S-1261 - 04/14/2009 - PERSONAL PROPERTY - Ordinances Supporting Documents•
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SUBJECT: Surplus Property
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 14, 2009
FROM: Rania Serences, Purchasing Clerk
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board adopt the attached ordinance
declaring Fire Pumper #912 surplus, and to authorize its sale to the highest negotiated
buyer.
Background/History:
The attached ordinance authorizes the Village to sell Fire Pumper #912, which is the Villages'
second reserve pumper, a 1996 E- One /Hush Pumper, to reduce the size of our fleet. The pumper
is no longer needed for the Paid -On -Call Firefighters.
We have contacted B &P Apparatus, Inc. the broker that the Village has used in the past to
dispose of our used fire apparatus. They have appraised the pumper to have a market value of
between $60,000 - $90,000.
Recommendation:
Staff recommends that the Village Board adopt the attached ordinance authorizing the sale of the
surplus pumper.
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Last saved by Default J \WORDDOC \SURPLUS\2009 Surplus\2009 Fire Pumper doe
Last printed 4/8/2009 10 29 AM
ORDINANCE 2009 -PP -S -1261
AN ORDINANCE AUTHORIZING THE SALE BY BROKER
OF CERTAIN ITEMS OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF OAK BROOK
WHEREAS, in the opinion of a majority of the corporate authorities, it is no longer necessary or
useful or in the best interests of the Village to retain the item of personal property listed below, and
WHEREAS, the Village wishes to dispose of said property by sale,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows
Section 1 The foregoing recitals are incorporated herein as findings of the corporate
authorities
Section 2 Pursuant to 65 ILCS 5/11 -76 -4, the President and Board of Trustees find that the
J item listed below, now owned by the Village, is surplus property and is no longer necessary or useful to the
Village and the best interests of the Village will be served by its sale
1996 E- One /Hush Pumper
Serial Number 4ENBAAA81 V1006570
Section 3 Pursuant to 65 ILCS 5/11 -76 -4, the Village Manager is hereby authorized and
directed to dispose of the above item by sale, if possible
Section 4. This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law
APPROVED THIS 14th day of April, 2009
PASSED THIS 14th day of April, 2009
Ayes.
Nays
Absent
John W Craig
Village President
ATTEST-
Charlotte K Pruss
Village Clerk
B & P APPARATUS INC.
FIRE APPARATUS LISTING AGREEMENT
This Agreement is made this day of , 2009 , by and between
B & P APPARATUS INC., 1552 Bryan Ct. Aurora IL. 60504, ( Hereinafter referred to as
"B & P Apparatus ") , as sales agent,
(hereinafter referred to as "Owner "),
WHEREAS, in consideration of B & P Apparatus promise to use its efforts to sell the Fire
Apparatus (The "Apparatus ") hereby described as:
And in consideration of the mutual covenants, conditions and undertakings herein contained, the
parties agree as follows:
1. Beginning 12:01 a.m. Day_ Month — Year 2009 and terminating 11:59 p.m.
Day Month _ Year 2009 .
the undersigned Owner grants to B & P Apparatus the right to sell the Apparatus to qualified
purchasers; and to advertise the Apparatus.
2. The minimum listing price'-for the Apparatus shall be $ However, B & P
Apparatus has authority to sell the Apparatus for a greater amount and Owner may elect to
accept a lesser amount.
3. The undersigned Owner warrants and represents that Title to the Apparatus is in the name of
Owner , free and clear of all liens and encumbrances , and the Owner has the authority to sell
the Apparatus and the undersigned has the authority to bind the Owner to the terms hereof.
4. Possession of the Apparatus shall be given Provided payment in full has
been tendered by °Cashiers check or Bank transfer to Owner. Said vehicle will be sold "as is" no
warranty expressed or implied.
5. All permanently mounted pumps, generators, plumbing and electrical systems, fixtures all
hard suction hose, booster hose, ground ladders, warning lights, sirens, horns, all available
manuals, specifications and service records shall remain with the Apparatus, are included in
the sale price, and shall be transferred to the Buyer at the time of sale. The following specific
items shall also be left on the Apparatus and shall be conveyed to Buyer at time of sale:
6. The Owner warrants and represents that Title to all of the aforementioned equipment
remaining with the Apparatus is in the name of Owner, free and clear of all liens and
encumbrances, and equipment will be in good operating condition
at the time of sale, except for the following:
7. The Owner has no knowledge of any assessments or liens against the Apparatus and in the
event the Owner hereafter receives any notice of such, it will immediately notify B & P
Apparatus of the same.
8. B & P Apparatus sole duty is to arrange for the sale of the Apparatus. B & P Apparatus
shall have no responsibility for the custody or care of the Apparatus, its maintenance, upkeep or
repair. B & P Apparatus shall not be liable for any damage to the Apparatus. Owner shall
maintain adequate insurance coverage on the Apparatus during the term of this Agreement.
9. B & P Apparatus is authorized and shall, at sole cost to B & P Apparatus, advertise the
Apparatus for sale, take and retain any necessary photographs, and show the Apparatus at
reasonable times. Driving and pumping demonstrations, if necessary, will be the responsibility
of the Owner and will be provided at the Owner's expense.
10. Upon any final sale, the Owner agrees to furnish to Buyer a clear title for the Apparatus and
related equipment, free and clear of any liens or encumbrances.
11. If any sale of the Apparatus by B & P Apparatus is made by any party during the term
hereof, Owner agrees to pay B & P Apparatus a commission of 10% of the gross sale price.
12. In the event a sale is consummated through B & P Apparatus within 90 days after the
expiration of the term of this Agreement with a buyer who has viewed the Apparatus during the
term hereof or extension thereof, then the aforementioned commission shall be deemed earned by
B & P Apparatus.
13. Said commission shall be payable to B & P Apparatus at such time as payment is received
by the Owner at the time of closing or settlement.
14. Any earnest money deposit paid shall be held by B & P Apparatus as Escrow Agent, any
remaining balance shall be paid to the Owner at closing.
15. In the event of a buyer's forfeiture or default under a purchase contract, the earnest money
shall be split, 50% payable to Owner, and 50% payable to B & P Apparatus.
16. No alterations in the terms hereof shall be valid or binding unless made in writing and signed
by the parties hereto.
17 This Agreement represents the entire Agreement between the parties hereto and shall be
interpreted at all times in accordance with Illinois Law.
18. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of
and shall be enforceable by the successors and assigns of the parties hereto, except that the'
responsibilities of B & P Apparatus hereunder shall not be assignable.
19. In the event any provision of this Agreement is adjudicated to be invalid or unenforceable,
such invalidity or unenforceability shall not effect the other provisions or application of this
Agreement.
OWNER:
FISIM
TITLE:
ACCEPTED:
OWNER:
BY:
TITLE:
B & P APPARATUS, INC.
BY: Brian Clark
TITLE: President
DATE: Owner's Current Address.
APPARATUS TO BE STORED AND VIEWED AT:
B &P APPARATUS REV 05/02