HomeMy WebLinkAboutAgreement_General_8/12/2025_K9 Erik Donation VILLAGE OF TEQUESTA
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR TRANSFER OF
OWNERSHIP OF K-9 OFFICER "ERIK" FROM THE VILLAGE OF TEQUESTA
TO DETECTIVE MICHAEL LONEY
THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR
TRANSFER OF OWNERSHIP OF K-9 OFFICER" ERIK" FROM THE VILLAGE OF
TEQUESTA TO DETECTIVE MICHAEL LONEY, hereinafter the" Agreement", is entered
into and effective this 3rdday of July 2025, by and between the VILLAGE OF TEQUESTA, a
Florida municipal corporation with offices located at 345 Tequesta Drive,Tequesta,Florida
33469, hereinafter " the Village"; and DETECTIVE MICHAEL LONEY, an individual with the
Village of Tequesta Police Department,whose address is 933 NW Waterlily Pl,Jensen Beach,
FL 34957,hereinafter "Loney";and who are collectively referred to herein as" the Parties".
WITNESSETH
The Parties, in consideration of the mutual covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the
Parties, hereby agree as follows:
L TRANSFER OF OWNERSHIP: The Village Council has previously taken action by the
adoption of Resolution_-25 (attached hereto as Exhibit " A")to declare the Village's police K-
9 Officer"Erik"as surplus property and to authorize the Village Manager to proceed
accordingly. As such,the Village hereby transfers ownership of K-9 Officer"Erik"to Loney as
of the effective date of this Agreement. Likewise, Loney hereby accepts ownership of K-9
Officer"Erik" as of the effective date of this Agreement.
2. RESPONSIBILITY FOR CARE: Loney accepts full responsibility for all daily care as
well as long term care for K-9 Officer"Erik". This shall include, but not be limited to: bathing,
grooming, exercise,feeding,veterinary care,medications and kennel maintenance, all as needed,
as well as future arrangements for euthanization,funeral and burial; and including all expense
and cost associated with all of the above responsibilities. It is agreed by the Parties that K-9
Officer ' Erik" will not be used in the future for any type of police work by any agency but rather
will be Loney' s personal dog.
3. HOLD HARMLESS AND INDEMNIFICATION: Loney hereby agrees to and in fact
does release, waive,and discharge the Village, including the Village' s officers, employees
and agents;and covenant not to take any action in law or equity against the Village, including
the Village' s officers,employees and agents,regarding any and all known and unknown issues,
medical or otherwise,related directly or indirectly to the condition of K-9 Officer Erik"Further,
Loney hereby agrees to and in fact does indemnify and hold harmless the Village, including the
Village' s officers,employees and agents, from any and all liability for any loss or damage to
property, and for any personal injury or death, and for any claims for same which may be made
by Loney or by any third party, that may arise directly or indirectly out of Loney' s ownership of
K-9 Officer"Erik" or that may arise directly or indirectly from the actions of K-9 Officer"Erik"
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or that may arise directly or indirectly from the intentional or negligent actions of Loney related
to his ownership and care of K-9 Officer"Erik." Loney hereby agrees to and in fact does assume
full responsibility for any risk of bodily injury, death or property damage to himself and his
property, due to the actions of K-9 Officer "Erik" and/or the intentional or negligent actions of
Loney related to his ownership and care of K-9 Officer "Erik." It is agreed and understood by the
parties that upon the effective date of this Agreement, the Village shall have no further
responsibility whatsoever related to the care or the actions of K-9 Officer "Erik" and that all
responsibility therefor which the Village may have previously had shall be solely that of Loney.
I TERM: TERMINATION: This Agreement shall remain in full force and effect for the
entire remaining lifespan of K-9 Officer"Erik" and until the death and interment of K-9
Officer "Erik". Upon the death and interment of K-9 Officer"Erik",this Agreement shall
automatically terminate. The Parties further agree that this Agreement shall remain in full
force and effect until the death and interment of K-9 Officer "Erik" even if Loney subsequently
transfers ownership of K-9 Officer "Erik" to a third party while K-9 Officer"Erik"
is still alive. The Parties further agree that this Agreement shall not be subject to any form of
early termination.
5. BINDING AGREEMENT: This Agreement shall be deemed to constitute a contract made
and entered into under the laws of the State of Florida, and not a mere recital. This Agreement
shall not be filed with a court unless it is necessary to enforce any term or condition of this
Agreement.
IL AMENDMENTS & ASSIGNMENTS: This Agreement, and all Exhibits attached hereto,
constitutes the entire agreement and understanding between the Parties; no modifications
shall be made to this Agreement unless in writing, agreed to by the Parties, and attached
hereto as an addendum to this Agreement.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement the date and
year first above written.
WITNESSES: MICHAEL LONEY, INDIVIDUALLY
Date:
aft; ar mroI!y
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VILLAGE OF TEQUESTA
OF
ATTEST: ,v:� "9�`'G�'- By: Je y All n, Village Manager
Date:
!NCORPORATED
Lori McWilliams, MMC
Village Clerk
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