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R-86-540 ;r{~_'~~~·.~7~~~~~}(" ;' ~:,,_?~:~~~;~,..~~::~<,,~~~~~::.~::~~;~~::~;~~;;; .~~< ~.:".~~'<, "~' .::':'.>:; ,;.(~.. ~ ":.:^'. - .' l. .,.."" ..' ';':',. .;r::;'-'/:;::'¡;RESÓLÛTI01~fl\10~?"5;4·O";". .... ':' . ,:,;j:.:_~.. . ,~',.: ",..:'~.-: : ; "'- ;;-::~:~;:/;>·~"'_.",ü·,:~~>,>~ (/. "'}.:./ :., '::~. .~, '. ~ ;.':>':, ) ".,:" P"': 'KH 't- f -~... .4~~ ",~... ~'t~ "\'.~.,. '1 t...~. ò,\-- "".~ ,~.. "", ..t' ~~ ".( '.. -' - ... >~_{:~ n _~¡....->·...;~.:~:~~7--'~...~~:~>:......·:'1·~?,.;::.·..~~ ;..:.:~~."tl,.,..~....~.~o{,--:.\~~-:, i·'~·-~·..~ ~...~::1~\:::· - ... : "' \"." ~~~~,_(. : __. .·~.~~·:.Crg!Rrr·IFn:A'TE.··OJf. ';~Q.RfP.ORA TE ~lESOl(UJìrD(Q)1NI ~:::~f;;,,,)<..:: ~·\·,~~::;A(UJc¡r[Ji.QRrnZ·ING· :'.fUND$ :~TRANSFER' "AGR~~MENiF l:',:~"'>:')'~,:tzJf~~~~!~~j!~!:;~f!~f1~!iå~'?~;;:/~~;L;'.'~'~bV~::~~:': .... .tn~h.;g~f:ihë·Bô~;èf~'oikct(j~.~f¡:t~~ ·.t;urtoiri~~~j1dujJhèld;o~:~· ";Octdbe~·'-i4" '.' ..: , "9 Ji6...~at which a ,.'~, quorum was present;andacting thrót,JQhout,fhefØUowing'r.eSolutio!'ls were a<;iqp.tec;l and have not ~n rescinded, revoked, : . . ~O~.:~cdi,~i~;:~~~\~r.~_~~~.~Z;~~~~~~~:~~~:~~~:,~:~::,!.f;',;~;~:,~~';':~,:J~:·~.:~;t :~k::2t:.};:;r'~:::'·:}:::r ,:, ". ',.; , ~~.;,' : .."<. , ,; ';'" :' .,WHEREAS, ,from 'time"Ù)tifÝìe'; ttijš'côipôrationJì~CUstom'er") wisheš:iòrëqùeSt Sun BankG"~ -'CJ..erman,t ::', ("Bank·~.)·bv~wrjtten :i¡'StnActio.n,.~ ';t~lephþnè; :\o(,tern:oina.1 c6mmunicatiqn devi~ì·tO;transfer funds to other financial . 'i~sti~tionsor to. o~er, àccou~~at~ai1.~, Jorë~dit :tô~unts .'designaJed .bV t~~ ~uthoriz~ ·represe~tatives. of Customer;· . )l:--·.~,: :::!;' .' ..<. .;'. '; . .;:,' ", ,~:.:.:~~ r;':·:"'"'"1'':":.r~... ~':~;'. ,~';;.~~,'" ~:..~ - ~ ...~~~ ..{t~, . ~~~·r-::'..:<¡·:;' ';'I~'~":'\ ;:~;:~,.. -~:,._~, .. "'/":":. .~:~ '. " ',"; -' .~·á : ,'. ,.'::¿'.~ ::- ~ ::. ... , -'. . i\10W;.THERE.FORf::,BE 81'''RESÓLVED,-thatÐn'v(o~QU_f"ofêtiu(officë'rS: jstedbelow' (is) '8m> hereby authorized "., :to e)(ecute :theFunds'TranSfer"Agreemerit·attached herê!o'oñ behalfofCustomer"withBankuponthe terms and condi- \ tions set forth in sai~ agreement, ,.and to appoint persons, f~om .time to:time, 'who may request s,uch transfers on behalf of' the Customer .in aècordanœ wi,th"such ai;¡reement,.and tl) revoke such appointments; ;:;"::;' :;:<" .... '. '. (~, :;G~~:,::.~;.;.. f,. ,.' '~f~':>;': ~..' '::'~'~?'h~:; \i~\~~:;:·':¡~E1t;::';~;:~~::<~/·::':;J';i;ttf;tð¡:·~~::~tðš~··:... '.:;;,:;~, \~'~':'): :...,: ':':'~'~';<" .,. t\5fi ':-:: .,. ·,·t/~·::"t:J·:·t.h:.,TH'is'BPliì~}:HEë~EP,;T~·E Åí)r:~dRàY,GRÅi'rrEQ:.·HEREBY:ls\li"iÌ_TED 'TO THE :(j{(...~ .,;:~,~.. :'y~:;r'??:~X~~~tt:~~;if:1;1~B:~~~~:'¡,\¡i$b:~t~0j~1:~fJS ;';'",.' ,'~~" .':, " . . . ~<.' . :'. ;: . :-:--. '~'F'uÅTHER -RESOI,VED, 'that the äuthority oonfè'rred hereby shall cóntinüe ;in fùll force and. effeét until written notice. (~Ü:.;'~,;.:=.J ',' 'ôf modification or . rèv()Cationof this resolution by thèBoard-of Directors of:Customer shàll be received by the Funds ¡-"-;<:~:'::...-' " Trahsfer Department' of the Bank.. The cBank shall'be ,protectéº .in 'acting 'l,Jpo'n ~nyform of .writtennotice which it in 'ô:":'>'\; ", ';gocdf~ith believeqo,be'genuineand what itpurports't~ b~."· , :;~~':";;:\:'~'::':-'::'.: .~;. < .': .. . ~i ~~.,""" ,->. ~":i'1-~ . - ,:,.' . ,-. '.,?-t;. . .,:' _ -'..~_ - , . ". - ;::._. _. : .<'=~.::" .;. ,'.. "',: :,:, :" ....... -~ :', :, .or ¡.-~, :,: ',~:_', ~!>" ~: .:-'~~ - y.~/: _":,,' -.::~;,.- <-/'-,'~ .",,,,·'t..:,.~ . ~ . . .. :-.' . ':ç~"'_ . ~.:- .1 furth~r certify that' the pòsitions referred' to In t!\eforegoing' resolution are now held by the following person(s), whose . ,:. ;r:~,>;c;'< .~signature(s) appears oppositehis/her.name and. title:';., " ; .'-:'" '.~ ":'>'.> .">'.~' J..';... ; . '. ~':'"~,s,')~l;~Ps:~£~~~:fi~:~na~fii:~t;:';c" "':;2Jê7Ä~~"" . .'.: .... ~'~..': .. "\~:·~':;··.;}i;·;~;0:··:-' .'. ;. ....~..:: ~::~'!(::~::::;:~:··;:::~>:·'·r~L~!;':>:··,:·.,:.~·:··'~" ,~' ,~~ . . >. ._.,.-,i,....~.~;:~,:.t.\..,!.:>~.;.j.:..:...:.. ~",: :.;~..:,..<. .~.:,.: )rv~.,~a0 a,.~,!itl~ ;~.' ';: , . _ ~{;~ß ; . ;. ',:" :.::AuthorizedSignatur.e " '-~ " . 4·.. .. \ - ~ ~ J ' ..... .' ...._.'. ..'1:.'.'¡:_... ..:':....' ';" ;, ¡,:;.¡: .. ; -' ~. ~ ~': ~.~' ~ \µ~":;: ~ .~.~~ . , " -. .' :.., .~ . ',' . . . :~r .: ~ ~::~.~:~.;:.; ~:~~:.- ;~:':"."";J:~~.':)':' .J\\! ·WITN~S$'W~ÉÀÈÓ~::~·~â~\~~nt~'·~~~'Ii~d'~~~:~~e·~~; ¿f' ~~i~Ù:(~r~~~:;¡~n' t~i~ '. :.' ilSth ',' ..- ·i. '/ .' . .. '" '.¡-.' ,'r., .' n" ". ..",., ..... ,-=.:j;.' ~ ..'" :' ~ . ..'\. ~.':,.. ",' . .", ,,' '.. .-"- .... . '.",. . ~ .:. .'. ,,' IPf;'::' :·.};;:'~tJ .. . ., . .. ,... \" .~.~ ~ .. . ~.... -- ~~~ ^~.~~~ , e _ 4 City of Clermont 'RESO°~L7T NO. 539 Pooled Cas 1972 Refu CORPORATE DEPOSIT ACCOUNT RESOLUTION 1980 Reve SUN BANK, NATIONAL ASSOCIATION (Bank Name) 7 6 Reve I, the undersigned, hereby certify to said Bank that 1 am the duly elected Secretary of C 1 ty O f C 1 ermont located at P • O. Box 219 , Clermont citi; Florida State. a corporation duly organ¢ed and existing under the laws of the State of F 1 O r 1 d a ;that the following is a true and correct copy of resolutions adopted by the board of directors of card corporation at a meeting duly held on the 14th day of October , g 8 6 ;that said meeting was called and held pursuant to law at which a quorum was present; and that sard resolutions are in full force and effect and have not been rescinded or modified RESOLVED That sard Bank is hereby designated as a depository of this corporation, and that checking andior savings accounts be opened and maintained in the name o1 this corporation with the sard Bank; that C lty O f C 1 ermont of the tolbwing officers of this corporation. President, Vice•President. Secretary, Assistant Secretary, Treasurer, Assrstant Treasurer, is'are authonzed on behalf of this corporation and in its name to sign checks, drafts, notes, bills of exchange, acceptances or other orders for the payment of money Irom sard accounts; to endorse checks, notes, bills, certificates of deposit, or other instruments owned or held by this corporation for deposit in said accounts or for collection or discount by sard Bank; to accept drafts, acceptances and other instruments payable at said Bank; to wave demand, protest and notice of protest or dishonor of any check, note. bill, draft or other instrument made, drawn or endorsed by this corporation; and FURTHER RESOLVED, that said Bank be and it hereby is authonzed to honor, receive, certify, or pay all instruments signed rn accordance with the foregoing resolution even though drawn or endorsed to the order of any officer signing the same or tendered for cashing, or in payment of the mdiwdual obligation of such officer, or for deposit [o his personal account. and said Bank shall not be regwred, or be under any obligation to inquire as to the circumstances of the issuance, or use of any instrument signed in accordance with the foregoing resolution. or the application. or disposroon of such instrument, or the proceeds thereof; and FURTHER RESOLVED, that the Secretary for any other officer of this corporation) shall certify to said Bank the names of the presently duly elected and qualified officers o1 this corporation and shall from time to time hereafter as changes in the personnel of said officers are made immediately certify such changes to the Bank, and said Bank shall be fully protected rn relying on such certihcations and shall t>e indemrohed and saved harmless from any claims, demands, expenses, loss, or damage resulting from, or growing out of, hononng the sgnature of anv officer so certified, or refusing to honor any signature not so certifed, and FURTHER RESOWED, that the foregoing resolutions shall remain in full force and effect until express written notice of their prospective amendment or rescission shall have been furn~sned to and received by said Bank, and that receipt of such notice shall not affect any action taken by the Bank prior thereto; and FURTHER RESOLVED, that the Secretary be, and he hereby is authorized and directed to certify to said Bank the foregoing resolutions and that the provisions thereof are in conformity with the Charter and By-laws of this corporation and that said Resolutions are rn full force and effect and have not been rescinded or modified I further certify that there is no provision in the Charter or ey-laws of said corporation limiting the power of the Board of Directors to pass the foregoing resolutions; that the same are in conformity with the provisions of said Charter and By-laws. and that I am the custodian of the minutes of said Board of Directors. I further certify that the following are the r ames and official signatures of the duly elected, qualified and ailing officers of said corporation and that the corporate seal impressed hereon is the true corporate seal of said corporation NAME Ma or ~~ ,Robert A. Pool M~~P~ro Tem Harold Turville ~oun~c~il~Member Richard L. Huff Council Member Ann Dupee ~GdEl~~yx C~u~n~ci~mber Lester Cole Treasurer Assistant Treasurer IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary and affixed the seal of saitl corporation, pursuant to due and lawful corporate authority this 15th the day of (Corporate Seal) October .,s 86 Van Zile / Secretary 4-3301-000-6 REV 2'BS . .,. _ ~'4 ¢,' l %F~ "r ~~2 0'h~~~ ,~y j,1`;~ym"4F,r °.V, g ~ f.rij'~ ~ V~ ~ -~ ~~ ~~f0. t~~Gt s _ _ "ATTACHMENT A" ,~..,,,,,,S$ t l~nK FUNDS TRANSFER AGREEMENT The following terms and conditions will apply to the transfer of funds from the accounts} of the Customer at Sun Bank, N.A. - Clermont ("Bank"}, Bank is hereby authorized and directed to: 1. Honor, execute and charge to the account(s) of Customer any and all telephonic, or terminal communication device requests or orders for the transfer of funds, (i) from Custorrrer or, (ii) from an Authorized Representa- tive of Customer as previously provided to Bank in writing. When authorizations and instructions are made in accordance with Bank's procedures set forth belcw, Bank may transfer funds from the account(s) of Customer authorized in Exhibit A, or another document of similar purport, based upon one or more of the following which an authorized representative of Customer has executed and returned to Bank: A. Telephonic instructions as authorized in Exhibit B, or another document of similar purport accepted by Bank, to any account(s) of Customer or to the account(s) of a third party regardless of whether these accounts are with Bank or with another bank or institution. B. $ank's or Customer's determination that a transfer is or has become repetitive, and bank's assignment of a repetitive transfer number to it. Bank will verify the financial institution, account number, and message for such repetitive transfer when assigning it a number, but wilt not re-verify when individual transfers are requested thereafter. C. Predetermined criteria contained in Exhibit C, or another document of similar purport accepted by Bank. D. Requerts initiated by Customer through a terminal communication device after the execution of Exhibit D, or another document of similar purport accepted by Bank. 2. Use its best efforts to provide Customer with prompt written confirmation of completed transfer. Inconsideration therefore, Customer understands and agrees that: 3. 4. 3. 1. Bank shall be liable only for matters arising out of its own gross neg-igence or willful misconduct and that Bank shall have nc liability for any punitive, special, consequential, or incidental damages in connection with transfers governed by this agreement so long as Bank has acted in good faith. 2. Bank will electronically record all telephonic instructions received by its Funds Transfer Department and retain the recordings until the period for Customer notification of discrepancies has expired. Customer must report to Bank's Funds Transfer Department any discrepancies between any Bank confirmation or statement and Customer records within sixty (60) calendar days of the transaction date. The failure of Customer to notify Bank of any discrepancies within that time will relieve Bank of any liability for any funds transfer reflected in the confirmation or statement. -,,.x L+ability for any interest for loss of funds or loss of funds usage will be for a period of up to sixty (60) days from the date of the transaction and will be calculated as the Jesser of (a) the actual sum of interest lost, or (b) interest at a rate not exceeding the average Federal Funds interest rate for the period and amount in question, less t•eserves, computed on a daily basis; such reimbursement may be made either directly to Customer or by adjust- ment of the aggregate ledger and collected balances of Customer's account. Sank shall have no responsibility or liability fnr any inaccuracy, interruption, or delay in transmission, or for .claims occasioned by any circumstance beyond Bank's reasonable control...,,;~,~..__._:.~. __~_.__ 6. Customer assumes full responsibility for all transfers made by Bank in good faith in accordance with these proce- _ lures, end agrees that $ank shall be conclusively deemed to have discharged its duty to act in good faith if it has ..followed the transfer procedures contained in this agreement and its exhibit(s). _ 7. . _ _... ..`Customer will •pay Sank #or_services under these Terms and Conditions in accordance with Bank's faetlt~sgaG~4~ ; . , _ asratxe~e~~fa~~2cte~tax~cta~asfa~eca~ ac~me~aa~ •Cash Management Proposal dated August;22, 19L6.. -~ .$. -Customer anust keep confidential all repetitive transfer numbers; code numbers, and all personal identification numbers (PINS) of Customer and all Authorized Representatives. Bank shall have no liability for losses occasioned by unauthorized access to or use of such numbers. .:. ~ - _ 9, .Bank shall be under Rio abligation to comply with any+transfer.request or make any transfer which would exceed - - the available collected ba{ance of funds on adeposit in .the lustomer's accounu at Bank, as determined by $ank: .. ~ _ ~•~ ,. -,. -r,.-~ .. ... r _ .. ., _ .: .; _ _ _ - --(See Reverse Side) - _ - - - - 1 r j. .... - .. •.. - .- _ x~. a fi vs ~. 1'. 10. Bank may change, add or delete any procedures estalished pursuant to these Terms and Conditions, from time to time, upon notice to Customer, and agrees that any Customer-initiated changes to any Exhibits shall not be effective until they are received and accepted by Bank's Funds Transfer Department. ~ 1. All notices from Customer to Bank under this agreement shall be in writing and shall be considered to have been given when received by the Bank's Funds Transfer Department. Bank shall be protected in acting upon any form of notice which it in good faith believes to be genuine and what it purports to be. These Terms and Conditions .shall fie governed and construed in accordance with the laws of the State of Florida. The accounts with Bank .affected by these Terms and Conditions shall continue to be governed by the other documents issued by Bank for .such accounts as they may be amended from time to time, except to the extent those documents may be inconsistent with this agreement. w• - fXECUTED BY ~~: . __ _ ,.,. - pity of Clermont _ ,- _ Customer Name. . _ .: ... - ~ _ _ ~- . Authorized Signature.. .- , .. _ - City Manager ._ - . . Title; ... _ - -,October 5,, :1986 - 'Date: ., - - _ ~. _ _ - - '_ ~ . _ _ ~ .. .,. ., ~- -- x. _ ar>_ - ~ - ~ _ ~ _e ~ ~ ` ~ a •' - _ '-RECEIVED BY ~~ ,. - - r $ank f3epre sentatrve" - ~ - ff i _ 1. : 3 ~f _ y . ~?- 1 4 fi Y!-. _f t- .`. - t Ic 1 .5 t' ~ ~ y~r i,}' s _ lEi- y _ ~ J, f~.~ S k . 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