HomeMy WebLinkAbout20023008.tiff RESOLUTION
RE: APPROVE LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER#2ZK07966,
WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - CATERPILLAR FINANCIAL SERVICES CORPORATION
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 Lease-Purchase Agreement for a
Caterpillar Motor Grader, with amendments, 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 Caterpillar Financial Services Corporation, commencing upon full
execution, with further terms and conditions being as stated in said Lease-Purchase Agreement
and amendment, and
WHEREAS, after review, the Board deems it advisable to approve said Lease-Purchase
Agreement and amendment, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Lease-Purchase Agreement for Caterpillar Motor Grader
#2ZK07966, with amendments, 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 Caterpillar Financial Services Corporation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents.
/v 2002-3008
EG0046
.fie f L� ('&/er 1//nr
LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER#2ZK07966 - CATERPILLAR
FINANCIAL SERVICES CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
--'y + WELD COUNTY, COLORADO
ATTEST: ,ü4/,44L4ia ! ` , EXCUSED DATE OF SIGNING (AYE)
Gle aad, Chair
Weld County Clerk to th Board, 22
1\‘::::7 J., & i
>rA 4,_ David E. Lon Te
� g,�'Co m
BY: _ ...iii. � . �����-• ./lY . ' '\ I �(/i
Deputy Clerk to the Boar�+� ',Z.,
M. J. Geile fr/-,,t-ei
AS TO FORM: Fr/-.,t-r
1 2/`' William H. Jerke �'f
- 90my ktorney ,� _ l VV�f
Robert D. Masden
l
Date of signature: '.2/
2002-3008
EG0046
'CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Dated as of OCTORFR 16, 7 GO7
LESSEE: WELD COUNTY,COLORADO LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
ADDRESS:"A political a11111y or H STREET ton of the State of Colorado" • ADDRESS: 2120 West End Avenue V. ab' (]tea
P.O.BOX 758
GREELEY,CO 80632 Nashville.TN 37203
Lessor,in reliance on Lessee's selection of the equipment described below("Unit'or'Units"),agrees to acquire,lease,let and sell the Units to Lessee,and Lessee agrees to
rent,lease,hire and purchase the Units from Lessor.
Description of Unit(s) Serial#
(1)New I4OH Caterpillar Motor Grader 2ZK07966
ACCEPTED,ACKNOWLEDGED
AND CERTIFIED BY CATERPILLAR
FINANCIAL SERVICES CORPORATION
AS THE ORIGINAL.
BY:
T -EXEC E4,"
VICE PRESIDENT
Location of Unit(s): 11 l I H STREET
GREELEY,CO 80632,WELD •
Payment Schedule attached. Lease Term:36 Months Utilization Date:November I2,2002
PAYMENT PROVISION:
Lessee shall pay to Lessor payments(including the principal and interest portion)in 36 consecutive monthly installments commencing IO/I h/07 •
ADDITIONAL PROVISIONS: RIDERS:
TERMS AND CONDITIONS
I. LEASE TERM; NON-APPROPRIATIONS: The Lease term for each Unit shall commence on its'Delivery Date"(which is the later of the dale on which(a)Lessor
executes this Lease,(b)Lessor takes title to the Unit,or(c)Lessee or its agent receives possession or takes control of the Unit,provided the Delivery Date is on or prior to
the Credit Utilization Dale set forth above)and shall continue through the last day of Lessee's fiscal year in which the Delivery Date occurs and,thereafter.shall
automatically be extended for successive annual periods coinciding with Lessee's fiscal years. If the Delivery Date is not on or prior to the Credit Utilization Date,Lessee
shall,at the option of Lessor,assume Lessor's obligations to purchase and pay for the Unit. Within seven days following the Delivery Date of each Unit,Lessee shall
execute and deliver to Lessor a Delivery Supplement using Lessor's standard form. In the event no funds or insufficient funds are appropriated and budgeted or are
otherwise not available in any fiscal year for payments due under this Lease.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,except as to the portions of payments herein agreed upon for
which funds shall have been appropriated and budgeted or arc otherwise available. Notwithstanding the foregoing,Lessee agrees that,to the extent permitted by law.ii
will not cancel the Lease under the provisions of this Section I 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 lineal year in which termination occurs or the next succeeding fiscal year.
2. PAYMENTS;NET LEASE: During the Lease term,Lessee shall pay to Lessor,at,rent for each Unit as stated in the attached Payment Schedule and according to the
above Payment Provision. An amount equal to one payment for all of the Units must accompany this Lease. If Lessor accepts and executes this Lease,said amount shall
be applied to the first payment due. If Lessor does not execute this lease,said amount will be retuned to Lessee. If Lessor does not receive a payment on the date it is
due,Lessee shall pay to Lessor,on demand,a late payment charge equal to the lesser of five percent(5%)of the payment not paid when due or the highest charge allowed
by law,whichever is less. Ibis Lease is a net lease,and Lessee shall not be entitled to any abatement or reduction of payment or any setoff against payment,whether
arising by reason of any past,present or future claims of any nature by Lessee against Lessor or otherwise. Except as otherwise expressly provided herein,the obligations
of Less and Lessee shall not be affected by an defect in,damage to,loss of possession or use of any Unit,however caused,by the attachment of any lien or other claim to
any Unit•by any interference with Lessee's use of the Unit,or for any other cause,whether similar or dissimilar to the foregoing,any present or future law to the contrary
notwithstanding.
3. DISCLAIMER OF WARRANTIES: Lessee acknowledges and agrees that Lessor is not the manufacturer of the Unit(s)and that Lessee has selected each Unit based
on Lessee's own judgment without any reliance whatsoever on any statements or representations made by Lessor. AS BETWEEN LESSOR AND LESSEE,THE UNIT(S)
ARE PROVIDED'AS 15' 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 INFRINGEMENT OR
THE LIKE. Lessor assigns to Lessee its interest in any of the manufacturers warranties on the Units(s).
4. POSSESSION,USE AND MAINTENANCE: Lessee shall not(a)use,operate,maintain or store any Unit improperly,carelessly,unsafely or in violation of any
applicable law or regulation or for any purpose other than in the conduct of Lessee's business:(b)abandon any Unit:(c)sublease any Unit,permit the use of any Unit by
anyone other than Lessee,change the use of any Unit from that specified in the attached Application Survey/Usage Rider,or change the location of any Unit from that
specified above,without the prior written consent of Lessor,or(d)sell,assign or transfer,or directly or indirectly create or suffer to exist any lien,claim,security interest
or encumbrance on any of its rights hereunder or in any Unit, The Units are and shall remain personal property irrespective of their use or manner of attachment to realty.
Upon prior notice to Lessee,Lessor or its agent shall have the right(but not the obligation)at all reasonable times to inspect any Unit and maintenamx records relating
thereto. Lessee shall,at its expense and at all times during the Lease term,maintain the Units in good operating order,repair and condition and shall perform maintenance
at least as frequently as set forth in any applicable operator's guide,service manual,and lubrication and maintenance guide for the Units. Lessee shall not alter any Unit or
affix any accessory or equipment to any Unit if such alteration or addition would impair the originally intended function or use 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 Lessee. All pans,accessories and equipment affixed en any Unit shall be subject to the
security interest of Lessor granted hereunder. If Lessor supplies Lessee with labels stating that the Unit is leased from Lessor.Lessee shall affix and keep them in a
prominent 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: WELD
LD�C0UNTY,COLORADO Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By-----,aG ��.� By Rill Schnwalter
Name(PRINT) Glenn Vead Name(PRINT)
Title Chair Title D5'IiimannttatinnManager
Date 11/18/7(107 • Date DEC 25 20O2
2002-3008
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 the 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 authorize 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 income for Federal income taxation purposes pursuant to Section 103 of the Intemal 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 assuming 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 time to time,and such compliance shall include but not be limited to the
execution of infomtation 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 Section 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(0 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 income for Federal income
taxation purposes under the Code;and(0 Lessee will be the exclusive owner,user and operator of the Units,Lessee shall provide to Lessor an opinion of counsel substantially in the form attached
hereto.
6. TAXES: Lessee agrees to promptly pay or reimburse Lessor for all fees and taxes of any nature,together with any penalties,fines or additions to tax,or interest thereon(all of the foregoing
hereafter the"Impositions"),arising at any time prior to,during or subsequent to the Lease term and levied by any taxing authority with respect to or in connection with any Unit,excluding,
however,taxes measured by Lessor's net income(of but not excluding any net income taxes which,by the term of the statue imposing such tax,expressly relieve Lessee or Lessor from the payment
of any Impositions which Lessee would otherwise be obligated to pay or reimburse). If Lessor is not entitled to a corresponding and equal deduction with respect to any Imposition which Lessee is
required to pay or reimburse and such payment or reimbursement constitutes income to Lessor,then Lessee shall also pay to Lessor the amount of any Impositions which Lessor is obligated to pay
in respect of(a)such payment or reimbursement by Lessee and(b)any payment by Lessee made pursuant to this sentence. Lessee shall prepare and file,in a manner satisfactory to Lessor,any
reports or returns which may be required with respect to the Units. For purposes of this Section,"Lessor'shall include any affiliated group,within the meaning of Section 1504 of the Code,of
which Lessor is a member for any year in which a consolidated or combined income tax return is filed for the affiliated group.
7. 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(until the Unit is returned to Lessor pursuant to Section 10)the Lease temp,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 cause whatsoever,Lessee shall give Lessor prompt
notice thereof. If Lessor reasonably determines that such damage is not irreparable,then Lessee shall,at its expense,promptly restore the Unit to the condition required by Section 4 above.If any
Unit becomes wom out, lost, stolen, destroyed or irreparably damaged(as reasonably determined by Lessor) from any cause whatsoever, or taken by condemnation or otherwise (any such
occurrence hereafter a"Casualty Occurrence")prior to,during or subsequent to(until the Unit is returned to Lessor pursuant to Section 10)the Lease term,Lessee shall give Lessor prompt notice
thereof. In the event of a Casualty Occurrence,Lessee shall pay to Lessor,on the earlier of(a)the first payment date following such Casualty Occurrence or(t)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 the interest portion(as specified in the Payment Schedule)of the next payment due following such Casualty Occurrence multiplied times a fraction the numerator
of which is the number of days from the later of(a)the Delivery Date of the Unit 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 comprehensive public liability insurance covering each Unit for not less than$1,000.000 for combined coverage for bodily
injury and property damage. All insurance shall(a)be in a font and with such companies as Lessor shall approve,(b)specify Lessor(or its designee)and Lessee as named insureds,(c)be primary,
without right of conMbution from any other insurance carried 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
(30)days'prior written notice to Lessor,and(e)name Lessor(or its designee)as loss payee and be payable solely to Lessor. Lessee agrees to notify Lessor of any occurrence which may become
the basis of an insurance claim hereunder and not to make any adjustments with insurers without Lessor's prior written consent. Lessee hereby irrevocably appoints Lessor its attomey-in-fact to
receive payment of and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. Prior to the first Delivery Date of any Unit,Lessee shall delivery
to Lessor satisfactory evidence of such insurance coverage.
8. WAIVER AND INDEMNITY: LESSEE HEREBY AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF LESSEE OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF
CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE,STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY
CAUSED BY OR RELATING TO THE DESIGN,MANUFACTURE,SELECTION,DELIVERY,CONDITION,OPERATION,USE,OWNERSHIP,MAINTENANCE OR REPAIR
OF ANY UNIT. FURTHER,LESSEE AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES,INCLUDING REASONABLE ATTORNEYS' FEES,INCURRED BY
LESSOR OR ITS DIRECTORS,OFFICERS, EMPLOYEES,AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO
CONDITION OR CAUSE OF ACTION SHALL LESSOR BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL,INDIRECT
OR CONSEQUENTIAL DAMAGES.
9. 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 furnished to lessor in connection herewith shall be incorrect or misleading when made;(c)Lessee shall fail to observe or
perfomt any other covenant,agreement or warranty made by Lessee hereunder and such failure shall continue for ten(10)days after written notice thereof to Lessee;(d)Lessee shall fail to make
any payment on its bonded indebtedness when due;or(e)there shall be a default by Lessee under any other agreement between Lessor and Lessee. If any Event of Default shall occur,Lessor,at its
option,may(a)proceed by appropriate court action(s)to enforce this Lease or to recover damages for the breach thereof;(b)by notice in writing to Lessee,terminate this Lease,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(i)any and all amounts then due under this
Lease or which may have accrued to the date of such termination,(ii)as damages for loss of the bargain and not as a penalty, a sum equal to the payments due with respect to the Units and
additional security during the balance of the fiscal year,and(iii)any additional damages and expenses sustained by Lessor by reason of the breach of any covenant,representation or warranty
contained in this Lease other than for the payment of amounts due hereunder;(b-2)enforce the security interest given hereunder,(b-3)without notice, liability or legal process, enter upon the
premises where any of the Units 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 rights given to a secured party by law. Provided Lessor receives possession of the Units and additional security following an Event of Default, Lessor may,at its option, undertake
commercially reasonable effort to sell or re-lease the Units and additional security,and the proceeds of any such sale or re-lease shall be applied: first,to reimburse Lessor for all reasonable
expenses of retaking,holding,preparing for sale or re-lease and selling or re-leasing the Units and additional security.including all taxes and reasonable attorney's fees and expenses:second,to the
extent not previously paid by Lessee,to pay Lessor all amounts,except those specified below.which under the terms of this Lease are due or have accrued as of the date of Lessors receipt of said
proceeds;third,to pay all late payment charges pursuant to Section 2 hereof;and fourth,to pay Lessor the applicable Termination Value with respect to the Units. Any surplus shall be paid to the
person entitled thereto. Lessee shall promptly pay any deficiency to Lessor. Lessee acknowledges that sales for cash or on credit to a wholesaler,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 herein provided shall be cumulative and in
addition to all other remedies at law or in equity;provided,however,Lessor shall not be entitled to recover a greater amount in damages than Lessor could have gained through Lessee's full,timely
and complete performance under this Lease,plus all fees,costs and expenses incurred by Lessor in enforcing this Lease and all late payment charges pursuant to Section 2. If Lessee fails to
perform any of its obligations under this Lease, Lessor may(but need not)at any time thereafter perfomr such obligation,and the expenses incurred in connection therewith shall be payable by
Lessee upon demand.
10. RETURN OF UNIT: Upon any termination of the term 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 type as the Unit,or on board such carrier as Lessor shall specify and shipping the sante.freight collect,to the destination designated by Lessor. If the Unit is not in 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.
11. REPORT TO IRS: Lessee will report this Lease to the Internal Revenue Service by filing Form 8038-G,8038-GC or 803R whichever is applicable. Failure to do so will cause the Lease to
lose its tax exempt status. Lessee agrees that if the appropriate form is not filed,the interest rate will be adjusted to an equivalent taxable interest rate.
12. TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Unit on its delivery date;(b)the Delivery Date of the Unit is on or prior to the
Credit Utilization Date noted on the face hereof;and(c)no Event of Default exists as of the Delivery Date of the Unit,title to each Unit shall vest in Lessee on the Delivery Date of the Unit,
provided,however,that in the event(i)this Lease is terminated pursuant to Section 1 hereof,or(ii)an Event of Default has occurred and is continuing,title to the Unit shall immediately revest in
Lessor,free of any right,title and interest of Lessee,unless Lessor elects otherwise in writing. Lessee hereby grants to Lessor a continuing security 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 of the foregoing,including,but not
limited to,proceeds in the fomt of chattel paper 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 Lessors security interest in the Units and Lessor's rights and benefits under this Lease. Lessee hereby appoints Lessor as
Lessee's Attorney-in-Fact for the signing and filing of such documents and authorizes Lessor to delegate these limited powers. Lessee further represents and warrants to Lessor that Lessee is and
shall remain a Governmental registered in the state of CO("Business Location");and Lessee will not change its form of business organization or Business Location without prior written notice to
Lessor.
13. ASSIGNMENT;COUNTERPARTS:Without the prior written consent of Lessor,no assignment of this Lease or any right or obligation hereunder may be made by Lessee or any assignee of
Lessee. Lessor may not assign its right,title and interest in and to this Lease and the Units and/or grant or assign a security interest in this Lease and the Units,in whole or in part. Although
multiple counterparts of this document may be signed,only the counterpart accepted,acknowledged and certified by Caterpillar Financial Services Corporation on the signature page thereof as the
original will constitute original chattel paper.
14. EFFECT OF WAIVER: No delay or omission to exercise any right or remedy accruing to Lessor hereunder shall impair any such right or remedy nor shall it be construed to be a waiver of
any breach or default of Lessee. Any waiver or consent by Lessor under this Lease must be in writing specifically set forth. This Lease completely states the rights of Lessor and Lessee with
respect to the Units and supersedes all prior agreements with respect thereto. Time is of the essence of this Lease. No variation or modification of this Lease shall be valid unless in writing and
signed by the authorized representatives of Lessor and Lessee. All notices hereunder shall he in writing,addressed to each party at the address set forth on the front of this Lease or at such other
address as may he furnished in writing. If any provision of this Lease shall be invalid under any applicable law,such provision shall be deemed omitted but the remaining provisions shall be given
effect. All obligation of Lessee under this Lease shall survive the expiration or termination of this Lease to the extent required for their full observance and performance.
15. GENERAL: This Lease shall he governed by and construed under the laws of the State where the Units are located.
EXHIBIT 2 (multiple assets)
Concluding Payment Schedule to
Governmental Agreement
Dated fJCTf1BER 16, ,y9/2OO2
between
Caterpillar Financial Services Corporation
and
WELD,COLORADO,COUNTY OF
Description of Unit:I Caterpillar 140H serial#2ZK07966
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.55000% Payment(")
Oct-I 6-02 I 155,760.00 1,438.31 0.00 154,321.69
Nov-16-02 2 154,321.69 1,438.31 585.14 153,468.52
Dec-16-02 3 153,468.52 1,438.31 581.90 152,612.11
Jan-16-03 4 152,612.11 1,438.31 578.65 151,752.45
Feb-16-03 5 151,752.45 1,438.31 575.39 150,889.53
Mar-16-03 6 150,889.53 1,438.31 572.12 150,023.34
Apr-16-03 7 150,023.34 1,438.31 568.84 149,153.87
May-I6-03 8 149,153.87 1,438.31 565.54 148,281.10
Jun-16-03 9 148,281.10 1,438.31 562.23 147,405.02
Jul-16-03 10 147,405.02 1,438.31 558.91 146,525.62
Aug-I 6-03 11 146,525.62 1,438.31 555.58 145,642.89
Sep-16-03 12 145,642.89 1,438.31 552.23 144,756.81
Oct-16-03 13 144,756.81 1,438.31 548.87 143,867.37
Nov-16-03 14 143,867.37 1,438.31 545.50 142,974.56
Dec-16-03 15 142,974.56 1,438.31 542.11 142,078.36
Jan-16-04 16 142,078.36 1,438.31 538.71 141,178.76
Feb-16-04 17 141,178.76 1,438.31 535.30 140,275.75
Mar-16-04 18 140,275.75 1,438.31 531.88 139,369.32
Apr-16-04 19 139,369.32 1,438.31 528.44 138,459.45
May-16-04 20 138,459.45 1,438.31 524.99 137,546.13
Jun-16-04 21 137,546.13 1,438.31 521.53 136,629.35
Jul-16-04 22 136,629.35 1,438.31 518.05 135,709.09
Aug-16-04 23 135,709.09 1,438.31 514.56 134,785.34
Sep-16-04 24 134,785.34 1,438.31 511.06 133,858.09
Oct-16-04 25 133,858.09 1,438.31 507.55 132,927.33
Nov-16-04 26 132,927.33 1,438.31 504.02 131,993.04
Dec-16-04 27 131,993.04 1,438.31 500.47 131,055.20
Jan-I 6-05 28 131,055.20 1,438.31 496.92 130,113.81
Feb-I 6-05 29 130,113.81 1,438.31 493.35 129,168.85
Mar-16-05 30 129,168.85 1,438.31 489.77 128,220.31
Apr-16-05 31 128,220.31 1,438.31 486.17 127,268.17
May-16-05 32 127,268.17 1,438.31 482.56 126,312.42
Jun-16-05 33 126,312.42 1,438.31 478.93 125,353.04
Jul-16-05 34 125,353.04 1,438.31 475.30 124,390.03
Aug-16-05 35 124,390.03 1,438.31 471.65 123,423.37
Sep-16-05 36 123,423.37 1,438.31 467.98 122,453.04
Oct-16-05 37 122,453.04 122,917.35 464.31 0.00
TOTAL 174,696.51 18,936.51
(5)Does not include any rent payment or other amount then due. zV Initialed:
(Lessee)
Cat Quote Software 8.01 423-981 Page I Caterpillar Financial Services Corporation
DELIVERY SUPPLEMENT
This pertains to the Lease, dated as of 0CTnBFR 16, 20�� .between Caterpillar Financial Services
Corporation as Lessor and WELD COUNTY,COLORADO as Lessee.
This confirms that the Lessee physically received the following Unit on the possession date below. As of the date of
signature of this form,(i)the Unit is in all respects satisfactory to Lessee for leasing under the Lease, and(ii)Lessor has
performed all of its obligations under the Lease.
Description of Unit:
(1) 140H New Caterpillar Motor Grader
2ZK07966
Location: GREELEY,CO
County: WELD
Equipment Located: Inside or Outside City Limits
Possession Date:
WELD COUN%Y),COLO D
Signature _ ,�
tom'
Name(PRINT) Glenn Vaad
Title Chair
Date 11/18/2002
CATERPILLAR FINANCIAL SERVICES CORPORATION("CFSC") Page 1 of 2
CONSTRUCTION EQUIPMENT APPLICATION SURVEY
Customer Name: WELD COUNTY, COLORADO Location: 1111 H STREET,GREELEY,CO 80632
Make: Caterpillar Model: 140H Quantity: 1 Serial Number: 2ZK07966
Monthly Usage: 125 Current Hours: 0 Dealer: WAGNER EQUIPMENT CO. Dealer Location: DENVER, CO
***** IMPORTANT INFORMATION *****
RESIDUAL EXCEPTION REQUESTS must be submitted to the CFSC for the following applications:landfill, transfer and recycling
stations; demolition,scrap yards and steel mills;salt, chemical,and corrosive environments such as feed lots, dairy farms, rendering
plants, mushroom farms, fertilizer and lime handling,salt water areas and all hazardous waste handling;dusty or poor underfoot
conditions;all underground mining applications. Any applications requiring unusual attachments, equipment modifications or have
non-traditional use of the equipment. Any transaction with five or more of one modeL
Please COMPLETE THE ENTIRE SURVEY for all transactions including any of the above applications.
MAJOR ATTACHMENTS (Check all that apply) :
❑ 4 Wheel Drive ❑ Slope Board ❑ Pallet Forks ❑ Landscape Rake ❑ Concrete Crusher
I ❑ Auger ❑ Tiller ❑ Rotator ❑ Metal Shear ❑ Forks '
❑ Cab Riser ❑ Access Platform ❑ Snow Plow Cl Ride Control ❑ Long Reach Stick
❑ Delimber ❑ Block Forks O Top Clamp ❑ Saw Head ❑ Mower
❑ Generator ❑ Cold Planer ❑ Air Conditioner ❑ Solid Tires ❑ Ripper
❑ Lumber Forks ❑ E-Stick ❑ Broom ❑ Trencher ❑ Shear Head
❑ OHT Body Liner ❑ Grapple ❑ Compactor ❑ All Wheel Steer ❑ Special Rims
❑ Rotasaw ❑ Magnet ❑ Feller Buncher ❑ Cab ❑ Winch
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ "PAT"Blade ❑ Side Dump Bucket ❑ Landfill Bucket ❑ Chip Blade ❑ Angle Blade
❑ Bottom Dump Bkt ❑ "SU"Blade ❑ GP Bucket ❑ Coal Blade
❑ Ejector Bucket ❑ Carry Dozer Blade ❑ Slag Bucket ❑ Multi-Purpose Bkt ❑ High Volume Bkt
❑ Landfill Blade ❑ Front Dump Bucket ❑ "U"Blade ❑ Straight Blade ❑ Rock Bucket
Other:
MARKET CATAGORIES (Check All That Apply)
❑ Heavy Construction-Airports,Bridges,Dams,Highways/Road ❑ Quarry -Granite,Limestone,Sand&Gravel
Cl Building Construction-Commercial,Residential,Utilities ❑ Forest Products-Loading,Road Construction,Skidding,Timber Harvesting
❑ Landscape Construction—Commercial,Residential ❑ Forest Products•Mill and Yard Operations
❑ Mining—Metals-Copper,Gold,Iron,Lead,Silver,Underground,Uranium,Zinc ❑ Industrial—Dairy/Mushroom Farm,Demolition,Feed Lot,Fertilizer/Lime Handling,
Landfills,Rendering Plants,Scrap Handling,Steel Mill,Transfer Stations
❑ Mining—Non•Metals•Clay,Coal,Oil Sands,Oil Shale,Peat,Underground ❑ Governmental-Road Maintenance,Snow Removal
❑ Petroleum&Gas•Exploration and Development,Pipelines ❑ Rental Services•Rental Fleets
This application survey is considered to be an integral part of the lease between the Lessor and Lessee. The information obtained from this survey will be of primary importance in the lease payment
schedule. Any change in the location,severity of application,annual hourly usage and/or attachments or configuration must be approved in writing by Caterpillar Financial Services Corporation.
NOTE: APPLICATION SURVEY MUST BE SIGNED BY LESSEE AND AUTHORIZED DEALER REPRESENTATIVE
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE PART OF THIS CONTRACT
For the Lessee: WELD COUNTY,COLORADO Dealer Management Reviewer:
Date: 11/18/2002 Date: 10/16/02
Signature: ..� Signature:
Print Name: Glenn Vaad Print Name: K"C"WARE
Title: Chair Title: FTNANCTAT. SF.RVTCFS MANAGFP
Company: Weld County Board of Commissioners Company: WAGNER EQUIPMENT CO
CFSC Reviewed by: Rrnr.P T_ Rarkpr
County Attorney
MANDATORY CONDITION OF EQUIPMENT UPON RETURN: Page 2 of 2
Not withstanding the provisions of(check appropriate box):
❑ Sections 4 and 9 of the Master Tax Lease ❑ Sections 5 and 12 of the Finance Lease
❑/,8"ections 4 and 9 of the Master Finance Lease ❑ Sections 5 and 13 of the Long-Term Rental Agreement 1
IYJ Sections 4 and 9 of the Governmental Lease-Purchase Agreement
Lessee agrees that each Unit,upon its return, shall:
MAINTENANCE AND GENERAL REQUIREMENTS: • Ensure all window glass is clear, and free from cracks and major pits, all window
• Give the Lessor sixty(60)days notice prior to the Lease termination date of Lessee's frames, doors and weather stripping are complete, and all service access
intention to return any and all units to the Lessor. compartment covers and doors,fenders,and other flat metal or plastic surfaces are in
• Return the units in the same configuration,with all attachments,as when delivered at good working order and free from dents and cracks.
lease inception. Lessee is responsible for costs,including but not limited to,fees, • Ensure all standard Caterpillar and non-Caterpillar safety items are complete and in
taxes and duties associated with tear down,loading,shipping and unloading of units to good working order,including but not limited to,roll over protection(ROPS)and falling
a site designated by the Lessor. object protection(FOPS)systems,seat belts,steps,safety rails,grab irons,cat walks,
• Ensure the units upon return are thoroughly cleaned,steam cleaned if available,and fire suppression systems,waming alarms,cameras and monitors.
free from all oil,hydraulic and fuel leaks. • Ensure all electrical components,including but not limited to,wiring hamess,batteries,
• Operate and maintain all units in accordance with Caterpillar Lubrication and altemators,drive belts,lighting and air conditioning systems are complete and in good
Maintenance and Operators guide books,and insure all maintenance is performed at working order.
recommended intervals and only genuine Caterpillar filters and parts are used for all • Ensure all repairs made to main structures,including but not limited to,main frames,
maintenance and repairs. All units must be in good operating condition and be able roller frames,car bodies,swing gears,drawbars,circles,component housings,loader
to perform all tasks under rated load. arms, booms, sticks, tag links, loader linkages, truck bodies, buckets, rippers, and
• Enroll all units in a Caterpillar dealer Scheduled Oil Sampling(SOS)or comparable arches must be accomplished in accordance with factory recommended materials and
program,where available,for the entire term of the lease,and insure all fuels, repair procedures.
lubricants,additives,and radiator water is clean and complies with Caterpillar
recommended standards. REMAINING LIFE REQUIREMENTS:
• Ensure all units are operated only in the applications for which they were designed and • Ensure all ground engaging tools,including but not limited to,buckets,dozer blades,
manufactured. base cutting edges,rippers,scarifiers,drums,feet,tines,screeds,elevator fights,
• Maintain a working engine hour meter at all times. Keep complete records of all hour forks,and top clamps have good structural integrity and have fifty percent(50%)
meter changes along with major component change outs and routine maintenance and minimum remaining life.
repair records. • Retum all track and rubber belted units with a minimum of fifty percent(50%)
• Ensure all service contracts are fully implemented and all maintenance and repairs are remaining life on each and every component,including but not limited to,track shoes,
made on schedule. Product Improvement Programs(PIP's)must be complete before links,pins,bushings,idlers,bogies,sprockets,carrier rollers,and track rollers. Belts
units are returned. ATTACH A COPY OF ANY AND ALL REPAIR AND can not have any cuts that extend into the cords and must not be missing guide
MAINTENANCE CONTRACTS AND PLANNED COMPONENT REPLACEMENT blocks or grouser bars(lugs). Charges will be assessed for each component not
PROGRAMS. meeting the requirement.
• Provide a secured place to store off-lease units upon request from the Lessor. • Return all rubber tire units with a minimum of fifty percent(50%)remaining life of the
Provide access to the units for purposes of maintenance or demonstration to original tread life of each tire. Recapped tires are not acceptable substitutes. All tires
prospective buyers at Lessors request. must be a matched set with the same tread type and pattern and have no significant
cuts or chunking of the tread or side walls. Skid Steer tires are exempt from this
SPECIFIC TINWARE AND SAFETY REQUIREMENTS: provision.
• Ensure the operators compartment is clean, and all switches, monitoring systems
(EMS,VIMS,VIDS),gages,control levers,pedals,radio,mirrors,seats,insulation and
all other contents are complete and in good working order.
LESSOR RETAINS THE RIGHT TO ASK FOR ANY AND ALL REPAIR AND MAINTENANCE RECORDS DURING THE LEASE TERM
AND/OR LEASE TERMINATION. A FULL MACHINE INSPECTION MAY BE CONDUCTED AT LESSEE'S EXPENSE ANY TIME
EVIDENCE DEMONSTRATES MACHINES ARE BEING ABUSED FROM NEGLECT OR MISAPPLICATION.
REMEDY FOR RETURN CONDITIONS:
Lessee will be invoiced for the parts and labor based on your local Caterpillar dealer's retail prices and retail labor rates to replace tires,undercarriage
components,belts and all other non-conforming components as outlined in the"REMAINING LIFE REQUIREMENTS"section of the Mandatory
Condition of Equipment Upon Return. The invoiced amounts will be based on the following percentages of remaining life and is payable upon receipt of
invoice:
Life Remaining Charge to Lessee
50%or greater No charge to Lessee
31%to 49% 50%charge to Lessee
0% to 30% 7O%charge to Lessee
MAXIMUM USAGE: ,r
The model listed and equipped as stated above will be operated an estimated total of,foS hours per month over a term of �� months for total usage
during the leasing term of e hours. This total usage combined with any accumulated hours prior to the Lease inception date,as stated above under
current hours,will be the total allowable machine hours for the life of the Lease and the basis for any overuse charges.Total Lease Hours•-gy '/—p +Current Hours 0 =Total Allowable Machine Hours 00
OVERUSE CALCULATION:
In addition to the Lessor's other rights hereunder and not in lieu thereof,Lessee shall pay Lessor additional rent for each hour in excess of the
Total Allowable Machine Hours established for the Lease as stated above. This hourly rate shall be$14.88 per hour. Please note: To avoid
overuse charges,notify Cat Financial immediately of any increase in machine usage that will cause the total usage to exceed the "Total
Allowable Machine Hours" as stated above. The Lease contract will be adjusted to reflect the correct hour usage.
EQUIPMENT:
(1)14011 New Caterpillar Motor Grader 2ZK07966
RE: INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY, COLORADO 1111 H STREET P.O. BOX 758 GREELEY, CO 80632 and Caterpillar
Financial Services Corporation ("Caterpillar Financial"), it is required that we be provided with insurance coverage in accordance with that
agreement as indicated below.
Physical Damage Coverage must show that Caterpillar Financial 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 bodily injury and property damage per occurrence. Caterpillar Financial
must be named as additional insured.
Please notify your agent for the proper coverage, and list his name and location below. Our representative will follow up for confirmation of this
coverage.
INSURANCE AGENT: CONTACT PERSON:
ADDRESS: PHONE NUMBER:
IF EQUIPMENT HAS BEEN DELIVERED,WHEN WAS IT DELIVERED?
PROCESSING OF THIS TRANSACTION WILL BE HELD PENDING RECEIPT OF THIS INFORMATION.
PLEASE FORWARD CERTIFICATE TO: Caterpillar Financial Services Corporation,2120 West End Avenue,Nashville,TN 37203
Physical Damage Insurance Selection
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below.
The insurance may be provided through an insurance agent or insurance company of your choice, provided the
insurance company satisfies minimum financial requirements.
As an alternative to obtaining your own insurance,you may elect to have your equipment insured under a master policy
arranged by Caterpillar Insurance Services Corporation that has been designed specifically for the purchasers of
Caterpillar equipment and issued to your Caterpillar Dealer and Caterpillar Financial Services Corporation by
American Zurich Insurance Company.
Model# Equipment Description Value Pymt Method-I Pymt Method-2
Serial# Including Tax Total Premium Finance Pymt
A. 140H Caterpillar Motor Grader $155,760.00 $5,607.36 $166.30
2ZK07966
B.
C.
D.
Option A Arranged by Caterpillar Insurance Services Corporation
I elect to insure my equipment under the Caterpillar master policy. I understand that the total insurance premium for 36
months will be$5,607.36,which is$1,869.12 per year based upon the total equipment value of$155,760.00.
Method 1 I will pay the total premium and return it with the signed equipment documents. Please make check
payable to Caterpillar Insurance Services Corporation, Attn: Insurance Billing, 2120 West End
Avenue,Nashville,TN 37203.
Method 2 I will pay the insurance premium, including finance charges, of$166.30 per scheduled equipment
payment. The finance charge is calculated at 4.55% per annum on the total insurance premium
covering the full term of the finance agreement.
Method 3 I desire coverage for an initial 12—month term. I will pay the$1,869.12 premium and return it with
the signed equipment documents. Please make check payable to Caterpillar Insurance Services
Corporation,Attn: Insurance Billing,2120 West End Avenue,Nashville,TN 37203.
You may terminate this coverage with advance written notice at any time.
Company Name: WELD COUNTY,COLORADO
By:
Print Name:
Title:
Date:
Please note: If you have any questions or need additional details,please contact 1-800-248-4228.
Form No.CISCINSF-0/02 Dealer Code E250 42398110/1720023-10'.29 PMCT
Option B
I elect to obtain my own insurance on the equipment shown on the reverse side from the
following agent and insurance company. I understand that the processing of this
transaction will be held pending receipt and verification of this information.
Customer Name WELD COUNTY, COLORADO
Dealer Name WAGNER EQUIPMENT CO.
Insurance Agent
Agent Address
Agent Phone# ( )
Contact Person
Insurance Policy#
Signed By _
Glenn Van; Chair, Weld County Board of Commissioners (11/18/2002)
Form No.CISCINSF-0/02 Dealer Code E250 02398110/17/20023:10:29 PMCT
CATERPILLAR FINANCIAL SERVICES CORPORATION
WAGNER EQUIPMENT CO.
18000 E. SMITH ROAD
P.O.BOX 17620
DENVER CO 80217-0620
Reference: WELD COUNTY,COLORADO
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
•
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 10/17/2002 LSAP-423981-1
WELD COUNTY,COLORADO
1111 H STREET
P.O.BOX 758
GREELEY,CO 80632
Description Serial I Due Date I Pmt.No. I Amount j
;I) 140H 2ZK07966 Upon Receipt. I SI.438.3I
Caterpillar Motor Grader
Sales and Use Tax $0.00
Document Fee $0.00
Filing Fee $0.00
Stamp Fee $0.00
Other Fees $0.00
RETURN PAYMENT COPY AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED LEASE
DOCUMENTS.
Your check will be cashed by Lessor upon receipt,but that act will not constitute acceptance by Lessor of the
Lease or Schedule. If Lessor accepts and executes the Lease and/or Schedule,the proceeds of this check will be
applied to the specified rental payments. If Lessor does not accept the Lease or Schedule, Lessor will return an
amount equal to this check.
WITHOUT TAX EXEMPTION CERTIFICATE,APPROPRIATE SALES/USE TAX WILL BE CHARGED.
PLEASE PAY THIS AMOUNT $ $1,438.31
Invoice No. Total Enclosed
LSAP-423981-1 $
WELD COUNTY,COLORADO
1111 H STREET
P.O.BOX 758
GREELEY,CO 80632
Remit To: Caterpillar Financial Services Corporation
2120 West End Avenue
Nashville,TN 37203
CUSTOMER INFORMATION VERIFICATION
In our efforts to continue providing timely customer service, we need your assistance confirming the following information. If any information is
incorrect or missing,please note the necessary changes below and return this form with your signed documents. Thank you in advance for your
cooperation.
Current Information on file Please make corrections here
Customer Name: WELD COUNTY,COLORADO
Physical Address: 1111 H STREET,P.O.BOX 758
GREELEY,CO 80632
Mailing Address: P.O.BOX 758
GREELEY,CO 80632
Equipment Location: 1111 H STREET
GREELEY,CO 80632,WELD
Business Phone: (970)356-4000
Fed.ID#or SS#: 846000813
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate: 0
(Please note: Sales Tax
Rate,includes all
applicable State,County,
and City sales tax)
City Limits Asset outside the City Limits?Yes_No_
Tax Exemption Status Please indicate if you are tax exempt.
If you are tax exempt—please enclose a current
tax exemption certificate to be returned with
your documents—Not needed by CFSC if dealer
ISC
Other Information:
,„„„ ,,,.,., ,,,oP„,.
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease ("Amendment") is entered into effective the
day of November, 2002 by and between Weld County, a political agency or subdivision of
the State of Colorado ("Lessee") and Caterpillar Financial Services Corporation, a Delaware
corporation ("Lessor").
Lessor and Lessee entered into certain Governmental Lease dated , 2002 (the
"Lease") for the lease of certain equipment consisting of
(S/N: ).
NOW,THEREFORE, in consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby amend the Lease as follows:
Section 5- LESSEE'S REPRESENTATION AND WARRANTIES: Clause (d) of this
section is hereby deleted in its entirety.
Section 6—TAXES: The following sentence is hereby added to the end of this section:
"This section is meant, primarily, to cover property or other incidental taxes that may be assessed
on the equipment by some local or state governmental entity, which is located in the State of
Colorado. It rarely, if ever, has to be utilized.
Section 8 WAIVER AND INDEMNITY. The words "if allowed by law" are added at
the end of the first and last sentences of this section.
Except as expressly amended herein, all other terms and conditions of the
Lease remain unchanged and the Lease is in full force and effect.
IN WITNESS WHEREOF, the parties have entered into this Amendment effective the
day and year written above.
Lessee: Lessor:
WELD COUNTY CATERPILLAR FINANCIAL
/��� SERVICES CORPORATION
By: ��v BBy:
Print Name: Glenn Vaad Print Name:
Title: Chair (11/18/02) Title:
COVER SHEET
TO: Rick Mav CUSTOMER: Weld County
FROM: MACHINE: Caterpillar 140H
DATE 10/21/02 S/N: 2ZK07966
RETURN TO: Erika Raelin
Attached are the documents indicated below covering the transaction on the above
referenced customer:
Government Lease Purchase Agreement
Lease
Installment Sale Contract (Security Agreement)
Trailer Lease
Please have the original documents signed as soon as possible and return to the Financial
Services Department. The second set of documents is to be retained by the customer,
for his files
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as of 5/11/02 (the"Lease")
Between Caterpillar Financial Services Corporation("Lessor")and
WELD COUNTY,COLORADO("Lessee").
Sir/Madam:
I am an attorney for Lessee, and in that capacity I am familiar with the above-referenced transaction,the Lease, and
all other documents pertaining to the Lease.
Based on my examination of these and such other documents,records and papers and matters of fact and law as I
deemed to be relevant and necessary as the basis for my opinion set forth below,upon which opinion Lessor and any
subsequent assignee of Lessor's interest may rely,it is my opinion that:
1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and
laws of the State of Colorado
and is authorized
uc ed by suchr.Constitution and laws to enter into the transaction contemplated
by the Lease and to carry its obligations
2. The Lease and all other documents contemplated by the Lease have been duly authorized,executed and delivered
by Lessee and constitute valid,legal and binding obligations and agreements of Lessee, enforceable against Lessee in
accordance with their terms.
3. The person or persons who have executed and delivered the Lease, and all other documents contemplated by the
Lease were authorized to do so on behalf of Lessee. eral,4. No further approval,license,consent,authorization or withholding of objections is required
e uLi ederom of zany Feder or state
e
or local governmental authority with respect to the. entering into or performance by
Schedules(s) and the transactions contemplated thereby, and Lessee has sufficient appropriations or other funds
available to pay all amounts due under the Lease for the current fiscal year.
5. The interest payable to Lessor by Lessee under the Lease is exempt from federal income taxation pursuant to
Section 103 of the Internal Revenue Code of 1986,as amended.
6. The entering into and performance of the Lease and all other documents contemplated by the Lease will not conflict with or constit a breach rder,orcontract, applicable to Lessee orresultlin any breach of�or constitute ta default ounder,aor result in thec ond,indenture
of any judnt, creation any
lien, charge, security interest or other encumbrance upon any assets of Lessee or the units leased under the Lease
pursuant to,any indenture,mortgage,deed of trust,bank loan,credit agreement or other instrument to which Lessee is a
party or by which it or its assets may be bound.
7. There is no litigation, action, suit or proceeding pending or, to the best of my knowledge, threatened against or
affecting Lessee in any court or before any governmental commission,board, agency, arbitrator or authority which, if
adversely determined,will have an adverse effect on the ability of Lessee to perform its obligations under the Lease. In
addition,I am not aware of any facts or circumstances which would give rise to any litigation,action,suit or proceeding
relating to or potentially adversely affecting the ability of the Lessee to perform its obligations under the Lease.
,f," t*,.f,,,ftr
•
Attachment to Governmental Lease-Purchase Agreement
Dated as of SEPTEMBER 23, 2002
between
WELD COUNTY,COLORADO("Lessee")
and •
Caterpillar Financial Services Corporation("Lessor")
RENTAL PAYMENT SCHEDULE
Payment Numbers Payment Amounts Due
1 • 36 S 1,438.31
37 - S 0.00
WELD COUNTY,COLORADO Caterpillar Financial Services Corporation
(Lessee) (Lessor)
JL_/�D� F3ill Schowalter//
Signature f Signature r -,
Name(PRINT) Glenn Vaad Name(PRINT) Wa`u P laflagor
Title Chair Title -
Date ' 11/18/2002 Date FlEC 26 2002
•
!add.14110400
y,/INIIddd I I],Y NIT
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) OMB No.1545.0720
(Rev. November 2000) ► See separate Instructions.
Department a we Treasury Caution:If the issue price is under$100,000, use Form 8038-GC.
Internal Revenue Service
Part I Reporting Authority If Amended Return,check here ► G
1 Issuer's name 2 Issuer's employer identification number
COUNTY OF WELD, COLORADO ,
3 Number and street(or P.O. box if mail is not delivered to street address) Room/suite 4 Report number
P.O. BOX 758 3 .
5 City,town, or post office, state, and ZIP code 6 Date of issue
GREELEY, CO 80632 9/11/02
7 Name of issue
8 CUSIP number
9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative
( ) .
Part II Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule ,
11 ❑ Education 1 11 .
12 ❑ Health and hospital 112
13 0 Transportation 1 13
14 0 Public safety 114
15 ❑ Environment(including sewage bonds) 15
16 0 Housing 16
17 0 Utilities 117
18 gl Other. Describe ► 18
19 If obligations are TANS or RANs, check box ► ❑ If obligations are BANs, check box ► ❑
20 If obligations are in the form of a lease or installment sale, check box ► ❑ ,
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
(c)Stated redemption (d)Weighted (e)Yield
(a)Final maturity date (b)Issue price price at maturity average maturity
211 $ 155.760.00 S N/A 9 years [.-fl %
Part IV Uses of Proceeds of Bond Issue ('includina underwriters' discount) N/A
22 Proceeds used for accrued interest 122
23 Issue price of entire issue (enter amount from line 21, column (b)) 123
24 Proceeds used for bond issuance costs (including underwriters'discount) - I
25 Proceeds used for credit enhancement 24
26 Proceeds allocated to reasonably required reserve or replacement fund 126 %/j
27 Proceeds used to currently refund prior issues 127 j
28 Proceeds used to advance refund prior issues 128
29 Total (add lines 24 through 28) 29
30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here). . J 30
Part V Description of Refunded Bonds (Complete this part onitr for refunding bonds.)
N/A years
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . a'
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . ►
years
33 Enter the last date on which the refunded bonds will be called -►
34 Enter the date(s)the refunded bonds were issued ►
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . 135
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 136a
b Enter the final maturity date of the guaranteed investment contract ► /%
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► 0 and enter the name of the
issuer ► . and the date of the issue ►
38 If the issuer has designated the issue under section 265@)(3)(B)(0OIU (small issuer exception), check box . . ; 0
0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► 0
40 If the issuer has identified a hedge, check box
Under penalties of perjury,I declare that I have examined this retum and accompanying schedules and statements,and to the best of my knowledge
and belief,m are true,corr t,and mplete.
Sign
Here ' 11/18/2002' Glenn Vned r1.,4.- .
Signature of representative Date Type or prim name and title
For Paperwork Reduction Act Notice,see page 2 of the Instructions. Cat.No.63773E Form 8038-G (Rev. 11-2000)
O
Hello