HomeMy WebLinkAbout1999-234
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(See Companion Res 98-334)
Resolution No.
1999-234
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING: 1.) THE
AWARD OF A PURCHASE ORDER (UPON THE CITY SECURING FINANCING) "
TO PIERCE MANUFACTURING FOR ONE (1) NEW, 1,500 GPM TRIPLE
COMBINATION PUMPER IN THE AMOUNT OF $281,880; AND, 2.) THE
PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE QUOTES UNDER
EXISTING MASTER LEASE AGREEMENTS AND TO AWARD A LEASE-
PURCHASE AGREEMENT TO THE LOWEST RESPONSIBLE LEASE COMPANY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor and Common Council authorize the Purchasing
Manager to issue a purchase order to Pierce Manufacturing in an amount not to exceed $281,880
for the purchase of one (1) Pierce 1500 GPM Triple Combination Pumper.
SECTION 2. That the Mayor and Common Council authorize the Purchasing Manager
to solicit competitive rate quotes under a competitively bid lease purchase agreement, and to award
a contract to the lowest responsible bidder for the financing of one (1) Pierce 1500 GPM Triple
Combination Pumper.
I I I I I
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September 9, 1999
.'
1999-234
,"
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING: 1.) THE
2 AWARD OF A PURCHASE ORDER (UPON THE CITY SECURING FINANCING TO
PIERCE MANUFACTURING FOR ONE (1) NEW, 1,500 GPM TRIPLE
3 COMBINATION PUMPER IN THE AMOUNT OF $281,880; AND, 2.) THE
PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE QUOTES UNDER
4 EXISTING MASTER LEASE AGREEMENTS AND TO AWARD A LEASE PURCHASE
AGREEMENT TO THE LOWEST RESPONSIBLE LEASE COMPANY.
5
6
7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
I HEREBY CERTIFY that the forgoing resolution was duly adopted by the Mayor and
8 the
20th
day of Septembe'i 1999, by the following vote, to wit:
9 Councilmembers Ayes Nays Abstain Absent
10 ESTRADA x
11 x
LIEN
12
MCGINNIS x
13
SCHNETZ x
14
15 VACANT - 5th Ward
16 ANDERSON
17 ILLER
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19
x
x
q"^Ad C0u,J'.../
City Clerk
20
The foregoing resolution is hereby approved this
. day of
21 September ,1999.
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eptember 9,1999 2
Companion Resolutions - Res 98-334 & Res 1999-234
Bane One Leasing Corporation
1111 Polaris Parkway
Suite A 3
Columbus OR fl~4.Q,~ '.' " .
.., I '.... : ~. ' :
Tel 800 334 5422
-
BANKSONE.
September 29, 1999
S9 OCT J 4 . r.:,~ I': '11,
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Rita Shirley-West
CITY OF SAN BERNARDINO
300 North D Street
San Bernadino, CA 92418
Re: Account # 1000099253
Dear Rita Shirley-West:
Thank you for choosing Banc One Leasing Corporation to assist with your recent equipment acquisition.
We appreciate this opportunity to be of service. and look forward to helping you meet your cun-ent and
future financing needs.
Enclosed is a copy of your contract and related transaction documents, W e h~.ve also provided a card
,vith Ollr mailing and remittance addresses, as wcll as our customer service number. In addition. you wili
find a handy guide, Understanding Your Banc One Leasing Corporation Invoice.
If you have any questions about these materials, please contact us at 1-800-678-2601. Our customer
service hours are 8:30 a,m, until 7:00 p.m" EST, Monday through Friday, and we would be delighted 10
assist you.
S incerel y.
/ Ml.WLi.lc U.JU\CUJ.e,i{(D
Robert Oberlander
Customer Service Manager
..
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C9mpanion Resolutions - Res 98-334 & Res 1999-234
MASTER LEASE-PURCHASE AGREEMENT
Dated as of 09/24/99
This Master Lease-Purchase Agreement together with all addenda, riders and attachments hereto, as the same may from
time to time be amended, modified or supplemented ("Master Lease") is made and entered by and between Banc One Leasing
Corporation ("Lessor') and the lessee identified below ("Lessee").
LESSEE: City of San Bernardino
1. LEASE OF EQUIPMENT, Subject to the terms and conditions of this Master Lease, Lessor agrees to lease to Lessee, and
Lessee agrees to lease from Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor.
2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular and plural form of such terms.
(a) "Schedule" means each Lease Schedule signed and delivered by Lessee and Lessor, together with all addenda, riders,
attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplernented. Lessee
and Lessor agree that each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the terms and
conditions of the Master Lease. (b) "Lease" means each Schedule and this Master Lease as incorporated into said Schedule. (c)
"Equipmenf' means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs,
improvements, replacements and substitutions thereto. (d) "Lien" means any security interest, lien, mortgage, pledge,
encumbrance, judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of
any person,_
3. LEASE TERM. The term of the lease of the Equipment described in each Lease ("Lease Term") commences on the first date
any of such Equipment is accepted by Lessee pursuant to Section 5 hereof and, unless earlier terminated as expressly provided in
the Lease, continues until Lessee's payment and performance in full of all of Lessee's obligations under the Lease.
4. RENT PAYMENTS.
4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at the times as set forth in the
Payment Schedule attached to the Schedule ("Rent Payments"). A portion of each Rent Payment is paid as and represents the
payment of interest as set forth in the Payment Schedule. Rent Payments will be payable for the Lease Term in US. dollars, without
notice or demand at the office of Lessor (or such other place as Lessor may designate from time to time in writing).
4.2 If Lessor receives any payment from Lessee later than ten (10) days from the due date, Lessee shall pay Lessor on
demand as a late charge five per cent (51)/1)) of such overdue amount, limited, however, to the maximum amount allowed by law.
4.3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6 HEREOF OR IN ANY WRITTEN MODIFICATION TO THE
LEASE SIGNED BY LESSOR, THE OBLIGATION TO PAY RENT PAYMENTS UNDER EACH LEASE SHALL BE ABSOLUTE
AND UNCONDITIONAL IN ALL EVENTS AND SHALL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM,
ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER.
5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS.
5.1 Lessee shall arrange for the transportation, delivery and installation of all Equipment to the location specified in the
Schedule ("Location") by Equipment suppliers ("Suppliers") selected by Lessee. Lessee shall pay all costs related thereto unless
Lessor otherwise agrees to pay such costs as stated in the Schedule
5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee shall evidence its
acceptance of any Equipment by signing and delivering to Lessor the applicable Schedule. If Lessee signs and delivers a Schedule
and if all Funding Conditions have been satisfied in full, then Lessor will payor cause to be paid the costs of such Equipment as
stated in the Schedule ("Purchase Price") to the applicable Supplier
5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions established by Lessor
("Funding Conditions") have been satisfied, including, without limitation, the following: (al Lessee has signed and delivered the
Schedule and its Payment Schedule; (b) no Event of Default shall have occurred and be continuing; (c) no material adverse change
shall have occurred in the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder
ESCFRCT 01 (4/26/96)
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(collectively, the "Code"); (d) no material adverse change shall have occurred in the financial condition of Lessee or any Supplier; (e)
the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except Lessor's Liens); (f) all representations
of Lessee in the Lease remain true, accurate and complete; and (g} Lessor has received all of the following documents, which shall
be reasonably satisfactory, jn form and substance, to Lessor: (1) evidence of insurance coverage required by the Lease, (2) an
opinion of Lessee's counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code (UCC) financing
statements; (5) copies of resolutions by Lessee's governing body authorizing the Lease and incumbency certificates for the
person(s) who will sign the Lease: (6) such documents and certificates relating to the tax-exempt interest payable under the Lease
(including, without limitation, IRS Form 8038G or 8038GC) as Lessor may request; and (7) such other documents and information
previously identified by Lessor or otherwise reasonably requested by Lessor
6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS.
6.1 For each Lease, Lessee represents and warrants: that it has appropriated and bUdgeted the necessary funds to make
all Rent Payments required pursuant to such Lease for the remainder of the fiscal year in which the Lease Term commences; and
that it intends to make Rent Payments for the full Lease Term as scheduled on the applicable Payment Schedule so long as funds
are appropriated in each fiscal year by its governing bOdy. Lessee reasonably believes that moneys in an amount sufficient to make
all Rent Payments can and will lawfully be appropriated and made available therefor. All Rent Payments shall be payable out of the
general funds of Lessee or out of other funds legally available therefor. Lessor agrees that the Leases will not be general obligations
of Lessee and that the Leases shall not constitute pledges of either the full faith and credit of Lessee or the taxing power of Lessee.
6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments or other payments
due under a Lease and if other funds are not available for such payments, then a "Non-Appropriation Evenr' shall be deemed to
have occurred. If a Non-Appropriation Event occurs, then: (a) Lessee shall give Lessor immediate notice of such Non-Appropriation
Event and provide written evidence of such failure by Lessee's governing bOdy; (b) on the Return Date, Lessee shall return to
Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with
Section 21 hereof: and (c) the affected Lease shall terminate on the Return Date without penalty or expense to Lessee, provided,
that Lessee shall pay all Rent Payments and other amounts payable under the affected Lease for which funds shall have been
appropriated or are otherwise available, provided further, that Lessee shall pay month.to-month rent at the rate set forth in the
affected Lease for each month or part thereof that Lessee fails to fails to return the Equipment under this Section 6.2. "Return Date"
means the last day of the fiscal year for which appropriations were made for the Rent Payments due under a Lease.
6.3 If a Non-Appropriation Event occurs, then, during the twelve month period following the Return Date, Lessee agrees
not to acquire (by purchase, iease or otherwise) replacement equipment which is functionally similar to the Equipment covered by
such terminated Lease, or to appropriate funds for the acquisition of such replacement equipment Notwithstanding the foregoing
of this Section 6.3, the restrictions of this section 6.3 shall automatically and without further action of the parties be ineffective and
be deleted: (a) from any terminated Lease if the net proceeds of the sale of the returned Equipment is sufficient to pay the
Termination Value of the Equipment as of the Return Date; or (b) from any Lease if the application of the restrictions in this section
6.3 would not be permitted by then applicable law or would cause such Lease to be invalid or unenforceable in any materia! respect.
7. LIMITATION ON WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED,
AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OF ANY OF THE EQUIPMENT OR AS TO THE VALUE, DESIGN, CONDITION, USE,
CAPACITY OR DURABILITY OF ANY OF THE EQUIPMENT For and during the Lease Term, Lessor hereby assigns to Lessee
any manufacturer's or Supplier's product warranties, express or implied, applicable to any EqUipment and Lessor authorizes Lessee
to obtaIn the customary services furnished in connection with such warranties at Lessee's sole expense. Lessee agrees that (a) all
Equipment will have been purchased by Lessor in accordance with Lessee's specifications from Suppliers selected by Lessee, (b)
Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c)
Lessor assumes no obligation with respect to any manufacturer's or Supplier's product warranties or guaranties, (d) no
manufacturer or Supplier or any representative of said parties is an agent of Lessor, and (e) any warranty, representation, guaranty
or agreement made by any manufacturer or Supplier or any representative of said parties shaH not be binding upon Lessor.
8. TITLE: SECURITY INTEREST,
8.1 Upon Lessee's acceptance of any Equipment under its Lease, title to the Equipment shall vest In Lessee, subject to
Lessor's security interest therein and all of Lessor's other rights under such Lease including, without limitation, Sections 6, 20 and
21 hereof.
8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first priority security interest In any
and all of the Equipment (now existing or hereafter acquired) and any and all proceeds thereof. Lessee agrees to execute and
deliver to Lessor all necessary documents to evidence and perfect such security Interest, Including, without limitation, uniform
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commercial code (UCC) financing statements and any amendments thereto.
a.3 "Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and payable
under all present and future Leases and to perform and observe all covenants, agreements and conditions (direct or indirect,
absolute or contingent, due or to become due, or existing or hereafter arising) of Lessee under all present and future Leases.
9. PERSONAL PROPERTY. All Equipment is and will remain personal property and wrll not be deemed to be affixed or attached
to real estate or any building thereon.
10. MAINTENANCE AND OPERATION, Lessee agrees it shall, at its sole expense: (a) repair and maintain all Equipment in good
condition and working order and supply and install all replacement parts or other devices when required to so maintain the
Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the
Equipment: and (b) use and operate all Equipment in a careful manner in the normal course of its operations and only for the
purposes for which it was designed in accordance with the manufacturer's warranty requirements, and comply with all laws and
regulations relating to the Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish
Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for any
Equipment will be provided by Lessor. Lessee will not make any aiterations, additions or improvements ("Improvements") to any
Equipment without Lessor's prior written consent unless the Improvements may be readily removed without damage to the
operation, value or utility of such Equipment, but any such Improvements not removed prior to the termination of the applicable
Lease shall automatically become part of the Equipment.
11, LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its permanent base will not be
changed from, the Location without Lessor's prior written consent which will not be unreasonably withheld. Upon reasonabie notice
to Lessee, Lessor may enter the Location or elsewhere during norrnal business hours to inspect the EqUipment.
12. LIENS, SUBLEASES AND TAXES.
12.1 Lessee shall keep all EqUipment free and clear of all Liens except those Liens created under its Lease. Lessee shall
not sublet or lend any Equipment or permit it to be used by anyone other than Lessee or Lessee's employees.
12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any Equipment or its ownership,
leasing, rental, sale, purchase, possession or use, upon any Lease or upon any Rent Payments or any other payments due under
any Lease. If Lessee fails to pay such Taxes when due, Lessor shall have the right, but not the obligation, to pay such Taxes. If
Lessor pays any such Taxes, then Lessee shalt, upon demand, immediately reimburse Lessor therefor. "Taxes" means present and
future taxes, levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether
they are assessed to or payable by Lessee or Lessor, including, without limitation (a) sales, use, excise, licensing, registration, titling,
gross receipts, stamp and personal property taxes, and (b) interest, penalties or fines on any of the foregoing.
13. RISK OF LOSS,
13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equrpment in whole or in part from any
reason whatsoever ("Casualty Loss"). No Casualty Loss to any Equipment shall relieve Lessee from the obligation to make any Rent
Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's
obligations under this Section 13.
13.2 If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall,
unless otherwise directed by Lessor, immediately repair the same.
13.3 If Lessor determines that any Item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"),
then Lessee shall either: (a) immediately replace the Lost Equipment with similar equipment in good repair, condition and working
order free and clear of any Liens (except Lessor's Liens) and deliver to Lessor a bill of sale covering the replacement equipment, in
which event such replacement equipment shall automatically be Equipment under the applicable Lease; or (b) on the next
scheduled Rent Payment date, pay Lessor (I) all amounts owed by Lessee under the applicable Lease, including the Rent Payment
due on such date plus (ii) an amount equal to the applicable Termination Value set forth rn the Payment Schedule to the applicable
Lease. If Lessee is making such payment with respect to less than all of the Equipment under a Lease, then Lessor wiil provide
Lessee with the pro rata amount of the Rent Payment and Termination Value to be paid by Lessee with respect to the Lost
Equipment.
13.4 Lessee shail bear the risk of loss for, shail pay directly, and shall defend against any and all claims, iiabrlities,
proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any
Equipment, including, but not limited to, the possession, ownership, lease, use or operatjon thereof. These obligations of Lessee
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shall survive any expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay fOf, any claims, liabilities,
proceedings, actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after any
Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from
the gross negligence or willful misconduct of Lessor.
14. INSURANCE.
14.1 (a) Lessee at its sole expense shall at all times keep all Equipment insured against all risks of loss or damage from
every cause whatsoever for an amount not less than the Termination Value of the Equipment. Proceeds of any such insurance
covering damage or loss of any Equipment shall be payable to Lessor as loss payee. (b) Lessee at its sole expense shall at all times
carry public liability and property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor
from liabilities for injuries to persons and damage to property of others relating in any way to any Equipment. Proceeds of any such
public liability or property insurance shall be payable first to Lessor as additional insured to the extent of its liability, and then to
Lessee.
14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to Lessor satisfactory evidence
of required insurance coverage and all renewals and replacements thereof. Each insurance policy will require that the insurer give
Lessor at least 30 days prior written notice of any cancellation of such policy and will require that Lessor's interests remain insured
regardless of any act, error, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be primary
without any right of contribution from insurance which may be maintained by Lessor.
15. PURCHASE OPTION. Upon thirty (30) days prior written notice by Lessee to Lessor, and so long as there is no Event of
Default then existing, Lessee shall have the option to purchase all, but not less than all, of the Equipment covered by a Lease on
any Rent Payment due date by paying to Lessor all Rent Payments then due (including accrued interest, if any) plus the
Termination Value amount setforth on the Payment Schedule to the applicable Lease for such date. Upon satisfaction by Lessee of
such purchase conditions, Lessor shall release its Lien on such Equipment and Lessee shail retain its title to such Equipment "AS-
IS, WHERE-IS", without representation or warranty by Lessor, express or implied, except for a representation that such Equipment
is free and clear of any Liens created by Lessor.
16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its Equipment, Lessee hereby
represents and warrants to Lessor that:
(a) Lessee has full power, authority and legai right to execute and deliver the Lease and to perform its obligations under
the Lease, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body;
(b) the Lease has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of
Lessee, enforceable in accordance with its terms;
(c) the Lease is authorized under, and the authorization, execution and delivery of the Lease complies with, ail applicable
federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and property acquiSition
laws) and all applicable judgments and court orders;
(d) the execution, delivery and performance by Lessee of its obligations under the Lease wiil not result in a breach or
violation of, nor constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by which Lessee's
properties may be bound or affected:
(e) there is no pending, or to the best of Lessee's knowledge threatened, litigatIon of any nature which may have a material
adverse effect on Lessee's ability to perform its obligations under the Lease; and
(f) Lessee is a state, or a political subdivision thereof, as referred to in Section 103 of the Code, and Lessee's obligation
under the Lease constitutes an enforceable obligation issued on behalf of a state or a political subdivision thereof.
17. TAX COVENANTS. Lessee hereby covenants and agrees that:
(a) Lessee shall comply with all of the requirements of Section 149(a) and Section 149(e) of the Code, as the same may
be amended from time to time, and such compliance shall include, but not be limited to, keeping a complete and accurate record of
any assignments of any Lease and executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any
other information statements reasonably requested by Lessor;
(b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, any Lease to be an
MLD 01 (4/26/96)
Companion Resolutions - Res 98-334 & Res 1999-234
"arbitrage bond" within the meaning of Section 148(a) of the Code or any Lease to be a "private activity bond" within the meaning of
Section 141(a) of the Code; and
(c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, the interest portion
of any Rent Payments to be or become includable in gross income for Federal income taxation purposes under the Code.
18. ASSIGNMENT.
18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otherwise dispose of, any Lease or
any Equipment or any interest in any Lease or Equipment.
18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or may grant or assign a
security interest in any Lease and its Equipment, in whole or in part, to any party at any time. Any such assignee or lienholder (an
"Assignee") shall have all of the rights of Lessor under the applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST
ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR
DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in writing, any such
assignment transaction shall not release Lessor from any of Lessor's obligations under the applicable Lease. An assignment or
reassignment of any of Lessor's right, @e or interest in a Lease or its Equipment shall be enforceable against Lessee only after
Lessee receives a written notice of assignment which discloses the name and address of each such Assignee; provided, that such
notice from Lessor to Lessee of any assignment shall not be so required if Lessor assigns a Lease to BANK ONE CORPORATION
(or its successors or assigns) or any of its direct or indirect subsidiaries. Lessee shall keep a complete and accurate record of all
such essignments in the form necessary to comply with Section 149(a) of the Code Lessee agrees to acknowledge in writing any
such assignments jf so requested.
18.3 Each Assignee of a Lease hereby agrees that. (a) the term Secured Obligations as used in Section 8.3 hereof is
hereby amended to include and apply to all obligations of Lessee under t~e Assigned Leases and to exclude the obligations of
Lessee under any Non-Assigned Leases; (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in,
any Non-Assigned Leases; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor (including,
without limitation, the remedies under Section 20 of the Master Lease) solely with respect to the Assigned Leases. "Assigned
Leases" means only those Leases which have been assigned to an Assignee pursuant to a written agreement; and "Non-Assigned
Leases" means all Leases excluding the Assigned Leases.
18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs, executors, administrators,
successors and assigns of the parties hereto.
19 EVENTS OF DEFAULT, For each Lease, "Event of Defaulr' means the occurrence of anyone or more of the following events
as they may relate to such Lease: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due in
accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (b) Lessee fails
to perform or observe any of its obligations under Sections 121, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any other
covenant, condition or agreement to be performed or observed by it under the Lease and such failure IS not cured within thirty (30)
days after receipt of written notice thereof by Lessor; (d) any statement, representation or warranty made by Lessee in the Lease or
in any writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or
erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the appointment of a receiver,
trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee under
any federal or state bankruptcy, insolvency or similar law, or a petition in a proceeding under any federal or state bankruptcy,
insolvency or similar law is filed against Lessee and is not dismissed within sixty (60) days thereafter; or (f) Lessee shall be In default
under any other Lease or under any other financing agreement executed at any time with Lessor.
20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise anyone or more of the following remedies.
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then currently due under all Leases
and all remaining Rent Payments due under all Leases during the fiscal year in effect when the Event of Default occurs together
With interest on such amounts at the highest lawful rate from the date of Lessor's demand for such payment;
(b) Lessor may require Lessee to promptly return all Equipment to Lessor in the manner set forth in Section 21 (and
Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter upon the premises where any Equipment is
located and repossess such Equipment without demand or notice, without any court order or other process of law and without
liability for any damage occasioned by such repossession;
(c) Lessor may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one or more public or private
transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain the entire proceeds of seh disposition free of any
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Companion Resolutions - Res 98-334 & Res 1999-234
claims of Lessee, provided, that the net proceeds of any such disposition shall be applied to amounts payable by Lessee under
clause (a) above of this Section only to the extent that such net proceeds exceed the applicable Termination Value set forth in the
applicable Schedule;
(d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment;
(e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor under applicable law or, by
appropriate court action at law or in equity, Lessor may enforce any of Lessee's obligations under any Lease; and/or
(I) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by
Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this section, including, without
limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or
disposition of any Equipment.
None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's
exercise of one or more remedies shall not preclude its exercise of any other remedy. No delay or failure on the part of Lessor to
exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence in any default, nOf shall any single
or partial exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy.
21. RETURN OF EQUIPMENT. If Lessor is entitied under the provisions of any Lease, including any termination thereof pursuant
to Sections 6 or 20 of this Master Lease, to obtain possession of any Equipment or if Lessee is obligated at any time to return any
Equipment, then (a) title to the Equiprnent shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee
shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to Lessor (all in
accordance_with applicable industry standards) at any location in the continental United States selected by Lessor. Such Equipment
shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and
proper use excepted), shall be in good operating order and maintenance as required by the applicable Lease, shall be free and
clear of any Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as
required above, all terms of the applicable Lease shall remain in full force and effect including, without limitation, obligations to pay
Rent Payments and to insure the Equipment. Lessee agrees to execute and deliver to Lessor all documents reasonably requested
by Lessor to evidence the transfer of legal and beneficial title to such Equiprnent to Lessor and to evidence the termination of
Lessee's interest in such Equipment.
22. LAW GOVERNING. Each Lease shall be governed by the laws of the state of Lessee (the "State").
23. NOTICES. All notices to be given under any Lease shall be made in writing and either personally delivered or mailed by
certified mail to the other party at its address set forth herein or at such address as the party may provide in writing from time to time.
Any such notices shall be deemed to have been received five (5) days subsequent to mailing.
24. FINANCIAL INFORMATION. Within thirty (30) days of their completion in each fiscal year of Lessee during any Lease Term,
Lessee will deliver to Lessor upon Lessor's request the publicly available annual financial information of Lessee.
25. SECTION HEADINGS, All section headings contained herein or in any Schedule are for convenience of reference only and do
not define or limit the scope of any provision of any Lease.
26. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in several counterparts, each of
which shall be deemed an original, but all of which shall be deemed one instrument. Only one counterpart of each Schedule shall
be marked "Lessor's Original" and all other counterparts shaH be deemed duplicates. An assignment of or security interest in any
Schedule may be created through transfer and possession only of the counterpart marked "Lessor's Original".
MLD 01 (4/26/96)
Companion Resolutions - Res 98-334 & Res 1999-234
27. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits attached thereto and made a
part hereof and other attachments thereto, and other documents or instruments executed by Lessee and Lessor in connection
therewith, constitute the entire agreement between the parties with respect to the lease of the Equipment covered thereby, and
such Lease shall not be modified, amended, a~ered, or changed except with the written consent of Lessee and Lessor. Any
provision of any Lease found to be prohib~ed by law shall be ineffective to the extent of such prohibition without invalidating the
remainder of the Lease.
LESSEE
LESSOR:
Z:" Bernardino
X. ~~_u
Bane One Leasinq Corooration
X Ti~e -PVP.CIb~--IMI- !JtAN;'V-iFtZ
B~ ~ [)~~
Title: Fundina Authoritv
300 N. "D" Street 4th fioor
San Bernardino, CA. 92418
1111 Polaris Parkway Suite A-3
Columbus OH 43240
MLD 01 (4/26/96)
Companion Resolutions - Res 98-334 & Res 1999-234
LEASE SCHEDULE NO.1 000099253
Dated As Of 09/24199
This Lease Schedule, tOGether with its Payment Schedule, is attached and made a part of the Master Lease-Purchase
Agreement described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of
the Master Lease are incorporated herein by reference. Unless otherwise defined herein, capitalized terms defined in the
Master Lease will have the same meaning when used herein.
Master Lease-Purchase Agreement dated 09124199
A EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto
and made a part hereof.
B. EQUIPMENT LOCATION:
See Schedule A-1
C. ACCEPTANCE OF EQUIPMENT AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE
HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (b) ALL EQUIPMENT is IN GOOD WORKING ORDER AND
COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (c) LESSEE ACCEPTS ALL
EQUIPMENT FOR PURPOSES OF THE LEASE "AS.IS, WHERE-IS"; AND (d) LESSEE WAIVES ANY RIGHT TO
REVOKE SUCH ACCEPTANCE.
D. ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment
is essential to Lessee's proper, efficient and economic functioning or to the ser\lices that Lessee provides to its citizens
and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions
consistent with the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the
Equipment: to continue this Lease; and to make Rental Payments if funds are appropriated in each fiscal year by its
governing body.
E. RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the commencement
date thereof and the Lease Term of this Lease Schedule are set forth on the Payment Schedule attached to this Lease
Schedule.
F. RE.AFFIRMA TION OF THE MASTER LEASE: Lessee hereby re.affirms all of its representations, warranties and
obligations under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers
in Section 7 thereof and its representations in Sections 6.1 and 16 thereof).
G. BANK QUALIFIED: LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX.
EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE, THAT IT HAS NOT
DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN
ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY
ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS TO BE iSSUED BY LESSEE
DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000000
Equipment/Escrow Acceptance Date:
See Delivery & Acceptance Certificate
LESSEE:
LESSOR:
Ci Of San Bernardino
Bane One Leasinq Corporation
X By (:~~t;:;-
-\ Title rUiLC.W14IN6--iI.-I.4t</>'trfrp
BY<Yn_ ~D~L~
Title: FundinG AuthOrity
300 N. "0" Street 4th floor
San Bernardiino CA 92418
1111 Polaris Parkwav Suite A-3
Columbus. OH 43240
MLDS 01 (4126196)
Companion Resolutions - Res 98-334 & Res 1999-234
PAYMENT SCHEDULE
This Payment Schedule is attached and made a part of the Lease Schedule identified below which is part of
the Master Lease-Purchase Agreement identified therein, all of which are between the Lessor and Lessee
named below.
Lease Schedule No, 1000099253
Accrual Date: 09/29/99
Amount Financed: $811,543.91
Rent Rent Rent Interest Principal Termination
Number Date Payment Portion Portion Value
$ $ $ $
Loan 09/29/99
04/29/00 44,115.23 24,877.20 19,238.03 808,151.99
2 04/29/01 112,850.00 41,635.67 71,214.33 735,513.38
3 04/29/02 112,850.00 37,893.36 74,956.64 659,057.60
4 04/29/03 112,850.00 33,954.39 78,895.61 578,584.08
5 04/29/04 112,850.00 29,808.43 83,041.57 493,881.68
6 04/29/05 112,850.00 25,444.59 87,405.41 404,728.16
7 04/29/06 112,850.00 20,851.44 91,998.56 310,889.63
8 04/29/07 112,850.00 16,016.91 96,83309 212,11988
9 04/29/08 218,889.00 10,928.33 207,960.67 1.00
LESSEE:
LESSOR:
Bane One Leasinq Corporation
,?:fh!:t.iE;;
f LiKct-{-1$"i'N6-L{{;~~-RR
~J'l ~ ~..LU&.J
Title: Fundinq Authoritv
MLDSA 1 (01) 4/26/96
SEP.27.l999 2:48PM
NO.SSl
P.2/2
Co~nion Resolutions - Res 98-334 & Res 1999-234
SCHEDULE A-1
Equipment O..crlpUon
Lell6e Schedule No. 1000D9S253 dated 09/24/99
The Equipment described below includes all attachments, additions, accession., par1!l, repairs, improvements,
replacements and substinltions thereto.
Equipment Locatfon:
Cily ot San Bernardino
County: San Bernardino
Station 225 (1640 N. Kendall)
Stallon 226 ( 192D N, Del Rosa)
Statton 228(3398 E. Highland)
Station 231 (450 E, Vanderbltt)
1 Pierce"'Type III Bru.h Engine
1 PiercellOType J1I Bru.h Engine
1 PiercellOType III Brush Engine
1 Pierce~ Pumper
Expscted Equipment Purchase Price
Net Amount Financed
$811.54391
$811,543.91
This Schedule A-1 is attached to the Lease Schedule or a Receipt Certifioate/Payment Reque51 relatins to the Leasa
Schedule.
City of Sen Bernardino
(l.m;aee)
------
B,>-iYa~~~-
Titie:JOA:.4-~rlA- (1,t':4rl/l(o.-ff'R
Bane One Leasfnc Corcoreticn
(Lessor)
~.a-u (!fp-/c~
TtlIe: Fundino Authoritv
MLOSA1 (01) 4/26/96
Companion Resolutions - Res 98-334 & Res 1999-234
VEH~LESCHEDULEADDENDUM
Dated As Of 09/24/99
Lease Schedule NO.1 000099253
Dated 09/24/99
Lessee: City of San Bernardino
Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the
Schedule ("Master Lease") by and between Banc One Leasing Corporation ("Lessor") and the above lessee ("Lessee"). This Addendum
amends and modifies the terms and conditions of the Schedule and is hereby made a part of the Schedule. Unless otherwise defined
herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein.
NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Schedule, Lessor and Lessee hereby
agree to amend the Schedule as follows:
1. In the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under applicable State law, then the
following provisions shall also apply to the Schedule:
(a) each manufacturers staternent of origin and certificate of ti~e shall state that Lessor has the first and sole lien on or security
interest in such unit of Equipment;
(b) the public liability and property damage insurance required by the terms of clause (b) of Section 14.1 of the Master Lease
shall be in an amount not less than $500 000.00 per person injured and $1 000000.00 combined single limit per unit per occurrence
(provided, that if the unit of Equipment is a bus or other passenger vehicle, then such insurance amount shall be such larger amount
as may be reasonably required by Lessor) and $500 000.00 for damage to property of others;
(c) Lessee shall furnish and permrt only duly licensed, trained, safe and qualified drivers to operate any such unit of Equipment,
and such drivers shall be agents of Lessee and shall not be agents of Lessor; and
(d) Lessee shall cause each such unrt of Equipment to be duly registered and licensed as required by applicable State law wrth
Lessor noted as lienholder and Lessee as owner.
2. Except as expressly amended by this Addendurn and other modifications signed by Lessor, the Schedule remains
unchanged and in full force and effect.
iN WITNESS WHEREOF, the parties hereto have executed thiS Addendum as of the date first referenced above.
City of San Bernardino
( Lessee
Bane One Leasino Corporation
(Lessor)
B~. ~ r9#e</2~
.--'\
.x
Title: Fundinq Authoritv
Campanian Resolutions - Res 98-334 & Res 1999-234
CERTIFICATE OF INCUMBENCY
Lessee:
City of San Bernardino
Lease Schedule No. 1000099253 Dated 09/24/99
I, the undersi9ned Secretary/Clerk identified below, do hereby certify that I am the duly elected or appointed
and actin9 Secretary/Clerk of the above Lessee (the "Lessee"), a political subdivision duly or9anized and existing under
the laws of the State where Lessee is located, that I have the @e stated below, and that, as of the date hereof, the
individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite
their respective names.
[NOTE: Use same titles as Authorized Representatives stated'
x David Batson
r, Name
\ Purchasing Manager
Title
...y
?\
Huston T. Carlyle, Jr.\,-
Name
Sr. Asst. City Attorney
Title
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such Lessee as of the
date set forth below.
Attest:
~I h. ~~
Signa re
Print Name 7? A C H E L G. C' L 1/ A!<.
Title C "ry C '--U<K
Date: ~~-</I, _ 2.. 7/ / 5' 5' 7
[SEAL]
MLDCERT (01) 4/26/96
Campanion Resolutions - Res 98-334 & Res 1999-234
THREE PARTY AGREEMENT
Dated as of 09/24/99
"Lessee" means: City of San Bernardino
"Lease" means: Lease Schedule No. 1000099253 together with the Master Lease.Purchase Agreement dated
09/24/99 to the extent it relates to said Lease Schedule, as any of said agreements have been amended
Reference is made to the Lease described above between Banc One Leasing Corporation ("Lessor") and
the Lessee identified above which relates to Equipment described therein ("Equipment'') to be supplied by Pierce
Manufacturing, Inc. ("Supplier"). For good and valuable consideration, receipt of which is hereby
acknowledged, Lessee, Lessor and Supplier hereby agree as follows:
1. Notwithstanding anything to the contrary in the Lease, Lessee hereby notifies Lessor that the
Equipment has not yet been delivered to Lessee and the Equipment has not yet been accepted by Lessee for
purposes of the Lease. Lessee agrees to execute and deliver to Lessor a Delivery and Acceptance Certificate in
the form attached hereto as Exhibit A upon the circumstances set forth in said Certificate.
_ 2. All parties hereto agree that the Purchase Price of the EqUipment shall be as set forth below if said
Purchase Price is paid on or before the Advance Payment Date set forth below:
Purchase Price $811,543.91
3. Upon execution of the Lease and delivery of all documents relating thereto required by Lessor, Lessee
agrees that it shall pay the Lessee DO"TI Payment stated below and Lessor agrees that it shall pay the balance
of the Purchase Price (the "Amount Financed") stated below. Lessee agrees that the Lease Term and Lessee's
obligation to pay Rent Payments shall commence on the date set forth in the Lease notwithstanding the delivery
of the Equipment at a later date.
Amount Financed $811,543.91
4. (a) Supplier antiCipates that it shall deliver the Equipment to Lessee by the
Anticipated Delivery Date set forth below.
Anticipated Delivery Date: April 29, 2000
(b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the
Outside Delivery Date set forth below and that such Equipment shall comply with all specifications and
requirements of Lessee and With the terms and conditions of any purchase order/purchase agreement relating
thereto.
Outside Delivery Date June 29, 2000
5. If Supplier delivers the Equipment to Lessee in accordance With subparagraph 4(b) hereof after the
Anticipated Deliverv date but on or before the Outside Deliverv Date, then Supplier agrees to pay all interest
that has accrued tmder the Lease from and including the Anticipated Deli\ery Date through the date that Supplier
delivers the Equipment to Lessee in accordance with subparagraph 4(b) hereof.
(3ptyagrmt)
Page 21
Companion Resolutions - Res 98-334 & Res 1999-234
6. If for any reason whatsoever Supplier fails to comply with its agreements set forth in subparagraph
4(b) of this Agreement by the Outside Delivery Date, then Supplier hereby agrees as follows:
(a) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessee the
Lessee Down Payment plus interest at the Prime Rate plus one percent (1 %) per annum from the
Advance Payment Date to the date of such payment;
(b) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessor the
Amount Financed plus interest at the Prime Rate plus one percent (I %) per annum from the Advance
Payment Date to the date of such payment; and
(c) "Prime Rate" means the prime rate of interest announced from time to time as the prime rate by
Bank One, NA; provided, that the parties acknowledge that the Prime Rate is not intended to be the
lowest rate of interest charged by said bank in connection with extensions of credit.
7. If Supplier makes the payments described in paragraph 6 above under the circumstances set forth
above and if Lessee has otherwise paid and performed its obligations under the Lease as of such payment date,
then Lessee and Lessor agree that the Lease shall terminate as of the date of such payments by Supplier.
8. Except as expressly set forth herein, the Lease and terms and conditions of the purchase
order/purchase agreement for the Equipment remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the duly authorized officers of the parties set forth below hereby execute and
deliver this Agreement as of the date first written above.
City of San Bernardino.;
ne~') ') , 'Id /
)( By '--+kJ lVtrJ( //a~7{Z::S-
). Title t\I;<.c-/{f'?/Nt--- I.lI'Mif-li-cR
Pierce Manufacturing, Inc.
("Supplier")
By
Title:
Banc One Leasing Corporation
(" Lessor")
By:
Title:
Exhibit A
(3ptyagrmt)
Page 22
SEP.28.199~ -~:IQ'lf.'T.'1t PIERCE RCCOUliTING
. . -- t' Res 98-334 & Res 1999-234
Campanion Resolu 10ns -
NO. 332, , P.2~
1'1U."1:> 1-";;'""
6, Iffor auy ~ClIl. ~ Supplier Wls ~ "'tDJlly with its ~. sc farth in SlIbpllftgtaph
4{b) oftbis ~ by the Olmdde ~.o-. !hell SlIpplicr hBebylgnles as follows:
(a,) 011 the fltst busU2ss day ;Uter the Oursid; Delivery Dar.e, SnppJier shall pay 1:0 Lessee the
~ Dowtt 1'1I)Imlm plus iDlerest at the Prime RIlle ph1s OIIC plfcaJl (1%) pel' anmun ~Dllhe
Advance PaYIn=t DllIe to !be due ~ SUdl p~
(b) On the 1im ~eJS day ailcr the Otllsidc Delivmy J::lm, SlIppllcr s&alI pay 1r> lesser thl!!
Abloimt F''''''tl"ed plus ~L lit the PrilIIe ~ plus ODe pctOQlt (1%) per allrl1lll1 &om the AcMmec
p~ Dale to the date of sue;b paymem; Illd
(co) '~ Rate" 1ZIC!lDS the ~ l'3lc of int=sr 8D!l~ &c~ _10 _as tbc prUne rate by
BllIlk One, NA; provida:!. that the PHties tcbow!lld&e tbat the .PziIrJc late js not ibUllcled to be the
IljlWeSt rate of ilIterest cbarg~ by Rid bJIlk i'tl COllIla:tiOll with Clrtcz!sious of I:l'ezlit.
7. IfSupp/iar Jnalces the :pa~ ~ lrIpangra]lh 6 above 1lIIdBr tbe ~ let fortb
abC\Ie iUU,i if Lessee has o~ pIid ami!lClfCll'llled ita oblipliQl!llllllk the Lease IS of m:h pa"...-! date,
theu Lessee and Lessor agree that the ~ IlWI ~ as aftbe dam of S1lCh ~ by SupjUler.
- &. ~ as ~y set fcrth .beteiD, the l.eue aIIli la:ms alId CDDditfatul of the ptJI'Chue
orde:/plll'QhllSe age.:.......: tar the E~t l'CI'IlIin ,,,..J."'!&td 3IId in fiill fcn::e wi tffi:ct.
IN WITNEsS WHnEoF, the cluly authctrizecl ~ of !he ~ Jet %ilrth below M:eby execute and
ddiver this ~ lIS ofthl!ldat" bt Il'rittzm aboVe,
C~Bemardino J
x~~~
..\. Title; P{)~Nt- ~~
Pierce Manufaclllling, me..
tsupplior") 0
Ey; _ A__~ ( .) ~s.....-
Title; ':0, .'"<..-to' - h~,,-.e
Bane Ollllleasing ~
fWssor")
By: '-----m. ~ 00"~ _
LItle: ~c~aJ.0/2(.t-
o ~
ElaIibitA
(3I'lyilsrmt)
Page 22
. /s t 3!)~d
'CJI
.,.........-.. -- --- -
I
Companion Resolutions - Res 98-334 & Res 1999-234
rcrm
8038-G
Information Return for Tax.Exempt Governmental Obligations
~ Under Internal Revenue Code section H9(el
~ See sepatate Instructlons.
Caution: Use Fcrm 3038-GC if :ne iS3ue prrc= is '.JnCer 5 jCO.CCO.
eMS :'<.lo, 15~S")T2~
(Rev. May 19991
Oepanme1lt 'Jt ,,.. rll!a5I.I'Y
Imernal Rl!Vl!l"Iue S~~
. ., Reportin
Issuer's {"lame
If Amended Re'tum, c~eck here.. i
Z Issuer's emalcyer ider:tlfic.:J.t:cn number
CITY OF SAN BERNARDINO
:1 NumCer and street (ar P.O. Cox If mall IS noe ~e!i'ler~c ~o 5ue~t aCdress)
300 N. 0 STREET
5 CC'j. town. or pose office. 5.3(e. ar:a ZIP cade
SAN RFRNAROTNO r'A Q?/,1 R
7 Name of issue
LEASE NO 1000099253
95 60Q9772
,q,ccmrSUlce I' '" Re~cr;: :a.:mter
G -
I 69/29/'99ue
I a CJSiP ;iumCer
9
Name ana title of officer or legal re~(esencatlve 'Nncm (t'le iRS may call fer rr:cre InfcrmaClcn j 10 Te..'e'::r,cr:e nu~c-er 61 cffic~:r'~ rec(:!~em.atl\le
T e of Issue (check aD licable box(es) and enter tile issue rice) See ,nscruC:Jons and at:3ch schedule
Education I 11 I
Health and hospital I 12 I
Transportation . 113 I
Public safe~J. 14 181.l, :J4,5. 9.l
Environment Gnc:uding sewage bonesl I 15 I
Ho,:,sing , 116 II
Utilities 17
118 I
o
o
o
[]
o
o
o
o Other. Describe ~
If obligations are TANs or RANs, check box.... 0 If cbligaticns are BANs. c:'ec~<. box .... 0
If oblioations are in tt'le ferm of a [ease cr inSlallmem sale. check box .. ji
oeseri tion of Obli ations. (Comclete for the entire Issue for which thiS fcrm is beinc filec.J
I "I
(el Sta,tea ~ec:emcocn
pnce: at man.lne,!
Is, 1 I s I
Uses of Proceeds of Bond Issue (Includinq underNriters' discount)
Proceeds use:d for accrued interest . . . . .. ....
Issue price of entire issue (enter amount ~om line 21. column (b)) .
Proceeds used for bond issuanc= costs Ur:cluding underoNriters' disccwm)
Proceeds used for credit enhancement. . . . . . . . . .
Proceeds allocated to reasonat:ly required. reserve or replacemem fund
Proceeds used to currently refund prior issues
Proceeds used. to advance refund prior issues
Tocal (add lines 24- tl1rough 281. . . 29
Nonrerundino oceeds af the issue (suboacr line 29 from line 23 and enter amount here) . I 30 I
oescri tiOrT of Refunded Bonds (Com lete this art ani for refundin bonds.)
31 En.ter the remaining weighted average maturity of the bonds to be currently refunded ~
3Z Enter tM remaining weighted average maturity of the bonds to be advance refunded ~
33 Enter the last date on which the refunded bonds 'MII be called . ~
34 Enter the datels) the refunded bonds were issued ~
1m!lJ' Miscellaneous
35 Enter the amount of the state volume cap allocated to. the issue unde<: seocn 1 ~ 1 (b)(S) . _ _ ~351
36a Enter the alOOunt at gross proceeds il1'Jes'.ed. or to be !l1'Ies'.e1. In a.,ua<anreea investment ccntrac.: (see insrru::ol15) 36a I
tI. Enter the final maturity date ot the guaranteed. investmerlt contract ~ ;, .;s
37 Pooled ffnanc:ngs: a Proceeds af this issue tl1at are to be used to make loans to otter governmental unitS 37a
b If this issue is a loan made from the proceeds of another tax.exempr-issue. check box: ~ 0 and enter the name- of tl1e
issuer ~ and the dat", of t.'1e issue ~
If the issuer has designated the issue under section 265(b)(3)(B)(i](111) (small Issuer exception), c.'1ec< box
If the issuer has elected to pay a perlalty in lieu of arbitrage rebate. c.'1ec.'< box . . .. ....
~ the issuer has Iderltified a hedGe. chec!< box ~ '-1
Uncer penalties ct pet]UI"f. I decare t.."'!at I l'lao.te ex.amned r.nts rea..:m arlC ac::orr.canYIl~ sc:ecutes and stat2me!'ltS. 3(1<uo il'e ~t ct my kr'.cwl~se
~:~~se -~~~~7:(j?li;;:-
Here ~ s~'S3U","'_Cec<osema~ q'~::ri/
For Paperwor1< ReduC'jon Act Notice. see- page 2 of the-Instructions..
11
12
13
1'1
15
16
17
18
19
20
(a) Final m.a~ricy daCe
(d) Weigneed
aVeI'age mawflC'j
%
(b) ISSl.le .:nc~
(el Yield
2.1
vears I
24 I
25 I
26 I
27 I
28 I
I 22 I
I 23 I
I
l
I
I:
years
years
38
39
40
~u
....8
~~~:;R1,!!~N
C.lc. ,'1.10. 5J77JS
FCrTn 8038-G (Rev. j'7SI
Companion Resolutions - Res 98-334 & Res 1999-234
Understanding
Your Banc One
Leasing
Corporation
Invoice
A key to reading your
Banc One Leasing
Corporation Invoice:
1. Account Number
2, Customer Service Telephone
Number
3, Billing Date
4. Due Date
5. Account Number
6. Previous Balance Due
7. Payment Amount Due on
Invoice/Current Amount Due
8. Sales/Use Tax Due
9. Other Charges Due
10, Asset#
1 I. Asset/Equipment Description
12, Asset/Equipment Location
13. Current NIonth - Total
payment amount for month
14, 30 Days - Amount 30 days
delinquent
15. 60 Days - Amount 60 days
delinquent
16, 90 Days - Amount 90 days
delinquent
17. Over 90 Days - Amount over
90 days delinquent
18, Total-Total amount due
I9, Number of Pages - number
of pages in invoice
20. Payment Remittance address
21. Customer Name and Address
22, Total Amount Due
23. Total Amount Paid
(for your use)
'.
LEA 5 ERE N TAL I N V 0 ICE
PAGE 1 OF 1
BANe ONE lEASING CORPORATION
1111 POLARIS PARKWAY SUITE A3
COLUMBUS, OH 43240
ABC HEALTH SERVICES
ACCTNO:9999999999 0
CUSTOMER SERVICE # D
(877)885-2775
PAYMENTS RECEIVED AFTER 10-13-98
WIll APPEAR ON YOUR NEXT INVOIC~
D
PAYMENT DUE DATEIII1-0Z-98
LEASE ASSESSMENTS ASSET II DESCRIPTION LOCATION
000000000 PREVIOUS DUE .. m 6~16 H~~ILT6tt~ X-RAY ::
RENT DUE ~91.00 ..
II SALES,I USE TAX __ . . ..
LATECHARGES~;'~O:
"'&'
""-I'
CURRENT MONTH 30 DAYS 60DAY$ I 90 DAYS I OVER 90 QAY$ TOTAL
545.00 520.00 1065.00
IE
IE CUSTOMER cop}m
R["1ITTANCE COPY
Il!I
III
III
\lAKE CHECKS PAYABLE TO:
PAGtlE 1 OF
Iilil
BANC ONE LEASING CORPORATION
CORP. PROCESSING DEPl 0993
COLUMBUS, OH 43271-0993
72 75 MR 001 0000000000
peR 0 LEASE
72000000000000000106586978131
LEASE
AMOUNT DUE
M-10UNT PAl')
PAYMENT DUE DATE 11-02-98
fa]
m
ABC HEALTH SERVICES
123 JONES STREET
ANYTQWN, USA ooooo~oooo
1065.00
1065.00
000000000
TOTAL
To enSure proper credit to your 3(count, please return this with payment.
Please Note: To ensure proper credit to your account, please relurn your
payment with the remittance portion of the invoice,
-
-
BANK=ONE
Banc One Leasing Corporation