Res 1995-083 - Laserfiche WebLink

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,. ( r 13/e-. , ; DELIVERY ORDER NO. One LEASE-PURCHASE AGR~ NO. 1~ DATED AS OF April19~ 1995 LESSEE: City of San Marcos DATE: As of April 19, 1995 630 East Hopkins San Marcos, Texas 78666 LESSOR: Banc One Leasing CDrporation Municipal Leasing Division 1401 17th Street, Suite 900 Denver, CDlorado 80202 1. EQUIPMENT DESCRIPTION. The Equipment covered by this Delivery Order is as described in Exhibit A hereto. 2. TERM AND ACCEPTANCE. The Term of this Delivery Order shall commence upon execution hereof by Lessee and Lessor and terminate upon the payment by Lessee of the last Rental Payment required' to be made by it in accordance with Exhibit B hereto. Lessee hereby authorizes its City Manaqer to execute and deliver each Receipt Certificate. 3. RENTAL PAYMENTS. The Rental Payments required to be made under this Delivery Order and in accordance with the terms of the Agreement shall be made in the amounts, in dollars CU.S.), and at the times set forth on Exhibit B hereto. All Payments and other amounts due hereunder or the Agreement shall be paid to Lessor at its address set forth above or in such other manner as Lessor shall notify Lessee of. 4. CERTAIN REPRESENTATIONS AND WARRANTIES AND DESIGNATION. (i) Lessee hereby confirms, represents and warrants as follows: (a) all representations and warranties made by Lessee in the Lease (specifically including those contained in Section 16 ofthe Lease) or any document or certificate furnished pursuant to the Lease are true and correct as of the date hereof with the same effect as though made on the date hereof; (b) there bas not occurred nor is there presently continuing an Event of Default under the terms of the Lease. nor any other event which with the giving of notice or the lapse of time, or both, would become an Event of Default; and (c) funds sufficient for the payment by Lessee of the Payments and other amounts with respect to this Delivery Order for its current fiscal year have been duly budgeted and appropriated and are available for such payment by Lessee. (ii) This Lease represents a valid deferred payment obligation of Lessee, for the amount herein set forth and that Lessee has the legal capacity to enter into the same and is not in contravention of any town/city, district, county, or state statute, rule regulation, or other governmental provision. LESSEE CERTIFIES THAT IT HAS DESIGNATED THE OBLIGATION CREATED BY THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECI'ION 265 (B) (3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FURTHER IT HAS NOT DESIGNATED MORE THAN $10,000,000.00 OF OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SEGrION FOR THE CURRENT CALENDAR YEAR AND REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF QUALIFIED TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000,000.00. CERTIFIED COpy