HomeMy WebLinkAbout6212RESOLUTION NO. 6212
A RESOLUTION APPROVING AN EQUIPMENT SALE AGREE-
MENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO
VINTAGE FIRE APPARATUS COMPANY AND AUTHORIZING
THE EXECUTION THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
OVOnPTnM 1
The Equipment Sale Agreement dated June 13, 1988 between the
City of Pueblo and the Pueblo Vintage Fire Apparatus Company, a
Colorado non- profit corporation, a copy of which is attached
hereto as Exhibit "A ", is hereby approved.
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: June 13, 1988
By SAMUEL CORSENTINO
Councilman
ATTEST: APPROVED:
'J. 4-11.1-o"A"
w
Ci erk P sident of the City Council
EQUIPMENT SALE AGREEMENT
THIS AGREEMENT is entered this day of ,
1988, by and between the City of Pueblo, a municipal corporation
( "City ") and Pueblo Vintage Fire Apparatus Company, a Colorado
non - profit corporation ( "Company ").
In consideration of receipt of One Dollar ($1.00) paid by
Company to City and the mutual covenants and conditions contained
in this Agreement, the parties agree as follows:
1. City hereby sells to Company, and Company hereby pur-
chases from City, a used 1962 model year Ford fire truck, Serial
No. F85PU210036 in present condition where located.
2. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED BY OPERATION
OF LAW OR OTHERWISE. CITY DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
3. Company expressly agrees it is purchasing said fire
truck AS IS and it agrees to indemnify and hold City harmless from
any and all claims, loss, damage, and injury, including death, and
including all costs of defense of any suit and attorney fees,
whether same are foreseeable or not, occasioned by or arising
from, in whole or in part, the condition, storage, display,
operation or other use of said fire truck.
4. Company is acquiring said fire truck for the purpose of
collection, preservation and display of vintage fire fighting
apparatus and not for resale purpose. Company therefore agrees
that in the event Company should desire to dispose of, sell or
otherwise convey ownership of said fire truck, it shall give City
90 days prior written notice of its specific intent to do so and
the terms of the proposed sale or conveyance, and the City shall,
during said time, have a first and prior right to repurchase said
fire truck from Company for the sum of One Dollar ($1.00).
5. To secure the faithful performance of this Agreement,
Company shall execute and deliver to City, in such form as the
City Attorney may require, a fully and properly executed security
agreement and one or more financing statements evidencing a
security interest in said fire truck in favor of the City. It is
further agreed that any application for a certificate of title to
said fire truck shall be submitted containing a description of
City's security interest as a first lien in the amount of $1,500.
said lien amount being agreed herein to be the actual value of
said fire truck, and that City may file with the appropriate
office a duly executed copy of the aforesaid security agreement as
a chattel mortgage.
6. This Agreement constitutes the entire agreement of the
parties and supersedes any and all prior discussions, statements
and negotiations.
CITY OF PUEBLO, A MUNICIPAL
CORPORATION
ATTEST:
w
• B
Ci y Clerk Pre i ent of the City Council
PUEBLO VINTAGE FIRE APPARATUS
COMPANY, A COLORADO NON- PROFIT
ATTEST: CORPORATION
By
Title: Title
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