HomeMy WebLinkAboutAgreement_General_11/09/2017_Michael Valerio, Cpl. VILLAGE OF TEQUESTA
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
FOR TRANSFER OF OWNERSHIP OF K-9 OFFICER "BOSS" FROM
THE VILLAGE OF TEQUESTA TO CORPORAL MICHAEL VALERIO
THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR
TRANSFER OF OWNERSHIP OF K-9 OFFICER "BOSS" FROM THE VILLAGE
OF TEQUESTA TO CORPORAL MICHAEL VALERIO, hereinafter the "Agreement",
is entered into and effective this q day of November 2017, 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 CORPORAL MICHAEL ANTHONY
VALERIO, an individual and a Corporal with the Village of Tequesta Police Department, whose
address is 1014 Sanctuary Cove Drive, West Palm Beach, Florida 33410, hereinafter "Va-
1 e r i o"; 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:
1. TRANSFER OF OWNERSHIP: The Village Council has previously taken action by the
adoption of Resolution 55-17 (attached hereto as Exhibit "A") to declare the Village's
police K-9 Officer "Boss" as surplus property and to authorize the Village Manager to pro-
ceed accordingly. As such, the Village hereby transfers ownership of K-9 Officer "Boss" to
Valerio as of the effective date of this Agreement. Likewise, Valerio hereby accepts owner-
ship of K-9 Officer"Boss"as of the effective date of this Agreement.
2. RESPONSIBILITY FOR CARE: Valerio accepts full responsibility for all daily care as
well as long term care for K-9 Officer"Boss." This shall include, but not be limited to: bath-
ing, 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
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR K-9 OFFICER BOSS
that K-9 Officer `Boss" will not be used in the future for any type of police work by any
agency,but rather will be Valerio's personal dog.
3. HOLD HARMLESS AND INDEMNIFICATION: Valerio 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
"Boss." Further, Valerio 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 Valerio or by any third party, that may arise directly or indirect-
ly out of Valerio's ownership of K-9 Officer "Boss" or that may arise directly or indirectly
from the actions of K-9 Officer"Boss" or that may arise directly or indirectly from the inten-
tional or negligent actions of Valerio related to his ownership and care of K-9 Officer"Boss."
Valerio 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 Of-
ficer "Boss" and/or the intentional or negligent actions of Valerio related to his ownership
and care of K-9 Officer "Boss." It is agreed and understood by the parties that upon the ef-
fective date of this Agreement, the Village shall have no further responsibility whatsoever
related to the care or the actions of K-9 Officer "Boss" and that all responsibility therefor
which the Village may have previously had shall be solely that of Valerio.
4. TERM; TERMINATION: This Agreement shall remain in full force and effect for the
entire remaining lifespan of K-9 Officer "Boss" and until the death and interment of K-9
Officer "Boss." Upon the death and interment of K-9 Officer `Boss," 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 "Boss" even if Valerio subse-
quently transfers ownership of K-9 Officer "Boss" to a third party while K-9 Officer"Boss"
is still alive. The Parties further agree that this Agreement shall not be subject to any form of
early termination.
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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR K-9 OFFICER BOSS
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 Agree-
ment shall not be filed with a court unless it is necessary to enforce any term or condition of
this Agreement.
6. 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 ANTHONY VALERIO
Michael Anthony alerio, Individually
ATTEST: VILLAGE OF TEQUESTA Lori McWilliams, MMC Michael Couzzo,Village Manager
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