Res 2000-047 - Laserfiche WebLink

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Multiple Disbursements 20. Loan No. 6203-01 MUNICIPAL LEASE AGREEMENT LESSEE: CITY OF SAN MARCOS. TEXAS Name of Municipality or Public Entity 630 E. Hopkins Address San Marcos City Telefax # (512)392-4612 Hays County Texas State 78666 Zip This Lease Agreement (the "Lease"), dated as of March 31 , 2000, establishes the general terms and conditions under which USTON COMMUNITY BANK, N.A. (the "Lessor"), whose address is 11390 Veterans Memorial Dr., P.O. Box 670527, t1ouston. TX 77267-0527 Telefax Number illiL may lease the equipment and other personal property to Lessee set forth in the Equipment Schedule attached hereto as Exhibit "A" and incorporated herein by reference (the "Equipment Schedule"). 1. LEASE. By execution and delivery by Lessee to Lessor of this Lease, and upon acceptance by Lessor and satisfaction by Lessee of all conditions precedent set forth herein, Lessor shall lease to Lessee, and Lessee shall hire from Lessor, the equipment and other personal property described in the Equipment Schedule, all on and subject to the terms and conditions set forth therein and herein. The equipment and other personal property described in the Equipment Schedule, together with all replacement parts, additions, modifications, repairs and accessories incorporated therein and/or attached thereto, is severally and collectively referred to herein as the "Equipment." This Lease shall not be cancelable or terminable by Lessee except as provided herein. Lessee hereby authorizes and empowers Lessor to unilaterally amend the Equipment Schedule from time to time by inserting information more fully identifYing the Equipment or any part thereof and irrevocably constitutes and appoints Lessor its true and lawful attomey- in-fact for the purpose of executing and filing from time to time in Lessee's name such financing statements describing the Equipment or any part thereof as Lessor deems appropriate. 2. DELIVERY AND ACCEPTANCE OF EQUlPMENT. Upon completion of each item of Equipment and delivery thereof (and, if such item of Equipment requires installation, installation of such item of Equipment), Lessee will promptly inspect and test the Equipment and, if the Equipment is in good order and conforms with any applicable purchase order, Lessee will promptly accept delivery of the Equipment on behalf of Lessor and shall forthwith execute and deliver to Lessor a duly completed Certificate of Acceptance in form and content acceptable to Lessor, which shall set forth, among other things, the date that Lessee accepted delivery of the Equipment on behalf of Lessor (the "Certificate of Acceptance"). Upon Lessee's acceptance of the Equipment, Lessee's mises and covenants contained herein become irrevocable and independent. 3. CONDITIONS PRECEDENT. In no event shall Lessor have any obligation to purchase any Equipment and lease the sameto Lessee until and unless Lessee shall have delivered or caused to be delivered to Lessor and Lessor shall have in its possession each of the following, in form and substance acceptable to Lessor: a. Such resolutions or authorizations and other documents relating to the authority of any person executing this Lease and/or any other document, instrument or agreement executed, delivered or undertaken on behalf of Lessee in connection with this Lease, as Lessor shall require; b. An originally executed copy of this Lease with all exhibits, schedules and attachments hereto fully completed; c. An Assignment of Purchase Order Agreement, a copy of all sale or purchase contracts regarding the Equipment entered into between Lessee and the manufacturer or vendor of the Equipment, a copy of all purchase orders regarding the Equipment issued by Lessee, the original invoices regarding the Equipment issued by such manufacturer or vendor to Lessor, and the original bill of sale, if any, issued by such manufacturer or vendor evidencing the transfer of title to such Equipment to Lessee; d. A duly completed and executed Certificate of Acceptance regarding the Equipment which evidences, among other things, that Lessee has accepted delivery thereof on behalf of Lessor. e. Evidence of due compliance with the insurance provisions of Section 13 hereof; 1