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LEAF LEASE AGREEMENT 1720A Crete Street, Moberly, MO 65270 <br />Phone: 800-662-3759, Fax: 800.426.2626 <br />LESSEE LEGAL NAME: <br />Tu ID#: <br />I Teiephone No: <br />Kittitas County of dba Community Development Services <br />916001349 <br />15099338222 <br />Billing Address: <br />Equipment Location (ifother then Billing Address): <br />411 N Ruby Street, Ellensburg, WA 98926-6300 <br />411 N Ruby Street, Ellensburg, WA 98926-6300 <br />EQUIPMENT DESCRIPTION: (indicate quantity, new or used and include make, model, serial # and all attachments— see below and/or attached Schedule A) <br />Unit Quantity <br />Description ofFquipinw, Leased Make and Type Model Number Serial Number <br />1 <br />BH C558 Copier System <br />BASE TERM <br />IN MONTHS <br />TOTAL NUMBER OF LEASE <br />PAYMENTS <br />END OF LEASE PURCHASE OPTION <br />_X_ Fair market value, plus hoes <br />(a) Advance Payment: $0.00 <br />(b) Security Deposit: $0.00 <br />C0 <br />fl @ $212.99 (plus taxes) <br />10% of Equipment cost, plus taxes <br />_ $1.00, plus taxes <br />(c) Documentation Fee: $95.00 <br />(FMV unless another option is selected. You may not exercise a purchase option <br />if you are in default. If you exercise a purchase option we will convey all of our <br />right, title and interest in such Equipment to you on an ASIS WHERE IS without <br />Total due a+ b + c =: S95.00 <br />warranty.) <br />"If more than one lease payment is required as an Advance Payment, the balance will be applied to lease payments in inverse order, starting with the last lease payment. <br />Your obligation to pay all amounts and perform all other obligations is non -cancellable, absolute, unconditional and not subject to abatement, setoff or defense. <br />TERMS AND CONDITIONS <br />In this agreement ("Lease"), "we," "our" and "us" refers to LEAF Capital Funding, LLC as <br />Lessor and "you" and "your" refer te the Lessee. You agree to lease the Equipment upon the <br />following terns and conditions: <br />1. LEASE PAYMENTS AND TERM: The Lease is enforceable on you upon your <br />execution. The term of the Lease shall commence on the date the Equipment is delivered to <br />you ("Lease Commencement Date"). The first Lease Payment shall be due on the data we <br />specify in the month following the Lease Commencement Date as set forth in our invoice, and <br />the remaining Leese Payments will be due on the same day of each subsequent month (each, a <br />"Payment Date') until paid in full. The Dace Term shall commence on the date one month <br />prim to the first Payment Date. We may charge you a portion of one Lean Payment for the <br />period from the Lease Commencement Date until the first day of the Base Term ("Interim <br />Rent"). The Interim Rent shall be due as invoiced. We may adjust the Lease Payments up to <br />15% if the actual costs are different than the estimate mad to calculate the Lane Payments. <br />2. DELIVERY, ACCEPTANCE, USE AND REPAIR: You are responsible for Equipment <br />delivery and installation. You unconditionally accept the Equipment upon the earlier of (a) <br />your oral or written acceptance of the Equipment, in (b) 10 days after delivery of the <br />Equipment You authorize us to fill in the Lease Commencement Date, serial numbers and <br />other information. You will not move the Equipment from the above location without our <br />written consent and are responsible for maintaining the Equipment in good repair. We <br />are not responsible for Equipment or vendor failures. <br />3. INDEMNIFICATION: You agree to indemnity, defend and hold us hamrlms from and <br />against any losses, damages, penalties, claims and suits, including attorneys' fees and <br />expenses related to the ordering, manufacture, installation, ownership, condition, use, lease, <br />possession, delivery or remm of Equipment. <br />4. LEASE EXPIRATION, RENEWAL: Unless you notify us at least 90 days prior to the <br />expiration of he Lease of your election to return or purchase the Equipment, this Lease <br />will renew on a month-to-month basis at the same monthly Lease Payment until you <br />either exercise the purchase option or provide us with at least 90 days notice and return <br />the Equipment. If you return he Equipment, (i) it must be m the location we designate and <br />you are responsible for all return costs and we may charge a Restocking Fee equal to one <br />Lease Payment, and (ii) you most securely remove all dam from any and all disk drives or <br />magnetic media prior to returning he Equipment (and you are solely responsible for selecting <br />an appropriate removal standard that meets you business needs and complies with applicable <br />laws). You will pay us for any loss in value resulting from failure in maintain he Equipment <br />in accordance with his Lease or for damages incurred in shipping and handling. If you <br />exercise a purchase option we will convey all of our interest in such Equipment to you on an <br />AS -IS WHERE IS basis without representation or warranty. <br />S. LATE FEES AND CHARGES: If any amount is not paid within three (3) days of when <br />due, you agree to pay us a lam charge equal to the lesser of 10% of he amount past due or the <br />maximum legal amount. Amounts which are not paid within 30 days of when due shall accrue <br />interest at 1.5% par month (u if less, he maximum legal rate) until paid. You agree to pay <br />$25 for each pay by phone and $35 for each returned payment. <br />6. NO WARRANTY: We do not manufacture he Equipment and you have selected the <br />Equipment and the supplier. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, <br />INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PURPOSE <br />AND ARE NOT RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL <br />DAMAGES. <br />7. INSURANCE, RISK OF LOSS: You bear all risk of loss or damage to the Equipment <br />from its order until it is returned in he required condition in purchased by you ("Risk <br />Period"). During the Risk Period you will maintain property and liability insurance on the <br />Equipment acceptable to us, naming us less payee and additional insured. If you do not <br />Services <br />provide us with proof of such insurance, we may secure insurance on the Equipment to cover <br />our interests (and only our interests). If we obtain such insurance, you will pay us an <br />additional amount for the cost of such insurance and an administrative fee, the cast of which <br />may be more than the cost to obtain you own insurance and on which we may make a profit. <br />& OWNERSHIP AND TAXES: We own the Equipment (excluding licensed software). If <br />you are deemed to own it, you grant us a security interest in the Equipment. You authorize us <br />in file UCC financing statements to confirm our interest. You will pay, when due, all razes, <br />fines and penalties relating to the purchase, use, leasing and/or ownership of the Equipment. <br />If we pay any hoes, (including property tax), fees or penalties on you behalf, you will pay <br />us the amount we paid plus an administrative fee. You agree to pay us the documentation fee <br />specified above or if not so specified, the greater of either $125 or 0.5% of the Equipment <br />cost. If we require an Equipment site inspection, or you request administrative services, you <br />agree to reimburse our cosu. <br />9. DEFAULT: If you or any Summon do not pay us any amount within ten (10) days of its <br />due date, or breach any terms of this Lease, any guaranty or any license relating to the <br />Equipment, you will be in default If you default, we may require you to do any combination <br />of the following: (a) immediately pay all amounts than due, plus the present value of the <br />remaining Leese Payments, Interim Rent and residual value of the Equipment, as determined <br />by us, discounted at an annual rate of 3%; (b) return all of the Equipment; (c) allow us to <br />repossess the Equipment; or (d) use any and all remedies available to us under applicable <br />law. If you default you agree to pay the cost of repossession and our attorney's fees and <br />costs. In addition to all other chargm and as mimbursement for expenses incurred and not as <br />a penalty, we may require you to reimburse us for the phone calls, letters, and any additional <br />expense incurred in the collection or servicing of his Lane for you. If we take possession of <br />the Equipment, we may sell or otherwise dispose of it with or without notice, at a public or <br />private sale, and apply the net proceeds (after we have deducted all costs related to the sale or <br />disposition of the Equipment) to the amounts that you owe us. You agree that if notice of sale <br />is required by law, 10 days' notice shall constitute reasonable notice. You remain responsible <br />for any amounts that are due after we have applied such net proceeds. We may apply any <br />security deposits to you obligations and if you do not default, the balance will be refunded <br />without interest. <br />10. ASSIGNMENT. You have no right to sell or assign the Equipment or Lease. We may <br />sell or assign our rights in the Lease and/or Equipment and the new owner will have all our <br />rights but will not be subject to any claim or defense you have against us. <br />11. ARTICLE 2A: You agree this Lane is a "finance lease" as defined in Article 2A of the <br />Uniform Commercial Code. You waive all rights and remedies conferred upon a lessee by <br />Article 2A (508.522) of the UCC. You have received a copy of the Supply Contract or been <br />informed of the identity of the Supplier and you may have rights under the Supply Contrast <br />and may contact the Supplier for a description of those rights. <br />/2. CREDIT INFORMATION: You authorize us or any of our affiliates to obtain credit <br />bureau reports, and make other credit inquiries that we deem necessary. <br />13. CHOICE OF LAW. THIS LEASE WILL BE GOVERNED BY PENNSYLVANIA <br />LAW. YOU CONSENT TO JURISDICTION IN THE STATE OR FEDERAL COURTS <br />IN PENNSYLVANIA AND WAIVE ANY RIGHT TO A TRIAL BY JURY. <br />14. MISCELLANEOUS: This Lease is the parties' entire agreement and can be amended <br />only in writing signed by both panics. This Lease may be executed in counterparts (manually <br />or by electronic means) and, when transmitted to us shall be binding upon you for all <br />purposes. This Leese is not binding on us until we sign it You agree net to mise as a defense <br />to the enforcement of this Lane that it was executed or transmitted to us by electronic <br />means. You will use the Equipment only for business purposes and not for personal, family <br />or household use. <br />E -Mail Address: <br />Title: <br />Date: <br />PL"UNAL GUARAN IY: Undersigned guarantees that Lessee will make all payments and perform all other obligations under the Lease when due. Undersigned agrees that this is a <br />Stationary of payment and not of collection, and that we can proceed directly against undersigned without firs <br />t proceeding against lessee or the Equipment. Undersigned also waives all <br />suretyship defenses and notification if the Lessee is in default and consents to any extensions or modifications granted to Lessee. Undersigned will pay us all expanses (including attomrys' <br />fees) we incur in enforcing our rights against undersigned or Lessee. If more than one person signs this guaranty, each agrees that his/her liability is joint and several. Undersigned authorizes <br />us and our affiliates to obtain credit bureau reports and make inquiries regarding undersigned's personal credit You consent to jurisdiction in the State or Federal courts in Pennsylvania and <br />expressly waive any right to a trial by jury. <br />SIGNED X Print Name: E -Mail Address: <br />