1986 Case Loader LeasePrinted inU.S.A wrn �rsm�� ■
ADDENDA I
AGREEMENT by and between rn�1, ('nMPANV 1�RA CASE POWER f ,"�, =MENT
locatedat l$I1Q1n E 99nd -Irp City of AT1R6RA
State of CO n Its successors, assigns, and/or nominees (hereinafter called "SELLER ") and
the undersigned (hereinafter called the "MUNICIPALITY ").
1. DESCRIPTION OF EQUIPMENT.
SELLER has purchased the equipment described below (hereinafter referred to as "Equipment ") from the manufacturer and simultane lusly
MUNICIPALITY hereby purchases the Equipment from SELLER subject to the terms and conditions set forth below: _9P
CASE W18 B Articulated Wheel Loader SN 9155504 with extended warranty
2. TERM OF AGREEMENT.
The term of this Agreement shall be 4A months, beginning on ,19 86 , and ending on
�recember 1 19 R`� 48 ,688.32
3. PAYMENT.
a. MUNICIPALITY agrees to pay to Seller a total of payments of $ consisting of a principal amount of
$ 4^9,?ir; nn plus Interest applied to the principal at the rate of Z- % per annum which results in a finance
charge of $ i; A7'A 39 according to the following schedule:
1. An advance payment in the sum of $ 1 , n1 4 `�4 to be applied to the firest rental per ;od.
2. The balar —c , cf the total of payments to be payable in 47 payments of A 1 .03.4-34 each due at the beginning
of each ZGt month portion beginning the 1st day of Febnuar-r 1986 •
b. MUNICIPALITY hereby agrees to pay interest on each payment past due more than ten (10) days at the highest contract rate allowed by law.
4. MUNICIPALITY'S OPTION TO PURCHASE.
SELLER hereby grants to MUNICIPALITY the option to purchase the Equipment, provided that MUNICIPALITY gives notice to SELLER, in writing,
of his intention to exercise the option at least 'An days prior to the expiration of this Agreement, and provided further that
MUNICIPALITY'S right to so purchase the Equipment is conditioned on MUNICIPALITY'S complete performance of all the terms and provisions
of this Agreement on its part to be performed, including full compliance with the payment as specified herein.
a. Should MUNICIPALITY exercise the option to purchase, 100 % paid hereunder shall be applied to the purchase price of the Equipment.
On receipt of the balance of the purchase price by SELLER, together with a sum equal to any new or applicable unpaid sales and use taxes,
SELLER will transfer title of the Equipment to MUNICIPALITY, and will deliver, on written request, written evidence of the transfer of such title.
b. The Purchase Price of the Equipment applicable to this option to purchase is the sum of $ 42 ,215 00
5. LOCATION OF EQUIPMENT. __
a. The Equipment shall be located at
duiif'iy tip@ 8ntiie ici�Ti vi ti 'i's nyfc6�iiclt.
MUNICIPALITY shall not, without the prior writ en consent of SELLER, permit the Equipment to be removed from this location.
b. At the request of SELLER, MUNICIPALITY will join SELLER in executing one or more Financing Statements, pursuant to the Uniform
Commercial Code or other registration law applicable to the location of the Equipment and /or the MUNICIPALITY, in form satisfactory to
SELLER; MUNICIPALITY will pay the cost of filing the Financing Statement(s) in all public offices wherever filing is deemed by SELLER to be
necessary or desirable.
6. WARRANTY.
SELLER makes no representations or warranties with respect to the Equipment set forth herein. Any warranties provided by SELLER on the
Equipment set forth herein shall be given to MUNICIPALITY under separate agreement provided by the manufacturer of the Equipment, the
receipt whereof is hereby acknowledged by MUNICIPALITY.
7. MUNICIPALITY RESPONSIBILITIES.
a. MUNICIPALITY assumes and will pay all costs and expenses of any character, arising from the use, possession, or maintenance of said
Equipment.
b. MUNICIPALITY shall keep the Equipment free of all liens, taxes, encumbrances and seizure or levy; shall not use same illegally, shall not
damage. abuse, misuse, abandon or lose said Equipment; shall not part with possession thereof, wh?ther voluntan!y or i;,voluntariiy or
transfer any interest tne•ein.
c. MUNICIPALITY at its own cost and expense shall maintain property damage insurance against "all -risk of physical damage" in such amounts
as SELLER may reasonably require. Such insurance shall be in a form and with companies as SELLER shall approve, which approval shall not
be unreasonably withheld, shall name SELLER as an additional insured and shall provide that such insurance may not be cancelled or altered
as to SELLER without at least ten (10) days prior written notice to SELLER. MUNICIPALITY shall deliver to SELLER on or before the date on
which the Equipment is delivered evidence satisfactory to SELLER of such insurance.
8. SELLER'S RIGHT OF INSPECTION.
Seiler shall have the right at any time to enter the premises occupied by the Equipment and shall be givt ree es ereto and afforded
necessary facilities for the purpose of inspection. �•, z
9. NONAPPROPRIATION.
If funds are not allotted by the MUNICIPALITY for the next fiscal period sufficient o tpue making' #Ile pslment se ion " 3"
hereof, MUNICIPALITY may terminate this Agreement upon the expiration 'of the th ent fiscal year. MU It� ALI tp.- provide
SELLER immediate notice of its intention to terminate.
10. EXPIRATION OF AGREEMENT.
a. At the expiration of the term of this Agreement as set forth in Section 'T ", and If MUI�j!..� ACIRY heected not to exercise an option to
purchase described in Section "4 ", MUNICIPALITY shall be responsible for the de 'very if,�pment to a place designated by SELLER..
b. At its option, SELLER may enter the premises of MUNICIPALITY for the purpo effe ing the removal of the Equipment to the location
designated by Seller. If SELLER exercises this option, MUNICIPALITY shall be rr sible for the costs associated with the removal of the
Equipment to the location designated by SELLER.
11. EVENTS CONSTITUTING MUNICIPALITY DEFAULT.
SELLER may terminate this Agreement immediately upon the occurrence of any of the following events:
a. MUNICIPALITY fails to pay when due any of the payments, or to perform, or rectify breach of, any obligation assumed by MUNICIPALITY in
this Agreement.
b. MUNICIPALITY makes an assignment for benefit of creditors, or is subject to any receivership, insolvency or bankruptcy proceedings.
c. Any other event which causes SELLER, in good faith, to deem itself insecure.
J I CASE CREDIT CORPORATION
TOWN OF AVON
BOX 975
AVON CO 81620
DEAR CUSTOMER
Case Credit Corporation
WE ARE PLEASED THAT THE J I CASE CREDIT CORPORATION CAN FINANCE
THE EQUIPMENT REFERRED TO IN THE FOLLOWING
ACCOUNT NBR* 85187 PLEASE REFER TO ACCOUNT
INSTALLMENT LEASE NBR* 735700 AND LEASE NUMBER IN ALL
DATE 12/10/85 CORRESPONDENCE:
EQUIPMENT W 18B WL 9155504
PAYMENT SCHEDULE
START NBR TYPE AMOUNT
2/01/86 47 MNTHLY 1 0014.34
A DUPLICATE COPY OF THE ABOVE INFORMATION IS ENCLOSED• PLEASE
USE THIS TO ADVISE US OF ANY ERRORS IN YOUR NAME AND ADDRESS.
YOUR AGREEMENT HAS BEEN ASSIGNED TO THE J *I* CASE CREDIT
CORPORATION BY CASE POWER 6 EQUIP DENVER CO*
WE APPRECIATE THIS OPPORTUNITY TO BE OF SERVICE AND SHOULD YOU
HAVE ANY QUESTIONS REGARDING YOUR ACCOUNT IN THE FUTURE PLEASE
FEEL FREE TO CONTACT THE FINANCE OFFICE HANDLING YOUR ACCOUNT
AT THE FOLLOWING ADDRESS
PHONE 91.3 - 469^6400
J.I. CASE CREDIT CORPORATION
P.O. BOX 29170
OVERLAND PARK# KS 66201
FOR YOUR CONVENIENCE: A STATEMENT SHOWING THE AMOUNT AND
DUE DATE OF EACH PAYMENT WILL BE SENT TO YOU A FEW DAYS BEFORE
THE DUE DATE.
IF* DUE TO MAIL DELAYS* YOU DO NOT RECEIVE THIS STATEMENT.
PLEASE SEND PAYMENT TO YOUR OFFICE AT THE ABOVE ADDRESS.
WHEN MAILING PAYMENTS OR MAKING INQUIRIES ABOUT YOUR ACCOUNT*
PLEASE INCLUDE YOUR ACCOUNT NUMBER AND INSTALLMENT LEASE NUMBER
LISTED ABOVE.
AN ANNUAL FINANCE CHARGE SCHEDULE IS ATTACHED* FOR TAX PURPOSES.
FO 07-054
YOURS TRULY*
J I CASE CREDIT CORPORATION
Received Town of Avon
MAR 1 0 1986
ANNUAL FINANCE CHARGE SCHEDULE
RE : ACCOUNT NUM13ER : 85187
NOTE: NUMBER 735700
NAME TOWN OF AVON
Case Credit Corporation
LISTED BELOW IS AN ANNUAL SUMMARY OF FINANCE CHARGES APPLICA11LE
TO THE RETAIL NOTE REFERENCED ABOVE.
YEAR AMOUNT
1986 29857.85
1987 2.031.46
1988 10205009
1989 378.92
IF YOUR PAYMENTS ARE OTHER THAN REGULAR MONTHLY PAYMENTS
AND/'OR IF YOUR TAX YEAR IS OTHER THAN THE CALENDAR YEAR* WE
SUGGEST YOU REVIEW THIS MATTER WITH YOUR TAX ADVISOR.
FO 07 -054
Received %wn of Avol?
MAR 1 0 196-
FO 07 -054 (' 1
CUSTOMER CORRECTION ADVICE
FROM
TOWN OF AVON
BOX 975
AVON CO 81620
REPORT ANY ADDRESS CORRECTIONS BELOW
ACCOUNT NBR. 85187
INSTALLMENT LEASE NBR, 735700
DATE 12 /10/85
EQUIPMENT W188 WL 91.55504
DEALER
99690
CASE POWER & EQUIP DENVER CO
18000 Es 22ND• AVENUE
AURORA CO 80011
PAYMENT SCHEDULE
START NBR TYPE AMOUNT
2/01/86 47 MNTHLY 1 9014.34
REMARKS
DATE -- - /-- <---
CUSTOMER SIGNATURE --------- - - ---- --- --
Case Credit Corporation
Received Town of Avon
MAR 1 0 1986
Case Power
and Equipment
18000 East 22nd Avenue
Aurora, Colorado 80011
Phone 303 364 -1888
DECEMBER 19, 1985
JOYCE
TOWN OF AVON
PO BOX 975
AVON, COLO. 81620
JOYCE,
J I Case
A Tenneco Company
1
Please sign the enclosed UCC1 for the W18B that the Town recently
purchased on a Municipal Lease.
Thanks
Sincerely,
/Ii01,11'
LaNell Lofland
Sec
[I-:3a
TENNECO
�V v ADDENDA I
*GREEME NT by and between _ (`ASr. C'nA1PANY nRA CASE pnu:r-.1; & T ITPT4F.NT
f City o AT1, XA
located at_1Rnnn F 7inA Av, ,_ '
State of_bsnr n its successors, assigns, and/or nominees (hereinafter called "SELLER") and
the undersigned (hereinafter called the "MUNICIPALITY").
1. DESCRIPTION OF EOUIPMENT..
SELLER has purchased the equipment described below (hereinafter referred to as "Equipment ") from the manufacturer and simultaneously
MUNICIPALITY hereby purchases the Equipment from SELLER subject to the terms and conditions set forth below:
CASE W18 B Articulated TAheel Loader SN 9155504 with extended warranty
2. TERM OF AGREEMENT.
The term of this Agreement shall be 48 months, beginning on 1 , 19 86 and ending on
�p�Pm1•iPr 1 , 19 R9 .
3. PAYMENT.
a. MUNICIPALITY agrees to pay to Seller a total of payments of $ 46,6@8 32
consisting of a principal amount of
$ 4? ?1r; nn plus Interest applied to the principal at the rate of Z- -% per annum which results in a finance
charge of $ ti n71 '49 according to the following schedule:
1. An advance payment in the sum of $ 1 r nl 4 '44 to be applied to the first rental period.
2. The balance of the total of payments to be payable in 47 payments of $ 1,914 34 each due at the beginning
of each ] St month portion beginning the 1_st day of Februayv 1986
b. MUNICIPALITY hereby agrees to pay interest on each payment past due more than ten (10) days at the highest contract rate allowed by law.
4. MUNICIPALITY'S OPTION TO PURCHASE.
SELLER hereby grants to MUNICIPALITY the option to purchase the Equipment, provided that MUNICIPALITY gives notice to SELLER, in writing,
of his intention to exercise the option at least '10 days prior to the expiration of this Agreement, and provided further that
MUNICIPALITY'S right to so purchase the Equipment is conditioned on MUNICIPALITY'S complete performance of all the terms and provisions
of this Agreement on its part to be performed, including full compliance with the payment as specified herein.
a. Should MUNICIPALITY exercise the option to purchase, 100 % paid hereunder shall be applied to the purchase price of the Equipment.
Or. receipt of the balance of the purchase price by SELLER, together with a sum equal to any new or applicable unpaid sales and use taxes.
SELLER will transfer title of the Equipment to MUNICIPALITY, and will deliver, on written request, written evidence of the transfer of such title.
b. The Purchase Price of the Equipment applicable to this option to purchase is the sum of $ 42 .215 .00
5. LOCATION OF EOUIPMENT.
a. The Equipment shall be located at during the entire term of this Agreement.
MUNICIPALITY shall not, without the prior writ en consent of SELLER, permit the Equipment to be removed from this location.
b. At the request of SELLER. MUNICIPALITY will join SELLER in executing one or more Financing Statements, pursuant to the Uniform
Commercial Code or other registration law applicable to the location of the Equipment and /or the MUNICIPALITY, in form satisfactory to
SELLER; MUNICIPALITY will pay the cost of filing the Financing Statement(s) in all public offices wherever filing is deemed by SELLER to be
necessary or desirable.
6 WARRANTY.
SELLER makes no representations or warranties with respect to the Equipment set forth herein. Any warranties provided by SELLER on the
Equipment set forth herein shall be given to MUNICIPALITY under separate agreement provided by the manufacturer of the Equipment, the
receipt whereof is hereby acknowledged by MUNICIPALITY.
7 MUNICIPALITY RESPONSIBILITIES,
a MUNICIPALITY assumes and will pay all costs and expenses of any character, arising from the use, possession, or maintenance of said
Equipment.
b. MUNICIPALITY shall keep the Equipment free of all liens, taxes. encumbrances and seizure or levy, shall not use same illegally, shall not
damaoe. abuse, misuse. abandon or lose said Equipment, shall not part with possession thereof, whether voluntarily or involuntarily or
transfer any interest therein.
c. MUNICIPALITY at its own cost and expense shall maintain property damage insurance against "all -risk of physical damage" in such amounts
as SELLER may reasonably require. Such insurance shall be in a form and with companies as SELLER shall approve, which approval shall not
be unreasonably withheld, shall name SELLER as an additional insured and shall provide that such insurance may not be cancelled or altered
as to SELLER without at least ten (10) days prior written notice to SELLER. MUNICIPALITY shall deliver to SELLER on or before the date on
which the Equipment is delivered evidence satisfactory to SELLER of such insurance.
E SELLER'S RIGHT OF INSPECTION.
Seller shall have the right at any time to enter the premises occupied by the Equipment and shall be given free access thereto and afforded
necessary facilities for the purpose of inspection.
9. NONAPPROPRIATION.
If funds are not allotted by the MUNICIPALITY for the next fiscal period sufficient to continue making the payments set forth in Section
hereof. MUNICIPALITY may terminate this Agreement upon the expiration of the then current fiscal year. MUNICIPALITY agrees to provide
SELLER immediate notice of its intention to terminate.
10. EXPIRATION OF AGREEMENT.
a. All the expiration of the term of this Agreement as set forth in Section "2 ", and if MUNICIPALITY has elected not to exercise an option to
purchase described in Section "4", MUNICIPALITY shall be responsible for the delivery of the Equipment to a place designated by SELLER.
b. At its option, SELLER may enter the premises of MUNICIPALITY for the purpose of effecting the removal of the Equipment to the location
designated by Seller. If SELLER exercises this option, MUNICIPALITY shall be responsible for the costs associated with the removal of the
Equipment to the location designated by SELLER.
11. EVENTS CONSTITUTING MUNICIPALITY DEFAULT.
SELLER may terminate this Agreement immediately upon the occurrence of any of the following events:
a. MUNICIPALITY fails to pay when due any of the payments, or to perform, or rectify breach of, any obligation assumed by MUNICIPALITY in
this Agreement.
b. MUNICIPALITY makes an assignment for benefit of creditors, or is subject to any receivership, insolvency or bankruptcy proceedings.
c. Any other event which causes SELLER, in good faith, to deem itself insecure.
1L. MIUM I Rini MtMtlJlt� Vr ,CILCM urvn VCrAVl1.
Upon the occurrence of any of the events of default described in Section -11-, and at any 6rre thereafter, SELLER may, in its discretion, exercise
any one. or all, of the following ngt"�-�r remedies `
a. To accelerate all the payments L. ,:abed herein and declare them immediately due a. _ payable.
b. MUNICIPALITY shall be liable to SELLER for an amount equal to the sum of the payments accelerated pursuant to Subsection "a' q
immediately above. said sum to be immediately due and payable as liquidated damages and not as a penalty.
c. To require MUNICIPALITY to assemble Equipment at MUNICIPALITY'S expense, and make it available to SELLER at a place to be designated
by SELLER. SELLER may enter the premises of MUNICIPALITY for the purpose of peacefully exercising the rights of SELLER set forth in this
subsection.
13. WAIVER.
Failure of SELLER to exercise any right or remedy, including but not limited to, the acceptance of partial or delinquent payments, shall not be a
waiver of any obligation of MUNICIPALITY or right of SELLER or constitute a waiver of any other similar default subsequently occurring.
14. ASSIGNMENT.
a. BY SELLER: SELLER may assign this Agreement and in the event of such assignment, MUNICIPALITY shall perform all promises herein
contained to such Assignee as the owner hereof. After MUNICIPALITY receives notice of assignment hereof, MUNICIPALITY shall make all
payments hereunder direct to the holder hereof and SELLER shall not be the agent of the holder for transmission of payments or otherwise.
b. BY MUNICIPALITY: MUNICIPALITY may not assign, transfer or delegate its rights or obligations under this Agreement without the consent of
SELLER in writing.
15. ENTIRE AGREEMENT.
This Agreement is and shall be deemed the complete and final expression of the agreement between the Parties as to matters herein contained
and relative thereto, and supersedes all previous agreements between the Parties pertaining to such matters. It is clearly understood that no
promise or representation not contained herein was an inducement to either Party or was relied upon by either Party in entering into this
Agreement.
16. MODIFICATION.
No letter, or other form communication, passing between the Parties hereto, covering any matter during the effective period of this Agreement.
shall be deemed a part of this Agreement, nor shall it have the effect of amending or modifying this Agreement, unless said communication
distinctly states that said communication is to constitute a part of this Agreement and is to be attached as a rider to this Agreement and is signed
by the Parties hereto.
17. CAPTIONS.
Captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of
this Agreement or any provision thereof.
18. NOTICE.
This deposit of written notice in the mails in an envelope certified or registered with postage prepaid and addressed to the MUNICIPALITY, at the
address shown below, or to SELLER at the address shown below, shall constitute notice pursuant to this Agreement.
19. AUTHORITY TO CONTRACT.
The execution and delivery of this Agreement will not violate or constitute a breach of any agreement or restriction to which MUNICIPALITY is a
party or is subject.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day of
,19
SELLER.
TT -r`T CL` nnr`R�anry nRA C`DCF Dni.7? ='D [ F�TLT7FT�T
B>
I�
Dave
SELLER'S aod,ess for notices under this Agreement.
MUNICIPALITY:
B,
Its Mayor
Date 10th day of December, 1985
MUNICIPALITY'S address for notices under this Agreement:
Box 975
City Aurora, City Avon,Colo. 81620
State Colo. 80011 State
Dp Cock-
ASSIGNMENT (With Full Recourse)
Zip GOOE
The within. Agreement. together with the indebtedness and all rights therein described, is hereby assigned with full recourse, transferred, conveyed
and set ove, unto J I CASE CREDIT CORPORATION for its successors or assigns, for its or their own use forever, with full power and authority with
reaard thereto subject nevertheless to the conditions therein contained and to the rights therein granted according to law and subject to the
provisions of the current Retail Financing Agreement between Assignor and Assignee, and each assignor represents and warrants the said
instrument as genuine and in all respects what it purports to be and has no knowledge of any fact impairing the validity thereof, and that there are no
set -offs or counterclaims against the same. Payment of the within Agreement according to its terms is hereby guaranteed by the undersigned.
Seller:
By:
Title:
(Assignor)
Gentlemen:
We are pleased to inform you that, pursuant to your request, we are agreeable to entering into a leasing trans-
action with you in accordance with the terms of the Agreement and other documentation enclosed herewith and upon
the following additional terms and conditions. The terns used herein have the same Meanings as set forth in the
Agreement.
1. Equipment: Case W180 B articulator
Wheel Loader
2. Location:
AVON, COLORADO
3. Cost of Equipment: $42,215.00
4. Payment:
a. Interest applied to principal at the
rate of 7.5 %
b. Total of payments: S 48 .688 - -42
e. Each payment: $ 1,014.34
d. Due date of each payment: lst of month
5. Terr. of Agreement
From: January 1, 1986
To: nar-Pmher 1 , 1 989
6. Fiscal Year
Fiscal Year of Municipality begins on Jan. 1
7. Delivery Date: within 'In dnvc nf pn
B. Expiration Date of this Commitment Letter:
If the Equipment has not been delivered at the above described Location and accepted by you prior to the above
Expiration Date, or there is, prior to said Expiration. Date, in our opinion, an adverse change in your financial
condition then, at our option, we may terminate our obligations under this Commitment Letter.
It is understood that our obligations are contained only in this letter and any amendment to it in writing, signe
by our authorized officer. If you agree to enter into the transaction on the terms set forth in the Letter and in
the Agreement, please indicate your acceptance by delivery to us the enclosed copy of this Letter with your
executed acceptance thereon within fifteen (15) days frog the date of this Letter.
Please be assured of our desire to give you the best and most efficient service.
Very truly yours,
JI CASE C014PANY DBA CASE POWER & EQUIPMENT
Dealer.
By
Title: Sales nlanaaer
Date: Y'
ACCEPTANCE:
We hereby agree to enter into the transaction described above on the terms and conditions and with the agreements
and covenants set forth above and agree that the foregoing Commitment Letter shall be a part of the Agreement
referred to in said Commitment Letter.
KMICIPALITY
For= 3' °"
LAW OFFICES
COSGRIFF, DUNN & ABPLANALP
a partnership of professional corporations
P.O. Box 340
PETER COSGRIFF VAIL. COLORADO 81658 COSGRIFF, DUNN & BERRY
JOHN W. DUNN (303) 476 -7552 P.O. BOX 11
ARTHUR A. ABPLANALP, JR. LEADVILLE, COLORADO 80461
TIMOTHY H. BERRY (303) 486 -1885
ALLEN C. CHRISTENSEN
LESLIE J. RANNIGER December 11, 19 8 5
Case Power & Equipment
18000 East 22nd Avenue
Aurora, Colorado 80011
Re: Governmental Unit /Lessee: Town of Avon
Date of Agreement: January 1, 1986
Dealer /Lessor: Case Power & Equipment
Gentlemen:
As counsel for Town of Avon (the governmental unit
identified as Lessee in the captioned agreement), I have
examined duly executed originals of the Agreement dated
the 1st day of January, 1986, by and between Lessee and the
captioned dealer as Lessor, and the proceedings taken by
Lessee to authorize and execute the Agreement.
Based upon the examination and upon such other
examinations as I have deemed necessary or appropriate, I am
of the opinion that:
1. Lessee is a body corporate and politic, legally
existing under the laws of the State of Colorado.
2. The Agreement has been duly authorized, executed,
and delivered by Lessee.
3. The Agreement is a legal, valid, and binding
obligation of Lessee, enforceable in accordance with its terms.
kem
cc: Town of Avon
Yours very truly,
COSGRIFF, DUNN & ABPLANALP
t41_�
n Jo. Dunn
PROFESSIONAL CORPORATIONS ARE PETER COSGRIFF, P.C. AND TIMOTHY H. BERRY, P.C. IN LEADVILLE,
DUNN 8 ABPLANALP. P.C. IN VAIL.
EXHIBIT "A"
OPINION OF LESSEE'S COUNSEL
Governmental Unit /Lessee Mnl= = nvn
Date of Agreement: January 1, 1986
Dealer /Lessor CASF. POWER T RQTTTPMFNT
Gentlemen:
As counsel for TOWN OF AVON (the governmental unit
identified as L in the captioned agreement), I have examined
duly executed originals of the Agreement dated the 1st day of
Januar , 1986 , by and between LESSEE and tFie captioned
ea er as LESSOR, and tF—e-proceedings taken by LESSEE to authorize
and execute the Agreement.
Based upon the examination and upon such other examinations as I
have deemed necessary or appropriate, I am of the opinion that:
1. LESSEE is a body corporate and politic, legally existing under
the laws of the State of COLORADO
2. The Agreement has been duly authorized, executed, and
delivered by LESSEE.
3. The Agreement is a legal, valid, and binding obligation of
LESSEE, enforceable in accordance with its terms. In the event
that LESSOR obtains a judgment against LESSEE in money damages,
as a result of an event of default under the Agreement, LESSEE
will be obligated to pay such judgment.
Very truly yours,
Counsel or LESSEE
Form 3481
Printed in U.S.A.
Title: Avon W 18B SN 9155504 Sale Price $42215.00 Less 1 Pymt of $1014.34
Loan Amount: $ 41200.66
Interest Rate M: 7.500
Periodic Payment: $ 1014.34
Term (Months) : 47.
Amortization Period: 47.
Ending Balance: $ 0.0
Fiscal Year End :December
Pmt * Payment Date Principal Interest Balance
---------------------------------------------------------- - - - - --
1
2/ 1 / 1986
756.84
257.50
40443.82
2
3/1/1986
761.57
252.77
39682.26
3
4/1/1986
766.33
248.01
38915.93
4
5/l/1986
771.12
243.22
38144.82
5
6/1/1986
775.93
238.41
37368.88
6
7/l/1985
780.78
233.56
36588.10
7
8/1/1986
785.66
228.68
35802.43
8
9/1/1956
790.57
223.77
3501 1.86
9
10/1/1986
795.52
218.82
34216.34
10
II/l/19515
800.49
213.85
33415.85
1 1
12/1/1986
805.49
208.85
32610.36
----------------------------------------------------------------
Fiscal Year
Totals
8590.30
2567.44
12
1/1/1987
810.53
203.81
31799.84
13
2/1/1987
815.59
198.75
30984.25
14
3/l/1987
820.69
193.65
30163.56
15
4/1/1987
825.82
1 88.52
29337.74
16
5/1/1987
830.98
183.36
28506.76
17
6/1/1987
836.17
178.17
27670.59
18
7/1/1987
841.40
172.94
26829.19
19
8/l/1987
846.66
167.68
25982.53
20
9/1/1987
851.95
162.39
25130.58
21
10/1/1987
857.27
157.07
24273.31
22
11/1/1987
862.63
151.71
23410.68
RE4 � iVI: -D N0V 12 1985
Pmt *
----------------------------------------------------------------
Payment Date
Principal
Interest
Balance
23
----------------------------------------------------------------
12/1/1987
868.02
146.32
22542.65
Fiscal Year Totals
10067.71
2104.37
24
1 / 1 / 1988
873.45
140.89
21669.21
25
2/1/1988
878.91
135.43
20790.30
26
3/1/1988
884.40
129.94
19905.90
27
4/1/1988
889.93
124.41
19015.97
28
5/1/1988
895.49
118.85
18120.48
29
6/1/1988
901.09
113.25
17219.39
30
7/1/1988
906.72
107.62
16312.67
31
5/1/1988
912.39
101.95
15400.29
32
9/1/1988
918.09
96.25
14482.20
33
10/1/1988
923.83
90.51
13558.37
34
11/1/1988
929.60
84.74
12628.77
35
----------------------------------------------------------------
12/1/1988
935.41
78.93
11693.36
Fiscal Year Totals
10849.29
1322.79
36
1/1/1989
941.26
73.08
10752.1 1
37
2/1/1989
947.14
67.20
9804.97
38
3/l/1989
953.06
61.28
8851.91
39
4/1/1989
959.02
55.32
7892.89
40
5/1/1989
965.01
49.33
6927.88
41
6/1/1989
971.04
43.30
5956.84
42
7/1/1989
977.11
37.23
4979.73
43
8/1/1989
983.22
31.12
3996.52
44
9/1/1989
989.36
24.98
3007.15
45
10/1/1989
995.55
18.79
2011.61
46
H/1/1989
1001.77
12.57
1009.84
47
---------------=-------------------------------=----------------
12/1/1989
1009.84
6.31
0.0
Fiscal Year
Totals
11693.36
480.53
Pmt * Payment Date Principal Interest
Grand Totals
41200.66
Ending Bal. 0.0
r`
Balance
--------- - - - - --
6475.13