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HomeMy WebLinkAbout08969RESOLUTION NO. 8969 A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE BEULAH VALLEY VOLUNTEER FIRE DEPARTMENT 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 Beulah Valley Volunteer Fire Department, a copy of which is attached hereto, having been approved as to form by the City Attorney, 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 thereto and attest same. INTRODUCED April 10, 2000 BY Robert Schilling Councilperson APP V D: / Pr6sident of the Council ATTEST: City terk f'^' inr%i1 ArionAn Title : Agenda Item # Department : FIRE DEPARTMENT Date : ISSUE: Should Council adopt a resolution approving the attached agreement to transfer ownership of surplus fire truck to Beulah Valley Volunteer Fire Department. BACKGROUND/ ANALYSIS Since the recent purchase of new equipment, the City of Pueblo has a 1981 American LaFrance fire truck deemed surplus to our needs. The Beulah Valley Volunteer Fire Department is in need of equipment and has expressed interest in acquiring this truck. FINANCIAL IMPACT: NONE RECOMMENDATION: It is the recommendation of the Fire Department that the City transfer ownership of surplus vehicle to Beulah Valley Volunteer Fire Department. [ �CD )Fj AGREEMENT THIS AGREEMENT entered into as of Apri 1 10 . 2000, between Pueblo a municipal corporation (the "Pueblo') and the Beulah Valley Volunteer Fire Department, WITNESSETH: WHEREAS, Pueblo is the owner of one used fire truck which is surplus to its needs, and WHEREAS, Beulah Valley Volunteer Fire Department is in need of such a fire truck, and WHEREAS, Pueblo is willing to transfer and sell the fire truck to the Beulah Valley Volunteer Fire Department and Beulah Valley Volunteer Fire Department is willing to accept the fire truck 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 Beulah Valley Volunteer Fire Department agree as follows: 1. Pueblo does hereby sell, transfer and assign to Beulah Valley Volunteer Fire Department all of its rights, title and interest in and to the following described used fire truck (the "Fire Truck'J: 1981 American LaFrance, Fire Truck Pumper, Serial No. 1FDXD80U8BVJ05419 and will assign and deliver to Beulah Valley Volunteer Fire Department certificate of titre to the Fire Truck. 2. PUEBLO SELLS AND TRANSFERS THE USED FIRE TRUCK AND BEULAH VALLEY VOLUNTEER FIRE DEPARTMENT ACCEPTS THE USED FIRE TRUCK 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 Truck to Beulah Valley Volunteer Fire Department and they will accept delivery of the Fire Truck in Pueblo, Colorado. Beulah Valley Volunteer Fire Department shall at its sole cost and expense cause the Fire truck to be transported to Beulah. Beulah Valley Volunteer Fire Department 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 Truck by Beulah Valley Volunteer Fire Department. 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. PUEBLO, A MUNICIPAL CORPORATION a Attest: C �� BY: City Cle President of City Council Attest. r 1 Title: `ice THE CITY OF BEULAH, COLORADO BY:_� Gary Kyte Title: TV �� �l c-tTV12.. BWFD Director