HomeMy WebLinkAboutWhite River Township Volunteer Fire Dept, Inc./Acknowledgement, Transfer and Release of Liabilitye
ACKNOWLEDGEMENT, TRANSFER AND RELEASE OF LIABILITY
KNOW ALL BY THE PRESENTS, that the City of Carmel, an Indiana political subdivision
("Transferor'), pursuant to Indiana Code § 5-22-22-12, does hereby assign, transfer, convey and set over
unto the White River Township Volunteer Fire Dept., Inc., located at 12695 E. 256th Street, Cicero, IN
46034 ("Transferee'), all of the Transferor's rights, title and interest in and to the Transferor's 1996 KME
Renegade MFD Fire Engine, VIN #1 K9AF4288TN058336 (the "Fire Engine"), on the terms and
conditions set forth herein. The transfer of the Fire Engine is made on an as is basis. There are no
warranties made by the Transferor relating to the Fire Engine, its condition and/or value, express or
implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.
Pursuant to Indiana Code § 5-22-22-12(c), the Transferee will use the Fire Engine to provide fire
protection services.
The Transferee hereby releases and forever discharges and agrees to indemnify and hold harmless
the Transferor, its officers, elected officials and agents, and their successors, from and against any and all -
claims, demands, actions, causes of action, liabilities, losses and expenses whatsoever, including but not
limited to reasonable attorney's fees, arising out of or incurred with respect to the transfer, transport and
use of the Fire Engine from this date forward, including but not limited to its condition, operation and/or
use by the Transferee or any subsequent owners or users thereof.
ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE FIRE ENGINE TRANSFERRED
HEREUNDER IS TRANSFERRED "AS IS,,, "WHERE IS" AND WITH ALL FAULTS,
WITHOUT ANY REPRESENTATION OR WARRANTY BY TRANSFEROR.
XgobedandsrTorms1Whb RWrTwp VFD Transfer Release UaMy Fue Truck 6.7-17.docc611aM1711:55 AM
The undersigned persons hereby represent and certify that he/she has full power and authority to
execute this Acknowledgement, Transfer and Release of Liability.
IN WITNESS WHEREOF, Transferor and Transferee have executed this Acknowledgment,
Transfer and Release of Liability this h -day of�JV . 2017.
CITY OF CARMEL, INDIANA
By and through its Board of
Public Works and Safety
BY:
James Brainard, Presiding Officer
Date-
Christine Pauley, Clerk -Treasurer
)LWberlWerTcrmslWhde RiverTwpVFD Transfer Release Lialxft Fire Tnn:h 6.7-17.docx61161201711:55 AM
WHITE RIVER TOWNSHIP
VOLUNTEER FIRE DEPT., INC.
�-' �- 0 0j
Printed Name _
Title
Date
�'I7`0
ACKNOWLEDGEMENT. TRANSFER AND RELEASE OF LIABILITY
KNOW ALL BY THE PRESENTS, that the City of Carmel, an Indiana political subdivision
("Transferor"), pursuant to Indiana Code § 5-2222-12, does hereby assign, transfer, convey and set over
unto the White River Township Volunteer Fire Dept., Inc., located at 12695 E. 256th Street, Cicero, IN
46034 ("Transferee'), all of the Transferor's rights, title and interest in and to the Transferor's 1996 KNE
Renegade NFD Fire Engine,. VIN #1 K9AF4288TN058336 (the "Fire Engine"), on the terms and
conditions set forth herein. The transfer of the Fire Engine is made on an as is basis. There are no
warranties made by the Transferor relating to the Fire Engine, its condition and/or value, express or
implied, including but not limited to, warranties of merchantability or fitness for a particular purpose.
Pursuant to Indiana Code § 5-22-22-12(c), the Transferee will use the Fire Engine to provide fire
protection services.
The Transferee hereby releases and forever discharges and agrees to indemnify and hold harmless
the Transferor, its officers, elected officials and agents, and their successors, from and against any and all
claims, demands, actions, causes of action, liabilities, losses and expenses whatsoever, including but not
limited to reasonable attorney's fees, arising out of or incurred with respect to the transfer, transport and
use of the Fire Engine from this date forward, including but not limited to its condition, operation and/or.
use by the Transferee or any subsequent owners or users thereof.
ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE FIRE ENGINE TRANSFERRED
HEREUNDER IS TRANSFERRED "AS IS," "WHERE IS" AND WITH ALL FAULTS,
WITHOUT ANY REPRESENTATION OR WARRANTY BY TRANSFEROR.
XWbedandefformsMb River Twp VFD Transfer Release LiahiCdy fire Tmck 6.1-17.doa6116201711:55 AM
