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HomeMy WebLinkAbout2008-084 - Bobcat Skid LoaderBILL NO.2008-84 ORDINANCE N0.2008-84 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR LEASE-PURCHASE AND RESALE OF ONE MODEL 5300 BOBCAT SHID LOADER WHEREAS, the City of Riverside, Missouri ("City") has received a proposal ~md engaged in negotiations with K.C. Bobcat and CitiCapital Commercial Corporation for the lease- purchase and subsequent resale of one Model 5300 Bobcat Skid Steer Loader (the "Equipment"); and WHEREAS, the City, K.C. Bobcat and CitiCapital Commercial Corporation have reached agreements concerning the provision of and payment for such Equipment. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of obtaining equipment necessary for the construction and maintenance of public property. Section 2. The City of Riverside shall enter into agreements whereby CitiCapital Commer<ial Corporation shall lease the Equipment to the City at a total cost of $33,183.00, the City shall make an initial payment of $1,500.00 and another payment of $1,500.00 at the sixth month of the lease term, and K.C. Bobcat will pay the remaining lease balance of $31,552.88 at the end of the lease term and accept return of the Equipment (the "Agreements"). Section 3. The execution and delivery of the Agreements, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreements and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf' of the City, the execution of the Agreements being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~ day of , 2008. Mayor Kathleen L. Rose T ST: / ~_~~~~ - Crty Clerk RENTAL OR SALES AGREEMENT BLUE SPRINGS, MO 64015 OLATHE, KS 66061 OFFICE 2209 W. 40 Hwy / (816) 229-0006 /Fax (816) 229-7631 1220 S. Hamilton Circle / (913) 829-0600 /Fax (913) 529-1552 GRANDVIEW, MO 64030 PLATTE CITY, MO 64079 5929 E. 154th Terrace / (816) 318-9531 /Fax (816) 318-9448 801 Main I (8 t6) 431-3001 /Fax (816) 431-3002 WARRENSBURG, MO 64019 • avreion ov asanr rnenaxiEa, wa 279 NW US Highway 50 / (660) 747-3359 /Fax (660) 747-3653 ~° O ~ ~y Subject to the terms and conditions of this Order and the Terms contained on the reverse side, the following customer Order Date _ d ("Customer") purchases/rents from KCB at ("KC") the following described Equipment to be delivered on ut the F:O.B. Shipped From:_ INVOICE TO: d ~ ~~~ R ~ ~ SHIP TO/JOB LOCATION: Street Address: ~ 1116 P.O. Box ~ SHIP VIA: collect ^ City and State• I 1 ~ ~ l~ Prepaid p Customer. Ph. #: Cust. P.O, #: ^ RENTAL ^ FAIANCE n par~aFNT EQUIP NO QTY MFG . . . . MODEL EIR. METER CRB'TION SERIAL NO. PRICE 4. A f DEPOSIT: COMMENTS: . SUBTOTAL ' ~ ALLOWANCE < ~ ~ NET DDFERENCE PHYS[CAL DAMAGE WAIVER STATE SALES TAX TRADE IN DESCRIPTION: D V CITY SA[,ES TAX COUNTY SALES TAX O ~ RTD CO / CN DELIVERY /FREIGHT - UCC-I / DOCUMENTATION FEE TOTAL ~~ RENT/PURCHASE FINANCE ~ PAYMENT - RENTAL TO START AT THE RATE OF ^ NET O PER DAY/WEEK/MON1'FVFIXED MIMMUM RENTAL PERIOD - FBJANCING N DELIVERY - PURCHASE OPTIO ^ NET UPON N ^ YES ^ NO , R]?CEIPT OF ERM ~,. ~,I,E -1 A VOIC - PURCHASE OPTION PRICES ~ - PLUS SALES TAX -PAYMENT FRE U E - LENGTH OF PURCHASE OPTION TERM Q ENCY -PAYMENTS TO START - INTEREST WB.L BE CHARGED ON - FINANCE CHARGE ON RENTALS WITH PURCHASE OPTION OF ~ -AMOUNT OF DOWN PAYMENT ~ PAST DUE ACCOUNTS AT THE HIGHEST ia1WFUL RATE NOT TO PER MONTH ON UNPAID BALANCE, EXCEED 1.8% PER MONTH. Limited Ph steal Dama a Waiver PDW By your initials, you accept [he terms of the PDW INTTIAL described in paragraph 7 on the reverse side and WARRANTIF KC SELLS OR RENTS THE EQUIPMENT "AS IS " P.ND MAKES NO payment of the PDW Fee set forth above. X , WARRANTIES, EITHER EXPESS OR IMPLIED CONCERNING THE EQUIPMENT, INCLUDING, WITHOU Safet Clause Cus[omermustini[ial T LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE Customer acknowledges and agrees that (a) Customer has received all ' , MERCHANTABILITY, OR INFRINGMENT. CUSTOMER EXPRESSLY DISCLAIMS ANY RELIANCE ON OTHER STATEMENTS MADE BY KC OR ITS AGENTS manufacturers operation manuals pertaining to the Equipment, (b) Customer shall be solely responsible for the training of all com etent LIMITATION OF I IABII ITY KC'S LIABILITY ON ANY CLAIM OF ANY KIND, WHETHER ARISING p operators in and the safe and legal operation of the Equipment within its if d OUT OF CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE ARISING OUT OF CONNECT spec ie performance capabilities, (c) KC has offered the Customer inst ti i h , ED WITI-I, OR RESULTING FROM THIS AGREEMENT OR FROM THE PERFORMAtJCE OF B ruc on n t e proper use of the Equipment, (d) Customer, at its sole expense, will comply with all federal state and local law , REACH THEREOF, OR FROM THE SALE/RENTAL, DELIVERY, RESALE/RERENTAL, OR REPAIR OF , s, regulations, and ordinances, relating to the use of the ANY GOODS COVERED BY OR FURNISHED UNDER THIS AGREEMENT SHALL IN NO CASE - Equipment, including without limitation the INITIAL EXCEED THE TOTAL PURCHASE PRICE OR RENTAL CHARGES MADE TO KC' ALLOCABLE TO regulations of the Occupational Safety and Health THE EQUIPMENT WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL KC BE LIABLE Administration FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES . . X , , INCLUDING BUT NOT LIMITED TO LOST PROFITS AND COST O Entire A reement Customer must initi al F COVER. THE t AW OF OM TAT DO NOT P Rh TT RTAIN Ill 1TATIONC ON W RRANTiFC t)R This Agreement, including [he terms on the reverse side re t th REMEDIp IN TH EV NT H A AW APP TFS TH FOR OIN kCLUSIOAC , presen s e entire understanding of the parties and this Agreement supersedes any AND LIMITATTONC A_RF AMFM1Fn nvgnFAR e>L v rw enr I p E 1 BY AID AW prior agreements (oral or written) regarding the matters oytlimed herein. I HAVE READ, UNDERSTAND, AND AGREE WITH ALL OF THESE TERMS AND THOSE No term or provision of this Agreement may be amended, altered, waived, ON THE REVERSE SH)E dischazged, or terminated except by written instrument ~ signed b authorized re t ti f . U TO (purchaser or lessee): y presen a ves o the parties hereto, and shall not be modified or interpreted by INTTIAL TITL DATE reference to any prior course of dealing, usage of t ad - '~/~s ~! ~ " r e, or course of performance. X P ` ~(t '[o v Accepted by: Credit L ALES ARE FINAL RIIVT NAME: 1. NEW FACTORY WARRANTY 2. NO WARRANTY EXPRESSED OR IMP D ~ - rrlnL 3. USED EQ. SPECIAL TERMS n wmAL ~ / ~y-' 08 12;10 FROP9-!SC Bobcat 8162297631 T-181 P007/t!)11 F-005 CIllCapltal CommerClal Corporation 3650 Regent 91vd, IMng TX 75063 Full Legal Name CITY OF RNERSIDE phone Number FEIN: 41-8005587 Purchase Order RequbNon Number Billing Address 2660 NW VIVION RD City RIVERSIDE Slate MO Zlp 64150 Send Inveloa to Anentlon ol: Pnnclpal Portion: 591 563 00 Lewes Payments: z W , . Interest R t 4 4 9' Sea ldradura 0: P L ~ BY Necking [he box below, YOU hereby dealgnete this Lease as a •qualif100 tax•oxem t obll 5 ' O F e e: .3 e eese eymanf Schedule u 7d u. p ge on as daM+ed m $ectlgn 26S(b)(3)(B) or the Inlemal Ravanue Code and represent that th t < a W Maximum lease Term: Payment Fregwney: ~ Monmly _ ~ e aggragat0 ilts amount of all tax.exempt obllge0ans (exelVQing prNete emiviry bontls other than qualified 50t(c)(3) bonds) leaned or 6v Da bsued by YOU end YOUR z 12 Months ^ OVarteny ^ Semiannually Y 7 , suboMlnet9 entities dodo lne calendar 9 year in whleh WE fund Chia Lease b not reasonably expsg4d t0 Oxraed 510,000,000. ^ Annually 4 m O Other _,• ^ Bank Qualified DOSlgnallon EledeO TERMS AND CONDITIONS Please read this Stale and Local Ggvemment Lease•PUrdlaee Agreement (including all attachments and schedules hereto, 'Leese') carefully and reel free to oak US any questions YOU may have about iL Worea'YOU' end WOUR' refer to lha'besaa,• and the words'WE; US• and 'OUR' refer to the "Lessor," Its aucceeaore end assigns. 1, LEASE: WE agree tq lease to YOU and YOU agree ro lease from US, the equipment listed on Schedule A: Equipment Schedule, mdudmg an replacement Darts, ropaln, adtllt(ons and accessoAes ('Equipment") on the terms and eondltrona of this Lease and on any attached schedule. 2. TERM: Thla Lease is ertegwe on me date designated beltrw as the Lease Commencement Para (the 'Commencement Dale'), wnlen will not ba prior tv YOUR ar:ceptence of the Equipment as desenDetl In Section 7. and vontlnuas thereaher for an Initial Term (•tnltlal Tarts") enditg al the end of YOUR budget year in meet Dn the Commenarment Data and may ba continued by YOU for addNlonel doe-year rerlawal Terms ('Renewal Tenns'), winoWing wnh YOUR budget year, Vp to Ina total number of months IndEatetl above as the Maximum Lease Term; provided, however, that al the end of the Initial Tsrm and at the end of each Renowal Teml until the Maximum Lease Term has been cornpletetl, YOU will be deemed to nave continued mia Lease for the next Renewal Term unless YOU have terminated thle Lease pursuant to Section 5 or Section 17, Lease Payments will be due as set loon on 9ehsdula B unt9 the balance of the Leese Payments and any adtlalpnel Leese Payments or expenses cn9rgeable tv YOU under tole Lease are Raid in full. Ali set forth in the Lease Pdyment Scoetlule, a portion of earn Lease Payment Is paid as, and repreeenm payment oF, interest. YOUR obllgedon to pay Lease Payments end YOl1R other Lease oollgetlgns are absolute and uncondldonal end are not suD)ect to cancellation, reduction, setog or countercraim except as provided in 8ectten 5. THIS LEIASE IS NON' CANCELABLE, [J(CEPT AS PROVIDED IN SECTION 6. ~. LATE cHAROE3. N n Laaaa Payment Ie not made on the data when due, YOU will pay US, on demand, se s late charge, a dallnquency eherye et the rate or i tr2% per month for the period of the delinquency or, at OUR option, an amount equal to SX of the overdue amvgnL Ihnired, however, to the maximum amount allowed by law, 4. CONTINUATION OF LEASE TERM. YOU currently intone, subJect to Section S, tv cvn5nue mie Lease, end Io pay Lease Payments Hereunder, Through the Maximum Lease Term. YOU reasonably believe that legally available funds in an amount sufllclent to make ell Lease Payments during the Msrdmum Lease Term can be obtained. YOUR responsible financial omcor N111 rid ell things lawfully within hla or her power to obtain and malnleln Nods from which Lease Payments may be made. including making provision ivr Lease Payments to the extent neceaeary In each proposed annual budget aubmined for approval in accordance with YOUR applicable procetlurea and to exhaust all availabe reviews and appeals If Ihet portion of the budge) U not approved. Nohvithstanding the foregoing. the decision whether la budge[ or aDDropriate roods and to extend This Lease hn any Renewal Term i5 sooty within the tlletxeflon of YOUR gbveming Dody. 3, NONAPPROPRIATION. vOU ere obligated vnty t0 pay such Lease Payments under this Leese as may lawfully be made from Nnde butlgetad and mpproprtated for That purpose eunng YOUR then CVrrent bveget year. it YOU fail to appropriat0 or otnenvlae make eveilable funds to pay me Lease Payments roquired to be paid in the neM oeeurrVtg Renewal Term, this Lease well be tleemed terminated at mo end of me then current Initial Term or Renewal Tenn. YOU agree t0 eelNer written notice to US or auto termmatlon trt least 90 days prior to the end of the men wrtent Inklal Tann or Renewal Term, Dui failure ro give such ndliCO will not extend the term of this Lease beyond the Then cameo( Initial Term or Renewal Term. II mle Lease is terminated h accordance with this Section, YOU agree, at YOUR cost end expense, to peaceably deliver the Equipment to US et the Iocadon or bcatlona specified by US. 6. WARRANTIES. WE are leaeing the Equipment t0 YOU 'AS-IS' and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTA91LiTY. OR FITNESS FOR A PARTICULAR PURPOSE. WE transfer to YOU, without recourse, for me term of This Lease art warran0ea, If any, made by the manufacturer, YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABpl1T THI9 LEASE OR THE EQUIPMENT. WE WILL NOT 8F: LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESENTATION OI? RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAV IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER. 7. DELIVERY AND ACCEPTANCE YOU ARE RESPONSIBLE. AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INS7ALlATIDN OF THE: EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE C03T3 OF THE EQUIPMENT r0 US).• IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY AND ACCEPTANCE CERTIFICATE. WE MAY, AT OUR DISCRETION. CONFIRM 6Y TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT. AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT WILL HAVE THE SAME EFFECTAS A SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE. (Terms 0.nd Conditions continued on Ure seGVnd page of [his Lease.) YOU agree to alt of Me Temte and Contlilions wnlained in both pegee of this Lewes end M an tt hment t Ihl Name of Lessor Cit CaDltal Commercial Corpora Ion . y a ac s o s Lease (911 of which are included b f Lessor Signature bate y re orcncc) and become pert of this Lease. YOU ackrxrwletlge that YOU ~ have read and agreed to all the Terms and CDndltlone. By a ~ Pont Neme d z YOU 0.cknowledge that the leaead equlpmenl is: ^ NEW ^ USEb h Legal Name of Lessee ~ Title ut CITY OF RIVERSIDE w 8! O Lease Number gnature Date ~ B~ w Pont Name J Lease Commencement bale Vendor LD. Number ~ } t, ins undersigned, do hereby certify that the o~cer of lessee who exeeutcd rite foregoing Lease on behalf of lessee and whose genuine signature i appears thereon, {t) is the duly qus(i6ed end acting officer of Lessee as stated beneath his or her signaurre and (2) is duty authorised to ex~xute and ~ w deliver the foregoing Agreement on behalf of Lessec. LL ~ Signature: Title: per; _ o'e Mani Lse Porch Short form- 12/07 Page 1 oft Received Time Jul. 9• 1~21PM 0'r-89-'88 12:1© FROM-!~C Bobcat 8162297631 T-181 P008/011 F-005 S. TITLE, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIFICATONS OR ALTERATIONS. YOU have 8tle b tM EgWpment; provided that 9ua eo Ns Equipment will Immadlately and wlltteut any carton by YOU vest In US, and YOU will Unmetllataly surrender pOtseeebn of me Equlpmant m US, (a) upon any terminelbn Of th4 LOaee other then Hrmktatron pursuant t0 $ecdee 17 w (b) g YOU aro In dafatet of Ihb Lassa. It le me kttent of the parlNS herotd that arty trensror of 9110 to U9 pureuanl lv fhb Section w1n occur aufome0cely Wltnout the necoaelty of any bltt of eels, cert9ltaete of tltu Or other IneWmsnt M wmeyance. YOU wUl, nawftMleee. execute and daflwr any such Instruments as WE may request m evWenp abCh trenefer. Ae aa0utily for YOUR ubllgellona hereunder, WE retell a aacgflQl Interost m the Equlprmm and alt probeede thereof. YOU Mv0 me dphl to use the Equlpmant tludng 97a term of thle Leese, except as oe7etwlee expressly sat rertn In thla Leaae. AlUtptrph the Equlprnanl may Inocome attached to reel easste, h romWne personal property. YOU aqua not b attar or modNy the Equllrment or permit a Ilan m Ds platx7d upon the Equipment a m remove eta Equlpmenl wttnout OuR prmr wrNten convent. U WE feel It b necessary. VOU sgrep m provWe U3 wtth walvere al u7terest or Ilene Irom anyone Nalming 8rry Interest In the real aetite On which any Items of EWWment b located. WE also have the rlghL el reasonable limes, m Inaptrcl the EgtppmanL a. MAINTENANCE. YOU era requlrotl, at YOUR rmn coat end expen9e, ro keep the Equlpmen( N good repek, contlltlon antl wodting order, except for ordinary wear end Nar, and to supply all pane and serviClrlq roqulrod. All replacement parts used or Installed end roDalr3 made to the Equlpmant wltl became OUR property. YOU ACKNOWLEOOE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REdUIREP MAINTf7'IANCE ANDlOR SERVICE FOR THE EQUIPMENT. YOU WILL MAKE ALt CLAIMS FOR SERVICE AND/OR fvtAINTENANCE SOLELY TO THE SUPPLIER AND/OR MANUFACTURER AND SUCN CLAIMS wILL NOT AFFECT YOUR OBLIGATION TO MAKE LEASE PAYMENTS. 10. ASSIGNMENT. YOU AGREE NOT TO TRANSFER, SELL, SUBLEASE, ASSIGN, PLEDGE OR ENCUMBER EITHER THE EQVIPMENT OR ANY RIGHTS UNDFJt THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT. YOU agree that WE may sell, eaelpn or Irensror Nle Leaea end, d WE tlo. the now owner well now Ne same rights and benefits, bW not the obligatons, that WE now hew. The rights Or the new owner will not De.sub)ect tp any claims, munterclelme, defenses Or ae[aae that YOU may rave against US. No baeignmenl will be eneUlw until YOU have receNed written rwtlca from the 6aslgnor of the name and etldreee of the aasigneo. YOU or YOUR agent well malntaM s written rotoro of each assignment Inform necessary to mmpy with Sectbn t49(a) of the Irrternel Revenue Code b(1998, ss amended. 11. LOSS Oft PAMAOE. YOU ere respOnslDle for the rick of loss tN trestnx:tbn tN, or demag0l0, me Equipment. No such roes or damage rellavee YOU from any obllgaton under this Lease. If any of the Etartpment H damaged by fire or OtnOr casualty or if lids lo, or the temporary use of, any of the Equipment 4 taken under the exsrciee of me power or eminent domain. the net proeeetla ('Net Proceeds') of any Insurance claim Or COntlemnetlan award win De applied to the prompt replacement, repair, rostoretlon, modification or Improvement of that EqulpmenR unless YOU have exercised YOUR Optbn m purchase the Equlpmant pursuant to Section 17. Any balance Or the Net Proceeds remaining after soar work rise been computed veil De peW to YOU. 12, INDEMNf1Y. WE are not respenelble for any losses or Injudee caused by the manufacture, acquisition, tlellwry, roetalla[Ibn, ownerehip, use, lease, pOasOSalpn, malntenancp, pperetron or rejection or the Equlpmant pr defects h the Equlpmant. Tv the extent permitted by law, YOU agree m reimburse US for end to defend U3 egelnat any claim ror looses or In)uriee relebng to the Equlpmenl Thls Indemnity well continue even efier the terminadpn of this Leaae. 1S. TAXES. YOV agroe m pay any applicable license end IegleVetron fees, Sa10 ono use texas, personal property taxes end all Other taxes end charges. relating to the ownership, leasing, rental, sale, purchase. pbsslaslon or use of the Equipment (except those based on OUR net Income). YOU agree titer I(WE pay any WXee or charges, YOV will reimburse US for ell such payments and will pay US interest aria a late charge (as WlCUlated In Secdon 3) on such payments with the nett Lease PeymenL plus a fee far OUIi collecting and adminlstedng any taxes, asSOSementa Or fees and remitting them to Ina appropriate avthbrltl99. 14, INSURANCE. During the farm Or this Lease, YOU w91 keep the Equlpmenl insurotl agalnat ell riaka of loss Or damage In en amount riot lase then tt1e replacement cost of the Equlpmant, without datlucdWe and wittroui r:0•inaurence. WE will be lh0 sere named loss payee on the property insurence and named ea an addisonal Insured on (tie public liablllry insurance. YOU will pay all premiums for such insurance and must deliver proof of ineurerlbe mwrege satisfict0ry to U3. If YOU d0 not provide ouch tnavronCO. YOII agree that WE have the right, but trot the obligation, tv Obtain ouch Insurence and atltl an Insurance fee lv 1h! amount cue Irom you. 15. DEFAULT. Subject to Senlpn S, YOU aro h default of this Lease Ir any of me following occurs: (s) YOU fail td Day any Lease Paymentor other cum when due: (D) YOu breach any warrenry or other vbligalron under this Leaea, or arty oNer agreement with V3, (c) YOU becom0 Insolvent ar unebu to pay YOUR debts when due, YOU make an assignment ur the benefit of credeors or vOU undergo a substantial detenoretron in YOUR snartrdel condition, or (d) vOU Ale or haw filed against YOU s peettpr, ur Ilquroatbn, repgenlzeuon, ed)ustmont or debt or elmller relief under ens U.4. BanWuptcy Code er any other present or future federal or slate bankruptcy or insolwney law, or a wtttea, reviver or liquidator Is appointed for YOU pr a subelsntlal pert of YOUR assets. 16, REMEDIES. VYE have the following ren7edlee If YOU are in default of cote Lease: WE may declare the entiro balance of ma unpaid Lease Payments for the then current Initial Tertt7 or Renewal Torm immedletely due and payable; sue for and receive all Lease Payments and any other payments then accrued or accelerated under trite Lear~e; charge You interest on ell monies due US at me ram of eighteen percent (talc) per year from the dam of default until paid. but In no event more than the maximum rate permmed by law; charge YOU a rolurrocnack or non~ufficiant funds charge ('NSF Charge') of 525.00 far a check that H retumed for any r0ason; and require that YOU rotum the Equlpmant to U5 and, If YOU fall to retum th0 Equlpmant, enter upon the premlaee peaceabN with or Wttnout Iegel process where 1hB Equipment i5 locatetl end repossess the Equlpmenl. Such return or rlpasseeabn of the Equipment will no[ mrwtitule a tarmina(ron of this Lease unless WE expressly notify YOU in wnttng. If the Equlpmant D retumed or repvse04ee0 by US end unless WE haw terminetad this Lease, WE will aeu or re-rent the Equ7pmen(m any persons with any terms WE determine, at ono or more public or prvate ealea. with or without notka to YOU, end apply the net proceeds after deduUing the mate end expenses tlf such sale or re•renL t0 YOUR obligations with YOU remalnlrlg (table for any da0clency end ~Nith any excess ovOr the amounW described in (his Section Dtus the then applleaole Purchase Price to be paid to YOU. YOV aro also required to pay (i) all expeneea incurred by US In connectors with the en(prcement or any remedies. including all expeneea of repossessing, storing, enlpping, repairing aria ceiling the Equlpmen(, and (II) reasonable attorneys' fees. 77. PURCHASE OPTION. YOU will nave the option 1o purchase all, but not less than all, of the Equipment (a) m the sate the last Lease Payment is due (assuming tole Lease is renewed at the !rid of the Inhiel Term and each Renewal Term), if this Lease le edit in effect on that day, upon payment ro Lull of Lease Payments and an other amoun7s aqn due arul Ue payment of One Dlliar m uS; (b) on the last day of the Inlttel Term or any Renewal Term Ihen in Ortetl. upon et lees! 30 days' pda wnnen notice to U$ and payment in full to U$ or the Leaea Payments end all other amounle then due plus the men applicable Purchase Pdce set forth on the LOaSO Payment Schedule; w (e) If aubatankel damage m or destruction or condemnation ei Subelendelly ell of the Equlpmenl nee ptxvrred, on lne day apedbed in YOUR widen notice tp US Dr YOUR exercise of the purenaea oplbn upon at least 3q doge prior notice to US and payment In nNl to US of the Lease Payments end aIi other amounW Ihen due plus the roan applicable Purcl+ase Price set forth on the Lease Payment Schedule. 18. REPRESENTATIONS AND WARRANTIES. YOU warren! and represent as rollovrs: (a) YOU are a publk body mrporete and poltro duty orgen¢ed and exleting under the constitution and laws of YOUR State with NII power and authprny t0 enter Into this Lease and Ure treneacuone contemplated hereby end m Dprterm all df YOUR vbligatiens noreunder, (b) YOU have duly avtnorizad the execution and delivery of cola Lease by proper avtlon by YOUR goveming body et a meeting duly Called, reguledy conwnOd and attended throtgnout by the requlelle me)vriry of the membere thereof or by other approprlete oKcial approval, and all requirementf haw Deers met and procedures hew occumd in Order Ib ensure the velidhy and lntorceablllry of this Least: (e) YOU have complied with such public bidding roqulromente es ere aDDlicabl! t0 Nle Lease end the aCgUlslttbn by YOU of the Equlpmant; (d) all autnprizetions, consents and epprovels of yowmmental bodies or agencuS requlretl In connection with me execution and deltvory by YOU of this Lease or In conrlectlon with the carrying out of YOUR obligations hereunder have been obtained; (e) cots Lease cOns9tutes the Iegel, valid antl bhaing obllgetivn of YOU aniorceeole in accordance unto lta terms. e%Cept l0 the extent IImIIaO by eppliceble bankruptq, InepNanCy, repryanizalron or other leYVa affecting eredttore'righl6 generally; (q YOV have, in accOrdenGe with the requirements Of law, fully budgeted and aDpropnated sufficient funds for Ina current budget year ro make the Leese Payments scheduled 1b come due and m meet YOUR other oDllgaelma under this Lease during the current budget year, and Noae funds hew not been expended far other purposes; (g) the Equipment is Ossentlel to YOUR functions Or W the sarvices'YOU prowae to YOUR cttlzena. YOU have an Immediate need for the Equlpmant and expect m make Immediate use of DIO Equlpmant, YOUR neetl ror the Equlpmant is not Wmpvrery end YOU do not expeu the need ror any ham of the Equipmem m tlN7Mlah In the foreseeable future. Inctu0ing the Maximum Leaae Term. end eha Equlpmant wltl be used by YOU only for the purpose of performing one or more of YOUR gowmmenWl Or prapdetery functons coneiatent with the permlgslDle amps of YOUR aWfwdry end will not De user] In the trade or business of any other entity Or person; and (h) YOU nave never tolled m appropriate or ptharWlee make eveilabu funds Bufliclenl Ib DaY rental or other payments vOming due under any ease purchase. Inetellment sale or Omar elmaer egreemOnt. 1g. UCC FILINGS ANO FINANCIAL STATEMENTS. YOU aulhvriia VS m tae a flnencing statement WIN respect to the Equipment. If W E feel it is npraasary, YOU lrgree lp submit gnanclel statements (audited II avalleble) on an annual baele. 20. UCC -ARTICLE 2A PROVISIONS. YOU agroe trial Iola Leese is a Finance Leese es that term La donned In Article 2A of me Unllorm Commercial Cods ~^UCC'). YOU acknowledge that WE have given YOU the name of the Supplier M the Equlpmenl. WE hereby notty YOU that YOU may have rlgnls under the contrecl with the Svpplur and YOU may contact rho SupPller for a description or any rights or warranties that YOU may haw umler cols supply mntrecL YOU also weNe any amt all rights end remedies granmd YOU under SeUrone 2A-509 through 2A-522 of the UCC. 21. TAX EXEMPTION. YOU will comply whh all applicable provlsrons of the Inurnal Revenue Code or 7485, ea amended, induding wlttlout flmhativn Secdons 103 9lttl 148 therevL and the aDDllcebfe regulations therounder to melntetn the oxduslon of me Mterest pvn;en of Ina Lease Payments from gross income ter purpoeae of federal income taxaclon. 22. DANK QUALIFICAT]ON. If YOU checked tne'Benk Ovalisptbn Elected' box on the rront page of this Lease YOU aria all YOUR svbOrdlnate entitles vrill not issue h excess of 570,000.000 of qualifrod faz~xemDt obligations (Including this Lease, but exciuding private activity bonds other than quatlnetl 501(c)(3) bonds) during the calendar year In wntcn WE fund this Leese without first vbWlnrog en opinion o(naCgnelty recognized counsel In Ina area Of tax~xempt munk:lpal pbliga9vns acceptable tv US that the dealgnatlon v( this 40ase ae a'qu9lifred Wx•examp[ obligation' will not be adversely aaacred. 23. CHOICE OF LAW; JURY TRIAL WAIVER. Thle Lease will be governed end construed In aCmrdance with the laws of the state emote YOU are lOCatetl. Tp [rte extent permitted by law, YOU agree tv wa;ve YOUR rights tv a trial by )ury. 24, ENTIRE AGREEMENT; gEVERABILRY; WAIVERS. This Leese contains the entire agreement and understanding. Np agreements or untlerstandinga ere bindincl on the portico unless set fOrtn In writing and signed by the parties. Any provlalbn a( this LsasO which for any reason may De held unenftxCeeble In any )urtadictien will, ab to such jurisdiction, be ineffective wlthvul invalitling the remaining proWlona of this Lease. 25. FACSIMILE DOCUMENTATION. YOU agree that s facsimile copy or cote Leese with teaetmne signatune may be treetod as an odginel end will be admlealble as ervide a vl this Lease. Muni Lee Pvcb Short Form- 12107 Page 2 p{7, Lea fads Received Time Jul• 9• 1:21PM 07-09-'88 12:09 FBOM-E{C Bobcat 8162297631 T-181 P005/1~11 F-005 DELIVERY AND ACCEPTANCE CERTIFIC,Ai.~'E LEASE-PURC)t~ASE AGREEMENT DATTiD 07/09/2008 The undersigned (" essee") and CitiCapital Commercial Corporation (" essor") are parties to the Lease- Purchase Agreement (the "Apa'eement") specified above. All capitalized terms used in this Delivery and Acceptance Certificate without definition have the meanings ascribed to them in the Agreement. In compliance with the terms, conditions and provisions of the Agreement, the Lessee hereby: (a) certifies and warrants to the Lessor that all t}te Equipment described in dre Agreement or in any invoice or other attachment attached thereto has beet. delivered to the Equipment location specified in the Agreement, fully installed, inspected by Lessee and found to be in good operating order and condition, ,and has not been previously used or placed in service for its specifically assigned function for the firs[ time, unless othervise expressly indicatedun the Agreement, prior to the Acceptance Aate indicated below; (b) unconditionally and irrevocably accepts all the Equipment for all purposes under the Agreetent and all attendant documents as of the Acceptance Date indicated below; (c) agrees to faithfully,perform all of its obligations under the Agreement re-states and re-affirms, as of the Acceptance pate indicated below, each of the representations, warranties and covenants as set forth in the Agreement; (d) acltttowledges and represents that Lessee has reviewed and approves all of the pwchase documents for the Equipment, if any; and (e) acknowledges and agrees that the Agreement is beiatg accepted and commenced pursuant to this Delivery and Acceptance Certificate as of the Acceptance Date indicated below. 2. ACCEPTANCE DATE: LESSEE: CI Y OF ltX~VEItSID ~,~-%~,~ L~,C'os~ ( type Name) ~ Prinl or Dated: , 20~_ Certificate orDelivery add Acceptance - Vendor Markeea - Mwicipal (Rev 3.22.0'n Received Time Jul• 9• 1:21PM CIl uJ UU 1L. 1Y1 L'1)Vll-Ill. LVUl.cil UlULLJl UJ1 , y~y , ~~.~„ „ALL - ~~~ Purchaser: CITY OF RIVERSIDE 2950 Nw vIVtON RD Address: RIVE1tStDE, MO 64150 Stdte of Sales Tax Registration: BLANKET CERTIFICATE OF RESALE This is to certify that all material, merchandise, or goods purchased by the undersigned from: BERRY COMPANIES, INC. 2209 WEST 40 HIGHWAY BLUE SPRINGS, MO 64015 after (Date) is purchased for the following purpose: Resale as tangible personal property Rental as tanglblo personal property To be incorporated as a material part of other tangible personal property to be produced for sale by manufacturing, assembling, processing or refining. To be exported ror sale, Uae or consumption outside the continental limits of tho Uttited States. _~Ezemption under Federal, State, or Local Governmental Laws. Other: This certiTiCate shall be considered d part of each order whlGh wa shall give Unless otherwise slats .This cehrtific~jate is to continue in force until revoke . CERTIFICATE NUMBER: ~d ~7,~/~'~/~ "' B~(: AS ITS:';;;` or 1, PURCHASER - FIII in Company s Legal Name including 'tlba'. 2. ADDRESS -Complete mailing address 3. STATE OF REG. -The State with which your certificate number is filed. Please complete one form Tor each state of registration 4, DATE -Fill in approximate date of first purchase with Oeelar. 5. CheeK the moat appropriate intended purpose of the purchase 0. CERTIFICATE NUM9ER -Indicate your certificate number issued by the stale in which you are registered. 7. BY -Signature of person authorized by your Company. 8. AS ITS - TIBe of authorized person signing. NOTE: PLEASE RETURN THIS CERTIFICATE ALONG WITH YOUR CONTRACT DocUMENTS TO: CITICAPITAL COMMERCIAL CORPORATION 3950 REGENT BLVD. Irving, TX 75083.9117 Received Time Jul• 9• 1~21PM Riverside, M0, City of Compound Period: Monthly Nominal Annual Rate: 4.340 CASH FLOW DATA Svent Date Amount Number Period End Date ] Loan 07/088008 31,683.00 1 2 Payment 08/08/2008 0.00 5 Monthly 12/088008 3 Payment 01/08/2009 1,500.00 1 4 Paymcnt 02/08/2009 0.00 5 Monihly 06/08/2009 5 Payment 07/08/2009 31,552.88 l AMORTIZATION SCHEDULE - Notmal Amortization Date Payment ifntetrc9t PrLtdpal Balance Loan 07/088008 31,683.00 1 08!08/2008 0.00 114.59 114.59- 31,797.59 2 09/088008 0.00 115.00 115.00- 31,912.59 3 10/08/2008 0.00 115.42 115.42- 32,028.01 4 11/08/2008 0.00 115,83 1]5.83- 32,143.84 5 (2/08/2008 0.00 116.25 116.25- 32,260.09 2008 Totals 0.00 577.09 577.09- 6 01/08/2009 1.500.00 116.67 1,383.33 30,876.76 7 02/08!2009 0.00 11].67 111.67- 30,988.43 8 03/08/2009 0.00 112.07 112.07- 31,100.50 9 04/088009 0.00 1 ] 2.48 112.48- 31,212.98 10 05/088009 0.00 112.89 112.89- 31,325.87 11 06/088009 0.00 ]13.30 113.30- 31,439.]7 12 07/08/2009 3],552.88 113.71 31,439.17 0.00 2009 Totals 33,052.88 792.79 32,260.09 i Grand Totals 33,052.88 1,369.88 31,683.00 07/09/2008 12:28:46 PM Page ] Received Time Jul• 9. 1;21PM