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HomeMy WebLinkAboutMoxy Truck at the landfill Augusta Richmond GA DOCUMENTNAME:\Y)OXY-txUc.-~ ~ me.. \a"d~\\ DOCUMENT TYPE: Le..o.~ YEAR: C1, BOX NUMBER: Od FILE NUMBER: \ 6)~l.ol\ NUMBER OF PAGES: _\ ~ , ! Auu~~t~= IR<.f1~Ihuam<<Drmcdl (C<<Duurmtty (C<<DmmmmTI ~~f1<<Drm=(C<<Duurm~f1n ROOM 801. CITY.COUNTY MUNICIPAL BLDG. (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821.2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE. JR. 1JI.t.1. "WILLIE" H. MAYS, III J.B. POW8..L MOSES TODD ROBERTZETTERBERG LINDA W. BEAZLEY Administrator. Administration LARRY E. SCONYERS Mayor FREDDIE L. HANDY Mayor Pro Tem January 10, 1997 Hand Delivered CHARLES DILLARD Administrator - OperatIOns Ms. Geri Sams Purchasing 6th Floor, City-County Bldg. Augusta, GA 30911 JAMES B. WALL Attorney Reply to: PO.BOX 2125 Augusta, GA 30903 RE: Equipment Lease for the Moxy Truck at the Landfill Dear Geri: Enclosed please find the original executed documents in connection with the Equipment Lease for the Moxy Truck at the Landfill. Please note that there is one December payment to be made, and I would appreciate your coordinating with David Smith to be sure that this is included on the necessary vendor run for 1996. By carbon copy of this letter, I am forwarding copies of the executed documents to David Smith, David Collins, Donna Williams, and a copy to Lena Bonner to be included in the permanent records (approved January 7, 1996, agenda item #15). From my conversation with Mr. McMann, I understand that you will be forwarding these documents to CIT. Thanking you and with best personal regards, I am :2/:~~a:~U1Y' JBWjsjp Enclosures cc: Mr. David Smith Mr. David Collins Ms. Donna Williams Ms. Lena Bonner . . Amlp~t~ '" ~ll~lhunm(Q>lmcdl CC<<DmlTCillCy CC<<Dfl'imr[JffiTI ~~ll<<DTCil",CC<<D mlJID~lln ROOM 801 . CITY-COUNTY MUNICIPAL BLDG. (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722.5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE. JR. 'MI.. "WILLIE" H. MAYS. III J.B POWELL MOSES TODD ROBERT ZETTERBERG LINDA W. BEAZLEY Administrator. Administration LARRY E. SCONYERS Mayor FREDDIE L. HANDY Mayor Pro Tem January 9, 1997 CHARLES DILLARD Administrator.Ooef300ns The CIT Group/Equipment Financing, Inc. 1620 W. Fountainhead Parkway, Suite 600 Tempe, AZ 85282 JAMES B. WALL Attorney RE: Equipment Lease One MT30X Moxy Truck, SiN 353593 Reply to: P.O.BOX 2125 Augusta, GA 30903 Gentlemen: This is to confirm that Richmond County, Georgia and the Augusta-Richmond County Commission (Lessee) is under a Risk Management Program for public liability risk with respect to the equipment leased under the above captioned lease between The CIT Group/Equipment Financing, Inc. (Lessor) and Lessee. Lessee hereby certifies that (i) the risk management program shall be primary without right of contribution from any insurance carried by Lessor and (ii) the risk management program shall guarantee payment' to Lessor for any and all claims, and any and all costs and expenses .incurred by Lessor in connection therewith, including but not limited to reasonable attorneys' fees, losses, damage, or liability asserted against Lessor with respect to the equipment. JBW/sjp . LEASE INSURANCE REQUIREMENTS LESSEE NAME: County of Richmond, Georoia (above name must appear on certificate) Description EQUIPMENT: One (1) MT30X Moxv Truck, SIN 353593 INSURANCE AGENCY: CONTACT NAME: Phone Fax REQUIREMENTS: . Policy number, inception and expiration dates. . All Risk Coverage in an amount not less than $ . Loss Payable Endorsement in favor of The CIT Group/Equipment Financing, Inc. 1620 W. Fountainhead Parkway Suite #600 Tempe, AZ. 85282 Phone:(602) 784-2300 . Commercial General Liability insurance including Broad Fonn Property Damage Contractual Liability Coverage with The CIT Group/Equipment Financing, Inc. as ADDIT!ONAI INSURED: ---- - . Minimum limits of liability $1,000,000.00 combined single limit. . Thirty (30) days prior written notice of cancellation. Evidence of insurance is required prior to funding, not adhering to all of the above will delay the processing '-'! this transaction. PLEASE FAX A COPY OF THE CERTIFICATE TO Caroline Searcy AT 602-858-1496 J and mail the hard copy to The CIT Group at the above address. L~ssee c~mo~~ Signature ~ ~tle ;t/~H SA-SALE INS (9/95) Lease Insurance Requirements Equipment Lease This form is subject to Federal and State legal requirements. 1. Equipment Leased. Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following-described personal property (hereinafter, with all attachments, replacement parts, substitutions, additions, repairs and accessories incorporated therein and/or affixed thereto, and proceeds, referred to as "Equipment"): Describe Equipment fully, including make, kind of unit, model and serial numbers, and any other pertinent information. One (1) MT30X Moxy Truck, SiN 353593 and all tires, wheels, attachments, replacements, substitutions, accessions, additions and all proceeds thereof. and Lessor agrees within days from the date hereof to cause said Equipment to be delivered to Lessee, f.o.b. 2. Tenn. This Lease is for a term of ~ months, on , and ending on 3. Rentals. For said term or any portion thereof, Lessee shall pay to Lessor rentals aggregating $213 ,037.44 , of which $ 0.00 is herewith paid in advance and the balance of the rental, $213,037.44 , is payable in 48 equal, successive, monthly rental payments of $4 , 438 .28 each, of which the first is due and the others on a like date of each month thereafter, until fully paid. 4. Purchase Option. At the expiration of the original term hereof, if Lessee has paid in full all rentals owing under this Lease, and be not then in default hereunder, Lessee shall have the option to purchase all but not less than all the items of Equipment hereunder upon giving written notice to Lessor not less than 30 days prior to the expiration of the original term hereof. The purchase price shall be $75,020.00 5. Use, Nature and Location of Equipment. Lessee warrants and agrees that the Equipment is to be used primarily for: [8J business or commercial purposes (other than agricultural), o agricultural purposes (see definition on the final page), or o both agricultural and business or commercial purposes. Lessee and Lessor agree that regardless of the manner of affixation, the Equipment shall remain personal property and not become part of the real estate. Lessee agrees to keep the Equipment at 530 Greene St, Room 605 Address Auqusta City County GA 30911 State Zip Code 55-SA-395 (9/95) Equipment Lease - Except Texas Page 1 of 6 '. 5. Use, r:Jature and Location of Equipment (Continued) but upon prior written notice to Lessor may change the location of the Equipment within such State. Lessee will not remove the Equipment from such State without the prior written consent of Lessor (except that in the State of Pennsylvania, the Equipment will not be removed from the above location without such prior written consent). 6. Repairs. Lessor shall not be obligated to install, erect, test, adjust, service or make any repairs or replacements; Lessee shall not incur for Lessor's account or liability any expense therefor without Lessor's prior written consent. Lessee shall inspect the Equipment within 48 hours after its receipt; unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the Equipment in its then condition. Thereafter, Lessee shall effect and bear the expense of all necessary repairs, maintenance, operation and replacements required to be made to maintain the Equipment in good condition, normal wear and tear excepted. 7. Operators. Lessee shall cause the Equipment to be operated by competent employees only, and shall pay all expenses of operation. 8. Liability. Lessee shall indemnify and save Lessor harmless from any and all injury to or loss of the Equipment from whatever cause, and from liability arising out of the use, maintenance and/or delivery thereof, but shall be credited with any amounts received by Lessor from insurance procured by Lessee. Damage- for any loss or injury shall be based on the then true and reasonable market value of the Equipment irrespective of rentals theretofore paid or accrued. 9. Insurance. All risk of loss, damage to or destruction of the collateral shall at all times be on Lessee. Lessee will procure forthwith and maintain at Lessee's expense insurance against all risks of loss or physical damage to the collateral for the full insurable value thereof for the life of this Lease plus breach of warranty insurance and such other) insurance thereon in amounts and against such risks as Lessor may specify, and shall promptly deliver each policy to Lessor with a standard long-form mortgagee endorsement attached thereto showing loss payable to Lessor; and providing Lessor with not less than 30 days written notice of cancellation; each such policy shall be in form, terms and amount and with insurance carriers satisfactory to Lessor; Lessor's acceptance of policies in lesser amounts or risks shall not be a waiver of Lessee's foregoing obligation. As to Lessor's interest in such policy, no act or omission of Lessee or any of its officers, agents, employees or representatives shall affect the obligations of the insurer to pay the full amount of any loss. Lessee hereby assigns to Lessor any monies which may become payable under any such policy of insurance and irrevocably constitutes and appoints Lessor as Lessee's attorney in fact (a) to hold each original insurance policy, (b) to make, settle and adjust claims under each policy of insurance, (c) to make claims for any monies which may become payable under such and other insurance on the collateral including returned or unearned premiums, and (d) to endorse Lessee's name on any check, draft or other instrument received in payment of claims or returned or unearned premiums under each policy and to apply the funds to the payment of the indebtedness owing to Lessor; provided, however, Lessor is under no obligation to do any of the foregoing. Should Lessee fail to furnish such insurance policy to Lessor, or to maintain such policy in full force, or to pay any premium in whole or in part relating thereto, then Lessor, without waiving or releasing any default or obligation by Lessee, may (but shall be under no obligation to) obtain and maintain insurance and pay the premium therefor on behalf of Lessee and charge the premium to Lessee's indebtedness under this Lease. The full amount of any such premium paid by Lessor shall be payable by Lessee upon demand, and failure to pay same shall constitute an event of default under this Lease. 10. Taxes. Lessee shall comply with and conform to all laws, ordinances and regulations relating to the ownership, possession, use or maintenance of the Equipment, and save Lessor harmless against actual or asserted violations, and pay all costs and expenses of every character occasioned by or arising out of such use. Lessee agrees that, during the term of this Lease, in addition to the rent and all other amounts provided herein to be paid, it will promptly pay all taxes, assessments and other 55-SA.395 (9/95) Equipment Lease. Except Texas Page 2 of 6 . . 10. Taxes (Continued) governmental charges (including penalties and interest, if any, and fees for titling or registration, if required) levied or assessed: (a) upon the interest of the Lessee in the Equipment or upon the use or operation thereof or on the earnings arising therefrom; and (b) against Lessor on account of its acquisition or ownership of the Equipment or any part thereof; or the use or operation thereof or the leasing thereof to the Lessee, or the rent herein provided for, or the earnings arising therefrom, exclusive, however, of any taxes based on net income of Lessor. Lessee agrees to file, in behalf of Lessor, all required tax returns and reports concerning the Equipment with all appropriate governmental agencies, and within not more than 45 days after the due date of such filing, to send Lessor confirmation, in form satisfactory to Lessor, of such filing. 11. Title. All said Equipment shall remain personal property, and title thereto shall remain in Lessor exclusively. Lessee shall keep the Equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. Upon expiration or termination hereof by other than default, the Equipment shall be returned unencumbered to Lessor by Lessee at the place where the rent is payable or to such other place as Lessor and Lessee agree upon, at Lessee's sole expense and in the same condition as when received by Lessee, normal wear and tear resulting from proper use thereof alone excepted. Lessee shall pay rent at the said rate until all said Equipment arrives at Lessor's premises, or other place designated by Lessor. 12. Inspection. Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Equipment and shall give Lessor immediate notice of any attachment or other judicial process affecting the Equipment, 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 any job, building or place where the Equipment is located; and may remove the Equipment forthwith, without notice to Lessee, if the Equipment is, in the opinion of Lessor, being used beyond its capacity or in any manner improperly cared for or abused. 13. Non-Waiver. Time is of the essence. Lessor's failure at any time to require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default shall not waive any other default. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy. 14. No Warranty. Lessor, not being the manufacturer of the Equipment, nor manufacturer's agent, makes no warranty or representation, either express or implied, as to the fitness, quality, design, condition, capacity, suitability, merchantability or perfonnance of the Equipment or of the material or workmanship thereof, it being agreed that the Equipment is leased "as is" and that all such risks, as between the Lessor and the Lessee, are to be borne by the Lessee at its sole risk and expense. Lessee accordingly agrees not to assert any claim whatsoever against the Lessor based thereon. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against the Lessor for loss of anticipatory profits or consequential damages. No oral agreement, guaranty, promise, condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto and/or to said Equipment are integrated herein. 55-SA-395 (9/95) Equipment Lease - Except Texas Page 3 of6 . 15. Possession. Lessor covenants to and with Lessee that Lessor is the lawful owner of said Equipment free from all encumbrances and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the Equipment during said term without let or hindrance. 16. Perfonnance of Obligations of Lessee by Lessor. In the event that the Lessee shall fail duly and promptly to perform any of its obligations under the provisions of this Lease, the Lessor may, at its option, perform the same for the account of Lessee without thereby waiving such default, and any amount paid or expense (including reasonable attorneys' fees), penalty or other liability incurred by the Lessor in such performance, together with interest at the rate of 1 1/2% per month thereon until paid by the Lessee to the Lessor, shall be payable by the Lessee upon demand as additional rent for the Equipment. 17. Further Assurances. Lessee shall execute and deliver to Lessor, upon Lessor's request such instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of this Lease and Lessor's rights hereunder. 18. Default. An Event of Default shall occur if: (a) Lessee fails to pay when due any installment of rent and such failure continues for a period of 10 days; (b) Lessee shall fail to perform or observe any covenant, condition or agreement to be performed or observed by it hereunder and such failure continues uncured for 15 days after written notice thereof to Lessee by Lessor; (c) Lessee dies, ceases doing business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts as they become due, files a voluntary petition in bankruptcy, is adjudicated a bankrupt or an insolvent, files a petition seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any present or future statute, law or regulation, or files an answer admitting the material allegations of a petition filed against it in any such proceeding, consents to or acquiesces in the appointment of a trustee, receiver, or liquidator of it or of all or any substantial part of its assets or properties, or if it or its shareholders shall take any action looking to its dissolution or liquidation; (d) within 60 days after the commencement of any proceedings against Lessee seeking reorganization, arrangement, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceedings shall not have been dismissed, or if within 60 days after the appointment without Lessee's consent or acquiescence of any trustee, receiver or liquidator of it or of all or any substantial part of its assets and properties, such appointment shall not be vacated; or (e) Lessee attempts to remove, sell, transfer, encumber, part with possession or sublet the Equipment or any item thereof. Upon the occurrence of an Event of Default, Lessor, at its option, may: (a) declare all sums due and to become due hereunder immediately due and payable; (b) proceed by appropriate court action or actions or other proceedings either at law or equity to enforce performance by the Lessee of any and all covenants of this Lease and to recover damages for the breach thereof; (c) demand that Lessee deliver the Equipment forthwith to Lessor at Lessee's expense at such place as Lessor may designate; and (d) Lessor and/or its agents may, without notice or liability or legal process, enter into any premises of or under control or jurisdiction of Lessee or any agent of Lessee where the Equipment may be or by Lessor is believed to be, and repossess all or any item thereof, disconnecting and separating all thereof from any other property and using all force necessary or permitted by applicable law so to do, Lessee hereby expressly waiving all further rights to possession of the Equipment 55-SA-395 (9/95) Equipment Lease - Except Texas Page 4 of 6 18. Default (Continued) and all claims for injuries suffered through or loss caused by such repossession; Lessor may sell or lease the Equipment. a time and location of its choosing provided that the Lessor acts in good faith and in a commercially reasonable manner but the Lessor shall, nevertheless, be entitled to recover immediately as liquidated damages for loss of the bargain and .. as a penalty any unpaid rent that accrued on or before the occurrence of the event of default plus an amount equal to ;;;; difference between the aggregate rent reserved hereunder for the unexpired term of this Lease and the then f!gg'''g~;; rental value of all Equipment for such unexpired term, provided, however, that if any statute governing the proceeding il which such damages are to be proved specifies the amount of such claim, Lessor shall be entitled to prove as and L damages for the breach an amount equal to that allowed under such statute. The provisions of this Paragraph shall ;;; without prejudice to any rights given to the Lessor by such statute to prove for any amounts allowed thereby. Should ^^~ proceedings be instituted by or against Lessor for monies due to Lessor hereunder and/or for possession of any or all the Equipment or for any other relief, Lessee shall pay a reasonable sum as attorneys' fees. No remedy referred to 11t::It:il is intended to be exclusive of any other remedy stated herein or of any other remedy otherwise available to Lessor at I".. or in equity. 19. Assignments. Without the prior written consent of Lessor, Lessee shall not assign this Lease or its interests hereunder or .::....::, into any sub-lease with respect to the Equipment covered hereby, it being agreed Lessor will not ....ii,;;.:.;::,;:;;.;.:.~:~ withhold its consent to a sub-lease of the Equipment. The conditions hereof shall bind any permitted successors . assigns of Lessee. Lessor may assign the rents reserved herein or all or any of Lessor's other rights hereunder. After <;c... . assignment, Lessor shall not be assignee's agent for any purpose; Lessee will settle all claims arising out of alleged breach warranties or otherwise, defenses, set-offs and counterclaims it may have against Lessor directly with Lessor, and not set ii~ any such against Lessor's assignee, Lessor hereby agreeing to remain responsible therefor. Lessee on receiving notice of .:iiiJ such assignment shall abide thereby and make payment as may therein be directed. Following such assignment, solely fOI the purpose of determining assignee's rights hereunder, the term "Lessor" shall be deemed to include or refer to Lesso(- assignee. 20. Miscellaneous. Lessee will not change or remove any insignia or lettering on the Equipment and shall conspicuously identify each item of ~~: Equipment by suitable lettering thereon to indicate Lessor's ownership. All transportation charges shall be borne by Lessee. . notices relating hereto shall be sent certified mail, return receipt requested to Lessor or Lessee at its respective address :;~~;":~ herein or at any later address last known to the sender. If any part hereof is contrary to, prohibited by or deemed invalid ulIlie, applicable laws or regulations of any jurisdiction, such provision shall be inapplicable and deemed omitted but shall l10i invalidate the remaining provisions hereof. Lessee waives all rights under all exemption laws. Lessee acknowledges th~ receipt of a true copy of this Lease. This Lease is irrevocable for the full term hereof and for the aggregate rental tH~~<>;!'"! reserved, and the rent shall not abate by reason of termination of Lessee's right of possession and/or the taking of p~,:,:!,rr;M by Lessor or for any other reason. Any payment not made when due shall, at the option of Lessor, bear late charges ~~.:-:-_- u calculated at the rate of 1 1/2% per month, but in no event greater than the highest rate permitted by relevant law. In ~~: event this Lease is deemed to be' a lease intended as security, Lessee grants Lessor a security interest in the Equipment ,"''' security for all of Lessee's indebtedness and obligations owing under this Lease as well as all other present and ~:.:~:.::-.= indebtedness and obligations of Lessee to Lessor of every kind and nature whatsoever. Lessee shall be responsible for . pay to Lessor a returned check fee, not to exceed the maximum permitted by law, which fee will be equal to the sum of (i) ~~: actual bank charges incurred by Lessor plus (ii) all other actual costs and expenses incurred by Lessor. The returned ~hp.~k fee is payable upon demand as additional rent under this Equipment Lease. This Lease contains the entire agreement between the parties with respect to the Equipment, and may not be altered, modified, terminated or discharged except by a writing signed by the party against whom such alteration, modifiC:ltion termination or discharge is sought. Lessee's initials If Lessee is a corporation, this Lease is executed by authority of its Board of Directors. 55-SA-395 (9/95) Equipment lease - Except Texas n___ ~ _; -=- r~:.;~ _ _ Dated: Lessee: 530 Greene St, Room 605 Address Auqusta City Lessor: Title nt, Vice President or Treasurer, and tr/ official tille. GA State The CIT Group/Equipment Financinq, Inc. Name of individual, corporation or partnership By Title If corporation, have signed by President, Vice President or Treasurer, and give official title. If owner or partner, state which. P.O. Box 27248 Address Tempe City 30911 Zip Code AZ State 85285-7248 Zip Code If Debtor is a partnership, enter: Partners' names Home addresses NOTICE: Do not use thIS fonn for transactIons for personal, family or household purposes. For agncultural and other transactions subject to Federal or State regulations, consult legal counsel to detennine documentation requirements. Agricultural purposes generally means farming, including dairy farming, but it also includes the transportation, harvesting, and processing of farm, dairy, or forest products if what is transported, harvested, or processed is farm, dairy, or forest products grown or bred by the user of the Equipment itself. It does not apply, for instance, to a logger who harvests someone else's forest, or a contractor who prepares land or harvests products on someone else's farm. 55-SA-395 (9/95) Equipment Lease - Except Texas Page 6 of 6 .:> IAI l:: Ur- ul::urH..:lIA UNIFORM COMMERCIAL CODE - FINANCING STATEMENT - FORM UCC-1 (Revised 1/1/1995) Form must be typed. Read Instructions on back before filling out form. Realslre, Inc. ~u PIE..cE IT PO lI011ll' AH()tIA...... lUIJ 1811101111113 THIS ANANCING STATEMENT IS PRESENTED TO A FILING OFFICER FOR FILING PURSUANT TO THE UNIFORM COMMERCIAL CODE, STATE OF GEORGIA. Lessee o Individual (Laal, First, Middle Name) o Business (Legal Business Name) lA.~ Name and Mailing Address; County of 530 Gr8~n2 1 B. ~~~lAl~~U'"Y I~AD' 309 11 Richmond Georgia Str2et, Room 605 2A. Doblor Name and Mailing Address; 1 C. D Check II exempt under lIem 6 o Individual (Lasl, First, Middle Name) o Business (Legal Business Name) . : I .. , 11'.'1::11Ol1 OJi 11'1,"'."11 '.1 o Individual (Last, First, Middle Name) o Business (Legal Business Name) 2B. Enter Social Securlly ITax 10 0 3A. Dobtor Name and Mailing Address: 2C. 0 Check II exempt under lIem 6 o Individual (Last, First, Middle Name) o Business (Legal Business Name) 5. Assignee Name and Mailing Address 3B. Enler Social Securlly ITax 10 0 3C. 0 Check II exempt under lIem 6 6. Exceptions lor Social SecurllylTax 100 - O.C.G.A. 11-9-402(9): Financing Slatementllled to perfect a securlly interesl in collaleral already subJecl to a security Interesl In another Jurisdiction when It Is brought into this slale or when the debtor's location Is changed to this slate, or lhe debtor is not requlr9d to have such a number. 7. 0 Check Only II BOTH; (I) Collalaralls consumer goods as dellned In O.C.G.A. 11.9.109 and (II) the secured obligation Is originally $5,000 or less, and give maturity date (MONTH/DAY/ YEAR) or stata "Nona" 4.~~~~~~ Name and Mailing Address: Lsssor o Individual (Last, First, Mlddla Name) o Business (Legal Business Nama) Th~ CIT Group/Equipm2n~ Financing 16LO ~1J.. F()untainheCld Pkwy, Ste 600 Temp2, AZ 8~78~ 8. Check ONLY II applicable. A. 0 Collalaral on Consignment. B.o Collaleral on Lease. 9A. This financing slatement covers lhe lollowlng types or IIams 01 collateral: 9C. Entar collateral coda(s) Irom back 01 lorm Ihat best describes collaleral covered by this filing: One (1) Moxy MT30X T~uck, n/n 3SJ593 and all tiren, wheels, attnchm~ntn, replacements sub~Jcitution:" ar.c2snions, additionG and alJ proceeds thar:;)oE.. 90. Number of additional sheelS 9B. D Products 01 collateral are also coyered. presented: 10. Check II applicable and Include reasonable description oltha real estale In Item 9A: A.D Crops growing or to ba grown. B.o Minerals or the like (Including 011 and gas) or accounts subject 10 O.C.G.A. 11.9.103(5). C.o Flxlure IIIlng pursuant to O.C.G.A. 11.9.313. 11. Name ollhe Record Owner(s) or Record Lessee(s) (" deblor does not have an ,nterest of record In Ihe real ostate): 12. County or Counties In which Ihe allected real estate is located (Musl be identilied IIlillng covers crops, minerai or IIxlures): 13. This statement Is IIled without the debtor's signature 10 perlect a security Intereslln collaleral (check only II applicable); A. 0 already sublect to a security Interest In another Jurisdiction when It was brought Into this stale or debtor's locetlon changed to this state: B. 0 which Is proceeds 01 the original collateral describod above In which a security Interest was perfected: C. 0 as 10 which the IIl1ng has lapsed: r a change 01 dobtor's name. Idonllty or corporale structure: or a security agreement I raal estate mortgage all ached hereto In accordance with O.C.G.A. 11.9.402(1). Debtor(s 15. Slgnature(s) of Secured Party(los) 16. Return Copy To: Name and Address r -, STATE OF GEORGIA - FINANCING STATEMENT UCC-1 (REVISED 1/1/1995) FOPM MII<:;T RI= TYPFn \. 'i NON APPROPRIATION RIDER This Non-Appropriation Rider to the Equipment Lease dated as of December -L, 1996 (the "Lease"), is by and between The CIT Group/Equipment Financing, Inc. as lessor and County of Richmond, Georgia, as lessee. Capitalized terms used herein without definition shall be defined as provided in the Lease. Notwithstanding anything contained in the Lease to the contrary, 1. The term of the Lease expires at midnight on the last day of 1996, and if renewed, at the end of each successive calendar year until the earlier of (i) a calendar year end in which Lessee does not renew the term for the next calendar year or (ii) December_ 2000, upon which date Lessee shall not have the right to renew the term of the Lease (the remainder of 1996 and each such succeeding calendar year being a "Year"). The Lease shall be deemed automatically renewed for the next Year, subject to clause (ii) above, unless the Lessee sends Lessor written notice no later than the December 1 of such Year that Lessee intends to terminate the Lease as of the end of such Year. By execution of the Lease and this Rider Lessee confirms that it has renewed the Lease for the Year ending December 31, 1997 2. In the event no funds or insufficient funds are appropriated and budgeted by Lessee's governing body or are not otherwise available by any means whatsoever in any Year for rental payments or other amounts due under the Lease, the Lease shall terminate on the last day of such Year for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of rental payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its assignee of such occurrence. Notwithstanding the foregoing, Lessee agrees, to the extent permitted by law, (i) that it will not cancel the Lease under the provisions of this Paragraph 2 if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the Year in which such termination occurs or the next succeeding Year thereafter, and (ii) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or services. 3. Upon termination of the Lease for any reason Lessee shall return the Equipment as required under Section 11 of the Lease. t.f ~f 4. Lessee's total payment under the Lease in 1996 is $ I Lf '3~. - Thereafter, if renewed, Lessee shall pay in each Year twelve payments of $4,438.28. ~ 5. Lessee and Lessor understand and intend that the payments made by Lessee under the Lease are payments of current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or J;. 'i' statutory limitations or requirements, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. 6. Section 18(a) of the Lease is amended to read in its entirety as follows: "declare an amount equal to all amounts then due under the Lease, and all unpaid Lease Payments due during the Year in which the default occurs to be immediately due and payable"; 7. The Lease and this Rider shall be governed by the laws of the Georgia. Any provisions of the Lease or this Rider found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease or this Rider. 8. This Rider may be executed in several counterparts and all of which shall constitute but one and the same instrument. 9. This Rider shall be binding upon and inure to the benefit of the Lessee and Lessor and their respective successors and assigns. 10. Except as modified herein the Lease remains in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed as of the I ~ day of December, 1996. Richmond County, Georgia The CIT Group/Equipment Financing, Inc. ~l..w By Title Title