HomeMy WebLinkAboutC-1561 - Lease/Purchase agreement for Century 101 computer60; 1ROM:
P�;W.10 and ac: dress of Lesp(Supplier) I —Name and a of Lessee f
'ThepNational Cash Register Company + City of Newp t Beach
1602 N. Grand Avenue
Interest on
Total unpaid
3300 Newport Blvd.
Newport Beach 92660
(street)
$_361238.37__
$
(street) (city)
(zip)
Santa Ana California
92701
of Orange County,
California
(City) (state)
(zip) '
c
L
of New ort Beach
I
Description of property lUi
f,
See Equipment Description, Attachment A, a part of that certain Lease Agreement dated
April '18, 1974.
1. Cash Price of Property
2. Sales or Use Tax (Payable at
inception).
3. Total (1 plus 2) Basic Rental
4. Leas: Rental paid herewith.
5. Net unpaid Basic Rental (3 minus 4)
$184,750.00
$ 9,237.50
$ 1930987.50
$ N I L
$ 193,987.50
I 6.
7.
Interest on
Total unpaid
net unpaid
rentals (5
rental
plus 6)
$_361238.37__
$
2302225.87
11
of New ort Beach
'
Please onter an order for the property described above, to be the subject of a Lease
Agreement for EIGHTY -FOUR . months between the above named Lessor and Lessee-
Y
(total
number of men '
Lt
City
of New ort Beach
(Lessee)
/-I f7.
Mayor Title
ATTEST:
Date
Anrj $. 1974
By.
Gi•yZ
ere Title
Y
Page 1 of 4
L E A S H A G R E M L N T
AA IS AGREEMNT (hereinafter called "the "Lease ") entered into this 18th day of
The
Aj1. , 19_2.4, by and between National Cash Register Company
hereinafter called "Lessor" and City of Newport Beach County of
Orange , State of California, hereinafter called "Leases."
W I T N E S S E T R:
Lessor hereby Leases to Lessee and Lessee hereby hires of and from Lessor, for a period
of eighty -four months from and including the.
1st
day of July , 1974 ,
to and including the 30th day of June , 19 81 , (hereinafter called
the "full term ") the following described property (hereinafter called "the Property "):
New or Make Description of Serial
Used Trade Name Equipment Number Motor Xumber
See Equipment Schedule, Attachment A, a part of this Lease Agreement.
5
• Page 2 of 4
Lessee agraeo to pay the amook of rental charges in instaileento as followae
1
Thirty -two thousand, eijjlt +hundred eighty -nine and 41/100 Dollars ($32,889.41)
on August 1, 1974 and six (6) equal successive annual installments of Thirty -
two thwasindl eight - hundred eighty -nine and 41/100 Dollars (32,889.41) beginning
August 1, 1475.
OPTION TO PDRCHASEs
Lessee shall have and is granted, provided it is not in default hereunder,
an option to purchase the leased property in "as is" condition for the price set
forth in the following schedule, on:
"8+=
= !-
1376
for $
203,680.60
August
1.
1975
for
178.278.!0
August
1.
1976
for
131.568.13
August
1.
1977
for
123.722.57
August
1s
1978
for
94,69;57
Aua[ust
1,
1979
for
.64.438.03
August
1.
1980
for
32.889.41
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0 Pale 9 of 4
a. ' If lessee does not pay any amount due or to become due under the TA:ase or
defaults in the performance of any of the terms and conditions hereof, all Lessee's rights
hereunder are terminated and Lessor shall become entitled to possession of the Property
and to retain all rentals. Any past due payment of rent shall bear interest at the rate of
zur & one - quarter percent ( 4.25 %) per annum,
b. Lessee agrees to use the Property only for the purpose for which it is designed.
Lessee agrees to be responsible for, and pay all charges for upkeep or storage of the
Property and make, at its own expense, all repairs and supply and pay for all parts and
accessories needed to maintain and operate the Property in proper condition and good
running order. Upon termination of the Lease for any reason prior to expiration of its
full term Lessee shall redeliver the Property to Lessor in as good condition as when
delivered to Lessee, reasonable wear and tear excepted; but any damage or depreciation
caused by accident, negligence, fire, the elements or other casualty, or by failure to
neglect to make repairs as need, is not excepted.
c. Lessee agrees to be liable for, and to pay and satisfy, every claim and
liability arising against the property during the term of the Lease and assumes hereunder
all taxes, charges, and penalties of the Laws of California or any other jurisdiction in
which the Property is, or may be operneed, flotilla Lill! Lernu of Lill! Lone +e. Lessee ai;rees
Lo dufetnV, at Sxs::cc own ,:xpcnau, :t 1.1. nc.tiowl ht'u+y,hC u}',:tiuut. eiChaY ur Iwl'.h of L u
parLies hereto for damages to persons or property caused by the Property, or by Lessee's
operation thereof, and to hold Lessor free and harmless of and from all claims and
demands for damages Lo any persun or properLy which may arise or he occasioned by or
Lhrough the use of Lhu Property durhig the tarnu of Chu lease, Upon request, Lessec shall
obtain and keep in force i.nsurauce protecting Lessor against those claims and demands
and against loss of or damage to the Property by fire or other hazard, in form, amount,
and companies satisfactory to Lessor.
d. Lessor covenants that it is the sole owner of the Property and that no other
person, party, firm or corporation has any right, title, or interest in or to the Property
and that during the term of the Lease Lessor will not sell or encumber the Property,
or any interest therein, except subject to Lessee's rights hereunder.
c. Upon written notice to Lessor, given not later than ninety (90) days prior to the
end of any fiscal year of Lessee, Lessee may terminate the Lease as of the end of that
fiscal year. Upon termination before the full term of the Lease, Lessee shall redeliver
the Property to Lessor in the condition described in, paragraph (b) hereof. If Lessee
terminates the Lease under this paragraph (e) Lessor may retain all amounts previously
paid by Lessee and may collect and retain any amounts due and unpaid on the date of such
termination.
f, If Lessee complies with all Lessee's covenants under the Lease and the Tease has
not been Lcrmina tell for any raanuu before Lhc 1'141.1. Lora, Lluoroof, then a1. 1. Lila right, title,
and interest of l,euaor .io an.l to Lhn i'rupitrLy uhal.l vauL in, and the I'roparLy uhall
thereafter be owned by Lessee. Lessor covenants that it will, upon demand theroafter,
execute to Lessee a bill of sale of all Lessor's right, title, and interest in and to the
Property as evidence of that transfer of title.
Page 4 of 4
g. THIS AGREEMENT shall, in every respect, be binding on the parties hereto, and
their respective successors and assigns.
h. Lessee acknowledges receipt of an exact copy of the Lease. IN WITNESS WHEREOF, the
parties; hereto have signed the Lease the day and year first above written.
City of Newport Beach
(Lessee)
The National Cash Register Company By- L�U /yGt
.Lessor)
BY
F.A, Hsberstroh, ,Vice P"sident ATTEST:
By�L.,,.0
T-_
By
,, Approved or�Les.aee
�T
Y.. ( it le)
ccr'�c
0 4 r,
Page 1 of 2
• 'x- AS„�IGYIIttxNT
For value' received, the OdersigadC, a hereby sell, AssQAt and
transfer to the Bank of America, National Trust and Saviv, Association*
keraia after called "Hank ", hie,; or their:right; title, and int"sst
in and to the attached Lease P.greement dated itpril 18, 1974," the -property
described therein and ahl._mDaies to become due thereunder. 'In consider & -
tion of the 'purchase of the `lfaas,,, the d"arsigned agrees, ".'if Lessee
defaults in milting any payment due under the lease, at the time and Lis''
the matiper therein specified, or if Leyte terminates before tits " full
term or-fails to make payments for the full term of the Lease;'NCR
Corporation to pay on demand:.from Bank 12 months from purchase of the
agreement $155,000.00 or 24 month* from the purchase of the agreement
$120,000.00 or 36'sioaths from the purchase of the agreement $95,000.00
or 48 months from the purchase of the agreement >70,000.00 or GO months
from the purchase of the agreement ;151,000.00 or 72 months from the pur-
chase of the agreement $28,000.00 or 84 months from the purchase of the
agreement $5,000.00. Thereafter, the amount indicated in NCR's published
Tradooln Schedule in effect at that tirae. By its acceptance of those sums
from the undersigned, Bank agrees to reassign the Lease and any'righte to
the Property derived by virtue hereof or by virtue of the Lease. The
undersigned heraby consents that Bank, or its successors or assigns,
may without notice extend the time.for payment under the Lease, waive
the performance of such terms and conditions thereof as it, or they, may
determine, and make any reasonable settlement thereunder, without affecting
or limiting the undersigned liability hereunder. The undersigned waives
any rights set forth in Sections 2845, 2849 and 2850 of the Civil Code of
California. The undersigned represents that the sales or use tax set
forth in the Lease has been or will be paid by the undersigned to the
appropriate authorities.
;.
!
Ann, ai., ��`
1" tan
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on
,
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�. raga 2 of 2 1
Nothing herein Contained shall ti• %Sinetrued to impose upon Bank
any Of the obligations af..itpaisner nsaid Leaaa Agreement.
Dated At Newport Beach, Califgrnlk on April 18, 1974.
UatiORai Cash Register Company
i
Title
By
Title
.P
r .
ACIOWGZMENT AND COKL'NT TO ASSIGAA
The undersigned hereby acknowledges and consents to the attached assign-
meat of that certain Lease Agreement dated the 18th day of April 1974
The
entered into between National Cash Register Company
as
Lessor and the undersigned as Lessee
The undersigued agrees to pay all rentals 'and moneys due or to become due
under said Lease Agreement to BANK of AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
at its Newport Beach Office and further agrees it has no counterclaim
or offset against rentals due thereunder as to said Bank and expressly further
agrees that said Bank shall not be liable for any of the obligations or burdens
of the Lessor under said Lease Agreement. Nothing herein contained shall constitute
any waiver by the Lessee of any Claim that it may have against the Lessor.
-c Ly"- „Newport Beach
(Lessee)
/ : c I Title)
f° ATTEST:
,47.E Ty
... �Z ity erc
c P
approved for ):ease ,
L
B
Attachment A
MODEL NO.
615 -101
Century 101 Basic System Including:
1
$ 89,520,00
7001
(Processor with 16K Memory)
682 -100
(Card Reader (300 cpm)
649 -300
(Line Printer (300 cpm)
656 -102
(Disc Unit (4.9 million Bytes)
6561
(Disc Controller)
6562
(Fixed Disc (4.9 million Bytes)
615- 101/7003
Processor with 32 K VKE 16 K
1
13,500.00
657- 102/625 -201
Disc Unit and Controller (60 M.B.)
1
57,605.00
615 -951
Auxiliary Cabinet
1
800.00
6102
Thermal I/O Writer
1
6,250.00
687- 301/622 -701
Card Punch (3100 cpm)
1
15,500.00
940 -119
Basic -1 Compiler
1
900.00
6491
6/8 Lines Per Inch Selector
1
675.00
TOTAL PURCHASE
PRICE
$184,750.00
This Equipment Description
Attachment A is attached to and
made a
part of that
certain Lease Agreement
between National Cash Register Company,
Lessor
and City of
Newport Beach, Lessee,
dated Agrjj!j: - 38;, -- 19 74.
Lle Cit of New ort Beach 0
Lessee BYay r Tit
ATTEST:
By--
City M €rcK l Y-
t
TheNational Cash Register Co.
Lessor
'/,'
Lessee
By ���'�
F.A. Haberstroh Title
Vice President
B
t)k, Y Title
Clil:'17I';.CA'I ' it OF L','0SSAC;E OP kFSOL.tI'I'ION BY BOARD 01.' DIRLC'PORS OF
THL: NATIONAL GASI I REGIS'1'RR COMPANY
1, ��!t :: c'.. t!, "i1::0':1, Iu`f CI)p ourl'.I i,1 01:11 1 ant A ;sb;taln,' SICCrC: -Y Of WK i11jon8.l
Cash Register Company, a iMaryland co,ustion and that rho following is a true copy of
a resolution adopted by the Board of Directors of said Company at a regular mcetinly held
on July 17, 1965, at which a quormii for,the transaction of business was present and voting
throughout the meeting:
RESOLVED, that da President, any Vice President, the Treasurer or
any Assis u"it Treasoi er, the Socrctru-y or any Assistant
Secretary, _and the Controller or any Assi t.ant Controller
be, and hcrcby is, authorized to execute sales, purchase
or reMal contracts, b'id's or proposals, applications 1037
pormils aild :renowals thereof of any type and for any par -
pose iuclwling bolds, on behalf of the Compa.uy, which are
required pursuant to negotiations and dealings with the
United Mates (T:iPeinment, or any deparuncut thereof,
or lily other Govenrntental agency acting by and with the
allLi orhl of die United States, or any department thereof,
or be the same a state, county, municipa.lily, or other
subdivision thercoi', or any bureau and other agency
operating udder the Government of the United Mates, or
any of the States, or any suiidivisi.on thereof, and including
Boards of L,ducation, also inc.hiding any individ'ua'l con-
tractor, contracting company, partnership or association
operating under or connected with any of the foregoing; and
such officer is hereby authorized and directed to execute any
cer.tif.i.caic of non - collusion which may be. required as a part
of or in conjunction with such instrument and thereby to sub-
ject the Couipa.ny to the: pcnoIUC,s of perjury for any inaccura-
cies or inisstatcnncnts contained in such certificate; and the
action, of such officer in the promises is hereby ratified and
Coll fl rill ed.
I furLhcr certify 1hrt the foregoing resolution has not been rescinded or changed and
is now in full force and effect.
IN W)TX1 {SS 14 HERE {Ol +, I hayu llci -CUIILO [;CL Illy hand and affi, c.od 11W veal ai riaid
Coagvily ON 18th;uy of April, 1774
F* ek
Ilk
R
June 24, 1974
LEASE - PURCHASE AGRMHW WITH BANK OF MWCA NATIONAL TRUST
AND SAVINGS COMPANY FOR PURWASE OF COMW 101 COMP=
SyS7EM C-1561
Enclosed is the original and two copies of subject agreamt
for triwemittal to the Bank of America for execution. MA9
agreement was approved by the City Clerk an August 13, 1973
by the adoption of Resolution No. 8068.
Please return the original to this office after the Bank of
America has signed.
Laura Lagiou
LL:swk
CONFIRMATION
0
13 1973
RESOLUTION NO. 8 0 6 8
By the CITY COUNCIL
Or ajr- --04T U90CR RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A LEASE /PURCHASE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THE BANK OF AMERICA NATIONAL TRUST &
SAVINGS COMPANY FOR THE PURCHASE OF THE
CENTURY 101 COMPUTER SYSTEM
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain lease /purchase
agreement between the City of Newport Beach and the Bank of
America National Trust & Savings Company for the purchase of
the Century 101 Computer System; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that said lease /purchase
agreement is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 13th day of August , 1973.
ATTEST:
City Clerk
l
Mayor
dm
(3/9/73