Loading...
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 IWM