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<br />
<br />STATE AND LOCAL GOVERNMENT
<br />EQUIPMENT LEASE AGREEMENT
<br />
<br />COpy
<br />
<br />A-2007-009
<br />
<br />lEASE NUMBER
<br />4463716-002
<br />
<br />
<br />LESSEE FULL LEGAl NAME
<br />
<br />
<br />City of Santa Ana
<br />
<br />NUMBER OF REtfr
<br />PAYMENTS (IN ORDER)
<br />
<br />RENT
<br />
<br />TRADE NAME
<br />
<br />DlB/A(IFANY)
<br />
<br />"
<br />
<br />$411.:36
<br />
<br />FEDERAl TAX 10
<br />
<br />PRIMARY ADDRESS (NUMBER AND STREET)
<br />
<br />Purchasing Div; M~16; PO Box 1988,20CivicC~nter Plaia
<br />Santa Ana CA 92702 Orange
<br />
<br />
<br />TELEPHONE NUMBER
<br />
<br />FACSIMILE NUMBER
<br />
<br />lEASE TERM
<br />
<br />"
<br />
<br />FREQUENCY OF RENT
<br />PAYMENTS
<br />@ MOHTllLY
<br />GOTHER:
<br />
<br />(IN MONTHS):
<br />
<br />ADVANCE RENT
<br />
<br />PURCHASE OPTION AT
<br />END Of LEASE TERM:
<br />
<br />.FMV
<br />
<br />Cai"lonlmageRunnei 6570, 11 Finisher, Fax; Unlversa Send, Send ehancemei'lI,PDL
<br />
<br />.DANCA
<br />
<br />Danka Financial Services
<br />1010 Thomas Edison Blvd SW
<br />Cedar Rapids, IA 52404
<br />Ph: 800-472-7785
<br />
<br />We have written this Lease In plain language because we want you to understand its tenns. Please read your copy of this Lease carefully and feel free to ask us any
<br />questions you may have. The words "you" and ''your'' mean the Lessee named above. The words "we," "us," and "our" refer to the Lessor named below.
<br />
<br />TERMS AND CONDITIONS
<br />
<br />1. lEASE. Subject to the terms of this lease, you agree to lease from us the Equipment described above when we accept this lease. You agree to be bound by all the terms of this lease.
<br />2. DEUVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance ofthe Equipment occurs upon delivery, Whenyou receive the Equipment, you agree to inspect itand to verily by telephone or in writing
<br /> such information aswe may require.
<br />Delrveryandinstallalioncostsareyourresponsibility, lfyousignedapurchaseconlraclfortheEquipmenl,bysigningthisleaseyouassignyourrights,butnorJeofyourobligationsunderthepurchasecontract,tous.
<br />3. RENT. You agree to pay us Rent (plus applicable lalIes) when each payment is due, and in the amount stated above. If your Rent payments are due in Advance, yourlirst Rent paymenUs
<br /> dueoo the date you accept the Equipment under
<br />the lease. Wewill adviseyou as to (a) the due date of each Rent paymeflt, and (b) !headdress tov.fJich you must send your payments. Rent is due whether or not you receivean invoice from
<br /> us. Youwill pay usany required Advance Rentor Security
<br />Depositwhen you sign this lease. SecurityDepositsor Ad\lllnce Rents may be commingled and do noteam interest. Provided you are not in default, we mayapplyyourSecurity Depositto the last
<br /> Rent paymentor to your purchase option orwe may
<br />refund the Security Deposit to you when the lease Term expires and the Equipment is returned in accordance with Section 17. If we collect more than one paymentas Advance Rent, we may
<br /> apply suchAdllllnce Rent tothe last Rent payment. You
<br />authorize us to change the Rent by not more than 15% due to changes in the Equipment configuration which may occur Pfiortoour acceptance of this lease. Restrictiveendorsements on checks
<br /> you send to us will not redl.lte yourobligalions to us.
<br />Unless a proper exemption certiflCatelsprovided,appllcablesalesand use taJes will bead ded to lhe Rent.
<br />4. NON-APPROPRIATION OF FUNDS. You intend to remit all Renl and other payments to us for the full lease Term iffunds are legally available, In the event youare not granted an approprialion
<br /> offunds al anytime during the lease Term
<br />for the Equipmentsubject to this lease orforequipmentv.tJich is functionally similar to the Equipmenl and operating II.N1ds are not otherwise available to you to pay the Rent and other
<br /> payments due and to berome due under this lease, and there is
<br />noolherlegal procedure or avaiiable funds byorwithwhich paymentcan be madetous, and theoon-appropriationdid not resultfroman actor omission byyou, youshall have the rightto return the
<br /> Equipment inaccoroancewith Section 17 of this Lease
<br />andterminatethisLeaseonti'oelastdayofthefiscalperiodlorv.tJichapproprlationswerereceivedWithoutpenaltyorexi>9nsetoyou,exceptastotheportionofRentforwhichfurJdsshallhavebeenapproprlatedandblldgeted.Atl
<br />eastthirty(30)days
<br />priortotheendofyourfiscalyear,yourchiefexecutiveofficer(orlegalcounsalshallcertilyinwritinglhat(alfundshavenotbeenappropriatedfortheupcomingflSC8lperiod,(b)suchnon-appropriationdidllOtresultfromanyac
<br />torfalluretoactbyyou,
<br />and (el you have exhausted all funds legally available forthe paymentofRent. If you terminate this lease because of nOrJ-appropriation offunds, you may not purchase, lease or rent, equipment
<br /> performing functions similar to those performed by the
<br />Equipmentfora i>9riod oflwelve (12) months as measuredfrom theeffective dateof such termination. This Section 4 shall not perm~you to terminate this lease inordertoacquireanyolller Equipmentortoalloc
<br />atefunclsdirectlyor indirec~yto perform
<br />essentiallytheapplicationforwhichtheEquipmentisintended.
<br />5. UNCONomONAlOBlIGATION. YOUAGREETHATYOUARE UNCONDmONALl YOBLIGA TEDTO PAY AllRENT ANDANY OTHERAMOUNTSDUE UNDERTHIS lEASEFORTHEFUlllEASETERMEVEN IFTHE EQUIPMENT
<br />IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF YOU HAVE TEMPORARY OR PERMANENT lOSS OF ITS USE. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST RENT OR OTHERAMOUNTS DUE UNDER THIS
<br />lEASE FORAHY REASON WHATSOEVER.
<br />6. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING lEASED TO YOU IN AS-IS CONDITION. ANY CHANGE TO THIS lEASE MUST BE MUTlJAllY AGREED TO IN WRITING. YOU AGREE THAT WE HAVE NOT
<br />MANUFACTURED THE EQUIPMENT AND THATYOU HAVE SELECTED THE EQUIPMENT BASEDUPON YOUR OWN JUDGMENT. YOU HAVE NOTRELIEDONANY STATEMENTSWE OR OUR EMPLOYEES HAVE MADE. WE HAVE NOT
<br />MADEAND DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS ORWARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMIT ATION, THE EQUIPMENT'S MERCHANTABIUTY, FITNESS FORA PARTICULAR PURPOSE,
<br />SUITABILITY, DESIGN, CONDITION, DURABIUTY, OPERATION, QUAlITYOF MATERIAlS ORWDRKMANSHIP, OR COMPLIANCE WITH SPECIFICA TIONSORAPPlICABlE LAW. You are aviareofthe name ofthe Equipment
<br /> manufacturer
<br />and you will contactthe manufacturerfor a description of yourwamlllty rights. llthe manufacturer has provided us with a warranty, we assign our rights to such W8mlnty to you and you
<br /> may enforce all warranlyrlghts directly againstthe manufacturer
<br />of the Equipment You agreeto settle anydispule you may have regarding performance orthe Equipment directly with the manufacturerof the Equipment
<br />7. TITl.EAHD SECURITY INTEREST. The Equipment is and shall remain our sole property during the lease Term. Unless you are in default under this Lease, you shall have the right to peacefully
<br /> possess and use the Equipmentduring
<br />the lease Term. Tosecureallofyourobligationstousunderthisleaseyouherebygrantusasecurilyinlerestin(altheEquipmenttotheextentofyourinterestsintheEquipmenl.(b)anythingattachedoraddedtolheEquipmenlalanyt
<br />ime,(c)any
<br />money or properly from the sale of the Equipment, and (d) any money from an insurance oaim if the Equipmenl is lost or damaged. You agree that the security inlereslwill oot be affected
<br /> if this lease is changed in anyway. You hereby appoint us
<br />(orouragenll asyourtrue andlawfui attorney-in-fact to affix your signature to UCC financing stalements prepared andfiled on yourbehalfbyus(or ouragent)with thesame force and el/ectas
<br /> if you hadsignedsuch financing statements. Ifwe request,
<br />you agree to s~n financing statements in order for us to publiciy record au! security interest. Thls Lease or a copy of this lease shall be sufficienl as a financing statement and may
<br /> be filed as such.
<br />B. USE, MAlNTENANCEAND REPAIR. Youwiil notmove the Equipmentfrom the EquipmenlLoca~onwithoutourad\lllnce written consent. Youwiil give us reasonabJe access to lhe EquipmentLocatioo solhalwecancheck
<br /> the Equipmenfs
<br />existence, condition and proper maintenance. Youwill usethe Equipmerltinthemannerforwhich ilwas inlended, as requiredbyall app~cable manuals and instructions and keep iteJigibleforanymanufacturer'sce
<br />rtificafion andlorstandard, fullservioe
<br />maintenance contract. Atyourown costandexpense, youwill keep the Equipmentingood repair, condi~on andworking order,ordinarywearand tearexcepted.AII replacementpartsand repairswili Oecomeour
<br /> properly. You will not makeanypermanenl
<br />alteratioostotheEquipment.
<br />9. TAXES. You agree that you will pay lJS, when invoiced, all taxes (inciuding any saies, use and personal properly taxes). fines, interest and penalties relating to this lease and the
<br /> Equipment (excluding taxes based on our net income). We
<br />do not have to conlestanytaxassessments. You hereby acknowledge and agree that (1)we will be the ownerof the Equipmenllhroughout the lease T arm and wiil be assessed personal Pfoperly
<br /> taxes, and (2) notwithstanding the lact that you may
<br />be exempt from the payment of pe1Wnal properly taxes, you hereby agree, al our option, to eJther{a) reimburse usannually forall personal properly !axes which we may be requirel:l to
<br /> pay as the owner of the Equipment, or (b) remit to lJS each month
<br />ourestimaleofthemonthiyequiva!entoftheannualpersonalpropertytaxestobeassessedagainsltheowneroflheEquipment.
<br />
<br />Danka2OCi(b)(SlG)(6IOO)
<br />
<br />SIGNER'S INITIALS (REQUIRED)
<br />
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