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Home My Public Portal About2018.08.14 Western States CAT 5 year Lease AgreementsVA/WESTERN YAW STATES CAT" Meridian 500 E Overland Rd Meridian, ID 83642 208.888,2287 SOLD TO: City Of Mccall 216 E Park St McCall, ID 83638.3832 SHIP TO: Job Slte 815 S Samson Trl McCall, ID 83638-5137 SALES AGREEMENT AGREEMENT: Q000095155.4 AGREEMENT DATE: 8/14/2018 AGREEMENT EXPIRES: 5/31/2018 WAREHOUSE: Meridlan Machine Sales CUSTOMER NO,: 5684800 CUSTOMER PO: SALESMAN: Chad AAllen Chad.Allen@wseco.com ITEM DESCRIPTION 2018 Caterpillar 950M Wheel Loader SIN: J1S00877 SMU: 7 hrs 11E0032990 • Caterpillar 114" GP BKT 4.50YD3 (QC) 950.962 MIK SIN: Z1A21535 ID: E0034035 • Delivery Freight • New Warranty - 60 mo 3,000 hrs • GEM (Fallsafe) PRICE $266,630.00 Notes Before Tax Balance Sales Tax Trade Payoff Downpayment Net Due $266,630.00 $0,00 $0.00 $0.00 $266,630:00 Western States Equipment / � City Of Mccall "0-7 Order Received by -ee X Approved and Accepted by ,�.�..- Title Regional Sales anager Date /a s/f� 1r'Tltle Aft.11 ne h-Dat4 /27/ 20 f 0 X Warranty Document Received (Initial) Trade Inv AOtrade-rat rue subjectlo equipment barnahoesInspected median byvertdpalthea Weary ofreplacemenlmecNeepurchase above. Purahaserhoreby ads the hado N equipment described above re tho yardarm' warrant o fife be free and deem! all dems, Pen; end smelly blows! except as shown above. Warranty: Bylable° above the customerecknowfadges Mel they have meetreda copy Mho Weaken n Stelae CerCalorpfler Warm* and beamed andundomfends sold meanly. Abuse equbomentfs odd as is whore is end no winery to ollerod er (raged except as podded above. PAGE:1 of 9 VI WESTERN r STATES CAT` EQUIPMENT DETAILS SALES AGREEMENT NO.; 0000095155-4 5161417 BUCKET-GP,115" 4.50YD3 OP4108 WORKTOOL'S LITERATURE 3495246 QUICK COUPLER, FUSION 3650112 AIR INLET STANDARD, RAIN CAP 3669912 HYDRAULIC OIL, STANDARD 3717064 ANTIFREEZE, -34C (-29F) 3733911 STARTING, COLD (120V) 3788421 LINES GP -IMPLEMENT 3V (QC) 3847009 STEERING, WHEEL HMU 4340693 PRODUCT LINK, SATELLITE PLE631 4656576 SOUND SUPPRESSION, STANDARD 4957493 LUBRICATION, MANUAL, STD/LOG 5020339 JOYSTICK W/FNR, 3V 5051528 CAB, DELUXE 5063495 REGIONAL PACKAGE, AM-N OP3940 PROTECTION, CYLINDER ROD OP3978 FUEL ANTIFREEZE, -45C (-50F) OP3380 INSTRUCTIONS, ENGLISH OP9002 LANE 2 ORDER 4642600 950M WHEEL LOADER 3360000 HOOD, NON-METALLIC 3649808 COOLING CORES, 6 FPI 3669908 AXLES, AUTO DIFF F/R, ED 3679027 GUARD, POWERTRAIN 3733900 QUICK COUPLER READY, STD LIFT 3734052 TIRES, 23.5R25 MX XHA2 " L3 3847005AUTO DIFF, HMU 3930072 COUNTERWEIGHT,1460KG 4646672 FENDERS, BASIC + 4862311 LIGHTS, HALOGEN 5002566 HYDRAULICS, 3V RC, STDILOGGER 5036412 FAN, STANDARD 5051552 LINKAGE, STANDARD LIFT 5120858 STANDARD PACKAGE OP1939 ANTIFREEZE WINDSHIELD WASHER OP2918 STORAGE PROTECTION OP6619 ROLL ON -ROLL OFF PAGE; 2 of 9 TERMS AND CONDITIONS 1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") Is an offer for the sale of the equipment, vehicles, accessories and attachments described on the Invoice (referred to generally as "equipment" or "goods") by Western States Equipment Company, an Idaho business corporation or Its affiliates ("WSECO") to Customer under the terms and conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2) Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified In this SA, whichever of the foregoing first occurs. Acceptance of this SA is limited to the express terms stated herein. Any proposal In Customer's acceptance for additional or different terms or any attempt by Customer to vary In any degree any of the terms is objected to and hereby rejected, but such proposals shall not operate as a rejection of this offer, unless such variances are In the terms of the description, quantity, price, delivery schedule, or payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and Customer. WSECO is not bound by any representation or agreements, express, or Implied, oral or otherwise, which are not stated within this SAor contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and Customer, This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or modification of the terms and conditions hereof will be effective unless in writing and signed by. both Customer and WSECO. 2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with the payment terms as all stated on the Invoice. The sales price Is offered F.O.B. at WSECO's designated facility as stated on the Invoice and Customer Is responsible for all shipping charges as provided in this SA. Customer Is also responsible for paying all applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental authority, unless Customer. provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer fails to pay any applicable tax or other charge as agreed herein or falls to provide a valid exemption certificate, Customer agrees to indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses resulting from such failure. 3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security Interest in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all steps necessary to perfect WSECO's Interest In the equipment. Customer agrees to execute any documents. required by WSECO to evidence and perfect such security Interest. Customer hereby appoints WSECO as its irrevocable attorney -In -fact for the purpose of executing any documents necessary to perfect or to continue the security Interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the Perfection of WSECO's security interest In the Collateral. Customer promptly will notify WSECO before any changes In Customer's name including any changes to the assumed business names of Customer. Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of the Collateral. MECO and Its designated representatives and agents shall have the right at all reasonable times to examine and Inspect the Collateral. Customer shall immediately notify WSECO of all cases Involving the loss or damage of or to any material portion of the Collateral and generally of all material happenings and events affecting the Collateral. 4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first having, obtained Insurance coverage. Customer shall carry all risks Insurance on the equipment, Including, without limitation, fire, theft and. liability coverage with such other Insurance as necessary to protect Customer's and WSECO's respective Interests In the equipment. As long as any portion of the sales price Is outstanding, Customer will deliver to WSECO from time to time the policies or certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO. 5.. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed In the order of their acceptance by WSECO and WSECO will use Its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice. However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelated factors. WSECO Is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of the invoice to the contrary. Customer Is responsible for all freight, shipping, loading and unloading costs. 6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15). days after receipt of the shipment. It Is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breach and shortage In shipment is not deemed to constitute a nonconformity. PAGE: 3 of 9 All equipment or goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made In writing specifying In detail Customer's objections and such notices must be delivered within fifteen (15) days after delivery of the goods. It Is agreed that In the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods, such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever. 7. ASSIGNMENTS: No right or interest In this SA shall be assigned by Customer without the written permission of WSECO, and no delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of WSECO, Any attempted assignment or delegation by Customer shall be wholly void and totally Ineffective for all purposes unless made In conformity with this paragraph. 8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there Is no other agreement with Customer regarding the equipment other than what is stated In this SA and In any credit Instrument and/or guaranty between Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged by WSECO In Its sole discretion, WSECO may repair or replace the equipment or any part thereof, at Its option, without affecting any of the terms of thls SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to Improper use of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer. Customer is responsible for all expenses related to repair or replacement due to these causes, THE REMEDIES IN THIS PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO. 10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, Its subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages In connection with or arising out of this SA or furnishing of any goods, services or other Items or any third party's ownership, maintenance, or use of any goods, services or other Items furnished under this SA, Including, but not limited to, lost profits or revenues, loss of use of the equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, Including but not limited to negligence, with respect to any equipment, service, or other item Is limited to that set forth In the paragraph entitled "EQUIPMENT FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to It in writing. Customer agrees that it has selected each item of equipment based upon its own judgment and particular needs and disclaims any reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder. 11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war, insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel, supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or circumstances shall release WSECO from performance of Its obligations hereunder. 12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, sults, proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (Including, but not limited to, attorney fees and court costs), and settlements, (Including those brought or Incurred by or in favor of Customer's employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use, operation, handling or transportation of the equipment. Customer agrees to defend, at Its expense, any and all suits brought against WSECO either alone or In conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines against WSECO In any such sults or actions, whether based in negligence or otherwise. 13. DEFAULT BY CUSTOMER: An event of default shall occur if (a) Customer falls to pay when due the sales price; (b) Customer falls to perform or observe any covenant, condition, or agreement to be performed by it hereunder; (c) Customer ceases doing business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they become due, files a petition In bankruptcy, or If its owners, shareholders or members of Customer take actions towards dissolution or liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof prior to paying the full sales price; or (e) WSECO, in good faith deems Itself, insecure relative to payment of the sales price. PAGE; 4 of 9 Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (I) declare the sales price immediately due and payable; (II) require Customer to assemble the equipment and make It available to WSECO at a place and time designated by WSECO; (III) WSECO shall have full power to enter upon the property or Jobslte of the Customer and take possession of and remove the equipment; (Iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the equipment or proceeds thereof, and In connection therewith WSECO may bid on the goods or equipment and that a commercially reasonable price for said reclaimed equipment may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or lease the reclaimed equipment, WSECO may obtain a Judgment against Customer for any deficiency remaining on the sales price after application of all amounts received from the exercise of Its rights under this SA; and (v1) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs Incurred by WSECO in enforcing this SA or any of its provisions, Including without limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced. 14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, Jurisdiction and venue for any action or dispute arising under this SA shall be in the In the Fourth Judicial District of the State of Idaho, in and for Ada County, which Is WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives any and all rights to Jurisdiction and/or venue In any other forum, Including waiver of any and all rights to remove the action from any court originally acquiring Jurisdiction. 15. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. In such case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to Caterpillar/WSECO to better serve the Customer and to Improve upon Caterpillar products and services. This data may Include, but is not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and Installed attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise reasonable efforts to keep the Information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Customer agrees to allow this data to be accessed by Caterpillar and WSECO within normal, accepted business practices. The undersigned represents and warrants that he/she is authorized by Customer Identified below to bind the Customer to the obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this SA (or indentical counterpart thereof) has been signed by our duly authorized representative, It will constitute an offer by Customer to enter Into this SA with WSECO on the terms herein. y CUSTOMER: 0)14i O F l `e &aI WESTE X B - By: .%/..LA._ f X Prl Name: Ja P ,,,I. ar1.01/1 Print Name: r� 7A-- r Title: I��A�t�ov Title; Regional Sales Manager i( Date: 61 / -7 / Z0/O 10 Date: �67 r� � PAGE; 5 of 9 W WESTERN TAIT STATES CAT" STANDARD WARRANTY AND APPLICATION FOR EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS The Caterpillar equipment owner identified below ("Owner") hereby applies to Western States Equipment for Standard or Extended Coverage In accordance with the terms as set forth In this document, for the Caterpillar product identified below. Owner desires the Standard or Extended coverage optlon(s) listed below: COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS OR HOURS) • Months after retell purchase (less duration of rental, demonstration, or other usage, If any, prior to the first purchaser or lessee) Standard Warranty period based on Caterpillar guidelines • OWNER's NAME OWNER PHONE City Of McCall OWNER ADDRESS, CITY and ZIP CODE 216E Park St McCall, ID 83638.3832 EXTENDED WARRANTY COVERAGE New Warranty - 60 mo 3,000 hrs & GEM (Failsafe) MODEL 950M PRODUCT DESCRIPTION 950M Wheel Loader HOUR METER 7 SERIAL NUMBER J1S00877 DELIVERY DATE IDII r b IMPORTANT NOTE TO OWNER: Complete terms of Standard or Extended Coverage are set forth on this document. Please read all pages carefully before signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WITH STANDARD OR EXTENDED COVERAGE ARE LIMITED AS INDICATED ON ALL PAGES OF THIS DOCUMENT. CATERPILLAR PRODUCTS CARRY NO IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS. STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT INSURANCE, ACKNOWLEDGEMENTS: I have read and understand the terms, Including limitations and exclusions, of Standard or Extended Coverage, and understand that It Is not Insurance. I also understand that the coverage I> for herein Is not effective unless and until I pay the applicable charge for this extended coverage. I n rstand the SOS relrements _ ! Initlal)/r 7 OWNER/LESSEE SIGNATURE : The owner and product Identified e m et an�equlreme f th t d d th been paid. DEALER SIGNATURE : � i DATE: �� %47 TRANSFER: The unexp etl P99 on of the Standard or Extended Repair Coverage may be transferred with Western States Equipment approval (see section F on back or *fete detalls). Complete the section below to request transfer. A• DATE sin] 20 l or a coverage requested an a applicable charge for extended coverage has Purchase Application PURCHASER NAME DATE MACHINE SOLD DATES INSPECTION COMPLETED & APPROVED is COMMERCIAL ADDRESS (STREET, RR) (CITY(TOWN) (STATE) (ZIP CODE) ■ FORESTRY ■ WASTE TRANSFER HOUR METER READING SIGNATURE OF NEW BUYER DEALER CONFIRMATION i GOVERNMENTAL ■ AG By signing this agreement I agree to the terms on the following pages. PAGE: 6 of 9 CATERPILLAR STANDARD WARRANTY General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian Caterpillar dealers, to be free from defects In material and workmanship. In other areas and for olherproducts, different warranties may apply. Copies of applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345. Warranty Period: The Standard Caterpillar Machine Warranty Is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon Caterpillar's recommended guidelines. For new associated work tools, the warranty period Is 12 Months/UNLIMITED hours, starting from the date of delivery or sale to first user. No extended coverage Is available for Caterpillar work tools. For new replacement engines, the warranty Is 6 months, starting from date of delivery to the first user, Note: For hydraulic Iirie's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery to the first user. Caterpillar Responsibilities: If a defect In materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service Items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: items replaced under this warranty become the property of Caterpillar. Owner Responsibilities: The user Is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, If applicable. 5) Parts shipping charges In excess of those which are usual and customary (air freight). 6) Cost to investigate complaints, unless the problem Is caused by a defect In Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs associated with the performance of required maintenance (including proper fuel, all, lubricants, and coolant) and Items replaced due to normal wear and tear. 9) Allowing Caterpillar access to all electronically stored data.10) Costs associated with travel time and mileage required for on -site repairs. EXTENDED REPAIR COVERAGE A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of the product Identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard", "Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are defective In material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the "Governmental Full Machine" option, the extended coverage Includes Scheduled OII Sampling materials and analysis provided by Western Slates Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contract is not required for purchase or to obtain financing. Warranty Periods: Warranty periods for Extended Coverage are indicated In the extended warranty coverage box on the face of this document. The coverage Is listed for hours and months, whichever expires first. Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Pius Hydraulics", and "Full Machine" Extended Coverage, Scheduled 011 Sampling (SOS) must be taken by the owner at Caterpillar recommended Intervals and sent to Western States Equipment. Failure to do so could Jeopardize the Extended Coverage and result In shared liability on a pro rata basis if SOS could have predicted or reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this agreement is null and void. Power Train Extended Coverage: The following components are covered. if a component is not listed, it is not covered. 1) ENGINE: basic engine Including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2) TRANSMISSION: Includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: Includes pinion and bevel gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and machines equipped with hydrostatic drive or differential steering, Including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for track -type loaders and tractors, only If they also provide steering.10) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, If so equipped. II) DIFFERENTIAL STEERING COMPONENTS: Includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum Isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reclalmers and stabilizers. This Includes the drive shaft group, sheave groups, and clutch group. This excludes belts, chains and rotor brakes, 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the machine. This Includes power shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are part of the designated power train components. Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, It Is not covered. Power Train Plus Hydraulics coverage Includes all of the above listed Items under Power Train for the appropriately Indicated hours and months, plus the following: I) HYDRAULIC/STEERING HOSES AND LINES, 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: Includes specific Internal parts.4) HYDRAULIC OiL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: Including steering pumps (main and supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and implement hydraulic cylinders (Includes bulldozer and ripper cylinders on track -type tractors). 7) HYDRAULIC VALVES AND CONTROLS: Includes all parts that make up a valve for directing or controlling hydraulic fluid for steering and Implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and Implement. 9) HYDRAULIC OIL COOLERS: steering and Implement. Full Machine Extended Coverage: All of the listed Items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all attachments/accessories that were Installed on the product before delivery which are not covered by another warranty, for the appropriately Indicated hours and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Fallsafe Coverage" will also include all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner, Machine availability for Governmental application Full Machine Fallsafe coverage will be determined by: Scheduled Hours Available for Work (numerator) Scheduled Hours (denominator) The machine availability will be evaluated at 12-month Intervals. If machine availability Is below 95%, Western States Equipment will reimburse owner $25.00 per hour for the hours necessary to "enhance" availability to the 95%level. Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below) until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage Is available only through Western States Equipment forCaterpillar Equipment. Note: Once Extended Coverage becomes effective, Westem States Equipment's obligations there under extend only to the applicant Identified on the face of this document, unless the remaining coverage Is transferred to a subsequent end use purchaser of the product In accordance with Section F below, and Indicated on the face of this document, or cancelled under Section G below. Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Fallsafe coverage" option. Form /lSVC15-0 8/05P2011 PAGE: 7 of 9 B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the owner/lessee. 2) Transporting the product to and from the place where service Is performed, or service calls made by the repairing dealer if the travel time and mileage/hauling option Is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God. 4) Normal maintenance and replacement of maintenance and wear Items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners, labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated Joints (including pins and bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings, and bulbs. 5) Any defect In a non -covered component, or damage to or failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in the field, If travel time and mileage/hauling option Is not Included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools and attachments carry only one warranty as prescribed by that manufacturer. 8) Western States Equipment will not be responsible for repairs, cost of repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse, negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the tube and maintenance guide, tire failure or Auxiliary Equipment or Attachments, 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended maintenance as set forth by the tube and maintenance guide against the availability guarantee.1 0) All costs (Including travel time and mileage/hauling) for repairs required because of abuse or Improper operation will be charged to the owner/lessee. Minor repairs that do not affect the Immediate and safe operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule. C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of Its obligation under Extended Coverage if:1) The product Is altered or modified In any manner not approved by Western States Equipment In writing. 2) The product's hour meter has been rendered inoperative or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one designated in the original application for Extended Coverage for the product. D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any Incidental or consequential damages (Including, without limitation, toss of profits, rental of substitute equipment, or other commercial loss) that may be caused due to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage. E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest Western Stales Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and Inform the dealer of what they believe Is the problem/defect. Extended Coverage service can be performed in the field If the owner/lessee and servicing branch agree to do so. However, Western States Equipment will not be held responsible for any additional cost Incurred because of the decision to repalr a machine in the field. Dealer Branches toll free number:. Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287 Lewiston, ID 800-842-2225 Pasco, WA 800.633-2287 Meridian, ID 800-852-2287 Spokane, WA 800-541-1234 Pocatello, ID 800-832-2287 Hayden, ID 208-762-6600 (Not a toll free number) Twin Falls, ID 800-258-1009 Kalispell, MT 800-635-7794 Missoula, MT 800-548-1512 LaGrande, OR 800.963-3101 F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product Is determined by Western States Equipment to be in satisfactory condition following an Inspection performed by an authorized Western States Equipment branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written confirmation of the transfer. 4) The use of the product by the subsequent end use purchaser remains In the Initial/same application group designed on the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for conversion of the remaining coverage to a different application group. G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage:1) Within thirty (30) days of machine purchase by original end use purchaser If no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage, based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the Intent to cancel coverage to the nearest Western States Equipment branch. H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION. OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTAAE GUARANTEED UNDER A SERVICE CONTRACT LIABILITY POLICY. SHOULD THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY. I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT. J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES EQUIPMENT COMPANY CAN BE CONTACTED AT THE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888-2287. SERVICE CONTRACT iNSURBR: CATERPILLAR INSURANCE COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248.4228 Form 10/015.0 8/05/2011 PAGE: 8 of 9 tl CATERPILLAR® Delivery Service Record Caterpillar Inc, Peorla, IIIlnoia 61629 ri Check when Information has been entered Into the Product. Information System through Caterpillar dealer terminal. Comprobante Del Serviclo de Entrega DO NOT SEND IF ENTERED INTO P.I.S. DLR. CODE MODEL MACHINE SERIAL NO. HOURS DELIVERY DATE ENGINE SERIAL NO. COD. DIBTRIB. MODEL° WS MAGUINA NORM FECHA DE ENTREGA N/8 MOTOR . H510 950M J1S00877 7 - \'° \ N ATTACHMENTS INSTALLED' BUCKET, DOZER, RIPPER, WINCH, CAB, TRANSMISSION, BOOM, STICK, ETC. ADCESORIOS INSTALADOS: CUCHARON, HOJA DESGARRADOR, MALACATE, CABINA, TRANMISION, PLUMA, BRAZO, ETC, Fabr. aante y or Part ooNIP 114' GP BKT 4.60YD3 (QC) 950.962 FabrlScanto y Mode o ooN/P FabrlcaMnte y Mode o ooN/P Fabrlcente y Modeler o N)P N%Slat No, Z1A21635 weal No. 3�e8e1 No, Serial No. Customer Name (Please Print) City Of McCall Nombre del Client(' (con tetra de Imprenla) Dlrecclem postal complete 216 E Park St McCall, ID 83636-3832 Country USA. pale Delivery service on this machine has been completed, Including the following Items. Check( ) when each Item Is completed. El servicio de entrega de esta miquina se ha compietado incluso los puntos sigulentes, Marque,( ) sada punto que complete. El t• Shoeeelntrap°conlemaqumondallaQuladeoporraaddysoexal °slmum%13°poach%�dobecontrolosylos rdNMsdeedvononcla. ❑ 2 Maintonana°Ou!dodeflated tvMmachine end montomnce service, INldlova%and edluelmonlaexplained touser, 8a entreat, con la mAqulea la Cola do C°neerveclen y so erotica al mono el senic%OO coneorvecion, (quotes y nivol do guidon • XUsel's Signature Firma del usuado Alm' Delivery CheCst CONTINUED ON REVERSE SIDE At dealership ❑ Mako sure M pending Safety Product Improvomenl Programs (PIP) have been completed, ❑ Mako surer all necessary forms and nl°ralure are available. O An decals are Inslallod. ❑ M allachmomo aro Instatledravatiablo. ' ❑ Inelanahijryingraannce fork pine In are euppresston system ((equipped) men lrenspor0ng machtno. Dir. Rep, Signature Firma dal re resenlanle del dletrlbuldor 3' o. Boo °oho° con la mAquino el Calewgo do Plates. Gayety odn onleotolnndlcao eal Gompro de Entrga Fame Ot•085314.03). At delivery area with customer (owner. operator); ❑ Explain P8119 Boob. ❑ Explain al wonting labelsanemonee, ❑ Show location of all aerial numbere on machtne. Lubdcagon end Malnlonanco• ❑ Explain Mdntonmmo Outdo. ❑ Instmel how to use lubrication and malnlonanee chart. O Snow al lubrication polnleonthe machine and attachments. Lista de Comprobacl6n sIGUE AL DORSO En la dislribuidora O Auguroeo quo co comptoloron lo3 programs pondlentoa de melons al product° ma Mee do s°oundad (PIP), ❑ Asegurosequo hay dlsponlblaslodes lag formes y%Rohn nennon°s. ❑ So honpueslo todas lee enquiries. • O Todoslos aceesodesest%Instatadoerdtsponiblss, 0Sohan%Blalodolos pssadomedeHobo prim emberquoleeMoto an of slalema uproot do Wenner (al Ilono) d tmnsponar la mdqulnaa 01,0e5314.09 (Salt,) Eitel lugar de entrega. con el cllente fpropletarlo. °parader), O Expllcor of CatAtogo do Plans. O Escaper lodos los r6tutos de advananda do le mequtna. 0 MosearWoad%dotodoslos nOmemsdocan°ontomAqulna, Lubrlaeolen y Corneal.% 0 ExplborfaGene doConservaddn. ❑ Indlcarc6moseMuelcumin, dolubrinatenyconsorvaciOn. 0 Moslrar lados los punlos do WMloeeldn de la mdqutnoy anor xia& PAGE: 9 of 9 DocuSign Envelope ID: 51BA71D1-7388-46A4-94AB-8FC2C5AEB85C CAT City Of McCall 216 E Park St McCall Idaho 83638 Dear Valued Customer, Please accept this letter as a guarantee for purchase of your Caterpillar Model 950M Serial Number J1S00877 . This guarantee is made in conjunction with the Governmental Failsafe Warranty. We agree to purchase this unit from you at the end of the 5 year for the amount of $185,000 based on a maximum of 3,000 S.M.U.'s. If the time period or service meter unit limits are exceeded the above machine will be appraised to determine a new value. Lessee agrees that each Unit, upon its return, shall: 1. Be in sound mechanical condition and to be in good working order under full load. 2. Have the same attachments and piece parts as when delivered. 3, a. Have tires in safe and operable condition with a minimum of (40%) of wear remaining tread life and all of the same style (no recaps). OR b. Have a minimum of forty percent (40%) life remaining on all undercarriage components including track shoes, links, pins and bushings, idlers, bogies, sprockets, carrier rollers, track rollers; 4. Have no cracked or broken glass; 5. Have no missing sheet metal and any damage to sheet metal; 6. Have no structural damage to frame, 7. Have met the fill! requirement of the warranty procedures, including scheduled oil sampling at the prescribed intervals. 8. Have no damage or modification to machine ROPS (roll over protection structure) per Caterpillar guidelines, repair or replacement of ROPS will be billed at time of return. We require thirty (30) days written notice if you choose to exercise this guarantee and transfer title of the above -described equipment to Western States Equipment Company. If you have any questions or if we may be of further assistance, please call. It is understood that under this agreement that the "terms of return" will be met and/or brought into compliance before this re -purchase agreement will be fully executed. Items that are out of compliance will be repaired and billed to City Of McCall Sincerely, �.Do'c+u,Signeedd by: ICe §LERCEEAF5BE4EC... Vice President, Finance "--DocuSigned by: 001, j161A.t,S Dykt,[Q11,g8004Fe455o42B... Used Equipment Manager 10/1/18 CATERPILLAR® 11/27/18 CITY OF MCCALL 216 EAST PARK STREET MCCALL, ID 83638 Dear CITY OF MCCALL, Caterpillar Financial Services Corporation 2120 West End Avenue P.O. Box 340001 Nashville, Tennessee 37203-0001 USA Contract it: 001-0946878-000 Collateral : CATERPILLAR 950M WHEEL LOADER J1S00877 Wheel Loader Serial #: J1S00877 Document : Lease Purchase Date : 2018-11-16 Thank you for choosing Cat Financial. When it comes -to running your business, we know you have options and we appreciate the opportunity to partner with you in building a successful business. For your records, we have enclosed a copy of your most recent executed contract. The contract detailed above includes the information needed to register or add this contract to your online account at www.catfinancial.com. Once you register, you will have 24/7 access to important contract information for all of your Cat Financial accounts. You can view account balances, pay your bill online, calculate early payoff scenarios, and access a number of forms to make changes to your contracts. Should you have any questions about this contract or your account, our Customer Relations team is happy to assist you with and can be reached via phone at 1-800- 651-0567 between the hours of 7:00 a.m. and 6:00 p.m. CST, Monday through Friday, or via email at NABC.CustomerService@cat.com. Again, thank you for your business and we look forward to working with you! Sincerely, Your team at Cat Financial Attachment D - Payment Schedule • Transaction Number 3546104 car Financial 1. PARTIES LESSOR (we): LESSEE (you): CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF MCCALL '2. PAYMENT SCHEDULE Payment Dates payment Numbers •1-5 FINAL PAYMENT OF Payment Amounts Due $26,330.00 $185,000.00 SIGNATURES LESSOR CATERPILLAR FINANCIAL SERVICES CORPORATION • Signature Name (print) Title Date Nielah Burnett Documentation Manager T01311111 ll J ,u. `1 ) . LESSEE CITY OF MCCCALL l Signature frel(•"- Name (print) a Ott e J ' y Title X Date 27 120d0 . ka ev Attachment D - Payment Schedule - Transaction Number 3546104 CAT Financial 1. PARTIES LESSOR (we): LESSEE (you): CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF MCCALL ,2. PAYMENT SCHEDULE payment Dates Payment -Numbers 1-5 FINAL PAYMENT OF Payment Amounts Due $26,330.00 $195,000.00 -SIGNATURES LESSOR Signature Name (print) ' Title Date i 5 CATERPILLAR FINANCIAL SERVICES Nlelan Burnett Documentation Manager LESSEE CITY OF MCCALL Signature j% Name (prl i Title y Date Jac.(J . Akar, q(2-,(�ts 9021832 CYt&IIIM 1/71AMCf Governmental Equipment Lease -Purchase Agreement Transaction Number 3546104 CAT' Financial . 'I. PARTIES. ' LESSOR ("we; "us", or "our"): CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 37203 LESSEE'ryou" or "your"): CITY OF MCCALL 218 EAST PARK STREET MCCAL.L, ID 83638 . In reliance on your selection of the equipment described below (each a "Unll"), we have agreed to acquire and lease the Units to you, subject to the terms of this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer by you to enter Into this Agreement with us on the teens stated herein. 2. DESCRIPTION OF THE UNITS • (1) New 850M Caterpillar Wheel loader TERMS AND CONDITIONS • J1S00877 $28,330.00 3. Lease Payments; Current Expense You will pay us the lease payments, including the final lease payment set forth above (collectively, the 'Lease Payments"), provided however, that your obligation to pay Lease Payments extends only from the effective dale of this Agreement until expiration of your current fiscal year and thereafter If you renew this Agreement In the event you desire to renew this Agreement, you shall specifically appmpriale funds In the budget adopted by you to make the scheduled Lease Payments.Lease Payments shall be paid by lessee to Lessor according to the attached payment schedule; provided that all amounts owing hereunder shall be due by the final lease payment date. A portion of each Lease Payment constitutes Interest and the balance of each Lease Payment Is payment of principal. The Lease Payments will be due without demand. You will pay the lease Payments to us at Caterpillar Flnanciel Services CorporatIon;PO Box 100847; Pasadena, CA 01180-0847 or such other location that we designate in writing. Your obligations, Induding your obligation to pay the Lease Payments due In any fiscal year, will constitute a current expense of yours for such fiscal year and will not constitute an indebtedness of yours within the meaning of the constitution and laws of the Slate of Idaho. Nothing in this Agreement will constitute a pledge by you of any taxes or other moneys, other than moneys lawfully appropriated from time to time for the payment of the 'Payments' (as defined In the last sentence of this SecUon) owing under this Agreement You agree that, except as provided In Section 7, your duties and liabilities under this Agreement and any associated documents are absolute and unconditional. Your payment and performance obligations are not subject to cancefadon, reduction, or setoff for any reason. You agree to settle all claims, defenses, setoffs, counterclaims and other disputes you may have with the Supplier, the manufacturer of the Unit, or eny other third party directly with the Supplier, the manufacturer or the third party, as the case may be. You will not assert, allege or make any such claim, defense, setoff, counterclaim or otherdiapute against us or with respect to the payments due us under thle Agreement. As used In this Agreement, 'Payments' will mean the Lease Payments and arty other amounts required to be' paid by you. • • • The portion of the Lease Payments constituting principal will bear interest (computed on the basis of actual days elapsed In a 360 day year) at the rate of 4.75% per annum. �L 'I 5 III $185,000.00 4. Late Charges If we do not receive a Payment on the date it is due, you will pay to us, on demand, a late payment charge equal to the lesser of five • percent (5%) of such Payment or the highest charge allowed by law. 5. Security Interest To secure your obligations under this Agreement, you grant us a continuing first priority security interest In each Unit (Including any • Additional Collateral), including all attachments, accessories and optional features (whether or not installed on such Units) and all substitutions, replacements, additions, and accessions, end the proceeds of all the foregoing, including, but not limited to, proceeds in the form of chattel paper. You authorize the filing of such financing statements and will, at your expense, do any ad and execute, acknowledge, deliver, file, register and • record any document, which we deem desirable to protect our security interest In each Unit and our rights and benefits under this Agreement You, at your expense, will protect and defend our security Interest In the Units and will keep the Units free and dear of any and all claims, Bens, encumbrances and legal processes however and whenever arising. 6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE AND PURCHASE OF THE UNRS WILL BE ON AN "AS IS' AND "WHERE IS" BASIS AND 'WITH ALL FAULTS'. Nothing In this Agreement Is Intended to limit, waive, abridge or otherwise modify any rights, claims, . or causes of action that you may have against any person or entity other than us. 7. Non -Appropriation You have an Immediate need for, and expect to make immediate use of, the Units In the ordinary course of your business and maintenance of property. Th(s need is not temporary or expected to diminish dining the term of this Agreement To that end, you agree that your budget for the currant fiscal year Includes a sufficient amount to permit you to discharge your obligations under this Agreement You also agree that your primary business official currently Inlends,.to the extent permitted by law, to Include In your budget for approval by your governing board for each successive fiscal year during the term of this Agreement, a sutiident amount to permit you to discharge your obligations under this Agreement In the • event your governing board fads or refuses to appropriate monies sutfident to make the Payments due during your next succeeding fiscal year, this 661164 o.mv en"a"u AU CT Agreement will not be renewed for such fiscal year and you shall return to us, no later than the last day of the last fiscal year for which appropriations were made for the Payments (the "Return Date'), all of the Units, el your sole expanse, In 'accordance with Section 14, and this Agreement will terminate on the Return Date without penalty or expense to you and you will not be obligated to pay the Lease Payments beyond the last fiscal year for' which appropriations were made; provided, that you will pay all Payments . for which moneys have been appropriated or are otherwise available; and provided further, that you will pay month to -month rent at the rate set by us far each month or part of any month that you fail to return the Units.• . 8. Tax Warranty You will, at all times, do and perform all acts and things necessary and within your control to ensure that the oomponent of the Leese Payments received by us that, for the purposes.of Federal Income taxation, 1s treated as Interest will be exduded from our gross Income. You will not. permit or cause your obligations under this Agreement to be guaranteed by the Federal Government or any branch or tnstrumentality of the Federal Government You will use the Units for the purpose of performing one or more of your govemmental functions consistent with the scope of your authority and not In any trade or business carried on by a person other than you. You will report this Agreement to the Internal Revenue Service by filing Form 80380, 8038GC or 8038, as applicable. Failure to do so will cause this Agreement to lose its tax exempt status. You agree that if the ' appropriate form Is not filed, or If you are In breach of any other lax warranty In this paragraph, the Interest rate payable under this Agreement will be • raised to the equivalent taxable Interest rate. If the use, possession or acquisition of the Units•ls determined to be subject to taxation, you will pay when due ell taxes and govemmental charges assessed or levied against or with respect to the Units. • 9. Assignment You may not, without our prior written consent, by operation of law or otherwise, assign, transfer, pledge, hypothecate or Otherwise dispose • of your right, UUe end Interest in and to this Agreement and/or the Urdts and/or grant or assign a security Interest in this Agreement and/or the Units, In whole or In part We may not transfer, sell, assign, pledge, hypothecate,. or otherwise dispose of our right, tMe and interest In and to this Agreement and/or the UNts and/or grant or assign a security Interest In this Agreement and/or the Units, In whole or In part. 10. indemnity To the extent permitted by law, you assume liability for, agree to . and do Indemnify, protect and hold harmless us and our employees, officers, directors and agents from and against any and all liabMtles, obligations, ' losses, damages, Injuries, claims, demands, penalUes, actions; costs end expenses (Inducting reasonable attomey's fees), of whatsoever kind and nature, arising out of the use, condition (Including, but not limited to, latent and other defects and whether or not discoverable by you or us), operation, ownership, selecUon, delivery, storage, leasing or return of any Rem of Units, regardless of where, how and by whom operated, or any failure on your part . to accept the Units or otherwise to perform or comply with any conditions of this Agreement. 11. Insurance; Loss and Damage You bear the entire risk of loss, theft, destruction or damage to the Units from any cause whatsoever. No loss, theft, destruction or damage of the Units will relieve you of the obligation to make lease Payments or to perform arty' obligation owing under this AgreamenUYou agree to keep the Units Insured to protect ell of our Interests, et your expense, for such risks, in such amounts, In such forns and with such companies as we may require, Including but not limited to fire and extended coverage Insurance, explosion and coMsion coverage, and personal liability and property damage liability insurance. Any Insurance policies relating to lass or damage to the Units will name us as loss payee as our interests may appear and the proceeds may be applied toward the replacement or repair of the Units or the satisfaction of the Payments due under this Agreement You agree to use, operate end maintain the Units in. accordance with ail laws, ragulaUons and ordinances and In accordance with the provision of any policies of insurance Covering the Units, and will not rent the Units or permit the Units to be used by anyone other than you. You agree to keep the•Units In goad repair, worldng order and condition and house the Units in suitable shelter, and to permit us or our assigns to Inspect the Units at any time and to otherwise protect our interests In the Units. If • . any Unit Is customarily covered by a maintenance agreement, you will furnish us with a maintenance agreement by a party acceptable to us. 12. Default; Remedies An "Event of Default* will occur If (a) you fail to pay any Payment when due and such failure continues for ten (10) days after the due . dale for such Payment or (b) you fall to perform or observe any other covenant, condition, or agreement to be performed or observed by you under this Agreement and such failure is not cured within twenty (20) days after written notice of such failure from us. Upon an Event of Default, we WU have all tights and remedies available under applicable law. In addition, we may declare all Lease Payments due or to become due during the fiscal year In which the Event of Default occurs to be immediately due and payal2te'by you and/or we may repossess the Units by giving you written notice to deliver. the Units to us In the manner provided in Section 14, or In the event you fail to'do ' so within ten (10) days after receipt of such notice, and subject to all applicable laws, we may enter upon your premises and take possession of the Units. Further, If we financed your obligations under any extended 'warranty •agreement such as. an Equipment Protection Plan, Extended Service Contract, Extended Warranty, Customer Service Agreement, Total Maintenance and Repair Agreement or similar agreement, we may Cancel such extended warranty agreement on your behalf and receive the refund of the extended warranty agreement fees that we financed but had not received from you as of the date of the Event of Default. 13. Miscellaneous This Agreement may not be modified, amended, altered or changed except by a written agreement signed by you and us. In the event any provision of this Agreement Is'found invalid or unenforceable, the ' • remaining provisions will remain In full force and effect This Agreement, together with exhibits, consUtutes the entire agreement between you and us and supersedes all prior and contemporaneous writings, understandings, agreements, soildtatfons, documents and representations, expressed or Implied. Any terms and conditions of any purchase order or other documents • submitted by you In connection-wlth this Agreement which are in addition to . or Inconsistent wlth the terms and conditions of this Agreement wig not be binding on us and will not apply to this Agreement You agree that we may correct patent errors In lhls Agreement and fill In blanka Indudiny, for example, correcting or filling In serial numbers, VIN numbers, and dates. Any notices required to be given under thls•Agreement will be given to the parties In writing and bytertified malhat the address provided In this Agreement, or _ to such other addresses as each party may substitute by notice to the other, which notice will be effective upon Its recelpL • 14. Title; Retum of Units Legal UUe to the Units Is vested In us. Upon the payment of ail amounts due hereunder, legal title to the Units will pass to you without the necessity of further action by the parties, and we will have no further interest In the Units. ' If we are entitled to obtain possession of any Units or If you are obligated al any Ume to retum any Units, then you wig, at . your expense, promptly deliver the Unit to us properly proteded and in the condition required by Section 11. You wig deliver the Unit, et our opUon, (I) to the nearest Caterpillar dealer seMng equipment of the same type as the Unit; .or (II) on board a carrier named by us and shipping the Unit, freight collect, to . a destineUon designated by, us. if the Unit is not In the condition required by Section 11, you must pay us, on demand, all costs and expenses Incurred by us to bring the Unit Into time required condl ion. Until the Units are returned - as required above, ail terms of this Agreement wig remain In fug force and effect including, without grrritation, your obligation to pay Lease Payments and to Insure the Units. 15. Other Documents In connecUon with the execution of this Agreement, you will cause to be delivered to us (I) either(A) a certified copy of your _ authorizing resolution substantially in the form attached as Attachment B and a copy of the minutes of the relevant meeting or (B) art opinion of your • counsel substantially In the form attached as Attachment C; 09 a Verification of Insurance substantially In the form attached to this Agreement; (Ill) a copy of the signed Form filed with the Internal Revenue Service required In • Section 8 above as Attachment D; and (iv) any other documents or items required by us. , 16. Applicable Law This Agreement will be govamed by the laws, excluding • the laws releUng to the choice of law, of the State of Idaho. SIGNATURES" LESSOR Signature Name (print) Title • Date saIND.GOasA.no. CA RP CIAL SERVICES CORPORATION Meta) Burnett DooutTIODtatlon Manager LESSEE ?� Signature Name (print) X Title v Date UMW o asp ouuaau 1+211wa Non -Appropriation Addendum Lessee/Renter/Customer: City of McCall, Idaho Purchase -Lease Agreement Dated: Lessor: Caterpillar Financial Services Corporation Lease, rental or contract application#:3546104 This Non -Appropriation Addendum (this "Addendum") is made by and between the above -referenced lessee, renter or other customer ("City") and the above -referenced lessor ("Lessor"). Introduction: City and Lessor are simultaneously- herewith entering into the above -referenced lease, rental, or other agreement (the "Lease"); and City and Lessor wish to modify and/or supplement the terms of the Lease, as more particularly set forth herein below. This Addendum shall be effective as of the same date as the Lease (the "Effective Date"). 1. Incorporation and Effect. This Addendum is hereby made a part of, and incorporated into, the Lease as though fully set forth therein. As modified or supplemented by the terms set forth herein, the provisions of the Lease shall remain in full force and effect, provided that, in the event of a conflict between any provision of this Addendum and any provision of the Lease, the provision of this Addendum shall control. In entering into this Addendum, it is the intent of City and Lessor to conform the terms and conditions of the Lease to the requirements of all applicable federal, state and local laws, rules and regulations relating to governmental entities and public finance. If any term or condition of this Addendum is unenforceable or unlawful, then such provision shall be deemed null and void without invalidating the remaining provisions of the Lease. 2. Definitions. Capitalized terms herein that are not otherwise specifically defined herein shall have the same meanings as set forth in the Lease. As used in this Addendum, the following terms shall have the following -described meanings: "Goods" shall have the same meaning as .the term "Equipment," "Leased Equipment," "Goods" or "Property" (or a similar term) as defined and used in the Lease. 3. Non -Appropriation of Funds. City hereby represents, warrants and covenants to Lessor that: (a) City intends, subject only to the provisions of this Section 3, to remit to Lessor all sums due and to become due under the Lease for the full multi- year term thereof; (b) City's governing body has appropriated sufficient funds to pay all Non -Appropriation Addendum — Western States Lease #3546104 Page 1 of 5 amounts due to Lessor during City's current fiscal period; (c) City reasonably believes that legally available funds in an amount sufficient to make all such payments for the full multi -year term can be obtained; and (d) City intends to do all things lawfully within its power to obtain and maintain funds from which all such payments to become due during the full multi -year term of the Lease, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of City's governing body. In the event City's governing body fails to appropriate sufficient funds to makir all payments and pay other amounts due and to become due during City's future fiscal periods, City may terminate the Lease as of the last day of the fiscal period for which appropriations were received (an "Event of Non -appropriation"). City agrees to deliver notice of an Event of Non -appropriation to Lessor at least 30 days prior to the end of City's then -current fiscal period, or if an Event of Non -appropriation has not occurred by that date, promptly 'upon the occurrence of any such Event of Non -appropriation and to return the Goods pursuant to the return requirements stated in the Lease on or before the effective date of termination. City and Lessor understand and intend that City's obligation to make payments and pay other amounts due under the Lease shall constitute a current expense and shall not in any way be construed to be a debt, obligation, or liability in contravention of any applicable constitutional or statutory limitations or requirements concerning City's creation of indebtedness, nor shall anything contained herein constitute a pledge of City's general tax revenues, funds or monies. 4. Additional Representations. Warranties and Covenants of City. In addition to the other representations, warranties and covenants made by City as set forth in the Lease, City hereby represents, warrants and covenants to Lessor that: (a) City has the power and authority under applicable law to enter into the Lease and this Addendum and the transactions contemplated herein and therein and to perform all of its obligations hereunder and thereunder, (b) City has duly authorized the execution and delivery of the Lease and this Addendum by appropriate official action of its governing body and has obtained such other authorizations, consents and/or approvals as .are necessary to consummate the Lease and this Addendum, (c) all legal and other requirements have been met, and procedures have occurred, to render the Lease and this Addendum enforceable against City in accordance with their terms, and City has complied with such public bidding requirements as may be applicable to the Lease and this Addendum and the transactions contemplated herein and therein, (d) upon Lessor's request, City will provide Lessor with a copy of City's current financial statements within 150 days after the end of each fiscal period, and (e) during.the term of the Lease, unless and until the Lease is terminated in accordance with Section 3 above, City shall provide to Lessor, no later than 10 days prior to the end of each fiscal period,. with current budgets or other proof of Non -Appropriation Addendum — Western States Lease #3546104 Page 2 of 5 appropriation for the ensuing fiscal period, and such other financial information relating to City's ability to continue the Lease, as Lessor may request. 5. Indemnification. To the extent City is or may be obligated to indemnify, defend or hold Lessor harmless under the terms of the Lease, any such indemnification obligation shall arise only to the extent permitted by applicable law and shall be limited solely to sums lawfully appropriated for such purpose in accordance with Section 3 above. 6. Remedies. To the extent Lessor's remedies for a City default under the Lease include any right to accelerate amounts to become due under the Lease, such acceleration shall be limited to amounts to become due during City's then current fiscal period. In the event that City is obligated to return the Goods to Lessor, the same shall be done at City expense so long as the destination is not more than 100 miles distant from the City of McCall, Idaho; otherwise, Lessor shall pay the expense of transportation to the destination designated by Lessor. After an Event of Non -appropriation, so long as the lease payment for the then current fiscal year has been paid, upon delivery of the Goods in the manner prescribed and so long as the Goods shall be in the same condition as when received by City (ordinary wear and tear excepted) and is in good operating order and maintenance as required in the Lease, City's obligation to Lessor shall be deemed satisfied. To the extent that the Lease contains a limitation of remedies clause restricting remedies available to the City, such limitation shall be subject to Article 8, Section 4, of the Idaho Constitution. 7. Tax warranties. Notwithstanding anything in the Lease to the contrary, City makes no warranties regarding whether any portion of the lease payments are interest or that the interest is exempt from taxation because of City's governmental status. City will and does warrant that it is a municipal corporation organized under the laws of the state of Idaho, and will complete any IRS or other tax agency forms that Lessor directs so long as the information sought and factual representations to be made on the forms can be made accurately within the format of the forms. City reserves the right to include any explanation of data that City deems necessary to avoid misrepresenting any facts on said forms. A determination by any taxing authority that the lease payments, or any part of the lease payments, are includable in Lessor's gross income shall not constitute a default under the Lease and will not result in any increase in amounts payable under the lease. 8. Accessions and attachments. Notwithstanding anything_in the Lease to the contrary, any accessions or attachments made to the Goods by the City are not part of the Goods, and are not part of the Lease unless the accessions or attachments are provided by Lessor or Lessor's affiliate and are part of the description of the Goods contained in the lease, or, are bona fide replacements of original equipment integral to Non -Appropriation Addendum — Western States Lease #3546104 Page 3 of 5 the Goods at the time of delivery to the City. At termination of the Lease, before the Goods are returned to Lessor, City will remove any accessions or attachments it has affixed to the Goods and will repair any damage to the Goods occasioned by the removal of the same. 9. Preservation of right of offset. Notwithstanding anything in the Lease to the contrary, City retains the right to offset against amounts due under the Lease any defense, claim, setoff, or counterclaim or other right, existing or future, which City may have against the Lessor, or the entity that supplied the Goods. 10. Insurance. Notwithstanding anything in the Lease to the contrary, Lessor shall not be City's attorney in fact in any way or for any reason including but not limited to insurance. City shall not be obligated to assign any insurance policies, titles, rights or benefits to Lessor. The City shall name the Lessor as a loss payee on the insurance coverage for the leased personal property. City shall have no obligation to add the Lessor as an additional named insured because the City's insurer prohibits such addition. 11. Opinion letter by Counsel for City. The opinion letter, if any, required by Lessor from counsel for the City shall only require that counsel opine on: 1) whether the City is duly organized and legally existing as a political subdivision under the Constitution and laws of the state of Idaho; 2) whether the Lease has been duly authorized, executed and delivered by the City and, subject to any applicable bankruptcy, insolvency, moratorium, or other limitations found in Idaho law, is enforceable against City in accordance with its terms; 3) whether there is any litigation pending or, within counsel's best knowledge, threatened which seeks to restrain, enjoin, or in any other way challenges the authority of City to enter into the Lease or make an appropriation for payment of an annual lease payment; and 4) whether the Lease has been authorized, approved, and executed in accordance with all applicable open meeting, public records, and public bidding laws. No further opinions shall be required unless Lessor is willing to fully and adequately compensate counsel for the additional requested opinions and the liability thereby assumed. 12. Governing Law and Forum. Notwithstanding anything in the Lease to the contrary, the Lease and this Addendum shall be governed by, construed and enforced in accordance with the laws of the state of Idaho, and any proceedings related to the lease will be adjudicated in state or federal court in Idaho. 13. Miscellaneous. This Addendum, together with the provisions of the Lease not expressly inconsistent herewith, constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments. This Addendum may be executed in any Non -Appropriation Addendum — Western States Lease #3546104 Page 4 of 5 number of counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. A facsimile or other copy of this Addendum with facsimile or copied signatures shall have the full force and effect. of the original for all purposes, including the rules of evidence applicable to court proceedings.. IN WITNESS WHEREOF, the Lessor and Lessee . do execute this Lease Addendum on this 277 day of Seto 4eobe.v- , 2018. Lessee: City of McCall, Idaho By J -fie Ay : n, • Attest: BessieJo Wgner, City Cdbrk Lessor: Caterpillar Financial Servic oration By Namerritle Nielah Burnett Documentation Manager Non -Appropriation Addendum — Westem States Lease #3546104 Page 5 of 5 DocuSign Envelope ID: 51BA71D1-7388-46A4-94AB-8FC2C5AEB85C 10/1/18 City Of McCall 216 E Park St McCall Idaho 83638 Dear Valued Customer, Please accept this letter as a guarantee for purchase of your Caterpillar Model 950M Serial Number J1S00877 . This guarantee is made in conjunction with the Governmental Failsafe Warranty. We agree to purchase this unit from you at the end of the 5 year for the amount of $185,000 based on a maximum of 3,000 S.M.U.'s. Ifthe time period or service meter unit limits are exceeded the above machine will be appraised to determine a new value. Lessee agrees that each Unit, upon its return, shall: I. Be in sound mechanical condition and to be in good working order under tbll load. 2. Have the same attachments and piece parts as when delivered. 3, a. Have tires in safe and operable condition with a minimum of (40%) of wear remaining tread life and all of the same style (no recaps). OR b. Have a minimum of forty percent (40%) life remaining on all undercarriage components including track shoes, links, pins and bushings, idlers, bogies, sprockets, carrier rollers, track rollers; 4. Have no cracked or broken glass; 5. Have no missing sheet metal and any damage to sheet metal; 6. Have no structural damage to flame. 7. Have met the Nil requirement of the warranty procedures, including scheduled oil sampling at the prescribed intervals. 8. Have no damage or modification to machine ROPS (roll over protection structure) per Caterpillar guidelines, repair or replacement of ROPS will be billed at time of return. . We require thirty (30) days written notice if you choose to exercise this guarantee and transfer title of the above -described equipment to Westem States Equipment Company. If you have any questions or if we may be of fluther assistance, please call. It is understood that under this agreement that the "terms of return" will be met and/or brought into compliance before this re -purchase agreement will be fully executed. Items that are out of compliance will bo repaired and billed to City Of McCall Sincerely, DoeuSiyned by: Gatsatti Kel WICEEAF5BE4EC... Vice President, Finance e—DocuSlpned by: ibtALS DYWQ JOO4F84560428... Used Equipment Manager CUSTOMER GUID IT'S EASY TO MANAGE YOUR ACCOUNT ONLINE. VISIT catfinancial.com LOOK FOR THIS BOX MANAGE MY ACCOUNT LOG IN OR REGISTER • Access all your accounts 24/7 • Pay your bill • Calculate early payoff scenarios • Check interest paid on current contracts • View and print contract and account status • View payment history • Manage your Commercial Account —view your invoice details and manage your parts, service or rental purchases online DIRECT PAY- PAY DIRECTLY FROM YO UR CHECKING ACCOUNT IT'S FAST. You don't have to spend time preparing and sending payments or running to the post office. IT'S SAFE. You don't have to worry about checks getting lost in the mail. IT'S FREE. There is no charge for the service. MAKE A PAYMENT ®ONLINE www.catfinancial.com > Make a payment > View statements and pay history > Obtain buyout quote > View interest letters 0 PHONE 1-800-651-0567 (select option 2) CHECK Caterpillar Financial Services Corporation P.O. Box 13834 Newark, NJ 071880834 OVERNIGHT MAIL JP Morgan Lockbox Processing Caterpillar - Lockbox # 13834 4 Chase Metrotech Center Grd Lvl Courier -Willoughby St Brooklyn, NY 11245 IT'S EASY. We automatically transfer the payment on whatever schedule you're currently using — monthly, quarterly, annually, etc. IT'S SIMPLE. To sign up, log in to your online account and fill out the direct pay authentication form under the forms tab. CONTACT US 0 • CUSTOMER SERVICE 1-800-651-0567 Customer Service Representatives are available Monday -Friday, 7 a.m.-6 p.m. (CST) EMAIL nabc.customerservice@cat.com MAIL Caterpillar Financial Customer Relations 2120 West End Avenue P.O. Box 340001 Nashville, TN 37203 PLEASE DO NOT SEND PAYMENTS TO THIS ADDRESS facebook.com/CatFinancial © @CatFinancial Y00IED youtube.com/CatFnancial ® linkedin.com/company/Caterpillar-Financial @ 2016 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, °Caterpillar Yellow, the °Power Edge° trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. CAT® Financial WESTERN r STATES Meridian 500 E Overland Rd Meridian, ID 83642 208.888.2287 SOLD TO: City Of Mccall 216 E Park St McCall, ID 83638-3832 SHIP 'TO: Office 216 E Park St McCall, ID 83638-3832 SALES AGREEMENT AGREEMENT: Q000061201-3 AGREEMENT DATE: 9/7/2017 I/yIn AGREEMENT EXPIRES: 9/6/2017 WAREHOUSE: Meridian Machine Sales CUSTOMER NO.: 5684800 CUSTOMER PO: SALESMAN: Chad AAllen ChadAllen@wseco.com ITEM DESCRIPTION 2018 Caterpillar 950M Wheel Loader S/N: EMB04033 ID:E0024872 • New Warranty - 60 mo 5,000 hrs - GEM (Failsafe) • Delivery Freight PRICE $2590730.17 Notes Before Tax Balance $259,730.17 Sales Tax $0.00 Trade Payoff $0.00 Downpayment $0.00 Net Due $259,730.17 Western States Equipment /7,� Order Received by ,-eZze-" d Title Regional Sales Manager Date 7,t2 �7 City Of Mccall Approved and Accepted by Title I vl.C�,}evr Warranty Document Received (initial) v' r7-. D t lq I!� Trade Ins: All trade•ins are subject to equipment being in as inspected condition by vendor at limn ofdeliveryofreplacement machine' purchase above. Purchaser hereby sells the trade In equipment described above to the vendor and warrants it to be • free and clear of all claims, liens, and security interest except as shown above. Warranty: By initialing above the customer acknowledges that they have received a copy o/ the Western States ColCatemillarWenanty and hes read and understands said warranty. All used equipment is sold as Is where is and no warranty Is offered or implied except as specified above. PAGE:1 of 9 WESTERN MY STATES EQUIPMENT DETAILS SALES AGREEMENT NO.: Q000061201-3 3607932 950M WHEEL LOADER 3495246 QUICK COUPLER, FUSION 3650112 AIR INLET STANDARD, RAIN CAP 3669912 HYDRAULIC OIL, STANDARD 3717064 ANTIFREEZE, -34C (-29F) 3733911 STARTING, COLD (120V) 3788421 LINES GP -IMPLEMENT 3V (QC) 3847009 STEERING, WHEEL HMU 4340693 PRODUCT LINK, SATELLITE PLE631 4656576 SOUND SUPPRESSION, STANDARD 4957493 LUBRICATION, MANUAL, STD/LOG 5020339 JOYSTICK W/FNR, 3V 5051528 CAB, DELUXE 5063495 REGIONAL PACKAGE, AM-N 5161417 BUCKET -GP, 115" 4.50YD3 OP9002 LANE 2 ORDER 3360000 HOOD, NON-METALLIC 3649808 COOLING CORES, 6 FPI 3669908 AXLES, AUTO DIFF F/R, ED 3679027 GUARD, POWERTRAIN 3733900 QUICK COUPLER READY, STD LIFT 37E34052 TIRES, 23.5R25 MX XHA2 ` L3 3847005 AUTO DIFF, HMU 3930072 COUNTERWEIGHT, 1460KG 4646672 FENDERS, BASIC + 4862311 LIGHTS, HALOGEN 5002566 HYDRAULICS, 3V RC, STD/LOGGER 5036412 FAN, STANDARD 5051552 LINKAGE, STANDARD LIFT 5120858 STANDARD PACKAGE OP0309 PACK, DOMESTIC TRUCK PAGE: 2 of 9 TERMS AND CONDITIONS 1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale of the equipment, vehicles, accessories and attachments described oh the invoice (referred to generally as "equipment" or "goods") by Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2) Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO to take action to fulfill this SA, or (3) the commencement of the mandfacture or shipment of the goods specified in this SA, whichever of the foregoing first occurs. Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and Customer. This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or modification of the terms and conditions hereof will be effective unless in writing and signed by both Customer and WSECO. 2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to indemnify and hold WSECO harmless from any liability and expiense by reason of Customer's failure to pay said taxes or assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses resulting from such failure. 3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all steps necessary to perfect WSECO's interest in the equipment. Customer agrees to execute any documents required by WSECO to evidence and perfect such security interest. Customer hereby appoints WSECO as its irrevocable attorney -in -fart for the purpose of executing any documents necessary to perfect or to continue the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's name including any changes to the assumed business names of Customer. Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material portion of the Collateral and generally of all material happenings and events affecting the Collateral. 4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO. 5. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice. However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs. 6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity. PAGE: 3 of 9 i All equipment or goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer's objections and such notices must be delivered with'n fifteen (15) days after delivery of the goods. It is agreed that in the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods, such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever. 7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer. Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO. 10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, its subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with or arising out of this SA or furnishing of any goods, services or other'tems or any third party's ownership, maintenance, or use of any goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with respect to any equipment, service, or other item is limited to that set forth in the paragraph entitled "EQUIPMENT FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing. Customer agrees that it has selected each item of equipment based upon its own judgment and particular needs and disclaims any reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder. 11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war, insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel, supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or circumstances shall release WSECO from performance of its obligations hereunder. 12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including, but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's employees, agents and subcontractors), arising out of or related to the', selection, delivery, loading, unloading, towing, possession, use, operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against WSECO either alone or in conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines against WSECO in any such suits or actions, whether based in negligence or otherwise. 13. DEFAULT BY CUSTOMER: An event of default shall occur if (a)1 Customer fails to pay when due the sales price; (b) Customer fails to perform or observe any covenant, condition, or agreement'to be performed by it hereunder; (c) Customer ceases doing business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price. PAGE: 4 of 9 i Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (i) declare the sales price immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place and time designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the equipment or proceeds thereof, and in connection therewith WSECO may bid on the goods or equipment and that a commercially reasonable price for said reclaimed equipment may be determined 0 WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price after application of all amounts received from the exercise of its rights under this SA; and (v1) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, including without limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced. 14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, jurisdiction and venue for any action or dispute arising under this SA shall be in the in the Fourth Judicial.IDistrict of the State of Idaho, in and for Ada County, which is WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any court originally acquiring jurisdiction. 15. EQUIPMENT DATA: This machine may be equipped with a wir (less data communication system, such as Product Link. In such case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to Caterpillar/WSECO to better serve the Customer and to improve uporli Caterpillar products and services. This data may include, but is not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise reasonable efforts to keep the information secure. Caterpillar Inc. andl WSECO recognize and will respect customer privacy. Customer agrees to allow this data to be accessed by Caterpillar and WSECO within normal, accepted business practices. The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer to the obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to enter into this SA with WSECO on the terms herein. CUSTOMER: 0l'I A a T` RA.r' (la ,)1(' WESTER tl'AT S EQ IPMENT COMPANY ) p By. By: A Print Name: _', ,C, .�t�. ,N (-Xix , a'� Print Name:'otej�®°�i/7Ps7 r 77 11 ,) Title: M, tiLL-x tr Title: Regional Sales Manager Date: I`� g I i f Date: /342 E/ ( 7 PAGE; 5 of 9 WESTERN TM STATES CAT STANDARD WARRANTY AND APPLICATION FOR EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS The Caterpillar equipment owner identified below ("Owner") hereby applies to Western States Equipment fer:Standard or Extended Coverage in accordance with the terns as sei forth In this document, for Use.Caterplller product Identified below. Owner desires the Standard or Extended coverage options) listed below: COVERAGE EXPIRATION - FIRST TO.000UR (MONTHS OR HOURS) - Months, after retell purchase (less duration of rental, demonstration, or other usage, If any, prior to the first purchaser or lessee) Standard Warranty period based oil Caterpillar guidelines OWNER's NAME OWNER PHONE City Of McCall OWNER ADDRESS, CITY and ZIP CODE 216 E Park St McCall, ID 83636-3832 EXTENDED WARRANTY COVERAGE New Warranty - 60 mo 5,000 hrs & GEM (Failsafe) MODEL 95011,1 PRODUCT DESCRIPTION 950M Wheel Loader HOUR METER . 0 SERIAL NUMBER EMB04033 DELIVERY DATE IMPORTANT NOTE TO OWNER: Complete terms of standard or Extended Coverage are set forth on this.document. Please read all pages carefully`befon3 signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WITH STANDARD OR EXTENDED COVERAGE ARE LIMITED AS INDICATED ON ALL PAGES OF THIS DOCUMENT. CATERPILLAR PRODUCTS CARRY NO IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS. STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT INSURANCE, ACKNOWLEDGEMENTS: I have read and understand the terms, Including limitations and exclusions, of Standard or Extended Coverage, and understand that it is not insurance..I also understand that the coverage 11 d for herein is not effective unless and until 1 pay the applicable charge for this extended coveragederstand the SOS requirements t—(+rifle)) OWNER/LESSEE SIGNATURE The owner and product Ident been paid. DEALER SIGNATURE : TRANSFER: The une (see section_F on'bac bove meet all DATE: I % 111 I 1 for the coverage requested and the applicablecharge for extended coverage has DATE: Ar ' portion of Standard or Extended Repair Coverage may be transferre_ d.with Western States Equt mein p approve) complete details). Complete the section below to request transfer. Purchase Application PURCHASER NAME' DATE MACHINE SOLD DATES INSPECTION COMPLETED & APPROVED ■ COMMERCIAL ADDRESS (STREET, RR) (CiTY/TOWN). (STATE) (ZIP amp • FORESTRY ■ .WASTE. TRANSFER HOUR METER READING SIGNATURE OF NEW BUYER , DEALER CONFIRMATION ❑ GOVERNMENTAL ■ .AG Byy signing this agreement I agree to.the .terms on the following pages. PAGE: 6 of 9 CATERPILLAR STANDARD WARRANTY General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345. Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is 6 months, starting from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery to the first user. • Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty become the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs associated with transporting the product. 3) Labor costs, except as stated under 'Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping charges in excess of those which are usual and customary (air freight). 6) Cost to investigate complaints, unless the problem is caused by a defect in Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and tear. 9) Allowing Caterpillar access to all electronically stored data. 10) Costs associated with travel time and mileage required for on -site repairs. EXTENDED REPAIR COVERAGE A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard", "Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are defective in material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the "Governmental Full Machine" option, the extended coverage includes Scheduled Oil Sampling materials and analysis provided by Western States Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contract is not required for purchase or to obtain financing. Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The coverage is listed for hours and months, whichever expires first. Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine" Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States Equipment. Failure to do so could jeopardize the Extended Coverage and result in shared liability on a pro rata basis if SOS could have predicted or reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this agreement is null and void. Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2) TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: includes pinion and bevel gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for track -type loaders and tractors, only if they also provide steering. l0) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so equipped. I1) DIFFERENTIAL STEERING COMPONENTS: includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reciaimers and stabilizers. This includes the drive shaft group, sheave groups, and clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the machine. This includes power shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are part of the designated power train components. Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train Plus Hydraulics coverage includes all of the above listed items under Power Trainl for the appropriately indicated hours and months, plus the following: I) HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and supplemental). 6) HYDRAULIC CYLINDEFIS: steering, suspension, and implement hydraulic cylinders (includes bulldozer and ripper cylinders on track -type tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that make', up a valve for directing or controlling hydraulic fluid for steering and implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC OIL COOLERS: steering and implement. Full Machine Extended Coverage: All of the listed items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also include all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability for Governmental application Full Machine Failsafe coverage will be determined by: Scheduled Hours Available for Work (numerator) Scheduled Hours (denominator) The machine availability will be evaluated at 12-month intervals. If machine availability is below 95%, Western States Equipment will reimburse owner $25.00 per hour for the hours necessary to "enhance" availability to the 95%level. Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below) until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage is available only through Western States Equipment for Caterpillar Equipment. Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face of this document, unless the remaining coverage is transferred to a subsequent end use purchaser of the product in accordance with Section F below, and indicated on the face -of this document, or cancelled under Section G below. Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option. Form itSVC15-0 8/05/.2011 PAGE: 7 of 9 • i B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God. 4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners, labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, spat upholstery, undercarriage, lubricated joints (including pins and bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings, and bulbs. 5) Any defect in a non -covered component, or damage to or failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in the field, if travel time and mileage/hauling option is not included. 7) AuxiliaryEquipment Manufacturers' attachments and new associated work tools and attachments carry only one warranty as prescribed by that manufacturer .I 8) Western States Equipment will not be responsible for repairs, cost of repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse, negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance a? set forth by the lube and maintenance guide, tire failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling) for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule. C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of its obligation under Extended Coverage if: 1) The product is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States Equipment. 3) The product is removed from Western States' territory. 4) Use Is made of the product within an application group other than the one designated in the original application for Extended Coverage for the product. D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage. E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a machine in the field. Dealer Branches toll free number: Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287 Lewiston, ID 800-842-2225 Pasco, WA 800-633-2287 Meridian, ID 800-8s2-2287 Spokane, WA 800-541-1234 Pocatello, ID 800-832-2287 Hayden! ID 208-762-6600 (Not a toll free number) Twin Falls, ID 800-2s8-1009 Kalispell, MT 800-63s-7794 Missoula, MT 800-548-15 12 LaGrande, OR 800-963-3101 F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written confirmation of the transfer. 4) The use of the product by the subsequent end use purchaser remains in the initial/same application group designed on the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for conversion of the remaining coverage to a different application group. G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage, based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the intent to cancel coverage to the nearest Western States Equipment branch. H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION. OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A SERVICE CONTRACT LIABILITY POLICY. SHOULD 'THE MACHINE SERV CE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY. I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBL GATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT. J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS COVERAGE ARE LIMITED TO THE PROVISION OF NIATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT RESPONSIBLE FOR INCIDENTAL 013 CONSEQUENTIAL DAMAGES. K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES EQUIPMENT COMPANY CAN BE CONTACTED AT TFIE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248-4228 Form #SVC15-0 8/05/2011 PAGE: 8 of 9 CATERPILLAR' Delivery Service Record Caterpillar Inc. Check when information has been entered into the Peoria, Illinois 61629 Product. Information System through Caterpillar dealer terminal. Comprobante Del Servicio de Entrega DO NOT SEND IF ENTERED INTO P.I.S. DLR. CODE MODEL MACHINE SERIAL NO. HOURS DELIVERY DATE ENGINE SERIAL NO. COD. DISTRIB. MODELO N/S MAOUINA i HOUAS FECHA DE ENTREGA N/S MOTOR H510 950M EMB04033 0 ATTACHMENTS INSTALLED; BUCKET, DOZER, RIPPER, WINCH, CAB, TRANSMISSION, BOOM, STICK, ETC. A CESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE, CABINA, TRANMISION, PLUMA, BRAZO, ETC, Mfr. & Model or Part No, Fabricante y Modelo o N/P Mfr. & Model or Part No, Fabricante y Modelo o N/P Mfr. & Model or Part No, Fabricante y Modelo o N/P I i Mfr. & Model or Pert No, Fabricante y Modelo o N/P Serial No. N/S Serial No. N/S Serial No. N/S Serial No. N/S Customer Name (Please Print) CityOf Mccall Nombre del Client° (con tetra de imprenta) Dlrecci6n postal complete 216 E Park St McCall, ID 83638-3832 j Country USA pats Delivery service on this machine has been completed, including the hollowing items. Checkq ) when each Item is completed. El servicio de entrega de esta mdquina se ha completed° incluso los puntos siguientes, Marque,( ) cada punto que complete. ❑ t Operation Guido delivered with machine and operating controls and warning labels explained to user. Se enlreg6 con la m6quina la Gula de Operacian y se explic6 al usuario la operachtm de los conlroles y los r6lulos de edvertencia. ❑ 2, Maintenance Guide delivered with machine and maintenance service, fluid levels and adjustments explained to user, Se enlreg6 con la m6qulna la Gula de Conservacl6n y se exotica al usuarlo el servicio de conservaci n,pjusles y nivel de fluldos Dir. Rep. Signature User's Signature Firma del representante Firma del usuado del distribuldor Delivery Checklist CONTINUED ON FIEVERSE SIDE At dealership ❑ Make sure all pending Safely Product Improvement Programs (PIP) have been completed. ❑ Make sure all necessary farms and literature are available. ❑ All decals are Installed. ❑ All attachments are installed/avallable. ❑ Install shipping/service lock pins In fire suppression system (II equipped) when transporting machine. ❑ 3. Parts Book delivered with machine. Se enlreg6 con la m6qulna el Catdlogo de Plazas. 4, All Items on Delivery Checklist have been completed, Se hizo lodo to Indicado en el Comprobante de Entrega (No. de Foma 01-085314-03). • At delivery area with customer (owner. operator): ❑ Explain Parts Book, ❑ Explain all warning labels on machine, ❑ Show location of all serial numbers on machine. Lubrication and Maintenance. i ❑ Explain Maintenance Guide. ❑ Instruct how to use lubdcalion and maintenance chart. ❑ Snow all lubrication points on the machine and attachments. Usta de Comprobackm SIGUE AL DORSO En la distribuidora ❑ Asegurese qua se completaron los programas pendlentes de meloras al product° pare fins de seguridad (PIP), O Asegurese quo hay disponibles todas las formes y folletos necesados. ❑ Se han puesto lodes las eliquetas. ❑ Todos los accesodos °Wm Instalados/disponlhles. ❑ Se han Instated° los pasadores de Iraba pare embarque/serviclo en el sistema supresor de Incendios (si Ilene) al transporter la m6qulna. 01.085314.09 (3515) En el lugar de entrega, con el cliente (propietario, operadorl, ❑ Explicar et Catelogo de Plazas. ❑ Expllcar lodes los retulos de advertencla de la m6quina. ❑ Mosbar ublcaclen de todos los n6meros de aerie en la m6qulna. Lubrlcacl6n y Conservacl6n ❑ anneal', la Gula de Conservacl6n. ❑ Indlcar c6mo se utilize el cuadro de lubdcaclen y conservaclen. ❑ Moslrar lodes los puntos de lubricacidn de la m6quina y eccesodos. PAGE: 9 of 9 Vst .Cityof McCall • . 216. E.:Park Street McCall; Idalio 83638 Dear Valued Customer, Please accept thi§ letter -as nguarantee. Serial7Virmbler- EM1304033: This gua Warranty: We agree to .purchase this' $185;000 based on a'maximum of 5,0 exceeded the above machine will be ap Lessee agrees that each Unit, upon its r 1. Ee'in sound mechanical condition 2. Have the satire attachments and pie 3. a. 'Have tires in safe and operable remaining tread life and all of b. Have a minimum of forty perc coiriponennts including tiacksh rollers; track rollers; 4. Have no cracked or broken glass; 5: Have no missing sheet metal and G. Have nti structural damage to fratit 7. Have tnet the full requirement of di prescribed intervals. .8. Have no..damage or modification to guidelines,: repair or replacement of We. require thirty (30) days writien notic above-descrilied equipment to Western Ifyou have:aiiy questions or if we,may It is undcrstoad that under this agreemeri compliance jiefore this°re putelaseagr be repaired and billed to City of McCall Sincerely, J� , D191tallyslgnedbyKellyOh —Ki.WTao_.. r UP %),TakL O�Stt.2017.09.13•16:2331 Kelly Olson Vice P : " ent, Finance Dyke I Used uip Manager September 13, 2017 purchase. of your. Caterpillar Model 950M Wheel Loader tee is made inconjunctienwith the Oovernmental Failsife -t from you at the end of'the fifth year for the amount:of &MAJ.'S. if the time period or service meter unit limits are •aised: to determine a new value. - tun, ,shall: ddo be in goed.working order under full load. parts as when delivered. condition with aminimum of(40%) of Wear e same.style (nurecaps).. OR it (46%) life remaining on all undercarriage ;links, pins and bushings, idlers,togies, sprockets, carrier 4,4 damage to sheet metal; warranty procedures, including scheduled oil sampling at the •I chine-.ROPS:,(roil:over protectiom structure) per Caterpillar OPS willbe billed at time of return. if you choose to exercise this guarantee and transfer title of the ates. Equipment Conopariy. of further assistance, please call, ..that the "trains of return" Will be metand/or brought into 11 nt will be fully executed. items that are out ofcompliancewiil n A "thenzedS� cure E X H I B I T 2 C o n c l u d i n g P a y m e n t S c h e d u l e t o G o v e r n m e n t a l A g r e e m e n t Quote number 644-0198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated _____________________, 20____ between Caterpillar Financial Services Corporation and CITY OF MCCALL Description of Unit: 1 Caterpillar 950M serial # J1S00877 Number of Payments Beginning Payment Interest Concluding Date Due Made Balance Amount Balloon 4.75000%Payment (*) Nov-16-18 1 266,930.00 26,330.00 0.00 0.00 240,600.00 Nov-16-19 2 240,600.00 26,330.00 0.00 11,428.50 225,698.50 Nov-16-20 3 225,698.50 26,330.00 0.00 10,720.67 210,089.17 Nov-16-21 4 210,089.17 26,330.00 0.00 9,979.24 193,738.41 Nov-16-22 5 193,738.41 26,330.00 0.00 9,202.57 176,610.98 Nov-16-23 6 176,610.98 0.00 185,000.00 8,389.02 0.00 t o t a l 131,650.00 185,000.00 49,720.00 (*) Does not include any rent payment or other amount then due. Initialed: ____________ (Lessee) 644-0198 Caterpillar Financial Services Corporation Page 1