|
TEI~VlS AND CONDITIONS
<br />
<br />(A) THE DONEE CERTIFIES THAT:
<br />
<br /> (1) It is a public agency; or a nonprofit educational or public health institution or organiz~ttinn, exempt l~oan taxation under Section 501
<br />of the Internal Revenue Code of 1954; within the meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949,
<br />as amended, and the regulations ~f the Administrator of General Services.
<br />
<br /> (2) If a public agency, the property is nccdcd aud will be used hy the recipient l~r carrying out or promoting fi~r iJt~. residents of a given
<br />political. area one or more pubhe purposes, or, if a nonprofit tax*exempt institution or organization, the property is needed for and will be used
<br />by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any
<br />other use or purpose, or for sale or other distribution; or for permanent use outside the smta, except with prior approval of the state agency.
<br /> (3) Funds are available to pay all costs and cha~ges incident to donation.
<br />
<br /> (4) This transaction shah be subject to the nondis~riminatinn regulations governing the donation of surplus personal property issued
<br />under Title VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as
<br />amended, and Section 504 of the Rehabilitation Act of 1973, as amended.
<br />
<br />(B) THE DONEE AGREES TO THE FOLLOW1NG FEDERAL CONDITION$:
<br />
<br /> (1) All items of property shall in placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in
<br />use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so pla~ed in use, or
<br />continued in use, the done~ shall immediately notify the state agency and, at the done~'s expense. return such property to the state agency, or
<br />otherwise make the property available for transfer or other disposal by she state agency. provided the property is still usable as determined by
<br />the state agency.
<br />
<br /> (2) Such special handbrig or use limitations as are imposed by General Set/ices Administration (GSA) on any item(s) of property listed
<br />hereon.
<br />
<br /> (3) In tho event the property is not so used or handled as required by (B)(I) and (2), title and right to the possession of such property
<br />shall at the option of GSA revert to the Uniled States of America and upon demand the donee shall release such ptbperty to such person as
<br />GSA or its designee shall direct.
<br />
<br />(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A
<br /> UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
<br /> EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
<br />
<br /> (1) The property sbeil be used only for the purpose(s) for which acquired and for no other purpose(s).
<br /> (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a
<br />period of 18 months from the date the property is pla~ed in us, except for such items of major equipment, listed hereon, on which the state
<br />agency designates a further period of restriction.
<br />
<br /> (3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (B)(I) and (2) have expired then rifle
<br />and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release
<br />such property to such person as the state agency shall direct.
<br />
<br />(D) TIIEDONEEAGREESTOTHEFOLLOWINGTERMS, RESERVATIONS, AND RESTRICTIONS:
<br />
<br /> (I) FroIn the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above
<br />remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalire, encumber, or otherwise dispose of such property, or remove it
<br />permanently, for use outside the state, without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale,
<br />trade, l~ase, loan, bailmerit, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency,
<br />shall be remitted promptly by the donee to GSA or the state agency, as the case may
<br />
<br /> (2) In the event any of the property listed hereon is sold, traded, l-~ased, loaned, bailed, cannibalized, encumbered, or otherwise disposed
<br />of by tile deuce from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in elliot,
<br />without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state
<br />agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such
<br />disposal, as determined by GSA or the state agency.
<br />
<br /> (3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in
<br />effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the
<br />donee shall promptly notify the state agency, and shall, as directed by she state agency, return the property to the state agency, relgas~ the
<br />property to another donee or another state agency or a department or scene/of the United States, sdl, or otherwis~ dispose of the property.
<br />The proceeds from any sale shall be remitted promptly by the done~ to the state agency.
<br />
<br /> (4) The donee shah make reports to the stat~ agency on the us~, condition, and location of the property listed hereon, and on other
<br />pertinent matters as may be required from time to time by the state agency.
<br />
<br /> (5) At the option of the state agency, she fence may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions
<br />pertinent thereto in (D) by payment of an amount as determined by the state agency.
<br />
<br />(E) THEDONEEAGREE~T~THEF~LL~W~NGC~ND~T~~N~,APPL~CABLET~ALL~TEMSOFP~(OPER~`YL~STEDHERE~N:
<br />
<br /> (1) The property acquired by the donee is on an "as is~" "where la'~ basis, without warranty of any kind.
<br />
<br /> (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to
<br />donated property with unexpired t~rms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement f/ore
<br />the deuce out of the insurance proceeds, of an amount equal to the unamorrized portion of the fair value of the damaged or destroyed donated
<br />items.
<br />
<br />(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH)
<br /> HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
<br /> TIle donation sitall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document
<br />executed by the authorized deuce representative.
<br />
<br /> F76-233 DEI0780 7-77 7,500
<br /> /
<br />
<br />
<br />
|