HomeMy WebLinkAboutContracts & Agreements_58-2007JOINT MEETING - CITY COUNCIL AND REDEVELOPMENT AGENCY
Redlands Cable Television Upgrade - Deputy Police Chief Hyman reported the City
Council is endeavoring to raise revenues, cut expenses and still provide essential City
services, clear communication directly with the citizens of Redlands Redlands
government cable access over Redlands TV Channel 3 has long been a vehicle for
providing that communication The potential of RTV3, however, has only begun to be
realized As staff has begun conceiving and producing current programs, they have
frequently run into the frustrating limitations of aging, previously used equipment that
was installed when the City first signed its cable franchise agreement in 1997 with
what was then TCI Cable, later Adelphia and currently Time -Warner Finance
Director Kundig explained that with the cable franchise agreement entered into last
year between the City and Verizon, the City now has a $9,000 00 annual PEG (Public
Education and Government) fee for 15 years, a source of funding that must be used for
the City's cable TV infrastructure and/or operation The total project cost of
approximately $164,000 00 will be paid by a $68,000 00 commitment from the
Redevelopment Agency and a $48,000 00 commitment from the Municipal Utilities
Department Of the remaining $48,000 00, $9,000 00 has already been received from
Verizon's annual PEG fund payment The remaining $39,000 00 will be financed with
annual payments made from the PEG fund The financing of the equipment can be
accomplished through an agreement with Municipal Financing Corporation over a five-
year lease period at an interest rate of 4 95% Payments of $8,303 60 will be made
annually in arrears beginning one year after the date of funding These funding
arrangements were a collaborative effort by all of the affected department heads
Interim Redevelopment Agency Director Dukett said this source of funding,
supplemented by funds from the City's Redevelopment Agency and Municipal Utilities
Department, which will benefit from the ability of the City to produce and televise
promotional programming, will allow the City to upgrade the RTV3 equipment with
modern digital technology that will both improve the quality of programming and free
up valuable staff and volunteer resources In addition, the bid now before the City
Council will allow the City to entei further into the computer age with web casting of
its RTV3 programming, an even greater opportunity to communicate directly with the
public, providing citizens the ability to view programming, including City Council and
other meetings, at their convenience This proposal also includes a $22,560 00
contract with Joey Whittemore for production services Under the contract, Mr
Whittemore would create eight full productions and initiate eight more pipeline
productions
Funds - Councilmember Gilbreath moved to approve the proposed upgrade,
funding plan and additional appropriations in the amount of $164,000 00 for the
Redlands Cable Television facilities and programming Motion seconded by
Councilmember Gallagher and carried unanimously
Resolution No. 6591 - Lease with Option to Purchase - Councilmember Gilbreath
moved to adopt Resolution No 6591, a resolution of the City Council of the City
of Redlands authorizing the execution and delivery of a lease with option to
purchase and authorizing certain actions in connection therewith Motion
seconded by Councilmember Gallagher and carried unanimously
Purchase Order - Councilmember Gilbreath moved to authorize a purchase order
with Pacific Video for certain equipment Motion seconded by Councilmember
Gallagher and carried unanimously (Also see Redevelopment Agency minutes for
April 3, 2007 )
April 3, 2007
Page 10
MUNICIPAL FINANCE CORPORATION
23945 CALABASAS ROAD, SUITE 103
CALABASAS, CA 91302
Telephone (818) 224-4787
Telecopier (818) 224.4789
www.munifinance corn
Table of Contents
1. Lease with Option to Purchase #07-016
2. Lease Schedule
3. Assignment of Lease/Acknowledgment of Assignment
4. Certificate of Lessee
5. Incumbency and Signature Certificate
6. Certificate of Acceptance
7. Authorization to Reimburse and Certification of Value
Received (and backup documentation)
8. Legal Opinion of Districts Counsel
9. District's Resolution No. 0923034
10. 8038 -GC
LEASE WITH OPTION TO PURCHASE #07-016
This LEASE WITH OPTION TO PURCHASE dated April 3, 2007 (this
"Lease") is by and between MUNICIPAL FINANCE CORPORATION,
("Corporation") a corporation duly organized and operating under the
laws of the State of California as lessor and CITY OF REDLANDS, a
municipal corporation duly organized and existing under the laws of the
State of California ("Lessee") as lessee
RECITALS
WHEREAS, Lessee deems IL essential for Lessee to acquire the
property described herein for its own public purposes; and
WHEREAS, it is intended that this Lease be treated as a tax-exempt
obligation of Lessee for federal income tax purposes, and
WHEREAS, Lessee and Corporation agree to mutually cooperate now
and hereafter, to the extent possible, in order to sustain the intent
of this Lease and the bargain of both parties hereto
WITNESSETH
NOW, THEREFORE in consideration of the mutual covenants
hereinafter set forth, the parties hereto agree as follows•
SECTION 1 Lease. Corporation hereby leases to Lessee, and
Lessee hereby leases and hires from Corporation all property (the
"Property") described in the schedule or schedules (collectively, the
"Schedule") executed by the parties concurrently herewith and hereafter
and made a part hereof Hereinafter, reference to Corporation means
Corporation and Corporation's assigns for those rights, interests and
obligations that may be assigned by Corporation
SECTION 2 Term The terms and conditions of this Lease shall
become effective upon the authorized execution of this Lease by the
parties hereto. The rental term of the Property leased hereunder
commences and terminates on the dates specified in the Schedule
SECTION 3
Representations, Covenants and Warranties of
Lessee Lessee represents, covenants and warrants to Corporation that
(a) Lessee is a municipal corporation and political subdivision,
duly organized and existing under the Constitution and laws of the
State of California with authority to enter into this Lease and to
perform all of its obligations hereunder
(b) Lessee's governing body has duly authorized the execution and
delivery of this Lease and further represents and warrants that all
requirements have been met and procedures followed to ensure its
enforceability
(c) The execution, delivery and performance of this Lease do not
and will not result in any breach of or constitute a default under any
indenture, mortgage, contract, agreement or instrument to which Lessee
is a party or by which it or its property is bound
(d) There is no pending or, to the knowledge of Lessee,
threatened action or proceeding before any court or administrative
agency which will materially adversely affect the ability of Lessee to
perform its obligations under this Lease
(e) Lessee has complied with all public bidding laws or
provisions of the California Public Contract Code applicable to the
acquisition of the Property leased hereunder
(f) The Property being leased is essential to Lessee in the
performance of its governmental functions and its estimated useful life
to Lessee exceeds the term of this Lease.
(g) Within one hundred eighty (180) days of the end of each
fiscal year of Lessee during the term hereof, Lessee shall provide
Corporation with a copy of its audited financial statements for such
fiscal year
SECTION 4 Representations and Warranties of Corporation
Corporation represents and warrants to Lessee that
(a) Corporation is duly organized, validly existing and in good
standing under the laws of the State of California, with full corporate
power and authority to lease and own real and personal property
(b) Corporation has full power, authority and legal right to
enter into and perform its obligations under this Lease, and the
execution, delivery and performance of this Lease have been duly
authorized by all necessary corporate actions on the part of
Corporation and do not require any further approvals or consents
(c) The execution, delivery and performance of this Lease do not
and will not result in any breach of or constitute a default under any
indenture, mortgage, contract, agreement or instrument to which
Corporation is a party by which it or its property is bound
(d) There is no pending or, to the knowledge of Corporation,
threatened action or proceeding before any court or administrative
agency which will materially adversely affect the ability of
Corporation to perform its obligations under this Lease
2
SECTION 5 Property Acquisition Corporation hereby appoints
Lessee as its purchasing agent to acquire the Property leased hereunder
and Lessee hereby accepts said appointment (hereinafter, the "Agency")
The Agency is limited to i) negotiation of terms, conditions and
acquisition cost of acquiring the Property from suppliers and
contractors (collectively, the "Supplier") selected by Lessee, ii) to
the inspection and acceptance of the Property upon its delivery and
installation, and iii) to the exercise of any rights or remedies with
respect to Property warranties or guarantees All warranties and
guarantees, either express or implied, that inure to Corporation by
virtue of the Agency are hereby passed through to Lessee to prosecute
at Lessee's sole discretion
SECTION 6 Lease Proceeds Moneys available to pay Property
costs set forth on the Schedule are defined as the "Lease Proceeds"
Disbursement of Lease Proceeds to pay Property costs can be made either
directly to the Supplier or to Lessee as a reimbursement of its prior
expenditures for Property costs Lessee shall deliver to Corporation a
disbursement authorization form along with Supplier invoices and
required reconciliation documents prior to Corporation making a
disbursement to the Supplier or a reimbursement to Lessee
Disbursements of Lease Proceeds in advance of Lessee executing a
Certificate of Acceptance may be made pursuant to the following terms
and conditions (a) the principal amount of each disbursement shall
accrue interest (interim rent) at the interest rate referred to on the
Schedule from the disbursement date to the Property acceptance date,
(b) the total principal amount of the disbursements shall not exceed
the Lease Proceeds amount referred to on the Schedule, and (c) no
disbursement shall be made on or after three months from the date of
this Lease
SECTION 7 Rental Payments LESSEE SHALL PAY CORPORATION
RENTAL PAYMENTS (the "Rental Payments") IN THE AMOUNTS AND AT THE TIMES
SET FORTH IN THE SCHEDULE, AT THE OFFICE OF CORPORATION OR TO SUCH
OTHER PERSON OR AT SUCH OTHER PLACE AS CORPORATION MAY FROM TIME TO
TIME DESIGNATE IN WRITING Should Lessee fail to pay any part of the
Rental Payments herein within fifteen (15) days from the due date
thereof, Lessee shall upon Corporation's written request, pay interest
on such delinquent Rental Payment from the date said Rental Payment was
due until paid at the rate of twelve percent (12%) per annum or the
maximum legal rate, whatever is less Lessee shall pay Rental Payments
exclusively from legally available funds, in lawful money of the United
States of America, to Corporation The obligation of Lessee to pay
Rental Payments hereunder shall constitute a current expense of Lessee
and shall not in any way be construed to be a debt of Lessee in
contravention of any applicable constitutional or statutory limitations
or requirements concerning the creation of indebtedness by Lessee, nor
shall anything contained herein constitute a pledge of the general tax
revenues of Lessee Except as specifically provided in Section 29, the
obligation of Lessee to pay the Rental Payments will be absolute and
3
unconditional in all events, and will not be subject to set-off,
defense, abatement, reduction, counterclaim, or recoupment for any
reason whatsoever The periodic Rental Payments paid by Lessee shall be
conclusive as to its fair value for the possession, use and/or
occupancy of the Property
SECTION 8 Security Interest As security for the payment of
all of Lessee's obligations hereunder, Lessee hereby grants
Corporation, its successors or assigns, a security interest in the
Property, its accessions and attachments thereto and replacements
thereof and substitutions therefor and all proceeds of any of the
foregoing Lessee agrees to execute such additional documents,
including financing statements, and authorizes Corporation to file such
financing statements, which Corporation deems necessary or appropriate
to establish, perfect and maintain Corporation's security interest
SECTION 9 Use Lessee shall use the Property in a careful and
proper manner and shall comply with and conform to all national, state,
municipal, police, and other laws, ordinances, and regulations in
anyway relating to the possession, use, or maintenance of the Property
SECTION 10 Acceptance Lessee shall acknowledge receipt,
inspection and acceptance of the Property by executing a "Certificate
of Acceptance"
SECTION 11. Corporation's Inspection Upon forty-eight (48)
hours prior notice, the Corporation shall at any and all times during
normal business hours have the right to enter into and upon Lessee's
premises where the Property is located for the purpose of inspecting
the same or observing its use Lessee shall give Corporation immediate
notice of any attachment or other judicial process affecting the
Property
SECTION 12. Property Selection and Ordering Lessee has
selected or will select the type and quantity of the Property leased
hereunder Lessee shall ensure that all Property is properly invoiced
to Corporation Corporation shall not be liable for, nor shall the
validity, enforceability or effectiveness of this Lease be affected by,
any delay in or failure of delivery of the Property Lessee
acknowledges that it is solely responsible for determining the
suitability of the Property for its intended use Corporation shall
have no duty to inspect the Property If the Property is not properly
installed, does not operate as represented or warranted by the
Supplier, or is unsatisfactory for any reason, Lessee shall make any
claim on account thereof solely against the Supplier Lessee hereby
assumes the risks, burdens and obligations to the Supplier on account
of nonacceptance of the Property and/or cancellation of this Lease and
upon the occurrence of any such event, Corporation will assign to
Lessee, without recourse or warranty, its rights and title to the
Property and any documents related thereto
4
shall carry public liability and property damage insurance covering the
Property All said insurance shall be in form and amount and with
reputable companies and shall name Corporation as an additional insured
and loss payee Lessee shall pay the premiums therefore and deliver
certification of said policies to Corporation Each insurer shall
agree, by endorsement upon the policy or policies issued by it or by
independent instrument furnished to Corporation, that it will give
Corporation thirty (30) days' written notice before the policy or
policies shall be altered or canceled The proceeds of such insurance,
at the option of Lessee, shall be applied• (a) toward the replacement,
restoration, or repair of the Property, or (b) toward payment of the
total remaining obligations of Lessee hereunder, provided, however,
that Lessee shall be responsible for the amount by which such insurance
proceeds are insufficient to satisfy the cost of option (a) or option
(b) above, as applicable Should Lessee replace, restore, or repair the
Property as set out in option (a) above, this Lease shall continue in
full force and effect Lessee may self -insure up to specified limits as
evidenced by a certificate of self insurance to be attached hereto in
form and amount acceptable to Corporation Any self-insurance program
in which Lessee is a participant shall comply with the provisions under
this Lease respecting cancellation and modification and payment of
losses to the Corporation as its respective interests may appear Such
self-insurance shall be maintained on a basis which is actuarially
sound as established by Lessee's risk manager or an independent
insurance consultant which determination shall be made annually Any
deficiency shall be corrected within sixty (60) days of Lessee becoming
aware of such deficiency
SECTION 19 Liens and Taxes Lessee shall keep the Property
free and clear of all levies, liens, and encumbrances and shall
promptly pay all fees, assessments, charges, and taxes (municipal,
state and federal), including personal property taxes, which may now or
hereafter be imposed upon the ownership, leasing, renting, sale,
possession, or use of the Property, excluding, however, all taxes on or
measured by Corporation's income
SECTION 20 Indemnity Subject to California law concerning
contribution and enforceability of indemnifications, Lessee shall
indemnify Corporation against and hold Corporation harmless from any
and all claims, actions, suits, proceedings, costs, expenses, damages,
and liabilities, including attorneys' fees, arising out of, connected
with or resulting from the selection, possession, use, operation, or
return of the Property excepting that Lessee shall not be required to
indemnify Corporation in the event that such liability or damages are
caused by the gross negligence or intentional misconduct of
Corporation, its agents or representatives
SECTION 21 Events of Default The term "Event of Default", as
used in this Lease, means the occurrence of any one or more of the
following events. (a) Lessee fails to make any Rental Payment (or any
6
other payment) within fifteen (15) days after the due date thereof or
Lessee fails to perform or observe any other covenant, condition or
agreement to be performed or observed by it hereunder and such failure
to either make the payment or perform the covenant, condition or
agreement is not cured within ten (10) days after written notice
thereof by Corporation, (b) Corporation discovers that any statement,
representation or warranty made by Lessee in this Lease, the Schedule
or in any document ever delivered by Lessee pursuant hereto or in
connection herewith is false, misleading or erroneous in any material
respect, (c) Lessee becomes insolvent, is unable to pay its debts as
they become due, makes an assignment for the benefit of creditors,
applies or consents to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of all or a substantial part of
its assets, or a petition for relief is filed by Lessee under federal
bankruptcy, insolvency or similar laws
SECTION 22 Remedies Upon Lessee's failure to cure an Event of
Default within ten (10) days after Corporation's written notice
thereof, Lessee's rights under this Lease shall terminate and the
Corporation will become entitled to retain all Rental Payments
previously paid and to recover all past due payments together with
interest thereon to the end of Lessee's current fiscal year. The
Corporation may pursue all of its available remedies at law and in
equity including, but not limited to, the repossession and sale of the
Property No right or remedy conferred upon Corporation is exclusive of
any other right or remedy, but each shall be cumulative of every other
right or remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise, and may be enforced concurrently
therewith or from time to time, provided, however, that notwithstanding
any provisions to the contrary herein, Corporation shall not under any
circumstances have the right to accelerate the Rental Payments that
fall due in future rental periods or otherwise declare any Rental
Payments not then in default to be immediately due and payable
SECTION 23 Non -Waiver No covenant or condition to be
performed by Lessee under this Lease can be waived except by the
written consent of Corporation Forbearance or indulgence by
Corporation in any regard whatsoever shall not constitute a waiver of
the covenant or condition in question Until performance by Lessee of
said covenant or condition is complete, Corporation shall be entitled
to invoke any remedy available to Corporation under this Lease or by
law or in equity despite said forbearance or indulgence
SECTION 24 Assignment and Subleasing Lessee shall not (a)
assign, transfer, pledge, or hypothecate this Lease, the Property, or
any part thereof, or any interest therein, or (b) sublet or lend the
Property or any part thereof except with the prior written consent of
Corporation which, in the case of subletting, shall not be unreasonably
withheld, provided such subletting shall not affect the tax-exempt
status of the interest components of the Rental Payments payable by
7
Lessee hereunder No such pledge, assignment, sublease or any other
transfer shall in any event affect or reduce the obligation of Lessee
to make the Rental Payments due hereunder Consent to any of the
foregoing acts applies only in the given instance and is not a consent
to any subsequent like act by Lessee or any other person Corporation
shall not assign its obligations under this Lease with the exception of
its obligation to issue default notices and its obligations pursuant to
Section 28 Corporation may assign its right, title and interest in
this Lease, the Rental Payments and other amounts due hereunder and the
Property in whole or in part to one or more assignees or subassignees
at any time, without the consent of Lessee Any such assignment by
Corporation or its assigns shally comply with the requirements of
Sections 5950-5955 of the California Government Code No such
assignment shall be effective as against Lessee unless and until
Corporation shall have filed with Lessee a copy of such assignment or
written notice thereof Lessee shall pay all Recital Payments hereunder
pursuant to the direction of Corporation or the assignee named in the
most recent assignment or notice of assignment filed with Lessee
During this Lease term, Lessee shall keep a complete and accurate
record of all such assignments or notices of assignment Subject to the
foregoing, this Lease inures to the benefit of, and is binding upon,
the successors and assigns of the parties hereto
SECTION 25 Ownership The Property is and shall at all times
be and remain the sole and exclusive property of Corporation, and
Lessee shall have no right, title, or interest therein or thereto
except as expressly set forth in Sections 27 and 28 Lessee shall take
all actions necessary to insure that legal title to the Property being
acquired by Lessee hereunder, whether by Lessee or by a third party
acting on behalf of Lessee, is vested in Corporation
SECTION 26 Personal Property The Property is and shall at all
times be and remain personal property notwithstanding that the Property
or any part thereof may now be or hereafter become in any manner
affixed or attached to or imbedded in, or permanently resting upon,
real property or any building thereon, or attached in any manner to
what is permanent by means of cement, plaster, nails, bolts, screws or
otherwise
SECTION 27 Purchase Option If Lessee is not in default of any
term, condition or payment specified hereunder, Lessee may exercise
options to prepay this Lease and purchase not less than all of the
Property in "as -is" and "where -is" condition on the specified dates and
for the specified amounts set forth in the Schedule The purchase
option price specified for a particular date is in addition to the
Rental Payment due on the same date
SECTION 28 Release of Liens Upon Lessee either making all of
the Rental Payments scheduled herein or making a purchase option
payment, Corporation, its successors or assigns shall cause i) legal
8
title to the Property to be transferred to Lessee and ii) the release
of all liens, encumbrances or security interests on the Property
created pursuant to Corporation's rights under this Lease
SECTION 29 Early Termination Lessee may terminate this Lease
in its entirety as of the end of any fiscal year based solely upon
Lessee's failure to appropriate funds for the subsequent fiscal year's
Rental Payments after exercising reasonable efforts to appropriate
funds from any and all of its legally available sources Lessee agrees
to deliver notice to Corporation of such termination promptly upon
adoption of Lessee's final budget if no appropriation is included
therein to make Rental Payments as set forth in the Schedule Upon
termination of this Lease due to Lessee's failure to budget and
appropriate funds, Lessee, at its expense, shall redeliver the Property
to the Corporation at a location within the State of California
designated by Corporation in substantially as good a condition as when
received, normal wear and tear excepted If Lessee terminates this
Lease, Corporation may retain all amounts previously paid by Lessee and
may collect and retain any amounts due and unpaid to the end of
Lessee's then current fiscal year Corporation shall remit to Lessee
any proceeds from the subsequent sale of the Property in excess of the
then applicable purchase option price
SECTION 30 Nonsubstitution To the extent permitted by
California law, if this Lease is terminated by Lessee with respect to
the Property in accordance with Section 29, Lessee agrees not to
purchase, lease or rent personal property to perform the same function
or functions taking the place of, those performed by such Property and
agrees not to permit such functions to be performed by its own
employees or by any agency or entity affiliated with or hired by Lessee
for a period of three hundred sixty-five (365) days succeeding such
termination, provided, however, that these restrictions shall not be
applicable in the event the Property shall be sold by Corporation and
the amount received from such sale, less all costs of such sale, is
sufficient to pay the then applicable purchase option price relating
thereto as set forth on the Schedule, or if or to the extent that the
application of these restrictions is unlawful and would affect the
validity of this Lease
SECTION 31 Tax Covenants
(a) Generally Lessee shall not take any action or permit to be
taken any action within its control which would cause or which, with
the passage of time if not cured would cause, the interest components
of the Rental Payments to become includable in gross income for federal
income tax purposes.
(b) Private Activity Bond Limitation Lessee shall assure that the
Lease Proceeds are not so used as to cause this Lease to satisfy the
private business tests of Section 141(b) of the Internal Revenue Code
9
of 1986, as amended (the "Code"), or the private loan financing test of
Section 141(c) of the Code
(c) No Arbitrage Lessee will not take any action or omit to take
any action which action or omission, if reasonably expected on the date
of this Lease, would have caused this Lease to be an "arbitrage bond"
within the meaning of Section 148(a) of the Code.
(d) Federal Guarantee Prohibition The Rental Payments are not
directly guaranteed or indirectly guaranteed in whole or in part by the
United States or any agency or instrumentality of the United States so
as to cause the Rental Payments to be "federally guaranteed" within the
meaning of Section 149(b) of the Code
(e) Reimbursement Regulations The Lease Proceeds used for
reimbursement of prior expenditures will be made pursuant to and in
compliance with Income Tax Regulations Section 1 150-2
SECTION 32 Extraordinary Costs In the case of litigation, the
prevailing party shall be entitled to recover from the opposing party
all costs and expenses, including attorneys' fees (which may be the
allocable cost of in-house counsel), incurred by the prevailing party
in exercising any of its rights or remedies hereunder or enforcing any
of the terms, conditions or provisions hereof
SECTION 33 Severability If any provision of this Lease shall
be held invalid or unenforceable by a court of competent jurisdiction,
such holdings shall not invalidate or render unenforceable any other
provision of this Lease, unless elimination of such provision
materially alters the rights and obligations embodied in this Lease
SECTION 34 Entire Agreement This Lease, the Schedule, and any
agreements that specifically refer to this Lease that are duly executed
by authorized agents of the parties hereto constitute the entire
agreement between Corporation and Lessee, and it shall not be further
amended, altered, or changed except by a written agreement that is
properly authorized and executed by the parties hereto
SECTION 35. Notices Service of all notices under this Lease
shall be sufficient if given personally or mailed to the party involved
at its respective address hereinafter set forth or at such address as
such party may provide in writing from time to time Any such notice
mailed to such address shall be effective when deposited in the United
States mail, duly addressed and with postage prepaid
SECTION 36 Titles The titles to the Sections of this Lease
are solely for the convenience of the parties and are not an aid in the
interpretation thereof
10
SECTION 37 Further Assurances and Corrective Instruments
Corporation and Lessee agree that they will, from time to time,
execute, acknowledge and deliver, or cause to be executed, acknowledged
and delivered, such supplements hereto and such further instruments as
may be reasonably required for correcting any inadequate or incorrect
description of the Property hereby leased or intended so to be or for
carrying out the expressed intention of this Lease
SECTION 38 Execution in Counterparts This Lease may
executed in several counterparts, each of which shall be original
all of which shall constitute but one and the same instrument
be
and
SECTION 39 Time. Time is of the essence in this Lease and each
and all of its provisions
SECTION 40 Lease Interpretation This Lease and the rights and
obligations of the parties hereunder shall be determined in accordance
with the laws of the State of California
IN WITNESS WHEREOF, the parties hereto have caused their
authorized agents to execute this Lease on the dates specified below
MUNICIPAL FINANCE CORPORATION
23945 Calabasas Road, Suite 103
Calabasas, CA 91302
(lessor)
By
Title
Date
MANAGER OF
ADMINISTRATION
CITY OF REDLANDS
35 Cajon St , P 0. Box 3005
Redlands, CA 92373-1505
(lessee)
By
Jo Harrison
Titl Mayor
Date
Attes
11
April 3, 2007
Lorr - Poyz Clerk
LEASE SCHEDULE *07-016
This Schedule is issued pursuant to the Lease with Option to Purchase
dated as of April 3, 2007 by and between the undersigned
A. Property Location 35 Cajon, Suite 6
Redlands, CA 92373
B Property Description Cable television equipment
C Name and Address of Supplier(s)
Pacific Video Products
14312 Franklin Ave , Suite 100
Tustin, CA 92780
D Lease Proceeds Summary
Estimated Property Cost
(including related expenses). $48,000 00
Less Capital Contribution (9,000 00)
Lease Proceeds $39,000 00
E Lease Term The full term of this Schedule is for a period
commencing on the date Lessee acknowledges acceptance of the Property
and concluding sixty (60) months thereafter
F Rental Payments Rental Payments for this Schedule are due in five
(5) consecutive annual payments in accordance with the Payment Schedule
herein Each payment includes interest at the rate of 4.9515 per annum
on the unpaid principal balance The Financing Amount in Section D
represents the original principal balance
G Lease Acquisition Cost The cost for Lessee to acquire the Property
over the full specified term of this Schedule is $44,977 85
H Payment Schedule. Payable annually in arrears
#07-016
PMT Due Date
1 09/27/08
2 09/27/09
3 09/27/10
4 09/27/11
5 09/27/12
TOTALS
(1) Rent (2) Purchase
Option
To
Principal
To
Interest
$8,995 57
8,995 57
8,995 57
8,995.57
8,995 57
32,733 30
25,133 14
17,156 78
8,785 58
0 00
$7,065 07
7,414 79
7,781.82
8,167 02
8,571.30
1,930 50
1,580 78
1,213 75
828 55
424 27
$44,977.85
Refer to the paragraph in the
Refer to the paragraph in the
"Release of Liens " Purchase
payment due on the same
day
Approved and agreed to
MUNICIPAL FINANCE CORPORATION
By
Title
Date
Lease entitled
Lease entitled
options are in
$39,000.00
$5,977.85
"Release of Liens"
"Purchase Option and
addition to the rental
CITY OF REDLANDS
(lessee )
By
Joys Harrison
Title yor
440,4
Date April 3, 2007
Attes
Lor ie Poy y Clerk
ASSIGNMENT OF LEASE #07-016
FOR VALUE RECEIVED, MUNICIPAL FINANCE CORPORATION ("Corporation")
as assignor without recourse does hereby sell, assign, and transfer to
WILLIAM A MORTON AND ANJA NOLTING MORTON, TRUSTEES OF THE WILLIAM A
MORTON AND ANJA NOLTING MORTON REVOCABLE TRUST DATED MAY 17, 2001
("Assignee") as assignee and its successors and assigns (i) all of its
right, title and interest in and to the attached Lease with Option to
Purchase contract dated April 3, 2007 between the Corporation as lessor
and CITY OF REDLANDS ("Lessee") as lessee (hereinafter said lease and
any supplements, amendments, additions thereof and any extension or
renewals thereof is referred to as the "Lease") and (ii) all moneys,
sums and amounts now due or hereinafter to become due under the Lease
Corporation represents that the Lease and Lease Schedule(s) delivered
to Assignee are the only duly executed duplicate originals and comprise
the entire writing, obligation and agreement between Corporation and
Lessee.
Corporation further represents and warrants that it has made no
prior sale or assignment of any interest covered hereby, that the Lease
is genuine and in all respects is what it purports to be, that Assignee
shall not be liable for and does not assume responsibility for the
performance of any of the covenants, agreements, or obligations
specified in the Lease to be kept, paid or performed by Corporation
with exception of Assignee's obligation to issue notices upon Lessee's
default of the Lease and to convey title to the leased Property upon
Lessee's exercise of its option to purchase said Property in
conformance with the terms of the Lease Corporation further represents
and warrants that as of the date this assignment is made, the Lease is
in full force and effect, has not been amended except as set forth in
instrument delivered to Assignee and Lessee is not in default of any
terms thereunder
Corporation hereby constitutes and irrevocably appoints Assignee
the true and lawful attorney of Corporation to demand, receive and
endorse payments and to give receipts, releases and satisfactions
either in the name of Assignee or in the name of Corporation in the
same manner and with the same effect as Corporation could do if this
Assignment of Lease had not been made Within fifteen (15) days after
receiving its full bargain with respect to each Schedule covered
hereby, Assignee shall cause to be released to Lessee its vested
interest in the Property thereto
This Assignment of Lease shall be construed and governed in
accordance with the laws of the State of California Any provision of
this Assignment of Lease found to be prohibited by law shall be
ineffective only to the extent of such prohibition, and shall not
invalidate the remainder of this Assignment of Lease.
This Assignment shall be binding upon and inure to the benefit of
the parties and their respective successors and assigns and is made in
accordance with the Municipal Lease Placement Agreement dated as of
January 1, 1999 entered into between Corporation and Assignee In the
case of litigation, the prevailing party shall be entitled to recover
from the opposing party all costs and expenses, including attorneys'
fees which may be the allocable cost of in-house counsel, incurred by
the prevailing party in exercising any of its rights or remedies
hereunder or enforcing any of the terms, conditions, or provisions
hereof
IN WITNESS WHEREOF, Corporation has caused this Assignment of
Lease to be executed by its duly authorized agent on the date specified
below
MUNICIPAL FINANCE CORPORATION
1) (assignor)
By 4
Title
Date
a,' 14?4:""
MANAGER OF
ADMINISTRATION
Wgid 7
ACKNOWLEDGEMENT OF ASSIGNMENT
The undersigned hereby acknowledges the assignment by MUNICIPAL
FINANCE CORPORATION over to WILLIAM A. MORTON AND ANJA NOLTING MORTON,
TRUSTEES OF THE WILLIAM A MORTON AND ANJA NOLTING MORTON REVOCABLE
TRUST DATED MAY 17, 2001 of that certain Lease with Option to Purchase
#07-016 dated as of April 3, 2007 (the "Lease"), entered into between
MUNICIPAL FINANCE CORPORATION as lessor and the undersigned as lessee
With respect to the Lease, the undersigned agrees to pay,
commencing with the first scheduled Rental Payment, all rentals and
moneys due or to become due under said Lease to WILLIAM A MORTON AND
ANJA NOLTING MORTON, TRUSTEES OF THE WILLIAM A MORTON AND ANJA NOLTING
MORTON REVOCABLE TRUST DATED MAY 17, 2001, c/o Municipal Finance
Corporation, 23945 Calabasas Road, Suite 103, Calabasas, CA 91302 and
further agrees it shall have no counterclaim or offset against rentals
due thereunder as to said Assignee and expressly further agrees that
said Assignee shall not (except for the obligations specifically set
forth in the foregoing Assignment of Lease) be liable for any of the
obligations or burdens of the lessor under said Lease
IN WITNESS WHEREOF, the lessee has caused this Acknowledgment of
Assignment to be executed by its authorized agent on the date specified
below
CITY OF REDLANDS
(lessee)
By �f�
Tit Ma or
on Harrison
Mayor
�"'• Date April 3, 2007
Attest
Lor. ie PoyzM' ty Clerk
2
CERTIFICATE OF LESSEE
The undersigned, duly authorized representative of City of Redlands
("Lessee") as lessee under that Lease with Option to Purchase #07-016 dated
as of April 3, 2007 ("Lease") with Municipal Finance Corporation as lessor,
hereby certifies as follows
1 I have been duly authorized to execute and deliver, on behalf of Lessee,
the Lease and related documents pursuant to a resolution adopted by
Lessee's governing body, which resolution is in full force and effect
and has not been amended, modified, supplemented or rescinded as of the
date hereof
2 Lessee has complied with all agreements and covenants and satisfied all
conditions contemplated by the Lease on its part to be performed or
satisfied on or before the date hereof
3 The representations, warranties and covenants of Lessee contained in the
Lease are true and correct in all material respects as of the date
hereof, as if made on this date.
4 No litigation is pending or, to the best of my knowledge, threatened
(either in state or federal courts) (a) to restrain or enjoin the
issuance and delivery of the Lease or the collection of revenues to be
used to meet Lessee's obligations under the Lease, (b) in any way
contesting or affecting the authority for the execution or delivery of
the Lease, or the validity of the Lease, (c) in any way contesting the
existence or powers of Lessee, as such existence or powers in any way
relate to the issuance of the Lease or Lessee's obligations under the
Lease, or (d) could materially adversely affect the financial position
of Lessee
5 The Property being leased pursuant to the Lease is essential to the
function of Lessee and is immediately needed by Lessee Such need is
neither temporary nor expected to diminish during the Lease term The
Property is expected to be used by Lessee for a period in excess of the
Lease term
6 The scheduled Rental Payments for the Property do not exceed the fair
rental value of the Property
7 Lessee's federal tax identification number is 95-6000766
8 That for calendar year 2007 and including the Information Return for
Tax -Exempt Governmental Obligations Form 8038-G filed with the Internal
Revenue Service for the Lease, Lessee has filed 5 Information
Return Forms) 8038-G with the Internal Revenue Service
The meaning of the capitalized terms in this Certificate are the same as
those provled in ,the Lease
By
n Harrison, Mayor
Date pril 3, 2007
Attes
INCUMBENCY AND SIGNATURE CERTIFICATE
I do hereby certify that I am the duly appointed and acting
Secretary/Clerk of the City of Redlands, a municipal corporation
validly existing under the Constitution and laws of the State of
California ("Lessee"), and that, as of the date hereof, the individual
named below is the duly appointed officer of Lessee holding the office
set forth opposite his/her respective name I further certify that (i)
the signature set forth opposite his/her respective name and title is
true and authentic and (ii) such officer has the authority on behalf of
Lessee to enter into that certain Lease with Option to Purchase 407-015
dated April 3, 2007, between Lessee and Municipal Finance Corporation,
and all documents relating thereto
Name
Title Signature
.,. Y.K . c., i".• a 1-% c. e Sic- � �
IN WITNESS WHEREOF, I have duly executed this certificate hereto
this 3rd day of April , 2007
/ J
ly
y C
Lorrie Poyz , ty Clerk
CERTIFICATE OF ACCEPTANCE #07-016
This Certificate of Acceptance is issued pursuant to the Lease with
Option to Purchase dated as of April 3, 2007 (the "Lease") between the
CITY OF REDLANDS (the "Lessee") as lessee and MUNICIPAL FINANCE
CORPORATION (the "Corporation") as lessor Lessee hereby acknowledges
as of the date specified below, the receipt inspection and acceptance
of the Property described on Lease Schedule#07-016
Lessee hereby certifies that the Property has been approved and
inspected is now in Lessee's possession and is in good order and repair
(subject to any undischarged vendor/contractor warranty obligations)
Lessee further certifies that no event has occurred and is continuing
which constitutes, or would constitute, an event of default but for any
requirement of notice or ±apse of time or bnth
- l7 , 20D-7
Property Acceptance Date
IN WITNESS WHEREOF, the Lessee's authorized agent confirms the Property
acceptance date specified above by executing this Certificate of
Acceptance
CITY OF REDLANDS
(lessee) y
By
Title
iii ?JQL(2 a7:Y2
MUNICIPAL FINANCE CORPORATION
23945 CALABASAS ROAD, SUITE 103
CALABASAS, CA 91302
(818) 224 4787
PAY TO THE
ORDER
WELLS FARGO BANK, NA
CALABASAS CA 91302
16-24/1220
5071
s' ,35DDD1 D 0
//Gr 4/JG,7 /��/ DOLLARS 8
Zedie' 77 -,r/
10'00 5O 7 los 1: 2 2000 2', 7':080 L L 9 3 7 4811
Certificate # 00
AUTHORIZATION TO REIMBURSE AND CERTIFICATION
OF VALUE RECEIVED #07-016
Pursuant to the terms of that certain Lease with Option to Purchase
#07-016 dated April 3, 2007, between. MUNICIPAL FINANCE CORPORATION
("Corporation") as lessor and CITY OF REDLANDS ("Lessee") as lessee,
the undersigned hereby requests Corporation (or the Assignee) to
reimburse $
completion of
to
Lessee
in
consideration
the leased Property Attached herewith,
in support
of
of
this request, is documentation including applicable Supplier invoices
reconciling prior expenditures for the Property made by the Lessee
Upon making this disbursement, Corporation (or the Assignee) will have
advanced the aggregate sum of $ X91 co 0 in Lease Proceeds
(TOTAL- erS t � c39 )
CITY OF REDLANDS
(lessee)
By
Title 'T-70-1'-ds-5e-G,t
Date
-87
APPROVED BY CORPORATION
By
Title
Date
lideze
MANAGER OF
ADMINISTRATION
/0 - ./-eYy
Zrozyr Or
C A Y• Y r oofY A`
PO Bore 3005 Itediaads, CA 92373
San otAtAarIca
CokmAiii- osvgoPm rtgkkK
7506 NEWI,AlitiviA SINE 200
miNurcnEHC CA 44660
ACCCUNTs PAYABLE CHECK
SIXTY THREE Thousand FOUR Hundred SIXTEEN Dollars
and ZERO Cents
PAY TpoRDEO
IHS
PACIFIC VIDEO PRODUCTS
14312 FRANKLIN AVE SUITE 100
TUS T IN, CA 92780
Check No
067617
VOID IF NOT CASHED 1MTHIN SIX MONTHS
00E,7E,L.7u' I,%21I LEi 24 7313O1!'DO5Et70
DESCRIPTION
PERFORM UPGRADES TO VIDEO
CHECK NO
067617
CUST #
07347
City of Redlands
Attn Accounts Payable
P 0 Box 3005
Redlands, CA 92373
PACIFIC VIDEO PRODUCTS INC
14312 Franklin Ave, Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576-0060
Fax# (714) 508-2136
www pacvideo corn
SHIPTO.
INVOICE
FACIE
NUMBER
DA It
1
70524
5/24/07
Police Department
Media Room - TV3
35 Cajon Street, Suite 6
Redlands, Ca 92373
CUST PURCH ORD NO
TERMS
ORDER # / DATE
REP
FAC
SHIP VIA
P006604
Net 30 Days
5/21/07
25
01
Install
ITEM QTY ITEM DESCRIPTION
SERIAL
NUMBER
QTY
ORD
QTY
SHP'D
QTY
B/0
UNIT
PRICE
AMOUNT
1 1 Perform Upgrades to Video
Camera Acquisition System
Located at Police Department
Media Office, Per Proposal
Dated March 29, 2007
45% DEPOSIT
U
VU
ENT
1
JUN
1
RIVERSI
4-20
DE SALE
07
DEPOSIT
SUB -TOTAL
5 TAX 7 75%
63,416 00
63,41 6 00
0 00
TERMS Due upon receipt of invoice Regardless of terms stated above, we
reserve the right to declare all sums due and payable if we deem ourselves
insecure by reason of customer's financial condition
FREIGHT
TOTAL DUE
0 00
63,416 00
q.TY OF
eankvfAmertqa
comuurrititkiEr_opmarr BANK t 214 ,
isvor4EweLLNENtm svirczxi
wiktglrfr "E61( CA 9.4P° • Checkiklo: 070502
$
,
Po Bcoc 30,3 ,-Redlancts, eA 92373 ACCOUNTS PAYABLE CI-IECK chedkDate 09/06/07
TWENTY TWO Thousand SEVEN HunOre0,DTTNETY ONE
Dollars and. SEVENTY TWO-
PAYTOTHE
OPMEMOR'
PACIFIC VIDEO PRODUCTS
I012FRANKLIN AVE SUITE 100
TUSTINr CA 92780
•• .
PAY THIS AMC LI NT
$ ***22,791:42
VOID IF NOT CASHED WITHIN SIX MONTHS
. • .
00 70 50 Ens 2 4 1,8 2 : 73 3C"00 5 7116
INVOICE DATE
INVOICE NO.
PO NO
AMOUNT Pap
08/18/07
77941
P006604
22,791 72
PERFORM UP
DESCRIPTION
GRADES TO VIDEO
VENDOR ACCT NO
CHECK DATE
09/06/07
CITY OF REDLANDS
CHECK TOTAL
22,791.72
VENDOR NO
V00006818
1
CHECK NO
070502
BILL
TO
PACIFIC VIDEO PRODUCTS, INC
14312 Franklin Ave. Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576 0060
Fax (714) 508-2136
Internet pacvideo corn
07347
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
SHIP
TO
INVOICE
NUMIUl
DATE].:.-
ASE .:
77941
08-18-07
1
REP ROBERT MYERS
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
CUST" PURCH ORD. NO : `.:
TERMS ;;
ORDER # f DATE SAet%:riEP
WHS
: SHIP VIA / FOB
1 006604
NET ON INVOICE
31970 25
07-16-07
01
DEL
ORIGIN
UNE
ITEM NUMBER /
SERIAL
QTY'
:" QTY
QTY:
UNIT
`
NO
DESCRIPTION .; `. ":
�:' NUMBS
Q.R
. SHP' D ..-
Ei'
PRICE;;
AMOUNT .:..
6
SON -999-60000-000
S01116609
4
4
5142.66
20570 64
BRC 300 3 CHIP CAMERA
S01116911
S01116576
S01116947
VAD -535-2000-208
1
1
565 72
565 72
WALL BRACKET FOR BRC300
CAMERA
()
WEBSITE. WWW. PACVIDEO COM
(.01-�"
nO C 0�Q
l �{(7
L
1
I TERL
,
•��
f
THANK YOU FOR YOUR ORDER!6-.),..;—
SUB -TOTAL
21136 36
&?N
BERNARDINO
SALES
TAX 7 75%
1638 07
Freight
17.29
TERAS. Due upon receipt of invoice terms as stated above regardless of above terms we reserve the right to declare all sums due and
''t
past' we deem ourselves insecure by reason of customer's financial condition Interest 1 112% per month (189 per annum) after 30 days
TOTAL
co , reasonable attorney's fees to be added in case of suit for collection Notification of claims for defects must be made within five days
of o,, received Positively no terms or discounts allowed except those appearing on this invoice Titles to merchandise shall remain in name
DUE
22791 72
of vendor until face purchase price paid RETURN!' A minimum 20% restocking fee will be charged on all returned merchandise
Prior
written 2uthortzaaon required within t days of receipt and return merchandise MUSE be received within 7 days of authortzation RESALE A
Cil
7,2%x/
e.
signed resale card must lat. on file prior to shipment or your shipment will be invoiced at the appropriate tax ran.
Customer Copy
CITY. O1
CALIFORNIA,
PO Boo( 3005 Redland3, CA 92373
Danko! America
COIMUTOTY DEVELOPMENT RANK
1500 NEWELLAMENUE SUITE 200
WALNUT CREEK. CA WOO
ACCOUNTS PAYABLE CHECK
SIXTY EIGHT Thousand NINE Hundred. THIRTY TWO
Dollars and SIXTEEN Cents
PAY TO THE
ORDER OF
PACIFIC VIDEO PRODUCTS
14312 FRANKLIN AVE SUITE 100
TUSTIN, CA 92780
2U1112,
1211
Check No
Check Date
070712
09/14/07
PAY THIS AMOUNT
$ ***68,932.16
VOID IF NOT CASHED Vv1THIN SIX MONTHS
7 5 2 4 ;1,• La 2. 2): 7 3 3011100 5 Si 7
INVOICE DATE
INVOICE NO
PO NO
AMOUNTPAID
DESCRIPTION
08/28/07
08/30/07
77967
77974
P006604
P006604
57,015
11,916
87
29
PERFORM UPGRADES TO VIDEO
$1800 deducted line #21
,-----
VENDOR ACCT NO
CHECK DATE
09/14/07
CITY OF REDLANDS
CHECK TOTAL
68,932 16
VENDOR NO
V00006818
CHECK NO
070712
PACIFIC VIDEO PRODUCTS, INC.
14312 Franklin Ave Suite 100
Tustin, CA 92780-7065
(714) 508 2750 (800) 576 0060
Fax (714) 508-2136
Internet pacvideo corn
BILL 07347
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
INVOICE
NUMBER
DATE
i'AE
77967
08-28-07
SHIP VIA! FOB
REP. ROBERT MYERS
SHIP
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
CUST PURCH ORD NO
TERMS
ORDER , d DATE
sALEEREr.WHS
:
SHIP VIA! FOB
006604
NET ON INVOICE
31970
07-16-07
25
01
DEL
ORIGIN
LINT;
NO
" ITEM NUMBER ! .
DESCFIIPT€O N:
SERIAL
NUMBER
QTY
ORD
QTY .
SHP' 0
QTY,
B/0
UNIT
PRICE
AMOUNT
1
BRPX-1000A
1
1
19655 17
19655.17
SLATE 1000 ANALOG
2
BRPX-47
1
1
1541 10
1541
10
ADDITIONAL ANALOG I/O
'BRPX-800
1
1
1046 33
1046
33
SONY CAMERA CONTROLLER
4
BRPX-814
1
0
1
667 81
0
00
422 STAR TO CONTROL FOUR
CAMERAS
5
BRPX-811
1
1
654 97
654
97
RS -232 TO—RS422 CONVERT
8
EXT -22-020-03
1
1
2000.00
2000.00
BN r wjr: r v r
9
SWI -3502A
100
100
0 00
0
00
RCA/M CABLE ENDS AUDIO
10
COM—B—BL
50
50
3 31
165
50
CONNECTORS
11
EXT -22-156-03
1
I
532 00
532
00
MIC/LINE CABLE 1000
12
EXT -22-1.51-03
2
2
0 00
0
00
SPEAKER CABLE 16GA 1K
TERMS. Due upop lece agsseted above regardless of above terms we reserve the right to declare all sums due and
pa) ` 'fwe deem oursel on of customer s financial condition Interest € 1/2% per month (18% per annum) after 30 days
TOTAL
co! , reasonable attorney s fees to be added in case of suit for collection Notification of claims for defects must be made within five days
of a.— received Positively no terms or discounts allowed except those appearing on this invoice Titles to merchandise shall remain in name
DUE
of vendor until fact. purchase price paid RETURNS A minimum 20'k restocking fee will bt, charged on all returned merchandise Prior
written authorization required within 15 days of receipt and return merchandise must be received within 7 days of authorization RESALE A
signed resale card must be on file prior to shipment or your shipment will he invoiced at the approprtace tax rat_
0V -to
.P c) f.} lv U 6
t!'
0L4
-, zt g
t i (�
I6 ~t�h
PACIFIC
VIDEO PRODUCTS
INCORPORATED
BILL
TO
PACIFIC VIDEO PRODUCTS, INC
14312 Franklin Ave Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576-0060
Fax (714) 508-2136
Internet pacvideo com
07347
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
SHIP
TO
INVOICE
NUMBER :
:ISA -TE
. PAGE
77967
08-28-07
2
REP. ROBERT MYERS
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
OUST. PURCH. ORD.: NO.
: TERMS
ORDER .# ! DATE sAtE$REP
WHS
'. SHIP VIA / FOB
006604
NET ON INVOICE
31970 25
07-16-07
01
DEL
ORIGIN
LIEF
NI
: ITEM NUMBER / .:
; DESCRIPTION ..,;,
I
SERIAL
NUMBER
QTY;
ORD:
QTY
SHP D,.
CITY
.. I3/0'
UNIT
PRICE
AI+/lOUi�1T ..
.
14
LG-32LC5DL
707MXPHOV20
1
1
2511 76
2511.76
LCD DIPLAY 32"
0
16
LEI -NEXUS
OOEOFB0307O
1
1
7191 78
7191.78
EVENTS MANAGER
0
22
MID-ERK3525
2
2
0 00
0.00
AV RACK 35U
23
MID-ERK-RR35
2
2
0.00
0 00
RACK RAIL
24
MID-CBS-ERK-25
2
2
0.00
0 00
' .. '—. • W' '
ASE
25
MID-PD1020C-NS
2
2
0 00
0 00
AC STRIP 10 OUTLETS
26
MID-UQFP-2D
2
2
0 00
0 00
QUIET FAN X2 WITH
THERMOSTAT
27
MID-DC3
2
2
0 00
0 00
STORAGE DRAWER 3 U
TERMS Due upo* kce a. s ted above regardless of above terms we reserve the right to declare all sums due and
ton
'" of customer s financial condition Interest I l/2% per month (18% per annum) after 30 days
pay — °` we deem oursei
TOTA L
cost reasonable attorney s fees to be added in case of suit for collection Notification of claims for defects must be made within five days
of L. ceived Positively no terns or discounts allowed except those appearing on this invoice Titles to merchandise shall remain in name
DUE
of vendor until face purchase price paid RETURNS A minimum 2070 restocking fee will be charged on all returned merchandise
Prior
_...
written authorization required within l5 days of receipt and return merchandise must be received within 7 days of authorization RESALE A
,igned resale card must hi on file prior to shipment or your shipment will be invoiced at the. appropriate tax rue
PACIFIC VIDEO PRODUCTS, INC
14312 Franklin Ave Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576-0060
Fax (714) 508 2136
Internet pacvideo com
BILL 07347
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
INVOICE
NUMBER;r .-,
;,. .. DATE....
;PAGE
77967
08-28-07
3
REP• ROBERT MYERS
SHIP
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
OUST, PURCH, ORD NO: .,' ,
;: TERM .. :.:',,. ..
ORDER #/ DATE
snt:tgall
WHS.
: SHIP VIA/ F08
;
006604
NET ON INVOICE
31970
25
01
DEL
07-16-07
ORIGIN
1..I
tv0.
J [TEM NUMBER
.. .:: CIf 50»JP 10N
SERIAL
% PlUMgEF[
QTY;!.
fiC?:
QTY
SHP<
DTY''
::; BA).
'' UNIT:::
PRI:C .
AMOUNT
28
MID -SS
4
4
0 00
0
00
HEAVY DUTY SLIDING RACK
SHELF
29
MID-HP500
1
1
0 00
0
00
RACK SCREWS PK/500
3 EXT -60-447-01
1
1
428.57
428.57
MDA5SV 5 OUTPUT SVIDEO DA
31
LABOR -31970B
16
16
90 00
1440
00
RACK BUILD 2 RACKS
32
TEN-DV-MP6000
00094370
1
1
3294 26
3294
26
DVD RECORDER
4—DVi7PRMPRO41
-RM
6
R$PH40-001 6 0
1
1
---9-1-4.28
9-1-4-72-8—
PREMIUM DVD PRO 16
DUPLICATOR
35
BLUE328
1
1
7780 00
7780
00
COMPACT 8X8 MIXER
36
EXT -22-123-03
1
1
0 00
0
00
BNC-2 BULK CABLE 500FT
37
EXT -22-129-03
1
1
0 00
0
00
S VIDEO CABLE PLENUM
TERMS; Due upok iece mewed above regardless of above terms we reserve the right to declare all sums due and
�on
pay' we deem ourselves -me -cam of customer s ftnancia condition Interest 1 1/2% per month (18% per annum after 30 days,
TOTAL
cos, reasonable attorney s fees to be added in case of sun for collection Notification of claims for defects must be made within five days
of date. received Positively no terms or discounts allowed except those appearingon this invoice Titles to merchandise shall remain in name
DUI*
of vendor until face purchase price paid RETURNS: A minimum 20% restocking fee will be charged on all returned merchandise Prior
written authorization required within 15 days of receipt and return merchandise must be received within 7 days of authorization RESALE A
signed resale card must be on ilk prior to shipment or your shipment will be invoiced at the appropriate tax rate
PACIFIC VIDEO PRODUCTS, INC.
14312 Franklin Ave Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576-0060
Fax (714) 508-2136
Internet pacvideo com
BILL 07347
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
SHIP
TO
INVOICE
• NUMBER>-.
: DATE:,
PAG. :
77967
08-28-07
4
REP ROBERT MYERS
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
CUST. PURCK OFi0 NQ
TERMS
ORDER :#'/DATE
9nti:5Ra
WHS
51 -HP VIA / FOB
.
006604
NET ON INVOICE
31970
07-16-07
25
01
DEL
ORIGIN
LINE
NO,
ITEM NUMBER• 1
DESCRIPTION...
SERIAL
NUMC F3
QTY:
tRI3,
QTY
SHP' D
QTY ;
BCS ` ..
UNIT.::.
PRICE
AMOUt'1T, '.
38
EXT -26-353-01
20
20
0
00
0.00
ADAPTER CABLE 8"
39
EXT -26-531-01
20
20
0
00
0
00
BNC-5 15PHD ADAPTER
VGA TO BNC5 ADAPTER CABLE
6"
40
302
2
1
1
0
00
0
00
4 CH ANALOG MODULE
41
V-R82DP-2C
1
1
0
00
0
00
DUAL 8" DISPLAY
42
CTM-MS1
1
1
0
00
0
00
LCD MOUNTING KIT
43
PRO —'Ell—'1'86U
1
1
0-00
0
OU
FLOOR STAND
44
EXT-BBG6A
A036WB1
1
1
0
00
0
00
BLACK BURST GENERATOR
51
EXT -60-477-01
A03M615
1
1
3654
00
3654
00
VSC700 HI REZ COMPUTER
VIDEO SCAN CONVERTER
52
EXT -60-692-22
A0330FX
1
1
0
00
0
00
1X6 DA
TER 9, Due upp**ce4prOTittrimumr1 awiated above regard ess of above terms we reserve the right to declare all sums due and
pa,' we deem oursel�TerenlectY[on of customer s financial condition Interest 1 1/2% per month (18% per annum after 30 days
TOTAL
cos reasonable attorney's fees to be added in case of suit for collection Notification of claims for defects must be made within five days
of date received Positively no terms or discounts allowed except those appearing on this invoice Titles to merchandise shall remain in name
DUE
of vendor until face purchase price paid RETURNS A minimum 20,E restocking fee will be charged on ail returned merchandise Prior
written authorization required within 15 days of receipt and return merchandise must be received within 7 days of authorization RESALE. A
signed resale card must be on file prtnr ro shipment or your shipment will be invoiced at the appropriate tax rate
PACIFIC VIDEO PRODUCTS, INC
14312+Franklin Ave Suite 100
Tustin, CA 92780-7065
(714) 508-2750 (800) 576-0060
Fax (714) 508-2136
Internet pacvideo con'
BILL 07347
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
INVOICE
NUMBER
DATE..
PAGE
77967
08-28-07
5
REP• ROBERT MYERS
SNIP
To CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
� , .
CYST; PUNCH: OR€3a No
T>=etas:..
ORDER # / DATE
SALES REP
WHS ;
SHIP VIA / Fag
006604
NET ON INVOICE
31970
07-16-07
25
01
DEL
ORIGIN
LINE
NO.
ITEM NUMBER / ;
DESCRIPTION..,
•
SERIAL,
NUMBE
QTY.;
ORD
QTY
SHP' B
.QTY.,:
8/0 •
UNIT.,.,.
_ F tICB
AMouNrr
1
'---.,
WEBSITE. WWW PACVIDEO.COM
1
THANK YOU FOR YOUR ORDER!
SAN
BERNARDINO
SALES
SUB -TOTAL
TAX 7 75%
Freight
52809 72
3981.15
225 00
TER'�`N Due upon receipt of invoice terms
deem insecure by reason
as stated above regardless of above terms we reserve the right to declare all sums due and
of customer s Financia condition Interest 1 112% per month (18% per annum after 30 days,
in case of suit for collection Notification of claims for defects must be made within five days
allowed except those appearing on this invoice Titles to merchandise shall remain in name
A minimum 20% restocking fee will be charged on all returned merchandise Prior
TOTAL
DUE
57015 87
pa; we ourselves
cos iSrj reasonable attorney s fees to be added
of date received Positively no terms or discounts
of vendnr until face. purchase once paid RETURNS.
written authorization required within 15 days of receipt and return merchandise must be received within 7 days of authorization RESALE A
signed resale card must be on Ole prior to shipment or your shipment will be invoiced at the appropriate lax rate
Customer Copy
PACIFIC VIDEO PRODUCTS, INC.
14312 Franklin`Ave. Suite 100
Tustin, CA 92780 7065
(714) 508-2750 (800) 576 0060
Fax (714) 508-2136
Internet pacvideo corn
BILL 07347
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
INVOICE
NU MBEfi _
DATE
: PAGE.
77974
08--30-07
2
REP• ROBERT MYERS
SHIP
TO CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
OUST. PURL -t ORD. NO.. ,
TERNS
ORDER.* / DATE
gALtvitm
WHS
SHIP VIA E FOB
006604
NET ON INVOICE
31970
07-16-07
25
01
DEL
ORIGIN
LINE
NO
ITEM NUMBER 1
DESCRl:E 7(Oh1 ,
SERIAL
NUMBER
QTY;
OEC?
QTY
I. D
PPRICE'
" QTY':
WO-:
UNIT'
. ;
AMOUNT
WEBSITE. WWW.PACVIDEO COM
THANK YOU FOR YOUR ORDER!
SAN
BERNARDINO
SALES
000
0 c
0 0
i �, 7 N d9
TEP -'''S.: Due upon receipt of invoice, terms as stated above regardless o above terms ws. reserve the right to declare ail sums due and
paf` t we deem ourselves insecure by reason of customer s financial condition Interest 1 112% per month (18% per annum) after 30 days,
cos .s reasonable attorney s fees to be added in case of suit for collection Notification of claims for defects must be made within fivt_ days
of date received Positively no terms or discounts allowed except those appearing on this invoice Tides to merchandise shall remain in name
of vendor until face purchase price paid RETURNS A minimum 20% restocking fee will be charged on all returned merchandise Prior
written authonzanon required within 15 days of receipt Ind return merchandise must be received within 7 days of authorization RESALE A
signed resale card must be on file prior to shipment or your shipment will be invoiced at the appropriate tax rate
Customer Copy
002
i a A[.�l}
� �t
cxTY or
CAL I P o N I A
O Box 3005 Redlands, CA 92373
(909) 798-7525 FAX (909) 798 7522
TO' [ACIFIC VIDEO PRODUCTS
14312 FRANKLIN AVE SUITE 100
TUSTIN, CA 92780
L
DELIVER ITEMS TO:
POLICE DEPARTMENT
MEDIA ROOM - TV3
35 CAJON STREET, STE 6
REDLANDS, CA 92373
PURCHASE ORDER
PO NUMBER
P006604
DATE
05/21/07
VENDORID
V00006818
DELIVERY DATE.
FOB
REQUISITION NO
67810
OUR PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, PACKING
LIST AND CORRESPONDENCE
P006604
SEND INVOICE TO:
CITY OF REDLANDS
ATTN: ACCOUNTS PAYABLE
P.O. BOX 3005
REDLANDS, CA 92373
ITEM
DESCRIPTION
QTY
UNIT
UNIT PRICE
EXTENSION
0-q1
ORDER TO ROBERT MYERS
VIA EMAIL 5/21/07
RE PROJECT NO. 60513 1
PERFORM UPGRADES TO VIDEO
CAMERA ACQUITION SYSTEM LOCATED
AT POLICE DEPARTMENT MEDIA
OFFICE, PER PROPOSAL DATED
MARCH 29,2007
NOTE THIS PURCHASE ORDER NOT
EXCEED $ 140,924 05
APPROVED BY CITY COUNCIL
APRIL 3, 2007
ATTENTION! REFERENCING
PURCHASE ORDER NUMBER ON
INVOICE WILL EXPEDITE PAYMENT
PARTIAL PAYMENTS AUTHORIZED
Account Numbers
101202 7140
TOTAL
THE ARTICLES SPECIFIED ARE SUBJECT TO THE FOLLOWING CONDITIONS
1 Goods other than those specified on this order must not be substituted or prices changed without authorization
2 The right of cancellation in case of long delay In shipment Is reserved
3 If the quantity shipped is short of the purchase order quantity specify on the packing slip if that quantity Is on
back order or cancelled
4 Prepay shipping charges, if any, and add to Invoice
6 Ship "Open Account No C.O D s will be accepted
AUTHORIZED SIGNATURE
1 certify that the Articles and/or Services have
been received and that same have been inspected
and accepted as otherwise indicated hereon
Office of the
City Attorney
City of Redlands
April 9, 2007
Municipal Finance Corporation
23945 Calabasas Road, Suite 103
Calabasas, CA 91302
Daniel J McHugh
City Attorney
Michael Reiter
Assistant City Attorney
Re Lease with Option to Purchase #07-016 dated as of April 3, 2007 by and between
Municipal Finance Corporation ("Corporation") as lessor, and City of Redlands ("Lessee")
as lessee
Ladies and Gentlemen
I have acted as counsel to Lessee with respect to the Lease with Option to Purchase
agreement described above (the "Lease") and in this capacity have reviewed a copy of the
executed Lease and related documents or exhibits attached thereto Based upon the examination
of these and such other documents as I deem relevant, it is my opinion that
1 Lessee is a municipal corporation and political subdivision of the State of
California (the "State"), duly organized, existing and operating under the
Constitution and Laws of the State
2 Lessee is authorized and has the power under applicable law to enter into the
Lease, and to carry out its obligations thereunder and the transactions
contemplated thereby
3 The Lease has been duly authorized, approved, executed and delivered by and on
behalf of Lessee, and is a legal, valid and binding contract of Lessee enforceable
in accordance with its terms, except to the extent limited by State and Federal
laws affecting remedies and by bankruptcy, reorganization or other laws of
general application relating to or affecting the enforcement of creditor's rights
4 A resolution duly authorizing the execution and delivery of the Lease and related
documents was duly adopted by the governing body of Lessee on April 3, 2007
and such resolution has not been amended or repealed and remains in full force
and effect
P 0 Box 3005 • Redlands, CA 92373 • (909) 798-7595 • FAX (909) 798-7503
DJM12007 Letters\Legal Opinion — Municipal Finance
MUNICIPAL FINANCE CC. i ORATION
RE Lease with Option to Purchase #07-016 dated as of Apri13, 2007 by and between
MUNICIPAL FINANCE CORPORATION, ("Corporation") as lessor, and CITY OF
REDLANDS ("Lessee") as lessee
April 9, 2007
Page 2
5 There is no litigation, action, suit or proceeding pending or, to the best of my
knowledge after due inquiry, threatened before any court, administrative agency,
arbitrator or governmental body that challenges the authority of Lessee to enter
into the Lease or the ability of Lessee to perform its obligations under the Lease
and the transactions contemplated thereby
This opinion may be relied upon by Municipal Finance Corporation, its successors and
assigns
Very truly yours,
'r -
Daniell McHugh
City Attorney
Cc N Enrique Martinez, City Manager
Tina Kundig, Finance Director
RESOLUTION NO 6591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING
THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City of Redlands (the "City") is a municipal corporation organized and
existing under and pursuant to the Constitution and laws of the State of California, and
WHEREAS, the City desires to provide for financing m the approximate amount of
$39,000 00 fat the acquisition of cable television equipment (the "Property"), and
WHEREAS, Municipal Finance Corporation (the "Corporation") has proposed a cost-
effective lease purchase financing arrangement at a 4 95% interest rate,
WHEREAS, the City has determined that this lease financing arrangement is the most
economical means for pi ovidmg the Property to the City
NOW, THEREFORE, it is resolved by the City Council of the City of Redlands as
follows
SECTION 1 Lease with Option to Purchase The Mayor is hereby authorized to entei
into a Lease with Option to Purchase (the "Lease") with the Corporation to finance the Property,
subject to approval as to form by the City's Attorney
SECTION 2 Attestations The City Clerk or other appropriate City offices are hereby
authorized and directed to attest the signature of the Mayor or of such other person or persons as
may have been designated by the Mayor, and to affix and attest the seal of the City, as may be
required or appropriate in connection with the execution and delivery of the Lease
SECTION 3 Other Actions The Mayor, City Manager or the Finance Director of the
City are each hereby authorized and directed, jointly and severally, to take any and all actions
and to execute and deliver any and all agreements, documents and certificates which they may
deem necessary or advisable in order to carry out, give effect to and comply with the terms of
this Resolution and the Lease Such actions are hereby ratified, confirmed and approved
SECTION 5 Reimbursement of Prior Expenditures The City declares its official intent
to be reimbursed from the proceeds of the Lease approved hereby for a maximum principal
amount of S39,000 00 of expenditures occurring no earlier than sixty days prior to the adoption
of this Resolution All reimbursed expenditures will be capital expenditures as defined in Section
1 150-1(b) of the Fedei al Income Tax Regulations
SECTION 6 Effect This Resolution shall take effect immediately upon its passage
ADOPTED, SIGNED AND APPROVED this 3rd day of April, 2007
ATTEST
Harrison, Mayor
I, Lorne Poyzei, City Cleik of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of April,
2007, by the following vote
AYES Councilmembers Gilbreath, Gil, Gallagher, Aguilar, Mayor Harrison
NOES None
ABSENT None
ABSTAIN None
Lorn oyzer, Cit Cl k
8038-GC to follow after filing
Form 8038 -GC
(Rev November 2000)
Department of the Tteasury
Internal Revenue Service
Information Return for Small Tax -Exempt
Governmental Bond Issues, Leases, and Installment Sales
► Under Internal Revenue Code section 149(e)
Caution If the rssuc pact. of the issur rs 5100 000 or more use Form 8038 G
OMB No 1545 0720
GM Reporting Authority
1 Issuer's name
City of Redlands
Check box if Amended Return ► LI
2 Issuer's employer identification number
Number and street (or P 0 box if mail is not delivered to street address)
35 Cajon St
Room/suite
City, town or post office State and TIP code
Redlands CA 92373-1505
5 Report number
5
6 Name and title of officer or legal representative whom the IRS may call for more information
Tina Kundig, Finance Director
7 Telephone number of oIl cer or lega representative
( 909 ) 798 7543
MID Description of Obligations Check if reporting a single
issue ❑ or on a consolidated basis D
8a Issue pnce of obligation(s) (see instructions)
b Issue date (single issue) or calendar year (consolidated) (see instructions) ►
9 Amount of the reported obligation(s) on line 8a
a Used to refund prior issue(s)
b Representing a loan from the proceeds of another tax exempt obligation (e.g bond bank)
10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(I11) (small issuer exception),
11 If any obligation is in the form of a lease or installment sale check this box
12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate check this box
Under penalties of perjury I declare that I have examined this return and accompanying schedules and statements
and belief they are true, correct and complete
Sign
Here
9a
9b
check this box
❑
❑
dle.4 *II/WAY/
Issue ' authorized representative
Date
and to the best of my knowledge
Jon Harrison, Mayor
Type or print name and title
General Instructions
Section references are to the internal
Revenue Code unless otherwise noted
Purpose of Form
Form 8038 -GC is used by the issuers of
tax exempt governmental obligations to
provide the IRS with the information required
by section 149(0) and to monitor the
requirements of sections 141 through 150
Who Must File
Issuers of tax exempt governmental
obligations with issue prices of less than
$100 000 must file Form 8038 GC
Issuers of a tax exempt governmental
obligation with an issue price of $100,000 or
more must file Form 8038 G information
Return for Tax Exempt Governmental
Obligations
Filing a separate return Issuers have the
option to file a separate Form 8038 -GC for
any tax exempt governmental obligation with
an issue price of less than $100,000
An issuer of a tax exempt bond used to
finance construction expenditures must File a
separate Form 8038 GC for each issue to
give notice to the IRS that an election was
made to pay a penalty in lieu of arbitrage
rebate (see the line 12 instructions)
Filing a consolidated return For all
tax exempt governmental obligations with
issue prices of less than $100 000 that are
not reported on a separate Form 8038 GC,
an issuer must file a consolidated information
return including all such issues issued within
the calendar year
Thus an issuer may file a separate Form
8038 GC for each of a number of small
issues and report the remainder of small
issues issued during the calendar year on one
consolidated Form 8038 GC However a
separate Form 8038 GC must be filed to give
the IRS notice of the election to pay a penalty
in lieu of arbitrage rebate
When To File
To file a separate return, file Form 8038 GC
on or before the 15th day of the second
calendar month after the close of the
calendar quarter in which the issue is issued
To file a consolidated return, file Form
8038 GC on or before February 15th of the
calendar year following the year in which the
issue is issued
Late filing An issuer may be granted an
extension of time to file Form 8038 -GC under
Section 3 of Rev Proc 88 10 1988 1 C B
635 if it is determined that the failure to file
on time is not due to willful neglect Type or
print at the top of the form "This Statement
Is Submitted in Accordance with Rev Proc
88 10 Attach to the Form 8038 GC a letter
briefly stating why the form was not
submitted to the IRS on time Also indicate
whether the obligation in question is under
examination by the IRS Do not submit copies
of any bond documents, leases, or installment
sale documents See Where To File below
Where To File
File Form 8038 -GC and any attachments
with the Internal Revenue Service Center,
Ogden UT 84201
Other Forms That May Be Required
For rebating arbitrage (or paying a penalty in
lieu of arbitrage rebate) to the Federal
government use Form 8038 T Arbitrage
Rebate and Penalty in Lieu of Arbitrage
Rebate For private activity bonds use Form
8038, information Return for Tax Exempt
Private Activity Bond Issues
Rounding to Whole Dollars
You may show the money items on this
return as whole dollar amounts To do so
drop any amount less than 50 cents and
increase any amount from 50 to 99 cents to
the next higher dollar
Definitions
Obligations This refers to a single
tax exempt governmental obligation if Form
8038 GC is used for separate reporting or to
multiple tax exempt governmental obligations
if the form is used for consolidated reporting
Tax-exempt obligation This is a bond
installment purchase agreement or financial
lease on which the interest is excluded from
income under section 103
Tax exempt governmental obligation A
tax exempt obligation that is not a private
activity bond (see below) is a tax exempt
governmental obligation This includes a bond
issued by a qualified volunteer fire
department under section 150(e)
Private activity bond This includes an
obligation issued as part of an issue in which
• More than 10% of the proceeds are to be
used for any private activity business use
and
Cat No 64108B Form 8038 -GC (Rev 11 2000)