HomeMy Public PortalAbout2018.12.01 PNC Contract- Mowers - Golf CoursePNC
To: Note To File
From: Michelle Gibbs
Comments: The documentation fee listed on the Lease Agreement/Rental Schedule as $250.00 waived. The GM
Chris Schauerman approved it waived.
E04
Lease Agreement
Dated as of November 19, 2018
Lease Number 98982756-2
Lessor: PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Lessee:
Equipment
Description
LESSEE FULL LEGAL NAME FEDERAL TAX ID
City of McCall 826000223
216 E Park Street
McCall, ID 83638
Equipment Location: 925 Fairway Dr. McCall, ID 83638
See attached Certificate of Acceptance for Equipment Description
Rent Lease Term is for 60 months, with Rent payments due in advance0 monthly; 0 quarterly; Osemi-annually; Zannually;
Payment each in the amount of $60,950.00 (plus applicable tax) beginning
1
(for office use only).
Schedule
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the
dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificate of
Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment,
Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the Lessee's
responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the
purchase contract, to Lessor.
3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do not include
the accrual of an interest portion. If Lessee's Rent payments are due in Advance, the first Rent payment is due on the date Lessee accepts the Equipment
under the Lease. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to which Lessee must send payments. Rent is
due whether or not Lessee receives an invoice from Lessor. Lessee will pay Lessor any required advance rent when Lessee signs this Lease. Lessee
authorizes Lessor to change the Rent by not more than 15% due to changes in the Equipment configuration, which may occur prior to Lessor's acceptance
of this Lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is
provided, applicable sales and use taxes will be added to the Rent
NON-APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available.
In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds
are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other legal procedure or
available funds by or with which payment can be made to Lessor, and the non-appropriation did not result from an act or omission by Lessee, Lessee shall
have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which
appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been appropriated and budgeted.
At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certify in writing that (a) funds have not
been appropriated for the upcoming fiscal period, (b) such non-appropriation did not result from any act or failure to act by Lessee, and (c) Lessee has
exhausted all funds legally available for the payment of Rent
4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER
WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAVE
TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT
OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES THAT
LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON
LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR
COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact
the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warranty to
Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding
performance of the Equipment directly with the manufacturer of the Equipment.
6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to the Equipment,
except as set forth in section 15.
7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor's advance written consent
Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment's existence, condition and proper maintenance.
Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it eligible for any
manufacturer's certification and/or standard full service maintenance contract. At Lessee's own cost and expense, Lessee will keep the Equipment in good
repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment.
8. TAXES. Lessee agrees to pay Lessor, when invoiced, all taxes (including any sales, use and personal property taxes), fines, interest and penalties relating
to this Lease and the Equipment (excluding taxes based on Lessor's net income). Lessee agrees to file any required personal property tax returns and, if
Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by Lessee or any other
person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance, condition,
operation, use, return or disposition of the Equipment. To the extent permitted by law, Lessee agrees to reimburse Lessor for and defend Lessor against any
claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues even after this Lease has expired, for acts or omissions
that occurred during the Lease Term.
10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial numbers and
any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name plates or
stickers Lessor provides Lessee.
11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipment is
shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event. Then,
at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer's certification,
or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee has satisfied
Lessee's obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or destroyed
Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of this Lease.
12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability
insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insured,
until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The policies
shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation. Upon Lessor's request, Lessee
agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with evidence of proper
insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is not obligated to) obtain insurance
on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges.
13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under
this Lease within ten days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the
default within ten days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement Lessee has made in this Lease shall
prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment, (e)
the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged beyond repair, (f) a petition is filed by or against Lessee under
any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor's affiliates).
14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of
default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which may
be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounted at the
higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the right to
require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so
long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have the
Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes
possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as may be
allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will
reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) that
Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce
Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose
to enforce them at the time of Lessee's default
15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary, so long as no default shall have occurred
and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, without
representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. "Fair
Market Value" shall be equal to the value which would be obtained in an arms-length transaction between an informed and willing buyer and an informed
and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not be a
deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the sole
expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, shall mutually
agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent appraisers' evaluation
shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor 90 days' prior
written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase
prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in full force and effect
including the obligation to pay Rent.
16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non-appropriation of funds occurs in accordance with Section 3, or (c) Lessee does not purchase
the Equipment pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard any
carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendations or
specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition." "Average Saleable Condition"
means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, without the
need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective parts or accessories.
Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor.
17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and
throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the
State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located; (d) Lessee
is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equipment and any other
documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized, executed
and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding agreements,
enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of
Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essential to the immediate
performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease Term only by
Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary action to include
in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee has complied fully with
all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;
(i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease
constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the
inception of this lease; (j) all payments due and to become due during Lessee's current fiscal year are within the fiscal budget of such year, and are included
within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (k) all financial information Lessee has
provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition.
18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will promptly notify
Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such financial information
as may reasonably request from time to time, and (c) Lessee will take any action Lessor reasonably requests to protect Lessor's rights in the Equipment and
to meet Lessee's obligations under this Lease.
19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE
EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any
real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where the
Equipment is located a waiver of any rights they may have in the Equipment.
20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole or
in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no such
assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address
of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Lessee
agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in the assignment, notwithstanding any
claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have against
Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be requested by
Lessor or its assigns to protect their interests in the Equipment and in this Lease.
21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action which
Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives
any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge five percent (5%) of such overdue amount, limited, however,
to the maximum amount allowed by law.
22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be leased. By
signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay Rent.
Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's payments under
this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to the repayment of principal
and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay any amounts in excess of the
legal amount.
23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other
agreement TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of this
Lease shall remain in effect TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE IS A "FINANCE
LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) obtain
credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies.
To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor's documentation and investigation costs.
24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lessor at
Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of Lessor's
notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is signed, Lessee or
Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
25. ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this Lease,
the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until the Lease has
been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; or (ii) does business
in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any
law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of the Lease will not be used to fund any unlawful activity; (c)
the funds used to repay the Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, and no Covered Entity
engages in any dealings or transactions prohibited by, any laws of the United States.
As used herein: "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury
Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Commerce
Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange
Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country" means a country subject
to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entity or thing
listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions
(including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Authority or otherwise
subject to, or specially designated under, any sanctions program maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial
institutions to obtain, verify and record information that identifies each lessee that opens an account What this means: when the Lessee opens an account,
Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessor to identify Lessee,
such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information and documentation
relating to certain individuals associated with the business or organization.
27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A
JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections
508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or revoke acceptance
of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in any Equipment in
PNC Equipment Finance, LLC
("Lessor")
/
X •--1\00. (00(1
Authorized Signature
Print Name
Title: aryn Goldschmidt
995 Dalton Ave. Officer
Cincinnati, OH 45203
City of McCall
("Les ")
X
d Signature
ckie J Aym
Pr t Name
Mayor
Title:
November 29, 2018
Date
216 E Park Street
McCall, ID 83638
Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under any statute or otherwise
which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide Lessee with notice of default,
intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limit or modify any of Lessor's rights or
remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREACH OF WARRANTY OR
INDEMNITY, MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT, WHICH CAUSED IT. Lessor will not be liable for specific
performance of this Lease or for any losses, damages, delay or failure to deliver Equipment.
28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee authorizes
Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee individual
accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls using an automated
dialing system to cell, VoIP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges may be incurred
for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS
IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY
NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT
BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE. LESSEE
AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND
COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL
LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
OPINION OF COUNSEL
I have acted as counsel to the above-referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee and Lessor
(the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have deemed
relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or agency of a state
within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performance of the Lease
by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and binding obligation
of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of creditors' rights,
and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of the Lease and all other
proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open-meeting laws, public
bidding laws, and all other applicable state laws. The undersigned certifies that (s)he is an attorney duly authorized to practice law in the State
of Idaho.
The foregoing opinions are limited to the laws of such State and federal laws of the United States.
Attorney of Lessee
By: See attachment on next page
Print Name:
Law firm:
William F. Nichols
WHITE PETERSON
ATTORNEYS AT LAW
WM. F. OIGRAy, HI
MATTHEW A. JOHNSON
JAY J. KIIHA **
LOURDES A. MATSUMOTO
WILLIAM F. NICHOLS *
PHILIP A. PETERSON
WHITE, PETERSON, GIGRAY & NICHOLS, P.A. WILLIAM L PUNKONEY
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200 TERRENCE R. WHITE **
NAMPA, IDAHO 83687-7901 OF COUNSEL
WILLIAM F. "BUD" YOST
TEL (208) 466-9272 OF COUNSEL
FAX (208) 466-4405 * Also admitted in OR
EMAIL: wfn(.ihitepeterson.com ** Also admitted in WA
December 4, 2018
PNC Equipment Finance
c/o City of McCall, Idaho
Attn: BessieJo Wagner, City Clerk
Re: City of McCall, Lease No. 98982756-1
Greetings:
As modified by the Non-Appropriation Addendum, here is the required opinion letter
from Lessee's counsel.
1) The City of McCall is duly organized and legally existing as a political subdivision
under the Constitution and laws of the state of Idaho. 2) The Lease referenced above has been
duly authorized, executed and delivered by the City and, subject to any applicable bankruptcy,
insolvency, moratorium, or other limitations found in Idaho law, is enforceable against the City
in accordance with its terms. 3) To the best of my knowledge, there is no litigation pending or
threatened which seeks to restrain, enjoin, or in any other way challenges the authority of City to
enter into the Lease or make an appropriation for payment of an annual lease payment. 4) The
Lease has been authorized, approved, and executed in accordance with all applicable open
meeting, public records, and public bidding laws.
Very truly yours,
WHITE PETERSON
424.3
CERTIFICATE OF ACCEPTANCE
Lease Number 98982756-2
Quantity Description Serial No.
2 GM 3500-D
4 Greenmaster 3150-Q
3 Greenmaster TriFlex Hybrid 3320
1 GM 3280-D 4WD
Together with all attachments, tooling, accessories, appurtenances and additions thereto
Lessee, through its authorized representative, hereby certifies to Lessor that:
1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location
given in the Lease Agreement ("Lease");
2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d)
in good working order;
3. Lessee accepts the Equipment for all purposes under the Lease as of , 20 (the
"Acceptance Date"), which is the date on which the Equipment was delivered and installed;
4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's
purposes; and
5. Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has
occurred, and all of Lessee's statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS 29 DAY OF November , 20 18
City of McCall
("Lessee")
r-- Autho Signature
'e J. Ay on
Pri ame
ayor
Title:
November 29, 2018
X a
Date
216 E Park Street
McCall,ID 83638
City of McCall
RESOLUTION NO. 18-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY,
STA .1.1, OF IDAHO, PROVIDING FOR FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A "EQUIPMENT
LEASE AGREEMENT" AND A "NON-APPROPRIATION ADDENDUM" BETWEEN THE
CITY OF MCCALL AND PNC EQUIPMENT FINANCE, AND PROVIDING AN EFFECTIVE
DATE.
Lessee: City of McCall
WHEREAS, The McCall City Council, a body politic and corporate duly organi7ed and existing
as a political subdivision, municipal corporation or similar public entity of the State or
Commonwealth (the "State") is authorized by the laws of the State to purchase, acquire and lease
certain equipment and other property for the benefit of the City of McCall and its inhabitants and
to enter into contracts with respect thereto; and
WHEREAS, pursuant to applicable law, the McCall City Council ("Governing Body") is
authorized to acquire, dispose of and encumber real and personal property, including, without
limitation, rights and interest in property, leases and easements necessary to the functions or
operations of the City of McCall; and
WHEREAS, it is in the best interests of the City of McCall to enter into a lease with PNC
Equipment Finance, LLC, denoted as "EQUIPMENT LEASE AGREEMENT" and
"NONAPPROPRIATION ADDENDUM", for the reasons and authority for which are as set forth
in the two Agreements; and
WHEREAS, the Governing Body hereby fmds and determines that the execution of one or more
Lease-Purchase Ageements or lease schedules ("Leases") in the principal amount not exceeding
the amount stated above for the purpose of acquiring the property ("Equipment") to be described
in the Leases is appropriate and necessary to the functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
Section 1. Findings
The City Council of the City of McCall finds:
Page 1 013
Resolution 18-25 PNC Equipment Finance, LLC Agreements
November 29, 2018
Section 1. Jackie 3. Aymon, Mayor of the City of McCall acting on behalf of the City of McCall,
is hereby authorized to negotiate, enter into, execute, and deliver that certain Agreement
with PNC Equipment Finance, LLC, entitled "EQUIPMENT LEASE AGREEMENT" and
"NON- APPROPRIATION ADDENDUM", and to bind this City to its terms and
conditions. All other related contracts and agreements necessary and incidental to the
Leases are hereby authorized.
Section 2. By a written instrument signed by The Mayor, the Mayor may designate specifically
identified officers or employees of the City of McCall to execute and deliver agreements
and documents relating to the City of McCall on behalf of the City of McCall.
Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated
above and shall bear interest as set forth in the Leases and the Leases shall contain such
options to purchase by the City of McCall as set forth therein.
Section 4. The City of McCall's obligations under the Leases shall be subject to annual
appropriation or renewal by the McCall City Council as set forth in each Lease and the City
of McCall's obligations under the Leases shall not constitute general obligations of the City
of McCall or indebtedness under the Constitution or laws of the State.
Section 5. As to each Lease, the City of McCall reasonably anticipates issuing not more than .
$10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not
"qualified 501(c)(3) bonds") during the fiscal year in which each such Lease is issued and
hereby designates each.Lease as a qualified tax-exempt obligation for purposes of Section
265(b) of the Internal Revenue Code of 1986, as amended.
Section 6. The City of McCall Clerk is directed to file this Resolution forthwith in the official
records of this City of McCall.
Section 7. This resolution shall take effect immediately upon its adoption and approval.
PASSED and approved by the City Council of the City of McCall this 29 day of November 2018.
Signed: ie J. A ongayor
ATTEST:
I, the undersigned City Clerk identified below, does hereby certifii that I am the duly appointed and
acting Clerk of the above City of McCall, a political subdivision duly organized and existing under
the laws of the State of Idaho, that I have the title stated below, and that, as of the date hereof the
individual named Jackie J. Aymon is the duly elected officer of the City of McCall holding the office
ofMayor.
Page 2 of 3
Resolution 18-25 PNC Equipment Finance, LLC Agreements
November 29, 2018
By. .4441,1141 r A A.- 'it' Of er, City Bessiek
The undersigned City Clerk of the City of McCall hereby certifies and attests that the undersigned
has access to the official records of the City Council of the City of McCall, that the foregoing
resolution was duly adopted by the City Council of the City of McCall at a meeting of The City
Council and that such resolution has not been amended or altered and are in full force and effect
on the date stated below.
1 certi_bi that the above resolution was duly adopted by the City Council of the City of McCall on
November 29, 2018 by the following vote: Ayes: 5
erk
Noes: 0
00"io,ikbsent: 0
OV MeC4
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Page 3 of 3
Resolution 18-25 PNC Equipment Finance, LLC Agreements
November 29, 2018
PN C
EQUIPMENT FINANCE
Rider
to
Lease Agreement No. 98982756-2 (the "Agreement")
dated November 19, 2018
By and Between
PNC Equipment Finance, LLC ("PNCEF")
and
City of McCall ("Lessee")
This Rider is executed and delivered by PNCEF and Lessee in regard to the Agreement.
Return Provisions — Turf Equipment
Pursuant to Section 16 of the Agreement, Lessee may return all, but not less than all, of the Equipment at
the expiration of the lease term with respect thereto, at Lessee's expense to such location as PNCEF may
designate, in the condition required pursuant to Section 16 of the Agreement and any applicable Rider.
Lessee must give PNCEF written notice of its election of this option not later than 120 days prior to the
expiration of the lease term with respect thereto. If, in the opinion of PNCEF, any item of the Equipment
fails to meet the standards set forth in Section 16 and any applicable Rider, Lessee agrees to pay on
demand all costs and expenses incurred in connection with repairing the Equipment and restoring it to such
condition, including its assembly and delivery.
Until Lessee has fully complied with the notice and purchase requirements set forth herein, Lessee's Rent
payment obligation and all other obligations under the Agreement shall continue from month to month
notwithstanding the expiration or termination of the term of lease. PNCEF may terminate Lessee's right to
use the Equipment upon 10 days' notice to Lessee.
In addition to the requirements of Section 16 of the Agreement relating to the condition of the Equipment
upon return thereof by the Lessee to PNCEF, the following return conditions shall apply to turf equipment:
• The disassembly of the Equipment shall be according to manufacturer's recommendations and by a
licensed rigger/erector specializing in such Equipment, including the proper blueprinting, mapping,
tagging and labeling of each individual part (including cables, electrical and wires). All process fluids
and/or any hazardous materials will be removed from the Equipment and disposed of in accordance
with the then current local, state and Federal waste disposal laws, rules or regulations (including, but
not limited to, any Environmental Protection Agency rules and regulations). PNCEF shall be held
harmless from any property damages to the disassembly site and public liability arising therefrom
• Notwithstanding anything to the contrary contained in the Lease, and in addition to the terms and
conditions contained herein, Lessee shall, at Lessee's sole cost and expense, return all, but not less
than all, of such Equipment to Lessor immediately upon the expiration of the Initial Term of Lease or
any extensions and with respect to each item of Equipment, as applicable, the following must be true:
• All safety equipment must be in place and meet applicable federal, state and other governmental
standards.
• All covers and guards must be in place with no sheet metal, plastic or cowling damage.
• All parts, pieces, components and optional equipment must be present, installed and operational.
• All accessories shall be returned in proper order.
• All motors shall operate smoothly without overheating and shall have good bearings and bushings.
• All electronic controls shall operate per manufacturer's specifications. Controls which bypass normal
operations shall be repaired at Lessee's expense.
• All electrical systems shall be able to provide electrical output as specified by the manufacturer.
• All batteries shall be in good, safe operating condition with no dead cells or cracked cases. Batteries
shall hold a charge and provide adequate power to operate the equipment.
1 of 2
City of McCall
By:
Printed
Title:
-
ame: Jackie J. Aymon
Mayor
• All Equipment shall have serviceable tires, with 50% remaining tread, retaining proper air pressure,
and without repair patches.
• All oil and grease seals must contain lubrication in the manufacturers designed reservoir.
• All Equipment must have a relatively clean appearance.
• All Equipment shall be free from excessive wear necessitating major component repair or replacement
caused by lack of recommended maintenance as detailed in customer operation/maintenance
manuals.
• All Equipment shall be free from structural damage or bent frames.
• Any usage or metering devices must not have been altered in any way.
• All Equipment attachments, if any, must be in good operating condition.
• All hydraulic cylinders must not be bent, nicked, gouged or leaking.
B. RETURN PERFORMANCE. Each item of Equipment must be able to complete
the following tests:
• Operate normally in forward and reverse directions through all its speed ranges or gears.
• Steer normally right and left in both forward and reverse.
• Have all functions and controls work in normal manner.
• Be able to stop with its service brakes in a safe distance in both forward and reverse.
• Operate without leaking any fluids.
• Perform its designed functions in a satisfactory manner.
• All cutting units (if applicable) must be able to lower, turn on, run, raise and shut off as they are
designed to do.
C. REQUIRED PURCHASE. If any item of Equipment is damaged or does not
meet the standards set forth above for the return condition of such Equipment or if
the Lessee fails to discharge Lessee's obligations set forth above with regard to
any item of Equipment, Lessee shall pay to Lessor, immediately upon demand, the
Stipulated Loss Value of such item of Equipment.
• Annual hour usage shall be limited to 600 hours. Additional hours used will be chargeable to Lessee
at the rate of $10.00 per hour.
• Proof in writing is required from a manufacturer's representative or qualified technical service
representative that the Equipment has passed performance tests within the manufacturer's
specifications and has been recertified for continued maintenance.
Dated: (i) 201
PNC Equipm nt Finance, LLC .... IA
cLAA,ryl G69049C4701101fr By:
Printed Name:
Title:
Taryn Goldschmidt
car
2of2
Non-Appropriation Addendum
Lessee/Renter/Customer: City of McCall Purchase-Lease Agreement
Dated: November 19, 2018
Lessor: PNC Equipment Finance, LLC Lease, rental or contract application#: 98982756-2
This Non-Appropriation Addendum (this "Addendum") is made by and between
the above-referenced lessee, renter or other customer ("City") and the above-
referenced lessor ("Lessor").
Introduction: City and Lessor are simultaneously herewith entering into the
above-referenced lease, rental, or other agreement (the "Lease"); and City and Lessor
wish to modify and/or supplement the terms of the Lease, as more particularly set forth
herein below. This Addendum shall be effective as of the same date as the Lease (the
"Effective Date").
1. Incorporation and Effect. This Addendum is hereby made a part of, and
incorporated into, the Lease as though fully set forth therein. As modified or
supplemented by the terms set forth herein, the provisions of the Lease shall remain in
full force and effect, provided that, in the event of a conflict between any provision of
this Addendum and any provision of the Lease, the provision of this Addendum shall
control. In entering into this Addendum, it is the intent of City and Lessor to conform the
terms and conditions of the Lease to the requirements of all applicable federal, state
and local laws, rules and regulations relating to governmental entities and public
finance. If any term or condition of this Addendum is unenforceable or unlawful, then
PNC Equipment Finance Non-Appropriation Addendum — Page 1
such provision shall be deemed null and void without invalidating the remaining
provisions of the Lease.
2. Definitions. Capitalized terms herein that are not otherwise specifically
defined herein shall have the same meanings as set forth in the Lease. As used in this
Addendum, the following terms shall have the following-described meanings:
"Goods" shall have the same meaning as the term "Equipment," "Leased
Equipment," "Goods" or "Property" (or a similar term) as defined and used
in the Lease.
3. Non-Appropriation of Funds. City hereby represents, warrants and
covenants to Lessor that: (a) City intends, subject only to the provisions of this Section
3, to remit to Lessor all sums due and to become due under the Lease for the full multi-
year term thereof; (b) City's governing body has appropriated sufficient funds to pay all
amounts due to Lessor during City's current fiscal period; (c) City reasonably believes
that legally available funds in an amount sufficient to make all such payments for the
full multi-year term can be obtained; and (d) City intends to do all things lawfully within
its power to obtain and maintain funds from which all such payments to become due
during the full multi-year term of the Lease, including making provision for such
payments to the extent necessary in each budget or appropriation request submitted
and adopted in accordance with applicable law. Notwithstanding the foregoing, the
decision whether or not to budget and appropriate funds is within the discretion of City's
governing body. In the event City's governing body fails to appropriate sufficient funds
to make all payments and pay other amounts due and to become due during City's
PNC Equipment Finance Non-Appropriation Addendum — Page 2
future fiscal periods, City may terminate the Lease as of the last day of the fiscal period
for which appropriations were received (an "Event of Non-appropriation"). City agrees
to deliver notice of an Event of Non-appropriation to Lessor at least 30 days prior to the
end of City's then-current fiscal period, or if an Event of Non-appropriation has not
occurred by that date, promptly upon the occurrence of any such Event of Non-
appropriation and to return the Goods pursuant to the return requirements stated in the
Lease on or before the effective date of termination. City and Lessor understand and
intend that City's obligation to make payments and pay other amounts due under the
Lease shall constitute a current expense and shall not in any way be construed to be a
debt, obligation, or liability in contravention of any applicable constitutional or statutory
limitations or requirements concerning City's creation of indebtedness, nor shall
anything contained herein constitute a pledge of City's general tax revenues, funds or
monies.
4. Additional Representations, Warranties and Covenants of City. In
addition to the other representations, warranties and covenants made by City as set
forth in the Lease, City hereby represents, warrants and covenants to Lessor that: (a)
City has the power and authority under applicable law to enter into the Lease and this
Addendum and the transactions contemplated herein and therein and to perform all of
its obligations hereunder and thereunder, (b) City has duly authorized the execution
and delivery of the Lease and this Addendum by appropriate official action of its
governing body and has obtained such other authorizations, consents and/or approvals
PNC Equipment Finance Non-Appropriation Addendum — Page 3
as are necessary to consummate the Lease and this Addendum, (c) all legal and other
requirements have been met, and procedures have occurred, to render the Lease and
this Addendum enforceable against City in accordance with their terms, and City has
complied with such public bidding requirements as may be applicable to the Lease and
this Addendum and the transactions contemplated herein and therein, (d) upon
Lessor's request, City will provide Lessor with a copy of City's current financial
statements within 150 days after the end of each fiscal period, and (e) during the term
of the Lease, unless and until the Lease is terminated in accordance with Section 3
above, City shall provide to Lessor, no later than 10 days prior to the end of each fiscal
period, with current budgets or other proof of appropriation for the ensuing fiscal period,
and such other financial information relating to City's ability to continue the Lease, as
Lessor may request.
5. Indemnification. To the extent City is or may be obligated to indemnify,
defend or hold Lessor harmless under the terms of the Lease, any such indemnification
obligation shall arise only to the extent permitted by applicable law and shall be limited
solely to sums lawfully appropriated for such purpose in accordance with Section 3
above.
6. Remedies. To the extent Lessor's remedies for a City default under the
Lease include any right to accelerate amounts to become due under the Lease, such
acceleration shall be limited to amounts to become due during City's then current fiscal
period. In the event that City is obligated to return the Goods to Lessor, the same shall
PNC Equipment Finance Non-Appropriation Addendum — Page 4
be done at City expense so long as the destination is not more than 100 miles distant
from the City of McCall; otherwise, Lessor shall pay the expense of transportation to the
destination designated by Lessor. After an Event of Non-appropriation, so long as the
lease payment for the then current fiscal year has been paid, upon delivery of the
Goods in the manner prescribed and so long as the Goods shall be in the same
condition as when received by City (ordinary wear and tear excepted) and is in good
operating order and maintenance as required in the Lease, City's obligation to Lessor
shall be deemed satisfied. To the extent that the Lease contains a limitation of
remedies clause restricting remedies available to the City, such limitation shall be
subject to Article 8, Section 4, of the Idaho Constitution.
7. Tax warranties. Notwithstanding anything in the Lease to the contrary,
City makes no warranties regarding whether any portion of the lease payments are
interest or that the interest is exempt from taxation because of City's governmental
status. City will and does warrant that it is a municipal corporation organized under the
laws of the-state of Idaho, and will complete any IRS or other tax agency forms that
Lessor directs so long as the information sought and factual representations to be
made on the forms can be made accurately within the format of the forms. City
reseives the right to include any explanation of data that City deems necessary to avoid
misrepresenting any facts on said forms. A determination by any taxing authority that
the lease payments, or any part of the lease payments, are includable in Lessor's gross
income shall not constitute a default under the Lease and will not result in any increase
PNC Equipment Finance Non-Appropriation Addendum — Page 5
in amounts payable under the lease.
8. Accessions and attachments. Notwithstanding anything in the Lease to
the contrary, any accessions or attachments made to the Goods by the City are not part
of the Goods, and are not part of the Lease unless the accessions or attachments are
provided by Lessor or Lessor's affiliate and are part of the description of the Goods
contained in the lease, or, are bona fide replacements of original equipment integral to
the Goods at the time of delivery to the City. At termination of the Lease, before the
Goods are returned to Lessor, City will remove any accessions or attachments it has
affixed to the Goods and will repair any damage to the Goods occasioned by the
removal of the same.
9. Preservation of right of offset. Notwithstanding anything in the Lease
to the contrary, City retains the right to offset against amounts due under the Lease any
defense, claim, setoff, or counterclaim or other right, existing or future, which City may
have against the Lessor, or the entity that supplied the Goods.
10. Insurance. Notwithstanding anything in the Lease to the contrary,
Lessor shall not be City's attorney in fact in any way or for any reason including but not
limited to insurance. City shall not be obligated to assign any insurance policies, titles,
rights or benefits to Lessor. The City shall name the Lessor as a loss payee on the
insurance coverage for the leased personal property. City shall have no obligation to
add the Lessor as an additional named insured because the City's insurer prohibits
such addition.
PNC Equipment Finance Non-Appropriation Addendum — Page 6
11. Opinion letter by Counsel for City. The opinion letter, if any, required
by Lessor from counsel for the City shall only require that counsel opine on: 1) whether
the City is duly organized and legally existing as a political subdivision under the
Constitution and laws of the state of Idaho; 2) whether the Lease has been duly
authorized, executed and delivered by the City and, subject to any applicable
bankruptcy, insolvency, moratorium, or other limitations found in Idaho law, is
enforceable against City in accordance with its terms; 3) whether there is any litigation
pending or, within counsel's best knowledge, threatened which seeks to restrain,
enjoin, or in any other way challenges the authority of City to enter into the Lease or
make an appropriation for payment of an annual lease payment; and 4) whether the
Lease has been authorized, approved, and executed in accordance with all applicable
open meeting, public records, and public bidding laws. No further opinions shall be
required unless Lessor is willing to fully and adequately compensate counsel for the
additional requested opinions and the liability thereby assumed.
12. Governing Law and Forum. Notwithstanding anything in the Lease to
the contrary, the Lease and this Addendum shall be governed by, construed and
enforced in accordance with the laws of the state of Idaho, and any proceedings related
to the lease will be adjudicated in state or federal court in Idaho.
13. Miscellaneous. This Addendum, together with the provisions of the
Lease not expressly inconsistent herewith, constitutes the entire agreement between
the parties with respect to the matters addressed herein, and shall supersede all prior
PNC Equipment Finance Non-Appropriation Addendum — Page 7
ie Ayr,oferdor
oral or written negotiations, understandings and commitments. This Addendum may be
executed in any number of counterparts, each of which shall be deemed to be an
original, but all of which together shall be deemed to constitute one and the same
agreement. A facsimile or other copy of this Addendum with facsimile or copied
signatures shall have the full force and effect of the original for all purposes, including
the rules of evidence applicable to court proceedings.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease
Addendum the day and year written above.
Lessee:
City of McCall
Lessor:
PNC Equipment Finance, LLC
By
C_A4tAit-nN
Name/Title idt
Officer
PNC Equipment Finance Non-Appropriation Addendum — Page 8
4
•
0::•• tt.P ..r
•
Turf Equipment & Irrigation, Inc.Prepared for:
Boise Idaho
Prepared by:
Scott Marquart
scott.marquart@turfequip.com
208-870-7686
Qty Model Number Unit Price Extension
2 30807 $31,352.27 $62,704.54
2 30841
6 107-0235-03
2 115-4754
4 04358 $29,751.34 $119,005.36
12 04652
4 04627
4 04646
4 04554
4 115-4754
3 04530 $40,333.66 $121,000.98
9 04655
3 04626
9 04648
9 04271
3 04646
3 04554
3 115-4754
1 30345 $39,317.93 $39,317.93
1 31336
2 93-5974
1 110-0624-03
7 24-5790-01
14 325-8
14 3253-7
1 30313
1 30398
1 30382
1 30298
1 30701
1 114-5610
1 120-6640
1 115-4754
1 900450
$342,028.81
342.028.81
McCall Golf Course
Proposal Date: 11/13/2018
Expiration Date: 10/31/2018
Quote ID: 2339288
Description
GM 3500-D
Work Light Kit
BLADE-ATOMIC
MYTURF WIRELESS HOUR METER ASSEMBLY
Greenmaster 3150-Q
8 BL Cutting Unit
Wide Wiehle Roller (.92" Spacing) (Set of
3)
Spring Loaded
Light Kit - LED
MYTURF WIRELESS HOUR METER ASSEMBLY
Greenmaster TriFlex Hybrid 3320
14 BL Cutting Unit
Narrow Wiehle Roller (.200" Spacing) (Set
of 3)
Universal Groomer Drive
Stiff 21 Grooming Brush
Spring Loaded
Light Kit - LED
MYTURF WIRELESS HOUR METER ASSEMBLY
GM 3280-D 4WD
72" Side Discharge deck with 4 castor
wheels
8 INCH FOAM FILLED WHEEL ASM
BLADE-ROTARY, ATOMIC
WEIGHT-REAR
SCREW-HH
WASHER-LOCK
Air Ride Seat Suspension
Milsco Seat
12V Power Port/Electrical Accessory Kit
Cab-GM3280, Winter, Heat Only
Cab Road Light Kit (Mounts to GM360 model
31202 or GM3280 heat only cab, 30298)
Total on this is $335,528.81 taking $6,500.00 off for trade.
Erkine Snowblower for 3280
WORK LIGHT KIT
AUX VALVE KIT FRONT COUPLER
MYTURF WIRELESS HOUR METER ASSEMBLY
TOTALS
Equipment Total
Total
Turf Equipment & Irrigation, Inc.Prepared for:
Boise Idaho
Prepared by:
Scott Marquart
scott.marquart@turfequip.com
208-870-7686
Quote ID: 2339288
McCall Golf Course
Proposal Date: 11/13/2018
Expiration Date: 10/31/2018
FINANCING
Purchase equipment for $1
End of Lease Options
Fair Market Value
Purchase equipment for FMV, Re-Lease, Return Equipment, Standard return conditions apply, Hourly excess
usage charges.
$1 Out - Conditional Sales Contract
Documentation fee of $250, Rates set in relation to market conditions, First monthly payment in
advance, All rates and terms subject to credit approval. Rates and payments subject to change.