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Home My WebLink About20181623.tiffCustomer Purchase Order for John Deere Construction and Forestry Products - USA, JOHN DEERE PURCHASER NAME AND ADDRESS (First Signer) NAME (First Midcle Initial. Last) Weld County STREET OR RR 1150 O Street CITv Greeley PHONE NUMBER (970) 356-4000 STATE CO EMAIL ADDRESS IP CODE 80631 jlol soma, weldgov . com COUNTY Weld PURCHASER NAME AND ADDRESS (Second Signer NAME (First. Middle. Lash STREET OR RR CITY PHONE NUMBER EXTENDED WARRANTY IS • STATE ZIP CODE OUNTY EMAIL ADDRESS Accepted ri Rejected (initials) LOCATION OF FIRST WORKING USE ► DEALER NAME AND ADDRESS DEALER NAME 4 Rivers Equipment, LLC DEALER ACCOUNT NO 17-7476 STREET or RR 125 John Deere Drive C! T Fort Collins DEALER ORDER NO STATE CO ZIP CODE 80524 Date of Order: 04/05/18 TYPE OF SALE ■ CASH LEASE C 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 D Government PURCHASER IS • F''SINESS JAt PURCHASER ACCT 109005 SOCIAL SECURITY I I IRS TAX ID NO EIN COUNTY Weld Greeley Ultimate Uptime Package Purchased Yes • No STATE CO COUNTY CODE QTY NEW DEMO RENT USED EQUIPMENT (Give Model, Size & Description) (Hours of Use) PIN or Serial Number DELIVERED CASH PRICE 1 7 E 2018 John Deere 772GP Motor Grader Lift Group 5 DW772GPPJF686456 $279,979.99 w/ ❑ Options: A, B, D, E, F, G, H Bid Award .1 per G ■ ■ ■ ■ , i ❑ ❑ ❑ Um ❑ LI II ❑ ❑ [. Sales Price Used to Determine Lease Payment and Residual IL__. ■ H. 1000 Hourr Per Year Lease - $1750.00 a month 4yr/5000hr FULL MACHINE WARRANTY (1) TOTAL CASH PRICE $279 979.99 QTY TRADE-IN (Model, Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT , ACKNOWLEDGEMENTS: Purchaser offers to sell, transfer and convey the items(s) listed or pnor to the time of delivery of the above product(s), as a "trade-in" to be applied against represents that each "trade-in" item shall be free and clear of all security interests, liens, transfer to the Dealer except to the extent shown below The price to be allowed for each document The Purchaser promises to pay the balance due (line 9) shown hereon in cash, Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the charges showr thereon or to execute a Lease Agreement, on or before delivery of the equipment delivery of the oroduct(s) to the Purchaser, title shall remain with the Seller until one of the Purchaser and the Dealer agree the this Purchase Order is not a security agreement and the Purchaser pursuant to this Purchase Order will not constitute possession of the Products for the purposes of the purchase money security provisions in any statutes relating to personal equivalent Purchaser understands that its rights in connection with this purchase are limited order as "Trade In" to the Dealer at the cash price Purchaser and encumbrances at the time of "trade-in" item is listed o this or to execute a Time Sale Product(s► plus additional ordered herein Despite foregoing is accomplished The that delivery of the Product(s) to by the Purchaser as a debtor property security of its as set forth in this purchase (2) TOTAL TRADE-IN ALLOWANCE $0.�0 (3) RENT APPLIED (4) BALANCE (1-3) $279,979.99 (5) SALES TAX I $0.00 (6) ADDITIONAL FEES (7) SUB TOTAL $279,979.99 (8) TRADE PAYOFF (9) CASH WITH ORDER (10) BALANCE DUE (7+8-9) - ---e 19 • apv 2:5 Ac (64.14e) if 2018-1623 /ktotc2, DISCLOSURE OF REGULATION APPLICABILTY: When operated in California, any off -road diesel vehicle may be subject to the California Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants More information is available on the California Air Resources Board website at http //www arb.ca.gov/msprog/ordiesel/ordiesel htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer Please read the Standard Warranty carefully before signing No express warranty is made unless specified in the Warranty Statement PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the Purchaser (or "Customer" as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www JohnDeere.com/Agreements Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services If Purchaser does not agree to these terms and conditions Purchaser must not activate or otherwise use the Data Services The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version Purchaser (First Signer) Purchaser (Second Signer) Dealer Representative Salesperson Weld County Carlos Koons Signature Signature Signature Signature (Initials) and understands its terms and conditions thoett,-1-gr Date Date Date Date MAY z 1 20%8 To the extent the equipment described herein has previous rental hours, notice is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. �?a��- /2o JOHN ' /EE FINANCIAL I LEA* LEASE AGREEMENT Application ID 12582871 Version Number 3 Governmental I FSSFE'S NAME AN!) PHYSICAL ADDRF.°, WELD COUNTY 1150 0 ST GREELEY, CO 80631-9596 LESSEES TAX ID NUMBER **-***0813 LESSEES PHONE NO 970-356 4000 TYPE OF BUSINESS Municipality LESSEE RESIDES IN (County/State) ; WELD, CO LESSEE AGREES TO KEEP GOODS IN Countylstate) 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 ADDRESSI Deere Credit, Inc P O Box 6600 Johnston IA 50131-2945 PHONE NUMBER 800.828-8297 This Lease Agreement ("Lease Agreement") is entered into between Deere Credit, Inc , as Lessor ("we", "us" or "our"), and the Lessee and any Co -Lessee identified above ("you" or "your") ? Each Lessee and Co -Lessee shall be jointly and severally liable for all obligations under this Lease Agreement EQUIPMENT LEASED Year Make Model Equipment Description , Hour Limit Per Year Excess Hour Charge Equipment Location County Outside City Limits 2018 JD 772 772GP Motor Grader , 1000 $65 00, GREELEY CO WELD Yes ADDITIONAL DETAILS , Product ID Hour Meter Asset Level Payment' Purchase Option Price 1DW772GPPJF686456 W 772GP PJF686456 5i $1,714 47 $267,200 00 Total Purchase Option Price , $267,200 00 'Asset Level Payments may not include applicable sales taxes For purposes of this Lease Agreement, "Lease Payments means the Lease Payment as identified below LEASE PAYMENTS LEASE TERM START DATE May 18, 2018 LEASE TERM END DATE May 18, 2021 ' j The first Lease Payment Due Date is May 18, 2018 and each successive Lease Payment is due on the same day of the Month thereafter, (the "Billing Period'), unless otherwise provided below NUMBER OF PAYMENTS AGGREGATE OF ASSET LEVEL PAYMENTS SALES/USE F TAX SMM LEASE PAYMENT ) DUE DATE 36 $1,714 47 $0 00 $34 29 $1,748 76 May 18, 2018 RECEIVED MAY 2 9 2018 DEERE CREDIT, INC, THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr 12582871 Application ID 12582871 Equipment Type Construction & Forestry Commercial Version Number 3 - 05/08/2018 11 38 AM Page 1 of 5 Revision Date 15 January 2017 IIIIIIIIIIIIIIIIII III Ili II IIIIII I illill IIII III Ai 1111 IIII f TERMSEAND CONDITIONS 1 Lease Term. Payments You agree to lease from us the Equipment described in this Lease Agreement for the Lease Term The Lease Term will begin on the Lease Term Start Date and end on the Lease Term End Date All attachments and accessories itemized in this Lease Agreement and all replacements, parts and repairs to the Equipment shall form part of the Equipment This Lease Agreement is not accepted by us until we sign it even if you have made a payment to us You agree to remit the Lease Payments each Billing Period and all other amounts (including applicable sales, use and property taxes) when due to DEERE CREDIT INC P O Box 4450 Carol Stream IL 60197-4450, even if we do not send you a bill or an invoice YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE, UNCONDITIONAL, AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER For any payment which is not received by its due date, you agree to pay a late charge equal to 4 000% of the past due amount (not to exceed the maximum amount permitted by law) as reasonable collection costs, plus interest from the due date until paid at a rate of 1 5% per month, but in no event more than the maximum lawful rate Restrictive endorsements on checks you send us will not change or reduce your obligations to us If a payment is returned to us by the bank for any reason; you agree to pay us a fee of $25 00 or the maximum amount permitted by law, whichever is less Lease Payments and other payments may be applied, at our discretion, to any obligation you may have to us or any of our affiliates If the Total of all payments made dunng the Lease Term exceeds the total of all amounts due under this Lease Agreement by less than $25Y00 we may retain such excess Lease Payments may be based on the assumption that we will be entitled to certain tax benefits as the owner of the Equipment If you take or fail to take any action that results in a loss of such tax benefits you will pay us on demand the amount we calculate as the value of such lost tax benefits You certify that the hour meter reading on each Item of Equipment is accurate as of the date you sign this Lease Agreement If you use any Equipment dunng 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 r 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 necessaryito restore the Security Deposit to the original amount The Security Deposit will be returned to you within 30 days of termination of this Lease Agreement and final inspection by us, provided you are not in default 3 Taxes Although you may be exempt from the payment of certain Taxes, you agree to pay us when invoiced (a) all sales, use, rental, gross receipts and all other taxes which may be imposed on the Equipment or its use, and (b) all taxes and governmental charges associated with the ownership, use or possession of the Equipment including, but not limited to, personal property and ad valorem taxes ("Taxes") Taxes do not include those measured by our net income If applicable law requires tax returns or reports to be filed by you, you agree to promptly file such tax return and reports and deliver copies to us You agree to keep and make available to us all tax returns and reports for Taxes paid by you 4 Ownership. Missing Information We are the owner of the Equipment and you have the right to use the Equipment under the terms of this Lease Agreement You agree to keep the Equipment free and clear of liens and encumbrances except those in our favor, and promptly notify us if a lien or encumbrance is placed or threatened against the Equipment You irrevocably authonze us, at any time to (a) insert or correct information on this Lease Agreement, including your correct legal name, serial numbers and equipment descnptions, (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 Eauloment Maintenance. Operation and Use You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, (b) not permanently move the Equipment to another county or state without notifying us within 30 days, (c) operate and maintain the Equipment in accordance with all (i) laws, ordinances and regulations (ii) manuals and other instructions issued by the manufacturer(s) and supplier(s), and (iii) insurance policy terms and requirements, (d) perform' (at your own expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to you, 'reasonable wear excepted, (e) not install any accessory or device on the Equipment which negatively affects the value, useful life or the originally intended function 'or use of the Equipment in any way unless it can be removed without damaging the Equipment, (f) allow us and our agent(s) to inspect the Equipment and all of your records related to its use, maintenance and repair at any reasonable time, (g) keep any metering device installed on the Equipment connected and in good working condition at all times, (h) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you, and (i) not permit the Equipment to be used by, or to be in the possession of, anyone other than you or your employees 6 insurance You agree, at your cost, to (a) keep the Equipment insured against all risks of physical damage for no less than its Termination Value (as such term is defined in Section 7 below), naming us (and our successors and assigns) as sole loss payee, and (b) maintain public liability insurance, covering personal injury and property damage for not less than $1,000,000 per occurrence, naming us (and our successors and assigns) as additional insured All, insurance must be with companies and policies acceptable to us Your obligation to Insure the Equipment continues until you return the Equipment to us and we accept it Each insurance policy must provide that (a) our interest in the policy will not be invalidated by apy act, omission, breach or neglect of anyone other than us, and (b) the insurer will give us at least 30 days' prior wntten notice before any cancellation of, or matenal 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 I?y 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 kk; THE TERMS OF THIS CONTRACT 'ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr 12582871 Application ID 12582871 3 Equipment Type Construction & Forestry Commercial Version Number 3 05/08/2018 11 38 AM Page 2 of 5 Revision Date 15 January 2017 lill III i uIl II is III 111 II i [ii I iii IIIIMIN MI il ill iii II 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 repairedlor 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 (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 Pnce (or residual value assumption)'as the variables "Discount Rate" shall mean the Internal Rate of Return minus two percentage points (2%); 8 Purchase Option In the event you desire to purchase an Item of Equipment at the Lease Term End Date and you are not in default, you agree to pay us the applicable Purchase Option Price (plus applicable Taxes including estimated property taxes) for each Item of Equipment Upon receipt of the Purchase Option Price and any other amounts yiou 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 r 10 Return of Equipment If this Lease Agreement is terminated for any reason and you do not (a) return the Equipment to us, or, (b) exercise any Purchase Option, you agree to remit to us, until such time as the Equipment is returned to us in accordance with the provisions of this Section, lease payments each month equal to the higher of (i) the monthly fair market rental value of the Equipment, as determined by us in our sole discretion or (ii) the monthly Lease Payment (or the monthly lease payment equivalent if the Lease Payments are other than monthly (e g , for annual Lease Payments the monthly lease payment equivalent would be calculated by dividing the annual Lease Payment by 12)) All Equipment must be returned to the nearest John Deere dealer that sells equipment substantially similar to the Equipment, at your expense and in satisfactory condition, along:with all use, maintenance and repair records Equipment is in satisfactory condition if it is in as good a condition as when the Equipment was delivered to you, reasonable wear excepted Unsatisfactory condition shall include any condition described below ("Excessive Wear and Tear') fa) Mechanical (A) Computer systems or safety and emission control equipment =not in proper working order, (B) mechanical components that are missing, broken or unsafe or that do not operate normally, given the age of the Equipment (C) wear on power train assembly that exceeds manufacturer's standardsifor normal wear and tear, i(D) any air filters not within manufacturer's specifications, (E) any gauges or fluid indicators that are damaged or do not function, (F) the electrical system fails to operate properly, (G) the battery fails to hold a charge, (H) any wire harnesses not tied down and kept secured, dry and clean (I) any pumps, motors, valves or cylinders not in good operating condition or that fail to meet manufacturer's rated specifications (J) hydraulic system exceeds manufacturer's then -current contaminant standards (as shown by oil'sample analysis), (K) equipment not serviced according to manufacturer's operating manual, and/or (L) any lubricant water or A/C seal leaks fb) Exterior (A) Dents larger than 2 inches in diameter; (B) excessive number of dents or scratches, (C) any scratch 8' or longer that reaches the metal skin (D) any single chip the size of a quarter or larger or multiple small chips within one square foot (E) substandard paint repairs, such as peeling, bubbling of mismatched shades that evidence poor condition in comparison to the onginal paint and require repainting at a cost in excess of $200 (F) rust holes in the body metal or a rust spot that covers more than a 4 -inch square area, (G) any glass that must be replaced due to cracks or missing glass and any windshield damages cracked or broken glass must be replaced (H) all frame damage and substandard frame repairs and/or (I) any tires or tracks that (i) have broken side walls or excessive cuts or damages, (ii) have less than 50% of the original useful life remaining, or (iii) are not of the same size, type grade or equivalent quality manufacturer as were originally included on`the Equipment (cl Cab/Operator Platform (A) Heavy interior soil or strong odors, such as manure Jthat cannot be removed by general cleaning (B) unclean condition of operator environment and/or i(C) holes tears or burns on the dash floor covers, seats headliners, upholstery or interior (d) General (A) Equipment not operated or maintained in accordance with manufacturer's specifications or if components, fuels or fluids, on or in connection with the Equipment that do not meet manufacturers standards were used, and/or (B) any other damage that in the aggregate costs $250 or more to repair or that makes the Equipment unlawful or unsafe to operate (e) Other (A) All warranty and PIP ("Product Improvement Program") work relating to the Equipment must be completed pnor to the Lease Term End Date, (B) the Equipment must be cleaned prior to its return i ff) Hour Meter For each Item of Equipment returned with a broken or missing hour meter, you shall accept an invoice from us and remit to us an amount equal to $1 000 You agree that the hour meter included with the Equipment is conclusive of the number of hours of Equipment use 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 remit to us the cost of repairing or replacing the affected component(s) which we determine necessary to return the Equipment to its required condition, and/or (B) accept an invoice from us and remit to us an amount equal to our estimate of (i) the cost of new tires or tracks if the tires or tracks are damaged due to broken side walls or excessive cuts or damage, or (ii) the cost of new tires or tracks multiplied by they difference between (a) our estimate of the percentage of the useful life of the tires and tracks then (remaining, and (b) 50% For example, if you return Equipment with tires having 20% of their useful life remaining, you would remit to us an amount equal to 30% of the cost of new tires ((50% - 20%) multiplied by the cost of new tires) Your failure to remit the required payment to us within 10 days of demand shall constitute a default by you under the terms of this Lease Agreement THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE Settlement Nbr 12582871 Equipment Type Construction 8 Forestry Commercial DOC7000 Application ID 12582871 Version Number 3 05/08/2018 11 38 AM Page 3 of 5 Revision Date 15 January 2017 MI I U!I II I llI HI uIIII lul II IN Mill MI II 1 lill III IP II 11 Default You will be in default if (a) you fail to remit to us any Lease Payment or other payment when due, (b) you breach any other provision of this Lease Agreement and fail tD cure such breach within 10 days, (c) you remove any Equipment from the United States, (d) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law, (e) a default occurs under any other agreement between you (or any of your affiliates) and us (or any of our affiliates), (f) you or any guarantor is acquired by, merges with or consolidates into another entity, sells substantially all its assets, dissolves or terminates its existence or (if an individual) dies, or (g) you fail to maintain the insurance required by Section 6 Tyne 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 Equipmeht 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 onginating and administering this Lease Agreement (ii) if the Equipment is returned to us and this Lease Agreement is deemed to be a secured transaction and not a lease in our sole discretion, the difference between (1) the Termination Value as of the date of such default, and (2) the net proceeds we receive from any sale lease or other disposition of the Equipment (after (deducting all of our costs and expenses) or (iii) If the Equipment is not returned to us, the Termination Value as of the date of such default, (c) declare any other agreements between you and us (or any of our affiliates) in default, (d) terminate any of your rights (but none 'of your obligations) under this Lease Agreement and any other agreement between you and us (or any of our affiliates), (e) charge you for the expenses incurred in connection with the enforcement of our remedies including, without limitation repossession, repair and collection costs attorneys', fees and court costs (f) exercise any other remedy available at law or in equity, and (g) take on your behalf (at your expense) any action required by this Lease Agreement which you fail to take These remedies are cumulative, are in addition to any other remedies provided by law and may be exercised concurrently or separately Any failure or delay by us to exercise any right shall not operate as a waiver of any other nght or future right 13 Assianment 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 Indemnity You are responsible for all losses, damage, claims injuries to or the death of an individual, and attorneys' fees and costs ("Claims ), incurred or asserted by any person, in any manner related to the Equipment or this Lease Agreement thereof, including its use condition or possession You agree to defend and indemnify us and hold us harmless, against all Claims, although we reserve the right to control the defense and to select or approve defense counsel You will promptly notify us of all Claims made Your liability under this Section is not limited to the amounts of insurance required under this Lease Agreement This indemnity continues beyond the termination of this Lease Agreement for acts or omissions which occurred during the Lease Term 15 Representations and Warranties You represent and warrant to us, as of the date of this Lease Agreement and covenant to us so long as this Lease Agreement is in effect, that a) you are a State, or a political subdivision thereof, for purposes of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), (b) any documents required to be delivered in connection with the Lease (collectively, the "Documents") have been `,duly authorized by you in accordance with all applicable laws rules, ordinances, and regulations, (c) the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body, and hold the offices indicated below their signatures, (d) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authonty and shall be used during the Lease Term only by you and only to perform such function (e) you intend to use the EquipmentIlforthe entire Lease Term and shall take all necessary action to include in your annual budget any funds required to fulfill your obligations each fiscal period during the Lease Term, (f) you have complied fully with all applicable law governing open meetings, public bidding and 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 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 and 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 remediei 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 far 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 NIOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES ; You acknowledge that no supplier or dealer of the Equipment Is an agent of ours, or authorized to act for o,r 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 alliprior understandings and communications (oral or written) concerning the t THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr 12582871 Application ID 12582871 Equipment Type Construction & Forestry Commercial Version Number 3 05/08/2018 11 38 AM Page 4 of 5 Revision Date 15 January 2017 ll1Hi II HI III Illi II II I II E0 Nil 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 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 authonze 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 o You acknowledge and agree that our right to sell the Equipment under this Lease Agreement will be, at our sole discretion, assigned to John Deere Exchange, LLC Notwithstanding anything above to the contrary regardless of our assignment of these rights you acknowledge and agree that all obligations of you and us under this Lease Agreement shall govern the relationship between you and us hereto 18 Non-Annronriatlon 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 appropnation 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 appropnations were received without penalty or expense to you, except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted At least 30 days prior to the end of your fiscal period, your chief executive officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the fiscal period, (b) such non -appropriation did not result from any act or failure to act by you, and (c) you have exhausted all funds legally available to pay Lease Payments If you terminate the Lease because of a non - appropriation of funds, you may not, to the extent permitted by applicable law, purchase, lease, or rent, during the subsequent fiscal period, equipment performing the same functions as or functions taking the place of, those performed by the Equipment This Section 18 shall not permit you to terminate the Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the application for which the Equipment is intended If you terminate the Lease because of a non -appropriation of funds, the provisions of Section 8 shall not apply THE TERMS OF THIS LEASE AGREEMENT SHOULD BE, READ CAREFULLY BEFORE SIGNING BECAUSE ONLY THESE WRITTEN TERMS ARE ENFORCEABLE NO OTHER TERMS OR ORAL PROMISES MAY BE LEGALLY ENFORCED BY SIGNING THIS LEASE AGREEMENT, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LEASE AGREEMENT THIS LEASE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT NOTICES TO THE LESSEE- DO NOT SIGN THIS LEASE AGREEMENT IN BLANK YOU ARE ENTITLED TO A COPY OF THE LEASE AGREEMENT AT THE TIME YOU SIGN IT TO PROTECT YOUR LEGAL RIGHTS WELD COUNTY IVIAY 21 2018 By (Date Signed) STEVE MORENO CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Accepted By Deere Credit, Inc (Lessor) 6400 NW 86th Street, Johnston, IA 50131.6600 Cp)1)/ (Date Agreement Signed) (Authorized Signature) By ( i THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE DOC7000 Settlement Nbr 12582871 Application ID 12582871 Equipment Type Construction & Forestry Commercial Version Number 3 05/08/2018 11 38 AM Page 5 of 5 Revision Date 15 January 2017 IIIIIII NI HI III IN II Pll IIII In IllUl IIIIIIIIIIIIIIIIIIII aois-I623 I�01 Aavance Lease rayment invoice Cei JOHN DEERE FINANCIAL Due Date 05/18/2018 Total Due $1,748 76 Purchase Order Number Billing Address Updated Billing Information, WELD COUNTY PO BOX 758 GREELEY, CO 80632-0758 Please Note All future invoices will be sent to the billing address shown unless you update your billing information above Mfg Model Product ID Due Date Payment Sales/Use Tax Security Deposit 'vTotal Due AC Signing ' JD 772 1DW772GPPJF686456 05/18/2018 $1,748 76 $0 00 $0 00 a .$1-,748-76 Correspondence Only Remit Checks Payable To, - Deere Credit, Inc Attn Lease Administration PO Box 6600 Johnston, IA 50131-6600 Phone (800) 828-8297 Fax (800) 254-0020 Deere Credit, Inc Attn Acct Dept - ALP Processing PO Box 6600 Johnston, IA 50131-6600 TO ENSURE PROPER CREDIT, STAPLE CHECK AND RETURN THIS INVOICE WITH THE LEASE AGREEMENT DOCUMENTS STAPLE ADVANCE LEASE PAYMENT CHECK HERE Every dishonored check will result In a fee of $25 00 or an amount not to exceed the highest amount permitted by law Revision Date 15 January 2017 FORM0716 l 1111 �II�AAl16m�IIlaII�111111N1� IIIM IIII Page 1 of 1 JOHN DEERE FINANCIAL Delivery and Acknowledgment LESSEE IWELD COUNTY 1150 O ST, GREELEY, CO 80631-9596 LESSOR DEERE CREDIT, INC 6400 NW 86th ST, 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 RAY 21 2013 By (Date Signed) STEVE MORENO CHAIR -WELD COUNTY BOARD OF COMMISSIONERS f Revision Date 25 February 2018 DOC7009 III IIIIIIIIN IIIIIII i I i ��iiIliDini iIIIiiuiiilli II El IIIIU IIII 020/f -//-1L5 Page 1 of 1 t O.JOHN DEERE FINANCIAL Physical Damage/Liability Insurance LESSEE: 1150 WELD COUNTY O ST, GREELEY, CO 80631-9596 LESSOR: 6400 DEERE 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: enury r .-------- f wtrwm ` cA cc/Limes Zlic Phone Number of Agency: 303 16i-- & Cc) 7 y Mailing Address of Agency:/ Fax Number of Agency: .-, _ Clio' c,i _ g oo � f ,- A " 5ra.) O3 PHYSICAL DAMAGE INSURANCE on the Lease Agreement will be provided by the following agency: Name of Agency: a /14.e--- Phone Number of Agency: Mailing Address of Agency: Fax Number of Agency: If an insurance certificate is ADDITIONAL available, Its 6400 Johnston, Deere 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 agree and understand covering and assigns) personal that, as pursuant injury additional and to insured: the property provisions and damage (b) of keep Section for the not Equipment 6 less of than the Lease $1,000,000 insured Agreement, against per occurrence, all I must risks of at physical all naming times damage (a) maintain Deere Credit, for no public Inc. less (and liability than its its Termination as NOTICES OF sole THE loss PHYSICAL TO Value payee. LESSEE- (as such DAMAGE/LIABILITY DO term NOT is defined SIGN THIS INSURANCE in Section PHYSICAL 7 of AT the DAMAGE/LIABILITY THE Lease TIME Agreement). YOU SIGN INSURANCE naming IT TO PROTECT Deere IN Credit, BLANK. YOUR Inc YOU LEGAL (and ARE its RIGHTS. successors ENTITLED and TO assigns) A COPY WELD COUNTY MAY 212018 (Date Signed) STEVE MORENO. CHAIR -WELD COUNTY BOARD OF COMMISSIONERS Revision Date 15 January 2017 Apps cation ID 1258287 Version Number 3 2t/t /L013 FORM0717 i i i i i i i i i i i i i II Page 1of1 DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE Standard Colorado Affidavit of Exempt Sale This form is required by the State of Colorado for any transaction on which an exemption from state tax is claimed for charitable and government entities. The seller is required to maintain a completed form for each tax-exempt sale. Furnish this form to the seller. Do not return this form to the State of Colorado. Purchase Details ❑ Purchase for resale - or - ❑ Purchase for wholesale (see instructions) State license number (not FEIN number): Issuing state Expiration (Attach a copy of state license) ❑ I affirm items purchased are for resale/wholesale in the ordinary course of business. Initial ❑ Purchase by religious or charitable organization (exemptions may vary by jurisdiction) State tax-exempt number (not FEIN number): (Attach a copy of state exemption certificate) Payment information (required to 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: 2 Purchase Credit card by number federal, (first state, six or and local last government 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 Stat Zr Paid nd local by check government issued by (payment and drawn information on funds from - required the government to meet agency one of the following): ❑ Paid by government purchase card as designated on the card State tax-exempt number printed on the card (Colorado only): ❑ Check if the card states "for official state use only" or "tax exempt" ■ Purchase by foreign and diplomatic exemptions (required to meet the following): ❑ Purchaser presents a state department issued card with the name/photo of the bearer on the card. If presented with this card, documentation of form of payment is not required (excluding mission card). Purchaser Information Legal WELD Name COUNTY of Company/Organization;Agency Name Purchaser Name (Printed) fd G A r rer.tce ,3oc c A.' ≤ft c/c Address 1150 O ST City GREELEY State CO Zip + 4 80631-9596 Phone (970) 356-4000 State/Driver License # Description CONSTRUCTION of Normal Course of Business Under tax-exempt applicable penalty penalty will of perjury, be used or for interest I swear or official if my affirm business purchase that the of the is found information above on -named to not qualify this organization for form the is true or exemption and correct agency or if as to every I accept that the information material I remain directly asserted matter in this liable form I affirm for the is deemed that the items taxes and any fraudulent purchased Signature �'' lekt7-1.-42.41-- Date MAY 21 2018 Seller Verification Seller DEERE Name CREDIT, INC. Location 17-7473 # Date 05/08/18 Transaction 12582871 ID Employee ID# : Initials [Description of Items Purchased or Attach Duplicate Receipt'lnco;ce Exempted Amount of Purchase MOTOR GRADER + oto/8 /4,023 DR 5002 (06/19/15) COLORADO DEPARTMENT OF REVENUE Instructions for State of Colorado Affidavit of Exempt Sale These instructions are specific to the State of Colorado in which this purchase has been made Qualifying for an exemption may be different for each local jurisdiction, and these instructions are not intended to set forth the requirements of any local jurisdiction General instructions Purpose of Form This form is used to certify to sellers that a purchase qualifies for exemption under Title 39, Article 26 of the Colorado Revised Statutes For Sellers, accepting and keeping this document helps you get correct information about the purchaser, which helps you prove this is an exempt sale during a tax audit For Purchasers, completing this document and giving it to a seller helps to speed up your purchase process Reminders Furnish to seller This form should be furnished to the seller charging the tax Do not send this form to the State of Colorado This form is not for organizations to request certification of their tax exempt status Direct payment required Purchases must be billed to and paid directly by the funds of the organization or agency in order to qualify for exemption Payment in cash (without a purchase order) or by personal check or personal credit card disqualifies a purchase from exemption even if the purchaser is subsequently reimbursed Purchases made on credit cards issued by the organization, but where the cardholder receives and pays the bill and is subsequently reimbursed, also do not qualify for exemption Reimbursement disqualifies exemption If the organization or agency will be reimbursed, in whole or in part, the purchase is disqualified from exemption For example, the purchase of food for a banquet for which the organization sells tickets as a fundraiser would not qualify for exemption Disputed tax must be collected If there is a dispute between the purchaser and the seller as to whether tax applies, the seller that collects the tax must give the purchaser a receipt showing the tax collected The purchaser may apply to the applicable municipality directly for a refund by filing a Claim for Refund form along with the appropriate documentation Signature required. The individual making the purchase must sign and date the form at the bottom A separate affidavit is required for each transaction General purchaser or store information may be completed in advance and kept on file by the seller or purchaser for ease of use Purchaser Instructions Purchase details Identify the accurate qualified exemption reason and complete the required information for that exemption Purchaser information Print the legal name of the organization or agency Governmental agencies should include both the name of the government and the department or agency, for example, US Department of Transportation, Colorado Department of Education, or Adams County Human Services Abbreviations such as "Dept " are acceptable but do not use acronyms List the organization's or agency's mailing address, municipality, state, and zip code Declaration of affiant The individual making the purchase on behalf of the exempt organization or agency (the affiant) must complete the declaration Separate form required A separate affidavit is required for each transaction For ease of use, Purchase Details and Purchaser Information may be completed in advance and the partially completed form kept on file by the purchaser for completion at time of each transaction Signature You are swearing, under penalty of perjury, to the accuracy of the statements made in this affidavit Carefully read and ensure that you understand each item before signing this affidavit After reviewing the form for accuracy, sign and date the form Furnish this form to the seller Do not send a copy to the State of Colorado Seller Instructions Sellers have the burden of proving that a transaction was properly exempted If an exemption is subsequently disallowed by the State of Colorado, you (the seller) could be liable for the tax plus penalties and interest This form is provided to help you determine if a sale qualifies for exemption The sale is not exempt from taxes simply because this affidavit is completed The responsibility for proper collection of taxes remains with the seller You are encouraged to obtain this form for each transaction and complete all of the information in the lower Seller Venficafion section (continued on next page) 1 Instructions for State of Colorado Affidavit of Exempt Sale (continued) These instructions are specific to the State of Colorado in which this purchase has been made Qualifying for an exemption may be different for each local jurisdiction, and these instructions are not intended to set forth the requirements of any local jurisdiction Resale/Wholesale transactions — To qualify as an exempt purchase for resale or wholesale, the items purchased must be reasonably deemed to be for sale in the ordinary course of business of the purchaser For resale/wholesale transactions the seller is required to not only collect the applicable license information, but to exercise sound judgment and a reasonable amount of skepticism to ensure the items purchased are reasonably for sale in the purchaser's ordinary course of business For example, a restaurant would not be allowed to purchase dish soap for resale because restaurants do not sell dish soap in the ordinary course of business, but rather use the dish soap in the operat on of the business The affidavit needs to be completed in its entirety Be sure information is complete, accurate and legible Review the information, and particularly verify that the driver license number and purchaser's name are correct Also, be sure that the digits that are required from the credit cards are correct Only record and keep those digits from the credit card that the affidavit requires The signature of the purchaser should be the same as on the driver license Sellers should review guidance on accepting government credit cards. Not all cards qualify for exemption, even though they bear certain characteristics of exemption See FYI Sales 63 for more information Collection of this form does not provide a safe -harbor from disallowance by the State of Colorado Retain this form for at least 3 years State of CoBorado Specific Instructions Charitable & Religious Organizations — The State of , Colorado provides an exemption for organizations that have been certified exempt under 501(c)(3) of the Internal Revenue Code A Certificate of Exemption is issued to the organization when granted exemption by the Colorado A copy of the Certificate of Exemption should be retained with this completed Affidavit For organizations located outside of Colorado, a copy of the letter from the IRS certifying exemption as a 501(c)(3) organization may be accepted in lieu of a State issued Certificate of Exemption See FYI Sales 2 for more information Government and Diplomatic Exemption — Please see FYI Sales 83 for information related to government and diplomatic purchase exemptions Wholesale/Resale Transactions - A copy of the State Wholesale or Retail License should be retained with this completed affidavit See FYI Sales 1 for more information Out of State Exempt Entities — This affidavit may be used by an out of state chantable organization or government entity as long as both of the following are met Payment is made from the organization's funds and no reimbursement will be made to the organization through direct payment, collection or donation from any person(s) for the use or consumption of the goods or services, and The items or services purchased are used in conjunction with the organization's regular religious, charitable, educational or governmental activities See FYI Sales 3 for more information 2 Hello