96-0909_A T & T_Purchase Agreement1_=
AM LEAS
Capital Corporation
TO OUR VALUED CUSTOMER: Thjs Lease has been written in "Plain English" When we use the words you and yourIT this Leasewe mean you,
our cuatolser, which is the Lsesee indicaleci below When we use the wads we and sur in tNs Lease, we mean the Lesser, AT&T Crest)
Cerporathm, Our address Is 2 GetohnN Drive, Parsippany, New Jersey 07054. Phone 1.600.327.6676.
CUSTOMER Lessee Name Tax ID k
INFORMATION64 h ° (15,0'7
Billing Street Address/Cit my/State/Zip ^ / JL LPhone No. Lease k
INFORMATION
EOUIPMENT Quantity Make/Model \ n Serial N mber
A
DESCRIPTION C 2 i &I EJ�� L V4 (t ilii u' & Bim:/ rJ r -1 , f dLW ({� r L C L
END OF LEASE
(Cheek one applicable box. If nol is checked, or if more than one box is checked, the Fair Market Value Purchase Option will apply.)
�
PURCHASE
Fair Market Value Purchase Option
evidence of your exemption.
< m
1, LEASE; DELIVERY AND ACCEPTANCE. you agree to lease the equipment described above (collectively, "Equipment") on the terms and conditions shown
O Fixed Price Purchase Option of $
on the front and back of this lease agreement ('Lease-) If you have entered into any purchase or supply contract ("Supply Contract-) with any Supplier you assign
i
OPTION
❑ Fixed Price Purchase Option of
% of the Total Cash Price.
a `
TERM AND
Lease Term (Months)
33
Lease Payment
J� ii L/• G3
Documentation Fee
you a Tee to
g pay at the time you sign this Lease:
LEASE PAYMENT
Payments will be due on the day of each subsequent month (or such other time period specified above) designated by usyou will make all payments required un-
Mos. (5 � )Total Advance Lease
Payment. If more than one Lease Payment is required
so i W
I i 0 i
SCHEDULE
Additional Provisions
the estimated Total Cash Price. If any Lease Payment or other amount payable to us is not paid within 10 days of its due date, you will pay us a late charge equal to
in advance, the additional amount will be applied at the) A r
thegreater of (1) 5% of each late payment or (ii) $3.00 for each late payment (or such lesser amount as is the maximum amount allowable under applicable law)
(NOTE: Additional terms and conditions are on the back. State and local government lessees must sign an addendum.)
end of the original term.
i
INSURANCE
You are required to provide and maintain Insurance related to the inqulpment, and to pay any property, use and other taxes related to this
Lease or the Equipment. (See Sections 4 and 6 on the back of this Lease.) If you are tax-exempt, you agree to furnish us with Satisfactory
& TAXES
evidence of your exemption.
TERMS AND
1, LEASE; DELIVERY AND ACCEPTANCE. you agree to lease the equipment described above (collectively, "Equipment") on the terms and conditions shown
on the front and back of this lease agreement ('Lease-) If you have entered into any purchase or supply contract ("Supply Contract-) with any Supplier you assign
CONDITIONS
to as your rights under such Supply Contract, none at your obligations (other than the obligation to pay for the Equipment if it is accepted by you as stated below
and you timely deliver to us such documents and assurances as we request). If you have not entered into a Supply Contract, you authorize us l0 enter into a Sup-
ply Contract on your behalf. You will arrange for the delivery of the Equipment to you. When you receive the Equipment, you agree to aspect It to determine if It is in
good working order This Lease will begin on the date when the Equipment is delivered to you and the Equipment will be deemed Irrevocably accepted by you upon.
a) the delivery to us of a signed Delivery and Acceptance Certificate (if requested by us) or of 10 days after delivery of the Equipment to you if previously you have
not given written notice to us of your non-acceptance The first Lease Payment is due on or before the date the Equipment is delivered to you. The remaining Lease
Payments will be due on the day of each subsequent month (or such other time period specified above) designated by usyou will make all payments required un-
der this Lease to us at such address as we may specify in writingyou authorize us to adjust the Lease Payment by not more than 15% if the Total Cash Price (which
is all amounts we have paid In connection with the purchase, delivery and installation of the Equipment, including any upgrade and buyout amounts) differs from
the estimated Total Cash Price. If any Lease Payment or other amount payable to us is not paid within 10 days of its due date, you will pay us a late charge equal to
thegreater of (1) 5% of each late payment or (ii) $3.00 for each late payment (or such lesser amount as is the maximum amount allowable under applicable law)
(NOTE: Additional terms and conditions are on the back. State and local government lessees must sign an addendum.)
BY SIGNING THIS LEASE: (1) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE FRONT AND BACK
OF THIS LEASE, (11) YOU AGREE THAT THIS LEASE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL, YOU HAVE AN UNCONDITIONAL 01
LIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS LEASE, AND YOU CANNOT WITHHOLD, SETOFF OR REDUCE SUCH PAYMENTS FOR ANY REA-
SON, (III) YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES, (N) YOU WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS
THE AUTHORITY TO DO SO AND TO GRANT THE POWER OF ATTORNEY SET FORTH IN SECTION 7 OF THIS LEASE, (v) YOU CONFIRM THAT YOU DECIDED
TO ENTER INTO THIS LEASE RATHER THAN PURCHASE THE EQUIPMENT FOR THE TOTAL CASH PRICE, AND (v6 YOU AGREE THAT THIS LEASE WILL
BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE.
YOU AND WE EXPRESSLY WANE ANY RIGHT TO A TRIAL BY JURY.
Citv of
rill xaul�__
Authorizetl Signature
,iMaftzed ,Management Analyst II
riot Name &Tide Date
PERSONAL AND CONTINUING
Lf Cre Corporation
Lessor It
X
Authorized Signature
Print Name A Title Date
THIS PERSONAL AND CONTINUING GUARANTY CREATES SPECIFIC LEGAL OBLIGATIONS. When we use the words yid and yaw, in this Personal and Con-
tinuing Guaranty we mean the Personal Guarantogs) Indicated below. When we use the words, we, vat antl w In this Personal and Continuing Guaranty, we mean the Lessor Indicated
in the lease agreement identified above (-Lease-)
in consideration of our entering into the Lease, you unconditionally and urewcably guarantee to us, our successors and assigns the prompt payment and performance of all obligations
I'Guaanteed Obhgalmi untler as Lease and any and 2)I cm. lease agteamenta between us and the ru ssee,de"li ed in the Leese above You agree that this a a guaranty pl pay-
ent and not of collection. and that we can proceed directly against you without first proceeding against the Lessee or against the equipment covered by the Lease or any other collat-
e al You waive as defenses andnotices, including those of protest presentment and demand. You agree that we can renew. extend or otherwise modify the terms of the Lease and you
will be bound by such changes If the Lessee defaults under any lease agreement with us. you will immediately perform all of the Guaranteed Obligations. including, but not limited to.
paying all amounts due under the Lease You will pay to us all expenses (Including attorneys fees) incurred by us In enforcing our rights against you or the Lessee. This Is a continuing
guaranty that shall not be revoked or terminated by you so long as any amount Is Owed to us under any lease agreement, will not be discharged or affected by your dawn and will bind
your heirs and personal representatives You waive any right to seek repayment from the Lessee in the event you must pay us- If more than one personal guarantor has Signed this Per-
sonal and Conhnumg Guaranty. each of you agree that your liability Is joint and several. You authorize us or any of our affiliates to obtain credit bureau reports regarding your personal
credit and make other credit Inquiries that we determine are necessary on an ongoing basis so long as the Guaranteed Obligations are outstanding.
THIS PERSONAL AND CONTINUING GUARANTY IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. YOU CONSENT TO THE JURISDICTION OF ANY
COURT LOCATED WITHIN THAT STATE. BOTH YOU AND WE EXPRESSLY WANE ANY RIGHT TO A TRIAL BY JURY.
X
u Personal Guarantor (no title)
INulll )III III I� Print Name Date
N LA Home Street Address/City/State2ip
xial ecunry umber one No. -
x
Personal Guarantor (no title)
Home Street Address/City/ tate2ip
Social Security Number Phone No.
Capital Corporation STATEAN OCAL GOVERNMENT
TRUE LEASE ADDENDUM
CUSTOMER Lessee Name n �"
INFORMATION (-f 7 4� d
This Addendum supplements the provisions of the Lease Agreement identi-
fied by the Lease Number and Schedule Number specified above ("Lease").
You and we make this Addendum an integral part of the Lease. Capitalized
terms used in this Addendum that are not defined will have the meanings
specified in the Lease, It there is any conflict between the Lease and this
Addendum, then this Addendum will control and prevail.
1. Funding Intent. You hereby select the Fair Market Value Option on
this face of this Lease, and you reasonably believe that funds can be
obtained sufficient to make all Lease Payments and other payments
during the term of this Lease. You agree that your chief executive or
administrative officer (or your administrative office that has the responsibility
of preparing the budget submitted to your governing body, as applicable) will
provide for funding for such payments in your annual budget request submit -
red to your governing body. If your governing body chooses not to appropn-
ate funds for such payments, you agree that your governing body will evi-
dence such nonappropriation by omitting funds for such payments due during
the applicable fiscal period from the budget that it adopts. You and we agree
that your obligation to make Lease Payments under this Lease will be your
current expense and will not be interpreted to be a debt in violation of applic-
able law or constitutional limitations or requirements. Nothing contained in
this Lease will be interpreted as a pledge of your general tax revenues, funds
or moneys.
2. Nonappropriation of Funds. If (a) sufficient funds are not budgeted or
appropriated and budgeted by your governing body in any fiscal period for
Lease Payments or other payments due under this Lease, and (b) you have
exhausted all funds legally available for such payments, then you will give us
written notice and this Lease will terminate as of the last day of your fiscal
period for which funds for Lease Payments are available. Such termination is
without any expense or penalty, except for the portions of the Lease
Payments and those expenses associated with your return of the Equipment
in accordance with this Lease for which funds have been budgeted or appro-
priated or are otherwise legally available, You agree that, to the extent per-
mitted by law, (a) you will not terminate this Lease if any funds are appropri-
ated by you or to you for the acquisition or use of equipment or services
performing functions similar to the Equipment during your fiscal period in
which such termination would occur and (b) you will not spend or commit
funds for the acquisition or use of equipment or services performing functions
similar to the Equipment until the fiscal period following the fiscal period for
which funds were first not available for the Lease Payments.
X Ccitty�/ of �San
J�uanCapistrano
Authorized Signature
X Mary Laub, Management Analyst II
Print Name & Title
xSeptember 9, 1996
Date
CERTIFICATION
a resident of
Lease 4
3. Authorization and Equipment Use. You represent and agree that: (a)
you are a State ora political subdivision or agency of a State; (b)the entering
into and performance of this Lease is authorized under your State laws and
constitution and does not violate or contradict any judgment, law, order, or
regulation, or cause any default under any agreement to which you are a
parry; (c) you have complied with all bidding requirements and, where neces-
sary, have property presented this Lease for approval and adoption as a valid
obligation on your part: (d) you have sufficient appropriated funds or other
moneys available to pay all amounts due under this Lease for your current
fiscal period; (e) the use of the Equipment is essential for your proper,
efficient and economic operation, you will be the only entity to use the
Equipment during the term of this Lease and you will use the
Equipment only for your governmental purposes. Upon our request, you
agree to provide us with an opinion of counsel as to clauses (a) through (d)
above, an incumbency certificate, an essential use letter as to clause (e)
above, and any other documents that we request, with all such documents
being in a form satisfactory to us.
4. Insurance. You agree to provide and maintain at your own expense (a)
property insurance against the loss, theff, destruction of, or damage to, the
Equipment for its full replacement value, naming us as loss payee, and (b)
public liability and third parry property insurance, naming us as an additional
insured, You will give us certificates or other evidence of such insurance on
the Commencement Date of this Lease, and at such times as we request. All
insurance obtained from a third party insurer will be in a form, amount and
with companies acceptable to us, and will provide that we will be given 30
days' advance notice of any cancellation or material change of such insur-
ance. This Section 4 replaces the Section of this Lease entitled "Insurance
5. Indemnification. With respect to any claims, actions, or suits that are
made against us as a result of your actions, inactions, negligence or willful
misconduct (Claims), to the extent permitted by law, you agree to reimburse
us for, and if we request, defend us against, any such Claims. This Section 5
replaces the Section of this Lease entitled "Indemnification".
6. Leasing Additional Equipment. The Section of this Lease. entitled
"Leasing Additional Equipment', is deleted m its entirety.
7. Choice of Law. Regardless of any conflicting provisions in this Lease.
THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE IN
WHICH YOU ARE LOCATED.
AT&T CREDIT CORPORATION
Lessor
Authorized Signature
Print Name & Title
DO HEREBY CERTIFY that I am the
in the State of
the Lessee identified above, which is a State or a political subdivision or agency, duly organized and existing under the laws of the
of
State of( tale) ; and that I have custody of the records of Lessee; and, as of the date set forth below,
is the of Lessee and is duly authorized to
(Name of Authorized Signatory of Lessee) (rile)
execute and deliver the Lease (including this Addendum) and all related documents, in the name and on behalf of Lessee.
IN WITNESS WHEREOF, I have hereto set my hand and affixed the seal of Lessee this day of
emnere signature
IINNNNI�NNN -SEAL-
CNT
ADDENDUM TO:
CONTRACT NO:
0
0
BUSINESS PRODUCT PURCHASE AGREEMENT
Serial # BPA -I--0025269.
AT&T, Lucent Technologies Inc. and you, the customer, agree that this Addendum
modifies the above -referenced Agreement ("Agreement").
Notwithstanding anything to the contrary in the attached agreement, you are
entering into an agreement with Lucent Technologies Inc., a subsidiary of AT&T,
not with AT&T Corp. Lucent Technologies Inc. is the equipment company formed
as a result of the restructuring announced by AT&T on September 20, 1995, whose
assets, as of February 1, 1996, include the former Network Systems, Global Business
Communications Systems, Microelectronics, Consumer Products, and Bell
Laboratories divisions of AT&T.
THE AGREEMENT AS SUPPLEMENTED BY THIS ADDENDUM,
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH
RESPECT TO THE PRODUCTS AND/OR SERVICES PROVIDED AND
SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, AND
COMMUNICATIONS BETWEEN THE PARTIES AND UNDERSTANDINGS,
WHETHER WRITTEN OR ORAL.
CUSTOMER
(Signature)
1 MARY L4M
(Typed or Printed Name)
D. MAMGEMENT ANALYST II
(Title)
�SEPTEMMER 9, 1996
(Date)
LUCENT TECHNOLOGIES, INC.
(Signature)
(Typed or Printed Name)
(Title)
(Date)
I - ;
— AT&T Bus fss Product Purchase AgreMent GB294)19c
E49 Ipment and Service Order m
Customer Name
City Of San Juan
AT&T
Appro>amate InstaL7Deliv. Date
Billing Address
32400 Paseo Adalante
AT&T Contact
Michelle E. Nalbandian
City State Zip
San Juan Cap CA 92675
AT&T Telephone No.
714-757-6577
Customer agrees to pay
$ -0 00 prior to system
delivery as an advance payment.
Customer Identification Number
018 476 0262
Branch Code
GBGMIIOS
LEASE FINANCING NOTICE -.Third -party leaseffinancing of Products acquired under this Agreement may require
Customer to transfer Customer's ownership of Products to the lessor and Customer (the lessee) may only have th
right to repurchase the products at the end of the lease term, e.g., for the product's fair market value.
Financed Purchased Yes ❑ No M
Service Protection Plan (SPP)
Duration 3 Years Months
Monthly Payment Plan $ 0.00 Per Mo
Pre -Payment Plan $ 2,814.07Total Amt. Du
Oty.
SYSTEM SPECIFICATIONS
DESCRIPTION
PEC Code
Contract Sheet Calculations
Product Installation SPP Charge
1
UPGD SIZE 301-1
1264-012A
$480.00
$0.00
$0.00
1
G3SV1-V3PPJG38IV4
1264-458
$2,080.00
$265.00
$0.00
1
G3SV1.G3S 386 CARTRIDGE UPGRADE
63345
$960.00
$1,095.00
$0.00
10
DCP EXTNDR-REMOTE
2174 -RSM
$12,000.00
$1,900.00
$0.00
1
16 PORT DCP 2 WIRE
63841
$3,280.00
$105.00
$972.32
5
DCP EXTNDR-PBX MOD
2174 -PSB
$6,000.00
$800.00
$1,303.05
10
8410 DIG VOICE TERM W/DIS-WHT
3235-05B
$4,080.00
$580.00
$538.70
New Wire Runs 0 Qty. AT&T Installation Refurbished ❑ Yes ® No
W... a,m. 0 nw YesM Non Product M" Remarkel
PROVISIONS:
Required S.C. Time billed at $120 per hour
$36,439.07
Required Technician time billed at $87 per hour for cross -connects. Shipping Charge $19.25
Other Charges or
Credal $0.00
Taxes
Grand Total Not $38,458.32
Included
YOUR SIGNATURE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND EACH OF THE TERMS AND CONDITIONS ON THE ATTACHED
GBCS 119D (2.94) SERIAL NUMBER BPA -1-0025269 INCLUDING THE LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY. THESE TERMS AND CONDITIONS WILL ALSO APPLY TO ANY SUBSEQUENT ORDERS, ORAL OR WRITTEN, ACCEPTED
BY AT&T. YOUR SIGNATURE ALSO AUTHORIZES AT&T TO REQUEST CREDIT INFORMATION FROM ANY CREDIT REPORTING AGENCY OR
Customer y
By:
(Authorized Customer Representative's Signature) (Date)
Mary Laub
(Typed or Printed Name)
Management Analyst II
(Title)
32400 Paseo Adalante 32400 Paseo Adelanto
(Product Location Address)
San Juan Cap CA 92675
(City) (State) (Zip)
Page 1 of
American Telephone and Telegraph Company
Accepted by:
(Authorized Signature)
(Typed or Printed Name)
1371 Reynolds Ave. Suite 100
(AT&T Address)
Irvine CA 92714
(City) (State) (Zip)