Agmt20 Casey Property Donation - Laserfiche WebLink

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8. Acceptance. The acceptance of the Property by City and the Closing of Escrow (as defined in Section 7) are subject to the satisfaction of the following no later than the Closing Date: (i) City's approval of the condition of the Property as provided in Section 4 and title to the Property as provided in Section 6; (ii) The representations and warranties of Donors set forth in Section 2.2 shall be true and accurate as of the Closing Date; (iii) Donors' performance of all obligations under this Agreement; (iv) No adverse material change shall have occurred with respect to the condition of the Property from the end of the Feasibility Period through the Closing Date; and (v) Escrow Agent being prepared to issue the Title Policy on the Close of Escrow, subject only to the Approved Exceptions. 9. The performance by the City of its obligations under this Agreement shall relieve the City of any and all further obligations or claims on account of the acceptance of the offer of dedication. The City agrees to use the Property for public open space and park purposes. 10. This Agreement and Escrow may be terminated by City upon three (3) days written notice to Donors and Escrow Agent if the conditions to closing set forth in Section 8 have not been fulfilled on or before the Closing Date. Upon termination by City pursuant to this Section 10, Donors shall be responsible for all costs and expenses of Escrow Agent. 11. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver and appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, (ii) when delivered via facsimile with confirmation from the receiving party via return fax; or (iii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows: To CITY: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attention: City Manager Phone: (650) 780-7300 With copy to: City Attorney City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 REV: 10-29-2020 SK ATTY/AGR.2020.244/Casey Family Trust (Casey Property Donation Agreement) (Page 8 of 25)