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1 <br />DONATION AGREEMENT <br />This is a Donation Agreement (the “Donation Agreement”) for certain real property, which is more <br />particularly described on Exhibit A (“Property”), dated and effective as of this 24th day of June 2021 <br />between JACOB DONALDSON, of 25751 Kern Rd., South Bend, IN 46614 (“Donor”) and the <br />CITY OF SOUTH BEND, INDIANA, a municipal corporation, FOR THE USE AND <br />BENEFIT OF ITS BOARD OF PUBLIC WORKS (“Donee”). <br /> <br />1. DONATION. <br /> <br /> <br />1.1 Representations and Warranties of Donor. Donor represents and warrants that he <br />has good and marketable fee simple title to the Property and has not granted any <br />option or right of first refusal to any person or entity to acquire the Property or any <br />interest therein, and he has the sole authority to transfer the Property to the Donee. . <br />1.2 Transfer. Donor agrees to donate the Property to Donee as a gift and for no <br />consideration no later than July 30, 2021, and Donee agrees to accept the Property from <br />Donor on the terms and conditions set forth herein. <br />1.3 Title. Title shall be transferred via a special warranty deed substantially in the form <br />attached hereto as Exhibit B. <br />1.4 Closing Costs. Donee shall pay all costs associated with the transfer of the Property, <br />including but not limited to transfer fees and recording costs. <br />1.5 Taxes. Donor agrees to pay for the prorated taxes for tax year 2020, payable in 2021 <br />levied against the Property, which shall be remitted to Donee at time of the Property <br />transfer. <br />1.6 Further Assurances. Donee and Donor agree to execute all instruments and <br />documents and to take all actions reasonably necessary and appropriate to <br />consummate the transfer and donation of the Property and shall use their best efforts <br />to close in a timely manner. <br />2. ACCEPTANCE OF PROPERTY. <br /> <br />2.1 Donee’s Acceptance. Except for the representations and warranties of Donor as set <br />forth in Section 1.1 hereof, Donee accepts the Property “as-is, where-is” and without <br />any representations or warranties by Donor as to the condition of the Property or its <br />fitness for any particular use or purpose. Donor offers no such representation or <br />warranty as to condition or fitness, and nothing in this Agreement will be construed <br />to constitute such a representation or warranty as to condition or fitness. <br />2.2 Donee’s Authorized Representative. Donee authorizes Andrew Netter of the <br />Department of Community Investment to execute any documents on its behalf that <br />are required to affect the transfer. <br /> <br />3. GENERAL PROVISIONS