ORDER N0.28658 BACKHOE LOADER Came to be heard this the 24th day of May 2004 with a motion made by Commissioner Letz, Seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, to accept the three bids as follows on the 5-year lease of a Backhoe Loader and refer them to the Road and Bridge Department for evaluation and recommendation. The first -- first bid is from Anderson Machinery in San Antonio. A five-year lease, 60 months at $1,227 a month for a total of $73,620. A guaranteed repair expense feature from delivery to five years or 7,500 hours, whichever shall first occur, that not to exceed $2,875. That is a total cost bid of $76,495. The Second --Holt Caterpillar, San Antonio, Texas. The base bid for the five-year lease, 60 months, at $786 a month for a base cost of $47,160. The guaranteed repair expense from delivery to the first five years or 7,500 hours, whichever first occurs, not to exceed $275, for a total cost bid of $47,435. The Third with two options -- R.D.O. Equipment Company in San Antonio. The first one is John Deere Model 410-G. It has a base cost, five-year lease, 60 months, at $874.23 per month, for $52,453.80. It's annotated that there's a purchase option at the end of the lease for $24,187.05. The guaranteed repair expense from delivery to five years or 7,500 hours, whichever first occurs, not to exceed $8,500, for a total cost of $60,953.80. The optional bid is for John Deere 310-SG, which has a base cost, five-year, 60 months, at $804.46 per month, for a total of $48,267.60, annotated at purchase option at the end of the lease is $21,342.32. The guaranteed repair expense on this bid is, from delivery to five years or 7,500 hours, whichever first occurs, not to exceed $8,500, total being $56,767.67. COMMISSIONERS' COURT AGENDA REQUEST .._. PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: Mav 24, 2004 TIlv1E PREFERRED: ~~'yd r~ .~ SUBJECT: (PLEASE BE SPECIFIC) Open bids and read aloud on the 5-yr lease of a Backhoe Loader. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom, Jr. ESTIMATED LENGTH OF PRESENTATION: 15 nunutes F 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 screened by the County Judge's Office to determine if adequate information has been prepared 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 Conunissioners' Court. Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Antonio Hvry Kerrville, Texas 78028 Telephone: 830-257-2993 Leonard Odom, Jr. Road Administrator Truby Hardin, Coordinator TO: COMMISSIONERS COURT FROM: LEONARD ODOM, JR., ROAD ADMINISTRATOR DATE: May 18, 2004 RE: AWARDING OF BID ON BACKHOE LOADER FAX: 830-896-8481 Email: kcroads@ktc.wm Since we should receive bids for a variety of backhoe loaders, I request that you assign the bids to me for consideration and allow me to come back June 14, 2004, with a recommendation. I also request that the County Attorney check the contract documents on the piece of equipment before I make my recommend. Kerr County Road & Bridge Advertisement for Bid On 5-yr Lease of Backhae Loader Sealed bids will be received at the Kerr Caunty Clerk's Office until 5:00 p.m. Friday, May 21, 2004 for lease of Backhae Loader. Sealed bids are to be addressed to the Kerr Caunty Clerk, 700 Main, Kerrville, Texas 78028, and it shall state on the envelope "038-04, Backhoe Loader:' Bids will be publicly opened and re at 10:00` a.m., Monday, May 24, 2004, ink Commissioners' Court. ~ ''~- ~~-'°~~ Bid farms and specifioations are available at the Kerr County Raad & Bridge Department, 4010 San Antonio Hwy., Kerrville, TX 78028 or call 830-257-2993. Kerr County reserves the right to reject any or all bids. 05i_8/=~~? ~?: 6 89~~~i~_ K C =GAD & B~I~G~ =Ma_ E2 SPECIFICATION # 0038.0 PAGE 7 5;18/04 Bicl'~ .Form for Lease of WF~EEL LOADER I3l~D DUE DATE: May 2I, 2044 ~ 5:00 p.m. 1}a not include Federal Taz or Si'cte Sales Tax. The necessary exemption certifc:ates will be issued upon request. ITBhi DESCR~'TION 1, ONE (1~ NEW CUR:R.ENT BACKHOE LOADER MariufaCturer and Model No: JOH~J ~~~R~ P,fO17~L 4106 W'~n~'~ 5 y~'._, 5, 000 HOURS Time Needed for Del'.ivery: 4 5 - G 0 IAA yS 2. Five (5)'',year Lease (i50 months @ S _ R74. 2 /rno) ~ 52, 453. 0`0* 3. GUARA'vT'EED REPAIR EXPENSE (from delivery to 5 years or 7,500 hours whichever comes fir.~,t}--- SHALL NOT EXCEED $ _~, 500.00 4. TOTAL COST BID i;Add Item 2, and Item 3) $ G0, 953.80 BIDDER'~fL~ST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above BACK.iOE LOADER to be delivered under this bid w711 meet or exceed all of the minimum specifications said conditions set for` by the Couzlty of Kerr. DATED THIS 20 D~,.Y OI` ~i~y , 200. Bidding firm; RDO ~QUZPh4~PJT Cph1PANy Address: 5400 tiJ. IH 35 Telephone: 210-G 61- G 300 (Seal if Corporation) By: _~,~~~ ~~.~~;~ Tztle; ~T~RRIT~R y ~ .4ANAG~R *PURCt1AS~ OPTIOPJ AT FNl~ 01= L~AS~ $24, 187.05 0~f17/200~ 07:46 8968481 K C ROAD & BRIDGE PHGE D7 SPECIFICATION # 003$-04 PAGE 5 5/4/04 DATA SHEET y~ ~ for Kerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 (830) 257-2993 1"his specification packet rnrtst be completed and retrcrned as part of your bid. Bidders Name RPU F~UTPMFNT CUMPANy Address: 5400 N. IN 35, SAN ANTUNIU, TF S 7821 ~ Telephone: 210- 6 61- G 3 0 0 ~' TO BIDDER: We will be ~~ccepting bids to (ease one (1) Baclchoe Loader in the best interest of Kern County according to; .parts, service, warranty, proven reliability, and nat necessarily low bid. Wheel Losder Proposed Speciffcations 1, Model New -Current CAT 426C or F.,~uivalent JOHN DF~R~ MUD~L 410G 2. Engine 80 Horse Power Net 92 H.P. 3. Hydraulics Closed Center/Piston ~L1.7S1=_~ ~1=NT~R/ P7STr)~i 4. Transmission 4 Speed Forward &Reverse-Shuttle 4/3 PUGJ~RSHII=T S. Front Axle All Wheel Drive (4 wheel drive) yes 6. Brakes Hydraulic Inboard Mounted y~S 7. Standard Lights Including flashers, tachometer, YES and Gages hour meter, and Rotating Beacon yFS 8. Wheels and Tires 9. Canopy 10. Loader Bucket •~J Froztt - 11 L-16 12PR F3 Reaz -19.5 - 24 l OPR It.OPS Canopy l .4 CY General Purpose with 2 piece edge 12.5/80 - 18 ]0 PR ~RUN7 19. SL - 24 10 PR RFAR yFS 1.5/ 1 PTFCF 05!17/2004' 07:46 8968481 K C ROAD & BRIDGE PAGE 08 lI. Controls 12. Counter Weight 13. Stabilizers 14. Operating Weight 15. Auxiliary Hydraulic Lines 16. Backhoe dig Depth 17_ Backhoe i3uckets 18. Backhoe Bucket Dig Force 19. Machine Warranty _.% 20. Delivery Universal /Wobble Sdck 1,000 LB Minimum Reversible street pads Stabilizer Guards 16,500 Lb. Minimum Auxiliary lines to stick with all Necessary valves and cannectious To run $ Hydraulic Hammer Standard Stick 15' 6" Quick Coupler Design Heavy Duty with teeth 24" & 12" 14,000 LB. Minimum Standard Warranty 60-90 days or sooner FOB Kerr County SPECTI~'1CATION # 0038-04 PAGE;. 6 5/4/04 y~S 1350 yes 1 G, 805 LB. yes 15'10" WAIN RUy 14,801 LB. 5 y~AR 5,000 HOURS 45 - GO VAyS Arty specifications that do not meet required specifications will not be considered. Ken County reserves the right to reject ,any and sIl bids. Sealed bids will be accept:d until 5:00 p.pr-., May 21, 2004, at the Kerr County Clerks Office. Sealed bids are to be addn:ssed to the Kerr County Road & Bridge Departrnezat and be stated "SEALED B1T~ 0038-04 E~,ACKHOE LOADER" on the ezxvelope. Bids will be publicly apen~yd anti read at 10:00 a,m., May 24, 2004 i.n Commissioners Court ,..~-. 0511,712004 07:46 '.8968481 K C ROAD & BRIDGE PAGE 06 SI'ECIFICATI4N #0038-04 PAGE 4 5/4/04 .~ J. The vezldox shall ha~re the right to examine repair costs at any zeasonable time. Should a dispute occur between the County and the vendor, as to whether a charge should be included in computing the glu~ranteed maximum total cost of repairs, then the entire ~aaatter shall become subject to arbitration as set forth in the bid documents. Name of individual. authori,.ed to bid: ~dARK J. CROUCif Signature: ~G~~~ Firm Name: RHO i:2U1PMi=NT COMPANY Address; 5400 'J. IH 35 SA~J ANTONIO, TEXAS 7&21~ Telephone: ( 210) G G l. G 3 0 0 FAX: (210} l (l _-- 24 3~ ,~,..- ~,~' Bid Bond SURETY DEPARTMENT THE HARTFORD KNOW ALL MEN BYTHESEPRESENTS, That we, RDO Equipment Compan BormNO. Bid Bond 5400 North IH 35 San Antonio TX 78218 as Principal, hereinafter called the Principal, acrd the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of CT ,whose principal office is in Minneapolis , as Srrrety, hereinafter called the'',Surety, are held and firmly bound unto Kerr County Road and Bridge as Obligee, hereinafter called the Obligee, irr the sum of Ten Percen Dollars for the payment of which sum,~well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, admini successors and assigns, jointly ~rld severally, firmly by these presents. Whereas, the Principal has submitted a bid for Bid for John Deere 410G Backhoe NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as maybe specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter'such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in fiall force and effect. Signed and sealed this 20th day of May A.D. 2004 Attest By '}~~.,,~ C Witness By: RDO Equipment Company (SEAL) (Principal) By: ~- r- tle) Hartford Fire Insurance Company (SEAL) By: (Title) Michele Grogan Attorney-in-Fact ~' Ob~igee'silnsured's Name Kerr County Road and fridge Obligee's/Insured's Mailing Address 4010 San Antonio Highway Kerrville, TX 78028 Number Bid Bond IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must 'make terrorism coverage available in your bond/policy. However, thee. actual coverage provided by your bondlpolicy for acts of terrorism, as is true for all coverages, is 'limited by the terms, conditions, exclusions, limits, other provisions of your bandJpolicy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formu{a established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding astatutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy, If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page ~ of '~ O 2002, The Hartford POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 0 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois OX Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Ann Higgins, Michele Grogan, Maryann Folta, Marata Kad/ec, William L. Mershon of Minneapolis, MN their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~ril ~ '•0.^ifes mfr a'ea~4 ~~~~w"':s~,,, ,. q ~~: f v• r 00.f0q 9 ` w ~{EO rl M7lii ~ 1 ~~~ _ ~': ~sC 4 F t s = a~Q `~GOPWMfEO c ~~- ~ 3567 :,,, ~ • ~_ ~ ':~: '~ * ~~ ~AU~ .. '.~ e~~~+r~Eaano%~ ~ ASSIAN' a'--i.,tDT'aror °~ 187 cf ? 7979 t ~~Q ~ . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25~' day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. 1MIA~~'~ ' -~ ~~ • ~~ • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of ~~ ~ ~y Signed and sealed at tl;e City of Hartford. ~1t1~ ,,~ K~^lEPS, ijf l CYRi .,/ wry~.~. -~i. ~Eaq.ie.rr:;~s ~ ~,9+r ~.~E°°h~ _ -.`1~,E00./Of9f~ ~.~,Neow'o,uTto Y~ ,~- w~~ti~+r~EencrJ~ ASSIA7M' '._f8T 9: o ;°i tg79 ~~ ~~-' 7979 • ~raa -_~9 % Yg y'•~ • ~''n °E,~WOn:.d' •mago' ~~°Romo,~m+ Yves Can/tin, -Assistant Vice President POA 2002 ACKNOWLEDGMENT BY SURETY STATE OF Minnesota ss. County of Hennepin On this c7w t/ ~r day of ~ / `°`'C / 2004 ,before me personally appeared Michele Grogan ' ,known to, me to be the Attorney-in-Fact of Hartford Fire Insurance Com an ,the corporation that executed the to me that such corporation same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. (Seal) ..-~ - ~s, TARA L. LUPIE ;~~ ~ Notary Public Minnesota MyCOmmbsion Expires Jan. 31.2005 Notary Public n the State of ne to County of ennepin S-0230/GEEF 10/99 Letter Proposal INVESTMENT PROPOSAL LEONARD ODOM, JR KERR COUNTY ROAD & BRIDGE 4010 SAN ANTONIO HWY KERRVILLE, TX 78028 Phone: (210) 257-2993 May 20, 2004 Page 1 of 1 r RDO. EQUIPMENT CO. 5400 N. IH 35 PO Box 18445 San Antonio, TX 78218 Office: 210-661-6300 Mobile: 830-391-2975 Fax: 210-661-2435 Leonard, thank you for allowing me the opportunity to quote you this new JD 410G. It's a 2004 model with approximately 1 engine hours. We appreciate your business. Mark. (New) 2004 J D 410G • 1770T - 410G BACKHOE LOADER • 2625 -SUSPENSION VINYL SEAT • 4790 - 12.5/80-18 FT/19.5LX24 REAR • 5130 -FIVE FUNCTION FLOW WNALVE • 5330 -AUX. PLUMBING FOR ST BKHOE • 7655 - 1.50 CU YD LNG LIP LDR BKT • 8625 -ONE BATTERY-150 MIN CAP • AT305073 STABILIZER CYL GUARDS • 2025 -BOPS W/ROOF & LIGHTS • 3085 - POWERSHIFT MFWD AXLE . 5025 -STANDARD BACKHOE . 5225 -TWO LEVER CONTROLS • 7025 -LDR W/RTD AND 2 FUNC HYD • 8495 - 1350 LB FRT COUNTERWEIGHT • AT194821 -ROTATING BEACON Attachments CSJ2601 ELIMINATOR COUPLER FOR 310SG $0.00 5998012 12" OC HD1 BUCKE $0.00 5998024 24" OC HD1 BUCKE $0.00 Warranty Information John Deere Mfg. Base i2 Montns $0.00 John Deere Full Extended so nnoncns or 5000 Hours $0.00 Total Equipment $65,500.00 Sub Totaf $65,500.00 Applicable sales taxes to apply Total Investment $65,500.00 Options (Not included in Total Investment) PREVENTIVE MAINTENANCE "Applicable Travel Charge and sales Tax to $0.00 apply Hours Mark Crouch TERRITORY MANAGER RDO EQUIPMENT CO. mcrouch ~ rdoequipment.com This proposal is valid until 06/20/2004 and is subject to prior sale. After that date the quote and terms in this proposal may need to be revised. http://ngsp.rdoequipment.com/letter.cfm?QT_ID=29140 5/20/04 410G (Not actual unit) Z 0 w m J TM V 7 M D a N 0 m n c v co 0 D m m C fD a D a w m Efl .p N w r m C m D n r O Z O N 0 O o 3 I~ ~ m ni ~ N N N ~ ~# 3 ~ ~ ~ m ~ ~ ~ ~ ~ ~ W D v H d ~ ~ ~ ~ ~ K O A ~ .~- N C ~ W Z O ~ '* 7 n o~ -"' ~ a °o fl. 0 0 tia ~ A ? C ~ ~ ~ .y. O V ~ `v ~~ A ~ ~ ~ Z ~ 00 O O ~ c z 3 ~ ~ D N n0 ~a =v o ~, m rW O~ v° 0 m ~m m y; v m ~~iY, ir~'~ ~tC~U~,C;B~n; ^1 MunicipaJGovernmental Lease Purchase Agreement 1E,15E YCRlIi1SL A;;ALE~1:AT ("thU :eaie"i:n_-rte; ina es r; ;ha .~.ay of Deere Credll, Inc. ,'Cerro^) anD a munbpal m;po2l~n a po',;u:a~ suaavis~en of the State o' ("Lessee'). TERFfS t PAYMENTS - ,error lesser M Lessee, ::nd '_essee leases from Lesso•, Ina egwpmer.t desui~a ~n one a m-Ire ExnlWts, adec4e anC mane a p:r. p`.n!s lea:6 .ne term 'Et 'pln2nr a5 used he~er s!ta~l refer cdlecr,~ty to I,ne o , :?meat de+.^beC m all Exnroits anacn2d to his '.ease. L esee agrees ca pay lease ?6ymenb m aCvanw or. the oalas sanwn cn vo:nrtvs Emia~ wh'~ may x ara~reC i„ s",is Lease ar:d exe r'~e: Dy 'Lessor and '_essee hat, Lme to pme tcaic~/eiy refined to as 'Payment SG,edule~ W I'u"~ a ~rIYJ!1 pl 27CR Lras.e Uay;pe of :O :e PrOSeM iJa,vril2nt Of iniere5; and a corlim W repretety pDr'mAnt c' p,nn;,i0a' s shpwr, vn th¢ PayrAen; SGh &dul°. 2. PROPERTY TAXES, LICENSE FcES, ETC. In adt!~Gan d :ne Le'ssa Paymens r De made ?V~SUant tp Stxon S, Lesse,o agrees t0 pay, ana to indcrrn~y ano hold Lesay nor;r.leus trygi all ac:ensa, E3'~e5, uSC, pP,raY,a' ?roper{y ar Gtna: tazua, r'W-nai;t65, 111.05, LntCrCS; a cnalgaa d any' kmC !Wort may be assessed x cnergeol eyronst the 'tqu Pme'nt a use Stereo', 9. LESSEE'S COVENANTS t ' REPRESENTATIONS ! BSSee rwesentr artl war2M5 as (pHd/r5 fa Ina bCnefr; D( L ess a (B! sUvyt reyessratbru and waC3nL~es Demg OOntnu~rrd), and is dr:iivering an o;h,nion o1 its Comsel dateC :,e da:2 nareaf, m fort. an, sutstaxe sas'r,~^y ;tl Less~^r, wnfirm~n, tta! ',ese¢ hors ;ne ;tufhorrty to enfe inW Ins lease and makeme follCVring Re?resert;at:ors and wa^a ~t~rs'. 3.1 Lessee is a public xdy q„a-ato and potibc, or paio~l subd;vtsion therno( iagaRy Ezistrng unCe• ~ laws r~t the State pf 3,2 This 'ease has De2n tluly aULna~ize C, exer.,ted and UelivereC to _essee; 3.3 Thu Neese s a tag21, veir! and bir,d'mg obli~tkxi of 'reasee, enlorce ab!e ir. accordance with is Terms. Lease h~rC~gl re0resent5 arb werran's as (c;~:rxs. 3,4 Lessee will Oo all thinCS lawful.'y witftin is power 1G ,tam and mainan funds t^yrt wtt;,',"~ the Le5,yo0 ?ar"'~¢nta may.: Da made, rt~:rding mating provrDiOn !or su:n payments fo ',he O.xtant nectasary in each bid r,nual cr arutoa! budget Subm~Yl2d fOr Ina Purport of cbtainr,s funding, ua:~nd It~ Dona f'r,12 bes! eftnrtt LS have suDn ?crtan o! the budgef approved an,p exh,rusJng all a/aiaD(a rev;ews and appeals in ,ne evtni such ocxrrt of ;fte 0/dNt is not Opprovcd. To She kntwted.^,¢ o{ Lava.. here are rip Nrc.xrstances affe~ng the Lessee Lha;;aurd re;u'.o!tab!y be expectee to a'~tief r>s`oreselea;ae ~1zM `or Lne Equiprtenl a adversely an&~ its a.",6iy Dr'w~l'ingness u dvdget lords for vte paynxrn; cf su^s d;re herea"er. J.5 There are no a~,rans, lewsu'~^s or proceed:ns pendirv; ~ u, tc the k~w•edr¢ of':.essae, LlreateneC a;ainsi a affe~ng Lessee n anY ^a;rt pr DetoR 3,ny gpvemrten ~! rAmm:pd;Olt, be~b Or autnWily wND,'t, if (7 ehe~^ninCd ~fversrly against Le:~,va, wbuM C.ve a materal edverse e,1{eC cn the abif^.y of l,,essee ^a ?a1Drm i5 Obii ^ya;i~, urtC2r Ca lease 3.6 Leereo does not nave budgelod n: .b cu^en: 'S'~::al pena0 S.rffiaerx hrM_s d purcnzse V:E Equ'.?mgt for rash. 3,7 This Isere w7i no( x^so1J:e a 'pvare aC.ry DcnC' within vie mey^,~r,g of Se~bn ter o{ one !rtsmat Revenue Code in that Less°E will rwi sttu+ease the Equip.~n!, nx vall Lhsea enter intp arty manager->znt Wt,7u1, tN SLmilar GOys c4 mnfras w'u.1e morr Tan ;D Pt.nent of the ?rA:ee05 cx the lea>e- purchase agrea-nent w,p ~ /seC for or.e o! mD'~e private artiness USeS G wft6re iht Payanenl of Ln2 piin_h;lal ~, pr t^terest cn, ma-e U,an 10 ?er;znt of the premeds a l ds Lease wiA be made, eJMer di.2cyy a ind:re~wy, by payrc,enfs prvpelry, C7 monrp5 bprr'pwtxd Dy prtvaie tr.niness users. (Tho 4c•m 'pnvaM_ business t:&e• m2ar7a aTy cArea a ind(rect use In a . ode or basines5 prised en Cyan i~ndlyduai a endp' ether that. a atax or Ixal gccemment uMt, inC:,dtng use by Lai; Federal Go.rernnent Or arty egenry. thereo!. A spe~al eJ;e'.^wL~n Is Provhed for "exNitPl faG;.ty?ens' and "6Gt(cy (3)',tarc.fzempt a;ar'zaGOni ~nr~ds') 8.B Tnis Lease vr'd be used fa gwerrr»,er+! o; SCtic) ;3) p;n~~~ses and, inns, wiu ~t cnn5'Jrute an lnvastmh'~L Tns Lease was not o~ea(ed la the pu~:se G arbip3g2, Ne/a,^4naess, shCU'~ a 'Gt:+:fvaw of At~~rxge' be requirra, trig Se;won a Ctemad t0 !k auC7t a Ce~Gwtr, execu'zd and de(nrertd .n arOprdanre w4t", dtE: {,rov'~io^s of Secspn 1,103-!3, 1.1G3•td aid LtGJ.tS of me Inc~~>rne Tax RegulabOrtS. AM Cy L1E Slgnatu,'~ of ~h0 LBSSee below, thin Leases cert~far thb: the '. esscC nss nU. Deien r,pti6eC by r`2 Inwmal Revenue Servroe of any' lir5rg or pt~p0;ed Im::ng Ot N2 Leesae as on issuer where arbit'agb Dr,.:~ c2;,r<~rale tray b^. rei~ed ~©~_ 3,9 Lessee will ^eport !his Lease ;o Ina infernal Revenue Sewlce~Dy tang fo-;r 8C36G a &7?q-Gi.. wlvCneve! is aPFro'xuo. :essee u.'~derstandS tnBt }auu!e ~ Ca so wii ;,a use t1e Ltase :O IDSe rs laX- extmpf Status. Tntne!ora, Lessee fees gnat tl ~; tats b Gee the a;?ro~x;e for;-,, the interesl rate set fay", m Ina PayT;er,! x~yu'e wa be aC)uS'.ed to an eQu;va~n; taza.'U'e irterast ;ate NON•APP ROARtATJON CF FUNDS 4,1 (n Ne event hwnds s2 rot budgeted anC app~yi;red r an.' fis:x year b Lease Payrr_rns due un,7er L1is !ease fa the v,eY, c:y*ent or suxeeyng fis~l year, tn'rs Lease s1aY, im~se no obhgaLOn on the Lessee as ID suos arra.n; N sue :etDirg ('teal yew anC sha.'1 Decant nui~ :no .'Did except u w pre Leaav' Paymer/s nnrgir. a^, reed upon Fx ~fiirn t'urrd6 snau nave been appropriated and buwjesed, and nor rigs; ~ att;cn a „zrnage srali axr.~ ;o t^.e D2nedt d LeSapr, im w:xssprs o' 3bri9n:, fY 00y ftcttr-.r payrtun!5 4,2 If VtC prDY~S,a'15 of S°r".,xxt 4.1 am uphzed by ! Free, Lessee agrees To it :m,ed atey r,Ddty Lte Lessor or n!s ass,rnee o! the Lease tt fl,,nds Are .rx DLpa2ted and apprx^ated, J ?earead'y s:urenaer pO3 SGSCiOn pf tn! Eq~,:rnen: lp Le5a0( Of ~~CS assignee and thffi if wh nOt purxese, ied50 Y ten; e0u~menl pe~'forrvng E,r„•;ans srcrvJa: to Lnose Petforrned yi Ins Eoulprnent fw a perbd of {9D) days hom the dat0 y surrender o! Ma Equ;xncr,L EARLY TERbtINAT{ON I PREPAYMENT - In Lne even) ':saaee 5I1DUl: deS;re m terminator t'1'S t..ea50 iM1 i'3 MSraty F' fpr 2ny p~ Ccr equ~menf desaioed in any Exh'tDa attaGned nereb, or prepay its obkgati0n en yny Lease paym-nl due Sate prr~r to the sore c, ~ Lease Tenn, Fa reasons odor L*x Wane??r.;P;;atia,, o{ {~ ~ OeS Cubed in Secl;on <, Lne foUOw;ns cpCp,-ss ar0 d~ai:E~ie' 5 + Lessee may request Lessor td sui ee Equipment tD• a 1zlr fie' ate, anC Lessee snarl pay Lessor Lne T ermma!an 'Jaws sfr,wn a, he ?eyn,-n; Srheduk kss Lha ne; go;~>.C5 rexrvep kom Lhe sere of the Equlpr:ient, 5.2 Les 522, ftaYiry ~trpnli.2d with tRe Seas and ~?C'~LORS Cf tn'~ Lease, Shall nave tre option w Yepay i~ ob.~tiDn by ;,ayirg he Terrrdnapon t'alue shown pr; ttre Pay:^tOn; SG'tedur. NEW EQu;PtdE1IT WARRANTY - _essee acxnav!edgea arrd agrees fa) the: tt>o Eq:npment w25 521EtteL' py Less: e; (D) rtat Lessee 'S sars5e;i teal ^,e sense is su ~b!e fcr iS ?u,,,esD; e trSt Lessor is Sal a maaufa~:xcr thereof nor a dealer in ~pe~y of sum kin C; and (d) Tk47 LESSOR ~ NOT MADE, AND DO'cS NGT HER68Y MAKE. AKY RE~RESENTATFON OR 'vVARRAN'Y OR CG`/ENANT WITq R:SPECT TO THE bfe'RCrW,ryTASfL(TV, ANO CONDITION, QUALITY, OcSCR!PTIDtr, DUR4EILIiY, DR SUiA31LITY OF Atv'Y SJCM UNIT '.N Ah'Y RcSPeCT OR .N CONNECTION Yv?T}i OR FOR THE PURPOS=S ANO USES OF Lt: SSEc^. Lessx hereby ass'y^IS ~ Lessce, Lo The e: fir; ass'gnao;e, any wanant~e;, covenant, entl rose septa tans ui lt,e VenCOr wpm re-Spew to Lhe Eou'Prr~nC pro'v,aaC hat any a,:.,an taken by Lessee aJ reason hereof shall be e! ihx sole expt:rse 01 ~e Lessee aM snai,' DA tone',at0 r,t NiM L6csee'r Obli ~,epp^;S 7~'si:an: tG lne lEtir~y 0. this Ag~menL DEFAULTS LaSSOR'8 REMEDIES 1.t Tne o.:~.?renoe o' o--,e a mxe o! the fogow;r,g evenx sna'I cansfihu~ an Event of Defauk, w'1eCWr owurtinp volwtta~y, by ocerabon of law a Juan! a ary order of any ~.uC pr dcvemmenla agency 7.7.? F2it~re OY less et !o ;wy any Lease Payment w~tnm tvrty (30) dey5 Of Ln2 vme Sp2'.F o-d; 7.1.2 Lessee's hauWe to ~'".p=y w!!h any ohef cDVenan;, ~nwtan a agrae:ment of Correa hereunder hpt a ?shod of ihti^y (s'9) days a,'ier hoots Nstaof: 7.7,3 Lesaee sCZA make, pe.^n+t a- surfer any unautnan2ed asslgnmertl, N2n5fef a over di5pmifipn of this Lease, a any interest nereet u of any itemisl of N+e =quioment u mte~x ~,erein. 7.1 A Any olner event, Gne os.:.~renoe a' whr.~, cavaes Lessx b Ceem :'3A!f inSe~2. 7.2 Upon Lhe orti.'nen;g of any Event of Da'ault e, ems--fed herr~n, Lessor t,{ay exerows any a ore a' the fNbw.ng romeowe: 7.2.1 En{orra NIS :ease Cy a?pr0onrie ad~,Dn tc Dosed att«:n'S d::e a i o be~.,,a Cue hereon; er, by :c~ei2!aL•cn x o'.ner..iae. I ,wntl tV:n'nL PROS 1S104S COtiCERti'(tiG RSGfiTS U;i'TFii: rAxTIES ON TF7E REVERSE SIIlE ARE PART OF THIS AGREE11Eh'T LFS.SOR; DEER£ Cst:u{r. 1'.~C LCSSEE; ay--._._ - - - ay - Date a,cepleE AllDITIp~AL T'R0~1SI1:>tiS CUNCEI2.~I~G ItIC,IITS OF THE PAR'T`IES 22?&•mY,et6 tr,!S P,d.~ement a^p repossess tre Equipment, in WTi~ avant Lessees snali x 14sbre fo-a arty mains payzb~t nerrun~er hra,~, '!w pay e! such termratlx, and aV wets xtd exp;;rz;es pnduo~~^-g, but ,nest litn~tetl ;o reaso^.aJie anx;~ey's kes; ~nc,,.~ed ey .asset in xnn6C~x ;J~erpwrm, '.2.35_11 U,e ECulp'nenl 2. DJDtfO 0' priY2L 4ale, Try Lk even: ^J;e ~p:9BpS OI 9uCh 91e, !e S5 4r6 f<`5~3 0( !F pOSSe55i0n (,,q:~dirZl BdS Or~aD'R at1~!^6y's tees anC ;nQ Wes o! b21e) antl lee<_ any p;cs due Lease Paymr..5 x mlaesl oN~na p} Lessee (;he "oisp45ttOn ueoiwj. C,. npl CQUaI ;he a~Bcad;e Terrrir,ahc;, ~a'.oe on (R8 O;~~renl uease oy^tent Cate t1~, Lessee snsK be I'..s5ie tM :`le tl^ieer.;v xiween sa~C 0~5acs+~ aft Cretl~l alrJ Su;.h -e!±rens Can '/al„e. 7.Z 4?ursue Lnd Exeras: any p'}1t„ ~7 n127y awl's Dl2 2l IaN Or N1 eq~,rq, I- whl~ even; Lcs_ee ShaE be !rax6 ':~ any ane aL ccss an; expenses (intlu9ing CVI r,p! tr;*,ifea W re2sonaae attaney'F fees) n:~rr5d by lasses' in connewa^. rtnrer~tn. 12. LOSS OR OANAGE TO EQUIPM£NT•!J' nsk c' IoFS a oar-age ~,e Ea,ixnerr, !s as.umec ~,~ Lessee until it s rammed rp Lid, !n even; a wa ~s N ^.e cgv,pmenl, '.essee shall ~y ~essp! the TerC'Ijnatipn Value sn~n on s~e ~ayn,ent ScnedWe fp• th6 wrr~,t :8856 PBV,',1Pnl dd',B :e_'+S grope ECS O! ;M16U737`:C 2`)d 8Lr'Yaye Y31Je p! mB ~,~ip,.,e^,L 13. INSURANCE 31'.esst^.. at i5 ow-~. expe:se, w^~'~ :ate C.~^.pr~eosi:e xneral -~, ty ~nsua'r„2 ,ndw"ing :on~,uaj,~.^' ic; '.v;m rt+~nrm m ,rr;~ o' 51,D9o 0p~ bodiry ;njury eaa~ o-::.,i-,e.,~ and $25.,OCJ ~operty dam,a~e Pa Oh 0.;.Jra'roE. Lessee also aaree_c `a ,^,a'.~ is '".5.lF. ,naaCe Lessor arv,1 iiS i,55ivYa as ~C+tiOrai msure0.S, 13.2',E3S?B. a; i5 a~^s arpa^.se, shah keeq the `.C:kDtnOn; i^SUrcd a~nst all rsk of phys::zl tlamage tx na lase :ran Rs ati~;r21 cash ~a1ue Such ',nsurMrca sha;l ind~,rtle a h55 payaDre e'atue mane put In fa+a' pt .~,~ Lesser, acd the pro:ee^s of same insi,'2n~, at the p:p^.. ;! Lessor, seal, DE arGsa awa'a zhr renla::aT~en; res:Oraaor. or repay of san; Epuipmaat, 0'. b pay^tent ~ z?'Y oDk;.atian b Lessee hereunder, PA"6~PNT OF tNY INSURANCE P.ROCcEDS S.K4LL NJT AGFECT LESSEE'S OS:IGAT10r~S U~0'eR S~CT,ON 12, INC! L1i11NC I i5 DBLIGATON TO CAY A!~Y DIFFERENCE 6~Y~EEN TE~.IINATtON V'A! UJOPTION PRICE PT:D !!~'SV~w'J:.E PROCEEDS A.4p SALVAG° .~RpG'EE05 RcCEI'JED BY _ESSOR~ A;ternalively, ',yin pray apprPta! Dy : 55pr, Lessee may meal !-us requ~renwrY, by '.~m:sning Lesso; With sa:s'a;bry D!~f o' seU-irsurar~Ce are a' Lessees 2'~itity' 4 mee; :~ obf -ai+xs Re!evnder, 8, INTEREST ON DEFAULT• M Lessee tails :o pay Deny :ease payma^~sl epeo6e9 it Se;non iw,thin te.^, (10; oats scar Cie care d~0, Less;"e srwll {uy L6SSa' VItC!eSl 011 SuCn tlelnnpUEM Lease ~a;+-,a~r„s) from the d,~e date onUl pain a: tie gwer d twFtve ¢erc6nf (i2%) per enn~:m o• Lne nphes! 2le petrrnttc,c h 12.v. 9. ASSK3NMENT b bUBLEA$E LESSEE SHALL I: CT SELL, ASSIGN, TRANSFER, PtEOGE 0?t HYPOTHECATE THtS LF.A&E, THE EQUlPIde^NT OR l,NV PART THEREOF, OR ANY INTEREST THEREIN, Oft PEI;MIT THE EQUIPMENT OR ANY PART THEREOF TO BE USED E1' ANYONE 0`75ER'?4AN L~SSEE OR RS EMPLOYEES. EYCFiF'T TO IT3 CORPORATE AFFILIATES, LESSOR SHALT NOT SELL, ASSIGN, TRANSFER, PL:OGE OR HYPOTHECATE THIS I_':F,SF TO an~roNe. 10 TI i LE• Tiue t0 Ne Equp;-,ant shall piss to Lessee i^.tme~3bt6ry upon axep~n:e cE the Equlplnh! Cy LESSee, sttb}ea to :essp's ssatiy ir,L•!e5t. JGOn tertnina Wn pf the Lease under Seston a, S.,ectnn 5. r a Sertan 7. Eee b vie EGuipmen: snafu rave', L^ Leafor, 11, SECURTY INTEREST. As se;,a-y !a Lessee's gve and anc opu~,ons under tlvs Le25e, Lessee ;,rent ro Lext;rt a;d ICs a5s+g.Xw a st-c;uiy inte!est in t~f Eq',rgment End aA aGachrnen~t, oodtlxs, ec:.easuns a~,~ s~r'vs titutlans tp o! la ;ne E'9'spme'r Cassese earcw b ezo~.:e such F,;},',iti;u'1a; 6aO~e,1:t, 1nU;;~ng fnanv>;, statements, atfi Davits, nptl~s ano simlar 'cst!;~~rrtents, in !"vf^~1 sa i4'e~y t0 LESSx, Wt:.~n L.°SS~ dEe^13 nFY~2S51'y p! ap~mpr;ate ~ estaalsh an; m,:ntan a x ;;~xy inlresL ~~~~'~ ~ t3.3 Lessee anell dive! to Leases ce :`Estee w cy>E! evelen~ sat~s!a;.~ry Fj Lesso! that sncurance 's r'1a;ntEined as rc-aunea under SecGpn 13 " and !3."e u~l Lessee s n0 1x48r Mab;e~ b! loss a 5a~^a;e W the e7u4amerri as arrn/Jed m Sr'„an 12 Iser9oh Such msu.ance aha4 be elfect've kxn the ~~ p( the ',ease arA shsA n4`~~o a da,xo oS~p:.bn~ L'~e Mx~2r M gn~e LYSSV' nut fes~ L^.an f!hwn (r5r days prior wr,rar, npFOe of ony mac;.n21 G`taNy`~ m a Cdocelatipn or the ins'urar.ce. !l Lessee !au tJ Celrrer e+rser„,e of p'tys:~l dnm age ;ncura ncc y m ma~;,,g,n au;.n msuren~ er !.+-„e oral Lesse6 a ra t5..ga, 9abie !pr loss cr des-ax ~ ~e E~„~,pment undw Segpn 12, i; 's ~r~e!stpoo the ! essor may, Cut Sral! ro~ be cJ::;aho ;c par;.~ase soon. msura~n ^ Les6~e agrees to pay :^e cost t^erea! at suit fine as Lessor denands x to Rave to cos! i~ereol axed y the Lease Payme.nh d'.re r+?•e~.ndar, a! Ne eae Ciot.~ctan a! Lessor, i~~: mlu,l5 ~,PP 310G Bacldioe Loader Mechanical Suspension Deluxe, Vinyl, Swivel Seat with Lumbar Adjustment and Arm Rest, Fully Adjustable • Molded water channels help drain moisture off seat . Crank in front of seat allows adjustment of suspension tension . Seat adjustments include: o Height and weight o Fore/aft movement o Lumbar support o Armrest angle o Swiveling . Includes 2-in. retractable seat belt Copyright ©Deere & Company. All rights reserved. Last Modified: Page 1 of 1 http://configurator.deere.com/graphicurls/cedMktDocs/410g/2625.htm 5/20/04 410G Backhoe Loader Four Wheel Drive (4WD) with Front Wheel Limited Slip Differential and Powershift Transmission Page 1 of 1 . Sealed front axle resists contamination when working in mud water conditions • Limited slip differential automatically gives 75% tractive effort to the wheel that is slipping . Includes drive shaft guard on main frame . Four-wheel drive on/off indicator illuminated located on right console . Transmission includes torque converter with electrically actuated twist grip F-N-R in 1st through 4th gears Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/410g/3085.htm 5/20/04 410G Backhoe Loader Standard Dippe>~stick Auxiliary Plumbing for Five Function Valve Plus Selective Control Valve Page 1 of 1 . Includes hydraulic lines from the selective flow valve section to end of dipperstick. . Required for hammers, compactors, high or low flow motor attachments mounted to end of dipperstick. Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/410g/5330.htm 5!20/04 410G Backhoe Loader Page 1 of 1 . Includes (1) 650 lb. (295 kg) counterweight and (3) T165739, 2501b. (113 kg) counterweights COUNTERWEIGHT SELECTION CHART Select the Proper Counterweight for the Machine and Optional Equipment Minimum Counterweight Required COUNTERWEIGHT SELECTION CHART Select the Proper Counterweight for the Machine and Optional Equipment Minimum Counterweight Required ~~ ROPS or Cab with or without MFWD 410G Standard Dipper Extendible Dipper Code Without With Coupler Without With Coupler Coupler Coupler 7640 1.25 Cu. Yd. Loader Bucket 8410 -Bumper 8410 -Bumper 8475 - 900 Ib. 8485 -1150 Ib. 7645 1.3 Cu. Yd. Loader Bucket 8410 -Bumper 8424 - 400 Ib. 8495 -1400 Ib. 8495 -1400 Ib. 7655 1.5 Cu. Yd. Loader Bucket 8410 -Bumper 8410 -Bumper 8485 -1150 1b. 8495 -1400 Ib. 7685 1.25 Cu. Yd. Multi-Purpose Bucket 8410 -Bumper 8410 -Bumper 8475 -900 Ib. 8475 - 9001b. Loader Coupler and Attachment Reduce recommended counterweight by 250 Ib. (113 kg.} Rear attachments weighing 600 Ib. (272 kg.) to 8475 - 900 Ib. 8485 -1150 Ib. 8495 -1400 Ib. 8495 -1400 Ib. 1000 Ib: (454 kg.) " Auxiliary plumbing and cotnrois or rear 8485 -1150 Ib. 8495 -1400 Ib. 8495 -1400 Ib. 8495 -1400 Ib. attachments weighing 1,000 ib. (454 kg.) and over "NOTE: Reduce the recommended counterweight by 650 /b. (295 kg.) when equipped with aMulti-Purpose Bucket. Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/410g/8495.htm 5/20/04 1,4001b. (635 kg) Front Counterweight 05/18/2004~0~:46 8968481 K C READ & BRIDGE PAGE 02 SPECIFICATION # 0038-04 PAGE 7 5/I 8/04 Bid :Form for Lease of WHEEL LOADER B]D DUE DATE: lviay 2l, 2004 @ 5:00 p.m, Da not include Federal Tax or 5larte Sales Tax. Tfte necessary exemption certificates will be issued upon request. ITEM DESC~tIPTION 1. ONE (1) NE'VV CURRENT BACICHOE LOADER Manufacturer and Model No; JOHN ~1:~R1= 310SG Warranty;. 5 yR. 5,, 000 NUURS Time Needed £oa~ Delivery: ~ 5 - 60 DAyS 2. Five (5) year Lease (60 months @ $ ~ 0 4 . ~ G /mo) $ ~ ~, 2 G 7.6 0 3. GU,AR.ANTEED REF'ATIt EXPENSE (from. delivery to 5 years or 7,500 hours whichever comes first:}--- SHALL NOT EXCEED 4. TOTAL COST BID (Add Item 2, and item 3) $ 8 500.00 $ 56, 767. GO BzDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THiS BID FORM I certify that the above BA,CI~.IiOE LOADETZ to be delivezed under this bid will meet or exceed all of the minimum specifications a~ad conditions set fozth by the County of Kerr. DATED TI-IIS 2 0 DAY OF P~.1A Y , 2044• Bidding Firm Address: Telephone: (Seal if Coxpoxativzt) By: Title: R~0 ~~UIPPf~N7 COT;PANy 5400 N. ICI 35 SA1J APJTONIO, TEXAS 7.8218 210-GG1-6300 ~~iaRK ~. c vuc~l T~RRTTORy P,i " AGPP, * PURCHASI/ UPTIUN AT EN7) JF L1=AS~ $21,342.32 05/17/2004 07:46 8968481 K C ROAD & BRIDGE PAGE 07 SPECIi+`ICATION # 003$-04 PAGE S 5/4/04 DATA SHEET `~'~ for Kerr Couctty Road & Bridge 4010 San ,Az~,tonio ,Hwy. Kerrville, Texas 78028 (830) 257-2993 .This specr,~cation packet ocust be comrpleted and returned as part of your bpd Bidders Name Rev ~UIPM~NT COMPANY Address: 5400 N. IH 35, SAN ANTONIO, TEXAS 78218 Telephone: - - ' TO BIDDER: We will be ~~ccepting bids to lease one (1) Backhoe Loader in the best interest of Kerr County according to; ;parts, service, warranty, proven reliability, and not necessarily low bid. Wheel Loader 1. Model 2. Engine 3. Hydraulics 4. Trartsrnisson S. Front Axle 6. Brakes 7. Standard Lights anal Gages 8. Wheels and Tires 9. Canopy 10. Loader Bucket .,._~ New - Cun~ent CAT 426C or Equivalent 80 Horse Power Net Closed Center/Piston 4 Speed Forward &Reverse-Shuttle All Wheel Drive (4 wheel drive) Hydraulic Inboard Mounted Including flashers, tachometer, hour meter, and Rotating Beacon Front - 11 L- i 6 12PR F3 Rear -19. S - 24 l OPR ROPS Canopy l.4 CY General Purpose with 2 piece edge Proposed SpeeiBcetlons JOHN D~~R~ MU~~L 310SG 8G H.P. UPON C~NT~R/GEAR Yes Yes YES YES Yes 12.5 - 80 - 18 10PR BRUNT 19.5 - 24 SPR REAR YES 1.30 CU. YD. / 1 ,~~.ece 05/17/2004 .07:46 8968481 K C ROAD & BRIDGE PAGE 08 lI. Controls 12. Counter Weight 13. Stabilizers I4. Opez~ating Weight 15. Auxiliary Hydzaulic Lines lb. Backhoe Dig Depth I7. Backhoe $uckets 18. Backlzae $ucket big Force. 19. Machine Watxazaty VJ 20. Delivery Universe! /Wobble Stick 1,000 LB Minimum Reversible street pads Stabilizer Guards 16,500 Lb. Minimum Auxiliary lines to stick with all Necessary valves and connections To run a Hydraulic Hammer Standard stick 15' 6" Quick Coupler Design Heavy buty with teeth 24" & 12" 14,000 LB. Minimum Standaxd Warranty 60-90 days or sooner FOB Kerr County S1'ECIFICA"i`ION # 0038-04 PAGE b 5/4/04 yes 1.150 L1i. yi=S 15, 273 LB. y~S 14- ~n y~S 15, 23G L~3. 5 y~AR - 5 000 f10URS 45 - GO ~AyS Az-y specifications that do n;ot meet required specz~tcations will not be considered. Kerr County xeserves the z7ight to reject ;any and all bids. Sealed bids will be accepted until 5:00 p.m., May 21, 2004, at the Ken County Clerks Office. Sealed bids are to be addressed to the Kerr County Road & Bridge Departzxaez~t and be stated "SEALED BZD 0038-04 B.ACKHOE LOADER" on the etzvelope. Bids wzll be publicly open~+d and read at 10:00 a.zn., May 24, 2004 in Commissioners Court. ,.~ 05f17/20@4 07:46 8968481 K C READ & BRIDGE PAGE 06 SPECIFICATION #0038-04 PA,C3~E 4 5/4!04 J. The vexldox sha11 have the right to examine repair casts at any reasonable time. Should a dispute occur between the County and the vendor, as to whether a charge should be included in corzaputing the guaranteed maximum total cost o~repaizs, then the entire matter shall become subject to arbitration as set forth in the bid docume~ats. Name of individual. authorized to bid: MAP.K J. CROUCH Signature: FimnName: R~U ~9UIPM~NT CUMPANy Address; 5400 N. IH 35 SAfJ APJTUNIU, TEXAS 7821 ~ 'T'elephone: FAX: 2( 10) GG 1 ~ G300 210 GG 1-- 2435 •,..~- Bid Bond SURETY DEPARTMENT KNOW ALL MEN BY THESE PRESENTS, That we, RDO Equipment Compan THE HARTFORD BOND No. Bid Bond 5400 North IH 35, San Antonio, TX 78218 as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of CT ,whose principal office is in Minneapolis , as Surety, hereinafter called the Surety, are held and firmly bound unto Kerr County Road and Bridge as Obligee, hereinafter called the Obligee, ire the sum of Ten Percent of Amount Bid Dollars (~ 10.00% for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Vl'hereas, the Principal has submitted a bid for Bid for John Deere 310SG Backhoe NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance unth the terms of such bid, and give such bond or bonds as maybe specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such. contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of May A.D. 2004 Attest RDO Equipment Company (SEAL) (Principal) By: O~~ Witness By: rrlu Hartford Fire Insurance Company (SEAL) By: /~ ('fige) Michele Grogan Attorney-in-Fact Obligee's//nsured's Name Kerr County Road and Bridge Obligee's/lnsured`s Mailing Address 4010 San Antonio Highway Kerrville, TX 78028 Bond/Policy Number Bid Bond IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for al( coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your band/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding astatutorily-established deductible paid by sureties/insurers until such time as insured lasses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the band/policy, there is no premium for the coverage. Terrorism remium: $4 Farm B-3333-0 Page 1 of 1 ~ 2002, The Hartford POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 OX Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Ann Higgins, Michele Grogan, Maryann Folta, Marata Kad/ec, William L. Mershon of Minneapolis, MN their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~T1'1~ ~ `^,tes t cA~„" ' iav"~oA, °,~r r+A ,.. drr ~ y......... ~IMMy~ ::gee. neur;;~'w F tY 11 t ~~ , :I ~°nroee,~o^. T; ~°,heoxraurtn ~j d «- ~4xumc~"~' 7f /~~RN' . tD79~~` ~°:1979 ~- d R xe` ~¢,.. -;_ :y~~ ,~Y •~yr -.....: y4~ ~; •,..,.. /`qo ,£ °ri~;'w./'.~'e ' ,~.~ 1 9 7 9 ~~ • '~"^.,y~n..:j A'~ Ao~ • ~uwo~ Ao,aao' ~....'Ram~„ 'm °x,y, w ~~,Q ~ . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. ,~t •. r~ 1 • ~~ w Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of ~~ ~ ~~ Signed and sealed at the City of Hartford. ~t~fi ~ rxF^,tA1.: err i ear ~~~!"a"mw"",bAV,,~: i~ : ~~ee^n~.rr.; ~ ~ *ve r ~~. ~,•'~oMOAq~,':-: ?~ ~xaowautAo r 'w1-~ o~nAAiu~cyli A•!1~' s,-st, 1079/~0 ` 1879f:~ - `,?. 7979 }, 1%,y ~ I+.........~: f~ s'yM1M )'.s.. -"~4 a ,7 ~....~`~~'~ 'C'yN. ~ '4P~oa:,:.o~9~/ YA "r A~~ • ..~~~t,AO~ ~AO~aN' '-.,Romo„p. rxarx. - ~./ Z~ti%~ Yves Cantin, Assistant Vice President POA 2002 ACKNOWLEDGMENT BY SURETY STATE OF Minnesota ss. County of Hennepin r~ ~/ /~~/ 2004 ,before me personally On this o5 ~ y '~ day of appeared Michele Grogan ,known to, me to be the Attorney-in-Fact of Hartford Fire Insurance Com an ,the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. (Seal) max ' TARA L. LUPIE ~ ~/ ~ Notary Public Minnesota MYCOmmission Expires Jan 1+ ?M~. NOtary Publl in the State of I e Ota .R,. ~... County of ennepin S-0230/GEEF 10/99 Fetter Proposal INVESTMENT PROPOSAL LEONARD ODOM, JR KERB COUNTY ROAD & BRIDGE 4010 SAN ANTONIO HWY KERRVILLE, TX 78028 Phone: (210) 257-2993 ~ W 310SG (Not actual unit) Page 1 of 2 r RDO. EQUIPMENT CO. 5400 N. IH 35 PO Box 18445 San Antonio, TX 7$218 Office: 210-661-6300 Mobile: 830-391-2975 Fax: 210-661-2435 May 19, 2004 Leonard, thank you for allowing me the opportunity to quote you this new JD 310SG. It's a 2004 model with approximately 1 engine hours. We appreciate your business. Mark. (New) 2004 JD 310SG • 1760T - 310SG BACKHOE LOADER • 2025 -BOPS W/ROOF & ADD"L LIGHTS • 2625 -SUSPENSION VINYL SEAT • 3075 - SYNCHROSHIFT MFWD AXLE • 4780 - 12.5/80-18 FT/19.5LX24 REAR • 5025 -STANDARD BACKHOE • 5130 -FIVE FUNCTION FLOW WNALVE . 5225 -TWO LEVER CONTROLS • 5330 -AUX. PLUMBING FOR STD BKHOE • 5480 -STD STAB W/REV FEET • 7025 -LDR W/RTD AND 2 FUNC HYD • 7645 - 1.30 CU YD LNG LIP LDR BKT • 8485 - 1150 LB FRT COUNTERWEIGHT • 8625 -ONE BATTERY-150 MIN CAP • 9040 -HIGH AMB. COOLING PACKAGE • 9140 -BUCKET CYLINDER (HEAVY DUTY) • STABILIZER CYL GUARDS • ROTATING BEACON Attachments 5998024 24" OC HD1 BUCKE $0.00 CSJ2601 ELIMINATOR COUPLER FOR 310SG $0.00 5998012 12" OC HD1 BUCKE $0.00 Warranty Information John Deere Mfg. Base 12 nnor,tns $0.00 John Deere Full Extended so Months or soon Hours $0.00 Total Equipment $59,500.00 Sub Total $59,500.00 Applicable sales taxes to apply Total Investment $59,500.00 Options (Not included in Total Investment) PREVENTIVE MAINTENANCE "Applicable Travel Charge and Sales Tax to $0.00 apply Hours Mark Crouch TERRITORY MANAGER RDO EQUIPMENT CO. mcrouch C~ rdoequipment.com This proposal is valid until 06/19/2004 and is subject to prior sale. http://ngsp.rdoequipment.com/letter.cfm?QT_ID=29052 5/20/04 Letter Prgposal After that date the quote and terms in this proposal may need to be revised. Page 2 of 2 http://ngsp.rdoequipment.com/letter.cfm?QT_ID=29052 5/20/04 Z 0 m w 0 rn r m C m D -~ n r O ~_ Z N O m 0 o 3 I' ~ m m O =• m a ~' N ~ ~ v m ~~ ~ r co ~ W D v ~ ~ ~ ~ w m ~ 0 ~ ~ y O n Z = rt EA 7 n ~ ~ Q o O krular to those peRomted by the Equipment for a period o! (90) days from the dale of surtender of the Equipment EARLY TERMINATWN I PREPAYMENT - In the event Leases shouk! desire to terminate this Lease in its entirety a for any piece ~ equipment drsaibed in any Exhibit attached hereto, or prepay its obligation on arty Lease Payment due date prior to me antl a eta Lease Terra, Ta reaSORS OBWr than nonapproptiatiat pf ftatds as described in Section 4, the foaowing options are ava'tleDle: 5.2 Lessee may request Ltrssor to sell the Equipment for a fair rcWrket Price, antl Lessee shalt pay Lessor the Termination VaWe shown on the- Payment Schedule kaa Ne net proceeds received Nom'the sale of the Equipment T. PROPERTY TAXES, LICENSE FEES, ETC. In addition b the Lease Payments to De made pursuant b Section 1, Lessee agrees to pay, and to IndernmYy and hoed Lessor harmless frurtrdtl Ik:ense, sales, use, personal property or other taxes, penalties, tines, tnterest a charges of any kind that may he .assessed a charged against the Equipment or use thereof. 3. LESSEE'S COVENANTS i R~PRESENTATtONS Lessee represents antl warrants as fONOws 4a the benefit d Lessor (al! such represert}ationsend warranties being Cdrttinuing), and is dr,Iivering an opinionof Its Cbunsel dated the date hereof, m form and substance satisfactory to Lessor; confirming trial Lesseo Itas the authority to enter inb this Lease and make ms kllowing Representations and warranties: 3.1 Lessee is a public body txxporate and pdi5c, or pditicat subdivision thereof, tepees existing under the laws of the 3tata of : I 5. 3.2 This lease has been duty avtnprized, executed and dekvered to Lessee; 3.3 Thu tease rs a bgal, valid and binding obligalkxt of lessee, enlaceaDle in accordance wffh its krrns. Lease further represents and warrants as follrrws: 3.4 Lessee will do alt things lawfully within ib power 10 obtain and maintain Nnds from wntcn me Lessee payments may be made, k+ciudlrtq maldnp provision foe such paymsms to ihn extent necessary in each biannual or annual budget SubmRbd iCr fete purpose of obtaining funding, using i~ bona fide best everts to have such poRiott of the budget appraed and exhausertg all available reviews and appeals in the event such potion of the budget Is not approved. To me knowledge of Lessen, Here are h0 CireumsfanceS affecting me Lessee fat could reas~Onably be expt)cted to altar iG foreseeable need fpr the Equipment a adversely affect ifs abiiry w willingness b budget funds for me payment of sums due hereaflec 3.5 There are no actions, lawsuits or proceetl;ngs pending; a, b the krttnNetlge of Lessee, Otreaterted against a affecting Lessee in any rxx,n a before arty govefnrnenbl commission. board w authority whlt~l, if detemuned adversely against Lessee, would have a tnateYHl adverse effect on the a!>;lity of Lessee to perform ib obligatiat under this tease. 3.6 Lessee doss no[ have twdgeted nt its cxrnent 11SCd1 period SutfiaeM funds to purchase the Equipment for cash. 3.7 This )ease vn71 not constitute a `private activity bond` within the meernng of Secton 141 of atelntemal Revenu¢ Caie in that Lessee will not strtNease the Equipment, nor will lessee enter into any rr+arta9entdnt twtput, a 5ltttiWr types of contracts where more than 10 percent of me proc4etlS of fife leaae- purchase agreamertt wia be used for one or more private business uses a where the payment of the prirtcitral ot, a interest on, more than t0 percent of the proceeds of this lease wit be made, eimer directly a indirectly, DY payments, propeRy. a manias borrowed by private twsirtess uearo ('fhc term 'private business use' means arty direct Or indirect use in a trade or twsirtess carried on by an individual a antfty cater Nan a stele a local goyermnant unit, uxluding use by ma Federal t3dvemment a any agency (hereof. A sttstcial exelrtptiort is Providetl !w "exempt faGliy bonds" and "501(c) (3) (tax exempt organization) bonds") 3.8 This Lease wet be used fa government or 501(c) (3) purposes and. thus, unit not catsGtute an investment This Lease was not pealed fa' the ptrrppse of arbitrage. NeveRhaless, should a •CeRficate v/ Aro~trage' be required, this Secaon is deemed to be such a Certlritate, axoculad and delivered in atxordance v,1dt the Dmvisions Ot SeC60n 1.103.13, 1.103.14 and t.t03•t5 of the maxne Tex Regularwns. And by Ne signalute of the Lessee below, five Leases cues fleet the Lrrssee has not been notified Dy Me Internal Revenue Service of any listing or proposed listing of the Lessce as an issuer whose arbibage 5.2 Lossee. having ttommpl)ed wim the terms and COrWieprts at this Lease, shall have vie option to DrepaY its obligation by paying the Temt(netion Value shown on the Payment Schedule. 8. NEW EQUIPMENT WARRANTY - Lessee acknowledges. and agrees (a) mat the Equipment Kos selected by Lessee; (b) that lessee Is satisfied that the same is suitable fa its purpose; ~ that Lessor is not a manutaaurer thereof nor a deabr In property d such kintl: and (d) THAT LESSOR FIP.S N07 MADE. AND DOES NOT HERESY MAKE, ANY REPRESENTATION OR WARRANTY OR COVENANT WITH RESPECT 70 THE MERCHANTABILITY, AND CONDITION, QUALITY, DESCRIPTION, DURABILITY, OR SUTiADILITY OF ANY SUCH UNIT IN ANY RESPECT OR 1N CONNECTION WITH OR FOR THE PURPOSES ANO USES pF LESSEE, Lesser herelry assigns W Lessee, b The ezbnt assignable, any vrarnntiea, novenonts, and roproaentaVons of the Venda wim respect to the Equipment, provi0e0 that any action taken by Lessee by rwt;dn (hereof shah be at the sole expsmse of tees Lessee and snarl b9 doroistant with Lessee's obkgations pursuant to the tarns of tfti5 Agreement 7. DEFAULT 8 6~SSOR'8 REMEDIES 7.t The occurrence of one a more of the fopowing events shall constitute an Event of Default, whether oecuninp voluntaruy, by opeta5on of law or pursuant to any ceder of any CAVR a governmental agency; 7.7.1 FaiNre by Le55ee b pay any lease Payment wtmtn atirty (30) days of the time speeifiad; 7.t.2 Lessee's failure to comply with any otter covenant, tbrt0itbn a agreement of Lossee hereunder for a period of thirty (30) days aHer notice thereof: 7,1.3 Lessee shall make, perrnn a sutler any unaulhtYited assignment, Transfer or other disposition of this Lease, a any interest nereirt a of any item(s) of the Equipment or interest therein: 7.t.a Any other event, the oolrnende of which causes Lesser b deem 1tsall inseCUre. 7.2 Upon me dnturrrnca of any Event of Dotautt eperJfied herein, Lessor May exercise arty a aA of the fOlbwing remedies: 7.2,1 Enforce mis Lease by appropriate action to collect mtaunls due a To become dud hereunder. DY aWlteraUOn a otherwise, ADnn~tUAAL 1`ROVTSlONS CONCERNING RIGATS Op THL rAKT1ES ON THE R$VP.kSE S)DE ARE PART OF THLS ACRE&NCn7 L}:SSOR: DEERE CEEDr[. !NC LESSEE: AY__.~.._. _--.. 8y - DAs! 0.eclplld hAX NU, ]~UUdlb~l6( N, U2 A17DTTIONAL PROVISTUVS CUriCER'~ING R1c;IITS OF TES PARTIES 7.2.2Tetminate this Agreement and repossess the Equipment, in whim 12. LOSS OR OAM ev®nt Lassos mall be liable for a arty mount' payaDNa nereundef the E ~ AGE TO EQUIPMENT- All risk of loss a damage tp through the date of such termination and a~ > ~)d~ Dees the ev~er~t~of w~l ~ p~j ~ ~ q~tP~M Glesse~shatl pay Lessor the (inducting, tort not limited to reasgnable attor unaf Dy Termination Value shown on the Pa nt Lessor in connection Iherewiy. YR1e St3ledtde for the cement lease Pa t dot 7.2.3Sell the Equipment at puDtlc or private sale. In the event the proceeds of Such sale, less ih8 CASb of repossession (including reasonable ariomey's tees and the coats of eaJe) and less any pall due Lease Payments or interest owing by Lessee (the "tltsposition aediP), do not [goal the appNCable Temrnation Value on the buarent Lease Payment date, then lessee shah be liable for the ditterenCR between said dlspoaitipn credit end such Tamgnation Value. 7.Z.4Pursue and exerdse any other rerrtedy avallaDle at law 0r M equity, ;n which avant lessee shah tx liable for any and au costs and exPen509 {Inducting but not Iknitect fD reasonable attomeYs fees) incurred by lessor in tbnne0tlon therewith, a, INTEREST ON DEFAULT- M t:esaet; faits !0 pay arty Lease Payment(s) spedfir30 in Section 1 within ten (10) days attar the date due, Lessee shall pay Lessor tnter¢SI Ott such dalingtient Lease Payment(s) from the due date until paid at the lower Dt twelve Dercen[ (i 296) per annum or the highest rate permider) try taw. 9. ASSK3NMENT b SUBt.EASE LESSEE SMALL NOT SELL, 4SSIGN, TRANSFER, PLEDGE 6R HYPOTHECATE THIS LEASE, THE EQUIPMENT OR ANY PART THEREOF, OR ANY WTEREST THEREIN, OR PERMIT THE EQUIPMtENT OR ANY PART THEREOF TO BE USED BY' ANYONE OTHER THAN LESSEE OR fT5 EMPLOYEES. ©tCEpT 70 tTS CORPORATE AFFtLtATES, LESSOR SHALL NOT SELL, ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE THIS LlcASE TO ANYONE. 10. TITLE- Title [0 the Equipment shah pass to Lessee immedlatety upon aaeptance of the Equipment by Lessee, subjea to Lessor's sewrily interest. upon tarmtnation of Vti9 Lease under Section 4, s;ece„n 5. t a Section 7, title to the Equipment shall revert to Lessor. 11. SECURfTY INTEREST- As security for Lessee's cpvattanta and obligations under this Leasa, Lessee grants to Lesser and its assignee a security interest in Nor Equipment and aN atLtchments, ndd.fions, aCCeaSWr16 and substitutions t0 Ot for the Equipment, Lessee agrees to «eate such additional doaxtlents, inductee financing statements, af6darNs, notlces ant similaz insUumenlt, in fomt 3ati-factnry b Le550r, wnKlt Lessor deems nga:ssary Or aDproMiate to establish and maintain as sewrily interest Yman e, less proceeds of rnsurart00 and Salvage vales 01 the Equipment. c~~~~ 13. INSURANCE 13.1 Lessee, at ib own expense, will carry Comprehensive General Liability Insurance including contractual IidDNity with minimum limits of 51,DOO,ppp ttodiry iniury each occurrence and 2250,Opo property damage each occurronoe. Lrsc-- also agree, to have its insurer incude Lessor arW its assipn3 as Additional Insureds. 13.2 Lessee, at its own expense, shat keep the Egtapment insured against all risk W physical damage t0r no loss. Ulan its aUUal cash value. Such insurance shaft include a too PaY~ louse made out in favor of the Lessor, and the proceeds of same insurance. at the option of Lessor, shall be applied toward the replacement, restoration a repsv of said EOutpmont, or b payment of any oDNgation to Lessee hereunder. PAYMENT OF ANY INSURANCE PROCEEDS SHALL NOT AFFECT LESSEE'S OBLIGATIONS UNDER SECTION 12, INCLUDING ITS 08LtGATION TO DqY ANY DIFFERENCE BETWEEN TERMINATION VALUE/OPTION PRICE AND INSURANCE PROCEEDS AND SALVAGE PROCEEDS RECEIVED BY LESSOR. Alternatively, upon prier approtr'dt by Lessor, Lessee maY meet this requirement b?' famishing Lessor wUh satisfactory Proof of selFinsurance and of Lessee's aDiliy ~ meet its obGgalarrs hereunder. 13.3 Lessee stroll deliver to Lessor cerUflptes or Dyer evidgnpe satisfactory W Lessor yet insurance is maintained es required urWer Section 13.1 and 13.2 untli Lessee is n0 Ienger tiaDk for toss a damage t0 the EOUlpment a5 provitled m Section 12 Hereof. Such insurance shall be effectlve 6om ttp date of tea Lease and shall indutla a dauso oblisating the ;ruuror to glue L~or nut Tess than fihenn (15) says prior written notice of arry material change in tx gnceHation of the insurance. tf Lessee fails to deliver evidtxtCe of phYsioal damage insurence or t0 mairta;n seen insurance in forrz untN Lessee is no longer Sable for toss or dentage f0' the EquiP~nt under Section 12, d is understood Ute Lessor may, but shall npl bo obligated to purchase such insurance. Lessee ogress to pay ins cost thereof at such Unta as Lessor demands or to have m cost b+ereof added tp the Lease Paymantc due iMreunder, at the sae dicoretlon of Lessor, -~ee'a Inltia,s APP 310SG B~ckhoe Loader Mechanical Suspension Deluxe, Vinyl, Swivel Seat with Lumbar Adjustment and Arm Rest, Fully Adjustable • Molded water channels help drain moisture off seat • Crank in front of seat allows adjustment of suspension tension • Seat adjustments include: o Height and weight o Fore/aft movement o Lumbar support o Armrest angle o Swiveling • Includes 2-in. retractable seat belt Copyright ©Deere & Company. All rights reserved. Last Modified: Page 1 of 1 http://configurator.deere.com/graphicurls/cedMktDocs/3 l Osg/2625.htm 5119/04 310SG Backhoe Loader Standard Dipperstick Auxiliary Plumbing for Five Function Valve Plus Selective Control Valve Page 1 of 1 . Includes hydraulic lines from the selective flow valve section to end of dipperstick. . Required for hammers, compactors, high or low flow motor attachments mounted to end of dipperstick. Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/310sg/5330.htm 5/19/04 310SG Backhoe Loader Four Wheel Drive (4WD) with Front Wheel Limited Slip Differential and Collarshift Transmission .... :~ ~ ~ ,;~ ,~~ . ~; ro~~:ey ::,• ', Page 1 of 1 .Sealed front axle resists contamination when working in mud/water conditions • Limited slip differential automatically gives 75°Io tractive effort to the wheel that is slipping . Includes drive shaft guard on main frame . Four-wheel drive on/off indicator illuminated located on right console . 4-speed fully synchronized collarshift transmission Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/310sg/3075.htm 5/19/04 3.lOG Baclchoe Loader Page 1 of 1 . Includes (1) 6501b. (295 kg) counterweight and (2) T165739, 2501b. (113 kg) counterweights COUNTERWEIGHT SELECTION CHART Select the Proper Counterweight for the Machine and Optional Equipment Minimum Counterweight Required ~~~ ROPS or Cab with or without MFWD 310SG Standard Dipper Extendible Dipper Code 7630 7835 7640 7845 7685 ~ ~ Without Coupler 1.20 Cu. Yd. Loader Bucket 8410 -Bumper 1.12 Cu. Yd. Loader Bucket 8410 -Bumper 1.25 Cu. Yd. Loader Bucket 8410 -Bumper 1.3 Cu. Yd. Loader Bucket 8410 -Bumper 1.18 Cu. Yd. Multi-Purpose Bucket 8410 -Bumper With Coupler Without With Coupler Coupler 8410 -Bumper 8475 - 900 Ib. 8485 -1150 Ib. 8410 -Bum per 8475 -900 Ib. 8485 -1150 ib. 8410 -Bumper 8475 -900 ib. 8485 -1150 Ib. 8410 -Bumper 8475 -900 Ib. 8485 -1150 Ib. 8410 -Bumper 8410 -Bumper 8410 -Bumper 7875 1.25 Cu. Yd. Multi-Purpose Bucket 8410 -Bumper 8410 -Bumper 8410 -Bumper 8410 -Bumper 7885 1.32 Cu. Yd. Multi-Purpose Bucket 8410 -Bumper 8410 -Bumper 8410 -Bumper 8410 -Bumper Loader Coupler and Attachment Reduce recommended counterweight by 250 Ib. (113 kg.j Rear Attachments weighing 8001b (272 kg.j to 1000 Ib. (454 kg.). 8455 - 850 Ib. 8475 - 900 Ib. 8495 -1400 1b. 8495 -1400 1b. 5330/5350 Auxiliary Plumbing and Controls or rear attachments weighing 1,000 Ib. (454 kg.) or more 8475 - 900 Ib. 8485 -1150 Ib. 8495 -1400 Ib. 8495 -1400 Ib. 'NOTE: Reduce the recommended counterweight by 650 /b. (295 kg.) when equipped with aMulti-Purpose Bucket. Copyright ©Deere & Company. All rights reserved. Last Modified: http://configurator.deere.com/graphicurls/cedMktDocs/310sg/8485.htm 5!19/04 1,1501b. (522 kg) Front Counterweight 05/18/2004 07:49 8968481 K C P,OHD ~ BPIDGE PAGE 02 SPECIFICATION # p038-04 PAGE 7 S/18/04 Bid Form for Lease of WHEEL LOADER BID DUE DATE: May 21, 2004 @ 5:00 p.m. Do not include Federal Taz or State Sales Taz. The necessary exemptiovt cert~cates will be issued upo~r request. ~M DESCRIPTION 1. ONE (1) NEW CURRENT BACKHOE LOADER Manufacturer and Model No: JCI3 215 WairAnty; One (1) Year Time Needed for Delivery: 0- 0 days .o. 2. Five (5) year Lease (60 months @ $1, 227.00 /mp) $73, 620.00 3. ~; GUARANTEED REPAIR EXPENSE ` (from delivery to 5 years or 7,500 hours whichever comes first)--- SHALL NOT EXCEED $ 2, 875.00 4. TOTAL COST BID (Add Item 2, and Iteru 3) $ 76, 495.00 BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WI~'H THIS BID FORM I certify that the above BACKHOE LOADER to be delivered under this bid wzll meet or exceed all of the minimum specifications and coanditions set forth by the County of Kerr_ DATED TFIIS 21 DAY OF __~' , 2004. Bidding Firm:, Address: Telephone (Seal if Corporation) By; Title: Anderson Machinery San Antonio, Inc. 9415 N. E. Loop 410 San Antonio, Texas 78219 66 - 971 Vice President 05/17/2004 13:48 8968481 K C ROAD ~ EP,IDGE PAGE 07 SPECIFICATION # 0038-04 PAGE 5 5/4/04 DATA SHEET ..~ for Kerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 (830) 2572993 This specification packet rrrrrst be completed and eetrrrned as part oJyora bid Bidders Name ~~~ ~~~Y San Antonio, Inc. Address: - Antonio, Texas 78219 Telephone: (210) 661-2366 TO BIDDER: We will be accepting bids tong one (1) Backhoe Loader in the best interest of Ker; County according to; parts, service, warranty, proven reliability, and not necessarily low bid. Wheel Loader Proposed Specillcadons 1. Model New -Current -~_ CAT 426C or Equivalent New JC13 215 2. Engine 80 Horse Power Net 92 Net HP 3. Hydraulics Closed Center/Piston open center/Dual Gear 4. Transmission 4 Speed Forward &Reverse-Shuttle YEs 5. Front Axle All Wheel Drive (4 wheel drive) YES 6. Brakes Hydraulic Inboard Mounted YFS 7. Standard Lights Including flashers, tachometer, YES and Gages hour meter, and Rotating Beacon YES 14-17.5 10-Ply FYront 8. Wheels and Tires Front -11L-1612PR F3 19.5E-24 10-Ply Rear Rear -19.5 - 24 1 OPR. 4. Canopy l 0. Loader Bucket 1.Q, CY Genet~al Purpose with 2 piece edge 1.4 CY General Purpose L~ucket with 1 niece edge RODS Canopy YEs 05/17/2004 13:48 8968481 K C ROAD & BP,IDGE PAGE 08 11. Controls ~, 12. Counter Weight 13. Stabilizers 14. Operating Weight 1 S, Auxiliary Hydraulic Lines 16. Backhoe Dig Depth 17. Backhoe Buckets 18. $ackhoe Bucket Dig Force 19. Machine Warranty 20. Delivery Universal /Wobble Stick 1,000 LB Minimum Reversible street pads Stabilizer Guards 16,500 Lb. Minimum Auxiliary lines to stick with all Necessary valves and conz~.ections To run a Hydraulic Hammer Standard Stick 15' 6" SPECIFICATION # 0038-04 PAGE 6 S/4/04 YFS 820 Li3S. Reversible Pads 17,000 lbs. YFS 16' 3" Quick Coupler Design Heavy Duty with teeth 24" ~@ 12" Y~ 14,000 LB. Minimum 12,200 lbs. Standard Warranty 60-90 days or sooner FOB Kerr County One (1) Year YFS Any specifications that do not meet. required specifications wi11 not be considered. Kent County reserves the right to reject any and all bids. Sealed bids will be accepted until 5:00 p.m., May ,21, 2004, at the Kerr County Clerks Offiice. Sealed bids are to be addressed to the Kerr County Road & Bridge Department and be stated "SEALED BID 0038-04 BACKHOE LOADER" on the envelope. Bids will be publicly opened and read at 10:00 a.zn., May 24, 2004 in Commissioners Court. .~: ANDERSON MACHINERY COMPANY P.O. Box 200380 P.O. Box 4806 P.O. Box 662 P.O. Box 140916 San Antonio, TX 78220-0380 Corpus Christi, TX 78469 Pharr, TX 78577 Austin, TX 78714 SALES ORDER AND SECURITY AGREEMENT SOLD TO: Address: Kerr County Road and Bridge City and State: SHIP TO: 4010 San Antonio Highway Kerrville, Texas 78028 DESCRIPTION PRICE One (1) New JCB 215 with ROPS Canopy, 4 wheel drive, 92HP Perkins diesel engine, 1.4 cubic yard loader bucket, 12" and 24" heavy duty backhoe buckets, reversible street pads and all standan~i equipment. $73,620.00 ONE (1) YEAR STANDARD WARRANTY Freight Charges $ Trade-In'/Discounts (*Describe -Make, Model and Serial No.) $ Net Selling Price $ 73 , 620.00 Sales and Use Tax or Tax Identification No. $ TOTAL CASH PURCHASE PRICE $ 73, 620.00 DOWN PAYMENT $ UNPAID CASH BALANCE $ 73,620.00 PAYABLE AS FOLLOWS: Sixty (60) equal and consecutive monthly payments of $1,227.00 with first payment due upon delive The Buyer agrees to purchase the above products from Seller at the price set forth above and on the terms stated on the face and reverse side hereto. All payments due or to become due hereunder are payable at the offices of ANDERSON MACHINERY COMPANY San Antonio, Bexar County, TEXAS. Buyer grants to Seller a security interest in said products in accordance with the terms and provisions on the reverse side hereto. * Buyer warrants that the used machinery traded-in is completely free of all liens and encumbrances except as specifically noted herein. To contact Anderson Machinery Company about this account call (210) 661-2366. This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd., Austin, Texas 78705-4207. Phone (512) 479-1285 or (800) 538-1579. Contact the commissioner relative to any inquiries or complaints. Accepte by S erg` ANDE MACH~I'NERY COMPANY NAME - TITLE ~ DATE (Not valid unless signed by an officer of ANDERSONMACHINER COMPANY) BU NAME Kerr County Road & Bridge BY T LE DATE WHITE COPY -ORIGINAL BLUE COPY -FILING YELLOW COPY -CUSTOMER PINK COPY -SALES DEPARTMENT :~ ~•~;;.':1 ~E:ti:3 Ei'3: _i~, •f,>=,,l;i i': ~:, F.C''';Ci EF~iL~r:;E F'~~.~~ i~= f~,~~ 1~~A~ ~:: C1 f 4~fiC BAt:I~HC:~~ LOAL~~R (or equir~•~,~~nt) Kerx• Cauntg~ ~~ •: ; , ~ f3ricige 4E} 10 San ~~ r°,~:~:. its Ht~ry. K~rrvi'. ~_ .a , 7~02~ ~3 f}-2 ~ :' :` ~~~3 E~_~, 11.14.1:; ~'1_~:Il~i -iN,=;:~~~1 r. _ FI_iriL _ F;F'jjif.~~ ~':y it ';;: SPEClF1CA"T'IClN # 40~$-44 YAGIw 2 5/4/04 Inviits~t~on For htia `~~~o. 0(138-04 WheeE I,a~sIer Bid Due Date: May ' l , 2004, 5:00 p.m C)peni.reg date: May 2a, s' 004 14:00 am Tkls entire bid packet must Pica t°~»epleted and returned i. Cietteral A. Kerr County Clerk wili accept sealed, c= ; ~17etitive bids for the lease of one (1) Backhoe Loader. B. Bids .must be submitted no Later than S:t.. p.rn., Friday, May 21, 2004, at the Kerr County Clerk's t~f~ice. Bids will be o~r::s,;~;d at 10:00 a.rn., Monday, May 24, 2004, at the Kerr County Commissioners Court, 1:3ids must be original and in sealed ~n~elopt-s clearly marked "Sealed Bid 4038-04." f~~dders are invited to attend the bid opening. C. Bids must be submitted on the Bid F'oa~~t~ ~ as provided with this Invitation. f©r Bids, car a copy thereof. Bidders must provide ~.=f~a prices for eack- Item Number on they Rici ' Sheet. A "No Bid" or blank quote for ~,y ltem Number on the bid Sheet will be considered a rejection of'the entire bid. ¢~. "No Charge" or "?.ero" quote will be considered as incurring no cost to the C~ ~ petty. I). Kerr County is not responsible for late ; ':eery by il~e United States Postal Servia~: any independent carrier. Late bids wilt. `, returned unopened without eon:>iderati;,~° Facsimile transmittals arc not acceptabC ~ ' F„ Bid award will be rr~.ade to the responsi~~>g bidder offering equipment meeting specifications at the lowest total price ~~ ~tiowri on the Bid Form. ~'. Kern County reserves the right to accer~~ ~ reject any or all bids. G. As this bid is expected to exceed $2`~,`',` r;,, Jt1, a bid Fsoryd often pzrcent { 10%) af'the bid price must accompany each bid. I:l is submitted by unsuccessful bidciers wilt be returned within ten {14) days oFbid op~°: ;F:tg. The bond submitted by the successful kidder will be returned upon equipmer:~° .i~ylivery. 1-I. A.ll equipment ordered by the County r, ; br delivered, at no cost to the t'ount}', tc~ Kerr County Road 8z Bridge, 4010 Saa, ~_c~r~io Iiwy., Kerrville, Texas 78028. l~i,.''_ ,''4.11_74 r'I~.; 1_l~i -~Fr;:}I_I'i I (_: F:Ilr=ii? _. F~F'ID~'~E Pi-~~.'E_. I_~F~, S.pEClF1CATlC)N # Oi'~38-04 PAGE 3 5/4/0~ U. Guaranteed T'oial PvYaxixnum Repair Costs A. The bidder shalt state on the Bid 1~csrm the g~a~ranteed maximum total costs to the County for repair. of the wheel loader specified herei~~, pursuant to the terms stated herein. B. The County will assume responsibility for a] i r epair costs resulting from damage due to fire, windstorm, flood and rising waters, lig?~tt~ing, theft and pilferage, vandalism, accidents, and operator and mechanic's negii~srnce. Total cost of the repairs due to the above circumstances will not be included in k~trnputing the guaranteed maximum total cyst of repairs covered under the contract. C.. The successful bidder shall pay for all repai. ~,:rnrluding parts acrd labor) to the equipment c-overed by the manufacturer's warranty, anti tit'ese costs shall not be included in the guaxatateed total costs of repairs. D. The County shall assume, at its expense, alt s~~~sts including labor to repair or replace all parts and .components normally consumed ~i clay-Eo-day operations such. ag tires, tubes„ fire repairs, lubricating oil, filters of all type.<.~, grease fuel, antifreeze, cutting edges, batteries, .headlights, glass breakage, belts, brake lining, cleaning and painting. These costs will not be included in computizrg the guaranteed maximum total cast of rept~irs under this cantract. E. At the termination of the contract, the vet7r,3~:~,;~ <~grees to pay to the County the cost oS' repairs that are in excess of the amount bits ~:~n RBPA7R EXPENSE. F. The County shall maintain the equipment ir, ft,:cordance with manufacturer's recommendations. G. The successful bidder has the right to irrsprc the equipmerrlt during normal department working hours anal to txrake recom.m.er;'datie.x~~. Fc>r repni~~s and improved maintenance in keeping with the requirements stated by tlic: ,r,.anufacturer in the chap razrinus~l f'or tl-e '' m~intenan.ce and repair of the equipment. 1-1. Any repairs, other than those covered in su~-•, zra.graphs 13, C, acrd D of this section, which exceed $ l b0.00 may be repaired by the ven:=' :~jr, at his option. If the vendor chooses tt~ repair the equipment, repairs steal! ct-mmetr. ~ w-ithin one (1 }day after notit~cation ray the Cr~unty. 1. 7?re accumulation of charges fTOnl County I;~~:<~r and parts, as welt as vendor invoices for repairs, other than those covered in subpart, .~ .phs B, C, and D of this section shat! be the basis for computing the guaranteed nraxin~=. ~ total cost of repairs under this contract. Fri': it:.. I t F~ Si'ECIFICA`i"i()N # 0038-04 PACE 4 5/4l04 J. `lie vendor shall have the right to ~yxatnine rw;~~.ir costs at any reasonable time. Shou3d a dispute cx;cur between the County and the ver~ior, as to whether a charge should be included in computing the guaranteed maxirntltz~ total cost of repairs, then the entire matter shall become subject to arbitration ~ kit forth in the bid documents. Name of individual authorised to bid:_~/YNG~/~__ ~-_~~/~./~ ______._..r Suture: __. _ .. _ __---..-L~K~ ---_-____ _.~~ Firth Name: L-~7U~~C-~~ - •- _ - -- ---------w-- -------._ _.__.. Telephone: ~~~ _ _ ~` 1~1. FAX: ~~-~~-` _ SPECII~ICA'~rI4N ~ t)03~ PAGE 5 514/04 . for Derr C'ow~ty Rafu.Y 6~ Bridge 40 3 0 Sa.n Antonio Hwy. Kerrville, `l'ex~ 78028 {830) zs7-993 _ __ _._W_.._.~___---------- - ---- ---- 7'h~.r specification parcket must be comp/eta~d txna~ returnrd cts pant a~'your bld Bidders Name Address; Telephone: ~~~i~/ r~~ 7~.~0 "1`U BIDDER.: We will he accepting bids to lease one {1) Backhoe Loader in the best intere~~. 3f Kerr County according ta; parts, service, warranty, proven reliability, and not necessarily low bid. Wheel Loader Proposed SpeciCcatir,ns i . Model New -Current CAT 4260 or I=;quivt.~lent /'~~~_.~_`.~~f,~l~... 2. E?ragine 80 Horse Power Net C~~--,~~"_..Cl~~/E~ 3. I-Iydraulics C.'los~ed Center/Piston e~__. ~~f~'`/Y ~xa:~9~ % _ -- d, 7'ransmissian 4 Speed Forward c~: Reverse-Shuttle ~ ~ ~^ -~ __...~ _ 5. Front Axle All Wheel llrive (4 wheel drive) ~~~.k~/~._.L2.~.._.-- _ fi. Brakes Hydraulic Inboard :'Mounted /~r~-~&~~._ - 7, Standard Lights IncludiY~g flashers, tachometer, ~, ~ j~~e' . t y. ~ and Gages hour meter, and ftc~t,:iting Beacon ~. Wheels and Tires Front -- 11 L-l b l 2I'1~. 1~3 ~'/,"~~1~'D /v~~ ~~~ ~,~ Rear -- l 9. ~ __ 24 I ik~R ~~-~~-~?~'-f~,E ,..~..~ 9. Campy R()PS Cane}py 10. Loader Bucket 1.4 CY General I'ur;x~se '. ~~~~, C;,~/~~/' E,~1'~ with ~ piece ed8e "~"'~ c,,' 1 ~ i4 ~-~ it~l; 41F~ _ ~f -401 r''~ia~ 41;- SYEC'IF1CA"I'1C?~i # {.)038-04 MAGI; b S/4~(14 ~~~~~ ~ ~' ~~ 1 1. Controls Universal t Wobble Stick 2~ ~ ' 1.2. Counter Vi,'eig~t 1,000 LB Minimum 1=~~~ _-~.~_-- 13. Stabilizers Reversible street pacts ~d/~t~_~ ~j~Q~~~L3'. Stabilizer Gz.aards 14. t)perating Weight 16,500 Lb. Mir~,i~nuni ~~~(s~ ~~,i~--~~ 15. Auxiliary Hydraulic Auxiliary lints to stick with all '~~- ~YD ~~~ ~ ~~ Lines Necessary valves and conr-ec;tions ~~l1/~~ l~laTc~~~,t//~tdP.~ Ta run a Hydraulic Hammer ~~tx~_/~1.~ ~ ~~, 16. Backhoe Dig lleptr~ Standard Stick i S' b" 17. Backhoe Buckets Quick Coupler I7esigF' Heavry T)uty , with teeth 24" & 12" ~~~~ ~~~..~__ ~tlll,~ Ld~~ !l~ 18. Backhae Bucket Dig Farce 14,000 T.,B• Minimum [ ~-~ ~~~_._~11.~ ~~~ ~.i~~ 19. Machine Warranty Standard Warranty ~,~' ~ _ ~ /~, .-_ 20. Deli•ve ry` b0-~NJ days. ~~r :sczoner s~- yVi9~e FOB Kerr County ~~_Q_~vS, _ /,~_-t2 © r Anv spet;i~cations that do not meet required specil~c;ations w ill not be ~;t~r•~siG.f~:~re~~. +r.et c- ~ ~,=~,a:t~,• rese rves the right to reject any and all bids. Sealed bids will. he accepted until 5:00 p.m., May "'l, 200~t, at the Kerr t'utxnty ('Irrk~ t)ri=; Sealed bids are to be: addressed to the Kerr County Ftaad ~. Bridge T)epartrriez~t ~zzd b~: ~tzzt~;tl "SIuAI,ED BID 003$-04 $ACKH01=; LUADE;R" ~~n the enveiape. Bids will be publicly opened and re~-d rrf 1U.O~i a.zai .May 24, 2004 in CommissYC~nf~rs E'ouz~t, 05/?0/2004 07:03 8968481 K C ROAD & BRIDGE PAGE 02 SPLCIFICATION #403$•04 PAGE 7 5/1$/04 Bid Farm for Lease of 'VV~EE~. LUADER BID DUE DATE: May 21, 2404 ~a 5:04 p.m. Den not include Federal Tpx or Stale ,Spies Tax. The necessary exemption cert~cates will be issued r~pon request. T'E'EM DESCRIPTION 1. ONE (1) NEW CURRENT l3A.CKHOE LOADER 1Vlanufacturer an Madel No: /~ l Warranty: qC Time Needed far Delivery: ~,f~ ~ ,~~„~~ ~ o0 2. 1~ive (S) year Lease (b0 months Q $ ~ Q /mv) $ '~,~~~ Q 3. GUARANTEED REPAIR EXPENSE (from delivery to 5 years or 7,500 hours r~ ,~ whichever camas first)--~ ST-TALL NOT T'1XCEED ~ ~ /..~ ~~ 4. TOTAL COST SID (Add Item 2, and Item 3) $ T3iDlaER MUST SUBMIT A COPY OF THE LEASE AGIZ,EI:MENT WITH T~TIS T3TT) FORM I certify that the above BACKHOE LOADER to be delivered under this bid will meet ar exceed eft of the minimum s~ec~i~fic~a/t~ions and conditions set forth by the County of Kerr. DATED THIS G~~_ 1?AY OF ~i~ , 2004. Bidding Firm: ~ ~~~~ Address: ~ ~ ~o,X ~®7 ~/ r~l~phor~: - ~ ~~ (Seal if Corporation) I3y: ~'~~ •~ ~(11~6 Title: ~~~~~~ ..~-~-/L~S_.__1'~~~`~~~1 v~ +~ Caterpillar Financial Services Corporation 2120 West End Avenue ~~ Nashville, TN 37203-0001 ~) Phone: (615} 341-1000 FINANCE PROPOSAL Kerr County Dealer: HOLT TEXAS, LTD. Sales person: Ken Powell Quoted by: Elizabeth Adams Quote date: 05/20/2004 Quote #: SAE07417 This is Caterpillar Financial Services Corporation's confirmation of the following finance proposal. This is a nrogosal Qnly apd js subjg_ct to credit approval. execution of documentation, and execution and approval of the application survey. Financing Type: Governmental Nnmber of Payments: 60 Monthly Payments: in Arrears ~. Model Hours New 420D FBP(4X4}(GOV) 1000 Cat Insurance Table Terms Good if Acknowledged by: Jul-20-04 Funded by: Jul-20-04 13awn Amount Fixed Qty Sale Price Payment Financed Payment Balloon Rate 1 58,245.00 0.00 58,495.00 786.42 21,000.00 4.7500 Error! No document variable supplied. Conditions Sales/Use/Proptaxes: Lessee's responsibility (May not be included in the above payment amount}. Insurance: Insurance is the responsibility of the Borrower or Lessee. Physical damage coverage is required an all equipment whether financed or leased. On Leased equipment, general liability coverage, minimum $ 1,000,000 per occurrence is required. Please note: 1}This finance proposal is acceptable only in its entirety and is subject to final credit approval by Caterpillar Financial Services Corporation.2}Equipment cannot be delivered until documents are executed by Caterpillar Financial Services Corporation.3}Equipment must reside in United States at all times. We appreciate the opportunity to provide you with ~ proposal far this transaction. Proposed by: Caterpillar Financial Services Corporation Acknowledged by: Kerr County ~ ~ ~ ~ ~~ ~~ x ~ ~. ~' ~ ~~ ~~~~ CD f~D ~. ~ C A C7' ~ . ~ t9 f3. ~ 0 fJ ..~D 'O `C 91 ~,~~ c~ w ts-~ ~o O ~~ 4~ Q'Ur• a ~~ p~~ ~N~. ~ a~. ~ cue $. ~ °~ ~'° c' ~ ~ m $.o ~. m ~ CAC ~ •°• n w a ~, ~. ~ r ~ c~ ~ ~ o. ono ~ ~ ~ S •, ~, us" O ~ ~. ~. Z .. ~+ c.+. v ~ O ~p~+ '+ C' ~ ...~ " ~ ~ tp ~ Ate" i?• p ~ c~ 'C G' ,~ ~ co Z C ~ w ~i ~' ~ < ~ Fn a ~' ~ b7 r. y ~ d 7tf _ p~„ c~ ,.~ ~,~° ~ ~ ~~ ~' ~~ ~ ~ ~ ~ ~ ~. ~ ~ ~ x o ~ ~ ~~,~ ~ ~m~ ~ ~~ ~~ ~~ _ r cis coo o `~ ~' °c coo w' ~e ~ °, ao ~ ~ ~ ~~ n ~ ~ ~~~a~~~°1~c~~~ ~~ ,~ ~ ~ ~ A~ ~' ~~ b a r~z~ d ~r~~ a~ ~ ~ t~~~ ~ ~ m~ ~ ,~ y r~~ ~ `~ y ao ~. b~m ~ ~ ~ ~ ~ ~ b CC stn tnr`yG'° 2 °' ~ 5~ ~ ° ~ $ `D r &. ~s ~ ~ ~ ~ ~ ~~ o Cr'fy:O~~~,~dn~pjC;,~v'~-+ ~ c~ ~~ a'd ~~ o y poo~~~-,O~p~~~ ~ C ~~ ~ ~ ~ a ~~ ~ z a $ v~ O ~ `. ~. ~ . o~~ w r m ~ a ~~ x~~~o~d~a ~° o ~ ~ ~, a HOLT Austin • Corpus Christi • Dallas • Ft Worth • Laredo • Longview • San Antonio • Texarkana • Tyler • Victoria • Waco • Weslaco 5-20-04 KERR COUNTY ROAD & BRIDGE 4010 SAN ANTONIO HWY. KERRVILLE,TX.78208 TO WHOM IT MAY CONCERN IF AFTER 60TH PAYMENT KERB COUNTY ELECTS NOT TO PURCHASE CATERPILLAR 420D BACKHO LOADER ,HOLT CAT WILL PAY OFF CATERPILLAR FINANCIAL SERVICES LEASE IN THE AMOUNT OF $21,000.00 AND TAKE POSSESSION OF MACHINE . SINCERELY, '~ ~~~ KENNETH R. POWELL HOLT CAT SALES (210)508 5063 3302 South W.W. White Road San Antonio, TX 78222 (210) 648-1111 FAX (210) 648-0079 www.holtcat.com ''ANA Continental Casualty Company CNA Plaza A Stock Company Chicago, Illinois 60685 Herein called the Company BID BOND KNOW ALL MEN BY THESE PRESENTS: That we Holt Texas Ltd. dba Holt CAT Principal, and CONTINENTAL CASUALTY COMPANY Surety, ore held and firmly bound unto Kerr County Road and Bridge, 4010 San Antonio Hwy., Kerrville, TX 78028 ,Obligee, in the sum of Ten Percent of Greatest Amount Bid--------------------------- Dollars (a 10~ of GAB-------) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for 420D Backhoe Loader NOW, THEREFORE, if the said contract be awarded to Principol and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety occeptable to Obligee; or if Principal sholl fail to do so, pay to Obligee the damoges which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. ' Signed, sealed and dated 05/20/04 By_ Hol~ 7~exa~ dba Holt CAT (Seal ) ' ~ ~ Princi al DAVID HENNESSEE CFO/TREASURER Continental Casualty Company by Margaret Strowd/ ttorney-in-Fact 1-23054-8 .. ''" POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint .Roy W. Jendrix, VaNisha Mallory, Nettie Gilbert, Michelle Drew, Karen D. Walleck, Donna Warren, Ruby P. Cendejas, Margaret Strowd, Individually of San Antonio, Texas their true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 31st day of January, 2001. c"sW~r ~ MrisuR,~ ae '~~ ~ ,~~~ Continental Casualty Company c~PO1u*~ ~ 7 ~ ~ National Fire Insurance Company of Hartford o • ~ ~ ~ a ~~~~0 ~ American Casualty Company of Reading, Pennsylvania J StJ1L `r ~ ~ e q02 ~•7 Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 31st day of January, 2001, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, National Fire Insurance Company of Hartford, and Amerign Casualty Company of Reading, Pennsylvania described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. •N•NNN••N••• •••••••••~ • -OFFICIAL SEAL" ~ - DIANE FAtaLKNt~t ~~~ = wrr tiw. tr.a.r IMnw • MY CMwiyUM b*N~ fI17A1 • _.......... ..............N2 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 20th day of May 2004 _ ~ ou SE/-L ~ ~ ~~ f el17 ~~~~ Continental Casualty Company a'~` National Fire Insurance Company of Hartford ~ `tom ~ American Casualty Company of Reading, Pennsylvania MY 11, ~~ ~ Mary A. Ribikawskis Assistant Secretary (Rev. 1/23!01; CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL EQUIPMENT LEASE-PURCHASE AGREEMENT DOCUMENT PACKAGE Fam No. RICAVCOV~11/0] 31M.JSfitkc I l.'M(e311:JJ AMCT Explanation of Contents Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs. Included in this document package are all of the forms that will be needed for standard tax exempt tease purchase transactions. The forms have been designed to be clear, concise and user friendly. We have also provided a brief explanation of the purpose of each form. If you wish to discuss any of the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1-866-263-3791 Option # 5. A. Governmental Equipment Lease-Purchase Agreement. The Gavernmental base ent contains the terms that govern each transaction between us. It is the standard Caterpillar Financial Services ratio tax a tlease-purchase agreement, and provides that we will lease to you the equipment described therein p ' t to fu amortization schedule. A new Governmental Equipment Lease-Purchase Agreement will have to be signed in nn ti th h ' ansaction. B. Acceptance Certificate. The Acceptance Certificate is signed by y lease-purchased under the Govenntnental Equipment Lease-Pure not involved in the manufachue, selection or delivery of the nt w+ C. Lessee's Authorizing Resolution. The Autho ' ng esolut n ev~ to approve the Governmetrtal Equipmenrt Le chase ee ' Al may also take other forms such as an ordina area 1. to specific approve lease-p . , ~ si > at p ° so the document or d lega :this ri tc} o ~a D. Verifl of uran fi ' f to the equip nt b ' e-pure sed- Y 'll e to ' pply the v supply information regarding the insurance coverage for d information to us so we can verify coverage. uhev ou rec v and' ~ t the equipment being meat o al a i g working order. As we are t~l ' ' n n ou tci: a that the equipment works. n e y u ve' en a necessary governing body actions ~ ~ e ' 'ng instrument is often a resolution, it /our' ust or standard form provided it contains a authorized to sign on your behalf and either approves v tl E. Opinio of CoanseL' n in' n o o is required in connection with each Governmental Equipment Lease-Purchase Agreement. 'oa' s firm that you have complied with all open meeting laws, publication and notice requirements oce l s fore overning body meetings, and any other relevant state or local government statutes, ordinances, rules or re W wo ' unable to confirm compliance with these laws and regulations ourselves absent long delays and higher cos sa w~ re] 'upon the opinion of your attorney since he/she may have been involved in the process to approve our transaction nd is' 'expert in the laws and regulations to which you are subject. The opinion also confirms that you are an entity eligible to iss x-exempt obligations and that the Governmental Equipment Lease-Purchase Agreemetrt will be treated astax- exempt as it is your obligation to ensure that you have complied with relevant tax law. F. Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount oftax-exempt obligations issued. You have to execute a Form 8038 for each Governmental Equipment Lease-Purchase Agreement. Whether a Form 8038 G or GC is required depends on the original principal amount of the Governmental Equipment Lease-Purchase Agreement. If the original principal amour is less than $100,000 Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or more Form 8038G is filed with the IRS. We will complete the form and all you will have to do is sign it. IRS Form 8038G http://www.irsgov/pub/irs-filUf13038g pdf IRS Form 8038GC )~://www. irs. gov/pub/irs-filUt8038gc.pdf This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of the documents that Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to constitute legal advice. Please engage and use your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or representation that the documents listed herein are the only documents that may be required in any particular transaction or that any particulaz transaction, if documented in accordance with this Explanation of Contents, will be a valid, bindvng and enforceable obligation enforceable against the parties named herein in accordance with the terms of the documents named herein. GOVERNMENTAL EQUIPMENT LEASE-PURCHASE AGREEMENT Lessee: FAIRHOPE, AL, CITY OF Address: 161 NORTH SECTION STREET City: FAIRHOPE State/ Zip AL 36533 This Governmental Equipment Lease/Purchase Agreement is dated as of Lessor. Caterpillar Financial Services Corporation Address: 2120 West End Avenue City: Nashville State/Zip: Tennessee 37203-0001 (the "Agreement) 1. LEASE PAYMENTS; CURRENT EXPENSE. Lessee agrees to pay the lease payments (the "Lease Pay the amounts and on the dates specfred bebw. A porlbn of each Lease Payment is paid as and represents U paid ~ and represents payment of prirrdpal. Lessor is authorized b insert the due dates d the Lease Payrtre order for this Agreement b reflec the spedflc agreements of the parties Hereto. Ali Lease Payments shall be may from time to time designate by written rx>tice to Lessee. Lessee shall pay the Lease Payments exdusive United States of America. The obligations of Lessee, induding its obligation b pay the Lease P due sixth fiscal }~ and shah not constitute an indebtedness of Lessee wrtlrin the meaning of the ce nc Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than ys fy (as defined in the last sentence of this Paragraph) owing hereunder. EXCEPT AS PROV

; Lessee is lacabd (the 'Slate"). tat fr e for the payment of the "Payments" :S EE S L 't" NS TO MAKE THE PAYMENTS TO .X A . ...., ES THAT IT W ILL MAKE ALL SUCH M, EfOE'F; O OUNTERCLAIM OR OTHER RIGHT, fl EASON. As used in this Agreement, of the Lease Payments is payable in 36 successive is a amount of 321,487.27 plus all other amounts then owing a on a like date of each month thereafter until paid in full H Lessor gent charge equal to the lesser of five percent (5%3) of the payment basis of actual days elapsed in a 360 day year) at the rate of 3.75 per 2. l3Et~1 ~ITEREST. L ag is t.~e agrees b ~r Lessor, the items of equipment (the'Equlpment) desoaibed below. In osier b secure all of i ohHgaZfokfs herezr der (a b Lessor a first and pri security interest in any and all right, title, and interest of Lessee in the Equipment and in bll adc ... , etfBC#unerdt; ~ .: b, and an any proceeds therefrom and (b) agrees b do any furtlrer act and heyday authorizes the filing of such finarkprrg or to lea of title. notices or acknowledgement a otlrer instrumerNa inform satisfactory b Lessor necessary or appropriate b ev ence s irrteCt~lit, at #s ealperrse will protect and defend Lessors security interest in the Equipment and will keep the Equipment free and dear of any and ~ ems, s, and legal processes however and whenever arising. do SeriaUJ (t) New 1dA Caterpillar Backhce Loader Bt'T'04114 Lessee confirms that it has an immediate need for, arxi expects to make immediate use of, substanUaily alt the Equipment, which need is not temporary or expelled to diminish during the tens of this Agreement. The Equipmerri will be used by Lessee for the purpose of performing one or more of Lessee's governmental functions consistent with the scope of Lessee's authority and not in any trade a business carried on by a person other than Lessee. 3. WARRANTIES. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT. AS TO LESSOR LESSEE'S LEASE AND PURCHASE OF THE EQUIPMENT SHALL BE ON AN "AS IS" AND'WHERE IS" BASIS AND'WITH ALL FAULTS'. Lessee shall enforce all warranties, agreements and representations, Kany, with regard to the Equipment against the maker of such warranties. Eaocept pursuant to an amendment as provided herein, no person is auttarized to waive or after any term or r~Uon of this Agreement. 4. NONAPPROPRIATIt]N. Lessee covenants and represents to Lessor that (a) Lessee wpi, b the extent pennltted by State law include in its budget for each successive fiscal year during the term of this Agreement a skrNident amount b permit Lessee b dischar~ ail of its obpgations hererxad~, {b) Lessee has budgeted arrd has available for the cunent ffacat year strlflcieM ftmds b comply with its obigations order ttais Agreement and {c) tlaere are no drekanrstances presently affecting Lessee that could reasonably be eagaected to adversely affect ifs ability to budget funds for the payment of sums due hereunder. NotwKhstandirg any provision of this Agreement to fhe contrary, Lessor and Lessee agree that in the event that prior to the commencement of any of Lessee's fiscal years Lessee does not have sufflcienl funds appropriated to make the Payments due hereunder br said flscel year, Lessee shall have the option of terminating this Agreement as of the date of the commencement of such fiscal year by giving Lessor sixty (80) days prior written notice of its intent b cancel this Agreement. No later than the last day of the last fiscal year for which appropriations were made for the Payments due hereunder (the 'Realm Date'), Lessee shall return b Lessor alt, but not less than all, of the Equipment, at Lessee's sole expense, in aooordarrce with Paragraph 18, and this Agreement shag tennkkate on the Return Date without penalty w expense b Lessee and Lessee shop not be obligated b pay the Lease Payments beyond soda fiscal year, provided, that Lessee shag pay all Lease Payments and other Payments for which moneys have been appropriated or are otherwise available, provided further, that Lessee shall pay month-to-month reM et the rate set by lessor for each month or part thereof that Lessee fails to return the Equipment. To the extent lawful and permitted by public Farm Na (N)VI.EASE-WrD3 Nqnnq 3fp+33fi may ibc ll.+li03113?AA1Cr ~RI policy, Lessee agrees it will not terminate this Agreement under the provisions of this Paragraph 4 'rF any funds are appropriated to it w by N for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the ftspi year in which termination occurs or the next succeeding fiscal year. fi. TAX WARRANTY. Lessee is validly existing as a body corporate and poNtic and publk instrumentaity of the State with the power and authority to enter into this Agreement and to tarty out its obNgadorrs frererurder and the iransactiorrs wntemplathd hereby. Lessee shat, at aN times, do and perform aN oats and things necessary and within its control in order to assure that the interest component of the Lease Payments ret:aved by the Lessor ahaN, for the purposes of Federal income taxation, be exduded from the gross income of fire Lessor and shah not take w permit any ad or lfring that could cause the interest component of the Lease Payments received by the Lessor th be included in the gross income of the Lessor for the purposes of Federal income taxation. The Equipment will not be used in any trade w business poled on by a person other than Lessee. Lessee wiN submit intortnatlon reporting statements and ocher intornatlon relating to this Agreement at the times and in the forms and to the places required by the Internal Revenue Code of 1986, as amended, (the "Code") and the Treasury Regulations and RuNngs related thereto. 8. ASSIGNMENT. Lessee may not, without Lessors written consent, by opereton of law w otlierwise, assign, transfer, pledge, hypothecate w otherwise dispose of its right, title and interest in and to this Agreement and the Equipmentand/w grant w assign a security inthrest herein, in whole w in part. Lessor may not transfer, sell, assign, pledge, hypothecate, w otherwise dispose of its right, title and interest in and to this Agreement and the Equipment and/w grant w assign a security interest herein, in whole w in part. 7. MIDEMNITY. To the extent pemritted bylaw, Lessee assumes NabNity for, agrees tb and does hereby lndemnffy, protect and tx>Id hornless Lessor and its agents, empbyees, officers. directors. subsidiaries and slocktrokiers from and against any and ad NabiGdes, obfigafbrrs, losses, damages, injuries, dams, dem~ds, penalties, actions, casts and expenses (inducting reasonable attorney's fees), of whatsoever kind and nature, arising ou! of th use, condition (inducting, but not limited to, latent and other defects and whether w not discoverable by lasses w Lessor), q~eretion, ownership, selection, delivery. _ .: , leasing w of any item of Equipment, regarcNess of where, how and by wham operated, w any faNure on the part of Lessee to accept the Equipment w otherwi " ~_., dorm w y - any conditions of this Agreement. The indemnities contained in this Paragraph shall txxdinue in full farce and effect notwithstanding the termirra of is t L e is err independent cantractw and nothing contorted in this Agreement shah authorize Lessee or any other person to operate w use any Equipm t so s to obi 'non behaff of Lessor or impose any dabidtY an Lasses. Notlring In this Apreenrant is hrtended nor should any provision of fhb A9 lrrr an ,1 ver, abridge a otlrerwise modify arty rfphts, Balms" or esusos of action that the tessea may have against arry person or softly 8. LOSS AND DAMAGE. Lessee sfral beer the entire risk of bss, titefl, destnrction w damage ::;. lfrefL destnx:don w damage of the Equipment shall redeye Lessee of the obligatart to make '# loss, theft, destruction or damage of any kind to any ithm of the Equipment, Lessee shah y good repair, working oMer end corditon (ordinary wear and tear excepted); w (b rapt ft1a wear and tear excepted). Tire "net proceeds' (as defined in the last sentence above unless an Event of Default shah have otxx,rretf and be continuin ih rat. and payable to Lessor under this Agreement. Any net proceeds r app ': of t pr belong to, Lessee. ff the net proceeds of any insurenc~ , ertt th y i tu& complete the work to the satisfaction of Lessor, and pay a #r applicable purchase price for the Equipment (as determin by esaor rdi to i ant! Gus pmceeds" shah meerr 1 nl nart~g ~ of in d ' w aticme fees m in the lection w r@rd part any pose whatsoever. wo loss, x'to p i hereunder. In the avant of sew , at tits P ~ of ,shah: {a) plop the same in t g 'ng order and condition (ordinary oe shaN tx: a ` ~ to douse (a) w (b)as provided re to L "extent of, and appNed to the amount due moor nce preceding sentence shall be paid to, and or replacement of the Equipment, Lessee strait either reimbursement w cxedit from Lessor w pay the then °` rrer) plus aN Payments then due and owing hereunder. "Net award after deducting all expenses (inducting reasonable 8. ; b cep to all L , at Lessee's expense, for such risks, in such amounts, in such fomrs and with such Darr as L may ixl bu not tp a insurance, expbsion and colision coverage, and personal liability and property dam nce. (ixtt; rx3t o) insure the nt at the expense of Lessee. Any insurance policies relating to loss a damage to Ett w~; a ati:..._ may appear a praoseds may be applied toward the replacement w repair of the Equipment or the sad vt"the ~>. ue r gety contain a provi ' n that they may not be prtoalled w the coverage reduced without thirty {30}days prbr written to lest+oor, Aft ila y id . rune Lessee and lessor as txrinsured and the proceeds shall be appled first to Lessor to the extent of its Gabidty, ff any, ~ to fu ish tx3rrNNptes, poNdes w endwserrrents to Lessor as proof of such insurance. Lessee hereby appoints t.esaor as tassee's atlaney-in4act rr~k for; ymertl of and execute w endorse ail documents, cheduc w drafts for kus w damage w return premiums order any insurance poNcy is ed on u' " t reby assigns to Lessor all of its right, title and Interest th and to such insurance pdkias and the proceeds thereof. ff Lessee is aelf~nsured t as the Equipment, Lessee shall maintain an actuarially sound self-insurance program in form satisfactory to Lessor and shah provide fhs In and su t~ce satisfactory to Lessor 10. TAXES, AND MISPECTION. The parries to this Agreement contemplate that the Equipment wNl be used for a governmental w proprietary purpose of Lessee and. the Equpment wiN be exempt from aH taxes presently assessed arxt levied with rasped to personal property. Nevertfreless, ff the use, possession w acquisition of the uipment is detemrirred to be subject to taxaton, Lessee shall pay when due aN taxes and govertrmenta charges assessed w levied against or with rasped to the Equipment lessee agrees to use, operate and maintain the Equipment in accordance with all laws, regulations and ordinances and in accordance with the provision of any pdides of insurance covering the Equipment, and shall not rent the same or permit the same to be used by anyone other than Lessee w Lessee's empbyees. lasses agrees to keep the Equipment in good repair, working order and condition (ordinary wear and tear excepted) and house the same in suitable sheNer, and to permit Lessor w Its assigns to inspect the Equipment at any time and to otherwise protect its interests therein. ff any Equipment is customarily covered by a maintenance agreement, Lessee wltl furnish Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance w other service for the Equipment wNi be provided by Lessor. Without the prior written cer~rt of Lessor, Lessee stral not make any atlerations, madificadans w atiac:hments th the Equipment that Cannot be removed wfttront matertatly damaging the furaifonal ppabNidea or etxxxxnk: value of the Equipment. In the event the Equipment Is returned to lessor, the Lessee, at its ado oust and expense, and et Ure request of Lessor, will remove all alterations, madfiptlons and aitadvnanla, and repair the Equipment ss necessary io return the Equipment to the txxdition in which it was furnished, ordinary wear and tear and pertmNted modiftptions excepted. All replacement parts shall be tree and dear of liens of others, and shall become part of the Equipment and sub)ed to the terms hereof. 11, t.ATE PAYMENTS AND PERFORMANCE OF LESSEE'S OStiGAT1ON8 BY t.ESSOR. ff (a) any Payment other than a tease Payment is Trot pad when duo w {b) Lessee fad to perform any of its obligatlorrs trereunder and Lessor pertonns the same for the accamt of Lessee and inctxs expenses, ousts, penalties w liaf>iNdes kr so doing ('Reimtwrsable Expanses'), Lessee shah pay interest on such Payment from the dale due and, with rasped to the Reimbursable Expenses, from the date incurred, in each case untN paid, at the rate of eighteen (i$%) percent per annum (w, if such rate is in excess of the maximum rate pernitted by law, the ma>amum rata pemrtted bylaw). 12. DEFAULT. The fdlowing shall constitute an event of default under this Agreement, and the temps "Event of DefaulC and "default" shah indude, whenever they are used in Uric Agreement, the folbwing: (a) subject to Paragraph 4 hereof. fare by Lessee to pay any Lease Payment w any other Payment required W be paid wfren due anti such faHure continues for ten (10) days after the due date tlierent, (b) Lessee fails to perform w observe any other oovenarR, txxxtldon, w agreement to be performed w observed by it hereunder and such failure is not cared within twenty (20) days after written notice thereof by Lessor, (c) the discovery by Lessor that any statement, representation w warranty made by Lessee in this Agreement or any wriflrg ever delivered by Lessee pursuant hereto w in connection herewith is false, misleading, w emxreous in any material respect; (d) any determination by the United Staths internal Revenue Service that the portion of the Payments constituting "interest' is includible in the gross intxxne of Lessor for Federal income tax purposes, w (e) the filing of a petidort in bankruptcy by w against lessee, w failure of Lessee promptly to Nit any execution, garnishment, w attachment of such txxrsequerrces as would impair the awtay of Lessee to cart' on ifs govemmentai functions, w assignment by Lessee for the beneffi of creditors, w the ertiry by Lessee into agreement of txxnposition with txedilors, w the approval by a court aF competent jurisdiction of any adjustment of irdebtedrress of Lessee, or the dissoiuiion or Nquidation of lessee. 13. REMED~S. Whenever any Event of Default shah have occurred, Lessor shall have the right, at its option and without anyfurther demand w notloe, to take care err any combination of the fdbwing remedial steps: {a) Lessor, may declare all Lease Payments due or to become due during the fiscal year in whidi the Event of Default otxxrrs to Fmn W 40VIEhAE-18,93 30D?33fi umyDec 11. S03 ~ 1:35 AAKT be immediately due and payable by Lessee; (b) Lessor may repossess any or all of the Equipment by glvirg Lessee written notice to deliver the Equipment to Lessor in the manner provided in Paragraph 18, or in the event Lessee fails to do so within ten (10}days after receipt of such notice, and subject th all applicable laws, Lessor may enter upon Lessee's premises where the Equipment is kept and take possession of the Equipment and charge Lessee for costs incurred in repossessing the Equipment, induding reasonable aaomeys' Tees. Lessee hereby expressly waives any damages occasioned by such repossession. Notwifhsfandirg the fad that Lessor has Taken possession aI the Equipmerri, Lessee shall continue to be respersible for the Lease Payments due during the fiscel year then M effect; (c) if Lessor terrninales this Agreement and takes possession and disposes of The Equipment ar any potion thereof, Lessor shay apply the proceeds of any such disposition to pay the fdlawirg items in the fopovNng order: (i ) all ousts (induding, trot not limped to, atlomeys' fees) incurred in securtrg possession of the Equipment; (il) ail expenses incured in completing the disposition of the Equipment; (iii) any sales or transfer taxes; (iv) all costs and expenses incurred by Lessor to return the Equipment to the condition required try Paragraph 18 hereof; and (v) ail Payments whether due or due In the future hereunder. Any disposition proceeds remaining after these disbureem~ts have been made shop be pant to Lessee. In addition, lessor may exerdse any other right, remedy or privilege that may be availat>Je th Lessor urder appNcaMe law or, by appropriate court action at law or in equity, Lessor may enforce any of Lessee's obligations hereunder Lease's rights and remedies era exnulative arxf may be exeraaed concurrently or separately. No such right or remedy is elusive of any other right or remedy permitted by this Agreement or by law or in equity. 14. NOTICES, For the purpose of this Agreement any notices required to be given, shall be given to the paNes hereto in writing and by certified mail at the address herein set froth, or to such other addresses as each party may substitute by notice to the other, which notice shall be efledive upon its receipt. 13. DELIVERY; TITLE. Lessee has advised lessor of ifs desire to lease the Equipment, the Mast of the Equ for the Equipment. Lessee shah order such Equipment and aFnall cause such Equipment to be delivered purse Lessee, or to any other person for transportation, delivery or fnsfailation of the Equipment. lessee shall beer The designatbn of Caterpillar Financial Services Corporation as Lessor, Caterpillar Finarx~ Services Corps requires to the contrary. legal title b the Equipment, including, H appiceble, arty sofl~re license cenponent this Agreement pursuant to Paragraph 4 hereof has not ooarrted, and only as provided by law, is in Lessee. Agreement pursuant to Paragraph 4 hereof, full and unencumbered legal tips to the Equipment shall pass to ttereth, and the Lessee chap have no further interest therein. In cormecticn with the rewarsion of title t sear Lessor may request to evidence the passage of Lessee's title and interest therein, and upon req e l the Lessor at Lessee's sale cost and expense and in the condition required by Paragraph 18 16. MISCELLANEOUS. This Agreement may rat tre modified, amended, altered or * by a event any provision hereof shall be invalid or unenforceable, the remaining . ___ .:. r constitutes the entire agreement between Lessee and Lessor and sups alt,..',-. and representatiorns, expressed or implied. Any terms and or r are in addition to or inconsistent with the terms and wrd'ilions f wpE t ng Le 17. JURY TROLL WAIVER. THE PARTIES TO THIS AG Y D VY RESPECTNE RIGHTS T JURY TRIAL OF CLA #.,:. SE A A ~ UPDN .. AGREEMENT OR R UMENT ,h L TH T ,7 SI AND/OR THE RE P HAT I E BE E 7 EM, he expelled delivery date and the desired lease terms n by party sought to be diarged. M the effefll. < reernent, together with exhibits, of , u agreements, sorx~tations, documents ~ fitted in connection with this Agreement which 's di Lessor shag have rxr paWtity b ~# loss any Equipment Notwfthstanding arti':,, not the ant. Unless applicable law p, an t of Oefauit a the termMation of on " e art. t of Defautl or termination of this ~ L tiie y of further action by the parties s e tb 'ver to lessor such documents as sor, e • er possession of the Equipment to rat apply to this Agreement. KNOWiNt3 AND INTENTIONAL MANNER, THEIR NG OUT OF, DIRECTLY OR INDIRECTLY, THIS ;T MATTER HEREOF OR ANY RELATED TRANSACTIONS, 19. RETURN en ob a Err c' rn nr !.asses is obligated at any time to return any Equipment, then (a) ppe th the Equipment in L or imm u L and } .; shad, at its sole expense and risk, immediately de-install, disassemble, padr, crate, e E to (a m apppcable standards) at arty locatlon in the oontinenlal Urrited States selected by tesgor. Such sl>a~ in the Lessee ( `. rand ter excepted). shag be in good operatirg abler and mainterrarae as required he y, sha8 tie t4ea de of I ( "ors ten) and shag oom wRh ap applicable laws and regulatimrs. Until Equipment is returned as required atx~ve, ap of ifils a' rn its "effect induding, without limitation, Lessee's obligatkxr b pay lease Payments and th insure the Equipment. 19. OTHER DOC . to n echon'ii4t on of this Agreement, Lessee shall cause to be depvered to Lessor {i) an Acceptance Certifkate substantially in the form atached ~ (ii) g N red copy of Lessee's Authorizing Resdution substantially in the form attached hereto as Attachment 13, (pi) a Veritkatlon of insurance sub Ny in tofu a ereb, (iv) an opinion of Lessee's counsel substantially in the fore attadred hereto as Attadhment C, (v) a form 8038 G or 8038 GC as regal ands ,and ( -any other documents or gems required by Lessor. 29. APPLIC t./1W. Agreem~t shall be governed by and construed in aocoMarnoe with the laws, exduding the laws relating to the deice of law, of the State. Lessee: Lessor: FAIRHOPE, AL, CITY OF Caterpillar Financial Services Corporation signature: By. Prim Name rue: signature: By: Print Name Tie: From Na CAVIEAbF~Id03 3fA?3lfr umsj rkc 11, 3pD31 i 3? AMGT Physical Damage Insurance Selection Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements. As an alternative to obtaining your own insurance, you may elect to have your equipment insured under a master policy arranged by Caterpillar Insurance Services Corporation that has been designed specifically for the purchasers of Caterpillar equipment and issued to your Caterpillar Dealer and Caterpillar Financial Services Corporation by American Zurich Insurance Company. Serial # Includi Tax Total Premium Finance P t A 416D Cateipillat Loader $50,000.00 $220.00 $73.89 BFP04114 B. C. D. ,;,, ~ .., ~. Authorized Insurance Producer lion A Arranged by Caterpillar Insurance Services Corporation I elect to insure my equipment under the Caterpillar master policy. I and the t nce premium for 36 months will be $2,520.00, which is $840.00 per year based upon the total eq ptn ' t va of $50; .00. Method 1 ^ I will pay the total premium and return it with the signed payable to Caterpillar Insurance Services Corpora~iQn, . Avenue, Nashville, TN 37203. /' Method 2 I will pay the insurance premium, it payment. The finance charge ' covering the full term oft a~ Method 3 ^ I desire coverage the signed equip Co ttn I know edge atI en-' t c by certifl d t n re by _ ni totes ou terming Company Name: ;initial ' me lent ' ts. Pb I ll~ ;ase make check 2120 West End ;es, f $73. heduled equipment Ann on the 1 insurance premium tent~/wi pa $840.00 premium and return it with make ~ able to Caterpillar Insurance Services W E Avenue, Nashville, TN 37203. :~ .`~{y Authorized Insurance Producer ~ er the TER~RISM RISK INSURANCE ACT of 2002, any losses my policy wlll result in coverage under my policy that will be partially d in the attached policyholder disclosure notification. this coverage with advance written notice at any time. FAIRHOPE, AL, CITY OF By: Prime Name: Title: Date: Please note: If you have any questions or need additional details, please contact 1-800-248-4228. Form No. CISCINSF-4N2 Deekr Code D430 3002336 Dec 11, 200311:32 AMCT ' ~~ 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 FAIRHOPE, AL, CITY OF Dealer Name Insurance Agent Agent Address Thompson Tractor Co., Inc. Agent Phone # O Contact Person Insurance Policy# Form No. C[SCINSF-0102 Doekr Code D430 300233b Dec 11, 2003 11:32 AMCT POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Your policy provides or, if this notice is being provided in connection with an offer of new or renewal coverage, would provide coverage for acts of terrorism subject to all temis, conditions and limitations of your policy. You should know that under your existing or proposed coverage, any losses caused by certified "acts of terrorism" as defined in Section 102(1) of the Terrorism Risk Insurance Act of 2002 (the Act), are partially reimbursed by the United States of America. The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, pmperry, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. As provided for in the Act, the United States of America pays 90 percent of the covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The premium for coverage shown below does not include any charges for the portion of loss covered by the federal governme tun er the '1 The portion of your premium that is attributable to coverage for terrorist For any policies and renewals issued on or a8er February 24, purchase of coverage, will be set forth in an endorsement to y~ is: $ None. to reflect your Form No. CISCINSF-0{02 I?ealer Code D430 3002336 Dec 11, 2003 11:32 AMCT ATTACHMENT A ACCEPTANCE CERTIFICATE This Acceptance Certificate is executed and delivered by FAIRHOPE, AL, CITY OF ("Lessee") in connection with the Governmemal Equipment Lease-Purchase Agreement dated as of (the "Agreement"), between Lessee and Caterpillar Financial Services Corporation ("Lessor"). Lessee hereby certifies that: 1. Capitalized terms used herein and not defined herein shall have the meanings assigned to them in the Agreement. 2. The Equipment: 1 NEW 416D Caterpillar Backhoe Loader BFP04114 has been delivered to it, and has been inspected by it, and is in good working order and condition and is of the size, design, capacity and manufachne selected by it and meets the provisions of the purchase orders with respect thereto. Lessee hereby confirms it irrevocably accepts said items of Equipment "as-is, where-is" for all purposes of the Agreement as of the Acceptance Date set forth below. 3. The Equipment will be located at: 111 Fairhope Road FAIRHOPE AL 36532 BALDWIN 4. The Acceptance Date is Dated: Lessee: FAIRHOPE, AL, CITY OF Signature: By: Print Na Title: ~~~ ~) am±s3F n~ i i.±ao3 i ~s] AMC7 ATTACHMENT B LESSEE'S AUTHORIZING RESOLUTION Whereas, FAIRHOPE, AL, CITY OF (the "Governmental Entity"}, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Alabama (the "State"), is authorized by the laws of the State to purchase, acquire and lease personal property for the benefit of the Governmemal Entity and its inhabitarrts and to enter imo contracts with respect thereto; and Whereas, in order to acquire such equipment, the Governmental Emily proposes to enter into alease-purchase transaction pursuant to that certain Governmental Equipment Lease-Purchase Agreement (the "Agreement") with Caterpillar Financial Services Corporation, the form of which has been presented to the governing body of the Governmental Entity at this meeting; Now, Therefore, Be It And It Is Hereby Resolved: Section 1. Approval of Documents. The form, terms and provisions of the Agreement and all other schedules and exhibits attached thereto are hereby approved in substantially the form presented at this meeting, with s 'nsertions, omissions and changes as shall be approved by counsel of the Governmental Entity or other members of the governing dy of the aril ental Entity executing the same, the execution of such documents being conclusive evidence of such approval; e p hold g the titles listed below or any other officer of the Governmental Entity who shall have the power to execute co trac s o its h If a hereby authorized and directed to execute, acknowledge, countersign and deliver the Agreement and all ex bits tt he to, nd the Secretary/Clerk of the Governmental Entity is hereby authorized to attest to the foregoing and he al f t e Crov ental Entity to such documents. Section 2.Other Actions Authorized. The officers and amp ~ of reasonably required by the parties to the Agreement t out,: 'v and to take all action necessary in conformity th 'th, udi , v other documents required to be delivered in Ctipn w'" gr respect to the vernm tal against its t in or ht document ee led n corm general it or aka' 'ts tax' obligation of the tJove e referred to ~,/ Name (Pri t or Typej/ Title (Print or Type) Signature Section 5. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. This Resolution was adopted and approved on Signature: Secretary /Clerk Name Printed: Date: he v ~ nt 1 E i shall t' all action necessary or eff t t a' c a t ansactions contemplated thereby itho t li its o the execution and delivery of any closing and em rin . o tai i t}t` R of io tlt ement, or any other instrument shall be construed with ine gape un 1 abi} a upon the general credit of the Governmental Entity or k bra c of y e t '. ned n this Resolution, the Agreement, or any other instrument or r ' h ' e y p cu ary li ili upon the Governmental Entity or any charge upon its e~~~ept o tktent that thrnems payable under the Agreement are special limited as vt d in the Agreement. 'ng are the true names, correct titles and specnnen signatures of the incumbent officers is Na OgVAViH- 03I N~ 1M73fi Ds I1,?OD311:)? AMCT Lessor: Caterpillar Financial Services Corporation 2120 West End Avenue Nashville, TN 37203-0001 VERIFICATION OF INSURAPiCE Lessee: FAIRHOPE, AL, CITY OF 161 NORTH SECTION STREET FAIRHOPE, AL 36533 Subject: Insurance Coverage Requirements 1. The above-named Lessor and Lessee have entered into Governmental Equipment Purchas e (the "Agreement"). vn accordance with the Agree nt, esse as its named below: Company: t dated as of - the insurance agent Address: Phone No: Agent's Name: to issue: a. All Risk P 3 Long Fo ge t Ey ip n (- deft e in ~ e Agreement) evidenced by a Certificate of Insurance and Pa le Cl un~g' he L.es r it . i ee, loss payee. The Cove Required: e b. Public Lia ' ' u c e with a minim of 1, 2. Proof o insurance verag~ Lessee: FAIRHOPE, AL, CITY OF Signature: By Print Name a e p' c se ric or the Equip nt. . a Certificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured, ccurrence is required. will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee. Title: iam Nn. GOYINS-lOM 300?336 Ds 11.?00311:3? AMCT ~I ATTACHMENT C OPINION OF LESSEE'S COUNSEL (Please Furnish this Text on Attorney's Letterhead) Date: Lessor: Caterpillar Financial Services Corporation 2120 West End Avenue Nashville, TN 37203-0001 Re: Governmental Equipment Lease-Purchase Agreement dated as of , by and between FAIRHOPE, AL, CITY OF and Lessor. Ladies and Gentlemen: I have acted as counsel to Lessee in connection with the execution and delivery by Lessee of the Governmental Equipment Lease-Purchase Agreement described above, and all related exhibits, menu and they documents necessary to consummate the transactions contemplated therein (collectively, the foregoin is r erred as the "Lease"). Based upon the foregoing examination and upon an examination of suc o d u en rc ords, and certificates and having made such other investigation as I consider necessary to render the o 'ni s ~n 'the opinion that: 1. Lessee is a duly organi d 1 ly xis in as ' 'subdivision under the Constitution and laws of the State of (th °`St td" w" po to enter into the Lease and to carry out its obligations thereunder and th~ ~~s c nte~d t by.; 2. The Lease has been duly auth , exe~u d an' d liv d y ss an ,assuming due authorization, execution and delivery thereof by Lessa , titutes a leg ' , lid bin in gallon of Lessee, enforceable against Lessee in accor ce with its t su ect t ' y ,' li abF' b ptcy, ~ olvency, moratorium ar other laws or equitable principles ecti~ng, he enf ~~ne~t-. f red' r ri s ner l] , a ' not violate any judgment, order, law or regulation applicab to ~,esseQ: 3.: o rti atio eed g ' p ' di or to a best f knowledge, threatened to restrain or enjoin the execu on, delivery pe ce sse o ease or in . ay to contest the validity of the Lease, to contest or questi the creation r xi n af` a ee r its governing body or the authority or ability of Lessee to execute or deliver the Le ar to cotr~ "th o f s obligations thereunder. There is no litigation pending or, to the best of my knowledge, thre ie t or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the Lease P ent (as' a ed ' the Lease) or other amounts contemplated by the Lease. 4. The thorization, approval and execution of the Lease and all other proceedings of Lessee relating to the transac ' ' templated thereby have been performed in accordance with all applicable open meeting, public records, public bidding and all other laws, rules and regulations of the State. The appropriation of moneys to pay the Lease Payments coming due under the Lease does not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 5. The Lessee is within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and Treasury Regulations and Rulings related thereto, a state or fully constituted political subdivision or agency of a state. The portion of Lease Payments made by Lessee identified as the interest component thereof will nat be includible as Federal gross income under applicable statutes, regulations, court decisions and rulings existing on the date of this opinion is not an item of tax preference and consequently will be exempt from present Federal income taxes except to the extent taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax imposed on certain corporations. Very truly yours, type name and title under signature .OOV(NC0.~ 9I 3110~3R Uec 11.?U0311:3?AMCT Caterpillar Financial Services Corporation INVOICE FAIRHOPE, AL, CITY OF 161 NORTH SECTION STREET FAIRHOPE, AL 36533 Page Date Invoice Nu 1 Dec 11, 2003 LSAP-403002336-1 Uescrl Mn Serlal Due Date Ptnt.No ' Am-uut 1) 416D BFP04114 Upon Receipt. 1 $927.27 Catetpillar Backhoe Loader Sales and Use Tax ~ $p,pp Document Fee $p,pp Filing Fee $p,pp Stamp Fee $p.pp Other Fees $p,pp Freight Fee $p,pp RETURN ENf COPY CK $PE 'IF b P T(S) WTT SIGNED LEASE DOC Your chec wilt be cashed Les that act not constitute ante by Lessor of the Lease or Sc Lf Lesson c d e he a~lor Schedule, the proceeds of this check will be applied to `fiacl rental:. a sor. not accept the Lease or Schedule, Lessor will return an amount equal to this c {~. WTTHOUT T EXl 1\ ERT ATE, APPROPRIATE SALESIUSE TAX WILL BE CHARGED. FAIRHOPE, AL, CITY OF 161 NORTH SECTION STREET FAIRHOPE, AL 36533 Remit To: ,;~ , °n~ti~r~~ Caterpillar Financial Services Corporation 2120 West End Avenue Nashville, TN 37203 Invoke Ner Total hncbsed LSAP-403002336-1 $ 3fg133fi Ds I1.?Op3 11:3? AMCT PURCHASE AGREEMENT This Purchase Agreement, dated as of is between Thompson Tractor Co., Inc. ("Vendor") and Caterpillar Financial Services Corporation ("Caterpillar"). Vendor agrees to sell to Caterpillar and Caterpillar agrees to buy from Vendor the equipment described below (the "Equipment"), subject to the terms and conditions set forth below and on the reverse side hereof. Description of Uplttsl es rlxl# Freight Total Price (1) 416D New Caterpillar Backhce Loader BFP04114 $0.00 $50,000.00 Lessee: Snbtotal FAIItHOP CTI'X Tau 161 NORTH S ST ET Totsi Purchase Price FAIItHOPE, 365 Equipment Delivery Point: 111 Fairhope Road, FAIRHOPE, AL 36532, BALDWIN SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS. The Dealer Reserve Account I5 NOT applicable to this transaction. Thompson Tractor Co, Inc. Caterpillar Financial Services Corporation (Vendor) Signature Signature Name (PRIldT) Name (PRINT') Title Title Date Date 50,000.00 0.00 50,000.00 Fam Na PA0010.1"9fi 3fp?33fi Dec 1 i.?08311;3? AMCT .I~NI ADDITIONAL TERMS AND CONDITIONS 1. The lessee named on the from hereof (the "Lessee") has, with Vendor's assistance, selected the Equipment, instructed Caterpillar to purchase the Equipment from Vendor, and agreed to lease the Equipment from Caterpillar. 2. Caterpillar (or its assignee) will have no obligation hereunder (and any sums previously paid by Caterpillar to Vendor with respect to the Equipment shall be promptly refunded to Caterpillar) unless (a) all of the conditions set forth in Section 1.3 (if a master lease agreement) or Section 1 (if anon-master lease agreement) of the lease with the Lessee covering the Equipment have been timely fulfilled and (b) the Lessee has not communicated to Caterpillar (or its assignee), prior to "Delivery" (as hereinafter defined) of the Equipment, an intent not to lease the Equipment from Caterpillar. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to Delivery of the Equipmem Caterpillar (or its assignee) shall notify Dealer to tbe contrary in ' ' or by tele or telex. "Delivery" shall mean the later of the time (a) Caterpillar executes this Purchase A or (b) a or its agent takes control and/or physical possession of the Equipment. 3. Upon timely satisfaction of the conditions specified in Paragraph 2 , Equipment shall transfer to Caterpillar (or its assignee) upon D~ epJ'cr~ 4. Vendor wanams that (a) upon Delivery of the have absolute title to the Equipment flee and clew unless otherwise specifically agreed to by _, which Caterpillar (or its assignee) is cl ' the rii by the Internal Revenue Code of 19 amende of Section 423(b~ of the Codeaad (b the l;ittit Tra~ a Il~ase ref~ed to i~ (att) I ~ rs ~qul ~ u~ F. hie ae l~ ~ risk of loss to the u or ` wt be the owner of and c n ~ ' ncumbrances, and (ii) p _ n if er a lease pursuant to ~c d cost recovery deductions allowed 'on 38 property" within the meaning the front hereof for each unit of Equipment fair market value. to Caterpillar (or its assignee), its successors ~pi3n tiznel pf he itio ~cified in ~aph 2 above, and unless otherwise agreed to in this t, "liar.: `assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Eq t "ri t rlier of (a) three business days following the receipt and approval by Caterpillar of all to on ee ecessary by Caterpillar in connection with the lease transaction or (b) ninety days after liv quipmem. 7r shall deliver the Equipment to the Lessee at the delivery point set forth on the front hereof 8. This Purchase Agreement may be assigned by Caterpillar to a third party, including, but not limited to, a partnership or trust. Vendor hereby consems to any such assignment. 9. This Purcchase Agreement shall become effective only upon execution by Caterpillar. e~ w rnoom.i>_vs This information completes the document set. ID: 3002336 Dec 11, 2003 11:32 AMCT **~*~~**:~~****~**~*****: Suggested UCC-1 Information **************~~~*****~** Lessee: FAIRHOPE, AL, CTfY OF 161 NORTH SECTION STREET FAIRHOPE AL 36533 County: Baldwin Lessor: Caterpillar Financial Services Corporation Description of Equipment: (1) New 416D Caterpillar Backhoc Loader BFP04114 STANDARD VERBIAGE: "AND SUBSTITUTIONS, REPLACEMENTS, ADDITIONS A E NOW OWNED OR HEREAFTER ACQUIRED AND PROCEEDS THEREOF." Federal Tax ID# CFSC: 37-1105865 Federal Tax ID# Dealer: Federal Tax ID# er: R tJ- N N FROM SALES AND USE TAX: AN EXE 1FI~A S B A OR ON IL WITH CFSC. THE CERTIFICATE MUST BE MADE OUT TO "CA 1IP11al.Alt R C : S ORPORATI INCLUDE THE REGISTRATION NUMBER OF THE CUSTO F T C E UIPMENT IS TED; STATE THE REASON FOR THE EXEMPTION; AND BE SI TE' ' ORPORATE OFFICER OR AUTHORIZED PERSONNEL WITH THE CUSTOMER TO VERIFY T A R'C AT ` S N FILE, CONTACT THE CFSC TAX DEPARTMENT ON 615-341-8451. ~ ,~* ** `*~****x****~****+r******~r***~*****~r~x***********~r****~***~* List of doc erns quantities included in this package: (1)RPGOVC , (1)RPGVCKi.ST, (1}GOVLEASE, (1)CISCINSF, (1)GOVACCEPT, (1)GOVAUTH, (1)GOVINS, (1)GOVOPCO, (1)INVSEP, (1)PA0010 Complete Application Survey, if applicable. Comments: End of Document S~ 3002336 Dec 11, 2003 11:32 AMCT