HomeMy WebLinkAbout14111
RESOLUTION NO. 14111
A RESOLUTION APPROVING AN AGREEMENT TO DONATE
PROPERTY AND RELEASE OF CLAIMS BETWEEN CITY OF
PUEBLO AND PROWERS COUNTY RELATING TO ONE 1995
FORD F250 TRUCK VIN 1FTHF25H4SLB54563
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
Prowers County Colorado (“Agreement”) relating to one 1995 Ford F250 Truck VIN
1FTHF25H4SLB54563, 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 December 10, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 10, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Troy D. Davenport, Chief of Police
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO DONATE PROPERTY AND
RELEASE OF CLAIMS BETWEEN CITY OF PUEBLO AND PROWERS COUNTY
RELATING TO ONE 1995 FORD F250 TRUCK VIN 1FTHF25H4SLB54563
SUMMARY:
Attached is an agreement between the City of Pueblo and Prowers County, Colorado concerning
the donation, by the City of Pueblo, of a 1995 Ford F250 Truck to Prowers County.
PREVIOUS COUNCIL ACTION:
The Police and Fire departments have routinely donated surplus or obsolete equipment, including
but not limited to fire pumpers, hoses, and bulletproof vests, to other agencies who are able to
utilize the items.
BACKGROUND:
With the recent purchase of new equipment, the City of Pueblo has a 1995 Ford F250 Truck that
is deemed surplus to our needs. The truck has been unused for a prolonged length of time and
no longer meets the needs of the department. Prowers County 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 104 ti` day of L cL„„,b .r , 2018, by and between Pueblo, a
Municipal Corporation ("Donor") and Prowers County, Colorado, a political subdivision of the
State of Colorado("Donee").
WITNESSETH:
WHEREAS, Donor owns one 1995 FORD F250 Truck, VIN No.
1FTHF25H4SLB54563, City Shop No. 230049 (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:
I. 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.
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 PUEBLO
�;M ) P te " .—
p � 4 aw�.� By
'D gtai City Clerk v President of City Council
DON, "IP
B. AllaP
-- f-rrr ZakcLe-7
Title: c C -ie7
ATTEST:
Name:
Title: