2015/03/11 Council Agenda Packet

4 • PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Edmonds Police Depailuient(hereinafter "Seller"), and the City of Everett(hereinafter "Purchaser"). WHEREAS,the Seller desires to sell a trained K9 unit police dog to the Purchaser; and WHEREAS, the Purchaser desires to purchase the police dog from the Seller under the teims and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Property. The Seller has agreed to sell and the Purchaser has agreed to purchase the following described canine,to wit: Kira, a tan and black German Shepard,DOB 08/25/10. 2. Purchase Price. The purchase price for the canine described in paragraph 1 above shall be one thousand five hundres dollars ($1,500), which shall be paid by Purchaser to Seller by check immediately upon execution of this Agreement. 3. Warranties of the Seller. The Seller hereby warrants and represents to the Purchaser that the Seller owns the canine being conveyed herein, free and clear of any encumbrances, claims or contract rights; no approval or consent of any third person is required to effect the sale; and the execution and performance of this Agreement will not violate any agreements to which the Seller is a party or any federal, state or local laws, rules or regulations. 4. Hold Harmless Agreement. In purchasing the above-described canine from the Seller, the Purchaser 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. By acceptance of this canine, the Purchaser, for and in consideration of the transfer to the Purchaser of Kira, agrees to indemnify, defend and hold harmless the Seller, including the City of Edmonds, the Edmonds Police Department and its employees and agents, from any and all liability whatsoever, including all costs and attorneys fees that might arise from any acts engaged in by the aforesaid canine after Purchaser takes possession of the canine resulting from his/her training as herein described, as well as any other acts of said canine after Purchaser takes possession of the canine whether or not attributable to such training. The Purchaser furthermore agrees to waive any and all claims of liability insofar as the Seller, including the City of Edmonds, the Edmonds Police Department, its employees and agents, are concerned that might arise as a result of the Purchaser's use and/or possession of said canine. 1 12