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HomeMy WebLinkAboutC09-169 Bill of Sale, Acknowledgment and Indeminifcation Agreement~ f BILL OF SALE, ACKNOWLEDGMENT, AND INDEMNIFICATION AGREEMENT THIS BILL OF SALE, ACKNOWLEDGMENT, AND INDEMNIFICATION AGREEMENT "A reement" is made and executed this ~ ~ ~~ da of Ma 2009 b Ea le ( g ) Y Y~ ~ Y g County, Colorado (hereinafter referred to as "Eagle County") and the Regional Hazardous Materials Association of Eagle County, Colorado (hereinafter referred to as "RHMAEC "), being the recipient of the following trailers (hereinafter referred to as the "Trailers"); WITNESETH WHEREAS, Eagle County has elected to transfer ownership of these trailers to RHMAEC who will operate these vehicles for the greater good of Eagle County; and WHEREAS, Eagle County is willing to deliver title and RHMAEC is willing to assume the vehicle under the acknowledgments and indemnifications set forth hereunder, BILL OF SALE Known all persons that Eagle County, Colorado, of 500 Broadway, Eagle, 81631, County of Eagle, Colorado, in consideration of the transfer of fiscal management and the management of the collective assets of the Regional Hazardous Materials Association of Eagle County, does hereby transfer to the Regional Hazardous Materials Association of Eagle County of P.O. Box 1388, Avon, Colorado 81620 the following vehicles to have and to hold the same unto RHMAEC assigns, forever: • 1991 S & H Trailer VIN 140DPBB27MA117506 • 2003 Pace Trailer VIN 4P2WB20283U039307 • 2004 Haulmark Trailer VIN 16HGB20224U035361 • 2004 Haulmark Trailer VIN 16HGB20264U03 8117 WARRANTY OF OWNERSHIP. Eagle County warrants that it is the true and lawful owner of the Vehicles, and that the Vehicles are free of any and all legal claims, encumbrances, and offsets by others. Further, Eagle county warrants that it will defend RHMAEC against any and all lawful claims and demands whatsoever in relation to this bill of sale. ACKNOWLEDGEMENTS NOW, THEREFORE, in consideration of the delivery of title to the Vehicles, RHMAEC acknowledges and agrees to the following: 1. That these vehicles are being transferred in an "as is" condition. Other than Eagle County's warranty as to ownership stated above, RHMAEC understands that Eagle County makes no warranties, express or implied, as to the condition of the vehicle or its fitness for any particular use; and 2. That RHMAEC will, at all times, operate the vehicles in a lawful manner including maintaining adequate insurance coverage during their operation and use. INDEMNIFICATION NOW THEREFORE, in consideration of the delivery of title to the Vehicle and the acknowledgments herein, RHMAEC agrees to the following: To the extent allowed by law, RHMAEC, its successors or assigns, assumes all liability for and shall defend, indemnify, and save harmless Eagle County, its officers, agents, representatives and employees, .from all claims, loss, damage, actions, expenses, and liability resulting from, brought for, or on account of, any personal injury, threat of personal injury, or property damage received or sustained by any person or persons growing out of, occurring or attributable directly or indirectly, to the operation of the vehicle after the transfer of the same to RHMAEC. 11 SIGNATURE PAGE TO FOLLOW ll COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY COMMISSIONERS By: Sara J. Fisher, Chairman ATTEST: y F:: ~~ . ~~ ~ r BY. Clerk to the Boar REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY, COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ITS CHAIRMAN TO THE HAZARDOUS MATERIALS ASSOCIATION BOARD OF DIRECTORS J ~ u agle, Chairman TERM SHEET ~ t 1) Requested hearing date: May 26,2009 or June 2, 2009 2) Requester de artment: Emergency Management 3) TT tle: Bill of Sale for Hazardous Materials Trailers 4) Staff submitting: Barry Smith 5) Pur,~ose: To transfer the titles of four hazardous materials response trailers to the Regional Hazardous Materials Association of Eagle County. 6} Schedule: As soon as bill of sale is approved titles will be transferred. ~,..~w 7) Financial considerations: None. . .., :..~. 8} Other: RECEIVED ~IAY 2 0 2009 EAGLE COUiV°i`Y ATTORNEY ,~ ' ~~ gppD AS TO FORM By~ gie County Attorney's Office ~- By: Eagle County Commissioners' Office _-/~~ ~"~ 1 I