Laserfiche WebLink
Property ScheduDe No. I <br /> Master Tax-Exempt Lease/Purchase Agreement <br /> This Property Schedule No 1 is entered into as of the Commencement Date set forth below pursuant to that certain Master Tax-Exempt <br /> Lease/Purchase Agreement(the"Master Agreement"), dated as of February 10,2016, between U S Bancorp Government Leasing and Finance, Inc, <br /> and City of Pleasanton <br /> 1 Interpretation The tern-is and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein Reference is made to <br /> the Master Agreement for all representations,covenants and warranties made by Lessee in the execution of this Property Schedule,unless specifically <br /> set forth herein In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule,the provisions <br /> of this Property Schedule shall control All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement <br /> 2 Commencement Date The Commencement Date for this Property Schedule is February 10,2016 <br /> 3 Property Description and Payment Schedule The Property subject to this Property Schedule is described in Exhibit 1 hereto Lessee shall not remove <br /> such property from the locations set forth therein without giving prior wntten notice to Lessor The Lease Payment Schedule for this Property Schedule <br /> is set forth in Exhibit 1 <br /> 4 Opinion The Opinion of Lessee's Counsel is attached as Exhibit 2 <br /> 5 Lessee's Certificate The Lessee's Certificate is attached as Exhibit 3 <br /> 6 Proceeds Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 4 <br /> 7 Acceptance Certificate The form of Acceptance Certificate is attached as Exhibit 5 <br /> 8 Additional Purchase Option Provisions In addition to the Purchase Option provisions set forth in the Master Agreement, Lease Payments payable <br /> under this Property Schedule shall be subject to prepayment in whole at any time by payment of the applicable Termination Amount set forth in Exhibit <br /> 1 (Payment Schedule)and payment of all accrued and unpaid interest through the date of prepayment <br /> 9 Private Activity Issue Lessee understands that among other things, in order to maintain the exclusion of the interest component of Lease Payments <br /> from gross income for federal income tax purposes, it must limit and restrict the rights private businesses (including, for this purpose, the federal <br /> government and its agencies and organizations described in the Code § 501(c)(3)) have to use the Property Each of these requirements will be <br /> applied beginning on the later of the Commencement Date or date each portion of the Property is placed in service and will continue to apply until <br /> earlier of the end of the economic useful life of the property or the date the Agreement or any tax-exempt obligation issued to refund the Property <br /> Schedule is retired(the"Measurement Period") <br /> Lessee will comply with the requirements of Section 141 of the Code and the regulations thereunder which provide restrictions on special legal rights <br /> that users other than Lessee or a state or local government or an agency or instrumentality of a state or a local government(an"Eligible User")may <br /> have to use the Property For this purpose, special legal rights may arise from a management or service agreement, lease, research agreement or <br /> other arrangement providing any entity except an Eligible User the right to use the Property Any use of the Property by a user other than an Eligible <br /> User is referred to herein as"Non-Qualified Use" <br /> Throughout the Measurement Period, all of the Property is expected to be owned by Lessee Throughout the Measurement Period, Lessee will not <br /> permit the Non-Qualified Use of the Property to exceed 10% <br /> 10 Bank Qualification and Arbitrage Rebate Attached as Exhibit 6 <br /> 11 Expiration Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Master Agreement <br /> (including this Property Schedule and all ancillary documents)is not received by Lessor at its place of business by February 10,2016 <br /> IN WITNESS WHEREOF Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as <br /> of the Commencement Date above <br /> Lessor U S Bancorp Government Leasing and Lessee City of Pleasanton <br /> Finance, Inc <br /> By By <br /> Name Name <br /> Title Title <br /> Attest <br /> By <br /> Name <br /> Title <br />