The URL can be used to link to this page

Home My WebLink About5.750 Original Contract 11-18-05, 6: 10PM ~~, ~~i ~~~~ ~~.~~ 8009474999,# 2 5./=SO ~ORT ,ANGELES WAS H I N G TON, U. S. A. FINANCE DEPARTMENT October 6, 2005 Steve Webb Digital Copy Service 834 E. Front 5t. Port Angeles, W A 98362 Re: Sharp Copier AR-BC320 Dear Steve: Enclosed please find two signed copIes of the lease agreement between the City of Port Angeles and Digital Copy Services for a color copier/printer. Once you have obtained SIgnatures from the leasing company, please return a full executed copy of the Lease to me. Thanks for all your help. NOV 1 8 2005 Smcerely, ~tJ. Carol A. Hagar Administrative ASsIstant 321 EAST FIFTH STREET. p, O. BOX 1150 · PORT ANGELES, WA 98362-0217 PHON E 360-417-4600. FAX: 360-417-4609 · TTY~ 360-4 I 7-4645 E-MAIL: FINANCE@CI PORI-ANGELES WA US 1- 1 8-05; 6. 10PM ~~i~~i~~~~ ~~.~~ 8009474999;# 3 D ~~~~Gt~~~.~~~~~ Municipal lease Agreement NOV 7 8 2005 LESSOR: GrlllltArnerica Leasing Corpor.ttoncA1 625 FIrst Street SE, Cedar RapIds, tA 52401 PO Box 609, Ced RapIds, !A 52406-0609 lease No. 321 (, 03 - 002. County tZLI'ILL#1't tOl9 7'R~6;l. Sllrlal :/I I 55031Ul'' County A- t9. J) to( S 1" plus tax SECURIlY DEPOSIT $ FAIR MARKET VAlUE ui ment cost 1. MUN1CIPAL LI!!A.$E AlikEI!MI!!NT, SUDJect to the terms or thi5 Lease, Gre~tA,"l!Inca leasln9 CO'lXlratton (also ~red to as 'W..", "Us. and 'Our.) agrees to leB5e to Le:;s,,", (also referl1l!d to a9 "You" ~nd 'Your), end You agree to IlllIse from us, the equIpment described above rEctulllment") or In Bny sdledule rSd1edule") Incorponltlng lhls Lease Agrtl<!lment ("LeeSe") by referenee that Is 51gned by You and 2Pllroved by Us The lease of Equlpmllnt described In tfns Lease and the lease rJI EQUipment deserl~ In ~ch Schedule will constitute gepi!Iratl!! leasing tlllnsact1ons, ellCh of whlc~ Is referred to herein as a Lease This LellSl!! contllns the (!Illtfre arrnngemllnt between You "nd Us and no modlficatlons or thiS Lease snail be llffectlve unless In wrlllng alld $l9ned by tTle pertJllS, 2. DI!LIVERY AND ACCEPTANCE OF EQUIPMENT Acceptllnce of the EqUipment OlXlJr!I upon delivery WhCln You receive the Equipment, You Bgree to In~pect It and verify by telephone or in writing SlJch 'ntDrmlluon as -We mey rnQulre. Yau hernby autrlorl2e Us to alther Insert or mrrect the Leose number, ~n,,' numbers, mod", numbers, beginnIng d,,~, signature d"te, and Yaur neme, OMCE YOU SlGM THI$ LE"'SEfJ.lfl~b~~IT THIS LI!ASE WILL BI!! NONCANCl!LLABLE flOR TH!! PUL.L LEAS I!! TEltH. f4t 3. lilOYl!kNING LAW, CONSENT TO JURISDICTION AND V!!NUI! OF lITI A h d 1.1 shall be governed by the lews of Iowa. YOU AG"'I!!I! THAT ANY DISPUTI! ARISING UNDI!R OR IU!LATI!D TO TN IN TH! I'I!DERAL 0'" STATE COURT LOCATED IN CI!!OAR kAPJDS, IOWA. you HEREBY CONSENT TO PI! l 0 UE IN THAT COU"T AND WAIVE ANY RI6HT TO TRANSPER VENUE. EACH PARTY WAIVES ANY R.IGHT To A TR.IAL BY JURY. 4. FACSIMILE SIGNATURES You a9ree that a i'llC$lmllt! ropy of this leil5e bearing ~ulhonzed slgnature:s may be treeted as an orlglneL 5. TITLE. ~ept for any 50ttwllre covered by thi$ LlNlse (me .So~are"), We are ~ owner of and h;,ve t1tie to the equipment We do not have title to the Software. 'Nfl are not responsible for tne Softw~1l!! or the obligations IJWe(l by ",ther You or the: llcansor under any UCllnse Agreement for the SOftw'lrl!, If You Pl'Oller1y exercise the purchase option, if any, for tile equipment, YOI./ undemand thllt We do not own lhe Software "no cannot tran*r It to You Except as provlllell In this paragraph, II" reference! tel "EqUIpment" In ttrts Lease Includes the SO~~fI~. 6. NeT LEAS!! you AliREI!! THAT You ARI!! UNCONDITIONALLY OBLIGATl!D TO PAY ALL REM., AND OTHER AMOUNTS bUE POll THE EMTlIlI!! LI!ASE TERM 11I0 MATT!!R WHAT HAPPI!!N$, EVEN II' TliE EQUIPMeNT IS DAMAGI!!D Oil DESTROYl!D, IF IT IS Dl!!'I!CTIVII OR II' YOU NO LONGER CAN USE IT. YOU ARE NOT eNTITLE!) TO ReDUCE OR SI!T-Orp AGAINST kENT Ok OTlieR AMOUNTS DUl! TO US Oil TO ANYONl! TO WliOM WE TRANSFER THI$ LEASE, WHeTHER YOUR CLAIM ARISI!S OUT OF TliE LEASE, ANV $TATEMENT BY TIn VI!!NOOR, OR ANY MANUFACTURER'S OR. VENDOR'S LIABILITY, STRICT LIABILITV OR NfGLIGI!NCI!! OR OTliI!RWISIi. THIS Ll!ASE IS " "INANCI': L1!A$I!- AS Dl!rINED IN ARTICLE 2A 0' THE UllltFORM COMMERCIAL CODE. SEE REvE~SE SJDE FOR ADDITIONAL TERMS AND CONDITIONS THIS LEASE IS SUBJECT TO THE HRMS AND CONDITIONS PRINTED ON THIS SIDE AND ON THE R=YERSE SIDE, ALl OF WHICH PERTAIN TO THIS LEASE AND WHICH YoU ACKNOWLEDGE HAVING READ. THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESso~. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE THE EXEC~TION OF HIS LEASE, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED. LE55?}~ GreatAm rica Sing Corporation ~ ~e.: (As Stat!!~Ab ) By. ~vn DlIteAcCllpted: t() ~ 05 ~_~ DateA,ceptod; .Ii k Signature J" J.... S re Tllle. VOGU/frt/YJrll^Jf I trY} TItle: - MUNICIPAL CERTIFICATE I. the und&~IQned, hareby cerlify thai the Individual who 9xeculed !hIs Lell~O had 91 me lime 01 ")levu',on of Ihle Laasa full pOW9r and eulhDrlty Ie> 9xocute thle Lease "nd that all reQUired procedures n9CE19sery to make thIS laas9 a legal and binding obligation of the 1.....99 have been followed, J also do hereby certlry lhat Pi'Jyments l1ue and paYllble by lhe Lessee for the current flscal year are wlth,n the current bUdget and al1!l within an allalltlb~, unexhau5ted aM unenrum!lered appropnatlon. Addl~onally, the Eaulpment Is essential to the Immediate perronnance of 1:11" gO\ll!rnmental department JI5tIld above AGENCY OfflclAL Date Signed: x Muol-le8&>Ag.-nenl- 'twoP9g~GALC(0601 ~ 1 of 2 11 -1 8-05; 6 10PM 8009474999;# 4 AMENDMENT TO MUNICIPAL LEASE AGREEMENT This Amendment is to that certaIn Municipal Lease Agreement No. 32 j 100 J- (the -Lease'") by and between GreatAmerica Leasing Corporation ('"GreatAmerlca") and e ,4-, ;1 {- ~ ('T A,...J r ~ S ('"Lessee'"). o All capitalized terms used In this Amendment, which are not otherwise defined herein, shall have the meanings given to such terms as In the Lease. GreatAmerica and Lessee have mutually agreed that the following amendments be made to the Lease: The fOllowing IS hereby added to the end of the sectIon entitled INSURANCE: "'For as long as You are self-insured, Your statement of self insurance will satisfy Your obligations under this section." Except as specifically amended by this Amendment, all other terms and conditions of the Lease shall remain in full force and effect. LESSOR: GREATAMERICA LEASIN By: f,U.b71 LESSEe: Printed Name: !<r;.. r t J1 Title: p()tt.Nmi/Y7#lirn Date: "Diu /05 / I CORPORATION BY:~~ _ Printed Name: /"'t~ v ( tPw...... Title: f::;,. /Y ~f 4;/( r Date: /() /Y~J- NOV 1 8 2005 ~ 1 1 - 1 8-05, 6. 10PM , 8009474999;# 5 D ~~~~ot~~~R~!~O~~ LESSOR: GreatAmerica Leasing Corporation P.O. Box 609 Cedar Rapids, Iowa 52406-0609 NON-APPROPRIATION OF FUNDS ADDENDUM This Addendum will Q , .\. capitaliz terms used in this to such terms in the Agreement. become part of that certain Lease Agreement # 32/ f.:, 0;;'" dated as of (flAg eement") between Lessor and N ~ ("Lessee"). All endum which are not defined herein shall have the meanings given You hereby represent and warrant to Us that as of the date of the Agreement, and throughout the Agreement Term: (a) the indIvidual who executed the Agreement had at the time of executIon of the Agreement full power and auttlority to execute the Agreement; and that all required procedures necessary to make the Agreement a legal and binding obligation of the Lessee have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Agreement Term only by You and only to perform such function; (c) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unex:hausted and unencumbered appropriation. ~ In the event You are not granted funds nffl~'" ears for the Equipment subject to the Agreement or for equipment which is fun II ~qUiPment and operating funds are not otherwise available to You to pay tile Rent e due under the Agreement, and there is no other legal procedure or available funds payments can be made to Us, and the appropriation did not result from an act or omi~s '~u, You shall have the right to return the Equipment in accordance with the section In the ~~nt titled, Location, Inspection and Return of EqUipment and terminate the Agreement on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify In writing that (a) funds have not been appropriated for the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally avaIlable for payment of Rent. If you terminate the Lease because of non-appropriation of funds, You may not purchase, lease or rent, during such fiscal period, equipment performing functions similar to those performed by tl1e Equipment for a period of twelve (12) months. LESSOR: LESSEE: GREATAMERICA LEA~NG CCfPORATION By: j(JVJ1/Y) ~ Printed Name: j(()J un X~ Title: 1>0 aum tnfU";ClYJ Date: 10/ZI/05 I r ~~. By: ~ Printed Name: 7. ;;.::,..., Tide: C, 1 Y /'f......~JC/' , '" /O/~r- Date: NOV 7 8 2005 . ;..' 5. -'50 -~ FIELD ORDER FORM ORDER NUMBER: 1200 DIGrrJ.\!. COpy SERVICES# INC. Corner of Pront and ~ce Streets 834 iEast Pront Street, port}lngeCes, W}l 98362, (360) 452-2827 ~ I Sold to Customer: CITY OF PORT ANGELES FINANCE DEPARTMENT 321 E. SIH ST PORT ANGELES, WA 98362 D New Customer ~ Ship to Customer. CITY OF PORT ANGELES FINANCE DEPARTMENT 321 E. SIH ST. PORT ANGELES, WA 98362 DCOD I 0 ORDER TO BE FILLED I [gj ORDER DELIVERED I D CREDIT MEMO EQUIPMENT [gI D D EQUIPMENT D OLD D DSERV1CE NEW SALE SALES SERVICE EQUIPMENT SALES DELIVERY INSTALLATION LOANER LOANER PICKUP TRADE-IN LOANER LOANER METER 37 B&W METER READING: READING' 35 COLOR LEASE AGREEMENT VENDOR: TERM IN PURCHASE OPTION AT END SERVICE INCLUDED BASE MONTHLY SECURITY DEPOSIT ADVANCE PAYMENT MONTHS CHARGE (LESS TAX) 48 o $1.00 [gj FMV DYES $247.74 $0 $0 o 10% DNONE o NO MAINTENANCE AGREEMENT TYPE: TERM IN SERVICE TYPE SUPPLIES INCLUDED BASE SERVICE CHARGE BASE COPY OVERAGE CHARGE MONTHS (LESS TAX) ALLOWANCE (THEREAFTER) 12 [gj FSMA 0 SMA [gj YES no paper $0 0 $.099 color o RENT 0 T&M D NO or staples $.019 b& w ORDER PURCHASE SHIP VIA: WARRANTY ATTACHED REP. EQUIPMENT DATE DATE: ORDER: PERIOD: ADDENDUM INITIALS TRADE-IN: INSTALLED: 08/05/05 004957 Our Truck DYES DNO DYES DNO 10/04/2005 QUANT/TY PRODUCT NO. SER/AL NO. PRODUCT DESCR/PTION UNIT PRICE TOTAL I-EACH AR-BC320 55031267 SHARP FULL COLOR COPIER I-EACH AR-DI9 5E004907 DUPLEXlDUAL TRAY MOD I-EACH AR-F13 5A004967 SADDLE STITCH STAPLER I-EACH AR-D5133 999437 SURGE PROTECTOR I-EACH AR-PK4 C4I5549008 PS 3 EXPANSION KIT I-EACH AR - RB 1 5E008207 DUPLEX BYPASS INVERTER COMMENTS: SUBTOTAL: TAX EXEMPT: DYES TAX NUMBER: TAX (.083) : AUTHORIZING AUTHORITY' (PRINT) I KEY OPERATOR (PRINT) TOTAL: The underSigned has (I) received In good conditIOn and has accepted all DCS ElectroniCs products listed above, (2) venfied the serIal numbers listed above, (3) venfied the copier meter shown IS correct, (4) acknowledges c Ipt of all Terms and ConditIOns, MSD Sheets, and other Addendum Customer Acceptance. Title: ~ ~ Date: IC(' ~r- . , SHAR~ Sharp Electronics Corporation Sharp National Account Program PO Number Approval Number 321602 Date: Rep Code: Sales Manager: 8/26/05 DT DH NOTICE OF INSTALLATION Customer Installation Location: CITY OF PORT ANGELES ATTN:CAROL HAGGAR 321 EAST 5TH STREET PORT ANGELES WA 98362 UNITED STATES PHONE# 360-417-4611 Please complete this form upon installation of all equipment noted below. After signature by customer acknowledging installation, the SNAP dealer is to sign PAGE 1 of this form and promptly mail all pages to: SHARP Electronics Corp, Sharp Plaza, Mahwah N.J. 07430-1163 ATTN: SNAP Administration, Box Q FAX Number: (201) 512-2079 Method of Acquisition: Sharp Purch(lnstall) Installing Dealer: DIGITAL COPY SERVICES,INC. AUn: Steve Webb 834 EAST FRONT STREET, SUITE B PORT ANGELES WA 98362 PHONE# 360-452-2827 Comments: DEALER TO PROVIDE MEMORY 2560. SHARP TO INVOICE @ $160.00/ DEALER WILL BE REIMBURSED EQUIPMENT DESCRIPTION Matenal No Quantity Inst. Date Shipped Serial No. Inst. Serial No. Meter Reading ARBC120P I 0 - - - ARBC320 ] It) ~-o:S-- 5-503 \ ~tc 1 SSo3\ato'1 ARD19P2 0 -- -- - ARD 19N 1 \0--""\ -oS 5E'oo'-\901 ~ '= 00 <<.\'i 0 '1 . ARRB 1 1 \0 ~ -OS Sf" oo<6~6t-l s \::00 R;t 07 ARV l3Pl 0 - - - ARF13 1 lo-L\-oS 5 Aool\~ la1 S A n()<4 9 l.o ~7 ARD5133NT ] ,D ~'L\-O.s- '1Q9 L\ 3~ g9~ 43f'1 ARPK4Pl 0 - -- - ARPK4 ] \ D --L..\ -os- c..4 \S-S-4~oo 8 Qt\- \SSt\-1oo8 The Undersigned has: (1) Received In good condition and has accepted all Sharp Electronics products listed above; (2) Verified the serial numbers listed above; (3) Verified the copier meter r~ading is correct. Customer Acceptance: ~ cf2c..",c: _- SIGN ../ Customer Name: /7;(;-./',('( ~/1""" 1'~\N' TITLE: Ci ly /'Y.,I\.Cft r 1'1-\"''' / / Installation Date: I 0 0 4- M IVI D 0 Y Y Y Y wjl-~,~ 'VI6;:-r~O/Y ~e(lUj(te PAGE 1 of2 . SHARR Sharp Electronics Corporation. Sharp National Account Program Order# PO Number Approval Number 321602 Date: Rep Code: Sales Manager: 8/26/05 DT DH Material No Quantity Inst. Date Shipped Serial No. Inst. Serial No. Meter Reading ARC26TBU 1 'D...J.\ -bS ~'A- N A- ARC26TCU 1 \0-"\ -oS rJ\A- N A- -- ARC26TMU 1 \ O~ -oS IV A N' A I- " ARC26TYU 1 I\D~"-OS JJ !T- IVI I'A- ~ EQUIPMENT DESCRIPTION PAGE 2 of 2 fJ1GreatAmerica" t:.i-t.1!ASING (lORPOAAfHIH HARD WORK · II\lTEGR1TY · EXCELLENCE LESSEE (hereinafter also referred to as "You" or "Your" Full Legal Name r--:;; 1\ ',~ -F \t>~-r t"\N e\-t-S Address City S~I EAS-r /--#is R~~T Pl.? /30)1. II$;{) Municipal Lease Agreement LESSOR: GreatAmerica Leasing Corporation@ 625 First Street SE, Cedar Rapids, IA 52401 PO Box 609, Cedar Rapids, IA 52406-0609 Lease No. 52 I \0 Ol~ Zip to/)- County W'.3t"" e LfiL LIN;J1 . Oty 1:j2iJiO.6 .T~~ fJ?/1 [;, F;€tJPI St>. tl},I} 9~g~ TERMS AND CONDmONS. PLEASE READ CAREF Quantity Type, Make, Model Number of Equipment Rented Senal # - ~ /J:. ~ .::./2t!- ~~p L 3?- f Iyr; I'tJ! / (' () / t>I! ~ '!I':.JL' I if. fJ!!;!f.E.k.i. _.__. 11Y-1/~J<-ro((._ 'r AJ~ /v~.:2.: ~.lJi9pJ.:.p;lJ fI.~.J!64j}'~~_E.l...'2J:f.J a-..__. ...fl l0.& ~j?c,~ ~1I~J:...l\< '* JA? J2 f)/ &. Allf.1Mk_/J1. ~m.MJf~6 oe l ----------------------------..------ ------ ----- A-J2 J2~. s s Cou nty plus tax SECURITY DEPOSIT $ FAIR MARKET VALUE 1.00 OR OOTHER 1. MUNICIPAL LEASE AGREEMENT Subject to the terms of this Lease, GreatAmenca Leasing Corporation (also referred to as "We", "Us" and "Our") agrees to lease to Lessee (also referred to as "You" and "Your"), and You agree to lease from Us, the eqUipment descnbed above ("Equipment") or In any schedule ("Schedule") incorporating thiS Lease Agreement ("Lease") by reference that IS Signed by You and approved by Us. The lease of Equipment deScribed In thiS Lease and the lease of EqUipment descnbed In each Schedule Will constitute separate leasing transactions, each of which IS referred to herein as a Lease. This Lease contains the entire arrangement between You and Us and no modlficatJons of this Lease shall be effective unless In writing and Signed by the parnes. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When You receive the EqUipment, You agree to Inspect It and venfy by telephone or In wntlng such information as We may require. You hereby authOrize Us to either Insert or correct the Lease number, serial numbers, model numbers, beginning date, signature date, and Your name ONCE YOU SIGN THIS LEASE AND LESSOR ACCEPTS IT, THIS LEASE WILL BE NONCANCELLABLE FOR THE FULL LEASE TERM. 3. GOVERNING LAW, CONSENT TO JURISDICTION AND VENUE OF LITIGATION. ThiS Lease and each Schedule shall be governed by the laws of Iowa. YOU AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED TO THIS LEASE WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. 4. FACSIMILE SIGNATURES. You agree that a facsimile copy of thiS Lease beanng authorized signatures may be treated as an onglnal. 5. TITLE. Except for any software covered by thiS Lease (the "Software"), We are the owner of and have title to the EqUipment. We do not have title to the Software. We are not responSible for the Software or the obligations owed by either You or the licensor under any License Agreement for the Software. If You properly exercise the purchase option, If any, for the EqUipment, You understand that We do not own the Software and cannot transfer It to You. Except as prOVided In thiS paragraph, all references to "EqUipment" In thiS Lease Includes the Software. 6. NET LEASE. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND OTHER AMOUNTS DUE FOR THE ENTIRE LEASE TERM NO MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF YOU NO LONGER CAN USE IT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE TO US OR TO ANYONE TO WHOM WE TRANSFER THIS LEASE, WHETHER YOUR CLAIM ARISES OUT OF THE LEASE, ANY STATEMENT BY THE VENDOR, OR ANY MANUFACTURER'S OR VENDOR'S LIABILITY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE. THIS LEASE IS A "FINANCE LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS THIS LEASE IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS SIDE AND ON THE REVERSE SIDE, ALL OF WHICH PERTAIN TO THIS LEASE AND WHICH YOU ACKNOWLEDGE HAVING READ. THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE THE EXECUTION OF THIS LEASE, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED. LESSOR: GreatAmerica Leasing Corporation LESSEE: (As Stated Aba ) By: Date Accepted: ~ Signature Title: Title: MUNICIPAL CERTIFICATE I, the underSigned, hereby certify that the IndiVidual who executed thiS Lease had at the time of execution of thiS Lease full power and authOrity to execute thiS Lease and that all reqUired procedures necessary to make thiS Lease a legal and binding obligation of the Lessee have been followed I also do hereby certify that payments due and payable by the Lessee for the current fiscal year are Within the current budget and are Within an available, unexhausted and unencumbered appropriation. Addltlonally, the EqUipment IS essential to the Immediate performance of the governmental department listed above AGENCY OFFICIAL Date Signed: x Mum-LeaseAgreement- TwoPage--GALC(0801) 1 of 2 "1 GreatAmerica" .....::::..... LEA SIN G COR P 0 RAT ION LESSOR: GreatAmenca Leasing Corporation P.O. Box 609 Cedar Rapids, Iowa 52406-0609 NON-APPROPRIATION OF FUNDS ADDENDUM This Addendum will become part of that certain Lease Agreement # 32 I 0 (;;2.-- dated as of ("Agreement") between Lessor and C , ..\- 0 It- - 10 --€ _ ("Lessee"). All capitalize terms used in this A endum which are not defined herein shall have the meanings given to such terms in the Agreement. You hereby represent and warrant to Us that as of the date of the Agreement, and throughout the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of the Agreement full power and authority to execute the Agreement; and that all required procedures necessary to make the Agreement a legal and binding obligation of the Lessee have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Agreement Term only by You and only to perform such function; (c) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted and unencumbered appropriation. In the event You are not granted funds in future fiscal years for the Equipment subject to the Agreement or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to You to pay the Rent and other payments due under the Agreement, and there is no other legal procedure or available funds by or with which payments can be made to Us, and the appropriation did not result from an act or omission by You, You shall have the right to return the Equipment in accordance with the section in the Agreement titled, Location, Inspection and Return of EqUipment and terminate the Agreement on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify in wnting that (a) funds have not been appropriated for the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally available for payment of Rent. If you terminate the Lease because of non-appropriation of funds, You may not purchase, lease or rent, during such fiscal period, equipment performing functions similar to those performed by the Equipment for a period of twelve (12) months. LESSOR: LESSEE: GREATAMERICA LEASING CORPORATION By: By: Printed Name: Title: Title: e'l y /o/."4H'" , t/ /Ofr;'S- Date: Date: AMENDMENT TO MUNICIPAL LEASE AGREEMENT This Amendment is to that certain Municipal Lease Agreement No. 3Z. f (PO 1- (the mL~ase") by 8;.n..d between GreatAmerica Leasing Corporation ("'GreatAmerica") and Co \ -\'\ f) + 1~ " T AN r ~ S ("'Lessee"'). o All capitalized terms used in this Amendment, which are not otherwise defined herein, shall have the meanings given to such terms as in the Lease. GreatAmerica and Lessee have mutually agreed that the following amendments be made to the Lease: The following is hereby added to the end of the section entitled INSURANCE: mFor as long as You are self-insured, Your statement of self insurance will satisfy Your obligations under this section." Except as specifically amended by this Amendment, all other terms and conditions of the Lease shall remain in full force and effect. LESSOR: GREATAMERICA LEASING CORPORATION LESSEE: Printed Name: By: ~ -t::~,. Printed Name: /'-tic,. ~( ( (9"1"'-1 Title: Ci7 /'o/fA.;J(/' Date: lo/vhJ- '" I By: Title: Date: