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RESOLUTION NO . 10246
A RESOLUTION OF THE MAYOR ANi):'COMMON COtiNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SECOND AMENDMENT
TO LEASE WITH PURCHASE OPTION BETWEEN SAID CITY AND RAY GASKIN
SERVICE CONCERNING THE LEASING OF CERTAIN TRUCKS AND BODIES; AND
AUTHORIZING THE EXECUTION OF A DOCUMENT FOR FINANCING PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a Second Amendment to Lease with Purchase Option between said City
and Ray Gaskin Service concerning the leasing of certain trucks
and bodies; and authorizing the execution of a document for
financing purposes, a copy of which is attached hereto, marked
Exhibit "I" and referred to and made a part hereof as fWlly as
th6ugh set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernardino
at a regular meeting thereof held on the 4th day of May, 1970
following vote, to wit:
AYES:
NOES:
is hereby approved this ~day
ABSENT:
of
The foregoing resolution
~~, ,1970.
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San Bernard~no
Approved as to form:
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C~ty torney
(S)
FILED
MAY 51970
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SECOND AMENDMENT TO LEASE WITH PURCHASE OPTION
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(body and truck)
THIS SECOND AMENDMENT '1'0 LEASE WITH PURCHASE OPTION dated
4 January 14, 1970, is made and entered into this
day of
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, 1970~ by and between Ray Gaskin Servioe, herein-
after referred to as "Lessor" and the City of San Bernardino, a
munioipal corporation, hereinafter referred to as "Lessee",
WIT N E SSE T H:
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WHBRIAS, Lessor desires ~ assign the right to ftosive
payments under Lease With Purchase Optio. dated January 14, 1910,
to the Bank of Amerioa for the purpose of finano1J\9 the purchase
of one (1) 30 cu. yd. front loader body and truok l....d to
Lessee as a part of said Lease, and
WHEREAS, the Bank of Amerioa deaires that the _si'f!Jnment
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and pert.inent t.rms and conditions of the Lease beupOb the Bank'.
standard leue agreenient foZ'll (~L-511 10-'68 (JteV) ), the oriqinal
17 of wh1ch hu been subll\i tted to the parties by .tIle Bank:.f~
18 approval and signature, and
19 , WHEREAS, the Bank'. leueagreement. form, as aJIIerided by
20, two (2) att:achments identified asSohedule "1" and Bxld.bi'!: "B"
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Addendum, correotly and substant.ially set. forth the terms and
oonditionsfrom said Lease dat.ed January 14, 1970~ to the extent
cont.ained therein,
NOW, THEREl!'ORE, the part.ies hereto agree that. saia Lease
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With Option to Purohase dated January 14, 1970, between the parties
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18 hereby amended by adding Paraqrapb14 theret.o to read as
follows:
"14. The parties shall execut.e a Leas. AC]reement. '~JIIII
submitted by the Bank of Ameriaa coaoeninq the leDin, by the
city f>>om Ray Gaskin of one (1) 30ou. yd. front. loader bOdy and
truck, a copy of which is attached heret.o, marked Exhibit"B"
and referred to and made a part hereof as though aetforth in
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bXIfI/:l/T I
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full herein.
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In caaeof any conflict between Exhibit "B" and said Lease
bUd January 14, 1970, bet.ween the parUes here 'to the 'te:tliUJof
..i4 Lease shall pHvail, except for the prepaymentriflhtsand
the due date. and amount. of prinoipal and interest payments as
..t forth in Schedule "1" of Eldliblt "B","
IN WITNBSS WHEREOl!' the parUes hereto have exedu1:ed this
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Seoond Amendment to Lease wi thPurchase Option the day and year
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9 first above wri1:ten,
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n ATTEST:
CI'l'Y OF SAN llB1\NARDINO, Lessee' i
BYY~~ .t~? '
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= "'KIB ~..ox
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Approved .. 1:0 fOZ1llz
/_/Ialpll H. hUGe
C11:yAUorney
(S)
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n",EASE AGREEMENT ,,,.
(hereinafter called "the Lealle") cntered iltto thi8 .................3.Q.. day of .Ap.n,),......:..........~ '
THIS~ AGREEMENT
19.1.~.~ by and between ~_.~~~..~.~!?~................................ hereinaftcr called "Lessor" and ..~..~..~.::7...::..:....
g_~~r....~!...~.~..~~~L~.~!~~~;F.~..~.~:':!?~~~~~~~:...:...:..::. County of ...:..:::..~...::..::..:..:::...::_:::..:...:...::...:-
~~..~~~..................._...................................... State of CaliCornia, hereinafter called "Lesllee".
II tint 1111 tt4:
Lessor hereby lealle8 to'LesBCe and Lessee herehy hires of and from Lessor, for a period of .F.!?r.:t!Z..!!g~~.J~~)
months (rom and in~luding the ............?::!!!..... day of ............!~~~..................................., 19.1.~...., to and including the
..J.~........._... day of .....o!.~~~~........................................... 19 1!!...... (hereinafter called th'l "full term") th'l following de.
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8cribed property (hereinafter caUed "the Property");
NEW OR MAKE DES5RIPTION OF SERIA~ MOTOR NUMBER
USED TRADE NAME E UIPMENT NUMBE
) 1.970 Int'l Truck/ Pak-Mor Rubbish BodT 231.922G396869-0 109543-
- VCu......"u
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$ 28.12~..oo
$ 1.375.00
$ 29.500.00
$
$ 29.500.00
$ 3.754.03
7. Total unpaid rental charges (5 plua6) $ 33,254.03
Lessee agrees to pay the amount of total unpaid rental charges in instaIments a8 follows:
(New
Leooee mall pay Lessor u rental ebarge., an amount computed 88 follows:
1. Ca8h price of the Property
2. Sales or UIle Tax
3. Total (1 plua 2)
4. Rental paid herewith
5. Net rental (3 minU8 4)
6. Interest charges on net rental
PRINCIPAL
TOTAL .
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DUE DATE
INTEREST
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REFERENCE AT ACHED SCHEDULE n
herein by su h reference as
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out in full.
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incorporate herein by such r ference as though
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a. I( Le...,e do"" not pay any amount due or to become due under the Leaae or defaults in the p"rfl>cmance.
of any of the terms and conditions hereof, all Leoaee's rights hereunder are terminated and Leuor shall hecome
entitled to posae..ion of the Property and to retain all rental.. Any p..t due payment of rent shall bear in~reat
at the rate of seven percent (7%) per annum.
b. Le...,e agrees to uae the Property only for the rurpoaeo for which it is d""igned. Leoaee agrees to be reapon-
sible for, and pay' all chargee for, upkeep or etorage 0 the Property and make, at ill own ,expense, all repairs and
supply and pay for all parts and acceasori"" 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 Leoaee shall
redeliver the Property to Leuor in as good condition as when delivered to Leoaee. reasonable wear and tear excepted;
but any damage or depreciation cauaed by accident, negligence, fire. the elements or other casualty. or by failure
or neglect to ,make repain 88 needed, is Dot excepted.
c. Le..ee agre"" to be liable for. and to pay and satisfy, every claim and liability arising against the property
during the term of the Leaae and ..sumes hereunder all taxes. charg"". and penalti"" of the laws of Califomia or any
other jurisdiction in which the Property i.. Qr m.y be oper.ted, durinl the term of the Le.... L..... 'Ire.. to du-
Cend, at Leuee'. own expen.e, all action. brought agalnlt either or both of the parties hereto for damages to perlon.
or property caused by the Property, or by Le..ee's operation thereof, and to hold Lessor free and harmless of and
from all claims and demands for dama'gea to any person or property which may arise or b,' occasioned by or through
the use of the Property during the term of the Leaae. Upon requ""t, Leoaee shall obtain and keep in force insurance
protecting Leasor against those claims and demands and against 1088 of or damage to the Property by fire or other
hazard, in form, amount, and companies satisfactory to Leuor.
d. Lessor covenants that it is the lole owner of the Property and that no other penon, party, firm or corporation
has any right, title. or intereat in or to the Property and that durinll the term of the Leaae L~..or will not aell ')f
encumber the Property, or any interest therein, except subject to Lessee'. rights hereWlder.
e. Upo;. written notice to Lessor, given not later than ninety (90) days prior to the end .of any fiscal year of
Leasee, Le...,e may terminate the Leaae as of the end of that fiscal year. Upon termination before the full term of
the Lease, Le...,e shall redeliver the Property to Leasor in the condition described in paragraph (b) hereof. I(
Le...,e terminat"" the Leaae under this paragraph (e) Le880r may retain all amounts previously paid by Le..ee and
may collect and retain any amounts due and unpaid on the date of such te~ination.
f. If Leasee complies with all Leoaee's covenants under the Leaae and the Leaae h.. not been terminated for any
reason before the full term thereof, then all the right, title, and inter""t of Leasor in and to the Property shall vest
in, and the Property shall thereafter he owned by, Lessee. Leuor covenants that it will.. upon demand thereafter,
execute to Lessee a bill of sale of all Leasor's right, title, and intereat in and to the Property as evidence of that tra....
fer of title.
g. THIS AGREEMENT shall, in every _peet, be binding on th~ pam"" her~to, and th"i; .reapective suooessors
and aNigns.
h. Le...,e acknowledg"" receipt of an exaet copy of the Leaae. IN WITNESS WHEREOF. the parti"" hereto have
signed the Leaae the day and year first above written.
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APp~rOV~f" Leoaee
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By/7"'. ':::": r;e;ij:.')L7:"id'f.J?Ti;i~"""
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CITY OF SAN BERNARDINO
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BY'~~1C"''''';''''''''''''''''''''''''
By ................'.........................................,................................
By ................................:.........................................................
ASSIGNMENT
For value received, the undersigned do"" hereby aell. ...ign, and transfer to the Bank of America, National Trust
and Savings ANociation, hereinafter called "Bank", hi~ itB or their right, title, and interest in and to the Lease, the
Property therein described and all moneys to hecome due thereunder. In consideration of the purchaae of the Lease.
the undersigned agree.. if Lessee defaults in making any payment due under the Leaae. 'at the time and in the manner
therein specified, or if Le...,e terminat"" before the full term or fails to make payments for the full term of the Lease,
to pay on demand to Bank the rentals due and to become due under the Lease. By its acceptance of thoae sums from
the undersigned, Bank agreea to reassign the Leaae and any rights to the Property derived by virtue hereof or by
virtue of the Leaae. The undersigned hereby consents that Bank, or its succeasors or a..igns, may without notice
extend the time for payment under the Lease, waive the performance of such terDl8 and conditions thereof as it, or
they, may determine, and make any reasonable aettlement thereunder, without aft"ecting or limiting the undersigned'.
liability hereunder. The undersigned waiv"" any rights set forth in Section. 2845, 2849 and 2850 of the Civil Code
of California. The undersigned represents that the ..I"" or ase tax aet forth in the Leaae has been or will be paid by
the undersigned to the appropriate .uthoriti.... . .. .. .. .
DATED AT ......................................................................... 19...................
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. .F,:f~:s'.' 1()"88 (REV)
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, SCHFDULE ft 1ft TO LF.ASE ^~'lINT BETilEEN RAY GASKD1 srnvrd'P," LESSOR AlID'70
CITY OF ..,/I.N BERNARDD10, A ?lUNICIP L CORP, LESSOR. deted April 30, 151
PRINCIPAL llITEREST ;'O'1'AL DUE DATE
5 45.33 1 47.5.. 6 9 ;~y J 6-1-70
5 48,. 6 1 44.77 6 >, ,c.n J 7-1-70
5 5u.8,j 1 42< 3 6 ~; ~_~ .8 J 8-1-70
5 5 3.5 :; 1 39,2 a 6 c ,'J, 3 9-1-70
5 56.3.2 1 36.5 1 6 S, ,c J) 3 10-1-70
5 59.1 " 1 33.7 J 6 9..~~.8J U-1-70
5 61.9 c, 1 3 v.9 3 6 9:'.n J 12-1-70
5 64.7 1 1 28.1 , 6 9 ~:.R J 1-1-71
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5 67.53 1 25.3 J 6 9 .~I.R J 2-1-71
5 7".37 1 2 2.46 6 9 ;'.8 J 3-1-71
5 7 J.2 ,~ 1 1 9.6 1 6 92.8 J 4-1-71
5 76.,; 3 1 16.7') 6 9 ~~.8 J $-1-71
5 7 ::.)1.'") 6 1 1 3.c' 7 6 9 ~~.8 3 6-1-71
5 [, 2.36 1 1 v.4 7 6 9 '!.B J 7-1-71
5 84.77 1 C 8,G 6 6 ') 2.8 J 8-1-71
5 [, 7.7., 1 () 5.1 3 6 ') ;:.83 9-1-71
5 ') Ci.6 J 1 C 2..2 ~J 6 9;;.R3 10-1-71
5 9 ).5') ') 9,24 6 () 2.83 11-1-71
5 96.5 :) 96.2 d 6 9 ,~.8 J 12-1-71
5 ') 9.54 9 ),29 6 9.~.8 J 1-1-72
6 (, 2.5 4 ') 1..2 9 6 92.11 J 2-1-72
6 C 5.55 87.2 :3 6 92.8 J 3-1-72
6 L 8.5 8 84,25 6 9::.8 ) 4-1-72
6 1 1.62 81.21 6 92.83 ,-1-72
6 14.6 J 78.1 ,. 6 9.:.83 6-1-12
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6 17.7 :; 75.U I} 6 ') 2.8 J 7-1-72
62 v.8 4 71.9') 6 92.8 J 6-1-72
6 ;; 3.94 68.8') 6 92.83 9-:q.72
6 27,0, 6 65.77 6 9;0..8 J 10-1-72
6 3 Ci.2 lJ 62.63 6 92.83 U-1-72
6 33.35 59.4 d 6 92.83 12-1-72
6 36.5 Z 56.3 I 6 ') ;:.83 1-1-73
6 39.7,j 53.1 3 6 92.13 J 2-1-73
6 4 2.9 LJ 49.9 J 6 9 _:.83 3-1-73
6 46.1 I 46.72 6 92.83 4-1-73
6 49.34 43.49 6 9 2.f: J ,-1-73
6 5 2.5 ') 4 v.2 4 6 9 ;-!.H J 6-1-73
6 55.85 36.93 6 92.83 7-1-73
6 59.1 3 33.7 J 6 92.83 6-1-73
6 62.4 J 3 u.4 d 6 9 2.e J 9-1-73
6 65.74 27.u 9 6 ') 2.83 10-1-73
6 69.1, 1 23.76 6 9 ;!.8 J U-1-73
6 7 ,~.4 I 20.42 6 9,:.83 12-1-73
6 75.1 j 1 7.u 5 6 ') ;'.B 3 1-1-14
6 79.1 :> 1 3.68 6 92.8 J 2-1-74
6 82.5 5 1 u.2 a 6 ') 2.83 3-1-74
6 84.96 7.87 6 ')?I'\ 3 4-1-74
6 8 8.5 9 424 6 9 ,'.8 J ,-1-74
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3 i~ is agreed th4~, provided Lessee is no~ ~n defaul~ .under
EXHIBIT lOB" ADDENDUM
4 any of the tl!l!'lllll, condi ~ions and C()Venan~s of this Leaa.Agree-
5 _)\'t, Less_ MY on any renl1al due da~e, by qiving to Lessor ten
6 (In days' priOI' not.ice in w:d Hng' of 1t:1I intentien t.o do so,
7 prepay in full t.he sum to~al of all principal dollar amounta re-
8 Mihing 1:0 bel paid through the acheduled final J;layment. <<,!l~ Of the
9 Lease a. set. forth in ~he columns D1Ar~iId "Principal" and "Due Da~e"
10 of Schedule "1" herein. From ~he dateo'f said prepaytUnt., Lelssee
n shall be Wl~ .no. obHqaHonl1o pay further intereet or other
12 Clharge upon the said prepaid principal IIIlIOWlt, u4 arty and all
13 intere.t IIIlIOWlushown on Schedule "1" arisinq af-ter the date of
14 said prepymenl1 .hall be aonaidered canqelledand of no further
15, effeet whatever. Upon reaeipt by Le...... of .ai"prepaYJl18n~, all
161 .of Lesaor'. right., title and interest in and ~o the property
17 aovued by the Le.a. Ac1reltlllent will vest:!l:l. Lessee and Lessor
18 will execute a bill of sale thereto as provided in P.rA~.ph (f)
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19, of this Leue Agrl!leilaent.
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