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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 K-9 Purchase Agreement - Koen Page 1 of 2 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 K-9 Purchase Agreement - Koen Page 2 of 2