HomeMy WebLinkAbout20180481.tiffCustomer 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
ZIP CODE
80632-0758
COUNTY
Weld
EMAIL ADDRESS
bconnollyc2weldgov. com
PURCHASER NAME AND ADDRESS (Second Signer)
NAME (First, Middle, Last)
STREET OR RR
CITY
PHONE NUMBER
EXTENDED WARRANTY IS
STATE
ZIP CODE
COUNTY
EMAIL ADDRESS
Accepted ❑ Rejected (initials)
Ultimate Uptime Package Purchased:
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:
02/05/18
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 I INDIVIDUAL
PURCHASER ACCT.:
10905
SOCIAL SECURITY ❑ IRS TAX ID
NO:
EIN
LOCATION OF FIRST
WORKING USE
COUNTY
Weld
CITY
Greeley
STATE COUNTY CODE
Co
Yes
n No
QTY
NEW DEMO RENT USED
EQUIPMENT (Give Model, Size & Description)
(Hours of Use)
PIN or Serial Number
DELIVERED CASH PRICE
1
4
2018
John
Deere 772GP
Motor
Grader
5
1DW772GPHHF685523
$263,024.00
--
0
7
_
❑
C
❑
r
Sales Price used to determine Lease Payment and Residuals
❑
❑
D
LJ
❑
4yr/7000hr PT&HYD Warranty
(1) TOTAL CASH PRICE
$263,024.00
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 Seiler until one of the foregoing
Purchaser and the Deafer 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
(2) TOTAL TRADE-IN ALLOWANCE
$0.00
(3) RENT APPLIED
(4) BALANCE (1-3)
$263,024.00
execute a Time Sale
plus additional
(5) SALES 'TAX
$0.00
ordered herein. Despite
(6) ADDITIONAL FEES
is accomplished. The
of the Product(s) to
(7) SUB -TOTAL
$263,024.00
Purchaser, as a debtor,
security of its
(8) TRADF PAYOFF
forth in this purchase
(9) CASH WITH ORDER
(10) BALANCE DUE (7+8-9)
$263,024.00
sr a's
d�if-c�l0'
A&bo-
ISCLOSURE 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
egulation. 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
: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
APORTANT 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
tarranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE
MITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE.
ERMS & CONDITIONS VERIFICATION STATEMENT
se 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
)nditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services
jreements 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
)es not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services.
le 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
-oduct 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
)ntrol. 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
so subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order.
archaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version
archaser (First Signer)
Jrchaser (Second Signer)
?aler Representative
flesperson
Weld County
Carlos Koons
Signature
Signature
Signature
Signature
(Initials) and understands its terms and conditions
I
ate
Date
datruiDate
Date
FEB 1 4 2048
SLIVERY ACKNOWLEDGEMENT
DELIVERED WITH OPERATOR'S MANUAL ON:
Pur4p. s Signatur
3 the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights
4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein.
0,70/1e O
(Page 1 of 5)
JOHN DEERE
FINANCIAL
LEASE AGREEMENT
Application ID: 1 2542296
Version Number: 3
Governmental
LESSEES NAM-EAND PHYSICAL ADDRESS
_
WELD COUNTY
1150 0 ST
GREELEY, CO 80631.9596
_
LESSEE'S
TAX ID NUMBER
"-'0813
LESSEE'S
PHONE NO
970-356-4000
1YPI or
BUSINESS
Municipality
LESSEE RESIDES IN (County/State)
WELD, CO
LESSEE
See Equipment
AGREES 1O KEEP GOODS IN 'County/State;
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
r
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
1OW772GPHHF685523
5
$1,700.96
$247,473.28
Total Purchase Option Price I
$247,473.28
'Asset Level Payments may not include applicable sales taxes. For purposes of this Lease Agreement, "Lease
as identified below.
Payments" means the Lease Payment
LEASE PAYMENTS
LEASE TERM START DATE: February 16. 2018
LEASE TERM END DATE: February 16, 2021
The first Lease Payment Due Date is February 16, 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
SALESIUSE
TAX
5MM
LEASE PAYMENT
DUE DATE
AGGREGATE OF ASSET
LEVEL PAYMENTS
36
S1,700.96
$0.00
$34.02
$1,734.98
February 16, 2018
RECEt\JEO
nFERE COEDIT, INC,
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Settlement No' 12542296 Equipment Type Construction 8 Forestry Commercsal
Application ID 12542296
Vers4on Number 3 02/07/2018 03:04 PM
Page 1of5
Revision Date: 15 January 2017
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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 properly 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 horn 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 S25 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 lake 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 Secunty Deposit is indicatedin 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 applythe 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 Secunty Deposit to the onginal
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 sates, use,
rental, gross receipts and elf 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,retum 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 EquIbment 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 slate without notifying us Within 30 days, (c) operate and maintain the Equipment in
accordance with all (I) laws ordinances and regulations, (n) manuals and other instructions issued by the manufaclurer(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 wayruniess 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 u5 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 yourinterests, 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
Revision Dale 15 January 2017
Settlement Nor 12542296 EauomentType Construction & Forestry Commercial
Version Number 3 02107/2018 03,04 PM Page 2 of 5
Appi'caaonID 12542296
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(Page 3 of 5)
7 Loss or 'Damage Until the Equipment is returned to us in satisfactory condition, you are responsible for all risk of toss, damage,
theft, destruction or'tieizure 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 nghts, 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 Pnce (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 withthe equipment cost,
Lease Payments Lease Term and Purchase Option Price (or residual value assumption) as the variables- "Discount Rafe" shall mean
the internal Rate of Return minus two percentage points (2%)
6 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 nght, title and Interest in such Item(s) of Equipment AS -IS, WHERE -IS, WITHOUT ANY
WARRANTY AS TO CONDITION OR'VALUE
9 Early Payoft 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, tale 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 desenbed'below ( Excessive Wear and Tear')
fat Mechanical (A) Computer systems or safely 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 manufacturers
specifications, (E) any gauges or fluid indicators that are damaged or do not function, (F) the electncal 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 teaks
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 chipithe 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 5200, (F) rust holes in the body metal or a rust spot that covers more tharl
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 (t) have
broken side walls or excessive cuts or damages, (ii) have less than 50% of the original useful life remaining, or (tit) are not of the
same size, type grade or equivalent quality manufacturer as were onginally included on the Equipment
ic1 Cab/Operator Platform (A) Heavy intenor 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,
(di General (A) Equipment not operated or maintained In accordance with manufacturers specifications or if components, fuels or
fluids, on or in connection with the Equipment that do not meet manufacturers standards were used, and/or (B) any other damage
that in the aggregate costs S250 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
If) Hour Metes 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 S1 000 You agree that the hour meter included with the Equipment is conclusive of the number of
hours of Equipment use
Jct1 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 repainng or replacing, the affected component(s) which
we determine necessary to return the Equipment to its required conddiob, and/or (B) accept an invoice from us and remit to us an
amount equal to our estimate of (t) 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 fires
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 thls Lease Agreement
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Revision Date 15 January 2017
Settlement Nbr 12542296
AeplicauonID 12542296
Lqupmen%Type Construction & Forestry Commercial
Verson Number 3 02/07I2018 03 04 PM
Page 3 of 5
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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
Stales, (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 e'dslence, 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 administenng this Lease
Agreemenf(d) 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, (I) 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,othet right orfuture 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 pnor writtenyconsent 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 for 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 authonzed 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 fake alt necessary action to include
in your annual budget any funds required to fulfill your obligations each fiscal period during the Lease Term, (I) you have complied
fully with all applicable law governing open meetings, public bidding and appropnations, 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 stale 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 acknowlodge 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 nghts 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 taws 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 authonzed 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 wntten) concerning the
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
i tr
5eidernontNnr 12542296 EqupmontType Construction Forestry Commercial
DOC7000 Appilcagon ID, 12542296 Version Number 3 02/07/2018 03 01 PM Page 4 of 5
Revision Date 15 January 2017
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subject matter thereof Except as otherwise provided in Section 12(d) no part of this Lease Agreement can be amended, waived or
terminated except by a wnting signed by both you and us Any part of this Lease Agreement may be signed in separate counterparts
that, together, Will constitute one document If a court finds any pail 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' understate or federal law All of our rights under this
Lease Agreement shall remain In effect atter the expiration of the Lease Term or termination of this Lease Agreement
Notwithstanding any other election you make, you agree that (a) we can accesst 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 secunty interest in the Equipment is
terminated, (c) you will not disable or'otherwise interfere with any information gathering or transmission device Within or attached to the
Equipment, and (d) we may reactivate any such device
You acknowledge and agree that our right to sell the Equipment under this Lease Agreement will be alour 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
16 ,Von-Aaorooriation 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 orwith which payment can be made to us and this 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 penally 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 failureito actiby 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 mar 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
FEB 14 2018 By
ate S�Igned)^'�
% TBVEnlOREi1Asi-IAIf;WELD COUNTY BOARD OF COMMISSIONERS
Accepted By Deere Credit, Inc (Lessor)
6400 NW 86th Street, Johnston, lA 50131-6600
(Date Agreement Signed)
DOC7000
Revision Dale 15 January 2017
By
(AWtonz lgnature)
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nor 12542296
Application ID 12542296 _
Eatilpmeni Type Consltucnon & Forestry Commercial
Version Numeei 3 02/0712018 03 04 PM
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aJOHN DEERE
FINANCIAL
LEASE AGREEMENT
Application ID: 12 5 42291
Version Number. 2
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 (Ccunty/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")
4 ement") 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 he 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
565.00
GREELEY, CO
WELD
Yes
ADDITIONAL
DETAILS
Product ID
Hour Meter
Asset Level Payment'
Purchase Option Price
1DW772GPLHF685486
5
$1,406.77
5259.094.51
Total Purchase Option Price
$259,094.51
'Asset Level Payments may not include applicable sales taxes. For purposes of tnis Lease Agreement. `Lease Payments' means the Lease Payment
as identified below
LEASE PAYMENT$
LEASE TERM START
LEASE TERM END
DATE: February 12, 2018
DATE; February 12, 2021
The first Lease Payment Due Date is February 12, 2018 and each successive Lease Payment is due on the same day of
(the "Billing Period"), unless otherwise provided below
the Month thereafter,
NUMBER OF PAYMENTS
SALESr'USE
TAX
SMM
I LEASE PAYMENT
DUE DATE
AGGREGATE OF ASSET
LEVEL PAYMENTS
36
$1,406.77
$0.00
$28.14
$1,434.91
February 12, 2018
RECEIVED
FEB 2 6 ,),
DEERE CF?EoJTlNC.
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Settlement Nbr. 12542291 Equomdnt Type: Construction & Forestry Commercial
Appkcaban ID. 12542291
Version Number 2 02/07/2018 02:11 PM
Page 1 of 5
Revision Date: 15 January 2017
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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 525 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 lass than 525,00 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 amounl'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 EgUipment 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 It 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 Ownershlo. 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 pieced 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, senal 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 (ill) 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 Warr 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 S1,000,000 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
OOC7000
Revision Date 15 January 2017
Settlement Nbr 12542291 Equipment Type Construction & Forestry Commercial
Appewbon 10 12542291 Verson Number, 2 02/0712018 02 11 PM
Page 2 of 5
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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 Ilem(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 Agreerherit, 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 vanables "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 (phis 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 Eauipment, 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 rf 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 lied 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 fool, (E)
substandard paint repairs, such as peeling, bubbling or mismatched shades that evidence poor condition in companson to the
original paint and require repainting at a cost in excess of S200, (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
Jcl Cab/Operator Platform (A) Heavy Interior soil or strong odors such as manure, that cannot be removed by generai,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
(el 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
In 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
(gi 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 (u) the cost of pew lures 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, rf you teturn 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
SebiementNbr 12542291 EquwpmeniType Construction & Forestry Commercial
DOC7000 auplieaiio1 ID 12542291 Version Number 2 02/07/2018'02 11 PM Page 3 of 5
Revision Date 15 January 2017
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11 Default You will be in default if (a) you fall to remit to us any Lease Payment or other payment when due, (b) you breach any
other provision of this Lease Agreement and fall 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 8 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 lake 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 AS in satisfactory condition
in accordance With Section 10, and (4) the unamortized amount of our initial direct costs of originating and administenng 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 nghts (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) lake 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 Asslanment You will not assign pledge or otherwise transfer any of your nghts 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 dunng 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 1988, 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 authonzation 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, (1) you have compiled
fully with all applicable law governing open meetings, public bidding and appropriations, required in connection with the Lease and the
debt under applicable state law, (g) your obligations to remit Lease Payments and other amounts due and to become due under
the Lease constitute a current expense and not a debt under applicable state law, (h) all financial information you have provided is
true and a reasonable representation of your financial condition, (i) you shall not do or cause to be done any act which shall cause,
or by omission of any act allow the interest portion of any Lease Payment to become includible in our gross income for Federal
income taxation purposes under the Code, (I) you shall maintain a complete and accurate account of all assignments of the Lease
in the form sufficient to comply with book entry requirements of Section 149(a) of the Code and the regulations prescribed
thereunder from time to time, and (k) you shall comply with the information reporting requirements of Section 149(e) of the Code
Such compliance shall include, but not be limited to, the execution of 8038-G or 8038 GC Information Returns
You acknowledge and agree that (a) We did not select manufacture or supply any of the Equipment, (b) we acquired the
Equipment at your direction, (c) you selected the supplier of the Equipment, (d) you are entitled to all manufacturer warranties
("Warranty Rights") and we assign all Warranty Rights, to you to the extent assignable (e) you may request an accurate and
complete statement of the Warranty Rights, including any disclaimers and limitations, directly from the manufacturer and (f) you
assign to us all your rights (but none of your obligations) under all purchase orders purchase agreements or similar documents
relating to the Equipment You waive all rights and remedies conferred upon a lessee under Sections 508 - 522 of Article 2A of the
Uniform Commercial Code
16 Governing Law. Jurisdiction: Venue, THIS LEASE AGREEMENT WILL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF IOWA, WHERE THIS LEASE AGREEMENT IS ACCEPTED AND ENTERED INTO, except for its
conflict of laws provisions You irrevocably submit to the non-exclusive Jurisdiction and venue of federal and state courts located in Des
Moines, Iowa and will not claim it is an inconvenient forum for legal action YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU
AND WE MAY HAVE TO A JURY TRIAL
17 Miscellaneous WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, AS TO THE 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 wntlen) concerning the
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
OOC7000
Revision Dale 15 January 2017
Settlement Nbr 12542291
Application ID 12542291
Equipment Type Construction & Forestry Commercial
Version Number 2 02107/2018 02,11 PM
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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 tills 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 nghts 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, al any times we elect any
information regarding the location, maintenance operation and condition of the Equipment, (b) you irrevocably authonze 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 nghts, 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 penod, 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 riot, 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 B 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
FEB 14 2018
,p a"Signed)
By
„..,TEC/E bi ENf C,f iAIR WELD COUNTY BOARD OF COMMISSIONERS
Accepted By Deere Credit, inc (Lessor)
6400 NW 86th Street, Johfston IA 50131-6600
21Z�1- I 4 By
(Data Agreement Signed)
(Authorized Signature)
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
Settlement Nbr 12542291 EgmemeniType Construction 8 Forestry Commercial
DOC7000 Apptcabon ID 12542291 Vuision Number 2 02/0712018 02 11 PM
Revision Date 15 January2017
Page 5 of 5
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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 .s 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
instructions)
State
license
(see
number
(not
FEIN
number):
Issuing
state
Expiration
(Attach
a copy
of
state
license)
I affirm
items
purchased
are
for resale/wholesale
in the
ordinary
business. Initial
course of
Purchase
by religious
or charitable
organization
(exemptions
by
State
tax-exempt
number
(not
FEIN
number):
may vary
jurisdiction)
Payment
(Attach
a copy
information
of
state
exemption
(required
to
certificate)
meet
one
of
the
following):
Paid
by cash
and
accompanied
by
a
purchase
order
from
the
organization
Paid
by check
drawn
on
funds
of
the exempt
organization
Paid
by
purchasing
card
bearing
information
of
the
exempt
organization
The
embossed
name
of
the
card
is:
Paid
by commercial
card
not
a
personal
credit
card
-
card's
last
four
digits:
Purchase
by
federal,
state,
or
local
government
Credit
card
number
(first
six
and
last
four
only:
-
xx-xxxx-
Federal
government
(payment
information
-
required
to
meet
one of
the
following):
GSA
SmartPay2
card
—
fleet
card
with
picture
of
a road
and
flag
GSA
SmartPay2
card
—
purchase
card
with
picture
of
a
keyboard
and
flag
GSA
SmartPay2
card
—
travel
card
with
picture
of
an
airplane
and
flag
GSA
SmartPay2
card
—
integrated
card
with
picture
of
an eagle
and
flag
Dept
of
Interior
agency issued
card
— agency
name
.
State
and
local
government
(payment
information
- required
to
meet one of
the
following):
Paid
by
check
issued
by
and
drawn
on
funds
from
the
agency
government
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
department
presents
a state
issued
card
with
the
name/photo
of
the
bearer
If
presented
with
this card,
documentation
form
is
on the
cart.
of
of
payment
not
required
(excluding
mission card).
Purchaser
Information
Legal
WELD
Name
COUNTY
of
Company/Organization/Agency
Name
.-City
Purchaser
Steve
Name
Moreno,
(Printed)
BOCC Chair
Address
1150
O ST
GREELEY
State
CO
Zip + 4
80631-9596
Phone
(970)
356-4000
State/Driver
License
#
Description
CONSTRUCTION
of
Normal
Course
of Business
Uncer
tax-exempt
app
icable
penalty
penalty
will
of
be
perjury,
used
or
interest
I swear
for official
if my
or affirm that the
business of
purchase is
information
the above
found
on
-named
to not qualify
this
organization
form is true and correct
or agency.
for the exemption or if the
as
I accept
information
to
that
every
material
I remain directly
asserted
matter.
liable
in this form
I
affirm
that the items
for the taxes and
is deemec fraudulent.
any
purchased
Signat
sosmil..e.4.-Ile.t"
Date
EB 1 4 2018
Seller
Verification.,
Seller
DEERE
Name
CREDIT
INC.
Location
177473
#
Date
02/07/18
Transaction
12542291
ID
Employee
ID#
/ Initials
Description
772GP
MOTOR
of Items
Purchased
GRADER
or Attach Duplicate
Receipt/Invoice
Exempted
Amount of Purchase
o2o/k olf/(O2-
JOHN DEERE
FINANCIAL
Physical Damage/Liability Insurance
LESSEE:
WELD
1150
COUNTY
O ST,
GREELEY,
CO 80631-9596
LESSOR:
DEERE
6400
NW
CREDIT,
86th
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:
Phone
Number
of
Agency:
Mailing
Address
of
Agency:
Fax
Number
of
Agency:
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
ADDITIONAL
available,
Deere
Its
6400
Johnston,
Successors
in
NW
INSURED
Credit,
place
86th
IA
50131
of
Inc.
St
&/or
the
above
and
Assigns
information,
LOSS
PAYEE:
it
should
be
provided
to:
I
insurance,
successors
as
Termination
NOTICES
OF
agree
sole
THE
loss
and
PHYSICAL
TO
covering
understand
and
Value
payee.
LESSEE-
assigns)
(as
personal
DAMAGE/LIABILITY
such
that,
DO
as
term
pursuant
additional
NOT
injury
is
SIGN
and
defined
to
insured;
THIS
the
property
INSURANCE
in
provisions
Section
PHYSICAL
and
damage
(b)
7
of
keep
of
AT
Section
for
the
DAMAGE/LIABILITY
THE
the
not
Lease
Equipment
TIME
6
less
of
Agreement),
than
YOU
the
Lease
SIGN
$1,000,000
insured
INSURANCE
naming
IT
Agreement,
against
TO
PROTECT
per
Deere
occurrence,
all
IN
I
risks
Credit,
BLANK.
must
of
at
Inc.
physical
all
naming
YOU
LEGAL
(and
times
ARE
damage
its
(a)
Deere
RIGHTS.
successors
ENTITLED
maintain
Credit,
for
no
public
Inc.
less
and
TO
(and
than
assigns)
A
liability
COPY
its
its
YOUR
WELD COUNTY
FEB Y 4 2018
(Date Signed)
STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS
Revision Date:15 January 2017
FORM0717
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II
JOHN DEERE
FINANCIAL
Delivery and Acknowledgment
LESSEE:
1150
WELD
COUNTY
O ST,
GREELEY,
ELEY,
CO 80631-9596
LESSOR;
DEERE
6400
NW
CREDIT,
86tr
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
FEB 14 2018
By:
(Date Signed) STEVE MORENO, CHAIR -WELD COUNTY BOARD OF COMMISSIONERS
Revision Date: 15 January 2017
DOC7009
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CDJOHN 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
a Email - JDFCustomerService@JohnDeere.com
Mail -
John Deere Financial
ATTN: Payment Specialist
PO BOX 5327
Madison, WI 53705
Please write legibly and provide all information requested.
Bank Account Information - Please see page 2 of the form for instructions.
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:
12542291
WELD
COUNTY
970-356-4000
02/12/2018
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:
254229
Version Number: 2
FORM0003
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JOHN DEERE
FINANCIAL
LEASE AGREEMENT
Application ID:12 542215
Version Number: 2
Governmental
LESSEE'S NAME AND PHYSICAL ADDRESS
WELD COUNTY
1150 O ST
GREELEY, CO 80631-9596
LESSEE'S
TAX ID NUMBER
"•"'0813-
LESSFF'S
PHONE NO
970-356-4000
TYPE OF
BUSINESS
Municipality
LESSEE RESIDES IN (County/State)
WELD, CO
LESSEE AGREES 1O KEEP GOODS IN (County/Statei
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
P►tONE 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.
EGLJPMENT
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
1OW772GPEHF68548a
a
$1,700.96
$247.473 28
Total Purchase Option Price
$247,473.28
'Asset Level Payments may not include applicable sales taxes. For purposes of this Lease Agreement, "Lease Payments' means the Lease Payment
as identified below,
LEA SEPA YMENTS
LEASE TERM START
LEASE TERM END
DATE: February 12, 2018
DATE: February 12, 2021
The first Lease Payment Due Date is February 12, 2018 and each successive Lease Payment is due on the same day of
(the "Billing Period"), unless otherwise provided below
the Month thereafter,
NUMBER OF PAYMENTS
AGGREGATE OF ASSET
LEVEL PAYMENTS
SALES/USE
TAX
SMM
LEASE PAYMENT
DUE DATE
36
51,700.96
$0.00
534.02
$1,734.98
February 12. 2018
�"ECEIVEI)
a-,
j t
DEERE CREDIT, INC
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Settlement Nbi 12542215
Appt,cataxn ID 12542215
Equipment Type Construction & Forestry Commercial
Verson Number 2 02/07/2018 01:57 PM
Page 1of5
Revision Date: 15 January 2017
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TERMS AND CONDITIONS
1 Lease Term: Payments You agree to tease from us the Equipment descnbed 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 sigriii, even if you have made a payment to us You agree to remit the Lease Payments each Billing Penod
and all other amounts (including applicable sales use and property taxes) when due to DEERE CREDIT, INC , P O Box 445G, 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 S25 00 or the
maximum amount permitted by law, whichever is less tease 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 todake 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 titan 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 thislease 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.Secunty 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 onginal
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, Missmd 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 authonze us, at any time,
to (a) insert or correct information on this Lease Agreement, including your correct legal name, serial numbers and equipment
descnplions; (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 );auipment 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 suppliers)
and (in) 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 oryour
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, covenng personal Injury and property damage for not less than, 51,000,000 per occurrence naming us
(andkour 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 pr neglect of anyone other than uS and (b) the
insurer will give us at least 30 days' prior wntten notice before any cancellation of, or material change to, the policy
Unless you provide us with evidence of the required Insurance coverages, we may purchase insurance at your expense to protect
our interests in the Equipment This insurance may not (a) protect your interests, or (b) pay any claim that you make or any claim that is
made against you in connection with the Equipment You may later cancel any insurance purchased by us but only after providing us
with evidence that you have obtained the insurance required by this Lease Agreement The cost of the insurance may be more than the
cost of insurance you may be able to obtain on your own
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Revision Dale 15 January 2017
Soiiement Nbr 12542215
appliation ID 12542215
Epp pment Type Construction & Forestry Commercial
Version Number 2 02/07/2018 0157 PM Page 2 of 5
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7, Loss or Damage Untihthe 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 onginating 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 (cr 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 Rale" 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 );arty 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 nght, title and interest in such Item of Equipment AS -IS, WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION OR
VALUE
10 Return of alinement If this Lease Agreement is terminated for any reason and you do not (a) return the Equipment to us, of, (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 (h) 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 setts 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, (O) any air fitters not within manufacturer's
specifications (E) any gauges or fluid indicators that are damaged or do not function; (F) the electncal 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 manufacturers rated specifications. (J) hydraulic
system exceeds manufacturer's then -current contaminant standards (as shown by oil sample analysis): (1C) equipment not serviced
according to manufacturer's operating manual and/or (L) any lubricant water or A/C seal leaks
h) Exterior (A) Dents larger than 2 inches in diameter, (8) 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, CO
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 S200, (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, (u)'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
f cl 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 inlenor
id1 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
If) 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 S1 000 You agree that the hour meter included with the Equipment is conclusive of the number of
hours of Equipment use
fa) 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 romit 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 (roil) 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 (u) 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
Revision Date 15 January2017
Settlement Nbr 12542215 Equipment Type Construction & Forestry Commercial
Appecatien ID 12542215 version Number 2 02/07/2018 0157 PM Page 3 of 5
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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 guaranlor 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, br
(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 (la) 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 pnor 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 Jndemni(y. 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 dunng the Lease Term
15 Representations and Warranties You represent and warrant to us, as of the dale 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 authonzed by you in accordance with all applicable laws rules,
ordinances, and regulations, (c) the Documents aro 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 aulhonzation 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 authonty 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 lake 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 nghts and remedies conferred upon a lessee under Sections 508 - 522 of Article 2A of the
Uniform Commercial Code
18, 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 taws 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 deafer
of the Equipment is an agent of ours, or authorized to act for or bind us You agree not to withhold any,amounl 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 pnor understandings and communications (oral or written) concerning the
THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Revision Date 15 January 2017
Settlement Nor 12542215
Apprcal,en ID 12542215
Egwpmeei Type Construction & Forestry Commercial
Verson Number 2 02/07/2018 01 +7 PM Page 4 of 5
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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 bourt 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 gathenng or transnfission devicemithin 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 discfetion,assigged
to John Deere Exchange, LLD Notwithstanding anything above to the contrary, regardless of ourassignment of these rights, you
acknowledge and agree that all obligations of you and,us under this Lease Agreement shall gove(nthe relationship between you and us
hereto
18 Non-Aooronriatron of Funds You intend to remit to us all Lease Payments ar)d other payments for the full Lease Term J
funds are legally available In the event you are not granted an app'opnatron of runds at any time, during, the,Lease`Term for the
Equipment or for equipment which is functionally similar to the Equipmeritarid operating funds are not,otthe(wise available to you to
remit Lease Payments and other payments 'due and to become dug under this Lease Agreement, and there is, no other legal
procedure or available funds bybr with which payment can be made to us and the non -appropriation Minot result from an act or
omission by you, you shall have the rig'hf'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 penod 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 penod, (b) such non -appropriation did not result from any actor 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 THEAGREEMENT BETWEEN
YOU AND US, EXCEPT AS WE -MAY LATER AGREE IN WRITING TO MODIFY 1T,
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
FEB 4 4 2018 By,
lr�aiafred)
STT11EIMORENOYCHAttWELD COUNTY BOARD Or COMMISSIONERS
Accepted By Deere Credit, Inc (Lessor)
6400 NW 86th Street, Johnston, IA 50131.6600
7i--zeD-
By
(Dale Agreement Signed) (Authorized Sig . ure]
THETERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE
DOC7000
Revision Dule 15 January 2017
Settlement Nbr 12542215 Enu,pmaN Noe Construction 8 Forestry Commercial
Appucaoon 10 12542215 version Number 2 02/07/2018 01 57 PM
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DR 5002 (06/19/15)
COLORADO DEPARTMENT OF REVENUE
Standard Colorado Affidavit of Exempt Sale
This form is required by the State of Colorado for any transaction on which an exemption from state tax is claimed for
charitable and government entities, The seller is required to maintain a completed form for each tax-exempt sale
Furnish this form to the seller. Do not return this form to the State of Colorado.
Purchase Details
• Purchase for resale - or - • Purchase
for wholesale (see instructions)
Issuing state
Expiration
State license number
(Attach a copy of state
(not FEIN number)
license)
are for resale/wholesale
in the ordinary course of business Initial
• I affirm items purchased
• Purchase by religious
or charitable
(not FEIN
exemption certificate)
(required to
by
on funds of
card bearing
of the card
card not a personal
organization (exemptions may vary by Jurisdiction)
number)
State tax-exempt number
(Attach a copy of state
Payment information
meet one of the following).
a purchase order from the organization
the exempt organization
information of the exempt organization
Is
■ Paid by cash and accompanied
• Paid by check drawn
• Paid by purchasing
The embossed name
■ Paid by commercial
credit card - card's last four digits
or local
six and last
information
— fleet card
— purchase
— travel card
— integrated
issued card
(payment
by and drawn
purchase card
number printed
states "for
government
four only. - xx-xx)x-
• Purchase by federal, state,
Credit card number (first
Federal government (payment
- required
with picture of
card with picture
with picture
card with picture
— agency name
information
on funds from
as designated
on the card
official state use
to meet one of the following)
a road and flag
of a keyboard and flag
of an airplane and flag
of an eagle and flag
• GSA SmartPay2 card
• GSA SmartPay2 card
• GSA SmartPay2 card
• GSA SmartPay2 card
• Dept of Interior agency
State and local government
- required
the government
on the card
(Colorado only)
only" or "tax
to meet one of the following)
agency
• Paid by check issued
• Paid by government
State tax-exempt
■ Check if the card
exempt"
diplomatic exemptions (required to meet the following):
a state department Issued card with the name/photo of the bearer on the card,
card, documentation of form of payment is not required (excluding mission card)
• Purchase by foreign and
• Purchaser presents
If presented with this
Purchaser Information
Legal Name of Company/Organization/Agency Name
WELD COUNTY
Purchaser Name (Printed)
Steve Moreno, BOCC Chair
Address
1150 0 ST
City
GREELEY
State
CO
Zip + 4
80631-9596
Phone
(970) 356-4000
State/Driver License #
Description
CONSTRUCTION
of Normal Course of Business
Under penalty of perjury, I swear or affirm that the information on this form is true and correct as to every matenal matter I affirm that the items purchased
tax-exempt will be used for official business of the above -named organization or agency I accept that I remain directly liable for the taxes and any
applicable p alty or interest if my purchase is found to not qualify for the exemption or if the information asserted in this form is deemed fraudulent
Signatur 0934,-LPiw0-
j
Date
FEB 14 2018
Seller Verification
Seller Name
DEERE CREDIT INC
Location #
177473
Date
02/07/18
Transaction ID
12542215
Employee ID# / Initials
Description of Items Purchased or Attach Duplicate Receipt/Invoice
772GP MOTOR GRADER
Exempted Amount of Purchase
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MEMORANDUM
TO: Board of Commissioners DATE: October 9, 2017
FROM: Jay McDonald, Public Works Director
SUBJECT: Leased Motor Graders — Bid B1800001
The Public Works Department recommends the low bid from 4 -Rivers Equipment be accepted for a 36 -month
month
lease of 11 John Deere 772GP motor graders (2018-2020) for the Gravel Road Mgmt. Division.
The monthly cost per machine is $1,435 for 1500 hours per year and $1,735.00 for 2O00 hours per
year.
Including: Options A, E,I,J,K,M K, M and N (No charge); Option B
($5.00/month); Option C ($10.00/month). Option
D ($145.00/month); Option F (515.00/month) Option G ($5.00/month); Option H 570.00/month t.
break -down is as follows:
( ), The monthly
6 Machines @ 1500 hours per year - $8,610 per month
5 Machines @ 2000 hours per year - $8,675 per month.
Total cost per month S 17,285.00
Options
Option A (GPS/Service Hrs. & Location & Download)
Option B (Removable Front Fenders)
Option C (Removable Rear Fenders)
Option D (All Wheel Drive)
Option E (Auto Shift Transmission)
Option F (Rear Mounted Rippers)
Option G (Spare Tire and Wheel)
Option H (Electronic Cross Slope Meter)3 Yr./6000 Hr. Extended Power Train Warrant
Option I (Backup Camera) Warranty
O ption J (Heated Front Windows)
O ption K (Reversing Engine Fan)
Option L (Lease Rates)
O ption M (3 year/6000 Hr. Extended Power Train Warranty)
Option N (Complete set of maintenance, parts and service manuals — Online only,
J
Online subscription costs.)
1500 Hrs./Year
2000 Hrs./Year
Yearly Costs
$ 103,320.00 for 6 machines
$ 104,100.00 for 5 machines
Yearly Total $ 207,420.00
Budgeted $ 447,665.00
If you have any questions, please contact me at extension 3761.
Contract Date
Location
2015 John
Deere 772GP
Configurations
2018 John
Deere 772GP
Configurations
Hours of Use
SN's
SN's
1+13/2015
154 A-4 vim
1DW772GPPEF665760
Rippers
1 DW772GPEHF685488
Rippers
2000
2/9/2015
155 - R-5, Greeley
1 DW772GPTEF665675 (1500)
Rippers
1DW772GPLHF685486
Rippers
1500
2/15/2015
158 - A-14, Ault
,
1DW772GPPFF666778
Hitch
,
1DW772GPHHF685523 772GPHHF685523
Rippers
2000
2/20/2015
158 - R-4, Greeley
1DW772GPJFF6667O4 (1500)
Rippers
Rippers
1500
2/22/2015
164 - A-15, Galeton
1DW772GPHFF666709
Rippers
Rippers
2000
2/22/2015
157 - R-22, Keota
1DW772GPVFF666740
Rippers
Rippers
2000
2/24/2015
160 - B-24, Mead
1DW772GPTFF666746
Rippers
Rippers
2000
3/1/2015
159 - B-18. Galeton
1 DW772GPLFF667079
(4R Shop)
Hitch
Rippers
1500
3/5/2015
161 — B-21, Peckham
1DW772GPLFF667082
Hitch
Rippers
1500
3/5/2015
162 - A-10, Rockport
1DW772GPVFF667077
Hitch
Rippers
1500
3/5/2015
163 — A-16, Gal
1DW772GPKFF667110
Hitch
Rippers
1500
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