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5 <br /> AGREEMENT <br /> THIS AGREEMENT made and entered into on this 2 day of ' -• <br /> 2006, by and between the City of Everett, a municipal corporation under the <br /> laws of the State of Washington, hereinafter referred to as the "City," and John <br /> DeRousse, hereinafter referred to as the "Buyer." <br /> WHEREAS, the Everett Police Department has one (1) German Shepherd dog <br /> known as K-9 Officer K.J.; and <br /> WHEREAS, the City desires to retire K-9 Officer K.J.; and <br /> WHEREAS, Buyer desires to purchase said retired K-9 Officer K.J.; <br /> NOW, THEREFORE, in consideration of the mutual benefits to be derived <br /> herefrom and Ten Dollars ($10.00) and other good and valuable consideration <br /> received by the City from the Buyer, the parties herein do mutually agree as <br /> follows: <br /> 1. The City agrees to assign, convey and transfer all rights, title and interest <br /> in the dog known as K-9 Officer K.J. to Buyer. <br /> 2. Acknowledgment of Training and Release of Liability. In accepting <br /> transfer from the City of the dog known as K-9 Officer K.J., a German <br /> Shepherd, Buyer recognizes that said animal has received training in <br /> police canine procedures and tactics, including, but not limited to, attack <br /> training and other forms of aggressive conduct, and by acceptance of this <br /> animal, Buyer, for and in consideration of the transfer to him of K-9 <br /> Officer K.J., agrees to hold harmless the City of Everett, the Everett Police <br /> Department, and its officers, employees and agents from any and all <br /> liability whatsoever that might arise from acts engaged in by the <br /> forenamed canine resulting from his training as herein described, as well <br /> as any other acts of said canine whether or not attributable to such <br /> training. <br /> Buyer further agrees to waive any and all claims of liability insofar as the <br /> City of Everett, the Everett Police Department, its officers, employees and <br /> agents are concerned that might arise as a result of his use and/or <br /> possession of said animal. <br /> It is further understood by Buyer that, in consideration of this transfer, the <br /> City makes no representations concerning the health of the animal, which <br /> is transferred "as is"and Buyer assumes all responsibility and obligation <br /> for the condition, care and acts, of said animal. <br />