1992-091-Authorizing Execution Of A Conditional Deed Of Gift Between The Town And United States Department Of The Air Force For The Static Display Aircraft Located At Oak Meadow ParkRESOLUTION NO. 1992 -91
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING EXECUTION OF A CONDITIONAL
DEED OF GIFT BETWEEN THE TOWN AND UNITED STATES DEPARTMENT
OF THE AIR FORCE FOR THE STATIC DISPLAY AIRCRAFT
LOCATED AT OAK MEADOW PARK
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into an agreement
with the United States Department of the Air Force for the static display aircraft located
at Oak Meadow Park.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of May, 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent Ventura,
Mayor Eric D. Carlson
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
016A: \REP0RTS \AI RCRAFr
TOWN CLERK
AGR %._, ,
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CONDITIONAL DEED OF GIFT 814.
- --, -._
THIS AGREEMENT, made as of _ _��gq� between the
UNITED STATES OF AMERICA (hert_ after called "the Government" or
"the transferor ") represented by the Aerospace Maintenance and
Regeneration Center and the �,itl, of Loa Gatos Los Gatos
ca]i rnia - (hereinafter called "the transferee ")
operating under the laws of the State of California
and located at Lo;3tG6g os, California "
WITNESSETH:
1. The Secretary of the United States Air Force is authorized by
10 USC 2572, as amended, to transfer by loan, gift, or exchange
any documents, historical artifacts, and condemned or obsolete
combat materiel not needed by the Department, without expense to
the United States, and under the terms prescribed by the Secre-
tary. The §itv of Los Gatos Los Gatoa California is eligible
under terms of 0 USC 2572, paragraph (a)(1).
2. The transferee has applied in writing by letter dated
27 December 1973 fora T -33A aircraft and has agreed
to assume and pay all costs, charges, and expenses incident to
the transfer, including the cost of any required preparation for
transportation to Loa Gatos, California
3. The Government agrees: (a) to release T -33A , Serial
Number: 53 -5421 to the transferee bn an "as s, where is"
basis and without warranty of any kind; and (b) to notify the
transferee of the available date for pickup of the property suf-
ficiently in advance thereof to enable the transferee to make the
necessary arrangements for acceptance.
4. The transferee agrees to accept the property on an "as is,
where is" basis and shall be responsible for all arrangements and
costs involved in its movement. The transferee shall, at no cost
to the transferor, arrange and pay for disassembly, packing,
crating, transportation, and other actions as necessary for the
movement of the transferred property to the transferee's display
location. The transferee shall not sell, lease, rent, lend, or
exchange the transferred property for monetary gain or otherwise,
or use it as security for a loan under any circumstances. Addi-
tionally, the transferee agrees to remove from the government
premises, the transferred property within sixty (60) days after
notification of the date the transferred property is available
for pickup.
5. The transferee shall use the transferred property in a care-
ful and prudent manner, and shall maintain it and make such re-
pairs as are necessary to keep it in a clean and safe condition
so that its appearance and use will not discredit the transferor.
The transferee agrees to use the transferred property for display
or educational purposes only and to protect the transferred prop-
erty from vandalism by displaying it behind fences, on high ped-
estals, or by other suitable means to deter easy access by van-
dals. The transferee further agrees to place the transferred
property on display within ninety (90) days following physical
acceptance of the property and to provide the transferor with an
8" x 10" photograph, depicting how the transferred property is
displayed.
6. In addition, the transferee agrees to furnish the transferor
a notarized statement by 15 January of each year after taking
possession of the property certifying that the aircraft is still
in the possession of the transferee and is being displayed in the
same manner and condition as indicated by the original photo-
graph. If the property has been moved or the display modified in
any way, the transferee shall provide an updated photograph and
details regarding changes. The transferee shall also certify an-
nually by 15 January that the transferred property is being used
in accordance with the terms of this agreement. Additional con-
siderations for display and safety are set forth in Attachment 2
and are incorporated and made part of this Conditional Deed of
Gift.
7. The transferee agrees that transferred aircraft /missile shall
not be restored to flying condition, nor shall the transferred
aircraft /missile be flown under any circumstances.
8. The transferee shall indemnify, and defend the transferor
from and against all claims, demands, actions, liabilities, judg-
ments, costs, and attorney's fees, arising out of, claimed on ac-
count of, or in any manner predicated upon personal injury, death
or property damage caused by or resulting from possession and /or
use of the transferred property.
9. The transferee agrees to allow authorized representatives of
the transferor access to the transferee's records and facilities
to assure accuracy of the information provided to the transferor
and compliance with the terms of this Conditional Deed of Gift.
10. Title is transferred on special conditions that the
T -33A aircraft will not be transferred or otherwise disposed
of (— including retransferring) without the written consent of the
transferor. If disposition of the property by any method (in-
cluding retransferring) is attempted without the consent of the
transferor, title to the property is subject to forfeiture, and
the transferor may require return of the property by the trans-
feree or may repossess the property from whomever may have pos-
session thereof, and the transferee shall bear all expenses, in-
cluding legal and other costs incurred by the transferor to ob-
tain the return and repossession, as well as any storage costs.
11. Upon the failure of the transferee to observe any of the
conditions set forth in this Conditional Deed of Gift and at-
tachments thereto, title to the transferred property shall re-
vert to and be vested in the transferor. Repossession of all or
any part of the transferred property by the transferor shall be
at no cost or expense to the transferor, and the transferee shall
bear all expenses, including legal and other costs, incurred by
the transferor to obtain the return and repossession, as well as
any storage costs.
12. If, at any time, transferred property is no longer used for
display or educational purposes, or if the transferee no longer
wishes to keep the transferred property, written notice shall be
given to the transferor, title to the property shall revert to
and become vested in the transferor who shall be entitled to im-
mediate repossession of the transferred property. The trans-
feror will exercise its option within sixty (60) days after re-
ceipt of written notice from the transferee and will:
a. Advise the transferee that the transferor has another
requirement for the transferred item and will make appropriate
arrangements for the repositioning.
b. Advise the transferee that the transferor desires to
take title of the transferred property and will arrange for ap-
propriate disposition at the present location.
C. Advise that the transferor has no further requirements
for the transferred items and that the transferee, at their ex-
pense, is authorized, based on preference, to dispose of the
transferred item by one of the following methods:
(1) Demilitarize /destroy the property to the extent re-
quired by current DoD policy set forth by detailed guidance to be
provided by the transferor. The transferee will be required to
certify in writing to the transferor that all requirements have
been met and will provide the transferor with photographs of the
property after the demilitarization /destruction has occurred.
(2) Transport the transferred property to the nearest
military activity, provided the installation commander of that
activity is agreeable in writing to accepting the property. The
transferee will be responsible for any disassembly necessary, and
all arrangements to accomplish the movement. A receipt from the
military installation will be required from the transferee to be
provided to the transferor for record purposes.
Subject to the conditions set forth herein, title to the property
shall be vested in the transferee upon receipt of written accep-
tance hereof from the transferee.
EXECUTED
On behalf of the transferor this 7 April 1992 , at the
Aerospace Maintenance and RegeneraTi Center.
United States of America
By:
JOE 4 N yE`y - --
Title: Chief, Aircraft i1T sposition Office
Distribution Directorate
Agency: AMARC /DS(3)
Address: Davis - Monthan AFB Arizona 85707 -6201
ACCEPTANCE
The transferee, through its authorized representative, hereby ac-
cepts title to and delivery of the transferred property, subject
to the conditions contained in the Conditional Deed of Gift set
forth above. In accepting, the transferee also acknowledges re-
ceipt of the attached "Considerations for Display and Safety ".
Execute on behalf of�/t"h/e transferee this �� day of J?/9 199
at 0,00
APPROVED AS_T a
DERTO
By:
Title:
ATTORN'AYddres s :
�
� ai4i
of wrans
DAVID KNAPP, TOWN MANAGER
110 E. MAIN STREET, LOS GATOS, CA.
ATTACHMENT 1
CERTIFICATE OF ASSURANCE OF COMPLIANCE
(hereinafter
cal Applican ipient') ere
e - Re c
y agrees that in compliance
with Title VI of the Civil Rights Act of 1964, Section 606 of the
Federal Property and Administrative Services Act of 1949, as
amended, and Section 504 of the Rehabilitation Act of 1973, as
amended, no person shall, on the ground of race, color, national
origin, sex or handicap, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimina-
tion under any program or activity for which the Applicant- Recip-
ient receives a gift /transfer /loan from the Aerospace Maintenance
and Regeneration Center and hereby gives assurance that it will
immediately take any measures necessary to effectuate this agree-
ment.
This agreement will continue in effect during the time the
Applicant- Recipient retains ownership, possession or control of
the property transferred by gift /transfer /loan. Further,
Applicant- Recipient agrees and assures that its successors and /or
assignees will be required to give an assurance similar to this
assurance as a condition precedent to acquiring any right, title
or interest in and to any of the property transferred herein.
This assurance is given in consideration of and for the purpose
of obtaining a transfer of federally owned property pursuant to
10 USC 2572 consisting of the following items:
T -33A aircraft , one each, Serial Number: 53 -5421
The Applicant- Recipient recognizes and agrees that such Federal
loan will be made in reliance on the representations and agree-
ments made in this Assurance, and that the United States Govern-
ment will have the right to seek judicial enforcement of this As-
surance.
This assurance is binding on the Applicant- Recipient, its succes-
sors, transferees, and assignees. The person or persons whose
signatures appear below are authorized to sign this assurance on
behalf of the Applicant- Recipient.
]Date:
APPROVED AS TO FORM:
KA H RINE ANDERTON, TOWN ATTORNEY
ATTEST:
EE, S�Mll— —
By:
DAVID KNAPP, TOWNQQANAGER
Address: 110 E. MAIN STREET, LOS GATOS, CA
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