Res 2026-039 Approving a interlocal agreemet with the City of Friendswood for the purchase of a 2000 pierece Ladder Truck to be used as a blocker truck.

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Decommissioning shall include, but not be limited to, the removal of all emblems of the Friendswood Volunteer Fire Department from the Fire Truck. 4.4 Title. Friendswood shall provide San Marcos with title to the Fire Truck along with a bill of sale, which shall be in the form that is attached hereto as Exhibit "A" (the "Bill of Sale") on the Date of Delivery, as defined hereinbelow. 4.5 Insurance. Friendswood shall continue to maintain insurance on the Fire Truck to protect against any damage until the Date of Delivery. Upon Delivery, San Marcos shall bear responsibility to include the Fire Truck on any applicable insurance policies to protect against negligence or other damage during transit to San Marcos. San Marcos's Responsibilities. 5.1 Purchase. San Marcos agrees to purchase the Fire Truck from Friendswood "AS IS" and "WHERE IS" upon the terms set forth herein. SAN MARCOS UNDERSTANDS AND AGREES THAT THERE ARE NO EXPRESS WARRANTIES OTHER THAN FRIENDSWOOD'S WARRANTY OF TITLE. NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, SHALL BE IMPLIED. 5.2 Purchase Price. San Marcos agrees to pay NINETY-NINE THOUSAND AND NO/100 DOLLARS ($99,000.00) (the "Purchase Price") to Friendswood for the purchase of the Fire Truck. Payment shall be made in full within thirty (30) days of the Effective Date by sending a check or money order to: City of Friendswood Attn: Accounts Payable P.O. Box 1288 Friendswood, TX 77549 5.3 Transfer. San Marcos, at is sole cost and expense, shall send employees to Friendswood to drive the Fire Truck to San Marcos at a mutually agreeable date and time as determined by Friendswood's Director of Emergency Services and San Marcos's Fire Chief; provided that (i) Friendswood has received payment in full as specified in Section 5.2 and (ii) such date and time (the "Date of Delivery") shall be within sixty (60) days of San Marcos's receipt of written notice from Friendswood in accordance with Section 4.3. Title to and risk of loss of the Fire Truck shall pass to San Marcos on the Date of Delivery. 5.4 Registration. Within fifteen (15) days of the Date of Delivery, San Marcos shall cause title of the Fire Truck to be transferred into its name in the motor vehicle records of the Texas Department of Transportation. 5.5 Representations and Warranties. SAN MARCOS REPRESENTS AND WARRANTS THAT IT UNDERSTANDS THE NATURE, CHARACTERISTICS, AND LIMITATIONS OF THE FIRE TRUCK, AND IS PURCHASING THE FIRE TRUCK FOR GOVERNMENTAL USE ONLY. SAN MARCOS'S POSSESSION OF THE FIRE TRUCK ON THE DATE OF DELIVERY SHALL BE AN UNQUALIFIED ACCEPTANCE OF AND A WAIVER OF ITS RIGHT TO MAKE ANY CLAIM AGAINST FRIENDSWOOD WITH RESPECT TO THE FIRE TRUCK OR ANY Interlocal Agreement for the Transfer of a Fire Truck, Page 2