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(iii) Other substances, materials, and wastes that are or become
<br />regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and
<br />(iv) Any material, waste, or substance that is: a petroleum or
<br />refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous
<br />substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, a flammable
<br />explosive, or a radioactive material.
<br />3. Escrow. After the Recordation, as defined by Section 9, below, City and Donors
<br />establish an escrow ("Escrow") with First American Title Company, at 333 W. Santa Clara Street,
<br />Ste. 220, San Jose, CA 95113; Attn: Kiley Demaree (the "Escrow Agent"), subject to the
<br />provisions of the standard conditions for acceptance of escrow and the terms and conditions in this
<br />Agreement, with a signed counterpart of this document to be delivered as escrow instructions to
<br />Escrow Agent. In the event of any conflict between the terms of this Agreement and the standard
<br />conditions for acceptance of escrow, the terms of this Agreement shall control. City's agent for
<br />matters related to the Closing of Escrow shall be Chris Beth, the City of Redwood City Parks,
<br />Recreation and Community Development Director, or Veronica Ramirez, the City Attorney or her
<br />designee.
<br />4. Feasibility Period.
<br />4.1 During the period commencing on the date of this Agreement and
<br />terminating thirty (30) days thereafter ("Feasibility Period"), City may undertake an inspection of
<br />the Property. Said inspection may include: (i) a review of the physical condition of the Property,
<br />including but not limited to, inspection and examination of soils, environmental factors, Hazardous
<br />Substances, if any, and archeological information relating to the Property; and (ii) a review and
<br />investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations,
<br />ordinances, and laws affecting the Property. Within ten (10) days following the full execution of
<br />this Agreement by both parties, Donors shall deliver to City copies of all architectural plans,
<br />surveys, specifications, and other documents pertaining to the physical, geological, or
<br />environmental condition of the Property that are owned by or in the possession of Donors.
<br />4.2 If City disapproves of the results of the inspection and review or the results
<br />of any Phase I Environmental Report, City may elect, prior to the last day of the Feasibility Period
<br />(or any extension thereof), to terminate this Agreement by giving Donors written notification prior
<br />to the last day of the Feasibility Period (or any extension thereof). If City fails to properly notify
<br />Donors of the intent to terminate this Agreement, City shall be deemed to be satisfied with the
<br />results of the inspection and shall be deemed to have waived the right to terminate this Agreement
<br />pursuant to this provision.
<br />5. Access.
<br />5.1 Access to the Property during the Feasibility Period shall be given to City,
<br />its agents, employees, or contractors during normal business hours upon at least one (1) business
<br />day's notice to Donors, at City's own cost and risk, for any purposes, including, but not limited to,
<br />inspecting the Property, taking samples of the soil, and conducting an environmental audit
<br />(including an investigation of past and current uses of the Property). City shall indemnify and
<br />REV: 10-29-2020 SK
<br />ATTY/AGR.2020.244/Casey Family Trust (Casey Property Donation Agreement) (Page 4 of 25)
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