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049-11 - Charles L. Schandel - ContractPROPERTY DONATION AGREEMENT 1. Date and Parties. This Agreement, for reference purposes only, is dated the 8`" day of June 2011, and is entered into by and between the CITY OF PORT ORCHARD, a municipal corporation, hereinafter referred to as "City" and CHARLES L. SCHANDEL, an unmarried man, as his separate property, hereinafter referred to as "Property Owner." 2. Subiect Property. The property hereinafter referred to as the "Property" which is the subject of this Agreement is a 2002 BMW Police Style Motorcycle VI N#W B10499A72ZE88429. 3. Agreement to Donate Property. Property Owner desires to donate the Property to the City for use as an addition police motorcycle for patrol and enforcement activities. Property Owner agrees 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; (e) The City will provide to Property Owner a letter acknowledging donation of the Property for Property Owner's income tax purposes. The City makes no representations as to federal or state tax consequences of the donation. 4. Title. Title of Property Owner shall be free of all encumbrances or defects. The motor vehicle title shall be signed over by the Property Owner to the City. 5. Included Items. This transaction includes all parts and add-ons currently attached to the motorcycle. 6. Possession. The City shall be entitled to possession upon completion of the motor vehicle title being signed over to the City. 7. Council Approval. 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 parties. 8. Entire Agreement. 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 to be bound. This Agreement shall be construed to accomplish the intent and purpose set forth herein, and -1- shall be presumed to have been drafted by both parties hereto. There are no verbal or other agreements that modify or affect this Agreement unless specifically referenced herein. CITY: PROPERTY OWNER: CITY OF PORT ORCHARD, Approved as to form: Greg A. JacoNjity At o ney Charles L. Schandel -2-