1919 American LaFrance Fire Engine Maintenance Use AgreementCITY OF
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1919 .American LaFrance Fire Enizine Maintenance Use Agreement
This Agreement is made and entered into as of the date of the last signing party below, by and
between the following:
City of Sheridan, a Wyoming Municipal Corporation, 55 E. Grinnell Plaza, Sheridan,
Wyoming 82801, hereinafter designated as "Sheridan"
and
IAFF Local #276, , Sheridan, Wyoming, 82801, hereinafter designated as
"Local 4276".
WITNESSETH:
WHEREAS, Sheridan has obtained a 1919 American LaFrance Fire Engine, hereinafter
"1919 Engine"; and
WHEREAS, the 1919 Engine was originally owned by Sheridan; and
WHEREAS, the Union desires to use the 1919 Engine for events and parades and the City
desires assistance in maintenance.
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performance contained herein, or attached and incorporated herein, the Parties hereto agree
as follows:
1. OWNERSHIP
i. The right of ownership of the 1919 Engine is unclear. The parties believe that it was
owned by American LaFrance. Surfside came into possession of the 1919 Engine in
2013. American LaFrance filed for bankruptcy in 2014. All of its assets were
liquidated at auction and the company was closed. No person, company or Court has
made any claim of ownership or demand of the 1919 Engine. The engine was loaned
to Sheridan from Surfside Beach, South Carolina. The agreement is attached and
incorporated herein as Exhibit A. Sheridan and Local #276 agree that they will abide
by the terms described therein
2. USE
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i. Local #276 shall have the exclusive right to use the 1919 Engine for parades and other
public events at any time provided such use has been approved by the City of Sheridan
Fire Chief. Said use shall not be denied without good cause. Good cause may include
but is not limited to potential inclement weather which could harm the 1919 Engine,
violation of a material term of this agreement, or failure of Local #276 to provide the
maintenance described herein.
ii. When Local #276 is not using the 1919 Engine for parades or other public events, the
engine shall be kept at a designated City storage site. The designated storage site shall
meet all storage requirements required per Exhibit A. The designated storage site must
be located within the City limits of Sheridan.
iii. The designated storage site may be open for public viewing. The City shall ensure that
the Engine is properly and securely protected from being climbed on or harmed by the
public. Local #276 shall have access to the storage facility to perform its obligations
and rights per this agreement.
iv. The City shall not loan or borrow the 1919 Engine for any event or purposed unless
approved by Local #276 in writing. Local #276 expressly grants the Sheridan County
Travel and Tourism Joint Powers Board (SCTT) to use the 1919 Engine for
promotional activities. SCTT shall be required to obtain permission from Local #276
prior to use to ensure that there are no scheduling conflicts.
3. TRANSFER AND TRANSPORTATION
i. In order to obtain the 1919 Engine, it will require transport of the engine from Surfside
Beach, South Carolina. Local #276 shall be responsible for the transportation of the
1919 Engine to Sheridan and all associated costs.
ii. The method of transport shall be at the discretion of Local #276, provided that any
vehicle used for the transportation of the 1919 Engine has valid vehicle insurance.
iii. Should Surfside require the return of the 1919 Engine, Local #276 and Sheridan shall
equally share all costs of transportation and return the 1919 Engine to Surfside, South
Carolina.
4. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants herein shall
inure to the benefit of and be binding upon Sheridan and Local #276 respectively and their
partners, successors, assigns and legal representatives. Neither Sheridan nor Local #276
shall have the right to assign, transfer or sublet its interest or obligations hereunder without
written consent of the other party.
5. ATTORNEY's FEES AND COSTS: That in the event it becomes necessary for either
Party to this Agreement to retain an attorney to enforce any of the terms or conditions of
this Agreement or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney's fees and costs.
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6. LITIGATION LOCATION: In the event that litigation is pursued under this Agreement,
it will be in the 4h Judicial District within and for Sheridan County, State of Wyoming.
7. MODIFICATION AND AMENDMENTS: Any amendment or modifications of this
Agreement or any provisions contained herein shall be made in writing and executed in the
same manner as this original document and shall after execution become a part of this
Agreement.
8. GOVERNMENTAL IMMUNITY: Sheridan does not waive its Governmental Immunity
as declared by Wyoming Statute.
TFF T ni" e r 407A
NAM
BY:
TITL
DAT]
CITY OF SHERIDAN, WYOMING
BY:
Richard Bn"dger, May6r
DATE:
ATTEST:
Ce c"(, a Gao(a, C; t- Clerk,,
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The transmission of this Contra4'. to any Vendo, or Party is intended for the purpose of
negotiation and review and in no circumstance is-onsidered an offer. Any change, edit or
suggestion made by any party is for the purpose of negotiation and review. This Contract
shall not be effective until approved and executed by the City of Sheridan City Council or
the authorized City of Sheridan Official.
MY Ore
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Equipment Loan Agreement
This Agreement is made and entered into as of the date of the last signing party below, by and
between the following:
City of Sheridan, a Wyoming Municipal Corporation, 55 E. Grinnell Plaza, Sheridan,
Wyoming 82801, hereinafter designated as "Sheridan"
and
Surfside Beach Fire Department, 115 Hwy J7, North. Surfside Beach, South Carolina
29527, hereinafter designated as "Surfside Beach".
WITNESSETH:
WHEREAS, Sheridan was the original owner of a 1919 American LaFrance Fire Engine,
hereinafter "1919 Engine"; and
WHEREAS, Surfside is in possession of the 1919 Engine originally owned by Sheridan
and desires to loan it to Sheridan; and
WHEREAS, Surfside Beach no longer wants the responsibility of care and maintenance
for the 1919 Engine and Sheridan desires that the 1919 Engine be displayed in the City of
Sheridan.
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performance contained herein, or attached and incorporated herein, the Parties hereto agree
as follows:
OWNERSHIP and POSSESSION
i. The right of ownership of the 1919 Engine is unclear. The parties believe that it was
owned by American LaFrance. Surfside Beach came into possession of the 1919
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Engine in 2013. American LaFrance filed for bankruptcy in 2014. All of its assets
were liquidated at auction and the company was closed. No person, company or Court
has made any claim of ownership or demand of the 1919 Engine.
ii. Surfside Beach is not making any warranty, assurance or guarantee as to title and
ownership of the 1919 Engine.
iii. Sheridan hereby agrees and warrants that if any Court or rightful owner demands the
return of the 1919 Engine, it shall do so without delay or interference. Sheridan is only
obtaining the 1919 Engine on the unconditional requirement that it return the 1919
Engine if so required. Sheridan acknowledges that it has no right of title or ownership
in or to the 1919 Engine.
iv. Surfside Beach shall have no right to demand the return of the 1919 Engine unless a
Court or rightful owner demands the 1919 Engine's return.
2. SHERIDAN RIGHTS AND OBLIGATIONS
i. Sheridan shall be allowed to use the 1919 Engine for any reason and purpose provided
that the 1919 Engine is maintained in the condition as of the date of transfer to Sheridan.
Sheridan shall be required to provide the following maintenance:
a. Cleaning and polishing bright work (nickel plated items) every six months.
b. Maintain air pressure in the tires by checking the tire pressure visually weekly
and with air gages every six months. Tires must be maintained with nitrogen.
c. Weekly dusting with The Original California Car Duster or equivalent.
d. Antique shall remain roped or cordoned off from the public.
e. Indoor temperature shall be maintained at approximately 70 degrees Fahrenheit
f. All windows that are in front of the 1919 Engine or allow sun to shine on the
engine must be rated to block 90% of the UV rays; alternatively, a window
shade or curtain may be installed to provide UV blockage.
ii. Sheridan shall provide casualty and liability insurance for the 1919 Engine with a value
at lease $75,000. Upon request from Surfside, Sheridan shall provide proof of
insurance.
3. TRANSFER AND TRANSPORTATION
i. Sheridan shall be solely responsible for transporting the 1919 Engine from Surfside
Beach, South Carolina to the City of Sheridan, Wyoming.
The date of transfer shall be agreed to by the parties, provided that such transfer occurs
prior to May 1, 2021. The method of transport shall be at the discretion of Sheridan,
provided that any vehicle used for the transportation of the 1919 Engine has valid
vehicle insurance.
iii. Should Surfside Beach require the return of the 1919 Engine, Sheridan shall pay for all
costs of transportation and return the 1919 Engine to Surfside Beach South Carolina.
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4. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants herein shall
inure to the benefit of and be binding upon Sheridan and Surfside Beach respectively and
their partners, successors, assigns and legal representatives. Neither Sheridan nor Surfside
Beach shall have the right to assign, transfer or sublet its interest or obligations hereunder
without written consent of the other party. Surfside expressly acknowledges and consents
to Sheridan entering into a contract with its local firefighter union, IAFF Local 9276,
allowing for IAFF Local #276 to use and maintain the 1919 Engine, provided such
agreement requires the return of the 1919 Engine pursuant to the terms described herein.
5. ATTORNEY'S FEES AND COSTS: That in the event it becomes necessary for either
Party to this Agreement to retain an attorney to enforce any of the terms or conditions of
this Agreement or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to make a claim for reasonable attorney's fees and costs.
6. LITIGATION LOCATION: In the event that litigation is pursued under this Agreement,
it will be in the 41 Judicial District within and for Sheridan County, State of Wyoming.
7. MODIFICATION AND AMENDMENTS: Any amendment or modifications of this
Agreement or any provisions contained herein shall be made in writing and executed in the
same manner as this original document and shall after execution become a part of this
Agreement.
8. HOLD HARMLESS PROVISION: Surfside Beach shall be indemnified and held
harmless for any claims, damages, or liabilities arising from any act, neglect, default or
mismanagement by Sheridan, its agents or employees. Sheridan does not waive its
Governmental Immunity as declared by Wyoming Statute.
SURFSIDE FIRE DEPAR
BY: Wf 64aw {
WMAM"Im
DATE: OV 2.64Zq-L f
T
CITY OF SHERIDAN, WYOMING
BY:
Richard Bridger, May r
DATE: Z D 2 l
ATTEST:
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