R-82-464 - 7/8/1982ea
h ads . toF lackii.
0 OUND
CR
RINTING
8 OF 10E CENTER
P.O. BOX 542 • ROUND ROCK TEXAS 78664
111 E. MAIN • 512/2554884
WHEREAS, the Council has previously authorized the purchase of a
new backhoe and a new wheel loader /tractor, and
WHEREAS, the most favorable method of financing said purchase is
through a lease purchase agreement, and
WHEREAS, Capital City Leasing, Inc., has submitted a proposed
agreement whereby it would finance the purchase of said backhoe and
wheel loader /tractor, and
WHEREAS, the Council desires to enter into said agreement with
Capital City Leasing, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Lease Purchase Agreement and Financing Statement,
copies of such documents being attached hereto and incorporated herein
for all purposes.
RESOLVED this 8th day of July, 1982.
ATTEST:
JO NE LAND, City ecretary
RESOLUTION NO. i/ t /?
Iri
RY L. TONN, 'ayor
y of Round Rock, Texas
Leasing, Inc.
and the City of Round Rock
Texas
11.79 -410
6. Alterations.
r
LEASE PURCHASE AGREEMENT
(hereinafter referred to as "Lessee"),
WITNESSETH:
3. Lessee's Covenants and Representations. Lessee covenants and represents as follows:
THIS LEASE PURCHASE AGREEMENT (hereinafter referred to as "Agreement") by and between capital f i ty
Lease #M -159'
• aln) Texas corporation (hereinafter referred to as "Lessor "),
, a municipal and political subdivision of the State of
1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property described in Exhibit A hereto (the
"Property "), for an initial period commencing on the date hereof, and shall continue until the end of the Lessee's current fiscal period. and thereafter for
such additional fiscal periods es are necessary to complete the anticipated total lease term as set forth in the attached Exhibit B through and including
T+'phrlta ry 9, 1992 Lessee agrees to make payments hereunder to Lessor at the address specified pursuant to
Paragraph 19 hereof on the payment dates and in the amounts set forth in the amortization schedule attached hereto as Exhibit B.
Lessee's failure to obtain proper appropriation or approval of the full amount of funds necessary to make such payments during any fiscal period
subsequent to the current fiscal period shall terminate all of Lessee's right, title and interest en and obligations under this Agreement and to all of the
Property, effective on the last day of the last fiscal period for which appropriation or approval was properly obtained. Lessee shall furnish written notifi-
cation of such termination to Lessor no less than thirty (30) days prior to the effective date of termination.
2. Taxes. In addition to the payments to be made pursuant to Paragraph 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from
and against and to pay Lessor, as additional rent, an amount equal to all license, sales, use, real or personal property, gross receipts or other taxes, levies,
imposts, duties or charges, together with any penalties, fines or interest thereon imposed against or on Lessor, Lessee or the Property by any govern-
mental 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. Unless otherwise required by law. Lessee shall be
deemed to have title to the Property, subject to the provisions of this Agreement.
(a) Lessee 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;
lb) All payments hereunder have been, and will be duly authorized and paid when due out of funds then on hand and legally available
for such purpose; Lessee will to the extent permitted by State law and the other terms and conditions of this Agreement, include in its budget for each
successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all of its obligations hereunder and Lessee has
budgeted and available for the current fiscal period sufficient funds to comply with its obligations hereunder;
(c) Lessee has received end accepted the Property, which is in good condition and repair and complies in all respects with Lessee's speci-
fications;
(d) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization or per-
formance of or expenditure of funds pursuant to this Agreement;
(a) Lessee has an immediate need for, and expects to make immediate use of, substantially all of the Property which need is not tempo-
rary or expected to diminish in the foreseeable future; specifically, Lessee will not give priority in the appropriation of funds for the acquisition or use of
any additional property performing similar functions;
(0) 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 payment of sums due hereunder; and
(g) Lessee's right to terminate this Agreement as specified herein was not an independently bargained for consideration, but was included
solely for the purpose of complying with the requirements of the laws of the State of Texas
4. Use and Licenses. Lessee shall use the Property only for its proper purposes and will not install, use, operate or maintain the Property im-
properly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the
nature of the Property. Lessee shall provide, at its expense, all permits and licenses, if any, necessary for the installation and operation of the Property.
5. Maintenance. At its own expense, Lessee shall service, repair and maintain the Property in as good condition, repair, appearance and work
ing order as when delivered to Lessee hereunder, ordinary wear and tear excepted, and shall replace any and all parts thereof which may from time to
time become worn out, lost, stolen, destroyed, or damaged beyond repair or rendered unfit for its 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.
(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 may 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.
7. Liens, Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, en-
cumbrance or claim on or with respect to the Property, the title thereto, or any interest therein, except the respective rights of Lessor and Lessee
hereunder.
8. Damage to or Destruction of Property.
(a) In the event that all or any part of the Property is lost, stolen, destroyed or damaged beyond repair, Lessee shall replace the same at
Lessee's sole cost and expense as soon thereafter as possible and any such replacement shall become subject to this Agreement by appropriate endorse-
ment. Insurance proceeds received by Lessor with respect to any such casualty shall be paid to Lessee if such Property is replaced by Lessee as required
hereunder.
(b) If Lessee fails to replace such Property as required, Lessor may at its option terminate this Agreement as to that part of the Property
lost, stolen, destroyed or damaged beyond repair, and recover from Lessee the amount of the unpaid principal balance applicable to Property lost, stolen,
destroyed or damaged beyond repair as of the last date on which a payment was made pursuant to Paragraph 1 hereof, together with interest thereon at
the rate specified in Exhibit B from such payment date to the date of such termination, and less insurance proceeds received and retained by Lessor
hereunder, If Lessee exercises its option hereunder, the principal portion of the payments required to be made thereafter by Lessee pursuant to Paragraph
1 and the subsequent Option to Purchase Values set forth in Exhibit B shall be reduced in the proportion which the original purchase price of the part
of the Property lost, stolen, destroyed or damaged beyond repair bore to the aggregate original purchase price of the Property described in Exhibit A.
9. Insurance, Lessee shall, at its own expense, maintain comprehensive liability insurance with respect to the Property, insuring against such
risks and in such amounts as is customary for lessees of property of a character similar to the Property. In addition, Lessee shall, at its own expense main-
tain casualty insurance with respect to the Property, insuring against customary risks with coverage at all times not less than the amount of the unpaid
principal portion of the payments required to be made pursuant to Paragraph 1 as of the last- preceding payment date specified in Exhibit 8 on which a
payment was made. 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 interests may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, sub-
ject to the provisions of Paragraph 8. 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 of non - 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 other person or entity working on, in or about the Property to carry workmen's compensation
insurance covering employees working on, in or about the Property. In the event Lessee fails, for any reason, to comply with the requirements of this
Paragraph 9, Lessee shall indemnify and 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 from any casualty.
10. Indemnification. Lessee shall indemnity and save harmless Lessor and its agents, employees, officers and directors from and, at Lessee's
expense, defend Lessor and its agents, employees, officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs
and expenses (including but not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agree-
ment or the ownership, rental, possession, operation, condition, sale or return of the Property. All amounts which become due from Lessee under this
Paragraph 10 shall be payable by Lessee within 30 days following demand therefor by Lessor and shall survive the termination or expiration of this
Agreement.
11, Warranties, 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 HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION
WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE PROPERTY DESCRIBED IN EXHIBIT A
FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATIONS 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 undei
this agreement and Lessor shall not be liable to Lessee for any damages on account of such risks.
12. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to pur-
chase not less than all of the Property which is then subject to this Agreement "as is" at the payment date and for the Option to Purchase Values set forth
in Exhibit B or such adjusted Option to Purchase Value as may have been determined in accordance with Paragraph 8 hereof by giving written notice
to Lessor not less than sixty (801 days prior to the date specified In Exhibit B for the exercise of such option, provided that upon Lessee's timely pay-
ment of all payments specified in E xhibit 8 Lessee shall be deemed to have properly exercised its option to purchase the Property for $0 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 interests as may be created or permitted and not discharged by Lessee but without other warranties. Payment of the applicable
Option to Purchase Value shall occur on the applicable purchase date specified in Exhibit B hereto at which time Lessor shall, unless not required here-
under, deliver to Lessee a quitclaim bill of sale transferring Lessor's interest in the Property to Lessee free from any lien, encumbrance or security inter-
ests except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive pay-
ment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale 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.
la) The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involun-
tarily, by operation of law or pursuant to any order of any court or governmental agency:
(1) Lessee's failure to make any payment hereunder when due or within ten 110) days thereafter;
121 Lessee's failure to comply with any other covenant, condition or agreement of Lessee hereunder for a period of thirty 130)
days after notice thereof;
(3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of the date made;
(41 Lessee shall make, permit or suf any unauthorized assignment, transfer or other disposition of this Agreement or any inter-
est herein, or any item (s) of the Property or any interest therein, or
(5) 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 or receiver for the Lessee or a substantial part of its property; or in the absence of such application, consent
or acquiescence, a trustee or receiver is appointed for Lessee or a substantial part of its property and is not discharged within sixty (601 days; or any
bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquida-
tion 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.
Ib) Upon the occurrence of any Event of Default specified herein Lessor may in its sole discretion exercise any or all of the following
remedies:
(1) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder, by acceleration or other-
wise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses (including but not
limited to reasonable attorneys' fees) incurred by Lessor;
Initials:
Lessee:
Lessor:
Flint J T POPy
t
Description:
1982 John Deere 302 Serial # 377226
Wheel Loader Tractor with Box Scraper Serial #7195
1982 John Deere 410 Serial # 385503
Backhoe -Wheel Loader
EXHIBIT A
DESCRIPTION OF PROPERTY
Lease #M - 159
M -6
Interest
# Payment Date Portion
1 August 9, 1982 -0-
2 Feb. 9, 1983 2,033.44
3 August 9, 198:3 1,852.79
4 Feb. 9, 1984 1,662.20
5 August 9, 1984 1,461.13
6 Feb. 9, 1985 1,249.01
7 August 9, 1985 1,025.22
8 Feb. 9, 198:6 789.11
9 August 9, 198:6 540.03
10 Feb. 9, 1987 277.24
Initials:
Lessee:
Lessor:
EXHIBIT B
PAYMENT SCHEDULE
11% APR
Principal
Portion
5,317.97
3,284.53
3,465.18
3,655.77
3,856.84
4,068.96
4,292.75
4,528.86
4,777.94
5,040.74
Total
Payment
5,317.97
5,317.97
5,317.97
5,317.97
5,317.97
5,317.97
5,317.97
5,317.97
5,317.97
5,317.98
*After payment of amount otherwise due on date indicated
Lease #M -159
Option To
Purchase Value*
36,971.57
33,687.04
30,221.86
26,566.09
22,709.25
18,640.29
14,347.54
9,818.68
5,040.74
-0-
3. EQUIPMENT LOCATION:
L1CATE
CERTIFICATE OF ACCEPTANCE
Lease Purchase Agreement
By and Between
Capital City Leasing, Inc.
.City of Round Rock
and
1. ACCEPTANCE: In accordance with the above - mentioned Agreement, we hereby confirm that the
equipment listed in Exhibit A has been received, is in good conidtion and repair, and
complies in all respects with our specifications.
2. USE: The primary use of the equipment is as follows:
. Street repair and construction.
City Yard, 300 S. Blair, Round Rock, Texas
4. PAYMENTS: Invoicing shall be to the following address:
1/214 East Main, City of Round Rock
Round Rock, Texas 78664
DATE OF ACCEPTANCE: 1
LESSEE:
SIGNA
Lease #: M -159
(Lessor)
(Lessee)
5. INSURANCE: We certify that property and liability insurance has been secured in accordance
with the Agreement and such coverage will be maintained in force for the term of the
Agreement. Capital City Leasing, Inc. will be the designated loss payee until
we are notified, in writing, to substitute a new loss, payee. A copy of the policy endorse-
ment will be provided. Our insurance agency is ,% Round Rock Insurance whose
address and phone number is: L 104E East Main, Z55
BY: City of Round Rock
(name t .ed or printed)
TITLE: Mayor . .
' - - &'rte
(2) Following the expiration of five (5) days from the date of delivery of written notice, take possession of the property, without
court order or any process of law, and remove and release the same for Lessee's account, in which event Lessee waives any and all damages resulting there.
from and shall be liable for all costs and expenses (including but not limited to reasonable attorneys' fees, removal, relocation and reinstallation costs)
incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Paragraph 1 hereof and the amounts
received and to be received by Lessor in connection with any such reletting;
(3) 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 (including but not limited to reasonable attorneys' fees and removal costs) incurred by
Lessor in connection therewith;
(4) Sell the Property or any portion thereof for Lessor's account at public or private sale, on cash or credit, without demand on
or notice to Lessee of Lessor's intention to do so. If the proceeds from any such sale exceed the sum of (i) the costs of such repossession, sale, relocation,
and re- installation (including but not limited to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last pre-
ceding payment date specified in Exhibit B and Nil any past due amounts hereunder (plus interest on such unpaid principal balance at the rate speci-
fied in Exhibit 8 and interest on such past -due amounts at the rate specified in Paragraph 18 hereof, prorated to the date of such sale), all of which
shall be paid to Lessor, and such excess proceeds shall be paid to Lessee. If the proceeds are less than the sum derived in accordance with the preceding
sentence Lessor shall retain all such proceeds and Lessee - shall remain liable for any deficiency; or
(5) 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 ( including but not limited to reasonable attorneys' fees) incurred by Lessor in connection therewith.
14. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Paragraph 12 hereof, Lessee shall, upon the expiration
of the term of this Agreement or any earlier termination hereof pursuant to Paragraph 13 hereof, deliver the Property to Lessor in at least as good con-
dition and repair as when delivered to Lessee, ordinary wear and tear excepted, by loading the Property, at Lessee's expense, on such carrier, 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 Paragraph 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 8 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 by 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 and Sublease.
la) Without the prior written consent of Lessor, Lessee shall not 11) assign, transfer, pledge or hypothecate or otherwise dispose of this
Agreement, the Property, or any part thereof or any interest therein, (2) sublet the Property or any part thereof, or (3) permit the Property to be used for
any purpose not permitted by Paragraph 4 hereof.
lb) Lessor shall be entitled with or without notice to, or the consent of, Lessee to sell, assign or transfer allor any part of its right, title
and interest in, to and under this Agreement and all payments of any kind due or which are to become due to Lessor hereunder, and any such pur.
chaser(s), assignee(s) or transferee's) shall thereafter (jointly, if more than one) be deemed to be the Lessor hereunder, except that Lessor and Lessee
agree and acknowledge that any such purchaserlsl, assignee's) or transferee's) will have made no representation or warranty, and therefore will assume no
obligation, with respect to the title, merchantability, condition, quality or fitness of the Property for any particular purpose, or for the enforcement of
any warranties or service agreement made or assigned to Lessee by the initial Lessor named herein. Upon Lessee's receipt of written notice of Lessor's
sale, assignment or transfer of all or any part of its interest hereunder, Lessee agrees to attorn to and recognize any such purchaser (s), assignee(s) or trans -
feree(s) (jointly, if more than onel as the Lessor(s) under this Agreement. Upon written request Lessee agrees to execute and deliver such certificates or
other instruments as may reasonably be requested, including but not limited to a separate acknowledgement of assignment and attornment certificate in
the customary form as to any purchaser's, assignee's or transferee's right, title and interest in, to and under this Agreement, the Property and the pay.
ments thereafter due and payable pursuant to this Agreement.
16. Personal Property. The Property is and shall at all times be and remain personal property.
17. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or perform or comply with - any. qY its covenants or obligations
hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants omfo'bligations on behalf of Lessee
and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by. Lessor in performingor corn.
plying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, sbal(I be payable by Lessee upon
demand.
18. Interest on Default. If Lessee fails to pay any payments specified in Paragraph 1 hereof within ten 110) days after the dub date thereof,
Lessee shall pay to Lessor interest on such delinquent payment from the due date until paid at the lower of twelve percent (12 9 per annum or the
highest lawful rate.
19. Notices. All notices to be given under this Agreement shall be given in writing and mailed, postage prepaid, by first class, certified mail,
return receipt requested, to the other party at such address as such party may provide to the other in writing from time to time hereafter. Any such
notice shall be effective upon receipt.
20. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its heirs, successors,
assigns and personal representatives, 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. Lessee agrees to execute and deliver to Lessor upon request financing statements or other instruments required to per
feet and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction.
21. Miscellaneous.
(a) At any reasonable times, Lessor or its authorized representative may upon request inspect the Property and the books and records
of Lessee with respect thereto at the respective locations thereof.
(b) No covenant or obligations herein 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 forebearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant
or obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condi-
tion giving rise to such remedy.
lc) This Agreement shall be construed and governed in accordance with the laws of the State of Texas
in effect from time to time.
(d) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated,
amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee.
(e) 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.
Ifl 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.
(g) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and include the masculine or femi-
nine gender whenever and wherever appropriate.
(h) The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions
hereof.
(i) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties and their respective
heirs, successors, assigns and personal representatives, as the case may be.
BY
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Z� Ch ar1ac x SAiderrRn
(Name)
Vice Pr
(Title)
STATE OF TexAs
County of w1 \11 r\
1 ss.
On this Z day of t..-) ( A
My commission expires:
4 -?
My commission expires:
10/26/85
IN WITNESS WHEREOF, f hereunto set my hand and official seal.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
OPINION OF COUNSEL
The foregoing Lease Purchase Agreement has been duly authorized, executed and delivered
ization, execution and delivery by the Lessor named therein, constitutes a valid and legally bindi
with its terms subject only to bankruptcy, reorganization or other similar laws or equitable princi
creditors' rights.
2 - of July
,1982
LESSOR: Capital Cit /Leasing, Inc. LESSEE: C of Rn ' Rock
Notary Public
arry L. Tonn
(Name)
Mayor
19 8?-,. before me, the undersigned notary public, personally appeared
L . A rrLA L 7 -6 5■ 11 known to me to be the person whose name is subscribed to the within instrument and acknowledged
that he execute i the same for the purposes therein contained.
(Title)
,0/.x,14.
Attorney for Lessee
STATE OF Texas _ 1
1 as.
County of Travis , - I
On this 11th day df August , 1912_, before me, the undersigned notary public, personally appeared Charles
H. Seideman wh o acknowledged himself to be the Vic President or Capital
City Leasing, Inc. aN Texas corporation, and that he as such officer being duly author-
ized so to do, executed the foregoing instrument on behalf of the corporation for the purposes therein contained.
Lessee named therein nd, assuming due author -
igation of the Lessee : ntorceable in accordance
neral apQlication af tin he enforceability of