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HomeMy WebLinkAboutHewlett Packard Financial Services -2010 03 04 • hp financial services i n v e n t October 16, 2009 Dear Customer. Thank you for choosing HP Financial Services as your leasing source. We are glad we could be of assistance in helping you get the technology solutions you need for your business. To expedite the shipment of your equipment, it is very important for you to review the enclosed lease documents and to follow these step -by -step instructions for completing your lease transaction. Prose remember that your equipment can't be shipped until you conyrkte and return these documents. I. Please carefully review the enclosed lease documents for the equipment you ordered from Hewlett Packard Public Sector Sales. IF ANY CHANGES NEED TO BE MADE TO THESE DOCUMENTS, PLEASE CALL 888 -277 -5944 and ask for the documentation specialist assigned to your geographic location. 2. Please have an individual authorized to sign legal documents sign, dale and initial the documents where indicated. 3. PLEASE FAX THE EXECUTED LEASE, INCLUDING THE SCHEDULES AND EXHIBITS ATACHED THERETO TO 1- 888 -277- 5945. We will start to process the transaction Immediately upon receipt of these documents. 4. Per the terns of the lease agreement, you agree that you shall be deemed to have irrevocably accepted the equipment under any lease 10 business days after shipment of the equipment to you unless we receive your written rejection prior to the end of the 10-day period. However, you agree to execute and deliver to us a delivery and acceptance certificate upon our request. If a delivery and acceptance certificate is sent to you, when you receive the equipment, please sign such delivery and acceptance certificate and the Schedule A to the lease agreement and retum both to us by fax at 1 -888- 277 - 5945. "Acceptance Date" means the first business day following the expiration of such I0 -day period or such other date set forth in any delivery and acceptance certificate requested by us. The term of the lease shall begin on the Acceptance Date. 5. Your lease agreement requires that you either enroll in HP Financial Services' Collateral Insurance Program (where HP Financial Services will purchase insurance on the equipment at your expense subject to the terms and conditions of sock Collateral Insurance Program more fully set forth In Exhibit Ito the lease agreement), or provide proof of all risk replacement cost insmance coverage for the leased equipment, including all rents and other amounts due and owing with respect to such equipment as of the date of payment. You don't need to do anything to enroll in the Collateral Insurance Program; we'll enroll you automatically if we don't receive an insurance certificate within 21 days of the Acceptance Date. The Collateral Insurance Fee is 0.14% per 5100.00 of the hardware cost leased by you per month and will be added to your payment each month. This fee may change from time to time in accordance with the terms and conditions of the Collateral Insurance Program. 6. if you decide to obtain your own property insurance coverage, please request your Insurance Agent to provide us with a Certificate of Insurance naming "Hewlett- Packard Financial Services Company and its assignees" as "Loss Payee(s)" under your business 'All Risk" Property Insurance. The Insurance certificate should also Include: a) your company name; b) your company address and equipment location; c) the insurance policy period; d) property and liability coverage amounts; and e) your lease agreement number. If you do not want to enroll in the Collateral Insurance Program, you must provide us with an insurance certificate naming us and our assignees as loss payee(s). After faxing the lease agreement to us, please contact your insurance agent to request coverage listing Hewlett- Packard Financial Services Company and its assignees as "loss payee(s)" on your "All Risk" Property Insurance as soon as possible. YOUR AGENT SHOULD PRINT OR TYPE YOUR LEASE AGREEMENT NUMBER (FROM THE UPPER RIGHT HAND CORNER OF YOUR LEASE) ON THE INSURANCE CERTIFICATE AND FAX THE CERTIFICATE TO US AT (908) 898 -4177 OR MAIL IT TO HEWLETT- PACKARD FINANCIAL SERVICES COMPANY AT 420 MOUNTAIN AVENUE, P.O. BOX 6 MURRAY HILL, NJ. 07974-0006. IF WE DON'T RECEIVE YOUR INSURANCE CERTIFICATE WITHIN 21 DAYS FOLLOWING THE ACCEPTANCE DATE, YOU WILL AUTOMATICALLY BE ENROLLED IN THE COLLATERAL INSURANCE PROGRAM. The insurance under the Collateral Insurance Program may, but need not, protect your interests. Such coverage may not pay any claim that you make or will not pay any claim that is made against you in connection with the covered equipment We are the insured under the Collateral Insurance Program. You are not an insured, additional insured or loss payee ender this Insurance. The insurance we purchase under the Collateral Insurance Program will not give you any liability insurance coverage and will only pay for claims for covered loss or damage to the equipment until the earlier of the end of the lease or the effective date of the cancellation or expiration of the insurance. We may purchase this insurance from an insurance company that is affiliated with us and we and our affiliate may earn income and a profit from the placement of lice insurance. 7. Whether or not you are enrolled in the Collateral Insurance Program or maintain sufficient "All Risk" Property Insurance, you must always maintain adequate commercial liability insurance coverage on your leased equipment. You must have "Hewlett-Packard Financial Services Company and its assignees" named as an "additional insnred(sr under such liability coverage and upon our request, furnish us with an insurance certificate showing that you have such coverage. The insurance certificate should also include: a) your company name; b) your company address and equipment location; c) the insurance policy period; d) liability coverage amounts; and e) your lease number. Again, thank you for choosing HP Financial Services as your leasing source. If you have any questions or concerto, please don't hesitate to call us at 888 - 277 -5944. Sincerely, Laurie Mcleod Contract Administration Services 888- 277 -5944 Rn 06/ wm • �• hp financial services invent 420 MOUNTAIN AVENUE, P.O. BOX 8 MURRAY HILL, N.J. 078740008 Business Lease Agreement Leine (Complete L.pel Nape): City M NNW Syringe Lew AprsOfnant Number 572D0446 Ths lease (inducing Om attednd Schedules A and B and WON 1. fib 'Leese" refers throughout b shd suvfv* the lamination of this Lease. Al nodoas, denrnds and other ccmmeicatiau required to Lessee u d or ' o a� Lessor es We', • se or •our. In mnakr the ebn of our purchase of be given under this Lease MM N oiling be ng and ON be deamsd b have been given 0 devar.d (IM •Equpmnt), you hereby base the Equynlenl from us for peoaely or malted lea celled maO or a nationally recogoked overnight cooler service. TINE IS OF your business purposes only (and not for personal, an* or household purposes), subject to 11 Emu THE ESSENCE. THE LEASE SHALL BE DEEMED FULLY EXECUTED AND PERFORMED N THE and conditions of be Lease. You ackrovbdge 0Ml you selected The vendor as Identified In Schedule A STATE OF NEW JERSEY AND SHALL BE GOVERNED BY AND CONSTRUED N ACCORDANCE (Si. Vendor') and all such Equipment 01Iiaut our assistance. You apse tMl fhb Luse b • net WITH THE LAW. THEREOF. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE Wee ea you will pay, by Lease payment increase or upon our demand, d coda, fun, axes PARTIES HERETO EXPRESAY WANE ALL RIGHTS TO A TRIAL BY JURY N ANY (e.g. property, 5.lp and use bum) or other charges connected with IN Lore and the JURISDICTION. YOU WANE ANY STATUTORY PROVISIONS WHICH CONDUCT WITH THE Equipment as well as al cute for ineurance, spoke. malntenanea, shipping, and Ming aea. TERMS OF THIS LEASE, INCLUDING BUT NOT UNITED TO UCC ARTICLE 2A SECTION 303 AND You authors. us to adjust your Lou payment by up to twenty percent (20%) New actual toed coal of SECTIONS 501 THROUGH 122. Yeu acknowledge that neither any Vendor nor any Equipment the Equipment st acceptance vanes from the original *Minute. Lease payments shell commence ence on salesperson ban aged of ours nor are they authorized to waive or etbr the terms of ti. laude. the Accedence Date, as defined below, and am due in advance on be earns dab each mad. You Their repnsubdan* M no way affect any of our rights and obligations se herein set forth You agree to pay a onetime documentation fee In the amount 'podded in Schedule A with the drat Lease agile that an executed copy of this Lame bearing err original manual signature and your spnawrs paym.nt To cover ac owneeup costs. 0 you do not elect to ether pothole to Equipment renew be (ether an odQM, mutual siemens or such signature reproduced by means of • reiable electronic Leas. or Mum the Equipment by the end of the Lease arm in accedence with the lentos of Schedule form, such M a photocopy, facsimile or If you have executed this Lease electmnicay as admired A hereto, or you at to comply will your obligations 'whine from the *louden, you who continue b pay below, a printout of Ms Laue from our systems bearing your electron* signature), shel be merbed the original Luau pyrnnts for any MI or pars! month that you keep be Equipment I you haw 'Odginsr by us wed shell constitute be only original document ter al effective purposes; .l ado selected Ob 'Ow • FIN or a 10% End a Term Purchase Option (as Indicated on Schedule he Schee A), n we copies 'Mt be duplicates. To To w extent this Luse 0011611111111111 dues/ piper (a defined in the UCC). you 15bnd bb Leme to bs • 'Finance Lease as defiled in Article 2A of b. Uniform Ca•nrdal no a.aWy Interest in this Lease nay be emoted except by possession or bansfer ditto executed copy Code (ea enacted end 15 effect In any applicable jurisdiction, 1M •UCC) and you *ethane' IN b Re a ranked "Origiwt' by as. UCC Wining slalomed to give public notice of our ownership of be Equipment If you have WPM By signing end nelellng a copy of alb Lease when required below (either an paper or a $1.00 End of Term Purdue* Open or I This Lease is otMaAse deemed le be elms intended ter .ac renlpey) end providing the dep.R account Information ured by Schedule B, you are sourly, then b seam prune and perfomu d tl wr your oblig.n this hereby under s Lease, you eby week. to me all of Ow la and madden. of this Luau, Including the terms and conditions grant us • purchase money security interest In the Equipment and it M stlactmwnb, accessories, cnblned In Schedules A and B and Exhibi 1, each of whleh is hereby incorporated by additions, products, replecemnb, and proceeds ('ndudbg insurance proceeds) to rind of be reference Inks dire Wellies* Lela' Agreement The Lease shell beau effective upon our and as wall as re security Merest nay other equipment we have teased to or fenced ter you, accedence hereof but we will have no oblIga0 b on purchase the Equipment until you hive E you authorize us to Ole • UCC financing statement b perfect such sourly merest. You hereby accepted 0 se sat forth below. To exude this Lease electronically, dote following: (1) type your appoint us as your aea ey -m-act to sign any UCC Snaneuq stalnrwnts n your name and to modify neon (0 you are an n or be name of be authorised person sionuq on your behalf on the Schedule A to reflect any Lease payment adjustment provided for above and to cambia or 'noddy any alputum tow below, (2) type the signers name and We where indicated immediately below be Equipment description in Schedule A or any abed demount to .ccurley deaabe be Equipment slpuWre line; (3) type the signers Millais and Iodays dab where indicated bsbw, (4) type be signer's scbay wAr accepted by you. bleak red click T Accept' *lb your mouse em indicated at the bottom of each of Schedules A and EXCEPT AS TO QUIET ENJOYMENT, NE MAKE ABSOLUTELY NO REPRESENTATIONS OR B end EOM 1 (n the case of Schedule B, after typing in to requu.d deposit aorxsed nfommtlon); WARRANTIES, EXPRESSED OR IMPLIED, NCLUONO NO WARRANTY OF MERCHANTABILITY end (5) dick 'Submif *Ul your mouse were MAW after RPM 1 (raiecMy, your 'ELECTRONIC OR OF FITNESS FOR A PARTICULAR PURPOSE. You can only make any chin relating to the SIGNATURE ". BY SO EXECUTING TMS LEASE ELECTRONICALLY, YOU AGREE TO CONDUCT Equipment against the Vendor or mnuactumr, and you waive any Much dawn against us. We hereby THIS TRANSACTION N ELECTRONIC FORM, AND UNDERSTAND AND AGREE THAT YOU ARE assign any Equipment wmanties during to Lease lam for your exorcise et your expense. WE N ALL SIGNING AND AUTHENTICATING THIS LEASE AND AGREEING TO BE LEGALLY BOUND BY RS NOT BE LIABLE FOR INCIDENTAL, SPECIAL, PD.I ECT, OR CONSEQUENTIAL DAMAGES. YOU TERMS. YOU ALSO UNDERSTAND THAT A RECORD OF THIS LEASE AND YOUR ELECTRONIC AGREE TO MAKE PAYMENTS TO US WHEN DUE, UOICONDMONALLY, WITHOUT ABATEMENT SIGNATURE WILL BE STORED N ELECTRONIC FORM BY US. YOU INTEND BOTH YOUR OR OFFSET FOR ANY CAUSE AND REGARDLESS OF ANY PROBLEMS WITH THE EQUIPMENT, ELECTRONIC SIGNATURE AND THE ELECTRONIC RECORD OF IT TO BE YOUR LEGAL VENDOR OR US AND YOU WANE ANY CLAIM OR DEFENSE TO ANY LEASE PAYMENT. SIGNATURE TO THIS LEASE. You agree to indemnity us against bird party chrism or Aber loss or domes, Inducing attorneys' ace, 47VA RC HERE AND ALLOW arising directly or indirectly out of Equipment defects, use, or menden, and *Stadler arising out of breach of contract, Tort, or sbfel or product teb2ty. You agree not to mow the Equipment or ID kinder, SY: X sell, subbase, or encumber .der be Equipment or any rights under this Lease *Stout our prier written consent We may freely assign our rights and interests under Ng Lease without notice t you or your Pen Nam 75le of . K evin L S IridL th ,City Manager consent. You agree lest our assignee PI have the same rights end remedies as we do and that our •eiggns's rights will not be subject to any done or defenses you may have against us. You and any guamnlor M reay owed. a to sham. nformedn .bout you and an guarantor Inducing pereony THIS LBAsa o Noroca cerim E AND W OUR FIAT. AND HEAL AGREEMENT, MERGING ALL PRIOR identifiable information) with our essignees, Wendel assignees, be Vendor and other bird pales IRDtRETA11o1MOt AND T 01 MODIFIED Oft TERMINATED EXCEPT SYA 00111 N/ providing services tom. AGREEMENT SIGNED BY YOU AND BY A CORPORATE OFRCER OF OUR COMPANY. YOU WARRANT We own the EWpr..nt red, unbu you haw selected • 57.00 End of Tema Purchase Option, we retain CONTRACT HIE THAT YOU HAVE RECEIVED, REVIEWED AND APPROVED YOUR VENDORS METTER SUPPLY all be01 m n n of owrehp and you apse not ks lake ay poalfon Iunsbnt t .0, our ownership. Ns CONTRACT � 11E PURCHASE THE EQUIPMENT OF SALE AND SOL ELY ( 011 YOUR STAMMERS AUTHORIZS US TO nay Wiped the Equipment end MUM Equipment ownership weds. You as may respond* spon for the HEREIN. BY YOUR MAILS BELOW YYO OE V HAVE III EVOGSLY ACCEPTED installation, opasti.n, and nwi Green. of to Equpne•l who ke.p 5 15 good co ttion, vM use I in THE EQUIPMENT 10 BUSINESS DAYS AFTER swoon OF THE EQUIPMENT TO You IINLEis WE conp5ann with eppicable law, and *Al net attach I to building fid urea. As MOP deaerlbed In TM RECEIVE YOUR MOTTO' REJECTION PRIOR TO D1E END OF TIE 10-DAY PDtMO. HOWEVER, YOU leached Exhibit 1 (luuratc. R.grdsaera.Col.ar0f Insurance Prop ae•Terme i Conditions): AGREE TO EXECUTE AM coma TO USA OELNERY AND ACCEPTANCE CERTIFICATE IRON OUR (1) you bear MI risk of loss or Norge e or from M Egulpnwnt arbbg prior to (b ream to us, REQUEST. 'ACCEPTANCE DA • MEANS TAE FOM BUSINESS DAY FOLLOWING THE EXPIRATION (g) you ale provide te a a osmoses' mewing that you Mw an risk rspacemnt cost teems. OF SUCH 1043AY OTTER DATE SET FORTH IN ANY DELIVERY AND ACCEPTANCE la the Equipment, naming us and our 5ssigruea es lose p yeas) ED upon the occurrence 00 CERTIFICAATE R 0(105 711E TEAM OF TIES LEASE SHALL AS • , ON • ACCEPTANCE any loss or denmga to the Equipment, I you fell to timely meek or space the Equipment (with RATE Q equipment satisfactory l ue), you apse b kmnedaasy se Ida a repeemed .eat of the ' tJff : X - DATE 2 l Equipment plus a1 lease payments and ether .mounts due end owing PM reaper to such ACCEPTED BY: ILANRETT ACKARD FINANCIAL SERVICES COMPANY Equipment, (Iv) I you ail to provide us whoa .ertlleab showing you hive ads Insured the Equipment, or H you elect b insure the Equipment under our polity as h described in D': DATE: the Mocked Exhibit 1, we (or oar usignee H 1ppNCatsia) will panellise hiw.alNE et your expew be protect the Equipment against km or damage She •Celt brat Insurance Program•), and (v) WHETHER OR NOT YOU PARTICIPATE N THE COLLATERAL INSURANCE PROGRAM, it • • • • of Mb leave c.P 1 b ss Louie, and 10 he 1psy bound. (•Gu d, the • :. • smnlor•I YOU AGREE TO MAINTAIN ADEQUATE LMBIUTY INSURANCE COVERAGE FOR THE pseau NOV and 0uame•ea paynten0 and perbmsns oL • e pantry defter EQUIPMENT, NAMING US AND OUR ASSIGNEES AS ADDITIONAL NSUIRED(5) AND, UPON OUR 'pew b de • and wanly ININ IN &Abase heconnrp edited b Ow berets • obipallere under On REQUEST. TO FURNISH TO USA CERTIFICATE SNOWING MAT YOU HAVE SUCH COVERAGE Lame are eau . MAY PROCEED AGAINST TIE GUARANTOR N - INSTANCE WTHOUT Exhibit t to this Lease prevl0*a a full discussion d tlse lea. Insurance requirements and the ASSORTING 10 • - ' • • '. AND TH GUARANTOR - STATUTORY OR OTHER term and conditions of the Caeabr& Insurance Program yew TO REOURE • - O earanta walvw sulb.patlan .. wake' dteare.. annd „wry If you do not pay or perform any obligation under this Lease within 10 days a when sue' payment If te Imple M o f taw =km hw . poop pees weld N Miss ee. w a , Miss Melee w Me wry d the performance is due, or you or any pwrentor become t , become *solved or unable pay debts an Sus: fewsoi ng, 0OUr.brk ees00 to ••, . cty -.. - do a by Mining 0wvu6', cs.am and social stop Song business as a going conc.m; maig., conaolGete, NNW .1 a al.an0dy N of your security meter on the *nature the below. . • . . 'OW to h GuGumption mwu* Mere Incased assets; nuke an assgmmnt for the benefit a cre6krs, Gs bantam*, appall trustee a strustee or receiver*, beam paec vey, 'GUARANTOR ELECTRONIC • Su TIRE•). amrentor sled pig .1 cosh of en4oroment undergo a =Phi adverse change in your asocial or opamso condition, cow can do wry or al of to and ..asdlenn 150.0111 allsneye' few. TIM - r, • SHALL BE GOVERNED SY THE LAWS OF NEW following: (1) aoaabmte without notice all payments provided err * this Less., (2) krnrrdatay JERSEY. GUARANTOR CONSENTS TOT RS • • 'DICTION AND VENUE OF FEDERAL AND repossess the Equipment, (3) collect .0 ease of collection, Inr:Wng any bed check charges and STATE COURTS W 10W JERSEY. - - PERU • • -, "SLY WANE ALL RIGHTS TO A TON- reasonable attorneys' ten, (4) collect lost tax berm* and N unpaid anwunb due hereunder, (5) ale "EOM" Y • I" 10 DEOR • ' GUARANTY Fie Y, GUARANTOR AGREES attorneys' or Met the Equipment, and (6) exercise al other remedies at tow or guy. If cos do not recent any T►ES TItAIISIlACTI0N ELECTRONC FORM, IDERSTANOi AND AOREES TINT •" when d••• Y vwl Pey ■ one -trite kb derg• on ay owdu. MTh.'" "'al b tine gea.W c B O UN D O 011 um B SI • woo *La TNO T Ms GUA • AOREER OF TO SE A RALTY 5.10 per doter for each lea payment or 815 go compensate for Ou cost and expense of coining end BOUND m G NT I ALSO mammas SAL S T CORD OF 711. GUARANTY poc.seing The late payment), pis a charge of 1 -11271 of the ate putout for way month after The ale AND 111[ GUARANTOR • • OHG C GUARANTOR WILL O STORED SIGN - RO FOAM SY US. payment I ale (for Omegas inducing g our inability to newel b. late arose but GUARANTOR ERE TFE G RGA OR SIG EN R OLI A A • •TAE ELECTRONc mono in se, never M •t). RECRRN OF IT TO • LEGAL SIGNATURE TOTHE GUARANTY. n ay use. nar b exceed mom than be nwxirom sharpe slowed by tow. M Paton, 0 you ere GUARANTOR • • TIRE HERE •. delinquent in payment, you agree b pay be actual ou•lgock.t expenses Incurred by w in our coiledn .Rats (*e but not kneed to, any bad deck charges). Your payments may be appI.. SY:5 Sae. Sec 0 as we elect, frit to the oldest mount due. Our seen or alest bad on ay one remedy sal not - constitute an election of such as our sole reedy. Any provision of this UM. a aaverable 0 unenforceable, Any actin or Hun by you against a shall be commenced 0015 one year 'fie the cave of seden arises orbs forever band. 1 You epee b sign such other document and eke such other actions as us Tray require a sccarpsh • Aiwuer ra erns: Omar. 01N..r.yrw P,nre. s..ie. Gamey Is n A Mara awl NI,. Y00 She Pent and purpose of bb Leese. M of your representations, wenrarl.s end oblgrons hereunder P. 06/132007 103 hp financial services i n r• n t Schedule A to Business Lease Agreement Lease Agreement Number: 572D0446 Lessee (full legal name): City of Winter Springs Billing Address:: 1126 E State Road 434 Tax ID Number: City: Winter Springs County: Seminole State:: FL Zip: 32708 Telephone Number (including area code): 4073275975 Fax Number (including area code): Equipment Description: See Attached Annex 1 Te The Schedule Equipment Location: (if different from Billing Address) Street Address: 1126 E State Road 434 City WINTER SPRINGS County: SEMINOLE State: FL Zip: 32708 Area Code/Phone No Area Code/Fax No.: Vendor Ioformation(name): Hewlett Packard Public Sector Sales Street Address: 301 Roeltrimmon Blvd City Colorado Springs County: State: CO Zip: 80919 Area Code/Phone No: (800) 888 -3224 Area Code/Fax No: Monthly Lease Payment: Term: }¢ months End-of-Term Option: FMV ,1:168.17 Advance Lease Payment: ,F0.0Q Documentation Fee: 575.00 (The payment of any Advanced Lease Payment reflected herein shall be a condition to Lessor's Total First Payment: agreement to this Lease and may include one or more of the following: (a) applicable taxes, (b)'Monthly 575.00 Lease Payment(s) in Advance (defined herein below), and/or (c) any other 'Up-front Payment' (defined (The Total First Payment shall include any herein below). "Monthly Lease Payment(s) in Advance shall mean such lease payments required upon Advance Lease Payment and Documentation the execution of this Lease and shall held as a non - refundable and non - interest bearing deposit which Fee.) will be co-mingled with other funds, credited first against the first lease payment due with any excess to be credited against the last Lease payment(s) due. lip-front Payment shall mean such amount determined by Lessor required upon the execution of this Lease and shall be credited against the original cost of the Equipment leased under this Lease. LESSEE'S END OF TERM OPTIONS: If you have on a timely basis fully complied with all the terns and conditions of this Lease, you may choose to exercise one of the following options upon the natural expiration of the term or any extension or renewal term, provided however, you must give us written notice not less than ninety (90) days before expiration of the relevant term: I. PURCHASE OPTIONS: You may purchase the Equipment for the Purchase Price (as defined below) on an "all or none" and "as -is, where-is" basis, without any representations or warranties, including no warranties of merchantability or fitness for a particular purpose. "Purchase Price" means (a) if you have selected a FMV End of Term Purchase Option (as indicated above), the then "Fair Market Value" (as defined below) of the Equipment (plus all applicable taxes), or (b) if you have selected a 10% End of Term Purchase Option (as indicated above), an amount equal to ten percent (10%) of the original Equipment cost (plus all applicable taxes), or (c) if you have selected a S1.00 End of Tenn Purchase Option (as indicated above), an amount equal to one dollar (51.00) (plus all applicable taxes). "Fair Market Value" means the price that a willing buyer (who is neither a lessee in possession nor a used equipment dealer) would pay for the Equipment in an arm's - length transaction to a willing seller under no compulsion to sell; moyidg, however, that in such determination: (i) the Equipment will be assumed to be in the condition in which it is required to be maintained and returned under this Lease, (ii) in the case of any installed Equipment, that Equipment shall be valued on an installed basis, and (iii) costs of removal from the current location shall not be a deduction from such valuation. If you and we are unable to agree on the Fair Market Value of the Equipment at least thirty (30) days before Lease expiration, we will appoint an independent appraiser (reasonably acceptable to you and at your expense) to determine the Fair Market Value and such appraiser's determination will be final, binding and conclusive. 2. RENEWAL OPTION: You may renew the Lease at the then Fair Market Rental Value. "Fair Market Rental Value" means the amount of periodic rent that would be payable for the Equipment in an arm's length transaction between an informed and willing lessee and an informed and willing lessor, neither under compulsion to lease. Such amount will not be reduced by the costs of removing any Equipment from its current location or moving it to a new location. In the event of such an election, Lessee shall enter into a mutually agreeable renewal agreement with Lessor on or before the last day of the then applicable tern confirming the period for which the Lease is to be renewed (the "Renewal Term "), and the amount of Rent and the times at which such Rent is to be payable during the Renewal Term. 3. EQUIPMENT RETURN OPTION: You may return the Equipment, at your expense, to a location designated by us on or before the last day of the Lease term. Upon return, the Equipment must be in the same condition as when you first received it (excepting only reasonable wear and tear) and include all original parts, attachments and • accessories. You must also return to us all copies of any operating system software (including any certificate of authenticity, end user license agreement, any CD -ROM, diskettes or other media relating to such software and any other materials delivered with such software) you received with the Equipment. Collateral Insurance Pro ram Monthly Fee: 0.14% per $100.00 of hardware cost leased (which fee may be adjusted from time to time in accordance with the to set forth In Exhlbk 1). See Exhibit 1 for the complete terms and conditions of the Collateral insurance Program. LESSEE (INITIAL):X Rev 02/2501 - hp financial services Exhibit 1 to Business Lease Agreement Lease Agreement Number: S72D0446 Insurance Requirements - Collateral Insurance Program -Terms & Conditions A. SUMMARY The terms of this Lease state that you bear all risk of loss or damage to or from the Equipment The Lease requires you to maintain adequate insurance on the Equipment for the full term of the Lease as follows: Lmbilrty insurance: You must always maintain adequate liability insurance coverage on the Equipment, have us and our assignees named as an additional insured(s) under such coverage and upon our request, furnish us with a certificate showing that you have such coverage. insurance Against Loss or Damage: You have two (2) options with regards to fulfilling the requirement that the Equipment be insured against loss or damage. You may have us insure the Equipment under our policy or you may use your own insurance provider, in which event you must provide us with proof of insurance as outlined below. If you fail to provide proof that you have obtained adequate insurance against loss or damage to the Equipment or if you elect to insure the Equipment under our policy we will purchase insurance at your expense to protect the Equipment (the "Collateral Insurance Program"). Under the Collateral Insurance Program, you will be responsible for paying all charges related to that insurance including, without limitation, the full premium we pay for such insurance plus any additional charges, such as interest and administrative fees, we may impose (we will refer to such charges collectively as the "Collateral Insurance Fee"). The Collateral Insurance Fee shall be in the amount and payable at the times set forth on Schedule A to the Lease; provided, however that we shall have the right to prospectively change the Collateral Insurance Fee at any time during the term of the Lease upon sixty (60) days advance written notice to you. Lessee will be responsible for paying the Collateral Insurance Fee until the earlier of the end of the Lease term or the effective date of the cancellation or expiration of the insurance. The Collateral Insurance Fee may be added to your total outstanding balance or obligation. The Collateral Insurance Fee for the Collateral Insurance Program may be more than the cost of insurance you may be able to obtain on your own. We are the insured under the Collataal Insurance Program. The insurance purchased for the Equipment may, but need not protect your interests and you will not be named as an insured, additional insured or loss payee on the insurance policy. The insurance that we purchase may not pay any claim that you make and will not pay any claim that is made against you in connection with the Equipment. The insurance we purchase under the Collateral Insurance Program will not give you any liability insurance coverage and will only pay for claims for covered loss or damage to the equipment until the earlier of the end of the Lease term or the effective date of the cancellation or expiration of the insurance. We may purchase this insurance from an insurance company that is affiliated with us and, we and our affiliate may earn income and a profit from the placement of the insurance. Instead of paying the Collateral Insurance Fee for the Collateral Insurance Program, you may elect to bear all risk of loss or damage to the Equipment, in which case you must procure your own insurance against all risk of loss from any cause whatsoever. Such insurance you procure must cover not less than the replacement cost for the Equipment and you must provide us with a valid certificate naming us and our assignees as loss payee(s) ( "Certificate"). If you fail to provide us with a Certificate within 21 days of the Acceptance Date or if we become aware at any time during the Lease term that the Equipment has become uninsured, you will automatically be enrolled in the Collateral Insurance Program and charged the Collateral Insurance Fee beginning on the date of our next following invoice to you. The Collateral Insurance Program shall be effective from the start date of the Lease or the date of our first invoice following the date we become aware that the Equipment became uninsured, as applicable. You may withdraw from the Collateral Insurance Program at any time by providing us with a Certificate. Any such withdrawal will be effective as of the date of our receipt of the Certificate (or, if we receive the Certificate less than 15 business days prior to the date of our next invoice, the date of our second invoice to you alter we receive the Certificate). Upon the occurrence of a Loss or Total Loss (both as defined below): (a) if you have timely paid the Collateral Insurance Fee (through and including the payment date immediately preceding the date on which the Loss occurred) and have paid and performed all of your obligations under this Lease: (i) in the case of a Loss, our insurer shall either repair the Equipment subject to the Loss or replace the Equipment subject to the Loss with substantially similar equipment (our insurer shall have the sole discretion to determine whether to repair or replace), and this Lease shall remain in full force and effect for its remaining term as if such Loss had not occurred; provided, however, that you agree to follow such reasonable procedures as we or our insurer may specify. Neither we nor our insurer shall be responsible for reconfiguring space to accommodate replacement equipment if such equipment is not of identical dimensions to the Equipment subject to the Loss; and (ii) in the case of Total Loss, our insurer will pay us the replacement cost of the Equipment You agree that you will remain obligated to us pursuant to this Lase for any and all rent and other amounts due and owing with respect to such Equipment, less any proceeds from the insurance. Once you have paid any and all rent and other amounts due and owing with respect to the Equipment to which a Total Loss has occurred ( "Destroyed Equipment) this Lease shall terminate with respect to such Destroyed Equipment (but shall remain in fun force and effect with respect to all other Equipment for its remaining term as if such loss or damage had not occurred). Your Lease payments for the retaining term of the Lease shall be reduced as soon as is practicable on a pro rata basis based on the ratio of the original equipment cost of the Destroyed Equipment to the original equipment cost of all Equipment as determined by us in our sole discretion ( the "Loss Ratio"); provided, however, that you agree to follow such reasonable procedures as we or our insurer may specify and, if we or our insurer so request, you will return the Destroyed Equipment to us or our insurer at your sole cost and expense before such payment reduction takes effect. For purposes hereof (a) "Total Loss" shall mean with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair of such Equipment and (b) "Loss" shall mean any damage to the Equipment that is not a Total Loss. Rev mom pa hp financial services (b) if you have failed to timely pay the Collateral Insurance Fee (through and including the payment date immediately preceding the date on which the Total Loss occurred or have failed to pay or perform all of your obligations under the Lease (including obtaining your own insurance on the Equipment), or if the insurance you obtained has failed to timely repair or replace the Equipment, you agree immediately upon notice to pay to us that portion of the present value of all payments provided under this Lease that we determine to be attributable to the Equipment subject to the Loss or Total Loss based on the Loss Ratio, plus our original booked value of such Equipment as of the end of the Lease. Upon our receipt of such payment, this Lease shall terminate with respect to such Equipment (but shall remain in full force and effect with respect to all other Equipment for its remaining term as if such loss or damage had not occurred), such lost or damaged Equipment shall become your property and your Lease payments for the remaining term of the Lease shall be reduced as soon as is practicable on a pro rata basis based on the Loss Ratio. AT ANY TIME, YOU MAY CANCEL YOUR PARTICIPATION IN THE COLLATERAL INSURANCE PROGRAM, BUT ONLY AFTER YOU OBTAIN ADEQUATE ALL RISK PROPERTY INSURANCE COVERAGE FOR THE REPLACEMENT COST OF THE EQUIPMENT, NAME US AND OUR ASSIGNEES AS LOSS PAYEE(S) AND FURNISH TO USA CERTIFICATE SHOWING THAT YOU HAVE SUCH COVERAGE. IN THE EVENT OF LOSS OF OR DAMAGE TO THE EQUIPMENT, PLEASE CALL 1400- 851 -5115 SO WE CAN DETERMINE HOW BEST TO ASSIST YOU. We reserve the right to discontinue, change, amend or modify the Collateral Insurance Program at any time upon notice to you; provided, however, that we may only increase the Collateral Insurance Fee upon sixty (60) days advance written notice to you. If you are participating in the Collateral Insurance Program and we discontinue it, you will be solely responsible for all risk of loss or damage to the Equipment upon receipt of such notice and will be obligated to procure insurance against loss or damage to the Equipment meeting the requirements described above. If you fail to do so, we reserve the right to reinstitute the Collateral Insurance Program. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease. B. EXCLUSIONS UNDER THE COLLATERAL INSURANCE PROGRAM The insurance purchased by us under the Collateral Insurance Program will not cover toss caused by, resulting from, or contributed to or by the following: (i) interruption of business, delays of any nature, loss of revenue or profits including business losses associated with early lease termination or lease cancellation or market, loss of data or loss of use or any other indirect, incidental or consequential damage unless expressly covered in this Exhibit 1; (ii) repairs or attempted repairs either before or after a loss, which are not authorized by us; (iii) any fraudulent, dishonest, or illegal acts committed by you or your officers, directors partners or trustees; (iv) obsolescence or non - functional cosmetic damage to the Equipment (v) any loss or damage covered under a Hewlett- Packard Service Agreement or manufacturer's warranty; (vii) any loss or damage to the Equipment caused by defective or damaged media; (viii) accidental or deliberate errors in instruction to the Equipment resulting in erasures or other danege to data (ix) declared or undeclared war, hostile action, insurrection, rebellion or revolution, or any consequences of nuclear reaction, radiation or radioactive contamination however caused; (x) the failure, malfunction or inadequacy of (a) any Equipment or (b) any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the Equipment, in either case, due to the inability to correctly recognize, process, distinguish, interpret or accept one or more dates or times; (xi) improper use, maintenance or care of the Equipment; (xii) except as required by the express terms and conditions of the U. S. Federal Terrorism Risk Insurance Act of 2002, any of the following: Act of Terrorism; or action taken by or on behalf of any government or any branch of or division thereof (including, without limitation, the uniformed armed forces, militia, police, state security and anti-terrorism agencies) in responding to, preventing, combating, defending or retaliating against any Act of Terrorism. C. LESSEE'S RESPONSIBILITY IN THE EVENT OF A LOSS In the event of any loss to the Equipment, you agree to do all of the following: (1) immediately provide oral notice of the Loss or Total Loss to the Equipment to us at I- 800 - 851 -5115; and (2) take all steps necessary after a Loss to protect the Equipment from further damage. If we have purchased insurance on the Equipment pursuant to the terms and conditions of the Collateral Insurance Program, in the event of a Loss or Total Loss, in addition to the items above, you also agree to do all of the following. As soon as practicable provide written notice to our insurer, Computer Insurance Company c/o, Insurance Products & Services, 2 Results Way, Marlboro, MA 01752 (or such other insurer or at such other address as we may have given you notice of); (1) If requested by the insurer, or us complete and file a sworn statement and proof of loss, on a form provided by the insurer, or us within sixty (60) days after the request (2) take all steps necessary after a Loss to protect the Equipment from further damage; (3) permit the insurer to inspect the damaged Equipment (4) cooperate with our insurer in the investigation and settlement of the Loss; (5) provide the insurer representative with all pertinent records needed to prove the Loss; and (6) at the request of the insurer, submit to an examination under oath, and as far as possible, cause your employees to submit to an examination under oath. LESSEE (INITIAL): X 1� J Rev MOW ipat hp financial services Quote Number 4257402 -2 Annex 1 To The Schedule Equipment Schedule Number 57200446 Forming Part of Lease 0 57200446 between Lessor and City of Winter Springs Lessee Equipment Description: HP Printers 1 HARDWARE 53,876.00 $3,875.00 Warranty 1 WARRANTY 51.369.00 51,369.00 The described Items cons to all the equipment covered by the above referenced lease. LESSEE (INMAL): X Rn 02/2001 L ase_ A'9 r ,,,,, — ION 0 Li 114 • CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 12/4/09 HP FINANCIAL SERVICES Florida League of Cities, Inc. 420 MOUNTAIN AVENUE Public Risk Services MURRAY HILL, NJ 07974 P.O. Box 530065 Orlando, Florida 32853 -0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0648 I COVERAGE PERIOD: FROM 10/1/09 I COVERAGE PERIOD: TO 10/1/10 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ® Buildings ® Miscellaneous ® Comprehensive General Liability, Bodily Injury, Property Damage and 0 Basic Form El Inland Marine Personal Injury ® Special Form IS Electronic Data Processing ® Errors and Omissions Liability IS Personal Property ® Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ® Special Form ® Medical Attendants' /Medical Directors' Malpractice Liability ® Agreed Amount IS Broad Form Property Damage ® Deductible $1,000 IS Law Enforcement Liability ❑ Coinsurance N/A IS Underground, Explosion & Collapse Hazard ® Blanket ❑ Specific Limits of Liability ® Replacement Cost • Combined Single Umit ❑ Actual Cash Value Deductible $25,000 Automobile Liability Umits of Liability on Re with Administrator ❑ Al owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ Al owned Autos (Other than Private Passenger) ❑ Hired Autos ❑ Statutory Workers' Compensation • ❑ Non -Owned Autos ❑ Employers Uability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Omits of Liability • Combined Single Umit ❑ Deductible N/A Deductible N/A ❑ Automobile/Equipment – Deductible ® Physical Damage $1,000 - Comprehensive - Auto $1,000 - Collision - Auto N/A - Miscellaneous Equipment Other The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200.000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or lability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations /LocationsNehicles/Spectal Items RE: Printer lease agreement #572D0446 valued at $3875 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL CITY OF WINTER SPRINGS SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 1126 EAST STATE ROAD 434 PROGRAM, ITS AGENTS OR REPRESENTATIVES. WINTER SPRINGS FL 32708 AUTHORIZED REPRESENTATIVE FAIR-CERT (10/96) • Fa hp financial services Leese Agreement Neither: 57200446 DELI -RY AND ACY_"e}T Nrr RTITr_ r__r>< Hewlett- Packard Financial Services Company ("we ", "us" or "our ") and City of Winter Springs ( "you" or "your") are parties to the Business Lease Agreement (the "Lease ") identified by the Business Lease Agreement Number specified above. The Business Lease Agreement and its exhibits together comprise a Lease that is being accepted and commenced pursuant to this Delivery and Acceptance Certificate. M capitalized terms used in this Delivery and Acceptance Certificate without definition shall have the meanings ascribed to them in the Lease. 1. LEASE ACCEPTANCE. You hereby acknowledge that the Equipment described in the Schedule A or if different, the Equipment described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by you and found to be in good operating order and condition, and has been unconditionally and irrevocably accepted by you under the Lease evidenced by the Business Lease Agreement as of the Acceptance Date set forth below. 2. LESSEE ACKNOWLEDGEMENTS. You hereby agree to faithfully perform all of your obligations under the Business Lease Agreement and reaffirm, as of the date hereof, your representations and warranties as set forth in the Business Lease Agreement. You hereby acknowledge your agreement to pay us Lease payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which you are required to pay pursuant to the Business Lease Agreement , in each instance at the times and in the manner set forth in the Business Lease Agreement , respectively. 3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location: 1126 East State Road 434 Winter S.rin.- F t: LESSEE: City of Winter Sprigs BY: s...+ Kevin L. S-ith, City Manager Name and This MmptmosOdis march 9,2010 R evtaoi -- — - . , ._ ilF1 rg'i i il 1 1 1 I It' t ill ' f ' , i i :Alliii\ / — P.O. Box 60467 AMF ___., Houston, TX 77205 1 II ill!, ii111 1 1111111 il lir! iiFilIiiii1 . cevft. 01,...) Customer Service (800) 888-4949 Corporate Office: (800) 821-9956 ..! ,.. ,...: /' .i. I .. : .. p PLEASE ENTER COMPLETE NAME AND ADDRESS OF SHIPPER AND CONSIGNEE Date: Origin: Dest. Shipper's Name and Address Shipper's Account Number TRANSPORT DOCUMENT Not Negotiable ,,r, ',./ '')r c,)-k 1198 1 ' :,, 1 .1 IL. ,f.t .i. - ' I ,•].. .1F'''' '''' t . .A.-).-''-':? . / . Alr BIll #: ' MOVEMENT# Copies 1, 2 and 3 of this Transport Document are originals and have the same validity. Contadt/EIN:4 '7" t 1 1.. : I .l.. ■... Phone# ".'' J. l'.. 7.i . ,. } k; •i. It is agreed that the goods described herein are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO CONDITIONS OF CONTRACT ON THE REVERSE SIDE HEREOF. ALL GOODS MAY BE CARRIED „ PO# BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN HEREON BY THE aklIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPERS Consignee's Name and Address Consignee's Account Number ATTENTION IS DRAWN THE NOTICE CONCERNING CARRIER'S LIMITATIONS OF LIABILITY. Shipper may increase such limitation of liability to declaring a higher value for carriage and paying a supplemental charge d required. FMC NO. 4490 CEVA FAA-IACC,SW9310028 : i ...(1 ...) ) >,- i I • , ' ; ' , , . , .: • ,,,,, „ , . ../. . t., 1 i I i ; . 1 g . " - / - ` 1 ' ( -7 - DOMESTIC/TRANSBORDER LOCAL 0 CHARTER 0 DIRECT OCEAN 'INT'L AIR , ? P DOOR TO PORT 0 DOOR TO PORT 0 NFO/SAME DAY 0 HOT SHOT 0 PORT TO PORT 0 PORT TO PORT 0 PRIORITY . . 0 REGULAR 0 PORT TO DOOR 0 PORT TO DOOR ■ 'i . i'.111. ::f. ;,,... • iZ .I. f ,::.; l''' . . .. ;),::,,.; (NDAY by noon) 0 NEXT DAY 0 DOOR TO DOOR Cl DOOR TO DOOR 0 REGULAR DAY 0 LIFTGATE 0 CUSTOMS 13 CUSTOMS (NDAY by 5PM) 0 TWO PERSON CLEARANCE ' CLEARANCE Contact/Broker? : . . r: ,..,.. , Phorr# .„.,., (..,:- ...: ,,) .,;, ,!,:.,., ,,,,. , ., 0 2nd DAY 0 INSIDE 0 FREE DOMICILE 0 FREE DOMICILE . , 0 ECONOMY 0 CHARTER PO# BOL# CI DATE SPECIFIC 0 NOW PREMIUM BILLING ADDRESS OF OTHE9 WS SHIPPER OR GONSIGNEE) Acct.# i` 1 !: :: 1' i 1 i ; ; 0 SATURDAY 0 VALUE ; ; !.,i: : ', l• ; ',',I.':.",'',:: 1 Sy, !J i)i' 0 SUNDAY 0 DIRECT IATA 0 TRUCKLOAD C . '. ' H ;H. I.; 3 :.: ■ I ..., .:.. i il 1 01....i. ,•ks., 0 HOLD FOR PICKUP • . ..,' ,., * The terms and conditions as noted on the reverse side of this Transport Document are not applicable for OCEAN shipments. These shipments will be subject to the Terms and -' Condition p of the appointed carrier including Limitation of Liability. j Pra`paidCP Third Party Customs Value Declared Value a. 1 Cotlept I 44 C.O.D. , Special tnstructions: . .1 ' I i 5 •:'11(0/li COD Amount ,;: Amount of Insurance , ,. .. INSURANCE - If carrier oars insurance, and such InSurance is These commodities: technology or software were exported from the Untted,States and in accordance with the export administration requested in accordance with the conditions thereof, indicate amount to regulations. Diverilon contrary to U.S. law prohibited. The exporter authorizes CEVA‘to act as forwarding agent for export control be insured in figures in box marked "Amount of Insurance". and customs ittrposes. - No. of Gross . : Description of Goods (INT'L) Schedule B# ,,., Dimensions Pieces Weight .'. . " r f'' , ; ,-. , • . , ; .:' "=, ••• , • . _ ) . ,„.. . :. 0 '..,, :. / ? 1 :; - , ...c.--..,= .-- , ; .. 0 C Totals d ; Ul This shipment contains dangerous goods AS PER ATTACHED SHIPPERS DECLARATION. '''' '-'"-:-.- r.","- ' ''' --'-'-- r'; - '• •-- !., -, - '..- --,-- UN# OR ID 24HR CONTACT NUMBER ,„ -- . ,,, 0,,, , ..A.:.:; .. - 1 ; --..; $ c'• 47.1 ., -- 'c - . •-:, A, ■-1....' „ -- 1 r . ': ■...-... A ' . : 4 , - , A „ -' ;.:. -- „, ''' ' '' .. ;, ' is. ; •• ,,_.::-.',;.' - ' 1 ' . .. ; I certify that the cargo does not contain any unauthorized explosives, incendiaries or hazardous materialS. I consent to .: ' . ' ..'" ,' • ,' ''''' .' -:. ..,-; ;: '4 : .**-• ..-, _ i,.4 ,7 ' .. .---- - I, a search of this cargo. I am aware that this endorsement and original signature, along with other shipping documents, '' , . ' ', . - , - 4, 4. . 4 ,, ,, -„, . '. .,„„ , ( -, , , • . will be retained on file for at least 30 days. . . 4. ,. DRIVER AGENTNEHICLE# C.O.D. Check# Company Name Signature of Shipper or its agent , Date Print Name ' ID Type ID# PHOTO ID ' PU TIME/DATE Total Collect Charges . . ., ID Type ID# YES/NO Reived in o co dition6 by: i Date/Time 1 % • Exuted on (date) at (place) Signature of Issuing Carrier or its Agent - 1 — ,2 0 ) 0 DR 12/08) NON-NEGOTIABLE AIRBILL SUBJECT TO CONDITIONS SET FORTH ON REVERSE SIDE HEREOF CUSTOMER COPY . _ ......koheoptu.... - hp financial services i a Y e • , STATE AND LOCAL GOVERNMENT ADDENDUM ("ADDENDUM") TO BUSINESS LEASE AGREEMENT NO. 572D0446 DATED December 9,1009, BETWEEN HEWLETT- PACKARD FINANCIAL. SERVICES COMPANY AND CITY OF WINTER SPRINGS AND ANY AND ALL SCHEDULES AND EXHIBITS THERETO (TOGETHER, THE "LEASE") The parties to the above - captioned Lease hereby agree that the following provisions dud be iacceporated into the Lase nd made a part thereof Capitalised er od r terms defined in do Lase and used in this Addendum shall have the meanings sera bed to them in the Lew unless otherwise expressly defined herein. NONAPPROPRIATION. Notwithstanding anything contained in this Lase to the contrary, in the event that sufficient fiords are not appropriated and budgeted by your governing body or are not otherwise available from other legally available sowcea in any fiscal period as noted below ("Fiscal Period") for the Lease payments and other amounts due under the Lame, the Lease shall terminate on the last day of your Fiscal Period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to you of any kind whatsoever, except as to the portions of payments due under the Lease or other amounts herein agreed upon fbr which funds shall have been appropriated or are otherwise available. You will immediately notify us or our assignee of the occurrence of nonapproprfadlon. In the event of such termination, you shall, at your sole expense and risk, immediately return the Equipment to us. Upon return, the Equipment must be in the same condition as when you first received it (excepting only reasonable %mar and star) and include all original pmts, satadunents and accessories. If requested, you agree to execute and deliver to us all documents we reasonably request to evidence the transfer of legal and beneficial tide to such Equipment to us, if applicable, and to evidence the termination of your interest in such Equipment We will have all legal and equitable rights and remedies to take possession of the Equipment. At our request, you shall promptly provide supplemental documentation as to such nonappropriation satisfactory to us. Our exercise of righhts nutmeat to this Addendum shall not affect the survival of any indenmity and other provisions (other than the obligadot to snake the payments due under the Lease through the end of the then current Fiscal Period), which survive the termination of the Lease. LESSEE WARRANTIES. You represent, mutant and covalent to us with respect to the Lars that (a) you teen agency or department of, or a political subdivision of the state in which you art looted; (b) you have the pourer end authority to eater into the Lease; (e) since due date of your most recent annul financial statemert, there has been no material adverse change in your finnan tradition, or the level otasseemert or collection of taxes by you; (d) the Equipment te essential to your immediate performance of a governmental or proprietary function within the scope of your authority and will be used daring the Initial Tenn only by you and only to nee= such !Unction; (e) you intend to are the Equipment for the entire Initial Tam of the Lease; (f) you have complied fully with ell applicable law governing open meetiop, public bidding and appropriations required in oamecticn with the Lase and the acquisition of the Equipment; (g) thee has been no means' chap in the budget fbr your current Final Period since its adoption and such budget scheduled prepaid in a000rdenoe ganerdamounting ly accepted amounting principle in the United States in effect at that time; (h) your obligations to mats the payments and any other amotmts due under the Lease constitute your current expense end not debt under npplioabie state law; and (i) no provision of the Lease constitutes a pledge of your taxes or general revenues. CHOICE OF LAW. THIS LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF THE EQUIPMENT LOCATION. SELF - INSURANCE. Upon our prior written consent, in lieu of maintaining insurance obtained by third patty insurance carriers, you may self-insure with respect to the risks described in the Lease, provided that our interests are protected to the same extant as if the insurance had been obtained by third party insurance carriers and provided Maher that euclh self - insurance program is comideat with prudent business practices with respect to such insurance risk INDEMNITY. The various indemnifications granted by you in the Lase shall be hinted to the extent required by your applicable state law. GUARANTY. All terns and conditions in die Leas relating to • geareater or to a guaranty shall not apply to you or to your L ease. ADVANTAGE PROTECTION. All team and conditions in the Lease relating to Advantage Protection shall not spply to you or to your Lease. PAYMENT IN ARREARS. All regularly scheduled Lane payments due by you under the Lase shall be payable in arrears. DEPOSIT ACCOUNT INFORMATION. You shell not be required to provide tour your deposit account infbrnhdion; we shall not initiate debit entries to your checking account as described in the Lew. Pen .teal a` lear hp Financial services t • v • • . Your Fiscal Period is a twelve month period endiri on September 3 0 , Except u specifically modified herein. ail provisions of the Lease shall remain unchanged end in full force sad effect. In the event of a conflict between the tenru of the Lease end the terns of this Addendum, the terms of this Addendum shall control. IN WITNESS WHEREOF, the pasties have cause! this Addendum to be emoted by their respective duly authorized representatives u of the date first set forth above. LESSEE: CITY OF WINTER SPRINGS HEWLETT- PACKARD FINANCIAL SERVICES COMPANY By: By , '! Name: evin L Smith Name: /d - �fl,C�, ✓e Tide: City Manager Fe Gb� Rev 02.001 Eff hp Financial services Ltemeatentameangan MUZIIIIXAMAIMINIZEigumAii Howlen.Peekrd Financial Sank= Cowpony Iw..wl to the Budget Lame Ammo (the "Lame) �W1ntified by Emma Lease Agreement r ,. .e. The Boeings Lease Agreement and its Inhibits loran *ampule s Imes at m is Numbe specified ngo p e o The Delivery and Ac epaooe Outdone. Alf gad teems used in this erns and t to this Mail have the mwdnp nrnibed b diem in the Lee. Delivery Acceptance Certificate without definition 1. LEASE ACCEPTANCE. You hereby.ckaowiedp that the &W pm* * described in the Schedule A or if different, the Equipment datarlbed la the tecbed Invoke or otter amines hdtelq, hes been delivered *the Equipment Location tprciAod below. impeded by you and bend to be is pod operating order and condition. and has been mac painterly and +nevemly accepted by you under the Leese svidmeed by*. Lhrlane Ina* Agreement a ottba Acceptance Dam et font, 2. LESSEE ACKNOWLEDGEMIWTS. You hereby wee to thiththily peons *11 of your obligations under the Basics. Lase Agreement and redline, as of the dale !mot bar rdpremetdduii end waaaatiss as et death in the Business Lean Apeana t You heeby atdtaowledde your eraemrat to papa us line parneals, as set LbM in the Schedule, plus any applicable tames, together with all other amts, experts ad during vsLuboevar which you are required to pay pursued to the Bushmen lease Apoeaant, is each ineteaoe at the there mod in the momma set tbrtli in the Bonin Learn Apcoalent , mupmeWvely. 3. EQmlllm+rr LOCATION. The Equipment has been knelled end is been at the Mowing Equipment Location: 1126 East State Road 434, Winter SAringa. Fl 3270$ Can amine, Open. sr. Kevin L. S ith, City Manager Aaatpwee nest, March 7 , 2 010 ew,wm