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HomeMy WebLinkAboutC96-120 Motorola Communications and ElectronicsC9612 004 EQUIPMENT LEASE -PURCHASE AGREEMENT Lease Number: 20327 LESSEE: LESSOR: Eagle County Government Motorola Communications and Electronics, Inc. 1301 East Algonquin Road Schaumburg, Illinois, 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in any Schedule A now or hereafter attached hereto ("Equipment') in accordance with the following terms and conditions of this Equipment Lease -Purchase Agreement ("Lease"). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office 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 Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest laewful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. 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 necessary 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 therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. 3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. 4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to the contract (the "Contract') covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5. NON -APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, 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 or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. 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. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter, and (ii) that it will not during the Lease Term give priority in the application of funds to any other functionally similar equipment or services. This Section will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended. 6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excluded from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor, (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, uk and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. 7. TITLE TO EQUIPMENT; SECURITY INTEREST. 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 5 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. 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 Equipment 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. 2 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of 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 the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10. 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 operation. 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, 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, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss 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 the option of Lessor will: either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment date, pay Lessor the sum of : (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 all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule 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 rata amount of the Lease Payment and the Concluding Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 13. 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, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessors prior written consent, Lessee may self -insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Concluding Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or its assigns as an additional insured, 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 the[eof and make available to Lessor all information and documentation relating thereto. 14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attomeys' 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. 15. 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 Equipment 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 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 heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such an assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessors Assignee hereunder. 16. EVENT OF DEFAULT. The term "Event of Default', as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof, (ii) 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, (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 4 17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its opinion, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to 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 5 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; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior 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 (iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages 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. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Concluding 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 the Equipment is free and clear of any liens created by Lessor. 19. NOTICES. All 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 such mailing. 20. SECTION HEADINGS. All 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. 21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22. 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. 23. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the 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. 24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS W REO, the partieshave executed this Agreement as of the day of LESSEE: Eagle County Government By: Title: Chairman of Board of County Commissioners LESSOR: Motorola Communications and Electronics, Inc. By:i7�vt-� Title: E — 03/29/1996 Pagel Eagle County Governments Compound Period .......: Monthly Nominal Annual Rate ...: 5.700 % Effective Annual Rate ..: 5.851 % Periodic Rate ..............: 0.4750 % Daily Rate ...................: 0.01562% CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 04/01/1996 1,884,044.00 1 2 Payment 04/01/1997 1,025,486.14 2 Annual 04/01/1998 AMORTIZATION SCHEDULE - Normal Amortization Date Loan 04/01/1996 1996 Totals 1 04/01/1997 1997 Totals 2 04/01/1998 1998 Totals Grand Totals Payment Interest Principal 0.00 1,025,486.14 1,025,486.14 1,025,486.14 1,025,486.14 2,050,972.28 INITIAL INSURANCE REQUIREMENT: M 110,240.99 110,240.99 56,687.29 56,687.29 x1 f e, 915,245.15 915,245.15 968,798.85 968,798.85 166,928.28 1,884,044.00 $1,884,044.00 Balance 1, 884, 044.00 968,798.85 MN Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: Eagle County Government By:�� Its: Chairman of Board of County Commissioners Date: LESSOR: Motorola Communications and Electronics, Inc. By:FA,21�L21 :Z-& Its: Vr C >%— 'E S tD� 1�Cr Date: C)L.L ct C STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of Eagle County Government? 4t4'J22i�A- '-Z� 3. Does the equipment replace existing equipment?fie If so, wky is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: Eagle County Government By: Its: Chairman of Board of County Commissioners Date: O '��,► OPINION OF COUNSEL With respect to that certain Equipment Lease -Purchase Agreement dated �?`/IXAc. �/!o by and between Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (iii) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and app�priated for this pufpose in accordance with State law. ey of Eagle County Government SCHEDULE A EQUIPMENT LEASE -PURCHASE AGREEMENT Lease Number: 20327 This Equipment Schedule dated as of 6 – 6 -y(,o is being executed by MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. ("Lessor") and Eagle County Government ("Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease - Purchase Agreement dated as of _— g-- !Z(,,2 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment UANTITY DESCRIPTION Manufacturer, Model, and Serial Nos. Refer to the attached equipment list. Equipment Location: Initial Term: 24 Months Commencement Date: April 1, 1996 Lease Payments of $1,025,486.14 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: Eagle County Government Motorola Communications and Electronics, Inc. BY By. �,v✓�(.t. �� Chai of Board of County Com'rs. LESSEE FACT SHEET Please help Motorola provide excellent billing service by providing the following information: 1. Complete Billing Address Eagle County Sheri f f Is Office P.O. Box 359 Eagle, CO 81631 Attention: A.J. Johnson Phone: 2. Lessee County Location: 3. Federal Tax I.D. Number Thank You (970) 328-8500 Eaq 1 e 84-6000762 Form 8038-G Inform *ion Return for Tax -Exempt Govern gtal Obligations (Rev. May 1993) b,Under Intemai Revenue Code section (e) OMB No. 1545-0720 111 -See separate Instructions. Int Revenue Treasury (Use Form 8038 -GSC if the issue price is under $100,000.) Reporting AuthorityAulthority If Amended Return, check here ► [ 1 Issuer's name 2 Issuer's employer identification number Eagle County Government 3 Number and street (or P.O. box If mall is not delivered to street address) Room/suits 4 Report number G19 - 5 City, town, state, and ZIP code 6 Date of issue 7 Name of Issue a CUSIP Number ' —Type of Issue check applicable boxes and enter the issue rice 9 ❑ Education (attach schedule -see instructions) . . . . . . .$ 10 C3Health and hospital (attach schedule -see instructions). . 11 11 Transportation . . . . . . . . . . . . . 12 MC Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11Environment (including sewage bonds) . . 14 ❑ Housing . . . . . . . . . . . . . . . . . . . . . 15 ❑Utilities 16 ❑ Other. Describe (see Instructions) ► 17 If obligations are tax or other revenue anticipation bonds, check box ► Cl 18 If obligations are in the form of a lease or installment sale, check box 0- Descricition of Oblicqiations Issue pries $1,884,044.00 19 Final maturity, 20 Entire issue ' Uses of (e) (b) Maturity date Interest rate Issue price (d) Stated redwripruon Price at matunty, ca (9) Weighted Not Net mtemsl average maturity Yield cost N A N A% N A , , Ori final Proceeds of Bond Issue(including underwriters' 2 ears 5.7 0 % N A 9E discount 21 Proceeds used for accrued interest . . , , , , , , , , , ,21 22 Issue price of entire issue (enter amount from line 20, column (c)) . . . • • 23 Proceeds used for bond issuance costs (including underwriters' discount) 23 24 Proceeds used for credit enhancement . 24 25 Proceeds allocated to reasonably required reserve or replacement fund 26 Proceeds used to refund prior issues , 26 27 Total (add lines 23 through 26) , . , , , , , 28 Nonrefunding proceeds of the issue subtract line 27 from line 22 and enter amount here) . N/A 22 N/A N/A 27 28 N/A ' —3escripition of Refunded Bonds (complete this part only for refunding bonds 29 Enter the remaining weighted average maturity of the bonds to be refunded , ► N/A yeah 30 Enter the last date on which the refunded bonds will be called . N/A 31 Enter the date(s) the refunded bonds were issued ► N/A 32 Enter the amount of the state volume cap allocated to the issue , . , , ,. pop N/A 33 Enter ept a . . amountof the bonds designated by the issuer under section 265(b)(3)(B)(7(Iil) (small •issuer . . . . . . . . . . . . . . . . . . . . . 10.N/A 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ► N/A b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► N/A 35 If the issuer has elected to pay a penalty in lieu of rebate, check box , ► ❑ N/A Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statemems, and to the best of my knowledge and belief. they are true. correct, and complete. Please Sign Here signature of avider Date For Paperwork Reduction Act Notice, see page 1 of the Instructions. Chairman Eagle County 0 Board of Conmi ss i oners Type or prim name and title CaL No. 637735 Form 8038-G (Rev. 5-93 V.S.GowrmmtPfitlnpOfllorx 190-30-MM15C ,.� .�: �Zt"t• _.. _ .;,�; - -':�. � = �. µ• �t=`"�^" ':�:$ - 1 ' nor f :tis' :. ��, ;_ '�: .F. •mv _ _ - s`• it •1=: z;'-'t�.� �c,•��"t�,`• .. - �`A. u UCC -1 INSTRUCTIONS .. x .'ai--~SI •� rs'`a-�.R.: .r .. �s � tia�' •,c���:a'}2�air•c o -i �l8:• - �i���3.* S .•�f� •: ]t'tS�r'�'1�::'��� -. a . - .. .. C; • 'C �-n ����,.'}'aJ �-�a..ti .. _ _. 1. This document MUST tie typed in UPPER CASE. - 2, are y1 debtor sectionsJ,secured Party; sectionand 1 assignee section og this dorm. , ;iYq i a,�/4ento ONLY' one name. per section, either personal or business, but not both. Enter Y_: ' 4 . copfiete`ed[ �•w ini eral Taz ID# or SSfu If morespace is needed, use additional 8.5' x 11 • sheets with name, `co plete•address, and Federal Tax 11) or,SS(V: of debtor(s).DL 3. - _'DO-NOT:use`t les. abbreviate, or use DB/A, A/K/A, F/K/A etc, in the debtor, secured parry or r _- assignee name: Use complete legal business and/or personal names. 4.'. You must submit TWO copies of each page to the Fling Officer for state flings.. One will be, numbered and stamped with the date and hour of fir and returned as the acknovledgemerrt Only ONE set is required for the county filings. _ - r• 4a 5. If the acknowledgement is to be returned to other than the secured party shown on the front, enclose a sell -addressed envelope with Ming. 6. _ To mail -to the state, you may fold along dotted fne;znd enclose in a standard #10 window business er>velopef fle sure the Secretary of. State's address shows througfi' the window. mss•.. � • .. `` c r ., - `. •'7_ M The state fees associated with filing are $10 per debtor name or address payable to the Secretary of State. this paymerit or. a prepaid account form MUST be included with the filing. • The counties accept these forms but the filing fees may vary. Check with the specific county. z '`8- MoreT'detailed 'arforrnation and instnictions are available in the UCC Firing Manual rThis " commercially available manual is priced at $10. It has detailed instructions tions on how to fill out the forms and wams-of the most common errors that cause rejections. : 9. Questionsc'may be addressed by calling (303) 894-2200 - ext 3 from 8:30 am to 5:00 pm ,. : 10: • .• There are three.optkm in Colorado on where to record fens. The collateral or security used.. r ; determirieswhere to file: : ,.; Collateral FT+rw Office - Agricultural products.4-iens may require a UCC Bing with the Central Feng Systems, Inc. V _county) 1301 Pennsylvania St. =Box #5 Dernier, Co 80203 (303) 831-0623 Farm Equiprnery accounts or general nangibles arising from Courcy Clerk of county where or relating to the sale of farm products -by a farmer; consumer debtor fires :or- where collateral goods; timber to be a# or minerals which may be ettracted is. See the- county fist in the from the earth; goods which are or are to become fowues. UCC F&g Manual Ab other Cok deral Secretary of Stale _ 4_ 11. The state has a charge for rejection of incomplete or incorrect forms. Forts not submitted per the above instructions are returned for correction and will incur a $5 rejection fee. Rejection may affect Your Priority rights. 12 The staie 6 a prepaid account system which will allow many functions to be handled via faxed requests. For more information, contact the Secretary of State at (303) 8942251 or fax a request to (303) 894-2242 13.E An assignment on this form is considered to be for all collateral fisted, therefore a full assignment. _14..... This.form may be photo copied. MODERN WW FORMS Stato of Colorado1501 ARDMORE AVE. •� a !i ti i_: •' rs ti La •;. s rT' 's • r.Y- :. ti, ITASCA. IL 80143 -^• t�y! ..r r .a [ave t"•x • .r v f ter � �t - u 'tC� l.ta .4 R 3 y , �i � r �,.. #. � ; Pr 'f� 'c _ - it a - h .. - � � Y x - .r• anal �. } ..v t Mp .� > > �`�.�L - � •. Y 'y> ! 1 �. 4 g 3l - . P' an y, f : N s "�,� ,�i J - •hit �t�t,` ,h }, ,�r� . i wu, "++ r. ,.'�.:Cy a.2fi . It E, r- w } s"•i 4 r J ,t ,+'-. y ��. r Si,h.. . fGbr K�'�`y'&`.a S z _ xTa�.., , f • -'� r� „r • .+, r Ui ``REVISED INSTRUCTIONS ON BACK UCC 1 ,�>UNIFORM COMMERCIAL .CODE FINANCING STATEMENT 1ST DEBTOR. ` - "'_ CHECK IF `APPLICABLE J - SSN/FED Tait j Check One: (2 Business : _=❑ This statement is to be recorded in . r_:•'' C3 Personal ; :the real estate records ONLY. Name tt.:at 1s0 -:Eagle ":County .Government ❑ This statement is to be filed in real Street =,` estate AND UCC records. Y City, State. Trp ❑ The debtor is a transmitting utility. s For Office Use Only Il�tItlltt��tl�lll���.�i�l�l�i����ll�ll��l�l��it��ll • COLORADO SECRETARY OF STATE - UCC1 ::,.1560 BROADWAY STE 200 DENVER CO 80202-5169 -Fold Hae 2ND DEBTOR ❑Additional debtors) on attachment SSN/FED Tax ID . Check One: Q Business ❑ Personal Name (Last iso Street City, State, Zip IST SECURED ❑ Additional secured party on attachment PARTY Motorola Communications and 1307.E. Algonquin Road Schaumburg, IL 60196 Name (Last ,so Street City, State, Zip PLEASE CHECK APPROPRIATE BOX. THIS STATEMENT IS SIGNED BY THE SECURED PARTY .INSTEAD OF THE DEBTOR TO PERFECT A SECURfTY INTEREST IN COU ATERAL ❑ Already subject to a security interest in another jurisdiction when it was brought Into this state, or when the debtor's location was changed to this state; Electronics, Inc. ❑ Which is proceeds of the original collateral described below in which a security interest was perfected ... ......................................... ................................................................ Fdd.H=..................... ASSIGNED PARTY ❑ Additional assigned party on attachment Name (Last is,) Street City, State, Zip (Collateral Descnpdoa ) Eagle County Government Oseeot Spnanualsl Geortae A. Ga es Prnlad Nama(s) Board o rat Rar.W10103 ❑ As to which the filing has lapsed; or ❑ Acquired after a change of name, identity or corporate structure of the debtor. COLLATERAL CLASSIFICATION: (Supply full description) ❑ Accounts, Accounts Receivable- L3 eceivable❑ Fodures ❑ Proceeds ❑ Equipment, Machinery ❑ Livestock, Farm Animals, Etc. ❑ Core= Rights ❑ Inventory ❑ Products ❑ Truck, Car, Vehicle ❑ Other S=W= Putt' Swwwvts) Prkmd Namels) nr