HomeMy WebLinkAbout2015/11/17 Item 5B Revised Exhibit F l+�-� ��
r.�vi s-�d �2Xl� �
EXHIBIT F
ACCEPTANCE CERTIFICATE
The undersigned, as Lessee under the L=as=-Purchase Agreement(the "Agreemeni")dated December 1, 2015, with Leasing 2, Inc.
("Lesso�'), hereby acknowledges:
1. Equipment delivered and accepted: Lessee has received in good wndition all of the Equipment
described in ihe Agreement and in Exhibit D thereto and accepts the Equipment for all purposes Ihis
day of 20 ,
2. Eauipment deliverv has not vet taken olace: The Equipment described in the Aqreement and in
Ezhibit D thereto, has not been delivered, bui is schedul_d to be delivered wiihin 78 months. Lessor
has agreed to deposit into an escrow account an amount su�cient to pay ihe total cost of the Equipmeni
identifed in Exhibit D of the Agreement. Exhibit E accurately reFlects ihe Lease Amount Lessee agrees
ro exewte an Acceptance Certificate and Payment Request Fortn authorizing paymeni of the cost of the
Equipment, or a portion thereof, for each withdrawal of funds from the Escrow Account. Lessee's
obligation to commence Rental Payments as set forth in Exhibit E-Payment Schedule is absolute and
unconditional as of the Commencement Date, subject to the terms and conditions of the Agreement.
Lessee further acknowledges that the Agreement is not subject to ihe successful delivery of the
Equipment,and ihat in the event of non-performance by the Vendor,Lessee will retain all responsibility
for pertormance under the Agreement.
3. Vendorwill be oaid in full orior to deliverv of eauioment: A 700%pre-funding will be made by Lessor
to Vendor of the lease amount identified as'Equipment Cost'on the Exhibit E—Payment Schedule of
the Agreemenc Lessee agrees to indemniry and hold Lessor harmless from and againr any and all
claims,costs and expenses incurred(including Lessor's attorneys'fees).Lessee further acknowledges
that ihe Agreement is not subject to the successful delivery of the Equipment, and that in the event of
non-perfortnance by the Vendor, Lessee will retain all responsibility for performance under the
Agreement.
Lessee certfies that Lessor has fully and satisfactorily performed all of its covenants and obligations required under the Agreement, and
confirms ihat the Agreement will commence as defined by"Commencement Date"in the attached Agreement, and it will commence payments
in accordance vrith Article VI of the Agreement.
The undersign=d officer of the Lessee hereby reaffirms on behalf of the Lessee in all respects ihe covenants of the Lessee set forth in Article
II of the Agreemeni and represents ihat, to the best of his or her knowledge, information and belief,ihe expectations iherein express=d were
reasonabl=as of the Commencement Date,and that there were,and are as of the date on which Ihey were made,and are reasonable as of the
Commencement Date, no facts. estimates or circumstances other than those expressed iherein ihat would materialy affect the expectations
expressed therein.
LESSEE: City of Chula Vista
By:
Gary Halbert
Title: Citv Manaaer
Date:
City of Chula Vista
(Attorney)
By:
Carol Trujillo
Title :Deoutv Citv Attornev