HomeMy WebLinkAbout871224.tiff RESOLUTION
RE : APPROVE LEASE AGREEMENT FOR CATERPILLAR 623E SCRAPER WITH
WAGNER EQUIPMENT COMPANY AND AUTHORIZE CHAIRMAN TO SIGN
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 was presented with a Lease Agreement with
Wagner Equipment Company, of Aurora, Colorado, for a Caterpillar
623E scraper, Serial Number 6CB00625 , said Agreement being with
option to buy, and
WHEREAS , the terms and conditions are as stated in the Lease
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Lease Agreement with Wagner Equipment Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Lease Agreement
with Wagner Equipment Company for the hereinabove described
Caterpillar scraper be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Lease Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
September, A.D. , 1987 .
� J BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU Y LO O
Weld County lerk and Recorder
and Clerk to the Board Go a airman
L'
• t cJz ' tic> C. Kirby, ro-T
D putt' County erk
cv—
APPROVED AS TO FORM: Gene R. Brantner
EXCUSED DA!O97N
ING - AYE
C >' /c- C•S r e'<• Ja quo 'ne
County Attorney
Frank amaguchi
r 871224
„- „-,
SALES CONTRACT e'CURITY AGREEMENT AND FIPNCING STATEMENT
Si r'`
aer:_-_' _ _
WAGNER EQUIPMENT CO.
1;
Street Address: 18000 Smith Road,Aurora,Colorado 80011
Mail Address: P.O. Box 380388,Denver,Colorado 80238—Telephone: 303-366-7700 Date 1 9 ��
SUBJECT TO TUE CONDITIONS BELOW AND ON• '.NE REVERSE SIDE HEREOF, WHICH ARE MADE A PART OF THIS AGREEMENT:
SELLER AGREES TO SELL D — / /'
AND GU GG /i-, OF AO • en 751 (per-ee,_. 6 ,Yee'vyER
Name " Street Address City v/J State
AGREES TO BUY THE PROPERTY DESC IBED A$',pO_,L�t.LOWS TO BE LOCATED AT ,,
/6-60 446 .-G J / ee&. City County State
SHIP TO: Z
Name or Street Address �.:a
, City. County State _
Requested Shipping Dote 4 5.01.01 , Via //�� {' / F.O B. t�'
Shipping 8 Special Instructions AircPe/s4:1 .<,/74i 4 2, - /J n0 02 4 �"'�� eA.y g-�—J
V "
Quantity p COMPLETE DESCRIPTION OF EQUIPMENT --' PRICE EACH PRICE TOTAL
/ 7,eL,4uJ i• 5,6 's'l-6 ,
—VA/ 6 G e 004.2 S Ste-- t O /4. .,.28,S5i --
/2Cz 'r2- 't '. ,ae, 'S/ / yer,
�zt GC,see-- tie-i'i C-r9?,�e�e Or I
0 Farming 0 Business 0 Individual 0 Partnership
This equipment is to be used for 0Personal,Family Household Buyer is Incorporated in Staggf
TRADE-IN DESCRIPTION Total $ o1ZZt/ CJ"y
Unit M " Less Trade-In(lf Any) $
Make Plus Delivery Charge $ - - 0
Model : Serial No. 7 ' $
Attachments: Serial No. Plus Sales Tax @ ';=% $
Serial No. Plus Insurance - ' $
Serial No. $
Serial No. - Less Cash Down Payment' $
Sj 719 ft' ,, 7f{„ Stife
Serial No. Total Unpaid Cash Balaltde Sale rice $ - •
PLEASE READ-This order when duly signed Is non-cafbellable.The provisions on the reverse side are part of thlsiDontract and should be read by Buyer.The responsibility for
claiming salestax exemption shall be upon Buyer.This Gaited shall not be valid unless accepted at the Executive Offlors/of Seller in Aurora,Coloradct by a duly authorized officer of
Seller.
TERMS:Buyer agrees to pay Seller at its place of business M Aurora,Colorado for the goods listed on this order at the prides shown above.Buyer requests the following terms,subject
to approval by sellers credit department
Cash on Delivery O Cash on Invoice O Cash with Order 0 Othey�
BUYER'S REQUEST FOR INSTALLMEM TERMS: ,
t: 7ab(+'c-f,-Q�•f' G ._fly
Buyer ryguests Seller extend credit to Buyer for the ylppaid cash balance le price peyable,as folio s:`�� 1v�+
P/O/ d00/me /y18 ., /CJ42 4cyzz e .ILLt. 4 to -et. . / S gee,
Payments of$ /D,roe, Q-plus.-.d.' , First payment due & . In the event
Seller agrees to extend the requested credit,Buyer p1'Omises to execute a Note and Security Agreement con ing the installment rms including interest as set out
in the Note and Security Agreement submitted to Buyer by the Seller and execute one or.more Financ- tatements.Appro I of this requested credit shall be
indicated by the Seller submitting to Buyer the inst ent Note and Security Agreement.CONTRACT IN EST RATE TO BE O %PER ANNUM.
WARRANTY EXTENDS Y ELLER �`B' �y
New Mac Ins Warranty • Used Machine Warranty "Buy larTe"
❑ Used Machine Warranty—"Certified Buy" 0 Used Machine—NO WARRANTxpress or Imikeifi."As is,Where is."
JPNS
BIL F SALE FOR USED MACHINE TRADED AS DES RIBED ABOVE: 4/ ...hi.
}� �Z� �L�C/ .47--nee. 3'f�.e a- -' /. > oc 0 /acetso7#..0.4,,,-
For
us received I/we hereby Bargain and sell,mint and deliver un Wagne%Equipment Co., Grantee,'my rights, rtle and interest t e used ma 'nets)
described above, offered in trade on goods purchaseltby the undersigned.The undersigned covenants with Grantee that undersigned is the lawful owner of said
chattels;that they are free from all encumbrances,tic t as specifically stated below;that undersigned hallo ood right to sell same;that undersigned will warrant
and defend same against any claims and dame nits This Bill of Sale is contingent upon and sul+er to acceptance of above dated sale by Seller.)
'
Amount of encumbrance$ !!} Payable to:
utl.
BUYER'S SIG)tATURE OFFICIAL TITLE 7 -r` '
t�/ � J'
,ed“ -.73 .i, ../ Yin
Acceptbnoy ein7fte ded by Accepted: WAGNER EQUIPMENT CO.,SELLER,WOO SMITH ROAD,
.�e,,t e, w L, AURORA,COLORADO t',
! /
Salesman / '� t '` By:
FORM SA 298-1189
SALES CONTRAC ;ECURITY AGREEMENT AND FINAl NG STATEMENT '
Terms and Conditions
1. Buyer and Seller agree that the execution, validity, 12. LIMITATION OFWARRANTY: \performance and enforceability of the terms of this Sales THERE ARE '. WARRANTIES WHICH EXTEND
Contract, Security Agreement and Financing Statement shall be BEYOND THE DESCRIPTION ON THE FACE HEREOF AND •
governed by Colorado Law, including tsd not limited to Article HEREINABOVE. SELLER IS NOT THE MANUFACTURER
9 of the Colorado Uniform Commercial Code. Any action for OF THE GOODS AND'MAKES NO WARRANTY AGAINST
payment or performance under this Contract may be brought PATENT OR LATENT DEFECTS IN MATERIAL, WORK-
in Adams County,Colorado at the electien of Seller. MANSHIP OR CAPACITY OF 'THE GOODS, NOR ,
',, ,,2. Buyer hereby grants a security interest to Seller in the WARRANTY THAT THE GOODS WILL SATISFY THE
goods listed on the face hereof and,all attached pages and REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION
further agrees not to sell, assign, encumber or otherwise dispose OR CONTRACT WHICH PROVIDES FOR SPECIFIC
of said chattels or any interest therein,nw to permit nor suffer MACHINERY OR OPERATORS OR SPECIAL METHODS;
same to become subject to any lien, without the written per- THE BUYER AFFIRMSSTHAT HE HAS EXAMINED AND '
mission of the Seller, unless payment:in full is made to Seller • INSPECTED THE G S Z1'IS R HAS HAD THE OPPORTUNITY
for said chattels. Buyer further agrees not to remove the goods TO DO SO AND IS S ISFIED WITH THE SAME FOR HIS
from the address indicated on the face of this Contract as the PURPOSES.
place where the goods shall be located"without prior written 13. Notwithstanding the above Paragraph 2, all risk of loss
approval of Seller as long as any unpaid balance remains on the passes to the Buyer:
purchase price of the goods. (al Where a carrier is used•when the goods are duly de-
livered to a carrier whhe@re Seller is not required to deliver the
3. In the event Buyer defaults on am,s.pEment or fails to corn- goods at.a particular dead nation;or
ply with any conditions of this Contract, or if any proceeding (b) Where a carrer is used, when the goods are duly
under the Bankruptcy Act or any receivership or insolvency tendered while in possession of the carrier where Seller is
proceeding is instituted by or against the-Buyer or his property, required to deliver'the gMids at a particular destination;or '
or the Seller, in good faith, deems the above property in danger lc) In all other *es and where a carrier is not used when
of misuse,confiscation or depreciation in-value,Seller may cause the Buyer is in receipt 6€the goods or On tender of delivery to
the full amount to be immediately due and payable. the Buyer by the Seller; .
i
4: Extension given by Seller to Buy failure of either party Unless otherwse specifically Sated on the faCeNhe sof all
to enforce any right hereunder shall mkt waive any ,right in '..goods shall,tle shipp F.O.B Aurora Yard and Office of Seller.
respect of other or future occurrences or-defaults. • Delivery by the Seller tam carrier ahatIbe delivery to the Buyer.
5. Damage to or destruction of said chattels after said chattels Any claims againS0 he Seller for shortages in shipment
have left the physical custody of Seltor shall not relieve the shall be made within fifteen (15)days after receipt of shipment.
Buyer of any of his obligations hereunder. 14. This Contract constitutes the entire agreement of the
6. Time is of the essence of this Contract. In the event Buyer parties. Any provisions-hereof contrary to, prohibited by or
defaults in complying with the terms hereof, or the Seller, in invalid under•applicable laws or regulations shall be inapplicable
good faith, deems the above property--in danger of misuse or and deemed omitted herefrom, but shall not invalidate the
confiscation, the Seller (with or withod''brocess of law) or any remaining provisions haleof. All Seller's rights are cumulative
officer of the law may take immediatc;*ssession of said prop- and not alternative. (Si
•
• erty without demand, including any equipment, accessories or 15. The price for the goods is subject to change in accordance
proceeds, and for this purpose the Seller or any officer of the with price increases anllalnced by the manufacturer from the
law may enter upon the premises where said property may be date of this contract to date of delivery, and Buyer agrees to
and remove the same. Seller at his option may require the Buyer pay any such increases and agrees that,ihis contract shall be
to assemble the collateral and make it available to the Seller at a construed as if the revised-prices were originally Inserted herein.
place to be designated by Seller which is reasonably convenient agrees a 16. The Buyer to immediate)
insur-
to both parties. The Seller may resell said property at public ory provide effective private sale with or without having such property at the place ance coverage to coverall risks of loss of Buyer (including
of sale and upon such terms and in such manner as the Seller comprehensive and fire coverage) with loss payable to Seller
may determine. No notice shah.be raddled before disposition as its interests appear until the purchase price has been paid
except that specifically required by law.Removal by Seller shall in full.
not be a prerequisite to the Seller resng the property. The 17. The Buyer shall save-and hold harmless the Seller from any
Seller may buy at any public sale and if the collateral is of a and all liability for injury or damage of any kind, or claims for
type customarily sold in a regggnized market or is of a type same, to any persons or-property, arising out of the operation
which is the subject of widely distributed standard price quota- of the goods while in Buyer's possession and control and from
tions, he may buy at private sale. From the proceeds of any sale, the time the risk of lotpasses according to this contract and
the Seller shall deduct all expenses for retaking, repairing and fully indemnify the Seller from any and all expense resulting
selling such property, including a reasossble sum for attorney's therefrom;the Seller shall not be liable for any damages resulting
fees. The balance thereof shall be applied to the amount due and tb the Buyer by reason Of any delays or any alleged failure of
-any surplus shall be paid over to the Buys. In case of deficiency, any machine to operate or any goods to perform: In the event
the Buyer shall pay the same to Seller,with interest. of any failure to perform-not otherwise excused,Seller's liability
"` shall not exceed the purchase price paid for any item,and in.no 7. If any payments hereunder are doe paid when due, the event shall Seller be liable for consequential, special or contin •
-
• amount due shall draw interest at theme of 1%a%per month gent damages of any natpsp,
until paid,together with all attorney's fees and other costs and 18. Should an
charges for the collection thereof. part of this Contract be held contrary to law,
•
invaldity of such part shall not affect other parts of this Contract
8. Seller shall not be liable for any fairilt or delay of whatever and the the other parts shallllrmain valid and enforceable. •
-
nature due to any causes beyond Seller's reasonable control. 19. Seller reserves the right in its sole discretion to increase or •
All delivery dates are approximate only. decrease the total price ter the machinery described on the face
9. NEW MACHINE WARRANTY: "-- hereof and the delivery-thereof shall be subject to strikes, lock-
Machinery described herein is sold subject to the terms of outs, accidents, fire, delays in manufacturer transportation or
the applicable manufacturer warrantiiart'copies of which are delivery of material, acts of God, embargoes, governmental
supplied to Buyer with the purchase of thaynachinery. action, increase in manefacturer's prices, unanticipated costs
incurred in reconditionqitjp�,sthe machinery or any part thereof or
10. USED MACHINE WARRANTY—.' RTIF'ED BUY" -any other causes beyoit he control of the Seller whether the
The Seller agrees to share equally with Buyer the costs of same as or different from the matters hereinbefore-specifically
labor and material for repairs made by, pproved in advance by enumerated.
Seller to correct mechanical failure,due; defective parts and/or -.4
20.
workmanship which prevents the m. ne from functioning The sale of the machinery upon the terms and conditions
normally during the first thirty (30) d rom date of delivery, set forth on the face of shall be subject to prior credit
except that the cost, if any, of trans g said used machine approval by the Credit artment of Seller. There are no oral
from and to the Seller's place of busts shall be paid by the agreements,guarantees, mises, conditions, representations or
Buyer. This warranty is void unless clean is made by Buyer to warranties except as specifically set forth herein or by separate
the Seller within three (3) days after-, Covert' of,the defect- written instwment duly executed by an authorized represents-
upon which the claim is based.The Se is obligated to make .five of Seller; no additog to or erasure in the printed portion
such warranty repairs during regular w rking hours at regular- of this Fotm shall be• ing upon either party. It is further
time labor rates. IF AT THE REQUEST, OF BUYER, SUCH understood that all ice on this Form are offered subject to
WARRANTY REPAIRS ARE PERFORMED DURING OVER- Prior sale. n.
TIME HOURS, SELLER WILL CHARGE BUYER THE DIF-
FERENCE BETWEEN AMOUNT COMPUTED AT SELLER'S — - -
REGULAR-TIME LABOR RATES AND OVERTIME LABOR 1-
'ffiATES AND SHALL BE PAID THIS MONO'BY BUYER AS F
A LONDIT ION OF THIS ORDER.This kairranty shall notapply
to parts made unserviceable due to la lubrication, neglect, p
abuse, improper operation, application nstallation by Buyer,
overwork, or for normal wear and tear. res and undercarriage • 't
se-
overwork,
components are not covered by this ty.F No guarantee is ;-
made or authorized by Seller other tlaWLthat set forth in this
paragraph. -'
11. USED MACHINE WARRANTY—SIJY&TRY"
If Buyer within five (5) days aftpreceipt of the above
described equipment and attachments, returns the same in as
good condition as when received, in the opinion of Wagner
Equipment Co., which shall be binding,with return transporta-
• -tton prepaid by Buyer, to Seller at the seeress shown below,the -s
sale-will be cancelled and Seller will refund to Buyer all payments
� made thereon. No guarantee or warrantees made or authorized
by Seller other than that set forth in thil;egaragraph.
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