HomeMy WebLinkAboutCC Resolution 8342 (Portable Classroom)RESOLUTION NO. 8342
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on
behalf of the City of San Rafael a contract, lease or agreement
with
Doupnik Manufacturing, Inc. for the Lease/Purchase of a
portable classroon for the Glenwood School, including Addendum
a copy of which is hereby attached and by this reference made a
part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a Reqular meeting of
the
City
Council of
said City
held on
Tuesdav
the 19th
day
of
February
, 1991
by the
following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mulryai
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
JE �. 1-240NI, CITY CLERK
O'ff;
ll��t
saNz
LEASE WITH OPTION TO PURCHASE #90-167
This LEASE WITH OPTION TO PURCHASE ("Lease") is dated as of
February 19, 1991, and is by and between GARY DOUPNIK MANUFACTURING,
INC. ("Lessor") and CITY OF SAN RAFAEL ("Lessee").
RECITALS:
WHEREAS, the Lessee deems it essential to acquire the property
described herein for its own public purposes; and
WHEREAS, it is intended that this Lease be treated as a tax-exempt
obligation of the Lessee for federal income tax purposes; and
WHEREAS, the Lessee and Lessor agree to mutually cooperate now or
hereafter, to the extent possible, in order to sustain the intent of
this agreement and the bargain of both parties hereto.
WITNESSETH:
NOW, THEREFORE in consideration of the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby
leases and hires from Lessor all property (hereinafter referred to as
"Property") described in the schedule or schedules (hereinafter
referred to collectively as "Schedule") executed by the parties
concurrently herewith or hereafter and made a part hereof.
2. TERM. The term of this Lease respecting each item of
Property commences and terminates as of the dates designated in the
respective Schedule.
3. COVENANTS OF LESSEE: Lessee represents, covenants and
warrants to Lessor that:
(a) Lessee is a political subdivision of the State of
California with the power and authority to enter into this Lease.
(b) Lessee's governing body has duly authorized the
execution and delivery of this Lease and further represents and
warrants that all requirements have been met and procedures followed
to ensure its enforceability.
(c) The Property being leased is essential to the Lessee in
the performance of its governmental functions and its estimated useful
life in the Lessee's possession exceeds the term of the Lease.
(d) Throughout the term of the Lease, the Property will be
used for performing one or more governmental functions consistent with
the permissible scope of Lessee's authority and will not be used in a
trade or business of any person or entity other than the Lessee except
for uses by community services organizations as prescribed in the
Education Code.
CO�Yi
(e) Throughout the term of the Lease, Lessee will take such
action as may be necessary to include Lease payment obligations in its
annual budget and to make reasonable and diligent efforts to annually
appropriate lawfully available revenues in an amount sufficient to
make the annual Lease payments as they fall due.
(f) Upon Lessor's written request, Lessee will provide
Lessor with current financial statements, budgets and proof of
appropriation for each fiscal year.
(g) Lessee shall take necessary steps to comply with
federal laws and regulations relative to preserving the tax-exempt
status of this Lease including, but not limited to, the requirements
set forth in Section 26 herein.
4. RENT. LESSEE SHALL PAY LESSOR RENT IN THE AMOUNTS AND AT
THE TIMES SET FORTH IN THE SCHEDULE, AT THE OFFICE OF LESSOR OR TO
SUCH OTHER PERSON OR AT SUCH OTHER PLACE AS LESSOR MAY FROM TIME TO
TIME DESIGNATE IN WRITING. An invoice confirming the amount of rent
due, the payment date and the address of the payee shall be mailed to
the Lessee forty-five (45) days in advance of each rental due date.
Subject to the section of this agreement entitled "EARLY TERMINATION",
the obligation to pay rent will be absolute and unconditional in all
events, and will not be subject to set-off, defense, abatement,
reduction, counterclaim, or recoupment for any reason whatsoever.
Should Lessee fail to pay any part of the rent herein reserved within
fifteen (15) days from the due date thereof, Lessee shall be in
default hereunder, and upon Lessor's written request, Lessee shall pay
interest on such delinquent payment from the date said payment was due
until paid at the legal rate of twelve percent (12%) per annum or the
maximum legal rate, whatever is less. Lessee shall pay rent
exclusively from legally available funds, in lawful money of the
United States of America to Lessor or, in the event of assignments by
Lessor, to its assignee. The obligation of Lessee to pay rent
hereunder shall constitute a current expense of Lessee and shall not
in any way be construed to be a debt of Lessee in contravention of any
applicable constitutional or statutory limitations or requirements
concerning the creation of indebtedness by Lessee, nor shall anything
contained herein constitute a pledge of the general tax revenues,
funds or monies of Lessee.
5. USE. Lessee shall use the Property in a careful and proper
manner and shall comply with and conform to all national, state,
municipal, police, and other laws, ordinances, and regulations in
anyway relating to the possession, use, or maintenance of the
Property. If, at any time during the term hereof, Lessor supplies
Lessee with labels, plates, or other markings stating that the
Property is owned by Lessor, Lessee shall affix and keep the same upon
a prominent place on the Property.
6. ACCEPTANCE. Lessee shall acknowledge receipt and inspection
of the Property by executing a Certificate of Acceptance.
7. LESSOR'S INSPECTION. Upon forty-eight hours prior written
notice, Lessor shall at any and all times during normal business hours
have the right to enter into and upon the premises where the Property
is located for the purpose of inspecting the same or observing its
E
use. Lessee shall give Lessor immediate notice of any attachment or
other judicial process affecting any item of Property.
8. ALTERATIONS AND ATTACHMENTS. All additions and improvements
that are made to the Property shall belong to and become the property
of the Lessor except that separately identifiable attachments added to
the Property by the Lessee may remain the property of the Lessee as
long as (i) the attachment is paid for in full by the Lessee and (ii)
the Lessee agrees to remove the attachment and restore the Property to
its original condition if and when the Property may be returned to the
Lessor.
9. RELOCATION. Lessee shall not relocate the Property without
the prior written consent of the Lessor which will not be unreasonably
withheld. The Lessee assumes all risks of loss to the Property
attendant to its movement and relocation. The location of the
Property shall at all times during the term of the Lease be subject to
the full control of the Lessee for its governmental purpose.
10. REPAIRS. Lessee, at its own cost and expense, shall furnish
all labor and materials to maintain the Property in good repair,
condition, and working order. Lessee's obligation to maintain the
Property does not relieve the Supplier of its responsibility to fully
perform with respect to all applicable Property warranties and
guarantees.
11. LOSS AND DAMAGE. Lessee hereby assumes and shall bear the
entire risk of loss and damage to the Property from any and every
cause whatsoever. No loss or damage to the Property or any part
thereof shall impair any obligation of Lessee under this Lease which
shall continue in full force and effect.
12. INSURANCE. Lessee shall keep the Property insured against
all insurable risks of loss or damage from every cause whatsoever for
not less than the full replacement value thereof as determined by
Lessor, and Lessee shall carry public liability and property damage
insurance covering the Property. All said insurance shall be in form
and amount and with companies approved by Lessor and shall name Lessor
as an additional insured. Lessee shall pay the premiums therefore and
deliver certification of said policies to Lessor. Each insurer shall
agree, by endorsement upon the policy or policies issued by it or by
independent instrument furnished to Lessor, that it will give Lessor
thirty (30) days' written notice before the policy or policies shall
be altered or canceled. The proceeds of such insurance, at the option
of Lessee, shall be applied: (a) toward the replacement, restoration,
or repair of the Property, or (b) toward payment of the total
remaining obligations of Lessee hereunder. Should Lessee replace,
restore, or repair the Property as set out in option (a) above, this
Lease shall continue in full force and effect. Subject to prior
written consent of Lessor, Lessee may self -insure up to specified
limits as evidenced by a rider of self insurance to be attached
hereto.
13. TAXES. Lessee shall keep the Property free and clear of all
levies, liens, and encumbrances and shall promptly pay all fees,
assessments, charges, and taxes (municipal, state and federal) which
may now or hereafter be imposed upon the ownership, leasing, renting,
3
sale, possession, o. use of the Property, a luding, however, all
taxes on or measured by Lessor's income.
14. INDEMNITY. To the extent the law allows, Lessee shall
indemnify Lessor against and hold Lessor harmless from any and all
claims, actions, suits, proceedings, costs, expenses, damages, and
liabilities, including attorneys' fees, arising out of, connected with
or resulting from the Property, including without limitation, the
selection, possession, use, operation, or return of the Property.
With respect to the Lessor but not its assigns this indemnity shall
not apply as to any design, manufacturing or construction defect.
15. DEFAULT. Should Lessee fail to pay any part of the rent
herein reserved or any other sum required by Lessor to be paid by
Lessee within fifteen (15) days of the due date thereof or fails in
the performance of other terms and conditions hereof, Lessee shall be
declared in default of this Lease, and all Lessee's rights will
terminate and Lessor will become entitled to possession of the
Property, to retain all rentals previously paid and to recover all
past due payments together with interest thereon. In the event of a
default by the Lessee of a payment due hereunder, the Lessor shall
give ten (10) days written notice of intention to terminate this
Lease. Lessee shall be relieved of the default if Lessee complies
with all terms of this Lease within said ten (10) day period including
the remittance to Lessor of all past due payments together with
interest thereon at the legal rate of twelve percent (12%) per annum
or the maximum legal rate, whichever is less.
ib. CONCURRENT REMEDIES. No right or remedy herein conferred
upon or reserved to Lessor is exclusive of any other right or remedy
herein, but each shall be cumulative of every other right or remedy
given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise, and may be enforced concurrently therewith or
from time to time; provided, however, that notwithstanding any
provisions to the contrary herein, the Lessor shall not under any
circumstances have the right to accelerate the rental payments that
fall due in future rental periods or otherwise declare any rental
payments not then in default to be immediately due and payable.
17. ASSIGNMENT. Without the prior written Consent of Lessor,
Lessee shall not (a) assign, transfer, pledge, or hypothecate this
Lease, the Property, or any part thereof, or any interest therein, or
(b) sublet or lend the Property or any part thereof, or permit the
Property or any part thereof to be used by anyone other than Lessee or
Lessee's employees. Consent to any of the foregoing prohibited acts
applies only in the given instance and is not a consent to any
subsequent like act by Lessee or any other person. Lessor shall not
assign its obligations under this Lease with the exception of its
obligation to issue default notices and to convey the property title
to the Lessee upon full satisfaction of the Lessee's obligations
hereunder. Lessor may assign its right, title and interest in this
Lease, the rentals and other amounts due hereunder and the Property in
whole or in part to one or more assignees or subassigneea at any time,
without the consent of Lessee. Lessor or its assignee may also assign
all of its rights, title and interest in and to this Lease, the rental
payments and other amounts due hereunder to an agent on behalf of
owners of certificates of participation which may be issued by such
agent in this Lease. CITY shall cooperate with Lessor or its
assignee either now or hereafter by acknowledging any agreement
4
relating thereto which in no way will alter or affect the terms and
conditions of this Lease and the assignment of the Lease by
•LESSOR. No such assignment shall be effective as against Lessee
unless and until the Lessor shall have filed with Lessee a copy
thereof. Lessee shall pay all rentals due hereunder to or at the
direction of Lessor or the assignee named in the most recent
assignment or notice of assignment filed with Lessee. During the
Lease term, Lessee shall keep a complete and accurate record of all
such assignments. Subject always to the foregoing, this Lease inures
to the benefit of, and is binding upon, the heirs, legatees, personal
representatives, successors, and assigns of the parties hereto.
18. OWNERSHIP. The Property is and shall at all times be and
remain the sole and exclusive property of Lessor, and the Lessee shall
have no right, title, or interest therein or thereto except as
expressly set forth in Section 20 hereunder.
19. PERSONAL PROPERTY. The Property is and shall at all times
be and remain personal property notwithstanding that the Property or
any part thereof may now be or hereafter become in any manner affixed
or attached to or imbedded in, or permanently resting upon, real
property or any building thereon, or attached in any manner to what is
permanent as by means of cement, plaster, nails, bolts, screws or
otherwise.
20. NON -WAIVER. No covenant or condition of this Lease can be
waived except by the written consent of Lessor. Forbearance or
indulgence by Lessor in any regard whatsoever shall not constitute a
waiver of the covenant or condition in question. Until complete
performance by Lessee of said covenant or condition, Lessor shall be
entitled to invoke any remedy available to Lessor under this Lease or
by law or in equity despite said forbearance or indulgence.
21. PURCHASE OPTION. If Lessee is not in default hereunder,
Lessee shall be granted options to purchase not less than all the
Property in as -is condition on the dates and for the amounts set forth
on the Schedule by depositing with Lessor on the date of exercise an
amount equal to all rentals and other amounts then due or past due
(excluding only the rental due on the date of exercise) and the
applicable purchase option price. The scheduled purchase option
prices are exclusive of any applicable sales tax.
22. EARLY TERMINATION. Upon written notice to Lessor given not
later than thirty (30) days prior to the end of any fiscal year of
Lessee, Lessee may terminate the Lease in its entirety as of the end
of that fiscal year based solely upon the Lessee's failure to
appropriate funds for the subsequent years' rental payment(s) after
exercising its reasonable efforts to appropriate funds from any and
all of its legally available sources. Upon termination before the
full term of the Lease, Lessee, at its expense, shall redeliver the
Property to the Lessor at a location designated by Lessor within the
same county as the premises where the Property is located in as good a
condition as when received, normal wear and tear excepted. If Lessee
terminates the Lease, Lessor may retain all amounts previously paid by
Lessee and may collect and retain any amounts due and unpaid as of the
date of such termination.
23. EXTRAORDINARY COSTS. In the case of litigation, the
prevailing party shall be entitled to recover from the opposing party
all costs and expenses, including attorneys' fees, incurred by the
prevailing party in exercising any of its rights or remedies hereunder
or enforcing any of the terms, conditions, or provisions hereof.
24. ENTIRE AGREEMENT. This Lease, the Schedule, and any
agreements that specifically refer to this Lease that are duly
executed by authorized agents of the parties hereto constitute the
entire agreement between Lessor and Lessee, and it shall not be
amended, altered, or changed except by a written agreement that is
properly authorized and executed by the parties hereto.
25. NOTICES. Service of
sufficient if given personally
respective address hereinafter
party may provide in writing
mailed to such address shall be
States mail, duly addressed and
all notices under this Lease shall be
or mailed to the party involved at its
set forth or at such address as such
from time to time. Any such notice
effective when deposited in the United
with postage prepaid.
26. REPORTS/TAX COVENANTS. Lessee shall cooperate with Lessor
to comply with any and all reporting requirements that may be mandated
by agencies of the United States of America or the State of
California, including the timely filing of IRS Form #8038-G or #8038 -
GC. Lessee covenants that it will not sublease the Property or assign
the Lease in a manner that may result in the loss of federal tax
exemption on the interest income portion of each rental payment.
27. TITLES. The titles to the paragraphs of this Lease are
solely for the convenience of the parties and are not an aid in the
interpretation thereof.
28. TIME. Time is of the essence in this Lease and each and all
of its provisions.
29. LEASE INTERPRETATION. This Lease and the rights of the
parties hereunder shall be determined in accordance with the laws of
the State of California.
IN WITNESS WHEREOF, the parties hereto have caused their
authorized agents to execute this Lease on the dates specified below.
GARY DOUPNIK MANUFACTURING, INC.
3237 Rippey Road
Loomis, CA 95650
(Lessor)
"y 5k,
Title
Date
CITY OF SAN RAFAEL
1400 Fifth Avenue
San Rafael, CA 94915-0060
(Lessee)
S . a4a-'-�
LAWRENCE E. MULRYAN
Title Mayor
Date All -TIC? I
ATTEST: y
A NE M. *LENCINI
6 City Clerk
ADDENDUM TO LEASE WITH OPTION TO PURCHASE #90-167
30. ARBITRATION. The parties agree to submit any claims
arising under Lease With Option to Purchase #90-167 to binding
arbitration pursuant to the current provisions of the California
Code of Civil Procedure and any successor statutes.
Lease With Option to Purchase #90-167 shall be effective upon
the execution of this addendum by both parties hereto.
GARY DOUPNIK MANUFACTURING, INC.
3237 Rippey Road
Loomis, CA 95650
(Lessor)
BY: M ,� ` ,I .k
Title:
C'Tn�'-, l -,'
CITY OF SAN RAFAEL
1400 Fifth Avenue
San Rafael, CA 94915-1560
(Lessee)
LAWRENCE E. MULKYHN
Title: Mayor
Date: 3 Date: a//g� 9 /
ATTEST:
1z .
JAS 1Gf M. LEONCI1, City Clerk
LEASE SCHEDULE #90-167
This Schedule is issued pursuant to the Lease with Option to Purchase
dated as of November 1, 1990 by and between the undersigned.
A. Property Location: Glenwood School
25 West Castlewood Drive
San Rafael, CA 94915
B. Property Description: One (1) 24' x 40' relocatable child care
building
C. Name and Address of Supplier(s):
GARY DOUPNIK MANUFACTURING, INC.
3237 Rippey Road
Loomis, CA 95650
D. Property Cost Summary:
Property Cost: $30,000.00
Sales Tax: INCLUDED
TOTAL COST: $30,000.00
E. Lease Term. The term of this Schedule is for a period of thirty-
six (36) months and commences on the date the Lessee acknowledges
acceptance of the Property and concludes thirty-six (36) months
thereafter.
F. Payments of Rent. The lease rentals for this Schedule are due in
three (3) consecutive annual in arrears payments in accordance with
the Payment Schedule, Section G herein. Each payment includes
interest at the rate of 8.95% per annum on the unpaid principal
balance.
G.
Payment Schedule: Payable
annually in arrears.
8.95%
------------------------------------------------------------------------
PMT
Due Date Rent
Purchase
To
To
#
Option
Principal
Interest
------------------------------------------------------------------------
1
$11,842.00
$33,936
$9,157.00
$2,685.00
2
$11,842.00
$23,360
$9,976.55
$1,865.45
3
$11,842.00
$11,843
$10,866.45
$975.55
$1
------------------------------------------------------------------------
TOTALS: $35,526.00
------------------------------------------------------------------------
$30,000.00
$5,526.00
H. Purchase Option.
be made in lieu
Purchase Options
Property in "as
ments. Upon the
scheduled lease
the transfer of
encumbrances or
The Purchase Option payments scheduled above are to
of making the scheduled lease payment on a like date.
are granted to purchase not less than all of the
is" condition in consideration of the specified pay -
exercise of a Purchase Option or the making of all
payments, a bill of sale will be tendered evidencing
title to the Property free and clear of any liens,
security interest.
Approved and agreed to:
GARY DOUPNIK MANUFACTURING, INC.
(Lessor)
BY -k
Title �\-C�
Date
CITY OF SAN RAFAEL
(Lessee)
B �.
LAWRENCE E. MULR AN
Title Mayor
Date
ATTEST: ,
JE l� . LEONCII, City Clerk
ASSIGNMENT AND WARRANTY OF TITLE #90-167
FOR VALUE RECEIVED, the undersigned Assignor without recourse
does hereby sell, assign, and transfer to STEWART M. KRAKOVER & GRACE
W. KRAKOVER TRUSTEE'S KRAKOVER FAMILY TRUST DTD 09-09-87 (hereinafter
referred to as "Assignee"), and its successors and assigns (i) all of
its right, title and interest in and to the attached Lease with Option
to Purchase dated November 1, 1990 between the undersigned as Lessor
and CITY OF SAN RAFAEL as Lessee (hereinafter said lease and any
supplements, amendments, additions thereof and any extension or
renewals thereof is referred to as the "Lease"), (ii) all monies, sums
and amounts now due or hereinafter to become due under the Lease, and
(iii) all right, title and interest of Assignor in and to each item of
property described in the Lease.
Assignor represents and warrants that Assignor has good title to
the Lease and each item of property described therein; that Assignor
has made no sale or assignment except to Assignee of any interest
covered hereby, and said interest is free from liens or encumbrances;
that the Lease is genuine and in all respects is what it purports to
be; that the Lessee had full authority to enter into the Lease; that
the property described in the Lease has been delivered into the
possession of the Lessee; that Assignee shall not be liable for and
does not assume responsibility for the performance of any of the
covenants, agreements, or obligations specified in the Lease to be
kept, paid or performed by Assignor with the exception of Assignee's
obligation to issue notice upon Lessee's default of the Lease and to
convey title upon Lessee's exercise of the option to purchase subject
to the terms of the Lease. The Assignor further represents and
warrants that as of the date this assignment is made, the Lease is in
full force and effect and the Lessee is not in default of any terms
thereunder. In particular, Assignee assumes no obligation or
responsibility for maintenance of the equipment, contractor's or
manufacturer's warranties, provision for training or materials, or any
other obligations of manufacturer or of Assignor arising under the
Lease (with exception of those stipulated above) and Assignor will
keep and perform all such covenants, agreements and obligations to the
same extent as though this Assignment and Warranty of Title had not
been made.
In the event of the breach of any representation or warranty
herein contained, Assignor will upon receipt from Assignee of written
demand that it do so, repurchase the lease from Assignee or its
assigns for cash in an amount equal to all unpaid rentals due and to
become due thereunder, plus any expenses of disbursements incurred by
Assignee in connection therewith less that portion of the rentals
representing unearned interest at the lease rate from the date of
payment to the end of the Lease.
Assignor hereby constitutes and irrevocably appoints Assignee the
true and lawful attorney of Assignor to demand, receive and endorse
payments and to give receipts, releases and satisfactions either in
the name of Assignee or in the name of Assignor in the same manner and
with the same effect as Assignor could do if this Assignment and
Warranty of Title had not been made.
Assignor hereby warrants that all applicable sales and/or use tax
has been or will be paid by the Assignor to the appropriate
authorities.
Assignor hereby authorizes and directs said Lessee to make
payment direct and solely to Assignee on written notice from Assignee
to do so.
IN WITNESS WHEREOF, the Assignor has caused this Assignment and
Warranty of Title to be executed by its authorized agent on the date
specified below.
GARY DOUPNIK MANUFACTURING, INC.
(Assignor)
By
Title
Date
NOTICE OF ASSIGNMENT #90-167
GARY DOUPNIK MANUFACTURING, INC. (the "Assignor") hereby gives notice
to CITY OF SAN RAFAEL of an assignment by Assignor over to STEWART M.
KRAKOVER & GRACE W. KRAKOVER TRUSTEE'S KRAKOVER FAMILY TRUST DTD 09-
09-87, (the "Assignee") in which Assignor assigns to Assignee all of
its rights in and to the rental payments and other amounts due or
coming due from CITY OF SAN RAFAEL under that certain Lease with
Option to Purchase dated as of November 1, 1990 (the "Lease").
Assignor hereby instructs CITY OF SAN RAFAEL that all rental payments
coming due pursuant to Schedule #90-167 of the Lease commencing with
the first scheduled rental payment are to be made payable and remitted
to STEWART M. KRAKOVER & GRACE W. KRAKOVER TRUSTEE'S KRAKOVER FAMILY
TRUST DTD 09-09-87, 810 N. Crescent Drive, Beverly Hills, CA 90210.
GARY DOUPNIK MANUFACTURING, INC.
(ASSIGNOR)
By - ' Y-1
Title CITZ�
Date
ACKNOWLEDGMENT OF ASSIGNMENT
CITY OF SAN RAFAEL hereby acknowledges receipt of the Notice of
Assignment by GARY DOUPNIK MANUFACTURING, INC. assigning over to
STEWART M. KRAKOVER & GRACE W. KRAKOVER TRUSTEE'S KRAKOVER FAMILY
TRUST DTD 09-09-87 all rental payments coming due from CITY OF SAN
RAFAEL pursuant to Schedule #90-167 of that certain Lease with Option
to Purchase dated November 1, 1990 commencing with the first scheduled
rental payment. The undersigned further acknowledges the receipt of a
copy of the assignment agreement for its records.
CIT =AEL
ByL...�
J
Title
Date 0 /I 9/ 9/
r r
ATTEST:
JEANM Nk. LEONCIN , City Clerk
CERTIFICATE OF ACCEPTANCE #90-167
This Certificate of Acceptance is issued pursuant to the Lease with
Option to Purchase dated as of November 1, 1990 ("Lease") between the
undersigned as Lessee and GARY DOUPNIK MANUFACTURING, INC. as Lessor.
Lessee hereby acknowledges as of the date specified below, the
constructive receipt and acceptance of the Property described on Lease
Schedule #90-167. If applicable, specific Property identification or
serial numbers are given below or attached hereto.
Lessee hereby certifies that the Property has been inspected, is now
in Lessee's possession and is in good order and repair (subject to any
undischarged vendor/contractor warranty obligations). Lessee further
certifies that no event has occurred and is continuing which
constitutes, or would constitute, an event of default but for any
requirement of notice or lapse of time or both.
Property Acceptance Date: Mav 22 , 1991 , which shall be
the commencement date of Lease Schedule #90-167.
Identification/Serial numbers:
IN WITNESS WHEREOF, the Lessee's authorized agent confirms the
Property acceptance date specified above by executing this Certificate
of Acceptance.
CITY OF SAN RAFAEL
Lessee)
By
LAWRENCE E.
Title N!��nr
ATTEST:
-a (authorized agent)
MTILRYAN
JEAN LEONCINI,\City Clerk