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HomeMy WebLinkAboutR-2016-040 2016 Bobcat E35 T4 Mini Excavator RESOLUTION NO. R-2016-040 A RESOLUTION AUTHORIZING AND APPROVING A SALES AGREEMENT, MASTER LEASE AND LEASE SCHEDULE WITH THE BOBCAT COMPANY FOR THE PURPOSE OF FINANCING A 2016 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 2016 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 2016 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 2016-2017 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 2016 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 RivpWde, Missouri, the -,qA day,of July, 2016. Kathleen L. Rose, Mayor rI - Robin,Kincaid,,City•Crerk I KC Bobcat 801 Main St Platte City, MO 64079 ROLL OUT PROGRAM KC Bobcat has a Roll Out Program whereby CITY OF RIVERSIDE can lease a new Bobcat Loader and or Excavator from KC Bobcat fora 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 AC/Heat Cab package, HI-Flow,Two-speed,SJC controls,Air ride seat,Sever Duty Tires, And radio. One 80"C/I tooth bucket and One 80"C/I smooth bucket with cutting edge. E35 Mini Excavator= A71, Hyd Clamp, Ext Arm,Travel Motion Alarm, Radio, 2n Aux Hydraulics, 24" bkt FINANCE TERM: The finance term on the equipment is twelve (12) months/250hrs. Additional fee of $20.00 per hour on the unit if exceed hour limit. PAYMENT TERMS: Payment Terms(choose one): One(1) payment of$13000 due at signing Two (2) payments of $6550 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. CITY OF RIVERSIDE is responsible for all up keep and scheduled maintenance of the machine during this 12 month/ 250hr time period. Should the equipment need to be returned to KC Bobcat for repair, loaner equipment will be provided at no charge to CITY OF RIVERSIDE. Lessee will be responsible for transporting equipment and loaner equipment to and from KC Bobcat. NON-RENEWAL OPTION: If lessee chooses not to continue with the Roll Out Program at the end of the 12 month time period, KC Bobcat will pick up the equipment free of charge and terminate the agreement. 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 OF RIVERSIDE Signature Signature Tom, Oopdld I,Puln,II Jaaks�I otc Print Print Date: Date: CITY OF Rives-sl�l Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 AGENDA DATE: 07-05-2016 TO: Mayor and Board of Aldermen FROM: Tom Wooddell, Public Works Director RE: Lease approval of 2016 Bobcat E35 T4 Mini Excavator BACKGROUND: Funding to lease a 2016 Bobcat mini excavator was included in the 2016-2017 budget. The Bobcat E35 T4 mini excavator will be leased from the Bobcat Company. BUDGETARY IMPACT: The adopted 2016-2017 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. A RESOLUTION AUTHORIZING THE LEASE OF A 2016 BOBCAT E35 T4 MINI EXCAVATOR FROM BOBCAT COMPANY IN AN AMOUNT NOT TO EXCEED $6500.00. Point of Contact: Public Works Director Tom Wooddell. PLATTE CITY RENTAL OR SALES AGREEMENT TAX EXEMPT ` E] Blue Springs, 64015 Olat--KS BBWI Plane Cfly,M 64078 2209 West 40 Hwy lad S Hamilton Cir 801 Main KC Bobcat 816)22&4006/Fax(816)229 983 (913)8294600/Faz(913)829 1552 816 4313001/Fav(818)4313002 Order Date: 1&27116 Customer Number 40712 Conflict Name Tom To be derwered on or about the INVOICE TO City of Riverside F.O.B. Shipped From Street Address 42M NW Riverside St SHIP TOIJOB LOCATION: P.O.Box Job Site Phone COLLECT City and State Riverside MO 65150 VIA PREPAID T- Customer Ph.# 816-5904724 Purchase Order# I RENTAL FINANCE PAYMENT Subject to the terms and candnions of this Order and the Terms contend on the reverse side,the folkwang customer('Customer') urchases/rems from KC Bobcat -KC-)Ne folicieng descubedE ui menc EQUIP.NO OTY. MFG. MODEL HILMETER DESCRURION SEUAL NO. PRICE 1133365 1 BC S-650 1 New 5650,Ag1,SJC AL1818965 $ 46,343.01 1132969 1 BC 74'CA WA New 74'Cd T.M Mt 1132969 $ 1133462 1 BC 74'CA WA New 74'CA SmaoM Bkt 1133462 $ 1133538 / BC E-35 1 New E-35,A91,an le blade,and thumb,Falco ARl K13100 $ 51,122.80 1132968 1 BC 24'BM No New 24'SD Bucket 1132868 5 TRADE IN EQUIPMENT EQUIP.NO a". MFG. MODEL HP.METER DESCRIPTION SERIAL NO. PRICE COMMENTS. PRICE $ 97,465.81 12 month 2016 muni roll out program. One time payment of$13000 collected at delivery. ALLOWANCE d1a5�e` Co I� _ �!�O = I NET DIFFERENCE $ 9],465.81 OII H L-1 L SALES TAX TAX EXEMPT DOWN PAYMENT LOAN F AMOU #10L54-r- C"JR- _ E-3 S - �^[ UC 11 DOCUMENTATION cE TOTALl$ 97465.81 Eunderolgned covenants to be Me,Lawful and legal carries of Mas above descilbed equlPmm ent and guarantees It to be tree froan mert6ages,nr c anlcs hens.candl6anal sales centracb.Cr WlGmerancee of any kind whM mevar with no excepdws. X �}jJ N NEWFACTORYWARRANTY FW EXT FACTORY WAR 36 MonMQ000 hr Protection Plus womanly I USED EO.SPECIAL TERMS Desc F EXTEPGWARRANTI Per. I NO WARRANTY EXPRESSED OR IMPLIED Iva UmRed Physical Damage Waiver(P Note:A late Payment fee will be charged on of amounts Past due at the highest lawful rate Trot to ezce xi 1 8%Par manor. 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,EITHER EXPRESS OR paragraph 7 on Me reverse side and payment of Me POW Fee IMPLIED CONCERNING THE EQUIPMENT,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF FITNESS FOR A PARTICULAR Set forth above. IN L PURPOSE, MERCHANTABILITY,OR INFRINGMEM. CUSTOMER EXPRESSLY DISCLAIMS ANY RELIANCE ON OTHER STATEMENTS MADE BY COMPANY OR TTS AGENTS. safety Clause Icusicener must initial Customer acknowledges and agrees that(a)Customer has LIMITATIONON ANY CLAIM OF ANY KIND WHETHER ARISING OUT OF CONTRACT STRICT received all manufacturersoperation manuals pertaining to the LIABILITY TORT 4114CLUDING NE N ) OR OTHER LEGAL THEORY FOR ANY LOSS OR DAMAGE ARISING OUT OF Equipment,(b)Customer shall be solely responsible for Me CONNECTED WITH OR RESULTING FROM THIS AGREEMENT OR FROM THE PERFORMANCE OF BREACH THEREOF OR FROM training of all competent operators in and Me sale and legal THE NTAL DELVERY RESALriERENTAL OR REPAIR OF ANY GOODS COVERED BY OUR FURNISHED UNDER THIS operation of the Equipment within its specified performance AGREEMENT SHALL IN NC,CASE EXCEED THE TOTAL PURCHASE PRICE OR RENTAL CHARGES MADE TO COMPANY ALLOCABLE capabilities,(c)Company has offered die Customer instruction TO THE EQUIPMENT WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT,SPECIAL, in the proper use of the Equipment,(d)Customer,at is sale EXEMPLARY, ON EAt OR PUNITIVE DAMAGES.INCLUDING BUT NOT UMTED TO LOST PROFITS AND COST OF COVER expense,will comply vile all federal,state and local laws. regulations,and ordinances,relating to Me use of the INITIAL THE W OF SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS ON WARRANTIES OR REMEDIES IN THE EVENT SUCH Equipment,inducting without limitation,Me regulations of the W APPLIES. I i N AND LIMMATIONS ARE AMENDED INSOFAR AND ONLY INSOFAR,AS REQUIRED BY Occupational Safety and Health Administration, SAID LAWS. Entire Agreement(Customer mus:mala0 I HAVE READ,UNDERSTAND.AND AGREE WITH ALL OF THESE TERMS AND THOSE CONTAINED ON THE REVERSE SIDE. This Agreement,inclu6ng the terns on Me reverse side, CUSTOMER(purchaser or lessee): represents the entire understanding of the parties,and this Agreement supersedes any prior agreements(oral or warrant) BY Trte cxTe regarding the matters outlined herein. No term or provision of this Agreement may be amended altered,waived,discharged, lir terminated except by wrdlen instrument signed by authorized X representatives of the parties hereto,and shall not be modified INITIAL ALL SALES ME FINAL or interpreted by reference to any prior wurse of dealing,usage PRINT NAM�� of trade or course at rtormaKre. X Taken by. Aaron Twnwry Aaron Aacapwu q Aaron Credit CITY OF WGS `RIVERSI B 'E�" M° 89111 89111 MISSOURI 18-18/1010 2950 NW VIVION ROAD•RIVERSIDE.MO 64150 DATE 11/02/2016 816/741-3993 AMOUNT $13,000.00 pAy —Thirteen Thousand Dollars and 00/100 Cents-- KC BOBCAT VALID AFTER 90 DAYS TO TIRE 2209 W 40 HWY ORDOF BLUE SPRINGS, MO 64015 fe SECURITY FEATURES INCLUDED.DETAILS ON BACK. 1180891Lilis 1: 1,010001874 14SS91OL2920ol CITY OF RIVERSIDE - RIVERSIDE, MO 64150 89111 VENDOR: 00488 KC BOBCAT 11/02/2016 Chk#:89111 DATE INVOICE# P.O. # DESCRIPTION AMOUNT 10/27/2016 21100252 SKI DLOADER&EXCAVATOR LEASE 13,000.00 CHECK TOTAL 13,000.00 I.RYIL.K1 MTA ROM MMi/l•TJlOI FAK lY&3T1-0T10 PRIMED IN U.S.P. TERMS AND CONDITIONS As used herein,"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 I.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 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 returned 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 charge(s). For partial rental periods(28 day periods or weeks),the rent shall be calculated usingthe 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 bar of suchm, 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 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,tthEqui nt used for o more use hours than is allowed for the otherwise applicable time elapsed rental rate. Company shall have the right,at its discretion, pe E Q Pmast 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 loation. 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 HOLO 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 prior to 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 Ion 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 ceo ificate(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 POW 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 item of Equipment,except for loss due to theft;of(b)for theft 25%of the fair market the fair market value qualue of each of the id expense of Company,not to exceed if,000 per line. or Notwithstanding the foregoing,Customer will be liable for all Ion or damage to the Equipment, p to 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 b or this Amendment or the rpersons not egulation of(h)Customntrusted lth eesh negligence,includ ng failury Customer;e to protect he Equipmeprovision nt asfa prudent person would protect his orreements her ownapplicable ipmentw 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 to take reasonable R THE ION,of he USE D TRANSPORTATION and TION OF and provide aE RENTED ElQlablor ENT and 8. Maintenance Repairs,Condition Upon Return. Customer,at its sole expense,agrees materials for normal operation and maintenance as specified in the operation and maintenance manual at the designated periodsdisfigure when indicated cover up for tnumbering, he Equipment,and rent shall not abate because of the need for such maintenance or materials. Customer shall not remove,alter, 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 mveantsPory when due;(b) Customer fails to return he Equipment to Company after termination;(c)Customer fails to perform or observe any other terms, 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 ad)udicated Customer tutes any bankruptcy, insolventor or makes mass r(g) nt for Compatny deems tof itselfinsecure.rCustomer shall promptly notify Company of the occurrence ofany Event of Default liquidation,or similar proceedings;or(g) 10. 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 Equipment to Company after termination;(c)Customer fails to perform or observe any other terms,covenants,or conditions of due;(b)Customer fails to return the or other document provided or executed by Customer shall be false or misleading at any this Agreement;(d)Any representation my made by Customer herein lt in the performance or obligations under any other agreement now existing or hereafter made with Company;(f) time in any material respect;(e)Customers defau 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 simllar 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 Customers 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 re unusable without removal,and Company shall not be deemed to have committed an,or otherwiby se eddispose of theEquipment ately due and in any manneraComle all panychooses,freeents and amounts due or to become due;(c)Sell by public or private sale,release,hold,retain, 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 must update any insurance certificates or other documents to reflect the substitute Equipment. 13. Ownership of Equipment,Assignment 9,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 whole the prior an,this Ag eement ompa or Company may,without notice to Customer,assign or sell its interest in,grant a security interest in,or otherwise transfer, P 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 111. 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 Customer hOr der requests and to cause the quipmrizes Coentto be shipto stao a the Customer and if shipment is delayed due to unavailability of Customer facilities or any other cause, 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 shipnts of the Equiiphall deemed to irrevocabN accepted Customer shall inspect the Equipment,and unless the actions of Customer otherwise indicate acceptance, Equipment or b actual use of the Equipment o Customer. by Customer upon the earlier of(a)a reasonable time for Inspection(not to exceed three(3)days after Delivery), ( ) 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 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, 10,31,12 and Article III shall survive the termination of this Agreement. fit of and be binding upon each tof he eparties hereto and each of their respective heirs,administrators, 16. Binding Effect. This Agreement shall inure to the beneExcept to the extent prohibited bylaw,no third party shall be the beneficiary to any of the executors,personal representatives,and permitted successors and assigns. 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 hereunderfor its failure due to(a)any cause not reasonably within the control of Company,including,but not limited to,fire,explosion,flat,acts of war or terror,acts 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 Customers behalf,and Customer shall be liable for the costs thereof. In order request, ompar shall, Interest in the Equipment,Customer agrees that this Agreement shall constitute a security agreement for the Equipment,and promptly upon 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 er hereby irrevocably - anto do such acts and Equipment,including but not limited to,any financing statements. Custom half,and which power is delegable by Company,which such appointment and power shall becoupled with an interest. t and file all such documents on Customers be 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. law. Any 21. Choice of Law/Forum. This Agreement shall be governed exclusively by the laws of the State of Kansa s with Kan sasard tbut,unless Customeo the rules r saflconsufiner"within the arising out of or related to the Agreement shall be brought exclusively in a court sitting in Sedgwick County, 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. BLUE SPRINGS,NO 64015 Invoice Number: 21100252 2209 W 40 HWY/(816)2294006 FAX PAx#(016)229-7631 Invoice Date: October 27, 2016 Platte City,MO 64079 OLATHE,KS 66061 801 N.Main /(816)903-3020 1220 5 HAMILTON CIRCLE/(913)829-4600 FAX 9(816)431-3002 FAX#(913)8291552 SOLD: CITY OF RIVERSIDE SHIPPED: 4200 NW RIVERSIDE STREET 40712 RIVERSIDE, MO 65150 Cust Order No. Date Entered Ordered By Written By Approved By Salesman No. 18102222 3/221/2181 AARON DAWN Ship Via: Name of Carrier Date Shipped Shipped From F.O.B. Prepaid Collect Ot Equipment Descri tion Serial Number E uip No. Unit Price Amount 1 S650 SKID STEER LOADER Al 1818965 1133365 $46,343.01 $6,500.00 1 E35EXCAVATOR AR1K13100 1133538 $51,122.80 $6,500.00 ONE TIME PAYMENT DUE AT DELIVERY SUBTOTAL $13,000.00 Frei ht Deliver Char es TERM: Net upon receipt of invoice unless otherwise Doc Fee indicated. Finance Char e 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# $13,000.00 the highest lawful rate not to exceed 1.8% per month. TOTAL ??� Bobcat PROTECTION PLUS l t APPLICATION AGREEMENT Dealer Name KC BOBCAT Application Information 100 TRACY DR. GAPQN PHAPFg Address Sales Person Name City TRACY State MO Zip 64079 ❑ ❑❑❑❑1-1 01027830 / Performance Club Number Customer Name ��1` "etS'd � Address City �1,ier< State Zip CS15:o Model S/N AFRI K 13100 Delivery Date 10- 74C •Applications received more than one year from the delivery date will not be accepted. •Once a Protection Plus plan is sold there will be no refund. Check One See back of form for coverace explanation Plan Selection ❑ -24 Month/2000 Hour(Full Coverage) ❑ -24 Month/2000 Hour(Driveline Coverage Only) -36 Month/2000 Hour(Full Coverage) -36 Month/2000 Hour(Driveline Coverage Only) ❑ -36 Month/3000 Hour(Full Coverage) ❑ -36 Month/3000 Hour(Driveline Coverage Only) -36 Month/3000 Hour(ACS/SJC Coverage Only)(Avaliable on Skid-Steer,All Wheel Steer&Compact Track Loaders Only) ❑ -48 Month/3000 Hour(Driveline Coverage Only) (Available for Compact Tractors Only) ❑ -60 Month/3000 Hour(Driveline Coverage Only) (Available for Compact Tractors Only) (Available to Municipalities Only) ❑ -60 Month/5000 Hour(Driveline Coverage Only) (Available to Municipalities Only) Dealer Authorization Bobcat Company is authorize r e Protection Plus Plan checked above. Authorized Dealer Si Date 10-1744 Plan Authorization Customer Authorization I wish to purchase the Bobcat Protection Plus Plan checked above. 8 Cost of Plan I decline to purchase the Bobcat Protection Plus Warranty at this time Date Customer Si nature °! For Bobcat Use Only Invoice No. Dealer No. Order Date Ship Date 10 R Sales Code Terms Part No. Amount$ S/N Warranty Expiration Date 11 Approved 13 Rejected Authorized Signature Date Send To:Bobcat Company,P.O.Box 128,Gwinner,No 58040 Printed in U.5.A. 6990364(1-13)Revised(2-14) Or Fax To: 1-866-365-3968 Or Send E-mail To:ProtectPlus.AppForm®doosan.com Y Bobcat PROTECTION PLUS 1 APPLICATION AGREEMENT Dealer Name KC BOBCAT Application Information AARON 12"ARFC Address 100 TRACY DR. Sales Person Name City TRACY State MO /Zip 64079 00001:111 ❑❑❑❑11 01027830 ' ';t J 7�1 e�6iOC Performance Club Number Customer Name ``� Address//�� �/A00 N tJ IC\virc��C Q/- - city (C 1 erS rot� State Mb Zip �S 1 ro / Model G- 6 50 S/N A L.1�1�6 5 Delivery Date 4Q-�7 46 •Applications received more than one year from the delivery date will not be accepted. •Once a Protection Plus plan is sold there will be no refund. Check One See back of form for coverage explanation Plan Selection ❑ -24 Month/2000 Hour(Full Coverage) ❑ -24 Month/2000 Hour(Driveline Coverage Only) -36 Month/2000 Hour(Full Coverage) ❑ - 36 Month/2000 Hour(Driveline Coverage Only) - 36 Month/3000 Hour(Full Coverage) ❑ -36 Month/3000 Hour(Driveline Coverage Only) ❑ -36 Month/3000 Hour(ACS/SJC Coverage Only)(Avaliable on Skid-Steer,All Wheel Steer&Compact Track Loaders Only) ❑ -48 Month/3000 Hour(Driveline Coverage Only) (Available for Compact Tractors Only) ❑ -60 Month/3000 Hour(Driveline Coverage Only) (Available for Compact Tractors Only)(Available to Municipalities Only) ❑ -60 Month/5000 Hour(Driveline Coverage Only) (Available to Municipalities Only) Dealer Authorization Bobcat Company is authod account or a Protection Plus Plan checked above. Authorized Dealer I path Date Plan Authorization Jb�7 !C Customer Authorization I wish to purchase the Bobcat Protection Plus Plan checked above. [] Cost of Plan I decline to purchase the Bobcat Protection Plus Warranty at this timeLJ Customer Signatfiref���' Ae_,f.0 Date-X-) For Bobcat Use Only Invoice No. Dealer No. Order Date Ship Date 10 R Sales Code Terms Part No. Amount$ N Warranty Expiration Date ❑ Approved El Rejected Authorized Signature Date Send To:Bobcat Company,P.O.Box 128,Gwinner,No 58040 Printed in U.S.A. 6990364(1-13)Revised(2-14) Or Fax To: 1-866-365-3968 Or Send E-mail To:ProtectPlus.AppForm®doosan.com 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 pollc � 01A 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. hine Warranty Expires thirty days from or once machine has acquired fifty hours of usage, whic • K.C. Bobcat and customer will each be r ible for 50%of costs • Drive-train only • Does not include electric, hoses,tube lines, ore a dama • Does not include transportation or to 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 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-sal sociate Signature of Customer: Signature of Sales Associate. =G�icr ��l/ Date: Print Name:-71; = ame: ceI- Delivery Report Bobcat, Excavator Sold By: KC.Bobcat,TRACY Dealer Name: K.C.Bobcat Customer: Tom Wooddell,CITY OF RIVER- Customer's Primary Grounds Maintenance SIDE MO Business: Dealer Address: 100 TRACY DR Mailing Address: 2950 Nw Vivian Rd Application Of The Office/Business Facility TRACY,MO,64079 Riverside,MO,64150-1502 Customer's Primary Business: Machine Serial No.: AR 1 K i 1 31 OO Contact Name: TomWooddell Customer Is: Previous Equipment Ovmer (Replaced) Mini Excavator Bobcat Model No.: E35 T4 Customer Phone: 8167413993 Add Cust Name To No Worksaver: Delivery Date: Oct 27,2016(Inniay y Customer Emall: twooddell®rmersidemo.com Salesman N Aaron Phares Customer type: Govemment,Local/City/Village (Iniaal ) Finance Transaction: Financed Other(Not Bobcat Sub- stdized) 1 1.Lz6piain use of operator cab/canopy,which is a Rollover Protect- ive Structure(BOPS)and/or Tip Over Protective Structure MIBUSEOF="'Ne,ON MODIFICATION OF GUARDS,BEAT BELT OR CONTROL LOCKS CAN CAUSE (TOPS)(except for Model 442).DONOTmodifyorremove.Ad- vise availability of Falling Object Guards(FOGS)Kit(Not avail- The following items are to be checked J00 as they are explained able for all models). or shown,to the Owner/Operator by the Dealer at time of delivery: 12 xplain rated lift capacity for safety and stability of the excavator 1._L Explain delivery packet(Operation&Maintenance Manual, and attachments. Safe Manual and Warranty Brochure)when given to Owner/ 13.—on plain recommended fueling and lubricating procedures and the rator. importance of proper fuel management practices. 2._ Advise owner that dealer is the source for operator training,Bob- 14 vise use of excavator on slopes. cat Excavator Operator Training Course and Service Safety Training Course,review of job requirements and recommended 15. C.AtIvise never to use the excavator in an environment with explos- eXDavator and attachment usage. ive dusts and gases or with flammable materials near exhaust. 3.-Explain capabilities and restrictions of excavator and attach- 16. vise Owner/Operator of all available attachments and ac- ants for job usage,as identified by Owner/Operator. cessories such as:Chain Assembly,Special Application Kits and 4.—✓Review machine Safety Signs(Decals),Operation&Mainten- Motion Alarms.Explain use of X-Change System(if equipped). aDee Manual,Operator's Handbook and Safety Manual. 17, view maintenance procedure with Operator and/or mainten- 5._k Explain operation of steering control levers.When pushing levers ante person as found in Operation&Maintenance Manual. forward or activating foot controls,excavator will travel in the dir- 18-_lain loading and unloading procedures onto trailers and use ec�tion of the dozer blade(White arrow decal on track frame). of ramps. 6._k"Show how to enter and exit excavator safely,with attachments 19._,E*lain use of blade. Explain use of track expansion function(if lowered and engine off.Explain function of control lockouts. equipped). 7._J/Explain use of seat belt.Explain to operate controls from operat- 20- A-xplain lifting eye location and slinging procedure. oreat only and to keep feet and hands inside cab/canopy. f/ 21.__15plain'Warranty Policy'and limitations to Owner/Operator. B._ Demonstrate how to start,stop,turn and park the excavator. Warranty Statement printed in Operation&Maintenance Manual � 9. !/Explain function of all controls.Explain house swing control lock an Warranty Brochure enclosed in delivery packet. fe/atu a(if equipped). 22.—Review Protection Plus Program Extended Warranty,plan selec- 10. Explations in STD/ISO control pattern selector feature('If equipped). pricing&benefits. *Must c l,nt One,Required for Delivery Report Confirmation `(-1 1 Agree to purchase a Bobcat Protection Plus Extended Warranty Plan. '(_) 1 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 ex lained to me.I understand the operation and maintenance of this machine.I also acknowledge the li warranty conditions and n as o Ina in T9y copy of the warranty statement. owner/operator Slgnatu Date-A 'x/77" l6 Dealer Representative ure Date e�(�'�'1—�G Please scan and e-mail the signed,completed peliv¢ry Report form to:bCt_del Iveryreports @ bobicat.cor n. Delivery Report Bobcat, Loader Sold By: K.C.Bobcat,TRACY Dealer Name: K.C.Bobcat Customer: Valued Customer,CITY OF Customer's Primary Grounds Maintenance RIVERSIDE MO Business: Dealer Address: 100 TRACY DR Mailing Address: 2950 N.Vivion Rd Application Of The Office!Business Facility TRACY,MO,64079 Riverside,MO,64150-1502 Customer's Primary pp Business: Machine Serial No.: ALJ818965 Contact Name: ValuedCustomer Customer is: Previous Equipment Owner (Replaced) Skid-Steer Loader Bobcat Model No.: S65C T4 Customer Phone: 8167413993 Add Cust Name To No 'l Worksaver. Delivery Date: Oct 27,2016 1ln,t, Customer Email: twooddell®riversidemo.com Salesm Aaron Phares Customer type: Government,Local/City/Village (Inidal Finance Transaction: Financed Omer(Not Bobcat Sub- sidized) 10._Explain use of operator cab which is a Rollover and Falling Ob- ject Protective Structure(ROPS/FOPS).Explain availability of M6USEOF--'HE,OR NIMMATKBI OF GUARDS,SEAT BELT OR COMROL LOCKS CAN CAUSE ROPS for all previous models.DONOTmodifyorremoveoper- INJURY OR DEATH. ator b. The following items are to be checked ' as they are explained 11 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, me which blocks this exit. Safety Manual and Warranty Brochure)when given to Owner/ 12 —Explain availability of Enclosures and Special Application Kits to Operator. restr matedal 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 Ho Back-Up Alarm,Work Lights and Flashing Lights. Training Course,review of job requirements and recommended �ader and attachment usage. 14. xplain that rated operating capacity of the loader and attach- 3._ Explain Capabilities and restrictions of loader and attachments for m t is spec'Ifled for safety and stability. �ob usage,as identified by Owner/Operator. 15. Explain the need&availability of bucket types and sizes for use 4.— Review Safety Signs(Decals),Operation and Maintenance with different materials.Explain availability of other attachments Manual and Safety Manual.Explain Operator's Handbook su as backhoes,breakers,grapples,rakes,etc. fastened to machine. 16.AL"Explain recommended fueling and lubricating procedures and the 5.—✓ Show how to enter and exit loader safely,with lift arms down, importance of proper fuel management practices. brake set and engine off.Use hand grabs,bucket steps and 17, dvise never to use the loader in an environment with explosive ✓safety tread. dust-or gases or with flammable material near exhaust. 6.— Demonstrate use and maintenance of seat belt and seat bar.Ex- 18._!/Review maintenance procedure on Service Schedule decal and lain availability of seat bar for previous models. in Operation&Maintenance Manual.Explain use of lift arm sup- 7._ Explain function of seat bar control interlocks that require operat- poevice. or to lower seat bar. 19._Explain'Warranty Policy'and limitations to Owner/Operator. 6. Explain Bobcat interlock Control System(BICS)with"Press to Warranty Statement printed in Operation&Maintenance Manual an arranty Brochure enclosed in delivery packet. Operate'button.Explain bypass for lift lock valve and traction I override. 20.—Review Protection Plus Program Extended Warranty,plan selec- 9._Demonstrate how to start,stop,tum and park the loader.Also *Must tions,pricing&benefits. show how to fill,carry and dump the bucket or use other attach- ments. Report Confirmation.'(-1 I Agree to purchase a Bobcat Protection Plus Extended Warranty Plan. *J I 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 llrp'9atZn_q_as­oudm<in my copy of the warranty statement. Owner/Operator Signature9�t�, Date ld Dealer Representative S gnature 9 �— Date la --.2,,r Please scan and e ail the signed,cornpleted Delivery Report form to:bct-deliveryreports@bobcat.com. KC Bobcat 801 Main St Platte City, MO 64079 ROLL OUT PROGRAM KC Bobcat has a Roll Out Program whereby CITY OF RIVERSIDE can lease a new Bobcat Loader and or 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 AC/Heat Cab package, HI-Flow,Two-speed,SJC controls,Air ride seat,Sever Duty Tires, And radio. One 80" C/I tooth bucket and One 80" C/I smooth bucket with cutting edge. E35 Mini Excavator= A71, Hyd Clamp, Ext Arm,Travel Motion Alarm, Radio, 2nd Aux Hydraulics, 24" bkt FINANCE TERM: The finance term on the equipment is twelve (12) months/250hrs. Additional fee of $20.00 per hour on the unit if exceed hour limit. PAYMENT TERMS: Payment Terms(choose one): One(1) payment of$13000 due at signing Two (2) payments of $6550 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. CITY OF RIVERSIDE is responsible for all up keep and scheduled maintenance of the machine during this 12 month/ 250hr time period. Should the equipment need to be returned to KC Bobcat for repair, loaner equipment will be provided at no charge to CITY OF RIVERSIDE. Lessee will be responsible for transporting equipment and loaner equipment to and from KC Bobcat. NON-RENEWAL OPTION: If lessee chooses not to continue with the Roll Out Program at the end of the 12 month time period, KC Bobcat will pick up the equipment free of charge and terminate the agreement. 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 OF RIVERSIDE Signature Signature 4. 4d %ak Print / Print Date: �G Date: /c� -,2e52 -1�7 Product Quotation Quotation Number: Bobcat Date: 2016-09-20 10:13:30 Customer Name/Address: Bobcat Delivering Dealer ORDER TO BE PLACED WITH: Contract Holder/Manufacturer CITY OF RIVERSIDE Aaron Phares Clark Equipment Co dba 2950 NW VIVION RD K.C. Bobcat,Olathe,KS Bobcat Company RIVERSIDE, MO 65150 1220 S HAMILTON CIRCLE 250 E Beaton Dr, PO Box 6000 OLATHE KS 66061-5371 West Fargo, ND 58078 Phone: (913) 829-4600 Phone: 701-241-8719 Fax: (913) 829-1552 Fax: 855.608.0681 Contact: Heather Messmer Heather.Messmer@doosan.com Description ARI K 13)oo Part No Qty Price Ea. Total (133S38aE35 T4 ZTS Bobcat Compact Excavator M3207 1 536,428.70 $36,428.70 33.5 HP Tier 4 Engine/Hydraulic Monitor with Shutdown Auto Idle Fingertip Auxiliary Hydraulic Control Auto-Shift Fingertip Boom Swing Control Auxiliary Hydraulics, Selectable Flow with Boom Horn Mounted Flush Face Quick Couplers Hydraulic Joystick Controls Canopy Rubber Track • Includes: Cup Holder,Retractable Seat Belt, Spark Arrestor Muffler Suspension Seat with High Back Two-Speed Travel (with Auto-Shift) • Roll Over Protective Structure (ROPS)-Meets Vandalism Protection Requirements of ISO 12117-2: 2008 Warranty: 12 Months, Unlimited Hours • Tip Over Protective Structure(TOPS)-Meets Work Lights Requirements of ISO 12117: 2000 X-Change (Attachment Mounting System) Control Console Locks Zero Tail Swing Control Pattern Selector Valve(ISO/STD) Dozer Blade with Float 36 Month Protection Plus (2000 Hours) 9974411 1 $1,634.00 $1,634.00 A91 Option Package M3207-P01-A91 1 $9,235.10 $9,235.10 Cab Enclosure with Heat and Air Conditioning Secondary Auxiliary Hydraulics Deluxe Cloth Suspension Seat Hydraulic Angle Blade Hydraulic X-Change Travel Motion Alarm Hydraulic Clamp (Class III) Deluxe Panel with Keyless Start Radio Extendable Arm w/Add-On Counterweight M3207-R03-0O3 1 $2,940.00 $2,940.00 j3�296 24" Base Class 3 M7021 1 S0.00 $0.00 L__7 --- 24" X-Change Std. Duty Trenching Bucket, M7021-Rol-col 1 $885.00 $885.00 Class 3 (Weld-on Teeth) Total of Items Quoted $51,122.80 Dealer Assembly Charges $0.00 Quote Total - US dollars $51,122.80 Notes: 'Prices off Missouri Contract#3-160706TV. Contract Period: 7-22-2016 THRU 7-31-2017 'Terms Net 30 Days. Credit cards accepted. "FOB: Destination within the 48 Contiguous States. 'Delivery: 60 to 90 days or less from ARO. 'State Sales Taxes apply. IF Tax Exempt, please provide Tax Exempt Certificate with order. "T/D#38-0425350 `Orders Must be Placed With: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, PO Box 6000, West Fargo, ND 58078. Prices&Specifications are subject to change. Please call before placing an order.Applies to factory ordered units only. ORDER ACCEPTED BY: SIGNATURE DATED 1e Gam•.•(�/ �('�IGc2017 PRINT NAME AND TITLE PURCHASE ORDER # SHIP TO ADDRESS: BILL TO ADDRESS (if different than Ship To): Product Quotation Quotation Number: Bobcat tff Date: 2016-09-20 10:18:57 Customer Name/Address: Bobcat Delivering Dealer ORDER TO BE PLACED WITH: Contract Holder/Manufacturer CITY OF RIVERSIDE Aaron Pirates Clark Equipment Co dba 2950 NW VIVION RD K.C. Bobcat,Olathe,KS Bobcat Company RIVERSIDE, MO 65150 1220 S HAMILTON CIRCLE 250 E Beaton Dr, PO Box 6000 OLATHE KS 66061-5371 West Fargo, ND 58078 Phone: (913) 829-4600 Phone: 701-241-8719 Fax: (913) 829-1552 Fax: 701-280-7860 Contact: Heather Messmer Heather.Messmer@ doosan.co �{, e m YN Description AL; F5i �/CS Part No Qty Price Ea. Total 113331: S650 T4 Bobcat Skid-Steer Loader M0269 1 $32,298.70 $32,298.70 74 HP Tier 4 Turbo Diesel Engine Lift Arm Support Auxiliary Hydraulics: Variable Flow Lift Path: Vertical Backup Alarm Lights, Front & Rear Bob-Tach Operator Cab Bobcat Interlock Control System (BICS) Includes: Adjustable Cushion Seat,Top&Rear Controls: Bobcat Standard Windows,Parking Brake,Seat Bar,Seat Belt Cylinder Cushioning - Lift, Tilt Roll Over Protective Structure(ROPS) meets Engine/Hydraulic Systems Shutdown SAE-J 1040&ISO 3471 Glow Plugs (Automatically Activated) Falling Object Protective Structure (FOPS) Horn meets SAE-J1043 &ISO 3449,Level I;(Level II Instrumentation: Engine Temp and Fuel Gauges, is available through Bobcat Parts) Hourmeter, RPM and Warning Lights Spark Arrestor Exhaust System Tires: 12-16.5 12 PR Bobcat Heavy Duty Warranty: 12 Months, Unlimited Hours 36 Month Protection Plus (2000 Hours) 9974405 1 $2,512.00 S2,512.00 A91 Option Package M0269-P01-A91 1 $7,095.90 $7,095.90 Cab enclosure with Heat and AC Power Bob-Tach High Flow Hydraulics Deluxe Instrument Panel Two-Speed Travel with SAPR Parking Brake Keyless Start Sound Reduction Suspension Seat with 3-Point Belt Hydraulic Bucket Positioning Engine Block Heater Attachment Control Kit Cab Accessories Package Selectable Joystick Controls (SJC) 100269-R01-004 1 $1,235.50 $1,235.50 Air Ride Seat 3 pt Belt 100269-R05-C12 1 $219.80 $219.80 12-16.5, 12 PR, Severe Duty Tires M0269-R09-004 1 5588.00 5588.00 Radio M0269-R26-CO2 1 $291.90 $291.90 13Zq�q 774" C/I Bucket 6731409 1 $735.00 $735.00 --- Boit-On Teeth (8) 6737322 8 $21.56 $172.48 --- Bolt-On Cutting Edge, 74" 6718007 1 $167.60 5167.60 Total for this Machine $45,316.88 Description Part No Qty Price Ea. Total Power Bob-Tach Guard Kit 7249240 1 $128.38 $128.38 3ZiyC2 >74" CA Bucket 6731409 Total for these items $863.38 Total of Items Quoted $46,180.26 Dealer Assembly Charges $162.75 Quote Total - US dollars $46,343.01 Notes: 'Prices off Missouri Contract#3-130326RW. Contract Expires: 5-1-2015 THRU 4-30-2017 "Terms Net 30 Days. Credit cards accepted. 'FOB: Destination within the 48 Contiguous States. "Delivery. 60 to 90 days or less from ARO. 'State Sales Taxes apply. IF Tax Exempt please provide Tax Exempt Certificate with order. 'TID#38-0425350 'Orders Must be Placed With: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, PO Box 6000, West Fargo, ND 58078. Prices&Specifications are subject to change. Please call before placing an order.Applies to factory ordered units only. ORDER ACCEPTED BY: l�-,26 - /, SIGNATURE DATED PRINT NAME AND TITLE PURCHASE ORDER # SHIP TO ADDRESS: BILL TO ADDRESS (if different than Ship To): CRY OF RIVERSIDE,MISSOURI DOCUMENTATION INSTRUCTIONS The instructions listed below should be followed when completing the enclosed documentation. Please print on single sided Paper only. 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)584-4054. I. 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 Il. 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 26,2016,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 Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes o fiduciary dutypursuant to Section 15B of the Exchange Act of 1934. All documentation should be returned to: KS StateBank 2627 KFB Plaza STE 202E Manhattan, Kansas 66503 MOPERM STATEMENT OF LIABILITY COVERAGE MEMBER AGENCY: 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.1-1-2016 to 12:01 a.m.1-1-2017 Memorandum Number 1002 Policy Number LP-1002-201601 GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section 11 of the Memorandum of Coverage. AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage. Comprehensive Form including: • Bodily Injury Liability • Property Damage Liability • Public Oficials Errors&Omissions Liability • Employment Practices Liability • Healthcare Malpratice • Law Enforcement Liability • Owned,Non Owned or Hired Automobiles Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the Member Agency. Limit is not subject to an annual aggregate. THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party DESCRIPTION: S�kmd gLJg gg6 wdh �� 2518 Bobcat E-35 Exca sttoor�'SN ARt K13100,with 24"Buucket,,SN 113298832969 and 74"Smooth Bucket SN 1133462 Should the above described memorandum be cancelled before the expiration date thereof.MOPERM will endeavor to mail written notice to the Interested Parry 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: Date: 11-16-2016 M602A(Ed. 1-17) Robin Kincaid From: Jojo Bellinder[kbellinder@ksstate.bank] Sent: Wednesday, November 16, 2016 10:28 AM To: Robin Kincaid Subject: RE: City of Riverside Statement of Liability Coverage Good morning, Could you please notify your liability insurance of the updated equipment description? (below) I will notify your property insurance. One (1) 2016 Bobcat 5650 Skid Steer,SN: AU818965, with 74"Tooth Bucket, SN: 1132969 and 74" Smooth Bucket,SN: 1133462 and One (1) 2016 Bobcat E-35 Excavator, SN:AR11<12100, with 24" Bucket, SN: 1132968 Thank you, St'ateBank JoJo Bellinder I Client Relations p. 877-587-4054 ext. 319 1 f. 785-587-4016 fWV" w(: ,Wamt efill— ksstate.bank From: Robin Kincaid [mailto:RKINCAID(&riversidemo.com] Sent: Tuesday, November 15, 2016 12:05 PM To: Jojo Bellinder Subject: [DISARMED] - RE: City of Riverside Statement of Liability Coverage JoJo, Yes, the additional covered party is the same as additional insured. Thanks, Robin From: Jojo Bellinder [mailto:kbellinder@ksstate.bank] Sent: Tuesday, November 15, 2016 11:52 AM To: Robin Kincaid Subject: RE: City of Riverside Statement of Liability Coverage Robin, Thank you for sending this to me, I do just need it verified that"Additional Covered Part " is the same as Additional Insured. Could you check on that please? Thank you, SttateBank JoJo Bellinder I Client Relations p. 877-587-4054 ext. 319 1 f. 785-587-4016 ksstate.bank 1 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 November 1,2016 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 exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. "Budget year"means the Obligors 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 103(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 listed above as Obligee or any of Is 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 Budget Years necessary to compose the Contract Term. "State"means the state in which Obligor is located. 11. Obligor Warranties Section 201 Obligor represents warrants and covenants as follows for the benefit of Obligee or its 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 Intemal 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-I(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code. (b) Obligor has complied 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 governing 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. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.9601 et.seq. as amended and supplemented. Q) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) 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 budget request for each Budget Year the Contract Payments to become due in such Budget 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 can and will lawfully be appropriated and made available for this purpose. (1) Obligor has selected both the Equipment and the vendors)from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant,vendor or distributor,pr 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 net,during the Contract Term,create, permit,incur or assume any levies,(lens or encumbrances of any kind with respect to the Equipment and any additional collateral except those created by this Contract. Section 2.02 Escrow Aereement.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 Aceptance 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 America. 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 constitute 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 theoutstanding balance for the number of days that the Contract Payment(s)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 ACH. 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 OBSERVE 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 COUNTERCINM. Section 3.04 Purchase Option Price Upon thirty(30)days written 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 an the Contract Payment date and no partial prepayments are allowed. if Obligor chooses this option and pays the Purchase Option Price to Obligee Men Obligee will transfer any and all of its rights,title and interest in the Equipment to Obligor. Section 3.05 Contract Term.The Contract Tenn 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 15 NOT A MANUFACTURER,SELLER,VENDOR OR DISTRIBUTER,OR AGENT THEREOF,OF SUCH EQUIPMENT,NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBUGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL,INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION,OPERATION,POSSESSION,STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR, IV. Non-Appropriation Section 4.01 Nan-Aoorooriation. 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 non-appropriation 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 las[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 soon as the decision to non-appropriate is made. If such con-appropriatlon 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 unlessotherwise prohibited by public policy considerations. V. Insurance,Damage,Insufficiency of Proceeds Section 5.01 Insurance- Obligor shall maintain bath 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 Contact 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 Insuffiaeocv 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 arty 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 Reimbursement. Obligor hereby assumes responsibility for and agrees to 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 item of the Equipment,to the maximum extent permitted by law. VI. Title 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 severe 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 collateral listed on any other Exhibit A.The security interest established by this section includes rot 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 Obligor. 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 notfeopardize 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 manufacturers 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 vehicle(s),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 a.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 Comma: (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 must 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 charge 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. Subsecuon(c)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 befalse,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 Comma. (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,mnservator,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 declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Yearto ! be immediately due and payable. (b) With or without terminating this Contract,Obligee may require Obligor at Obligors 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 costs 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 Tenn. Obligor will be liable for any damage to the Equipment and any additional collateral caused by Obligor or Ds 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 Eouinment 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 W 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 Obligors 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 Obligors sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional Collateral or its Component parts from the Obligors property all without liability to the Obligee. Obligor shall pack or aate 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 Obligors possession relating To 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 thisComma it 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. If 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 Tenn before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effectwith 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 their 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 Amendments.Addenda Changes or Modifications.This Comma 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 1005 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 1006 Captions.The captions or headings in this Contract do not define,limit or describe the scope or intent of any provisions or sections of this Comma. Section 10.07 Master Comma 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 Comma shall govern each Additional Schedule. Section 10.08 Entre Writing.This Contract constitutes the entire writing between Obligee and Obligor. No waiver,consent,modification or charge of terms of this Contract shall bind either party 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 Deslanation as Qualified Tax-Exemot Obligation.Pursuant to Section 265(b)(3)(B)(1)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(b)(3)of the Code. In compliance with Section 265(b)(3)(D)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(b)(3)(C)of the Code,the Obligor hereby represents that the Obligor(Including all subordinate entitles of the Obligor within the meaning of Stolon 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 greeter than$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 Obligoes specifications. Obligor further certifies that they have conducted such inspection and/or 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 warrents and certifies that the Governing Body of the Obligor M eHher 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 Riverside, Missouri KS StateBank Joe AACA ig atu e ,�,�r�/Xv.]�� Marsha Jarvis,Senip Vice President Prl Naameand a Wo rd Printed Name and Title City of Riverside, Missouri vt� Attested By Authorized /Individual: µ.��l.... l 11..�F.r �l3Yeca6�e•� aR �os.ww�guv..�v.l Printed Name and Title a„7sJt�0agWM Schedule IOU EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of November 1,2016,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)2016 Bobcat S650 Skid Steer,SN:AU818965,with 74"Tooth Bucket,SN:1132969 and 74"Smooth Bucket,SN: 1133462 and One(1)2016 Bobcat E-35 Excavator,SN:AR1K13100,with 24"Bucket,SN:1132968 Physical Address of Equipment after Delivery: 4200 NW Riverside Street Riverside,MO 64150 Schedule 1011 EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of November 1,2016,between KS StateBank(Obligee)and City of Riverside,Missouri(Obligor) Date of First Payment: At Closing Original Balance: $97,465.81 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 $86,257.15 2 03-Nov-17 $88,258.32 $3,792.51 $84,465.81 $0.00 City of Riv issouri Signa t S P 4L 6&kj Printed Name and tide *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 Schedule(01) EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of November 1,2016,between KS StateBank(Obligee)and City of Riverside,Missouri(Obligor) Date of First Payment: At Closing Original Balance: $97,465.81 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 $86,257.15 2 01-Nov-17 $88,258.32 $3,792.51 $84,465.81 $0.00 City of RiveFsid issouri l rl Signat r7lt-t- �Aina�'G/ Printed Name and 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 5650 Skid Steer,SN:AU818965,with 74"Tooth Bucket and 74"Smooth Bucket and One(1)Bobcat E-35 Excavator, SN:AR1K12100,with 24"Bucket ♦ 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$97,465.81. 4. Liability ♦ Minimum Combined Single Limit of$1,000,000.00 on bodily injury and property damage. S. Additional Insured and Loss Payee ♦ KS StateBank AOIA land/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:kbellinder@ksstate.bank Please complete the information below and return this form along with the Contract. City of Riverside, Missouri Insurance Company: lAz-ye—a /41 . (s7' - 146 Agent's Name:pL,ICttG'� mer Telephone#: k/ '6 7-1>,? Q 7/�� Fax#: ez'! 7 ��o� a, a vs- Address: 0-,,4C/8 SQL 30 City,State zip: !O GPO16 Email: 1 A CERTIFICATE OF PROPERTY INSURANCE DATE(MM DDYYYY) 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 this form. Use ACORD 27 or ACORD 28. PRODUCER cOMTAcT Janet Pittenger Cowell Insurance Group Inc. PHONE (816)776-0742 FAX (eLd)812-eyes 10525 NW Ambassador Drive Suite 301 EMAIL .jpittenger@Cowellina.Com P Kansa. City MO 64153 rNSTOUM21MIR00000569 INGURB 8 AFFORDING COVERAGE RATC9 INSURED City of Riverside IxsuRERA:2Op101 ars Mutual Casualtv 21415 2950 NW Vivion Road INSURERB: INSURER C: Riverside h!0 64150 INSURER D• INSURER E: NS SURE:, COVERAGES CERTIFICATE NUMBER:1516 IN REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Axaeh ACORD I01,Addition.]Remark.Schedule,If mare space 1.ngWnd) I.Bobcat B35 Excavator,SN: AR1K227 with Extendable Arm and 241- X-Change Standard Duty Bucket with Weld-On Teeth 2.Bobcat 5650 Skid-Steer Loader, SN:ALJ1616074, with 74C/I Bucket with Solt-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. INBR TYPEOFINSURANCE POLICYNUMSER POUCYEFFECTNE POLICY EXPIRATION COVERED PROPERTY LIMITS DATE(MM/ODIYYYP) DATE(MMIODNYYY) PROPERTY BUILDING 8 CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY S BASIC BUILDING BUSINESS INCOME S BROAD CONTENTS EXTRA EXPENSE $ SPECIAL RENTALVALUE S EARTHQUAKE SLANKETBURDING $ WVIND BLANKET PERS PROP FLOOD BLANKET BLDG E PP t t A Xi INLAND MARINE TYPE OF POLICY ], D0&VWA$1,000 46,280t CAUSES OF LOSS 'j Os&'W.SIODO 42,661t NAMED PERILS POLICY NUMBER S X ADRIek 1X7552616 5/29/2015 5/29/2016 111, CRIME t TYPE OF POLICY t t BOILER 8 MACHINERY/ t EQUIPMENT BREAKDOWN 3 t S SPECIAL CONDITIONS f OTHER COVERAGES(AUa.h ACORO 101,AddlNmul Remark,Scheikft U mon up=*b rpWmd) 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 REPRE3"TWE Janet Pitt, e=/JANET ACORD 24(2009f09) ©1995-2009 ACORD CORPORATION. All rights reserved. INS024(2�) The ACORD name and logo are registered marks of ACORD *PREFERRED* *As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obli\auth 'ze Obligee to withdraw said payment amount on said date. DEBIT AUTHORIZATION I heStateBank Government Finance Department to initiate debit entries,and,if necessary,to Xretumentrieso two addie account indicated below at the financial institution named below and to debit the sameContract Number Payment Amount Frequency 3350687 $13,000.00 Annual Beginning Day of Month Month NYe --]1st I acknowledge that the nrig ation of ACH transactions to this account must cI with the orovisions of U.S.law. Financial Institution Name Branch Address City State Zip Routing Number count Number Type of Account hecking ❑Savings This authority is to remain in full force and effect until KS Stat ank has rece d written notification from any authorized signer of the account of its termination in such time and manner as to afford KS State nk a reasonable ortunity to act on it. Obligor Name on Contract City of Riverside,Missouri Signature Printed Name an the Tax ID Number Date 44-6005867 PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM 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: 10-26-2016 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)584-4054 ACCOUNT NUMBER PAYMENT DATE PAYMENT DUE DATE TOTAL AMOUNT DUE 3350687 At Closing At Closing $13,000.00 DESCRIPTION AMOUNT GOVERNMENT OBLIGATION CONTRACT PAYMENTAMOUNT: $13,000.00 DATED AS OF NOVEMBER 1,2016 ONE(1) BOBCAT S650 SKID STEER,SN:ALI818965,WITH 74"TOOTH BUCKET AND 74"SMOOTH BUCKET AND ONE(1)BOBCAT E-35 EXCAVATOR,SN:AR11(12100,WITH 24" BUCKET 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: http://www.irs.goylapp/picklist/list/formsinstructions.html or contact your local IRS office. Form8038-6C Information Return for Small Tax-Exempt (Rev.January 2012) Governmental Bond Issues, Leases, and Installment Sales DMS No.1545-0720 Department of the Treasu ► Under Internal Revenue Code section 149(e) Internal Revenue ServiceCaution:If the issue Price is$100,000 ormore, use Form 8038-G. Reporting Authority Check box if Amended Return ► ❑ 1 Issuers name 2 Issuers employer identification number(EIN) City of Riverside Missouri 44 6005867 3 Number and street(or P.O.box if mail is not delivered to street address) Room/suite 2950 North West Vivion Road 4 City,town,or post office,state,and ZIP code 5 Report number(For1RS Use Only) Riverside Missouri 64150 71 71 F71 6 Name and title 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)7413993 Description of Obligations Check one: a single issue 0 or a consolidated return ❑ . 8a Issue price of obligation(s)(see instructions) . . . . . . . . . . . . . . . . . . 8a 97,465 81 b Issue date(single issue)or calendar date(consolidated).Enter date in mmldd/yyyy format(for example,01/01/2009)(see instructions) ► 11101/2016 9 Amount of the reported obligation(s)on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9a Id For leases for office equipment. . . . . . . . . . . . . . . . . . . . . . . 9b c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . . 9e d For leases for other(see instructions). . . . . . . . . . . . . . . . . . . . . . 9d 97.466 81 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 j 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)(111)(small issuer exception),check this box . . . . . . . ► 0 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 State Bank 13 Vendors or bank's employer identification number: 48 0760380 Under penalties of perjury,I declare 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 complete.I further declare that I consent to the IRS's disclosure of the issuers return information,as necessary to 9 process this return to the person that I have authorized above. T and , ' �octl.Ltl�� c�C�� Consent Type oc�-rlo me and title .G7N0'r'C<S Si of issuers authorized representative Date Type or rim name and title Phnt/rype preparers name Preparers signature Date P nN //II I1 ��,gw^ -„y Check ElIf Paid H.Evan Howe N I�fir"-'�"'�am`""- 1012612016 sel4mpoyed P01438994 Preparer Use Only Firm's Name► Ba stone Financial LLC Firm'sEIN► 48-1223987 Firms Address 1- 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 fie $100,000 that are not reported on a separate instructions,at www.irs.9ov//orm8038. 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 Forth 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- Form 8038-GC.However,if the issue is a exempt governmental obligations to provide the An issuer of atax-exempt bond used to finance construction issue,a separate Form 8038-GC IRS with the information required by section construction expenditures must file a separate must be filed to give the IRS notice of the 149(e)and to monitor the requirements of Form 8038-GC for each issue to give notice to election sections 141 through 150. to pay a penalty in lieu of arbitrage the IRS that an election was made to rebate. Cac No.641085 Form 8038-GC(Rev.1.2012) BLUE SPRINGS,MO 64015 Invoice Number: 21100252 W 40 HW 9-000 /(8161226 FAX I FAxa(B16s)zzs-Ts3, Invoice Date: October 27, 2016 Platte City,MO MnOLATHE,K566061 601 N.Main /(616)903-3020 1220 S HAMILTON CIRCLE/(913)629-0600 00 ( FAx R(816)431-31X12 FAx#(913)629-1552 LAC SOLD: CITY OF RIVERSIDE SHIPPED: 4200 NW RIVERSIDE STREET 40712 RIVERSIDE, MO 65150 Cust Order No. Date Entered Ordered By Written By Approved By Salesman No. 18102222 1 3/22/2181 1 AARON DAWN Ship Via: Name of Carrier Date Shipped Shipped From F.O.B. Prepaid Collect Qty Equipment Descri tion Serial Number Equip No. Unit Price Amount 1 S650 SKID STEER LOADER ALJ818965 1133365 $46,343.01 $6,500.00 1 E35 EXCAVATOR AR1K13100 1133538 $51,122.80 $6,500.00 ONE TIME PAYMENT DUE AT DELIVERY 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 I 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 W ';i i c'.v-¢a ve,f ' - /� 4� i A�a DATE iMM 00 YYYY) CERTIFICATE OF PROPERTY INSURANCE 11/9/2016 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 this form. Use ACORD 27 or ACORD 28. PRODUCER NFMEACT Janet Pittenger Cowell Insurance Group Inc. PHONE (816)778-0742 FAX .(816)412-2245 10525 N Ambassador Drive MAIL ,jpittenger0cowellins.com Suite 301 PRODUCER Kansas City NO 64153 �D., 00000569 _ INSURERS AFFORDING COVERAGE NAWN INSURED INSURER A:Em l0 era Mutual Casualty 21415 City of Riverside INSURER 8: -- 2950 HW Vivion Road INSURER C: INSURER D: Riverside MO 64150 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 IM REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Addiftnal Rlmadn Schedulo,II more space Is requlnd) 1.2016 Bobcat S650 Skid Steer, SN:ALJ818965, with 74" Tooth Bucket and 741' Smooth Bucket 2,2016 Bobcat E-35 Excavator, SN:AR1K12100, with 2411 Bucket THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTANDING 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFIHSURANCE POLICYNUMBER POLICYEFFECTIVE POLICYEXPIRATION COVERED PROPERTY LIMITS LTR DATE(MWDDNM) DATE(M VIDD) YYY) PROPERTY BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $ BASIC BUILDING BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ SPECIAL RENTAL VALUE $ EARTHOUAXE BLANKET BUILDING $ VAND BLANKET PERS PROP S FLOOD _._. __..._ _.._ _.-_ . - _.BLANKET.BLDG&PIP $.. _........ S S A $ INLAND MARINE TYPE OF POLICY X Rem Sl ebove $ 46,343 CAUSES OF LOSS Equipment Floater X It.n2 aiwee S 51.12 NAMED PERILS POLICY NUMBER X 51000perottuuence $ _ X AI RiA 1X7552617 5/29/2016 5/29/2017 dalacunla $ CRIME S TYPE OF POLICY 3 S BOILER&MACHINERY! S EQUIPMENT eRFAN00VM 3 3 3 SPECIAL CONDITIONS IOTHERCOVERAOES(Attach ACORD 10t,Additional Remark,Sehedule,H mon space Is required) Certificate Holder is named as Lose Payee CERTIFICATE HOLDER CANCELLATION kbellinder@ksstate.bank SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KS StateBank ACCORDANCE WITH THE POLICY PROVISIONS. 2627 KFB Plaza Saito ZanAU7HaHi2ED REPRE;E E Manhattan,, KS 66503 (//T� Janet Pittenger/JANET ACORD 24(2009109) 0 1995-2009 ACORD CORPORATION. All rights reserved, INS024(2om) The ACORD name and logo are registered marks of ACORD