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Home My WebLink AboutC-9819-1 - Personal Property Donation AgreementPERSONAL PROPERTY DONATION AGREEMENT This Personal Property Donation Agreement ("Agreement") is made and entered into this 20 day of December, 2024 ("Date of Donation") by and between the City of Newport Beach, a California municipal corporation and charter city ("City' or "Donee"), and Quick Crete Products Corp., a California corporation with an address on file with the California Secretary of State of 7111 Via Koron, Newport Beach, CA 92663, with a business address of 731 Parkridge Ave, Norco CA 92860 ("Donor"). It is hereby agreed by and between the parties as follows: 1. Donor shall donate to City four (4) precast concrete one piece picnic tables with a market value of $2,757.24 each, and five (5) Huntington Beach series precast concrete benches with a market value of $2,241.65 each, as more particularly identified on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). 2. The Property has a combined aggregate market value of Twenty Two Thousand Two Hundred Thirty Seven Dollars and 21 /100 Cents ($22,237.21). The Property is donated for free by Donor to City without any expectation of consideration whether in the form of compensation, in -kind, or otherwise. 3. City hereby agrees to accept the Property subject to the terms and conditions set forth in this Agreement. 4. The City intends to utilize the Property for public use at Bob Heny Park ("Park"), located at 900 Dover Dr., Newport Beach, California 92660. Notwithstanding the foregoing, Donor places no conditions or restrictions on how or when the Property may be used, replaced, stored, maintained or disposed of which shall be subject to the sole discretion of the City. 5. Donor and City shall cooperate in good faith to agree upon a date and time for delivery of the Property. Donor shall deliver the Property to the Park at its sole cost and expense, and upon acceptance by City, title shall transfer to the City and City shall be solely responsible for installation and future maintenance. 6. City makes no representations regarding whether Donor may claim a tax deduction in connection with donation of the Property, and Donor is advised to consult with a qualified tax professional in connection therewith. An acknowledgment of receipt of donation is attached hereto as Exhibit B to be completed after acceptance of the Property by City. 7. This Agreement shall be binding and inure to the benefit of the parties, their successors, assigns and personal representatives. Quick Crete Products Corp. Page 1 8. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. In the event there are any conflicts or inconsistencies between this Agreement and any attachments hereto, the terms of this Agreement shall govern. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Quick Crete Products Corp. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (Ow on C. Harp y Attorney ATTEST: Date: CITY: CITY OF NEWPORT BEACH, a California mu icipal corporation Date: By: e�o1-- Gr . Leung 6-1 C Manager DONOR: QUICK CRETE PRODUCTS CORP. a Califo corporation Date: By: By: Leilani I. Brown F4Execut�ive ook Oe City Clerk /OKicer } _ � bi � , Date: By. €F_�x� Corey akkila Chief Financial Officer, Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Description of Property Exhibit B -Acknowledgement of Receipt Quick Crete Products Corp. Page 3 EXHIBIT A DESCRIPTION OF PROPERTY Quick Crete Products Corp. Page A-1 Prepared By Cynthia Chavez Email cynthia.chavez@qcp-corp.com Quote Number 00001773 Contact Name RICH TREVINO Contact Email rtrevino@newportbeachca.gov Bill To Name CITY OF NEWPORT BEACH Bill To 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 USA Payment Terms NET 30 4.00 5.00 I OLBT96PT QIHB84BNEWPORT Created Date 12/10/2024 Expiration Date 1/10/2025 Delivered By 3/28/2025 GSS Primary Quote 0014876 Specifier NO SPECIFIER Job Name BOB HENRY PARK Job Address 900 DOVER DRIVE City NEWPORT BEACH State CA Zip Code 92660 COLOR: Natural 96"L X 72"W X 33"HT PRECAST TEXTURE: Craftman's Etch ONE-PIECE PICNIC TABLE SEALER: PERMASHIELD 5400 SEALER OTHER NOTES: COLOR: Natural TEXTURE: Light Sandblast SEALER: Permashield 4200 OTHER NOTES: BENCH WITH BACK. (1) 4-1/4"DIA KNOCKOUT FOR 4"DIA NB ACRYLIC LOGO. (1) 6 1/4"L. X 2 1/4"HT. KNOCK -OUT FOR 6"L. X 84" L. HUNTINGTON BEACH 2"HT. BRONZE PLAQUE, SERIES BRONZE PLAQUE SUPPLIED BY CUSTOMER TO QUICK CRETE TO CAST IN" —CUSTOMER TO SUPPLY QUICK CRETE WITH BRONZE PLAQUE TO CAST IN """ 5.00 ACRY-NBCH4/F 4"DIA CITY OF NEWPORT OTHER NOTES: ACRYLIC Subtotal $0.00 Tax Total $0.00 Order Totat $0.00 Deposit A deposit of 0 percent (deposit amount of $0) is required before production begins. Terms and Conditions $0.00 1 $0.00 $0.00 $0.00 $0.001 $0.00 The Price Quotation above is subject to these Terms and Conditions, and if this order is accepted by QCP, at its sole discretion, QCP Corp. • 731 Parkridge Ave Norco, CA 92860 • (866) 703-3434 EXHIBIT B ACKNOWLEDGEMENT OF RECEIPT Quick Crete Products Corp. Page B-1 CITY Of �!1=lAIPORT BFACI 1 `i\ PO 100 Civic Center Drive Newport Beach, California 92660 0 C1 949 644-3001 1 949 644-3020 FAX \ ` y newportbeachca.gov C' �P q/-/FORK January 14, 2025 Quick Crete Products Corp. 731 Parkridge Ave, Norco CA 92860 Re: Acknowledgment of Charitable Contribution Dear Quick Crete Products Corp., The City of Newport Beach gratefully acknowledges your contribution of four (4) precast concrete one piece picnic tables with a market value of $2,757.24 each, and five (5) Huntington Beach series precast concrete benches with a market value of $2,241.65 each, for a total aggregate donation value of Twenty Two Thousand Two Hundred Thirty Seven Dollars and 21/100 Cents ($22,237.21) received on to support the public facilities at Bob Henry Park, located at 900 Dover Dr., Newport Beach, California 92660. No goods or services were provided to you in exchange for your contribution. The City of Newport Beach is a governmental subdivision of the State of California and a Charter City duly organized under Article XI of the California Constitution. Accordingly, your contribution may qualify as tax- deductible pursuant to Sections 170(a)(1) and 170(c)(1) of Title 26 of the United States Code, and Sections 24357(a) and 24359(a) of the California Revenue & Taxation Code. Please retain this acknowledgment for your records as it may be required to claim tax deduction. 26 USC § 170(f)(8). Please consult with your tax professional to determine the extent to which your donation may qualify as tax deductible. Sincerely, i Grace K. Leung City Manager