DOCUMENTATION INSTRUCTIONS FOR LEASE NUMBER _5_oo-_506_03_21_4 ___ _
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.
I. STATE AND LOCAL 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) II. ATTACHMENT 1 -LEASE PAYMENT SCHEDULE
• Print name, title, sign and date
Ill. ATTACHMENT 2 -EQUIPMENT DESCRIPTION -(WHEN PROV/OED) • Print name, title, sign and date
IV. STATE SPECIFIC ADDENDA
Required for: AR, AZ, CO, FL, GA, KS, LA, Ml, 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
VI. 8038G OR GC -IRS FORM. Post funding: Form will be sent to you via email to sign and return with an original signature.
The enclosed form is a SAMPLE only. The actual 8038G or GC will be completed and sent to you for your signature after closing, with instructions to return the 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 Property - List DE LAGE LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "loss payee" to the address listed below. The certificate must also show the physical address where the equipment is located or the phrase "throughout jurisdiction" may be used. Must also list amount being financed.
CJ Insurance Certificate for Liability- List DE LAGE LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "additional insured." � Vendor invoice listing customer as both bill to and ship to party (to be provided by vendor) .f'J Completed Billing Information form
□ Advance payment check made payable to DE LAGE LANDEN PUBLIC FINANCE LLC □ 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: JOY WILLIAMS
Email: [email protected]
lease Processing Center
1111 Old Eagle School Road
Wayne, PA 19087
JOY WILLIAMS
©2020 Ai i Rights Reserved. Printed in ihe U.SA. 08PFDOC073v9 5/20 C") ,._ Cl u 0
C u.. a.. co Cl
ATTACHMENT 2
De Lage Landen Public Finance LLC
1111 Old Eagle School Road
Wayne, PA 19087
Full Legal Name
CITY OF MANTECA
OBA Name (if any)
Billing Address
1001 W CENTER ST
City
MANTECA
Slate and Local Government Lease-Purchase Agreement
PHONE: (800) 736-0220
FACSIMILE: (800) 700-4643
State
CA
Zip
95337
Phone Number
Purchase Order Requisition Number
Send Invoice to Attention of:
Equipment Make Model No. Serial Number Description (Attach Separate Schedule 1: Necessary) SEE ATTACHMENT 2 EQUIPMENT DESCRIPTION
Equipment Location (if not same as above) C:ty
Number of Lease Payments
36 Full Lease Term (in Months)
36 Lease Payments:
See Lease Payment Schedule Attached as Attachment 1
Payment Frequency
ey/Monthly
D Quarterly
D Semiannually
D Annually
C Other _______ _
End of Lease Opfion: $1
State Zip
By checking the box below, YOU hereby designate this Lease as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Internal Revenue Code and represent that the aggregate face amount of all tax-exempt obligations (excluding private activity bonds other :han qualified 501 (c)(3) bonds) issued or to be issued by YOU and YOUR subordinate entities during the calendar year in which W: fund this Lease is not reasonably expected to exceed $10,000,000.
□ Bank Qu2lificatior. Elected
TERMS & CONDITIONS
Please read YOUR copy of this State and Local Government Lease-Purchase Agreement ("Lease") carefully and feel free to ask US any questions YOU may have about it. 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.
1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, 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 rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the Equipment or an escrow agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (the "Commencement Date") and continues 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 one-year 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 end of the OriginarTem1 and at the end of each Renewal Term until the Full Lease Term has been completed, YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section
17. Lease Payments will be due as set forth on Attachment 1 until the balance of the Lease Payments and any additional 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 tile Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation, reduction, setoff or counterclaim except as provided in Section 5. THIS LEASE IS NON-CANCELABLE EXCEPT AS PROVIDED IN SECTIO[� 5.
3. LATE CHARGES. If a Lease Payment is not made on the date when due, YOU will pay US a late charge at the rate of 18% per annum or the maximum amount pennitted by law, whichever is less, from sucll date.
4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this lease through the Full lease Term and to pay the Lease Payments hereunder. YOU reasonably believe that legally available funds in an amount sufficient to make all Lease Pcf;ments during the Full Lease Term can be obtained. YOUR responsiole financial officer shall do all things lawfully within his or her power to obtain and maintain funds from 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 accordance with YOUR applicable procedures and to exhaust all available reviews and appeals if that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate funds and to extend this lease for any Renewal Term is solely within the discrefion of YOUR governing body_
5. NONAPPROPRIATION. YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current budget year. If YOU fail to apgropriate or otherwise 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 agree 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 ol this Lease beyond the then current Original Term or Renewal Term. If 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.
6. WARRANTIES. WE are leasing the Equipment to YOU "AS-IS" and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE transfer to YOU. without recourse, for the term of this Lease all warranties, if 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 EQUIPMENT. WE SHALL NOT BE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANl'Y OR REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL PJ.JY 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, AT YOUR OWN COST TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENT TO US). IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY ANO ACCEPTANCE CERTIFICATE. WE MAY AT OUR DISCRETION (Terms and Conditions continued on the reverse side of this Lease.) YOU agree to all of the Terms and Conditions contained in both sides of this Lease, and in any attachments to same (all of which are included by reference) and become part of this Lease. YOU acknowledge to have read and agreed to all the Terms and Conditions
The Equipment is: ',/NEW C USED
Signature Date
Tille
Print Name
Legal Name of Corporation
CITY OF MANTECA
(LEASE MUST BE SIGNED BY AUTHORIZED OFFICiAL OF LESSEE)
Lessor Signature
Print Name
TIiie
For
OE LAGE LANDEN PUBLIC FINANCE LLC
Lease Number
500-50603214
Lease Date
TBD
Vendor I.D. Number
D1le
ATTACHMENT 2
CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT AS A SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE.
8. TIRE, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIACATIONS OR ALTERATIONS. YOU have title to the Equipment; provided that title to the Eguipment will immediately and without any action I YOU vest in US, and YOU shall immediately surrender possession of the Equipment to US, (a upon any termination of this Lease other than termination pursuant to Section 17 or (b) if YO 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. As security for YOUR obligations hereunder, WE retain a security interest in the Equipment and all proceeds thereof. YOU have the right to use the Equipment during the term of this Lease, except as otherwise expressly set forth 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 !)laced 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 th_e_ right at reasonable times, 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 will supply all parts and servicing required. All replacement parts used or installed and re�irs 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 ALL Cl.AIMS FOR SERVICE AND/OR MAINTENANCE SOLELY TO THE SUPPLIER AND/OR MANUFACTURER AND SUCH Cl.AIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS.
10. ASSIGNMENT. YOU AGREE NOT TO TRANSFEl3i. SELL, SUBLEASE, ASSIGN, PLEDGE
OR ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHI S UNDER THIS LEASE WITHOUT OUR PRIOR WRIITTN CONSENT. YOU agree that WE may sell, assign or transfer this Lease and, if WE do, the new owner will have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the ri_ghts of the new owner will not be subject to any claims, counterclaims, defenses or set-offs that YOU may have against US. YOU hereby appoint Municipal Registrar Services (the "Registrar") as YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to comply with Section 149(a) of the Internal Revenue Code of 1986, as amended. No such assignment shall be binding on YOU until the Registrar has received written notice from the assignor of the name and address of the assignee.
11. LOSS OR DAMAGE. YOU are responsible for the risk of loss or destrucnon of, or damage to the Equipment. No such loss or damage relieves YOU from any obligation under this Lease. If any of the Equipment is damaged by fire or other casualty or title to, or the temporary use of, any of the Equipment is taken under the exercise of the power of eminent domain, the net proceeds ("Net Proceeds") of any insurance claim or condemnation award will be applied to the prompt replacemen� repair, restorationL modification or improvement of that Equipment, unless YOU have exercised YuUR option to purcnase the Equipment pursuant to Section 17. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to YOU.
12. LESSEE'S NEGLIGENCE. To the extent permitted by law, and without waiver of any of YOUR sovereign immunity rights, YOU assume all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to YOUR agents or employees or of thircl parties, and whether such property damage be to YOUR property or the property of others, which is proximately caused by the negligent conduct of YOU, YOUR officers, employees and agents.
13. TAXES. YOU agree to pay all applicable license and registration fees, sale and use taxes, personal property taxes and all other taxes and charges, relating to the ownership, leasing, rental, sale, purchase, _P,ossession or use of the Equipment (except those based on OUR net income).
YOU agree that ff WE pay any taxes or charges YOU will reimburse 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 any taxes, assessments or fees and remitting them to the appropriate authorities.
14. INSURANCE. During the term of this Lease, YOU will keep the Equipment insured against all risks of loss or damage in an amount not less than the replacement cost of the Equipment, without deductible and wittiout co-insurance. YOU will also obtain and maintain for the term of this Lease1 comprehensive public liability insurance covering both personal injury and prop§rty damage or at least $100 000 �r person and $.300,000 per occurrence or bodily injury and :i,50,000 for property damage. WE will be the sole named loss payee on the property insurance and named as an additional insured on the public liability insurance. YOU will pay all premiums for such insurance and must deliver proof of insurance coverage satisfactory to US. If 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 the amount 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 fail to pay any Lease Payment or other sum when due; (b) YOU breach any warranty or other obligation under this Lease, or an_y other agreement with US, (c) YOU become insolvent or unable to pay YOUR debts when due, YOU make an assignment for the benefit of creditors or YOU undergo a substantial deterioration in YOUR financial condition, or (d) YOU file or have filed against YOU a petition for liquidation, reorganization, adjustment of debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver or liquidator is appointed for YOU or a substantial part of YOUR assets.
16. REMEDIES. WE have the following remedies if YOU are in default of this Lease: WE may declare the entire balance of the unpaid Lease Payments for the then current Original Term or Renewal Term immediately due and payable; sue for and receive all Lease Payments and any other payments then accrued or accelerated under this Lease; charge YOU interest on all momes due US at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permitted by law; charge YOU a return-check or non-sufficient funds charge ("NSF Charge") of $25.00 for a check that is returned for any reason; and require that YOU return the Equipment to US and, if YOU fail to return the Equipment, enter upon the premises peaceably with or without legal process where the Equipment is located and repossess the Equipment. Such return or repossession of the Equipment will not constitute a termination of this Lease unless WE expressly notify YOU in writing. If the Equipment is returned or repossessed by US and unless WE have terminated this Lease, WE will sell or re-rent the Equipment to any persons with any terms WE determine, at one or more public or private sales, with or without notice to YOU and apply the net proceeds after deducting the costs and expenses of such sale or re-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 Purchase Price to be paid to YOU. YOU are also required to pay (i) all expenses incurred by US in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and selling the Equipment, and (ii) reasonable attorneys' 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 (al 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, u�on payment in full of Lease Payments and all other amounts then due and the payment of One Dollar to US; (b) on the last day of the Original Term or any Renewal Term then in effect, upon at least 60 days' prior written notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicaole Purchase Price set forth on the Lease Payment Schedule; or (c) if substantial damage to or destruction or condemnation of substantially all of the Equipment has occurred, on the day specified in YOUR written notice to US of YOUR exercise of the Qurchase option upon at least 60 days' prior notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the lease Payment Schedule.
18. REPRESENTATIONS AND WARRANTIES. YOU warrant and represent as follows: (a) YOU are a public body corporate and politic duly organized and existing under the constitution and laws of YOUR State with full power and authority to enter into this Lease and the transactions contemplated hereby and to perform all of YOUR obligations hereunder; (b) YOU have duly authorized the execution and delivery of this Lease by proper action by YOUR governing body at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have been met and procedures have occurred m order to ensure the validity and enforceability of this Lease; (c) YOU have complied with such public 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 extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally; <n YOU have, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year and to meet YOUR other obligations under this Lease for the current budget year, ani:l those funds have not been expended for other pul])oses; (g) the Ectuipment is essential to YOUR functions or to the services YOU provide to YOUR citizens, YOU have an immediate 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 diminish in the foreseeable future, including the Full Lease Term, and the Equipment will be used by YOU only for the purpose of performing one or more of YOUR governmentai or proprietary functions consistent with the permissible scope of YOUR authority and will not be use□ in the trade or business of any other entity or person; and (h) YOU have never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase installment sale or other simnar agreement 19. UCC F!LlNGS AND ANANCIAL STATEMENTS. YOU authorize US to file a financing statement with respect to the Equipment. If WE feel it is necessary, YOU agree to submit financial statements (audited if available) on a !'.juarterlv basis.
20. "INTENTIONALLY OMITTED"
21. TAX EXEMPTION. YOU will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including without limitation Sections 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 restrictions on the use of the Equipment and the expenditure and investment of money related to this Lease. YOU agree to insure the timely and accurate filing of IRS Form 8038-G or Form 8038-GC, as applicable, as required by the Code, and will fullv cooperate with US to insure such timely and accurate filing.
22. BANK QUALIACATION. If YOU checked the "Bank Qualification Elected" box on the front page of this Lease YOU and all YOUR subordinate entities will not issue in excess of $10,000,000 of qualified tax-exemP,t obligations (including this Lease but excluding private acUvw; bonds other than qualified 501 {c)(3) bonds) dunng the calendar year in which WE fund this Lease without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations acceptable to US that the designation of this Lease as a "qualified tax-exempt obligation" will not be adversely affected.
23. CHOICE OF LAW; 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 pennitted by law, YOU agree to waive YOUR rights to a trial bv jury.
24. ENTIRE AGREEMENT; SEVERABILITY; WAIVERS. This Lease contains the entire agreement and understanding. No agreements or understandings are binding on the parties unless set forth in writing and signed by the parties. Any provision of this Lease which for anv reason may be held unenforceable in any jurisdiction shall, as to such jurisdiction1 be ineffective·without invaliding the remainin8 provisions of this Lease. THIS LEASE IS NOT 1NTENDED FOR TRANSACTIONS WITH AN E U I PM ENT COST OF LESS THAN $1,000.
25. ROLE OF LESSOR. WE have not acted and will not act as a fiduciary for YOU or as YOUR agent or municipal advisor. WE have not and will not provide financial, legal, tax, accounting or other advice to YOU or to any financial advisor or placement agent engaged by YOU with respect to this Lease. YOU, YOUR financial advisor, placement agent or municipal advisor, if any, shall each seek and obtain its own financial, legal, tax, accounting and other advice with respect to this Lease from its own advisors (including as it relates to structure, timing, terms and similar matters).
26. ELEClRONIC TRANSACTIONS. WE in our sole discretion, may permit YOU to electronically copy and/or deliver by telecopier or other electronic means of transmission an executed counterpart of this Lease, and any document, schedule, amendment, addendum, supplement or agreement related hereto or executed in connection herewith, with the exception of IRS Form 8038-GC or IRS Form 8038-G, as applicable, which YOU must execute using an original, manual signature (note-Signature). By so copying and/or delivering any such document, YOU hereby represent and agree (a) that such transm1ss1on constitutes due delivery of such executed document, (b) that the counterpart of such executed document as printed by the recipient, including YOUR signature thereon, shall be deemed to constiMe an origmai and shall be admissible in any court or other legal proceeding as an original, and (c) to deliver to US, prompW on request, such document bearing YOUR onginal ''wet ink'' signature; provided that neither delivety nor failure to deliver the document bearing YOUR original 'wet ink'' sig_nature shall limit or modity the representations and agreements set forth in clauses (a) and (b). This Lease, including any document, schedule, N amendment, addendum, supplement or agreement related hereto or executed in connection here- r:!:
with, with the exception of IRS Form 8038-GC or IRS Form 8038-G, as applicable, may be exe- ci cuted in counterparts and any facsimile, photographic or other electronic transmission and/or elec- � tronic signing of the Lease by YOU when manualry countersigned by US or attached to OUR orig- 0 inal signature counterpart and/or in OUR possession shall constitute the sole original chattel paper c as defined in the UCC for all purposes and will be admissible as legal evidence thereof. At OUR � option, WE may require a manual signature. N --
ATTACHMENT 2
ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT Lease Payment Schedule
LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC
LESSEE: CITY OF M ANTECA LEASE NUMBER:
LEASE DATE: _________ , 201-L_
Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments set forth below have been received by US. The period for each periodic anniversary is MQNIHI Y , as specified in the Payment Frequency box of this Lease. If the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day oi the SECQND
Payment Number
Loan
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
Sales tax of $11,550-00
succeeding month after the month of such Commencement Date.
Rental Payment Interest Portion Principal Portion
0 0 0
4,
656.64 842.46 3,
814.18
4,
656.64 821.25 3,
835.39
4,
656.64 799.93 3,
856.71
4,656.64 778.49 3,
878.15
4,
656.64 756.94 3,
899.70
4,656.64 735.26 3,
921.38
4,
656.64 713.46 3,943.18
4,
656.64 691.54 3,
965.10
4,
656.64 669.50 3,
987.14
4,
656.64 647.33 4,
009.31
4,656.64 625.05 4,031.59
4,
656.64 602.63 4,054.01
4,656.64 580.10 4,076.54
4,
656.64 557.44 4,
099.20
4,656.64 534.65 4,
121.99
4,656.64 511.74 4,144.90
4,656.64 488.69 4,
167.95
4,
656.64 465.53 4,
191.11
4,
656.64 442.23 4,214.41
4,
656.64 418.80 4,
237.84
is included in the financed amount shown above.
Balance Purchase Price
151,549.93
147,
735.75 152,
167.82
143,
900.36 148,217.37
140,043.65 144,
244.96
136,
165.50 140,
250.47
132,265.80 136,
233.77
128,
344.42 132,
194.75
124,
401.24 128,133.28
120,436.14 124,
049.22
116,449.00 119,942.47
112,439.69 115,
812.88
108,
408.10 111,660.34
104,
354.09 107,
484.71
100,277.55 103,285.88
96,
178.35 99,063.70
92,
056.36 94,818.05
87,911.46 90,548.80
83,
743.51 86,255.82
79,
552.40 81,938.97
75,
337.99 77,598.13
71,100.15 73,233.15
The dates, interest rate and resulting payments contained in the above amortization schedule are estimated based on the expected transaction funding timeframe. Lessor will make reasonable efforts to maintain the rate and payments presented herein. However, the rate may need to be adjusted prior to closing due to change in law or market conditions. In the event that market interest rates increase prior to the date of closing, the interest rate will be revised to reflect adjustments to the Lender's actual cost of funds due to financial market and legal changes incurred since the date of this documentation. This revision may result in an increase in the resulting payment amounts. If such revisions are deemed necessary by Lessor (it its sole discretion), it is understood and agreed by Lessee that a revised amortization schedule reflecting these changes will be executed prior to closing. 'o:t N
�-----------------------------------------------------'� Lessee Signature: ________________________ Date: ___ ____________ ____ � Print Name: Title: �
TBD
500-50603214
ATTACHMENT 2
ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT Lease Payment Schedule
LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC
LESSEE: CITY OF MANTECA
LEASE NUMBER: _500__-_506_03_ _214 ______________
LEASE DATE: ,20�
Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments 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, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the SECOND succeeding month after the month of such Commencement Date.
Payment Number Rental Payment Interest Portion Principal Portion 21 4,656.64 395.24 4,261.40
22 4,656.64 371.55 4,285.09
23 4,656.64 347.73 4,308.91
24 4,656.64 323.78 4,332.86
25 4,656.64 299.69 4,356.95
26 4,656.64 275.47 4,381.17
27 4,656.64 251.12 4,405.52
28 4,656.64 226.63 4,430.01
29 4,656.64 202.00 4,454.64
30 4,656.64 177.24 4,479.40
31 4,656.64 152.34 4,504.30
32 4,656.64 127.30 4,529.34
33 4,656.64 102.12 4,554.52
34 4,656.64 76.80 4,579.84
35 4,656.64 51.34 4,605.30
36 4,656.64 25.74 4,630.90
Grand Totals 167,639.04 16,089.11 151,549.93
Balance
66,838.75
62,553.66
58,244.75
53,911.89
49,554.94
45,173.77
40,768.25
36,338.24
31,883.60
27,404.20
22,899.90
18,370.56
13,816.04
9,236.20
4,630.90
0.00 Purchase Price
68,843.91
64,430.27
59,992.09
55,529.25
51,041.59
46,528.98
41,991.30
37,428.39
32,840.11
28,226.33
23,586.90
18,921.68
14,230.52
9,513.29
4,769.83
oi::,, �------------------------------------- ------_.N N c.,
C Lessee Signature: _____________________ Date:-----------------� Ee Print Name: ______ ____________ Title: �
Page _2 __ of _2 __ ©2012 All Rights Reserved. Prnted in the U.S.A 12PFDOC224 11/12
TBD TBD
ATTACHMENT 2
ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT
EQUIPMENT DESCRIPTION
Quantity
LESSOR: DE LAGE LANDEN PUBLIC FINANC_E_L_LC_____ _
LESSEE: CITY OF MANTECA
LEASENUMBER: 500-50603214 __________ _
LEASE DATE: ,20__2L_
Description/Serial No./Model No.
1- KONICA MINOLTA 301i WITH ATTACHMENTS
S/N ___ _
3- KONICA MINOLTA C301i WITH ATTACHMENTS
S/N ___ _
S/N ___ _
S/N ___ _
1- KONICA MINOLTA C361i WITH ATTACHMENTS
SIN ___ _
6 -KONICA MINOLTA C451i WITH ATTACHMENTS
SIN ___ _
SIN ___ _
SIN ___ _
SIN ___ _
S/N ___ _
SIN ___ _
5- KONICA MINOLTA C651i WITH ATTACHMENTS
S/N ____ _
SIN ___ _
S/N ___ _
SIN ____ _
SIN ___ _
Location
N > �-----------------------------------------�m '° T"" LESSEE Signature: ____________________ Date: _________ ______ g Print Name: --------------------�Title: g; T""
Page _
1 _ of _
1 __ ©2012 All Rights Reserved. Primed in the U.S.A. 10PFDOC169v210/12 TBD
ATTACHMENT 2
BILLING INFORMATION
PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS
In order for DE LAGE LANDEN PUBLIC FINANCE LLC
complete this form and return it with the signed documents. to properly bill and credit your account, it is necessary that you Billing Name:---------------------------
If you would like your invoices emailed to you in place of regular mail, please provide an email address(es) below:
*YOUR INVOICES WILL BE EMAILED FROM [email protected] Subject line will read: Your Lease Direct Invoice is ready to view online! Billing Address:----------------------------
Attention:---------------------------
Telephone Number: __________________________ _
FEDERAL TAX ID#: ____________________ _
Lease/Contract Signer Name: _____________________ Date of Birth _______ (only provide if requested)
SPECIAL INSTRUCTIONS
Do you require a Purchase Order Number on the invoice? If yes, please provide PO# _____________ _ 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 or direct pay permit.
Do you require any special information to establish a vendor number for ___________________ ? □ YES □ NO
□ YES ONO
□YES □ NO
□ YES ONO
If yes, please advise: ________ ___________________________ __ _ Additional Comments: ______________ ____________________________ CONTACT INFORMATION AND QUESTIONNAIRE FOR FORM 8038-G FILINGS (required for all State and Local Government transactions) Contact Name:------------------------ ---
Title: -------------------------------
Contact Address:
Contact Telephone Number: ________________________ _
Email Address:----------------------------
Written Tax Compliance Procedures
The IRS Form 8038-G asks specific questions about whether written procedures exist with regard to compliance with the federal tax requirements for tax-exempt obligations.
Please answer the following questions to help us complete the form correctly prior to your signature. Please note that your answers to these questions will not impact the terms or conditions of the subject transaction:
1. Has the Lessee established written procedures designed to monitor compliance with federal tax restrictions for the term of the lease? Among other matters, the written procedures should identify a particular individual within Lessee's organization to monitor compliance with the federal tax requirements related to use of the financed assets and describe actions to be taken in the event failure to comply with federal tax restrictions is contemplated or discovered.
YES D NO D If YES, please attach/provide a copy.
Answer the following question only if proceeds of the current financing will be funded to an ESCROW Account.
The IRS Form 8038-G asks specific questions about written procedures to monitor the yield on the investment of gross proceeds of tax-exempt obligations and, as necessary, make payments of arbitrage rebate earned to the United States.
2. Has the Lessee established written procedures to monitor the yield on the investment of proceeds of the Lease on deposit in an escrow account or similar fund prior to being spent and to ensure that any positive arbitrage rebate earned is paid to the United States? YES D NO D If YES, please attach/provide a copy.
If you have further questions, please consult your regular bond or legal counsel. ©2020 All Rights Reserved. Printed in the U.SA 08PFDQC086v10 2/20 C ....
> (C Cl0 C c.,
C
C LL 0.. Cl0 C
ATTACHMENT 2
Form8038•G Information Return for Tax-Exempt Governmental Bonds (Rev. October 2021) ► Under Internal Revenue Code section 149(e) ► See separate instructions.
Department of the Treasury
Internal Revenue Service
Caution: If the issue price is under $100,000, use Form 8038-GC. ► Go to www.irs.gov/F8038G for instructions and the latest information.
Reporting Authority
1 Issuer's name
CITY OF MANTECA
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 4 Number and street (or P.O. box if mail is not delivered to street address) 1001 W CENTER ST
6 City, town, or post office, state, and ZIP code Date of is 0MB No. 1545-0047
ber (EIN)
MANTECA CA 95337 xxxxxxxxx· xxxx�zx
8 Name of issue P number / xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 10a Name and title of officer or other employee of the issuer whom the IRS may 12 13 Transportation .
14 Public safety .
15 Environment (including sewage bonds)
16 Housing
17 Utilities
18 Other. Describe►
19a If bonds are TANs
-
o
�
r ��������OO�OOOOOOOO���������--
:-
►
---;
D
==;
23 24
25 26
b If bonds are BANs, ► □
lssu
Pro
Pro
nds are in the to ► D
Description
�xx 'I XXX
er
(e)Yield
XXXXXXXXXXXX years
years
xxxxxxxxxxxx
ATTACHMENT 2
Form 8038-G (Rev. 10-2021) Page2
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) xxxxxxxxxx xx 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment co, tract (GIG). See instructions
b Enter the final maturity date of the GIG► (MM/DDMYYY) XXXXXXXXXXXXXX c Enter the name of the GIC provider► xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xx
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be usea ,o make loans L . ., _..l
f
to other governmental units . � XXXXX XX
38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box► D &iild enter the follo\a ing information� b Enter the date of the master pool bond ► (MM/DD/YYYY) xxxxxxxxxxxxxxx_x_x_x_xx ____ .,.,.. c Enter the EIN of the issuer of the master pool bond ► xxxxxxxxxx7':
d Enter the name of the issuer of the master pool bond ► xxxxxx�fXXXX)(""" '--xx-x------ .
-
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (�mall issuer excqption), check box 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, chec box . 41 a If the issuer has identified a hedge, check here► D and enter th . ollowing information:
b Name of hedge provider► XXXXXXXXXXXXXXXXXXXXXXX-'XXXXX c Type of hedge► xxxxxxxxxxxxxxxxxxxxxxxxxxxx7
d Term of hedge► XXXXXXXXXXXXXXXXXXXXXXXXX X
42 If the issuer has superintegrated the hedge, check b 43 If the issuer has established written procedure o ensure according to the requirements under the Code an • egulations ( 44 If the issuer has established written procedur
45a If some portion of the proceeds was used
of reimbursement
b Enter the date the official intent was a
48,chec
and enter t ount
xxxxxxxxxxxx
►
►
Under penalties of perjury, I dee! tatements, and to the best of my knowledge □
□
□
Signature
and
Consent
and belief, they are true, correc e issuer's return information, as necessary to Paid
Preparer
Use Only
process this return, to the
► Signature of
Print/Type pre
xxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxx
Check O if PTIN
self-employed XXXXXXXXXXX
Firm's EIN ► XXXXXXXXXX
Phone no. XXXXXXXXXXXXX
Form 8038-G (Rev. 10-2021}
©2021 All Rights Reserved. Printed in the U.S.A. 08PFDOC085v5 10/21 ATTACHMENT 2
De Lage Landen Public Finance LLC
1111 Old Eagle School Road
Wayne, PA 19087
Ladies and Gentlemen:
ACCEPTANCE CERTIFICATE
Re: State and Local Government Lease Purchase Agreement dated as of ______________ , 20~. between De Lage Landen Public Finance LLC, as Lessor, and _ C_IT_Y_O_F_M_A_N_TEC_ _A ____________________ , 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)
Lessee
CITY OF MANTECA
1:::1i Signature
u,=
;2; Print Name
ci.i
Title
Dale .....
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C)
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,.._ ~_..._ ____________________ ____.C)
©2009 All Rights Reserved. Printed in the LI .SA 07PFDOC055v1 3/09 TBD
ATTACHMENT 2