ORDER NO.c744@ AF'GROVRt_ AUTHORIZING CO. JUDGE TO SIGN LEASE WITH CATERPILLAR On this the 2Gth day of February E~O:_r upon motion made by Commissioner Paldwin, seconded by Commissioner Williams, the Co~ar•t unanimously approved by a vote of 4-@-@, the County Judge to sign the lease with Cater^pillar• Financial Services Corpor-ation and it's relative to motor^ gr•ader• 4XM@31@1. COMMISSIONERS' COURT AGENDA REQUEST - PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston P.E. OFFICE: Road & Bridge MEETING DATE: February 25.2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Annrove Jud a signing Holt Contract for Motor Grader bid awarded October 22 2001 Court Order # 27302 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screerred by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. 12-06-2001 10~29RM FROM KERR CO CLERK OFFICE TO 98968481 P.02 ORDER N0. 27302 ~ ROADRRNDGBRIDGE On this the 22nd day of October 2001, upon notion by ~l Commissioner Griffin, seconded by Gomaissiener Letz, the Court unanimously approved by a vote 4-0-0, to award the bid for two ' motor- graders with scarifirrs to Holt Equipment Company, and I ~ that the Court award the bid for the 1-ton truck equipped with i I ~ tvlvseopic aerial bucket to Convercial Body Corporation. I ~, 70Ti~ P.02 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOC[JMIIVTS TO BE REVIEWED BY THE COURT. MADE BY: ~J t ~ I ~ ~O'~L~Pi`~ MEETING DATE: ~ ZS O2 OFFICE: ~.P~-A1~`{ ttT"t'Or2A~~ TIME PREFERRED: ~ /NO,~.f/!NH SUBJECT: (PLEASE BE SPECIFIC) (+~~~l~ , ~A~~ C'ol~'IriLll4y/a./P~s/(,'p~,~ k~Gt ~,~,p (,~~1 ~~c,~r~ ,E'~/,lf~,~ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: ~-T 2 miNuT~s Time for submitting this request for Court to assure tbat the matter is posted in accordance with Title 5, Chapte 551 and 552, Govemmeat Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has beet prepared for the Court's formal consideration and action at tStne of Court Meetings. Your cooperation will b. appreciated and contribute towards you.request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. Memorandum To: Judge Fred Henneke From: David Motley Date: February 19, 2002 Subject: Caterpillaz Lease In reviewing the Caterpillar lease and the relevant court minutes, etc., I discovered that although the court unanimously voted on October 22, 2001 to accept the lease, they neglected to authorize you to sign same. It is my hope that we can rectify that situation at the next Commissioners Court meeting on February 25, 2002 so we can get the lease to Caterpillar Financial Services Corporation as soon as possible. Please advise if you have any questions in this regard. DM/s cc: Commissioners' Court file Judge Henneke file Road & Bridge File C'ATEIFPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT ' Dated as of IJiSS.FF KEIiR COpIN'TV, TEXAS LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATION "A political agency or subdivision of [he State of T..a=' ADDRESS: J00 MAIN ST RM 10: KERRVILLE, TX 780 Isssor, m reliance on Lessee's select rent, Icase, hire and purchase ilia Uni Deacriptlon of Unlr(a) fDNely - 12H RETURN COPY 2120 West End Avenue Nashville, TN 1720] ~ acquire, Icase, let and sell the Unns ro Lessee, and Lessee agrees to SerielN 4XM07101 Locution of Coigs): 7UOMNN ST ' Kt'RR VII I E TK 73U'A. KERR Pavrnenr Schedule eharhetl. Lease Term. 60 Months Utilization Date: March 12, 2002 PAYMENT PROVISION: Lessee shall pay [u Lessor payments (including the principal and interest portion) in 60 consecutive monthly installments .iUU111DNAL YROV Ig[ONS: RmERS: TERMS AND CONDITIONS 1. l EASE TERiYI: NON-AYPRIIYItIA f1UV5: the Lease term for each Unit shall commence un ˘s "Dcbveiy Date" (which rs the later of the date on which la) Lessor exenues [hu lease flit Lrssci takes title [o Nc l mtl, nr Icl I essee or its agem revalues possession or takes con[rel of [he Umt, provrdetl Ne Delivery Dos is tin ur prior m :he Credit Utilization Date set forth above) and shall cominue through the lest day of Lesstt's fiscal year in which the Delivery Dale occurs and, thereaRer, shall .uwwuicauy oc v. rui w... amuial per wds cuwndmg wnh lossee's ItSCaI yeah. II the Uelrvery Date is rim on or poor to the Credit Utilization Date, Lessee s be1L al the option of Lessor, assume Lessor's obligations to purchase and Oay for [he Unit Within seven days following the Delivery Dete of euh Unit, Lessee shall . 'cos and Jelhr m I eror a Delivery SuPPleinem using Lessor's standard loan ~In [he even no funds ar insuffinent [ands are appropriated and budgeted or ere otherwse not avuJable in any tis.al yen for payments due under this Leaze, Lessee will immediately notify Lessor of such occurtence and this Lease shall terminate tin the last day of the fiscal year for which appropriations were received without penalty or expense to Lessee, except as m [he portions of payments herein agreed upon for which lands shall have been appropna[ed and budgeted or are otherwise available: Notwitbstanding Ne foregoing, Lesue agrees Naq to the extern permitred by law, it will not cancel the Leaze under the provisions of this Section 1 if any funds are appropriated to n or by it for [he acquisition, rc[rntion or operation of the Units or other ayvipment performing functions similar w [he Units for the fiscal year in whsh «rtninauon occurs or the next succeeding fiscal year. 2. I'AY.MENTS; NET LEASE: During the Lease tarot, Lessee shall pay m Lesspq a[PO Box ]30661 Dallas, T% 75373-0681, rent for each Unit az stated in [he ur..nJ Pa/moil SJtcdule and n:curding m Cie above Paymem Provision. An amoum equal to one paymem for all of the Units must accompany this Lease. If Les aeepis and cwuncs ih'u I case, Bald amoum shall he applied to the first payment due. If Lessor does not execute this Lease, said amount will be returned to Lessee slf I esspr does not mcaivc a papcent on the d:vr it is due. I esxee shall pay to Lessor, on demand, a late payment charge equal [0 the lesser of five percent (5%1 of the payment not pnJ when due ur the htghes[ charge allowed by few, whichever is less. This Lease is a net lease, and Lessee shall not be entitled to any abatement or rcJudiun of payrnem or any setoff against payment, whether arising by reason of any past, present or future claims of any nature by Lessee against Lessor or otherwise. Except as otherwise expressly provrJeJ herein, the obligations of Lessor and Lessee shall not be effected by an defect iq damage to, loss of possession or use of any Unit, however euused, b} [he auachmem of any lieu or other claim to any Una, by tiny m˘rference with Lessee's use of the Unit, or for any other cause, whether smilar or dissimilar m the foregoing, any presem ar fmw'e law [o the conoary notwithstanding. 3. DISCLAIMER OF WARRANTIES: Lessee acknowledges and agrees that Lessor is not the manufacturer at the Unigs) and that Lessee has selected each Unit based on Lessee's ownjudgment without any reliance whatsoever on any statements or represrntations trade by Lessor. AS BETWEEN LESSOR AND LESSEE, THE IINIT(51 ARE PROVIDED "AS IS" WITHOUT ANV WARRANTIES OF ANY KIND. LESSOR HEREBY EXPRESSLY DISCLAIMS a) ALL WARRANTIES OF MERCHAN fABILITY, b) ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND c) ALL WARRANTIES AGAINST INFRINGEMENT OR TIII I II:F Is~nr n _ns to Lesvice hs mrera[ in any of the manufacturer's warzamin on the Umts(s). J. I'OSSE5510\, USE AND MAINTENANCE Lessee shall not lal use, operas, maintain or store any Unit improperly, carelessly, unsafely or in violation of any upplrczble lace or rzgulvHon or for any puipo,e other [hms in the conduct of Lessee's business: (b) abandon any Unlt: (e) sublease any Unit, permit the use of any Umt by anyone ocher than Lessee, change the u e tit my amt from that specified rn the attached Application Survey/Usage Rtder, or change the location of any Unit from that spuc'rtied above, wt[hom Nc prior written ronsau of Lessor, or td) sell, assign ur uansleq or doenly or indirectly create or suffer m exsst any lien, claim, security interest or encumbrance nn any of its rights hereunder or m any Unit The Units are and shall remain personal property irrespective of their use or manner of attachment to realty. Upon poor notice m Lessee, Lessor or tts agem shall have the right (but not the obligation) at all reasonable times [o inspect any Unit and maintenance records relating thereto. Lessee shall, at tts expense and at ell times during [he Lease term, maintain the Units in good operating order, repair and condition and shall per(ortn maintenance s Iasi s. li cyucn0. as cet forth In any applicable operator's gwde, service manual, and lubneahon and maintenance guide for the Units. Lessee shall not alter any Unlt or affix any accessory or equipmrni to any Unit if such alteration or addition would tmpeir the originally intended function or use or reduce the value of such Umt. Any al mr::iiau a: aJdiiion m vnv Una shall be the msponsibiliN of and at the sale risk of Lessee. Ail par a, aaessu:ius and cgoipmcnt afixc'_ :o any Unit shat! be suF;ecr m [he sem~iN mmrest of Lessor granted hereunder If Lessor supplies Lessee with labels stating [hat the Unil is leased from Lessor, Lessee shall a[fx and keep them in a prarnmeul pioCC nn the fluff. SEE REVERSE. SIDE FOR ADDITIONAL TERMS AND CONDITION'S LESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED AND E%ECOTED COPY OF THIS AGREEMENT '.'Leasae..'.tCERR COCNTY, TEXAS D'ate~~..., ,/1r/IOA, Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION Ry Name (PRMT) Title Date ,. ,..u...,,~u..,,. r, 5. hFSSFF,'S RF.PRRSRNTATIIIi pVD \VARRANTIES: Lessee rtprevenls and warrants l0 Lessor That lal Lessee is a fully mnaimmd pvlintal subdiviainn m agency duly organized end xining under the Cnnuauiinn and laws of the slam where the Units will be located. !hl Lessor has the powc. m enter info and perfnmr This Lease and lids Rken all neassan anJ appropriate adicn to auNnnze Inc execution, delivery and perfoniievice hereof ˘t Nis Leese contlitums a valid avd legally hording end ev[oruable obligation of Lessee, (dl the unercd pueablc P\ Lessee heleunJ.r xdu.faM1le G m ncnm [ P d 1 'nmme ' I pry pursuam o Sed ^n 101 f h I I Rere we Code nr 19FG - ~ntlN I h 'C "). W I I L I- sufYm u,i apprep i that funSS Ibllpayall Ld h derfor the rmnf. I d ~Mbl Iha hid ~ I I tills a If I. ll I. I lain rflhsL ~ L- rap. tIM1 M1 fFL 'al L _p peff and cwrm L_ A Ib I I I~IY I I ~ IIe.l by 1 es g M1 N I I p f h p y lull 11 f g come fm Federal iwn 1 purp Levaee nprese Is Is M I I' I L will ompl M1 Ih l ronnalin reporting rcqu remrnts of Senion IJ9p1 of the Code as the same may rte amended from i n˘ 1^ hme and n ch compl' a shall 'nduA< bin rat Fe I mica ro the avid on of m6mialion slatemenls requested by Levor, (bl Lesue will wl do or cauu m rte done arty an which wJ cause, m by omission nt any a [Fr[ counteRen a˘mte4 acknnwledgsd and minted by Glerydlar Fiwr[ul Servmet Cnrponuon on Ne mgna ra Wgc IM1[rtorm Ilm ongiml wnl cmanwm onglnm `r ~ insured., Please notify your agent for the proper coverage, and list his name and location below. Our representative will follow up for confirmation of [his coverage. .,_ s?:~c~rr: Tx ASsocic~~bN o{' Co. ~cnnr~~rc~fssox: /~arP,/ 7~eR4ieN ,. ILO'I $Rn An~ONio eNit11r1;gN[7MUIER%= f-80D- yS(o- S9?~ Aus~ri~1 Tx X8901 1F1~41 „ . 17$-aIlYE1RBfJisk~r1A~F-°~`KStI*ri~LtvEtYED4 / - /8- 02J P~QeiB^~Sllsf4i tA"'~fil~tl$'1"RriPl$kt:'}'I(SN W1LL BfiH1~I.D PENDWG K~CEIPTE)F THOS I1VEY}RMATTON. Pi.EASE FOR WARD CERTIFICATE TO: Cateryillar Financial Services Corporation, 2120 West End Avenue, Nashville, TN 37203 CUSTOMER INFORMATION VERIFICATION In our efforts to continue providing timely customer service, we need your assistance confirming the following information. If any information is incorrect or missing, please note [he necessary changes below and remm this form with your signed documents. Thank you ut advance for your cooperation. Current Llformation on file Customer Name: I~RR COUNTY, TEXAS Physical Address: 700 MAIN ST RM 103 ICERRVILLE, TX 78028 Mailing Address: 700 MAIN ST RM 103 ICERRVILLE, TX 78028 Equipmznt Location: 700 NIAI V ST RM 103 KERRVILLE, TX 78028, KERR Business Phone: (830)792-2236 Fed. ID # or SS #: 746001494 E-mail Address: Tax Information Sales Tax Rate: (Please note: Sales Tax Rate, includes all applicable State, County, and City sales tax) City Limits Tax Exemption Slams Other Infom~ation: 0 Asset outside the City Limits? Yes_ No Please indicate if }'ou are tax exempt. If }'ou arc tax exempt -please enclose a current tax exemption certificate to be returned with your documents -Not needed by CFSC if dealer ISC Please tliake corrections here Caterpillar Financial Services Corporation DIRECT PAY AUTHORIZATION CUSTOMER INFORMATION (Please print clearly) Company City State Zip Phone Number BANKING INFORMATION Please attach a voided check for the~b~}(k account to be automatically debited each month. \~ **PLEASE ATTACH ~IDIDED CHECK HERE** AllllITIONAL [f you have additional contra please indicate by listing the Additional contracts to be r1~ PLEASE COMPLETE, I ith Caterpillar Financial [he YOU WpULD LIKE To act numbers in the space pr RAgTICIPATE IN TAE each month: "DIRECT PAY" PROGRAM SIGNATURES B~ signing belo~e, equest and authorize Caterpillar Financial with debits made my account and withdrawn by Cat Finance: to pay the debit ~ en presented. I agree that Cat Financial's ril _ _, „ ~ ,eau personally sign a check. 1 agree that 1 will be liable to make } ... r..,~uNuy, mctuding any applicable late fees, if any debit is of paid, unless Cat Financial or its agents or affiliates is directly responsible for the nonpayment. V ate Signature` 'As it a ears at your banl.. For a join[ account, all depositors must sign if more than one signature is required on check i sued asainst the account. FOR INTERNAL USE ONLY Contract No Term Start Date_ ISC or Lease