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HOLMAN CAPITAL CORPORTAION
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Last modified
4/25/2018 3:29:45 PM
Creation date
4/25/2018 3:09:01 PM
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Contracts
Company Name
HOLMAN CAPITAL CORPORTAION
Contract #
A-2018-094
Agency
Finance & Management Services
Council Approval Date
4/3/2018
Expiration Date
7/3/2029
Destruction Year
2034
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Schedule B: <br />Payment Request Form No. [I <br />CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST <br />The following payment request is directed to Signature Bank (the "Escrow Agent"), as escrow <br />agent under that certain Escrow Deposit Agreement dated April 6, 2018 (the "Escrow Agreement"), <br />between the City of Santa Ana ("Lessee"), Signature Public Funding Corp. ("Lessor"), and the Escrow <br />Agent. <br />The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained <br />under the Escrow Agreement the amount set forth below to the named payee(s). The amount shown is due <br />and payable under a purchase order or contract (or has been paid by and not previously reimbursed to <br />Lessee). The equipment described below is part or all of the Equipment purchased pursuant to Equipment <br />Schedule No. 001 dated as of April 6, 2018 to that certain Equipment Lease -Purchase Agreement dated as <br />of April 6, 2018 (collectively, the "Lease "), between Lessor and Lessee: <br />DESCRIPTION OF <br />QUANTITY UNITS OF EQUIPMENT AMOUNT PAYEE <br />Lessee hereby certifies and represents to and agrees with Lessor as follows with respect to the <br />Equipment described above: (i) the Equipment has been delivered to the location(s) set forth in the Lease; <br />(ii) a present need exists for the Equipment, which need is not temporary or expected to diminish in the <br />near future; (iii) the Equipment is essential to and will be used by Lessee only for the purpose of performing <br />one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority; <br />(iv) the estimated useful life of the Equipment based upon the manufacturer's representations and Lessee's <br />projected needs is not less than the term of the Lease; (v) Lessee has conducted such inspection and/or <br />testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the <br />Equipment for all purposes as of the date of this Certificate; (vi) the Equipment is covered by insurance in <br />the types and amounts required by the Lease; (vii) no default, Event of Default or Event of <br />Nonappropriation, as those terms are defined in the Lease, and no event that with the giving of notice or <br />lapse of time or both, would become a default, Event of Default or an Event of Nonappropriation, has <br />occurred and is continuing on the date hereof, and (viii) sufficient funds have been appropriated by Lessee <br />for the payment of all rental payments or other amounts due under the Lease during Lessee's current Fiscal <br />Year. <br />Based on the foregoing, the Escrow Agent is hereby authorized and directed to fund the acquisition <br />of the Equipment set forth above by paying, or causing to be paid, the manufacturer(s)/vendor(s) the <br />amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in <br />accordance with its terms. <br />The following documents are attached hereto and made a part hereof: (a) Original Invoice(s) and <br />(b) Copies of Certificate(s) of Ownership, designating Lessor as legal owner, and evidence of filing. <br />[Remainder of page intentionally left blank] <br />
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