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al>(43-12 1`x: 71 ##272 P,03/IS <br /> and to provide information and signatures as necessary to comply with Internal Re,%eaue Code <br /> Regulation section 1.170A-1'3 and Form 8283 and any counterpart forms required by the state of <br /> California. <br /> I. Fair Market'V'alue of the Proper : The parties agree that the fair market value of the <br /> Property, in the condition as'described herein, shall be established by an appraisal performed by <br /> a qualified, independent appiaiser prior to close of escrow." Donee shall cause said appraisal to <br /> be erfortned. Donor anor shall Ovide such information as is re ue t <br /> 1? s ed b the raiser or the <br /> q Y PP <br /> Donee and agrees to aceept.the value established by the appraisal as the fair market value of the <br /> r Property. The parties have, independent of this charitable contribution agreement,entered into <br /> another.transaction with Auto Iuvestment'Co. Associates (as Seller) and the City of Stockton(as <br /> Buyer) for acquisition of real',property loeated at 424 Nox tl 'Van Buren Street. Said transactibn <br /> is wholly unrelated'to this cha`ritable.contribution. Donor agrees to make the donation of the' <br /> Property described herein and Donee agrees to accept the donation and that said donationis not <br /> f conditioned upon the actual closing of the transaction involving the 424 North Van Buren Street <br /> property. <br /> 4. Escrow and Tide Re' ort and Title insurance: Prior to the execution of this <br /> Agreement,Donee shall secure, at its own cost, a title report and title insurance in an amount n <br /> less than the appraised value of the pro Fax the ose of con of <br /> Property in accordance <br /> P 5' urp sE7m atjng nausfer of the <br /> 1� rt3' with the terms herein;-set <br />� forth,Donee will establish an escrow withFirst <br /> American Title Company or other title company.acceptable to Donee. <br /> k <br /> 5. Cost of'I mnsfer: Allcosts of the transfer shall be paid by Donee. Close of escrow <br />" shall occur as soon as possible;after approval of the assignment described in section 14, below. <br /> 6. ' Taxes,Assessments and Gthq Cha es: Taxes, assessments,penalties,interest; <br /> charges,delinquency charges,and municipal service charges of every kind,levied upon or <br /> assessed against the Property, eixeept as otherwise expressly set forth herein, shall be paid by <br /> Donor to tlae.date of recordings` The remaining principal balance of any bond or assessment <br /> which is a lien against the Property shall be paid in full by Donor at close of escrow, without <br /> limitation-,., <br /> 7. 7['ra�Asfer: For the plup;ose of transferring the Property to Donee,Donor shall execute <br /> and acknowledge a grant or gift deed and deliver said deed to the ` <br /> title caann <br /> accordance with this Agreement. pany, to be used in <br /> S. Risk of Loss: Any and all loss or damage to the Property <br /> rty or to y existing <br /> Improvements occurring prior to the recording ob f the deed shall at thearrisk of Donor. <br /> 9. DoneDonee acknowledges that Donor, prior to the execution of this <br /> Agreement, permitted Donee to fully inspect the Property and soils and groundwater and <br /> investigate all matters relevant thereto including but not limited to the environmental condition. <br /> C of the properly, .Donee further acknowledges that Donor has fully cooperated With Donee mi all <br />: <br /> aspects relating to.Donee's Inspection of property..Donee further acknowledges that it retained . <br /> environmental consultants and said environmental consultants have had a fiw opportunity to inspect <br /> and investigate every aspect of the Property including but not limited to the environmental condition <br /> of the property to the satisfaction of Donee: <br /> Page 2 <br />