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HomeMy WebLinkAboutAGMT - De Lage Landen Publiuc Finance LLC (State and Local Government Lease-Purchase Agmt)loo --too *:�90;to, De Lage Landen Public Finance LLC State and Local Government Lease -Purchase Agreement 1111 Old Eagle School Road PHONE (800) 736-0220 Wayne, PA 19087 FACSIMILE (800) 700-4643 1. LOW Nage CITY OF SEAL BEACH Phone Number ,_(562) 431-2527 oBA NsnE fa any) 60aip Address 211 8th Street C1 with are IAdUM by IdMXe) and dedeee pat of LerS Lem YOU a luimlied je b lave reed and agreed to all the I Purtnise Order Requestion Nulnhd Cey State Zip I Sed Yiroka b Attention of Seal Beach CA 90740 Eploindid Fake Mold No — Sorer Number You tAalOnts a a dalabl se The Equipment Is NEW a USED I Description Schedule e Necessary) I See Attachment 2 - Equipment Description --= i tali Namc a CITY OF BEACH I (LEASE MUST BE SIGNED BY A ITHORIZEO OFFICIAL OF LESSEE) I — Egngdee LdrYfdn (N rel sane tt aXne) Cly Sate Zip Wanner a Lem Payumes 60 Poe Lease Term lin "r I 60 _ Lem Payrnenh See Lie PMM SUredee AMU02S AMUYlnee l - h chda d the eou blow YOU hoop darpade Ma LIM as a'greM. o Waeogl odWkn' aS ddww it Sector e(bX3)(0) d ih lama Ikwe vie code and represent unit the a gape ince mood o1 all m-aerrgt ottip Is team; private anmy hoods other Win pooled SDI (cK31 bonds) Issued a to be issued by YOU and YOUR subordinate allks dung foe ak16y year In which WE ha+a MIs Lease a nil roasanbiy expec ed beu;n0s1pOa100p C3 Rink Ouaelicalkin Raced Paynenl Freoue+cy -/ v Mordry' Q t 010 Q yN Q Amuddy Q other Em of Lem Option SI ase read YOUR TERMS AND CONDITIONS Ple copy of this State and Local Govettynerd Lease -Purchase Agreement (lease') carefully and fed free to ask US any questions YOU may have about d Words "YOU" and 'YOUR' refer to the'LtIS59e' and dile words'WE,' US' and 'OUR' refer to De Lage Landen Public Finance LLC, fes successors quid assigns, as the lessor" of me Equipment 1. LEASE WE agree to kale to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) includarg as replacement parts, reralrs, additions and accessories ("Equipment-) on the terms and conditions of this Lease and on any attached schedule 2 TERN This Lease us effective on the date when Be term of this Lease and YOUR Obligation to pay rem commerce, wtuch date shafl be the date that hinds are advanced ay US to YOU, this vendor of the Equpmem or an escrow agent for the purpose of paying or rembursing all or a porton of the cost of the Equupmam (the 'Commencement Oates and tontines thereafter for an original term ("Ongeral Term') ending at the and of YOUR budget year In effect on the Commencement Date and may be continued by YOU for adBLimmi one-year reruewal terms ('Renewal Terms') canadrrg vnth YOUR budget year up to the total number of months Indicated above as the Fvft Lease Temt, provided, however, that at the and of the Odolnal Term and at Be and of each Renewal Term until the Full Lease Term has been completed, YOU shaft be deemed to have continued this Lease for tire next Renewal Term wins YOU slat have terminated flus Lam pursuant to Section S or Section 17 Lease Payments will be due a. set forth an Attachment 1 until die balm of the lease Payments aXf arty adduDorral Lease Payments or menses chargeable to YOU under thus lease are pard n full Asset forth in the Lease Payment Schedule, a portion of each Lease Payment is pad as, and represents payment of. interest YOUR obligation to pay the Luse Payments and YOUR other Lease obligations are absolute and unconditbral and are not subject to anceltaUOn, reduction, setoff or counterclam except as provided in Section 5 THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 5 3 LATE CHARGES. If a Lease Paymeel Is not made on the date when due. YOU will pay US a late charge at the rate all 18% per tantrum or the maximum amount permitted bylaw. whichever Its less, tmm such data e CONTDFWTION OF LEASE TERM YOU Ct ttemly artend, subject to Section 5, to continue this Lease through the Full Lease Term anld to pay the lease Payments hemunier YOU reasonably believe that legally available funds in an amount sufficient to make all Lease Payments during the Full Lease Tenn can be obfahted YOUR responsible financial officer shall do all things lawfully uhh n his or her power to obtain and manteirt funds from which the Lease Payments may be made, induBntg makrtg provision for the Lease Payments to the extem necessary in each proposed annual budget submllled for approval in aeser- dance with YOUR applicable procedures and to exhaust all available reviews and appeals If that portion of the budget Is not approved Notwithstanding the foregoing the decision � vhether to budget or appropriate hinds and to Olerd tins Lease for any Renewal Term a solely within the discretion of YOUR governing body 5. NONAPPROPRIATION. YOU are Obligated only to pay such Lease Payments under this Lamas may fawUy be made from funds budgeted and appropriated for that purpose during YOUR then current budget year If YOU fag to appropriate or oBwrwuse make evadable funds to pay the Lease Payments required to be paid in the next occurring Renewal Term, this Lease shall be deemed terminated at the end of the then current Orglra Term or Renewal Term YOU agree to deliver written notice to US of such lermm dirt at least 90 days pnor to the end of the then current Original Term or Renewal Term, but facture to give such notice shall not a id! the term of BBS Lease beyond the than current Original Term or Renewal Term It this lease is terminated in accordance with On Section, YOU agree, at YOUR cost and mom, to peaceably deliver the Equprnem to US at the location or locations specified by US 6 WARRANTIES WE are leasing the Equipment to YOU 'ASAS' and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTARIUTY, OR FITNESS FOR A PAR- TICULAR PURPOSE WE In nasfer to YOU, without recourse, for the term of this lease all warranties d any, made by the manufacturer YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZE) TO WAIVE OR CHANGE ANY TERM, PROVISION OR COMMON OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABCUT THIS LEASE OR THE EOUIP- MENT WE SHALL NOT BE UABLE FOR SPECUIL RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESI.NTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT YOUR OBLIGATION TO PAY IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLUM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAENST THE SUPPLIER OR THE EOUIPMEdT MANUFACTURER T DELIVERY AND ACCEPTANCE YOU ARE RESPONSIBLE. AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THO`;E COSTS ARE INCLUDED IN THE COSTS OF THE EOUPMENTTOUS) IF REOUESTED, YOU WILL SIGN A SEPARATE EOUIPMENT DELIVERY AND ACCEPTANCE CERTIFICATE WE MAY AT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EOUIPM9YT SHALL HAVE THE SMAS EFFECI ASA SIGNED OEUVERY AND AMEPTANCE CERTIFICATE (Terms and Conditions continued on the reverse side of this Lease) Tine TaMny Kam Gontract SPOCiatist _ DE LACE LANDEN PUBLIC FINANCE LLC Lease Number PUB 13266 Lemma Dale May 7 2014 vendor I D NunOn K8081 Pane I or Z _1q YOU apCrO atl d isle tents and Cmdibra cdefdwxb In Odh Spey d Nor Lease, cap b aM andarnes b Sara tall C1 with are IAdUM by IdMXe) and dedeee pat of LerS Lem YOU a luimlied je b lave reed and agreed to all the Tears and Conditions You tAalOnts a a dalabl se The Equipment Is NEW a USED --= Print 114M tali Namc a CITY OF BEACH (LEASE MUST BE SIGNED BY A ITHORIZEO OFFICIAL OF LESSEE) Tine TaMny Kam Gontract SPOCiatist _ DE LACE LANDEN PUBLIC FINANCE LLC Lease Number PUB 13266 Lemma Dale May 7 2014 vendor I D NunOn K8081 Pane I or Z _1q 8 TITLE, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIFICATIONS OR ALTER- ATIONS, YOU have title to the Equipment, prowled that Idle to the Equipment will immediately and without any action by YOU vW in US, and YOU shag immediately suaeden possession of the Equipment to US, (a) upon any termination of this lease other than termination pursuant to Section 17 or (b) if YOU are In default of this Lease It is the intent of the parees hereto that any transfer of title to US pursuant to this Section Mall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance YCU shall, nevertheless, execute and deliver any such Instruments as WE may request to evrdence such transfer As security for YOUR obbga- dons hereunder. WE retain a security interest in the Equipment and all proceeds thereof YOU have the right to use the Equipment during the term of this lease, except as otherwise expressy, set forth in Ids Lease Although the Equipment may become attached to read estate, It remains personal pproperty YOU agree not to alter or modify the Equipment or permit a Ilen to be placed upon the Egtdpment or to remove the Equipment without OUR pdw written consent If WE feel it Is neces- sary, YOU agree to provide US with waivers of interest or liens from anyone claiming any interest In the real estate on who any Mems of Equipment Is located WE also have the night. at reason- able times, to inspect the Equipment 9 MAINTENANCE YOU are required, at YOUR own cost and expense, to keep the Equipment in good repair, condition and working order, except for ordinary wear and tear, and YOU will supply all parts and serAcng required All replacement parts used or installed and reports made to the Equipment will become OUR property YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED MAINTENANCE ANO/OR SERVICE FOR THE EQUIPMENT YOU WILL MAKE ALL CLAIMS FOR SERV- ICE ANOIOR MAINTENANCE SOLELY TO THE SUPPLIER AANDIOR MANUFACTURER AND SUCH CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REOUIREED LEASE PAYMENTS 10 ASSIGNMENT YOU AGREE NOT TO TRANSFER, SELL. SUBLEASE, ASSIGN, PLEDGE OR ENCUMBER MER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT YOU agree that WE may seg, assign or transfer this lease and, if WE dc, the now owner will have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the rights of the new owner will not be su bittt to any claims. counterclaims, defenses or set -offs that YOU may have against US YOU hereby appoint Municipal Registrar Services (the -Registrar-) as YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to campy with Saigon 149(a) of the Internal Revenue Code of 1980, as amended No such assignment shall be budahg on YOU until the Registrar has received written notice from the assignor of the name and address of the assignee 11 LOSS OR OANIAGE YOU are responsible for the risk of loss or destruaran of, or damage to Me Equpment No Such less or damage relives YOU from any ablgation under to Lease If any of the Equipment Is damaged by fire or other casualty or We to, or the temporary use of, any of the Equipment Is taken under the exercise of the power of eminent domain, the net proceeds ('Net Fmcceds') at" Insurance claim or condemnation award will be applied to fine prompt replacement, repair, remorawn, modification or improvement of that Equipment, unless YOU have exen5sed YOUR option to purchase the Equipment pursuant to Section 17 Any balance of the Net Proceeds remain- ing after Such work has been completed shag be paid to YOU 12 INOEMNnY WE are not responsible for any losses or Injuries caused by the manufacture, acquisition, delivery installation, ownership. use, lease, possession, maintenance, operation or rejec- ton of the Equipment or defects as the Equipment To the extant permitted by law. YOU agree to refm- burse US for and to defend US agaahst any claim for losses or lMunes relattrg to the Equipment. This indemnity twit continue even after the termination of this Lease 13 TAXES YOU agree to pay all applicable license and registration fees, sale and use taxes, per- sonal property pies and all oder taxes and charges, retanng to the ownership, leasing, rental, Safe purchase, possession or use of the Equipment (except those based on OUR net income). YOU agree that 11 WE pay any laxer or charges, YOU will reimburse US for all such payments and will pay US imerest and a In charge (as calculated in Section 3) on such paynn" with the next Lease Payment, plus a fee for OUR collecting and administering any, taxes, assessments or fees and remitting thein to the appropriate autwdtles 14. INSURANCE During the tern of this Lease. YOU will keep the Equipment insured against all risks of joss or damage in an amount not lass than the replacement cost at the Equipment, without deduxiDle and without co-insurance YOU will also obtain and maintain for the term of the Lease, comprehensive public liability insurance covering both personal iqury and property damage of at least 5100.000 per person and 5300,000 per occurrence or bodny injury and $50,000 for property damage WE will be the sole named loss payee on the property linswar a and named as an addition- al insured an the public liability insurance YOU will pay all premiums for such hnsura chi and must ddner proof of Insurance coverage satisfactory to US 11 YOU do not provide such insurance. YOU agree that WE have the right, but not the obligation, to obtain such insurance and add an assurance fee to the amount due from you, on which we make a ptolh 15 DEFAULT Subject to Sefton 5. YOU are in default of tMs Lease it any of the following occurs (a) YOU fall to pay any lease Payment or other sten when due, (b) YOU breach any warran- ty or other obligation under this lease, or any other agreement with US, (c) YOU become insolvent or unable to pay YOUR debts when due, YOU make an assignment for to benedg of creditors or YOU undergo a substantial detenoradon in YOUR financial condition, or (d) YOU file or have Bled against YOU a petition for liquidation, reong cation, adjustment of debt or similar relief tinder the Federal Baewpi Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, recener or Iiqut ator is appointed for YOU or a subspnbal part of YOUR assets 16 REMEDIES WE have the following remedies it YOU are m defauit of this Lease WE may declare the enilre balanced the ui Lease Payments for the then currentOriginal Term or Renewal Tenn immediately due and payable, sue ter and receive all Lease Payments and any other payments then accrued or accelerated under Mus Lease, charge YOU interest on all monles due US at the rate of eighteen percent (115%) per year from the date of default until paid, but in no event more than the maxgntnn rate permitted by law, charge YOU a mtum-Check onion-suf iaem funds charge ('NSF Chari of $2500 for a check that is retuned for any reason, and require that YOU return to Equipment to US and, it YOU fag to return tie Equipment, enter upon the premises peaceably with or without legal process where the Equipment is located and repossess the Equipment Such return or repossession of the Equipment wig not constitute a termination of this Lease unless WE expressly nobly YOU In wntsg It the Equipment is returned or repossessed by US and unless WE have term, noted this lease, WE will seg or re -rent the Equipment to any persons with any terms WE determine, at one or more public or private sales, with or without notice to YOU. and appy the riot proceeds after deducting the costs and expenses of such sale or re -rent, to YOUR obilolons with YOU remaining Mable for any deficiency and with airy excess over the amounts described in this Seebon plus the then applicable Purdhase Price to be pad to YOU YOU are also required to pay (n) all expenses incurred by US in connection with the enforcement d arty mmerbes, including all expenses of repossessing, storing, shtppirhp, repairing and selling the Equipment. and (u) reasonable anomeys' lees 17. PURCHASE OPTION, Provided YOU are not an default. YOU shah have the option to purchase all but not less than all WIN Equipment (a) on the date the last Lease Payment is due (assuming its Lease IS renewed at the end of the Original Term and each Renewal Term), if this Lease Is still In effect on that day, upon payment len full of Lease Payments and all other amounts then due and the payment of One Dollar to US. (b) on the fast day of the Original Term or any Renewal Term then in effect. upon at least 60 days' prior written notice to US and payment In full to US of the Lease Payments and all other amounts then due plus the Men applicable Purchase Price set forth on the Lease Payment Schedule, or (c) it substantial damage to or destruction or condemnation of substantially all of the Equipment has occurred, on the day specified in YOUR written notice to US of YOUR exercise of Me Disehase option bort of least 60 days' prior notice to US and payment n full to US of the Lease Payments and all other amounls Then due plus the then apphcahle Purchase Price set forth on the Lease Payment Schedule 18 REPRESENTATIONS AND WARRANTIES YOU warrant and relimsem as follows (a) YOU are a pudic body corporate and Polito duty organtaed and costing under the cor ebtuuon and laws of YOUR State with full power and authority to enter into this Lease and th, transactions contemplaletl hereby and to perform all of YOUR obligations hereunder, (b) YOU thaw, drily authorized the emu - ban and delivery of this Lease by proper action by YOUR governing body at a meeting dui Called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate officW approval, and an requuements have been met and procedures have occurred In order to ensure the validity and enforceability of this Lease (c) YOU have complied with such puA. leo bidding requirements as may be applicable to this Lease and the acquisition by YOU of Me Equipment, (d) all authorization& consents and approvals of govemmenW bodies or agencies required In connection with the exacutlon and delivery by YOU of this Lease or in connection with the rarryiN out by YOU of YOUR oblhgatrorrs hereunder have been obtained, (e) this Lease constithnes the legal, valid and binding obligation of YOU enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, Insolvency. morganizaMon or other laws affecting credtors' rights general, (f) YOU have, in accordance with the requirements of law, fully budgeted and amm- priated sufficient funds for the current budget year to make the Lease Paymuhts scheduled to come due during the current budget year and to meet YOUR other ob6gatons under utas Lease fa the Cur- rent budget yenC and t ase funds have not been expended for oter pu iposes. (g) the Equfpnem is essential to YOUR functions or to the services YOU provide to YOUR Gt mans, YOU have an ImmedV- all need for the Equipment and ago to make immediate use of the Equipment, YOUR need for the Equipment a not temporary and YOU do not expect the need for any den of the Equpmem to dimin- ish in fie foreseeable future. Including the Fug Lease Tenn, and the Eq(npment will be used by YOU any for the purpose d performing one or more of YOUR govemmen ar proprietary hehUgns con- sistent with the permissible scope of YOUR authority and wig not be us(d as the trace or business of any other entity or person, and (h) YOU have never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due taller ani lease purcliass, Instalment sale or other skmlar agreement. 19 UCC FILINGS AND FINANCIAL STATEMENTS YOU authorlre US to rile a financing uate- ment with respect to the Equipment If WE feel n is necessary, YOU agree to submit tnanhciat state- ments (aud8ed d available) on a quanerly basis 20 UCC - ARTICLE 2A PROVISIONS YOU agree that this Law is a Finance Lease as that term is defined in Anrcle 2A of the Uniform Commercial Code ('UCC') YOU acknowledge that WE have given YOU Ue name of the Supplier of the Equipment WE hereby notify YOU that YOU may have rights under the contract with the Supplier and YOU may contact the Suppler for a description of any npllts or warranties that YOU may have under this supply contract YOU also wave any and all rights and remedles granted YOU under Sections 2A-508 through 2A-522 of the UCC 21 TAX EXEMPTION YOU vvit comply *0 ad applicable prows ors of the Internal Rome Code of 1986, as amanded, Including without limitation Sections 103 and 148 thereof, and the appk- (able reputations thereunder to mantas the excision of the merest lir min of the Lease Payments from gross income for purposes of federal incl me taxation 22 BANK QUALIFICATION. If YOU chocked the 'Bank QuakOcatirn Elected' box on the front page of this Lease YOU and all YOUR subordinate entities will not Issue in excess of 510,000,000 of qualified tax-exempt obligations (anctudng this Lease but excluding pni actwdy, bands other than qualified 50i (cH3) bonds) during the calendar year In witch WE hand Mus Lease without first obtain- ing an opinion of nationally recognized counsel len the area of tax-e(empt muaclpal obligations acceptable to US that the designation of this Lease as a'qualiTed tax-exempt obbgabon' will not be adversely a0ected 23 CHOICE OF LAW, JURY TRIAL WAIVER This Lease shall be governed and construed in accordance with the laws of the state where YOU are located To the Ldem permitted by taw, YOU agree to waive YOUR n i to a trial by jury 24 ENTIRE AGREEMENT, SEVERABILITY, WAIVERS This Lease, omens the entire agreement and understanding No agreements Of unders 311409s are bidding On the parties unless set form in writing and signed by the partes Any prowgon of this Lease which for my reason may be held unen- forceable in ary jurhsdii shall, as to such jurisdiction, be ineffective without Xnraldirg the remi Ing provisions of this Lease THIS LEASE IS NOT INTENDED FOR TRANSACTIONS WITH AN EQUIP- MENT COST OF LESS THAN $1.000 25 FACSIMILE DOCUMENTATION. YOU agree that a facsimile copy of this Lease with facsimi- le signatures may be treated as an original and wit be admts flale as ev dencce of this Lease Page 20l 2 w1i, X' s N v 0 C \/ LL. CL v/ r 02012 AN Aiello; RhSevM Pi nerd in en U SA I VF0 0207 9/12 ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT Lease Payment Schedule LESSOR DE LAGE LANDEN PU13LIC FINANCE LLC LESSEE CITY OF SEAL BEACH LEASENUMBER PUB 13266 LEASE DATE May 7 po 14 Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments iet forth below have been received by US The period for each periodic anniversary is !nonthy as specified in the Payment Frequency box of this Lease If the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the second succeeding month after the month of such Commencement Date Payment Nurnber Rental Payment Interest Portion Principal Portion Balance Purchase Price Loan 0 00 000 000 125,961 34 000 1 2.33408 44621 1,88785 124,073 49 127,795 69 2 2,334 06 43952 1,89454 122,t78 95 125,844 32 3 2.33406 43281 1,901 25 120,277 70 123,886 03 4 2,334 06 42608 1,90798 118,369 72 121,920 81 5 2.31406 41932 1.91474 116,454 98 119,94863 6 2,334 06 41253 1,921 53 114, 533 45 117, 969 45 7 2.33406 40573 1,92833 112.80:5112 115,983 27 8 2.33406 39890 1,93510 110,669 96 113.990 06 9 2.33406 39204 1,94202 108,727 94 111,989 78 10 2, 334 06 385 16 1,94890 106, 779 04 109, 982 41 11 2,334 06 37626 1,95580 104,823 24 107,967 94 12 2,33406 371 33 1 96273 102,860 51 105,946 33 13 2,33406 36438 1,96968 100,890 83 103,917 55 14 2,33406 35740 1,97666 98,914 17 101,881 60 15 2,334 06 35040 1,98366 96,930 51 99,636 43 16 2,334 C6 34337 1,99069 94,939 82 97,788 01 17 2.33406 33632 1,99774 92,942 Da 95,730 34 18 \ 2.33406 32924 2.00482 90,937 26 93,665 38 19 2.33406 32214 2.01192 88,925 34 91,593 10 20 2.33406 31501 2.01905 86,906 29 89,513 48 21 2,334 06 30786 2,02620 84,880 09 87,426 49 22 2,334o6 30068 2.03338 82,846 71 85,332 11 23 2,334 C6 29348 2,04058 80,806 13 83,230 31 24 2.3-3406 28625 2,047 81 78,758 32 81,121 07 25 2.33406 27900 2,05506 76,703 26 79,004 38 26 2.33406 27172 2,06234 74,640 92 76,860 15 27 2.33406 26441 2.06965 72,571 27 74,748 41 28 2,33406 25708 2.07698 70,494 29 72,609 12 29 2.33406 24972 2,08434 66,409 95 70,462 25 30 2.33406 24234 2.09172 66,318 23 68,307 78 31 2.33406 23493 2,09913 64,219 10 66,145 67 32 2.33406 22749 2,106 57 62,112 53 83,975 91 33 2.33406 22003 2.11403 59,998 50 61,798 46 34 2.33406 21254 2,121 52 57,876 98 59,613 29 35 2 334 06 20503 2,12903 55,747 95 57,420 39 36 2.33406 19748 2, t 36 58 53,611 37 55,219 71 Sales tax of $9,330 47 is included in the Irnanced amount shown above v N N v O O LL CL N r ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT Lease Payment Schedule LESSOR DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE CITY OF SEAL BEACH LEASE NUMBER PUB 13266 LEASE DATE May 7 20 14 Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments !et forth below have been received by US The period for each periodic anniversary Is month ry as specified In the Payment Frequency box of this Leaie It the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the -*econd succeeding month atter the month of such Commencement Date Payment Number Rental Payment Interesl Portion Principal Portion Balance Purchase Price 37 2.33406 18991 2,14415 51,467 22 53,011 24 38 2,33406 18232 2,151 74 49,315 48 50,794 94 39 2,33406 17470 2,15936 47.156 12 48,570 80 40 2.33406 16705 2,16701 44,989 11 46,338 78 41 2,33406 15937 2.17469 42,814 42 44,098 85 42 2,33406 15167 2,18239 40.632 03 41,850 99 43 2,33406 14394 2,190 12 38,441 91 39,595 17 44 2,33406 13618 2.19788 36,244 03 37.331 35 45 2,33406 12839 2,205 67 34,038 36 35,059 51 46 2,33406 12058 2.21348 31,824 88 32,779 63 47 2.33406 11274 2.221 32 29,603 56 30,491 57 48 2.33406 10487 2,22919 27,374 37 28,195 60 49 2,334 06 9597 2,23709 25.137 28 25,891 40 50 2,33406 8906 2,24501 22,892 27 23.579 04 51 2,33406 8109 2.25297 20,639 30 21,258 48 52 2,33406 7311 2.26095 18,378 35 18,929 70 53 2.33406 6510 2,26896 16,109 39 16,592 67 54 2,33406 5707 2,27699 13.832 40 14.247 37 55 2.33406 4900 2,28506 11,54734 11,893 76 56 2.33406 4091 2,293 15 9,25419 9,531 82 57 2,33406 3278 2,30128 6,95291 7,16150 58 2,334,06 2463 2.30943 4,643 48 4,78278 59 2,33405 1645 2,31761 2,32587 2,39565 60 2.33406 819 2,32587 000 000 Grand Totals 140,043 60 14,082 28 125,961 34 v N _ N �j ----�---- W Lem S pnature- - - U_ PnntName- - - - Tillie Page 2 01 _2_ X02012 Al I Poya1s Pi oteilm Ina U $ A 12MOC224 11112 ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT EQUIPMENT DESCRIPTION LESSOR DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE CITY OF SEAL BEACH LEASE NUMBER PUB 13226 LEASE DATE May 7 20 14 OuarAO DescripliaNSerlal NoJModel No Location 1 New Canon 5235 Digital Copier with Attachments 211 11th Street SIN IVRZ hU M� Seal Beach, CA 90740 �7 �B 1 New Canon 5250 DigitalCopierwith Attachments SIN J _ u„ f4j a'2 ' 1 New Canon 5255 Digital Copier with Attachments SIN 1 'r� n` -74A 1 New Canon 8285 Digital Copier withAttachments /iV SIN [ �?-6 ! 3,% "� 3 New Canon 1030 DDigit7alCopiers with Attachments S1N-���/�f t SIN Ili C a I)C;ZP 19`` r� SIN l �J J o+ LESSEESi mwe ~ - ' y _ l lhte = C _i_T -- CD CD Print Name — - - - a _ Title e Pap¢ 1 d 02012 All Pl li% Rasrrraf Pn wed in the U S A 1OPFD)C 1694 10!12 BILLING INFORMATION PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS In order for DE LA ,E LANDEN Pt auC FINANCE LLC to property bill and credit your account and prepare the IRS Form 8038-G as required by the IRS, it is necessary that you Complete this form and return It with the signed documents (8illing Name C (7 O F StA L cd C K 8dhng� Addie s 01 ! t ei 6 H T f'( -s TSL E I— S CA 'SCA - 0 CACK , GA clo71+0 Atte on DN A Pf Q 1- N es (Name of individual who will process payments) T�el2phane Number Email re Add a by+ones c� Seat b�ac6.cA �v�/ tFEDI:RALJ• �S=�v00o79� �Primary,Contact"Name _ _V I_1� LL1 SEA TLra" (, Pnma� ontact Number 5 6 Z - Li 3) ' 25 Z? Qv.4- 13 l l Do you require a PO i to be referenced on invoices you receive from us? YES ■ NO ■ POO Do you require summary billing? YES ■ NO ■ CONTACT INFORMATION AND QUESTIONNAIRE FOR FORM 8038-G FILINGS Contact Name Title Contact Address Contact Telephone Number Email Address Written Tax Compliance Procedures The IRS Form 8038-0 asks specific questions about whother written procedures exist with regard to compliance with the federal tax requirements for tax-exempt obligations Please answer the following questions to help us complete the form correctly prior to your signature Please note that your answers to these questions will not Impact the terms or conditions of the subject transaction Has the Lessee established written procedures designed to monitor compliance with federal tax restrictions for the term of the lease? Among other matters, the written procedures should Identify a particular individual within Lessee's organs ation to monitor compliance with the federal tax require- ments related to use of the financed assets and describe actions to be taken in the event failure to comply with federal tax restrictions is contem- plated or discovered YES ■ NO ■ If Yes, please attachlprovlde a copy Answer the following question only If proceeds of the current financing will be funded to an ESCROW Account The IRS Form 8038-G asks specific questions about written procedures to monitor the yield on the Investment of gross proceeds of tax-exempt obligations and, as necessary• make payments of arbitrage rebate earned to the United States 2 Has the Lessee established written procedures to monitor the yield on the Investment of proceeds of the Lease on deposit in an escrow account or similar fund prior to being spent and to ensure that any positive arbitrage rebate earned is paid to the United States? YES ■ NO ■ If Yes, please attach/provide a copy in If you have further questions, please consult your regular bond or legal counsel.co 0 U O O tiL G. Cc 0 02013 All PTNS Resured NO' I [1 On U S A OSPFOOCOW 12/13 F.. 8038-G I Information Return for Tax -Exempt Governmental Obligations (Rev September 2011) ► Under Internal Revenue Code section 149(e) GMB No 1545-0720 Department of the Treasury ► See separate instructions. Internal Revenue Service Caution. It the issue pnce is under $100,000, use Form 8038 -GC M check here ► 1 Issuer's name Issuer's ployer Iden i tion number (EiN) CITY OF SEAL BEACH 11 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone n ben I0 trier pars shown on 3a 4 Number and street (or P.o box if mad is not delivered to street address) Room/suite 5 rt number fFor 1RS Only) 211 8th Street 3 ' 6 Gty. town, or post office. state, and ZIP code 7 Date of iss Seal Beach CA 90740 for whiCfi this form Is being filed. 6 Name of issue N 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may clr all for mor ormation 10b lephone number of icef 0th vistrucuons) em yee shown on Ie lIMM Type of Issue (enter the issue price). See tho'i nstru ct ions and attach`vchedit / 11 12 13 14 15 16 17 18 19 19 20 Education . Health and hospital Transportation Public safety . Environment (Including sewage bonds) Housing . . . . . . . Utilities Other Describe 10- If obligations are TANS or RANs, check my box If obligations are BANS, check nl x 1 If obligations are in the for f a lease s Iment I ► ❑ ► ❑ heck box ► ❑ 11 12 14 15 16 17 ;� Description of ligation om lete the eNtireNksue for whiCfi this form Is being filed. (a) Final maturity date (b} Issue (c) ated emption pri at ma ty (d) Weighted average maturity (e) Yield 21 1 $ $ years % Uses Pr eds of Bon Issueincl in derwrite ' discount) 22 23 24 25 26 27 29 30 Proceeds d for accr interest Issue pr, a of a Ire issue {en amount fr line 21, co n �b). . . Procee used fe d Issuance co (ncludl underwriters Iscount) 24 Proceeds d for c nhancernent . . . . 25 Proceeds all ated to so bly required re e o cement fund 26 Proceeds use current refu rlor issues . . . 27 r s used to dvance r prior Issues 28 Total ( tines 24 t ough 28) . . . Nonrefu Ing proce of the Issue ubtract 29 from line 23 and enter amount here) 22 ^23 '" n 't i _ 29 30 ascription of R unded Bblids. Complete this part only for refunding bonds 3 Enter the r eightVd turlty of the bonds to be currently refunded . 1► years 32 r e remaining WeI tturlty of the bonds to be advance refunded ► years 33 Enter the Iast date on whlcbonds willbe called (MM/DD/YYYI� ►34 Enter the dates the refundIssued ► (MtwoDiYYYY) eductio ct Not e, see separate instructions. Cat No 637735 Form 8038-G (Rev 9.2011) Psg. i a 0 E Form 8038-G (Rev 9-2011) 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 c tract (GIC) (see Instructions) 38a _ b Enter the final maturity date of the GIC IN- Ili,c Enter the name of the GIC provider 37 Pooled financings, Enter the amount of the proceeds of this Issue that are to be use o make loan to other governmental units . . . . . . . . . . j 38a If this Issue Is a loan made from the proceeds of another tax-exempt Issue, check box b.d enter the follc b Enter the date of the master pool obligation Do- c c Enter the EIN of the Issuer of the master pool obligation 10- d d Enter the name of the Issuer of the master pool obligation 0- 39 39 If the issuer has designated the Issue under section 265(b)(3)(B)(i)(III) all issuer ex tion), check box 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, chec ox 41a If the Issuer has Identified a hedge, check here ► ❑ and enter ! Ilowin nformation b Name of hedge provider 10- c c Type of hedge No. d Term of hedge 10- 42 42 If the Issuer has superintegrated the hedge, check b 43 If the issuer has established written procedure o ensure at all nqualifi bonds o his Issue e according to the requirements under the Code an egulations Inst ctions) heck box 44 If the issuer has established written procedur to mo or the requir ents of ction 148, check bo 45a If some portion of the proceeds was used reim rse a nditures, check re ► ❑ and enter the amount of reimbursement 'lo. Enter the date the official intent was opted ► 2 ng . P. ❑ remediated ► ❑ No. ❑ Under penalties of penury, I are tha have ex this return comps ng schedules an tatements, and to the best of my knowledge Signature and belief, they are true, corn f, d Com to I firth tare that I consto the s disclosur f the issuer's return information, as necessary to and process this return, It the son tha ave or¢ed o Consent Paid Preparer Use Only Signature of Is is authorized ssentative ate NYF Type or print name and title it(Type preparename Preparer's signature Date Check ❑ U self-employed n's nine ► Firm's EIN D Form W;St3-U (Rev 9-2011) Page 7ei6 OWMM Rgnn Resov NWdm ft U S A WFp=8" U12 Instructions for Form 8038-G (Rev. September 2011) Information Return for Tax -Exempt Governmental Obl Section references are to the Internal Revenue Code unless otherwise noted General Instructions Purpose of Form Form 8038-G is used by issuers of tax-exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File IF the Issue price THEN, for tax exempt (line 21, column (b)) govemmental Is... obligations Issued after December 31, 1986, Issuers must flle .. $100,000 or more A separate Form 8038-G for each Issue Less than $100,000 Form 8038 -GC, Information Return for Small Tax -Exempt Govemmontal Bo Issues, Leases, 96d Installment Sa s ®For all build Amenc onds and recovery zone econo development bondsuse rm 8038-B, Information Retum for Bur America Bonds ao nveryZonEconomic Deveic te es ds. Far tax credit bonds a specified to ed t bonds use F 8038 -TC, Inform n Return for T Credi ds and Specified Ta redrt Bo When To File File Form 6038G o or befor e 1 d 2nd Galen month a r th ose of th alendar q iter in wh he bond is issue Form 803 G may not be filed before tV issue date a d must be cosneleted Lp&sed on the facts s of the an extension of time to file Form under Section 3 of Rev. Proc. 2002-37 1 R B 531, if it is deb ttLtadu�p,Z e y of duet willful neg eTTyot at t top of he form "ReqIlei der se tion 3 of Rev. Pr4 nd atta a letter explaining 8038-G s not submitted on time Iso indicate wbo sue in question is under examination by the IRS Do not submit copies of the trust Sep 20, 2011 indenture or other bond documents See Where To File next Where To File File Form 8038-0, and any a with the Department of the T Internal Revenue Service Ce UT 84201 Private delivery services. You%nusecertain private delivery services designated by the IRS mailing as timely fill paying" rule r tax returns and paym is These private delivery service nclude only the following. • DHL Expr s (DHL HL S e Day Service • Federal ress (FedE Fed x Priorit Overn t, FedEx St rd Ove ig Fed Day, FedEx / In nation riod , nd FedEx United Parcel rvice S) UPS Nei iy Air, UPS Next AirNUP PS d Da Ir, UPS 2nd y UPS �rldwi press Plus, T pnvatd ery service tell \ yo to get itt proof of the ding date Forms For reb ng itrage (or p ing a penalty in u o itrage re ti ) to the Federal gove meat, e F m 8038 T, Itrage Reba Yield uction and Pe iv in Lieu of itraoe Rebate For p to active bonds, use Form BO nfor tion eturn for Tax -Exempt Private ivit nd Issues For buildAmerica bonds (Direct Pay), Ptiitid Ame a bonds (Tax Credit), and reco one economic development bonds, complete Form 8038-8, Information Return for Budd America ijonds and Recovery Zone Economic Idevelopment Bonds For qualified forestry conservation bonds, new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, clean renewable energy bonds, Midwestern tax credit bonds, and all other qualified tax credit bonds (except build America bonds), file Form 8038 -TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds Cat No 63774D Pap. 3 al 6 CoDepartment of the Treasury Internal Revenue Service ounding Wh a Dol*s Yo ay show am nts on th return as whole liars To do so, dro amounts less than 0 cents and in ase amou from 50 c%an 99 c Is to th next highe Questiong Form uestions on bkw to file an email to_the S at and put "Fobk8038-,9rQues0 the bject line Ir a ad it a de nphon of yo quest on return emai ddress, the name a contact person, d a telephon number Definitio Tax-exempt ob tion. This is any obligation, including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103 x -exempt governmental obligation. A -exempt obligation that is not a pri to activity bond (see below) is a to -6 -exempt governmental obligation This includes a bond issued by a qualified volunteer fire department under section 150(e), Private activity bond. phis includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and • More than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use It also includes a bond, the proceeds of which (a) are to be used directly or indirectly to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million Issue price. The issue price of obligations is generally cetermined under Regulations section 1 148-1(b) Thus, when issued for cash, the issue price is the first price at which a substantial amount of the obligation,; are sold to the public To determine the issue price of an obligation issued for property, see sections 1273 and 1274 and the related regulations Issue. Generally, obligations are treated as part of the same issue if they are issued by the same issuer, on the same date, and in a single transaction, or a series of related transactions However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a "draw -down loan") or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw -down loan that meet the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw -down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same Issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond is not tax-exempt unless the issuer of the bond rebates the United States arbitrage profits a ned from investing proceeds of the bo in higher yielding nonpurpose inve ments See section 148(f) Construction issue. This is a sue of tax-exempt bonds that meets both the following conditions, 1 At least 75% o h variable construction proce s are to used for construction exp dilutes with re of to property to bened b a governme unit or a sectio 501(c)( anization, and 2 All the bond haters rt he issue are qualified 5 (c)(3) bo s, bonds that are not priv a activity ands, or rvrty bonds ued to fi n operty to be caned by a overnme I unit or a section 1(c)(3) or. nization I of r ahng any arbdra that m be o to the United States, he iss r of a n iss ay ke an lire ca le election to pay a nal The penalty is equal to 1112% of th amount of construction proceeds th do 'hot meet ce (aaperftlt the Is. See n 148 iqq({({rr_�j4tt.�aC an the Instructions for F 038 - Specific &tructions Part I—Rep ing Au ority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form The amended return must provide all the information reported on the original return, in addition to the new or corrected information Attach an explanation of the reason for the amended return and write across the top, "Amended Return Explanation " Failure to attach an explanation may result in a delay in processing the form. Line 1. The issuer's name is the na of the entity issuing the obligations, no name of the entity receiving the b efit of the financing, For a lease or Ins Iment sale, the issuer is the lessee or 1 purchaser. Line 2. An issuer that doe ave a employer identification bar (E should apply for one Form SS -4, Application for Em yer Identification Number You ca at this f on the IRS website at IRS v or by (ling 1 -800 -TAX -F M (1-80 829-36 You may receive n Ell by tele one b following the in ction s for S-4 Line 3 . e iss r wishes to authonz a pe on oth han a officer or other e oyes of the suer hiding a leg r resentative or p prep r) to communicate with the S an hom the S may tact about t retur (f uding i sting or by to hone , ante he na such person are o sted in ' a must be a indi a Do not n the name an title of an o r othe m yes of the rssuer here a line a f hat note.b utnorizing a p on oti r nan an Guth ze fficer or oche mployee of the issuer co nicate wit he IRS nd whom th S Contac bout this r rn, the issue uthon a IRS to com unicate direc with the individual enters n line 3a an onsents to ' close t issuer's re m information to tha ividu as ne ssary, to process this retu Lines 4 and 9N>lf you listed an individual on line 3a to c municate with the IRS ahom t IRS may contact about this turn, r the number and street (or P O box if mad is not delivered to street ddress), city, town, or post office, state, aiXZIP code of that person. Otherwise, 7e r the issuer's number and street (or O box if mail is not delivered to street address), city, town, or post office, state, and ZIP code Note. The address entered on lines 4 and 6 is the address the IRS will use for all written communications regarding the processing of this return, including any notices Line 5 This line is for IRS use only Do not make any entries in this box Line 7. The date of issue is generally the date on which the issuer physically Psp6 4 Of 6 exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale nter the date interest starts to accru in Mfvl/D�NYYY format. Line S. J11 there isname of the issue, olease rovide of r identification of the Li a 9. Enter th CUSI iCom as on Uni Securities ification Proce es) number of the bo with the latest ma ty If the issued s not have a CUSIP nu er, write "No Line 10a. Enter a name and the officer or other amp as cf the Iss r om the IRS may ca r more inf anon If the issuer hes to desig to a person other the an office or other ployee of the Is uer't4qcIu0hq a legal repr entative or ai rep r) hom the IR ay cal or mor in matron abou eturn, an r the nam title, and tele hone nu or of ih pe on on lines 3a an b Com to lines 1 a and 10b even if you co let Ines 3a and 3b Part II—Type of Issue Elections referred to in Part If are made on the onginal bond documents, not on this form I ntify the type of obligations issued byAntenng the corresponding issue price *dee Issue price under Definitions earlier). Attach a schedule listing names and EINs of organizations that are to use proceeds of these obligations, if different from those of the issuer, Include a brivf summary of the use and indicate whether or not such user is a governmental or nongovernmental entity. Line 1a. Enter a description of the issue in the space provided Line 19. If the obligations are short-term tax anticipation notes or warrants (TANs) or short-term revenue anticipation notes or warrants (RANs), check box 1 ga If the obligations are short-term bond anticipation notes (BANs), issued with the expectation that they will be refunded with the proceeds of long-term bonds at some future date, check box 19b Do not check both boxes. Line 20. Check this box if property other than cash is exchanged for the obligation, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments (This type of obligation is sometimes referred to as a "municipal lease ") Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term "lease" is used in the title of the issue Part III—Description of Obligations Line 21. For column (a), the final maturity date is the last date the issuer must redeem the entire issue For column (b), see Issue price under Definitions earlier. For column (c), the stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue For a lease or installment sale, write "N/A" in column (c). For column (d), the weighted average maturity is the sum of the products of the issue price of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire Issue (from line 21, column (b)). For a lease or installment sale, enter instead the total number of years the lease or Installment sale will be outstanding. For column (e), the yield, as defined in section 148(h), is the discount rate that, when used to compute the present value of all payments of principal and interest to be paid on the obligation, produces an amount equal to the purchase price, including accrued interest See Regulations section 1 148-4 for specific rules to compute the yield on an issue If the issue is a variable rate issue, wn "VR" as the yield of the issue For er than variable rate issues, carry Fear out to four decimal places (for ample, 5 3125%) If the issue is a le a or , installment sale, enter the a ctive rate of interest being paid, Part IV—Uses of Proceeds'sof Bond Issue For a lease or in Ilment e, write "NIA in the space to a right of the for Part IV Line 22. En r the a t of proceeds that will be use to pay i t from the date the bonds a dated t he to of issue Line 4. Enter the a ount of t cee s t will be u d to pay issuance c including es fort rustees and bond cou el. If no bo proceeds wit used pay bond issu ce costs, e0liter z o o at leave this lin blank. L no 25. En pc tH of th pr at will be used to y fe far credit enhancement that are tak in account in determining the yield o the issue for pini sysae� tion 148( ) (for and insurance remium and certain fees for insurance edit) Line 26. En r the ni of pr ceeds that will be located to such a nd Line 27. r the amount the proceeds that be us o pay principal, interest, or ca I premium on any other issue of bonds within 90 days of the date of issue. Line 28. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds after 90 days of the date of issue, including proceeds that will be used to fund an escrow account for this purpose Part V—Description of Refunded Bonds Complete this part only if the bonds are to be used to refund a prior issue of tax-exempt bonds For a lease or installment sale, write "NIA" in the space to the right of the title for Part V Lines 31 and 32. The remaining weighted average maturity is dei min without regard to the refunding he Kkl weighted average maturity is _.e weighted in the same manner as on line column (d). Line 34. If more than ue o bondswill be refund enter the a of issue of each issu Hier the date in MM/DDNYYY f at Part VI— scella o Line 35. allocation volume cap is required if nonqualifie mou t for the Issue i more n $15 millio tis not mor ha thea Runt that would caus th ssue to a priv activity bonds the 36. If an rtion t the gross proceeds of the is a is o dl be invested in a cuaran d inv ment ontrac IG). as dehn in He lations ctson 1. -1(b), enter t amo of the ross pr ds so invest as WWL th final m date of the C an the of the ro er of such c ract Line 3 . ter th m nt of the oceeds o this issu use o make a another govern enta nit, t ince s which is tax a mpt Line 3 If issue is a I of proceeds m a her tax -e mpt issue, check the bo nd e r the to of issue, and name issuer he master poo blication Line 4b.,Check this x if the issue is a 115 structs issue d an irrevocable elec top a pOnalty in lieu of arbitrage at as been made on or before theda the bonds were issued The penalt s payable with a Form -T fo each 6 -month period after the date on are issued. Do not make any payment of penalty in lieu of arbitrage rebate with this form See Rev Proc. 22, 1992-1 C B. 736 for rules egarding the "eleetton document " Line 41a. Check this box if the issuer has identified a hedge on its books and records according to Regulations sections 1 148-4(h)(2)(viii) and 1,148-4(h)(5) that permit an issuer of tax-exempt bonds to identify a hedge for it to be included in yield calculations for computing arbitrage Line 42. In determining if the Issuer has super -integrated a hedge, apply the rules of Regulations section 1.148-4(h)(4) If the hedge is super -integrated, check the box, Line 43. If the issuer takes a "deliberate action" after the issue date that causes Page 5 .16 the conditions of the private business tests or the pr ate loan financing test to be met, the u issue is also an issue of private tivity b ds. Regulations section 41-2(d) defines a deliberate action s any act n taken by the issuer that within rt ontrol rer rdless of w ther ther s intent t s to such sts Regula s sec n 1 1 -12 e tains the con io to takin remedial acts that prevent n action at causes an issu to meet the privet usiness tests or p to loan finan g test fro being create s a deliberat ction Check the box i e issuer has established written race, to ensure imely remedial actio r all nonqualified b As according to Reg tions sectio 1 1 12 or other remedia tions authors d by the Comrrytssio u er 44. Ch th ox it the suer has dished writtWproceduVS to monitor tr�ance with the arbitr, e, yield .-trW. and rebate re irements of section 1 Line 45a.ck/tb'oX if some part of the proceeds wa o reimburse expenditures Figure and then enter the amount of proceeds that are used to reimburse the issuer for amounts paid for a qualified purpose prior to the issuance pf the bonds. See Regulations section aLi 45b. An issuer must adopt an o .,al intent to reimburse itself for reissuance expenditures within 60 days after payment of the original expenditure unless excepted by Regulations section 1 150-2(f) Enter the date the official intent was adopted See Regulatfons section 1.150-2(e) for more information about official intent. Signature and Consent An authorized representative of the issuer must sign Form 8038-G and any applicable certification Also print the name and title of the person signing Form 8038-G. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the persons) that have been designated in Form 8038-G. Note. If the issuer in Part 1, lines 3a and 3b authorizes the IRS to communicate (including in writing and by telephone) with a person other than an officer or other employee of the issuer, by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person Paid Preparer If an authorized officer of the issuer filled in this return, the paid preparer's space should remain blank Anyone who prepares the return but dces not charge the organization should not sign the return Certain others who prepare the return should not sign For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc , should not sign. Generally, anyone who Is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. The paid preparer mush • Sign the return In the space provided for the preparees signature (a facsimile signature is acceptable), • Enter the preparer information, and • Give a copy of the return to the issuer. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information We need it to ensure that you are complying with these laws You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material In the adminlstration of any Internal Revenue law Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete a this form varies depending on in idual circumstances The estimated erage time is, Page 5 .15 Learning about the taw or the form Preparing/the in assemblind sect g the ForthIRS 2 hr, 41 min 82012 All Ag*. Reserved PMW n 0. U S A 081PFDIX085.4 5112 De Lage Landen Public Finance LLC ACCEPTANCE CERTIFICATE 1111 Old Eagle School Road Wayne, PA 19087 Ladies and Gentlemen Re State and Local Government Lease Purchase Agreement dated as of May 7 20 14 , between De Lage Landon Public Finance LLC, as Lessor, and CIN OF SEAL BEACH , as Lessee In accordance with the State and Local Government Lease Purchase Agreement (the "Agreement'), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows 1 All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof 2 Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes 3 Lessee is currently maintaining the insurance coverage required by Section 14 of the Agreement 4 No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof iSEAO 0201AAW4k4ed RIM n IM 11 S A 07PFDDC055+1 3109 LO L) 0 0 EL EL 0 Lessee CITY OF SEAL BEA12,14 pp pp JJ!! w wee wwnl ��1� •11 in 0201AAW4k4ed RIM n IM 11 S A 07PFDDC055+1 3109 LO L) 0 0 EL EL 0