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HomeMy Public PortalAbout092-2005 City & Losantville Fire DAGREEMENT This Agreement is made and entered into this _23rd_day of _June , 2004, referred to as Contract Number 92-2005, by and between the City of Richmond, a municipal corporation existing under the laws of the State of Indiana, and acting through its Board of Public Works and Safety (hereinafter "City") and the Losantville Volunteer Fire Department (hereinafter "Losantville"). WHEREAS, City maintains a full time fire department; and WHEREAS, In the course of operating its fire department, City maintains and utilizes various MSAs, SCBAs, and Bottles (hereinafter "equipment"); and WHEREAS, certain equipment is no longer needed by the City for its daily operations; and WHEREAS, Losantville maintains a volunteer fire department and wishes to purchase certain equipment that is no longer needed by City. NOW, THEREFORE, in consideration of the following, including the above stated recitals, the parties hereby agree as follows: City agrees to sell: Bottle numbers 62684 30531 62661 62805 62846 30529 30544 55240 2. In consideration for the transfer of said equipment, Losantville agrees to pay the sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of the equipment. 3. Losantville will be responsible for taking possession of the equipment at its own cost and expense. Possession shall be tendered to Losantville at a place designated by City, provided that such place must be within the corporate limits of Richmond, Indiana. 4. City agrees to fully and completely execute all necessary documents to effectuate the transfer of the equipment. Contract No. 92-2005 Pagel of 3 5. Losantville hereby acknowledges and agrees that City is not a merchant with respect to the goods being transferred pursuant to this Agreement. 6. LOSANTVILLE FURTHER WARRANTS THAT IT HAS INSPECTED THE EQUIPMENT AND IS TAKING IT IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS WARRANTY RELATING TO THE EQUIPMENT AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTYS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ANY STATEMENT OR COMMUNICATION MADE BY CITY OR ITS AGENTS, RELATING TO THE QUALITY OR ANY CHARACTERISTIC OF THE EQUIPMENT IS EXPRESSLY SUPERCEDED BY THIS AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND LOSANTVILLE EXPRESSLY ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE SAID EQUIPMENT. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF THE EQUIPMENT, NOT CONTAINED IN A WRITTEN DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND EFFECT AND MAY NOT BE RELIED UPON BY LOSANTVILLE AT ANY TIME. LOSANTVILLE FURTHER AGREES THAT IN NO EVENT SHALL CITY BE LIABLE FOR ANY CLAIM, COST, DAMAGE OR LIABILITY, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES CLAIMED BY LOSANTVILLE, RELATING TO THE USE OF THE EQUIPMENT, FOLLOWING ITS DATE OF TENDER TO LOSANTVILLE. 7. Losantville further agrees to indemnify and hold City harmless from any claim, cost, damage or liability relating to the equipment, including its condition or use, following the date of delivery of the equipment to Losantville. 8. This document contains the entire Agreement between the parties relating to the transfer of the equipment and the compensation to be paid for such equipment. Any previous agreement, statement, or communication by and between the parties or their respective agents is expressly superceded by the terms and conditions contained in this document. 9. This Agreement may only be modified by a subsequent, written instrument setting forth the changes and which is executed by both parties to this Agreement. 10. This Agreement shall be governed by the laws of the State of Indiana and any lawsuit arising out of this Agreement must be filed and thereafter maintained in the Wayne County, Indiana Circuit or Superior Courts. Page 2 of 3 11. Any person executing this Agreement in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Agreement. All of which is approved and agreed to by the parties, and or their respective governing boards, signature below indicating such approval and acceptance of the terms and conditions contained in this Agreement and the effectuation of such transfer of personal property. "CITY" THE CITY OF RICHMOND, INDIANA, by and through its Board of Public Works and Safety By:_S/S John Kenny John Kenny, Chairman Date: June 23, 20-05 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: June 24, 2005 "LOSANTVILLE" LOSANTVILLE VOLUNTEER FIRE DEPARTMENT By:_S/S Greg Moore Title: President Date: June 27, 2005 Page 3 of 3