HomeMy WebLinkAboutCole, Roy - Purchase of OdiegEBASTIANCE POLI
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MEMORANDUM OF UNDERSTANDING. INDEMNITY AND
GENERAL RELEASE
This Memorandum is hereby entered into between Officer Roy Cole, and the City
of Sebastian, Florida, an incorporated municipality under the laws of Florida on behalf of
the Sebastian Police Department. This Memorandum memorializes the transfer of
ownership, custody, control and responsibility of Odie, formerly a K-9/working police
dog for the Sebastian Police Department.
As of 8/14/2020, Odie is no longer a K-9/working police dog owned by or
associated with the Sebastian Police Department. Odic is presently owned by Officer
Cole as his personal property. Therefore, Officer Cole is personally responsible for all of
Odie's costs and expenses, including, without limitation, the following:
0- Veterinary bills
Food costs
• Grooming costs
❖ Any other costs or licensing fees associated with private ownership of the
dog
The parties understand that Odie is a trained working police dog. Therefore,
Officer Cole hereby indemnifies, releases, holds harmless and forever discharges the City
of Sebastian and the Sebastian Police Department and their agents, officers and
employees from all causes of action, suits, debts, claims, damages or injuries whatsoever
in law or equity which may arise out of the conduct or private ownership of Odic.
This Memorandum may not be changed orally.
Further, Officer Cole states: 1) he has carefully read this Memorandum; 2) he
fully understands it's final and binding effect; 3) he is signing this Memorandum
voluntarily and with the full intent of indemnifying and releasing the City of Sebastian
as set forth; 4) he was not fraudulently induced, coerced, or intimidated into signing this
Memorandum; 5) he has not assigned the rights he is releasing hereunder; and 6) he has
not relied upon any oral or written statement or acts made by the City of Sebastian or its
agents, officers or attorneys.
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Officer Roy Cole
ATTEST:
- �Vette 1 hams, ty Clerk
Approved as to Form and Legality for
Reliance b e City o ti y:
army A n, City Attptiey
STATE OF V—bil �
COUNTY OF �i/�Cra a vi
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Date
CITY OF SEBASTIAN:
Paul Carlisle, City Manager
Sworn to (or affirmed) and subscribed before rye by means of physical presence OR
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Type of Identificalion Produced:
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Arden J. Greer Charitable Trust
349 Breakwater Terrace
Sebastian, Florida 32958
July 5, 2019
Chief Michelle Moms
Sebastian Police Department
1201 Main St.
Sebastian, FL 32958
Dear Chief Moms,
On July 3, 2019, after receiving your telephone call I spoke with my fellow
trustees both of whom confirmed past discussions we have had regarding
acceptable use of funds from the Arden J. Greer Charitable Trust.
Please accept this letter as an absolute expression of the Trustees concurrence
that funds from the Arden J. Greer Charitable Trust, directed to the Sebastian
Police Department, can and should be utilized to provide adequate medical care
for retired police dogs.
During our annual meetings we have often discussed the uses we, acting on
Aden's behalf, would consider appropriate expenditures of the funds. One such
discussion directly addressed the need to finance medical rare/services for
retired police dogs.
Arden worked closely with Chief Davis defining her goals and we, as Trustees,
are diligent and proud to be a part of fulfilling those goals.
Sincerely,
Nancy J. Greenwald/Robert Kyzer/Carol Malle Trustees