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Home My WebLink About20180773.tiffCustomer Purchase Order f John Deere Construction and Forestry Products - USA PURCHASER. NAME AND ADDRESS (First Signer) NAME: (First,_ Middle 1041.01, Last) Weld ounty- S"i REET OR RR E t a 758 CITY Greeley STATE CO ZIP CODE 80632-0758 COUNTY Weld PHONE..NUMBER (970) 356-4000 EMAIL ADDRESS bconholly@weldgov.com ;PURCHASER NAME. AN.D ADDRESS (Se+0nd Signor) NAME (First, Middle, Last) STREET OR RR bit? STATE ZIP CODE COUNTY PHONE.: NUMBER. r EMAIL ADDRESS DEALER NAME AND ADDRESS DEALER NAME 4 Rivers Equipment; LLC STREET or RR 1.25 John Deere Drive HEALER ACCOUNT NO 17-7476 CITY Fort Collins STATE ZIP CODE .CCU 80524 ,Date of :Order: 0212 8/18 DEALER ORDER NO.: TYPE OF SALE a CASH LEASE iI TIME SALE PURCHASER TYPE: 4 County -Government MARKET USE CODE. 49 Highways: Streets Add pur,.chaser-to Mailing list (Check Orie or More) El Construction Forestry : Government PURCHASER:IS BUsiNEsa uNaIy1QUAL PURCHASER ACCT.: SOCIAL SECURITY 10905 IRS TAX ID EIN NO: :EXTENDEDWARRANTY IS Accepted I Rejected initials ;LOCATION .oF FIRST I ORKING USE COUNTY Weld CITY Greeley STATE CO COUNTY CODE Ultimate. Uptime Package Purchased: Yes No QTY NEW DEMO: RENT USED EQUIPMENT Give Modet,.Size:8& Description) ) (Hours of tise) !PIN or Serial Number DELIVERED CASH PRICE 1 .. �, ... ,y O 2018 John Deere 772GP Motor Grader 5 1 DW772GPPHF685527 278;8_$8,9 Ei El El 0 /. H El 0 H o o Ei , l Sales Price used to:determine :_Lease •Payment and Residuals. ❑ Q _ 4yr/6000hr PT&HYD Warranty (1) TOTAL CASH PRICE 27+' ;8• , . t 7Y TRADE-IN (Modell Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT I I ACKNOWLEDGEMENTS: Purchaser offers to sell, transfer, and convey the items(s) listed as "Trade In" or prior to the time of delivery of the above product(s), as._ a: "trade-in" to be applied the cash price. pp against represents that'. each "trade-in" item shall . be free and clear of all security interests, liens, and encumbrances transfer to the Dealer except to the extent shown below. Thee price to be allowedfor each "trade-in" item document The Purchaser promises to pay the balance due (line 9) shown hereonlb cash; or to execute Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus charges shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment ordered delivery of the product(s) to the Purchaser, title shall remain with the. Seller until one of the foregoing is accomplished. Purchaser and the Dealer agree the this Purchase Order is not a security agreement and that delivery of the Purchaser pursuant to this Purchase Order will not constitute possession of the Products by the Purchaser, for the purposes of the purchase money security provisions in:.any statutes relating to personal property security equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth order. to the Dealer at Purchase? of (2) TOTAL TRADE -1N ALL0INANDE $0.00 (3) RENT APPLIED at the time is listed o this (4) BALANCE (1-3). �2 78,888.99 a Time Sale additional SALES TAX :- . (5) ` - S0.00 herein. Despite (6) ADDITIONAL FEES. The the Product(s) to (7) SUB -TOTAL 278,888.99 as a debtor, of its (81TRADE PAYOFF TRADE ° . F in this purchase (9) CASH WITH ORDER (10), BALANCE DUE (7'N8-9) $278,888.99 arAi tt,(6 DISCLOSURE OF REGULATION APPLICABILTY: When operated in California, any off -road diesel vehicle may be subject to the California Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the Purchaser (or "Customer" as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services. If Purchaser does not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services. The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version (Initials) Purchaser (First Signer) Purchaser (Second Signer) Dealer Representative Salesperson Weld County Carlos Koons Signature Signature Signature Signature and understands its terms and conditions - Date Date Date Date r„„), MAR 12 L U S % DELIVERED WITH OPERATOR'S MANUAL ON: DELIVERY ACKNOWLEDGEMENT PurQ�c' h,se To the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. JOHN DEERE FINANCIAL LE /k4 E AGREEMENT Application ID: 125 Version Number: 5 Governmental LESSEE'S NAME AND PHYSICAL ADDRESS WELD COUNTY 1150 O ST GREELEY, CO 80631-9596 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 See Equipment Location and County (County/State) for each Item of Equipment below NAME AND TITLE OF SIGNING OFFICER STEVE MORENO - 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. EQUIPMENT LEASED Year Make Model Equipment Description Hour Limit Per Year Excess Hour Charge Equipment Location County Outside City Limits 2018 JD 772 772GP Motor Grader 1500 $65.00 GREELEY, CO WELD Yes ADDITIONAL DETAILS Product ID Hour Meter Asset Level Payment* Purchase Option Price 1DW772GPPHF685527 5 $1,406.29 $278,069.77 Total Purchase Option Price I $278,069.77 *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: March 12, 2018 LEASE TERM END DATE: March 12, 2021 The first Lease Payment Due Date is March 12, 2018 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 SMM LEASE PAYMENT DUE DATE 36 $1,406.29 $0.00 $28.13 $1,434.42 March 12, 2018 THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOCT000 Settlement Nbr: 12542352 Application ID: 12542352 Equipment Type: Construction & Forestry Commercial Version Number: 5 03/05/2018 01:56 PM Page 1 of 5 Revision Date: 15 January 2017 i 1 i i i i i i 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 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 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 hour in excess of the Hourly Limit. If this Lease Agreement is terminated, canceled or extended for any reason, the 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, (ii) 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 any accessory or device on the Equipment which negatively affects the value, useful life or the originally intended function or use of the Equipment in any way unless it can be removed without damaging the Equipment; (f) 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; (g) keep any metering device installed on the Equipment connected and in good working condition at all times; (h) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you; and (i) 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 written 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 DOC7000 Settlement Nbr: 12542352 Application ID: 12542352 Equipment Type: Construction & Forestry Commercial Version Number: 5 03/05/2018 01:56 PM Page 2 of 5 Revision Date: 15 January 2017 fl III 1 i III Ii A i 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 (ii) 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"): fa) 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. fb) 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, (ii) have less than 50% of the original useful life remaining, or (iii) 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. ff) 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 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 (ii) 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 DOC7000 Settlement Nbr: 12542352 Application ID: 12542352 Equipment Type: Construction & Forestry Commercial Version Number: 5 03/05/2018 01:56 PM Page 3 of 5 Revision Date:15 January 2017 w NNI i 1 m i wi IN III Y 0 A 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 (ii) if the Equipment is returned to us and this Lease Agreement is deemed to be a secured transaction and not a lease in our sole discretion, the difference between (1) the Termination Value as of the date of such default; and (2) the net proceeds we receive from any sale, lease or other disposition of the Equipment (after deducting all of our costs and expenses) or (iii) if the Equipment is not returned to us, 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; (j) 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 EQUIPMENTS 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 DOC7000 Settlement Nbr: 12542352 Application ID: 12542352 Equipment Type: Construction & Forestry Commercial Version Number: 5 03/05/2018 01:56 PM Page 4 of 5 Revision Date: 15 January 2017 vA i III I i i 1111111 iu nu Y i 1 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 writing 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 part 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 law. 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 information to provide all of that information to us upon our request until our security 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 right to sell the Equipment under this Lease Agreement will be, at our sole 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 during 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 last 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 executive officer (or legal counsel) shall certify in writing 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 the 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 funds, 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 Mn By: (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Accepted By: Deere Credit, Inc. (Lessor) 6400 NW 86th Street, Johnston, IA 50131-6600 By: (Date Agreement Signed) (Authorized Signature) THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr: 12542352 Equipment Type: Construction & Forestry Commercial Application ID: 12542352 Version Number: 5 03/05/2018 01:56 PM Page 5 of 5 Revision Date: 15 January 2017 III i i i i u i u 0Po/147756) II JOHN DEERE FINANCIAL Advance Lease ayment nvoice Due Date: 03/12/2018 Total Due: $1,434.42 Purchase Order Number: Billing Address: Updated Billing Information: WELD COUNTY PO BOX 758 GREELEY, CO 80632-0758 Please Note: All future invoices will be sent to the billing address shown unless you update your billing information above. Mfg. Model Product ID Due Date Payment Sales/Use Tax Security Deposit Total Due At Signing JD 772 1 DW772GPPFIF685527 03/12/2018 1,434.42 0.00 0.00 1,434.42 Correspondence Only: Remit Checks Payable To: Deere Credit, Inc. Attn: Lease Administration PO Box 6600 Johnston, IA 50131-6600 Phone: (800) 323-3297 Fax: (800) 254-0020 Deere Credit, Inc. Attn: Acct. Dept.- ALP Processing PO Box 6600 Johnston, IA 50131-6600 TO ENSURE PROPER CREDIT, STAPLE CHECK AND RETURN THIS INVOICE WITH THE LEASE AGREEMENT DOCUMENTS. STAPLE ADVANCE LEASE PAYMENT EC 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: 15 January 2017 Application ID: 12542352 Version Number: 5 FORM 0716 II iu i i i i i II ui i Page 1 of1 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: o Fax — 800-826-9527 o Email - JDFCustomerService@JohnDeere.com o 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. Name of Financial Institution: City & State: Name 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: 12542352 WELD COUNTY 970-356-4000 03/12/2018 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: 12542352 Version Number: 5 FORM0003 i iu i ni i i i i Page 1 of 2 JOHN DEERE FINANCIAL Revision Date:3 March 2017 FORM 0003 i i Sample Personal Check Joan ilancock 75012 Colson M°enn e Louis's Hie. Kentucky 40225 w_ sAt are: ifnaa..c.nxetit aiem.WeSiexr w rt Wain I I Routing & iChetking Transit Number /Acct Number UCheck NU II .041, Sample Business Check DiwCompan NME VOSIOlkilata ice_Wittti . Aanfa SUM Z=IP M 50 001094 za two Routing & Checking. Check Number- Transit u t i Acct Number Application ID: 12542352 ui Y i RIR Version Number: 5 N i i i Page 2of2 By: Steve Moreno OJOHN DEERE Feder FINANCIAL #`o Exe 1/State to tate d Tri 1 Sal S e 1 rchaser Name: WELD COUNTY Address: 1150 O ST, GREELEY, CO 806319596 ID Number (If Applicable): Seller Name: Deere Credit Inc. Address: 6400 NW 86th St. Johnston, IA 50131 Exemption Number (if applicable): Reason for Exemption: Description of Item Bing Purchased Quantity Year Make Model Equipment Description 1 2018 JD 772 772GP Motor Grader By signing below, purchaser certifies that the items being purchased are exempt from state and local sales tax. raars f163" Title: Chair, Board of Weld County Commissioners Date: AR C4 2 2018 Telephone Number: 970-400-4207 Revision Date: 15 January 2017 FORM0720 i Application ID: 12542352 i i VII IV Version Number:5 I III III II i ca9t?- c i-r3 C+> Page 1 oft JOHN DEERE FINANCIAL Delivery and Acknowllecaidgment LESSEE: WELD 1150 COUNTY O ST, GREELEY, CO 80631-9596 LESS® R° DEERE 6400 NW CREDIT, 86th ST, INC. PO BOX 6600, JOHNSTON, IA 5013.1-6600 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 MAR 2 2018 (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 25 February 2018 DOC7009 i i Application ID: 12542 352 II i i IIII Version Number: 5 i I I III II i i 2o/ Page 1 of1 ,D'I36) II CD.JOHN DEERE FINANCIAL Physical Damage/Liability Insuran C e 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 Agency: �Jf/�,Y� ,�ypry�� '1 1 ' //,(�%�'��j j�(/y� (�/y��D/o !��'"� ��iQ�i�J t1 pt[/� /, � /}�" LL�ti/ ..'V .I �,Jr,S �$ `�t1 �=r G' "J `2� �17 li _ Phone �- Number of P .F 4c'- Agency: /.Jyp �"'� Kco&r° 7 G�� Mailing Address 8 of O , Agency: ek-ds:: r----Th "LI gl-c- ell° ° Kr a . 1 e se t Fax so Number , 17, of Agency: 4, ., _ t PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency: Name of Agency: ,`1 Phone Number of Agency: . e --- Mailing Address of Agency: Fax Number of Agency: 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 (Date Signed) By: STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 15 January 2017 Application ID: 12542352 Version Number:5 d /8V7136) FORMo717 ll i i i IN i di i Page 1 of1 DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE Stan ar oi `::. Affidavft of Exemot 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 i Purchase for resale ® or - El Purchase for wholesale (see instructions) State license number (not FEIN number). Issuing state Expiration (Attach a copy of state license) _.......... .A.._ ❑ I affirm items purchased are for resale/wholesale in the ordinary course of bus€ness. Initial L . Purchase State tax-exempt by religious or charitable number (not FEIN organization (exemptions may vary by jurisdiction) number): (Attach Payment a copy information of state exemption (required certificate) to meet one of the following): I Paid by cash and accompanied by a purchase order from the organization I Paid by check drawn on funds of the exempt organization Ii Paid by purchasing card bearing information of the exempt organization The embossed name of the card is: CI Paid by commercial card not a personal credit card - card's last four digits: r Purchase by federal5 state, or local government Credit card number 6 six (first r/s� t and last four- o u ronly: 4 x' . -x^� x' x ■ e II d 'aY t3 a GSA l SmartPay2 1 p a card ps m ail' — fleet n i� information card with picture required �^� /�, - to meet of a road and � �/(� 1' one `4 W' o f the e following): flag GSA SmartPay2 card — purchase card with picture of a keyboard and flag C GSA SmartPay2 card — travel card with picture of an airplane and flag GSA SrnartPay2 card — integrated card with picture of an eagle and flag I Dept of Interior agency issued card — agency name State and local government (payment information - required to meet one of the following): C 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): . ❑ 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 Name of a Company/Organization/Agency -� ( 1Oa, s Name Purchaser Name (Printed) S etle,/ ° ,K e Address City i. State Zip + 4 p tc , ,. 0 Wr&cTr Phone c 71 O 3 PS P - - - V 0 " State/Driver License # Description rUnder of Normal Course of Business tax-exempt applicable penalty will penalty of be perjury, used or for interest I swear official if my or affirm that the business of the purchase is found information above to on -named not qualify this form organization for the is true or exemption and agency. correct I or if the as to accept information every that I material remain directly asserted matter. liable in this form I affirm for the is deemed that the items taxes and any fraudulent. purchased Signature f ger..iri ._:-,--t,F-Lok,-frt,,,,,, Date MAR 12 2013 Seller - Verification I Seller DEERE Name CREDIT INC. Location 177473 # s Date 03/06/18 Transaction 12542352 ID Employee ID# / Initials I Description of Items Purchased or Attach Duplicate Receipt/Invoice Exempted Amount of Purchase �0 /rlr,0 7 `7 3i,1 DR 5002 (06119/15) 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 Verification section. (continued on next page) 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 charitable 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 Jai-3Ne DEERE. Customer Purchase Order for John Deere Construction and Forestry Products - USA PURCHASER NAME AND ADDRESS (First Signer) NAME (First, Middle Initial, Last) Weld County STREET OR RR PO Box 758 CITY Greeley STATE CO ZIP CODE 80632-0758 COUNTY Weld PHONE NUMBER (970) 356-4000 EMAIL ADDRESS hconnolloy@ welclgoy.co n PURCHASER NAME AND ADDRESS (Second Signer) NAME (First, Middle, Last) STREET OR RR CITY STATE ZIP CODE COUNTY PHONE NUMBER EMAIL ADDRESS DEALER NAME AND ADDRESS DEALER NAME 4 Rivers Equipment, LLC DEALER ACCOIIN I NC 17-7476 STREET or RR 125 John Deere Drive CITY Fort Collins STATE CO ZIP CODE 80524 DEALER ORDER NO.: TYPE OF SALE CASH L.] LEASE Date of Order: 02/28/18 TIME SALE PURCHASER TYPE: 4 County Government MARKET USE CODE: 49 Highways•& Streets Add purchaser to Mailing list (Check One or More) El Construction Utility Forestry Government PURCHASER IS, --. BUSINESS Li INDIVIDUAL Er SOCIAL SECURITY NO: PURCHASER ACCT.: 10905 IRS TAX ID EIN EXTENDED WARRANTY IS VI Accepted Rejected (initials) LOCATION OF FIRST WORKING USE COUNTY Weld CITY • Greele STATE CO COUNTY CODE Ultimate Uptime Package Purchased: I 1 Yes [Ti wo QTY NEW DEMO RENT USED i EQUIPMENT (Give Model, Size & Description) (Hours of Use) PIN or Serial Number DELIVERED CASH PRICE 1 P I ❑ F'' 5 1DW772GPJHF685529 $278,888.99 2018 John Deere 772GP Motor Grader i , t I '— ❑ a rIi Sales Price used to determine Lease Payment and Residuals O [1 1 I n fl 4yr/7000hr PT&HYD Warranty (1) TOTAL CASH PRICE $278,888.99 QTY (TRADE-IN (Model, Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT , ACKNOWLEDGEMENTS: Purchaser offers to sell, transfer, and convey the items(s) listed as "Trade or prior to the time of delivery of the above product(s), as a "trade-in" to be applied against the cash represents that each "trade-in" item shall be free and clear of all security interests, liens, and encumbrances transfer to the Dealer except to the extent shown below. The price to be allowed for each "trade-in" document. The Purchaser promises to pay the balance due (line 9) shown hereon in cash, or to execute Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), charges shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment delivery of the product(s) to the Purchaser, title shall remain with the Seller until one of the foregoing Purchaser and the Dealer agree the this Purchase Order is not a security agreement and that delivery the Purchaser pursuant to this Purchase Order will not constitute possession of the Products by the for the purposes of the purchase money security provisions in any statutes relating to personal property equivalent. Purchaser understands that its rights in connection with this purchase are limited as set order. In" to the Dealer at price. Purchaser at the time of item is listed o this a Time Sale plus additional ordered herein. Despite is The (2) TOTAL TRADE-IN ALLOWANCE . $0.00 (3) RENT APPLIED (4) BALANCE (1-3) S278,888.99 (5) SALES TAX r. 59.00 (6) ADDITIONAL FEES accomplished. of the Product(s) to (7) SUB -TOTAL $278,888.99 Purchaser, as a debtor, security of its (8) TRADE PAYOFF forth in this purchase (9) CASH WITH ORDER (10) BALANCE DUE (7+8-9) $278,888.99 ow /1 -- erl 7 5 (2-) DISCLOSURE OF REGULATION APPtICABILTY: When operated in California, any off -road diesel vehicle may be subject to the California Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the Purchaser (or "Customer" as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services. If Purchaser does not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services. The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Deaer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version Purchaser (First Signer) Purchaser (Second Signer) Dealer Representative Salesperson r _ no O 'a Weld County ailINMSESI Carlos Koons Signature Signature Signature Signature (Initials) and understands its terms and conditions Jr Date MR Date Date W• ' .-1•' Date DELIVERY ACKNOWLEDGEMENT 12 2018 DELIVERED WITH OPERATOR'S MANUAL ON: Purc Tr' nature: To the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. 020 o77(mod Customer Purchase Order for John Deere Construction and Forestry Products o USA JOHN DEERE PURCHASER NAME AND ADDRESS (First Signer) NAME (First, Middle Initial, Last) Weld County STREET OR RR PO Box 758 CITY Greeley STATE Co ZIP CODE 80632-0758 COUNTY Weld PHONE NUMBER (970) 356-4000 EMAIL ADDRESS bconnoiloy(�weldgov.com PURCHASER NAME AND ADDRESS (Second Signer) NAME (First, Middle, Last) STREET OR RR CITY STATE ZIP CODE COUNTY PHONE NUMBER EMAIL ADDRESS DEALER NAME AND ADDRESS DEALER NAME 4 Rivers Equipment, LLC STREET or RR 125 John Deere Drive DEALER ACCOUNT NO 17-7476 CITY Fort Collins STATE CO ZIP CODE 80524 Date of Order: 03/02/18 DEALER ORDER NO.: TYPE OF SALE CASH J LEASE TIME SALE PURCHASER TYPE: 4 County Government MARKET USE CODE: 49 Highways & Streets Add purchaser to Mailing list (Check One or More) Construction Utility Forestry L✓d Government PURCHASER IS BUSINESS , INDIVIDUAL PURCHASER ACCT.: 10905 H SOCIAL SECURITY NO: IRS TAX ID EIN EXTENDED WARRANTY IS Accepted Rejected (initials) LOCATION OF FIRST WORKING USE COUNTY Weld CITY Greeley STATE COUNTY CODE CO Ultimate Uptime Package Purchased: [l Yes I No QTY NEW DEMO RENT USED EQUIPMENT (Give Model, Size & Description) (Hours of Use) PIN or Serial Number DELIVERED CASH PRICE 1 2018 John Deere 772GP Motor Grader 5 1 DW772GPVHF685453 $278,888.99 r -----• Ei i 1 ri Sales Price used to determine Lease Payment and Residuals --ti 4yr/7000hr PT&HYD Warranty (1) TOTAL CASH PRICE $278,888.99 QTY TRADE-IN (Model, Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT ACKNOWLEDGEMENTS: or prior represents transfer document. Agreement charges delivery Purchaser the Purchaser for the purposes equivalent. order. Purchaser offers to sell, transfer, and convey the items(s) listed as "Trade to the time of delivery of the above product(s), as a "trade-in" to be applied against the cash that each "trade-in" item shall be free and clear of all security interests, liens, and encumbrances to the Dealer except to the extent shown below. The price to be allowed for each "trade-in" The Purchaser promises to pay the balance due (line 9) shown hereon in cash, or to (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment of the product(s) to the Purchaser, title shall remain with the Seller until one of the foregoing and the Dealer agree the this Purchase Order is not a security agreement and that delivery pursuant to this Purchase Order will not constitute possession of the Products by the of the purchase money security provisions in any statutes relating to personal property Purchaser understands that its rights in connection with this purchase are limited as set In" to the Dealer at price. Purchaser at the time of item is listed o this execute a Time Sale plus additional ordered herein. Despite is accomplished. The of the Product(s) to Purchaser, as a debtor, security of its forth in this purchase (2) TOTAL TRADE-IN ALLOWANCE $0.00 (3) RENT APPLIED (4) BALANCE (1-3) $278,888.99 (5) SALES TAX $� �� (6) ADDITIONAL FEES (7) SUB -TOTAL $278,888.99 (8) TRADE PAYOFF (9) CASH WITH ORDER (10) BALANCE DUE (7+8-9) $278,888.99 DISCLOSURE OF REGULATION APPLICABILTY: When operated in California, any off -road diesel vehicle may be subject to the California Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the Purchaser (or "Customer" as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services. If Purchaser does not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services. The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version (Initials) and understands its terms and conditions Purchaser (First Signer) Purchaser (Second Signer) Dealer Representative Salesperson Weld County Carlos Koons Signature Signature Signature Signature Date Date --Date sib a To the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. r � JOHN DEERE FINANCIAL LEASE AGREEMENT Application ID: 12 542369 Version Number: 3 Governmental LESSEE'S NAME AND PHYSICAL ADDRESS WELD COUNTY 1150 O ST GREELEY, CO 80631-9596 LESSEE'S 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 STEVE MORENO - 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. EQUIPMENT LEASED Year Make Model Equipment Description Hour Limit Per Year Excess Hour Charge Equipment Location County Outside City Limits 2018 JD 772 772GP Motor Grader 2000 $65.00 GREELEY, CO WELD Yes ADDITIONAL DETAILS Product ID Hour Meter Asset Level Payment* Purchase Option Price 1DW772GPJHF685529 5 $1,700.30 $266,267.68 1DW772GPVHF685453 5 $1,700.30 $266,267.68 Total Purchase Option Price $532,535.36 *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: March 6, 2018 LEASE TERM END DATE: March 6, 2021 The first Lease Payment Due Date is March 6, 2018 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 SMM LEASE PAYMENT DUE DATE 36 $3,400.60 $0.00 $68.01 $3,468.61 March 06, 2018 fila to THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE /2,20ff DOC7000 Settlement Nbr: 12542369 Equipment Type: Construction & Forestry Commercial Application ID: 12542369 Version Number: 3 03/06/2018 12:05 PM Page 1 of 5 Revision Date: 15 January 2017 III i i IVI i i i VI I I i i i III I i III Y u V V ��- o773 3 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 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 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 hour in excess of the Hourly Limit. If this Lease Agreement is terminated, canceled or extended for any reason, the 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, (ii) 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 any accessory or device on the Equipment which negatively affects the value, useful life or the originally intended function or use of the Equipment in any way unless it can be removed without damaging the Equipment; (f) 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; (g) keep any metering device installed on the Equipment connected and in good working condition at all times; (h) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you; and (i) 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 written 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 DOC7000 Settlement Nbr: 12542369 Application ID: 12542369 Equipment Type: Construction & Forestry Commercial Version Number: 3 03/06/2018 12:05 PM Page 2 of 5 Revision Date:15 January 2017 1 1 u m 'ID' i im A 0 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 (ii) 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. (bl 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, (ii) have less than 50% of the original useful life remaining, or (iii) are not of the same size, type grade or equivalent quality manufacturer as were originally included on the Equipment. lc) 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. (dl 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. fel 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. (fl 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 hour meter included with the Equipment is conclusive of the number of hours of Equipment use. (g) 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 (ii) 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: 12542369 Equipment Type: Construction & Forestry Commercial DOC7000 Application ID: 12542369 Version Number: 3 03/06/2018 12:05 PM Page 3 of 5 Revision Date: 15 January 2017 ri nN II I i Y II UI e N 1 i I II i 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 ofthe 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 (ii) if the Equipment is returned to us and this Lease Agreement is deemed to be a secured transaction and not a lease in our sole discretion, the difference between (1) the Termination Value as of the date of such default; and (2) the net proceeds we receive from any sale, lease or other disposition of the Equipment (after deducting all of our costs and expenses) or (iii) if the Equipment is not returned to us, 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; (j) 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: 12542369 Equipment Type: Construction & Forestry Commercial DOC7000 Application ID: 12542369 Version Number: 3. 03/06/2018 12:05 PM Page 4 of 5 Revision Date: 15 January 2017 I i A 1 II NI 1 N IIII D iw IN D r 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 writing 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 part 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 law. All of our rights under this Lease Agreement shall remain in effect after the expiration of the _ease 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 information to provide all of that information to us upon our request until our security 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 right to sell the Equipment under this Lease Agreement will be, at our sole 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 during 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 last 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 executive officer (or legal counsel) shall certify in writing 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 the 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 funds, 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 MAR f Cy. 4 (Date Signed) By: STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Accepted By: Deere Credit, Inc. (Lessor) 6400 NW 86th Street, Johnston, IA 50131-6600 By: (Date Agreement Signed) (Authorized Signature) THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr: 12542369 Application ID: 12542369 Equipment Type: Construction & Forestry Commercial Version Number: 3 03/06/2018 12:05 PM Page 5 of 5 Revision Date: 15 January 2017 i i i i i i i iu i i i u i i i apir,0 7 CZ) JOHN DE Advance Lease Payment Invoice Due Date: 03/06/2018 03 /2- 6�6, FINANCIAL Total Due: $ 3,468.61 )( "pi . _ __ Purchase Order Number: 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. Mfg. Model Product ID Due Date Payment Sales/Use Tax Security Deposit Total Signing Due At JD 772 1 DW772GPJHF685529 03/06/2018 $3,468.61 $0.00 $0.00 $3,468.61 Correspondence Only: Remit Checks Payable To: Deere Attn: PO Johnston, Phone: Fax: Box Credit, Lease Administration 6600 IA (800) (800) Inc. 50131-6600 828-8297 254-0020 • Deere Attn: PO Johnston, Credit, Acct. Box 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: 15 January 2017 Application ID: 12542369 Version Number:3 c,eitit 07?3 FORM 0716 i i i i i i i i i i i u i i ri i IN i i i i i i Page 1 of1 0 JOHN DEERE FINANCIAL e ten 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: o Fax — 800-826-9527 o Email - JDFCustomerService©JohnDeere.com o 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. Name of Financial Institution: City & State: Name 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 payment payments of: 12542369 WELD COUNTY 970-356-4000 03/06/2018 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: 12542369 Version Number:3 FORM0003 u i i u i i i i i i i Page 1 of 2 JOHN DEERE FINANCIAL Revision Date: 3 March 2017 Sample Personal Check inan Ep,, Hancock. 75012 Cason Atcnnuc Loa - Ile. Kentucky 40215 Y .. r '''- .. . rte. i Caw Routing & Checking Transit Number Acct Number Check Number Sample Business Check It S - e p• s. heck Numb Application ID: 12542369 A. SS ,St- k ..Routing & Checking r Transit Nutiter Acct Number - Version Number: 3 FORM0003 i II i i i i i u i II Page 2of2 JOHN DEERE FINANCIAL Delivery and Acknirwi meat 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 h� MAR I :2018 (Date Signed) By: STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 25 February 2018 Application ID: 12542369 Version Number:3 2o/f-o7l3 DOC7009 i III II iii ird i 111111 i II II u i i Page 1 of1 JOHN DEERE FINANCIAL Physical Damage/Liability Insurance LESSEE: WELD 1150 COUNTY O ST, GREELEY, CO 80631-9596 LESSOR: DEERE 6400 NW CREDIT, S6th ST, INC. PO BOX 6600, JOHNSTON, IA 50131-6600 LIABILITY INSURANCE on the Lease Agreement will be provided.by the following insurance agency: Name of Agency: .ph.7 Phone Number of Agency: at,'��y'�' iti licit 't 6 {' f ! ) e `� ca--- f ` t c '� .- f ' r/.. ...- 0�, �'�y .-' n I�J=-S, k ; 6 �- T om% y ;;.0' Mailing Address of Agency:/, - Fax Number of Agency: 51 71.-r- , , E, g.- k 30 X a ,r4 PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency: Name of Agency: Phone Number of Agency: Mailing Address of Agency: Fax Number of Agency: 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 S1,000,000 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 M I 2018 By: tete,,,,es (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 15 January 2017 FORM 0717 i i i Application ID: 12542369 iu i i i i Version Number: 3 i i i i i i i Page , o o/f,-D �773) DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE standard CoIor.do Affidavft 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): Payment (Attach a information copy of state exemption (required certificate) to meet one of the following): El Paid by cash and accompanied by a purchase order from the organization n 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: C Paid by commercial card not a personal credit card - card's last four digits: Purchase by federal, state, or local government Credit card number (first six and last four only: - X.X-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 n GSA SmartPay2 card — integrated card with picture of an eagle and flag C 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 n Paid by government purchase card as designated on the card State tax-exempt number printed on the card (Colorado only): I. Check if the card states "for official state use only" or "tax exempt" L_ Purchase by foreign and diplomatic exemptions (required to meet the following): I 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 Na e of j( JS ,n ltl Company/Organization/Agency (Is'•. din Name Purchas r Name �•e, (Printe a "-- 1) e g, 0o. /la 9 r 0 deem o ti� _ - (I Address City e.rye State Zip- 4 � NO J Phone 411} ,c _S - e / ) ,/ `�+ State/Driver License # Descri do 0f Business of Normal C ,,0 d' '� gfg el Under tax-exempt applicable penalty penalty will of be perjury, used or interest for l swear official if or my affirm business purchase that of is the the found information above -named to not qualify on this organization form for the is true or exemption and agency. correct I or if the as accept information to every material matter. that I remain directly liable asserted in this I form affirm for the is deemed that the taxes items and any fraudulent. purchased Signat I einna,,,,,r, Date WAR 1 020Th Seller Verification Seller DEERE Name CREDIT INC. Location 177473 # Date 03/06/18 Transaction 12542369 ID Employee ID# I Initials Description of Items Purchased or Attach Duplicate Receipt/Invoice Exempted Amount of Purchase o/e7,- 077 DR 5002 (06/19/15) COLORADO DEPARTMENT of REVENUE str f $ s, r tat of d i vit f xe t Sae 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. `mineral Instrucfl ns 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 infou nation 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. urcha er histructkrns 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 sweating, 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 Verification 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 charitable 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 Customer Purchase Order for John Deere Construction and Forestry Products - USA JOHN DEERE PURCHASER NAME AND ADDRESS (First Signer) NAME (First, Middle Initial, Last) Weld County STREET OR RR PO Box 758 CITY Greeley PHONE NUMBER (970) 356-4000 STATE CO EMAIL ADDRESS ZIP CODE 80632-0758 bconnolloyweldgov.com COUNTY Weld PURCHASER NAME AND ADDRESS (Second Signer NAME (First, Middle, Last) STREET OR RR PHONE NUMBER COUNTY EMAIL ADDRESS EXTENDED WARRANTY IS Accepted smaymor Rejected (initials) DEALER NAME AND ADDRESS DEALER NAME 4 Rivers Equipment, LLC DEALER ACCOUNT NO 17-7476 STREET or RR 125 John Deere Drive CITY Fort Collins DEALER ORDER NO.: STATE CO ZIP CODE 80524 Date of Order: 03/02/18 TYPE OF SALE CASH LEASE TIME SALE PURCHASER TYPE: 4 County Government MARKET USE CODE: 49 Highways & Streets Add purchaser to Mailing list (Check One or More) Construction Utility Forestry � Government PURCHASER IS BUSINESS ; INDIVIDUAL PURCHASER ACCT.: 10905 SOCIAL SECURITY NO: IRS TAX ID EIN LOCATION OF FIRST WORKING USE Dfr COUNTY Weld CITY Greeley STATE COUNTY CODE CO Ultimate Uptime Package Purchased: r Yes No QTY NEW DEMO RENT USED EQUIPMENT (Give Model, Size & Description) (Hours of Use) PIN or Serial Number DELIVERED CASH PRICE 1 0 U ------ 2018 John Deere 772GP Motor Grader 5 1DW772GPCHF685525 $278,888.99 0 0 Li ____ U U ____ i l E1 Pi U [1 Sales Price used to determine Lease Payment and Residuals • 4yr/7000hr PT&HYD Warranty (1) TOTAL CASH PRICE $278,888.99 QTY TRADE-IN (Model, Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT ACKNOWLEDGEMENTS: Purchaser offers to sell, transfer, and convey the items(s) listed as "Trade or prior to the time of delivery of the above product(s), as a "trade-in" to be applied against the cash represents that each "trade-in" item shall be free and clear of all security interests, liens, and encumbrances transfer to the Dealer except to the extent shown below. The price to be allowed for each "trade-in" document. The Purchaser promises to pay the balance due (line 9) shown hereon in cash, or to Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), charges shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment delivery of the product(s) to the Purchaser, title shall remain with the Seller until one of the foregoing Purchaser and the Dealer agree the this Purchase Order is not a security agreement and that delivery the Purchaser pursuant to this Purchase Order will not constitute possession of the Products by the for the purposes of the purchase money security provisions in any statutes relating to personal property equivalent. Purchaser understands that its rights in connection with this purchase are limited as set order. In" to the Dealer at price. Purchaser at the time of item is listed o this execute a Time Sale plus additional ordered herein. Despite is accomplished. The of the Product(s) to (2) TOTAL TRADE-IN ALLOWANCE �� (3) RENT APPLIED (4) BALANCE (1-3) 5278,888.99 (5) SALES TAX $0.00 (6) ADDITIONAL FEES (7) SUB -TOTAL $278,888.99 Purchaser, as a debtor, security of its (8) TRADE PAYOFF forth in this purchase (9) CASH WITH ORDER (10) BALANCE DUE (7+8-9) $278,888.99 020 -077 2(3) DISCLOSURE OF REGULATION APPLICABILTY: When operated in California, any off -road diesel vehicle may be subject to the California Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the Purchaser (or "Customer" as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services. If Purchaser does not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services. The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version Purchaser (First Signer) Purchaser (Second Signer) Dealer Representative Salesperson Weld County Carlos Koons DELIVERY ACKNOWLEDGEMENT Signature Signature Signature Signature (Initials) 1.0 and understands its terms and conditions Date Date Date A3 12 DELIVERED WITH OPERATOR'S MANUAL ON: Purchaser.,, 'ignature: 3 To the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. to219 It 07 (8) JOHN DEERE FINANCIAL LEASE AGREEMENT Application ID: 12542374 Version Number: 3 Governmental LESSEE'S NAME AND PHYSICAL ADDRESS WELD COUNTY 1150 O ST GREELEY, CO 80631-9596 LESSEES TAX ID NUMBER **-***0813 LESSEES 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 STEVE MORENO - 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. EQUIPMENT LEASED Year Make Model Equipment Description Hour Limit Per Year Excess Hour Charge Equipment Location County Outside City Limits 2018 JD 772 772GP Motor Grader 2000 $65.00 GREELEY, CO WELD Yes ADDITIONAL DETAILS Product ID Hour Meter Asset Level Payment* Purchase Option Price 1 DW772GPCHF685525 5 $1,700.07 $266,465.67 Total Purchase Option Price $266,465.67 *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: March 12, 2018 LEASE TERM END DATE: March 12, 2021 The first Lease Payment Due Date is March 12, 2018 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 SMM LEASE PAYMENT DUE DATE 36 $1,700.07 $0.00 $34.00 $1,734.07 March 12, 2018 THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr: 12542374 Equipment Type: Construction & Forestry Commercial Application ID: 12542374 Version Number: 3 03/06/2018 11:58 AM Page 1 of 5 Revision Date: 15 January 2017 Y i i i ui i i i i i i i i i 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 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 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 hour in excess of the Hourly Limit. If this Lease Agreement is terminated, canceled or extended for any reason, the 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. Eauipment 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, (ii) 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 any accessory or device on the Equipment which negatively affects the value, useful life or the originally intended function or use of the Equipment in any way unless it can be removed without damaging the Equipment; (f) 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; (g) keep any metering device installed on the Equipment connected and in good working condition at all times; (h) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you; and (i) 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 written 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: 12542374 Equipment Type: Construction & Forestry Commercial DOC7000 Application ID: 12542374 Version Number: 3 03/06/2018 11:58 AM Page 2 of 5 Revision Date: 15 January 2017 11111 n i 1 1110 liiii nu III i 1111 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 (ii) 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, (ii) have less than 50% of the original useful life remaining, or (iii) are not of the same size, type grade or equivalent quality manufacturer as were originally included on the Equipment. fc) 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. Id) 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. 1e) 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 hour meter included with the Equipment is conclusive of the number of hours of Equipment use. (g) 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 (ii) 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 DOC7000 Settlement Nbr: 12542374 Application ID: 12542374 Equipment Type: Construction & Forestry Commercial Version Number: 3 03/06/2018 11:58 AM Page 3 of 5 Revision Date: 15 January 2017 b fll 1 N flit iw V wi 11011 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 (ii) if the Equipment is returned to us and this Lease Agreement is deemed to be a secured transaction and not a lease in our sole discretion, the difference between (1) the Termination Value as of the date of such default; and (2) the net proceeds we receive from any sale, lease or other disposition of the Equipment (after deducting all of our costs and expenses) or (iii) if the Equipment is not returned to us, 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; (j) 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 SettlementNbr: 12542374 Equipment Type: Construction & Forestry Commercial DOC7000 Application ID: 12542374 Version Number: 3 03/06/2018 11:58 AM Page 4 of 5 Revision Date:15 January 2017 II 1 11111 11111 1 11111 t 11111111111 IIII i N 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 writing 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 part 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 law. 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 information to provide all of that information to us upon our request until our security 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 right to sell the Equipment under this Lease Agreement will be, at our sole 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 during 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 last 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 executive officer (or legal counsel) shall certify in writing 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 the 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 funds, 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 TA A I %Z t ,lja o By: (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Accepted By: Deere Credit, Inc. (Lessor) 6400 NW 86th Street, Johnston, IA 50131-6600 By: (Date Agreement Signed) (Authorized Signature) THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr: 12542374 Application ID: 12542374 Equipment Type: Construction & Forestry Commercial Version Number: 3 03/06/2018 11:58 AM Page 5 of 5 Revision Date: 15 January 2017 i i i i i i i i i N i i I III N i 02D/r 40 (S) JOHN FINANCIAL D R Advance Lease Payment Invoice Due Date: 03/12/2018 Total Due: $1,734.07 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. Mfg. Model Product ID Due Date Payment Sales/Use Tax Security Deposit Total Signing Due At JD 772 1 DW772GPCHF685525 03/12/2018 $1,734.07 $0.00 $0.00 $1,734.07 Correspondence Only: Remit Checks Payable To: Deere Attn: PO Johnston, Phone: Fax: Box Credit, Lease 6600 IA (800) (800) Administration Inc. 50131-6600 828-8297 254-0020 Deere Attn: PO Johnston, Credit, Acct. Box 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: 15 January 2017 Application ID: 12542374 Version Number:3 FORM0716 i i IN ui Page 1 oft JOHN DEERE FINANCIAL 6', 71;O40t-ej 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: o Fax — 800-826-9527 o Email - JDFCustomerService a©JohnDeere.com o 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. Name of Financial Institution: City & State: Name 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 automatic begin with in the my month payments payment of: 12542374 WELD COUNTY 970-356-4000 03/12/2018 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: 12542374 Version Number:3 FORM 0003 i YII i II II YII i i i Page 1 of 2 ni JOHN DEERE FINANCIAL Sample Personal Check Revision Date:3 March 2017 Banco 75012 (_ `fikOttt A%cultic I H1 % ilk.Kentucky 40225 '. rt i.1/2 r ;'ttrit A Y 4.40Q8 41: O . a4 too 40OO: Routing & Checking Transit Numb J Met Number Check Number Sample Business Check a me 44701 -10 -Comp NAME Check Number . Tr - sit Number. Application ID: 12542374 Version Number:3 LNi4'SlN: Route g & Cher king Met Number FORM0003 i ui i in i i 1111 i II Page 2 of 2 OJOHN DEERE FINANCIAL Delivery and A,cknowl&t:d ment LESSEE: WELD 1150 COUNTY O ST, GREELEY, CO 80631-9596 LESS® R' 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 MAR 1 By: (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 25 February 2018 DOC7009 i i i Application ID: 12542374 III Il i i Version Number: 3 i A I I i i °Wet' 77 Page 1 of 1 63) q OJOHN 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 Agency: ter; , (/ Phone Number of Agency: e~ _5/ V / d" Ei 7It/ecLe eY a tc._i' 18,v V C y f of .&__—c., 3 �yy,,+�--�� tao sz 7 Mailing Address of 0O Agency:r �,, , -� .1 _ "AA b' �r� i - 2 Fax Number O 6 of ��eg Agency: �' �' c- eel d I PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency: Name of Agency: in. Phone Number of Agency: Mailing Address of Agency: Fax Number of Agency: 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 S / 1 t\ 2 (Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date: 15 January 2017 i i i i Application ID: 12542374 IN Version Number:3 i i OO/1‘-to 713 (l3) FORM 0717 i i i i i i N Page 1 of 1 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 Pi Purchase for resale - or - Purchase for wholesale (see instructions) ctions) State license number (not FEIN number): Issuing state Expiration (Attach 11 I affirm a copy items of state purchased license) 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 of state information 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: Purchase by federal, state, or local government Credit card number (first six and last four only: x.x-xxxx- n 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): . ... Check if the card states "for official state use only" or "tax exempt" L...... 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 ' ele ame of Company/Organization/Agency e ale ‘19 Name Purchaser Name (Printed) o eve Mei 9 6-0, e 4 e -4 CA a( kv---P Address / - i City cede State eo Zip go + 4 6,3 I i- 95,6 Phone In 3 e Viet State/Driver License # Description f of Normal C i rse o Business ens ea. en Under tax-exempt applicable penalty penalty will of be perjury, used or interest I for swear or official if my affirm that the information on business of the above -named purchase is found to not qualify this organization for form the is true or exemption and correct agency. I or if the as accept information to every material that I remain asserted matter. directly in this I affirm that liable for the form is deemed the taxes items purchased and any fraudulent. Signature g O Date s 1,2 lair'l Seller Verification Seller DEERE Name CREDIT INC. Location 177473 it Date 03/06/18 Transaction 12542374 ID Employee ID# / Initials Description of Items Purchased or Attach Duplicate Receipt/Invoice Exempted Amount of Purchase £O/f- 0773(3) 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 Verification 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/VVholesale 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 charitable 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 Hello