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HomeMy WebLinkAbout6527RESOLUTION NO. 6527 A RESOLUTION APPROVING AN EQUIPMENT SALE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO SALVATION ARMY AND AUTHORIZING THE EXECUTION THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Equipment Sale Agreement dated April 9th, 1990 between the City of Pueblo and the Pueblo Salvation Army, a Colorado non - profit corporation, a copy of which is attached hereto as Exhibit "A ", is hereby approved. SECTION 2: 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: INTRODUCED: April 9, 1990 BY DR. GILBERT GARBISO Councilman APPROVED: Ci y Clerk j re nt o the Council EQUIPMENT SALE AGREEMENT THIS AGREEMENT is entered this day of /,� 19 by and between the City of Pueblo, a municipal corporation ( "City ") and the Pueblo Salvation Army, 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 purchases from City, a used 1971 model year Ford Flexible Mini -Bus, Serial No. P50BVK34028 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 Ford Flexible Mini -Bus 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 Ford Flexible Mini -Bus. 4. Company is acquiring said Ford Flexible Mini -Bus for the purpose of providing a mobile feeding program in the event of a disaster 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 Ford Flexible Mini -Bus, 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 Ford Flexible Mini -Bus 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 Ford Flexible Mini -Bus in favor of the City. It is further agreed that any application for a certificate of title to City's security interest as a first lien in the amount of $1,800.00, said lien amount being agreed herein to be the actual value of said Ford Flexible Mini -Bus, 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: n, c C 7 Clerk ATTEST: BY: Pre§440nt of the Council PUEBLO SALVATION ARMY, A COLORADO NON- PROFIT CORPORATION BY: tle: Title: TO: Art Croissant, Purchasing Director FROM: Glenn A. Schoenrock, Ass't. City Manager for Fleet Management SUBJECT: Sale of Surplus - Vehicles DATE: August 31, 1993 The following have been declared surplus by Fleet Maintenance. Please put them out on bid as soon as possible. #225343 - 1971 Flexible Bus - 19 Passenger Ser. #P50BVK34022 - Minimum Bid - $300.00 #280114 - 1971 Flexible Bus - 19 Passenger Vin. #P50BVK34028 - Minimum Bid - $300.00 #400005 - 1972 Chevrolet - 3/4 Ton Pick Up - 350 CID C20 Ser. #CCE242J136332 - Minimum Bid - $200.00 Thank you. Glenn A. Schoenrock, Ass't. City Manager for Fleet Management GAS:rb