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HomeMy WebLinkAbout8095RESOLUTION NO. 8095 A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE CITY OF CHIHUAHUA, MEXICO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO THAT: SECTION 1 The Equipment Sale Agreement between the City of Pueblo, a Municipal Corporation and the City of Chihuahua, Mexico is hereby approved. SECTION 2 The President of the City Council is authorized and directed to execute the aforesaid agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED March 24 , 1997 BY: Al Gurule Councilperson APPROVED: President o the ouncil ATTEST: City erk AGREEMENT THIS AGREEMENT entered into as of April 7, 1997, between Pueblo, a municipal corporation (the "Pueblo ") and the City of Chihuahua, Mexico (the "Chihuahua "), WITNESSETH: WHEREAS, Pueblo is the owner of two used fire trucks which are surplus to its needs, and WHEREAS, Chihuahua is in need of such fire trucks, and WHEREAS, Pueblo is willing to transfer and sell the fire trucks to Chihuahua and Chihuahua is willing to accept the fire trucks upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, Pueblo and Chihuahua agree as follows: 1. Pueblo does hereby sell, transfer and assign to Chihuahua all of its right, title and interest in and to the following described used fire trucks (the "Fire Trucks "): (a) 1966 Mack, Fire Truck Pumper, Serial No. 1210; and (b) 1966 Yankee Walter, Air Craft Rescue Crash Truck, Serial No. 665801, and will assign and deliver to Chihuahua certificates of title to the Fire Trucks. 2. PUEBLO SELLS AND TRANSFERS THE USED FIRE TRUCKS AND CHIHUAHUA ACCEPTS THE USED FIRE TRUCKS "AS IS ", WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 3. Pueblo will deliver the Fire Trucks to Chihuahua and Chihuahua will accept delivery of the Fire Trucks in Pueblo, Colorado. Chihuahua shall at its sole cost and expense cause the Fire Trucks to be moved and transported to Chihuahua. Chihuahua shall be liable and responsible for, and shall defend, indemnify and save Pueblo harmless from and against any and all claims, demands, loss, damage or injury, including death, occasioned by or arising, in whole or in part, from the condition, moving, transportation, operation or use of the Fire Trucks by Chihuahua. 4. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior discussions, statements and agreements. Executed as of the day and year first above written. UEB O, A MUNICIP X (, 0 Attest: By City C k President the THE CIT F Attest: By Dr. Gusta Title: Title: Pres'd ORATION AI UA, MEXICO s Becerra l:\CITY\FIRE \MISC\ME)GCO.WPD _2