HomeMy Public PortalAbout1995.12.28 McCall Rural Fire District Consolidation AgreementAGREEMENT FOR CONSOLIDATION OF THE
FIRE PROTECTION SERVICES OF THE CITY OF McCALL
AND THE McCALL RURAL FIRE PROTECTION DISTRICT
THIS AGREEMENT is made and entered into this clay of
, 1995, by and between THE CITY OF McCALL, a
municipal corporation, in the County of Valley, State of Idaho,
hereinafter referred to as "City"; and The McCall Rural Fire
Protection District, a fire protection district organized under
the laws of the State of Idaho, specifically the provisions of
Title 31, Chapter 14, et seq., hereinafter referred to as
"Rural".
WITNESSETH:
WHEREAS; The City of McCall presently provides fire
protection services for the geographic area incorporated as the
City of McCall (a copy of said boundaries for which fire
protection services are provided by the City of McCall, is
attached to this agreement as Exhibit "A" and incorporated
herein by this reference); and,
WHEREAS, The McCall Rural Fire Protection District presently
provides fire protection for certain unincorporated and outlying
area of McCall and other portions of Valley County, State of
Idaho, (a copy of said boundaries subject to fire protection
services by McCall Rural Fire Protection District being attached
hereto as Exhibit "B" and incorporated herein by this
reference); and
WHEREAS, it is deemed in the best interest of the "City",
the "Rural", and the recipients of the fire protection and
suppression services delivered by each that a consolidation of
the fire protection facilities, personnel and services be
accomplished to provide improved fire prevention and suppression
services to the public which is presently served by Lhe "Ci_Ly" or
the "Rural", and,
WHEREAS, the "City" and the "Rural" believe that such a
consolidation of facilities and personnel will improve fire
prevention and suppression services, eliminate duplication of
services and costs, and will result in long term cost savings and
effectiveness; and
WHEREAS, applicable provisions of the Idaho Code,
specifically Title 31, Chapter 14, section 31-1429, provides for
the inclusion of any area embraced within the limits of any city
into an existing fire protection districts, and,
WHEREAS, the City Council of the City of McCall and the
McCall Rural Fire Protection District by and through their duly
electeI Council members and Commissioners have agreed that such
consolidation pursuant to the provisions of Title 3], chapter 14,
would be to the advantage of the "City", the "Rural", and Lo Lhe
• public served by each.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS
"
A N D M U T U A L A G R E E M E N T S H E R E I N C O N T A I N E D ,
I T I S H E R E B Y A G R E E D B Y A N D B E T W E E N T H E P A R T I E S H E R E T O A S
F O L L O W S :
S E C T I O N I
U p o n t h e e f f e c t i v e d a t e o f c o n s o l i d a t i o n , a s s p e c i f i e d
h e r e i n , a n d s u b j e c t t o f u l f i l l m e n t o f a l l t h e p r o c e d u r e s s e t
f o r t h a n d o u t l i n e d i n T i t l e 3 1 , C h a p t e r - 1 4 , o f t h e I d a h o C o d e ,
t h e e x i s t i n g f i r e p r o t e c t i o n s e r v i c e s o f t h e C i t y o f M c C a l l s h a l l
b e c o n s o l i d a t e d w i t h M c C a l l R u r a l F i r e P r o t e c t i o n D i s t r i c t , s u c h
d i s t r i c t t h e a f f a i r s o f w h i c h s h a l l t h e r e a f t e r b e k n o w n a s t h e
M c C a l l F i r e P r o t e c t i o n D i s t r i c t , t o b e c o n d u c t e d i n a c c o r d a n c e
w i t h t h e p r o v i s i o n s o f T i t l e 3 1 , C h a p t e r 1 4 o f t h e I d a h o C o d e .
U p o n t h e e f f e c t i v e d a t e o f s a i d c o n s o l i d a t i o n , a n d s u b j e c t
t o f u l f i l l m e n t o f a l l t h e p r o c e d u r a l r e q u i r e m e n t s o f T i t l e 3 1 ,
C h a p t e r 1 4 o f t h e I d a h o C o d e f o r s a i d c o n s o l i d a t i o n , t h e M c C a l l
F i r e P r o t e c t i o n D i s t r i c t s h a l l a s s u m e r e s p o n s i b i l i t y f o r f i r e
p r e v e n t i o n a n d s u p p r e s s i o n s e r v i c e s t o t h e p u b l i c w h i c h
p r e s e n t l y p r o v i d e d b y t h e C i t y o f M c C a l l a n d t h e M c C a l l R u r a l
F i r e P r o t e c t i o n D i s t r i c t , s a i d s e r v i c e a r e a t o i n c l u d e t h e
b o u n d a r i e s s e t f o r t h o n E x h i b i t " A " a n d " B " , w h i c h h a v e b e e n
c o n s o l i d a t e d a s E x h i b i t C .
S E C T I O N I I
T h e e f f e c t i v e d a t e o f t h e c o n s o l i d a t i o n o f t h e " C i t y " a n d
t h e " R u r a l " s h a l l b e t h e 3 1 s t d a y o f D e c e m b e r , 1 9 9 5 , s u b j e c t t o
f u l f i l l m e n t o f t h e p r o c e d u r e s a n d r e q u i r e m e n t s f o r c o n s o l i d a t i o n
"
a s r e q u i r e d b y I d a h o L a w .
S E C T I O N I I I
I L i s h e r e b y a g r e e d t h a t o n t h e 3 1 s t d a y o f D e c e m b e r , 1 9 9 5 ,
t h e C i t y o f M c C a l l s h a l l c o n v e y t o t h e M c C a l l F i r e P r o t e c t i o n
D i s t r i c t , b y s u c h l e g a l d o c u m e n t s , c e r t i f i c a t e s o f t i t l e , d e e d o r
o t h e r i n s t r u m e n t s a s m a y b e r e q u i r e d b y l a w , a l l f i r e p r e v e n t i o n
a n d s u p p r e s s i o n e q u i p m e n t p r e s e n t l y o w n e d a n d / o r s h a r e d a n d
u t i l i z e d b y t h e C i t y o f M c C a l l . A g e n e r a l d e s c r i p t i o n o f t h e
p e r s o n a l p r o p e r t y , i n c l u d i n g v e h i c l e s , c o m m u n i c a t i o n e q u i p m e n t ,
f i r e s u p p r e s s i o n e q u i p m e n t a n d o f f i c e f u r n i s h i n g s , i s a t t a c h e d
h e r e t o a s E x h i b i t " D " a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e a s
t h o u g h f u l l y m a d e a p a r t t h e r e o f .
U p o n t r a n s f e r o f t h e i t e m s o f p e r s o n a l p r o p e r t y s e t f o r t h o n
E x h i b i t " D " , o w n e r s h i p o f s a i d p r o p e r t y s h a l l b e v e s t e d i n L h e
M c C a l l F i r e P r o t e c t i o n D i s t r i c t , w h i c h s h a l l t h e r e a f t e r a s s u m e
a l l r e s p o n s i b i l i t y o f o w n e r s h i p a n d m a i n t e n a n c e o f s a i d p r o p e r t y .
S E C T I O N I V
I t i s h e r e b y a g r e e d t h a t o n t h e 3 1 s t d a y o f D e c e m b e r , 1 9 9 5 ,
M c C a l l R u r a l F i r e P r o t e c t i o n D i s t r i c t s h a l l c o v e y t o t h e M c C a l l
F i r e P r o t e c t i o n D i s t r i c t b y s u c h l e g a l d o c u m e n t s , c e r t i f i c a t e s o f
t i t l e , d e e d o r o t h e r i n s t r u m e n t s a s m a y b e r e q u i r e d b y l a w , a l l
f i r e p r e v e n t i o n a n d s u p p r e s s i o n e q u i p m e n t p r e s e n t l y o w n e d a n d / o r
s h a r e d a n d u t i l i z e d b y t h e M c C a l l R u r a l F i r e P r o t e c t i o n D i s t r i c t .
A g e n e r a l d e s c r i p t i o n o f t h e p e r s o n a l p r o p e r t y , i n c l u d i n g
v e h i c l e s , c o m m u n i c a t i o n e q u i p m e n t , f i r e s u p p r e s s i o n e q u i p m e n t a n d
" "
o f f i c e f u r n i s h i n g s i s a t t a c h e d h e r e t o a s E x h i b i t " E " , a n d
i n c o r p o r a t e d h e r e i n b y r e f e r e n c e a s t h o u g h f u l l y m a d e a p a r t
t h e r e o f .
U p o n t r a n s f e r o f t h e i t e m s o f p r o p e r t y s e t f o r _ L h o n E x h i b i t .
" E " , o w n e r s h i p o f s a i d p r o p e r t y s h a l l b e v e s t e d i n t h e M c C a l l
F i r e P r o t e c t i o n D i s t r i c t w h i c h s h a l l t h e r e a f t e r a s s u m e a l l
r e s p o n s i b i l i t y o f o w n e r s h i p a n d m a i n t e n a n c e o f s a i d e q u i p m e n t .
I n a d d i t i o n t o s a i d i t e m s o f p e r s o n a l p r o p e r t y s p e c i f i c a l l y
s e t f o r t h a n d e n u m e r a t e d o n E x h i b i t " E " t h e M c C a l l R u r a l F i r e
P r o t e c t i o n D i s t r i c t S h a l l , u p o n t h i s e f f e c t i v e d a t e o f s a i d
c o n s o l i d a t i o n , t r a n s f e r t o t h e a c c o u n t s a n d r e c o r d s o f t h e
M c C a l l F i r e P r o t e c t i o n D i s t r i c t , a l l o f i t s c a s h a n d o t h e r ] i _ q u i _ d
a s s e t s i n c l u d i n g a n y a n d a l l c e r t i f i c a t e s o f d e p o s i t o r o t h e r
f u n d s i n v e s t e d i n t h e n a m e o f t h e M c C a l l R u r a l F i r e P r o t e c t i o n
D i s t r i c t .
S E C T I O N V
U p o n t h e e f f e c t i v e d a t e o f t h i s c o n s o l i d a t i o n , L h e M c C a l l
F i r e P r o t e c t i o n D i s t r i c t s h a l l a s s u m e a n d a g r e e t o f u l l y p a y i _ h a t
c e r t a i n o b l i g a t i o n t h a t t h e C i t y , u n d e r t h a t c e r t a i n L e a s e -
P u r c h a s e A g r e e m e n t e n t e r e d i n t o b e t w e e n W e s t O n e L e a s i n g a n d t h e
C i t y o f M c C a l l . S u c h A g r e e m e n t i s d a t e d D e c e m b e r 1 5 , 1 9 9 4 . 1 \
c o p y o f s u c h A g r e e m e n t i s a t t a c h e d h e r e t o a s E x h i b i t " F " a n d
i n c o r p o r a t e d h e r e i n b y t h i s r e f e r e n c e .
S E C T I O N V I
U p o n t h e e f f e c t i v e d a t e o f t h i s c o n s o l i d a t i o n , t h e C i t y
" "
s h a l l b e d e e m e d t o c o n s e n t t o t h e a s s u m p t i o n b y t h e M c C a l l F i r e
P r o t e c t i o n D i s t r i c t o f a l l o f t h e r i g h t s , d u t i e s a n d o b l i g a t i o n s
o f t h e R u r a l i n a n d t o t h a t c e r t a i n L e a s e A g r e e m e n t d a t e d J u l y ,
1 9 8 4 b y a n d b e t w e e n t h e C i t y a n d t h e M c C a l l R u r a l L i r e P r o t e c t i o n
A s s o c i a t i o n , w h i c h s u c h l e a s e w a s a s s i g n e d b y t h e M c C a l l R u r a l
F i r e P r o t e c t i o n A s s o c i a t i o n t o t h e R u r a l , o n o r a b o u t O c t o b e r . 2 7 ,
1 9 8 9 . A c o p y o f s u c h L e a s e A g r e e m e n t i s a t t a c h e d h e r e t o a s
E x h i b i t " G " a n d i n c o r p o r a t e d h e r e i n b y t h i s r e f e r e n c e .
F u r t h e r , s u c h L e a s e s h a l l b e m o d i f i e d e f f e c t i v e t h e d a t e o f
t h i s c o n s o l i d a t i o n , b y d e l e t i o n t h e r e f r o m o f t h e l a s t s e n t e n c e o f
A r t i c l e V , w h i c h A r t i c l e r e q u i r e s t h e p a y m e n t t o t h e C i t y o f a
s u m o f m o n e y e q u a l t o t w e n t y p e r c e n t ( 2 0 % ) o f t h e C i t y F i r e
C h i e f ' s a n n u a l s a l a r y .
S E C T I O N V I I
C o m m e n c i n g J a n u a r y 1 , 1 9 9 6 , a n d c o n t i n u i n g t h e r e a f t e r u n t i l
r e c e i p t b y t h e R u r a l o f i t s f i r s t r e v e n u e s g e n e r a t e d b y a d
v a l o r e m t a x e s l e v i e d f o r f i s c a l y e a r 1 9 9 6 , t h e C i t y s h a l l
c o n t i n u e t o p a y n o r m a l o p e r a t i n g e x p e n s e s , a s p r e s e n t l y b u d g e t e d
w i t h r e s p e c t t o f i r e p r e v e n t i o n a n d s u p p r e s s i o n e f f o r t s w i t h i n
t h e M c C a l l C i t y l i m i t s . T h e C i t y s h a l l c o n t i n u e t o b u d g e t a n d
c e r t i f y f o r t a x l e v y p u r p o s e s , s u c h s u m s a s a r e n e c e s s a r y t o
p r o d u c e s u f f i c i e n t r e v e n u e t o m e e t i t s o b l i g a t i o n s u n d e r t h i s
S e c t i o n V I I .
S E C T I O N V I I I
U p o n t h e e f f e c t i v e d a t e o f t h e c o n s o l i d a t i o n , t h e C i t y s h a l l .
" "
I n t h e e v e n t , f o r a n y r e a s o n , t h e M c C a l l F i r e P r o t e c t i o n
D i s t r i c t i s u n a b l e t o l e v y t a x e s t o t h e e x t e n t e n v i s i o n e d i n
I d a h o C o d e S e c t i o n 6 3 - 2 2 2 0 A , w i t h s p e c i f i c r e l i a n c e u p o n t h e
a b i l i t y t o l e v y u p o n " a n n e x e d " p r o p e r t y , t h a t i n s u c h e v e n t , t h e
p a r t i e s h e r e t o w o u l d n o t h a v e a g r e e d t o s u c h c o n s o l i d a t i o n , n o r
w o u l d s u c h c o n s o l i d a t i o n b e i n t h e b e s t i n t e r e s t o f t h e r e s i d e n t s
a n d t a x p a y e r s o f e a c h o f t h e c o n c e r n e d e n t i t i e s . I n s u c h e v e n t ,
t h i s A g r e e m e n t s h a l l b e d e e m e d n o t t o e x i s t a n d b e d e c l a r e d n u 1 f .
a n d v o i d a b i n i t i o a n d t h e p a r t i e s s h a l l c o o p e r a t e " i n r e s c i n d i n g
a n y p r o p e r t y . t r a n s f e r a n d d e b t a s s u m p t i o n w h i c h h a v e a l r e a d y
o c c u r r e d .
S E C T I O N X
U p o n e x e c u t i o n o f t h e A g r e e m e n t , t h e C i t y a n d R u r a l s h a l l
e a c h t a k e s u c h s t e p s a s a r e n e c e s s a r y t o i m p l e m e n t t h i s
A g r e e m e n t .
r e s o l u t i o n
w i t h i n t h e
S p e c i f i c a l l y , t h e C i t y s h a l l , b y d u t y e n a c t a
o r o r d i n a n c e , c o n s e n t t o t h e i n c l u s i o n
o f a l l p r o p e r t y
c i t y l i m i t s o f M c C a l l , I d a h o , w i t h i n t h e b o u n d a r i e s o f
t h e M c C a l l F i r e P r o t e c t i o n D i s t r i c t . T h e C i t y s h a l l c o n s e n t t o
t h e o p e r a t i o n w i t h i n i t s b o u n d a r i e s o f f i r e p r o t e c t i v e
s u p p r e s s i o n a c t i v i t i e s b y t h e M c C a l l F i r e P r o t e c t i o n D i s t r i c t .
F u r t h e r , t h e g o v e r n i n g b o d y o f t h e R u r a l s h a l l , p u r s u a n t o f
I d a h o C o d e S e c t i o n 6 3 - 2 2 1 1 , t a k e s u c h s t e p s a s a r e n e c e s s a r y t o
c h a n g e t h e n a m e o f t h e d i s t r i c t t o M c C a l l F i r e P r o t e c t i o n
D i s t r i c t .
I N W I T N E S S W H E R E O F , t h e p a r t i e s h e r e t o h a v e e x e c u t e d t h i s
"
a p p o i n t t h e F i r e C h i e f o f t h e M c C a l l F i r e P r o t e c t i o n D i s t r i c t a s
t h e C i t y ' s F i r e C h i e f . S u c h F i r e C h i e f s h a l l b e a n a g e n t o f t h e
C i t y f o r p u r p o s e s o f e n f o r c e m e n t a n d s u p e r v i s i o n o f a l l C i t y F i r e
C o d e s . T h e s a l a r y a n d b e n e f i t s t o b e p a i d b y t h e C i t y t o t h e
F i r e C h i e f s h a l l b e a s n e g o t i a t e d f r o m t i m e t o t i m e u n t i l r e c e i p t
b y t h e D i s t r i c t o f i t s f i r s t r e v e n u e s g e n e r a t e d b y a d v a l o r e m
t a x e s l e v i e d f o r f i s c a l y e a r 1 9 9 6 .
S E C T I O N I X
M a t e r i a l f a c t s u p o n w h i c h b o t h t h e C i t y a n d t h e R u r a l h a v e
r e l i e d u p o n i n e n t e r i n g i n t o t h i s A g r e e m e n t f o r C o n s o l i d a t i o n a r e
a s f o l l o w s :
1 . T h a t t h e S t a t e o f I d a h o T a x C o m m i s s i o n w i l l c o n s i d e r
t h e C i t y o f M c C a l l a " F i r e P r o t e c t i o n D i s t r i c t " f o r t h e p u r p o s e s
o f c o n s o l i d a t i o n a n d t h e l e v y o f a d v a l o r e m t a x e s , a s s e t f o r t h
i n T i t l e 3 1 , C h a p t e r 1 4 , I d a h o C o d e .
2 . T h a t t h e c o n s o l i d a t e d M c C a l l F i r e P r o t e c t i o n D i s t r i c t
s h a l l b e p e r m i t t e d t o l e v y a n a m o u n t f o r a d v a l o r e m p r o p e r t y L a x
p u r p o s e s u p o n t h e m a r k e t v a l u e f o r a s s e s s m e n t p u r p o s e s o f a l l
i m p r o v e m e n t s o n r e a l p r o p e r t y l y i n g w i t h i n t h e C i t y o f M c C a l l , i n
a d d i t i o n t o t h e i m p r o v e m e n t s o n r e a l p r o p e r t y l y i n g w i t h i n t h e
R u r a l . S p e c i f i c a l l y , t h e C i t y a n d t h e R u r a l a r e r e l y i n g u p o n t h e
l e v y a n d t a x p r o v i s i o n s o f I d a h o C o d e S e c t i o n 6 3 - 2 2 2 0 A a n d t h e
a s s u m p t i o n t h a t t h e S t a t e T a x C o m m i s s i o n s h a l l v i e w t h e a d d i t i o n
o f p r o p e r t y w i t h i n t h e l i m i t s o f t h e C i t y o f M c C a l l a s a n
a n n e x a t i o n .
Agreement, as of the date hereinabove first written.
by
CLO_FAMC/Cirl
MAYOR
CITY CLERK
MC CALL RURAL LIRE
PROTECTIVE DISTRICT
i,
by l'.(a7/7 C
CHAIRMAN
COMM I S SI ONE. R
COMMISSIONER
"
R E S O L U T I O N N O . 2 9 - 9 5
A R E S O L U T I O N O F T H E M A Y O R A N D C O U N C I L O F T 1 1 E C I T Y O F M C C A L L ,
I D A H O C O N S E N T I N G T O T H E A N N E X A T I O N A N D I N C L U S I O N O F T H E C I T Y
O F ' M C C A L L I N T O ' H I E M C C A L L F I R E P R O T E C T I O N D I S T R I C T
W H E I t E A S :
A p u b l i c h e a r i n g w a s h e l d o n D e c e m b e r 7 , 1 9 9 5 t o h e a r p u b l i c c o m m e n t o n t h e "
p r o p o s e d a n n e x a t i o n a n d i n c l u s i o n o f t h e C i t y o f M c C a l l i n t o t h e M c C a l l F i r e P r o t e c t i o n
A u e r h e a r i n g p u b l i c c o m m e n t a n d f o l l o w i n g d e l i b e r a t i o n a n d d e b a t e , t h e C i t y
C o u n c i l o f M c C a l l , I d a h o f i n d t h a t t h e b e s t i n t e r e s t o f t h e p u b l i c w i l l b e s e r v e d b y
c o n s o l i d a t i n g t h e M c C a l l F i r e D e p a r t m e n t a n d t h e M c C a l l R u r a l F i r e P r o t e c t i o n D i s t r i c t
i n t o a M c C a l l l i r e P r o t e c t i o n D i s t r i c t a n d c o n s e n t i n g t o t h e a n n e x a t i o n a n d i n c l u s i o n o f
t h e C i t y o f M c C a l l i n s a i d D i s t r i c t .
N O W , T H E R E F O R E , b e i t r e s o l v e d b y t h e M a y o r a n d C i t y C o u n c i l o f M c C a l l , I d a h o a s
f o l l o w s :
S e c t i o n L T h a t t h e M a y o r a n d C o u n c i l o f M c C a l l , I d a h o c o n s e n t t o t h e
a n n e x a t i o n o f t h e C i t y o f M c C a l l i n t o t h e M c C a l l F i r e P r o t e c t i o n D i s t r i c t
S e c t i o n 2 . T h a t t h e C i t y C l e r k . b e , a n d t h e s a m e i s h e r e b y o r d e r e d t o p r o v i d e
c e r t i f i e d c o p i e s o f t h i s r e s o l u t i o n t o t h e V a l l e y C o u n t y R e c o r d e r , A s s e s s o r , a n d t a y ;
' H e c t o r a n d t o t h e I d a h o S t a t e " T a x C o m m i s s i o n f o r s u b s e q u e n t t a x l e v y a n d c e r t i f i c a t i o n
p . r p o s e s .
S e c t i o n 3 . T h i s r e s o l u t i o n i s i n f u l l f o r c e a n d e f f e c t f r o m a n d a R e r i t s p a s s a g e
t l s 2 1 s t d a y o f D e c e m b e r 1 9 9 5 , p r o v i d e d t h a t a l i k e r e s o l u t i o n h a s b e e n a d o p t e d b y t h e
g o v e r n i n g b o d y o f t h e M c C a l l F i r e P r o t e c t i o n D i s t r i c t .
A . I ' T E S T :
C i t y C l e r k
M a y o r
41, RESOLUTION NO. 1-95
A resolution to annex the City of McCall into the McCall Fire
Protection District.
WHEREAS, the Commissioners have found it to be in the best
interest of the City of McCall, the McCall Fire Protection
District, and the recipients of fire prevention and suppression
service provided by each, that a consolidation of fire protection
facilities, personnel and services be accomplished.
WHEREAS, provisions of the Idaho Code, specifically Title
31, Chapter 14, Section 31-1429, provides for the inclusion of
any area embraced within the limits of any city into an existing
Fire Protection District.
BE IT RESOLVED BY THE DULY ELECTED COMMISSIONERS OF THE
McCALL RURAL FIRE PROTECTION DISTRICT AS FOLLOWS;
Section 1. That in accordance with the public comment
received at the public hearing, December 7, 1995, it is hereby
resolved by the governing body of the Fire Protection District to
annex the City of. McCall into the Fire Protection District.
Section 2. Certified copies of this resolution shall be
forwarded to the City Council and Mayor of the City of McCall and
to the Valley County Recorder, Assessor, and tax collector and to
the Idaho State Tax Commission for subsequent tax levy and
certification purposes.
Section 3. This resolution is in full force and effect
from and after its passage this 13th day of December 1995,
provided a like resolution has been adopted by the governing body
of the City of McCall approving such annexation and inclusion.
McCall Rural Fire District
by
by 4.- -i-___)
Marvin Heikkila, Vice President
by t-L) ( Y2/ f �)(_.
Donald Clark,
Atte
Dale E. Points, Chief
EXHIBIT A
VALLEY COUNTY
R.B.
1
2
aft
SCALE
• ONE MILE
MARCH, 1988
i 19h
gXHIBIT "B"
The boundary of said district is set forth in full herein and is
more particularly described as follows, to -wit:
T. 17 N., R. 2 E., : All of Sections 1, 2 and that portion
of Section 3 within Valley County, Idaho.
T. 17 N., R. 3 E., : All of Sections 1, 2, 3, 4, 5, 6 and
the north half of Section 12.
T. 18 N., R. 2 E., : All of Sections 24, 25, 26, 35 and 36,
and those portions of Sections 1, 12, 13, 14, 22, 23, 27 and
34 within Valley County, Idaho.
T. 18 N., R. 3 E., : All of T. 18 N., R. 3 E., B. M., Valley
County, Idaho.
T. 18 N., R. 4 E., : All of. Section 6, 7, 18, 19, 30 and 31.
T. 19 N., R. 2 E., : That portion of Section 36 with Valley
County, Idaho.
T. 19 N., R. 3 E., : All of Sections 14, 15, 16, 21, 22, 23,
26, 27, 28, 33, 24 and 35, and that portion of the south
half of Section 20 within Valley County, Idaho, and those
portions of Sections 29, 31, and 32 within Valley County,
Idaho.
Excluding therefrom the Corporate City Limits of the City of
McCall, Idaho, and all the Payette Lake and the Little
Payette Lake lying below the high water marks.
EXHIBIT "C"
The boundary of said district is set forth hereto as Exhibit C
and is made a part hereof as if set forth in full herein and is
more particularly described as follows, to -wit:
T. 17 N., R. 2 E., : All of Sections 1, 2 and that portion
of Section 3 within Valley County, Idaho.
T. 17 N., R. 3 E., : All of Sections 1, 2, 3, 4, 5, 6 and
the north half of Section 12.
T. 18 N., R. 2 E., : All of Sections 24, 25, 26, 35 and 36,
and those portions of Sections 1, 12, 13, 14, 22, 23, 27 and
34 within Valley County, Idaho.
T. 18 N., R. 3 E., : All of T. 18 N., R. 3 E., B. M., Valley
County, Idaho.
T. 18 N., R. 4 E., : All of Section 6, 7, 18, 19, 30 and 31.
T. 19 N., R. 2 E., : That portion of Section 36 with Valley
County, Idaho.
T. 19 N., R. 3 E., : All of Sections 14, 15, 16, 21, 22, 23,
26, 27, 28, 33, 24 and 35, and that portion of the south
half of Section 20 within Valley County, Idaho, and those
portions of Sections 29, 31, and 32 within Valley County,
Idaho.
Including therein the Corporate City Limits of the City of
McCall, Idaho, excluding therefrom all the Payette Lake and
the Little Payette Lake lying below the high water marks.
EXHIBIT "D"
CITY OF McCALL EOUIPMENT
1940 Seagrave Pumper*
Model 66 E.7 Serial # A 7420
350 G Rank
1000 GPM Rated Pump
*Antiquated, out of service
Engine 2
1973 Ford
V.I.N. F75FVR32752
350 G Tank
1000 GPM Rated Pump
1 - Motorola 14ch. Radio
No SCBA Equipment
1 - Deluge Water Cannon
1000' Hard Line W/Reel
150' 1-1/2" Attack Hose
1400' 2-1/2" Supply Hose
Hard suction Hoses
14' Roof Ladder, 28' Extension Ladder
Assorted Hand Tools and Nozzles
Engine 3
1974 International Pickup
VIN 402A0DHB16049
W/Slide in Compressed Nitrogen Foam System
W/Assorted Hand Tools and Lights
Engine 7
1980 Mack
VIN MS200P10443
500 G Tank
1250 GPM Rated Pump
1 - Motorola 14 ch. Radio
1 - Compressed Air Foam Delivery System
4 - Survivair MK II SCBA Units W/8 Extra Composite Air
Cylinders & 2 Extra Steel Air Cylinders
1000' 2-1/2" Supply Hose
140' 1-3/4" Attack Hose
1 - 9' Attic Ladder, 1 - 32' Extension Ladder, 1 - 16' Roof
Ladder, 1 - 12' Folding Extension Ladder
Hard Suction Hoses
1 - Exhaust Fan, 1 - Generator, 1 - Electric Cord W/Reel
W/ Assorted Hand Tools, Lights, Nozzles
Exhibit "D" - Page 2
**
**
Engine 11
1995 Pierce
VIN 4PICTOZD65A000156
750 G Tank
1500 GPM Rated Pump
1 - Maxon 16 ch. Radio
9 - Survivair Mk II SCBA Units, W/6 Extra Composite
Cylinders
1 - Deluge Water Cannon
450' 1-3/4 Attack Hose
300' 3" Attack Hose
1000 5" Supply Hose
1 - 9' Attic Ladder, 1 - 16' Roof Ladder, 1 - 28' Extension
Ladder
1 - Exhaust Fan, 1 - Forcible Entry Saw
W/ Assorted Hand Tools, Lights, Nozzles
Miscellaneous Equipment
8 - "911" Pagers
5 - Hand Held Radios
1 - MSA SCBA Unit W/Two Spare Air Cylinders
3 - Scott* Air Packs W/Cylinders
*These do not meet current NFPA Standards
4 - Proximity Suits (Used for Airport Crash/Rescue)
7 - Sets* of Newer Turnouts
*A "Set" consists of Helmet, Coat, Pants, Boots, Hood &
Gloves
3 - Sets of Older Turnouts
1 - Homatro Hydraulic Tool System W/Attachments
4 - Sets* of Dive Equipment
*A "Set" consists of Air Tank, Regulator, B.C. Vest,
and Other Equipment Needed To Function Safely In An
Underwater Environment
9 - Spare S.C.U.B.A. Tanks
**
**
**
EXHIBIT "D"
SHARED EOUIPMENT
Mako Air Compressor
Model: 9300E1
Serial# 54051912
Micron Pentium 16mbRam 345 HD
Serial # 13521300011194
SCBA Test Bench
Model: 905700
Serial# LFM50228
** List of Shared Equipment at
30-94
Make
Rngr
Rngr
Zet
Zet
Rngr
Rngr
Mot
Mxn
Tri
Twv
Twv
Mrd
TPL
Twv
Ast
Ist
Model
SRL-HB
SRL-HB
45
45
SRL-UC
SRL-UC
NA
CA-1461
NA
NA
NA
MBX-450
PA61AE
TPRD4544
RM-50M-BB
SRM-4D
Misc
Description
VHF Repeater
VHF Repeater
Interconnect
Interconnect
UHF
UHF
VHF
VHF
VHF
VHF
VHF
UHF
UHF
UHF
No -Business
Repeater
Repeater
Antenna
Amplifier 8/25
Amplifier 23/100
Passband Duplexer
Imod Supp Panel
Antenna
RF Amplifier
Deplexer
Power Supply
Batteries (x3)
Mountain
Serial #
40363
40419
NA
126-0663
40420
40362
NA
NA
NA
518
690
NA
NA
1409
9109756
NA
Cables,Connectors,Antenna,Wire,Etc 91
as of 11-
Ycar fife
93 5
93 5
89 10
85 ? 10
93 5
93 5
85 ? 10
94 5
94 5+
91 7+
91 7+
91 7
91 5
91 7+
91 1+
94 2
4+
EXHIBIT "E"
MCCALL RURAL FIRE PROTECTION DISTRICT EQUIPMENT
Engine 4
1980 GMC 1 Ton
VIN TKM33A152910
350 G Tank
185 GPM Pump
1 - Motorola 9 ch. Radio
1 - Motorola 14 ch. Radio
1 - Survivair Mk II SCBA W/Cylinder W/5 Extra Steel Air
Cylinders
1 - 100' Hard Line W/Reel
500' 1-1/2" Attack Hose
1 - Sawzall
Technical Rope Rescue Equipment
W/Assorted Hand Tools, Lights & Nozzles
Engine 6
1992 Ford Ranger Pickup
VIN 1FTCR15X2NPB06804
W/All Weather Bed Protector
2 - Maxon 16 ch Radios
W/Assorted Hand Tools, Extinguishers & Lights
Engine 8
1973 Mack
VIN CF795F1045
500 G Tank
1250 GPM Rated Pump
1 - Maxon 16 ch Radio
4 - Survivair Mk II SCBA Units W/4 Extra Composite Air
Cylinders
1 - Deluge Water Cannon
200' 1-1/2" Attack Hose
300' 1-3/4" Attack Hose
900' 2-1/2" Supply Hose
200' 3" Supply Hose
Hard Suction Supply Hose
1 - 8' Attic Ladder, 1 - 14' Roof Ladder, 1 - 28' Extension
Ladder
1 - Accufoam, Foam Generating System
2 - Positive Pressure Fans
1 - Honda Generator W/200' Electric Cord & Reel
W/Assorted Hand Tools, Lights & Nozzles
Exhibit "E" - Page 2
**
**
**
Engine 9
1970 Dodge
VIN N81HP1T302414
G Tank
1 - Motorola 14 ch Radio
500 G Portable Dump Tank
1500 G Portable Dump Tank
W/Assorted Supply Hoses & Hand Tools
Fire Boat
An Aluminium Jet Boat W/455 C.I.D. Marine Engine
1 - Maxon 16 ch Radio
W/Custom Designed Diverter Valve and Piping to Deliver Water
On Shore
W/Assorted Nozzles & P.F.D.'s
Miscellaneous Equipment
1250' "Older" 2-1/2" Supply Hose
800' "Older" 1-1/2" Attack Hose
2000' Wildland Hose W/Assorted Fittings and Nozzles
9 - "911" Pagers
4 - Hand Held Radios
4 - Scott* Air Packs W/Bottles
*These Do Not Meet Current NFPA Standards
1 - Honda Suction Pump W/Supply Lines
1 - Snowmachine Rescue Sled W/Emergency Medical Supplies
1 - Ice Rescue Flotation Sled
8 - Sets* of Newer Turnouts
*"Set" consists of Helmet, Coat, Pants, Boots, Hood and
Gloves
3 - Sets of Older Turnouts
r
**
**
**
EXHIBIT "E"
SHARED EOUIPMENT
Mako Air Compressor
Model: 9300E1
Serial# 54051912
Micron Pentium 16mbRam 345 HD
Serial # 13521300011194
SCBA Test
Model:
Serial#
Bench
905700
LFM50228
** List of Shared Equipment at No -Business Mountain as of 11-
30-94
Make Model
Rngr
Rngr
Zet
Zet
Rngr
Rngr
Mot
Mxn
Tri
Twv
Twv
Mrd
TPL
Twv
Ast
Ist
SRL-HB
SRL-HB
45
45
SRL-UC
SRL-UC
NA
CA-1461
NA
NA
NA
MBX-450
PA61AE
TPRD4544
RM-50M-BB
SRM-4D
Misc
Description
VHF Repeater
VHF Repeater
Interconnect
Interconnect
UHF Repeater
UHF Repeater
VHF Antenna
VHF Amplifier 8/25
VHF Amplifier 23/100
VHF Passband Duplexer
VHF Imod Supp Panel
UHF Antenna
UHF RF Amplifier
UHF Deplexer
Power Supply
Batteries (x3)
Serial # Ycar Life
40363
40419
NA
126-0663
40420
40362
NA
NA
NA
518
690
NA
NA
1409
9109756
NA
93
93
89
85
93
93
85
94
94
91
91
91
91
91
91
94
5
5
10
10
5
5
10
5
5+
7+
7+
7
5
7+
1+
2
Cables,Connectors,Antenna,Wire,Etc 91 4+
Municipal Lease
Purchase AP°►-eement
Agreemenr Niunhe, 1632461
WESTQNE LEASING
Name and Address of Municipality
Name
City of McCall
Street Addressor P.O. Box
P.O. Box 1065
City
McCall
EXHIBIT A
QUANTITY
1
State
ID
Telephone
208-634-7142
Zip Code Contact Person
83638 James Henderson
Title
Fax Number
City Treasurer
DESCRIPTION OF EQUIPMENT (attach copies nl erndnr'c inmien)
SERIAL NUMBER PRICE:
1995 Pierce Dash Custom Pumper Mounted On A 4P1CT02D6SA000156 $197,761.00
Dash Chasis with Kussmaul Load Manager
See ATTACHMENT "A" page 1 of 3, 2 of 3,
and 3 of 3 including all accessions, additions,
accessories, parts or substitutions; all proceeds
(including insurance and account proceeds).
39,645.00
$237,406.00
THIS AGREEMENT is made this 15thiayof December .19 94
between City of McCall
hereinafter referred to as "Lessee"
and WEST ONE BANK, IDAHO, N. A-, hereinafter referred to as "Lessor".
The parties agree as follows:
WHEREAS. Lessee has determined a present need exists for the personal
property descrihed in Exhihit :\, hereinafter referred to as "E:quipment", and
desires to acquire use of said Equipment as soon :s possible, and
WHEREAS. Lessee is authorized to enter into this Agreement by the laws and
the regulations to which Lessee is st)hject, and
WHEREAS, lessee hart requested lessor to provide said financing fur the
Equipment, and
WHEREAS, Lessor has agreed to provide said financing.
NOW, THEREFORE. lessor agrees to lease and to sell Lessee, and Lessee agrees
to hire and purchase from Lessor• certain personal property as described in
Exhibit A. under the terms and conditions hereinafter set Forth.
1. TERM: This Agreement will begin on the Acceptance Date as specified on
the attached "Acceptance Certificate-. continue on a year-to-year basis and end
on the date all payments on Exhibit B have horn made. This Agreement will be
deemed automaticallyrenewedby Lessee each year (Lessee's fiscal year) unless
earlier terminated by Lessee due to nonappropriation as provided in Paragraph
6 herein.
2. COVENANTS OF LESSEE: Lessee warrants that it is a body politic and has
statutory authority to enter into this it ansaction and cam' out its obligations.
Lessee has authorized the execution of this Agreement by its appropriate
officials.
9. EQUIPMENT TITLE: Title to the Equipment has heen conveyed to Lessee
during the lease term in return for periodic payments, subject to the terms :and
conditions herein.
4. SECURITY INTEREST: To secure payments and observance by Lessee of the
covenants expressed or implied herein. Lessee grants a security interest in and
a lien on the Equipment to Lessor. its successors and assigns.
5. PAYMENTS:
(a) Lessee will make all payments to •Lessor or its assignees in the amounts
set forth on Exhibit B.
(b) Each payment will be paid in lawful money of the United States of
America, at the times designated in Exhibit B: paid at the office of Lessor or
such other person and/or at such other places as the lessor may designate
in writing. Regardless of any dispute. accident, or unforeseen circumstances,
Lessee will make all payments.
(c) On and payment date. Lessee may prepay this obligation by paying the
applicable remaining -Principal Balance" plus interest as designated in
Exhibit B, plus any other amounts due under this Agreement the security
interest held by Lessor and its successors or assigns shall then be released.
(d) If any payment (or portion thereof) is not paid when due, it will incur a
late charge of Lye$ of the payment amount plus interest at the annual
percentage rate stated in Exhibit B
(e) Lessee agrees it will use its best efforts to continue this Agreement for its
entire term, and to obtain and maintain finds from which payments may be
made, including making provision tier payments in each budget submitted
to obtain fi, senior 1 . '... r, .•t,...,.,.s t ,,ia, .• t• r to I:ave snrh
6. TERMINATION DL:E TO NONAPPROPRUTION: Lessee may terminate
this Agreement if the toll eu::g events shall hate occurred and Lessot has
received, not less than tin dais prior to the end 4)1 Lessees then-cltrent lisal
year, a written opinion Irons Lessee's r ounsel veld -Ong the e,erurrence of said
e ye n ts:
(a) In the event funds are not budgeted and appiopriate•d in any fiscal year
for Lease Pannenr due under this Agreement for the succeeding fiscal sear.
or for the acquisition of services, equipment or functions, which ir1 whole or
in part are essentially the same as those being leased hereunder. this
Agreement shall impose no ohpigariiin on the Lessee as to such succeeding
fiscal year and shall become null and void except as to the Lease Payments
herein agreed upon for which funds will have been appropriated and
budgeted. and no right of action .er damage shall accrue to the hemctit of
Lessor, its successors and assigns. tor arc Ittrther payments;
if)) 11 the provisions of section fat .re talk/cif by Lessee. Lessee .agrees lu
immediate) notify the Lessor or ils assignee ul this Agreement than hinds
are not budgeted .and appropriated. and set peaceably surrender possession
of the equipment to Lessor o n its .assignee.
(c) Lessee made all payments due during the fiscal period inunediateb
preceding; the fiscal pet iota lor which sufficient limdstre•re not appropriated.
Any early termination due to nonappropriartion must be at the end of Lessee's
then -current fiscal year. Upon termination, lesser shall return the Equipment
tar Lessor and agrees that:
(d) Equipment shall be in same condition as when purchased, reasonable
wear and tear excepted and have been maintained in accordance with
Paragraph 9.
(e) lessee will transfer ownership and title to the Equipment u, the Lessor
and guarantee and indemnify clear title.
(I) lessee, at its own expense. shall deliver the Equipment to original selling
dealer/vendor's place of business or such location as Lessor mat' specify.
7. TAXES: Unless Lessee has provided Lessor with evidence of an exemption.
Lessee agrees to pay any license or registration fees, gross receipts, taxes.
assessments, charges and sales. use, property. excise and other taxes imposed
hyartlygovennncnttlagency upon the Equipment. AmlecS,taxes )rother lawlial
charges paid by Lessor or its assigns fur the lessee shall become immediately
due from lessee to Lessor or its assigns including anv transle•r :and faxes
pursuant to Paragraph 6(e).
8. TAX INDEMNIFICATION:
(a) It is agreed that interest on the ohligation of the Lessee hereunder is.
four purposes of income taxation, being treated by Le.ssoras tax exempt. This
tax-exempt status provides the inducement for the lessor to offer financing
at the Annual Percentage Rate set firth in Exhibit B. Therefore, should this
transaction he deemed by any taxing authority not to be tax exempt from
federal and/or state income taxation. the Lessee agrees that the Animal
Percentage Rae in Exhibit B shall he adjusted to :in Equivalent l axable
Annual Percentage Rate. "Equivalent Taxable Annual Percentage Rate- is
defined as: The Annual Percentage Rate Lessor would have to charge to
obtain the same after tax yield anticipated to be achieved as a result of the
Annual Percentage Rate stated herein on Exhibit B.
(h) QUALIFICATION FOR SMALI. ISSUER EXEMPTION
(Cheek Ammon -ate Boll
QUALIFIED_ The Lesser hereby designates this Agreement as a
"qualified tax-exempt obligation' within the meaning of the T ax Reform
Act of 1986.
•If the Lessee loses its eligibility for the "Small Issuer Exemption- (hiring
the 19_95 calendar year. the Annual Percentage Rate in Exhibit B shall
he adjusted to preserve Lessor's originally anticipated Equivalent Taxable
Annual Percentage Rate.
TT NOT QUALIFIED. The Lessee is not qualified for the "Small Issuer
I I Exemption" under the Tax Reform Act of 1986.
9. USE AND MAINTENANCE: Lessee will use the Equipment in a careful and
proper manner, in compliance with all applicable laws and regulations. Equip-
ment is to be used by Lessee exclusively and not subleased• loaned or otherwise
used by entities other than lessee. At its sole expense and cost. Lessee will
maintain the Equipment in good repair, condition and working order and in
compliance with manufacturer's .sttggested MainR.11:InCe and so ;is to maintain
manufacturer's andi or vendor's warranties. In the event of early termination
of this Agreement, Lessee will return the Equipment in a condition which
permits the lessor to be eligible for the manufacturer's or supplier's standard
maintenance contract without incurring any expense to repair or rehabilitate
such Equipment. The Equipment will not be moved front the location stated in
Exhibit Bwithout prior written consent of Lessor, which will not be unreasonab-
ly withheld.
ADDITIONAL M.-V NTENANCE PROVISIONS ARE a )NTA1NED IN ❑
THIS AGREENIF.NTAND .tRESE-I FOR-rilINE:xillurD.IFelIECKEI111FRF..
10. INSURANCE: iNDEMNIFIG•1TON: l ssc,• 0)
incnt throughout dic entire Agreement 1 crnl as to t.eneltt, Icahn, li:toper anri
properto damag(•. The cova::age ,rC all: . ast:alit tnstuMU will at least equal ;u
.ail ones the amount necessary to pen the applicable remaininq "Principal
Balance" plus inlet est as stated on Exhibit B, if paid later than as regular
scheduled. Lessee shall deliver to Lessor or its assigns prior to inception of this
Agreement. and annually iheiealter it tcelucsted, a (.Milne:sec ul Insurance
evidencing that the Equipment is insured through an acceptable insurance
carrier. t 1 1 Lessor listed as loss payee.
INSURANCE. E:LFCf1ON 1Cb,-,k.yq,ee,pt„u. MN,
X
j=71 NIASTER Pt )I.I(:1. Lessee tr:rranis that the Equipment has Heim past cal
IXJ under coverage of cis m,ntei instnanrc polirt.
II
SEI'. 1T. 1'OI.I(:Y. Lesser has purchased .a srp,arate insurance polio t
t otrring the Equipment
SELF -INS[ R.\N(:1 . Lessee is self -insured with res >eci to ihr P.quipnu ni
Lessee ',lines ilia) should it ream. to he sell ilrnrr .it will notify Lessor. I,c
reltilictl nt•ail. rerun receipt trquestcil. of sot Ir change amp will innneda
awl% insure the E.quipm.nt under a single or nt.asu•t pull( y.
Lessor shall not he liathlr Inc injury team pet se set set damage he property rt•suftin
dircell front the operation nr use of Nit E:gnipntrnl Lesser will holrl
and its assigns harmless Mont ,all claims. ac lions, prnccedings• cslr.§ sr•.
damages and liahtliu.s, inn -fueling attorneys' fees and court even, ei isiu^ u,
connection with the Equipment or its use.
11. LIENS: lessee will not create or assume any mortgage, pledge, lien. en-
cumbrance or claim on the Equipment, and will, at its own expense, discharge
any such claim.
12. DAMAGE OR DESTRUCTION OF EQUIPMENT: If the Equipment is
partially lost, stolen, damaged or destroyed, Lessee will promptly repair and
restore it to working order. if net insurance proceeds (including proceeds of
self-insurance) are not sufficient to pay for repairs, Lessee will nevertheless
complete the work and pay the costs. Lessee is not entitled to reimbursement
nor to any reduction of the payments or other amounts payable pursuant this
Agreement.
If the Equipment is totally lost. stolen, damaged or destroyed, lessee shall pay
to Lessor or its assigns a sum equal to the applicable remaining "Principal
Balance" plus interest as stated on Exhibit B, if paid later than as regularly
scheduled.
13. DISCLAIMER OF WARRANTIES: LESSEE ACKNOWLEDGES 'HIE RICIPMENT
IS BEING PURCHASED IN ACCORDANCE: WITH ITS OWN SPECIFICATION'S. LESSOR
.MAKES NO WARRANTY. EXPRESS OR IMPLIED, wTrli RFSPE.Ct TO THE ,MERCtIAN-
TABILITY, CONDITION, QUALITY OR FITNESS OF THE: EQUIPMENT.
14. PERSONAL PROPERTY: The Equipment is, and will at all times during the
Agreement Term remain, personal property. regardless of its adjacency or
attachment to real property.
15. EVENTS OF DEFAULT: Lessee will be deemed to be in default if any of the
following events occur:
(a) Lessee fails to make any payment, or pay any other sums required under
this Agreement, other than exercising its rights under Paragraph 6. Termina-
tion Due to Nonappropriation: or
(b) Lessee fails to keep any other terms, covenants or conditions contained
herein.
16. REMEDIES ON DEFAULT: If default occurrs as specified in this Agreement,
and Lessee fails to remedy the event within 30 days, then the Lessor or its assigns
have the right, without further notice, to pursue one or more of the following
remedies:
(a) Take any necessary or desirable action to collect all payments due under
this Agreement. or to enforce performance of anv obligation, agreement or
covenant of Lessee under this Agreement, including payment of any
amounts which they fail to pay (such as insurance premiums, costs or repairs,
taxes). Lessor and its assigns will also be entitled to recover all costs and
expenses, including attorney's fees, incurred in connection with the enfor-
cement of any rights or remedies of Lessor or its assigns against Lessee.
(b) To sue for and recover all rents, and other payments, then accrued or
thereafter accruing, with respect to any or all items of equipment.
(c) To take possession of any or all items of equipment, wherever same may
he located, without am' court order or other process of law. Lessee hereby
waives any and all damages occasioned by such taking of possession. Any
said taking of possession shall not constitute a termination of this Agreement
as to any or all items of equipment unless lessor expressly notifies lesee in
writing.
(d) To terminate this Agreement as to any or all items of equipment.
(e) To pursue any other remedy at law or in equity.
Notwithstanding any said repossession, or any other action which lessor may
take. lessee shall he and remain liable for the full performance of all
obligations on the part of Lessee to be performed under this lease.
All such remedies are cumulative. and may be exercised concurrently or
separately.
17- PAYMENT BY BANK: if Lessee fails to buy or maintain insurance or to pay
fees, assessments, charges and taxes, Lessor has the right, but will not be
obligated. to purchase or pay same. In that event, the cost shall be repayable to
Lessor within 30 days of payment.
18. CONCURRENT REMEDIES: No right or remedy of lessor is exclusive of
any other right or remedy. Each is cumulative of every other right or rcniedh
given, or now hereafter existing at law. and may be enforced concurrently:
separately, or in sequence.
19. ASSIGNMENT:
(a) I.essee agrees not to sell, assign, lease, sublicense, pledge or allow anv
lien or encumbrance against any interest in this Agreement or the Equip-
ment without Lessor's prior written consent. which will be withheld if: (1)
it would eliminate or decrease Lessor's tax exempt yield or, (2) it would. in
the sole judgment of the Iessor, diminish the prospects for repayment.
(b) Lessee agrees that Lessor may assign, in whole or in pan, its right, title
and interest in this Agreement or the Equipment to one or more third
parties. Any such assigns will have the rights of Lessor under the Agreement.
(c) Any assignee of Lessor may reassign its interest in this Agreement and/or
the Equipment to any other person who, thereupon, shall be deemed to be
Lessor's assignee.
20. NOTICES: All notices -under this agreement are to be made in writing and
mailed, postage prepaid, to the other party at its address.
21. UNIFORM COMMERCIAL CODE: The undersigned Lessee acknowledges
that this Agreement secures a purchase money security interest in such equip-
ment as set forth and enforceable under the Uniform Commercial Code, anti
authorizes Lessor at its options to (i) file one or more financing statements
signed only by the lessor, or (ii) file a copy of this Agreement with the
appropriate state and local authorities at any time as Lessor shall deem necessary
to hilly protect the security interest herein granted to it by Lessee.
Lessee hereby authorizes lessor as secured party or its agent or assigns to sign
and execute on its behall any and all necessary UCC:-1 forms to perfect the
purchase money security interest herein above granted (Paragraph 1) to
secured party.
21. MISCELLANEOUS: This Agree ment, together with the Exhibits, constitutes
the enure Agreement benveen the parties, and shall not be modified, amended.
or changed except in writing, signed by Lessee and [.essor and its assigns. if any
part of this Agreement is found to be prohibited by law, it is considered to be
ineffective without invalidating the remainder of this Agreement. This Agree-
ment shall be binding upon and work to the benefit of the parties and their
respective successors and assigns. The parties to this Agreement have read each
and every paragraph of this Agreement and have consulted, or have been
advised to consult, legal counsel. This lease shall be governed by the laws of the
State in which the Agreement has been signed.
Essential Use Statement:
It is represented to the Lessor that the Equipment will be used by Lessee for the following purposes:
Fire suppression and public safety.
and the use of the Equipment and its rental expense is essential to Lessee's proper, efficient,
economic and continuing operation.
Appropriation Certificate
The Lessee hereby certifies that all payments due for the fiscal year ending 19 are
within such fiscal year's budget for Lessee and within an available, unexhausted and unencumbered
appropriation.
LESSEE AND LESSOR ACCEPT THIS AGREEMENT BY SIGNATURE OF THEIR AUTHORIZED OFFICERS.
WEST ONE B.ANNK; li AI10, N. A.. LESSOR
CIr.( F MCCALL
By: By:
Printed dame/Title: Karen Smelser Printed Name/Title: Dean A. Martens
Loan Officer II Mayor
Date: December 15, 1994 _
, LESSEE
�,n
i
1
EXHIBIT B
Payment and Amortization Schedule
Equipment Cost $ 237,406.00
Less Trade -In Allowance
Less Down Payment
Equals Amount Financed
9
Lessee shall pay 1
�Numpar of Paymamsl
(Per Vendor Invoice)
$( 0.00 )
$( 47,481.20
$ 189,924.80
22,94184 Semi -Annual
periodic payments of $ 22,916,55 each on a Semi -Annual
(Mq�7HLV, ANNUAL ETC.1
basis starting on October 1 , 19 95 , or as follows:
THIS OBLIGATION EARNS INTEREST AT AN ANNUAL PERCENTAGE RATE OF 6.45 %. The payments herein
shall be composed of principal and interest. In the event of changes in the Annual Percentage Rate due to events as outlined
in Paragraph 8 of this Agreement (Tax Indemnification), this payment and amortization schedule shall be modified to
Lessor's Equivalent Taxable Annual Percentage Rate in order to preserve Lessor's anticipated after tax yield.
Equipment Location
City of McCall Fire Station
Vendor # 1
Pierce Manufacturing, Inc.
Address
P.O. Box 2017
ay
Appleton, Wis 54913
Tel. (414)
300 Park Street, McCall, Idaho 83638
(XXXXXX 6X Vendor #2 X
L.N. Curtis & Sons
832-3000
1800 Peralta St. Tel. (510) 839-5111
XXXrX City Zip Code
Oakland, CA 94607-1603
LESSEE'S BILLING ADDRESS:
ADDRESS PAYMLNI S 7'0:
Name
City of McCall
WEST ONE BANK, IDAHO, N. A.
Address (Street or P.O. Box)
P.O. Box 1065
P.Q. Box 903
City
McCall
State
ID
Zip Code
83638
McCall, ID 83638
Amortization and Repayment Schedule
❑ SEE A7TACKED SUPPLEMENT TO EXHIBIT B
PAYMENT NO.
DATE
PAYMENT AMOUNT
PRINCIPAL PAYMENT
INTEREST PAYMENT
PRINCIPALBALANCE
1
10/01/05
22,941.84
13,175.75
9,766.09
176,749.05
2
04/01/96
22,941.84
17,241.68
5,700.16
159,507.37
3
10/01/96
22,941.84
17,797.73
5,144.11
141,709.64
4
04/01/97
22,941.84
18,371.70
4,570.14
123,337.94
5
10/01/97
22,941.84
18,964.19
3,977.65
104,373.75
6
04/01/98
22,941.94
19,575.79
3,366.05
84,797.96
7
10/01/98
22,941.84
20,207.11
2,734.73
64,590.85
o
ni./niInn
nn ALl oi
nn oro
n non nr
i_n -ion nc
9
10
10/01/99 22,941.84
04/01/2000 22,916.55
, v .
21,531.48
22,200.58
1,410.36
715.97
22,200.58
0.00
Acceptance Certificate
In accordance with the terms of the Municipal Lease Purchase Agreement No. 1632461
dated December 15
, 19 94 (the "Agreement") between West One Bank, Idaho, N. A., (Lessor) and the
undersigned Municipality (Lessee), we hereby certify to and agree with the Lessor as follows:
1. The Equipment as defined in the Agreement, has been delivered and installed at the location specified
in the Agreement and accepted on the date indicated below.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary, and
hereby acknowledges that it accepts the Equipment for its purposes.
3. No event of default, as defined in the Agreement, and no event which would cause default, has
occurred and is continuing at the date hereof.
Based on the above certification, Lessee shall commence the Payments as stated in Exhibit B to the Agreement.
LES CITY OF MCCALL
172
BY:
PRINTED NAME: Dean A. Martens
TITLE:
Mayor
ACCEPTANCE DATE: December 15, 1994
CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE
WHEREAS, on or about July, 1984, the City of McCall
(City) entered into a lease agreement (attached hereto as
Exhibit "A") with the McCall Rural Fire Protection
Association (Association); and,
WHEREAS, the said lease agreement provides that the
Association shall not assign nor sublet the premises which
is the subject of such lease agreement without the consent
of the City; and,
WHEREAS, the Association desires to assign its interest
in the leased premises and the lease agreement to the McCall
Rural Fire District (District), as evidenced by that certain
purchase agreement (attached hereto as Exhibit "B"); and,
WHEREAS, the City finds that the intent and purpose of
such lease agreement shall be continued and furthered by the
District.
NOW THEREFORE, the City of McCall hereby consents to
the assignment of the lease agreement and the leased
premises by the Association to the District pursuant to the
terms of the attached purchase agreement.
DATED this a7 day of �06,22 , 1989.
CITY OF McCALL
By
J
ATTEST:
Arthur Scb(mi dt , Clerk
]en, Jr. Mayor
PROPOSAL FOR A LEASE
The undersigned, McCall Rural Fire Protection Association,
an Idaho corporation, hereinafter referred to as Lessee,
proposes to the City of McCall, a municipal corporation of
the State of Idaho, hereinafter referred to as the City, to
enter into an Agreement for a lease of certain properties
hereafter described upon the terms and conditions hereinafter
set forth.
•
It is the intention hereof to set out the proposed
Agreement for a lease, including the conditions of the
obligation of each party as well as the requirements for the
closing of such transaction. This document, if accepted by
the City is to serve as the lease.
ARTICLE I
The Premises
The Premises: At the time of the execution of the'"
Lease; the City shall have fge simple title to the herein-'
after described premises. The premises to be leased hereunder
are described on Exhibit 1 attached hereto. The attached
description shall hereinafter be referred to as "The Property".
ARTICLE II
.Representations and Warranties of the Parties
Representations and Warranties of the City: The City
represents and warrants to Lessee as follows:
(a) The City is a municipal corporation of the State
of Idaho, duly organized, validly existing and in good
standing under the laws of the State of Idaho.
(b) The ^xecutiun and delivery of the s Agreement by
the City, and the performance of the transaction as contem-
plated herein:, including the execution and delivery of the
Lease, have been duly authorized by all requisite actions
and proceedings, including the action of the City Council of
the City.
i
I
EXHIBIT "A"
(c) Neither the execution and delivery of this Lease,
nor the performance and compliance with the transactions and
provisions hereofby the ,City will violate any provision of
law, any order of any Court or other agency of the Government,
the provisions of the ordinances of the City, or of any
indenture, mortgage, lease, agreement or other instrument to
which the City is a party or to which it or any of its
property is bound or affected, nor will be in conflict with
nor result in any breach of any of the terms of law, the
Ordinace, or terms and conditions of or constitute a default
under, any such law, ordinances, indenture, mortgage, lease,
agreement or other instrument.
Representations and Warranties of Lease: Lessee re-
presents and warrants to the City as follows:
(a) Lessee is a corporation duly organized, validly
existing and in good standing under the laws of the State of
Idaho.
Co) The execution and delivery of this Agreement by
Lessee and the performance of the transactions contemplated
herein, have been duly authorized by all requisite corporate
action and proceedings, including action by the Board of
Directors of Lessee.
(c) Neither the execution and delivery of this Lease,
nor the performance of the transactions will violate any
provision of law, any order of any Court or other agency of
Government, the Articles of Incorporation, the Code of By -
Laws of Lessee, or any other indenture, mortgage; lease,
agreement or other instrument to which Lessee is a party or
by which i_t or anv of its properties, is bound or affected,
nor will the lease be in conflict with or result in any
breach of the terns, conditions or Provisions c:f, or constitute
(wi_Lh dui notice or lapse of time of both) a defaul.L under,
any such indenture, mortgage, lese, agreement or other
instrument.
ARTICLE III
Liens, Taxes and Assignments
Lessee agrees not to permit any security interest in or
upon the premises, nor to allow any mechanics, materialman's
or other liens to be filed against said premises, and if so
filed shall have reasonable time in which to cause them to
be d,i.scharged.
Lessee agrees to pay taxes on the building furniture,
fixtures and equipment located on the completed premises,
and to keep the entire premises, including the buildings and
improvements insured at 90% replacement, claims thereon to
be used first for rebuilding.
Lessee shall have no right to assign any interest in
the Lease, nor to sublet any of the leased premises without
the prior written consent of the City.
Lessee shall have possession under this Lease if and
when approved by the Mayor and City Council of the City.
ARTICLE IV
Miscellaneous
Each party hereto represents and warrants to the other
party hereto that, there is no claim for brokerage commissions
or finder's fees in connection with the transactions contemplated
by this Agreement resulting from any action taken by such
party. In the event any such claims are asserted, each
party hereto will pay, be responsible for, and hold the
c`iier party hereto harmless from, any obligation or liability
or to become due to any broker or finder on the basis of
y arrangement or agreement or allegedly made by or.on
} `half..of sudhiTatty.
Except as otherwise provided herein, each party hereto
:.11.1 pay his or its own legal and other expenses incidental
c" this Agreement and the transactions contemplated hereby
whether or not such transaction shall be consummated.
ARTICLE III
Liens, Taxes and Assignments
Lessee agrees- not to permit any security interest in or
upon the premises, nor to allow any mechanics, materialman's
or other liens to be filed against said premises, and if so
filed shall have reasonable time in which to cause them to
be dSscharged.
Lessee agrees to pay taxes on the building furniture,
fixtures and equipment located on the completed premises,
and to keep the entire premises, including the buildings and
improvements insured at 90% replacement, claims thereon to
be used first for rebuilding.
Lessee shall have no right to assign any interest in
the Lease, nor to sublet any of the leased premises without
the prior written consent of the City.
Lessee shall have possession under this Lease if and
when approved by the Mayor and City Council of the City.
ARTICLE IV
Miscellaneous
Each party hereto represents and warrants to the other
party hereto that, there is no claim for brokerage commissions
or finder's fees in connection with the transactions contemplated
by this Agreement resulting from any action taken by such
party. In the event any such claims are asserted, each
party hereto will pay, be responsible for, and hold the
other party hereto harmless from, any obligation or liability
due or to become due to any broker or finder on the basis of
any arrangement or agreement or allegedly made by or.on
behalf .of!:suahepafty.
Except as otherwise provided herein, each party hereto
shall pay his or its own legal and other expenses incidental
to this Agreement and the transactions contemplated hereby
whether or not such transaction shall be consummated.
Any notice, request or other communication required or
permitted to be given hereunder to any party shall be validly
given, made or served if in writing and delivered personally
or sent by certified mail, postage prepaid, (i) if to the
City, addressed to the attention of its City Clerk, at P.O.
Pox 1065, McCall, Idaho 83638, or (ii) if to the Association
addressed tp its President at P.O. Pox 197, McCall, Idaho 83638,
or to such other persons or addresses as the parties may
from time to time designate.
•
This agreement may be executed in any number of counter-
parts, and, together with the Exhibits hereto, contains the
entire agreement between the parties hereto with respect to
the transaction contemplated hereby, and may not be changed,
modified or amended, except in writing signed by the City
and the Association. This Agreement shall be binding upon
the inure to the benenfit of; the successors and assigns of
the parties.
This Agreement shall be governed by and construed in:
accordance with the law of the State of Idaho.
ARTICLE V
Term of Lease and Consideration
The Lease term extends from the date of execution hereof
for fifty (50) years unless sooner -terminated as herein provided.
The Association and the City shall share equally the costs
of power, heating and maintenance on the building both
before and after the completion of the addition. The
Association shall pay to the City annually on or about
October 1st of each year of such lease a sum of money equal
to 20% of the City Fire Chief's annual salary.
article vi
Resolution
That a copy of Resolution No. , passed and approved
July , 1984, by the Mayor and Council of the City of
McCall is attached hereto as Exhibit II and each and every
provision thereof is by .this reference is made a part of
this Lease as if fully set forth at length herein.
IN ;aITNESS WHEREOF, the McCall Rural Fire Protection
Association has caused this Agreement to be signed in its
corporate name by its President, the day of July,
1984.
by•
Attest:
Secretary
McCall Rural Fire Protection Associat_
President
i
The above and foregoing proposal has been accepted this
day of July, 1984, by a duly adopted Resolution of
said City.
by
The City of McCall
Mayor
Attest:
City Clerk
A tract of land 35 feet by approximately 28.6 feet immediately
adjacent to the present City Fire Station, on the east side
thereof situate on the.following described tracts in McCall,
Valley County, Idaho.
Boot: 23iPage 29: Beginning- at a point on the south side of Park
Street in ncCall Mlere the east line of Second Street projected
intersects the said south side line of Park Street; thence running
along said south side line of Park Street N 77°45'E, 67.7 feet;
thence S 12°15'E, L4.5.5 feet to an intersection with the west side
boundarrline of the right-of-way of the Idaho Northern Railroad;
thence along west boundary line of the right-of-way in south-
westerly direction 90.5 feat more or less; thence N 12°15'W, 105.5
feet; to the place of beginning.
t
Book 1Q, Page 496. A oe.rtain tract located in the NV:SW1 of Sec-
tion 9, T.18r. ,R.3E. ,R.M. , Beginning at a point on the east end
where Park Street meets the railroad right-of-way running in west
direction along Park street for 52 feet; thence in southerly dir-
ection for 46 feet to where line meets.railroad right-of-way; thence
in northeasterly direction along west boundary of railroad track for
a distance of 69 feet to the point of beginning., forming a trianEu-
lar piecq•of land.
For a more precise area and location see Plans and Specifications
prepared by Frank Volk dated June 15, 1984.
The Premises
EXHIBIT I
STATE OF IDAHO )
) ss.
County of Valley )
On this day of. July, 1984, before me, the under-
signed Notary Public in and for said State, personally
appeared W. DAVID KIRK, known to me to be the President, of
McCall Rural Fire Protection Association, and acknowledged
to me that he executed the within instrument for and on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my harnd and
affixed my official seal the day and year in this certificate
first above written.
a�
Notary Public for Idaho
Residing at McCall, Idaho
STATE OF IDAHO )
) ss.
County of Valley )
On this day of July, 1984, before me, the under-
signed Notary Public in and for said State, personally
appeared CLYDE L. ARCHER, JR., known to me to be the Mayor
of the City of McCall, Idaho, and acknowledged to me that
such City of McCall, Idaho executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
Notary Public for Idaho
Residing at McCall, Idaho
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into effective as of
7A
this /-/ day of CSC / L b/,v , 1989, by and between
the McCALL RURAL FIRE PROTECTION ASSOCIATION, a non-profit
Idaho corporation, hereinafter referred to as ASSOCIATION
and the McCALL RURAL FIRE DISTRICT, an Idaho municipal
corporation, hereinafter referred to as DISTRICT.
WHEREAS, ASSOCIATION is the owner of certain
firefighting equipment, more fully described on Exhibit A
attached hereto; and,
WHEREAS, ASSOCIATION has a leasehold interest in
certain real property, situate in McCall, Valley County,
s:
Idaho, by virtue of that certain Lease, dated the .3) day
of J
, 1984, between the ASSOCIATION as Lessee
and the City of McCall, as Lessor, a copy of such Lease
which is attached hereto as Exhibit B; and,
WHEREAS, the DISTRICT desires to purchase from the
ASSOCIATION the firefighting equipment and leasehold
interest in the real property.
NOW THEREFORE, for and in consideration of the mutual
terms and covenants hereinafter contained, it is agreed
between the parties as follows:
1. COVENANTS OF DISTRICT: DISTRICT warrants that it
is a public body authorized by the Constitution and laws of
PURCHASE AGREEMENT - Page 1
EXHIBIT "B"
the State of Idaho to enter into this Agreement and carry
out its obligations hereunder. DISTRICT has duly authorized
the execution of this Agreement by its appropriate
officials.
2. SALE AND ASSIGNMENT: ASSOCIATION hereby conveys to
DISTRICT, all right, title and interest of ASSOCIATION in
and to the firefighting equipment, set forth on Exhibit A.
Further, ASSOCIATION conveys, transfers and assigns to
DISTRICT, all right, title and interest of DISTRICT in and
to the real property, improvements thereon and leasehold
interest of DISTRICT in and to the real property, as set
forth on Exhibit B. DISTRICT hereby agrees to assume and
satisfy, according to its terms, the obligations of
ASSOCIATION, as lessee under the terms of said Lease
Agreement. Such conveyances and assignments are subject to
DISTRICTS periodic payments to ASSOCIATION, as set forth
herein, and further subject to the terms and conditions of
this Agreement.
3. CONDITION OF TITLE TO EQUIPMENT: DISTRICT
acknowledges that it has been informed and understands that
the firefighting equipment being purchased is subject to a
security interest in said equipment, in favor of Washington
Federal Seavings and Loan. DISTRICT does not assume and is
not liable upon the obligation of ASSOCATION to Washington
Federal Savings and Loan for which such security interest
was given. Upon final payment by DISTRICT to ASSOCIATION of
PURCHASE AGREEMENT - Page 2
the sums due hereunder, ASSOCIATION shall cause the security
interest to be released.
4. CONSENT TO ASSIGNMENT: DISTRICT acknowledges it
has been informed and understands that the assignment by
ASSOCIATION to DISTRICT of said lease is subject to the
approval by the City of McCall. In the event such consent
cannot be obtained, this Agreement may be terminated, at
DISTRICTS sole option and the DISTRICT shall be released of
any further obligation or liability hereunder. In such
event, any payments made by District hereunder shall first
be applied to the fair rental value of the leased premises,
the balance to be applied to the purchase of the
firefighting equipment.
5. PAYMENTS: DISTRICT shall pay to ASSOCIATION such
sums, in the amount and at the time as set forth on Exhibit
C, attached hereto.
DISTRICT agrees that it will do all things
lawfully within its power to continue this Agreement for its
entire term, and to obtain and maintain funds from which
payments may be made, including making provisions for
payments in each budget submitted to obtain funding.
DISTRICT further agrees to give its best efforts to have
such portion of the budget approved, and to exhaust all
available reviews and appeals in the event it is not
approved.
PURCHASE AGREEMENT - Page 3
6. TERMINATION DUE TO NON -APPROPRIATION: DISTRICT may
terminate this Agreement if the following events have
occurred.
a. DISTRICT has not appropriated for the next
fiscal year for the acquisition, lease or use of equipment
or buildings which are essentially the same as the terms
covered by this Agreement; and
b. DISTRICT has exhausted all funds legally
available for all payments due under this Agreement; and
c DISTRICT properly and in a timely manner
requested sufficient funds to satisfy its obligations under
this Agreement.
Any early termination due to non -appropriation
must be at the end of the DISTRICTS then current fiscal
year. Upon termination, DISTRICT shall return all fire-
fighting equipment to ASSOCIATION, and surrender the leased
premises.
7, USE AND MAINTENANCE OF EQUIPMENT: DISTRICT shall
use the firefighting equipment in a careful and proper
manner, in compliance with all applicable laws and
regulations. DISTRICT shall maintain said equipment in good
repair, condition and working order.
8. EVENTS OF DEFAULT: DISTRICT will be deemed to be
in default if any of the following events occur:
a. DISTRICT fails to make any payment, or pay
any other sums required under this Agreement, other than
PURCHASE AGREEMENT - Page 4
exercising its rights under Paragraph 6, TERMINATION DUE TO
NON -APPROPRIATION; or
b. DISTRICT fails to keep any other terms,
covenants or conditions contained herein.
9. REMEDIES ON DEFAULT: In the event DISTRICT fails
to perform any terms, covenants or conditions of this
Agreement, following thirty (30) days written notice of
default by ASSOCIATION, the ASSOCIATION or its assigns have
the right, without further notice, to pursue one or more of
the following remedies:
a. By written notice to DISTRICT, declare an
amount equal to all remaining payments of DISTRICT for the
then current fiscal year to be immediately due.
b. Take any and all action, whether legal or
equitable to collect payments due under this Agreement and
to enforce performance of any obligation, agreement or
covenant of DISTRICT under this Agreement.
10. ASSIGNMENT: DISTRICT shall not sell, assign,
lease, transfer or convey the equipment and leasehold
interest without prior written consent of ASSOCIATION, which
consent shall not be denied, so long as ASSOCIATIONS
prospects of payment are not diminished.
11. MISCELLANEOUS:
a. This Agreement constitutes the entire
agreement between the parties and shall not be modified,
amended or changed except in writing signed by all parties.
PURCHASE AGREEMENT - Page 5
b. In the event either party to this Agreement
must enforce their rights under the terms hereof in an
action at law or otherwise, the party found to be in breac'k
or default of this Agreement, shall pay to the prevailing
party its costs and reasonable attorney's fees.
r4
DATED this 0 day of QGi vL)-gr
, 1989.
McCALL RURAL FIRE PROTECTION McCALL RURAL FIRE DISTRICT
ASSOCIATION
By.
e'e By /�/L.��i
President Chairman—)
STATE OF IDAHO
) ss.
County of ValleyTh
)
On this i/ day of 06I U!?�Y , 1989, before me,
Notary Public in and for said State, personally appeared
1?-,1)-"h h?c / v7,q h , President of the McCALL RURAL F
PROTECTION ASSOCIATION, and known or identified to me to L
the person whose name is subscribed to the within and
foregoing and acknowledged to me that he executed the same
in such capacity.
s ?/
IN WITNESS WHEREOF, I have hereunto set my hand and
notary seal the day and year in this Certificate first abo
written.
(261
Notary is for Idar
Residing t: J C«1
STATE OF IDAHO )
) ss.
County of Valley )
7n
On this h day of OcTab-ry , 1989, before me,
Notaryf Public in and for said State, personally appeared
, Chairman of the McCALL RURAL FIEF
DISTRICT, and known or identified to me to be the person
PURCHASE AGREEMENT - Page 6
whose name is subscribed to the within and foregoing and
acknowledged to me that he executed the same in such
capacity.
IN WITNESS WHEREOF, I have hereunto set my hand and
notary seal the day and year in this Certificate first above
written.
NotaraLl is for o
Residing at: 14,2„,
PURCHASE AGREEMENT - Page 7
EXHIBIT "A"
PERSONAL PROPERTY
1 - 1980 GMC Fire Truck - Serial No. TKM33A1523910
1 - 25' - 2-1/2" soft hose
3 - Spanner wrenches
1 - Halogen tool
2 - Hydrant wrench
1 - Gated Y's - 2-1/2" to 1-1/2"
1 - Gated Y's - 1-1/2" to 1-1/2"
1 2-1/2" Nozzle
1 - 1-1/2" Nozzle
1 - 1" Nozzle
2 - Hose Clamps
2 - Fireman Style Ax
1 - Pressure Water Tank
1 - Plug-N'-Dyke Kit
1 - CO2 Extinguisher - 251b.
1 - 2.5 Gallon plastic can
1 - 32" aluminum pipe
1 - Foam Injector
1 - BC Fire Extinguisher - 201b.
1 - Pike Pole - 8'
2 - Stretchers - Canvas w/wood poles
200' Hard line w/hose reel
1 - Motorola - Scanning Radio
1 Burn Kit - 1st Responder
1 Emergency Response Handbook
1 - Attic ladder
2 8' Hard suction line
1 - 14' Extension ladder - H.D.
1 - 24' Extension Ladder - H.D.
1 - Stihl 031 Chain saw w/28" bar
6 -- Scott Air packs
4 - Air bottles (spare)
7 - 1-1/2" hose 50' (not on truck)
12 - 2-1/2" hose 50' (not on truck)
20 - 2-1/2" Hose 50' (on GMC truck)
10 - 1-1/2" Hose 50' (on GMC truck)
Exhibit A - Personal Property
1 - 1972 Dodge Tanker (700 gal.) - Serial No. K2J-562-725
1 - Port -A -Tank - canvas
1 - Exhaust Fan
2 - 100' extension cord
2 - 1 gallon gas cans
1 - Shovel
1 - Pulaski
1 - Bladder bags
1 - 35 B/S generator
2 - Metal pump back pack cans
1 - 12' Extension Ladder
1 - Honda pump
1 - 1-1/2" suction hose 8'
2 - Gas powered water pumps
3 - 1-1/2" fiber hose - 50'
1 - 2-1/2' Soft hose - 25'
1 - Climbing belt (safety)
2 - Hydrant Wrench
2 - McLeod Tool
1 - 1" metal Nozzle
3 - 1" plastic nozzles
2 - 1-1/2" metal nozzles
3 - Gated Y's - 1-1/2" to 1"
1 - Gated Y's - 1-1/2" to 1-1/2"
50 feet - 1/2" rope
1 - box miscellaneous nozzle parts
1 - set tire chains
l - Hydraulic jack - 2 ton
1 - 8 lb. maul
1 - Single bit ax
1 - Firemans style ax
l - Hose reel
75' hard line hose for above reel
1 - First Aid Kit - small
l - Motorola Radio w/antenna and Mis.
1 - Motorola Portable Radio
1 Side mounted (driver's side) pump
Miscellaneous
1 - Desk 43 x 70
l - Typewriter (old)
1 - Victor Adding Machine
1 - 4 drawer file cabinet
EXHIBIT "C"
8-1-89 $12,020.43
8-1-90 $12,020.43
8-1-91 $12,020.43
8-1-92 $12,020.43
8-1-93 $12,020.43
8-1-94 $12,020.43