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Home My WebLink AboutContracts & Agreements_186-2016 CITY OF REDLANDS "RETIRED" POLICE DOG RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT This Release, Waiver of Liability and Indemnification Agreement ("Agreement") is made and entered into as the date indicated below by and between and City of Redlands, a municipal corporation ("City") and SHARON GAITAN ("Private Party") as follows: The City of Redlands hereby transfers ownership of CHEWY ("Retired Police Dog"), a trained police dog, to Private Party, and will not require the Retired Police Dog's future services as a part of the Redlands Police Department's K-9 Unit. In consideration, Private Party agrees to assume full responsibility, ownership and control of the Retired Police Dog (including its -food, shelter, veterinary needs, and any other expenses related to the Retired Police Dog's care and upkeep), and promises, agrees, and covenants to the following waivers, release, and agreements to indemnify City, its officials, officers, employees and agents (collectively the "Indemnified Parties"). 1. Waiver and Release Private Party hereby waives all actions (whether legal, equitable or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation or otherwise), demands, claims, and causes of action, and other means of recovery, of whatever nature, for injuries to person (including without limitation death, dismemberment and emotional distress), or damages (whether to person, property or business and including without limitation all forms of monetary recovery, whether for general, special, compensatory, or punitive damages, loss of earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement. Private Party expressly acknowledges that he or she is familiar with Section 1542 of the California Civil Code which provides: "A general release does not extend to claims which the creditor does not Know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor" Private Party expressly waives and relinquishes any right and benefit which he or she may have under Section 1542 of the California Civil Code, or any State or federal statute or common law principle to similar effect, to the full extent that such rights and benefits may be lawfully waived pertaining to the subject matter of the waiver and release set forth in this paragraph. Private Party understands and acknowledges the significance and consequences of this specific waiver of Section 1.542 of the California Civil Code. 2. Indemnity and Hold Harmless. Private Party shall indemnify, defend (with legal counsel selected by City) and hold the Indemnified Parties, and each of them, harmless from and against any actions (whether legal, equitable or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation, or otherwise), demands, claims and causes of action of whatever nature, costs and expenses (including attorneys fees), judgments, orders, decrees, liens and other encumbrances, liabilities, injuries to person (including without limitation, death, dismemberment, and emotional distress), damages (whether to person, property, or business, including without limitation, all forms of monetary recover, whether for general, special, compensatory, or punitive damages, loss or earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement. 3. Notice of Claims, Private Party shall provide written notice to City within ten (10) days of the service on or delivery to Private Party of any claim, demand, suit, action, or other proceeding arising out of or in any way related to the subject matter covered under this Agreement. 4. Interpretation and Severability. Private Party further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall; notwithstanding, continue in full force and effect. This Agreement shall not apply to any actions, proceedings, demands, claims and causes of action arising from the actions of the Retired Police Dog occurring before the date of the Agreement. Private Party represents that he or she has had an opportunity to read this Agreement and seek the advice of independent legal counsel and is entering into the Agreement voluntarily. Name of Private Party (print): 6 Address: 4DC)11Nboo '��i.�I� � to �� )25')l SignatureJW/Mr �CJC a Date: 21-711(p Notary's Acknowledgement Required CALIFORNIA LL- L CIVIL CODE § 1189 ti m a. c, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County oft aYicN° e7 On 0'-11 071 before me, 1r rcr� w Date Here Insert Name an 'tie of the Officer personally appeared ?r' wti 4 re Name(s) of Signer(s) P who proved to me on the, basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their,authorized capacity(ies), and that by his/her/their signature(s),on the instrument the person(s), or the entity upon behalf of which the perso'n(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r�"*'O*�BRENDA000.NI dpn s 2iM,pg2 N ary P,bjrw•caNdfarnia Signature s ��rrISMA 3, Signature,of Nota Public nly 6a�wncn.E nc 4dar a3,20 "lace Notary Sea!Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to ars unintended document. Description of Attached Document &-ad o/it< Dog, ktl,ee.>p.� Title or Type of Document: 0eivee'of bpt,I4y Baacf ar; n Locum nt Gate: '?/oj f iat 01(e, Number of Pages: Signer(s) Other Than Named Abt ve: No nem apacityr(ies) Claimed by Signer(s) Signer's Name: )i arg r-t G ,4�ra Signer's Name: * Corporate Officer Title(s): F1 Corporate Officer — Ti;tle(s): * Partner --- ❑ Limited F] General 0 Partner — 0 Limited Ll General R'Individual C]Attorney in Fact 0 Individual El Attorney in Fact Ll Trustee I: Guardian or Conservator L1 Trustee 0 Guardian or Conservator I"D Other: 0 Other: Signer Is Representing: —le I _ _ Signer Is Representing...: "�.�°x � �f. .� .� �v94U.4�.rCA� w� m�:� ur� wa� �� ;Xv„,�_.��.,ro� � XXCs�' @2014 National Notary Association w. ationa]Notary.org - 1-800-US NOTARY (1-800-876-682.7) Item #5907 f i cc 46 2 CL 01 Q) , ,. 0 ICU CL uj (:D uj Cc i i r i i ya t 1 CL CL CL co CL iii 46 �] e (D cri ; CSS J []