Loading...
HomeMy WebLinkAbout13724 RESOLUTION NO. 13724 A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND RYE FIRE PROTECTION DISTRICT RELATING TO ONE 1988 FIRE PUMPER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Donate Property and Release of Claims between City of Pueblo and Rye Fire Protection District (“Agreement”) relating to one 1988 SMEAL C801XL-Pumper, 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 City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to effectuate the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED July 10, 2017 _____ BY: Ed Brown City Clerk’s Office Item # Q-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 10, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND RYE FIRE PROTECTION DISTRICT RELATING TO ONE 1988 FIRE PUMPER SUMMARY: Attached is an agreement between the City of Pueblo and the Rye Fire Protection District concerning the donation, by the City of Pueblo, of a 1988 Smeal 1250 GPM pumper to the Rye Fire Protection District. PREVIOUS COUNCIL ACTION: A similar 1988 Smeal Fire Pumper was donated to the City of Chihuahua, Mexico and numerous sections of fire hose were donated to the Rye Fire Protection District. BACKGROUND: With the recent purchase of new equipment, the City of Pueblo has a 1988 Smeal 1250 GPM pumper that is deemed surplus to our needs. The pumper has been unused for a prolonged length of time and no longer meets the needs of the department. The Rye Fire Protection District has shown interest and a need for this piece of equipment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Resolution. Attachments: Agreement AGREEMENT TO DONATE PROPERTY AND RELEASE OF CLAIMS THIS AGREEMENT to Donate Property and Release of Claims ("Agreement") is made and entered into this 10th day of July ,2017,by and between Pueblo,a Municipal Corporation ("Donor") and Rye Fire Protection District ("Donee"). WITNESSETH: WHEREAS, Donor owns one 1988 SMEAL C801XL-Pumper, Serial No. 1FDYD80U2HDA67301, City Shop No. 081115 (herein the "Property") which is surplus to its needs and is willing to transfer the Property to Donee; and WHEREAS, the Donee has agreed to accept the Property in its current condition without warranty and to release Donor from any and all claims and demands with respect to the condition or future use of the Property; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms and conditions of the transfer of the Property. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Transfer. City transfers all its right, title, and interest in and to the Property to the Donee and Donee accepts such transfer. 2. Disclaimer of Warranty. DONEE ACCEPTS THE PROPERTY"AS IS, WITH ALL ITS FAULTS." DONOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND DONOR HEREBY DISCLAIMS THE SAME. 3. Release and Discharge. Donee agrees to completely release and forever discharge Donor and their agents, employees and officers of and from any and all claims, liabilities, or causes of action, whether known or unknown, disclosed or undisclosed, material or immaterial, liquidated or unliquidated, which Donee or its officers, agents and employees may have or may hereafter have against the Donor for or by reason of any matter, cause, or thing relating to the transfer, use, or condition of the Property. 4. Donee shall indemnify, defend and hold harmless the Donor and its officers agents and employees from any and all claims, actions, assessments, demands, liabilities, causes of action, whatsoever which may arise after the date of this Agreement out of the transfer, use, operation, or condition of the Property. 5. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 7. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings,representations, warranties, and agreements between the parties hereto pertaining to the subject matter hereof, and may be modified only by a written agreement signed by all of the parties hereto. 8. The person signing this Agreement on behalf of Donee represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of Donee and that this Agreement is a valid and legally binding obligation of Donee enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. DONOR CITY OF PUEB .40 By IL- City erk '�yo i y Council �� DONEE RYE FIRE PROTECTION DISTRICT By Name: Title: ATTEST: Name: Title: use, operation, or condition of the Property. 5. The parties hereto agree to execute such other documents and to take such other actions, which may reasonably be necessary to further the purpose of this Agreement. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 7. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof and supersedes any prior understandings,representations,warranties, and agreements between the parties hereto pertaining to the subject matter hereof, and may be modified only by a written agreement signed by all of the parties hereto. 8. The person signing this Agreement on behalf of Donee represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of Donee and that this Agreement is a valid and legally binding obligation of Donee enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. DONOR CITY OF PUEBLO By City Clerk President of City Council DONEE RYE FIRE PROTECTION DISTRICT By // Name: .S'7CUA',v %5esti/L/� - v Title: 1- E f-/l.F7' ATTEST: Name: Title: