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RESOLUTION NO. 80-21 TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (l) It is a public agency; or · nonprofit educational or public health institution or organization, exempt from taxation under Section $01 of the Internal Revenue Code of 1954; within the meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) if a public agency, the property is needed and will be used by the ~eciplant for carryin~ out or promotin~ for the m~denta of ~ ~iven political xrea one or more public purposes, or, if a oonprofit tax-exempt institution or organization, the property is needed for mid wi~ be used by the recipient for educational or public health purposes, and incindin~ research for such purpose. The property is not beli~ acquired for any other use or purl~ose, or for sale or other distribution; or for permanent use outside the state, except with prior approval of the state (3) Funds ate available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of sutpins personal property issued under Title VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of ?49, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended. (B) THE DONEE AGREES TO THE FOLLOWING FED£RAL CONDITIONS: (1) Ali items of property shall be p!aced in use for the purpose(s) for which acquired within one year of receipt and shall be ~onrinued in use for such purpose(s) for one year fTom the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expense, return such property to the staC%'agency or otherwise make thc property available for transfer or other disposal by the state agency, provided the property is still usable as deC'rained by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (B)(1) and (2), title an~ right to the possession of stlch property 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 GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITE~dS WITH A UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (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 period of 18 months from the date the property is placed in use, except for such items of rn~jor equipment listed hereon, on Which the state agency designates a further period of restriction. (3) In the event the property is not so used as required by (CX1) and (2) and federal restrictions (B)(I) and (2) have expired then title 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 (D) THE DONEE AGREES TO THE FOLLOWING TERMS, R~SERVATIONS, AND RESTRICTIONS: (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 remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it 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, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA o! by the state ~ncy, shall be rem.irted promptly by the donee to GSA or the state agehcy, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, oF otherwise disposed 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 t!~ effect, without thc prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or ~ha/state 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 disposal, as determined by GSA or the state ~ency. (3) If at any time, from the date it receives the ptoperty through the period(s) of time the conditions imposed by (ii) and (C) remain in effect, any of the property listed hereon is no longer suitable uSable or further needed by the donee for the purpose(s) for which acquire, the donee shall promptly notify the state agency, and shall, as directed by ~he state agency, return the property to the state agency, ralea~e the property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the dohee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on ~ther pertinent matters as may be required from time to time by the state agency. ($) At the option of the state agency, the donee may abrogate the conditions set forth in (C) sad the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determineil by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an "as is," "~here is" basis, without warranty of any kind. (2) Where a donee ca,ties insurance against damages to or loss of property due to fire or other hazards and where loss of or dam~se to doneted property with unexpired t~rms, conditions, reservniion~ or restrictions occurs, the state agency will be ehtitled to reimbursement t~om the donee out of the insurance proceeds, of an amount equal t0 t~e unamortized portion of the fair value of the damaged or destroyed donsred items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENG.TH) HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, ~ations, ami restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative. F76-233 C)u10780 7-77 7,~00 EXHIBIT "A"