HomeMy Public PortalAboutResolution No. 125-00 01-25-2000 RESOLUTION # 125-00
WHEREAS, contingent upon the approval of the Attorney of City of Richland Hills (the "Lessee"), the City desires to enter into
that certain Lease-Purchase Agreement dated as of January 11, 2000, by and between City of Richland Hills, Lessee and
Government Capital Corporation, Lessor, for the purpose of financing a fire truck. The City desires to designate this Agreement
as a "qualified tax exempt obligation" of the City for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986,
as amended. The City desires to levy, for each year in which "Lease Payments" (as defined in the Lease-Purchase Agreement)
come due, an ad valorem tax within the limits prescribed by law that is sufficient (together with other funds lawfully available to
the City and applied to the purpose) to provide timely payment of the Lease Payments payable during such year. The City desires
to designate C. F. Kelley, Mayor, as an authorized signer of the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF RICHLAND HILLS:
Section 1. That the City will enter into aLease-Purchase Agreement with Government Capital Corporation for the
purpose of financing a fire truck.
Section 2. That the Lease-Purchase Agreement dated as of January 11, 2000, by and between the City of Richland
Hills and Government Capital Corporation is designated by the City as a "qualified tax exempt obligation" for the purposes of
Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.
Section 3. That for each year in which Lease Payments come due, there is hereby levied an ad valorem tax within
the limits prescribed by law that is sufficient (together with other funds lawfully available to the City and applied to the purpose)
to provide timely payment of the Lease Payments payable during such year.
Section 4. That the City will designate C. F. Kelley, Mayor, as an authorized signer of the Lease-Purchase
Agreement dated as of January 11, 2000, by and between the City and Government Capital Corporation~f"~
• PASSED AND APPROVED by the~aztrd of the City of Richland Hills in a meeting held on the~~J day
G
Signature
C. F. Kelley
Printed Name
Manor
Printed Title
ATTEST:
- ~~A~
C,
Q?~ ~~l.
Terri Willis : -
Printed Name - r _ ~ - ' `a -
~ o ~ ~
City Secretary
Printed Title
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•
PUBLIC PROPERTY FINANCE ACT CONTRACT 9
RESOLUTION # 125-00
WHEREAS, contingent upon the approval of the Attorney of City of Richland Hills (the "Lessee"), the City desires to enter into
that certain Lease-Purchase Agreement dated as of January 11, 2000, by and between City of Richland Hills, Lessee and
Government Capital Corporation, Lessor, for the purpose of financing a fire truck. The City desires to designate this Agreement
as a "qualified tax exempt obligation" of the City for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986,
as amended. The City desires to levy, for each year in which "Lease Payments" (as defined in the Lease-Purchase Agreement)
come due, an ad valorem tax within the limits prescribed by law that is sufficient (together with other funds lawfully available to
the City and applied to the purpose) to provide timely payment of the Lease Payments payable during such year. The City desires
to designate C. F. Kelley, Mayor, as an authorized signer of the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF RICHLAND HILL5:
Section 1. That the City will enter into aLease-Purchase Agreement with Government Capital Corporation for the
purpose of financing a fire truck.
Section 2. That the Lease-Purchase Agreement dated as of January 11, 2000, by and between the City of Richland
Hills and Government Capital Corporation is designated by the City as a "qualified tax exempt obligation" for the purposes of
Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended.
Section 3. 'that for each year in which Lease Payments come due, there is hereby levied an ad valorem tax within
the limits prescribed by law that is sufficient (together with other funds lawfully available to the City and applied to the purpose)
to provide timely payment of the Lease Payments payable during such year.
Section 4. That the City will designate C. F. Kelley, Mayor, as an authorized signer of the Lease-Purchase
Agreement dated as of January 11, 2000, by and between the City and Government Capital Corporation~f"~
• PASSED AND APPROVED by the~azrril of the City of Richland Hills in a meeting held on the~~
J day
Signature
C. F. Kelley
Printed Name
Mayor
Printed Title
ATTEST: . • • ' ~ ~ ,
rg atur ~ . t°~
Terri Willis : ~ ~
Printed Name ; ~ _k.:
City Secretary =
Printed Title
',~d444~~sa~s'•
•
PUBLIC PROPERTY FINANCE ACT CONTRACT B
MUNICIPAL
LEASE-PURCHASE AGREEMENT
• THIS MUNICIPAL LEASE-PURCHASE AGREEMENT (hereafter referred to as "Agreement") dated as of January 11, 2000, by and behveen
Government Capital Corporation, a Texas corporation (herein referred to as "Lessor"), and City of Richland Hills, a political subdivision or agency of the state
of Texas (hereinafter referred to as "Lessee").
WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the property described in Exhibit A hereto
(hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto,
referred to as [he "Property") for the amounts to be paid in the sums (the "Lease Payments") and on the dates (the "Lease Payment Dates") set forth in Exhibit
B hereto. The obligation of the Lessee to make the Lease Payments called for in Exhibit B hereto shall be absolute and unconditional in all events and shall not
be subject to any set-off, defense, counterclaim or recoupment for any reason. The term of the lease hereunder shall commence upon the acceptance ofpossession
of the Property by Lessee (or acceptance by Lessee of delivery of the first item of Property if this Agreement involves multiple items of Property) and shall
continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease
term as set forth in Exhibit B, unless earlier terminated as provided herein. Lessee will evidence its acceptance of the Property by executing and delivering to
Lessor a Certificate of Acceptance (hereinafter so called) in the form provided by Lessor.
2. Pledge of Ad Valorem Taxes.
(a) Upon this Agreement taking effect the Lessee shall establish an interest and sinking fund (the & S Fund"),which shall be maintained
by the Lessee as long as any Lease Payments are unpaid. The Lessee hereby pledges the I & S Fund for the exclusive purpose of securing the payment of the
Lease Payments and shall apply the funds therein to the payment of Lease Payments as such payments come due.
(b) The Lessee has levied an ad valorem tax (and each year in which Lease Payments come due, the Lessee shall levy an ad valorem tax)
within the limits prescribed by law, that is sufficient (together with any other funds lawfully available to the Lessee for the purpose) to pay the Lease Payments
coming due in such year. As Lessee receives collections of such ad valorem tax, it shall deposit such tax collections into the I & S Fund. Lessee from time to
time may deposit any other lawfully available funds into the I & S Fund.
(c) The I & S Fund shall be depleted at least once a year except for a carryover amount not to exceed one twelfth (1/12) of the amount of
the Lease Payments expected to come due in the following year.
3. Taxes. In addition to the Lease Payments to be made pursuant to Section 1 hereof, Lessee agrees to indemnify and hold Lessor harmless
from and against and to pay Lessor, as additional rent, on demand, an amount equal to all license, assessments, sales, use, real or personal property, gross receipts
or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines, or interest thereon imposed against or on Lessor, Lessee or the Property
by any governmental authority upon or with respect to the Property or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of
payments for, the Property, except any Federal or state income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided
such contest does not involve any risk of sale, forfeiture or loss of the Property or any interest therein.
4. Lessee's Covenants and Representations. Lessee covenants and represents as follows:
(a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and authority to enter into this Agreement
which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and
all requirements for execution, delivery and performance of this Agreement have been, or will be, complied with in a timely manner;
(b) All Payments hereunder have been duly authorized and will be paid when due;
(c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization or
performance of, or expenditure of funds pursuant to, this Agreement;
(d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with
the Agreement are true and correct;
(e) Lessee has an immediate need for, and expects to make immediate use of, substantially all the Property, which need is not temporary
or expected to diminish in the foreseeable future;
(f) There are no circumstances presently affecting the Lessee that could reasonably be expected to alter its foreseeable need for the Property
or adversely affect its ability or willingness to budget funds for the payments of sums due hereunder.
5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons
only. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Property improperly, carelessly, or in violation
of any applicable law, ordinance, rule or regulation of any govemmental authority, or in a manner contrary to the nature of the Property or the use contemplated
by its manufacturer. Lessee shall keep the property at the location stated on the Certificate of Acceptance executed by Lessee upon delivery of the Property until
Lessor in writing permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all
registrations, permits and licenses, ifany, required by law for the installation and operation of the Property. Any license plates used on the Property shall be issued
in the name of the Lessee. If a certificate of title is issuable with respect to the Property, it shall be delivered to the Lessor showing the interest of the Lessor.
6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and
maintain the Property in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use
alone excepted, and shall replace any and all parts thereof which may from time to time become wom out, lost, stolen, destroyed, or damaged beyond repair or
rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others and
shall become part of the Property and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses and insurance premiums necessary
for the repair, maintenance and preservation of the Property, and al] sums so expended shall be due from Lessee in addition to rental payments hereunder.
7. Alterations.
(a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Property such equipment or accessories as may be
necessary or convenient to use the Property for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Property.
All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at
Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor.
(b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or improvements to the Property except
as required or permitted hereunder. Any other alterations, modifications or improvements to the Property shall immediately become part of the Property, subject
to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Property to any real property. The Property shall
• remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests upon any real property or any improvement
thereon.
8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge,
encumbrance or claim on or with respect to the Property, title thereto or any interest therein, except the respective rights of Lessor and Lessee hereunder.
PUBLIC PROPERTY FINANCE ACT CONTRACT 1
9. Damage to or Destruction of Property. Lessee shall bear the entire risk of loss, damage, theft or destruction of the Property from any
and every cause whatsoever, and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments
or from any other obligation under this Agreement. In the event of damage to any item of the Property, 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 Property is lost, stolen, destroyed or damaged
beyond repair, Lessee at the option of Lessee will either (a) replace the same with like property in good repair or (b)on the next Lease Payment Date, pay Lessor
• (i) all amounts then owed by Lessee to Lessor under this Agreement, including the Lease Payment due on such date, and (ii) an amount equal to the applicable
Option to Purchase Value set forth in attached Exhibit B.
10. Insurance. Lessee shall either be self-insured with regard to the Property or shall purchase and maintain insurance with regard to the
Property. Lessee shall indicate on each Certificate of Acceptance executed in relation to this Agreement its election to be self-insured or company insured with
regard to the Property listed on that Certificate of Acceptance. Whether Lessee is self-insured or company insured, Lessee shall, for the term of this Agreement,
at its own expense, provide comprehensive liability insurance with respect to the Property, insuring against such risks, and such amounts as are customary for
lessees of property of a character similar to the Property. In addition, Lessee shall, for the term of this Agreement, at its own expense, provide casualty insurance
with respect to the Property, insuring against customary risks, coverage at all times not less than the amount of the unpaid principal portion of the Lease Payments
required to be made pursuant to Section 1 as of the last preceding Payment Date specified in Exhibit B on which a Lease Payment was made. If insurance policies
are provided with respect to the Property, all insurance policies shall be with insurers authorized to do business in the State where the Property is located and shall
name both Lessor and Lessee as insureds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor,
subject to the provisions of Section 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverages together with premium receipts, and each
insurer shall agree to give Lessor written notice ofnon-payment of any premium due and ten (10) days notice prior to cancellation or alteration of any such policy.
Lessee shall also carry and require any otherperson or entity working on, in or about the Property to carry workmen's compensation insurance covering employees
on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirements of this Section, Lessee shall indemnify, save harmless and,
at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors and the Property against all risk of loss not covered by insurance.
11. No Warranty. EXCEPT FOR REPRESENTATIONS, WARRANTIES, AND SERVICE AGREEMENTS RELATING TO THE
PROPERTY MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE PROPERTY, ALL OF WHICH ARE HEREBY ASSIGNED
TO LESSEE, LESSOR HAD MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS ORIMPLIED, AND ASSUMES NO OBLIGATION
WITH RESPECT TO THE TITLE, MERCHANTABIL[TY,OONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A FOR
ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATION OR PURCHASE ORDER, ITS DESIGN, DELIVERY,
INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and
Lessor shalt not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty so assigned shall be made or prosecuted by
Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on
such warranty, at Lessor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor.
12. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to
purchase not less than all of the Property which is then subject to this Agreement, "as is" at the payment date, for the Option to Purchase Values set forth in Exhibit
B by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such option; provided [hat upon
Lessee's timely payment of all Lease Payments specified in Exhibit B, Lessee shall be deemed to have properly exercised its option to purchase the Property and
shall be deemed to have acquired all of Lessor's right, title and interest in and to the Property, free of any lien, encumbrance or security interest except such liens,
encumbrances or security interest as may be created, or permitted and no[ discharged, by Lessee but without other warranties. Payment of the applicable Option
to Purchase Value shall occur on the applicable Lease Payment Date specified in Exhibit B hereto, at which time Lessor shall, unless not required hereunder,
deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien, encumbrance or security interest except such
as may be created, or permitted and no[ discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to
Purchase Value and Lessor's actual or constructive delivery ofa quitclaimbill ofsale covering the Property, this Agreement shall terminate except as to obligations
or liabilities accruing hereunder prior to such termination.
13. Default and Lessor's Remedies.
(a) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or
involuntarily, by operation of law or pursuant to any order of any court or governmental agency:
crr Lessee fails to make any payment hereunder when due or within ten (10) days thereafter;
rzr Lessee fails to comply with any other covenant, condition or agreement of Lessee hereunder far a period of the ten (10) days
after notice thereof;
c» Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of [he date made;
c+r Lessee makes, permits or suffers any unauthorized assignment, transfer or other disposition of this Agreement or any interest
herein, or any part of the Property or any interest therein; or
rsr Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to or
acquiesces in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent
or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part of its property and is not discharged within sixty (60) days; or any
bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding
is instituted by or against Lessee and, if instituted against Lessee, is consented to or acquiesced in by Lessee or is not dismissed within sixty (60) days.
(b) Upon the occurrence of any Event of Default specified herein, Lessor may, at its sole discretion, exercise any or all of the
following remedies:
rr~ Enforce thisAgreementbyappropriateactiontocollectamountsdueortobecomeduehereunder,byaccelerationofothenvise,
or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor;
r:r Take possession of the Property, without demand or notice and without court order or any process of law, and remove and
relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred
by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Section 1 hereof and the amounts received and to be
received by Lessor in connection with any such rele[ting;
car Terminate this Agreement and repossess the Property, in which event Lessee shall be liable for any amounts payable hereunder
through the date of such termination and all costs and expenses incurred by Lessor in connection therewith;
c+r Sell the Property or any portion thereof for Lessor's account at public or private sale, for cash or credit, without demand on
notice to Lessee of Lessor's intention to do so, or relet the Property for a term and a rental which may be equal to, greater than or less than the rental and term
provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this
Agreement are less than the sum of(i) the costs ofsuch repossession, sale, relocation, storage, reconditioning, reletting and reinstallation (including but not limited
to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last preceding Lease Payment Date specited in Exhibit B, and
(iii) any past due amounts hereunder (plus interest on such unpaid principal balance at the rate specified in Section 18 hereof, prorated to the date of such sale),
• all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or
PUBLIC PROPERTY FINANCE ACT CONTRACT 2
ts> Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs
and expenses incurred by Lessor in connection therewith. "Costs and expenses," as such term is used in this Section 13, shall mean, to the extent allowed by law:
(i) reasonable attomeys' fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (ii) court
costs and disbursements including such costs in the event ofany action necessary to secure possession ofthe Property; and (iii) actual and reasonable out-of-pocket
expenses incurred in connection with any repossession or foreclosure, including costs ofstoring, reconditioning and reselling the Property, subject to the standards
• of good faith and commercial reasonableness set by the applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws.
14. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Section 12 hereof, lessee shall, upon the expiration
of the term of this Agreement or any earlier termination hereof pursuant to Section 13 hereof, deliver the Property to Lessor unencumbered and in at least as good
condition and repair as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Property, at Lessee's sole
expense, on such carver, or delivering the Property to such location, as Lessor shall provide or designate at or within a reasonable distance from the general
location of the Property. If Lessee fails to deliver the Property to Lessor, as provided in this Section 14, on or before the date of termination of this Agreement,
Lessee shall pay to Lessor upon demand, for the hold-over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from
the date of termination of this Agreement to the date Lessee either redelivers the Property to Lessor or Lessor repossesses the Property. Lessee hereby waives
any right which it now has or which may be acquired or conferred upon it any law or order of any court or other governmental authority to terminate this
Agreement or its obligations hereunder, except in accordance with the express provisions hereof.
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 Agreement or the Property or any interest in this Agreement or the Property; or (ii) sublet or lend the Property 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 Agreement, the Property and any
other documents executed with respect to this Agreement and/or grant or assign a security interest in this Agreement and the Property, in whole or in part. Any
such assignees shall have all of the rights of Lessor under this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon
the heirs, executors, administrators, successors and assigns of the parties hereto. No assignment or reassignment of any of Lessor's rights, title or interest in this
Agreement or the Property shall be effective with regard to Lessee unless and until Lessee shall have received a copy of the document by which the assignment
or reassignment is made, disclosing the name and address of such assignee. No further action will be required by Lessor or by Lessee to evidence the assignment,
but Lessee will acknowledge receipt of such assignments in writing if so required. During the term of this Agreement, Lessee shall keep a complete and accurate
record of all such assignments in form necessary to comply with the United States Internal Revenue Code of 1986, Section 149 (a), and the regulations, proposed
or existing, from time to time promulgated thereunder.
16. Personal Property. The Property is and shall at all times be and remain personal property.
17. Title. Upon acceptance of the Property by Lessee hereunder, Lessee shall have title to the Property during the term of this Agreement;
however, in the event ofan Event of Default hereunder and for so long as such Even[ of Default is continuing, title shall be reverted immediately in and shall revert
to Lessor free ofany right, title or interest of Lessee unless Lessor elects otherwise.
18. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with any of its covenants or obligations
hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the
amount of any such payment and the expenses (including but not ]invited to reasonable attomeys' fees) incurted by Lessor in performing or complying with such
covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand.
19. Interest on Default. If Lessee fails to pay any Lease Payment specified in Section 1 hereof within ten (10) days after the due date thereof,
Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the highest lawful rate.
20. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be
given by certified or registered mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing
. such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received
by the party to whom it is addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement
or at such other address as either party may hereafter designate.
21. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its successors, a
security interest in the Property, all accessions thereto and proceeds therefrom, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a
secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Property is located or any other State which
may have jurisdiction over the Property. Lessee agrees to execute, acknowledge and deliver to Lessor in recordable form upon request financing statements or
any other instruments with respect to the Property or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest
granted herein in accordance with the laws of the applicable jurisdiction.
In the event of default by the Lessee, the Lessor agrees to look first to Lessee's tax pledge. In the event the tax pledge is found to be insufficient to
satisfy said default, then and only then will Lessor foreclose upon his perfected security interest in the Property.
22. Tax Exemption. Lessee certifies that it does reasonably anticipate that not more than $10,000,000 of "qualified tax-exempt obligations,"
as that term is defined in Section 265 (b) 3 (D) of the Internal Revenue Code of 1986 ("the Code"), will be issued by it and any subordinate entities during 2000.
Further, Lessee will, by resolution, designate this issue as comprising a portion of the $10 million in aggregate issues to be designated as "qualified tax exempt
obligations" eligible for the exception contained in Section 265 (b) 3 (D) of the Code allowing for an exception to the general rule of the Code which provides
for a total disallowance of a deduction for interest expense allocable to the carrying of tax exempt obligations.
23. Miscellaneous.
(a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Property and shall give the Lessor immediate
notice of any attachment or other judicial process affecting the Property, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor
may, for the purpose of inspection, at all reasonable times enter upon anyjob, building or place where the Property and the books and records of the Lessee with
respect thereto are located.
(b) Lessee agrees to equitably adjust the payments payable under this Agreement if there is a determination for any reason that the interest
payable pursuant to this Agreement (as incorporated within the schedule of payments) is not excludable from income in accordance with the Internal Revenue
Code of 1986, as amended, such as to make Lessor and its assigns whole.
(c) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be waived except by the written consent
of Lessor, and a waiver of any such covenant or obligation or a forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver
of such covenantor obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to Lessee's cure of the
condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative.
(d) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which the Property is located.
(e) This Agreementconstitutestheentireagreementberiveenthepartiesandshallnotbemodified,waived, discharged,terminated,amended,
altered or changed in any respect except by a written document signed by both Lessor and Lessee.
(f) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be ineffective to the extent of such
prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement.
• (g) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or appoint any
person or entity to act as agent or trustee for Lessor for any purposes hereunder.
(h) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor ofany change occurring in or to the Property,
of a change in Lessee's address, or in any fact or circumstance warranted or represented by Lessee to Lessor, or if any Event of Default occurs.
PUBLIC PROPERTY FINANCE ACT CONTRACT 3
(i) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or feminine
gender whenever and wherever appropriate.
(j) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof.
(k) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns, where permitted by this Agreement.
• In W [TNESS WHEREOF, the parties have executed this Agreement as of the day of in the year
LESSOR: Government Capital Corporation ATrESr s(cNATLJRE
PRINTED NAME
BY:
Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President PRa~rrEDrm,E
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
LESSEE: City o 'chland Hills ArrESrstcrrArtme
PR7Nim NAME l LJ LC..~--1
RY.
C. ell ,Mayor PRlxrmrmE ~
3200 Diana Drive ~ • ~ ~ I r ~ ~ I
Richland Hills, TX 76118 ~~~1~~~'~ ~
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•
PUBLIC PROPERTY FINANCE ACT CONTRACT ~ 4
EXHIBIT A
DESCRIPTION OF PROPERTY
MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
LESSOR, Government Capital Corporation ~a LESSEE, City of Richland Hills
Dated as of January 11, 2000
QTY DESCRIPTION
AFIRE TRUCK as follows
Detail to be Provided Before Closing
•
PROPERTY LOCATION:
• Fire Station, 3201 Diana Drive, Richland Hills, TX
PUBLIC PROPERTY FINANCE ACT CONTRACT 5
•
GOVERNMENT CAPITAL CORPORATION
, EXHIBIT B
» SCHEDULE OF PAYMENTS & OPTION TO PURCHASE PRICE «
LESSEE: City of Richland Hills
Equipment Cost: $250,000.00
Financed Amount: $246,340.52
Effective Rate: 5.75000%
Interest Rate: 6.12900%
PMT PMT DATE TOTAL INTEREST PRINCIPAL OPTION TO PURCHASE
NO. MO. DAY YR PAYMENT PAID PAID after pmt on this line
1 08/01/2000 $33,048.71 $10,234.03 $22,814.68 $232,311.10
2 08/01/2001 $33,048.71 $13,700.97 $19,347.74 $211,458.72
3 08/01/2002 $33,048.71 $12,515.06 $20,533.65 $189,511.59
4 08/01/2003 $33,048.71 $11,256.45 $21,792.26 $166,412.24
5 08/01 /2004 $33,048.71 $9,920.70 $23,128.01 $142,100.17
• 6 08/01/2005 $33,048.71 $8,503.07 $24,545.64 $116,511.72
7 08/01/2006 $33,048.71 $6,998.55 $26,050.16 $89,579.88
8 08/01 /2007 $33,048.71 $5,401.81 $27,646.90 $61,234.11
9 08/01/2008 $33,048.71 $3,707.20 $29,341.51 $31,400.19
10 08/01/2009 $33,048.71 $1,908.74 $31,139.97 $1.00
Grand Totals $330,487.10 $84,146.58 $246,340.52
ACCEPTED BY LESS C. F. Kelley, Mayor
•
INCUMBENCY AND INSURANCE CERTIFICATES
• MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
Lesson, Government Capital Corporation ~,a Lessee, City of Richland Hills
Dated as of January 11, 2000
I, Terri Willis, (NAME), do hereby certify that I am the duly elected or appointed and acting City Secretary (Keeper of the
Records) (TITLE), of City of Richland Hills, a political subdivision or agency duly organized and existing under the laws of the State
of Texas, that I have custody of the records of such entity, and that, as of the date hereof, the individual(s) named below are the
duly elected or appointed officer(s) of such entity holding the office(s) set forth opposite their respective name(s). I further certify
that (i) the signature(s) set opposite their respective name(s) and title(s) are their true and authentic signature(s), and (ii) such
officers have the authority on behalf of such entity to enter into that certain Municipal Lease-Purchase Agreement dated as of
January 11, 2000, between such entity and Government Capital Corporation.
NAME TITLE SIGNATURE
~ y-c~
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this :Y day
Terri Will's, City Secretary
• Lessee certifies that property and liability insurance, if applicable, have been secured in accordance with the Agreement and such
coverage will be maintained in full force for the term of the Agreement. "Lessor or its Assigns" should be designated as loss payee
until Lessee is notified, in writing, to substitute a new loss payee. The following information is provided about insurance:
INSURANCE COMPANY/AGEN1"S NAME: Y
INSURANCE COMPANY ADDRESS: .i
.t
PHONE NUMBER: _POLICY NUMBER: y
BY LESSEE:
C. F. K ley, Mayor ~ , ~ ' ' '
FoR LESSEE: City of Richland Hills ~ ' ' •
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PUBLIC PROPERTY FINANCE ACT CONTRACT 7
- i=°rm 8038'GI Information Return for Tax-Exempt Governmental Obligations
? Under Internal Revenue Code section 149(e) oMB No. isa5-0720
(Rev. May 1995) ? See separate Instructions.
Department of the Treasury (Note: Use Form 8038-GC if the issue price is under $100,000.)
• In-emal Revenue Service
Re ortin Authori If Amended Return, check here ? ?
1 Issuer's name 2 Issuer's employer identification number
CITY OF RICHLAND H1LL5 75 6003948
3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number
3200 Diana Drive G19 -
5 City, town, or post office, state, and ZIP code 6 Date of issue
Richland Hills, TX 76118 1-11-00
7 Name of issue 8 CUSIP number
Type of Issue (check applicable box(es) and enter the issue price)
9 ? Education (attach schedule-see instructions) . 9 $
10 ? Health and hospital (attach schedule-see instructions). 10
11 ? Transportation 11
12 ?x Public safety. 12
13 ? Environment (including sewage bonds) . 13
14 ? Housing 14
15 ? Utilities 15
16 ? Other. Describe (see instructions) ? 16
17 If obligations are tax or other revenue anticipation bonds, check box ? ?
18 If obligations are in the form of a lease or installment sale, check box ? ?
Descri lion of Obli ations
(a) (b) tc) Id1 le) (g)
Stated redemption Weighted Net interest
Maturity date Interest rate Issue price price at maturity average maturity Yield cost
19 Final maturity. N A N A% N A N
20 Entire issue N/A en (10) years
Uses of Proceeds of Bond Issue includin underwriters' discount
21 Proceeds used for accrued interest 21 N/A
22 Issue price of entire issue (enter amount from line 20, column (c)) 22 N A
23 Proceeds used for bond issuance costs (including underwriters' discount) 23 N/A
24 Proceeds used for credit enhancement . 24 N/A
25 Proceeds allocated to reasonably required reserve or replacement fund 25 N/A
26 Proceeds used to currently refund prior issues 26 N/A
27 Proceeds used to advance refund prior issues 27 N A
28 Total (add lines 23 through 27) . 28 N A
29 Nonrefundin roceeds of the issue subtract line 28 from line 22 and enter amount here . 29
Description of Refunded Bonds Complete this art only for refundin bonds.)
30 Enter the remaining weighted average maturity of the bonds to be currently refunded ? N/A years
31 Enter the remaining weighted average maturity of the bonds to be advance refunded ? N/A years
32 Enter~the last date on which the refunded bonds will be called . ? N/A
33 Enter the date(s) the refunded bonds were issued ?
- Miscellaneous
34 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ~
35 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(III) (small issuer exception) 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a NONE
b Enter the final maturity date of the guaranteed investment contract . ?
- 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
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 ?
38 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ? ?
•39 If the issuer has identified a hedge, check box ? ?
Under penalties of perjury, 1 declare that 1 have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, corr t, and complete.
Please
Sign '
Here C. F. KELLEY, MAYOR
ig lure of issuer's authorized representative Date 'Type or print name and title
For Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat. No. 63773S Form 8038-G (Rev. s-ss)
Printed on recycled paper 'U.S. Government Printing Office: 1995 - 387-095J20109
- THIS SPACE FOR USE OF FILING OFFICER
~INANCING STATEMENT - FoLLOw INSTRUCTIONS CAREFULLY
his Financing Statement is presented for filing pursuant to the Uniform Commercial Code
and will remain effective, with certain exceptions, for 5 years from the date of filing.
A. NAME 8 TEL. # OF CONTACT AT FILER (optional) B. FILING OFFICE ACCT. # (optional)
ANGIE LEIJA
(972) 518-1199
C. RETURN COPY T0: (Name and Mailing Address)
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
.OPTIONAL DESIGNATION [if applipble]: ESSOR/LESSE ONSIGNOR/CONSIGNE NON•UCC FILING
1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1 a or 1 b)
1a. ENTITY'S NAME
CITY OF RICHLAND HILLS
~R 1b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
tc. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
3200 Diana Drive Richland Hills TX 76118
1d. S.S. OR TAX I.D.# OPTIONAL 1e. TYPE OF ENTITY 1f. ENTITY'S STATE 1g. ENTITY'S ORGANIZATIONAL I.D.#, if any
7 5 - 6 0 0 3 94 8 ADD'NL INFO RE OR COUNTRY OF NONE
ENTITY DEBTOR ORGANIZATION
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (2a or 2b)
2a. ENTITY'S NAME
R 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
2d. S.S. OR TAX I.D.# OPTIONAL 1e. TYPE OF ENTITY 2f. ENTITY'S STATE 2g. ENTITY'S ORGANIZATIONAL I.D.#, if any
ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
3. SECURED PARTY'S (ORIGINAL S/P or ITS TOTAL ASSIGNEE) EXACT FULL LEGAL NAME -insert only one secured party name (3a or 3b)
3a. ENTITY'S NAME
OR 3b. INDIVIDUAL'S IAST NAME FIRST NAME MIDDLE NAME SUFFIX
3c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
TX
4. This FINANCING STATEMENT covers the following types or items of property:
A FIRE TRUCK as follows
VIN
5. CHECK This FINANCING STATEMENT is signed by the Secured Party instead of the Debtor to perfect a security interest 7. If filed in Florida (check one)
BOX (a) in collateral already subject to a security interest in another jurisdiction when it was brought into this state, or when the Documentary Documentary stamp
[if applicable] debtor's to lion was changed to t ~ state, or (b) in accordance with other statutory provisions [additional data may be required) stamp tax paid tax not applicable
. REQUI IGNATU Y , MAYOR 8. This FINANCING STATEMENT is to be filed [for record]
(or recorded) in the REAL ESTATE RECORDS
Attach Addendum [if applicable]
9. Check to REQUEST SEARCH CERTIFICATE(S) on Debtor(s)
[ADDITIONAL FEE]
(optionap All Debtors ebtor t Debtor 2
1 FILING OFFICER COPY -NATIONAL FINANCING STATEMENT FORM UCC1 RANS REV.12/18/95 Printed by UCC Control - LibraSofU Inc.
( )R ) 229 Johnson St., Swte C, Santa Fe, NM 87501
THIS SPACE FOR USE OF FILING OFFICER
INANCING STATEMENT - FOLLOW INSTRUCTIONS CAREFULLY
is Financing Statement is presented for filing pursuant to the Uniform Commercial Code
and will remain effective, with certain exceptions, for 5 years from the dale of filing.
A. NAME 8 TEL. # OF C NTACT AT FILER (optional) B. FILING OFFICE ACCT. # (optional)
ANGIE L~IJA
(972) 518-1199
. RETURN COPY TO: (Name and Mailing Address)
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
J
.OPTIONAL DESIGNATION [if applicable]: ESSOR/LESSE ONSIGNOR/CONSIGNE NON-UCC FILING
1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1 a or 1 b)
1a. ENTITY'S NAME
CITY OF RICHLAND HILLS
OR 1b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
1c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
3200 Diana Drive Richland Hills TX 76118
1d. S.S. OR TAX I.D.# OPTIONAL te. TYPE OF ENTITY 1f. ENTITY'S STATE 1g. ENTITY'S ORGANIZATIONAL I.D.#, if any
75-6003948 ADD'NLINFORE OR COUNTRY OF NONE
ENTITY DEBTOR ORGANIZATION
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (2a or 2b)
2a. ENTITY'S NAME
•OR 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
2d. S.S. OR TAX I.D.# OPTIONAL te. TYPE OF ENTITY 2f. ENTITY'S STATE 2g. ENTITY'S ORGANIZATIONAL I.D.#, if any
ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
3. SECURED PARTY'S (ORIGINAL S/P or ITS TOTAL ASSIGNEE) EXACT FULL LEGAL NAME -insert only one secured party name (3a or 3b)
3a. ENTITY'S NAME
OR 3b. INDIVIDUAL'S IAST NAME FIRST NAME MIDDLE NAME SUFFIX
3c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
TX
4. This FINANCING STATEMENT covers the following types or items of property:
A FIRE TRUCK as follows
VIN
5. CHECK This FINANCING STATEMENT is signed by the Secured Party instead of the Debtor to perfect a security interest 7. If filed in Florida (check one)
gOX (a) in collateral alread ubject to a security interest in another jurisdiction when it was brought into this state, or when the Documentary Documentary stamp
[if applicable] debtor's location changed to this st , or (b)in accordance with other statutory provisions [additional data may be required] stamp tax paid tax not applicable
. REQUIRED SI s F . MAYOR 8. This FINANCING STATEMENT is to be filed [for record)
(or recorded) in the REAL ESTATE RECORDS
Attach Addendum [if applicable]
9. Check to REQUEST SEARCH CERTIFICATE(S) on Debtor(s)
[ADDITIONAL FEE]
(optional) All Debtors ebtor 1 Deblor 2
(2) ACKNOWLEDGMENT COPY -NATIONAL FINANCING STATEMENT (FORM UCC1)(TRANS)(REV.12/18/95) Printed by UCC Control - LibraSoft, Inc.
229 Johnson St., Suite C, Santa Fe, NM 87501
THIS SPACE FOR USE OF FILING OFFICER
INANCING STATEMENT - FoLLOw INSTRUCTIONS CAREFULLY
is Financing Statement is presented for filing pursuant to the Uniform Commercial Code
and will remain effective, with certain exceptions, for 5 years from the date of filing.
A. NAME & TEL. # OF CONTACT AT FILER (optional) 8. FILING OFFICE ACCT. # (optional)
ANGIE LEIJA
(972) 518-1199
C. RETURN COPY TO: (Name and Mailing Address)
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
.OPTIONAL DESIGNATION [if applicable]: ESSOR/LESSEE ONSIGNOR/CONSIGNE NON-UCC FILING
1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1 a or 1 b)
1a. ENTITY'S NAME
CITY OF RICHLAND HILLS
OR ~ b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
1c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
3200 Diana Drive Richland Hills TX 76118
td. S.S. OR TAX I.D.# OPTIONAL te. TYPE OF ENTITY tf. ENTITY'S STATE tg. ENTITY'S ORGANIZATIONAL I.D.#, if any
7 5- 6 0 0 3 94 8 ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (2a or 2b)
2a. ENTITY'S NAME
OR 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
2d. S.S. OR TAX I.D.# OPTIONAL 1e. TYPE OF ENTITY 2f. ENTITY'S STATE 2g. ENTITY'S ORGANIZATIONAL f.D.#, if any
ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
3. SECURED PARTY'S (ORIGINAL S/P or ITS TOTAL ASSIGNEE) EXACT FULL LEGAL NAME -insert only one secured party name (3a or 3b)
3a. ENTITY'S NAME
OR 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
3c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
TX
4. This FINANCING STATEMENT covers the following types or items of property:
A FIRE TRUCK as follows
VIN
5. CHECK This FINANCING STATEMENT is signed by the Secured Party instead of the Debtor to perfect a security interest 7. If filed in Florida (check one)
BOX (a) in collateral already subject to a security interest in anotherjurisdiction when it was brought into this state, or when the Documentary Documentary stamp
[if applicable debtofs to ~ n was changed to this rate, or (b) in accordance with other statutory provisions [additional data may be required) stamp tax paid tax not applicable
REQUt NAT Y MAYOR 8. This FINANCING STATEMENT is to be filed [for record]
(or recorded) in the REAL ESTATE RECORDS
Attach Addendum [if applicable)
9. Check to REQUEST SEARCH CERTIFICATE(S) on Debtor(s)
[ADDITIONAL FEED
(optional) All Debtors ebtor 1 Debtor 2
(3) SEARCH REQUEST COPY -NATIONAL FINANCING STATEMENT (FORM UCC1)(TRANS)(REV.12/18/95) Printed by UCC Control - LibraSoft, Inc.
229 Johnson St., Swte C, Santa Fe, NM 87501
- THIS SPACE FOR USE OF FILING OFFICER
~INANCING STATEMENT - FoLLOw INSTRUCTIONS CAREFULLY
is Financing Statement is presented for filing pursuant to the Uniform Commercial Code
and will remain effective, with certain exceptions, for 5 years from the date of filing.
A. NAME & TEL. # OF ONTACT AT FILER (optional) B. FILING OFFICE ACCT. # (optional)
ANGIE LEIJA
(972) 518-1199
.RETURN COPY T0: (Name and Mailing Address)
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
.OPTIONAL DESIGNATION (if applicable]: ESSOR/LESSE ONSIGNOR/CONSIGNE NON-UCC FILING
1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1 a or 1 b)
1a. ENTITY'S NAME
CITY OF RICHLAND HILLS
OR 1b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
tc. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
3200 Diana Drive Richland Hills TX 76118
1d. S.S. OR TAX I.D.# OPTIONAL 1e. TYPE OF ENTITY 1f. ENTITY'S STATE 1 g. ENTITY'S ORGANIZATIONAL I.D.#, if any
75-6003948 ADD'NLINFORE OR COUNTRY OF NONE
ENTITY DEBTOR ORGANIZATION
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (2a or 2b)
2a. ENTITY'S NAME
R 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
2d. S.S. OR TAX I.D.# OPTIONAL 1e. TYPE OF ENTITY 2f. ENTITY'S STATE 2g. ENTITY'S ORGANIZATIONAL I.D.#, if any
ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
3. SECURED PARTY'S (ORIGINAL S/P or ITS TOTAL ASSIGNEE) EXACT FULL LEGAL NAME -insert only one secured party name (3a or 3b)
3a. ENTITY'S NAME
OR 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
3c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
TX
4. This FINANCING STATEMENT covers the following types or items of property:
A FIRE TRUCK as follows
VIN
5. CHECK This FINANCING STATEMENT is signed by the Secured Party instead of the Debtor to perfect a security interest 7. If filed in Florida (check one)
BOX (a) in collateral already subject to a security interest in another jurisdiction when it was brought into this state, or when the Documentary Documentary stamp
[if applicable] debtors location changed to this st , or (b)in accordance with other statutory provisions [additional data may be required] stamp lax paid tax not applicable
REQUIRED R MAYOR 8. This FINANCING STATEMENT is to be filed [for record]
(or recorded) in the REAL ESTATE RECORDS
Attach Addendum [if applicable]
9. Check to REQUEST SEARCH CERTIFICATE(S) on Debtor(s)
[ADDITIONAL FEE]
(optional) All Debtors ebtor 1 Debtor 2
(4) DEBTOR COPY -NATIONAL FINANCING STATEMENT (FORM UCC1)(TRANS)(REV.12/18/95) Printed by UCC Control -Libra Soft, Inc.
229 Johnson St., Swte C, Santa Fe, NM 87501
' THIS SPACE FOR USE OF FILING OFFICER
INANCING STATEMENT - FOLLOW INSTRUCTIONS CAREFULLY
~is Financing Statement is presented for filing pursuant to the Uniform Commercial Code
and will remain effective, with certain exceptions, for 5 years from the dale of filing.
A. NAME & TEL. # OF CONTACT AT FILER (optional) B. FILING OFFICE ACCT. # (optional)
ANGIE LEIJA
(972) 518-1199
C. RETURN COPY T0: (Name and Mailing Address)
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400
Irving, TX 75038
.OPTIONAL DESIGNATION [if applipble): ESSOR/LESSE ONSIGNOR/CONSIGNE NON-UCC FILING
1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (1 a or 1 b)
ta. ENTITY'S NAME
CITY OF RICHLAND HILLS
OR 1b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
tc. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
3200 Diana Drive Richland Hills TX 76118
1d. S.S. OR TAX I.D.# OPTIONAL te. TYPE OF ENTITY 1f. ENTITY'S STATE 1g. ENTITY'S ORGANIZATIONAL I.D.#, if any
75-6003948 ADD'NLINFORE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name (2a or 2b)
2a. ENTITY'S NAME
R 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
2c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
2d. S.S. OR TAX f.D.# OPTIONAL 1 e. TYPE OF ENTITY 2f. ENTITY'S STATE 2g. ENTITY'S ORGANIZATIONAL t.D.#, if any
ADD'NL INFO RE OR COUNTRY OF
ENTITY DEBTOR ORGANIZATION NONE
3. SECURED PARTY'S (ORIGINAL S/P or ITS TOTAL ASSIGNEE) EXACT FULL LEGAL NAME -insert only one secured party name (3a or 3b)
3a. ENTITY'S NAME
OR 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
3c. MAILING ADDRESS CITY STATE COUNTRY POSTAL CODE
TX
4. This FINANCING STATEMENT covers the following types or items of property:
A FIRE TRUCK as follows
VIN
5. CHECK This FINANCING STATEMENT is signed by the Secured Party instead of the Debtor to perfect a security interest 7. If fled in Florida (check one)
BOX (a) in collateral already subject to a security interest in another jurisdiction when it was brought into this state, or when the Documentary Documentary stamp
[if applicable) debtor's loratio s changed to this state, (b)in accordance with other statutory provisions (additional data maybe required) stamp tax paid tax not applicable
. REQUIRED TU F . MAYOR 8. This FINANCING STATEMENT is to be filed [for record]
r
(or recorded) in the REAL ESTATE RECORDS
Attach Addendum [if applicable]
9. Check to REQUEST SEARCH CERTIFICATE(S) on Debtor(s)
[ADDITIONAL FEE]
(optional) All Deblors ebtor 1 Debtor 2
(5) SECURED PARTY COPY -NATIONAL FINANCING STATEMENT (FORM UCC1)(TRANS)(REV.12/18l95) Printed by UCC Control - LibraSoft, Inc.
229 Johnson St., Suile C, Santa Fe, NM 87501
ESCROW AGREEMENT
MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
• LESSOR, Government Capttal Cotporatton and LESSEE, City of Richland Hills
Dated as ofJanuary 11, 2000
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as ofJanuary 11, 2000, ("Agreement Date") by and among Government
Capital Corporation ("Lessor"), City of Richland Hills ("Lessee") and Norwest Bank Texas, NA, ("Agent").
WITNESSETH:
WHEREAS, Lessor and Lessee have entered into a certain Municipal Lease-Purchase Agreement dated as ofJanuary 11, 2000, (the "Lease")pursuant
to which the property more particularly described therein (the "Equipment") will be leased to the Lessee under the terms stated in the Lease;
WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent
for such funding and acquisition;
NOW THEREFORE, in consideration ofthe mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby
agree as follows:
1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease.
2. Lessor has delivered to Agent the sum of $246,340.52 ("Escrow Amount") for deposit by Agent in the City of Richland Hills Escrow Account (the "Fund").
The Fund will be administered by Agent pursuant to the terms of this Agreement.
3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items.
Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly
executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested.
Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent
upon receipt ofa properly executed Acceptance Certificate and a corresponding Payment Request Forrn in the form attached hereto as Exhibit "A", for that portion
of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form.
4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in
certificates of deposit of a bank which is either fully insured by an agency ofthe federal govemment or fully collateralized by such federal or federally guaranteed
obligations. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof.
5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and
the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. Ifnot terminated earlier, this Agreement and the Fund shall terminate
• on January 11, 2002, ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all
remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired
portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs.
6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent.
Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent.
7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed
date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days
after being appointed by Lessor and Lessee.
8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or
representations as to the Equipment or as to performance of [he obligations of Lessor or Lessee under this Agreement or the Lease.
9. This Agreement may be amended by written agreement executed by all the parties.
10. This Agreement may be executed in several counterparts, each of which shall be an original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
~essoa: Government Capital Corporation
Dr
Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President
rrtisee: City of Richland Hills
' -
DY
C. F. Kelley, Mayor
AGEUT: .
• BY:
Agent Rep, Agent Rep Title
PCJBLIC PROPERTY FINANCE ACT CONTRACT
10
ESCROW AGREEMENT
MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
• LESSORS Government Capital Corporation and LESSEES City of Richland Hills
Dated as of January 11, 2000
THIS ESCROW AGREEMENT ([he "Agreement") is made and entered into as of January 11, 2000, ("Agreement Date") by and among Govemment
Capital Corporation ("Lessor"), Ciry of Richland Hills ("Lessee") and Norwest Bank Texas, NA, ("Agent").
WITNESSETH:
WHEREAS, Lessor and Lessee have entered into a certain Municipal Lease-Purchase Agreement dated as ofJanuary 11, 2000, (the "Lease")pursuant
to which the property more particularly described therein (the "Equipment") will be leased to the Lessee under the terms stated in the Lease;
WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent
for such funding and acquisition;
NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby
agree as follows:
1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease.
2. Lessor has delivered to Agent the sum of $246,340.52 ("Escrow Amount") for deposit by Agent in the City of Richland Hills Escrow Account (the "Fund").
The Fund will be administered by Agent pursuant to the terms of this Agreement.
3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items.
Agent shall make disbursements from the Fund in payment for the acquisition ofeach item or group of items of the Equipment promptly upon receipt of a properly
executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested.
Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent
upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Fornt in the form attached hereto as Exhibit "A", for that portion
of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form.
4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in
certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed
obligations. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof.
5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and
the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. Ifnot terminated earlier, this Agreement and the Fund shall terminate
• on January 11, 2002, ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all
remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired
portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs.
6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent.
Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent.
7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed
date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days
after being appointed by Lessor and Lessee.
8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or
representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease.
9. This Agreement may be amended by written agreement executed by all the parties.
10. This Agreement may be executed in several counterparts, each of which shall be an original.
[N WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
i.rssoa: Government Capital Corporation
DY:
Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President
itisee City of Richland Hills
BY:
C. F. Kelley, ayor
AGEVr
• BY:
Agent Rep, Agent Rep Title
PUBLIC PROPERTY FINANCE ACT CONTRAC"C
10
ESCROW AGREEMENT
MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
• LESSOR, Government Capital Corporation ~,a Lessee, City of Richland Hills
Dated as of January 11, 2000
THIS ESCROW AGREEMENT (the "Agreement") is made and entered into as ofJanuary 11, 2000, ("Agreement Date") by and among Govemment
Capital Corporation ("Lessor"), City of Richland Hills ("Lessee") and Norwest Bank Texas, NA, ("Agent").
WITNESSETH:
WHEREAS, Lessor and Lessee have entered into a certain Municipal Lease-Purchase Agreement dated as ofJanuary 11, 2000, (the "Lease")pursuant
to which the property more particularly described therein (the "Equipment") will be leased to the Lessee under the terms stated in the Lease;
WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Agent agrees to serve as escrow agent
for such funding and acquisition;
NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby
agree as follows:
1. Agent shall undertake the duties and obligations of escrow agent as set forth in this Agreement. Agent shall not be deemed to be a party to the Lease.
2. Lessor has delivered to Agent the sum of $246,340.52 ("Escrow Amount") for deposit by Agent in the City of Richland Hills Escrow Account (the "Fund").
The Fund will be administered by Agent pursuant to the terms of this Agreement.
3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items.
Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly
executed Payment Request Form, in the form attached hereto as Exhibit "A", for that portion of the acquisition of the Equipment for which payment is requested.
Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Agent
upon receipt of a properly executed Acceptance Certificate and a corresponding Payment Request Form in the form attached hereto as Exhibit "A", forthat portion
of the Equipment for which payment is requested. Payment by Agent shall be to the payee shown on the Payment Request Form.
4. Agent will invest the Fund, as specified by Lessor, in general obligations of the United States or in obligations fully insured by the United States or in
certificates of deposit of a bank which is either fully insured by an agency of the federal government or fully collateralized by such federal or federally guaranteed
obligations. Agent will retain in the Fund all earnings from investment of the Fund until termination of the Fund pursuant to Section 5 hereof.
5. Upon execution of one or more Certificates of Acceptance by Lessee and payment of acquisition costs by Agent for all the Equipment, this Agreement and
the Funds shall terminate, and Agent shall transfer to Lessor all remaining sums in the Fund. If not terminated earlier, this Agreement and the Fund shall terminate
• on January 11, 2002, ("Termination Date"). In this latter event, interest accrued pursuant to investment of the Fund under the terms of Section 4 hereof and all
remaining principal in the Fund shall be transferred by Agent to Lessor; Exhibit "A" attached to the Lease shall thereupon be revised to delete any nonacquired
portions of the Equipment and to substitute an amended amortization payment schedule to reflect the reduced acquisition costs.
6. Lessor and Lessee may by written agreement between themselves remove the Agent, at any time and for any reason, and appoint a successor escrow agent.
Such removal shall not be effective until thirty (30) days after written notice thereof if provided to Agent.
7. Agent may at any time and for any reason resign as escrow agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed
date of resignation, which date shall be not less than thirty (30) days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30) days
after being appointed by Lessor and Lessee.
8. Agent shall have no obligation under the terms of this Agreement to make any disbursement except from the Fund. Agent makes no warranties or
representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Agreement or the Lease.
9. This Agreement may be amended by written agreement executed by all the parties.
10. This Agreement may be executed in several counterparts, each of which shall be an original.
[N WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
i.~~R: Govemment Capital Corporation
BY:
Stewart C. Shirey, Senior Vice President OR Timothy G. Temple, President
LESSEE: City of Richland ills
BY'
C. F. Kelley, Mayor
AGENT:
• BY:
Agent Rep, Agent Rep Title
PUBLIC PROPERTY FINANCE ACT CONTRACT
10
. ~i
- ~CRIBBS & McFARLAND
C, v A PROFESSIONAL CORPORATION
TTORNEYS AT LAW
JAMES . CRIBBS ~ 1000 WEST ABRAM D/FW METRO TEL: (817) 461-2000
• BOB McFARLANO P. 0. BOX 13060 TELECOPIER: (817) 275.7810
tPAUI f. WIENESKIE ARLINGTON, TEXAS 76094.0060
PAUL T. FRANCIS
i80AR0 CERTIFlED, CIVIL APPELLATE LAW - E~
TEXAS BOARD Of LEGAL SPECIALIZATION
~]r`?
January 31, 2000 ` ~F~
~ °1 m
~ ~oo0 0
Governme Capital Eorporation
ATTN: s. J. Fo a S' O F~~G
1200 W lnut-H' Lane, Suite 3400
Irving; • 75038 _
RE: Municipal Lease-Purchase Agreement dated as of January 11, 2000
Dear Lessor:
I have acted as Counsel to the City of Richland Hills with respect to that certain Municipal
Lease-Purchase Agreement dated as of January 11, 2000, by and between Government Capital
Corporation as Lessor and City of Richland Hills as Lessee. I have reviewed the Agreement and
such other documents, records and certificates of Lessee and appropriate public officials as I have
deemed relevant and am of the opinion that:
• 1. The Lessee is a political subdivision or agency of the State of Texas with the
requisite power and authority to incur obligations, the interest on which is exempt
from taxation by virtue of Section 103(a) of the Internal Revenue Code of 1986;
2. The execution, delivery and performance by the Lessee of the Agreement have been
duly authorized by all necessary action on the part of the Lessee;
3. The Agreement constitutes a legal, valid and binding obligation of the Lessee
enforceable in accordance with its terms, and
4. The above opinions may be relied upon by the Lessee, Lessor or its Assigns.
u,~s~ltu.ly,
~f ~ \
amen A. Cribbs
JAC/bh
cc: James W. Quin, City Manager
• G:\Docs\R\RHills\L-fire truck lease.wpd
' t
EXHIBIT A AND ATTACHMENT 1
MUNICIPAL LEASE-PURCHASE AGREEMENT (THE "AGREEMENT") BY AND BETWEEN
. LESSORS Government Capital Corporation and LESSEES City of Richland Hills
Dated as of January 11, 2000
PAYMENT REQUEST FORM
,acting as escrow agent (the "Agent") under the Escrow Agreement dated as of January 11, 2000,
Escrow Date) by and among the Agent, Government Capital Corporation as Lessor and City of Richland Hills as Lessee, is hereby requested to pay to the person
or corporation designated below as Payee the sum set forth below in payment of the acquisition and installation costs of the equipment described below. The
amount shown below is due and payable under the invoice of Payee with respect to the described equipment and has not forrned the basis any prior request for
payment.
PAYEE:
AMOUNT:
DESCRIPTION OF EQUIPMENT:
DATED:
Indicate Method for Payment Disbursement:
Overnight Check Regular Mail Check Wire Funds
• Mailing Address: Wire Instructions:
LESSEE City of Richland Hills
BY'
C. F. Kelley, Mayor
LPSSOR Government Capital Corporation
BY:
NAME:
TITLE:
ACCEPTANCE CERTIFICATE
City of Richland Hills as Lessee under that certain MUNICIPAL LEASE-PURCHASE AGREEMENT dated as of January 11, 2000, "Agreement Date") (the
"Lease"),hereby acknowledges receipt in good condition ofall the equipment described on the attached Exhibit "A," hereby accepts such equipment and hereby
certifies that Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment,
that such equipment is fully insured in accordance with Section 10 of the Lease and that such equipment constitutes all or a portion of the Equipment as that
term as defined in the Lease.
Date: LESSEE City of Richland Hills
BY'
C. F. Kelley, Mayor
PUBLIC PROPERTY FINANCE ACT CONTRACT
SIGNING INSTRUCTIONS
% If you have any questions, please call Judy Foote at 800-883-1199.
•
Enclosed find our Municipal Lease-Purchase Agreement for the financing of your current equipment needs. Please sign
the following documents as indicated by red "x" and have a witness sign (Attest) as indicated.
? FINANCIAL INFORMATION
Please send the most current two (2) years audited fmancial statements (complete, bound) and a budget
for the current fiscal year.
? MUNICIPAL LEASE-PURCHASE AGREEMENT
Review and verify information contained in this document. The Agreement requires signature by an
authorized individual with the signature witnessed/attested.
? EXHIBIT "B"
Review the Payment Schedule and sign as indicated.
? INCUMBENCY CERTIFICATE
To be signed by the authorized individual with the signature witnessed by the "Keeper of the Records",
i.e., Secretary of the Board, Clerk of the Board, City Secretary, or other Administrative Official.
? INSURANCE CERTIFICATE
Must provide current Insurance Information, i.e., Company name, Address, Policy Number, etc. If you
are Self-Insured, please indicate.
? ATTORNEY'S OPINION
Provided by your attorney on firm's letterhead using format provided. Urge your attorney to call us
with any questions, comments, or suggestions.
? RESOLUTION
Authorizes the actual transaction and the signing individual(s) authority. Sign as indicated.
? 8038 FORM
Either an 8038G or 8038GC required by the IRS. Sign and date the form. We will file on your behalf.
? UCC FORM
Requires signature as "Debtor". We will file on your behalf.
? ADVANCE PAYMENT
Include any Advance Payment or Fee as invoiced "Due At Signing" with the return documents.
? ESCROW AGREEMENT
Sign as indicated. An "Agent" will be determined upon our receipt of the documents. Keep the Payment
Requests and Acceptance Certificates until you want to disburse funds. When you are ready to disburse funds
submit these original forms signed, dated, and with an original vendor invoice to the below address.
Please return all original documents and any payments due to:
Ms. Judy Foote, Documentation Department
GOVERNMENT CAPITAL CORPORATION
1200 Walnut Hill Lane, Suite 3400, Irving, Texas 75038
•