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Home My WebLink About200509260141 - Robert Ross & Betty Graves - Contract Property Donation AgreementPROPERTY DONATION AGREEMENT 1. D-ate and Pq.*ies. This Agreement, for reference purposes only, is {4*c the - day of May, 2005, and is entered into by and between the clry OF PORT ORCHARD, a municipal corporation, hereinafter referred to as "City" and ROBERT T. Ross, a married man, as his separate property, and BETTY M. GRAVES, an unmarried woman, as her separate property, hereinafter referred to as "Property Owners," 2. Subi-ect Property, The real property hereinatter referred to as the "Property" whieh is the subjeet of this Agreement is a tract of land located in the City of Port Orchard, Kitsap County, Washington, identified as Kitsap County Assessot's Parcel No, 40620020010002 and legally described in First American Title lnsurance Company's Preliminary Commitment No. 4419-578622 dated May.5, 2005 ("Preliminary Commitment") whlch is attached hereto as Exhibit A and hereby made a part hereof, 3. Agreement tq,0onate--Property. Property Owners desire to donate the Property to the City for use as a public park, property owners agree to convey and the City agrees to accept conveyance of the property upon the following conditions: (a)The City accepts the donation of the Property in its present condition on the terms noted; (b) The City will pay all expenses in connection with this transaction; (c) The Property will not be developed into anything other than a park; (d) The City will provide and install at the Property a sign depicting the Property as "Ross Park"; and a letter Property (e) The City will provide to property Owners acknowledging donation of the Property for Owners' federal income tax purposes. The City makes no representations as to federal or consequences of the donation. I state tax 4. Title.. Title of Property Owners shall be free of all encumbrances or defects, except those noted in the Preliminary Commitment. Property rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations or provisions shall not be deemed encumbrances or d efects. 5. Title lnsurance. The C ity has obtained, at the City's expense, the Preliminary Commitment for standard coverage owner's title insurance policy. The title policy to be issued shall contain no exceptions other than those provided for in the specified title policy form, plus encumbrances or defects noted in Paragraph 4 above. lf title is not so insurable by the closing date set forth in Paragraph I hereof, all rights of the City shall be terminated, except that the City may waive defects and elect to close. 6. Cpnveyanc_e. Title shall be conveyed by Warranty Deed, free of encumbrances or defects except those noted in Paragraph 4. 7. Property lnglUded_.1tem_q, This transaction includes any improvements on the 8. Possegsion. The City shall be entitled to possession upon recording of the conveyance document. L Closing Date and Closinq Cqsts. The closing shall occur on or before June 30, 2005, The transaction shall be closed at the office of McGavick Graves, P.S., 1102 Broadway, Suite 500, Tacoma, Washington 98402, The City will pay all costs in connection with this transaction, 10. Environmental Contaminalion. Property Owners warrant that they have not caused or permitted the Property to be used as a site for generation, manufacture, refining, transportation, transfer, treatment, storage, handling, disposing or processing of hazardous substances, or other dangerous or toxic materials or solid waste except in compliance with applicable federal, state and local laws or regulations. Property Owners have not caused or permitted and have no knowledge of the release of any hazardous substance on any of the Property at any time. 11. &qprespntqJign. Property Owners acknowledge that McGavick Graves, P.S, has not represented Property Owners in the preparation of this Agreernent and cannot give Property Owners legal advice. Notwithstanding, Property Owners agree to have McGavick Graves, P.S. close this transaction. -2- 12. Eacsimile fransmission. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original, At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. 13. Notice. All notices required by this Agreement shall be deemed delivered to the respective pady on the date that it is personally delivered to the address set forth below, or two days after the document is mailed, certified mail, return receipt requested by U.S. Mail to the address set forth below. City Mayer Abed, PE Director of Public Works City of Port Orchard 216 Prospect St Port Orchard, WA 98366 With a copy to Gregory A. Jacoby, Esq, McGavick Graves, P.S. 1102Broadway, Ste 500 Tacomp, WA 98402 Property Owners: Robert T. Ross Betty M. Graves 1314 Coral Dr Fircrest, WA 98466 With a copy to Betty M. Graves E soth & 3'd streets Union, WA 98592 14. O,bligations to Surviyg..Qlosing. lt is mutually agreed by the parties hereto that any provision contained in this Agreement which shall by its nature or terms impose any obligations or duty upon any party hereto, or give any right or benefit to any party hereto, continuing beyond the date of conveyance of the Property, will not be canceled, but will instead survive such conveyance and will continue in full force and effect until all such obligations and duties are fully performed and all such rights and benefits are fully realized. 15. CounQil A,pproval. This Agreement is subject to ratification by the City Council. This matter shall be submitted to the City Council for ratification within thirty (30) days after signature by all parlies. -3- 16. Timg is of lhe E$,gpnce. Time is of the essence as to eachprovision of this Agreement. This provision has been negotiated by the parties and is material and substantial consideration. 17' Entire1greemenJ, The parties have negotiated in good faith with regards to each and every term of this Agreement. This Agreement embodies all agreements, representations and warranties to which the parties have agreed tobe bound. This Agreement shall be construed to accomplish the inftnt andpurpose set forth herein, and shall be presumed to have been drafted by bothparties hereto. There are no verbal or other agreements that modify or affect this Agreement unless specifically referenced herein. CITY CITY OF PORT ORCHARD, a municipal corporation By Kim Abel, Attest: PROPERTY OWNERS Betty q s t FrL Ca n, Cl Approved as to form: ren D ttorney P\20766\066,0s\DOCS\DONATI ON.AGREEM ENT, DOC -4-