Loading...
14-R-39 - Buy Board Wells Fargo - MowersA RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MASTER LEASE AGREEMENT FOR THE PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council ") of the City of Schertz, Texas (the "City ") has determined that it is in the best interest of the City to enter into a master lease agreement and related documentation for certain Parks, Recreation, and Community Services Department equipment; WHEREAS, the City may acquire such equipment and enter into such master lease agreement by utilizing the State- approved Buy Board Purchase Program; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manger to execute and deliver a master lease agreement and related documentation for the Parks, Recreation, and Community Services Department to acquire the equipment set forth on Schedule A hereto (the "Equipment "). Such master lease agreement shall have terms consistent with the terms set forth on Schedule B hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which` - this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50307164.1 PASSED AND ADOPTED, this 6th day of May, 2014. CITY OF S TZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50307164.1 Master Lease Agreement Master tease Agreement # dated X03, flirt llw ip' w • Lessee (fuillegalnure} Fed Tax lO co•Lessee(fun legal rams) FedlaxlD Ictty of sclicrw, Texus 7J-i Y6,n by I I I Address Address 1IW schnrtz 1%,T 1 1 Clly Slate County Zip Code Gty state County Zip code 1Scherti 1111x i 178154 1 1 1 1 I In this Master Lease Agreement (this "Master Agreement "), the words "You" and "Your" refer to the Lessee (or d a co-Lessee Is indicated above, the Lessee and Co-Lesses, kindly and severally) )ndkaled above. Thewords "We," "Us" and "Cur" refer to Wolla Fargo Financial Leasing, Inc. 1. LEASE OF EQUIPMENT. We agree to lease to You, and YOU agree 10 lease from U6, the it Termination Buycd,whiehwig be an am0amt detarined by US In Oursole dsentren based upon the equipment listed on each Equipment Lease Sehadtte (logather Will 8:1 accwssones, otacfvMnls, roaoeing factors: (I) Lease Payments than du), (N) the present value of all remaining future lease =antsreplacements, subsbhu6ons, repla ment parts, add,bons and rop"s: now or hereafter uxaporated . "Equipment") by payments, (R) the pfasent value of rte booked residual of the cep ita bla Equipment, and (Av) other amxed thereto a used n correction itiefaldh, the now w Weather executed You and Us (each, a `Schodula'), upon the tents and conditions set forth to the Schedule and, as amounts due or to become We under the Lease, and (2) on Opvon mromn Date In order for You to exerdse theTerainaaenOpbon, We mat recelve Yourpaymotd of tyre Termination "oulon or bero(e Incorporated there;n, ills MaslafAgfeement. Each ScMdulo shall be in form and substance accOptaq'e the Option Expiration Dale, In %filch case You shall purchase the applicable Equipment for the amount to Us, shafl lnooryorale an of the larms and coldNons of this Master Agreemenl, and short Constitute a of the Termination Option "AS IS, WHERE is" from Us You mill be solely responsible for on and all separate lease between You and Us, As Used herein, the term hl azse• shall refer 10 each Schedule taxes and ether charges associated with Your puchase of Equiplrant If We do not receive Your enleredinte In acarxdmlce wN ulfa Bataan 1, In the event of any conflict between the proMslons of INS payment of the Termination Buyout on or before the Opban Explratod Date, IkeTerrrtnabon Option wll Master eemertl and the provisions of any SchedrAO, the provisions Or flue Mosier Agle0ment shall automatically expire wool. YW promise to pay b Us the Lease payment undated In each Lease, pus air corer arrotmts 6, AUTOMATtO PSNEWALf PURCHASE OPTION. With respect to each Lease: that may betana due under each Lease A. Qeyunal Tenn PeOvIsioms The fdbtving Irons apply during the OrNbral Temr of the Least Z MISCELLANEOUS, In addition, You aut1=6 Us to msed or correct mussing or Inwrrea Informattan on Ws Master Agreement or any Lease a( any urns. You agree to all the leems and unless the Original Term Purchase Option Price sat forth In the Lease Is $100 (m which case conddtors act faith on this page and those set forth on the next pagareverae side of this Mosier Subsecdon C, bakes, Is applicable): Agneotrem, that those terms and conditions are a complete and exclusive statement of Our agreement, that they sup ofWq e,1 prior one or written negotiations, understandings and commitments, and that (1) Automatic Renewal; Eremite of Other Opt", Unless You nobly Us in writing at Its sit 00 days borate the end of the Odgamar Term that You Intend to either exercise the they may, be modtked only by wittloo agteenueeml between You and Us. Oral of written promses Or Purchase Option (If any) described In Subsection (2), bohow orrourt the Equipment at agreements that Bra not written In this MaMerAg(earrent (inducing, without fmuallon, those contained the end or the Orlginel Teary them in any purchase agreement or order entered Into orlosued in comecbon wth tho Eghdpri ardor this (a) If a Renewal Term Is set forth to the Lease; (q the Lease rdll automabcaly renew Master Agreement or any Lease) shall not be binding upon Us, Any delay u fedure in Our enrMbng rot that Renewal Tent (U) the Renewal Tenn YA4 ecnvnence imeredtalely Upon the any right a seefdng arty remedy Contained heretn of otherwise, shah not constitute a wdver of any such explrabon of No Original Term on the same terms and condibons except to amount of right or remedy YOU represent, warrant and agree that time EtpnpenMl ail be used for comrrordal each Lease Payment shat be equal to the Renowsit Lease Payment Indicated In the was 4 r4tt fcr W pmn� MasIEY Lease, and (a) the drat Renewal Lease Paymen( will be due on Ilia first day of the IndW dsfoof dare notashous n4ve -dons of thb Leale.f This Master Lease and each Lease rray be executed in any number of eeunlerpens, each of whieh shal be deemed to be an ongmd, but or W which together shut constitute the $ame instrument You adowwiedge that (b) If of Renewal Tema is set loNt In the Lease, You will return the Equipment You have received of A copy of We Master Agreement and agreo that a f rosmie or other dopy of this ururedalely upon the oxprabon of the Ortgbhal Term In accordance Will Sechon 15 of this Master Lease, Master Agreement and each Lease aimed be as enforreable as the original executed Master Agreem ru, Trill Master Agmeeneshl Is nW binding upon an Us unless and uM We accept it by signing halo&. If You U You do nobfj Us In wnleg wift the We period set foal above the. You intend to return are a lamnershp Or a cotporeoon, LLC w other legal entity, You reprased and warrant that that the me Equipment at the end of such Tercet You shall re hrri the Eopment pursuant to Secaom 16 of (ys Lease, if do Us in the lue tort that You ezec,bon and delivery of tt4s Master Agreement and You performance of Your obligations hereuraier have been duty suthorved by air necessary company Action, and that me person signing this Mallet you rabty noting %i;hut peiod set above intend to exam" the Purehasa Opum 6f any) desolbed in -lubtectim (2), below, You shad Agreement on Your behalf has been duyauthon%ed t0 do SO YOU repe6t0nt Arid warar Ihaf al(of the purchase the Equipment from Us Immediately Upon the eutplraum of the Onglnd Term under information subentled to Us in oonned0on wth INS Master AgreamOM end each L0060 (including, irks remit and tonduons set foe h In SUbsecMiJ2), below without M9lauon Information coninin6d In the orenl3pptceton and any foanclal statements) and the (2)PWCh ag Option. Subject to Subsection (1), abnya, so long as You are not In detaut Lessee Information set forth above are true and correct Time Is of the essence of this Msslar under Uns Master Lease, it a there Is an amount set forth in the Lease as a Ongmal Term Agreement and each Lease. This Mailer Agreement not any Lease Is binding upon on Us Until We purchase Option Price, You shall have the option to purchase the Equipment at the and of the accept by silhirg the same, You may rotlemmete any Lease except In accordance with Section 6 of Original Term of the Lease "AS 19, WHORE IS" for that odes You wit be solehy respmndde 1hisMasterAgteemert, for any and at texas and other charges associated Wh Your purchase of EgdpmenL We 3, ORIGINAL TM OF LEASE. Thu, Original Term of each Leasevdg begin on a date designated shall not have any delivery obbgationsvath respect to any Equipment, W Us after We have executed the Lease and received oil rogdred docuarrinlabon (the 8. Renewal Tom Pro%siona (Automatic Renawmt The fdlaMng terms apply during each °Commencement Date ") and wits cortbrue for the number W months designated as the Orgnat Term Renewal Term (dome) of gha Lease, on the Least As used heron, °Term" shell mark with respect to each Lease, Ste Odguud Term ding term edenson 3hefecG And each Renewal Teri{ antlered Inl0 paeUanl to Saucer 8 Of We, Unless You notify Vs In writing at Least 60 Jaya before the and or the then - surreal Mdu A ier Agreement Renewal Term that YOU Intend to rotufn the Eg4ipmcntit the end or that Renewal Tenn, 4, LEASE PAYMENTS. You agree to pay Us the amount specified in each Lease as the Lease then (I) be Letsews amomiaugty renew (Of an additional Renewal Tenn (m7 the addbonall Renewal Term will commence mmediately upon the aviation of the Inert- current Rawer Payment Arrmull (plus any and all applicable Taxesi Men each such payment is due (each, a ° Leasa Term M the same Terms and cordmons, and (im the best Renewal Lease Payment for the Payment "). UNess We nobly You in %nbng otherwise, and Lease Payments are payable in advance addtonai RenewnlTerm will be Qqa M the trot day o(thd addmona) Reneuaf Term periodically as staled fn eadh Lagee if yes choose to male payments elecUOrdc0y, the %dI pmAde You with an Authenzabon AgreemMt for Electronic Payments. Res(nclve, endorsements on chews YOU period i 1f YOU do roily Us in wntulq wvmnln Imo time period set roN1 above Unit You intend to return ft b U 00 nenl send to Us wit not reduce Your abltgauone to Us Art payments received Will be aped to past due the Equipment at the end in the Uin the env se Toren, You shag return ulte Equipment to nt at t 15 of this Lease, Wlaues, Texas, teas, Idte charges and na turemamoum hen duce, q In such order as We may, from bma-to -ante, doemerne To the extent permitted byippikahlei low-. (a) each &na s lease PAYmmrd C. st Oo Purdiase Ot>bort Pmdalonz NaMithslandng the provisions in 5ubsectons A. and 8_ or other amount la non received by Uswilhln ten (10) days of Its due date, You agree In pay Us a above, If the Orignal Tern purchase Opum price in We, Lease Is 5100, You shall have the late charge equal to s.6 of the Amount that in late jet the maxlrtl amount perNttad by onto purchase Equipment at the and of the Ongnal Term of the Lease "AS IS WHERE, applicable law If less) and (b) U arty check You send to Us Is teturrW for IASUKtrent funds or IS" for ST,00 eo as (I) You have (uiy oMVIOd %101 Una forms end ,pndsons of the Lease. ja any other reason, You agree to pay Us, within 30 days, a fee equal to $20.00, rt) the Lea69 has been terminated, amp (N) all of Your obligations Under (he Lease h avebeen S, EARLY TERPANATION, So long es You do not deiced( Under any L6ase Or Oley agreement lf eel Yu solely responsible for any and ail taxes and other chefgas associated vain YWt purchase or the Equipment. We shall not have any dobvefy obligations w11h raspe0t to any between You and Us, You may terminate any Lease (n whole or %Atli respect to any spoahc Items or Equipment, Equipment) before too toplrabon of any Term as foffosys: (a) You may subml to US a wmilen tequestfor eady taffrinallon that Identities tie appuceble Lease and me EgltppmeAt You %Ash to porcfiase, and (b) AllerWereceWa YourrecuMLWewllxWdoYalvAthey4dfen Te(mnabon Optonlhalindudes; (1) Lessee, City of $00ty Texas co-Lessee, By., Oal�' *' Dr. Date._ NameRrie, Jahn I:ussul, Gity Manugt:r Namerrtle, Lassor, WELLS FARGO 171WANCIALLEASING, INC. ^� 8y; rv1 <_. _ Dale Des Monas, to %a p Terns and condhioM or this Master Agreement are aordfnued on the reverse side)Page 2 hereof, #2404170 vi (1025/13) Page 1 of 2 ORIGINAL 7, DELIVERY, LOCATION AND OWNERSHIP OF EQUIPMENT, You vtll .kseP and use the Equipment only at the EquPmenl Loptlon Ado e5s Idenkged fn the applicable Lease Tne Equipmeni Shall not be tamoved tram that address unless You first gat OLrw.nhan penmssion to move it You f11N1 give Us end any desrgnoe d QUrs accts l to the premfsesv4104 the EquipPment is bcahtd so milWe (Or Orgy dergnee) may inspect tha Equ iarenea mdstancs, bcatran, i swllaoon, condition andor proper mamlenance Weare fhe ownef of the Equpmenl and have lido to the Equ<prnanL All fepldCBme X pa ts, accessories and repays poll became Our property, You shot keep the EgVOMOnl free ON clear Of all mortgages, pledges, security bteresls, Yens, levies, encumbrances, dolms and any Other charges (other Inan those specifically c(ealod of permitted in WahOg by Us), and shall not reuse, of peril any EgLmpnWl to became attached cr attrad 10 feel propeny. You agree the EgUpmem is and shat rormn personal property. a. NO WARRANTIES, WE ARE L5ASI Q THE COLePMENT TO YOU "AS W. WE HAVE NOT emitted under Article 2A of the Uniform Commercial Code (as esilurg and as hereafter amended from lime- to.lme, the "UCC") to the promises end warranties pndudmg those of any third party) provided to Us by the abova(ete(enced supplier of me FAUIPment Una "supplier) m O MAtCO,an VAm of as pert Of ine contact M arty) by which We acque, the Equtpmen4 and You ntay communicate W1 h the Supplier and receive an accurate and oompiata statement of apse prorrisas ate warranties (IOdudi g aM dlsdamer5 and hnrtalnns of utter Or el remerHeS) We fratSfef t0 You (Of the Tefm Of the aptlicable Lease all autamucaty transferable wofraNfes, If any, made lay the Manufacturer or Stippter to Us reMhYa to the Equipment, We are not (table to You for any mooroatcri(s) cr rmssiOn(s) of any Supplier or manufacturer warranties, nor Tor the fatkae to comply ttereMth 9. USE AND MAINTENANCE. You shall use and care for IN Equipment In a careful and prudent Mannar. Youshalloperwe and maintain the Equipment in accordance with tha rmanufaaurars opera la's manuals, maintenance mauuafs, teohneal manuals, 0 other Insbucuons mrKeming operation end maintenance and In accordance win at laws and regulations and policies a( Insurance. You shag, at Your own cost perform all maintenance and makeany and all repairs which may be necessary to keep the Equipment In as good cOndtbon as it wait when delivered to You (except for crcinay wear aro leaf) and YOU shelf keep It eligible for any and off suppker's and manufacturer's cedttcabons and standard full so Acs malmeranea t4nVOCls. You &hall nd make any permanent ehoraeons to the Equipment The Equipment shall not be operated rot more than the Maximum Number of Hours shown on the applicable Lease and You agree to pay tho excess use charge shown on wolf Lease, for each hour the Equipment is used In excess of such Htra, It a meter Is provided, You agree to kaeo It connected to the Equipment and op<gabavl al at times, 10. LOSS; DAMAGE; INSURANCE. You shall bear the risk of loss or damage to the Equipment (mtluttfl% W1051.1 IunthbOn, loss or damage occurring during elxpment anolor delivery of the Equipment to You and Equipment insta1ation) and are responsible for pro'.ectmg the Equipment from damage (except tot oronary West and tear) and losses until the Equipment Is received by Us or Out designee pursuant to Section 15 of ifs Master Agree( . . a urltd V. erp moon of tho Term, vhudaver ornrs Inter, If the Equlp roarAis damaged or lost, You agree to contrua to make ac Lease Payrremswhen and as tray became duet and to otherwise earths to fully pedemt In accordance win the terns and Cond,cons of this Master Agreement and each Leese Until 010 Eopment is received by Us or Our dssigneo pursuant to SOWon 15 at Ins Master Agreement, of unit the eomhon of the Term of me, applicable Lease, whIchaver ocews [star, You shah, at Your awn expense, (a) keep tla Equipment Insured against at risks of lass In an amount at least equal to its fail, repacamenl cast (without deduc&We and vi livA co+nsvrar") and name Us as the sole loss payee on such Property, nsuranca, and (b) carry Cho habeutt, insurance covering contractual hadbty On the Egdpmenl, personal Irysry and property damage of a leas) S1, 090,000 per %curonce rot badly mItxy, inducing death and 8250,000 for propedy, damage and name Us as an additional insured on such liability Insurance The terms of each Imitation pollq tegtdred herein shell expteaAy reryire et leaa130 days poor vmulm nuWrr_ to rJa beyrtra tt may be Oaneelltd, lamYnaled or mdddpd try YOU Of the intuit. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ADEQUACY OFTHE MINIMUM INSURANCEREQUIREMENTS au FORTH ABOVE. You hereby Irrevocably appoint Us Year a(torneyLtdad to sign Your name to any dOmMOm(9) for the ptapmeof making da'vn! (e, recelvNg payrrem(s) of ana(or to oxecula and endorsa ON u95ecks,dmks or atner dacurnems for any lfadsty, (ass ordampge under any insurance policy. Pnorlo the Commencement Dale, You shalt provide Us with wnftan proN that You haw obtolned the Insurance, described above In fMN and substanco aocepteNe to Us and shat. provide Us nol" of any changes fn such mstarence and continua to mainta•n Insurance In such anmuata throughout the term of the Lease. 11. ASSIGNMENT. YOU HAVE NO RIGHT TO AND SHALL NOT SFL TRANSFER, ASSIGN PLEDGE, GRANT A SECURITY INTEREST IN DR SUBLEASE ANY EQUIPMENT COVERED BY THIS MASTER AGREEMENT OR ANY LEASE IN WHOLE OR IN PART, We may, wiUlout notice to You, set, assign pledge, grant a security interest or partopabon xi, or transfer this Master Agreement any or all Leases end/of, sub,%M to Your rights Lnder this blaster Agr¢Omem and each Lease, any Equlpmogl. to which case the new owner, assignee or secured party volt, to the extent of such szle, assignment, pledge, Security interest or parWpall0n, have as at Our nghls anabanems under We Master Agreement and each Lease, but will not have to perform any or Our 0bdgatktns (if any). You agree not to assert agaktsl the ne ro veer, assignee or stcuxtd pady any Balm or defense that YOU may have aganst use any olhar predecassorin inlergsL Wet trey, mutcart notice to You, rel ar ease ty infortnailon that We may have or obtan about You, We Master Agreement. each Lease and/or gte Equipment to the Equpmopt manufacturer, the Suppier and /orany OM NI orprospechve assignee, pamdpant or Investor of Otis 1t TAXES AND OTHER FEES, YOU shall be solely liable for at sales and use Iexes, personal property (axes, hNlhhdolngs, levies, Impositions, dotes, assessments and at otter taxis and cliarges, license and reg(watuoe fees, (elating W the oNnarshiPp, lea", rental, sale, purchase, possession Of the of the Equipment at part of each Lease (cdtealo ety, "TixOS" ), You ouch n%o Us to pay any Taxes when and as they may become due, and You agree to reimburse Us for all such Taxes You agree to pay Us a roe for Our a(smostration of Taxes related to the Equprnelt (eased under each Lease In conneWat wth each S odfule You "Mato pay A doarren ati ng room me p rtamn set forth In M NY e 8rhedu(e AN FORTH t T I YI 1 AND ANY OTBER Ft T CONIPCHENL 13. L)ASILrM We are not responsible for say claims, demands, actions, damages (WNlben dlrccL indlrect, inoldentel or consogUont(al), Ilabllitlos, tosses, Injudes or costs Ihcumed as s result of of relating, directly at Indiroetty, to the Equipment andfor its delivery, Installation, possession, test, ethim, tors of use,, defect or marfulnotiom You shall save, indemnify and hold hold Us hatmloss for, from and agalArA any and all claims, demands, actions, damages, losses, Ifabllhies, costs and expenses ((eluding, Wfhaut limitation, reasonable attorneys' face) made against or incurred by Us mat, directly or Willfectly, arise room or relate to the Equipment, Its dellvoy, Installadoa, possoarfom. use,, rttum, loss of rue, dafeotand/orm1HutMlon. 14, DEFAULT; You wit ba in default d, (a) You tat( to make ally Loose Payment when and as due, You otherwise rel to frilly perform In accordance with this Master Agreement. any Lease or any otter agreement between You and Us, or arty of Your rapresenlalo s or warranties (or that of any guamote) are untrue (b) any guararilot fats (a pMem In accordance with any olimcmail between the guarantor and Us, (0) You (or arty guarantor) become insolvent, make an assignment for the hene0t of creditors or file a Petition to Wrduuplcy, (d) a pebbeft in Wnk wtey ps filed agehlst YOU orany guarantor, (e) You, any partner or guarantor ohs. ceases to conduct business as a gang oauern, is sold lo, moNdd wt'Ur of of erase acquired by mother enldy, or suffers a substantial datenotaeon In h0andal donditan, if You de(Wt, We trey, in our We discretion, exercise any ona or Ore of me following remedies' (t) cancel any oncifor all 1.0858(6) as to any or 0 of the Equipment. (d) require You to assemble and Tatum any or all of the Egttpmem pursuant to Secton 1S of this Master Agreement, f1d) take possesslon of and/or fender unusable by You per' or ell of the Equipment, Mwevor It may be located, and You hereby tudhonze Us and any designee of Ours to antler Your premises whets any or all of tha Egdpmerx Is located With or mithaut notice, coat order of other prunes& of law and wlgksut Ilab;hry for my damages occasioned br mxh taking of petsessldn, (iv) req*s You to pay to Us, aS darmites and not as a penalty, W herein liquidated for all purposes, an amount equal to the sum of: (i) all Lease Payments that due or delinquent, (2) an Lease Payments for the then-retrairing Term(s) of each 4eass, (3) Our residual interest m ¢to Egapmerd as mdceted by Ovriecotis, arid (4) an Taxes, feet charges end other afnovlmS wipitharo then,"Which may Lhareafter, become due US tinder each Least (YOU onclM agree that the faregolog foreia Is reasonable in tight of the harm now anadpeted to be caused by Your defatll), ardor M expmse any sdawnal artdlof otnet Motor feoedy avellat(e to Us allow Unduorig, without IandaUOn, under the UCC) and/or in t:quoy, You also agree to reimburse Us on demand for an costs end expenses incurred by Us as a result of or otherwise relating to Your default (ndudtng, wifh0ot IudladorL reasonable atlomeys fees, accountants fees, eyert witness fees, fdng fees, trivet costs, and repossesslm aim other retvvi ey costs), You agree that any delay or fedha'e to enforce puraghts under this MasterAgreemem Or any Lease does not prervem Us from enfoming any rights at laterkls 15, RETURN OF EQUIPMENT, With respect to each Lease: (a) d You elect or are requited to return the Egtsptrord unite( Secbom S a 14 of 1NS IAas(er Agreement of any Leasa, You shat, O" re"' expense, send ate Equ(ppmeet to arty locaoon(s) x1Wn tit) Nr1es of the, Egtfpntmt l.00twn Address frudreted on the apptiraale Lease, (b) kr You area! a are Iequired td return the Equlprthen( under SdcSOn B, You Shad fo M fely open the a p1, M the me cerarl Ter R (C) tf You are feQUfec l0 return g18 Egcipr Seaton 14, You shag ci so Immedralety "Roil nauc8 from Us (d) goo Equipment rtwsed havkg bean malmamed In eccodam..e wlin S801 Iis AgreerrenV, and cants to make, I Lease Payments end p=9,, r armhole due under the apprtrade Lease anal the Egvlixmant Is recewed and inapt by Us ee. 14, FINANCE LEASE, You agree that each Lose Is a Fxtamce lease under Amide 2A of the UCC To the oiderd parried by applicable law. You hereby worve any and at dghsbi and remedies caMened upon You under UCC Sections 2A303 orxd 2A -508 through 522, If of Is determined that any Lease coriftles a Scoured transaction, You hereby grant to Us a sMnaily Interest M the Equpment related to such tease and all proceeds thereof You OWtonat Ur to retard a UCC-1 financing statement W similar insbument In order to protect Our interest In the EquipmNm 17. COMPLIANCE WITH LAWS; APPLICABLE LAW. You understand trial (he Equipment may be pumhasadfor cash orit may be fused By signing oath Lease, You acknowledge that Yaw have eraser to lease U5quipmemiromUs for N Term Of the Lease, and that You have agreed 10 pay the speaked Lease PayfMm Amount and all other fees aatd amounts described herein and In the Leese You shall. comply with applicable laws in the porrormanct of etc Leese, If it Is demrmlried that any amount due under any Lease results a pa)mtent greater then would be snowed by applicable law, then any excess amatalts WWOd by IA will be applied to any colstanduta baianco due" owing under such Lease, adjusted to conform woo ouch appllcade law, or, If mere is me, iaxCh ouh,iamwngbalance. will be refunded to You upon request This Mastitr Agreement and each Lease shall be govrmed by, construed arW enforced In accordance with the laws of the State of town without regard to Its choice of law considerat(ons.The padWs agree (hatthis Master Agreement and each Lease shall be treated as though executed and parformad In Polk County, Iowa, and that all legal actions relating to IN$ Lease shall be venued oxclusivery In a state of federal noun located in Polk County, Iowa, You hereby agree to not objeetto venue as setforth ¢Cora and consont to the persona(ju8sdIWon of such courts. YOU AND WE HEREBY WANE YOUR AND OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION BETWEEN YOU AND US. Eachprovislonlr (thrMasterAgrermheril and each Lease shall be In'AYpreted in such a marner as to be agacwe valid and enforceable tinder ap(itrsble faw If any provision of this Master AD*eMent of tiny Lease Is construed to be prolvbated or vAenfrrrP2de, such pro'rs(cn Sttd9 be IneHedive oNy la the ewer N strait protxdgon or unanfonceabdty and wdttovl nvandabng of ofherwae affecting the remainder of such provision, the remaining prom sions of this Master Agreement or any Lease, or the vatdity or Worceabuny, Of such provtsen in any whet lunsdoon YOU ACKNOWLEDGE AND AGF THE SUPPLIER AND DIRECTED ERENCED SUPPLIER, (0) WE , LER OF THE EQUIPMENT (FACI 4Y COMPANY PROM EACH OF US (G) YOUR DUTY TO MAKE ALL LEASE M IN ACCORDANCE W(IH EACH LEASE) IS DOES NOT WORK AS REPRESENTED BY ANY VENDOR OR OTHER THIRD PERSON OR ENTITY, OR IF ANY VENDOR OR OTHER THIRD PERSON OR ENTITY FAILS TO PROVIDE ANY SERVICE OR MAINTENANCE OR FULFILL ANY OTHER OBLIGATION TO YOU, OR IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY,OTHER REASON WHATSOFVER, YOU SHALL MAKE ANY CLAIM ASSOCIATED THEREWITH AGAINST THE APPLICABLE VENDOR OR OTHER THIRD PERSON OR ENTITY ONLY, SHALL NOT HAVE OR MAKE ANY CLAIM AGAINST US, AND SHALL CONTINUE TO MAKE ALL LEASE PAYMENTS AND OTHERWISE FULLY PERFORM UNDER THIS LEASE, YOU HEREBY WANB ANY RIO HTS WHICH WOULD ALLOW YOU TO: (I)CANCELORREPUDIATE ANY LFABE, (11) REJECT OR REVOKE ACCEPTANCE OF THE EQUIPMENT, (111) GRANT A SECURITY INTEREST IN THE EQUIPMENT (OTHER THAN TO US), (N) ACCEPT PARTIAL DELIVERY OF THE EQUIPMENT, (V) "COVER" BY MAKING ANY PURCHASE OR LEASE OF SUBSTITUTE EQUIPMENT, (Vk) SEEK SPECIFIC PERFORMANCE AGAINST US, AND/OR (VII) WITHHOLD ANY PAYMENT OR OTHER AMOUNT FROM LIS. 29, THIRD PARTY MAINTENANCE AGREEMENT It You have entered Into a written or oral malrllanaUpa, serAce or sWer agreement (a " Maintenance Agreement ") wim any Vendor or any other parry refakve to the Equpment (rte "Matnlenancc Provldor }, You adV OrAedgo and ag eethal, (e) We are mt a party l0 the Maintenance Agreement, (b) it ins east to You OI suttl mnrmenance and services I$ included ineadi Lease PaymtentAmount "of any of Our Invoices to You, We are collectrig such cools as an admmstracuw wayederice to You add the Maintenance Providel, and (a) You wig took Orly to the Maintenance provider Poi the provision of my mzhuenance, repairs nod other senlees and SVppiies required at permitted under the Maintenance Agreement. and We have no maintenance, repatL service, supply or outer ou gabons or tab ites whatsoever under the Maintenance Agreement or othamise, 20, POWER GOLF CARS. If the Equipment Inc(odos any power golf oars ( "Carta°), notwitbdtanding anything to the contrary sot forth herein, You may temporarily sub -rent such Carts on; daily or per -round basis to your patran(s) on Your premises only, but You shall remain solely Ilablo for at. of Your duties and obligations hereunder and You shall collect from such patron(.) and remit (o the proper taxingjudsdtctlon all sales and use taxesihat may be dueunder appi[Rah is law In relation to any such Cart rarazt(s). �LesSee: in a C.Tessee, frtibal tiara #2494175 v1 (1n/2a/I3) Page 2 of 2 AMENDMENT TO MASTER LEASE AGREEMENT THIS AMENDMENT TO MASTER LEASE AGREEMENTis by and between City of Schantz, Texas, as Customer, and WELLS FARGO FINANCIAL LEASING, INC as Owner. BACKGROUND A. By that certain MASTER LEASE AGREEMENT, # �7 dated 1 3 20i4, by and between Owner and Customer. Owner has agreed to extend financing to Customer upon and subject to (he terms and conditions set forth In the MASTER LEASE AGREEMENT ( "Agreement) B. Owner and Customer desire to amend the terms and conditions of the Agreement, upon and subject to the terms and conditions of this Amendment C. All capitalized terms not otherwise defined herein will have the meanings set forth In the Agreement, NOW, THEREFORE, in consideration of good and valuable consideration, the parties intending to be legally bound agree as follows: 9. 2. MISCELLANEOUS, The fifth sentence is hereby revised lo: You represent, warrant and agree that the Equipment will be used formuniclpal purposes only and not for personal, family or household purposes. 2. 4. LEASE PAYMENTS. The last sentence within this section starting with "To the extent permitted by applicable law" shall be strlcken and replaced with: Lease payments are subject to the Texas Prompt Payment Act. 3, 5. EARLY TERMINATION, Shall include reference to being subject to the Non - Appropriation Addendum and all other terms remain. q. 6, AUTOMATIC RENEWAL; PURCHASE OPTION, With respect to each lease. Shall include reference to being subject to the Non - Appropriation Addendtmt and all other terms remain, 5, 12. TAXES AND OTHER FEES. Shall include reference o(the Customer is a municipality and with Owners receipt of proper and acceptable sales tax exemption certifioale(s) may remove sales tax from the lease following the tax rules of the stale. All other terms remain, IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Amendment on the dates set forth below but effective as of the effective date of the Agreement, as set forth above, CITY OF SCHERTZ, TEXAS By, n Name:. _ Title: Date of Execution: WELLS FARgy>, FI NC L LEASING, INC By: Name:, 1VtC9 kYY Title: Ep—�-4 u Date of Execution: % t` Non - Appropriation Addendum Lessee Name: Master Lease Agreement number City of Schertz, Texas I S " 00' (195 Cp 0106 This Non - Appropriation Addendum (this "Addendum') is made and entered into effective as or by and between the above- referencad Lessee ( "Lessee') and Wells Fargo Financial Leasing, Inc, ( "Wells Fargo "). RDOitals; Whereas. Lessee and Wells Fargo are parties to the above - referenced Master Lease Agreement (as amended, supplemented, restated or Wended, the "Master Agreement") and Lessee and Wells Fargo wish to supplement the terms of the Master Agreement with provisions relative to Lessee's appropriation of funds for Lease Payments, all upon the terms and conditions hereafter set forth, Now, therefore, in exchange for the mutual promises and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and Intending to be legally bound hereby, Wells Fargo and Lessee hereby agree as followst 1. Incorporation and Effect. This Addendum Is hereby made a part of and Incorporated into the Master Agreement as though fully set forth therein. As supplemented by the terms and conditions set forth in this Addendum, the provisions of the Master Agreement shall remain in full force and effect provfdad that, In the event of a oonlhct between any provision of this Addendum and any provision of We Master Agreement, the provision of this Addendum shall control, 2. Definitions. Capitalized terms notolhervdse, specifically defied herein shall have the same meanings as set forth in the Master Agreement• As used in this Addendum, the following terms shall have the following- described meanings: A. 'Non-Appropriation of Funds" means, with respect to a given Lease, any failure of Your governing body or legislature to appropriate funds for.the Lease Payments and other amounts due and to become due in a given fiscal year during the Term thereof. S. "Non-Appropdation Notice" means, with respect to a given Lease, a written noUce to Us from Your chief legal counsel oerhfying that (f) a Non - Appropriation of Funds has occurred, and (if) You have exhausted all funds appropriated for the applicable Lease Payments, C. "Lease Related Documents" means, with respect to a given Lease, any related solicitation, request for proposal, bid, contract award, purchase order or other document or specification. 3. Non- Approprfaiton, To the extent permitted by law, You intend to remit all Lease Payments and other sums due and to become due under each Lease for the full Term thereof, provided funds are appropriated for such purpose, in the event of a Non - Appropriation of Funds. You will have the right to return the affected Equipment (in accordance with the Section is of the Master Agreement) and thereafter terminate the applicable Lease as of the last day of the fiscal year for which such Lease related appropriations were received, No Lease shall constitute an obligation payable in any fiscal year beyond the last fiscal year for which applicable Lease related funds are Lawfully appropriated. In order to invoke Your rights under this provision, You agree, to the extent permuted by law, that at least thirty (30) days prior to the end of the applicable fiscal period, You will provide us with a Non- Appropriatlon Notice. 4. Additional Representations and Warranties. In addition to the representations and warranties set forth in the Master Agreement, You hereby represent and warrant. that the Master Agreement and each Lease: (a) fs a validd and legally binding contract, entered Into in compliance with all applicable law, including, without limitation, law governing open meetings, public bidding, procurement and appropriations, (b) conforms with, but does not Incorporate, the terns and conditions of any applicable Lease Related Documents and Is the sole governing contract with respect to the Lease of the Equipment, and (c) constitutes a current expense (not debt understate law) and does not constitute a pledge Of Your tax or general revenues. You acknowledge and agree that Lease Related Documents are not a part of the Lease and that the terms and conditions of the Lease supercede and control over any additional or conflicting tarms sot forth in any Lease Related Documents, 5, Choice of Law. Notwithstanding anything contained in the Master Agreement to the contrary, the Master Agreement and each Lease shall be governed by, construed and enforced in accordance with the laws of the state in which You are located, 6, Miscellaneous. This Addendum, together with the other provisions of the Master Agreement not superseded hereby, constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments. No modification or addition to this Addendum shall be effective untess it Is In a writing signed by Vendor and Wags Fargo, Each provision of this Addendum shall be Interpreted in such a manner as to be effective and valid under applicable law, You agree that we may insort the Master Agreement number in the space where Indicated above at any lime, including, without limitation, after Your execution of this Addendum, If any provision of this Addendum Is construed to be prohibited or Invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, and without invalidating the remainder of such provision or the remaining provisions of this Addendum. Section headings haVe been Included for convenience purposes only, and shall not be conahued as substantive parts of this Addendum. This Addendum may be executed in one or more counterparts, eaoh of which shall be daemed an original but all of which together will constitute one and the same Instrument. A facsimile or other copy of this Addendum shall have the full force and effect of the original, In witness whereof, the parties nave executed this Addendum effective ae sot forth above Lessee: Go-Lessee: City of Schertz, Texas J �} Date: By: Date s f /tI��Y. / Name/lltls NamefTille: John Kassel, City Manager / Lessor: WELLS FARGO FINANCIAL LEASING, INC. (, 13y: � pate: 63156 -v4 ORIGINAL Ucnion i`Javatro, Rccra Eel PnH y C July 3, 2014 San Antonio I Austin I Rio GrardeVail(a), 1517 N. Main Avenue I San Antonio,Texu 78212 -4685 Wolls Fargo Financial Leasing, lnc. \1210.227- 32= 31F110.225 -4481 800 Walnut Street MAC N0005 -044 Des Moincs. lA 50309 Attn: Jennifer L. Gaalswyk Re: Lease No, 794567 (the "Lease ") behveen Wells Fargo, as Lessor, and City of Schertz, Texas ( "Lessee "), as Lessee. Ladies and Gentlemen: We are the attorneys for Lessee in connection with the above - described Lease, In the course of our representation, we have reviewed and examined the following documents executed by Lessec on 6125/2014 (unless otherwise indicated therein), relative to the Lease: '1. The Master Lease Agreement between Wsor and Lessee; 2. The Non - Appropriation Addendum to the Equipment Lease Agrcerneat; 3. Amendment to Master Lease Agreement and Lease Schedule The documents listed above are collectively referred to as the "Lease Documents." In addition, we have reviewed and examined such other documents, laws, statutes, ordinances, regulations and other matters as we have deemed necessary or advisable in order to enable us to render the following opinions to you and to induce you to take assignment of the Lease with Lessee. Based upon the foregoing, it is our opinion that; I. The execution., delivery and performance by lessee of the Lease Documents and the obllgiflons and liabilities incurred thereunder, and the representations and acknowledgements contained therein: (a) have been duly authorized by all necessary action of the Lessee, (b) do not require the approval or consent of any governmental authority or party, or any filing or rogistntlion with any governtnantal entity, which has not been given, filed or registered, (c) do not contravene any low, regulation, rule or order binding upon Lessee. All actions, approvals raid consents necessary to authorize the execution, delivery and performance of the Lease Documents by Lessee have occurred or been obtained. Serving all of Texas from our San Antonio, Austin and Rio Grande valley offices Wells Fargo Financial Leasing, lnc. July 3, 2014 2. The Lcasc Documents have been duly and validly executed and delivered by Lessee ill compliance with the laws of the State of Texas, including without limitation all laws, regulations, rules and orders related to the procurement of goods by the Lessee and the Lease DOCtltnents constitute legal, valid and bidding obligations of Lessee, enforceable against Lessee in accordance with their respective terms and provisions, except that enforcement may be limited by bankruptcy; insolvency, reorganization, arrangement, moratorium or similar laws, or by equitable principles, relating to (it- limiting the rights of creditors generally. 3. The Lease Documents and the equipmenl subject to the (.,ease Documents are exclusively governed by the terms and conditions contained in the Lease Documents. This opinion is given for the benefit of Wells Fargo, its successors. assigns and any subCequent purchaser orpurchasers ortbe Lease. It is intended thal'Welk Forgo and Its counsel may rely upon the opinions set forth. herein. Should you have Any questions or concerns, please do not hesitate to contact me by telephone ut (210) 227 -3243. Very truly yours, Drwi)w NAVARRo Roc;HA BERNAL HYDE & Zwm A Professional Corporation ,r c ' CHAR S E. ZECH CEZ:eo Pane 2 INCUMBENCY CERTIFICATE I, the undersigned, do hereby certify that (1) 1 am a duly elected and qualified Officer and/or Director of City of Schertz, Texas (Full Legal Name of Company /Entlty) (2) unless and until the above -named entity provides you written notice to the contrary, each of the Officers set forth below is and was empowered to enter into any agreement on behalf of the above -named entity and to execute and deliver any Instrument, including, without limitation, leases and corporate guarantees, In the name of and on behatP of said entity, which in the opinion of such Officers, are In the best interests of said entity; and (3) the following are the true names and specimen signatures of the duly elected and incumbent Officers of said entity authorized to so execute, acknowledge and deliver all agreements, documents and commitments; Name of Authorized S ner(s) Title Signature John Kessel City Manager In witness whereof, I have hereunto set my hand and, to the extent the above - referenced entity Is a corporation, affixed the seal of the Corporation Phis _142'-day of ° I.1 Q , 201 Signature (of person other the Vauth orized signer) Oka-,- fgS Vii ' 72' " -Io- Naame $237+0 Master Lease Schedule Master Lease Agreement # / Dated �07•60 %T$ 6-004 WELLS FATtGU 02494202 Q (=6113) ORIGINAL Lessews Name; CaLessoe's Name. Master Lease Agreement No: City of Schertz, Texas Lcssea sAddrgss; Co- lessee's Address: Application 9: 1400 Schertz PkWv. Schertz TX 76154 794587 altang Address ill dircarorrt than tessee Address shown above) 14()0 Schertz Pk , Schertz 77( 78154 Supplier (Doalees) Name a Addrasw center a C &M 205229.0019 lessor: Wells Fargo Financial Leasing, Inc. Eqijip ormation Wells Fargo hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Wells Fargo, the Equipment ktenhfie on Addendum A, attached hereto and herein by reference. Equipment Location (Address, City, State, county, Vp Codo): ❑ Check Here it Equipment Insurance; 1400 Schertz Pkwy, Schertz TX 78154 Locatloo is outside or Crty Limits ❑ Proof of Insuranoe Attached Lease/ - OngmalTefm Commencement Date OrigvW Term Purchase Opdon Lease Payment plus applicable Price Taxes): ❑ Lease Payment locludos Sales Tae 48 Months 6/30/2014 N/A 33,019.16 Ren•wai Term -Reriewal, Information Renewal Dale, Renewal Tenn purchase Option price, Renewal Lease Payment (pit a oppUtible Toms). Date Payment Begins: 6/30/2014 Payments are due on day(s): Monthly Payments Lease payments of $3 019,16 are due beginning 6/30/2014. ❑ Payments other than monthly (if checked, payments are: ❑ Quarterly; Or Q Payment Schedule Attached) 3vt9. N Advance Lease Payment: S0,eB-rtletudes first 0 payment(s) and theiast 0 a ellt S . In conneotlon with this Schedule. Lessee. agrees to pay a documentation/processing fee of 80.00. Total Finance Charges due durjnq the Original Term of this Schedule: $ This Equipment Lease Schedule (this "Schedule ") is made and entered Into as of the Effective Date identified above and is entered Into in connection with the above - Identified Master Lease Agreement (the "Master Agreement"). Ail of the terms and conditions set forth in the Master Agreement are hereby reaffirmed and incorporated in and made part of this Schedule, as if fully set forth herein. This Schedule, inclusive of the terms and conditions set forth in the Master Agreement as aforesaid, constitutes a separate lease between Wells Fargo and Lessee that may be referred herein to as this "Lease ". This Lease is not binding upon Wells Fargo until Wells Fargo accepts this Lease by signing below. A facsimile copy of this Lease shell have the some force and effect as the original. This Lease may not be modified except in writing, signed by Wells Fargo and Lessee, This Lease may be terminated early only in accordance with Section S of the Master Agreement. Lessee: City of Schertz, Texas Co- Lessee: By: 9y: NameMile; Jo essel .Cl y Man ger Namemlie: Hate: % Date: Lessor Wells Fargo Financial Le sing, Inc. By: Date: �] ' Namemlle: Ntl 960f"7 �C 02494202 Q (=6113) ORIGINAL Addendum A to Master Lease Schedule Master lease Agreement # / Dated • This Addendum A Is entered Into in connection with Master Lease Schedule No. (the "Schedule "). + n0 -o( w% % 00 Wells Fargo hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Wells Fargo, the following-described Equipment upon the terms and conditions set forth In the Schedule: Description of Equipment: Serial Number Maximum # Excess Use Beginning of Hours Charge Per Hr. Meter Per Year. Hour, # (2) 2014 Jacobsen HR901a 4WD Mowers <600 S15mr Lessee agrees that Wells Fargo may Insert the Serial Numbers tot the Equipment after Lessee's execution hereof. A facsimile copy of thts Addendum shall have the same force and effect as the original. This Addendum may not be modified except in writing, signed by Wells Fargo and Lessee. Lessee: City of Schortz, Texas Co- Lessee: Sy' BY' Namef itle: John Kessel I sselCityMein ge`r/, Namw7itla: Date: y (0 7,�^f j Y Date: Lessor: WELLS FARGR INANOAL LEASING, INC. By: Namefritle: t -t M— gre A Date: �] ( y Fargo Financial Leasing, Inc., MAC F4031.050, $00 Walnut Street, Des Moines, IA 60309 ( "Wells Fargo") Lessee (and Co- Lessee, If applicable) hereby unconditionally certifies that: (1) all of the Equipment (a) has been properly delivered to it at the Equipment location described in the Lease, (b) has been installed and is In good working order, and (c) meets all ofits requirements and Is suitable for Its purposes, (2) it has had a reasonable opportunity to inspect the Equipment and unconditionally and Irrevocably accepts all of the Equipment for all purposes, (3) it has duly executed the Lease and no side agreements or cancellation rights have been granted to It with respect to the Lease or any Equipment, (4) all Otis representations and warranties set forth in the Lease are true and correct, and (5) It has not been Induced to sign this Certificate by any assurances of Wells Fargo or anyone else, Lessee (and Co- Lessee, If applicable) authorizes Wells Fargo to, at anytime, insert the number of the Lease In this Cerfiffeate. -)III Lt-1 ORIGINAL 7to25,r4 Page t of 1 Y ota3v t� <w...,,•ror.r , : • .a , • u - _"'."i' s r;. -;y„ s >; t irrc, tROV,a -iaa> r=u i : J•1Ys :� i , 1 �'t,c'r s. Texas Sales and Use 'Tax Exemption Certification This sertifloate does not requtro a numborto he valld. Natnooipurchasor, firm orngancy U r t± 1 5-F Addross (Site otano bor,P.o,BoxotRoWOnumbor) Phene(Araecalo end numboQ CAy, State, ZIP coda 1, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable Items described below or on the attached order or Invoice) from: II Seller., Can I~,rri r i1 C?iG l 4._�l�S i Street address: Cat 3 t,4_)C, I Yl t-(•t S� • City, State, ZIP code: a �� i- X1 j2 S Description of Items to be purchased or on the attached order or Invoice' Purchaser claims this exemption for the following reason: 6&tL'\r a_t0r1 1;- 1 _ I understand that I will be IWIta for payment of all stale and local sales or use taxes vehlch may become due for failure to comply Wth the provisions of the Tax Code and/or all applicable law, , I understand that /l Is a cdmfnat offense to give an exempllon con(Mcate 16 the seilerforlaxoble Items that 1 know, at the time of purchase, will be used In a n7mmarothertlrary that expressed fn this ceriificate, and depending on the amount oflax evaded, the offense mayor igo from a Class C niisdemoanorlo a foiony of the soeond degree, sign ktet ) TWe Q NOTEf This rertiticate'cannot be Issued Willa purchase, lease, or rental of a motor vehicle, THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO SE VAUD. Sales and Use Tax "Exemption Numbers" or'Tax Exempt" Numbers do not exist, This cortifloate should be furnIshed to the supplier, Do Wsend the completed certificate to the Comptroller of Public Accounts, � 3 ioq i'ML Certificate of Coverage -"I Inn r...,�..,..� s.I „�wa. AdC1 Member; Company Affording Coverage: Schertz Ms, Rita Duprat-Woldo Purchasing /Asset Mgmt Dir 1400 Schertz Pkwy Schertz,Texas 78154 -1634 Texas Municipal League lntergovemMental Risk Pool (TMLIRP) PO Box 149194 Austin, TX 7B714.9194 (512) 491 -2300 or (800) 537.6655 Fax: (512) 491.2404 Certificate Holder; Wells Fargo Financial teasing. Inc, MAC N0005 -044 800 Walnut Street Des Moines, fA. 50309 This is to certify that the coverages listed below have been provided to the member and are In effect at this time. Notwithstanding any requirements, terms, or conditions of any other contract or agreement with respect to which this certilleate may be issued ormay pertain, the coverage afforded by TMLIRP described herein Is subject only to the terms, exclusions and additions or TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage Is continuou,4 until canceled. General Liability Effeclive Date; 1M72'013 Real & Personal Property Effective Dale; Anniversary Date: 10/1/2014 Anniversary Date: Limits of Liability (Each Occurrence),' $1,000,000 Limits of Coverage: Sudden Events involving Pollution (Each Occurrence); $1,000,000 Deductible per Occurrence: Mobile Equipment Effective Dale: 7/212014 Annual Aggregate; $2,000,000 Deductible per Occurrence: $2,500 Anniversary Date: 10/1/2014 Limits of Coverage; $957,506 Law Enforcement Liability Effective Date: Anniversary Data: Deductible per Occurrence; 51,000 Boller & Machinery - Broad Form Effective Date, Limits of Liability (Each Occurrence): Arousal Aggregate: Anniversary Date, Deductible per Occurrence: PerAwdent Limit: Deductible per Occurrence: Errors and Omissions Liability Effective Dale: Yes No Anniversary Date: LlMils of Llability(Each Wrongful Act): Mortgagee X Annual Aggregate: Loss Payee X Deductible per Occurrence; Loan Number. Auto Liability Effective Date YearlMake /Model VIN Value Anniversary Dote: Limits of Liability (Each Occurrence): Deductible per Occurrence: Auto Physical Damage Irftocllva Date: Anniversary Date: Limits of Liability: COII(slon Deductible: Comprehensive Deductible, Yes No Loan Number Loss Payea:J DESCRIPTION: Confirmation of coverage for (2) 2014 1Jacobsen /HR90167 Mowers- serial numbers; "UNKNOWN " - Combined Replacement Cost Value: S157,906, Includes coverage for Tneh. General Liability Coverage is primary. Canceilation, Should any Of Me above described coverages be canceled before the anniversary date thereof, TMLIRP will endeavor to mall 30 days written notice to the above named certificate holder, but failure to mall such notice shall Impose no obligation or liability of any kind upon TMLIRP, Authorized Representative Date Issued %'yl•`7 f r s h �' Gr ,, ; ;, ?r- 7/112014 X102 r. 10/15/08 r L>✓SSOR/LI ATV [•iOL' DER OF. C < U IPM ENT This endorsement J'orms a hail of-the Declarations to which attaclied. effecfl,,c on the inception date ofthe coverttge unluss otherwise stater! 1lcrein. and clarifies such ctn�erage as is afforded by the rrovlsions of the coverage shown below: .. GENERAL LIAMLITY p AIlRPC)XF ON =i\'T R'S' AN 1) OPERATORS OI:NERAL LTABILITY Entit;• Name : City of'Sellortz )"mily ID : 8491 Isffective Data : 7M14 It is undeistood that coverage is pvovidv� to the, Fnnd Member for liability arising: out of the maintenance. operation, or use by the Fund Mem her of equipment (cased to the Fuud Member by the person or orguntxlttion scat forth below or ppurebased under a, finance agreement with such person or organization, subject to the following additional exc hisionst Covortige does not apply to any occurrence which takes phicc after the oytlipment h:usc expires or lien is satisfied: 2. Cm+orage does not apply to hodily injury or property damage arising nut of•tlic wale neuligcncc ol'tltu lessor of the equipment. Lessur/I,Jenholdur : Wells Fareo t-inariciai Lensing, Inc. Address : MAC N0605-044 800 Walnut Street City, State: "', ZIP :ides Moines, IA. 50309 Description of Equipment With respect to (2) 20J41.lacobsen /HR90I6'r Mowers, - serial numbers: "UNKNOWN ". Genera Liability Coverage is prhnnry. TIi \AS MUNICIPAL (,EAGUC INI'l "I2GOVI J1 NivlrNTAi,, RISK POOL ui.? Ipi 111131;12 'LOSS PAWABI�E CLAUS E'- ,MO.BILE EQUIPMENY 'fllis endorsm em forms a part of the Declarations to which attached, effective al the inception date afthe cavcrage miless othel'w se Sated herclll, alld modifies Such Coverage as is afforded by the provisions ofthc coverage shown below; SPECIAL FORM PROPERTY CCVIMAGE 2111tity Name ; Cite ol'Schertz Entity ID ; 8491 i,ffuctive Date : 07/021141 A is understood and agreed that loss or damage, to the atobile egaipttteut described in this endorsement shall be paid as interest may appear to the person or organisation named below, Ixss Payee Name ;Wells Fargo financial Leasing )ne, Address ;MAC N0005.044 800 N1"alnut Street Cite, SmICIZ1P :Des Moines, IA. 50309 The most we will I'ay for any loss to the described equipment is-the lessor of: I , the value indicated below, or; 2. thy replaceulent cost or actual cash value of the equipment, based on the valuation mcthnd selected by the member; minus the applicable deduetlble. Assignation or Description ot'Equipment lU Ycar Makc:IModcI `;trial n'ttnlher Vahit 2014 ,lacobsell /IIR90I()T UNKNOWN $78,153 2011 ,laco0sonkIR90I61' UNKNOWN $78,953 TEXAS MUNICIPAL, l,riAGIJE INTERGOVERNMENTAL RISK POOL GP.111 1 u1 iomi Customer insurance Certification Lessee: City of Sohertz, Texas Application Number. 794567 Co- Lessee: Master Lease No.: Schedule No.: Name of Insurance Agency: Phone Number of Agency: 7`�xaS J11gN1'c� aL LQa a 2 fQOO• f 37� 66 T,f Mailing Address of Agency: Fax Number of Agency. AD box 1V7114 A4sra'w T 7J'7fI S'14.gC11 -zyoyt We agree and understand that, under the terms of our Master Lease Agreement with you, we must at all times keep the Equipment under the Schedule referenced above insured against all risks, loss, damage or destruction for the full replacement cost with Wails Fargo Financial Leasing, Inc. named as sole loss payee. Additionally, we must maintain, throughout the term of the Schedule, public liability insurance in the amounts specified in the Master Lease and name Wells Fargo Financial Leasing, Inc, as an additional Insured. We must receive thirty ($0) days prior notice before any termination, modification or cancellation for all types of Insurance. i authorize you to contact the agencies identified above and authorize the agents to release insurance certificates to Wells Fargo indicating the above, --A k� — -,-A � Less ignat Dale Co- lessee Signature Date Send to Wells Fargo Financial Leasing, Inc. via mall to: Wells Fargo Financial Leasing, inc., Golf and Turf Division, MAC# F4031 -050, 800 Walnut Street, Des Moines, IA 5030% or via Fax to; Wells Fargo Financial Leasing, Inc„ at1n: Golf and Turf Division Fax #866-338-8375, EQUIPMENT DESCRIPTION. See Addendum A to Master Lease Schedule for the equipment description. Office Use Only Contact Date: Contact Name: Insurance Company(s); Policy No(s): Expiration Date(s): insured Value: Named Sole Loss Payee: Wells Fargo Financial Leasing, Inc. ❑ Y5S ❑ WILL BE ADDED Verified By: Additional Insured: Wells Fargo Financial Leasing, inc. ❑ YES ❑ WILL BE ADDED Public Liability Insurance Limits: 60602 -v6 Customer Identification Program Organized Entity Notice: To help the government fight the funding of terrorism and money laundering activities, U.S. Federal law requires financial institutions to obtain, verify and record information that identifies each person (individuals or businesses) who opens an account: What this means for you; When you open an account or add any additional service, we will ask you for your name, address, federal employer Identification number and other information that will allow us to identify you. We may also ask to see other identifying documents, CUSTOMER NAME; City of Schertz, Texas CUSTOMER IDENTIFICATION Taxpayer ID Number.• 7 `1 • 1 1-t 6134`1 Business Structure: Corporation—, Partnership Limited Liability Company Other, description: G Ji1 r We may request certified copies of your organizational documents as part of the identification procedure. PRIMARY ADDRESS AND REGISTRATION Address. NOV J ck Q - iZ rR r K wp City: Sc h e r t z Stafe: 7' ?" Zip Code: 7 81,r Y `Country: 6 ugd-q Lk rP P State of Registration/Incorporation: Acknowledgment: 1'he Information contained herein is true and correct Customer Na By Its: