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DONATION AGREEMENT <br /> THIS AGREEMENT is made and entered into as of May 22, 2012, by and between Mark <br /> Will ("Donor") and the City of New Brighton("City"). <br /> RECITALS <br /> A. Donor is the record owner of the following motor vehicle: 1987 Ford Van, VIN <br /> #1FTEE24N1HHB82071 (the "Vehicle"). <br /> B. Donor desires to donate and City desires to accept the donation of the Vehicle subject to <br /> the terms and conditions of this Agreement. <br /> AGREEMENT <br /> In consideration of the mutual covenants made below and other good and valuable <br /> consideration,the parties agree as follows: <br /> 1. Donor agrees to donate and City agrees to accept donation of the Vehicle, subject to <br /> the terms and conditions of this Agreement. <br /> 2. City agrees to accept the Vehicle in its "as is", "where is" condition and <br /> acknowledges that Donor has made no representations or warranties regarding the <br /> condition of the Vehicle. <br /> 3. City hereby represents and acknowledges that no financial consideration has been <br /> paid by City to Donor for the transfer of the Vehicle. <br /> 4. Donor will execute such documents as are necessary to effect the transfer of title to <br /> the Vehicle, if requested to do so by the City. <br /> 5. This Agreement shall constitute a bill of sale for the Vehicle from Donor to City. <br /> 6. Donor shall be solely responsible for determining whether the donation qualifies as <br /> a charitable deduction for purposes of federal and state income tax laws, and City <br /> has made no representation or warranty to Donor regarding tax matters. <br /> 7. This Agreement is contingent on approval by the New Brighton City Council, which <br /> approval shall be evidenced by execution of this Agreement by the Mayor and City <br /> Manager. Ownership of the Vehicle will pass from Donor to City upon execution of <br /> this Agreement by both parties. <br /> 404317v2 CLL NE136-24 I <br />