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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 -2-