RES-2024-116RESOLUTION NO. 2024- 116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, AUTHORIZING THE EXECUTION AND
DELIVERY OF A SCHEDULE TO THE MASTER EQUIPMENT
LEASE/PURCHASE AGREEMENT FOR THE ACQUISITION,
FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR
THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED
HEREIN; AUTHORIZING THE EXECUTION AND DELIVERY
OF OTHER DOCUMENTS REQUIRED IN CONNECTION
THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS
NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, the City of Anaheim (the "Lessee "), a municipal corporation, duly organized
and existing under the laws of the State of California, is authorized by the laws of the State of
California to purchase, acquire and lease personal property (tangible and intangible) for the benefit
of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the City Council has determined that a need exists for the acquisition,
purchase and financing of certain property consisting of three (3) Emergency Transport
Ambulances (collectively, the "Equipment") on the terms herein provided; and
WHEREAS, the City Council on November 3, 2015 previously approved and authorized
that certain Master Equipment Lease/Purchase Agreement with Banc of America Public Capital
Corp (the "Lease'); and
WHEREAS, in order to acquire such Equipment, the Lessee proposes to approve that
certain Schedule of Property No. 6 to the Master Equipment Lease/Purchase Agreement, including
the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto
the (the "Additional Lease") with Banc of America Public Capital Corporation (or one of its
affiliates), as lessor (the "Lessor"); and
WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient
and effective administration thereof to enter into the Lease and the Additional Lease and
separate Schedules relating thereto from time to time as provided in the Agreements for the
purchase, acquisition, financing and leasing of the Equipment to be therein described on the terms
and conditions therein and herein provided; and
WHEREAS, the Lease and the Additional Lease are hereinafter collectively referred
to as the "Agreements. "
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
Section 1. Findings and Determinations. It is hereby found and determined that the terms
of the Agreements (including the form of Schedule of Property and the form of Rental Payment
Schedule, both attached thereto), in the form presented to the City Council at this meeting, are in the
best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment.
Section 2. Approval of Documents. The form, terms and provisions of the Agreements
(including the form of Schedule of Property and the form of Rental Payment Schedule, both attached
thereto) are hereby approved in substantially the forms presented at this meeting, with such
insertions, omissions and changes as shall be approved by the Finance Director, Deputy Finance
Director, City Clerk and City Attorney of the Lessee (the "Authorized Officials") executing the
same, the execution of such documents being conclusive evidence of such approval. The Authorized
Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the
Agreements, each Schedule thereto under which a separate Lease (as defined in the Agreements) is
created, each Rental Payment Schedule attached thereto and any related exhibits attached thereto if
and when required; provided, however, that, without further authorization from the City Council of
the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into
pursuant to the Agreements shall not exceed $1,500,000.00; (b) the maximum term under any
Lease entered into pursuant to the Agreements shall not exceed five(5) years; and (c) the
maximum interest rate used to determine the interest component of Rental Payments under each
Lease shall not exceed the lesser of the maximum rate permitted by law or [four percent (4.0%)]
per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the
Lessee pursuant to the Agreements on such terms and conditions as they shall determine are in the
best interests of the Lessee up to the maximum aggregate principal component, maximum term
and maximum interest rate provided above. The foregoing authorization shall remain in effect for a
period of one year from the date hereof during which the Authorized Officials are authorized to
sign and deliver Leases pursuant to the Agreements on the terms and conditions herein provided
and to be provided in each such Lease.
Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take
all action necessary or reasonably required by the parties to the Agreements to carry out, give effect
to and consummate the transactions contemplated thereby (including the execution and delivery of
Final Acceptance Certificates and any tax certificate and agreement, as contemplated in the
Agreements) and to take all action necessary in conformity therewith, including, without limitation,
the execution and delivery of any closing and other documents required to be delivered in
connection with the Agreements.
Section 4. No General Liability. Nothing contained in this Resolution, the Agreements, any
Lease nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary
liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the
breach of any agreement contained in this Resolution, the Agreements, or any other instrument or
document executed in connection therewith impose any pecuniary liability upon the Lessee or any
charge upon its general credit or against its taxing power,
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except to the extent that the Rental Payments payable under each Lease entered into pursuant to
the Agreements are limited obligations of the Lessee, subject to annual appropriation, as provided
in the Agreements.
Section 5. Appointment of Authorized Lessee Representatives. The Finance Director and
Deputy Finance Director are hereby designated to act as authorized representatives of the Lessee
for purposes of the Agreements until such time as the City Council of the Lessee shall designate
any other or different authorized representative for purposes of the Agreements.
Section 6. Severability. If any section, paragraph, clause or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Resolution.
Section 7. Effective Date. This Resolution shall be effective immediately upon its approval
and adoption.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 13th day of November, 2024, by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
w
BY:
MAYOR OF TH ITY OF ANAHEIM
ATTEST:
RK F THE CITY O ANAHEIM
153765
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2024-116 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 131h day of November. 2024 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava,
Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 181 day of November. 2024.
CITY K OF THE CITY OF ANAHEIM
(SEAL)