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HomeMy WebLinkAboutContract 45478 Ctry SWWAW CONTRACT NOI STANDARD LOAN AG E EN I" By this agreement, made and entered ij to by and between the CITY OF FORM" WORTH "Lender"),, a home rule municipal corp ration organized under the laws of the State of "1'exas acting by and through Fernando Costa, its duly authorized Assistant City :Manager, and the OV- 10 BRONCO ASSOCIATION, INC., a FORS WORTH AVIATION MUSED Borrower"'), acting by and through Jim Hodgson, its duly authorized president (collectively the Parties"). J"he Lender hereby loans to the Borrower the following, property which is permanently. assigned to the Lender: Item# Item Description praised aye X5221.2- 6 Vultee T-1 3/SNV 351000.00 52212- 6 ' A-12 full Seale mlock .. 7,5 . 041212-141 -36 gunsight module 50.00 041212-216 Wooden Crate steel machined missiles, brnl , �� .00 attacb,ments and armaments related to wind tunnel testing. F-111 041212-226 Bomb shapes steel wind! tunnel .Models for F1 11 450.00 041 2 1 2-221 Missile shapes steel wind turuiel models for F 111 450.00 04121 -234 -111 wind tunnel, model 41500. 052212-001 28 v power supply east for -12 75.001 05 '21 -008 '-111 display model 75.00 0 2212- electrical cart 1 5.00 052212-050 A-12 wind t-unnel model 275. 052212-064 A-1 2 yodel display blase 2 .00 X2212-151 A. 12 model (fuselage), 15250.00 0522 1 2-152 *A-12 model (outer wing section) Included in cost above L) 2212-1 3 *A-12 model (outer wing section) Included in cost above (R) 01522 1 2-1 AIM-7 i to 20.00 82 1 -010!x' WW l 1:..,ocklear Uni d -i _ 7,5001.00 021312-024 N. T exas airfield kiosk .0 052 2 12-129 B-36 tunnel, entry base plus accessories .! ...:............... .. ...:............. . 0152212-130 _ B-36 tunnel exit base plus accessories 0.00 0512212- 45 Wind Tunnel Lab Tab Appraisal of all items completed by National Appraisal Consultants n 2012 0 "IC r RECORD ' III � � w RECEIVED MAR' 2 8 2014 SECRET F` 11WNTH9 TX E 'I APR, - 10141 U @ ifn uG'IPdXW'bu'CIIBIG(((uiviYAIIINNP GPIlllfuUtl?WIVAN�Wh1YMll RLaiv The Lender agrees, to place the above listed property on subcustody to the Borrower for an initial period to commence on the date of execution of-thi's agreement ("Effective Date") and expire at 11-059 P.M. on September 30, 2014. Unless terminated in accordance with the provisions, of this agreement, this agreement shall autornati"call y renew for successive Renewal Tel-in of one year each, commencing at 12,:00 A.M. on October I st of each, year and expiring, at 11:59 P.M. the following September 3 01h not to be renewed past September 3 0,2,0 2,4 The Borrower agrees to not SUb-lease or display, the above! Government property at another, location without prior written permission from the Lender. The Borrower has applied 'in writing by letter for the loan of the above property, and hereby t, agrees to accept it on an '''as is, where is" basis, to, be responsible for all, arrangements and to assume and pay all costs,, charges, and expenses incident to the loan of this property. This includes the cost of preparation for tran.sportation from the city facilities to the Fort Worth Aviation Museum facilities. This also includes,the disassembly, packing, crating, handling, transporting., and -me�d property to the Borrower's location other actions incidental to the movement of the loz indicated.herein. Any work product, equipment or material resulting from efforts or at the expense of the Borrower with regard to the items listed above will become a pemianent part of that item and will be considered the property of the Lender unless specifically-exempted by the Lender. The Borrower agrees to repair or replace, at the discretion,of the Lender, the be item, for any and all loss or damages that may be inflicted on the items by the Borrower. If the material borrowed is irreplaceable, the borrower may be required to make monetary restitution to the Lender up to the full amount of the appraised value of the item. The Borrower agrees to be responsible for routine maintenance. The Borrower agrees to notify the Lender if any of the aircraft or materials begin to,deteriorate beyond normal maintenance that the Borrower is unable to provide and work with the Lender to determine the appropriate action. The Borrower shall, obtain no interest in the loaned property by reason of this agreement and title shall remain,in thet.,ender at all times. Any requirements,modifficatilons or additions on or to the property is limited to that approved in writing by the Lender and becomes the property of the Lender. The Borrower agrees to use the loaned property in a careful and prudent manner, not without prior written permission of the Lender to modify, restore, or mow-it on pylons or any structure above ground in any way, which would alter the original form, design, or the historical s* *f -n routine maintenance igni icance of said property,, to perforl intenance! so as not to reflect discredit on the Lender and to display and protect it in accordance with the instructions set forth in Attachment One, incorporated herewith and made part of this Loan Agreement. Additionally, refer to Attachment 1, Supplemental Requirements t"or Aircraft,, Item 4, for more guidelines. The Borrower agrees, to accept physical custody of the property within 60 days, after execution of this agreement, to receipt to the Lender for said property on assuming custody of it, to place it on exhibit within 120 days,, and to report annually to -the Lender on the condition and location of the property. Extendin,these time limits is at the Le�nder"s discretion. The Borrower agrees to provide the Lender with 4 x 6 color prints on the loaned property within 90 days of the arrival of the items at the Borrower's location and upon submission of the annual certification statement. The photographs shall depict one full length photograph and one individual photograph clearly 'Identifying the item. Photographs shall include general views of the display/storage areas with enough detail to identify each item and/or!artifact. The Borrower agrees not to use the loaned property as security for any loan, not to sell, lease, rent, lend,, or exchange the property for monetary gain or otherwise under any circumstances. Sub-custody assignment or loaning the property to any other entity will be only with the prior, Witten approval of-the Lender. The Borrower agrees, to allow authorized City of Fort Worth representatives access to the Borrower's records and facilities, to assure accuracy of information provided by the Borrower and compliance with the terms, of this Loan Agreement. The Borrower agrees to indemnify, save harmless, and defend the Lender from and against all claims, demands,, actions, liabilities, Judgements, costs, and attorney's fees, arising out of claimed on account o'f, or in any manner predicated upon personal injury, death, or property damage caused by or resulting from possession and/or use of the loaned property., The Borrower agrees, to return said property to the Lender on termination of this Loan Agreement, or earlier, if it is determined that the property is no longer required, at no expense to the Lender. The failure of the Borrower to observe any of the conditions set forth in this Loan Agreement shall be sufficient cause for the Lender to repossess, the loaned property. Repossession of all or any part of the loaned property by the Lender shall be made at no cost or expense to the Lender; the Borrower shall defray all maintenance, freight, storage, crating, handling, transportation, and other charges attributable to such repossession. IN WIT NASS WH OF, the parties, hereto have executed this Agreement in multiples on this the 3_day of 2014. CITY OF FORT WORTI-I: Fernando Costa, Assistant City Manager Date: s"rATE OF TEXAS § COUNTY OF TARRANT' § BEF01RE ME the undersigned authority, a Notary Public M' and for the State of Texas, on this day personally appeared Fernando Costa,, known to me to be the person whose name 'is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of'Fort Worth for the purposes and consideration therein expressed and in the capacity 'therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay 2014. A EVOiNIA DANIELS /Vii ...................- Not0f,"Y'Ribific,,state ollf Texas 'star y Public in and for the State of Texas commission Expires July 10, 20", A.PPROVED, AS TO FORM ATTEST, rim AND L GALI1 410141 .- By* B C 4 y A harlene Sanders y Kayser Assistant City Attorney City Secretary M&C: Not Required 00 0 NNW* A? 40000000 BORROWER: A.P. Sri AS OFFIC"IM...REC`10, RD G11111TY SEC,;,"R r:,,11,,,A2& F1 iR TX .......... OV-10 13RONCO ASSOCIATION, INC., d/b/a FORT WORTH AVIATION MUSEUM By: By- /Jifil Hodgson, Fir v dent Date:-1,3// Z_/Z/ �( f STATE OF TEXAS § COUNTY OF lh402A�J�r § BEFORE ME, -the undersigned authority, a Notary Public in and for the State of Texas, on fl is,day personally appeared Jim Hodgson, known to me to be-the person whose name 'I's subscribed to the foregoing instrument, and acknowledged to me that the same was the act of OV-10 BRONCO ASSOCIATION, INC., d FORT WORTH AVIATION MUSEUM, and that he executed the same as,the act of OV-10 BRONCO ASSOCIATION, INC., d/b/a FORT WORTH AVIATION MUSEUM, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND: SEAL OF OFFICE this day 20 14. I 110-I! JONNIE RE Nota ryXiblic in and for the State of Texas Notary Public,St8te Of TeX" my commission Expir 4 May 200 201, ATTACHMEN rl, ONE ,�UPPLEMENTAL R.EQU­R,EMEN'T'S FOR ITEMS L Where applicable the Borrower agrees to remo�ve, from. City premises, the loaned items, within 60 days after execution of this agreement. 2. The Borrower agrees to use the loaned "items for display or educational purposes only and to protect the items from vandalism by displaying it behind fences, or by other suitable means to deter easy access. The Borrower further agrees to place the items on display within 120 days or as may be otherwise specified by the Lender following physical acceptance of the items and to p ide the Lender with a 4 x 6 photograph depicting bow the aircraft is displayed. In addition, the pry I I I I Borrower agrees, to furnish the Lender a statement within 30 calendar days following the last day of each calendar year, certifying that the items ,,are still in the possession of the Borrower and being displayed in the same manner and condition as indicated by the original, photograph or provide an updated photograph and details regarding changes. 3. The Borrower agrees, that the aircraft included in the loaned iterns, shall not be restored to flying condition, nor shall the aircraft be flown or operated, including engine and systems operations, under any circumstances. 4. The Borrower agrees to maintain the loaned iterns in good material condition including corrosion control, painting, preservation, etc. and not to cannibalize, exchange, or remove parts of the items or to modify the items, without written permission by the Lender. In addition, the Borrower shall seek written permission from the Lender PRIOR to painting any markings or insignia onto items, especially with respect to names being applied to aircraft. 5. If, at any time, -the loaned Items are no longer used for display or educational if the Borrower no longer wishes 'to keep the loan-ed * I purposes, or 1 items, written notice shall be 9 iven to the Lender and the Lender shall be entitled to immediate repossession of the 'items. The Lender will exercise its option within 60, days after receipt of written notice ftorn the Borrower and will advise the Borrower that the Lender desires to, repossess the loaned items and will arrange for appropriate disposition at the present location. _1.