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Home My Public Portal About2002 Agreement.tifRESOLUTION NO. 2002-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE AGREEMENT FOR BILL OF SALE FOR SALE OF VILLAGE FIRE TRUCK AND RELATED PERSONAL PROPERTY BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF CLAY CENTER, KANSAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Agreement for Bill of Sale for sale of a Village Fire Truck and related personal property between the Village of Key Biscayne and the City of Clay Center, Kansas (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Agreement Approved. That the Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Agreement on behalf of the Village, as well as the Bill of Sale and Certificate of Title transfer to the Fire Truck upon receipt of payment. Section 2. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 27th day of August , 2002. MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS b _ ORM AND LEGAL SUFFICIENCY: RICHARD Y W_ S, VILLAGE ATTORNEY City of MUNICIPAL FIRE DEPARTMENT JERRY DIEKER, Fire Chief P 0 Box 117, 504 GRANT Chief John Gilbert Village of Key Biscayne Fire Department 85 West Enid Drive Key Biscayne, FL 33149 Chief: Phone [7851 632-5606 Fax [785) 632-5631 CI AY CENTER, KANSAS 67432 12 August, 2002 Enclosed are the signed and notarized contracts. A check in the amount of $10,000 will be issued at our next city council meeting August 20th. I will priority mail the check to you on the following day, August 21st. You should have it in your hands no later than August 23rd I will bring with me a certified check for the remaining $190,000 when I come to pick up the apparatus. I will keep you posted via e-mail as things happen, and when the check is mailed or Fed Ex-ed to your office. It is all finally coming together Thank you very much for your help and cooperation on this purchase t, . c ? JERRY DIEKER Fire Chief AGREEMENT FOR BILL OF SALE For the purchase price of Two -Hundred Thousand Dollars ($200,000) and other good and valuable consideration, the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (the "Seller"), does hereby agree to hereafter grant, bargain, sell, transfer, and deliver to CITY OF CLAY CENTER, a political subdivision of the State of Kansas (the "Buyer"), and Buyer agrees to purchase and accept all of Seller's right, title and interest, in and to that certain personal property located in Miami -Dade County, Florida, and more particularly described as follows: A 1994 Saulsbury Quint with the Vehicle Identification Number 4S7AT9C06RC012157 Florida Certificate of Title No. 65321463, and all accessory property listed in the following table: (collectively the "Personal Property") Quantity Description 1 24' Extension Ladder 1 24' Straight ladder equipped with roof hooks 1 10' Attic ladder 1 15' section of soft Suction hose 1 Combination spray nozzle, 200 gpm min 2 Combination spray nozzle, 95 gpm 1 Playpipe w/shutoff and 1", 1-1/8", 1-1/4" tips 1 Flathead axe 1 Pickhead axe 1 6' Pike pole 1 8' Pike pole 2 Portable hand lights 1 Dry Chemical Extinguisher 80-D.G. 1 2-1/2 gal Water Can 1 Gated swivel intake connection 2 Spanner wrenches; 2-1/2" and stortz 2 Hydrant wrenches 2 Double females 2 Double males 1 Rubber mallet 1 Salvage cover 2 Wheel chocks 4 Ladder belts 2 KI2 Saws with Blades 1 Extrication equipment with hydraulic generator 1 Built in apparatus generator The Personal Property shall not include a portable generator. THE PERSONAL PROPERTY IS TO BE CONVEYED "AS IS," "WHERE IS," AND "WITH ALL FAULTS" AS OF THE DATE OF THE EXECUTION OF THE BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. BUYER IS ACQUIRING THE PERSONAL PROPERTY BASED SOLELY UPON BUYER'S OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THAT PROPERTY AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY SELLER OR SELLER'S AGENTS OR CONTRACTORS. General Terms I. The Buyer shall pay a deposit of Ten Thousand Dollars ($10,000) (the "Deposit") within ten (10) days of the date of the execution of this Agreement by Buyer as a deposit toward the full purchase price. Upon receipt of the Deposit the Seller agrees to hold the Personal Property until the Buyer makes payment in full of the balance of the purchase price and takes possession of the Personal Property, no later than October 1, 2002. II. The Buyer must take possession and accept delivery of the Personal Property at the Village of Key Biscayne Fire Department. Prior to taking possession, the Buyer shall inspect the Personal Property. The Deposit is refundable only prior to Buyer taking possession and solely if the Personal Property is reasonably found at such inspection by Buyer to be damaged, not in good mechanical condition, or is not in substantially the same condition it was in at the time of Buyer's earlier inspection in February, 2002, normal wear and tear excepted. Prior to the inspection, Seller agrees to provide a current pump test and aerial ladder certification from the City of Miami Fire Department, that are current (within last 30 days) as of the date Buyer makes such inspection prior to Buyer taking possession of the Personal Property. III. If the Personal Property passes Buyer's inspection as determined under this Agreement, the deposit becomes non-refundable and the Buyer shall immediately tender to the Village the balance of One -Hundred Ninety Thousand Dollars ($190,000) in U.S. funds via cashier's or certified check or a completed wire transfer of the funds. The purchase price is non- refundable. IV. Upon acceptance of possession of the Personal Property: (1) Buyer shall pay all applicable sales tax, title transfer fees and other charges required by law; (2) Seller shall execute and provide a Bill of Sale, in a form approved by the Village Attorney, and shall execute the Florida Certificate of Title transfer into Buyer's name. V. Time is of the essence in this transaction. 2 IN WIT z/WHE e executed this / ay of illage Clerk Approved as to form a d correctness: By: avid .lpin, Village Attorney STATE OF FLORID SS: COUNTY OF MIAMI-DADE r has caused this Agreement for Bill of Sale to be 2002. VILLAGE OF KEY BISCAYNE, a Flori s nicipal co By: age Manager Pursuant to Resolution No. c> ce6 The foregoing instrument was acknowledged before me this —1-7 day of 'i� , 2002, by ,Jca cc.�.lu. c (Z. 1.1,�,,,,�� z, as Village Manager of the Village of Key Biscayne, a Florida mun cipal corporation, on behalf of said corporation, who (check one) [ ] is personally known to me or [ ] has produced a E,(.' as identification. MAYRA F. GOMEZ MY COMMISSION # DD 002789 '•" EXPIRES Feb 20, 2005 14300.&NOTARY 9. Notary Service & Bonding, Inc 3 IN WITNESS WHEREOF, Buyer has caused this Agreement for Bill of Sale to be executed this / 2 '1--q-day of � ,� , 2002. CITY OF CLAY CENTER, a Kansas municipality Attest: By: App By By. City Clerk e as Michael t _ Byan and correctness: , City Attorney STATE OF (t, i SS COUNTY OF ( ; in. ic 1\: a 1 d n . R.ccNd (MUNICIPAL SEAL) , Mayor The f regoing instrument, was acknowledged before me this day of , 2002, by (,,Acaft. f) t Lf*gx ( , as Mayor of the City of Clay Center, a Kans unicipality on behalf of said municipality, who (check one) [s personally known to me or [ ] has produced a as identification. My Commission Expires: l.C(6.z . Notary Public h -/l tda ._3ffC- I Print Name 4 0,1 ?.Ct_ NOTARY PUBLIC • State of Kansas UNDAD. STRATTON NN APPt. Exp.. ;• y