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HomeMy WebLinkAboutAuto Lease - Ford InterceptorsAGREEMENT/CONTRACT CONTROLFORM This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Document Name: Municipal Vehicle Lease and Option Agreement Address: Auto Leasing Specialists, LLC 17526 0 Street, Omaha, NE 68135 Type of Document: Contract ❑ Lease ❑ Easement ❑ Grant Document ❑ IGA❑ Deed ❑ (Property location: (Grant Name: ) Other (Specify): Date: 3/25/2016 Purpose of Document: Purchase of (3) Ford Police Interceptor Utility patrol vehicles. Contact Person: Brian Dav Dept.: POLICE Return Requested by: Contract Term: 3yrs/ $1 buy-back option Approval by: Expiration Date: 04/01/2018 Legal Review notes: Refer to enclosed written Opinion of Counsel I A""" Nn 1 Yes (If yes circle below) [Council Approval needed: Motion No Resolution Record with County: I Yes I No An original signed copy of the agreement is routed to the City Recorder for filing. If the document needs to be sent out for additional signatures provide a copy with partial signatures to the City Recorder for future reference. MUNICIPAL LEASE AND OPTION AGREEMENT LESSOR Auto Leasing Sperm, uc Send a8 documents to: Aorto Leasing Specialists, ILC Agteemat No. 2686 4785 Portland Rd NE 17526 O Street Ikrce: 4!72016 Sam Origin 97305 Omaha, NE 66135 (877) 227-0876 (503) 485-0990 (402) 315-3792 LESSEE: City of Central Perot, OR VENDOR: See Exhibit B 140 South Third Sheet Cental Pont OR 97502 Phone. 541-664-5578 NOTE: This 6 an bilinsl Ware axuempt transaction. No TIN/SSN r»mt be pmvtded became Anne ofthe payrantc are IRS reportable (such as 1.1099). (See Section 103. 149. and 6041 ofine Internal Revenue Code of 1986as aided and the Instr¢tiom for Faun 1099.8038-G, and 8038 -GC.) 1 EQUIPMENTDESCRIPTION (make, model, salad no., and attachments -Equipment is new orales, noted) I One (1) 2016 Fad Ituerceotor PI Utility SUVand One (1) 2D16 Dodee Ram 1500 as more dmtoueiilv described m Exhibit -X'to the Ameement I Any additional comli affi will be desorrbed m anyDebi ed Eoum en Desna m Amendment that a exertmd aid w uch Arren m rm Apee®t. Lessor assrmes and shall have mo responsibility for performance or maintenance of Equipment 1-quqxment is to be msmed Iry Lessee VENDOR /S NOT AN AGENTOF LESSOR and An rept five of Vendor u authorized to waive supplement or otherwise aha any provision hereof Maintenance and/or supplies ARE NOT included in this Agreement unless specified in the Equip mrm Description Lessor of assignee has a security mtcrest in Eomument and .mut be notified m writing ofmv removal or trade-in ofErnuomeat before full oavmmt is made to Lessor or assmme Equipment Location Complete only if Eonipment will not be located at Renter's address shwa above. Address City State Zip EQUU`MISNi COST - TERM - PAIVENTS I LEASE TERM 4 Annual payments (includes interest, see Section 5.02). 1 PAYhIIENTS I S14 656.00 upon acceptance and 514,656.00 Annual thereafter as provided in the Pas meot Schedule. I TOTAL AMOUNT FINANCED 1552.770.00 - Includes nu sales fax, a0 addition.] taxes will be the sok rnpoosfb l ty of Lessee. I PURCHASE OPTION AMOLTTI I Purchase Option is SL00 after timeh- mil®st an navmeim. iImS ACdtIrf b Sinitt Cr TO THE TERMS A WrAt1170M PgIhTtD ON IlibR)tWWING PArIES, WHICH YEPJa ARE MADE A PARI MBW TERMS AND CONDITIONS Lessor hereby leases the equipment to LesAm for the following purposes and upon the following terms and conditions: ARTICLE I: COVENANTS OF LESSEE. Lessee represm6, counts and warrants, for the benefit of Lessor and its asugpee(s), as follows: A Lessee is a public bodycorporate and pdmc, duty orgmizM and existing under the Commotion and laws of the State as set forth above ('Slate) and will do m cause to be done all things necessary to preserve and keep in full force and effect As existence as a body coipomte and politic. B. Lessee has been duly authorized to execute, deliver, and perform this Agreement undo the Constmmon and laws of the State and under the terms and provisions of the nn*hmm of its governing bodyor by other appropriate official approval. Lessee further reprsents, covenants and warnuts that all requirements have been met. and procedures have occurred in order to canoe die enforceability of this Agreement, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the aapuram nby Lessee of the Equipment hereunder. If requested, Lessee shall deliver to Lessor an opinion of Lessees counsel in form acceptable to Lssor certifying that all requirements of state law or m mcgral code or radiance have been complied with_ C During the tem of tiffs Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more governmental m Proprietary fimctimc of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person a entity other than the Lessee D. During the period ins Agreement is in force. Lessee will annually provide Lee or its assigrc(s) with proof of appropriation of finds in the amort budges for the lease payments and other obligations of Lessee order this Agreement (or a copy of the complete budget if so requested by Lessor or its assignees), and goof of appropriation fur the em umg fiscal year when such appgniman has been approved by the Lessee's gweming body. Lssee fuctha agrees to make its hest effort to budget for and have apprpriated for each budget md/or appropriatiun cycle, sufficient fiords to make the Lease Purchase Payments throughout the entire Lease Tem E The Egmpmern will have a useful life in the hands of the Lessee that is substantially in excess of the Ongmal Tem plus my Renewal Terms_ F The Egmpment is, and shall remain during the period this Agreement is in face, personal property and when abject to vee by Lessee under this Agreement will not be or become a fixture under applicable law. G. This Agreement, and all of its Amendments and Addmdums, including the Detailed Equipment Description, supersedes and replaces Buy and all represenlatiaa or wmmties made by Lessor ce Vendor prior to execution of the Agreement._ H The Equipment described above is NOT BEING LEASED ON ANY TYPE OR FORM OF A TRIAL OR RENTAL BASIS. I Lessee will comply with all applcabk pmvismw of the Internal Revenue Code of 1986 (the -Code-), including without hommon Sections 103 and 148 thereof, and the applicable regulations of the U.S. Treasury Department in order to mumlain the exclusion of the interest component of Lease Purchase Payments from gross income for the puPoaes of U.S. federal income taxation D. Lessee will use the proceeds of this Agsmmt as soon m practicable, and with all reasonable dispatch, for the purpose for which this Agreement has leen entered into No pais of the proceeds of this Agreement shag be invested in any smuri is, obligations or other investments mused, at my time, directly or mdnevdyin a mane, which if such ere had been reasonably anticipated m the date of issuance of this Agreement, world have caused my portion of the Agreement to be or became *arbitrage bonds' within the meaning of Section 103(b)(2) or Section 148 of the Code, as amended, and the applicable regulations of the U S. Treasury Lepmaaent. K Lessee hereby designates the Agreement as a "goal led tax-rssempt oblgown- as defined in Section 265(6x3) (B) of the Code The aggregate face emwnt of all lax -exempt obligations (excluding private activity bonds other Iran qualified 501(c)(3) bads) issued, or to be issued by Lessee and all sobon irate mans thereof during the calendar year of caomencement of flus Agremmt (tae "ismmce Year ) is not reasonably expected to exceed 510,000,000.00 Lessee and all srbordmate entities thereof will not issue in excess of $10,000,E 00 of qualified tax-exempt obligations (melding this Agreement but excluding private activity bonds other than qualified 501(cx3) during the issuance Year without fico obtaining an opinion of nationally recogmzed counsel in the area of tax- exempt obligations acceptable to Lssor that the designation of this Agreement as a "qualified tax-exempt obligation" win not be adversely affected_ (Omit and initial this paragraph if it is out applicable.) L Lessee reprsents and tearmms that it is a governmental unit under the bras of the Sate with general taxing powers, this Agreement u not a private activity bond as defined in Section 141 of the Code, as amended 95% or nae of the net proceeds of this Ageement will be aced for local gover menial activities of Lessee and the aggregate face ammmt of all tart obligations (other than private activity bonds) issued_ a t be issued by rue I ssee avd all nrbnemehrutr enenec therrof d.>raro tM Icaranm Year i�.w rray.rahh "Lease Term" means the Original Term defined in Amcle III hereof and a mf6aent number of automatic renewal Term as will equal the Lease Term set forth on the face of this Agreement "Lessor" mems () the entity desgoarrd on the face of this Agreement as Lessor hemmder,ii) CommnVonts otherwise, any assi ( any surviving- rrsdting or taysferee crnprnatiov and (in) except where the gmee(s)ofLessor. "Buy-oaf After Payment Amount" means the amount of the payments for the balance of the entire Lease Term (assuming no early terminatiur, for nm-appropriation or other cause) plus the Purchase Option Amount shown above. if any. discounted to the date ofpaymemt at the rate equal to the rate paid no, United States Treasury obligations having a similar term as of the date of onginal acceptance of the Equipment by the Lessee - plus payment of my Motors due hereunder but not yet paid together with intes'est on such overdue amomts at ten percent (100/9) per aunum through the date of payment "Renewal Terms)" means the automatic renewal periods of this Agreement, each having a ch mm of one (1) year co-termrsuss with Lessee s fiscal year accept that last of such periods which shall end m the anniversary of the Commencement Date. The tennis and conditions doming anv Renewal Term shall be the same as the terms and eondmous during the Original TemL except that the Lease Pmchase Payments shall be as provided in the attached Payment Schedule. "Vendor" means the Vendor identified on page 1 of this Agreement and the manufacucas of my of the Equipment as well as the agents or dealers of the manrfactmens from whom Lessor pu rc ascd oris purchasing the Equipment. ARTICLE III: COMAIENCESIENT OF LEASE TER.NL The Original Term of this Agreement shall commence m the dam the Equipnsnt is accepted by Lessee as indicated on the Certificate of Accepauce f`Comntememmt Date) and shall terminate the last day of Lessee's current fiscal year For the dinumm of the Lease Tam this Agettment will be automatically renewed at the end of the Ongpmi Term and my Renewal Term unless the Lessee exercises an Early Option to Purchase under Article X or Section 5.05 applies. If Lessee fails to accept the Equipment conforming to Lessee's purchase order within a reasonable time after its delivery (not in atceed inn (10) days) then at the option ofLesaor, die obligations of Lessor to provide Equipment to Lessee hens ndra may be cancelled and in such event Lessee shall assn, all of Lessor's obligations oder my purchase order or purchase agreement with the Vendmmlawd to the Equq m m lieu ofm obhgaum to mate Lease Purchase Payments. Further, m such Case, Lessee agrees to indemnify and hold Lessor harmless fiom my chums. including demand fur payment of the purchase price of the Equgnment. ARTICLE IV: INSPECTION. Lessor and any assignee of Lessor's tight under this Agreement shall have the right at all reasonable times and upon reasonable notice during business 110013 to enter roto and upon the property of Lessee for the propose of inspecting the Equipment ARTICLEV; LEASE PURCHASE PAY.WN15. Section 5.01 Lease Purchase Pty tsdo Cunstimte a Current Em f l e sen Lessor and Lessee undasp and mtend that the obligation of Lessee to pay Lease Purchase Payments herermder shall cosimc a current expense of Lease and shall not in my way be construed to be a debt of Lessee in contravention of any applicable constitutional or senutory limitations m requirements Conrening the creation of indebtedness by Lesser. nor shall anything curtained hereon constitute a pledge of the genal tax resencrs, finds or courses of Lessee- Section 5.02 Pavnnwt of 1. vase Purchase Payments. lessee shall pay Lease Purchase payments, exclusively from legally available fimds, in lawful money of the United States of America to Lessor or, in the event of assignment by Lessor, to its assignee, m the ammmts and m the dates set forth in the Payment Schedule attached to this Agreement. A portion of each Lease Purchase Payment a as, and mtermt and principal, respectively- The Payment Schedule sees forth the interest c y� P each Pays payment of. Lease Term t and principal component of each Payment ducting the Section 5.03 Lease Purchase Payments to be Unconditional. Subject to Section 5.05, the obligation of Lessee to make payments of lease Purchase Payments and other payments required under this Agreement shall be absolute and unconditional in all events and are mtended by the parties to be "net" ofpasvoal property and Wes taxes and immance- Lessee shall make all such payments when due and shall not withhold ray such payme ms as a result Of my disputes an-mg between or among Lessee and Lessor, my Vender or my other person, nor shall Lessee have the right to assert any srt-off reduction or deduction defense, or counterclaim against its obligation to make such Mineola or be entitled to my statement of such payments as a result of accident or unforeseen circumstances or any other reason Section 5.04 Continuation of Lease Term by L Lessee intends to renew this Agreement through all of the Renewal Tams and to pay all the Lease Purchase Payments herander. Lessee reasonably bekevts that legally available funds of minimum sufficient o make aR Lease Purchase Payments dmng the Ongmsl Term and each Renewal Term can be obtained. Lessee finther intends to do all things lawful within its power to obom and nommen funds from which Lease Purchase Payments may be wade, including making provisim for such payments in the extent necessary in each bi-annual, annual, or otherwise periodic budget submitted and adopted in accordance with applicable provisions of state and local lawto have such portim of the budget approved and to exhaust all available reviews and appeals in the went such portion of the budget is not approved. Sectio" 505 Nm-21Mr0nriatio1in the event sufficient fmds shall not be appropriated for the payment of the Lease purchase Payments required to be paid in the next occurring Renewal Term then Lessee may terminate this Agreement at the end of the Original Tem or then c,nent Renewal Term and Lessee shall not be obligated to make payment of the Lease Purchase Payments provided for in this Agreement beyond the Original Tam orthe then ,.rent Renewal Term Lessee agrees o delna o lesser notitt ofmm-appropriation rrjxtim adreviews, and rejection of appeals within five (5) bossiness days after each such even. if this Agreement is terminated under this Section 5.05, Lessee agrees. at Lessee's cost mod expense, to peaceably deliver the Fgmpmem Or Lessor at the location specified by Lessor that rs a reasonable distance from the initial location of the leased Egmpment. Sectio" 5.061.te Payment Chae,w- If any Lease Purchase Payment is not made when due m within 10 days after its doe date, lessee shall pay an additional late payment charge of yah Of the amount of the late payment ARTICLE 1r": TITLE TO EQUTPIIENT; SECURITY INTEREST. Section 6.01 Title to the Emumcneut. During the tem of this Agreement, risk of loss and title to the repair, replacements or modifications shall vest in Lessee, ect o the rights of Lessor under this Equipment and any and f addmoral subl gh Agreement 10 the went of default as ser forth in Section 12 01 or ..... ...... as set forth in Section 5.05, title in the Equipment shall immednately vest in Lessor, and Lessee will. upon Lessor's request, surrender possession of the Erpupmmt to Lessor. - Section 6.02 Secruity '411121321--TO secure the payment of all Lessee's obligations under this Agreement, Iessee grunts Lessor a frstpnonty purchase money security interest in the Eclaipmmt and on all additions, attachments, accessions and substitutions thereto, and on my proceeds there fiom Lessee agrees to execute and anther Lessor to execute and Pak our Lessee's behalf such additional documents, including a UCC-1 financing stamtnent m the f ximiNuired for fltog. and such Other fmaocmg satemmts. certificates of title, affidavits- mti� and similar mstnments, satisfact ry to lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest, and upon assigmoent the security interest of my assigam of lessor, en the Equipmuent. ARTICLE XIII: NIAIN'TENANCE; %ODIFTCATION; TAXES; AND INSURANCE. Section 7.0111aintemace of Em®went ley I Ow T ..sir agrees that at all times during the Lease Tesco, Lessee will at Lessee's own cost and expense, mamann preserve and keep, the Egurpment m good repair, wm mcg order and condition and w.0 fiom time o Cine ®lie orcause to be made all necessary and proper repairs, replacements and modifications. If appropriate, Lessee will enter mo a mama mce contract for the Equipment with Vendor m such other firm as Lessee may choose subject to the repress wnrom approval of Lessor, which approval shall not be unreasonably withheld Section 7.02 Tares. Other Gocernnental Charses and Utility Charas. The parties to this Agreement cmtempla a that the Equipment will be used for governmental or propriety purpose of Lessee and, drerefore. the Equipment will be ex®pt from all axes presently assessed and levied With respect o personal property In the event the owners tip, use, possession or acquisition or the Equipment is found to be subject to taxation in any farm (eacept for mcome taxes payable by Lessers) Lessee will pay, as the same respectively come due, all totes and govemmenal charges of myk.d whatsoever that may at my time belawfi0v assessed or levied a¢ni m with resvect o the Euuiomen[. If such ax is imnosed hrecth, Section 7.03 lusurance. At its awn expense Lessor shall muse casualty- PUBLIC LIABILITY AND PROPERTY DAMAGE announce to be carried and maintained or shall demaamate to Lessoi s satisfaction that adequate self-insurance is provided with respect to the Equipment. sufficient to protect the full replacement value (new) of the Equipment m the the applicable Buy -Out After Payment Amomt whichever is grater, and to Protect Lessor from any lability related to the Equipment in all events_ All insurance proceeds from casualty losses shall be payable as provided in Article VIII hereof Lessee shall pay all deductibles and shall furnish to Lessor, or to its Assigns, Certificates evidencing such coverage throughout the Lease Temr Altemaavely. Lessee may unsure, the Equipment under a blanket insurance policy or policies, which cover not only the Equipment but also other properties. If Lessee shall insure similar properties by self-insurance- Lessee will insane the Equipment by means of an adequate mrsumie fiord All insurance shall name Lessee and Lessor as unsaved -s. and loss payees as their respective interests may appear and shall provide for at last ton (10) days poor written notice by the mderwnter or insurance company to the Lessor and its assigns in the event of cancellation or expimtim ARTICLE VIII: DA:IIAGE; DESTRUCTION AND CONDEMNATION; PROCEEDS - Section 8.01 Damaee, Destruction and Condemnation. Lessee is responsible for any theft of destruction of: or damage to. the Equipment. whether insured or not (`'Loss) The proceeds of any tomes c,e claim applicable to the Equipment, ager deducting all expenses (cocludng attorney fees) incurred in the collection of such claim or reward CNet Proceeds'), shall be applied as set torth in Section 8 02. Section 8-02 Annlication of Net Proceeds. In the event of a lass to the Equipment which is not deemed w be a total loss, Lessee shall cause the repair, replacemmt or restoration of the Equrpmmt and pay the cost thereof and shall apply the net proceeds of any assurance claims m the Equipment to such cost, Prowled, however, that if Lessee is then in default no. Sue payments due under this Agreement, the net proceeds shall be applied as if total deswctim ordamage has occurred. In the event of total destruction or damage to the Equipment, whether or not Ie ism default, at Lessors option [Lessee shall pay to Lessor m the Lease Purchase Payment due date nett succeeding the date of such loss the amount Of the Buy -Ont after Payment Amount applicable to such date. plus the Lease Purchase Payment due on such date, plus any other amount nt payable by Lessee heramder, and upon payment in hill of such annoumt:, the Lease Term shall rerrm>mare and Lx sror's security interest in the Equipment shall terminate Lessee shall retain Net Proceeds an excess of dee than applicable Buy -Out after Payrnew Amount, if any. Lessee agrees that if the Net Proceeds are msuf&im to pay in hill Lessee's obligations hereunder, Lessee shall make such payments to extort of my deficiency ARTICLE IX: DISCLAIIIIER OR WARRA-NT ES; VENMWS WARRANTIES; USE Section 9.01 Disclaimer of Wi rantiea LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO TETE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR ANY OTHER WARRANTY WITH RESPECT THERETO_ IN NO EVENT SHALT. LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT. SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR LESSEE'S USE OF THE EQUIPMENT OR ANY ITEM THEREOF OR SERVICES PROVIDED FOR INTHIS AGREEMENT, OR ANY SERVICES PROVIDED BY VENDOR Any transfer of the Equipment to the Lessee shall be made d¢cla , all acXm �d implied warranties from Lesser and m assigns. Scclion 9.02 Vendor's Warranties. Lessor bereby irrevocably appoints Lessee its agent and attorney -m -fact throng the Lease Tem so, Ing as LesseeshaUwtbemdeflufthermndff,wassertfivmtimewfimewhatnwclm and rights, including waaamies of the Equipment. which Lessor may have against the Vendor and/or mmnfactuter of the Equipment Lessee's sole remedy for the breach of any such warranty, mdmmm(icatim or representation shall be against the Vendor and/or ma®Gcturer or the Equipment Lessee expressly acimowdedges that Lessor makes, and has made no representation or warranties whatsoever as to the existence or availability or enforceability of such warranties of the Vendor or Section 9.03 Use of the Louisianian. Lessee will not install, use, operate or maintain the Equipment ®properly, carelessly, in violation any applicable law or m a roamer contrary to that contemplated by this Agreement Lessee shall providea all pnties and licenses- dairy, necessary for the installation and operation of the Equipment, In addition. lessee agrees to comply in all respects (including, without 1®itatiou. with respect to the use, maintenance and operation of each item of the Equipment) with all yaws of thejamsdimoass in which its operations mwhving an item of Equipment may extend and my legislative- executive, admmishative orjudicial body exerasmg my power or jamsdictim over the items of the Equipment provided howeser, that Lessee may contest in good faith the validity or application of my such law or rule in my reasonable manner which does not, in due opinion of Lesser, adversely affect the estate of Lessor an and to any of the items of the Equipment or its anti est or rights ander this Agreement . Lessee agrees that no more than 10% of the use ofthe Egmpmmt in my month will be by persons or entities ober than the Lessee or its employees on matters relating to such employment, and no move than 5% of the use of the Equipment in any month will be unrelated to use by or for the Lessee. Lessee further agrees that no management contracts will be entered into with respect to the use of the Equipment unless: (a) at least half of the compensation is m a periodic, foxed fee basis, (b) no compensation is based on a share of net profits. (c) the Lessee is able to tern mate the counter without penalties at the end of my three years- and (d) the total te® of such contract, including any renewals does not exceed five years. ARTICLE M EARLY OPTION TO PURCHASE. Provided Lessee is not in defaadt hereunder. Lessee tory, upon giving Iessor not less than duty (30) days prior written notice, elect to purchase all. Mut out less than all- of the Equipment at the end of each mouth, or Payment due date as established by the Commencement Date, for the Buy - Out After Payment Amount_ Upon exercise of this early option to prchase, Lessee shall pay these armou6 to Lessor or its as ugms on demand. As a condition precedent to exercisng this early option to purchase. Lessee shall deliver to Lessor and its assigns a termination of my maintenance funding or disbursing obligations related to thus Agrmuamt. ARTICLE XI: ASSIGNMENT; SUBLEASING; AND ADDITIONAL COVENANTS. Section 11.01 Assi,osent bT Lessor, This Agaeemmt, and the rights to receive the payments to be made hereunder, may be assigned by Lessor and reassigned in whole or in part to me of more assignees at any time subsequent to the execution of this Agreement without obtaining the consent of Lessee. Lessor agrees to give notice of assignment and upon recap of such notice Lessee agrees to make all payments to the assignee designated in the notice of assignment, notwithstanding my claim, defense, setoff or counterclaim whatsoever (whether acting from a breach of this Agreement or otherwise) that Lease, may from time to time have against Lessor, or the assignee. Lessee agrees to execute all documents, including ounces of assignment and chattel mortgages or financing statements that may be rens cotbiy requested and provided by Lessor or is assignee in order to protect then ante in the Equipment and in this Agreement. Time Lessor's tiniest in this Agreement may not be assigned or reassigned in whole or in part ohs (i) the document by which such assignment a made discloses the name and address of the assignee and Cni) the Lessee receives written notification of the name and address of the assignee. The Lessee covenants and agrees with the Lessor and each subsequent assignee of Lessor to maintain for the fall term of this Agreement a complete and accurate written record of each such assignment and r w gmmt in form necessary to comply with Section 149(e) of the Internal Rt Terme Code of 19M as amended. and the regulations proposed or msting trout time to time promulgated hereunder Anything in the foregoing apparently to the contrary notwithstanding, die Lessor's interest in this Agement maybe assigned in whole oras pan upon terms which provide in of Tint that the assignee Will act as a collection and paying agent for holders ofeertificates of participation in this Agreement, provided the Lessee receives written ratification of the name and address of such collecnm and paying agent, and such collection and paying agent cuveramts and agrees to mamtam for the full returning tem of this Agremmt a written record of each assignment and reassignment of such certificates ofpaviapatioa Sect -can 11.02 No Sale. As '4nment or ubleasi : by LessmThis Agreement and the interest of Lessee in the Equipment may nes be sold assigned or encumbered by Lessee without the pnor written consent of Lessor. Section 11.03 Additional Covenaum Lessee shall protect and hold harmless Lessor from and against my and all liability, claims, demands, losses and damages among out of w as a result of the entering into of this Agreemem, the ownersbip or use of the Equipment Pusan to this Agreement, or the obligations of Lessee under tris Agement, except such lability, claims, demands. losses and damages caused by Lessor m its assigns. Such liability, claims, demands, losses and damages shall include, wither limitation, counsel fees and expenses, penalties and interest, D. Commencement by Lessee of a case m proceeding under the Federal bankruptcy laws of filing by Lessee of any petition or answer, seeking reorganization, artangement. composition, readjusttneN, ligadmort or similar velief under any existing or future bankruptcy, msohxney or other similar law or m answer admitting % not contesting the material allegations of a petition filed against Lessee in any such proceeding; or E. A petition against Lessee in a proceeding under my existing or Comae bankruptcy, insolvency or other similar law shall be filed and not withdrawn or dismissed within thirty (30) days thereafter. Section 12.02 Reunedies on DP a t. Upon the mcurrence of an event ofdefmlt Lessor shall have the right at its sole option without mr, further demand or notice, to exercise my one or more of the fallowing remedies: A, By written notice to Lessee. Lessor may declare all payments and other amounts payable by Lessee beramder to the end of the then current Original Tem or Renewal Term to be due; B- With or without remanding this Agreement, retake possession of the Equipment and sell, lease m sublease the Equipment with the net proceeds ihneofw be applied as provided herei¢ C. Require Lessee at Lessee's risk and expense to promptly return the Equupmem in the matter and m the condition set forth in Section 13.10 hereof' D. Tf Lessee ref res to return the Equipment for any reason the Equipment shall be deemed a total loss and Lessee shall pay to Lessor the Buy -Out after Payment Amount E- Take whatever other action ai law or in equity that may appear necessary or desirable to enforce its rights as the owner of the Equ"m ,, and F. The proceeds of such sale, lease or sublease or the Egurpnunt pursvmt to Section 12 02(B) shall be applied in the following order: 1) to all expenses of Lessor m e ming its remedies umder Pons Agreement, mcladmg without hmitatim all expanses of ukmg possessioq dosing, reconditions and selhug, leasing or subleasing of the Equipment and all brokerage, auctioneer's and attorney's fees 2) the applicable Buy -Om After $yment Amoemt 3) all unpaid Lease Purchase Payments and other amounts payable by Lessee hereunder to the end of the then currant Original Tam or Renewal Tem and 4) the balance to the Lessee unless Lessee shall so waive such paymeat, If the proceeds of such sale, lease or sublease shall be ensuBruent to pay all of items 1), 2), and 3), Lessee shall remain liable fix my deficiency as to item 3), but will not remain liable for any deficiency as to aeons 1) and 2) in this Section F. Section 12.03 No Remedy Fxclalivx. No remedy hereia conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or muissim to exercise my right or power accruing upon my default shall unpac my such right or- power or shall be construed to be a waiver Poneof but my such right and power may be erscised firm time to true and as often as may be deemed expedient ARTICLE XM: NLSCELLA.N-EOUS. Salina 13-01 Null, s All notices. certifications or other commrmoxtians hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid to the parties, or their permitted assignees, at thea respective addresses. Section, 13.02 Biadine Effect. Subject to the limidtiom on assignment this Agreement shall mune to the benefit of and shall be honking upon Lessor and Lessee and their respective successors and asugas. aSeetina 13.03 Seyerabilih- latemst Limitations In the ervvt any court of competem jurisdiction sail hold anyprovium of this Agreement mcd d on, unenforceable, such holding shall out invalidate or reader unenforceable my otber provision hereof Lessee will not be required to pay and Lessor wi6 not be permitted to collect my amount m excess ofthe maxim®amnmt of interest permitted by law ('Excess Infest-). Many Excess Interest is provided fir or determined to have been provided far under this Agreement then: (A) this subsection sac govern and control: (B) Lessee will not be obligated to pay any Excess lnterest (C) my Excess Interest that Lessor may have recnved hereunder shall be at Lessor's option (1) applied as a credit against the outstanding lease payment obligations (not to exceed the maximum amount permitted by law), (2) refunded to Lessee, or (3) my combination of the foregoing', (D) my interest rate(s) provided for hereto shall be automatically reduced to the manmuan lawful rate allowed under applicable law, and this Agreement shall be deemed to have been. and shall be. reformed and modified to reflect such retluchm and (E) Lessee will not have my action against Lessor fm my damages arising out of the payment or collection of any Excess Interest Section 13.04 Advances. In the event Lessee fails to pay nay amounts due hereunder or to perform any of i6 obligations under this Agreement Lessr may at its option pry such amours or perform such obligation, and Lessee sha➢reimburse Lessor the amort of such payment orcost of performance upon demand together with interest at the rate of eighteen percent (180/9) per annum or the toghest rate permitted by law, wbichcver is les_ $ertioo 13.05 Fs'-fiov iv CnontetYrh. This Agreement may be exekvd m temultiple counterparts, all of which shall condmor me and the same insn ment The coumapert bearing L.essor's signature shall crostitote the sole chattel paper original of this Agreement Section 13.06 Amfieable Law. This Agreement call be governed by and construed in accordance with the laws of the Stade of the Lessee. Section 13.07 Cautions. The captions or headings in this Agreement are for convenience only and m no way define, limit es describe the scope orinteat -17—Y prrntsions or sections fthis Ageeinent. Sectiou 13.08 Entire Aereement, This Agreement together with my Amendments or Addendums and mehxhug (i) the DebiledFgmpmem Desmpum awed hereto. (a) the Acceptance Certificate executed by Lessee, (m) the payment Schedule annexed hereto. (iv) the Incumbency Certificate of Lessee (v) my documents evidencing lessor's security interest under the Uniform Commenial Code, and (vi.) the Conoco, of Lessee's legal Counsel const ^^- the arae agreement between lessor and Lessee and may not be amended, alraed or modified except by written insmment signed by Lessor and Lessee. The execution of such writing by Lesson's assignee shall be sufficient far such purposes if Lessor has assigned this Agreement. There are on mdnsmndings, agreements, representations or semantics_ .7. or nap ori not specified herein regarding this Agreement or the Equipment leased hereunder Any terms and conditions of any purchase oder or other document (with the exception of Supplements) submitted by Leasee in counection with this Agreement which are in addition to w inconsistent with the teres and conditions of this Agrenneirt will not be binding on Lessor and will not apply. lion 13.09 Fimw:p Ixasp. The parties intend that the Lessor shall have all benefits of a lessor under a tmance lease under the uniform convaacial code_ Lessor did not select mamnfmmm. or supply the leased property and only acquired it (or the right to use such lease property) in connectionwith this Agreement_ Lessee wives my and all rights and remedies Lessee may have ander the UCC 2A-508 through 2A-512. mchding auv right to: (a) mvke aco qp c of the Egmpmmt (b) ¢cover damages for any breacb of wane y. and (c) make deductions orset- offs. for my reason finin amormts due Lessor ori� assigns under Pols Agreement If any partof this Agreement is tutcomadcut with UCC 2A, the terns of this Agreement will govern �eca 13.10 Reiner of Eeui.Ume - Upon terminationofthe Agreement for my reason (except purchase by the Lessee). at the optim of Lessor. (i) at its sole cost and expense, Lessee will immediately retum, the Equipment to Lessor in accordance with the provisions of Pols section, or (it) lessor shall transfer ownership of the Equipment to Lessee. If shipped, the Equipment call be packed in accordance with the Vendor's specifications and retorned to Lessor at the location specified by lessor in the Cmtmental United States reasonably close to where a was onginoHy delivered, m the same conditionas when accepted, ordmany wear and tear excepted. Such shipment shall be f o b- ded uamonm Lessee shall bear all costs associated with such packing and shgTmg and the risk ofloss shall not pass to lessor until the Equipment has been received by it. LNSURANCE COVERAGE REQUIREMENTS In accordance with this Agreement either 1. We bme instructed the following msuvuwce agent: City Cotnay Insepmcc Service 1212 Cow St leen OR 97301 541-772- CUSTOMER Date:�/Date:l(� �.� :!/Mp %�"' (Authorized Official) - Kristiw Allison - ChUr -- — - ESSENT IAL USE/SOURCE OF FUNDS LETTER Ladies/Gendemam This confirms and affirms that the Equipment described so this Ageemeut is else tual w the fimction of the undersigned or to the service we ptoside to our citizens. Further, we have an unmediate need forand expect to make unme&ate use of substantially all such Equipmrm which need is not temporary Or expected to dummsh m the foseseeable future. Such Equipme u will be used by us only for the purpose of perfammg one m mme of as govemmmtal m prop ietwy fractions ttmsisu, t with the pemvssible scope ofour authonty. Specifically. such E4uaiPmeut was selected by us to be used as follows_ Pam] The estimated useful life of such Equipment based upon somufarhae,'s icpreseamnons and our ptojetad needs is fm at least ver years- Ouf solace of funds fm payments of the mt due tmdet the Ageement fm the current fiscal year is Cuarentlpioposed budget. We expect and anticipate adequate ftmd, to be available fm all fume Lease purchase payments due after the current fiscal year for the following ieasons Ru4.cted Item CUSTOMER / Date: �� �%�• (Authorized OQeiaQ Allis. ACCEPTED BY LESSOR: Auto L.iiiiu, Soetial 4r / B.: Name: Edward L Anderson Title: Owues :see acknowledges ending and teceivuig a copy ofthis Agyeemenl. The tndmWrd affirms that Am has bees dWy atahmimi to euoae dm Agree1®t On behalf ofdr abuse-survrd I:carr. pmdmg On the jmudama, Ons any be the )Slut elected Official ESSEE: City of Cen t, Name: Kristine Allison Title: Chief / Date: //R/� Attested Name and Title ofAtMhe: J SEAUNOTARY OFFICIAL STAMP DONNA V BEYER NOTARY PUBUC•OREGON COMMISSION NO. 931135 W CONN&4ON EffU AUGUST 12, 2016 AUTO LEASING SPECIALISTS, LLC 402-315-3792 Municipal Lease Program Number: 2686 Lessee: City of Central Point, OR Vendor: See Exhibit B Equipment: One (1) 2016 Ford Interceptor PI Utility SUV and One (1) 2016 Dodge Ram 1500 as more thoroughly described in Exhibit A to this Agreement. * If an early buy-out is ire please conta Auto Leasing Specialists. LLC at 402-315-3792 Accepted by: Printed Name: Kristine Allison Tide: / Chief Date Accepted: Payment Schedule Payment # I Dare I Payment I Interest I Principal I 1 4/15/2016 I $14,656.00 I 0.00 I $14,656.00 I 2 I 4/15/2017 I $14,656.00 I $2,858.17 I $11,797.83 3 4/15/2018 I $14,656.00 I $1973.45 I $12,682.55 4 I 4/15/2019 I $14,656.00 I $1,022.38 I $13,633.62 Page 1 of 2 "EXHIBIT A" DETAILED EQUIPMENT DESCRIPTION AMENDMENT MUNICIPAL VEHICLE LEASE AND OPTION AGREEMENT NO. 2686 AUTO LEASING SPECIALISTS, LLC (-LESSOR') CITY OF CENTRAL POINT. OR (-LESSEE') The parties to the Agreement identified above have agreed to the following additions, deletions and/or modifications. To the extent that the provisions of this Amendment conflict with, modify, Of supplement the terms of the Agreement, the provisions contained in this Amendment shall prevail and control. The other terms and provisions of the Agreement shall continue to be affective. This Amendment shall be a part of the Agreement and is hereby incorporated therein. The description of the Equipment in the Agreement is amended and restated to include the following specifically described equipment for one (1) 2016 Ford Interceptor PI Utility SUV,IFM5K8AR5GGA37585 and one (1) 2016 Dodge Ram 1500, 1C6RR7FG6GS142823 : ----xa�r POLSCB r=aR 13TXZIT4 AND spXCIAM, av zsR ACCOM" Anus -M 2016 WODSI„ TZAR G1 SON BLACX 9/I IMONY CLOTH PRT/vImyL ROAR TWULVDHD oP T@S VwzXC2_4 SQUIPMIchiT URQQP 500A .PItxbrr-FK sI31OL8 CD 1f/ Mp3 99R _3.7L V6 T1VCT CNr3Zni; 44C _ 6-SpSZD &=M TR.AMs7:CSS10W 53K SYNC VOICE ACTIVATID3 SYSrAS 153 PROWZ LIC8r73S pLATg BBACRgr 17T CARGO DOME IjL"p -R /WHITE 2Bw REAR DOOR pOWE t WINDOW D6LMTE 422 CALIFORNIA 9S,&j:0VS SYSTRr 43D COURTESY LAMP DISABLE SIT GPO? LAPP Lid? DR - WHEr.M S49 POWIM xXpR0,R/8P0T _%K/HBIATSD 595 RMICTR RETLg$g ENTRY w/o PAI} 66A' PRONE HBADIJUCP LTGE•" SOLUTION 87R R -WIRx V139W i IR3tORW/2jL%R cZaACanA SPCL. DLR_ ACCT. ADJ. CR. I PAge 2 of 2 "EXHIBIT A" DETAILED EQUIPMENT DESCRIPTION AMENDMENT MUNICIPAL VEHICLE LEASE AND OPTION AGREEMENT NO. 2686 AUTO LEASING SPECIALISTS, LLC ("LESSOR') CITY OF CENTRAL POINT. OR ("LESSEE') BODY g EOUIP. DESCRIPTION DS6I.41 RAM 1500 ST QUAD CAB 4X4 PWS Bright White Clear Coat Paint V9X8 Cloth 40/20/40 Bench Seat AED Chrome Appearance Group AJY Popular Equipment Group DFL 6-Spd Auto 845RE Trans DSA Anti -Spin Differential Rear Axle ERB 3.6 -Liter V6 24 -Valve VVT Engine NFX 32 -Gallon Fuel Tank RA2 Uconnect 5.0 XAC ParkView Rear Back -Up Camera XKN Flex Fuel Vehicle YGE 5 Additional Gallons of Gas 2TB Customer Preferred Package 2TB 22B Customer Preferred Package 22B 331 DESTINATION CHARGE HB10930o LESSOR: Auto Leasing Specialists, LLC By Edward L Anderson - Owner LESSEE: XiW of Central Point, OR Date: Date: Printed Name: Kristine Allison Title: Chief Page 1 of 1 "EXHIBIT B" DETAILED EQUIPMENT DESCRIPTION AMENDMENT MUNICIPAL VEHICLE RENTAL AGREEMENT NO. 2686 AUTO LEASING SPECIALISTS, LLC ("OWNER'S CITY OF CENTRAL POINT_ OR, ("LESSEE-) The parties to the Agreement identified above have agreed to the following additions, deletions and/or modifications. To the extent that the provisions of this Amendment conflict with, modify, or supplement the terms of the Agreement, the provisions contained in this Amendment shall prevail and control. The other terms and provisions of the Agreement shall continue to be affective. This Amendment shall be a part of the Agreement and is hereby incorporated therein. The following two (2) vendors have collaborated to create the following vehicles for one (1) 2016 Ford Interceptor, IFM5K8AR5GGA37585 and one (1) 2016 Dodge Ram 1500, 1C6RR7FG6GS142823: L Withnell Dodge 2850 Commercial SE Salem, OR 97302 2. Power Ford/Lincoln P.O. Box 360 Newport, OR 9736' OWNER: Auto Leasing Specialists, LLC By: QF /� L�lf4f avt Fd Anderson, Owner RENTER: City Central Point, OR (for): C traI Point Police Department Authorized Sig t rre Date: �J(0 Date: Printed Name: Kristine Allison Title: Chief of Police INCUMBENCY CERTIFICATE W NICIPAL LEASE AND OPTION AGREEMENT NO. 2686 AUTO LEASING SPECIALISTS, LLC ("LESSOR") CITY OF CENTRAL POINT. OR ("LESSEE-) DATED: April 7, 2016 Deanna Casev for the Citv of Cennel Point. OR, hereby certify that: gignatu a of Auth6il ed'Signer Kristine Allison Chief Citv Recorder of the City of Central Point. OR. has been, is. and, until further notice, continues to be duly authorized to execute any and all documents related to the Municipal Lease and Option Agreement No. 2686. for Equipment described therein and that the signature shown is his or her signature. LESSEE: City of Central Point. OR Signature: Date: y ( LL `1(p Printed: Deanna Casev Title: City Recorder Form 8038 -GC (Rev. January 2012) Department of the Treasury Internal Revenue Service Ca � Reportinq Authority 1 Issuer's name -- Information Return for Small Tax -Exempt Governmental Bond Issues, Leases, and Installment Sales ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 ution: If the issue Ionics, of the issue is $100,000 or more, use Form 8038-G. Check box if Amended Return ► ❑ City of Central Point 3 Number and street (or P.O. box 9 mail a not deliv ered to street aad eeg) — -- 140 South Thud Sheet 4 City, town, or post OHlce, state, and ZIP code central Point, Oreton 97502 6 Name and title o(oli or other employee ofrssuer or designated coned person whom the IRS may all for more information 2 Issuer's employer identification number (BN) Room/au4e 5 Report number fFor IRS Use Only) nnn 7 Telephone number afofA or legal represenauw Bev Adams, Finance Director 1 541.423.1023 Description of Oblioations Check one: a single issue 7171 or a consolidated return ❑ . Be Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . . . . 183 I 52,7701 00 b Issue date (single issue) or calendar date (consolidated). Enter date in mm/dd/yyyy format (for example, 01/01/2009) (see instructions)► 9 Amount of the reported obligation(s) on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . ga 52.770 OC b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . . 1 91d I c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . I go I 1 d For leases for other (see instructions) . . . . . . . . . . . . . . . . . . . . . 19d I e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . 19e I f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . 19f I g For bank loans for real property . . . . . . . . . . . . . . . . . . . . . . . 19g I h For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . 1911h I 1 Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . 19i I I j Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) . . 19i I I k Other . . . . . . . . . . . . . 19k I I 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box . ► E] 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) . . . . . . . ► ❑ 12 Vendor's or bank's name: Auto Leasing Specialist, LLC - - - ----1--- — — 13 Vendor's or bank's emolover identification number: identification number: - - — - -- — --- Signature 9 title Panaasm Of penury. I declare that I have a -nerved this return end aMmparrryrg schedules and statements. and to the beat of mJ W"Madge and belief, hey are true. carat. and complete. I further declare Mconsent at I to the IRS's detlovxe d the issuers teum irdomradpro on, as necessary to cess this Mum. tome perennial and plat I have authorized above, Consent � /�l%! , Bev Adams, Finance Director Signature of isxre's authorized represenative Da Type or prim name antl tale PaidI Prnutype preparer's name (Preparers signature I _ Date [cheek ❑ d PTIN Preparer I Firm's — — eelr-empirryed Use Only name ► I Firm's EIN ► Fm's address ► I Phone no General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. What's New The IRS has created a page on IRS.gov for information about the Form 8038 series and its instructions, at www.irs.gov1f0rm8O38. Information about any future developments affecting the Form 8038 series (such as legislation enacted after we release it) will be Posted on that page. Purpose of Form Form 8038 -GC is used by the issuers of tax- exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax-exempt governmental Obligations with Issue prices of less than $100,000 must file Form 8038 -GC. Issuers of a tax-exempt governmental obligation with an issue price of $100,000 or more must file Form 8038-G, Information Return for Tax -Exempt Governmental Obligations. Fling a separate return for a single issue. Issuers have the option to file a separate Form 8038 -GC for any tax-exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax-exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each Issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Fling a consolidated return for muhiple issues. For all tax-exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, if the issue is a construction issue, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Cat. No. 641008 Form ISM -GG fsay.1-2012) UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and baoq CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional) B. SEND ACKNOWLEDGMENT TO: (Name and Address) [Kris Allison, Police Chief City of Central Point 155 South Second Street Central Point, OR 97502 L THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY I. DEBTORS EXACT FULL LEGAL NAME —invert"�dabdr name (ta m tb) - do not abbreviate m wmbine names la. ORGANIZATION'S NAME City of Central Point OR 1 b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME Allison I Kris I A 1c MAILING AOOftE55 Cf1Y STATE POSTAL CODE 140 South Third Street I Central Point I OR 197502 td. EIN TR TI ADOLINFORE ORGANIZAT ION 010DEBTOR 1e TYPE OF ORGANIZATION I If JURISUCTIONOFORGANIZATION 1g.ORGANI2ATIONALIDk.1fany 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insen only ons debtor name (2a or2b) -do not aweviate mcombees names 2a ORGANIZATIONS NAME OR I2b. INDIVIDUAL'S LAST NAME FIRST NAME -- ? -MAILING ADDRESS CITY IMIDDLE NAME ESTATE I MSTAL CODE 2� ADULINFORE 2e. TYPE OF ORGANIZATION '2f. JURISDICTION OF ORGANIZATION I2g.ORGANIZATIONAL lO%.deny ORGA ORGANIZATION DEBTOR 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE OF ASSIGNOR S/P) - insert only gne seanad ben name f3a or 3b) 3a, ORGANIZATION'S NAME OR 3b INDIVIDUAL'S LAST NAME 30. MAILING ADDRESS 4. Ti FINANCING STATEMENT rovers the knl ng wgaleral: FIRST NAME I HOME NAME CITY - I STATE I POSTAL CODE SUFFIX ICOUNTRY USA ❑NONE SUFFIX I COUNTRY ❑NONE SUFFIX COUNTRY 5. NL17 Ai1VE DESIGIUTION 111: ❑ LESSEELEMR ❑ LONSIONEE/CONSIGNOR ❑ BAUESAILCR ❑ SELUF"UYER ❑ AO. LIEN ❑ NCN =FILING 6. ❑ This FINANCING STATEMENT is as be Med Ifor reoordl Ian recorded) in dle REAL ESTATE RECORDS. 17. See IrOtrucTon Debtor(a) Adadl Addend,,, pl aoollradel 8. OPTIONAL FILER REFERENCE DATA 401 FILING OFFICE COPY—NATIONAL UCC FINANCING STATEMENT (FORM UCCI) (REV. 9105) This is fi d copy the original i resolution. City Recorder c RESOLUTION NO. ILA R -LA A RESOLUTION TO ADOPT THE BUDGET; MAKE APPROPRIATIONS AND LEVY TAXES FOR THE BIENNIAL BUDGET PERIOD JULY 1, 2015 THROUGH June 3072017 RECITALS: A. Oregon statute (OILS 244.3z6) requires municipalities to prepare and adopt a financial plan (budget) containing estimates of revenues and expenditures in compliance with Oregon budget laws prior to making expenditures or tax certification. B. No increases were made to the proposed tax levy of the approved budget, nor were any budget estimates increased more than 1o% as limited by law. C. A public hearing was duly held by the City Council of Central Point, Oregon on June u, 2015 for the approved biennial budget in the amount of $42,831,o87. The City of Central Point resolves as follows: To adopt the budget, make appropriations and levy taxes for the biennial budget period beginning July 1, 2015 and ending June 30, 2017. Section 1. Taxes and other receipts of the City of Central Point are hereby appropriated for the purposes set forth below. Fund/Object classification Appropriation General Fund General Fund - Administration 1,493,200 General Fund - City Enhancement 408,000 General Fund - Technical Services 1,134,050 General Fund - Mayor & Council 123,100 General Fund - Finance 1,617,300 General Fund - Parks 1,796,670 General Fund - Recreation 1,109,350 General Fund - Planning 1,126,15o General Fund - Police 8,781,750 General Fund - Interdepartmental 2,280,920 Total General Fund 191870,490 2015/17 Budget Adoption FTE 3.5 0 2.0 0 6.o 4.0 2.0 4.5 31.0 53.0 L Fund/object Classification Appropriation FTE Hiah Tech Crime Fund High Tech Crime Fund - Operations 1o8+525 0 High Tech Crime Fund - Interdepartmental 20,000 0 Total High Tech Crime Fund 128,525 0 Street Fund Street Fund - Operations/Capital Projects 4,206,009 5.0 Street Fund - SDC Capital Projects 960,800 0 Street Fund - Interdepartmental 2.,625,851 0 Total Street Fund 6,792,66o 5.0 Housina_ Fund Housing Fund - Materials & Services o 0 Housing Fund - Interdepartmental 0 0 Total Housing Fund 0 0 Caoital Improvements Fund Capital Improvements Fund - Park Capital Projects 0 0 Capital Improvements Fund - Park SDC Capital Projects 278,900 0 Capital Improvements Fund -Interdepartmental 198,855 0 Total Capital improvements Fund 477,755 0 Reserve Fund Reserve Fund - Capital Projects o 0 Reserve Fund -Interdepartmental 628,85o 0 Total Reserve Fund 628,85o 0 Debt Service Fund Debt Service Fund - Debt Service 1,283,880 0 Debt Service Fund - Ending Balance 37,767 0 Total Debt Service Fund 1,321, 647 0 Buildina Fund Building Fund - Personnel Services 338,020 2.0 Building Fund - Materials & Services 53,900 0 Building Fund - Interdepartmental 181,305 0 Total Building Fund 573,225 2.0 2015{17 Budget Adoption Fund/Object Classification Appropriation FTE Water Fund Water Fund -Operations/Capital Projects 6,371,450 7.0 Water Fund -SDC Water Improvements 150,000 0 Water Fund -Interdepartmental 1,191,545 0 Total Water Fund 7,712,995 7.0 Stormwater Fund Stormwater Fund - OperationsiCapital Projects 1,602,740 2.0 Stormwater Fund - Quality 274,000 0 Stormwater Fund -SDC Capital Projects 113,46o 0 Stormwater Fund -Interdepartmental 704,36o 0 Total Stormwater Fund 2,694,560 2.0 Internal Services Fund Internal Services Fund- Facilities Maintenance 559,500 0 Internal Services Fund- Public Works Administration 1,192,600 5 Internal Services Fund- Fleet Maintenance 762,600 1 Internal Services Fund- Interdepartmental 11S,68o 0 Total Internal Services Fund 2,630,380 6.0 Total All Funds 42,831,o87 75.0 _ Section z. As authorized by law and the Charter of the City of Central Point, Oregon, there is hereby levied upon the taxable property of said city as shown on the tax rolls of Jackson County, Oregon, for fiscal year 2015-17, the rate of $4.47 per Si,000 of assessed valuation for general government purposes, as follows: General Fund Permanent rate limit tax TOTAL LEVY 2015/17 Budget Adoption Subject to Not Subject to Measure c Limits Measure a Limits Total $447 $4.47 X Section 3. The Finance Director is hereby authorized to enter the appropriation for each organizational unit, program, and division of the budget separately on the proper books and records as prescribed by law; and is further directed to certify to the Assessor of Jackson County, Oregon, the levy of taxes of the City of Central Point, Oregon, and to take all other steps with regard to said budget and levy as required by law. Passed by the Council and signed by me in authentication of its passage on June n, 20-15. A City Recorder manna Cas?, MMC 2015/17 Budget Adoption Mayor Hank Williams Pi-RCH1SE ORDER DATE: April 7- 2016 PURCHASE ORDERNO. AGENCY ISSUING PURCHASE ORDER: City of Central Point 14053 d Street Central Point, OR 97502 TO: 1. Withnell Dodge 2850 Commercial 5E Salem, OR 97302 SHIP TO: City of Central Point Police Department 155S.2 M Street Central Point, OR 97502 2. Power Ford/Lincoln PO Box 360 Newport, OR 97365 Qti ANTITY Q1 aNTITYI DESCRIPTION IV RECEED ORDERED 2 16-002 Lease No. 2686 2 Equipment Description: One (1) 2016 Ford Interceptor PI Utility SUV. One (1) 2016 Dodge Rarn 1500 Serial No.: 1FM5K8AR5GGA37585 and 1C6RR7FG6GS142823 Vehicle description more thoroughly described in Exhibit "A" to the Agreement_ APPROVING SIGNATURE r hector ofAW sing) (A orized Personnel) Kristine Allison, Chief of Police TOTAL PRICE Lessee shall make 4 paNqlents consisting of $14.656.00 with 1 advance pa),ment due upon acceptance of equipment, and the balance in 3 Annual payments in the amount of $14,656.00 each NEED SPECIAL BILLE%TG MUNICIPAL CERTMCATE Municipal Lease and Options Agreement. Agreement Number 2686 Auto Leasing Specialists, LLC ("OWNER") City of Central Point_ OR ("LESSEE') Dated: April 7. 2016 L the undersigned. the duly appointed_ qualifying and acting Clerk or Secretary of the aforementioned Lessee. do hereby certify: 1. Lessee did at a regular or special meeting of the governing body of the Lessee held on apb5 , WW by motion duly made seconded and carried. in accordance with all requirement o�law. approve and authorize the execution and delivery of the above -referenced Municipal Rental Lease Agreement (the "Agreement') on its behalf by the following named representative of the Lessee: (OFFICIAL WHO WILL SIGN THE AGREEMENT) Kristine Allison (Printed Name) Chief (Official Title) (S gu`atnre) 2. A true, correct and complete copy of the minutes of the governing body is attached hereto. 3. The above-named representative of the Lessee held at the time of such authonzation and holds at the present time the office set forth above. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such tern is defined in the Agreement) exists at the date hereof. 5. All insurance required by the Agreement is currently maintained by the Lessee. 6. Lessee has in accordance with the requirements of law. fully budgeted and appropriated sufficient fiords for the current budget year to make the Lease Payments scheduled to come dire during the Original Tenn and to meet its other obligations for the Original Tenn (as such terms are defined in the Agreement) and such funds have not been expended for other purposes. IN WITNESS WHEREOF. I hereunto set my hand and the seal of the governing body of the Lessee y and year above written. (Clerk's or Secrefiary's signat6e) e)nta Casev-City itQ�order (Printed name and title) po'N- l 1_L'Zb16 Date ATTORNEYS AT LAW ■ MEDFORD OFFICE 823 Alder Creek Drive Medford, OR 97504 541-772-1977 Fax:541-772-3443 ASHLAND OFFICE 125 N. 2nd Street Ashland OR 97520 541-482-8491 Fax 541-482-9173 office@medfordlaw.net w omedfordlawnet ■ Partners Patrick G. Huycke Daniel B. O'Connor - Darrel R. Jarvis Sydnee B. Dreyer Erik J. Glatte•' Erik C. Larsen Associate Hilary M. Zamudio `Aho admitted in Washington "Also admitted in Idaho April 8, 2016 Auto Leasing Specialists, LLC 4 785 Portland Road, NE Salem, Oregon 97305 Dear Sir or Madam: Sydnee B. Dreyer's Direct E-mail: shd@medrordlaw.aet Sydaee B. Dreyer's Assistant Lasame Penins I have acted as counsel to the city of Central Point, Oregon (the "Lessee") with respect to the Municipal Lease and Option Agreement #2686 dated April 7, 2016 (the "Agreement"), by and between Auto Leasing Specialists, LLC (the "Lessor") and the Lessee for the lease of certain equipment specified therein. After review of the Agreement and appropriate public documents of the Lessee, I am of the opinion that: The Lessee is an existing and validly constituted political subdivision of the State of Oregon (the "State"), invested with the power to levy taxes, to appropriate tax revenues for payment of lease obligations, and to exercise police powers, or the Lessee is an agency of the State invested by the governing authority of the State with the power to spend tax revenues of the State for the purposes set forth in the Agreement. 2. The Agreement has been duly authorized, executed and delivered by the Lessee in accordance with all substantive and procedural statutes of the State and ordinances of the Lessee. 3. Kristine Allison, as Chief of the Lessee, has been invested by the governing authority of the Lessee with the authority and approval to execute the Agreement. 4. To the Best of my knowledge, at this time there is no proceeding pending or threatened in any court or before any government authority or arbitration board or tribunal the outcome of which could adversely affect the transactions set forth in the Agreement or the security interest of the Lessor or its assigns, as the case may be, in the Equipment. Very truly yours, HUYC ONNOR JARVIS, LLP General Liability CER7;IEiO/RLE OF COVERAGE Agent This certificate is issued as a mater of General Aggregate: Brown R Brown Northwest A only and confers hose upon the m 7/112015 3256 Hillcrest Park Drive Each Occurrence: tifi n the certrt in th holder ag otherthanthose provided in the coverage document. This 0 Medford, OR 97504 certmrate does not amend, extend or alter J Employment Practices A the coverage afforded by the coverage www.bbnw.com documents listed herein, cifycounty insurance services Named Member or Participant Companies Affording Coverage Cl of Central Point Auto Liability COMPANY A - CIS 130 S 3rd Street COMPANY B - National Union Fire Ins Cc of Pitts Central Point OR 97502 J Scheduled Autos COMPANYC- RSUllndemnity 15LCPT 7/1/2015 COMPANYD- Each Occurrence: LINES OF COVERAGE This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated. Not withstanding any requirement.. term w condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. Type of Coverage Company Certificate Effective Termination Letter Coverage Limit A Number Date Date General Liability General Aggregate: J Commercial General Liability A 15LCPT 7/112015 7/112016 Each Occurrence: J Public Officials Liability A J Employment Practices A J Occurrence A Auto Liability General Aggregate: J Scheduled Autos A 15LCPT 7/1/2015 7/1/2016 Each Occurrence: J Hired Autos A J Non -Owned Autos A Auto Physical Damage J Scheduled Autos A 15APDCPT 7/1/2015 7/1/2016 Comprehensive J Hired Autos A Collision J Non -Owned Autos A J Property I A J Boiler and Machinery I A Excess Liability J Excess Crime Excess Earthquake Excess Flood Excess Cyber Liability 15PCPT 15BCPT 15ECCPT 7/1/2015 I 7/1/2016 7/1/2015 I 7/1/2016 7/1/2015 7/112016 I Per Loss: Occurence/Aggregate: $30,000,000 $10,000,000 None $10,000,000 $100 deductible $500 deductible Per filed values Per filed values $500,000 J Workers' Compensation I A I 15WCPT I 7/1/2015 I 7/1/2016 (Coverage A and Description: 2016 Ford Interceptor SUV #1 FMSKaAR5GGA37585 and 2016 Dodge Ram 1500 Tradesman/Express Quad Cab #1 C6RR7FG6GS142823 Certificate holder is loss payee and additional insured as respects these leased vehicles. Certificate Holder: Farmers State Bank CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, CIS will provide 30 days writer, notice to the cenNcate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon CIS, its agents or representatives, or the issuer of this certificate. Central Point Police Department Lease #2641 Lessee's Financial Statements: 1. 2 year audited financials (2014 & 2015) http://www.centraluointoregon.gov/finance/page/annual-financial-reports 2. Adopted Budget (2016) http://www.centraIvointorezon.gov/finance/page/citv-annual-budget Auto Cell: 719-439-8907 Office: 503-485-0990 Fax: 800-918-3761 Shia all documents to: Lease Number: 2686 Leasing Specialists, LLC Ed Anderson, President Email: ed@govleasing.com 4785 Portland Road NE Email: ed@autoadditions.com Salem, OR 97305 Email:Shannon@govleasing.com Auto Leasing Specialists, LLC, 17526 O Street, Omaha, NE 68135 Date: April 7, 2016 Dear Chief Allison: NOTICE OF ASSIGNMENT Re: Tax -Exempt Lease Purchase Agreement dated April 7, 2016 between Auto Leasing Specialists, LLC, and the City of Central Point, OR. Please be advised that Auto Leasing Specialists, LLC. has assigned all of his rights, title and interest in, to and under the above -referenced agreement, the equipment purchased thereunder, and the right to receive payments to Farmers State Bank. All payments due under the Agreement, beginning with the first payment, should be made to the Assignee at the following address: Farmers State Bank P.O. Box 99 Iroquois, SD 57353-0099 Please acknowledge the Assignment and your agreement to make payments due under the Agreement to the Assignee by the signature of a duly authorized officer in the space provided on the bottom of this letter and return it to the address shown above. Edward L Anderson Owner ACKNOW( LEDGE i" Signature: '7 / -1/2 . Kr(stme Allison Title: Chief Date: