R-1834 - 12/10/2019 - AGREEMENTS - Resolutions Supporting DocumentsDocuSign Envelope ID:7A9DDBCB-399A-4425-ADBA415BO810ECAF
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Application ID:13006890
O JOHN DEERE
Version Number: 5
Governmental
FINANCIAL
LEASE AGREEMENT
1 F.SCFF'.0 NAME AND PHVSIr`41 ADDRF.C,C
VILLAGE OF OAK BROOK LESSEES LESSEE'S TYPE OF
AX1200OAKBROOKRDTID NUMBER PHONE NO. BUSINESS
OAK BROOK,IL 60523-2203 9534 630-368-5000 Municipality
LESSEE RESIDES IN(County/State) LESSEE AGREES TO KEEP GOODS IN(County5tate)
DUPAGE',IL See Equipment Location and County for each Item of Equipment below
NAME AND TITLE OF SIGNING OFFICER
RANIA SERENCES-SR PURCHASING ASSISTANT
I FSSORS NAMF AND ADDRE¢C
Deere Cretlit,Inc. PI/oNF n,IMaFR
P.O.Box 6600
Johnston,IA 50131-2945 800-828-8297
This Lease Agreement("Lease Agreement")is entered into between Deere Credit,Inc.,as Lessor("we","us "o ,and the Lessee
and any Co-Lessee identified above("you"or"your").
Each Lessee and Co-Lessee shall be jointly and severally liable for all obligations and his L se Agreement.
FOHIPMENT1 FACED
ngine
Year Manufacturer Equipment Description Hour Limit
Hours
Equipment
County
Outside
Per Year Charge
Location City Limits
2020 JOHN DEERE 50G COMPACT EXCAVATOR 4O0 518.00 OAK BROOK.IL DWAGE' No
ADDITIONAL DETAILS
Product ID HourMeter Asset Level Payment' Purchase Option Price
1FF050GXELH292585 0 16,202.82 26,639.07
Air
56 Option Price 26,639.01
Asset Level Payments ffflqof include Ilcable sales taxes. For purposes of this Lease Agreement,"Lease Payments"means the Lease Payment
as identified below.
LEASE TERM START DATE:May 30,2020
LEASE TERM END DATE:May 30,2023
The first Lease Payment Due Date is May 30,2021 and each successive Lease Payment is due on the same day of the Year thereafter,(the
Billing Period),unless otherwise provided below
NUMBER OF PAYMENTS
AGGREGATE OF ASSET SALES/USE
LEASE PAYMENT DUE DATE
LEVEL PAYMENTS TAx
3 16,202.82 1 $0.00 1 16,202.82 May 30,2021
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Semement Ner: 13006890 Equipment Type: Coni Forestry Commercial
DOC7000 Applica0on ID: 13006890 version Num—5 0109:25 AM Page 1 0(5
Revision Date:20 April 2020
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TERMS AND CONDITIONS
1. Lease Term: Payments. You agree to lease from us the Equipment described in this Lease Agreement for the Lease Term.The
Lease Term will begin on the Lease Term Start Date and end on the Lease Term End Date. All attachments and accessories itemized in
this Lease Agreement and all replacements,parts and repairs to the Equipment shall form part of the Equipment. This Lease Agreement
is not accepted by us until we sign it,even if you have made a payment to us.You agree to remit the Lease Payments each Billing Period
and all other amounts(including applicable sales, use and property taxes)when due to: DEERE CREDIT, INC., P.O. Box 4450, Carol
Stream, IL 60197-4450, even if we do not send you a bill or an invoice. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE,
UNCONDITIONAL,AND ARE NOT SUBJECT TO CANCELLATION,REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER.
For any payment which is not received by its due date, you agree to pay a late charge equal to 4.000% of the past due amount(not to
exceed the maximum amount permitted by law)as reasonable collection costs,plus interest from the due date until paid at a rate of 1.5%
per month, but in no event more than the maximum lawful rate. Restrictive endorsements on checks you send us will not change or
reduce your obligations to us. If a payment is returned to us by the bank for any reason, you agree to pay us a fee of$25.00 or the
maximum amount permitted by law,whichever is less. Lease Payments and other payments may be applied, at our discretion,to any
obligation you may have to us or any of our affiliates. If the total of all payments made during the Lease Term exceeds the total of all
amounts due under this Lease Agreement by less than $25.00 we may retain such excess. Lease Payments may be based on the
assumption that we will be entitled to certain tax benefits as the owner of the Equipment. If you take or fail to take any action that results
in a loss of such tax benefits,you will pay us,on demand,the amount we calculate as the value of such lost tax benefits. You certify that
the engine hour meter reading on each Item of Equipment is accurate as of the date you sign this Lease Agreement. If you use any
Equipment during the Lease Term for more than the Engine Hour Limit indicated above for that Item of Equipment, you will pay to us
within 10 days of the Lease Term End Date (or any earlier termination of this Lease Agreement)an amount equal to the Excess Hour
Charge for that Item of Equipment for each engine hour in excess of the Engine Hour Limit. If this Lease Agreement is terminated,
canceled or extended for any reason,the Engine Hour Limit will be prorated by us in our sole discretion.
2. Security Deposit. If a Security Deposit is indicated in the Advance Lease Payment Invoice,the Security Deposit w' a held s
in a non-interest-bearing account commingled with other funds. We may apply the Security Deposit to any amount under is
Lease Agreement and,if we do so,you agree to promptly remit to us the amount necessary to restore the Security Depo orig I
amount. The Security Deposit will be returned to you within 30 days of termination of this Lease Agreement final in ct y
provided you are not in default. As
3. Taxes. Although you may be exempt from the payment of certain Taxes,you agree to
paylb
voiced( sa use,
rental,gross receipts and all other taxes which may be imposed on the Equipment or its use,antaxes and gov I
charges associated with the ownership,use or possession of the Equipment including,but not Ii pens grope d
valorem taxes("Taxes").Taxes do not include those measured by our net income.If appli a uir returns or s
to be filed by you,you agree to promptly file such tax return and reports and deliver c , ies to keep and mak
available to us all tax returns and reports for Taxes paid by you.
4. Ownership: Misc_ina Information. We are the owner of the Equi ment and hav u quipment under the
terms of this Lease Agreement.You agree to keep the Equipment fre clear of I s andr xcept those in our favor,
and promptly notify us if a lien or encumbrance is placed or threatened a the Eq ment.v ly authorize us,at any time,
to (a) insert or correct information on this Lease Agree t, including cor legaserial numbers and equipment
descriptions; (b)submit notices and proofs of loss for any re ired insurance; c) dorse your name on remittances for insurance
and Equipment sale or lease proceeds.
5. Y agree to (a) USE T EQUIPMENT ONLY FOR AGRICULTURAL,
BUSINESS OR COMMERCIAL PURPOSES AND N - ERSONAL, FAMILY OR HOUSEHOLD PURPOSES;(b)not permanently
move the Equipment to another county ori: te with tifying us within 30 days; (c) operate and maintain the Equipment in
accordance with all(i)laws,ordinances
s
and retions,(ii) _- als and other instructions issued by the manufacturer(s)and supplier(s),
nand (iii)insurance policy terms arequirement `;(d)perform your own expense)all maintenance and repairs necessary to keep the
Equipment in as good a condition a Vrhen d 6- ed to you,re able wear excepted;(e)not install or use any accessory or device on
the Equipment which ge negatively affec the value, manufacturer warranty coverage,useful life or the originally
intended function o,,KMoft ip any way;(f)remove any non-financed accessory or device which is not otherwise prohibited
under subsection above be eas „piration or earlier termination without damaging the Equipment; (g)allow us and our agent(s)
to inspect the Egdment and all ur rds related to its use,maintenance and repair at any reasonable time;(h)keep any metering
devi Iled a Equipment nec nd in good working condition at all times;(i)affix and maintain,in a prominent place on the
CE any I s, plates or r mar Ings we may provide to you;and(j)not permit the Equipment to be used by, or to be in the
of,anye other tha or your employees.
nce Yd aSreeR. ur cost, to (a) keep the Equipment insured against all risks of physical damage for no less than its
Value(as suctfterm is defined in Section 7 below),naming us(and our successors and assigns)as sole loss payee;and(b)
blic I ility insurance,covering personal injury and property damage for not less than$1,000,000 per occurrence,naming us
our succe rs and assigns) as additional insured. All insurance must be with companies and policies acceptable to us. Your
ob _ n to a the Equipment continues until you return the Equipment to us and we accept it. Each insurance policy must provide
that C.Ny4pilrffitierest in the policy will not be invalidated by any act, omission, breach or neglect of anyone other than us; and (b) the
insurer will give us at least 30 days'prior written notice before any cancellation of,or material change to,the policy.
Unless you provide us with evidence of the required insurance coverages,we may purchase insurance,at your expense,to protect
our interests in the Equipment. This insurance may not(a)protect your interests;or(b)pay any claim that you make or any claim that is
made against you in connection with the Equipment. You may later cancel any insurance purchased by us, but only after providing us
with evidence that you have obtained the insurance required by this Lease Agreement. The cost of the insurance may be more than the
cost of insurance you may be able to obtain on your own.
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13006890 Equipment Type: Construction&Forestry Commercial
DOC7000 Application ID: 13006890 Version Number: 5 05/28/2020 09:25 AM Page 2 of 5
Revision Date:20 April 2020
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7. Loss or Damage. Until the Equipment is returned to us in satisfactory condition,you are responsible for all risk of loss, damage,
theft,destruction or seizure of the Equipment(an"Event of Loss"). You must promptly notify us of any Event of Loss. If the Equipment
can be repaired or replaced,you agree to promptly repair or replace the Equipment,at your cost,and the terms of this Lease Agreement
will continue to apply. If the Equipment cannot be repaired or replaced, you agree to pay us, within 10 days of the Event of Loss, its
Termination Value as of the day before such Event of Loss occurred. Upon receipt of the Termination Value, we will transfer to you(or
the insurance company)all of our rights,title and interest in such Item(s)of Equipment(each,an"Item of Equipment") AS-IS,WHERE-
IS,WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE.
All insurance proceeds must be paid directly to us,and we may apply any excess insurance proceeds to any other amounts you owe
us or any of our affiliates. "Termination Value"for any Item of Equipment shall be the net book value calculated as the sum of(a)all
Lease Payments and any other amounts then due and payable to us; plus(b)the present value of all remaining Lease Payments and
other amounts, discounted at the; Internal Rate of Return or, if a discount rate is set forth in this Lease Agreement, such discount rate
the"Discount Rate");plus(c)the unamortized amount of our direct costs of originating and administering this Lease Agreement;plus (d)
cost to repair and refurbish the Item so that it is in satisfactory condition in accordance with Section 10; plus(e)the present value of the
Purchase Option Price(or, if there is no Purchase Option Price,the residual value that we assumed in calculating the Lease Payments)
discounted at the Discount Rate."Internal Rate of Return"shall be calculated using standard finance techniques with the equipment cost,
Lease Payments, Lease Term and Purchase Option Price (or residual value assumption)as the variables. "Discount Rate" shall mean
the Internal Rate of Return minus two percentage points(2%).
8. Purchase Ootion. In the event you desire to purchase an Item of Equipment at the Lease Term End Date and you are not in
default, you agree to pay us the applicable Purchase Option Price (plus applicable Taxes including estimated property taxes)for each
Item of Equipment. Upon receipt of the Purchase Option Price and any other amounts you owe us on or before the Lease Term End
Date, we will transfer to you all of our right, title and interest in such Item(s) of Equipment AS-IS, WHERE-IS, WITHOUT ANY
WARRANTY AS TO CONDITION OR VALUE.
9. Early Payoff. In the event you desire to purchase an Item of Equipment prior to the Lease Term End Date,are not in defaull6nd
you request a payoff amount quote,you agree to pay us the payoff amount.Upon receipt of the payoff amount,we will t er to yd&alll
of our right, title and interest in such Item of Equipment AS-IS, WHERE-IS, WITHOUT ANY WARRANTY AS TO IdNIR
VALUE.
10. Return of Eciuioment. If this Lease Agreement is terminated for any reason and you do not(a)ret the ipme o u
exercise any Purchase Option, you agree to remit to us, until such time as the Equipment is retu us i or ce wi
provisions of this Section,lease payments each month equal to the higher of(i)the monthly fair ental value ipment,
determined by us in our sole discretion, or (ii) the monthly Lease Payment (or the monthly a payme equiv the Lease
Payments are other than monthly (e.g., for annual Lease Payments, the monthly leas aym equi ould b ulated by
dividing the annual Lease Payment by 12)). All Equipment must be returned tot ne t Jo dealer that se quipment
substantially similar to the Equipment,at your expense and in satisfactory condition, ng all aintenan nd repair records.
Equipment is in satisfactory condition if it is in as good a condition as when the ipm was ered reasonable wear
excepted. Unsatisfactory condition shall include any condition describedelow("Exc ive and
al Mechanical. (A) Computer systems or safety and emission oI equip t not rope ng order; (B) mechanical
components that are missing, broken or unsafe or that do not operate ally,g n the a the quipment; (C)wear on power
train assembly that exceeds manufacturer's standards r normal we d t ; (D) an r filters not within manufacturer's
specifications; (E) any gauges or fluid indicators that damaged or do f tion; (F) the electrical system fails to operate
properly;(G)the battery fails to hold a charge;(H)any wff harnesses not tied nd kept secured,dry and clean;(1)any pumps,
motors, valves or cylinders not in good o con n or that fail to mee nufacturer's rated specifications; (J) hydraulic
system exceeds manufacturer's then-current a tandards(as shown by oil sample analysis); (K)equipment not serviced
according to manufacturer's,nrati I;an y lubricant,water or A/C seal leaks.
b)Exterior. (A) Dents larger Inc n diamet )excessive number of dents or scratches; (C)any scratch 8"or longer
that reaches the metal skin; ny sing, ip the siz a quarter or larger or multiple small chips within one square foot; (E)
substandard paint repairs, su s peeli bubbling or atched shades that evidence poor condition in comparison to the
original paint and ain a in excess of$ 0;(F)rust holes in the body metal or a rust spot that covers more than
a 4-inch squar gl must be replaced due to cracks or missing glass and any windshield damages cracked or
broken glass st be rep ; ( II frame damage and substandard frame repairs; and/or(1) any tires or tracks that (i) have
broken side Is or excessi uts damages, (ii)have less than 50% of the original useful life remaining, or(iii)are not of the
s ize,t grade or equi nt q y manufacturer as were originally included on the Equipment.
Heav "interior soil or strong odors, such as manure,that cannot be removed by general cleaning;
B) uncean 'tion of op or environment; and/or (C) holes, tears, or burns on the dash, floor covers, seats, headliners,
upholstery or in
dl General A) not operated or maintained in accordance with manufacturer's specifications or if components,fuels or
F; fluids, on or, connection with the Equipment that do not meet manufacturer's standards were used; and/or(B)any other damage
hat in the aregate costs$250 or more to repair or that makes the Equipment unlawful or unsafe to operate.
All warranty and PIP("Product Improvement Program")work relating to the Equipment must be completed prior to the
rm End Date; (B) the Equipment must be cleaned prior to its return; (C)The Equipment must be prepared for storage
according to the operators manual,including flushing the system and use of winterization fluid.
fl Hour Meter. For each Item of Equipment returned with a broken or missing hour meter,you shall accept an invoice from us and
remit to us an amount equal to $1,000. You agree that the engine hour meter included with the Equipment is conclusive of the
number of hours of Equipment use.
fol Invoices for Excess Wear And Tear.Upon any return of the Equipment,we shall,in our sole discretion,determine the existence
of any Excessive Wear and Tear. In the event any Item of Equipment is returned to us with Excessive Wear and Tear,you shall,at
our sole discretion, (A)accept an invoice from us and remit to us the cost of repairing or replacing the affected component(s)which
we determine necessary to return the Equipment to its required condition; and/or(B) accept an invoice from us and remit to us an
amount equal to our estimate of(i)the cost of new tires or tracks if the tires or tracks are damaged due to broken side walls or
excessive cuts or damage, or (ii) the cost of new tires or tracks multiplied by the difference between (a) our estimate of the
percentage of the useful life of the tires and tracks then remaining, and (b) 50%. For example, if you return Equipment with tires
having 20% of their useful life remaining, you would remit to us an amount equal to 30% of the cost of new tires ((50% - 20%)
multiplied by the cost of new tires). Your failure to remit the required payment to us within 10 days of demand shall constitute a
default by you under the terms of this Lease Agreement.
11. Default. You will be in default if: (a)you fail to remit to us any Lease Payment or other payment when due; (b)you breach any
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13006890 Equipment Type: Construction&Forestry Commercial
DOC7000 Application ID: 13006890 Version Number: 5 05/28/2020 09:25 AM Page 3 of 5
Revision Date:20 April 2020
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other provision of this Lease Agreement and fail to cure such breach within 10 days; (c)you remove any Equipment from the United
States;(d)a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law; (e)a default occurs under any
other agreement between you (or any of your affiliates)and us(or any of our affiliates); (f)you or any guarantor is acquired by, merges
with or consolidates into another entity,sells substantially all its assets,dissolves or terminates its existence,or(if an individual)dies;or
g)you fail to maintain the insurance required by Section 6. Time is of the essence under this Lease Agreement.
12. Remedies. If a default occurs,we may,to the extent permitted by applicable law,do one or more of the following: (a)require you
to return the Equipment in the manner outlined in Section 10, or take possession of the Equipment; (b) recover from you, AS
LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY:(i)if the Equipment is returned to to us,the sum of(1)all
Lease Payments and any other amounts then due and payable to us; (2)the present value of all remaining Lease Payments and other
amounts,discounted at the Discount Rate;(3)the cost to repair and refurbish the Item of Equipment so that it is in satisfactory condition
in accordance with Section 10; and (4) the unamortized amount of our initial direct costs of originating and administering this Lease
Agreement, (ii)if the Equipment is not returned to us,the Termination Value as of the date of such default,or(iii)if you are in default of
subsection (e)of Section 5 above the Termination Value as of the date of such default; (c)declare any other agreements between you
and us(or any of our affiliates)in default;(d)terminate any of your rights(but none of your obligations)under this Lease Agreement and
any other agreement between you and us (or any of our affiliates); (e) charge you for the expenses incurred in connection with the
enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys'fees and court costs; (f)
exercise any other remedy available at law or in equity;and(g)take on your behalf(at your expense)any action required by this Lease
Agreement which you fail to take. These remedies are cumulative,are in addition to any other remedies provided by law, and may be
exercised concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or
future right.
13. Assignment. You will not assign, pledge or otherwise transfer any of your rights or interests in this Lease Agreement or any
Equipment without our prior written consent. Any assignment without our consent will be void. This Lease Agreement shall be binding
upon any successor or permitted assignee. We may assign this Lease Agreement or our interest in the Equipment at any time wlout
notice to you and without your consent. We may provide information about you to any prospective assignee or particit. You a e
not to assert against our assignee any claims,offsets or defenses which you may have against us.
14. Indemnity. You are responsible for all losses, damage, claims, injuries to or the death of an individua nd atto y s
costs("Claims"), incurred or asserted by any person, in any manner related to the Equipment or this Leas , gr nt th of,i di
its use,condition or possession. You agree to defend and indemnify us, and hold us harmless, again _, [aim ' thou we r
the right to control the defense and to select or approve defense counsel. You will promptly not!_ of all Claims e. our liab
under this Section is not limited to the amounts of insurance required under this Lease Agreeme rhihis indempity co'eyond th
termination of this Lease Agreement for acts or omissions which occurred during the Leas Term
15. Representations and Warranties. You represent and warrant to us,as of the e o s Le Wement,and cove nt to
us so long as this Lease Agreement is in effect, that: a) you are a State, or a p cal dross! thereof, for; Irposes of Section
103 of the Internal Revenue Code of 1986, as amended (the "Code"); (b) any ume regw to be Bred in connection
with the Lease (collectively, the "Documents") have been duly au ed by y in acc nce applicable laws, rules,
ordinances, and regulations; (c)the Documents are valid, legal, bindin ement nforce
Y£
in aMrdance with their terms and
the person(s) signing the Documents have the authority to so, are ac ith t full authFaation of your governing body, and
hold the offices indicated below their signatures; (d) the Ement is essen t immediate performance of a governmental or
proprietary function by you within the scope of your auth 'y and shall be us g the Lease Term only by you and only to
perform such function; (e) you intend to use th u ipmen or the entire Lease Te and shall take all necessary action to include
in your annual budget any funds required„ _fulfil w :db tions each fiscal period during the Lease Term; (f) you have complied
fully with all applicable law governin ngs, pu adding and appropriations, required in connection with the Lease and the
debt under applicable state law; our obi ions to re Lease Payments and other amounts due and to become due under
the Lease constitute a current ex se and a debt and plicable state law; (h) all financial information you have provided is
true and a reasonable k sentati 'of y ancial conditio (i)you shall not do or cause to be done any act which shall cause,
or by omission of. th t portion of any Lease Payment to become includible in our gross income for Federal
income taxation oses and a e; Q) you shall maintain a complete and accurate account of all assignments of the Lease
in the form su nt to comp ith ok entry requirements of Section 149(a) of the Code and the regulations prescribed
the from a to time; an (k) y shall comply with the information reporting requirements of Section 149(e) of the Code.
S Ieom nce II include,bu t be limited to,the execution of 8038-G or 8038-GC Information Returns.
You acknow a and a that: (a) we did not select, manufacture or supply any of the Equipment; (b) we acquired the
uipment at your you selected the supplier of the Equipment; (d) you are entitled to all manufacturer warranties
arranty Rig ') and we assign all Warranty Rights, to you, to the extent assignable; (e) you may request an accurate and
lete state t of the Warranty Rights, including any disclaimers and limitations, directly from the manufacturer; and (f) you
a to us our rights (but none of your obligations) under all purchase orders, purchase agreements or similar documents
relat quipment. You waive all rights and remedies conferred upon a lessee under Sections 508- 522 of Article 2A of the
Uniform Commercial Code.
16. Governina Law: Jurisdiction: Venue. THIS LEASE AGREEMENT WILL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF IOWA,WHERE THIS LEASE AGREEMENT IS ACCEPTED AND ENTERED INTO,except for its
conflict of laws provisions. You irrevocably submit to the non-exclusive jurisdiction and venue of federal and state courts located in Des
Moines, Iowa and will not claim it is an inconvenient forum for legal action. YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU
AND WE MAY HAVE TO A JURY TRIAL.
17. Miscellaneous, WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
OTHERWISE.WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You acknowledge that no supplier or dealer
of the Equipment is an agent of ours,or authorized to act for or bind us. You agree not to withhold any amount you owe us if you believe
you have a claim against us, or any Equipment supplier(s) or manufacturer(s), but to pursue that claim independently. Any claim you
have against us must be made within two years after the event that caused it. All notices must be in writing and will be deemed given 5
days after mailing to the intended recipient at its address indicated above, unless changed by a notice given in accordance with this
Section. This Lease Agreement supersedes and replaces all prior understandings and communications(oral or written)concerning the
subject matter thereof. Except as otherwise provided in Section 12(d) no part of this Lease Agreement can be amended, waived or
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13006890 Equipment Type: Construction&Forestry Commercial
DOC7000 Application ID: 13006890 Version Number: 5 05/28/2020 09:25 AM Page 4 of 5
Revision Date:20 April 2020
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terminated except by a writing signed by both you and us. Any part of this Lease Agreement may be signed in separate counterparts
that,together,will constitute one document. If a court finds any part of this Lease Agreement to be invalid or unenforceable,the
remainder of this Lease Agreement will remain in effect. You permit us to monitor and record telephone conversations between you and
us. By providing any telephone number,including a mobile phone number,to us,any of our affiliates or any debt collectors we retain,
we,such affiliates and such retained debt collectors can contact you using that number,including calls using an automatic dialing and
announcing device and prerecorded calls,and that such calls are not"unsolicited"under state or federal law. All of our rights under this
Lease Agreement shall remain in effect after the expiration of the Lease Term or termination of this Lease Agreement.
Notwithstanding any other election you make,you agree that(a)we can access,retain and use,at any times we elect any
information regarding the location,maintenance,operation and condition of the Equipment;(b)you irrevocably authorize anyone in
possession of that information to provide all of that information to us upon our request until our security interest in the Equipment is
terminated;(c)you will not disable or otherwise interfere with any information gathering or transmission device within or attached to the
Equipment;and(d)we may reactivate any such device.
18. Non"Annronrlation of Funds.You intend to remit to us all Lease Payments and other payments for the full Lease Term if
funds are legally available.In the event you are not granted an appropriation of funds at any time during the Lease Term for the
Equipment or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to you to
remit Lease Payments and other payments due and to become due under this Lease Agreement,and there is no other legal
procedure or available funds by or with which payment can be made to us,and the non-appropriation did not result from an act or
omission by you,you shall have the right to return the Equipment in accordance with Section 10 of this Lease Agreement and
terminate this Lease Agreement on the last day of the fiscal period for which appropriations were received without penalty or
expense to you,except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted.At
least 30 days prior to the end of your fiscal period,your chief executive officer(or legal counsel)shall certify in writing that(a)funds
have not been appropriated for the fiscal period,(b)such non-appropriation did not result from any act or failure to act by you,and
c)you have exhausted all funds legally available to pay Lease Payments. If you terminate the Lease because of a non-
appropriation of funds,you may not,to the extent permitted by applicable law,purchase,lease,or rent,during the s quent fiscal
period,equipment performing the same functions as,or functions taking the place of,those performed by the ipment.This
Section 18 shall not permit you to terminate the Lease in order to acquire any other equipment or to acate f s ectly,or
indirectly to perform essentially the application for which the Equipment is intended.
If you terminate the Lease because of a non-appropriation of funds,the provisions of Section 8 shall not apply.
19. You acknowledge and agree that,if You execute this Lease Agreement with your electro ature (a)yc s ifying
your intent to enter into this Lease Agreement and that this Lease Agreement be legally valid an forceable in accordance with its
terms to the same extent as iT you had executed this Lease Agreement using your written signal ;and(b).this Lease A ent
is an electronic record executed by you using your electronic signature.You agree that unless th0,authoritative electronic 8$-py of
this Lease Agreement("Authoritative Copy")is converted to paper and marked as the original by us(the"Pape Tract"),the
Authoritative Copy shall at all times reside in a document management system designated by us for the stor authoritative
copies of electronic records(the"DMS"),and shall be deemed held in tFF,,,ordinary course of business.In the even the Authoritative
Copy is converted to a Paper Contract,you acknowledge and agree tIn (1)your signing of this Lease Agreement also constitutes
issuance and delivery of such Paper Contract,(2)your electronic signature associated with this Lease Agreement,when affixed to
the Paper Contract,constitutes your legally valid and binding signature on the Paper Contract,and(3)your obligations will be
evidenced by the Paper Contract alone after such conversion,,
THE TERMS OF THIS LEASE AGREEMENT SHOULD BE READ CAREFULLY ItFORE SIGNING BECAUSE ONLY THESE
WRITTEN•TERMS ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES MAY BE LEGALLY ENFORCED. BY
SIGNING THIS LEASE AGREEMENT,YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LEASE
AGREEMENT.THIS LEASE AGREEMENT IS THE COMPLETEjAND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND US,EXCEPT AS WE MAY LATER AGREE IN WRITINIPTO MODIFY IT.
NOTICES TO THE LESSEE-DO NOT SIGN THIS LEASE AGREEMENT IN BLANK.YOU ARE ENTITLED TO A COPY OF THE
LEASE AGREEMENT AT THE TIME YOU SIGN IT TO PROTECT YOUR LEGAL RIGHTS.
VILLAGE OF OAK BROOK
vsgma W.
6/1/26y. Mimi S'Ti tts
Dale Sigd) RANIA SERENCES,SR PURCHASING ASSISTANT
Accepted By: Deere Credit,Inc.(Lessor)
6400 NW 86th Street,Johnston,IA 50131-6600
Eviffft
Da islened ev:
n6/25/2020 By: WV11,Ih
se,c,aec.cu+a
Date Agreement Signed) Authorized Signature)
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr: 13006890 Equipment Type: Construction&Forestry Commercial
DOC7000 Appliwbon ID: 13006890 Verson Number:5 05/28/2020 09:25 AM Page 5 of 5
Revision Date:20 April 2020
I I I I I 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
I
DocuSign Envelope ID:7A9DDBCB-399A-4425-AD8A-415B0810ECAF THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.net
Claim for Exemption of
JOHN DEERE State and Local Sales/Use Tax for
FINANCIAL Municipal and Tribal Entities
Seller
Name: Deere Credit Inc.
i
Address: 6400 NW 86" St. Johnston, IA 50131
Purchaser
Name: VILLAGE OF OAK BROOK
Address: 1200 OAK BROOK RD,OAK BROOK,IL 60523-2203
ID Number (If Applicable):
Exemption Number (if applicable):
E99974381
Description of Item B Purase
Quantity Year Manufacturer uipment DescriptionIt
1 2020 J0 RE 50G COMPACT EXCAVATOR
By signing below, purchaser certifies that the items b purchased are exempt from state and local sales tax.
Docuftnod by:
By:MMA SCK
Title:
senior Pu asing As to
0
Date:
202
Telepho umber:
30368 164
Revision Date:19 January 2020 Application ID: 13006890 Version Number:5
FORM0720
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DocuSign Envelope ID:7A9DDBCB399A-4425-ADBA415B0810ECAF THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.net
JOHN DEERE
FINANCIAL Delivery and Acknowledgment
LESSEE:
ILLAGE OF OAK BROOK
1200 OAK BROOK RD,OAK BROOK,IL 60523-2203
LESSOR:
DEERE CREDIT,INC.
6400 NW 86th ST,PO BOX 6600,JOHNSTON,IA 50131-6600
Capitalized terms shall have the meanings set forth in the Lease Agreement.
You hereby represent and warrant that: (a)all of the Equipment more fully described in the Lease Agreement was selected by you;(b)all of
the Equipment and the Operator's Manuals have been delivered to,and received by,you;(c)you received the manufacturer's written
warranty applicable to the Equipment and you understand that your rights are subject to the limitations outlined therein;(d)the safe
operation and the proper servicing of the Equipment has been explained to you;(e)all of the Equipment has been inspected by you and is
in good working order and repair(operating or otherwise);(f)the Equipment shall be used only for the purpose indicated in the Lease
Agreement;(g)all of the Equipment is unconditionally and irrevocably accepted by you for all purposes under the Lease Agreement;and(h)
all information you provide to us is true and correct.
Signed by Lessee's duly authorized representative on the date shown below.
VILLAGE OF OAK BROOK
H l
sgn.s w: /
r6/1/2020
ay: stret'a
Date Signed) RANIA SERENCES,SR PURCHASING ASSISTANT
G-0
Revision Date: May 2019 Appaca—Io. 13006890 vee—N-1. 5
DOC7009
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Page,ol,
DocuSign Envelope ID:7A9DDBCB-399A-4425-AD8A-415B0810ECAF THIS IS A COPY
The Authoritative Copy of this record is held at na2.docusign.net
JOHN DEERE Physical Damage/LiabilityInsurance
FINANCIAL y
LESSEE:
VILLAGE OF OAK BROOK11200OAKBROOKRD,OAK BROOK, IL 60523-2203
LESSOR:
DEERE CREDIT, INC.16400 NW 86th ST, PO BOX 6600,JOHNSTON, IA 50131-6600
LIABILITY INSURANCE on the Lease Agreement will be provided by the following insurance agency:
ggNameofAgency: Intergovernmental Risk Phone Number of A03YY:
D0
INTERGOVERNMENTAL RISK MANAGEMENT AGENCYManagement Agency 708-562-0300
Mailing Address of Agency: Four Westbrook Corp. center, suite 940, Westches Number of Agency:
FOUR WESTBROOK CORP CENTER SUTIE 940,WESTCHESTER, IL 60154
PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency:
Name of Agency: Phone Number of Agency:
INTERGOVERNMENTAL RISK MANAGEMENT AGENCY 708-562-0300
Mailing Address of Agency: Fax Number of Agen`y:
FOUR WESTBROOK CORP CENTER SUTIE 940,WESTCHESTER, IL 60154 4& —1L- #A
If an insurance certificate is available, in place of the above information, it be vid to:"W4
ADDITIONAL INSURED and LOSS PAYE
Deere Credit, Inc.
Its Successors Wor Assigns
6400 NW 86th St
Johnston, IA 50134L,
6000
1 agree and understand that, pursuant to the provisions of Section 6 of the e A ment, ust at all times (a) maintain public liability
insurance, covering personal injury and property damage for not less than $ ,0 per oc rrence, naming Deere Credit, Inc. (and its
successors and assigns) as additional insured; and (b) keep the Equipment insu inst all risks of physical damage for no less than its
Termination Value(as such term is defined in Sectio f the 4ease Agreement), na Deere Credit, Inc. (and its successors and assigns)
as sole loss payee.
NOTICES TO LESSEE- DO NOT SIGN THIS ftHYAL DAMAGE/LIABILITY INSURANCE IN BLANK. YOU ARE ENTITLED TO A COPY
OF THE PHYSICAL DAMAGE/LIABILITY INSURANCE AT THE TIME YOU SIGN IT TO PROTECT YOUR LEGAL RIGHTS.
VILLAGE OF OAK BROOK
Op
Er
Signed by:
Q/'
6/1/2020 By: Q SfU"IiS
C,
Date Signed) RAN!A SERENCES,SR PURCHASING ASSISTANT
Revision Date:15 January 2017 Application ID: 13006890 version Number:5
FORM0717
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