HomeMy WebLinkAboutR-2015-033 Sales Agreement Bobcat Company 2015 Bobcat E35 T4 Mini Excavator RESOLUTION NO. R-2015-033
A RESOLUTION AUTHORIZING AND APPROVING A SALES AGREEMENT, MASTER
LEASE AND LEASE SCHEDULE WITH THE BOBCAT COMPANY FOR THE PURPOSE OF
FINANCING A 2015 BOBCAT E35 T4 MINI EXCAVATOR IN AN AMOUNT NOT TO EXCEED
$6500
WHEREAS, the City has a need to acquire mini excavator for its Public Works Department
operations and use of such equipment is essential to the City's proper, efficient and economic
operation; and
WHEREAS, a 2015 Bobcat E35 T4 mini excavator is available for purchase from the
Bobcat Company off the Mid America Regional Council Cooperative Purchasing program; and
WHEREAS, the City desires to purchase said 2015 Bobcat E35 T4 mini excavator through
a lease purchase agreement from the Bobcat Company according to the terms and conditions set
forth in the Sales Agreement, Master Lease and Lease Schedule; and
WHEREAS, funds for such purpose are available in the Fiscal Year 2015-2016 Budget in
an amount not to exceed $6500.00; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into the
Sales Agreement, Master Lease and Lease Schedule with the Bobcat Company to approve such
lease;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT a lease of a 2015 Bobcat E35 T4 mini excavator as set forth in the Sales
Agreement, Master Lease and Lease Schedule is hereby authorized and approved, in an
amount not to exceed $6500;
FURTHER THAT execution and delivery of the Sales Agreement, Master Lease and
Lease Schedule by and between the City of Riverside and the Bobcat Company by the Mayor or
City Administrator is hereby authorized, approved and ratified with such changes, modifications,
additions or deletions therein as shall be deemed necessary, desirable or appropriate by the
Mayor or City administrator prior to execution thereof;
FURTHER THAT the Mayor, City Administrator and Finance Director are hereby
authorized to execute all other documents and agreements necessary or incidental to carry out
the terms and conditions of such agreements and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the Z day of July, 2015.
Kathleen L. Rose, Mayor
A� : /.
Robin Littrell, City Clerk
CITY OF
RIVERSII�
... r1lssOu�i
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
AGENDA DATE: 07-07-2015
TO: Mayor and Board of Aldermen
FROM: Tom Wooddell, Public Works Director
RE: Lease approval of 2015 Bobcat E35 T4 Mini Excavator
BACKGROUND: Funding to lease a 2015 Bobcat mini excavator was included in the 2015-2016
budget. The Bobcat E35 T4 mini excavator will be leased from the Bobcat Company.
BUDGETARY IMPACT: The adopted 2015-2016 fiscal budget included $6500.00 for the one year
lease of the Bobcat E35 T4 mini excavator. The total lease cost of the Bobcat E35 mini excavator is
$6500.00.
D33 .
Delivery Report �03y
Bobcat. Excavator
Sold By: K.C.Bnhcal,PLATTE CITY
Dealer Nana: K.C-Bobcat Customer. Tom Wooddell,city of riverside Customer's Primary Construction-Infrastructure
Business:
Dealer Address: 801 NORTH MAIN Mailing Address: 2950 Nw Vivion Rd Application Of The Road Construction/Maintenance
PLATTE CITY,MO,64079 Riverside,MO,641501502 Customer's Primary
Business:
Machine Sorter No.: AR1 K1 2227 Contact Name: TomWooddell Customer Is: Previous Equipment Owner
(Replaced)
Mini Excavator
Bobcat
Madel No.: E35 T4 Customer Phone: 816-7413993 Atltl Cust Neam No
Workeaver
Delivery Date: Oct 12,2015(Inil Customer Email: twooddell®riversidemo.cum Salesma me: Aaron Pirates
Customer type: Government,Local/City/Village (Initial )
Finance Transaction: Financed Other(Not Bobcat Sub-
sidized)
A, WARNING 11 11. xplain use of operator cab/canopy,which is a Rollover Protect-
ive Structure(BOPS)and/or Tip Over Protective Structure
NISUSE OF MACHIMF OR MODIFICATION OF GUARDS,SEAT SEAT OR COMnOL LOU.3 GA.CPUBE (TOPS)(except for Model 442).DONOTmodlfyorremove.Ad-
aUURY OR DEATH.
vise availability of Falling Object Guards(FOGS)Kit(Not avail-
The following Items are to be checked_,0 as they are explained abl r all models).
or shown to the Owner/Operator by the Dealer at time of delivery: 12 plain rated lift capacity for safety and stability of the excavator
1.,te txplain delivery packet(Operation&Maintenance Manual, and ttachments.
Safety Manual and Warranty Brochure)when given to Owner/ 13. In recommended fueling and lubricating procedure.
O,petator.
2.— Advise owner that dealer is the source for operator training,Bob- 14. d�ise use of excavator on slopes.
cat Excavator Operator Training Course and Service Safety 15._CAdvise never to use the excavator in an environment with explos-
Training Course, review of job requirements and recommended ive d sts and gases or with flammable materials near exhaust
a avator and attachment usage.
dvise Owner/Operator of all available attachments and ac-
3._ Explain capabilities and restrictions of excavator and aftach- cessories such as:Chain Assembly,Special Application Kits and
m nts for job usage,as identified by Owner/Operator. Motion Alarms.Explain use of X-Change System(if equipped).
4. Review machine Safety Signs(Decals),Operation&Mainten- 17.-/Review maintenance procedure with Operator and/or mainten-
apCe Manual,Operator's Handbook and Safety Manual. ante person as found in Operation&Maintenance Manual.
5._✓Explain operation of steering control levers.When pushing levers 16. plain loading and unloading procedures onto trailers and use
forward or activating foot controls,excavator will travel in the dir- of ramps.
ection of the dozer blade(White arrow decal on track frame).
� 19.-Explain use of blade.Explain use of track expansion function(if
6._M,5how how to enter and exit excavator safely,with attachments eq ipped).
Io Bred and engine off.Explain function of control lockouts.
20._ xplain lifting eye location and slinging procedure.
7. Explain use of seat belt.Explain to operate controls from operat- /
21..-1FEx laln"Warrant Policy"and limitations to Owner/Operator.
orator.
or's•seat only and to keep feet and hands inside cab/canopy. P Y Y� P
Warranty Statement printed in Operation&Maintenance Manual
8._ D monstrate how to start,stop,tum and park the excavator. an arranty Brochure enclosed in delivery packet.
9. Explain function of all controls.Explain house swing control lock 22.—Review Protection Plus Program Extended Warranty,plan selec-
featur f equipped). tions,pricing&benefits.
10. plain STD/ISO control pattern selector feature(If equipped). `Must Select One Reoulred for Delivery Report Confirmation
�[ ] I Agree to purchase a Bobcat Protection Plus Extended
•Warranty Plan.
'(_) I Decline to purchase a Bobcat Protection Plus Exten-
ded Warranty Plan.Can purchase up to 12 months after delivery
date.
The above delivery information has been explained to me. I understand the operation and maintenance of this machine.I also acknowledge the
warranty conditions and limitafienres co y of the warranty statement. P/2.��
Owner/Operator Signet ure�- Date
Dealer Representative Sid f Dete_/L�'���s
Please fax the completed and signed fo t at 866-231-1124.
Alternately,a PDF of the delivery report may be e-malled tobct—deliveryreports@bobcat.com.
Delivery Report
Bobcats Loader
Sold By: K.C.Bobcat,PLATTE CITY
Dealer Name: K.C.Bobcat Customer: Tom Wooddell,city of riverside Customer's Primary Construction-Inirestrucaire
Business:
Dealer Address: 801 NORTH MAIN Mailing Address: 2950 Nw VNion Rd Application Of The Road Construction/Maintenance
PLATTE CITY,MO,64079 Riverside,MO,64150-1502 Customer's Primary
Business:
Machine Serial No.: ALJ81 6074 Contact Name: TomWooddell Customer Is: Previous Equipment Owner
(Replaced)
Skid-Steer Loader
Bobcat
Model No.: 5650 T4 Customer Phone: 816-741-3993 Add Cust Name To No
we" ever:
Delivery Date: Oct 12.2015(Inil'la�Customer Email: twooddell®dversidemo.com Salesma Aaron Phares
Customer type: Government,Local/City/Village (Initial )
Finance Transaction: Financed Omer(Not Bobcat Sub.
sidized)
1 WARNING 10._ plain use of operator cab which is a Rollover and Falling Ob-
ject Protective Structure(BOPS/FOPS).Explain availability of
MIeUREOF MACHINE,OR MODIFICATION OF OUARM,SEAT BELT OR COMKV4 LOCKS CAN GIUBE ROPSfor all previous models.DONOTmodifyorremoveoper-
NJURY OR DEATH. ator Cab.
The following Items are to be checked ;� as they are explained 11 LEx��plain the use of the rear window opening of the loader as an
or shown to the Owner/Operator by the Dealer at time of delivery: emergency exit.DO NOT modify this opening or approve equip-
1./„!Explain delivery packet(Operation and Maintenance Manual, ment which blocks this exit.
Safety Manual and Warranty Brochure)when given to Owner/ 12 xplain availability of Enclosures and Special Application Kits to
/Operator. restrict material from entering cab openings.
2. Advise that dealer is the source for operator training,the Bobcat 13. dvise availability of other accessories such as:Single Point Lift,
Skid Steer Loader Operator Training Course,and Service Safety Hom ack-Up Alarm,Work Lights and Flashing Lights.
Training Course, review of job requirements and recommended
loade and attachment usage. 14. xplain that rated operating capacity of the loader and attach-
3.— xplain capabilities and restrictions of loader and attachments for mentis.specified for safety and stability.
job u ge,as identified by Owner/Operator. 15. xplain the need&availability of bucket types and sizes for use
with different materials. Explain availability of other attachments
4. eview Safety Signs(Decals),Operation and Maintenance such as backhoes,breakers,grapples,rakes,etc.
Manual and Safety Manual. Explain Operator's Handbook
fas ened to machine. 16.J.��.Fp 'n recommended fueling and lubricating procedure.
5. Show how to enter and exit loader safely,with lift arms down, 17.✓Advise never to use the loader in an environment with explosive
brake set and engine off.Use hand grabs,bucket steps and dust gases or with flammable material near exhaust.
sof tread.
18. eview maintenance procedure on Service Schedule decal and
6. remonstrate use and maintenance of seat belt and seat bar.Esc- in Operation&Maintenance Manual.Explain use of lift arm sup-
plain availability of seat bar for previous models. port device.
7.✓Explain function of seat bar control interlocks that require operab 19.-4.,Explain'Warranty Policy'and limitations to Owner/Operator.
or lower seat bar. Warranty Statement printed in Operation&Maintenance Manual
Explain Bobcat interlock Control System(BICS)with'Press to and arranty Brochure enclosed in delivery packet.
Operate'button.Explain bypass for lift lock valve and traction 20. eview Protection Plus Program Extended Warranty,plan selec-
loc override. tions,pricing&benefits.
9.— Demonstrate how to start,stop,tum and park the loader.Also *Must Select One Rect_ired for Delivery Report Confirmation.
•
show how to fill,carry and dump the bucket or use other attach- I Agree to purchase a Bobcat Protection Plus Extended
ments. arranty Plan.
•(_j I Decline to purchase a Bobcat Protection Plus Exten-
ded Warranty Plan.Can purchase up to 12 months after delivery
date.
The above delivery information has been explained to me.I understand the operation and maintenance of this machine.I also acknowledge the
warranty conditions and lintitatio WI ed in my.copy of the warranty statement.
Owner/Operator Signatur Date
Dealer Representative Signature .._—..—Date /D-&2'/-T'
Please fax the completed and signetl orms to Bobcat at 866-231-1124.
Alternately.a PDF of the delivery report may be e-mailed to bct_del ive ryreports @ bobcat.co m.
KC Bobcat Purchase Policies
Service Loaner Policy - I've read and understand this policy
K.C. Bobcat will be pleased to provide you with a service loaner in the event that your Bobcat Compact Equipment is in the
K.C. Bobcat Service Department under the terms of the original full machine warranty period.**
K.C. Bobcat will make every effort to provide you with a machine of similar capacity, but due to the significant difference in
machine options we cannot guarantee an exact match.
Customer is responsible for transportation of loaner unit to and from one of K.C. Bobcat's three convenient locations. K.C.
Bobcat's trucking department can provide transportation at fair market value and surcharges may apply. Fuel is also the
responsibility of the customer when utilizing our loaner units.
Travel time and transportation of your Bobcat loader from the location of operation to K.C. Bobcat's service department for
warranty repairs are not covered and are the responsibility of the owner.
*EXCLUSIONS: K.C. Bobcat will not provide service loaners for demolition, abatement, or tree shear applications. K.C.
Bobcat reserves the right to refuse service loaners for applications deemed abusive. In the event that damage is incurred to
a service loaner while it is on loan, customer will be responsible for all damages and will be billed for all repairs. Customer
is also responsible for insuring service loaner during use.
Field Service — I've read and understand this policy
For your convenience K.C. Bobcat has field service available from each of our 3 locations. However, the customer is
responsible for all charges above and beyond warranty coverage's, including but not limited to travel and drive time.
d Machine Warranty
• Expire irty days from purchase or once machine has acquired fifty hours of usage, whiche irst
• K.C. Bobcat a customer will each be responsible for 50%of costs
• Drive-train only
• Does not include electric, ho tube lines, or exter age
• Does not include transportation or to
Used machine sale includes rranty
Used machine is sold as is and does not include used machine warranty
"Your Bobcat loader warranty begins on the date you receive delivery as the original buyer. The warranty covers defects in material and
workmanship for twelve months after delivery to the original buyer by K.C.Bobcat. K.C. Bobcat shall repair or replace,at Bobcat Company's option,
without charge for parts and labor,any part of the Bobcat loader which fails because of defects in material or workmanship during the warranty
period,except as otherwise specified in the warranty policy. Warranty does not cover scheduled maintenance service such as:lubrication,oil,filters,
tune-up parts and other high-wear items.(See your Operation&Maintenance Manual for details). The owner is responsible for repair costs due to
damages resulting from abuse,accidents,alterations,use of the Bobcat loader with any accessory or attachment not approved by Bobcat Company,air
flow obstructions,or failure to maintain or use the product in accordance with the Operation&Maintenance Manual.
I've read all of the above policies and fully understand them. Any questions that I have about them have been
answered by my K.C. Bobcat sales associate
Signature of Customer: Signature of Sales Associate:
Print Name: Date:
PLATTE CITY RENTAL OR SALES AGREEMENT TAX EXEMPT
r ❑ Bl"09W s', ...?II ❑ 1220S em;eon Cir 80t1'Win 9
KC Bobcat 816 229-0006/Fax 816 229-763 913 829-4800/Fez 913 Order 52 8164313001/Fax 816 4315
Order Date: 10/05/1 5
Customer Number 40712 Contact Name Tom To be delivered on or about the
INVOICE TO: City of Riverside F.O.B. Shipped From
'�609ERORTESEkEf
Street Address 4200 NW Riverside St SHIP TO/JOB LOCATION:
P.O.Box Job Site Phone
COLLECT r
Cly and spite Riverside MO 65150 VIA PREPAID r
Customer Ph,N 816.590-4724 Purchase Order#1
F RENTAL I FINANCE PAYMENT
Subject t0 the terms and Conditions of this Order and the Terms contained on the reverse side,the folloveng customer 'Customer)purchaSOVerets Irom KC Bobcat 'KC')the Milowing described Equi ment
EQUIP.NO OTY. MFG. MODEL HR.METER DESCRIPTION SERIAL NO. PRICE
1114174 1 BC 5-650 1 New 5650,A91,SJC AU816074 $ 42,567.00
1106406 1 BC 74'Cil WA New 74'CA Tooth BM 1106405 $
1106407 1 BC 74'Cil WA New 74'Oil Smooth EST 1106407 $
1114415 1 BC E-35 1 Now E-35,A91,angle blade,and thumb,Force AR1K12227 $ 46,288.00
1101228 1 BC 24'BM Tire New 24'SD Bucket 1101228 $
TRADE IN EQUIPMENT
EQUIP.NO OTY. MFG. MODEL HR.METER DESCRIPTION SERIAL NO. PRICE
COMMENTS: PRICE $ 88,855.00
12 month muni toll out program.Ole
time payment `So�$'13000 COIIECted 0t delivery. ALLOWANCE
-0 /YIL,'s6tor—CT,Olc = E 88 cycl
NET DIFFERENCE $ 88.655.00
SALES TAX TAX EXEMPT
DOWN PAYMENT
FF AMOUNT
UCG I IODOCUMEAN NTATION FEE
TOTALIS 88,855.00
The undersigned PavemenU to be the lawful and legal owner of the above dissented equipment,and guarantees It to be free from all mortgages,mecl ensis Ilene,conditional solea contracts,or encumbrances of any kind
whatsoever with no exceptions.
X
W NEWFACTORYWARRANTY Is EXTFACTORYWAR 36 MonthrY000 hf Protecton Plus warranty wmAL
USED EQ.SPECIAL TERMS Base I EXT EPG WARRANTI INmu
I'- NO WARRANTY EXPRESSED OR IMPLIED INmu'
Limited Physical Damage Waiver POW Note:A late payment tee will be charged on all amounts cast due at the highest reseal rate not to exceed 1.8%par month.
By your initials,you accept the terms of the POW described In WARRANTIES, COMPANY SELLS OR RENTS THE EQUIPMENT'AS IS;AND MAKES NO WARRANTIES,EITHEREXPRESSOR
paragraph 7 on the reverse side and payment of the PDW Fee IMPLIED CONCERNING THE EQUIPMENT,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF FITNESS FOR A PARTICULAR
set forth above, INITIAL PURPOSE, MERCHANTABILITY,OR INFRINGMENT. CUSTOMER EXPRESSLY DISCLAIMS ANY RELIANCE ON OTHER STATEMENTS
X__ MADE BY COMPANY OR ITS AGENTS.
Safety Clause Customer must initial
Customer acknowledges and agrees that(a)Customer has LIMITATION OF LIABILITY, COMPANYS LIABILITYIN RCONTRACT
received all manufacturers'operation manuals pertaining to theOTHER Y FOB ANY LOSS OR DAMAGE AR ISINGF
Equipment,(b)Customer shall be solely responsible for the CONNECTED WITH.OR RESULTING FROM THIS AG ELEMENT, R FROM THE PERFORMANCE OF BREACH THEREOF OR FROM
training of all competent operators In and the safe and legal THE SALEIRENTAL.DELIVERY,RESALEIREFIENIAL Q9 REPAIRANY GQQDaV BY OUR FURNISHED UNDER THIS
operation of the Equipment within as specified performance AGREEMENT SHALL IN NO CASE EXCEED THE TOTAL PURCHASE PRICL Q8 13ENTALHA MALLOCABLE
capabilities,(c)Company has offered the Customer insinuation TO THE EQUIPMENT WHICH GIVES RISE TO THE CLAIM IN NO EVENT SHALL COMPANY
In the proper use of the Equipment,(d)Customer,at Its sole EXEMPLARY,CONSEQUENTIAL OR PUNITIVE DAMAOES.INCLUDINGBUT NOT LIMITED TO LOST PROFITS AND COST OF COVER
expense,will comply with all federal,stale and local laws,
regulations,and ordinances,relating to the use of the INITIAL THELAWSOFSOM STATESIE REMEDIES IN HE EVE
Equipment,including without limitation,the regulations of the APPLIESLAW TIONS ARE AMENDED IN AR Y INSQE6R A REQUIRED
Occupational Safety and Health Administration. SAID LAWS.
X
Entire Agreement(Customer must initial) IHAVE READ,UNDERSTAND,AND AGREE WITH ALL OF THESE TERMS AND THOSE CONTAINED ON THE REVERSE SIDE.
This Agreement.including the terms on the reverse side, CUSTOMER(purchaser or leasee):
represents the entire understanding of the parties,and this
Agreement supersedes any prior agreements(oral or written) BY TnLE DATE
regarding the matters outlined herein. No term or provision of
this Agreement may be amended Shared,waived,discharged,
or terminated except by written instrument signed by authorized X
representatives of the parties hereto,and shall not be modifiedINIRAL ALL SALES ARE FINAL
or Interpreted try reference to any prior course of dealing,usage PRINT NAME:
of trade or course o edormance. %
Taxer tri: Aaron Temmry Aaron Acceptor by: Aaron Credit
TERMS AND CONDITIONS
As used hwein,"Company"shall mean the entity selling or renting the Equipment,"Customer"shall mean the person purchasing or renting the Equipment as listed in the
Order on the reverse side hereof,and"Equipment"shall mean the goods specified in the Order(as modified below). All other capitalized terms are as defined In the Order
or below.
Article 1.Sales-The following terms shall apply if Customer Is purchasing the Equipment from Company:
1. Sale of Equipment and Delivery. Subject to available Inventory,Company shall sell and Customer shall purchase the Equipment F.O.B.Company s Location(as defined
below)on the Delivery Date(as defined below),and all risk of loss shall pass to Customer upon Delivery(as defined below).
2. Price and Payment. Unless otherwise specified herein,payment in full of the full amount Indicated in the Order shall be made to Company on the date of Delivery,or If
partial Delivery,the portion of such payment for the Equipment on the separate dates of Delivery.
Article I.Rentals—The following terms shall apply if Customer is renting the Equipment from Company:
3. Rental Term. Company agrees to rent and Customer agrees to hire the Equipment,which for purposes of this article of the Terms shall include all attachments,
replacements,parts,substitutions,additions,repairs,accessions,and accessories Incorporated therein or affixed thereto(whether present upon Delivery or added
thereafter by Company or,with Company's prior written consent,Customer). The rental term(the"Term")begins at the earlier of(a)the Rental Start Date,or(b)the
time of Delivery,and continues until the Equipment Is returned to and properly received at Companys Location,but in no case shall the Term be less than the
Minimum Rental Period,if applicable.
4. Rental Charges&Payment. Upon the proper return of the Equipment,Company shall apportion the rental payment(rounding up to the next full rental day)by the
actual time of rental,less other fees and charges assessable hereunder as follows:the Term shall be separated Into whole rental 28 day periods,then Into partial rental
28 day periods,then into whole rental weeks,then into partial rental weeks,then Into whole rental days,and the rent shall be calculated by multiplying such divisions
by the applicable monthly,weekly,and/or daily rental charge(s). For partial rental periods(28 day periods or weeks),the rent shall be calculated using the lower of(1)
the full rental rate as if the Rental Period was not a partial Rental Period or Ili)the full rental rate of the next shortest Rental Period multiplied by the number of such
full and partial rental periods in the partial Rental Period for which the rent is being calculated. Rent for partial rental periods shall not be prorated,and at a minimum,
the full rent for the Minimum Rental Period shall be charged. In calculating the actual time of rental of the Equipment,the parties agree to use either the actual time
elapsed from the time when the Term begins or the hours of Equipment use as recorded on the hour meter provided on the Equipment,whichever method yields the
highest rental. A rental day shall be 24 hours elapsed,8 hours use;a rental week shall be seven calendar days elapsed,40 hours use;and a rental month shall be 28
days elapsed or 160 hours use. Company reserves the right to assess additional rental charges if in Company's reasonable determination,the Equipment was used for
more use hours than is allowed for the otherwise applicable time elapsed rental rate. Company shall have the right,at its discretion,to inspect the Equipment during
the Term to check the reading on an hour meter on the Equipment and for compliance with the terms of this Agreement.
S. Use of the Equipment. Customer agrees to use the Equipment only at the specified location. Customer agrees to comply with the terms of the Safety Clause set forth
In the Order. Customer acknowledges that,upon request,Company will offer to the Customer a training course In the proper use of the Equipment.
6. Indemnification. CUSTOMER SHALL INDEMNIFY,DEFEND,AND HOLD COMPANY,ITS AGENTS,EMPLOYEES,OFFICERS,DIRECTORS,OWNERS,INSURERS,AND THEIR
SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ALL LIABILITIES,OBLIGATIONS,LOSSES,DAMAGES,CLAIMS,PENALTIES,INJURIES(BOTH AS TO BODY AND
PROPERTY),INCLUDING CLAIMS ALLEDGEDLY RESULTING FROM THE NEGLIGENCE OF COMPANY,AND ALL COSTS AND EXPENSES THEREOF(INCLUDING ATTORNEYS'
FEES)IN ANY WAY RELATING TO OUR ARISING OUT OF THE EQUIPMENT,IN WHATEVER MANNER,IN CONNECTION WITH ANY EVENT OCCURING PRIOR TO THE PROPER
RETURN OF THE EQUIPMENT.
7. Risk of Loss,Limited Physical Damage Waiver&Insurance. Upon Delivery,Customer shall bear the entire risk of loss,damage,theft,or destruction of the Equipment
or any part thereof,from any and every cause whatsoever,which shall occur prlorto the proper return of the Equipment,and no such loss,damage,theft,or
destruction shall relieve Customer of its obligation to pay Rent or to comply with any other provision of this Agreement. As a condition precedent to Company's
obligations,unless Customer elects to pay to Company the PDW Fee described below,Customer,at Its expense,shall carry and maintain and provide Company an
acceptable certificate of insurance,showing coverage on the Equipment during the Term,physical damage Insurance providing"all risks"coverage for Equipment In an
amount not less than the fair market value of the Equipment. Such Insurance shall name Company or Its successor as loss payee or an additional insured. Such
Insurance shall include the insurer's obligation to give Company prior written notice of any lapse,cancellation,or material change to the policy.
At Customer's election or If Customer does not provide Company with acceptable certificate(s)of Insurance as outlined herein,Customer shall be charged for the
limited Physical Damage Waiver("POW"),and Customer will be charged the POW Fee(which shall be a percentage Indicated in the Order ofthe rent payable
hereunder,which may vary by the applicable rental period). If the Equipment is used in compliance with this Agreement and If Company receives the POW Fee,
WHICH IS NOT INSURANCE,then Company agrees to waive,to the extent specified herein,Customer's responsibility for loss or damage to the Equipment(but not any
other loss or damage,including damage to other property,real or person,or to person,which Is Customer's sole responsibility)for any amount in excess of the larger
of(a)$250 per Item of Equipment,except for loss due to theft;of(b)for theft 25%of the fair market value of each of the Equipment,not to exceed$1,000 per line.
Notwithstanding the foregoing,Customer will be liable for all loss or damage to the Equipment,up to the fair market value and expense of Company,if such loss or
damage results from or for damage to:(a)overloading,exceeding.rated capacity,neglect,abuse,intentional misuse;(b)tires and tubes from blow out,bruises,cuts,
flats or other causes;(c)use of Equipment in violation of the applicable manufacturer instruction manual;(d)Equipment not returned for any reason for theft by
persons not entrusted with the Equipment by Customer;(e)breaching any provision of this Amendment or the Agreements or of any applicable law,ordinance,or
regulation;or(h)Customer's negligence,including failure to protect the Equipment as a prudent person would protect his or her own equipment.
Customer acknowledges that Company does not provide any liability insurance and Customer shall be responsible for procuring liability Insurance covering any loss or
damages Including but not limited to,accidents and negligent operation of the Equipment. Customer and its Insurers agree to waive subrogation against Company and
Its insurers In all policies of Customer's Insurance. CUSTOMER ASSUMES ALL LIABILITY FOR THE OPERATION,USE AND TRANSPORTATION OF THE RENTED EQUIPMENT,
8. Maintenance Repairs,Condition Upon Return. Customer,at its sole expense,agrees to take reasonable care of the Equipment,and perform and provide all labor and
materials for normal operation and maintenance as specified in the operation and maintenance manual at the designated periods or when Indicated for the
Equipment,and rent shall not abate because of the need for such maintenance or materials. Customer shall not remove,alter,disfigure or cover up any numbering,
lettering or insignia displayed upon the Equipment. Any repairs or replacements made by Customer to the Equipment(or portion thereof)must be approved by
Company In advance,and In all cases Customer must use new parts and accessories of the same or greater quality than those original to the Equipment. Customer
agrees to return all Equipment to Company's location during regular business hours,in the same good condition and repair as when delivered,subject only to
reasonable wear and tear,and In accordance with Company's reasonable check-in procedures. An additional charge to return the Equipment to Its original condition
may be assessed(e.g.,cleaning,charges to bring fuel tank to full,etc.). Failure to return the Equipment as specified will result In additional rental charges and/or
liability for damages to or loss of the Equipment.
9. Default. Each of the following shall constitute an Event of Default hereunder:(a)Customer falls to make any payment of rent or other amount due to Company
when due;(b)Customer fails to return the Equipment to Company after termination;(c)Customer falls to perform or observe any other terms,covenants,or
conditions of this Agreement;(d)Any representation or warranty made by Customer herein or other document provided or executed by Customer shall be
false or misleading at any time in any material respect;(e)Customer's default in the performance or obligations under any other agreement now existing or
hereafter made with Company;(f)Customer ceases doing business as a going concern,transfers all or substantially all of its assets,becomes or Is adjudicated
Insolvent or bankrupt,makes an assignment for the benefit of creditors,or Customer institutes any bankruptcy,Insolvency,reorganization,dissolution,
liquidation,or similar proceedings;or(g)Company deems Itself Insecure. Customer shall promptly notify Company of the occurrence of any Event of Default
10. Default. Each of the following shall constitute an Event of Default hereunder;(a)Customer falls to make any payment of rent or other amount due to Company when
due;(b)Customer falls to return the Equipment to Company after termination;(c)Customer fails to perform or observe any other terms,covenants,or conditions of
this:Agreement;(d)Any representation or warranty made by Customer herein or other document provided or executed by Customer shall be false or misleading at any
time in any material respect;(e)Customers default in the performance or obligations under any other agreement now existing or hereafter made with Company;(f)
Customer ceases doing business as a going concern,transfers all or substantially all of its assets,becomes or Is adjudicated insolvent or bankrupt,makes an assignment
for the benefit of creditors,or Customer institutes any bankruptcy,insolvency,reorganization,dissolution,liquidation,or similar proceedings;or(g)Company deems
Itself insecure. Customer shall promptly notify Company of the occurrence of any Event of Default.
11, Remedies. Upon the occurrence of any Event of Default,Company may,with or without notice to Customer,exercise any remedy provided by law or equity or any one
or more of the following remedies,as Company in its sale discretion shall elect and such remedies shall be cumulative:(a)Require Customer,at Customer's expense,to
return any or all of the Equipment,or Company,at its option,may enter onto Customers premises and repossess and remove the Equipment,or render the Equipment
unusable without removal,and Company shall not be deemed to have committed a trespass by so doing;(b)Declare Immediately due and payable all Rents and other
amounts due or to become due;(c)Sell by public or private sale,release,hold,retain,or otherwise dispose of the Equipment in any manner Company chooses,free
and clear of any claims or rights of Customer and recover from Customer as damages as may be allowed under the Uniform Commercial Code;and(d)Immediately
terminate the Agreement upon notice,provided,however,that the exercise of the foregoing remedies by Company shall not constitute a termination of this
Agreement(including Customers obligation to pay rent)unless Company so elects.
12. Substitution of Equipment. Customer acknowledges that the Equipment is held by Company primarily for sale. At any ti me during the Term Company may substitute
for the Equipment any other equipment that performs substantially the same function as the Equipment,and from that paint through the remainder of the Term(or
unless again substituted)such substitution will constitute the Equipment hereunder. Upon notice,Customer will cause the Equipment to be available for substitution
at the location specified in the Order or at such location as the parties may agree and otherwise comply with the terms of this Agreement regarding return of the
Equipment. Customer will sign such documents presented by Company evidencing such substitution,the condition of the Equipment returned,and the nature and
condition of the substitute Equipment. Customer must update any Insurance certificates or other documents to reflect the substitute Equipment.
13. Ownership of Equipment,Assignment&Nature of Transaction. Company retains all right and title to the Equipment. Customer shall not sublease,assign,dispose,or
relinquish possession or control of all or any part of this Agreement or the Equipment or any of its rights or obligations without the prior written consent of Company.
Company may,without notice to Customer,assign or sell Its Interest in,grant a security interest in,or otherwise transfer,in whole or In part,this Agreement or any or
all of the Equipment or any of its rights,interests,or obligations with respect thereto,to one or more persons. To the extent permitted by law,Customer shall not
assert against any assignee any claim,defense,counterclaim,or set-off that Customer may at any time have against Company. Customer agrees to defend Company's
title and keep the Equipment free of all liens,claims,and encumbrances. It is the intent of Customer and Company that this Agreement is a true lease and not a sale or
secured loan.
Article III. General Terms—The following terms shall apply to the relationship between Company and Customer,regardless of whetherthe Equipment Is purchased or
rented,subject to the conditions set forth:
14. Delivery,Shipping,Acceptance. Customer shall pick up the Equipment at Company's business location specified in the Order("Company's Location")Immediately
upon notification that the Equipment Is available at Company's location("Delivery"). If Company agrees In the Order to cause the Equipment to be shipped to
Customer and If shipment is delayed due to unavailability of Customer facilities or any other cause,Customer hereby requests and authorizes Company to store the
Equipment itself or ship the Equipment to storage of Company's choosing. Customer shall be responsible for and shall reimburse Company for all storage-related
charges,including insurance and shipping costs. Company shall be authorized to make partial Delivery or shipments of the Equipment. Promptly after Delivery,
Customer shall inspect the Equipment,and unless the actions of Customer otherwise indicate acceptance,the Equipment shall be deemed to be irrevocably accepted
by Customer upon the earlier of(a)a reasonable time for inspection(not to exceed three(3)days after Delivery),or(b)actual use of the Equipment by Customer.
Company reserves the right,at Its sale discretion,to substitute the Equipment with other equipment of the same material functionality.
15. Limitation of Actions,Survival. No action shall be maintained by Customer against Company unless written notice of any claim alleged to exist is delivered by Customer
to Company within thirty(30)days after the event complained of first becomes known to Customer,but in no case may any Customer maintain an action against
Company unless the same by brought within one(1)year after the cause of action shall accrue. The provisions on the front of this Agreement and Sections 5,6,7,8,9,
10,11,12 and Article III shall survive the termination of this Agreement.
16. Binding Effect. This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and each of their respective heirs,administrators,
executors,personal representatives,and permitted successors and assigns. Except to the extent prohibited by law,no third party shall be the beneficiary to any of the
rights or obligations hereunder(including,but not limited to,warranty obligations).
17. Force Majure. Notwithstanding anything contained herein,Company shall have no obligation or liability and shall not be considered In default hereunder for its failure
due to(a)any cause not reasonably within the control of Company,Including,but not limited to,fire,explosion,riot,acts of war or terror,sets of God,civil
disturbances,floods,earthquakes,and casualties similar In nature to the foregoing,strikes,lock-out,and other labor disturbances,or(b)delays caused by shippers,
vendors,or suppliers of Company,or destruction or significant damage to the Equipment. Should events occur which would give rise to Customers claim that
Company is in default hereunder,Customer shall first give Company thirty(30)days written notice of claim during which time Company may cure any claimed default
and incur no liability therefore.
18. Taxes. Except for amounts attributable to Company's net income,Customer shall be solely responsible for the amount of all federal,state,and local taxes,duties,
imposts,tariffs,or other similar levies arising out of or related to the performance of this Agreement. Customer Indemnifies and holds Company harmless from the
payment of any such taxes,plus any penalties,interest,or costs connected with the imposition of the same.
19. Additional Remedies,Further Assurance. No failure or delay by Company to exercise any right or remedy hereunder shall operate as a continuing waiver thereof.
Additionally,Customer shall be liable for all damages,costs,expenses(Including attorneys'fees)Incurred or to be incurred by Company by reason of the occurrence of
any breach or threatened breach of this Agreement,including any Event of Default,or the exercise of Company's remedies thereto,and all incidental and
consequential damages. Without limitation of its other remedies,should Customer fail to perform any obligations hereunder,Company,In its sole option and without
obligation,may perform or have performed such obligation on Customer's behalf,and Customer shall be liable for the costs thereof. In order to confirm Company's
Interest In the Equipment,Customer agrees that this Agreement shall constitute a security agreement for the Equipment,and promptly upon request,Customer shall,
at its expense,do any act and execute,acknowledge,deliver,file,register,record,and ratify all documents requested by Company to perfect Company's Interest in the
Equipment,including but not limited to,any financing statements. Customer hereby Irrevocably appoints Company Its attorney-In-fact to do such acts and to execute
and file all such documents on Customers behalf,and which power is delegable by Company,which such appointment and power shall be coupled with an interest.
20. Notices. All notices required or permitted under this Agreement shall be in writing and personally delivered or mailed,by certified mail,return receipt requested,and
addressed to Company at Company's Location and to Customer in the following preference;the Shipping Location,the address where Invoices are sent,any address of
any of Customer's places of business,or where Customer may be served by legal process.
21. Choice of Law/Forum. This Agreement shall be governed exclusively by the laws of the State of Kansas with regard to the rules governing conflicts of law. Any action
arising out of or related to the Agreement shall be brought exclusively in a court sitting in Sedgwick County,Kansas;but,unless Customer is a"consumer"within the
meaning of the Kansas Consumer Protection Act(KSA 50-623,at seq.)as may be In effect from time to time("KCPA"),the provisions of the KCPA shall not apply to this
Agreement of the parties hereto.
ATEjM
''lam°® CERTIFICATE OF PROPERTY INSURANCE D10/9/DO015
10 9 2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
If this certificate Is being prepared for a party who has an Insurable interest In the property,do not use INS form. Use ACORD 27 or ACORD 23,
PRODUCER CONTACT Janet Pittenger
Cowell Insurance Group Inc. PHONE (-16)778-0742 FAX 81$)OS2-214$
10525 NW Ambassador Drive a'(
Suite 301
'MAIL .jpittenger@cowelline.com
Kansas City NO 64153 PRODUCER D. 00000569
INSURERSAFFORDING COVERAGE NAIC0
INSURED
City of Riverside INSURER A:Em 10 exH Mutual Casualty 1415
2950 NW Vivion Road INSURER D:
INSURER C:
Riverside MO 69150 INSURER O:
INSURER E
INSURER
COVERAGES CERTIFICATE NUMBER:1516 IM REVISION NUMBER:
LOCATION OF PREMISES/DESCRIPTION!OF PROPERTY(Attach ACORD 101,Additional Remarks Siheduia,if more space Is required)
S.Bobcat E35 Excavator,SN: AR1K227 with Extendable Arm and 2411 X-Change Standard Duty Bucket with Weld-On
Teeth 2.Bobcat S650 Skid-Steer Loader, SN:ALJ1816074, with 74C/I Bucket with Bolt-On Teeth 6 Cutting Edge
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTNE POLICY EXPIRATION
LTR DATEIMWDDFrr(Y) DATE(MWOD/YYYY) COVEREOPROPERTY LIMITS
PROPERTY
BUILDING $
CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $
BASIC BUILDING
BUSINESS INCOME $
BROAD CONTENTS EXTRA EXPENSE
$
SPECIAL
RENTAL VALUE $
EARTHQUAKE BLANKET BUILDING
$
WIND BLANKET PERS PROP $
FLOOD BLANKET BLDG E Pie S
S
5
A X INLANDMARINE TYPE OF POLICY 1 Dahrctble$1,000 $
CAUSES OF LOSS 2 OeduGtle$1000
S 42,561
NAMED PERILS POLICYNUMBER $
Ix AIIRuk 1x7552616 5/29/2015 5/29/2016 3
CRIME
TYPE OF POLICY
$
S
BOILERS MACHINERY/
EQUIPMENT BREAKDOWN S
5
4
S
SPECIAL CONDITIONS I OTHER COVERAGES(Attach ACORD 101,Additional Remarke Schedule,If more space Is required)
Certificate Holder is named as loss payee
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Kansas State Bank ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 69
Manhattan, KS 66505-0069 AUTHORIZED REPRESEINATNE
,Janet-�Pitt, er/JANET
ACORD 24(2009/09) 01996.2009 ACORD CORPORATION. All rights reserved.
INS024 RDDeoe) The ACORD name and logo are registered marks of ACORD
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBERAGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE KANSAS STATE BANK
2950 NW VIVION RD PO BOX 69
RIVERSIDE MO 64150 1010 WESTLOOP
MANHATTAN KS 66505-0069
Memorandum Coverage Period: 12:01 a.m.1-1-2015 to 12:01 a.m.1-1-2016
Memorandum Number: 1002 Policy Number: LP-1002-201501
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth In Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Premise and Operations • Underground.Explosion and Collapse Hazards
• Contractual • Products/Complete Operations
• Broad Form Property Damage • Nurses'Malpractice Liability
• Garage Liability • Public Officials Errors and Omissions
• Owned,Non Owned or Hired Automobiles • Personal Injury
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:
Additional Covered Party
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!SPECIAL ITEMS:
Bobcat 565Excavator itrr Loade�$enslK�o AL1816074
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: C>�a� \/� Date: 10-9-2015
M602A(Ed.1-00)
MUESPHINGs,MO6f016 Invoice Number: 18523568
2209 W 90 HWY/(816)229 %
AnFAXR(616)229-7631 Invoice Date: October 5, 2015
Pl CBy,MO 606]9 OU THF,K W061
ELL
891 #(8 16)
31.30 909-3020 1220 FAX#(HAMILTON CIRCLE/(913)829-Ifi00
FAX p(816j 431.3002 FAX9(913)8294552
SOLD: CITY OF RIVERSIDE SHIPPED:
2950 NW VIVION ROAD
RIVERSIDE, MO 65150 ld 331 000 4 '$4001
Cust Order No. Date Entered Ordered By Written By ( Approved By Salesman No.
18523333 10/5/2015 1 AARON KEVIN 705
Ship Via: Name of Carrier Date Shipped Shipped From F.O.B. Prepaid Collect
orty Equipment Description Serial Number Equip No. Unit Price Amount
1 MUNI ROLLOUT S650 ALJ816074 1/1 y171/ $6,500.00 $6,500.00
1 MUNIROLLOUTE35 ARIK12227 /S $6,500.00 $6,500.00
DUE UPON RECEIPT
SUBTOTAL $13,000.00
Freight
Delivery Charges
TERM: Net upon receipt of invoice unless otherwise Doc Fee
indicated. Finance Charge
State Sales Tax
IMPORTANT: To insure proper credit, please indicate Local
invoice number on check when making payment. Sales
Tax
INTEREST: Will be charged on past due accounts at Tax Exempt#
the highest lawful rate not to exceed 1.8%per month. TOTAL $13,000.00
# lua Olathe,KS 66061 plettZlty,M 410W8
West 40 Nwy ❑ 1220 S Hamilton Cl, �' 801 Main
KC BObCB� 818 229'008/Fax(818 22&783 913 829-4600/Fan 91382&1552 818 43 b3X to Fax 816 431-3002
}a)1 Oder Date: 10/05/15
Customer Number 40712 Contact Name Tom To be delivered on or about the
INVOICE TO: City of Riverside F.O.S. Shipped From
-IBOPEP'C4!
Street Address 4200 NW Riverside St SHIP TO/JOS LOCATION:
P.O.Box Job Site Phone
COLLECT
City and Slate Riverside MO 65150 VIA PREPAID T-
CustomerPh.# 816590.4724 Pureness Oder#1
r RENTAL F FINANCE r PAYMENT
Subject to the terns and conditions of this Order and the Tense contained on the reverse aide,the followng customer 'Customer' pumhases/rom from KC Bobcat 'KC' Me folloWng described Equl menC
EQUIP.NO OTY. NFO. MODEL NR.METER DESCRIPTION SERIAL NO. PRICE
1114174 1 BC S-650 / New 5850,A91,SJC AUat6W4 $ 42.567.00
1106406 1 BC 74•C/I WA New 74'C/1 Tooth Ed 1106406 $
1106407 1 SC 74'CB WA New 74'Cil Smooth Bkt 1108407 $
1114415 1 BC E-35 1 New E-35.A9t,angle blade,and thumb,Raido AR11<12227 $ 46,2418.00
1101228 1 BC 24-Bkt ma New 24-SO Bucket 1101228 $
TRADE IN EQUIPMENT
EQUIP.NO OTY. MFG. MODEL HR.METER DESCRIPTION SERIAL NO. PRICE
COMMENTS: PRICE $ 88,855.00
12 month muni roll out program. One time payment of$13000 collected at delivery, ALLOWANCE
NET DIFFERENCE $ 88,855.00
SALES TAX TAX EXEMPT
DOWN PAYMENT
LOANPAYOFFAMOUNT
UCC-1/DOCUMENTATION FEE
TOTAL $ 88,8550
TM under51gns0 COv¢NnU to W the IewNl and legal Owner of the some descrlOW equipment,and guarantees It to be free from all mortgagee,mechanlC911mN, ael0a q@ntfaftb,01 Omxmbrenuoe of em/KMtl
whatsoever with no anc¢PBons.
X
W NEW FACTORY WARRANTY a EXT FACTORY WAR 36 MontlV2000 hr Protection Plus warranty N
r USED EO.SPECIAL TERMS Dew i EXT EPG WARRANTI t
( NO WARRANTY EXPRESSED OR IMPLIED uvn1AL
L41IBed Physical Damage Weiner PDW Note:A late payment fee will be charged on all amounts past due at the hl heal lawful tale not to exceed 1.8%per month.
By your Initials,on you accept the terms of the POWdescribeda WARRANTIES. COMPANY SELLS OR RENTS THE EQUIPMENT'AS IS,"AND MAKES NO WARRANTIES,EITHER EXPRESS OR
paragraph 7 on the reverse side and payment W Me PDW Fee IMPLIED CONCERNING THE EOUIPMENT.INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF FITNESS FOR A PARTICULAR
set forth above. I L PURPOSE, MERCHANTABILITY,OR INFRINGMENT. CUSTOMER EXPRESSLY DISCLAIMS ANY RELIANCE ON OTHER STATEMENTS
MADE BY COMPANY OR NS AGENTS.
Safety Clause Customer muN initiel
Customer acknowledges and agrees that(a)Customer has LIMITATION F UABIUTY. COMPANY'Si Y CLAIM OF ANY KIND WHETHER ARISINGF CONTRACT,STRICT
received all manufacturem'operation manuals pertaining to the IA R OTHER LEGAL THEORY FOR ANY LOSS OR DAMAGE ARISING OUT OF,
Equipment,(b)Customer shall be solely responsible for the CONNECTED WTH. R FIES ULTING FROM THIS AGREEMENT, FROM THE PERFORMANCE OF BREACH THEREOF,OR FROM
training of all competent operators in and the Safe and legal THE SALUBENTAL DELIVERY.RESALE/RERENTAL OR REPAIR OF ANY GOODS COVERED BY OUR FURNISHED UNDER TRIS
operation of the Equipment within its specified performance AGREEME14T SHALL IN NO CASEEXCEED THE TQT-AL PURCHASE PRICE OR RENTAL HARG MADE TO COMPANY ALLOCABLE
capabilities,(c)Company has offered the Customer instruction TO THE EQUIPMENT WHICH GIVES RISE TO THE IM. IN NO EVENT SHALL COMPANY BE LIABLE FOFJ ANY INDIRECT,
in the proper use of the Equipment,(d)Customer,at hs sole EXEMELARY.CONSEQUENTIAL OR PUNITIVEPROFIt AND COST OF COVER
expense,wit comply with all federal,state and local Is",
regulations,and ordinances,relating to the use of the INI AL THE LAWS OF SOMEAS DO NOT PERMIT IN LIMFLATONS ON WARRANTES OR REMEDIES. IN THE A
Equipment,Including without limitation,the regulations of the LAW APPLIES.THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE AMENDED INSOFAR AND ONLY INSOFAR.AS REQUIRED BY
Occupational Safety and Health Administration. X SAID LAWS,
Entire Agreement(Customd,must inlfiap
I HAVE READ,UNDERSTAND,AN GREE WITH ALL OF THESE TERMS AND THOSE CONTAINED ON THE REVERSE SIDE.
This Agreement,including the terms on the reverse side, CUSTOMER(purchaser or leas
represents the entire understanding of the parties,and this
Agreement supersedes any prior agreements(oral or written) ar mLe o#r@
regarding the matters outlined herein. No tens or provision of
this Agreement may be amended,Shared waived discharged _
or terminated except by written instrument signed by authorized If /
representatives of the parties hereto,and shall not be modified NRMLL ES E FINPl
or interpreted by reference to any prior course of dealing,usage PRINT NAME:es;
.�
of'reds or courseof edormance. % O
19
Taken O,'. Aaron Terrimry Aaron Account by. Adon creau
TERMS AND CONDITIONS
As Hsed heieln,"Company"shall mean the entity selling or renting the Equipment,"Customer"shall mean the person purchasing or renting the Equipment as listed in the
order on the reverse side hereof,and"Equipment"shall mean the goods specified in the Order(as modified below). All other capitalized terms areas defined in the Order
or below.
Article I.Sales-The following terms shall apply if Customer is purchasing the Equipment from Company:
1. Safe of Equipment and Delivery. Subject to available Inventory,Company shall sell and Customer shall purchase the Equipment F.O.B.Company's Location(as defined
below)on the Delivery Date(as defined below),and all risk of loss shall pass to Customer upon Delivery(as defined below).
2. Price and Payment. Unless otherwise specified herein,payment In full of the full amount indicated In the Order shall be made to Company on the date of Delivery,or If
partial Delivery,the portion of such payment for the Equipment on the separate dates of Delivery.
Article II.Rentals—The following terms shall apply If Customer is renting the Equipment from Company:
3. Rental Term. Company agrees to rent and Customer agrees to hire the Equipment,which for purposes of this article of the Terms shall Include all attachments,
replacements,parts,substitutions,additions,repairs,accessions,and accessories Incorporated therein or affixed thereto(whether present upon Delivery or added
thereafter by Company or,with Company's prior written consent,Customer). The rental term(the"Term")begins at the earlier of(a)the Rental Start Date,or(b)the
time of Delivery,and continues until the Equipment is retumed to and properly received at Company's Location,but in no case shall the Term be less than the
Minimum Rental Period,if applicable.
4. Rental Charges&Payment. Upon the proper return of the Equipment,Company shall apportion the rental payment(rounding up to the next full rental day)by the
actual time of rental,less other fees and charges assessable hereunder as follows:the Term shall be separated into whole rental 28 day periods,then Into partial rental
28 day periods,then into whole rental weeks,then Into partial rental weeks,then Into whole rental days,and the rent shall be calculated by multiplying such divisions
by the applicable monthly,weekly,and/or daily rental chargers). For partial rental periods(28 day periods or weeks),the rent shall be calculated using the lower of(I)
the full rental rate as If the Rental Period was not a partial Rental Period or(ii)the full rental rate of the next shortest Rental Period multiplied by the number of such
full and partial rental periods in the partial Rental Period for which the rent Is being calculated. Rent for partial rental periods shall not be prorated,and at a minimum,
the full rent for the Minimum Rental Period shall be charged. In calculating the actual time of rental of the Equipment,the parties agree to use either the actual time
elapsed from the time when the Term begins or the hours of Equipment use as recorded on the hour meter provided on the Equipment,whichever method yields the
highest rental. A rental day shall be 24 hours elapsed,8 hours use;a rental week shall be seven calendar days elapsed,40 hours use;and a rental month shall be 28
days elapsed or 160 hours use. Company reserves the right to assess additional rental charges if In Company's reasonable determination,the Equipment was used for
more use hours than is allowed for the otherwise applicable time elapsed rental rate. Company shall have the right,at Its discretion,to Inspect the Equipment during
the Term to check the reading on an hour meter on the Equipment and for compliance with the terms of this Agreement.
5. Use of the Equipment. Customer agrees to use the Equipment only at the specified location. Customer agrees to comply with the terms of the Safety Clause set forth
in the Order. Customer acknowledges that,upon request,Company will offer to the Customer a training course in the proper use of the Equipment.
6. Indemnification. CUSTOMER SHALL INDEMNIFY,DEFEND,AND HOLD COMPANY,ITS AGENTS,EMPLOYEES,OFFICERS,DIRECTORS,OWNERS,INSURERS,AND THEIR
SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ALL LIABILITIES,OBLIGATIONS,LOSSES,DAMAGES,CLAIMS,PENALTIES,INJURIES(BOTH AS TO BODY AND
PROPERTY),INCLUDING CLAIMS ALLEDGEDLY RESULTING FROM THE NEGLIGENCE OF COMPANY,AND ALL COSTS AND EXPENSES THEREOF(INCLUDING ATTORNEYS'
FEES)IN ANY WAY RELATING TO OUR ARISING OUT OF THE EQUIPMENT,IN WHATEVER MANNER,IN CONNECTION WITH ANY EVENT OCCURING PRIOR TO THE PROPER
RETURN OF THE EQUIPMENT.
7. Risk of Loss,Limited Physical Damage Waiver&Insurance. Upon Delivery,Customer shall bear the entire risk of loss,damage,theft,or destruction of the Equipment
or any part thereof,from any and every cause whatsoever,which shall occur priorto the proper return of the Equipment,and no such loss,damage,theft,or
destruction shall relieve Customer of its obligation to pay Rent or to comply with any other provision of this Agreement. As a condition precedent to Company's
obligations,unless Customer elects to pay to Company the PDW Fee described below,Customer,at its expense,shall carry and maintain and provide Company an
acceptable certificate of insurance,showing coverage on the Equipment during the Term,physical damage insurance providing"all risks"coverage for Equipment In an
amount not less than the fair market value ofthe Equipment. Such insurance shall name Company or Its successor as loss payee or an additional insured. Such
insurance shall include the insurers obligation to give Company prior written notice of any lapse,cancellation,or material change to the policy.
At Customers election or If Customer does not provide Company with acceptable certlficate(s)of insurance as outlined herein,Customer shall be charged for the
limited Physical Damage Waiver("PDW"),and Customer will be charged the PDW Fee(which shall be a percentage indicated in the Order of the rent payable
hereunder,which may vary by the applicable rental period). If the Equipment is used in compliance with this Agreement and if Company receives the PDW Fee,
WHICH IS NOT INSURANCE,then Company agrees to waive,to the extent specified herein,Customers responsibility for loss or damage to the Equipment(but not any
other loss or damage,including damage to other property,real or person,or to person,which is Customers sole responsibility)for any amount in excess of the larger
of(a)$250 per Rem of Equipment,except for loss due to theft;of(b)for theft 25%of the fair market value of each of the Equipment,not to exceed$1,000 per line.
Notwithstanding the foregoing,Customer will be liable for all loss or damage to the Equipment,up to the fair market value and expense of Company,if such loss or
damage results from or for damage to:(a)overloading,exceeding rated capacity,neglect,abuse,intentional misuse;(b)tires and tubes from blow out,bruises,cuts,
flats or other causes;(c)use of Equipment In violation of the applicable manufacturer Instruction manual;(d)Equipment not returned for any reason for theft by
persons not entrusted with the Equipment by Customer;(e)breaching any provision of this Amendment or the Agreements or of any applicable law,ordinance,or
regulation;or(h)Customers negligence,including failure to protect the Equipment as a prudent person would protect his or her own equipment.
Customer acknowledges that Company does not provide any liability insurance and Customer shall be responsible for procuring liability insurance covering any loss or
damages including but not limited to,accidents and negligent operation of the Equipment. Customer and its Insurers agree to waive subrogation against Company and
its insurers in all policies of Customers Insurance. CUSTOMER ASSUMES ALL LIABILITY FOR THE OPERATION,USE AND TRANSPORTATION OF THE RENTED EQUIPMENT.
8. Maintenance Repairs,Condition Upon Return. Customer,at Its sole expense,agrees to take reasonable care of the Equipment,and perform and provide all labor and
materials for normal operation and maintenance as specified in the operation and maintenance manual at the designated periods or when Indicated for the
Equipment,and rent shall not abate because of the need for such maintenance or materials. Customer shall not remove,alter,disfigure or cover up any numbering,
lettering or insignia displayed upon the Equipment. Any repairs or replacements made by Customer to the Equipment(or portion thereof)must be approved by
Company In advance,and in all cases Customer must use new parts and accessories of the same or greater quality than those original to the Equipment. Customer
agrees to return all Equipment to Company's location during regular business hours,In the same good condition and repair as when delivered,subject only to
reasonable wear and tear,and in accordance with Company's reasonable check-in procedures. An additional charge to return the Equipment to its original condition
may be assessed(e.g.,cleaning,charges to bring fuel tank to full,etc.). Failure to return the Equipment as specified will result in additional rental charges and/or
liability for damages to or loss of the Equipment.
9. Default Each of the following shall constitute an Event of Default hereunder:(a)Customer fails to make any payment of rent or other amount due to Company
when due;(b)Customer falls to return the Equipment to Company after termination;(c)Customer fails to perform or observe any other terms,covenants,or
conditions of this Agreement;(d)Any representation or warranty made by Customer herein or other document provided or executed by Customer shall be
false or misleading at anytime in any material respect;(e)Customers default In the performance or obligations under any other agreement now existing or
hereafter made with Company;(f)Customer ceases doing business as a going concern,transfers all or substantially all of Its assets,becomes or is adjudicated
Insolvent or bankrupt makes an assignment for the benefit of creditors,or Customer institutes any bankruptcy,Insolvency,reorganization,dissolution,
liquidation,or similar proceedings;or(g)Company deems itself insecure. Customer shall promptly notify Company of the occurrence ofany Event of Derault
30. Default. Each of the following shall constitute an Event of Default hereunder:(a)Customer fails to make any payment of rent or other amount due to Company when
due;lb)Customer falls to return the Equipment to Company after termination;(c)Customer falls to perform or observe any other terms,covenants,or conditions of
this Agreement;(d)Any representation or warranty made by Customer herein or other document provided or executed by Customer shall be false or misleading at any
time in any material respect;(e)Customer's default in the performance or obligations under any other agreement now existing or hereafter made with Company;(f)
Customer ceases doing business as a going concern,transfers all or substantially all of its assets,becomes or is adjudicated insolvent or bankrupt,makes an assignment
for the benefit of creditors,or Customer Institutes any bankruptcy,insolvency,reorganization,dissolution,liquidation,or similar proceedings;or(g)Company deems
itself insecure. Customer shall promptly notify Company of the occurrence of any Event of Default.
11. Remedies. Upon the occurrence of any Event of Default,Company may,with or without notice to Customer,exercise any remedy provided by law or equity or any one
or more of the following remedies,as Company In Its sole discretion shall elect and such remedies shall be cumulative:(a)Require Customer,at Customer's expense,to
return any or all of the Equipment,or Company,at Its option,may enter onto Customer's premises and repossess and remove the Equipment,or render the Equipment
unusable without removal,and Company shall not be deemed to have committed a trespass by so doing;(b)Declare Immediately due and payable all Rents and other
amounts due or to become due;(c)Sell by public or private sale,release,hold,retain,or otherwise dispose of the Equipment in any manner Company chooses,free
and clear of any claims or rights of Customer and recover from Customer as damages as may be allowed under the Uniform Commercial Code;and(d)Immediately
terminate the Agreement upon notice,provided,however,that the exercise of the foregoing remedies by Company shall not constitute a termination of this
Agreement(including Customers obligation to pay rent)unless Company so elects.
12. Substitution of Equipment. Customer acknowledges that the Equipment is held by Company primarily for sale. At any time during the Term Company may substitute
for the Equipment any other equipment that performs substantially the same function as the Equipment,and from that point through the remainder of the Term(or
unless again substituted)such substitution will constitute the Equipment hereunder. Upon notice,Customer will cause the Equipment to be available for substitution
at the location specified in the Order or at such location as the parties may agree and otherwise comply with the terms of this Agreement regarding return of the
Equipment. Customer will sign such documents presented by Company evidencing such substitution,the condition of the Equipment returned,and the nature and
condition of the substitute Equipment. Customer mus[update any Insurance certificates or other documents to reflect the substitute Equipment.
13. Ownership of Equipment,Assignment&Nature of Transaction. Company retains all right and title to the Equipment. Customer shall not sublease,assign,dispose,or
relinquish possession or control of all or any part of this Agreement or the Equipment or any of its rights or obligations without the prior written consent of Company.
Company may,without notice to Customer,assign or sell its Interest in,grant a security Interest In,or otherwise transfer,In whole or in part,this Agreement or any or
all of the Equipment or any of its rights,Interests,or obligations with respect thereto,to one or more persons. To the went permitted by law,Customer shall not
assert against any assignee any claim,defense,counterclaim,or set-off that Customer may at any time have against Company. Customer agrees to defend Company's
title and keep the Equipment free of all liens,claims,and encumbrances. It is the Intent of Customer and Company that this Agreement is a true lease and not a sale or
secured loan.
Article III. General Terms—The following terms shall apply to the relationship between Company and Customer,regardless of whether the Equipment is purchased or
rented,subject to the conditions set forth:
14. Delivery,Shipping,Acceptance. Customer shall pick up the Equipment at Company's business location specified in the Order("Company's Location")Immediately
upon notification that the Equipment is available at Company's location("Delivery"). If Company agrees In the Order to cause the Equipment to be shipped to
Customer and if shipment is delayed due to unavailability of Customer facilities or any other cause,Customer hereby requests and authorizes Company to store the
Equipment itself or ship the Equipment to storage of Company's choosing. Customer shall be responsible for and shall reimburse Company for all storage-related
charges,including insurance and shipping costs. Company shall be authorized to make partial Delivery or shipments of the Equipment. Promptly after Delivery,
Customer shall inspect the Equipment,and unless the actions of Customer otherwise indicate acceptance,the Equipment shall be deemed to be Irrevocably accepted
by Customer upon the earlier of(a)a reasonable time for Inspectlon(not to exceed three(3)days after Delivery),or(b)actual use of the Equipment by Customer.
Company reserves the right,at Its sole discretion,to substitute the Equipment with other equipment of the same material functionality.
15. Limitation of Actions,Survival. No action shall be maintained by Customer against Company unless written notice of any claim alleged to exist Is delivered by Customer
to Company within thirty(30)days after the event complained of first becomes known to Customer,but in no ase may any Customer maintain an action against
Company unless the same by brought within one(1)year after the cause of action shall accrue. The provisions on the front of this Agreement and Sections 5,6,7,8,9,
10,11,12 and Article III shall survive the termination of this Agreement.
16. Binding Effect. This Agreement shall Inure to the benefit of and be binding upon each of the parties hereto and each of their respective heirs,administrators,
executors,personal representatives,and permitted successors and assigns. Except to the extent prohibited by law,no third party shall be the beneficiary to any ofthe
rights or obligations hereunder(including,but not limited to,warranty obligations).
17. Force Majure. Notwithstanding anything contained herein,Company shall have no obligation or liability and shall not be considered in default hereunder for Its failure
due to(a)any cause not reasonably within the control of Company,Including,but not limited to,fire,explosion,riot,acts of war or terror,acts of God,civil
disturbances,Roods,earthquakes,and casualties similar in nature to the foregoing,strikes,lock-out,and other labor disturbances,or(b)delays caused by shippers,
vendors,or suppliers of Company,or destruction or significant damage to the Equipment. Should events occur which would give rise to Customer's claim that
Company Is In default hereunder,Customer shall first give Company thirty(30)days written notice of claim during which time Company may cure any claimed default
and Incur no liability therefore.
18. Taxes. Except for amounts attributable to Company's net income,Customer shall be solely responsible for the amount of all federal,state,and local taxes,duties,
imposts,tariffs,or other similar levies arising out of or related to the performance of this Agreement. Customer indemnifies and holds Company harmless from the
payment of any such taxes,plus any penalties,Interest,or costs connected with the imposition of the same.
19. Additional Remedies,Further Assurance. No failure or delay by Company to exercise any right or remedy hereunder shall operate as a continuing waiver thereof.
Additionally,Customer shall be liable for all damages,costs,expenses(including attorneys'fees)Incurred or to be Incurred by Company by reason of the occurrence of
any breach or threatened breach of this Agreement,including any Event of Default,or the exercise of Company's remedies thereto,and all Incidental and
consequential damages. Without limitation of its other remedies,should Customer fall to perform any obligations hereunder,Company,In Its sole option and without
obligation,may perform or have performed such obligation on Customer's behalf,and Customer shall be liable for the costs thereof. In order to confirm Company's
interest In the Equipment,Customer agrees that this Agreement shall constitute a security agreement for the Equipment,and promptly upon request,Customer shall,
at Its expense,do any act and execute,acknowledge,deliver,file,register,record,and ratify all documents requested by Company to perfect Company's Interest in the
Equipment,including but not limited to,any financing statements. Customer hereby irrevocably appoints Company Its attorney-in-fact to do such acts and to execute
and file all such documents on Customers behalf,and which power Is delegable by Company,which such appointment and power shall be coupled with an interest.
20. Notices. All notices required or permitted under this Agreement shall be in writing and personally delivered or mailed,by certified mail,return receipt requested,and
addressed to Company at Company's Location and to Customer in the following preference;the Shipping Location,the address where Invoices are sent,any address of
any of Customers places of business,or where Customer may be served by legal process.
21. Choice of Law/Forum. This Agreement shall be governed exclusively by the laws of the State of Kansas with regard to the rules governing conflicts of law. Any action
arising out of or related to the Agreement shall be brought exclusively in a court sitting in Sedgwick County,Kansas;but,unless Customer is a"consumer'within the
meaning of the Kansas Consumer Protection Act(KSA 50-623,et seq.)as may be in effect from time to time("KCPA"),the provisions of the KCPA shall not apply to this
Agreement or the parties hereto.
KC Bobcat Purchase Policies
Service Loaner Policy - I've read and understand this policy !1-8-/s
�a J,
K.C. Bobcat will be pleased to provide you with a service loaner in the event that your Bobcat Compa Equipment is in the
K.C. Bobcat Service Department under the terms of the original full machine warranty period.**
K.C. Bobcat will make every effort to provide you with a machine of similar capacity, but due to the significant difference in
machine options we cannot guarantee an exact match.
Customer is responsible for transportation of loaner unit to and from one of K.C. Bobcat's three convenient locations. K.C.
Bobcat's trucking department can provide transportation at fair market value and surcharges may apply. Fuel is also the
responsibility of the customer when utilizing our loaner units.
Travel time and transportation of your Bobcat loader from the location of operation to K.C. Bobcat's service department for
warranty repairs are not covered and are the responsibility of the owner.
*EXCLUSIONS: K.C. Bobcat will not provide service loaners for demolition, abatement, or tree shear applications. K.C.
Bobcat reserves the right to refuse service loaners for applications deemed abusive. In the event that damage is incurred to
a service loaner while it is on loan, customer will be responsible for all damages and will be billed for all repairs. Customer
is also responsible for insuring service loaner during use.
Field Service- I've read and understand this policy /o-8-�S
P'.% e.4.
For your convenience K.C. Bobcat has field service available from each of our 3 locations. owever,the customer is
responsible for all charges above and beyond warranty coverage's, including but not limited to travel and drive time.
Used Machine Warranty
• Expires thirty days from purchase or once machine has acquired fifty hours of usage, whichever is first
• K.C. Bobcat and customer will each be responsible for 50%of costs
• Drive-train only
• Does not include electric, hoses,tube lines, or external damage
• Does not include transportation or loaner
Used machine sale includes limited warranty
Used machine is sold as is and does not include used machine warranty
**Your Bobcat loader warranty begins on the date you receive delivery as the original buyer. The warranty covers defects in material and
workmanship for twelve months after deliveryto the original buyer by K.C. Bobcat. K.C.Bobcat shall repair or replace,at Bobcat Company's option,
without charge for parts and labor,any part of the Bobcat loader which fails because of defects in material or workmanship during the warranty
period,except as otherwise specified in the warranty policy. Warranty does not cover scheduled maintenance service such as:lubrication,oil,filters,
tune-up parts and other high-wear items.(See your Operation&Maintenance Manual for details). The owner is responsible for repair costs due to
damages resulting from abuse,accidents,alterations,use of the Bobcat loader with any accessory or attachment not approved by Bobcat Company,air
flow obstructions,or failure to maintain or use the product In accordance with the Operation&Maintenance Manual.
I've read all of the above policies and fully understand them. Any questions that I have about them have been
answered by my K.C. Bobcat sal 9fassociatti
Signature of Customer: ig ture of Sales Associate:
t
Print Name: fpaorU mr 115 41 Date: /O-9-JS
KC Bobcat
801 Main St
Platte City, MO 64079
ROLL OUT PROGRAM
KC Bobcat has a Roll Out Program where by CITY OF RIVERSIDE can lease a new Bobcat Loader and Mini Excavator from
KC Bobcat for a set fee for one year. At the end of that one year term, CITY OF RIVERSIDE can choose to remain in the
Program or decline the renewal of Program.
EQUIPMENT:
5650 Skid Steer Loader=A91, HI Flow, AC/Heat Cab package,Two-speed,SIC controls,Air ride seat, Radio,Sever Duty
Tires, One 80" C/I tooth bucket and One 80" C/I smooth bucket.
E35 T4 Mini Excavator =A71, Hyd Clamp, Hyd Exchange, Extendable Arm,Travel Motion Alarm, Radio, 2nd Aux Hydraulic,
24" bucket
FINANCE TERM:
The finance term on the equipment is twelve (12) months.
PAYMENT TERMS:
Payment Terms (choose one):
One (1) payment of$13,000 due at signing
Two (2) payments of $6,500 each with the first payment due at signing and the second payment due six (6)
months after signing. KC Bobcat will invoice CITY OF RIVERSIDE for the second payment. Payment will be due within
thirty (30) days of CITY OF RIVERSIDE receipt of the invoice.
RENEWAL OPTION: At the end of the initial twelve (12) month term, CITY OF RIVERSIDE can choose to remain in the Roll
Out Program. Leasee can purchase the equipment outright at the end of the first year. If the Leasee chooses not to
purchase the equipment, KC Bobcat will replace the equipment with new equipment and financing will start over on the
new equipment for a term of one (1) year. Lease pricing is subject to change from year to year depending on size and
type of equipment leased and cost of equipment.
WARRANTY AND SERVICE: The equipment will be covered under full warranty for the first twelve (12) months. Should
the equipment need to be returned to KC Bobcat for repair, loaner equipment will be provided at no charge to CITY OF
RIVERSIDE. Leasee will be responsible for transporting equipment and loaner equipment to and from KC Bobcat.
NON-RENEWAL OPTION: If lease chooses not to continue with the Roll Out Program, KC Bobcat will pick up the
equipment free of charge. Should you need a rental after that you can contact the rental department and set up a
rental at the regular rental rate, not at the Roll Out Program price, please call 816-903-3020 for pricing.
KC BOBCAT CITY RIVERSIDE
Signat ire Siig ature �t�t j n
rc S lam
iL _
Print Print
Date: Date: Al— y - / S
CnY OF RIVERSIDE,MISSOURI
DOCUMENTATION INSTRUCTIONS
The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay
funding. If you have any questions regarding the Conditions to Funding,Instructions or the documentation,please call us at(877)587-4054.
1. Attached Documentation
1. Government Obligation Contract
An authorized individual that is with the Obligor should sign on the first space provided.
♦ A second authorized individual that is with the Obligor should attest the previous signature on the space provided.
2. Exhibit A—Description of Equipment
♦ Review equipment description.Complete serial number/VIN if applicable.
♦ List the location where the equipment will be located after delivery/installation.
3. Exhibit B—Payment Schedule
♦ Sign and print name and title
4. Insurance Requirements
• Complete insurance company contact information where indicated.
S. Debit Authorization—(Preferred)
♦ Complete form and attach a voided check
6. 8038GC IRS Form
♦ Please read 8038 Review Form
♦ In Box 2,type Employer Identification Number
♦ Sign and print name and title
II. Additional Documentation Required
1. First payment check as stated on attached invoice
2. Insurance Certificate as stated on the Insurance Requirements Form
3. Vendor Invoice for the amount to finance listing applicable SN/VIN,down payment,trade,etc.
III. Condition to Funding
If,for any reason:(I)the required documentation is not returned by December 6,2015,is Incomplete,or has unresolved issues relating thereto,or
(ii)on,or prior to the return of the documentation,there is a change of circumstance which adversely affects the expectations,rights or security of
the Obligee or its assignees;then Obligee or its assignees reserve the right to adjust the quoted interest rate or withdraw/void Its offer to fund this
transaction In Its entirety.Neither KS StateBank nor Boystone Government Finance is acting as an advisor to the municipal entity/obligated person
and neither owes a fiduciary dutypursuant to Section ISB of the Exchange Act of 1934.
All documentation should be returned to:
KS StateBank
1680 Charles Place
Manhattan, Kansas 66502
Small Ticket Non-App BO
GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
City of Riverside, Missouri KS StateBank
2950 North West Vivion Road 1010 Westloop; P.O. Box 69
Riverside, Missouri 64150 Manhattan, Kansas 66505-0069
Dated as of October 10,2015
This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment
described In Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below.
I. Definitions
Section 1.01 Definitions.The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Additional Schedule"refers to the proper execution of additional schedules to Exhibit A and Exhibit B,as well as other exhiblts or documents that may be required by the Obligee all of
which relate to the financing of additional Equipment.
"Budget Year'means the Obligor's fiscal year.
"Commencement Date"is the date when Obligor's obligation to pay Contract Payments begins.
"Contract"means this Government Obligation Contract and all Exhibits attached hereto,all addenda,modifications,schedules,refinancings,guarantees and all documents relied upon by
Obligee prior to execution of this Contract.
"Contract Payments"means the payments Obligor is required to make under this Contract as set forth on Exhibit B.
"Contract Term"means the Original Term and all Renewal Terms.
"Exhibit"includes the Exhibits attached hereto,and any"Additional Schedule",whether now existing or subsequently created.
"Equipment"means all of the items of Equipment listed on Exhibit A and any Additional Schedule,whether now existing or subsequently created,and all replacements,restorations,
modifications and improvements.
"Government"as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 303(a)of the Internal Revenue Code of 1986,as amended
("Code"),or a constituted authority or district authorized to Issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b),
or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code.
"Obligee means the entity originally lined above as Obligee or any of its assignees.
"Obligor"means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract.
"Original Term"means the period from the Commencement Date until the end of the Budget Year of Obligor.
"Renewal Term"means the annual term which begins at the end of the Original Term and which Is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number
of Budge Years necessary to comprise the Contract Term.
"State"means the state in which Obligor is located.
II. Obligor Warranties
Section 2.01 Obligor represents,warrants and covenants as follows for the benefit of Obligee or is assignees-
(a) Obligor is an"issuer of tax exempt obligations"because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of
1986,as amended,(the"Code")or because Obligor is a constituted authority or district authorized to Issue obligations on behalf of the State or political subdivision of the State within
the meaning of Treasury Regulation 1.103-1(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code.
(b) Obligor has compiled with any requirement for a referendum and/or competitive bidding.
(c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract;Obligor,and its officer executing this Contract,are authorized
under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its goveming body In executing and delivering this
Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal,valid,binding and enforceable
obligation of the Obligor in accordance with its terms.
(d) Obligor shall use the Equipment only for essential,traditional government purposes.
(e) Should the IRS disallow the tax-exempt status of the Interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental
purposes,or should the Obligor cease to be an Issuer of tax exempt obligations,or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for
any reason,then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or Its
assignees would attain If the transaction continued to be tax-exempt.
(f) Obligor has never non-appropriated funds under a contract similar to this Contract.
(g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code.
(h) Upon request by Obligee,Obligor will provide Obligee with current financial statements,reports,budgets or other relevant fiscal information.
(1) Obligor shall ream the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response,Compensation and Uablllty Act,42 U.S.C.9601 et.seq.
as amended and supplemented.
(j) Obligor hereby warrants the General Fund of the Obligor is the pnmary source of funds or a backup source of funds from which the Contract Payments will be made.
(it) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget
preparation will Include in the budge request for each Budget Year the Contract Payments to become due In such Budge Year,and will use all reasonable and lawful means available
to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys an and will lawfully
be appropriated and made available for this purpose.
(1) Obligor has selected both the Equipment and the vendor(s)from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer,
merchant,vendor or distributor,or agent thereof,of such equipment to the public.
(m) Obligor owns free and clear of any liens any additional collateral pledged,subject only to the lien described herein;Obligor has not and will not,during the Contract Term,create,
permit,incur or assume any levies,liens or encumbrances of any kind with respect to the Equipment and any additional collateral except those created by this Contract.
Section 2.02 Escrow Agreement In the event both Obligee and Obligor mutually agree to utilize an Escrow Account,then Immediately following the execution and delivery of this Contract,
Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery
of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A,which
shall be held,invested and disbursed in accordance with the Escrow Agreement.
III. Acquisition of Equipment,Contract Payments and the Purchase Option Price
Section 3.01 Acquisition and Acceptance Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment.Execution of the
Certificate of Acceptance or,alternatively,Payment Request and Equipment Acceptance Form,by a duly authorized representative of Obligor,shall constitute acceptance of the Equipment
on behalf of the Obligor.
Section 3.02 Contract Payments Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful,legally available money of the United States of Ameria. The Contract
Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constltute an
indebtedness of the Obligor. The Contract Payments,payable without notice or demand,are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest
lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s)were late,plus any additional accrual on the outstanding balance
for the number of days that the Contract Payments)were late.Obligee shall also have the option,on monthly payments only,to charge a late fee of up to 10%of the monthly Contract
Payment that Is past due.Furthermore,Obligor agrees to pay any fees associated with the use of a payment system other than check,wire transfer,or ACX. Once all amounts due Obligee
hereunder have been received,Obligee will release any and all of its rights,title and interest in the Equipment.
SECTION 3.03 Contract Payments Unconditional.Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND 08SERVE
THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,DIMINUTION,DEDUCTION,SET-OFF,OR SUBJECT
TO DEFENSE OR COUNTERCLAIM.
Section 3.04 Purchase Option Price.Upon thirty 130)days wri ten notice,Obligor shall have the option to pay,in addition to the Contract Payment,the corresponding Purchase Option Price
which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option
and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of Its rights,title and interest in the Equipment to Obligor.
Section 3.05 Contract Term.The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under
Section 4.01 and Section 9.01 below. If,after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term,Obligor has not non-appropriated as
provided for in this Contract then the Contract Term shall be extended Into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due
during such Renewal Term,
Section 3.06 Disclaimer of Warranties. OBUGEE MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION,MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBUGEE IS NOT A MANUFACTURER,SELLER,VENDOR OR DISTRIBUTER,OR AGENT
THEREOF,OF SUCH EQUIPMENT; NOR IS OBUGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PU8UC. OBUGEE SHALL NOT BE UABLE FOR ANY
INCIDENTAL,INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION,OPERATION,POSSESSION,STORAGE OR USE OFTHE EQUIPMENT BY OBUGOR.
IV. Non-Appropriation
Section 4.01 Non-Appropriation. If Insufficient funds are available In Obligor's budge[for the next Budget Year to make the Contract Payments for the next Renewal Term and the funds to
make such Contract Payments are otherwise unavailable by any lawful means whatsoever,then Obligor may non-appropriate the funds to pay the Contract Payments for the next Renewal
Term. Such nonappropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing Its
obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years.If Obligor
non-appropriates,then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current
Original Term or Renewal Term without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein
and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid,the termination shall nevertheless be effective
but Obligor shall be responsible for the payment of damages In an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit B which are attributable to the
number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as
required. Obligor shall immediately notify the Obligee as mon as the decision to non-appropriate is made. If such non-appropriation occurs,then Obligor shall deliver the Equipment to
Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee,then
Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. If Obligor non-appropriates under this section,
then Obligor shall not purchase,lease or rent Equipment performing same or similar functions to those performed by the Equipment for a period of 360 days unless otherwise prohibited by
public policy considerations.
V. Insurance,Damage,Insufficiency of Proceeds
Section 5.01 Insurance. Obligor shall maintain both property insurance and liability Insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for
selecting the Insurer(s)and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract
Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the
Equipment.
(a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any
other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively,Obligor may insure the Equipment
under a blanket insurance policy or policies.
(b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee.
(c) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option,Obligor must furnish Obligee with a certificate and/or other
documents which evidences such coverage.
(d) All Insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that
all losses are payable to Obligor and Obligee or its assignees as their Interests may appear. Each policy issued or affected by this Section shall contain a provision that the Insurance
company shall not cancel or materially modify the policy without first giving thirty(30)days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates
evidencing such coverage throughout the Contract Term.
Section 5.02 Damage to or Destruction of Equipment.Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof Is lost,stolen,damaged,or
destroyed by fire or other casualty,Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of
Obligee,Obligor shall either(1)apply the Net Proceeds to replace,repair or restore the Equipment or(2)apply the Net Proceeds to the applicable Purchase Option Price. For purposes of
this Section and Section 5.03,the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable Insurance policies after deducting all expenses incurred In the
collection thereof.
Section 5.03 Insufficiency of Net Proceeds.If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement,repair,
restoration, modification or improvement of the Equipment,then Obligor shall, at the option of Obligee, either(1)complete such replacement, repair, restoration,modification or
Improvement and pay any costs thereof in excess of the amount of the Net Proceeds or(2)apply the Net Proceeds to the Purchase Option Price and pay the deficiency,if any,to the Obligee.
Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities,whether or not covered by insurance,for loss or damage to the Equipment and for Injury to or death of any person
or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties,and whether such property damage be to Obligor's property or
the property of others (Including,without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive
Environmental Response,Compensation and Liability Act,the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter
enacted which in any manner arise out of or are Incident to any possession,use,operation,condition or storage of any Equipment by Obligor),which is proximately caused by the negligent
conduct of Obligor,its officers,employees and agents.
Section 5.05 Indemnification. Obligor hereby assumes responsibility for and agrees W reimburse Obligee for all liabilities,obligations,losses,damages,penalties,claims,actions,costs and
expenses(including reasonable attorneys'fees)of whatsoever kind and nature,imposed on,Incurred by or asserted against Obligee that in any way relate to or arise out of a claim,suit or
proceeding,based In whole or in part upon the negligent conduct of Obligor,its officers,employees and agents,or arose out of Installation,operation,possession,storage or use of any Rem
of the Equipment,to the maximum extent permitted by law.
VI. Ttle and Security Interest
Section 6.01 Title.Title to the Equipment shall vest In Obligor when Obligor acquires and accepts the Equipment.Title to the Equipment will automatically transfer to the Obligee in the
event Obligor non-appropriates under Section 4.01 or in the event Obligor defaults under Section 9.01. In such event,Obligor shall execute and deliver to Obligee such documents as Obligee
may request to evidence the passage of legal title to the Equipment to Obligee.
Section 6.02 Security Interest.To secure the payment of all Obligor's obligations under this Contract,as well as all other obligations,debts and liabilities,plus interest thereon,whether now
existing or subsequently created,Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on
Exhibit A,including any and all additional mllateral listed on any other Exhibit A.The security interest established by this section Includes not only all additions,attachments,repairs and
replacements to the Equipment but also all proceeds therefrom.Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to
perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A Is and will remain personal property and will not be considered a fixture even if
attached to real property.
VII. Assignment
Section 7.01 Assignment by Obligee.All of Obligee's rights,title and/or Interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub-
assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of
assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named In the notice
of assignment. Obligor shall keep a complete and accurate record of all such assignments.
Section 7.02 Assignment by Obliaor.None of Obligor's right,title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such
assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the
tax-exempt status of the obligation.
VIII. Maintenance of Equipment
Section 8.01 Equipment.Obligor shall keep the Equipment in good repair and working order,and as required by manufacturer's and warranty specifications. If Equipment Consists of
copiers,Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect,test,service,maintain,repair or make improvements or
additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment,other than normal wear and tear,caused by Obligor,its employees or Its agents.
Obligor shall pay for and obtain all permits,licenses and taxes related to the ownership,installation,operation,possession,storage or use of the Equipment. If the Equipment includes any
titled vehicles),then Obligor is responsible for obtaining such title(s)from the State and also for ensuring that Obligee is listed as First Uenholder on all of the title(s). Obligor shall not use
the Equipment to haul,convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act,42 U.S.C.6901 at.seq. Obligor agrees that Obligee or Its Assignee
may execute any additional documents Including financing statements, affidavits, notices, and similar instruments,for and on behalf of Obligor which Obligee deems necessary or
appropriate to protect Obligees Interest in the Equipment and in this Contract.Obligor shall allow Obligee to examine and Inspect the Equipment at all reasonable times.
Ix. Default
Section 9.01 Events of Default defined.The following events shall Constitute an"Event of Default-under this Contract:
(a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen(15)days after such payment is due according to the Payment Date listed on Exhibit B.
(b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen(15)days after written
notice by Obligee that such payment mus[be made. If Obligor continues to fail to pay any payment after such period,then Obligee may,but will not be obligated to,make such
payments and change Obligor for all costs incurred plus Interest at the highest lawful rate.
(c) Failure by Obligor to observe and perform any warranty,Covenant,condition,promise or duty under this Contract for a period of thirty(30)days after written notice specifying such
failure is given to Obligor by Obligee,unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its Consent to an extension of time if corrective
action is instituted by Obligor. Subsection Ic)does not apply to Contract Payments and other payments discussed above.
(d) Any statement,material omission,representation or warranty made by Obligor in or pursuant to this Contract which proves to be false,incorrect or misleading on the date when made
regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract.
(e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee.
(f) Except as provided in Section 4.01 above,Obligor admits in writing its inability to pay Its obligations.
(g) Obligor defaults on one or more of its other obligations.
(h) Obligor becomes insolvent,Is unable to pay Its debts as they become due,makes an assignment for the benefit of creditors,applies for or consents to the appointment of a receiver,
trustee,Conservator,custodian,or liquidator of Obligor,or all or substantially all of its assets,or a petition for relief Is filed by Obligor under federal bankruptcy,insolvency or similar
laws,or is filed against Obligor and is not dismissed within thirty(30)days thereafter.
Section 9.02 Remedies on Default Whenever any Event of Default exists,Obligee shall have the right to take one or any Combination of the following remedial steps:
(a) With or without terminating this Contract,Obligee may dedare all Contract Payments and other amounts payable by Obligor hereunder W the end of the then current Budget Year to
be immediately due and payable.
(b) With or without terminating this Contract,Obllgee may require Obligor at Obligor's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as
provided below in Section 9.04. Such delivery shall take place within fifteen(15)days after the Event of Default occurs.If Obligor fails to deliver the Equipment and any additional
collateral,Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge
Obligor for Cost incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral,Obligor shall still be obligated to pay the remaining
Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral
caused by Obligor or its employees or agents.
(c) Obligee may take whatever action at law or In equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by
Obligee in the enforcement of Its rights under this Contract Including,but not limited to,reasonable attorney fees.
Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is Intended to be exclusive and every such remedy shall be cumulative and shall be In addition
to every other remedy given under this Contract now or hereafter existing at law or In equity. No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or shall be construed to be a waiver thereof.
Section 9.04 Return of Equipment and Storage
(a) Surrender:The Obligor shall,at its own expense,surrender the Equipment,any Additional Collateral and all required documentation to evidence transfer of title from Obligor to the
Obligee in the event of a default or a non-appropriation by delivering the Equipment and any Additional Collateral to the Obligee to a location accessible by Common carrier and
designated by Obligee. In the case that any of the Equipment and any Additional Collateral consists of software,Obligor shall destroy all intangible items constituting such software
and shall deliver to Obligee all tangible Items constituting such software. At Obligee's request,Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with
the above software return provisions and that they will Immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to Inspect Obligor's
locations to verify compliance with the terms hereto.
(b) Delivery:The Equipment and any Additional Collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees In writing that a
common carrier is not needed. When the Equipment and any Additional Collateral is delivered into the custody of a common carrier,the Obligor shall arrange for the shipping of the
item and its insurance in transit In accordance with the Obligee's Instructions and at the Obligor's sole expense. Obligor at its expense shall completely sever and disconnect the
Equipment and any Additional Collateral or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any
Additional Collateral and all of the component parts of the Equipment and any Additional Collateral carefully and in accordance with any recommendations of the manufacturer. The
Obligor shall deliver to the Obligee the plans,specifications,operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and
any Additional Collateral and such other documents in the Obligor's possession relating W the maintenance and methods of operation of such Equipment and any Additional Collateral.
(c) Condition:When the Equipment is surrendered to the Obligee it shall be In the condition and repair required to be maintained under this Contract. R will also meet all legal regulatory
conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. B Obligee reasonably determines that the Equipment or an item ofthe Equipment,once it
Is returned,is not In the condition required hereby,Obligee may cause the repair,service,upgrade,modification or overhaul of the Equipment or an item of the Equipment to achieve
such condition and upon demand,Obligor shall promptly reimburse Obligee for all amounts reasonably expended In connection with the foregoing.
(d) Storage:Upon written request by the Obligee,the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the
expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such Item
during its storage period and the Obligee shall reimburse the Obligor on demand for the Incremental premium cost of providing such insurance.
R. Miscellaneous
Section 10.01 Notices.All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at their respective places
of business as first set forth herein or as the parties shall designate hereafter in writing.
Section 10.02 Binding Effect Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions
have been met to Obligee's satisfaction,and Obligee has executed the Contract. Thereafter,this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and
Meir respective successors and assigns.
Section 10.03 Severability.In the event any provision of this Contract shall be held Invalid or unenforceable by any court of competent jurisdiction,such holding shall not Invalidate or render
unenforceable any other provision hereof.
Section 10.04 Amendments,Addenda. Changes or Modifications.This Contract may be amended,added to,changed or modified by written agreement duly executed by Obligee and
Obligor. Furthermore, Obligee reserves the right to directly charge or amortize Into the remaining balance due from Obligor, a reasonable fee, to be determined at that time, as
compensation to Obligee for the additional administrative expense resulting from such amendment,addenda,change or modification requested by Obligor.
Section 10.05 Execution in Counterparts This Contract may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 10.06 Captions.The captions or headings in this Contract do not define,limit or describe the scope or intent of any provisions or stolons of this Contract.
Section 10.01 Master Contract.This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under
this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B,as well as other exhibits or documents that may be required by Obligee.
Additional Schedules will be Consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each
Additional Schedule.
Section 10.08 Entire Writing.This Contract constitutes the entire writing between Obligee and Obligor. No waiver,consent,modification or change of terms of this Contract shall bind either
parry unless In writing and signed by both parties,and then such waiver,consent,modification or change shall be effective only In the specific instance and for the specific purpose given.
There are no understandings,agreements,representations,Conditions,or warranties,express or implied,which are not specified herein regarding this Contract,the Equipment or any
additional collateral,financed hereunder.Any terms and Conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to
or inconsistent with the terms and Conditions of this Contract will not be binding on Obligee and will not apply to this Contract.
Section 10.09 Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i)of the Internal Revenue Code of 1986 as amended (the"Code"),the Obligor hereby
specifically designates the Contract as a"qualified tax-exempt obligation"for purposes of Section 265(6)(3)of the Code. In compliance with Section 265(6)(3)(0)of the Code,the Obligor
hereby represents that the Obligor will not designate more than$10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as
such"qualified tax-exempt obligations". In compliance with the requirements of Section 265(6)(3)([)of the Code,the Obligor hereby represents that the Obligor(including all subordinate
entities of the Obligor within the meaning of Section 265(b)(3)(E)of the Code)reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered,
obligations bearing interest exempt from federal income taxation under Section 103 of the Code(other than"private activity bonds"as defined in Section 141 of the Code)in an amount
greaterthan$10,000,000.
Section 10.10 Acceptance of Equipment Certification.By signing and attesting directly below,Obligor hereby certifies that the Equipment described directly below in Exhibit A has been
delivered and installed in accordance with Obligors specifications. Obligor further certifies that they have conducted such inspection and/pr testing of the Equipment as it deems necessary
and hereby acknowledges that it accepts the Equipment for all intended purposes.
Section 10.11 Resolution and Authorization.By signing and attesting directly below,Obligor hereby warrants and certifies that the Governing Body of the Obligor at either a special or
regular meeting or through some other approved method of authorization has determined that this Contract is in the best interests of the Obligor and the Governing Body did at such
meeting or through some other approval method approve the entering into of the Contract by the Obligor and specifically designated and authorized the individual(s)who have signed
directly below to execute this Contract on Obligor's behalf along with any related documents (including any Escrow Agreement) necessary to the consummation of the transaction
contemplated by the Contract.
Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below.
City of Rive e, Missouri /KS StateBank
a,jm
Signature pp r s ignature
Gr T. Marsha Jarvis,Sent r Vice President
PdritedNarudandTitle I Printed Name and Title
City of Riverside, Missouri '-
Attested Authorized Individual: /{
Si nanr�� I l t n CCltl,A r".4,11
' tPFAC,I�.
Printed Name and Title
T, _
Schedule=
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of October 10,2015,between KS StateBank(Obligee)and City of Riverside,Missouri(Obligor)
Below is a detailed description of all the items of Equipment including quantity,model number and serial number where applicable:
One (1) Bobcat E35 Excavator, SN: AR3K12227, with Extendable Arm and 24" X-Change Standard Duty Bucket with Weld-On Teeth and One (1)
Bobcat 5650 Skid-Steer Loader,SN:ALI816074,with 74"C/I Bucket with Bolt-On Teeth and Cutting Edge
Physical Address of Equipment after Delivery:
Schedule(01)
EXHIBIT B
PAYMENT SCHEDULE
RE: Government Obligation Contract dated as of October 30,2015,between KS StateBank(Obligee)and City of Riverside,Missouri(Obligor)
Date of First Payment: At Closing
Original Balance: $88,855.00
Total Number of Payments: Two(2)
Number of Payments Per Year: One(1)
Pmt Due Contract Applied to Applied to `Purchase
No. Date Payment Interest Principal Option Price
1 At Closing $13,000.00 $0.00 $13,000.00 $77,577.46
2 10-Oct-16 $79,260.89 $3,405.89 $75,855.00 $0.00
City of Riverside, :9rI
ignatureP. r i
Print me 4nd Title
`Assumes all Contract Payments due to date are paid
Please list the Source of Funds(Fund Item in Budget)for the Contract Payments that come due under Exhibit B of this Contract.
Source of Funds: General Fund
INSURANCE REQUIREMENTS
Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the
Equipment.
A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is
delivered.
Insured: Certificate Holder:
City of Riverside,Missouri KS StateBank
2950 North West Vivion Road 1010 Westloop, P.O.Box 69
Riverside,Missouri 64150 Manhattan,Kansas 66505-0069
1. Equipment Description
♦ One (1) Bobcat E35 Excavator,SN:AR1K12227,with Extendable Arm and 24" X-Change Standard Duty Bucket with Weld-On Teeth
and One(1)Bobcat 5650 Skid-Steer Loader,SN:AU816074,with 74"C/I Bucket with Bolt-On Teeth and Cutting Edge
♦ Please include all applicable VINs,serial numbers,etc.
2. Deductible
♦ The deductible amounts on the insurance policy should not exceed$5,000.00.
3. Physical Damage
♦ All risk coverage to guarantee proceeds of at least$88,855.00.
4. Liability
♦ Minimum Combined Single Limit of$1,000,000.00 on bodily injury and property damage.
5. Additional Insured and Loss Payee
♦ KS StateBank and/or Its Assigns MUST be listed as additional Insured and loss payee.
Please forward certificate as soon as possible to: Fax:(785)587-4016
or
Email:jzettler@ksstatebank.com
Please complete the information below and return this form along with the Contract.
City of Riverside, Missouri (�
Insurance Company:
Agent's Name: P-nnclle OLPJ OYI l7VriS11irl,11 �:u-ll14�
Telephone#: SS$- 389-�9/GJS? V& - '7`7 F - D 74/41
Fax#: S 73 - 7_57 — 6 .Z -71 P d�� - ���- 02x'7 7
Address: 3`Ia.S CV/) i &Jqq '11g�rt 3
City,State Zip: V4_-4er-5Ar) InD /P-5_20.2- "19 RS ite //f n
Email: Prine �yC -t`�o/en � K1f)eL/Yf /'A�y V,-C.&.,c aGD4,e , fins eo
*PREFERRED*
*As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form,
Obligor is authorizing Obligee to withdraw said payment amount on said date.
DEBIT AUTHORIZATION
I hereby authorize KS State Bank Government Finance Department to Initiate debit entries,and,if necessary,to reinitiate returned entries up to two
additional times,to the account indicated below at the financial Institution named below and to debit the same to such account for:
Contract Number Payment Amount FAnnual
quency of Payments
3348895 1 @$13,000.00
Beginning Day of Month
Month Ye Sth
I acknowledge that the rI ination of ACH transactions to this account must comolv with the or sions of U.S.law.
Financial Institution Name Branch
Address City State Zip
Routing Number Account Numbe
Type of Account ❑Checking El Savings
This authority is to remain In full force and effect until KS Stat an has recei d written notification from any authorized signer of the account of
Its termination in such time and manner as to afford KS StateBa a reason a opportunity to act on it.
Obligor Name on Contract
City of Riverside,Missouri
Signature Printed Name and Title
Tax ID Number to
44-6005867
PLEASE ATTACH COPY OF AVOIDED CHECK ISFORM!
USA Patriot Act
USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a
proper Identification.
INVOICE DATE SENT: 10-06-2015
BILL TO: REMIT TO:
CITY OF RIVERSIDE, MISSOURI KS STATEBANK
ATTN:ACCOUNTS PAYABLE GOVERNMENT FINANCE DEPARTMENT
2950 NORTH WEST VIVION ROAD PO BOX 69
RIVERSIDE, MISSOURI 64150 MANHATTAN, KS 66505-0069
FOR INQUIRIES: (877)587-4054
ACCOUNT NUMBER PAYMENT DATE PAYMENT DUE DATE TOTAL AMOUNT DUE
3348895 At Closing At Closing $13,000.00
DESCRIPTION AMOUNT
GOVERNMENT OBLIGATION CONTRACT PAYMENT AMOUNT: $13,000.00
DATED AS OF OCTOBER 10,2015
ONE (1) BOBCAT E35 EXCAVATOR, SN: AR11<12227, WITH EXTENDABLE ARM AND 24" X-CHANGE
STANDARD DUTY BUCKET WITH WELD-ON TEETH AND ONE (1) BOBCAT 5650 SKID-STEER LOADER, SN:
AU816074,WITH 74"C/I BUCKET WITH BOLT-ON TEETH AND CUTTING EDGE
Additional interest will be assessed on any payment received after the due date.
$13,000.00
8038 REVIEW FORM
The 8038 form attached hereto is an Important part of the documentation package and must be properly filled out and submitted to the
Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you Instruct us otherwise,we have engaged a Paid
Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current
understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which
you have requested(structure of the transaction)and which are on the Payment Schedule.
1. Please review our responses for accuracy.If anything is Inaccurate,please contact our office so that we can make proper revisions.
2. If the Information provided to you on this form is accurate,please sign where indicated and return with the document package.
3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form,we will make
such changes and provide notification to you.
4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury.
For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website:
htto://www.irs.gov/aoo/picklist/list/formsinstructions.htmlor contact your local IRS office.
Form8038-111C Information Return for Small Tax-Exempt
(Rev.January 2012) Governmental Bond Issues, Leases, and Installment Sales OMB No.1545-0720
Department of the Treasury ► Under Internal Revenue Code section 149(e)
Intemal Revenue Service Caution:If the issue price is$100,000 or more, use Form 8038-G.
Reporting Authority Check box if Amended Return ► ❑
1 Issuer's name 2 Issuers employer identification number(EIN)
CI of Riverside Missouri 44 8005867
3 Number and street(or P.O.box if mail is not delivered to street address) Room/suite
2950 North West Vivlon Road
4 City,town,or post office,state,and ZIP code 5 Report number(For IRS Use Only)
Riverside Missouri 64150 71 71 71
6 Name and fide of officer or other employee issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative
Mr.Tom Wooddell, Public Works Director (816)741-3993
Description of Obligations Check one: a single issue 0 or a consolidated return ❑ .
8a Issue price of obligation(s)(see instructions) . . . . . . . . . . . . . . . . . . . 8a 88,855 00
b Issue date(single issue)or calendar date(consolidated).Enter date in mm/dd/yyyy format(for
example,01/01/2009)(see Instructions) ► 1 011 01201 5
9 Amount of the reported obligation(s)on line 8a that is:
a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9a
b For leases for office equipment. . . . . . . . . . . . . . . . . . . . . . . . 9b
c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . . 9c
d For leases for other(see instructions). . . . . . . . . . . . . . . . . . . . . . 9d 88,855 00
e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9e
f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . . 9f
g For bank loans for real property. . . . . . . . . . . . . . . . . . . 9
In For bank loans for other(see Instructions) . . . . . . . . . . . . . . . . . . . . 9h
I Used to refund prior Issue(s). . . . . . . . . . . . . . . . . . . . . . . . . 91
I Representing a loan from the proceeds of another tax-exempt obligation(for example,bond bank). . . 9
k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k
10 If the Issuer has designated any issue under section 265(b)(3)(B)(i)(III)(small issuer exception),check this box ► Q
11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check this box(see instructions). . . . . . . . . . . ► ❑
12 Vendor's or bank's name: KS StateElank
13 Vendor's or bank's employer Iden' tion number: 48�0760380
Under penalties of perjury,I d a that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief,
Signature they are true,correct,and c p e.I further declare that I consent to A 's disclosure of the issuer's return Information,as necessary to
9 process this return,to the p� that I uthoriz above.
and ,.n[�
Consent ' ' O1 1. r t5 ;S-f 4
Signatureis uthorized representative Date TV Print ame and fide
Print/Type preparer's name Preparers sionature Date PTM
Paid /I opxaryny wgx. .. xow Check El if
I —parer
H.Evan Howe N I�ov..v°°' °°'s.,ao.,a:w:,,prom 10/06/2015 self-employed P01438994
Use Only Firm's Name► Ba Stone Financial LLC Firm's EIN► 48.1223987
Firm's Address► 12980 Metcalf,Suite 310,Overland Park KS 66213 Phone no. 800 752-3562
General Instructions Who Must File pay a penalty in lieu of arbitrage rebate(see the
Section references are to the Internal Revenue Issuers of tax-exempt governmental obligations line 11 Instructions).
Code unless otherwise noted. with issue prices of less than$100,000 must file Filing a consolidated return for multiple
What's New Form 8038-GC. issues.For all tax-exempt governmental
The IRS has created a page on IRS.gov for Issuers of a tax-exempt governmental obligation obligations with issue prices of less than
information about the Form 8038 series and its with an issue price of$100,000 or more must file $100,000 that are not reported on a separate
instructions,at www./rs.gov/form8038. Form 8038-G,Information Return for Tax- Form 8038-GC,an issuer must file a
Information about any future developments Exempt Governmental Obligations. consolidated information return including all
affecting the Form 8038 series(such as Filing a separate return for a single Issue. such issues issued within the calendar year.
legislation enacted after we release it)will be Issuers have the option to file a separate Form Thus,an issuer may file a separate Form 8038-
posted on that page. 8038-GC for any tax-exempt governmental GC for each of a number of small issues and
Purpose of Form obligation with an issue price of less than report the remainder of small Issues issued
$100,000. during the calendar year on one consolidated
Form 8038-GC is used by the issuers of tax- An issuer of alax-exempt bond used to finance Form 8038-GC.However,If the issue is a
exempt governmental obligations to provide the construction expenditures must Ole a separate construction Issue,a separate Form 8038-GC
IRS with the information required by section Form 8038-GC for each issue to give notice to must be filed to give the IRS notice of the
149(e)and to monitor the requirements of the IRS that an election was made to election to pay a penalty in lieu of arbitrage
sections 141 through 150. rebate.
Cat.No.641088 Form 8038-GC (Rev.1-2012)