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HomeMy WebLinkAbout#5081 Oswego/Fire Protection District RESOLUTION NO.5081 A RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN OSWEGO FIRE PROTECTION DISTRICT AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS WHEREAS, the Finance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to purchase a 2005 International/Horton medium duty rescue squad with the funds received from the damage to the 1995 Freightliner rescue squad ($11,465.24); and WHEREAS, the Finance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into a Purchase Agreement with the Oswego Fire Protection District as set forth in Exhibit "A" attached hereto and incorporated for the purchase of said unit from the Oswego Fire Protection District for$10,000.00; and WHEREAS, the Finance Committee of the City of Canton has determined that it is in the best interests of the citizens of Canton to place the remaining funds ($1,465.24) from the damage to the 1995 Freightliner rescue squad into the Fire Department depreciation account (account number 001-00- 11252); and WHEREAS,the City Council of the City of Canton has made similar determinations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS: 1. That the Purchase Agreement attached hereto and incorporated herein as Exhibit"A" with the Oswego Fire Protection District for the purchase of the 2005 International/Horton medium duty rescue squad and is hereby approved by the Canton City Council. 2. That the insurance proceeds from the damage to the 1995 Freightliner squad shall be used to satisfy the Purchase Agreement and that any funds remaining from these insurance proceeds are to be placed in the Fire Department depreciation account(account number 001-00-11252). 1 NLR Documents/Resolutions 3/01/2017 3. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Purchase Agreement on behalf of the City of Canton. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 7TH day of March 2017 upon a roll call vote as follows: AYES: Aldermen Gerald Ellis,John Lovell,Angela Hale,Craig West,Tad Putrich,Ryan Mayhew NAYS: None ABSENT: Alderman Justin Nelson ABSTAIN: None APPROVED: Je reA. FhtrrMayor ATT' /I _ LG Diana Pavley-'oc Cler NLR Documents/Resolutions 3/01/2017 RESCUE SQUAD PURCHASE AGREEMENT WHEREAS, this RESCUE SQUAD PURCHASE AGREEMENT, is made this 14 day of March, 2017, by and among the CITY OF CANTON, (hereinafter"Buyer") an Illinois Municipality, located at 2 North Main Street, Canton, Illinois 61520 and OWEGO FIRE PROTECTION DISTRICT, (hereinafter "Seller"), a fire protection district, located 3511 Woolley Road, Oswego, Illinois 60543 under the terms and conditions set forth below. I. Identification and Description of the Vehicle. Vehicle Year: 200ft Vehicle Make: International/Horton Vehicle Model:4300 Medium Duty Rescue VIN#: 1 HTMNAAM76H2349I8 2. Consideration. The total purchase price to be paid by Buyer to Seller for the vehicle is ten thousand dollars ($10,000.00)consisting of payment to be made as follows: (a) The full payment by Buyer by a City of Canton municipal check at the delivery of said vehicle. 3. Delivery and Conveyance of Title. Buyer shall pick up the vehicle and take possession of same at Seller's place of business (either in person or through a third party)on or before April I, 2017 (hereinafter"Delivery Date"). It is Seller's duty to ensure that the vehicle is delivered to Buyer in substantially the same condition as when last inspected by the Buyer. It is Buyer's duty, either in person or through a third party, to appear at Seller's premises during standard business hours on or before the delivery date to remove the vehicle from Seller's premises. However, if Buyer fails to appear at Seller's premises on or before the Delivery Date to accept possession of the vehicle, then risk of loss passes to Buyer on the delivery date. Seller shall convey good title to Buyer upon delivery of the vehicle to Buyer. Seller must be able to show that the title is free and clear from all claims and liens or that the lien holder will cooperate with any sale made. Seller shall provide to the Buyer the title to said vehicle on the Delivery Date. Seller agrees and covenants to execute all documents presented by Buyer which are necessary to finalize transfer of title and registration upon the vehicle to Buyer. Seller also agrees to furnish the Buyer any other documents necessary to transfer the ownership of the vehicle. 1 NLR Documents/Agreements 3/1/2017 4. Warranties. This vehicle is sold "AS IS" and Seller does not in any way, expressly or impliedly, give any warranties to Buyer. Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose. The Buyer has inspected the vehicle and accepts the vehicle as- is. Seller is not making any representations as to the condition and/or the value of this vehicle. As part of purchasing said vehicle in "as-in" condition, the Buyer acknowledges that upon delivery of said vehicle the Seller relinquishes and responsibility for said vehicle. 5. Odometer Declaration. Seller hereby states that the odometer in the vehicle now reads approximately/44i 4 miles and to the best of Seller's knowledge it reflects the actual mileage of the vehicle described herein. Parties acknowledge that the vehicle is not in active service by Seller 6. Buyer and Seller Representation. The individual signing this Agreement on behalf of Buyer represents to Seller that he/she has the power and authority to do so on behalf of Buyer, as voted on by the appropriate Buyer authorities. The individual signing this Agreement on behalf of Seller represents to Buyer that he/she has the power and authority to do so on behalf of the Canton City Council. 7. Buyer's Responsibility—Insurance and License. Buyer acknowledges that unless prohibited by applicable law, any insurance coverage, tags, plates or registration maintained by Seller on the vehicle shall be canceled upon delivery of the vehicle to, and the acceptance by buyer. 8. Continuation of Representations and Warranties. All representations and warranties contained in this Agreement, if any, shall continue in full force and effect after execution of this agreement. If either party later tem that a warranty et- representation -representation that it made is untrue, it is under a duty to promptly disclose this information to the other party in writing. No representation or warranty contained herein shall be deemed to have been waived or impaired by any investigation made by or knowledge of the other party to this agreement. 9. Indemnification of Attorneys Fees and out-of-pocket costs. Should any party materially breach this agreement, including representations and warranties made to the other side, the non-breaching party shall be indemnified by the breaching party for its reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by,the breach of this contract, including the breach of representations or warranties. 2 NLR Documents/Agreements 3/1/2017 - { This provision shall not limit in any way the remedies either party may otherwise possessed in law or equity relative to a breach of this contract. 10. Integration. This Agreement as incorporated by reference sets forth the entire agreement between the parties with regard to the subject matter hereof. All prior agreements, representations and warranties, express or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this Agreement. This is an integrated agreement. 11. Severability. In the event any provision of this Agreement is deemed to be void, invalid or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this agreement. All remaining provisions of this agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law. 12. Modification. Except as otherwise provided in this document, this Agreement may be modified, superseded or voided only upon the written and signed agreement of the parties. Further, the physical destruction or loss of this document shall not be construed as a modification or termination of the Agreement contained herein. 13. Acknowledgement. Each party acknowledges that it has had an adequate opportunity to read and study this Agreement,to consider it,to consult with attorneys if it so desired. 14. Exclusive Jurisdiction The parties, by entering into this Agreement, submit to the jurisdiction of Fulton County, Illinois for the adjudication of any disputes and/or claims between the parties under this Agreement. Furthermore, the parties hereby agree that the court of Fulton County, Illinois shall have exclusive jurisdiction over any disputes between the parties relative to this Agreement, whether said disputes sounds in contract,tort or other areas of law. 15. State Law. This Agreement shall be interpreted under, and governed by,the laws of the state of Illinois. 3 NLR Documents/Agreements 3/1/2017 IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, Seller and Buyer affix their signatures thereto. OSWEGO FIREPROTECTIONDISTRICT By: 1i:l—I/d6--tL//✓.✓� Title: AA/e., Gly Date: /11gde.41 /VI, yo (7 SUBSCRIBED AND SWORN TO BEFORE ME THIS iy44, DAY OF r _._ , 2017. "OFFICIAL SEAL" ld " Pue^WendyS. OF ILL ,1010 ►b tame" FO W(04/18u otary Public CITY OF CANTON, a Illinois Municipal Corporation By: l V Title: /C/'.fP 0.741' l`- Date: , ?-/V-/`T SUBSCRIBED AND SWORN TO BEFORE ME THIS i2 DAY OF/Aril ft'h , 2017. J OFFICIAL SEAL d .000)(1..._ > ,.. DIANA PAVLEY-ROCK !PUBLIC ST TE OF ILLINOIS otary Public rs.i�osm - -END OF DOCUMENT- 4 NLR Documents/Agreements 3/1/2017 Oswego Fire Protection District Sales Receipt 3511 Woolley Road Date Sale No. 3/14/2017 03142017 Sold To Canton Fire Department Check No. Payment Method Project Check Description Qty Rate Amount 2006 International/Horton Ambulance VIN# I 10,000.00 10,000.00 IHTMNAAM76H234918 Thank You Total $10,000.00 OSWEGO FIRE PROT DIST 3511 WOOLLEYROAD yy�n10 3990 OSWEGO IL 60543 DATE fVO?*. I4,aoi7 ECEIVE / ' 63101-554-2110 FAX 63d0-5548681 I �/�/'��/� FROM D Ci-I- Con _... $ {D'VVV� "�. DOLLARS FOR &oC �ni ambo aa4ei�8 �M0 CjIlK Ll CREDIT AMOUNT OF ACCOUNT $ CARD AMOUNT PAID $ f I' 4QI' Q CJnuf BALANCE CUE $ BYw '