HomeMy WebLinkAboutR-83-09313-83-358
8! 1 1 '8 3'r r 83-931►
KESOL iJ T [ON NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO CONDITIONALLY SELL ONE 1952 PETER
PIRSCII SURPLUS FIRE TRUCK, I.D. NO.
197901 TO THE GREATER MIAMI COOE 111
ASSOCIATION FOR THE NOMINAL AMOUNT OF $10
PURSUANT TO THE TERMS AND CONDITIONS SET
FORTH IN THIS RESOLUTION AND IN T H L
ATTACHED BILL OF SALE.
WHEREAS, the greater Miami Code #1 Association is a
nonprofit organization dedicated to assisting the Fire
Service in carrying) out its mission of protecting life and
property, and providing assistance regarding support and
comfort to Fire Fighters at: the scene of major emergencies;
and
WHEREAS, the City of Miami has one 1952 Peter Pirsch
surplus Fire Truck, I. D. No. 19790, which it will
conditionally sell to the Greater Miami Code ll1 Association,
for the nominal amount of $10, and said fire truck shall
remain the property of said Association as long as it is
used by said Association for public purposes as outlined in
the attached bill of sale, and should the Association no
longer require the use of the fire truck, the ownership of
said truck will revert back to the City; and
WHEREAS, the said truck will be restored and used by the
Greater Miami Code lit Association at parades, public
displays, competitions and the Florida Antique Bucket Brigade
Musters, etc.; and
WHEREAS, expenses regarding use, travel maintenance, and
upkeep will be the responsibility of the Greater Miami Code
#1 Association;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
oCT 25 1983
RESOlUl10:. ,, 83�:
REM�!RKS
4 6
Ser_tioil 1.
The City 1-1an;I(It,r is
hPrehV 3uthnri7Qd
to
cnndit. ionally ,oII
orie
1952 Peter Pirscti
5tit-0113 fire Truck,
I .D. No. 19790,
to thr
irF'.3ter t4iaini
Code I!1 As9or i inn
fur
tht3 nominal sum
of $10,
with the 1 imi
t a`. ions as nut l i110d
in
the I)reain e Ln
tti i s
resnlut inn mid
in the at t-arhed hill
of
sale.
PASSFI) AND ADOP TFO t_h i 9 25th day o f October 1 1983
EST:
\ RAI_ H . OONGTE
-TTY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4-2 AAl��- Zo��
SOIL 11. unrtu i m-
ITY ATTORNEY
-2-
Maurice A. Fer.re
MAURII-F A. FERRE
M A Y 1) R
83-9 31
AGR EE,NENT AND CONDITIONAL [TILL OF
SALE
THIS AGREEMENT made and entered into this day of
, 1983 by and between the CITY OF MI;0II, a
municipality of the State of Florida, hereinafter referred as
CITY, and the GREATER MIAMI CODE. # 1 ASSOCIATION, INC., a
non-profit organization of the State of Florida, hereinafter
referred as BUYER.
WITNESSE TH
WHEREAS the GREATER MIAMI CODE # 1 ASSOCIATION is a non-
profit organization dedicated to assisting the fire service in
carrying out its mission of Protecting life and property, and
provides assistance, and support and comfort to City firefighters
at the scene of major emergencies; and
WHEREAS, the GREATER MIAMI CODE # 1 ASSOCIATION desires to
purchase one surplus
fire truck,
a
1952 Peter Pirsch,
ID
No.
19790, from the CITY
OF MIAMI, to
be
restored and used
by
the
GREATER MIAMI CODE # 1 ASSOCIATION solely for public display at
parades, competitions, and the Florida Antique Bucket Brigade
Musters; and
WHEREAS
the
CITY OF
MIAMI in order to maintain an ongoing
relationship
with
the Code
# 1 Association, desires to sell one
surplus fire truck, a 1952 Peter Pirsch, ID No. 19790 to the
Code # 1 Association, and
WHEREAS, if said surplus fire truck is used for any other
purpose other than those outlined herein, the CITY will have the
right to recover title and possession of said surplus fire
t ruck;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND TERMS
AND CONDITIONS HEREINAFTER SET FORTH it is agreed as follows:
1. For the value received of Ten ($10.00) Dollars, the
CITY hereby sells, assigns and transfers to the BUYER all of its
rights, title and interest in and to one surplus fire truck, a
1952 meter Pirsch, ID No. 19790, hereinafter referred to as FIRE
TRUCK.
83-931
2. T"IJYEF acttees that the FIF:h `RUCK is to he used for the
express ourpost of cestorat 'ton of and use icy✓ the GF;Er1TE :z II NiiI
CODE 0 1 Ac")SOCIATION for displays at parades, competitions and
the Flori(7a Antique Bucket Brigade Muster. If the FIPE TRUCK is
used for any other purpose, CITY will have the right to recover
title and possession of the FIKE TRUCK under this Agreement.
3. The title to the FIRE TRUCK herein described shall pass
to BUYElk upon execution of this Agreement And Conditional Rill of
Sale.
4. The FIRE TRUCK is for BUYER's account anti risk upon
execution of this Agreement And Conditional Bill of Sale.
5. There are no warranties express or implied of mer-
chantability or otherwise which extend beyond the above descript-
ion of FIFE TRUCK and BUYER elects to buy FIRE TRUCK as is, in
accordance with the terms and conditions of this Agreement And
Conditional Bill of Sale.
5. BUYER shall obtain and maintain at its own expense for
so long as FIRE TRUCK remains in its possession insurance
protecting the interest of CITY against loss and damage or
destruction of or to the said FIRE TRUCK.
7. Said FIRE TRUCK shall not be used in connection with
any violation of Federal, State or Focal law.
a. This contract shall be construed and enforced in
accordance with the laws of the State of Florida.
9. BUYER shall not sell, lease, transfer or assign its
title or possession of the FIRE TRUCK. In the event of a sale,
lease, transfer or assignment of FIRE TRUCK, the CITY will have
the right to recover title and possession of said TIRE TRUCK.
10. In the event suit is instituted by CITY to recover
title and possession of the FIRS: TRUNK, under the terms and
conditions of this Agreement And Conditional Bill of Sale, CITY
shall be entitled to recover reasonable attorney's fees.
IN WITNESS WdEREOF the parties hereto hereby execute this
2
i
agreement this uav OIL
ATTEST:
Secretary
taTEST :
, 1983.
GREATER MIAMI CODE = 1
ASSOCIATION, INC.
By:
CITY OF MIAMI, a municipal
corporation of the State
of Florida
By:
RALPH G. ONGIE HOWARD V. GARY
City Clerk City Manager
APPROVED AS TO FORM AND CORREECTNFSS:
JUSE; h. GARCIA-P�DROSA
City Attorney
BB/wpc/ab/059
3 83-9,31
Alb
CITY OF MIAMI, FLORIDA
INTER-OFt; IC9 . MEMORANDUM
To Howard V . Gary DnTF 'Aug5st 3, 1983 FILE
City `Tanager
SUBJECT Conditional Sale of 1952 Surplus
f�f Fire Truck
FROM H.W. Brice, Chief REFERENCES City Commission Meeting Scheduled
Director for September i, 1983
Department of Fire, Rescue S ENCLOSURES
Inspection Services
It is recommended that the attached resolution
authorizing the City Manager to execute a
conditional sale of one (1) 1952 surplus Peter
Pirsch fire truck to the Greater Miami Code #'1
Association for the sum of $10.00 be approved.
. The Greater Miami Code #1 Association is an organization of private
citizens dedicated to assisting the fire service in carrying out its
mission of protecting lives and property. They are a positive bridge
to the citizenry and a welcome auxiliary to the fire fighting forces
of Miami and all of Dade County by providing support and comfort at
the scene of major emergencies. The surplus 1952 Peter Pirsch fire
truck to be conditionally sold will be used by the Association at
parades, public displays, competitions and the Fire Antique Bucket
Brigade Muster. The truck will be used solely for public purposes or
the title will automatically revert back to the City of Miami.,
Expenses regarding use, travel, maintenance, upkeep and liability will be
the responsibility of the Greater Miami Code #1 Association.
The positive benefits, such as citizen awareness of the fire services,
community stimulation and support, and the public relations to be derived
are well worth the sale and transfer with its attached restrictions.
The purpose of executing this agreement as a sale, with the expressed
restrictions, as opposed to a lease agreement, is to avoid possible
liabilities to the City of Miami.
[73"" 931