HomeMy WebLinkAbout20030326.tiff RESOLUTION
RE: APPROVE LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER#2ZK08067,
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
#2ZK08067, 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.
2003-0326
n EG0047
71(7 0 �2�, 62G47rr.J
LEASE-PURCHASE AGREEMENT FOR MOTOR GRADER #2ZK08067 - 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 3rd day of February, A.D., 2003.
BOA OF COUNTY COMMISSIONERS
WEL UNTY, COLO DO
ATTEST: / /i 6 EL, en
Davi E. o C air
Weld County Clerk to th Be 4','
w ��i A
R bert D. M en, Pro-Tem
BY: /i - •
Deputy Clerk to the Bo��a�
M. J. eile
APPROVED AST •
William Jerke
my A ney I(
Glen Vaad
Date of signature:
2003-0326
EG0047
'CATERPILLAR FINANCIAL SERVICES CORPORATION G0VERNMENTAL ,E-IT AGREEMENT
Dated as or / 3
LESSEE: WELD COUNTY,COLORADO LESSOR: CATERPILLAR FI2ANCI SERVICES CORPORATION
•
"A political agency or subdivision of the State of Colorado" 1, ---�� II
ADDRESS: 933 N 1 ITH AVE ADDRESS: 2120 West End Avenue K
P.O.BOX 758
GREELEY,CO 80632 Nashville,TN 37203
Lessor,in reliance on Lessees 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) Serialp
(II New 140H Caterpillar Motor Grader 2ZKo8067
Ran.ACCEPTED ACKNow
CLI
CERTItA E uY CATERPILI"4R
AS THE ORIGINAL, ' TION
II RECUT /�PRESmR�
VICE."•r`Vlf/n0
Location of Unit(s): 1111 H STREET
GREELEY,CO 80631,WELD
Payment Schedule attached. Lease Tenn:36 Months Utilization Date:January 14,2003
PAYMENT PROVISION: /V��V
-q;
Lessee shall pay to lessor payments(including the principal and interest portion)in 36 consecutive monthly installments commencing 77
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 Dote set fonh 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
uthenvise 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,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 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 tact 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,unsafely or in violation of any
applicable law or regulation or for any purpose other than in the conduct of Lessees 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 or 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 teen,maintain the Units in good operating order,repair and condition and shall perform maintenance'
at least as frequently es 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 sole risk of Lessee.All pans,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[ 7 Lessor CATERPILLAR FINANCIAL SERVICES CORPORATION
(
By (k.� `. s / By Bill CChnwRlter
Name(PRINT) David E. Long Name(PRINT) /Y/ _ _/____
Title Chair Tide n Manager
Dooumantatio
Date 02/03/2003 Date MR 14 2003
2003-0326
5. LESSEE'S REPRESENTATION AND WARRANTIES; Lessee represents and winner'to Censor Ihq(a)Lessee is a fully constituted political subdivision or agency duly organized and
e niain8 ender the Constitution and laws of the state where the Units still be located;(b)Lessee ban the power to enter into and perform this Lease and has token all necessary and appropriate action:
to authorize the execution,delivery end performance keno')(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 lemma]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 anent rifest year mid 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.effnciens and economic operation. Lessee acknowledges and agrees Out 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 eponing requirements of Section 149(e)of the Cole,as the sane may be amended from time to time,and such compliance shall include but not be limited to the
execution of information statements requested by Lessor.(b)Lessee will not do or cause to be done any act which will Caere.on by omission of any act allow,the Rase to be an arbitrage bond
within the meaning of Section 40(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 the Lease to be a private activity bond within
the meaning of Section 141(a)of the Cade;(d)Lessee will timely pay to the extent of available funds.amounts required to be rebated to the United States pursuant to Section 14110 of the Code;(e)
Lessee will rot do or cause to be done any act which will Caine,or by omission of any act allow,the interest portion of the payments to be or become includable in gross income for Federal income
'nation proposes under die Code;and(I)Lessee will be the exclusive owner,user and operator of 11e Unit.Lessee shall provide to Lesser an opinion of counsel substantially in the form attached
hereto.
6. TAXES: Lessee agrees to memory pay or reimburse Lessor for all fees and taxes of any nature,together with any penalties,fines or additions to tax,or intents thereon(sit of the!ongoing
hereafter the"Impositions").arcing at any time prior t,during or subsequent to the Lease cent and levied by any axing authority with respect to or in connection with ally Unit.excluding.
however,taxes measured by Lessors net income(of but not excluding any net income taxes which,by the amt of the statue imposing such lax,expressly relieve Lessee or Lessor from the payment
of any Impositions which Lessee would o@ervise be obligate to pay or reimburse) If Lessor is not entitled to a enespoeding and equal deduction with respect to any Imposition which Lessee is
required to payee reimburse and such payment or reimbursement constitutes income to Lessor,then Lessee shall also pay to lessor the amount of any Impositions which Lesson is obligated to pay
in Inspect of(a)such payment or reimbursement by Lessee and 04 any payment by Lessee made pursuant to this sentence. Lessee shall prepare and AR,in a manner satisfactory to Lessor,any
npons or retools which nay he acquired with respect to the Units. For purposes of this Saint"Lessor"shall include any affiliated group,within the meaning of Section 1501 of the Code,of
which Lesson is a nrcmber for any year in which a consolidated or combined income tax return is filed for the affiliated group.
T. LOSS OR DAMAGE;INSURANCE: Lessee sooties all risks and liabilities of loss.damage or Casualty Occurrence(as heninafer defined)for any cause wlauoever.foe condcmmation 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 properly in any
sing out of or incident to the posse use.apention,condition or fluent of the Unit. If any Unit becomes damaged,from any cause whatsoever.Lessee shall give Lessor prompt
n ame possession,
▪ thereof. If Lessor reasonably deteeminei that such damage is not irreparable,then Lessee shell,at its expense,promptly restore the Unit to the condition required by Section 4 above.If any
Unit becomes worn out,lose,Doles,destroyed or inepanbly damaged(as'eeamnnbly determined by Lessor)from any cause whomever,or ukm by condemmarion en other ise(any such
occurrence hereafter a'Casualty Occurrence")prior eo,during or subsequent to(until the Unit u resumed to Lessor pursuant to Section 10)the Lease term,Lessee shall give Lessor prompt notice
thereof In the caret of(Casualy Occurrence,Lessee shall pay to Lessor,on the earlier of(a)the first payment date following such Casualty Occumnce or(b)shiny(30)days following such
Casualty Occurrence, um(the"Temtination Value")equal to(a)the"Beginning Balance'(as specified in the attached Payment Schedule)as of the next payment due following such Casualty
Occmnnce,plus(b)the amount of the intent portion fan specified in the Payment Schedule)of the'ea papnem due following such Casualty Occurrence multiplied times a fraction thenun,eevtor
of which is the norther of days from the lake of lathe Delivery Date of the Unit or(b)the due date of the payment immediately preceding such Casualty Occurrence until the do 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 invent'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 lea than 51.000.000 for combined coverage for bodily
injury and pmpetrydanyge.Oil insurance shall(albs in a!and with such companies as Lessor shall approve,(b)specify lessor(or its designee)and Lessee as named insureds.(c)be printery,
without right of conmbutionfrom any other insurance caned by Lessor.(d)provide that such insurance may not be cancelled or altered sou to affect the interest of Lessor without at least shiny
(30)days'prior wrinni notice to Lessor,and(e)name Lessor(or its designee)as loss payee and be payable solely to Lessor. Lessee agree to notify lessor of any n which may heroin
the basin of en insurance claim Ieenunder and not to nuke any adjustments with insurers without Lessols prior written consent Lessee hereby irrevocably appoints Lesser its ante ey-infact no
receive payment ofand endorse all checks and other docunena and to take any other anions necessary so pursue insurance claims. Prior to the first Delivery Date of any Unis,Lessee shall delivery
no Lessor satisfactory evidence of such insurance coverage.
a. 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 IN.IDItY
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 Nel
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 duet(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;(e)Lessee shall fail to observe or
perform any other en ant agreement or warranty rude by Lessee hereunder and such failure dull continue for ten(10)days alter nines notice thereof to Lessee;(d)Lessee shall fail to rote
any etymon 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)penreed by appropriate court action(s)to enforce this Lease or to recover damages for the breach dleeof(b)by notice in writing to Lessee,terminate this Lease.but Lessee shell
remain liable as hereinafter provided,and them upon Lessor may,a its option do any one or moo of the following:(b1)recover forthwith fans Lessee(i)any and all anwvou then due under this
Lease or which nosy have accessed 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 wammy
contained in this Lease other than for the payment of @neunu due hemmder,(b-k)enforce the security inkrest given hereunder,(b-3)without notice,liability or heal process,enter upon ilk
premises wan any ofin Units or additional security may be and take possession thereof.and(h4)require Lessee to return the Units and additional security as provided in Section 10. Lessor shall
have all right(given to a secured parry by law. Provided Lesson receives possession of the Units and additional security following an Event of Default Lessor may.at its option,mtdnuke
commercially reasonable elfin to sell or re-lease the Units and additional security.and the p ureeds of any such sale or re-lease shall be applied: first to reimburse Lessor for all reasonable
expenses ofteaking,holding.preparing for sale or re-lease and selling or re-leasing the Urdu and additional security.including all taxes and reasonable attnneY'a fees and expenses;second to the
extent not previously paid by Lessee,to pay Less all amounts execs,those specified below.which undo the terms of this Lease art due or have accrued as of die date of Lessors receipt of said
proceeds;third,to pay all late Wyman charges pursuant to Section 2 hereof;and faun,to pay Lessor the applicable Temtinetion Value with respect to the Units. Any surplus shall be paid to the
person unified there'll Lessee shall pmmpdy pay any deficiency to Leasor. Lessee acknowledges that soles for cash or on credit to a wholesaler,retailer or user of the Units are all commercially
reasonable. Lessee agrees to pay all reasonable atsomey's fees and all costs and expenses loaned 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.Lesson shall not he entitled to recovera greater amount in damages than Lessor could have gained through Lessee's full.timely
and complete padonunee under this Lease,plus all fees.costs and expenses incurred by lessor in enforcing this Lale and all late payment charges pnnuant to Section 2. If Lessee fails to
perform any of its obligations under this Lease,Lessor may(but need not)al any time sheenier perform such obligation end the expanses incurred in connection therewith shall be payable by
Lessee porn demand.
10. RETURN OF UNIT: Upon any torminasion of the term of this Lease with mopet to each Unit or if Lessor shall rightfully Mound possession of any Unit Lessee,at its expense,shall
forthwith deliver the Unit to Lesser,appropriately premecmd and is the condition acquired by Section 4.at the option of Lessor,to the premises of the et sten Caterpillar dealer selling equipment of
the same type as the limiter on bead such ender as Mesa 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 bnunedby Lessor to bring the Unit into said condition.
II. REPORT TO IRS: Lessee will terse'this Lease to the Internal Revenue Service by filing Form 8038-Gx,8038-GC or 8038 whichever is applicable. Failure to do so will cause the Lease to
lose its us rank status lessee agrees that if the apps pnale form is one filed,the interest isle will to adjusted to an equivalent taxable interest rate.
II.TITLE,SECURITY INTEREST AND FURTHER ASSURANCES:Provided(a)Lessee has accepted each Unit on its delivery date;(b)the Delivery Date of the Unit is on or prior to the
Credit Utilization Date noted on the face hereof:and(C)no Event of Default exists as of the Delivery Date of the Unit tide to each Unit shall vest in Lessee on the Delivery Date of the Writ,
provided,however,hat in the event(i)this Lease is unstinted pursuant to Section I hereof,or(ii)an Event of Default has occurred and is continuing,title to the Unit shall immediately reeve inn
Lessor,free of any right title and interest of Lessee,unless Lester elecm olhennse in writing. Lessee hereby grants to Lessor a eorinuing security interest in the Units,including ail awchnennu
accessories and optional karma(whether or not instilled thereon)and all substitutions npkcemenu, addition and accessions themes.and all proceeds of all of the(ongoing,including,but not
limited to proceeds in the form ofchattel peeper to secure the payment of all sums due. Lessee will at its expense,do any further act and execute,acknowledge.deliver,file,register end record any
fuller documents which Lessor may reasonable request in order to protect Lessor's security interest in the Units and Lessors rights and benefits under this Lease. Lessee hereby appoints Lessor as
Lessee's Atromey-in-Face for rah signing end filing of such documents and authorizes Lessor to dekgae these limited power.Lessee further represents and warrens to Lessor that Lessee is and
Ilan tenm;n a D'+ndn''esiul rc d in me Sale oICU e'BUSIness Lntatiou"gmsert ):annl lessee will not dhing(its furrier business omeniestlon or Business Location without prior mitten notice to
Lessor.
13.ASSIGNMENT;COUNTERPARTS:Without the prior written consent of Lessor,no assignment of this Lease or any right or obligation hereunder may be made by Lessee or any assignee of
Lessee. Lessor may not coign its right tide and isrereat in and to this Lease and the Units adeon gnat or assign a security interest in this Lease and the Units in whole or in pan Although
multiple caunterpark of this document nay be signed,only the counterpart accepted,acknowledged and certified by Caterpillar Financial Services Comostion on De signature page thereof as the
original will constitute erigirel chanel paper.
M. EFFECT OF WAIVER: No delay or omission to exercise any right or remedy accruing to Lesser hereunder shall impair any such tight or remedy non shall it be conspmed to be a waiver of
any breach or default of Lessee. My waiver or consent by lessor under this Lease must be in wilding specifically set forth. This Lease completely states the rights of Lessor and Lessee with
respect to the Units and supersedes all min agreements with respect thereon Tien is or Use essence of this Ran. No variation or modification of this Lease shall be valid unless in writing and
signed by the annorieed representatives o/Lessor and Lessee. Al notices hereunder shall be in writing,addressed to each party at the address see forth on the front of this Lease or at such usher
address as may be finished in writing. Vans provision of the 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 wider Ibis Lae shall survive the expiration or termination of this Lase to the extent required foe their full obsenance and performative.
IS. GENERAL:This Lease shall be governed by and construed widen the laws of the Sate where the Units are located.
EXHIBIT 2 (multiple astets)
Concluding Payment Schedule to
Governmental Agreement
Dated 20_
between
Caterpillar Financial Services Corporation
and
WELD COLORADO,COUNTY OF
Description of Unit:1 Caterpillar 14011 serial Si 21K08067
Number
of
Payments Beginning Payment Interest Concluding
Date Made Balance Amount 4.55000% Payment(')
Sep-13-02 I 164,924.00 • 1,540.31 0.00 163,383.69
Oct-13-02 2 163,383.69 1,540.31 619.50 162,462.88
Nov-13-02 3 162,462.88 1,540.31 616.01 161,538.58
Dec-13-02 4 161,538.58 1,540.31 612.50 160,610.77
•
Jan-13-03 5 160,610.77 1,540.31 608.98 159,679.44
Feb-13-03 6 159,679.44 1,540.31 605.45 158,744.58
Mar-13-03 7 158,744.58 1,540.31 601.91 157,806.18
Apr-13-03 8 157,806.18 1,540.31 598.35 156,864.22
May-13-03 9 156,864.22 1,540.31 594.78 155,918.69
Jun-13-03 10 155,918.69 1,540.31 591.19 154,969.57
Jul-13-03 11 154,969.57 1,540.31 587.59 154,016.85
Aug-13-03 12 154,016.85 1,540.31 583.98 153,060.52
Sep-13-03 I3 153,060.52 1,540.31 580.35 152,100.56
Oct-13-03 14 152,100.56 1,540.31 576.71 151,136.96
Nov-13-03 IS 151,136.96 1,540.31 573.06 150,169.71
Dec-I3-03 16 150,169.71 1,540.31 569.39 149,198.79
Jan-13-04 17 149,198.79 1,540.31 565.71 148,224.19
Feb-13-04 18 148,224.19 1,540.31 562.02 147,245.90
Mar-13-04 19 147,245.90 1,540.31 558.31 146,263.90
Apr-13-04 20 146,263.90 1,540.31 554.58 145,278.17
May-13-04 21 145,278.17 1,540.31 550.85 144,288.71
Jun-13-04 22 144,288.71 1,540.31 547.09 143,295.49
Jul-13-04 23 143,295.49 1,540.31 543.33 142,298.51
Aug-13-04 24 142,298.51 1,540.31 539.55 141,297.75
Sep-13-04 25 141,297.75 1,540.31 535.75 140,293.19
Oct-I3-04 26 140,293.19 1,540.31 531.95 139,284.83
Nov-13-04 27 139,284.83 1,540.31 528.12 138,272.64
Dec-13-04 28 138,272.64 1,540.31 524.28 137,256.61
Jan-13-05 29 137,256.61 1,540.31 520.43 136,236.73
Feb-13-05 30 136,236.73 1,540.31 516,56 135,212.98
Mar-13-05 31 135,212.98 1,540.31 512.68 134,185.35
Apr-13-05 32 134,185.35 1,540.31 508.79 133,153.83
May-13-05 33 133,153.83 1,540.31 504.87 132,118.39
Jun-13-05 34 132,1 18.39 1,540.31 500.95 131,079.03
Jul-13-05 35 131,079.03 1,540.31 497.01 130,035.73
Aug-13-05 36 130,035.73 1,540.31 493.05 128,988.47
Sep-13-05 37 128,988.47 129,477.57 489.10 0.00
TOTAL 184,928.73 20,004.73
(•)Does not include any rent payment or other amount then due.
Initialed:
(Lessee)
Cat Quote Software 8.02 462-775 Page 1 Caterpillar Financial Services Corporation
DELIVERY SUPPLEMENT
This pertains to the Lease,dated as of ,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) I 4011 New Caterpillar Motor Grader
2ZK08067
Location: GREELEY,CO
County: _ - WELD
Equipment Located: Inside_or Outside_City Limits
Possession Date:
WELD CO ,COLORADO
Signature e
Name(PRIN7')David E. Long
Title Chair
Date 02/03/2003
11219
M M.�LIL
.
•
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:,2ZK08067
Monthly Usage: 125 Current Hours:0 Dealer:WAGNER EQUIPMENT CO. Dealer Location:DENVER,CO
IMPORTANT INFORMATION*****
RESIDUAL EXCEPTION REQUESTS must be submitted to the CFSC for the following applications:landfill, transfer and recycling
stations; demolition,scrap yards and steel mills;salt,chemical,and corrosive environments such as feed lots,dairy farms,rendering
plants,mushroom farms, fertilizer and lime handling,salt water areas and all hazardous waste handling;dusty or poor underfoot
conditions;all underground mining applications. Any applications requiring unusual attachments,equipment modifications or have
non-traditional use of the equipment Any transaction with five or more of one model.
Please COMPLETE THE ENTIRE SURVEY for all transactions including any of the above applications.
MAJOR ATTACHMENTS (Check all that apply) :
❑ 4 Wheel Drive ❑ Slope Board ❑ Pallet Forks 0 Landscape Rake 0 Concrete Crusher
❑ Auger 0 Tiller ❑ Rotator ❑ Metal Shear ❑ Forks
❑ Cab Riser O Access Platform ❑ Snow Plow El Ride Control ❑ Long Reach Suck
❑ Delimber O Block Forks r❑ Top Clamp O Saw Head 0Mower Mox
O Generator O Cold Planer ua Air Conditioner ❑ Solid Tires L7/Ripper
❑ Lumber Forks ❑ E-Stick ❑ Broom ❑ Trencher ❑ Shear Head
❑ 0HT Body Liner O Grapple ❑ Compactor 0/All Wheel Steer ❑ Special Rims
❑ Rolasaw ❑ Magnet ❑ Feller Buncher L7 Cab ❑ Winch
Other:
BLADES AND BUCKETS (Check all that apply) :
❑ TAT'Blade ❑ Side Dump Bucket ❑ Landfill Bucket O Chip Blade 0 Angle Blade
❑ Bottom Dump Bkt 0 'SU'Blade 0 GP Bucket ❑ Coal Blade
❑ Elector Bucket O Carty Dozer Blade O Slag Bucket O Multi-Purpose Bkt ❑ High Volume Bkt
❑ Landfill Blade O Front Dump Bucket O If Blade 0 Straight Blade O Rock Bucket
Other:
MARKET CATAGORIES (Check All That Apply)
❑ Heavy Construction•Airports,Bridges,Dams.Highways/Road O Duamy-Granite,Limestone,Sand S Gravel
❑ Building Construction•Commercial,Residential,Utilities O Forest Products•Loading,Road Construction,Skidding,Timber Harvesting
❑ Landscape Construction—Commercial,Residential ❑ Forest Products•Mill and Yard Operations
❑ Mining—Metals•Copper,Gold,Iron,Lead,Silver,Underground,Uranium,Zinc ❑ Industrial—DairyMfushroom Farm,Demolition,Feed Lot,Ferglizerkime Handling,
yandfills,Rendering Plants,Scrap Handling,Steel hfill,Transfer Stations
O Mining—Non-Metals•Clay,Coal,Oil Sands,Oil Shale,Peat,Underground 2' Governmental-Road Maintenance,Snow Removal
❑ Petroleum B 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. 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 HE 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: 02/03/2 S Date: //a3 .
Signature: � C Signature: I,
Print Name: David E. Long �"�t Print Name:,/L/ YS.Cn•�L('//}f/`•Cr
Title: Chair Title: f/Nkit/C Isnp�µ,ees ,s'&.
Company:Weld Count Board of Commissioners C mpany: G/ s 66U b.
CFSC Reviewed by:
MANDATORY CONDITION OF EQUIPMENT UPON RETURN: Page 2 of 2
•
Not withstanding the provisions of(check appropriate box):
O Sections 4 and 9 of the Master Tax Lease O Sections 5 and 12 of the Finance Lease
❑doS, actions 4 and 9 of the Master Finance Lease ' O Sections 5 and 13 of the Long-Term Rental Agreement
at ections 4 and 9 of the Governmental Lease-Purchase Agreement
Lessee agrees that each Unit,upon its return,shall:
MAINTENANCEANDGENERAL REQUIREMENTS: • Ensure all window glass is clear,and free from cracks and major pits,all window
• Give the Lessor sixty(60)days notice prior to the Lease termination date of Lessee's frames, doors and weather stripping are complete, and all service access
intention to return any and all units to the Lessor. compartment covers and doors,fenders,and other flat metal or plastic surfaces are in
• Return the units in the same configuration,with all attachments,as when delivered at good working order and free from dents and cracks.
lease inception. Lessee Is responsible for costs,including but not limited to,fees, • Ensure all standard Caterpillar and non-Caterpillar safely Items are complete and in
taxes and duties associated with tear down,loading,shipping and unloading of units to good working order,Including but not limited to,roll over protection(ROPS)and falling
a site designated by the Lessor, object protection(FOPS)systems,seat bens,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 at oil,hydraulic end 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 all maintenance Is performed at working order.
recommended intervals and only genuine Caterpillar filters and parts are used for all • Ensure at repairs made to main structures,including but not limited to,main frames,
maintenance and repairs. Al units must be in good operating condition and be able roller frames,car bodies,swing gears,drawbars,drdes,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 Caterpaar dealer Scheduled Oil Sampling(SOS)or comparable arches must be accomplished In accordance with factory recommended materials and
program,where available,for the entire term of the lease,and insure al fuels, repair procedures.
lubricants,additives,and radiator water Is clean and complies with Caterpillar
recommended standards. REMAINING LIFE REQUIREMENTS:
• Ensure all units are operated only In the applications for rebid they were designed and • Ensure all ground engaging tools,including but nol limited to,buckets,dozer blades,
manufactured. base cutting edges,rippers,seeders,drums,feet tines,screeds,elevator flights,
• Maintain a waking engine hour meter at al times. Keep complete records of all hour forks,and top clamps have good structural integrity and have fifty percent(50%)
meter changes along with major component change outs and routine maintenance and minimum remaining life.
repair records. • Return all track and rubber belted units with a minknum of fifty percent(50%)
• Ensure all service contracts are fuly implemented and all maintenance and repairs are remaining the on each and every component including but not limited to,track shoes,
made on schedule. Product Improvement Programa(PIP'S)must be complete before links,pins,bushings,idlers,bogies,sprockets,caner rollers,and track rollers. Belts
units are returned. ATTACH A COPY OF ANY AND ALL REPAIR AND can not have any cuts that extend into the cords and must not be missing guide
MAINTENANCE CONTRACTS AND PLANNED COMPONENT REPLACEMENT blocks or grouser bars(lugs). Charges will be assessed for each component not
PROGRAMS. meeting the requirement
• Provide a secured place to store off-lease units upon request from the Lessor. • Return al rubber tire units with a minimum of fifty percent(50%)remaining life of the
Provide access to the units for purposes of maintenance or demonstration to original tread life of each lire. 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 pattem and have no significant
cuts or chunking of the tread or side walls. Skid Steer tires are exempt from this
SPECIFIC TINWARE AND SAFETY REQUIREMENTS: provision.
• Ensure the operator's compartment Is dean,and all switches, monitoring systems
(EMS,VIMS.VIDS),gages,control levers,pedals,radio,mirrors,seats,insulation and
al 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.
s —t
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:
The model listed and equipped as stated above will be operated an estimated total of 11A5- hours per month over a term of We months for total usage
during the leasing term of SOD 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 UiaO +Current Hours 0 =Total Allowable Machine Noun 1((,500
OVERUSE CALCULATION: 7''"`
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$15.75 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.,
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as of (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 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 sincerely, •
J , --�__
Signature: �" Z---
Name(?iNT): Bruce T. Barker
Title: County Attorney
Date: 02/03/2003
Address: 915 10th Street
Greeley, CO 80631
Telephone: (970)356-4000 X4391
.,. .a.Im4 3 I%cT
RESOLUTION
BE IT RESOLVED by The Board of Commissions of WELD COUNTY,COLORADO as follows:
THAT David E. Long. Chair. Weld County Bnnrd of (:nnnniquinarrauthoriaed Signator) is
authorized to enter into a Lease-Purchase Agreement with Caterpillar Financial Services Corporation to obtain:
(I)140K New Caterpillar Motor Grader 2ZK08067
. •
for the total price of$164,924.00 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 3rd day of February ,20 03 •
Votes by Governing Body: \
(Authorized Signature)
•
1. YES n
t. nom+
Rob)t' Maiden, o—Tjm a ' '•
I ;�(co
2. YES Attest: , � ,� ,,rr
3. YES /, I. ✓. ;4-, A t
m . - e (Clerk) -4
4. YES ai \. •
11�,
G nn= tea. '7 '�
•
EQUIPMENT:
(It 140H New Caterpillar Motor Grader 2ZK08067
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.
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-1 Pymt Method-2
Serial# Including Tax Total Premium Finance Pymt
A.14011 Caterpillar Motor G&@r $164,924.00 $5,937.26 $176.08
221(08067
R
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$5,937.26,which is$1,979.09 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 I will pay the insurance premium, including finance charges, of$176.08 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 1 desire coverage for an initial 12—month term. I will pay the$1,979.09 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.
Fr,Na C1SCINSF4/02 Cicala Code 1250 448093 01/14/2001342:39 PMCr
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 C!
David . Long. Chair, Wel County Board of Commissioners
Faw.No CISCD1sFJcc1 Dab Code E2SO 41101901114/1003 3.92-39 FMCT
nun,. LT. &VVL I •Vltm vni_, ,u,u,v,n.
Form 8038-GC Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales Ohre Na.1s,s-0120
'Rev.Nwrrtm&20001 ► Under Internal Revenue Code section 149(e)
OOeePr•nmem of a SowreSe Moan" Caution ifthe Issue price of the issue is 5100,000 or more.use Fdrm 8038-G
Part I Re ing thority Check box if Amended Return le
1 IS i 2 Isar eta,employer W.r,(u :a1 mother
rym/har�'• ea, a,l � /f Ada)
p
• a r. see for P.O.box' mN' not delivered to sweet address) • - ROoriewhe -
'< Pox 7SY
4 C9.town,'/'9�/post omea�state,and ZIY ad¢,31 5 Report number izea Name ode of dfic/errr or legal representaathe whom the IRS may sit fer mare information 7 Mersa renter N offal or age nPesenop+e
f )
P.r II Description of Obligations Check if reporting: a single issue 0 or on a consolidated basis�l 0.
Ba Issue price of oblgation(s)(see 1nm:unions) Ba /O PP.. -73
b Issue date(single Issue) or calendar year(consolidated)(see instructions)e-
9 Amount of the reported obligation(s)on line Ba:
a Used to refund prior issues) 9a
b Representing a loan from the proceeds of another tax-exempt obligation(e.g..bond bank) . 9b
10 If the Issuer has designated any issue under section 265(b)(3)(8)(i)Qln(small Issuer exception). check this box . . ►0
11 If any obligation is in the form of a lease or installment sale.check this box ►Er-
• 12 If the Issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box ►❑
Uneer per of perjury.I declare that I have examint this resin and accompanying schedules ar o comments.and to the ben of my mowadge
Sign and belief. vue. nett,and complete.
Here
exc 02/03/03 David E. Lone. Chair
Issuer's authorized representative - Dm Type of pint name and Ws
General Instructions Th an issuer may file a separate Form Other Forms That May Be Requiredn9
8038 for each o1 a number of small For rebating arbae(or paying a penalty in
Section references are to Ma internal issu report the remainder of small lieu of arbitrage rebate)to the Federal
Revenue Code unless otherwise noted issues issued during the calendar year on one government use form 8038-T,Arbitrage
Purpose of Form consolidated Form 6038-GC.However.a Rebate and Penalty in Lieu of Arbitrage
P separate Form 8039-GC must be Red to give •
Rebate. For private activity bends,use Form
Form 8038-GC Is used by the issuers of the IRS notice of the election to pay a penalty 8030,Information Return for Tax-Exempt
tax-exempt governmental obligations to in lieu of arbitrage rebate Private Activity Bond Issues.
provide the IRS with the information required When To File
ection 149(e)and to monitor me Rounding to Whole Dollars
requirements of sections 141 through 150. To file a separate relons,file Form 8038-GC You may show the money items on this
Who Must File once before the 15th day of the second return as whole-dollar attounts.To do so.
calendar month after the close of the drop any amount less than 50 cents and
Issuers of tax-exempt governmental calendar quarter in which the issue is issued.
ue prices
increase any g amount horn 50 to 99 cells to
Obligationswith issue Fe prices 0-less than 3o Be a no belor return,158 Form the next higher door.
5100.000 must Ba Form 0030-GC, 8038-GC on or before February 15th ti the
Issuers of a tax-exempt governmental calendar year following the year in which the Definitions
obligation wide an issue price of 1100.000 or Issue Is issued. Obtigat:ons.This refers to a single
more must file Form 8030-G,Information Late Ming.An issuer may be granted an tax-exempt governmental obligation if Form
Return for Tax-Exempt Governmental extension of lane to file Form 0038-GC under 8038-GC is used for separate reporting or to
Obigad ns. Sectioa3 of Rev.Proc.81.10, 18,88-1 C.B. multiple tax-exempt governmental obligations
Filing a separate return.Issuers have the 535,if it is determined that The failure to tie If the form Is used for Consolidated repaving. •
option to file a separate Form 0038-GC for en time Is not due to willful neglect Type or Tax-exempt obligation This is a bond.
any tax-exempt governmental obligation wkh Print at The top of the form. 'This Statement installment purchase agreement or financial
an issue price of less than 1100,000. Is Submitted in Accordance with Rev.Proc. )ease,on which the interact is excluded from
08-10.'Attach to the Form 8039-GC a letter
An issuer of a tax-exempt bond used Co income under section 103.
finance construction ex ehWiaunes must fire a briefly stating why the form was not
p submitted to the IRS on time.Abo indicate Tax-exempt governmental obligation.A
separate Form 8038-GC for each issue to whether the obligation in question is under tax-exempt obligation that is not a private
give notice to the IRS that an election was examination by the IRS.Do not submit copies activity bond(see below)is a tax-exempt
made to pay a penalty in Pau of arbitrage of any bored documents,keses.or installmentgovernmental obligation.This includes a bond
rebate(see the line 12 instructions). Fileblow. issued by a qualified volunteer fire
sale documents,See Where To
Filing a consolidated return.For al department under section 150(e).
tax-exempt governmental obligations with Where To File Private activity bond.This exdudeS an
issue prices of less than 5100.000 that are File Form 6O38-GC,and any attachments. obligation issued as part of an issue in which:
not reported on a separate Form 8036-GC, with the Internal Revenue Sondce Center, • More than 10%of the proceeds are to be
an issuer must file a consolidated information Ogden,UT 81201. used for any private acWIty b SinKs use.
MUMincludIng all such issues issued within and
the calendar year.
Cat.No.641000 Form 8038-GC gtev,11.2000)
111111. Ll. ',VV.. 1 V l ,,, vi t....*
r •
•
ream Mastro(Rev.11.1000) Page 2
• More titan 10%of the Payment o(primcipal Specific Instructions Lines Sc and 9b-For One Se.enter the
or interest of the issue is either(a)secured amount of the proceeds that will be used to
by an merest in property to be used for a In general.a Form 9038-GC must be pay principal,Interest.or call premium on any
private business use(or payments for such completed on the basis of available other issue of bonds,including proceeds that
property)or(b)to be darned from payments information and reasonable expectations as wk be used to fund an escrow account for
for property(or borrowed money)used fora of the date the issue is issued. However. this purpose.Both line Se and SD may apply
private busness use. forms that are filed on a consolidated basis to a particular obligation.For example.report
It also includes a bond,the proceeds of may be completed on the basis of information on One 9a end 9b obligations used to refund
which(a)are to be used to make or finance readily available to the issuer at the close of prior issues which represent loans from the
loans(other than loans described in section the calendar year to which the form rotates, proceeds of another tax-exempt oblgatlon.
141(0(2))to persons other than governmental fsupplemented by estimates made in good Line 11.Check this box it property other than
units and 0+)exceeds the lesser of 5%of the cash Is exchanged for the obligation,e.g,
proceeds or ss melon. Part I—Reporting Authorityecquking a police car,a ere truck.Or
Issue.Generally.oteegations are mated as P telephone equipment through a series of
pan of the same issue only if they are issued Amended return.If this is an amended Form morn Wt'Payments.(This type of obligation is
by to same issuer,on the same date,and as 8039-GC,check the amended return box. sometimes referred toes a'nxnicipal lease.)
pan Of a single transaction,or a series of Complete Par l and only those Ones of Form Also check Nis box If real property is directly
related transactions.However,obligations 9038-GC that are bang amended.Do not acquired In exchange for an obegation to
issued during the same calendar year(a) amend estimated amounts previously make periodic payments of interest and
under a ban agreement under which amounts reported once the actual amounts are principal.Do not check this box If the
are to be advanced periodcally(a determined.(See the Part II instructions proceeds of the obligation we received in the
'draw-down ban')or(b)with a tern not below.) form of cash.even if the term lease'is used
exceeding 210 clays.may bo veered as pan tine 1.The issuer's name is the name of the ill the ale°f the issuei
of the same issue i the obligations are entity issuing the obegations,not the name of Line 12.Check this box if the issue is a
equaay and ratably secured under a single the entity receiving the benefit of the construction issue and an irrevocable election
indenture or loan agreement and ere issued financing.M the ease of a lease or instalment TO pay a penalty in feu of arbitrage rebate
under a common rv,ancing arrangement(0.9. sale,the issuer is the lessee or purchaser, has been mode on or before the Cate the
under the seine official statement periodically tine L An issuer tlet does no have an
updated to reflect charging factual bonds were issued.The penalty Is payable
with a Form 8038-7 for each 6-rrvxlN ioe
circumstances).Also, for obligations issued employer identification number(EtN)should per
apply for one on Form 55-4,Application for after the date the bonds are Issued.Do not
under a drew-down loan that meets the Employer Identifcation Number.This form make any payment of penalty in eau of rebate
requirements of the preceding sentence. went Form 9036-GC. See Rev.Proc.92.22.
obligations issued dtring different calendar may be obtained at Social Security 1992.1 C.O.736.for rules regarding the
ors may be treated as an of ilia same Administration onion or by caning 9 ^9
issue if a of the amounts to be advanced 1.800•TAX-FORM,If the EIN has not been 'election document.'
under the draw-down loan are reasonably rite'received by the due data for Form 6039-GC,
w
expected to be advanced within 3 years d write'Applied for N the space for the EIN. Rapuwork Reduction Act Notice
the date of Issue of the first obligation. Line 5.Alter tee preprinted 5.enter two
Likewise.obligations(other then private self-designated numbers.Number nappies We ask for the information on this form to
activity bonds)issued under a single consecutively during any calendar year(e.g., carry out the Internal Revenue laws of the
agreement that is in the form of a lease Or 534.535,etc.). United States.You are required to give us the
i tsraltrllern sale may be treated as pan or the
information.we need k to ensure that you are
same issue l al of the property covered by Part II—Description of complying with these laws.
that agreement is reasonably expected to be Obligations You are not reputed to Provide the
delivered WiNN 3 years of the date of issue information requested on a form that is
of the ed obligation.3 ye Line aa.The issue prke of obligations Is subject to the Paperwork Reduction Act
Arbitrage rebate Generally, generally determined under Regulations unless the form displays a valid OMB control
g ally,Merest on a section 1.148-1(b).Thus,when issued for number.Books or records relating to a form
th stateorho of the bond al bond is not tax to e the unt less ss cash,the issue price is the pace at which a or its Instructions must be retained as long as
the issuer s profits earned at from investing substantial amount of the obligations are sold their contents may become materiel in the
Staceear of the orts in higher g ng to the public.To determine the issue price of administration of any Internal Revenue law,
rq se ih ebtmrnn.See section 149(q. an obligation issued for property,see Generaly tax returns and return information
np&P° sections 1273 and 1274 end the related are confidential,as required by section 6103.
Construction issue,This is an Issue of regulations. The time needed to complete and file this
lax-exempt bonds that meets both of the Line lib.Fa a singes Issue,enter the date Of form varies depending on individual
following conditions: issue.generally the date on which the issuer circumstances.The estimated avenge time
1.At least 75%of the available physically exchanges the bonds that are part 1s:
construction proceeds of the issue ate to be of the issue for the uxderwrlter's(or other
used for consvuetion expenditures with purchaser's)funds:for a lease or instalment Learning about the
respect to property to be owned by a sale,enter the date interest starts to accrue, law or the form , , - - I le-68 min
governmental unit or a 501(c)(3)organization, For issues reported on a consolidated basis, preparing the form , ,3 fr..3 min,
and enter the calendar year during which the -
z Al of the bonds that we part of the issue obligations wore issued. Copyby.assembling and
are qualified 501(c)(3)bonds,bonds mat are sending the form to the IRS 16 min.
not private activity bonds, or private activity If you have comments concerning the
bonds issued to finance property to be accent'or these[Misestimates or
owned by a governmental unit or a 501(c)(3) suggestions for making this form simpler,we
organization. would be nappy to bear from you.You can
In lieu of rebating any arbitrage Net may write to the Tax Forms Comnx'ttee.western
be owed to the tinker]States,the issuer of a Area Distribution Center,Rancho Cordova.
• construction issue may make an irrevocable CA 95743-D001.Do not send the form to this
election to pay a penalty.The penalty is equal led Bess,Instead.see Where To File on
to 11h%of the amount of construction page
proceeds that do not meet certain spending
requirements.See section 148(0(4)(C)and the
Instructions lot Form 8038.7.
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 II STREET
GREELEY,CO 80631,WELD
Business Phone: (970)356-4000
Fed.If)#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:
F. M.nmryl'.j•2 wi,,.n:,✓l,.nu,,M.l
•
AMENDMENT TO GOVERNMENTAL LEASE
This Amendment to Governmental Lease("Amendment") is entered into effective the
_day of February, 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 3/(q ,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
P SERVICES CORPORATION •
(By: ° By: BilI Schowalter
Print Name: David E. Lon Print Name:
Documentation Manager
Title: Chair (02/03/2003) Title:
Caterpillar Financial Services Corporation
INVOICE
Page
1 01/14/2003 LSAP-448049-1
WELD COUNTY,COLORADO
933 N 11TH AVE
P.O.BOX 758
GREELEY,CO 80632
Description Serial .. • Due r Pmt.No.
I) 140H 22K08067 Upon Receipt. 1 $1,540.31
Caterpillar Motor Grader
Sales and Use Tax
so.00
Document Fee
50.00
Filing Fee
50.00
Stark Fee
50.00
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 S $1,51031
levels No Total Enclosed •
LSAP-448049-1 S
WELD COUNTY,COLORADO
933N 11THAVE
P.O.BOX 758
GREELEY,CO 80632
Remit To:
"PLEASE RETURN PAYMENT
WITH SIGNED DOCUMENTS*"
,_=i.assns«
PLEASE LEAVE THIS SHEET ATTACHED TO ORIGINAL CONTRACT
PACKAGE
COVER SHEET
TO: RICK MAY CUSTOMER: WELD COUNTY
FROM: ERIKA RAGLIN MACHINE: CATERPILLAR 140H
DATE: 01/07/03 S/N: 2ZK08067
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