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Home My WebLink About1980-04 Relating to the Amendment of Equipment Lease Agreement Dated November 6, 19794 t t RESOLU'T'ION NO. A RESOLUTION RELATING TO THE AtyiENDMENT OF AN EQUIPMENT LEASE AGREEMENT DATED NOVEMBER 6, 1979 BE IT RESOLVED BY THE TOWN CJUNCIL OF THE TOWN OF VAIL, OLORADO, THAT: Section 1. Recitals. 1.01 Resolution No. 26, Series of 1979, Pursuant to Resolution No. 26, Series of 1979 (Resolution No. 26} of the Town Council of the Town of Vail, Colorado (the Tawn) adopted November 6, 1979, the Town Council approved a refinancing and lease arrange- ment between Colorado National Leasing, Tnc. of Denver, Colorado and the Town relating to ten Model T-30 City Cruiser Coaches and a Data General Computer System as described in a memorandum attached to Resolution No. 26 and marked as Exhibit A. The Town Manager was authorized, by Resolution Na. 26, to execute far and on behalf of the Town all documents necessary to complete the arrangement approved in Resolution No. 26. 1.02 Equipment Lease Agreement. Pursuant to the authority granted by Resolution No. 26 the Town Manager executed for and on behalf of the Town an Equipment Lease Agreement (the Lease) dated November 6, 1979, with Colorado National Leasing, Inc., a copy of which is on file in the records of the Town with the Town Clerk. 1.03 Amendment of Lease. Upon the request of the Finance Director of the Town the Lease was amended with respect to the source of funds for repayment of the Lease. Such amendments are 4=~~~~~' set forth in a letter dated February 1, 1980 (the February 1, 1980, n.f> letter}, from W. W. Wehner, President of Colorado National Leasing, 4~~~`s ' Inc. to Bill Pyka, the Finance Director of the Town, a copy of which February 1, 1980 letter is attached to this resolution as Exhibit A. Pursuant to the authority granted to the Town Manager by Resolution No. 26, the Town Manager, by Consent Certificate dated February 21, 1980 (the Consent Certificate), agreed, accepted and consented to the modifications and amendments to the Lease as set 2 - F t forth in the February 1, 1984, letter, which certificate is attached hereto as Exhibit B. Section 2. Approval of Amendment and Prior Action. The Town Council hereby agrees, accepts and consents to the n:odifications and amendments to the Lease as set fartt~ in the February 1, 1984, letter and hereby approves, ratifies and confirms the action of the Town Manager as represented in the Consent Certificate. Section 3. Instructions to Town Clerk. T,he Town Clerk is hereby directed to forward a certified copy or copies of this resolution to the following: a. DeMuth, Kemp & Backus Denver, Colorado b. Colorado National Leasing, Tnc. Denver, Colorado c. Hanifen, zmhoff & Samford DenverJr'Colorado Adopted this / d day of ~~ C~~~ ~-9 8fl Mayor l V Town of Vail, Colorado Town) Seal) ATTEST: Town Clerk Town of Vail, Colorado 3 - 11'rI / EXH IBTT ACNB 1 COL~RADC~ NATIONAL LEASING, INC. l~ll~~~~11\~~ COLORADO XATIRNAL BANK BUILDING . P.Q_ ~aX 5691 . DENV.~R, CO.80117.1.~D3} 17t-s13D February 1, 19$0 Mr. Bill Pyka Town Manager Tawn of Vail Vail, Calarado 81657 Re: Equipment Lease Agreement dated rlavember 6, 1979 Dear Bill; Yau have requested that we modify the above referenced agreement with respect to the source of funds far repayment of the lease and yoi~ have supplied the language to accomplish this. This request is pursuant to advice you received from your,band counsel. On the first page of the lease in paragraph "A", line 6, the phrase "Open Space and Capital Improvements Fund heretofore created and established and be payable solely Exam current revenues from the tax levy heretofore established in connection with said Fund;" is deleted and in its place is substituted the phrase "general revenues of the Town of Vail payable from current general revenue s of the various tax levies heretafore established;". 'On page 2 of the lease, paragraph 3, line 5, the phrase "Open Space and Capital Improvements Fund of" is deleted and in its place is substituted the phrase "the general revenues of the Tawn of l~ai1 payable from current general revenues of the various tax levies heretofore established by Lessee" Bill, this should produce the desired effect. Please sign and return to me a copy of this letter for our files. T~i~ ~S T4 CERT~iY T~~iT T~~S ~S T~~~~ ~~~~ E~:r,~:T C~~ Y ~~= T~~EG~:~r:l-'~,~ V ~i`Yi 8y , y ,, 4 - Very truly yflu~s W.lV.Wehner President Read, Agreed and Accepted, Town~of V i1, Colora~ by ' // ~~~ ~ ' ~ ..-f~ I'-' G c-~ -' Y ~TZt~e Date ~~~/~~ T:~ .... ~.. fa .. ti: ~ y ~ ~ 5_ IBIT B . STATE OF COLORADO COUNTY OF EAGLE TOWN OF VA.IL ss, CONSI~NT CERTIFICATE I, Rictyard Caplan, the Town Manager of the Town of Vail, Colorado (the Town) do hereby certify that; i} I have read the attached letter dated February 1, 1980 the February 1, 1980, letter}, from W. W. Wehner, President of Colorado National Leasing, Inc. of Denver. Colorado, to sill Pyka, the Finance Director of the Town; ii} pursuant to Resolution No. 26, Series of 1979, of the Town Council of the Town, adopted November 6, 1979, a copy of which is attached hereto, I was authorized to execute far and on behalf of the Town all documents necessary to complete a refinancing and lease arrangement with Colorado National Leasing, Inc. relating to ten Model T-30 City Cruiser Coaches and a Data General Computer System; iii} in accordance with the authority set forth in Resolution No. 26, Series of 1979, I did execute on behalf of the Town an Equipment Lease Agreement (the Lease), dated November 6, 1979, with Colorado National Leasing, Inc. a copy of which is attached hereto and which Lease is referenced in the February 1, 1980, letter; and iv} in accordance with the authority Set forth in Resolution No. 26, Series of 1979, I hereby agree, accept and consent to the modifications and amendments to the Lease as set forth in the February 1, 1980, letter. IN WITNE55 WHEREOF I have hereunto set my hand this p~/3t day of February, 1980. TOWN OF VAIL Richard Caplan ~~ Town Manager 6 - J/, ~~ , Council Member f~t/G(_~ ~~~~•~~~ then moved the passage and adoption of Resolution No. ~ Council Member Jj/'o''c. G seconded the motion, and the quesf.ion being upon the passage an a;~c;ptior~ cif said resolution, the roll was called with the following result: Council Members voting "Yes": Mayor: Rodney E. Slifer Council Members: Paula Palmateer John Donovan Thomas Steinberg Bill Wilto Scott Hopman Ron Todd Council Members voting "No": members of the Council present having voted in favor of the adoption of Resolution No. `~ , the presiding officer thereupon declared said resolution finally passed and adopted. Thereupon, after consideration of other business to come before the Council, the meeting was adjourned. Ma oJ~ .~Y U Town} Town of Vail, Colorado Seal) ATTEST: Town Clerk Town of Vail, Colorado 7 - r ~ • ~- STA',! E OF COLORADO ) COUNTY OF EAGLE ) s5. TCiwN OF VAI L } . I, Colleen Kline, the Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. ~, regarding the approval of the amendment. of an Equipment Lease Agreement dated November 6, 1979, is a true and correct copy; that said resolution was passed by the Town Council at a regular meeting thereof held at the Vail Municipal Building, the regular meeting /p/l~a,~ce of the Town Council in the Town, on Tuesday, the `~ day of ~%~~;~u~~~, 1980; that true copies of said resolution have been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Town, numbered and recorded in the official records of the Town kept for that purpose in my office. I further certify that the foregoing pages constitute a true and correct copy of the proceedings of the Town Council at its regular meeting of ~ ~ ~~ 1980, insofar as said proceedings relate to said resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado, this 'j ~ day of ~~ ~> , 1980. Town Clerk Town of Vail, Colorado 8 - i •, g _ .. C ~~~ ~ s C E R T I F I E D R E C O R D of proceedings of THE TOWN COUNCIL OF THE TOWN OF VAIL EAGLE COUNTY, COLORADO relating to the the substitution of United States Government Securities in an Escrow Account with the.Colorado National - Bank of Denver, Denver, Colorado, in connection with the refunding of the Town's GENERAL OBLIGATION BONDS, SERIES MARCH ~, 1974 and GENERAL OBLIGATION BONDS, SERIES DECEMBER 1, 1975 4 STATE Off' COLORADO ) COJNTY OF EAGLE y ss. TOWN OF' VAIL ) The Town Coundil of the 'own of Vail, Colorado, rr~et in special session, in full conformity with law and the ordinances and rules of the Town at the Municipal Building in said Town, being the regular meeting place of the Council, on Wed. , the 12 day of March, 1980, at 5:00 o'clock, P.M. There were present and answering at roll call: I~Sayor: ~ Rodney E. Slifer Mayor Pro Tem: John Donovan Councilmen: Scott Hopman Bill Wilto Dr. Thomas Steinberg Paula Palmateer Ronald Todd Also present: Town Manager: Richard Caplan Tvwn Clerk: Colleen Kline Absent : ~~-- L(.;~~'~~- L~ ~ ! t; - Ill ~ ~ ~G,~:~~, lA~~f~ Thereupon, Councilman ,~~:,.4 J , `J~~~l.~,f;~introduced and there was read in full the fallo~ing Resolution: