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HomeMy WebLinkAboutCC RES 97-0761 RESOLUTION NO. 97-76 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 3 CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR PUBLIC BENEFIT CONVEYANCE TO THE FEDERAL DEPARTMENT OF HEALTH ~ AND HUMAN SERVICES FOR PROPERTY AT CLOSING MCAS TUSTIN 5 The City Council of the City of Tustin does hereby resolve as follows: 6 WHEREAS, certain real property owned by the United 7 States, located in the County of Orange, State of California, has been declared surplus and is subject to assignment for 8 disposal for public health purposes by the Secretary of Health 9 and Human Services under the provisions of Section 203(k)(1) of the Federal Property and Administrative Services Act of 1949, as amended, and rules and regulations promulgated 10 pursuant thereto, more particularly described as follows: 11 WHEREAS, the City of Tustin needs and can utilize.said property for public health purposes in accordance with the 12 requirements of said Act and the rules and regulations promulgated thereunder of which this City Council is fully 13 informed,-..including commitments regarding use and time such use shall commence. NOW, THEREFORE, BE IT RESOLVED, that the .City of Tustin 15~ shall make application to the Secretary of Health and Human' Services for, and secure the transfer to it, of the .above- 16 mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, 17 conditions, and restrictions as the Secretary of Health and Human Services, or his/her authorized representative, may 18 require in connection with the disposal of said property under said Act and the rules and regulations issued-pursuant 19 thereto; and 20 BE IT FURTHER RESOLVED, that the City of Tustin has legal authority, is willing, and is in a position financially and 2~ otherwise to assume immediate care and maintenance of the property, and that William A. .Huston, City Manager, and/or 22 Christine A. Shingleton, Assistant City Manager hereby authorized, for and on behalf of the City of Tustin to do and 2~ perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, 24 making, and filing of plans, applications, reports, and other documents; the execution, acceptance, delivery, and 25 recordation of agreements, deeds, and other instruments pertaining to the transfer of said property; and the payment 26 of any and all sums necessary on account of the purchase 27 28 1 Resolution No. 97-76 Page 2 3 price thereof, including fees or costs incurred in connection with the transfer of said property for surveys, title 4 searches, appraisals, recordation of instruments, or escrow costs, together with any payments by virtue of nonuse or 5 deferral of use of the property. 8 If the applicant is unable to place the property into use within the time limitations indicated below (or determines 7 that a deferral of use should occur), it is understood that the City of Tustin will pay to the Department for each month 8 of nonuse beginning 12 months after the date of the deed, or ~ 36 months where construction -or major renovation is contemplated, the sum of 1/360 of the then market value for 10 each month of nonuse. I] If the application is approved, a copy of the application and standard deed conditions will be filed with the permanent ]2 records of the City Clerk for this item. 13 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4th day of August, 1997. 18 TE OF CALIFORNIA ) 19 COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 20 CERTIFICATION FOR RESOLUTION NO.. 97-76 21 PAMELA STOKER, City Clerk and ex-officio Clerk of the City 22 Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of ~ the City of Tustin is 5; that the above and foregoing Resolution No. 97-76 was duly and regularly introduced, 2~ passed, and adopted at a regular meeting of the Tustin City Council, held on the 4th day of August, 1997. 25 COUNC ILMEMBER AYES: THOMAS, SALTARELLI, DOYLE, POTTS, WORLEY ~ COUNCILMEMBER NOES: NONE UNCILMEMBER ABSTAINED: NONE · ~L~ ~TOKER 28 lerk