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5 <br />WHEREAS <br />, the City Council of the CITY OF CHARLOTTESVILLE, <br />VIRGINIA (“the Lessee”), desires to obtain certain equipment (the “Equipment”) <br />described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, <br />the “Lease”) with SUNTRUST LEASING CORPORATION, the form of which has been <br />available for review by the City Council of the Lessee prior to this meeting; and <br /> <br />WHEREAS <br />, the Equipment is essential for the Lessee to perform its <br />governmental functions; and <br /> <br />WHEREAS <br />, the funds made available under the Lease will be deposited with <br />SUNTRUST BANK (the “Escrow Agent”) pursuant to an Escrow Agreement between <br />the Lessee and the Escrow Agent (the “Escrow Agreement”) and will be applied to the <br />acquisition of the Equipment in accordance with said Escrow Agreement; and <br /> <br />WHEREAS <br />, the Lessee has taken the necessary steps, including those relating to <br />any applicable legal bidding requirements, to arrange for the acquisition of the <br />Equipment; and <br /> <br />WHEREAS <br />, the Lessee proposes to enter into the Lease with SUNTRUST <br />LEASING CORPORATION and the Escrow Agreement with the Escrow Agent <br />substantially in the forms presented to this meeting. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF CHARLOTTESVILLE, VIRGINIA, AS FOLLOWS <br />: <br /> <br />SECTION 1. It is hereby found and determined that the terms of the Lease and the <br />Escrow Agreement (collectively, the “Financing Documents”) in the forms presented to <br />this meeting and incorporated in this resolution are in the best interests of Lessee for the <br />acquisition of the Equipment. <br /> <br />SECTION 2. The Financing Documents and the acquisition and financing of the <br />Equipment under the terms and conditions as described in the Financing Documents are <br />hereby approved. The City Manager of the Lessee and any other officer of the Lessee <br />who shall have power to execute contracts on behalf of the Lessee be, and each of them <br />hereby is, authorized to execute, acknowledge and deliver the Financing Documents with <br />any changes, insertions and omissions therein as may be approved by the officers who <br />execute the Financing Documents, such approval to be conclusively evidenced by such <br />execution and delivery of the Financing Documents. The Clerk of Council of the Lessee <br />and any other officer of the Lessee who shall have power to do so be, and each of them <br />hereby is, authorized to affix the official seal of the Lessee to the Financing Documents <br />and attest the same. <br /> <br />SECTION 3. The proper officers of the Lessee be, and each of them hereby is, authorized <br />and directed to execute and delivery any and all papers, instruments, opinions, <br />certificates, affidavits and other documents and to do or cause to be done any and all <br />other acts and things necessary or proper for carrying out this resolution and the <br />Financing Documents. <br /> <br />APPROPRIATION <br />e. : $188,525.57 – School Pupil Transportation Revenue <br /> (carried over) <br /> <br />APPROPRIATION <br />f. : $7,600.87 – State Reimbursement for Sheriff’s Office <br /> (carried over) <br /> <br />APPROPRIATION <br />g. : $2,629.02 – U. Va. Reimbursement for Sheriff’s Office <br /> (carried over) <br /> <br />RESOLUTION <br />h. : Amendment to City Manager’s Performance Agreement <br /> <br /> BE IT RESOLVED <br />by the Council for the City of Charlottesville that the <br />existing Employment Agreement between the City of Charlottesville and City Manager <br />Gary O’Connell, dated November 1, 2006 is hereby amended as follows: <br /> <br />