HomeMy WebLinkAbout03- Caterpillar Financial Services Corporation; IT62G
CA TERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Dated as of
LESSEE: CITY OF BOZEMAN, MONTANA LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
"A political agency or subdivision of the State of Montana"
ADDRESS: 411 EAST MAIN STREET ADDRESS: 2120 West End Avenue
BOZEMAN, MT 59771-1230 Nashville, TN 37203
Lessor, in reliance on Lessee's selection of the equipment described below ("Unit" or "Units"), agrees to acquire, lease, let and sel1 the Units to Lessee, and Lessee agrees to
rent, lease, hire and purchase the Units from Lessor.
Description of Unites) Serial#
(1) New IT62G Caterpillar Wheel Loader AYAOOl22
Location of Unites): PO Box 1230
BOZEMAN, MT 59771, GALLA TIN
Payment Schedule attached. Lease Term: 36 Months Utilization Date: May 19,2003
PAYMENT PROVISION:
Lessee shall pay to Lessor payments (including the principal and interest portion) in 3 consecutive annual instal1ments commencing
ADDITIONAL PROVISIONS: RIDERS:
TERMS AND CONDITIONS
I. LEASE TERM; NON-APPROPRIATIONS: The Lease term for each Unit shall commence on its "Delivery Date" (which is the later of the date on which (a) Lessor
executes this Lease, (b) Lessor takes title to the Unit, or (c) Lessee or its agent_ives possession or.e. ~trol of the Unit, provided the Delivery Date is' on or prior to
the Credit Utilization Date set forth above) and shall continue through the last day of LeS$ee'sfiscal year in which the Delivery Date occurs and, thereafter, shall
automatically be extended for successive annual periods coinciding with Lessee's fiscal years. If the Delivery Date is not on or prior to the Credit Utilization Date, Lessee
shall, at the option of Lessor, assume Lessor's obligations to purchase and pay for the Unit. Within seven days fol1owing the Delivery Date of each Unit, Lessee shall
executc and ileliver to Lessor a Delivery Supplement using Lessor's standard form. In the event 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 occurrence and this Lease shal1 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 av.ilable, Notwiths.tanding the foregoing, Lessee agrees that, to the extent permitted by law, it
will not cancel the Lease under the provisions of this Section I if any funds are appropri'ated to,it>9l'by,itflittbc1.*Cquisition, retmtionor operation ()f th~ Units or other
equipment performing functions similar to the Units for the fiscal year in which termination occurs or the next succeeding fiscal year.
2. PAYMENTS; NET LEASE: During the Lease term, Lessee shall pay to Lessor, atPO Box 100647 Pasadena, CA 91189-0647, rent for each Unit as stated in thc
attached Payment Schedule and according to the above Payment Provision. An amount equal to one payment for all of the Units must accompany this Lease. If Lessor
accepts and executes this Lease, said amount shall be applied to the first payment due. If Lessor does not execute this Lease, said amount will be returned to Lessee. If
Lessor does not receive a payment on the date it is due, Lessee shall pay to Lessor, on demand, a late payment charge equal to the lesser of five percent (5%) of the
payment not paid when due or the highest charge allowed by law, whichever is less. This Lease is a net lease, and Lessee shall not be entitled to any abatement or
reduction of payment or any setoff against payment, whether arising by reason lif any past, present or future claims of any nature by Lessee against Lessor or otherwise.
Except as otherwise exprcssly provided herein, the obligations of Lessor and Lessee shall not be affected by an defect in, damage to, loss of possession or use of any Unit,
however caused, by the attachment of any lien or other claim to any Unit, by any interference with Lessee's use of the Unit, or for any other cause, 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 Unites) and that Lessee has selected each Unit based
on Lessee's own judgment without any reliance whatsoever on any statements or representations made by Lessor. AS BETWEEN LESSOR AND LESSEE, THE UNIT(S)
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, LESSOR HEREBY EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF
MERCHANTABILITY, b) ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND c) ALL WARRANTIES AGAINST INFRINGEMENT OR
THE LIKE. Lessor assigns to Lessee its interest in any of the manufacturer's warranties on the Units(s),
4. POSSESSION, USE AND MAINTENANCE: Lessee shall not (a) use, operate, maintain or store any Unit improperly, carelessly, unsafely or in violation of any
applicable law or regulation or for any purpose other than in the conduct of Lessee's business; (b) abandon any Unit; (c) sublease any Unit, permit the use of any Unit by
anyone other than Lessee, change the use of any Unit from that specified in the attached Application Survey/Usage Rider, or change the location of any Unit from that
specified above, without the prior written consent \If Lessor, or (d) sell, assign or transfer, or directly or indirectly create or suffer to exist any lien, claim, security interest
or encumbrance on any of its rights hereunder or in any Unit. The Units are and shall remain personal property irrespective of their use or manner of attachment to realty.
Upon prior notice to Lessee, Lessor or its agent shall have the right (but not the oliligation) at all reasonable times to inspect any Unit and maintenance records relating
thereto. Lessee shall, at its expense and at all times during the Lease term, maintain the Units in good operating order, repair and condition and shall perform maintenance
at least as frequently as set forth in any applicable operator's guide, service manual, 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 use or reduce the value of such Unit. Any
alteration or addition to any Unit shall be the responsibility of and at the sole risk of Lessee. All parts, accessories and equipment affixed to any Unit shall be subject to the
security interest of Lessor granted hereunder. If Lessor supplies Lessee with labels stating that the Unit is leased from Lessor, Lessee shall affix and keep them in a
prominent place on the Unit.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED AND EXECUTED COpy OF THIS AGREEMENT
Lessee: CITY OF BOZEMAN, MONTANA Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By J.~l By
Name (PRINT) Clark V * Johnson' , Name (PRINT)
Title City Manager Title
Date June 9, 2003 Date
fll"" NIII. OOVR5-lllI'nl .1lS"OIIll~lIoaMI1~31li:)4 ~MCT
CATERPILLAR FINANCIAL SERVICES CORPORATION ("CFSC") Page 1 of2
CONSTRUCTION EQUIPMENT APPLICATION SURVEY
Customer Name: CITY OF BOZEMAN, MONTANA Location: PO Box 1230, BOZEMAN, MT 59771
Make: Caterpillar Model: IT62G Quantity: 1 Serial Number: A Y AOO122
Monthly Usage: 83 Current Hours: 0 Dealer: TRACTOR & EQUIPMENT CO Dealer Location: BILLINGS, MT
***** IMPORTANT INFORMATION *****
RESIDUAL EXCEPTION REQUESTS must be submitted to the CFSC for the following applications: landfill, transfer and recycling
stations; demolition, scrap yards and steel mills; salt, chemical, and corrosive environments such as feed lots, dairy farms, rendering
plants, mushroom farms, fertilizer and lime handling, salt water areas and all hazardous waste handling; dUSty or poor undetfoot
conditions; all underground mining applications. Any applications requiring unusual attachments, equipment modlflcatlons or have
non-traditional use of the equipment. Any transaction with five or more of one model.
Please COMPLETE THE ENTIRE SURVEY for all transactions including any of the above applications.
~==~=~==========;~~==~~~~===========~===~=======~~=======~~=~~===~=====~~==~======~~=====~=~~~~~==
MAJOR ATTACHMENTS (Check all that apply) :
0 4 Wheel Drive Slo e Board Pallet Forks Landsca Rake 0 Concrete Crusher
0 Au er Tiller Rotator Metal Shear 0 Forks
0 Cab Riser Access Platform Ride Control 0 Lon Reach Stick
0 Delimber Block Forks Saw Head 0 Mower
0 Generator Cold Planer Solid Tires 0 Ri r
0 Lumber Forks 0 Trencher 0 Shear Head
0 OHT Bod Liner 0 Com actor All Wheel Steer 0 S ecial Rims
0 Rotasaw 0 Feller Buncher Cab 0 Winch
Other: VV~ t.
BLADES AND BUCKETS (Check all that apply) ;
0 'PAr Blade 0 Side Dum Bucket 0 Landfill Bucket 0 A Ie Blade
0 Bkt 0 'SU' Blade 0 Coal Blade
0 0 0 SI Bucket D' Hi h Volume Bkt
0 Landfill Blade 0 0 'U" Blade 0 Rock Bucket
Other:
MARKET CATAGQRIES (Check All That Apply)
0 0
0 0
0 0
0 Mining - Metals. Copper, Gold, Iron, Lead, Silver, Underground, Uranium, Zinc 0 Industrial- Dairy/Mushroom Farm, Demolition, Feed Lot, Fertilizer/Lime Handling,
Landfills, Renderi Plants, Sera Handli ,Steel Mill, Transfer Stations
0 round Governmental. Road Maintenance, Snow Removal J.... ~ ",$. \r
0 Rental Services. Rental Fleets
This application survey is considered to be an integral part of the lease between the Lessor and lessee. The information obtained from this survey will be of primary importance in the lease payment
schedule. Any change in the location, severity of application, annual hourly usage and/or attachments or confl!luration must be approved in writing by Caterpillar Financial Services Corporation.
NOTE; APPLICATION SURVEY MUST BE SIGNED BY LESSEE AND AUTHORIZED DEALER REPRESENTATIVE
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WmCH ARE PART OF THIS CONTRACT
For the Lessee: CITY OF BOZEMAN, MONTANA Dealer Management Reviewer:
Date: June 9, 2003 Date:
Signatureo.--l -' Signature:
Print Name: Clark V. Johnson Print Name:
Title: City Manaqer Title:
Company: City of Bozeman, Montana Company:
CFSC Reviewed by:
" _, CATERPILLAR FINANCIAL SERVICES CORPORA nON GOVERNMENTA1~~otMSE AGREEMENT
Dated as of ......>
LESSEE: CITY OF BOZEMA.'l, MONTANA LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION
"L -:~'5lc'1 \
"..." \, ?....J
"A pollllcal agency or ,UbdIVISlOn of the Stale of Montana
ADDRESS: 411 EAST M.....IN STREET ADDRESS: 2120 We'l End Avenue
BOZEMAN, MT 59771.1230 Na.hville, TN 37203
Lessor, in reliance on Lessee's selection of the equipment described below (II Unit" or "Units")J agrees to acquiret lease~ let and. sell the Units to Lessce, iiI1d Lessee agrees to
rent, lease. hire and purehase the Units from Lessor.
D...riDIIoII of Unllls) Serl.l#
(I) New 1T62G Caterpillar Whetl L<>ader A Y Aoo 122
LoadoD ofUBll(a): PO Box 1230
BOZEMAN, MT 59771 , GALLATIN
Payment Schedule aU.thed. Lease T.nn: 36 Month. Utilization Date: Mliy 19, 2003 ~' '
PAYMENT PROVISION: C "
L..... shall pay 10 L...or payment. (including the printipal .nd interest portion) in 3 cOllsecutive annual in.tallments commencing 1 ,y {) "5
ADDITIONAL PROVISIONS; RIDERS:
TERMS AND CONDITIONS
I. LEASE TERM; NON-APrROPRIA TlONS: The Lease term for each Unit .hall commence 00 its "Delivery D.'te" (which i. the I.ter of the dat. on which (.) Le..or
.x,",ute.thi. Lea.e, (b) Le..or take,' title to the Unit, or (c) Le.... or its agent rec.ive. po.....ion or takes control of the Uni~ provided the Delivery Date i. on or prior to
Ihe CT\!dit Ulili..tion Date sel forth above) and shall continue through the I..t day of Lessee'. fi.cal year in which Ihe Delivery Date OCCijr. and, thereafter" .hall
automalic.llybe eXlended for .ucc..sive annual period. COinciding with Le....'. filcal ye.rs, If the Delivery Date i. not on or prio,r 10 th. Credit Utilization Date. Le.see
.h.ll, at the oplion of Le..or, ...ume L.slor'. oblig.tion. to purchase and p.y for the Unil. Within ..v.n d.y. following the Delivery Date of e.ch Unil, LeSl.e .h.ll
.xecute and deliv.r ro Le.sor . Delivery Suppl.ment using LeSlot'l .tandard fonn. In th. .v.nt no fund. or in.ufficienl fund. .re appropri.ted and budg.t.d or ar.
otherwi.. not .v.i1.bl. in any fisc.l y..r for p.yments due under this Le..., Lessee will immedi.tely notify !.elsor of ,uCh occurr.nC' and this L...e .hall I.nnin.t. on
Ih. t.1I d.y of the li.cal year for which appropriations were T\!c.iv.d without p.n.lty or expense ro Les.ee, .xcepl .. to Ihe pOrtion. of payments hCT\!in .gre.d upon for
which fund. .hall have been .ppropri.ted .nd budget.d or.re otherwise av.H.ble. Notwith.tanding Ihc foregoing,L...... .gree. thaI, to the .xtent permitt.d by law, it
will not cancellh. Le.le und.r the provi.ion. of this S,clion I if any funds .re appropri.ted \0 it or by il for th. acqui.ition, retention or operation oflh. Units or oth.r
equipment perfomUng function. .imitarto the Units for the filCal y..r in which termin.tion ocCurs or the n.xt .ucc.eding fi.cal ye.r,
2. PAYMENTS;.NET LEASE: During the Leaaet.nn. Le.sec Ih.lI pay to Le.sor, alPO Box 100647 p...dena, C..... 911894>47, rent for .ach Unil" .t.ted in the
attach.d paymenl Schedule and according to the .bov. P.yment Provi.ion. An amount cqu.llo on. payment for all of th., Units mUlt IlCcomp.ny,lhi. Le.I.. If LUlor
accepts and ...'"'ut.. this Lease, said .mounl .h.lI be .ppli.d to th. first payment du., If Les.or do.. notex,",ute thiILe..., .aid .mount will be retum.d to L...,ee. If
Le.sor does not T\!ceiv. a payment on th. dat. it is due, Le.."" .b.lI p.y ro L...or, on d.mand, . l.te payment charg. .qu.1 to th. I....r of five percent (5%) of the
payment not p.id when due or the high..t ch.rg. allowed by law, which.ver i. I..s. Thi. L.... i. a n.t I..... .nd LeSl.e .h.1l not b. entitl.d ro any .b.tement or
redu.tion of payment or any .etolI ag.in.t p.yment, wh.ther .ri.ing by re.son of any p..t, pre..ntor future c1.itlll of .nyn.tur. by !.e0l.. .gainst L...or or otherwi...
Exc.pt .. otherwise expreSlly provided h.rein, Ih. obligation. of !.e..orand Le..e. .hall not be aff.ct.d by an d.f.c,! in, d.mag. to, 10.. of pos....ion or use of any Unit,
how.v.r c.u.ed, by the .ttachment of any lien or other cl.im to .ny Unit, by any interf.renc. with te"'C'1 u.. of the Unit, or for .ny othcr cause, wh.ther, .imil.r or
di..imilar to the foregoing. .ny pre.ent or future l.w to th. contrary notwith.tanding, .
3. DISCLAIMER OF WARRANTIES: Le..e. acknowl.dg.. and .gree. th.t Le..or il not th. manuf.cturer of the Unil(') and that Le..e. h.1 .el.ct.d ..ch Unit b...d
Oil L.sI.... own judgm.nt wilhout.ny reli.nce what.oev.r on any ltat.ments or repre..ntation. mad. by L...or. AS BETWEEN LESSOR AND LESSEE, THE UNIT(S)
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, LESSOR HEREBY EXPRESSLY DISCLAIMS .) ALL WARRANTIES OF
MEllCHANrA8!UTY, 1>) A.LL WAlUl.A.NTIIOS OF FITNESS FOR A PARTICULAR PURPOSE, AND .) ALL WARRANTIES AGAINST INFRINGEMENT OR
THE LIKE, Le.sor assien' to Lesse. its interest in any of the manufacturer'a warranti.. on the UnilS(s).
4. POSSESSION, USE AND MAINTENANCE: LeOl.. Shall nol la) Ule, operate, maintain or store any Unit improperly, carel...ly, un..f.ly or in violation of .ny
.pplicabl. I.w or r.gul.tion or for any pUlJ>ose other th.n in the conduct of Lesl.e'. bu.iness; (h) abandon any Unit; (c) sublea.e .ny Unit, permitth.u.. of .ny Unit by
anyone olher than Le...., chang. the use of any Unit from Ih.t lpecifi.d in th. .ttach.d Applic.tion Survey/U..ac Rider, orcllang' the looationof any Unit from th.t
.pecified .bov., without Ih. prior written OOMent of L...or, Or (d) s.lI, ...ign or tran.fer, or directly or indir.ctly cre.t. or lulI.r to e..i.t any lien, cl.im, s.curity intere.t
or encumbr.nc. on any of its right. h.reulld.r or in .ny Unit. The Units.re and .hall remaio person.1 property i"".pectiv. ofth.ir u.. or mann.r nf au.chmentlO re.lty.
Upon prior Ilotice to L....., Le..or or its agent .h.n h.v. th. righl (bul not the obligation) .t all re..on.blc time. to inlpect .ny Unit and maintenance record. rcl.ting
Iher.to, l..... Ihan, .t its ...pen.. .nd .1 .11 time. during Ih. Leale term, maintain Ih. Units in good operating ord.r, rep.ir .nd con,dition .nd lhan p.rform m.inlenanc.
all...t.. fr.quently a. ..1 forth ,in .ny applic.ble op.rator'. guid., lervice manu.l, .nd lublic.tion and maintenance guide for th.Units, L..se. .hallnol alter .ny Unit or
affix .ny .cce..ory or .quipment to .ny Unit if .uch .Iteration or addition would impair thc originally int.nded function or use or reduce th. v.lu. of .uch Unit. Any
.Iteration or addilion to .ny lIni1.h.1I be Ih. r..ponlibility of and .tth. .01. ri.k of L.slO.. All parts. IlCC...Oriu and .quipmenl.m...d 10 any Unit .h.lI be lubj.ct 10 th.
.ecurity interell ofL.ssor grant.d hereunder. If L...or suppli.. L.slOc wilh I.b.ls Itating thatth. Unil i. l....d from L...or, Le.... .h.lI .ffix and k.ep th.m in ·
prominent place on Ih. Unit.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED AND EXECUTED COpy OF THIS AGREEMENT
Lessee: CITY OF BOZEMAN, MONTANA Le..or: CATERPILLAR FINANCIAL SERVICES CORPORATION
By J. 1- By
Name (PRINl) r.l a rk V. Johnson N.m. (PRlNl) It! '('! "
(""1...-'"
:: ~::: :'";:; : c /jll? /;]
~_IW. Q01Ir,s.IO,1I1 "",Iltl .-IIkHU II~AI7:~J~9,j~ AM CT
""" . -~,
CATERPILLAR~ Caterpillar Financial
Services Corporation
2120 West End Avenue
P.O. Box 340001
Nashville, Tennessee 37203.0001
July 3, 2003 USA
CITY OF BOZEMAN
P,O,BOX 1230
BOZEMAN, MT 59771-1230
Contract Number: 001-0255671-000
Dear Customer,
We are pleased to welcome you as a Caterpillar Financial Services Corporation customer.
Thank you for choosing us as your financing source.
It is important you use the envelope provided with your billing to mail your payment. A
special address, printed on the envelope, will assure prompt application of your payment
to your account.
To begin your payment process, you will receive an invoice from us approximately 10
days prior to your payment due date.
Always remember to write your contract number on your check to ensure proper payment
application.
If your contract is entitled 'Long Term Rental Agreement' please be aware that section 6
of the contract, entitled 'Taxes,' contains important information. Specifically, the contract
provides that you are responsible for reimbursing Cat Financial for all personal property
taxes that are due on the equipment. Please note: Cat Financial will report and pay ALL
personal property taxes directly to the appropriate taxing authority. Cat Financial will
then bill you for the amount of the taxes paid.
We appreciate the opportunity to be of service to you. Please take a moment to verify
your name and address on the enclosed documents, as well as your billin address as
listed above.
Sincerely,
Documentation Services
:,,'P' : - -,.~ . ..-.--..--....-.-- -_.~--,._._-
"''''''e' :
PURCHASER'S ORDER
1!lrCTOR
l5efQu,PMENT CO- Date May 6, 2003
Quotation No.
p BILLINGS, MONTANA GREAT FALLS, MONTANA WILLISTON, NORTH DAKOTA
s u 4Q6.656.{)2()2 406-761-7900 701.572-8377
0 R I ~
L c City of Bozeman landfill
0 H Nlml
A
T S Adlha t,~";
0 E ,
R Bozeman Mt.
Cly sr ZIt ":,:":,,
I' CusIlIIM'1'la: ~ I IIlllliIlIy Code: I Ship VIa: I Slip DB' I
Tractor & Equipment Co, ('Seller") agrees to sell to Purchaser, and Purchaser agrees to purchase the equipment hereinafter
described (the 'Equlpmentj, pursuant to the terms Ind condIllons set foIth In this Purch8S8l's Order (the 'Order").
ARRA. NO DESCRIPTION ARRA, NO DESCRIPTION
One new 2003 Caterpillar IT62G II, 23,5R25~HA
MXL3 tires, directional lights, auxiliary light package,
AC, air suspension seat, ride control, waste . GVlIlnh.' ......an:
arrangement" electric actuator4 3 ~aIove, hydrau":I,,': " '....1.130..00
_.u__ "..."..''4IIIf:IIifttliiitft '~'1Oid8r' ," ',: ."." V,., 2$110,000.00
. ~ ,_ , ,.IJ.", ".,' ,j', ,
,'.:-':':::'': with edge, 60. pallet forks, .58f antifreeze, radio, V.., 3 $ 94,000.00
Kenwood TK-880K two radio installed with antennae,
service manual, plus all standard features.
SN
Sale Price, Bid Nov. 12, 2002 $198,914.00 Three year lease through Caterpillar Finance @ 4% APR wKh
Original bid was for a IT62G, you will receive the Annual Payments of $40.053.55, 1" advance, $250.00 doc
IT62GII that includes the following additional Items: Fee, balloon of $94,000.00 due at the end of the contract,
Electronically controlled engine, extreme service front
driveline, electronically controlled hydraulically driven
temperature sensing on demand fan, electric fuel
priming pump, unit core radiator 6 fpi with ATAAC, air
inlet heater starting aid, free wheel stator torque
converter, product link ready, axle oil temperature
indicator, engine inlet manifold temperature indicator,
fuel pressure hi/low indicator, transmission bypass
filter indicator, 3 aux. hyd valve. Diverter valve ILO 4tll
valve.
DESCRIPTION OF TRADE-INS No trade Serial No. Value TOTAL $ 198.914.00
$ LESS: Trade.ln $ 0
Effective when this Order is accepted by Seller. Purchaser hereby sells and $ LESS: Down Pm!. $ 0
transfers the above described property to Seller. Purchaser represants that this Less: Lien(s) PLUS: Sales Tax $ 0
property is free and clear of liens eXC6pt:
TRADE-IN PLUS: Freight $ 0
Seller may cancel this Order if any liens not shown are found to exist. AllOWANCE $ NO
F.O.B. TRADE BALANCE F.O.B. $ 198,914.00
Bozeman, Mt.
1. T tI'IIIS of P.yment. Purchaser agrees to pay the balance shown together with any appHcable sales, use Ind similar taxes and govemmental charges that are not included within the
above balance and that are payable by reason of the sale of the Equipment (the 'Unpaid Balancej, as follows: ,-
Ail payments shall be made to such address as Seller from lime to time provides to Purchaser. If any amount of the Unpaid Balance Is not paid when due, Purchaser agrees to pay Seller
a charge calculated thereon at the rate of 1.25% per month from the date when the delinquent amount was due. or, at Seller's option, a charge equal to 5% of the delinquent amount,
provided thlt the charge shall not exceed the amount the Purchaser can legally Obllglte Itself to pay and Seller can 1eg.11y collec!.
2. Additional Terms .nd Conditions. This Order is subject to the ADDITIONAL TERMS and CONDITIONS SET FORTH ON THE REVERSE SIDE. Including but not limited 10
DISCLAIMER AND RELEASE AND EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES, an of which Purchaslr has read and understands and agrees to. The tenns and
conditions on the front and reverse sides of this Order, together with any agreements entered Into pursuant to Paragraph 4, constilute the entire Igreement of "Seller and Purchaser with
respect to the subject matter of this Order. Purchaser acknowledges that aU of such lenns and condKlOns, Including but not limited to such LIMITED WARRANTY AND DISCLAIMER and
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES, were freely negotiated and bargained for wKh Seller and that Purchaser has agreed to purchase the Equipment subject to
these tenns and conditions. SELLER'S ACCEPTANCE OF THIS ORDER IS EXPRESSLY CONDITIONED ON PURCHASER'S ASSENT TO ALL OF SUCH TERMS AND CONDITIONS,
ANY ADDITIONAL OR DIFFERENT TERMS OF CONDITIONS WHICH MAY APPEAR IN ANY COMMUNICATION FROM PURCHASER, INCLUDING BUT NOT LIMITED TO ANY
SEPARATE DOCUMENT SUBMITTED BY PURCHASER IN CONNECTION WITH THE PURCHASE OF THE EQUIPMENT, ARE HEREBY OBJECTED TO AND SHALL NOT BE
EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN WRITING BY SELLER'S SALESIBRANCH MANAGER AND APPROVED IN WRITING BY SELLER'S CREDIT
DEPARTMENT.
3, Addition,l M'ttlrs ,nd/or Modlflc.lIon: EXTENDED WARRANTY month. hours. AS-fS LOSS PAYABLE ,
36 months/GOOO hour total machine warranty excluding attachments, Conditions apply stated on the warranty disclosure statement.
Additional Terms and Conditions on Reverse Side-IMPORTANT TO READ
ACCEPTED:
TRACTOR & EQUIPMENT CO.
(SeUer)
By: CITY OF BOZEMAN, MONTANA
SaleslBranch Manager Date: (Purchaser)
By: 1 -1- June 9, 2003
Credit Department Date:
By: Agenl DatI
By:
Sales Representative Date:
Agent ackJ1(M'ledges that h&'she has read and understands, and agIll8S on behaf of PtrchaIer, to the terms and conditions of lhls Order, including but not Umlted to II1e DISCLAIMER AND
RELEASE and EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES set forlh on the reverse side, and IhaI heIshe is aJltloriz6d to execute this Order on behalf of Pun:has6r.
PItIM Set RwwM
------.----
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
... Under Internal Revenue Code section 149(e) OMB No. 1545-0720
(Rev. November 2000) .. See separate InstnlCtions.
Department or the Treasury Caution: If the issue price is under $100,000, use Form B03B-GC.
Internal Revenue Service
Re ortin Authorit If Amended Return, check here ... 0
1 Issuer's name 2 Issuer's employer identifICation number
City of Bozeman 81 : 6001238
3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number
411 East Main Street 3
5 City, town, or post office, state, and ZIP code 6 Date of issue
Bozeman, MT 59771 05-07-2003
7 Name of issue 8 CUSIP number
Caterpillar Financial
9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number or officer or legal representative
( )
Iicable box(es) and enter the issue rice) See instructions and attach schedule
0 11
0 12
0 13
0 14
0 15
0 16
0 17
18 198,914.00
...0
(e) Stated redemption (lI) Weighted (e) Yield
price at maturity average maturity
N/A 4.0 %
underwriters' discount
22 Proceeds used for accrued interest . N/A
23 Issue price of entire issue (enter amount from line 21, column (b)) . 198,914.00
24 Proceeds used for bond issuance costs (including underwriters' discount) 24
25 Proceeds used for credit enhancement . 25
26 Proceeds allocated to reasonably required reserve or replacement fund 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total (add lines 24 through 28) . 0
30 Nonrefundin roceeds of the issue subtract line 29 from line 23 and enter amount here . 198,914.00
Oescri tion of Refunded Bonds (Com lete this art onl for refundin bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded .... N/A years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded .... years
33 Enter the last date on which the refunded bonds will be called . ....
34 Enter the date(s) the refunded bonds were issued ...
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
b Enter the final maturity date of the guaranteed investment contract ...
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box'" 0 and enter the name of the
issuer ... and the date of the issue ...
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ...0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ...0
40 If the issuer has identified a hed e, check box "'0
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct. and complete.
Sign ~ -l j - - Clark V. Johnson
Here June 9, 2003 ~ City Manaaer
Signature of issuer's authorized representative Dille Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 537735 Form 8038-G (Rev, 11.2000)
&)
EXHIBIT 2 (multiple assets)
Concluding Payment Scbedule to
Governmental Agreement
Dated ,20_
between
Caterpillar Finaneial Services Corporation
and
City of BoulIlan
Description of Unit: I Caterpillar IT62G serial # A Y AOO122
Number
of
Payments Beginning Payment Interest Concluding
Made Balance Amount 4.00000% Payment (*)
I 199,164.00 40,053.55 0.00 t 59.110.45
2 159,110.45 40,053.55 6.364.42 125,421.32
3 125,421.32 40,053.55 5,016.85 90,384.62
4 90,384.62 94,000.00 3,615.38 0.00
214,160.65 14,996.65
" _' r_' . n .n._ ----. .-..--..------
.- , .
(*) Docs not include any rent payment or other amount then due. \
Initialed. 1
(Lessee )
Cat Quote Software 8.02 465-401 Page I Caterpillar Financial Services Corporation
CUSTOMER INFORMATION VERIFICATION
In our efforts to continue providing timely customer service, we need your assistance confuming the following information. If any information is
incorrect or missing, please note the necessary changes below and return this form with your signed documents. Thank you in advance for your
cooperation.
Current Information on file Please make corrections here
Customer Name: CITY OF BOZEMAN, MONTANA
Physical Address: 411 EAST MAIN STREET
BOZEMAN, MT 59771-1230
Mailing Address: P.O. BOX 1230
BOZEMAN, MT 59771-1230
Equipment Location: PO Box 1230
BOZEMAN, MT 59771, GALLATIN
Business Phone: (406)582-3200
Fed. ID # or SS #: 81-6001238
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate: 0
(Please note: Sales Tax
Rate, includes all
applicable State, County,
and City sales tax)
City Limits Asset outside the City Limits? YeslL No_
Tax Exemption Status Please indicate if you are tax exempt.
If you are tax exempt - please enclose a current
tax exemption certificate to be returned with
your documents - Not needed by CFSC if dealer
ISC
Other Information:
Fohn No. ClIVER09(I)3t(J~ 465401 051{)7I100l 9;].4 AMCT
To: Caterpillar Financial Services Corporation
OPINION OF COUNSEL
Re: Governmental Lease-Purchase Agreement
Dated as of (the "Lease")
Between Caterpillar Financial Services Corporation ("Lessor") and
CITY OF BOZEMAN, MONT ANA ("Lessee").
SirlMadam:
1 am an attorney for Lessee, and in that capacity I am familiar with the above. referenced transaction, the Lease, and
all other documents pertaining to the Lease.
Based on my examination of these and such other documents, records and papers and matters of fact and law as I
deemed to be relevant and necessary as the basis for my opinion set forth below, upon which opinion Lessor and any
subsequent assignee of Lessor's interest may rely, it is my opinion that:
1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and
laws of the State of Montana and is authorized by such Constitution and laws to enter into the transaction contemplated
by the Lease and to carry out its obligations thereunder.
2. The Lease and all other documents contemplated by the Lease have been duly authorized, executed and delivered
by Lessee and constitute valid, legal and binding obligations and agreements of Lessee, enforceable against Lessee in
accordance with their terms.
3. The person or persons who have executed and delivered the Lease, and all other documents contemplated by the
Lease were authorized to do so on behalf of Lessee.
4. No further approval, license, consent, authorization or withholding of objections is required from any federal, state
or local governmental authority with respect to the entering into or performance by Lessee of the Lease or the
Schedules(s) and the transactions contemplated thereby, and Lessee has sufficient appropriations or other funds
available to pay all amounts due under the Lease for the current fiscal year.
5, The interest payable to Lessor by Lessee under the Lease is exempt from federal income taxation pursuant to
Section 103 of the Internal Revenue Code of 1986, as amended.
6. The entering into and performance of the Lease and all other documents contemplated by the Lease will not
conflict with or constitute a breach or violation of any judgment, consent decree, order, law, regulation, bond, indenture
or contract, applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any
lien, charge, security interest or other encumbrance upop. any assets of Lessee or the units leased under the Lease
pursuant to, any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a
party or by which it or its assets may be bound.
7. There is no litigation, action, suit or proceeding pending or, to the best of my knowledge, threatened against or
affecting Lessee in any court or before any governmental conunission, board, agency, arbitrator or authority which, if
adversely determined, will have an adverse effect on the ability of Lessee to perform its obligations under the Lease. In
addition, I am not aware of any facts or circumstances which would give rise to any litigation, action, suit or proceeding
relating to or potentially adversely affecting the ability of the Lessee to perform its obligations under the Lease.
fQnn 1\10. OCOQ(IR-S,I'jI) ~j"OI 05107fZOOJ 9:34 AMCT
-.-.--....-.-.....-..". .. .---.---....-.-....---.--.--.--.-..-.--..---.-.-----
8. The units leased under the Lease are personal property and, when subject to use by Lessee, will not be or become
fixtures under the laws of the State of Montana.
9. The authorization, approval and execution of the Lease, the Schedule(s) and all other documents contemplated by
the Lease and all other proceedings of the Lessee related to the transactions therein and contemplated thereby have been
performed in accordance with all open meeting laws, public bidding laws, and all other applicable laws of the State of
Montana.
10. The Lessor will have a perfected security interest in the Units upon filing with the Secretary of State for the State
of Montana and/or the of at the time of acceptance of the
Units of an executed Uec.l or other fmancing statement.
Yours sincerely,
Name (P Day-Moore
Title: Staff Attorney
Date: June 11, 2003
Address: P.O. Box 1230
Bozeman, Montana 59771
Telephone: (406) 582-2309
Fonn No. OCIiOO~-$I')] ~6H(H OSlO7l]003 9:H AMCT