HomeMy WebLinkAboutAdams, Tory - K-9 Officer "Yogi" Agreement and Bill of Sale AGREEMENT AND BILL OF SALE FOR K -9 OFFICER "YOGI"
BY AND BETWEEN
CITY OF YAKIMA AND TORY ADAMS
THIS AGREEMENT AND BILL OF SALE is entered into by and between the City of Yakima and Tory Adams
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 Street, Yakima, Washington 98901.
B. Tory Adams (hereafter "Adams ") is a duly commissioned police officer employed by the City, retiring
from canine handler status as of July 1, 2015.
C. Yogi is a canine used as a K -9 officer of the Yakima Police Department, and has been handled by
Officer Tory Adams for several years. After six years of faithful service, Yogi is ready for retirement,
and the City as well as Officer Adams, find it fitting and proper that upon retirement Yogi should be sold
to Officer Adams so as to remain a part of the Adams' household where retirement accommodations
can be maintained.
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 Yogi. For and in consideration of One U.S. 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 Yogi, and the useful service life of K -9 officers.
(b) Upon execution of this Agreement and Bill of Sale by both parties, City will tender and
deliver Yogi and all right, title and interest therein, to Tory Adams, 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. Tory Adams, 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 Adams, 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 Yogi by Adams,
his heirs, successors and assigns, including any allegation of harm, injury to others or deficiency
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attributed to Yogi arising from any condition or training of Yogi occurring before and after the effective
date of this transfer and sale.
3. Disclaimer of Warranties. The City makes no warranty of any kind regarding Yogi, his disposition,
training or capabilities. The City specifically disclaims any and all warranties of merchantability and
fitness for intended purposes. By signature below, Adams accepts tender, delivery, ownership and
control of Yogi "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 S- - is executed and effective as and from the date signed by the
last party to sign below.
CITY OF KIMA TORY ADAMS
B IA
Tony : ° ourke, C Manager Tory Adams
Dated: , ,' 3 Dn ) Dated: ./ '),5
ATTEST:
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Sonja Claar\T � �e, City Clerk P '* t4'o �t
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RESOLUTION NO:
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