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HomeMy WebLinkAbout1993 06-21 EDAP Work Session COUNCIL /EDA WORK SESSION JUNE 21, 1993 1. Call to Order: 7:00 P.M. 2. Roll Call 3. Discussion Items: a. Brooklyn Boulevard Phase II Study: - a consultant recommendation b. Business Retention /Job Expansion Program C. Brooklyn Center Redevelopment Policy d. Program /Cost Center Budgeting e. Brookdale Task Force 4. Other Business of Interest to the Council /EDA a. Authorizing the Investment Trust Fund to Loan Money to the Earle Brown Heritage Center b. Authorizing a Lease Purchase Agreement for the Earle Brown Heritage Center C. Authorizing the Capital Outlays for the Earle Brown Heritage Center 5. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date L, Agenda Item Number -4 REQUEST FOR COUNCIL CONSIDERATION • ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Charles Hansen, Finance Director NANAGER ■S i ATION: No comments supplement this report Comments below /attached SUNKARY EXPLANATION: (supplemental sheets attached ) In the past, the City has temporarily financed construction projects by • issuing Temporary Improvement Notes from the Investment Trust Fund until permanent financing in the form of a bond sale could be arranged. Similar loans have occasionally been made to other City funds which were in need of financing, but didn't find it desirable to sell bonds. Presently, the Earle Brown Heritage Center needs to purchase catering equipment and small wares to comply with the provisions of its contract with the new caterer, D'Amico & Partners Hospitality Consultants Inc. The detail list.is attached and the prices quoted by one vendor total $50,572.44. This vendor also has offered to finance the purchase with a lease - purchase arrangement having payments spread over three years and an interest rate of nine percent. I am proposing to instead have the Heritage Center purchase the items outright as a capital outlay, and finance it with a Temporary Improvement Note. Repayment would be from operating revenues over a period of three years. The interest rate charged would be seven percent. While seven percent is more than the City is earning on its other investments, it is also less than the nine percent cost of outside financing. Interest earned by the City is then allocated to all funds, including the E.D.A. The City Council last addressed the interest rate issue with Resolution 92 -09 when the rate was set at eight percent. This resolution wouldn't change the rate on other loans, but only set it for this loan. I anticipate that on January 1, 1994, I will recommend that all loans be reduced to seven percent because of the general decline in interest rates. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. L EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Lease With Option to Purchase Agreement dated as of April 19. 1993, between Kansas State Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Quanti Item Numbers Item Unit Price . _' Extended Box Flete Hunter Green 300 Snap Draoe Skirting 300 Ft. $7.59(Ft.) $2,277.00 800 1018 Plate Covers $6.59 $5,272.00 72 L97000 Carafes, 1 liter $3.03 $218.16 .24 L795 Carafes, 1 liter $4.28 $102.72 130 Vollrath Glass Racks $22.00 $2,860.00 98266 Tray Jacks $17.95 $538.30 Halco Bread Baskets $2.75 $165.00 1 BC235 Bussing Cart $250.00 $250.00 2 98270 Carving Station, Heat La^m $115.00 $230.00 616 80348 B &B Knives $1.50 $924.00 36 /dz. Cardinal 3071086 Futed Glass $13,93 $683.28 68 /dz. Cardinal 8071080 Sovoie Glass $ ?5.18 $1,712.24 84/dz. Cardinal 8071083 Goblet Glass $18.98 $1,594.32 160 /ea. Vollwrath*( ) Coffee Server $12.88 $2,060.80 13 -6 /dz. Lancaster 0213 Stacking Rocks $78.28 $1,017.64 12 /ea. Lockwood R�70ER24E Bun Pan Rack $187.53 $2,250.36 45/3oz. Libby 15427 Glass Plates 2 2 es 95 .00 $ 51 , .00 25 /loz. Libby 15201 Stacking Glass Mugs $12.34 $308.50 800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00 1250 /ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50 800 /ea. 901608 9 oz. Versalles Tea Cun $4.05 $3,240.00 350 /ea. 900010 Cup Versalles Large $2.25 $787.50 160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00 160/ea. 901111 Cylinder Versalles Salt/P $5.40 $964.00 160 /ea. 900149 Pitcher 4oz. $2.70 $432.00 1608 /ea. Tango Dinner Knife $2.06 $3,216.00 1608 /ea. Tango Dinner Fork $.q0 $1,447.20. 804 /ea. Tango Salad Fork $.85 $683.40 806 /ea. Tango Soup Spoon ea. Tango $.85 $260.10 804 / T o Teaspoon $.60 $482.40 1 8 /ea. Tango Butter SprQader $1.20 $255.60 TEAL FREIGHT $880.15 Location of Equipment: (See Attached Page) Quantity Item Numbers Item Unit Price Extended 300 188A26X /ea. Pan Sheet Full Size 18x26 $5.45 $1,635.00 1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6.03 1 4616/ea. Collander Alum 16gt. $42.92 $42.92 4 5264/ea. Measurer Alum 4qt. $13.24 $52.96 6 5327/ea. Pan Cupcake Alien 24 cup $38.73 $232.38 6 1906 /ea. Scraper - Plate /Bwl 1 6.5 11 $1.98 $11.28 1 2884 /ea. Scoop -Utl Clr Carbx 320z. $3.92 $3.92 3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91 4 5286 -8 /ea. Turner Cake 8X3 Sanisaf $11.13 $44.52 2 S14710SC Slicer Break 10" SC SSAF $9.77 $19.54 6 6519 /ea. Knife- Paring 3.25" CL.PPT $3.81 $22.86 1 6501 -8 Spatula Semifix 8xl BLD $6.53 $6.53 6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28 1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16 4 430 -2 /ea. Brush - Pastry Nylon 2" $3.05 $12.20 1 2841/ea. Brushwire w /Scraper $2.34 2 34 6 1529C/ea. - $ Box Tote 15x21x5 Gray 3.37 $ $20.22 12 1524C /ea. Box Cul try 4CP 15x21x4 GRA $4.02 $48.24 6 3022 -2 /ea. Pan-Fd ss Half sz 2.5DP $7.43 $44.58 6 3024 -2 /ea. Pan Fd ss Half sz 4 "DP $10.43 $62.58 6 3034 -2 /ea. Pan -Fd ss Third sz 4 11 DP $9.78 $58.68 6 3064 -2 /ea. Pan-Fd ss Sixth sz 4 11 DP $6.07 $36.42 2 46793/ea. Spoon Solid ss 13" $1.94 $3.88 3 46976/ea. Spoon Slotted ss 13" $1.94 $5.82 4. 46908/ea. Ladle, ss 8oz. $ 3 .52 $14.08 6 47113/ea. Tong -Util Hinged ss 12 " $1.731�r�_ 6 O-9s /set Pastry Tubes -Star 0 -9 $26.44 6 O-9s /set Pastry Tubes -Star 0 -9 Mii 1 334C /ea. Pastry Decorating Set $ :'$3.05 6 3418/ea. Bag- Pastry Nylon 12x18 $5.91 $35.46 4 173724 /P.a. Board -Cut Plst 18x24x5 $18.58 $74.32 1 6304 /ea., Spoons- Measure ss Set /4 $ $1.14 6 10317 /ea. Graze -Icing W R 18x26xl $15.33 $91.98 1 21 /ea.. , Slicer -Egg 2 -Way $3.73 $3.73 8 1087 /ea. Cylinder Sliver Wht Nyl $2.87 $22.96 6 22SFSCW /ea. 22 qt. Container $13.37 $80.34 6 SPC12 /ea. 12,_18 & 22 qt. Lids $1.78 $10.50 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND ------------------------------------------------------------- WHEREAS, in the past, the City has issued Temporary Improvement Notes to finance a project either during construction or as an alternative to outside financing; and WHEREAS, the Earle Brown Heritage Center has entered into a new catering contract with D'Amico & Partners Hospitality Consultants, Inc., which calls for the Heritage Center to purchase its own catering equipment and small wares; and WHEREAS, the possibility of outside financing in the form of a lease - purchase has been investigated and found to carry an interest rate of nine percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Investment Trust Fund is authorized to issue a Temporary Improvement Note to the Earle Brown Heritage Center for the purchase of catering equipment and small wares. 2. The Temporary Improvement Note shall be in the amount of $51,000, be repayable over three years, and shall bear an interest rate of seven percent. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. uv Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF LEASE PURCHASE AGREEMENT FOR CERTAIN CATERING EQUIPMENT WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA), by contract with D'Amico and Partners Hospitality Consultants, Inc., dated April 1, 1993 entitled AGREEMENT FOR FOOD SERVICE MANAGEMENT (the "Catering Agreement ") is responsible for providing certain equipment; and WHEREAS, the EDA has selected and approved purchase of such equipment (the "Equipment ") pursuant to the Catering Agreement; and WHEREAS, the EDA has determined that it is in the best interest of the public to secure such Equipment by a lease purchase agreement; and WHEREAS, the staff has presented to the EDA for its consideration a lease purchase agreement with the Kansas State Bank of Manhattan for the lease purchase of the Equipment (the "Lease Purchase Agreement ") which has been considered and approved by the EDA. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. The Purchase Agreement is hereby approved and the President and Executive Director are authorized and directed to execute the Lease Purchase Agreement for and on behalf of the EDA, together with any other documents which may be necessary to effect said Agreement. 2. The Lease Purchase Agreement is designated as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Reveneu Code of 1986 as amended from time to time. In compliance with Section 265(b)(3)(D) of the Code, the EDA represents that it will not designate more than $10,000,000 of obligations issued by the EDA during the calendar year as such "qualified tax - exempt obligation ". EDA Resolution No. Is 3. The EDA hereby certifies that the Lease Purchase Agreement reasonably anticipates that it will not issue in the calendar year 1993 obligations, including the Lease Purchase Agreement, bearing interest exempt from Federal income taxation under Section 103 of the Code in an amount greater than $10,000,000. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. W BAYSTONE FINANCIAL GROUP Sent Via Overnight Mail June 14, 1993 The Economic Development Authority of Brooklyn Center Mr. Tim Johnson 6301 Shingle Creek Brooklyn Center, Minnesota 55480 RE: Lease With Option To Purchase A reement between The Economic Development Authority of Brooklyn Center (Lessee) and Kansas State Bank of Manhattan (Lessor). Dear Tim: As per your counsel's request, enclosed please find a revised contract for proper execution. Please remember that no funds will be released until all documentation has been returned to me. If you have any questions please do not hesitate to call. Sincerely, I,r da J. ier Financial oordinator UT /rmg Enclosures 1010 Westloop, Suite 200, Manhattan, Kansas 66502 -0069 (913) 5874050, (800) 752 -3562, FAX: (913) 537 -4806 LEASE WITH OPTION TO PURCHASE AGREEMENT Lessee: Lessor: The Economic Development Authority of Brooklyn Center Kansas State Bank of Manhattan 6301 Shingle Creek Parkway 1010 Westloop Brooklyn Center, Minnesota 55480 Manhattan, Kansas 66502 Dated as of April 19, 1993 This Lease With Option to Purchase Agreement dated as of the date listed above is between Lessor and Lessee listed directly above. Lessor desires to lease the Equipment described in Exhibit "A" to Lessee and Lessee desires to lease the Equipment from Lessor subject to the terms and conditions of this Agreement which are set forth below. I. Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Lease with Option to Purchase Agreement and all Exhibits attached hereto. "Budget Year" means the Lessee's fiscal year. "Commencement Date" is the date when and Lessee's obligation to pay rent begins. "Equipment" means all of the items of Equipment listed on Exhibit "A" and all replacements, restorations, modifications and improvements. "Lessee" means the entity listed above as Lessee and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor" means the entity originally listed above as Lessor or any of its assignees. "Lease Term" means the Original Term and all Renewal Terms. "Original Term" means the period from the Commencement Date until the end of the budget year of Lessee. "Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Lessee's budget year. "Rental Payments" means the payments Lessee is required to make under this Agreement as set forth on Exhibit "B ". "State" means the state in which Lessee is located. II. Lessee Warranties Section 2.01. Lessee represents, warrants and covenants as follows for the benefit of Lessor or its assignees: (a) Lessee is an "issuer of tax exempt obligations" because Lessee is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the "Code ") or because Lessee is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103 -1(b) (b) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement, and has used such authority to properly execute and deliver this Agreement. Lessee has followed all proper procedures of its governing body in executing this Agreement. The Officer of Lessee executing this Agreement has the authority to execute and deliver this Agreement. This Agreement constitutes a legal, valid, binding and enforceable obligation of the Lessee in accordance with its terms. (c) Lessee has complied with all statutory laws and regulations which may be applicable to the execution of this Agreement. (d) Lessee shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax - exempt status of the Interest Portion of the Rental Payments as a result of the failure of the Lessee to use the Equipment for governmental purposes, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield to the same level as the Lessor or its assignees would attain if the transaction continued to be tax- exempt. (f) Should the Lessee cease to be an "issuer of tax exempt obligations ", then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield on this Agreement to the same level as the Lessor or its assignees would attain if the transaction continued to be tax - exempt. (g) Lessee hereby designates the Agreement as a "qualified tax - exempt obligation" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986. The aggregate face amount of all tax - exempt obligations issued or to be issued by the Lessee and all subordinate entities thereof during the Issuance Year is not reasonably expected to exceed ten million (10,000,000) dollars. (h) Lessee has never non - appropriated funds under an Agreement similar to this Agreement. (i) Lessee will submit to the Secretary of the Treasury an information reporting statement as required by the code. 0) Upon request by Lessor, Lessee will provide to Lessor with current financial statements, reports, budgets, etc. (k) Lessee shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. Section 2.02. Escrow Agreement. In the event both Lessor and Lessee mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Agreement, Lessor and Lessee agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Agreement shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Lessor shall deposit or cause to be deposited with the Escrow agent for credit to the Equipment Acquisition Fund the sum of $ N A , which shall be held, invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment, Rental Payments and the Purchase Option Price Section 3.01. Acquisition. Lessee shall order the Equipment, cause the Equipment to be delivered and installed. Section 3.02. Rental Payments. Lessee shall pay Rental Payments exclusively to Lessor or its assignees in lawful, legally available money of the United States of America. The Rental Payments shall be sent to the location specified by the Lessor or its assignees. The amount and date of each Rental Payment shall be paid as set forth on Exhibit "B ". Simple interest calculations will be used. Each payment shall be applied first to interest as of the date the payment is received, with the remainder of the payment applied to reduce the principal. The Rental Payments shall constitute a current expense of the Lessee and shall not constitute an indebtedness of the Lessee. Lessor shall have the option to charge interest at the highest lawful rate on any Rental Payment received later than the due date. Section 3.03. Rental Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET -OFF OR DEFENSE. Section 3.04. Purchase Option Price. Upon 30 days written notice, Lessee shall have the option to pay, in addition to the Rental Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. If Lessee chooses this option and pays the Purchase Option Price to Lessor then Lessor will transfer any and all of it's rights, title and interest in the Equipment to Lessee. Section 3.05. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY LESSEE. IV. Non - Appropriation Section 4.01. Non - Appropriation. If insufficient funds are available in Lessee's budget for the next budget year to make the Rental Payments for the next Renewal Term and the funds to make such Rental Payments are otherwise unavailable by any lawful means whatsoever, then Lessee shall have the option to non - appropriate the funds to pay the Rental Payments for the next Renewal Term. If Lessee chooses this option, then all obligations of the Lessee under this Agreement regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Lessee of any kind. Lessee shall immediately notify the Lessor as soon as the decision to non- appropriate is made. If such non - appropriation occurs, then Lessee shall deliver the Equipment to Lessor or to a location designated by Lessor at Lessee's expense. Lessee shall be liable for all damage to the equipment other than normal wear and tear. If Lessee fails to deliver the Equipment to Lessor, then Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for costs incurred. If Lessee non - appropriates under this section, then Lessee shall not purchase, lease or rent Equipment performing same or similar functions to those performed by the Equipment for a period of 360 days unless otherwise prohibited by public policy considerations. V. Insurance, Damage, Insufficiency of Proceeds, Indemnification Section 5.01. Insurance. Lessee shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Lessee shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Lessee is required to make Rental Payments. Lessee shall provide Lessor with a Certificate of Insurance which lists the Lessor and /or Assigns as a Loss Payee and an Additional Insured on the policies with respect to the Equipment. (a) Lessee shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment. Alternatively, Lessee may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Lessor from liability and property damage in any form and amount satisfactory to Lessor. (c) Lessee may self - insure against the casualty risks and liability risks described above. If Lessee chooses this option, Lessee must furnish Lessor with a certificate and /or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Lessor and its assignees are named insureds and loss payees and that all losses are payable to Lessee and Lessor or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Lessor or its assignees. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Section 5.02. Damage to or Destruction of Equipment. Lessee assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Lessee will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Lessor, Lessee shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Lessee shall, at the option of Lessor, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency to the Lessor. Section 5.04. Indemnification. To the extent permitted by law, Lessee shall protect, hold harmless and indemnify Lessor and its assignees from all liability, claims, damages and costs incurred by Lessor and its assignees which arose out of installation, operation, possession, storage, or use of any item of the Equipment. This would include all expenses, including attorney's fees, incurred by Lessor of its assignees in defending any claims or actions filed against them as well as any judgement entered against Lessor or its assignees. Section 5.05. Lessee's Negligence. Lessee assumes all risks and liabilities for loss or damage to any Equipment, injury to or death of any person or damage to any property, and any cost recovery for removal and remediation actions related to the release or threatened release of hazardous substances under Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or any state or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by the Lessee. VI. Title and Security Interest Section 6.01. Title. Title to the Equipment shall vest in Lessee when Lessee acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Lessor in the event Lessee non - appropriates under Section 4.01 or in the event Lessee defaults under Section 9.01. In either of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment to Lessor. Section 6.02. Security Interest. To secure the payment of all Lessee's obligations under this Agreement, Lessee hereby grants to Lessor a Security Interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit "A ". The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Lessee agrees to execute such additional documents which Lessor deems necessary or appropriate to establish and maintain its security interest and the security interest of any assignee of Lessor in the Equipment. VII. Assignment Section 7.01. Assignment by Lessor. All of Lessor's rights, title and /or interest in and to this Agreement may be assigned and reassigned in whole or in part to one or more assignees or subassignees (including a Registered Owner for Lease Participation Certificates) by Lessor at any time without the consent of Lessee. No such assignment shall be effective as against Lessee until the assignor shall have filed with Lessee written notice of assignment identifying the assignee. Lessee shall pay all Rental Payments due hereunder relating to such Equipment to or at the direction of Lessor or the assignee named in the notice of assignment. Lessee shall keep a complete and accurate record of all such assignments. Section 7.02. Assignment by Lessee. None of Lessee's right, title and interest under this Agreement and in the Equipment may be assigned by Lessee unless Lessor approves of such assignment in writing before such assignment occurs and only after Lessee first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax - exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01. Lessee shall keep the Equipment in good repair and working order. Lessor shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Lessee will be liable for all damage to the Equipment, other than normal 10 wear and tear, caused by Lessee, its employees or its agents. Lessee shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. Lessee shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Lessee shall not during the term of this Agreement create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. The Equipment is and shall at all times be and remain personal property. Lessee shall allow Lessor to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01. Events of Default defined. The following events shall constitute an "Event of Default" under this Agreement: (a) Failure by Lessee to pay any Rental Payment listed on Exhibit "B" for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit "B ". (b) Failure to pay any other payment required to be paid under this Agreement at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Lessor that such payment must be made. If Lessee continues to fail to pay any payment after such period, then Lessor may, but will not be obligated to, make such payments and charge Lessee for all costs incurred plus interest at the highest lawful rate. (c) Failure by Lessee to observe and perform any warranty, covenant, condition, promise or duty under this Agreement for a period of thirty (30) days after written notice specifying such failure is given to Lessee by Lessor, unless Lessor agrees in writing to an extension of time. Lessor will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Lessee. Subsection (c) does not apply to Rental Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Lessee in or pursuant to this Agreement which proves to be false, incorrect or misleading on the date when made regardless of Lessee's intent and which materially adversely affects the rights or security of Lessor under this Agreement. (e) Any provision of this Agreement which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Lessor. (f) Lessee admits in writing its inability to pay its obligations. Lessee defaults on one or more of its other obligations. Lessee applies or consents to the appointment of a receiver or a custodian to manage its affairs. Lessee makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Agreement, Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Agreement, Lessor may require Lessee at Lessee's expense to redeliver any or all of the Equipment to Lessor to a location specified by Lessor. Such delivery shall take place with in 15 days after the event of default occurs. If Lessee fails to deliver the Equipment, Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for cost incurred. Notwithstanding that Lessor has taken possession of the Equipment, Lessee shall still be obligated to pay the remaining Rental Payments due up until the end of the then current Original Term or Renewal Term. Lessee will be liable for any damage to the Equipment caused by Lessee or its employees or agents. (c) Lessor may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Section 9.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to eve other remedy given under this A w hereafter ry yip Agreement no or existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. X. Miscellaneous Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shalt designate hereafter in writing. Section 10.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessee and Lessor and their respective successors and assigns. Section 10.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.04. Amendments, Addendums, Changes or Modifications. This Agreement may be amended, added to, changed or modified by written agreement duly executed by Lessor and Lessee. Section 10.05. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.06. Captions. The captions or headings in this Agreement do not define, limit or describe the scope Y or intent of an provisions or sections of this Agreement. Section 10.07. Master Lease. This Agreement shall be construed to be a Master Lease Agreement. For purposes of this section only, a Master Lease Agreement means that Lessor may lease to Lessee additional equipment under this Agreement so long as both Lessee and Lessor properly execute an additional Exhibit A, Exhibit B, Exhibit C and Exhibit E and so long as the additional equipment is leased by Lessor within a time frame acceptable to Lessor. Lessor and Less .,e have aused this Agreement to be executed in their names by their duly authorized representatives listed befow. THE ECONOMIC DEVELOPMENT AUTHORITY KANSAS STATE BANK OF MANHATTAN OF BROOKLYN CENTER By: By: Typed: Typed: Title: Title: EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Lease With Option to Purchase Agreement dated as of April 19. 1993, between Kansas State Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Quanti Item Numbers Ite1n Unit Price Extended Box Flete Hunter Green 300 Snap Drape Skirting 300 Ft. $7.59(Ft.) $2,277.00 800 1018 Plate Covers $6.59 $5,272.00 72 L97000 Carafes, 1 liter $3.03 $218.16 .24 L795 Carafes, 1 liter $4.28 $102.72 130 Vollrath Glass Racks $22.00 $2,860.00 98266 Tray Jacks $17.95 $538.30 Halco Bread Baskets $2.75 $165.00 BC235 Bussing Cart $250.00 $250 '.00 2 98270 Carving Station, Heat La-:m__ $115.00 $230.00 616 80348 B &B Knives $1.50 $924.00 36 /dz. Cardinal 3071086 Futed Glass $10,90 $683.28 68 /dz. Cardinal 8071080 Sovoie Glass 84/dz. Cardinal 8071083 Goblet Glass $ $118 8. _- 9.8 8 $1,594.32 160 /ea. Vollwrath'( --. Coffee Server $12.88 $2,060.80 13 -6 /dz. Lancaster 0213 Stacking Rocks $78.28 $1,017.64 12 /ea. Lockwood MOOER24E Bun Pan Rack $187.53 $2,250.36 45/3oz. Libby 154.27 Glass Plates $51.00 $2,295.00 25 /loz. Libby 15201 Stacking Glass Mugs $12.34 $308.50 800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00 1250 /ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50 300 /ea. 901608 9 oz. Versalles Tea Cun $4.05 $3,240.00 350/ea. 900010 Cup Versalles Large $2.25 $787.50 160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00 160 /ea. 901111 Cylinder Versalles Salt/P $5.40 $964.00 160 /ea. 900149 Pitcher 4oz. $2.70 $432.00 1608 /ea. Tango Dinner Knife $2.06 $3,216.00 1608 /ea. Tango Dinner Fork $.90 $1,447.20. 804 /ea. Tango Salad Fork $,85 $683.40 806 /ea. Tango Soup Spoon $.85 $260.10 804 /ea. Tango Teaspoon $.60 $482.40 188 /ea. Tango Butter Spreader $1.20 $255.60 TAL FREIGHT' $880.15 Location of Equipment: (See Attached Page) _ Alk - Mantity Item Ntmibers Item Unit Price Extended 300 188A26X /ea. Pan Sheet Full Size 18x26 $5.45 $1,635.00 1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6.03 1 4616 /ea. Collander Alum 16gt. $42.92 $42.92 4 5264/ea. Measurer Alum 4qt. $13.24 $52.96 6 5327/ea. Pan Cupcake Alum 24 cup $38.73 $232.38 6 1906 /ea. Scraper- Plate /Bwl 16.5" $1.88 $11.28 1 2884/ea. Scoop -Utl Clr Carbx 320z. $3.92 $3.92 3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91 4 5286 -8 /ea. Turner Cake 8X3 Sanisaf $11.13 $44.52 2 S1471OSC Slicer Break 10" SC SSAF $9.77 $19.54 6 6519 /ea. Knife- Paring 3.25" CL.PPT $3.81 $22.86 1 6501 -8 Spatula Semifix 8xl BLD $6.53 $6.53 6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28 1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16 4 430 -2 /ea. Brush - Pastry Nylon 2" $3.05 $12.20 1 2841/ea. Brushwire w /Scraper $2.34 $2.34 6 1529C /ea. Box -Tote 15x2lx5 Gray $3.37 $20.22 12 1524C /ea. Box Cultry 4CP 15x2lx4 GRA $4.02 $48.24 6 3022 -2 /ea. Pan-Fd ss Half sz 2.5DP $7.43 $44.58 6 3024 -2 /ea. Pan -Fd ss Half sz 4 "DP $10.43 $62.58 6 3034 -2 /ea. Pan-Fd ss Third sz 4 "DP $9.78 $58.68 6 3064 -2 /ea. Pan -Fd ss Sixth sz 4 "DP $6.07 $36.42 2 46793/ea. Spoon Solid ss 13" $1.94 $3.88 3 46976/ea. Spoon Slotted ss 13" $1.94 $5.82 4. 46908 /ea. Ladle, ss 8oz. $3.52 $14.08 6 47113/ea. Tong -Util Hinged ss 12" $1.73 WA 6 O-9s /set Pastry Tubes -Star 0 -9 �i:ii $26.44 6 O-9s /set Pastry Tubes -Star 0 -9 $3.05 .:$3.05 1 334C /ea. Pastry Decorating Set $5.91 $35.46 6 3418/ea. Bag- Pastry Nylon 12x18 74.32 1.14 $18.58 4 173724 /P.a. Board -Cut Plst 18x24x5 $1.14 $$ 1 6304/ea.. Spoons - Measure ss Set /4 $15.33 $ 6 10317 /ea. Graze -Icing W R 18x26xl $3.73 $3.73 1 21 /ea.. . Slicer -Egg 2 -Way $2.87 $ 8 1087 /ea.' Cylinder Sliver Wht Nyl $13.37 $80.34 6 22SFSCW /ea. 22 qt Container $1.78 $10.50 6 SPC12 /ea. 12,_18 & 22 qt. Lids THIS IS ALL CALCULATED IN - - "ADVANCE" EXHIBIT B Lessee: Economic Develop. Auth. of Brooklyn C. Date of first payment: 06/15/93 Original Balance: $50,572.44 Total Number of Payments: 36 Number of Payments per year: 12 RENTAL PAYMENT SCHEDULE PAYMNT DUE TOTAL APPLIED TO APPLIED TO PURCHASE NO. DATE PAYMENT INTEREST PRINCIPAL OPTION PRICE 1 15- Jun -93 $1,597.83 $0.00 $1,597.83 $0.00 2 15- Jul -93 $1,597.83 $370.29 $1,227.54 $0.00 3 15- Aug -93 $1,597.83 $361.01 $1,236.82 $49,853.18 4 15- Sep -93 $1,597.83 $351.66 $1,246.17 $48,421.53 5 15- Oct -93 $1,597.83 $342.23 $1,255.59 $46,985.11 6 15- Nov -93 $1,597.83 $332.74 $1,265.09 $45,543.89 7 15- Dec -93 $1,597.83 $323.18 $1,274.65 $44,097.88 8 15- Jan -94 $1,597.83 $313.54 $1,284.29 $42,647.04 9 15- Feb -94 $1,597.83 $303.83 $1,294.00 $41,191.37 0 0 15- Mar -94 $1,597.83 $294.04 $1,303.78 $39,730.85 1 15- Apr -94 $1,597.83 $284.19 $1,313.64 $38,265.46 12 15- May -94 $1,597.83 $274.25 $1,323.57 $36,795.18 13 15- Jun -94 $1,597.83 $264.25 $1,333.58 $35,320.00 14 15- Jul -94 $1,597.83 $254.16 $1,343.66 $33,839.91 =15 15- Aug -94 $1,597.83 $244.00 $1,353.82 $32,354.88 16 15- Sep -94 $1,597.83 $233.77 $1,364.06 $30,864.90 17 15- Oct -94 $1,597.83 $223.46 $1,374.37 $29,369.96 18 15- Nov -94 $1,597.83 $213.06 $1,384.76 $27,870.03 19 15- Dec -94 $1,597.83 $202.59 $1,395.23 $26,365.10 20 15- Jan -95 $1,597.83 $192.04 $1,405.78 $24,855.16 21 15- Feb -95 $1,597.83 $181.42 $1,416.41 $23,340.18 22 15- Mar -95 $1,597.83 $170.71 $1,427.12 $21,820.15 23 15- Apr -95 $1,597.83 $159.92 $1,437.91 $20,295.06 24 15- May -95 $1,597.83 $149.04 $1,448.78 $18,764.88 25 15- Jun -95 $1,597.83 $138.09 $1,459.74 $17,229.60 26 15- Jul -95 $1,597.83 $127.05 $1,470.77 $15,689.21 27 15- Aug -95 $1,597.83 $115.93 $1,481.89 $14,143.68 28 15- Sep -95 $1,597.83 $104.73 $1,493.10 $12,593.00 29 15- Oct -95 $1,597.83 $93.44 $1,504.39 $11,037.14 30 15- Nov -95 $1,597.83 $82.07 $1,515.76 $9,476.11 31 15- Dec -95 $1,597.83 $70.61 $1,527.22 $7,909.87 32 15- Jan -96 $1,597.83 $59.06 $1,538.77 $6,338.40 33 15- Feb -96 $1,597.83 $47.42 $1,550.40 $4,761.70 34 15- Mar -96 $1,597.83 $35.70 $1,562.13 $3,179.75 5 15- Apr -96 $1,597.83 $23.89 $1,573.94 $1,592.52 6 15- May -96 $1,597.83 $11.99 $1,585.84 $0.00 EXHIBIT C CERTIFICATE OF ACCEPTANCE RE: Lease With O tion to Purchase Agreement dated as of April 19, 1993, between Kansas State Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee) 1, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the governing body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Agreement. I hereby certify that: 1. The Equipment described on Exhibit A has been delivered and installed in accordance with Lessee's specifications. 2. Lessee has conducted such inspection and /or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee has obtained insurance coverage as required under Article V of the Agreement from an insurer qualified to do business in the State. 4. During the term of the Agreement, the Equipment will be used for essential governmental functions. Such functions are: 5. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 6. The governing body of Lessee has approved the authorization, execution and delivery of this Agreement on its behalf by the authorized representative of Lessee who signed the Agreement. Dated ' 19 BY: TITLE: 1\ - EXHIBIT D OPINION OF COUNSEL (Current Date) (TO BE RE -TYPED ON LETTERHEAD) Kansas State Bank 1010 Westloop Place Manhattan, Kansas 66502 Gentlemen: Re: Lease With Option To Purchase Agreement dated a f Aril P g s o p 19. 1993 between Kansas State Bank (Lessor) and The Economic Development Au thori f B . ( ) o 0o vn Center Lessee -P n' ( Lessee). As counsel to Lessee I have reviewed the Lease With Option To Purchase Agreement dated April 19, 1993 Based on my knowledge as counsel for Lessee, and upon my review of the Agreement, I am of the opinion that: 1. Lessee is a economic development authority and 95% of the proceeds of this lease are to be used to purchase a fire truck, pursuant to Section 150(e)(1) of the Internal Revenue Code of 1986. 2. Lessee is authorized and has power under applicable law to enter into the Lease Agreement, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreement has been duly authorized, approved, executed and delivered by and on behalf of Lessee. The Agreement is a legal, valid and binding contract of Lessee enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval and execution of the Agreement has been performed in accordance with all applicable open meeting, public bidding and all other laws, rules and regulations of the State. 5. The execution of the Agreement and the appropriation of monies to pay the Rental Payments coming due under the Lease do not result in the violation of any constitutional or other statutory laws of the State. 6. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the authority of the Lessee or any of the Lessee's officers or employees to enter into the Agreement. Signature of Counsel EXHIBIT E LESSEE RESOLUTION RE: Lease With Option to Purchase Agreement dated as of April 19. 1993 between Kansas State Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee) I, the undersigned, the duly qualified and acting (Secretary, Board Chairman or other authorized Governing Body Member of ssee o hereby certify as follows: 1. The Governing Body of Lessee at either a regular or special meeting held on has approved and authorized the execution and delivery of the Lease With Option to rc ase Agreement dated as of April 19, 1993 between The Economic Development Authority of Brooklyn Center (Lessee) and Kansas State Bank of Manhattan (Lessor) on its behalf by the following named representative of the Lessee who presently and at the time of the authorization holds the office stated in the title: Name: Title: 2. Designation Requirements. The Governing Body of Lessee specifically designates this Agreement as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986 as amended from time to time. In compliance with Section 265(b)(3)(D) of the Code, the Lessee hereby represents that it will not designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which this Agreement is executed as such "qualified tax- exempt obligations." 3. Issuance Limitation. Including this Agreement, the Governing Body of Lessee represents that it reasonably anticipates not to issue in the calendar year during which this Agreement is executed obligations bearing interest exempt from federal income taxation under Section 103 of the code in an amount greater that $10,000,000. By: Title: ECONOMIC DEVELOPMENT AUTHORITY Council Meeting Date REQUEST FOR COUNCIL ACTION Agenda Item Number * * * * * * * * * * * * * * * ** 4 G ITEM DECRIPTION: RESOLUTION ESTABLISHING PROJECT 8900 IN THE EARLE BROWN HERITAGE CENTER FUND FOR CATERING EQUIPMENT AND SMALL WARES IN ACCORDANCE WITH THE CATERING CONTRACT WITH D'AMICO & PARTNERS HOSPITALITY CONSULTANTS, INC. ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPARTMENT APPROVAL C -�2 LAP - k a^4441 Charles Hansen, Finance Director MANAGER "S REV RE No comm s to supplement this report Comment below /attached ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION (supplemental sheets attached) Presently, the Earle Brown Heritage Center needs to purchase catering equipment and small wares to comply with the provisions of its contract • with the new caterer, D'Amico & Partners Hospitality Consultants, Inc.. A detail list of items delivered is attached and totals $50,572.44. The catering equipment and small wares will replace the items previously provided by Atrium. Staff proposes to finance the purchase with a three year loan from the Investment Trust Fund bearing an interest rate of seven percent. RECOMMENDED COUNCIL ACTION: Passage of the attached resolution. EXHIBIT A DESCRIPTION OF EQUIPMENT 4 Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Quanti Item Numbers IteTn Unit Price ' Extended Box Flete Hunter Green 300 Snap Drape Skirting 300 Ft. $7.59(Ft.) $2,277.00 800 1018 Plate Covers $6.59 $5,272.00 72 L97000 Carafes, 1 liter $3.03 $218.16 24 L795 Carafes, 1 liter $4.28 $102.72 130 Vollrath Glass Racks $22.00 $2,860.00 98266 Tray Jacks $17.95 $538.30 Halco Bread Baskets $2.75 $165.00 1 BC235 Bussing Cart $250.00 $250.00 2 98270 Carving Station, Heat La-m _ $115.00 S230.00 616 80348 B &B Knives $1.50 $924.00 36 /dz. Cardinal 3071086 Futed Glass $18,98 $683.28 68 /dz. Cardinal 3071080 Sovoie Glass $25.18 $1,712.24 84 /dz. Cardinal 8071083 - Goblet Glass $18.98 $1,594.32 160 /ea. Vollwrath'( .. ' .. ) Coffee Server $12.88 $2,060.80 12 /ea. 12 /ea . Lancaster 0213 Stacking Rocks $78.28 $1,017.64 . Lockwood RA70ER24E Bun Pan Rack $187.53 $2,250.36 25/3oz. Libby 15427 Glass Plates $51.00 $2,295.00 5 /loz. Libby 15201 Stacking Glass dugs $12.34 $303.50 800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00 1250 /ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50 800 /ea. 901608 9 oz. Versalles Tea Cup $4.05 $3,240.00 350 /ea. 900010 Cup Versalles Large $2.25 $787.50 160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00 160 /ea. 901111 Cylinder Versalles Salt/P $5.40 $964.00 16 0/ea• 900149 Pitcher 4oz. $2.70 $432.00 1608 /ea. Tango Dinner Knife $2.06 $3,216.00 1608 /ea. Tango Dinner Fork $.q0 $1,447.20. 804 /ea. Tango Salad Fork $ $683.40 806 /ea. Tango Soup Spoon 804 /ea. Tango Teaspoon $.85 $260.10 g /ea. 40 Tango Butter SprQader $1620 $255.60 TOTAL FREIGHT Tango Ouantity Item Numbers Item Unit Price Extended 300 188A26X /ea. Pan Sheet Full Size 18x26 $5.45 $1,635.00 1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6.03 1 4616 /ea. Collander Alum 16gt. $42.92 $42.92 4 5264/ea. Measurer Alum 4qt. $13.24 $52.96 6 5327/ea. Pan Cupcake Alum 24 cup $38.73 $232.38 6 1906 /ea. Scraper - Plate /Bwl 16.5" $1.88 $11.28 1 2884 /ea. Scoop -Utl Clr Carbx 320z. $3.92 $3.92 3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91 4 5286 -8 /ea. Turner Cake 8X3 Sanisaf $11.13 $44.52 2 S14710SC Slicer Break 10" SC SSAF $9.77 $19.54 6 6519/ea. Knife- Paring 3.25" C,.PPT $3.81 $22.86 1 6501 -8 Spatula Semifix 8xl BLD $6.53 $6.53 6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28 1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16 4 430 -2 /ea. Brush - Pastry Nylon 2" $3.05 $12.20 1 2841/ea. Brushwire w /Scraper $2.34 $2.34 6 1529C /ea. Box -Tote 15x2lx5 Gray $3,37 $20.22 12 1524C /ea. Box Cultry 4CP 15x2lx4 GRA $4,02 $48.24 6 3022 -2 /ea. Pan-Fd ss Half sz 2.5DP $7.43 $44.58 6 3024 -2 /ea. Pan-Fd ss Half sz 4 "DP $10.43 $62.58 6 3034 -2 /ea. Pan -Fd ss Third sz 4 "DP $9.78 $58.68 6 3064 -2 /ea. Pan-Fd ss Sixth sz 4 "DP $6.07 $36.42 2 46793/ea. Spoon Solid ss 13" $1.94 $3.88 3 46976/ea. Spoon Slotted ss 13" $1,94 $5.82 4" 46908 /ea. Ladle, ss 8oz. $3.52 $14.08 6 47113/ea. Tong -Util Hinged ss 12" $1.73��:6 6 0-9s /set Pastry Tubes -Star 0 -9 $ 5 : 6 0-9s /set Pastry Tubes -Star 0 -9 $26.44 1 334C /ea. Pastry Decorating Set $3.05 :$3.05 6 3418/ea. Bag- Pastry Nylon 12x18 $5.91 $35.46 4 173724 /P.a. Board -Cut Plst 18x24x5 $18.58 $74.32 1 6304 /ea., Spoons- Measure ss Set /4 $1.14 $1.14 6 10317 /.ea. Graze -Icing W R 18x26xl $15.33 $91.98 1 21 /ea.. Slicer -Egg 2 -Way $3.73 $3.73 8 $2.87 22.96 $ 1087 /ea. Cylinder Sliver Wht Nyl . 6 22SFSCW /ea. 22 q $ 13 3 7 $80.34 Container $ 6 SPC12 /ea. 12, 18 & 22 qt. Lids $1.78 $10.50 Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO: RESOLUTION ESTABLISHING PROJECT 8900 IN THE EARLE BROWN HERITAGE CENTER FUND FOR CATERING EQUIPMENT AND SMALL WARES IN ACCORDANCE WITH THE CONTRACT WITH D'AMICO & PARTNERS HOSPITALITY CONSULTANTS, INC. ----------------------------------------------------- WHEREAS, the Earle Brown Heritage Center has entered into a new catering contract with D'Amico & Partners Hospitality Consultants, Inc., which calls for the Heritage Center to purchase its own catering equipment and small wares; and WHEREAS, the cost for the catering equipment and small wares is $ $50,572.44; and WHEREAS, Council Resolution authorizes the Earle Brown Heritage Center Fund to borrow funds from the City's Investment Trust Fund for this purchase. NOW, THEREFORE BE IT RESOLVED by the Economic Development Authority , that: 1. The purchase of the catering equipment and small wares 0 is approved at a cost of $50,572.44. 2. All costs of the project shall be charged to the Earle Brown Heritage Center Fund. 3. The Investment Trust Fund will provide financing as described in the City Council Resolution authorizing the loan to the Earle Brown Heritage Center Fund. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by commissioner , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.