HomeMy WebLinkAbout02- Caterpillar Financial Services Corporation; 963C - Lease-Purchase Agreement
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" CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE.PUr.CHASE AGREEMENT
, .. . Dateda.of I /?- '''/CL
LESSEE: CITY OF BOZE:\IAN. MONTANA LESSOR; CA TERI'ILLAR FINANCIAL SERVICES CORPORA no:",
"A political agency or subdivision of the State of Montana" J<- d.b I Lilt
ADDRESS: 411 EAST MAIN STREET ADDRESS: 2120 West End Avenue
BOZEMAN. MT 59771.0640 Nashville, TN 37203
Lessor, in reliance on Lessee's selectlon of the equipment described below ('IUnitU or "Units")j agrees to acquire, tease, let and sell the Units to Lessee, and Lessee agrees to
rent. lease. hire and purchase the Units from Lessor.
Description of Unlt(.) S.rlal#
(I) New 963C Caterpillar Track Loader 20S02463
Localion of Unll(.): 411 East Main Steet
BOZEMAN, MT 59771. GALLATIN
Payment Seh.dule attaehed. Lcase Tenn: 36 Month. Utilization Date: May 17, 2002
r.-\ \'MENT PROVISIO:'i: 1(( 1-7~) l,.,
Lessee shall pay 10 Lessor paymenlS (including Ihe principal and inIeresl portion) in 3 conseculive annual inst,IImellls commenoing
ADDITIONAL PROVISIONS: RIDERS: ,
TERMS AND CONDITIONS
1. LEASE TERM; NON-APPROPRIA nONS: The Lease term for each Unit shall commence on its "Delivery Dale" (which is the tater of the date on which (a) Lessor
executes this Lease, (b) I.essor takes title to the Unit, ~)r (c) lessee or its agent receives pO:ii$es!lion or takes control of the Unit, provided the Oelivel'Y Date is on or prior to
tbe Crcdit Utilization Date set forth above) ',nd shall continue thl"Ough the last day of Lessee's fiscal year in which lhe Delivery D.te occurs and, lhereaner, sh.1I
.utomatically be exlended for successivc annual periods coinciding wilh Lessee's fiscal years, If the Delivery Date is not On or prior to lhe Credil Utilization Date, Lcssee
shall, a~ the option of Lessor, assume Lessor's obHgations to purchase and pay faT the Unit, Within seven days following the Delivery Date of each Unitj Lessee shall
cxecute .nd deliver to Lessor a Delivery Supplement using Lessor's slandard form. In the evenl no funds or insufficient funds are appropriated and budgeted Or are
otherwise not availahle in any fiscal year for payments due unde,' Il,is Lease, Lessee will immedialely notify Lessor of such occun'ence and this Lease shall terminate on
the last day of the fiscal year for which appropriations were received wilhont penalty or expense to Lessee, except as to the portions of payments hcrein agreed upon for
which funds shall have been appropriated and budgeted or are otherwise available, Notwithstanding the foregoing, Lessee agrees that, to the exlent permitted hy law, it
will not cancel the lease: under ,the provisions of this Section I if any funds are appropl'ia.ted to it Or by it fOl' the acquisition, retention or operation of the Unils or other
equipment performing functions similar to the Units for the fiscal year in which tClmination. 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 lbr eaoh Unit as staled il1 the
attached PayJ'nent Schedule and according to the above Payment Provision. An amounl equal 10 one payment for all of the Units muSt accompany this Ll.':ilSe, If LessQI'
accepts and cxecutes this Lease. said amount .h.1l be applied to the I1rst payment due. If Lessor does not execule this Lease, said amount will be returned to Lossee, If
Lessor does not .'eceive a payment on the date it is dne, Lessee shall pay to Lessor, on demand. a tate payment charge equal to the lesser of lIve peroent (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 abalemelil l)t'
reduction of payment or any setoff a.gainst paynl.ent, whethet arising by reason 'of any past, present or' future claims of any nature by Lessee against Les50r or otherwise.
Except as otherwise expressly provided herein, dle obligation. of Lessor and Lessee shall not be alTecled by an defeet in, damage to. loss of possession or use of any Unil.
however caused, by the attachment of any lien or other c.laim to ilny Unit, by allY interference ,with Lesseels use of the Unit, or for any other cause,' whether similar or
dissimHal'to the foregoing, any present or future law to the contrary notwithstanding,
3. DISCLAIMER OF W ARRANTlES: Lessee ackl10wledges and agrees that Lessor is not the manufactnre,. of the Unites) and that Lessee has selected each Unit based
Oil Lossee', ,,\\'n judgmcnt "iIhout .ny rehanco "hatsoever Oil any statemoillS or representations "",de by Lessor, AS BETWEEN LESSOR AND LESSEE. THE UNIT,S)
ARE PROVIIJED "AS IS" WITHOUr,ANY WARRANTIES OF ANY KIND. LESSOR HEREBY EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF
MERCHANTADII.lTY, b) ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND c) ALL WARRANTIES AGAINST INFRINGEMENT OR
THF LIKE. Lessor as:Jigl'1s to Lessee its interest in any of the manufacturer's warranties on the Units(s).
4. POSSESSION, USE ANI) MAINTENANCE: Lesseo .hallnot (a) use, operate. maintain or store any Unit improperly. cal'elessly, uils.fely 01' III viol.tlon of .ill ~
apphcable law Or regulalion or for any purpose other than in the conduct of Lessee's business; (b) abandon any Unit; (c) sublease any Unit, pcrmit the use of any Unit by
anyone otht':I' than Lessee, change the use of any Unit from that spccit1ed in the attached Application Survey/Usage Rider, or c.hange the location of any Unit from that
spcc:itled above. without thiC prior written consent of Lessol', or (d) stll, assign or lransferj or directly or indirectly create or suffer to exist any lien, claim, secul'it)' interest
or encumhrance on any of its rights herennder or ill any Unit, The Units are and shall re"",in personal property iIrespectivc of their use or manner of auacbment to realty.
Upon prior notice to Lt:ssee. Lessor or its agent shall have the right (but l10tthe obligation) at all reasonable times to inspect any Unit and maintenance records relating
thereto. Lessee shall, at its expense and at all limes dnring the Lease Ienn. maintain the Units ;n good operating order, repair and condition and shall perform maintenance
a,least as frequently as set lbrth in any applicahle operator's guide. service manual, and lubricalion and "",intenance guide for the Unils, Lessee shall not alter any Unit 0"
affix any accessory Or equipmenl to any Unit if .uoh alreration or addition would impair the ol'iginally intended function or ose or reduee the value of such Unit. Any
alteration 01' additi"n t" any Unit shall be Ihe responsibility of and at tbe sole risk of Lessee, All parts, accessories and equipment aft1xed to any Unit shall be subject lO the
3~:m.;ty i..t:rcst of Lessoi giiO.ntcd hercur.def. If Lessor ,:l.uppli~~ L;sscc "i"ith labcl3 3tatin~ that tho: Unit Li l~llscd from L~ssor, Lessee shsl: anix .md k\l;cp th\:m in a
prominent place on the Unit.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETEI) AND EXECUTED COPY OF TtUS AGREEMENT
Lessee: CITY OF BOZEMAN, MONTANA Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By --61 - By ".iidm.,1 M \!1I~H(l
N.me (PRINT) Clark v. Johnson Name (PRINT~....,J'Z;: il, ." 1-
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Title City Manaoer Title L\.~curr,o;lt3tion Mg,nagpr
Date Aoril 2. 2002 Date 0.( ( }/"'1 11(1...
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CUSTOMER INFORMATION VERIFICATION
In our dImlS to "onlinue providiug timely ~ustomer service, we need your ,!"istance eonfirming the following information- If (lilY inf0l11l~tion is
incorrect or missing, please note the necessary changes below and return this form with your signed documents. Thank you in advance for your
cooperatioll.
Current Information on file Please make corrections here
Customer Name: CITY OF BOZEMAN, MONTANA
Physical Address: 411 EAST MAIN STREET
BOZEMAN, MT 59771-0640 Bozeman, Montana 59715
Mailing Address: P.O. BOX 640 P.O;Box 1230
BOZEMAN, MT 59771-0640 B02eman; 'Montana I)Q771..1230
Equipment Location: 411 East Main Steet
BOZEMAN, MT 59771, GALLATIN
Business Phone: (406)586-3321 (406) 582-3200
Fed. ID # or 55 #:
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? Yes_ 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 Infornlation:
rn""Na,ct!Ii~2"'Ij.lill ~jll~1 IIJllH,jIHI1 ',J~ /"Ml :'1
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Option B
I elect to obtain my own insurance on the equipment shown on the reverse side from the
following agent and insurance company. I understand that the processing of this
transaction will be held pending receipt and verification of this information.
Customer Name CITY OF BOZEMAN, MONTANA
Dealer Name TRACTOR & EQUIPMENT CO
Insurance Agent MMIA
Agent Address 417 North Benton
P.O. Box 785
Helena. Montana 59601
Agent Phone # UlQQJ 635-3089
Contact Person Bob Worthinaton
Insurance Policy# N/A
Signed By \-\
Fonn ~o C1SCTNSf.6/01 Deal~ Calk E4Q() 940~1 03/18.'2002 L~.I\ f'M('1"
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DELIVERY SUPPLEMENT
This pertains to the Lease, dated as of '11c..J C~L , between Caterpillar' FinancillTservlces --...-.-... -~,..
Corporation as Lessor and CITY OF BOZEMAN, MONT ANA as Lessee.
This confirms that the Lessee physically received the following Unit on the possession date below. As of the date ,of
signarure of this form, (i) the Unit is 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:
(1) 963C New Caterpillar Track Loader
20502463
Location: BOZEMAN,MT
County: GALLA TIN
Equipment Located: Inside x or Outside ~ City Limits
Possession Date: ":,'" 2 g., (.1"'L
CITY OF BOZEMAN, MONTANA
Signa~
Name (PRINT) Clark V. Johnson
Title City Manager
Date April '2. 2002
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C.l.TERPILLAR@
MANUFACTURER CERTIFICATE OF ORIGIN
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KEEP IN A SAFE PLACE.. ANY ALTERATION OR ERASURE VOIDS THIS CERTIFICATE.
E400
Form No. 01olHl8782.o:l (1000) 071404
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Manufacturer makes no claims or warranties and expressly disclaims any knowledge or responsibility as to the accuracy or effectiveness if any assignments
of this certificate
For value received, the undersigned transfers the unit described on the face of this Certificate on April 1 2007 to:
Name of Purchaser(s) r.i t.y of Bozeman
Address PO Box 640; Bozeman MY 59771-0640
and certifies under penality of law, that statements made herein are true and correct to the best of my knowledge, infonnation and belief, warrants
ownership of said unit, and the units is subject to the following security interests and none other:
Amount of Uen Date of Lien Kind of Lien In Favor of
233,125.92 4 23 02 Gov Lease Caterpillar Financial
I- Service Corp
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Date No. Sy Title
For value received, the undersigned transfers the unit described on the face of this Certificate on 20 to:
Name of Purchaser(s)
Address
and certifies under penality of law, that statements made herein are true and correct to the best of my knowledge,infonnation and belief, warrants
ownership of said unit, and the units is subject to the following security interests and none other:
Amount of Lien Date of Lien Kind of Lien In Favor of
o!z Uenholder's ....
ZW Address
8~ Seller By Authorized ~ture
wS2 Name
en en Being duly sworn upon oath says that the statements forth are
fJ) State of
0<:( true and correct. Subscl1bed and sworn to before me
County of this day of 20_
Notary Public Notary Seal
USE NOT ARIZA TION ONLY IF REQUIRED IN JURISDICTION
CANCELLATION OF SECURITY INTEREST
Date No. Sy Tille
For value received, the undersigned transfers the unit described on the face of this Certificate on 20 to:
Name of Purchaser(s) -.. ,- --~~---. ,.- ~ --- .-- . . "~",._,.,.~""",,,-.-".'" , ,...-:'-.~~-""""" ~ _.,_".__.___n,__., ~ -<,--.
Address
and certifies under penality of law, that statements made herein are true and correct to the best of my knowledge, infonnation and belief, warrants
ownership of said unit, and the units is subject to the following security interests and none other:
Amount of Lien Date of Uen Kind of lien In Favor of
I- =r'S ....
Z
OW
c:::ii:
-z Seller By
FS2 Name Authorized Si ture
en BeIng duly sworn upon oath says that the statements zrforth are
~ State 01 true and COII"eCt. Subscribed and sworn to before me
County of this day of 20_
Notary Public Notary Seal
USE NOT ARIZA TION ONLY IF REQUIRED IN JURISDICTION
CANCELLATION OF SECURITY INTEREST
Date No. By Title
Record additional re-assignrnenls on 'Supplernen\ary AssIgnment Fonn"
When use of SUpplementary AssVUnent Fonn is initated rllCOId number here
'Supplementary Aeelgnment Fonn is avallable from dealer or manufacturer
FOITIl No. 01.088782.03 (1000)