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.
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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 •
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