ORDER NO.29613
ACCEPT LEASE AGREEMENT FOR TWO CATERPILLAR
BACKHOES APPROVED BY COURT ORDER #29524
Came to be heard this the 27th day of March, 2006, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve and accept the lease for two Caterpillar Backhoes, as approved by
Court Order #29524, and authorize County Judge to sign same.
la
COMMISSIONERS' COURT AGENDA REQUEST
aq~i3
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Leonard Odom
MEETING DATE: March 27, 2006
OFFICE: ROAD & BRIDGE
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to accept lease aereement
for two Caterpillar Backhoes approved by Court Order # 29524 and have Judee
sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
ORDER NO.29524
AW~RI2 Rm~ ON LEASE OFSWO_ALL~3EEL BACKHOES Vi~TI3
POWER TILT ATTACHMENTS
Came to be heard this the 9th day of January, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Award bid for the lease of two all wheel backhoes with power tilt
attachments to Holt Caterpillar Equipment.
.~. GOVERNMENTAL EQUIPMENT LEASE-PURCHASE AGREEMENT
Lessee: KERR COUNTY, TEXAS
Address: 700 MAIN ST RM 103
City: KERRVILLE
State/ Zip TX 78028
Lessor Caterpillar Financial Services Corporation
Address: 2120 West End Avenue
City: Nashville
Stale/Zip: Tennessee 37203-0001
This Governmental Equipment Lease/Purchase Agreement is dated as o!
"Agreement").
1. LEASE PAYMENTS; CURRENT EXPENSE. Lessee agrees to pay the lease payments (the "Lease Payments") with respect l0 this Agreement during the term hereof in
the amounts and on the dates speci(ed below. A portion of each Lease Payment is paid as and represents the payment of interest and the balance of each Lease Payment is
paid as and represents payment of principal. Lessor is authorized to insert the due dates of the Lease Payments and any other information that should be added hereto in
order for this Agreement to regeq the specif˘ agreements of the parties hereto. All Lease Payments shall be paid to Lessor without notice or demand at such place as Lessor
may from time to time designate by written notice to Lessee. Lessee shall pay the Lease Payments exclusively from moneys legally available therefor, in lawful money o(the
United Slates of America. The obligations of Lessee, including its obligation to pay the Lease Payments tlue in any fiscal year, shall constitute a currant expense of Lessee far
such fiscal year and shall not consbtute an indebtedness of Lessee within the meaning of the constitution and laws of the State in which Lessee is located ([he "Slate").
Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully approprialetl from time to fime for the payment of the "Payments"
(as defined In the last sentence of this Paragraph) owing hereunder. EXCEPT AS PROVIDED IN PARAGRAPH 4, LESSEE'S OBLIGATIONS TO MAKE THE PAYMENTS TO
LESSOR IN THE AMOUNTS REQUIRED HEREBY ARE ABSOLUTE AND UNCONDITIONAL. LESSEE FURTHER EXPRESSLY AGREES THAT IT WILL MAKE ALL SUCH
PAYMENTS TO LESSOR REGARDLESS OF, AND WILL NOT ASSERT AGAINST LESSOR, ANV DEFENSE, CLAIM. SETOFF, OR COUNTERCLAIM OR OTHER RIGHT,
EXIBTING OR FUTURE, WHICH LESSEE MAV HAVE AGAINST THE LESSOR OR ANV OTHER PERSON OR ENTITY FOR ANV REASON. As used in this Agreement,
"Payments" shall mean the Lease Payments and any other amounts required Io be paid by Lessee hereunder.
Lease Payments shall be paid by Lessee to Lessor as follows- $1,947.32 will be paid in arrears and the balance of the Lease Payments is payable in 59 successive
monthly payments of which the first 58 payments are in the amount of $1,947.32 each, and the last payment is in the amount of $56,667.32 plus all other amounts then
owing hereunder, with the first Lease Payment due on and subsequent Lease Payments due on a like tlale of each month thereafter until paid in full. If
Lessor does not receive a Lease Payment on the date it is due, Lessee shall pay [o Lessor, on tlemand a late payment charge equal to the lesser of five percent (5%) of the
payment not paid when tlue or the highest charge allowed by law, whichever is less.
The portion of the Lease Payments constituting principal shall bear interest (computed on the basis of actual days elapsed Ina 360 day yeaQ al the rate of 5.35 % per
annum
2. SECURITY INTEREST Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the items of equipment (the "Equipment") tlescribed below. In ortler to
secure all of its obligabons hereunder, Lessee hereby: (a) grants to Lessor a first and prior security interest in any and all right, title, and interest of Lessee in the Equipment
and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom and (b) agrees to tlo any /urther act and hereby authorizes the fling of
such financing statements, or to execute and deliver such certificates of title, notices or acknowledgement or other instruments in /orm satisfactory to Lessor necessary or
appropriate to evidence such security interest. Lessee at its ezpense will protect and defend Lessor's security interest in the Equipment and will keep the Equipment free and
"°" clear of any and all claims, liens, encumbrances and legal processes however and whenever arising
Descrintiun of Unit(s) Serialt/
I I) New 42UD Caterpillar Racl.hoe Loader FDP24569
11) New g2UD Caterpillar Rackhoe Loader FDP25626
Lessee confirms [hat it has an immetliate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to
diminish tluring the term of this Agreement The Equipment will be usetl by Lessee far the purpose of performing one or more of Lessee's governmental (unctions consistent
with the scope of Lessee's authority antl not in any trade or business carrietl on by a person other Ihan 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, if any, with regard to the Equipment against the maker of such warranties. Except
pursuant to an amendment as provided herein, no person is authorized to wave or alter any term or contlilion of this Agreement.
d. NONAPPROPRIATION. Lessee covenants and represents to Lessor that (a) Lessee will, to the extent permitted by Stale law include in its budget for each successive
fiscal year tluring the term of this Agreement a suffcien[ amount to permit Lessee to discharge all of its obligations hereunder, (b) Lessee has butlgeted and has available for
the current fiscal year sufficient /unds to comply with its obligations untler this Agreement and (c) there are no urcumstances presently affecting Lessee that could reasonably
be expected to adversely affect its ability to butlget funtls for the payment of sums due hereunder. Nolwilhstantling any provision of This Agreement to the 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 sufficient funds appropriated to make [he Payments
due hereunder for said fiscal 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
(60) tlays poor written notice of its intent to cancel this Agreement No later Ihan the last day of the last fiscal year for which appropriations were made for the Payments tlue
hereunder (the "Return Date"), Lessee shall return to Lessor all, but not less than all, of the Equipment, at Lessee's sole expense, in accortlance with Paragraph 16, antl this
Agreement shall terminate on the Return Date without penalty or expense to Lessee antl Lessee shall not be obligated to pay the Lease Payments beyond such fscal year,
provided, that Lessee shall pay all Lease Payments and other Payments far which moneys have been appropriated or are otherwise available, provided further, that lessee
~~~ shall pay month-to-month rent at the rate set by lessor for each month or paM1 thereat that Lessee fails to reW rn the Equipment. To the extent lawful and permitted by public
policy, Lessee agrees It will not terminate Nis Agreement under the provisions of This Paragraph 4 if any funds are approprialetl to it ar by it for the acquls0oq rmenlron or
operation of the Equpment or other equipment performing functions smJar to Ne Equipment for the fiscal year in which termmallon occurs or the next succeetling fiscal year
'III 1'rl l Nl~l'ar:lOYiU~~ III
"°" 5. TAX WARRANTY. Lessee is validly existing as a hotly corporate and politic and public instrumentality of the State with the power and authority to enter into this
Agreement antl to carry out its obligations hereunder and the transactions contemplated hereby. Lessee shall, al all times, do and perform all acts and things necessary and
within Its control in order to assure That the interest component of the Lease Payments received by the Lessor shall, for the purposes of Federal income taxation, be excluded
from the gross income of the Lessor and shall not take or permit any act or thing that could cause the rnterest component of the Lease Payments received by the Lessor to be
included in the gross income of the Lessor (or the purposes of Federal income taxation. The Equipment will not be used in any trade or business carried on by a person other
than Lessee. Lessee will report this Lease Purchase to the Internal Revenue Service by fling Form 8038G, 8038C or 8038 whichever is applicable. Failure to do so will
rouse the agreement to lose its tax exempt status. Lessee agrees that if the appropriate form is not bled, the interest rate will be adrysletl to Ne equivalent taxable Interest
rate.
6. ASSIGNMENT. lessee may not. without LessoYS written consent, by operation of law or otherwise. assign, Transfer, pledge, hypothecate or otherwise tlispose of its right,
title and interest in and to this Agreement and the Equipment and/or grant or assign a security interest herein, in whole or in pad. Lessor may not transfer, sell, assign,
pledge, hypothecate, or otherwise dispose of its right, title and interest in and to this Agreement and the Equipment and/or grant or assign a security interest herein, in whole
or in pad.
7. INDEMNITY. To the extent permitted by law, Lessee assumes liability for, agrees to and does hereby indemnify, protect and hold harmless Lessor and its agents,
employees, officers, directors, subsidiaries and stockholders from and against any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties,
actions, costs and expenses (including reasonable attorneys fees), of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and
other defects antl whether or net discoverable by Lessee or Lessor), operation, ownership, selection, delivery, storage, leasing or return of any item of Equipment, regardless
of where, how and by whom operated, or any failure on the part of Lessee to accept the Equipment or otherwise to perform or comply with any conditions of this Agreement.
The indemnities contained in this Paragraph shall continue in full force and effect notwithstanding the termination of this Agreement. Lessee is an independent contractor and
nothing contained in [his Agreement shall authorize Lessee ar any other person to operate or use any Equipment so as to incur any obligation on behalf of Lessor or impose
any liability on Lessor. Nothing in this Agreement is intended nor should any provision of this Agreement ba construed to, Ilmi[, waiver, abrltlga or otherwise
motlify any rights, claims, or causes of action that the lessee may have against any person or entity other than Lessor.
8. LOSS AND DAMAGE. Lessee shall bear the entire risk of loss, theft, destruction or tlamage to the Equipment or any part thereof from any cause whatsoever. No loss,
the/l, destruction or damage of the Equipment shall relieve Lessee a(the obligation to make Lease Payments or to perform any obligation owing hereunder. In the even) of
loss, theft, tlesbuclion or damage of any kind to any item of the Equipment, Lessee shall immetliately notify Lessor and. al the option of Lessor, shall: (a) place the same in
good repair, working order and condition (ordinary wear and tear exceptetl); or (b) replace the same with like equipment in good repair, working ortler and condition (ordinary
wear and tear exceptetl). the "net proceetls" (as defined in the last sentence of this Paragraph) of any insurance recovery shall be applied to clause (a) or (b) as provided
above unless an Event of Default shall have occurred and be continuing in which case the net proceetls shall be paid to Lessor to the extent of, and applied to the amount due
and payable to Lessor under this Agreement. Any net proceeds remaining after application of net proceeds in accordance with the preceding sentence shall be paid to, and
belong to, Lessee. If the net proceeds of any insurance recovery are insufficient to pay in full for the repair, restoration or replacement of the Equipment, Lessee shall either
wmplele the work to the satisfaction of lessor, and pay any casts in excess of the net proceeds without any claim for reimbursement or credit from Lessor or pay the then
applicable purchase price for the Equipment (as determined by Lessor according to its usual and customary manner) plus all Payments then due and owing hereunder. "Net
proceetls" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including reasonable
attorneys' fees) incurred in the collection of such claim or award.
9. INSURANCE. Lessee agrees to keep the Equipment insuretl to protect all interests of Lessor, at Lessee's expense, for such risks, in such amounts, in such forms and
with such companies as Lessor may require, including but not limitetl 1o fire and extended coverage insurance, explosion and collision coverage, and personal liability and
~~^-~ property damage liability insurance. Lessor may (but shall not be obligated to) insure the Equipment at the expense of Lessee. Any insurance policies relating to loss or
damage 1o the Equipment will name Lessor as loss payee as Its interests may appear antl the proceeds may be applied toward the replacement or repair of the Equipment or
the satsfactian of the Payments due hereunder Any such policies shall contain a provision that they may not be cancelled or the coverage reducetl without thirty (30) days
prior written notice to Lessor. Any liability insurance policies will name Lessee and Lessor as co-insured and the proceeds shall be applied first to Lessor to the extent of its
liability, if any, and the balance to Lessee. Lessee shall furnish certificates, policies or endorsements to Lessor as proof of such insurance. Lessee hereby appoints Lessor as
Lessee's attorney-in-fact to make claim for, receive payment of and execute or entlorse all tlocuments, checks or drafts for loss or damage or return premiums untler any
insurance policy issued on the Equipment and hereby assigns to Lessor all of its right, title and interest in antl to such insurance policies and the proceeds thereof If Lessee is
self-insured with respect to equipment such as the Equipment, Lessee shall maintain an actuarially sountl self-insurance program in form satisfactory to Lessor and shall
provitle evitlence thereof in form and substance satisfactory to Lessor
10. TAXES, MAINTENANCE AND INSPECTION. The padies to this Agreement contemplate that the Epmpmenl will be used for a governmental or proprietary purpose of
Lessee and, therefore, That the Equipment will be exempt from all taxes presently assessed and levied with respect to personal property. Nevedheless, if the use, possession
or acquisition of the Equipment is determined to be subject tD taxation, Lessee shall pay when due all taxes and governmental charges assessed or levietl against or whh
respect to the Equipment. Lessee agrees to use, operate antl maintain the Equpment in accordance with all laws, regulations and ordinances and in accordance with the
provision of any pollees of Insurance covering the Equipment, and shall not rent the same or permit the same to be used by anyone other than Lessee or Lessee's
employees Lessee agrees to keep the Equipment in good repair, working order and condition (ordinary wear antl tear exceptetl) and house the same in suitable shelter, and
to permit Lessor or tls assigns to inspect the Equipment at any time and to otherwise protect its interests therein. If any Equipment is customarily covered by a maintenance
agreement, Lessee will tarnish Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for the Equipment will be
providetl by Lessor. Without the prior written consent of Lessor, Lessee shall not make any alterations, modifications or attachments to the Equipment that cannot be removed
without materially tlamaging the functional capabilities ar economic value of the Equipment. In the event the Equipment is returned to Lessor, the Lessee, at its sole cost and
expense, and at the request of Lessor, will remove all alterations, modifcations and attachments, and repair the Equipment as necessary to return the Equipment to the
condition in which it was furmshed, ordinary wear and tear and permitted modifications exceptetl. All replacement parts shall be free and clear of liens of others, antl shall
become pad of the Equipment and subject 1o the terms hereof.
11. LATE PAYMENTS AND PERFORMANCE OF LESSEE'S OBLIGATIONS BV LESSOR. If (a) any Payment other than a Lease Payment rs not paid when tlue or (bl
Lessee farts to perform any of its obligations hereunder antl Lessor performs the same for the account of Lessee and incurs expenses, costs, penalties or liabilities in so doing
("Reimbursable Expenses"), Lessee shall pay interest on such Payment from the date due and, with respect 1o the Reimbursable Expenses, from the dale Incurred, in each
case until paid, at the rate of eighteen (18 %) percent per annum (or, if such rate is in excess of the maximum rate permitted by law, the maximum rate permitted by law).
12. DEFAULT The following shall constitute an event of default under this Agreement, and the terms "Event of Default" and "tlefault" shall include, whenever they are used in
this Agreement, the following: (a) subject la Paragraph 4 hereof. failure by Lessee to pay any Lease Payment or any other Payment required to be paid when due and such
failure continues for ten (10) tlays after the due date thereof (bl Lessee fails to pedorm or observe any other covenant, condition, or agreement tc be pedormed or observetl
by It hereunder antl such failure is not curetl wdhin twenty (20) tlays after written notice thereof by Lessor, (c) Ne discovery by Lessor that any statement, representation or
warranty made by Lessee in this Agreement or any writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleatling, or erroneous in any
material respecC, (tl) any determination by the United States Internal Revenue Service that the portion of the Payments constituting "interest" is includible in the gross income
of Lessor for Federal income lax purposes, or (e) the hbng of a petition in bankruptcy by or against Lessee, or failure of Lessee promptly to lift any execution, garnishment, or
attachment of such consequences as would impair the ability of Lessee to carry on its governmental lunclions, or assignment by Lessee for the benefit of creditors, or the
entry by Lessee into agreement of composition with creditors, or the approval by a court of competent juristliction of any adjustment of indebtedness of Lessee, or the
dissolution ar liquidation of Lessee.
..~-. U. REMEDIES. W henever any Event of Default shall have occurred, Lessor shall have the right, at its option and without any further tlemand or notice, 10 lake one or any
combination of the following remedial steps (a) Lessor, may tledare all Lease Payments due or to become tlue tluring the fiscal year in which the Event of Default occurs to
be immediately tlue and payable by Lessee, (bl Lessor may repossess any or all of the Equpment by glmng Lessee writlen 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 offer receipt of such notice, and subject to all applicable Taws, lessor may enter
upon Lessee's premises where the Equipment is kept and take possession of the Equipment and charge Lessee for costs incurretl in repossessing the Equipment, including
reasonable attorneys' fees. Lessee hereby expressly waives any tlamages occasioned by such repossession. Notwithstanding the fact that Lessor has taken possession of
the Equipment, Lessee shall continue to be responsible (or the Lease Payments due during the fiscal year then in effect; (c) if Lessor terminates this Agreement and takes
possession and disposes of the Equipment or any portion thereof, Lessor shall apply ilia proceeds of any such disposition to pay the following items in the following order: (I)
all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurretl in wmpleling the disposi[on of the
Equipment; (iii) any sales or transfer taxes; (iv) all costs and expenses incurred by Lessor to return the Equipment to the contlilion required by Paragraph 18 hereof; and (v) all
Payments whether due or due in the future hereunder. Any disposition proceeds remaining after these disbursements have been made shall be paid to Lessee. In addition,
Lessor may axercise any other right, remedy or privilege that may be available to Lessor under applicable law or, by appropriate court action at law or in egmly, Lessor may
enforce any of Lessee's obligations hereunder. Lessor's rights and remedies are cumulative and may be exercised concurrently or separately. No such right or remedy is
exclusive 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 parties hereto in writing and by certified mail at the address herein set
lorth, or tc such other atltlresses as each party may substitute by notice to the other, which notice shall be effective upon its receipt.
75. OELIVERV; TITLE. Lessee has atlvised Lessor of its desire to lease the Equipment, ilia cost of the Equipment, the expected delivery date and the desired lease terms
for ilia Equipment. Lessee shall order such Equipment and shall cause such Equipment to be deliveretl pursuant to Lessee's directions. Lessor shall have no liability la
Lessee, or to any other person for transportation, delivery or installation of the Equipment. Lessee shall bear the risk of loss with respect to any Equipment. Nolwithstantling
the designation of Caterpillar Financial Services Corporation as Lessor, Caterpillar Financial Services Corporation shall not own ilia Equipment. Unless applicable law
requires to ilia contrary, legal title to the Equipment, inclutling, if applicable, any software license component thereof shall, so long as an Event o/ Default or the termination of
this Agreement pursuant to Paragraph 4 hereof has not occurretl, antl only as provided by law, is in Lessee. Upon ilia occurrence of an Event of Default or termination of this
Agreement pursuant to Paragraph 4 hereof, full and unencumberetl legal title to the Equipment shall pass to the Lessor without the necessity of further action by the parties
hereto, and the Lessee shall have no further interest therein. In connection with the reversion of title to Lessor, Lessee shall execute and tleliver to Lessor such documents as
Lessor may request to evidence the passage of Lessee's title and interest therein, and upon request by the Lessor, the Lessee shall deliver possession of the Equipment to
the Lessor at Lessee's sole wst and expense and in ilia condition required by Paragraph 18 hereof.
16. MISCELLANEOUS. This Agreement may not be motlified, amended, altered or changed except by a wntten agreement signed by both parties. In the event any provision
hereof shall be invalid or unenforceable, ilia remammg provisions hereof shall remain in lull force antl effect. This Agreement, together with exhibits, constitutes [he entire
agreement between Lessee antl Lessor antl supersedes all prior and contemporaneous writings, understandings, agreements, solicitations, documents and representations,
expressed or implied. Any terms and conditions of any purchase ortler or other documents submitted by Lessee in connection with this Agreement which are in addition to or
inconsistent with the terms and conditions of Ihis Agreement will not be binding on Lessor and will not apply to this Agreement.
17. JURY TRIAL WAIVER. THE PARTIES TO THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE. IN A KNOWING AND INTENTIONAL MANNER, THEIR
RESPECTIVE RIGHTS TO A JURY TRIAL OF ANV CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT OR RELATED DOCUMENTS, ANV DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER HEREOF OR ANV RELATED TRANSACTIONS,
AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN THEM.
18. RETURN OF EQUIPMENT. If Lessor is entilletl to obtain possession of any Equipment or if Lessee is obligated al any time to return any Equipment, then (a) fi0e to the
Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-inslatl, tlisassemble,
pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable intlustry standards) at any location in the continental United States selectetl by
Lessor. Such Equipment shall be in the same condition as when received by Lessee (ordinary wear and tear excepted), shall be in good operating ortler and maintenance as
-^ required hereby, shall be free antl clear of any liens (except Lessor's lien) and shall comply wdh all applicable laws and regulations. Until Equipment is relumetl as required
above, all terms of this Agreement shall remain in full force and effect including, without limitation, Lessee's obligation to pay Lease Payments antl to insure the Equipment.
19. OTHER DOCUMENTS In connection with the execution of this Agreement, lessee shall cause to be deliveretl to Lessor (i) an Acceptance Certificate substantially in the
form attached hereto as Attachment A; (ii) a certified copy of Lessee's Authorizing Resolution substantially in the form attachetl hereto as Attachment B, (iii) a Verifcation of
Insurance substantially in the form attached hereto, (iv) an opinion of Lessee's wunsel substantially in the form attached hereto as Attachment C, (v) a farm 8038 G or 8038
GC as requiretl under the Code. and (vi) any other documents or items requiretl by Lessor.
20. APPLICABLE LAW. This Agreement shall be governed by and construed m accordance with the laws, exclutling the laws relating to the choice of law, of the State.
Lessee: Lessor
KERB COUNTY, TEXAS Caterpillar Financial Services Corporation
Signature:
By:
Signature.
By
Title: Title:
ATTACHMENT A
ACCEPTANCE CERTIFICATE
this Acceptance Certificate is executed and delivered by KERB COUNTY, TEXAS ("Lessee") in connection with the Governmental
Equipment Lease-Purchase Agreement dated as of (the "Agreement"), between Lessee and Caterpillar
Financial Services Corporation ("Lessor").
Lessee hereby certifies that:
I. Capitalized terms used herein and not defined herein shall have [he meanings assigned to [hem in the Agreement.
2. The Equipment I NEW 420D Caterpillar Backhoe Loader FDP24569 has been delivered to it, and has been inspected by it, and is
in good working order and condition and is of [he size, design, capacity and manufacture selected by it and meets the provisions of the purchase
orders with respect thereto. Lessee hereby confirms i[ irrevocably accepts said items of Equipment "as-is, where-is" for all purposes ofthe
Agreement as of the Acceptance Dale set forth below.
3. The Equipment will be located at:
700 MAIN ST RM 103 KERRVILLE TX 78028 KERB
4. The Acceptance Date is
Dated:
Lessee:
KERB COUNTY, TEXAS
Signature:
Y
Print Name
Title:
^ N 11i'H~F'~~ILtfn U~' ~~
ATTACHMENT A
ACCEPTANCE CERTIFICATE
'his Acceptance Certificate is executed and delivered by KEKR COUNTY, TEXAS ("Lessee") in connection with the Governmental
~quipment Lease-Purchase Agreement dated as of (the "Agreement"), between Lessee and Caterpillar
Financial Services Corporation ("Lessor").
Lessee hereby certifies that:
I. Capitalized terms used herein and not defined herein shall have the meanings assigned to them in the Agreement.
2. The Equipment: I NEW 420D Caterpillar Backhoe Loader FDP25626 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 manufacture selected by it and meets the provisions of the purchase
orders with respect thereto. Lessee hereby contirms i[ irrevocably accepts said items of Equipment "as-is, where-is" for all purposes of the
Agreement as of [he Acceptance Date set forth below.
3 The Equipment will be located at:
700 MAIN ST RM l03 KERRVILLE TX 78028 KERR
4. The Acceptance Date is
Dated:
Lessee:
KERR COUNTY, TEXAS
Signature:
By:
-" Print Name
Title:
ATTACHMENTB
LESSEE'S AUTHORIZING RESOLUTION
Whereas, KERR COUNTY, TEXAS (the "Governmental Entity"), a body politic and corporate duly organized and existing as a
political subdivision, municipal corporation or similar public entity of the Stale of Texas (the "State"), is authorized by the laws of the
State to purchase, acquire and lease personal property for the benefit of the Governmental Entity and its inhabitants and to enter into
contracts with respect thereto; and
Whereas, in order to acquire such equipment, the Govemmental Entity 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 I. Aooroval of Docwnents. The form, terms and provisions of the Agreetnen[ and all other schedules and exhibits attached
thereto are hereby approved in substantially the form presented at [his meeting, with such insertions, omissions and changes as shall be
approved by counsel of the Governmental Entity or other members of the governing body of the Governmental Entity executing [he
same, the execution of such documents being conclusive evidence of such approval; and the persons holding the titles listed below or
any other officer of the Governmental Entity who shall have [he power to execute contracts on its behalf are hereby authorized and
directed to execute, acknowledge, countersign and deliver the Agreement and all exhibits attached thereto, and the Secretary/Clerk of
the Governmental Entity is hereby authorized to attest to [he foregoing and affix [he seal of the Governmental Entity to such
documents.
Section 2. Other Actions Authorized. The officers and employees of the Governmental Entity shall take all action necessary or
reasonably required by the parties to the Agreement ro carry out, give effect [o and consummate the transactions contemplated thereby
and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and
other documents required to be delivered in connection with the Agreement.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, or any other instrument shall be construed with
"` respect to the Governmental Entity as incurring a pecuniary liability or charge upon the general credit of the Governmental Entity or
against its taxing power, nor shall [he breach of any agreement contained in this Resolution, the Agreement, or any other instrument or
document executed in connection therewith impose any pecuniary liability upon the Governmental Entity or any charge upon its
general credit or against its taxing power, except to the extent [hat the payments payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement.
Section 4. Authorized Sienaturies. Following are the true names, correct titles and specimen signatures of the incumbent officers
referred to in the foregoing resolution:
Name (Print ur Type) Title (Print or Type) Signature
Section 5. Effective Dale. This Resolution shall be effective immediately upon its approval and adoption. This Resolution was
adopted and approved on
Signature:-
Name Printed:
'"- Date:
Secretary /Clerk
IIII4TSAMti til~ ~~IIIII
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
KERB COUNTY, TEXAS
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, attachments and other documents necessary
to consmnmate the transactions contemplated therein (collectively, the foregoing is referred to as the "Lease").
Based upon the foregoing examination and upon an examination of such other documents, records, and certificates
and having made such other investigation as I consider necessary to render [he opinions herein, I am of the opinion that:
1. Lessee is a duly organized and legally existing as a political subdivision under the
Constitution and laws of [he State of Texas (the "State") with full power and authority to enter into the Lease and to carry out
its obligations thereunder and the transactions contemplated thereby.
2. The Lease has been duly authorized, executed and delivered by Lessee and, asswning due authorization,
° execution and delivery thereof by Lessor, constitutes the legal, valid and binding obligation of Lessee, enforceable against
Lessee in accordance with its terms, subject to any applicable bankruptcy, insolvency, moratorium or other laws or equitable
principles affecting the enforcement of creditors' rights generally, and does not violate any judgment, order, law or regulation
applicable to Lessee.
3 No litigation or proceeding is pending or, to the best of my knowledge, threatened to restrain or enjoin the
execution, delivery or performance by Lessee of [he Lease or in any way to contest [he validity of [he Lease, to contest or
question the creation or existence of Lessee or its governing body or the authority or ability of Lessee to execute or deliver
the Lease or to comply with or perform its obligations thereunder. There is no litigation pending or, to the best of my
knowledge, threatened [hat seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the
Lease Payments (as defined in the Lease) or other amounts contemplated by the Lease.
4 The authorization, approval and execution of the Lease and all other proceedings of Lessee relating to the
transactions contemplated 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 [o pay the Lease Payments
coming due under the Lease does not and will nut result in [he violation of any constitutional, statutory or other limitation
relating [o 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 not 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 W the extent taken into
account in determining adjusted current earnings for [he purpose of computing the alternative minimum tax imposed on
certain corporations.
Veiv only yours,
type muse and title under signature
~.,M p`~ I'M1t4 ~µ,r
III M~N'ii~Mlt4 ~~J ~~~~
Amendment No. 1 to Governmental Equipment Lease-Purchase Agreement
(For use with Texas Lessees in tax-exempt transactions)
WHEREAS, Caterpillar Financial Services Corporation ("Lessor") and the political subdivision of
the State of Texas named below ("Lessee) are parties to that certain Govemmental Equipment Lease-
Purchase Agreement (the "Agreement"), dated as of ;and
WHEREAS, Lessor and Lessee have agreed to amend the Agreement as provided herein.
NOW THEREFORE, in consideration of [he mutual agreements herein contained and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto, intending to be legally bound, agree as follows:
I. Capitalized terms used herein and no[ defined herein shall have [he meanings ascribed to them
in the Agreement.
2. Paragraph 4 of the Agreement is amended and restated in its entirety to read as follows:
ANNUAL RIGHT OF TERMINATION. Lessee may terminate this
Agreement as of the last day of any calendar year during [he term hereof
by giving Lessor sixty 160) days prior written notice of its intent to
terminate this Agreement (although the failure to give such notice shall not
affect Lessee's right to terminate this Agreement as provided herein). In
the event Lessee gives to Lessor such notice during the term hereof, Lessee
shall, no later than [he last day of such calendar year (the "Return Date"),
return to Lessor all, but not less than all, of the Equipment, at Lessee's sole
-^ expense, in accordance with Paragraph 18, and this Agreement shall
terminate on the Return Date. Thereafter, Lessee shall not incur any
additional obligations hereunder, provided, that, Lessee shall pay all Lease
Payments and other Payments due prior to the Return Date and, provided
further, that Lessee shall pay month-to-month rent a[ the rate set forth
above for each month or part thereof that Lessee fails to return the
Equipment.
3. Except as amended hereby, the Agreement remains in full force and effect and enforceable in
accordance with its terms. This amendment set forth herein shall be effective as of the date hereof.
[N WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their
respective ofticers duly authorized thereto as of the date of the Agreement set forth above.
Cuterpillar Financial Services Corporation KERR COUNTY, TERAS
By: By'
Name: Name:
Title Title:
ui.~unlnPl ...,~,.,
CATERPILLAR FINANCIAL SERVICES CORPORATION
HOLT TEXAS, LTD.
HOLT AVE @ SOUTH W W WHITE RD
P.O. BOX 207916
SAN ANTONIO TX 782207916
Reference: KERR COUNTY. TEXAS
We are requesting a copy of the minutes of [he appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary [o complete the documentation package and to fund the deal. Your ability [o
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATGRYILLAR FINANCIAL SEKVICES CORPORATION
DOCUMENTAT[ON DEPAR"fMENT
~~~ ~h ~~~'~~~~~~~ ~~
Form 8U38-Ci Information Return for Tax-Exempt Governmental Obligations
- Under Internal Revenue Cotle section 149(e) OMe No. 1545-o72o
~,. (Rev. November 2000) - see separate Instructions.
oepanmern or me Treasury Caution: If the issue price is under $100,000, use Form 8038-GC.
Internal Revenue service
Re ortin Authorit If Amended Return, check here -
1	Issuer's name	2 Issuers employer identification number
3	Number and street (or P,O. box if mail is no[ delivered [o street address)	Room/suite	4 Report number
3
5	City, [own, or post office, state, and ZIP code		6 Dale of issue
7	Name of issue		8 CUSIP number
9	Name and title of officer or legal representative whom [he IRS may call for more information	10 Telephone numher of officer a legal representaUVe
1 )
~n Tvae of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
11	^ Education	11	
12	^ Health and hospital	12	
13	^ Transportation	13	
14	^ Public safety	74	
15	.
^ Environment (including sewage bonds)	15	
16	^ Housing	16	
17	^ Utilities	17	
18	^ Other
Describe -	18	
19
20	.
If obligations are TANS or RANs, check box - ^ If obligations are BANS, check box - ^
If obli ations are in [he form of a lease or installment sale, check box - ^	
	Descri tion of Obli ations. Com lete for the entire issue for which this form is bein filed.
	(a) Final maturity date	(b) Issue price	(~) Stated retlemption
price at maturity	(d) Weightetl
average maturity		(e) Vield
21		$	$	ears	
	Uses of Proceeds of Bond Issue (includin underwriters' discount)	
22	Proceeds used for accrued interest	22	
23	Issue price of entire issue (enter amount from line 21
column (b))	23	
24	,
.
Proceeds used for bond issuance costs (including underwriters' discount)	24			
25	Proceeds used for credit enhancement .	26			
26	Proceeds allocated to reasonably required reserve or replacement fund	26			
27	Proceeds used to currently refund prior issues	27			
28	Proceeds used to advance refund prior issues	28			
29	Total (add lines 24 through 28) .			29	
30	Nonrefundin roceeds of the issue (subtract line 29 from Ilne 23 and enter amount here) .	30	
Descri tion of Refunded Bonds (Complete this part only for refunding bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded - years
32 Entel the remaining weighted average maturity of the bonds to be advance refunded - years
33 Enter [he last date on which the refunded bonds will be called -
34 Enter the date(s) the refunded bonds were issued -
35
36a
37
Enter the amount of the state volume cap allocated to the issue under section 141(b)(5)
Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
Enter the final maturity date of the guaranteed investment contract -
Pooled financings: a Proceeds of this issue that are [o be used to make loans to other governmental units
If this issue is a loan made from the proceeds of another [ax-exempt issue, check box - ^
issuer - and the date of the issue - _
38 I( the issuer has designated [he issue under section 26h(b)(3)(B)(i)(III) (small issuer exception), check box - ^
39 If [he Issuer has elected to pay a penalty in lieu of arbitrage rebate, check box - ^
40 If the issuer has identified a hedge, check box - ^
Under penalties or pepury, I tleclare Ihat I have examinnd Utrs return and arcompanying schetlules and statements, and to the best or my knowletlge
and better, they are vue, correc4 and complete.
Sign
Here
of issuer's authoriu•d
Date ~ Type nr pool name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat Nn. asn:~s corm 8038-G (Rev tt-zooop
and enter the name of the
-` Physical DamaEe Insurance CoveraEe Information
(Customer Copv)
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 tnay elect to have your equipment insured under coverage 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 Caterpillar Insurance
Company.
1 hereby request and apply for information and a quote for physical damage insurance from Caterpillar Insurance Services
Corporation for the following equipment in the following manner:
Model #
Serial #	Equipment Description	Value
Including Tax	Pymt Method-1
Total Premium	Pymt Method-2
Finance Pvmt
A. 420D	CateryillaBackhoe Leader	$71,975.00	$4,S3I 90	$8625
FDP24569				
B. 420D	Caterpillar Backhoe Loader	$71,935.00	$4,531.90	$86.25
FUP25626				
C.				
D.				
-.. ~ _> ~~~~~~jjj
._~.-.-_ - ~---..+i
S aron alr
Authorized Insurance Producer
Policy Summary
Please note: This is only a brief description of the Physical Damage Program. Contractual provisions contained in [he
policy will govern.
COVCraEe
Caterpillar Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire,
theft, vandalism, upset or overturn, hoods, sinking, earthquakes and other unfortunate acts of nature. The protection has
been designed for owners of heavy equipment and provides superior benefits you most likely would not find in other
plans.
The Caterpillar Physical Damage Insurance does include normal exclusions. The exclusions included are wear and tear,
rust, loss of income, war, nuclear damage, and mechanical breakdown, automobiles, watereraQ waterborne shipments,
tires or tubes damaged by blow-out, puncture, and road damage.
Reuairs
When a covered Ions occurs, this plan will pay for Caterpillar replacement parts on all your new or used Caterpillar
equipment On all non-Caterpillar equipment, tlme plan will pay for comparable replacement parts.
r^~,~~„Mtr`~.µasllayµrs~r-yu~wyr~o,~i~o,d.~ r uu vixmw mnnn_uae ri i role t
^4l1h:'~i-+k11 iAltt~' III
Transportation
Your Caterpillar plan will pay for round-[rip transportation of covered damaged equipment to and from your Caterpillar
dealer's repair facility, up to $2,500 limit.
Rental
The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are
automatically protected with up [o $100,000 of coverage for damage to the similar equipment you rent.
Claims
In the event of a total loss, [he policy will pay the greatest of [he following:
- The payoff value of the loan on the damaged parts or equipment as of the date of loss
- The actual cash value of that covered property; or
- The cost of replacing that property with property of like kind and quality; or
The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal.
The policy will pay fire department service fees up [o $5,000.
Deductible
$1,000 Construction and Agricultural Equipment Deductibles:
$10,000 deductible all logging Equipment
-- Customer Service
If you have any questions or need additional details, see your Authorized Cat Dealer or call Cat Insurance toll free at
I-800-248-4228. You may also e-mail Cat Insurance at Cat.Insurance(iucat.com.
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 terms, 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 [he 'terrorism Risk Insurance Act of 2002 (the Act), are partially reimbursed by the United Slates of America.
The term "act of terrorism" means any ac[ that is certified by [he 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, property, or infrastructure; to have resulted in damage within the United Stales, or
outside the United Stales in the case of an air carrier or vessel or the premises of a United States mission; and [o 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 this coverage shown below does not include any charges for the portion of loss covered by the federal
guvernmenl under the Act.
The portion of yuur premium that is attributable to cuvemge for teu-orist acts certified under the Act is: $ None.
For any policies and renewals issued on or after Februaq~ 24, 2003, the above disclosure, mudifieJ to re fleet your
purchase of coverage, will be set forth in an endorsement to yuur pulicy.
F~nn~~t))N`~o MCKC}I~6{F{Vi4^Uula, ~ oJe B I JU U I Hi ~~ nl I M2nn6 L I I PMCT
~~ NS h~kf5i~+1.1~ k~1~ll~~
APPLICATION FOR PHYSICAL DAMAGE INSURANCE COVERAGE
"' (Return with Eouiament Documents)

Model #	Equipment Description	Value	Pym[ Method-1	Pymt Method-2
Serial #		Including Tax	Total Premium	Finance Pymt
A. 420D	Caterpillar Backhce Loader	$71,935.00	$4,531.90	$86.25
FDP245b9				
B. 420D	Caterpillar Backhoe Loader	$71,935.00	$4,531.90	$86.25
FDP25626
C.
_- - -r--~ '~`~-
Sharon Blaic, Authorized Insurance Producer
Oation A Arranged by Caterpillar Insurance Services Corporation
Caterpillar /nsurance Services Corporation will receive compensation from Caterpillar Insnrance Company mith placemem of coverage
I understand that the total insurance premium for 60 months will be $9,063.8!, which is $1,8!2.76 per year based upon [he
total equipment value of $143,870.00.
Method t ^ 1 will finance [he insurance premiwn, including finance charges, of $172.50 per scheduled equipment
payment. The finance charge is calculated at 5.35% per annum on the total insurance premium covering
the full term of the finance agreement.
Method 2 ^ I desire coverage for an initial l2 month term. I will pay the $1,812.76 premium and return the payment
with the signed equipment documents. Please make check payable to Caterpillar Insurance Company.
Method 3 ^ 1 will pay the total premium and return the payment with the signed equipment documents. Please make
check payable to Caterpillar Insurance Company.
I understand that the quote I receive is not a binder of insurance. If I elect to obtain coverage from Caterpillar
Insurance Services Corporation, coverage will be etTective in accordance with [he terms and conditions of the issued
Policy and that I may terminate the coverage at any time with advance written notice.
I acknowledge that [have been notified that, under [he TERRORISM RISK INSURANCE ACT of 2002, any losses
caused by certified acts of terrorism under my policy will result in coverage under my policy that will be partially
reimbursed by the United States as outlined in the attached policyholder disclosure notification.
Customer Name: KERR COUNTY, TEXAS
llealcr Name: HOLT TEXAS, LTD.
Fraud warnine:
All states other than: OH, VA, LA, N8, OK, OR, ur V'G
Any penun who knowingly and with intent to defraud any insurance company or other person files an application Ihr insurance or stamrnent of claim
eoNaimng any materially false Information, or conceals fir the purpose of misleading, information concerning any fact materiel thereto, commits a
fraudulent insurance act, which is a crime and shall also he subject to a civil penalties. I In DC, ME, and 9N, insurance benefits may also be denied.!
In OH'
Any pcaon who, with intent to defraud or knowing that he is focilimting a fraud against an insurer, submits an application or files a claim containing a
false or deceptive statement is gui by of insurance Baud.
In VA.
II is a Dime to knowingly provide Ialse, incomplete or misleading information to an insurance company Ior the pmpuse of defrauding the company.
Penalties include imprisonment, lines wrd Jcnial of inmranec bcnelits.
Please note: I(you have any questions or need uddilionul details, pleas contact 1-800.24&4228. In udditiou, if you would like a no
obligation quote on your additional equipment, call Sharon Blair at I-R0044A-4228 ext. RI21
Acceptad By
„~ Print Nnme:
f.nni Nu. r6(aCtiP~l/IIJ nuulu loJ~~FI]U
~~~~ ~:~ ~~t ~~~t~h,~~~~~ ~~~
'fillet
`~ I %-0za II]/ I E/211n5 !J I PMr' I
Option B
"`~ 1 elect [o obtain my own commercial insurance on [he equipment shown below from the following agent and
insurance company. I understand that the processing of this transaction can be held pending receipt and
verification of this information.
Date
Customer's Name KERR COUNTY. TEXAS
Address 700 MAIN ST RM 103
City KERRVILLE State TX Zip 78028
Dealer Name HOLT TEXAS. LTD.
I have entered into the above agreement under which I am responsible for providing insurance against ALL RISKS of direct physical
loss or damage for the actual cash value of the following equipment, subject to common exclusions such as damage caused by
corrosion, rust, mechanical or electrical breakdown. etc.
Model # Equipment Description Value Including Tax
Serial #
A. 420D Caterpillar Backhoe Loader $71,595.On
FDP245G9
B. 420D Caterpillar Baekhoe Loader $?1,935.00
FDP25626
C.
Insurance Agency
Insurance Agent's Name
City State Zip
Agent's Phone Number Faz Number
Agent's E-mall Address
TO CUSTOMER'S INSURANCE AGENT
I hereby instruct you to add Caterpillar Financial Services Corporation as a loss payee:
[ ] To my existing policy number ,which now provides the coverage required, or
[ ] To a policy which you are authorized to issue in the name listed above wh˘h will provide the coverage required.
Caterpillar Financial Services Carp must be given written notice within 30 days of any cancellation or non-renewal. It is also
understood and agreed that a breach of the insuring conditions by the customer, or any other person shall not invalidate the
insurance to Caterpillar Financial Services Corporation.
Print Name Customer Signature Date
PROCESSING OF THIS TRANSACTION CAN BE HELD PENDING RECEIPT OF THIS INFORMATION.
PLEASE FORWARD A COPY OF THE CERTIFICATE OR BINDER EVIDENCING COVERAGE TO
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
Fax #
PLEASE ATTACH A COPY OF THIS NOTICE TO PROOF OF INSURANCE
1'vnn Nu. r 19CI1'Vf. VUJ ^wlcr Cmle Elill 918i5J OJ/INDL~[ Arl I rA1CT
Lessor
Caterpillar Financial Services Corporation
2120 West End Avenue
Nashville, TN 37203-0001
Lessee:
KERB COUNTY, TEXAS
700 MAIN ST RM 103
KERRVILLE, TX 78028
Subject: Insurance Coverage Requirements
VERIFICATION OF INSURANCE
I. The above-named Lessor and Lessee have entered into Governmental Equipment Lease-Purchase Agreement dated as of-
(the "Agreement"). In accordance with the Agreement, Lessee has instructed the insurance agent
named below:
Address:
Phone Na:
Agent's Name:
to issue:
~~ a. All Risk Physical Damage Insurance on the Equipment (as defined in the Agreement) evidenced by a Certificate of Insurance and
Long Fonn Loss Payable Clause naming the Lessor and/or its Assignee, as loss payee.
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability Insurance evidenced by a Certificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or ifs Assignee prior to the time the Equipment is delivered to Lessee.
Lessee:
KERR COUNTY, TEXAS
Signature:
p}, .
Print Name
Title:
1~A M~.,IVM}RVulh ~~~
CUSTOMER INFORMATION VERIFICATION
(Required Document)
In our efforts to continue providing timely customer service, we need your assistance confirming [he following information. If any information is
incorrect or missing, please note the necessary changes below and return this form with your signed documents. Thank you in advance for your
cooperation.
The below information has been reviewed and is accurate to the best of my knowledge with exception of any corrections as noted.
Customer Initials
Current Information on f-le
Customer Name:	KERB COUNTY, TEXAS
Physical Address:	700 MAIN ST RM 103
	KERRV[LLE, TX 78028
Mailing Address:	700 MAIN ST RM 103
	KERRVILLE, TX 78028
Equipment Location:	700 MAIN ST RbI 103
KERRVILLE, TX 78028, KERR
"" business Phone:	(83U)792-2236
Fed. ID N or SS #~	746001494
E-mail Address:	
Accounts Payable Contact	
Name and Phone:	
Tax Information	
Sales Tax Rate:	0
(Please note: Sales Tax
Rate, includes all
applicable Stale, County,
and Gly sales tax)
City Limits
Asset oufside the City Limits? Yes_ No_
Tax Exemption Status Please indicate if you are tax exempt.
If you are tax exempt -please enclose a current
tax ezcmption certificate to be returned with
your documents -Not needed by CFSC if dealer
ISC
Other Infunnation:
Please make corrections here
VIII a'hCk3`~'~N~'E"~11111
CAT _.
,- .
•--• Financial Online services from Cat Pinancia/
CUSTOMER INFORMATION GUIDE
r requently : I sked +; uestiorts
HAVE A QUESTION ABOUT YOUR
ACCOUNT?
Option 1: Access AccountExpress Online
Just follow these easy steps:
Go to www.CatFinanciaLconr
Select your country of residence
Click on the AccountExpress link.
24 hours aday/7 days a week
Obtain Information such as:
o Check Balances
o Calculate Payoffs
o See Payment History
o Check Interest Paid
o Next Due Date
WHAT ARE MY PAYMENT OPTIONS?
Option l: Check or Money Orders via U.S.
Mai[
Regular US. Mail, send to: (NO
correspondence)
Caterpillar Financial Services Corporation
P.O. Box 730681
Dallas, TX 75 3 7 3-06 8 1
Overnight Mail, send to:
Bank One
Attn: Dallas National Wholesale
Lockbox TX1-0029
14800 Frye Road
Ft. Worth, TX 76155
Option l: Call our Toll Free Customer
Support Line:
Cat Financial-Customer Service
""' 1-800-651-0567
Monday -Friday
7 a.m. - 6 p.m. CST
NEED A PAYOFF ON YOUR
CONTRACT?
Option 1: Access AccountExpress Online
Just follow these easy step:
Go to www.CalFirrnnciaLcom
Select your country of residence
Click on the AccountExpress link
Option 2: Call our Tol/ Free Customer
Support Line
Cat Financial - Customer Service
1-800-651-0567
Monday Friday
7 a.m. - 6 p.m. CST
LATE CHARGES
Option 2: Direct Pav Automated Pavment
Just Follow these easy steps:
Go to www.CatFinanciaLcotn
Select your country of residence
Click on the AccountExpress link
Option 3: Pav online with AccountExpress
Just follow these easy steps:
Go to wrvw.CatFinancial.com
Select your country of residence
Click on [he Accormt Express link
Option 4: Wire Trans/ers
J.P. Morgan/Chase Manhattan
ABA Routing #021-000021
Account#910-2-469872
QUESTIONS ABOUT CAT INSURANCE?
Call 1-800-248-4228
Monday -Friday
7 a.m. 6 p.m. CST
Payments are not considered paid unfit received. Al[ pnymenrs received after the due date must include the tare
~~ charge. Posmt Delays do rent recuh br n waiver of the lute charges. Tlrerejnre, please allow adequate time jor nrmit
service.
~,~n;o~ine,~jp.~~ ,.
Cat AccessAccounts''
PLEASE DISREGARD THIS OFFER IF YOU ARE AN EXISTING CAT ACCESSACCOUNT CUSTOMER
KERR COUNTY, TEXAS
700 MAIN ST RM 103
KERRV[LLE, TX 78028
CONGRATULATIONS!
YOU ARE PRE-APPROVED!
As a Caterpillar Financial Services Corporation customer, you have been pre-approved for the
Ca[ AccessAccount. This new card-less charge account will enable you to pay for pans, service or rentals at
any U.S. Cat Dealer currently accepting [he Cat AccessAccount. With the Cat AccessAccount, you will
have the ability to better manage your cash flow by making a monthly minimum payment of 15% on all
your parts and service purchases. Rental payments must be paid in full the month following the charge.
You will receive one detailed monthly statement of your charges, and have the ability to view your
transactions online through our secure website.
You've been pre-approved for a credit line of $10,000.
In order to activate your account, please complete the Primary Account Contact and Authorized Users
fields on [he enclosed pre-populated application. Sign the application and return it with this
document package or fax it back to us a[ 615-341-SU33 -Attn: Ca[ AccessAccount.
While there are other ways to apply for the Cat AccessAccount,
you tnnct sign and complete the enclosed application and return
it in order for you to take advantage of this special offer.
If you are interested in a credit tine amount greater than $10,000, please indicate the desired amount
on the Requested Credir Line Reld on the application. Upon receipt, we will review your request and
advise vuu of our decision.
Once you have returned the enclosed application, you will receive a welcome package with your account
number and the Customer Agreement.
For more information or a complete listing of Cat Dealers currently accepting the Cat AccessAccount,
please call us at 1-88R-CAT-8811 or visit us at www.cataceessaccounLcom. Take advantage of this offer
and activate your account today!
Best regards,
The Cat rlccessAeeount Team
Reply by: May I5, 211116 to take advantage of this offer.
Cat AccessAccount~"
"R˘quired Fields
'Dealer Name HOLT TEXAS, LTD.	Dealer Code E140		Pre-Approval Solicitation #
			
"Business/Individual Name KERR COUNN, TEXAS	Trade Name (if different)		
			
`Physical Address 700 MAIN ST RM 103	`City KERRVILLE "State	TX	`Zip 78028 County KERR
"Primary Account Contact (Name)	Title	Email	
'Business Phone (830)792-2236	Cell (830)792-2236	Faz	
'Is Billing Address same as Physical Address (circle one)	Yes or No		
'Billing Address 700 MAIN ST RM 103	"City KERRVILLE 'State	TX	"Zip 78028 County KERR
`Billing Contact Name	Phone		
'Requested Credit Limit $	CFSC Customer # 34325		
Authorized Users (1 minimum / 3 maximum)
'Name Name
Account Holder Plastic Requested Y or N Monthly Paper Statement Y or N
Name
Do you require
accounts Y or N
'Description of Business COUNTY GOVERNMENT 'Nears in Business 'Time as Current ITvner 101
a..., 'ype of Business (Circle One)
Sole Proprietorship Corporation General Partnership L.L.C. (provide copy of LLC agreement) Q!hcr
"Estimated Annual Revenue $ #of Employees P O. # Required Y or N SIC Code s199
"Federal Tax ID 746001494 Sales Tax Exempt Y or N (If yes, please attach copy of exemption certificate)
Bonding
Company Contact Name Phone
'Has the Business/ Principal ever filed Bankruptcy? Y or N If Yes, Date Filed
`Are there any outstanding liens orjudgments7 Y or N It Yes, Dollar Amount $
Insurance Company Contact Name Phone
Do you have Physical Damage coverage for Rental Equipment ? Y or N
'If yes, please attach Insurance Certificate indicating sufficient Physical Damage Coverage or Fire Theft Vandalism (FN) will be charged.
Do you have Liability Insurance Coverage? Y or N
'A Certificate of Commercial General Liability coverage must be received before a rental account can be approved.
Bank/ Finance Reference-1 minimum
'Checking /Savings /Loan (circle one)
Checking /Savings /Loan (circle one)
grade References
ode Name
Address Qty
Trade Name
Phone _ Account
'Balance $
Phone Account
Balance $
Account # Contact Name
State Zip
Account # Contact Name
Phone
'Name /y4 f Type/
'Title
yE'ca~y r~ ~Ae~
c J
Kerrville 'State TX `Zip 78028 'Phone (830)792-2236
`Mo. House
`Net Worth 'Annual Income Pmt.
4ddress 700 Maln Street Room 103 "City
Ownership 0 `DOB 'SSN
"Name 'Title
'Address
"% Ownership 'DOB
`SSN
'City `State 'Zip 'Phone
'MO. HOUSe
'Net Worth 'Annual Income Pm[.
YOU WARRANT THAT EACH TIME YOU OR ANY AUTHORIZED USER USED THE ACCOUNT, VOU AGREE AND PROMISE THAT THE TRANSACTION IS
FOR A COMMERCIAL PURPOSE ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
Notice: Applicant and each other person signing helow warrants and represents that the information given in this application is complete and accurate, and is
provided for the purpose of obtaining credit in an amount set by our cred'R policies and procedures. Applicant authorizes the Caterpillar Dealer listed on the front of
this application, Caterpillar Financial Services Corporation, and/or Caterpillar AccessAccount Corporation (the three entities referred to as "we, us and our") to
obtain from banks, credit bureaus, trades references, and other creditors and requests each of the aforementioned to advise us of it's credd experience with, and
to express an opinion as to the credit record of the Applicant or other such person as such party may deem appropriate and release any credit information,
including but not limited to your balance sheet, cash Flow statement, and income statement to us, which we may share among ourselves.
Applicant understands and agrees that the terms or type of each sale, loan, lease, credit line or credit grantor by us, are governed by that the lertns and conditions
set forth in each our agreements, invoices, or similar documents and shall govern that Applicants' relationship with that entity. Applicant authorizes the Caterpillar
Dealer, Caterpillar Financial Services Corporation and Caterpillar AccessAccount Corporation, to release any and all information contained in this application, or
any and all information with regard to any account, loan, lease or sale to any and all Caterpillar Dealers, Caterpillar Financial Services Corporation, Caterpillar,
Inc., it's subsidiaries, and affiliates.
Further, Applicant and each other person signing below on behalf of [he Applicant and/or as guarantor, agrees that we may obtain personal credit reports with
respect to Applicant and each such person, in assisting in making a credit decision, in connection with the continuation of the credit provided herein, or pursuant to
a subsequent application or request, reviewing your account, and assisting in taking collection activity.
You understand that any decision to grant or deny credit by the Caterpillar Dealer will be made by that Caterpillar Dealer, and that any decision to grant or deny
credit by Caterpillar Financial Services Corporation will be made by Caterpillar Financial Services Corporation and that any decision to grant or deny credit by
Caterpillar AccessAccount Corporation will be made by Caterpillar AccessAccount Corporation.
-~`-he tact that this application contains reference to "amount of credit applied Par" shall not be deemed a limitation of liability by Applicant or Guarantor. Applicant
;knowledges that the extension of credit based on this application by any of the entities listed herein, the Caterpillar Dealer, Caterpillar Financial Services
.;orporation, Caterpillar AccessAccount Corporation and/or by any Caterpillar Dealer does not obligate any other of the aforementioned paRies to extend credit to
the Applicant. Applicant also acknowledges and understands that any of the aforementioned entities may, in itssole discretion, refuse to extend credit to Applicant
in connection with any credit transaction, iF granted or deny by the entities you have the following rights and responsibilities;
CATERPILLAR DEALER: If the Caterpillar Dealer extends credit, Applicant agrees to pay invoices in accordance with the terms and conditions on reverse side
hereof and further customer shall be responsible for a collection cast actually incurred by Caterpillar Deafer and far reasonable attorneys fees in connection with
the collection of customer's indebtedness with Caterpillar Dealer. If your application for business credit is denied, you have the right to a written statement of the
specific reasons for the denial. To obtain the statement, please contact the Caterpillar Dealer that may have accepted this application.
CATERPILLAR FINANCIAL SERVICES CORPORATION: If your application for business credit is denied, you have the right to a written statement for the specific
reasons for the denial. To obtain the statement, please contact Caterpillar Financial Services Corporations at P.O. Box 340001, Nashville, TN 37203 within 60
days from the date you are notified of the decision. Caterpillar Financial Services Corporation will send you a written statement with the reason for the denial
within 30 days from receiving your request.
CATERPILLAR ACCESSACCOUNT CORPORATION If your application for business credit is denied, you have the right to a written statement for the specific
reasons for the denial. To obtain the statement, please contact Caterpillar AccessAccount Corporation al P O Box 340001, Nashville, TN 37203 within 60 days
from the date you are notified of the decision. Caterpillar AccessAccount Corporation will send you a written statement with the reason for [he denial within 30
days from receiving your request.
The Federal Equal Credit Opportunity Act prohibits creditors from discnmmating against credit applicants on the basis of race, color, religion, national ongin, sex
marital status, age (provided [he applicant had the capacity [o enter into a binding contract); because all or pad of the applicant's income derives from any public
assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that
administers compliance with this law concerning this Lender is the FTC Regional Office for the region in which the Lender operates or the Federal Trade
Commission, Equal Credit Opportunity, Washington, D.C. 20580.
We Canply with Section 326 of the USA PATRIOT Act. This law mandates that we venfy certain information about you while processing your account application.
'By
'By
source Code: FE0000
Ttle
For Cat AccessAccount questions call: 1-888-CAT-8811
Date
Dale