Loading...
HomeMy WebLinkAboutHIGH LINE CORPORATION 1F -2013A-2013-035 DAM this 2n' day of January, 2013 SIXTH AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT 9980603 S between: HIGH LINF. CORPORATION Y� 145 Renfrew Drive, Suite210 Markham, Ontario L3R 9R6 Canada (hereinafter referred to as HIGH LINE) and: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92702 USA ' (hereinafter referred to as CUSTOMER) V Parties entered into certain agreement entitled "Program License & Service Agreement #980603" dated .June 22, 1998- hereinafter referred to as "Program and Service Agreement", for the provision of various computer program licenses and software modules. The Parties subsequently executed amendments dated April 3, 2000, May 3, 2001, .January 19, 2006, January 12, 2009, and May 17, 2010 hereinafter referred to as "Program and Service Amendment #I, 42, 43, #4 and #5" respectively. The parties now desire to again amend said Agreement in order to migrate ePersonality Payroll Fax "Fables from Vertex to Symmetry. This document when duly signed by both parties will constitute an Agreement Amendment to the original agreement and amendments stated above. When in conflict with the original agreements, the terms and conditions of this Agreement Amendment shall prevail. PART I - TERMS AND CONDITIONS HIGH LINE agrees to provide the CUSTOMER a non-exclusive and non -transferable perpetual license for the right to use the Symmetry Tax EngineINI ("SIT") a state, local & federal tax withholding calculation module with ePersonality as covered by this Agreement: Licensed Software License Fee Annual Support Service Sym nary Fax Engine (the "S'FE") includes US Federal, State and Local Withholding Tax No Charge $5,490 Calculations, US Multi -State Withholding & US Employers Taxes/Costs— 1 vaat I ` •tit} 1 1 " Total $5,490 t This is the prevailing rate ut time or Agrcemeot prcp'aru(iou. (a) Where the Licensed SolWare is used in respect of the records )I Activc t:mployces. such Use shall not exceed the Maximum Act ivc I JupIoycc AaIOnnt III ca in meet (unless Supplemental License and Annual Supporl Sereice Fecs have been paid). CUS IOMER shall be deemed to have the right to use the S'LF.; CUSTOMER will not decompile, reverse engineer or comprehensively copy the STE, data from the S'fE, or sell the STE or data there independently from the STE. I IIGH LINE agrees to provide Licensed Software Support and Maintenance services to CUSTOMER to coincide with and under the terms of the current Annual Service Agreement, #{980603 (A-98-099A) and as amended. HIGH LINE will provide CUSTOMER interim updates reflecting tax rate and formula changes on a timely basis when made available by US Federal, State, and Local taxing agencies. HIGH LINE; represents that it is authorized and licensed to distribute Symmetry tax engine software, rates and data to CUSTOMER and only those license and support fees stated herein are required to use such software and data. HIGH LINE shall hold harmless and defend CUSTOMER from any claims from SYMMETRY SOFTWARE, its contractors or agents, for CUSTOMER's use of Symmetry Software products provided by I IIGH LINE under this agreement. Payment terms: Annual Support Service fees — I" year fee will be the current Support Service I ec prorated from the Expiration Date of CUSTOMER'S Vertex Annual Service Period (January I, 2013) to the Expiration Date of CUSTOMER'S current Annual Service Period with HIGI I LINE (March 31, 2013); Due Net 30 upon receipt of invoice. Subsequent year's Fee shall be added to the terms of CUSTOMER'S Annual Support Service renewal invoice with HIGH LINE. HIGI I LINE; shall provide CUSTOMER with a schedule of fees in the form of an invoice not less than forty -live (45) days prior to the Expiration Date. Support Services Fees are due and payable annually in advance ofthe Service Period. In Witness whereof the parties have executed this Agreement as of the effective date stated herein. HIGH LINE O PO ION CITY OF SA A PER: _ PER: _ NAME: Karl icmuller NAME: ©t PC V- 11 FLF,: President & Chicf Executive Officer 3- TI YLE: DATE: ATTEST: av� 0 Ili Maria D. Huizar, Clerk o is Council APPROVED AS TO FORM: Sonia R. Carvallhhoo,City Attorney By: Lisa Storck, Assistant City Attorney 2 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Gowmment Code Section 6103. Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II1111i111111111111111111111111�111111111�11111111111111�11111111111111111 NO FEE * $ R 0 0 0 5 9 8 7 4 7 2 8* 2013000389562 9:32 am 06/27/13 217 414 E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Cancel TaMea Appmwd AS TO Fonn 6Y Airy. Approwtl By OesulDEon 13.tl1llpn A.P. Number RAVMap Number Projetl Dire r Wnllen BY Cherketl.O Number 398-311-10-14 1 V.W.S. A.C. 398-311-17-1 NE 359 EASEMENT DEED Deed No. 8403 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Santa Ana Station District Housing Partners, L.P., a California Limited Partnership Does Hereby Grant to THE CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: An exclusive subsurface, non-exclusive surface easement for public utilities purposes as described in Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit"B" attached hereto and by this reference made a part hereof. A transverse private n domestic water service lateral and an irrigation water service lateral, and longitudinal stormwater drain pipe, are all permitted within the easement area per the city -approved utility plans for the Santa Ana a >,-6 Station District Phase 1 project. J > For: Santa Ana Station District Housin ners, liornia Limited `ao mry Partnership Dated: By, vN m STATE OF CALIFORNIA )as. W I LZIAR A, A/ / r 7 G COUNTY OF 0lra 22yE 1 Print Name On M O rcy% 2'�; 1 2.A 1'�11 before me, GGax \ P• TP& ilQiniary P, W 1 C By. personally appeared �bl i ll1 rS y A N. Vt i�e_ Print Name who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/sre.subscribed to the within Instrument and acknowledged to me that he/ah&%W executed the same in his/herAtI& authorized Capacity(4esl, and that by his/herdheir signature(c) on the instrument the person(s) or entity upon which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d official seal. Signature (Tole area br Deem nourlal zeop GAIT P. FEE Commission N 1917108 Notary Public - California Orange County My Comm. Ex Tres Jan 10, 2015 + H N-2013-035 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the easement deed dated March 25, 2013 from Santa Ana Station District Housing Partners, L.P., a California Limited Partnership, to the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. �i /6 /70 (=3 Dated Dated For7c4e��, anta Ana: By: Interim ity Manager Kevin O'Rourke Attested By: By: colja� --, . /k'l e✓ City Clerk Maria D. Huizar UW600N Ea me IAccepte ceCen AC CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Santa Ana On this 8th day of May, 2013, before me, Maria D. Huizar , Notary Public, personally appeared Kevin O'Rourke who proved to me on the basis of satisfactory evidence to be th" n/persons whose rraf1e/names ig7are-subscribed to the within instrument and acknowledged to me that bie/shg/they executed the same in(fiWh�T/their authorized city/capacities and that by We/her/their egn ture/sigitatures on the instrument the pgrsof�(persons, or the entity upon behalf of -which the Aerwa1/persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL LaCommission M 1974202 r Notary Public - California Orange County M Comm. Ea 'res Apr 5, 2016 CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) _ ❑ Corporate ❑ Officers Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: Witness my hand and official seal. �—�CLv"-z ;�). l-�'i 4Y Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: SANTA ANA STATION DISTRICT HOUSING PARTNERS L.P. TITLE OR TYPE OF DOCUMENT: EASEMENT DEED NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: EXHIBIT THE NORTHEASTERLY 5.00 FEET OF PARCEL 1 OF LOT MERGER NO. 2011-06 RECORDED NOVEMBER 14, 2011 AS INSTRUMENT NO. 2011-576807, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEAST LINE OF SAID LOT 1, NORTHWEST A DISTANCE OF 364.00 FEET; THENCE ALONG THE MOST NORTHERLY LINE OF SAID PARCEL 1, NORTHWEST A DISTANCE OF 7.07 FEET; THENCE SOUTHEAST ALONG A LINE PARALLEL WITH AND DISTANT 5.00 FEET FROM SAID NORTHEAST LINE, A DISTANCE OF 372.09 FEET TO A POINT IN THE MOST SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTHEAST A DISTANCE OF 5.88 FEET TO THE POINT OF BEGINNING. CONTAINS 1,840 SO. FT., OR 0.042 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS AND OTHER RIGHTS OF RECORD. AS SHOWN EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, THIS DESCRIPTION WAS MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. ENGINEERISURVEYOR ti�c���Q -cl PREPARED UNDER THE SUPERVISION OF: s N"o. 3520 XP /210 MNCENT W. SCARPA I R.C.E. 33520 DATE 91f OF CA1.\F�`��\p LICENSE EXP. 06/30/2012 SHEET 1 OF 2 ® 27156 BURBANK ' FOOTHILL RANCH, CA92610 CONSULTING, INC. T.949.916.3800 PUBLIC UTILITIES EASEMENT BY:M2 DATE:12-08-11 CIVIL ENGINEERING F.949.916.3805 LEGAL DESCRIPTION SCALE: NONE LAND PLANNING & SURVEYING WWW.CVC-INC.NET SCALE: 1" = 80' �1P EXHIBIT B PARCEL 1 LOT MERGER 2011-06 INST. NO. 2011-576807 LINE TABLE LINE DISTANCE Lt 18.0, L2 24.1' L3 24.0' L4 23.9' L5 18.7' L6 22.4' L7 1 2 0' LS 5.88, L9 7.07' 6L9 \ 301.1' SIXTH STREET DENOTES EASEMENT AREA UEKp�6/3'0 SHEET 2 OF 2 ' NOR" P7156 BURBANK FOOTHILL RANCH, CA92610 SKETCH TO ACCOMPANY BY:M2 DATE:12-08-11 CONSULTING, INC. CIVIL ENGINEERING T.949.916.3800 F.949.916.3805 LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT SCALE: AS SHOWN LAND PLANNING & SURVEYING WWW.CVC4NC.NET