HomeMy WebLinkAboutPOA Equipment Lease Contract CP Signed 2020PACIFIC OFFICE
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AUTOMATION
The NoiYhm+wt'a owa, the natianady nrngmi ed copiereonmpany
Agreement #
Unconditional Personal Guaranty
In consideration of Lessor entering into the Lease in reliance on this guaranty, the undersigned unconditionally and irrevocably guarantees to Lessor, its successors and assigns, the prompt
payment and performance of all existing and future obligations to Lessor, including the Lease. I agree that (a) this is a guaranty of payment and not of collection, and that Lessor can proceed
directly against me personally without resorting to any security or seeking to collect from Lessee, (b) I waive all suretyship defenses including impairment of collateral, failure to properly perfect a
security interest in the collateral, and all notices, including those of protest, presentment and demand, (c) Lessor may renew, extend or otherwise change the terms of the Lease without notice to
me and I will be bound by such changes, and (d) I will pay all of Lessor's costs of enforcement and collection, including attorneys' fees. This guaranty survives the bankruptcy of Lessee and
binds my administrators, successors and assigns. My obligations under this guaranty continue even K Lessee becomes insolvent or bankrupt or is discharged from bankruptcy and I agree not to
seek to be repaid by Lessee in the event I must pay Lessor, until you have been paid all amounts owed. This guaranty shall be governed by the laws of Oregon. I consent to the personal
jurisdiction and venue of federal and state courts in Oregon.
Printed Name:
By.
Page 1 of 2 POA 1216 (a) r12 11-13
Equipment Model & Description Serial Number Accessories
SEE ATTACHED
F-jSee attached schedule for additional Equipment/Accessories
Equipment Location (if different from Billing Address):
Pacific Office Automation, Inc. 50
® Fair Market Value
Name Branch
341 N. CENTRAL AVE
Address
..... ................. ... --- ..... .
"1'�l .A
Medford OR 97501��
Lease Payment $1124.55 (plus applicable taxes)
Term 60 months
City State Zip
YOU HAVE SELECTED THE EQUIPMENT. THE SUPPLIER AND ITS REPRESENTATIVES ARE
NOT OUR AGENTS AND ARE NOT AUTHORIZED TO MODIFY THE TERMS OF THIS LEASE. YOU
ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH ITEM OF EQUIPMENT AND
Billing Period: Monthly
YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION OF YOUR WARRANTY
9 y
RIGHTS. WE MAKE NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AS TO THE
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SURABILITY, OR OTHERWISE.
WE PROVIDE THE EQUIPMENT TO YOU AS -IS. WE SHALL NOT BE LIABLE FOR
The following additional payments are due on the date this
9 P Ym
CONSEQUENTIAL OR SPECIAL DAMAGES.
Agreement is signed by you:
YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT
Security Deposit
De $
SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER.
BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL. THIS LEASE SHALL BE
GOVERNED BY THE LAWS OF OREGON. YOU CONSENT TO THE JURISDICTION AND VENUE
Advance Payment $ (plus applicable taxes)
OF FEDERAL AND STATE COURTS IN OREGON.
Applied to: p First I] Last
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING
ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY
AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.
Document Fee $75.00 (included on first invoice)
WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR
NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE
Central Point City Of
MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS.
BY SIGNING THIS LEASE, YOU ACKNOWLEDGE RECEIPT OF PAGE 2 OF THIS LEASE, AND
Full Legal Name
AGREE TO THE TERMS ON BOTH PAGES 1 AND 2. ORAL AGREEMENTS OR COMMITMENTS
TO LOAN MONEY, EXTEND CREDIT OR TO FOREBEAR FROM ENFORCING REPAYMENT OF A
140 S 3rd Street
DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE.
Billing Address
TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY
AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING,
Central Point OR 97502
WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US,
City State Zip
EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.
a
Contact Name Phope E-mail Address
_..
Pacific Office Automation, Inc.
By:
Name: _'��v S._•1_.,'[-_. n2_0_n.
Name: Tricia Burkhart
Title:' t--
Date: z1/ 7 p
Federal Tax ID: _ 2 3- 6
Title: Branch Administrative Manager
Date:
Unconditional Personal Guaranty
In consideration of Lessor entering into the Lease in reliance on this guaranty, the undersigned unconditionally and irrevocably guarantees to Lessor, its successors and assigns, the prompt
payment and performance of all existing and future obligations to Lessor, including the Lease. I agree that (a) this is a guaranty of payment and not of collection, and that Lessor can proceed
directly against me personally without resorting to any security or seeking to collect from Lessee, (b) I waive all suretyship defenses including impairment of collateral, failure to properly perfect a
security interest in the collateral, and all notices, including those of protest, presentment and demand, (c) Lessor may renew, extend or otherwise change the terms of the Lease without notice to
me and I will be bound by such changes, and (d) I will pay all of Lessor's costs of enforcement and collection, including attorneys' fees. This guaranty survives the bankruptcy of Lessee and
binds my administrators, successors and assigns. My obligations under this guaranty continue even K Lessee becomes insolvent or bankrupt or is discharged from bankruptcy and I agree not to
seek to be repaid by Lessee in the event I must pay Lessor, until you have been paid all amounts owed. This guaranty shall be governed by the laws of Oregon. I consent to the personal
jurisdiction and venue of federal and state courts in Oregon.
Printed Name:
By.
Page 1 of 2 POA 1216 (a) r12 11-13
ADDITIONALTERMSAND CONDITIONS OF LEASE
1. COMMENCEMENT OF LEASE. Commencement of this Lease and acceptance of the
Equipment shall occur upon delivery of the Equipment to you, You agree to inspect the
Equipment upon delivery and verify by telephone or in writing such information as we may
require. If you signed a purchase order or similar agreement for the purchase of the
Equipment, by signing this Lease you assign to us all of your rights, but none of your
obligations under it. All attachments, accessories, replacements, replacement parts,
substitutions, additions and repairs to the Equipment shall form part of the Equipment under
this Lease.
2. SECURITY DEPOSIT. The Security Deposit will be held by us, without interest, and
may be commingled (unless otherwise required by law), until all obligations under this Lease
are satisfied, and may be applied at our option against amounts due under this Lease. The
Security Deposit wilt be returned to you upon termination of the Lease, provided you are not
in default, or applied to the last Lease Payment or to the amount we may quote for any
purchase or upgrade of the Equipment.
3. LEASE PAYMENTS. You agree to remit to us the Lease Payment and all other sums
when due and payable each Billing Period at the address we provide to you from lime to
time. Lease Payments are due whether or not you are Invoiced, You oulhorize us to adjust
the Lease Payments by not more than 15% to reflect any reconfiguration of the Equipment
or ad1'usVnents to reflect applicable sales taxes or the cost of the Equipment by the
manufacturerlsmller.
A. LEASE CHARGES. You agree tD: (a) pay all costs and expenses associated with the
use, maintenance, servicing, repair or replacement of the Equipment; (b) pay all premiums
and other costs of Insuring the Equipment; (c) reimburse us for all costs and expenses
including reasonable aftomeys' fees and court costs) incurred in enforcing this Lease; and
d) pay all other costs and expenses for which you are obligated under this Lease. You
agree, at our discretion, to either (1) reimburse us annually for all personal property and
other similar taxes and govemmenW charges associated with the ownership, possession or
use of the Equipment, or (2) remit to us each Bitllrvg Period our estimate of the pro -rated
equivalent of such taxes and governmental charges. You agree to pay us an administrative
tae for the processing of taxes, assessments or fees which may be due and payable raider
this Lease. We may take on your behalf any action required under this Lease which you fall
to take, and upon recelpt of our invoice you will promptly pay our costs (Including insurance
premiums and other payments to affiliates), plus reasonable processing fees. Restrictive
endorsements on checks you send to us will not reduce your obligations to us, We may
charge you a return check or non -sufficient funds charge of $25,00 for any check which is
retumed by the bank for any reason (not to exceed the maximum amount permitted by law).
5. LATE CHARGES. For any payment which Is not received by its due date, you agree to
pay a late charge equal to the higher of 10°% of the amount due or $22.DO (not to exceed the
maximum amount permitted by law) as reasonable collection costs.
6. OWNERSHIP, USE, MAINTENANCE AND REPAIR, We own the Equipment and you
have the right to use the Equipment under the terms of this Lease. If this Lease is deemed
to be a secured transaction, you grant us a security interest in the Equipment to secure all of
your obligations under this Lease. You hereby assign to us all of your rights, but none of
your obligations, under any purchase agreement for the Equipment We hereby assign to
you all cur righis under any manufacturer or supplier warranties, so long as you are not in
default hereunder. You must keep the Equipment free of liens. You may not remove the
Equipment from the address indippcated on the front of this Lease without first obtaining our
(b)pUSEI. You agree to: THE EQ PMENa ONLYthIN THE LAWment FUL CONDUCT OF our exclusive! control
BUSINESS,
AND NOT FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES; (c) use the
Equipment In conform4 with all Insurance requirements, manufacturer's instructions and
manuals; (d) keep the Equipment repaired and maintained in good working order and as
required by the manufacturers warranty, certification and standard full service mainlen once
contract; and (e) give us reasonable access to inspect the Equipment and its maintenance
and other records.
7. INDEMNITY, You are responsible for all losses, damage, claims, infringement claims,
injuries and attorneys' fees and costs ('Claims'), incurred or asserted by any person, in any
manner relating to the Equipment, including its use, condition or possession. You agree to
defend and indemnify us against all Claims, although we reserve the right to control the
defense and to select or approve defense counsel. This indemnity continues beyond the
termination of this Lease, for acts or omissions which occurred during the Tenn of this
Lease. You also agree that this Lease has been entered into on the assumption that we will
be entitled to certain tax benefits available to the owner of the Equipment. You agree to
Indemnify us for the lass of any income tax benefits caused by your acts or omissions
Inconsistent with such assumption or this Lease. In the event of any such loss, we may
Increase the Lease Payments and other amounts due to offset any such adverse effect
8. LOSS OR DAMAGE. If any item of Equipment Is lost, stolen or damaged you will, at
your option and cost, either: (a) repair the item or replace the Item with a comparable item
reasonably accept- able to us; or (b) pay us the sum of (l) all past due and current Lease
Payments and Lease Charges, III) the present value of all remaining Lease Payments and
Lease Charges far the item, discounted at the rate of 6% per annum (or the lowest rate
permitted by law, whichever is hiher) and (III) tha Fair Market Value of the E u enL We
will than transfer to you all our rigll, idle and interest in the Equipment ASIS A D WHERE -
IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE. insurance
proceeds shall be applied toward repair, replacement at payment hereunder, as applicable.
n this Lease, 'Fair Market Value' of the Equipment means its felt market value alle end of
the Term, assuming good order and condition (except for ordinary wear and tear from
normal use), as estimated by us.
9, INSURANCE. You agree, at your cast, to: (a) !seep the Equipment insured against all
risks of physical loss or damage for its full replacement value, nameus as loss payee; and
(b) maintain public liability insurance, covering personal injury and Iquip hent damage for
not less than $300,000 per occurrence, naming us as additional insured. You have a eholoe
in haw you satisfy [hese Insurance requirements. You may obtain coverage on your own
and provide us with evidence of insurance coverage. The policy must be issued by an
Insurance carrier rated B+ or better by A.M. Best Company, must provide us with not less
than 15 days' prior written notice of cancellation, non -renewal or amendment, and most
provide deductible amounts acceptable to us. If you do not provide acceptable insurance
within 30 days after the start of this Lease, we have theht but no oblr'gatton to obtain
insurance covering our interest (and only our In to rest) in the1quipmant for the Lease Term
and any renewals as would be further described on a letter from us to you. Any insurance
we obtain will not Insure you against third party at IiabllIty claims and may be cancelled at
any time. In the event that we elect to obtain such insurance, you wail be required to pay us
an additional amount each Billing Period for the cast of such insurance and an
administrative fee, the cost of which insurance and administrative fee may be more than
the cost to obtain your own insurance. We may make a profit on these programs.
10. DEFAULT. You will be in default under this Lease if: (a) you fail to remit to us any
payment within ten (10) days of the due date or breach any other obligation under this
Lease; (b) a potition is filed by or against you or any Guarantor under any bankruptcy or
lnseEvecry law, or Ic) you default under any other agreement with us.
EDIES. i
11. REMf you default, we may do one or more of the following: (a) recover from
you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY,
the sum of (1) all past due and current Lease Payments and Lease Charges, (IQ the
present value of all remaining Lease Payments and Lease Charges, discounted at the rate
of S% per annum (or the lowest rate permitted by law, whichever Is higher} and [ill) the Fair
Market Value of the Equipment; (bdeclare any other agreements between us in default;
(c) require you to return all of the quipment in the manner outlined in Section 12, or take
possession of the Equipment, lir which case we shall not be held responsible for any
losses directly or indirectly arising out of, or by reason of the presence and/or use of any
and all proprietary information residing on or within the Equipment, and to lease or sell the
Equipment or any portion thereof, and to apply the proceeds, toss reasonable selling and
administrative expenses, to the amounts due hereunder, (d) charge you Interest on all
amounts due us from the due date until paid at the rate of 1-112% per month, but in no
event more than the lawful maximum rate; (e) charge you for expenses incurred in
connection with the enforcement of our remedies including, without Ifmitallon,
repossess [on. repair and collection costs, attomeys' fees and court costs. These remedies
are cumulative, ars in addition to any other remedies provided for by law, and may be
exercised concurrently or separately. Any failure or detay by us to exercise any right shall
not operate as a waiver of any other right or future right.
12. END OF TERM OPTIONS; RETURN OF EQUIPMENT. If you are not In default, at
least 60 days (but not more than 120 days) prior to the end of the Tenn (or the Renewal
Tem,) you shall give us written notice of your intention at the and of the Term (or the
Renewal Term) wh€ch election
TITLE ❑ppoannat be revoked, to ellher (a) return
for the Fair Market ValueFall of the EqTHOUT ANY ui Ment,
or (h) pumb ase all of the
ment AS -IS AND WH ERE -1 S,
les
andINTY
AS s other taxes. IF YOU FAIL TO PROVIDE DE V WITH SUCH I60 DAY PRIOiRceWRITTble EN
NOTICE, OR HAVING NOTIFIED US, YOU FAIL TO RETURN THE EQUIPMENT, THE
TERM OF THIS LEASE SHALL AUTOMATICALLY RENEW FOR ONE ADDITIONAL
TERM OF TWELVE (12) MONTHS Aha 'Renewal Term') and ail of the provisions of this
Lease shall continue to apply, Including your obligation to remit Lease Payments and
Lease Charges. If you are in default or you do not purchase the Equipment at the end of
the Term (or the Renewal Term), you shall return all of the Equipment, freight and
Insurance prepaid at your cast and risk, to wherever we indicate in the continental United
States, in good order and condIlion (except for ordinary wear and tear from normal use),
packed per the shipping company's specifications. You shall securely remove all data from
any and all disk drives or magnetic media prior to returning the Equipment. You will pay us
for any loss In value resulting from the faliure to maintain the EqulpmenIIn accordance with
this Lease or for damages incurred In shipping and handiing.
13. ASSIGNMENT. You may not asslgn ordlspose of any rights or obligations under this
Lease or sub -tease the Equipment, without our prior written consent. We may, without
notifying you, (a) assign this Lease or our interest in the Equipment; and (b) release
Information we have about you and this Lease to the manufacturer, supplier or any
prospective investor, participant or purchaser of this tease. If we do make an assignment
under subsection 13(a) above, our assignee will have all of our rights under this Lease, but
none of our obl[gations. You agree not to assert against our assignee claims, offsets or
defenses you may have against us.
14. MISCELLANEOUS. Notices must be In writing and will be deemed given 5 days allot
mailing to your (or aur) business address. You represent that (a) you have authority to
enter Into this Lease and by so doing you will not violate any law or agreement; and (b) this
Lease Is signed by your authorized officer or agent. This Lease Is the entire agreement
between us, and cannot be modified except by another document signed by us. This
Lease Is bindingg on you and your successors and assigns. All financial Information you
have provided is true and a reasonable representation of your financial condition. You
authorize us or our agent tD: (a) obtain credit reports and make credit Inquiries; (b furs sh
payment history to credit reporting agencies; and (c) be your attomeyin-favi for he sole
purpose of signing Uniform Commercial Code {`UCC') financing statements. Any claim
you have against us must be made within two (2) years after the event which caused It If a
court finds any provision of this Lease to be unenforceable, all other terms shall remain In
affect and enforceable. You authorize us to Insert or correct rn&ing information on this
Lease, including your proper legal name, serial numbers arxd any other information
describing the Equipment. If you so request, and we permit the early termination of this
Lease, yyoou agree to pay a fee for such privilege. THE PARTIES INTEND THIS TO BE A
'F#NANCE LEASE' UNDER ARTICLE 2A OF THE UCC. YOU WAIVE ALL RIGHTS AND
REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC.
Page 2 of 2 POA 1216 (a) r1211-13
Central Point City OF
Canon IR Advance C5535i
SN 2KK00850
Canon IR Advance C5550i
SN 2JH02188
Canon IR Advance C5550i
SN 2JH02282
Canon IR Advance C5550i
SN 2JG07816
Canon IR Advance C5550i
SN 2JG07810
HP LJ E62655DN
SN MXPCM692QP
HP CLJ E57540dn
SN MXBCMBHOSS
HP CLJ E57540dn
SN MXBCMBHOS1
HP LJ E60055DN
SN CNMCM3504F
HP E60055DN
SN CNMCM35041
HP E60055DN
SN CNMCL7JOYX
HP E60055DN
SN CNMCL7JOZ2
HP E60055DN
SN CNMCM2C23P
HP E60055DN
SN CNMCM2C22Z
HP E60055DN
SN CNMCL7JOYH
HP E60055DN
SN CNMCL7JOXZ
HP E60055DN
SN JPCCL1Z0CS
HP LJ M553DNM
SN JPCCL1Z0CG
Signature
Dateg / 2 c
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Certificate of Acceptance Agreement#
SUPPLIER:
Pacific Office Automation
341 N. Central Ave
Medford, Oregon 97501
Cay State Zip County
Li anli(v
Equipment Model & Description
1
Canon IR Advance C5535i
1
Canon IR Advance C5550i
1
Canon IR Advance C5550i
1
Canon IR Advance C5550i
1
Canon IR Advance C5550i
1
HP LJ E62655DN
1
HP CLJ E57540dn
1
HP CLJ E57540dn
1
HP LJ E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP E60055DN
1
HP LJ M553DNM
CUSTOMER:
Central Point City Of
140 S 3rd Street
CP OR 97502
Cly State Zip County
Customer, through its authorized representative, hereby certifies to Owner that:
Serial Number
SN 2KKO0850
SN 2JH02188
SN 2JH02282
SN 2JG07816
SN 2JG07810
SN MXPCM692QP
SN MXBCMBHOSS
SN MXBCMBHOS1
SN CNMCM3504F
SN CNMCM35041
SN CNMCL7J0YX
SN CNMCL7JOZ2
SN CNMCM2C23P
SN CNMCM2C22Z
SN CNMCL7JOYH
SN CNMCL7JOXZ
SN JPCCL170�_
SN JPCCL1ZOCG
1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the
Agreement.
2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, ('c) functioning, and (d) in good
working order.
3.Customer accepts the Equipment for all purposes under the Agreement as of December 17, 2019
(the "Acceptance Date"), which is the date on which the Equipment was delivered and installed.
4. The Equipment is of size, design, capacity and manufacture acceptable to Customer and suitable for Customer's
purposes.
5. Customer is not in default under the Agreement and all of Customer's statements and promises set forth in the
Agreement are true and correct.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS -24 DAY OF .2070
CUSTOMER: Central Point Citv Of
(Legal Name)
m
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E
TWIN
i (Signature ofAukhorized Signer)
PR!WrZD NAME:
TITLE: )roc i-