HomeMy WebLinkAbout20022684.tiff RESOLUTION
RE: APPROVE FOUR LEASES FOR MOTORGRADERS, WITH AMENDMENTS, AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CATERPILLAR
FINANCIAL SERVICES CORPORATION/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 three Leases for Caterpillars, 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 leases and amendments, and
WHEREAS, the Board has been presented with one Lease for a Caterpillar, 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
Wagner Equipment Company, commencing upon full execution, with further terms and
conditions being as stated in said leases and amendments, and
WHEREAS, after review, the Board deems it advisable to approve said leases and
amendments, 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 three Leases for Caterpillars, 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 of County Commissioners of Weld County,
Colorado, that the Lease for a Caterpillar, 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 Wagner Equipment Company 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.
2002-2684
EG0046
Co; ed, C' ( 1/2)
FOUR LEASES FOR MOTORGRADERS - CATERPILLAR FINANCIAL SERVICES
CORPORATION/WAGNER EQUIPMENT COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD/ OUNTY, COLORADO r`
AZ1/dATTEST�� •
t .ai�
1961 ;.
-' GI �n aad, Chair
Weld County Clerk to th.j:o. r: d` -
�O ° r 4, Davi. .ong, Pro-Te
BY:
Deputy Clerk to the Boar
M. J. Geile ,
APP A$ TO FOR : ✓ :>
��� Willia� Jerke
ourft Attorney
Robert D. Masden
Date of signature: 9
2002-2684
EG0046
COVER SHEET
TO: Rick May CUSTOMER: Weld County
FROM: MACHINE: Caterpillar 140H
DATE 7/19/02 S/N: 2ZK07824
RETURN TO: Power Hughes
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
•
ON —ea WM/ AsCeOg
sAva fiza get M life/ dean
•
2002-2684
DELIVERY SUPPLEMENT
This pertains to the Lease,dated as of 7/1/02 ,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 Caterpillar MOTOR GRADER
2ZK07824
Location: GREELEY,CO •
County: WELD
Equipment Located: Inside or Outside City Limits
Possession Date:
WELD COLOTO
Signature
Name(PRINT) Glenn Vaad
Title Chair
Date 10/02/2002
EQUIPMENT:
(I)140H Caterpillar MOTOR GRADER 2ZK07B24
RE: INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY, COLORADO 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 equipmenes 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 37203.0001
...,.rA...r ..,.,,nV:.,ffcr
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-1 Pymt Method-2
Serial# Including Tax Total Premium Finance Pymt
A.140H Caterpillar MOTOR GRADER 164,924.00 6,102.19 181.66
227(07824
B.
C
D.
Option.; 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$6,102.19,which is$2,034.06 per year based upon the total equipment value of$164,924.00.
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 1 will pay the insurance premium, including finance charges, of$181.66 per scheduled equipment
payment The finance charge is calculated at 4.80% 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$2,034.06 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:
Tide:
Date:
Please note: If you have any questions or need additional details,please contact 1-800-248-4228.
Pony Nu c erneY.4 02 paler Coder a2w A2180O P//I6/200104 27MICr
•
• 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 AGNER EQUIPMENT CO '
LInsur I ,ance Ag t �� • �J L
Agent Address\ 03- I --- 6 07
•
Agent Phone# ( )
Contact Person
Insurance Policy# •
•
Signed By -
Glenn Vaa , air, Weld County Board of Commissioners (10/02/2002)
•
•
•
Firm No.OSCINSF-4/02 Daley Cot F33G A218043 07116x002 G4:GIPMCT
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 Ijodel: 140H Quantity: Serial Number:2ZK07824
Monthly Usage: I0ry Current Hours: if 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 an that apply) :
❑ 4Wheel Drive O Slope Board O Pallet Forki O Landscape Rake O Concrete Crusher
❑ Auger O Tiller O Rotator O Metal Shear O Forks
❑ Cab Riser O Access Platform O Snow Plow O Ride Control O Long Reach Stick
O Delimber O Block Forks O Top Clamp O Saw Head O Mower
O Generator ❑ Cold Planer R9 Air Conditioner O Solid Tires O Ripper
❑ Lumber Forks O E-Stick O Broom O Trencher O Shear Head
❑ OHT Body Liner O Grapple O Compactor O All Wheel Steer O Special Rims
O Rotasaw O Magnet O Feller Bunciter Cab O Winch
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ 'PAT'Blade O Side Dump Bucket ❑ Landfill Bucket O Chip Blade O Angle Blade
❑ Bottom Dump Bkt O 'SU'Blade O GP Bucket O Coal Blade
O Ejector Bucket O Carry Dozer Blade O Slag Bucket O Multi-Purpose Bkt O High Volume Bkt
❑ Landfill Blade O Front Dump Bucket ❑ 'U'Blade O Straight Blade O Rock Bucket
Other:
MARKET CATAGORIES (Check All That Apply)
❑ Heavy Construction•Airports,Bridges,Dams,Highways/Road O Quarry -Granite,Limestone,Sand&Gravel
❑ Building Construction•Commercial,Residential,Utilities O Forest Products•Loading,Road Construction,Skidding,Timber Harvesting
O Landscape Construction-Commercial,Residential O Forest Products•Mill and Yard Operations
O Mining-Metals-Copper,Gold,Iron,Lead,Silver,Underground,Uranium,Zinc O Industrial-Dairy/Mushroom Farm,Denoltion,Feed Lot,FertikzerLime Handling,
,-,! Landfills,Rendering Plants,Scrap Handling,Steel Mill,Transfer Stations
❑ Mining-Non-Metals-Clay,Coal,Oil Sands,Cl Shale,Peat,Underground LYJ Governmental-Road Maintenance,Snow Removal
O Petroleum&Gas-Exploration and Development,Pipelines O 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. My change in the location,severity of application,annual hourty 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: 10/02/200 Date: 7/1/02
Signature: Signature:
Print Name: Glenn Vaud Print Name: K. . WARE
Title: Chair Title: FINANCIAL SERVICES MANAGER
Company: Weld County Board of Commissioners Company: WAGNER EQUIPMENT CO
CFSC Reviewed by. Bruce T. • Barker. Co ey
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
0�y Sections 4 and 9 of the Master Finance Lease 0 Sections S and 13 of the Long-Tenn Rental Agreement
LYJ Sections 4 and 9 of the Governmental Lease-Purchase Agreement
Lessee agrees that each Unit,upon its return,shall:
MANTENANCE AND GENERAL REQUIREMENTS: • Ensure all widow 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 confguration,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 safely terns 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 tie 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,warning alarms,cameras and monitors.
free from all oil,hydraulic and fuel leaks. • Ensure all electrical components.including but not limited to,wiring harness,batteries,
• Operate and maintain all units in accordance with Caterpillar Lubrication and alternators,drive belts,lighting and air conditioning systems are complete and in good
Maintenance and Operators guide books,and insure al maintenance is performed at working order.
recommended intervals and only genuine Caterpillar fitters and parts are used for all • Ensure al 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, diapers, and
• Enroll all units in a Caterpillar dealer Scheduled Oil Sampling(SOS)or comparable arches must be accomplished in accordance wit,factory recommended materials and
program,where available,for the entire term of the lase,and insure all fuels, repair procedures.
lubricants,additives,and radiator water is clean and complies with Caterpillar
recommended standards. REMAINING WE REQUIREMENTS:
• Ensure all units are operated only in the applications for which they were designed and • Ensure all ground engaging tools,induding but not united to,buckets,dozer blades,
manufactured. base cutting edges,rippers,scarltlers,drums,feet,fines,screeds,elevator flights,
• 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 Ne.
repair records. • Return 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(PIN)must be complete before links,pins,bushings,idlers,bogies,sprockets,carrier rollers,and track rollers. Bells
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 horn the Lessor. • Return all rubber lire units with a minimum of fifty percent(50%)remaining life of the
Provide access to the units for pug-lases of maintenance Cr demonstration to original tread life of each tire. Recapped tires are not acceptable substitutes. All tires
prospective buyers at Lessor's request must be a matched set with the same tread type and pattern and have no significant
cuts or chunkdng of the read or side waits. Skid Steer tires are exempt from this
SPECIFIC TINWARE AND SAFETY REQUIREMENTS: provision.
• Ensure the operator's compartment is clean, and at 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% 70%charge to Lessee
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MAXIMUM USAGE: ny�—�-- —
The model listed and equipped as stated above will be operated an estimated total of l2o hours per month over a term of months for total usage
during the leasing term of 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 ` +Current Hours =Total Allowable Machine Hours
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$ 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.
CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
. .. Dated as of Till V (, 7009
LESSEE: WELD COUNTY,COLORADO LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
•A political agency or subdivision of the Stale of COLORADO" lc-001711,0a
ADDRESS: P.O.BOX 758 ADDRESS: 2120 West End Avenue
GREELEY,CO 80632 Nashville,IN 37203-0001
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) Serlalg
(I) 140H Caterpillar MOTORGRADER '221(07824
ACCEPTED,ACKNOWLEDGED
AND CERTIFIED BY CATERPILLAR
•
• FINANCIAL SERVICES CORPORATION
AS THE ORIGINAL.
BY:
T9 'EXE VICE PRESIDENT
Location of Uult(s): 1111 H STREET
GREELEY,CO 80632 WELD
Payment Schedule attached. Lease Term:36 Months Utilization Date:SEPTEMBER 30,2002
PAYMENT PROVISION:
Lessee shall pay to Lessor payments(including the principal and interest potion)in 36 consecutive monthly installments commencing the month after the Delivery Date.
ADDITIONAL PROVISIONS: RIDERS:
TERMS AND CONDITIONS
I. LEASE TERM; NON-APPROPRIATIONS: The Lease term for each Unit shall commence on its"Delivery Dale"(which is the later of the date on which(a)Lessor
executes this Lease,(D)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 Date 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 Lessors 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 Leese shall terminate on
the last day of the fiscal year for which appropriations were received without penally or expense to Lessee,except as to the portions of payments herein agreed upon for
which funds shall have been appropriated and budgeted or are otherwise available. Notwithstanding the foregoing,Lessee agrees that,to the extent pcmtittd by law,it
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 fiscal year in which termination occurs or the next succeeding fiscal year.
2. PAYMENTS;NET LEASE: During the Lease tents,Lessee shall pay to Lessen,at P.O.BOX 100647,PASADENA CA 91189-0647,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 Leese.said amount shall be applied to the first payment due. If Lessor does not execute this Lease,said amount will be returned to Lessee. If
Lessor does not receive a payment on the date it is doe,Lessee shall pay to Lessor.on demand,a late payment charge egos)to the lesser of live percent(5%)of the
payment not paid when due err the highest charge allowed by law,whichever is less. This Lease is a net lease,and Lessee shall not be entitled to any abatement or
reduction of payment or any setotT against payment,whether arising by reason of any past,present or future claims of any nature by Lessee against Lessor or otherwta.
Except as athemise expressly provided herein,the obligations of lessor 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 More 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 IS' 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 nanufacturefs warranties on the.Units(s).
4. POSSESSION,USE AND MAINTENANCE: Lessee shall not(a)use,operate,maintain or store any Unit improperly,carelessly,sensately 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 wrinen 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 tights 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 maintenance records relating
- thereto. Lessee shall,at its expense and at all times during the Lease am.maintain the Units in good operating order,repair and condition and shall perform maintenance
at least as frequently as set fonh 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 to any Unit shall be subject to the
security interest of lessor ranted 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 COUNT COLORADO Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
Bill Schowalter
By l'd. By
leguraittCr
Name(PRINT) Glenn Vaad Name(PRINT) WKRt' eye
Title Chair Title Documentation Manager
Date 10/02/2002 Date NOV 19
5. LESSEE'S REPRFSE,,NTATON AND WARRANTIES: Lein repatnb MA wameb to Lessor that(a)Lnaee is r fully connoted political subdivision or agency doly,wgained end
es bring order the constitution and laws Of the slate when the Veils will Fe located;(b)Lessee has the power into and perform this Late shod has taken all necessary and appropriate a'cti'on
to standee the exeadiae delivery and pert nee hereof Id This Lose constitutes a valid and legally binding and enforceable obligation of Lessee;(d)the tamest payable by lessee hereunder
is excludable tons income foe Federal income lcoalion purposes qu.nanl m Stolen fns of die Inherit Revenue Code of 1966,as amended(the'Code);and fel Lessee has sufficient
algmpnlioe m other fords eseilnble homy all mnunb due hereunder for the corm,fiscal yam and reasonably believes that funds can be obtained sufficient to make all payments during Ibe term
of this Lease. Loa represents tkal the use of the Units ices recItal re tenet's proper,efficient and economic operation. Levee acknowledges and agrees that the payment,have been calculated
by Lessor assuming that the interest portion of each payment is encludabk front from income foe Federal income taxation purposes. Lessen repnnnle wanmb and covenants dot(a)Lessee will
comply with the in mnadon reporting requirements of Section 14915/01 do Code,as the same may be amended from time to lime.and such emrylience shall include hut not he'fantod to the
esecution of infamnlion statements squealed by Lessor;(b)Lessee will not do or cause to be done any act which will can,or by omission of any an allow.Be Lease to be an arbitrage bond
within the meaning of Section taxis)of the Code,(c)Lessee will not du or cane tone done any act which will cause.or by omission or any act allow this Lease to he a private activity bond widely
the meaning Distant this)oldie Code;(d)lessee will timely pay to the extent of available funds,amounts requited to be rebated to the United Slates pursuant to Section He(I)of the Code:(e)
Lessee will not dote cause to be done any act which will cause,or by amnion of any act allow,the interest portion of the payments In he or become intlWble in gross income for Federal fnome
taxation purports under the Code;and(1)Lessee will be the exclusive owner,user and operator of the linits,Lessee shall provide to Lessor an opinion of counsel substantially in the from attached
hereto,
S. TAXES: Lessee epees to pmnpdy pay or reimburse Lessor for eft fees and taxes of any nature.together with any tonality,lines or additions to tea.or intern thereon(all of the foregoing
hereafter the'Inpmiporna),arising al Any time prior to,during or subsequent to the Leas sum and levied by any using authority with respect to or in connection with any Unit,excluding,
however,taxes amortised by Lessen net income(Abut not excluding any net income taxes which,by the len of the slake imposing such tax,expressly relieve Lessee or Lessor from IM1e payment
of my Impositions which lessee would otherwise be obligated an pay en reimburse). If Lessor is nos entitled to a corresponding and equal deduction with respect in any Imposition which Lessee is
required In pay or minium and such payment or reimbursement constitutes non to Lessor,then Lessee shall also pay to Lessor the amoral of any Impositions which Lessor is obligated to pay
in respect of h)swM1ch say wreimbursement byp Lessee and sh.ally payment by less cton.'pursuant to this sentence.va Lem dull snip.
wit and Me, satisfactory to Lana,any
ham or returns a member
my he required with a scons to the Units. For d l this urn Section.'Lend'shall include any affiliated gmtp,within 0e meaning of Section ISM of the Cock.of
which lessor is a member fat any year in which consolidated or combined income lea return is filed for the aBlialed group.
J. LOSS OR DAMAGE:INSURANCE: Lessee names all risks and liabilities of loss,damage or Casualty Oaunence(es hereinafter defined)funny cause whatsoever,for condemnation of
my Unit prior to,during or subsequent to(until the Unit is reined n Lessor unmans to Section 10)the Lease teat and for injury to o death of any pens or dmage to my psrpeny in any
manner ling nut of or incident N dee possession,me,Opefaam Carlini no ltaagn of the Unit. If any Unit becomes damaged,from any cause whatsoever.Lessee shall give Lessor prompt
rain thereof If Leasos m ,ably determines that ale damage is not irreparable,then lease shall,a expense, ,ally cause
restore the Unit is the rendition required by Section 4 above.If any
Unit becomes worn eui lost,stolen, ennn'ed M inepanbly danced Ica eusaubly determined by to Lessor
Bons any a whatsoever,or Liken by condermalicm or otherwise(any such
ton hereafter a'Casaly Occurrence')prior to,during or subsequent b(until the Unit is named to lessor pursuant to Section 10)the Lase tern Lessee shaft give Lessor prompt notice
thennf In the event of a Casualty ensinrence,Lessee shall pay to Lessor,on the artier of(a)the first payment dole following such Casualty Occurrence w(b)thirty(30)days following such
Casualty Occunms,a sun(the Yemnteresn values)equal m(a)the-Beginning Balance"as specified in the waled Payment Schedule)n of the next payment due following such Casualty
Occurrence,plus Oft de amount of she interest ration(as specified in the Paymnt Scredule)of the cal payment due following such Casually Occurrence multiplied times a Inchon the ere of the
of which is the number of days firm the later of(a)the Delivery Mb the or of Unit (b)the due date of the payment immediately preceding Inch Casualty agaeuaeste until the due date of
yeyment due hereunder in moped of such Casualty Occurrence and the denominator of which is 160. Lessee,el its expense.shall keep each Unit insured against all risks for of less than the
applicable sny It Beginning Balance with nips{to such Unit and shall maintain comprehensive public liability insurance covering meet Unit far not less than S Lensee0 for combined coverage fee bendy
injury ltd property amok. All ire a slug(a)be Ina farm and with such companies as tenor shall approve,(M1)specify Lessor(nib designee)and Lessee as maned insureds.(c)be ptmary,
without right of contribution from my ether insurance timed by Lessor,(d)provide that such insurance may not be cancelled Incaa0ered no as lo affect Ne intemnt of Lessor withal el least thirty
(50)days'prim written notice to Lessor.and(e)name Lessor(or its deigns)as In Payee and be payable solely to Lessor. Lessee agrees to notify Lessor of any occurrence which nay become
the basis of an insunnee claim hereunder and not to make any adjustments with lls actions
without Lesson poor written consent lessee hereby irrevocably appoints Lessor ifsanomq+rvfact lo
s receive payment of and endorse all checks and other documents and take any mhee actions necessary to pursue insurance claim. Prior to the first Delivery Date of any Unit,Lessee shall delivery
to Lesser satisfactory evidence of such insurance covenBe.
B. 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 OP
CONTRACT,BREACH OF WARRANTY,PERSONAL INJURY,PROPERTY DAMAGE.STRICT LIABILITY OR NEGI.IOENCE,FOR ANY LOSS,DAMAGE OR INJURY
CAUSED BY OR RELATING TO THE DESIGN,MANUFACTURE,SELECTION,DELIVERY,CONDITION,OPERATION,USE,O WNERSnIIP,MAINTENANCE OR REPAIR
OF ANY UNIT. FURTHER,LESSEE AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES,INCLUDING REASONABLE ATTORNEYS'PEES,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 RE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED RUMNESS OR PROFITS OR ANY SPECIAL,INDIRECT
OR CONSEQUENTIAL DAMAGES.
9. EVENTS OF DEFAULT;REMEDIES: Each of the following shell motion an'Event of DelauIC hereunder(a)Lessee shall fail so nuke any payment to lessor when du;O)any
representation or warranty of lessee contend herein or in any document famished to lessor in convection herewith shall be income,of misleading when rued;le)Lessee shall fail In observe or
pert any other covenant,agreemmene or wananry made by Lessee hereunder and such failure shall continue for ten(10)days after wrilim nonce thereof to Lessee;(d)Lassa shall fail to hake
any payment on its bonded indebtedness when due;w(clause shall be e default by Lessee under any other egatment between Lessor end Lessee. If any Event of Default shall crew,Lesser.at its
°non may(a)pnaceed by appmpri a co ere on(s)to earn thin lease Cl b reenter damages for the breach thereof(h)by no ling to Levee,famine this Lease,but Lessee orris
remain liable as he-titan provided,r w and these upon Lessor may,at in option do soy one or Irene of the following:(b-I)recover fwhwith from Lessee(i)any and all;nouns then due under this
Lease or which may have accrued to the dale of such termination,(ii)as damages for lose of the bargain aid not ao a penalty.I sum equal to the payments des wills 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 re of the breach of any covenant repmm ektior,w w any
contained in this Lease ant than foe the payment of amounts due hereunder,('2)enforce the tensity interest given hereunda,(b-51 without notice,liability or legal nuns,enter upon the
premises where any of the Units oraddinoal sectary maybe and take possession them(aad(W)require Lesser to return the Units and additional security as provided in Sedioo IS Lessor shall
have all rights given to a secured pay by law. Provided Lessor naives possession of the Units and additional security following an Event of Default lesser may.at its option,undertake
commercially minable effort to sell or name the Units and additional security,end the proceeds al any such ale or release shall be applied: first to reimburse Lessor for all reasonable
expenses ofaeeshmg,holding,preparing for sale or en-lease and selling of releasing the Units and additional security,including all taxes and naasnable etomey'fur and expensa;second.lo the
rand not previously paid by Lessee,on pay Leasoe all amounts,except those specified below,wldh under the tens of this Lean we due as have accrued as of the date of Lessees ocelot of said
pmeeeds;third,to pay Allele payment charges pursuant to Section 1 hereof and founts to pay Lessor the applicable Termination Value with respect to-e Units. Any surplus shall be paid to the
person emitted thereto. Lessee shell pn0mpdy pay any deficiency is lesion. Lnaee ackrowledga the tales for ash or on credit to e wholesaler.renter m user or the Units are ell commercially
reasonable. Lessee agrees to pay all nameable an oney's fees and all coo and expenses mewed by Lessor is mfarcing this Lease. The remedies heron provided shall be cumulative and in
addition to all other remedies at law er inequity;provided however,Lessor shall not he entitled to recover a greater ninths In damages than Lessor could have gained through Lessee's full,timely
and complete performance under the lease,plus all fees,costs and expenses incuned by Lessor in enforcing this Lease and all late payment charges pursuant In Section I. If Lessee fails to
perfimm any of its obligations under this Lease,Learn may thee need not)at any time thereafter perform such obligation,and the expenses innmed in connection therewith shell be payable by
Lessee upon demand.
10. RETURN OF UNIT: Upon any termination of the lera of the Lan with respect to each Unit a if Lessor shall rightfully demand possession of soy Unit.Lessee,m its expense,shin
forthwith deliver the Unit to lessor,appropriately prorated and a the condition nailed by Section 4.al the option of Lesson to the premises of the nearest CaMpllar dealer selling equipment of
the same type as the Unit,man board suck earner as Lessor still specify ad shipping the same,freight collect.to the destitution designated by lessor. If the Unit is not in Ihe condition required
by Samoa 4,Leon shall pay to Lessor,on demand all costs and expenses incurred by Lessor to bring the Unit into sold comditio.
IL REPORT TO IRS: Lessee will repots this Lease to the[maul Revenue Service by filing Form 803811,BOSbGC or Bole whichever is applicable. Failure to do so will ester the Lease to
lose its tax amp(status Lessee agrees that if the appropriate form is not filed the interestno will beadjunled to an equivalent Iambic mlaeotnle.
II.TITLE SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Veil on it.delivery dale;(b)the Delivery Date of the Unil is on m prior to the
Credit Utilivton Date noted an the face hereof:and(e)no Event of Default mists as of the Delivery Date of Ilse Unit,title to each Unit shell veal in Lama cm the Delivery Date of the Unit
provided however,that in the event(I)this Lease is terminated pursuant I Seedan I hereof,or(ii)an Even of Defeats hae occurred and it concaving,lice to the Unit shall immediately rens in
Leiser,thee of nay right titleand intem e,o l or Lessen lo ay Lessor ens rthnwke in worn{. Lessee hereby pants la Leas a continuing Iamb Sternm the Units,ionGl g all alnchmenb,
inanities and optional Raines(whether or not installed thereon)and all substitution,rrylstenenb, addition end accession.thereto.and all ptneede of all of the foregoing,inclnding but of
limited to,proceeds in the form of chattel paper to score the payment of alt son dm. Levee will,et its expense,do any further act and exnne,acknowledge.delives,file,register and record any
further&ferrite)),which lessor may msonabk request in edet to protect Lessees security interest is the Units silo Lessor's rights ned benefits under this lease. Lessee hereby appoints Lessor as
1 eaw'x a nsy.in-Fwt les Ne signing and Pline ear such&emmwnb and esuuatm Lemor le deityrre Ibsen limited powers.tense ee bather represent?sea wemnts te Leaear that Lean ic sad
shall nmmm P.O.BOX)55,GREELEY,CU 50612, ("Business Location"),as Lessee will sot change is foam of busmen organisation or Business Location poorest prior wean mace to
tenor.
I',ASSIGNMENT;COUNTERPARTS:Without the piss wring cmml of Lessor,no...liniment of this Lease or any right or obligation hereunder may be wade by Legate on my mince of
Lnaee. Lessor may not assign its sight,file and intent in end to this Leath and the Units and/or grant or assign a amity interest in this Lease and the Units,in whole or in pan Although
multiple conMpn of this document may be signed,ally the continua accepted,acknowledged and certified by Caterpillar Financial Services Doctorates on the sinewy page thereof as the
original will earnNus original chattel paper.
I4, EFFECT OF WAIVER: No delay or omission to exercise any right or remedy saming to Lemon hereunder Shall impair any such tigh or remedy nor shall ft he construed to be a waiver of
any bench cm default of L.Lba. Any Waiver no consent by Lessor ado this Lease nnm be in writing speeifteslly sal forth. This Inane completely stales she rights of lessor and Lessee with
mend to the Units end supersedes all prior agreements with respect then*. Time in of the essence of this Lease. No vitiation or noaficalkn of this Lease shall he valid mien in wrising end
aped by the suthes¢ed repeeneatalira of Lessor and Lessee. An notices hereunder shall be in wiling•addressed to each patty at the address en meth am the ran ofthis Lease or at such other
address as nay be finished in writing. If any provision of this lease shall be'eyelid under any applicable law,such province shin be deemed omitted hotel,.inviting pmvbihno shall he giant
elen.AR obligation of Lessee under this Lease shall survive Ibe expiration a temtinatim of Nis Lase to the eatml requited for their fall observeace and perbmianee.
I5. GENERAL:This Lease Ball he gosemed by ad construed under the laws of the Sale where the Units are haled
EXHIBIT 2 (multiple assets)
Concluding Payment Schedule to
Goverom1 nut! Agreement
ry Dated 111 . UN'
between
•
Caterpillar Financial Services Corporation
and .
WELD,COLORADO,COUNTY OF
Description of Unit:1 Caterpillar 1400 serial number 2ZK07824
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.55000% Payment(1
Jul-01-02 0 64,924.00 0.00 0.00 164,924.00
Aug-01-02 1 64,924.00 1,540.31 - 625.34 164,009.03
Sep-01-02 2 64,009.03 .1,540.31 621.87 163,090.59
Oct-01-02 3 63,09039 1,54031 618.39 162,168.67
Nov-01-02 4 62,168.67 1,540.31 614.89 161,243.25
Dec-01-02 • 5 61,243.25 1,54031 611.38 160,314.32
Jan-01-03 6 60,314.32 1,54031 607.86 159,381.87
Feb-01-03 7 59381.87 1,540.31 60432 158445.88
Mar-01-03 8 58,445.88 1,540.31 600.77 157,506.34
Apr-01-03 9 57,506.34 1,540.31 597.21 156,56314
May-01-03 10 56,563.24 1,540.31 593.64 155,616.57
Jun-01-03 I I 55,616.57 1,540.31 590.05 154,666.31
Jul-01-03 12 54,666.31 1,540.31 586.44 153,712.44
Aug-01-03 13 53,712.44 1,540.31 582.83 152,754.96
Scp01-03 14 52,754.96 1,540.31 579.20 151,793.85
Oct-01-03 IS ' 51,793.85 1,540.31 575.55 150,829.09
Nov-01-03 16 50,829.09 1,540.31 571.89 149,860.67
Dec-01-03 I7 49,860.67 1,540.31 568.22 148,888.58
Jan-01-04 18 48,888.58 1,540.31 564.54 147,912.81
Feb-01-04 • 19 47,912.81 1,540.31 560.84 146,933.34
Mar-01-04 20 46,933.34 1,540.31 557.12 145,950.15
Apr-01-04 21 45,950.15 1,540.31 553.39 144,963.23
May-01.04 22 44,963.23 1,540.31 • 549.65 143,972.57
Jun-01-04 23 43,972.57 1,540.31 545.90 142,978.16
Jul-01-04 24 42,978.16 1,540.31 542.13 141,979.98
Aug-01-04 25 41,979.98 1,540.31 531134 140,978.01
Sep-0I-04 26 40978.01 1,540.31 534.54 139,972.24
Oct-01-04 27 39,972.24 1,540.31 530.73 138,962.66
Nov-01-04 28 38,962.66 1,540.31 526.90 137,949.25
Dec-O1-04 29 37,949.25 1,540.31 523.06 136,932.00
Jan-01-05 30 36,932.00 1,540.31 519.20 135,910.89
Feb-01-05 31 35,910.89 1,540.31 515.33 134,885.91
Mar-01-05 32 34,885.91 1,540.31 511.44 133,857.04
Apr-01-05 33 33,857.04 1,540.31 507.54 132,824.27
May-01-05 34 32,824.27 1,540.31 503.63 131,787.59
Jun-01-05 35 31,787.59 1,540.31 499.69 130,746.97
Jul-01-05 36 30,746.97 1,540.31 495.75 129,702.41
Aug-01-05 37 29,702.41 130,194.18 491.77 0.00
TOTAL 185,645.34 20,721.34
(a)Does not include any rent payment or other amount then due. /)/J '
Initialed:
- (Lessee)
•
Cat Quote Software 8.01 124-051 Page 1 Caterpillar Financial Services Corporation
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as of 7/1/02 (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 by such Constitution and laws to enter into the transaction
contemplated by the Lease and to carry out its obligations thereunder.
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.
4. No further approval,license,consent,authorization or withholding of objections is required from any federal,state
or local governmental authority with respect to the entering into or performance by Lessee of the Lease or the
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 constitute a breach or violation of any judgment,consent decree,order,law,regulation,bond,indenture
or contract,applicable to Lessee or result in any breach of,or constitute a default under,or result in the creation of 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.
8. The units leased under the Lease arc personal property and, when subject to use by Lessee, will not be or become
fixtures under the laws of the State of COLORADO.
9. The authorization,approval and execution of the Lease,the Schedule(s)and all other documents contemplated by
the Lease and all other proceedings of the Lessee related to the transactions therein and contemplated thereby have been
performed in accordance with all open meeting laws,public bidding laws,and all other applicable laws of the State of
COLORADO.
10. The Lessor will have a perfected security interest in the Units upon filing with the Secretary of State for the State
of COLORADO and/or the of at the time of acceptance of the
Units of an executed UCC-I or other financing statement.
Yours sincerely,,_.-
Signature: ` C'%
Name(P ): Bruce T. Barker
Tide: County Attorney
Date: 10/02/2002
Address: 915 10th Street
Greeley. CO 80631
Telephone: (970)356-4000 x4391
Pm.MMa...m ,w. I m..,,»c.
Fxm 8038-G Information Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) OMB No. 1545.0)20
(Rev. November 2000) ► See separate Instructions.
Department or the Reasuy Caution:If the issue price is under$100000, use Form 8038-GC.
Interne,Re^vunee service
Part I Reporting Authority If Amended Return, check here I. ❑
1 Issuer's name 2 Issuer's employer identification number
WELD COUNTY, 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 JULY 1. 2002
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 er legal representative
I )
Part II Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
11 ❑ Education 11
12 ❑ Health and hospital 12
13 ❑ Transportation 13
14 0 Public safety 14
15 ❑ Environment(including sewage bonds) 15
16 ❑ Housing 16
17 ❑ Utilities 17
18 E Other. Describe I. 18
19 If obligations are TANS or RANs, check box II. If obligations are BANs, check box II. ❑ % fi %
20 If obligations are in the form of a lease or installment sale, check box I. 0
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
la)Final maturity date N)Issue price (c)staled redemption Weighted (e)Yield
prte at maturity aveve rage maturity
21 $ 164,924.00 8 N/A 3 years 4.55 %
Part IV Uses of Proceeds of Bond Issue (including underwriters' discount)
22 Proceeds used for accrued interest 22 N/A
23 Issue price of entire issue (enter amount from line 21, column{b)) 23
24 Proceeds used for bond issuance costs(including underwriters'discount) . 24
25 Proceeds used for credit enhancement 25
26 Proceeds allocated to reasonably required reserve or replacement fund . 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28 j
29 Total(add lines 24 through 28) 29
30 Nonrefundinq proceeds of the issue(subtract line 29 from line 23 and enter amount here). 30
Part V Description of Refunded Bonds (Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . I. N/A years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . I. years
33 Enter the last date on which the refunded bonds will be called I.
34 Enter the date(s)the refunded bonds were issued I.
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 1410)(5) . . . 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 36a
b Enter the final maturity date of the guaranteed investment contract ► WA
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 I. and the date of the issue ►
38 If the issuer has designated the issue under section 265(b)(3)(B)(Q(III)(small issuer exception),check box . . . I. 0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box I. 0
40 If the issuer has identified a hedge, check box ► ❑
under penalties of perjury.//////declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
and belief,t are true, rrec and complete.
Sign
/
Here 10/02/02 Glenn Vaad, Chair Signature of ks red representative Date 'Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. car No 637735 corm 8038-G (Rev. 11.2000)
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: 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#:
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate:
(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:
,..riCU 34. ,vl.u.vwr.u�mcr
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease("Amendment") is entered into
effective the day of October,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 'lb I n V ,
2002 (the "Lease") for the lease of certain equipment consisting of
(S/N: 2 ZKo'8zy)•
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: 40.4102iR By:
Print Name: Glenn Vaad Print Name: Bill Schowalter
Title: Chair (10/02/2002) Title: g,g94 .u. .
Documentation Manager
Caterpillar Financial Services Corporation
INVOICE
Ngyg :Lharesum
1 7/23/02 92604-1
WELD COUNTY
PO BOX 758
GREELEY, CO 80632
11)WilPtietlsn ran a ;,a.' ys`!''SA,'. ri '.:a,F}'? i4t.i` "i`s kl tl s;! r(l;.e.65,u ui l r il31R'.D+k1Sk. a!!ai*Oifttit$44'3,.Am48. ,T,*1
(1) 140H 02ZK07824 Upon Receipt. 1 51.540.31.
Caterpillar Motor Grader
EXEMPT
Sales and Use Tax
Document Fee 50.00
Filing Fee 50.00
Stamp Fee $0.00
Other Fees S0.00
Payment Due: 8101/02
RETURN PAYMENT COPY AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED
DOCUMENTS.
Your check wilt 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.
WfTHOITf TAX EXEMPTION CERTIFICATE.APPROPRIATE SALES/USE TAX WILL BE CHARGED.
PJ.FASE PAY THIS AMOUNT $ #VALUE!
•
WELD COUNTY -
PO BOX 758 92604-1 - $
GREELEY, CO 80632
Make Checks Payable To: Caterpillar Financial Services Corporation
Remit To: Wagner Equipment Co
Attn: Power Hughes
18000 Smith Road
Aurora,CO 80011
BRUCE Barker Cattease Page 1 .
From: BRUCE Barker
To: Hanes,CLAUD; Warden, DON
Subject: Cat Lease
I see three problems. First, Section 5 of the lease and the letter they want me to sign states: "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." I have no clue whether this correct or not.
Second, Section 6 has the County paying any taxes incurred by the Lessor, except for net income. The
concern there is that we don't know what taxes the Lessor might be subject to with respect to the"Unit? t
doubt there is much,if any, but we don't know for certain. Finally,Section 8 requires the County to
indemnify. As I recall that lease from Fort Collins,we objected to indemnifying and they then asked us to
add them as"additional named insured,"which we did. We probably ought to do the same here.
Otherwise,the lease looks OK. Bruce.
COVER SHEET
TO: RICK MAY CUSTOMER WELD COUNTY
FROM: ARLENE/FINANCIAL SERVICES MACHINE:CATERPLLAR 140H MOTOR GRDER
DATE: S/N: 027107878
RETURN TO: POWER/FINANCIAL SERVICES DEPARTMENT
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
Transfer And Assumption Agreement
Promissory Note
Term Extension Agreement
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.
AN INSURANCE FORM MUST BE COMPLETED AND SIGNED
• . DELIVERY SUPPLEMENT
Lease Number: 928991
This pertains to the Lease, dated as of August 06, 2002, 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.
Description of Unit(s) Serial# Location
CATERPILLAR 140H MOTOR GRADER 02ZK07878 GREELEY,COLORADO
WELD COUNTY 4GG/
4
Possession date: August 6,2002 Name(Print) Glenn Vaad
Title: Chair
Date: 10/02/2002
WECO—Governmental Leaae.Purchase Agreement version 1.104/16/2001
INSURANCE COVERAGE FOR LEASED EQUIPMENT
Lease Number:928991
Dated as of:August 6,2002
EQUIPMENT: Serial#
CATERPILLAR 140H MOTOR GRADER 021K07878
Total value to be insured: $164,924.00
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: ,az€0
Glenn Vaad, air, eld County Board of Commissioners (10/02/2002)
IF EQUIPMENT HAS BEEN DELIVERED WHEN WAS IT DELIVERED? AUGUST 6,2002
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-Governmental Lease-Purchase Agreement Version I.104/16/2001
•
SELF-INSURANCE FOR PUBLIC LIABILITY RISKS RIDER
To Governmental Lease-Purchase Agreement Lease Number:92899i
Dated as of August 6,2002
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 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: .ilt d
Name(PRINT): Glenn Vaad
Title: Chair
Date: 10/02/2002
•
WECO—Covenantal Lease-PRM1ue Agreement Version I 041162001
SELF-INSURANCE CERTIFICATE
Lease Number:92899p
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 August 6, 2002 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: Idat.l / eg
Name(PRINT): Glenn Vaad
Title: Chair
Date: 10/02/2002
weal—Govemmaital Lase-Purchase Agreement Venion 1.100/16'3001
WAGNER EQUIPMENT CO. GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Lease Number:928991
Dated as of August 6,2002
LESSEE: WELD COUNTY LESSOR: WAGNER EQUIPMENT CO.
"A political agency or subdivision of the State of COLORADO"
ADDRESS: PO BOX 758 ADDRESS: 18000 SMITH ROAD
GREELEY,COLORADO 80632 AURORA,COLORADO 80011-3511
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#
CATERPILLAR 140H MOTOR GRADER 02ZK07878
Location of Unit(s):
GREELEY,COLORADO
Payment Schedule attached. Lease Term:thirty-six(36)
PAYMENT PROVISION:Thirty-six(36)equal consecutive monthly payments of$1,540.31 commencing September 06,2002. If the Lessee elects to purchase this
equipment,the Purchase Option of$129,949.72 will be due September 06,2005.
ADDITIONAL PROVISIONS: RIDERS:
NONE NONE
TERMS AND CONDITIONS
1. LEASE TERM; NON-APPROPRIATIONS:The Lease term for each Unit shall commence on the date Lessee or its agent receives possession or takes control of the
Unit, herein referred to as the Delivery Date, 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. 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 are otherwise
available.Notwithstanding the foregoing,Lessee agrees that,to the extent permitted by law,it 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 fiscal year in which
termination occurs or the next succeeding fiscal year.
2.PAYMENTS;NET LEASE:During the Lease term,Lessee shall pay to Lessor 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 returned 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.This 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 Lessor and Lessee shall not be
affected by any 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 IS" 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 manufacturer's 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 maintenance 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 parts,accessories and equipment affixed to 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 CQUNTY Lessor: WAGNER M T CO.
By kre-eile/1 By
Name(PRINT) Glenn Vaad Name(PRINT) K.C. are
Title Chair Title _Financial Services Manager
Date 10/02/2002 Date August 06,2002
WECO—Governmental Lease-Purchase Agreement version I 04/16/2001
•
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 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 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 I49(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 infomation 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 Comm 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 reimbursenent 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 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 cause whatsoever,Lessee shall give Lessor prompt notice thereof.If Lessor
reasonably determines that such damage is not repairable,then Lessee shall,at its expense,promptly restore the Unit to the condition required by Section 4 above.If any Unit becomes worn 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 retuned t0 Lessor pursuant to Section 10)the Lease tens,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(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 the
interest portion(as specified in the Parma_t Schedule)of the next payment due following such Casualty Occurrence multiplied by 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 form
and with such companies as Lessor shall approve,(b)specify Lessor(or its designee)and Lessee as named insured's,(c)be primary,without right of contribution 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 Lessees prior written consent.Lessee hereby irrevocably appoints Lessor its attorney-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 perform 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,temninate 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 w here 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 tights 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 temts of this Lease are due or have accrued as of the date of Lessor's 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 perform 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 same,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.
I1.REPORT TO IRS:Lessee will report this Lease to the Internal Revenue Service by filing Form 8038-O,8038-GC or 8038 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)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 I hereof,or(ti)an Event of Default has
occurred and is continuing,title to the Unit shall immediately revert 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,to secure the payment of all suns 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 security interest in the Units and Lessor's rights and benefits under this Lease.Lessee hereby appoints Lessor as Lessee's
Attontey-in-Fact for the signing and filing of such documents and authorizes Lessor to delegate these limited powers.
13.ASSIGNMENT;COUNTERPARTS:The rights of Lessor under this Lease may be assigned by Lessor at any time. If notified by Lessor,Lessee shall make all payments due under this Lease to
the party designated in the notice,without offset or deduction. No assignment of this Lease or any right or obligation under it may be made by Lessee without the prior written 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 partnership or trust and shall also include,for purposes of Sections 3,4,6,7&8,each partner in or beneficiary of the partnership or trust. Although multiple counterparts of this
document may be signed,only the cosmlempail accepted,acknowledged and certified by Wagner Equirrm:nt:u.s.^.the sigentore page thereof s the original wihl conttimte 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 nest 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 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
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 be governed by and construed under the laws of the State where the Units are located.
WECO—Governmental Lease-Purchase Agreement Version 1.1 04/1612001
Attachment to Governmental Lease—Purchase Agreement Lease Number: 92899
Dated as of August 6,2002
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
09/06/02 1 $1,540.31 03/06/05 31 $1,540.31
10/06/02 2 $1,540.31 04/06/05 32 $1,540.31
11/06/02 3 $1,540.31 05/06/05 33 $1,540.31
12/06/02 4 $1,540.31 06/06/05 34 $1,540.31
01/06/03 5 $1,540.31 07/06/05 35 $1,540.31
02/06/03 6 $1,540.31 08/06/05 36 $1,540.31
03/06/03 7 $1,540.31 09/06/05 37 $129,949.72
04/06/03 8 $1,540.31 38
05/06/03 9 $1,540.31 39
06/06/03 10 $1,540.31 40
07/06/03 11 $1,540.31 41 _
08/06/03 12 $1,540.31 42
09/06/03 13 $1,540.31 43
10/06/03 14 $1,540.31 44
11/06/03 15 $1,540.31 45
12/06/03 16 $1,540.31 46
01/06/04 17 $1,540.31 47
02/06/04 18 $1,540.31 48
03/06/04 19 $1,540.31 49
04/06/04 20 $1,540.31 50
05/06/04 21 $1,540.31 51
06/06/04 22 $1,540.31 52
07/06/04 23 $1,540.31 53
08/06/04 24 $1,540.31 54
09/06/04 25 $1,540.31 55
10/06/04 26 $1,540.31 56
11/06/04 27 $1,540.31 57
12/06/04 28 $1,540.31 58
01/06/05 29 $1,540.31 59
02/06/05 30 $1,540.31 60
Total Payments= $185,400.88
WELD COUNTY / WAGNER EQUIPMENT CO
(Lessee) (Lessor)
Signature r Signature illt
Name(Print) Glenn Vaad Name(Print) K.C.Ware
Title Chair Title Financial Services Manager
Date 10/02/2002 Date April 06,2002
WECO—Goremmental Lease-Purchase Agrmrcnt Vmion 1.1 04/16/2001
•
NON-APPROPRIATIONS ADDENDUM
to
FINANCIAL LEASE AGREEMENT
Lease Number: 92899
between -
WAGNER EQUIPMENT CO.
and
WELD COUNTY -
DATED AS OF AUGUST 6,2002
Lessor and Lessee hereby agree to add the following provision to the Lease, and further acknowledge that all terms 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 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 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 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 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 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 WAGNER EQUIPMENT CO
By ' L By
Name(PRINT) Glenn Vaad Name(PRINT) K.C. Ware
Title Chair Title Financial Services Manager
Date 10/02/2002 Date August 06, 2002
WECO-Govanmmtal Leese-Purchase Agreement Version 1.1 04/1612001
LPS11 . Wagner Equipment Company 13: 03 08/13/02 page 1
PAYMENT SCHEDULE REPORT
LOAN NUMBER: 92899 LOAN DATE : 08-06-2002
POOL NUMBER: WMNT START DATE : 09-06-2002
BORROWER ID: 94756 ,-._ �,/J END DATE : 09-06-2005
WELD COUNTY (( (L) i( TERM OF LOAN : 37
PO BOX 758 uuu LOAN AMOUNT : 164,924.00
PRNCPL BALNC: 164,924.00
INT RATE : FIXED @ 4.500%
GREELEY, CO 80632 INTRST TYPE : 5F
LOAN TYPE : Installment
DUE BEGINNING PAYMENT INTEREST PRINCIPAL REMAINING
DATE BALANCE AMOUNT AMOUNT AMOUNT BALANCE
09-06-2002 01 164,924.00 1,540.31 630.33 909.98 164,014.02
10-06-2002 02 164,014.02 1,540.31 606.63 933.68 163,080.34
11-06-2002 03 163,080.34 1,540.31 623.28 917.03 162,163.31
12-06-2002 04 162,163.31 1,540.31 599.78 940.53 161,222.78
2002 Total: 6,161.24 2,460.02 3,701.22
01-06-2003 05 161,222.78 1,540.31 616.18 924.13 160,298.65
02-06-2003 06 160,298.65 1,540.31 612.65 927.66 159,370.99
03-06-2003 07 159,370.99 1,540.31 550.16 990.15 158,380.84
04-06-2003 08 158,380.84 1,540.31 605.32 934.99 157,445.85
05-06-2003 09 157,445.85 1,540.31 582.33 957.98 156,487.87
06-06-2003 10 156,487.87 1,540.31 598.08 942.23 155,545.64
07-06-2003 11 155,545.64 1,540.31 575.31 965.00 154,580.64
08-06-2003 12 154,580.64 1,540.31 590.79 949.52 153,631.12
09-06-2003 13 153,631.12 1,540.31 587.16 953.15 152,677.97
10-06-2003 14 152,677.97 1,540.31 564.70 975.61 151,702.36
11-06-2003 15 151,702.36 1,540.31 579.79 960.52 150,741.84
12-06-2003 16 150,741.84 1,540.31 557.54 982.77 149,759.07
2003 Total: 18,483.72 7,020.01 11,463.71
01-06-2004 17 149,759.07 1,540.31 572.37 967.94 148,791.13
02-06-2004 18 148,791.13 1,540.31 568.67 971.64 147,819.49
03-06-2004 19 147,819.49 1,540.31 528.50 1,011.81 146,807.68
04-06-2004 20 146,807.68 1,540.31 561.09 979.22 145,828.46
05-06-2004 21 145,828.46 1,540.31 539.37 1,000.94 144,827.52
06-06-2004 22 144,827.52 1,540.31 553.52 986.79 143,840.73
LPS11 . ' Wagner Equipment Company 13: 03 08/13/02 page 2
PAYMENT SCHEDULE REPORT
LOAN NUMBER: 92899 LOAN DATE : 08-06-2002
POOL NUMBER: WMNT -. START DATE : 09-06-2002
BORROWER ID: 94756 i fl /J�1Il 16)�, END DATE : 09-06-2005
WELD COUNTY =`'-' "s' f - TERM OF LOAN : 37
LOAN AMOUNT : 164,924.00
DUE BEGINNING PAYMENT INTEREST PRINCIPAL REMAINING
DATE BALANCE AMOUNT AMOUNT AMOUNT BALANCE
07-06-2004 23 143,840.73 1,540.31 532.01 1,008.30 142,832.43
08-06-2004 24 142,832.43 1,540.31 545.89 994.42 141,838.01
09-06-2004 25 141,838.01 1,540.31 542.09 998.22 140,839.79
10-06-2004 26 140,839.79 1,540.31 520.91 1,019.40 139,820.39
11-06-2004 27 139,820.39 1,540.31 534.38 1,005.93 138,814.46
12-06-2004 28 138,814.46 1,540.31 513.42 1,026.89 137,787.57
2004 Total: 18,483.72 6,512.22 11,971.50
01-06-2005 29 137,787.57 1,540.31 526.61 1,013.70 136,773.87
02-06-2005 30 136,773.87 1,540.31 522.74 1,017.57 135,756.30
03-06-2005 31 135,756.30 1,540.31 468.64 1,071.67 134,684.63
04-06-2005 32 134,684.63 1,540.31 514.76 1,025.55 133,659.08
05-06-2005 33 133,659.08 1,540.31 494.36 1,045.95 132,613.13
06-06-2005 34 132,613.13 1,540.31 506.84 1,033.47 131,579.66
07-06-2005 35 131,579.66 1,540.31 486.66 1,053.65 130,526.01
08-06-2005 36 130,526.01 1,540.31 498.86 1,041.45 129,484.56
09-06-2005 37 129,484.56 129,949.72 465.16 129,484.56 .00
2005 Total: 142,272.20 4,484.63 137,787.57
Loan Total: 185,400.88 20,476.88 164,924.00
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease("Amendment")is entered into effective the
day of September, 2002 by and between Weld County, a political agency or subdivision
of the State of Colorado ("Lessee") and Wagner Equipment Co., 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 WAGNER EQUIPMENT CO.
By: By:
Print Name: Glenn Vaad Print Name:
Title: Chair(10/02/021 Title:
COVER SHEET
TO: Rick May CUSTOMER: Weld County
FROM: MACHINE: Caterpillar 140H
DATE 9/12/02 S/N: 02ZK07879
RETURN TO: Power Hughes
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
aea.2-4:2 8Y
DELIVERY SUPPLEMENT
This pertains to the Lease,dated as of pjCUCT 6 2n02 ,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
2ZK07879
Location: GREELEY,CO
County: WELD
Equipment Located: Inside or Outside_City Limits
Possession Date:
WELD CO COLD
ZR
Signature , iq
Name(PRINT) Glenn Vaad
Title Chair
Date 10/02/2002
NL411MN U0bMwvCf
EQUIPMENT:
(1)14011 New Caterpillar Motor Grader ?ZK07879
RE: INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY, COLORADO 933 N 11TH AVE 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 equipmenfs 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 it Including Tax Total Premium Finance Pymt
A. 1401-1 Caterpillar Motor Grader $155,760.00 55,763.12 5171.44
2ZK07879
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 37
months will be$5,763.12,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$171.44 per scheduled equipment
payment. The finance charge is calculated at 4.50% 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$1,869.12 premium and return it with
the signed equipment documents. Please make check payable to Caterpillar Insurance Services
Corporation,Attn: Insurance Billing,2120 West End Avenue,Nashville,TN 37203.
You may terminate this coverage with advance written notice at any time.
Company Name: WELD COUNTY,COLORADO
By:
Print Name:
Tide:
Date:
Please note: If you have any questions or need additional details,please contact 1-80(1-2484228.
Fr No.CISCINS$.4102 Dealer Cade 8250 4o945609/12/2002102926AMCr
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 ,k�.(;U.(L� I/ '/'Q/�)
Glenn Vaad, Chai3^-1V2Zd County Board of Commissioners
(10/02/2002)
Fonn No.CISCINSF-1/02 Dealer Code E230 60945109/12/2002 162926 AMCT
CATERPILLAR FINANCIAL SERVICES CORPORATION("CFSC") Page 1 of 2
CONSTRUCTION EQUIPMENT APPLICATION SURVEY
Customer Name: WELD COUNTY,COLORADO Location: 1111 H STREET,GREELEY,CO 80631
Make: Caterpillar Model: 140H Quantity: 1 Serial Number: 2ZK07879
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 O Pallet Forks O Landscape Rake O Concrete Crusher
❑ Auger ❑ Tiller ❑ Rotator O Metal Shear ❑ Forks
❑ Cab Riser ❑ Access Platform ❑ Snow Plow j ❑ Ride Control O Long Ready Stick
El Dehmber ❑ Block Forks ❑ Top Clamp O Saw Head ❑ Mower
❑ Generator O Cold Planer ❑ Air Conditioner O Solid Tires ❑ Ripper
❑ Lumber Forks El ESlick ❑ Broom O Trencher ❑ Shear Head
❑ 0HT Body Liner El Grapple O Compactor ❑ All Wheel Steer ❑ Special Rims
❑ Rotasaw O Magnet El Feller Buncher ❑ Cab ❑ Winch
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ -PAT'Blade El Side Dump Bucket O Landfill Bucket ❑ Chip Blade O Angle Blade
❑ Bolan Dump Bkt ❑ SIT Blade El GP Bucket El Coal Blade
❑ Ejector Bucket O Carry Dozer Blade ❑ Slag Bucket _ ❑ Multi-Purpose Bit El High Volume Bkt
El Landfill Blade El Front Dump Bucket El 'U'Blade ❑ Straight Blade ❑ Rock Bucket
Other:
MARKET CATAGORIES (Check All That Apply)
li ❑ Heavy Construction•Airports,Bridges,Dams,Highways/Road O Quarry •Granite,Limestone,Sand&Gravel
El Building Construction-Commercial.Residential,Utikties ❑ Forest Products•Loading,Road Construction Skidding,Timber Harvesting
El Landscape Construction—Commercial,Residential El Foist Products•Mill and Yard Operations
❑ Mining—Metals•Copper,Gold,Iron,Lead,Silver,Underground,Uranium,Zinc El Industrial—Dairy/Mushroom Farm,Demolition,Feed Lot,FenilizerLime Handling,
,--,f Landfills,Rendering Plants,Scrap Handling,Steel Milt Transfer Stations
❑ Mining-Non-Metals-Clay,Coat,Oil Sands,Oil Shale,Peat Underground L!1 Governmental•Road Mantenance,Snow Removal
❑ Petroleum&Gas•Exploration and Devebpment Pipelines El 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: 1010L/20� heR Date: 8/6/02
Signature: epv,2jSignature:
Print Name: Glenn Vaad Print Name: K-C.WARE
Title: Chair Title:FINANCIAL SERVICES MANAGER
Company: Weld County Board of Commissioners Company: WAGNER E/)i1TPMRNT f.O
CFSC Reviewed by: Bruce T. Barker. 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
❑ Sections 4 and 9 of the Master Finance Lease O Sections 5 and 13 of the Long-Term Rental Agreement
L•t/ 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 's dear, and free from cracks and major pits, all window
• Give the Lessor s'ety(60)days notice prior to the Lease termination date of Lessees frames, doors and weather stripping are complete, and all service access
intention to return any and at units to the Lessor. compartment covers and doors,fenders,and other flat metal or plasfic 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 cads.
lease inception. Lessee is responsible for costs,including but not limited to,fees, • Ensure all standard Caterpillar and nan.caterpllar safety items are complete and in
taxes and duties associated with tear down,loading,shipping and unbading of units to good working oder,including but not lilted to,roll over protection(ROPS)and failing
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 tire suppression systems,waning alarms,cameras and monitors.
free from all oil,hydraulic and fuel leaks. • Ensure all electrical components,including but not limited to,wiring harness,batteries,
• Operate and maintain all units in accordance with Caterpilar Lubrication and alternators,drive belts,lighting and air conditioning systems are complete and n good
Maintenance and Operators guide books,and insure all maintenance is performed at working order.
recommended intervals and only genuine Caterpillar fitters 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 enlhe term of the lease,and insure all fuels, repair procedures.
lubricants,additives,and radiator water is clean and complies with Caterpillar REMAINING LIFE REQUIREMENTS:
recommended standards.
• Ensure all units are operated only in the applications forwhidi 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,lines,screeds,elevator flights,
• 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 fife
repair records. • Return 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,
mace on schedule. Product Improvement Programs(PIP's)must be complete before links,pins,bushings,idlers,bogies,sprockets,harrier 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 ofl.lease units upon request from the Lessor. • Return al rubber tire units with a minimum of tifry 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 Lessor's 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 fires are exempt from this
SPECIFIC TINWARE AND SAFETY REQUIREMENTS: provision.
• Ensure the operator's compartment is clean, and all switches, monitoring systems
(EMS,VIMS,YIDS),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% 70%charge to Lessee
MAXIMUM USAGE:` nor
The model listed and equipyexd�aqs stated above will be operated an estimated total of_Lbi flours per month over a term of �/ months for total usage
during the leasing term of4N 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 hou
rrs for the life of the Lease and the basis for any overuse charges. VIM�{,r,�
Total Lease Hours YWI] +Current Hours / =Total Allowable Machine Hours
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.
CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Dated as of AUGHCT 6, 21102
LESSEE: WELD COUNTY,COLORADO LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
"A political agency or subdivision of the State of Colorado"
ADDRESS: 933 N I ITH AVE ADDRESS: 2120 West End Avenue
PO.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,(ease,let and sell the Units to Lessee,and Lessee agrees to
rent,lease,hire and purchase the Units from Lessor.
Description of Un1t(s) Serial8
(I)New 14011 Caterpillar Motor Grader ZZK07879
Location of trellis): I l l l H STREET
GREELEY.CO 80631,WELD
Payment Schedule attached. Lease Term:37 Months Utilization Date:October 27,2002
PAYMENT PROVISION:
Lessee shall pay to Lessor payments(including the principal and interest portion)in 37 consecutive monthly installments commencing p/b/02
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 date on which(al Lessor
acmes this Lease,(b)Lessor takes title to the Unit.or(c)Lessee or its agent receives possession or takes consul of the Unit,provided the Delivery Date is on or prior to
the Credit Utilization Date 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
sall,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 farm. In the event no funds or insufficient funds ate appropriated and budgeted or are
otherwise net available in any fiscal year for payments due under this Lease,Lessee will immediately notify Lessor of such occurrence and this Lease shalt 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 are otherwise available. Notwithstanding the foregoing,Lessee agrees that,to the extent permitted by law,is
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 fiscal 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 returned to Lessee. If Lessor does not receive a payment on the date is 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 die highest charge allowed
by law,whichever is less. This 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 ufany nature by Lessee against Lessor or otherwise. Except as otherwise expressly provided herein,the obligations
of Lessor 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 IS" WITHOUT ANY WARRANTIES OF ANY KIND. LESSOR HEREBY EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF
MERCHANTABILITY, h) 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 me 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 maintenance records relating
thereto. Lessee shall,at its expense and at all limes during the Lease teen,maintain the Units in good operating order,repair and condition and shall perfoms 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 parts.accessories and equipment affixed to any Unit shall be subject to the
security interest of Lessor granted hereunder. If Lessor supplies Lessee with labels staling 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 COUNTY,COLOO/RRAP O Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By N V By
Name(PRINT) Glenn Vaad Name(PRINT)
Tttic Chair Title
Date 10/02/2002 Date
<. LESSEE'S REPRESENTATION AND WARRANTIES: Lessee represent and warrants to Lessor that(a)Lessee is a fully constituted political subdivision or agency doily organized and
existing ander the Constitution and laws of the state eskers the Units will be located(b)Lessee has the power to enter into and perform this Lease and has taken all necessary and approphate shod
so authorize the execution,delivery and performance hereof,(c)this Lease constitutes a valid and legally Finding end colontable obligation of Lessee:)d)the interest payable by Lessee hereunder
is excludable from income for Federal in taxation purposes pursuantt0 Section 103 of the Internal Revenue Code of Irian,as amended(Ike'Code'):and(e)Lessee has sufficient
appropriations or oOle funds available to pay all aounts due hereunder for the current fiscal year and reasonably believes that funds can be obtained sufficient make all payments doting the tern
of Aix Leases Lessee represents that he toe of doe Units is essential to lessee's proper,efficient and economic operation. Lessee acknowledges and agues that the payments lute been calculated
by Lesmr assuming that the interest portion of each payment is excludable Croon gross income for Federal income taxation purposes.Lessee represents,warrant and covenant that: (a)Lessee will
comply with the information reporting requirements of Section I49(e)of the Code,as the same may he amended from time to time.and such compliance shall include but of be limited to the
execution of infomation statement requested by Lessor,(b)Lessee will not do or cause lobe dome any act which will cause,or by emission of any set allow,the Leese to be an arbitrage bond
within the meaning of Section the(a)of the Con;(e)Lessee will not do or cause to be done any act which will cause.or by omission of any act allow this Lease to nap-rate activity'mod within
doe emoting or Section 141(a)of the Code(d)Lessee will timely pay tote extent of available funds.amounts equired to be rebated to the Veiled States pursuant to Section I ell(0 of the Code:tel
Lessee will not do or muse um be done any act which will cause,or by omission of any act allow,the interest portion of the payments to be or became ncludabk in gross income fon Federal income
tawalien purposes under the Code;and(I)Lessee will he the exclusise owner,ma and operator of the Units,Lessee shall provide to Lessor an opinion of counsel substantially in the farm attacked
hereto.
6. TAXES: Lessee agrees to promptly pay or nimbmm 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
Imnefter the'Impositions"),arising at any time prior Is,during or subsequent to the Lease term and levied by any taxing authority with respect to or in connection with any Unit excluding,
however,tart]measured by Lessees net income(of but not excluding any net income late{which.by the corm of the statue imposing sock tax.expressly reline Lessee er Lessor from the pa:mtwnr
of any Impositions which Lessee would otherwise be obligated to pay or reimburse). If Lessor in not entitled to a corresponding and equal deduction with respect to any Imposition Is loch Lessee is
required to pay or reimburse and such paymentor reimbursement constitutes income to Lessor.ales Lessee shall also pay to Lessor the amount of any impositions which Lessor is obligated to pay
cat respect of(a)such payment or reimbursement by Craw!and(b)any payment by Lessee made pursuant to this sentence. Lessee shall prepare and file.in a runner satisfactory to lessor.any
report which may be ngoired with respect to the Units. For purposes of this Section "Lessaf'shall include any affiliated group,within the meaning of Section 1504 of he rode.of
whirls Lessor is a nxmMr for year in which a consolidated or combined income tax return is filed forte affiliated gmtp.
7. LOSS OR DAMAGE;INSURANCE: Lessee assumes all risks and liabilities of lass,damage or Casualty Occurrence(as hereinafter defined)for any cause whatsoever,for condemnation of
any Unit poor to.during or subsequent to(until the Unit is mounted to lessor punaant to Section 10)the Lease amt and for injury to er death of any person or damage to any properly lit atty
Maerer arising not of or incident to die possessin.use,operation.cooditionstorage of the Unit. If any Unit becomes damaged,from any cause whatsoever,Lessee shall gin lessor prompt
notice thereof If Lessor reasonably determines that such damage is not iseparable.then Lessee shall.sties expense.promptly restore the Unit to the condition required by Section 4 above ff any
Unit becomes out lost,stolen,destroyed or rrepaably damaged(as reasonably determined by Lessor)from any cause what taken by condemnation otherwise(an such
occurrence hereafter a'Casualty Occurrence')prim le.during or subsequent to(until the Unit is returned m Lessor pursuant to Section 10)the Lax term,Lessee shall give Lessor prompt notice
Ac er In the event of a Casualty Occurrence,Lessee shall pay to Lessor,so IM earlier of(a)the first payment date following such Casualty Occurrence or(b)thirty(30)days following such
Casualty Occumme,a sum(the'Termination Value")equal as(a)the"Beginning Balance"(as specified in the attached Payment Schedule)as of the most payment due following such Casualty
Occurrence,plus()film amount of the interest portion(as specified in the Payment Schedule)of the neat payment due following such Casually Occurrence multiplied Lima a faction the oon:aim
of which is the number of days from the later or(a)the Delivery Date of the Unil or(b)the due date of the payment immediately preceding such Casualty Ocewince wail the due date of the
payment due hereunder in respect of such Casualty Occtmence and the denominator of which is 360. Lessee, t its expose.shall keep each Unit insured against all risks for not less than the
applicaln Beginning Balance with respect to such Unit and shall maintain comprehensive public liability insurance covering each Unit nr not less than SI O0O.O0O for combined coverage for bodily
injury and progeny damage. All insurance shall(M be in a form and with Such companies as Lessor shall approve.(b)specify Lessor(or it designee)and Lessee as named insureds,(e)ne primary,
without right of contribution from any other insurance tamed by Lessor,(d)provide that such insurance may not be caecelkd or altered set as to affect the interest of Lessor without at least shiny
(301 days'prior wnoeen nonce to lessor,and(e)name Lessor rte its designee)as loss payee atnd be payable nobly to Lessor. Lessee agrees to notify Lessor of any occurrence which nosy become
the basis of an insurance claim hereunder and not to quake any adjustment e with insurers without Lessees prior written consent. Lessee hereby irrevocably appoints Lessor its attorney-in.-ran m
tae payment of and endorse all cheeks andother document and to lake any other actions necessary to pursue insurance claims. Prior to the fiat Delivery Date of any Unit Lessee shall delivery
totn
eseor satisfactory evidence of such insurance coverage.
S. WAIVER AND INDEMNITY: LESSEE HEREBY AGREES TO RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS LESSOR,ITS DIRECTORS,OFFICERS,
EMPLOYEES,AGENTS AND ASSIGNS FROM ANB AGAINST ANY CLAIMS OF LESSEE OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON DIIEACH OF
CONTRACT,BREACH OF WARRANTY.PERSONAL INJURY,PROPERTY DAMAGES STRICT LIABILITY OR NEGLIGENCE.FOR ANY LOSS,DAMAGE OR INJURY
CALISF I)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,I NCI BRED 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:(h)any
representation or wa anty of Lessee ned herein m any document furnished to lessor in connection herewith shall be incorrect On misleading when made(c)Lessee shall fail to observe or
perform any other covenant agreement or wamnty mode hy Loose 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 he a default by Lessee under any other agreement between Lesser and Lessee. If any Event of Default shall occur,Lessor,at its
option may(a)proceed by ammoniate newt acnons)to enforce this Lease or to recover damages for the breach thereof N)by notice in writing to Lessee,terminate this Lease,but Lessee shall
renoain liable as hereinafter provided.and them upon Lessor may.at its option do any one m mon of the following:(WI)recover forthwith nom Lessee Natty and all amount Oven due undo this
Lease or which may have rued to the date of suck termination.fin as damages far lass ref Ore bargain and not as a penalty.a sum equal to the payments due with respect to the Units and
additional security doing the balance of the fiscal year,and(iii)any additional damages and expenses ined by Lessor by reason of the bream of any covenant,representation or warranty
contained in this Lease outer than for the payment of amounts due hereunder,(6-x)enforce the security interest given hereunder.(6-3)without notice.liability Of legal process enter upon the
pre
mises where say of the Units or additional security may he and take possession
thereof, d@p. require lessee to return the Units and additional scanty as provided in Section 111 Letter shall
lure all tights given to a secured party by law Provided Lessor receives possession of the Unit and additional security following an Event of Default Lessor may,at ts option.undertake
commercially reasonableelfon to sell or re-lease the Unit Dra and additional enmity,and the proceeds of any such sale or re-lease shall be applied: Drat,to reimburse Lessor for all nameable
expenses of retaking,holding,preparing far sale o reaease and selling Or me-leasing the Units and additional security,including ally reasonable!money'sand aney's fees and expenses second.to the
extent not previously paid by Lessee,to pay Lessor all amount,except those specified below,which under the tten is of this Lease an due or have accrued as of the date of Lessors receipt of said
proceeds;third,t pay all late payment charges pursuant to Section 2 hereof;and fount,to pay Lessor the applicable Termination Value with respect to the Units. Any surplus shall be paid to the
per to entitled therm. Lessee shall promptly pay any deficiency to Lessor, Lessee acknowledges that sales for rests or on credit to a wholesaler,retailer en user of the Units are all commercially
reasonable. Lessee agrees to pay all reasonable atlooneys fees and all costs and expenses incurred by Lessor in enforcing this Lease. The remedies herein plodded shall he cumulative ti and in
addition to all other¢medies at law ar in equity:pmnded,however.Lessor shall net be entitled to recover a greater amount in damages than Lessor could have gained through Lessee's fill timely
and complete perWmance under this Lase.plus all fees,cwt and expenses incurred by Lessor in enforcing this Lease and all late payment charges pursuant no Section I. If Lessee fails to
perform any of its obligations under this Lease,Lessor may(but need not)at any time thereafter perform such obligation.writhe 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 it espouse.shall
forthwith deliver Ile Unit to Lexsar,appropriately protected and in the condition required by Section 4,at the optionof Lesser,to the premises of the nearest Caterpillar dealer selling equipment of
the same type as the Unit or on board such career as Lessor shall specify and shipping the same.freight collect,to the destination desigsated by Lessor. If to Unit is not in the cotdiriom required
by Section 4,Lessee shall pay to Lefler.On demand,all costs and expenses incurred by Lessor to bring Inct Unit into said condition
I1, REPORT TO IRS: Lessee will moon this Lease n the Internal Revenue Sen'iceby filing Form 8030-G,B038-GC or 0031 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 intent rate will he adjusted to an equivalent taxable kneel'are.
i3. TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Unit on its delivery date;Lb)the Delivery Drte of the Unit is on or prior to the
Credit Lldiza inn Date noted an the face hereof;and(c)no Event of Default exists as of the Delivery Dale of the Unit,ink to each Unit shall vest in Lessee on the Dente,Date of the Unit.
movidcd.however,thal in the event(i)this Lean is temoinaed pursuant so Section I hereof,or(ii)an Pent of Default has occurred and is continuing.title to the Unit shall immediately retest in
lessor,free of any right title and interest of lessee.unless Lessor elects otherwise in writing. Lessee hereby Ennis m Lessor a continuing'entity interest in the Unit.including all attachments,
accessoner rid optional features(whether or not installed thereon)and all substitutions,replacement, additions and accessions tetra,and all proceeds or all of the foregoing,ioMtding,but not
limited to,proceeds in the farm afchattel paper to secure the payment of all sums due. Lessee will,at its expense,do any further act nd execute.acknowledge,deliver,file,register and tecoed any
further document which Lessor may reasonable request in order Is protect Leswh security interest in doe Units and Lessor's rights and benefits ender this Lease. Lessee herby appoints Lessor as
:Au ce,.1nc.mc,•rt.S:au la:th::'gr:h:y 11:1 tiling of such dn;:dooma cold authoius Lo::u-to-dekgata hots limited Fevr.4:sw fetter reprerent mid Yrarelett W Lester that Lvssee sod
shall remain a Govemmmlal registered in the state of CO("Business location"):and Lessee will not change its form of business organization or Business Location without pear written notice to
Lessor.
as, ASSIGNMENT;COUNTERPARTS:Without the prior written consent of Lekwe,no assignment of this Lease wavy right or obligation hmwder 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 anther grant or assign a sanity interest in this Lease and the Units,in whole or in part Although
multiple countcrpav of this doeenrena may be signed,only the counterpart accepted aclmawledged and coifed by Caterpihar Financial Smiea Corporation on the signature page thereof as the
original will constitute anginal chattel paper.
m, EFFECT OF WAIVER: No delay or omission to exea%e any right or remedy accruing to lessor hereunder shall impair any such right or remedy nor stall it be construed to iv a waiver of
any breach or default of Lessee. Any waiver er consent by Leone under this Lease mist be in waiting specifically set forth. This lease completely stales the right of Lester and Lessee with
respect to the Units and supersedes all prior agreement with respect thereto. Time is of the ranee of this Lease No variabon or modification of this Lean shall be valid unless in wtitng and
signed by the anthonzed representatives of Lefler and Lessee. All notices hereunder shall be in writing,addressed to each pony al the address set forth an the front of this Lease or at such other
address as maybe furnished in wiling. If any provision ulOils Lease shall be invalid under any applicable low.such provision shall be deemed omitted but the remaining provisions shall be given
effect. All obligain of Lessee tildes this Lease shall survive the expiration or termination of this lease to the thrum required for Omit full observance and performance.
II. GENERAL:This Lease Nall begovemel by and construed under the laws of the Stale who the Units are located.
Attachment to Governmental Lease-Purchase Agreement
Dated as of AUGUST 6. 2002
between
WELD COUNTY,COLORADO("Lessee")
and
Caterpillar Financial Services Corporation("Lessor")
RENTAL PAYMENT SCHEDULE
Payment Numbers Payment Amounts Due
1 - 36 $ 1,438.31
37 - $ 0.00
WELD COUNTY,COLORADO Caterpillar Financial Services Corporation
(Lessee) es
��� r (Lessor)
Signature .� .C,(iuill I Signature
Name(PRINT) Glenn Vaad Name(PRINT)
Title Chair Title
Date 10/02/2002 Date
EXHIBIT 2 (multiple assets)
Concluding Payment Schedule to
Governmental Agreement
DWedAUGUST 6 ,N2002
between
Caterpillar Financial Services Corporation
and
WELD,COLORADO,COUNTY OF
Description of Unit:1 Caterpillar 14011 serial ll 22107879
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.50000% Payment(•)
Aug-06-02 0 155,760.00 0.00 0.00 155,760.00
Sep-06-02 I 155,760.00 1,438.31 584.10 154,905.79
Oct-06-02 2 [54,905.79 1,438.31 580.90 154.048.38
Nov-06-02 3 154,048.38 1,438.31 577.68 153,187.75
Dec-06-02 4 153,187.75 1,438.31 574.45 152,323.89
Jan-06-03 5 152,323.89 1,438.31 57131 131,456.79
Feb-06-03 6 151,456.79 1438.31 567.96 150,586.44
Mar-06-03 7 150,586.44 1,438.31 564.70 149,712.83
Apr-06-03 8 149,712.83 1,438.31 561.42 148,835.94
May-06-03 9 148,835.94 1,438.31 558.13 147,955.76
Jun-06-03 10 147,955.76 1,438.31 554.83 147,07218
Jul-06-03 11 147,072.28 1,438.31 551.52 146,185.49
Aug-06-03 12 146,185.49 1,438.31 548,20 145,29538
Sep-06-03 13 145,295.38 1,438.31 544.86 144,401.93
Oct-06-03 14 144,401.93 1,438.31 541.51 143,505.13
Nov-06-03 15 143,505.13 1,438.31 538.14 142,604.96
Dec-06-03 16 142,604.96 1,438.31 534.77 141,701.42
Jan-06-04 17 141,701.42 1438.31 531.38 140,794.49
Feb-06-04 18 140,794.49 1,438.31 527.98 139,884.16
Mar-06-04 19 139,884.16 1,438.31 524.57 138,970.42
Apr-06-04 20 138,970.42 1,43831 521.14 138,053.25
May-06-04 21 138,053.25 1,438.31 517.70 137,132.64
Jun-06-04 22 137,132.64 1,438.31 514.25 136,208.58
Jul-06-04 23 136,208.58 1,438.31 510.78 135.281.05
Aug-06-04 24 135,281.05 1,438.31 507.30 134.350.04
Sep-06-04 25 134,350.04 1,43831 503.81 133,415.54
Oct-06-04 26 133,415.54 1,438.31 500.31 132,477.54
Nov-06-04 27 132,477.54 1,438.31 496.79 131,536.02
Dec-06-04 28 131,536.02 1,438.31 493.26 130,590.97
Jan-06-05 29 130.590,97 1,438.31 489.72 129,642.38
Feb-06-05 30 129,642.38 1,438.31 486.16 128490.23
Mar-06-05 31 128,690.23 1,43831 482.59 127,734.51
Apr-06-05 32 127,734.51 1,438.31 479.00 126,775.20
May-06-05 33 126,775.20 1,43831 475.41 125,812.30
Jun-06-05 34 125,812.30 1,438.31 471.80 124,845.79
Jul-06-05 35 124,845.79 1,438.31 468.17 123,875.65
Aug-06-05 36 123,875.65 1,438.31 464.53 122,901.87
Sep-06-05 37 122,901.87 123,362.76 460.89 0.00
TOTAL 175,141.92 19,381.92
(')Does not include any rent payment or other amount then due.
Initialed:wEL
(Lessee)
Cat Quote Software 8.01 409458 Page 1 Caterpillar Financial Services Corporation
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as ofAUGUST 6. 2002 (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:
I. 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 by such Constitution and laws to enter into the transaction contemplated
by the Lease and to carry out its obligations thereunder.
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.
4. No further approval,license,consent,authorization or withholding of objections is required from any federal, state
or local governmental authority with respect to the entering into or performance by Lessee of the Lease or the
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 constitute a breach or violation of any judgment,consent decree,order,law,regulation,bond,indenture
or contract,applicable to Lessee or result in any breach of,or constitute a default under, or result in the creation of 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.
8. The units leased under the Lease are personal property and,when subject to use by Lessee,will not be or become
fixtures under the laws of the State of Colorado.
9. The authorization, approval and execution of the Lease,the Schedule(s)and all other documents contemplated by
the Lease and all other proceedings of the Lessee related to the transactions therein and contemplated thereby have been
performed in accordance with all open meeting laws,public bidding laws, and all other applicable laws of the State of
Colorado.
10. The Lessor will have a perfected security interest in the Units upon filing with the Secretary of State for the State
of Colorado and/or the of at the time of acceptance of the
Units of an executed UCC-1 or other financing statement.
Yours sincerely, •
Signature: 1
Name(P : Bruce T. Barker
Title: County Attorney
Date: 10/02/2002
Address: 915 10th Street
Greeley, CO 80631
Telephone: (970)356-4000 X4391
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: 933 N 11TH AVE,P.O.BOX 758
GREELEY,CO 80632
Mailing Address: P.O.BOX 758
GREELEY,CO 80632
Equipment Location: 1111 H STREET
GREELEY,CO 80631,WELD
Business Phone: (970)3564000
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:
Form 8038-G I Information Return for Tax-Exempt Governmental Obligations
► Under Internal Revenue Code section 149(e) OMB No.1545-0720
(Rev. November 2000) 1. See separate Instructions.
Department of the Trees,' Caution:If the issue price is under swami. use Form 8038-GC.
mental RereMte Service
Part I Reporting Authority If Amended Return, check here ► ❑
1 Issuer's name 2 Issuer's employer identification number
COUNTY OF WELD, COLORADO
3 Number and street(a P.O. box if mail is not delivered to street address) Roorn/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 8/20/02
7 Name of issue 8 CUSIP number
9 Name and title of officer or legal representative whom die IRS may call for more information 10 Telepeone number of officer a legal representative •
( )
Mit Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
11 ❑ Education 11
12 ❑ Health and hospital - 12
13 ❑ Transportation 13
14 0 Public safety - 14
15 ❑ Environment(including sewage bonds) 15
16 ❑ Housing 16
17 ❑ Utilities - 17
18 ❑ Other. Describe D. 18 155 76
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 ► ❑
•art Ill Description of Obligations.Complete for the entire issue for which this form is being filed.
(e)Stated redemption (d)Weighted a Yield
fa)Final maturity date Tel Issue price price at maturity average maturity (e)
21 S 155.760 $ N/A 3 years 4.50%
Part IV Uses of Proceeds of Bond Issue(including underwriters' discount)
22 Proceeds used for accrued interest 22
23 Issue price of entire issue (enter amount from line 21,column(b)) 23
24 Proceeds used for bond issuance costs Gnckiding underwriters'discount) . 24 j
25 Proceeds used for credit enhancement 25
26 Proceeds allocated to reasonably required reserve or replacement fund , , 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total(add lines 24 through 28) 29
30 Nonrefunding proceeds of the issue(subtract line 29 from line 23 and enter amount here). 30
MI Description of Refunded Bonds(Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . - . ► years
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) , . . 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 36a
b Enter the final maturity date of the guaranteed investment contract P. #4
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► ❑ and enter the name of the
issuer P. and the date of the issue P. .
38 If the issuer has designated the issue under section 255(bX3)(BK)(llq(small issuer exception), check box . . ► ❑
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check box D. 0
40 If the issuer has identified a hedge, check box P. ❑
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements.and to the best of my knowledge
and belief,the we true. I and complete.
Sign /
eserlative
Here ' JAM/ 10/02/07 ' Glenn Vaad, Chair
Signature of issuer's Date Type or print name and lab
For Paperwork Reduction Act Notice,see page 2 of the Instructions. cat.No.637735 ram 8038-G mew.i t-z000l
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 fluids for this deal were
allocated.
A copy of this infomiation 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
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease ("Amendment") is entered into
effective the day of October, 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: Id),A6Net, alui9/1V2Wis Q3,
WELD COUNTY CA
By: By: /A-
Print Name: Glenn Vaad Print Name: k. (t - kio`R?
Title: Chair (10/02/2002) Title: Fwham g Senf1Cto Thamosr1._
Caterpillar Financial Services Corporation
INVOICE
ftlik taAA i tU at* ? ^a dig it °i:lei
1 9/12/02 92899-1
WELD COUNTY
PO BOX 758
GREELEY,CO 80632
'Description „? Sedaf ..' - . ii' `... :i5lucDrte :.:i' ,tsmt.Tta Awouot "I
(1) 140H 2ZK07879 Upon Receipt. 1 $1,438.31
Caterpillar Motor Grader
$0.00
Sales and Use Tax
Document Fee $0.00
Filing Fee $0,00
Stamp Fee $0.00
Other Fees $0.00
Payment Due: 09/06/02
RETURN PAYMENT COPY AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED
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.
WITHOI7r TAX EXEMPTION CERTIFICATE APPROPRIATE SAL ES/USE TAX WILL BE HARGED
PLEASE PAY THIS AMOUNT S 1,438.31
WELD COUNTY p , q
yat�ffi ea gaka«,a,u l'� rv�rgi a 11403_.._.., ,} ;al6L
PO BOX 758 2899 $
GREELEY,CO 80632
Make Checks Payable To: Caterpillar Financial Services Corporation
Remit To: Wagner Equipment Co
Ann: Power Hughes
18000 Smith Road
Aurora,CO 80011
,.....,.oR.r, •
COVER SHEET
TO: RICK MAY CUSTOMER WELD COUNTY
FROM: ARLENE/FINANCIAL SERVICES MACHINE: CATERPLLAR 14011 MTR GRADER
DATE: SIN: 02ZK07891
RETURN TO: POWER/FINANCIAL SERVICES DEPARTMENT
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
Transfer And Assumption Agreement
Promissory Note
Term Extension Agreement
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.
AN INSURANCE FORM MUST BE COMPLETED AND SIGNED
Ja0.2
DELIVERY SUPPLEMENT
This pertains to the Lease,dated as of August 20, 2002 ,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) I40H New Caterpillar Motor Grader
2ZK0789I
Location: GREELEY,CO
County: WELD
Equipment Located: Inside or Outside City Limits
Possession Date: August 20, 2002
WELD COUN COLD
Signature d
Name(PRINT) Glenn Vaad
Title Chair
Date 10/02/2002
EQUIPMENT:
(I)140H New Caterpillar Motor Grader 2ZK07891
RE: INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between WELD COUNTY,COLORADO 933 N 11TH AVE P.O.BOX 75S 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 confimration of this
coverage.
INSURANCE AGENT: CONTACT PERSON:
ADDRESS: PHONE NUMBER:
IF EQUIPMENT HAS BEEN DELIVERED,WHEN WAS IT DELIVERED? August 20, 2002
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 ti Equipment Description Value Pymt Method-1 Pymt Method-2
Serial# including Tax Total Premium Finance Pymt
A. l4OH Caterpillar Motor Grader $155,760.00 $5,763.12 SI7144
21K07891
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 37
months will be$5,763.12,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$171.44 per scheduled equipment
payment. The finance charge is calculated at 4.50% 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.4/02 Denim Code F.250 113429 09/16/200190532 AMC
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 alLtg
Glenn Vaad!Cr ,ir, Weld County Board of Commissoiners
(10/02/2002)
Form No CMCINSF-4/02 Dealer Code E250 413429091612002 45518 AMCT
CATERPILLAR FINANCIAL SERVICES CORPORATION("CFSC") Page 1 of 2
•
' CONSTRUCTION EQUIPMENT APPLICATION SURVEY
Customer Name: WELD COUNTY,COLORADO Location: 1111 H STREET,GREELEY,CO 80631
Make: Caterpillar Model: 140H Quantity: I Serial Number: 2ZK07891
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 O Slope Board O Pallet Forks ❑ Landscape Rake ❑ Concrete Crusher
❑ Auger O Tiler ❑ Rotator O Metal Shear O Forks
❑ Cab Riser O Access Pladorn O Snow Plow O Ride Control ❑ Long Ready Stick
❑ Delimber ❑ Block Podia O Top Clamp O Saw Head O Mower
❑ Generator O Cold Planer O Air Conditioner O Solid Tires ❑ Ripper
❑ Lumber Forks O EStick ❑ Broom O Trendier O Shear Head
❑ OHT Body Liner O Grapple O Compactor ❑ AA Wheel Steer ❑ Special Rims
❑ Rolasaw ❑ Magnet O Feller Bundler O Cab ❑ Windy
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ •PAT Blade O Side Dump Bucket O Landfil Bucket O Chip Blade O Angle Blade
❑ Bottom Dump BM O 'SU-Blade ❑ GP Bucket ❑ Coal Blade
❑ Ejector Bucket O Carry Dozer Blade O Slag Bucket O MuttPurpose Bid O High Volume BM
❑ Landfill Blade ❑ Front Dump Bucket O -U-Blade ❑ Straight Blade ❑ Rock Bucket
Other:
MARKET CATAGORIES (Check All That Apply)
❑ Heavy Construction•Airports,Bridges,Dams,Hghways Road ❑ Quarry -Granite,Limestone,Sand&Gravel
❑ Building Construction•Commercial,Residential,Mlles O Forest Products•Loading,Road Construction,Skidd'ng,Timber Harvesting
❑ Landscape Construction—Commercial.Residential O Forest Products-Mil and Yard Operations
❑ Ikning—Metals•Copper,Gold,Iron,Lead,Silver,Underground,Uranium.Zinc O Industrial—Dairy/Mushroom Farm,Demolition,Feed Lot,Fertilizer/Lime Handling,
Lanais,Rendering Plants,Scrap Handing,Steel Mill,Transfer Stations
❑ lining—Non-Metals•Clay,Coat Oil Sands,Oil Shale,Peat,Underground U Governmental•Road Maintenance.Snow Removal
❑ Petroleum&Gas•Exploration and Development Pipelines O 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. My change in the location,severity of application,annual hourly usage andlor attachments or cannfguraton 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: 10/02/200�2yyy� / ' I� Date: 8-20-02
Signature: ,T/.44ty, ur`' Signature:
Print Name: Glenn Vaad Print Name: K.C. Ware
Title: Chair Title: Financial Services Manager
Company: Weld County Board of Connnissionprs Company: WAGNER EQUIPMENT CO,
CFSC Reviewed by: Bruce T. Barker. 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 El Sections 5 and 12 of the Finance Lease
O Sections 4 and 9 of the Master Finance Lease El Sections 5 and 13 of the Long-Term Rental Agreement
tif 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 dear,and free Iron cracks and major pits, all window
• Give the Lessor they(60)days notice prior to the Lease termination date of Lessee's frames, doors and weather stripping am complete, and all service access
intention to return any and all units to the Lessor. compartment covers and doors,fenders,and other tat 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_
leaseinception. Lessee's 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 unbading of units to good working order,Including but not limited to,rd over protection CROPS)and falling
a site designated by the Lessor. object protection(FOPS)systems,seat belts,steps,safety rails,grab irons.cat was,
• Ensure the units upon return are thoroughly cleaned,steam deaned if available,and fire suppression systems,warning alarms,cameras and monitors.
free from al oil.hydraulic and fuel leaks. • Ensure all electrical components,including but not limited to,wiring harness,batteries,
• Operate and maintain at units in aaordance with Caterpillar Lubrication and alternators,drive belts,fighting and air conditioning systems are complete and in good
Maintenance and Operators guide books,and insure all maintenance is pedJtlWJ at working order.
recommended intervals and only genuine Caterpillar titer and parts are used for al • Ensure al repaid made to main sWchres,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,dudes.component housings,loader
to perform all tasks under rated load. arms,booms, sticks,tag inks, loader linkages,buck bodies, buckets, rippers, and
• Enrol all units in a Caterpilar dealer Scheduled Ql Sampling(SOS)or comparable arches must be accomplished in accordance with factory recommended materials and
program,where avalable,for the entire teen of the lease,and insure all fuels, repair procedures.
lubricants,additives,and radiator water is dean and complies with Caterpillar
recommended standards. REMAINING LIFE REQUIREMENTS:
• Ensure all units are operated only in the apprentices for which they were designed and • Ensure al ground engaging tools,Including but not limited to,buckets,dozer blades,
manufadued. base cutting edges,uppers,verifiers,chums,feet lines.screeds,elevator tights,
• Maintain a working engine hour meter at all times. Keep complete records of all hour forks,and top damps have good structure'integrity and have fifty percent(50%)
meter changes along with major component change outs and routine maintenance and minimum renaming fife.
repair records. • Return al track and rubber bated units with a minimum of fifty percent(50%)
• Ensure al service contracts are fully implemented and all maintenance and repairs are remaining life on each and every component,nduding 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. Bens
units are returned. ATTACH A COPY DF ANY AND ALL.REPAIR MD can not have any cuts that extend into the cards and must not be missing guide
MAINTENANCE CONTRACTS AND PLANNED COMPONENT REPLACEMENT beaks or grouser bars(lugs). Charges wll be assessed for each component not
PROGRAMS. meeting the requirement
• Provide a secured place to store off-lease units upon request from the Lessor. • Rebm all rubber tire units with a mnnanm of fifty percent(50%)remaining ire of the
Provide access to the units for purposes of maintenance or denrnstratm to original bead lie of each tire. Recapped tires are not acceptable substitutes. All tires
prospective buyers at Lessons request must be a matched set with the sane tread type and paten and have no significant
cuts or chunking of the tread or side wars. Skid Steer tires are exempt from this
SPECEIC TINWARE AND SAFETY REQUIREMENTS: provision.
• Ensure the operator's compartment is dean,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
ANDIOR 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% 70%charge to Lessee
MAXIMUM USAGE: /I.t
The model listed and ui pp�� stated above will be operated an estimated total of /al 1 hours per month over a term of months for total usage
during the leasing term ofpH/d� 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. 'fly
Total Lease Hours 5UW +Current Hours .{77 -Total Allowable Machine Hours 'Y'cL{/
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.
, CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Dated as or August 20, 2002
LESSEE: WELD COUNTY.COLORADO LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
"A political agency or subdivision of the State of Colorado"
ADDRESS: 933 N I ITH AVE ADDRESS: 2120 West End Avenue
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 Unitla) Striate-
(I)New 14014 Catapilbe Motor Grader 2ZK07g9I
Location ofUnit(s): till H STREET
GREELEY,CO 80631,WELD
Payment Schedule attached. Lease Term:37 Months Utilization Date:November t0,2002
PAYMENT PROVISION:
Lessee shall pay to Lessor payments(including the principal and interest portion)in 37 consecutive monthly installments commencing 9-20-02 .
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 date 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 Date 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 fur 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 are otherwise available. Notwithstanding the foregoing,Lessee agrees that,to the extent permitted by law,
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 fiscal year in which termination occurs or the next succeeding fiscal year.
2. PAYMENTS;NET LEASE: During the Lease tens,Lessee shall pay to Lessor,at,rent for each Unit as stated in the attached Payment Schedule end 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 returned 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. This 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 name by Lessee against Lessor or otherwise. Except as otherwise expressly provided herein.the obligations
of Lessor 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
notwithslan ding.
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 representation made by Lessor. AS BETWEEN LESSOR AND LESSEE,THE UNIT(S)
ARE PROVIDED "AS IS" 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 e) ALL WARRANTIES AGAINST INFRINGEMENT OR
THE LIKE. Lessor assigns to Lessee its interest in any of the manufacturer's warranties on the Units(s).
4. POSSESSION,USE AND MAINTENANCE: Lessee shall not(a)use,operate,maintain or store any Unit improperly,carelessly,unsefely 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 maintenance records relating
thereto. Lessee shall,at its expense and at all times during the Lease tens,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 he the responsibility of and at the sole risk of Lessee. All parts,accessories and equipment affixed to 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 COUNTY,
COLORADO� Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By /ILfL14 xSa{f\ By
Name(PRINT) Glenn Vaad Name(PRINT)
Title Chair Tide
Date 10/02/2002 Date
s. LESSEE'S REPRESENTATION AND WARRANTIES: Lessee represents and warrants to Lessor that(a)Lessee in a fully constituted Political subdivision car agency duly organized and
enacting under the Constitution end law,of the sole when the Unit.will be located(D)Lessee has the power to enter into and perfmt SO 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;(dl the interest payable by Lessee hereunder
ia excludable from income for Federal income taxation purpose,pursuant In Section 103 of the Internal Revenue Code of 1906,as amended(the"Code');and(e)Lessee has sufficientammunitionsamunitions or other funds available to pay all amounts due hereunder for the anal fiscal year and reasonably believes that funds can be obtained sufficient to nuke 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 acknowedges and agrees list the payments have been calculated
by Lessor atoning that the interim portion of exh payment is excludable from gross income for Federal income taxation purposes. Lessee iguana.warrants tad covenants that (a)Lesson will
comply with the intimation reporting requirements of Section 149(e)of the Code,as the ant may be amended from time to time,and such compliance shall include but not be limited to to
execution of information summers requested by Lmmq(hi Lessee will not do or teat to be dent any act which will cause.or by omission of any not allow,the La m se be an nbimge bond
within ihemeaning of Section 14e1.)of 1M Cede;(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 M a private activity bond within
the meaning of Section 14!(x)of the Code;(d)Lessen will timely pay on the extent of available Nnda amounts required in be rebated to the United Suns purs,unr to Section IsilO or the Code;(e1
Less will not do or cause to be done any se ca t which will use,or by omission of any act am
t allow,the interest portion of the payments te be or Me includable an gross income for federal income
o tion purposes under the Code;and II)Lessee will be the exclusive owner,user and operator of the Units.Lessee shall provide le Lens.an opinion of counsel substantially in the form attached
hereto.
C.TAXES: Lessee agues to promptly pay or'timbale Lesson for all fen led Wes of any name,together with ay penalties,unto or additions to tax.or haloes'damn(a1l of the foregoing
hereafter the Rmpaidom'),arising at any time prior to,during or subsequent to the Lease Lem and levied by any taxing authority with respect In or in connection with any Unit excluding,
however,taxes mnmrcd by Lem/end income(of but not excluding any net iacome lean which,by the term of the statue imposing such tai expressly relieve lessee or lessor from dm payment
of any lnposio which Lessee would otherwise be obligated to pay or Mimbune). If Lester is not entitled to a ceaa. ning and equal deduction with respect any Imposition which Lessee is
required a pay en reimburse and such payment or mmbursenrrnt constitutes income to Lessor,then Lessee dull also pay to Lessor the amount of any Impositions which Lessor is obligated to pay
in respect of(e)such payment or reimbursement by Luse.and(b)any payment by Lessee nude pursuant to this sentence. Lessee shall prepare end 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
whim Lessor is a member for any year in which a consolidated or combined intense tax norm is filed for the affiliated group.
T. LOSS OR DAMAGE;INSURANCE:Lessee assumes all risks and liabilities of bras,damage or Casualty Oemnmet(as hereinafter defined)for any cause whatsoever,for condemnation of
any Unit prior to,during or subsquena to(until the Unit is mowed to Lessor pursuant to Section 10)the Lease teen,and for injury to or death of any manioc damage to any property in any
ma 'sing out of or incident to the possession, e,operation,condition or storage ha
ge of the Unit If any Unit becomes damaged,Born any cause whatsoever,Lessee shell give Lessor prompt
m
notice thereof If Lessor reasonably determines this such damage is not irreparable,then Leila shall.at its expense.pomptly restore the Unit to the condition required by Section a abort If any
Unit becomes wan out lost,stolen,destroyed or irreparably damaged(as reasonably determined by Lessor)from any titan whatsoever,or taken by condemnation or otherwise(any such
atoning hereafter a"Casualty Occurrence')prior to,doting or subsequent to(until the Unit is monied to Lessor punuanuo Section 10)the Lease term,Lessee shall give Lessor prompt nonce
thereof. In the event ore Casualty Occurrence,Lessee shall pay an Lessor,on the earlier of(a)the first payment date following such Casualty Occurrence or(b)thirty(30)days following such
Casualty Occumnee n sum(the gemination Vela")equal to(a)the"Beginning Balance'(as specified in the noched Payment Schedule)se of the next payment due following such Calmly
Occunrnm,Ida(b)the amount of the imeren pon;an(as specified in the Payment Schedule)of to next payment dm following such Casualty Occurrence multiplied ones fraction the,,umenmr
of which D the number of dYs Hoare the Iatn of(a)the Delivery Date of the Unit on(b)the due date of the payment inmediasaly preced'mg such Casualty Occurrence until the also date of the
payment due hereunder;n respect of such Casualty Occurrence and the denominator of which is 360. Lessee,at its tannage,shall kap each Unit insured against all risks for not less don the
applicable Beginning Balance with respect to such Unit and shall maintain cotprehensive public liability insurance covering each Unit for not less than SI.seo,000 for a:manned coverage for bodily
injury red properly damage. All insurance shall(a)be in a(amend with such companies as Lessor shall approve,([)spcuiy Lessor(or its designee)and Lessee as named insureds,(e)be pernnry,
without right of eorMbuhon from any other insurance carried by Lessor,(d)provide that such insurance may not be cancelled or slated so ea to affect the'merest of Lessor without at least thirty
(10)days prior mitten notice to Lessor,and(e)neme Lessor(or is designed as loss payee and be payable solely to Lessor. Lessee agrees to notify Lessor of any occunace which nay become
the basis of an insurance claim hereunder and not is make any Mumma with insurers without Lesson's prior written consent Lessee hereby irrevocably appoints Lessor its attorney-aka to
receive payment of and esdooe all checks and other documents and to take any other action,necessary to pursue insurance claims. Prior to the first Delivery Date of any Unit Lessee shall delivery
to Lesson ausfumry evidence of such insurance coverage.
e. 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 OP 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
OP 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 OP 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"bertunder(a)Lessee shall fail in make any payment to Lessor when due;(b)any
repmsrntation or wamnty of Lessee costumed herein or in any da,mrcnt furnished to lessor in connection herewith shill be incorrect or misleading when made;(Cl Lessee shall fail to observe or
perform any other covannt agreement or warranty nude by Lessee hereunder and such failure stall continue for tea(10)dems after written notice thereof to Lessee;(d)Least[shall fail to make
any payment on lb bonded indebtedness when duct or(C)then shall be a default by Lessee alder any other agreement between lessor and Lessee. If any Event of Default shalt occur,Lessor at its
option,may(a)proceed by appropriate cow action(s)to enforce this Lase or to reeova damages for the breach thereof;(b)by notice in twisting to Levee,terminate this Lease,but Lessee slut!
remain liable as hereinafter provided,and them upon lessor may.It its option do any one or more of the following:(b-1)recover f'Mwith horn Lessee(i)any and all amounts then due under this
Lease or which may tam accred to the date of such tenninatbn,(ii)as damages for loss of the bargain and not as a penalty,a sum equal ao the payments due with inspect to the Units and
additional security during the balance of the fiscal year,and(ii)any additional damages and expenses sustained by Lessor by mason of the breach of any covenant representation or warranty
feint:lined in this Lean ether tun for the payment of amounts due henunder(63)carfare the sauiy intent given hereunder,(b3)without amble,liability or legal process,enter upon the
pre es e1 when any of tile Units or additional security may he and take possession thereof, R and -0)require Lessee to retum the Units and additional secWty as provided in Section 10, Lessor shall
have all rights sive.le a secured pant by law. Provided Lessor receives pmseuion of the Units end additional security following an Event of Default Lessor may,at its option underake
commercially realoalble effort to sell or!Meese dm Units and additional security,and the proceeds of any such sale or release shall be applied: tint to reimburse Lever for all namable
expenses of retaking.holding,roaring for sale or alas.and selling oree-losing the Unit,and additional securip,including all taxes and reasonable attonays fees ad expenses:second,to the
exam not previously paid by Lessee,to pay Lessor all amounts.except those specified below,which under the terns of this Lease are due or have atoned as of the dare of Lessor's motto of said
proceeds;third to pay all late payment charges pursuant to Section 2 hertaf;and Iona to pay Lessor the applicable Lamination Value with respect to the Units. Any surplus Mil be paid to the
persona entitkd theme Lessee shall promptly pay any deficiency to Lessor. Lessee acknowledges that sales for cash or on credit to a wholesaler,retailer or con of the Units are all commemially
reasonable. Lessee agrees to pry all reasonable atnntey's fees and all costs and expenses incmind by Lunar in enforcing dais Lease. The rm,ediea herein provided shall be cumulative and in
adthron s all other remedies at law or inequity;provided however.Lessor hall not be entitled to recover a greater amount in damages than Lessor could have gained through Lessee's full,timely
end complete pertomane under this Lease,plus all fees,costs and expenses immuand by Lest or in enforcing this Lease and all late payment charges pursuant to Section J. If Lune fails to
paten"any of its obligations under this Lease.Lessor may(but need not)et any time thereNer pert such obligation,and the eapemes inflamed in connection therewith shall he payable by
Lessee upon demand
10. RETURN OF Una: Upon any termination of the term of this Inv with respect to each Unit or if Lessor shall Artfully demand possession of any Unit Lessee,ails expense,shall
forthwith deliver the Unit to lessor,appropriately protected and in the condition ngwred by Section 4,at the option of Lessor,to the premises of the neaten Catepillar dealer selling equipment of
the same type as the Unit or on board such artier as Lessor shall spalfy and shipping the same,freight collect to the destination designated by Lessor. If the Unit is no 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.
It, REPORT TO IRS: Lessee will report this Lease to the Internal Revenue Service by filing Form b to C,!macaw or s030 whichever is applicable_ Failun to do so will cause tit Lease to
lose is tax exempt status. Lessee agrees tut if the appropriate km is not filed to imams,yak will headjusnedno an equivalent taxable intent rate.
IS,TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Gait on its delivery date;(b)the Delivery Dale of the Unit is on or prior to be
Credit Utilization Date road on the face hereof;and(e)no Event of Default exists as of the Delivery Date of the Unit,title to each Unit shall vest in Lessee an the Delivery Dale of the Unit
provided,however,that in the event(i)this Lease is terminated pursuant to Section I hereof,or(i)an Event of Default has occurred and is continuing,title to the Unit shall immediately meat in
Lessor.free any right title and intent of Lessee.unless Lessor elects otherwise in waiting. Lessee hereby grants to Lam a continuing sanity interest m the Unis,including all amcimaunls,
accessories and optional Mmes(whether or not installed thereon)and all substitutions,replacements. additions and'occasions thereto,and all proceeds of all of the foregoing,including,but not
limited to,proceeds in the boats of chide,paper to seem the payment of all mama da.Lessee will,at its expense,do any further act and execute,acknowledge,deliver.lilt register and record any
further documents which Lessor may reasonable request in order en protect lassoes study inknst in theUnits and Lessor's rights and benefits wader this Lease.Lessee hereby appoints Lessor as
Lessee's Atbmey-th-Fact sex the signing and filing of such docurneeu and authorizes Lesmr to delegate these limited Powers.Lessee falbee seminars and mounts to Lessor that Les,is and
shall recast a Governmental regiseendiu the state of CO("&sinus Location");and Loa will not change ib kern of business organization or Buskin Location without prior amen notice to
Lessee.
IJ.ASSIGNMENT;COUNTERPARTS:Without die prior wring consent of Lessor,no assignment of this Lease or any right orobligadon hereunder may be nude by Lessee or any assignee of
Lessee, Lessor Troy not assgn is right title and interest in and no this Lease and 1M Units anNar grant or assign a tactility intent in this Leant and the Una.in whole or in pan. Although
multiple counteapaa otitis document may be aimed,only Re counmpn accepted acknowledged and camfied by Caterpillar Financial Services Corporaun on the signalise page thereon as the
original will constimewithal chapel paper.
Is. EFFECT OF WAIVER:No delay or omission to exeree any right or smedy naming to Leaser Iwreader shall impair any such right or remedy nor shall it be eonsmad to be t ecivn of
any beech or default of Levee. Any waiver or consent by Lessor under this Lase mat be in writing specifically act forth, This Lease completely suns the rights of Lessor and Lessee situ
respect no the Units and'meanies all prior agreements with mom thereto. Time is oft 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 Lela and Lessee. Al!notices hereunder shall be in writing,eddmsed to each parry at the address see forth on the front of this Lease or at such other
address as may be furnished in writing.lfany provision of this Lease shall be invalid and,,any pplkeble law,such provision shall be deemed omitted but the remaining provisions shall be siren
effect All obligation of Leant under this leaseshalt survive the expiation or termination of this Leese on the extent rewind for their full observance endperfomuae.
IS, GENERAL:This Lease shall he governedby and construed under to lawsafthe State when the Units am located,
Attachment to Governmental Lease-Purchase Agreement
Dated as of August 20. 2002
between
WELD COUNTY,COLORADO("Lessee")
and
Caterpillar Financial Services Corporation("Lessor")
RENTAL PAYMENT SCHEDULE
Payment Numbers Payment Amounts Due
1 - 36 $ 1,438.31
37 - $ 0.00
WELD COUNTY,COLORADO Caterpillar Financial Services Corporation
(Lessee) _ /j (Lessor)
Signature O [/# ) Signature
Name(PRINT) Glenn Vaad Name(PRINT)
Title Chair Title
Date 10/02/2002 Date
EXHIBIT 2 (multiple )
Concluding Payment Schedule to
Governmental Agreement
Dated 8-20 f9-_2Qp2
between
Caterpluar Financial Services Corporation
and
WELD,COLORADO,COUNTY OF
Description of Unit:I Caterpillar 14011 serial number 27.K07891
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.50000% Payment(•)
Aug-20-02 0 55,760.00 0.00 0.00 155,760.00
Sep-20-02 I 55,760.00 1,438.3 584.10 154,905.79
Oct-20-02 2 54,905.79 1438.3 580.90 154,048.38
Nov-20-02 3 54,048.38 1438.3 577.68 153,187.75
De-20-02 4 53,187.75 1,438.3 574.45 152,323.89
Jan-20-03 5 52,323.89 1,4383 571.21 151,456.79
Feb-20-03 6 51,456.79 1,438.3 567.96 150,586.49
Mar-20-03 7 50,586.44 1,438.3 564.70 149,712.83
Apr-20-03 8 49,712.83 1,438.3 561.42 148,835.94
May-2003 9 48,835.94 1,438.3 558.13 147,955.76
Jun-20-03 10 47,955.76 1,438.3 554.83 147,072.28
Jul-20-03 11 47,072.2R 1,438.3 551.52 146,185.49
Aug-20-03 12 46,185.49 1,438.3 548.20 145,295.38
Sep-20-03 13 45,295.38 1,438.3 544.86 144,401.93
Oct-20-03 14 44,401.93 1,4383 541.51 143,505.13
Nov-20-03 15 43,505.13 1,4383 538.14 142,604.96
Dec-20-03 16 42,604.96 1,438.3 534.77 141.701.42
Jan-20-04 17 41,701.42 1,438.3 531.38 140,794.49
Feb-20-04 18 40,794.49 1,438.3 527.98 139,884.16
Mar-20-04 19 39,884.16 1,4383 524.57 138,970.92
Apr-20-04 20 38,970.42 1,438.3 521.14 138,053.25
May-20-04 21 38,053.25 1,4383 517.70 137,132.64
Jun-20-04 22 37,132.64 1,438.3 514.25 136,208.58
Jul-20-04 23 36,208.58 1,438.3 510.78 135,281.05
Aug-20-04 24 35,281.05 1,438.3 507.30 134,350.04
Sep-20-04 25 34,350.04 1,438.3 503.81 133,415.54
Oct-20-04 26 33,415.54 1,438.3 500.31 132,477.54
Nov-20-04 27 32,477.54 1,438.3 496.79 131,536.02
Dec-20-04 28 31,536.02 1,438.3 493.26 130,590.97
Jan-20-05 29 30,590.97 1,438.3 489.72 129,642.38
Feb-20-05 30 29,642.38 1,438.3 486-16 128,690.23
Mar-20.05 31 28,690.23 1,438.3 482.59 127,734.51
Apr-20-05 32 27.734.51 1,438.3 479.00 126,775.20
May-20-05 33 26,775.20 1,438.3 475.41 125,812.30
Jun-20-05 34 25,812.30 1,438.3 47110 124,845.79
Jul-20-05 35 24,845.79 1,438.3 468.17 123,87565
Aug-20-05 36 23,875.65 1,438.3 464.53 122,901.87
Sep-20-05 37 22,901.87 123,362.7 460.89 0.00
TOTAL 175,141.92 19.381.92
(e)Does not include arty rent payment or other amount then due. }/'}�/
Initialed:may_
(Lessee)
Cat Quote Software 8.01 413-429 Page 1 Caterpillar Financial Services Corporation
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as of Auzuat 20. 2002 (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 T paw.
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 by such Constitution and laws to enter into the transaction contemplated
by the Lease and to carry out its obligations thereunder.
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.
4. No further approval,license,consent,authorization or withholding of objections is required from any federal,state
or local governmental authority with respect to the entering into or performance by Lessee of the Lease or the
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 lector 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 constitute a breach or violation of any judgment,consent decree,order,law,regulation,bond,indenture
or contract,applicable to Lessee or result in any breach of,or constitute a default under,or result in the creation of 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.
8. The units leased under the Lease are personal property and,when subject to use by Lessee,will not be or become
fixtures under the laws of the State of Colorado.
9. The authorization,approval and execution of the Lease,the Schedule(s)and all other documents contemplated by
the Lease and all other proceedings of the Lessee related to the transactions therein and contemplated thereby have been
performed in accordance with all open meeting laws,public bidding laws, and all other applicable laws of the State of
Colorado.
10. The Lessor will have a perfected security interest in the Units upon filing with the Secretary of State for the State
of Colorado and/or the of at the time of acceptance of the
Units of an executed UCC-1 or other fmancing statement.
Yours sincerely,
Signs e:
Name(P : Bruce T. Barker
Title: County Attorney
Date: 10/02/2002
Address: 915 10th Street
Greeley. CO 80631
Telephone: (970)356-4000 X4991
...)*Dow.,.. .I,.,,>nI,,,..,,,lASV,
•
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: 933 N 11TH AVE,P.O.BOX 758
GREELEY,CO 80632
Mailing Address: P.O.BOX 758
GREELEY,CO 80632
Equipment Location: 1111 H STREET
GREELEY,CO 80631,WELD
Business Phone: (970)356-4000
Fed. ID ft 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:
r...u.rawniwu
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 or
M u` eTreaaY Caution:lithe issue price is under E700,01b, use Form 8038-GC-
Part I Repotting Authority If Amended Return,check here ► ❑
1 Issuer's name 2 Issuers 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 8/6/02
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 nunbei of officer Or legal represertaUve
Part II Type of Issue(check applicable box(es) and enter the issue price) See instructions and attach schedule
11 0 Education 11
12 0 Health and hospital 12
13 ❑ Transportation 13
14 0 Public safety 14
15 0 Environment(including sewage bonds) 15
16 ❑ Housing 16
17 0 Utilities 17
16 0 Other. Describe ► 18 155,760
19 if obligations are TANs or RANs, check box 1 0 If obligations are BANs, check box ► 0
20 If obligations are in the form of a lease or installment sale. check box ► 0
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
fa)Final maturity date 0)Issue price (c)stated redampfion id)Weighed
price at maturity average maturity k)Yield
21 $ 155,760 $ N/A 3 years 4.50 %
Part IV Uses of Proceeds of Bond Issue (including underwriters'discount)
22 Proceeds used for accrued Interest 22
23 Issue price of entire issue(enter amount from line 21, column(b)) 0 23
24 Proceeds used for bond issuance costs(including underwriters'discount) 24
25 Proceeds used for credit enhancement 25
26 Proceeds allocated to reasonably required reserve or replacement fund 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28 j
29 Total (add lines 24 through 28) 29
30 Nonrefunding proceeds of the issue(subtract line 29 from line 23 and enter amount here). . 30
Part V Description of Refunded Bonds(Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► years
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) - . . 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 7366
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(b)(3)(8)(g(III)(small issuer exception),check box . . . ► ❑
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 1 0
under penalties of perjury.I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
and belief,they are true, ect.and complete.
Sign
Here 1 . ul� >!te9 10/02/02 ' Glenn Vaad. Chair
Signature of($I�iMYounwfi�ed representative Date Type or pint name and title
For Paperwork Reduction Act Notice,see page 2 of the Instructions. Cat.No.637735 Form 8038-G (Rev.11-2000)
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
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease("Amendment") is entered into
effective the day of October,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
aSERVICES CORPORATION
By: / 4 By:
Print Name: Glenn Vaad Print Name:
Title: Chair (10/02/2002) Title:
Caterpillar Financial Services Corporation
INVOICE
Fagtli vUr.�nl'ufi ° r.J�u ,i�'�:. ,Y"/41MNai' 'W '1t w a t
1 9/16/02 92900-1
WELD COUNTY
PO BOX 758
GREELEY,CO 8D632
(1) 140H 22K07891 Upon Receipt.
Caterpillar Motor Grader P 1 51,43831
Sales and Use Tax 50.00
Document Fee
SO 00
Fling Fee $0.00
Stamp Fee
50.00
Other Fees
50.00
Payment Due: 9/20/02
RETURN PAYMENT COPY AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED
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 T (WILL BE CHARGED.
PLEASE PAY THIS AOUNT $ 1,438.31
M
WELD COUNTY
PO BOX 758 raft == f �bk�Jc,�i': ',.,_7 'r' t,� ioylrnebatc
GREELEY,CO 80632
Make Checks Payable To: Caterpillar Financial Services Corporation
Remit To: Wagner Equipment Co
Attn: Power Hughes
18000 Smith Road
Aurora,CO 80011
BRUCE Barker Cat Lease Page 1
From: BRUCE Barker
To: Hanes, CLAUD; Warden, DON
Subject: Cat Lease
I see three problems. First, Section 5 of the lease and the letter they want me to sign states: "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." I have no clue whether this correct or not.
Second, Section 6 has the County paying any taxes incurred by the Lessor, except for net income. The
concern there is that we don't know what taxes the Lessor might be subject to with respect to the"Unit." I
doubt there is much, if any, but we don't know for certain. Finally, Section 8 requires the County to
indemnify. As I recall that lease from Fort Collins, we objected to indemnifying and they then asked us to
add them as "additional named insured,"which we did. We probably ought to do the same here.
Otherwise, the lease looks OK. Bruce.
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