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O-26-01 04/09/2001VILLAGE OF LEMONT oRDnvarrcE(� -a�- Dl AN ORDINANCE AUTHORIZING ADOPTION OF A LEASE - PURCHASE AGREEMENT WITH FORD MOTOR COMPANY ADOPTED BY THE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT Published in pamphlet form By authority of the President And Board of Trustees of the Village of Lemont, Counties Of Cook, Will and DuPage, Illinois this day of , 2001. ORDINANCE ORDINANCE AUTHORIZING ADOPTION OF A LEASE /PURCHASE AGREEMENT WITH FORD MOTOR CREDIT CORP. WHEREAS, on October 9, 2000, the Village Board approved the purchase of two 1 -Ton Dump Trucks from Northwest Ford in the amount of $72,126.60; and WHEREAS, it is necessary to adopt a formal lease agreement to complete delivery of the vehicle. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees that the attached Lease/Purchase Agreement with Ford Motor Credit Company is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 9th day of April , 2001. John Benik Debby Blatzer Keith Latz Connie Markiewicz Richard Rimbo Mary Studebaker Approved by me this 9th day of ATTEST: AYES NAYS PASSED ABSENT V CHARLENE SMOLLEN, Village Clerk , 2001 RICH • ' r A. KWASNESKI, Village President HARLENE SMOLLEN, Village Clerk Approved to form: /s/ John Antonopoulos Village Attorney Ford Motor Credit Company The Honorable Richard A. Kwasneski, Mayor Village of Lemont, Public Works Department 14574 127th Street Lemont, IL 60439 1 American Road P.O. Box 1739 Dearbom, Michigan 48121 -1739 March 21, 2001 Subject: Master Equipment Lease - Purchase Agreement - Lease No. 6505500 Dear Mayor Kwasneski: Enclosed are the subject documents for the Equipment being acquired from Northwest Ford Truck Center, Inc.. Please review the following documentation for accuracy: • Amendment - Please sign where indicated. If not appropriate, line through the form and return unsigned. • Schedule 6505502, Page 1 - Please sign where indicated. • Delivery and Acceptance Certificate(s) - Please sign and indicate the date the Equipment was accepted by you or your authorized representative. • Temporary insurance Form - Please complete and sign where indicated. • 8038 -GC - Please review and sign where indicated. On your behalf, we will forward the signed original form to the IRS. Also enclosed is an invoice for the first payment check payable to Ford Motor Credit Company in the amount of $2,215.64 for the first payment. Please return the check and all signed original documents by 3/29/01, preferably to the express mail address below. If documents cannot be returned by this date, or if you have any questions, please call me at 1- 800 -241 -4199, Ext. 2, 172, and refer to Schedule 6505502. Overnight/Express Delivery Ford Motor Credit Company Commercial Lending - MD 7500 1 American Road, Suite 2277 Dearborn, MI 48126 ATTN: Patricia Walker, Municipal Finance U.S. Regular Mail Ford Motor Credit Company Commercial Lending - MD 7500 P. O. Box 1739, Suite 2277 Dearbom, MI 48121 -1739 ATTN: Patricia Walker, Municipal Finance After the documents are signed for Ford Motor Credit Company, a set of copies will be sent to you. Enclosures Sincerely, Linda Adhmus Municipal Finance PLEASE NOTE: The interest rate may be subject to a rate increase or require a rate extension fee if the documents are not retumed by 06/30/2001. INVOICE March 21, 2001 LESSEE: Village of Lemont Public Works Department 14574 127th Street Lemont, IL 60439 REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCE P. O. BOX 1739 - MD 7500 DEARBORN, MI 48121 -1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT NUMBER FIRST PAYMENT DUE DATE DESCRIPTION PAYMENT AMOUNT 6505502 03/22/2001 (1) 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F51 EB32052, 30072994, 4400175 and 00- 09- 3888); and (1) 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F31 EB32051, 3072993, 5000092, 00 -09 -3887) $2,215.64 PLEASE REMIT: $2,215.64 If you have any questions regarding this invoice, please call Linda Adamus (800 - 241 -4199, Ext. 2, 172). SCHEDULE 6505502 - MASTER EQUIPMENT LEASE - PURCHASE AGREEMENT Lease No. 6505500 AMENDMENT That certain Master Equipment Lease - Purchase Agreement, by and between Ford Motor Credit Company ( "Lessor") and Village of Lemont ( "Lessee "), dated as of March 22, 2001 (the "Lease ") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax - exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ( "Code "); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax - exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 22nd day of March, 2001. LESSEE: Village of Lemont LESSOR: Ford Motor Credit Company Public Works Department By: Title: O _ By: id A. n� asnes ' Frank Mastrella ayor Title: Operations Manager, Municipal Finance Page 1 SCHEDULE 6505502 - MASTER EQUIPMENT LEASE- PURCHASE AGREEMENT Lease No. 6505500 This Equipment Schedule dated as of 03/22/2001, is being executed by Ford Motor Credit Company ( "Lessor"), and Village of Lemont ( "Lessee "), as a supplement to, and is hereby made a part of that certain Master Equipment Lease - Purchase Agreement dated as of 01/06/2000 ( "Lease "), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 1 1 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F51 EB32052, 30072994, 4400175 and 00 -09- 3888); and 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F31 EB32051, 3072993, 5000092, 00 -09 -3887) Northwest Ford Truck Center, Inc. EQUIPMENT LOCATION: Village of Lemont Public Works Department 14574 127th Street Lemont, IL 60439 Initial Term: Periodic Rent: 36 Months Commencement Date: 03/22/2001 35 Consecutive Monthly in Advance Payments of $2,215.64 each (including interest), followed by one final payment of $2,215.96, due under this Lease. The Periodic Rent Payment also includes any applicable sales /use tax due and payable on the Lease Payment Dates, set forth in Schedule 6505502, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Village of Lemont LESSOR: Ford Motor Credit Company P• • 'c Works Department By: � By: !'hard A. Kwasneski Frank Mastrella Title: Operations Manager, Municipal Finance Title: Mayor Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. Schedule 6505502 Payment Schedule Rate: 6.90% Page 2 Lease Number: 6505500 Lease Lease Payment Payment Lease Interest Principal Concluding NUmber Date Payment Portion Portion Payment 1 3 / 22 / 2001 2,215.64 2 4 / 22 / 2001 2,215.64 3 5 / 22 / 2001 2,215.64 4 6 / 22 / 2001 2,215.64 5 7 / 22 / 2001 2,215.64 6 8 / 22 / 2001 2,215.64 7 9 / 22 / 2001 2,215.64 8 10 / 22 / 2001 2,215.64 9 11 / 22 / 2001 2,215.64 10 12 / 22 / 2001 2,215.64 11 1 / 22 / 2002 2,215.64 12 2 / 22 / 2002 2,215.64 13 3 / 22 / 2002 2,215.64 14 4 / 22 / 2002 2,215.64 15 5 / 22 / 2002 2,215.64 16 6 / 22 / 2002 2,215.64 17 7 / 22 / 2002 2,215.64 18 8 / 22 / 2002 2,215.64 19 9 / 22 / 2002 2,215.64 20 10 / 22 / 2002 2,215.64 21 11 / 22 / 2002 2,215.64 22 12 / 22 / 2002 2,215.64 23 1 / 22 / 2003 2,215.64 24 2 / 22 / 2003 2,215.64 25 3 / 22 / 2003 2,215.64 26 4 / 22 / 2003 2,215.64 27 5 / 22 / 2003 2,215.64 28 6 / 22 / 2003 2,215.64 29 7 / 22 / 2003 2,215.64 30 8 / 22 / 2003 2,215.64 31 9 / 22 / 2003 2,215.64 32 10 / 22 / 2003 2,215.64 33 11 / 22 / 2003 2,215.64 34 12 / 22 / 2003 2,215.64 35 1 / 22 / 2004 2,215.64 36 2 / 22 / 2004 2,215.96 0.00 402.85 392.43 381.94 371.40 360.80 350.13 339.40 328.61 317.76 306.85 295.88 284.84 273.74 262.57 251.34 240.04 228.68 217.26 205.77 194.21 182.59 170.90 159.14 147.32 135.42 123.46 111.43 99.33 87.16 74.93 62.62 50.24 37.79 25.26 12.67 TOTALS 79,763.36 7,486.76 2,215.64 1,812.79 1,823.21 1,833.70 1,844.24 1,854.84 1,865.51 1,876.24 1,887.03 1,897.88 1,908.79 1,919.76 1,930.80 1,941.90 1,953.07 1,964.30 1,975.60 1,986.96 1,998.38 2,009.87 2,021.43 2,033.05 2,044.74 2,056.50 2,068.32 2,080.22 2,092.18 2,104.21 2,116.31 2,128.48 2,140.71 2,153.02 2,165.40 2,177.85 2,190.38 2,203.29 72,276.60 70,060.96 68,248.17 66,424.96 64,591.26 62,747.02 60,892.18 59,026.67 57,150.43 55,263.40 53,365.52 51,456.73 49,536.97 47,606.17 45,664.27 43,711.20 41,746.90 39,771.30 37,784.34 35,785.96 33,776.09 31,754.66 29,721.61 27,676.87 25,620.37 23,552.05 21,471.83 19,379.65 17,275.44 15,159.13 13,030.65 10,889.94 8,736.92 6,571.52 4,393.67 2,203.29 1.00 LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121 -1739 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ( "Equipment ") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease - Purchase Agreement ( "Lease ") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 6505502 NUMBER DATE ORDER NO. DATE 01/06/2000 6505500 03/22/2001 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 1 1 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F51 EB32052, 30072994, 4400175 and 00 -09- 3888); and 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F31 EB32051, 3072993, 5000092, 00 -09 -3887) Northwest Ford Truck Center, Inc. LESSEE: Village of Lemont 14574 127th Street Lemont, IL 60439 BY: (Title) DATE ACCEPTED: INSURANCE FACT SHEET We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below. If more than one insurance company is used, indicate each and for what type coverage. Per the Master Equipment Lease - Purchase Agreement, Lease No. 6505500, we require Liability and Physical Damage on all vehicles, Liability and Property Damage on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee or Additional Insured. RETURN TO: Ford Motor Credit Company, Municipal Finance, PO Box 1739 - MD 7500, Dearbom, MI 48121 -1739. SCHEDULE NO: 6505502 PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES A MINIMUM OF $1,000,000 PUBLIC LIABILITY COVERAGE MUNI: Village of Lemont ADDRESS: 14574 127th Street CITY: Lemont, IL 60439 CONTACT: Jean Nona, Accts. Payable 630 - 257 -1550 PHONE: (630) 243 -2705 EQUIP DESC: (1) 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1 FDAF57F51 EB32052, 30072994, 4400175 and 00 -09- 3888); and (1) 2001 Ford F550 With 9 -Ft. Crysteel Dump Body, 9 -Ft. Western Unimount Snow Plow and Monroe Spreader (1FDAF57F31EB32051, 3072993, 5000092, 00 -09 -3887) INSURANCE COMPANY: ADDRESS: CITY: STATE: ZIP: PHONE: CONTACT PERSON: POLICY NO: EXPIRATION DATE: LIABILITY AMT: PROPERTY DAMAGE AMT: PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: INSURANCE COMPANY: ADDRESS: CITY: STATE: ZIP: PHONE: CONTACT PERSON: POLICY NO: EXPIRATION DATE: LIABILITY AMT: PROPERTY DAMAGE AMT: PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: SELF - INSURED: IF YOU ARE SELF - INSURED FOR ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE POOL/FUND. NAME OF INSURANCE POOL/FUND: SELF - INSURED FOR: LIABILITY: $ PROPERTY: $ PHYSICAL: $ CONTINUOUS COVERAGE: FROM: TO: PLEASE SIGN: Richard A. Kwasneski, Mayor Form 8038 -GC (Rev. May 1999) Department at the Treasury Internal Revenue Service Information Return for Small Tax - Exempt Governmental Bond Issues, Leases, and Installment Sales • Under Internal Revenue Code section 149(e) Caution: Use Fomt 8038 -G if the issue price of the issue is $100, 000 or more. Part I Re • opton . Authors Issuers name Village of Lemont Number and street (or P. e. box mad is not delivered to street address) 14574 127th Street OMB No. 1545-0720 Check box if Amended Retum ► ❑- 2 Issuers employer identification number 36- 6005968 Room/ uite City. town. or post office. state. and ZIP code Lemont, IL 60439 Name and title of officer or legal representative whom the IRS may call for more information Part II Description of Obligations (Check if reporting: a single issue Il or 5 Report number GC 2001 - 6505502 7 Telephone number of officer or legal representaeve 630 -257 -1550 on a consolidated basis U 8a Issue price of obligation(s) (see instructions) b Issue date (single issue) or calendar year (consolidated) (see instructions) 9 Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s) b Representing a loan from the proceeds of another tax - exempt obligation (e.g., bond bank) 10 If the issuer has designated any issue under section 265(b)(3)(B)(1)(I11)(small issuer exception), check this box. • ❑ 11 If any obligation is in the form of a lease or installment sale, check this box ►® 12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box . •❑ 8 $70,060.96 9a 9b PLEASE SIGN HERE Under penalties of perjury. I declare that I have examined this retum and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct and complete. Issuers authorized representative Date Richard A. Kwasneski, Mayor Type or print name and title General Instructions Section references are to the lntemal Revenue Code Unless otherwise noted. Purpose of Form Form 8038 -GC is used by issuers of tax- exempt govemmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax- exempt govemmental obligations with issue prices of less than $100,000 must file Form 8038 -GC. Issuers of a tax- exempt govemmental obligation with an issue price of $100.000 or more must file Form 8038 -G, Information Retum for Tax - Exempt Govemmental Obligations. Filing a separate retum. Issuers have the option to file a separate Form 8038 -GC for any tax- exempt governmental obligation with an issue price of less $100,000. An issuer of a tax - exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see line 12 instructions). Filing a consolidated retum. For all tax - exempt govemmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information retum induding all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. When to File To file a separate retum, file Form 8038 -GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. To file a consolidated return, file Form 8038 -GC on or before February 15th of the calendar year following the year in which the issue is issued. Late filing. An issuer may be granted an extension of time to file Form 8038 -GC under Section 3 of Rev. Proc. 88-10, 1988 -1 C.B. 635, if it is determined that the failure to file on time is not due to willful neglect. Type or print at the top of the form, "This Statement is Submitted in Accordance with Rev. Proc. 88- 10." Attach to the Form 8038 -GC a letter briefly stating why Form 8038 -GC was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. Where to File File Form 8038 -GC with the Internal Revenue Service Center, Philadelphia, PA 19255. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal govemment, use Form 8038 -T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Retum for Tax - Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this retum as whole- dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 cents through 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax- exempt govemmental obligation if Form 8038 -GC is used for separate reporting or to multiple tax- exempt govemmental obligations if the form is used for consolidated reporting. Tax -exempt obligation. This is a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax -exempt governmental obligation. A tax- exempt obligation that is not a private activity bond (see below) is a tax- exempt govemmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue of which: • More than 10% of the proceeds are to be used for any private business use. and Cat. No 641088 Form 8038 -GC (Rev. 5-99)