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HomeMy WebLinkAbout1986-373 1 2 3 4 5 6 RESOLUTION NO. 86-373 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORI~aNG AND DIRECTING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GTE LEASING CORPORATION FOR THE INSTALLATION OF A NEW TELEPHONE SYSTEM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute for and on behalf of 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the said City a Lease Agreement with GTE Leasing Corporation for the installation of a new telephone system, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a n adjourned re!;lul ar meeting thereof, held on the day of SApt-~mhp.r , 1986, by the 77nd following vote, to wit: AYES: ronnci 1 Memher~ Ef{TrAnn RAi lly Herna.ndez MArk~ Ollie] Frn7.ier St-rir.klp..r NAYS: None ABSENT: Nnnp. The foregoing ~~ad/ /' . City Clerk resolution is hereby approved this a7~~~ day , 198fi );z .. Mayor O~ity of ~rdino of September Approved as to form: ~~~e/ City J!I. torney em Bob Kirtley District Manager GTE Leasing Corporation 12100 Wilshire Blvd. Suite 925 Los Angeles, California 90025 (213) 207-4404 September 25, 1986 The Honorable Evlyn Wilcox Mayor, City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 I, As an accommodation to the City of San Bernardino, GTE Leasing will execute that certain Lease Agreement with Assignment (Agreement) between the City of San Bernardino as lessee, GTEL as lessor and GTE Leasing as assignee. Please be advised that this Agreement is subject to review by GTE Leasing Corporation's Cred~~ Committee. Sincerely, Recei~ d and Acknowle ged City of San Bernardino e.J~ R. W. KirtleV District Manager GTE Leasing Corporation A Part of GTE Corporation . . GTE LEASING CORPORATION CERTIFICATE OF ACCEPTANCE crm 002 Schedule No. LESSEE'S CERTIFICATE OF DELIVERY AND INSTALLATION The undersigned hereby certifies that all Equipment covered by the Schedule identified above and made pur. suant to a lease (the "Lease") between GTE Leasing Corporation as lessor and the undersigned as lessee, which Lease was signed by lessee onj November 30 ,19 87 ,has been delivered to the undersigned and found satisfactory, that Installation thereof has been satisfactorily completed and that the Equipment is hereby unconditionally accepted in accordance with the terms and conditions of the above described Lease. Further, the undersigned acknowledges that GTE Leasing Corporation or its assignee has ir. revocable rights resulting from such acceptance, including the right to receive payments without offset or defense. The undersigned also acknowledges that this Certificate of Acceptance will prevail, where releyant, in the event of a conflict with the Lease described above. The undersigned further certifies that he/she has, or has been delegated, the authority to accept the Equipment. J DATED November 30, 1987 Les~ CITY OF SAN ~INO J.Y__~ ~ ~4('SJ yn W~loox Title vcr y- SUPPLIER'S CERTIFICATE OF DELIVERY AND INSTALLATION The undersigned hereby certifies that the aforesaid Equipment has been delivered, and that undersigned has completed the installation thereof in a workmanlike manner. DATE 9/1/87 Supplier Ray Smi th GTEL Business Systems By Title Service Manager REV. 3183 ML LESSOR: ADDRESS: CITY/STATE/ZIP Gl'EL 800 North Haven Avenue, GTE LEASING CORPORATION LEASE AGREEMENT WITH ASSIGNMENT (FOR USE WITH STATES OR THEIR POLITICAL SUBDIVISIONS) LESSEE: CITY OF SAN BERNARDIN) ADDRESS: 300 North D Street San Bernardino, #300 PHONE: Ontario, CA 91764 (714) 980-7070 corporation CITY/STATE/ZIP CA 92418 PHONE: 1Ype of Entity: 1Ype of Entily: ~cipa1 Govermient QTY EQUIPMENT LEASED-DESCRIPTION Change Orders for systan revisions. . I. Advance rent . - 0 - I. Cash purchase price: (indudinl delivery) S81,552.54 .... 2. rll'Sl unl paymcnl due upon invoice 2. Annual interest ralc: 8.25 .. ~ 3. Payments due Monthly 0 Quarterly IX ~ 3. Nominal purchase oplion OSlO ~S 1.00 28 " i:! 4. Number of rent payments "' 4. LCSSft will pay for any salcsluse tax. Lessee will also Exempt Number .. ~. Amount of each rent paymenl .3,863.14 " be invoiced for olher applicable slalC and local !lUtes, N/A "' if any. 6. Amount of final rent paymcnl .3.RE;l 14 !5 5. At the time of installation, this Lease may be amended. at Lessee's option. by the addition or deletion of items Ycs~ This Equipment shall be delivered to and located &1: of equipment the value of which may not exceed 10.,. Z Citv of San Bernardino or the cash purchase price or the Equipment indicated NoO 0 N.... above. ~ SUm 300 North D Street 9 Cil~ BernCount~ Bern!tale CA 92418 'if Zip !~ TERMS AND CONDITIONS 1. EQUIPMENT. Lessor hereby lems to Lessee and Lessee ecuted concurrently herewith containing certain terms with (having been quoted both a cash and a time/lease price) respect to lhe lease of such Equipment. All such schedules a'e hereby leases from Lessor on the terms set out herein such hereinaner individually and collectively ,eferred to as unit or units of equipment, hereinafter referred to as "Equip- "Schedule," which Schedule is incorporated herein and made ment," described above or in any schedule or schedules ex. a part of this Lease Agreement, hereinafter referred to as THE ADDITIONAL TERMS AND CONDITIONS ON THE FOLLOWING PAGES ARE INCORPORATED HEREIN. THE UNDERSIGNED, BEING DULY AUTHORIZED SIGNATORIES, AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH ABOVE AND ON THE FOLLOWING PAGES HEREOF, AND IN WITNESS WHEREOF, THEY HEREBY EXECUTE THIS LEASE. Dated / v /...3/ cr 7 // /3-0/<1"7 , Lessor Gl'EL Less CITY OF SAN BERNARDIN) aName '"J' '~....--ity) /I _ (Na fIn ividual or 't~, ;::77\.~ its ~ oj- ./ By its Mayor slaned by general partner, if partnership, or appropriate1lfficer, (Have signed y appr riate officer,. nd indicate official litle. If 2 if corporation, and Indicate official title. If 2 officers must sian, use officers mu sign, use space below.) space below.) Evi1.yn Wilcox By its By If its 205 Rev. 9/83 any and all SUitS WhICh may De orougm agamsl Lt:~~VI, Assignee, their agents, employees or assigns either alone or in conjunction with others upon any such liability, claim or claims and shall satisfy, pay and discharge any and all judgments, costs and fines that may be recovered against Lessor or Assignee in any such actions, provided, however, that Lessor or Assignee shall give Lessee written notice of any such claim or demand. In no event, however, shall Lessee be held liable for the negligence or willful misconduct of Lessor or Lessor's agents, employees or assigns. (b) Lessor or Assignee and the affiliated groups of which Lessor or Assignee, for United States corporate income tax purposes, are members intend, with respect to the Equip- ment or any item thereof, to treat the interest income portion of the rental payment described above as tax-free to Lessor or Assignee. The amount of tax that will have been saved on such amount shall be known as "Tax Savings." If Federal tax administrative authorities formally notify Lessor or Assignee of a disallowance, elimination, reduction, or disqualification, in whole or in part, of the Tax Savings, or if Lessor or Assignee shall include the interest in- come portion of the repayment amount in income as a result of a good faith determination that such interest income is not properly treated as tax-free to Lessor or Assignee, Lessee shall pay to Lessor or Assignee an amount such that the amount after deduction therefrom of all taxes required to be paid by Lessor or Assignee in respect of the receipt of such amount under the laws of any Federal, state or local govern- ment or taxing authority in the United States, shall fully com- pensate Lessor or Assignee for the loss of any such Tax Sav- ings including any interest, penalties, or additions to taxes payable, as a result of such disallowance, elimination, reduc- tion, or disqualification of such anticipated benefits. The amounts payable pursuant to this subsection shall be payable upon demand of Lessor or Assignee. Any such demand shall be accompanied by a statement describing in reasonable detail the loss of the Tax Savings and setting fonh the computation of the amounts so payable. Lessee agrees to be bound by any reasonable determination of the amounts set forth in such statement. (c) All of Lessor's or Assigme's rights and privileges arising from the indemnities contained in this section shall survive the expiration or other termination of this Lease and such indemnities are expressly made for the benefit of, and shall be enforceable by Lessor, Assignee or their successors or assigns. 14. TAXES. Lessee agrees that, in addition to the payments due for the Equipment, it will promptly pay, when and as due and payable, all taxes, fees, assessments and other govern- mental charges of any kind whatsoever, together with any penalties, fines, additions or interest thereon, levied, assessed or imposed upon or with respect to: (a) the Equipment or any part thereof, or interest in the Equipment; ." (b) the ordering, sale, purchase, delivery, owner- ship, possession, use or operation of the Equipment; (c) the amounts payable hereunder or the earnings arising from the Equipment (exclusive of any taxes based on net income of Lessor or Assignee); or (d) this Lease, any other operative documents con- nected herewith or the execution or delivery of any of the foregoing. 15. ASSIGNMENT. (a) Lessee agrees not to sell, assign, sublease, pledge or otherwise encumber or suffer a lien or encumbrance upon or against any interest in this Lease or the Equipment or to remove the Equipment from its location, without the prior written consent of Lessor or Assignee. Lessee's interest herein may not be assigned or transferred by operation of law. (b) Lessor may, at any time and from time to time, uvula ~11~U;;11 IIVLl~l;; ~v Lt,,;:):)\,.t,,;, a.:),:ul!IU o.lu.u": ....i.) l:1'" v< ....,... terest m the EqUipment or thiS Lease, mcludlllg. without limitation, Lessor's rights to receive the reiltal payments and any additional payments due and becoming due" Lessee shall keep a written record of the ownership of Lessor's interest in this Lease. Upon the receipt of written notice by Lessee of an assignment of Lessor's interest in this Lease, Lessee shall thereafter make all payments in accordance with the notice to Assignee and s,hall, if so requested, acknowledge such assign- ment in writing within 15 days after request therefor. Such ac- knowledgment shall in no way be deemed necessary to make the assignment effective. Assignee shall be entitled to enforce the rights so assigned but shall be under no liability to Lessee to perform any of the obligations of Lessor hereunder, the sole remedy of Lessee being against Lessor. Lessee's rights hereunder as against Lessor shall be unaffected except as herein specifically provided. Lessee covenants and agrees not to assert against Assignee any claim or defense by way of abatement, setoff or counterclaim, which Lessee may have against Lessor. All rights of Assignee under this Lease shall inure to the benefit of any subsequent successors and assigns. If so assigned, "Assignee," as used herein, shall refer to such subsequent assignee, and not GTE Leasing Corporation. 16. DEFAULT. An event of default ("Event of Default") shall occur if: (a) Lessee fails to pay when due the full amount of any rental payment or any other payment due under this Lease, except as provided in Section 18 below, and such failure continues for a period of 10 days; (b) Lessee shall fail to perfortD or observe any cove- nant, condition or agreement required to be performed or observed by it hereunder (or under any other agreement be- tween Lessor or Assignee and Lessee) and such failure is not remedied within 10 days after written notice thereof is given to Lessee by Lessor or Assignee; (c) Lessee or any person shall take any action look- ing toward Lessee's dissolution or liquidation, or if any pro- ceeding (voluntary or involuntary) is commenced by or against Lessee seeking reorganization, liquidation, dissolu- tion or similar relief under any present or future statute, law or regulation and such proceeding shall not have been con- tested by Lessee or dismissed within 30 days after it is filed; (d) Lessee attempts to remove, sell, transfer, en- cumber, or part with possession of the Equipment or any item thereof; (e) any representation made by Lessee in connection with the entering into of the Lease or any report or statement furnished pursuant to this Lease is untrue in any material respect; (I) an attachment, levy or execution is threatened or levied upon or against the Equipment; (g) any insurance carrier cancels or threatens to cancel any insurance on the Equipment; (h) the Equipment or any pan of it is abused, illegal- ly used, misused, lost, stolen, destroyed or damaged beyond repair; (i) the Lessee defaults under or otherwise suffers to be accelerated any material obligation; OJ the Lessee defaults under any other agreement now existing or hereafter made with Lessor, Assignee or any of their affiliates; or (k) the condition or affairs of Lessee or Lessee's guarantor (if any) shall change so as, in the sole opinion of Lessor or Assignee, to impair the credit risk involved. 17. REMEDIES. Upon the occurrence of any Event of Default, Lessor or Assignee may exercise anyone or more of the following remedies as Lessor or Assignee in its sole discre- tion shall lawfully elect in order to recover their interests and reasonably expected profits and bargains: (a) proceed by appropriate court action, either at '. law or in equity, to enforce performance by Lessee of the ap. plicable covenants <of this Lease or to recover for the breach thereof; (b) cause Lessee, at its expense promptly to return the Equipment to the possession of Lessor or Assignee, or enter the premises where the Equipment is located and take possession of or disable any part or all of the Equipment, without demand or notice, without any court order or other process of law and without liability for any damage occasion. ed by taking possession. Lessee shall promptly pay to Lessor or Assignee the amount of any deficiency; (c) terminate this Lease as to all or any part of the Equipment; (d) use, operate, re.lease, sell or hold the Equipment as Lessor or Assignee in its sole discretion may decide; (e) declare the entire amount immediately due and payable as to any or all items of Equipment, without notice or demand to Lessee; or (I) sue for and recover all payments, then accrued or thereafter accruing, with respect to this Lease and any or all items of Equipment. Lessee agrees to pay all of Lessor's or Assignee's attorneys' fees and other expenses incurred in connection with the ac- tions set forth in this section. A termination hereunder shall occur only upon notice by Lessor or Assignee to Lessee and only with respect to such part or parts of the Equipment as Lessor or Assignee specifically elects to terminate in such notice. Except as to those parts of the Equipment with respect to which there is a termination, this Lease shall remain in full force and effect and Lessee shall be and remain liable for the full performance of all its obligations under this Lease. but neither Lessor nor Assignee shall be entitled to recover a greater amount in damages than Lessor or Assignee could have gained by receipt of Lessee's full, timely and complete performance of its obligations pursuant to the terms of this Lease. 18. TERMINATION BECAUSE OF NONAPPROPRlA. TION. Notwithstanding anything contained in this Lease to the contrary. no Event of Default shall be deemed to have oc- curred under this Lease if all the following events shall have occurred and Lessor or Assignee has received a written opi- nion from Lessee's counsel verifying the occurrence of said events: (a) adequate funds are not appropriated during a subsequent fiscal period during the term of this Lease for the Lessee to meet its obligations hereunder, and written notice of the nonappropriation is given to Lessor or Assignee at least thirty (30) days prior to the first day of such subsequent fiscal period or within five (5) days of the preparation of the final budget for such fiscal year, whichever occurs later. (b) Lessee has exhausted all funds legally available for payments due under this Lease; and (c) such exhaustion of funds or nonappropriations did not result fpom any act or failure to act of Lessee. Lessee agrees not to acquire other equipment that performs essentially the same services and functions as the Equipment for three years following such an occurrence of events. 19. PURCHASE OPTION. Provided that Lessee is not in default hereunder. Lessee shall have the option to purchase the Equipment at its location AS IS at the end of this Lease by giving Lessor or Assignee written notice at least 60 days before the expiration of this Lease of its intent to purchase. Title to the Equipment shall remain in Lessor or Assignee un- til the nominal purchase option price indicated above has been paid. 20. RENEWAL. Lessee shall have the option to renew this Lease by giving Lessor or Assigne. !lot ice ill wriling at least 60 days before the expiration of this Lease of its intent to renew. Prior to said expiration, Lessee shall pay to Lessor or Assignee, in advance, such renewal rental as they may agree upon. 21. WAIVER OF DEFAULT. Any waiver by Lessor or Assignee of a default by Lessee shall not be considered a waiver of any other default hereunder. 22. PERFORMANCE OF LESSEE'S OBLIGATION BY LESSOR OR ASSIGNEE. In the event that Lessee shall fail duly and promptly to perform any of its obligations here. under, Lessor or Assignee may, at its option, perform any act or make any payment which it deems necessary including without limitation the payment for satisfaction of any lien, taxes, insurance and repairs without thereby waiving such default, and any amount paid for expenses or liability incur. red by Lessor or Assignee in such performance. together with interest thereon at the lesser of 2'70 per month or the highest annual rate permitted by law, and any reasonable costs incur. red by Lessor or Assignee in connection therewith including reasonable attorneys' fees, shall be payable by Lessee upon demand as additional payments. 23. MISCELLANEOUS. Any notice required or permitted to be given hereunder shall be given by personal delivery, telegraph, registered or first class mail, postage prepaid, to the address of the receiving party appearing on the first page hereof, or at any other address of which the other party has been notified in writing. Any notice so given shall be deemed to have been given on the day of mailing. Lessee agrees that under no circumstances shall this Lease be construed as a con- sumer contract. This Lease shall be construed in accordance with the substantive laws of the state of Florida. If this Lease is signed by more than one Lessee, they shall all be jointly and severally liable for all of the obligations of Lessee under this Lease. This Lease shall inure to the benefit of and be binding upon Lessor and any successors and assigns, and shall be binding upon Lessee, its successors and assigns, and shall in. ure to the benefit of Lessee and to only such of its assignees as have been consented to by Lessor or Assignee. 24. ENTIRE AGREEMENT. This Lease and any Schedule attached hereto contain the entire agreement between the par. ties and cannot be modified, amended, supplemented or rescinded except in a written instrument signed by both par. ties. Any provision of this Lease prohibited by law shall be in. effective to the extent of such prohibition without in- validating the remaining provisions of this Lease, unless the general intent of the Lease would be altered. 25. NONCANCELLABLE. This Lease is noncancellable and Lessee is obligated to perform the terms and conditions stated herein. 26. AUTHORIZATION TO SIGN. By execution hereof, the signer hereby certifies that he or she has read this Lease and that he or she is duly authorized to execute the same on behalf of the Lessee. 27. NO AGENCY. THIS LEASE, ANY VARIATION OR MODIFICATION OF THIS LEASE, ANY WAIVER OF ANY OF ITS PROVISIONS OR CONDITIONS OR CHANGES TO ANY SCHEDULE SHALL NOT BE VALID UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED OFFICER OR MANAGER OF LESSOR OR ASSIGNEE. LESSEE AGREES THAT NEITHER LESSOR NOR ASSIGNEE NOR ANY SALESMAN OR OTHER AGENT OF EITHER IS AN AGENT OF OR CAN COMMIT THE OTHER. ": -- .~ ID -CITY OF SAN BERNADINO AKOUNT OF LEASE - 482227.65 INTEREST RATE 7.250 PERIODIC PAYKENT- 21719.53 TERK 28 PAYKENT FREQ. 4 YEAR NO. 1 PER PERIODIC INTEREST PRINCIPAL Y-T-D Y-T-D OUTSTANDING NO. PAYKENT PORTION PORTION INTEREST PRINCIPAL BALANCE 1 21719.53 0.00 21719.53 0.00 21719.53 460508.12 2 21719.53 8346.71 13372.82 8346.71 35092.35 447135.30 3 21719.53 8104.33 13615.20 16451.04 48707.55 433520.10 4 21719.53 7857.55 13861.98 24308.59 62569.53 419658.12 YEAR NO. 2 1 21719.53 7606.30 14113.23 7606.30 14113.23 405544.89 2 21719.53 7350.50 14369.03 14956.80 28482.26 391175.86 3 21719.53 7090.06 14629.47 22046.86 43111.73 376546.39 4 21719.53 6824.90 14894.63 28871.76 58006.36 361651.76 YEAR NO. 3 1 21719.53 6554.94 15164.59 6554.94 15164.59 346487.17 2 21719.53 6280.08 15439.45 12835.02 30604.04 331047.72 3 21719.53 6000.24 15719.29 18835.26 46323.33 315328.43 4 21719.53 5715.33 16004.20 24550.59 62327.53 299324.23 TEAR NO. 4 1 21719.53 5425.25 16294.28 5425.25 16294.28 283029.95 2 21719.53 5129.92 16589.61 10555.17 32883.89 266440.34 3 21719.53 4829.23 16890.30 15384.40 49774.19 249550.04 4 21719.53 4523.09 17196.44 19907.49 66970.63 232353.60 YEAR NO. 5 1 21719.53 4211.41 17508.12 4211.41 17508.12 214845.48 2 21719.53 3894.07 17825.46 8105.48 35333.58 197020.02 3 21719.53 3570.99 18148.54 11676.47 53482.12 178871.48 4 21719.53 3242.05 18477.48 14918.52 71959.60 160394.00 YEAR NO. 6 1 21719.53 2907.14 18812.39 2907.14 18812.39 141581.61 2 21719.53 2566.17 19153.36 5473.31 37965.75 122428.25 3 21719.53 2219.01 19500.52 7692.32 57466.27 102927.73 4 21719.53 1865.57 19853.96 9557.89 77320.23 83073.77 ID -CITY OF SAIl BERKADINO AMOUNT OF LEASE - 482227.65 INTEREST RATE 7.250 PERIODIC PAY"ENT- 21719.53 TER" 28 PAY"ENT FREQ. 4 YEAR NO. 7 PER PERIODIC INTEREST PRINCIPAL NO. PAY~NT PORTION PORTIOIf 1 21719.53 1505.71 20213.82 2 21719.53 1139.34 20580.19 3 21719.53 766.32 20953.21 4 21713.09 386.54 21326.55 Y-T-D INTEREST 1505.71 2645.05 3411.37 3797.91 Y-T-D PRINCIPAL 20213.82 40794.01 61747.22 83073.77 .. OUTSTAIlDING BALAIlCE 62859.95 42279.76 21326.55 0.00 '. 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 9241B RAYMOND D, SCHWEITZER ACTING CITY ADMINISTRATOR September 29, 1986 Mr. Ernest R. Lake Regional Sales Manager GTEL - Business Systems 150 w. First Street suite 180 Claremont, California 91711 Dear Mr. Lake: This is Agreement 1986. to give you Notice to Proceed in accordance with the approved by Mayor and Council on September 22, !- According to Article V, section 1 of the Agreement, you shall have one hundred twenty (120) calendar days on or before January 27, 1987, to complete the telephone installation and ready for use in all required locations specified in the bid documents. city staff will make every effort to cooperate and work with GTEL during this process. Sincerely, - ::;:~z",<f/ Acting City Administrator cc: Mayor wilcox ~~i"'. PRIDEJN P RotRESS ".,..,< 1 ~;j'S~itP ~"., MC' - -; , STATE OrAUFORNIA " . ' . UNIFORM COMMERCIAL CODE - FINA - ~ STATEMENT - FORM UCC-1 (REV. 1/76) IMPORT ANT - Read instruct; .n back before filling aut form ' qUAD 23178' This FINANCING STATEMENT is presented for filing pursuant to the California Uniform Commercial Code. 1. DeaTOR (LAST NAME FIRST .IF AN INDIVIDUAU 1 A. SOCI....LSECURITYOR FEDEAAL TAX NO. Clt of San Bernardino 1 B. MAl LING ADDRESS '95-6000772 1 C. CITY, STATE 1 D~ ZIP CODE 300 North "0" Street 2. ADDITIONAL DEBTOR (IF ANY) lLAST NAME FIRST .IF AN INDIVIOUAU - San Bernardino CA 92418 2A. SOCIAL SECURITY OR FEDERAL TAX NO. 28. MAIl.ING ADDRESS 2C. CITY. STATE 20. ZIP COOE 3. DEBTOR'S-TRADE NAMES OR STYLES (IF ANY) 3A_ FEDERAL TAX NUMBER 4. SECUReD PARTY NAME GTE Leasing Corporation MAILING ADDRESS 12100 Wilshire BL., #925 CITY Los An eles STAYE CA 5. ASSIGNEE OF SECURED PARTY UF ANY} 4A. SOCIAL SECURITY NO.. FEDERAL TAX NO. OR BANK TftANSlT AHD A.8.A. NO. ZIP CODE 9 02 SA. SOCIAL SECURITY NO.. FEDERAL TAX NO. OR BANK TRANSIT AND "'.8.A. NO. NAME MAILING ADDRESS CITY STATE ZIP CODE 6, This FINANCING STATEMENT covers the following types or items of property !include description of real property an which located and owner of record when required by instruction 4). 2 GTE-2400 PBS (See attached equipment listing) 7. CHECK . ~ IF APPLICABLE I : 7A. I I 7B. DEBTORIS) SIGNATURE NOT REQUIRED IN ACCORDANCE WITH INSTRUCTION 51A) ITEM: 01,1 0(2) 0(3) 0(4) O PRODUCTS OF COLlATERAL ARE ALSO COVERED 8. CHECK 181 If APPLICABLE o DEBTOR IS A "TRANSMITTING UTILITY"IN ACCORDANCE WITH UCC i 9105 (1) tN) 9. DATEX . .t.fJfd- C o o E 10. THIS SPACE FOR USE OF FILING OFFICER (DATE. TIME. FilE NUMBER AND FILING OFFICER) TYPE OR PRINT NAMEtSJ OF DEBTOR(SJ Bernardino 2 ... 3 SIGNATUREISJ OF SECURED PARTYlIES) 4 5 TYPE OR PRINT NAMEIS) OF SECURED PARTYlIES) 1 1. Return copy to: 6 7 NAME ADDRESS Oll STATE ZIP CODE rGTE Leasing Corporation 12100 Wilshire BL., #925 Los Angeles, California U10025 I 8 9 o .J . FORM UCC.l ~ FILING FEE S 3.00 ?t. ~~ 7 ~5 " GTEL ~ , I . 800 North Haven Avenue, Suite 300 Ont.ario,. Ca/ifwnW. 91764 REC'O.:'AOMIN. On. \381 SEP I 7 r:4 12 ;; i In Reply Refer To September 2, 1987 Mr. Dean Gray City of San Bernardino 360 North "0" Street San Bernardino, CA 92418 Dear Mr. Gray This letter serves to clarify all issues regarding final system acceptance. As mutually agreed on, all locations are in proper working order according ta bid specifications. Based upon the walk-through of August 27, 1987, minor deficiencies are noted and will be corrected in a timely manner. Upon completion of construction of the third and fourth floors, all cable and reprogramming requirements will be fulfilled by COrT/Aid. We feel all items of mutual interest are addressed and, thus, request your signature on our Certificate of Acceptance. Your cooperation on this matter would be greatly appreciated. Sincerely ~~ RICHARD SCHMIDT Senior Account Executive GTEL - Eastern Region cc L Newberry R. Valentine L Lichty - GTEL - G TEL - CRC A subsidiary of General Telephone Company of California , GTE LEASING CORPORATION CERTIFICATE OF ACCEPTANCE (!iD " I Schedule No. LESSEE'S CERTIFICATE OF DELIVERY AND INSTALLATION The und.rslgned hereby certlfle. thllt ell Equlpm.nt covered by the ScheduleldentlfJed ebove end mede pur. .lIIInt to e I.... (the ..L.....') betw..n GTE L...lng Corporetlon .. I...or end thll undersigned e. I...... which Le... w.. .Igned by Ie.... on Sentember 29th .1886 . ha been delly.red to the uncierslgned .nd found ..U.fectory, thet In.lell.tlon th.reof hII. be.n ..tI.f.etorlly compl.ted end thllt the Equlpm.nt I. hereby uneondltlon.lly .cc.pt.d In .ecord.ne. with the t.rm. .nd condlllons of the .bove descrtbed L..... Further. thll und.rslgned .eknowl.dg.s thet GTE L...lng Corporation or Its ...Ign.. hes Ir. revOCIbl. rights re.ulllng from .uch .ce.plene., Including the right to rec.ly. peym.nts without off..t or defens.. The und.rslgn.d .Iso .eknowledg.s th.tthls Certlflc.t. of Ace.plene. will prey.lI. where rel.y.nt, In the ev.nt of . conflict with the L.... described .boy.. Th. und.rslgn.d further c.rtlfl.s ~h.t h./sh. h.s. or hils been d.leg.ted, the .uthorlty to .ec.pt the Equlpm.nt. DATED Sentember . 1987 By (L.S.) Location: 300 N. "D" street San Bernardino. CA TltI. Evlyn Wilcox, Mayor SUPPLIER'S CERTIFICATE OF DELIVERY AND INSTALLATION The undersigned hereby certifies that the aforesaid Equipment has been delivered, and that undersigned has completed the installation thereof In a workmanlike manner. DATE 7;' 171 ;?i:~~'''~ DII:V ~""I