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Home My WebLink AboutWAGNER EQUIPMENT - CONTRACT - CONTRACT - GOVERNMENTAL LEASE AGREEMENTrev. 6/05 oil WAdNEEquoififilmd Cm MAIN OFFICE DENVER, CO GRAND JUNCTION, CC DURANGO, CO PUEBLO, CO HAYDEN, CO BURLINGTON, CO (Ag Sales) (303)739-3000 (970)242-2834 (970)259-2001 (719)544-4433 (970)276-3781 (719)346.7880 GOVERNMENTAL LEASE AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON Social Security No. THE REVERSE SIDE HEREOF, WHICH ARE PART OF THIS AGREEMENT: Federal Tax No. CITY OF FT COLLINS KEN MANNON 970 221 6894 Lessee Customer Contact Customer Phone BUSINESS ADDRESS PO BOX 580 FT COLLINS COLO 80522 PROJECT NAME & ADDRESS EAST VINE STREET SHOP FT COLLINS STREET CITY CNN STATE OWNER/GENERAL Equipment Value: $ Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO., AGREED ITEMIZED CHARGES hereinafter called the Company or Lessor, the following equipment: Rental MAKE CAT MODEL 966H Wagner IYES I Delivery SERIAL NO, Customer STOCK NO. 405924 Return Charge To be used at or near FT COLLINS Physical Damage Waiver % City Sales Tax City LARIMER COLO County County State RTD ON THE FOLLOWING TERMS: (All Rental Equipment F.O.B. Wagner Equipment Co. Yard) State 1) For a tens of 12 lSMM Tax % commencing the day of IBALANCE DUE 2) For the rental of $ $3,900.00 Per month (plus taxes) Payment Attached I JUCC-1 Attached $ Per 3) Additional Terms: A. Lessee agrees to pay an additional rental payment of $ $39.00 for each hour in excess of 1200 hours equipment usage time in any 30 consecutive day period. In the absence of an overtime rate, overtime will be charged at 1/176th of the monthly rate for each hour's use in excess of 176 hours in any one 30 consecutive day period. B. Tire wear (if applicable)will be charged at the rate of $ per 1/32 inch of wear per tire upon retum. C. In the event of subsequent purchase of the unit, rental interest will be calculated at % of the original value of the machine for any month within which the rental payment is received within ten days of the and of the rental period. Rental interest for all other months will be charged at % of the original value of the machine. PHYSICAL DAMAGE WAIVER D. In the event that this machine is returned to Wagner Equipment Co. before the guaranteed rental period is completed, the rental rate will revert to $ applicable taxes. E. Purchase Option end of first year F. Purchase Option end of second year / month plus CUSTOMER AGREES TO PROMPTLY ADVISE THE SALESMAN IF THE UNIT IS MOVED TO ANOTHER PROJECT AND TO PROVIDE ALL NECESSARY INFORMATION REGARDING ANY CHANGE IN LOCATION. SALESMAN PHONE p LESSOR: By: DO" AGGE� rY Dale: 12/12/2006 LESSEE: By 3ae� �/� j� Rate: I 0 (o T— mter must elect A. or B. by signing below. Renter elects to purchase physical damage liability liver from Owner on me machine retail value of at a rate of cable rental period rental rate or a minimum A deductible of $5000.00 applies (see DAMAGE WAIVER on reverse side.) Renter declines physical damage waiver and will cover machine retail value of $272,0311 providing hislher own all risks insurance coverage. ie INSURANCE on reverse side.) See Page 2 for additional terms and conditions. Page 1 rev. 1/05 PART I — SALES AGREEMENT —ADDITIONAL TERMS AND CONDITIONS (Colorado) 1. As used in this Agreement, the terms (a) "Sealet' shall mean Wagner Equipment Co., (b) "Buyer" shall mean the party executing this Agreement as such on the lase4xasi `Goorls''shall amitthe ime4assof iolzase.36e-calyamtmetier 3hiFRhea'-as 4 "Manufacturer shall mean the entity that manufactured the Goods, it being understood and agreed by Buyer that Seller is not the manufacturer and is in no respect the agent of Manufacturer, and that Seller and Buyer are the sole parties to this Agreement. 2. Manufacturer reserves the right to change the price to Seller of any new Goods without notice. In the event the price to Seller of new Goods of the type ordered hereunder is changed by Manufacturer prior to delivery to Buyer, Seller reserves the right to change the price of the Goods to Buyer accordingly. Buyer agrees to pay the changed price and agrees that this Agreement shall be construed as if the changed price was originally inserted herein. All amounts specified in this Agreement shall be due and payable in full at the time of delivery. 3. Manufacturer reserves the right to change the specifications of any new Goods without notice and without obligation to make the same or similar change to any Goods previously purchased by or shipped to Seller or being manufactured or sold in accordance with Seller's orders. In the event of any change by AGMVhaeutrar,Sep!{arskr6l ueaeaa4ialp ere 8a ar4eaadre�te.fax®eersatsibr�nagesa�aylian.dr:aax by4k et�geaeraut,aislar+4aSsseatx&az delivery thereof to Buyer. 4. Seller shall not be liable for failure to deliver or for any delay in delivering the Goods where such failure is due, in whole or in part to any cause beyond the control of or without the fault or negligence of Seller. 5. The price of the Goods does not include sales or use taxes unless expressly so stated. Buyer assumes and agrees to pay, unless prohibited by law, any such sales and use taxes imposed on or applicable to the transaction covered by this Agreement. 4 MANUFACTURER'S WARRANTY. FOR NEW GOODS SUBJECT TO A MANUFACTURER'S WARRANTY, THE MANUFACTURER'S WARRANTY SHALL BE THE ONLY WARRANTY APPLICABLE TO THE GOODS SELLER HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR J%aLVD L 7. USED GOODS WHETHER OR NOT SUBJECT TO MANUFACTURER'S WARRANTY. UNLESS A SEPARATE WRITTEN INSTRUMENT SHOWING THE TERMS OF ANY WARRANTY OR SERVICE CONTRACT IS FURNISHED BY SELLER TO BUYER, USED GOODS ARE SOLD "AS 1S" WITH NO EXPRESS WARRANTY OR GUARANTEE. SELLER HERBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR I31tPLiED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE R BIUYERSHALLNOTBEENTI7LEDTORECOVERFROMSELLERANYCONSEQUENTIALDAMAGES,DAMAGESTOPROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES 9. Risk of loss passes to Buyer: (a) when the Goods are shipped to Buyer by carrier, (i) if the carrier is not required to deliver the goods to a particular destination, the risk of loss passes when the Goods are duly delivered to the carrier, but (ii) if the carrier is required to deliver the Goods to a particular destination, the risk of ]eet,¢sacas area ikeC,ae�dr.aseded9faada>»daatrt.ar�bielha 8uya Eo mkede7i�i; auri(la) iaailetkersaoee,3lrask.a€Josr+�¢sf�i¢�ea�saaaip! of the Goods or on tender of delivery to the Buyer by the Seller. 10. Unless otherwise specified on the face hereof, all Goods shall be shipped F.O.B. Aurora, Colorado. Delivery by the Seller to a carrier shall be delivery to the Buyer. Any claims for shortages in shipment shall be made within fifteen (15) days after receipt of shipment. 11. Sales of Equipment. "Notice is hereby given that Wagner Equipment Co. (WECO) may assign its rights to sell this equipment (and to purchase trade-in property, if applicable) described herein to Wagner Exchange LLC." 12. The invalidity or unenforceabdity of any term, phrase, clause, paragraph, provision, section, article, restriction, covenant, agreement or other provision of this Agreement shall in no way affect the validity and enforceability of any other term, phrase, clause, paragraph, provision, section, article, restriction, covenant, agreement or other provision or any part thereof. 43, d'4he.putties. A(rproasieaef�isAgree tauuyiea ,tea final wrxakad atuixed�r otherwise changed except by a written instrument duly executed by Seller and Buyer. 14. If Buyer has requested Seller to provide financing for the transaction covered by this Agreement, this Agreement is subject to foal credit approval. 15. This Agreement "it be construed in accordance with the laws of the State of Colorado, and any action in connection with this Agreement may be properly brought, at the election of Secured Party, in Adams County, Colorado. PART II — PURCHASE MONEY SECURITY AGREEMENT Y. Grain 615eca ftlateresi. Buyer, as Debtor, grafts m the Seller, as Secured Patty, a security mterest in the t^oorls sold, including all accessions, parts, accessories and attachments thereto, and all proceeds thereof, in order to secure the payment and performance of the price obligation of the Buyer as set out in Part I of this Agreement (Sales Agreement). Buyer hereby irrevocably authorizes the Seller at any time to file a financing statement to perfect the Seller's security interest. 2 Cd1uWrL AwMeAis&edieadsrhat] ue said includiugall�� aes�series and attachments thereto, which are described in Part I of this Agreement (Sales Agreement). 3. Obligation Secured. This Agreement secures the Buyer's payment of the price of the Goods purchased, as set out in Part I of this Agreement (Sales Agreement). 4. Covenants. Buyer will keep the collateral free at all times from any other claims, liens, security interests and enetunbrances, and will not, without the prior written consent of the Seller, sell, transfer or lease any of the collateral. Buyer will keep the collateral in good condition and will protect it iromloss, damage or deterioration from any cause. Buyer has and will maintain at all times with respect to the collateral, insurance under an "all risk" policy, containing an acceptable loss payable endorsement in favor of the Seller. 5, Dellault. The following shall constitute an event of default under this Agreement; (i) any failure to pay when due any obligation secured by this Agreement (ii) any sa perfasm at abserve fidly and ma sausfuesory momier, say same cilia Agreement; (iii)any less, dwkds ardesZmGiun i@the collateral; or (iv) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency, readjustment of debt or receivership law or smote is filed against the Buyer, or the Buyer makes an assignment for the benefit of creditors. 6. Remedies. Time is of the essence. In the event of default, the Seller shall have the fight to declare the entire indebtedness secured by this Agreement immediately due and payable. In the event of default or acceleration, the Seller shall have and may exercise any one or more of the following rights and remedies, which are cumulative and may be exercised in any order: (i) all rights and remedies upon default, in foreclosure or otherwise, available to secured parties under the provisions of the Uniform Commercial Code as adopted in the State of Colorado, as amended, revised or replaced from time to time, and other applicable law, (ii) institute legal proceedings to foreclose upon the security interest, to recoverjudgment for all amounts then due and owing, and to collect the same out of the proceeds of any sale of the collateral; (iii) institute legal proceedings for the sale of any or all of the collateral; (iv) personally or by agents, enter upwany premises d tale possemon of � collwAral, and without being aspansible for Ines or damage �saehsellataal, hold, sell or WA disperse. of the tuNatea! at one or more public or private sales, at places and times and on terms and conditions as the Seller may deem fit. Buyer also agrees to cooperate with the Seller in its right to take possession of the collateral, including but not limited to, an obligation to assemble the collateral and make it available to the Seller at any place which is reasonably convenient to the Seller. 7. Other Provisions. (i) Buyer agrees to pay all costs incurred by the Seller, including reasonable attorneys fees, in collecting any amounts owing to the Seller or otherwise enforcing this Agreement. (ii) The indebtedness, and any other amounts owing under this Agreement that are not paid when due shall accrue interest at the rate of 21%per annum until paid. (iii) This Agreement shall be governed and by and interpreted in accordance with the laws of the Sate of Colorado. (iv) Buyer agrees that venue for any action brought under this Agreement shall be properly in any local, sate or federal court located in Adams County, Colorado. Customer Initials Date Page 2 Record for: 966H ID# 405924 Asking Price 371,427 Machine Specification Reference Number Oty Description List Price 2831083 1 966H WHEEL LOADER (SW) MA5 333,670 2369094 1 RIDE CONTROL, 2 VALVE 0 2369129 1 REMOTE, PRESSURE TAPS 0 2371013 1 RADIO, CB (READY) 0 2374908 1 RECEPTACLE, STARTING 0 2461921 1 COOLING, HIGH AMBIENT 0 165-6178 1 26.5 R25' VMT BS L3 ID# 407172 6,260 2443599 1 LIGHTS, DIRECTIONAL SW 885 2801456 1 LIGHTS, CAB 1,265 1194376 1 GUARD, POWERTRAIN 1,440 2461058 1 SEAT BELT, 3" WIDE 0 1312633 1 SUN VISOR, FRONT 111 1976474 1 MIRRORS, EXTERNAL 493 2844739 1 RADIO, AM/FM CD PLAYER 555 2431938 1 SWITCH, F-N-R SW 585 2509969 1 FENDERS,FRONT & REAR EXTENSION 1,000 2462689 1 HEATER, ENGINE COOLANT, 120V 303 1914460 1 B66-5.25 BUCKET W/TTH & SEG 16,960 2430376 1 INSTRUCTION, NORTH AMERICA ANSI 0 OP3380 1 INSTRUCTIONS, ENGLISH 0 2801098 1 CERT EMISSIONS, EPA 0 OP5203 1 EMA 0 OP0311 1 TRUCK PACK W/OUT TIRES 0 NP-0000 1 DFPW/$7,900.00 7,900 1 OP0716 0 Total Machine List Price Contract Information Contract Number Customer Name Sales Rep Name❑o�f��[7I7LCJ��C��C7C[7ut7�Cl��C7��LO�OLC� ❑ Machine Information Serial Number Comments Division GENERAL LINE Date Available 12/21/2006 Ship Year Location Age 0 Store Number 00 SMU 0 Location Description Family/Product Type MED WHL LDRS 980-938 Configuration Desc 966H WHEEL LOADER (SW) IT62 IT38 MA5 Serialized Attachment Information Related Driven ID Number Attachment Type Attachment Description Warranty Start Date Expiration Date End SMU Deductible I Delivery Date Description 0.01 1 0.00 Machine Notes "NOTICE IS HEREBY GIVEN THAT WAGNER EQUIPMENT CO (WECO) HAS ASSIGNED ITS RIGHTS TO PURCHASE ANY RENTAL EQUIPMENT DESCRIBED HEREIN TO WAGNER EXCHANGE, LLC." Reservations Type Sales Rep Start s Explr es Comments