HomeMy Public PortalAbout108-2005 BOW _Police_ & StilesvilAGREEMENT
This Agreement is made and entered into this _lstday of _August_, 2005, referred to
as Contract Number 108-2005, 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 Stilesville, Indiana Marshall's
Office, 8353 N. U.S. Hendricks Street, P.O. Box 59, Stilesville, IN 46180 (hereinafter
"SIMO"
WHEREAS, City maintains a full time police department; and
WHEREAS, In the course of operating its police department, City maintains and
utilizes various vehicles; and
WHEREAS, a certain vehicle is no longer needed by the City for its daily
operations; and
WHEREAS, SIMO is in need of a certain vehicle and wishes to purchase a
certain vehicle 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:
1. City agrees to sell a black and white 1999 Ford Crown Victoria, PC,
Vehicle Identification Number 2FAFP71W8XX216746.
2. In consideration for the transfer of said vehicle, SIMO agrees to pay the
sum of One Dollar ($1.00) to City. Such sum shall be tendered prior to the transfer of the
vehicle.
3. SIMO will be responsible for taking possession of the vehicle at its own
cost and expense. Possession shall be tendered to SIMO 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 vehicle.
5. SIMO hereby acknowledges and agrees that City is not a merchant with
respect to the vehicle being transferred pursuant to this Agreement.
Contract No. 108-2005
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6. SIMO FURTHER WARRANTS THAT IT HAS INSPECTED THE
VEHICLE AND IS TAKING IT IN AN "AS IS" CONDITION. CITY MAKES NO
EXPRESS WARRANTY RELATING TO THE VEHICLE AND EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTIES, 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
VEHICLE IS EXPRESSLY SUPERSEDED BY THIS AGREEMENT, IS
WITHOUT FORCE AND EFFECT, AND SIMO EXPRESSLY
ACKNOWLEDGES THAT IT IS NOT RELYING UPON SUCH
COMMUNICATION WHEN MAKING THE DECISION TO PURCHASE SAID
VEHICLE. FURTHER, ANY STATEMENT RELATING TO THE QUALITY OR
CHARACTERISTICS OF THE VEHICLE, NOT CONTAINED IN A WRITTEN
DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND EFFECT AND
MAY NOT BE RELIED UPON BY SIMO AT ANY TIME. SIMO 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 SIMO,
RELATING TO THE USE OF THE VEHICLE, FOLLOWING ITS DATE OF
TENDER TO SIMO.
7. SIMO further agrees to indemnify and hold City harmless from any claim,
cost, damage or liability relating to the vehicle, including its condition or use, following
the date of delivery of the vehicle to SIMO.
8. This document contains the entire Agreement between the parties relating
to the transfer of the vehicle and the compensation to be paid for such vehicle. 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.
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.
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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"
11SIM011
THE CITY OF RICHMOND, Stilesville, Indiana Marshall's Office
INDIANA, by and through its Board of
Public Works and Safety
By:_S/S John Kenny
John Kenny, Chairman
Date:_July 28, 2005
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date:_July 29, 2005
IRE
Title:
Date: —August 1, 2005
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