AgdaPkt 2020-11-09 Joint SA PFA - Laserfiche WebLink

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6.C. - Page 7 of 31 DONATION AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2020 by and between the CITY OF REDWOOD CITY, a California charter City and municipal corporation, herein called "City," and MEL CASEY AND MARGUERITE N. CASEY, TRUSTEES OF THE Casey Family Trust dated 5/10/2000 ("Casey Trustees") and MEL CASEY AND MARGUERITE CASEY, husband and wife ("Caseys") (Casey Trustees and Caseys are referred to collectively herein as "Donors"). The City and Donors are sometimes individually referred to as "Party" and collectively as "Parties." WHEREAS, Donors are the owners of certain unimproved real property located in San Mateo County, and as more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property) and depicted on Exhibit B, the Map of the Property; WHEREAS, City desires to acquire the Property, which is located within the unincorporated area of San Mateo County, for open space purposes as the Property is adjacent to an existing City park; NOW, THEREFORE, CITY and Donors agree as follows: 1. Dedication of Property. Donors shall offer to dedicate the Property to City and City shall accept the offer of dedication of the Property, or interest therein, upon the terms and conditions set forth in this Agreement. 2. Obligations of Donors. 2.1 Fee Interest. Upon acceptance by City, Donors shall convey, assign and transfer its fee interest in the Property to City, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes except for (i) liens for non - delinquent property taxes and assessments, and (ii) those liens and encumbrances and easements which, in the sole discretion of City, are acceptable pursuant to Section 6. 2.2 Representations and Warranties of Donors. Except as disclosed by Donor pursuant to Section 2.2.6 or as stated in any public record, Donors represent and warrant to City that as of the date of this Agreement and as of the Close of Escrow and to the best of Donors' actual knowledge, with the understanding that the term "actual knowledge" includes no duty to conduct any further due diligence or investigation whatsoever and is limited to the actual knowledge possessed by Donor at the time of the Effective Date and not charged as a matter of law: 2.2.1 Hazardous Substances. The Property is: (i) free from Hazardous Substances; (ii) contains no buried or partially buried storage tanks located on the Property; (iii) has not been used for the generation, storage or disposal of any Hazardous Substance and no Hazardous Substance has been spilled, disposed of, or stored on, under, or at the Property; and (iv) has never been used as a dump or landfill; REV: 10-29-2020 SK ATTY/AGR 2020 244/Casey Family Trust (Casey Property Donation Agreement) (Page 1 of 25) 68