HomeMy WebLinkAbout20113131.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 #M9K00418), 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, CO ORADO
ATTEST: ,,cw�.:.714 y},Ii7c_t`, �t _
' arbara Kirkmeyer, Chair
Weld County Clerk to the Board O
Sean P. C rc/ , Pro-Tem
BY: vh �n�� __,
Deputy Cl to the Board
iI m . Gar
AP D AS TO F .-Olk O4 C "7"
David E. Long
Coun >torney c p, , ro siYt
Doug s�adema her
Date of signature: I - c)-I a
I or-13 -h 5. &Lfl1lo/I'iq ee- ; /26(=, 2011-3131
is 0-// V /_ 9-/ -- EG0064
WAGNER EQUIPMENT CL GOVERNMENTAL LEASE-1 ,'CHASE AGREEMENT
Lease Number:420204 ..
Dated as of November 9,2011
LESSEE: WELD COUNTY LESSOR WAGNER EQUIPMENT CO.
'A political agency or subdivision of the State of eStale.'
ADDRESS: p0 BOX 785 ADDRESS: 18000 SMITH ROAD
GREELEY,CO 80632 AURORA,COLORADO 8101/3511
Lesser,in reliance on Lessee's selection of the equipment described below('Unit'or'Units"),agrees to acquire.lease let and sell the Units Lessee,and Lessee 550cm to
rent,lema hire aid purchase the Units from Lessor.
Description of Unit(s) Saha
CATERPILLAR 160112 AWD MOTOR GRADER M9K00418
Payment Schedule attached. Lease Term:36 months
PAYMENT PROVISION:Thirty-sit(3d)monthly payments in the amount MS2,100.00cmmaclag on November 9,2011 followed by one(1)final payment in the
amount of S205,903.25 due on November 9,2014.
ADDITIONAL PROVISIONS: RIDERS;
NONE
TERMS AND CONDITIONS
1.LEASE TERM;NON-APPROPRIATIONS:The Lease temmn for each Unit shall commence on the dale Lessee or in,agent receives possession or takes control of the Unit,
herein refined to as the Delivery Dale,ad 551 continue through the last day of Lama fiscal year in which the Delivery Due mows and,thereafter,shall automatically be
extended for suasive annual periods coinciding with lessees fiscal yeas. Lama shall execute and deliver to Lassa•Delivery Supplement ming Lessor's standard form
In the event no Ponds or insufficient funds are eppopriued and budgeted or we aher ise not available in any fiscal year for payments due under this Lease,Lessee will
immediately notify Lessor of such as nose and this Lease shall terminate an the tat day of the find year for which appmpiations were received without penalty or
expense to Lessee,except as to the potions of payments herein agreed upon for which funds shell have been appropriated mid budgeted or are otherwise available
Notwithstanding the foregoing,Lessee agrees that to the extent permitted by law,it will non cancel the Lame under the provisions of this Section I if any funds art
appropriated to it a by it for the acquisition retention or operation of the Units or ether equipment performing Rations similar to the Units for the fiscal year in which
termination occurs or the next succeeding foal year.
2.PAYMENTS;NET LEASE:During the Lase tens,Lessee droll pa as Lessor rem for each Unit as stated in the ached Payment Schedule and according to the above
Payment Provision.An amount equal to one payment for all of the Units mast accompany this Leese.If Lear weeps and executes this Lase,said amamt shall be appliedto
the fret payment due.If Lessor does not execute this lease,said amount will be returned to Lessee.If Lessor does not receive a paymmt on the date it a due,Lessee shall pay
to Lessor,on demand,a lam payment ehaage equal to the leaser of five percent(5%)of the payment not paid when due or to highs charge allowed by law,whichever is lm.
This Lease is a at lease,and Lessee shall not be entitled to any abatement or seduction of payment or any setoff agsimt pament,whether arising by reason of any pn,
present or tenure claims of any nature by Lena against Le sor of otherwise Except as otherwise expressly provided herein,the obligations of Lessor and Lessee shall not be
affected by any defer i4 damage to,loss of paamsionner me of any Unit,heaver caused,by the machment of any lien neuter claim to ay Unit,by any interference'nth
Lessee's me of the Unit,or for any other cause,whether similar or dissimilar to the foregoing,any presentee future law to the contrary notwithstanding,
( 3.DISCLAIMER OF WARRANTIES:Lessee acknowledges and agras that Lessor is not the manufacturer of the Unit(s)and that Wale Ms selected each Unit based on
Lessee's own judgment without any relmnax whatsoever en any statements or representations trade by Lessor.AS BEf WEEN LESSOR AND LFCCFE THE UNITS)
ARE PROVIDED 'AS S WITHOUT ANY WARRANTIES OF ANY KIND. LESSOR HEREBY EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF
MERCHANTABILITY,b)ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,AND c)ALL WARRANTIES AGAINST INFRINOEMENT OR THE
LIKE.Lessor reigns to Lae its interest in any oft he manufacture?.warranties on the Units(s).
4.POSSESSION,USE AND MAINTENANCE Lessee shall not(a)use,operate,maintain or nee any Unit improperly,carelessly,unafely or in violation of any applicable
law a regulation or for any purpose calm than in the conduct of Lessees business;(b)abandon any Unit(c)subtheme any Unit,permit the me of any Unit by anyone other
time Lessee,change the me of any Unit Ban that specified in the attached Application Survey/Usage Rider,or change the location of any Unit from that specified above
irhout the prior written consent of Lessor,or(d)sell,assign or safer,or directly or indirectly crm e or suffer to exist any lien,claim,security interest or encumbrance on
any of ha rights hereunder or in any Unit The Units an and shall remain person&property irrespective of their me or manner of attachment to reeky.Upon prior notice to
Lessee,Lessor or its agent all have the right(but not the obligation)at all reasonable limes to inspect any Unit and maintenance reads airing therein Lessee shall at its
expanse and at all times during the Lease tea maintain the Units in good opeaeling order,repair and condition and shall perform maintenance m lean as frequently as set forth
in any applicable openmas guide,service manual,ad'abstention and nninsaumm guide for the Unit Lessee shall rot alter any Unit or affa any accessory or equipment to
any Unit if awh alteration or addition would impair the originally intended function or tae or reduce the value of such Unit.Any alteration or addition to any Unit shall be the
responsibility of and at the sole risk of Lease.All puts,accessories and equipment affixed to any Unit shall be subject to the security interest of lessor granted hereunder,If
Lessor supplies Lessee with labels seeing that the Unit is leased from Lessor,lessee shall affix and keep them in a prondront place on the Unit,
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED AND EXECUTED COPY OF THIS AGREEMENT
Lessee: W ELD,PUNTY / ' , Lessor WAGNER EQUI ENT C
By 4> 1,0 NY r
Name(PR7NT)' Barbara Wi rkmeydr Name(PRINT)
Title Chair fT `y Title '
Date DEC 11 ( 20" Date 17L49L1.)
•
2011-3131
wacO-Oewmnvol latieMas,AMmt Varian r.l MGM,
5,LESSEE'S REPRESENTATION AND WARRANTIES:Lessee represents and warrants to Lessor that(a)Lessee is a fully constituted political subdivision or agency duly organized and
existing under the Constitution and laws of the state where die Units will be located.(b)Lessee has the power to enter into and perform this Lease and has taken all necessary and appropriate action to
auWonee the execution,delivery and performance 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 area=for Federal income taxation purposes pursuant o Section 103 of the Internal Revenue Code of 1986,as amended(the"Code"),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 funds can be obtained sufficient to make all payments during the term of this Lease.
Lessee represents that the use of the Units is essential to Lessee's proper,efficient and economic operation.Lessee acknowledges and agrees that the payments have been calculated by Lessor
asming that the interest portion of each payment is excludable from gross income for Federal income taxation purposes.Lessee represents,warrants and covenants that(a)Lessee will comply with
the information reporting requirements of Section 149(e)of the Code,as the same may be amended from tame to time,and such compliance shall include but not be limited to the execution of
information statements requested by Lessor;(b)Lessee will not do or cause to be done any act which 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 will 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 activity bond within the meaning of
Secsion 141(a)of the Code;(d)Lessee will timely pay to the extent of available funds,amounts required to be rebated to the United States pursuant to Section 148(1)of die Code(e)Lessee will not
do or cause to be done any nestshich win cause,or ho omission of any act allow,the interest portion of the payments to be or become includable in gross se for Federal income taxation purposes
under the Code:and(0 Lessee will be the cxel ester movof er,user and operator he 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 whatsoever,for condemnation of any
Unit prior to,during or subsequent to(snarl the Unit is resumed to Lessor pursuant to Section 10)the Lease term,and for injury to or death of any person or damage to any property in any manner
arising out of or incident to the possession.use.operation.condition or storage of the Unit.If any Unit becomes damaged,from any causewhatsoeser,lessee shall(ere Lessor prompt notice thereof.
If Lessor reasonably determines that such damage is not repairable,then lessee shall as expense.promptly restore the Unit to th alt required by S t n 4 above.If any Una becomes worn
out lost stolen,destroyed or irreparably damaged(as reasonably d t rte nerd by Lessor)from 'h t or taken by condemnation th a(any such occurrence hereafter a
"Casualty Occurrence")prior to,during or subsequent to(until the Unit Is returned to Lessor purmant to Section 10)the Lease term,lessee shall give Lessor prompt notice thereof In the event of a
Casualty Occurrence.Lessee shell pay to Lessor,on the earlier of(a)the fire payment date following such Casualty Occurrence or(b)thirty(30)days following such Casualty Occurrence,a sum(the
"Termination 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
She interest portion(as specified in the Payment Schedule)of the new payment due following such Casuals).Occurrence multiplied by a fraction the numerator of which is the number of days from the
later of(a)the Dein cry Date of the Una or(b)the due date of the payment immediately preceding such Casualty Occurrence until the due date of the payment due hereunder in respect of such
Casualty Occurrence and the denominator of which is 360.Lessee,at its expense,shall keep each Unit insured against all risks for not less than the applicable Beginning Balance with respect to such
Unit and shall maintain comprehensise public liability insurance coy ming each Unit for not less than S Ip0gtID0 for combined coverage for bodily injury and property damage.All insurance shall(a)
be in a form and with such companies as Lessor shall approve,(b)specify Lessor for its designee)and Lessee as named insureds,lel be pitman,without right of contribution from any other
insurance ca
rried by Lessor,(d)provide that such insurance may not be cancelled or altered so as to affect the interest of Lessor without at least thirty(3(1)days'prior written notice to Lessor,and(e)
name Lessor(or ustms alts with i loss without
and s syprio solely a Lessor t Lessee agrees to notify Lessor appoints
of any Lessor occurrence which mays become the basis of an insurance ee dairy a cheeks and not to
make any adjustments to take with insurers c o s nee Lessees aytprior written consent.Lessee si hereby th irrevocably -DaleLessor its attorney-in-fan to receive payment of and endorse all cheeks and other
documents and to take any other actions necessary to pursue insurance claims.Prior to the first Delivery Date of am Unit.Lessee shall deliver to Lessor satisfactory evidence of such insurance
coctage
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:its any
representation or warranty of Lessee contained herein or in any document furnished to Lessor in connection herewith shall be incorrect or misleading when made.(e)Lessee shall fail to observe or
perform any other covenant,agreement or warranty made by Lessee hereunder and such failure shall continue for ten(111)days after written notice thereof to Lessee.(d)Lessee shall fail to make any
payment on as bonded indebtedness when due.or(e)there shall be a default by Lessee wider any other agreement between lessor and Lesser.If any Event of Default shall occur.Lessor,at its
option,may(a)proceed by appropriate court anions)to enforce this Lease or to recover damages for the breach thereof,(halo,notice in sorting to Lessee,terminate Ihis lease.but Lessee shall
remain liable as hereinafter provided,and there upon Lessor may.at its option do any one or more or the following'.(b'I)recover forthwith from Lessee(i)any and all amounts then duo under this
lease or which may have accrued to the date of such lemanalion.(n)as damages for less of die bargain and not as a penalty,a sum equal to the payments due with respect to the Units and additional
security during the balance or the fiscal veer,and(nil any additional damages and expenses ustained by Lessor by reason of the breach of any c ant,representation or warranty contained in this
Lease other than for the payment of amounts due hereunder,(bd)enforce the mutts interest given hereunder,(b-3)without notice,liability or legal process.enter upon the premises w hem any of
the Unit or additional security may be and take possession thereof.and(b'4)require Lessee to return the Units and additional security as provided in Section 10.Lessor shall have all tights given to e
secured party by lase.Provided Lessor receives possession of the Units and additional security following an Event of Default,Lessor may,at its option,undertake commercially reasonable effort o
sell or re-lease the Units and additional security,and the proceeds of any such sale or release shall be applied:first to reimburse Lessor for all reasonable expenses of retaking,holding,preparing for
sale or re-lease and selling or releasing the Units and additional security.including all taxes and reasonable attorney's fees and expenses.second,l0 the extent not previously paid by Lessee,to pay
Lesser all amount;except those specified below.which under the terms of this Lease arc due or have tamed as of the date of Lessor's receipt of said proceeds,third,to pay all late payment charges
pursuant o Section 2 hereof:and fourth.to pay Lessor the applicable Termination Value with respect to the Units.Any surplus shall be paid so the person entitled thereto.Lessee shall promptly pay
any deficiency to Lessor.Lessee acknowledges that sales for cash or on credit teas'holesaler,retailer or user of the Units are all commercially reasonable Lessee agrees to pay all reasonable
attorney's fees and all costs and expenses incurred by Lessor in enforcing this Lease.The remedies hermit provided shall be cumulative and an addition to all other remedies at law or in equity:
provided,however.Lessor shall not be titled to recover a greater amount ta damages than lessor could have gained through Lessee's full,tamely and complete performance under this Lease,plus
all fees,costs and expenses incurred by Lessor in enforcing this Lease and all lac payment charges pursuant to Section 2 If Lessee fails to perform any of as obligations under this Lease,Lessor may
(but need not)at any time thereafter perform such obligation,and the expenses incurred in connection therewith shall be payable by Lessee upon demand.
8,RETURN OF UNIT:Upon any termination of the temp of lies Lease with respect to each Unit or if lessor shall rightfully demand possession of any Una,Lessee,at as 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
type as the Unit or on board such carrier as Lessor shall specify and shipping the same height collect,to the destination designated by Lessor.If the Unit is not the condition required by Section 4,
Lessee shall pay to Lessor.on demand,all costs and expenses incurred by Lessor to bring the Unit into said condition.
9,REPORT TO IRS:Lessee will report this I.case to the Internal Revenue Sen ice by filing Form 8038-(3.8038-GC or 8038 sxhicheses as applicable.Failure to do so will cause the Lease to lose its
tax esontpt status Lessee agrees that if the appopnate fart is notfiled,the interest rate will be adjusted to an equts alenuaxable mmrcssrate
10.TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Unit on its denser)date;(b)no Facia of Default exists as of the Delivery Dam of
the Unit,title to each Unit shall vest in Lessee on the Delis cm Date of the Unit.provided.hemmer_that in she evens(i)this Lease is terminated pursuant to Section I hereof,or(Ii)an Event of Default
has urred and is ontinuing,tale to the Unit shall immediately re n Lessor.free of am right,title and interest of Lessee,unless Lessor elects otherwise In tenting Lessee hereby grants to
Lessor c
a continuingsecurity Interest in the Units including all attachments,accessories and optional features(whether or not installed thereon)and all substitutions,replacements,additions and
accessions thereto,and all proceeds of all or the foregoing,to secure the payment of all sums due.Lessee will.at its expense,do any further act and execute,acknowledge,deliver,file,register and
record any further documents which Lessor may reasonable request in order to protect Lessees seemly interest in the Units and Lessor's rights and benefits under alias Lcase.Lessee hereby appoints
Lessor as Lessee's ARomev-in-Fact for the signing and filing of such documents and anthonees Lessor to delegate these limited power.
It,ASSIGNMENT;COUNTERPARTS:The rights of Lessor under this Lease may be assigned by Lessor at any lima ',notified by Lessor,Lessee shall make all payments due under this Lease
to the perm'designated in the notice.without offset or deduction No assignment of this Lease y right or obligalson under it may-be made by Lessee washout the prior written consent of Lessor.
This Lease shall be binding pon and bends Lessor and Lessee and tor respect ye successors and assigns If Ous Lease is assigned by Lessor to a p tut rship or trust die term Lessor'shall
thenceforth mean and include the partnership or trust and shell also include,for purposes of Sections 3.4,6,]&8,each partner in or beneficiary of the partnership or trust. Although multiple
counterparts of this document may be signed.only the eounlepars accepted,ecknowedeed and certified by Wagner Equipment Co.on the signature page thereof as the original will constitute original
chattel paper.
IE,EFFECT OF WAIVER:No delay right or remedy accruing to Lessor thereunder shall impair such right or remedy nor shall 11 be construed to be a w'anu of am
breach or default of Lessee Any waiver consent by Lessor under this Lease ma he inling specsscan>set forth.This Lease completely states the rights of lessor and Lessee with respect to the
units and supersedes all prior agreements wit respect thereto.Time is of the essence of this Lease No ariatson or modification of this Lease shall be valid unless in writing and signed by the
authorized represent's')es of Lessor and Lessee.All notices hereunder shall be In writing,addressed to each party at the address set forth on the front of this Lease or at such other address as may be
furnished in noting.If any provision of Wis Lease shall be inn alhd under any appl treble law,such pros Ision shall be deemed omitted but the mmainhng provisions shall be given effect.All obligation
of Lessee under this Lease shall sun me We expiration or temhination of this Lease to the extent required for their full observance and performance.
13.GENERAL:This Lease shall be governed by and construed under the laws of the State where the Units are located
WLCo—clovemnhehtot I,eav4e¢haw Agmunen Version I.1 M:i 6O0I
NON-APPROPRIATIONS ADDENDUM
to
FINANCIAL LEASE AGREEMENT
ILease Number: 420207
between
WAGNER EQUIPMENT CO
and
WELD COUNTY
DATED AS OF November 9,2011
Lessor and Lessee hereby agree to add the following provision to the Lease,and further acknowledge that all terms contained herein are to be
II
defined according to the provisions of the Lease:
Lessee represents and warrants to I"'tear 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 approved.It is Lessee's intent to make rental payments for the full term of this Lease if
funds are available therefore and 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 are appropriated and budgeted or are otherwise not available in any fiscal year for rental
payments due under this I Pace,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 funds 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 respect 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 tease,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 teens of
this Addendum if any funds are 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 essentially the same application for which the Units are intended.
LESSEE: LESSOR:
WELD COUNTY 1 WAGNER EQUIPME 44 CO
By �(f.ILuti /Lzc/ By
Name(PRINT) Barbara Kirkmeyer Name(PRINT) Vicki a
Title Chair Title Financial Services Manaaer
Date DEC 07 2011 Date 11/09/11
WECo-Gove sari Lase-Purchae Aaammt Version I. 04/I&2001
Attachment to Governmental Lease—Purchase Agreement Lease Number: 4202071
Dated as o£November 9,2011
Between WELD COUNTY
("Lessee")
And WAGNER EQUIPMENT CO
("Lessor")
LEASE PAYMENT SCHEDULE
Payment Date Payment Number Payment Amount Due Payment Date Payment Number Payment Amount Due
11/09/11 1 2100.00 05/09/14 31 2100.00
12/09/11 2 2100.00 06/09/14 32 2100.00
01/09/12 3 2100.00 07/09/14 33 2100.00
02/09/12 4 2100.00 08/09/14 34 2100.00
03/09/12 5 2100.00 09/09/14 35 2100.00
04/09/12 6 2100.00 10/09/14 36 2100.00
05/09/12 7 2100.00 11/09/14 37 205,903.25
06/09/12 8 2100.00
07/09/12 9 2100.00
08/09/12 10 2100.00
09/09/12 11 2100.00
10/09/12 12 2100.00
11/09/12 13 2100.00
12/09/12 14 2100.00
01/09/13 15 2100.00
02/09/13 16 2100.00
03/09/13 17 2100.00
04/09/13 18 2100.00
05/09/13 19 2100.00
06/09/13 20 2100.00
07/09/13 21 2100.00
08/09/13 22 2100.00
09/09/13 23 2100.00
10/09/13 24 2100.00
11/09/13 25 2100.00
12/09/13 26 2100.00
01/09/14 27 2100.00
02/09/14 28 2100.00
03/09/14 29 2100.00
04/09/14 30 2100.00
Total Payments=8281,503.25
WELD COUNTY . WAGNER EQUIPMENT CO
.
(Lessee) , i 4 (Lessor)
Signature L /XI-t��1� Signature .
Name(Print) Barbara Kir meyer Name(Print) Vi
Title Chair Title Financial Services Manager
Date DEC 0 7 2011 Date 11/09/11
WECO-Governmental Loase.Pmdwe Agreement Version'.101/,6/2001
DELIVERY SUPPLEMENT
Lease Number:4202071
This pertains to the Lease,dated as of November 9,2011,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,(i)the Unit(s)are in all respects satisfactory to Lessee for leasing under the Lease,and(ii)Lessor
has performed all of its obligations under the Lease.
Descriation of Unit(s) Serial# Location
CATERPILLAR 160M2 AWD M9K00418
WELD COUNTY
Possession date: Signature tic ' ciL�
Name(Print) Barbara Kirkmeyer
Title: Chair
Date: DEC 0 7 2011
wEco-cam Lenrrurdtase Agreement
Veroou I.L 04/162001
INSURANCE COVERAGE FOR LEASED EQUIPMENT
Lease Number:420207
Dated as of:November 9,2011
EOUIPMENT: Serial#
CATERPILLAR 160M2AWD M9K00418
Total value to be insured: $254,000.00
RE:INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY and WAGNER EQUIPMENT CO, it is required 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 WREN WAS IT DELIVERED?
PROCESSING OF THIS TRANSACTION WILL BE HELD PENDING RECEIPT OF THIS INFORMATION.
PLEASE FORWARD CERTIFICATE TO:Wagner Equipment Co,18000 Smith Road, Aurora,Colorado 80011-3511
WECO-OonenenmW lase-Purchase Agreement Venion 1.100/16/1001
SELF-INSURANCE FOR PUBLIC LIABILITY RISKS RIDER
To Governmental Lease-Purchase Agreement Lease Number:4202071
Dated as of November 9,2011
Between WAGNER EQUIPMENT CO
and WELD COUNTY
Notwithstanding the provisions of Section 7 of the 1 Parr,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 occurred and is continuing,and(ii)such self-insurance 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,a Self-Insurance Certificate substantially in the form on
the reverse.Except as herein specifically modified,the provisions of Section 7 of the Lease shall govern Lessee's obligation with respect to
insurance for the Unit(s).
WELD COUNTY
("Lessee")
/
Signature: —lip1 F {;Jr,mac.,
Name(PRINT): Barbara Kirkmeyer
Title: Chair
Dare: DEC 07 2011
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Waco-Governmental Larse-Plitthafe Ryeeman version 1.1 04/16^oal
SELF-INSURANCE CERTIFICATE
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Lease Number:420201
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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 9, 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 and 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: 14 <u— / 4i ,A--
Name(PRINT): Barbara Kirkmeyer
Title: Chair 7 2011
Date: DEC 0 7
WECO•-Governmental Leas-P:ad,me Agroemonr Ve ron 1.1 04/16/10.01
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