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KIMBERLY-CLARK WORLDWIDE, INC. <br /> c/o Kimberly-Clark Corporation <br /> 1400 Holcomb Bridge Road <br /> Roswell, GA 30076 <br /> December 19, 2017 <br /> Mr. Mike Palacios <br /> Real Property Manager <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett, WA 98201 <br /> Re: Kimberly-Clark Worldwide, Inc. —Donation of property to the City of Everett, Washington <br /> Dear Mike: <br /> Kimberly-Clark Worldwide, Inc., a Wisconsin corporation (hereinafter referred to as"Kim berly- <br /> Clark"), is the owner of certain property in the City of Everett, Snohomish County, Washington, <br /> containing approximately 0.32 acres (the "Property"). <br /> The City of Everett, Washington (the"City") is a municipal corporation organized under the laws <br /> of the State of Washington. In furtherance of the goals and obligations of the City to serve the <br /> community, Kimberly-Clark, acting with charitable and donative intent, for the benefit of the City and <br /> its inhabitants, desires to convey the Property to the City for the Property's conservation as a public <br /> park. <br /> This letter is to memorialize the understanding between Kimberly-Clark and the City in <br /> connection with the donation to the City from Kimberly-Clark. <br /> The donation shall be subject to and conditioned upon the following terms: <br /> 1. The tract of land which is to be conveyed by Kimberly-Clark to the City is more <br /> particularly described on Exhibit"A" attached hereto. <br /> 2. It is the intent of the parties that the conveyance of the Property by Kimberly-Clark to <br /> the City shall for all purposes be treated as a charitable contribution within the meaning of Section <br /> 170(a)of the Internal Revenue Code of 1986, as amended. Both parties certify that no consideration <br /> has passed directly, or indirectly, to Kimberly-Clark in exchange for the contribution, including any <br /> goods or services,financial or economic benefit,forbearance of any action by the City, or in exchange <br /> for any similar benefit to any entity or individual affiliated with Kimberly-Clark. Both parties agree that <br /> the property was not contributed subject to any mortgage or encumbrance. <br /> 3. Kimberly-Clark will convey the Property by Quit Claim Deed ("Quitclaim Deed") in the <br /> form of Exhibit "B" attached hereto. <br /> 4. The City warrants that its intention is to use the Property as a community garden. <br />