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HomeMy WebLinkAboutContracts & Agreements_40-1993_CCv0001.pdf LL,o,"-'t'. t-vH GOMPLETION BY LESSOR Emergency One , Inc . _ 2 2 n d S t . , _R o o m-1 10 0 Always Refer to Lease No, M- 016 13 Oak Brook, IL 60521 LESSEE: Name:_ City of Redlands Address: P. O• Box 3005 City Redlands State CA _...Zip Code Contact and Title: Gary Lu e b b e r s , City Manaqer Telephone No, 909/798-7525 ITEM QUANTITY EQUIPMENT DESCRIPTION (Include Make, Model, Serial No.and all Attachments) 1 1 One ( 1 ) Emergency One Refurb Hush Pumper Fire Apparatus mounted on an Emergency One Hush Chassis LEASE TERM TOTAL EQUIPMENT COST RENT DUE (Period) NOJAMOUNT OF RENTAL PAYMENTS Monthly Payments See payment schedule attached hereto and made a part hereof Three (3) Years $90, 675 . 94 In Arrears ("Payment schedule"), MUNICIPAL LEASE AND OPTION AGREEMENT Lessor hereby leases to Lessee the Equipment for the purposes and upon the fallowing terms and conditions: ARTICLE 1:COVENANTS OF LESSEE.Lessee represents,covenants and warrants,for ARTICLE IiI:COMMENCEMENT OF LEASE TERM. the benefit of Lessor and its assignees,as follows: The original Term of this Agreement shall commence on the date the Equipment is A.Lessee is a public body,corporate and politic,duly organized and existing under accepted by Lessee as indicated on the Certificate of Acceptance ("Commencement the Constitution and laws of the State as set forth above ("State")and will do or cause Date") and shall terminate the last day of Lessee's current fiscal year. For the duration to be done all things necessary to preserve and keep in full force and effect its exis- of the Lease Term, this Agreement will be automatically renewed at the end of the tence as a body corporate and politic. Original Term and any Renewal Term unless the Lessee gives written notice to Lessor not less than ninety (90) days prior to the end of the original Term or Renewal Term B. Lessee has been duly authorized to execute, delhier and perform this Agreement then in effect of Lessee's intention to terminate this Agreement pursuant to Article V as under the Constitution and laws of the State and under the terms and provisions of the the case may be. resolution of its governing body, or by other appropriate official approval. Lessee further represents, covenants and warrants that all requirements have been met, and procedures have occurred in order to ensure the enforceability of this Agreement. ARTICLE IV: INSPECTION. Lessor shall have the right at all reasonable times during Lessee shall cause to be executed an opinion of its counsel in form acceptable to business hours to enter into and upon the property of Lessee for the purpose of in- Lessor. specting the Equipment. C. During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of ARTICLE V:RENT PAYMENTS. Lessee consistent with the permissible scope of Lessee's authority and will not be used Section 5.01 Rent Payments to Constitute a Current Expense of Lessee. Lessor and in a trade or business of any person or entity other than the Lessee. Lessee understand and intend that the obligation of Lessee to pay Rent Payments D. During the period this Agreement is in force, Lessee will annually provide Lessor hereunder shall con:,titute a current expense of Lessee and shall not in any way be with current financial statements,budgets,proof of appropriation for the ensuing fiscal construed to be a debt of Lessee in contravention of any applicable constitutional or year and such other financial information relating to the ability of Lessee to continue statutory limitations or requirements concerning the creation of indebtedness by this Agreement as may be reasonably requested by Lessor. Lessee, nor shall anything contained herein constitute a pledge of the general tax E. The Equipment is, and shall remain during the period this Agreement is in force, revenues,funds or monies of Lessee. personal property and when subject to use by Lessee under this Agreement,will not be Section 5.02 Payment of Rent Payments. Lessee shall pay Rent Payments,exclusively or become fixtures. from legally available funds to Lessor in the amounts and on the dates set forth in the Payment Schedule attached to this Agreement.A portion of each Rent Payment is paid as, and represents;payment of, interest and principal, respectively. Balances not paid ARTICLE It: DEFINITIONS. The following terms will have the meanings indicated when due shall be subject to past due interest at the rate of 18% per annum or the below unless the context clearly requires otherwise: highest rate permitted by law,whichever is less.Notwithstanding any other provision of "Lease Term" means the Original Term defined in Article III hereof and a sufficient this agreement and under any and all circumstances, Lessee is obligated to pay number of automatic Renewal Terms as will constitute the number of months set forth interest to Lessor on the purchase price (remaining balance) at the per annum rate on the face of this Agreement. specified in this agreement for each day this agreement remains in effect. All such "Lessor" means the entfty designated on the face of this Agreement as Lessor here- unpaid interest shall be due immediately upon termination of this lease. under. Section 5.03 Rent Payments to be Unconditional. Subject to Section 5.05, the obliga- "Purchase Price"means the amount which Lessee may,at its option, pay to Lessor in tion of Lessee to make payment of Rent Payments and other payments required under order to purchase the Equipment,as set forth in the Payment Schedule attached to this this Agreement shall be absolute and unconditional in all events.Lessee shall make all Agreement,subject to the terms of Article IX. such payments when due and shall not withhold any such payments as a result of any disputes arising among Lessee and Lessor, any Vendor or any other person,nor shall "Renewal Term(s)" means the automatic renewal periods of this Agreement, each Lessee assert any right of set-off or counterclaim against its obligation to make such having a duration of one(1)year co-terminous with Lessee's fiscal year except the last payments or be entitled to any abatement of such payments as a result of accident or of such automatic renewal periods which shall end on the anniversary of the unforeseen circumstances. Commencement Date.The terms and conditions during any Renewal Term shall be the Section 5.04 Continuation of Lease Tenn by Lessee. Lessee Intends to continue the same as the terms and conditions during the Original Term, except that the Rent Lease Term through the Original Term and all of the Renewal Terms and to pay the Payments shall be as provided in the attached Payment Schedule. Rent Payments hereunder.Lessee reasonably believes that legally available tunds of an "Vendor"means the manufacturer of the Equipment as well as the agents or dealers of amount sufficient to make all Rent Payments during the Original Term and each the manufacturer. Renewal Term can be obtained. Lessee further intends to do all things lawfully within (continue on back) THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ABOVE AND ON REVERSE SIDE WHiCH ARE MADE A PART HEREOF. ACCEPTED AT: Date _ � 5_.c 1993 LESSEE ACKNOWLEDGES 2F.AnING AND RECEIVING A COPY OF T1fIS AGREEMENT Emergency One, Inc . Gly'., or REDLANDS, Qg.FORNIA (Leasee Name as t1?wve) (Lessor) This c rtfyai red aCirnaa tl.•t he has beer, July authorized to abovensrned e. By._ ~� By: _ Title:— \[ TiMAY , Tide: ATTEST I Cceno - rf 1 (`i tv hl orlr LtCaUh: FOR COMPLETION BY LESSOR Emergency One, Inc . 1415 W. 22nd St. , Room 1100 Always Refer to Lease No, M- 01 6 13 Oak Brook, IL 60521 LESSEE: Name: City of Redlands Address: 1270 W. Park Avenue City Redlands State CA zipCode 92373 Contact and Title: Cary Luebbers, P.A. Telephone No. 909/798-7525 ITEM QUANTITY EQUIPMENT DESCRIPTION (Include Make, Model,Serial Na'and all Attachments) 1 1 One (1) Emergency One Refurb Hush Pum er Fire Apparatus mounted on an Emergency One Hush Chassis LEASE TERM TOTAL EQUIPMENT COST RENT DUE (Period) NOJAMOUNT OF RENTAL PAYMENTS Monthly Payments See payment schedule attache'' Three (3) Years $90,675 . 34 'In Arrears hereto and made a part hereof ("Payment Schedule"). MUNICIPAL LEASE AND OPTION AGREEMENT Lessor hereby leases to Lessee the Equipment for the purposes and upon the following terms and conditions: ARTICLE 1:COVENANTS OF LESSEE.Lessee represents,covenants and warrants,for ARTICLE III:COMMENCEMENT OF LEASE TERM. the benefit of Lessor and its assignees,as follows: The Original Term of this Agreement shall commence on the date the Equipment is A.Lessee is a public body,corporate and politic,duly organized and existing under accepted by Lessee as indicated on the Certificate of Acceptance ("Commencement the Constitution and laws of the State as set forth above("State")and will do or cause Date") and shall terminate the last day of Lessee's current fiscal year. For the duration to be done"all things necessary to preserve and keep in full force and effect its exis- of the Lease Term, this Agreement will be automatically renewed at the end of the tense as a body corporate and politic. Original Term and any Renewal Term unless the Lessee gives written notice to Lessor not less than ninety (90) days prior to the end of the Original Term or Renewai Term B. Lessee has been duly authorized to execute, deiiver and perform this Agreement then in effect of Lessee's intention to terminate this Agreement pursuant to Article V as under the Constitution and laws of the State and under the terms and provisions of the the case may be. resolution of its governing body, or by other appropriate official approval. Lessee further represents, covenants and warrants that all requirements have been met, and procedures have occurred in order to ensure the enforceability of this Agreement. ARTICLE IV: INSPECTION. Lessor shall have the right at all reasonable times during Lessee shalt cause to be executed an opinion of its counsel in form acceptable to business hours to enter into and upon the property of Lessee for the purpose of in- Lessor. specting the Equipment. C. During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of ARTICLE V:RENT PAYMENTS. Lessee consistent with the permissible scope of Lessee's authority and wilt not be used Section 5.01 Rent Payments to Constitute a Current Expense of Lesay,, ssor and n a trade or business of any person or entity other than the Lessee. Lessee understand and intend that the obligation of Lessee_ to pay Rent P69MOR!! D. During the period this Agreement is in force, Lessee wilt annually provide Lessor hereunder shall constitute a current expense of Lessee and'SY1,Cl'14 i�nie4►yt r�be,�_ with current financial statements,budgets,proof of appropriation for the ensuing fiscal construed to be a debt of Lessee In contravention of any appitcabie constitutidrt TM®Itis year and such other financial information relating to the ability of Lessee to continue statutory limitations or requirements concerning the creation of indebtedness by this Agreement as may be reasonably requested by Lessor. Lessee, nor shall anything contained herein constitute a pledge of the general tax E. The Equipment Is, and shall remain during the period this Agreement is in force, revenues,funds or monies of Lessee, personal property and when subject to use by Lessee under this Agreement,will not be Section 5.02 Payment of Rent Payments. Lessee shall pay Rent Payments,exclusively or become fixtures. :from legally available funds to Lessor in the amounts and on the dates set forth in the Payment Schedule attached to this Agreement.A portion of each Rent Payment is paid as, and represents payment of, interest and principal, respectively. Bai9ne of paid ARTICLE II: DEFINITIONS. The following terms will have the meanings indicated when due shall be subject to past due Interest at the rate of 18% um per ann below unless the context clearly requires otherwise: highest rate permitted by law,whichever is less_Notwithstanding any other provision of'_ "Lease Tenn" means the Original Term defined in Article III hereof and a sufficient this agreement and under any and all circumstances, Lessee is obligated to pay number of automatic Renewal Terms as will constit7this the number of monttS set forth interest to Lessor on the purchase price (remaining balance) at the per annum rate on the face of this Agreement. ? specified in this agreement for each day this agreement remains in effect All such "Lessor" means the entity designated on the face Agreement as Lessor here- unpaid interest shall be due immediately upon termination of this tease. under, Section 5.03 Rent Payments to be Unconditional. Subject to Section 5.05, the obliga- "Purchase Price"means the amount which Lessee may,at its option, pay to Lessor in tion of Lessee to make payment of Rent Payments and other payments required under this Agreement shalt be absolute and unconditional in all events. Lessee shah make all order to purchase the Equipment,asset forth in thG Oayment Schedule attached to this suchmems when due and mall not wit ehofd any y�Cuch payments as'8"resuli of any Agreement,subject to thederms of,ArttCle IK. t '�� } --"disputes arising among Lessees and Lessot;any Vendor or,any other person, nor shah "Renewal Term(s)" means the automatic renewal periods of this Agreement, each Lessee assert any right of setoff or counterclaim against its obligation to make such having a duration of one(1)year co-terminous with Lessee's fiscal year except the lash payments or be entitled to anylbibatement of such payments as a result of accident or of such automatic renewal periods which shall end on the anniversary of the unforeseen circumstances. A Commencement Date.The terms and conditions during any Renewal Term'shall be the Section 5.04 Continuation of Le Term by Lessee. Lessee intends to continue the same as the terms and conditions during the,Originai Term, ex t that,the Rent Lease Term through the Original erm and all of the Renewai Terms and to pay the Paw menu.shall t�q as provided in the attached Payment Sc}ue<tule, � - ."-.. Rent,P.aymeotta.!vereundar.Lessee onably believes that legally available funds of an "Vendnr means the manufacturer of the Equipment as well as agents or dealers of amount sufficient to make all Re t Payments during the Original Term and each the manufacturer. Renewal Term can be obtained. Le e further intends to do all things lawfully within (continue on back) THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ABOVE AND ON REVERSE SID WHICH ARE MADE A PART HEREOF. ACCEPTED AT: Date: `> . ,I"9 9 3 LESSEE ACKNOWLEDGES READING AND RECEIVING A COPY OF THIS AGREEMENT Emergency One, Inc . City of Redlands , CA (Lessor) This u III I Iff�r h has been duty authon'z� ` ar nt n a" atwve-named Lessee: - By By Title: �itle: LESSEE LESSOR: FOR COMPLETION BY LESSOR Emergency One , Inc - 1613 --rTr-5 I.I.—22nd St. , Room 1 10 0 Always Refer to Lease No. M- 0 a Brook, IL 60521 LESSEE: Name: City of Redlands Address: P. O. Box 3005 City Redlands State__j;-A Zip Code 92373 Contact and Title: Car yLuebbers , City Manaqer Telephone No. 909/798-75.2,5 ITEM QUANTITY EQUIPMENT DESCRIPTION (include Make, Model, Serial No.and all Attachments) One (1) Emergency One Refurb Hush Pumper Fire Apparatus mounted on an Emergency One Hush Chassis TOTAL EQUIPMENT COST — RENT DUE (Period) NOJAIMOUNT OF RENTAL PAYMENTS LEASE TERM— —Monthly Payments See payment schedule attached hereto and made a part hereof Three (3) Years $90 , 675 . 94 In Arrears ("Payment Schedule"). ACCEPTANCE CF-_RTIFICATE as Lessee under the Municipal Lease and OptiopmgerCtsabove{descrriib ment efThe undemigned, of all ofhEqud as of the date Set above, acknowledges receipt in good condition forth below (the -Commencement Date") and certifies that Lessor has fully and satisfactorily performed all Of its covenants and obligations required under the Agreement. rty set forth above constitutesasstated about: an accurate by certifies that the description of the personal prope Lessee here ipment" and further certifies that the location of the Equipment s ie description of the "Equ unless otherwise indicated below. Lessee unconditionally accepts the Equipment for all purposes of the Areement as of the Commencement e Date and agrees that it will commence payments in accordance with Artigcle V of the Agreement 9 9-3-� City of Redlands . CA (Lessee) Equipment Location: By- Mayo of tl>� Ci = land ATTEST: By- City tick OF THE LESSEE' PLEASE RETAIN THIS PAGE, IF NECESSARY, F I R EXECUTI ' N UPON ACCEPTANCE EQUIPMENT ANID THEN RETURN SAME TO LESSOR, I yaw, CITY OF REOLMMUS , pqVmkt=; jo arrvAry Warew computed A 5, 611 per OMIIAM. purall"ne in 01' rem!'I r i-I j la,I I a n c $90 AM All ToLaj sales price19 9'J I rad", Al sl lowed MOO OAR) '30 6 75 91 OOMH Impment I3 . I'(5 t 113 4 2 9. 0 Payment 2, NS. 82 24 41MIG 2, 326 z NS.82 MAI 2, 331 .28 R3 ,bnb T) Paymol K 396M 2, 341 .96 81 ' ids A0 !�`"j y III f,n 1: ' I ,8,, PaVwpnv 715- A 326, 12 18 ,006 Payment 1 2, 14S.v 363.28 12 4 8, 2, MS Payment 9 2, 340, 64 2, 329. 23 2, 41609 67 ,016 .8'' Payment 10 2, 745 .82 64 §80 = Payment 11. 2, 145 S? 317 2, Payment 1?. 2 , 7A .8"! 106, 26 Payment 13 1, mon", 294 .69 2, 451. 13 2, 745.82 283. 07 2, 462 . 7s `57 ,23S .318 Payment 14 54 160 payment 15 2, 7 4 5-82 271 . 39 2, 474. 43 Payment 1 2, 715 .02 259.66 2, IR6. 16 52 271 MI payment 1 2 , 745,82 247 .87 ;, 491.9s 49 ; 76 8 1 Payment U3 2, ag 745 .0' 236M c, sog payment 19 2, 145-8z 224. 13 1, S21.69 44 , 14 5 . 3'.---, payment 20 Z, 14S.1-2 212. 17 2 1-2 211 .7t payment 21 2 , ;4S. Q 200. 15 payment 22 2, 745.82 114 . 08 2, '_ d4 37 , 108 .30 paymont 23 }, r S.U 115. 96 payment 24 2, as .0'2 163, 17 2, S82.05 S6 n:j payment 25 2 , 10M 151. 53 2 , 594.29 Z9 , 362 .10 paymen t 26 2, 74 S.02 139- 23 2, 606.0 26 70 .51 payment 2 7 Z, 10,02 126. 37 2, 6169S 24 , 136 S f'I payment 28 2, 74SA2 114 45 2, F33 t . 37 21 ,5 05 V) 101 . 91 2, 643.85 13 861 A Payment 2.9: 2, 70- 82 89 , 43 2, 06 39 4 �j Payment 30 A)A inuad Clic Mixt Palle ) � . ' Purchanx y.�ympo� amnuh[ app} ieJ �n �ricr --------------_--- (ram a /n /nO P --- i \ ha \anc«) amounL IU�,r*st Pr /nn Va _- '--------- '----------- | '------- | d rom Vrrviouc Va0, ) (con� mou r 13 ,S5 97 78' 84 2` 668-y8 lO �54 J] Pumcn �4' 18 2, 681 , 64 ' - � ]Z 2 745 �2 ' Pa�mrn ' - �l 4/ 2 paym�n� |J 2.' 7!5~82 l' /07 l3 p p t ]4 2 7�S 82 ' ' - 6 2 732 �9 �ym:n - 25 8� 2 71g 0 .� -3� 0 U0 � P^yman� ---- -----_--__ _-___--_--�- Totab ' � as� duo at " 8a \anc,s UM PaA when du, sha \ \ be subjecL o��mj��»d hy \aw ihe r��e of �hr hiUhrst ra�e wh\chov:r is \*cs. s Jai \y at the rate indi�a�ed abuvc . on �he Interest ^ccru e ' \ j sie d n "purchase pr- ice" cn \«mn} noL:��n�in9 principal ha |an�o { / CITY OF REO|RMOS. C8 [mor�enny one lno~ ^ lessee" " Lessor'' 8y� _ ____-_--------------- Ti1-: \e� ATTEST: ' Title: Cit cly k MRA ;''' Q Consolidated Information Return for Small Tax-Exempt Form 8038-GC Governmental Bond Issues, Leases and Installment Sales OMB No.1545-0720 (Rev.October 1989} Under Section 149(e) r For calendar year ending 199-3-_ Expires 05/31/92 Department of the Treasury (Use Form 8038-G if the issue price of the issue is$100,000 or more.) Internal Revenue Service - Check box if Amended Return 0- Reporting Authority umber 2 Issuer's employer identification n 1 Issuer's name City of Redlands , CA 3 Number and street r 1270 W . Park Avenue 4 City or town,state,and ZIP code Redlands , California 92373 1 QM Description of Obligations 5 $90 , 675 .94 5 Total issue price of all small tax-exempt governmental obligations issued during the calendar year . 6 Check the box that most nearly approximates the weighted average maturity of the obligations: I a © Less than 5 years b ❑ From 5 to 10 years c ❑ More than 10 years 7 Check the box that most nearly approximates the weighted average interest rate on the obligations: a ❑ Less than 5% b From 5%to 10% �r c ❑ More than 10% 8 Total issue price of the obligations reported on line 5 that are: $90 , 675 9 4 8a a Obligations issued in the form of a lease or installment sale . . . • • 8b b Obligations designated by the issuer under section 265(b)(3)(8)(i)(III) 8c c Obligations issued to refund prior issues . . . . . • d Loans made from the proceeds of another tax-exempt obligation . . . 8d Under penalties of perjury,I declare that I have examined this return and accompanying scheduknowledge and belief, les and statements,and to the best of my Please they are true correct,and complete. Sign — *f' / 5rc M Cr N ere Date Type or print name and tits Signature of officer If you have comments concerning the Who Must File General Instructions accuracy of this time estimate or Each issuer must file Form 8038-GC for all (Section references are to the Internal suggestions for making this form more tax-exempt governmental bonds,leases and Revenue Code unless otherwise noted:) simple,we would be happy to hear from nstallment sales issued during the calender you.You can write to either the Internal year,with an issue price of less than Paperwork Reduction Act Notice Revenue Service,Washington, DC 20224, $100,000. Form 8038-G is filed to report We ask for this information to carry out the Attention:IRS Reports Clearance Officer, each issue of governmental obligations with Internal Revenue laws of the United States.. T:FP;or the Office of Management and issue prices of$100,000 or more. We need it to ensure that you are complying Budget, Paperwork Reduction Project When To File with these laws.You are required to give us (1545-0720),Washington,DC 20503. this information. Item You Should Note File Form 8038-GC on or before February The time needed to complete and file this A governmental unit is required to file this 15tH after the claw u the calendar year in form varies depending on individual form for all small tax-exempt governmental which the issue is issued.Form 8038-GCisas circumstances.The estimated average time obligations on which it pays interest.These must be completed based on the facts as of is: obligations include bands,leases and the close of the calendar year. Late ed after Recordkeeping . 3 hrs.,21 min. installment sales. the duffel date may be gra ted a eixtension Learning about the Purpose of Form of tame to file under section 3 of Rev. Proc. law or the form 1 hr., 34 min. Form$038-GC is to be used by issuers of 88 10, 1988-1 C.B.635, if it is determine Preparing the farm . 2 his.,37 min. tax-exempt governmental obligations to that the failure to file in a timely manner is provide IRS with the information required by not due to willful neglect.A late Form Copying, assembling, and 16 min, section 149(e)and to monitor the sending the form to IRS requirements of sections 141 through 150. Form 8038—GC (Rev. 10-89