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HomeMy WebLinkAboutC-4235 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into this I }day of , 2019 ("effective date") between the City of Arcadia (hereinafter "City") and Officer Joshua Foulks ("Officer"). RECITALS A. Officer is a member of the Arcadia Police Department and has been assigned to the K9 Unit as a K9 Handler. B. Officer was, in conjunction with his/her assignment as a K9 Handler, given the care, custody and control of a certain police dog named "Zoli" ("Dog"). C. Dog has been specially trained to assist officers in law enforcement tasks and to respond to commands issued specifically by Officer. D. Dog is 5.5 years old, a normal retirement age for police service dogs. Based upon his age and current physical condition, it would be impractical for Dog to remain in service as part of the K9 Unit or to reassign Dog to a new canine handler. E. Dog is considered "surplus" property and City, upon recommendation of the Arcadia Police Chief, has agreed to sell Dog to Officer for the sum of $1.00. F. Officer wishes to adopt and purchase Dog. It is the City's intent to sell Dog to Officer subject to the conditions specified in this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. City hereby sells Dog to Officer for the sum of $1.00, payable at the time this Agreement is executed. Officer shall be the owner of Dog upon execution of this Agreement and payment of$1.00. 2. Officer agrees to and hereby assumes ownership and full responsibility for the care, maintenance, food, housing, medical and any and all expenses that result from or arise out of Officer's ownership of Dog. 3. Dog shall be maintained solely as a domestic pet by Officer. 4. City makes no warranties or representations concerning the health, nature or status of Dog, and Officer accepts ownership of Dog "as is." 5. Officer agrees that City shall have no further responsibility or liability for Dog or Dog's care after the date of this Agreement. 6. Officer agrees to defend, indemnify and hold harmless City and its officials, officers, employees, representatives, and agents with respect to any loss, damage, claim, injury or liability that arises out of, or is in any way related to, Dog or to Officer's ownership of or actions with Dog after the effective date of this Agreement. 7. Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Officer's ownership and possession of Dog. 1 8. Officer shall not transfer ownership of Dog without prior written approval of the Arcadia Police Chief. 9. This Agreement contains the entire agreement between the parties. No representations have been made by any of the parties or their representatives except as is contained herein, and any representations not expressed herein are invalid and unenforceable. This Agreement is valid on the effective date and may not be modified thereafter, except in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF ARCADIA OFFICER I ) Dominic Lazzarett: ' J.oshua Foulks City Manager ATTEST: l• i re , , I:'1,, '1 0`. ,ply City Clerk APPROVED AS TO FORM: CONCUR: ill: A ".')-z --16Z:111(2 i" it:i . s4-ca-4-4.4 Stephen P. Deitsch R•bert Guthrie) City Attorney Chief Police-Chief 2