HomeMy WebLinkAboutK-9 "Koen" Purchase Agreement AGREEMENT
THIS AGREEMENT made and entered into on this rAO'iday of August, 2020, by and
between the City of Auburn, a municipal corporation under the laws of the State of
Washington(the"City"), and Jeff Nelson(the"Buyer").
WHEREAS, the Auburn Police Department has one (1) canine ("K-9") dog known as
"Koen,"which the City desires to retire because of Koen's years of service and due to the
likelihood that Koen cannot be re-trained to a new officer; and
WHEREAS, Buyer desires to purchase said retired K-9 Koen;
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom and
One Dollar ($1.00) and other good and valuable consideration received by the City from
the Buyer, the parties herein do mutually agree as follows:
1. The City agrees to assign, convey and transfer all rights, title and interest in the
dog known as K-9 Koen to Buyer.
2. The City recognizes sufficient consideration, including Officer Nelson's payment
under the terms of this Agreement and the City's agreement to sell K-9 Koen in
lieu of other means of disposal and based on Officer Nelson's agreement to
release, acquit, and indemnify the City as set forth in paragraph 4.
3. Acknowledgment of Training and Release of Liability. In accepting transfer from
the City of the dog known as K-9 Koen, Buyer recognizes that said animal has
received training in police canine procedures and tactics, including, but not
limited to, attack training and other forms of aggressive conduct, and by
acceptance of this animal, Buyer, for and in consideration of the transfer to him of
K-9 Koen, agrees to hold harmless the City of Auburn, the Auburn Police
Department, and its officers, employees and agents from any and all liability
whatsoever that might arise from acts engaged in by the forenamed canine
resulting from his training as herein described, as well as any other acts of said
canine whether or not attributable to such training.
Buyer further agrees to waive any and all claims of liability insofar as the City of
Auburn, the Auburn Police Department, its officers, employees and agents are
concerned that might arise as a result of his use and/or possession of said animal.
It is further understood by Buyer that, in consideration of this transfer, the City
makes no representations concerning the health of the animal, which is transferred
"as is" and Buyer assumes all responsibility and obligation for the condition, care
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and acts, of said animal.
4. Indemnification. Buyer agrees to assume any and all risks from the date first
written above and the Buyer further agrees to release, indemnify and promise to
defend and save harmless the City, its officers, employees and agents from and
against any and all liability, injuries, loss, damage, expense, actions and claims,
including costs and reasonable attorney's fees incurred by the City, its officers,
employees and agents in defense thereof, asserting or arising directly or indirectly
on account of or out of said canine's activities from date of said transfer;
provided, however, this paragraph does not purport to indemnify the City against
liability for any activities of said canine prior to said transfer date.
5. Severability. If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void, insofar as it is in
conflict with said laws, the remainder of the Agreement shall remain in full force
and effect.
6. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall
be King County, Washington.
7. Officer Nelson agrees that Koen is solely is property and that he bears full
responsibility for Koen's care, behavior, and actions from the time of signing this
Agreement forward.
IN WITNESS WHEREOF, the City and Buyer have executed this Agreement the day
and year first above written.
CITY OF AUBURN BUYER
ancy :c ,us, Mayor f il;
APPROVED AS TO FORM:
CITY ATTORNEY
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