GR11ER nIG. E7aG'3 RGPRGVRL GF !_RTE PILL TO i=GRD C4GTGR CREDIT CGtM1F'FaN4 Gn this the CSth day of PJovember, cl~k~C, upon motion made by Commis Toner Williams, seconded by Commissioner Paldwinr the Co+_u•t unanimously appt^oved by a vote of 4-N-0r to pay late bill in the amo+.mt of S~Sa,5~6.46 from Line Item No. 10-560-~70 to Ford M:ator• Credit Companyr fot• initial payment on 6 new 20@3 Ford patrol vehicles. ~ } ~~CC~~~~~ ~C~~C~ ~~~~~ SST LATE BILL FOR 11/25/02 WILL NEED A HANDCHECK 3041 VENDOR ~ INVOICE # PAID TO: FORD MOTOR CREDIT COMPANY AMOUNT: 553,526.46 EXPENSE CODE: 10-560-570 DESCRIPTION: Initial payment on 6 new 2003 FORD patrol vehicles. INV. NUMBER: 11'02/1!6450503 INV. DATE: 11!01/02 DATE RECEIVED: 11/25/02 DUE DATE: 11/25/02 MUNICIPAL FINANCE P O BOX 1739 - MD 7500 DEARBORN, MI 48121-1739 i1l2;/20Et2 11::4 B3©-2;7-;9P.4 KERR CO SHEP.IFF DEPT a' s- FAGE 01 INVOICE November 1, 2002 LESSEE: Kerr County StlerifPs Department 700 Main Street Kerrville, TX 78028 REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY ~~„~_~~ MUNICIPAL FINANCE P. O. BOX 1739 - MD 7500 DEARBORN, Mf 48121-1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT FIRST DESCRSP710N PAYMENT NUMBER PAYMENT AMOUNT DUE DATE 6450503 11!04!2002 {8) 2003 Ford Crown Victoria P71s, 553,526.46 2FAFP71W73X148966, 2FAFP71W93X148967, 2FAFP71W03X148968, 2FAFP71W83X148975, 2FAFP7iWX3X158172 2FAFP71Wt3X156173 =0.00 PLEASE REMITS 153,526.46 If you have any questions regarding this Invoice, please calf L1nda Adamus {800- 241.4199, Ext. 173). ~~~~~__p Ford Motor Credit Company Judge Fred Henneke, County Judge Kerr County, Sheriff s Department 700 Main Street Kerrville, TX 78028 1 American Road P.O. Box 1739 Dearborn, Michigan 48121-1739 November 1, 2002 Subject: Master Equipment Lease-Purchase Agreement -Lease No. 6450500 Dear Judge Henneke: Thank you for selecting Ford Motor Credit Company as your Lease-Purchase Finance source. We, at Ford Credit, care about our customers and have a special interest in your continuous satisfaction with our services. For your records, we have enclosed a copy of the signed Master Equipment Lease-Purchase Agreement. Your Schedule (account number) is 6450503. Be sure to refer to Schedule 6450503 should you require assistance. To assist us with the timely processing of your payments, please: • allow seven mail days time to avoid late charges; • include Schedule 6450503 (account number) on your check, and • make check payable to "Ford Motor Credit Company" to our Lockbox: ~ DEPT 67-434 FORD MOTOR CREDIT -MUNICIPAL P. O. BOX 67000 DETROIT, MI 48267-0434 If I can be of any assistance, please contact me at 1-800-241-4199, Ext. 173. Sincerely, Linda Adamus Municipal Finance Enclosures Page 1 SCHEDULE 6450503 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6450500 This Equipment Schedule dated as of 11/04/2002, is being executed by Ford Motor Credit Company ("Lessor"), and Kerr County ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease-Purchase Agreement dated as of 07/14/2000 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: II QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) ~ SUPPLIER 6 2003 Ford Crown Victoria P71s, 2FAFP71W73X148966, Philpott Motors 2FAFP71W93X148967, 2FAFP71W03X148968, 2FAFP71W83X148975, 2FAFP71WX3X156172, 2FAFP71W13X156173 EQUIPMENT LOCATION Kerr County Sheriffs Department 700 Main Street Kemille, TX 78028 Initial Term: 36 Months Commencement Date: 11/04/2002 Periodic Rent: 2 Consecutive Annual in Advance Payments of $53,526.46 each (including interest), followed by one final payment of $53,526.59, due under this lease. The Periodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 6450503, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Kerr County Sheriffs Department By: ~- red Henn ke Title: County Judge LESSOR: Ford Motor Credit Company BY~ ~~ Fr strella Title: O rations Manager, Municipal Finance Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. OPINION OF COUNSEL With respect tc that certain Master Equipment Lease-Purchase Agreement 6450500 dated 0 7/1 412 0 0 0 by and between Ford Motor Credit Company (Lessor) and Kerr County (Lessee) as Supplemented by Schedule 6450503 thereto (the "Master Agreement"), I am of the opinion that: (1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power; (2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement; (3) the execution, delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action on the part of Lessee; (4) the Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state will govern the method of perfecting Lessor's security interest in the Equipment; (5) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms; (6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity, or before or by any govemmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and Lessee is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; and (7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been followed by Lessee and no govemmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection ~ the execution and delivery of the Master Agreement. r~-,. ~. iaruary soot ~ we.'wea eeir ne may nor oe uses SCHEDULE 6450503 -MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6450500 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and Kerr County ("Lessee"), dated as of 07/14/2000 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 04th day of November, 2002. LESSEE: Kerr County Sheriffs Department By: • re Henneke Title: County Judge LESSOR: Ford Motor Credit Company By: Title: (7lperations Manager, Municipal Finance ~,~ _ . _. _ `, I. ~.? . ~ J Schedule 6450503 Page ? Payment Schedule Lease Number: 6450500 Rate: 4.65 Lease Lease Payment Payment Lease Interest Principal Concluding Number Date Payment Portion Portion Payment 1 11 / 4 / 2002 53,526.46 0. 00 53,526.46 100,023.56 2 11 / 4 / 2003 53,526.46 4,651. 10 48,875.36 51,148.20 3 11 / 4 / 2004 53,526.59 2,378. 39 51,148.20 1.00 TOTALS 160,579.51 7,029. 49 153,550.02 LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 6450503 NUMBER DATE ORDER NO. DATE 07/1412000 6450500 11/04/2002 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 6 2003 Ford Crown Victoria P71s, 2FAFP71W73X148966, Philpott Motors 2FAFP71W93X148967, 2FAFP71W03X148968, 2FAFP71W83X148975, 2FAFP71WX3X156172, 2FAFP71W13X156173 LESSEE: Kerr County BY: ~°~_$ Sheriff's Department ~~~~~ 700 Main SVeet Kemille, TX 78028 (Title) DATE ACCEPTED: ~~' ~~ d~ This form is to be signed, dated and returned to Ford Motor Credit Company, Attn: Carol Tom, upon delivery and acceptance of the above equipment. ,- - f; `:~ ~ v ~.;