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Res 1171 - Gift T-33A Aircraft -~ I COUNCIL BILL NO, 1462 RESOLUTION NO. 1171 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CONDITIONAL DEED OF GIFT OF A T-33A AIRCRAFT FROM THE UNITED STATES GOVERNMENT; ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF OREGON FOR MAINTENANCE OF SAID AIRCRAFT; AND RELEASING YOUTH ADVENTURES INC, FROM A PREVIOUS AGREEMENT. WHEREAS, in 1963 the City applied for, and received from the United States government, a T-33A aircraft, to exhibit and display for the enjoyment of residents of the City; and WHEREAS, said aircraft has been displayed on the grounds of MacLaren School and maintained by virtue of an agreement between the City and Youth Adventures, Inc,; and WHEREAS, in recent years, MacLaren School personnel have performed the maintenance work on the aircraft instead of Youth Adventures, Inc,; and WHEREAS. the State of Oregon is willing and able to enter into a formal agreement with the City to perform maintenance on the aircraft and assume the responsibility formerly agreed to by Youth Adventures, Inc,; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1, That the Mayor is authorized, on behalf of the City, to execute acceptance of the Conditional Deed of Gift from the United States of America, a copy of said deed which is attached hereto as Exhibit "A" and, by this reference, is incorporated herein, Section 2. That, concurrent with the City's acceptance of the Conditional Deed of Gift, the Mayor is authorized to execute an intergovernmental agreement with the State of Oregon, Department of Human Resources, Children's Services Division, for the maintenance of said aircraft, a copy of said agreement which is attached hereto as Exhibit "B" and, by this reference, incorporated herein, Section 3, That concurrent with the City's acceptance of the Conditional Deed of Gift and execution of the intergovernmental agreement, the Mayor is authorized, on behalf of the City, to execute a mutual release with Youth Adventures, Inc" a copy of said release which is attached hereto as Exhibit "C" and, by this reference, incorporated herein, Page 1 - COUNCIL BILL NO, 1462 RESOLUTION NO, 1171 "', Approved as to form: en ~ ~ ,-/ J 6 J 7 J City Attorney ~' DatE! I APPROVED: !, 'g'tJ IJ;~ Le Ke(ley, Mayor' Passed by the Council Apr; 1 12, 1993 Filed in the Office of the Recorder ATTEST: /fl~--r~ MaryVrennant, City Recorder City of Woodburn, Oregon April 13, 1993 April 13, 1993 April 13, 1993 Submitted to the Mayor Approved by the Mayor ,':<, Page 2 - COUNCIL BILL NO, 1462 RESOLUTION NO, 1171 ....-_ -.. -..--.. .....,.-..-..----.--.'r-.-.~-.--.-'-~--.. .-"---------------~----~ ...., I Exhibit "A" CONDITIONAL DEED OF GIFT THIS AGREEMENT, made as of , 1993 between the UNITED STATES OF AMERICA (hereinafter called "the Government" or "the transferor") represented by the Aerospace Maintenance and Regeneration Center and the City of Woodburn. Woodburn. Orel?:on (herelnafter called "the transferee") operating under the laws of the State of Ore Ron and located at Woodburn. OreRon WITNESSETH: I. 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 City of Woodburn. Woodburn, Oregon is eligible under terms of 10 USC 2572, paragraph (a)(l). 2. The transferee Undated to assume and the transfer, transportation has applied in writing by letter dated for a T-33A aircraft and has agreed pay all costs, charges, and expenses incident to including the cost of any required preparation for to Woodburn, Oregon 3, The Government agrees: (a) to release T-334 , Serial Number: 51-6653 to the transferee on an "as is, 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- ~ -_._-...--....-...__._~..",_.-,.._~_..._"... .~,-~_...~.,,-_.~---_._--" 'I 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 informatioR provided to the transferor and compliance with the terms of this Conditional Deed of Gift, 10, Title 1S 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- ,...."- -_.....__.t..._.~._.T'- -----._,._....,.-~~..,'" -- ._"._._._-~- '" I session cluding tain the thereof, and the transferee shall bear all expenses, in- legal and other costs incurred by the transferor to ob- return and repossession, as well as any storage costs. II, 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 requirement for arrangements for the the the transferee that the transferor has another transferred item and will make appropriate 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, ~, "'I 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 Aerospace Maintenance and Regeneration Center. 1993 , at the united States of America ~ By: JOE R. McKINNEY Title: Chief, Aircraft Disposition 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". \ \ Executed on behalf of the transferee this ~ day of April, 1993, at Woodburn City Hall. 270 Montaomery St.. Woodburn. OR 97071 By: City of Woodburn (Name of Transferee Organization) (~7,~~ , Mayor Title: Address: 270 Montaomery St. Woodburn, OR 97071 -.., -, 'I ATTACHMENT 1 CERTIFICATE OF ASSURANCE OF COMPLIANCE City of WoodbUlltl. Woodburn. Oregon (hereinafter called "Applicant-Recipient") hereby 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, possesslon 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-~'U , one each, Serial Number: ~1"/;';~~ 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: Aoril 13, 1993 City of Woodburn ~ By: (1!'4~ ~../~1 , Mayor / Address: 270 Montgomery Street Woodburn, OR 97071 ~, ~.. .-'" Exhibit "B" INTERGOVERNMENT AL AGREEMENT CSD Contract Number: 2::JJil Date: March 22, 1993 This Agreement between the State of Oregon, Department of Human Resources, Children's Services Division. hereinafter referred to as the "Division" and CITY OF WOODBURN hereinafter referred to as the "City" begins April 1, 1993, and ends June 30, 1995, and includes the foJlowing that are attached hereto: SCHEDUlE ~ 1 Document TIllS AGREEMENT CONSTITUfES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF TIllS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES, SUCH WAIVER, CONSENT, MODIFICATION, OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITIEN, NOT SPECIFIED HEREIN REGARDING TIllS AGREEMENT, CITY, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ TillS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDmONS, Reviewed by CSD Contracts Office;\' '{4 .~~;>~ Date: 3/2...~ /"13 I AGREED: CITY CITY OF WOODBURN 270 Montgomery Street :y~J(enJ~7~1 Date Apr; 1 13~ FED, LD: (#) 93-6002282 AGREED: CHll..DREN'S SERVICES DIVISION By Date: BUDGET: 91-93 93-95 J SCHEDULE CITY OF WOODBURN DATE: March 22, 1993 I, PURPOSE This Agreement provides for the display and maintenance of the City's USAF T- 33A aircraft at the Division's, MacLaren School Campus, 2630 North Pacific Highway, Woodburn, Oregon, The aircraft was donated to the City by the United States Air Force, The aircraft's serial number is 51-6653, II. CITY'S RESPONSIBILITIES A. City is responsible for any reporting requirement to the United States of America, Aerospace Maintenance and Regeneration Center. B, City will notify the Division if the aircraft is not being properly displayed and maintained, III. DIVISION'S RESPONSIBILITIES A, Division will use the transferred aircraft in a careful and prudent manner, and shall maintain it and make such repairs as are necessary to keep it in a clean and safe condition so that its appearances will not discredit the City, B. Division will keep the grass within a 100 foot radius mowed and keep the exterior of the aircraft painted, C Division agrees that the transferred aircraft shall not be restored to flying condition, nor shall the transferred aircraft be flown under any circumstances. D, Division agrees to be responsible for any damage or any third party liability which may arise as a result of having the transferred aircraft setting at the Division's MacLaren School subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30,300 and the Oregon Constitution Article XI, Section 7 to the extent of liability arising out of the negligence of the Division, The Division shall not be required to indemnify or defend the City for any liability arising out of the wrongful acts or employees or agents of the City, E. Division agrees to allow authorized representative's from the City access to the aircraft for inspection and reporting purposes, However, The City must contact the Division's MacLaren School Superintendent before any such visits, II I. TERM This Agreement shall begin on April 1, 1993, and end on June 30, 1995. IV, TERMINATION This agreement may be terminated by mutual consent of both parties, or by with party upon 60 days' notice, in writing and delivered by certified mail or in person, ,---,-,-""---",,,,-,--~--,--'-'-"------'-'-""..'-"-""---,-_.~-_. Exhiblt ",-- MUTUAL RELEASE Youth Adventures, Inc. and the City of Woodburn mutually release and discharge each other from any duty, rights or liability of any kind or character which may have existed, now exists or might exist in the future or be determined to exist pursuant to an Agreement executed by Youth Adventures, Inc, and the city of Woodburn on September 20, 1963, Each party individually warrants to have disclosed to the other all material facts necessary to evaluate such a release. AGREED: AGREED: CITY OF WOODBURN 270 Montgomery Street woo~' OR 97071 By:, ~~ ~~f Title Mayo'r I Date: April 13, 1993 YOUTH ADVENTURES, INC. 15544 S. Clackamas River Drive Oregon City, OR 97045 By: Title: Date: !