Agenda - 03-09-1992 - Laserfiche WebLink

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z Article 12 authorizes and sets out three competitive methods of sale, each of which is appropriate in any circumstance: (1) Sealed Bid Procedure (advertisements for sealed bids are published/ bids are opened in public and recorded/ award is made to highest bidder) (2) Public Negotiated Offer and Upset Bid Procedure ( offer to purchase is made/ notice of offer is published/ upset bids are entertained/ bid awarded to final offeror or decision to not sell is made) (3) Public Auction (notice regarding intent to sell is published/ highest bid is reported / board either accepts or rejects bid) Article 12 also permits 2rivately negotiated exchanges of property in any circumstance (so long as equal value changes hands), and ra.vatel ne otiated sales or other disposition of property in a number of limited circumstances (personal property must be valued less than $10,000/ real property may be conveyed to other governments or to certain non- profit corporations and associations by private negotiation and without monetary consideration.) SALE OPTION'S VIABILITY: The Perry Hills residents are not in a position to purchase the property at fair market value, according to a spokesperson for the group. LEASE OPTION: A county may lease any property that the Board of Commissioners finds will not be needed during the term of the lease. The Board may make leases or rentals for a period of one year or less by resolution at any meeting, or it may lease county property for periods longer than one year and up to ten years by a resolution adopted at a regular meeting, after ten day's published notice of its intention to do so. A lease for longer than ten years must be treated as a sale of property and may be executed by the procedures authorized for selling real property. LEASE OPTION'S VIABILITY: In granting a lease for recreational use of the property, the county must consider its ability to transfer, through the leasing arrangement, its liability if an accident should occur on this property. The county should consider if the Homeowners Association would have proper and sufficient liability coverage should an accident occur. Perry Hills residents themselves will not be the only users of the area and an adequate mechanism for an injured party to recover should be in place throughout the life of a lease. Concern also exists regarding the Association's ability to properly maintain the area in a safe condition, in order to minimize their exposure to accidents. The county should also consider its responsibility to adequately administer the contract /lease if provisions are stipulated that the.Association "will maintain the land in a safe condition." Staff will have to be assigned to administer the lease and inspect the property to ensure if the conditions in the lease are being met. As a final.consideration in granting a lease, the county should enter into the arrangement with an established entity, not an individual; currently, no Homeowners Association exists. RECONKMATION(S): Receive the report as information.