HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - CONTRACT - PURCHASE ORDER - 9125194 (2)WAGNER EQUIPMENT
LESSEE: CITYOF FORT COLLINS
'A Political agency or subdiv isiun of the State of Colorado"
ADDRESS: PO BOX W
FORT COLLINS, CO W522
GOVERNMENTAL LEASE OCHASE AGREEMENT
Lear. Number: 42001
Dated as of October 27, 2011
LESSOR. WAGNER EQUIPMENT CO
ADDRESS: 18000 SM EEH ROAD
AURORA, CO LORA DO 80011.3511
Lessee, in reliance on Lessees selection of the equipment described below ('Unit' or-Umts'), agrees to acquire, lease, let and sell the Units to Lowe, and Lessee agrees to
rent, lease, hire aad purchase the Units from Lessor
Descripuian of Unia(s) Serialk
CATERPILLAR 140M2 MOTOR GRADER M93(i
Payment Schedule attached,
Lease Term: 36 months
PAYMENT PROVISION: Turfy-six(M) equal consecutive monthly payments of 52, W0.00 commencing October 27, 201I. The customer has the option to
cream The equipment after IL 24 or months.
ADD1"1'IONAL PROVISIONS;
TERMS AND CONDITIONS
RIDERS:
NONE
1. LEASE TERM; NON -APPROPRIATIONS: The Lease term for each Unit shall commence on the date Lesseeor its agent receives possession or takes control ofthe Unit,
herein referred to ss the Delivery Date, and shall continue through the last day of Lessees Usol yes, in which the Delivery Date occurs and, thereafter, shall autommically be
extended for suceasive annual periods coinciding with Lessee's fiscal yam. Lessee shall axe am, and deliver to Lessor a Delivery Supplement using Lessors standard form.
In the went no funds or insufficient funds are appropriated and budgeted or are otherwise not available in any fiscal year for payments due under this Lease, Lessee will
immediately notify Lessor of such cut. and this Lease shall terminate on the last day of the fiscal year for which appropriations were received without Penalty or
expense to Lessee, except as to the portions of payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available.
Nmwitlaxmnding the foregoing Lessee agrees that to the extent Permitted by law, u will not cancel the lase under the provisions of this Section I if any funds are
appropriated to it or by it for the acquisition, retention or operation of the Units or other equipment performing functions similar to the Units for the fiscal year in which
termination occurs or the next succuiling Itsal year.
2. PAVM ENTS: NET LEASE: Doing the Lase arm, Lessee shall pay to Lessor rent for each Unit as seated in the attached Payment Schedule and according to the above
Papnent Provision. An amwnt equal to one payment forall of the Units must accompany this Lease. If Lessor accepts and cxcvwm this Lease, said amount shall bcapplied to
the first payment due. If leaser does not execute this lease, said amount will be ramnM m Lessee If Lessor does not receiver payment on the date it is due. Lessee shall pay
m Lesoq on dernunQ a late payment charge equal to fie Isser of five pacmt (5°.0) of the paymont not paid when due or the highest charge allowed by law, wfii<haa is less.
This 1. is a net I. . and Lessee shall rat be entitled to say abateraut out reduction oI payment or any setuff against payment whether arising by resson of any past
present or future claims of aiy nature by lessee against Lessor or otherwise. Except as otherwise expressly provided herein, the abligatias of Lessor and Lessee shall not be
affected by any defect in, damage to, loss of possession or use of any Unit, hossesar caused, by the attachment of any lion of other claim m any Unit by any bucrfaace with
Lessees use of the UmL or for arty other eswc, whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding.
3. DISCLAIMER OF WARRANTIES: Lessee acknowledges and agrees that Lessor is not the manufacturer of the Units) and that Lessee has selected each Unit based on
Lessee's own judgment without any reliance whatsrever on any statements or representations made by Lessor. AS BETWEEN LESSOR AND LESSEE. THE UNITS)
ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTIES OF ANY KIND. LESSOR HEREBY EXPRESSLY DISCLAIMS e) ALL WARRANTIES OF
MERCHANTABILITY, b) ALI, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND c) All, WARRANTIES AGAINST INFRINGEMENT OR THE
LIKE. Lessor assigns to Lessee its interest in anv ofthe manufacturers warranties on the Units(s).
4. POSSESSION, USE AND MAINTENANCE: Lessee shall out (a) use, operate, maintain or store any Unit improperly, carelessly, unafely or in violation of any applicable
law or regutation or for any purpose other than in the conduct of lessee's busintss; (b) abandon any Unit, (c) sublease any Unit permit the use of any Wait by anyone aher
than Lessee, change the me of any Unit from that specified in the attached .Application SurveyNsage Rider, or change the location of any Unit from that specified above
without the prior written consen of Lesson, or (d) sell, assign or transfer. or direct, or indirectly crate or, suffer to exist any lien, claim, security interest or encumbrance on
any of in rights Meander or in any Unit The Units are and shall remain Personal property irrespective of their use or manner of attachment to ralry. Upon prior notice m
Lessee. Lessor m its agent shall lure the right (but not the obligation) to all reasonable times to trainees any Unit and maintenance records relating thereto. Lessee shall, at its
cepeme and at all times during the Lase terns, maintain the Units in good operating order, repair and condition and shall perform maintenance at least as frtquently as set forth
in anv applicable operators guide, service mor ml, and lubrication and maintenance guide for the Units. Lessee shall not alter any Unit or affix any accessory or equipment to
any Unit if such alteration or addition would impair the originally intended function or we or reduce the value of such Unit. Any alteration or addition to any Unit shall be the
rapomibiliry of and at the sole risk of Lessee_ All pans, accasona and equipment t1f.ed m any Our shall he uhteel to the seeura, mrerest of lcsm g-.red hereunder. If
Leese, supplies Loss. with labels sating that the Unit is lensed from lessor, Lessee shall affix and keep them in a prominent place on the Unit.
SEE REVERSE SIDE,] FOR ADDITIONAL TERMS AND CONDITIONS
LESSEE ACRNOWLEDCES HAVING RECENVE11 A FULLY COMPLETED AND EXECUTED COPY OF THIS AGREENIF.NI'
Lessee: CIT FNY)R'I'C/O�LhINS� Lessor: WAGNER EQUIPMF,N'L
By �L
Iiame (PRFNl)v (]}HNgi �J. ®00U,Name (PRINT) Vicki Sayre _
IQ<I :jykq Wu,,Title Financial Services Mound
Date§ h e, Date 10/27/11
.Tco-ee,=— ud lm.rxclw xPsaea
Vetem tl M116au.
5. LESSEE'S REPRESENTATION AND WA -3
IES: Lassa mpreamm mad .amms m Lessor that (a) Lere is if fink mnnimte -`v- al subdivision or .gem: cloth organimd and
exLning under the Comomlim am uxs of the Hale Cher, the Units will be located: IN lxssm has due paver to cnmr info mil perfomr this Lease and has taArn all nee s m and appropriate ration to
urMoriaa the ...c.wra deliver and perforri hacar. (.),his lease c uremanes a valid and Icgall, binding and rant eable obligation of Lessee: UB the mtcni ptrouble b, L. hcmwd. is
escWd ble fmm .name for Fakml income amlian purisci punmum to Section 10.3 of the Internal Revenue Cade, of 1956, as sec mded ithe'CoM, ): and (If Lessee has m ole,asf foppro ou,ims o,
atba funds available Ina pa,ell ...is due thaemda for Be current fsswl )ear and «mo mi, Isdim,s that fords cm he obtain d suRtcimt to make of pmme.m during the term of this [am..
1. represems dam Me use a de Units is essential at Lessee's proper, elfmiem and ecmwrnic upentown lases acknm.ledges and forces that the pa}menu have beer calculatal b, Lessor
in6 that the im.oaL portion Feach payment is a ImIshle Form pros income for Federal income Ice aan purpose. Lass relveuma, xmmms and covenants due (a) Lesser nil] camph out,
the inf mrmim morning mqui«meom of Sanorr ]ar$e) of the Coda as the same .. be amended from time to time, and such complisoce shot] Irduda but mat h banned m the cucmon of
information ammena requested by lessor. (h) Le uill net door eau. to he done in) act which not cane or by omission of any.1 allow; the Lease at be am mbiag, bond x ohin the mmnin,
of Section 14MU) or Me Code. (e) Lessee mill not do or cause to he dine am It uhieh . ill cause, or by mrosian of any au rU.,, this Lease a he a h,.a actisiw head oidin Ora mcating of
Scc.. MUM ofihe Code: Uo Lessee xdI timely par w me cacm of a,aibble fund, amounts n'qui N to he rebated In de United States pursue* to Section IIN(1) vide Codc: (c) Lc,.e will not
do m rat se if be done or, eel xhich wit] cause. or be...a. or.,, as allau, the interest porimu of de payments to be or became includable in mass me. fro Federal income tamimi trusses
and. the Code and (D Laser ill be Me radiative evall use and opamor of the Uniu. Ls ce shall provide to lessor to opinion ofcoun.l subsmmwjk In the f rm arached hereto
a. TAXES: Less,. agrees m prrnpl, par oreimburse Lester far all fees and ,a,a, of tar1 r maa. mlcdua .id am paxilm. Fines or additions 1. 1st or imt ag Micros. (A] of Me f na arm,
h.affen Me'Jecoar Beni arising al an. time prior roe Main, or wbmyueni to the Lase term and levied b, any taring aumumity .iM respect War in connection "no an. Unit- excludtvg, hex e.cr,
msa arm-- by I., not income laf but nee c:cIWM, an, . in term m,css xhich, b, Me tam of Me same imposing such ta,, expnea]c alias a Lasec of Lessor from the payment of an.
Impositions which Lessee.cult oMen.ise be oblim ed as par, or madsmse). If Lesaar is nor emidd ,a a .rreapmding and equal dedumian . ids mspC11. am hnposido. xhich Lessee is reGui¢d
or pay r rcimbaroc tail such pO'meal or rtimbmwmen( crdmomc, ins. m Laser den Ln stall abut pay m Lessor de amount of any Impositions xhich Lessor is obligated to pa, in raR'et
off.) such p,i ma orrnmbwrame., by Lessee and (b) am' pmfuen, bo Lenme made pu.smt to this .mince. L,. shall prepme mal File. in a rammir smbfanr) m L v r_ suns reµxas. Ntnms
uhkh roc) be ratfunW .virh respect to de Units. Fe purposes of this Sction.'Le,mr shall include am spooned group. xohin Me memi., Of Section Iy01 of de Cock. of xhich Lessen is a
member for suns seta in vvhkh aemecodated neanhircd'me. as, rerun is fled ford, vRlimed ,map.
T. LOSS OR DAMAGE; INSURANCE: I<ssce assumes all reds and liabilities of los, damage or Co.],, (r<o,v,.a (m h«uuhe, der ed) far an, cam. vilmsxncr. far condemnation of env
Lou prior It, during or sutaequeot ro (aul due Unit is «named or L error parsuam to Salion 10) Me Lease lair and for i.jur, 10 or dead of ant person or damage to any propmv in
sing out of. incidem to the possessor. ... oemfioq condition of.,.,a ufthe Unit. If., Unbs]ome, damaged, f ram muse xhm.,c,Ix.e shall five lasaorp,rrp ratite thcrcof.
If laasea rea,vai dctenuines dal such damage is man reparable, den Lcswa shall, at its cspcn., pacri resmre de Urn m the condition required by Salina q ova,,, It an, Unit Ieeomcs unm
our lost- stoke, dmnuyed or irrrpmbR daveamd (as .aami detemrined In Lasop from sm b mci or taken I, condnmm.um in wherui,a an, such occurrence hereafier n
'Camalp Ocemrenec') Prior to, during or subi,qucm ro ounul de Unit is renamed to Lessor pwsrent to Section IB the [ma. farm Lea., shall give Lessor mmN notice thereof In on, oem of a
Croodo Occurrence. Lessee lull WT In Laos on de mdier of (a) the Finn pmmemr Jam fall.on, such Cmualry Ocet name or (b) thin, (10) days folloxing, ch Casuahy Oc.oeavice, a an (oche
-Temimtmry V.I." equal to h) de "Beginning Dalisme I. 'readied in the attached Pu rom Schedule) as ofthe nevi pa,menl due follox ing such Cas h, Oecufmmm, plus ( b) the amount of
Me antenna panioo(as specified in the Pmmm,Schedule) ofthe fro. Ivymem due fallnxing such CawalnOcrmrcrce multiplied In a fmcrion Me nun.mor of trich is Me numbervfda)s from the
hear of (a) Mc Delve. Data of de Unit or (b) de due due M the par, man, imnadimd, preceding such Caned. Occurence ..,it Be due date of the payment due hermode, in rcs c,, of such
Cauoln Occurrence and de derominatr of uhkh xv 3W Lessee, at its expense. shall keep each Ifnil insured so aD asks for sot less that, the apphrablc Regir..inu Hnbnce with oa p ,,a such
Urd, and shall create comprelsmai.e NMIk liability us-uana covering each Unit Car not less Iran SI 000101 fat, e.mbined <., c,,, for bdlh no. and popem damage. All irtsumrss shall roc)
b: in a farm and xith such raafania as Low shall approve, Uo specify Lessor in, its dsigaea) and less as named insureds. U) h prima'-, xitbout right of <amribmb. from vim more,
imuamlec carried b, Lessor. (d) poside Bar such inmmnce ma, sup be conalled r soared a m m affect the immnert of lasw.imamt a, lam Miry I M, 6,s' rar or oast It. ro Lessor, and Fie)
mart: Lessor (tar as desi,tec) a less payx and be payable sukh to Lessor. Lest apt m rw,if, Les., of a., pxmr,.co \. hich era, became the bmis of an insurance chain herevder and rot to
male an, adrvsunrnu Hid Insurers .urea, Lassies prior .'mart I..,lass hercln. ine,ecahl, sup, aims Lasso i,, arena,-in.fa, to receive M tomt of anal etdwac ill checks and oche,
tlmunte s end m tale am sorer nations assi to pursue itamm.e cairns. Prior to the first wit, a.v Data of an, Unit taace shall delis cn m Lessor satodfs. avidmcc of such insomnc<
oserage.
g. WAIVER AND IN DESINITY: TO THE EXTENT PERMITTED BY LAN', LESSEE IIERF.BY AGREES TO RELEASE. DEFEND, INDEMNIFY AND BOLD HARMLESS LESSOR.
ITS DIRECTORS. OFFICERS. E51PLOYEF_S,AGENTS AND ASSIGNS FROM AND AGAINST AM CLAIMS OF LESSEE OR THIRD PARTIES. INCLUDING CLAIMS BASED
UPON BREACH OF CONTRACT, RR FACR OF WARRANTY, PERSONAL INJURY, PROPER rl- DAMAGE, Sl'RICT LIABILITI' OR NEGLIGENCE. FOR ANT LOSS. DAMAGE:
OR INJURY' CAUSED BY OR RF:IATI.SG I'U TIIE DESIGN, MANUFACI VI E, SELEC.TION. DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR
REPAIR OF ANT UNIT. F'UR'1'L(ER, LESSEE AGREES TO BERESPONSIBLE FOR ALL COSTS AND EXPENSES. IN(: LUDING REASONABLE ATTORNEYS, FEES.INCURRED
BY LESSOR OR ITS DIREf:'1'ORS. OFFICERS, EMPLOYEES. AGENTS AND ASSIGNS IN DEFENDING SUC,11 CLAINIS OR IN ENFORCING TIDS PROVISION. UNDER NO
CONDITION OR (:AUSF. OF ACTION SBALL LESSOR BE. LIABLE FOR ANY LOSS OFACFUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL. INDIRECT
OR C.ONSEQUVNTIAL DAMAGES.
9. EVENTS OF DEFAIII:T: REMEDIES: patch of the following shall constitute an 'I:xc. of Ocl'anh' hereunder (a) Lt. dealt fail m make an, pmmcut to Lessor xhm due: S) am
om esmsawm or wmwnw of Lessee canained hi min arm am doctmad f.umd,cd m Liror in co.re.ion h reoid, shall h: inmr.cl or moleadin,,vtom made; let Les ac shall tail or ohene or
won. tam, ocher covenm,, eg«rncna r.anan,y nude b, Lessee hcrcuraderand each failure shall conunuc for ins (10) days aRer \uniten notice thereof m Lessee: fd) Less a shall fail to nuke any
M. on as banded i slebMhRsa ashen due: or (0 there .lull be a dcfauh by Leas under m, Halter if ¢_.f r brume Les, and I. .c. If am Evem of rhTmh shall pour. Lessor, a1 it,
IF, ron, na, (to prtrad by aMopria. coon action(s) to finance this Lnme or to recover danaagm for the bfesch Merc.f. M) M notice to xrom, u, I<cec. fmm .,ne this bra, but Ienm shall
man liable as lcraimafn provided. anal the. upon Lease ,. o satf th opion do any one ou mane of Me follimmi, (M ram 1, . fnnhoith ton, Its, p) an, erd dl under
ammsmts den due der this
Le. or which tam ha.e acercd m de due orsvrh temsi,aviou. Vi) as dvnaBes tar loss of the baryon and not is a paruy, a sum rgwl m the payments doe aid rs,xam aide,
UniD sued additiarul
xeonp dwinB M« baurce of drc fiscal'cu_ and (iii) my addoimal damages and epees msaimal b, lasmr b, rea, of die breach of my mvI.. teprcuntsm n r oarmo. ImminM in this
Lease otter date for da paymem of ern M due hencundcr: Us2) a'eforc,; the saa,i„ i.ma, gisen herewda. ry;) xiMom Hooke. liability or kDal pocess, mar upon do premims w herean, a
Me Units or additioal sauriry tan be nail take possessim thnmf. sued (bJ) rePrue Ias.e Fier «wee Me Units a.d lddripul securho as pros id,J in potion tolot, shall have ill vfdm,,os n m a
Hawed pat' In bx. Provided Lessor mceiacs possum of de herb and additional sxnrify folln. m, an Evenl of Droo.h. Lever my, a ifs oplian. u.denake commemidk r..bla effort to
tailor .-lase theVfdo and additional saudp. amf sh-. pucmd arm% such Sala m rcda. shall be nPplied: firs,. to mimbm. I<s, for all reasonable mprnsa of makMS holding. pmpming fur
alc r ne-Tessa and salting., rt Imsi.g nhe Units and addiu rml .curie,, including all Ivxe, and reaamabe amrnq % fees and aspen.,: accord, to Me estam not p e, sim h paid b, Lessee, far pm
Lesson, all smomm, eccepl dose specifsW bdox, xhich ardor de mma of tois lease arc dr. or have accrued as a de dam of (fume's racc of of said prwecds: Mrd_ m pay all laic pm men, chu,es
p.rsrmm, at Seen.. i hereof, and fo mh. 1. or, Lear, Me applknbl Termination Vakc x no res,N, ,, the Units. An, surplus shall be to to Me person enthled lherao. Lessee shall pmmpd, ",
m M fi,woc, to Le,. Less acknms ledges Nat ale for cash or on credit to a uholemler, rear In at r of ehe Units arc all a mncrciall, mmnable. Iess„ ag«cs to W, all raasoruble
m,,', fro and ell cab and e,prnses ineuread In Lasser to enforcing on Lase. I he remedies herein provided s d1 be ...lmise and in oddronr m all oMe, rcmedic., al bx o m a,uJo i
provided, have r, I.e. shall nor be avoided 10 mover a grtmcT amount in damages Bean lefnn could have gained though Locums full, lintel, and complete pefor arm under this I eta, plus
all f es, coats and expnes incmml In laser M enfocin, this Leave ma all k« Pat train charge, W rsumt m Se.ioa 2,1f Lessee fails to parrot. an, of ifs abh,mcm, turner Ihis Lases. [,I,mr may
(het road nee) m an, time thntallm .f such olihmooa and Me expenses manorod in [onne<futn*vertu-iM deal I be pm able to Lesac upon demand.
10. RETURN OF US IT: Upon am, lamination of de ferm of this Lea. with respect on, each Um, If, if Lessor steal l nghtfnov demand Nso.s,ion of for, Urn, Lessee. m it, expense dial I Rmhoid
deli,ran ere U., in lea»,. ap,or,mr.ly qr. fed and in dx care itirn regti ed to S.,a. 1, at he up,.. of Lv,_. in, the pvirma, rat me ucvcu Cme,,ab, dark, cuing erryipmem of the ame
ope as Me Unit. or em bad such cantor as Lessor shall z,Ni and shipped, Me cur, rrei,m call.,L ro he de.iafiot dsigeumd b, Ledut. If the Unit is nor in the condition required b, Saran I,
Lsdee shall W, to I,essm. on damnnd, all nos¢ and evpansa occurred D, Last to bring the Unit into said condition.
11. REPORT TO IRS: Lessee will report this Lease to the forecast Revenue SanBeIn fling Tom adIBL. SflKG or 80I8 v.hlhmer is mpplicable. Failure to do us rill cause Dee Lease to lose
a- or, .,.N dmas. Lesae agrees ohm if ilea mppmNia. form o nee fled. he interest rme.i11 ra adlunrd,o m av,m- ant uvbk intcmf ate.
I_. TITLE, SECURITY "INTEREST AND FURTL ERASSURANCES: Provided (a) l wire has acceped each Uno omits deliver'date:(h) no I., en, of[kfauh a-.isr os of,heV iv,ry Date of
me Uml. me, m crab Unit shall ten i. le. on ibe Ueliven woof of Me Unii. provided, boom., ,hat m Mc,,m oo des lame is mminmcd D.,a am to Senior I hensf. or (ii) as Event of Def dt
has Occurred mal is mmium., tifk 1. 1he Um, shall morediaQk rr,cst In Lessor, free Of an, nght no, and inlrt„ of Lessec. unless Les., ale., when» as in writing. Uva hereto Farm In
Icssur a continuing secwih interest in dre Units. including all aachnumD, acee,arv.i and optimal fuwms (xhetber or mar instilled Merton) and all subnimuons, replrarn cirl. additions nand
acce,um, drrmw, and all procca& of all rf tM forepim, to secure she pa, mum ,fall auras one, [.case, \ado, at its expense, do an, fuller se, and esccuk. scknoxledec, deli,,,. fik, mgister and
,ecord am frrthei docunnens xhich Lessor tan' mmoabL requesf in order u, pmtee, Le,sa,.,wn, inter.. in the Unns and Isswr's right mal b,ntoo, under Mr, la.. Leusce herclo' ap,loo,
Lessor as Lessee's Anrm,-in-Far, for the signing and filing of documcnb mid amh... es lea, to delegate these Iimia'd you en
13, ASS K..NNIE:NT: COUNTE RPAR TS: The r,Mcc of Ls, trade, this Lema ma, be assigrred to Iasa, al any rime. If nmiftcd In Lcsmr lx,.e shall make all pax. mmu due under Met Lmw
or d4 pYn, dcuffir red I. Me naviee, a.m., of or it h wr. NO assl,nmeml of M., I an. M 0a, rl,ht M obl,,lrm urtatt n ma, be made b, 1e,>C_ .i hnon Me p,far .rule. erase., of Leaser.
This Lase shall be bi,alivg upon and Ismal , Lessor ford Les. and than mspec,we ermcttmrs and assigns. If this Ica. is ..,.ad It, Ice. far a ismi.ship r tam. the v 'Lou: shall
Meaecrorth mmn mad include me game Mi, or mat and shall elm include far purposes .-Seasons .;.a 6,7& g_ each parom, in or berafaimr of the perm p or rust Alosm h Multiple
reamer,aut a(Mis dsaaswo, arm, h,rend. oak Me coumerpan acu d, ackro.kdged and ramified b,Wmrc,F,mpmear Cis an the sigruude Page Barest Me original III[ mr.iafe migial
chamcl'per.
Ice. EFFECT OF WAIVER: No dclm or ormum of e, cka my right rnamed,'ac"mr, to Its, hamroh, shill impairam such righ, ofrmi nor shills M. construed on Le.'mace of an,
b.h or deMdt of Lessee Any vi or comcnf m L¢mr under this Lame noun be in sonar, sR'rificall,.: forth. Ibis Lease comp]eteh sales Me rights of La, and Lessee uith respect m Me
Units and .per.da all Nor i,mcemenm xith rasps, dr«m Time is of Me cacnce of Mrs la.. No variation r modifeanion of this Lame shall ba also unless in ormng sod signed b, Me
ando irN reNesrnmm'es Of Lcsw and Lessee. All ances hereunder shall be in .nting, addrcsSed to each pan) at the address sat foM m the front of this lase or or such other address as mu, be
famished u on ng. Iran, prm ism. rdi, Lea. that] he invalid under an, "pli.bl. bn, such m ision shall be der.W makned bathe raining pcoisioM shall be given effect All oblipin.
of Lessee miler die Ia. shill survive Me t,Dimliov or moomm m of Iris Lea. to Mc e,rem.quited fa, their fall obmnana and peormor ce.
15. GENERAL: This Leme shall he go,cnvad b, and crmsrued on&, Me bxs of Me Seek u here the Units are loea(M.
UTCO -fnmve mtllIvr-iLrhaw Apdvaq Yrrmis LI W,Ib_a/al
NON -APPROPRIATIONS ADDENDUM
to
FINANCIAL LEASE AGREEMENT
Lease Number: 4200E
between
WACNER EQUIPMENT CO
and
CITY OF FORT COLLINS
DATED AS OF October 27. 2011
Lessor and Lessee hereby agree to add the following provision to the Lease, and further acknowledge that all terms contained herein are to be
defined according to the provisions of the Lease:
Lessee represents and warrants to Lessor that Lessee has sufficient appropriations or other funds available to pay all amounts due hereunder for
the current fiscal year and reasonably believes that funds can be obtained sufficient to make all rental payments during the tern of the Lease.
Lessee hereby covenants that it will do all things reasonably within its power to obtain funds from which the rental payments may be made,
including making provision for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding and using its
bona fide best efforts to have such portion of the budget approved. It is Lessee's intent to make rental payments for the full lenn of this Lease if
funds are available therefore and in that regard Lessee represents that the use of the Units is essential to Lessee's proper, efficient and economic
operation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise not available in any fiscal year for rental
payments due under this Lease, then Lessee will immediately notify Lessor ofsuch occurrence and this Lease shall terminate on the last day of the
fiscal year for which appropriations were received without penalty or expense to Lessee for any kind whatsoever, except as to the portions of
rental payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. Subsequent to a
termination of this lease, Lessee shall have no obligation to make rental payments with respect to the remainder of the Lease. In the event of such
termination. Lessee agrees to return the Units to Lessor pursuant to Section 12 of this Lease, and Lessor shall have all legal and equitable rights
and remedies to take possession of the Units. Notwithstanding the foregoing, Lessee agrees that it will not (a) cancel this Lease under the terms of
this Addendum if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Units or other equipment performing
functions similar to the Units for the fiscal year in which such termination occurs or the next succeeding fiscal year thereafter, and (b) give
priority in the application of funds to any other functionally similar equipment during the tern of this Lease. 'Ne Addendum shall not be
construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to
perform essentially the same application for which the Units are intended.
LESSEE:
CITY OF FORT COLLINS
4Naine`.(PWNT)' b . Cl Ay t_L
;Title* `—a/��c=11-D/Z61—, pog—C.L-l6'(Sro.&.t�
C+'.
LESSOR:
WAGNER EQUIPNIE TCO
By,
Name (PRINT) Vicki Sa re
Title Financial Services Manager
Date 10/27/11
weco-ro.�tatmrwrchouAS t versionr.rwin✓mll
Attachment to Governmental Lease - Purchase Agreement
Dated as of October 27, 2011
Between CITY OF FORT COLLINS
(`Lessee")
And WAGNER EQUIPMENT CO
("Lessor')
LEASE PAYMENT SCHEDULE
Payment Date Payment Number Payment Amount Due Payment Date
U
Lease Number: 42001
Payment Number Payment Amount Due
10/27/11
1
2500.00
04/27/14
31
2500.00
11/27/11
2
2500.00
05/27/14
32
2500.00
12/27/11
3
2500.00
06/27/14
33
2500.00
01/27/12
4
2500.00
0727/14
34
2500.00
02/27/12
5
2500.00
08/27/14
35
2500.00
03/27/12
6
2500.00
09/27/14
36
2500.00
04/27/12
7
2500.00
10/27/14
37
Return Equipment
05/27/12
8
2500.00
38
06/27/12
9
2500.00
39
07/27/12
10
2500.00
40
08/27/12
11
2500.00
41
09/27/12
12
2500.00
42
1027/ 12
13
2500.00
43
1127/ 12
14
2500.00
44
12/27/12
15
2500.00
45
0127/13
16
2500.00
46
0227/13
17
2500.00
47
03/27/13
18
2500.00
48
04/27/13
19
2500.00
49
0527/13
20
2500.00
50
06/27/13
21
2500.00
51
0727/t3
22
2500.00
52
0827/13
23
2500.00
53
09/27/13
24
2500.00
54
10/27/13
25
2500.00
55
1127/13
26
2500.00
56
12/27/13
27
2500.00
57
01/27/14
28
2500.00
58
02/27/14
29
2500.00
59
03/27/14
30
2500.00
60
Total Payments = $232,826.89
CITY OF FORT COLLINS
WAGNER EQUIPMENT
CO
(Lessee)
(Lessor)
SSignafiu�e'
3:2V`
Signature
r�-/
-.Name;(P.cinl)7f
Name (Print)
Vicki Sa re
Jitlex D3:1
� ��1 QC.t-{L%51�Uu
�i-'
Title
Financial Services Manager
Fi�S ti ram, tr�r-'
Dzte:=#
Date
1027/II
/
WECO-Goren tal le Kffdu Agree l Version 1.1 MiIN2001
SELF-INSURANCE FOR PUBLIC LIABILITY RISKS RIDER
To Covernmental Lease -Purchase Agreement
Dated as of October 27, 2011
Between NYAGNEREQUIPDIENTCO
and CITY OF FORT COLLINS
Lease Number: 420013
Notwithstanding the provisions of Section 7 of die Lease, Lessee may self -insure against Public Liability Risks, including, but not limited to,
liability coverage for personal injuries, death and/or damages to property owned by third parties with respect to or caused by the Unit(s), to the
extent that Lessee self -insures equipment which it owns or leases that is similar in nature to the Unit(s) against such damage and risks, provided
(i) no Event of Default has occurred and is continuing, and (ii) such self-insurance program is not and does not become, in the opinion of
Lessor, inconsistent with prudent industry practice with respect to equipment similar in nature to the Unit(s). Lessee shall deliver to Lessor, on
or before the Delivery Date of each Unit with respect to which Lessee will self -insure, a Self -Insurance Certificate substantially in the form on
the reverse. Except as herein specifically modified, the provisions of Section 7 of the Lease shall govern Lessee's obligation with respect to
insurance for the Unit(s).
CITY OF FORT COLLINS
("Lessee")
��
y_algllffil11'C
Date:_
WECO—Go\Mmmtal t.ea Purchh Ape t Version 1.1 OL'1ld2M11
SELF-INSURANCE CERTIFICATE
Lease Number: 42001_
This is to acknowledge that CITY OF FORT COLLINS ("Lessee") is under a self-insurance program for Public Liability Risks with respect to
the Unit(s) leased under the Governmental Lease -Purchase Agreement, dated as of October 27, 2011 between WAGNER EQUIPMENT CO
("Lessor") and CITY OF FORT COLLINS Lessee.
Lessee hereby certifies that the self-insurance program (i) shall be primary without right of contribution from any insurance carried by Lessor.
and (ii) shall guarantee payment to Lessor for any and all claims, and any and all costs and expenses incurred by Lessor in connection
therewith, including. but not limited to, reasonable attorney's fees, losses, damage or liability asserted against Lessor with respect to the Unit(s).
CITY OF FORT COLLINS
("Lessee")
�Srgoiitive
rName(PRINT):� i`7 !r/- O►f�1LL
Tttle:
U !r C �Z)%L 04=-c v2i2 Si U V
WECO-Gol..Id Lr Pulda Agmenmt Version 1.1 W11(✓1001
DELIVERY SUPPLEMENT
Lease Number. 42001
This pertains to the Lease, dated as of October 27, 2011, between WAGNER EQUIPMENT CO as Lessor and CITY OF FORT
COLLINS as Lessee.
This confirms that the Lessee physically received the following Unit(s) on the possession date below. As of the date of signature of
this form. (i) the Unit(s) are in all respects satisfactory to Lessee for leasing under the Lease, and (ii) Lessor has performed all of its
obligations under the Lease.
Description of Unit(s) Serial At
CATERPILLAR 140M2 MOTOR GRADER
Possession date: t0 - 1,q- aC)
N19JO0458
CITY OF FORT COLLINS
Signature
Name (Print)
Title:
Date:
K)--2 T- I f
WFCO-Gornnmenml Lose-Purcbse Agm t Vcrsim 1A IWW2W]
Amortization Schedule
Wagner Equipment Co.
10/25/2011
Loan Balance:
$285,300.00
Orig Loan Amt:
$0.00
#
Payments:
36
Loan Type:
Amortized
Day Code:
Actual/365
Frequency:
Monthly
Beginning
Total
Principal
Interest
Deferred
Capitalized
End of Term
Principal
Total
Interest
Pymt Date
Balance
Payment
Payment
Payment
Interest
Interest
Balance
Paid LTD
Interest LTD
Rate
11/272011
$285,300.00
S2,500.00
$1,409.61
$1.090.39
$0.00
$0.00
$283,890.39
$1,409.61
$1,090.39
4.5000000
12/27/2011
$283,890.39
$2,500.00
$1,449.99
$1,050,01
$0.00
$0.00
$282,440.40
$2,859.60
$2,140.40
2011 Year End Totals
S5,000.00
$2,859.60
S2,140.40
$0.00
Cumulative IND
Totals
S5,000.00
$2.859.60
$2.140.40
S0.00
1/27/2012
$282,440.40
$2,500.00
$1,420.54
$1,079.46
$0.00
$0.00
$281,019.86
$4,280.14
$3,219.86
�d
4,5000000
2/27/2012
$281,01986
$2,500.00
$1,42.1.97
$1,074.03
$0.00
$0.00
$279,593.89
$5,706.11
$4,293.89
3/27/2012
$279,593.89
$2,500.00
$1,500.36
$999.64
$0.00
$0.00
$278,093.53
$7,206.47
$5,293.53
4/27/2012
$278,09353
$2,500.00
$1437.15
$1,062.85
$0.00
$0.00
$276,656.38
$8,643.62
$6,356.38
5/27/2012
$276,656.38
$2,500.00
$1,476.75
$1,023.25
$0.00
$0,00
$275,179.63
$10,120.37
$7,379.63
6/27/2012
$275,179,63
$2,500.00
$1,448.29
$1,051,71
$0.00
$0,00
$273,73134
$11,568.66
$8,431.34
7/27/2012
$273,731.34
$2,500.00
$1487.57
$1,012.43
$0.00
$0.00
$272,243.77
$13.056,23
$9,443.77
8/27/2012
$272.243.77
$2.300.00
$1,45951
$1,040.49
$0.00
$0,00
$270,784.26
$14,515.74
$10,48426
9/27/2012
$270,78426
$2,500.00
S1,465.08
$1,03492
$0.00
$0,00
$269,319.18
$15,980,82
S11,519.18
10/27/2012
$269.319.18
$2,500.00
$1,503.89
$99611
$0.00
$0.00
$267,815.29
$17,484.71
$12,515.29
11/27/2012
$267,815.29
$2,500.00
$1,476.43
$1,023.57
$0.00
$0.00
$266,338.86
S18.961.14
$13,538.86
12/27/2012
$266.338.86
$2,500.00
$1,514.91
$985.09
$0.00
$0.00
$264,823.95
$20,476,05
$14,523,95
2012 Year End
Totals
$30,000.00
$17,616.45
$12,383.55
S0.00
CUM11130Ve 1.; rD
Totals
S35,000.00
S20,476.05
S14,523.95
S0.00
1/272013
$264,823.95
$2,500.00
$1,487.86
$1,012.14
$0.00
$0.00
$263,336.09
$21,963.91
$15,336.09
4.5000000
2/27/2013
$263,336.09
$2,500.00
$1,493.55
$1,006.45
$0.00
$0.00
$261,842.54
$23,457.46
$16,542.54
3/27/2013
$261,842.54
$2,500.00
$1,596.11
$903,89
$0.00
$0.00
$260,246.43
$25,053.57
$17,446.43
4/27/2013
$260,246.43
S2,500.00
$1,505.36
$994.64
$0.00
$0.00
$258,741.07
S26,558.93
$18,441.07
5/27/2013
$258,741.07
$2,500.00
$1,543.01
$956.99
$0,00
$0.00
$257,198.06
$29,101.94
$19,398.06
6/27/2013
$257,198.06
$2,500,00
$1,517.01
$982.99
$0.00
$0.00
$255,681.05
$29,618.95
$20,381.05
727/2013
$255,681.05
$2,500.00
$1,554.33
$945.67
$0.00
$0.00
$154,126.72
$31,173.28
$21,326.72
8/27/2013
S254,126.72
$2,500.00
$1,528.75
$971.25
$0,00
$0.00
$252,597.97
$32.702.03
$22,297.97
9/27/2013
$252,597.97
$2,500.00
$1,534.59
$965.41
$0.00
$0.00
$251,063.38
$34,236.62
$23,263.38
10/27/2013
$251,06338
$2,500.00
$1,571.41
$92859
$0.00
$0.00
$249,491.97
$35,808.03
$24,19L97
11/27/2013
$249,491.97
$2,500.00
$1,546.46
$953.54
$0.00
$0.00
$247,94551
$37,354A9
$25,145.51
12/27/2013
$247945.51
$2,500.00
$1,582.94
$917.06
$0.00
$0.00
$246,362.57
$38,937.43
$26,062.57
Page I of 2
Tuesday, October
25, 2011 11:22:06AM
Amortization Schedule
Amortization Schedule
Wagner Equipment Co.
10125/2011
Loan Balance: $285,300.00 Orig Loan Amt: $0.00 # Payments: 36
Loan Type: Amortized Day Code: Actual/365 Frequency: Monthly
Beginning
Total
Principal
Interest
Deferred
Capitalized
End of Term
Principal
Total Interest
Pymt Date
Balance
Payment
Payment
Payment
Interest
Interest
Balance
Paid LTD
Interest LTD Rate
2013 Year
End Totals
$30,000.00
$18,461.38
$11,538.62
$0.00
Cumuhrtive LTD
Totals
$65,000.00
$38.937.43
526,062.57
$0.00
1/27/2014
$246,362,57
$2.500.00
$1,558.42
$941.58
$0.00
$0.00
$244,904.15
$40,495.85
$27,004. 15 4.5000000
2/27/2014
$244,804,15
$2,500.00
$1,564.38
$935.62
$0.00
$0.00
$243,239.77
$42,060.23
$27,939.77
3/27/2014
$243,239.77
$2,500.00
$1,660.32
$839.68
$0.00
$0.00
$241,579.45
$43,720.55
$29,779.45
4/27/2014
5241,579.45
$2,500.00
$1,576.70
$923.30
50.00
$0,00
$240,002.75
$45,297.25
$29,702.75
5/27/2014
$240,002.75
$2,500.00
$1,612.32
$887.68
$0.00
$0.00
$238,390.43
$46,909.57
$30,590.43
6/27/2014
$238,390.43
$2,500,00
$1,588,89
5911.11
$0.00
$0.00
$236,801.54
$48,498.46
$31,50154
7/27/2014
$236,801.54
$2,500.00
$1,624.16
S875.84
$0.00
$0.00
$235,177.38
$50,122.62
$32,377.38
8/27/2014
$235,177.38
$2,500.00
$1,601,17
$898,83
$0,00
$0,00
$233,576.21
$51,723.79
$33,276.21
9/27/2014
$233,57621
$2.500.00
51,607.29
$892.71
$0.00
$0.00
$231,968.92
$53,331.08
$34,168.92
10/27/2014
$231,96892
$232,826,89
$231,968.92
$857.97
$0.00
$0.00
$0.00
$285,300.00
$35,026.89
20I4 Year
End Totals
S255,326.89
$246,362.57
58,964.32
50.00
Cumulative LTD
Totals
S320,326.89
5285,300.00
$35,026.89
50.00
Tuesday, Octobcr 25, 2011 11:22:06AM Amortization Schedule Page 2 of