R2013-07 AUTHORIZING CITY MANAGER TO ENTER INTO A LEASE PURCHASE NINE 2012 CHEVROLET IMPALA POLICE PURSUIT VEHICLES

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Section 4.05 Non-appropriation. In the event sufficient funds shall not be appropriated for the Rent Payments required to be paid in the next occurring Renewal Term,and if Lessee has no funds legally available for Rent Payments from other sources, then Lessee may terminate this Agreement at the end of the Original Term or then current Renewal Term, and Lessee shall not be obligated to make payment of the future Rent Payments. Lessee agrees to deliver notice to Lessor of such termination at least ninety (90) days prior to the end of the then current Term. If this Agreement is terminated under this Section, Lessee agrees, at Lessee's cost and expense, peaceably to deliver the Property to Lessor at the location specified by Lessor. Lessee agrees that it shall not, until the date on which the Full Lease Term would have ended, expend any funds for the purchase or use of Property similar to or in substitution for the Property. ARTICLE V: TITLE TO PROPERTY,• SECURITY INTEREST. Section 5.01 Title to the Property. During the term of this Agreement, title to the Property and any and all modifications shall vest in Lessee, subject to the rights of Lessor under this Agreement. No modification of the Property shall be made without Lessor's prior written consent. In the event of default as set forth in Section 11.01 or non-appropriation as set forth in Section 4.05, title to the Property shall immediately vest in Lessor, and Lessee will, upon Lessor's reasonable request, surrender possession of the Property to Lessor. Lessee, irrevocably, hereby appoints Lessor (and all persons designated by Lessor) as Lessee's true and lawful attorney (and agent-in-fact) with power, at such time of default or non-appropriation or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee's or Lessor's name, to endorse the name of Lessee upon any Bill of Sale or other document relating to the Property in order to vest title in Lessor and transfer possession to Lessor. Section 5.02 Security Interest. To secure the payment of all Lessee's obligations under this Agreement, Lessee grants to Lessor a security interest constituting a first lien on the Property and on all additions, attachments, accessions and substitutions thereto, and on any proceeds therefrom. Lessee agrees to execute such additional documents, including financing statements, certificates of title affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its or any assignee's security interest in the Property. ARTICLE VI: MAINTENANCE,• MODIFICATION• TAXES,• INSURANCE. Section 6.01 Maintenance of Property by Lessee. Lessee agrees that during the Lease Term Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the Property in good repair, working order and condition, and will from time to time make or cause to be made all necessary repairs, replacements and modifications. If requested by Lessor, Lessee will enter into a maintenance contract at Lessee's expense for the Property with Vendor or such other firm as Lessee may choose with the written approval of Lessor. Section 6.02 Taxes, Other Governmental Charges and Utilily Charges. The Property will be used for a governmental or proprietary purpose of Lessee and, therefore, the Property is 4