HomeMy WebLinkAboutContract 46257 CITY SEMETAW qLpr
DONEE'S ACKNOWLEDGMENT OF CoI�TRArT�'
"AS IS"GIFT OF PROPERTY
The undersigned("Donee")has requested a gift of TEXAS CHRISTIAN UNIVERSITY("Donor"),and
Donor intends to make a gift to Donee of certain property("Property")owned by Donor as hereinafter described,
and in consideration of such gift,Donee hereby acknowledges,states,represents,warrants,covenants and agrees
that:
1. "AS IS"Nature of Gift. DONEE IS FULLY AWARE THAT DONOR IS GIFTING AND
DONEE IS ACCEPTING THE PROPERTY DESCRIBED HEREIN ON AN"AS IS" BASIS;
DONOR MAKES ABSOLUTELY NO WARRANTIES OR REPRESENTATIONS WHATEVER
CONCERNING THE PROPERTY EXCEPT AS TO ITS OWNERSHIP AND AUTHORITY TO MAKE A GIFT
OF SAME;DONOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR OF THE FITNESS OF THE PROPERTY FOR ANY PURPOSE AND DONEE AGREES THAT THE
PROPERTY IS ACCEPTED"AS IS"AND"WITH ALL FAULTS OR DEFECTS";AND FURTHER DONEE
UNDERSTANDS AND AGREES THAT ALL WARRANTIES IMPLIED BY THE PROVISIONS OF THE
TEXAS BUSINESS AND COMMERCE CODE AND/OR ANY OTHER PROVISION(S)OF THE LAW ARE
HEREBY EXCLUDED FROM THIS TRANSACTION. FURTHER,DONEE HEREBY ASSUMES ALL OF
THE RISK ASSOCIATED WITH DONEE'S USE OF THE PROPERTY BOTH PRESENTLY AND IN THE
FUTURE. UPON CONSUMMATION OF THE GIFTING TRANSACTION CONTEMPLATED BY DONEE
AND DONOR,THE TERMS OF THIS ACKNOWLEDGMENT SHALL BE A PART OF THE TERMS OF SUCH
TRANSACTION AND THE TERMS OF THIS ACKNOWLEDGMENT CANNOT BE MODIFIED EXCEPT BY
WRITTEN AGREEMENT OF THE PARTIES HERETO. THIS ACKNOWLEDGMENT AND THE
CONTEMPLATED GIFTING TRANSACTION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
TEXAS.
2. Inspection of Property. Donee is accepting the gift of Property following,and in complete
reliance upon,Donee's full and entire inspection of the Property described herein and not by reason of any
representation made by or on behalf of Donor as to the merchantability,specific attributes,purposes or any other
references to the condition of such Property,said inspection being conducted and Donee"satisfaction being
determined solely by Donee prior to the execution of this Acknowledgment. Donee further understands and agrees
that the Property is used and may need repairs and/or reconditioning before use by Donee.
3. Release and Indemnification.Donee hereby waives,releases and unconditionally discharges Donor of and
from any and all liability and/or damages to Donee which may arise hereafter in connection with or relating to the
present or future condition of the Property and/or the present of future use,maintenance,repair and/or failure to
maintain or repair the Property;to the extent allowed by law,Donee further agrees to indemnify,defend and hold
harmless Donor of and from any and all claims of third parties which may hereafter arise in connection with the
present use or future use,maintenance,repair and/or failure to maintain or repair the Property gifted by Donor to
Donee including without limitation any claims,liability and/or damage caused by or resulting from the sole,
comparative or concurrent negligence of Donor,its agents,employees or independent contractors. These release
and indemnification provisions are not intended to cover claims of third parties that may have accrue 71t4TY e
period that the Property was owned and possessed by Donor. ICIAL RJTX
4. Description of Property. The Property to be gifted in connection herewith is identified as fo SECR
FT.WORT
SIGNED AND DATED THIS' DAY OF
RECOMMENDED Y• DONEE:If
W. IzINy
Jeffery W.Halstead arles W.Daniels
Chief of Police Title: Assistant City Manager F o A
APPROVED AS TO FORM AND LEGALITY: ATT ST:
o�
to
Kelly Madrid ary Kayser ° 8��/
Assistant City Attorney City Secretary °o
A�9,� a°°°o
RECEIVED DEC 16 P,M. X11 C
Donation Furniture From TCU
Dept $Value
FWPD Background dept
Credenza 1 50.00
Lat File 1 20.00
Sm. Table(Nurse) 1 15.00
Desk& Hutch 1 60.00
Desk Chairs 6 60.00
FWPD 7th Street Bike Dept
4 Drw File wood 1 20.00
Cabinet with doors Metal 1 20.00
Lat 4drw File Metal 1 20.00 I�
Desk 66" 1 40.00
Desk Chairs 6 60.00
FWPD NCIU
Lat file metal/light 1 20.00
Desk L-shape left with Lf ext 1 60.00
Hutch B-206 1 20.00
8 foot folding Table 2 20.00
Conference Table 8ft Igt/blk top 1 50.00
Podium 1 50.00
FWPD South Div.
Desk 1 40.00
Bookcase metal 1 20.00
EPIC Mounted Office Dept.
Black Lat. Files Metal 2 20.00
Large 2 section bookcase 2 100.00
Desk Exec. 1 40.00
Desk Exec. For Sec. 1 40.00
Glass End Tables 2 20.00
Credenza 1 50.00
FWPD Central Div. Dept
Bookcase Wood 1 40.00
FW Municipal Court
Desk Exec. A101&B101 2 80.00
Desk Chairs 2 20.00
Tables Gray 2 40.00
Bookcase 1 40.00
Total$Value $1,135.00