HomeMy Public PortalAbout112-2008 - Mobile smoke house trailer donationAGREEMENT
This Agreement is made and entered into this _2nd _day of _October_, 2008, referred to
as Contract Number 112-2008, 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 Wayne County Firefighters, Inc. on
behalf of all volunteer fire departments in Wayne County, Indiana.
WHEREAS, City maintains a full time fire department; and
WHEREAS, In the course of operating its fire department, City maintains and utilizes a
1995 ASM 2 AXL Mobile Trailer "Smoke House" (MVIN #164808IND) for training and
educational purposes (hereinafter "Mobile Smoke House"); and
WHEREAS, The Mobile Smoke House is no longer needed by the City for its daily
operations and is considered surplus property that may be sold pursuant to Indiana Code
5-22-22-12; and
WHEREAS, Wayne County Firefighters, Inc. is an association of all Wayne County
fire departments; and
WHEREAS, Wayne County Firefighters, Inc. wishes to purchase the surplus Mobile
Smoke House that is no longer needed by City so that all fire departments within Wayne
County may utilize the Mobile Smoke House.
NOW, THEREFORE, in consideration of the following, including the above stated
recitals, the parties hereby agree as follows:
1. City agrees to sell the 1995 ASM 2 AXL Mobile Trailer Smoke House
(MVIN #164808IND) to Wayne County Firefighters, Inc., on behalf of all volunteer fire
departments within Wayne County, Indiana.
2. In consideration for the transfer of said Mobile Smoke House, Wayne
County Firefighters, Inc. agrees to pay the sum of One Dollar ($1.00) to City. Such sum
shall be tendered prior to the transfer of the Mobile Smoke House.
3. Wayne County Firefighters, Inc. will be responsible for taking possession
of the Mobile Smoke House at its own cost and expense. Possession shall be tendered to
Wayne County Firefighters, Inc. 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 Mobile Smoke House.
Contract No. 112-2008
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5. Wayne County Firefighters, Inc. hereby acknowledges and agrees that
City is not a merchant with respect to the goods being transferred pursuant to this
Agreement.
6. WAYNE COUNTY FIREFIGHTERS, INC. FURTHER
WARRANTS THAT IT HAS INSPECTED THE MOBILE SMOKE HOUSE AND
IS TAKING IT IN AN "AS IS" CONDITION. CITY MAKES NO EXPRESS
WARRANTY RELATING TO THE MOBILE SMOKE HOUSE 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
MOBILE SMOKE HOUSE IS EXPRESSLY SUPERCEDED BY THIS
AGREEMENT, IS WITHOUT FORCE AND EFFECT, AND WAYNE COUNTY
FIREFIGHTERS, INC. EXPRESSLY ACKNOWLEDGES THAT IT IS NOT
RELYING UPON SUCH COMMUNICATION WHEN MAKING THE DECISION
TO PURCHASE SAID MOBILE SMOKE HOUSE. FURTHER, ANY
STATEMENT RELATING TO THE QUALITY OR CHARACTERISTICS OF
THE MOBILE SMOKE HOUSE, NOT CONTAINED IN A WRITTEN
DOCUMENT SIGNED BY CITY, IS WITHOUT FORCE AND EFFECT AND
MAY NOT BE RELIED UPON BY WAYNE COUNTY FIREFIGHTERS, INC. AT
ANY TIME. WAYNE COUNTY FIREFIGHTERS, INC. 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 WAYNE
COUNTY FIREFIGHTERS, INC., RELATING TO THE USE OF THE MOBILE
SMOKE HOUSE, FOLLOWING ITS DATE OF TENDER TO WAYNE COUNTY
FIREFIGHTERS, INC..
7. Wayne County Firefighters, Inc. further agrees to indemnify and hold City
harmless from any claim, cost, damage or liability relating to the Mobile Smoke House,
including its condition or use, following the date of delivery of the Mobile Smoke House
to Wayne County Firefighters, Inc.
8. This document contains the entire Agreement between the parties relating
to the transfer of the Mobile Smoke House and the compensation to be paid for such
Mobile Smoke House. 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.
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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.
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 Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Mary Jo Flood
Mary Jo Flood, Member
Date: October 2, 2008
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: October 5. 2008
"WAYNE COUNTY
FIREFIGHTERS, INC."
4618 Pottershop Road
Centerville, Indiana 47330
Wayne County, Indiana
By:_S/S Robert D. Conyer
Title: President
Date: October 15. 2008
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