HomeMy Public PortalAbout110-2019 - KS State Bank - 6 trash trucksStandard Non-App 149Q
GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
City of Richmond, Indiana KS StateBank
50 North Fifth Street 1010 Westloop; P.O. Box 69
Richmond, Indiana 47374 Manhattan, Kansas 66505-0069
Dated as of October 1, 2019
This Goveinmenl obligation Can tract dated as oft It a dale listed above is he Mean Obligee and obligor Ili teddheetty al,ave, Obligee desires to finance the purchase of the Equipment describad
In Exhibit A to Obligor and Ohllgar desfres to bove obligee finance the purchase of the Equiprnentsubject to that tam and conditions of Ibis Cantroct which are set forth below.
I. Definitions
Section 2.01 Ociiniltons.'fhe following terms will have the meanings Indicated below unless the context dearly requires otherwise;
"Additional Schedule" refers to the proper execution of addidor al schedules to Exhiblt A and Exhiblt a, as well as other exhibits or documents that maybe required by the Obligee all of which
relate to the financing of additional Equipment..
"Oudget Yaar" means the Obligar's fiscal year.
"Commencement [)are' Is she date when Obligors obligation to pay contract Payments begins.
'Contract" means this Goverment Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents felled upon by
obllgea prior to execution of this Contract.
"Contract Payments` means that payments Obligors required to make under Ihis Contract as set forth on Exhibit B.
"Contract Term" means the Original Term and all RencyralTenrtts.
'Fxhible'Includes the Ex WI%attached hereto, and any"Additional Schedule", whether now Wsting or subsequently created.
"Equipment" means all of the Items of Equipment hilad an Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations,
modifications and impfovcmcnts.
"Govainmam"as used In the title harcal means a State ar a politicaisubdivislon of the state within the meaning of Section !o3(a) of the Internal Revenue Code of INS, osamended (`code').
or a constituted authority or districtauthorlxed to Issue obfigallons anbehalf al theState or pofilrcalsubdi0slon of the Stele within the meaning of Treasuryllegulalion 1,103-1th), ora qualified
volunteer fire campa ny within the meaning of section 150(e)(1) .(the Code,
"obligee" means Illegality otlglnally listed above as Obligee or anyor Its assignees.
"Obligor" means the entity listed above as obligor and which Is financing 1he Equipment through Obligee under the provisions of this Contract,
'OriEmal Tarns" 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 and of the Original Term and which b simultaneous with Ohllgoi s Budget Year and each succeeding Budget Year for the number
of Budget Years pecessary to comprise the etintractTerm.
State' means the state which Obligor is located.
H. Obllgor Warfanlles
Section 2 01 Ohlittor represents warrants and covenants as follows for the benefit of obIlRea or Its assixneesc
(a) obllgarls an "Issuer of laxexempr obligall(NIP because obligor Is the state or a politicalsubdivision of the state within The meaning al section 103(a) of thelntemalacvenuc Coda of
1996, as amended, (the "Cade") or because Ohligar is a constituted authority or district authorized to Issue ebllgalfnnf an behalf of theState orpaptfralsubdtvlslon of the State wlthln
the meaning of Treasury Regulation 1103.1(6), of a qualifled,rolunleerfire company Within the meanlnz of section 150(c)(1) of the Code.
(b) Obllgarhas complledwlth any requirement fora referendum and/arcompetillve bidding,
(c)abligorhas compliedwith all stalutorylaws, and regulations that maybeapplicable to the execution orthis Contract; obligor, and its offrcerexecutfngtfilseontracyareauthorizedunder
the Constitution and lava 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 Cantraet has the authority to execute and deliver this Conlract.This Contract eonsgtutes a legal, valid, binding and enforceable obligation of the obligor
in accordance with its terms.
(d) Obligorahall use the Equipmentonly foressentlol, traditional government purposes.
(e) Should thelRSdisallowINiax•axemptstaturofihelntcrestportionoftheContractPaymentsasaresultoftherallunaoftheobligortousetheEquipmentfargovernmentaipurposes,
or should the obligorcea se to he an Issuer of taxexemptablleatlons, or should the obligation of Obllgor created under this Contract cease to he a tax exempt obligation fcrany reason,
then Obligor shall he requlmd to pay additional sums to the Obllgce orits asslgnees 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) In the event that the Internal Revenue code of 1996,as currenllyarnended(the "Code"), should be further amended arreplaced:01 to reduce corporate and/orindMelual Income lax
rates or fit to reduce or eliminate the extent to which the Interest portion of the Contract Payments Is excludable from gross Income, then, at that Written request of Obligee or Its
assigns, Obligor shall pay to obliges or Its assigns with each contract Payment payable after the effective date of such amendment of replacement such additional amounlas necessary
to bring the after tax yield on each such Contract Payment to the same effective rate that Obilgae at Its assigns would have received had there occurred no such amendment to or
raplacement ar the Code. Notwithstanding any other provision of tlifs Agreement, Obllgorshall have the rlght to exercise Its option to pumbase the Equipment pursuant to Section 3.04
hereof on the effective data oranysuch amendment or replacement.
is) obIlEar has never non•approprlated funds undera conitaetslmilar to this Contract.
(h) obligor will submit to TheSecrelaryoftheTreasuryanInformationreportingstatemcntasrequiredbytheCode.
(I) Upon request by Obligee, obligor will provide Obligee winh current financial statements,reports, budgets or other relevant fiscal information.
�) Obligor shall retain the Equipment free of any hazardous substances as defftied In the Comprehensive Environmental Response, Comperssatlon and Uablllty Act, 42 U.S.C. 960f et. seq,
asamended andsuppiclnented.
(k) Obligor hereby warrants the General Fundof the Obligaristhe primarysauree orrundsera backupsource ofrandsfram which the Contract Paymentswili be made.
(1) DbIlgarpreschtlyInternth: to continue this Contract for The OrIgInalTanstandall Renewal Terms as set forth on Exhibit B hereto, The official of0blig.rrasponsIble rarbudgetpreparatlon
will Include In the budget request for each Budget Ycar the Contract payments to become due In such Budget Year, and Will use ail reasonable u nd lawful means available to secure the
apprepriatlon of money rorsuch Budget Yearsufficiant to pay th , Contract Paymentscoming due therein, Obligor reasonably believes that moneyscan and will lawfullybe appropriated
and made avallable for this purpose,
(m) obligor hasselecled both the Equipment and the vendor(s)fromwhom the Equfpmanlls to be purchased upon its oven judgmentand without reliance on any manufacturer, merchant,
vendor or distributor, or nvent thereof, of such equipment to the public.
(n) obligor owns the Equipment and any additional collateral free and clear of any Ilem, and obligor has not and will not, during the Contract Term, create, permit, incur or assume any
levies, liens or encumbrances of any kind with respect to the Equipment or any additional collateral except thoso created by this Contract.
Section 2.02 Esemw Agreement. In the event both Obligee and Obligor mutuallyagrce to uflllze an Escrow Account, then Immediately following the execution and delivery of this Contract,
Obligee and Obllgo r agtec to execute and dolrvorand to -use Escrow Agent to execute aitd deliver the Escrow Agreeraeht. This Contra ct shall take effect only upon execution and delivery of
the EscroW Agreement by the parties thereto, Obligee shall deposit or dause to be deposited with the Escrow Agent for credit to the Equlpme at Acquisition Fund Ib rsum of N/A, which shelf
he held, Invested and disbursed In accordance with the Escrow Agreement.
Ill, Acquisition of Equipment,Contract Payments and the Purchase Option Price
Sectlon3.01 Acoursllfon and Acceptance. Ohligarshall he solcly rospons161e for the ordering of the Equlpmentand furthe deilvetya nd Installation of the Equipment. Execution of the Certificate
ofAcceplance or, alternatively, Payment Request and Equipment Acceptance Form, by duly authorized representative of Obligor, shall constitute acceptance of the Equipment on behalf of
the Obligor.
Section 3.o2 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 lis a sslgneas. The Contract Payments shall constitute a current expense of fhe olaRgor and shall not constitute an Indebtedness
orihe Obllgor.Thc Contract Payments, payable without notice or demand, are due as set forth on Exhibit S. Obligee shall have the option to charge interest at the highest lawful rate on any
Contract No. 110-2019
Contract Payment recelved laldr ilia n the clue date for ilia number of days that the Contract Paymentlsl worn to to, Plus any additional ocerval on the outstanding bahmee (orthe number of
days tha f the Contract Paymanl(s) watc late. Obrigccsha It also have the option, on monthly payments only, to charge a fate fee of up to to%of the monthly Contract Payment that Is past due.
Furthermore, ObllgoragreesIa payany fees associated With the use of n payment system other than ched;,wirc transfer, orACH.Onco aITaInounis due Obligee licrtunderhave been recelved•
Obligee will release any and all of its rights, title and Interest in the Equipment.
SEeT1ON3.03 CONTRACT PAYMENTS UNCONDITIONAL. Except as provided under Sectidn 4.01,IHE OBUGATIONS OF OBLIGOR TO MAKE CONTRA[[ PAYMENTS AND TO PERFORM AND
OBSERVE THE OTHER COVENANTS ComTATNEO IN THIS CO.WRACF SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUTABATEMENT, DIMINUTION, DEDUCTION, SET-OFF, OR
50015CTTO DEFEN5E OR COUNTERCLAIM,
Secrian 3.oA Purchase Option Price. Upon lhlrly (30) days written notice, obllgorshall have the option td pay, in addition to the Contract Payment, the corresponding Purchase Option Price
which is lisihid an the same line on Exhibit B.7111s opllon is only available to the Obligor on the Uhntract Paymanl dale and no pestial prepayments are allowed. If Obllgorchaoses thisoptivn
and pays the Purchase Option Price to Obligee then Obligee will transferany and all of its rights, title and Interest In the Equipment to obligor.
Sectlan 3.0S Contract Term. The Contract Term shall be the Original Term and all Renewal Termt until all the Contract Payments a re paid as set forth on Exhibit B except as provided under
Section 4.D1 a nd5ecllon 0.01 below. If, of ter the end of the budgeting process which occurs at the and of the Original Term orany Renewal Term, Obligor has not non appropriated as provided
for in this Contract then the Contract Term shall be pxlended Into the not Renewal Term and the Obligor shall ba obligated to make all the Contract Payments that come duo during such
Renewal Torm.
Section 3.06 Dlaclalmor of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBUGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT
THEREOF, OF SUCH EQUIPMENTS NOR IS OBLIGEE A MERCHANT -CH INTHE BUSINESS OF DISTRIBUTING SUCH EQUIPM ENTTOTHE PU BUC OBUGEESHALL NOT BE LIABLE FOR ANY INCIDENTAL,
INCIRECT.SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR.
IV. Nan-Approprlallon
Section d.01 Nan -Appropriation. ll insufficient funds are available lit obligor's budget for The urxt Budget Year to make the Contract Payments for the next Renewal Tetm and flit funds to
make such Contract Payments are olhanvlse unavailable by any lawful means whatsoever, then Obligor may non-applopriato the funds 1. pay the Contract Payments for the next Renewal
Term. Such non-appropriotlon shall be evidenced by the passage of a n ardlnance or resofutlon by the governing body of obligorspecilieally prohibiting Ohllear from performing Its obligations
under this Cantrarl and from using any moneys to paythe Contract Payments due underlhls ConUart fora designated BudgetYear and allsubsequent BudgetYeafs. If Obligor non-approptiatesr
then all obifgallont of the obligor under this contract regarding contract Payments for all remaining Renewal Tetras shall be tezminatodat the end of the then current Origina ITerm at Renewal
Term without penally or liability to the Obligor of any kind provided that If Obligor has not delivered possession of the Equipment to Obligee as proylead herein and conveyed to Obllgct or
released Its Interest in ilia Equipment by the end of the last Budget Year forwhich contract Payments were paid, the Termination shall nevertheless be effective but Obllgorsfaall be responsible
for the payment of damages to an amount equal to the amount or the contract Payments thereafter coming due under Exhibit B which ate Atulbulable to the number of days after such Budget
Year during which Obligor falls to take such actions and for any other loss suffered by ObBgce as a result of Obligor's failure to take such actions as required. Obligor shall Immediately notify
the 01aligee as soon as Ilia decision to non-appraprfate is made. If such nap-oppropfiatian occurs, then obllgorslsalf deliver the Equipment to Obligee as provided belay inSectlon 9.04, Obligor
shall be liable farall damage to tile Equipment other than normal wearand tear. If Obligor falls to deliver the Equipment to Obligee, then obligee may enter the premises where the Equipment
Is located and take possesslon of the Equipment and charge Obligor forcosts Incurred.
V. Insurance, Damago,fnsulficlency, of Proceeds
Sectlon S.01 Insurance. Obligorshallmalmoln both properlyinsurance and liability Insurance at Lis ownexpensewith respect to The equipment, obllgorshall be sofeiyrespo0sihle. forsalaciing
the lnsurer(s( and for making r II prtmlum payments and ensuring that all policies are continuously keptln effect dulling the period when obligor Is required to make Contact Payments. Obligor
shall provide obligee with a certificate of Insurance Which Ibts the Obligee and/ar assigns as a lass payee and an additional insured an the policies with respect to the Equipment.
(a) OblfBorshaif insure the Equipment against any loss ordarnage by fire and all other tasks covered by ilia standard extended coverage endorsement then in use In the State and any other
risks reasonably required by Obligee In an amount a t least equal to the then applicable Purchase Option Price of The Equipment. Allerda0vely, Obligor may Insure the Equipment under
a blanket insurance policy or polities.
(b) The lfabRlty lnsurancashaii Insure obliged from lfabililyand property damage In any form and alp.untsalisfactary, to Obligee.
(c) Obllgormayself-Insure against The casually risks and liability risks described a have. If Obligorchoeses this option, Obligor must furnlsh Obligee with it cerlifica it and/orother documents
which evidences such coverage.
(d) -All Insurance policies issued oraffecled by that Section shall be so written or endorsed such that the Obligee and its assignees ate named addlttona l lnsuicds and loss payees and that all
losses are payable to Obligor and obligee or Its assignees as their interestsmayappear. Each pollcyIssued or affected by lhisSectlon shall c.ritaln a provision that the insurance company
shall not cancer or materially modify the polleywilhoul first giving thirty (30) days advance nonce to Dbllgee or Itsatsfgnees. ObBgarshali furnish to obligee certificates evfdencingsuch
coverage throughout the ContractTerm.
Section 5 02 Damage to or Destruction of Equipment. Obligor assumes the risk or loss or damage to the Equipment. If the Equipment or any porllcn thereof Is lost, stolen, damaged, or
destroyed by fire or other casually, Obligor will immediately report all such losses to all possible Insurers and take the proper procedures to abtaln all insurance proceeds. At the option of
obligee, obligorshall either (1) apply the Net Proceeds to replace, repair arrestare the Equipment or 11) apply the Net Proceeds to The applicable Purchase Option Price. For purposes of this
Section and Sectlon S,03, the loam Net Proceeds shall mean tilt amount of fnsurance proceeds collected from all applicable Insurance policies after deducting all expenses Incurred in the
collective thereof.
srctlon503 insufficiency of Net Proceeds, Irthera are no Net Proceeds rorwhateverreasanor If the Net Proceedsare Insufficient to pay in full the cost .(any replacement, repair, reaterdtion,
modification or improvemerit of the Equipment, then ofillgor shall, at the option of obliged, either (1) complete such replacement, repair, restoration, modillcallon 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 deRclency, It any, to the oblige..
Section 5.04 Obligor NeOl ience. Obligor assumes all risks and Iiab111tles, whether or not covered by insurance, for loss or damage to the Equipment and for Injury to at death at 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 whelhersuch properly damage be to Obfigar's property or
Tile propertyof others (Includlpg,wflhout hailtallon, Rabllllies for foss or damage related to the release or Threatened release of hazardous substances under the ComprehensiveEnvironmental
Response, Compensation and Ilabllily Act, the Resource Conservatio n and Recovery Act or similar arsuccesior law orany State or local equivalent now existing or herelnalterenacted which
in any mannerarlse out of orare incident to anypossession, use, operation, condition or storage of any equipment by obligor), which is proximatelyca used by the negligent conduct of obligor.
Its oaf iters, employees and agents.
Sactlon5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees td reimburse Obligee for all liabilities, obligations, rosier, damages, penaltles, claims, actions, costs and
expenses (Including reasonable attorneys' tees) of whatsoever kind and nature, Imposed on, Incurred by at asserted against Obilgec that in any way relate to or Visa out of a claim, suit or
proceeding, based fit whale or hi 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 this maxlmuro extent permitted bylaw.
VI. Tltleatisdcudtylnlerdsl
Setllo n 6.01 Title. Title to the Equipment shall vest In Obligor wben Oblfgar acquires and accepts the Equipment. Title to Tho Equlpmentwlll automatically transfer to the Obllgea in The avant
Obligor pan-appropilales under Section 4.01 at In the event ObBgor defaults under Section 0.01. In such event, obligor shall execute and deliver to Obligee such documents as Obfigee may
request to evidence the passage of legal title to the Equlpment to Obliged.
Section 6.02 Security Interest.'(. secure the payment of all Obligors obligations under this Contract, as well as all other obifgallons, debit and Ifablllt(es, plus Interest lhemon, whether now
existing or subsequently created, Obligor hereby plants to Obligee a security Interest under the Unlrarm Commercial Cade constituting a first lien on The Equipment described more fully on
Exhibit A. Furthermore, Obligor agrees that any other collateral securing any rather abtigalion(s) to Obrigee, whether offered prior to arsubsequent hereto, also secures this obligation. The
security Interest established by this section Includes not only all addltlans, 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 Cade to perfect the security interest created hereunder. Obligor agrees thata ny Equipment listed on
Exhibit A Is and will remain personal property and will not be considered a fixture even if attached to real property.
vil. Assignment
Sectlon 7.01 Assixnment by Obliged. All of Obllgce% rights, title and/or Interest In and to this Contract maybe assigned and reassigned In whole orin part to one or more assfglides or sub -
assignees by Obligee at any time without the consent or Obligor. No such assignment shall be directive as against Obligor until the assignor shall have filed with Obligor written notice or
assignment identifying The assignee, obllgorshall pay all Contract Payments due hereunder relating to such Equipment to or at the direcilon of Obligee or the assigned Armed In the notice of
asslgnmetiL Obligor shall keep a complete and accurate record or all such a sslgnmants.
Section 7.02 Assianment by Obligor. None of obligor's right, llticand Interest under this Contract a lad 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 natlonally recognized counsel stating that such assignment will not jeopardize the tax-exempt
status of the obligation.
Vlll, Maintenance eif Equlpment
Sectrone.01 gnuipmaal. Oblllmrsh38 keep the Equipmentin goad repair and working order, and as required by manufacturers and warranty specilieallons. If Equipment consilis of capitol,
obligor is required to an ter Inc o z copler maintenance/service agrecment.06;lgcc shall have ne obligation to Inspect, lest, service, maletaIn, repair or make Improvements or additlons to the
Equipment under any circumstances, Obligorwit l be liable for all damage In ill- Equlpment, alher than normal avaar and Isar, caused by Obligor, Its employees or Its agenls.0bligorshalf pay
for and obtain all permits, licenses and taxes related to the ownership, Instal laden, opcmtlun, possession, storage, of use of the Equlpment. If the Equipment includes any tilled vehicle(s), then
Obllgatir responsible for obtaining such tille(s) from the State and also far ensuringihalO6ligee Is listed as Firat tienholderan all of the thlo(s), Obligor shall not use the Equipment to havi,
conveyor transport hazardous waste as dellned In the Resource Conservation and Recovery Act, A2 U,S.0 5901 et. seq. Obligor agrees that obllgec or Its Assignee may execute any additional
documents including financing slate men ts, affidavlls, notices, and slmllar instruments, for and on behalf of•Obligorwhlch Obligee deems necessary or appropriate to protect obligee's Interest
In the Equipment and in Ibis Contract. Ohllgarsliall allow Obligor: to Examine and Inspect the Equipment at all reasonable times.
Ix. Default
Saction9.01 Events of Deraull delmed. The following events shall constitute an "Eutntor DcfAule under this Contract:
(a) Failure by obligor to pay any contract Payment listed on Exhibit 8for fiflcan(151 days zRarsuch payment is due according to the payment Data listed an Exhibit 8.
(b) Failure to pay any other payment required lobe paid under ibis Contract at the time spedied herein and coritlnuatfon of said failure for it period of fifteen (151 days after written
notice by Ob11Eee thatsuch payment must be made. if Obligorconlinues to fall to pay any paymentaftersuchperiod, then Obligte may, 6utwlll not be obligated to, make such psychotics
and charge, obligor Tara If costs incurred plus Interest at the highest IMMI raja.
(cl Failure by Obligor to observe and perform any Warranty. co ,nnant,condillon, promise or dusty under this Contract Tara period of thirty (30) days after written notice specifying such
(allure Is given to Obligor by Obligee, unless Obligor: agrees In writing town extension of time. Obligee will not unreasonably withhold BY consent to an extension of time If collective
action Is instituted by Obligor. Subsection (e) does not apply to Contract Payments and other payments dercussed above,
(d) Anyslalemenl, material omission, representatlao nrwarranly made by obligarin or pursuant to this contract which proves to be false, lncarrec[ormisleadrng on the dafewhen made
regardless of Obligors Intent and which matatlallyadversc(y affects the rights arseeurily of 061rgats under this Contract.
(e) Any provision of this Contract which ceases to be valid for whaleverteason and the loss of such provision would materially adversely affect the rights or security of Obligee.
(1) Except As provided In Section 4.04above, Obligoradmits in writing its inablilly to paylls obligations,
In) Obligor defaults on one or maraol'Usotherohligallons.
(h) obligor becomes insolvent, is unable to pay Its debts ms they become due, makei an assignment for the benefit of creditors, applies for or consents to the appointment of a recelver,
trustee, conservator, custodian, or liquidator of obligor, or all or substantially all of Its assets, at petition for relief is filed by obllgar under federal bankruptcy, Insolvency or similar
laws, or Is filed against Obilgorand is not dismissed within thirty (301 days thareafier.
SeelloA 9.02 Ramedios an Default. Whenever any Eventof Default exists, Obliges tball have the right to take one or any combination of the following ramedial steps:
(a) With or without terminating this Contract, Obllgce may declare all Contract PAymemsand other amounts payable by Obligor hercunder to the end of the then currant Budget Year to
be Immediately due and payable.
(b) With or without terminating this Contract, O6Rgee may require Obligor atObligors expense to redeliver anyorall oflha Equlpmentand anyaddtlonal 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 falls to deliver the Equipment and any additional collateral,
Obligee may enlerthe pramttetwhara the Equlpmentand any additional collateralls located and take possession of the Equlpmentand any -add tional collateialond charge O6Rgor for
costs incurred. Notwithstanding that Obligee has taken possession of the Equlpment and anyaddiliooal collateral, Oblrgor shall still be obligated to pay the remaining Contract Payments
due up until the end of the then current Original Term or Ranowal'Farm. Dbirgorwill he liable for any damage to the Equipment and any additional collateral caused by Obligor or Its
employees orngents,
(c) Obligee may take whatever action at law aria equity, that mayappcar necessary, ordesirable to enforce Its rights. Obllgorsholl be responsible to obligee forall costs incurred by Dblrgae
In the enforcement of its rights under this Contract Including, but not limited to, matchable attorney fees.
Sectlon9.ni No Remedy Exclusive. No remedy herein conferred upon arreserved to Ohilgee is Intended to he exclusive and every such remedy shall be eumulalrvc and shall be In addition to
every other remedy given under Ibis Contract how or hereaftaroxlsting at law orin equity. No delay or omission to exercise any right or power aecruing upon any default shall Impair any such
right ar shall be construed to be a waiver thereof.
Seethmil04 Returner Eaulomentandslomee.
(a) Surrender: The obligor shall, at Its own expanse, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the
Oblfgee In the eventola default era non -appropriation by delivering the Equlpmentand anyadrtllonal collateral to the Obligee to a location a ceestibie by eommoncarrierand designated
by Obligee. In the case that any of the Equipm entand any a ddlllonal collateral consists arsoftwarej Obligor shail destroy all intangible ltems constituting such safllvare and shall deliver
to Obligee all tangible items constituting such:oltvrare. At Obligee'stequest, obligorshallaiso certlry In a formaccepiable to Obligee that Obligor has compiled vsllh the above software
return previsions and that they will Immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to Inspect oblls.ea lacote- to verify
compliance with the terms hereto.
(b) Detivery:71ca Equipmentandanyadditional collateral shall be delivered to the location designated by the Obligee by a common earlier unless the obligee agrees In writing thala common
carrier Is not needed, When the Equipment and any additional collateral Is delivered Into the custody of a common carrier, the obligorshall arrange for the shipping of the Item and Its
Insum nee In lransh In accordance with the Obligee's instructions and at the obligor's sole expense. Obligor at Its expense shall completely sever and disconnect the Equipment and any
additional collateral or its component parts from the obligor's property all without liability to the Obligee. Obligor shall pack orcrate 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 recammendallont of the ma nurzcturer. The obligor shall deliver to the
Obligee the plans, spedficallems, operation manuals Pr olherwarrantles and documents furnished by the manuracturer or vendor on the Equipment and why additional collateral and
such other documents fit the obligor's possession relating to the maintenance and methods of operation of such Equipment andany, additional collateral.
(c) Condition: Whin the Equipment Is surrendered to the Obllgee It shall be In the condition and repair required to be maintained under this Contract. it will also meet all legal regulatory
conditions heetssmy far the 0611gee to sell or least It to a third party and be free of ail (lens, If Obligee reasonably determines lhzt this Equipment or an item of the Equipment, once it
Is returned, is not in the condition required hereby, Obifgaa may cause the repair, service, upgrade, modification oravelhaul of the Equipment or an Item of the Equipment to achieve
such condition and upon demand, ObBgorshAl promptly reimburse Obligee far all amounts reasonably expended In connection with the foregaing.
(d) Storage: Upon tvrltten request bythe Ohllgee,the obligorshall provide Roc storage for the Equipment and any additional collat,ml fora period not to exceed 60 daysafterlha expiration
of the Contract Tam hereto returning it to the Obligee. The Obligor shall arrange for the insurance dercilbtd to continue In full force and efleet with respect to such item during Its
storage period and the obligee shall reimburse the Obligor on demand far the Incremental premium cost of providing such Insurance.
X. Miscellaneous
Seclron1o.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or malled by registered mail, pas lags prepaid, to the parties attharr respective places
of business as first set fords herein Eras the parties shall designate hereof lerin willing.
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 sa lisfacarm, and Obggae has executed the Contract. Thereafter, this Contract shall Inure to the benefit of and shall be binding upon obllgea and obligor and their
respective successors and asslgm,
Section 10.03 Seyerablllly. In the event any provision of this Contract shall be held Invalid or unenforceable by aaycourt of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
seed n1004 Amandmontz Addenda. Changes or Modifications .This Contractmay baamended, added to, changed or modified by written agreement duly executed by Obligee and Obligor.
Furthermore, Oblige. reserves the right to directly charge or amortize Into the remaining balance due front Obligor, a reasonable fee, to be delarmaned at that time, as campensatio , to
Obllgae for tha additional administrative expense resulting from suchamendmant, addenda, change or modification requested by Obligor.
S ctionlo DS Execution in Counterparts. This Contract maybe simultaneously executed In several counterparts, Each of which shall be. an original and all of which shall constitute but one and
the same Instrument.
Seclion10.06 Captluns.The captions or headings in this Contract do not define. limit or describe the•scope or Intent of any provisions or sections of this Contract.
Section 10,07 Master Contract.Thls Contract can be 0111lred Asa Masicrcontract. This means that the Ohiigee and the Obligor may agree to the financing of additional Equipment under this
Contract a t some point in the future by executing one or more AdditionaiSchcdules to ExhIbIEA and Exhibit B, as well as other exhibits ordocumems that maybe required by Obligati. Additional
Schedules will be consecutively numbered on each of the exhibits which makeup the Additlonal5chedufeand all the terms and conditions of the Contmctshall govern each Additional Schedule.
section 10 os Entire Wrlting.This Contract cansthutes the, entire writing between Ohllgee and Obligor. No waiver, cedsent,.modlicaliod orchange of terms of this Contractshall bind either
party unless in writing and signed by both parties, and then such waiver, content, madificallon orchange shall be effective only In the specilrc inslanee and for the specific purpose given. There
are no undtolx ndings, agreements, representations, tonditlpns, or warrantees, 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 connectian 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.
Obligee and Obligor haveeauscd this Contract to be executed in thclr names by their duly authorized representalives listed below.
City of Rich d, lodlana
rgn V C- Ilk f ! I C✓ rC S 1 4-o—, �4
Printed Name ar dTlllc
I<S Statel3ank
Sigh I Irre
Marsha Jarvis, SeniorM—Presi ent
Primed Name and7llle
Schedule(011
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (obligor)
Below is a detailed description of all the Items of Equipment including quantlty, model number and serial number where applicable:
Six (6) 2019 New Way 22 AS Sidewinder Fully Auto ma led Refuse Trucks
Physical Address of Equipment after Delivery: 5242 New Paris Pike, Richmond, IN 47374
Schedule (011
EXHIBIT B
PAYMENTSCHEDULE
RE; Government obligation contract dated as of October 1, 2019, between KS State6ank (Obllgee) and City of Richmand, Indiana (Obligor)
Date of First Payment: At Closing
Origlnei Balance: $1,333,512.00
Total Number of Payments: Six (6)
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
$243,140.76
$0-00
$243,140.76
$1,119,259.51
2
01-Oct-20
$243,140.76
$40,779.88
$202,360.88
$907,681.87
3
01-Oct21
$243,140.76
$39,211.58
$209,929.18
$690,137.74
4
02-Oct22
$243,140.76
$25,960.23
$217,780.53
$466,458.86
5
01-Oct-23
$243,140.76
$17,215.24
$225,925.52
$236,472.24
6
01-Oct-24
$243,140.76
$8,765.63
$234,375.13
$0.00
IPrintcd
of Ric �u�
rcG NameandT le
`Assumes all Contract Payments due to date are paid
Duplicate
Original
Schedule (01) .
EXHIBIT C
ACCEPTANCE OF OBLIGATION
TO COMMENCE CONTRACT PAYMENTS UNDER EXHIBIT B
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (Obligor)
I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing
body of Obligor to sign this Acceptance of Obligation to commence Contract Payments with respect to the above referenced Contract. I hereby
certify that:
1. The Equipment described on Exhibit A has not been delivered, installed or available for use as of the Commencement date of this Contract.
2. Obligor acknowledges that Obligee has agreed to deposit into a Vendor Payable Account an"amount sufficient to pay the total purchase price
(the "Purchase Price") for the Equipment so identified in such Exhibit A;
3. The principal amount of the Contract Payments in the Exhibit B accurately reflects the Purchase Price;
4. Obligor agrees to execute a Payment Request and Equipment Acceptance Form authorizing payment of the Purchase Price, or a portion
thereof, for each withdrawal of funds from the Vendor Payable Account.
Notwithstanding that the Equipment has not been delivered to or accepted by Obligor on the date of execution of the Contract, Obligor hereby
warrants that:
(a) obligor's obligation to commence Contract Payments as set forth in Exhibit B is absolute and unconditional as of the Commencement Date
and on each date set forth in Exhibit B thereafter, subject to the terms and conditions of the Contract;
(b) immediately upon delivery and acceptance of all the Equipment, Obligor will notify Obligee of Obligors. final acceptance of the Equipment by
delivering to Obligee the "Payment Request and Equipment Acceptance Form" in the form set forth in Exhibit F attached to the Contract;
(c) in the event that any Surplus Amount is on deposit in the Vendor Payable Account when an event of non -appropriation or default under the
Contract occurs, then those amounts shall be applied as provided in Section 11 of the Contract;
(d) regardless of whether Obligor delivers a final Payment Request and Equipment Acceptance Form, all Contract Payments paid prior to delivery
of all the Equipment shall be credited to Contract Payments as they become due under the Contract as set forth in Exhibit B.
City of Rich ond, 1 diaA
Sig tUre •
Sue Miller, President
Printed Name and Title
W111111111L
Duplicate
Original
RICHMOND SANITARY DISTRICT BOARD RESOLUTION NO. 5-2019 Schedule(01)
EXHIBIT o
OBLIGOR RESOLUTION
RE: Government Obligation Contract dated as of October 1, 2619, between KS StateBank (Obllgee) and cciity of Richmond, Indiana (Obligor)
At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on , O 13/ Ip1 the following
resolution was introduced and adopted:
BE IT RESOLVED by tite Governing Body of Obligor as follows:
1. Determlnatlon ofNeed. The G;ovprning Body of0blIgor has determined thata true and varyreal need exists for the acquisition ofthe Equipment
described an Exhibit of the Government Obligation Contract dated as of October 1, 2019, between City of Richmond, Indlana (Obligor) and KS
StateBank (Obligee).
2. Approuaf and Authorization, The Governing Body of Obligor has determined that the Contract substantially in the form presented to this
meeting, is in the best interests of the Obligor for the acquisition of such Equipment and the Governing Body hereby approves the entering Into
of the Contract by the Obllgor and hereby designates and authorizes the following persons) to execute and deliver the Contract on obligor's
behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement,
necessary to the consummation of the transaction contemplated by the Contract.
Authorizedlndividual(s); Sue Miller, President Emily Palmer, City ronrrnllex
(TypedorPrintedNaraeandTltleoflntlMduallsiauthorizedtoexecutet eContract)
3. Adoption of Resolution. The signatures below from the designated Individuals from the Governing Body of the Obligor evidence the adoption
by the Governing Body of till solutlon.
i
Signature:
Printed Name & •LFfie\ Sue Miller
Attested By: t,m.roneadditlona�/f `' v — V
i5pnalpers wboeanwitncssthapassagcofthlsResolution)
Printed Name&Title: Denise JoAnson, Secretary
(Printed Narne of individual who signed directlyabova)
Duplicate
I I
Original
Richard E. Boston
Robert L. Bever
Ronald L. Cross
'Walter S. Chidester
Douglas B. Oler
Adam G. Forrest
Andrew J. Sickmann
Aubrey J. Crist
Austin A. Shadle
Of Counsel
KS StateBank
1010 Westloop; P.O. Box 69
Manhattan, Kansas 66505-0069
ATTORNEYS
OPINION OF COUNSEL
August 2, 2019
27 North St" Street
Richmond, IN 47374
Phone 765.962.7527
Fax 765.966.4597
15 North Foote Street
Cambridge City, IN 47327
Phone 765.478.3737
Fax 765.478.6391
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBarnk (Obligee) and
City of Richmond Indiana (Obligor)
Ladies and Gelallenien:
As legal counsel to Obligor, I have examined the foregoing Contract and such other opinions, documents
and matters of law as I have deemed necessary in connection with this Contract. Based on the foregoing, I
am of the following opinions:
1. Obligor is apolitical subdivision of the State of Indiana, or a constituted authority authorized to issue
obligations on behalf of a political subdivision of the State.
2. Obligor has the requisite power and authority to purchase the Equipment and to execute and deliver
the Contract and to perform its obligations under the Contract. The Contract and the other documents
either attached hereto or required herein have been duly authorized, approved and executed by and on
behalf of Obligor, and the Contract is legal, valid and binding obligation of Obligor enforceable in
accordance with its terms.
3. The authorization, approval and execution of the Contract and all other proceedings of Obligor
relating to the transactions contemplated thereby have been performed in accordance with all open
meeting laws, public bidding laws and all other applicable state and federal laws.
4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency,
arbitrator or governrnental body that challenges the authority of the Obligor- or any of the Obligor's
officers or employees to enter into the Contracts.
5. The above opinion is for the sole benefit of the Obligee listed above and can only be relied upon by
the Obligee or any permitted assignee or subassignee or successor of Obligee under the Contract.
Walter S. Chidester, Attorney No. 210-89
Contract Attorney for the Richmond Sanitary District
www.bbkcc.com
BOSTON BEVER KLINGE ACROSS & CHIIDESTER
Schedule (011
EXHIBIT E
OFFICER'S CERTIFICATE
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (Obligor)
I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing
body of Obligor to sign this Officer's Certificate with respect to the above referenced Contract. I hereby certify that:
1. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to
be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied In payment of all Contract Payments
due and payable during such current Budget Year.
2. Obligor has obtained insurance coverage as required under the Contract from an Insurer qualified to do business in the State. i
I
3. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
4. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized
representative of Obligor who signed the Contract.
5. 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
By signing below, Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be
made.
City of Rich and, Indiana
sl ature
ue Miller, President
Printed Name and Title
Duplicate
Original
y,.
Schedule (01)
EXHIBIT F
PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (Obligor)
In accordance with Section 11.01, by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the.
Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services
to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment
delivered or services rendered by the Payee or Payees. The Obligor hereby represents and warrants for all purposes that:
1. Pursuant to the invoice attached hereto, the amount to be disbursed is $ 243, 140. 76 and this amount is consistent with the
Contract between Obligor and Vendor.
2. Payment isto be made to: Payee: • KS State Bank, Government Finance Department
PO.Box 69 Manhattan .KS 66505-0069
3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is
a request for a release of funds from the Vendor Payable Account to pay for a portion, or all, of the Equipment: (1) Invoice from the Vendor,
(2) copy of the Contract between Obligor and Vendor (if requested by the Obligee), (3) Insurance Certificate (if applicable), (4) front and back
copy of the original MSO/Title listing Kansas State Bank and/or its assigns as the first lien holder (if applicable). By executing this Payment
Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this
portion of the Equipment for all purposes under the Contract, including, without limitation, the obligation of Obligor to make the Contract
Payments with respect thereto in a proportionate amount of the total Contract Payment.
4. No amount listed in this exhibit was included in any such exhibit previously submitted.
S. Each disbursement hereby requested has been incurred and is a proper charge against the Vendor Payable Account. No amount hereby
requested to be disbursed will be.paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of
execution and delivery of the Contract,-
6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor's
specifications and accepted for all purposes.
7. That Obligor is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim
to such title that Obligor will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to
secure title to such Equipment, or a portion thereof, and keep the Contract in full force and effect. Furthermore, Obligor has obtained
insurance coverage as required under the Contract from an insurer qualified to do business in the State.
8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to
be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments
due and payable during-s6ch current Budget Year.
9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing
body of Obligor to sign this Payment Request and Equipment Acceptance Form.
Please forward this document and any correspondence relatingto vendor paymentto:
dmorris @ ksstate.bank
or Fax: (785) 587-4016
Please call (877) 587-4054 If you have any questions.
City of ' h d, Indiana
Signature
Sue Miller, President
Printed Name and Title
Duplicate
Original
Schedule (01)
EXHIBIT G
SIGNATURE CARD
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (Obligor)
The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making
payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below, the undersigned represents and warrants that s/he
has received all appropriate authority from City of Richmond, Indiana.
City of Ri ond, Indiana
,;��KigrVure
Sue Miller, President
Printed Name and Title.
Sig u of additi al authorized individual (optional) of Obligor
Signature
Emily Palm , City Conttaller
Printed Name and Title
D'.
plicate
Original
Schedule(01)
EXHIBIT H
OBLIGOR ACKNOWLEDGEMENT
RE: Government Obligation Contract dated as of October 1, 2019, between KS StateBank (Obligee) and City of Richmond, Indiana (Obligor)
Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that isthe subject of the above -mentioned Contract.
Please complete the below information, attach another page if necessary
Vendor Name: Southeastern Equipment Co. Inc.
Phone: 317-266-9178
Contact Person: Xim Benson
Equipment: Six (6) New Way Sidewinder 22ASL Fully Automated Trash Trucks
Cost of Equipment: $186,543.26 each. Total for six (6) $1,119,259.51
Vendor Name:
Phone:
Contact Person:
Equipment:
Cost of Equipment:
Vendor Name:
Phone:
Contact Person:
Equipment:
Cost of Equipment:
Vendor Name:
Phone:
Contact Person:
Equipment: '
Cost of Equipment:
Vendor Name:
Phone:
Contact Person:
Equipment:
Cost of Equipment:
Obligor will immediately notify Obligee if any of the information listed above is changed.
Ferm8038-0 Information Return for Tax -Exempt Governmental Obligations
(Rev. September2ol&) li� Under Internal Revenue Code section 149(e) OMB No. 1545-0720
Department of the Treasury / See separate instructions.
Internal Revenue Service Caution: If the issue price is under'$100,000, use Form 8038-GC. j
Renortino Authoritv If Amended Return: check here 0- ❑
1
Issuers name
2
Issuers employer identification number (EIN)
City of Richmond, Indiana
35.6001174
3a
Name or person (other than issuer) with whom the IRS may communicate about this return (see instructions)
3b
Telephone number of other person shown on 3a
4
Number and street (or P.O. box if mail is not delivered to street address)
Roomisuite
5
Report number (For IRS Use Only)
50 North Fifth Street
13 F
6
City, town, or post office, state, and ZIP code
7
Date of -issue
Richmond, Indiana 47374
10/01/2019
8
Name of issue
9
CUSIP number
Government Obligation Contract
None
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (seE
10b
Telephone number of officer or other
instructions)
employee shown on 10a
Ms. Emily Palmer, City Controller
(765) 983-7218
Type of issue (enter the issue price). See the instructions and attach schedule:
11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .
14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
17 Utilities . . . . . . . . . . . . . . . . . . . . . .
18 Other. Describe ► Six (6) 2019 New Way22 ASL Sidewinder Fully'Autornated.Refuse Trucks
11
12
13
14
15
16
17
18
1,333.512
00
19 If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . . .. . . 1 ❑ y?'^ _11`-fs?:;e,;}4
Ni
If obligations are BANs, check only box 19b . . . . . . . . . . . . . . ... ❑ ` ;.:• ,._ti :^t..,,: '>
�4 tti. 1
20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . . . . . . ► El ` } ' a `
�1:7117 nasrnrinfinn of obligations. Complete for the entire issue for which this form is being filed.'
(a) Final maturity date
(h) issue price
(c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e) Yield
21
10/01/2024
$ 1,333,512.00
$ 1,333,512.00
3.513 years
3.706 %
T Uses of Proceeds of Bond Issue (including underwriters' discount)
22
23
24
25
26
27
28
29
30
Proceeds used for accrued Interest .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
Issue price of entire Issue (enter amount from line 21, column (b)) .. . . . . _ . . . . . ..
Proceeds used for bond issuance costs (including underwriters' discount) 24 0 00'
Proceeds used for credit enhancement . . . .. . . . . . . . . . . . 26yv
Proceeds allocated to reasonably required reserve or replacement fund . . . 26
Proceeds used to refund prior tax-exempt bonds. Complete Part V. 27 .
Proceeds used to refund -prior taxable bonds. Complete Part V. -28
Total (add lines 24 through 28) . . . . . . . . . . : . . . . . . . . . . . . . . .
Nonrefunding proceeds of the issue subtract line 29 from line 23 and enter amount here
22
23
1,333,512 00
~:ell
a k�
29
0 00
30
1,333,512 00
Description of Refunded Bonds. Complete this part only for refunding bonds.
31
32
33
34
Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . . . . . . !' years
Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . . . . . .. .)• years
Enter the last date. on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . . . f
Enter the date(s) the refunded bonds were issued / (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate Instructions. Cat. No. 63773S
Form 8038-G (Rev. 9-2011) '
36 Enler Ilia amount ofiho slate valuma cap Mlocaled In [lie issue under secilon 141(b)(5) . . . . .. . . . as
36s Enterthe amount of gross pfaceeds inwasled or to beInvesled In a guamnleed Iriveshnenl contract (GIP) • .
(see Instructions) . .. . . . . . . . . . . . . . .. . . . . . . . 360
b Enter the final mstudly datb of the GICi> (MMiDDNYYY)
c Enterlhe nnme otihe'GiC provider lr
37 . Pooled flnancirlgs:Enter the amount of the proceeds of this Issue that are to be used to make loans
to nibe� governmenfel units .. .. . .... ... . .. . . , . . . 37
311a if tills Issue is a loan made from the proceeds of snolherlaX.oxompl Issue, check box Y ❑ and enter the foliovfmg Informoften:
b Enterlhedale ofthe maslarpoolbolid)-(MMIDDIYYYY)
c EnlerlheElNoflheIssuer bfthe masterpoolbond p
d Enlerlhenameof ilia isjuergnhemasiorpeolbond
l>
39 If lice Issuer has destaneled the Issue undersecllon 2s5(h)(3)(B)(I)(III) (small Issuer exeeption), Check box . . . . . . Y' ❑
40 If the is'suet has elected In pay a penalty in lieu of arbitrage rebate, check box.. . .. . . .. . • • • • • • • ❑
412 jj the Issuer has Iduhllned a hedge, oheckhere Y- ❑ and enter the following informaliow ,
h Name orhadge provider 'p-
a Type orhadve I-
d Term of hedge } Y ❑
42 If the issuer has superinlearated the hedge, check box . .. . . . . . ... • • • . . . • • •
43 Ii the Issuerhas established vlliiten procedures to ensure lhat all nanquallllad bonds oflbls issue are remedlalad ' ❑
according to the requlremenls under the Coda add Ftegulallans (see Instrualions), check box . . . . . • . . • • • • • • • , } ❑
44 if the issuer has estabilshed wdllon procedures to monitor the regalremenis ofsecllon 140, check bilk ,
45a if same portion of the proceeds Was used to reimburse expenditures, check here R ❑ and'enler the amount
of relmburseinent. 1
b Enlerthe dale the ofnclal fnielitvrn's ednpled } (MMIDDIYYYY)
Under panaltlesor perjury, I dadare that I have examined Ihrs relam end aecampanying schedules and slalamenla, and la the bast army kMv110g0
Signature. Ofrecljuldeomplela,INrlherdeelaralha11cansas
nt10theIRSdlscloeuraaiihe'(sluersrelumintomlallan,asnecessEly
p esslhisrclum,lolhe rsonlla lhodzedabeye.
and '
Gnnsent �i�7 - $' �� • I fl �i.� C.f
Sla umoilssue saulhodzedrepwsen1a11Va polo T esr nameand lilla'PYIN
Prinrrrypepreparersnon VIM loll
Ernn pale Cheek❑if
Nam
Paid jJ.4 v eara:2014.032r76:70; Q6r2ir2n19 self-employed p0143r1804
Preparer H•Evan Howe ar
Finn'sHema Y Ha stone Financial l.LC Flrm'sEIN Y 4fl-1223907
l tlSe only Firm'sAddress } 42980 Metcalf Suite 310, PVorlalld Pnrlr,1 S 8824 Phone no. s 11 782.3862
I Form $U36^G (Rev. 9-2011))
i •
a
Iry