HomeMy WebLinkAboutLEAF Lease Agreement=/AhadaS
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REPROGRAPHIC
"Your Digital Copy Professionals"
Thank You Name(s Michael Flory & Steph Mifflin
Phone: 509-933-8222
Sold To: Kittitas County Community Development Deliver to: Same
411 N. Ruby Street
Acct #:
PO #:
Sales ReD/#: Rvan Wood Shin Date:
Quantit
Item #
Description
Serial #
Unit Price
1
A79KOl1
BH -0558 55ppm. BIW & Color
1
A9HF013
PC -415 Lg. Capacity Tray 3
1
A87GWY1
FS -536 50 Sheet Stapling Finisher
$.0068 B/W & $.046 Color
_Monthly
1
A87JWY2
RU -513 Relay Unit
1
3ETW11
PK -520 2/3 Hole Punch Unit
Total
$11,800.00
EPA Contract 16KA9326-AEPA-IFB 017-B
0 Month Fair Market Value Lease Option
Total
$212.99
Warranty: Covered Under Extended Maintenance
Maintenance Contract:
Average Monthly Volume 5,000 B/W 1,000 Color
Service Manager Aooroval:
Base Charge
Copy Allowance
Charge Per Copy
_Overages _X_ All Copies
Billing
Annual
Quarterly
_X
NA
NA
$.0068 B/W & $.046 Color
_Monthly
Special Instructions: Contract covers all parts, labor, toner and staples. Rates locked for up to 5 years. 5% Increase year 6.
Key Operator
Meter E -Mail:
Fax #:509-962-7682
Terms: 60 Month FMV Lease
Customer Signature: X
LEAF LEASE AGREEMENT 1720A Crete Street, Moberly, MO 65270
Phone: 800-662-3759, Fax: 800.426.2626
LESSEE LEGAL NAME:
Tu ID#:
I Teiephone No:
Kittitas County of dba Community Development Services
916001349
15099338222
Billing Address:
Equipment Location (ifother then Billing Address):
411 N Ruby Street, Ellensburg, WA 98926-6300
411 N Ruby Street, Ellensburg, WA 98926-6300
EQUIPMENT DESCRIPTION: (indicate quantity, new or used and include make, model, serial # and all attachments— see below and/or attached Schedule A)
Unit Quantity
Description ofFquipinw, Leased Make and Type Model Number Serial Number
1
BH C558 Copier System
BASE TERM
IN MONTHS
TOTAL NUMBER OF LEASE
PAYMENTS
END OF LEASE PURCHASE OPTION
_X_ Fair market value, plus hoes
(a) Advance Payment: $0.00
(b) Security Deposit: $0.00
C0
fl @ $212.99 (plus taxes)
10% of Equipment cost, plus taxes
_ $1.00, plus taxes
(c) Documentation Fee: $95.00
(FMV unless another option is selected. You may not exercise a purchase option
if you are in default. If you exercise a purchase option we will convey all of our
right, title and interest in such Equipment to you on an ASIS WHERE IS without
Total due a+ b + c =: S95.00
warranty.)
"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.
Your obligation to pay all amounts and perform all other obligations is non -cancellable, absolute, unconditional and not subject to abatement, setoff or defense.
TERMS AND CONDITIONS
In this agreement ("Lease"), "we," "our" and "us" refers to LEAF Capital Funding, LLC as
Lessor and "you" and "your" refer te the Lessee. You agree to lease the Equipment upon the
following terns and conditions:
1. LEASE PAYMENTS AND TERM: The Lease is enforceable on you upon your
execution. The term of the Lease shall commence on the date the Equipment is delivered to
you ("Lease Commencement Date"). The first Lease Payment shall be due on the data we
specify in the month following the Lease Commencement Date as set forth in our invoice, and
the remaining Leese Payments will be due on the same day of each subsequent month (each, a
"Payment Date') until paid in full. The Dace Term shall commence on the date one month
prim to the first Payment Date. We may charge you a portion of one Lean Payment for the
period from the Lease Commencement Date until the first day of the Base Term ("Interim
Rent"). The Interim Rent shall be due as invoiced. We may adjust the Lease Payments up to
15% if the actual costs are different than the estimate mad to calculate the Lane Payments.
2. DELIVERY, ACCEPTANCE, USE AND REPAIR: You are responsible for Equipment
delivery and installation. You unconditionally accept the Equipment upon the earlier of (a)
your oral or written acceptance of the Equipment, in (b) 10 days after delivery of the
Equipment You authorize us to fill in the Lease Commencement Date, serial numbers and
other information. You will not move the Equipment from the above location without our
written consent and are responsible for maintaining the Equipment in good repair. We
are not responsible for Equipment or vendor failures.
3. INDEMNIFICATION: You agree to indemnity, defend and hold us hamrlms from and
against any losses, damages, penalties, claims and suits, including attorneys' fees and
expenses related to the ordering, manufacture, installation, ownership, condition, use, lease,
possession, delivery or remm of Equipment.
4. LEASE EXPIRATION, RENEWAL: Unless you notify us at least 90 days prior to the
expiration of he Lease of your election to return or purchase the Equipment, this Lease
will renew on a month-to-month basis at the same monthly Lease Payment until you
either exercise the purchase option or provide us with at least 90 days notice and return
the Equipment. If you return he Equipment, (i) it must be m the location we designate and
you are responsible for all return costs and we may charge a Restocking Fee equal to one
Lease Payment, and (ii) you most securely remove all dam from any and all disk drives or
magnetic media prior to returning he Equipment (and you are solely responsible for selecting
an appropriate removal standard that meets you business needs and complies with applicable
laws). You will pay us for any loss in value resulting from failure in maintain he Equipment
in accordance with his Lease or for damages incurred in shipping and handling. If you
exercise a purchase option we will convey all of our interest in such Equipment to you on an
AS -IS WHERE IS basis without representation or warranty.
S. LATE FEES AND CHARGES: If any amount is not paid within three (3) days of when
due, you agree to pay us a lam charge equal to the lesser of 10% of he amount past due or the
maximum legal amount. Amounts which are not paid within 30 days of when due shall accrue
interest at 1.5% par month (u if less, he maximum legal rate) until paid. You agree to pay
$25 for each pay by phone and $35 for each returned payment.
6. NO WARRANTY: We do not manufacture he Equipment and you have selected the
Equipment and the supplier. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PURPOSE
AND ARE NOT RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
7. INSURANCE, RISK OF LOSS: You bear all risk of loss or damage to the Equipment
from its order until it is returned in he required condition in purchased by you ("Risk
Period"). During the Risk Period you will maintain property and liability insurance on the
Equipment acceptable to us, naming us less payee and additional insured. If you do not
Services
provide us with proof of such insurance, we may secure insurance on the Equipment to cover
our interests (and only our interests). If we obtain such insurance, you will pay us an
additional amount for the cost of such insurance and an administrative fee, the cast of which
may be more than the cost to obtain you own insurance and on which we may make a profit.
& OWNERSHIP AND TAXES: We own the Equipment (excluding licensed software). If
you are deemed to own it, you grant us a security interest in the Equipment. You authorize us
in file UCC financing statements to confirm our interest. You will pay, when due, all razes,
fines and penalties relating to the purchase, use, leasing and/or ownership of the Equipment.
If we pay any hoes, (including property tax), fees or penalties on you behalf, you will pay
us the amount we paid plus an administrative fee. You agree to pay us the documentation fee
specified above or if not so specified, the greater of either $125 or 0.5% of the Equipment
cost. If we require an Equipment site inspection, or you request administrative services, you
agree to reimburse our cosu.
9. DEFAULT: If you or any Summon do not pay us any amount within ten (10) days of its
due date, or breach any terms of this Lease, any guaranty or any license relating to the
Equipment, you will be in default If you default, we may require you to do any combination
of the following: (a) immediately pay all amounts than due, plus the present value of the
remaining Leese Payments, Interim Rent and residual value of the Equipment, as determined
by us, discounted at an annual rate of 3%; (b) return all of the Equipment; (c) allow us to
repossess the Equipment; or (d) use any and all remedies available to us under applicable
law. If you default you agree to pay the cost of repossession and our attorney's fees and
costs. In addition to all other chargm and as mimbursement for expenses incurred and not as
a penalty, we may require you to reimburse us for the phone calls, letters, and any additional
expense incurred in the collection or servicing of his Lane for you. If we take possession of
the Equipment, we may sell or otherwise dispose of it with or without notice, at a public or
private sale, and apply the net proceeds (after we have deducted all costs related to the sale or
disposition of the Equipment) to the amounts that you owe us. You agree that if notice of sale
is required by law, 10 days' notice shall constitute reasonable notice. You remain responsible
for any amounts that are due after we have applied such net proceeds. We may apply any
security deposits to you obligations and if you do not default, the balance will be refunded
without interest.
10. ASSIGNMENT. You have no right to sell or assign the Equipment or Lease. We may
sell or assign our rights in the Lease and/or Equipment and the new owner will have all our
rights but will not be subject to any claim or defense you have against us.
11. ARTICLE 2A: You agree this Lane is a "finance lease" as defined in Article 2A of the
Uniform Commercial Code. You waive all rights and remedies conferred upon a lessee by
Article 2A (508.522) of the UCC. You have received a copy of the Supply Contract or been
informed of the identity of the Supplier and you may have rights under the Supply Contrast
and may contact the Supplier for a description of those rights.
/2. CREDIT INFORMATION: You authorize us or any of our affiliates to obtain credit
bureau reports, and make other credit inquiries that we deem necessary.
13. CHOICE OF LAW. THIS LEASE WILL BE GOVERNED BY PENNSYLVANIA
LAW. YOU CONSENT TO JURISDICTION IN THE STATE OR FEDERAL COURTS
IN PENNSYLVANIA AND WAIVE ANY RIGHT TO A TRIAL BY JURY.
14. MISCELLANEOUS: This Lease is the parties' entire agreement and can be amended
only in writing signed by both panics. This Lease may be executed in counterparts (manually
or by electronic means) and, when transmitted to us shall be binding upon you for all
purposes. This Leese is not binding on us until we sign it You agree net to mise as a defense
to the enforcement of this Lane that it was executed or transmitted to us by electronic
means. You will use the Equipment only for business purposes and not for personal, family
or household use.
E -Mail Address:
Title:
Date:
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
Stationary of payment and not of collection, and that we can proceed directly against undersigned without firs
t proceeding against lessee or the Equipment. Undersigned also waives all
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'
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
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
expressly waive any right to a trial by jury.
SIGNED X Print Name: E -Mail Address:
OLEAF
SCHEDULE A TO LEASE AGREEMENT
(EQUIPMENT DESCRIPTION)
Lease Application No.: 411550
l]NT I Equipment Description I New/Used Make I Model Serial Number
Location: 411 N Ruby Street, Ellensburg, WA 98926-6300
1 BH C558 Copier System New
LESSEE: Kittitas County of dba Community Development
Services
BY:
PRINT NAME:
TITLE:
7_V7:1
LEAF CAPITAL FUNDING, LLC
BY:
PRINT NAME:
— TITLE:
— DATE:
OLEAF
State and Local Government Addendum
Reference: Application No. 411550
This State and Local Government Addendum (this "Addendum") is made part of the Agreement related to
the above referenced application number ("Agreement") between LEAF Capital Funding, LLC ("we" "us" and
"burs") and Kittitas County of dba Community Development Services ("4u" and "your"). Capitalized terms used but
not defined will have the meaning given to them in the Agreement. If there is any conflict between the terms of this
Addendum and the terms of the Agreement, the terms of this Addendum will control and prevail. The parties hereby
agree as follows:
1. Fundina Intent. You reasonably believe that funds can be obtained sufficient to make all Payments set
forth in the Agreement and any other amounts owed during the term of the Agreement. You agree that your chief
executive or administrative officer (or your administrative office that has the responsibility of preparing the budget
submitted to your governing body, as applicable) will provide for funding for such payments in your annual budget
request submitted to your governing body. You covenant that you will do all things lawfully within your power to
obtain, maintain and properly request and pursue funds from which the Payments may be made, including making
provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining
funding, using your best efforts to have such portion of the budget approved and exhausting all available
administrative reviews and appeals in the event such portion of the budget is not approved. If your governing body
chooses not to appropriate funds for such payments, you agree that your governing body will evidence such
nonappropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it
adopts. You and we agree that your obligation to make payments under the Agreement will be your current expense
and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or
requirements. Nothing contained in the Agreement will be interpreted as a pledge of your general tax revenues,
funds or moneys.
2. Nonaoorooriation of Funds. If (a) sufficient funds are not appropriated and budgeted by your
governing body in any fiscal period for Payments set forth in the Agreement or any other amounts owed to us and
(b) you have exhausted all funds legally available for such payments due under the Agreement (together, a"Non-
Appropriation Event"), then you will give us not less than ninety (90) days written notice (a "Termination Notice") and
the Agreement will terminate as of the last day of your fiscal period for which funds for such payments are available
('Termination Date"). Such termination is without any expense or penalty, except for the portions of such payments
and those expenses associated with your return of the Equipment in accordance with the Agreement for which
funds have been budgeted or appropriated or are otherwise legally available. You agree that, to the extent
permitted by law, you will not terminate the Agreement if any funds are appropriated by you or to you for the
acquisition or use of equipment or services performing functions similar to the Equipment during your fiscal period
in which such termination would occur. You shall (i) on or before the Termination Date, return the Equipment in
accordance with the return requirements set forth in the Agreement, (ii) provide in the Termination Notice a
certification of a responsible official that a Non -Appropriation Event has occurred, (iii) deliver to us, upon our
request, an opinion of your counsel (addressed to us) verifying that the Non -Appropriation Event as set forth in the
Termination Notice has occurred, and (iv) pay us all sums payable to us under the Agreement up to and including
the Termination Date. You acknowledge and agree that, in the event of the termination of the Agreement and the
return of the Equipment as provided for herein, you shall have no interest whatsoever in the Equipment or proceeds
thereof and we shall be entitled to retain for our own account the proceeds resulting from any disposition or re-
leasing of the Equipment along with any advance rentals, security deposits or other sums previously paid by you
pursuant to the terms of the Agreement.
3. Authority and Authorization. You represent and agree that: (a) you are a state or a political
subdivision or agency of a state; (b) the entering into and performance of the Agreement is authorized under your
state laws and Constitution and does not violate or contradict any judgment, law, order, or regulation, or cause any
default under any agreement to which you are party; (c) you have complied with all bidding requirements and,
where necessary, have properly presented the Agreement for approval and adoption as a valid obligation on your
part; and (d) you have sufficient appropriated funds or other moneys available to pay all amounts due under the
Agreement for your current fiscal period. Upon our request, you agree to provide us with an opinion of counsel as to
clauses (a) through (d) above, an incumbency certificate, and other documents that we request, with all such
documents being in a form satisfactory to us.
4. Government Use. You agree that (a) you will comply with all information reporting requirements
of the Internal Revenue Code of 1986, as amended, including but not limited to the execution and delivery
to us of information statements requested by us, and (b) the use of the Equipment is essential for your
proper, efficient and economic operation, you will be the only entity to use the Equipment during the term
of the Agreement and you will use the Equipment only for your governmental purposes. Upon our request
you will provide us with an essential use letter in a form satisfactory to us as to clause (b) above.
5. Insurance. You agree to provide and maintain at your own expense (a) property insurance against the
loss, theft, destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee, and
(b) public liability and third party property insurance, naming us as an additional insured. You will give us certificates
or other evidence of such insurance on the Equipment at such times as we request. All insurance obtained from a
third party insurer will be in a form, amount and with companies acceptable to us, and will provide that we will be
given 30 days' advance notice of any cancellation or material change of such insurance. If you do not provide us
with proof of such insurance, we may secure insurance on the Equipment to cover our interests (and only our
interests). If we obtain such insurance, you will pay us an additional amount for the cost of such insurance and an
administrative fee, the cost of which may be more than the cost to obtain your own insurance and on which we may
make a profit.
6. Indemnification. With respect to any claims, actions, or suits that are made against us as a result of
your actions, omissions, negligence or willful misconduct ("Claims'), to the extent permitted by law, you agree to
reimburse us for, and if we request, defend us against, any such Claims.
7. Choice of Law. Regardless of any conflicting provision in the Agreement, THE AGREEMENT WILL BE
GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED.
8. This Addendum supplements and amends the Agreement only to the extent and in the manner set forth,
and in all other respects, the Agreement will remain in full force and effect.
IN WITNESS WHEREOF the parties hereto, by their authorized signatories, have executed this Addendum at the
date set forth below their respective signatures.
CUSTOMER: Kittitas County of dba Community
Development Services
LEAF CAPITAL FUNDING, LLC
By:
By:
Print
Name:
Print
Name:
Title:
Title:
Date:
Date: