HomeMy WebLinkAboutAgreement_General_05/14/2015 (3) FL SmalI Tldat Mon -App BQVPA
GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
Village of Tequesta, Florida First Capital Equipment Leasing Corp.
345 Tequesta Drive 32 Wolf Hill Road, PO Box 1018
Tequesta, Florida 33469 East Sandwich, Massachusetts 02537 -1981
Dated as of May 15, 2015
This Government Obllgatlon Contract dated as of the data listed above Is between ObRgea and Obligor listed directly atom. Obligee desire to f nanca the purchase of the Equipment
described In Exh Uft A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subjeato the terms and conditions of this Contract whkh are set forth below.
I. Defiaklons
section 1111 Definitions. The follow hrlitams will have the meanings indicated below unless the contest clearly requires otherwise
'Additional Schedule° refers to the proper execution of addltho nal schedules to Exhibit A and Exhibit S. as well as other exhibits or documents that may be required by the Obligee all Of
which relate to the financing of additional Equipment
'Budget Year moos the Obliges fiscal year.
'Canm An -mant Date' is the date when 0611gors obligation to pay Contract Payments bgba.
'Contrace means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refimunings, guarantees and all documents reged upon by
Obggea pdorto axewton of this Contract
°Contract payments" means the payments Obligor Is required to make under this Contract as set fort[ on Exhibit B.
'Contract Term' morn the Original Term and all Renewal Terres.
'fxdbi' Includes the Exfdblla attached hereto, and any 'Additional Schedule°, whether now existing or subsequently aastat
"Equtpmene means all of the Iterns of Equipment Wised on Ehddbit A and arty Additional Schedule, whetter now ods tg or subsequently created, and all replacements. resrator%
modifications and improvements.
'Govmmranr as used In the tfte hereof means a State or a political subdivision of the state within the meaning of Serum 103(a) of the Interval Revenue Conte of ]986, as amended _
('Code'), or a constituted autha ty or district authorized to how obligat ms an behalf of the States or political subdivision of the State within the meaning of Treaway Regulation LiOM%
or a qualified volunteer fire conpa ry within the meaning of section 1501e)(1) of the Coda
'Obligee" means the entry orighagy Wind above m Oftee or any of its assignees.
'Obligor means the entity listed above as Obligor and which is financing the Equipmetd through Obllgee under the provislons of this contract
'Original Term' means the period from the Commencement Date until the end of the Budget Year of Obligor.
'Partial Prepayment Dote° means the first Contract Payment data that occurs an or after the offer of (a) the twenty -four month (Z4) anniversary of the Commence rus t Date at (b) the
date an which Oyer has accepted all the Equipment and all smounts have been disbursed from the Vender Payable Aaountto payfor the Equlpmetrt
°Purchase puke° means the total cut of the Equipment Including all delivery charges, InsteRation charge, legal fees, Bnanciag curb, mwrdbg and filing fees and other costs nary to
vast fail, dear legal title to the Equipment In Obligor, subject to the security Irderest li - to and retained by Obligee as sat forth In this ContraM and otherwise incurred In connection
with the financing of this EquipmeriL
'Renewal Term' means the annual term which begins at the and ofthe Original Term and which is simultaneous with Obligors Budget Year and each sung Budget Year forte number
of Budget Years necessary to comprise the Contrail Term.
° State° means the state in which Obligor is located.
'Surplus Amount' means any amount on deposit in the Vendor payable Account an the Petal Prepayment Data
° yanda• Payable Account" means the separate account that name estabWhed pun uant to Section X of this Contrail.
IL OHMYYelreot84
Section 2.l[3 Obbor rearments. warmats and covenants as foliose fort* bauafit of O Ibee or is asslaneas
(a) Willer b a n 'boor of tax exempt obOtiatbns' because Obilgor tithe State or a poBthod subdhWo n of the State within the meaning of Seedoa 183(a) of the Internal Revenue Code of
1986, as amedey (ties ' Code') or because Obligor is a constithtai authority or dot authorized to taste oblIgatau at behalf of the State or pgtlal subdNtstan of to State whin
the meaning of Treasury Regulation L103 -1(b), or a qualified volunteer fire company within the meaning of section 15%e)(1) of the Code.
(b) Obligor has compiled with any requirement for a referendum and/or competitive bidding.
(c) Obligor has compilerd with all statu ory laws end regulators that may be applicable to the execution of this Contract; obligor, and its officer macutng this contract, are authorized
under the Constftuton and lass of the State to enter Into this Contract and have used and followed all proper procedures of ha governing body In executing and deliverIng this
Contact. The Oil= of Obligor executing this Contract has the authority to execute and deliver this Contract This Contact constitutes a legal, valid binding and enibrMble
obligation of the ObIgor In accordance with Ib tern .
(d) obligor shall use the Equipment only for essential, traditional government purposes.
(e) Should the IRS dlsegow the tax-exempt steps of the Interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment fa governmectsl
purposes, or should the Obligor cease to be an Issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax awnpt obligation for
why reason, then Obligor slag be required to payadmtonal sans to the Dbftee or Its assignees so as to bring the after tax yield on this Contract to the same level as theOdlgee or Its — —
assigneas would attain titre transaction continued to be tax-exempt.
(f) Obligor has now non- appropriated funds under a contract similar to this Centred.
(g) Obligor will submit to the Secretary of the Tmsas,ay an hdormatov reporting statement as required by the Coda
(h) Upon request by Obligee, Mile- will provide Obligee with current financial statements, report, budgets or other relevantf sal Information.
0) Obligor shall retain the Equipment free of awry hasardors substaricas as defined In the Comprehensive Environmental Response, Compensation ant Uabfgty Act 42 USG 96M ht. seq.
as amended and suppleanted.
p) Obligor hereby warrant; the General Fund of the Dbggw Is the primary source of funds or a backup source of funds from which the Contract Payments will be made.
(k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Pihibft B hereto. The official of Obligor responsible for butilet
prepaathm will Include to the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawWd means available
to secuure the approve tlar of moray for such Budget Year sufficient to pay the Contras Payments coming due therein. Obligor reasonably beRaves [tat mcmeys can and will lawfully
be appropriated and made available for this purpose.
(q Obligor has selected both the Equipment end the vendors) from whom the Equipment is to be purchased upon Its owe ludgme t and without reliance an any mamdectrer.
merchant, vendor or distributor, or agent thereof, of such equipment to the public
(m) Obligor awns free and dear of any gees any additional collateral pledged, suWad only to the Ran described hereto; Obligor has hurt and will rat daft the Contract Term, create,
pemdt Incror assume any iahius, [lens or encumbrances of any hind with respuut to the Equipment and any additional collateral aeepttlmse created bythls Contract.
Section 2 02 Escrow Agreement In the event both Ohggee arid Obligor mentally agree to utilize an Escrouc Account then Immediately following the ezeculbon and delivery of ft Contract
Obligea and Obligor agree to execute and defter and to cause Escrow Agent to execute and deliver the Escrow Agreem®hL This Contract shag tat® effect only upon executlon and dhdhvery
of the Escrow Agreement by the pate thereto. Obliges shag deposit at cause to be deposited with the Escrow Agent for credlt to the Equipment Acquisition Rid the sure of N /A, which
shall be held, Invested and disbursed In accordance with the Escrow Agreement
ILL Acpuidtlan of Equipment Contract Payments and the 14urcdase Option Price
Section 3111 Acquisition and Ahcanrerwe. Obligor shag be solely responsible for the ordering of the Equipment and for the delivery and Installation of the Equipment The Payment Request
and Equipment Acceptance Form must be signed by the same autorled Individual(s) who signed the Signature Ord, Exhibit Q By a Contract Payment t after Us receipt of the
Equbmm pursuant to this Contact Obpgor shag be deemed m have attepted the Equipment on the date of such Contract Paymad fa purposes of this Contract Ali Contract Payments
pad prior to delivery of the Payment Request and Equipment Acceptance Form slag be creme to Contract Paymenti; as the become due n, shomm an the Contract Payment Schedule
attached as Exhibit B hereto.
Section 3.02 Cohutrad Payments. Obligor shat( pay Contract Payments exclusively to OWlgee or Its assignees In lawful, legally available moray of fie United States of America. The Contract
Payments shall be send to the location sperifted by the Oblges or Its assign The Contract Payments shag constitute a current expense of the Obligor and shalt not mrutimte an
Indebtedness of the Obligor. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit 8. Obligee shag have the option to charge Interest at the highest
lawful rate on any Contrad Payment reeelved later than the due date for the manber of days that the Contract Payment(s) were labs, plus any additional accrual an the outstanding babhhce
for the number of days that the Contract Paymant(s) were late. Obligee shag also have the option, on monthly payments poly, to charge a late fee of up to 10% of to monthly Contract
Pennant that Is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee
hereunder have been received, ObUgee will release any and oil of its rights, tide and Interest In the Equipment.
SECTON 3.03 Contract Payments UnconsiftwL Except as provided under Section 4A%THE OBLIGATIONS OF OBLIGOR TO MAID: CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE
THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WTHOUTABATEMENT, DIMINUTNN, DEDUCTION, SET -OFF, OR SUBIECr
TO DEFENSE OR COUNTERCLAIM.
Section 3.04 Purchase Option Price. Upon thirty (30) days written notice, Obligor shag have the option to pay, In addition to the Contract Payment the corresponding Purchase Option Price
which is Bated on the same Oman Exhibit B. This option b only avallable to the Obligor an the Contrad Payment date and a s parffel prepayments are allowed. If Oblgor clmeses thboptfon
and pays the Purchase Option Price to Obligee than Obligee will transfer any and all of Its rights, title and Interest In the Equipment to Obligor.
Section 3.05 ConbUt_ Term. The Contract Term slag be the Original Term and all Renewal Terms until all the Contract payments are paid as set forth on Exhibit B ecmpt as Provided ureter
Section 4.01 and Section 9.01 below. If, after the and of the budgeft process which occurs at the end of the Original Term or my Renewal Term, Obligor has not non- approprlated as
provided for In thb Contract then the Contract Term shall be extended Into the rand Renewal Term and the Obligor shag be obligated to main an the Contrad Payments that come due
during such Renewal Term.
Section 3.06 Disclaimer of Warranties. OBUGEE MAKES NO WARRANTY OR REPREsmATION, ETHER EXPRESS OR IMPUED AS TO THE VALUE, DESIGN, CONDITION, MERCHANTASHM,
FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR Oft DISTWIIUTEiI, OR AGENT
THEREOF, OF SUCH EQUIPMENT: NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT To THE PUBLIC. OBUGEE SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, INDIREC17 SPECIAL OR CONSEQUENTIAL DAMAGEARWNG OUT OFTHE INSTALLATION, OPERATION, POSSESSYOH, STORAGE OR USE OFTHE EQUIPMENT BY OBLIGOR.
N. Noe kpprapdffd-
Section 4.01 tdan Amoraorlation. If l snlflded funds are available In Obggar's budget for the nod Budget Year to make to Contract Payments for the next Rem Term and the funds to
make such Contract Payments ere othenvlu urevallabte by any lawful means whatsoever, then 0bllgor may non - appropriate the funds to pay the Contract Payments for the nod Renewal
Term. Such nonapproprlation shag be evidenced by the passage of an oaft once or resolution by the governig body of Obligor specifically prohibiting Obligor from pefamdrg its
obligptions under thb Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Yeas. ti Ob w
nun appropriates, than all obligations of the Ob%w under this Contract regarding Contract Payments for all remaining Rommel Terms shall he terminated at the nand of the than current
Original Term or Renewal Term without peralty or liability to the Obligor of any kind provided that N Obligor has not delivered possession of the Equipment to Ohlgee as provided harsh
and conveyed to Obligee or released Its Interest in the Equipment by the and of the last Budget Year for which Contract Payments were palsd, the termination shag nevertheless be effective _
but Obligor shag be ramble for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due enter Exhibft B which are attributable to Ike
number of days after such Budget Year during which Obligor falls to take such actions and fm any other loss suffered by Obligee as a result of Otrgpes failure to take such actions as
required. Obligor stag Immadlatdy nOtiRr the Obligee es soon as the decision to non - appropriate Is made. If such aegis, than Obligor stag delver the Equipment to
Obligee as provided below In Section 9.04. Obligor stag he Battle for all damage to the Equdirnentother than normal wear and deer. if Obligor fags to daivert a Equlprard to ObRM then
Obligee alai haws the fight to obtain and ernforce a judgment against 0blgor ban amount not less tan the am of all Contract Paynroata then due plm the then applicable Purchase Option
Prka.
V. hwmnce, Damage, Insufficiency of Praaads
Secffw 5.01 insurance. Obligor slag maintain both property I sr rarce and flabliity Insurance at Its ova expense with raped to the Equipment. Obligor shat be sohdy n sposwe for
selecting the insurer(,) and for making all premium payments and ensuring tat all pofldes are continuously kept In offed during the period when Obligor Is required to make Conbad
Payments Obligor shag provide Obligee with a Gertilkete of bnurahce which fists the Obligee and /or asdgns as a less pays and an additional Insured on the policies with respect to the
Equipment
(a) Obligor shag Insure the Equlpmerd against any Ins or damage by Pore and all other rlts covered by that standard extended coverage endorsement then in use In the State and any
other risks reasonably required by Oblgere In an amount at last equal to the ten applicable Purchase Option Pry of the Equdpment Alternatively, Obligor maylorure the Equipment
under a ble+ket insurance policy at policies.
(b) The liability insurance slag Issue Obligee born kbgity and property damage in any form and amount sathiactory to Obliffee.
(c) ObPVr may self -1 aura against the casualty risks and ibbgRy risks described above. H Obligor Gooses this option, Obligor rust for" Obligate with a certificate and/or other
documents which wAdesum such cours raga
(d) All insurance polfda issued or aifacmd by thb Section shat be so written or enclosed such that the Obligee and its assignees are named additional Insureds and loss payees and that
all teams are payable to Obligor and Ohflgee or Its assignes as their Interests may appear. Each policy Issued or affected by thb Section shall contain, a provision that the Imu force
compemf shag not tercel or matedegy modify the policy udtiout that Oft Oft (3Up days advance naft to Obligee or to asstgnets. Obligor shag furnish to Oblige certificates
evlden ci nil such cwwerege throughout the Contract Term.
Section 542 Dmeve to or Destruction of Equipment, Obligor assumes tiro risk of loss or damage to the Egalpmant. If the Equipment or any pardon thereof Is ball, stolen, damaged, or
destroyed by fire or otter casualty, Obligor will Immediately report all such loses to all possible Inures and take the proper procedures to obtain at Insurance pry. At tine option of
Oblipee, Obligor shag either (1) apply the Net Proceeds to repf ace, repair or restore the Equipmetd or (2) apply the Net Proceeds to tla applicable Purchase Option Price. Far purposus of
this Seddon and Section 5.03, the term Net Proceeds shag mean the amount of Insurance proceeds collected from all applicable Insurance polldes after deducting all expenses Incurred In Use
collection thereof.
Section 543 Ireu(Bchencv of Net Proceeds. N there are no Nat Proceeds for whatever fea5011 or If the Net PrOtB@d5 are msuffident to pay In fug the cost of arty replacement repair,
restoratio modification or Improvement of the Equipment, then Obligor shat, at the option of Obligee, either (1) complete such repieceme,04 repak resooratim modification or
ImProvementend pay cry costa thereof to excess of the amountof the Net Proceeds or (d) apply the Net Proceeds to the Purdase Option Price and paythe deficiency, tf wq m the Obligee.
Section 5.04 Obgar Nealaenco. Obligor assumes all risks and liabilities, whether or not covered by Insurance, for low or damage to the Equipment and for Injury to or death of cry person
or damage to arty property whether such Injury m death be with rasped to agents or employees of Obligor or of third parties, end whether such properly damage be to OWW3 property ar
the property of others o nebollrng, without Mdtat s% OsbfBtles for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive
Environments] Response, Compensation and liability Act the Resource Conservation and Recovery Art or srnllw or successor law or any state or Loral equivalent new existing or hereinafter
enacted which In any manner arise out of or are Incident to any possession, use, operator, condition or storage of any Equipment by 0b1ligoub which Is proximately caused by the negggent
conduct of Obligor, its offices, employees and agents.
Section 5.05 Indemnification. Obligor hereby essurnes responsibility for and agrees to reimburse Obliges for eg UabiBtles, olskatio s, losses, damages, ismaltes, calms, actions, costs and
expanses (Including reasonable attorneys' fan) of whatsoever kind and nature, Imposed on, Incurred by or assert against ObRgee that In any way relate to or arise out of a claim, sett or
proceeding, based in whole or In part upon the negligent cmWvd of Obligor, Its officers, employees and agents, or arose out of Installation, oponatlon, possesslo% slow or use of any itse
of the Equipment to the maximum extent permitted by law. Nothing cordained In the Conbsd slag be deemed to waive Obligor's sovereign Immunity beyond the salver provided at Set
76818, Florida Statutes. farther, Obligor's duty to Indemnify, defend and hold Obligee harmless shall be limited to the amounts; set forth In Sec. 76828, Florida Statutes, including Ihnits on
attorney's feo. Nothing mntalned In the Contra d slat be deemed as Obtga's consent to be sued.
VI. Title
Section err 01 Title. Title to the Equipment stag vast In Obligor when Obl gor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee In the
event Obligor non - appropriates under Section 4A1 or in the avant Obligor defaults under Section 9.OL In such event 0bggorsa0 execute and deliver to Obligee such documerts as O blgee
may request to evidence the passage of legal title to the Equipment to Obligee and Obligor wig paces* surrender possession of the Equipment to Obligee.
VU. Assignment
Section 7.01 Assignment by Obligee. AN of Obligee's tights, title and/or Interest In and to this Contrail may be assigned and reassigned M whale or In part to one or more assignees or sub
astgnees by OWIBea at anytime without the consent of Obligor. No such assignment shag be effective as against Obligor until the assignor shag have filed with Obligor written notice of
assignment Identifying the assignee. Obligor shag pay all Contract Payments due hereunder relating to such Equipment m or at the direction of Obligee or the assignee named In the norm
of assignment Ohflgor shag keep a complete and accurate record of all such assignments
Section 7A2 Assignment Sale or Transfer by Oblgor. None of Obligors right, title and Interest under this Contract and/or In the Equipment may be assigned, sold or transferred by Obligor
unless OhOpe approves of such assignment, sale or transfer in writing before such assignment sale or transfer occurs and only after Obligor fire obtain an opinion from ratloally
recognzad counsel stating that such asslgnmenk sale or transfer wig not Jeeps MIN the tax - exempt atalus of the obligation.
VU gllalalsaertco dif Equdpmalt
Section B01 EmdornnL Obligor slag imp the Equipment In gaol repair and working order, and as required by manufacturers ad warranty spedR®VOns. if Equipment cork" of
copiers, Obligor Is required to enter Into a copier malydenmMe /savice agreement Obligee shag have no obligation to t speck task service, maintain, repair or male Improvements or
addido s to the Equipment under any dram stances. Ober will be We forafl damage to the Egalpmerhk other than normal wear and tear, caused by ObOgm, its employees or Its agents.
Obligor Nog pay for and obtain all per. its, Dermas and taxes related to the ownership, Installation, operation, pdsseasInn, storage or use of Ore Equipment d tihe Equipment includes any
titled vahicfe(s), then Obflgar is responsible for obtandng such title(3) from the State. Obligor shag not use the Equipment to haul, mmey or transport hazardous waste as defl ad In the
Resource Conservation and Raceway Act 42 M.C. 6901. et seq. Obligor agrees that Obligee or Its Assignee may execute anal additional do wmants blcludhs fNmudns statements,
of davits, notices, and similar Instruments, for and on behalf of Obligor which Obliges deems necessary or appropriate to protect Obligee's Interest In the Equlpment and In this Contract.
Obligor shag allow Obligee to examine and inspect the Equipment at a0 reasonable trnes.
lit. Default
Section= Events of Debultdaftoed. The fallowing events shag constitute an 'Event of Default° under this Contract
(a) Failure by Obligor to pay any Contract Payment RAW on EiMbIt B for fifteen (15) days after such payment is due according to the Paymaud Data Rated on Enddbft B.
(b) Failure to pay any otter payrnat required to he paid under this Contract at the tine specified herein and a continuation of said fallue far a period of fifteen (15) days after written
notice by Oblm that such payment must he made. If Obligor confirm to fall to pay any payment after such period, ton Obligee my, but wig not be obligated to, and a such
payments and charge Obligor for ail costs Inured plus Interest at the highest lawful rate.
(c) Failure by Obligor to observe and perform aruy warranty, cauenank condition, promise or duty under this Contract for a perm of thirty (30) days after written notice specifying such
faihua is o mu to Ob%w by Obggea, wdan Obligee agrees In wWft to an exWrmbn of time. ObOgee wig not unreamnehly wghhold its ommeut to an extenslon of ama lf conmeth e
action Is hottuted by Obligor. subsection (cl dam not apply to Contract Payments and other payments discussed above.
(d) Anystatomehk materled ormhsedon, representation or warranty made by Obligor In or pursuant to" Contract which proem to be false, Incorrector mblea ft on the date when made
regardless of Ohilgor's Interd and which materially adversely effects the rights orseeurity of Obllyee under this Contract.
(e) Any provision of" Contract which ceases to be valid forwhetaver rmson and the loan of such provision would materially adversely eReet the rights or security of Obligee.
(f) Except as provided In Section 4.01 above, Obligor admits In writing Its IesbBRy to pay its abggatios.
(g) Obligor defaults on one or more of its other obligations.
(h) Obligor becomes insolvent, Is unable to pay its debts as they become due, makes an assignment for the benefit of caeu8turs, applies for or consents to the appohu0nrent of a receiver.
tnnbas, conservator, custodlon, or liquidator of Obligor, or all or substantially all of its assets, or a petition for relict Is fled by Obligor under federal Imnkruptry, Insolvency or similar
laws, or Is filed against Obligor and is not dismissed within thirty 001 days thereafter.
Section 9.02 Remedies on Default Whenever any Event of Default exists, Obligee shag have the right to take one or any combination of tie toliavdng remedial slaps.
(a) With or without terminating HAS Contract Obllaee may declare all Contrad Payments and ether amounts payable by Obligor hereunder tothe end of the than current Budget Year to
be Immediately due and payable.
(bl With or without terminating this Contract, Obpgea may require Obligor at Oedgor's expense to redefiver wry or a0 of the Equipment and any additioal collateral to Obligee as
provided below In Section 9.04. Such delivery shag take place wMdn fifteen (15) days after the Event of Default ottmL if Obggw falls to deliver to Equipment and any additional
collateral, Obligee may enter the premises where the Equipment and cry additional collateral Is [orated and tale prssealonof the Equipment and any additional collateral and charge
ObAw for cash Incurred Natedt darAing that Obltiles her taken possession of the Equipment and cry additional collateral, obligor shag still be obligated to pay the remalalne
Contract Payments due up until the end of the then currant Original Term or Renewal Tam. Obligor w111 be liable for any damage to the Equipment and any admtloel collateral
caused by Obngor or Its employees or agents.
(c) Obngae may take whatever action at low or In equity that may appear necessary or desirable to enforce Its rights, Waft but not limited to all rights listed In section 4.OL Obligor
Nall be responsible to Obligee for all cam Incurred by Obligee in the enforcement of Its rights under tihis Contract Including, but not Incited to, reasonable attorney teas.
Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obftee is Intended to be mehudw and every such remedy shall be emulative and shall be in addition
to evary other remedy given under this Contract now or heremba extofng at law or In equity. No delay or amission to exurche any dghtor power accruing upon any default shall impair any
such righter slag be construed to be a walver thereof.
Secton 9.04 Retun of Eaulamemtand Stma m
(a) Shreiner. The Obgor Nag, at its oan expess6 surrender the Equipment, any Additional Collateral and all required documentation to evidence bmtdm of iRle from ObCgor to the
Ohm In the eweot of a default or a non - appropriation by dalWerbg the Equipment and any Additional Collateral to the Obligee to a location accessible by common carder and
designated by Obligee. In the case that any of the Equipment and any Additional Collateral consists of software, Obligor shadf destroy all Intangible Res const tiding such software
and Nag deliver to Obliges all tangible items comiituting such setlwars. At Obligee's request Obligor Nall also certify In a form acceptable to Obliges that Obligor has cempild with
the above software return provisions and that nay will Immediately cease hstr%the software and that they Nag permit Obligee mWor the vendor of the software to hoped Obligors
Inns to verify compliance with the terms hereto.
(b) Dellwrr. The Equipment and my Additional Collateral shall be delivered to the location designated by the Obligee by common carder unless the Ohflgee agrees his writing that a
common carder Is not nedsd When to Equipment and any Additional Collateral is delivered Into the c usta* of a common carder, the Obligor shall arrange for the shipping of the
Itern and its Insurance In transit In accordance with the Obi's Instructions and at the Obligors sale expass. Ofdfgor at its expense dell completely sear and dhaanned the
Equipment and any Additional Collateral or its component pates from the Obligors property all without IlabRiry to the Obliges. Obligor shag pack or crate the Equipment and any
Additional Cadleterah ad all of the componet parts of the Equipment and any Additional Collateral carefully and In accordance with any Mons of the manufacturer. The
Obligor stag deliver to the Obligee the plats, sperig®tbre, operation manuals or other warranties and documents Ledshd by the manufacturer or vendor on the Equipment and
any Adrllteal Collateral and such ather docurnents In the OhOgo's possession relating to the maintenance and methods of operation of such Equipment and anyAdsgtlosl Collateat
(c) Condition: When the Equipment is surrendered to the Obliges R shag be in the condition and repair required to be mabacIned undo this Contract ftwgl also meet all legal regulatory
conditions necessary for the Obgges to sell or lease It to a third party and be free of all gas. If 011lgee reasonably determines that the Equipment or an Iles of the Equiprneant am it
Is retuned, Is not In the condition required hereby, Obligee may case the repair, service, upgrade, modification or overhaul of the Equipment or an gem of the Equipment to addeva
such condition and upon demand, Obligor 311011 promptly reimburse Obligee for a0 amounts reasonably expanded In connection with the foregoing. — —
(d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment and a" additional collateral for a period not to exceed 60 days after the
expiration of the Contract Term before returning R to the Obliges. The Obligor shag arrange for the Insurance described to continue In fug force and died with respect to such Item
daring Its sage period and the Obligee shag reimburse the Obligor on demand for the Increnentai premium cost of providing such Insurance. -
X Vendor Payable Account
Section 10.01 Fstabgshmamt of Vendor Payable Account On the date that the Obligee executed this Contract, which Is on or after the date that the obligor executes this Contract, Obliges
agrees to (I) make available to Obligor an amount sufficient to pay the total Purchase Price for tha Equipment by establishing a separate, non - Merest beaft account (the 9fendor Payable
Account°), as agent for Oblgm s account with a financial Institution net Obligee selects that Is acceptable to Obligor (Including Obligee or arty of to affiliates) act (0) to deposit an amount
equal to such Purchase ase Prlts as reflected on Exhibit g In the Vendor Payable Account Obligor hereby further agrees to make the representatiom, warranties and coverausts relating to the
Vendor payable Account asset forth In Exhibit C attached hereto. Upon Obligors de0yay to Obligee of a Payment Requestad Equipment Acceptace Form In the form set forth In Exhibit C
attached heato, Obligor eutbolaes ObIkee to withdraw funds from the Vendor Payable Account from Una to time to pay the Purchase Pry or a pardon thereof, for each item of
Equipment as It Is delivered to Oogor. The Payment Request and Equipment Acceptance Form must be signed by an authorized Ind M" acting an behalf of Obligor. The outorhed
ImOvidual or Individuals deslgnated by ire Obligor twat sign &a Slg10ture Card which will be kept In the possession ofte Mass.
Section 10.02 Down Paemnent. Prior to the disbursement of any funds from the Vendor Payable Account the Obligor must either (1) deposit all the doer payment fuadn tat the Obligor
has committed towards the purchase of the Equipment Ima the Vendor Payable Account or (2) Obligor must provide written verification to %a satisfaction of the Obligee Not ag the down
payment fonds Obligor has committed towards the purchase of the Equipment have already been sped m are slmuft neously halt%sperd with to finds requested from the NEW Payment
Request and Equipment Acceptance Form. For purposes of this section, the down payment funds committed towards the Equipment from the Obligor are the dam Papua* foods that
were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligorm the Obligee.
Section 10.W Disbursement unon Non- Amarwriadon or Default B an swam of non- appropriation or default onus prior to to partial Prepayment Date, the amount tan on deposit In the
Vendor Payable Account shall be retained by the Obligee and Obligor will have no Interest therel.
Section 1001 U"lus Amount. Any Surplus Amount then an deposit in the Vendor Payable Account on the Partial Prepayment Date shag be applied to pay on such Partial Prepayment Data
a portion of the Purchase Option Price then applicable.
section 10.05 Recalculation of Contract Payments. Upon payment of a pardon of the Purchase Option Pride as provided In Section 10.04 above, each Contract Payment thereafter slag be
reduced by an amount cefcuhated by Obilges based upon a fraction the numerator of which is the Surplus Amount and the denardnator of which Is the Purchase Option Prim on such Partial
Prepayment Oats. Wit inl5 days after such Partial Prepayment Date, obliges shag provide to Obligor a rewhed Exhibit B to ftds Coatract which shag take into accost such paymet of a
portion of the Purc Option Price thereafter and slag be trod bacons thereafter ExhOhm B to this Contract Nno fthstanthhg wq other pmrhlon of this Section 30, this Contract shall
remain Is fug force and effect with respect to all or the pardon of the Equipment accepted by Obligor as provided In this Conkack and the pin of the Principe! component of Contract
Payments remabdng unpefd after the Partial Prepayment Date phis accrued Interest therm shag remain payable In accordance with the terms of this Contra, Including revised Edhgcit 8
hereto which shag be binding and conclusive upon Obligee arid Obligor.
l0. wascelhvmm - -
Section 11.01 Notices. Ali notices shall be sufficiently given and shag be deemed gWen when delivered or mailed by registered mall, postage prepaid, to the parties at then respective Pisces
of business as first set forth herein or as the parties shag designate hereafter In writing.
sedlon 11.02 Binding Effect Obligor acknowledges this Contract h not binding upon the Obligee or Its antgrteas unless the Condidom to Funding listed on the Documentation Instructions
have bean met to ObRWs SatisfaWon, and Obligee has executed the Contract Thereafter, this Contract Shan imrre to the benefit of and shag be Wngng upon Obligee and Obligor and
their respective successors and assigns.
Section 11,03 Severablllty. In the event any provision of this Contract shag be held ima0d or unendorcenble by any amt of canpelem (misdlillon, Stith holding tag not Invalidate or render
unenforceable my other provision hereof.
Section 1L04 Amendments. Addenda. Changes or Modifications. This Contract may be amended, added to, changed or modified by v0den agreement duty executed by Obligee and
Obligor. Furthermore, Obligee reserves the right to directly charge or amortize Into the remaining balance due from Obligor, a reasonable fen, to be determined at that tine as
compensation to Obligee for the adclitaal adminktrative expense resulting from such amendment; addenda, charge or moditkadon requested by Obligor.
Section 11,05 c:or„en,. in Counterparts. This Contract maybe simultaneously executed In saveral counterparts, each of widdr sing bean original and all of which shall constitute butane _ and the name Insburnenht
section 1106 Caattons. The captions or headings In this Contract do rot dePote, limit or describe the scope or hterntaf a y provisions or sections of this Contract
Section 11.07 Master Concoct. This Contract can be utilized as a Master Contact This means that the Oblgea and the Obligor may agree to to Branstt of additional Equipment under
this Contract at some palm In the future by eteeudng one or more Additional Schedules to Fxtdbit A and Exhibit Il as wag as other exhibits or documents that may be required by Obliges.
Additional Schedules will be consecutively numbered on each of the exhaft vvhiclh makeup the Additional Schedule and all the terms and conditions of the Contract shag govatn each
Additional Schedule.
Section ILOR Entire Willing, This Contract cotsdtutes the entire writing between Obliges and Obligor. No waiver, consea modification or change afterms of this Contract stag bind either
party unless In writing and signed by both parties, and then such walvar, consent rnadifl®tlnn or change dmg be effective only In the specific Instance and for the specific purpose given.
There are no urdersbtndirngs, agreements, representations, conditions, or warranties, enprm or Implied, which are not specified herein regarding this Contract, the Equipment or any
additional collateral financed hereu icier. Airy terms aihd mndit�iCs of any Pie order or allmdonmhefils su �6y�rlfgary Im confie ion *A th%ThiffMc - t which artn 6d - &Xo - n to
or heronsisteM attic the ton. and condi6am of this Contract will not be binding on Obligate and will not apply to this Contrail
Section IL09 Desbmattan as Ouagfied Tax•Fxemnt ObOustlam Pursuant to Section 265(b)13)(B)t) of the internal Revenue Code of 1986 as amended (the 'Coda% the Obtlaw hereby
specifically designates the Contract as a - qualified fit- exempt obligation' for purposes of Senn 2651b)(3) of the Cade. In compliance With Section 265(b)(3)(D) of the Coda, the Obligor
hereby represents that the Obligor will not designate more than $10,=,= of obligations issued by the Obligor in the calendar year doing which the Contract Is executed and delivered as
such 'quad tax- exempt obilydo ns°. In ccmpliance, with the requirements of Section 26S(b)(3)1C) of the C ode, the Obligor hereby mpreseNS that the Obligor (hhdudlig all Subordinate _ -
entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contra is executed and delivered,
obligations bearing Interest exempt from federal Income taxation under section 103 of the fade (other then 'private activity bonds" as defined In Sexton 141 of the Code) In an amoot
greater than S10,000AM
Seftn 1110 Acceptance of Obggaton to Commence Contract Pavmaeds Under Exhibit B. By slgning and attesting directly below, Obligor herebywarrents and certifies that The Equipmet
described an Exhibit A has not been delivered, Installed or available for use as of the Commencement date or this Contra. Obligor aclaowkdges that Obligee has agreed to deposit Into a
Vendor Payable Account an amount sufficient to pay the total purchase price its 'Purchase Price) for the Equipment so Identified In ndctn Eddbft A; The prindpal amount of the Contract
Payments in the Exhibit B accurately reflects the Purchase Price; Obligor agrees to execute a payment Request and Equipment Acceptance Form audicalig payment of the Purchase Rae,
or portion thereof, for each withdrawal of funds from the Vendor Payable Account
Section 11.11 Obligor further warrants and centfies that Obligors obligation to commence Contract Payments as set forth in Exhibit 8 Is absolute and unconditional as of the
Commencement Date and an each date sot forth in Exhibit B ther®( ter, subject to the terns and conditions of the Contract: Immedately upon delivery and aCrapmrtce of ail the
Equipment, Obligor will notify Obligee of Obligors final a epta ce of the Euipment by delivering to Obggna the Payment Risjeest and Equipment Acceptance Form In the form set forth in
Exhibit C attached to the Contract; in the event that any surplus Amount Is on depot In the Vendor Payable Account when an event of non- approptaton or default under the Contract
occurs, then those amounts stag be applied as provided In Section 10 of the Contract; regardless of whetter Obligor degvens a final Payment Request and Equipment Acceptance Farm, all
Contract Payments paid prior to delivery of all the Equipment shall be credited to Contrail payments as they become due under the Contract as set forth in Exhibit S.
Section 11.12 Resolution and Autiortzatlon. By spgning and attesting directly below, Obligor hereby warrants and certifies tat the 6a4enbcg Body of the Obligor at either a special or
regular meeting m through same other approved method of autrorization has determined that this Contract is in the best het rests of the Obligor and the Governing Body did at Stich
meeting or through some other approval method approve the entering into of the Contrail by the Obligor and specWw* designated and authorised the imgcddsalis) who have signed
directly below to execute this Contract on Obligors behalf along with any related docnmen (Including any Escrow Agreement) necauary to the comnu maton of the transaction
contemplated by the Contract .
Obligee arid ObW have caused this Contract to be executed in their names by their duly representatives listed below.
Village of Tequesta, Florida y e • First Capital Equipment leasing Corp.
Sipature % / sere --
jar—
Printed Name and Title Printed Name and Tile
Village of Tequesta, Florida
tt ted By Authorized Individual:s�
tt►uum �
s�
Lon McWilliams lia
Printed Name and Title � S!— c��+ —,t�rc
�%
> rb
're(,ri ®�e��gtftdtt,,,
edul 1
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of May 15, 2015, between First CapU Equipment Leaning Corp. (Obligee) and Village of
Tequesta, Ronde (Obligor)
Below Is a detailed description of all the items of Equipment Including quantity, model number and serial number where applicable:
Seven (7) 2015 Ford Police Interceptors with Upfitdng
Physical Address of Equipment after Delivery: 357 Tequesta Dr., Tequesta, FL 33469
Schedule (01)
EXHIBIT B
PAYMENT SCHEDULE
RE: Government Obligation Contract dated as of May 15, 2015, between First Capital Equipment Leasing Corp. (Obligee) and Village of
Tequesta, Florida (Obligor)
Date of First Payment: June 1, 2015
Original Balance: $240,657.82
Total Number of Payments: Thirty -Six (36)
Number of Payments Per Year: Twelve (12)
Actual Rate: 3.007%
Effective Annual Rate: 3.049%
Pmt Due Contract Applied to Applied to *Purchase
No. Date Payment Interest Principal Option Price
1 1- Jun -15 $6,991.80 $341.75 $6,650.05 $238,190.88
2 1- Jul -15 $6,991.80 $586.42 $6,405.38 $231,558.35
3 1- Aug -15 $6,991.80 $570.37 $6,421.43 $224,915.82
4 1- Sep -15 $6,991.80 $554.28 $6,437.52 $218,263.27
5 1- Oct -15 $6,991.80 $538.14 $6,453.66 $211,600.68
6 1- Nov -15 $6,991.80 $521.97 $6,469.83 $204,928.04
7 1- Dec -15 $6,991.80 $505.76 $6,486.04 $198,245.34
8 1- Jan -16 $6,991.80 $489.50 $6,502.30 $191,552.56
9 1- Feb -16 $6,991.80 $473.21 $6,518.59 $184,849.69
10 1- Mar -16 $6,991.80 $456.87 $6,534.93 $178,136.70
11 1- Apr -16 $6,991.80 $440.50 $6,551.30 $171,413.59
12 1- May -16 $6,991.80 $424.08 $6,567.72 $164,680.34
13 1- Jun -16 $6,991.80 $407.62 $6,584.18 $157,936.93
14 1 Jul - 16 $6,991.80 $391.12 $6,600.68 $151,183.35
15 1- Aug -16 $6,991.80 $374.58 $6,617.22 $144,419.58
16 1- Sep -16 $6,991.80 $358.00 $6,633.80 $137,645.61
17 1- Oct -16 $6,991.80 $341.37 $6,650.43 $130,861.43
18 1- Nov -16 $6,991.80 $324.71 $6,667.09 $124,067.01
19 1- Dec -16 $6,991.80 $308.00 $6,683.80 $117,262.34
20 1- Jan -17 $6,991.80 $291.25 $6,700.55 $110,447.41
21 1- Feb -17 $6,991.80 $274.46 $6,717.34 $103,622.20
22 1- Mar -17 $6,991.80 $257.62 $6,734.18 $96,786.70
23 1- Apr -17 $6,991.80 $24035 $6,751.05 $89,940.89
24 1- May -17 $6,991.80 $223.83 $6,767.97 $83,084.75
25 1- Jun -17 $6,991.80 $206.87 $6,784.93 $76,218.27
26 1- Jul -17 $6,991.80 $189.87 $6,801.93 $69,341.43
27 1- Aug -17 $6,991.80 $172.82 $6,818.98 $62,454.22
28 1- Sep -17 $6,991.80 $155.73 $6,836.07 $55,556.62
29 1- Oct -17 $6,991.80 $138.60 $6,853.20 $48,648.62
30 1- Nov -17 $6,991.80 $121.43 $6,870.37 541,730.20
31 1- Dec -17 $6,991.80 $104.21 $6,887.59 $34,801.34
32 1- Jan -18 $6,991.80 $86.95 $6,904.85 $27,862.03
33 1- Feb -18 $6,991.80 $69.65 $6,922.15 $20,912.26
34 1- Mar -18 $6,991.80 $52.30 $6,939.50 $13,952.00
35 1- Apr -18 $6,991.80 $34.91 $6,956.89 $6,981.24
36 1- May -18 $6,991.80 $17.4 $6,974.32 $0.00
Village of Tequesta, Florida �
�0
Signature
Michael R e Man Pir
Printed Name and 7 itle
*Assumes all Contract Payments due to latare
Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract.
Source of Funds : Vehicle Account
Schedule (011
EXHIBIT D
SIGNATURE CARD
RE: Government Obligation Contract dated as of May 15, 2015, between First Capital Equipment Leasing Corp. (Obligee) and Village of
Tequesta, Florida (Obligor)
The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making
payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below, the undersigned represents and warrants that s /he
has received all appropriate authority from Village of Tequesta, Florida.
Villa o Tecluest , Florida
S re
L. F1q, Chi Poke
Printed Aame and Title
Signatu of a ditional authorized individual (optional) of Obligor
Sign re
Donnid J_ Ricciardi, Asst Chief of Police
Printed Name and Title
Schedule (01)
EXHIBIT E
OBLIGOR ACKNOWLEDGEMENT
RE: Government Obligation Contract dated as of February 13, 2015, between First Capital Equipment Leasing Corp. (Obligee) and
Village of Tequesta, Florida (Obligor)
Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above - mentioned
Contract. (Only one entry per vendor) 14
Please complete the vendor & equipment information below each EQUIPMENT VENDOR. 4
(Attach additional pages as needed)
Vendor Name: —
Address: P.O. BOX 940005
City, State & Zip: Maitland, Florida 32794 -0005
Vendor Phone: (407) 644 -8111 Ext:
Contact /Sales Rep: Brooke Heath Please Provide Email: himokehna d onraidbrd_com—
Brief Equip. Description: Seven (7) 2015 Ford Pofice Interceptor Utility Vehicles
Equipment Amount ($): $1 83,050.00 Est. Delivery Date: May 2015
Vendor Name: Dana Safety Supply Inc
Address: 4832 N OrnnaP Rlaccom Trail
City, state & zip: Orlando, Florida 32810
Vendor Phone: (407) 401 -0605 Ext:
Contact /Sales Rep: Jeff BOebinaer Please Provide Email: yboebinger ,1dcs com
Brief Equip, Description: Police VehicleFCflllnmPnt
Equipment Amount ($):
$57, 607.82 Est. De livery — Date May 2015 _
Vendor Name:
Address:
city, State & Zip:
Vendor Phone: Ext:
Contact /Sales Rep: Please Provide Email
Brief Equip. Description:
Equipment Amount ($): Est. De Date:
Obligor will immediately notify Obligee if any of the information listed above is changed
NOTICE OF ASSIGNMENT
MAY 15, 2015
First Capital Equipment Leasing Corp. (Obligee /Assignor) hereby gives notice of an Assignment between Obligee /Assignor and KS StateBank
(Assignee) of the Government Obligation Contract (Contract) between Obligee /Assignor and Village of Tequesta, Florida, dated as of May 15, 2015.
All Contract Payments coming due pursuant to the Contract shall be made to:
KS StateBank
1010 Westloop, P.O. Box 69
Manhattan, Kansas 66505 -0069
First Capital Equipment Leasing Corp., Obligee /Assignor
Signature
Printed Name and Title
ACKNOWLEDGEMENT OF AND CONSENT TO ASSIGNMENT
Village of Tequesta, Florida (Obligor) as party to a Government Obligation Contract dated as of May 15, 2015 between Obligor and First Capital
Equipment Leasing Corp. (Obligee), hereby acknowledges receipt of a Notice of Assignment dated May 15, 2015 whereby Obligee gave notice of its
assignment to KS StateBank of its right to receive all Contract Payments due from Obligor under the Contract and hereby consents to that
Assignment. Pursuant to the Notice of Assignment from Obligee, Obligor agrees to deliver all Contract Payments coming due under the Contract
to:
KS StateBank
1010 Westloop, P.O. Box 69
Manhattan, Kansas 66505 -0069
Village of Tequesta, Florid
Signature
Mlchae
Printed Name and Title
INSURANCE REQUIREMENTS
Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the
Equipment.
A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is
delivered.
Insured: Certificate Holder:
Village of Tequesta, Florida KS StateBank
345 Tequesta Drive 1010 Westloop, P.O. Box 69
Tequesta, Florida 33469 Manhattan, Kansas 66505 -0069
1. Equipment Description
o Seven (7) 2015 Ford Police Interceptors with Upfitting
♦ Please include all applicable VIN's, serial numbers, etc.
2. Deductible
♦ The deductible amounts on the insurance policy should not exceed $15,000.00.
3. Physical Damage
♦ All risk coverage to guarantee proceeds of at least $240,657.82.
4. Liability
♦ Minimum Combined Single Limit of $1,000,000.00 on bodily injury and property damage.
5. Additional Insured and Loss Payee
♦ KS StateBank and /or Its Assigns MUST be listed as additional insured and loss payee.
Please forward certificate as soon as possible to: U 1.�'S
i�LE ASS �?' IZN Pt�t=
W ITH LI✓�95� cor�►i�T
Please complete the information below and return this form along with the Contract..
Village of Tequesta, Florida
Insurance Company: FM IT
Agent's Name: Dorothy Rollins _
Telephone #: (407) 367 -1798 _
F #: (407) 425 -9378 (Routin #1798)
Address: 301 S. Bronough Street, Suite 300
City, State zip: Tallahassee FL 32301
Email: — drollins @flcities.com __
INVOICE
DATE SENT: 05 -04 -2015
BILL TO: REMIT TO:
VILLAGE OF TEQUESTA, FLORIDA KS STATEBANK
ATTN: ACCOUNTS PAYABLE T
345 TEQUESTA DRIVE P@ 1380
TEQUESTA, FLORIDA 33469
FOR INQUIRIES: 800 - 541 -0114
ACC OUNT DATE PAYMENT DUE DATE TOTAL • D
3347714 At Closing At Closing $687.00
�I.�►,�E 2ESv�N - rHKc cePT9
DESCRIPTION AMO
GOVERNMENT OBLIGATION CONTRACT
DATED AS OF MAY 15, 2015
DOCUMENTATION FEE: $687.00
SEVEN (7) 2015 FORD POLICE INTERCEPTORS WITH UPFITTING
Additional interest will be assessed on any payment received after the due date.
$687.00 4
F°Or r 808" Information Return for Tax - Exempt Governmental Obligations
(Rev. September 2M 1) ► Under Internal Revenue Code section 149(e) OMS No. 15464M
Department of the Treasury ► See separate Instructions.
Internal Revenue Servtce Caution: Me Issue pr1w Is under $IW,000 use Form 803 8-13C
Re oling Authority If Amended Return, ehedc here ► ❑
1 Issuers name a Insuer s aapMyar tdwdlflcatlon number (EIPp
Village of Tequesla, Florida
Sa Name of persmr (otter then Issuer) %YM wham the IRS may co mnuntnsEa about tors return (see InsWctlons) 3b Telephone number of other person shown on 3a
4 Number and street (or P.O. bout If mail Is not delivered to anal address) Roomfaute 6 Report number (For IRS Use Only)
346 Irequesta Drive 1 -
a City, town, or pad dote, state, and ZIP coda 7 Dated Issue
Tequesta, Florida 33468 06115 2018
8 Name of talus 0 CUSIP number
Government Oblig Contract None
10a Name and title of carter or other employee of the Issuer calm the IRS may call for more Wormatlon (see 10b Telephone mrmber of d0em or other
Instructions) employee dw m at 10a
Jodl Forsythe, Finance Director 661) 768A424
Type of issue (enter the issue prlce� See the instructions and attach schedule.
11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 —
14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Other. Describe ► seven (7) 2o15 Ford Police Interceptors with upfiatrug 18 243167 82
19 If obligations are TAWS or RAWs, check only box 19a 1, ❑ _ ; .' ''' '. -
If obligations are BANs, check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . . ► ❑
20 If obligations are in the form of a lease or Installment sale, check box . . . . . . . . . . . . . .. ► ❑
Desdlpt(on of Obligations. Complete for the entire issue for which this form is being tiled.
(a) Fbarl y data (b) Issue price (C) Stated redemption (d) We�hted (e) Yield
price at mahutty average maturity
21 06/01!2018 $ 167.82 240 867.82 1.663 3.026 %
M Uses of Proceeds of Bond Issue (including underwriters' discount)
22 Proceeds used for ac cued Interest .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Issue price of entire Issue (enter amount from One 21, cohmrn (b)) .. . . . . . . . . 23 243167 82
24 Proceeds used for bond Issuance costs (including undern rifeW discouno . . . . 24 600 00
26 Proceeds used for credit enhancement . . . .. . . . . . . . . . . . 26
26 Proceeds allocated to reasonably required reserve or replacement fund . . . 26
27 Proceeds used to currently refund prior Issues . . .. . . . . . . . . . 27
28 Proceeds used to advance refund prior Issues . . . . . . . . . . . . . . 28
29 Total (add lines 24 through 28) 29 2,WD 00
3o Nonrefund ue of the Iss subtract Ilrce 29 tom One 23 and enter amount here 30 240,M7 82
Dmeri tlon of Refunded Bonds. Complete this part only for refunding bonds.
31 Ender the remaining weighted average maturity of the bonds to be currently refunded . . . . . . . . . .. . ► years
32 Futter the remaining weighted average maturity of the bonds to be advance refunded . . . . . . . . . .. . ► years
33 Enter the Last date on which the refunded bonds will be called (MMIMNYYY) . . . . . . . . . . . . . . ►
34 Enter the date(s) the refunded bonds were Issued ► (MMIDDNYY`n
For Paperwork Reduction Act Notice, see separate Instruction. Cat No. 63773S Form 803" (Rev. 9-2011)
Form 8038 -G (Rev. 9 -2011) Page 2
Miscellaneous _ __
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC)
(see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a
b Enter the final maturity date of the GIC ►
c Enter the name of the GIC provider ►
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
38a If this issue is a loan made from the proceeds of another tax - exempt issue, check box ► ❑ and enter the following information:
b Enter the date of the master pool obligation ►
c Enter the EIN of the issuer of the master pool obligation ►
d Enter the name of the issuer of the master pool obligation ►
39 If the issuer has designated the issue under section 265(b)(3)(B)(1)(III) (small issuer exception), check box . . . . . . . . . . . . ► (�
40 If the issuer has elected to pay a penally in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . ► ❑
41a if the issuer has identified a hedge, check here ► ❑ and enter the following information:
b Name of hedge provider ►
c Type of hedge Po-
d Term of hedge lo-
42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . ► ❑
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . . . . ► ❑
44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . . . . ► ❑
45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount
of reimbursement. . . . . . . . . . . lo-
b Enter the date the official intent was adopted ►
nder penalties of perjury, I declare that I have examined this return and accompanying schedules and slat ments, and to the best of my knowledge
Signature a nd belief, they are true, correct, and complete. I further declare that I consent to the IRS's discbsur issuee>Y6 ;u m information, as necessary to
process this return, to the person that I have Mhorized above 1
and �
Consent ' �• /�"' l �1 •"sre°
Signature of issu s au d epre entalKle Date Type or print name and title
PrintlType preparer's name parer's sig ure Date PT
iN
Paid os.,wwMaerKr�.en•� Check ❑ if /
v.��a. msns.s a:wr -0rar se lf - em ployed
Preparer H. Evan Howe 05104/2016 self - em P to y ed 01438994
Use Only Firm's Name ► Ba stone Financial LLC Firm's EIN ► 48- 1223987
Firm's Address ► 12980 Metcalf, Suite 310, Overland Park, KS 66213 Phone no. 800 752 -3562
Form 8038 -G (Rev. 9- 2011))