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156291 02/06/2008 I CITY OF CARMEL, INDIANA VENDOR: 00352792 Page 1 of 1 ONE CIVIC SQUARE PENSKE CHEVROLET CHECK AMOUNT: $36,460.89 CARMEL, INDIANA 46032 3210 E 96TH ST PO Box 40319 CHECK NUMBER: 156291 INDIANAPOLIS IN 46240 -0319 CHECK DATE: 2/6/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4237000 368856 -1 80.45 REPAIR PARTS 2201 4237000 369566 544.31 REPAIR PARTS 601 5023990 370794 50.17 OTHER EXPENSES 1110 4237000 370976 238.53 REPAIR PARTS 1110 4237000 371188 23.67 REPAIR PARTS j 604 5023990 W08000 81140678 17,761.88 VANS 604 5023990 W08000 81170723 17,761.88 VANS i I 3210 E. 96TH ST. e P.O. BOX 40319 /th��evrolet Parts 0ENSA I 1 46240-0 846- CHEVR 846-666 Nati CUST DISCLAIMER O F Any warranty, on the products sold hereby are those made b the manufacturer. The Seller, PENSKE CHEVROLET, her&b* expressly disclaims all warranties, either expressed or implied, including any implie a particular purpose, and PENSKE CHEVROLET neither assumes n or authorizes other pe rson liability in connection with the sale of said products. F: ;�:u?a,x" 'I,"C+C, fi°- .,,a..�Ia x a....s d8:t` t cs.. b'+ r �;..T +.::E' a ya .d,.uv=« CUSTOMER NO TAXEXEMPT;NUMBERa P:O NO �5..' s }SHIP 'INVOICEDATE�' NVOIGE %NO�' ,r`"x 'r c:-,. I a°`n"" I �'x.' a 'I ,s �;_''t u .7 n ...:9r .I aI'±t -".z .I 00312.01 C CIVIC SQUARE L CARMEL, IN 46032 t 'QUAIVATITY 4 s a.. l z`ss .rws pry a; »m wn:'sf T` F 'r a i� Syr r i a i Ir v,1 KT: vh sFART NUMB /:'DESCRIPTION_' rx g BIN LIST NET's A fy y cF •.i ►�A f7 ci!� r t b r 4 MOUNT SHIP, BO rt y �`xzrn �;#a #'�"r v a I!'4.�G K'1•t!!'4�'. K'7. YI r 1 I. I t L. 242320 =T Llt?� y CYr.- ••1 KVr, V ,•1.K�! F AU �!►•fY+ t• cA ;;Y�i ►•�1� E'1! ti cA,.. `il'.�1► fY ti.cA, '5 Z ir• t At c� it k A� r I �yz r I ��f7 +tics �►��fy ��+a cA, •cr E 7 f_c� •t I PNOTE: SPECIAL ORDER OR FACTORY ORDERED ITEMS NOT RETURNABLE, ELECTRICAL PARTS NOT RETURNABLE. 15% HANDLING CHARGE FOR RETURNED ITEMS. WE ARE NOT RESPONSIBLE FOR A�� ON PARTS NOT INSTALLED ��I. j i r t i RETURNED B Y ALL EXCHANGES AND PA REFUN CLA S MUST A MPANIED BY THIS INVOI DAYS �Yr. Syr:;. ar_v, RECEIVED By. tit rffwnk `5, k• •t, A�.: `i M` `I. AK I I Y r I,. h Yf t I 1, �r F�� .Y 4 KZ W� Z4 'Jf. KT .Y�V t 120FP146M I OF -1 3210 E. 96TH ST. P.O. BOX 40319 INDIANAPOLIS, INDIANA 46240 -0319 (317) 846 -6666 CMEEW OLISU Chevrolet Parts Direct (317) 846 -2564 Indiana (800) 692 -6370 National Wats (800) 533 -6602 PENSKE CHEVROLET THANK YOU FOR YOUR BUSINESS!! PARTS HOURS 8:OOAM TO 5:30PM MONDAY THRU FRIDAY •t 94710031201550020 STOCK CHARGE DAVID POLLARD 01/29/08 370976 CVW 733 -4600 B CARMEL POLICE S 1 3 CIVIC SQUARE H L CARMEL, IN 46032 P T T O O AMO SHIP B. ARTNUMBER O 3 0 10283834 SWITCH 10.777 931A 113.59 79.51 238.53 W U Z_ N W U 0 K DISCLAIMER OF WARRANTIES SUBTOTAL 238.53 Any wananties on the products sold hereby are those made by the manufacturer. 11m Seller, Penske Chevrolet, hereby expressly disclaims all warrantles. W either expressed or implied, it Audug any implied ray of memhantablily or fitness lot a peniculer purpose, and Penske Che —let, nether assumes nor W euthadzes any other person to assume fora any liability In connection with the sale of said products. U_ S a SPECIAL ORDER OR FACTORY ORDERED ITEMS NOT RETURNABLE. ELECTRICAL PARTS NOT RETURNABLE. TAX 0.00 18% HANDLING CHARGE FOR RETURNED ITEMS. n WE ARE NOT RESPONSIBLE FOR ANY LABOR ON PARTS NOT INSTALLED BY OUR SHOP. RETURNED PARTS MUST BE IN ORIGINAL AND UNDAMAGED CONTAINER. .0 ALL EXCHANGES AND REFUND CLAIMS MUST BE ACCOMPANIED BY THIS INVOICE WITHIN 10 DAYS. t RECEIVED BY: NO REFUNDS WITHOUT FREIGHT 0.00 P THIS INVOICE 238.53 Q PAY THIS AMOUNT PsK -z www.p6nskechevy.com PAGE 1 OF 1 Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Penske Chevrolet Purchase Order No. 3210 east 96th Street Terms Indianapolis, IN 46240 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 1188 a ent for repair parts 23.67 1/29/08 70 76 oa-- a ment for repair parts 238.53 Total 262.20 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Penske Chevrolet IN SUM OF 3210 East 96th Street In ianapo is, IN 46Z4U 262.20 ON ACCOUNT OF APPROPRIATION FOR p olice general fund Board Members Po# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 1110 370976 370 238.53 bill(s) is (are) true and correct and that the 1110 371188 370 23.67 materials or services itemized thereon for which charge is made were ordered and received except January 31 20 08 Signature Chief of Police Cost distribution ledger classification if Title claim paid motor vehicle highway fund 3210 E. 96TH ST. P.O. BOX 40319 INDIANAPOLIS, INDIANA 46240 -0319 (317) 846 -6666 CHEVROLEU Chevrolet Parts e Direct (317) 846 -2564 Indiana (800) 692 -6370 National Wats (800) 533 -6602 w A PENSKE CHEVROLET THANK YOU FOR YOUR BUSINESS!! PARTS HOURS 8:OOAM TO 5:30PM MONDAY THRU FRIDAY 5082 0031201550020 TRK #9 CHARGE JAMES COOPER 01/29/08 370974 CVW 317- 571 -2442 B CARMEL UTILITIES S L PO BOX 109 L CARMEL, IN 46082 -0109 P T T O O TY PART NUMBER /,DESCRIPTI SHIP 1 0 16511565 PLATE 2.575 52L 66.90 50.17 50.17 o N U Z ui w U K DISCLAIMER OF WARRANTIES 0 SUBTOTAL 50.1 7 nanbes on the roducts saki here Nose made b the manuMCWmr. The Seller, Penske Chevrolet, here p A w p try ar y by expressly disdeims all warranties, b W steer expressed or a rs ig eny im any warmnry merchantability hantability or fitness for a particular purpose, and Penske Chevrolet, neither assumes nor authorizes any other r person to mu for n to assume it any liability in connection with the sale of said products. U_ 2 a SPECIAL ORDER OR FACTORY ORDERED ITEMS NOT RETURNABLE. ELECTRICAL PARTS NOT RETURNABLE. TAX O.00 18% HANDLING CHARGE FOR RETURNED ITEMS. a WE ARE NOT RESPONSIBLE FOR ANY LABOR ON PARTS NOT INSTALLED BY OUR SHOP. RETURNED PARTS MUST BE IN ORIGINAL AND UNDAMAGED CONTAINER. .m ALL EXCHANGES AND REFUND CLAIMS MUST BE ACCOMPANIED BY THIS INVOICE WITHIN 10 DAYS. a RECEIVED BY: NO REFUNDS WITHOUT FREIGHT 0.00 t Q J j THIS INVOICE 50.17 PAY THIS AMOUNT PsK www.pbnskechevy.com PAGE 1 OF 1 Prescribed by State Board of Accounts Gity Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL,, An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. f a Payee 72600 PENSKE Purchase Order No. 3210 E. 96th Street Terms Indianapolis, IN 46240 -0319 Due Date 1/31/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/31/2008 370974 $50.17 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer VG-- UCHER 074595 WARRANT ALLOWED -72600 IN SUM OF PENSKE Z 3210 E. 96th Street Indianapolis, IN 46240 -0319 AETkl Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 370974 01- 6500 -05 $50.17 r 'i Voucher Total $50.17 Cost distribution ledger classification if claim paid under vehicle highway fund 96 P. I Che CHEVR INDIANAPOLIS, INDIANA 46240-0319 Direct (317) 846-2564 84 6-6666 In 692-6370 Nati 533 660 2 CUST A DD R ESS CHEVR PENSKE I DISCLAIMER O THANK YOU FOR YOUR BUSINESS!! i Any warranty on pro ducts the manufacturer. The Sell6r,'PENSKE CHEV ex pressly disclaims all warrant either expressed or PARTS HOURS. 8-'00A11 TO 5-'30P11 inclu any implied warranty of particular purpose and PENSKE CHEVRO assumes n or authorizes other pe rson liability in connection with the sale of said products. CUSTOMER NO TAX I P:O, NO •SHIP VIA �'PAV SOLD BY i INVOICE DATE s. INVOICE NO i 3082 0031201550020 TRK 10:3 3,DELIVER CHARGE MIKE ROSE 011/18/08 36 CVW 317--733-2 CARMEL STREET DEPT H .3 F 51.4 L :M0 WEST :`1ST ST P THANKS GARY 4 QUANATITY PART NUMBER DESCRIPwTION t BIN LIST NET 1 AMOUNT 7 A. V i ti SHIP B O t F A{ `1 AU ::lt? f :�:�'.v x!34 ;;s �',v,kS �T. `i,, h'� `f. At `i,, Sr :•t, A� 3. Y �.t?F'j. �titt 1 V •T ��'V T fl +•Y �A, `fl �4 fY Y �A, `•L �4S `i S•` k: At, •,`r y X� `L, 4 y ,'Cii,Y,'•4>,fl' j. ,4S 1' �y i•cK.3i• :!y SUB-TOTAL f7+ i•« •i:!��fti i•cA Le�A :'16'4 1 6'.:K�..7:.f "1(.:•4' K 1 r,'i S►:r. :v`I:' "At.`i: j :_`1( :Ai.; f• C9'•�iL��A :!A ig VA TAX Mo FREIGHT 0. 00 S AMOUNT PAY THI "IG::4 :.K�li 'yl.;'4 LK!4:.t'1 •16'. :K� ^7: 2" 16`4 ;�G CHEVROLET (317) In diana 4W E 3210 E. 96TH'ST. P.O. BOX 40319 Chevrolet Parts �K INDIANAPOLIS, INDIANA 46240-0319 Direct (317) 846-2564 :11 692-6 i Nati onal :11 •.1 CUST OMER ADDR PENSKE CHEVROLET DISCLAIMER O so b THANK YOU FOR CHEV expressly disclaims all warranties, either expressed or PARTS HOURS 8 900AN TO 5.3 including any implied warranty of merchantability or fitness for MONDAY THRU FRIDAY a particular pur pose assumes nor authorizes any other person to assume for it any liability in connection with ti of •prod ucts. CUSTOMER NO TAX '•GUST P O. NO SHIP VIA PAY SOLD BY INVOICE DATE INVOICE`NO °e 00a12 CVW 1 4 MR-BIN. QUANATITY �_e :t. t rr c��v4 «,v �'�ric: PART NUMBER f DESCRIPTION BIN LIST NET AMOUNT f}+ Y pt f ti c� •t Y( x' a K' 7. r. y f G f 1 1 1 1 i Z �v f f 3:.y f f S ri :�..:,v ;c-v ..cY. REPLACEMENT FROM QUICK CONN 15896423 HOSE 6.670 119L 35.87 CHANGES FROM QUICK CONN 94665746 HOSE 6.671 SP-ORD 39. y A f:l! 'Ycll: ".Yn •�•f:t ±'1'.rrl''`f►•.,•,I,V, j. Y J t %fi 5 y •:I'a Sir). is �y��} Syr, �.'j,. r: 'i'j•' l>. ••Ki I �A f7 ti ci ci.41 f7 ti ci �_ii r t r TAX FREIGHT f f f �A f ti cA. f7 ti c�, ter; PAY THIS AMOU11i 544-31 Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day,• number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) ads 80, 5 Total o� I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 r�- IN SUM OF co r wA,7� ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 3086 5b k X3 D 6 0. 45 bill(s) is (are) true and correct and that the 6 CI 5 6 �l U 3 materials or services itemized thereon for which charge is made were ordered and received except FEB 0 4 2008 20 Signat 6� Cost distribution ledger classification if Title claim paid motor vehicle highway fund VEHICLE ORDER AGREEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES PENSKE CHEVROLET CUST 4535 ANY CONTRARY PROVISIONS IN THE VEHICLE ORDER 3210 E 96TH ST AGREEMENT. INDIANAPOLIS IN 46240 02/01/2008 (317)846 -6666 DATE STOCK# 81146078 DL 65614 PURCHASER'S NAME CI TY OF CARMEL EMAIL PURCHASER'S ADDRESS ONE CIVIC SQUARE CARMEL IN 46032 RESIDENCE PHONE BUSINESS PHONE (317)111 PLEASE ENTER MY ORDER FOR ONE 0 NEW O USED 2008 CHE TR E XPRE S S CA 171 CAR hhRUCK SERIAL# 1GCG625CX81146078 BODY TYPE VAN COLOR SUMMIT WHITE TO BE DELIVERED ON OR ABOUT 02/01/2008 SALESPERSON EDDIE E BOOTH DATE FILL OUT THIS SECTION IF USED CAR IS TO BE TRADED IN MAKE OF USED CAR YEAR CASH DELIVERED PRICE OF UNIT 17735 MODEL BODY TYPE ACCESSORIES AND OPTIONS A SERIAL NO. BALANCED OWED TO ADDRESS USED CAR ALLOWANCE N /A BALANCE OWED ON CAR N/A NET ALLOWANCE ON USED CAR N /A 17735.63 INITIAL DOWN PAYMENT N/A LI CASH UPON DELIVERY N/A BUS. MNGR: MARK DECKER TOTAL CREDIT (TRANSFER TO RIGHT COLUMN) N/A EXCISE TAX TOTAL OTHER FEES 26.25 p SALES TAX yy N/A TOTAL SALE 17761. LICENSE%TRANS T4TI.E FEE TIRE FEE I f TOTAL CREDIT (TRANSFERRED yVFRbbOM LEFT COLUMN) d /A BALAN Dy E NVABF. V ALd(XX 17761. CVR FILING FEE 1( .00 BALAX{ t)Vgr.Kaa�T'�ll %P;(XXX I /A TOTAL OTHER FEES 2E 25/1 BALYANGE)fTO BEIFIN DUE: 17761.88 TRADE -IN CERTIFICATION: Customer agrees to deliver to Dealer good, clear and marketable title(s) to the trade -in vehicle(s) as part of the consideration for the vehicle ordered at the time of delivery. Customer warrants that the trade -in vehicle(s) are owned only by customer and are free and clear of all liens and encumbrances except as otherwise stated in writing herein: Customer certifies that the airbags, safety and emissions equipment in the trade -in vehicle(s) have never been disconnected and are operable. Customer also agrees that the trade -in vehicle(s) has /have never been and is /are not required to be titled in any state as a defective, rebuilt, salvage, flood, lemon or buy back vehicle and have never been damaged. CUSTOMER AGREES THAT THE TRADE -IN TERMS ON THE BACK OF THIS AGREEMENT ALSO APPLY.' DISCLAIMER OF WARRANTIES Unless Dealer provides Customer with a separate written warranty or service contract made by Dealer on its own behalf, the DEALER HEREBY DISCLAIMS ANY AND ALL WARRANTIES ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE VEHICLE IS SOLD "AS IS" WITH ALL FAULTS. Dealer further disclaims any and all liability for incidental or consequential damages incurred by Customer, including but not limited to, loss of profit, loss of use or inconvenience arising out of purchase, lease, operation, failure or use of the vehicle. The manufacturer of the vehicle may provide a warranty for the vehicle. The manufacturer of the vehicle is solely responsible for such warranty, if any. Dealer expressly disclaims liability arising from such warranty. Dealer also makes no representation or guaranty concerning the availability of any manufacturer's warranty. The manufacturer's warranty, if any, may not cover parts or accessories installed after manufacture of the vehicle. Dealer also makes no warranty or representation as to any parts or accessories. CUSTOMER ALSO AGREES WITH THE ADDITIONAL DISCLAIMER OF WARRANTY TERMS ON THE REVERSE SIDE OF THIS VEHICLE AGREEMENT. AGREEMENT TO ARBITRATE ANY CLAIMS READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT LIMITS YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. The parties to this Vehicle Order Agreement are Dealer and Customer. No third party provider of services (by way of example and not by way of limitation:,se ice contract providers or GAP insurance providers) or assignee of consumer obligations (by way of example and not by way of limitation: banks, finance companies, or credit unions) is a party to this Vehicle Order Agreement. This agreement to arbitrate is binding only upon the parties to this Vehicle Order Agreement. Dealer and Customer agree to arbitrate any claim, dispute, or controversy (collectively, "Claims including but not limited to all statutory Claims and any other Claims under state, federal, local laws and/or regulations or commom law that may arise out of or are related to the purchase or lease of the vehicle identified in this Vehicle Order Agreement and the financing or leasing thereof, including the validity of this arbitration agreement. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq, as amended, and not by state law regarding arbitration. By agreeing to arbitration, Customer and Dealer understand and agree that they are waiving their rights to maintain other available resolution processes (such as a court action or administrative proceeding) to settle their disputes. Customer and Dealer also agree to waive any right to pursue any Claims as a class action (whether as a class member or class representative), either in arbitration or through a lawsuit. There are no limitations on the type of Claims that must be arbitrated except for new car lemon claims under applicable state law, Claims arising from a dishonored check issued by any party hereto, and /or Claims related to or arising from the validity, issuance, existance, form or correctness of any certificate of title to a motor vehicle. The arbitration shall be conducted in accordance with this arbitration agreement and with the Indiana Rules for Alternative Dispute Resolution (the "Rules before a single arbitrator. If a conflict exists between the terms of this arbitration and the Rules, then this arbitration agreement shall govern. The costs incurred in the arbitration shall be shared as provided by the Rules. The arbitration shall take place in Indianapolis, Indiana at a mutually agreed upon location. The decision of the arbitrator shall be binding on Customer and Dealer, and may be enforced in any court of competent jurisdiction. THIS ARBITRATION LIMITS YOUR RIGHT TO MAINTAIN A COURT ACTION, HAVE A JURY TRIAL, OR PURSUE A CLASS ACTION CLAIM. PLEASE READ IT CAREFULLY PRIOR TO SIGNING. BEFORE SIGNING THIS VEHICLE ORDER AGREEMENT READ ALL TERMS ON THE FRONT AND BACK This written document and the accompanying written, signed documents, including but not limited to the finance /lease documents, contain the entire agreement of the parties. Customer agrees that this Vehicle Order Agreement includes all terms on both the front and back of this Agreement. Customer has read, understands and voluntarily agrees to all terms stated herein. Unless specifically referenced in this agreement, no other agreement or understanding has been made or entered into or will be recognized. The written terms supersede any prior agreement or understanding of the Dealer and Customer. The rights and obligations of the Customer and Dealer are limited to the written terms on the front and back of this Agreement and the accompanying documents signed by the parties including, but not limited to, the financellease documents, if any. I HAVE READ THE TERMS ON THE FRONT AND BACK OF THIS DOCUMENT AND THE ACCOMPANYING DOCUMENTS AND AGREE TO THE WRITTEN TERMS. I CERTIFY I AM 18 YEARS OF AGE OR OLDER, HAVE VOLUNTARILY ENTERED INTO THIS-AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. 0210112008 Signed J`> -Ae Dated l� 6� Buyer Signed Dated Co -Buyer NOTICE: THIS AGREEMENT IS NOT VALID UNLESS ACCEPTED AND SIGNED BY DEALER OR ITS AUTHORIZED REPRESENTATIVE. ACCEPTED: Dealer /Authorized Representative Title /Position Graphic Resources, Inc. 317- 865 -9200 (Rev. 4/07) PSK- 2030 -U VEHICLE ORDER AGREEMENT Dealer and Customer(s) understand and agree to the following: separate written warranty or service contract on its own behalf, implied war ranties areare disclaimed>and or limited 1. Parties to Agreement. As used in this Agreement, the terms: (a) "Dealer" shall mean the authorized dealer to to the extent allowed by law and the terms and conditions found in the separate written warranty br service whom this Agreement is addressed and who shall become a party hereto by its acceptance of the Agreemeht;(b) contract shall constitute the entire warranty or service contract applicable to the vehicle. This disclaimer shall not "Customer' shall mean the party(ies) ordering the vehicle and executing this Agreement; and (c) "Manufacturer" apply to the extent that applicable law either prohibits it or declares it to be unconscionable, and then only tlie- shall mean the corporation that manufactured the vehicle, or chassis, it being understood by Customer and Dealer portion or application which is prohibited or declared to be unconscionable shall be of no effect. Some states or that Dealer is in no respect the agent of Manufacturer, that the Dealer and Customer are sole parties to this laws do not allow the exclusion or limitation of implied warranties, so that the above limitation or exclusion may Agreement and that reference to Manufacturer is for the purpose of explaining certain contractual relationships not apply. existing between Dealer and Manufacturer with respect to the new motor vehicles. This document gives you specific legal rights and you may have other rights which vary from state to state. 2. Entire Agreement. Verbal or oral representatives of any kind concerning the vehicle or the transactions between 13. Conditional Delivery. Customer acknowledges and agrees that Customer shall have no right to the vehicle Customer and Dealer are not part of this Vehicle Order Agreement and may not be relied upon by Customer. until Dealer has been paid in full for the vehicle. Customer agrees to pay the balance of the price in accordance Customer agrees not to pursue any claim or demand against Dealer or its representatives or employees based with the terms of this Agreement and agrees to accept delivery of the vehicle within 48 hours after Customer has on any oral representations or written terms not contained in this Agreement or the accompanying documents. No been notified that it is ready. In the event Customer fails to pay for and take delivery when notified, Customer's modification of this Agreement shall be valid unless it is made in writing and signed by Customer and Dealer. deposit may be retained by Dealer to offset damages and exgenses Dealer may, in its sole discretion, dispose; of Customer agrees that Dealer's sales representative(s) is/are not authorized to make warranties or enter into the vehicle without any liability to Customer. In the event it becomes necessary for Dealer to collect the balance agreements about the vehicle or the transactions between the Customer and Dealer. Customer has not and will due, Customer will be responsible for all costs of collection, including reasonable attorney fees. not submit any claim based upon any oral or written representation or statement concerning the vehicle or the Customer acknowledges that in the event the vehicle is being financed or leased, the final approval of the transaction not set forth in this Agreement or the accompanying documents. Customer also agrees that if this financing contract or leasing contract may not have been granted by the lender or lessor. Customer agrees that Agreement is to be paid in whole or in part by means of finance/lease agreement that the Dealer shall not be the Dealer will not receive payment in full until the lender /lessor has approved the financellease contract and until obligated to sell, lease deliver or transfer the vehicle unless and until the financellease agreement has been payment is received, the Dealer is not required to deliver the vehicle. As a convenience to the Customer, the accepted by a finance /lease company and the Dealer has been paid in full. This document constitutes an offer by Dealer may deliver the automobile to the Customer prior to final approval of the financellease contract and the Customer to order the vehicle. Customer agrees that this Agreement shall not become binding until accepted payment in full. The Customer agrees to be responsible and liable for any damage to the vehicle caused in any and signed by Dealer or its authorized representatives. If the offer is accepted and signed by a duly authorized manner. Customer agrees to maintain at all times comprehensive physical damage and liability insurance, all at agent of the Dealer, it will become a binding contract for the sale or lease of the vehicle. The Dealer has no the expense of Customer. obligations or responsibilities prior to acceptance of the offer. The Dealer's obligations and responsibilities after In the event Customer's finance/lease contract is not approved, assigned and accepted by the lender4essor acceptance are limited to the written terms. or Dealer is not paid in full for any reason the Customer agrees, at Dealer's sole option and demand, to: (a) return Customer acknowledges that he /she has not been induced to enter into this Agreement and /or any the Qhicle to Dealer: or (b) pay Dealer the full purchase price as reflected in this Order. Dealer's decision to ancillary documents executed in connection with or as part of the same transaction covered by this demand return of the vehicle or payment of the purchase price shall not in any way limit the remedies available Agreement by any representations or warranties not set forth in this Agreement and /or any ancillary to Dealer. Dealer's demand may be made orally or in writing mailed to the address shown on this Order. documents. This Agreement and any executed ancillary documents contain the entire agreement of the Customer acknowledges that at the time this Agreement is executed, Customer is contractually obligated to parties with respect to their subject matter and supercede all existing agreements and all other oral, pay or otherwise provide the consideration agreed on. Customer further acknowledges that even if Customer's written or other communications between the parties concerning their subject matter. financellease contract is not approved, assigned and accepted by the lender/lessor, Customer is still 3. Promise to Pay. Customer promises and agrees to pay or otherwise provide the consideration agreed on, contractually obligated to pay or otherwise provide the consideration agreed on unless and until this Agreement is including but not limited to, the vehicle price, the charges for any options, the trade-in vehicle, the down payment, rescinded, cancelled or revoked by Dealer. taxes, fees or other charges and the finance/lease price plus any finance charges or lease charges as shown in Failure of the Customer to return the vehicle or to pay the full purchase price within 24 hours of demand by any financellease agreement. Dealer will render the Customer liable for all damages to Dealer, including but not limited to, any repossession 4. Retail Price. Customer understands and agrees that the vehicle price may be higher than the price set forth on costs, repairs, attorney fees, court costs and any damage or depreciation occurring to the vehicle. The Customer the manufacturer's suggested retail price guide. Customer agrees that a higher price may exist for many reasons agrees that any deposit or down payment may be kept by Dealer to offset such damages. including, but not limited to, the demand for the vehicle. Customer acknowledges the price stated on this If the Agreement includes a trade -in vehicie(s), the Dealer may keep and sell the trade -in to compensate Agreements the price agreed upon by Customer and Dealer. Dealer for any damages incurred, or may either return the vehicle to Customer or reimburse Customer the actual 5. Change in Price. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles with cash value of the vehicle as determined in the sole discretion of the Dealer. The "actual cash value" does not equal out notice. In the event the price to Dealer of new motor vehicles of the series and body type ordered hereunder and may be less than the trade -in allowance provided in the Agreement. is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Customer, Dealer Dealer reserves the right to retain and resell the trade -in vehicle in its sole discretion. Dealer's right to rescind, reserves the right to change the cash delivered price of such Motor vehicle to Customer accordingly. cancel or revoke the Agreement does not provide Customer the right to return of the trade-in vehicle or the If such cash delivered price is increased by Dealer, Customer may, if dissatisfied therewith, cancel this order, trade -in allowance. In addition, if Dealer cancels, rescinds or revokes this Agreement, Customer agrees to pay the in which event if a used motor vehicle has been traded in as a part of the consideration for such new motor sum of $50.00 per day as a reasonable usage fee for each day that Customer has the Vehicle. In addition, vehicle, such used motor vehicle in the Dealer's sole discretion may be returned to Customer upon payment of a Customer agrees that Dealer shall have no obligation to deliver title to the ordered vehicle until all consideration reasonable charge for storage and repairs (if any) or, if such used motor vehicle has been previously sold by has been paid or provided to Dealer. Dealer, the amount received therefor, less a selling commission of 15% and less any expense incurred in storing, 14. No Revocation. Indiana law does not provide for a "right to revoke" or other cancellation period for vehicle insuring, reconditioning or advertising said used motor vehicle for sale, may be returned to Customer. sales at a vehicle dealership. Therefore, Customer cannot later cancel this contract simply because Customer 6. Change in Design. Manufacturer has reserved the right to change the design of any new motor vehicle, changes hismer mind, decides the vehicle costs too much, or wants to acquire a different vehicle. After Customer chassis, accessories or parts thereof at any time without notice and without obligation to make the same or any signs this Agreement and the Dealer accepts it, Customer may not cancel, rescind or revoke, unless Customer similar change upon any motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped either: (a) obtains a written agreement to do so from Dealer; (b) does so pursuant to the terms hereof as to Dealer or being manufactured or sold in accordance with Dealer's orders. Correspondingly, in the event of any provided in Paragraph 5; or (c) does so for a valid legal cause determined by a court of competent jurisdiction. such change by Manufacturer, Dealer shall have no obligation to Customer to make the same or any similar 15. Security Interest. Customer agrees that Dealer, until paid in full, shall have a security interest under Indiana change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before subsequent law in the vehicle and all parts and accessories put on the vehicle and in all parts and accessories put on the to delivery thereof to Customer. vehicle and in all insurance premiums financed, or rebates from insurance premiums service contracts, and in the 7. Delivery Delay. Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle covered proceeds of any insurance policies covering the vehicle or credit life or disability insurance policies financed as by this order where such failure or delay is due, in whole or in part, to any cause beyond the control or without the part of the transaction, which security interest secures all sums which may become due under this contract, as fault or negligence of Dealer. well as any modifications, extensions, renewals, amendments or refinancing of the agreement. 8. Re- appraisal of Trade -In Vehicle. If the used motor vehicle which has been traded in as a part of the 16. Default. Customer agrees that if Customer breaches any warranty, representation or certification or defaults consideration for the motor vehicle ordered hereunder is not to be delivered to Dealer until delivery to Customer in the performance of any term or promise made in the Agreement or the accompanying documents, including, but of the ordered motor vehicle, or at some later date, the used motor vehicle vehicle shall be re- appraised at that not limited to, making of any payment when due or becoming insolvent or filing any proceeding under the U.S. time and such reappraised value shall determine the allowance therefor shown on the front of this Order. Bankruptcy Code or if the vehicle is damaged, destroyed or impounded, that Dealer may, subject to the provisions Customer may, if dissatisfied therewith, cancel this order, provided, however, that such right to cancel is exercised of the Agreement to Arbitrate executed by Dealer and Customer, at its option and without notice or demand: (1) prior to the delivery of the motor vehicle ordered hereunder to the Customer and surrender of the used motor declare all sums immediately due and payable; (2) file suit against Customer for all unpaid sums: (3) take vehicle to Dealer, immediately possession of the vehicle; (4) exercise any other legal or equitable remedy. If Customer defaults or 9. Trade -In Vehicle(s). In addition to the trade-in certification on the front of this document, Customer also breaches this Agreement, Customer agrees to pay finance charges at the maximum annual percentage rate warrants that there is no theft or damage event in the history of the trade -in that voids any factory warranty or permitted by law until all sums owed to Dealer are paid in full or judgment is entered by court or by arbftrator,`2s"'" makes the trade -in ineligible for warranty or service contract coverage. Customer agrees that the lien amounts applicable. Dealer's remedies are cumulative and taking of any action shall not be a waiver or prohibit Dealer from noted herein are accurate and that the customer will pay Dealer any difference within (3) days notice by Dealer. pursuing any other remedy. Customer agrees that Dealer shall be entitled to recover from Customer reasonable Customer also agrees that if the trade -in vehicle(s) is /are not as represented herein, that Dealer shall have a claim enforcement and collection costs including, but not limited to, reasonable attorney fees. In addition, Dealer is for damages and may recover from customer all losses, damages and costs of enforcement, including reasonable granted permission to enter onto any premises owned by Customer to repossess the vehicle. Customer agrees attorney fees. Customer understands and agrees that the trade -in allowance provided by Dealer for the trade -in Dealer is entitled to recover any reasonable costs and expenses arising out of that repossession. vehicle is based upon the representations and warranties in this and all accompanying documents. Customer 17. Limitation of Remedies. Customer agrees that with respect to any claim, whether in contract, tort, warranty or agrees that if these representations and warranties regarding title, history or condition are not correct, Customer otherwise, that Customer may have now or in the future against Dealer or its agents or employees, that shall pay to Dealer all losses and damages, including but not limited to, the difference between the value as Customer's remedies are limited to the repair or replacement of the ordered vehicle and that the maximum represented and the actual value of the trade -in as determined in Dealer's sole discretion. damages that may be sought or recovered from Dealer or its agents or employees is the sale/lease price of the In addition, Customer agrees to pay Dealer the cost of all fees incurred in determining the difference in vatue ordered vehicle, less reasonable use charges, depreciation charges, set -off amounts and damage charges. of the vehicle and disposing of the vehicle. In the event Customer cannot deliver good, claims and encumbrances, Customer shall not be entitled to submit a claim or recover any amounts in excess of the foregoing. Some states Customer agrees to accept return of the trade -in vehicle and to pay to Dealer, with certified funds, the entire or laws do not allow the limitation of remedies so this may not apply to you. trade allowance given to Customer for the trade -in and any other damages or losses to Dealer. Customer further 18. Governing Law. The law of the State of Indiana shall govern this agreement. agrees to indemnify and hold Dealer harmless from any and all claims, demands, rights, actions, causes of action, 19. Successors and /or Assigns. Customer and Dealer agree that this Agreement shall be binding upon and inure damages, costs, costs of defense (including attorney fees), expenses and compensation whatsoever Dealer, the to the benefit of the parties hereto, and their respective heirs, executors, representatives, subsidiaries, affiliates, purchaser of the trade -in or any other prospective purchasers or any other person or entity may have as a result successors, and/or assigns. of the vehicle not being as represented herein. Customer hereby further agrees that no oral statements, 20. Severabili In the event any term or provision of this agreement is found to be invalid, void or unenforceable representations or warranties contrary to the terms of this agreement have been made by Customer. by a court of competent jurisdiction in whole or in part, the remainder of this Agreement or the application of such 10. Taxes. Purchaser agrees to pay, unless prohibited by law, any and all sales, use, luxury, or other taxes term or provision to circumstances other than those as to which it is held invalid, void or unenforceable, shall (Federal, State or Local) imposed on or applicable to the vehicle or transaction regardless of who may have nevertheless be binding upon the parties with the same effect as though the invalid, void or unenforceable part primary tax liability. had been severed and deleted, and shall be valid and enforced to the fullest extent permitted by law. 11. Additional Documents. The Purchaser, before or at the time of delivery of the motor vehicle covered by this Order, will execute such forms of agreement or documents as may be required by the terms and conditions of this Order, including, but not limited to, any finance or lease agreements, any documents necessary to the transaction. Customer also agrees that, if an error exists in any document, to execute a replacement document upon Dealer's demand. 12. Disclaimer or Warranties. Dealer does not warrant the corrections of the year of manufacture or model of the vehicle. Customer has verified the description of the vehicle to hismer satisfaction and there is no warranty as to the correctness of the description of the vehicle. Customer acknowledges there is no warranty as to the merchantability, suitability, fitness for purpose or otherwise concerning the vehicle, parts or accessories described herein. Customer agrees that Dealer has disclaimed any and all warranties. However, if Dealer provides a Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 72600 PENSKE Purchase Order No. 3210 E. 96th Street Terms Indianapolis, IN 46240 -0319 Due Date 2/1/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 2/1/2008 81170723 $17,761.88 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 a d Date Officer VOUCHER 074629 WARRANT ALLOWED J 72600 IN SUM OF PENSKE 3210 E. 96th Street Indianapolis, IN 46240 -0319 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 0 2. `ffaG -50 81170723 02- 2 $17,761.88 Depreciation D V Voucher Total $17,761.88 Cost distribution ledger classification if claim paid under vehicle highway fund "Doc VEHICLE ORDER AGREEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS. PART OF THIS CONTRACT. A F 4 W �K INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE VEHICLE ORDER PENSKE CHEVROLET CUS1 0 4535 AGREEMENT. r =v" 3210'E 96TH ST INDIANAPOLIS IN 46240 0210112008 (317)846 -6666 DATE 81170723 OL 65612` STOCK# kN$ CITY OF CARMEL 'PURCHASER S NAME EMAIL PURCHASER'S ADDRESS ONE CIVIC SQUARE CAR MEL IN 46032 RESIDENCE PHONE BUSINESS PHONE (317)111-1111 PLEASE ENTER MY ORDER FOR ONE %XNEW 0 USED 2008 CHEVROLET TRUCK EXPRESS CARGO 0 CAR Q�RUCK 1GCGG25C181170723 VAN SU MMIT WHITE SERIAL# BODY TYPE COLOR 02/01/2008 EODiE E BOOTH TO BE DELIVERED ON OR ABOUT SALESPERSON DATES FILL OUT THIS SECTION IF USED CAR IS TO BE TRADED IN MAKE OF USED CAR YEAR CASH DELIVERED PRICE OF UNIT 1.7735 MODEL BODY TYPE ACCESSORIES AND OPTIONS NSA SERIAL NO. BALANCED c OWED TO ADDRESS v" USED CAR ALLOWANCE N/A BALANCE OWED ON CAR N/A NET ALLOWANCE ON USED CAR N/A 17735.63 INITIAL DOWN PAYMENT N/A LIENHOLDER• N CASH UPON DELIVERY N BUS MNGR; MARK DECKER TOTAL CREDIT (TRANSFER TO RIGHT COLUMN) N/A 1 EXCISE TAX TOTAL OTHER FEES 2( .25 SALES TAX N/A TOTAL SALE 1776 8 LICE�IS�T)3A,IVS �Ef},ljE�FjEE T I R t F 1 i) 25 TOTAL CREDIT (TRANSFERRED FROM LEFT COLUMN) N A vv BALANCEDWEy(X A8I:USAUEXXX 1 /bl .88 CYR FILING FEE III) .00 1, BALANCEDyF)OIVjTIt�lE 4 N /A N ei TOTAL OTHER FEES 2) 25) BA p�BEYF INANCED,BALANCE DUE 17761.88 TRADE -IN CERTIFICATION: Customer agrees to deliver to Dealer good, clear and marketable title(s) to the trade -in vehicle(s) as part of the consideration for the vehicle ordered at.the time of delivery. Customer warrants that the trade -in vehicle(s) are owned only by customer and are free and clear of all liens and encumbrances except as otherwise stated in writing herein. Customer certifies that the airbags, safety and emissions equipment in the.trade -in vehicle(s) have never been disconnected and are operable. Customer also agrees that the trade -in vehicle(s) has /have never been and is /are not required to be titled in any state as a defective, rebuilt, salvage, flood, lemon or buy back vehicle and have never been damaged. CUSTOMER AGREES THAT THE TRADE -IN TERMS ON THE BACK OF THIS AGREEMENT ALSO APPLY. r DISCLAIMER OF WARRANTIES Unless Dealer provides Customer with a separate written warranty or service contract made by Dealer on its own behalf, the DEALER HEREBY DISCLAIMS ANY AND ALL WARRANTIES ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE VEHICLE IS SOLD "AS IS" WITH ALL FAULTS. Dealer further disclaims any and all liability for incidental or consequential damages incurred by Customer, including but not limited to, loss of profit, loss of use or inconvenience arising out of purchase, lease, operation, failure or use of the vehicle. The manufacturer of the vehicle may provide a warranty for the vehicle. The manufacturer of the vehicle is solely responsible for such warranty, if any. Dealer expressly disclaims liability s arising from such warranty. Dealer also makes no representation or guaranty concerning the availability of any manufacturer's warranty. The manufacturer's warranty, if any, may not cover parts or accessories installed after manufacture of the vehicle. Dealer also makes no warranty or representation as to any parts or accessories. CUSTOMER ALSO AGREES WITH THE ADDITIONAL DISCLAIMER OF WARRANTY TERMS ON THE REVERSE SIDE OF THIS VEHICLE AGREEMENT. AGREEMENT TO ARBITRATE ANY CLAIMS READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT LIMITS YOUR RIGHTS, INCLUDING YOUR RIGHT TO MAINTAIN A COURT ACTION. The parties to this Vehicle Order Agreement are Dealer and Customer. No third party provider of services (by way of example and not by way of limitation: service contract providers or GAP insurance providers) or assignee of consumer obligations (by way of example and not by way of limitation: banks, finance companies, or credit unions) is a party to this Vehicle Order Agreement. This agreement to arbitrate is binding only upon the parties to this Vehicle Order Agreement. Dealer and Customer agree to arbitrate any claim, dispute, or controversy (collectively, "Claims including but not limited to all statutory Claims and any other Claims under state, federal, local laws and/or regulations or commom law that may arise out of or are related to the purchase or lease of the vehicle identified in this Vehicle Order Agreement and the financing or leasing thereof, including the validity of this arbitration agreement. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq, as amended, and not by state law regarding arbitration. By agreeing to arbitration, Customer and Dealer understand and agree that they are waiving their rights to maintain other available resolution processes (such as a court action or administrative proceeding) to settle their disputes. Customer and Dealer also agree to waive any right to pursue any Claims as a class action (whether as a class member or class representative), either in arbitration or through a lawsuit. There are no limitations on the type of Claims that must be arbitrated except for new car lemon claims under applicable state law, Claims arising from a dishonored check issued by any party hereto, and /or Claims related to or arising from the validity, issuance, existance, form or correctness of any certificate of title to a motor vehicle. The arbitration shall be conducted in accordance with this arbitration agreement and with the Indiana `f Rules for Alternative Dispute Resolution (the "Rules before a single arbitrator. If a conflict exists between the terms of this arbitration and the Rules, then this arbitration agreement shall govern. The costs incurred in the arbitration shall be shared as provided by the Rules. The arbitration shall take place in Indianapolis, Indiana at a mutually agreed upon location. The decision of the arbitrator shall be binding on Customer and Dealer, and may be enforced in any court of competent jurisdiction. THIS ARBITRATION LIMITS YOUR RIGHT TO MAINTAIN A COURT ACTION, HAVE A JURY TRIAL, OR PURSUE A CLASS ACTION CLAIM. PLEASE READ IT CAREFULLY PRIOR TO SIGNING. BEFORE SIGNING THIS VEHICLE ORDER AGREEMENT READ ALL TERMS ON THE FRONT AND BACK This written document and the accompanying written, signed documents, including but not limited to the finance /lease documents, contain the entire agreement of the parties. Customer agrees that this Vehicle Order Agreement includes all terms on both the front and back of this Agreement. Customer has read, understands and voluntarily agrees to all terms stated herein. Unless specifically referenced in this agreement, no other agreement or understanding has been made or entered into or will be recognized. The written terms supersede any prior agreement or understanding of the Dealer and Customer. The rights and obligations of the Customer and Dealer are limited to the written terms on the front and back of this Agreement and the accompanying documents signed by the parties including, but not limited to, the finance /lease documents, if any. I HAVE READ THE TERMS'ON THE FRONT AND BACK OF THIS DOCUMENT AND THE ACCOMPANYING DOCUMENTS AND AGREE TO THE WRITTEN TERMS. I CERTIFY I AM 18 YEARS OF AGE OR OLDER, HAVE VOLUNTARILY ENTERED INTO THIS AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. 0210112008 Signed i t y L� r G�-Y. Dated Buyer Signed Dated Co -Buyer NOTICE: THIS AGREEMENT IS NOT VALID UNLESS ACCEPTED AND SIGNED BY DEALER OR ITS AUTHORIZED REPRESENTATIVE. ACCEPTED: Dealer /Authorized Representative Title /Position >3 Graphic Resources, Inc. 317 865 -9200 (Rev. 4/07) PSK- 2030 -U t I� j VEHICLE ORDER AGREEMENT Dealer and Customer(s) understand and agree to the following: separate written warranty or service contract on its own behalf, implied warranties are disclaimed and /or limited 1. Parties to Agreement. As used in this Agreement, the terms: (a) "Dealer' shall mean the authorized dealer to to the extent allowed by law and the terms and conditions found in the separate written warranty or service whom this Agreement is addressed and who shall become a party hereto by its acceptance of the Agreement;(b) contract shall constitute the entire warranty or service contract applicable to the vehicle. This disclaimer shall not "Customer" shall mean the party(ies) ordering the vehicle and executing this Agreement', and (c) "Manufacturer apply to the extent that applicable law either prohibits it or declares it to be unconscionable, and then only the shall mean the corporation that manufactured the vehicle, or chassis, it being understood by Customer and Dealer portion or application which is prohibited or declared to be unconscionable shall be of no effect. Some states or that Dealer is in no respect the agent of Manufacturer, that the Dealer and Customer are sole parties to this laws do not allow the exclusion or limitation of implied warranties, so that the above limitation or exclusion may Agreement and that reference to Manufacturer is for the purpose of explaining certain contractual relationships not apply. existing between Dealer and Manufacturer with respect to the new motor vehicles. This document gives you specific legal rights and you may have other rights which vary from state to state. 2. Entire Agreement. Verbal or oral representatives of any kind concerning the vehicle or the transactions between 13. Conditional Delivery Customer acknowledges and agrees that Customer shall have no right to the vehicle Customer and Dealer are not part of this Vehicle Order Agreement and may not be relied upon by Customer. until Dealer has been paid in full for the vehicle. Customer agrees to pay the balance of the price in accordance Customer agrees not to pursue any claim or demand against Dealer or its representatives or employees based with the terms of this Agreement and agrees to accept delivery of the vehicle within 48 hours after Customer has on any oral representations or written terms not contained in this Agreement or the accompanying documents. No been notified that it is ready. In the event Customer fails to pay for and take delivery when notified, Customer's modification of this Agreement shall be valid unless it is made in writing and signed by Customer and Dealer. deposit may be retained by Dealer to offset damages and expenses. Dealer may, in its sole discretion, dispose of Customer agrees that Dealer's sales representative(s) islare not authorized to make warranties or enter into the vehicle without any liability to Customer. In the event it becomes necessary for Dealer to collect the balance agreements about the vehicle or the transactions between the Customer and Dealer. Customer has not and will due, Customer will be responsible for all costs of collection, including reasonable attorney fees. not submit any claim based upon any oral or written representation or statement concerning the vehicle or the Customer acknowledges that in the event the vehicle is being financed or leased, the final approval of the transaction not set forth in this Agreement or the accompanying documents. Customer also agrees that if this financing contract or leasing contract may not have been granted by the lender or lessor. Customer agrees that Agreement is to be paid in whole or in part by means of financeAease agreement that the Dealer shall not be the Dealer will not receive payment in full until the lender /lessor has approved the finance/lease contract and until obligated to sell, lease deliver or transfer the vehicle unless and until the financeAease agreement has been payment is received, the Dealer is not required to deliver the vehicle. As a convenience to the Customer, the accepted by a finance/lease company and the Dealer has been paid in full. This document constitutes an offer by Dealer may deliver the automobile to the Customer prior to final approval of the financellease contract and the Customer to order the vehicle. Customer agrees that this Agreement shall not become binding until accepted payment in full. The Customer agrees to be responsible and liable for any damage to the vehicle caused in any and signed by Dealer or its authorized representatives. If the offer is accepted and signed by a duly authorized manner. Customer agrees to maintain at all times comprehensive physical damage and liability insurance, all at agent of the Dealer, it wilt become a binding contract for the sale or lease of the vehicle. The Dealer has no the expense of Customer. obligations or responsibilities prior to acceptance of the offer. The Dealer's obligations and responsibilities after In the event Customer's finance /lease contract is not approved, assigned and accepted by the lenderllessor acceptance are limited to the written terms. or Dealer is not paid in full for any reason the Customer agrees, at Dealer's sole option and demand, to: (a) return Customer acknowledges that helshe has not been induced to enter into this Agreement and /or any the vehicle to Dealer: or (b) pay Dealer the full purchase price as reflected in this Order. Dealer's decision to ancillary documents executed in connection with or as part of the same transaction covered by this demand return of the vehicle or payment of the purchase price shall not in any way limit the remedies available Agreement by any representations or warranties not set forth in this Agreement and/or any ancillary to Dealer. Dealer's demand may be made orally or in writing mailed to the address, shown on this Order. documents. This Agreement and any executed ancillary documents contain the entire agreement of the Customer acknowledges that at the time this Agreement is executed, Customer is contractually obligated to parties with respect to their subject matter and supersede all existing agreements and all other oral, pay or otherwise provide the consideration agreed on. Customer further acknowledges that even if Customer's written or other communications between the parties concerning their subject matter. finance/lease contract is not approved, assigned and accepted by the lenderllessor, Customer is still 3. Promise to Pay. Customer promises and agrees to pay or otherwise provide the consideration agreed on, contractually obligated to pay or otherwise provide the consideration agreed on unless and until this Agreement is including but not limited to, the vehicle price, the charges for any options, the trade -in vehicle, the down payment, rescinded, cancelled or revoked by Dealer. taxes, fees or other charges and the financellease price plus any finance charges or lease charges as shown in Failure of the Customer to return the vehicle or to pay the full purchase price within 24 hours of demand by any financeAease agreement. Dealer will render the Customer liable for all damages to Dealer, including but not limited to, any repossession 4. Retail Price. Customer understands and agrees that the vehicle price may be higher than the price set forth on costs, repairs, attorney fees, court costs and any dama9e or depreciation occurring to the vehicle. The Customer the manufacturers suggested retail price guide. Customer agrees that a higher price may exist for many reasons agrees that any deposit or down payment may be kept by Dealer to offset such damages. including, but not limited to, the demand for the vehicle. Customer acknowledges the price stated on this If the Agreement includes a trade -in vehicle(s), the Dealer may keep and sell the trade -in to compensate Agreements the price agreed upon by Customer and Dealer. Dealer for any damages incurred, or may either return the vehicle to Customer or reimburse Customer the actual 5. Change in Price. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles with cash value of the vehicle as determined in the sole discretion of the Dealer. The "actual cash value "does not equal out notice. In the event the price to Dealer of new motor vehicles of the series and body type ordered hereunder and may be less than the trade -in allowance provided in the Agreement. is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Customer, Dealer Dealer reserves the right to retain and resell the trade -in vehicle in its sole discretion. Dealer's right to rescind, reserves the right to change the cash delivered price of such Motor vehicle to Customer accordingly. cancel or revoke the Agreement does not provide Customer the right to return of tie trade -in vehicle or the If such cash delivered price is increased by Dealer, Customer may, if dissatisfied therewith, cancel this order, trade -in allowance. In addition, if Dealer cancels, rescinds or revokes this Agreement, Customer agrees to pay the in which event if a used motor vehicle has been traded in as a part of the consideration for such new motor sum of $50.00 per day as a reasonable usage fee for each day that Customer has the Vehicle. In addition, vehicle, such used motor vehicle in the Dealer's sole discretion may be returned to Customer upon payment of a Customer agrees that Dealer shall have no obligation to deliver title to the ordered vehicle until all consideration reasonable charge for storage and repairs (if any) or, if such used motor vehicle has been previously sold by has been paid or provided to Dealer. Dealer, the amount received therefor, less a selling commission of 1510 and less any expense incurred in storing, 14. No Revocation. Indiana law does not provide for a "right to revoke" or other cancellation period for vehicle insuring, reconditioning or advertising said used motor vehicle for sale, may be returned to Customer. sales at a vehicle dealership. Therefore, Customer cannot later cancel this contract simply because Customer 6. Change in Design. Manufacturer has reserved the right to change the design of any new motor vehicle, changes his /her mind, decides the vehicle costs too much, or wants to acquire a different vehicle. After Customer chassis, accessories or parts thereof at any time without notice and without obligation to make the same or any signs this Agreement and the Dealer accepts it, Customer may not cancel, rescind or revoke, unless Customer similar change upon any motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped either: (a) obtains a written agreement to do so from Dealer; (b) does so pursuant to the terms hereof as to Dealer or being manufactured or sold in accordance with Dealer's orders. Correspondingly, in the event of any provided in Paragraph 5; or (c) does so for a valid legal cause determined by a court of competent jurisdiction. such change by Manufacturer, Dealer shall have no obligation to Customer to make the same or any similar 15. Security Interest. Customer agrees that Dealer, until paid in full, shall have a security interest under Indiana change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before subsequent law in the vehicle and all parts and accessories put on the vehicle and in all parts and accessories put on the to delivery thereof to Customer, vehicle and in all insurance premiums financed, or rebates from insurance premiums service contracts, and in the 7. Deliver Delay Dealer shall not be liable for failure to deliver or delay in delivering the motor vehicle covered proceeds of any insurance policies covering the vehicle or credit life or disability insurance policies financed as by this order where such failure or delay is due, in whole or in part, to any cause beyond the control or without the part of the transaction, which security interest secures all sums which may become due under this contract, as fault or negligence of Dealer. well as any modifications, extensions, renewals, amendments or refinancing of the agreement. 8. Re- appraisal of Trade -In Vehicle. If the used motor vehicle which has been traded in as a part of the 16. Default. Customer agrees that if Customer breaches any warranty, representation or certification or defaults consideration for the motor vehicle ordered hereunder is not to be delivered to Dealer until delivery to Customer in the performance of any term or promise made in the Agreement or the accompanying documents, including, but of the ordered motor vehicle, or at some later date, the used motor vehicle vehicle shall be re- appraised at that not limited to, making of any payment when due or becoming insolvent or filing any proceeding under the U.S, time and such reappraised value shall determine the allowance therefor shown on the front of this Order. Bankruptcy Code or if the vehicle is damaged, destroyed or impounded, that Dealer may, subject to the provisions Customer may, if dissatisfied therewith, cancel this order, provided, however, that such right to cancel is exercised of the Agreement to Arbitrate executed by Dealer and Customer, at its option and without notice or demand: (1) prior to the delivery of the motor vehicle ordered hereunder to the Customer and surrender of the used motor declare all sums immediately due and payable; (2) file suit against Customer for all unpaid sums: (3) take vehicle to Dealer. immediately possession of the vehicle; (4) exercise any other legal or equitable remedy. If Customer defaults or 9. Trade-in Vehicle(s). In addition to the trade -in certification on the front of this document, Customer also breaches this Agreement, Customer agrees to pay finance charges at the maximum annual percentage rate warrants that there is no theft or damage event in the history of the trade -in that voids any factory warranty or permitted by law until all sums owed to Dealer are paid in full or judgment is entered by court or by arbitrator, as makes the trade -in ineligible for warranty or service contract coverage. Customer agrees that the lien amounts applicable. Dealer's remedies are cumulative and taking of any action shall not be a waiver or prohibit Dealer from noted herein are accurate and that the customer will pay Dealer any difference within (3) days notice by Dealer. pursuing any other remedy. Customer agrees that Dealer shall be entitled to recover from Customer reasonable Customer also agrees that if the trade -in vehicle(s) is /are not as represented herein, that Dealer shall have a claim enforcement and collection costs including, but not limited to, reasonable attorney fees. in addition, Dealer is for damages and may recover from customer all losses, damages and costs of enforcement, including reasonable granted permission to enter onto any premises owned by Customer to repossess the vehicle. Customer agrees attorney fees. Customer understands and agrees that the trade -in allowance provided by Dealer for the trade -in Dealer is entitled to recover any reasonable costs and expenses arising out of that repossession. vehicle is based upon the representations and warranties in this and all accompanying documents. Customer 17. Limitation of Remedies. Customer agrees that with respect to any claim, whether in contract, tort, warranty or agrees that if these representations and warranties regarding title, history or condition are not correct, Customer otherwise, that Customer may have now or in the future against Dealer or its agents or employees, that shall pay to Dealer all losses and damages, including but not limited to, the difference between the value as Customer's remedies are limited to the repair or replacement of the ordered vehicle and that the maximum represented and the actual value of the trade -in as determined in Dealer's sole discretion. damages that may be sought or recovered from Dealer or its agents or employees is the salellease price of the In addition, Customer agrees to pay Dealer the cost of all fees incurred in determining the difference in value ordered vehicle, less reasonable use charges, depreciation charges, set -off amounts and damage charges. of the vehicle and disposing of the vehicle. In the event Customer cannot deliver good, claims and encumbrances, Customer shall not be entitled to submit a claim or recover any amounts in excess of the foregoing. Some states Customer agrees to accept return of the trade -in vehicle and to pay to Dealer, with certified funds, the entire or laws do not allow the limitation of remedies so this may not apply to you. trade allowance given to Customer for the trade -in and any other damages or losses to Dealer. Customer further 18. Governing Law. The law of the State of Indiana shall govern this agreement. agrees to indemnify and hold Dealer harmless from any and all claims, demands, rights, actions, causes of action, 19. Successors and /or Assigns. Customer and Dealer agree that this Agreement shall be binding upon and inure damages, costs, costs of defense (including attorney fees), expenses and compensation whatsoever Dealer, the to the benefit of the parties hereto, and their respective heirs, executors, representatives, subsidiaries, affiliates, purchaser of the trade -in or any other prospective purchasers or any other person or entity may have as a result successors, and /or assigns. of the vehicle not being as represented herein. Customer hereby further agrees that no oral statements, 20. Severabilily In the event any term or provision of this agreement is found to be invalid, void or unenforceable representations or warranties contrary to the terms of this agreement have been made by Customer. by a court of competent jurisdiction in whole or in part, the remainder of this Agreement or the application of such 10. Taxes. Purchaser agrees to pay, unless prohibited by law, any and all sales, use, luxury, or other taxes term or provision to circumstances other than those as to which it is held invalid, void or unenforceable, shall (Federal, State or Local) imposed on or applicable to the vehicle or transaction regardless of who may have nevertheless be binding upon the parties with the same effect as though the invalid, void or unenforceable part primary tax liability. had been severed and deleted, and shall be valid and enforced to the fullest extent permitted by law. 11. Additional Documents. The Purchaser, before or at the'time of delivery of the motor vehicle covered by this Order, will execute such forms of agreement or documents as may be required by the terms and conditions of this Order, including, but not limited to, any finance or lease agreements, any documents necessary to the transaction. Customer also agrees that, if an error exists in any document, to execute a replacement document upon Dealer's demand. 12. Disclaimer or Warranties. Dealer does not warrant the corrections of the year of manufacture or model of the vehicle. Customer has verified the description of the vehicle to his/her satisfaction and there is no warranty as to the correctness of the description of the vehicle. Customer acknowledges there is no warranty as to the merchantability, suitability, fitness for purpose or otherwise concerning the vehicle, parts or accessories described herein. Customer agrees that Dealer has disclaimed any and all warranties. However, if Dealer provides -a VOUCHER 074630 WARRANT ALLOWED 72600 IN SUM OF PENSKE 3210 E. 96th Street Indianapolis, IN 46240 -0319 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 81140678 02- 2308 -00 $17,761.88 �Uepre'ciation�= D Voucher Total $17,761.88 Cost distribution ledger classification if claim paid under vehicle highway fund xa Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL I An invoice or bill to be properly itemized must show, kind of service, where w performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. �v e�P Payee 72600 PENSKE Purchase Order No. 3210 E. 96th Street Terms Indianapolis, IN 46240 -0319 Due Date 2/1/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount q, g 2/1/2008 81140678 $17,761.88 �v rr F M {k rF I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 1'1- 10 -1.6 Date Officer