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HomeMy WebLinkAbout20182658.tiffJOHN DEERE FINANCIAL LEASE AGREEMENT Application ID: 12695402 Version Number: 6 Governmental / F.S,SFF'S HAW AND PHYSICAL At)!>RFSS WELD COUNTY 11500 ST GREELEY, CO 80831-9596 LESSEES TAX ID NUMBER **-***0813 LESSEE'S PHONE NO. 970-356-4000 TYPE OF BUSINESS Municipality LESSEE RESIDES IN (County/State) WELD, CO LESSEE AGREES TO KEEP GOODS IN County/State) See Equipment Location and County for each Item of Equipment below NAME AND TITLE OF SIGNING OFFICER BARBARA KIRKMEYER • CHAIR -WELD COUNTY BOARD OF COMMISSIONERS LESSOR'S NAME AND ADDRESS Deere Credit, Inc. P,O, Box 6600 Johnston, IA 50131-2945 PHONE NUMBER 800-828-8297 This Lease Agreement ("Lease Agreement") is entered into between Deere Credit, Inc., as Lessor ("we", "us" or "our"), and the Lessee and any Co -Lessee identified above ("you" or "your"). Each Lessee and Co -Lessee shall be jointly and severally liable for all obligations under this Lease Agreement. g, U1PMENT LEASED Year Manufacturer Equipment Description Engine Hour Limit Per Year Excess Hour Charge EOutside L�osetiont County City Limits 2019 JOHN DEERE 772GP Motor Grader 1500 $65.00 GREELEY, CO Yes ADDITIONAL DETAILS Product ID Engine Hour Meter Asset Level Payment' Purchase Option Price 1 DW772GPJJF692535 5 $2,972.31 $246,699.90 1DW772GPHJF692526 5 $2,972.30 $246,699.90 1DW772GPTJF692529 5 $2,972.30 $246,699.90 1DW772GPKJF692615 5 $2,972.30 $246,699.90 Total Purchase Option Price $986,799.60 'Asset Level Payments may not include applicable sales taxes. For purposes of this Lease Agreement, "Lease Payments" means the Lease Payment as identified below. LEASE PAYMENTS LEASE TERM START DATE: January 18, 2019 LEASE TERM END DATE: January 18, 2022 The first Lease Payment Due Date is January 18, 2019 and each successive Lease Payment is due on the same day of the Month thereafter, (the "Billing Period"), unless otherwise provided below NUMBER OF PAYMENTS AGGREGATE OF ASSET LEVEL PAYMENTS SALES/USE TAX LEASE PAYMENT DUE DATE 36 $11,889.21 $0.00 $11,889.21 January 18, 2019 THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Revision .Date: 18 November 2018 CA) r1,S,Q, 1n H1.- F1 11 Settlement Nbr: 12695402 Equipment Type: Construction & Forestry Commercial Application ID: 126"A2 „,version Number: 6 01/10/2019 02:40 PM Page 1 of 5 III t I I I �iiim1111111 ao/La-5-85 cgda7t TERMS AND CONDITIONS 1 Lease Term. Payments You agree to lease from us the Equipment described in this Lease Agreement for the Lease Term The Lease Term will begin on the Lease Term Start Date and end on the Lease Term End Date All attachments and accessories itemized in this Lease Agreement and all replacements, parts and repairs to the Equipment shall form part of the Equipment This Lease Agreement is not accepted by us until we sign it, even if you have made a payment to us You agree to remit the Lease Payments each Billing Period and all other amounts (including applicable sales, use and property taxes) when due to DEERE CREDIT, INC , P O Box 4450, Carol Stream, IL 60197-4450, even if we do not send you a bill or an invoice YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE, UNCONDITIONAL, AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER For any payment which is not received by its due date, you agree to pay a late charge equal to 4 000% of the past due amount (not to exceed the maximum amount permitted by law) as reasonable collection costs, plus interest from the due date until paid at a rate of 1 5% per month, but in no event more than the maximum lawful rate Restrictive endorsements on checks you send us will not change or reduce your obligations to us If a payment is returned to us by the bank for any reason, you agree to pay us a fee of $25 00 or the maximum amount permitted by law, whichever is less Lease Payments and other payments may be applied, at our discretion, to any obligation you may have to us or any of our affiliates If the total of all payments made during the Lease Term exceeds the total of all amounts due under this Lease Agreement by less than $25 00 we may retain such excess Lease Payments may be based on the assumption that we will be entitled to certain tax benefits as the owner of the Equipment If you take or fail to take any action that results in a loss of such tax benefits, you will pay us, on demand, the amount we calculate as the value of such lost tax benefits You certify that the engine hour meter reading on each Item of Equipment is accurate as of the date you sign this Lease Agreement If you use any Equipment during the Lease Term for more than the Engine Hour Limit indicated above for that Item of Equipment, you will pay to us within 10 days of the Lease Term End Date (or any earlier termination of this Lease Agreement) an amount equal to the Excess Hour Charge for that Item of Equipment for each engine hour in excess of the Engine Hour Limit If this Lease Agreement is terminated, canceled or extended for any reason, the Engine Hour Limit will be prorated by us in our sole discretion 2 Security Deposit. If a Security Deposit is indicated in the Advance Lease Payment Invoice, the Security Deposit will be held by us in a non -interest -bearing account commingled with other funds We may apply the Security Deposit to any amounts due under this Lease Agreement and, if we do so, you agree to promptly remit to us the amount necessary to restore the Security Deposit to the original amount The Security Deposit will be returned to you within 30 days of termination of this Lease Agreement and final inspection by us, provided you are not in default 3 Taxes Although you may be exempt from the payment of certain Taxes, you agree to pay us when invoiced (a) all sales use, rental, gross receipts and all other taxes which may be imposed on the Equipment or its use, and (b) all taxes and governmental charges associated with the ownership, use or possession of the Equipment including, but not limited to, personal property and ad valorem taxes ("Taxes") Taxes do not include those measured by our net income If applicable law requires tax returns or reports to be filed by you, you agree to promptly file such tax return and reports and deliver copies to us You agree to keep and make available to us all tax returns and reports for Taxes paid by you 4 Ownership. Missing Information We are the owner of the Equipment and you have the right to use the Equipment under the terms of this Lease Agreement You agree to keep the Equipment free and clear of liens and encumbrances, except those in our favor, and promptly notify us if a lien or encumbrance is placed or threatened against the Equipment You irrevocably authorize us, at any time, to (a) insert or correct information on this Lease Agreement, including your correct legal name, serial numbers and equipment descriptions, (b) submit notices and proofs of loss for any required insurance and (c) endorse your name on remittances for insurance and Equipment sale or lease proceeds 5 Equipment Maintenance. Operation and Use You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, (b) not permanently move the Equipment to another county or state without notifying us within 30 days, (c) operate and maintain the Equipment in accordance with all (i) laws, ordinances and regulations, (n) manuals and other instructions issued by the manufacturer(s) and supplier(s), and (iii) insurance policy terms and requirements, (d) perform (at your own expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to you, reasonable wear excepted, (e) not install or use any accessory or device on the Equipment which may damage or otherwise negatively affect the value, manufacturer warranty coverage, useful life or the originally intended function or use of the Equipment in any way, (f) remove any non -financed accessory or device which is not otherwise prohibited under subsection (e) above before lease expiration or earlier termination without damaging the Equipment, (g) allow us and our agent(s) to inspect the Equipment and all of your records related to its use, maintenance and repair at any reasonable time, (h) keep any metering device installed on the Equipment connected and in good working condition at all times, (i) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you, and (U) not permit the Equipment to be used by, or to be in the possession of, anyone other than you or your employees 6 Insurance You agree, at your cost, to (a) keep the Equipment insured against all risks of physical damage for no less than its Termination Value (as such term is defined in Section 7 below), naming us (and our successors and assigns) as sole loss payee, and (b) maintain public liability insurance, covering personal injury and property damage for not less than $1 000 000 per occurrence, naming us (and our successors and assigns) as additional insured All insurance must be with companies and policies acceptable to us Your obligation to insure the Equipment continues until you return the Equipment to us and we accept it Each insurance policy must provide that (a) our interest in the policy will not be invalidated by any act, omission breach or neglect of anyone other than us, and (b) the insurer will give us at least 30 days' prior wntten notice before any cancellation of or material change to the policy Unless you provide us with evidence of the required insurance coverages, we may purchase insurance at your expense to protect our interests in the Equipment This insurance may not (a) protect your interests, or (b) pay any claim that you make or any claim that is made against you in connection with the Equipment You may later cancel any insurance purchased by us, but only after providing us with evidence that you have obtained the insurance required by this Lease Agreement The cost of the insurance may be more than the cost of insurance you may be able to obtain on your own THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr 12695402 Equipment Type Construction & Forestry Commercial DOC7000 Application ID 12695402 Version Number 6 01/10/2019 02 40 PM Page 2 of 5 Revision Date 18 November 2018 II 0 !I B HI i Dui IuIll 11111 i IIIII il Hill II II II II il ill III 7 Loss or Damage Until the Equipment is returned to us in satisfactory condition you are responsible for all risk of loss, damage, theft, destruction or seizure of the Equipment (an 'Event of Loss") You must promptly notify us of any Event of Loss If the Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, and the terms of this Lease Agreement will continue to apply If the Equipment cannot be repaired or replaced, you agree to pay us, within 10 days of the Event of Loss, its Termination Value as of the day before such Event of Loss occurred Upon receipt of the Termination Value, we will transfer to you (or the insurance company) all of our rights, title and interest in such Item(s) of Equipment (each, an 'Item of Equipment ) AS -IS, WHERE - IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE All insurance proceeds must be paid directly to us, and we may apply any excess insurance proceeds to any other amounts you owe us or any of our affiliates 'Termination Value" for any Item of Equipment shall be the net book value calculated as the sum of (a) all Lease Payments and any other amounts then due and payable to us, plus (b) the present value of all remaining Lease Payments and other amounts, discounted at the, Internal Rate of Return or, if a discount rate is set forth in this Lease Agreement, such discount rate (the "Discount Rate") plus (c) the unamortized amount of our direct costs of originating and administering this Lease Agreement, plus (d) cost to repair and refurbish the Item so that it is in satisfactory condition in accordance with Section 10, plus (e) the present value of the Purchase Option Price (or, if there is no Purchase Option Price, the residual value that we assumed in calculating the Lease Payments) discounted at the Discount Rate "Internal Rate of Return" shall be calculated using standard finance techniques with the equipment cost, Lease Payments, Lease Term and Purchase Option Price (or residual value assumption) as the variables "Discount Rate" shall mean the Internal Rate of Return minus two percentage points (2%) 8 Purchase Option In the event you desire to purchase an Item of Equipment at the Lease Term End Date and you are not in default, you agree to pay us the applicable Purchase Option Price (plus applicable Taxes including estimated property taxes) for each Item of Equipment Upon receipt of the Purchase Option Price and any other amounts you owe us on or before the Lease Term End Date, we will transfer to you all of our right, title and interest in such Item(s) of Equipment AS -IS, WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE 9 Early Payoff In the event you desire to purchase an Item of Equipment prior to the Lease Term End Date, are not in default and you request a payoff amount quote, you agree to pay us the payoff amount Upon receipt of the payoff amount, we will transfer to you all of our right, title and interest in such Item of Equipment AS -IS, WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE 10 Return of Equipment If this Lease Agreement is terminated for any reason and you do not (a) return the Equipment to us, or, (b) exercise any Purchase Option, you agree to remit to us, until such time as the Equipment is returned to us in accordance with the provisions of this Section, lease payments each month equal to the higher of (i) the monthly fair market rental value of the Equipment, as determined by us in our sole discretion, or (n) the monthly Lease Payment (or the monthly lease payment equivalent if the Lease Payments are other than monthly (e g , for annual Lease Payments, the monthly lease payment equivalent would be calculated by dividing the annual Lease Payment by 12)) All Equipment must be returned to the nearest John Deere dealer that sells equipment substantially similar to the Equipment, at your expense and in satisfactory condition, along with all use, maintenance and repair records Equipment is in satisfactory condition if it is in as good a condition as when the Equipment was delivered to you, reasonable wear excepted Unsatisfactory condition shall include any condition described below ('Excessive Wear and Tear ) (a) Mechanical (A) Computer systems or safety and emission control equipment not in proper working order, (B) mechanical components that are missing, broken or unsafe or that do not operate normally, given the age of the Equipment, (C) wear on power train assembly that exceeds manufacturer's standards for normal wear and tear (D) any air filters not within manufacturer's specifications, (E) any gauges or fluid indicators that are damaged or do not function, (F) the electrical system fails to operate properly, (G) the battery fails to hold a charge, (H) any wire harnesses not tied down and kept secured dry and clean, (I) any pumps, motors, valves or cylinders not in good operating condition or that fail to meet manufacturer's rated specifications, (J) hydraulic system exceeds manufacturer's then -current contaminant standards (as shown by oil sample analysis), (K) equipment not serviced according to manufacturer's operating manual, and/or (L) any lubricant, water or A/C seal leaks (b) Exterior (A) Dents larger than 2 inches in diameter, (B) excessive number of dents or scratches, (C) any scratch 8" or longer that reaches the metal skin, (D) any single chip the size of a quarter or larger or multiple small chips within one square foot (E) substandard paint repairs, such as peeling, bubbling or mismatched shades that evidence poor condition in comparison to the original paint and require repainting at a cost in excess of $200, (F) rust holes in the body metal or a rust spot that covers more than a 4 -inch square area, (G) any glass that must be replaced due to cracks or missing glass and any windshield damages cracked or broken glass must be replaced, (H) all frame damage and substandard frame repairs, and/or (I) any tires or tracks that (i) have broken side walls or excessive cuts or damages, (a) have less than 50% of the original useful life remaining, or (vi) are not of the same size, type grade or equivalent quality manufacturer as were originally included on the Equipment (c) Cab/Operator Platform (A) Heavy interior soil or strong odors, such as manure, that cannot be removed by general cleaning, (B) unclean condition of operator environment, and/or (C) holes, tears, or burns on the dash, floor covers, seats, headliners, upholstery or interior (d) General (A) Equipment not operated or maintained in accordance with manufacturer's specifications or if components, fuels or fluids, on or in connection with the Equipment that do not meet manufacturer's standards were used and/or (B) any other damage that in the aggregate costs $250 or more to repair or that makes the Equipment unlawful or unsafe to operate e Other (A) All warranty and PIP ("Product Improvement Program ) work relating to the Equipment must be completed prior to the Lease Term End Date, (B) the Equipment must be cleaned prior to its return (f) Hour Meter For each Item of Equipment returned with a broken or missing hour meter, you shall accept an invoice from us and remit to us an amount equal to $1,000 You agree that the engine hour meter included with the Equipment is conclusive of the number of hours of Equipment use (a) Invoices for Excess Wear And Tear Upon any return of the Equipment, we shall, in our sole discretion, determine the existence of any Excessive Wear and Tear In the event any Item of Equipment is returned to us with Excessive Wear and Tear, you shall, at our sole discretion, (A) accept an invoice from us and remit to us the cost of repairing or replacing the affected component(s) which we determine necessary to return the Equipment to its required condition, and/or (B) accept an invoice from us and remit to us an amount equal to our estimate of (i) the cost of new tires or tracks if the tires or tracks are damaged due to broken side walls or excessive cuts or damage, or (a) the cost of new tires or tracks multiplied by the difference between (a) our estimate of the percentage of the useful life of the tires and tracks then remaining, and (b) 50% For example, if you return Equipment with tires having 20% of their useful life remaining, you would remit to us an amount equal to 30% of the cost of new tires ((50% - 20%) multiplied by the cost of new tires) Your failure to remit the required payment to us within 10 days of demand shall constitute a default by you under the terms of this Lease Agreement THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr 12695402 Equipment Type Construction & Forestry Commercial DOC7000 Application ID 12695402 Version Number 6 01/10/2019 02 40 PM Page 3 of 5 Revision Date 18 November 2018 ilil III i H I lill II i II MI III lill I lill II EI il II 11 Default You will be in default if (a) you fail to remit to us any Lease Payment or other payment when due, (b) you breach any other provision of this Lease Agreement and fail to cure such breach within 10 days, (c) you remove any Equipment from the United States, (d) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law, (e) a default occurs under any other agreement between you (or any of your affiliates) and us (or any of our affiliates), (f) you or any guarantor is acquired by, merges with or consolidates into another entity, sells substantially all its assets, dissolves or terminates its existence, or (if an individual) dies, or (g) you fail to maintain the insurance required by Section 6 Time is of the essence under this Lease Agreement 12 Remedies If a default occurs, we may, to the extent permitted by applicable law, do one or more of the following (a) require you to return the Equipment in the manner outlined in Section 10, or take possession of the Equipment, (b) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY (i) if the Equipment is returned to to us, the sum of (1) all Lease Payments and any other amounts then due and payable to us, (2) the present value of all remaining Lease Payments and other amounts, discounted at the Discount Rate, (3) the cost to repair and refurbish the Item of Equipment so that it is in satisfactory condition in accordance with Section 10, and (4) the unamortized amount of our initial direct costs of originating and administering this Lease Agreement, (s) if the Equipment is not returned to us, the Termination Value as of the date of such default, or (iii) if you are in default of subsection (e) of Section 5 above the Termination Value as of the date of such default, (c) declare any other agreements between you and us (or any of our affiliates) in default, (d) terminate any of your rights (but none of your obligations) under this Lease Agreement and any other agreement between you and us (or any of our affiliates), (e) charge you for the expenses incurred in connection with the enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys' fees and court costs, (f) exercise any other remedy available at law or in equity, and (g) take on your behalf (at your expense) any action required by this Lease Agreement which you fail to take These remedies are cumulative, are in addition to any other remedies provided by law, and may be exercised concurrently or separately Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right 13 Assignment You will not assign, pledge or otherwise transfer any of your rights or interests in this Lease Agreement or any Equipment without our prior written consent Any assignment without our consent will be void This Lease Agreement shall be binding upon any successor or permitted assignee We may assign this Lease Agreement or our interest in the Equipment at any time without notice to you and without your consent We may provide information about you to any prospective assignee or participant You agree not to assert against our assignee any claims, offsets or defenses which you may have against us 14 Indemnity 'You are responsible for all losses, damage, claims, injuries to or the death of an individual, and attorneys' fees and costs ( Claims ), incurred or asserted by any person, in any manner related to the Equipment or this Lease Agreement thereof, including its use, condition or possession You agree to defend and indemnify us, and hold us harmless, against all Claims, although we reserve the right to control the defense and to select or approve defense counsel You will promptly notify us of all Claims made Your liability under this Section is not limited to the amounts of insurance required under this Lease Agreement This indemnity continues beyond the termination of this Lease Agreement for acts or omissions which occurred during the Lease Term 15 Representations and Warranties You represent and warrant to us, as of the date of this Lease Agreement, and covenant to us so long as this Lease Agreement is in effect, that a) you are a State, or a political subdivision thereof, for purposes of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), (b) any documents required to be delivered in connection with the Lease (collectively, the "Documents") have been duly authorized by you in accordance with all applicable laws, rules, ordinances, and regulations, (c) the Documents are valid legal binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, (d) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the Lease Term only by you and only to perform such function, (e) you intend to use the Equipment for the entire Lease Term and shall take all necessary action to include in your annual budget any funds required to fulfill your obligations each fiscal period during the Lease Term, (f) you have complied fully with all applicable law governing open meetings, public bidding and appropriations, required in connection with the Lease and the debt under applicable state law, (g) your obligations to remit Lease Payments and other amounts due and to become due under the Lease constitute a current expense and not a debt under applicable state law, (h) all financial information you have provided is true and a reasonable representation of your financial condition, (i) you shall not do or cause to be done any act which shall cause, or by omission of any act allow the interest portion of any Lease Payment to become includible in our gross income for Federal income taxation purposes under the Code, (I) you shall maintain a complete and accurate account of all assignments of the Lease in the form sufficient to comply with book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time, and (k) you shall comply with the information reporting requirements of Section 149(e) of the Code Such compliance shall include, but not be limited to, the execution of 8038-G or 8038 -GC Information Returns You acknowledge and agree that (a) we did not select, manufacture or supply any of the Equipment, (b) we acquired the Equipment at your direction, (c) you selected the supplier of the Equipment, (d) you are entitled to all manufacturer warranties ("Warranty Rights") and we assign all Warranty Rights, to you to the extent assignable, (e) you may request an accurate and complete statement of the Warranty Rights, including any disclaimers and limitations, directly from the manufacturer, and (f) you assign to us all your rights (but none of your obligations) under all purchase orders, purchase agreements or similar documents relating to the Equipment You waive all rights and remedies conferred upon a lessee under Sections 508 - 522 of Article 2A of the Uniform Commercial Code 16 Governing Law. Jurisdiction. Venue THIS LEASE AGREEMENT WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF IOWA, WHERE THIS LEASE AGREEMENT IS ACCEPTED AND ENTERED INTO, except for its conflict of laws provisions You irrevocably submit to the non-exclusive jurisdiction and venue of federal and state courts located in Des Moines, Iowa and will not claim it is an inconvenient forum for legal action YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU AND WE MAY HAVE TO A JURY TRIAL 17 Miscellaneous WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES You acknowledge that no supplier or dealer of the Equipment is an agent of ours, or authorized to act for or bind us You agree not to withhold any amount you owe us if you believe you have a claim against us, or any Equipment supplier(s) or manufacturer(s), but to pursue that claim independently Any claim you have against us must be made within two years after the event that caused it All notices must be in writing and will be deemed given 5 days after mailing to the intended recipient at its address indicated above, unless changed by a notice given in accordance with this Section This Lease Agreement supersedes and replaces all prior understandings and communications (oral or written) concerning the THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr 12695402 Equipment Type Construction & Forestry Commercial DOC7000 Application ID 12695402 Version Number 6 01/10/2019 02 40 PM Page 4 of 5 Revision Date 18 November 2018 190 9 I ill 911 III III El 9 MI II II II il II II (Page 5 of 5) subject matter thereof. Except as otherwise provided in Section 12(d) no part of this Lease Agreement can be amended, waived or terminated except by a wnting signed by both you and us. Any part of this Lease Agreement may be signed in separate counterparts that, together, will constitute one document If a court finds any pan of this Lease Agreement to be invalid or unenforceable, the remainder of this Lease Agreement will remain in effect You permit us to monitor and record telephone conversations between you and us. By providing any telephone number, including a mobile phone number. to us, any of our affiliates or any debt collectors we retain, we. such affiliates and such retained debt collectors can contact you using that number, including calls using an automatic dialing and announcing device and prerecorded calls: and that such calls are not "unsolicited' under state or federal taw All of our rights under this Lease Agreement shall remain in effect after the expiration of the Lease Term or termination of this Lease Agreement Notwithstanding any other election you make. you agree that (a) we can access, retain and use. at any times we elect any information regarding the location. maintenance. operation and condition of the Equipment (b) you irrevocably authorize anyone in possession of that tformabon to provide all of that information to us upon our request until our secunty interest in the Equipment is terminated, (c) you will not disable or otherwise interfere with any Information gathering or transmission device within or attached to the Equipment: and ( d) we may reactivate any such device. You acknowledge and agree that our night to sell the Equipment under this Lease Agreement will be at our sore discretion, assigned to John Deere Exchange. LLC Notwithstanding anything above to the contrary. regardless of our assignment of these rights you acknowledge and agree that all obligations of you and us under this Lease Agreement shall govern the relationship between you and us hereto 18 Non -Appropriation of Funds You intend to remit to us all Lease Payments and other payments for the full Lease Term if funds are legally available. in the event you are not granted an appropriation of funds at any time dunng the Lease Term for the Equipment or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to you to remit Lease Payments and other payments due and to become due under this Lease Agreement. and there is no other legal procedure or available funds by or with which payment can be made to us. and the non -appropriation did not result from an act or omission by you. you shall have the right to return the Equipment in accordance with Section 10 of this Lease Agreement and terminate this Lease Agreement on the fast day of the fiscal period for which appropriations were received without penalty or expense to you. except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted At least 30 days prior to the end of your fiscal period your chief execubve officer (or legal counsel) shall certify in wnting that (a) funds have not been appropriated for the fiscal period (b) such non -appropriation did not result from any act or failure to act by you, and (c) you have exhausted all funds legally available to pay Lease Payments. If you terminate the Lease because of a non - appropriation of funds. you may not. to the extent permitted by applicable law purchase, lease. or rent. during the subsequent fiscal period. equipment performing Me same functions as, or functions taking the place of. those performed by the Equipment. This Section 18 shall not permit you to terminate the Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the application for which the Equipment is intended. If you terminate the Lease because of a non -appropriation of hinds, the provisions of Section 8 shall not apply THE TERMS OF THIS LEASE AGREEMENT SHOULD BE READ CAREFULLY BEFORE SIGNING BECAUSE ONLY THESE WRITTEN TERMS ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES MAY BE LEGALLY ENFORCED. BY SIGNING THIS LEASE AGREEMENT, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LEASE AGREEMENT. THIS LEASE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. NOTICES TO THE LESSEE- DO NOT SIGN THIS LEASE AGREEMENT IN BLANK. YOU ARE ENTITLED TO A COPY OF THE LEASE AGREEMENT AT THE TIME YOU SIGN IT TO PROTECT YOUR LEGAL RIGHTS. WELD COUNTY • 16 1.119 By Date Signed BARBARA KIRKMEYER CHAI /VELD COUNTY ARID OF COMMISSIONERS Accepted ey: Deere Credit, Inc. (Lessor) 6400 NW 86th Street, Johnston, IA 50131-6600 (Date Agreerrent Stgned) By: It` tips r~1 AutN. , _. S,gnaturet THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE [DOC7000 segment Net 12695401 Equpmer«l type Construction & Forestry Corn eercaal Aao+Icebon t0 12695402 visor, Nurntr 6 0111012019 02:4C Ps., Page 5of5 Renton Date '8 November 2018 11 i i i i ni i II ,Foisi- 44,51 JcHNJ DEERE Advance Lease Payment Invoice 0 Due Date: 01/18/2019 FINANCIAL Total Due: $11,889.21 Purchase Number: Order Billing Address: Updated Billing Information: WELD PO GREELEY, BOX COUNTY 758 CO 80632-0758 Please Note: All future invoices will be sent to the billing address shown unless you update your billing information above. Manufacturer Model Product ID Due Date Payment Sales/Use Tax Security Deposit Total Due At Signing JOHN DEERE 772GP 1DW772GPJJF692535 01/18/2019 $11.889.21 50.00 $0.00 $11,889.21 Correspondence Only: Remit Checks Payable To: Deere Attn: PO Johnston, Phone: Fax: Box Credit, Lease 6600 IA (800) (800) Inc. Administration 50131-6600 254-0020 828-8297 Deere Attn: PO Johnston, Box Credit, Acct. 6600 IA Dept.- Inc. 50131-6600 ALP Processing TO ENSURE PROPER CREDIT, STAPLE CHECK AND DOCUMENTS. RETURN THIS INVOICE WITH THE LEASE AGREEMENT STAPLE ADVANCE LEASE PAYMENT CHECK HERE Every dishonored check will result in a fee of $25.00 or an amount not to exceed the highest amount permitted by law. Revision Date: 19 August 2018 Application ID: 12695402 Version Number:6 FORM 0716 i i i i i i i i i i i i iu i Page 1 of 1 JOHN DEERE FINANCIAL Automatic Payment Enrollment How to Enroll — There are two easy options available for enrollment: • Sign up today online by visiting our website at myjdfaccount.com , OR • Complete and sign this authorization form and send to us: Fax — 800-826-9527 Email - JDFCustomerService@JohnDeere.com Mail - John Deere Financial ATTN: Payment Specialist PO BOX 5327 Madison, WI 53705 Please write legibly and provide all information requested. Bank Account Information - Please see page 2 of the form for instructions. N ame of Financial Institution: City & State: N ame of Person or Entity on Bank Account: 9 digit Routing / Transit #: Type of Account: Checking Bank Account Number: Savings John Account Deere App Number ID Financial / John Accountholder Deere Financial Name Accountholder Number Phone I request to starting begin automatic with in the my month payments payment of: # 12695402 WELD COUNTY 970-356-4000 01/18/2019 JOHN DEERE FINANCIAL AUTOMATIC PAYMENT AUTHORIZATION FORM My signature authorizes Deere Credit Services, Inc. and its affiliates, ("the Company"), to initiate debit entries to the checking/savings account that I have provided to the Company for the regularly scheduled payments or other amounts owed to the Company on each individual John Deere Financial account referenced. I also authorize the Company to issue credit entries to the checking/savings account as necessary for amounts that may be due to me. This authorization is to remain in full force and effect until canceled by the Company, or by written notification from me, given in such time and manner as to allow the Company a reasonable opportunity to act upon it. If any of the referenced John Deere Financial accounts is closed due to an Add -On transaction, consolidation or corrected loan agreement and I have recurring payments, this enrollment and banking information will be transferred to my new account(s). I acknowledge that I am subject to the NACHA Operating Rules and Guidelines applicable to electronic debit entries to my bank account. I understand any payment due prior to the month I requested above for each individual account must be made in order to be eligible for automatic payment for that account. Bank Account Owner Signature Date Bank Account Owner Phone Number Revision Date: 3 March 2017 Application ID: 12695402 Version Nu nber 6 FORM0003 i NI i i i i i i i i i i ua IN i i Page 1 of 2 JOHN DEERE FINANCIAL Delivery and Acknowledgment LESSEE: WELD 1150 COUNTY O ST, GREELEY, CO 80631-9596 LESSOR: DEERE 6400 CREDIT, NW 86th ST, INC. PO BOX 6600, JOHNSTON, IA 50131-6600 Capitalized terms shall have the meanings set forth in the Lease Agreement. You hereby represent and warrant that: (a) all of the Equipment more fully described in the Lease Agreement was selected by you; (b) all of the Equipment and the Operator's Manuals have been delivered to, and received by, you; (c) you received the manufacturer's written warranty applicable to the Equipment and you understand that your rights are subject to the limitations outlined therein; (d) the safe operation and the proper servicing of the Equipment has been explained to you; (e) all of the Equipment has been inspected by you and is in good working order and repair (operating or otherwise); (f) the Equipment shall be used only for the purpose indicated in the Lease Agreement; (g) all of the Equipment is unconditionally and irrevocably accepted by you for all purposes under the Lease Agreement; and (h) all information you provide to us is true and correct. Signed by Lessee's duly authorized representative on the date shown below. WELD COUNTY JAN 16 ZQi9 (Date Signed) By: ARrIARA KIRKMEYER, CHAIR -WE D COUNTY BOARS OF COMMISSIONERS Revision Date: 25 February 2018 Application ID: 12695402 Version Number:6 DOC7009 i I I II i i II i i i i II i i nip i I I II I i Pagel oft .JOHN DEERE FINANCIAL Physical Damage/Liability Insurance LESSEE: WELD 1150 COUNTY O ST, GREELEY, CO 80631-9596 DEERE CREDIT, INC. LESSOR: 6400 NW 86th ST, PO BOX 6600, JOHNSTON, IA 50131-6600 LIABILITY INSURANCE on the Lease Agreement will be provided by the following insurance agency: Name of t Agency: �C C&QA-v ', Phone Number _8H of -°sort Agency: Mailing Bco Address CH'I'C�� of Agency: ��..Q.�-� cGUI-WU� / Fax Number �� of Agency: (- 2 z �� t PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency: Name of Agency: (-) Phone Number of Agency: eikOreLLILO coL4vthQc C_CtSCCal +V) ICLI e:O3 -- Mo ( - - 41 j 9/)k M/ailiin`g Address of Agency: Fax Number of Agency: &awry 9-zr-Jail-- Lc( 4-e //\/ 1-1---cb 4nc )� 00 Eta; 1 - i _ ); :.,L 1 , 2 ,.„---) ?_, If an insurance certificate is available, in place of the above information, it should be provided to: ADDITIONAL Deere Credit, INSURED Inc. and LOSS PAYEE: Its Successors &/or Assigns 6400 NW 86th St Johnston, IA 50131 I agree and understand that, pursuant to the provisions of Section 6 of the Lease Agreement, I must at all times (a) maintain public liability insurance, covering personal injury and property damage for not less than $1,000,000 per occurrence, naming Deere Credit, Inc. (and its successors and assigns) as additional insured: and (b) keep the Equipment insured against all risks of physical damage for no less than its Termination Value (as such term is defined in Section 7 of the Lease Agreement), naming Deere Credit, Inc. (and its successors and assigns) as sole loss payee. NOTICES TO LESSEE- DO NOT SIGN THIS PHYSICAL DAMAGE/LIABILITY INSURANCE IN BLANK. YOU ARE ENTITLED TO A COPY OF THE PHYSICAL DAMAGE/LIABILITY INSURANCE AT THE TIME YOU SIGN IT TO PROTECT YOUR LEGAL RIGHTS. WELD COUNTY JAN 1 s Zois By: (Date Signed) B/RBARA KIRKMEYER, CHAIR-WLD COUNTY BOA&D OF COMMISSIONERS Revision Date: 15 January 2017 i i i i i Application ID: 12695402 i i i i i Version Number: N i i i aoi8.aL58 FORM0717 Page 1of1 DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE Standard Colorado Affidavit of Exempt Sale This form is required by the State of Colorado for any transaction on which an exemption from state tax is claimed for charitable and government entities. The seller is required to maintain a completed form for each tax-exempt sale. Furnish this form to the seller. Do not return this form to the State of Colorado. Purchase Details ❑ Purchase for resale - or - Purchase for wholesale (see instructions) State license number (not FEIN number): Issuing state Expiration (Attach a copy of state license) I affirm items purchased are for resale/wholesale in the ordinary course of business. Initial ❑ Purchase by religious or charitable organization (exemptions may vary by jurisdiction) State tax-exempt number (not FEIN number): (Attach Payment a copy information of state exemption (required to certificate) meet one of the following): Paid by cash and accompanied by a purchase order from the organization Paid by check drawn on funds of the exempt organization ❑ Paid by purchasing card bearing information of the exempt organization The embossed name of the card is: Paid by commercial card not a personal credit card - card's last four digits: X Purchase by federal, state, or local government Credit card number (first six and last four only: - xx-xxxx- . Federal government (payment information - required to meet one of the following): GSA SmartPay2 card — fleet card with picture of a road and flag GSA SmartPay2 card — purchase card with picture of a keyboard and flag GSA SmartPay2 card — travel card with picture of an airplane and flag ❑ GSA SmartPay2 card — integrated card with picture of an eagle and flag ❑ Dept of Interior agency issued card — agency name . State and local government (payment information - required to meet one of the following): Paid by check issued by and drawn on funds from the government agency ❑ Paid by government purchase card as designated on the card State tax-exempt number printed on the card (Colorado only): f l Check if the card states "for official state use only" or "tax exempt" Purchase by foreign and diplomatic exemptions (required to meet the following): ❑ Purchaser presents a state department issued card with the name/photo of the bearer on the card. If presented with this card, documentation of form of payment is not required (excluding mission card). Purchaser Information Legal WELD Name of COUNTY Company/Organization/Agency Name Purchaser Name (Printed) Address 1150 O ST City GREELEY State CO Zip + 4 80631-9596 Phone (970) 356-4000 State/Driver License # Description CONSTRUCTION of Normal Course EQUIPMENT of Business Under tax-exempt applicable penalty penalty will of be perjury, I swear or used for official or interest if my affirm business purchase that the of the is found information above to -named not qualify on this form is organization for the exemption true or and agency. correct or if the as I accept information to every that I material remain directly asserted matter. in this liable I affirm that the items for the taxes and form is deemed fraudulent. any purchased V Signature /(dide Date 1 6 2r319 C/A-ErjAN Seller Verification Seller DEERE Name CREDIT INC. Location 177476 # Date 01/10/19 Transaction 12695402 ID Employee ID# i Initials Description of Items Purchased or Attach Duplicate 1 DW772GPJJF692535, 1 DW772GPHJF692526,1 Receipt/Invoice DW772GPTJF692529. 772GP 1 DW772GPKJF692615 Motor Grader (s) Exempted Amount of Purchase oz0/1- ort-5i DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE Instructions for State of Colorado Affidavit of Exempt Sale These instructions are specific to the State of Colorado in which this purchase has been made Qualifying for an exemption may be different for each local jurisdiction, and these instructions are not intended to set forth the requirements of any local jurisdiction General Instructions Purpose of Form This form is used to certify to sellers that a purchase qualifies for exemption under Title 39, Article 26 of the Colorado Revised Statutes For Sellers, accepting and keeping this document helps you get correct information about the purchaser, which helps you prove this is an exempt sale during a tax audit For Purchasers, completing this document and giving it to a seller helps to speed up your purchase process Reminders Furnish to seller This form should be furnished to the seller charging the tax Do not send this form to the State of Colorado This form is not for organizations to request certification of their tax exempt status Direct payment required Purchases must be billed to and paid directly by the funds of the organization or agency in order to qualify for exemption Payment in cash (without a purchase order) or by personal check or personal credit card disqualifies a purchase from exemption even if the purchaser is subsequently reimbursed Purchases made on credit cards issued by the organization, but where the cardholder receives and pays the bill and is subsequently reimbursed, also do not qualify for exemption Reimbursement disqualifies exemption If the organization or agency will be reimbursed, in whole or in part, the purchase is disqualified from exemption For example, the purchase of food for a banquet for which the organization sells tickets as a fundraiser would not qualify for exemption Disputed tax must be collected If there is a dispute between the purchaser and the seller as to whether tax applies, the seller that collects the tax must give the purchaser a receipt showing the tax collected The purchaser may apply to the applicable municipality directly for a refund by filing a Claim for Refund form along with the appropriate documentation Signature required The individual making the purchase must sign and date the form at the bottom A separate affidavit is required for each transaction General purchaser or store information may be completed in advance and kept on file by the seller or purchaser for ease of use Purchaser Instructions Purchase details Identify the accurate qualified exemption reason and complete the required information for that exemption Purchaser information Print the legal name of the organization or agency Governmental agencies should include both the name of the government and the department or agency, for example, US Department of Transportation, Colorado Department of Education, or Adams County Human Services Abbreviations such as "Dept " are acceptable but do not use acronyms List the organization's or agency's mailing address, municipality, state, and zip code Declaration of affiant The individual making the purchase on behalf of the exempt organization or agency (the affiant) must complete the declaration Separate form required A separate affidavit is required for each transaction For ease of use, Purchase Details and Purchaser Information may be completed in advance and the partially completed form kept on file by the purchaser for completion at time of each transaction Signature You are swearing, under penalty of perjury, to the accuracy of the statements made in this affidavit Carefully read and ensure that you understand each item before signing this affidavit After reviewing the form for accuracy, sign and date the form Furnish this form to the seller Do not send a copy to the State of Colorado Seller Instructions Sellers have the burden of proving that a transaction was properly exempted If an exemption is subsequently disallowed by the State of Colorado, you (the seller) could be liable for the tax plus penalties and interest This form is provided to help you determine if a sale qualifies for exemption The sale is not exempt from taxes simply because this affidavit is completed The responsibility for proper collection of taxes remains with the seller You are encouraged to obtain this form for each transaction and complete all of the information in the lower Seller Venfication section (continued on next page) 1 Instructions for State of Colorado Affidavit of Exempt Sale (continued) These instructions are specific to the State of Colorado in which this purchase has been made Qualifying for an exemption may be different for each local jurisdiction, and these instructions are not intended to set forth the requirements of any local jurisdiction Resale/Wholesale transactions — To qualify as an exempt purchase for resale or wholesale, the items purchased must be reasonably deemed to be for sale in the ordinary course of business of the purchaser For resale/wholesale transactions the seller is required to not only collect the applicable license information, but to exercise sound judgment and a reasonable amount of skepticism to ensure the items purchased are reasonably for sale in the purchaser's ordinary course of business For example, a restaurant would not be allowed to purchase dish soap for resale because restaurants do not sell dish soap in the ordinary course of business, but rather use the dish soap in the operation of the business The affidavit needs to be completed in its entirety. Be sure information is complete, accurate and legible Review the information, and particularly verify that the driver license number and purchaser's name are correct Also, be sure that the digits that are required from the credit cards are correct Only record and keep those digits from the credit card that the affidavit requires The signature of the purchaser should be the same as on the driver license Sellers should review guidance on accepting government credit cards Not all cards qualify for exemption, even though they bear certain characteristics of exemption See FYI Sales 63 for more information Collection of this form does not provide a safe -harbor from disallowance by the State of Colorado Retain this form for at least 3 years State of Colorado Specific Instructions Charitable & Religious Organizations — The State of Colorado provides an exemption for organizations that have been certified exempt under 501(c)(3) of the Internal Revenue Code A Certificate of Exemption is issued to the organization when granted exemption by the Colorado A copy of the Certificate of Exemption should be retained with this completed Affidavit For organizations located outside of Colorado, a copy of the letter from the IRS certifying exemption as a 501(c)(3) organization may be accepted in lieu of a State issued Certificate of Exemption See FYI Sales 2 for more information Government and Diplomatic Exemption — Please see FYI Sales 63 for information related to government and diplomatic purchase exemptions Wholesale/Resale Transactions - A copy of the State Wholesale or Retail License should be retained with this completed affidavit See FYI Sales 1 for more information Out of State Exempt Entities — This affidavit may be used by an out of state chantable organization or government entity, as long as both of the following are met Payment is made from the organization's funds and no reimbursement will be made to the organization through direct payment, collection or donation from any person(s) for the use or consumption of the goods or services, and The items or services purchased are used in conjunction with the organization's regular religious, charitable, educational or governmental activities See FYI Sales 3 for more information 2 MEMORANDUM TO: Board of Commissioners DATE: August 27, 2018 FROM: Jay McDonald, Director of Public Works SUBJECT: Leased Motor Graders, Bid B1800133 The Public Works Department recommends the low bid from 4 Rivers Equipment be accepted for a 36 -month lease of four 2019 John Deere 772GP motor graders (2019-2021) for the Gravel Road Management Division. The monthly cost per machine is $2,985.00 for 1500 hours per year (Option 12). Options 1 to 9 and 11 to 15 are all available at no additional cost to the monthly lease. The total cost per month for four machines is $11,940.00 and the yearly lease cost for four machines is $143,280.00. Options Included: Option 1 (GPS/Service Hrs. & Location & Download) Option 2 (Removable Front Fenders) Option 3 (Removable Rear Fenders) Option 4 (All Wheel Drive) Option 5 (Auto Shift Transmission) Option 6 (Rear Mounted Rippers) Option 7 (Spare Tire and Wheel) Option 8 (Electronic Cross Slope Meter) Option 9 (Backup Camera) Option 11 (Reversing Engine Fan) Option 12 (Lease Rates) Option 13 (3 year/6000 Hr. Extended Power Train Warranty) Option 14 (Complete set of maintenance, parts and service manuals — Online only, Online subscription costs) Option 15 (One opening window for ventilation) There is $96,000/year budgeted for this lease. If you have any question,. please contact me at extension 3761. M.equipspecs/2018addlequipmentmemosimleasedgraders docx 9/s Q7Isi 2 S Eharts WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersco.weld.co.us E-mail: reverett(cco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: NOVEMBER 13TH, 2017 REQUEST FOR: LEASED MOTORGRADER - QTY (4) (36 MONTH LEASE) DEPARTMENT: PUBLIC WORKS — (Gravel Road Mgmt Div) BID NO: #B1800133 PRESENT DATE: AUGUST 20TH, 2018 APPROVAL DATE: SEPTEMBER 5TH, 2018 VENDOR YEAR/MAKE/MODEL DELIVERY OPTIONS TOTAL WAGNER EQUIPMENT 2018 CATERPILLAR 14OM3 AWD JAN-FEB/2019 1: $0.00 $13,687.20(1500hr) 7260 Crossroads Blvd 2: $0.00 $14,922.32(2000hr) Windsor CO 80550 3: $0.00 (4 units per month) 4: $0.00 5: $0.00 6: $0.00 7: $0.00 8: $0.00 9: $0.00 10: $0.00 11: $0.00 12:$3,421.82/per mo(1500hrs) $3,730.58/per mo(2000hrs) 13: $0.00(incl) 14: $0.00 15: $0.00 4 RIVERS EQUIPMENT 2018 OR 2019 JOHN DEERE 772GP 60-90DAYS ARO 1: $0.00 $11,940(1500hr) 125 John Deere Dr 2: $0.00 $15,504(2000hr) Fort Collins CO 80524 3: $0.00 4: $0.00 5: $0.00 6: $0.00 7: $0.00 8: $0.00 9: $0.00 10: $0.00 11: $0.00 12: $2,985/per mo(1500hrs) $3,876/per mo(2000hrs) 2018-2658 13: $0.00 14: $0.00�� 15: $0.00 Page 2 DATE OF BID: NOVEMBER 13T", 2017 REQUEST FOR: LEASED MOTORGRADER - QTY (4) (36 MONTH LEASE) DEPARTMENT: PUBLIC WORKS — (Gravel Road Mgmt Div) BID NO: #B1800133 PRESENT DATE: AUGUST 20T", 2018 APPROVAL DATE: SEPTEMBER 5TH, 2018 OPTIONS: 1.Machine equipped with a GPS system capable of monitoring machine service hours and machine location and downloading machine operating history and diagnostics. * 2. Removable front fenders. Fenders shall be easily removable by one individual to allow quick access to tires and machine. Front fenders must lean and turn with front wheels. (Fendersand brackets need to have adequate clearance from tires). * 3.Removable rear fenders. Fenders shall be easily removable by one individual to allow quick access to tires and machine. Rear fenders must not interfere with cab or engine compartment doors. (Fenders and brackets need to have adequate clearance from tires.) * 4. All wheel drive 5. Auto -Shift Transmission 6. Rear mounted rippers with 9 scarifier shanks, and 5 ripper shank pockets with 3 ripper shanks provided. 7. Spare tire and wheel same as item #6 (Rear or front to be determined at bid award). 8. Electronic Cross Slope meter, measured at the moldboard and displayed in cab. * 9. Backup Camera. 10. Heated front, front lower left and front lower right window wipers with separate heat on and off switch located on the console*. 11. Reversing engine fan. 12. Lease Rates: 1500 Hrs. per year - 2000 Hrs. per year 13. 3 year/6000, hour extended power train warranty to include Hydraulic system. (Provide detailed description). 14. One (1) complete set of maintenance, parts, and service manuals (on-line only, no paper bound or CD) Online Only Online Subscription Costs 15. Shall have one opening window to provide ventilation beside or behind the operator's seat. ** THE PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME. Hello