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2008/10/16 Marlin Leasing Corp FY09 Equipment lease, 1-Minolta C250 Copier with finisher, print, scan, copy desk printer Established 1986 1 aO 4311 � III I;F_'/N CAD4 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA May 19;2009 Toshiba Business Solutions 10370 Commerce Center,Ste.B 110 Rancho Cucamonga,CA 91730 RE: Evidence of Coverage#08-087-ME Lease Agreement between the City of Menifee and Toshiba for two color copiers; Model ES4520C and Model ES552OCT Systems To Whom It May Concern: Please be advised that the CITY OF MENIFEE participates in PARSAC, the Public Agency Risk Sharing Authority of California. As such, it is collectively and permissibly self-insured under Sections 990.4 and 990.8 of the California Government Code. The specifics of the self-insured program are listed below: COVERAGE YEAR July 1,2008-July 1,2009 General and Automobile Liability Public Officials Errors&Omission Limit:$1 Million per occurrence group self-insurance Occurrence Retention: $5,000 Workers' Compensation: Limit: $500,000 per accident through group self-insurance Employers'Liability of$500,000 Occurrence Retention: $-0- I Respectfully, I 4Ong,A Risk Manager cc: City of Menifee 1525 Response Road, Suite One, Sacramento, CA 95815-4805 Phone (916) 927-7727 Facsimile (916) 927-3075 www.parsac.org Lease Services 10/16/2008 5:23: 13 PM PAGE 1/003 Fax Server M P ARLIN LEASING To: Cathy Company: Fax: 9516793843 Phone: From: Maggie Brannigan Fax: 888-478-5835 Phone: 888-479-9111 Ext. 4148 NOTES: Thanks Cathy, I appreciate your help. Maggie 300 Fellowship Road Mount Laurel, NJ 08054 1-888-479-9111 1-888-479-1100 fax Date and time of transmission:Thursday, October 16, 2008 5:22:54 PM Number of pages including this cover sheet:03 Lease Services 10/16/2008 5:23:13 PM PAGE 2/003 Fax Server Application#:743174 This addendum (the "Addendum') is incorporated into and a part that certain Equipment Lease Contract by and between Marlin Leasing_Corp_("Lessor,"`eve,""us")and CLily of Menifee,a state or municipal governmental entity ("Lessee,""you,""your' executed by the Lessee on under which the Lessee will lease 1-Minolta C250 Copier with finisher. print scan. copy desk from the Lessor. This Addendum and the Equipment Lease Contract together are one contact. This Addendum shall amend the Equipment Lease Contract to the extent,and only to the extent,that the terms of this Addendum are inconsistent with the terms of the Equipment Lease Contract. All other terms of the Equipment Lease Contract shall be and remain in full force and effect.In consideration of the Lessor's (`eve") agreement to purchase the equipment and lease it to the Lessee ("you'), the Lessee agrees as follows: I. REPRESENTATIONS,COVENANTS AND WARRANTIES OF LESSEE. You hereby represent,covenant and warrant to us as follows: (a) You are authorized under the Constitution and laws of the State to enter into this Lease (and the other agreements and documents relating to the Lease,hereinafter included in the definition of"Lease)and to perform all of your obligations hereunder and thereunder,(b)The officer of the Lessee entity who is executing the Lease and each Schedule has been duly authorized to execute and deliver same under the terms and provisions of a resolution of your governing body,or by other appropriate official action;(c)In authorizing and executing the Lease,you have complied with all public bidding,usury and other State and Federal laws applicable to the acquisition of the Equipment; (d)You have sufficient appropriations or other funds available to pay all amounts due under Lease for the applicable fiscal year, (e) The Equipment is essential to your proper, efficient and economic operation; (0 You have never terminated an equipment lease, lease-purchase or similar contract due to non-appropriation of fiords or defaulted under the terms thereof. H. NON-APPROPRIATION OF FUNDS. You believe that funds can and will be obtained in amounts sufficient to make all Lease Payments during the Lease term.You and your fiscal officer hereby covenant that you(the Lessee entity)and he/she will do all things within your and his/her power to obtain,maintain and properly request and pursue funds from which the lease payments and payments for other related charges, if any, may be made, specifically including in your annual budget requests amounts sufficient to make such payments for the full Lease term.You intend to make all such payments for the full Lease term if fiords are legally available for that purpose.If your official governing body does not allot you fiords for the succeeding fiscal year to continue such payments under the Lease,and you have no other available finds to continue making such payments under the Lease or to purchase,lease or rent other equipment or services to perform functions similar to those performed by the Equipment under this Lease,you may terminate the Lease at the end of the then current fiscal year,by giving ninety(90)days prior written notice to us,and enclosing therewith a sworn,notarized statement that the foregoing conditions exist. The foregoing shall be the sole circumstance in which you will not be legally obligated to continue making such payments beyond the end of the then current fiscal year. Upon the occurrence of this evens;if any Lease is terminated by you in accordance with this paragraph,you arc(t)not to purchase,lease or rent personal property to perform the same or similar functions as,or functions taking the place of,those performed by the Equipment under this Lease,and (ii)not to permit such functions to be performed by your own employees or by any agency, contractor,service provider or other entity affiliated with or hired by you,for a period of three hundred sixty(360)days;provided,however,that these restrictions shall not be applicable in the event that the Equipment under this Lease is sold by us and the amount received from such sale,less all costs of such sale,is sufficient to pay the then balance otherwise then due from you under this Lease.If the application of these restrictions would affect the validity of this Lease,you agree to provide us with an opinion of your counsel relating to the circumstances of non-appropriation.Upon the occurrence of this event,you shall,at your cost and expense,both restore the Equipment to its original condition(excepting only reasonable wear and tear)and return it to us in accordance with the terms set forth in Section III of this Addendum.Upon termination of the Lease by reason of non-appropriation of funds as provided herein,you shall not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding fiscal years.However,(a)you shall continue to remain responsible for the payment of all past due payments and other obligetions that accrued under the Lease prior to the end of the 90-day notice period referred to above; and(b) if you have not delivered possession of the Equipment to us at your expense and conveyed title to us or released your interest in the Equipment to us within ten(10)days after the termination of the applicable Lease,the termination shall nevertheless be effective,but yousball be responsible for the payment of damages in an amount equal to the amount of the lease payments thereafter coming due under the Lease that are attributable to the number of days after such ten(10) day period during which you fail to take such actions,plus all other losses suffered by us as a result of your Mare to take such actions as required. Non-Appropriation under one Lease shall not affect the validity or enforceability or any other lease or contract between you and us. Lease Services 10/16/2008 5:23: 13 PM PAGE 3/003 Fax Server IILRETURN OF EQUIPMENT. Notwithstanding any contrary terms set forth or implied in the'Equipment Lease Contract," upon the expiration or termination of the Lease in accordance with its terms prior to the payment of all lease payments and other amounts due to us hereunder,you shall return the Equipment to us in the same condition it was in as of the date it was delivered to you,excepting only reasonable wear and bear,in the following manner as may be specified by us in our sole discretion:(a)by delivering the Equipment at your cost and expense to such place within the State as we shall specify; or(b)by loading such portions of the Equipment as are considered movable at your cost and expense,on board such carrier as we shall specify and shipping the same, freight prepaid by you, to a place specified by us. If you refuse to return the Equipment in the manner designated above,we may repossess the Equipment and charge you with the costs of such repossession and/or pursue any other remedy provided to us in this Lease or under law. IV.OPTION TO PURCHASE. Notwithstanding any contrary term set forth or implied in the'Equipment Lease Contract"or any separate purchase option document executed by us,upon the expiration of the originally scheduled term of the Lease,provided you have made all scheduled payments to us,have not terminated the Lease by reason of non-appropriation or other reason,and are not then in default under the Lease,you shall have the option to purchase our interest in the Equipment for the purchase option price specified in such purchase option. V. FINANCIAL INFORMATION. During the term of this Lease,you annually shall provide us with current annual financial reports,budgets,proof of appropriation for the ensuing fiscal year and such other financial information relating to your ability and commitment to continue the Lease as may be requested by us. The terms of this Addendum shall inure to the benefit of Lessor's successors and assigns. Intending to be legally bound,the parties hereto have executed this Agreement effective as of the effective date of the Equipment Lease Contract. LESSOR Marlin Leasing Corp. LESSEE:Citv of Menifee By: Bar � Print Name: Print Name: ��✓� Title: Title & Date: Date: ` ,6 l y e'