HomeMy WebLinkAbout20030191.tiff RESOLUTION
RE: APPROVE LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER#2ZK08069,
WITH AMENDMENTS, AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - CATERPILLAR FINANCIAL SERVICES CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease-Purchase Agreement for a
Caterpillar Motor Grader, with amendments, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, and Caterpillar Financial Services Corporation, commencing upon full
execution, with further terms and conditions being as stated in said Lease-Purchase Agreement
and amendment, and
WHEREAS, after review, the Board deems it advisable to approve said Lease-Purchase
Agreement and amendment, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Lease-Purchase Agreement for Caterpillar Motor Grader
#2ZK08069, with amendments, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public
Works, and Caterpillar Financial Services Corporation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents.
2003-0191
EG0047
00: 4Ic(L ujEU
LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER#2ZK08069 - CATERPILLAR
FINANCIAL SERVICES CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of January, A.D., 2003.
BO RD OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
ATTEST: I� / IE z��` 6
��.,. avid E. Long, Chair
Weld County Clerk to th
Robert D asden, Pro-Te
Deputy Clerk to the Bo /k
M. J. Geile
R ED AS71 2 EXCUSED DATE OF SIGNING (AYE)
Willis H. Jerke
n ttorn Lug 4
Glen Vaad
/
Date of signature: 42.1
2003-0191
EG0047
CATERPILLAR FINANCIAL SERVICES CORPORATION" GOVERNMENT A E•PU CHASE AGREEMENT
Dated as of0-3
•
LESSEE: WELD COUNTY,COLORADO LESSOR: CATERPILLAR NANCI L SERVICES CORPORATION
"A political agency or subdivision of the State of Colorado' ��'•••
re ADDRESS: 933 N I ITH AVE ADDRESS: 2120 West End Avenue K_ ray
P.O.BOX 758 I1 a v D�
GREELEY,CO 80632 Nashville,TN 37203
Lessor,in reliance on Lessee's selection of the equipment described below("Unit"or'Units'),agrees to acquire,lease,let and sell the Units to Lessee,and Lessee agrees to
rent,lease,hire and purchase the Units from Lessor.
Description of Unit(s) Serial#
( )New 140H Caterpillar Motor Grader 2ZK08069
•
ACCEPTED. ACKNOWLEDGED
AND CERTIFIED BY CATERPILLAR
•
FINANCIAL SERVICES CORPORATION
AS THE ORIGINAL,
iBY: Sc.� a�'
1'ITa :'EXECt T)lie bci PRESIDENT
Location of Unit(s): GREELEY,CO
GREELEY,CO 80632,WELD
Payment Schedule attached. Lease Term:36 Months Utilization Date:February 10,2003
PAYMENT PROVISION:
Lessee shall pay to Lessor payments(including the principal and interest portion)in 36 consecutive monthly installments commencing eZ/d 71/43
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 or the fiscal year for which appropriations were received without penalty or expense to Lessee,except as to the poNOns 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 arc appropriated to it or by it for the acquisition,retention or operation of the Units or other
equipment performing functions similar to the Units fur 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 renamed 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 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, 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,unaafely 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
spec tied 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 oftheir 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 al 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 z «>Q
�t J d By Bill f1Sc2�howaltteerr
ictigName(PRINT)David E. Long Name(PRINT) 1I_lietta
Title Chair, Weld County Board of Co®issioners Title Documentation Manager
•
Dam 01/15/2003 Date
FED 27 axe
2003-0191
•
S. LESSEE'S REPRESENTATION AND WARRANTIES: Late!repretmts and wanann to lessor that(a)Lena is a fully constituted political subdivision or agency duly organized and'
existing under the Constitution and laws of die slate where the Unite will be located;(b)Lessee has the power to enter Into and peninml this Lease and has liken all necessary and appropriate action
go mNOrie the execution.delivery and performance hereof;(c)this Lease constitutes a valid and legally binding and enforceable obligation of Lessee;(d)the ieteml Payable by Lessee hereunder
is excludable fmm inane for Federal income Madan purposes pursunt to Section 103 of the Internal Revenue Code of lash,as amended(the'Code');and(e)'Lutee has sufficient
appoprations mother funds available to pay all'mounts due hereunder forth.current fiscal yen end reasonably believes that funds can be obtained sufficing 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 nandm. Lessee acknowledges and agrees that the payments have been calculated
by Lessor assuming that the intent potion attach psymeM is esclldabkfrom gross income for Federal income taxation purposes. Lessee represents,warrants and covenants that(a)Lessee will
comply winds intentness repomng,requireients of Section I49(e)of the Code.as the slnte may be amended from time to time,and such compliance shell include but not be limited 10 the
caution of infamatim aGknunu masted by Lessor,(b)Lessee will not do or cause to be done any sea which will cause,or by omission of any act allow,the Lease to be an arbitrage bond
within the meaning of Section 141(0)of the Code;(c)Lessee will rot do or arse to be done any act which will cause,or by omission of any rat allow this Lease to be e private activity bond within
the meaning of Section 141(a)of the Code;(d)Lessee will tinily pay to the extent of available funds,amounts required to be rebated in the United States pursuant to Section 105(1)of the Code;(e)
Lessee will rot do orcause to be done soy act which wig cause or by omission ofmyaes allow,the interest portion of the payments to be or become includable in grass income for Federal income
taxation purposes wrier the Code;and(I)Lessee will be the exclusive owner.um and operator of the Units.Lesser shall amide to Lessor an opinion of counsel substantially in the farm attached
hereto.
6.TAXES: Lessee agrees to promptly pay or mininue lessor for all fees and axes of any nature,together with any penalties.pond or additions to tax,or interest flacon(all of the foregoing
hereafter the'lnposinkaf),arcing at any rime prior to,during to subsequent to the Lease tern and levied by any axing authority with respect to or In connection with any UniL excluding.
however,vexes insured by Lessor's net Income(of but not excluding any net income axes which,by the term of the statue imposing such lax,expressly relieve Lessee or Lessor Born the payment
of any Impositions which Lessee would otherwise he obligated to pay or reimburse). If Lessor is not entitled to a Cmtpuding and equal drducisn with respect m any Imposition which Lessee u
required to pay or reimburse and such payment or reimbursement constitutes income to lessor,then Lessee shall also pay to Lessor the amount of any Impositions which Lessor is obligated as 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 unmet atisfacmry m Lessor.any
reports or crams which may be required with respect to the Units Fn purposes of this Section,'Lessor shall include any affiliated pnup,within the meaning of Section 1504 of the Code.of
which Less is a member foe any year in which a consolidated or combined inure tax mum is filed fee the affiliated group.
T. 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.daring or subsequent to(until the Unit is tetumed to Lessor pursuant to Section 10)the lease arm,and foe injury to or death of any person or damage to any property in any
manner sing out of or incident to the possession.we,operation,condition or stout of the Unit. If any Unit henna damaged,from any cause whatsoever.Lessee shall give Lessor prompt
notice thereof. If lessor reasonably dcamtines that such damage is not irreparable.then Lessee shall,at its expense,promptly restore the Unit to the condition required by Section 4 above.If any
Unit becomes worn out,loot stolen,destroyed or irreparably damaged(as reasonably deamtined by Lessor)front any cause whatsoever,or ohm by condemrusion or otherwise(any such
occurmee heifer a"Casualty Oceunlee')prior to,during or subsequent 10(until the Unit is tamed to lessor pursuant to Section 10)the Lease arm Lessee shall give Lessoe prompt notice
thereof. In the event of a Casualty Occurrence,Lessee shall pay to Lessor,on the earlier of(e)the fro rennin dale following such Camilty Occurrence no(b)Niny(30)days following such
Casualty Occurrence.a sen(the'Termination Value")equal in(a)the'Beginning Balance'(as specified in the attached Payment Schedule)as of the next payment doe following such Casualty
Occurrence.plus(b)the among of the interest pardon(as specified in the Payment Schedule)of the next payment due following such Casualty Occurrence multiplied times a fraction the numerator
of which is the number of days from the tat of(a)the Delivery Date of the Unit or(b)the due date of the payment imnd''gly pealing such Casualty Occumnn until the due dale of the
payment due hereunder in respect of such Casualty Occurreme 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 led then$1,000,000 for combinedcoverage for bodily
injury and pmpeny damage.All insurance shall(a)be in uform and with such companies as Lessor shall approve.(b)specify Lessor(or its designee)and letter as named insureds(c)be primary.
without right of contribution Boo any other insurance carried by Lessor.(d)Provide that such insurance may not he cancelled or altered so as to affect the interest of Lead without as lent thirty
(30)days'prior written notice to lead,and(e)name Lessor(or its designee)as loss payee and be payable solely to Lessor. Lessee agree to notify Lessor of any occurrence which may become
the basis of an inhumee claim hereunder and not to make any adjustments with insures without Lessor's prior widen consent Lessee hereby inerocebly appoints Lessor its anoney.in-fact to
naive payment eland endorse all checks and other documents and to lake any other actiam necessary to pursue insurance claims.Pero to the finm Delivery Date of any Unit,Lessee shall delivery
to Lessor adsfacmry evidence of such insurance coverage.
L 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 DEPENDING 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 Leaser when due;(b)any
representation or wannty of Lena contained herein Or in any document famished to lessor in connection hmwith shall be incorrect or misleading who made;(ci Lane.shall fall to observe or
perform any other covenant,agreement or wananty made by Lessee hereunder end such failure shall continue for ten(10)days after written notice thereof to Lessee;(4)Lessee shall fail to make
any payment on its bonded indebtedness when due;or(e)there shell be adefault by Lessee under any other agreement between Lessor and Lessee. If any Event of Default shall occur.Lessor.et its
option,may(a)proceed by appropriate coon adonis)to enforce this lease or to toner damages for the Meech thereof;(b)by notice in writing,Lessee.geminate this Lease,but Lessee shell
remain liable as hereinafter provided,and there mpon Lessor may,at its option do any one or more of the(Miming,(dl)recover forthwith from Lessee(ii any and all',venom Jon due under this
Lease or which may have accused to the date of such termination.(ii)as damages for loss of the bargain end not as a penalty,s sum gal to the payments due with reaped to the Units and
additional security during the balance of the finest year.and(iii)any additional damages end expenses susuired 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-3)enforce the security interest given hereunder,(b-3)without notice,liability or legal process,enter upon the
premises where any of the Units or additional security may be and cake possession thereof,and(bd)requite Lase to mum the Units and additional semidry as provided in Section 10. Lessor deli
have all right;given as a secured party by law. Provided Lessee receives possession of the Units and additional security following an Event of Default.Lessor my.at ita option,undertake
corrunettially reasonable effort to sell or release t c Units and additional security,and the proceeds of any such sale or redose shall be applied; first,to reimburse Lessor for all reasonable
expenses of retaking holding,preparing for ale or mkase and selling or re.leasing the Units and additional secumy,including all taxes and matabk attorneys fees and expenses;second.to ate
extent nog previously paid by Lessee to pay lessor all amounts,except lase specified below,which under the terns of this Lease Pre due or have armed in ofthe date of Lessor's receipt of aid
proceeds;than to pay all late paynsenl charges pusanl to Section 2 hereof;and found.to pay Lessor the applkabk Termination Value with respect to the Unite. Any surplus shall be paid to the
person entiIed them,. Lessee shall prompty pay any deficiency to Lessor. Lessee acknowledges that ales hr cash or on credit to a wholesaler,retailer or user of the Units art all commercially
reasonable. Lessee agrees to pay all reasonable attorney's fees and all costs and expenses intoned by Lessor in enforcing this Lease. The remedies herein provided shall be cumulative and in
addition well other rttrdies at law of in equity:provided,however.Lessor shall not be entitled to recover a greater amok«in damages than Lessor could have gained(trough Lessee's full,timely
and complete pe?nce under this Lease,plus all fees,costs and expenses incurred by Lessor in enforcing this Lease and all late payment charges punant to Section 2. If Lessee fails to
perform any of its obligations under this Lease,Less r may(but need not)at any time thereafter perform such obligation.and the manses Incurred in connection therewith shall be Parable by
Lessee upon demand
10. RETURN OF UNIT: Upon any temdmtion of the tem of this Laa with respect to each Unit or if Lesson shall rightfully demand possession of any Unit Lessee.at its expense.shall
forthwith deliver the Unit 0 Lessor.appropriately'Protected and in the condition required by Section 4.at option of Lessor,to the premises of the nearest Caeepilar dealer selling equipment of
the soma type as the Unit,or on board such canner as Lessor shill specify and shipping the same,freight collect.to the destination designated by Lessor. If the Unit is not in the condition regdd
by Section 4.Lessee shall pay as Lessor,on demand,all costs and expenses hncutd 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 Font 1038-G,BolB-OC or tOlg whichever is applicable. Failure to do so will aloe the Lease to
lose its us exempt amt. Lessee aped that if the appropriate foram is not filed,the interest gate will be ndjaled to as equivalent taxable Inheres rate.
I).TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee hes accepted each Unit on its delivery date;R)the Delivery Dale of the Unit is on or prior to the
Credit Utilization Date noted on the face hereof;and(c)no Event of Default exists as of the Delivery Date of the Unit tide to each Unit hall vest in Lessee on the Delivery Dale of the Unit
provided.however.that in the event(i)this Loose is terminated passant to Section 1 hereof,or(ii)an Event of Default has accurmd and is cominuing,tole to the Unit shall immediately levels in
Lesser,fm of any right.dale and interest of lessee,unleu Lessor elects otherwise in writing. Lessee'gently grants to Lessor a continuing amity interest in the Units,including all attachments,
ateamies and optional hams(whether or not installed thereon)and all subatilutlms.replacements, Witham and accessions thereto,and all proceeds of all of the foregoing.including SP not
limited to,proceeds in the form of chattel paper to secure the payment of all sums due. Lessee will,at its expense do any further act and execute.acknowledge,deliver,file,neginer and record any
fuller documents which Lessor may reagabk request in order to protect Lssoh sanity intern in the Units and Lessor's rights and benefits under this tease.Lessee hereby appoints Lessor as
Latch!.nem:i'acs:Cm the ob^m-^and.f.!ins af:uch da:amene sod tu'.ks t terser m de!cg_a these h,'"d;riven.Leer Leer«fun« w and warrants ro Leaser Mt Lowe is and
s
shall remain a Governmental legisteted in the state oft()("Business Location");and Lessee will not change its fon of business Organialim 0r Baitna Location without prior wdtaen notice to
Lessor.
U.ASSIGN SI ENT;COUNTERPARTS:Without the prior urinal consent of Lessor,no assignment of O'i Lease or any right or obligation hereunder maybe made by lessee or any assignee of
Lessee. Lessor may not assign is right title and Interest in and to this Lease sod the Unia andor grant or assign a security unrest in this Late cad the Units in whole or in pan. Although
multiple counterparts of this document maybe signed,only the counterpart accepted,ackmwkdeed and certified by Caterpillar Financial Services Corporation on the signature page thereof as the
Donut will coastimta original chapel paper.
IL EFFECT OF WAIVER: No delay or omission to exercise any night or remedy accruing to Lessor batman shall impair any such right or remedy nor shall in be canspued to be a waiver of
any breach or default of Lessee, Any waiver or consent by Lessor under this Lease mat be in writing specifically sea fonh. This Leese completely rtes to rights of Lessor and Lessee with
respect to the Units and supersedes all prior agreements with respect thereto. Time is of Oxman'of this Lae. No variation or modification of this Lease shall be valid unless in writing and
signed by the authorized representatives of Lessor and Lessee. All nodal hereunder.lull be u writing,addressed to each pony at the address set forth on the front of this Lease or at such other
addicts as may be famished in writing. If any provision of this Lease shell be invalid carder any applicable law,such provision shill be deemed maid but the maiming provisions shall be given
effect.All obligation of Lessee under this Lease Sall survive the expiration or temdation of this Lease to the extena required for their full observance and performance.
IS. GENERAL:This Lease shall be governed by and cosnued under the laws of the State where the Units are located.
- ff.
EXHIBIT 1 (multiple assets)
Concluding Payment Schedule to
Governmental Agreement
Dated ,10_
between
Caterpillar Financial Services Corporation
and
WELD COLORADO,COUNTY OF
Description of Unit I Caterpillar 14011 serial 0 2ZK08069
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.55000% Payment(')
Dec-03-02 I 155,760.00 1,438.31 0.00 154,321.69
Jan-03-03 2 154,321.69 1,438.31 585.14 153,468.52
Feb-03-03 3 153,468.52 1,438.31 581.90 152,612.11
Mar-03-03 4 152,612.11 1,438.31 578.65 151,752.45
Apr-03-03 5 151,752.45 1,438.31 575.39 150,889.53
May-03-03 6 150,889.53 1,438.31 572.12 150,02334
Jun-03-03 7 150,023.34 1,43831 568.84 149,153.87
Jul-03-03 8 149,153.87 1,43831 565.54 148,281.10
Aug-03-03 9 148,281.10 1.438.31 562.23 147,405.02
Sep-03-03 10 147,405.02 1,43831 558.91 146,525.62
Oct-03-03 11 146,525.62 1,43831 555.58 145,642.89
Nov-03-03 12 145,642.89 1,438.31 552.23 144,756.81
Dec-03-03 11 144,756.81 1,438.31 548.87 143,867.37
Jan-03-04 14 143,867.37 1,438.31 545.50 142,974.56
Feb-03-04 15 142,974.56 1,438.31 , 542.11 142,07836
Mar-03-04 16 142,078.36 1,438.31 538.71 141,178.76
Apr-03-04 17 141,178.76 1,438.31 535.30 140,275.75
May-03-04 18 140,275.75 1,438.31 531.88 139,36932
Jun-03-04 19 139,369.32 1,438.31 528.44 138,459.45
Jul-03-04 20 138,459.45 1,438.31 524.99 137,546.13
Aug-03-04 21 137,546.13 1,438.31 521.53 136,629.35
Sep-03-04 22 136,629.35 1,438.31 518.05 135,709.09
Oct-03-04 23 135,709.09 1,438.31 514.56 134,785.34
Nov-03-04 24 134,785.34 1,438.31 511.06 133,858.09
Dec-03-04 25 133,858.09 1,438.31 507.55 132,927.33
Jan-03-05 26 132,927.33 1,438.31 504.02 131,99304
Feb-03-05 27 131,993.04 1,438.31 500.47 13 L055 20
Mar-03-05 28 131,055.20 1,438.31 496.92 130,113.81
Apr-03-05 29 130,113.81 1,438.31 493.35 129,168.85
May-03-05 30 129,168.85 1,438.31 489.77 128,22031
Jun-03-05 31 128,220.31 1,438.31 486.17 127,268.17
Jul-03-05 32 127,268.17 1,438.31 482.56 126,312.42
Aug-03-05 33 126,312.42 1,438.31 478.93 125,353.04
Sep-03-05 34 125,353.04 1,438.31 475.30 124,390.03
Oct-03-05 35 124,390.03 1,438.31 471.65 123,423.37
Nov-03-05 36 123,423.37 1,438.31 467.98 122,453.04
Dec-03-05 37 122,453.04 122,917.35 464.31 0.00
TOTAL 174,696.51 18,936.51
(•)Does not include any rent payment or other amount then due.
Initialed:
(Lessee)
Cat Quote Software 8.01 458-782 Page 1 Caterpillar Financial Services Corporation
•
DELIVERY SUPPLEMENT
This pertains to the Lease,dated as of 3 i / o3 ,between Caterpillar Financial Services
Corporation as Lessor and WELD COUN ,COL RADO 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:
(l) 140H New Caterpillar Motor Grader
2ZK08067
Location: GREELEY,CO
County: WELD
Equipment Located: Inside or Outside_City Limits
Possession Date:
WELD CO ,COLORADO
Signature
Name(PRINT)David E. Lon
Title Chair
Date 02/03/2003
CATERPILLAR FINANCIAL SERVICES CORPORATION("CFSC") Page 1 of 2
CONSTRUCTION EQUIPMENT APPLICATION SURVEY
Customer Name:WELD COUNTY,COLORADO Location:GREELEY,CO,GREELEY,CO 80632
Make: Caterpillar Model: 140H Quantity: 1 Serial Number: 2ZK08069
Monthly Usage: 125 Current Hours:0 Dealer: WAGNER EQUIPMENT CO. Dealer Location:DENVER,CO
IMPORTANT INFORMATION *****
RESIDUAL EXCEPTION REQUESTS muse be submitted to the CFSC for the following applications:landfill,transfer and recycling
stations; demolition,scrap yards and steel mills;salt,chemical,and corrosive environments such as feed lots,dairy farms,rendering
plants,mushroom farms,fertilizer and lime handling,salt water areas and all hazardous waste handling;dusty or poor underfoot
conditions;all underground mining applications. Any applications requiring unusual attachments,equipment modifications or have
non-traditional use of the equipment Any transaction with five or more of one model.
Please COMPLETE THE ENTIRE SURVEY for all transactions including any of the above applications.
MAJOR ATTACHMENTS (Check all that apply) :
_❑ 4 Wheel Drive ❑ Slope Board ❑ Pallet Forks O Landscape Rake U Concrete Crusher
❑ Auger ❑ Tiller O Rotator O Metal Shear O Fools
❑ Cab Riser ❑ Ao-'s Platform O Snow Plow ❑ Ride Control O Long Reach Stick r
I O Delinber O Block Forks O Top Clamp O Saw Head ❑ Mower
❑ Generator O Cold Planer O AV Conditioner O Solid Tees O Ripper
❑ Lumber Forks ❑ E-Stick O Broom ❑ Trencher O Shear Head
❑ 0Hf Body Liner ❑ Grapple O Compactor ❑ All Wheel Steer ❑ Special Rims
❑ Rotasaw O Magnet ❑ Feller Buncher ❑ Cab ❑ Winch
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ 'PAT Blade O Side Dump Bucket ❑ Landfill Bucket ❑ Chip Blade _❑ Angle Blade
O Bottom Dump Bkt O .81.1"Blade O GP Bucket ❑ Coal Blade
❑ Ejector Bucket O Carry Dozer Blade O Slag Bucket O Multi-Purpose 813 ❑ High Volume BM
❑ Landfill Blade ❑ Front Dump Bucket O '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
❑ Landscape Construction—Commercial,Residential O Forest Products•Mill and Yard Operations
❑ Mining—Metals•Copper,Gold,Iron.Lead.Silver,Underground.Uranium,Zinc ❑ Industrial—DairylMuslvoom Farm.Demolition,Feed Lot FertilzerlLime Handling,
Landfills,Rendering Plants,Scrap Handling,Steel Mia,Transfer Stations
❑ Mining—Non-Metals•Clay,Coal,Oil Sands,0J Shale,Peat,Underground ❑ Governmental.Road Maintenance,Snow Removal
❑ Petroleum&Gas-Exploration and Development,Pipeines ❑ Rental Services•Rental Fleets i
This application survey Is considered to be an integral part of the lease between the Lessor and Lessee. The kdonmation obtained from this survey will be of primary impedance in the lease payment
schedule. Any change In the location,seventy of application.annual hourly usage andlor 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: 01/1 X003\nI Date:
Signature: Signature:
Print Name: David E. Long Print Name:
Title: Chair, Weld County Boa d of Commissioners Title:
Company:GF.T.D COUNTY Company:
CFSC Reviewed by:
MANDATORY CONDITION OF EQUIPMENT UPON RETURN: Page 2 of 2
Not withstanding the provisions of(check appropriate box):
0 Sections 4 and 9 of the Master Tax Lease ❑ Sections 5 and 12 of the Finance Lease
0 Irons 4 and 9 of the Master Finance Lease R ❑ Sections 5 and 13 of the Long-Term Rental Agreement
Sections 4 and 9 of the Governmental Lease-Purchase Agreement
Lessee agrees that each Unit,upon its return,shall:
MAMENANCE AND GENERAL REQUIREMENTS • Ensure all window glass is clear, and free from cracks and major
pits, al window
• Give the Lessor sixty(60)days notice prior to the Lease termination dale of Lessee's frames, doors and weather stripping are complete, and al service access
intention to return any and all units to the Lessor. compartment covers and doors,fenders,and other flat metal or plastic surfaces are in
• Return the units in the same configuration,with al 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 Caterpilar and non-Caterpillar safety items are compete and in
taxes and duties associated with tear down,loading,shipping and oibadirg of units to good working order,including but not limited to.roll over protection(ROPS)and falling
a site designated by the Lessor. object protection(FOPS)systems,seat belts,steps,safely rails,grab irons,cat walks,
• Ensure the units upon return are thoroughly cleaned,steam cleaned if available,and lire suppression systems,waning alarms,cameras and monitors.
free from all oft,hydraulic and fuel leaks. • Ensure all electrical components,including but not limited to,wiring harness,batteries,
• Operate and maintain all units In accordance wih Caterpillar Lubrication and alternators,drive belts,lighting and air conditioning systems are complete and in good
Maintenance and Operators guide books,and insure all maintenance Is performed at working order.
recommended intervals and only genuine Caterpillar filters and parts are used for al • Ensure all repairs made to main structures.including but not invited to,main tames,
maintenance and repairs. All units must be in good operating condition and be able roller frames,car bodies,swing gears,drawbars,dries,component housings,loader
b perform all tasks under rated had. arms, booms,sticks, tag lints, loader inkages, truck bodes, 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 he entire term of the lease,and Insure all fuels, repay procedures.
ubricents,oddities,and radiatorwater Is clean and complies Mt Caterpillar
recommended standards. REMAINING LIFE REQUIREMENTS:
• Ensure attunes are operated only in the applications for which they were designed and • Ensure al ground engaging tools,including but not limped to,buckets,dozer blades,
manufactured. base cutting edges,rippers,scarifies,drums,feet,tines,screeds.elevator fights,
• Maintain a working engine hour meter at all limes. Keep complete records of all hour forks,and top damps have good structural integrity and have filly percent(50%)
meter changes along with major component change outs and routine maintenance and minimum remaining life.
repay records. • Return all track and rubber belted units with a minimum of fifty percent(50%)
• Ensure all service contracts are fully implemented and al maintenance and repairs are remaining life on each and every component including but not limited to,track shoes,
made on schedule. Product Improvement Programs(PIP's)must becomclete before lilts,pins,bushings,idlers,bogies,sprockets,carver rollers,and back rollers. Deis
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 Of grouser bars(lugs). Charges will be assessed for each component not
PROGRAMS. meeting tie requirement
• Provide a secured place to store off-lease units upon request from the Lessor. • Return all rubber tire units with a minimum of fifty percent(50%)remaining life of he
Provide access to the units for purposes of maintenance or demonstration to original tread life of each tire. Recapped tires me nol acceptable substitutes.Al tires
Prospective buyers at Lessor's request must be a matched set with the same tread type and r pattern and
havempno om significant
his
cuts orchunking of the tread orside walls. Skid Steer tires are exempt from his
SPECFIC TINWARE AND SAFETY REQUIREMENTS: provision,
• Ensure the operator's compartment is clean, and all switches, monitoring systems
(EMS,VIMS,VIDS),gages,control levers,pedals,radio,mirrors,seats,Insulation and
all other contents are complete and In good wordng order.
LESSOR RETAINS THE RIGHT TO ASK FOR ANY AND ALL REPAIR AND MAINTENANCE RECORDS DURING TIlE 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.
_ —tea — —...--
REMEDY FOR RETURN CONDITIONS:
Lessee will he 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:
The model listed and equipped as stated above will be operated an estimated total of /RC hours per month over a term of 36. months for total usage
during the leasing term of pc, hours. This total usage combined with any accumulated hours prior to the Lease inception date,as stated above under
current hours,will be the t tal allowable machine hours for the life of the Lease and the basis for any overuse charges_
TotalLease Hours 44-80 +Current Hours 0 -Total Allowable Machine Hours ,sDo
OVERUSE CALCULATION:
In addition to the Lessor's other rights hereunder and not in lieu thereof,Lessee shall pay Lessor additional rent for each hour in excess of the
Total Allowable Machine Hours established for the Lease as stated above. This hourly rate shall be$14.88 per hour. Please note:To avoid
overuse charges,notify Cat Financial immediately of any increase in machine usage that will cause the total usage to exceed the"Total
Allowable Machine Hours" as stated above. The Lease contract will be adjusted to reflect the correct hour usage.
EQUIPMENT;,
(I)140H New Caterpillar Motor Grader 2ZK01069
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 equipment's replacement value. The deductible
must be shown.
Liability Coverage of a minimum of$1,000,000 or combined coverage for bodily injury and property damage per occurrence.Caterpillar Financial
must be named as additional insured.
Please notify your agent for the proper coverage,and list his name and location below. Our representative will follow up for confirmation of this
coverage. nn G
INSURANCE AGENTCO P T S lt/Gucy�.POOL 0 t CONTACT PERSON: `f h C Io vr.a h
ADDRESS: 1700 Boa Amin--1 '44 )51O PHONE NUMBER: 303- P 61- o -o7
t\lcvi tie e) CO .
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
u4TflIa1534,I Pr
•
•
Physical Damage Insurance Selection
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below.
The insurance may be provided through an insurance agent or insurance company of your choice, provided the
insurance company satisfies minimum financial requirements.
As an alternative to obtaining your own insurance,you may elect to have your equipment insured under a master policy
arranged by Caterpillar Insurance Services Corporation that has been designed specifically for the purchasers of
Caterpillar equipment and issued to your Caterpillar Dealer and Caterpillar Financial Services Corporation by
American Zurich Insurance Company.
Model# Equipment Description Value Pymt Method-I Pymt Method-2
Serial# Including Tax Total Premium Finance Pymt
A.140H Caterpillar Motor Grader $155,760.00 $5,607.36 5166.30
2ZK08069
B.
C.
D.
Option A Arranged by Caterpillar Insurance Services Corporation
I elect to insure my equipment under the Caterpillar master policy. I understand that the total insurance premium for 36
months will be$5,607.36,which is$1,869.12 per year based upon the total equipment value of$155,760.00.
Method 1 I will pay the total premium and return it with the signed equipment documents. Please make check
payable to Caterpillar Insurance Services Corporation, Attn: Insurance Billing, 2120 West End
Avenue,Nashville,TN 37203.
Method 2 I will pay the insurance premium, including finance charges, of$166.30 per scheduled equipment
payment. The finance charge is calculated at 4.55% per annum on the total insurance premium
covering the full term of the finance agreement.
Method 3 I desire coverage for an initial 12—month term. I will pay the$1,869.12 premium and return it with
the signed equipment documents. Please make check payable to Caterpillar Insurance Services
Corporation,Attn: Insurance Billing,2120 West End Avenue,Nashville,TN 37203.
You may terminate this coverage with advance written notice at any time.
Company Name: WELD COUNTY,COLORADO
By:
Print Name:
Title:
Date:
Please note: If you have any questions or need additional details,please contact 1-800-248-4228.
Fan No.cISCINSFJI02 Male Code Elsa 440324 01/03.2003 5:r4:21 FMCI
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 he 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 d'
David E. Long, Cha r Weld County Board of Commissioners
Fawn No.CISCINSF.4/02 Drier Code 6250 44804901114/20033;42:39 PMCT
FEB-04-2003 1409 FROM WAGNER EQUIPMENT - CREDIT TO 919703046497 P.02/04
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.
oepamem d font tmmun Caution.If the issue price is under 5100.000, use Form 8038-GC.
leume ec,mue sm ee
Can Reporting Authority If Amended Return,check here ► ❑
1 Issuers name - 2 Issuer's employer identification number
Weld County Colorado 84 6000813
3 Number and street(or P.O.box if mail is not delivered to street address) Roornfsuite 4 Report number
PO Box 758 3
5 City, town,or post office state.and ZIP code 6 Date of issue
Greeley, CO 80632 _ 2-24-03
7 Name of issue a CuSIP number
9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of data or legal representative
( )
Part II Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
11 ❑ Education 11
12 O Health and hospital 12
13 ❑ Transportation 13
14 0 Public safety 14
15 ❑ Environment(including sewage bonds) 15
16 ❑ Housing 16
17 0 Utilities 17
18 Other. Describe Eq.,irmeR* 18 15
® I*19 If obligations are TANS or lFANs. check box ► 0 If obligations are BANS, check box ► ❑ �
20 If obligations are in the form of a lease or installment sale. check box ► /�//// A.
Part Ill Description of Obligations. Complete for the entire issue for which this form is being filed.
(e)Final maturity date (b)Issue price (C)aredaredemption ty (di Weighted (e)Yield
21 $ 155,760 $ 3 years L. 55 95,
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)) 3
24 Proceeds used for bond Issuance costs flncluding underwriters'discount) . 24 p
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 Nonrefundino 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
38a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) ,3366a
b Enter the final maturity date of the guaranteed investment contract lei %//
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)(3HB)(q(lll) (small issuer exception), check box ► O
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 ► 0
under penakios or penury.I declare that I have examined this return and accompanying schedules and statements,and to the best of my wno'Medge
end belief. re CM Cc),true. et. wmRlete.
Sign
re �( �
He cp' ''Z' L ♦'C3 Dave Long, Chairman BOCC
Signature Of Batters authorized repr +ta Date Type or Oat name and WmFor Paperwork Reduction Act Notice, see pag/ 2 of the Instructions. Cat.Na 637733 rein 8038-G (Rev. ii-comb)
Y ®
,730-3 ,. Di Q (
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
RESOLUTION
BE 1T RESOLVED by The Board of Commissions of WELD COUNTY,COLORADO as follows:
THAT David E. Long. Chair. Weld County Board of C0+mmio i one Aiuthorized Signator) is
authorized to enter into a Lease-Purchase Agreement with Caterpillar Financial Services Corporation to obtain:
(I)14011 New Caterpillar Motor Grader 2ZK08069
for the total price of$155,760.00 with balance,plus interest in consecutive monthly installments,all in accordance with
the Lease-Purchase Agreement attached hereto,and made a part hereof.
THAT the Clerk is hereby directed to attest to the authorized official's signature.
Adopted this 15th day of January ,20 03 .
Votes by Governing Body: J
(Authorized Signature)
1. YES :1
o art Mead n
2. YES _ Attest: ,1-�
3. YES �/ . ✓ �/ / �:C7�lc?
1 i am e (Clerk) Deputy Clerk .. ._'
' ( 4
4. YES i / _.J./� �, .. i
.
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governm Le -Purchase reement
Dated as of (the"Lease")
Between Ca la an ' Corporation("Lessor")and
WELD COUNTY, OL O("Lessee").
Sir/Madam:
I am an attorney for Lessee, and in that capacity I am familiar with the above-referenced transaction,the IPacn,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 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-I or other financing statement.
Yours sincecely,
Signature:
t
Name(P ): Bruce T. Barker
Title: County Attorney
Date: 01/15/2003
Address: 915 10th Street
•
Greeley, CO 80631
Telephone: (970)356-4000 X4391
•
Ye.>4OOY19 1a124 uI ' u,.M.,f•%T
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: GREELEY,CO
GREELEY,CO 80632,WELD
Business Phone: (970)356-4000
Fed.ID#or SS#: 846000813
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate: 0
(Please note:Sales Tax
Rate,includes all
applicable State,County,
and City sales tax)
City Limits Asset outside the City Limits?Yes_No_
Tax Exemption Status Please indicate if you are tax exempt.
If you are tax exempt—please enclose a current
tax exemption certificate to be returned with
your documents—Not needed by CFSC If dealer
ISC
Other Information:
hcc .fNFKk.4V'W .YlM0,w2o0,]UI IMfr
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease("Amendment")is entered into effective the
day of January,2003,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 f• a7 , 2003 (the
"Lease") for the lease of certain equipment consisting of
(S/N: ).
NOW,THEREFORE, in consideration of the mutual covenants contained herein,and
other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged, the parties hereby amend the Lease as follows:
Section 5- LESSEE'S REPRESENTATION AND WARRANTIES: Clause(d)of this
section is hereby deleted in its entirety.
Section 6 - TAXES: The following sentence is hereby added to the end of this section:
"This section is meant,primarily, to cover property or other incidental taxes that may be assessed
on the equipment by some local or state governmental entity,which is located in the State of
Colorado. It rarely, if ever, has to be utilized.
Section 8 WAIVER AND INDEMNITY. The words "if allowed by law" are added at the
end of the first and last sentences of this section.
Except as expressly amended herein, all other terms and conditions of the
Lease remain unchanged and the Lease is in full force and effect.
IN WITNESS WHEREOF,the parties have entered into this Amendment effective the
day and year written above. •
Lessee: Lessor:
WELD COUNTY CATERPILLAR FINANCIAL
SERVICES CORPORATION
By: By: Bill Srhnwatter
Print Name: David E. Lon Print Name: „ prt, e
Documentation Manager
Title: Chair (01/15/2003) _ Title:
co• F• cN-
Attest: ,�. . .,� .� 1 \
/ 1..i• l ]��, ■
By:
f ,,• "
Deputy Clerk to thy«
Q! 1�
Caterpillar Financial Services Corporation
INVOICE
Pale Date ' IpYNeeNa
1 01/03/2003 LSAP-4403241
WELD COUNTY,COLORADO
933 N 11TH AVE
P.O.BOX 758
GREELEY,CO 80632
Description. - 5 Serial. _ '.': -f:DoeDate • I Pmt.No. Amount I
I) 14011 22K08069 Upon Receipt. 1 $1,438.31
Caterpillar Motor Grader
Sales and Use Tax $0.00
Document Fee
50.00
Filing Fee
50.00
Stamp Fee
$000
Other Fees
50.00
RETURN PAYMENT COPY AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED LEASE
DOCUMENTS.
Your check will be cashed by Lessor upon receipt,but that act will not constitute acceptance by Lessor of the
Lease or Schedule. If Lessor accepts and executes the Lease and/or Schedule,the proceeds of this check will be
applied to the specified rental payments. If Lessor does not accept the Lease or Schedule,Lessor will return an
amount equal to this check.
WITHOUT TAX EXEMPTION CERTIFICATE,APPROPRIATE SALES/USE TAX WILL BE CHARGED.
PLEASE PAY THIS AMOUNT $ 51,43831
Tnvola Nr Total Enclosed
LSAP-440324-1 $
WELD COUNTY,COLORADO
933 N 11111 AVE
P.O.BOX 758
GREELEY,CO 80632
Remit To: Wagner Equipment Co.
Attn: Erika Raglin
Financial Services Dept.
P.O.Box 17620
Denver,CO 80217-0620
14.••••N.wwrN,,, ..em'n s f.J,Part
PLEASE LEAVE THIS SHEET ATTACHED TO ORIGINAL CONTRACT
PACKAGE
COVER SHEET
TO: RICK MAY CUSTOMER: WELD COUNTY
FROM: MACHINE: CATERPILLAR 140H
DATE: 1/3/03 S/N: 2ZK08069
RETURN TO: ERIKA RAGLIN
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.
Hello