Agmt20 Casey Property Donation - Laserfiche WebLink

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Attn: City Attorney Phone (650) 780-7200 To Donors: Mel and Marguerite Casey 3815 Albert Road Princeville, HI 96722 Phone: 650-274-5281 E -Mail: farenz@sbcglobal.net until such time as a party gives notice of the change of address in accordance with the terms of this section. 12. This Agreement shall not be changed, modified or amended except upon the written consent of the Parties hereto. 13. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. No provision contained herein shall be construed against the City solely because it prepared this Agreement in its executed form. 14. Donors, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement, and all the parties thereto shall be jointly and severally liable thereunder. 15. This Agreement is not binding until executed by the City Manager of the City. 16. Notwithstanding any other provision of this Agreement or any other agreement between any of the Parties hereto, once the Property is conveyed to and accepted by the City, the City shall have no obligation to return the Property to the Donors under any circumstances, except in the sole and exclusive discretion of the City. 17. The recitals above are hereby incorporated herein by reference. 18. City agrees to cooperate with Donors to acknowledge receipt of the donation of the Property by signing Internal Revenue Form 8283 (Non -Cash Charitable Contributions) before the Close of Escrow and any other tax -related forms or documents reasonably requested by Donors and to return any such forms to Donors within thirty business (30) days after City's receipt of such forms from Donors. Notwithstanding the foregoing, City makes no representation or warranty to Donors regarding the tax attributes of this transaction, nor shall City endorse or otherwise acknowledge any valuation of the Property for tax purposes, it being understood that the Donors has obtained its own appraisals and tax advice for such purposes. City acknowledges that it provided no goods or services in exchange for the donation of the Property by Donors to City. 19. ACCEPTANCE OF PROPERTY AS IS, WHERE IS. CITY AGREES AND ACKNOWLEDGES THAT (I) IT IS ACCEPTING THE PROPERTY ON AN "AS -IS" BASIS; (II) IT HAS MADE OR WILL HAVE MADE ITS OWN INVESTIGATIONS AND INSPECTIONS OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE REV: 10-29-2020 SK ATTY/AGR.2020.244/Casey Family Trust (Casey Property Donation Agreement) (Page 9 of 25)