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Home My WebLink About16-145 - Electronic Business Machines - Copier Lease for Mayors Office and Crime Prevention16-145() Council Approval N/A ADD -ON LEASE AGREEMENT Please fax completed and signed agreement to1-8OO-329-87g5 Questions orneed assistance? Call 1-DOO-550-8705 , 14 � Supplement Schedule Number: w795609 Original Lease Number: 41426357-1 Lessee Name: City n,Tukwila Billing Address: �s2ooSuumconterBlvd Tukwila, vvAou1eu Phone: ono�5�7s7r oe�� Equipment Lnnmimo (if different from above): TERMS AND CONDITIONS This Add -on Lease Agreement (^Supp|pmnnt^) is made this 10'2* 2018 by and between the Lessee and T|AA Commercial Finance, Inc. and is hereby made port of the Original Lease referenced above ("the Lease"). All terms and conditions of the Lease not modified or supplemented hereby shall remain in full force and effect. EQUIPMENT ADDED: EquipmenVSnft*oreDeau/iption Quantity Serial Number 1 Kyocera noanPrimo, 1 _ _ ' 5. O ADDITIONAL BILLING: Payment Frequency B Monthly [] Other Lease Term ^a Lease Payment /9o2 Documentation Fee PLUS APPLICABLE TAXES T|AACOMMERCIAL FINANCE, INC. X X Lessor Authorized Signature see S nature Mike Marcum, Technical Operations Supervisor Print Name and Title Print Name and Title 1x/7/1n Dm0a Date ACCEPTANCE OF DELIVERY: YOU HEREBY ACKNOWLEDGE THAT THE ABOVE REFERENCED EQUIPMENT HAS BEEN ADDED HEREBY, SUCH EQUIPMENT/SOFTWARE HAS BEEN RECEIVED, IS IN GOOD WORKING ORDER AND IS SATISFACTORY AND ACCEPTABLE AND LESSEE AGREES TO BEGIN MAKING LEASE PAYMENTS UNDER THE TERMS OF THIS SUPPLEMENT 8ignatu ~- Date: 12/7/18 Print Name: mike Marcum For: City mTukwila ACKNOWLEDGMENT OF PERSONAL GUARANTOR: The undersigned Guarantor hereby acknowledges that the Lease referenced above has been modified by this Supplement and reaffirms the continuing Guaranty of the obligations of the Leaoem{Cumtnmerin the Lease, as supplemented. Print Name: Signature: Date: n^^eanx is°division wnAA,pso.Financing /" provided by TIAA Commercial Finance, Inc., a subsidiary of TIAA, FSB and not itself a bank or a member of the FDIC. Add -on Lease Agreement 'mom/eoo U;� 't- 1� c� � ` L.� � -~ � b' ��3�� EverBa#k wiR soon bel[UAA Bank AsofJune 4.Ever Bank off iciai[y will begin ,oserve clients a,T|AABank. Since you're avalued commercial finance client, wewanted mwrite and let you know what this means for you. As part of the TIAA family, you can look forward to the same great service and support you've come mexpect from us. Plus, T|AABank wiiibring you even nnore banking and lending solutions, mhelp your business succeed. Very little will change about how you do business with us. Here are a few key facts to keep in mind: ° Your current agrccmcn\Wremain the same. ° You should continue to call the same phone number (1.866.650.87951 for service and assistance. ° Our official legal name will change nn June 18 from EverBank Commercial Finance. Inc. to T|AACommercial Finance, Inc. Moving forward, vmliserve you asT|AABank. , Beginning on June 4, tog in to your account at financeservice.TIAABank.com with the same online credentials you have always used. You'll need to update the remittance name for both checks and wires to TIAA Commercial Finance, Inc. The address and instructions remain the same. " |fyou have recurring payments set up, you donot need tnsubmit anew ACHform. Thank you for your business. As always, if you have any questions, please give us a call at 1.86 6.6 50.8795. Sincerely, John Pataky Executive Vice President merBaWmadivision ofnAA,cSB.mmBank' will be the new bank division ofuAA,pSB. Financing currently provided bycverBa xwmnmrcm/mwm=./ncwinsombe provided bymmCommercial Finance, /nc,the new commercial finance subsidiary ofTIAA, FSB and not itselfa bank or a memberof the FDIC. 1121 Ic 16-145 Council Approval N/A LEASE AGREEMENT Please fox completed ngreomont to 1-666.329-8795 euosuoos at nood assistance] Cal 1. 166.550-S795 EverBank COMMERCIAL FINANCE' This Lease has been wntten in 'Plain English.' When we use the words Lessee. You and Your In 1Ns Lease. we mean the Lessee Indicated below. When we use the words Lessor, We, Us, and Our In This Lease. We mean EverBank Commercial Finance, Inc. Our address is 10 Watervlew Boulevard, Parsipp y. New Jersey 07054. LESSEE Lessee Name INFORMATION City of Tukwila Lessee Billing Address 6200 Southcenter Blvd Tukwila WA 98188 Lgala onr(S Lessee e Number 206-433-1800 Equipment Location (If different from above) Federal Tax IO Number SUPPLIER INFORMATION EQUIPMENT DESCRIPTION PURCHASE OPTION TERM AND PAYMENT Supplier Name (-SUPPLIER') and Billing Address Electronic Business Machines 802 134th ST SW, Suite 170, Everett, WA 98204 MakolM od o UAcco saorle s Kyocera 3551 Crime Prevention Kyocera 4551 - Mayors Office Quantity 1 1 Supplier Phone Number 425-742-2244 Serial Number(s) Chock one applicable box. If no box is chocked or If more than one box is checked, the Fair Market Value Purchase Option will apply. 'Fair Markel Value o $1.00 Purchase Option 0 Fixed Price Purchase Option - 10% of Total Cash Price Initial Lease Te60 (months): Lease Payment: 327.65 Advance Lease Payment (Non Refundable) 0 PLUS APPLICABLE TAX TERMS AND CONDITIONS 1. LEASE. You agree 10 lease the Equipment from Us on the terms and conditions of this tease agreement (-Lease.') The Equipment will be deemed irrevocably accepted by You upon the earlier of a) the delivery to Us of a signed Delivery and Acceptance Certificate or b) 10 days after delivery of the Equipment to You if previously You have not given written notice to Us of Your non -acceptance. The Lease commences on the day the Equipment 's delivered to You (the -Commencement Date-) and the first Lease payment shall be due on the Commencement Date or any other date that we designate, and the remaining Lease payments will be due on the same day of each subsequent month at an address specified by Us In writing. If more than one Lease payment is required in advance, the additional amount will be applied a1 the end of the initial or any renewal term. IF THIS LEASE IS REPLACING AN EXISTING I EASE, THE NEW PAYMENT MAY INCLUDE THE BALANCE OF THAT LEASE AND RESULT IN A GREATER AGGREGATE COST TO YOU. YOUR 1 FARE OBLIGATIONS ARE ABSOLUTE, UNCONDITIONAL AND NOT SUBJECT TO CANCELLATION, REDUCTION, SETOFF OR COUNTER CLAIM, EVEN IF THE EQUIPMENT DOES NOT WORK PROPERLY. You authorize us to adjust the Lease Payment up or down by not more than 15% if the total amount we have paid in connection with the purchase, delivery and installation of the Equipment, including any trade -up and buyout amounts (collectively, the `Total Cash Price') differs from the estimated Total Cash Price originally assumed for documentation purposes. 2. NO WARRANTIES. You are leasing the Equipment 'AS -IS' AND WE MAKE NO WARRANTIES EITHER EXPRESS OR IMPLIED. INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE, 3. EQUIPMENT USE AND MAINTENANCE, RESTOCKING FEE You wet keep the Equipment at the location stated above and maintain it in good working condition, eligible for manufacbrets certification, normal wear and tear excepted. You wit pay for any repairs. It is solely Your duly to remove all sensitive or confidential data stored within the Equipment prior to returning it. You will pay all shipping expenses for the realm of the Equipment to Us, to a !oration in the United Slates That We designate. We may charge You a restocking fee equal to Iwo (2) lease payments. You agree that You veil not take the Equipment out of service and have a third party pay or provide funds to pay the amounts due on this Lease. 4. ASSIGNMENT. You agree not to sell. assign or sublease either the Equipment or any right under This Lease without Our prior written consent. We may set or assign the Lease without notice and the new owner w81 not be subject to any claims, defenses or setoffs that You may have. 5. TAXES AND FEES. You will pay all excise, sales and use, personal property and at other taxes and charges which may be imposed during the term of this Lease, arising from the use, acquisition, ownership or leasing or the Equipment, whetter due before or after termination of the Lease. You will reimburse Us for all administrative costs associated wth the preparation, fling, payment, and other costs necessary to properly administer taxes associated with the Equipment. Where required by law, We will file the personal property tax returns with respell to the Equipment, and You shall pay Us in advance, and when We require, the taxes that We anldpate will be due during the year. You further agree to pay Us a documentation fee to cover Our expenses in processing this Agreement. 6. INSURANCE. You will maintain at Your expense (a) property insurance against the loss. theft or destruction of, or damage to, the Equipment for its full replacement value, naming Us as loss payee, and (b) public liability and third party property insurance, naming Us as an additional insured, and give Us written proof of Your Insurance. We reserve the right to reject Your insurance carder. IF YOU DO NOT GIVE US EVIDENCE OF INSURANCE ACCEPTABLE TO US, WE HAVE THE RIGHT. BUT NOT THE OBLIGATION, TO OBTAIN INSURANCE COVERING OUR INTERESTS FOR THE TERM OF THIS LEASE. I CLUDING ANY RENEWAL OR EXTENSIONS. WE MAY ADD THE COSTS OF AC RING A MAINTAINING SUCH INSURANCE, AND OUR FEES FOR OURS SUCH INSURANCE • EVER Lessor X Authorized ICES I51 !ACING AND MAINTAINING 0 C. RC • L IN NCE, INC. C{7 O 1 P. NIFNITir;; Da Print Nam ACCEPT amity tvty and conditi Supp" . (COLLECTIVELY. `INSURANCE CHARGE'), ON WHICH WE MAY EARN A PROFIT, TO THE AMOUNTS DUE FROM YOU UNDER THIS LEASE. Such insurance may duplicate coverage provided under Your existing policy. You w01 pay the Insurance Charge in equal instaitments allocated to the remaining Lease Payments. You adwowtedge that We ate not required to serum or maintain any insurance, and We wit not be table to You if We terminate any insurance coverage that We arrange. 7. PURCHASE OPTION; AUTOMATIC RENEWAL If no default exists under this Lease. Yourn will have the option at the end of the initial or any renewal tato purchase all (but not less than at) of the Equipment at the Purchase Option price shown above, plus any applicable taxes, Unless the Purchase Option price is $t.00, You must give Us at least 90 days written notice before the end of the initial lease teen that You will purchase the Equipment or that You will return the Equipment to Us. If You do not give Us such written notice or if You do not purchase or deliver the Equipment in accordance with the terms and conditions of this Lease, this Lease will automatically renew for an additional 12-monlb period, and then on a monthty basis until You exercise a purchase option or deliver the Equipment to Us. 8. DEFAULT AND REMEDIES. You shall be in default under this Lease if (a) You fat to make any Lease payment or otter payment within 10 days of its due date, (b) You do not perform any of Your other obligations under this Lease and this failure continues for 10 days. (c) You become insolvent If a default occurs, We may do one or more of the following: (a) terminate the Lease, (b) require that You immediately pay to Us the balance of unpaid Lease payments plus ISe present value of the Equipment's anticipated residual value discounted at 3 q per annum plus any other amounts due under this Lease, (c) demand that You return the Equipment to Us, and (d) exercise any otter legal right or remedy that We may have. Y any Lease Payment is not pail to Us within 3 days of its due date, You will eve Us a late charge not to exceed the greater of 10% of each late payment or $20.00 (or such lesser amount as is the maximum allowable under applicable law.) You will pay all of Our costs and reasonable attomey's fees or enforcing Our rights against You . 9. OWNERSHIP; UCC. Unless you have a $1.00 purchase option, We are the owner of the Equipment and the Lease is a -finance lease" as defined In Miele 2A of the UCC; however, in the event it is deemed 10 be a lease intended for security, You hereby grant to Us a first priority security interest in the Equipment 10. INDEMNIFICATION. You are responsible for any losses, damages, penalties, claims, suits and actions, inducing attorneys' fees caused by or related to (a) the installation, ownership, use, rental, or possession of the Equipment or (b) any data You store within the Equipmanl 11. TRANSITION BILLING. In order 10 facilitate an orderly transaction, Including installation and training and to provide a uniform bitting cycle. Ole 'Effective Date- of this Agreement will be the twentieth (20') day of the month following installation. You agree to pay a prorated amount for the period between the installation date and the Effective Date, This payment lot the transition period will be based on the tease Payment prorated on a 30-day calendar month and will be added to your first invoice. 12. MISCELLANEOUS. This is the entire agreement between the parties and supersedes at prior agreements, whether oral or written, concerning the subject matter hereof. THE EQUIPMENT WILL BE USED ONLY FOR BUSINESS PURPOSES. YOU CONFIRM THAT YOU DECIDED TO ENTER INTO THIS LEASE RATHER THAN PURCHASE THE EQUIPMENT. YOU AUTHORIZE US TO CORRECT OBVIOUS ERRORS OR SUPPLY MISSING INFORMATION IN THIS LEASE WITHOUT NOTICE TO YOU. YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. YOU CONSENT TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN NEW JERSEY. IF A SIGNED COPY OF THIS AGREEMENT 15 DELNERED TO US, aWILL BE BINDING ON YOU; HOWEVER, WE WILL NOT BE BOUND BY THIS AGREEMENT UNTIL WE ACCEPT IT BY MANUALLY SIGNING IT OR BY PURCHASING THE EQUIPMENT SUBJECT TO THE AGREEMENT, WHICHEVER OCCURS FIRST. YOU AND WE EXPRESSLY WAIVE ANY RIGHTS TO A TRIAL BY JURY. Lames X. Aulhonzod Signature JOSOph Todrl Director TS Print Name and Title 8.31-2016 Date d Tia rat • E OF DRIER 11 r,e-equiptyent listed above has bean furnished to You, and that delivery and instal/aeon has been fully completed and satisfactory and therefore you accept the Equipment. Further, an taros Ow Loa o-knve been reviewed • -. pon Your cigmr:g below, Your promises herein will be irrevocable and unconditional. We have purchased the Equipment from the above You 4c•at.. . our oftELlh7hL•It® a transfer to You tar Mu term of the Agreement. We are not the manufacturer, supplier or dealer of the Equipment. '-ftol ton;ed".Ai wait. Joseph Todd Print Marna snit Title Director TS Oat° 8-31-2016 Electronic Business Machines Company - Lease Agreement - 1P 12R T820 V14 07012012 O,f t2 OI'1t) •ADDENDUM TO LEASE, RENTAL, OR OTHER FINANCE AGREEMENT Please fax •completedand stoned Addendum to 1-866-329-8795 Questionsor need assistance? Ca111-866-550-8795 .AGREEMENTNUMBER: -'1 1'4 Sq S'l Se • - • • LESSEE/CUSTOMER NAME: City of Tukwila. / IT Department ,.•. - ,,•. . - LESSEE/CUSTOMER ADDRESS: 6200 Seuthc.enter Blvd. Tukwila, WA:9£3106 , :..,:: :",,f,'.• • . • This Addendum supplements the provisions of the Value Lease •.:.• !....:•-...... ' Agreement identified above •• .• • .._,_.. 4:,(41.,. . • (.`Agreelnentf.): You and We. make this Addendum an integral Of the Agrefttilik.-:,qa, Pltafted terms used in this Addendum that are not defined ww have the meanings Specified in.ge. Agreerne/(111tylerefe.*y conflict between the Agreement and -this Addendum, then this Addendum Will control and .ptevall. i:::.:?''r'1,"•'-'';'' ."i'•:, ... 1. Funding Intent. You reasonably believe thet.suffident funds canbe obtainei;i*i-Melce all Lease or Rental Payments and other payments during the term of this Agreement You affirin:thaffundato rJoy,,(06.6.:Or Rental Payments and other payments under this Agreement are available for Your current fiscal year. YOt.1,.*4...ANe agree that Your obligation to make Lease or Rental Payments under this .-Agreement will be Your current expense and wilt not be interpreted to be a debt in violation of applicable law or constitutional limitations orrequirements. Nothing contained in this Agreement will be interpreted as e pledge of Your general taxrevenues,. funds. ormoneys. 2: Use: of EoOtiMent.. The. Equipment will be operated and controlled by You an cl .•Will be used for essential government. Pqr.IPses and:willbe essential for the term of this Agreement. 1 Signatures-, You warrant You have taken the necessary steps; including: any legal bid requirements under Applicable law to arrangefor acquisition of the Equipment; the approval and execution has bearcret aCcordariee. With all applicable open meeting laws; and that a resolution of Your governing body authorizing execution of the Agreement has been duly adopted end remains in full force and effect .•,..... _......... 4. FlonAppropriation of fUnds. If sufficient funds are not appropriatedand budgeted by Your gpVeming body in any decal year** Lease or Rental Payments or other payments due under this Agteeniltg-,Thieos4reernept will terminate as of tbe last day.ofYourlecai year for which funds for Lease or Rental Payments are a-Oitabie,•• You will give Us written notice Within fifteen 115) days of theoccurrence of such non -appropriation, 'Such terminationIS without any expense or penalty, except for the portions of the Lease or Rental. Payments and :•thosSe expenseSfi Ool,efed VOL. Your return: of the. EquiPment. in acOnrclencewith Section 3 of this Agreement for whie*fun.ns. haVe, . 7 C10014.,,nd. appropriated or are. 'otherwise legally ay.ailabie. You agree that to the extent perrnitfecill4w,14. YoK, ).., '.. ,:0niiiiglirifiis Agreement if any funds are appropriated by You or to You forthe acquisition or use O ?..uipment oriietV14.aS.Perritiiitiitigiaireilarftinetlatle.0. the Equipment doting Your fikel. year in which such termination wouldoccur ailgi'„ • TAli:Vill not spend or commit funds. WI for the acquisition or use of equipment or -services performing ftinctiOrlS siMilat.• .W...., AUlpnient.;uritil the: -fiscal year following the. fiscal year for Which' funds were first not available for theLease or Regatnerits:'' • - --- .1.7-4.-.1',0,..v.:.- , ., Ali other terms and .condltions.ofthe•Agroementshall remain in full force and effect Lessor/OWn X • City of Tukwila / City Attorneys. Office tadiatitoli .1e.: Auth atUre Authotiz :6lgflatUre-. Anoeia 5 fRutrt.. Joseph Todd .:;: ' s• Print Napie.altd Titte Print Warne and Tit[Oi:i..!--•;:::!-:.: • it il'lliLg, ACCOUnt 7-11-2015 .'fite trPr. ' Date Manager Date • . 1.‘,I.rs',..s.-i,:r • Addendu• • • m • greement- MUNI tinivemal PL 0 0101.2012