Fort Walton Beach Council agenda — 11-22-05 ‎(regular)‎ — reading text

Prooertv When city property is leased for less than its fair market value, the lessee shal e as ssed all attorneys' fees and all other costs associated with the preparation and recordin the lease. 2. 00. 05 Citv Excess Real Prooertv The city manager may, from time to time recommend to the city council the disposal of city real property which is unneeded for immediate or foreseeable future development/use requirements of the city. The city manager shall submit his report and recommendation to the city council for its review and determination whether the parcel is unneeded for the immediate and future development/use requirements of the city and should be declared excess. No property shall be considered as unneeded for the immediate and future development/use requirements of the city if the city has any existing or projected development/use for the property. The term development/use as used herein excludes utilization for public utilities purposes which may be reserved to the city upon disposal of the property. 2. 00. 051 Disposition Procedures Upon city council determining the parcel to be excess real property, the city the to dispose of such excess real manager shall proceed with the procedures set forth below Volume 11- 18  o o property. The city manager shall secure one independent appraisal of the property by appraisers qualified to conduct appraisals for the State of Florida by general law. Any r.ity rp.;:!1 procerty declared to be surclus by the citv council mav be disposed of in a manner declared by the city council, including but not limited to sealed bid, auction and neQotiated sale. The city manager shall cause written notice of intent to dispose of property to be sent to abutting property owners, if any, and advertised twice in the legal advertisement section in a newspaper having general circulation within the city; advising the date by which proposals or offers must be received. Once a contract for sale has been negotiated to the satisfaction of the city manager and proposed purchaser, the city manager shall cause said contract to be submitted to the city council for its review and approval. 2. 00. 052 Contract for Sale; Council Review and Approval The city council shall review any proposed contract for sale and make a determination as to whether said contract is approved or disapproved. The city council shall approve by ordinance the conveyance of any land of the city. At any time before the city council approves any contract for sale, the city reserves the right to reject all offers, proposals or negotiated contracts for sale for excess real property. Once the city council approves a contract for sale of excess real property, the subject property may then be sold according to the terms of said contract. Award shall be made based upon consideration of best price and utilization of the property and development for uses benefiting the city and its citizens, in the exclusive discretion of the city council. 2. 00. 053 Authority of City Employees No action or statement by any city employee shall be construed to be official action on behalf of the city in confirming any contract for sale, as the contract may only be confirmed I'~ by the city council. Persons interested in purchasing property, which in order to facilitate the proposed development requires rezoning are advised that it is the city council that is empowered with the ultimate authority to rezone property. No employee of the city can guarantee the rezoning of the property in question. Persons interested in purchasing property, which in order to facilitate the proposed development requires a variance, are advised that it is the board of adjustment that is empowered with the authority to grant variances. No employee of the city can guarantee the success of an application for a variance. 2. 00. 054 Conditions Imposed The city council may require the proposed purchaser submit detailed site plans of proposed development in order to ensure that the property is developed in a manner that is consistent with the surrounding neighborhood, to which plans the purchaser shall be bound. The city council recognizes that each parcel of property is unique unto itself. In order to ensure each proposed purchase for development significantly contributes to the surrounding neighborhood and general needs of the city, the city council reserves the right to place restrictions and covenants in the deed of conveyance which will guarantee accommodation of the city' s public utilities provisions and the public' s interest in proper and timely development of the property consistent with city development standards. All restrictions and conditions imposed shall be covenants running with the land, violation of which shall result in reversion of title to the city. Annexation Process authorized to a pursuant to the provisions of this to establish an orderly and equitable process for Volume 11- 19  1 u IrfIT CITY L./ I.. JNE.. T @~ --~ U - f 'U 7~. 00"'. u I~ CI" I. - ' It~... - ~~ ~, Q. no.,.. ' c:. Dac>4-- i. 0004-00lO- .. Iorl;:: W I I ~ : ~ =~ -, k , g- aaI ....\ _..' ___-: uTt.~:~-:- _ ~~ ~~~' _,.' ,. Iii:::i =:: 1..",