Laserfiche WebLink
INSURANCE NOT ON FILE <br />WORK MAY I~QI PROCEED <br />CLERK OF COUNCIL <br />DATE: ~-~~"0~ ADDENDUM TO EQUIPMENT LEASE AGREEMENT <br />THIS ADDENDUM TO EQUIPMENT LEASE AGREEMENT is made MARCH 29, 2007, by <br />and between, SANTA ANA, CITY OF, as Lessee, and DANKA OFFICE IMAGING COMPANY <br />dba DANKA FINANCIAL SERVICES, as Lessor. <br />BACKGROUND <br />A. By that certain Equipment Lease Agreement, 4463716-002 dated <br />2007, by and between Lessor and Lessee, Lessor has agreed to <br />extend financing to Lessee upon and subject to the terms and conditions set forth in the <br />Equipment Lease Agreement ("Lease"). <br />B. Lessor and Lessee desire to amend the terms and conditions of the Lease, upon and subject <br />to the terms and conditions of this Addendum. <br />C. All capitalized terms not otherwise defned herein will have the meanings set forth in the <br />Lease. <br />NOW, THEREFORE, in consideration of good and valuable consideration, the parties intending to <br />be legally bound agree as follows: <br />1. EFFECT OF HANDWRITTEN CHANGES. The Parties to the Lease acknowledge and <br />agree that none of the hand-written (or typed, as the case may be) additions or deletions to the <br />text of the terms and conditions of the Lease shall be enforceable. Each of the provisions in the <br />Lease, as originally pre-printed on the front andlor back (or Pages 1 and/or 2) of the Lease, shall <br />remain in full force and effect, except to the extent expressly set forth herein. <br />2. RENT. The third to last sentence of Section 3 of the Lease which reads "You authorize <br />us to change the Rent by not more than 15% due to changes in the Equipment configuration <br />which may occur prior to our acceptance of this Lease' shall be deleted in its entirety. <br />3. INSURANCE. Section 13 of the Lease shall be deleted in its entirety and replaced with <br />the following: <br />"13. INSURANCE. You agree to either (a) self-insure against (i) all risks of <br />physical loss or damage to the Equipment for its full replacement value, and (ii) <br />personal injury and damage caused by the Equipment; or (b) keep the <br />Equipment insured against alt risks of physical loss or damage for its full <br />replacement value, naming us as loss payee; and maintain public liability <br />insurance for both personal injury and property damage far not less than <br />$300,000 per occurrence, naming us as additional insured. If at any time we <br />determine that you no longer meet our self-insurance requirements, we will <br />notify you and you will, within thirty (30) days of receipt of such notice, provide <br />us with evidence of insurance coverage as specified in subsection (b} of this <br />Section 13 ° <br />4. The last two sentences of the second paragraph, located just above the signature lines <br />on Page 2 (or the back) of the Lease, shall be amended to read as follows: <br />"THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF <br />CALIFORNIA. YOU AGREE TO THE JURISDICTION AND VENUE OF FEDERAL <br />AND STATE COURTS IN ORANGE COUNTY, CALIFORNIA." <br />5. EFFECTIVE DATE. This Addendum is executed to be effective the same day as the <br />Lease, and is incorporated into and made a part of the Lease. <br />A-2007-009 <br />Page 1 of 2 <br />4463716002 rev 3-29-07.doc mev <br />