HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - CONTRACT - PURCHASE ORDER - 9125195Fort Collins
Date: 09/2612012
Vendor: 113984
WAGNER EQUIPMENT CO
18000 SMITH RD
AURORA Colorado 80011-3511
PURCHASE ORDER
PO Number Page
9125195 1 of
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS Colorado 80521
Delivery Date: 09/26/2012 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Rent a 140M2 Cat Grader
for the Street department (M3505).
Rental cost is $2500.00 per month
and to continue for 12 months.
Unit#52018 vin#CAT0140MTM9J00458
October 2012-October 2013.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
Total
Invoice Address:
$30,000.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
SALES CONTRACT SECURITY AGREEMENT AND FINANCING STATEMENT (Colorado)
Seller/Secured party: WAGNER EQUIPMENT CO. Street Address: 18000 Smith Road, Aurora, CO 80011-3514
Mail Address: P.O. Box 17620, Denver, Colorado 80217-0620-Telephone: 303-739-3000 Date 9/72012
BuyerlDebtor.
Mailing Address:
City
Ship To Name:
, of Fort Collins
Box 680
Fort Collins County
City of Fort Collins
Address
State CU Zip Code SUbJZ
City Fort Collins County Larimer Stale CO
Requested Shipping Date: ASAP via Wagner Truck
Shipping and Special Instructions
PART I - SALES AGREEMEN7 : That SeIW agrees to sell to the Buyer Me lodnsNng described machinery imWO, eWipmem rthe Goads-):
Quantity
COMPLETE DESCRIPTION OF EQUIPMENT
PRICE EACH
PRICE TOTAL
Make: Caterpillar Model: 140M2 Stock# 421619T
$259,900.00
S.N. M91300948
_
This equipment is __J Business Buyer Is _ Individual _ Incorporated in State of
to be used for Farming - Parmersh Sec. Sec.# Fed. I.D. No,
THESE GOODS ARE SUBJECT TO A SECURITY INTEREST RETAINED BY THE SELLER TO ASSURE PAYMENT IN FULL AS PROVIDED INMRTJ
(PURCHASE MONEY SECURITY AGREEMENT) OF THIS AGREEMENT,
TRADE -IN DESCRIPTION
Make
Model
Attachments:
Unit
Serial No.
Serial No.
Total
Less lYade-In (if Any
Sub -Total
Plus Sales Tax (Less City Tax) @
City Tax (Inds Delivery) @
Plus Delivery Charge
Conversion Interest
Conversion Unpaid Taxes
Plus Pay-off on Trade -In
Less Cash Down Payment
Document Fee
$ 259,900.00
S -
$ 259,900.00
$
Total Unpaid Cash Balance Sale Price S 259,900,00
PLEASE READ. THIS ORDER WHEN DULY SIGNED 15 NON -CANCELLABLE. THIS AGREEMENT INCLUDES THE PROVISIONS ON THE REVERSE SIDE
OF THIS AGREEMENT. THE RESPONSIBILITYFOR CLAIMING SALES TAX EXEMPTION SHALL BE UPON BUYER. THIS AGREEMENT SHALL NOT BE
VALID UNLESS ACCEPTED AT THE EXECUTIVE OFFICES OF SELLER IN AURORA. COLORADO BY A DULY AUTHORIZED OFFICER OF SELLER.
TERMS: BUYER AGREES TO PAY THE SELLER AT ITS PLACE OF BUSINESS IN AURORA, COLORADO FOR THE GOODS AT THE PRICES SHOWN ABOVE
BUYER REQUESTS THE FOLLOWING TERMS, SUBJECT TO APPROVAL By SELLER'S CREDIT DEPARTMENT.
Cash on Delivery c i Cash On Invoice Cash with Order --- Other - J. Wagner Note
BUYER'S REQUEST FOR INSTALLMENT TERMS: (Signed UCC•t Required)
Buyer requests Seller extend credit to Buyer for the Unpaid cash balance sale price payable as follows
Payments of including finance charge for full term. First payment due
In the event Seller agrees to extend the requested credt, Buyer promises to execute a Note and Secunfy Agreement containing the installment terms
including interest as set out in the Note and Security Agreement submitted to the Buyer by the Seller and execute one or more Financing Statements
Approval of this requested credit shall be indicated by the Seller submitting to Buyer the Note and Security Agreement.
NOTE INTEREST RATE TO BE 4.50 % PER ANNUM: Plus applicable documentation fees.
WARRANTY E%TEN II NEW MACHINE WARRANTY USED GAT DEALER CERTIFIED
BY SELLER: NEW VALUE ASSURANCE .__ NO WARRANTY EXPRESS OR IMPLIED, "AS 15, WHERE IS"
Other: 3-year/5000-hour Governmental Premier Warranty
BILL OF SALE FOR TRADE IN FROM BUYER If. as pan of this gansacoor, ma gayer wewges any trae�m. !non the following appans. Fol vafua ,ace,vao. the
euye, bargainsells, grants and rvnaeys:o the Seller. all nget. Life in To epmp"'v ce t"nep n the ?fade -fir E'es:npupn atewa. Sayer ¢ne,•.arts wan Lin strar mat me
Buyer is'Jla Iaoul 4Wne, of spOl egWIXnera, that Lhe equipment IS free from a!I enCurnttenSs, etspt as speoncefly Stcnic belfl . that ;ne au'/et m,Nd: pace tort 1 ve ano'ryeresl
to sell Soon eavornenL and Tat Me Buyer WananlS and Mtfl netend at as UMI etipense against ally d ni, arc oema,os of nl:y omer person cr Coa(y to a^f rgnt, rye or 1'-Iele51 ,n sua
equipment Buyer agrees to reimburse Iha Seller far oil elpenses Inc' rred in'Tahirg and =a:nirly` clear irate, on =o`i tra,le-c'
Amount of encumbrance
Payable to:
This Agreement is contingent upon and subject to acceptance oy Seker, which shall be acRnowfadged b;J IS aumorired representanve s vgnafurt! below
BUYER'S SIGNATURE BELOW ACKNOWLEDGES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE. ON THE
REVERSE -SIDE OF THIS AGREEMENT. PLEASE READ BOTH SIDES OF THIS AGREEMENT CAREFULLY BEFORE SIGNING.
BUYERS 61GNATLIRE/ \/ Date: % / �_ OFFICIAL TITLE
ACC ptanCe Recommended by Acceol,ed' 'BlA9NF.R EQUIPMENT CO.. SU LEF. 18CC'C' SMITH
@OAD. AUROHA COLORADC
Salesman Trey Burton By
Car al rot ceY 1,aMI.r s"T. 05.0i,121t1�Y�_-x.ran Pg_, an1,)0:}:`rl .1M
rev. 1105
PART I- SALES AGREEMENT —ADDITIONAL TERMS AND CON'DI-1-10NS (Colorado)
i. Asuseem this Agrranan, the terms (a)'Scllef" shag mean Wagon Equipment Co., (b) "Buyer'shall mean the pan) eswuting this Agrccmenl as such on the
face haeof, (c) "Grods" shall meat the machinery andror equipntuv listed on the face haeuf which are [tic subject rnaur of this Agreement. and Of
"Manutwolm" shall mean the entity Thal mmufachand the Goods, it being understood and agreed by Buyer that Seller a nol the manufacturer and is in on
respect the agent of Manufacturer, and that Sellrrfnd Buyer we the sale panic to this Agreement.
? Manufsaury reserves lbe tight tochargc the price to Sena of any thew Goods without notice. lit the event the prim to Seiler of tiro Gxds rf the qpc oti ctcd
hereunder is changed by Mamrfa:huer prior to ddivery so Buyer, Sella retencs the right to change the price of the Goads to Buyer aecirdmgly. Huvcr agws
to pay the changed price and agrees that this Agnvnenl shall the cautmed as if the changed price was migimdly inserted heron. All amounts specifier) in this
Agemnml shall be due and payable in full at the time of detivsry,
3. Manufaamer reeves the right to chattgr the specifications of fry new Gads without notice and without obligation to make hhe same or mindat demge it, any
Goods previously purchased by of shipped to Seller or being manufactured in said in accordance wiih Seller's order. In the even of alp dmrt e by
Manufacturer, &Ida shall have an obligation art Buya to make the sane or Similar change to airy liouds crv;d h}' this Ageanrnl. emtha Ixinre a eta
delivery thereof to Bova.
4. Seller shall not be liable far failure to douses or far am delay oh delivering the Goods where sack milure hs due in viral, of In part m fiv cau,c beyond the
control arm without the fault of negligence o(Sella.
5 'rhe price of the Goads does flat include sales or use taxes unless expressly Soo stated. Hm rr assunns and a;pns to pave unless predt shard by lav, am suoit wtlrs
and u sic taxes imposed in er applicable to the vansactim covered by this Agrmronl
a MA.NUFAC'rURDR'S WARRANTY: FOR NF.W'COODS SUBJEC'FTOA MANUFA(:'FAIRER'S\\'{RRANIT, THE MANUFA(TURF,R'S
WARRANTY SHALT. BE THE ONLY WARRANTY APPLICABLE'IO ruir G(K)Bs, SELLER HEREBY DISCLAIMS ALI. W'ARRAN"ITF,S,
F.rfIIER F_\YRf:S5 OR IMPLIED, INCLtIDING ANY IMPLIED WARRANT)OFMF,RCHANTARILFFY OR FO NESS FOR PAR I ICU1_AR
PURPOSE.
7. USED GOODS WHETHER OR NOT SUBJECT TO MANUFACTURER'S WARRANTY: UNLFSS.ASEP.ARA'I'E)YRri'IEISIN'ST"RIINIk �NI'
SHOWING THE TERMS OF ANY WARRANTY OR SERVICE CONTRACT IS FURNISHED BY SELLER'r0 BUYER USED GOODS ARE
SOLD"AS IS WITH NO EXPRF% WARRANTYOR GUARANTEE SELLERIFFRB)'DLSCI_AIMSAI,LW'ARRANTIS,EITHER t.XPRf:SS
OR IMPLIED. INCLUDING A —NY IMPLIED WARRANTY OF MERCIIANTABIL IFY OR FITNESS FOR A PARTICULAR PURPOSE.
A BUYER SI ALL NOT BE ENTITLED TO RECOVER FROM SELLER ANY CONSEQUENITAL DAMAGES, DAMAGGS TO PROPERT)',
DAMAGES FOR LOSS OF INN LOSS OF77ME, LASS OF PROFFIS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.
9. Risk of lot passes to Buyer (a) when the Gads arc shipped to Buyer by caner, (i) if the earner is not rryuired to deliver the goods to a particular destination,
the risk of loss passes when Or Gods are duly delivered to the canner, but (ii) if the carrier is required to deliver the Goods to a pufambe destination, the risk of
loss passes whhen the Goods are duly tendered w to enable the Buyerto take delivery, and (b) in all other cares, the ask of losspasses to the Buyer on his rceapl
of the Goods or on lender of delivery to the Buyer by the Sella.
10, Unless dhawisespocifid on the face hereof, all Goods shall be shipped F.O.B. Aurora, Colorado. Delivery by the Sella to a earner shall be delivery to the
Buys. Any claims for shortags m shipment shall be made within fif cim (15) days after twain of shipment.
I L Saks of Fynipmea t. 'NWiccis hereby own tha Wagmr Equipment Co (W rCO) may assign its rights to sell this equipment (anti m purchase uade-m
ptWeny, if applicable) described herein io Wagner F.actatge LLC."
12. The invalidity or unenfeuceaability, army tam, phrase clause, paragraph, pnonio n, sa-t dun, anici0. restriction, ahvawnh, agnxnnem or atherprovisom of this
.Agreemall :hall in no way affiea the validity and enhrmaahly or any odta tam, phrase, clause, paragraph, provision, satmn, article, astricfioh, covenant,
agreement or other provision or any pan thcroaf
13, This AVrc ml cm9imtm the more apmmml of the panics No pmvtsi so of this Agreement may be amended. modi tied, revoked. simplenamted. vovd or
ohcmlw changed except by a "Tilton tmtmmart duly cxmmd by Sella and Buyer
14. If Buyer has requestd Sellerto provide Imanang for the transaction coverd by this Agrexnnctt,;his Agrcement is subjea to final adh approval.
15, This Ap errant shall be mnstmd in accordance with file taw%of the State of Colorado, and any action in comveaion with this Agrocasem ens be pnmpah
brought, at the election of Secured Parry, in .Warns Cormry, Colorado.
- -PART II- PURCHASE b1ONL1 tit:( 1-I1I Fl :A( RFt1thN'I'
L Grant of Security Interest Hmv, as Uchtur, grants to the Senor, as Securd Parry, a saunty mlerml in the Gads veld, ra; tiding all acaYonns, pouts,
acccmoaes and aaaodmrmu thaUea, and all proceeds thereof in orda Insecure, the pa)nnan and perfomtanee of the pea Mtligatim of me Huy a ai wi oar in
PartI of this Agacr rm (Sales Agree"em't Buyer hereby inew.cably amhonzes the Sella at any time it, file a fhnfmnig statanmt to per Tech the Sell"
Security imacst.
Cuilateni. The propmy serving as adlm;al and subyees to this security mtcrosf is the Goods Char have horn veld including sll,n'oxsrons. irons, :rccsavrn
and attachments drove, winch are desso:abd m Pan I of this Agreement (Sales Agrronem)
t Obligation Secured. Tbis.Agreansm secures the Buy a's payment of the pnce of the Goods pureluarl, as set out in Peel I of this Agreement iSalei
Agreement)
4. Colonial , Buyer will keep the collateral free wall times from any oho claims, liens. secalty interests and encumbrances. and loll not, widmrta the prim
vaittm errant of the Seller, sell mamfa or lease any of the collmenl. Buyer will keep the collateral in gad condition and will protect it Gom fuss, damage of
docrormion from arty cruse. Buyer has and will msommin v1 all fail,, with rvsgact is the collmervl, insurance under an "all tick" polity. comaming an acceptable
lass payable mdsasentan in favor of the Sello.
5. Default. The folowing shall catstituac an event o(delmih under this Agreement if) any failure tr pay when due any obligation secwred by this Agrextm nl pit
any failure to pafnrtn orobserve fully and in a satis(aaory manner, any inn of this Agreement: (lit) any loss, theft. sui a:mtial danmaoe or destruction to the
collwaral: or (iv) a proceeding under any bankruptcy, ttwgftizaion, arrangement of debt, insohcncy, resdjus-rent of debtor receivership lav, or statute is filed
against the Buyer, o the Buy; makes an assigi norm for the bereft of credilors.
6. Remedial Timc is ottere essence, In the event o(defauh, the Seller shall have the right to declare the entire indebtedness teased by this Aerconent
immdiaely due and payable In the event of default or aeeekrstion, the Seller shall have and may escraac any one or more of the following rights and
'remdict, which are cmnulaive and may be esaasd in any order(it all rights wit refill upon default, in foreclosure or offs wise, available to securd
sparties 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 oth;
applicable Law; (it) instiate legal proceedings to foreclose upon the security interest, to recover judgment far all amounts that due and owing, and to enllea the
same out of the proceeds of any sale other collateral; but insfhme hytl proceedings for the sale of any or all of the collateral: (iv) personally or by agent& cola
Upon airy promises and take possession of the collateral, and without being responsible for loss of damage to such collateral, hold, sell of dispose of the collaeral
in one w more public or pavane sales, at places and tires and on terms and conditions as the Seller stay decor fit Buyer also agrees to coaperal< with the Sella
in in right to take possession of the collateral, including but not limited to, an obligation to assemble the collar;al and make it available to the Sella at any place
which is reasonably eenvmienn to the Seller.
7. Other Prwoions. lit Buyer agrees to pay all costs incurred by the Sella, including reasonable attorneys fors, in mlloting any amounts owmg in the Sell; at
otherwise enforcing this Agreement (ii)'lbe indebtedness, and any other forums owing under this Agemhenl that are not paid when due shall accrue interest at
the rate of? I n per annual untl paid. (ill) This Agreement shall be governed and by and interpreted in accordance with the laws of the State of Colorado. livi
Buyer agrees that venue for any action brought under this Agramicnt shall be prolacdy in any kical, simc cw federal cram located in Adams County. Colorado
Customer InifiA... ;' - if, _ Date �' i /h o / r Page 2
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fart Collins is exempt from state and local nixes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am] modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompanv invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hornless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. Ihis Purchase Order expressly limits acceptance to the teas and conditions stated
herein set fond, and any supplementary or additional teas and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcied or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warmnts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser handless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of waanty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this wenanty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such li abil icy shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL. TERNIS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of perfondance hereunder, an equitable adjustment shall be made.
6. TERbfINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warmers that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller waants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If fl a Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims of any nature
resulting from the performance of such work
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time daring the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
nominfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofteas used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises admired.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sellershall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry camprchensivc general liability including, but not limited to, contracted and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall lake all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 032010
WAGNER EQUIPMENT a
LESSEE: CITY OF FORT COLLINS
"A political agency or subdivision of the Stain oF.Staten-
ADDRESS: 625 9tsr STREET
FORT COLLINS, CO 80522
GOVERNMENTAL LEASE - CHASE AGREEMENT
Lease Nnmber: 42161
Dated as of September 14, 2012
LESSOR_ WAGNER EQUIPMENT CO
ADDRESS: ISOOOSMITII ROAD
AURORA, COLORADO 80011-3511
Lesser is reliance on Lessee's sclMion of the cgoipmenl described below ("Unit" Of "Units"), agrees to acquire, lease, let and sell the Units to Lcmce, and I -mac agrees to
rent, lease, hire and purchase the Units from Lessor.
Description of Unit(s) Serfthi
CATERPILLAR 140M2 MOrI'OR GRADER MI)DO0948
Payment Schedule attached.
Lease Term: M months
PAYMENT PROVISION: Thirty -Six (M) equal consecutive moothly payments of s�2Lw.00 commencing September 14. 2012. The consumer has the fo�ption to
11111140 gQSTLk0f4 yll F— C(101 Wl EdI t\iW�z al ld L I o
ADDITIONAL PROVISIONS: 3(0 ,`1� e
HIDERS:
TERMS AND CONDITIONS
1. LEASE T'F.RAl; NON -APPROPRIATIONS: The laase term for each Unit shall commence on the date Lessee or its agent receives possession or takes control of the Urn,
herein referred to as the Delivery Date, and shall continue through the last day of Lessees fiscal your in which the Delivery Data occurs and, thereafter, shall automatically be
extended for successive annual periods coinciding with Lessee's fiscal years. Leases shall execute and deliver to Lessor a Delivery Supplement using Lessor's standard form.
In the event no funds or arsuflmient fonds 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 ucesor. and this Lease shall terminate on the last day of the fiscal year for which uppioprimiens were received w,them penalty or
expere, to lessee, except as to the ponions of payments hurein agreed upon for which funds shall have been appropriate end budgeted or are otherwise available.
Notwithstanding the foregoing, Lessee agrar that, to the extent permitted by lave, it will not cancel the Lease under the provisions of this Section I if any funds are
appropriated to it or by it for the acqu¢idam, retention of operation of the Units or other equipment performing functions similar to the Units for the fiscal year in which
nomination occurs m the next succeeding fiscal year.
2. PAYMENTS; NET LEASE: During the Lease taro, Lessee shall pay m Lessor rant for each Unit as stated in the attached Payment Schedule and aecording to the above
Payment Provision. An amount equal to one payment for all of the Units must accompany this Lease. If Lessor accepts and execules this Lease, said amount shall be applied to
the first payment due. If lasso does not execute this Lease, said amount will be remmed to Lessee. If Lessor does not receive a payment on the date it is due, Lessee shall Ivy
to Leaamt, on demand, a late payment charge equal to the lesser of five patent (5a.5) of the payment at Paid when disc of the highest charge allowed by law, whichevcr is less.
This Lease is a act lease, arM Lessee shall trot be unLnled to any abatement or reduction of payment Or any setoff against Payment, whether arising by reason of any past
present of future claims of any mime by Lessee against Lessor or otherwise. Except as Otherwise expressly provided herein, the obligations of Lessor and Lessee shall net be
affected by any defect in, damage Er. loss possession
of poession or use of arty Unit, however caused, by the attachment of any lice of other claim orany Unit, by any interference with
Lossoax me of the Unit of for any Other cause, whether similar Or dissimilar to the foeg roing, any present of future law to the contrary notwithstanding.
3. DISCLAIMER OF WARRANTIES: Leases acknowledges and agrees that Lessee is nor the manufacturer of the Units) and that Lessee has selected each Unit based on
Lessee's own judgment without any reliance wdvticat t, on any statements or retamaimlinrrs made by Lessor. AS BETWEEN LESSOR AND LESSEE, THE UNIT(S)
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. LESSOR HEREBV EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF
MERCHANTABILITY, b) ALL WARRANTTTS OF FITNESS FOR A PARTICULAR PURPOSE, AND c) ALL WARRANTIES AGAINST INFRINGEMENT OR THE
LIKE. Lessor assigns in Lessee in interest in any ofthe menufecamen's warranties an the Lamm).
4. POSSESSION, USE AND MAINTENANCE.: Lessee shall not (a) me, opemro, maintain or store any Unit improperly, carelessly, mr-fiely or in violation of.Ov applicable
law or regulation or for any purpose other than in the emuduct of Lessee's business; (b) abandon any Unit; (0) sublease any Ilan, permit the me ofany Unit by anyone other
than Lessee, change the use of any Unit from that specified in the attended Application Survey/Usage Rider, or change tlm location of any Unit from that specified above
without the poor written consent of Lessor, or (d) sell, assign or transfer, or directly or indirectly cocain or suffer to exist any lien, claim, security imere.'I or encumbrance on
any of its rights hereunder or in any Unit. The Unier are and shall remain "mom' property irrespective of their use or manner of attachment to fealty. Upon prior notice to
Lessee, Lessor or its agent shall have the right (but not the obligation) at all remomble times on impea any Unit and umint..ce records relating thereto. Lessee shall, at in
expose and at all uma during the Lease tmq maintain the Units in good operating order, repair and condition and shall Perform rtninlemrrc at least as frequently as set forth
in any applicable opaem?s guide, service tamed. and lubrimtion and maintenance guide for the Unim Lases 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 use or reduce the value ofsuch Unit Any alteration or addition to any Unit shall be the
responsibility of and at the sole risk of Lassen All pares, ..area and equipment affixed to any Unit shall be subject to the security interest of Lessor granted hereunder. If
Lessor supplies Lessee with labels setting that the Unit is leased from Lessor. Lessee shall affix and keep them in 0 prominent place on the Unit.
SEE, REVERSE SIDE FOR ADDITIONA L TERMS AND CONIU I -IONS
LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED AND EX F.CUTED COPY OF TII IS AGREEMENT
Lessee: CITY OF FORT COLLINS
By
Name (PRIh
Title
Date
r
Lessor: WAGNER EQUIPMENT C
By,
Name(PRINT) icki Savrc __
Title Financid Servi a Mann er
Date 09,tl42012
w1co -reerneareand L. Pahux.promo
Vero- rl M/163vn
S. LESSEE'S REPRESENTATION AND W'S�vY"'ES: Ls. rtprconts seat warmer w Lessor far (a) Lessee u It folly conati akcal famed'. to aging doh «gerund aM
esiating under the Consdmtion and mwt Of eh sin¢ -bore ft Units rill be beamed; (b) Lessee has the poorer. ewer into end ptefmm this Lease and bin tale- an nommory and nsim 10
awho no he e.ecution, delete" and p«rs"Wee-G hal (c) this Leese rearm ses a Sala mq kgnlh binding and enfoscable obligation of Lessee; (d) Be interest, pae" I, I. haemde is
saaladaNc fern ®ins fair Fn1md anew arasw Amp® pays®el m Seea m'M date hrksml Ref— Cade of 19116, a amended (,he'Codc-L and (e) U . has wOkiini afF ropriaiow or
ah« fah as dkd lc an pay aR ®ins der,- . b rbc asrev Basal lea and sammalliP, be inrs Wn foods rm 4 obtained suR knl to rake all pm) meals dining the term a this Leas,.
less« .eProseeds don ate as d fc Uvb a cacea m L—c pEalies, efFreimr and tom l is memenon. Letee sk.a.ledga and ngrea that the pa.aaams hose been ukaka, To I<swr
msming trot the io ar Pudaa loch Pat .1 h,Gcludibk fern Irass inerac far Fedeal inaan asrado pmpowa. Leans rtpaenu, wanmu and m.mana that: (a) Ise WED h f
IN todma.tim agmtin ; rcq®aaerp a Si. I49(c) d tee Code. as the sea comp. wi
mar maMd Boa tore m We,, and awn) WE at,snc shill halted, low om h timned w rtc caution Or
aSection a8T.) earataI rerprnedby Lessor. (b) leaden will era do in otswmhdaecanymshahwill erne.«homissiondal nt Blow;fc tailEohm efiaage bind islets fe nwarasg
d Sndm I.1 or d the codas (e) lance via am do w Ra a e ba dos my aq xtid watt cure. or h mission of any s1 ilbn his lease to be a Frwme sandry bard within the a ma, or
S.cdm Ia1(al of the Code (d) I— wig much m' a the eafem of a,anablc rood; aawmn required to be lettered m the United Sutra porsavn to Section 143(O ate Cade: (a) Lessee Gill or,,
do or castle to d done uty sea shah will owe, or W mien Orion, m a",. the interim P«na oflh Fa•.m.b to be g of become initdabk in ross iammc for Federal serest samim parTme,
nodes the Code: and (1) ash dte lee will caehrrm... as and gom crr a the Units, Ica„ sm11 Frolide ro Leaor nn.piston or.a.i avbmntul, to the form nluchd here..
6. TAXES: Leila names an p m p , Ivy n medial 1" fw an theca aM Eases of any mrtec..6cdwv wish any peaaltia, fires or additions to tali or am. dieeon Dal d We rareing
Weafw the •Imposirioa'), arrial a m, rill pros., dining w wbsgoent. the 1. rem and Icsied by any using mamml'.i0e respect . or in tomectim With any Unit eeeladme, heo. ,
oaks memvred b, I-mo'.. income (of Linn not eretndbE any non iaome umi whkh, by the elm of the slaw normal loch .s, esmssh reline lessee or Less« Boa the Ps,ment of ins
Impamvu which Lac wmW aahoitt h oblgalcd w pay w reimbaw). If Ieswr u oat maiUcd b e cortvpodirog and cyml deduction with respas b am Imposition whkh tearer h mquimd
b en) «rcirnbus. a ash Payment w re-"vudrasasnrao,R rks scorn .lama, then I.casce shall ilw Iv, to ta.r doe mnwmt of a, Imposirima which L,s.a is MliBared b pay in resp[[1
of(a) Rxh W)mmt w rtiablmaoenr b, Ica and (b) m}' Armor by lesac nude porsuono ro Wis srnLawe. I.esuc shall p,cpaa vat file, s a manner erne:( E«y m L�or, m,- rtpom or rcwma
which tom h regvirttl Britt ra*tw rp red Ihiu Fa pmpxs d Wes Seaioe •Lew! sluff inlMc eon dBlimcd group. n iEhin the eneming of Sc<tiov I SO4 of the Code, of oNee Lazes is o
atcobuf an, ye«in.1am.con.lidard w emanated atom ua.awm is filed Book affiliated gemp.
T. IA$$ OR DAAIAGF; INSURANCE,' lea« aamm nD risks ad IsbiDEcs of loss dmauge or Casml- 0.ws 0 (a laresdkr ca d) fw no, come whvs«v«, far mr moamn d'aa
Until p,ov m, deal Or wbtrysm to (weed tee Lim u remaed I. l non« pwmarn an S,,om 10) Be I. moo. and far ostler) no «dear, or., Peron or damage Io my proprnr an am- m«um
failing m d«ine'dea b fG possession, tat apaariom modidon I sa al;e of the Um\ Ifam� (hail beano dmagcd, from any eau¢ wharsoe,er, I. fdl gist I. pomp notice thereof.
If Lester as earrilm demrmma that
ep such, daouge u sot repo'vabk, Una I<ace shall, n in ezPmae Pro aWll, ram. the Unit to tee emdition re.srtd b, See ion 4 abme. If am Union hecmxs warn
out. lost stoles. dfs-o,d « nRpaabh din ged (all remombly demmaN b, Lesor) fro ant mac whwsa,er, or a. b, condentna,im w dmaaile (any such asvmesee 6ercalle. n
Casuals Oremrmre•) pin le, doming or subwgma b (.mil fe (bail is trimmed,. Lesser, pnreol an Section 10) fed lease ram. Leal fdl Iola Lessor Priory, rude, denaC Iv the men, of a
Cadman, Oamrma, l— ahead pay as less«, m fh mae,d(�a)Jh I— Payrem dam folloorag saa:b Canals O«m-euce «(b) fin, (30) day, following such CmemU,0.cunrnc . a sum (Use
.. Taed®ehm `ta rv,,ual at(oft•BLg�Aa6 Rdafrlaa(Ss s4erLc1 in the on Jsed N). schedule) a aft sin Mrsoul Ors following loth Canuhy Oeemresn, Pines ( b) de em«ml of
fc tamest portion for sp«ifell an the Finaer, Schcdde) of fc tees, parnenf due following inch Cormin' Oeevertne multiplied h a fa,im fc nwvemtor dwhich is ther nmbcr dda)s forty fe
Iona aft) the Deraen Dare aft Unit m (b) the Ors dart aft paya m, marediaely Flo ding inch Canm1U Onvrvax unit din due date of the panone. ds 6ernmdv in tespee, of loch
Carnal- 0—e and fe elmoraioamr dwberh is 360. Leave, al its capstan, dull lee, each Unin inmred aga ao all note for all, less fan the appli,ubk Beginning Balanc, oif aespee, to later,
Ulan and than ®vada —Prehension e pal lubilhy mmrav« covering catch Unit far n« ks than g1.IXs0.OW for rombinW .Orate fw bodily i jrsn mW pop«mr damage. All imvma« shall (a)
be to a f and with r arlf marpanla as Lester stall a,urri (b) apccdv I'(« its daig«x) and Lott a mined emadY, k) be pnmmy, vithwt right Of <«mibubv front arty ohu
sumac mrried by Iaa, (ill Amide Ibm act iaaance m.y law hi, axchd or altnd too as an WWI fc We" dtes,s, withom al leas tiny (30) days' prior %rimer noire m Insor, nod (c)
ninon L. (or as, desig,c) or fee pave and b: probe sokh in 1.. 1. agraa to waft' L, mom ofaoy attursevice which.. bttmte IM basis of an eau ce earn. haeuaNe, and na to
nuke my adjv I. wit in.ms wtthm, Inca Ara lolls' costae,. lea a hxbv ir"'eabh npyoin s Lessor its auomg-in{sr, w note"O Payment Of vat endorse an ebetls and other
doauano, tad to IaLc am- dhr ariom staavry tee pave inromee,birs, Prieto, ale nest Deliver Dam of m, Unit, Lsorw shall ddr,cry . Lessor suisfaelary evi&. of such wsmvne
wsvagc
WAIVER AND INDENINTTY: LESSEE HEREBY ACREES TO RELEASE., DEFEND. INDEMNIFY AND HOLD HARMLESS LESSOR ITS DIRECTORS, OFFICERS,
10
EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAINIS OF LESSEE OR THIRD PARTI RS, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT.
1 1 (Li1qNW BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NP.GLIC,F,NCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR
RELATING TO THE DESIGN, MANUFACTURE. SELECTION, DELIVERY. CONDITION. OPERATION. USE, OWNERSHIP. MAINTENANCE OR REPAIR OF ANY UNIT.
�' � �� FURTHER LESSEE AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS, FEES, INCURRED BY LESSOR OR US
DIRECTORS, OFFICERS, EIRPLOYEFS, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. UNDER NO CONDITION OR CAUSE
1 F' ALTION SHALL LESSOR BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL
LAv1DAMAGES.
Lis?�-�O-
9 EVFNTg OF DEFAULT; none are: Fai of f, Radman, d iag ,hall caa et an • or to of Defauli by ita,n h faux dintl fail to tm4 am pa,mev, L Lea. %tin doe: (b) eon
he wmnmr d fen, cmtam-d bmdo of in an, docwrers fvenifed m Lemma is maeection 6amrif shill h v.wnrt « aislendsg ulcer nude; (c) lsec ,full fit . ohsnr no
pvf any off, «wwrarvy made b I<aen hsa_ ,. and ash faDmc deal memamc thin tat (10) Orals nDn waitron write feredb 4ssec: (d) laser shall fdI m malt am
payntanl m h bold imlrLtomm vher d� w (cl Itve del h a dCwh b, Lev. rod« aw ofa a6Rcanm, brn,nn Ieaor and lnac. If my F.,am of De.vD stall new, tan«, a, iu
op,im, may (a) p«tad by ygvopme sear, yim(sl b mf«rc fie 1a>s « m asmv dmapFs fn Uc bosh UxrtoL Ibl bl' w,icc is writing to Lam, emmiarlc deis Ice%, tan Iarre shad)
rsmvn table m 6ncivaller Rmidcd end fve ayov tcaa ray. a na opion m wry we a tow, d the folbwing� (b- Q rtcv,er foMxch from Lerstt (0 my red ill ®ascot fin Ors veder Ehn
Loa, «whkA ®, hero scams m the doe Orsnd termiaarim. Cl as hmas<s fw less dthe barges and. n n peak,., win ryml m Ue pmmenss do loot maw. the Unus and nddidnml
lame- dvrs6 rh hllace d fie tint la, and C lam addirivul daaaga and espaara .m:...A q leace by rvrm off, bvch of my corc,evu, represomion «xeamny cmearned s fc
Ieve aahn fan far the raters d mom[.Ors bvemdu, (bZl sdaGe ah semi- skn:R given bercader, (b l) wioMw nonce. IiabBiU' a legal Pn,a. sum trton Ilse premiere o hem avl d
the Loans «addaimd,amity lam be and late possession faro!, and (1,4) rNove leas to ofe a t the Urals and edfliood waano m pmid,d in Somali I, lea w,bdl hero an of a p,en as a
mined Pro Inlaw- Po"ided isor acmives pnacai® athe Oil and ndaknrl wcn.i- folkwing m Evert d D Loll, lessor min'. ar itsstates. adenake momemianb teaaoabk effort 10
sell or re -lease, the Owns and additional scudh. ad fc proeeds armmOr melt rate re -leas draft be applied nor. to mimbuw 1. for all rcawubk csnves dre.king. hnidieg, pRpmieg fin
We oe ne� and sU* or m-Imssg the UviD and a rat l semis)', Meta atg At uses and rrasmable eaters; S fin ad csnmes: sa«d, . IN aural eat pe'.1t paid by Les., b pa'
fes.n ill
Seek s, eiapf lea spaifwd below, whcW ap the meat of Nis nto Vitro
¢R at,
w hale smiled m dfe dery t than N remip of wed proceeds: d the et p, rill Ire payam, ehsrlS ,
pvlaanl ro trE a n e hvvf; mi acids, m Any Ithaor f , applc sta Tcrosutiow Value wit retailer . ax Uniu. Mr Units
dull be pail Io the pawn entitled fcrno. lame shall pompsly
env defickrty m Lew, last nkmaledga ,her ales fin rat « m ca,Wr b a mimkmler, rwai W or ism of the Unite e2 ail cmmesialtl reawabk. Lena ag-a .pay all rmsmabk
mt«nry'a theca and ill cons and ea he e. scmml br I . r at mf ivg this amp The r,medies heroin c lined dal h LO.'me and i,, addition to all filer rron. as Es n in ,.oily:
pn fees. bwvc lf, Leal shall ra In, I d to ananrr, graver nmod.1l damages fin Iewr could haoc em. fmtagh L ail. full, hnt' and rats Wilda.
palomino tadLe this Learn. Plus
dlrate,cases andy note �piol becmred"Otomnsedmiogrho,Insandall interned no
pmzum,todicries 2.tI<wcfallse.,aeinn ofi- obligatsm and«this tease. Lessor may
that led w,) ar m. foe Jeolkr � Bah abligarita, eat the eap,aas incurred in cwnxctiou hemviW fall h part able by Less upon demand.
In. RETURN' OF ti a [T: U, an, ermi ,anion aft Icrm of laic Lease —fh ,espc,t b each Unit or if Lasso, dOl a,lifully de'ntand Po.,s n, ofam' Unit, La.. at its ex'., shall forthwith
dcliaa the Urin m I<s.f app,epiaeh pmmamd ad is the mndnfon required by Seelix n 4. at the option of Issso,, to We prcmts Of the nearest Caterpillar dmkr suing eFuipmrne of the arc
o P, m the Urdh or ma beard two camera Iesmr stall specify mid shipping fh aante. freight rolled. to the datinslion desigamd bl L,swr. If nh Unit is tot in he condition ic,imd b, Scum 4,
Lan shelf pay. !-,so, on dentinal all cob and caleaa inearrol by Lessor to bring he Unit into said condition.
11. REPORT TO IRS: Lsst, will report hie Ina, to the Internal Re, so. Seri ice b, filing Fonn 8038- . 60394:C or 803M xhiche,e, is applicabk. Failure In do m will ease the Lase to lose
h Ina camp teas. Less- agora far if fe irwoprinm farm is not fiat, the interest fare oil h.idjusred to an equi,aleel usable inweslraw,
11. TITLE, SECURITY INTEREST AND FURTH ER ASSURA NCFS: Pro,idod (a) lessee has mxepoi esh Unit on ib defiler, date. (b) no E,enl d Defaol, crisis n of,h rinho , IN. of
fG Unit, are each On' shag ,m is Leslie m the Dedisery Dom title Unit pmvNed, howler, Ilan in Be e,enl li) this Leas is fammaed preanerrl to Scaim 1 hereoi or a) m El. of Defsan
ha necw,od col is mo mseg. ink. fc Una shall imm 'R,a in Leanr, free day right one and o seam d Ices. enksr Len cats alhw ise in unison, lei bncd gam-.
less« a o ter sam, scwhl saes, in ae Uuuy --ading a0 mtnhmenh axewrks are normal fentari (whefer or not insaWd ft.) ad all sobnil... rcylar,.n, additions and
acaaims fedw. and all prise Ors ofalh doh fw<psig n seism tee � tool MeR wins Ors. Lessee mill, aI in aspens, do env fwW,r s1 and caccule, skrwkdge, delete, fk. regisuf ad
rea"ad am fords" dismissal whitA Lean' may rmwtable rtgoev in order. Poloist Lesnes,eanilr iumm in the Units tad leap's rights and bercfb coda then lase. Leeue Nm,N appoutts
Lases as leers Amerncl-inmE., nor the arom, and filing Of ah d vmewn and andswioes Lessor an deltne Wnc limited pm,for,
.
13. ASS] GNbi£NT: COUNTERPARTS: Tha righs d lessor aadel this ferias recta, be, aaigrrd It, 1.0., al any Time. Ifs«died by Lesor, Lessee shall male all or, me. it. coda this Lau
. the pain deli mooch of f - notice, wiarout offa,s or deduction. No msigmtent of this La. or an, right w obli,fim coda i1 an, he mud, bl Is. %ithoul the pun .not. consent of LOeun.
This Lease than he binding upon and bcwf Less« ad I es. and their res tn,c ,arresters and assigns. Until beau is assigned b) Leswr . a pertnuship or 1.11, he tmt'Lessor- shall
f neeronh mean ad include the pamxrship in tmst and shall also include. fa poryO.s of Smdons 3,4,6.7& 8. each lamer in or buRfcimy of the rarmership or sox Although analterts Alth
counrpaarblt dnwuant mall be rignd, real, the caunwpv-nceep¢d, acLnotvkdged and certified by il'agaf Equipment C. on the slgmabr, Page hermf. the original Gill coatntum m,iml
thene)Paper
.
IA. EFFECT OF W'AIV ER No delay or omission . e¢rf. any eight or ¢medv accruing to Les. hereunder shall impair an, such right ter rcmedi law shall it h enenwed to be a sai3O or not,
NO.h or defauh of less«. An, wri,a or crosn, b, laver under his lease moss be s writing specifocalh ill fort. This Lea. compklth soils she rights of lessor ad Lemsei, oif respect to the
Units and .persedes as prim ago-_emen- wish respeel Urcm.. 3 ire is of the eswrce of Nis Lea.. No ,anvim ter mMifeation of IN. Leas shall be ,slid uWess in writing and sigo.d by he
aulMrved.prcmetarires of lessor. ad Las«. All nial heleunkf shall be is writing. ddeaed to inch pang to the nddrws .1 ford, an fc forest a his feu, .1 .1 such afer addrea as fo, be
Tarnished in %ruing If wa pen, into. or hot Lear than be invalid und,r any.,I.ble too. such proaitunt shalt be rotated mnu d bur rh rcmainheg In, -in. shall be givw IRa\ All obligation
of L.ew, under this Lose shall sun". 0e aNaratio t of leminatpn aNis lase . fe elienr r.,Joa fa their toll ah,,,.Oe and pe,ro.n...
IS- GENERAL: nil Leas shill W asom ed b, and eeostmed undo, he Iaxz of the Sat, .here the Units are tarred
WH"- Go, am Wfcasr-11vrLZ Apewrxd t'w.vm I.I W'I4_WI
NON -APPROPRIATIONS ADDENDUM
to
FINANCIAL LEASE AGREEMENT
Lease Number: 4216197
between
WAGNER EQUIPMENT CO
and
CITY OF FORT COLLINS
DATED AS OF September 14. 2012
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 term 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 term of this Lase 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 of such 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 tire 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 die foregoing, Lessee agrees that it will not (a) cancel this Lease under the terms of
this Addendum if any fimds 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 die fiscal year in which such termination occurs or the next succeeding fiscal year thereafter, and (b) give
priority in the application of finds to any other functionally similar equipment during the term of this Lase. The Addendum shall not be
construed so as to permit Lessee to terminate this Lase in order to acquire any other equipment or to allocate funds directly or indirectly to
perform essentially the sane application for which the Units are intended.
LESSEE:
CFFY OF FORTCOLLINS
COLLINS
-\'- f s Z
g>' g �� '--' i �i
Name (PRIN
Title tJ�2L c. Z r� ,'. _ �7, • '_�.-rtti
Date
I
WECO-G.,=.W[. .P.Mh.<Alye t
LESSOR:
WAGNER EQUIPIIN1ENf/
f'0
By
Name (PRINT)
Vicki Sayre
"ride
Financial Services Manager
Date
09/14/2012
VM. 1A 041IN2001
Attachment to Governmental Lease - Purchase Agreement I Lease Number: 421619
Dated as of September 14. 2012
Between CITY OF FORT COLLINS
("Lessee")
And WAGNER EQIIIPMF,\ P CO
(`Lessor')
LEASE PAYN1 ENT SCH EDU I F
Payment Date
Payment Number Payment Amount Due
Payment Date
Payment Number
Payment Amount Due
10/14/12
1
2500.00
04/14/15
31
2500.00
11/14/12
2
2500.00
05/14/15
32
2500.00
12/14/12
3
2500.00
06/14/15
33
2500.00
01/14/13
4
2500.00
07/14/15
34
2500.00
02/14/13
5
2500.00
08/14/15
35
2500.00
03/14/13
6
2500.00
09/14/15
36
2500.00
04/14/13
7
2500.00
10/14/15
37
9,[Tugr
05/14/13
8
2500.00
38
EQJ1�MEfl1
06/14/13
9
2500.00
39
07/14/13
10
2500.00
40
08/14/13
11
2500.00
41
09/14/13
12
2500.00
42
10/14/13
13
2500.00
43
11/14/13
14
2500.00
44
12/14/13
15
2500.00
45
01/14/14
16
2500.00
46
02/14/14
17
2500.00
47
03/14/14
18
2500.00
48
04/14/14
19
2500.00
49
05/14/14
20
2500.00
50
06/14/14
21
2500.00
51
07/14/14
22
2500.00
52
08/14/14
23
2500.00
53
09/14/14
24
2500.00
54
10/14/14
25
2500.00
55
11/14/14
26
2500.00
56
12/14/14
27
2500.00
57
01/14/15
28
2500.00
58
02/14/15
29
2500.00
59
03/14/15
30
2500.00
60
Total Payments = $290,415.27
CITY OF FORT COLLINS
WAGNER EQl1IPN1ENT CO
(Lessee) ^
(
(Lessor)
Signature
\\`--Ii�LS--'-s:-'.
_
Signature
Name (Print) `
-��_.) I- t (y.
Name (Print)
Vicki Sayre
'title 1;
�_✓-�Lr�'lZ:2 0 •C 1f /� , t4 SAC('
Title
Financial Services Manager
e7 /1
Date
f
Date
09/14/2012
WECO-G.v..ell Purchwe A8r.1 Ve .I_I Rt.IW2-n
SELF-INSURANCE CERTIFICATE
' uase Number: 421619
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 September 14, 2012 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 (u) 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 atiomey's fees, losses, damage or liability asserted against Lessor with respect to the Unit(s).
CITY OF FORT COLLINS
("Ixssee")
Signature:
Nance PRINT :
Title:�u-/z�
Date:�l�f Z--
/
WECO-Gocanm¢,IW from-0mrhss AVre ,
V—im 1.1 W/w200I
ME
SELF-INSURANCE FOR PUBLIC LIABILITY RISKS RIDER
To Governmental Lease -Purchase Agreement
Dated as of September 14. 2012
Between WAGNER EQLLIPIIENT CO
and CITY OF FORT COLLINS
C�7
Lease Number: 421619'
Notwithstanding the provisions of Section 7 of the 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 scif 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")
Signature: �t/1��
Name (PRINT)�L � CIA 'L(w ; !j
Title:i,it=<=ii':r.`. C1-
Date:
WECO-Go,=.W 1.1`ch Agr�t
VMi. 1.1 WMG200T
DELIVERY SUPPLEMENT
Lease Number.421619
This pertains to the Lease, dated as of September 14, 2012, 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 # Location
CATERPILLAR 140112 M9D00948
CITY OF FORT COLLINS
Possession date: Signature
r
Name (Print)
Title: �akS(G C,
Date:
W'ECO-Coy. W1.2 P.,ch. AgT.1
Wniw 1.1 0WI(V2001