Fort Walton Beach Resolution — 2021-04--Lease Purchase Agreement — reading text

throughout the Lease Term of the affected Lease so that the actual rate of interest is uniform throughout said Term and does not exceed the maximum rate permitted by applicable law. Lessee authorizes Lessor to insert any serial numbers and other identification data of the Equipment, dates and other omitted factual matters or descriptions into any Lease or any other forms, schedules or exhibits executed pursuant thereto. The captions in any Lease are for convenience of reference only and shall not define or limit any of the terms or provisions thereof. Time is of the essence with respect to Lessee' s obligations under each and every term and provision of this Master Agreement and any Equipment Schedule. Section 26. Governing Law. This Master Agreement and each Lease shall be construed under the laws of the State of Florida. 15-  Section 27. Acceptance By Lessor. This Lease shall not be binding on Lessor until signed by Lessee and thereafter Lessor duly accepts and executes it. Section 28. Entire Agreement. THIS MASTER AGREEMENT AND CORRESPONDING EQUIPMENT SCHEDULES CONTAIN THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NONE OF THE PROVISIONS OF THIS MASTER AGREEMENT OR ANY LEASE CAN BE AMENDED, MODIFIED OR WAIVED, EXCEPT IN A WRITING SIGNED BY LESSEE AND LESSOR. ALL PRIOR AGREEMENTS, REPRESENTATIONS AND WARRANTIES OF LESSOR, WHETHER WRITTEN OR VERBAL, ARE MERGED INTO THIS MASTER AGREEMENT AND THE RELATED LEASE AND SHALL HAVE NO FORCE AND EFFECT UNLESS SET FORTH HEREIN OR THEREIN IN WRITING. Signature Page to Follow] 16-  IN WITNESS WHEREOF, Lessor and Lessee have executed this Master Equipment Lease- Purchase Agreement as of the day and year first written above. LESSOR: LESSEE: HANCOCK WHITNEY BANK CITY OF FORT WALTON BEACH, FLORIDA By: By: _ 44iQ Name: Mark Stanley Name: Richard A. Rynearson Title: Senior Vice President Title: Mayor 14th 2nd Address: 2510 St., Floor Address: 107 Miracle Strip Pkwy SW Gulfport, MS 39501 Fort Walton Beach, FL 32548 Attention: Roxanne Reynolds Attention: Julio Lacayo, Jr., Finance Director Telephone: ( 228) 563- 5708 Telephone: ( 850) 833- 9512 E- mail: roxanne.reynolds@hancockwhitney.com E- mail: jlacayo@fwb.org Signature Page of Master Equipment Lease- Purchase Agreement]  INCUMBENCY AND AUTHORIZATION CERTIFICATE The undersigned, the duly appointed and acting City Clerk of the City of Fort Walton Beach, Florida, a municipal corporation organized under the laws of the State of Florida ( the Lessee"), certifies that I have custody of the records of the Lessee and that, as of the date hereof, the individual named below is the duly elected or appointed officer of such entity holding the office set forth opposite his name. I further certify that ( i) the signature set opposite his name and title is his true and authentic signature, and ( ii) such officer has the authority on behalf of the Lessee to enter into that certain Master Equipment Lease- Purchase Agreement dated as of May 25, 2021 ( the " Master Lease") and Equipment Schedule No. 2021- 01 thereto dated May 25, 2021 ( the " Schedule"), each between the Lessee and Hancock Whitney Bank, as lessor. NAME TITLE Richard Rynearson Mayor SIGNATURESZ 6( IN WITNESS WHEREOF, I have duly executed this Certificate and affixed the seal of the City of Fort Walton Beach, Florida, hereto dated May 25, 2021. SEAL] WAopN 1/4 e .. _ altIr4' By: 72-7c t" I Name: im M. Barnes Title: City Clerk 11 Ft other than the person signing the documents) 8743 2229615  Form 8038- G Information Return for Tax-Exempt Governmental Bonds Rev. September 2018) Under Internal Revenue Code section 149(e) See separate instructions. OMB No. 1545- 0720 Department of the Treasury Caution: If the issue price is under$ 100, 000, use Form 8038- GC. Internal Revenue Service Go to www.irs.gov/ F8038G for instructions and the latest information. Part I Reporting Authority If Amended Return, check here 1 Issuer' s name 2 Issuer' s employer identification number( EIN) City of Fort Walton Beach, FL 59- 6000323 3a Name of person( other than issuer) with whom the IRS may communicate about this return( see instructions) 3b Telephone number of other person shown on 3a Kim M. Barnes, City Clerk 850- 833- 9500 4 Number and street( or P. O. box if mail is not delivered to street address) Room/ suite 5 Report number( For IRS Use Only) 107 Miracle Strip Pkwy SW 13 6 City, town, or post office, state, and ZIP code 7 Date of issue Fort Walton Beach, FL 32548 05/ 18/ 2021 8 Name of issue 9 CUSIP number City of Fort Walton Beach, FL Lease Purchase, Series 2021 None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information( see 10b Telephone number of officer or other instructions) employee shown on 10a Kim M. Barnes, City Clerk 850- 833- 9500 Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education 11 12 Health and hospital 12 13 Transportation 13 14 Public safety 14 999, 320. 26 15 Environment( including sewage bonds) 15 16 Housing 16 17 Utilities 17 18 Other. Describe 18 19a If bonds are TANs or RANs, check only box 19a b If bonds are BANs, check only box 19b 20 If bonds are in the form of a lease or installment sale, check box Part HI Description of Bonds. Complete for the entire issue for which this form is being filed. Final maturity date c) Stated redemption d) Weighted a) b) Issue price e) Yield price at maturity average maturity 21 05/ 18/ 2024 999, 320, 26 $ N/ A N/ A years 1. 59 Part IV Uses of Proceeds of Bond Issue ( including underwriters' discount) 22 Proceeds used for accrued interest 22 23 Issue price of entire issue( enter amount from line 21, column ( b)) 23 999, 320