§ 102-387. Disposition of county-owned real property.

(a)

Conditions for use. Guidelines for the identification and disposition of county-owned real property that is deemed no longer needed for county purposes.

(b)

Statement of policy. It is the policy of the board of commissioners that county-owned real property shall be identified for sale, transfer, or other disposition in accordance with Georgia law. Also, unless otherwise provided by law, the sale or disposition of all interests in county-owned real property shall be to the highest responsible bidder by competitive sealed bidding, pursuant to O.C.G.A. § 36-9-3, as amended. The abandonment, substitution, disposal or leasing of county-owned real property no longer needed for public road purposes shall be in accordance with the provisions of O.C.G.A. § 32-7-1 et seq.

(c)

Applicability. This policy will apply, upon adoption, to all Fulton County departments and agencies, contractors, and to the staffs of elected officials.

(d)

Process for sale of county-owned real property by competitive sealed bids.

(1)

General procedures. The land administrator shall, with the assistance of the purchasing agent, prepare all documentation for a sale by competitive sealed bid. A sale by sealed bid package shall be prepared in a manner as prescribed by the purchasing agent.

(2)

Invitation to bid. An invitation for sealed bids shall be issued and shall include a legal description of the real property and all terms and conditions applicable to the sale. The invitation to bid shall include the following mandatory terms:

a.

The property is being sold "as is" "where is" and "with all faults" to be transferred by a quit claim deed only;

b.

All closing costs shall be borne by the bidder at closing; and

c.

The county reserves the right to reject any and all bids.

(3)

The county shall schedule no less than one date for the public to inspect the property. Such inspection shall be conducted by the land division after legal advertisements have been run, but shall occur at least five days before the bide opening date and time.

(4)

Engagement of real estate brokerage. At the discretion of the land administrator, provision may be made for the engagement of one or more licensed real estate broker(s) to market and assist in the sale of the property. The land administrator may, in order to stimulate interest and encourage the protection of the interests of both buyer and seller, require any and all potential buyers to be represented by a licensed real estate broker or agent.

(5)

The procedures specified herein, shall not bar contact with the land administrator, and employees, contractors or agents of the land division with respect to disposition of county owned surplus real estate.

(6)

Public notice. An advertisement inviting bids shall be published at least once a week for two consecutive weeks in the official legal organ of the county or in at least one newspaper of general circulation in the county, not less than 15 nor more than 60 days prior to the last day for receipt of bids. Such advertisement shall give a legal description of the property, its dimensions, its location and any conditions of the sale or restrictions for use. The advertisement shall also contain an invitation for bids and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. Notice shall also include the posting of a sign on the property in a size appropriate to give a ready, willing and able buyer adequate notice and which shall contain general information of the sale. The purchasing department shall cause the notice of invitation to bid, including the official appraisal, to be published on their website for downloading by interested bidders. If the property to be disposed of is property previously used for public roads purposes pursuant to O.C.G.A. § 32-7-1 et seq., then the additional notice requirements of O.C.G.A. § 32-7-4 shall be complied with.

(7)

Bid opening, acceptance and evaluation. Bids shall be opened publicly by the purchasing agent. The name of each bidder, the amount of each bid and other such relevant information as the purchasing agent and/or land administrator deems appropriate shall be recorded. The record and each bid shall be open to public inspection for a period not less than 60 days from the date such bids are opened. Copies and/or a list of all responsible bids shall be provided to the land administrator by the purchasing agent for review and recommendation of an award. The land administrator shall determine the responsiveness of each bid, which shall be evaluated in relation to the fair market value set by the appraisal. The land administrator is empowered to deem responsive any bid that is at least 85 percent of the appraised value.

(8)

Withdrawal of bids. Except as provided in this subdivision, bids shall become irrevocable once received and opened by the county.

(9)

Award. The award shall be made by the land administrator to the highest responsible bidder in accordance with the provisions of the sale by sealed bid as approved by the board of commissioners under this policy. The highest responsible bidder will be informed of his/her acceptable bid by written notification of award provided that the price offered by such bidder is acceptable to the land administrator based upon the fair market value of the property. The notification of the award shall include a purchase contract to be executed by the selected bidder and returned in accordance with the provisions set forth in the invitation to bid. All bids may be rejected if they are deemed in the judgment of the land administrator with the concurrence of the county manager, to be nonresponsive to the invitation to bid.

(10)

Closing. The land administrator, using an approved contract attorney, shall be responsible for the preparation of the quit claim deed and closing statement, which shall be subject to review by the county attorney. The land administrator is responsible for all coordination and scheduling relating to the closing. Good funds shall be collected from the successful bidder in the form of cash, cashiers check or bank issued check. Upon closing of the transaction, the land administrator shall distribute all closing documents and cause the deed to be recorded and notify the finance department in writing and tender any net proceeds for deposit. Upon the close of the sale the land administrator shall make the adjustments to the real property inventory and assets listing of the county and circulate a notice of disposition to all appropriate departments. Upon recording of the deed by the county, the original deed shall be forwarded to the purchaser.

(11)

Net proceeds. Net proceeds from the closing shall be immediately delivered to the finance department for deposit into the appropriate fund account.

(12)

County's rights upon failure of successful bidder to close transaction. In accordance with the terms set forth in the invitation for sale bids under this subdivision, the county shall, as may be necessary, pursue its rights upon the failure of the successful bidder to close a transaction concerning the sale, conveyance or exchange of real property owned by the county. When the deed conveying the real property offered for sale by the county has been executed by the chairman of the board of commissioners and is ready for delivery, the successful bidder shall be notified by registered or certified mail of where delivery of the deed shall be accepted. If for any reason the successful bidder fails to render full payment of the consideration upon which the bid was based within 15 days after the mailing of the notice, such failure shall be construed as a refusal to pay the consideration due the county under the terms of the bid and as a refusal to accept the county's deed. If the successful bidder fails or refuses, for any reason, to close the transaction within the 15-day period, the county shall, at its option, have the right, at its option, to pursue any and all remedies available to it at law or in equity, including but not limited to the right to specific performance. If the county is successful in enforcing its right to specific performance, the county may demand that the successful bidder pay the county's reasonable attorney's fees incident thereto.

(13)

Successful bidder's rights upon failure of the county to close the transaction. Subject to the county's rights to reject any and all bids, the county shall tender a duly executed quitclaim deed conveying the land or interest in real property offered by it for sale within 120 days after the awarding the bid to the successful bidder. Failure by the county to render such deed within the 120-day period shall entitle the successful bidder to refuse to close the transaction by giving written notice of such action to the land administrator. Upon receipt of such written notice of refusal, the county shall cancel the transaction. Neither the county nor the successful bidder shall be liable to any party in any respect as a result of such refusal to close the transaction under this circumstance.

(e)

Process for sale of county-owned real property by auction.

(1)

Selection of auctioneer. A duly qualified auctioneer shall be selected by the land administrator pursuant to a duly issued request for proposal. The scope of services and terms and conditions of the auctioneer's contract, including the amount and formula by which fees for services are determined, shall be as set forth in the RFP solicitation. The auctioneer shall be paid a commission from the gross sales proceeds and/or may be paid a "reserve' to cover up-front marketing expense. The source of funds for marketing expenses shall be identified and approved by the BOC as part of the resolution to surplus and sell the property. The auctioneer shall be responsible for preparing an auction registration package containing all prerequisites to submitting a bid at auction.

(2)

Inspection of the property. The county shall schedule no less than one date for the public to inspect the property. Such inspection shall be conducted by the land division after legal advertisements have been run, but shall occur at least five days before the bid opening date and time.

(3)

Minimum bid. The fair market value, which shall be deemed to be no less than 85 percent of the value determined by appraisal conducted on behalf of Fulton County, shall constitute the minimum bid.

(4)

Public notice. An advertisement announcing an auction shall be published at least once a week for two consecutive weeks in the official legal organ of the county or in at least one newspaper of general circulation in the county, not less than 15 days nor more than 60 days prior to the date of the auction. Such advertisement shall direct the public to the auctioneer for an announcement of the auction which shall include a legal description of the property, its dimensions, its location and any conditions of the sale or restrictions for use, the address at which written materials connected with the proposed sale may be obtained, and the date, time and place of the auction. Notice shall also include the posting of a sign on the property in a size appropriate to give a ready, willing and able buyer adequate notice and which shall contain general information of the sale. The purchasing department shall cause the notice of invitation to bid, including the official appraisal, to be published on their website for downloading by interested bidders. If the property to be disposed of is property previously used for public roads purposes pursuant to O.C.G.A. § 32-7-1 et seq., then the additional notice requirements of O.C.G.A. § 32-7-4 shall be complied with. Additional notice of the auction, may be provided by posting such notice on the website of the department of purchasing and contract compliance, but such notices shall in no event be required.

(5)

Award. Provided that the winning bidder submitted a qualifying minimum bid, the land administrator shall notify the winner by written notification of award which shall include a purchase contract to be executed by the winning bidder and returned to the land administrator. The county shall tender a duly executed quitclaim deed conveying the land or interest in real property offered by it for sale within 120 days after tendering the notification of award.

(6)

Closing. The closing of the sale of the property by auction shall be in compliance with the closing provisions set forth in this section.

(7)

Net proceeds. Net proceeds from the closing shall be immediately delivered to the finance department for deposit into the appropriate fund account.

(8)

County's rights upon failure of successful bidder to close transaction. When the deed conveying the real property offered for sale by the county has been executed by the chairman of the BOC and is ready for delivery, the successful bidder shall be notified by registered or certified mail of where delivery of the deed shall be made. If for any reason, the successful bidder fails to render full payment of the consideration upon which the bid was based within 30 days after the mailing of the notice, such failure shall be construed as a refusal to pay the consideration due the county under the terms of the bid and as a refusal to accept the county's deed. If the successful bidder fails or refuses, for any reason, to close the transaction within the 30-day period, the county shall, at its option, have the right, at its option, to pursue any and all remedies available to it at law or in equity, including but not limited to the right to specific performance. If the county is successful in enforcing its right to specific performance, the county may demand that the successful bidder pay the county's reasonable attorney's fees incident thereto.

(Res. No. 13-0052, 1-23-13)