Donated Property Agreement

OMB Control Number:
2133-0504 Expiration Date:
01/31/2020
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Clearance Officer, Maritime Administration, MAR-390, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Contract No. MA-________________

United States of America
Department of Transportation
Maritime Administration

THIS AGREEMENT is entered into as of the ____ day of_______________ 20___,
by and between the United States of America, acting through the Department of
Transportation, Maritime Administration (hereinafter called the "Administration"), and the
(hereinafter called the "School"),

WITNESSETH:
WHEREAS:
1. The Merchant Marine Act of 1936 as amended by the Maritime Education and
Training Act of 1980, Public Law 96-453, § 1308 (October 15, 1980) (codified at 46 U.S.C.
§ 51103(b)) (hereinafter called the "Act"), provides that excess or surplus vessels,
shipboard equipment and other marine equipment, owned by the United States, may be
made available by gift, loan, sale, lease, or charter to the Federal and state maritime
academies and to any nonprofit training institution which has been jointly approved by the
Maritime Administration and the U.S. Coast Guard as offering training courses meeting
Federal regulations for maritime training.
FORM MA-1073, Revised 5/2012

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2. The School is a qualified institution under the Act. NOW, THEREFORE, in
consideration of the mutual promises hereinafter set forth, the parties hereto agree as
follows:
ARTICLE 1. Property. The following item(s) (hereinafter called "Donated
Property") are hereby donated to the School.
Item Description

Item Custodian

ARTICLE 2. Purpose. The School represents, agrees and warrants that the
Donated Property shall be dedicated for use by the School for the purpose of offering
training courses that meet Federal regulations for maritime training accordance with
Public Law 96-453, § 1308(b) (October 15, 1980) (codified at 46 U.S.C. § 51103(b)).
If the Donated Property is not used for maritime training within ___ from the effective
date of this agreement, then at the option of the Maritime Administration the School shall
transfer such Donated Property back to the Maritime Administration.
ARTICLE 3. Transportation Costs. The School shall be liable for all packing and
transportation costs associated with moving the Donated Property from its present
location to the School. The Donated Property shall be taken into possession by the
School within _____ days of the effective date of this agreement, which shall be the date
the Maritime Administration executes this agreement. If the Donated Property is not
taken into possession in this time this agreement may be terminated at the option of the
Maritime Administration.
FORM MA-1073, Revised 5/2012

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ARTICLE 4. Disposition. The School hereby agrees to retain the Donated Property
for training purposes for a period of not less than 36 months (such period running from the
date of this Agreement); provided however, that if any Donated Property becomes
deteriorated to such a degree that maintenance costs of any of the Donated Property
exceeds the instructional value of any such Donated Property, or if the School chooses to
replace any of the Donated Property with property of better quality and value during this
36 month period, the Donated Property may, with the written approval of the Maritime
Administration, be sold by the School. After 36 months, the title/ownership of a donated
vessel will transfer from the Maritime Administration to the School. Vessels donated
over 1,000 gross tons will require the Maritime Administration approval for a sale to a
noncitizen and/or to be transferred to foreign registry and flag. The School or any
subsequent owner will be required to submit a MA-29 application to the Maritime
Administration. The Maritime Administration will then process the application and issue
an approval notice. Any donated vessel by the Maritime Administration cannot be
operated in the foreign and domestic trades of the United States at anytime within 10
years after the donation, in competition with a vessel owned by a citizen of the United
States and documented under the laws of the United States. These conditions shall be
inserted into the bill of sale for the vessel and run with the title to the vessel.
ARTICLE 5. No Warranty. The School accepts the Donated Property as is, where
is, and without warranty of any kind and without any representation by the Administration
as to condition or suitability for any use.

FORM MA-1073, Revised 5/2012

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ARTICLE 6. Injury or Damage. By accepting the Donated Property in accordance
with this agreement, the School agrees to defend, indemnify and hold harmless the
United States its agencies, instrumentalities and employees, from and against any and all
claims, suits, actions, damages, demands costs, counsel fees, expense, and liabilities
resulting from any death, personal injury, or property damage arising out of the operation,
maintenance, or preservation of the Donated Property by the School.

FORM MA-1073, Revised 5/2012

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IN WITNESS WHEREOF, the parties, represented as aforesaid, have caused the
Agreement to be executed as of the day and year first written above.

ATTEST:

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION

____________________________
PRESIDENT

BY: ___________________________

(SEAL)

DATE: _________________________

ATTEST:

____________________________
SECRETARY

(SEAL)

FORM MA-1073, Revised 5/2012

BY: ___________________________

DATE: _________________________

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CERTIFICATE

STATE OF __________________ COUNTY OF ______________________
On this_______ day of _______________ 20___, before me personally
came _______________ who did dispose and say that he/she is the ____________
of the school described in, and which executed, the foregoing instrument; that he/she is
the same person described in and who executed the said instrument; that he/she was
duly authorized by the said school to do so; and that he/she freely executed the said
instrument.

NOTARY PUBLIC
My Commission Expires:

FORM MA-1073, Revised 5/2012