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HomeMy WebLinkAbout4.507 Original Contract </. 5D7 FIELD ORDER FORM ORDER NillvIBER: 1198 J)IGrr).\l COpy S!RVICES~ INC. Corner of Trant and(j(ace Streets 834 'East Pront Street, Port ;41lfJeCes, 'W;4 98362, (360) 452-2827 D New Customer Ship to Customer: ~ I Sold to Customer' ~ CITY OF PORT ANGELES POLICE DEPARTMENT 321 EAST 51 H STREET PORT ANGELES, WA 98362 CITY OF PORT ANGELES POLICE DEPARTMENT 321 EAST 51 H STREET PORT ANGELES, WA 98362 DCOD I D ORDER TO BE FILLED I rg] ORDER DELIVERED I D CREDIT MEMO EQUIPMENT I2l 0 D EQUlPMENr D OLD I2l 0 NEW SALE SALES SERVICE EQUIPMENT SALES SERVICE DELIVERY INSTALLATION LOANER LOANER PICKUP' TRADE-IN LOANER LOANER METER 116/t<) t/ ~ METER READING: d- 80 ,~~ READING: .' lEASE' AGREEMENT VENDOR:. GREATAMERICA LEASING TERM IN PURCHASE OPTION AT END: SERVICE INCLUDED BASE MONTHLY SECURITY DEPOSIT. ADVANCE PAYMENT. MONTHS CHARGE. (LESS TAX). 48 0$1.00 rg] FMV DYES $235.29 $0 $0 o 10% DNONE o NO MAIN>TENANCE, AGREEMENT TYPE: State of Washington Contract-Cost per Copy TERM IN SERVICE TYPE SUPPLIES INCLUDED BASE SERVICE CHARGE BASE COPY OVERAGE CHARGE MONTHS (LESS TAX)' ALLOWANCE: (THEREAFTER): 12 ~ FSMA 0 SMA rg] YES no paper $0 0 .09~ t)~/tU o RENT 0 T&M o NO or staples ORDER PURCHASE SHIP VIA: WARRANTY ATTACHED REP. EQUIPMENT DAn: DATE: 'ORDER: PERIOD: ADDENDUM INITIALS TRADE-IN: INSTALLED: 06/14105 004690 Our Truck I2lYES DNO SW DYES I2INO 8j<fl0-$' QUA'NT/TV PRODUCT NO: SERIAL NO; PRODUCT DESCRIPTION UNITPRICE TOTAL I-EACH AR-BC260 55000553 SHARP FULL COLOR COPIER I-EACH AR-DI9N 5E005783 DUPLEX/DUAL TRAY MOD. I-EACH AR-F13 A3ARF13A SADDLE STITCH STAPLER I-EACH AR-RB 1 5E007393 BYP ASS/DUPLEX INVERTOR I-EACH AR-LC8 4E006I Y HIGH CAPACITY PAPER DK I-EACH D5I33NT SURGE PROTECTOR COMMENTS: SUBTOTAL: TAX EXEMPT: 0 YES TAX NUMBER: TAX (.083) : AUTHORIZING AUTHORITY: (PRINT) I KEY OPERATOR: (PRINT) TOTAL: The undersigned has (I) received In good condltton and has accepted all DCS ElectrOniCS products listed above. (2) venfied the senal numbers listed above. (3) venfied the copIer meter shown IS correct; (4) acknowledges receIpt of all Terms and Condlttons, MSD Sheets, and other Addendum. Customer Acceptance: ~~_.... TIUe: CZ?~' tY". Date: 4/f.yaS- SHARR Sharp Electronics Corporation Sharp National Account Program PO Number Approval Number 321604 Date: Rep Code: Sales Manager: 7/28/05 DT DH NOTICE OF INSTALLATION Customer Installation location: CITY OF PORT ANGELES POLICE DEPT. 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. Attn: Steve Webb 834 EAST FRONT STREET, SUITE B PORT ANGELES WA 98362 PHONE# 360-452-2827 Comments: $160.00 FOR MEMORY 2560 EQUIPMENT DESCRIPTION Material No Quantity Inst. Date Shipped Serial No. Inst. Serial No. Meter Reading ARBC260P 1 0 ..- - - - - ARBC260 1 fJ/8/tI~ 55000553 .5S000.:>53 k5? 0 ARD19P2 0 - - - - - ARD 19N 1 8Ig/o~ 5".e CJ6$'7S:3 5EOO5?33 - - ARRB 1 1 ~ff/~.s 5EOO7?J93 S~oo7ij93 - - ARF13Pl 0 - ...-. - - - ARF13 1 <6/1'/05 IIJifJ,f ~ Jg 11- /}~/I;( ~/g/f - - ARLC8Pl 0 "-- - - - - ARLe8 1 8j?fr5' 4&006/ Y ~l.3oo ~I 'I - - ARD5133NT 1 g/g/IJ~ r , -- - - - 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 reading is correct. Installation Date: y Customer Acceptance: ~~:: Customer Name: Dealer: 'D/&;f/J-/ {loPl/ SI5~tI';e&.5, I}/6 I I ' TITLE: PAGE 1 of2 /j SHARR Order# Sharp Electronics Corporation Sharp NatIonal Account Program PO Number Approval Number 321604 Date: Rep Code: Sales Manager: 7/28/05 DT DH EQUIPMENT DESCRIPTION Material No Quantity Inst. Date Shipped Serial No. Inst Serial No. Meter Reading ARPK4P1 0 - "- - - - ARPK4 1 '5/? It}:;" C413S0Z 111 0413 !!:61.- 371 - -- ARC26TBU 1 S(r/a :; - - ~ ARC26TCU 1 ,?flg-Io 5,/ - - - - ARC26TMU 1 S;~'5'/{,lS - -- - - ARC26TYU 1 gli/os - - - - I i - - PAGE 2 of 2 1!1GreatAmerica" ~ I.I!A$IHG COII,"OR.rl'O" 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 3 Z \ l,p 0 Y KARO WORK . INTEGRtTY .. EXCELl.EHCE LESSEE (hereinafter also referred to as "You" or "Your") Full Legal Name c.',~ 0+ ~ <;. S~ ~-\-(e.e..\ State Zip County 3' 6 1-- c:. \ A \\AM Address 3~\ E A-~\ VENDOR (Vendor IS not GreatAmenca's Agent nor IS Vendor authonzed to waive or alter any term or condi Name City State 1)\ . I ~ \ Qi) Sef \) \t. ~ -:I:t-Jc 83l.\ E:. sr I ON T S~. 'S\.o-l-h. B ~{l A TERMS AND CONDmONS. PlEASE READ CAREFUU Y BEFORE SIGNING Quantity Type, Make, Model Number of EqUipment Rented \-e.1'! o See attached schedule for additional equipment. UIPMENT LOCATION If other than above City State '(o\"'c..~ "Y< c.,/~ M~l'4 \- SA-Me. AJ. &....e~<;..) 48 MONTHLYRENTALPAYMENTSOF$ ~35. ~ County plus tax SECURITY DEPOSIT $ FAIR MARKET VALUE 1.00 OR OOTHER % of 1. MUNICIPAL LEASE AGREEMENT. Subject to the terms of thiS Lease, GreatAmenca leasing Corporabon (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 rEqulpment") or In any schedule rSchedule") incorporabng thiS Lease Agreement ("Lease") by reference that IS signed by You and approved by Us. The lease of Equipment descnbed In thiS Lease and the lease of EqUipment described in each Schedule Will consbtute 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 modlficabons of thIS Lease shall be effecllVe unless In wrrtmg and signed by the parnes. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Aa:eptance of the eqUipment OCQlrs upon delivery. When You receive the EqUipment, You agree to inspect It and venfy by telephone or m writing such Informabon 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 UTIGATION. 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 CDNSENT 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 authonzed signatures may be treated as an original. 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 In the Software. We are not responSible for the Software or the obhgabons owed by elther You or the licensor under any Ucense Agreement for the Software. If You properly exercISe the purchase opbon, 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 Indudes 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 UABIUTY 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 LE~5SEE: (As Stated ~~_ By: Date Accepted: X _~~ Signature Sig re TIlle: Date Accepted: ~ ~ ~ TIlle: MUNICIPAL CER11FICATE I, the undersigned. hereby certify that the indiVidual who executed thiS Lease had at the time of execunon of thiS Lease full power and authonty to execute thiS Lease and that all reqUired procedures necessary to make thIS Lease a legal and binding obhganon of the Lessee have been followed I also do hereby cerbfy 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 appropnabon Addlbonally, the EqUipment 15 essenbal to the Immediate performance of the governmental departmen' above. AGENCY OFFI A Date Signed: x ~ MU:1I4.BaSel>qeemenHwoPage-GALQ0801) 1 of 2 7. DISCLAIMER OF WARRANTIES THE EQUIPMENT IS BEING LEASED TO YOU IN -AS-IS" CONDITION. NO INDIVIDUAL IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS LEASE. YOU AGREE THAT WE HAVE NOT MANUFACTURED THE EQUIPMENT AND THAT YOU HAVE SELECTED THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. YOU HAVE NOT RELIED ON ANY STATEMENTS WE OR OUR EMPLOYEES HAVE MADE. WE HAVE NOT MADE AND DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY CLAIM THAT YOU MAY HAVE OR ASSERT AGAINST THE VENDOR OR EQUIPMENT MANUFACTURER, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. You are aware of the Equipment manufacturer and You will contact the manufacturer for a descnpbon of Your warranty nghts, If any Provided You are not In default under thiS Lease, You may enforce all warranty nghts directly against the manufacturer of the EqUipment You agree to settle any dispute You may have regarding performance or maintenance of the EqUipment directly With the manufacturer or Vendor of the equipment. 8. TERM, RENT AND SECURITY DEPOSIT Payments are due monthly, beginning the date EqUipment IS delivered to You, or any later date designated by Us and contInuing on the same day of each following month untIl fully paid We may charge You a reasonable fee to cover documentation and InvesbgatIon costs. Seamty depoSit IS refundable to You when the Lease expires, prOVIded all Lease terms and conditIons have been properly fulfilled by You Secunty depoSits and rental payments may be commingled and do not earn Interest You may not payoff thiS Lease In full and return the equipment pnor to the end of the Lease term Without our consent and We may charge You, In additIon to the other amounts owed under thiS Lease, an early terminatIon fee equal to five percent (S%) of the total amount We paid for the EqUipment. NON-APPROPRIATION OF FUNDS. You Intend to remit all rent and other payments to Us for the full Lease term If funds are legally available. In the event You are not granted an appropnatIon of funds at any time dunng the Lease term for the Equipment subject to thIS Lease 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 and to become due under thIS Lease, and there is no other legal procedure or available funds by or With which payments can be made to Us, and the appropnatIon did not result from an act or omISSion by You, You shall have the nght to return the equipment In accordance With Seebon 11 of thIS Lease and terminate thiS Lease on the last day of the fiscal perIOd for which appropnatIons were received WithOUt penalty or expense to You, except as to the pornon of rent for which funds shall have been appropnated and budgeted. At least thirty (30) days pnor to the end of Your fiscal year, Your Chief Execubve Officer (or Legal Counsel) shall cerbfy In wnbng that (a) funds have not been appropnated for the fiscal penod, (b) such non-appropnatIon did not result from any act or failure to act by You, and (c) You have exhausted all funds legally available for the payment of rent. IF You terminate thiS Lease because of non-appropnatIon of funds, You may not purchase, lease or rent, dunng such fiscal penod, equipment performing functions Similar to those performed by the EqUipment for the duration of the full onglnal term of the Lease. ' 9. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us tha.t as of the date of the Lease, and throughout the Lease term: (a) You are a State or a fully consbtuted pollbcal subdiVISIon or agency of the State In which You are located; (b) You are duly organized and existing under the Constltubon and laws of the State In which You are located; (c) the EqUipment IS essenbal to the Immediate performance of a govemmental or propnetary function by You Within the scope of Your authonty and shall be used dunng the Lease term only by You and only to perform such function; (d) You Intend to use the EqUipment for the enbre Lease term and shall take all necessary actIOn to Indude In Your annual budget any funds reqUired to fulfill Your obligatIons for each fiscal year dunng the Lease term; (e) You have complied fully With all applicable law governing open meebngs, public bidding and appropnabons reqUired In connection WIth the Lease and the acqulslbon of the EqUipment; Your obligatIons to remit rent under the Lease constitutes a current expense and not a debt under applicable state law. No proviSIOn of the Lease consbtutes a pledge of Your tax or general revenues, and any provlSllln which IS so construed by a court of competent JunsdlCbon is VOId from the Incepbon of the Lease; (f) You shall comply WIth the Informabon repornng requirements of SectIon 149(e) of the Code. Such compliance shall Include, but not be limited to, the execubon of 8038-G or 8038-GC Information Returns. 10. USE AND MAINTENANCE. You agree that the Equipment WIll be used for bUSIness purpose only. You will keep the equipment In good repair, condlbon and working order, except ordinary wear and tear, and Will furnish all parts and 5erVIClng reqUired. Equipment supplies and maintenance are not part of this Lease. You may modify the EqUipment only WIth Our pnor wntten consent 11. LOCATION, INSPECTION AND RETURN OF EQUIPMENT. You Will not move the EqUipment From Its location noted In the Lease without Our prIOr wntten consent. We will have the nght to enter the premises where the equipment IS located, In order to confirm the existence, conditIon and proper maintenance of the EqUipment At the expiratIon of the Lease term or other termination, You Will Immediately return equipment at Your expense in Average Saleable ConditIon, to such place as IS deSignated by Us. "Average Saleable ConditIon" means the EqUipment IS Immediately available for use by another lessee WithOUt the need of any repair or refurbishment Should You fall to retum the equipment at the end of the Lease term, renewal of the Lease Will be automatic on a monthly basIS, despite wrJtten notiflCaboo from You lD the contrary. 1:2. LOSS OR DAMAGE. You assume and bear the nsk of loss or damage lD the equipment If the EqUipment IS lost or damaged, You agree lD replace or repair the equipment and to continue lD pay rent 13. INSURANCE. You will keep the equipment fully Insured against loss, for not less than the replacement cost of the Equipment, and will obtain a general public liability Insurance policy, covenng the equipment and Its use. You will name Us as an additional named insured and any loss payee on any such policy and WIll provide Us WIth certificates or other eVIdence of Insurance acceptable to Us, before thIS Lease term beginS. In the event You fall lD procure the Insurance required, We may obtain such Insurance and charge you an Insurance fee. Any Insurance proceeds recetved With respect to the equipment Will be applied, at Our option, (i) to repair, restore or replace the equipment, or (Ii) lD pay to Us the remaining balance of the Lease plus Our esbmated residual value, both discounted at 6% per year, whereupon thIS Lease will terminate. 14. INDEMNITY. We are not responSible for any losses or inJunes caused by the Installation or use of the Equipment, and You agree lD indemnify Us With respect lD all claims for losses Imposed on, Incurred by or asserted against Us Indudlng attorney's fees and costs of defense, plus Interest, where such dalms In any way relate lD the equipment Furthermore, You agree, If requested by Lessor, lD defend Us against any daims for losses or InJunes caused by the equipment 1.5. TAXES. You agree that You Will pay when due either directly or by rermbursmg Us, aU taxes relabng to this Lease and the EqUIpment. 16. DELINQUENT AMOUNTS AND ADVANCES. IF any rent or addibonal amounts required to be paid by You under thIS Lease are not paid when due, such overdue amount WIll accrue Interest, from the due date until paid, at the lower one and one-half percent (1.5%) per month or the highest rate aUowed by applicable law. In addition, You Will pay Us a "late charge" equallD: 1) the greater of ten (10) cents for each dollar overdue or twenty-soc ($26.00) dollars; or 2) the highest lawful charge, whichever IS less. This late charge Will be due and payable WIth the next monthly rental payment due. In the event that We have lD make advance payments of any land to preserve the leased property, or lD discharge any tax, the amount advanced by Us WIll be repayable by You lD Us, lDgether with Interest until paid. 17. DEPAUL T AND REMEDIES. Any of the follOWing events or conditions will constitute default hereunder: (a) You fall lD pay any sum due Us on or before the due date thereof; (b) You Fall lD observe or perform any other term, covenant or condition of thiS Lease and such failure conbnues for ten (10) days follOWIng the receipt of wntten notIce from Us; (c) the filing by or against You of a petition under the Bankruptcy Code or under any other Insolvency law pl'llVJdlng for the relief of deblDrs; (d) the voluntary or Involuntary making of an aSSIgnment or sale of a substantial pornon of your assets, appolnbnent of a receiver or trustee for You or for Your assets, commencement of any formal or Informal proceeding for dissolution, IIqulClation, settlement of dalms agaInst or wmdlng up of Your affairs, or You cease doing bUSIness as a gOIng concern; (e) any representation or warranty made by You herem or In any document delIVered by You in connection here Will prove to have been misleading In any matenal respect when made; or (f) You are In default under any other contract with Us. Upon the occurrence of an event of default, We may, at Our option, require You pay 1) aU past due amounts under thIS Lease, and 2) all future amounts owed for the unexpired term, discounted at the rate of 6% per annum. Upon a default, We may also choose to repossess the equipment IF We do not choose lD repossess the equIpment, You Will also pay lD Us our esbmated residual value for the equipment. We may also use any other remedies available to Us under applicable law. Although You agree that We have no obligatIon to sell the equipment, If We do sell the equipment, We WID reduce the amount You owe by what We receIVe, less applicable expenses. These remedies WIll be applied, lD the extent allowed by law, cumulatrvely. In addlbon, You agree to pay Us all costs and expenses, Including atlDrney's fees, Incurred by Us, In exeroslng or attempbng lD exercISe any of its rights or remedies. IF thiS Lease IS deemed to create a secunty Interest, remedies will Include those available under Artide 9 of the UCC. A waiver of default shall not be construed as a waIVer of any other or subsequent default 18. ASSIGNMENT AND PURCHASE ORDER. YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS LEASE. We may sell, assign or transfer thIS Lease or Our nghts In the equipment. You agree that if We sell, assign or transfer thiS Lease, the new owner will have Our rights, but It Will not be subject to any claun, defense or set-off that You assert against Us or any other party. 19. MISCELLANEOUS. If a court finds any proviSion of thiS Lease lD be unenforceable, the remaining terms of thiS Lease shali remain In effect. All of Your wntten notIces to Us must be sent by cerbfied mall. You agree that thIS Lease IS the enbre agreement between You and Us regarding the lease of the equipment and supersedes the terms and condlbons contained in any purchase order relatIng to the EqUipment 20. OPTION TO PURCHASE AND RENEW. Provided You are not In default, We grant You the option to purchase all (not part) of the eqUipment at the expiration of the term of thiS Lease at the Purchase Opbon amount stated on the front, payable In cash to Us or Our Assignee, AS-IS, WHERE IS, WITH NO EXPRESS OR IMPLIED WARRANTY. Renewal of thIS Lease WIll be aulDmabc, on a monthly basIS, unless You deliver to Us wntten notIce at least sIXty (60) days poor to the expiration of the term or the renewal term 21. CUSTOMER WAIVERS. You waIVe notJces of Our Intent to accelerate the rent, the acceleration of the rent and of the enforcement of Our nghts. To the extent You are permitted by law, You waIVe all nghts and remedies You have by Arbde 2A (SectIOns 508-522) of the Uniform Commeraal Code, Indudmg but not lunlted lD Your rights lD: (I) cancel or repudiate the Lease; (Ii) reject or revoke acceptance of the equIpment; (Iii) recover damages from Us for any breach of warranty or for any other reason; and (IV) grant a secunty Interest In any equipment In Your posses51On. To the extent You are permitted to by law, You also waIVe any nghts You now or later may have under any statute or otherwise which require Us to sell, lease or otherWIse use any EqUipment to reduce Our damages or which may otherwise limit or modify any of Our nghts or remedies. Any actIon You take against Us for any default, Indudlng breach of warranty or Indemnity, must be started Within one (1) year after the event which caused rt. We will not be liable for specfic performance of thIS Lease or for any losses, damages, delay or failure to delIVer the eqUipment You authonze Us to sign on Your behalf and file at any ome any documents In connectIOn with the UCC. . '.. .,.\. 2 of 2 InrtJa~ - M""-l..e"s,,Ag_n_ TwoPag&.GAlq0201) AMENDMENT TO MUNICIPAL LEASE AGREEMENT This Amendment is to that certain Municipal Lease Agreement No. .s~ / hot! (the '"Lease'") by and between GreatAmerica Leasing Corporation (IIlGreatAmerica'") and r1 rry t'f PORI IfNC,E'leS (IIlLessee'"). 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: IIlFor as long as You are self-insured, Your statement of self insurance will satisfy Your obligations under this section. n 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 By: LESSEE: Printed Name: By: ~ cf2,; r- ./ Printed Name:~ekl:" / ~MA Title: ~ ~...t:!:-- Date: ~~h J I Title: Date: OCT-05-2005 10:44 From:Account Servlces ~ -4 GreatAm'er1ca ~~-,-,..- '.-""..-- Municipal Lease Agreement --..---. 1IIdI1 -..aL_...'I:;.'-"'" I.,..oIII;Q;)OI.'~ ...."".......,1 d"'IUII"ty 625 Flrs[ Street 5[, GP,d~f R.aplds, I^ 52401 .. -: ...-.... -'-~1 --....... .-............-,....- -- .-- ....-....... L......~L: r~u ~ ........ HAl'IQ ~f\K . INT",~jTl' - tiIi'__t:~"'G LIt'( '3~ \ ~ A-s.... ~-\-r<'~..\ ~, O. &'>:.l. \ \ SO VENDOR (\lendof Ir. Ilfll GI..~lAIIII""'~I"~ AUI'III nnr ;" VI:ndor uulnorizcd to wulve or illter allY term or condltl n or this Aglllement) Namll City ~t~tc "D\ ',~\ Qo S,,,f\>\U. 'J,::"-Jc.. 831.\ E. ~'Oo-!ol 5+. 'S~\ -te l3 ~(.,..~" TERMS AND CONDmONS. PLEASE READ CARffULl Y BEFORe SIGNING; TYPe, Milke, MOdel N\lmber or Equipment Rented ~1(po3 - oCl County 3"6')...... Q. \ A \\Ahl QU_llIllly \,e.A - 5~ '2. Df \ : 2.1.0 ff[r) ~\\ ~\I.)R ~o'\e~ LI..'l....~'"'- QI..\.O~i. ~. ~I.le~ 1 ....,. 'I.......\'""~~fi.: A(.l.- D l ~ N -f'J- JM;....fS.,B \ I &.&:..E\ '3 ~p I . AR. - L Co ~- P \ ~ \) .5",3 '5 ~ '\ ~ f.Kll.. - .€.\..,..~ Q. N\\.(.I!\OI ") '2 S1.. ~ ~ 6'~ .:..J o Sea <.itt.:lc:hed sChildulp. tl'lf ,!c;lr:li~lon(lJ eqUIpment. UIPMENT LOCATION If nthl"r rn<'ln <'Ibove City SI~\I~ ?oY.c..~ ~< l:O"l'~f'I'."lIl\- SJly~( A~~t-eS.~) 48 MONT11l Y RENTAL PAYMENTS OF $ plus tax SECURITY DE~OSrr $ CQl,lntY FAIR MARKET VALUE 1.UO OR 0 OTHER % of e ul m@nt cost 1. MUNICIPAL L~A$I! AGRI!I!HE!NT. Subj~ to tne terms or tnJslease, Grpat^mptlCill.pa~lll!J (;nlflr,lIillll)fl (,"~IJ rcrCrrl'd to uS 'wc", "u." ~nd' our') agree. to 11I~51l to lessee (also I efenl!d In a, "YOu" and "YO\,l,"', "nt.! Yuu "\lr"" La I"~~,, from Us, the aqulpmont described above ('Equlprnenr") <:Ir In MY r.enl:d\,ll~ ("Scnedule") IOCOI pol atlng U11~ I,"'':' A~_m~nt ("Lease") by J eterence lJlat Is slgn<:<l by Y()u dIll,! "PPI\,I~"t.l l>y U.. Tnu Ic~asll of Equipment described In tnl9 Leue .!Inn In" l~~r.~ n1 F.1'j\"r'lrncnt dcsCllbcd In eilcn Scnedule will o>""tltute '8r>ar~1'to 1...lng r"'n~qll)n., e~en Of whlcn is refened to Ile'eln a, 3 Lease Th,~ Lr.:"~,, cun~ln. tnll entire aM'ilnllement between You ond Il~ Mrl no modlnGlllolls Qf tnls Lease snail be elT~Cve unless In wrl~ng and signed by ll1e parnes. 2. bCLlVIiRY AND ACCIiPTANf;E QF I;QUIP,",I;NT AcccP~ncc of tne I:qulplne,)t OO:~r'lo ~p<,)n (I~h""ry. Wnc:n y"u r<:(;QIVQ the ~lluJpment, You agree to In~pp. t Ir ,,,,11 ycnfv by tz:1<:phollc or In writing sucn Informatloll a9 We rn8Y requlra. Ynu h.lOlhY ~lIrh"rl7" U~ to either In5err or correct lJle Lea~ Il\,lmi,)cr, ""ri~J numb~n;, modlll numbers, beqmnlll9 datI>. ~JgnaIJlIt) ,1,1"", .11,(1 YI)yr 'Id"'I:, ONC~ YOU SIGH THIS lEASE AND lESSOR ACCEPTS IT, THIS LEASIi WILl. BIi /lIO"'CANCELLABLI! POR, THE FULL LEASE TERM. 3. GQVI!Il,NINC;: LAIAI, CONSENT TO JURISDICTION AND VENUE OF Lnl,"A'J'I~le.!l~l!o ond M~ Sr,1'l~rj,)le ~n~1I be !lovclllcd by lIle!; IQ"'~ ",r I~"'Q" YOU At;I"-EE 'I'Hll't ANY DISPUTE! ARISING UNDI!Il, Oil. R.I!LATED TO THIS L $ rGjADJUDICATI!D I" THIl PIlDliRAl. OR. STATE COURT LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY COI'ISEN't To PERSO A II, NiVI!NUI! IN THAT COURT AND WAIvE ANY RIGHT TO Tll.ANSFEIt VENUE. EACH PAR'n' WAIVES ANY RIGHT TO A TAR . 4. FACSIMILE SIGNATURES. You ~qr_ lt1~t a faC!iIfTllle cODY CJt lJllS l~a~e bealing ~utn yll" I ~~In;li' S. TITLE, Except for any sortwale covered by tills Lear.e (Nl" h<;,~nw.lIt"i. Wr; _''': l~/: ~ncr of ~nd h~ do l'IolC~'V. Illl. tc~<: ~o1't'....~r8, w~ 3l1!! 1I1,1~ ro:-~"","~itJl~ rur In., S"ftw~rt: or the obllll~tlons owed by elthcr Yoll or the licensor Under arr{ L1~nse ^gr~ , e !.I ~rc If You propclly "crci.e the pun:hG'c I)ptlOn, ,f any. fOr tne Equlpmenr. You unael'!:l3na lhat wt: (10 IIul uwrr !ht: Sllltw~rll _nd c~nn"t trolnsfer It to Yoo, E eef> lllded In tnl~ I"~n.g"'(lh, ;:Ill n:fcrcnccs to 'Cqulpm.nr" in rhl~ I ..~o:.. .nel\,o...-; rtI" 50ftula"~ 6. NI!T Ll!ASE. YOU AGREE THAT YOU ARE UNCONDI'fIONALLY DBLIGATI!D TO PAY All. R.I!NT Af'lP Ol'tll!R AMOUNTS DUe POll. THl: l:NTIRE lI!AS!! TeR.'" NO "'_TT~R WHAT HAPPl:NS, I!YEN IF THE EQUIPMENT 15 DAMAGED OR DeSl'ROYED, Iii IT lS Del'l!!CTlVl! OR. JI' YOU NO LONGER CAN usl; IT. YOU AR!!! NOT I!NTITl.ED TO REDU~I! OR SET-OFF ACiAINST R.ENT OR OTHER A....OUN'fS Dull TO Us QR TO ANYONe 'to WHOM WE r~ANSFER. THIS Ui,ASG. IilIHGTHGR .,OUR CLAIM ARiSEs OUT OP THI!! LI!An, ANY STATEMENT BY THE VENDOR, OR ANY MANUFACTUR.eR'S OR VENI)OR'S LIABILITY. S'1'RICT L1ABILITY OR NECilLlCiiENCE OR OTHERWIse. '1'HIS LEASIll Is A .Pl...ANCI! LI!ASI!- AS t1EI'INI!D IN ARTICLE 2A OF THE UNIFOA.M CO,","'ER.CIAL CODE. <;C[;: RGVGRSF. 511)1;" FOR ,l.Or,1TIONAL TERMS ANl~ c..:olllul'l'lONS THI~ LEAS!: I~ ::;UOJI:CT TO HII; HRMS AND CONDITIONS PRINTED ON THI1:i 1:iIiH' MD ON TI1I; REVijRSF. Sloe, AI.l OF WHICH rERTAIN TO THIS ~ejl.$r;: AND WHILH YOU AC;KNOWI..I;DC;;E HAVING REAO THIS LJ;ASJ; IS NOT OINDING UNTIL ACC!;PHD BY LESSOR YOu I.:ffol'J'II'-Y ^LL M;TIONS ReQUIRED TO AUTHOIUZE THE t::xH..u rI[)N ()~itrHI LeA:;!;;, INCLVPING YOUR, AUTHORITY, 1M VI: Dt:t:N rULr-ILL~D, lESSOR: GreatAme~C1'~a n~Jcorporation , (2. / LBSEf: (A: Stated A~~ , By: /(MVn {(..(.. J'l~""A'-"""pt"rl' &'/7- I~,S ~,_~ O~t<:AcQlPted: lIlT'"" Si<JnQ~u.... ( r ~p Tide: Til":: MUNICIPAL CERTIFICATE I. (ho ~ndo~J~nQd, nereby certify .nallne Individual wno eKecuLed tnls LaBsa 11ml nllh,)lirn" III """~III1111l III II,,", L"~,,.., filII /l"wor "n" nl'l~only 10 a.ocute lhJ9 Leage aM tha' 011 tequlr&d procedur81! nl!lcl!Il!l.~ary to rT\~ko thr5 L..el.~:nsle. ., 11'190:11 Iilnd hlnnmg ohllg.,llon of Ihe:: 1.f.l.:'.~.fl:O h~""Q hQOI\ 111110,,",0(1. 1 ulso do tlCI'<!by celllly Ul~l ....yIllCIl!.:l \lyC ant.! "~YQbl<: by 1.'1<: Lc:s_ fer the curl'1lnt f1sQlI yeor are wltnln tne current bUdget and al e wlttJlll ~n .W~IL1h":, "(":)(h"U~Il:d ,lnd un~nn.lmberP.d applopllatlon Ml1ltlol\dlly, lIl" E41.1Ip"II;1I11~ ,,:l,;,,"LI~llu Ln" Immt:diolte ~rform_nC<l of tnn llo\IGrnml3l1tJl depa t listed aoolle. AGI!"'CY 01' Date Slgn@d' f1";V~ ........I-t..~""~ T""Po"...GAl;;(IllI01) 1 or 2 OCT-05-2005 10:45 From:Account Servlces ~ AMENDMENT TO MUNICIPAL LEASE AGREEMENT This Amendment is to that certain Municipal Lease Agreement No" 3~ I ~otj (the "Lease'") by and between GreatAmerics Leasing Corporation ("'GreatAmencslO) and (!.. rry tff Pf)~"T /lN~EI#;.s ("Lessee'"). 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: GREA TAMERICA LEAS~G CORF'ORA TION By: KJ.}) {,; n f( ~t. rI--' LESSEE: F'd"t.....y N....1l ,.... BY'~~~_'_ ,..rllllcou N""III"'; -r-""t1~;,/ M"-!!!::7 Title: CZ;:J ~~e7-no. Dull,J; ~/~,e.,/c:>i'::r- r Title: 00 CW'IYlvyJn.. f,'Q'y/ B/;. ?-./b 5 I I O.:;lto; ORIGINAL OCT n.5 2aO~ FIELD ORDER FORM DIGITAL COpy SERVICES, INC. Comer of Pront and CJ{ace Streets 834 P.ast Pront Street, Port ;4.ngefes, W;4. 98362, (360) 452-2827 I Sold to Customer ~ City of Port Angeles 321 East 5th Street Port Angeles, WA 98362 <1.507 ORDER NUMBER:6323 IZI New Customer Ship to Customer' ~ City of Port Angeles Police Department 321 East 5th Street Port Angeles, WA 98362 DCOD I [8] ORDER TO BE FILLED I D ORDER DELIVERED I D CREDIT MEMO ,", , [8] 0 0 o OLD [8] 0 EQUIPMENT NEW SALE SALES SERVICE EQUIPMENT EQUIPMENT SALES SERVICE DELIVERY INST ALLA TION LOANER LOANER PICKUP TRADE-IN LOANER LOANER METER 34 METER READING: ,q \ 110~ READING l:.EASEAGREEMENT VENDOR: Great America Leasing TERM IN PURCHASE OPTION AT END SERVICE INCLUDED BASE MONTHLY SECURITY DEPOSIT ADVANCE PAYMENT MONTHS CHARGE (LESS TAX) 48 D $1,00 [8] FMV DYES $130.38 $0.00 $0.00 D 10% DNONE [8] NO MAINTENANCE AGREEMENT lYPE: State of Washington Contract -- Cost per Copy TERM IN SERVICE TYPE SUPPLIES INCLUDED BASE SERVICE CHARGE BASE COPY METER CHARGE MONTHS (LESS TAX) ALLOWANCE (THEREAFTER) Per the [8] FSMA D SMA [8] YES no paper $0.00 0 $0.0125 Contract D RENT D T&M D NO or staples ORDER PURCHASE SHIP VIA: WARRANTY ATTACHED REP. EQUIPMENT DATE DATE: ORDER: PERIOD: ADDENDUM INITIALS TRADE-IN : INSTALLED: 5/27/05 Our Truck [8] YES DNO SW DYES [8] NO 8/04/05 QIJANcTlTY PRODUCT NO. SER/AL NO. PRODUCrDESCR/PTlON' : UNIT: PRICE TOTAL I-EACH AR-M277 55011494 DIGITAL COPIER I-EACH AR-D22 55003984R TWO 500 SHEET PAPER TRAY I-EACH AR-FN5N 45000489 SORTER/STAPLER I-EACH AR-237 ABH No Serial CABINET STAND I-EACH AR-PS3IOO No Serial NETWORK EXPANSION KIT I-EACH D5133NT No Serial DIG. SURGE PROTECTOR COMMENTS: SUBTOTAL: TAX EXEMPT: DYES TAX NUMBER: TAX (.083) : AUTHORIZING AUTHORITY: (PRINT) I KEY OPERATOR: (PRINT) TOTAL: The undersIgned has (1) received In good condItion and has accepted all DCS Electromcs products lIsted above, (2) venfied the senal numbers lIsted above, (3) venfied the copier meter shown IS correct, (4) acknowledges recel t of all Terms and ConditIOns, MSD Sheets, and other Addendum Customer Acceptance: Title: ~~. Date: c7/(i}/& " SHARR Order# Sharp Electronics Corporation Sharp National Account Program PO Number Approval Number 321603 Date: Rep Code: Sales Manager: 7/28/05 DT DH NOTICE OF INSTALLATION Customer Installation location: CITY OF PORT ANGELES POLICE DEPT. 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. Attn: Steve Webb 834 EAST FRONT STREET, SUITE B PORT ANGELES WA 98362 PHONE# 360-452-2827 EQUIPMENT DESCRIPTION Material No Quantity I nst. Date Shipped Serial No. Inst. Serial No. Meter Reading ARM277P2 0 - .-. - - - ARM277 1 8-4-05 55011494 sse I \~q'1 0 0 0 0 3 1 ARFN5N 1 <6-4-0$ 450004 <<09 4SoooJ\ 89 - - ARD22 1 g- 4 -oS 55003984R SSoO'S9<34R - - ARPS3100Pl 0 - - - - - ARPS3100 1 8-4\--05 No Serial No ~\I'\-\ - - The Undersigned has: (1) Received in good condition and has accepted all Sharp Electronics products listed above; (2) Verified the senal numbers listed above; (3) Verified the copier meter reading is correct. Customer Acceptance: Installation Date: M Customer Name: Dealer: PAGE 1 of 1 -V-J\~\ ~O(~ SeN'\U~SJ TN~. ~~1?efii~r',.J1- TITLE:. ~ ~ ty- f~ GreatAmerica' ,-l.e.\SIIfG C:ORflQIl4fIOH 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 3 2. \ ~ 03 HARD WOfm . INTEGRITY . EXCEllENCE Address City ~. Q ,DO~ \ \S 0 0(, ~f\ VENDOR (Vendor IS not GreatAmenca's Agent nor IS Vendor authonzed to waive or alter any ter Name City '1), ',\Jl,.\ Co Sel 0\t€... :tl\lc.. 8'3'\ E. F(ON~ 5\.. 5u."~(. B 0....\ A TERMS AND CONDmONS. PlEASE READ CAREFULl. Y BEFORE Type, Make, Model Number of Equipment Rented State Zip WA q ~3b2- County 321 Q \~\\14~ or condition of thIS Agreement) State e\-e.S GNING U)A- q ~3'6 2- Quantity Senal # \-eA o See attached schedule for additional eqUipment. E UIPMENT LOCATION if other than above City (\ State o \',c.< V~<:>~( ~Me~.\ (-SAM~ A&CJ.J'!.Ss.) .A Q \'20. ~.~ ~ 0 MONTHLY RENTAL PAYMENTS OF $ _ ~ ..,...... County plus tax SECURITY DEPosrT $ FAIR MARKET VALUE 1.00 OR 0 OTHER % of UI ment cost 1. MU NICIPAL 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 descnbed In thiS Lease and the lease of EqUipment described 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 modlflcatlons of thIS Lease shaD be effective unless in wntlng and signed by the parties. 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 writing such Information as We may reqwre. You hereby authonze Us to either Insert or correct the Lease number, senal numbers, model numbers, beginning dale, 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 facslrmle copy of thiS Lease beanng autl10nzed sIgnatures may be treated as an original. S. TITLE. Except for any software covered by this Lease (the "Sottware"), 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 Sottware or the obligations owed by etther You or the licensor under any license Agreement for the Software. If You property 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 thts paragraph, all references to "equipment" in thIS Lease ,ndudes the Software. 6. NET LEASE. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND OTHER AMOUNTS DUE FOR THE ENTIRE LEASE TER.M 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 Above) By: Date Accepted: X Date Accepted: Signature Signature Tltle: Tltle: 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 authonty to execute thIS Lease and that all reqUired procedures necessary to make thiS Lease a legal and binding oollgatlon 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 depa listed above. AGENCY OFFICI Date Signed: 4Yrr- MIIlH.ellS8AgreM1enl- TwoPage.GAlC(OS01) 1 of 2 7. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO YOU IN "AS-IS. CONDITION. NO INDIVIDUAL IS AUTHORIZED TO CHANGE ANY PROVISION OF THIS LEASE. YOU AGREE THAT WE HAVE NOT MANUFACTURED THE EQUIPMENT AND THAT YOU HAVE SELECTED THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. YOU HAVE NOT RELIED ON ANY STATEMENTS WE OR OUR EMPLOYEES HAVE MADE. WE HAVE NOT MADE AND DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY CLAIM THAT YOU MAY HAVE OR ASSERT AGAINST THE VENDOR OR EQUIPMENT MANUFACTURER, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. You are aware of the EqUipment manufacturer and You will contact the manufacturer for a deSCription of Your warranty nghts, If any. ProVided You are not In default under thiS Lease, You may enforce all warranty nghts directly against the manufacturer of the EqUipment. You agree to settle any dispute You may have regarding performance or maintenance of the EqUipment directly With the manufacturer or Vendor of the EqUipment. 8. TERM, RENT AND SECURITY DEPOSIT Payments are due monthly, beginning the date EqUipment IS delivered to You, or any later date designated by Us and continuing on the same day of each follOWing month until fully paid. We may charge You a reasonable fee to cover documentation and Investigation costs. Secunty depoSIt IS refundable to You when the Lease expires, prOVided all Lease terms and conditions have been properly fulfilled by You. Secunty depoSits and rental payments may be commingled and do not earn Interest. You may not payoff thiS Lease In full and retum the EqUipment pnor to the end of the Lease term Without our consent and We may charge You, In addlbon to the other amounts owed under thiS Lease, an early termination fee equal to five percent (5%) of the total amount We paid for the EqUipment. NON-APPROPRIATION OF FUNDS. You Intend to remit all rent and other payments to Us for the full Lease term If funds are legally available. In the event You are not granted an appropnatlon of funds at any bme dunng the Lease term for the EqUipment subject to thiS Lease 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 and to become due under thiS Lease, and there IS no other legal procedure or available funds by or With which payments can be made to Us, and the appropnatlon did not result from an act or omISSion by You, You shall have the nght to retum the EqUipment In accordance With Section 11 of thIS Lease and terminate thiS Lease on the last day of the fiscal penod for which appropnatlons were received WithoUt penalty or expense to You, except as to the portIon of rent for which funds shall have been appropnated and budgeted. At least thirty (30) days pnor to the end of Your fiscal year, Your Chief executIVe Officer (or Legal Counsel) shall CertIfy In wnbng that (a) funds have not been appropnated for the fiscal penod, (b) such non-appropnatIon did not result from any act or failure to act by You, and (c) You have exhausted all funds legally available for the payment of rent. If You terminate thiS Lease because ,of non-appropnatlon of funds, You may not purchase, lease or rent, dunng such fiscal period, equipment performing funCOons Similar to those performed by the EqUipment for the duratIon of the full anginal term of the Lease. 9. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that as of the date of the Lease, and throughout the Lease term: (a) You are a State or a fully constituted political subdiVISion or agency of the State In which You are located; (b) You are duly organized and existing under the Constitution and laws of the State In which You are located; (c) the EqUipment IS essential to the Immedlilte performance of a governmental or propnetary function by You Within the scope of Your authonty and shall be used dunng the Lease term only by You and only to perform such function; (d) You Intend to use the equipment for the entire Lease term and shall take all necessary aCOon to Indude In Your annual budget any funds reqUIred to fulfill Your obligatIons for each fiscal year dunng the Lease term; (e) You have compiled fully With all applicable law govemlng open meetings, public bidding and appropnaoons required In connection With the Lease and the acqulsloon of the EqUipment; Your obligatIons to remit rent under the Lease constitutes a current expense and not a debt under applicable state law. No proVISIOn of the Lease constitutes a pledge of Your tax or general revenues, and any provISIOn which IS so construed by a court of competent JUrisdictIon IS VOid from the Incepllon of the Lease; (f) You shall comply with the Informallon reportIng requirements of Section 149(e) of the Code. Such compliance shall Indude, but not be limited to, the execullon of 8038-G or 8038-GC Informallon Retums. 10. USE AND MAINTENANCE. You agree that the EqUipment Will be used for bUSiness purpose only. You Will keep the EqUipment In good repair, condition and working order, except ordinary wear and tear, and will furnish all parts and servICing required. Equipment supplies and maintenance are not part of thiS Lease. You may modify the EqUipment only with Our pnor wntten consent. 11. LOCATION, INSPECTION AND RETURN OF EQUIPMENT. You Will not move the EqUipment from Its location noted In the Lease without Our prior wntten consent. We WIll have the nght to enter the premises where the EqUIpment IS located, In order to conflnm the exrince, conl!lltlon and proper maintenance of the EqUipment. At the expiration of the Lease term or other termination, You Will Immediately return eqUipment at Your expense In Average Saleable Condition, to such place as IS destgnated by Us. . Average Saleable Condition" means the EqUipment IS Immedliltely available for use by another lessee WithOUt the need of any repair or refurbishment. Should You fall to retum the EqUipment at the end of the Lease term, renewal of the Lease Will be automatic on a monthly basIS, despite WrItten notIflcatlon from You to the contrary. 12. LOSS OR DAMAGE. You assume and bear the nsk of loss or damage to the EqUipment. If the EqUIpment IS lost or damaged, You agree to replace or repair the equipment and to continue to pay rent. 13. INSURANCE. You will keep the equipment fully Insured against loss, for not less than the replacement cost of the Equipment, and Will obtain a general public liability Insurance policy, covenng the equipment and Its use. You Will name Us as an additional named Insured and any loss payee on any such policy and will provide Us with certJficates or other eVidence of Insurance acceptable to Us, before thIS Lease term beginS. In the event You fall to procure the Insurance required, We may obtain such Insurance and charge you an Insurance fee. Any Insurance proceeds receiVed With respect to the equipment Will be applied, at Our option, (I) to repair, restore or replace the eqUipment, or (II) to pay to Us the remaining balance of the Lease plUlS Our estimated residual value, both discounted at 6% per year, whereupon this Lease Will terminate. 14, INDEMNITY. We are not responSible for any losses or InJunes caused by the Installa1lon or use of the equipment, and You agree to Indemnify Us With respect to all claims for losses Imposed on, Incurred by or asserted against Us Indudlng attorney's fees and costs of defense, plus Interest, where such dalms In any way relate to the equipment. Furthermore, You agree, If requested by Lessor, to defend Us against any claims for losses or InJunes caused by the equipment. 1S. TAXES. You agree that You Will pay when due either directly or by relmbulSlllg Us, all taxes relating to thIS Lease and the EqUipment. 16. DELINQUENT AMOUNTS AND ADVANCES. If any rent or addlllonal amounts required to be paid by You under thIS Lease are not paid when due, such overdue amount WIll accrue Interest, from the due date unol paid, at the lower one and on~alf percent (1.5%) per month or the highest rate allowed by applicable law. In addition, You Will pay Us a "late charge" equal to: 1) the gneater of ten (10) cents for each dollar overdue or twenty-SIX ($26.00) dollars; or 2) the highest lawful charge, whichever IS less. This late charge Will be due and payabie With the next monthly rental payment due. In the event that We have to make advance payments of any kind to preserve the leased property, or to discharge any tax, the amount advanced by Us WIll be repayable by You to Us, together with Interest until paid. 17 . DEFAULT AND REMEDIES. Any of the follOWing events or conditions Will constitute default hereunder: (a) You fall to pay any sum due Us on or before the due date thereof; (b) You fall to observe or perform any other term, covenant or condition of this Lease and such failure continues for ten (10) days follOWing the recetpt of wntten notice from Us; (cl the filing by or against You of a pelltlon under the Bankruptcy Code or under any other Insolvency law providing for the relief of debtors; (d) the voluntary or Involuntary making of an aSSIgnment or sale of a substantial porbon of your assets, appointment of a receiver or trustee for You or for Your assets, commencement of any formal or Informal proceedrng for dissolution, liquidation, settlement of dalms against or Winding up of Your affairs, or You cease dOing bUSIness as a gOing concern; (e) any representation or warranty made by You herem or In any document delivered by You In connection here Will prove to have been mlSteadlng In any matenal respect when made; or (f) You are In default under any other contract With Us. Upon the occurrence of an event of default, We may, at Our option, require You pay 1) all past due amounts under thIS Lease, and 2) all future amounts owed for the unexpired term, discounted at the rate of 6% per annum. Upon a default, We may also choose to repossess the eqUIpment. If We do not choose to repossess the EqUipment, You Will also pay to Us our esomated residual value for the equipment. We may also UlSe any other remedies available to Us under applicable law. Although You agree that We have no obligatIon to sell the EqUipment, If We do sell the Equipment, We Will reduce the amount You owe by what We recetve, less applicable expenses. These remedies Will be applied, to the extent allowed by law, cumulatively. In addition, You agree to pay Us all costs and expenses, Including attorney's fees, Incurred by Us, In exercISing or attempting to exercISe any of Its rights or remedies. If thiS Lease IS deemed to create a secunty Interest, remedies will Include those available under Arode 9 of the UCC. A waiver of default shall not be construed as a waIVer of any other or subsequent default. 18. ASSIGNMENT AND PURCHASE ORDER. YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS LEASE. We may sell, assign or transfer thIS Lease or Our rights In the EqUipment. You agree that If We setl, assign or transfer thiS Lease, the new owner will have Our rights, but It Will not be subject to any claim, defense or set-off that You assert against Us or any other party. 19. MISCELLANEOUS. If a court finds any prOVISIon of thiS Lease to be unenforceable, the remaining temns of this Lease shall remain In effect. All of Your wntten notices to Us must be sent by certified mall. You agree that thiS Lease IS the enllre agreement between You and Us regarding the lease of the EqUIpment and supersedes the terms and conditions contained In any purchase order relallng to the EqUipment. 20. OPTION TO PURCHASE AND RENEW. Provided You are not In default, We grant You the option to purchase aO (not part) of the equipment at the expiration of the term of thiS Lease at the Purchase Option amount stated on the front, payable In cash to Us or Our Assignee, AS-IS, WHERE IS, WITH NO EXPRESS OR IMPLIED WARRANTY. Renewal of thiS Lease Will be automatIc, on a monthly basIS, unless You deliver to Us wntten notice at least sIXty (60) days prior to the expiratIon of the term or the renewal tenm. 21. CUSTOMER WAIVERS. You waIVe notices of Our Intent to accelerate the rent, the acceferallon of the rent and of the enforcement of Our rights. To the extent You are permitted by law, You waive all nghts and remedies You have by ArtJde 2A (Sections 508-522) of the Uniform CommerCial Code, Indudlng but not limited to Your rights to: (I) cancel or repudiate the Lease; (II) reject or revoke acceptance of the equipment; (III) recover damages from Us for any breach of warranty or for any other reason; and (IV) grant a secunty Interest In any EqUipment In Your possession. To the extent You are permitted to by law, You also waIVe any nghts You now or later may have under any statute or otherwise which reqUire Us to sell, lease or otherwise use any EqUipment to reduce Our damages or which may otherwise limit or modify any of Our nghts or remedies. Any action You take against Us for any default, mdudlng breach of warranty or Indemnity, must be started Within one (1) year after the event which caused It. We Will not be liable for specfic performance of thIS Lease or for any losses, da"!ages, delay or failure to deliver the EqUipment You authOrIZe Us to sign on Your behalf and file at any time any documents In connection with the UCc. ,( . , .... ~" 2 of 2 InltJ~ ----- Munt-leaseAgreemenl-TwoPage-GALQ0201 ) AMENDMENT TO MUNICIPAL LEASE AGREEMENT This Amendment IS to that certain MunicIpal Lease Agreement No. 32 \ 10 0""3 (the '"Lease"') by and between GreatAmenca Leasing CorporatIon ('"GreatAmencall) and C-.~ .:.+ 70("\ A NJ~ \( S ('"Lessee"). 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. GreatAmenca 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 remaln.in.full force. and.effect. . LESSOR: GREATAMERICA LEASING CORPORATION LESSEE: BY:~..;;a~ Printed Name: ~c.t:/ t!j2.t.A Title: ~ ~r- Date: ~A.T By: Pnnted Name: Title: Date: OCT-05-2005 10:43 From:Rccount Servlces ~, GreatAmerica' ~lllAsl!Ola a.,1I1110IlATI.,. Municipal Lease Agreement LESSOR: GrelltAmerfca l@a~ing Corpt:ltatlol'l@ 62$ First Street 55, CcdOJr R<:lpldS, IA S';!401 PO Box 609, Cedar R.3pld~, IA 52406.0609 Leas" No 3 Z. I L:. 0.3 HARD WCIM . IIllT'EGRI rr . !:XC!l..U!NCl! City ~. Q ,p/:)-:( \ \S'O C~L.Ijlo:y Q \-.0 \ \ 14l1Mo WA q $3362- Quantity Senal It \-eA 550\\'-\~"4 ss 00 ~ , 4Sooo,", ~q o See i.lttathed schedule for additional equipment. E UIPMENT LOCATION if other than ilbove CIty (\ Sl::Jtl:! o '",e:. Co V '<. ~~ ",,",",C...,l~ ( S AM\(. AlJt!:i..~v:.G.s C2 ~ 40 MONTHLY ~NTAl PAYM!!N1'5 01" $ \ "30. ~ plus tax 5eOJIUlY DEPOSIT $ CQunty FAIR MARKETVALUE 1.00 OR 0 OTHER UI mcnt cost MUNICIPAL L.l!ASE AGR.I!!M!NT. Subjcg; b:I th. tarm5 of thlll UtIS8, GrutAmena Utulnll COlj:lOrldon (11so rlll'emld tIJ 15 'wrt', 'Us" Ind 'Our") agrees talease ll) L.e:I~ {119Q r~ to ~, "'(QU- and -Yo"t"). ijN;! YQI.J ~9r~ ~ leose from U" I:!l.. l;$Ilpmcnt dl:iCl1b~ ~b<:l"e (-t;ql.llP/Tlc:nt") or in any sd'lcdulCl ("Sd1l1duhll'ilnl;tlfFoOl'ldnll thlli l.ea~ 119~.",t ("l.ease") by referenc;e tnat IS S1gno:'d tJy YOU and appl'O.,<<I tJy l,l~, 'tn~ lease or Equipment deu:rlb."s In tnls Lea::c lIr'1d tI1.. IJ:o>$C uf l!Qulpmo:nt d=lbud In ud'l S<:Ileo:lule will <l)nlldD.l~ ""pIIPl1'- 1....lng tr':InJIleI:!Ml, Ud'l r.ti "'hid'! i~ r1lfIWrOI(ll'(l "_In 'I ~ L._. 11114 "-'1IlI <;Ill1l:lllll m. ""'rite arr.1n9Ol!T1ent botw~n You and l,ls and no modlftCll1lon1 0' tha LaIlM shllU bl! I!!fedMo unl_ In "'r1~n!l anrl slgnltd by '". plr1la DIlt.%VElR.'t' AND ACCEPTANl:;1l apI;QUIPMI!NY. A(l;ePt:\nc:c rJt mil "quIPm<:nc ()I%Jlr:; upon delll<C..". INII.." YI')U =~ mo EqulPmcn~ YOIJ ~gr<!lt!! tQ Il'ISPe(I: It ~nd varlfy boy IIII~hon' ar In wrltlng llI.Ic:h Infaml;RIcn illl W. mil'f ~ul",. You hllr'llb,l authorl:z:8 ~ !I:I elttl... INlIlrt <:11' =mld: ltIe ~ numl:l!lr, sfll1lll numb~, /T>l:ldel nUmber:!, tw:glnnlng r.I~lI:, :olgnature I:!~te, anI:! Y.,ur nllme. (IIU;:!! YQU 5~GN THIS LeAS!! lIoltg l.~lII!IQR. ACCI!PTS IT, nus L.!.6SI! WILL Ell! NQNCANCl'LUBLI! POR THS PULl., UlAIlS TljRM. lj;QVl!!II.N;I..G L.Aw, CQN51!"T TO 'URI5Plc;n:ON ANI) VI!JIlUI! 01' LITIGAnOIlll. this Lca:;o: ~nd I::.lleh Sc:hcdulCl ~h~lIl)ll pcmcd by l;ha lilW1l or l~. YO U AGD.GB T";.T ANY C1XSJiUTll AIUSlUIG UltDBA. olt IlSLATSo TO TMJSI LSASll:! WILL 811 AD,UDICATllO XN TIUl P8DllRAI, OR. STATIl CQUII., lOGATED IIIl CEDAR lUPIDS, IOWA. YOU HERfBY CONSENT To peRsonAL JUR..JSbICTI ....0 YI!NuE 1N ........,. COUllY AND WAIVl! ANY !lIGHT TO TR.AN$Pfll VI!NUI!. EACH PARTY WA~Ve$ ANY ~C;tlT TO " TJUAL BY ,UIlY. PACSIMILD ~1C:NA'tURII$. Yau agr~ !!lilt a !'IIo:51m11e o:tpyllt tnl, W5I: ~lIng aUltlar1r=d slgnl!ll:uf'e!l m TITLe. ~t fur any sottw.ll'1!l OOlI'l!lrIId by thl5 l.MIi8 (the 'So1'twafl!lj, We are me awnl!ll' ot and h_ tltl ~ ~~ Software. we an:: rll~t rdpgn:llbl.. for thCl Safbra", Of" th'll obt9ltkln, -= by =tI'll:f YOIl Of" lh1lI IIm11lKl1" undc;t any Uccnoc f y ~ tn. purdlu", op!lon, Ir any, rar m" Ii!qUlpment. You und~M that We do nll!; awn !tie $Q~re and Canna(! transfer It tI) You, r.lph. ~II rd'er<:nC:l:::: to "SqUIPmenr;" In mil: I,eaSll In(ludes m", Sattwal'1!l. NIlT t.IlASI!. You A~RI!I! 'I''''AT TOU ARS UNr::ONDrrXaN"LL Y OIlUl\ljl.YI!D To PAY Ai,l, IlSIIl.,. AND OTHI!R A"'(1 '" I'OIl TH!! l!HTIRe L.!ASI! TER" NO MATTER WHAT HAPPENS, EVEN IF TH& EQUIPMENT IS DAMAGED OR DESTROYED, IF' IT IS DII11'1l l! OR iP YOu NO LONGER CAN use IT. YOU ARE NOT ENTITLED TO REDUCE'OR SI!T-OPP AGAINST RENT OR OTHER AMOUNTS DUE TO UliI all. TO A.YOlta TO WHOM WI! T"",,Nl5PI!A. THII!I L!!AS!!!, W""H!!!R YOUR CLA:l:H AIlRIS!!!S OUT 0.. 'I'M!! LI!.A8!!!, AJIlV ',AT!!!'" , JIlT II,. TH!! VI!NDOR, OR ANV MANUPACTUllllR'S1 Oil VIINDOR'S lIABILlTY. STRICT L1A81UTY 011 HEfiLIGlIINClI Oil OTHBllWlSlI. TMJS UlA5IlI IS A "lilT. AllieR UIAJlA. lIo!<l . ~ - . ~. ::z.. 3. 4- ~. 6. =>CC ",C YC",:H: ,:)11..11: iV..... ....1.IUL . LV.""""" t C"'I.'~ ""'lIIU ,,"VI'IIVL' ,.....,,,;;:jlI n... ..._ _. "OM__ ____ ___.. __..0 ......... ... .. -.. -- --- . .- . --- --. Cat!: i\c~ptl;!~= Oltl!l AtDlptwa! TlU<<:; MUNICPAL CERTIFICATE ~a~"HrH:g~~~d'~ta:ll"~~'5~;d'f~ ~:~~"'iJ.I~"r.'K~I~A~ 't'O"'CI'Crc;~dr~~elr~~.~&tG~f1:"I:I~,atJ,~"e.:~7:a~a~.J'b':~'n"fOiI(U~13d'. nnoo::.. full 1111_"''' """ '1l1thnnl\l to .xecut. thl... LaAIQ.... Inn l"n.:111 0~ 1 u/ Z OCT 8E'.. ~~S 10."''''' rl-om.nccount c;CI."~-:C~ ^ 1\ IIC"-Jr-'\ " "--=,, IT TIl MI_I I'IlC.JPA LL);'~.=/\C ~.~ MENT TI"llii AIIIr::nUI1I1:~::ll( I:' (I.) (fl~( l,;l::lli:;:\in N1unlCfpnl Lease A~reement No. 32 \ 100:;' ((Ile: '"Lease") by "lnd between GreatAm@nca Leasing Corporation C-GreatAmerlc::a') and ('-'4 -+ ?o(~ A NJlt \c ~ CLessee"). All capitalized terms IJsed m this Amendment, which are not otherwl$e defined herein, shaH have the meanings given ta such terms as in the Lease. G(el;::ltArn~riG(I and Le:;l:;i~e have mutually agreed that the following amendments be made to the Lease: TI....._ f.-.'I-".~""';:J ,... 1....-..-1............ -.~."~....J +.::-. ..,.... ....:, .... II..... .........L;....p. ......\.'-,._...J '",'Q'_'n...A""r:::!c;;;;'. ...p..~ ..'.-. ".'f'~ ..... . '."1 ..'.1,.) ...._.,. 1'..........'..,.)...:11. ... ......)'....Ir UI:IC..,..c..:PI"T.....:IP,"- gr l..:II~I' .....1l..lI..........Cl.P'10C:::OO '.....'11 UCl"'l[.IO'T"j' '1"~_I. ~bli,&..;;..ti""l.:l ",",I-..:;J.~I. thl";>> ',::II\...L.,oo~:V. t." E~cept as specIfically amended by this Amendment, all other terms and conditions of the I ___.-. _&.......11 ...__......;_ ~_ !:'I-.J, r.....__ ....._..... .-,u_.-. LCOOOI'<.: Lcaocc: ~__. jc/A/1 ,J'Yl , . "" .",-" .. Rf,,11. ) ,. /? - 0;"........ .-:-4!--<r~_/~ ~ ___ Printed Name: /i~~/ efl/..~ Title: ~ ~-r.,,~ Date: rfAo,A..r , Printed Name: Title: b D Cu-.m 1/ n/-Lf7' rYJ g/1-5/ DS I I Date: ORIGINAL OCT 0 S l005