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6.C. - Page 24 of 29 <br />surplus City -owned property must first be offered to certain agencies. <br />The City Attorney should be consulted to ensure such offers are made in <br />compliance with the Surplus Land Act. <br />6. Negotiations and Agreement with Potential Purchaser or Lessee. <br />After the City has followed the appropriate process for disposing of real <br />property and identified the preferred purchaser or lessee, the City <br />Manager shall enter into negotiations with such purchaser or lessee, as <br />applicable. There should be an informal letter of intent between the <br />parties that summarizes the key business terms and conditions of sale or <br />lease before formal purchase and sale or lease documents are drafted. <br />The negotiations should address the conditions of title and allocation of <br />risks of existing conditions, including hazardous materials. Discovery of <br />hazardous materials may trigger a disclosure the County Board of <br />Supervisors within 72 hours pursuant to Cal. Health & Safety Code s. <br />25180.7. During negotiations it also may be necessary to agendize a <br />closed session pursuant to Government Code section 54956.8, for the <br />City Council to discuss terms and price of the proposed sale or lease. The <br />City Attorney should be consulted to properly agendize the closed <br />session. The notice for the closed session and the agenda shall identify <br />the subject real property and the person(s) with whom the City Manager <br />may negotiate. Formal City Council approval at a public meeting will still <br />be necessary at a subsequent stage of the process to finalize the disposal <br />of property. <br />8:7. Formal City Council Approval. <br />At a public meeting, the City Council should formally authorize the sale or <br />lease of the real property and approve the applicable purchase and sale <br />or lease documents. The City Council should also authorize the City <br />Manager to execute any necessary documents to effect the disposition. <br />ATTY/POLICIES/PROPERTY ACQUISITION AND DISPOSITION PROCEDURES FINAL <br />REV: 09-16-13 PT <br />Page 18 of 22 <br />48 <br />