Loading...
HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - FREEWHEELS BIKESTransportation Services Transportation Demand Management SMARTTRIPS commuter choice Date: Subject: Transfer of Freewheels Commuter Bikes This letter of understanding and agreement between the City of Fort Collins and (hereafter referred to as "the Receiving Agency") is hereby executed to affect the transfer of the following equipment: TWO (2) SPECIALIZED COMMUTER BIKES, WITH THE FOLLOWING SERIAL NUMBER: P3HH32053 AND P3HH32339; ONE (1) BREEZER COMMUTER BIKE, WITH THE FOLLOWING SERIAL NUMBER: MT30601985 The above said equipment is being transferred to with the understanding that the equipment is to be used to keep the Freewheels Commuter Bike program alive as long as the bikes remain in good, safe operating condition. The above said equipment is being transferred to the Receiving Agency with the understanding that the equipment is being accepted in "as -is" condition and no guarantees or warranties of any kind are attached. It is the sole obligation and responsibility of the Receiving Agency to determine whether or not the above said equipment is safe for use. In addition, all care, maintenance, or repair costs are the sole responsibility of the Receiving Agency. The Receiving Agency hereby releases the City of Fort Collins, and its officers, employees, volunteers, and agents, both in their personal and official capacities, (collectively, "Releasees") from any and all liability for any and all claims and causes of action which it may hereafter have on account of any and all injuries and damage to any person, property, or loss of any other sort, arising out of or relating to the use or possession of the above said equipment, or incident thereto, whether caused by the negligence of the Releasees or any other person. In addition, the Receiving Agency covenants and agrees not to sue any of the Releasees, and agrees to forever hold them and each of them harmless, from any liability, claims, demands, actions, or causes of action whatsoever arising from the use or possession of the above said equipment, whether such liability, claims, demands, or actions are the result of the negligence of the Releases or any other person. This release of liability, covenant not to sue, hold harmless agreement shall be binding 250 North Mason Street • Fort Collins, CO 80524-4407 • (970) 224-6126 • (970) 416-2408 FAX