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HomeMy WebLinkAboutNunn, Timothy for K9 Mack SALE AND HOLD HA.R.MLESS AGREEMENT THIS AGREEMENT is entered into this�ay of /��vEm�3P,Q , 2017, by and between the City of Auburn, its agents, employees and assigns (hereinafter referred to as the °City") and Timothy Nunn (hereinafter referred to as Tim), his heirs and assigns. Police Canine Mack, having come to the end of his service duty, may be purchased by his handler, Tim, for the sum of one dollar and no/100 ($1.00). Tim Nunn seeks to purchase Mack under the terms of this Agreement and the City seeks to relieve itself of ownership of Mack and any potential exposure to additional costs and/or other issues that may arise during the remainder of Mack's life. Tim acknowledges and agrees that the City has no basis upon which to render any warranty or guarantee regarding Mack's suitability for non-law enforcement activities, including suitability as a traditional pet or suitability for any particular purpose, and accordingly the city offers no warrant or guarantee and disclaims any warranty in law or equity that might otherwise accompany a sale. Tim voluntarily accepts these conditions and disclaimers. For sufficient consideration, including Tim's payment under the terms of this Agreement and the City's agreement to sell Mack in lieu of other means of disposal and for other consideration as set forth in this agreement, Tim agrees to release, acquit and forever discharge the Cify of and from any and all actions, claims, demands, claims for attorney's fees or other claims of any variety on aceount of or in any way arising out of Tim's ownership of Mack. Tim specifically acknowledges that the sale of Mack is "as is" and that the Cify has not agreed to provide any further care or treatment for Mack as a condition of sale, and agrees that he will not make any claim against the City after the sale for anythirig associated with Mack`s medical or other needs or eonditions, whether those needs and conditions occurred prior to or after this sale. Tim agrees that Mack is solely his property and that he bea.rs ful.l responsibility for Mack's care, behavior and actions from the time of purchase forwatd. By signing this Agreement, Tim acknowledges that he has executed this Agreement of his own free will and is a voluntary act. c:i�� Timot .Nunn, P rchaser Bob Lee, Chief of Police Darnel B. Heid, i y Atto ey ancy Ba , Mayor