HomeMy WebLinkAboutWalters, Robert - Sale of Canine Officer "Covah"AGREEMENT AND BILL OF SALE FOR CANINE OFFICER "COVAH"
BY AND BETWEEN
CITY OF YAKIMA AND ROBERT WALTERS
THIS AGREEMENT AND BILL OF SALE is entered into by and between the City of Yakima and James Yates
for the uses and purposes stated below.
I. Recitals
A. The City of Yakima, hereafter called "City," is a municipal corporation of the State of Washington, with
City Hall located at 129 North 2"d Street, Yakima, Washington 98901.
B. Robert Walters (hereafter "Walters") is a duly commissioned police officer employed by the City.
C. Covah is a canine used as a Police Service Dog of the Yakima Police Department, and has been handled
throughout his career by Officer Walters. After three years of faithful service, Covah is also ready for
separation from service, and the City and Officer Walters find it fitting and proper that, upon separation,
Covah should be sold to Officer Walters so as to remain a part of the Walters' household.
D. The parties desire to enter into this Agreement and Bill of Sale to accomplish these purposes and ends.
II. Agreement and Bill of Sale
WHEREFORE, in consideration of the mutual covenants, conditions and promises herein, the parties agree as
follows:
1. Sale of Covah. For and in consideration of One Dollar ($1.00) in hand paid and received, City hereby
agrees as follows:
(a) City has declared the chattel surplus to the uses and needs of the City, in recognition of the
years of service of Covah, and the useful service of Police Service Dogs.
(b) Upon execution of this Agreement and Bill of Sale by both parties, City will tender and deliver
Covah and all right, title and interest therein, to Robert Walters, as is and where is, without
warranty of any kind, and specifically disclaiming any and all warranties of merchantability
and/or fitness for intended purpose.
2. Indemnification and Hold Harmless. The above sale and transfer is contingent upon and subject to this
specifically negotiated provision. Robert Walters, for himself, his marital community, and all persons
claiming through him or on his behalf, agrees to defend, indemnify and hold harmless the City of Yakima,
together with its elected and appointed officials, employees, agents, insurers and volunteers, from any
and all claims, damages, suits, penalties, costs, and liabilities of whatever nature, presented or claimed
by Walters, his heirs, successors and/or assigns, or by any third party or parties, arising out of this transfer
and sale, and/or out of the possession, ownership and use of the canine Covah by Walters, his heirs,
successors and assigns, including any allegation of harm, injury to others or deficiency attributed to
Covah arising from any condition or training of Covah occurring before and after the effective date of this
transfer and sale.
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3. Disclaimer of Warranties. The City makes no warranty of any kind regarding Covah, his disposition,
training or capabilities. The City specifically disclaims any and all warranties of merchantability and
fitness for intended purposes. By signature below, Walters accepts tender, delivery, ownership and
control of Covah "as is and where is."
4. Entire Agreement. This Agreement and Bill of Sale constitutes the entire agreement of the parties and
shall not be amended or modified except in writing signed by both parties.
5. Binding on Parties, their Heirs, Successors and Assigns. This Agreement and Bill of Sale shall be
binding on the parties hereto, together with their heirs, successors and assigns.
6. Governing Law and Venue. In the event of any action or legal proceeding to enforce this Agreement
and Bill of Sale, or any legal proceeding arising out of the subject matter of this Agreement and Bill of
Sale, venue for any action shall lie in Yakima County.
7. Agreement Deemed Bill of Sale. Upon execution of this Agreement and Bill of Sale by all parties, this
document shall be deemed the Bill of Sale for the disposition of the chattel named and described.
WHEREFORE, this Agreement and Bill of Sale is executed and effective as and from the date signed by the last
party to sign below.
CITY OF YAKIMA ROBERT WALTERS
By: CIY2N
Cliff Moore, CLry Manager Robert Walters
Dated: 6 I -[ I-oig Dated: Z7A8'
ATTEST:
Olt
City Clerk
CITY CONTRACT NO:
RESOLUTION NO'
,7v/S -056
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