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HomeMy WebLinkAboutOrdinance No. 406 CITY coLoNY. TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH '~//i~ r~_-o~ r7 r~ ~,~ z... IN THE AMOUNT OF $//Z~,5~.~O FOR THE PURCHASE OF ; A~ACHING THE ~PRO~D FORM OF CONTACT A~ PROV~ING AN EFFEC~ DA~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECT/ON i. That the City Manager of the City oi The Colony, Texas is hereby authorized to execute on behall of the City a contract with /~!/~.51r-~O~'7'l~tVI-~z_ in the amount o~ 8_//7s~ oo ~or the ~8~,~ O~ ~ ~~s The approved lorm ol such contract is a~tached hereto as Exhibit "A'~, and made a part hereoi for such purposes. SECTION 2. This Ordinance shall Take effect immediately lrom and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The APPROVED: ATTEST: Patti 3ones, City Secretary [S $ A L] Date of Lease: March 3, 1986 Lease No. 201 EQUIPMENT LEASE-PURCHASE AGREEMENT Lessor: First Continental Financial Corporation Address: 8080 North Central Expressway, Suite 850 Dallas, Texas 75206 Lessee: The City of The Colony, Texas Address: 5576 North Colony Boulevard The Colony, Texas 75056 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the items of Equipment (the "Equipment") described in Exhibit A attached to this Equipment Lease-Purchase Agreement (the "Lease"), upon the following terms and conditions: 1. Delivery and Acceptance. Lessee, or if Lessee so requests, Lessor, will cause the Equipment to be delivered to Lessee at the location specified in Exhibit A (the "Equipment Location"). Lessee will pay all transportation and other costs, if any, incurred in connection with the delivery of the Equipment. Lessee will accept the Equipment as soon as it has been delivered and is operational, or in the event that the manu- facturer or vendor allows a preacceptance test period, as soon as the test period has expired. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor an Acceptance Certificate (herein so called) in the form provided by Lessor. 2. Term. This Lease will become effective upon the execution hereof by Lessor. The term of this Lease will commence on the date the Equipment is accepted pursuant to Section 1 above and, unless earlier terminated as expressly provided for in this Lease, will continue until the Expiration Date set forth in Exhibit B attached hereto (hereinafter the "Lease Term"). 3. Rent. Lessee agrees to pay to Lessor or its assignee the Lease Payment (herein so called), including the interest portion, equal to the amounts specified in Exhibit B. The Lease Payments will be payable without notice or demand at the off~ce of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment date as set forth in Exhibit B and thereafter on the dates set forth in Exhibit B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 4 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, abatement, reduction, counterclaim, or recoupment for any reason whatsoever. If this Lease becomes an obligation which bears interest not exempt from taxation under Section 103(a) of the United States Internal Revenue Code of 1954, as amended, and the regulations and revenue rulings and procedures issued pursuant thereto from time to time (the "Code") due to a breach by Lessee of its representations, covenants and warranties under this Lease, and as a result thereof an Event of Taxability (hereinafter defined) ~occurs, at Lessee's option exercised not less than 60 days fol- lowing the Event of Taxability (a) the Lease Payments set forth in Exhibit B shall be recomputed to include interest at the rate of 12.5% per annum, provided, however, that the interest payments shall never exceed under any circumstances the statutory interest rate limitation applicable to cities, and Lessor and Lessee shall prepare and substitute in this Lease new Equipment Schedules reflecting such recomputed Lease Payments and re- flecting.~ recomputed Concluding Payment Amounts, or (b) Lessee shall exercise its option to purchase the Equipment for the then applicable Concluding Payment Amount plus the Lease Payment Differential (hereinafter defined). The Lease Payments coming due on or after the Date of Tax- ability (hereinafter defined) shall be recomputed on an amortizing basis, using as the principal amount the Concluding Payment Amount set forth opposite the Lease Payment Date on or immediately prior to such Date of Taxability and suoh increased interest rate, it being agreed that the number and Lease Payment Dates of such Lease Payments shall not change. When used herein, the term "Event of Taxability" shall mean the issuance of a statutory notice of deficiency by the Internal Revenue Service, or a ruling of the National Office or any District Office of the Internal Revenue Service, or a final decision of a court of competent jurisdiction, which holds in effect that, by reason of a violation of or failure to comply with the provisions of Section 103(a) or any other applicable Section of the Code and the applicable regulations thereunder, the interest component of any Lease Payment is includable for federal income tax purposes in the gross income of the Lessor or any assignee of the Lessor. When used herein, the term "Date of Taxability" shall mean the date upon which the interest component of the Lease Payment shall become includable for federal income tax purposes in the gross income of the Lessor or any assignee of the Lessor as a result of an Event of Taxability. In the event that the amount of each Lease Payment is recomputed as set forth above, Lessee covenants and agrees to take all actions necessary to secure the additional funds needed to make the Lease Payments due under this Lease, but pending receipt of authorization of funds to pay the increased Lease Payments Lessee shall continue to pay the Lease Payments when due to the full extent of legally available funds. As soon as funds are legally available to pay the increased Lease Rental Payments, (a) Lessee shall pay to Lessor an amount (the "Lease Payment Differential") equal to the difference between the increased Lease Payments coming due on or after the Date of Taxability and the amount of Lease Payments actually paid for such period, and (b) subject to the provisions of Section 4, shall thereafter pay to Lessor the increased Lease Payments when due. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent neces- sary in 'each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefore and in that regard Lessee represents that the use of the Equip- ment is essential to its proper, efficient and economic operation. 4. ~. Nonappropriation of Funds. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for Lease Payments due under this Lease, then the Lessee will immediately notify the Lessor or its assignee of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments herein agreed upon for which funds shall have been appro- priated and budgeted or are otherwise available. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Lessee shall have no right to terminate this Lease under this Section 4 if, during the fiscal period that termination cf this Lease would have otherwise occurred, any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or any other equip~ ment performing functions similar to the Equipment. During the Lease Term, Lessee shall not give priority to the application of funds for the acquisition, retention or operation of any equipment performing functions similar to the Equipment. If Lessee terminates this Lease pursuant to this Section 4, Lessee agrees to not purchase, lease, rent or otherwise acquire the use of equipment performing functions similar to the Equipment during the period commencing on the date of termination of this Lease and ending on last day of the fiscal period following the fiscal period during which the termination occurred. 5. Limitation on Warranties. Lessee acknowledges and agrees that the Equipment is of a size, design, and capacity selected by Lessee; that Lessee is satisfied that the Equipment is suitable for its purpose; that Lessor is neither a manufacturer nor a vendor of the Equipment; and that LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION, WAR- RANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, -3- FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO, AND LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFOP. MANCE OF THE EQUIPFfENT AND THE MAINTENANCE THEREOF. Lessor hereby assigns to Lessee during the Lease Term, so long as no Event of Default has occurred hereunder and is continuing, all manu- facturer's warranties, if any, expressed or implied with respect to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnishe~ in connection with such warranties at Lessee's expense. 6. Representations and Warranties. Lessee represents and warrants as of the date hereof and at all times during the Lease Term that: (i) Lessee is a fully constituted political subdivision or agency of the State of Texas; (ii) the execution, delivery and performance by the Lessee of this Lease and all documents executed in connection therewith (the Lease together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized by all necessary action on the part of the Lessee; (iii) the Lease Documents each constitute a legal, valid and binding obligation of the Lessee enforceable and in accordance with their respective terms; (iv) the entering into and performance of the Lease Documents will not violate any judgment, order, law or regulation applicable to the Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment or any assets of the Lessee pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument by which the Lessee is a party or by which it or its assets may be bound; (v) there are no actions, suits or proceedings pending or, to the knowledge of the Lessee, threatened against or affecting the Lessee in any court or before any governmental commis- sion, board or authority, which, if adversely determined, will have a material, adverse effect on the ability of the Lessee to perform its obligations under the Lease Documents; (vi) no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Lease Documents; (vii) the Equipment is personal property and when subject to use by the Lessee, will not be or become fixtures under the laws of the State of Texas; (viii) Lessee has observed and complied with all public bidding procedures regarding the award of the transaction contemplated in the Lease Documents to Lessor; (ix) Lessee has sufficient appropriations or other funds available to pay all Lease Payments and other amounts due hereunder for the current fiscal period; (x) the use of the Equipment by Lessee is essential to Lessee's proper, efficient and economic operation; - 4 - (xi) no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than the Lessee; (xii) no portion of the Equipment will be used by an organization described in Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended (the "Code"); '(xiii) Lessee will not take or permit any of its officers to take any action with respect to the Lease which would cause the obligations of Lessee under the Lease Documents to constitute "arbitrage bonds" as that term is defined in Section 103 of the Code; (xiv) Lessee will not take or permit any of its officers to take any action with respect to the Lease or the Equipment which would cause the interest portion of each Lease Payment to become subject to federal income taxation under the Tax Reform Act of 1985 in the form passed by the United States House of Representatives as H.R. 383§ or in the form in which it may be finally enacted (the "Tax Form Act"), if the Tax Reform Act is applicable to the Lessee; and (xv) at the request of Lessor, Lessee shall use its best efforts to cause this Lease to be designated a "qualified project bond" for purposes of Section 802(e)(3)(B)(iv) of the Tax Reform Act. Lessee shall deliver to Lessor an opinion of Lessee's counsel in form and substance acceptable to Lessor, dated the date of acceptance of the Equipment pursuant to Section 1 hereof, as to the validity of the state- ments made in subsections (i) through (viii) above, inclusive. A duly authorized officer of Lessee shall execute and deliver his certificate, dated as of the date of acceptance pursuant to Section 1 hereof, as to the validity of the statements made in subsections (ix) through (xii) above, inclusive. If requested by Lessor, Lessee shall deliver its certificate in form and substance acceptable to Lessor described the facts upon which the statement contained in item (xiii) above is based. 7. Title. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 4 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its assignee. 8. Security Interest. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equip- ment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest, and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. -5 - 9. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a landlord or mort- gagee waiver with respect to the Equipment. 10. Use; Repairs. Lessee will use the Equipment in a careful manner of the use contemplated by the manufacturer for the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of its possession, use or maintenance. Lessee, at its ex- pense, will keep the Equipment in good repair and furnish all parts, mechanis~s and devices required therefor. If the Equipment is such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party satisfactory to Lessor. I1. Alterations. Lessee will not make any alteration, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, addition or improvements may be readily removed without damage to the Equipment. 12. Location; Inspection. The Equipment will not be removed from, or if the Equipment consists of rolling stock, its permanent base will not be changed from, the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operatiom. I3. Liens and Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Agreement. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the owner- ship, leasing rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges, and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes for which Lessee is responsible or liable under this Agreement, Lessee shall reimburse Lessor therefor. 14. Risk of Loss; Damage; Destruction. Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at - 6 - the option of Lessor will: either (a) replace the same with like equip- ment in good repair; or (b) on the next Lease Payment date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease Payment due on such date; and (ii) an amount equal to the applicable Concluding Payment set forth in Exhibit B. In the event that Lessee is obligated to make such payment with respect to less than all of the equipment, Lessor will provide Lessee with the pro rated amount of the Lease Payment and the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of loss. 15. Insurance. Lessee, will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, coverin~~ such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, may self-insure against any or all such risks. In no event will the insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment. Each insurance policy will name Lessee as an insured and Lessor or its assigns as an additional insured and loss payee, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make avail- able to Lessor all information and documentation relating thereto. 16. Indemnification. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorney's fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection or return and the recovery of claims under insurance policies thereon. 17. Purchase Option. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that there is no Event of Default, or an event which with notice or lapse of time, or both, could become an Event of Default, then existing, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Exhibit B by paying to Lessor, on such date, the Lease Payment then due together with the Con- cluding Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that Lessor will warrant to Lessee that the Equipment is free and clear of any liens created by Lessor. 7 18. Assignment. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment, or (ii) sublet or lend the Equip- ment or ~permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any other documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors and assigns of the parties hereto. Upon assignment of Lessor's interests herein, ~essor will cause written notice of such assignment to be sent to Lessee which will be sufficient if it discloses the name of the assignee and address to which further payments hereunder should be made. No fur- ther action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. Lessee shall retain all notices of assignment and maintain a book-entry record which identifies each owner of the Lessor's interest in the Lease. Upon Lessee's receipt of written notice of Lessor's assignment of all or any part of its interest in the Lease, Lessee agrees to attorn to and recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such payments, including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee. 19. Events of Default. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events: (a) Lessee fails to make any Lease Payment (or any other pay- ment) as it becomes due in accordance with the terms of this Lease; (b) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; or, (c) The discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in any writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading, or erroneous in any material respect. 20. Remedies. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: - 8 - (a) By written notice to Lessee, declare an amount equal to all amounts then due under this Lease for the balance of the then current fiscal year of Lessee and all remaining Lease Payments due during the Lease Term to .be immediately due and payable, whereupon the same shall become immediately due and payable; (b) By written notice to the Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 4 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; ~' (c) Sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other payments due for the balance of the then current fiscal year of Lessee to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and, (d) Exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Loca- tion or any other applicable law or proceed by appropriate court action to enforce the terms of this Lease or to recover damages in the amount of all lease payments due through the balance of the then current fiscal year of Lessee for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 21. Notices. Ail notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, 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 notice shall be deemed to have been received five days subsequent to mailing. 22. Section Headings. Ail section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 23. Governin~ Law. This Lease shall be construed in accordance with, and governed by the laws of, the State of Texas. -9- 24. Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the Transaction contemplated by this Lease. At the request of Lessor, Lessee will furnish Lessor annual financial statements of Lessee wi. thin forty-five days after the end of Lessee's'fiscal year. During the Term of this Lease, Lessee will provide to Lessor annually the applicable budget with proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this Lease as may be reasonably re- quested by Lessor. 25. No Waiver. Nothing herein shall be deemed a waiver by the Lessee of its g~vernmental powers. 26. Entire A~reement; Waiver. This Lease, together with the Accept- ance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, consti- tute the entire agreement between the parties with respect to the lease of the Equipment, and this Lease shall not he modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provi- sion of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. LESSOR: LESSEE: ~ar)y~rtadman~ President Nam '~Ja~ice Carroll ' Title: City Manager - 10 - EXHIBIT "A" EQUIPMENT DESCRIPTION ITEM QUANTITY DESCRIPTION VEHICLE/IDENTIFICATION NUMBER 1 2 1986 Chevrolet 3/4 Ton 1GCFC24HOGJ144276 Pick-up Truck Model 1GCFC24HOGJ144214 CC20903 2 2 1986 Chevrolet Pick-up 1GCBS14R4G8127850 Truck Model S-10 1GCBS14R4G8127917 3 5 Ford Crown Victoria 2FABP43F7GXI62138 Police Vehicles 2FABP43F5GX162137 2FABP43F3GX162136 2FABP43F1GX162135 '2FABP43FXGX162134 4 1 Ford Crown Victoria Fire Chief Vehicle 2FABP43F9GX162139 EQUIPMENT LOCATION All Police Vehicles will be in the Posession of the Police Officer to whom issued, and will remain at all times within the City limits of the City of the Colony. Ail other vehicles will be kept at: City Hall 5576 North Colony Blvd. The Colony, Texas - 11- THE CITY OF THE COLONY, TEXAS EXHIBIT B - PAYMENT SCHEDULE LESSEE'S FISCAL PERIOD: OCTOBER 1 EXPIRATION DATE: FEBRUARY 28, 1989 LEASE PAYMENT INTEREST PRINCIPAL LEASE CONCLUDING DATE PORTION PORTION PAYMENT PAYMENT 03/28/86 '~ 0.00 3277.25 3277 25 103108.27 04/28/86 735.81 2541.44 3277 25 100453.97 05/28/86 717.27 2559.98 3277 25 97783.63 06/28/86 698.61 2578.64 3277 25 95097.15 07/28/86 679.81 2597.44 3277 25 92394.45 08/28/86 660.87 2616.38 3277 25 89675.41 09/28/86 641.79 2635.46 3277 25 86939.95 10/28/86 622.58 2654.67 3277 25 84187.96 11/28/86 603.22 2674.03 3277 25 81419.35 12/28/86 583.72 2693.53 3277 25 78634.01 01/28/87 564.08 2713.17 3277 25 75831.84 02/28/87 544.30 2732.95 3277 25 73012.74 03/28/87 524.37 2752.88 3277 25 70176.61 04/28/87 504.30 2772.95 3277 25 67323.34 05/28/87 484.08 2793.17 3277 25 64452.84 06/28/87 463~72 2813.53 3277 25 61564.99 07/28/87 443.20 2834.05 3277 25 58659.70 08/28/87 422.54 2854.71 3277 25 55736.85 09/28/87 401.72 2875.53 3277 25 52796.34 10/28/87 380.76 2896.49 3277 25 49838.07 11/28/87 359.64 2917.61 3277 25 46861.93 12/28/87 338.36 2938.89 3277 25 43867.80 01/28/88 316.93 2960.32 3277.25 40855.58 02/28/88 295.35 2981.90 3277.25 37825.17 03/28/88 273.61 3003.64 3277.25 34776.45 04/28/88 251.71 3025.54 3277.25 31709.31 05/28/88 229.65 3047.60 3277.25 28623.63 06/28/88 207.43 3069.82 3277.25 25519.32 07/28/88 185.04 3092.21 3277.25 22396.25 08/28/88 162.50 3114.75 3277.25 19254.31 09/28/88 139.79 3137.46 3277.25 16093.39 10/28/88 116.91 3160.34 3277.25 12913.37 11/28/88 93.87 3183.38 3277.25 9714.13 12/28/88 70.65 3206.60 3277.25 6495.57 01/28/89 47.27 3229.98 3277.25 3257.57 02/28/89 23.70 3253.55 3277.25 1.00 13789.16 104191.84 117981.00