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FINANCING CONTRACTS " , Unisys Finance Corporation Unisys Corporation clllte 4A60 (~e Unlsys Place Detroit MI 48202 I . UNISYS Ju ly 19, 1988 Mr. Joseph R. McFate II Interim City Manager City of Clearwater 10 South Missouri Clearwater, FL 33516 Dear Mr. McFate: Enclosed please find the duly executed contracts for your recent financing transaction. Thank you for choosing UNISYS Finance Corporation to handle your computer equipment acquisition. We look forward to meeting your business needs in the future. 4(. ~ Susan H. Gawel Regional Operations Manager UNISYS Finance Corporation /caw Enclosures cc: R. Smith ]" .::. ~ I I UNISYS FINANCE CORPORATION LEASE SCHEDULE (State and Local Government Financing Agreement) EQUIPMENT LEASE AGREEMENT NO. 80111 DATE OF LEASE AGREEMENT: December 18, 1987 LEASE SCHEDULE NO. 01 DATE OF LEASE SCHEDULE: December 18, 1987 LESSEE: City of Clearwater 1. DESCRIPTION OF THE EQUIPMENT: Quantity Slyle Description of Units of Equipment Monthly Rent Serial Numbers (If available) ! I ! See schedule 'A I attached I I i i I i , i i I i I . I I .. I I I , I 2. EQUIPMENT LOCATION: 10 South Missouri Clearwater, FL 33516 (i e: f::i;UL/l~L .-+-, ').."" / ,"/ r';l~ (JtL/.. f ( ( )" ./:..;,.J.) !...;, //el/;; I To be used with Lease Agreement No 3029574 Form Nc_ 3029582 Re" 3/87 "'~c'\' "c. . I I . -:i 3. RENTAL TERM: 84 months. 4. MONTHLY RENTAL PAYMENT: $ See Schedule Below 5. AMOUNT OF ADVANCE RENTAL PAYMENTS: $ See Schedule Below 6. DEFERRED INTEREST INCLUDED IN TOTAL RENTAL PAYMENTS: $ 300, 795 8. TERMINATION CHARGE: 7. SECURITY DEPOSIT: $ None NON e: 9. THIS SCHEDULE AND ITS TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE IN THE ABOVE EQUIPMENT LEASE AGREEMENT. LESSEE PERMITS LESSOR TO INSERT SERIAL NUMBERS OF EQUIPMENT WHEN DETERMINED BY LESSOR. THE EQUIPMENT LISTED IN ITEM 1 DOES NOT INCLUDE SYSTEM SOFTWARE OR OTHER PROGRAM PRODUCTS. ANY SUCH SOFTWARE OR PROGRAM PRODUCTS SHALL BE SUBJECT TO A SEPARATE LICENSING AGREEMENT BETWEEN LESSEE AND UNISYS CORPORATION. MONTHLY PAYMENTS IN ADVANCE Months Monthly Payments 1-12 13-24 25-84 $10,283.14 10,283.14 14,588.00 LESSEE City of Clearwater By (Signature and Title) (Must be signed by official duly authorizer.! to enter into Lease on behalf of Lessee) LESSOR Accepted as of the date of this Schedule at Lessor's principal place of business in the State of Michigan set forthbefow: By (Sign ture an Title) Regional Operations Manager (Address) Unisys Finance . " One Uf/' Corporation Detroit M; Ihsrs Place I I.C Igan 48202 .,., . , I 1 , ' ,. . ,"<, SCHEDULE A EQUIPMENT DESCRIPTION Attached to Lease Schedule Number 01 under Master Equipment Lease Agreement Number SD? f{ wrrs CJItS NI> D~ ~~ aen.r.l Mar-Mr. Safety Har&tate SUbtotal '428,421.. 157J95I.. 586, 371.. 5 Teare c;.neral Software tioenM 5 Year. Safeoty .' ,.' Softwa:. Li~ JI.abt.otal - 7',7".32 76,653.95 583,277.13 1.5, '5!~. ". 35,151.. - - ~ ....... . r.u 1'll.18 ~f SUbtotal . . '2 teare PSA " 1 1ft.inS-a; OptIonal Software ITWtallatlon 0.11 very ..t1u~ ~i. Chatgtt ~ . . 764 ,182,13 31,591.. 15,11I.. 3,8". 1.-.. 1,111.. "21, _.63 LESSOR: .:::s~~ . . LESSEE: DATE: Regional Operations Mal,ager 1-/'f-YJT , City of Clearwater BY:. ~b>1,Mz 7i: llTlE: e Interim City Hanager TITLE: D~TE.e 1/27 /88 Unisys Finance Corporation [:0rrr.~: )'::'::~CJe.:::,::I€,. :.~- , . ,. I SCHEDULE A .1 eQUIPMENT DESCRIPTION Attached to Lease Schedule Number 01 under Master Equipment Lease Agreement Number CZ () '7 1'1 . "V"-- .H. ~~&.t ~ a.c.lpt;lCD mh PEs... M-P Mr CPO 11 '145,111 '1'27 a:n' 12 .. HlraDty .9493-125 Cdlk crlv. f2t.. 2I,HI tnbuilt 125 Ie X31e.-tl ESt Di.k DLP 11 s,HI X37S-2I DataCoanl DLP III .4 33,611 X266-97 Prlntetl'l'AP- DLP 11 5,"" ~IC 8Ipatwion Cabinet 12 31,1'" tC>8~ 1181 .. !'lxecS 12 '5,HI . Dtawet8 Single Port LESSOR: UN~~ BY: .. .-f1 ~.... MLE:Regiona\ Operations Mama."f LESSEE: City of Clearwater DATE: ?-/9-J? P-- By:ei. ~~m(!& 1L (j TITL~':l. InteriJ11 City Hanager DATE:_~ 1/27/88 Unisys Finance Corporation fOnT, No. 3031(183 Re, 3JE7 .,'... I SCHEDULE A . , EQUIPMENT DESCRIPTION Attached to Lease Schedule Number 01 under Master Equipment Lease Agreement Number i~1 f I LESSOR: A6-F General System Software Fees 5YIer Style DB8cri~iCD Licawe 1.6 ASl AS Software $ 39,125.139 Package A6ASF System Software facility A6IDC Interactive DC Configuration 1.6 ~ NDL II A6 !XX) OC/t)LP Pi rnware 1.6 Q)E CANOE 1.6 r:M2 Data Management System II 1.6 C74 COBOL 74 6,175."9 *1.6 OFM E-Ma 11 12,~~IJ.Be .*CM4822 AS/&29 695.19 CI1S Interface LESSEE: City of Clearwater Bye fr~,f'~(/~:r.c TITLE:e Interim City Manager DATE: 7-/9-Pr TITLE: Regional Operations Maneger 1/27/88 Unisys Finance Corpo~ation DATE:e ;::,::,~- Nc 3L'!3'06~' Re\' :-: =--; , ,'. ,", '. ,_ " I .~,.. a..'.' _..'".<..L.:.......~... .0_..__,_ _'_.~,~ l' _:_~_,_'" .,:....~o-"'-..~l..-"~."'d I' ~ " ,. .... , , I I ~ \ ",,' SCHEDULE A EQUIPMENT DESCRIPTION Attached to Lease Schedule Number 01 under Master Equipment Lease Agreement Number [074/ GENERAL SYSTEM CONTINUED ta-C'I' Cable lfEminatot 12 151 Kit. X31~-'8 XSMD CLP 12 1&,H' '5. LPM Ptlntec. 11 11,51' B'r324 1-2 75 IPS 1dT vi th 11 75,7.5 2 Channel &vi tch sw.y.tIID Paclcai41 and 2 DLPS inel,*-z (1) Br3241 Single cant.coller (1) MaRer PBI CDt 75 IPS (1) ~2l1 2 Channel ...1 tch 8'I'3244 Slave PrIOCR Dr! ve 11 22..25 7S IPS f428,~21 LESSOR: UNISYS. ~ ~? RPO~~/./ BY:~>e/ TITLE: Regional Operations Manager LESSEE: City of Clearwater DATE: ~-/'J-f~ BY: TITLE: _ \ InteriJ'1 Ci tyManager DATE:e '.'- 1/27/88 Unisys Finance Corporation Fo'f"" Nc 303108:' R., 310< . \ I SCHEDULE A t EQUIPMENT DESCRIPTION " Attached to Lease Schedule Number 01 ~lpt1aa A4 CPo 12 MB MInOry '1'27 CX11' '99493-125 Inbu11t 125 I'IS Oiak Or 1.... style A4-F 1311-98 ' JC8I Oiak ~ 651 LPM Pti,nter Pt lntet /rape' DLP .'~:> 1246-97 X378-21 K)8-4 OataCalm m.p I II 1H1 H8 'ixee! .. Oraweta .... . $ ~ ,'ro . ~, .., t1D8-CT Cable 'reminetDr lit lO94-98 .. ~ DLP '.' , , ,";.A-E :,r . .BIpanaian Cabinet .." ~ . .~: . "'--' ',~ r ,- LESSOR: UNI~.IN... ANC ORP......O...~.t. ~ BY: _ .' ~ MLE: ~Agi()nal Operations ManOlger DATE: 7-/'f-<fr . Unisys Finance Corporation under Master Equipment Lease Agreement Number gb71/ 'Wtii ftllla-. S&x:. Pri~ 11 . 55,111 12 11,19a '1 - 5,818 11 11,51B n 5,H" 12 .16,811 11 .:. ..~. 32.51' " 11: l5I 11 B,lle 11 15," $157,951 . '. ~. '.. '~" LESSEE: City of Clearwater BY:_~ J~~.I'1(h* r mLE: __i Interim City Hanager DATE: e'i 1/27/88 Fo":'T "'c 3C3~0E.3i=1e.. 3t.~ " ' .. I I SCHEDULE A EQUIPMENT DESCRIPTION Attached to Lease Schedule Number 01 under Master Equipment Lease Agreement Number <j 61ft A6-7 Software Fees Continued A6 RP3 Reporter 24,'".111 A6 OR) On-Line Reporter (,699.11 A6 0E2 OOESY 14,821.118 A6 012 OMS Inquiry 5,925." A6...cor cans Total 21,255.11" A6-ERG E!G) 19,865.11 A6-tMI' OM Intetpt etel 3,958." A6-OBA Data Sase 5,185..88 Anal yzet: A6-PLS Poll-se lect 2,(,g.IIg *r.ss ~lred li~ 5._.. "flCS,755.. **One-Tirae Li oense !'ee LESSOR: ~::sYq::~ TITL~egiOna\ Operations tll'ianlliigr LESSEE: DATE: ~-/l~?r City of Clearwater By:e ~~ ~ J?1'!dz 71 TITLE: _U Interim City Ifanager DATE: e 1/27 /88 Unisys Finance Corpo~ation Form Nc 3D31C)6.3 Re-~_ 3:87 SCHEDULE A EQUIPMENT DESCRIPTION , " I ~ Attached to Lease Schedule Number 01 , under Master Equipment Lease Agreement Number g 07 if I M-I' Safety System Software Fees ~1e A4 AS A4 ASP 1.4 M 1.4 Atn A4 ALX A4 BND A4 MD 1.4 M1C 1.4 UTL A4 wn. M DN A4 me A4 MOL A4 ta) A4 alE A4~ A4ror L.ESSOR: UNI;Z...S FINANe ORPO~.. .... . BY:.-- ~ TITLE: Regional Operation~ Manager 7-/9-r~ DATE: Unisys Finance Corporation ~i~oa SYeax Lic:er.ee AS Sof~are Package $24,595.99 System Softwale Facility M:P/MVancec! System wn. ~ilet DC At.OOL Canpiler PE~am Binder A4 Microcode Menu Assisted ReSOU1:OEt control utll1lities WOtkflow Language cross Reference Symbolic Interactive 'DC Confi;. MX, 11 DCOjt)LP ri t\"!IIIlB'C e CANOE Data Managsnent S18tem I I cans Total 19,645." $35,159."" L.ESSEE: City of Clearwater BY:_ ~~ml,L'..iz:e::. U TITL.ee Interim Ci ty Hanager DATE:~ 1/27/88 <:..~ ~c 30:;'083 Re, 3ib7 I I UNISYS FINANCE CORPORATION One Unisys Place Detroit, M I 48232 CERTIFICATE OF ACCEPTANCE LESSEE OR BUYER City of Clearwater EQUIPMENT LEASE OR CONDITIONAL SALES CONTRACT ("AGREEMENT'') NUMBER ............................. 80741 SCHEDULE NUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 01 THE UNDERSIGNED ACKNOWLEDGES THAT: 1. The Equipment and products described in the above-referenced Schedule are delivered, installed, available for use and are placed in service as of the Acceptance Date indicated below. 2. Such Equipment and products are in good operating condition and repair and are accepted as satisfactory in all respects for the purpose of the Agreement. 3. The undersigned will commence payment in accordance with the provisions of the Agreement, beginning on the Acceptance Date noted below. Acceptance Date: x j)~ 30 J 1~8a- Authorized Signature: x JOIIM::. Jj~ L~ Name Typed or Printed: x Lo.U.fl..A G c:~ \ L~e Title: x \) Q.,,, Q.. ~r C'J C.e s S\N~ P\ Q NQ.:::,e.1L Form No, 3029525 Rev 7/87 " U~SYS FINANCE CORPORATlbN EQUIPMENT LEASE AGREEMENT (State and Local Government Financing Agreement) !fJ711 '- LEASE AGREEMENT No. DATE: LESSEE: City of LESSEE'S PRINCIPAL PLACE OF BUSINESS: DE'("'pmhpr 18. 1qR7 Clearwater 10 South Missouri Clearwater, FL 33516 Lease Agreement, made as of lhe above date, between UNISYS FINANCE CORPORATION, a Michigan corporation ("Lessor"), having as a mailing address One Unisys Place, Detroit Michigan 48232, and the Lessee named above ("Lessee"), having its principal place of business located at the address set forth above. 1. LEASE AGREEMENT: Lessor hereby leases 10 Lessee and Lessee hereby rents from Lessor all the machinery, equipment and other personal property ("Equipment") described in Equipment Lease Schedule(s) relaled herelo which are or may from time to lime beexeculed by Lessor and Lessee ("Schedules"), upon lhe lerms and conditions sel forlh herein as supplemenled by the lerms and conditions set forth in the appropriate Schedule idenlifying such items of Equipment. Equipment is to be used for business and commercial purposes and nol for personal, family or household use. THE EQUIPMENT DESCRIBED IN EQUIPMENT LEASE SCHEDULE(S) RELATED HERETO DOES NOT INCLUDE SYSTEM SOFTWARE OR ANY OTHER PROGRAM PRODUCTS. ANY SUCH SOFTWARE OR PROGRAM PRODUCTS SHALL BE SUBJECT TO A SEPARATE LICENSING AGREEMENT BETWEEN LESSEE AND UNISYS CORPORATION. Whenever reference is made herein 10 this "Lease" it shall be deemed to include each of the various Schedules identifying all items of Equipment, all of which logelher with this lease agreemenl constitule one undivided lease of lhe Equipment, and the terms and conditions of which are incorporated herein by reference. 2. TERM: The obligations under lhis Lease shall commence as of the date hereof provided this Lease is accepled in wriling by Lessor and shall eng upon full performance and observance of each and every lerm, condilion and covenant sel forlh in this Lease and any extensions thereof (lhe "Lease Term"). The rental term of the Equipment listed in a Schedule shall commence upon the date of acceptance of the Equipment by Lessee (the "Acceptance Date") and continue for the number of months set forth in such Schedule, beginning with the first month commencing after the Acceptance Date, unless such term has been extended or otherwise modified in writing and signed by Lessor and lessee (the "Renlal Term"). This Lease cannot be cancelled or lerminated by Lessee excepl as expressly provided herein. 3. RENTAL PAYMENTS: Lessee shall pay rent to Lessor for lhe Equipment in the monlhly amounls specified in lhe applicable Schedule. Rent shall be payable on lhe first day of each month during the Rental Term. Rent shall be payable at the mailing address of Lessor sel forth above. Rental paymenls made by check will be accepted subject to collection. At Lessee's requesl, Lessor may advance for Lessee's benefit software license fees and/or service fees incidenlal to lhe delivery, installalion and/or operalion of the Equipment. If such fees are advanced by Lessor, the monthly rental payable by lessee 10 Lessor shall include an additional amount to cover repayment of such feeS. Lessor and Lessee undersland and intend lhat the obligation of lessee to pay renl hereunder shall conslitule an expense of Lessee and shall nol in any way be construed to be a debt of Lessee in contravention of any applicable conslilulional or slatutory Iimilalions or requiremenls concerning the creation of indebledness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. 4. DELIVERY AND INSTALLATION: lessee will select the type, quantity and supplier of each item of Equipment designaled in the appropriale Schedule, and in reliance lhereon such Equipment will then be ordered by Lessor from such supplier, or Lessor will accepl an assignment of an exisling purchase order therefor. Lessor shall have no liability for any delay in delivery or failure by lhe supplier to deliver any Equipmenl or 10 fill any purchase order or meel the conditions lhereof. Lessee, at its expense, will pay all transportalion, packing, taxes, duties, insurance, installation, testing and other charges in connection .wilh lhe delivery, inslallation and use of the Equipment. As soon as practicable after receipt of the Equipment, Lessee shall furnish Lessor wilh a written slalemenl acknowledging receipt of the Equipment in good operating condition and repair, and accepting it as satisfactory in all respects for lhe purposes of this Lease. Completion and signature of such statement by any employee, official or agent of Lessee having aulhorily in the premises or having managerial, supervisory or procuremenl duties with respect to equipment of the same general type as the Equipment leased hereunder shall conslilute acceptance of such Equipmenl on behalf of Lessee. Lessee understands and agrees that neither manufaclurer, seller, or supplier, nor any salesman or other agent of manufacturer, seller or supplier, is an agent of [.essor. No salesman or agent of manufaclurer, seller or supplier is authorized to waive or alter any lerm or condilion of lhis Lease, and no representation as to Equipment or any other matter by manufacturer, seller or supplier shall in any way affect Lessee's duty to pay the renlal paymenls and perform its other obligations as set forlh in this Lease. 5. WARRANTIES: LESSOR, NOT BEING THE MANUFACTURER, SELLER OR SUPPLIER OF THE EQUIPMENT, OR THE AGENT OF THE MANUFACTURER, SELLER OR SUPPLIER, MAKES NO WARRANTY, REPRESENTATION OR COVENANT, EXPRESS OR IMPLIED, AS TO MATTER WHATEVER, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE EQUIPMENT, THE QUALITY OR CAPACITY OF THE EQUIPMENT, THE WORKMANSHIP IN THE EQUIPMENT, COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENT OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO, PATENT INFRINGEMENT, OR LATENT DEFECTS. Lessee accordingly agrees not to assert any claim whalsoever against Lessor based lhereon. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against Lessor for any direct, indirect, consequential, incidenlal or special damages or loss, of any classification, including, withoul limilalion, any losl profits. Lessor shall have no obligalion to install, erect, test, adjust, service, or maintain lhe Equipment. Lessee shall look solely to lhe manufaclurer, seller,and/or supplier for any and all claims relaled to the Equipment. LESSEE LEASES THE EQUIPMENT "AS IS". NOTWITHSTANDING THE FOREGOING, LESSEE'S OBLIGATIONS TO PAY THE RENTALS OR OfHERWISE UNDER THIS LEASE SHALL BE AND ARE ABSOLUTE AND UNCONDITIONAL. Lessor hereby acknowledges that the warranties of the manufacturer, seller and/or supplier of the Equipmenl, if any, are for lhe benefit of both Lessor and Lessee. 6. TITLE TO AND LOCATION OF EQUIPMENT: During lhe term of lhis Lease, litle 10 the Equipment and any and all addilions, attachments, repairs, replacements and modifications thereto or therefor shall be vested in Lessee, subjecl to lhe rights of Lessor under this Lease. Upon the occurrence of a termination of lhe Lease pursuanl to the provisions of Paragraph 21 herein, unless Lessor elecls otherwise, title to the Equipmenl shall revert to Lessor free of any right, title and interest of Lessee. Lessee, at ils expense, will protect and defend Lessee's litle to lhe Equipment and Lessor's rights therein and will keep the Equipmenl free and clear from any and all claims, liens, encumbrances and legal processes of Lessee's credilors and other persons. All ilems of Equipmenl shall al all times be and remain personal property notwithstanding that any such Equipment may now or hereafter be affixed to realty. In the event of a default hereunder, al the oplion of Lessor, title 10 lhe Equipment shall revert to Lessor, and Lessee will, upon Lessor's request, promptly surrender possession of lhe Equipment to Lessor. Lessee hereby irrevocably designales, makes, conslilutes and appoints Lessor (and all persons designated I;>y Lessor) as Lessee's true and lawful attorney in facl wilh power, at such lime of .defaull or such limes thereafter as Lessor, in ils sole and absolule discrelion, may determine, in Lessee's or Lessor's name, to endorse lhe name of Lessee upon any Bill of Slate, document, instrument, invoice, freight bill, bill of lading or similar document relaling 10 lhe Equipmenl in order to vest title in Lessor and transfer possession 10 Lessor. The Equipment shall be delivered to the localion specified in the Schedule wilh respecl lherelo and shall nol lhereafter be removed from such localion withoul the written consent of Lessor. Wilhoul limitation of the foregoing, Lessee shall nol permit lhe Equipment or any part lhereof to be removed oulside the United States. 7. TAX EXEMPTION: Lessee hereby convenanls and agrees lhal lhe portion of the renlal paymenls under lhis Lease idenlified in the appropriate Schedule as deferred interest (lhe "Inleresl Component"), upon receipl, will not be includable as Federal gross income of the Lessor and will be exempt from Federal income taxes. Notwilhslanding anylhing herein 10 the contrary, if during lhe Lease Term or lhereafter, il is delermined that all or any part of lhe Interesl Component is subjecl No. 3029574 REV 6/87 . c- ,. , I Approved as to form and correctness: City Attor I CITY OF CLEARWATER, FLORIDA By: ~- -I ~ J?1f'& :;L- ()' t;'terim City Manager Attest: By: 4.... :.. -.(.-' ~--'_-~,.r . ! ,,\.!:! __ . .. ...)- ... - r, ,,~_~~;.(~~: .. -' ^-a....-.. .= ~ity_~~rk : =. I -'" ~_ ~ J ~',-. ~~, -c . -."- .:- ~