HomeMy WebLinkAboutVIII-13 Declare Surplus Property and Authorize for Public Sale - 1993 Fire Engine #3 City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: June 6, 2022
Item: Declare Surplus Property and Authorize for Public Sale
Council Action Requested:
Declare surplus property and authorize sale of Fire Engine 3.
Background Information:
The department will be taking delivery of a fire truck in July; this truck will be replacing a 1993 truck.
Ahead of the delivery, this truck will be placed for sale on the website of Brindlee Mountain Fire
Apparatus. Brindlee Mountain Fire Apparatus is a national fire truck buyer and seller with the widest
range of experience and expertise in the sale of used fire trucks.
The truck has been appraised between $25,000.00 to $35,000.00 and will be listed at $35,000.00; in the
event the truck does not sell at the $35,000.00 listed price, we will reduce in increments as needed per the
market.
Vehicle information:
Vin# 1XP-CHB8X-5-RN343047
1993 Peterbilt Custom Fire Engine
Miles: 65,625
Financial Impact:
Planned sale – new fire engine budgeted 2021 with delivery in 2022
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Council Workshop:
N/A
Attachments:
Brindlee Mountain Fire Apparatus Agreement
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BRINDLEE MOUNTAIN FIRE APPARATUS
15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786 ∙ Fax: 256-498-0924
Listing and Marketing Commission Agreement
The undersigned Seller and Brindlee Mountain Fire Apparatus, LLC (“Brindlee”) being duly authorized, hereby enter into
the following contractual agreement (the “Agreement”) effective as of _______________________, 20_____:
Apparatus: ____________________________ (the “Apparatus”)
Apparatus owned or exclusively offered for sale by: _________________________________________ (“Seller”) If
Apparatus not owned by Seller, then owner of the Apparatus: _____________________________________(“Owner”)
List Price: The price at which the Apparatus will be listed shall be _________________________, or such other price
agreed upon by Seller and Brindlee (the “List Price”)
Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the
right, but not the obligation, to market and advertise the Apparatus in any media of Brindlee’s choosing, including the
internet. Seller represents and warrants that the information provided to Brindlee by Seller, Owner and their agents and
representatives regarding the Apparatus is true and correct and Seller holds Brindlee harmless and indemnifies Brindlee
from any liability resulting from inaccuracies in such information. Seller agrees to pay Brindlee the commission set forth
below (the “Commission”) if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by
Brindlee (a “Referral”), or anyone acting on behalf of a Referral, whether or not the Apparatus is sold at the List Price.
The Commission shall be calculated as follows:
- The greater of 10% of the sales price or $500 if the subject Apparatus is sold for less than $125,000.00; -
7% of the sales price if the subject Apparatus is sold for a price from $125,000.00 to $200,000.00; and - 5%
of the sales price if the subject Apparatus is sold for a price above $200,000.00.
Payment of the Commission will be made to Brindlee within 30 days after the sale of the subject Apparatus. Seller shall
pay interest in the amount of 1.5% per month on Commission not paid within such 30 day period. Seller further agrees
that any additional costs incurred by Brindlee as part of collection efforts for past due Commission will be reimbursed to
Brindlee by Seller. The Commission rights of Brindlee and the Commission obligations of Seller set forth in this
Agreement shall survive expiration or termination of this Agreement.
Seller agrees to notify Brindlee at the time of sale of the Apparatus as to the sales price and the name and address of the
buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to
provide such information then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral
referred by Brindlee and the Apparatus was sold at the List Price. Seller may advertise and sell the vehicle on its own and
if the District’s advertisement shall result in the sale of the vehicle to a buyer not previously referred by Brindlee, no
commission shall be due to Brindlee.
Either party may terminate this Agreement at any time by notifying the other party in writing. If any sale of the
Apparatus takes place to a Referral previously referred by Brindlee within one year subsequent to termination of this
Agreement, Seller shall pay the same Commission to Brindlee as would have been paid if this Agreement had not been
terminated.
Seller agrees that Brindlee may list, market and sell other fire apparatus to prospective buyers who are interested in the
Apparatus, including but not limited to fire apparatus owned by Brindlee.
This Agreement shall create an independent contractor relationship between Brindlee and Seller. Brindlee shall at no
June 6 22
Peterbilt Engine
City of Hastings
N/A
$35,000.00
VIII-13
time be considered an employee of Seller. Seller represents that Seller has full authority to enter into this Agreement.
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This Agreement constitutes the entire agreement between the parties. This Agreement and the terms and conditions
herein may not be amended, modified or waived except by the written agreement of the parties hereto. The failure of
the parties to adhere to strictly to the terms and conditions of this Agreement shall not constitute a waiver of the right
of the parties later to insist on such strict adherence. This Agreement may be executed in any number of separate
counterparts and all such executed counterparts shall constitute one agreement, which shall be binding on the parties
notwithstanding that all parties are not signatories to the same counterpart or counterparts. Each party may transmit its
signature by facsimile or e-mail (.pdf or similar) to the other party or parties, and any faxed or e-mail signature and/or
faxed or e-mail counterpart of this Agreement shall have the same force and effect as an original. This Agreement shall
be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigns by execution and
delivery of this Agreement do hereby submit to the exclusive jurisdiction and venue of the state and federal courts
located in Marshall County, Alabama.
Agreed to by:
Seller : Brindlee:
______________________________________ BRINDLEE MOUNTAIN FIRE APPARATUS, LLC
[insert seller name above]
By: ___________________________________ By: ______________________________________
Name:_________________________________ Name:____________________________________
Title:__________________________________ Title:_____________________________________
Date:__________________________________ Date:_____________________________________
City of Hastings
Mary Fasbender
Mayor
6-6-2022
Kelly Murtaugh
City Clerk
6-6-2022
City of Hastings ______________________________________
[insert seller name above]
By: ___________________________________
Name:_________________________________
Title:__________________________________
Date:__________________________________
Seller :
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