TRADE THE SKY ARM TRUCKS FOR A NEW 2006 PIERCE 100 FOOT AERIAL PLATFORMS
AGREEMENT
THIS AGREEMENT made this ,;?3-'- day of 5 ~ 2006, by and
between the City of Clearwater (Clearwater) and Pier Manufacturing Inc.
("Pierce").
WHEREAS, Clearwater is the owner of a two Pierce Sky Arm aerial apparatus,
job #11651 and #13953 (the "Sky Arm Trucks");
WHEREAS, Clearwater wishes to trade, and Pierce is willing to participate in the
trade of, both trucks for a two new 2006 Pierce 100' aerial platforms. Pierce will
submit a proposal to Clearwater that details the design and features of the new
100' aerial platforms.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Even Trade. The parties agree that the trade of the Sky Arm Trucks for a new
2006 Pierce 100' aerial platforms shall be an even trade with no additional
amount to be paid by Clearwater. The new 100' Pierce aerial platforms will be
built per the proposals submitted by Pierce. Clearwater may make changes to
the proposal or request additional items on the new trucks. Any additional items
or changes will be subject to additional charges.
Transfer of Title. Clearwater shall deliver to Pierce good and marketable title for
each Sky Arm Truck, free of any liens or other encumbrances. Transfer of the
titles shall take place within thirty days after the new trucks are delivered to
Clearwater.
Condition of Vehicle. Purchase of the Sky Arm Trucks by Pierce shall be
contingent upon the Trucks being in a condition satisfactory to Pierce on the date
of the transfer to Pierce. Trucks must pass all certification tests, all major
components shall be in good working condition, and there shall be no cab, body,
or aerial damage. City may remove Fire Department radios, and fire fighting
equipment only. All other bolted on components shall remain, including, but not
limited to sirens, warning lights, shelves, trays, NFPA ladder compliment, pike
pole compliment, electrical generator, reels, seats, SCBA brackets, etc...
Taxes. Clearwater hereby represents and warrants that it is exempt from any
federal, state or local taxes applicable to the transaction covered by this
Agreement.
No Liens. Clearwater hereby represents and warrants that, to the best of its
knowledge, no lien or other encumbrance has been placed on the Sky Arm
Trucks during the time they have been in the possession of Clearwater
Release of Claims. Clearwater hereby releases Pierce from any outstanding
warranty claims, cost or expense related to warranty or non-warranty repair work,
whether known or unknown, relating to the ownership, use or operation of the
two Sky Arm Trucks (Pierce job #11651 and job #13953) that Pierce is taking
back in trade. This release will be effective the date that Pierce takes possession
of the trucks.
Entire Agreement This Agreement constitutes the entire agreement between
the parties and supersedes any previous agreements, whether oral or written,
relating to the subject matter of this Agreement. This Agreement may not be
modified unless such modification is in writing and signed by both parties.
IN WITNESS WHEREOF, the Clearwater and Pierce have executed this
Agreement on the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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Frank V. Hibbard
Mayor
By:
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William B. Horne II
City Manager
Approved as to form:
Attest:
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L~~)~~iedi ;
IlN cyn~Gou~ .' "',"-
V City Clerk "/.""'" '. '. ._:,:~,
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PIERCE MANUFACTURING INC.
By:
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Mike Schoenberger
Vice President
Aftermarket Sales & Service