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Resolution 491 cr<.........- ,-, . <:t....t"' " ""'RESOtUT:raJ.IT' 491' .....-. N'r BE IT RESOLVED by the ~OOC~1JA~lw City of Gilroy and hereby ordered tha: ~ ~. B. Carr City Clerk or Cecit A Reinsch,.. DUEt: Pnrnh~~1~t A~n~ . sha11 be and ~ is here y authorized as the representa ive of City of Gilroy to sign the warehouse issue sheet (SEASP Form Ill) of the California State Educational Agency for Surplus Property which contains the following terms and conditions:! I. THE DONEE HEREBY CERTIFIES THAT g (1) It is a tax-supported or nonprofit and tax-exempt (under Section 501(c)(3) of the Internal Revenue Code of 1954 or Section 101(6) of the Internal Revenue Code of 1939) school system.., school, ( college9 university~ medical institution, hospital, clinic or health center.\) or a civil defense organization designated pursu- ant to State law 9 wi thin the meaning of the Federal Property and Administrative Services Act of 1949.\) as amended9 and the regula= t,ions of the Department of Health.\) Education;l and Welfare (hereinafter referred to as ttThe Department"). (2) The property requested by this docUJnent is usable and necessary in the State for either educational.\) public health.\) or civil defense purposes including research for ~ such purpose, is required for its own use to fill an existing need, and is not being acquired for any other use or purpose, for use outside the State.\) or for sale. (3) Funds are available to pay the costs of care and handling inci- dent to donation" including packing.\) preparation for shipping9 loading and transporting such property. (4) Property acquired by a donee.\) regardless of acquisition cost.\) shall be on an "as islli, "where is" basis without warranty of any kind" (5) With respect to any property listed on this document or attach- ments hereto which has a single item acquisition cost of $2,500.00 or more:; the donee agrees to the terms and conditions in Paragraph IT and with respect to any such property other than aircraft, to the terms and conditions in one of Paragraphs III or IV.., whichever is appropriate by virtue of the designation of purpose indicated on the face of this document. II. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PRDPERTY HA. VING A SmGLE ITEM ACQUISITION OOST OF $2.9500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIREDg (1) Such property shall be used only for the educationa1,9 public health, or civil defense purpose for which acquired,9 including research for any such purpose9 and for no other purpose. (2) Donees shall make reports to the state Agency on the usej condi- tion, and location of such property and on other pertinent matters as may be require~ from time to time by the State Agency,9 the Department.\) or the Office of Civil and Defense llobi1ization, as appropriate 0 frL9/ 1 III. TERMS AND CONDITIONS APP'Ll'CnmE"'TO PROPERfi OmER THAN AmCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF $2:1500.00 OR MORE DONATED FOR EDUCATIONAL OR PUBLIC HEALTH PURPOSESg (1) Such property shall be placed in use for the purpose for which acquired no later than twelve months after acquisition thereof. In the event such property is not placed in use within twelve months of receipt9 the donee,9 within 30 days after the expiration of the twelve-month periods shall notify the Department in writing through the appropriate State Agency. Title and right to the possession of such property not so placed in use within the above-mentioned period shall at the option of the Department revert to the United Statesof' America,9 and upon demand the donee shall release such property to such person as the Department or its designee shall direct. ( 2) '!'here shall be a period of restriction which will expire after such property has been used for the purpose for which acquired for a period of four years:l except that the period of restric- tion on motor vehicles donated subsequent to June 3,9 1955, 1fi.ll expire after a period of two years of such use. ( 3) During the period of restriction the donee shall not sell, trade, leasel1 lend, bail, encumber, or otherwise dispose of such prop- erty or remove it for use outside the state without prior written approval of the Department. Any sale,9 trade I> lease, loan, bail- ment.9 encumbrance or other disposal of property, when such action is authorized by the Department, shall be for the benefit and account of the United States of America and the net proceeds thereof shall be received and lle1d' in trust for the United States of America and shall be paid promptly to the Department, except in those instances in which the Department determines that the Governmentis administrative costs in connection with receipt thereof will exceed such net proceeds 0 (4) In the event such property is sold.9 traded,9 1eased,9 loaned,9 bailed, encumbered,9 or otherwise disposed of during the period of restriction without prior approval,9 the donee at the option of the Department, shall be liable to the United States of America for the proceeds of the' disposal or for the fair market value of the property at the time of such disposal as determined by the Department. (5) Ifl1 during the period of restrictions property is no longer suitab1ej usable or further needed by the donee for the purpose for which acquired, the donee shall promptly notify the Depart- ment through the State Ageney, and shall, as directed by the Department or State Agency,9 either retransfer the property to such department or agency of the United states of America or such other donee as may- be designated,9 or sell the property at public sale. Such public sale shall be for the benefit and account of the Un! ted states of America and the net proceeds thereof shall be received and held in trust for the United States of America, and shall be paid promptly to the Department, except in those instances in which the Department determines that the Governmentvs administrative costs in connection with receipt thereof will exceed such net proceeds. r ... I I (6) ~ t. opioionof the pepartmentj/ the <ionee.-Pl&Y. abrogate the terms and condiiions set, forth in P~agraphs II and III by payment of an amount as determined by .the Departmento IV. TERMS ~ CONDITIONS APPLIOABLE TO PROPERTY OTIm:R THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITIOO COST OF $2,5OQ.00 OR MORE DONA'lED FOR CIVIL DEFENSE PURPOSES: (1) With respect to property donated for civil defense traininJII: . purpos~s there shall be a period of restriction which will expire after such property has been used for such purpose for a period .)., of four years, except that the period Qf restriction on motor vehicles will expire after a period of two years of such use. (2) With respect to property donated for operational readiness or reserve stock purposes, there shall be a period of restriction wpich shall continue in fUll force and effect until released or otherwise terminated in writing by' the Director~ Office of Civil and Defense Mobilization. (3) In the event any donated property is used during the period of restriction for any purpose other than that for which the prop- erty was acquired, without prior written authorization by the Director, Office of Civil ana Defense Mobilization, all right title and interest in and to the property, at the option of the Director~ Office of Civil and Defense Mobi1ization~ shall revert to the United States of America. (4) During the period of restriction the donee shall not sell, trade lease, lend>> bail, encwnber.\l or otherwise dispose of such prop- erty or remove it for use outside the State without prior w:ritten approval of the Director, Office of Civil and Defense Mobilization. (5) If, during the period of restrictionjl property is no longer suit- able, usable or further needed for the purpose for which acquired~ the donee shall promptly notify the Directorjl Office of Civil and Defense Mobilization through the State Agency (Califomia Disaster Office) and shall, as directedjl by the Director, Office of Civil and Defense Mobilization or State Agency, either retransfer the property to such department or agency of the United States of America or such other donee as may be designatedjl or sell the property at public sale 0 (6) In the event such property is soldjl tradedjl leased; loaned, bailed, encumberedjl or otherwise disposed of during the period of restriction without prior approva19 the doneejl at the option of the pirector.\l Office of Civil and Defense Mobilization, shall be liable to the United States of America for the proceeds of the disposal or for the fair market value of the property at the time of such disposal as determined by the Directorjl Office of Civil and Defense Mobilization. (7) Property donated for purposes of civil defense reserve stocks shall be stored in accordance with criteria made and approved by the Director, Office of Civil and Defense MObilization and maintained in, good operating condition by the donee acquiring title to such propertyo , ~ RESOLVED FURTHER'thltt a certified copy of this resol~io"e .. ven' to the state of california, state Educational Agency'for Surplus Property, and that same shall remain in full force and effect untllwritten notice to the contr8rT is given said Agenc:y. ~ Signature ot person authorized to ai~ 1_. :~ PASSED AND ADOPTED THIS 1st day ofDecemrr , 195JL, by the Governing Board of the City o. Gilroy County, California, by the following vote: Jordan AYES: Pate, Wentworth, Gallo, Petersen"" Rush, NOES: None ABSENT: None I, G. B. Carr , Clerk of the Governing Board of ~e 1 CJ.1v " of ~ov. County, California, dO hereby certify the forsgQing is a , trus,and correct copy ,of ,a resolution adopted by the said Board at a "'T'~'" . lIleetingthereof held at its regular place of meeting a, the time and by the vote above stated, which resolution is on file. in the office of the said Board. M~~ Clerk