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HomeMy WebLinkAbout08970RESOLUTION NO. 8970 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, THAT: SECTION 1: The Equipment Sale Agreement between the City of Pueblo, a Municipal Corporation and City of Chihuahua, Mexico, 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 and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED Apri 1 10 . 2000 BY: Al Gurule Council Person APPROVE . w Presid t of the Council ATTEST: Wk 4W -- '-- Council Agenda Title : Department Agenda Item # E DEPARTMENT Date : ISSUE: Should Council adopt a resolution approving the attached agreement to transfer ownership of surplus fire truck to the City of Chichuahua, Mexico. BACKGROUND/ ANALYSIS FINANCIAL IMPACT: RECOMMENDATION: Since the recent purchase of new equipment, the City of Pueblo has a 1970 Mack Fire Truck Pumper Truck deemed surplus; to our needs. The City of Chihuahua, Mexico is in need of equipment and has expressed interest in acquiring this truck. NONE It is the recommendation of the Fire Department that the City transfer ownership of surplus vehicle to Chihuahua, Mexico. AGREEMENT THIS AGREEMENT entered into as of Apri 1 10 , 2000, between Pueblo a municipal corporation (the "Pueblo's and the City of Chihuahua, Mexico (the "Chihuahua'), WITNESSETH: WHEREAS, Pueblo is the owner of one used fire truck which is surplus to its needs, and WHEREAS, Chihuahua is in need of such a fire truck, and WHEREAS, Pueblo is willing to transfer and sell the fire truck to Chihuahua and Chihuahua 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 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 truck (the "Fire Truck': 1970 Mack, Fire Truck Pumper, Serial No. CF611F(12)1345 and will assign and deliver to Chihuahua certificates of title to the Fire Truck. 2. PUEBLO SELLS AND TRANSFERS THE USED FIRE TRUCK AND CHIHUAHUA 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 Chihuahua and Chihuahua will accept delivery of the Fire Truck in Pueblo, Colorado. Chihuahua shall at its sole cost and expense cause the Fire truck to be 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 Truck 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. PUEBLO, A MUNICIPAL CORPORATION Attest: City Cl Attest: Title: A dministrative Technician t ( BY: �. PrL4sident of City Council THE CITY OF CHIHUAHUA, MEXICO BY: C..=' a e ' For Lic. Jose Reyes Baeza Title: Chairman, Sister City Commission