HomeMy WebLinkAboutSale of Evanston Police Department K9 Program DogSALE AGREEMENT FOR POLICE DEPARTMENT K8 PROGRAM DOG
THIS AGREEMENT, is entered into as of the latest date following the signatures
hereon, by and between the CITY OF EVANSTON, an Illinois municipal corporation and
home rule unit as described in the Illinois Constitution (hereinafter "City"), and Ted
Schienbein, an individual (hereinafter "Schienbein"); the City and Sohienbein are
collectively referred to herein as the "Parties".
WITNESSETH
WHEREAS, Evanston's Police Department maintains a K9 Program with dogs
that aid the Department in the performance of its services and duties (the "K9
Program");
WHEREAS, the City purchased a German shepherd named "Jack" for the K9
Program in 2006, Jack has recently become disabled, and will be decommissioned from
assistance within the K9 Program;
WHEREAS, Jack's handler, Police Officer Ted Schienbein; desires to purchase
Jack upon terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
hereinafter set forth, it is agreed between the Parties hereto, as follows:
1', The City represents that It is the legal owner of the animal named above
and has the right and ability to offer the dog for sale. The City offers to sell the eight -
year, old dog, Jack, to Schienbein for the purchase price of $1,00 (One and noll00
Dollars) and Scnienbein agrees to accept said offer.
2. This Agreement shall become effective on transfer of Jack from the City to
Schienbein, The animal is sold in an "as is" condition, the City makes no
representations as to the use of the dog as breeding stock, defects, and any.other
conditions regarding the animal. Jack has current vaccination and health papers
through the date of the transfer.
3. Waiver of Liability; Schienbein agrees that the City, the mayor, department
and divisions officials, officers, agents, attorneys, and employees of the City shall not be
liable for anv and all claims of env kind or in any amount for any injury to or death or
persons or damage to property of Schienbein or any other person resulting from actions
or inactions by Jack or Schienbein related to the subject animal, Schienbein shall
Indemnify and hold City harmless from all liability whatsoever. and from all losses,
costs, attorneys fees and expenses (including without limitation attorneys' tees and
expenses) incurred or suffered as a result of or related to any real or claimed damage or
injury related to Schienbein's negligence, gross negligence, or acts of intentional
misconduct related to the subject animal, purchase, and agreement.
4. Buyer agrees that the dog is not purchased for resale nor will it be used or
trained for activities which are illegal or for which it is not suited by reason of
temperament.
5. This Agreement shall be binding to the Parties and their respective
successors in interest, This Agreement is governed by and shall be construed in
accordance with the laws of the State of Illinois.
6. No amendment, waiver, or modification of any term or condition of this
Agreement shall be binding or effective for any purpose unless expressed in writing by
each of the Parties.
7, This Agreement expresses the complete and final understanding of the
Parties with respect to the subject matter as of the date of its execution. All Parties
acknowledge that no representations have been made which have not been set forth
herein,
8. in the event that any provision of this Agreement shall be held Invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
9. The undersigned represent that they have the authority to execute this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by the City Manager Q the Oily of Evanston and Ted Schienbein and their
signatures are affixed on this 1 day of.,b'r�v�c 2012.
CITY �OF EVANSTON
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City Man a r
Date: (J t `' t D
TED SCHIENBEIN
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