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HomeMy WebLinkAboutContracts & Agreements_50-2003_CCv0001.pdf Ron/zoEn 3/7/03 Ford Motor Credit Company / American Road po.Box 1roo Dearborn,Michigan wmo-1ne March 13, 20U3 The Honorable Karl N. Haws, Mayor City ofRedlands, Police Department 35Cajon 8treet Red|ands. CA 92373 Subject: Master Equipment Lease-Purchase Agreement- Lease No. 38072OO Dear Mayor Haws: Enclosed are the subject documents for the Equipment being acquired from Downtown Ford. Please review the following documentation for accuracy: ° Opinion of ComnseU - P|easehuvVyouraUorneyaignwhereindicated. ° Amlendmment- Please sign vvheno indicated. |fnot appropriate, line through the form and return unsigned. • Schedule 3967210, Page 1 - Please sign where indicated. ° Delivery and Acceptance Certifioate/s\ - Please sign and indicate the date the Equipment was accepted bvyou oryour authorized representative. ° Temporary Insurance Form - Please complete and sign where indicated. w 8038~GC- Please review and sign where indicated. (]nyour behalf, vvewill forward the signed original form hothe |R8. Also enclosed is an invoice for the first payment check payable to Ford Motor Credit Company in the amount of $47.18842. Please return the check and all signed original documents byU3/26/2003. preferably tothe express mail address below. If documents cannot be returned by this date, or if you have any questions, please call me at 1-8QO-241-4199. Ext. 21. and refer toSchedule 30O721O. Overnight/Express Delive U.S. Regular Mail Ford Motor Credit Company Ford Motor Credit Company Commercial Lending -MD 7500 Commercial Lending - MD 7500 1 American Road, Suite 2277 P. 0. Box 1739, Suite 2277 Dearborn, MI 48126 Dearborn, MI 48121-1739 ATTN: Carol Tom, Municipal Finance ATTN: Carol Torn, Municipal Finance After the documents are signed for Ford Motor Credit Company, a set of copies will be sent to you. S/nCena|y. Barb8na |Senegger ~ Enclosures Municipal Finance With respect$othat certain Master Equipment Lease-Purchase Agreement 3Q872OOdated 0Q/2O/1AQ5byand between Ford Motor Credit Company (Lessor) and City of Redlands (Lessee) as Supplemented by Schedule 3967210 thereto (the "Master Agreement"), | em of the opinion that (1) Lessee iaapolitical subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power botax, (b)the power ofeminent domain, and (c)police power; (2) Lessee has the requisite power and authority to purchase the Equipment(as defined in the Master Agreement)and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement; (3) the execution, delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action unthe part oyLessee; ^ (4) the Uniform Commercial Code of the state wherethe Equipment is located and/or the certificate of title laws of such state will govern the method ofperfecting Lessor's security interest inthe Equipment; (5) the Master Agreement has been duly executed and delivered by Lessee and constitutes legal, valid and binding obligation of Lessee enforceable inaccordance xAthits terms; (G) there are no suits, proceedings or investigations pending or,to my knowledge,threatened against or affecting Lessee,at law or in equity, or before or by any governmental or administrativeinstrumentality which, f adversely determined, |d have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and Lessee is not in default under any material obligation for the payment of borrowed monev,for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; and (7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been followed b Lessee and no governmentalundero. ponnissimns.uonmonta,oppnova|aorauthohzaUonaomonoquiradtobeubtainedandno registrations or declarations are required to be filed in connection with the execution and delivery of the Master Agreement. Attorrrey for Lessee Dan McHugh ' INVOICE March 13, 2003 LESSEE: City of Redlands Police Department 35 Cajon Street Redlands, CA 92373 REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCE P. O. BOX 1739 - MD 7500 DEARBORN, MI 48121-1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT FIRST DESCRIPTION PAYMENT NUMBER PAYMENT REVISED 3/7/03 AMOUNT DUE DATE 3967210 03/19/2003 $47,188.42 (4) 2003 Ford Crown Victoria Police Sedans + 7.75% Tax & Tire Fee of$5.00 each vehicle, 2FAHP71 W63X184379, 2FAHP71 W23X184380, 2FAHP71 W63X184382 2FAHP71 W43X184381, and (1) 2003 Ford Expedition, 1 FMPU15L43LB66872 PLEASE REMIT: $47,188.42 If you have any questions regarding this invoice, please call Barbara Isenegger (800-241-4199, Ext. 21). Schedule 3967210 Page 2 Payment Schedule Lease Number: 3967200 APR: 6.30% Lease Lease Payment Payment Lease Interest Principal Concluding Number Date Payment Portion Portion Payment 1 3 f 19 j 2003 47, 188.42 0.00 47, 188.42 86, 152 .51 2 3 j 19 j 2004 47, 188.42 5,427.61 41,760.81 44, 391.70 3 3 j 19 j 2005 47, 188.38 2,796.68 44,391.70 1.00 TOTALS 141, 565 .22 8,224 .29 133,340.93 LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 REVISED 3/7/03 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment') as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 3967210 NUMBER DATE ORDER NO. DATE 09120/1995 3967200 0311912003 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 4 (4) 2003 Ford Crown Victoria Police Sedans + 7.75% Tax & Tire Fee Downtown Ford of$5.00 each vehicle, 2FAH P71 W63X184379, 2FAHP71 W23X184380, 2FAH P71 W63X184382 2FAHP71 W43X184381 LESSEE: City of Redlands BY: Police Department,35 Cajon Street Redlands, CA 92373 (Title) DATE ACCEPTED: This form is to be signed, dated and returned to Ford Motor Credit Company, to the attention of Carol Tom, upon delivery and acceptance of the above equipment. Page 1 SCHEDULE 3967210 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 3967200 REVISED 3/7/03 This Equipment Schedule dated as of 03/19/2003, is being executed by Ford Motor Credit Company("Lessor"), and City of Redlands ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease- Purchase Agreement dated as of 09/20/1995 ("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, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 4 (4) 2003 Ford Crown Victoria Police Sedans + 7.75% Tax & Tire Fee of Downtown 1 $5.00 each vehicle, 2FAHP71 W63X184379, 2FAHP71 W23X184380, Ford 2FAHP71 W63X184382 2FAHP71 W43X184381, and (1) 2003 Ford Expedition, 1FMPU15L43LB66872 EQUIPMENT LOCATION: City of Redlands Police Department 35 Cajon Street Redlands, CA 92373 Initial Term: 36 Months Commencement Date: 03/19/2003 Periodic Rent: 2 Consecutive Annual in Advance Payments of $47,188.42 each (including interest), followed by one final payment of $47,188.38, due under this Lease. The Periodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 3967210, Page 2. California Tire Fee: $25.00 and 7.75% State Sales Tax are due and payable at Schedule signing. EXECUTED as of the date first herein set forth. LESSEE: City of Redlands LESSOR: Ford Motor Credit Company Police Department By: By: c Karl N. Haws Fra k astrella Title: Mayor Title: Operations Manager, Municipal Finance Attest: I UY. Lor e Poyzer, € y Clerk Counterpart No. 2 of 2 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. SCHEDULE 3967210 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT REVISED 3/7/03 Lease No. 3967200 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and City of Redlands ("Lessee"), dated as of 09/20/1995 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax-exempt obligation"within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 19th day of March, 2003. LESSEE: City of Redlands LESSOR: Ford Motor Credit Company 35 Cajon Street By: By: Karl N. Haws Frank Mastrella Title: Mayor Title: Operations Manager, Municipal Finance C42 Attest: _ _L0�r Poyzer, WCIerk LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement("Lease") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 3967210 NUMBER DATE ORDER NO. DATE 0912011995 3967200 0311912003 2 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 1 (1) 2003 Ford Expedition, 1 FMPU15L43LB66872 Downtown Ford LESSEE: City of Redlands BY: Police Department, 35 Cajon Street Redlands, CA 92373 (Title) DATE ACCEPTED: This form is to be signed, dated and returned to Ford Motor Credit Company, to the attention of Carol Tam, upon delivery and acceptance of the above equipment. RovzoEo 3/7/03 INSURANCE FACT SHEET We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below. |fmore than one insurance company is used, indicate each and for what type coverage. Per the Master Equipment Lease-Purchase Agreement, Lease No. 3967200. we require Liability and Physical Damage on all vehicles, Liability and Property Damage on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee and Additional Insured. RETURN TO: Ford Motor Credit Company, Municipal Finance, PC) Box 178Q 'MID 75OO, Dearborn, MI 48121-1739. SCHEDULE NO: 3967210 PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES AMINIMUM OF$1,000,000 PUBLIC LIABILITY COVERAGE; ��F�THE STATE MAXIMUM (IF LOWER) IS REQUIRED ' MUNI: City ufRedlands ADDRESS: Police Department 35 Cajun Street CITY: Red|ando, CA 02873 CONTACT: Julie Gilbert ,Accts. Payable PHONE: (909)798-7530 EQUIP DESC: (4) 2003 Ford C[Ovvn Victoria Fz0|iCe Sedans + 7.75% Tax & T}n8 Fee of$5.00 each vehicle, 2FAHF»71VV83)(184379. 2FAHP71VV23X184380. 2FAHP71VV83X184382 2FAHp71VV43}<184381. and (1) 2003 Ford Expedition, 1FK8PU15L43LB66872 INSURANCE COMPANY: ADDRESS: CITY: STATE: Z|P: PHONE: CONTACT PERSON: POLICY NO:� EXPIRATION DATE: LIABILITY AMT: PROPERTY DAMAGE AMT: PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: INSURANCE COMPANY: ADDRESS: CITY: STATE: Z|P: PHONE: CONTACT PERSON: POLICY NO: EXPIRATION DATE: LIABILITY AMT: PROPERTY DAMAGE AMT: PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCT/BLE: IF YOU ARE SELF-INSURED FOR ANY CDVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE POOL/FUND, NAME OF INSURANCE P0OUFUND: SELF-} � CONTINUOUS COVERAGE: �RO� �--- PHYSICAL: - � � TO: Form 8038-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev.November 2000) 110, Under Internal Revenue Code section 149(e) OMB No.1545-0720 REVISED Department of the Treasury Caution: Use Form 8038-G if the issue price of the issue is$100,000 or more. 3/7/03 Internal Revenue Service wrting Authoritv Check box if Amended Return 00' Ll I Issuer's name 2 Issuer's employer identification number City of Redlands 95-6000766 3 Number and street(or P.O.box if mail is not delivered to street address) Room/Suite Police Department, 35 Cajon Street 4 City,town,or post office,state.and ZIP code 5 Report number Redlands,CA 92373 GC 2003-3967210 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representative Dan McHuah ___T7 909-799-7510 scription of Obligations (Check if reportinq: a sinqle issue or on a consolidated basis 8a Issue price of obligation(s)(see instructions). . . . 8a $86,152.51 b Issue date(single issue)or calendar year(consolidated)(see instructions)--------------------—-- 9 Amount of the reported obligation(s)on line 8a: 0 b Representing a loan from the proceeds of another tax-exempt obligation (e.g., bond bank) 9b 10 If the issuer has designated any issue under section 265(b)(3)(B)(I)(111)(small issuer exception),check this box D 11 Ifany obligation isinthe form ofolease urinstallment sale, check this box 12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check this box . . . . . . . . . oFl Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge PLEASE and belief,they are true,correct and complete. SIGN HERE March 18, 200 Karl N.Haws,Mayor Issuer's authorized representative Date Type or print name and title ��«�U���r�K Kn�������^K�U��� rxur an issuer file separate Form Other FornoaThat May BeRequired —cohnn*fn--references are 8038'�Ckxeach -`anumber ---,--omao�sueo �xnebaungudbimago(npaying avcnanvin ruvenvoco-'--�'- -------d and mPo�m*mm�»dar»fsmall issues lieu ofarui�agomua|e)mthe p*d*�| Revenue ~~~''`~~~~^^~~~'~~~ issued during the calendar year on one government,use Form 8U38-T.Arbitrage Purposeof�orm ~`''~~ ''' ^~~~~ ' ~ ~~3~-"C. ''"`,=,"''a Roba�anupona�y/nUeuofArbi�nago separate Form 8038-8Cmust b*filed mgive p- � 80a&'GCi~used~ tax- the IRS notice ofthe election mpay apenalty Rebate. For private activity bonds, use Form in Information Return for Tax-Exempt �°=.��*".=..."u"�.vmyaom/vmvmvmo � uO38. |nfonna the IRS with the information requireduy Private Activity Bond Issues. section 149(e)and tomonitor the When toFile requirements ofsections 1u1through 150. Tnfile oseparate return,file Form 8o30-GC Rounding toWhole Dollars ono,before the 1omday ofthe second You may show the money items onthis return Who Must File calendar month after the close o[the calendar aawhole-dollar amounts. Todoso,drop any Issuers uftax-exempt governmental quarter inwhich the issue inissued. amount less than 50cents and increase any obligations with issue prices u,less than rofile aconsolidated return,file Form amount from nUcents through 99cents mthe %10O.0O0must file Form 803nf;C. 8o30'GConp,before February 15txofthe next higher dollar. Issuers nfatax-exempt governmental calendar year following the year inwhich the obligation with anissue priceor$1OOOoOu, i»a«*ieisnved. Definitionsmooemustn|eFnnn8O8�G.m�nnauun Late filing. Anissuer may»e granted an Return for Tax-Exempt Governmental extension oftime uofile Form O030'SCunder Obligations.This refers masingle Obligations. Section 3o/Rev. Proc.O0-1U. 1988-1C�8, tax-exempt governmental obligation ifForm Filing aseparate return.Issuers have the 63o.ifuisdetermined that the failure to file on 8038-GC is used for separate reporting or to option»ofile oseparate Form 0038-8Cfor time ionot due mwillful neglect.Type or multiple tax-exempt governmental obligations any tax-exempt governmentalobligation with printat the top of the form,"This Statement is if the form isused for consolidated reporting. aoissue price ofless*1O0.OoO. Submitted i»Accordance with Rev, Proc.88- Tax-exempt ubxguuonTnioiaabond «nissuer nfa�x-nxemp|bond used uo 10.^ Amac»t»meForm Qo38-GC a|euer inn�omontpum»a»oag'~='—'entor financial finance construction �n�My�»�bn»«my�onn8U38'8Cw�si»o/ mlease,onwhich myinterest�"e`�od* hnm separate Form 8O@8�x�hxeach�o"euo ~~~^^ ~~ ~~'~^`~o'='= '"=°"'"-== inoomeungoraocuon1O3 whether the obligation question is under ' notice ~^~^i'~mm~` ^'="`°� Do not Tax-exempt governmental obligation.x made topay apenalty inlieu ofarbitrage nmhauy�ee|ine�zinoon��ns}� i of �.|eamm.m tax-exempt obligation that�nmapnvau* installment sale documents, activity bond(see below) matax-exempt Filing aconsolidated return.For all tax- exempt governmental obligations with issue Where to File governmental obligation.This includes o bond issued uYaqualified volunteer fire department prices»(less File pomeo3�8Cand any auachmen�' under s*ob»o15O(e).mponednnasepa�ue�v� 8��GC.an wthmem�ma|ne�enueService Center, issuer must file aconsolidated information Ogden, LIT &^201 Private activity bond.This includes en return including all such issues issued within obligation issued anpart ufaoissue o*which: the calendar year, 0 More than 1OY6mthe proceeds are o`be used for any private business use, and Cat.woawoue Form Rn3V-GC(no".11-2000)