HomeMy WebLinkAbout6257RESOLUTION NO. 6257
A RESOLUTION APPROVING AN EQUIPMENT SALE AGREE-
MENT BETWEEN THE CITY OF PUEBLO AND THE BEULAH
VALLEY VOLUNTEER FIRE DEPARTMENT, INC. AND
AUTHORIZING THE EXECUTION THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Equipment Sale Agreement dated August 8, 1988
between the City of Pueblo, a Municipal Corporation and the Beulah
Valley Volunteer Fire Department, Inc., a Colorado Nonprofit
Corporation, a copy of which is attached hereto as Exhibit "A ", is
hereby approved.
gPrTTOM 9-
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.
ATTEST:
City Clerk
INTRODUCED: August 8 , 1988
By MICHAEL OCCHIATO
Councilman
APPROVED:
President of the City Council
EQUIPMENT SALE AGREEMENT
THIS AGREEMENT is entered this 8th day of Auc�ajst
1988, by and between the City of Pueblo, a municipal corporation
( "City ") and Beulah Valley Volunteer Fire Department, Inc., a
Colorado Nonprofit Corporation ( "Department ").
In consideration of receipt of One Dollar ($1.00) paid by
Department to City and the mutual covenants and conditions
contained in this Agreement, the parties agree as follows:
1. City hereby sells to Department, and Department hereby
purchases from City, a used 1962 Chevrolet fire truck, Serial No.
2C853F125805 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. Department 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. Department shall use the fire truck in a careful and
proper manner, in compliance with all applicable laws and regula-
tions, and shall, at its sole expense and cost, repair and main-
tain the fire truck in good repair, condition and working order.
Department shall not do or permit to be done anything whereby any
part of the fire truck shall be physically damaged or destroyed,
or City's interest in the fire truck impaired. In the event of
any reconveyance of the fire truck to City, or return of same to
the City based upon City's need, as set forth in paragraph 6 of
this Agreement, Department shall return the fire truck in good
condition, normal wear and tear excepted. The fire truck shall
not be removed or relocated from within Pueblo County, Colorado
except with the prior written consent of the City.
5. Department shall, within 30 days of execution of this
Agreement, and annually thereafter, deliver to the City evidence
that said fire truck is insured through an acceptable insurance
carrier or through self - insurance as to casualty, public liability
and property damage, and such insurance shall meet the require-
ments of all vehicular insurance required to be maintained under
the laws of Colorado, with City named as loss payee. The fore-
going insurance shall be maintained for so long as Department
shall use or possess said fire truck.
6. Department is acquiring said fire truck for firefighting
use or standby use in connection with its governmental function
and not for resale purpose. Department therefore agrees that in
the event Department should no longer have need for the fire truck
or desires 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 and the terms of any proposed sale or
conveyance, and the City shall, during said time, have a first and
prior right to repurchase said fire truck from Department for the
sum of One Dollar ($1.00). Additionally, should the City at any
time have need for said fire truck for City purposes, as deter-
mined in the sole discretion of City's Fire Chief, then upon 90
days written notice to Department, Department shall return said
fire truck to City and reconvey title thereto.
7. To secure the faithful performance of this Agreement,
Department 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 $10,000,
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.
8. This Agreement constitutes the entire agreement of the
parties and supersedes any and all prior discussions, statements
and negotiations.
ATTEST:
CITY OF PUEBLO, A MUNICIPAL
CORPORATION
l B
Cit Jerk President of the City Council
ATTEST: BEULAH VALLEY VOLUNTEER FIRE
DEPARTMENT, INC.
By —
Title: le. Br . Donley, Fire Chief
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