HomeMy WebLinkAboutInterlocal Agreements - 2013.12.12 - 6523
Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Oakland County Corporation Counsel
From: Ida Herron – Clerk/Register of Deeds – Elections Division
Date: 1/14/2014
Re: MR #13313
Enclosed is a copy of Miscellaneous Resolution #13313 – Sheriff’s Office – Amendment to MR #13249-Addition of K-9 Dog. They have been sent to the Office of the Great Seal.
If you have any questions, please call 248-858-9454.
January 14, 2014
Michigan Department of State Office of the Great Seal
108 South Washington Square, Suite 1 Lansing, MI 48918
Dear Office of the Great Seal:
On October 2, 2013, the Board of Commissioners for Oakland County entered into an agreement per MR #13249 – Sheriff’s Office – Addition of K-9 Dog.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and Deputy Craig Pesko and the authorizing Board of Commissioners Resolution are
enclosed for filing by your office. Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds County Service Center, Building #12 East 1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely, COUNTY OF OAKLAND
Joseph J. Rozell
Director of Elections Cc: Pat Davis, Corporation Counsel, Oakland County Deanna Fett-Hylla, Corporation Counsel, Oakland County Dale Cunningham, Business Manager, Oakland County Sheriff’s Department
Enclosures
TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
This Transfer of Ownership and Release of Claims Agreement (Agreement) is entered
into between the County of Oakland and Deputy Craig Pesko, and is intended to transfer
ownership of County property and release the County from all claims and liability with respect
to such property.
WHEREAS, Craig Pesko is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit) and has worked in this Unit for approximately two (2) years;
WHEREAS, while Mr. Craig Pesko has worked in this Unit, he has handled the same
canine. Maverick;
WHEREAS, Maverick, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time. Maverick is retiring from the Unit, and the Parties wish to
retire Maverick from the Unit, transfer ownership of Maverick to Mr. Craig Pesko, and release
all claims and liability the County may have with respect to Maverick; and
WHEREAS, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following terms and conditions:'
1. Upon execution of this Agreement by both Parties, the County shall transfer
ownership of Maverick to Mr. Craig Pesko in exchange forpa5Tnent of one
($1) dollar. The Parties acknowledge that this is fair and sufficient
consideration for the transfer of ownership.
2. Upon execution of this Agreement by both Parties, Mr. Craig Pesko will be
solely responsible for the care and maintenance of Maverick including, but not
limited to, veterinary bills, food, and grooming.
3. Mr. Craig Pesko releases and forever discharges the County and the Oakland
County Sheriffs Department from any and all claims, demands, rights, or
causes of action of whatsoever kind or nature which he may have, or which he
conceives he may have against them, arising out of any act, omission,
occurrence, or event, and all the consequences, damages, and injuries resulting
or alleged to result therefrom and, which may result or be alleged to result in
the future, even though the same are not presently known, and even though
there is no reason to believe that they may occur, and specifically all such
Transfer of Ownership and Release of Claims Agreement
Page 1 of3
claims, demands, rights or causes or action which may be based upon or arise
out of the events which are related to the actions and/or receipt of Maverick.
Mr. Craig Pesko shall indemmfy and hold tlie County hannless from any and
all claims which are incurred by or asserted against the County and/or Oakland
County Sheriffs Department by any person or entity, alleged to have been
caused or found to arise firom Maverick, and all claims relating to injury or
death of any person or damage to any property. There shall be no right against
HiQ County for any indemnification (e.g., contractual, equitable, or by
imphcation), contribution, or subrogation.
This A^eement represents the entire A^eement and understanding between
the Parties. This Agreement supercedes aU other oral or written agreements
between the Parties. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against
any Party.
This Agreement shall be govemed by the laws of the State of Michigan.
Mr. Craig Pesko acknowledges that he has had a sufficient opportunity to
review this Agreement and represents that he has careMy and fully read and
understands this Agreement.
This Agreement shall not become effective prior to its approval by a resolution
of the Oakland County Board of Commissioners.
THIS SECTION INTENTIONALLY LEFT BLANK
Transfer of Ownership and Release of Qaims Agreement
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m wnmss WEEMOF, Craig Pesko has executed this Agreement consisting of three (3)
pages and agrees to be bound by the terms and conditions thereof.
Executed:
Craig Pesko
STATE OF MICHIGAN )
) SSCOUNTY OF OAKLAND )
On this day of_Oz)^^^ ^ 2013, the above individual personally appeared
before me, is Imo^ to me to be the person described herein and who executed the foregoing
Agreement and who acknowledges that the Agreement was executed by free act and deed.
Subscribed and sworn to before me this ^ay of 70I ^
CHERYLC, ROBBINS 'NOTARY PUBLIC-STATE OF MICHIGAN fi rv ^COUNTY OF OAKU\ND C.-
My Commission Expires Nov^ber 29 ^14 Notary PubHc, Oakland County, Michisan
,n me cunty of OaK^nd Coun^, Commission expires:
IN WITNESS WHEREOF, Michael Gingell, Chairperson, Oakland County Board
01 Commissioners, hereby acknowledges that he has been autiiorized by a resolution of the
Oakl^d County Board of Commissioners, a certified copy of which is attached, to execute
this Agreement on beMf^the county of Oakland and hereby accepts and binds the Countyto the terms and copiditi^thereof
Executed: ^X . Dated: ]ZA'^-\3
Schaey3mgeU, Qiaiiperson
. County Board of Commissioners / n
Witnessed:. Dated:
Transfer of Ownership and Release of Claims Agreement
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