SCHEDULE OF PROPERTY NO. 6
Re: Master Equipment Lease/Purchase Agreement, dated as of November 30, 2015, between Banc of America Public Capital Corp, as Lessor, and City of Anaheim, as Lessee
1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the “Agreement”).
2. Equipment.
The Equipment shall consist of ( 3) Medix Specialty RP -90 ES, Type III Ambulances to be garaged within the geographic limit s of Lessee together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement.
3. Payment Schedule.
(a) Rental Payments; Commencement Date . The Rental Payments shall be in such amounts and payable on such Rental Payment Dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit B and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06 of the Agreement. Lessee’s obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final Acceptance Certificate executed by Lessee and substantially in the form of Exhibit E attached to the Agreement, and (ii) the date on which sufficient moneys to acquire and install the Equipment listed in this Schedule are deposited for that purpose with an Escrow Agent pursuant to Section 3.04(c) of the Agreement (the earlier of such two dates being herein referred to as the “Commencement Date”).
(b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the “Prepayment Price” column of the Rental Payment Schedule attached to this Schedule. The Prepayment Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule).
4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, w arranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material Adverse Change has occurred since the dated da te of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non-appropriation under any Lease currently in effect is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event
of Default or an Event of Non-appropriation; (e) the governing body of Lessee has authorized the execution and delivery of the Agreement and the Leases pursuant to Resolution No. _________________, approved on __________; (f) the Equipme nt listed in this Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee o nly for the purpose of performing one or more of Lessee’s governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.
5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof.
6. Lease Term. The Lease Term shall consist of the Original Term and five (5) consecutive Renewal Terms, with the final Renewal Term ending on January 15, 2029, subject to earlier termination pursuant to the Agreement.
7. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date is January 15, 2027.
8. Contract Rate; Taxable Rate. The Contract Rate for this Schedule is 3.9146% per annum. The Taxable Rate for this Schedule is 4.9963% per annum.
9. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner: City of Anaheim
(b) Lienholder: Banc of America Public Capital Corp
Bank of America Plaza
600 Peachtree Street NE, 11th Floor
Atlanta, GA 30308-2265
Lessee shall be responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor’s files throughout the Lease Term of the Lease created hereby.
Dated: December 2, 2024
LESSOR: LESSEE:
Banc of America Public Capital Corp City of Anaheim
555 California Street, 4th Floor 200 S. Anaheim Blvd
San Francisco, California 94104 Anaheim, CA 92805
Attention: Contract Administration Attention: Finance Director/City Treasurer
By: _________________________________ By: _________________________________ Name: ___________________________ Name: ___________________________ Title: ____________________________ Title: ____________________________
Counterpart No. _____ of _____ manually executed and serially numbered counterparts.
To the extent that the Lease created hereby constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1.
EXHIBIT B
RENTAL PAYMENT SCHEDULE
Rental
Payment
Date
Rental
Payment
Amount
Interest
Portion @
3.9146
Principal
Portion
Outstanding
Balance
Prepayment
Price
Casualty
Value
12/2/2024 N/A N/A N/A
689,235.87 N/A N/A
1/15/2025
149,326.48
3,222.72
146,103.76
543,132.11 N/A N/A
1/15/2026
149,326.48
21,261.48
128,065.00
415,067.11 N/A N/A
1/15/2027
149,326.48
16,248.24
133,078.24
281,988.87
281,988.87
281,988.87
1/15/2028
149,326.48
11,038.75
138,287.73
143,701.15
143,701.15
143,701.15
1/15/2029
149,326.48
5,625.34
143,701.14 N/A N/A N/A
746,632.40
57,396.53
689,235.87