HomeMy WebLinkAboutResolution No. 1986-11MICROFILMED AUG 87
RESOLUTION NO. 86 -11
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO AN AGREEMENT WITH THE
FIRST BANKERS FOR THE ISSUANCE OF A VISA
CREDIT CARD; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The Mayor and the City Clerk are hereby
authorized to enter into an agreement with The First Bankers for
*with a maximum credit limit of $1,000.
the issuance of a Visa Credit Card./ A copy of said agreement is
1W attached hereto and made a part hereof by reference.
SECTION 2. The authorized signatures on the Visa Credit
Card shall be: the present council members, the Mayor, the City
Manager, and the City Clerk.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18th day of February , 1986.
Mayor
ATTEST:
ty ;Clerk
srn t'u1) WC- $
Approved as to Form:
City A rney
*Amended on 2 -18 -86
NAME
YES
NO
FISCHETTI
LEE
x
MARCHETTI
X
L rHr�1
Jr tiaFCT -ER
X IC
I
e
0
Guaranty Agreement
VIC:RC)RNED AM, A7
GUARANTY given by the undersigned, hereuiatter called the "Guarantors," to induce the
THE FIRST BANKERS, N.A.
hereinafter called the "Lender," to extend credit to or otherwise become the creditor of
CITY OF CAPE CANAVERAL
hereinafter called the "Borrower"
In consideration of the foregoing, it is agreed
1 OBLIGATION OF GUARANTORS The Guarantors, jointly and severally, guarantee to the Lender, its successors and
assigns, the prompt payment to the Lender at maturity of any and every obligation, in connection with which either as maker,
drawer, guarantor or indorser, or otherwise, whether directly or contingently, the Borrower is or shall become liable to the
Lender, with Interest thereon, together with all attorney's fees, costs and expenses of collection Incurred by the Lender, in
connection with any matter covered by this Guaranty
2 TERM OF GUARANTY The joint and several liability of the Guarantors shall continue until payment is made of every
obligation of the Borrower now due or hereafter to become due, and until payment is made of any loss or damage incurred by
the Lender with respect to any matter covered by this Guaranty, or, in the alternative, until the Lender shall receive written
notice, by registered mad signed by the Guarantors, cancelling this Guaranty, but such cancellation shall not affect the liability
of the Guarantors jointly and severallly on any transactions covered by this Guaranty up to the time of the actual receipt by
the Lender of such notice of cancellation
3 CONSENT To LENDER's ACTS The Guarantors jointly and severally consent, without affecting the Guarantors'
liability to the Lender hereunder, that the Lender may at any time and from time to time, without notice to or consent of the
Guarantors, upon such terms as it may deem advisable (a) extend, in whole or in part, by renewal or otherwise, the time
of payment of any indebtedness owing by the Borrower to the Lender, or held by the Lender as security for any such obli-
gation; (b) release, surrender, exchange, modify, impair, or extend the period of duration, or the time for performance or
payment, of any collateral securing any obligation of the Borrower to the Lender, and (c) settle or compromise any claim
of the Lender against the Borrower, or against any other person, firm or corporation, whose obligation is held by the Lender
as collateral security for any obligation of the Borrower to the Lender The Guarantors jointly and severally hereby ratify
and confirm any such extension, renewal, release, surrender, exchange, modification, impairment, settlement, or compromise,
and all such actions shall be binding upon the guarantors jointly and severally, who hereby waive all defenses, counterclaims,
or offsets which the Guarantors jointly and severally might have by reason thereof
4 WAIVER BY GUARANTORS The Guarantors jointly and severally waive (a) notice of acceptance of this Guaranty by
the Lender, (b) notice of presentment, demand for payment, or protest of any of the Borrower's obligations, or the obligation
of any person, firm, or corporation, held by the Lender as collateral security for the Borrower's obligation, (c) notice of the
failure of any person, firm, or corporation to pay to the Lender any indebtedness held by the Lender as collateral security for
any obligation of the Borrower, and (d) all defenses, offsets, and counterclaims which the Guatantors may at any time have
to any claim of the Lender against the Borrower
5 REPRESENTATIONS BY GUARANTORS. The Guarantors jointly and severally represent that, at the time of the execution
and delivery of this Guaranty, nothing exists to impair the effectiveness of the liability of the Guarantors to the Lender here-
under, or the immediate taking effect of this Guaranty as the sole agreement between the Guarantors and the Lender with
respect to guaranteeing the Borrower's obligation to the Lender
6 REMEDY OF LENDER The Lender may at its option proceed in the first instance against the Guarantors, jointly,
and severally, to collect any obligation covered by this Guaranty, without first proceeding against the Borrower, or any other
person, firm or corporation, and without first resorting to any property at any time held by the Lender as collateral security
7 MODIFICATION OF AGREEMENT The whole of this Guaranty is herein set forth, and there is no verbal or other
written agreement, and no understanding or custom affecting the terms hereof This Guaranty can be modified only by a written
instrument signed by the party to be charged therewith
H CONSTRUCTION AND BENEFIT This Guaranty is delivered and made in, and shall be construed pursuant to the laws
of, the State of Florida, and is binding jointly and severally upon the Guarantors and their legal representatives, and shall
inure to the benefit of the Lender, its successors and assigns
IN WITNESS WHEREOF, the Guarantors have each signed this agreement on the 18 th day of
February A D 19 86.
[SEAL 1
or
Signed, Sealed and Delivered
in the presence of - p C Clerk [sEAL)
'
80 00607 Rev 6/82
FIRST BAIILUS CREDIT CARD ACRE.tUNT MR OWANY CUARCE ACCOUNTS
DATE Fdimlry X18 19 86
Tot
planes opea one First Bankers Credit Cord �ccount • in the name of
and issue cards '�"W .
WFOAMM. at a application In accepted and the Cards Issued. we accept
full responsibility and promise to pay all charges incurred by use of such
Cords. W further agree to the terms of and conditions accompanying the
Cord" and sales drafts executed therewith except that all amounts outstanding
on the monthly Credit Card statements are due and payable in full within
thirty days of the closing data. The billing instructions an ms followsl
1: Send all statements LoitYy r,.,., rn..e....,..,.
or wad the statements direct to the cardholders u follow
11ANE ADDRESS (If Individual Is to
Us billed directly. list address.
otherwise put "Company. ")
1. Patrick T 1.ee C -
3. Jerry Fischatti Canq -W
3. Mi&-1 Marchetti —
a. S Nirhnl r.,nn�m
6. Frederick. C. NuttCanFavly
7. Janet S. Leaser CmPany
planes rater all tapuirita to
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