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Home My WebLink About5.552 Original Contract ICO@CIDDG@ RICOH BUSINESS SYSTEMS, INC. ~ BRANCH ADDRESS: TERM AND RENT ... EQUIPMENT ... .) INITIAL TERM ~/.) MONTHS MONTHLY RENTAL PAYMENT $ 51f/. J. :!> (PLUS APPLICABLE TAX) SECURITY DEPOSIT $ ff - (CHECK MUST ACCOMPANY LEASE) DESCRIPTION QUANTITY I 1t'/'f}Jf) I 3'-1 ~ M~EI /)4.1 I t.~fJ ,~e.,-.. EQUIPMENT ,S'y~ EQUIPMENT LOCATION. IF OTHER THAN BILLING ADDRESS OF LESSEE ..3;t I €.~" 'b1.. ftJ/'i- fJ,c,}.t,f'.e..s. TERMS AND CONDITIONS LESSEE ... 3. NO WARRANTIES: We are renting the Equipment to you "AS IS" WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of thiS Agreement any warranbes made by manufacturer or supplier to us NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER ISANAGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THISAGREEMENT 4. ADDITIONAL COVENANTS AND REPRESENTATIONS: You represent, warrant and covenant that (I) you are a state or fully constituted pollbcal subdiVISion or agency thereot, (Ii) the execution, delivery and performance by you of thiS Agreement has been authonzed by all necessary acts on your part; (III) this Agreement consbtutes a legal, valid and binding obligation on you enforceable In accordance With its terms and does not Violate any cltyltown, district, county or state statute, rule, regulabon, or other governmental prOVISIon, (IV) you Will do or cause to be done all things necessary to preserve and keep thiS Agreement in full force and effect, (v) you have complied With all blddmg, heanng and other reqUirements under all applicable laws. rules and regulabons where necessary and by due nobfication presented thiS Agreement for approval and adopbon as a valid obllgabon on your part; (VI) you have suffiCient appropnabons or other funds available to pay all amounts due hereunder for the current fiscal penod, (VII) you Will be the only entity to own, use and operate the EqUipment dunng the term of thiS Agreemen~ and (VIII) It IS your mtent to make all payments provided for herein for the full term of thiS Agreement, If funds are legally available Therefore and In that regard you represent that the need and use of the EqUipment IS immediate and essenbal to your proper, effiCient and economic operabon, which need and uses are not temporary or expected to diminish In the foreseeable future The words YOU and YOUR mean the Lessee The words WE, US, and OUR refer to the Lessor indicated on reverse. 1. RENTAL ("AGREEMENT"): We agree to rent to you and you agree to rent from us the equipment listed above ("Equipment") You promise to pay us the rental payment according to the payment schedule shown above The parties Intend thiS Agreement to be a finance lease under Article 2A of the Uniform Commercial Code 2. TERM AND RENT: The Inlbal term shall commence on the day that any of the EqUipment IS delivered to you ("the Commencement Date"). The Installments of rent shall be payable In arrears. at the bme and in the amounts provided above, commencing on the Commencement Date and subsequent payments shall be due on the same date of each successive penod thereafter unbl all rent and any addlbonal rent or expenses chargeable under thiS Agreement shall have been paid In full Lessee obligation to pay the rent and other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, set-off, defense or counter- claim for any reason whatsoever c. ~ (;)f &d LESSEE(FLtL LEGAL NAME) P.O.k 1160 BILLING ADDRESs' Jhcl 1111JeJ.e~\ (.JA OQ.,}IL<. ... wtf STATE 9~312 , P PHONE NO DATED THIS AGREEMENT IS NOT CANCELABLE EXCEPT AS PROVIDED UN R SECTION 5 HEREOF BYX PRINT NAME h^ck/ r?~04-"\ THE TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE ARE MADE A PART HEREOF 5. NON.APPROPRIATION OF FUNDS: In the event no funds are appropnated or are otherWIse unaVailable In any fiscal period for lease payments due under thiS Agreemen~ you Will Immediately nobfy us of such occurrence and thiS Agreement shall terminate on the last day of the fiscal penod for which appropnabons were received Without penalty or expense to you of any kind except for Lease Payments for which funds were appropnate You agree to return the EqUipment to us In compliance With Section 6 of thiS Agreement NotWIthstanding the foregOing, you agree (I) that you will not cancel thiS Agreement under the prOVISions of the secbon If any funds are appropnated by you or to you for the acqUlslbon. retenbon or operabon of the EqUipment or other eqUipment Similar to the EqUipment for the then current fiscal penod or the next succeeding fiscal penod and (i1) that you Will not dunng the Inlbal term (lnlbal. renewal and extended thereof, or for the longest penod allowable by law). give pnonty In the appllcabon of funds to any other functionally Similar equipment Upon such non-appropnatlon of funds, you will prOVide, upon our request. your counsel's legal opinion confirmmg the non-appropnalion and prOViding suffiCient proof thereof ThiS seclion shall survive the terminabon of thiS Agreement MUNICIPAL LEASE LEASE ORIGINAL FORM ??q-Rl r 6. OWNERSHIP, REDJ;LIVERY,AND RENEW~I:: We are the owner of the Equipment and have title to the Equipment To protect our rights in the Equipment In the event this , Agreement I~ deterrTllned lOb's ~ security. ~gre~ent you hereby grant to us a secunty Interest In the Equipment and all proceeds, products, rents, or profits therefrom. In states where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument In respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and refiled and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose You agree to payor reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such Instrument or statement No more than one hundred etghty (180) days but not less than ninety (90) days prior to the expiration of the Inlbat term or any renewal term of this Agreement you shall give us written notice of your intenbon to retum the EqUipment to us PrOVided you have given such timely nobce, you shall return the EqUipment, freight and insurance prepad, to us In good repair condition and working order, ordinary wear and tear excepted, in a manner and to a location deSignated by us If you fal to so notify us, or haVing notified us, you fall to return the EqUipment as proVided herein, this Agreement shall renew for addibonal terms of ninety (90) days each at a periodiC rent equal to 100% of the lease payments provided heretn. 7. OPTION TO PURCHASE: We hereby grant to you, provided you are not in default hereunder, the option to purchase, "AS-IS" Without express or Implies warranbes, all (not part) of th e EqUipment at the expiration of the term of thiS Agreement at its then Fair Market Value plus all applicable taxes. B MAINTENANCE, RISK OF LOSS AND INSURANCE: You are responsible for installing and keeping the EqUipment In good working order Except for ordinary wear and tear, you are responsible for protecbng the EqUipment from damage and loss of any kind. If the equipment IS damaged or lost you agree to continue to pay rent You agree dunng the term of this Agreement, to keep the Equipment fully Insured against loss, naming us as loss payee, to obtain a general public liability insurance policy from a company acceptable to us, including us as an Insured on the policy. You agree to prOVide us cerbficates or other evidence of insurance. If you do not you agree that we have the nght but not the obllgabon to obtain such Insurance, in which event you agree to pay for all costs thereof 9. INDEMNITY: We are not responSIble for any losses or Injunes caused by the rnstallabon, or use of the Equipment You agree to reimburse us for and to defend us against any claimS for losses or Injuries caus~d by the EqUipment 10. TAXES AND FEES: You agree to pay when due or reimburse us for all taxes, fees, fines and penalties relabng to use or ownership of the EqUipment or to thiS Agreement. now or hereafter imposed, leVied or assessed by any state, federal or local government or agency EQUIPMENT LOCATED IN CERTAIN STATES is subject to sales tax laws which require that tax be pald'up front If you choose to pay this tax up front you lTIay Include, With your secunty depOSit or advance payment, your check for the current percent of tax applied to the cost of EqUipment If you do not include it up front then you hereby authonze us to advance the tax and Increase your monthly payment by an amount equal to the current tax percentage applied to the monthly lease payment shown above 11. LOCATION OF EQUIPMENT: You will keep and use the Equipment only at your address shown above and for business purposes only. You agree that the EqUipment Will not be removed from that address unless you get our wntten permission in advance to move it 12. DEFAULT AND REMEDIES: If you (a) fall to pay any lease payments or any other payment hereunder when due, or (b) fall to perform any of the other terms, covenants or conditions of thiS Agreement after ten (10) days wntten notice, or (c) become Insolvent or make an assignment for the benefit of creditors; or (d) a receiver, trustee, conservator or liquidator IS appOinted on your behalf with or WithOut your consent you shall be In default under thiS Agreement and we may, to the extent permitted by appliCable law, exercise anyone or more of the follOWing remedies (I) declare due, sue for and receive from you the sum of all lease payments and other amounts due and owing under this Agreement or any schedule thereto plus the sum of all lease payments for the unexpired term of thiS Agreement or any schedule thereto, plus the present value of (x) the sum of the lease payments for the unexpired term of thiS Agreement or any schedule hereto discounted at the rate of 6% per annum, and (y) the anbclpated value of the Equipment at the end of the Inlbal term or applicable renewal term of the Agreement (but In "0 event less than 15% of the original cost of the Equipment discounted at the rate of 6% per annum and upon recovery of the same In full, the EqUipment shall become your property, (II) to similarly accelerate the balances due under any other Agreements between us, (III) to take Immediate possession of the EqUipment (IV) charge you Interest on all mOnies due us from and after the date of default at the rate of one and one third percent (1-1/3%) per month unbl paid but In no event more than the maximum rate permitted by law, (v) require you to return all Equipment at your expense to a place reasonably designated by us; (vi) to charge you for all expenses Incurred in connection WIth the enforcement of any of our remedies, including all costs of collecbon, reasonable attorney's fees, and court costs Whenever any payment IS not made by you when due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our , \collecbon expenses, an amount calculated at the rate of ten cents per one dollar for each such delayed payment or $15 00, whichever IS higher, but only to the extent permitted by law Such an amount shall be payable In addlbon to all amounts payable by you as a result of the exercise of any of the remedies prOVided herein All our remedies are cumulative, are In addlbon to any other remedies prOVided for by law, and may, to the extent permitted by law, be exerCised etther concurrently or separately ExerCise of anyone remedy shall not be deemed an e1ecbon of such remedy, or to preclude the exercise of any other remedy. No failure on our part to exercise any nght or remedy and no delay in exercising any nght or remedy shall operate as a waiver of any nght or remedy or to modify the terms of this Agreement A waiver of default shall not be construed as a waiver of any other or subsequent default. 13. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN THIS AGREEMENT OR SUBLEASE, PLEDGE OR OTHERWISE ENCUMBER THE EQUIPMENT We may sell, assign or transfer thiS Agreement. You agree that If we sell, assign or transfer thiS Agreement, the new owner Will have the same nghts and benefits that we have now and Will not have to perform any of our obllgabons You agree that the nght of the new owner Will not be subject to any claims, defenses, or set-offs that you may have against us In the event of a sale. assignment or transfer, we agree to remain responsible for our obllgabons hereunder 14. CONSENTTO JURISDICTION AND GOVERNING LAW: YOU CONSENT TO THE PERSONAL JURISDICTION OFTHE COURTS OF THE STATE OF NEW JERSEY WITH RESPECT TO ANY ACTION ARISING OUT OF ANY AGREEMENT, GUARANTY, SETTLEMENT AGREEMENT, PROMISSORY NOTE OR OTHER ACCOMMODATION OR AGREEMENT WITH US THIS MEANS THAT ANY LEGAL ACTION FILED AGAINST YOU AND/OR ANY GUARANTORS MAY BE FILED IN NEW JERSEY AND THAT YOU AND/OR ANY OFTHE GUARANTORS MAY BE REQUIRED TO DEFEND AND LITIGATE ANY SUCH ACTION IN NEW JERSEY You and all guarantors agree that service of process by cerbfied mall, return receipt requested, shall be deemed the eqUivalent of personal service In any such acbon However nothing In this paragraph shall be construed to limit the junsdlcbons In which SUIt may be filed by any party to thiS Agreement or the means of obtaining service of process In any such suit Any legal action shall be governed by and construed according to the laws of the State of New Jersey TO THE EXTENT PERMITTED BY LAW, YOU WAIVE TRIAL BY JURY IN ANY ACTION. YOU HEREBY WAIVE ANY AND ALL RIGHTS AND REMEDIES GRANTED YOU BY SECTION 2A-508 THROUGH 2A-522 OF THE UNIFORM COMMERCIAL CODE 15. CUSTOMER P.O.: You agree that any Purchase Order Issued to us covenng the lease of thiS EqUipment IS Issued for purposes of authonzabon and your Internal use only, and none of Its terms and condlbons shall modify the terms and condllions of thiS Agreement 16. ENTIRE AGREEMENT: ThiS Agreement consbtutes the enbre agreement between you and us With respect to the subject matter hereof and no modlficabons of thiS Agreement shall be effeclive unless in wnbng and Signed by the parties All representabons and Indemmficabon obllgabons shall survive termination of thiS Agreement ACCEPTED BY RICOH BUSINESS SYSTEMS, INC., LESSOR BY TiTlE DATE \.. FORM 229-R2 ~~ ~ ~....,~ o ~ORT ANGELES 5. 55~ vI CITY'OF WAS H I N G TON, U. S. A. FINANCE DEPARTMENT July 7,2005 Attn: Customer Services Ricoh Business Systems 21146 Network PI. Chicago, IL 60673-1211 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Contract #: 900-0005345-000 Good Day: Please let this letter serve as notice that at the end of lease, the City of Port Angeles, Washington wishes to cancel its lease with Ricoh Business Systems for the E-650~ Identification No. 33464, and return it to the leasing company. It is my understanding that within 30-days of the end oflease, which is November 16,2005, I may call and schedule the pick-up for this machine. If you require any additional information, I can be reached by phone at 360-417-4600, by fax at 360-417-4609, or bye-mail atchagar!G)citvofpa.us. Thank you for your assistance in this matter. Sincerely, ...D ru U1 I"'- U1 <:Q ...D ru U.S. Postal ServiceTM CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) f'tUt1f a ~.~ Carol A. Hagar /"--" -0 Administrative Assistant ICIAL Postage $ U1 Cl Certified Fee Cl Cl Return Receipt Fee (Endorsement Required) Cl Restricted Delivery Fee IT" (Endorsement Required) ITl , Cl Postmark Here Total Postage & Fees $ U1 ~ ~{~~Q_ft__~~_*_.4m_~_t~_:~~m__mmmm______ "treet, Apt. No.; L/,/\/. ~!..':.f:!_':~~_f'!~_'i?!./.._____~____..._€Z:f!.}_{}.&L~._.e~__>?___________ Clty,Alate, ZIP+4 / 7 (!,!l-ICA6-iJ / L 6 CJC#1 3 - f~11 PS Form 3800, June 2002 See Reverse for Instructions 321 EAST FIFTH STREET · POBOX 1150 · PORT ANGELES, WA 98362-0217 PHONE 360-417-4600. FAX 360-417-4609. TTY 360-417-4645 E-MAIL FINANCE@CI PORT-ANGELES WA US