HomeMy WebLinkAbout1997-11-18; City Council; 14447; FIRST AMENDMENTS TO AGREEMENTS WITH MOTOROLA, INC. TO PROVIDE PHASE II, PART 1, 800 MHZ RADIO EQUIPMENT AND APPROPRIATING FUNDS FOR THE EQUIPMENT PURCHASE AND PAYMENT OF MAINTENANCE CHARGESI
System Annual
costs costs
Capital Debt Service
Previously Approved by Council
Backbone Costs 1,590,132 174,260
Dispatch Center/Microwave 764,986 79,265
Total Obligated 2,355,118 253,525
Current Request Equipment
Phase II : Part 1 Equipment
Public Safety 861,119 87,878
Water 179,759 18,344
Total Requested Equipment 1,040,878 106,222
Annual Backbone Maint. 71,500 Costs (1 998 estimate)
Sub Total Prior Approval and 3,395,996 431,247
Current Request
Future System Improvements
Phase 11: Part 2 Equipment
General Services 329,142 35,501
Annual Backbone 24,900 Maintenance
Phase Ill
DatalAVL 1,274,098 137,423
Total All Costs at Build-Out 4,999,236 629,071
Source of Funds (Note '
Funded Enterp
By Existing Func
CSA Funds APProPr
Note 2 Reque!
149,864
68,168
218,032
87,878
0
87,878
58,750
364,660
35,501
24,900
118,184
543,245
YEAR
Current
1998
1998
1999
2000
CSA FUND
SERVICE FUND SHARE BALANCE
253,525 35,494 906,173
431,247 66,588 5413 4
491,648 66,588 1 16,454
ANNUAL DEBT ENTERPRISE
629,071 85,827 -426,790
629,071 85,827 -543,244
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MEMORANDUM
Office of the Fire Chief
Date: August 7, 1997
To: Ray Patchett, City Manager
From: Fire Chief
Subject: 800 Mhz REGIONAL COMMUNICATION SYSTEM (RCS)
Financial Management Director
FUNDING ISSUES
Backaround
In 1994, determined to find a better solution to poor wireless communications, publi
safety and public service agencies in San Diego County and Imperial Count
completed a three year collaborative effort to form the Regional Communication
System (RCS). The RCS vision of over 50 agencies sharing fiscal and radi
frequency resources to provide and administer cost effective, wireless communicatio
solutions will soon be a reality. Now under construction, the RCS will enable publi
safety personnel in this two County area to communicate seamlessly acros
jurisdictional boundaries on a unit-to-unit level, regardless of their affiliation. The RC
will be satisfying a wide range of wireless voice and data needs for a variety of pub1
safety and public service agencies near the California - Mexican border.
San Diego and Imperial County jurisdictions are leading an emerging nationwic
trend toward shared public safety radio networks. Participants sharing administratic
of the RCS include state, county and local jurisdictions and agencies. Combinir
resources has resulted in a robust system supporting over 12,000 radios, controllir
more than 150 frequencies, and utilizing 50 microwave repeater sites. The 10,OC
square mile coverage proves that through sharing, the whole can be greater than tt
sum of its parts. The system is under construction and will be an operational reality 1:
mid-1 998.
Over the next three years, the County and several other participating agencies ai
planning to install a new radio communications system for all public safety and sorr
community services operations. The purpose for the system is to develop region
communications capabilities to cope with potential disasters and major events,
improve inter-agency and intra-agency communications and to provide the needc
technology for all participants to meet their communications needs in the future.
This Regional Communications System (RCS) is made up of several interrelatc
project components, which are designed to achieve the goal of replacing the existir
system in the most efficient manner for the RCS members and the residents of S:
Diego County. This system includes a variety of capabilities including voice and dat
the ability to communicate between agencies, computer aided dispatch upgrade
Automatic Vehicle Locator (AVL), and mobile data terminals.
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The system is expected to cost a total of $83.4 million, with the county providing th
majority of the funding. Each agency’s share is based on its proportional deman
placed on the system. Carlsbad’s share is roughly $5 million. $1.6 million represent
the City’s share of the basic backbone system and microwave towers, and $3.4 miiiio
is the direct cost to Carlsbad for its share of the public safety dispatch center upgradc
mobile and portable equipment, and additional data backbone/microwave costs tied t
the AVL system. In addition, Carlsbad will share in the annual maintenance of th
backbone system. This maintenance cost is expected to be $1 01,000 per year.
The City of Carlsbad intended to fund its share of the costs from revenue received fro1
the County Services Area (CSA) assessment against property within the City. Th
assessment averaged about $23 per single family dwelling.
800 Mhz Implementation Schedule
The current development schedule calls for the backbone system to be completed t:
August 1997 with the system activation occurring during the first half of 1998. Tt-
end-user voice system is expected to be functional by mid 1998, with the sheri
converting to the 800 Mhz system by the end of 1998. The Emergenc
Communications system upgrades will be completed by early 1998. The AVL SySter is slated for completion by the mid-I 998.
The $764,086 upgrade to the Carlsbad Dispatch Center was completed on June 1-
1997. The upgraded dispatch center will be able to continue operating the old radi
system until the mobile units are converted to the 800 Mhz system. Carlsbad’s mobil
and portable radios are planned to be received in 1998. Council previously approvc
entering into a lease purchase agreement for this equipment.
Proposition 2 1 8
On November 5, 1996, the voters approved Proposition 218. This proposition, titk
“Voter Approval for Local Government Taxes, Limitations on Fees, Assessments ar
Charges”, establishes new rules for the creation of property related taxes and charge
It’s significant provisions include:
Requires voter approval for tax levies
Requires approval by a majority of property owners for all assessments
Requires majority property owner approval or two-thirds electorate approval f(
property related fees and charges
0 Authorizes the use of the initiative process to repeal or reduce local taxes, fee
charges, and assessments
The court system has not had an opportunity to hear arguments related to ar
Proposition 21 8 issues nor has the legislature adopted any implementing guideline
which might assist cities or counties in sorting out the complex issues. There
pending legislation which would clarify some of the language of Prop 218, howevf
the most controversial provisions have not yet been addressed. This means that citit
and counties are required to comply with Proposition 218 to the best of their abilitit
until clarification can be provided by the legislature and courts.
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The passage of Proposition 218 brought the validity of the CSA charge into questior
and the matter was reviewed by City Attorneys and County Counsel. Following thi
review, a decision was made by the County not to levy a charge against property unt
it is approved by the voters. The earliest that the County could place this matter on l
ballot is for the June 1998 election. This means that no assessments will be collectel
for the 1997-98 fiscal year.
Also, the RCS Board of Directors and the County still need to decide whether or not t
take the issue to the voters at all. In either case, the ability to fund the RCS from CS,
funds will remain in doubt until after the June 1998 election.
This uncertainty poses a threat to the General Fund. If the CSA is not confirmed by th
voters and Carlsbad proceeds with the installation of the 800 Mhz radio system, it i
likely that the General fund will bear most of the burden of paying the costs of th
system. Carlsbad’s share of the total system cost is $5 million. The CSA has
balance of approximately $1,000,000 collected over the past two years. Thus,
Carlsbad’s City Council chooses to go forward with the system and the assessment i
not ratified by the voters, the remaining burden for payment of the system’s cost of $
million may need to be paid by the General fund and a portion from the Watc
department fund reserves (Approximately $376,317 plus $1 4,400 a year for backbon
maintenance cost).
Fiscal Imr>act
The total cost of the system is estimated at $5 million. This amount is to be finance
through a lease purchase agreement with Motorola and the County over a 15 ye:
period. Annual debt service payments will total approximately $600,000 per year onc
the entire system is purchased. Under the original plans, the annual revenue from th
CSA was to fund the lease payments for user equipment to Motorola and th
payments to the County for the voice and data backbone costs. When the system WE
paid off, the CSA assessment would end. In addition, the City will be expected to fur
its share of the annual maintenance cost of the backbone system, estimated to b
about $1 01,000 per year upon system completion.
The City has already committed itself to the purchase and installation of ti-
Dispatch/Microwave portion of the project and to its share of the backbone syster
These two items total $2,354,100. Using the lease purchase agreement already i
place, the annual debt service totals approximately $250,000.
The City currently has access to approximately $1,000,000 in existing CSA fund
This is the total amount of CSA 135, Zone-A money collected in the Carlsbad area t
the County over the two year period prior to the passage of prop. 218. If these fun(
are used to pay the lease payments on only the portions for which we are alreac
committed, they would be sufficient to cover approximately fours years worth of de
service payments.
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If the CSA is not confirmed by the voters, then the City Council will need to make Somt
key decisions. The following are some possible options which the Council may want tc
consider in the future.
Possible Options
1. Proceed with the installation of the system and fund all harc
revenue sources, if available:
Under this plan, the City would commit to the completion of the 800 Mhz radic
system. Any remaining funds in the CSA account would be used first to pay fo
equipment as it is needed. When CSA funds are no longer available, the Cit
would fund its remaining share of the costs from General fund balance wit1
some portion coming from the water and sanitation funds.
costs from existing CSA funds, General Fund balances and Othe
Annual Costs
System (See Note 1)
costs
Previously Obligated Costs
Backbone Costs 1,590,132 171,511
Dispatch Center/Microwave 764,986 79,265
Total Obligated 2,355,118 250,776
Remaining Equipment Costs:
User Equipment:
Public Safety 857,603
Water 162,943
General Services 376,049
Data/AVL 1,274,098
Total Remaining Equipment 2,670,693
Total All Equipment Costs 5,025,811
Annual Maintenance Costs
Total Annual Costs 351.776
for Backbone System 101,000
Source of Funds:
Existing CSA Fund Balance
Water District Funds (See Note 2)
Note 1 - The annual costs include lease purchase payments on equipment already
installed under an existing agreement with Motorola
Note 2 - The Water District will be responsible for funding a share of the total costs for
the system based on the proportional share of the system used by District radios
(Zone A - estimated balance) 1,000,000
86,323
Using the option above, the General fund would pay the total equipment cost c
$2,670,693, and fund the debt service of the backbone, dispatch center an(
annual backbone maintenance from the CSA reserves for approximately three
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years. At the end of three years, the balance of the financed portion would b
paid off using General fund and Water fund reserves (The Water District woul
pay approximately $86,323 per year for annual debt service for the backbon
and dispatch center, their equipment, and their share of the data backbon
backbone maintenance).
The RCS members are exploring other funding sources but none have yet bee
identified. Staff expects the General fund balance to total about $IC to $1
million by the end of 1996-97.
If completing this project on schedule is a high priority, staff recommends thi
Council adopt this option as a fall back position. If the CSA is not ratified by tt-
voters, or if interest rates rise substantially, the Council may want to revisit th
option. This funding plan will put a minimum demand on the day-to-dE
General fund revenues, and will obligate the General fund balance i
purchases are made.
2. Proceed with the installation of the system, fund all hard cos1
through lease purchase agreements, and pay annual leas
purchase costs from General fund balance (and other fun
balances, as appropriate):
This option is similar to the one above, with one exception. instead of payir
cash for the system as it is installed, the City would continue to draw on its lea:
purchase agreement with Motorola as the system is installed. This agreeme
will allow the City to finance the equipment over its useful life (up to 15 years
The annual lease purchase payments could be made from day-to-day Gener
fund revenues or from General fund balances. As with the previous option,
small portion may be paid from the water and sanitation funds as well.
System Costs Debt Service
Backbone Costs 1,590,132 17151 1
Dispatch CenterlMicrowave 764,986 79,265
250,776 Total Base System Costs 2,355,i 1 a
User Equipment:
Public Safety 857,603 92,501
General Services 376,049 40,560
DatdAVL 1.274.098 I 37.423
Total User Equipment Costs 2,670,693 288,059
Water 162,943 17,575
Total System Costs 5,025,ai 1 53am
Annual Backbone Maintenance Costs 101,000
Total Annual Debt Service and Maint Costs 639,as
Less - Existing Source of Funds:
CSA 135,Zone-A Balance 1,000,000 107,859
Net Unfunded Equipment Costs 4,025,811 531,976
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If balances are used, there would be less conflict between the 800 Mhz syster and other operating programs. Staff is able to recommend the use of balance
for this expenditure because of its limited life. Staff does not recommend thi
the Council use the general fund balance to fund ongoing expenses.
There is an alternate plan to phase in the various departments over a three ye2
time span - the first year completing public safety and the Water department an
second and third year general services with Data and AVL implemented early I
1999. As illustrated below, in the year 2000, the CSA funds will be gone an
the General fund will then be used.
Purchase Annual Costs
Price 1997 1998 1999 2000
Base System Costs
Backbone Costs 1,590,132 171,511 171,511 171,511
Dispatch Center/Microwave 764,986 79,265 79,265 79,265 79,265
Total Base System Costs 2,355,118 79,265 250,776 250,776 250,776
Public Safety 857,603 92,501 92,501 92,501
Water 162,943 17,575 17,575 17,575
General Services 376,049 40,560
DatdAVL 1,274,098 137,423 137,423
User Equipment:
Total User Equipment Cost 2,670,693 - 110,076 247,499 288,059
Total System Cost 5,025,811 79,265 360,852 498,275 538,835
Annual Backbone Maintenance $76,200 $76,200 $1 01.000
Total Annual Debt Service and 79,265 437,052 574,475 639,835 Maint Costs
Sources of Funds
Water District ( See Note) 11,097 67,084 86,323 86,323
CSA 13 -Zone A 68,168 369,968 488,152 73,712
General Fund or other Sources - 479,800
Total Source of Funds
Beginning
Balance 1997 1998 1999 2000
Fund Balance - CSA 135 - Zone A 1,000,000 931,832 561,864 73,712
Note: The Water District’s proportionate annual debt service share of the backbo
and dispatch center is $35,109; User equipment is $17,575; Data/AVL is $19,2?
and, backbone maintenance is $14,400, for an annual total of $86,323.
The interest rate on the lease purchase agreement is set at 95% of the 15 ye
US Treasury Bill (currently yielding about 7%). If rates remained unchangl
over the life of the lease, based on the present value of the expected cash flov
it would be slightly more costly to finance the purchase than to pay cash as t
equipment is installed. However, the Council would have a larger General fu
balance available for emergencies over the term of the lease if this financi
option is chosen.
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Staff recommends that Council adopt one of these two options if Completion C
the system is a high priority, and the Council wishes to maintain as much fisc:
flexibility as possible. These options have the advantage of stretching out th
cash flow demands over the useful life of the equipment.
3. Put the 800 Mhz system installation on hold until a source c
funds can be identified:
It was the Council’s original intent to fund the 800 Mhz radio system fro!
revenue generated by the CSA. If those funds become unavailable, the Counc
may wish to reconsider its commitment to the project.
purchase of the remaining pieces. Of course, without the radios and equipmer
to use the new system, the City would not be able to take advantage of th
benefits of the 800 Mhz frequency while at the same time making annual det
service payments of $250,776 per year for the next fifteen years.
Although the City
committed to the first phases of the project, it does not have to complete th
Obligated Costs Debt Service
Backbone Costs $1,590,132 $1 71,511
Dispatch CenteVMicrowave $764,986 $79,265
$2,355,118 $250,776
An additional factor to consider in this option is that the Federl
Communications Commission (FCC) is considering changing to frequenc
technology which will make our current radios obsolete and unlicensable. I
fact, the National Telecommunications and Information Administration (NTIF
has mandated that federal systems make the changes by 2005. The FCC pla
is to move all users to 12.5 Khz (Kilohertz) channel spacing. Our radic
currently use 25 Khz spacing. In narrowing the band width by half, the FC
doubles the number of frequencies they can license and thereby increasing th
number they can sell. These different band widths are incompatible with 01
current radio systems and user equipment, thereby dictating that most of 01
equipment must be replaced.
Council should consider this alternative if competing priorities for funding at
substantial, and Council is concerned about dedicating considerable resourcc
to this project without having fully evaluated other projects.
Summarv
Council does not need to make any decisions on this issue at this time. The upgrade
to Carlsbad’s dispatch center are complete and the installation of the backbon
system is underway and scheduled for completion by the end of August 1998. Th
City has a commitment to complete and fund their portion of system and funds ar
available to make the lease payments for the next several years. Staff is continuing 1
meet with the County and the other participating agencies to explore alternatib
methods for funding the system and to determine the best way to proceed. Council w
continue to be updated on the status of these efforts as work proceeds.
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The members of the RCS and the County will need to make a decision within the ner
few months as to whether they are going to place the CSA on the ballot in June 199E
Once that is determined, Council will need to consider the available options anc
decide whether to proceed with the system implementation and, if so, how it will b(
funded.
DENNIS J. VAN DER MAATEN JAMES ELLIOTT
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RESOLUTION NO. 97-694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, 'APPROVING FIRST AMENDMENT AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND MOTOROLA, INC. FOR THE PHASE 11, PART 1 RADIO EQUIPMENT AND PAYMENT OF
NlATNTENANCE CHARGES AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the City of Carlsbad is a participating agency in the
Regional Communications System and has consented to and does
participate in County Service Area No. 135 for the payment of costs
involved in the construction and installation of the backbone system,
as well as a participant for Zone A to provide financing for
construction and acquisition of Carlsbad's local complimentary
equipment to enable it to participate in the Regional Public Safety 80(
MHz Radio System: and
WHEREAS, on November 12, 1996, the City Council of the City
of Carlsbad adopted Resolution No. 96-383 approving both the
Communications System Agreement and the Lease-Purchase
Agreement between the City and Motorola, Inc. for Phase I
equipment: and
WHEREAS, all proposed Phase 11, Part 1 equipment purchases
will be reviewed and approved by the Regional Communications
System Board of Directors or designee pursuant to the Regional
Communications System Agreement approved by the City of Carlsbad
City Council on March 21, 1995; and
WHEREAS, City of Carlsbad continues to require the services of
Motorola to provide the necessary equipment and communications
system services for acquisition and/or installation of Carlsbads
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equipment complimentary to the 800 MHz Regional Communications
System: and
WHEREAS, it is necessary and desirable to amend said
agreements to provide said Phase 11, Part 1 services and equipment:
and
WHEREAS, each participating agency must purchase radio
equipment which is compatible with said system, and pay its
contractural fair share for the maintenance of said system: and
WHEREAS, the purchase of this equipment and payment of
maintenance charges will require the appropriation of additional fund
from the sewer enterprise fund in the amount of $33,989.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, that the City of Carlsbad:
1. Approves the First Amendment to the Communications
System Agreement, dated November 18, 1997, on file in the Office
of the City Clerk, incorporated by this reference, to acquire Phase 11,
Part 1 equipment.
2. Approves the First Amendment to the Lease Purchase
Agreement, dated November 18 , 1997, on file in the Office of the
City Clerk, incorporated by this reference, to fund the Phase 11, Part 1
equipment acquired through the Communications System Agreement,
in the annual amount of $106,221.95, over a fifteen-year period (the
actual amount will depend upon the fifteen year Treasury Bill rate at
the time of approval), subject to annual appropriations therefor.
3. Appropriates funds in the amounts of $33,989 from the
sanitation enterprise fund balance to the general fund.
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4. That the Mayor is authorized and directed to execute
both Agreements on behalf of the City.
PASSED, APPROVED AND ADOFED at a regular meeting of the
Carlsbad City Council held on the 18th day of November
1997, by the following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
a41 / h& RAUkk%&&k~ Clerk (SEAL)
VbVlI I L I I - WUI\ I an# w
Date
To _. LALA &
From ~~~~ T]No Reply Necessary
0 Reply Wanted
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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND MOTOROLA FOR THE COMMUNICATIONS SYSTEM
This Amendment is entered into and effective as of the - 18th day
November , 1997 amending the Agreement dated November 12, 1996 by ai
between the City of Carlsbad, a municipal corporation, hereafter referred to as ‘‘Cit)
and Motorola, Inc., hereafter referred to as “Contractor”, for the 800 Mt
Communications System.
RECITALS
WHEREAS, the initial Agreement dated November 15, 1996 identified
scope of work related to the purchase of equipment and installation thereof with rega
to the dispatch center and microwave system; and
WHEREAS, the parties to this aforementioned Agreement desire to alt
the scope of work as follows: to provide for the purchase of Phase II, Part 1, rad
equipment; and
WHEREAS, it is now both desirable and necessary to amend sa
Agreement to provide for such equipment,
NOW, THEREFORE, in consideration of these recitals and the mutu
covenants contained therein, City and Contractor hereby agree as follows:
1. “Section 1. Motorola’s Obligations’’ of said Agreement, is ‘amend(
by the addition of a new subparagraph E to read as follows:
“E. Motorola shall furnish and/or install the radio equipment of tt
type specified at the site specified and for the amount specified in the equipment Ii
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attached to schedule A-1, dated November 18, 1997, attached to the companic
Lease- Purchase Agreement, as amended.”
2. “Section 5. Payment Schedule” of said Agreement, is amend
by amending subparagraph B thereof to read as follows:
‘rB. Purchaser shall commence making lease payments
Motorola for equipment and related services upon invoice following delivery. T,
parties anticipate such payments to be for three phases in the following approxima
amounts upon the following approximate dates:
PHASE DATE AMOUNT
I February 1 , 1997 $ 764,085.90
IVPart 1 November 18, 1997 $1,091,628
II/Part 2 October 1, 1998 $ 329,142
111 February 1 , 1999 $1,274,098”
3. All other provisions of the aforementioned Agreement not modifi
by this Amendment No. 1 remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contraci
shall include coverage for the amended scope of work.
ACKNOWLEDGED AND ACCEPTED:
CONTRACTOR
by: f- c ,
\ \ \ Lct 15 ’> DATED:
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' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Countyof 5-a~
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personally appeared -
@personally known to me - 6R - C;
hAME. TITLE OF OFFICER - E G , "JANE DOE. NOfARY PUBLIC" DATE -
NAME(S) OF SIGNER(S)
subscribed to the within instrument and a
knowledged to me tha@&dthey executc
the same in @h&#+et 'r authorizt
capacity(+, and that by mtw4t-k
signature(+ on the instrument the person+
or the entity upon behalf of which tl
personrncted, executed the instrumer
WITNESS my hand and official seal.
I U SIGNATURE OF NOTARY
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
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TITLE OR TYP OF DOCUMEN
m(S) bLmdy4w qf2k
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ATTORNEY-IN-FACT NUMBER OF PAGES
/I+ 8-97
DATE OF DOCUMENT
JbL J: !& SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IE.3)
SIGNER(S) OTHER THAN NAMED ABOVE
91993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA
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' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
NAME@) OF SIGNER(S)
personally appeared -
subscribed to the within instrument and a
knowledged to me thaWshe&q executc
the same in @het$tkw ' authorizt
capacityw, and that by@he&t+w
signature(+ on the instrument the persone
or the entity upon behalf of which tt
person++ acted, executed the instrumer
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMEN CAPACITY CLAIMED BY SIGNER
3
NUMBER OF PAGES
//-/8/97
DATE OF DOCUMENT
Lw ohm SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIPI(IES)
SIGNER(S) OT~ER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P 0 Box 7184 Cancga Park, CA
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AMENDMENT NO. 1 TO
LEASE-PURCHASE AGREEMENT
This Amendment is entered into and effective as of the - da
of November , 1997 amending the Agreement dated November 15, 1996 by an
between the City of Carlsbad, a municipal corporation, hereafter referred to as “City
and Motorola, Inc., hereafter referred to as “Contractor”, for Lease-Purchases of 80
MHz radio equipment.
18th
RECITALS
WHEREAS, the initial Agreement dated November 15, 1996 identifie1
potential multiple equipment lists to which the main terms and conditions of the Lease
Purchase Agreement would be applicable, referred to as “any Schedule A now c
hereafter attached hereto”; and
WHEREAS, the parties to the aforementioned Agreement desire to ad
an additional equipment list, Schedule A-1 in order to provide for the lease-purchasc
funding for Phase II, Part 1 800 MHz radio equipment.
NOW, THEREFORE, in consideration of these recitals and the mutu;
covenants contained herein, City and Contractor hereby agree as follows:
1. The original Lease-Purchase Agreement is amended by th
addition of a new equipment list entitled Exhibit A-1, containing the number, typr
location and cost of radio equipment to be furnished and/or installed by Motorola o
the dates therein shown, on file in the office of the City Clerk.
2. Said Agreement is further amended by the addition of a
additional Schedule B-1, setting forth payment numbers, dates and amounts wit
regard to payments for the equipment set forth on Schedule A-1, also on file in th
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office of the City Clerk. In the event City elects to use the credit facility provided for b!
paragraph 2 of the main Agreement for payment of equipment listed on equipment \k
Schedule A-1, such payments shall be made in accordance with Schedule B-1, ii
addition to other payments otherwise due under said Agreement.
3, All other provisions of the aforementioned Agreement nc
amended by this Amendment No. 1 shall remain in full force and effect.
ACKNOWLEDGED AND ACCEPTED:
CONTRACTOR
&
by: ,/AJ- r/) w/ -
DATED: t(\k&L?T
ATTEST
DATED: Q\uLh \
APPROVED AS TO FORM.
RONALD R. BALL, City Attorney “ctl-.ltlv DATE
-
by: UkL 0. RICHARD RUDOLW City Attorn
(Proper notarial acknowledgment of execution by Contractor must be attached.)
2
<< f . m e
' CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT
On d@e& Lb! f%Y7 before me, h =K- &66erf. doh p ob Ire
kAME. TITLE OF OFFICER - dG , "JANE WE, NdrARY PUBLIC"
NAMQS) OF SIGNER(S)
Rpersonally known to me - [
to be the person@+ whose name(@@&
subscribed to the within instrument and a
knowledged to me tha@kh&my executc
the same in mheHw&r authorize
capacity(w, and that by @&tht
signaturew on the instrument the persow
or the entity upon behalf of which tt
person(+ acted, executed the instrumer
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTBON OF ATTACHED DOCUMEH
0 CORPORATE OFFICER
3
m(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
/ I-?' 6-7 7
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
61 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park, CA
1 v e
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of SL 3 ww
On rid& 26 I 1447 before me, w Kc &be+, do++wq P ubirc
kAME. TITLE OF OFFICER - E 6, *JANE WE. NOTARY PUBLIC" DATE
personally appeared - s-cei/h J. pdh
@personally known to me - BR z
L
NAME(S) OF SIGNER(S)
knowledged to me that@h&bey execute
the same in OhenL-eCreiF authorizc
capacity(i@, and that by @h&%
signature(&+ on the instrument the person6
or the entity upon behalf of which tt
person(+ acted, executed the instrumer
WITNESS my hand and official seal.
SI~NATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN w#JfD-
-(S)
0 GENERAL
AlTORNEY-IN-FACT
I/Vd=- $77
DATE OF DOCUMENT
kwfy a/sm SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OT~ER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park. CA
, a 0
(President or vice-president and secretary or assistant secretary must sign fo
corporations. If only one officer signs, the corporation must attach a resolution certifiec
by the secretary or assistant secretary under corporate seal empowering that officer tc
bind the corporation.)
3
a e
ATTEST
DATED: \( \LG \5\ ALETHA RAU
~~RovED_ASOR
APPROVED AS TO FORM
RONALD R. BALL, City Attorney RIC ARD F*Ry **:
L" OROLA
by:&k u b. RICHARD RUDOLF@ City Attorney
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign '
corporations. If only one officer signs, the corporation must attach a resolution certifi
by the secretary or assistant secretary under corporate seal empowering that officer
bind the corporation.)
3
QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.)
Refer to attached Equipment List.
Equipment Location:
1
0 m ..
',
CITY OF CARLSBAD 9/30/97 Schedule "A u!
MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING
Item qtY ModeUOption Description RCS Unit Price RCS Total Price
ASTRO DIGITAL RADIOS
Mobile Radios For Fire Dept
RCS CONTRACT#43095
4 22 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 42,614.00
4a 22 133W ASTRO SPECTRA A9 35W 900MHt REMOTE 541 .OO 11.902.00 4b 22 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 9,834.00
4c 22 G114 ENH: DIGITAL ID DISPLAY 43.00 946.00
4 d 22 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 748.00
PACKAGED UNIT PRICE 3,00200
ANNUAL MAINTENANCE AGREEMENT
22 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 1,320.00
22 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 1,320.00
Portable Radios Fire Dept
34 25 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL 111 PORT 1,931 .OO 48,275.00
500.00 12,500.00 34 a 25 (2806 ASTRO DIGITAL CAI OPERATION
34 b 25 H38 ENHANCEDSMARTZONEOPERATION 695.00 17,375.00
34c 25 H14 ADD: ID DISPLAY 75.00 1,875.00
34d 25 H799 ADD SYSTEM TEST RESULT 0.00 0.00
34 e 25 H885 2 YEAR SERVICE PLAN 36.00 900.00
PACKAGED UNIT PRICE 3a7.00
Options a Accessories
39 12 NMN6193 REMOTE SPEAKER MIC 70.00 840.00
40 14 "8294 BATERY, ULTRA HI CAPACITY NICAD FM 132.00 1,848.00
41 7 "1168 CHARGER DESKTOP SINGLE UNIT 95.00 665.00
45 1 TDN9430 BAITERY MAINTENANCE SYSTEM 757.00 757.00
46 6 TDN9435 BATERY ADAPTER 31 .OO 186.00
47 8 "8382 CARRY CASE, BELT LOOP LEATHER 38.00 304.00
48 23 TDN9816 VEHICULAR EATERY CHARGER XTS3000 21 8.00 5,014.00
144 2 HOl KDH9PM-N ST1000 PROGRAMMABLE VHF PORTABLE $877 $1,754
146 2 H226 ULTRA HIGH BATTERY $23 $46
1 47 2 H437 RAPID CHARGER COMPACT $49 $98
148 2 H129 VHF ANTENNA $0 $0
1 49 2 1.1319 SWIVEL LEATHER CASE WlBELT LOOP 2.5. $32 $64
150 2 H885 EXPRESS 2 YR WARRANTY HTUT UNITS $31 $62
151 2 Q37 PROGRAMMING KEY ST 1000 $75 $1 50
Mobile Control Stations Fire
56 6 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 11,622.W
56a 6 132W 35W 800 806-870 W7 337.00 2,022.0c
-56b 6 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 2.682.0c
56 c 6 G114 ENH: DIGITAL ID DISPLAY 43.00 258.0C
56 d 6 W665 ADD: CONTROL STATION OPERATION 338.00 2,028.0C
566 6 6806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 204.0c
PACKAGED UNIT PRICE 3,136.W
6 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 360.0(
6 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 360.0(
Revised FINLPB
9/30/97
l m e ..
t
MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING
Item qty ModeUOption DescnptIon RCS Unit Pnce RCS Total Price
For use with Mobile & Desktop Stations
RCS CONTRACT#43095
ANTENNA SYSTEMS
72 120 L1702 1/2' SUPERFLEX, POLY JKT, PER FOOT 3.78 453.60
73 12 TDN8809 1/2"CONN, N PLUG S-FLEX (PLTD) 46.58 558.96
74 12 5880367821 MinWHF M TO NF 16.75 201 .oo
75 300 L1705 112" LDF HELIAX, PaLv JKT, PER FOOT 2.61 783.00
76 0 L1705 1/2" LDF HELIAX, POLY JKT, PER FOOT 2.61 0.00 n 12 TDN8814 1/2"CONNECTOR, N PLUG (PLATED) 40.50 486.00
78 12 TDN8815 1/2"CONNECTOR, N JACK (PLATED) 40.50 486.00
79 12 RRX4038A COAX PROTECTOR 76.15 913.80
80 12 TDN6673 1/2"CABLE GROUND CLAMP KIT 23.85 286.20
81 12 TDN6670 CABLE TIES, NYLON 37.35 448.20
82 6 TDF6441 YAGI ANTENNA 88.20 529.20
ASTRO DIGITAL RADIOS
Mobile Radios For Poike oept
1 24 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 46,488.00
1 a 24 129W zw 800 806-wo w3 540.00 12,960.00
1 b 24 W496 WH: REMOTE MOUNT WITH 17 FT CABLE 2!23.00 5,352.60
1 c 24 G51 ENH: ENHANCED SMARhOME OPERATlON 447.00 10,728.00
1 d 24 G114 ENH: DIGITAL ID DISPLAY 43.00 1,032.00
1 e 24 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 81 6.00
PACKAGED UNrC PRICE 39224.00
4 39 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 75,543.00
4a 39 133W ASTRO SPECTRA W9 35W 800MHZ REMOTE 541 .00 21,099.00
4b 39 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 17,433.00
4c 39 G114 ENH: DIGITAL ID DISPLAY 43.00 1,677.00
4d 39 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 1,326.00
PACKAGED UNIT PRICE 3,00200
5 4 M99DX ASTRO SPECTRA MOTORCYCLE 2,370.00 9,480.oc
5a 4 181W 15 WATT 800 806-870 W7 CONTRL HEAD 337.00 1,348.0C
5b 4 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 1,788.0C
5c 4 G114 ENH: DIGITAL ID DISPLAY 43.00 172.00
5d 4 W15 ADD: BLACK WEATHER RSM ENCLOSURE 0.00 0.00
5e 4 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 136.00
PACKAGEb UNIT PRICE 3,231.00
ANNUAL kIAIMENANCE AGREEMENT
67 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 4,020.00
67 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 4,020.00
Portable Radios Police Dept
34 108 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL 111 PORT 1,931 .OO 208,548.00
695.00 75,060.0C 34b 108 H38 ENHANCED SMARTZONE OPERATION
34c 108 H14 ADD: ID DISPLAY 75.00 8,100.M:
34 d 108 H799 ADD SYSTEM TEST RESULT 0.00 0.0c
34 e 108 H885 2 YEAR SERVICE PLAN 36.00 3,888.0C
34 a 108 Q806 ASTRO DIGITAL CAI OPERATION 500.00 ~,ooo.ao
PACKAGED UNIT PRICE 337.00
RWSed FlNLPBl
9/30/97
0 a .. '. a'
MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING
RCS COMRACT#43095
Item qty ModeUOption Descnption RCS Unit .Price RCS Total Pnce
39 20 NMN6193 REMOTE SPEAKER MIC 70.00 1,400.00
40 12 MN8294 BATTERY, ULTRA HI CAPACITY NlCAD FM 132.00 1,584.00
41 108 "1168 CHARGER DESKTOP SINGLE UNIT 95.00 10,260.00
4s 1 TON9430 BAllERY MAINTENANGE SYSTEM 757.00 757.00
46 6 TDN9435 BATTERY ADAPTER 31 .OO 186.00
47 1 NTN8382 CARRY CASE, BELT LOOP LEATHER 38.00 38.00
48 21 TDN9816 VEHICULAR BAlTERY CHARGER XTS3000 21 8.00 4,578.00
10 NAF5042 STUBBY QUARTRE WAVE ANTENNA 23.00 230.00
Options & Acu?ssorfes
Mobile Control Stations Police Oept
56 7 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 13,559.00
337.00 2,359.00
56 c 7 G114 ENH: DIGITAL ID DISPLAY 43.00 301 -00
56 d 7 W665 ADD: CONTROL STATlON OPERATION 338.00 2,366.00
56 e 7 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 238.00
56 a 7 132W 35W 800 806-870 W7
ENH: ENHANCED SMARTZONE OPERATION 447.00 3.1 29.00 56 b 7 G51
PACKAGED UNIT PRICE 3,136.00
7 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 420.00
7 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 420.00
ANTENNA SYSTEMS
For use with Mobile 6 Desktop Stations
72 140 Ll702 1/2" SUPERFLEX, POLY JKT, PER FOOT 3.78 529.20
73 14 TDN8809 lR"CONN, N PLUG S-FLEX (PLTD) 46.58 652.1 2
74 14 5880367821 MinWHF M TO NF 16.75 234.50
75 450 L1705 1/2" LDF HEUAX, POLY JKT, PER FOOT 2.61 1,174.50
76 0 L1705 1/2' LDF HEUAX, POLY JKT, PER FOOT 2.61 0.00
77 14 ~~~aai4 lFCONNECTOR, N PLUG (PLATED) 40.50 567.00
78 14 TbNUBi.5 1R"CONNECTOR. N JACK (PLATED) 40.56 567.00
79 14 RRX4038A COAX PROTECTOR 76.15 1,066.1 0
80 14 TDN6673 1ECABLE GROUND CtAMP KIT 23.85 333.90
81 14 TDN6670 CABLE TIES, NYLON 37.35 522.90
82 7 TDF6441 YAGI ANTENNA 88.20 61 7.40
DIGITAL RADIO EQUIPMENT FOR CITY WATER DEPT
ASTRO DIGITAL RADIOS
Mobile Radios For Wafer eepartment
4 39 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 75,543.00
4a 39 133W ASTRO SPECTRA A9 35W 800MHZ REMOTE 541 .oo 21,099.00
4 b 39 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 17,433.00
4c 39 G114 ENH: DIGITAL ID DISPLAY 43.00 1.677.00
4d 39 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 1,326.00
PACKAGED UNIT PRICE 3,00200
39 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 2,340.00
39 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 2,340.00
Revised FINLPBK
gam7
e e .* i," I-
MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING
Item m ModeVOpbon Description RCS Unit Price RCS Total Price
34 8 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL Ill PORT 1,931 .OO 15,448.00
34a 8 Q806 ASTRO DIGITAL CAI OPERATION 500.00 4,000.00
34b 8 H38 ENHANCED SMARTZONE OPERATION 695.00 5,560.00
%C 8 H14 0 ADD: ID DISPLAV 75.00 600.00
34d 8 H799 ADD SYSTEM TEST RESULT 0.00 0.00
34e 8 H885 2 YEAR SERVICE PLAN 36.00 288.00
Rcs WN7RACr#43095
Portable Radios Water Department
PACKAGED UNIT PRICE 3237.00
40 8 NTN8294 BATTERY, ULTRA HI CAPACITY NlCAO FM 132.00 1.056.00 45 1 TDN9430 BATERY MAINTENANCE SYSTEM 757.00 757.00
1 24 6 TDN9435 BAlTERY ADAPTER 31 .oO 186.00
131 1 NTN1177 CHARGER,ll OV MULTl RAPID 591 .00 591 .OO
SPECTRA DlGiTAL Mobile Control Stations Water
56 4 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 7,748.00
56 a 4 132W 35W 800 806-870 W7 337.00 1,348.00
56 b 4 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 1,788.00
56d 4 W665 ADD: CONTROL STATION OPERATION 338.00 1,352.00
56C 4 G114 ENH: DIGITAL ID DISPLAY 43.00 172.00
56e 4 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 136.00
PACKAGED UNIT PRICE 3,136.00
4 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 240.00
4 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 240.00
ANTENNA SYSTEMS
157 80 L1702 l/Z SUPERFLEX, POLY JKT, PER FOOT 3.70 302.40
158 8 TDN8809 1/2"CO", N PLUG SFLEX (PLTD) 46.58 372.64
159 8 5880367021 Mini/UHF M TO NF 16.75 134.00
160 250 L1705 1F LDF HEM, POLY JKT, PER FOOT 2.61 652.50
161 0 L1705 l/T LDF HELlAX, POLY JKT, PER FOOT 261 0.00
162 8 TDN8814 1/2"CO"ECTOR, N PLUG (PLATED) 40.50 324.00
163 8 TDN8815 1/2"CONNECTOR, N JACK (PLATED) 40.50 324.00
164 8 RRX4038A COAX PROTECTOR 76.15 609.20
166 8 TDN6670 CABLE TIES, NYLON 37.35 298.80
168 4 TDF6441 YAGI ANTENNA 88.20 352.80
165 8 TDN6673 IECABLE GROUND CLAMP KIT 23.85 i9o.ao
CITY OFCARLSBAD EQUIPMENT $966,012
TAX -47866
CITY OF CARLSBAD EQUIP TOTAL $I ,040,878
lNSTALlATl0NlREMOVALS $50,750
TOTAL $1,091,628
Revised FlNLPBt
9/30/97
a 0 ,.
.~ ,'I * -
11lfZl997 Page 1
. -. -. -------- -- Carlsbad , City of (Schedule B)lt)
Compound Period ........ : Annual
Nominal Annual Rate .... : 5.790 % Effective Annual Rate ... : 5.790 %
Periodic Rate .................. : 5.7900 %
Daily Rate ........................ : 0.01 586 %
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 12101/199? 1,091,628.00 1
2 Payment 02/01 /I 998 105,823.07 15 Annual 02/01 I201 2
AMORTIZATION SCHEDULE - Normal Amarkation
Balance
Loan 12/01 I1 997 1,091,628.00 1997 Tot8ls 0.00 0.00 0.00
--_ . Date - .... --....--__ . I. --- Payment Interest Principal
1 02lO1/1998 105,823.07 10,736,24 95,086.83 996,541.17
1998 Totals 405,823.07 10,736.24 95,086.83
2 02101/1999 105,823.07 57,699.73 48,123.34 948.41 7.83
1999 Totals 105,823.07 57,699.73 48,123.34
3 0210112000 105,823.07 54,913.39 50,909.68 897,508.15
2000 Totals 105,823.07 54,913.39 50,909.68
2001 Totals 105.823.07 51.965.72 53.057.35
2002 Totals 105,823.U7 40,047.38 56,975.69
4 02Kl1n001 105,823.07 51,965.72 53,857.35 843,650.80
5 0210112002 105,823.07 48,847.38 56,975.69 786,675.1 1
6 02tOll2003 105,823.07 45348.49 60,274.58 726,400.53
2003 Totals 105,823.07 45,548.49 60,274.50
7 02/01/2004 105,023.07 42.058.59 63,764.48 662,6%. 05'
2004 Totals i os,an.07 42,058.59 03.704.48
8 O2/01R005 105,823.07 38,366.63 67,456.44 595,179.61
2005 Totals 1 05,823.07 38,36663 67,456.44
9 OUo1/2006 105,823.07 34,460.90 71,362.17 523,817.44
2006 Totals 105,623.07 34'460.90 71,362.17
10 02/01/2007 105,823.07 30,329.03 75,494.04 448,323.40
2007 Totals 105,823.07 30,329.03 75,494.04
1111211997 Page 2
a e .- .'.
4:
-. --
-- Carlsbad , &-of (Schedule @) -
~ ----
Balance - Principal _- ... -*-.- _- Date Payment - interest
?? 02K)112008 105,823.07 25,957.92 79,865.1 5 368,458.25 ma8 ~otals 105,823.07 25,957.92 79.865 15
12 02/01/2009 105,823 07 21,333 73 84,480.34 283,968 91
2009 Totals 105,823.07 21,333.73 84,489 34
13 02/01/2010 105,823.07 16,441.80 89,381 27 194,587.64
201 0 Totals 105,823.07 16,447.80 09,381.27
14 02/01/2011 105,823 07 1 1,266.62 94,556.45 100,031 19
2011 Totals 105,823.07 17,266 62 94,556.45
15 02/01/2012 105,823 07 5,791 08 100,031.19 0.00
2012 Totals 105,823.07 5,791 -88 100,031.19
Grand Totals 1,587,346.05 495.71 8 05 q ,091,628.00
WITTAL INSURANCE REQUIREMENT. $1,091,628 00
Except as specifically provided III scr'lton fivc of the Lease hereof, ~cssce agrtcs to pay U, LcsEor or ~ts ;~ssrgn:ncc thc La
Paymcnts, including rhc merest poruorl, ;n thc amounts and dates specified in the above pay!" schcdulc.
LESSOR.
Motorola, Inc.
Title. V CLAUDE A. LEWIS, v- Mayor Oyd& Title.
t I) @ jq ,*? - 4:
CERTIFICATE OF INCUMBENCY
I, Aletha L. Rautenkranz do hereby certify that I am the duly elected or
appointed and acting Secretary or Clerk of the Carlsbad 9 an entity duly organized and existing
under the laws of the State of California that I have custody of the records of such entity, and
that, as of the date hereof, the individuals named below are the duly elected or appointed officers
of such entity holding offices set forth opposite of their respective names. I hrther certify that (i)
the signatures set opposite their respective names and titles are their true and authentic signatures
and (ii) such officers have the authority on behalf of such entity to enter into that certain
Equipment Lease Purchase Agreement number 20691 dated I I 1 \&'/97 , and Schedule A number
20691-A7 dated I! ! L%'/(47, between City of Carlsbad and Motorola, Inc.
(SecntarylCounty Clerk)
Name Title
Claude A. Lewis Mayor
<
IN WITNESS WHEREOF, I have executed this c rtificate d affixed the seal of A ct&&& ,heretothis 4#' dayof3d- , 1997.
By: LU-, (Signature of SecmR/Clerk)
SEAL