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Service Solicited - 2023 - Ada County Highway District - ACHD Agreement to Transfer Personal Property - 2011 Ford F250 Agreement to Transfer Personal Property This Agreement to Transfer Personal Property is made pursuant to sections 67-2322 to 67-2324 of the Idaho Code, and entered on this �day of jLAIJ 202 between Ada County Highway District, by and through its Board of Commissioners (hereinafter "ACHD"), and the City of Eagle, by and through its City Council (hereinafter "City of Eagle" or "Buyer"), both parties being bodies politic and corporate of the State of Idaho. WITNESSETH 1. Whereas, under Resolution Number 2406 on the ;day of Jtt _ , 20 -- the Board of Commissioners of ACHD found that the personal property described below was no longer useful to ACHD within the meaning of section 40-1309(2) of the Idaho Code, and not necessary to the use of ACHD in meeting its statutory duties and responsibilities within the meaning of sections 40- 1310 and 40-1406 of the Idaho Code; 2. Whereas, section 67-2322 of the Idaho Code, authorizes highway districts to transfer personal property to another such unit of government or to the United States, state of Idaho, any city or village with or without consideration. That section 67-2323 of the Idaho Code requires that prior to such transfer, a written agreement shall be made between units of government or districts for the transfer of personal property from one to the other with or without consideration. 3. Whereas, both ACHD and Buyer desire to enter into such an agreement. NOW THEREFORE, in consideration of the premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. General Provisions A. In consideration of the payment of Three Thousand Dollars ($3,000.00) by City of Eagle, the Buyer, the receipt of which is hereby acknowledged by the ACHD, the Seller. The Seller, has and does hereby grant, bargain, sell, convey, transfer and deliver to the Buyer the following-described equipment: Year Make Description I.D. Number 2011 Ford F250 Cab 4x2 1FTBF2A60BEA42356 B. Buyer has examined this equipment prior to this sale as fully as desired and accepts it as conforming in all respects. C. This equipment is sold "AS IS" and Seller does not in any way, expressly or impliedly, give any warranties. SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE. D. Buyer shall pay all sales tax and transfer fees incident to this sale, and shall reimburse the Seller, if the Seller pays them. E. ACHD shall publish notice of this Agreement pursuant to the requirements set forth in sections 40-206 and 67-2323 of the Idaho Code. Sections 40-206 and 67-2323 provide that Notice of the general terms of the agreement shall be published three (3) times. The Notice shall publish for two (2) consecutive times in a newspaper printed or of general circulation in the county or counties in which such respective units are located and having general circulation within such county or counties, with the first publication made not less than twelve (12) days prior to hearing and the third publication not less than five (5) days prior to the hearing. It also requires that the Notice shall give the time and place of the next regular or special meetings of each respective unit at which time the governing board of such units proposes to ratify such an agreement. Seller shall provide a copy of the affidavit of publication to Buyer or other evidence that provides proof of publication within seven (7) days from the last date of publication. F. Each party to this Agreement shall provide to the other, minutes or other documents evidencing that each party's governing board has ratified this Agreement. Each party shall provide such documents within fourteen (14) days from the date of the meeting where the board ratified this Agreement. Agreement to Transfer Personal Property - 1 (06/28/2023) CITY OF EAGLE ••,,, ..,,,. By: Jason e-c OF Eq C ..... l j �.;'�Q 0 R g 0 G o F. Mayor ATTEST: •— • SEP,I, ter:::::%,.•P,r�•,. By: ,p11/11119111,1• ADA COUNTY HIGHWAY DISTRICT By: Alexis Pickering Commission President ATTEST: By: Stacey Spen Executive O a er/Secretary of Board