R-43-04 05/20/2004At
+2 1 -oy
RESOLUTION NO. 04 -03
A RESOLUTION DECLARING SURPLUS PROPERTY AND
AUTHORIZING THE SALE OR DONATION
OF SURPLUS PROPERTY
WHEREAS, the Board of Trustees of the Lemont Fire Protection District (the
"District "), Cook, DuPage and Will Counties, Illinois, has the authority pursuant to 70
ILCS 705/10a to sell personal property no longer needed for fire protection purposes;
and;
WHEREAS, the District has determined that it is in the District's best interest to
sell the surplus property identified below.
NOW, THEREFORE, Be It Resolved by the Board of Trustees of the Lemont
Fire Protection District, Cook, DuPage and Will Counties, Illinois, as follows:
Section One: The District hereby finds that the personal property identified on
EXHIBIT A attached hereto and made a part hereof is no longer needed for Fire/EMS
purposes and is declared to be surplus.
Section Two: The identified surplus property shall be sold to the Lemont Police
Department of the Village of Lemont in the amount of One Dollar ($1.00)
Section Three: The sale shall be contingent upon agreement by the Lemont
Police Department that:
(a) the property will be for the sole use and purposes of the Lemont Police
Department, and
(b) the Lemont Police Department of the Village of Lemont properly executes
the Indemnity and Hold Harmless Agreement substantially in the form
contained in EXHIBIT B attached hereto.
(c) the Lemont Police Department will remove all Lemont Fire Protection
District lettering from property before any public display or use of
property is allowed.
Section Four: The sale shall further be contingent upon Agreement by the
Lemont Police Department of the Village of Lemont that at the time the identified
property ceases to be used solely for the purposes of the Lemont Police Department, the
Lemont Police Department of the Village of Lemont shall sell or otherwise dispose of the
identified property in any manner it sees fit.
Section Five: This Resolution shall be in full force and effect upon its adoption
and shall supersede any resolution or motions or parts of resolutions or motions in
conflict with any part herein and any such resolutions or motions or parts of resolutions
are hereby repealed.
Section Six: If any section, paragraph or provision of the Resolution shall be held
invalid or unenforceable for any reason, such invalidity or unenforceability shall not
affect any of the remaining provisions of this Resolution.
ADOPTE 1 this 20th day of May, 2004 by the following roll call vote:
AYES:
NAYS:
ABSENT:
ATTEST:
Glenn B. Bergmark,
Board of Trustees
Lemont Fire Protection District
chael F. Kasp- P/ ident
Board of Trus
Lemont Fire Protection District
STATE OF ILLINOIS )
) SS
COUNTIES OF COOK, )
DUPAGE AND WILL )
SECRETARY'S CERTIFICATE
I, Glenn B. Bergmark, the duly qualified and acting Secretary of the Board of Trustees of
the Lemont Fire Protection District, Cook, DuPage and Will Counties, Illinois, do hereby certify
that the attached is a true and correct copy of an Resolution entitled:
RESOLUTION NO. 04-03
A RESOLUTION DECLARING SURPLUS PROPERTY AND
AUTHORIZING THE SALE OR DONATION
OF SURPLUS PROPERTY
which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the
20th day of May, 2004.
I do further certify that a quorum of said Board of Trustees was present at said meeting,
and that the Board of Trustees complied with all the requirements of the Illinois Open Meetings
Act.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of May, 2004.
Glenn B. Bergmark
Secretary, Board of Trustees
Lemont Fire Protection District
EXHIBIT A
1995 FORD F -350 AMBULANCE
VIN #IFDKF37FXSNA11883
THE ABOVE DESCRIBED PROPERTY IS SOLD "AS IS ". THE SELLER MAKES
NO WARRANTIES OR REPRESENTATIONS EITHER EXPRESSED OR IMPLIED
ABOUT THE PERFORMANCE ABILITY OF THE PROPERTY, ITS PRESENT
STATE OF REPAIR, ITS CONDITION OR MAINTENANCE, ITS
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXHIBIT B
CONTRACT FOR SALE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of the Lemont Fire Protection District's (the "District ") sale of property
described as a 1997 FORD F -350 AMBULANCE, VIN #1FDKF37FXSNA11883 (the
"Subject Property"), the Board of Trustees of the Village of Lemont, (the "Purchaser") agrees to
pay the purchase price of $ 1.00 (One Dollar) and agrees to the following conditions:
Purchaser agrees that all understandings and agreements heretofore had between the
parties to this agreement are merged in this agreement, which alone fully and completely express
this agreement.
Purchaser represents that it receives the Subject Property "AS IS" and "WHERE IS ". In
particular, THE DISTRICT MAKES NO WARRANTIES OR REPRESENTATION
EXPRESSED OR IMPLIED ABOUT THE PERFORMANCE ABILITY, PRESENT
STATE OF REPAIR, CONDITION OR MAINTENANCE, OR THE
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
SUBJECT PROPERTY.
Further, the Purchaser agrees to indemnify and hold harmless the Lemont Fire Protection
District, its Board of Trustees, officers, employees, attorneys, consultants and agents from and
against any and all judgments, decrees, costs, expenses (including reasonable attorney's fees) or
any other loss the Lemont Fire Protection District might sustain by reason of the sale of the
Subject Property.
AGREED TO this day
of , 2004.
resid
Villag
nt, Board o ruste
of Lemont (Purch
ATTEST:
Secretary, Board of Trustees
Village of Lemont (Purchaser)
AGREED TO this day
of , 2004.
sident, Bo. .. % ees
Lemont Fire ° ection District (Seller)
ATTEST:
Secretary, Board of
Lemont Fire Protection District (Seller)