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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 %._, , iww:_ 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 �n