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• '® <br /> MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT <br /> This Master Equipment Lease/Purchase Agreement (the 'Agreement") dated as of <br /> April 21, 2005, and entered into between Banc of America Leasing et Capital, LLC, a <br /> Delaware limited liability company ("Lessor', and City of Pleasanton, CA, a body <br /> corporate and politic existing under the laws of the State of California ("Lessee"). <br /> WITNESSETH: <br /> WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment <br /> described in each Schedule (as each such term is defined herein), subject to the terms and <br /> conditions of and for the purposes set forth in each Lease; and in the event of a conflict <br /> the terms of a Schedule prevail; and <br /> WHEREAS, the relationship between the parties shall be a continuing one and items <br /> of equipment may be added to the Equipment from time to time by execution of <br /> additional Schedules by the parties hereto and as otherwise provided herein; and <br /> WHEREAS, Lessee is authorized under the constitution and laws of the State to enter - <br /> into this Agreement and the Schedules hereto for the purposes set forth herein; and <br /> WHEREAS, the governing body of Lessee has authorized the execution and delivery <br /> of this Agreement and the Leases pursuant to [Resolution No. OStaz7 ] [Ordinance No. <br /> ], approved on (h ay 3 204,L <br /> Now, THEREFORE, for goodd and valuable consideration, receipt of which is hereby <br /> acknowledged, and in consideration of the premises hereinafter contained, the parties <br /> hereby agree as follows: <br /> ARTICLE I <br /> Section 1.01. Definitions. The following terms will have the meanings indicated <br /> below unless the context clearly requires otherwise: <br /> "Acquisition Amount" means the amount specified in each Lease and represented <br /> by Lessee to be sufficient to acquire the Equipment listed in such Lease, which amount <br /> shall be not less than $100,000 for each Lease. <br /> "Acquisition Fund" means, with respect to any Lease, the fund established and held <br /> by the Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement, if <br /> any. <br /> "Acquisition Fund Agreement° means, with respect to any Lease, an Acquisition <br /> Fund Agreement, substantially in the form of Exhibit A attached hereto, in form and <br /> substance acceptable to and executed by Lessee, Lessor and the Acquisition Fund <br /> Custodian, pursuant to which an Acquisition Fund is established and administered. <br /> #219845v12(Gov't Entity Master Lease) 1 <br />