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HomeMy WebLinkAbout5164 (2) RESOLUTION NO. 5 1 6 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING A CERTAIN FIREARM AS SURPLUS PROPERTY AND APPROVING ITS SALE TO A RETIRED POLICE OFFICER WHEREAS, the City of Auburn Police Department owns a certain Sig Sauer firearm, Model P226, Serial # U430928 (the "Sig Sauer"); and WHEREAS, the City has removed the Sig Sauer from service and would like to surplus the firearm; and WHEREAS, William Sundqvist has recently retired from the Auburn Police Department and would like to purchase the Sig Sauer; and WHEREAS, William Sundqvist remains eligible to legally possess and own a firearm under state and federal law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. That the Sig Sauer firearm, Model P226, Serial # U430928 is hereby declared surplus and its sale to retired Auburn Police Officer William Sundqvist in accordance with the Sale and Hold Harmless Agreement set forth in Exhibit A attached hereto and incorporated herein by this reference is approved. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. -------------------------- Resolution No. 5164 July 27, 2015 Page.1 of 2 Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. ADOPTED AND SIGNED this 3�d day of August, 2015. CITY OF AUBURN ancy B . s, Mayor ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney -------------------------- Resolution No. 5164 July 27, 2015 Page 2 of 2 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT Is entered into thls 10 day of1 ,'�-- , 2015, by and between the City of Aubum, its agents, employees and assigns (hereinafter referred to as the"City")and William Sundquist, his helm and assigns. The Sig Sauer P226 Serial#U430928, having been removed from service, may be purchased by the prior assigned officer, William Sundqvist, for the sum of three hundred dollars and no/100 ($300.00). William Sundqvist seeks to purchase the said Sig Sauer under the terms of this Agreement and the City seeks to relieve itself of ownership of Sig Sauer and any potential exposure to additional costs and/or other Issues that may arise in the future. William Sundqvist acknowledges and agrees that the City has no basis upon which to render any warranty or guarantee regarding function or capacity of the said Sig Sauer and accordingly the city offers no warrant or guarantee and disclaims any warranty In law or equity that might otherwise accompany a sale. William Sundqvist voluntarily accepts these conditions and disclaimers. For sufficient consideration, including William Sundgvist's payment under the terms of this Agreement and the City's agreement to sell the Sig Sauer In lieu of other means of disposal and for other consideration as set forth in this agreement, William Sundqvist agrees to release, acquit and forever discharge the City of and from any and all actions, claims, demands, claims for attorney's fees or other claims of any variety on account of or in r any way arising out of William Sundgvist's ownership of the Sig Sauer. William Sundqvist specifically acknowledges that the sale of the said Sig Sauer Is "as Is" that the City has not agreed to provide any further care, parts or repair for the said Sig Sauer as a condition of sale, and agrees that he will not make any claim against the City after the sale for anything associated with the said Sig Sauer or other needs or coriditiorfs, whether those needs and conditions occurred prior to or after this sale. William Sundqvist agrees that the said 41g Sauer is solely his property and that he bears full responsibility for tNe Sig Sauer's care, safety and actions from the time of purchase forward, By signing this Agreement, William Sundqvist acknowledges that he has executed this Agreement of his own free wi11 and is a voluntary act. William Sund t P tiree),-Purchaser By: Bob Lee, Chlbf of Police On behalf of the City of Auburn