HomeMy WebLinkAboutResolution No. 1989-02 RESOLUTION NO. 89-2
A RESOLUTION ENTERING INTO AN AGREE-
MENT WITH THE CANAVERAL PORT
AUTHORITY FOR SALE OF ONE- HALF
INTEREST IN 1986 FIRE TRUCK ;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1 . The Mayor and the City Clerk are hereby
authorized to execute an agreement with the Canaveral Port
Authority for sale of one-half interest in the 1986 Sutphen Fire
Truck; a copy of said Agreement is attached hereto and made a
part hereof by reference.
SECTION 2 . This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 3rd day of January , 1989.
4oe 0, �Q�12
ATTEST:
NAME YES fdC•
y Clerk Hooc
KMD III
'Approved 'As to Form: MILLER III
R4NDELS X
3ALAMCNE X
City At .ornela
ORIGINAL DOCUMENT
ONE OF TWO
PURCHASE AND SALE AGREEMENT
AGREEMENT made this 30 day of January, 1989, between
the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation ( the
"Seller" ) , and the CANAVERAL PORT AUTHORITY ( the "Purchaser" ) .
WITNESSETH
WHEREAS , the Seller is the owner of a 1986 Sutphen Firetruck
with Telescopic Aerial Platform, Identification Number VIN
1S983KBE1G1003422 , Engine Serial Number 6VF139408, hereinafter
referred to as the firetruck; and
WHEREAS , the Seller has offered to sell a one-half ( 1/2 )
interest in said firetruck to Purchaser, who has accepted.
NOW, THEREFORE, in consideration of the mutual promises con-
tained in this Agreement, it is agreed as follows:
1. Sale of Firetruck: The Seller shall sell to the Pur-
chaser a one-half ( 1/2 ) interest in its 1986 Sutphen Firetruck
with Telescopic Aerial Platform , Identification Number VIN
1S983KBE1G1003422 , Engine Serial Number 6VF139408, for a total
consideration of One Hundred Fifty Thousand and 00/100 Dollars
($150, 000. 00) , and shall be payable as follows:
A. A down payment of Fifty Thousand and 00/100 Dollars
($50, 000. 00) shall be paid at closing.
B. At closing, Purchaser shall execute and deliver to
Seller a promissory note in favor of Seller ( the "Note" ) . The
Note shall be in the principal sum of $100 , 000 . 00 . The Note
shall be payable in equal yearly installments of $50, 000. 00 each
and shall bear no interest. The yearly installments shall be due
and payable one year after the closing and on the same day of the
ensuing year until paid in full.
2 . Closing : The parties agree that the closing shall take
place on the 30 day of January, 1989.
3 . Covenants and Warranties : The Seller warrants and re-
presents that it is the sole owner of and has the right to sell
the interest in the firetruck covered by this Agreement.
4 . Insurance : The parties hereby agree that each shall
bear one-half ( 1/2 ) of the insurance premiums insuring the fire-
truck in such amounts as the Seller deems necessary.
5 . Housing: The firetruck shall be housed in the City of
Cape Canaveral.
6 . Benefit: This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto , their legal
representatives, successors and assigns.
7. Attorney's Fees and Costs: In the event any litigation
shall arise to enforce any of the provisions of this Agreement,
the prevailing party shall be entitled to recover all costs in-
curred including attorney' s fees.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
SELLER
CITY OF CAPE CANAVERAL, FLORIDA
ATTEST: ' 4 '
• j By: I -
ty' ,Clerk �. y•�
, .
PURCHASER
ATTEST: CANAVERAL PORT AUTHORITY
By: .�
S