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RES 2009-02 SURPLUS SALE REAL PROPERTY■7 RESOLUTION NO. 2099. 2 L 1 {A RESOLUTION, -establish' �ocec u -re regarding -the ..p F j surplus and sale process for real' property owned by the City of Binbride Island. WHEREAS, - it is..the policy. of: the City of, Bainbridge Island - that surplus real property- shall - be sold at Market Value;- and WRS, the City of Bainbridge- Island-. desires- to. estblis..procedures ,for the . disposal of surplus real property at Market Value in an orderly and cost effective manner; - now therefore, THE CITY COUNCIL . -OF THE:- CITY- OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS -FOLLOWS: .: ; City Property Inventor The Director. of Public Works shall establish and maintain an 'inventory and neap of City -owned property. References in this Resolution to "City -owned p, perty" .are meant to. include :any property owned by the City or any of its utilities or other special-purpose ands. The inventory will include the following information: a.. Property name; b. Street, address if available); Kitsap, Assessor's Office Property . Tax parcel Number; . Use of property; o, Listing of restrictions, covenants or other limiting attributes; f. Status, ofproperty (active or inactive); g. Any planned future use; h. City fund that, currently owns the property; Page 1 of 10 L L Estimated lard and imp16vement value; and Restrictions - on. pr pert r use .or sale (if applicable). 2. Establishment of Real Propefty Review Committee. A. rel property ieview committed ` (the "COMMittee") � i - hereby established -which- shall advise the City Council with respect to the disposal of real property owed ill- be! the art, The Committee a composed'composed'of the City Administrator, the Finance .-Director, the Public Works - Dir e or and the City Attorrier. 5 Arcual Review of CiLy deal I ro orty Holding. the Committee shall annually review all - o th City's current real property lirrgs with regard to the oll�r: a. If the current use is appropriate and necessary; b. If the property could be'used -for another City purpose within its driginal purchasing fund responsibility ± C. -I 'the property 'could be used ' four another 'City pose outside of the responsibility of original purchasing md; d. If the property appears to be surplus to the City's creeds; - . Whether there is evidence of potential interest by anyone in- purchasing the property; and f. 'whether there is arc ' interest - by the - Board of - the Me op . blitan Parks District in having the property transferred to that District. . Annual written rep .Follow,iri -its: re new, riot less than once per calendar year the Committee shall prepare a written rep rt containing i7ecommendations as to whether any City property should be declared surplus by the City Council. The report shall Pagel of 1 contain -the following information with regard to anyproperty that: the Committee is recommending to be declared lis - { 1 ' a. Description of the location and size of the property;. b. Description of the circumstancesunder which,the propefty was obtained, C. Description of the funds used to acquire the property; . Recommendation mmendation as to which' fand.- the.proQeeds from its -sale..should b credited,- redited•escription Descriptionof what munic'pal use the property has: been put to in the past, = ' i f an ; and what use, "f any, for which -it aright be held- f, .. The date. of any and each prior..: appraisal .of the pr pert r; and the . gal e , . determin d by each such appraisal; l; • Estimationf value (pre -appraisal) -.of tproperty; h. Whether an appraisal is recommended and. the type f appraisal L : Whether the property is only usable by abutting. owners; or is of general marl etabrlrt .. whether special consideration ought to be. given to, some other public agency that has a use for the.prpet 1. whether the property should be sold at auction, by sealed bid, by request for proposal (UP), or b : egotratlon', 1. Whether the propel should be: designated for consideration as Open Sp ce and. referred to the Open. Space Commission; and rrr.Recommendation As to - . whether any special covenants or restrictions; should be imposed in conjunction with sale of the property; and 'age 3. of 1 If owned by a City utility, kecom endation as - to, - whether . 'the .property . should be sold or transferred to the City's General- Fund prior. t. being - conveyed or sold to. a third party. The written - report shall be submitted to'. the - City Council no- later than April 3 0 of each calendar year. 5 S � � 1 s :-Prop rt y Declaration. laration. City property may be: declared surplus by the City Council after the following procedures have been completed: a. - The-..: City Council shall -hold a public hearing as - part of Its process to consider whether to declare any" real property surplus- to the reeds .of the City. In accordance with I CW- Chapter 39.33, notice,of said hearing shall be published in the City's official website or, if legally necessary,. in -the -City's newspaper of record) riot less than ten 1 days nor more than twenty-five (25), days prior to the bearing. In addition, a nears release pertaining to the public hearing -shall be posted on the city, website. b: Following: City Council's review of- the' Committee's repor , and conclusion of the public hearing, the City Council shall determine whether the pto% peaty shall be-. declared -surplus. if - -such - determination - is ma e; - City' Council shall pass a resolution declaring the property surplus - and shall also rake the following determinations: 0 1 Whether the property' should ' be transferred to the Bainbridge Island Metropolitan politan Parl I �stfict; (ii)Whether the property should be sold by sealed bid, at auction, by request for proposal (RFP), or through negotiated sale; in luding listing with a real estate- broker. Page 4 of 1 (iii) Whether special covenants or restrictions should be unposed as . F c ndrti of the sale; and (I*v) Whether ars appraisal i s necessary to proAde a markei value estimate. .: Sale Procedures for Surplus. P ro e , The'following procedures and :requirements = shall apply to property sold a surplus by the City: . Determination of "Market Value"/Minimum Acceptable 'rice. After property has been declared surplus and prior to its sale or transfer, the eify order one f the following three types of appraisals; a refer of the appraisal in'a'ccorda'nce with the committees' best estimate of the value s as shown on the attached' chart of -the � � r rt p p r Page 5 of 1 Estimated Recommende'd. Report -.Review Suggested Property Value Format -UL to 1 $.1 KOM Lim fted/Restricted:, No $1001001 to Limited/Summary No $500000 $5003001 to Complete/Summary Yes $3003,000 $3,000,001 and Complete/Self-Contained Yes above Any appraiser or reviewer hired by the City must be licensed by the State of Washington as a 46state certified general appraiser." Whether surplus property is to be disposed of by sealed bid, auction, AFP or negotiated sale, interested parties shall be advised that the minimum acceptable price shall be the value determined by'the sufficient and acceptable appraisal. The ndinimal acceptable price for the surplus property may not be more than 10% below the estimated market value. B. Marketing Time. (see attached page) An appraiser must estimate the "marketing time" when the market value of a property is provided. The committee should consider setting "marketing. time." The `e.marketing time" will be estimated by and appraiser based on the time it took to sell the comparables in the report. Generally, the shorter the "marketing time," the lower the market value estimate will be. For example, if a 20 -acre parcel of vacant land was surplused by the city, a higher price would likely be offered if the city allowed the developer to get preliminary plat approval before closing (24 months) than if a closing were required in 30 days after reaching an agreement on all terms of the sale. Page 6 of 10 t c.��i A Review. The sale and/or transfer o .a y surplus. real property. that is sub, ect - to - an authorized. public use .shall be' contingent upon completion of at SEPA re fe r .pro cess. and the expiration - of the -SEPA appeal period, d. - Processes for sale of property. . (i) - Disposition by -Sealed Bid.. Where a property. is. -sold by sealed, bids, any, and all bids submitted must -be accompanied by: a bid deposit-- i. ; bhp form of a cashier check payable to t e-.0ty of Bainbridge fsl nd i includes a relust for popols RF, ars RPP shall be publicized by electronic rears (arid, if, legally.- necessary, by advertisement in: print media), and a specification document (including any -applicable criteria for quantitative scoring or rating of any and all applicant proposals) shall -be made available to any Person or entity which. the City determines would be a° qualified applicant. Up -bn the seleetioty of the -applicant that receives the highest score or rating for- its proposal, and which demonstrates it ability to meet, any required conditions, -the process shall thea proceed as described- in paragraph(ii) above, as -though the -prevailing RFP , mere a prevailing bidder -at auction: (iv) Disposition by -Negotiated -Sale. - Where property is - sdld b negotiated'. sale, the: purchaser shall deposit ' °earnest money into - escrow -in ars amount equal to tern percent 10% -of -t ' purchase price within three -b sines days of execution of a purchase and --sale agreement for the purchase of the Subject Property. Parent of the ema, i ing balance of the purchase- price shall be made within thirty o days; unless otherwise seified , in the -purchase and sale agreement., In the evert the purchaser is unable to pay the remaining amount Within the 'required time; the earet money . deposit shall become non,-refable and may r be -retained by the City as - liquidated -damages V. Fisting With - a -real 'state broker. e. Notification of Sale of Surplus Prop rt r. In the event the subject pr' pert is to be disposed of by sealed bid, by RPP or by auction, the following notification procedur6s shall be followed: Page 8 of 10 k (i) A notice of the =City's intent. tdispose.: of the: subject -property -shall. be conspicuously posted on the property no less than tWo 2 - weeks :prior . to.. .the . date set to commence accepting .bids or the date set for the auction. (ii) . A similar notice. shall be posted on the bulletin board at City Mall. (iii) Notice shall be published in the City's o 'fief w b to r, i legally necessary, in the City's newspaper of record) each week for two. 2 consecutive weeps preceding acceptance of sealed bids or the public auction. All notices shall include a description of the property, : the .procedure .y which, ;the subject property 'I's to be disposed of, any earnest money deposits which must be made (in accordance with Sections 6(c) {i} and (ii)) and the minimum price that will be accepted. f, All requests to purchase City property shall be directed to the Finance Director with a copy to the City Attorney. . Form of Conveyance. All conveyances shall be made by quitclaim deed. h. Cloying Costs. All closing costs, Shall be borne 0% by the purchaser and . 0% by the seller including, but not limited to, title insurance, recordation costs, and escrow fees., Any brokerage costs will be borne by the seller. 7. Intergovemmental Transfers. Intergovernmental transfers of real property shall be made in accordance with RCW Chapter 39.33, RCw Section 4 .o .2l o and/or any other applicable statutes. Page 9 of 10. PASSED by the: City Co it this 1:0. day of March, 2009. 1 APPROVED by the Mayor thi's 11' -day of March, .2009. Darlene Kordonowy, Mayor ATTEST/AUTHENTICATE: 4 A -A t! I Rosalind D. Lassoff, CK4C, City Clerk FILED -WITH THE CITY CLERK: March 2, 2009 PASSED BY THE CITY COUNCIL. March 111 2009 RESOLUTION NO. 2009-02 Page'10 of 10 - -