HomeMy WebLinkAbout2017 Lease/PurchaseRandy Moyer
From:
Oberle, Nathan <nathan_oberle@clubcar.com>
Sent:
Friday, August 11, 2017 11:18 AM
To:
Randy Moyer
Cc:
Carter, Brian; Holroyd, Trey
Subject:
trades
Hi Randy,
Sorry for the delay. You are good to go with keeping the trades out of the new golf car transaction.
Regards,
Nathan
Tic inlormation contsmarl in this message s pnvl:aged and intended only for "pr; rooipiomis named. If Inc read=r is nmt n •epreaente dive. of IM imcndnd tcc'p"n d.
a.,, rovier.. dissernination or copying of lots meuago or the infomtation a Contains is prohibited. If you havo fecerved Inis message In error, pease iimnecialydy
"ably fee :ender and delete Ine ong,nal messaae and atiacnrhants.
1
DOCUMENTATION INSTRUCTIONS FOR LEASE NUMBER 100-10149991
The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding.
If you have any questions regarding the instructions or the documentation, please call us.
STATE AND GOVERNMENT LEASE -PURCHASE AGREEMENT
1. Bank Qualification Section
• Read and check box if appropriate
2. Lessee Signature
• Print name, title, sign and date (must be authorized officer)
It. ATTACHMENT 1 — LEASE PAYMENT SCHEDULE
• Print name, title, sign and date
III. ATTACHMENT 2 — EQUIPMENT DESCRIPTION —(WHEN PROVIDED)
• Print name, title, sign and date
ADDENDA
Required for. AR, AZ, CO, FL, GA, KS, LA, MI, MN, MS, NC, NJ, NY, OH, OK, & TX
• Print name, title, sign, date and attest when required
V. ACCEPTANCE CERTIFICATE— PLEASE RETAIN UNTIL ALL EQUIPMENT HAS BEEN RECEIVED AND IS IN FULL WORKING ORDER
• Print name, title, sign and date
I ne enclosed torm is a sAMPLL only. I ne actual 81.13rf8 df till vnll ae Completes ana sem to you tar your signature atter Closing, Whit instructions to retum me
original to us at your earliest convenience. This is being done in accordance with the Internal Revenue Service regulations and is a requirement of this financing.
VII. ADDITIONAL DOCUMENTATION THAT MUST BE SENT PRIOR TO FUNDING — (WHEN APPLICABLE) :
❑ Insurance Certificate for Properly — List De Lage Landon Public Finance LLC and/or Its Assigns as "lass payee" to
the address listed below. The certificate must also show the physical address where the equipment is located or the phrase "throughout juris-
diction" may be used. Must also list amount being financed.
❑ Insurance Certificate for Liability— List De Lage Landen Public Finance LLC and/or Its Assigns as "additional insured."
0 Vendor Invoice listing customer as both bill to and ship to parry (to be provided by vendor)
16 Completed Billing Information form
❑ Advance payment check made payable to De Lage Landen Public Finance LLC
0 state sales tax exemption certificate
❑ Escrow Agreement — Return signed Escrow Agreement Incumbency Certificate & Lessee W9
ALL DOCUMENTATION SHOULD BE RETURNED VIA FAX OR EMAIL AS FOLLOWS:
Attention: Jimmy King
Email: iking(Mleasedirectcom
Lease Processing Center
1111 Old Eagle School Road
Wayne, PA 19087
02016 NI Rig%Rws . P,mIM m IN USA 06PFe0C0730 12115
De Lage Landen
1111 Old Eagle School Road
Wayne, PA 19087
Public Finance LLC State and Local Government Lease -Purchase Agreement
PHONE: (800) 736-0220
FACSIMILE: (800) 700-4643
Full Legal Name
Phone teacher
CITY OF SEBASTIAN
7723888205
DBA Name pl any)
Purchase Order Regulation Number
Billing bless
City
Slate Zip
Send twice to Nlmllen of.
1225 MAIN ST
SEBASTIAN FL 32958
Jennifer Smith
Make
Made No.
Sohl Number
Destt Ilon Mem separate Schedule It Necessary)
See Attachment 2 for Equipment Description
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Economics Location (it Mt same as aMml
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Stale rip
Nwft of Lease Payments
Lease Pawwo
60
See Leave Panama Schedule A4MNtl
ae Atummenll
Full Lease Tam (in MUmnt)
60
I
9ycheMig1heb(rbelox. YOU hereoydedgrute this Leauaza'quNlliM lar-uemN mligalgn'as aClded in
SWW2MX3XB)otlaeWmal Revenue CodeaMrepmwtThat Neaggregatetaxiamountofalltax ewt
obligations including pdmle Mlivlly Meds alter than geailhtl 501(x)(3) amdsl Issued or IBM =ad by YOU
- and YOUR separators Books conal the calendar year to whim At rend runs Leatt h had reaarwy etmecho
Pleased Frequency
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❑ Worldly
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❑ Bank Ou ilii&pn Elected
End o1 Lease crude: St
Please read YOUR copy of this State and Loral Goverment Lease -Purchase Agreement ("lease') camluly and feel free to ask US any questions YOU may have about it. Words "YOU' and 'YOUR" refer to
the 'Lem" and the words VE,' US' and "OUR" refer to De Lage Landen Public FIrMnce LLC, its successors and assigns, as the 'Lessor' of the Equipment.
1. LEASE. WE agree to chase to YOU and YOU agree to lean from US. the equipment listed above (and on any attached schedule) including at replacement pans, repairs. additions and accessories
('Equipment') on the terms and conditions of this Lease and on any attached schedule.
2. TERM. This Lease Is effective on the date when the term of this Lease and YOUR obligation to pay ret commence, which date shall be the date Nat funds are advanced by US to YOU. the vendor of the
Equipment or an =raw agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (Ne "Commencement Date) and wnbnues thereafter for an original term ('Original Term")
ending at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional oneyear renewal terms ('Renewal Terms") coinciding with YOUR budget year up to the
total number of months indicated above as the Full Lease Term: provided. however, that at the and of the Original Tenn and at the end of each Renewal Term unfit the Fut Lease Term has been completed, YOU shall
be deemed to have continued this Lane for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section 17. Lease Payments wtl be do as set forth on Attachment 1 until
the balance of the Lease Payments and arty alldWonal Lease Payments or expenses chargeable to YOU under this Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment
is paid as, and represents payment of, interest. YOUR obligation to pay the Lease Payments and YOUR other Lam obligations are absolute and unconditional and are not subject to cancellation, reduction, stuff
or counterclaim except as provided in Section 5. THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION S.
3. LATE CHARGES. Ila Lease Payment Is not made an the dale when due, YOU will pay US a late charge at the rate of 18% per annum or the maximum amount permlRed bylaw, whichever Is less,
from such date.
4. CONTINUATION OF LEASE TERM. YOU currently intend subject to Section 5, to c anfinue this Lease through the Full Lease Term and to pay the Lease Payments hereunder. YOU reamn lily believe that
legally available finds in an amount sufficient to make all Lem Payments during the Full Lease Term can be obtained. YOUR responsible financial officer shall do all things lawfully within his or her power to obtain
and maintain funds lam which the Lease Payments may be made. including making provision for the Lease Payments to the extent necessary In each proposed annual budget submitted for approval In accor-
dance with YOUR applicable procedures and to exhaust all available reviews and appeals t that potion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate
funds and to extend this Learn for any, Renewal Term is solely within the discretion of YOUR governing body.
5. NONAPPROPRIATION. YOU am obligated only to pay such Lem Payments under this Lawn may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current
budget year. If YOU fail to appropriate or otheardse make available funds to pay the Lease Payments required to be paid In the next occurring Renewal Term, this Lease shall be deemed terminated at the end of the
then current Original Term or Renewal Term. YOU ague to deliver written notice to US of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give
such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. 11 this Lease is terminated in accordance with this Section, YOU agree, at YOUR cost and expense, to
peaceably deliver the Equipment to US at the location or locations specified by US.
B. WARRANTIES. WE are leasing the Equipment to YOU "AS -IS" and WE MAKE NO WARRANTIES, EXPRESS 08 IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PAR-
TICULAR PURPOSE. WE transfer to YOU, withouu recourse, for the ten of this learn all wamanfies, R any, made by the manufacturer. YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR
CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIP-
MENT WE SWVl NOT BE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESENTATION OR RESULTING FROM
THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE
OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER.
7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, ATYOUR OWN COST, TO ARRANGE FOR THE ORNERY AND INSTALLATION OF THE EQUIPMENT(UNLESS THOSE COSTS ARE INCLUDED IN THE
COSTS OFTHE EQUIPMENTTO US). IF REQUESTED, YOU WILL SIGN ASEPARATE EQUIPNIENTDEWERY AND ACCEPTANCE CERTIFICATE WE MAYATOUR DISCRETION CONFIRM BY TELEPHONETHATYOU HAVE
ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECTAS A SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE
(Terms and Conditions continued on the reverse side of this Lease.)
YOU which agree10induced
c IM teen ab)Canadianwowning of n MIA sides wack leave, end in any eaxmments tisane (til Lassa Sgmmre Oal�
YOUaghare dGWein ayrnanal am whomBartis Lease.YOU z6nnxleepa IO ham madand agmM Ball the
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The Equipment is: DOEW ❑ USED Thu
Ric Finance Director, CFO
nal Name Kenneth Killciore
Page 1 oft
DE LACE LANDEN PUBLIC FINANCE LLC
Law Numto
100-10149991
Lease Dale
July 10 , 2017
Venda I.D. Number
0000213758-0001
any such Instruments as WE may request to evidence such transfer. As security for YOUR obliga-
tions hereunder, WE retain a security Interest In the Equipment and all proceeds theresf-YOU have
the right to use the Equipment during the term of this Lease, except as otherwise expressly set form
In this Lease. Although the Equipment may become attached to real estate, It remains personal
property. YOU agree not to alter or modify the Equipment or permit a lien to be placed upon the
Equipment or to remove the Equipment without OUR prior written consent. If WE feel it is neces-
sary, YOU agree to provide US with waivers of Interest or liens from anyone claiming any Interest
in the real estate on which any items of Equipment is located. WE also have the right, at reason-
able Omes, to Inspect the Equipment.
9. MAINTENANCE. YOU are required at YOUR own cost and expense, to keep the Equipment
In good repair, condition and working order, except for ordinary wear and tear, and YOU colo supply
all pans and servicing required. All replacement pads used or installed and repairs made to the
Equipment will become OUR property.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED
MAINTENANCE AND/OR SERVICE FOR THE EQUIPMENT. YOU WILL MAKE ALLCLAIMS FOR SERV-
ICE AND/OR MAINTENANCE SOLELY TO THE SUPPLIER ANDIOR MANUFACTURER AND SUCH
CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS,
10. ASSIGNMENT. YOU AGREE NOT TO TRANSFER, SELL, SUBLEASE. ASSIGN, PLEDGE OR
ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR
WRITTEN CONSENT. YOU agree that WE may sell, assign or transfer this Lease so. it WE do, the
new owner will have the same lights and benefits that WE now have and will not have to perform any
of OUR obligations and the rights of the new owner will not be subject to any claims, counterclaims.
defenses or set -avis that YOU may have against US. YOU hereby ammint Municinal RenistrarServices,
No such assignment shall be binding on YOU until the Region
assignor of the time and address of the assignee.
11. LOSS OR DAMAGE. YOU are responsible for the disk
the Equipment. No such loss or damage relieves YOU from or
the Eouioment is dammed by fire or other casualty or Wle t
12. INUEMNHY. WE are not responsible for arty asses or injuries caused by the manufacture.
acquisition. delivery installation, ownership. use, lease, possession, maintenance, operation or reje-
bon of the Equipment or defects in the Equipment. To pre extent permitted by law, YOU agree to mim-
bursa US for and to defend US against any claim for losses or injuries relating to the Equipment. This
indemnity will continue even after the temhination of this Lease.
13. TAXES. YOU agree to pay all applicable license and registration fees. sale and use taxes, per-
sonal property taxes and all other taxes and charges, relating to the ownership, leasing, rental, sale,
purchase, possession or use of the Equipment (except those based on OUR net Income). YOU agree
that 8 WE pay any taxes or charges, YOU will mimburse US for all such payments and will pay US
Interest and a late charge (as calculated in Section 3) on such payments with the next Lease Payment
plus a fee for OUR collecting and administering arty axes, assessments or fees and remitting them
to the appropriate authorities.
14. INSURANCE. During the ton of this Lam YOU wifi keep the Equipment insured against all
risks of loss or damage in an amount not less than the replacement cast of the Equipment, without
deductible and without co-insurance. YOU will also obtain and maintain far the term of this Lease,
comprehensive public liability ireurdnce covering both personal injury and property damage of at
least $10Q000 per person and $300,000 per occurrence or bodily injury and S50A00 for property
damage. WE will be the sole named loss payee on the property insurance and named as an addition-
al insured on the public liability insurance. YOU will pay all premiums for such insurance and must
deliver proof of Insurance coverage sallsfactory to US. It YOU do not provide such Insurance. YOU
agree that WE have the right, but not the obligation, to obtain such insurance and add an insurance
fee to theamount due from you, on which we make a profit.
15. DEFAULT. Subject to Section 5. YOU are In default of this Lease If any of the following
occurs: (a) YOU fall to pay any Lease Payment or other sum when due; (b) YOU breach any warran-
Nmlan notice to US and payment in full to US of the Lease Payments and all
tae plus the men applicable Purchase Price set forth on the Lam Payment
standal damage to or dastmUion or condemnation of substardaly all of the
it. on the day specified in YOUR written notice to US of YOUR exercise of the
at least 60 days' prior notice to US and payment in full to US of the Lane
amounts men due plus the men applicable Purchase Price set forth on the
'MENTATIONS AND WARRANTIES. YOU warrant and
corporate and politic duty organized and existing uni
full power and authority to enter into this Lease and
Ion all of YOUR obligations hereunder, (b) YOU h
of this Lease by farmer action by YOUR oovemino
in order to ansum the wholly and enforceability of this Lease; (c) YOU have complied with such pub-
lic bidding requirements as may be applicable to this Lease and the acquisition by YOU of the
Equipment; (d) all authorizations, consents and approvals of governmental bodies or agencies
required in connection with the execution and delivery by YOU of this Lease or in connection with the
carrying out by YOU of YOUR obligations hereunder have been obtained; (e) this Lease constitutes
the legal, valid and binding obligation of YOU enforceable In accordance with its terms, except to the
Went limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors'
rights generally; (Q YOU have, In accordance with the requirements of law, fully budgeted and appro-
priated sufficient funds for the current budget year to make the Lease Payments scheduled to come
due dump the current budget year and to meet YOUR other obligagons under this Lease for the cur-
rent budget year, and those funds have not been expended for other purposes; (g) the Equipment is
essent al to YOUR functions or to the services YOU provide to YOUR citizens. YOU have an immedi-
ate need for the Equipment and expect to make immediate use of the Equipment YOUR need for the
Equipment is not temporary and YOU do not expect the need for any item of the Equipment to dimin-
ish In Me foreseeable future, beading the Fug Lease Tenn, and the Equipment will be used by YOU
only tar the purpose of performing one or more of YOUR governmental or proprietary functions con-
sistent with the permissible scope of YOUR authody, and will not be used in the trade or business of
any other entity or person; and (h) YOU have never tailed to appropriate or otherwise make available
funds sufficient to pay rental or other payments coming due under any lease purchase, installment
sale or other similar agreement.
19. UCC FILINGS AND FINANCIAL STATEMENTS. YOU authorize US to file a financing slate
ment with respect to the Equipment. If WE feel it is necessary, YOU agree to submit financial stale
mens (audited if available) on a quarterly bass.
20, UCC- ARTICLE 2A PROVISIONS. YOU agree that this Lease is a Finance Lam as that term
is defined In Article 2A of the Uniform Commercial Code ('UCC"). YOU acknowledge that WE have
given YOU the name of the Supplier of 9N Equipment. WE hereby notify YOU that YOU may have
rights under the cuntret with the Supplier and YOU may contact the Supplierfor a description of any
rights or warranties that YOU may have under this supply contract. YOU also waive any and all rights
and remedies granted YOU under Sedans 2A-500 through 2A-522 of the UGC.
21. TAX EXEMPTION. YOU will campy with all applicable provisions of the Internal Revenue
Code of 1900, as amended (the 'Code'). including without limitation Sedans 103,141,148 and 149
thereof, and the applicable regulations thereunder to maintain the exclusion of the interest portion of
the Lease Payments from gross income for purposes of federal Income taxation. YOU acknowledge
that these provisions of the Code provide restridons on the use of the Equipment and the expendi-
ture and Investment of money related to this Lease. YOU agree to insure the limey and accurate fil-
ing of IRS Fenn 8038-G or Form 8038 -GC, as applicable, as required by the Code, and will fully coop.
erate with US to insure such limey and accurate filing.
22. BANK QUALIFICATION. N YOU checked the "Bank Qualification Elected" box on the front
page of this Lease YOU and of YOUR subordinate entitles will not issue in excess of $10,000,000 of
qualified tax-exempt obligations (including this Lease but excluding private activity bonds other than
qualified 501(c)(3) bonds) during the calendar year in whirl) WE fund this Lease without first obtain-
ing an opinion of nationality recognaetl counsel In the area of ax -exempt municipal obligations
acceptable to US that the designation or this Lease as a'quaffied axcxempt obligation' Vnll not be
adverseyaffected.
23. CHOICE OF TAW; JURY TRIAL WAIVER. This Lease shall be governed and construed in
accordance with the laws of the state where YOU are located. To the extent permitted by law, YOU
, or (d) YOU file or have filed against
Is sign¢
�In Or similar relief under the Federal
25
e bankrupky or tuolvency law, or a
agent o
dal part of YOUR assets.
advice
are in default of this Lease: WE may
Lease.
hen current Original Term or Renewal
and obi
e Payments and any other payments
its own
est on all monies due US at the rate
I paid, but in no event more than the
it non -sufficient funds charge ("NSF
1n; and require that YOU return the
upon the premises peeeably with or
deducting the costs and expenses of such sale or m -rent, to YOUR obligations with YOU remaining
liable for any deficiency and with any excess over the amounts described in this Section plus the then
applicable Punc ase Price to be paid to YOU.
YOU am also required to pay (i) all expenses Incurred by US in connetion with the enforcement
of arty remedies, including all expenses of repossessing, storing, shipping, repelling and selling the
Equipment and (11) reasonable affomeys' fees.
17. PURCHASE OPTION. Provided YOU are not in default. YOU shall have the option to purchase
all but not less than all of the Equipment (a) on the date the last Lease Payment is due (assuming this
Lease Is renewed at the end of the Original Term and each Renewal Term), if this Lease is still In effect
on that day, upon payment In full of Lease Payments and all other amounts then due and the payment
of One Dollar to Us; IN on the last day of the Original Term or arry Renewal Tenn then in effect upon
Pigs 2 eft
SEVERABILITY; WAIVERS. This lease contains the entire agreement
his or understandings are binding on the parties unless set forth In
Any provision of this Lease which for any reason may be held union-
;, as to such judsdletion, be Ineffective without invaliding the remain -
IS LEASE IS NOT INTENDED FOR TRANSACTIONS WITH AN EQUIP -
,000.
RATION. YOU agree that a facsimile copy of this Lease with facsiml-
an original and will be admissible as evidence of this Lease.
E have rept acted and will not act u a fiduciary for YOU or as YOUR
have not and will not provide financial, legal. tax, accounting or other
at advisor or placement agent engaged by YOU with respect to this
Maur. placement agent or municipal advisor. If any. shall each seek
al, tax, accounting and other advice with respect to this Luse from
relates to smcture, timing, terms and similar matters),
02016 All Rights Marvel. PrinNe In Ne DSA 121TDDCamx112/16
FLORIDA ADDENDUM TO STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT
LESSOR: De Lage Landen Public Finance LLC
LESSEE CITY OF SEBASTIAN
LEASE NUMBER: 100-10149991
LEASE DATE Jury 10 .20 17
This Addendum is hereby Incorporated in and Is hereby made a part of the above -referenced State and Local Government Lease -Purchase Agreement (together with all
Exhibits and Attachments and this Addendum, the "Lease"). Words "YOU" and "YOUR" refer to the "Lessee" and the words "WE," "US" and "OUR" refer to
De Lage Landen Public Finance LLC , Its successors and assigns, as the "Lessor" of the Equipment. Lessor and Lessee hereby agree that
capitalized terms used herein and not otherwise defined herein shall have the terms assigned to such terms in the Lease and that the following changes and additions shall be
made to the Lease:
1. Section 2 of the Lease is hereby amended by adding the following sentence to the end of said Section:
WE and YOU understand and intend that YOUR obligation to pay Lease Payments hereunder will constitute a current expense and will not in any way be construed to be a
debt in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of Indebtedness, nor will anything contained herein con-
stitute a pledge of YOUR ad valorem tax revenues, funds or moneys. WE and YOU further understand that the use of the ad valorem taxing power to make Lease Payments
cannot be compelled
2. Section 5 of the Lease is hereby amended by adding the following language to the end of said Section:
Upon return of that Equipment to US, WE will use our best efforts to lease or sell that Equipment upon such terms as WE, in our reasonable judgment, deem prudent. WE
will apply the net proceeds of that sale or lease in the following manner. (f) first, to reimburse OURSELVES for all costs associated with the taking, removing, holding, repair-
ing and leasing or selling of that Equipment; (if) second, to pay to OURSELVES an amount equal to the Purchase Price for that Equipment at the time of the termination of
this Lease; (III) third, to pay to OURSELVES the amount necessary to satisfy YOUR remaining obligations under this Lease; and (iv) fourth, to remit any amounts thereafter
remaining to YOU. No deficiency will be allowed against YOU.
3. Section 8 of the Lease is hereby deleted and the following Section 8 is hereby inserted in lieu thereof:
S. TITLE. YOU have title to the Equipment; provided that title to the Equipment will Immediately and without any action by YOU vest in US, and YOU shall immediately sur-
render possession of the Equipment to US, (a) upon any termination of this Lease other than termination pursuant to Section 17 or (b) if YOU are in default of this Lease.
It is the Intent of the parties hereto that any transfer of title to US pursuant to this Section shall occur automatically without the necessity of any bill of sale, certificate of
title or other Instrument of conveyance. YOU shall, nevertheless, execute and deliver any such Instruments as WE may request to evidence such transfer. YOU agree not to
alter or modify the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OUR prior written consent. If WE feel it is necessary,
YOU agree to provide US with waivers of interest or liens from anyone claiming any interest in the real estate on which any items of Equipment is located. WE also have
the right, at reasonable times, to Inspect the Equipment.
4. Section 16 of the Lease is hereby amended by adding the following language to the end of said Section:
WE and YOU agree that there Is no intention to create under this Lease a right to dispossess YOU involuntarily of the legal title to or the right of use of the Equipment. WE
hereby irrevocably waive any right to specific performance of YOUR covenant to transfer legal title to and return of possession of the Equipment to US.
5. Section 19 of the Lease is hereby deleted and the following Section 19 is hereby Inserted in lieu thereof:
19. FINANCIAL STATEMENTS. If WE feel it is necessary, YOU agree to submit financial statements (audited if available) on a quarterly basis.
6. IF YOU ARE A COUNTY, YOU represent and covenant that (a) If the Full Lease Term with respect to this Lease is greater than five years, Lease Payments under this Lease will
be payable from sources other than ad valorem taxes, and (b) YOU represent and covenant that this Lease has been approved by YOUR Board of County Commissioners prior
to the Commencement Date.
Except as specifically set forth In this Addendum, all terms and conditions contained In the Lease will remain in full force and effect and are hereby ratified and confirmed.
02016AII Rights Res"d. Printed In the USA WFOOCI324 tens
is
Legal Name of Lessee CITY OF SEBASTIAN
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signature 1' 1 ' '1' Dale July 12 2017
W
PrintNama Kenneth Killgore
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Title Finance Director/ CFO
(LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE)
Name of Lessor De Lacie Landen Public Finance LLC
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Lessor Signature Dare
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Vat Name._.
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Title
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Lease Number 100-10149991
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MUNICIPAL AUTHORIZATION
Date: July 10, 2017
Reference is made to the lease, loan, rental and/or other financial agreement (the "Finance Agreement") dated buy 10 2017
between De Lace Landen Public Finance LLC (herein called "Creditor") and CITY OF SEBASTIAN
(herein called "Obligor") for the financing of See Attachment 2 for Equipment Descfequipment description).
The undersigned acknowledge in connection with the negotiation, execution and delivery of the Finance Agreement and other related documents by and between
Creditor and Obligor (collectively the "Documents"):
1. The Finance Agreement set forth above and any Documents executed in connection therein have been duly authorized, executed and delivered by the Obligor
and constitutes a valid, legal and binding agreement enforceable in accordance with its terms. Additionally, I do hereby certify on behalf of Obligor, that the
individual who signed the Finance Agreement and any related Documents is authorized to execute and deliver such to Creditor.
2. All required Procurement and approval procedures, including but not limited to public bidding procedures regarding the award of the Finance Agreement have
been followed by the Obligor and no further approval, consent or withholding of objections is required from any Federal, state or local governmental authori-
ty with respect to the entering into or performance by Obligor of the Finance Agreement contemplated hereby.
Except as provided in the Finance Agreement or the Documents, Obligor has no authority (statutory or otherwise) to terminate the Finance Agreement prior to
the end of its tens for any reason other than non -appropriation of funds to pay the Finance Agreements Payments for any fiscal period during the term of the
Finance Agreement.
YOU AGREE THAT A FACSIMILE COPY OF THIS DOCUMENT WITH FACSIMILE SIGNATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSIBLE AS
EVIDENCE IN A COURT OF LAW.
The undersigned by signing below hereby affirms the statements made above are based upon the undersigned's personal knowledge, and as to those matters, believes
the information to be true and correct.
,y
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Creditor Name De Lage Landen Public Finance LLC
Signature
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Print Name
elle
Print Name
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Obligor Name CITYOFSEBASTIAN
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SigNlurtiX - -
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Print Name Kenneth Killgore
Title Finance Director, CFO
02017 NI RNM 11e5ertd. MAN in me bSA 110.01211 3/1/
Obligor Name CITY OF SEBASTIAN
Signature
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Print Name
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Title
or
02017 NI RNM 11e5ertd. MAN in me bSA 110.01211 3/1/
CERYE" C VE OF
AND AUTHORITY
The undersigned, Secretary or Clerk of CITY OF SEBASTIAN ("Obligor"),
does hereby certify that:
1. He or she is the duly elected, qualified and acting Secretary or Clerk of Obligor.
2. Set forth below are the names and genuine signatures of individuals ("Authorized Officers") who hold the offices set forth opposite their
respective names.
3. Each of the Authorized Officers is legally authorized to enter into any and all agreements with Oe Lage Landon Public Finance LLC
("Lender") on behalf of Obligor.
NAME
TITLE
SIGNATURE
Kenneth Killgore Finance Director, CFO{
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand this 12th day of
20 2017
YOU AGREE THAT A FACSIMILE COPY OF THIS DOCUMENT WITH FACSIMILE SIGNATURES MAY BE TREATED AS AN ORIGINAL AND WILL
BE ADMISSIBLE AS EVIDENCE IN A COURT OF LAW.
(COMPANY SEAL)
Obligor CITY OF SEBASTIAN -
I
Signature%
o pent Name 'Jeanette Williams
co
o Title City Clerk
Dale Jury 12, 2017
(NIS SIGNATURE IS TO BE EXECUTED BY A PERSON OTHER THAN THE PERSON OR PERSONS
THAT SIGNED IN SECTION 3 ABOVE.)
CM17 All Rights Ruerm. MVM in Na U.SA 16PFDOC2751/17
ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEAU-V°1IUXd '-]AK IP SREKrdMT
Lease Payment Schedule
LESSOR: De Lage Landen Public Finance LLC
LESSEE CITY OF SEBASTIAN
LEASE NUMBER: 100-10149991
LEASE DATE: July 10 20 17
Lease Payments are due on the Commencement Dale and on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the pay-
ments set forth below have been received by US. The period for each periodic anniversary is monthly , as specified in the Payment Frequency box of
this Lease. If the Commencement Date occurs on the 29th, 3011h or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, com-
mencing on the 1st day of the second succeeding month after the month of such Commencement Dale,
Payment Number
Rental Payment
Interest Portion
Principal Portion
Balance
Purchase Price
Loan
0
0.00
0.00
259,152.00
-
1
4,699.20
0.00
4,699.20
254,452.80
259,541.86
2
4,699.20
739.28
3,959.92
250,492.88
255,502.74
3
4,699.20
727.77
3,971.43
246,521.45
251,451.88
4
4,699.20
716.23
3,982.97
242,538.48
247,389.25
5
4,699.20
704.66
3,994.54
238,543.94
243,314.82
6
4,699.20
693.06
4,006.14
234,537.80
239,226.58
7
4,699.20
681.42
4,017.78
230,520.02
235,130.42
8
4,699.20
669.74
4,029.46
226,490.56
231,020.37
9
4,699.20
658.04
4,041.16
222,449.40
226,898.39
10
4,699.20
646.30
4,052.90
218,396.50
222,764,43
11
4,699.20
634.52
4,064.68
214,331,82
218,618.46
12
4,699.20
622.71
4,076.49
210,255.33
214,460.44
13
4,699.20
610.87
4,088.33
206,167.00
210,290.34
14
4,699.20
598.99
4,100.21
202,066.79
206,108.13
15
4,699.20
587.08
4,112.12
197,954.67
201,913.76
16
4,699.20
575.13
4,124.07
193,830.60
197,707.21
17
4,699.20
563.15
4,136.05
189,694.55
193,488.44
18
4,699.20
551.13
4,148.07
185,546.48
189,257.41
19
4,699.20
539.08
4,160.12
181,386.36
185,014.09
20
4,699.20
526.99
4,172.21
177,214.15
180,758.43
21
4,699.20
514.87
4,184.33
173,029.82
176,490.42
22
4,699.20
502.71
4,196.49
168,833.33
172,210.00
23
4,699.20
490.52
4,208.68
164,624.65
167,917.14
24
4,699.20
478.29
4,220.91
160,403.74
163,611.81
25
4,699.20
466.03
4,233.17
156,170.57
159,293.98
25
4,699.20
453.73
4,245.47
151,925.10
154,963.80
27
4,699.20
441.40
4,257.80
147,667.30
150,620.65
28
4,699.20
429.03
4,270.17
143,397.13
146,265.07
29
4,699.20
416.62
4,282.58
139,114.55
141,896.84
30
4,699.20
404.18
4,295.02
134,819.53
137,515.92
31
4,699.20
391.70
4,307.50
130,512.03
133,122.27
32
4,699.20
379.18
4,320.02
126,192.01
128,715.85
33
4,699.20
366.63
4,332.57
121,859.44
124,296.63
34
4,699.20
354.05
4,345.15
117,514.29
119,864.58
35
4,699.20
341.42
4,357.78
113,156.51
115,419.64
36
4,699.20
328.76
4,370.44
108,786.07
110,961.79
Sales lax at 80.00 is included in the financed amount shown above.
Lessee Signature: I . .1-l. - Date:
Print Name: Kenneth Killgore i Title:
Pape 1 0l 2
Rnance Director. CFO
W012 All Righn Resmel. Ptlnw N M USA 12PFOOC22511112
N
N
V
C2
CL
CL
N
r
ATTACHMENT 1 STATE AND LOCAL GUERNME 11T LEAVE -PURCHASE AGREEMENT
Lease Payment Schedule
LESSOR: De Lage Landen Public Finance LLC
LESSEE CITY OF SEBASTIAN
LEASE NUMBER: 100-10149991
LEASE DATE: July 10 .20 17
Lease Payments are due on the Commencement Date and on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the pay-
ments set forth below have been received by US. The period for each periodic anniversary is monthly , as specified in the Payment Frequency box of
this Lease. If the Commencement Date occurs on the 291h, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, com-
mencing on the 1st day of the second succeeding month after the month of such Commencement Date.
Payment Number
Rental Payment
Interest Portion
Principal Portion
Balance
Purchase Price
37
4,699.20
316.06
4,383.14
104,402.93
106,490.99
38
4,699.20
303.33
4,395.87
100,007.06
102,007.20
39
4,699.20
290.56
4,408.64
95,598.42
97,510.39
40
4,699.20
277.75
4,421.45
91,176.97
93,000.51
41
4,699.20
264.90
4,434.30
86,742.67
88,477.52
42
4,699.20
252.02
4,447.18
82,295.49
83,941.40
43
4,699.20
239.10
4,460.10
77,835.39
79,392.10
44
4,699.20
226.14
4,473.06
73,362.33
74,829.58
45
4,699.20
213.14
4,486.06
68,876.27
70,253.80
46
4,699.20
200.11
4,499.09
64,377.18
65,664.72
47
4,699.20
187.04
4,512.16
59,865.02
61,062.32
48
4,699,20
173.93
4,525.27
55,339.75
56,446.55
49
4,699.20
160.78
4,538.42
50,801.33
51,817.36
50
4,699.20
147.60
4,551.60
46,249.73
47,174.72
51
4,699.20
134.37
4,564.83
41,684.90
42,518.60
52
4,699.20
121.11
4,578.09
37,106.81
37,848.95
53
4,699,20
107.81
4,591.39
32,515.42
33,165.73
54
4,699.20
9447
4,604.73
27,910.69
28,468.90
55
4,699.20
- 81.09
4,618.11
23,292.58
23,758.43
56
4,699.20
67.67
4,631.53
18,661.05
19,034.27
57
4,699.20
64.22
4,644.98
14,016.07
14,296.39
58
4,699.20
40.72
4,658.48
9,357.59
9,544.74
59
4,699.20
27.19
4,672.01
4,685.58
4,779.29
60
4,699,20
13.62
4,685.58
0.00
0.00
Grand Totals
281,952.00
22.800.00
259,152.00
Lessee Signature: Date:
Print Name: , Kenneth Killgore Title:
Page 2 01 2_
my 12, 2017
Finance Director. CFO
02012 All eights eesnveC. Printed m the U.SA 12PFOOC22511112
ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT
EQUIPMENT DESCRIPTION
LESSOR: De Lage Landen Public Finance LLC
LESSEE: CITY OF SEBASTIAN
LEASENUMBER: 100-10149991 _
LEASE DATE: July 10 .20 17
Quantity Descriplion/Serial No./Model No. Location
BO Club Car Precedent 12 electric golf cars with attachments
see attached for serial Ws
LESSEE Signature.
Nnt Name: Kenneth Killgc
Fti
m
ao
Date: July 12, 2017 0
rue: Finance Director, CFO a
0
Pepe 1 of 1 02012 M Rlph¢Re .PnN&IN ore ILSA IOPFDeC159Q 10112
De Lage Landen Public Finance LLC
❑ Check here if your billing or Equipment Location has changed or is incorrect.
Please note changes on the reveres side.
Payment sent without a copy of this invoice may be subject to a delay in processing.
n Please do not send correspondence to this address.
> Send payment for this invoice to:
De Lage Landen Public Finance LLC
REF# 100-10149991
1111 OLD EAGLE SCHOOL ROAD
WAYNE, PA 19087
> All future payments must be paid to the following Lockbox:
De Lage Landen Public Finance LLC
LOCKBOX PO BOX 41602
PHILADELPHIA, PA 19101
INVOICE
CUSTOMER SERVICE 800-935-9439
INVOICE #: adv100.10149991
REFERENCE #: 100-10149991
CUSTOMER #:
DUE DATE: in advance
TOTAL DUE: $4.699.20
INVOICE DATE
INVOICE #
REFERENCE #
CUSTOMER
7 /1 012 01 7
adv100.10149991
100-10149991
$4,699.20
P.O. NUMBER
EQUIPMENT DESCRIPTION
SEE BELOW
EQUIPMENT LOCATION
CITY OF SEBASTIAN (Sebastian Municipal Golf Course)
EQUIPMENT DESCRIPTION
DUE DATE
PAYMENT AMOUNT
first lease payment (due in advance)
in advance
4,699.20
TOTAL
$4,699.20
FOR PROPER CREDIT, PLEASE SUBMIT A COPY OF THIS INVOICE WITH PAYMENT
®20179IR19MRWe .niRIMinMe U.SA 11H0001942917
BILLING INFORMATION
PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS
In order for De Lage Landen Public Finance LLC to properly bill and credit your account, it is necessary that you
complete this form and return it with the signed documents.
Billing Name: - -
If you would like your invoices emailed to you in place of regular mail, please provide an email addresses) below:
'YOUR INVOICES WILL BE EMAILED FROM INVOICEDELIVERY@PAYEREXPRESS.COM
Subject line will read: Your Lease Direct Invoice Is ready to View ordinal
Billing Address: 2�-
Attention: jC,',"L.
Telephone Number: ( 7-/' -
FEDERAL IDq:
SPECIAL INSTRUCTIONS
Do you require a Purchase Order Number on the Invoice? If yes, please provide POR
Is a new purchase order required for each new fiscal period?
If yes, provide month/year PO expires
Are you sales tax exempt? If yes, please attach a copy of exempt certificate of direct pay permit.
Do you require any special information to establish a vendor number for
If yes, please advise:
Additional Comments:
CONTACT INFORMATION AND QUESTIONNAIRE FOR FORM 8838-G FILINGS
(required for all State and Local Government transactlons)
Contact Name'
Tiila-
Contact Address:
Contact Telephone Number:
Email Address:
If you have further questions, please consult your regular bond or legal counsel.
❑YES t�NO
❑YES aNO
Z'ES ❑ NO
AYES ❑ NO
02016 NI ugh68" M. NinIM In UIe U.SA 1WDDC272 11116
8038 -GC
Information Return for Small Tax -Exempt
Fomr
Governmental Bond Issues, Leases, and Installment Sales
(Rev. January 2012)
111- Under Internal Revenue Code Section 149(e)
OMB No. 1545-0720
Department of the Treasury
Internal Revenue Service
Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G.
• Reporting Authority Check box ifArftsircled
Return ► El1
Issuer's name
2 Issu s employe ' entification number (EM)
3 Number and street (or P.O. box if mail is not delivered to street address)
Room/sulte
4 City, town, or post office, state, and ZIP code
5 Report nuifngar
(For S Use CAN
or
one:
8a Issue price of obligation(s) (see Instructions) . . . . . . . .
b Issue date (single Issue) or calendar date (consolidated). Enter di
example, 01/01/2009) (see Instructions) ►
9 Amount of the reported obligation(s) on line Sa that is:
more
in mm/ddd format (for
a For leases for vehicles . . . . . . . . . . . . . . . .9a XXXXX
b For leases for office equipment . . . . . . . . . . . . . . . XX XXX
c For leases for real property . . . . . . . . . . . . . . . . 9b X XXXX
d For leases for other (see Instructions) . . . . . 9d XXXXX
e For bank loans for vehicles . . . . . . . 9e XXXXXXX
f For bank loans for office equipment . . . . 9f XXXXXXX
g For bank loans for real property. . . . . . . . . . XXXXXXX
In For bank loans for other (see instructions) . . . . . . . . . 9h XXXXXXX
1 Used to refund prior issue(s) . . . . . . . . . . . . 9i XXXXXXX
j Representing a loan from the proceeds o nother tax-exe gtkoblig 'on (for examp bond bank) 9 XXXXXXX
k Other . . . . . . . . . . . . . . .. . . . . 9k XXXXXXX
10 If the issuer has designated any issue der se n 265(b)(3)(�' (III) Is 11 issuer exc tion), check this box . . . . ► ❑
11 If the Issuer has elected to pay rally lieu of 'trage rebate, eck box (see i tructions) . . . . ► El
12 Vendor's or bank's name:
13 Vaa.r
nrinr'c nr hank's mnln X X X X X X X X
idantificaTinn i Ar
Signature true
tht
and 'Consent
Paid
Preparer
Use Only F
F
General In
Sects
unless ch
unless o
What's New
The IRS•kas crp
I declare that I have examined s return alld acdapanying schedulelWd statements, and to the best of my knowledge and belief, they are
. funher tledhthat consen the IRS's gcioiof the issuer's re information, as necessary to process this return, to the personis)
of issuers
are to tftg Internal
=d a page on IRS. ov for
the Form 8038 seriN am
its ifatruction5�t�u w>'rtu' e d rm8m3n
Infomlat�ut any future deve an
affecting the Form 8038 series (such
legislation enacted after we release it) 1 be
posted on that pace—
Form
ace—
Form 8038 -GC is 'fed ISy,(Lp,i�suers o a
exempt govern ental obligations to ovi
the IRS with t information requireAy
section 149(e) ailhkto monitor the
requirements of se 1 ough 150.
Who ax 2m
Issuers of tax- empt governmental
obligations w Issue prices of less than
,$1'80.000 at file Form 8038 -GC.
IssueTeof a tax-exempt governmental
obligation with an issue price of $100,000 or
go remust file Form 8038-G, Information
tum for Tax -Exempt Governmental
Filing a separate return for a single issue.
Issuers have the option to file a separate
Form 8038 -GC for any tax-exempt
governmental obligation with an Issue price
of less than $100,000.
An Issuer of a tax-exempt bond used to
finance construction expenditures must file a
separate Form 8038 -GC for each issue to give
notice to the IRS that an election was made to
,SAMPLE DOCUMENT
Type or print name and title
Check 11 If I PTIN
pay a penalty In lieu of arbitrage rebate (see
the line 11 Instructions).
Filing a consolidated return for multiple
issues. For all tax-exempt governmental
obligations with issue prices of less than
$100,000 that are not reported on a separate
Form 8038 -GC, an issuer must file a
consolidated information return Including all
such issues issued within the calendar year.
Thus, an Issuer may file a separate Form
8038 -GC for each of a number of small issues
and report the remainder of small issues
Issued during the calendar year on one
consolidated Form 8038 -GC. However, If the
issue is a construction issue, a separate Form
8038 -GC must be filed to give the IRS notice
of the election to pay a penalty in Ileu of
arbitrage rebate.
Cat. No. 641088 Form tfUJtf-UU (Rev. 1-2012)
Form 8038 -GC (Rev. 1-2012) Page 2
When To File
To file a separate return for a single Issue, file
Form 8038 -GC on or before the 15th day of
the second calendar month after the close of
the calendar quarter in which the issue is
issued.
To file a consolidated return for multiple
issues, file Form 8038 -GC on or before
February 15th of the calendar year following
the year in which the issue is issued.
Late filing. An issuer may be granted an
extension of time to file Form 8038 -GC under
section 3 of Rev. Proc. 2002-48, 2002-37
I.R.B. 531, if it Is determined that the failure to
file on time is not due to willful neglect. Type
or print at the top of the form, "Request for
Relief under section 3 of Rev. Proc. 2002-48."
Attach to the Form 8038 -GC a letter briefly
stating why the form was not submitted to the
IRS on time. Also indicate whether the
obligation in question is under examination by
the IRS. Do not submit copies of any bond
documents, leases, or installment sale
documents. See Where To Rie next.
File Form 8038 -GC, and any attachments,
with the Department of the Treasury, Internal
Revenue Service Center, Ogden, UT 84201.
Private delivery services. You can use
certain private delivery services designated by
the IRS to meet the "timely mailing as timely
filing/paying" rule for tax returns and
payments. These private delivery services
include only the following:
• DHL Express (DHL): DHL Same Day Se ice.
• Federal Express (FedEx): FedExpndEx
Overnight, FedEx Standard OvemiEx
2Day, FedEx International Priority
International First.
• United Parcel Service (UPS): UPS N Day
Air, UPS Next Day Air Saver, UPS 2nd D
Air, UPS 2nd Day Air A.PS Worldwide
Express Plus, and UP ori ' e Express.
The private deliv service can t ou
how to get writt ,1°oof q[the mailing
Other Forms Drat M�
Required \\
For rebating arbitrage (
lieu of arbitrage rebate
G%wrri fan1l.pse Forth
of Arbitrage Reballi. For privat ctivity
bonds, use Fc 038, Informall6q Return for
Tax;Exerypt P' ate Activity Bond I uss.
Form 8038-G.
Rounding to Whole Dollars
l�bu.m3.ysbew a money Ite A this
as whole -dollar amo its. To d so, dro,
amount less than c s an increase
amount from 50 99 can o the next)
dollar.
Definitions '
Obligations. This refers to a single tax-
exempt governmental obligation if Foran
8038 -GC Is used for separate reporting or to
multiple tax-exempt governmental obligations
if the forth is used for consolidated reporting.
Tax-exempt obligation. This is any obligation
including a bond, Installment purchase
agreement, or financial lease, on which the
interest is excluded from income under
section 103.
Tax-exempt governmental obligation. A
tax-exempt obligation that Is not a private
activity bond (see below) is a tax-exempt
governmental obligation. This includes a bond
Issued by a qualified volunteer fire department
under section 150(e).
Private activity bond. This Includes an
obligation issued as part of an Issue whl
• More than 10% of the proceeds re to be
used for any private activity busin use, and
• More than 10% of the payment of Oft
or Interest of the issue is either a secure)
an Interest in property to se pri
business use (or paym for such pr
or (b) to be derived m payments for
property (or borro money) used for a
private busines se.
It also incl as a bond, he proce s of
which (a) ar to be used to ke or Fl enc
loans (other t loans descri in ectir
141(c) to pe s other than g emme
unit nd excee the lesser of 5% of
pr aside or million. �e
fssue. Generally, igatio are treated as\
part of the same Issu my ff are Issued
by the s�r1e issuer, on t same te, and as
Dart of a 91W le transaction, a sen of
issdV during%ce=!
calendar ar (a)
er loan under whic
are dvdically (a "dre
down to onot exceer,270 days, md as R of the
agree nt a are issuso u er a common
financin an ant (far exa le, under the
same ofrici tate t periodi updated
o refiecl chan ' fact circ stances).
o, for obliged Issued der a draw -
do ow that meet he requirements of the
prece sentence, ob ations Issued during
erent c rider yea may be treated as
P,
the sa a Isis if all of the amounts to
be adva d un the draw -down loan are
reasonably a k9ated to be advanced within 3
years of the d e of Issue of the first
igation. ewise, obligations (other than
priv, a ity bonds) issued under a single
agreem t that is In the form of a lease or
installment sale may be treated as part of the
Eame Issue If all of the property covered by
t t agreement is reasonably expected to be
elivered within 3 years of the date of issue of
the first obligation.
Arbitrage rebate. Generally, Interest on a
state or local bond Is not tax-exempt unless
the Issuer of the bond rebates to the United
States arbitrage profits earned from Investing
proceeds of the bond in higher yielding
nonpurpose investments. See section 148(f).
Construction issue. This is an issue of tax-
exempt bonds that meets both of the
following conditions:
P. 2aa
1. At least 75% of the available construction
proceeds of the Issue are to be used for
construction,idikenditures, with respect to
property t e o d by a governmental unit
or a 501 (3) orgam tion, and
2. of t/afty
that are part of the Issue
are ualiFle) bonds, bonds that are
n private onds rivate activity
onds Issuce rope to be owned
In IIof rebating any arbi age that a
owed to g United States,4be Issuer of
election to pay. enalty. Thep I is equal
to 1-1/2% of tthe ahWunt of const ion
proceeds that do not mt certain spending
�c�qulrements. See secti 148(f)(4)(C) and e
In9yuctions for Form 8038-
be
N
ton t7/y ova' bletn ande pectationsasof
aofissuformsthatare consls may be
complet the Information readily
available to th 'se closeofthe
calendar year to form relates,
supplemented by estimates made in good
faith.
Part I—Reporting Authority
Amended return. An issuer may file an
Vended return to change or add to the
in rmation reported on a previously filed
um for the same date of Issue. If you are
filing to correct errors or change a previously
filed return, check the "Amended Retum" box
in the heading of the form.
The amended return must provide all the
information reported on the original return, in
addition to the new corrected Information.
Attach an explanation of the reason for the
amended return and write across the top
'Amended Return Explanation.'
Line 1. The issuer's name is the name of the
entity Issuing the obligations, not the name of
the entity receiving the benefit of the
financing. In the case of a lease or installment
sale, the Issuer is the lessee or purchaser.
Line 2. An issuer that does not have an
employer identification number (EIN) should
apply for one on Form SS -4, Application for
Employer Identification Number. You can get
this tone on the IRS websfte at IRS.gov or by
calling 1 -800 -TAX -FORM (1-800-829-3676).
You may receive an EIN by telephone by
following the Instructions for Form SS -4.
Lines 3 and 4. Enter the Issuer's address or
the address of the designated contact person
listed on line 6. If the issuer wishes to use its
own address and the Issuer receives Its mail
in care of a third party authorized
representative (such as an accountant or
attorney), enter on the street address line
"C/O" followed by the third party's name and
street address or P.O. box. Include the suite,
room, or other unit number after the street
address. If the post of Ice does not deliver
mail to the street address and the issuer has a
P.O. box, show the box number instead of the
Form 8038 -GC (Rev. 1-2012)
street address. If a change in address occurs
after the return is filed, use Form 8822,
Change of Address, to notify the IRS of the
new address.
Note. The address entered on lines 3 and 4 is
the address the IRS will use for all written
communications regarding the processing of
this return, including any notices. By
authorizing a person other than an authorized
officer or other employee of the Issuer to
communicate with the IRS and whom the IRS
may contact about this return, the Issuer
authorizes the IRS to communicate directly
with the individual listed on line 6, whose
address is entered on lines 3 and 4 and
consents to disclose the issuer's return
information to that individual, as necessary, to
process this return.
Lina 5. This line is for IRS use only. Do not
make any entries in this box.
Part II—Description of Obligations
Check the appropriate box designating this as
a return on a single issue basis or a
consolidated return basis.
Line 8a. The issue price of obligations is
generally determined under Regulations
section 1.148-1(b). Thus, when issued for
cash, the issue price is the price at which a
substantial amount of the obligations are sold
to the public. To determine the issue price of
an obligation issued for property, see sects
1273 and 1274 and the related regulation .
Line 8b. For a single issue, enter the a of
issue (for example, 03/15/2010 for Ingle
issue Issued on March 15, 2010), nerally
the date on which the issuer physl Ily
exchanges the bonds that are part o e
issue for the underwriter's (or other
purchaser's) funds; for a I ase or mstallme
sale, enter the date int s ris to accrue.
For issues reported o a torso ed basis,
enter the first day he calendar ye uring
which the oblige' ;war issued (for
example, for cal ..r yea 0, enter
01/01/2010).
Lines 9a through 9h. omplete is tion if
orooerty other than ca is exchan d f e
p0es of month ayments.Is type of V
obligation is some as refer o a,
"municipal lease Also complete is section
If re arty' directly acquired i
ex ange n obligation to make p 'odic
pa ants of int�l.
Do not complete lines 9a through
proceeds of an obligation are received
form of cash even if the term "lease" is
bathe title of Malseae-roMir es 9a thn
9d,�e iSaRre_amount on the ap ropdate One
that represents ale rinsta ant
purchase. For lin d, an type of em
that is leased. F r lines 9e through 9 enter
the amount o e appropriate line at
represents a ban an. For fine , enter the
type of bank loan.
Lines 9f and 91. For line 91, enter the amount
of the proceeds that will be used to pay
principal. Interest, or call premium on any
other Issue of bonds, Including proceeds that
will be used to fund an escrow account for
this purpose. Several lines may apply to a
particular obligation. For example, report on
lines 91 and 9j obligations used to refund prior
issues which represent loans from the
proceeds of another tax-exempt obligation.
Line 9k. Enteron line 9k the amount on e
Be that does not represent an obligati
described on lines 9a through 9j.
Line 10. Check this box if the iss has
designated any Issue as a "small iss
exception" under section 265(b)(3)(B)@
Line 11. Check this box If Issu a
construction Issue and (revocable a tion
to pay a penalty in If of arbitrage rebate 11as
been made on or ore the date the bonds
were Issued. Th enalty is le with a
Forth 8038-T f each 6- nth pe d after
the date the nds are I . Do no make
any paymerib< penalty In lie f reb a with
Form 8938 -GO ee Rev. Proc.
.
1992- 736, rules regarding the
to
Paid Pr parer
If an horized re esentative of the Issuer
aIle n Its retur he paid preparer's space
se uld ramal lank. Anyo ho prepares
j return b does not arge e
rganBation sh Id n sign the r um.
Sint others wh pare the r um should
not n. For example, a reguI , full-time
amplo of the Issuer, suc s a clerk,
secretary, c., should not n.
Generally, a ne who is pall o pr are a
return must sign I nd fill in the of blanks
In the Paid Preparer a Only area of the
etum. A paid preparer nnot use a social
s urity number in the Per reparer Use nl
box. a paid preparer must e a pre rer
tax ide ' cation number N). th aid
preparer i elf-emplo d, th rep rer
should enter or h address I the box.
�jha paid preps r must:
return in the spVe provided for the
to the Issuer.
Paperwork Reduction Act Notice
We ask for the information on this form to
12. Enter t ame he vendor or k cony out the Internal Revenue laws of the
Is a party tot Install�Iee.
urchase United States. You are required to give us the
lment, loan, or f tiIf there information. We need it to ensure that you are
IultiRlg vendors orb uer mph/ing with these laws.
Id atte0k a schedute.
the vftow or bank who
multiple
tach a s
S' re and Con%and
An au n representae
must sig o 8 -GC
certification.so p the name d title of
he person sig Fo 38- .The
a orized repres alive o e Issuer signing
this must have authority to consent
to the Iosure of the 1 uer's return
=aho s recessp to process this
retu o the rson161 that has been
Note. If the iss r authorizes in line 6 the IRS
to cpmmunic a with a person other than an
r oro w employee of the issuer, (such
autho on shall Include contact both in
writing regardless of the address entered in
lines 3 and 4, and by telephone) by signing
his forth, the issuer's authorized
r resentative consents to the disclosura' of
h Issuer's return information, as necessary
to process this return, to such person.
ou are not required to provide the
formation requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB control
number. Books or records relating to a form
or its instructions must be retained as long as
their contents may become material in the
administration of any Internal Revenue law.
Generally, tax returns and return Information
are confidential, as required by section 6103.
The time needed to complete and file this
forth will vary depending on individual
circumstances. The estimated average time is:
Learning about the
law or the form . . . . 4 hr., 46 min.
Preparing the form . . . . 2 hr., 22 min.
Copying, assembling, and
sending the form to the IRS . 2 hr., 34 min.
If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler, we
would be happy to hear from you. You can
write to the Internal Revenue Service, Tax
Products Coordinating Committee,
SE:W:CAR:MP:T:M:S, 1111 Constitution Ave.
NW, I8-6526, Washington, DC 20224. Do not
send the form to this address. Instead, see
Where To File.
=12AN R ole Ras.med. PMIW h"U.S.A MPM00=v3 &12
De Lage Landen Public Finance LLC ACCEPTANCE CERTIFICATE
1111 Old Eagle School Road
Wayne, PA 19087
Ladies and Gentlemen:
Re: State and Local Government Lease Purchase Agreement dated as of July 10 20 17 , between
De Loge Landen Public Finance LLC, as Lessor, and CITY OF SEBASTIAN , as Lessee.
In accordance with the State and Local Government Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to,
and agrees with Lessor as follows:
1. All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts
the Equipment for all purposes.
3. Lessee is currently maintaining the Insurance coverage required by Section 14 of the Agreement.
4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at
the date hereof.
(SEAL)
020M An HIpNa Reserved. PIInIM In ft U.SA. 97PFDOCMYI 3M
Lessee
CITY OF SEBASTIAN
511nature Dale
Prinl Name
t1i;
y
Title
020M An HIpNa Reserved. PIInIM In ft U.SA. 97PFDOCMYI 3M
aauaon a+: coin
DR -14
Certificate
Consumer's Certificate of Exemption R. 10/15
Issued Pursuant to Chapter 212, Florida Statutes
FLORIDA
85-8012740157C-2 06/30/2017 06/30/2022 MUNICIPAL GOVERNMENT
This certifies that
CITY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN FL 32958-4165
is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased.
Important Information for Exempt Organizations R.D10/15
FLORIDA
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (F.A.C.).
2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are taxable, even if the Individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible
personal property, sleeping accommodations, or other real property is taxable. Your organization must register,
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account
Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration
Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480,
Tallahassee, FL 32314-6480.
Sebastian Municipal GC
PURCHASE QUOTATION
(80) Precedent i2 Excel Model Electric Golf Cars
We are pleased to submit the following quotation:
June 12, 2017
QUANTITY, ;
;.
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
80
New 2018 Club Car® Precedent i2 Excel
$5011.20
$400,896.00
Model Electric Powered Golf Cars
equipped as stated on the Proposed
Equipment page.
80
Freight
$125.00
$10,000.00
80
Additional Club Car Discount
<$1,221.80>
<$97,744.00>
TRADE-INS
40
2014 Yamaha Electric Model Golf Cars
<$1,350.00>
<$54,000.00>
TOTAL
$259,152.00
TERMS
FREIGHT
DELIVERY DATE
SHIPPED VIA
filet 30;.Da s
FOB Destination
__TBD after Au_g 2017
Club Car Truck
60 Month Capital Lease- $58.74 per car per month
3.49% interest rate good up to 9/30/17
Sebas 'an Municipal GC ,Cr b C r L
By: -�- , y
Title: Com- / % ��� it f> c' -� 1--� Title: Territory Manager
Date:
Date: b ��
Sebastian !Municipal GC
CURRENT FLEET RETURN CONDITIONS
Eighty (80) 2014 Club Car Precedent Model
Sebastian Municipal GC agrees to accept sole responsibility for the cost of:
June 12, 2017
A. Repairs to vehicles damaged due to being used for purposes other
than their intended use, or due to misuse, abuse, or vandalism.
S. Replacement equipment for vehicles with missing, damaged, or
Improperly -operating equipment.
C. Repairs to improperly -operating vehicles.
D. Reduced value of vehicles that have excessive wear and tear.
The returned vehicles must meet the following conditions:
E. All vehicles must be free of liens and encumbrances.
F. All golf cars must be in fleet running condition and capable of
running for at least nine (9) holes of golf. All other vehicles must
operate properly.
G. All vehicles must be the same quantity and model -year as originally
evaluated.
H. All vehicles must be clean and free of trash, scorecards, pencils,
tees, etc.
I. All electric vehicles must have a working charger.
J. All vehicles must have serviceable tires that retain proper air
pressure.
K. All batteries must be free of corrosion and properly filled with water.
If any of the above conditions are not met by Sebastian Municipal GC, Club Car reserves the
right to withhold any and all SPECIAL CONSIDERATIONS stated in this agreement.
Sebastl n Municipa r LLC
By:
BY: 'Ur
Title: ;- Title: Territory Manager
Date: '���' Date: