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TERMS AND CONDITIONS
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<br /> (A) THE DONEE CERTIFIES THAT:
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<br /> (1) It is a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under Section
<br /> of the Internal Revenue Code of 1954; witbin the meaning of Section 2031jl of the Federal Property and Admin strat ve Services Act of 1949
<br /> as amended, and the regulations of the Administrator of General Services.
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<br /> (2) If a public agency, the property js needed and will be used by the recipient for carrying out or promoting for the residents of agiven
<br /> political area one or more public purposes, or, ira nonprofit tax-exempt institution or organization, the property is needed for and will he 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 state, except with prior approval of the state agency.
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<br /> (3) Funds are available to pay all costs and charges incident to donation.
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<br /> (4) This transaction shall be subject to the nondiscrimination 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 Rehab ation Act of 1973. as amended.
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<br /> IB/THEDONEEAGREESTOTHEFOLLOWINGFEDERALCONDITIONS:
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<br /> ( 1 )AII items of property shall be 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 frclm the date the property was placed in use. In the event the property is not so placed in use. or
<br /> continued in use, the rionee shall immediately notify the state agency and, at the donee's expense, return such property to the state agency. or
<br /> otherwise make the property available for transfer or other d sposa by the state agency provided the property is still usable as determined by
<br /> the state agency.
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<br /> (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed
<br /> hereon,
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<br /> (3) In the event the property is not so used or handled as required by (B)(1) and (2), title and right to the possession of such property
<br /> shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as
<br /> GSA or its designee shall direct.
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<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 LENGTtt AND AIRCRAFT:
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<br /> (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s).
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<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 placed in use, except for such terns of major equipment, listed hereon, on which the state
<br /> agency designates a further period of restriction.
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<br /> (3) In the event the property is not so used as required by (C)(I) and (2) and federal restrictions (B)(I) and (2) have expired then title
<br /> and tight to the possession of such property shall at the option of tile 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.
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<br /> (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
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<br /> (1) From 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 otberwise 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 ptoceeds from any sale,
<br />trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency.
<br />shall be rem,itted promptly by the donee to GSA or the state agency. as the case may be.
<br /> (2) In the event any of the property listed hereon s sold, traded, leased, loaned, bailed, cann balizeal, encumbered, or otherwise disposed
<br />of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect,
<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.
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<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 the state agency. return the property to the state agency, release the
<br />property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property.
<br />The proceeds from any sale shah be remitted promptly by the donee to the state agency.
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<br /> (4) The donee shall make reports to the state agency on the use. condition, and location of the property listed hereon. and on other
<br />pertinent matters as may be tequired from time to time by the state agency.
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<br /> (5) At the option of the state agency, the donee may abrogate the conditions set forth n (C/and the terms, reservations, and restrictions
<br />pertinent thereto in (D) by payment of an amount as determined by the state agency.
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<br />(El THED~NEEAGREE~T~THEF~LL~W~NGC~NDIT~~NS~APPLICABLET~ALLITEMS~FPR~PERTYLI~TEDHERE~N:
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<br /> (1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind.
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<br /> (2) Where a rionee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or danrage to
<br />donated property with unexpired t~rms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from
<br />the donee out of the insurance proceeds. of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated
<br />items.
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<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 /> The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document
<br />executed by the authorized donee representative.
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<br /> F76-233 DE10780 7-77 7,500
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