HomeMy WebLinkAbout1996-071
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RESOLUTION NO.
96-71
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF NEW LEASE AGREEMENT DOCUMENTS BETWEEN THE CITY OF SAN
BERNARDINO AND ASSOCIATES COMMERCIAL CORPORATION AND ISSUE
SCHEDULE NO. 2 TO KOCH FINANCIAL RELATING TO AUTOMATED REFUSE
CONTAINERS FOR REFUSE/RECYCLE PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO A FOLLOWS:
SECTION 1. That Associates Commercial Corporation has
decided to fund only $1,000,000 of their lease of $2,964,824.70
previously authorized on Resolution Number 95-345, the Purchasing
Manager is hereby authorized to complete new lease documents in
the amount of $1,000,000. The remainder of the original lease is
hereby set aside for vendor non-performance. Further, the
Purchasing Manager is authorized and directed to issue Schedule
2 addendum to lease Purchase Agreement of Koch Financial
Corporation having been the next lowest and best responsible
bidder for the financing of automated refuse containers in
accordance with Bid Specification F-95-28 in an amount not to
exceed $1,964,824.70 at 5.39% interest payable six (6) months in
arrears over five (5) years; (see schedule attached as Exhibit
"A") .
SECTION 2. The authorization to execute the above referenced
Schedule Addendum to Master Lease Purchase Contract of Koch
Financial Corporation is rescinded if it is not issued within
sixty (60) days of the passage of this resolution.
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03-12-96
-1-
RES 96-71
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF NEW LEASE AGREEMENT DOCUMENTS BETWEEN THE CITY OF SAN
BERNARDINO AND ASSOCIATES COMMERCIAL CORPORATION AND ISSUE
SCHEDULE NO. 2 TO KOCH FINANCIAL RELATING TO AUTOMATED REFUSE
CONTAINERS FOR REFUSE/RECYCLE PURPOSES.
I HEREBY CERTIFY that the foregoing resolution was duly
Bernardino at a regular
adopted by the Mayor and Common Council of the City of San
18th day of
March
, 199~, by
the following vote, to wit:
Council Members:
AYES
NEGRETE
x
CURLIN x
ANDERSON x
OBERHELMAN x
DEVLIN x
ARIAS x
MILLER x
meeting thereof, held on the
NAYS
ABSTAIN
ABSENT
~~-'
Cl.ty Clerk
The foregoing resolution is hereby approved this ,~-fl
day of March , 199~.
~/~'1.
/ ~l ~ 4l.t1'-'\.
( -
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
city tttorney .,.,
By: 0~ 7.~~_
/
/
01-12-96
\"..,
-2-
RES 96-71
EXHIBIT IIAII
Renral Payment Rental Payment Rental Payment lntere,r Principal Purchl1se
Number Due Dare Amount Portion Portion Price
31111196
9118196 $226,766.44 $52,952.03 $173.814.41 S 1.826,830.49
2 3118197 S226,766.44 $48,267.73 $178.498.71 SI,644,761.80 ,~ -'
3 91111197 $226,766.44 $43,457.19 $J83,309.25 $ 1,457,786.36
4 3118198 $226,766.44 $38.517.00 $ J 88,249.44 $1,265,771.94
5 9118198 $226,766.44 $33,443.68 SI93,322.76 $1.068,582.72
6 J/18199 $226,766.44 $28,233.63 $198,532.81 $866,07926
7 9118199 $226,766.44 $22,883.17 $203,883.27 $658.118.32
II 3/18/UO $226,766.44 $ J 7,388.52 $209,377.92 $444,552.84
9 91/ 8/00 $226,766.44 $11,745.78 $215,020.66 $225,231.17
10 3/1 8/0 J $226.766.44 S5,950.98 S220,815.46 $1.00
Tulars: $2,267,664.41 $302,839.71 S 1,964,824.70
, ,
RES 96-71
Dated: March 18. 1996
(LESSOR)
Koch Financial Corporation
4111 E. 37th St., North
Wichita, Kansas 67220
Allest:
(LESSEE)
The City of San Bernardino
300 North "D" Street
San Bernardpatifornia 92418
:eboh~~~H
(SEAL)
Allest: !4.u...hL (!~
By
Title
(SEAL)
.'
RES 96-71
EXHIBIT D
ACCEPTANCE CERTIFICATE
Koch Financial Corporation
4111 East 37th Street North
Wichita, KS 67220
Gentlemen:
Re: Schedule of Property No.2, dated March 18, 1996, to Master Equipment Lease/Purchase Agreement, dated as of June 15,
1995, between Koch Financial Corporation, as Lessor, and the City of San Bernardino, as Lessee.
In accordance with the Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and
represents to, and agrees with Lessor as follows:
(I) All of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Property (the
"Schedule") has been delivered, installed and accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
(3) Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.
(4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as
defined in the Agreement) exists at the date hereof.
Date: j'y\ M.O-\ \ q ) L q q ~
[SEAL]
~
c. Me, C\.JlI.r
w:\kfc\doc\sanbem4
.'
RES 96-71
EXHIBIT C
CERTIFICATE OF CLERK OR SECRETARY OF LESSEE
I, the undersigned, do hereby certify (i) that the officer of Lessee who executed the foregoing Agreement of behalf of Lessee and
whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her signature and has
been authorized to execute the foregoing Agreement on behalf of Lessee, and (ii) that the budget year of Lessee is from
to
Dated:
.'
By: ~d ~
Title: th CP..vJL
iJ