HomeMy WebLinkAbout20113130.tiff RESOLUTION
RE: APPROVE GOVERNMENTAL LEASE-PURCHASE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN -WAGNER EQUIPMENT COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Governmental Lease-Purchase
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Wagner
Equipment Company, commencing upon receipt of the equipment (Caterpillar 160M2 AWD
Motor Grader, Serial #M9K00417), with further terms and conditions being as stated in said
lease agreement, and
WHEREAS, after review, the Board deems it advisable to approve said lease
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Governmental Lease-Purchase Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Wagner Equipment be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:-a cjet e'v
rbara Kirkmeyer, Chair
Weld County Clerk to the Boar. p�%
can P. Con -y Pro-Tem
BY: d.i� I ... .S,.. ` _`"_'•.
Deputy Cl:i k to the Boa
m F. tia_.:4 00i
API Q�EDAST
l f�%JJ vid E. Lo
• my ` orney C., aupp
Douglas Radema her
Date of signature: /-5"/a
I cAi) o barb C _ CG /qc 2011-3130
62 - 0-// EG0064
WAGNER EQUIPMENT CC GOVERNMENTAL LEASE=.• .CHASE AGREEMENT
Dated mdNsesbr 142111
LESSEE: WELD COUNTY LESSOR WAGNER EQUIPMENT CO.
'A political pry r subdivision art be Sara&MSaa'
ADDRESS: PO BOX 785 ADDRESS: I00MWITH ROAD
GREELEY,CO 80632 AURORA,COLORADO 11011-3511
Lair,it SStce at Lanes Setae Abe apdpnee Sated below('US'rillsWL war to qmc a a,Ward sell M Units to Lam,sells agrees so
rent,la,bite and prelims the Ude from Lot.
Dnsiptlo dUa*) SvbW
CATERPILLAR IRMR AND MOTOR GRADER MHr00417
Prost SdSde SAM. Lain Tern:36 amdw
PAYMENT PROVISION:Tbbgya(2N mawdh'swan S to east of WORN staid*as November 16.2111 Mowed by m(1)Gad payment I.the
amoset orflM.9W2S doe a November 142011
ADDITIONAL PROVISIONS: MINIM
!Rote
TERMS AND CONDITIONS
L LFASETERM:NON.MPROPRIAT1OND The Lama as*mob With manor oft theta Les tieis pestrm crakes wegrol orthe Unit
herein dad t as the Ddae7 Dew SS ani s Amu&the lea day of Lanais fie year in wild the Oefwmy Das sea aid,thitirellbr,site1 antsy ba
attended for ameaive mood periods mdda*edOt rands SA yse Lacombe.este r Mara Lea Delivery Supplant Si lsorl award Sus
In the ewe no Is or isfEes food are appointed ad Sled orals MS*mat mailable in ap Red yew Dr*waft doe as a"s La.Lam will
immediaely notify Lev of seek oearmm r this La Am sae OD the let day Mao Spd ys rr abet awPaoieims rue received riaput penally or
spry to Lame,carp as to h make of some bed pr morn Ter Mid Is Bail been been.ppopmd r baled or an otherwise mailable
Notwithstanding die bionic,is ass Mt-m the era permitted by low is MR del cared Se L wader the SS d this Section d w en I if any Roe
appropriated ardor by it fix h eepYiYaa aerial et opaom d h Ode r ear embalm pds im Bairn aimTr b Se Urge for the fir year in Mid
tennis:Mon cans eras a seeaedn0 fist year.
2.PAYMENTS;NET LEASD Da the LSO ten is she par to Is a DNS Uri as sisal die Shed Payns Schedule r amend*to die MOM
Pawnee Previews An maim equal to the sae Rr■ddb This am.maepmy aba Ls If Stamps r needsthu Ls and aura shales*plied to
the Sur pysn der If Ls does not ease.as Us aid ante MU be rued Is Lams Ills Mee mat maim.Paso m the to 0's des,Lessee Mali pay
to Lab on Anna.elapse Sp equal so d Is Maw pest orde pest a rid Ma Sankt highs dal lead by law Mialmve ea
This Lemmas s Is r Is d or be added b A dries r aMaom dtaaas r a setoff what Pas Metter aaM w reason of pm.
pros a Ram din of namy Eeaass'ist lay or Est Salt eapmmy read bads.St_',, iomOtsad Lam abm not be
.Obetad by say Ste be damp leer elan_or use Maw Unit bowwr need by do amehmealofry Rai r okra*b way Unit try sty Mergeseavela
Sea me tithe W it r Sr ay ear ten;Man adS et da®Ir Is the Stpies wife n t a Is.law m tie mepry erwitlawtaO6
3 DISCLAIMER OF WARRANTIES:Lame adomamebn ad sts dm Siena h soima of de Umt(s)and dm Ls ha selected e.d Unit bead on
Lames our jndsat widow any reliance Son on my wataaas a apawdoua etch by La ..AS BETWEEN LESSOR AND LESSEE.THE UNITS)
ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTIES OF ANY KIND, LESSOR HEREBY WIESSI.Y DISCLAIMS e) ALL WARRANTIES OF
MERCHANTABILITY,b)AU.WARRANTIES OF Paws FOR A PARTICULAR PURPOSE,AND G ALL WARRANTIES AGAINST INFRINGEMENT OR THE
LIRE Lamar raga to Lamle interest in my of di. ddsa'a vamoose m the Utim(O
4.POSSESSION USE AND MAINTVUNCD Is Mall net() epsS Set aseaay us ads. J,.eamry.aaMy r in violation°fry applicable
law or remittal or fray pawpaw SS i h ends d1®t Dams(b)Arks we Unit(a)Slam ay Um.Pant the w Amy Unit by ayes ear
than Lessee Anew De wear Witt fin dm yrdfral It atmLd Appbadm Seewptaps It or Sr the beta of ay Udt from dm specified above
with:t h pre Sas ants of Less r(d)St ear arift.co(sly co imirSy ass or suffer to eat my le,olita,Sty lariat Of ai.. a,IMO on
ay or is eights bsadr or I.a UHL The IS am adhll toad swat popsy isaive ofirrrsaw datsdas t redly.Upon par Seat
Lam.Lessor's ilsagora Mil bore Me t!t Per e the abfadm)at a0 a.mom64 den a Spa an Oise euvieaaanam see Sear dam lase Melts is
epaae r ad!this duties the Lament,m ieab h that in load operating at.tepit ad Sten r M.0 Perron Ammo atlas Sweetly a net fob
is my Kasha operates r Simwosue.r Waimea.rased Hemoossed er tae-eR dmthe webs d�eus..A Met�dation or addition Use or alts any assUni die
aptipraaa b
way UseE'y aasdmredfotfI iaAUpflS. emagbeIs pliaft at edes fobls's,Ls AU paS aeaea L atipen Meg bayM a epiabh sndyie Wit. as Wad Soda.If
[m sagplb Lea sib Ida alma*Y De Ism i Ind Tina Ear,Lee MoD Sails Ms its•Pais Pteoa m h Wit.
SEE REVERSE SIDE FOR ADDITIONAL TEEMS AND CONDITIONS
LESSEE ACKNOWLEDGES RAYING BEGET=A FULLY COMPLETED ERCUTEDCOW OF THIS AGREEMENT
•
Las= WE La WAGNER el([
By L9 ser.'1f/fi-v-t-
�e2
gimp(PRpN' Barbara K• kmeyer/ News(PRINT)
Tide Chai r Tide
Date DEC 0 7 2011
Vail LtenNmr
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5.LESSEE'S REPRESENTATION AND WARRANTIES:Lessee represents and arananls to Lessor that(a)lessee is a fully constituted political subdon or ernes duly organized and
vaung under the Constitution and laps of the state where the Units oil)be located.(b)Lessee has the passer to enter into and perform this idsi
Lease and has taken all necessary and appropriate action to
au0mrin the execution.delivery and perfwntance hereof,(c)this Lease constitutes a valid and legally binding and enforceable obligation of Lessee.(d)the interest payable by Lessee hereunder Is
excludable from income for Federal income taxation purposes pursuant o Section 103 of the Internal Revenue Code of 1986,as amended(the"Cade"),and(e)Lessee has sufficient appropriations or
other funds available to pay all amounts due hereunder for the current fiscal year and reasonably believes that fiends can be obtained sufficient to make all payments during the semi of this Lease.
Lessee represents that the nee of the Units is essential to Lessee's proper,efficient and economic operation.Lessee acknowledges and agrees that the payments have been ealculaled by Lessor
assummg that the interest portion of each payment is excludable from gross incone for Federal income taxation purposes.Lessee represents.warrants and covenants that:(a)Lessee will comply wish
the information reporting requirements of Section 143(e)of the Cede,as the same may be amended from time to time,and such compliance shall include but not be limited to the execution of
information statements requested by Lessor;(b)Lessee hill not do or cause to be done any act whieb will cause,or by omission of any act allow,the lease to be an arbitrage bond within the meaning
of Section 148(a)of the Code,(c)Lessee'sill not do or cause to be done any act which will cause,or by omission of any act allow this Lease to be a private acing)bond within the meaning of
Section 141(a)of the Code,(dl Lessee will timely pas to the extent of mailable funds,amounts required to be rebated to the United States pursuant to Section Idt(O of the Code:(e)Lessee will not
do or cause to be done any act which will cause,or by omission of any act allow,the interest portion of the payments to be or become includable in gross a for Federal income taxation purposes
tinder die Code,and 10 Lessee will be the exclusive assn.-,user and operator of the Units,Lessee shall provide to Lessor an opinion of counsel substantially in the form attached hereto.
6.LOSS OR DAMAGE;INSURANCE:Lessee assumes all risks and liabilities of loss,damage or Casualty Occurrence(as hereinafter defined)for any cause w8asoever,for condemnation of ans
Unit prior to.durng or subsequent to(until the Unit is retuned to Lessor pursuant to Section 10)the Lease teme and for injury to or death of any person or damage to my property in any manner
• sing our of orncidentto the posse ,operati condition or storage of the Unit If any Una becomes damaged,from whets.,cr,Lessee shall gi Sc Lessor prompt notice thereof
mines If Lessor reasonably deter that such damage is not repairable,then Lessee shall,at its expense,promptUnit s restore the o the condition required by Section 4 above If any Unit becomes atom
out,lost,stolen,destroyed or irreparably damaged(as reasonably determined by Lessor)from any cause whasocver.or taken by condemnation or otherwise(any such occurrence hereafter a
"Casuall)Occurrence")prior la,doing or subsequent to(until the Una is roamed to lessor pursuant to Season 10)the Lease icee Lessee shall gine Lessor prompt notice thereof In the event of a
Casually Oseurrence,Lessee shall pay to lessor,on the earlier offal the first payment dam following such Casualty Occurrence or(b)thins(301days following such Casualty Occurrence. m(the
4mm nation Value')equal to(a)the"Beginning Balance"(as specified in the attached Payment Schedule)as of the next payment due following such Casualty Occurrence,plus(b)the amount of
the interest portion(as specified in Me Payment Schedule)of the next payment due following such Casualty Occurrence multiplied lo fraction the numerator of which is the number of days from the
later of(a)the Delis ars Dare of the Unit or(b)the due dale of the payment immediately preceding such Casualty Occurrence until the due dale of the payment due hereunder in respect of such
Casualty Occurrence and the denominator of which is 360.Lessuc,at its expense.shall keep each Una insured against all nsks for not less than the applicable Beginning Balance with respect to such
Unit and shall maintain comprehensive public Ilabili0 insurance cosenng each Unit for not lees than SI 000,000 for combined coverage for bodily rnjuq and properly damage.All insurance shall(a)
be in a form and with such companies as Lessor shall appreyc.(b)specify Lessor(or is designee)and Lessee as named insureds,(c)be primary without right of conlnbuton from any other
insunce rried by Lessor,(d)preside that such insurance may not be cancelled or altered so as to affect the interest of Lessor without at least thing(30)days'poor written notice toLessor,and(e)
• he Lessor(or its designee)as loss pasee and be payable sold,to Lessor.Lessee agrees to noufy Lessor of any oc ohich may become the basis of an insurance claim hereunder and not to
make any adjustments with insurers without Lessees prior wmtee consent.Lessee hereby Inesmab's appoints Lessor its its to receive payment of and endorse all checks and other
documents and to take my other actions necessary to pursue insurance claims.Prior to the first Ddnery Dote of any Unit,Lessee shall delivery'to Lessor satisfactory'evidence of such insurance
cmttagc
7,EVENTS OF DEFAULT;REMEDIES:Each of the following shall constitute an"Event of Default"hereunder:(a)Lessee shall fail to make any payment to Lessor when due(b)any
representation or warranty of Lessee contained herein or in any document famished to Lessor in conncctton herewith shall be incorrect or misleading when made,(c)Lessee shall fail to obserse or
perform any other comment.agreement or warranty made by Lessee hereunder and such failure shall continue for ten(10)days after written notice thereof to Lessee',Id)Lessee shall fail ho make any
payment on as bonded indebtedness when due.or(c)there shall be a default by Lessee under any other agreement benpeen Lessor and Lessee If any Event of Default shall occur,Lessor.at Its
option.may(a)proceed by appropriate court schools)to enforce this Lease or to recover damages for the breach thereof,(b)by notice to'soiling to Lessee,terminate this Leese.but Lessee shall
remain liable as hereinafter provided,and there upon lessor may.at Its option do any one or more of the following.(b-I)recover forthwith from Lessee(3 my and all amounts then due under this
Lease or which may hase accrued to the date of such mmtnathon,(u)as damages for lass of the bargain and not as a penales,a sum equal to the pmnents due with respect to the Units and additional
secants during the balance of the fiscal year,and(ill)any addtional damages and expenses sustained by Lessor by reason of the breach of any cosenant representation or warranty'contained in this
Lease other than for the payment of amounts due hereunder,(b-2)enforce the security interest goers hereunder,(b-31 without notice,habil ay or legal process enter upon the promises w here any of
die Units or additional smunts mas be and take possession thereof,and(M4)require Lessee to return the Units and additional security as prostded in Semen l0.Lessor shall have all lights giyee toa
secured part,by lass Presided Lessor remises possession of die Units and additional security fullmsing an Event of Default.Lessor may.at its option.undertake commercial].reasonable effort to
sell or release the Units and additional security,and the proceeds of any such talc or release shall be applied first,to reimburse Lessor for all reasonable expenses of retaking,holding,preparing for
sale or release and selling orrcicasing the Units and additional security',including all taxes and reasonable auomey's fees and expense ond,to the extent not pret usly paid by Lessee.to pay
Lessor all amounts.except those specified below,which under the tames of this lease arc doe of Isom accrued as of the dale of Lessors receipt of said proceeds.third.to pay an late payment charges
pursuant to Section 2 hereof,and fourth,to pay Lessor he applicable Tcmtination Volncwithrespect to the Wits.Any surplus shall be paid to the person entitled thereto.Lessee shall promptly pay
any deficiency to Lessor_Lessee acknowledges that sales far cash or on credit to a wholesale-,retailer or user of the Units arc all commercially reasonable Lessee agrees to pay all reasonable
attomcds fees and all costs and expenses rred by Lessor in enforcing this Lease.The remedies heroin presided shall be c mularve and in addition to all other remedies at law or equity,
pros dent hosseser.Lessor shall not be milled to ream era greater amount In damages than Lessor could have gained through lessees full,timely and complete perfimmnce under this Lease,plus
all fen costs and expenses incurred by Lessor in enforcing this Lease and all late payment charges pursuant to Section 2.If Lessee falls to perform of to obligations under this Lease.Lessor .
er
(but need moo at any'time thereafter perform such obligation,and the expenses incurred in connection thuvwilM1 shall M pas able by Lessee upon tlemantl.
8.RETURN OF UNIT:Upon my termination of the tens of this Lease with respect to each Unit or if Lessor shall rightfully demand possession of any Unit,Lessee,at its expense,shall forthwith
deliver the Unit to Lessor,appropriately protected and in the condition required by Section 4.at the option of Lessor,to the premises of the nearest Caterpillar dealer selling equipment of the same
sine as the UniL or on board such carrier as Lessor shall peer('and shipping the same,freight collect to the destination designated by Lessor.If the Unit is not in the condition required bs Seaton 4,
Lessee shall pay to Lessr,on demand,all cons and expenses incurred by Lessor to bring die Unit into said condition.
9.REPORT TO IRS:Lessee will report this Lease to die Internal Revenue Son ice by filing Form 803X.O3,803X-GC or Xolg whicliescr is applicable Failure to do so will cause the Lease to lose its
ax exempt status.Lessee agrees that if the appropriate farm is not fit d,the interest rate ss d1 be adjusted to an equivalent taxable imam rate.
CO.TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Unit on as deliver'date',(b)no Es nt of Default casts as of the Delivery Date of
die Unit,tale to each Unit shall sesiin Lessee on the Delis en Dom of the Una,provided.however,that in the event(Indus Lease is terminated pursuant to Section 1 hereof,of Imp an Even(of Default
has occurred and is continuing,ode to the Unit shall Immediately revesl in Lessor.free of any right,talc and interest of Lessee,unless Lessor elects otherwise in wrtling Lessee hereby grants to
Lessor er sedum interest in the Units,Including all attachments,nactheries and optional features(whether or not installed thereon)and all substitutions,replacements,additions and
accessions thereto,and all proceeds of all of the foregoing,to secure the payment of all sums due.Lessee soil I.at is expense,do any further act and execute,acknossledge,ddhcr,the,register and
record any further documents which Lessor may reasonable request in order to protect Lessees sennls interest in the Units and Lessor's rights and benefits under this Lease.Lessee hereby appoints
Lessor as Lessees Atiomessinsfact far the signing and filing of such documents and authorizes Lessor to delegate these limited powers
II.ASSIGNMENT:COUNTERPARTS:The nghts of Lessor under this Lease may be assigned by Lessor at any time. If not]ficd by Lessor,Lessee shall make all payments due under this Lease
to the pan,designated in the notice,snthout offset or deduction No assignment of this Lease or any right or obligation under it may be made by Lessee without the pnor mitten consent of Lessor.
This Lease shall be binding upon and benefit Lessor and Lessee and their respective successors and assigns If this Lease is assigned by Lessor to a partnership or trust,the term"Lessor"shall
thenceforth mean and include the parmership or trust and shall also include,for purposes of Sections 3A,6,7&X.each partner in or beneficial of the partnership or trust. Although multiple
counterparts of this dmieenl etas be signed oats the counterpart accepted.acknowledged and certified by Wagner Equipment Co.on the signature page thereof as the original will eonsttute original
chattel paper.
12.EFFECT OF WAIVER.No delay or omission to oxerciu am right or remedy accruing to Lessor hereunder shall impair any such right or remedy nor shall it be constmed to be o waiver of any
breach or default of Lessee.Any oarser or consent by Lessor under his lease muss be in orating specifically set forth Dos Lease completely states die rights of Lessor and Lessee with respect to the
Units and supersedes all prior agreements with inspect thereto.Time is of the essence of dm Lease.No serration or modification of this Lease shall be valid unless in writing and signed by the
authorized represeneives of Lessor and Lessee All notices hereunder shall be to writing,addressed to each pans at the address set forth on the front of this Lease or at such other address as may be
famished in swung If any pray ision of this Lease shall be invalid coder any applicable law,such pros is ion shall be deemed omitted but the remaining provisions shall be(isen effect,All obligation
of Lessee under this Lease shall sun see the expiration or termination of this Lease to the extent required for their full absenance and performance.
13.GENERAL:This Lease shall be gosemed by and construed under the laws of the State ahem the Units arc located.
cello—umwmwat Lvan+Pwxhamngm¢rvai Vmmn LI Wmrzum
NON-APPROPRIATIONS ADDENDUM
to
FINANCIAL LEASE AGREEMENT
ILease Number 420204
between
WAGNER EQUIPMENT CO
and
WELD COUNTY
DATED AS OF November 16,2011
Lessor and Lessee hereby agree to add the following provision to the Lease,and further acknowledge that all teams contained herein are to be
defined according to the provisions of the Lease:
Lessee represents and warrants to Lessor that Lessee has sufficient appropriations or other funds available to pay all amounts due hereunder for
the current fiscal year and reasonably believes that funds can be obtained sufficient to make all rental payments during the term of the Lease.
Lessee hereby covenants that it will do all things reasonably within its power to obtain funds from which the rental payments may be made,
including making provision for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding and using its
bona fide best efforts to have such portion of the budget app• aL It is Lessee's intent to make rental payments for the full term of this Lease if
funds are available therefore end in that regard Lessee represents that the use of the Units is essential to Lessee's proper,efficient and economic
operation. In the event no funds or insufficient funds ate appropriated and budgeted or are otherwise not available in any fiscal year for rental
payments due under this Lease,then Lessee will immediately notify Lessor of such occurrence and this Lease shall terminate on the last day of the
fiscal year for which appropriations were received without penalty or expense to Lessee for any kind whatsoever,except as to the portions of
rental payments herein agreed upon for which finds shall have been appropriated and budgeted or are otherwise available. Subsequent to a
termination of this lease,Lessee shall have no obligation to make rental payments with topat to the remainder of the Lease.In the event of such
termination,Lessee agrees to return the Units to Lessor pursuant to Section 12 of this Lease,and Lessor shall have all legal and equitable rights
and remedies to take possession of the Units.Notwithstanding the foregoing,Lessee agrees that it will not(a)cancel this Lease under the terms of
this Addendum if any funds ere appropriated to it,or by it,for the acquisition,retention or operation of the Units or other equipment performing
functions similar to the Units for the fiscal year in which such termination occurs or the next succeeding fiscal year thereafter, and(b) give
priority in the application of funds to any other functionally similar equipment during the term of this Lease. The Addendum shall not be
construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to
perform eworially the same application for which the Units are intended-
LFSSEE: I.FCSOR:
WELD COUNTY / WAGNER EQUIP CO
ByJ1 `/LL�Q�- BYs• i •
Name(PRINT) Barbara Kjrkmever JT Name(PRINT) •
Title Chair Title Financial Services Ma'am
Date DEC 0 7 2011 Date 11/16/IL
Verson 1.1 04/16/2001
waro-n,...a.w r.�r.�eo....l
Attachment to Governmental Lease—Purchase Agreement I Lease Number. 420204
Dated as of November 16,2011
Between WELD COUNTY
("Lessee,
And WAGNER EQUIPMENT CO
("Lessor)
LEASE PAYMENT SCOUR OF
Payment Date Payment Number Payment Amount Due Payment Date Payment Number Payment Amount Due
11/16/11 1 2100.00 05/16/14 31 2100.00 _
12/16/11 2 2100.00 06/16/14 32 2100.00
'01/16/12 3 2100.00 07/16/14 33 2100.00
02/16/12 4 2100.00 08/16/14 34 2100.00
03/16/12 5 2100.00 09/16/14 35 2100.00
04/16/12 6 2100.00 10/16/14 36 2100.00
05/16/12 7 2100.00 11/16/14 37 205,903.25
06/16/12 8 2100.00
07/16/12 9 2100.00
08/16/12 10 2100.00
09/16/12 11 2100.00
10/16/12 12 2100.00
11/16/12 13 2100.00
12/16/12 14 2100.00
01/16/13 15 2100.00
02/16/13 16 2100.00
03/16/13 17 2100.00
04/16/13 18 2100.00
05/16/13 19 2100.00
06/16/13 20 2100.00
07/16/13 21 2100.00
08/16/13 22 2100.00
09/16/13 23 2100.00
10/16/13 24 2100.00
11/16/13 25 2100.00
12/16/13 26 2100.00
01/16/14 - 27 2100.00
02/16/14 28 2100.00 •
03/16/14 29 2100.00
04/16/14 30 2100.00
Total Payments=5281,503.25
/
WELD COUNTY / WAGNEREQUIFME CO
(Le) ,,-/ (Lessor)
Signature41<R lt-Er_ Signature
/
Name(Print) Barbara Kirkmeyer Name(Print) V' •
Title Chair Title Financial Services Monster
Date DEC 0 7 2011 Date 11/16/11
wsco-Cea®amid Las•Pgreltise Agnomens Va,m L.l 04/16/2001
•
DELIVERY SUPPLEMENT
Lease Number:420204
This pertains to the Leese, dated as of November 16, 2011, between WAGNER EQUIPMENT CO as Lessor and
WELD COUNTY as Lessee.
This confirms that the Lessee physically received the following Unit(s)on the possession date below. As of the date of
signature of this form,(1)the Unit(s)are in all respects satisfactory to r.ncee for leasing under the Lease,and(ii)Lessor
has performed all of its obligations under the Lease.
Description of Unit(s) Serial# Location
CATERPILLAR 160M2 AWD N8100417
WELD COUNTY 7
Possession date: Signature
Name(Print) Barbara Kirkmeyer
Chair
Date: DEC 0 7 2011
w!Co-Gm maS,ac.PfleM Y.io,IJ ON VM01
INSURANCE COVERAGE FOR I.RASED EQUIPMENT
Dated as at November 16,2011
EOUIPMENT: Serial 0
CATERPILLAR 160M2AWD M9K00417
Total value to be insured: 5254,000.00
RE:INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY and WAGNER EQUIPMENT CO, it is requited that we be provided with
insurance coverage in accordance with that agreement as indicated below.
Physical Damage Coverage must show that WAGNER EQUIPMENT CO has been named loss payee for the equipment's replacement
value. The deductible must be shown.
Liability Coverage of a minimum of $1,000,000 or combined coverage for bodiliy injury and property damage per occurrence.
WAGNER EQUIPMENT CO must be named as additional insured.
Please notify your agent for the proper coverage,and list the agent's name and location below. Our representative will follow up for the
confirmation of this coverage.
INSURANCE AGENT: CONTACT PERSON:
ADDRESS: PHONE NUMBER: (
CUSTOMER SIGNATURE:
IF EQUIPMENT HAS BEEN DELIVERED WHEN WAS IT DELIVERED?
PROCESSING OF THIS TRANSACTION WILL BE HELD PENDING RECEIPT OF THIS INFORMATION.
PLEASE FORWARD CERTIFICAIETO:Weer EgmpmetCo,IS0MM Smith Rood,Amon.Colorado 60.11-3511
WECO-Gwon.,e S IA.Nmd,aoApouce, voice 1.10Y16/m01
•
SELF-INSURANCE FOR PUBLIC LIABILITY RISKS RIDER
To Governmental Lease-Purehase Agreement (Lase Number.4202061
Dated as of November 16,2011
Between WAGNER EQUIPMENT CO
and WELD COUNTY
Notwithstanding the provisions of Section 7 of the Lease,Lessee may self-insure against Public Liability Risks,including,but not limited to,
liability coverage for personal injuries,death and/or damages to property owned by third parties with respect to or caused by the Unit(s),to the
extent that Lessee self-insures equipment which it owns or leases that is similar in nature to the Unit(s)against such damage and risks,provided
(i)no Event of Default has occuned and is continuing,and(ii)such self-insuranoe program is not and does not become,in the opinion of
Lessor,inconsistent with prudent industry practice with respect to equipment similar in nature to the Unit(s).Lessee shall deliver to Lessor,on
or before the Delivery Date of each Unit with respect to which Lessee will self-insure,aSelf-Ltnuarrce Certificate substantially in the form on
the reverse.Except as herein specifically modified,the provisions of Section 7 oldie Lease shall govern Lessee's obligation with respect to
insurance for the Unit(s).
WELD COUNTY I .
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Signature: 612-144}Si - / r-fr;'�-
Name(PRINT): Barbara Kirkmeyer
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Tittle: Chair
Date: DEC 0 7 2011
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SELF-INSURANCE CERTIFICATE
Lease Number.420204
This is to acknowledge that WELD COUNTY ("Lessee") is under a self-insurance program for Public Liability Risks with respect to the
Unit(s) leased under the Governmental Lease-Purchase Agreement, dated as of November 16, 2011 between WAGNER
EQUIPMENT CO("Lessor")and WELD COUNTY Lessee.
Lessee hereby certifies that the self-insurance program(i)shall be primary without right of contribution from any insurance carried by Lessor,
and (ii) shall guarantee payment to Lessor for any and all claims, and any end all costs and expenses incurred by Lessor in connection
therewith,including,but not limited to,reasonable attorney's fees,losses,damage or liability asserted against Lessor with respect to the Unit(s).
WELD COUNTY
("Lessee")
Signature: C\. �i� �� 4f:aitr--
Name(PRINT): Barbara Kirkmeyer
Title: Chair
Date: DEC 07 2011
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