Loading...
Contract #3346161 Govt obligation contract Toro Reelmaster StaateBank 1680 Charles Place 877-587-4054 Manhattan, KS 66502 March 11, 2014 City of Salina, Kansas Mr. Rod Franz 300 West Ash Street Salina, KS 67402 Re: Government Obligation Contract dated as of February 10, 2014 between City of Salina, Kansas (Obligor) and Kansas State Bank of Manhattan (Obligee) / Contract #3346161 Dear Mr. Franz: Enclosed please find a fully executed copy of the above referenced Contract for your files. If you should have any questions, please do not hesitate to contact me. Your first payment on this Contract is due February 10, 2015 in the amount of $10,716.21. Unless we notify you otherwise, please mail all payments fo: Kansas State Bank Government Finance P.O. Box 69 Manhattan, KS 66505-0069 It has been a sincere pleasure working with you on this transaction. Please contact Kansas State Bank / Baystone Financial Group for any future financial needs you may have. I have enclosed a business card for quick reference. Please visit our website at www.baystone.net to learn more about our Simple Funding Program - Simple Application, Simple Contract, Simple Financing, Simple Solutions. Sincerely, Zed jear-40-- Mark Zwiertein Processing Associate Government Finance Department Enclosure r MEMBER FDIC I EQUAL HOUSING LENDER 0 MANHATTAN l JUNCTION CITY I-WICHITA I PHOENIX I ksstatebank.com • KS Small Ticket Non-App NBQ GOVERNMENT OBLIGATION CONTRACT Obligor - - Obligee City of Salina, Kansas - Kansas State Bank of Manhattan • 300 West Ash Street - 1010 Westloop; P.O. Box 69 Salina, Kansas 67401 Manhattan, Kansas 66505-0069 Dated as of February 10,2014 • • This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below. _ I. Definitions Section 1.01 Definitions.The following terms will have the meanings indicated below unless the context clearly requires otherwise: 'Additional Schedule'refers to the proper execution of additional schedules to Exhibit-A and Exhibit B,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'means the Obligor's fiscal year. 'Commencement Date'is the date when Obligor's obligation to pay Contract Payments begins. 'Contract'means this Government Obligation Contract and all Exhibits attached hereto,all addenda,modifications,schedules,refinancings,guarantees and all documents relied upon by . Obligee prior to execution of this Contract. 'Contract Payments'means the payments Obligor is required to make under this Contract as set forth on Exhibit B. 'Contract Term'means the Original Term and all Renewal Terms. 'Exhibit'includes the Exhibits attached hereto,and any"Additional Schedule',whether now existing or subsequently created. ' 'Equipment'means all of the items of Equipment listed on Exhibit A and any Additional Schedule,whether now existing or subsequently created, and all replacements,restorations, modifications and improvements. - "Government"as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended ("Code"),or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code. 'Obligee'means the entity originally listed above as Obligee or any of its assignees. • 'Obligor'means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. 'Original Term"means the period from the Commencement Date until the end of the Budget Year of Obligor. 'Purchase Price'means the total cost of the Equipment,including all delivery charges,installation charges,legal fees,financing costs,recording and filing fees and other costs necessary to vest full,clear legal-title to the Equipment in Obligor,subject to the security interest granted to and retained by Obligee as set forth in this Contract,and otberwise incurred in connection with the financing of this Equipment. 'Renewal Term'means the annual term which begins at the end of the Original Term and which is simultaneous with Obligors Budget year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. "State"means the state in which Obligor is located. II. Obligor Warranties Section 2.01 Obligor represents,warrants and covenants as follows for the benefit of Obligee or its assignees: - (a) Obligor is an"issuer of tax exempt obligations because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended,(the"Code')or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract;Obligor,and its officer executing this Contract,are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal,valid,binding and enforceable • obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential,traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental 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 exempt obligation for any reason,then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. - (f) Obligor has never non-appropriated funds under a contract similar to this Contract. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee,Obligor will provide Obligee with current financial statements,reports,budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response,Compensation and liability Act,42 U.S.0 9601 et.seq. as amended and supplemented. (j) Obligor hereby warrants the General Fund of the Obligor 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 Exhibit 9 hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year,and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (I) Obligor has selected both the Equipment and the vendor(s)from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant,vendor or distributor,or agent thereof,of such equipment to the public. (m) Obligor owns free and clear of any liens any additional collateral pledged,subject only to the lien described herein;Obligor has not and will not,during the Contract Term,create, permit,incur or assume any levies,liens or encumbrances of any kind with respect to the Equipment and any additional collateral except those created by this Contract. Section 2.02 Escrow Agreement.In the event both Obligee and Obligor mutually agree to utilize an Escrow Account,then immediately following the execution and delivery of this Contract, Obligee and-Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A,which shall be held,invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment,Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance.Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Execution of the Acceptance Certificate or,alternatively,Payment Request and Equipment Acceptance Form,by a duly authorized representative of Obligor,shall constitute acceptance of the Equipment on behalf of the Obligor. Section 3.02 Contract Payments.Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful,legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments,payable without notice or demand,are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s)were late,plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s)were late.Obligee shall also have the option,on monthly payments only,to charge a late fee of up to 10%of the monthly Contract • Payment that is past due.Furthermore,Obligor agrees to pay any additional fees/costs incurred by Obligee relating to Obligor's requirement that a certain payment mechanism be utilized. Once all amounts due Obligee hereunder have been received,Obligee will release any and all of its rights,tide and interest in the Equipment. SECTION 3.03 Contract Payments Unconditional.Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,DIMINUTION,DEDUCTION,SET-OFF,OR SUBJECT TO DEFENSE OR COUNTERCLAIM. Section 104 Purchase Option Price.Upon thirty(30)days written notice,Obligor shall have the option to pay,in addition to the Contract Payment,the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights,title and interest in the Equipment to Obligor. Section 3.05 Contract Term.The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. It after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term,Obligor has not nomappropriated as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION,MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBUGEE IS NOT A MANUFACTURER,VENDOR OR DISTRIBUTER,OR AGENT THEREOF,OF SUCH EQUIPMENT;NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC OBLIGEE SHALL NOT BE UABLE FOR ANY INCIDENTAL,INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION,OPERATION,POSSESSION,STORAGE OR USE OF THE EQUIPMENT BY OBUGOR. IV. Non-Appropriation - Section 4.01 Non-Appropriation. If insufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term and the funds to make such Contract Payments are otherwise unavailable by any lawful means whatsoever,then Obligor may non-appropriate the funds to pay the Contract Payments for the next Renewal - Term. Such non-appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing its obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years.If Obligor non-appropriates,then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terris shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid,the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as required. Obligor shall immediately notify the Obligee as soon as the decision to non-appropriate is made. If such non-appropriation occurs,then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee,then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. If Obligor non.appropriates under this section, then Obligor shall not purchase,lease or rent Equipment performing same or similar functions to those performed by the Equipment for a period of 360 days unless otherwise prohibited by public policy considerations. - V. Insurance,Damage,Insufficiency of Proceeds Section 5.01 Insurance. Obligor shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s)and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which'lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively,Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option,Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty(30)days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment.Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost,stolen,damaged,or destroyed by fire or other casualty,Obligor win immediately report all such losses to all possible Insurers and take the proper procedures to obtain all Insurance proceeds. At the option of Obligee,Obligor shall either(1)apply the Net Proceeds to replace,repair or restore the Equipment or(2)apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03,the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds.If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement,repair. restoration, modification or improvement of the Equipment,then Obligor shall, at the option of Obligee, either(1)complete such replacement,repair, restoration,modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or(2)apply the Net Proceeds to the Purchase Option Price and pay the deficiency,if any,to the Obligee. Section 104 Obligor Negligence. Obligor assumes all risks and liabilities,whether or not covered by insurance,for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties,and whether such property damage be to Obligor's property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response,Compensation and Liability Act,the Resource Conservatnn and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession,use,operation,condition or storage of any Equipment by Obligor),which is proximately caused by the negligent conduct of Obligor,its officers,employees and agents. Section 5.05 Indemnification. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities,obligations,losses,damages,penalties.claims,actions,costs and expenses(including reasonable attorneys'fees)of whatsoever kind and nature,imposed on,incurred by or asserted against Obligee that in any way relate to or arise out of a claim,suit or proceeding,based in whole or in part upon the negligent conduct of Obligor,its officers,employees and agents,or arose out of installation,operation,possession,storage or use of any item of the Equipment,to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01 Title.Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment.Title to the Equipment will automatically transfer to the Obligee in the event Obligor non-appropriates under Section 4.01 or in the event Obligor defaults under Section 9.01. In such event,Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6_02 Security Interest.To secure the payment of all Obligor's obligations under this Contract,as well as all other obligations,debts and liabilities,plus interest thereon,whether now existing or subsequently created,Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A,Including any and all additional collateral listed on any other Exhibit A. The security interest established by this section includes not only all additions,attachments,repairs and replacements to the Equipment but also all proceeds therefrom.Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even H attached to real property. - VII. Assignment Section 7_01 Assignment by Obligee.All of Obligee's rights,title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub- assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named In the notice of assignment.Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment • Obligor- None of Obligor's right,title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee-approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment ' - Section 8.01 Equipment Obligor shall keep the Equipment in good repair and working order,and as required by manufacturer's and warranty specifications. If Equipment consists of copiers,Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect,test,service,maintain,repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment,other than normal wear and tear,caused by Obligor,its employees or its agents. Obligor shall pay for and obtain all permits,licenses and taxes necessary for the installation,operation,possession,storage or use of the Equipment. If the Equipment includes any titled vehide(s),then Obligor is responsible for obtaining such titles)from the State and also for ensuring that Obligee is listed as First Uenholder on all of the tideis). Obligor shall not use the Equipment to haul,convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act,42 U.S.C„6901 et.seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements,affidavits,notices,and similar instruments,for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract.Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX., Default Section 9.01 Events of Default defined.The following events shall constitute an'Event of Default'under this Contract: (a) Failure by Obligor to pay any Contract Payment fisted on Exhibit B for fifteen(15)days after such payment is due according to the Payment Date listed on Exhibit B. (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen(15)days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period,then Obligee may,but will not be obligated to,make such payments and charge Obligor for all costs incurred plus Interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty,covenant,condition,promise or duty under this Contract for a period of thirty(30)days after written notice specifying such failure is given to Obligor by Obligee,unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold Its consent to an extension of time if corrective action is instituted by Obligor. Subsection(c)does not apply to Contract Payments and other payments discussed above. (d) Any statement,material omission,representation or warranty made by Obligor in or pursuant to this Contract which proves to be false,incorrect or misleading on the date when made regardless of Obligors intent and which materially adversely affects the rights or security of Obligee under this Contract (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Except as provided in Section 4.01 above,Obligor admits in writing its inability to pay its obligations. (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 creditors,applies for or consents to the appointment of a receiver, trustee,conservator,custodian,or liquidator of Obligor,or all or substantially all of its assets,or a petition for relief is filed by Obligor under federal bankruptcy,insolvency or similar laws,or is filed against Obligor and is not dismissed within thirty(30)days thereafter. Section 9.02 Remedies on Default.Whenever any Event of Default exists,Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract,Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract,Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen(15)days after the Event of Default Occurs.If Obligor fails to deliver the Equipment and any additional collateral,Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge Obligor for cost incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral,Obligor shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral caused by Obligor or its employees or agents. (c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including,but not limited to,reasonable attorney fees. Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall Impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender:The Obligor shall,at its own expense,surrender the Equipment,any Additional Collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default or a non-appropriation by delivering the Equipment and any Additional Collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any Additional Collateral consists of software,Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee's request,Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligors locations to verify compliance with the terms hereto. (b) Delivery:The Equipment and any Additional Collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any Additional Collateral is delivered into the custody of a common carrier,the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee's instructions and at the Obligor's sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any Additional Collateral or its component parts from the Obligors property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any Additional Collateral and all of the component parts of the Equipment and any Additional Collateral carefully and in accordance with any recommendations of the manufacturer. The- Obligor shall deliver to the Obligee the plans,specifications,operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any Additional Collateral and such other documents in the Obligor's possession relating to the maintenance and methods of operation of such Equipment and any Additional Collateral. (c) Condition:When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory _conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment,once it is returned,is not in the condition required hereby,Obligee may cause the repair,service,upgrade,modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand,Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage:Upon written request by the Obligee,the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. X. Miscellaneous Section 10.01 Notices.AB notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at their respective places ' of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02 Binding Effect.Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction,and Obligee has executed the Contract. Thereafter,this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns.- Section 10.03 Severability.In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.04 Amendments,Addenda,Changes or Modifications.This Contract may be amended,added to,changed or modified by written agreement duly executed by Obligee and - Obligor. Furthermore,Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor, a reasonable fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment,addenda,change or modification. Section 10.05 Execution in Counterparts.This Contract may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument Section 10.06 Captions.The captions or headings in this Contract do not define,limit or describe the scope or intent of any provisions or sections of this Contract. Section 10.07 Master Contract-This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B,as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govem each Additional Schedule. Section 10.03 Entire Writing,This Contract constitutes the entire writing between Obligee and Obligor. No waiver,consent,modification or change of terms of this Contract shall bind either . party unless in writing and signed by both parties,and then such waiver,consent,modification or change shall be effective only In the specific instance and for the specific purpose given. There are no understandings,agreements,representations,conditions,or warranties,express or implied,which are not specified herein regarding this Contract, the Equipment or any additional collateral,financed hereunder.Any teems and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. • , Section 10.09 Kansas Cash Basis Law.The amount or capital cost required to purchase the Equipment if the Obligor paid cash for the Equipment on the day the Contract is booked is the amount listed on Exhibit B,plus any down payment made by the Obligor. The Annual average effective interest cost is also listed on Exhibit B. There are NO amounts included in the Contract Payments for services,maintenance,insurance or other charges. Section 10.10 Acceptance of Equipment Certification.By signing and attesting directly below,Obligor hereby certifies that the Equipment described directly below in Exhibit A has been delivered and installed in accordance with Obligor's specifications. Obligor further certifies that they have conducted such inspection and/or testing of the Equipment as it deems necessary • and hereby acknowledges that it accepts the Equipment for all intended purposes. Section 10.11 Resolution and Authorization. By signing and attesting directly below,Obligor hereby warrants and certifies that the Governing Body of the Obligor at either a special or regular meeting or through some other approved method of authorization has determined that this Contract is in the best interests of the Obligor and the Governing Body did at such meeting or through some other approval method approve the entering into of the Contract by the Obligor and specifically designated and authorized the individual(y)who have signed directly below to execute this Contract on Obligor's behalf along with any related documents (including any Escrow Agreement)necessary to the consummation of the transaction contemplated by the Contract Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below. City of Salina, Kansas Kansas State Bank of Manhattan Signal re �I 6-61-3a ] Signature -▪� 0.Sgrt H-, c-i E+( 141 4,1_4s/fr.- .Marsha Jarvis,Vice Pres' ent Printed Name and Title ' Printed Name and Title • City of Salina, Kansas Attested By Authorized Individual: -sad r C1 k'i Signature -.ar, ; W d icKs , kicifirn G+9 OrrL Printed Name and Title vjv OFSA(,�� A-. • ..tlIZE0••.9 4 LL i t j I. 1870 ? �� YET • • • • Schedule(01) EXHIBIT A • DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of February 10,2014,between Kansas State Bank of Manhattan(Obligee)and City of Salina, Kansas(Obligor) - Below is a detailed description of all the items of Equipment including quantity,model number and serial number where applicable: One (1) Toro Reelmaster 5510 Fairway Mower, SN: 314000160 with Five (5) 11 Blade Cutting Units, 5N: 313002053, 313002054, 313002055, 313002056,313002059 • • U140 k Physical Address of Equipment after Delivery: 2500 East Crawford,Salina,KS.67487 • Schedule 1011 EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of-February 10,2014,between Kansas State Bank of Manhattan(Obligee)and City of Salina, Kansas(Obligor) . Date of First Payment: February 10,2015 Original Balance: $30,000.00 Total Number of Payments: Three(3) Number of Payments Per Year: One(1) Interest Rate: 3.540% Pmt Due Contract Applied to Applied to 'Purchase No. Date Payment Interest Principal Option Price • 1 10-Feb-15 $10,716.21 51,062.00 $9,654.21 $20,434.04 2 10-Feb-16 $10,716.21 $720.24 $9,995.97 $10,379.89 3 10-Feb-17 $10,716.21 $366.39 $10,349.82 $0.00 Cit of Salina, K sas ' I Sign 're 0 f_Ca Sort A . G-a5e_ C f11 IM c.oa r Printed Name and Title 'Assumes all Contract Payments due to date are paid 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: Golf Course Fund • Fom0038-GC Information Return for Small Tax-Exempt (Rev.January 2012) Governmental Bond Issues, Leases, and Installment Sales OMB No.1545-0720 Department of the Treasury • Under Internal Revenue Code section 149(e) Internal Revenue Service Caution:If the issue price is$100,000 or more,use Form 8038-G. Eta Reporting Authority - Check box if Amended Return ► ❑ 7 Issuer's name 2 Issuers employer identification number(EIN) City of Salina,Kansas - 48 1 6017228 3 Number and street(or P.O.box if mad is not delivered to street address) Room/suae 300 West Ash Street - 4 City,town,or post office,state,and ZIP code 5 Report number(For IRS Use Only) Salina,Kansas 63692 6740 ! I i mss: i'' '' 6 Name and tile of otter or other employee issuer or designated contact person when the IRS may call for more information 7 Telephone number of officer or legal representative ROD FRANZ, DIRECTOR OF FINANCE 785-309-5735 Part It Description of Obligations Check one: a single issue R or a consolidated return ❑ . Be Issue price of obligation(s)(see instructions) 8a 30,000 100 b Issue date(single issue)or calendar date(consolidated).Enter date in mm/ddlyyyy format(for . P ;*ems F'�rt +' example,01/01/2009)(see instructions) 10- - 02/10/2014 ,�}sg � x^` c.w. (S 9 Amount of the reported obligation(s)on line 8a that is: �"� a For leases for vehicles 9a b For leases for office equipment 9b c For leases for real property - 9c d For leases for other(see instructions) 9d 30,000 100 e For bank loans for vehicles _ 9e I f For bank loans for office equipment - 9f g For bank loans for real property 9g h For bank loans for other(see instructions) 9h i Used to refund prior issue(s) Si j Representing a loan from the proceeds of another tax-exempt obligation(for example,bond bank) 9j k Other 9k - I 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III)(small issuer exception),check this box • ❑ 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check this box(see instructions) • ❑ 12 Vendors or bank's name: Kansas State Bank of Manhattan 13 Vendor's or bank's employer identification number: 48 :0760380 - Jnder penalties of perjury,I declare that I have examined this retum and accompanying schedules and statements,and to the best of my knowledge and belief, hey are true,correct,and complete.I further declare that I consent to the IRS's disclosure of the issuer's return' formation,as necessary to Signature process this ret ,to person that I have authorized above. �,//� _�L'L f V Consent � T/ 2.-7/9/ 22"Y ' LF!`tdJ2' Q «' acres-t•-( Signs re of is 's authorize. •resentetive Date Type or print name and title Print/Type preparer's name soarers sinnature .r_y. Date PTIN Paid /I f Check❑B Preparer H.Evan Howe I`t' 6 _ t��""�-d am--=°'� 02/11/2014 self-employed P01438994 Use Only Firm's Name► Baystone Financial LLC Firm's EIN• 48-1223987 Finn's Address• 5350 College Blvd.,Overland Park,KS 66211 Phone no. (800)752-3562 General Instructions Who Must File pay a penalty in lieu of arbitrage rebate(see the Section references are to the Internal Revenue Issuers of tax-exempt governmental obligations line 11 instructions). Code unless otherwise noted. with issue prices of less than 5100,000 must file Filing a consolidated return for multiple What's New Form 8038-GC. issues.For all tax-exempt governmental The IRS has created a page on IRS.gov for Issuers of a tax-exempt governmental obligation obligations with issue prices of less than information about the Form 8038 series and its with an issue price of 5100,000 or more must file $100,000 that are not reported on a separate instructions,at 1vwv7.irs.gov/form8038. Form 8038-G,Information Return for Tax- - Form 8038-GC,an issuer must file a Information about any future developments Exempt Govemmental Obligations. consolidated information return including all affecting the Form 8038 series(such as Filing a separate return for a single issue. such issues issued within the calendar year. legislation enacted aftrer we release it)will be Issuers have the option to file a separate Form Thus,an issuer may file a separate Form 8038- posted on that page. 8038-GC for any tax-exempt governmental GC for each of a number of small issues and Purpose of Form obligation with an issue price of less than report the remainder of small issues issued $100,000. during the calendar year on one consolidated Form 8038-GC is used by the issuers of tax- Form 8038-GC.However,if the issue is a exempt governmental obligations to provide the An issuer of a tax-exempt bond used to finance construction issue,a separate Form 8038-GC IRS with the information required by section construction expenditures must file a separate must be filed to give the IRS notice of the 149(e)and to monitor the requirements of Form 8038-GC for each issue to give notice to election to pay a penalty in lieu of arbitrage sections 141 through 150. - the IRS that an election was made to rebate. Cat.No.641088 Form 8038-GC (Rev.1-2012) 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: City of Salina,Kansas Kansas State Bank of Manhattan 300 West Ash Street 1010 Westloop,P.O.Box 69 Salina,Kansas 67402 Manhattan,Kansas 66505-0069 1. Equipment Description • One(1(Toro Reeimaster 5510 Fairway Mower • Please include all applicable VIN's,serial numbers,etc. 2. Physical Damage • All risk coverage to guarantee proceeds of at least$30,000.00. 3. Liability • Minimum Combined Single Limit of$500,000.00 on bodily injury and property damage. 4. Additional Insured and Loss Payee • Kansas State Bank and/or Its Assigns MUST be listed as additional insured and loss payee. Please forward certificate as soon as possible to: Fax:(785)587-4016 or Email:mzwierlein @ksstatebank.com Please complete the information below and return this form along with the Contract. City of Salina,Kansas Insurance Company: TQ I14s -Pt'SS) l� /1 Agent's Name: �SSLCY�Y1f P fr ,?+/-IE�Y , All Telephone#: .785- L-ig3-y 3,3(o Fax4: 40S edS ISr Address: ADci Da ' . oI'1 I U City,State Zip: I I' eV KS l0--4-y Email: O lj e) L I.. . S U-r. • Policy Change Request Assurance Partners 2/18/2014 2090 S. Ohio P.O. Box 1213 C14021845875 Salina KS 67402-1213 Memo COMPANY INSURED Travelers Travelers Property Casualty Co of America City of Salina 7465 West 132nd Street Attn: Nancy Schuessler 300 W Ash, Room 202 Overland Park KS 66213 Salina KS 67401 REGARDING POLICY NUMBER Add KS St Bank as LP - IM 6306976X333TIL13 EFFECTIVE DATE OF CHANGE POLICY PERIOD 2/18/2014 6/30/2013 - 6/30/2014 DESCRIPTION COMMERCIAL INLAND MARINE Line of Business: Inland Marine (C) , H6301431R141TIL10 EQUIPMENT FLOATER Equipment Summary Category: Miscellaneous Equipment Summary - Additional Interests 1) ADD Kansas State Bank of Manhattan, Loss payee Address: 1010 Westloop, Manhattan, KS 66502 Fax: (785)587-4016 Item Description: Toro Reelmaster 5510 Fairway Mower • RECIPIENT ATTN: IF ANY OF THE ABOVE INFORMATION IS INCORRECT OR DOES NOT MEET WITH YOUR DESIRES PLEASE CONTACT OUR OFFICE IMMEDIATELY. THANKS! FROM:Alicia Weiland Assurance Partners Phone: (785)493-4326 Fax: (785)825-5098 aweiland @yourassurance.com ACCPRO DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 2/18/2014 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE (800)563-1871 COMPANY (A/C,No,Ex* Assurance Partners Travelers Property Casualty Co of America 2090 S. Ohio 7465 W. 132nd St. P.O. Box 1213 Salina KS 67402-1213 Overland Park KS 66213 FAX (A/C,No(:(785)825-5098 I ADpRIESS: mskidmore @yourassurance._ CODE: OF4771 LUB CODE: AGENCY 00000301 CUSTOMER(D#: INSURED LOAN NUMBER POLICY NUMBER City of Salina I6306976X333TIL13 Attn: Nancy Schuessler EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 300 W Ash, Room 202 6/30/2013 6/30/2014 TERMINATED IF CHECKED Salina KS 67402-0736 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/D E SC RI PTI O N Loc# BLNKT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/PERILS/FORMS I AMOUNT OF INSURANCE I DEDUCTIBLE BLNKT, Miscellaneous, Unscheduled Equip, Toro Reelmaster 5510 Fairway 30,000 Mower REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST (785) 587-4016 MORTGAGEE _ ADDITIONAL INSURED Kansas State Bank of Manhattan X LOSS PAYEE 1010 Westloop LOAN# Manhattan, KS 66502 AUTHORIZED REPRESENTATIVE • • • Alicia Weiland/AWEILA 111 # I ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. INS027(200917102 The,arrmin namo and Innn arc ronictornrl markc of Af'f1Rn ACORD DATE(MM/DD/YYYY) CO EVIDENCE OF PROPERTY INSURANCE 2/18/2014 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE (800)563-1871 COMPANY (A/C,No Ext): Assurance Partners Travelers Property Casualty Co of America 2090 S. Ohio 7465 W. 132nd St. P.O. Box 1213 Salina KS 67402-1213 Overland Park KS 66213 INC. No):( ADDRESS:825-5098 ADDRESS: mskidmore @yourassurance. CODE: OF4771 SUB CODE: AGENCY 00000301 CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER City of Salina 6306976X333TIL13 Attn: Nancy Schuessler EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 300 W Ash, Room 202 6/30/2013 6/30/2014 TERMINATED IF CHECKED Salina KS 67402-0736 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Loc# BLNKT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE I PERILS!FORMS I AMOUNT OF INSURANCE DEDUCTIBLE BLNKT, Miscellaneous, Unscheduled Equip, Toro Reelmaster 5510 Fairway 30,000 Mower • REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST (785)567_4016 MORTGAGEE _ ADDITIONAL INSURED Kansas State Bank of Manhattan X LOSS PAYEE 1010 Westloop LOAN# Manhattan, KS 66502 AUTHORIZED REPRESENTATIVE Alicia Weiland/AWEILA afzvi_cd-Lti_aartd_i• • ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. INS027 1700917107 The ArflP l name and Innn arc rcnicfarcri marlrc of Arflpfl Form 8038-GC Information Return for Small Tax-Exempt (Rev.January 2012) Governmental Bond Issues, Leases, and Installment Sales OMB No.1545-0720 Department of the Treasury • Under Internal Revenue Code section 149(e) Internal Revenue Service Caution:If the issue price is$100,000 or more, use Form 8038-G. -Part I . Reporting Authority • Check box if Amended Return ■ ❑ 1 Issuer's name 2 Issuer's employer identification number(EIN) City of Salina,Kansas 48 6017228 3 Number and street(or P.O.box if mail is not delivered to street address) Room/suite 300 West Ash Street 4 City,town,or post office,state,and ZIP code 5 Report number(For IRS Use Only) Salina,Kansas 67402 'i4` f== _'IY`' 6 Name and title of officer or other employee issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative Part II Description of Obligations Check one: a single issue IA or a consolidated return ❑ . 8a Issue price of obligation(s)(see instructions) 8a 30,000 00 b Issue date(single issue)or calendar date(consolidated).Enter date in mm/dd/yyyy format(for " t example,01/01/2009)(see instructions) • 02/10/2014 9 Amount of the reported obligation(s)on line 8a that is: .._ a For leases for vehicles 9a b For leases for office equipment 9b c For leases for real property 9c d For leases for other(see instructions) 9d 30,000 00 e For bank loans for vehicles 9e f For bank loans for office equipment 9f g For bank loans for real property 9g h For bank loans for other(see instructions) 9h i Used to refund prior issue(s) 9i j Representing a loan from the proceeds of another tax-exempt obligation(for example,bond bank) 9j k Other 9k 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III)(small issuer exception),check this box • ❑ 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: Kansas State Bank of Manhattan _ 13 Vendor's or bank's employer identification number: 48 :0760380 Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief, they are true,correci,,and coiplete.I further declare that I consent to the IRS's disclosure of the issuer's return information,as necessary to Signature process this return d the ptirdon that I have authorized above. Q� �V and /0f77-1 l c �� rat t Consent 3 ' r Signature orissuer's au •,.rized represent Ave Date Type or print name ancr title Print/Type preparer's name Preoarnature wE- Date Check❑if PTIN Paid H.Evan Howe t�7ow A�°" «g°" 02/11/2014 self-employed P01438994 Preparer Use Only Firm's Name• Baystone Financial LLC Firm's EIN• 48-1223987 Firm's Address• 5350 College Blvd.,Overland Park,KS 66211 Phone no. (800)752-3562 General Instructions Who Must File pay a penalty in lieu of arbitrage rebate(see the Section references are to the Internal Revenue Issuers of tax-exempt governmental obligations line 11 instructions). Code unless otherwise noted. with issue prices of less than$100,000 must file Filing a consolidated return for multiple What's New Form 8038-GC. issues.For all tax-exempt governmental The IRS has created a page on IRS.gov for Issuers of a tax-exempt governmental obligation obligations with issue prices of less than information about the Form 8038 series and its with an issue price of$100,000 or more must file $100,000 that are not reported on a separate instructions,at www.irs.gov/form8038. Form 8038-G,Information Return for Tax- Form 8038-GC,an issuer must file a Information about any future developments Exempt Governmental Obligations. consolidated information return including all affecting the Form 8038 series(such as Filing a separate return for a single issue. such issues issued within the calendar year. legislation enacted aftrer we release it)will be Issuers have the option to file a separate Form Thus,an issuer may file a separate Form 8038- posted on that page. 8038-GC for any tax-exempt governmental GC for each of a number of small issues and Purpose of Form obligation with an issue price of less than report the remainder of small issues issued $100,000. during the calendar year on one consolidated Form 8038-GC is used by the issuers of tax- Form 8038-GC.However,if the issue is a An issuer of a tax-exempt bond used to finance exempt governmental obligations to provide the construction expenditures must file a separate construction issue,a separate Form 8038-GC IRS with the information required by section must be filed to give the IRS notice of the 149(e)and to monitor the requirements of Form 8038-GC for each issue to give notice to election to pay a penalty in lieu of arbitrage sections 141 through 150. the IRS that an election was made to rebate. Cat.No.641080 Form 8038-GC (Rev.1-2012) 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested(structure of the transaction)and which are on the Payment Schedule. 1. Please review our responses for accuracy.If anything is inaccurate,please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate,please sign where indicated and return with the document package. 3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form,we will make such changes and provide notification to you. 4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formslnstructions.html,or contact your local IRS office. • Rum A.:i IA;1 ta o 11A r•',I u J 'i:.:!::.,t-1,;?;.,.? ,,,::::71:1 ? Li f : `i.'-'1 U(-3 L;:&,1.,-,, :L.:: HOUSTON KANSAS CITY SAN ANTONIO TULSA DALLAS/FT.VIORTH PH(713) 983-0700 e PH (913) 599-1449 `L' PH(210)666-0808 ,-, PH (918) 622•8676 s PH (817) 785-1900 FAX(7)3) 896-0988 FAX(913) 599-0667 FAX;210) 666-0111 FAX (918) 663-0)16 F,AX(8171 785-1901 PRLION'At vow,/p rotu rf.co m . PLEASE FORWARD ALL PAYMENTS Tn: . ... .,.. ' . PO. BOX 201349 :no;:w.iffi . i im. , INVOICE I DALLAS, TX 75320-1349 i • •- -I- • ...... _ ..., ...„ !kg:IctimF.J-i• DA-I•r: 1 i UuMEI4 ' 1 . FOR QUESTIONS REGARDING YOUR ACCOUNT Q04583,A10; - -0";:124714---- " ' PLEASE CONTACT ACCOUNTS R.F.-°.0EIVABLE AT; : ciRJTOMR i PAVMENi NMiBEFI ! YENMS . -.' co p.. - - a , 7 7 g rji, ';c-- ' ' ' '' —500 C10Ur L .Y .4 Page # 1 .0*;,J;v,:.„ Woi-40 SALINA MUNICIPAL GOLF COURSE WWT:',.:;Mi SALINA MUNICIPAL GOLF COURSE i0W0- 1'. ATTN: MARK LYTLE, SUPT (.1; ATTN: MARK LYTLE, SUPT ..P, 2500 EAST CRAWFORD 2500 EAST CRAWFORD SALINA, KS 67401 ' SALINA, KS 67401 t-P 1,12-OgiRigiT,LIniacelf,M,Zarkar.act&MMW; aardiZAKTO:lfig.0;14ffifelgta-Talgaff-AKA*NATA'.17g.10:W°zi4„1-1 - I ! i ! 1 i I . Shop Delv KANS 02/24/14 GREGG SNYDER 140000600'0f ------------ , - ----,. - ,.,-,,,,,--,--....,,,v,wi,j--."--77-,:,.4.0g-, ,,--,,,-,,,,,-..-,- , - ..**,,,-1-,, •,,,,„,"A ,t,,E„.- Fr-651g44:7;;;,.7.' "ditaiMM Wis.!1Z.fte-,ebLYWV4:1Z:N:Zi*:Z..,1t.e trit- ITAVits 6 u ,-..s....'-Sv■ZzA.W.1,-,'-:,-'--.4'Pt i 44":;,..,.:4',24r*-4,EpTEN 1 V:fr r:,7i.;:i*Of,,o,,,R up;AlEseRprimm,i4mnp,Dtte,TmumtkEyw woito-4,w01,-- -t.Ifli ."„ hr.:.,: *.,4*-Y411/4.'..,-V. .-10-'tr.v4:10:pi, Tisti-'--A-VA iir-,751 ,-.4,:gti,,,„;,-,4,,-i..,.,,y,:t.,-,w, ;,_g,...,4,,,,:,--,---r-,:t4-so,Alp--,-4,-..*...1.--4, _..„ ,4. _ -„,,„::::,,,,,,,,;--- jr,---,--,-- w -irt•-- T.' ,--,'• ,,i',:-- -C%I:4W. -' ,.... ,4, -;': ■ 1 1 , • . , . ? 1' REELMASTER 5510 ; 0.3680T1 II 0 1 • EACH 41084.44000 ' 41084.44 • i Serial 4: 314000160 . . 2 11 GLADE CUTTING UNIT RA 03697 5 I 0 i 5 ! EACH ' 0.00000 0.00 Serial 1/: 313002053 , 313002054 313002055 313002056 313002059 1 3, POWERED REAR ROLLER URUS 1 03688 I s i 0 ; 5 EACH 1 0.00000 i 0.00 41 MVP FUTER KIT-RM5XXX (2 1 30054 1 i 0 1 , EACII ' 1- EACH 0.00000 . 0.00 51 DESTINATION CHARGES i DESTINATION CHARGE 1-) 0 2.88000 1 2.88 - 61. SETUP 1 setup . 4.11 0 i a.) HOUR i 0,00000 1 0.00 : - . , i ISub-Total 41081-.56 • 08879 peek , . .• • , • . ; . . , . . • . . , . . , . - . ' • , . • . , , . - . _ • , . , Ii _,.. ... -- , , . . • - " I. A S I PAGE ''''" . • • • 'n",,w T. '"•••' 1 • ' 20 i I OTHER CHARGE I . 6! I:,,-4 g A ti,..,Z . . .1 , 20 I-- ,s:I-IIPPINGiriANDLINGeENVIR::.`N. 0.00 NO MERCHANDISE RETURNABLE WITHOUT PRIOR AU THORIZATION. RETURNED GOODS SUE.IECT TO 25% -- - 0.00 SALES TAX i 1._ . REHANDLING CHARGE, INTEREST AT rr-tE RATE OF 11/2% PER MONTH WILL SE CI-IARGED ON PAST DUE 0.00 I ACCOUNTS Taffki_ ,.... . ._. ..,.___..,... ---, 41081.56 "" ; E P R' T *" 5004'583-00 SALINA MUNICIPAL GOLF COURSE ATTN: MARK LYTLE, SUPT 2500 EAST CRAWFORD SALINA MUNICIPAL GOLF COURSE SRO Number Tech SALINA, KS 67401 ATTN: MARK LYTLE, SUPT 553140-000 HI`D 2500 EAST CRAWFORD SALINA, KS 67401 card 07:54 • SALINA MUNICIPAL GOLF COURSE Shop DeIv ATTN: MARK LYTLE, SUPT 2500 EAST CRAWFORD 253 KS KANS TAG AND HOLD SALINA, KS 67401 so 5002984 1ST TEE 01/29/14 140000003-001 Net 10 Days Shop Delv 5004583-00 1 • 1 1 EACH REELMASTER 5510 New Part 03680N 1 0 41084.44 0 41084.44 Serial 6: 314000160 3 5 EACH POWERED REAR ROLL New Part 03688 5 0 0.00 0 0.00 2 5 EACH 11 BLADE CUTTING New Part 03697 • 5 0 0.00 0 0.00 Serial 5: 313002053 • Serial 6: 313002054 Serial 5: 313002055 Serial 5: 313002056 Serial 9: 313002059 4 1 EACH MJP'FILTER KIT-RM New Part 30054 1 0 0.00 0 0.00 5 1.00- EACH DESTINATION CHARG New Part DESTINATION CHARGE 1.00- 0 2.88 0 2.88- • • LAST PAGE Total Lines: 5 Tonal Weigh 2698.9 Picked By: Date Picked: • • PROFESSIONAI - Signature upon delivery-Thank You! • CERTIFICATE OF DELIVERY `s5'` ''" 3:.Er _` . RW,• Count on It. Product Name k /4/5i2-4_ a ,`' i., " `!,' Model Numbers 03(- /V Customer Si'+L� - /zit' < '�' C-s= Serial Numbers 3/zkei-7/(L2 Location 54-..-r-A-/ /73: This Certificate of Delivery/Inspection form must be completed for each product before delivery to the customer. As each item is • completed,it must be acknowledged by a check mark(I)indicating completion. The Service Manager and the Distribution Manager must sign this form. The customer is also requested to review and sign this form at the time of delivery. This form is to be used in conjunction with all pertinent pre-delivery and delivery instructions as outlined in The Toro Service Operating System. SERVICE FINAL INSPECTION Basic Checks Power Transfer(e.g. gear boxes) Operational Checks .a Grease fittings are lubricated p-- Fluid level is correct Fasteners are secure Engine (starts, runs, etc.) Gauges read correctly S Tire pressure is correct Attachments/Accessories p Implement is functional 2- Drive belts are adjusted e- Set to standards e- Verified correct height of cut p- Set to customer order p" Brakes-uniform/effective p- Safety interlocks function Bench Set HOC ' 33 Framework and Sheet Metal correctly • I Inspected for paint, decal, .` Steering is straight/smooth Engine and metal damage ,2 Levers operate smoothly p- Fluid levels are correct Air intake system is sealed I certify that this unit has been set-up,inspected Hydraulic System and serviced in accordance with the pre-delive !a B Fluid level is correct instructions of The Toro Service Operating 0 l O j LLL L 1.� ,.C ttt �YG� it)) - Id' Test all Basic Functions Service/Setup Manager Signature Date b/ f DISTRIBUTOR PRE-DELIVERY PROCEDURE ll . Delivery Portfolio Complete Safety Interlock System Basic Operations Al Operator/Safety Video Perform Safety Interlock Test 2( Start '';t Operators & Parts Manuals per Owners Manual "-.d Test Brakes &Throttle .. Recommended Parts List Customer Satisfaction Check ',,zf Test all Basic Functions Distributor Resources Info Cleanliness/ Fuel Level ,l Salesperson Notified of Service Manual /6 Inspect for fluid leaks Delivery Satisfaction Follow-up ' a� i0 - �L-sL/ Z—ZLl 1 r Distribution Manager Signature Date SALESPERSON FOLLOW-UP (MUST OCCUR WITHIN 3 DAYS OF DELIVERY) Demonstrate Operations Discuss Maintenance Requirements . ❑ Review Safety Features ❑ Review Recommended Maintenance Schedule (Daily ❑ Review Basic Operations and Scheduled maintenance) ❑ Review Basic Adjustments ❑ Review maintenance requirements(unique to ❑ Operator demonstrates basic operation skills climate) ❑ Review any unique operating characteristics ❑ Review specialty tools available ❑ Attachments as stated on sales order ❑ Is this equipment leased? ❑ Yes ❑ No ❑ Is this equipment covered by Toro Protection Plus? ❑ Yes ❑ No Salesperson Signature Date CUSTOMER ACCEPTANCE II. I have received the operator/safety video and understand that it should be viewed for important product r operation information • ,t7 I have re-v_}ewe?'and understand the Toro warranty and Toro Protection Plus (TPP)and decided to L accept`/decline,(circle one)TPP % The pre'ventati've maintenance information for this product has been supptie3' ' p The safety features of this product have been reviewed with me . 7 �r`� i I have received the operator's manual for this product a. .)-'1L}-{L. Part#99021SL White-Customer Yellow-Service Pink-Sales Customer Signature Date Revised 10/02/2006 • 11[/r7 Department of Treasury Notice CP152 Internal Revenue Service Tax period February 28,2014 IRS Ogden UT 84201-0074 Notice date May 19, 2014 Employer ID number 48-6017228 • To•contact us _ Phone 1-877-829-5500 . . FAX801-620-5670 015772.294280.57782.4790 1 AT 0.406 373 Pagel of 1 • ' - • Jf���Jttlllltf�lll� 11 �'I��� 111rIIllllll'Illlll��lll'I�rr�l - . - . • CITY OF SALINA • . OFFICE OF CITY CLERK • PO BOX 736 SALINA KS 67402-0736 015772 Acknowledgment of your February 1Q 2014 Form 8038-GC We received your tax-exempt bond form • _ - This notice serves as official acknowledgment Tax-exempt bond information that we received your Form 8038-GC. If you filed more than one form, you will receive a Issue date February 10, 2014 separate acknowledgment for each one. Issue price $30,000.00 IRS report number 501 Important reminders • Attach a copy of this notice to all of your correspondence and documents related to this tax-exempt bond. • If a tax practitioner or someone else prepared your form,you may want to give them a copy of this notice. (A copy was automatically sent to all representatives authorized with a Power-of-Attorney for this form.) Additional information • Visit www.irs.gov4152. • For tax forms, instructions, and publications, visit www.irs.gov or call 1-800-TAX-FORM(1-800-829-3676). • If you have questions about tax-exempt bonds, call TEGE Customer Account Services at 1-877-829-5500. • Keep this notice for your records. - -- _ If you need assistance, please don't hesitate to contact us. • •