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HomeMy WebLinkAboutCAG2022-055 - Amendment - The Huntington National Bank - Riverbend Golf Cart Use & Lease Agreement - 05/13/2022 Amendment to Contract Amendment_Contract ver. 6.09.2014 444469 S 5/2/2022 2:49 PM Date: May 2, 2022 The “Contract”: Lease Number 008-0742593-102 Dated April 16, 2021 “Lessee” City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032 “Lessor” The Huntington National Bank, 1405 Xenium Lane North (PCC180), Plymouth, MN 55441 All capitalized terms used but not defined in this Amendment shall have the meanings set forth or referred to in the Contract. Upon execution of this Amendment by Lessee and Lessor, the Contract is hereby amended as follows: The Rental Payment section set forth in the Lease is amended and restated to read: "During a 48 month term that shall be based on the date Lessor pays the Equipment Supplier, a monthly payment of $824.41 (the "Standard Payment") is due beginning May through December of 2022 and each March, April, May, June, July, August, September and October thereafter until a total of 34 Standard Payments have been made. A payment of $0.00 is due each November, December, January and February of 2023 and thereafter for a total of 14 $0 Payment Months. The Total Number of Rental Payments includes both the Standard Payment Months and the $0 Payment Months. The first due date for a "Standard Payment" will be determined by Lessor once it pays the Equipment supplier and the Lessee has provided a written acknowledgement of its acceptance of the Equipment. Except as specifically amended herein, all of the terms and conditions of the Contract shall remain in full force and effect and are hereby ratified and affirmed. This Amendment dated as of the date first set forth above shall not be effective until signed by Lessor. Lessor: The Huntington National Bank By: __________________________ Title: ____________________ Lessee: City of Kent, Washington By: __________________________ Title: Pete Petersen, General Manager DocuSign Envelope ID: 2F812E44-D610-407A-91F7-CB1F4758FB31 Muni_Lease_Incumbency v.01.12.17 444469 S 4/25/2022 2:11 PM 1 CERTIFICATE OF INCUMBENCY LEASE NO. 008-0742593-102 DATED AS OF April 16, 2021 I, __________________________________________, do hereby certify that I am the duly elected or appointed and acting Clerk/Secretary of City of Kent, Washington (the "Lessee"), a political subdivision duly organized and existing under the laws of the State of Washington, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. In addition to the certification provided below, the undersigned certifies that all Certificates of Incumbeny previously delivered to The Huntington National Bank (“HNB”) in connection with the Lease referenced above remain valid, and HNB can continue to rely on such certficates. NAME TITLE SIGNATURE IN WITNESS WHEREOF, I have duly executed this certificate this _____ day of ___________________, 20____. Signed: Title: NOTE: The Clerk or Secretary of the Lessee should sign unless that person is also the signor of the documents in which case the President or some other Officer of the Lessee should execute this document. DocuSign Envelope ID: 2F812E44-D610-407A-91F7-CB1F4758FB31 Golf Course ManagerPete Petersen Dana Ralph Mayor May 2022 Kim Komoto City Clerk 13th Certificate Of Completion Envelope Id: 2F812E44D610407A91F7CB1F4758FB31 Status: Completed Subject: Please DocuSign: Amendment & Incumbency - City of Kent, Washington - 102.pdf Source Envelope: Document Pages: 2 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Amy Kuester AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1405 Xenium Lane N Plymouth, MN 55441 akuester@financediv.com IP Address: 170.128.39.30 Record Tracking Status: Original 5/11/2022 1:03:48 PM Holder: Amy Kuester akuester@financediv.com Location: DocuSign Signer Events Signature Timestamp Pete Petersen rpetersen@kentwa.gov Golf Course Manager Security Level: Email, Account Authentication (None), Access Code Signature Adoption: Drawn on Device Signed by link sent to rpetersen@kentwa.gov Using IP Address: 146.129.252.126 Sent: 5/11/2022 1:12:01 PM Viewed: 5/12/2022 2:54:42 PM Signed: 5/12/2022 2:55:33 PM Electronic Record and Signature Disclosure: Accepted: 5/12/2022 2:54:42 PM ID: 41a45d5d-4b5a-4ab4-87b4-99fc6477da36 Company Name: The Huntington National Bank Dana Ralph DRalph@kentwa.gov Mayor Security Level: Email, Account Authentication (None), Access Code Signature Adoption: Pre-selected Style Signed by link sent to DRalph@kentwa.gov Using IP Address: 146.129.252.126 Sent: 5/12/2022 2:55:34 PM Viewed: 5/13/2022 1:28:27 PM Signed: 5/13/2022 1:28:51 PM Electronic Record and Signature Disclosure: Accepted: 5/13/2022 1:28:27 PM ID: d709f2c0-080f-485f-a4aa-068bb6da265f Company Name: The Huntington National Bank Kim Komoto KKomoto@kentwa.gov City Clerk Security Level: Email, Account Authentication (None), Access Code Signature Adoption: Pre-selected Style Signed by link sent to KKomoto@kentwa.gov Using IP Address: 146.129.252.126 Sent: 5/13/2022 1:28:52 PM Viewed: 5/15/2022 8:05:05 PM Signed: 5/15/2022 8:06:09 PM Electronic Record and Signature Disclosure: Accepted: 5/15/2022 8:05:05 PM ID: 82d82899-2827-4834-b656-d33bcd78d404 Company Name: The Huntington National Bank In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Phung Huynh PHuynh@kentwa.gov Security Level: Email, Account Authentication (None) Sent: 5/15/2022 8:06:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ronald Lashley RLashley@kentwa.gov Security Level: Email, Account Authentication (None) Sent: 5/15/2022 8:06:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tammy White TWhite@kentwa.gov Security Level: Email, Account Authentication (None) Sent: 5/15/2022 8:06:11 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Philip Veerman philip.e.veerman@huntington.com Security Level: Email, Account Authentication (None) Sent: 5/15/2022 8:06:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/11/2022 1:12:01 PM Certified Delivered Security Checked 5/15/2022 8:05:05 PM Signing Complete Security Checked 5/15/2022 8:06:09 PM Completed Security Checked 5/15/2022 8:06:12 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Huntington National Bank (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/24/2022 1:56:28 PM Parties agreed to: Pete Petersen, Dana Ralph, Kim Komoto Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Huntington National Bank: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: customerservice@financediv.com To advise The Huntington National Bank of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at customerservice@financediv.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Huntington National Bank To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to customerservice@financediv.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Huntington National Bank To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to customerservice@financediv.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify The Huntington National Bank as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by The Huntington National Bank during the course of your relationship with The Huntington National Bank.