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Res 1998-101
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4/23/2007 4:45:24 PM
Creation date
4/16/2007 2:56:15 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-101
Date
5/18/1998
Volume Book
133
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<br /> LEASE SCHEDULE NO. 1000065894 <br /> Dated As Of May 15. 1998 <br /> This Lease Schedule, toGether with its Pavment Schedule, is attached and made a part of the Master Lease-Purchase <br /> Agreement described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of the <br /> Master Lease are incorporated herein by reference. Unless otherwise deñned herein, capitalized terms deñned in the Master <br /> Lease will have the same meaning when used herein. <br /> Master Lease-Purchase Agreement dated May 15. 1998 <br /> A. EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto and <br /> made a part hereof. <br /> B. EQUIPMENT LOCATION: 630 E. Hopkins <br /> San Marcos. Texas 78666 <br /> C. ACCEPTANCE OF EQUIPMENT: AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS <br /> RECEIVED AND INSPECTED ALL EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES <br /> WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; @ LESSEE ACCEPTS ALL EQUIPMENT FOR <br /> PURPOSES OF THE LEASE "AS-IS, WHERE-IS"; AND (d) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEP- <br /> T ANCE. <br /> D. ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment is <br /> essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the <br /> Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with <br /> the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this <br /> Le,*,e; and to make Rental Payments if funds are appropriated in each fiscal year by its governing body. <br /> E. RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the commencement date <br /> thereof and the Lease Term of this Lease Schedule are set forth on the Payment Schedule attached to this Lease Schedule. <br /> F. RE-AFFIRMA TION OF THE MASTER LEASE: Lessee hereby re-affirms all of its representations, warranties and obligations <br /> under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 <br /> thereof and its representations in Sections 6.1 and 16 thereof). <br /> Escrow Acceptance Date: <br /> <br /> LESSEE: LESSOR: <br /> City of San Marcos <br /> By: l1-~ -1 ki. ~ By: <br /> Title: CITY NAGER Title: <br /> 630 E. Hopkins 1111 Polaris Parkway. Suo e A-3 <br /> San Marcos. Texas 78666 Columbus. Ohio 43240 <br /> <br /> I <br /> MLDS 01 (4/26/96) <br />
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