HomeMy WebLinkAboutTEXTRON FINANCIAL GOLF CARTS AGREEMENT
TEXTRON FINANCIAL
Lending help beyond expectations.
MUNICIPAL AGREEMENT
This MUNICIPAL AGREEMENT dated as of 01/23/2007, (the "Agreement") between TEXTRON FINANCIAL CORPORATION, ("Lessor"),
and CIlY & COUNlY OF AUGUSTA, GA("Lessee").
1. Equipment.
Lessee will lease certain "Equipment" identified in each "Schedule" executed by Lessor and Lessee pursuant to this Agreement, all on the
terms and conditions set forth in the related Schedule. Each Schedule (including the terms and conditions of this Agreement incorporated
therein by reference), the related Exhibits and any Addendum describing this Agreement will constitute a separate and independent lease of
the Equipment. ' '
2. Rental.
Lessee, agrees to pay "Rental Payments," consisting of principal and interest, as described in a Schedule. Lessee represents and warrants
that its primary business official currently intends to do all things lawfully within its power to obtain and maintain funds'from which Rental
Payments and other amounts due under each Schedule may be paid. Except as expressly provided in this Agree~ent, Lessee's obligation to
pay Rental Payments will be absolute and unconditional in all events without abatement, deduction or set-off of any kind.
Lessee's obligation to pay Rental Payments and other amounts payable under each Schedule constitutes a cunent obligation payable
~/usively from legally availllble funds and will not be construed to be indebtedness under any applicable constitutional or statutory
limitation ,or requirement.
3. Term; Lessee's Acceptance.
The term of this Agreement begins as of the date hereOf and will continue so long as any amount remains unpaid under a Schedule. The
term of each Schedule begins as of, and interest will accrue from, the date of the applicable Schedule and will continue for the number of
months stated therein, unless an "Event of Nonappropriation" has occurred with respect to the Schedule, or Lessor has terminated the
Schedule pursuantto Paragraph 17. An "EVENT OF NONAPPROPRlATlON" means a non-renewal of the term of a Schedule by Lessee,
determined by the failure or refusal of the 'governing body of Lessee to appropriate monies sufficient to pay Rental Payments and other
amounts payable under the Schedule for Lessee's next succeeding fiscal period. Lessee will notify Lessor immediately of the occurrence of
an Event ofNonappropriation under any Schedule.
Lessee will select the type, quantity and vendor of each item of Equipment designated in a Schedule. Upon Lessor's request after Lessee's
receipt and installation of all Equipment identified in a Schedule, Lessee will deliver to 4ssor a Certificate of Acceptance. Regardless of
whether Lessee has furnished a Certificate of Acceptance with respect to the Equipment identified in a Schedule, by making a Rental
Payment after its receipt of the Equipment under a Schedule, Lessee will be deemed to have accepted the Equipment on the date that the
Rental Payment is made for purposes of the Schedule.
4. End of Lease.
If the Lessee is granted the option under each Schedule to purchase Lessor's interest in all, but not less than all, of the Equipment on any
Rental Payment date for which a Purchase Option Amount is identified on the Schedule, then not later than 30 days prior to the proposed
,purchase date, Lessee will provide Lessor a written notice exercising the option and designating the applicable Schedule and the applicable
Rental Payment date and Purchase Option Amount. Otherwise Lessee's final payment will be identified on the applicable schedule.
5. Late Payments.
Whenever any Rental Payment or other amount payable to Lessor by Lessee under a Schedule is not paid wi1:hin ten (10) days after the due
date, Lessee agrees to pay Lessor a late charge of $25.00 or 10% on the delinquent amount, or the maximum amount pennitted under
applicable law, whichever is less.
6. Disclaimer of Warren ties.
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANlY, REPRESENTATION OR COVENANT REGARDING THE
EQUIPMENT, EXPRESS OR IMPLIED, AS TO MERCHANTABilITY OR FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN OR
CONDmON, QUALI1Y OR CAPACI1Y, WORKMANSHIP, COMPLIANCE WITH ANY LAW, :RULE, SPECIFICATION OR
CONTRACT PERTAINING THERETO, PATENT INFRINGEMENT OR LATENT DEFECTS OR ANY OTHER MATTER. NOTHING
HEREIN Wll..L MODIFY LESSEE'S RIGHTS AGAINST THE VENDOR OF ANY EQUIPMENT. Lessor will have no obligation to
install, test, adjust, service or maintain any Equipment. Lessee will look solely to the manufacturer, seller and/or supplier for any and all
claims related to the Equipment. LESSEE ACCEPTS THE EQUIPMENT "WHERE-IS, AS IS" AND "WITH: ALL FAULTS."
OOI~191986-01'()()6-00007
7590 Municipal Agreement (MUNI LEASE) - (Revision Date: 02/05)
Page I of4
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7. Location of Equipment.
The Equipment will be delivered to and located at the premises identified in each Schedule and will not be removed or relocated without
the prior written consent of Lessor. Lessee will pay all charges and other expenses incurred in connection with the shipment and delivery 01
the Equipment to the location. Lessor has the right to inspect and examine the Equipment during normal business hours.
8. Title and Security Interest.
During the term of each Schedule, title to the Equipment will be vested in Lessee, subject to the rights of Lessor under the Schedule: ,If.
Lessor terminates a Schedule pursuant to Paragraph 17. of this Agreement or an Event of Nonappropriation occurs with respect to. the
Schedule, title to the Equipment identified in the Schedule will immediately vest in Lessor free and clear of any right, title or interest of
Lessee. Lessee, at its expense, will protect and defend Lessee's title to the Equipment and Lessor's rights and interests therein and will keep
the Equipment free and clear from any and all claims, liens, encumbrances and legal processes of Lessee's creditors and other persons. To
secure the performance of all of Lessee's obligations under each Schedule, Lessee grants to Lessor a security interest in the Equipment, and
on all attachments, repairs, replacements and modifications thereto and on any proceeds therefrom.
9. Lessee Representations and Warranties.
Lessee represents and warrants that: (a) Lessee is a state or apolitical subdivision within the meaning of Section 103(c) of the Internal
Revenue Code of 1986, as amended (the "Code"); (b) Lessee has the power and authority under applicable law to enter into the transactions
contemplated by this Agreement and each Schedule and has been duly authorized to execute and deliver this Agreement and each Schedule '
and to carry out its obligations under each Schedule; (c) all requirements have been met and procedures have ocCurred in order to ensure
the enforceability of this Agreement and each Schedule, and Lessee has complied with the public bidding requirements, if any, as may be
applicable to the transactions contemplated by this Agreement and each Schedule; (d) the use and operation of the Equipment is essential to
Lessee's proper, efficient and economic governmental operation; (e) upon Lessor's request, Lessee will deliver to Lessor Lessee's audited
financial statements; (f) Lessor is acting only as a financing source with respect to the Equipment; and (g)Lessee intends that each
Schedule not constitute a "true" lease for federal income tax purposes. .
10. Maintenance and Use.
During the term of each Schedule,. Lessee. will, at its expense, make any and all repairs and replacements required to maintain the
Equipment in good condition, reasonable wear and tear excepted, and will use and maintain the Equipment in a careful manner. in
conformity with all applicable laws, ordinances, regulations, requirements and rules and in conformity with any insurance policy. Lessee's
obligation to maintain the Equipment does not confer the authority to incur mechanic's or supplier's liens with respect thereto. Lessee will
look solely and directly to the applicable vendor (and not the Lessor) for all matters relating to maintenance services for any item of
Equipment. In no event will the vendor be deemed to be an agent of Lessor for purposes of the related Schedule.
11. Loss or Damage.
All risk ofloss, damage, theft or destruction to each item of Equipment will be borne by Lessee. No loss, damage, theft or destruction of the
Equipment will impair the Lessee's obligations under any Schedule, all of which will continue in full force and effect. .
12. Insurance.
In the event that Lessee is not self-insured as provided below, Lessee, at its expense, will during the tenn of each Schedule keep the
Equipment insured against theft, fire, collision and the other risks as may be customary for each. item. of Equipment and maintain
comprehensive public liability and property damage insurance. All the insurance will be in form, issued by the insurance companies and be
in the amounts as will be satisfactory to Lessor, and will provide that losses, if any, will be payable to Lessor as "loss payee," and all the
liability insurance will include Lessor as an "additional insured." If Lessee is self-insured, Lessee will maintain during the term of each
Schedule an actuarially sound self-insurance program and will provide evidence thereof in form and subsulnce satisfactory to Lessor. .
13. Indemnity.
To the extent authorized by law and subject to funds legally available for the purpose, Lessee assumes liability for and agrees to indemnify,
Lessor and its agents, employees, officers, or directors, against any and all liabilities, obligations, losses, damages, injuries, claims,
demands, penalties, actions, costs and expenses (including reasonable attorney's fees), of whatsoever kind and nature, arising out of the use,
condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor), operation,
ownership, selection, delivery, storage, leasing or return of any item of Equipment, regardless of where, how and by whom operated, or any
failure on the part of Lessee to accept the Equipment or otherwise to perform or comply with any conditions of any Schedule. Lessee . is an
independent contractor and nothing contained in any Schedule will authorize Lessee or any other person to operate any item of Equipment
so as to incur or impose any liability or obligation for or on behalf of Lessor.
14. Taxes.
Unless Lessee has provided Lessor with evidence necessary to sustain an exemption therefrom, Lessee will timely pay all assessments,
license fees, taxes (including sales, use, excise, personal property, ad valorem, stamp, documentary and other taxes) and all other
governmental charges, fees, fines or penalties whatsoever, now. or hereafter imposed by any governmental body or. agency on or relating to
the Equipment, or the use, registration, rental, shipment, transportation, delivery, ownership or operation of the Equipment and on or
relating to each Schedule.
001.{)191986.{)!.{)06-00007
7590 Municipal Agreement (MUNl LEASE) - (Revision Date: 02/05)
Page 2 of 4
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15. Assignment.
Lessee will not sell, assign,. or sublease, any Equipment or enter into any contract or. agreement with respect to the use and operation of any
oftbeEquipment by any person other than Lessee, without Lessor's prior written consent. Lessor may assign, transfer or otherwise convey
all or any part of its interest in any Schedule, including Lessor's right to receive the Rental Payments under any Schedule all without
Lessee's consent. The assignment, transfer or. conveyance will not be effective until Lessee has been given a written notice of assignment
that discloses the name and address of each the assignee, which notice Lessee agrees to acknowledge at. the time of such assignment
Following receipt of the notice from Lessor, Lessee will keep a complete and accurate record of all assignments of each Schedule in
compliance with Section 149 of the Code.
16. Default.
Each of the following constitutes an "Event of Default" under a Schedule: (a) Lessee fails to pay in full any Rental Payment within ten (10)
days of its due date; (b) Lessee fails to comply with any other agreement or covenant of Lessee under any Schedule (c) Lessee institutes any
proceedings under any bankruptcy, insolvency, reorganization or similar law or a receiver or. similar officer is appointed for Lessee or any of
its property; (d) any warranty, representation or statement made in writing by or on behalf of Lessee in connection with any Schedule is
found to be incorrect or misleading in any material respect on the date made; or ( e) actual or attempted sale, lease or encumbrance of any of
the Equipment or the making of any levy, seizure or attachment thereof or thereon.
]7. Remedies.
Immediately upon the occurrence of an Event of Default under a Schedule or immediately after the last day of the fiscal period during which
an Event ofNonappropriation occurs, Lessor may terminate the affected Schedule or Lessee's rights thereunder and in such event repossess
the Equipment under the Schedule, which Lessee hereby agrees, at its expense, to surrender promptly to Lessor at the location as Lessor
will direct. If Lessor is entitled to repossess the Equipment under a Schedule, Lessee will permit Lessor or its agents to enter the premises
where the Equipment is located. In'the event of any the repossession, Lessee will execute and deliver all documents required to transfer
title to and possession of the Equipment under the affected Schedule to Lessor, free and clear of all liens and security interests. Upon
repossession, ifany Equipment is damaged or otherwise made less suitable for the purposes for which it was manufactured than when
delivered to Lessee (reasonable wear and tear excepted), Lessee agrees, at its option, to: (a) repair and restore the Equipment to the same
condition in which itwas received by Lessee (reasonable wear and tear excepted) and, at its expense, promptly return the Equipment to
Lessor toa location specified by Lessor or (b) pay to Lessor the actual costs of the repair, restoration and return. In the event that Lessor
sells or otherwise liquidates the Equipment as provided in a Schedule and realizes net proceeds (after payment of costs) in excess of total
Rental Payments that would have been paid during the scheduled term of the affected Schedule plus any other amounts then due under the
Schedule, Lessor will pay the excess amounts to Lessee. .
If Lessor terminates a Schedule as described in this Paragraph 17 or an Event of Nonappropriation occurs under a Schedule and Lessee
continues to use the Equipment or if Lessee otherwise refuses to pay Rental Payments due during a fiscal period for which. Lessee's
governing body has appropriated sufficient legally available funds to pay the Rental Payments, Lessor will be entitled to bring the action at
law or in equity to recover damages attributable to the holdover period for the Equipment that Lessee continues to use or to the remainder
of the fiscal period for which the appropriations have been made. Lessorwilralso be entitled to exercise anyor all remedies available to a
secured party under the applicable Uniform Commercial Code and all other rights and reme~ies that Lessor may have at law or in equity.
No right or remedy conferred upon or reserved to Lessor as provided in each Schedule is exclusive of any right or remedy in any Schedule
or at law or in equity or otherwise provided or permitted. No waiver of or delay or omission in the exercise of any right or remedy as
provided in each Schedule or otherwise available to Lessor will irnpair, affect or be construed as a waiver of its rights thereafter to exercise
the same.
18. Tax Covenants; Tax Indemnity.
Lessee agrees that it will comply with all provisions and regulations applicable to excluding the interest component of Rental Payments
. under each Schedule from gross income for federal income tax purposes. If the interest component of Rental Payments under any Schedule
becomes includible in gross income of the Lessors thereof for federal income tax purposes, Lessee agrees to pay (from legally available
.. funds) promptly after any the determination of taxability and on each Rental Payment date thereafter to Lessor an additional amount
determined by Lessor to cornpensate the Lessors for the loss of the excludability (including, without limitation, compensation relating to
interest expense, penalties or additions to tax), which determination will be conclusive (absent manifest error).
]9. Lessor Advances.
If Lessee will fail to perform any of its obligations under a Schedule, Lessor may, at its option, perform any act or make any payment that
Lessor deems necessary for the maintenance and preservation of the Equipment and Lessor's interest therein. All expenses (including
attorneys' fees) incurred by Lessor in performing the acts and all the payments made by Lessor together with late charges as provided in
each Schedule will be payable by Lessee to Lessor on demand. The performance of any act or payment by Lessor as aforesaid will not be
deemed a waiver or release of any obligation or default on the part of Lessee.
20. Notices.
All notices or other comrnunications under any Schedule will be deemed to have been given or made when delivered (including by
facsimile transmission) or three days after being mailed by certified mail, postage prepaid, addressed to Lessor or Lessee at the addresses
listed below or the other addresses as either of the parties hereto may designate in writing. .
001-0191986-01-006-00007
7590 Municipal Agreement (MUNI LEASE) - (Revision Date: 02105)
Page 3 of 4
21. Miscellaneous.
This Agreement and each Schedule will be governed by and construed in accordance with the laws of the State under whose laws Lessee
exists or is organized. If any provision of this Agreement or any Schedule is or becomes invalid, illegal or unenforceable, the invalidity,
illegality or unenforceability will not affect the other provisions of this Agreement or any the Schedule, which will be valid and enforceable
to the fullest extent permitted by law. The titles of the Paragraphs are for convenience only and will not define or limit any of the terms or
provisions hereof. The provisions of this Agreement and each Schedule will be binding upon, and will inure to the benefit of, the respective
assignees and successors of Lessor and Lessee. The indemnities and obligations of Lessee provided for in each Schedule will continue in ,
full force and effect notwithstanding the expiration or termination of the term of this Agreement or any applicable Schedule. This
Agreement, each Addendum, each Schedule and the Exhibits attached thereto constitute the entire agreement between Lessor and Lessee
with respect to the Equipment therein described and no term or provision hereof or thereof may be waived or amended except by written
agreement signed by Lessor and Lessee.
/f~~'
Brent Willing 0, '
Documentation Manager
Lessor and Lessee have each caused this Municipal' Agreernent to be 9uly executed and delivered as ofthe date first
above written.
LESSEE:
Narne: o:rY a.. COUNtl OF AUGUSTA, GA
[Address] 530 GREEN~ET
/ r~ 0..
17<r'
By:
Name:
AUG(jA.GA 30911 . .
C~.~
r;AJS-V~. GD ie" H",o/'U-
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OO!.{) I 91986'{) !.{)06.{)0007
7590 Municipal Agreement (MUNI LEASE). (Revision Date: 02/05)
LESSOR: '
Textron Financial Corporation
[Address] 1451 Marvin Griffin Road
Augusta GA 30906
By:
Name:
Title:
Page 4 of4
TEXTRON FINANCIAL
I
Lending help beyond expectations.
STATE OF GEORGIA ADDENDUM
DATED: 3/01107
TO MUNICIPAL AGREEMENT .
. ..
DATED 01123/2007, (THE"AGREEMENT")
The parties to agree as follows:
1. Definitions.
All terms used will have the same meaning as is used in the agreement.
. 2. Amendment to Paragraph 3 of the Municipal Agreement
Thefrrst paragraph of Paragraph 3 of the Agreement is hereby deleted and replaced with the
following:
, ,
The term of this Addendum begins as of the date above and will continue so 19n9 as any
Schedule is in effect as provided in this Paragraph 3. The term of each Schedule begins as
of the date identified in the Schedule and, in accordance with applicable provisions of
Georgia law, and expires absolutely and without further obligation on the part of Lessee at.
midnight on the last day of the calendar year in which the.Schedule was executed, subject
to Lessee's option to extend the term of the Schedule for up to. the number of consecutive
one-year renewal terms (each of the terms, a "RENEWAL TERM," and collectively,
"RENEWAL TERMS") to pay the Rental Payments identified in the Schedule. . Each
Renewal Term under each Schedule will also terminate absolutely and without further
obligation on the part of Lessee at midnight on the last day of each succeeding calendar
year that is a Renewal Term, unless the Schedule has been renewed as set forth herein.
Lessee's annual option to extend the term of any Schedule will be exercised by the
adoption by the governing body of Lessee of a. fmal budget in accordance. with applicable
law which appropriates, specifically with respect to the Schedule, moneys sufficient (after
taking into account any moneys legally available for such purpose) to pay the Rental
Payments and all additional amounts for which Lessee is or may become responsible under
the Schedule for the next succeeding Renewal Term as provided in the Schedule. The
adoption of the final budget, after the holding of a public hearing, if necessary, and
. compliance with the procedures required by applicable law, will extend the term of each
Schedule with respect to which the action is taken for the succeeding Renewal Term
without any further action required by any officers or officials of Lessee. Within ten (10)
days after the adoption of a fmal budget, Lessee will deliver written notice to Lessor
stating that Lessee has extended the term of each related Schedule. The terms and
conditions of. any Renewal Term of a Schedule will be the same as the terms and
conditions during the Initial Term of the Schedule, except that the Rental Payments will be
as provided in the Schedule relating to the Schedule.
3. Deletion of Provisions Relating to Lessee's Agreement to Seek Appropriati~ns.
To the extent that the Agreement includes provisions pursuant to which Lessee agrees that its
primary business official will do all things lawfully within such official's power (a) to include
amounts to pay Rental Payments and other amounts under each Schedule in each annual
budget (as appropriate) to be submitted to Lessee's governing body and (b) to use best efforts
to obtain and maintain funds from which the Rental Payments and other amounts under each
Schedule may be paid, the provisions are deleted and are of no force or effec 1 with respect to
the Agreement and any Schedule.
Page 1 of2
001-019] 986-0] -006-00007ò7596GA Georgia Addendum (Revision date: 02105)
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I
4. Amendment to Paragraph 8 of the Municipal Agreement.
Paragraph 8 of the Municipal Agreement is hereby deleted and replaced with the following.
TITLE TO EQUIPMENT. During the term of each Schedule, title to the Equipment
identified therein will be vested in Lessor, subject to the rights of Lessee under the'
Schedule. Upon the ftrst to occur of (i) the day after the last scheduled Rental Payment
under the Lease is paid in full or (ii)the day after the Purchase Option Amount under the
Lease is paid in full, Lessor will transfer all of its right, title and interest in and to the
Equipment to Lessee without representation or warranty (except with respect to Lessor or
anyone claiming by, through or under Lessor) "where is, as is" and "with all, faults."
Lessee, at its expense, will protect and defend Lessor's title to the Equipment identified in
each Schedule and will keep the Equipment, under each Schedule free and clear from any
and all claims, liens, encumbrances and legal processes of Lessee's creditors and other
persons.
Upon the fIrst to occur of (i) the expiration of the initiaJ.term or any Renewal Term under
a Schedule during which an Event of Non appropriation occurs or (ii) an Event of Default
under the Lease and a termination of Lessee's rights Lessor will be entitled to repossess the
Equipment identified in a Schedule and otherwise to exercise its remedies as provided
therein.
5. Certificate of Compliance with, Georgia Law.
Lessee agrees to complete, execute and deliver to Lessor with respect to each Schedule a
Certiftcate of Compliance with Georgia law (in substantially the form attached to this
Addendum as ATTACHMENT 2), which will be attached as Attachment 2 to a Schedule.
By:
Name: .. 'J}'{-(>J) S. v If:.. ~rlJ6 f-
6, ~" Y,?"~>,/"~,,~,',~~-,,,1~4~,~,,;;;:,'i;,~~, ",' .d/~. . ,
/:;; /,:>"'.~-'~":<.('b .() III _'./1/
, .' .!t-tk.. J/!..IIL--~
.~:'" ' "f1,.:.~:-'\t!.i?. ~ '. - ~. "'.~ 't-
< (:~, ~~ ,"~ :~':~?':~':~,;'U\(;~ i i a.
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TEXTRON FINANCIAL CORPORATION
'By: p'~
Name: Brent Willing' -:- ,0 - ,
Title: Documentation Manager
Page 2 of2
00 1-0 191986-0 1-006-00007
7596GA Georgia Addendum (Revision date: 02105)
. ." ",
TEXTRON FINANCIAL
Lending help beyond expectations.
STATE OF GEORGIA
ATTACHMENT 2
To Schedule No.Ol- 00007, Dated ~O"/{)7
TO MUNICIPAL AGREEMENT, DATED 01/23/2007
CERTIFICATE OF COMPLIANCE WITH GEORGIA LAW
THE UNDERSIGNED CERTIFIES AND REPRESENTS FOR AND ON BEHALF OF
LESSEE (please check the appropriate box) THAT:
~IF LESSEE IS COUNTY OR MUNICIPALITY UNDER THE LAWS OF THE
. . STATE OF GEORGIA, (a) the sum of (i) the aggt;egate principal component of
Rental Payments under the Lease plus (ii) the amount of ,debt incurre~'. by Lessee
pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia (which
was outstanding in the aggregate principal amount of $ 95,590.00 on
) does not exceed 10% of the assessed value of all taxable
property within Lessee; and (b) the. Equipment fmanced pursuant to tbe Schedule has
not been the subject of a referendum which failed to receive the approval of the
Lessee's voters within the four calendar years immediately preceding the date of.
execution of the Schedule to which this Certificate is attached; or
o
IF LESSEE IS A COUNTY, INDEPENDENT OR AREA SCHOOL SYSTEM
UNDER THE LAWS OF THE STATEOF GEORGIA, (a) the total combined annual.
payments for Lessee's contracts under Georgia Code ~20-2-506 and contracts of the .
school system under Article IX, Section III, Paragraph I ofthe ConstitLltion of Georgia
in any calendar year, excluding guaranteed energy savings, contracts, does not exceed
an amount equal to 7.5 percent of the total local revenue collected for maintenance
and operation of the school system in the most recently completed.fiscal year; and (b)
the Bchedule to which this Certificate relates is not being entered wto within four.
calendar years after an election on the proposed issuance of bonded debt for goods,
materials, real or personal property, services or supplies which are 'the same as or
substantially similar to the Equipment fmanced pursuant to the Schedule and which
proposal was defeated by the Lessee's electors. .
DATED this
I':)
day of
khn U Or7y
, ~C07.
<'IR & COID\lTY OF AUGUSTA, GA
"
AUTHORIZED SIGNATURE:
PRINTED NAME:
TITLE:
/')m/YI,.:, vfu )-<.t'tZt.{7rH/9
(~7'Y1tW'lr",,?i r'" A ); j /U(..{"Y! r .
In ff'v 1m. h'1/":='. /1r(l (/), r~c roK
00] ~191986-0].oo6.oo007
7596GA2 Georgia Attachment (Revision date: OlIOS)
. ,.. I I
TEXTRON FINANCIAL
Lending help beyond expeaations.
SCHEDULE NO: 01-00007, DATED "$/O~/()7 TO THE
MUNICIPAL AGREEMENT, DATED 01/23/2007
1. DESCRIPTION OF THE EQUIPMENT:
SUPPLIER QUANTITY
E-Z-GO AUGUST A BRANCH 1
DESCRIPTION OF UNITS OF
EQUIPMENT
Refinance of Schedule 191986-01-00006
SERIAL NUMBERS.
(IF APPLICABLE)
. I together with all accessories, attachments, substitutions and accessions.
2. EQUIPMENT LOCATION:
AUGUSTA MUNICIPAL GC AUGUSTA GA 30906
3.
. The Rental Payments will be made for the Equipment as follows:
PRINCIPAL INTEREST TOTAL RENTAL
DATE DUE COMPONENT COMPONENT PAYMENT DUE
SEE ATTACHMENT 1
PURCHASE OPTION
AMOUNT*
4.
The terms and provisions of the Municipal Agreement described above (other than to the extent that they
relate solely to other Schedules or Equipment listed on other Schedules), are hereby incorporated into this
Schedule by reference and made a part hereof.
TEXTRON FINANCIAL CORPORATION
By: 4J~
Name: Brent Willi:3 . _
Title: . Documentation Manager
:j.
By:
Name: -:J,::l1.Jj:.p 11& l1-b'tv'C~
Thl~ ~%pbMJA~
~--s-r ~.. di::' UiI"-\l>\ 1 ~I.."
* Assumes all Rental Payments and additional payments due on and prior to that date have been paid.
001-0191986-01-006-00007
7591. Schedule to Municipal Agreement (Revision Date: 02105)
. \ '
:>repared by: International Declsiqn Systems. Inc. InfoAnalysls 1123120071:39:38 PM
Payment Amortization Report File Name: rate.lad
_essee: 'at). & e......lt of.Augusta. GA - Attac;hment 1
nterest Rate: 8.5400"10 (Monthly)
Principal Accrued Accrued
Per Date Payment Principal Interest Balance Interest Int Bel Net Balance
0 2/07 0.00 0.00 0.00 95.640.00 0.00 0.00 95.640.00
1 3107 3.135.00 2.613.76 521.24 93.026.24 521 ;24 0.00 93.026.24
.. .
2 4107 3.135.00 2.628.01 506.99 90.398.23 506.99 0.00 90.398.23
3 5107 3.135.00 2,642.33 492.67 87.755.90 492.67 ,,0.00 87.755.90
4 6107 3.135.00 2.656.73 478.27 85.099.17 478.27 0.00 85.099.17
5., 7/07 3.135.00 2.671.21 463.79 82,427.96 463.79 0.00 82.427.96
6 8/07 3.135.00 2.685.77 449.23 79.742.19 449.23 0.00 79.742.19
7 9/07 3.135.00 2.700.41 434.59 77.041.79 434.59 0.00 I 77.041.79
8 10/07 3.135.00 2.715.12 419.88 74.326.66 419.88 0.00 74.3~6.66
9 11/07 3.135.00 2.729.92 405.08 71.596.74 405.08 0.00 71.596.74
10 12107 3.135.00 2.744.80 390.20 68.851.95 390.20 0.00 68.851.96
2007 31.350.00 26.788.05 4.561.95 4.581.95
11 1/08 3.135.00 2.759.76 375.24 66.092.19 375.24 0.00 66.092.19
12 2108 3.135.00 2.774.80 360.20 63.317.39 360.20 0.00 63.317.39
13 3108 63.662.47 63.317.39 345.08 0.00 345.08 0.00 0.00
2008 69.932.47 68.851.95 1 ;080.52 1.080.52
Totals: 101.282.47 95.640.00 5.642.47 5.842.47
J<~
Version 7.4b
Page 1
MAR. 7.2007 4:33PM 5 P H & B
1'10.606 P.2/2
. I
TEXTRON FINA.NCIAL
LeruJiftg help bqond =peaations.
INCtJM:BENCY CERTIFICATE
I certiJY that I om the ~Iccted Wbrted and ao&g ~oo"""'. Clerk of CffY. Il CO:rnlT'!
~AUGUSTA. OA, a ~ organized under the laws of the State of GEORGIA, that
t have custody of the re refs of such entity and that, at! of the date hereof: the individuals nmncd
below are the duly elected or appointed officers of the entity holding the .offices setmrth 9PPositc
their respective names. I further certify that (i) the sigDatures set. oppoaite their respective nanlell
and titles are their 1rue and authentic signatures. and (.il') the officers have the authority OD behalf
of the entity to enter into Municipal Agreement. dated 01/2312007 and all Scheclulea tpereto
between l""ITY Rr f'lQmff": SF AUGUSTA, GAand Textron Financial Corporation.
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NAME rr: .
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IN WITNESS. 'WHERE. OF, '1 have duly executed this ~rtifioate 5r the seat of CITY &.
~i/; OF. AUO~SXPrJ fA . hereto this , . day of
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001.0] 919S6.Q 1-006-00007
7S92-ITlCUlll~t;m:y Cer.illCl\~ (RSVlAlon Dare: 01105)
02/28/2007 13:08
7055505021
I~XI~UN r!NAN~!AL ~U
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Lending.help beyond expectations.
INCUMBENCY CERTIFICATE
I certifY that I am the duty elected or appointed and acting SeeretarylClerk arMY-.8l. COl..ij\lTY
--ef1">AUGUSTA, GA, a ~ 5Qf;" kIoJ organized under the laws of the State ofGEOROtA, that
I have custody of the re rds of such entity and that, as of the date hereof, the .individualsnamed
below are the duly elected or appointed officers of the entity holding the offices set forth opposite
their respective names. I further certifY that (i) the signatures set opposite their respective names
and titles are their true and authentic signatures, and (ii) the officers have the authority on behalf
of the entity to enter into Municipal Agreement, dated 01/23/2007 and all Schedules thereto
between CITY & COUNTY ef AUGUSTA, GA and Textron Financial Corporation.
. NAME
ill" ~A O. COfet'\havcr
TITLE
Jlb.YDr
(J-NATURE
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rN WITNESS WHEREOF, I have duly executed this certificate and affi~d the seal of...aTY .!it
OOt1tITV eP- AUGUSTA, GA hereto this day of
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7592-1ncumbcncy Certificate (Revision Da.te: OtlOS)