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1986-0805_UNITED STATES LEASING CORPORATION_Agreement: LAIM BILL OF SALE AND ASSIGNMENT OF INVOICE «cam Whereas, City of SanJuan Capistrar(dLessee"), has entered into an Equipment Lease dated Augur s. ias5 ("Lease") with United States Leasing Corporation�ssor"), and; Whereas, pursuant to said Lease, Lessor has agreed to purchase and pay for certain Equipment which Lessee has ordered from Xerox Corporation ("Vendor") and Lessee has agreed to accept such Equipment as Agent of Lessor and to lease such Equipment from Lessor, and; Whereas, due to Vendor's internal billing practices, Vendor will invoice Lessee for the Equipment naming Lessor as care/of party and Lessee as sold -to party ("Invoice"). Now, therefore; FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lessee grants United States Leasing Corporation all right, title and interest it may have in and to the ' property described in the Lease ("Property") and any and all Invoice(s) for said Property. Without limiting the above, Lessee disclaims any interest to the Property which may be derived from any Vendor Invoice naming Lessee as sold -to party. Lessee hereby assigns and conveys to Lessor all of its right title and interest in and under the referenced Vendor Invoice(s). Lessee represents and warrants that Vendor will accept the sales tax exemption certificate of Lessor as to the purchaser of the Equipment, that Lessee has the right to assign said Invoice(s), and that Lessor's acceptance of such assignment and payment of the purchase price shall vest title to the Equipment in Lessor free and clear of any encumbrances. Executed this 5th day of August , 1986 L. HASUDORFER, MAY$DR PRO TEMPORE 096SE ATTEST: HOOVER,MARY ANN ' APPROVED AS O FORM: JOHN V HAW, CITY ATTORNEY FA • EXHIBIT A • ADDENDUM TO LEASE BETWEEN United States Leasing Corporation AS "LESSOR" AND City of San Juan Capistrano AS"LESSEE" DATED August s 19 86 This addendum shall become a part of the above -captioned lease ("Lease") IF, BUT ONLY IF, there is an EXPLICIT REFERENCE to this Addendum on the face of the Lease. If funds are not appropriated for any suceeding fiscal year subsequent to the one in which the Lease was entered into which are sufficient to satisfy any or all of Lessee's obligations under the Lease during said fiscal period, and if all the conditions listed below are met, then Lessee shall return the Equipment pursuant to the Surrender provision of the Lease and the Lease will be terminated in accordance with the provisions herein. 1. Lessee has exhausted all funds available for all payments due under the Lease; and 2. The financial or administrative officer for Lessee properly and in a timely manner requested suffi- cient funds to satisfy the obligations due under the Lease and diligently pursued and exercised all reasonable efforts to obtain such funds from the governing body which controls such appropria- tions; and 3. Lessee has paid all rent due during the fiscal period immediately preceding the fiscal period for which sufficient funds were not appropriated; and 4. Lessor has received, within twenty (20) days of the adoption of the final budget.for the fiscal year in question, a written opinion of Lessee's counsel, or other written evidence satisfactory to Lessor, verifying that funds were not appropriated and the occurrence of the events set forth above. No termination of the Lease shall occur without written notification from Lessor to Lessee. If the Lease is ter- minated in accordance with this Addendum, or due to a default prior to the expiration of the Term (or Initial Term) of the Lease, Lessee shall not (1) purchase, lease, or rent equipment performing functions similar to those performed by the Equipment, or (2) obtain services similar to those performed by the Equipment from any agency, service bureau, or entity hired by Lessee until after the expiration of the Term (or Initial Term) of the Lease. This provision survives any termination of the Lease. By execution hereof, Lessee represents, covenants, and warrants that (1) it is a fully constituted political entity, subdivision, or agency of or within a state in which the Equipment is located and is authorized by the con- stitution and laws of such state to enter Into the transactions contemplated by the Lease and to carry out its obligations hereunder, and (2) it has complied with any and all applicable bidding requirements, and (3) it has made sufficient appropriations or has other funds available to pay all rents due under the Lease for the current fiscal year, and (4) it will make bons tide best efforts to include in its annual or biennial budgets amounts suffi- cient to pay all sums due during each fiscal period. The foregoing is approved n agreed to as an Addendum to and part of the Lease. Executed this 5th day Of August 19 LESSOR: LESSEE: By Its 08.250(R".10/80) - 1 -HOME OFFICE 2 -REGION i 9 L. HAUSDORFER, MAYOPRO TEMPORE 3 -LESSEE Y ANN HANOVER, CITY CLERK FORM: MASTER LEASE AGREEMENT AND EQUIPMENT SCHEDULE DUAN. MODEL NO. EQUIPMENT DESCRIPTION AND SERIAL NO. 1 1075 Xerox Duplicating System VENDOR INFORMATION BRANCH NAME BRANCH NO. VENDOR NAME Xerox Corvoration 5710 ADDRESS 3 33 Fairview Street CITY STATE ZIP s M sa CA 92626 SALE RSON'SNAME PHONE Diana Orr 714 966-1193 C. KIND OF BUSINESS YRS, IN BUSINESS AT Muniibi alit OCATIOPN 25 ❑CORP XGOVT 0NON-PROFIT TAX EXEMPTNO.(ATTACH CERTIFICATE) • PROPRIETORSHIP ❑ PARTNER PRIMARY BANK NAME California First BRANCH LOCATION San Juan Cppistrano CONTACT OFFICER PHONE Corp. Officer (714 493-11 IF IN BUSINESS TWO YEARS OR LESS. PROVIDE NAME, HOME ADDRESS, PHONE NUMBER, AND SOCIAL SECURITY NUMBER OF OWNER/ PRINCIPAL. ---------------------------------------------------•------- ---------------------------------------------------- PHONE 1 1 SOCIAL SECURITY NUMBER 1 NO. OF FREQUENCY IF RENT RENTAL AMOUNT OTHER THAN I PAYMENTS MONTHLY 60 $1437.90 32400 Paseo Adelanto 0HOT INLIMITS INITIALTERMIMOS.) 60 COMMITMENT FEE REQUIREMENT: An amount equal I Me first period's rental amount must ac- company this offer. This commitment fee shall not IN refunded, but upon Lessor's acceptance of Leaaee'a offer M enter into the wase, the amount shall be applied to the first pallOd's rent payment. REMARKS Fair Market Value Purchase Option at the end.of lease term. FULL LEGAL NAME OF LESSEE (BUSINESS ENTRY) "r -y of San Juan Capistrano DBA (IF ANY) NAME OF LESSEE (INDIVIDUAL. LAST NAME FIRST) INVOICING AND LOCATION INFORMATION EQUIPMENT LOCATION x IN CRY LIMITS PERSON TO CONTACT REGARDING EQUIPMENT 32400 Paseo Adelanto 0HOT INLIMITS Mike Little CRY COUNTY STATE ZIP PHONE San Juan Capistrano CA 92675 1714 493-1171 PERSON TO CONTACT REGARDING INVOICES PHONE NAME Mike Little ( I Same INVOICING ADDRESS OF SAME AS ABOVE. WRITE -SAME-) SEND INVOICE TO ATTENTION OF "Same" DEPT Mike Little CRY STATE ZIP LESSEE REFERENCE NO. (PO. NUMBER FOR EXAMPLE) 7828 d9-99 (H. ae]I wFYI-Il-Al IUN-1 UNITED STATES LEASING CORPORATION (LESSOR) LES BYIt x BYxattes 91HOMEOFFICE.733 FRONT STREET. SAN FRANCISCO, CA 111 (415)(127-900c Not valid unless executed by Lessor at Lessor's homeA#jaroved as 89.991Rev 6/85) LEASE ORIGINAL oma• % (BUSINESS ENTITY) TITLE DATE Mayor pro tem 8/5/86 City Clerk 8/5/86 1 NOME PHONE I DATE LEASE AGREEMENT FOR NEW XEROX DUPLICATION SYSTEM (U.S. LEASING) (600.2 As set forth in the report dated August 5, 1986, from the Director of Administrative Services, the following Resolution authorizing execution of a Lease Agreement with U.S. Leasing Corporation for a ]Xerox 1075 Duplication System, was adopted: JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT WITH U.S. LEASING CORPORATION FOR A XEROX 1975 DUPLICATING SYSTEM The City will pay $1,438 per month to U.S. Leasing Corporation over a 60 -month lease at 9.48, and $412 per month to Xerox for a maintenance contract and usage charge, for a total monthly cost of $1,850. The Xerox 1075 is a fully -electronic duplication machine. JI -6 --pt AGENDA ITEM August 5, 1986 TO: Stephen B. Julian, City Manager FROM: Bob Boone, Director Administrative Services SUBJECT: Lease Agreement With U.S. Leasing For New Xerox Duplicating System SITUATION The City currently leases a Xerox 8200 for approximately $1750 per month. The machine is electro -mechanical and several years old, and requires many hours of maintenance. Through a promotional offer by Xerox the City has the opportunity to upgrade to a new Xerox 1075 fully electronic duplicating machine. The new machine will provide the following benefits: better copy quality, easier to use, more reliable, two-sided copies automatically, variable reduction, oversize documents easier to copy, and more efficient use of floor space. To obtain more favorable terms, a third party leasing company (U.S. Leasing Corporation) will be used. It is necessary for City Council to authorize the execution of a new lease agreement. COMMISSION/BOARD REVIEW, RECOMMENDATION N/A FINANCIAL CONSIDERATIONS The City leases the current Xerox for about $1750 per month. The new machine will cost approximately $1850 per month. The City will pay $1438 per month to U.S. Leasing over a 60 month lease at 9.49%. Approximately $412 will be paid to Xerox for the maintenance contract and the useage charge. The new machine will cost about $100 more per month, however, the benefits will compensate for the extra cost. Funds are budgeted in the Internal Service Fund. ALTERNATE ACTIONS 1, Approve the lease agreement with U.S. Leasing Corporation and pass the authorizing resolution. 2. Do not approve the lease agreement. 3. Request further information. RECOMMENDATION Approve the lease agreement with U.S. Leasing and pass the authorizing resolution. Respectfully submitted, A11--_Av� BOB BOONE BB/MDL/bhs Attachments RESOLUTION NO. 86-8-5-4 U.S 1yiD UUYLIUNYING SYSTEM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT WITH U.S. LEASING CORPORATION FOR A XEROX 1075 DUPLICATING SYSTEM WHEREAS, the City of San Juan Capistrano desires to obtain a Xerox 1075 duplicating system; and, WHEREAS, such duplicating system will improve productivity and service; and, WHEREAS, U.S. Leasing Corporation will act as a third - party lessor of such equipment for the purpose of financing; and, WHEREAS, the equipment will be used by the City for the purpose of reproducing copies of official City correspondence and documents; and,. WHEREAS, the equipment will replace the current Xerox 8200 duplicating machine which will have title transferred to U.S. Leasing for the purpose of trade-in; and, WHEREAS, the City is a political subdivision of the State of California, duly organized, existing and operating under the Constitution and laws of the State and has the power to enter into the lease agreement. The agreement (including the non - appropriation provisions contained therein) has been duly authorized and executed; and, WHEREAS, the execution, delivery and performance by the City does not violate any provision of the Constitution of the State or any law or any ordinance or resolution or any court order. -1- NOW,. THEMORE, BE IT RESOLVED thae City Council authorizes the ex tion of the lease agreemEfft with U.S. Leasing Corporation. PASSED, APPROVED, AND ADOPTED this 5th day Of August 1986 L. HAUSDORFER, MA R PRO TEM ATTEST: CI CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-8-5-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of August , 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess �L1i. J MARY ,,P.:N • -2-