HomeMy WebLinkAboutRESOLUTION NO. 2015-36 Fal,rfax/419915-21/Lease/Pur—Wg/Appry
i
:IlearinglApproval/Lease Purchase
419915-21
Fairfax, Iowa
April 28, 2015
The City Council of the City of Fairfax, Iowa, met on April 28, 2015, at 7:00 o'clock
p.m., at the City Hall, Fairfax, Iowa.
The meeting was called to order by the Mayor, and the roll was called showing the
following Council Members present and absent:
Present: JoAnn Beer Bernie Frieden Travis Otto Marc Ma ers and Marianne
Wainwright
Absent: None.
This being the time and place specified for taking action on the proposal to enter into a
Lease Purchase Agreement related to the acquisition of a skid loader, the Mayor called for any
written or oral objections.
Written objections were Medd by the following:
I
None
Oral objections were made by the following:
None
Whereupon, the Mayor declared the hearing closed.
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DORSEY&WHITNEY LLP,ATTORNEYS,DES 1MOINES,IOWA
Fairfax/419915-21/Lease/Pur—Ilfg/Appry
After due consideration and discussion., Council Member Otto introduced the resolution
next hereinafter set out and moved its adoption, seconded by Council Member Magers, The
Mayor put the question upon the adoption of said resolution, and the roll being called, the
following Council Members voted:
Ayes: Beer, Frieden, Otto, Magers, and Wainwright
Nays: None.
Whereupon,the Mayor declared the resolution duly adopted as hereinafter set out.
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-21/Lcaseftr—Hrg/Appry
RESOLUTION NO. 2015-36
APPROVING AND AUTHORIZING A
LEASE PURCHASE AGREEMENT
WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, has
heretofore proposed to enter into a lease or lease-purchase agreement (the "Lease Purchase
Agreement") in the principal amount not to exceed $50,042.65, pursuant to the provisions of
Section 364.4 of the Code of Iowa, for the purpose of acquiring a skid loader, and has published
notice of the proposed action and has held a hearing thereon, and the Council may now authorize
the Lease Purchase Agreement in the amount as published;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as
follows:
Section 1. The City Council hereby determines to enter into the Lease Purchase
Agreement with Altorfer, Inc., as lessor (the "Lessor"), in substantially the form that has been
placed on file with the City Clerk, providing for a lease to the City in the principal amount of
$50,042.65 for the purpose set forth in the preamble hereof.
Section 2. The Lease Purchase Agreement is hereby approved, and the Mayor and
City Clerkare hereby authorized to execute the Lease Purchase Agreement on behalf of the City
and also to execute all related documents.
Section 3, It is the intention of the City that interest payable under the Lease
Purchase Agreement be and remain excluded from gross income for federal income tax purposes
pursuant to the appropriate provisions of the Internal Revenue: Code of 1986, as amended, and
the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as
the "Internal Revenue Code'). In furtherance thereof, the City covenants to comply with the
provisions of the Internal Revenue Code as they may from time to time be in effect or amended
and further covenants to comply with the applicable future laws, regulations, published rulings,
and court decisions as may be necessary to insure that the interest payable under the Lease
Purchase Agreement will remain excluded from gross income for federal income tax purposes.
Any and. all of the officers of the City are hereby authorized and directed to take any and all
actions as may be necessary to comply with the covenants herein contained.
The City hereby designates the Lease Purchase Agreement as a "Qualified Tax Exempt
Obligation" as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES, IOWA
Falrfax/419915-21fLease/Pur—Hrg/Appry
Section 4. .All resolutions or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
Passed and approved April 28, 2015.
�E
f,r`
.Jason abcy Mayor
Attest:.
4 ,
— ,rA ".i "
Cynt
ia Stimson, City Clerk/Treasurer
On motion and vote, the meeting adjourned.
Jason Rabe, Mayor
Attest:
Cyr `hia Stimson, City Clerk/Treasurer
a
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DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-2I/Lease/Pur—Hrg/Apprw
I
TATE OF IOWA
COUNTY OF '.LIMN` SS;
CITY OF FAIRFAX
1, the undersigned, City Clerk of the City of Fairfax, Iowa, do hereby certify that as such
City Clerk I have in my possession or have access to the complete corporate records of the City
and of its Council and officers and that I have carefully compared the transcript hereto attached
With the aforesaid corporate records and that the transcript hereto attached is a true, correct and
complete copy of all the corporate records in relation to the authorization and approval of a
certain Lease Purchase Agreement, and that the transcript hereto attached contains a true, correct
and complete statement of all the measures adopted and proceedings, acts and things had, clone
and performed up to the present time with respect thereto.
I further certify that no appeal has been taken to the District Court from the decision of
the City Council to enter into the Lease Purchase Agreement.
WITNESS MY HAND this 29h day of April, 2015.
Cent is Stimson, City Clerk/Treasurer
J
I
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DORSEY&WHITNEY LLP,ATTORNEYS,DESMOINES,IOWA
April 23, 2015
Cynthia Stimson
City Clerk/City Hall
Ptd Box 337
Fairfax, Iowa 52228-0337
Re: 2015 Lease Purchase Agreement
Our File No. 419915-21
Dear Cynthia:
We have prepared and enclose proceedings to be used at the April 28th Council meeting
to hold the hearing and to adopt the resolution approving the Lease Purchase Agreement for the
skid loader.
The proceedings enclosed are as follows:
1. Minutes of the Council meeting covering the hearing, followed by the resolution
approving the Lease Purchase Agreement and authorizing you and the Mayor to sign, all
documents.
2. Certificate attesting the transcript.
As these proceedings are completed, please return one fully executed copy to our office.
If you have any questions,please contact me.
Very truly yours,
Robert E. Josten
Enclosures
ALTU"IRFER INC,
PURCHASE AGREEMENT
Cedar Rapids Davenport East Peoria Hannibal Moberly IRock Falls Springfield Urbana
(319)365-0551 (563)324-1935 (309)694-1234 (573)221-8600 (660)263-8200 (815)625-8774 (217)529-5541 (217)359-1671
Mail payment to.P.O.Box 1347,Cedar Rapids, !,A 52406
SOLD TO City Of Fairfax CUSTOMER NO,
^^ - M�610906
PHONE EQUIPMENT MANAGEMENT&PRODUCT LINK
ITEM Your machine(s)has been enrolled in an Equipment Management
NO.
STREET PO BOX 377 ITEM N 5 Solutions Level 3 Package.This includes Product Link installed
and activated,VisionUnkT1"access and training,reports andl
CITY Faifax _-�- _- F.O.B. recommendations,and PartStoreT"^access.
STATEla ZIP CODE 52228 Cr 'Hotel The Product Link device contains a satellite transmitter
COUNTY Linn VIA that functions automatically without operator intervention,When
Altorfe electriclelectronic detonators are used,this communication
INDUSTRY CODE 205 device should be deactivated within 40 feet of a blast site.if you
APPROX. SHIPPING DATE have any questions,please refer to your machine's operation
SHIP TO Customer Has Customer has and rmnalntenance manual.
Cash 13 Cash on Invoice To complete the registration,please provide your email address:
TERMS:
Cash on Delivery D Payment Plan Below EMAIL
MACHINE(MAKE, MODEL AND SERIAL.NUMBER) AMOUNT'
ONE NEW 2015 CAT 259D TRACK SKID LOADER SN FTL03826 SALES PRICE $52,073
SOUND SUPPRESSED CAB WITH HEAT AND A/C, HEATED AIR CLOTH SEAT
TWO SPEED TRANSMISSION, STANDARD FLOW HYDRAULICS LESS TRADE 1M $32,000 j
ORSON SUSPENSION, BLUE TOOTH RADIO, REAR BACKUP CAMERA SUBTOT/a $20,073
ONE DEMAND FAN, ELECTRIC QUICK COUPLER, 72"GP BUCKET WITH EDGE ADD PAYOG$30,319.65
SUBTOTAL $50,392.65
** PAYOFF IS SUBJECT TO CHANGE.DUE TO DATE OF FINANCING*"**"
INCLUDES ONE YEAR PREMIER AND 36 MONTHS 1500 HR SMH POWERTRAIN NET TO FINAN(H$50,392.65
PAYMENTS OVER MONTHS BILL OF'SALE FOR PROPERTY TAKEN IN TRADE
For value received,PAva hereby bargain and sell,grant end deliverto ALTORFER INC,
INTEREST RATE LEASE TYPE
CLAN# Make CAT Model 25763
QUOTE# Sedai No. 137H00725
APP# I/We hereby certify that there is no lien,claim,debt,mortgage or encumbrance of any
kind,nature or description against this properly now existing,of record or othan%dse,and
that same is free and ds uar and Is mylour sole and absolute properly.
SAFETY:Attachments for the above machine have been reviewed and checklist .., p�,: ,
AE07DOBO read by me. ® , " _ `,--�. 30,319
PRICE ESCALATION:This order is taken and signed with the understanding that it carries
with dt an escalation clause which means that price in effect at time of shipment will apply. Customer Signature $Payoff
THIS ORDER IS MADE AND ACCEPTED SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF.ANY
DIFFERENT OR ADDITIONAL TERM IN YOUR ACCEPTANCE OF THIS OFFER ARE HEREBY OBJECTED TO.
® ._.�... TITLE ,r , r t` BANK
CUSTOMER SjGNATURE.^
�a � ( ADDRESS
PRINT NAMF t L S. i '�
t"" � INSURANCE: SELF ALTORFER
By— , i'' <af..i �.� �(r,
r; AGENT
CUSTOMER PURCHASE ORDER NO. ADDRESS
At
DATED THIS I DAY OF ACCEPTED e
' ! ACCEPTED THIS DAY OF
ACCEPTANCE RECOMMENDED BY ALTORFER INC.
SALESMAN BY
ALTORFER WC,.PA 41114
OFFICE COPY-WHITE CUSTOMER COPY-YELLOW SALESMAN COPY-PINK
1. NEW WARRANTY.New Caterpillar products,are sold subject to the terms of the applicable warranty.Copies of the warranty applicable to
this purchase are attached hereto and the CUStomer,by initialing below,acknowledges the receipt of the listed warranties.
Initials Form Date Initials Form Date
Self 5070
Self 5069(Century Line)
2. USED WARRANTY,Dealer guarantees a used machine against mechanical failure for a period of days or service
meter hours(whichever comes first)as set out below,Dealer will pay '%and the Customer-%of the cost of repairs.
a. Warranty covers both parts and labor necessary to repair an inoperative machine.
b. Dealer and Customer will share the cost of such repairs(including replacement parts,labor,service expense and mileage as
required)in the proportion shown above.
0. Customer agrees to promptly report to Dealer any mechanical failures that occur during the term of this agreement,and to make
the machine available on request to Dealer during its regular daytime working hours;if the Customer desires the work done
outside of regular hours,Customer agrees to pay the difference between standard rates and overtime rates in effect at that time.
d. Warranty period begins on the date of delivery of the machine to the Customer.
e. Warranty does not cover expendable items such as glass,tires,cable, hoses,cutting edges,filters,ails,grease,electrical
equipment,batteries,etc.
f. Dealer reserves the right to inspect the machine at any time,and to refuse any claim resulting from negligence or abuse.
9- All repair work is to be performed by Dealer except as otherwise authorized by Dealer.
In. IFTHE PARTICIPATION IN COST OF REPAIRS OF DEALER IS SHOWN AS"NONE,"THE MACHINE IS SOLD"AS IS"WITHOUT
WARRANTY OF ANY KIND,AND AT THE CUSTOMER'S ENTIRE RISK AND RESPONSIBILITY.
THE ABOVE WARRANTIES, IF ANY,ARE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED;THERE IS NO WARRANTY OF
MERCHANTABILITY;THERE IS NO WARRANTY THAT THE EQUIPMENT SHALL BE FIT FOR ANY PARTICULAR PURPOSE OR USE;NO WAR-
RANTIES EXTEND BEYOND THE DESCRIPTIONS CONTAINED HEREIN,
3. CONDITION OF TRADE-IN.If,in the opinion of the Dealer,the mechanical condition of the trade-in(if any)is substantially different when it is
turned over to the Dealer than it was when this Purchase Order was signed,the Dealer reserves the right to request that the trade-in allowance figure be
reevaluated.
4. TITLE WARRANTY.Dealer warrants full andcomplete title to the goods which are subject to this agreement including the warranty that(a)
the Dealer has good title to the goods;(b)the Dealer has the right to convey title to the goods;(c)the goods sold shall be free and clear of
encumbrances,security interests,liens and charges.
5. ACCEPTANCE,Goods sold pursuant to thils agreement shall be inspected by the Customer upon arrival and any use of the goods for
purposes other than inspection and testing during this period shall constitute an acceptance,If the goods fail to conform to the agreement in any way,
the Customer shall notify the Dealer within five(6)days of arrival and failing such notification the goods shall be deemed to have been accepted,
6. FORCE MAJEURE.The Dealer shall riot be responsible for any delay of other failure to perform caused by reason of strikes,lookouts,or
other labor difficulties or by material shortages,fires,floods,and other acts of God,accidents,embargoes,acts of war,conditions caused by a national
emergency,any rule,order or regulations of any governmental body or agency,delays of subcontractors,or by reason of any other act beyond the
reasonable control of Dealer,and Dealer's time for performance shall be extended accordingly.If delivery is delayed or Interrupted for any such cause,
Dealer may store the equipment at Customer's expense and risk and if on premises controlled by Dealer,may charge therefor at a rate similar to that
charged Iby a public warehouse.Any such storage be deemed delivery for the purpose of this agreement.
7. This agreement shall be construed under the laws of the State of Iowa and the United States of America.The courts of such state shall have
exclusive jurisdiction over all controversies arising out of or in connection with this agreement.It is understood,however,that if any portion of this
agreement is prohibited or contrary to the laws of any County,State,Province or other political subdivision in which it is used or to which it is made
applicable,it shall,as to said County,State,Province or other political subdivision be ineffective and void to the extent of such prohibition or illegality
without invalidating any of its remaining provisions,and to this end the provisions and clauses of this agreement are declared to be severable.
a. Any taxes or import duties imposed by the laws of any County,Dominion,State,Territory,Province,Municipality or other authority,which
Dealer may be required to pay or to reimburse to others by reason of them manufacture,ownership,use or sale of any goods delivered under this agree-
ment,will be added to the price of the goods either as a separate item or included in the invoice price of the goods,as the haw may require or Dealer
may determine.
9. This agreement Is not subject to cancellation or to change unless requested by the Customer and accepted in writing by the Dealer.In the
event of any such cancellations,the Customer shall pay the Dealer within 30 days of such cancellation reasonable costs and all other expense Incurred
by Dealer prior to receipt of the request for cancellation(including but not limited to engineering expenses and all commitments to its suppliers,
sub-contractors,and others)plus an amount equal to fifteen percent(16%)of the total of the foregoing.
10. Any payments agreed to by the Customer and not fulfilled by the Customer on the date promised,shall be subject to a late payment penalty
of 1.5%interest per month(18%per year).The minimum penalty shall be$2.00 per month.This charge will continue until the amount and interest are
paid in full.
11. Purchaser is hereby notified that Altorfer Rents has assigned to J.P.Morgan Property Exchange Inc.,acting in its capacity as a Qualified
lnterrnedlary,its rights(including its rights with respect to all money and any trade-ins,but none of its obligations)with respect to the sale of this
equipment.Payment must be made to"JPEX as QI:forAltorfer Rents"and mailed to Altorfer Rents,RO,Box 1347,Cedar Rapids,]A 52406.
12, REMEDIES.The rights and remedies of the Dealer shall not be exclusive but shall be cumulative and in addition to any other rights and
remedle!s provided by any and all clauses of this Purchase Order and to all other rights and remedies in law or equity,
13. ALTORFER IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY OR DAMAG-
ES OF ANY NATURE, PERSONAL OR PROPERTY, SUFFERED OR SUSTAINED IN THE OPERATION OF THE EQUIPMENT OR RESULTING,FROM
FAILURE OR INADEQUACY OF THE EQUIPMENT OR ITS COMPONENTS;AND THATALTORFER SHALL NOT BE DEEMED OR HELD OBLIGAT-
ED,LIABLE OR ACCOUNTABLE UPON OR UNDER ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED,STATUTORY BY OPERATION OF
LAW,OR OTHERWISE,IN ANY MANNER OR FORM BEYOND THEAGREEMENTS OF SUB-PARAGRAPHS I OR 2 THIS AGREEMENT.
14. Any action of any type by any party to this Agreement relating to this Agreement,whether such action be for breach of contract,breach of
warranty,in tort or under any other legal theory,must be commenced within two(2)years of accrual of the cause of action,
15. Customer agrees that this agreement can be filed as public notice of a lien In favor of Altorfer Inc.This filing will be made with the competent
agency as designated by law.Customer affirms that this agreement creates a lien in favor of Altorfer Inc.
16. EFFECTIVE DATE OF AGREEMENT.This agreement must be approved and signed by an authorized officer/agent of Altorrer before any of
its terms,or conditions are valid.
Caterpillar Inc. Check when information has been DO NOT SEND IF
CA&TERPILLAR enteredinto the Product ENTERED INTO P.I.S.
panda,Illinois 61629 Information System through
Caterpillar doolor terminal.
Delivery Service Record Comprobante Del Servicio De Entrega
DLR.CODE MODEL MACHINE SEMAL NO. HOURS DELIVERY DATE ENGINE SERIAL NO.
COD, DISTRIB, MODIELO NIS MAQUINA HORAS FECHA DE ENTREGA NIS MOTOR
ATTACHMENTS INSTAL1.17D, BUCKET,DOZER,RIPPER,WINCH,CAD, ACCESORIOS INSTALADOS: CUCHARON,HOJA,DESGARRADDR,MALACATE,
TRANSMISSION,BOOM,STICK,ETC. CARINA,TRANSMISiON,PWMA,BRAZO,FTC,
Mir.&Modell or Part No. Mir.&Model or Part No. Mfr.&Model or Part Na.. Mfr.&Model or Part No.
Fabricante y Modeio D NIP FabricarLe y Modelo o N/P Fabricante y Modelo o NIP Fabricante y Modelo c NIP
Serial No. Serial No, Serial No. Serial No.
NIS NIS NIS NIS
Customer Narre(Pioaso Print)
Nombre del Clionto(con tetra do Imprenta)
u ------
V
Full Milling Aftess �ok '37 2
Dlrecuidn Compieta CCC
-12 Country
-�—; Pals
Delivery servince on this machine has been completed,including the following items, Check(V)when each item is completed.
El servicio de entrega de esta miquina se ha completaclo incluso los puntos siguientes. Marque(V)cada punto que complete,
FV1 1.Operation Guide delivered with machine and operating controls and warning labels explained to user, El 3.Parts Book delivered with machine.
AISe encreg6 con la maquina la Guia de Cpnracidri y so expfict ausurado la operaclbn do los cDntmle5 y los r6tulos de advertencia. So entreg6 con]a m6%ina al CatAle
_go do Piezas.
2.Maintenance Guido delivered with machine and maintenance service,fluid levels and AdjuStruehtS explained to user. ❑ 4.All items an Delivery Checklist have been completed.
So eAtre96 Con)a mArfulno In Guia do Canlerved6ir y so eXplitO al usoado el servirio do comervarl6n,qjystes y nivel do fitildos So hizo todo lo Indicado en al Cornprobanto de Eritrega
(No.co Forma 01-086314-03).
Dir.Rep.Signature
User's Signature
Firma del representonte
Firma del usuario 5;� del distribuidar
Delivery Checklist CONTINUED CN REVERSE SIDE
At dealership At delivery area with Customer (Owner, operator):
13 Make sure ail pending Safety Product Improvement EI Explain Parts Book.
Programs(PIP)have been completed. El Explain all warning labels on machine.
13 Mike sure all necessary forms and literature 0 Show location or all serial numbers on machine.
are avaflable,
11 All decals are installed. Lubrication and Maintenance,
0 All attachments are Installed/available. 0 Explain Maintenance Guido,
1:1 Install shipping/sorvIce lock pins in fire suppression
El Instruct how to use lubrication and
system(if equipped)when transporting machine,
maintenance chart.
El Show all lubrication points on the machine
and attachments.
Lista de IComprobaci6n SIGUE AL DORSO
En la distribuidera En el lugar do entrega, cD_nqI cliente (propietario, operadorj.
El Asog0rose que so completaron los programas pendientes,de 11 Expitcar"I e CatAlogo do,pietas.
niriloras all producto pare fines do soguridod(PIP), El Explicar todos los rdtulos de advertencla de la m6quina.
1:1 Asegrjr"e clue hay disponjblasCt,)das las rornnas y follotos El MOStrar ubiCaci6n do todus los norneros de serie en is m6quina.
nocosarlos.
El So han puerto toclas las etiqUOU15. Lubricacidn y Conservacift
L1 Tories Ins accesorios estAn instaladosidisponibles. El Explicar la Gula de Conservaci6n.
El Se Man instalado los pa5adoros do traba para embarquelservicio El Indicar come so utilize el ruadro de lubricacibn y
an el sistema supresor de incendlos(si Liene)al transporter a conservaci6n,
m4quma., El MosLrar todos los puntos de luhricacft de to
01-085314-09(3515) mftquina y 2ccesorlos.
i
April 2,2015
Abby Vonachen
Caterpillar Financial Services Corporation
2120 West End Avenue
P.O.Box 34001
Nashville, TN 37203.0001
Re: Purchase Option under that certain Long Term Rental Agreement dated 05/06/2011 lease number 001-
0593628-000 between CITY OF FAIRFAX as Lessee, and Caterpillar Financial Services Corporation, as
Lessor(the"Lease")
Dear Sir:
CITY OF FAIRFAX is lessee under that certain Lease described above for the following
equipment: 257B3 MULTI TERRAIN LOADER Serial 4 B71100725 (the`fiEquipment"}.
Pursuant to the Lease, Lessee has the option to purchase ("Purchase motion"} all or any piece of
the Equipment at the CAT VALUE OPTION as set forth in the Lease. Lessee desires to exercise the
Purchase Option on the pieces of Equipment set forth below:
"ALL EQUIPMENT UNDER THE LEASE"
ALTORFER INC has agreed to advance all of the funds necessary to purchase the Equipment at
the Purchase Option (as defined in the Lease) and Lessee requests Lessor to accept payment from
ALTORFER, INC on behalf of Lessee. Upon receipt of the Purchase Option, all applicable sales and
property taxes owed, and all other amounts and obligations owed under the Lease, Lessor will execute a bill
of sale in favor of'Lessee,
Very truly yours,
CITY OF FAIRFAX
Name: L A
.........................
Title:• C !:
1� G
Aclurowledument:
Caterpillar Financial Services Corporation
By:
Title:
Date:
FormInformation Return for Small Tax-Exempt
8038-GC
Governmental Bond Issues, Leases, and Installment Sales
(Rev.January 2012) OMB No,1545-0720
1*, Under Internal Revenue Code section 149(e)
Department of the Treasury
Internal Revenue Service Caution.l(the issue price of the Issue Is$100,000 or more,use Form 803843,
1��Reportinq Authority Check box if Amended Return Ill
1 Issuer's nameue r's employer'eclentlfication number(EIN)
au,
3 Numb dr and street(or P.O.box If mail is not delivered to street address) Room/suite
4 City,tow ,or post office,state,and ZIP code 5 Report number(For IRS Use Only)
F I
6 Name and We of officer 6r other employee of issuer or designated contact person whom the IRS may call for more Information 7 Taiaphone number of officer or legal representative
Description of Obligations Check one: a single issue [] or a consolidated return
8a Issue price of obligation(s)(see Instructions) . . . . . . . . . . 8a
b Issue date (single issue) or calendar date (consI'd t d) Enter date in mm/dd/yyyy format (for
example,01/01/2009)(see instructions)10, ,,?",7,
9 Amount of the reported obligation(s)on line 8a that is:
a For leases for vehicles . . . . . . . . . . . . . . . . . 9a
b For leases for office equipment . . . . . . . . . . . . . . . 9b
c For leases for real property . . . . . . . . . . . . . . . . . .. . . . . . . 9c
d For leases for other(see instructions) . . . . . . . 9d
e For bank loans for vehicles . . . . , . . . . . . . . . , . . . . . . . . . ge
f For bank loans for office equipment . . . . . . . .. . . . . 9f
g For bank loans for real property. . . . . . . . . . . . . . . . . . . . . 9g
h For bank loans for other(see instructions) . . . . . . . . . . . . . 9h
i Used to refund prior issue(s) . . . , . . . . . . . . . . . . . . . . . . 9i
j Representing a loan from the proceeds of another tax-exempt obligation(for example,bond bank)
k Other . . . . . . . . . . . . . . . . . . . . . . . . . 9k
10 If the issuer has designated any issue under section 265(b)(3)(13)(i)(111)(small issuer exception), check this box . . . . ► EE11
11 If the issuer has elected to pay a penaltyin Heu of arbitrage rebate, check this box,(see instructions) . . . . . . . ► El
12 Vendor's or bank's name:
-----------------------------------------------------------
13 Vendor's or bank's employer identification number:
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief,they are
,rue,correct,and complete.I further decare that I consent to the IRS's disclosure of the issuer's return information,as necessary to process this return,to the person(s)
Signature that I have authorized above,
and
Consent
S_Ig_natuFeoOs4uer's authorized representative Date Type or print nEms and title
Print/Type preparer's name signature Date pTIN
Paid Check
Preparer
Use Only Firm's name 0- Firm's EIN I*,
Firm's address 0- *one no,
General Instructions Who Must File pay a penalty In lieu of arbitrage rebate(see
Section references are to the internal Revenue Issuers of tax-exempt governmental the line 11 instructions),
Code unless otherwise noted. obfigations with Issue prices of less than Filing a consolidated return for multiple
$100,000 must file Form 8038-GC, issues.For all tax-exempt governmental
What's New Issuers of a tax-exempt governmental obligations with issue prices of less than
The IRS has created a page on IRS.gov for obUgation with an issue price of$100,000 or $100,000 that are not reported on a separate
information,about the Form 8038 series and more must file Form 8038-G, Information Form 8038-GC,an issuer must tile a
its Instruct ions,at www.irs.govIfici Return for Tax-Exempt Governmental consolidated information return including all
Information about any future developments Obligations. such issues issued within the calendar year.
affecting the Form 8038 series(such as Filing a separate return for a single issue. Thus,an issuer may file a separate Form
legislation enacted after we release It will be Issuers have the option to file a separate 8038-GC for each of a number of smail Issues
posted on that page. Form 8038,-GC for any tax-exempt and report the remainder of small Issues
Purpose of Form governmental obligation with an Issue price issued during the calendar year on one
of less than$100,000. consolidated Form 8038-GC,However,If the
Form 8038-GC is used by the issuers of tax- issue Is a construction issue,a separate Form
exempt governmental obligations to provide An issuer of a tax-exempt bond used to 8038-GC must be filed to give the IRS notice
the IRS with the information required by finance construction expenditures must file a of the election to pay a penalty In lieu of
section 149(e)and to monitor the separate Form 8038-GC for each issue to give arbitrage rebate.
requirements of sections 141 through 150, notice to the IRS that an election was made to
Cat.No.6410813 Form 8038-GC (Rev,1-2D12)
Governmental Equipment Lease-Purchase,Agreement C
Transaction Number 2654039 Financial
LESSOR("we", "us",or"our"). LES5E E("you"or"your'):
CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF FAIRFAX
2120 West End Avenue 525 Vanderbilt Street
Nashville,TN 37203 Fairfax,[A 52228
In reliance on your selection of the equipment described below(each a"Unit"),we have agreed to acquire and lease the Units to you,subject to the
terms of this Lease. Until this Lease has been signed by our duly authorized representative, it will constitute an offer by you to enter into
this Lease with us on the terms stated herein.
DESCRIPTION OF THE UNfTS
:
.3
DESCRIPTION OF UNITSStR' IAIJ.VIN ANNUM L.., FINAL LEASE DELIVERY DATE
Whelher the Unit is pew priused the Unique JD number fo.i.. :LEASE PAYMENT PAYMENT Enter date machine was
model number,the manufacture r this Unit -this Is due per delivered to you
d the 6 model name,' period,'as statedbelow in section 3.
(1)New 259D Caterpillar Compact Track Loader FTL03286 $9,335.31 $35,975.31
------------------------—------------------- 7 7 --T-,7
7
TERMS AND CONDITIONS'
..........
3. Lease Payments; Current Expense You will pay us the lease payments, pay to us, on demand, a late payment charge equal to the lesser of five
including the final lease payment set forth above (collectively, the "Lease percent(5%)of such Payment or the highest charge allowed by law.
Payments"). Lease Payments will be paid by you to us as follows: a first 5. Security Interest To secure your obligations under this Agreement, you
payment of$9,335-31 will he paid in arrears and the balance of the Lease grant us a continuing first priority security interest in each Unit(including any
Payments is payable in 2 successive annual payments of which the first I Additional Collateral), including all attachments, accessories and optional
payments are in the amount of$9,335.31 each, and the last payment is in features (whether or not installed on such Units) and all substitutions,
the amount of $35,975.31 plus all other amounts then owing under this replacements, additions, and accessions, and the proceeds of all the
Lease,with the first Lease Payment due one year after the date that we sign
this Lease and subsequent Lease Payments due on a like date of each year foregoing,including,but not limited to,proceeds in the form of chattel paper,
thereafter until paid in full. A portion of each Lease Payment constitutes You authorize the filing of such financing statements and will, at your
interest and the balance of each Lease Payment is: payment of principal. expense, do any act and execute, acknowledge, deliver, file, register and
The Lease Payments will be due without demand. You will pay the Lease record any document, which we deem desirable to protect our security
interest in each Unit and our rights and benefits under this Agreement. You,
Payments to us at Caterpillar Financial Services Corporation;PO Box at your expense,will protect and defend our security interest in the!Units and
730669: Dallas,TX 76373-0669 or such other location that we designate in will keep the Units free and clear of any and all claims,liens,encumbrances
writing, Your obligations, including your obligation to pay the Lease
Payments due in any fiscal year,will constitute a current expense of yours and legal processes however and whenever arising,
for such: fiscal year and will not constitute an indebtedness of yours within 6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE
the meaning of the constitution and laws of the State in which you are ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND,
located (the "State"). Nothing In this Agreement will constitute a pledge by EXPRESS OR IMPLIED, AS TO THE UNITS, AS TO US, YOUR LEASE
you of any taxes or other moneys, other than moneys lawfully appropriated AND PURCHASE OF THE UNITS WILL BE ON AN"AS IS"AND"WHERE
from time to time for the payment of the "Payments"(as defined in the last IS" BASIS AND "WITH ALL FAULTS'. Nothing in this Agreement is
sentence of this Section) owing under this Agreement. You agree that, intended to flimit,waive,abridge or otherwise modify any rights,claims,
except,as provided In Section 7, your duties and liabilities under this or causes of action that you may have against any persoin or entity
Agreement and any associated documents are absolute and other than us.
unconditional. Your payment and performance obligations are not 7, Non-Appropriation You have an immediate need for,and expect to make
subject to cancelation, reduction, or setoff for any reason, You agree immediate use of, the Units. This need is not temporary or expected to
to settle all claims,defenses,setoffs,counterclaims and other disputes diminish during the term of this Agreement. To that end, you agree,to the
you may Ihave with the Supplier, the manufacturer,of the Unit, or any extent permitted by law, to include in your budget for the current and each
other third party directly with the Supplier, the manufacturer or the successive fiscal year during the term of this Agreement,a sufficient amount
third party,as the case may be. You will not assert,allege or make any to permit you to discharge your obligations under this Agreement.
such claim,defense,setoff,counterclaim or other dispute against us or Notwithstanding any provision of this Agreement to the contrary,we and you
with respect to the payments due us under this Agreement.As used in agree that,in the event that prior to the commencement of any of your fiscal
this Agreement, "Payments"will mean the Lease Payments and any other years you do not have sufficient funds appropriated to make the Payments
amounts required to be paid by you. duo under this Agreement for such fiscal year, you will have the option of
The portion of the Lease Payments constituting principal will bear interest terminating this Agreement as of the date cf the commencernent of such
(computed on the basis of actual days elapsed In a 36,0 day year)at the rate fiscal year by giving us sixty (60)days prior written notice of your Intent to
of 3.20%Iper annum, terminate. No later than the last day of the last fiscal year for which
4. Late Charges If we do not receive a Payment on the date it is due,you will appropriations were made for the Payments(the"Return Date"),you will
F.-N.,GDVLEASE 47333115 R.d.MD D&3MO15 11-.41 AM U
111116 NAWN 11111
return to us all of the Units,at your sole expense,in accordance with Section Payment when due and such failure continues for ten(10)days after the due
14,and this Agreement will terminate on the Return Date without penalty or date for such Payment or (b) you fail to perform or observe any other
expense to you and you will not be obligated to pay the Lease Payments covenant,condition,or agreement to be performed or observed by you under
beyond such fiscal year; provided,that YOU Will pay all Payments for which this Agreement and such failure is not cured within twenty (20)days after
moneys have been appropriated or are otherwise available; and provided written notice of such,failure from us. Upon an Event of Default,we will have
further, that you will pay month to-month rent at the rate set by us for each all rights and remedies available under applicable law, In addition,we may
month or(part of any month that you foil to return the Units, declare all Lease Payments due or to became due during the fiscal year in
8, Tax Wwhich the Event of Default occurs to be immediately due and payable by you
Warranty You will, at all times, do and perform all acts and things and/or we may repossess the Units by giving you written notice to deliver the
necessary and within your control to ensure, that the interest component of Units to us in the manner provided in Section 14,or in the event you fail to do
the Lease Payments will, for the purposes of Federal income taxation, be so within ten (10) days after receipt of such notice, and subject to all
excluded from our gross income. You will not permit or cause your applicable laws, we may enter upon your promises and take possession of
obligations under this Agreement to be guaranteed by the Federal the Units. Further, if we financed your obligations under any extended
Government or any branch or instrumentality of the Federal Government. Warranty agreement such as an Equipment Protection Plan, Extended
You will use the Units for the purpose of performing one or more of your Service Contract, Extended Warranty, Customer Service Agreement, Total
governmental functions consistentwith the scope of your authority and not in Maintenance and Repair Agreement or similar agreement, we may cancel
any trade or business carried on by a person other than you. You will report such extended Warranty agreement on your behalf and receive the refund of
this Agreement to the Internal Revenue Service by Fling Form 8038G, the extended warrainty agreement fees that we financed but had not received
8038GC or 8038, as applicable. Failure to do so will cause this Agreement from you as of the,date of the Event of Default.
to lose its tax exempt status. You agree that if the appropriate form is not
filed, the interest rate payable under this Agreement will be raised to the 13. Miscellaneous This Agreement may not be modified, amended,altered or
equivalent taxable interest rate. If the use, possession or acquisition of the changed except by a written agreement signed by you and us. In the event
Units is determined to be subject to taxation,you will pay when due all taxes any provision of this Agreement 18 found invalid or unenforceable, the
and governmental charges assessed or levied against or with respect to the remaining provisions will remain in full, force and effect. This Agreement,
Units, together with exhibits,constitutes the entire agreement between you and us
and supersedes all prior and contemporaneous writings, understandings,
9. Assignment You may not,without our prior written consent,by operation of agreements, solicitations, documents arid representations, expressed or
law or otherwise,assign,transfer,pledge,hypothecate or otherwise dispose implied.Any terms and conditions of any purchase order or other documents
of your right, title and Interest in and to this Agreement and/or the Units submitted by you In connection with this Agreement which are in addition to
and/or grant or assign a security interest in this Agreement andfor the Units, or inconsistent with the terms and conditions of this Agreement will not be
In whole or in part. We may not transfer,sell, assign, pledge, hypothecate, binding on us and will not apply to this Agreement. You agree that we may
or otherwise dispose of our right,title and interest In and to this Agreement correct patent errors in this Agreement and fill in blanks including, for
and/or the Units andlor grant or assign a security interest in this Agreement example,correcting or filling in serial numbers,VIN numbers,and dates.Any
and/or the Units,in whole or in part. notices required to The given under this Agreement will be given to the parties
10. Indemnity To the extent permitted by law,you assume liability for,agree to in writing and by certified mail at the address provided in this Agreement,or
and do indemnify,protect and hold harmless us and our employees,officers, to such other addresses as each party may substitute by notice to the other,
directors and agents from and against any and all liabilities, obligations, which notice will be effective upon its receipt.
losses, damages, injuries, claims, demands, penalties, actions, costs and 14. Title; Return of Units Notwithstanding our designation as"Lessor',we do
expenses (including reasonable attorney's fees), of whatsoever kind and not own the Units.Legal title to the Units will be in you so long as an Event of
nature, arising out of the use, condition (including, but not limited to, latent Default has not occurred and you have not exercised your right of
and other defects and whether or not discoverable by you or us), operation, non-approprIation.IIf an Event of Default occurs or if you non-appropriate,full
ownership,selection,delivery,storage,leasing or return of any Item of Units, and unencumbered title to the Units will pass to us without the necessity of
regardless of where,how and by whom operated,or any failure on your part further action by the partles,and you will have no further interest in the Units.
to accept the Units or otherwise to perform or comply with any conditions of
If we are entitled to obtain possession of any Units or if you are obligated at
this Agreement. any time to return any Units, then (a) title to the Units will vest In us
11. Insurance; Loss and Damage You bear the entire risk of loss, theft, immediately,and(b)you will,at your expense,promptly deliver the Unit to us
destruction or damage to the Units from any cause whatsoever. No Ioss properly protected and in the condition required by Section 11. You will
theft, destruction or damage of the Units will relieve you of the obligation to deliver the Unit, at our option, (I) to the nearest Caterpillar dealer selling
make Lease Payments or to perform any obligation owing under this equipment of the same type as the Unit;or(H)on board a carrier named by
Agreement. You agree to keep the Units insured to protect all of our us and shipping the Unit,freight collect,to a destination designated by us. If
interests, at your expense, for such risks, in such amounts, in such forms the Unit is not in the condition required by Section 11, you must pay us,on
and with such companies as we may require, including but not limited to fire demand, all costs and expenses Incurred by us to bring the Unit into the
and extended coverage insurance, explosion and collision coverage, and required condition.Until the Units are returned as required above,all terms of
personal liability and property damage liability insurance. Any insurance this Agreement wilt remain in full force and effect including,without limitation,
policies relating to loss or damage to the Units will name us as loss payee as your obligation to pay Lease Payments and to insure the Units.
our interests may appear and the proceeds may be applied toward the 15. Other Documents In connection with the execution of this Agreement,you
replacement or repair of the Units or the satisfaction of the Payments due will cause to be delivered to us (I) either (A) a certified copy of your
under this Agreement. You agree to use,operate and maintain the Units In authorizing resolution substantially In the form attached as Attachment B and
accordance with all laws,regulations and ordinances and in accordance with a copy of the minutes of the relevant meeting or (B) an opinion of your
the provision of any policies of Insurance covering the Units,and will not rent counsel substantially in the form attached as Attachment C; (fl)a Verification
the Units or permit the Units to be used by anyone other than YOU. You of Insurance substantially in the form attached to this Agreement;(III)a copy
agree to keep the Units in good repair, working order and condition and of the signed Form filed with the Internal Revenue Service required in
house the Units in suitable shelter,and to permit us or our assigns to Inspect Section B above as Attachment D; and (Iv) any other documents or items
the Units at any time and to otherwise protect our interests in the Units. If required by us.
any Unit is customarily covered by a maintenance, agreement, you will
furnish us with a maintenance agreement by a party acceptable to us. 16. Applicable Law This Agreement will be governed by the laws, excluding
12. Default; Romedl An"Event of Default"will occur if(a)you fail to pay any the laws relating to the choice of law,of the State in which you are located.
SIGNATURES
LESSOR LESSEE
CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF FAIRFAX
Signature ire fill
Name(print) ame(prmt)
Title p"T le
Date
r.-N.GOVLEASE 4733305 8.rt.MD"d OM 15 li:41 AM CT
CUSTOMER INFORMATION VERIFICATION C.AAhT'
(Required Document)
financial
In our efforts to continue providing timely customer service, we need your assistance confirming the following information. If any
information is incorrect or missing, please note the necessary changes below and return this form with your signed documents. In
addition, please review the Data Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order#for new contract;
Customer Name: CITY OF FAIIRFAX
Physical Address: 525 Vanderbilt Street
Fairfax, IA 52'228 j
Mailing Address; PO Box 337
Fairfax, IA 52228
Equipment Location: PO BOX 377
FAIRFA , IA 52228,LINN
Business Phone: (319)846-2204
E-maii Address: MAYORRAI3E @uGMA1L.COM
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate: 0
(Please note: Sales Tax Rate, includes all applicable State,County,and City sales tax)
City Limits Asset outside the City Limits?Yes No
Tax Exemption Status: Please indicate If you are tax exempt. If you are tax exempt-please enclose a current
❑ Exempt tax exemption certificate to be returned)with
❑ Non-Exempt you r documents-Not needed by CFSC if dealer
"Should the above changes apply to ALL of your contracts, OR for this contract ONLY?
❑ ALL CONTRACTS
I] THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE WITH EXCEPTION
OF ANY CORRECTIONS AS NOTED.
Cus mer Initials
Data Privacy Notice: This notice pertains to personal data supplied in connection with your credit application. By providing your information to
Caterpillar Inc. or any of its subsidiaries or affiliates, including Caterpillar Financial Services Corporation (collectively
"Caterpillar J, you are agreeing that the information may be shared among Caterpillar and its partners and dealers, and
used to process your applications for credit and other orders and to improve or market Caterpillar products and services.
If you have any questions pertaining to this notice,please contact the Data Privacy Coordinator at 615-341-6222.,
Fe Na.COVER
fjfII u�u�yy JLJ E[krk 41333'p5 Cr37361iPP0i5li_djAM GT
CATERPILLAR INSURANCE COMPANY(CIC) SELECTION FORM
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may
be provided through an insurance agent or insurance company of yaur choice, provided the Insurance company satisfies minimum
financial requirements.
As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged by
Caterpillar insurance Services Corporation,that has been designed specifically for the purchasers of Cat®equipment.
Please complete this form if you elect to insure your equipment with Caterpillar insurance Company(CIC).
CIC Physical Damage Insurance Policy Summary
Please note: This is only a brief description of the CIC Physical Damage Insurance Program. Contractual provisions contained in the
policy will govern.
CIC Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism,
upset or overturn, floods, sinking, earthquakes and ether unfortunate acts of nature. The protection has been designed for owners of
heavy equipment and provides superior benefits you most likely would not find in other plans,
The CIC (Physical Damage Insurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of
income, war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterborne shipments, tires or tubes or mobile
track belts damaged by blow-out, puncture,and road damage.
When a covered loss occurs, this plan will pay for Cat@ replacement parts on all your new or used Caterpillar equipment„ On all
equipment from other manufacturers,the plan will pay for comparable replacement parts.
Transportation
Your CMC plan will pay for round-trip transportation of covered damaged equipment to and from your Cat dealer's repair facility, up to
$2,500 limit,
The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically
protected with up to$100,000 of coverage for damage to the similar equipment you rent.
In the event of a total loss,the policy will pay the greatest of the following:
- The payoff value of the loan on the damaged parts or equipment as of'the date of loss or
- The actual cash value of that covered property; or
The cost of replacing that property with property of like kind and quality
The policy Will pay 10%of scheduled loss, up to a$10,000 maximum for debris removal.
The policy will pay fire department service fees up to$5,000.
Deductible
$9,000 Construction and Agricultural Equipment Deductibles:
$5,000 deductible all logging Equipment
Customer Service
If you have any questions or need additional details,see your Authorized Cat Dealer or call CBC toll free at 1-800-248-4228—
You may also e-mail CIC at physicaldamage(@.cat.corn
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM RISK INSURANCE ACT OF 2002
(as extended by the Terrorism Risk Insurance Extension Act of 2D05,and as amended in 2007)
You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007,the definition of act of terrorism has changed. As defined in
Section 102(1)of the Act:The term"act of terrorism"means any act that is certified by the Secretary of the Treasury-in concurrence with the Secretary
of State,and the Attorney General of the United States-to be an act of terrorism;to be a vioient act or an act that is dangerous to human life,property,
or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the
premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of
the United States or to Influence the policy or affect the conduct of the United States Government by coercion.
Under your coverage,any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula
established by the Terrorism Risk Insurance Act, as amended in 2007. However, your policy may contain other exclusions, which might affect your
coverage,such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism
losses exceeding the statutorily estabiished deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as
amended, contains a $100 billion cap that limits U.S. government reimbursement as well as insurers' liability for losses resulting from certified acts of
terrorism when the amount of such losses exceeds$100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed$100
billion,your coverage may be reduced.The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is:$0.00
Foam Wo.IHSI1gFC0.T
4]3]]05 B..ertmJJOr iwl3aP.ibry577:d1 AM C7
IlfIs V.T 11111
Verification of Insurance
Financial '
LESSOR (we): LESSEE (you);
CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF FAIRFAX
2.120 West End Avenue 525 Vanderbilt Street
Nashville,TN 37203-0001 Fairfax, IA 52228
1,The above-named Lessor and Lessee have entered into Governmental Equipment Lease-Purchase Agreement Transaction
Number 2554039(the"Agreement"). In accordance with the Agreement, Lessee has instructed the insurance agent named below:
Company: w a.r., ;(a, l,,d�f, . ' r in ;r.t u �',
,Acldrpss:
Phone No: �I- i 7 � 7�i L) P
Aggnf.,.Name:
to issue:
a.All Risk Physical Damage Insurance on the Equipment(as defined in the Agreement)evidenced by a Certificate of Insurance and
Long Form Loss Payable Clause naming the Lessor and/or its Assignee, as loss payee,
The Coverage Required:the aggregate purchase price for the Equipment,
b, Public Liability Insurance evidenced by a Certificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of$1,000,000 per occurrence is required.
2.Proof'of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Model# Equipment Description Serial# VIN# Value Including Tax
1.259D Caterpillar Compact Track Loader FTL03286 $52,073.06
LESSEE
CITY OF FAIRFAX
51 naiuire /! //
Name(print)
-------------
Date
Tatie
fo,m ryp,GOV'1�'8' 6)33305 drfY.6A26715 tf;gi AM GF
III �� fl t`[r� III
CITY OF FAIRFAX
SPECIAL CITY COUNCIL MEETING
APRIL 28, 2015
The special meeting of the Fairfax City Council was held Tuesday, April 28, 2015, at
Fairfax City Hall. Mayor Jason Rabe called the meeting to order at 7:00 PM. Council members
present: JoAnn Beer, Bernie Frieden, Travis Otto, Marc Magers,and Marianne Wainwright.
Other city staff present: Cynthia'Stimson and Lynn Miller.
Motioned by Magers, seconded by Otto to approve the agenda. Ayes: Beer, Frieden,
Otto, Magers, and Wainwright. Nays: None. Motion carried.
Mayor Rabe opened the public hearing at 7.02 PM. No one present had any comments.
The city clerk's office did not:receive any comments. Mayor Rabe closed the public hearing at
7:03 PM.
Motioned Otto, seconded by Magers to approve RESOLUTION 201.5-36,A
RESOLUTION APPROVING AND AUTHORIZING A LEASE PURCHASE
AGREEMENT. Roll call vote: Ayes: Beer, Frieden, Otto,Magers, and Wainwright. Nays:
none. Motion carried. Mayor Rabe declared RESOLUTION 201.5-36 duly adopted.
Motioned Beer, seconded by Magers to approve RESOLUTION 2015-37, A
RESOLUTION SETTING THE DATE FOR SALE OF GENERAL OBLIGATION
CORPORATE PURPOSE BONDS, SERIES 2015 AND AUTHORIZING THE USE OF A
PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF
THE BONDS. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Nays:
none. Motion carried., Mayor Rabe declared.RESOLUTION 201.5-37 duly adopted.
Motioned.Magers, seconded by Beer to approve RE,ES'OLIr TION 20.15-38, A
IIESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING
CONCERNING ADOPTING AN UPDATED FUTURE LAND USE MAP AS PART OF
THE FAIRFAX COMPREHENSIVE PLAN FOR THE CITY OF FAIRFAX. Roll call
vote. Ayes: Beer, Frieden, Otto„ Magers, and Wainwright. Nays: none. Motion carried.
Mayor Rabe declared RESOLUTION 2015-38 duly adopted.
Discussion was held regarding two park equipment quotes for the park on Driftwood
Lane.
Motioned by Otto, seconded by Frieden to accept the quote from Boland Recreation for
equipment at the park on Driftwood Lane. Ayes: Beer, Frieden, Otto, Magers, and Wainwright.
Nays: none. Motion carried.
The clerk was instructed to contact CiatneTitne about another type of swing wanted for
this park and present this information during the next city council meeting.
Discussion was held about city council meeting location after adding another work
station in this room. The City Council does not want to meet at a different location. They want
to use an electronic connection for multi-level access and then discuss other building options.
Tuesday, May 26, 2015, at 7:00 PM was set as the date and time for a special city council
meeting needed for bonding purposes.
Motioned by Magers, seconded by Frieden to adjourn the meeting. Ayes: Beer, Frieden,
Otto,Magers, and Wainwright. Nays: none. Motion carried.
Mayor Rabe adjourned the meeting at approximately 7:35 PM.
Mayor Jason Rabe
City Clerk/Treasurer Cynthia Stimson
Disclaimer: The foregoing minutes are not official until approved by the City Council.
Attachment B CdAiff
Transaction Number 2654039 Financial
WHEREAS, the laws of the State of Iowa (time "State") authorize CITY OF FAIRFAX (the '"Governmental Entity"), a duly organized political
subdivision, municipal corporation or similar public entity of the State, to purchase, acquire and lease personal property for the benefit of the
Governmental Entity and its inhabitants and to enter into any necessary contracts;and
the Governmental Entity wants.to lease, purchase and/or finance equipment ("Equipment")from Caterpillar Financial Services Corporation
and/or an authorized Caterpillar dealer ("Caterpillar) by entering into that certain Governmental Equipment Lease-Purchase Agreement (the
"Agreement")with Caterpillar;and
the form of the Agreement has been presented to the governing body of the Governmental Entity at this meeting.
RESOLVED,that: (1) the Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantlaily the form j
presented at the meeting, with any Approved Changes (as deigned below), (li)the Governmental Entity enter into the Agreement with Caterpillar
and(ill)the Agreement is adopted as a binding obligation of the Governmental Entity„and
that changes may later be made to the Agreement if the changes are approved by the Governmental Entity's counsel or members of the governing
body of the Governmental Entity signing the Agreement (the "Approved Changes") and that the signing of the Agreement and any related
documents is conclusive evidence of the approval of the changes;and
that the persons listed below,who are the incumbent officers of the Governmental Entity(the"Authorized Persons
Name(Print orType r Ti e(Printor✓Type)
/111
be,and each is,authorized,directed and empowered,on behalf of the Governmental Entity,to(i)sign and deliver to Caterpillar,and its successors
and assigns, the Agreement and any related documents, and (11)take or cause to be taken all actions he/she deems necessary or advisable to
acquire the Equipment,including the signing and delivery of the Agreement and related documents;and
that the Secretary/Clerk of the Governmental Entity is authorized to attest to these resolutions and affix the seal of the Governmental Entity to the
Agreement,these resolutions,and any related documents;and
that nothing in these resolutions, the Agreement or any other document imposes a pecuniary liability or charge upon the general credit of the
Governmental Entity or against its taxing pourer, except to the extent that the payments (payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement;and
that a breach of these resolutions,the Agreement or any related document will not impose any pecuniary liability upon the Governmental Entity or
any charge upon its general credit or against Its taxing power, except to the extent that the payments payable under the Agreement are special
limited obligations of the Governmental Entity as provided in the Agreement;and
that the;authority granted by these resolutions will apply equally and with the same effect to the successors in office of the Authorized Persons.
-e('rSlir t4 f CI'T'Y OF FAIRFAX, certify that the resolutions above are a
full, trre and correct copy of resolutions of the governing body of the Governmental Entity.. I also certify that the resolutions were duly and regularly
passed and adopted at a meeting of the governing body of the Governmental Entity. I also certify that such meeting was duly and regularly calied and
held in all respects as required by law, at the Governmental Entity's office. l also certify that at such meeting, a majority of the governingbody of the
Governmental Entity was present and voted in favor of these resolutions.
I also certify that these resolutions are still in full force and effect and have not been amended or revoked.
IN WITNESS of these resolutions,the officer named below executes this document on behalf of the Governmental Entity.
° ' 'Y
Data:-
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Farm N.GOVAUTIN
47a310naMMDrs ciAi ora et
CAA1,T0
Meeting Minutes Financial
ALTORIFER INC.
2600 6TH STREET, S.W.
P.O. SOX 1347
CEDAR RAPIDS IA 52406-1347
CITY OF FAIRFAX
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
Form kc,LTRO43
f]fII II`[ 473350500=2015 IMI AM CT