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Home My WebLink About16-153 - Electronic Business Machines - Copier Lease for Technology Services and City Attorney OfficeLEASE AGREEMENT Please ray completed agreement to 1-868. 329.8795 QueNions or need essistance9 Coe 14188. 5594795 16 -153 Council Approval N/A k COMMERCIAL FINANCE' % rij »;ac;th,l '' ':z'r�;iS;YC:1E�i'. ;or�se �,r:��n. inn} �:F.�ril<k$}"`"�.3Z�`�`.`•.ugr: °r� �a i�; fm.r��T `: >L�.i�ti'x�ii'xik�'A�:'l.�`h. tf.,t r,_..�.t! �"� `' .��? � ?3 and Our In thls Lease. We mean Evor5ank Commercial Finance, Inc. Our address Is 10 Watervlow Boulevard, Parsippany, New Jersey 07054, This -ase has been written in "Plain English.' hen we use the wade lessee, You • • Your in this Lease, we mean the Lessee I caked below. LESSEE INFORMATION Lessee Name City of Tukwila hen we use Lessee ailing Address 8200 Soulhcenter Blvd Tukwila WA 88188 Equipment Location (I different from above) SUPPLIER INFORMATION EQUIPMENT DESCRIPTION Supplier Name ("SUPPLIER') and railing Address Electronic Business Machines 802 134th ST SW, Suite 170, Everett, WA 98204 Make/ModallAceeasorles Quantity words Lessor, Ws, M Lessee ne Number i` 206 -433 -1800 IT +xtt e51 8 plier P one Number 425 -742 -2244 Serial Humbert') PURCHASE OPTION TERM ANO PAYMENT Kyocera 3551 City AttOmey - TS Department 2 --Ky Check one applicable box. If no box Is checked or If more than one box Is checked, the Fab Market Value Purchase Option will apply. Ly'Falr Merkel Value O 51.00 Purchase Option 0 Fixed Price Purchase Option - 10% of Total Cash Price I Advance Lease Payment (Non Refundable) I PLUS 0 APPLICABLE TAX Initial Lease Term (months): ( Lease Payment; 337.02 TERMS AND CONDIT ONS 1. LEASE. You agree to lease the Equipment from Us on the terms and conditions of this lease agreement ("Lease.') The Equipment will be deemed Irrevocably accepted by You upon the eadler of a) he delivery to Us of a signed Delivery and Acceptance Cerhlcate or b) 10 days after delivery of the Equipment to You If pxeviousy You Iwo not given written notice to Us 01 Your non - acceptance. The Lease commences on the day the Equipment Is delwxed to You (the 'Commencement Date") and the first Lease payment shall be due on tha Commencement Date or any other dole that wo designate, and the remaining Leese payments wil be due on the same day of each subsequent month at an address specified by Us in writing. If more then one Lease payment Is required In advance, 810 addtbnal amount oil be applied at the and of the initial or any renewal term. IF THIS LEASE IS REPLACING AN EXISTING LEASE, THE NEW PAYMENT MAY INCLUDE THE BALANCE OF THAT LEASE AND RESULT IN A GREATER AGGREGATE COST TO YOU. YOUR LEASE OBLIGATIONS ARE ABSOWTE, UNCONOmONAL 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% I the total amount we have paid In connection with the purchase, delivery and Installallon 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 aro loosing 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 will keep the Equipment el the b ation stated above and maintain I In good mincing condition, eligible for manufacturer's cestOcetlon, normal wear end tear excepted. You wit pay for any repairs. It Is solely Your duty to remove all sensitive or confidential date stored within the Equipment prior to returning P. You writ pay all shipping expenses for the return of the Equipment to Us, to location in the United States Ihel We designate. Wo may charge You a restocking fee equal to IWO (2) lease payments. You agree that You will not take the Equipment out of service end have a third pony pay or provide funds to pay the amounts due on this Lease. 4. ASSIGNMENT. You agree not to sal, asetgn or sublease either the Equipment or any right under Ike Lease without Our prior written consent, We may sel or assign the Lease vdthout notice and the new owner wll not be subject to any claims, defenses or setoffs that You may have. 5. TAXES AND FEES. You w11 pay all excise, sales and use. personal property and al other taxes and charges which may be imposed during he tern of this Leese, arising from the use. acquisition, ownership or leasing of the Equipment, whether due before or after teminaton ca he Lease. You will reimburse Us for all administrative costs associated wan the preparation, filing, payment, and other costs necessary to properly administer tares aseodeted with the Equipment Where required by law, We w11 ale the personal property unit returns with respect to the Equipment, and You shaft pay Ua In advance, and when We require, he taxes that We anticipate wll be due during the year. You fuher agree to pay Us a documentaton tee to cover Our expenses in processing fhb Agreement 5. INSURANCE. You Mil maintain a1 You expense (a) property insurance against the bas, heft or destruction of, or damage to, the Equipment for Its full replacement value, naming Us as loss payee, and (b) pubic 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 carrier. IF YOU DO NOT GIVE US EVIDENCE OF INSURANCE ACCEPTABLE TO US, WE HAVE THE RIGHT, BUT NOT TI1E OBLIGATION, TO OBTAIN. INSURANCE COVERING OUR INTERESTS FOR THE TERM OF THIS LEASE, INCLUDING ANY RENEWAL 011 EXTENSIONS. WE MAY ADD THE COSTS OF ACQUIRING AND MAINTAINING SUCH INSURANCE, AND OUR FEES FOR OUR SERVICES IN PLACING AND MAINTAINING SUCH INSURANCE EVEK COIN X �=� .,+ �1r, •�: - : ant ZS(�°�� t{1 (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 will pay the Insurance Charge in equal Installments allocated to the remaining Lease Payments. You acknowledge that We are not required to secure or maintain any Insurance, and We wei not be gable to You I We kmmbnate any insurance coverage that We anarge. 7. PURCHASE OPTION; AUTOMATIC RENEWAL. If no default exists under this Lease, You wig have the option meet end or the Initial or any renewal tern to purchase all (but not tees than dl) of the Equipment at the Purchesee Option price sham above, plus any applicable taxes. Unless the Purchase Option price le 51.00, You must give Us at least B0 days written notice before the end of the Initial Maas tern that You w11 purdnese the Equipment or that You will return the Equipment to Us. I You do not give Us such written notice or 5 You do not purchase or deliver the Eqt pment in accordance with the terns and eceveli ns of 1me Lease, this Leese will automatically renew for en additional 12 -month period, and Men on a monthly bads until You weirdos a purchase option or deliver the Equipment to Us, B. DEFAULT AND REMEDIES. You shall be In default under this Lease it (e) You tag to make any Leese payment or other payment*** 10 days of is due date, (b) You do not perform any of Your other ebtgatio s under this Lease and this fagure oon5nuee for 10 days, (c) You or more of the fon:raft (a) terminate became insolvent. re that default immediately occurs, pay do Us the the balance of unpaid Lease payments Mt Lease. fsJ raga Pius the present value of the Equipment's antidpated residual value tlkoounled at 3 % per annum plus any other amounts due under this Lease, (c) demand that You retum the Equipment to Us, and (d) exercise any other MEN fight or none* Met We may have. If any Leese Peymerr N not pdd to Us within 3 days of Its *sedate, You wgl owe Use lots charge not to orceed the greeter of f0% of each lore payment or $20,00 (or each feeler amount as Is the maximum allowable hander applicable law.) You wI8 pay all of Our costs and reasonable attorney's foes of enforcing Our rights against You . owner d the 8, OWNERSHIP; UCC. Urdeas you have a $1.00 purchase option We are the owner Equipment and the Lease Is a "inane lease' as defined in Micte 2A of One UCC; however, h the event tie deemed to be a lease intended for security, You hereby grant to Us a first priority aecxsity Interest In the Equipment. 10. INDEMNIFICATION. You are responsible for any losses, damages, penalties, dalma, sub and scions, inducing attorneys' fees cased by or related to (e) he knMela50n, ownership, use, rented, Or possession of the Equipment or (b) any data You store Mhh the Equipment 11. TRANSITION BILLING. in order to facilitate an orderly trensectiOn, Including Invention and training and to provite a uniform billing cycle the 'Effective Date' o1 this Agreement will be the twentieth (20 ) day of the month followring Installation. You agree to pay a prorated amount for the period between the installation date and the Effective Date. TMs payment for the transition period will be beeod on the Lease Payment prorated on a 30-day calendar month and will be added to your Bret Invoice. 12. MISCELLANEOUS. This Lv the entire agreement between the parties and supersedes off prior agreements, whether and or written, concerning the sub)ed metier hbreol. THE EQUIPMENT WILL 8E USED ONLY FOR BUSINESS PURPOSES. YOU CONFIRM THAT YOU OECIDED TO ENTER INTO THiS LEASE RATHER THAN PURCHASE THE EQUIPMENT. YOU AUTHORIZE US TO CORRECT OBVIOUS ERRORS OR SUPPLY MISSING INFORMATION IN THIS LEASE Wi1HOUT 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 VNTHIN NEW JERSEY. IP A SIGNED COPY OF THIS AGREEMENT Kt DELNEREO TO US, IT WILL BE MOM ON YOU; HOWEVER, WE WILL NOT BE BOUND BY THIS AGREEMENT UNTIL WE ACCEPT iT BY MANUALLY 51GN16(0 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, Pdnt Name and The . 8.30 -2018 Date ACCEPTANCE r. DEUVERY on certify eve s1 •..Egutpmsn above has been furnished to You, and Sot delivery and Installation hes been fully completed and satisfactory and therefore you accept the Equipment Further, alt terms add • • di • • • Lease he h reviewed and agreed 10 by You Upon Your Ngning below, Your promises herein will be Immeshls and unconditional. We have prchsssd the Equipment from the above Sup 1. , m You may . • Y yam fur to You for the term d Um Agreement. We am not the manufacturer, supplier or denier al Its Equipment. Authorizes Slgrrrtue Joseph Todd Print Nana end TOW Director TS DNS f 8- 30-2016 Electronic Business Marhlnes Company- Lease Apreenrnt - 1P 12R TWO V14 07012012 2 0 r?'51' AMENDMENT TO LEASE AGREEMENT Please fax completed and signed to 1. 866. 329. -8795 Questions or need assistance? Cap 1- 868 - 550 -8795. ' ��,'. �v7 r;„ayafil-f' S' xvis.;=,fifP7q41271 tl' ��ablFwti ;ld�'M,iMft,!ticp ) Wi' ;1�., nz'.:� .t4reigte-aAVAP' �s��'��a [�; ` EverBank COMMERCIAL FINANCE' RE: LEASE AGREEMENT NUMBER: 41399056 BY AND BETWEEN LESSEE: CITY OF TUKWILA LESSOR EVERBANK COMMERCIAL FINANCE. INC., The above referenced Lease Agreement (the "Agreement") Is hereby amended as follows: Section. EQUIPMENT DESCRIPTION: In this. section, "Kyocera 6535cidn — Records Department" is hereby deleted in its entirety. Section. TERM AND PAYMENT: in this section, the Lease Payment of 5337.02 is hereby reduced to 5303.04. All other terms and conditions In the Agreement°shali remain In full force and effect. EVER :ay K COM ERCIAL FINANCE, INC. XSS° Iiat Autho ' y Prin i and Tid- gnaV. Account Date CITY OF TUKWILA Authorized Signature Joseph Todd t"_ Xa Print Name and Title 7 -11 -2016 Date Amendment to Agreement — Universal ECF'V1 06032013 ADDENDUM TO LEASE, RENTAL, OR OTHER FINANCE AGREEMENT Please.fax completed:and signed Addendum to1-866-3294795 Ouestionsor need assistance? CaH 1-866-550-8795 •AGREEMENT NUMBER: 44 ‘-i S'1 5i LESSEE/CUSTOMER NAME: City of Tukwila / IT Department LESSEE/CUSTOMER ADDRESS: 6200 Southcenter Blvd. Tukwila, WA 98i88 This Addendum supplements the provisions of the Value Lease .. Agreement identified above (Agreement"). You and We make this Addendum an integral part of the Agre,enfeyk, Capitalized terms used in this Addendum that are not defined will have the meanings specified ilfffie AgreemgC'Z Maze is;04,y conflict between the Agreement and this Addendum, then this Addendum, will control and prevail. 1. Funding Intent You reasonably believe that sufficient funds can be obtained49 make all Lease or Rental Payments and other payments during the term of this Agreement You affirm that funds to pay Lease or Rental Payments and other payments under this Agreement are available for Your current fiscal year You.*d.:We agree that Your obligation to make Lease or Rental Payments under this Agreement will be Your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing -contained in this Agreement will be interpreted as a pledge of Your general tax revenues, funds or moneys. 2, Use of Equipment. The Equipment will be operated and controlled by You and will be used for essential govemment purposes and will be essential for the term of this AgreeMent. a. Signatures. You warrant You have taken the necessary steps; including any legal bid requirements under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with .all applicable open meeting laws: and that a resolution of Your goveming body authorizing execution of the Agreement has been duly •.dapted and remains in full force and effect. 4. Won-Appropriation of Funds. If sufficient funds are not appropriated and budgeted by Your governing body in any fiscal year for Lease or Rental Payments or other payments due under this Agreement; This Agreement will terminate as of the last day of Your fiscal year for which funds for Lease or Rental Payments are 0.;Oilatlie, You will give Us written notice within fifteen (1S) days of the occurrence of such non-appropriation. : Such termirratiWis.without-,eny expense or penalty, except for the portions Of the Lease or Rental Payments and those expensei4stociated With Your return. of the Equipment in accordance with Section 3 of this Agreement for WhiplOnds haVerArd.Oeted'010 appropriated or are otherwise legally available. You agree that, to the extent permitted 0413w, (x) r11.100termingte this Agreement if any funds are appropriated by You or to You for the acquisition or use of ariuipment or,j'air4el..PerfOrkiling.similarfunctIons to the Equipment during YOur fiscal year in which such termination would occur and (s)"YOu'wiii not spend or commit funds for the acquisition or use of equipment or services performing furictiens. dimilerA:16ittquipritent ;until the fiscal year following the fiscal year for which funds were fire not available for the Lease or R4niall*riterits..`' v - • All other terms and conditions of the Agreement shall remain in full force and effect: City of Tukwila / City Attorneys. Office Lessor/OW Auth . PrintN d Title Date attire. Account Authorize signature! Joseph Todd Print. Name and Titlet-...'-' •••• .',11'.0...rt,Tr:'. •• - 7-11,2613 i -, ::::::6,17)-.,wil.:•- ...,..:e.' • . ..,,,..i.... ., zOt;,i4'•i-it',-••••,4. . .4,....1.,...:,,,, . „,fiz, •:;••: i.T.:•.-.0,4i:140.!,,, 1.::: • - : , •,f9•• .: 1::,....4 \•,.y.-60:i.,:y. • .: ,t• • • .Q4,'_•::4:',7::::.• ....: - :•,.., • .,:::.,.., ,, . , 1. • ....,.,,.., . ..,.7,i., • . t4;41, . ' - AddendurciltiFigreertrant. MUNI ,Uatversal PL V3 01012012