HomeMy WebLinkAboutResolution - 052269D - Lease Agreement - National Cash Register Company - Equipment Rental - 05_22_1969RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a LEASE AGREEMENT
with The National Cash Register Company for lease of accounting equipment
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 22na day of MAY , 1969,
ATTEST:
La nia Lowe, City Secretary -Treasurer
Fred O. Senter, Jr, , j ty Attorney
❑ NEW CONTRACT ❑ REPLACES ❑ CHANGE OF LOCATION OF EQUIPMENT
.. CONTRACT DATED FORMERLY SHOWN ON NCR REF. NO. DATED
e? THE NATIONAL CASH REGISTER COMPANY
DAYTON, OHIO 45409
FULL SERVICE EQUIPMENT RENTAL CONTRACT '
THE NATIONAL CASH REGISTER COMPANY, HEREINAFTER CALLED "NCR" HEREBY AGREES
TO RENT TO:
CUSTOMER
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CONTRACT r
NAME
DATE
CORPORATION
STREET ADDRESS
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IS N PLRC[ o►
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RR[IN[SR OR RESIDENCE
RDD[c[[ or r[ar[1[TOR
'
CITY T.., ;...� -..r
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COUNTY .,. ,.t _
STATE
ZIP
oR P►RTNus
CODE
STREET ADDRESS r r , )1 <,
FOR USE AT
CITY
CO
COUNTY . T, , .()Clr
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HEREINAFTER CALLED -LESSEES" AND LESSEE AGREES TO RENT FROM NCR FOR A
TERM OF ]_ YEAR(S) THE EQUIPMENT IMMEDIATELY HEREIN BELOW DESCRIBED UPON At Time of Signing Enter Only If
THE TERMS AND CONDITIONS SET FORTH ON THE FACE AND REVERSE HEREOFI Iurcho[e Option Deposit Collected
MODEL NO. OR SIZE
SERIAL NO.
BASIC
SPECIAL MONTHLY
SERVICE CHARGE
c°"s-
SALABLE
ors.
Co.OPTION
MONTHLY RENTAL
17)
P��.
CATEGORY
PRICE
(PAR.
rR� [a
of
CHECK HERE IF SCHEDULE "A" OF TOTAL
❑ "A"
❑ PLUS APPLICABLE TAXES (PAR. 71
ADDITIONAL EQUIPMENT IS ATTACHED SCHEDULE
TAX EXEMPT
TOTAL1,+
00
❑ STATE ❑ CITY . ❑ COUNTY
TRADE-IN ALLOWANCE (PAR. 15)
DEPOSIT FOR PURCHASE OPTION
RECEIVED $
ON EXECUTION HEREOF IN CONSIDERATION
DESCRIPTION
SERIAL NO.
ALLOWANCE
OF PRIVILEDGE TO PURCHASE EQUIPMENT FOR
WHICH PURCHASE OPTION IS SHOWN ABOVE
ON TERMS SET FORTH IN PAR. 20.
t' .-]•!ti:7
Fi]] i 7? t}
A] �t�)o}
SIGNATURE OF NCR REPRESENTATIVE
ADVANCE RENTAL DEPOSIT
RECEIVED $
ON EXECUTION HEREOF TO BE APPLIED
AS PROVIDED IN PAR. 16.
CHECK HERE IF SCHEDULE "B" OF TOTAL
❑
ADDITIONAL TRADE-INS IS ATTACHED SCHEDULE "B"
SIGNATURE OF NCR REPRESENTATIVE
MONTHS @ $ FINAL MONTH @ S TOTAL
? .] ", w no
EXCEPT AS HEREINAFTER SPECIFICALLY STATED TO THE CONTRARY THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH ABOVE.
THE EQUIPMENT IS WARRANTED TO CONFORM TO SUCH DESCRIPTION. SUCH WARRANTIES ARE EXCLUSIVE OF ALL OTHERS WHETHER THEY BE OF MERCHANT-
ABILITY OR OTHERWISE AND WHETHER OR NOT THEY ARE OR MAY BE IMPLIED. IN NO EVENT SHALL NCR BE RESPONSIBLE FOR SPECIAL OR CONSEQUENTIAL
DAMAGES FROM ANY CAUSE WHATSOEVER.
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NCR .,r
AMPTED - The National Cash Register Company
BRANCH l�rJ`` �,t';....i����x *f'r,X",: 653
Date By
Aut4orizRd Siynatvr�
CITY STATE CODE
r"ww F•8225 2.6.66
-
CUSTOMER COPY f31
TERMS AND CONDITIONS OF RENTAL
- 1. SERVICE: -
Until this rental contract shall be terminated far Ibe pateays et time, cancellation or by the exercise by lows of eta o 0 ties Purchase the teased equipment NCR shall without
additional charge to Lessee temedy say defer asullGp hom defective workmanship « material or from normal one and wear, NCR shall la addition fureish such Inspection and
oclivOmenf service as is required by its standard maintenance contract opFIicable to squipment of the dau and model loud benundcr, Each seeks chat bs provided by NCR
during the daytime and sventaq butlneu hours axduding Sundays and ho flop et NCR's elfiee or wrviu depof Servicing such equipment. Leues agrees to pay NCR's regular -
rsPair charges for repairs made necessary by lessee's rtglige ice, by misuse et told equipment or because of any unsulhorited work on said equipment. If Lessee desires such . .
Service after midnight and before 11:00 A.M of the reed succeeding business day, on Sunday or ranka holiday, Lessee shall ay NCR's standard extra charge for such service. If
Lessee desires such Service regularly during any of such periods a separate agreement for such tama must ba executed by the parties, With respect to the leased equipment NCR - ..
" will, it requested by Louts, without additional charge, ender assistance to Leno in training operators hired by Lessee, In designing forms and in devising system applications.
2. COMMENCEMENT OF LEASE TERM:
'. - • The term of this lean shall commence upon delivery and Installation of the teased equipment.
3. SERIAL NUMBERS AND OPTION PRICE:
The equipment delivered to leveth e shall be hs accordance with the description set forth on the reverse hereof on e daft Leases executes this least agreement.. NCR may of "I
time Insert on the reverse hereof of the place provided the "option price,' "salable category" and strkl numbers) of the equipment when ascertained. The "option price" and
the conformance of equipment delivered with that described shall be based on NCR's U. S. Price Ulf.
4. WARRANTY: ' ..
In the event Lessee sf the time of the necution hereof makes a deposit for purchase option and exercises ouch option at o 11me, computed from the delivery and installation of
Me loud equipment, when had the leas tquipmenl bean laiflally purehasad by LsUes NCR's Published quaranfss perled aPDliubis to sgiuipment of the type and salable
- -• category Isassd would still lair In effect, NCR, for a period equal to t e remainder of suet quarantte period, warrants the leased equipment ago rest defects in material, workman- ...,r
ship or oPeeKonaI failure from ordinary use. NCR's obligation if the equipment does sot meet these warranties is limited solely to eorreetiaq the defect or failure, without chargqq ,
during NCR's normal business hours set forth in paragraph 1 above. Lases shall pay for any repairs not covered by this warranty or any unauthistind repairs. Upon the expirstion ,
St
this warranty period NCR rill make maintenance service ova able In accordance with Its ttandasd maintenance agreement. Such agreement must be enfered into immediately upon
- - the aspiration of such warranty period.
S. INSURANCE:
-• .. Until exercise by Leases of Its option to purchase and during the Men hereof NCR shall assume and, to the extent it deems practicable, insure all risks of physical lots damage .
or destruction except the results of the willful or negligent acts of Lessee or its licenuss, invitees, agents, servants, employees and officers, including, but not by way of limitation,
the failure adequately to protect said equipment.
6. TITLE TO AND RETURN OF LEASED EOUIPMENTs
.... - Title to said equipment shall remain in NCR until Losses exercises Its option to purchase sold squiprrrenf as hereinafter provided. Upon termination of said contract by the passage
of time or cancellation, Lessee shall return said equipment to NCR In as good condition as when received, except for the effects of normal we and of loss, damage or destruction
resulting from hatards covered by NCR's insurance. -
7. TAXES:
NCR shalt pay all personal property taxes assewd and payable on the equipment until exercise by Lease of its option to purchase. Lessee as additional rental shall pay all other
faxes, license charges and fees, including by way of Illustration only, any toast, use or compensating or similar fee, assessed against NCR and shall pay when due any such faxes,
.... charges or fees suened against Lessee.
R. RENTAL CHARGES:
- The Total Monthly Rent hereunder which is defined as the sum of the Total Basic Monthly Rental and the Total Monthly Service Charges provided sea the face hereof, plus any taxes due
- -- as thereon provided, shall be paid monthly In advance beginning on the commencement of the term hereof and thereafter on the sense day of each succeeding month during said
fir w and any extension thereof, If Levee desires to be billed and M pay rental loss often than monthly special arrangements for this will be made.
9. 1 "SE OF LEASED EQUIPMENT:
'- - -1.. Total Monthly Rent Is baud upon an sight (B) hour singyle shift operation. Upon advance notice to NCR Lows may schedule extra shills of use in any cos day for a period
of not Ins Man one calendar month. Louts shall pay the /ollowing charges for such smile shift wagr. (a i6% of the Total Monthly Rent to add on additional four 4) hour shift
lb) 50% of the Total Monthly Rent to add an additional eight (1) hour shift; ic) K% of the Total Monthly Rent to add an odditional twelve (13) hour shift: (4 i00� of the Thal
Monthly Rent to add an additional tisteen I14) hour shift. The Total Monthlfy Rent shall sot be increased because of an increase in we when such increase is only occasional or
results from an emergency or from the equipment being unavailable for use, unless such unavailability results from Lessee's negligence or willful ach.
~10. SPECIALLY CONSTRUCTED EQUIPMENT:
Levee agues that such equipment as is indicated on file face hereof to be specially constructed is in fact built to Its particular requtremeeh and Is not constructed according
to NCR's standard production models,
11. SUPPLIES:
All supplies including papet rolls sod ribbons, shall be furnished at Lessee's expense, except that NCR shall, without additional charge to Lessee furnish and tastall ribbons,
except MRA ribbon, If needed, at the time of NCR's periodic Inspections. Periodic Inspections shall ber made In accordance with NCR's established maintenance policy for
said equipment
12. DEFAULT:
NCR may terminate this contract and take possession of said squiprtent forthwith upon Lessee's failure to pay any rent when due, upon the breach of an of the other terns or conditions
hereof, or it a sale or a mortgage of the equipment be made or attempted or If without NCR's consent, a removal of the equipment from the any
of roe, to specified on the
face hereof, be made or attempted, or if any distress, execution, or aftachmenl be levied hereon or upon Said equipment or such action be attempted, or upon intervention
- -- of lbankruptcy or receivership, or upon the execution by the Levee of a deed of Must or assignment for the benefit of creditors or any other transfer or assignment. In the want
this contract is terminated because of a Mfal default by lessee, Lows *gross to pay NCR as liquidated damages an amount whicle when added to the payments previously received -
hereunder by NCR will equal the total payments due NCR during the first twelve months of the term hereof except that as to any specially eonxtrucfa equipment NC II shall be
t.:. entitled to an amount equal to tweaty-four month's payments on account of that equipment. The provision for liquidated damages herein shall not be regarded as a waiver by NCR of any other rights to which it may be entitled to the event of Lessees default whet or the same be total or only partial,
J. TERMINATION:
. - Lessee shall have the right to terminate Mil contract *a ninety (90) dap prior written notice to NCR provided Lessee has, or will have by the effective daft of such notice, paid
not less than twelve matith's Total Monthly Rent plus taxes, and with respect to specially constructed equipment not less than tweefydour month's Total Monthly Rent, plus taxes. Upon
-" spiration of the term hereof, this contract shall automatically be extended at the same Total Monthly Rent, last allowances and plus taxes, if any, and extra shift use charges, if any,
until frmnation by either party on ninety (90) daTs prior written notice, Upon termination without cause, the obligation to pay rent shall continue until written notice of termination -
has been ncsired by NCR or Leases, as appropriate.
14. SITE PREPARATION AND TRANSPORTATION:
Laws shall, at his own expense, prior to delivery el said equipment, furnish and prepare specs and access thereto, for the Installation of said equipment, together with any special
machinery required to place If in the space so furnished and prepared. Leases agrees to pay, in addition to the natal eherges u} forth, s sons InigM chergc of fhc efs Mated for
.... ...... - ... .. . «. 4
equipment of the type leased in NCR's published Zone height Charge Schedule Is sites/ en the dale of delivery and installation of the leased equipment. Such charge shall be -
Iaro iced and paid with the first rental payment duo hereunder. Upon cancellation or other termination of this contract except on exercise by Losses of its option to purchase. Lessee
alsoaas to pay this unit charge or that charge then in effect at the time said equipment is returned to, NCR. AU packing and shipping shall be In accordance with NCR's
•- --'-'-• - Spec cations.
15. ALLOWANCES:
NCR shall credit Levee monthly with a portion of the total trade-in atlowance(s))ff any Is stated on the face hereof, against the Rade Monthly Rental Charge as in this paragrapfi
provided. Such monthly credit shall *of exceed 20% of the Bask Monthly Rentall arge and shall not be applied In a lesser period than thirty-six (34) months. Such credo shall be
dependentt-upon lessee releasing to NCR the equipment for which such allowance is given of or prior to the Installation of the leased equipment. Lessee walit all remain(nqq
rnased trade-in allowance credit, if any, if fh;s leas terminates or b cancelled prior to the expiration of thirty-six months from the commencement of the tam bereof. Myy each
waived allowance shall reduce Lessee's obligation to pay liquidated damages as above provided. Should Said contract be terminated by Lessee under circumstances which eta not
entitle NCR to liquidated damages, any remaining and uncredited trods-in allowance shall be held by NCR for a period of one (1)
s Isar thetafter, during which time Lessee may
apply such crema d;t, on the Sams ters herein stated, to the rental of other equipment or purchase of other NCR equipment apray dad in NCR's published price list, otherwise
.. _ such 4flowance credit shall be retained by NCR.
16. ADVANCE RENTAL DEPOSIT;
The advance rental deposit noted an the face hereof shall be applied toward the fib, 101h, lith and 12th, ortlth and 12th subsequent months' rental as appropriate. In the event
Said contract It cancelled under circumstances entitling NCR to liquidated damages any unusad portion of such advance ran of deposit shall reduce %a amount of such damages to -
which NCR 6 entitled.
17. SPECIAL SERVICE CHARGE:
Special Service Charge, if any, Indicated on the face hereof, is payable in addition to the established Basic Monthly Rental Charge with respect to all equipment used of a location •-
more than ten miles beyond the corporate limits of a City or Town in which an NCR Office or Service Depot h located.
1E. ALTERATIONS:
Lessee shall permit ao aiferafloas to be made to Said equipment, during the existence of this teats except as hereinafter prorlded: (a) NCR may at its sale discretion, make such
changes or additions to Said equipment as ors embodied In its then current models. (b) NCR may, at Its sole discn/ton of anytime while trim contract Is In effect, nptecc'
equipment with other NCR equipment of the Same model and of the same or lesser age and use. In the event of such repyacement this lease shall be appropriately amended.
19. OPTION TO PURCHASE WITHOUT PAYMENT OF DEPOSIT FOR PURCHASE OPTION:
Lessee may, of any time during the term hereof purchase the leased equipment or any of if without warranty except as to title and description by giving notification to NCR,
either written w verbal, of such Intent and by Sit ing the option price stated on the face hereof, or determined pursuant to paragraph 3, above, less depreciation at the rah
of 10% per year (.rely, per month) for each month of the term hereof for which all sums due hereunder have been paid. Provided, however that the total depreciation which Lessee
may apply toward reduction of the option price shall not emceed an amount equal to 20% of such price. lessee shall also receive credit for any uncredited used equipment -
- allowance Vov;dad the total such allowance shall not exceed 30% of such price, and for such percentage of the payment% made for state or local Sales, use or eompenseting tax
however imposed• at may be permissible. Upon exercise of Me option stated in this paragraph Lessee shall be entitled without any overhaul charge to enter into NCR's standard
naintenanee confect- Such maintenance contract shall be executed by Lessee without delay.
20. PAYMENT OF DEPOSIT FOR OPTION TO PURCHASE:
Lessee. having at the accuf;on hereof paid the purchase option deposit shown on the face hereof, may of anytime within two (2) years from the commencement of the form hereof.
but not alter Said period, purchase any of the leased equipment by paying of the Option price set forth on the face hereof, for'
determined as provided In paragraph 3 above less`
credits as hereinafter provided. Upon the esccution of this option, Lessee thsll be entitled to credit against such price for the percentage specified on the face hereof of the pay- -
_ mints Variously made on account of the Basic Monthly Rental Charge and shall receive full credit for the payment of tla Deposit for Purchase Option of forth on the face hereof,
- for any uncredited trade-in allowance, provided that the total credit allowed for equipme of trade-in shall not emceed 307 of such Option Price, and for Such percentage of the
- pa meal% nude I« slate or local Sales, use or compensating tax, however Imposed, as maybe p
e
r
missible• NCR may retain an rental credit, except as otherwise provided herein. '
N4R may also stain the lull amount of the Deposit for Purchase Option made b Lessee should Lessee fail to aerciu the opfroe to purchase within the specified time limit, and
any trade-in allowance credit, as provided in paragraph 15, above. Lasses shall �a entitled to warranty service at provided in paragraph 4, above, If this option Is exercised prior
to the aspiration of the warranty misled in paragraph 4, above, ,
21. AUTHORITY OF AGENTS:
No agent, employes or represeetative of NCR has any authority to bind NCR to any affirmation, representation of warranty eonihrninq the geode teased coder the contract, and
unless an affirmation, representation or warranty made by an agent, employee or representative Is specifically Included within this written agreement. It shall not be enforceable.
by the Leases.
22. GENERAL PROVISIONS:
This lease is subject to acceptance by NCR In writing and notice of Such acceptance is waived. This lease contains the entire ogroemenf between Lessee and NCR and shall motbe
cancelled, revoked or modified areas# by written agreement and all representations as hsrsiosbovo provided or by written agreement of both parties hereto.
e,
THE NATIONAL CASH REGISTER COMPANY
® DAYTON, OHIO 45409 '
INITIAL USE CHARGE RIDER
TO FULL SERVICE EQUIPMENT RENTAL CONTRACT
NCR REFERENCE NO. AMENDMENT
OF RENTAL CONTRACT NUMBER
CUSTOMER RIDER
NAME t ' DATE
i co[ro[ATI°es STREET ADDRESS
M111e ►LAC[ e► ; q " fl r r'";:'•' 1 �"
rrsu[ss oe ■[sls[Ilc[
Aroens or r[o. CITY COUNTY STATE ZIP
rn[fo■ o[ rA[a[es T _r ! r;i T,,t;, CODE
STREET ADDRESS
FOR USE AT ( [ tti.T I, n 1.�i T Y
CITY COUNTY STATE ZIP
T.T, _ ;lr'i; CODE
. The undersigned Lessee, who has on 19 ' ' executed a rental contract for equipment to be rented from NCR bearing the above reference
number and at or after said date has executed the amendment (if any) referred to above agrees to pay NCR as an Initial Use -Charge, in addition• so the Rental Charges
specified in said contract and amendment(s) the sum computed below for those items set forth hereunder which are provided by NCR for lessor's special use or particular
need, and for those items which are incidental to the rental of said equipment, but are not otherwise available for rental:
FEATURES OR ACCESSORIES NOT AVAILABLE FOR RENTAL
MODEL IqO. OR SIZE
LIST PRICE
TOTAL ; +' rV}
i SPECIAL CONSTRUCTION
DESCRIPTION OF SPECIAL CONSTRUCTION CHARGE
r
TOTAL
STATE TAX ( %)
❑ CITY ❑ COUNTY TAX (
.,TOTAL INITIAL USE 'CHARGE r4 • ^r
! The above initial use charge is not to be refunded to lessee except as herein provided. Such charge includes all applicable taxes not otherwise provided far in said,rental
(• contract. or amendment. Upon execution of the option• to purchase under the formsandconditions of said lease, lessee shall have credit for such charges in determining the
�..' .:.;additional amount to,be paid by lessee in the execution of said option..ln the'event this rider or said lease it not acceptable to NCR, the, amount paid hereunder shall be
irefunded.
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CITY STATE CODE
,••••° F•8228 2a-66 NCR
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