CHARLOTTE-MECKLENBURG SCHOOLS



Similar documents
NC General Statutes - Chapter 160A Article 12 1

Appendix F THE LAKE BLUFF PARK DISTRICT POLICY FOR THE ACQUISITION, INVENTORY, SALE, LEASE, AND RETENTION OF PUBLIC PROPERTY

Chapter 3.30 DISPOSITION OF CITY-OWNED SURPLUS REAL PROPERTY

MINNESOTA COMMERCIAL LEASE AGREEMENT. This lease is made between, herein called Lessor, and

CHAPTER Committee Substitute for Senate Bill No. 3000

CHAPTER 13. MARSHALL MUNICIPAL UTILITIES COMMISSION

INVESTMENT ADVISORY AGREEMENT

Section 12.1 RIGHT OF WAY CERTIFICATION

ORGANIZATIONAL CHART FOR A TYPICAL LARGE REAL ESTATE COMPANY

Chapter 10. Acquisition of Real Property

ADMINISTRATIVE CODE BOARD OF COUNTY COMMISSIONERS ADOPTED: 05/23/90

Arizona Rentals & Concierge Services, LLC. Property Management Agreement

REQUEST FOR QUALIFICATIONS FOR OUTSIDE LEGAL SERVICES FOR THE CITY OF SCOTTSDALE

IV. Orders, Quotations, Bids and Request for Proposal (RFP) Requirements

ADMINISTRATIVE PROCEDURE

SELLER FINANCING: ANY PROBLEMS UNDER THE SAFE ACT OR MICHIGAN LAW. In an effort to crack down on mortgage fraud, Congress passed the

Term Sheet for Lease in Cambridge, Massachusetts

ADMINISTRATIVE DIRECTIVE NUMBER

Fixed Asset Policy and Procedures

EXHIBIT E. Large Holder Sale Program Procedures and Restrictions

MAXIM INTEGRATED PRODUCTS, INC EMPLOYEE STOCK PURCHASE PLAN

RESOLUTIONS OF THE BUSINESS COMMITTEE OF THE BOARD OF DIRECTORS OF ROCKETSHIP EDUCATION

NEW EQUITYMOBILICITY COMMUNICATIONS INC. - SHARE TERMS

RULE 21 FORECLOSURE, QUIET TITLE AND PARTITION ACTIONS (Amended after passage of 2008 H.B. 138, eff )

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 SESSION LAW HOUSE BILL 392

Chapter 25 Utah Residential Rehabilitation Act

Defence Housing Australia

DESCRIPTION OF THE PLAN

CITIZENS, INC. Insider Trading Policy

EQUITY SHARING AGREEMENT

LIBERTY REALTY L.L.C. BROKER-SALESPERSON INDEPENDENT CONTRACTOR AGREEMENT

PROPERTY MANAGEMENT. The services we can offer include the following:

ALASKA PERMANENT FUND CORPORATION

GREATER SYRACUSE PROPERTY DEVELOPMENT CORPORATION DISPOSITION OF REAL AND PERSONAL PROPERTY POLICY

MANAGEMENT AGREEMENT

real estate and urban development

Spin-Off of Time Warner Cable Inc. Tax Information Statement As of March 19, 2009

LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR

(Draft No. 2.1 H.577) Page 1 of 20 5/3/ MCR 7:40 PM. The Committee on Finance to which was referred House Bill No. 577

Section 700 Fixed Assets

Portland Public Schools Capital Construction Bond. Citizen Accountability Committee. Charter. Background:

TRIBAL CODE CHAPTER 13 PROCUREMENT AND PROPERTY MANAGEMENT Financial Reporting and Recordkeeping.

Nebraska Public Schools: Statutes Related to the Construction of Improvements to Real Property

State of New Hampshire. General Auto Sales, Inc. Docket No.: ED REPORT OF THE BOARD

MODULAR HOME PURCHASE & CONSTRUCTION AGREEMENT

TOWN OF RAYMOND, MAINE CABLE TELEVISION ORDINANCE Adopted 11/06/2000

STANDARD LAND PURCHASE AND SALE AGREEMENT [#505] (With Contingencies)

REQUEST FOR PROPOSALS

Solar Panel Lease and Power Purchase Agreement

CHARLES WAYNE PROPERTIES, INC.

SKAGIT COUNTY DEBT POLICY. Page 1 of 12

Property Management Agreement

Probationary Teachers. (b) Contract nonrenewal at the end of the first, second, or third year

THE BEACON MUTUAL INSURANCE COMPANY CHARTER

Office of Business and Finance

BROKER SALESPERSON INDEPENDENT CONTRACTOR AGREEMENT. THIS AGREEMENT is entered into this day of, 20, between ( Broker ) and ( Salesperson ).

Native American Homeownership Initiative 2013 Program Guidelines As Amended June 19, 2013

SECTION EIGHT BONDING REQUIREMENTS

ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [ NMAC - N, 1/1/08]

Vorpahl Wing Securities, Inc. Assets Management Agreement

AGREEMENT OF PURCHASE AND SALE

RETAINER AGREEMENT please complete and sign the form below and send to: Christo & Co 148 Kentish Town Road London NW1 9QB

PROVO CITY UTILITIES NET METERING LICENSE AGREEMENT

AMBULANCE. The Ambulance Act. being

LADENBURG THALMANN FINANCIAL SERVICES INC. QUALIFIED EMPLOYEE STOCK PURCHASE PLAN ARTICLE I BACKGROUND

LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR ARTICLE I. Company Formation

Article Estates and Trusts MARYLAND STATUTORY FORM PERSONAL FINANCIAL POWER OF ATTORNEY IMPORTANT INFORMATION AND WARNING

BUYING AGENCY AGREEMENT

STATE OF NEVADA Department of Administration Division of Human Resource Management CLASS SPECIFICATION

15 LC A BILL TO BE ENTITLED AN ACT

COMPOSITE OF AMENDED RESTATED CERTIFICATE OF INCORPORATION AMERICAN ELECTRIC POWER COMPANY, INC. Under Section 807 of the Business Corporation Law

Ministry Of Finance VAT Department. VAT Guidance for Land and Property Version 4: November 1, 2015

STATE OF COLORADO. PROCUREMENT CODE and RULES. (unofficial version)

EMPLOYEE STOCK PURCHASE PLAN

06 LC S/AP A BILL TO BE ENTITLED AN ACT

RESOLUTION NO (09) CITY COUNCIL OF THE CITY OF LOMPOC

MANAGER MANAGED LLC OPERATING AGREEMENT

FIXED ASSET ACCOUNTING POLICY

1.001 University Board of Trustees Powers and Duties

ASSETS: TRACKING, INVENTORY, AND DISPOSAL OF ASSETS, AND ACQUISITION OF REAL PROPERTY

NC General Statutes - Chapter 47E 1

Disposal of Surplus Property. A Roadmap to Establishing Effective Surplus Property Procedures

Incomplete or insufficient notices shall be deemed to be filed when an amended or corrected notice is received at the above address.

FHA Section 542(c) Risk-Sharing Program for Multifamily Housing Program Rules

Outline of Ancillary Expenses and additional information for the purchase or sale of real property

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE BILL 1080 RATIFIED BILL AN ACT TO ESTABLISH THE ACHIEVEMENT SCHOOL DISTRICT.

Judicial Council of California Administrative Office of the Courts

PROPERTY MANAGEMENT AGREEMENT. Vacation Rental. between. Captain Cook & Associates (agent)

Money Grants From Private and Public Sources

Washington Scene. Safe Harbor Rules issued for Medicare/Medicaid antikickback law


Florida Foreclosure Attorneys, PLLC 4855 Technology Way, Suite 630 Boca Raton, FL Phone: Fax: Chicago Title Insurance Company

UNIT OWNER NOTICE TO BOARD OF INTENTION TO LEASE CONDOMINIUM UNIT

Exclusive Right To Sell Listing Agreement

What is a Joint Tenancy? What is a Tenancy in Common? How is a Joint Tenancy Created, and What Property Can Be So Held?

2.2 It is important for the Purchaser to be sure of the identity of the Purchaser and to convey this to the Estate Agent.

M E M O R A N D U M EUGENE WATER & ELECTRIC BOARD

COMMUNITY FOUNDATION OF ANNE ARUNDEL COUNTY GIFT AND FUND ACCEPTANCE POLICY

REIT; DIVIDENDS PAID DEDUCTION; REINVESTMENT PLAN

Selling the farm and the capital gain exemption

Transcription:

The Board of Education will seek to maximize the benefits while minimizing the costs associated with ownership of real estate assets while meeting the objectives of the school system. The Board will balance the benefits of the disposition of real estate with other Board policies and goals. In order to ensure that the school system has the flexibility to respond to the numerous factors impacting its ability to educate students including, but not limited to, enrollment changes, population shifts, programmatic decisions, emergencies and the availability of capital funding, the process outlined below shall be used to make final decisions regarding the use, disposition or rental of real property not currently being used for school purposes. SECTION ONE Disposal of Surplus Real Estate (Sale or Lease) I. Step 1: Board to Designate Surplus Property A. On a periodic basis, no less than once per year, the administration will present to the Board an inventory of its surplus real estate assets that are not being used or planned to be used for school purposes and may be either sold or made available for lease. In addition to presenting an inventory of real property that may be sold or made available for lease, the administration should make a recommendation for the process to be followed in selling or leasing of any such real estate assets. and a recommendation regarding the use of those assets. B. The Board will then: 1. make a decision regarding whether to declare any of the inventory surplus; and 2. if declared surplus, determine whether to (a) sell or (b) declare available for lease any such surplus property upon terms negotiated as provided herein. The target date for this annual decision by the Board of Education is February or March of each calendar year. Date of Adoption: 6/25/96 Page 1 of 5 Revised: 10/26/04;

II. Step 2: Approval of Offers to Purchase and Lease Agreements The Board of Education will give final approval to all sales and leases of real property in accordance with applicable state law. In making final recommendations to the Board, the administration shall adhere to the following guidelines: A. Sale of Real Property In connection with the potential sale of real property, the administration shall consider the following: 1. Factors Staff should typically recommend the sale of land when the land is (i) unlikely to be needed for school purposes in the future or obviously has value far in excess of any replacement land and (ii) is not likely to be developed in a manner that would have a negative impact on any existing school. 2. Process While state statute permits several methods for disposing of real property, staff should typically recommend using the Negotiated Offer and Upset Bid Process (G.S. 160A-269) after an open public process, which, although not required by statute, should involve a public request for proposal process pursuant to which public notice is given that CMS plans to (i) review proposals and consider negotiating with one or more interested buyers and then (ii) proceed with the formal and legally required negotiated offer and upset bid process. B. Lease of Buildings When negotiating a potential lease for buildings deemed available for lease by the Board of Education, the administration shall adhere to the following guidelines: 1. Term of Lease Generally, properties shall be made available on a year-to-year basis up to a maximum of three years. Date of Adoption: 6/25/96 Page 2 of 5 Revised: 10/26/04;

a. Leases should typically be aligned to terminate at the end of the school year (e.g. on or about June 15), terminable by CMS upon 6-12 months written notice for convenience. b. However, if (i) the property is not expected to be used by the Board (or funded for use) for the next 3 years and (ii) the Tenant commits to performing capital upfit work on the building of value greater than $250,000, then either (i) the initial term of the lease (with no right for CMS to terminate for convenience) may be extended from one year up to three years; and/or (ii) the lease may provide that in the event of termination of the lease by CMS that CMS will reimburse the Tenant a pro rata share of the capital funding expended by Tenant based on the termination date if the Superintendent determines that the improvements will be of value to CMS and the costs thereof can be determined with reasonable certainty. 2. Other Lease Provisions All buildings are leased in an AS IS condition with the tenant being solely responsible for its own due diligence. Tenant shall be solely responsible for operating costs, including but not limited to utilities and all maintenance and repair of the property. Tenants may be given a right to terminate a lease for convenience. Lease agreements shall be substantially in a form which have been reviewed and approved by CMS Facilities Planning and Project Management, CMS Legal Department, and the Department of Insurance and Risk Management. 3. Process a. Existing Leases of Buildings It is acknowledged that there are existing leases pre-dating these guidelines. For any properties that the Board of Education determines are available for lease, all current tenants may be given the opportunity to renegotiate their current leases in a manner consistent with these guidelines. b. New Leases of Buildings Date of Adoption: 6/25/96 Page 3 of 5 Revised: 10/26/04;

i. After the Board of Education declares a property surplus and available for lease, the Superintendent will utilize the Lease or rental of property process (G.S. 160A-272) after an open public process, which, although not required by statute, should involve a public request for proposal process pursuant to which public notice is given that CMS plans to review proposals and consider negotiating with one or more interested tenants. ii. In the event that pursuant to G.S. 115C-218.35 (or any subsequent statute) a charter school requests to lease property deemed available for lease by the Board, the Board will consult its legal counsel regarding the statutory requirements specific to leases with charter schools. A request by a charter school to lease a specific property will in no way prevent the Board from deciding to sell the property and/or consider lease proposals from other entities. Any lease with a charter school shall specifically state that disputes regarding the terms and conditions of the agreed upon lease shall not be subject to challenge pursuant to G.S. 115C-218.35 (or any subsequent statute) once the parties have executed the lease. c. Appeal of Administrative Decisions regarding Lease Terms for Buildings In the event that any individual and/or entity is unable to reach terms with the Superintendent pursuant to this policy regarding a negotiated lease of property deemed available for lease by the Board of Education, such final administrative decision is appealable to the Board of Education pursuant to G.S. 115C-45(c) and Board Policy BEB ( Special Board Meetings ). C. Other Leases (such as leases for cell tower sites) Leases of land or portions thereof (e.g. for tower sites) may be considered on a case-by-case basis in accordance with applicable statutes. Date of Adoption: 6/25/96 Page 4 of 5 Revised: 10/26/04;

D. Board Authority Final decisions regarding the availability of any real property and the process to be followed to dispose of any such available property shall be made by the Board. Final approval of any sale or lease shall be made by the Board. If the Board determines to sell or lease surplus real property the Board will: 1. Comply with any applicable state law concerning procedures for disposing of real property. 2. Ensure that proceeds from the disposal of real estate be used in accordance with applicable state law. SECTION TWO Easements Additionally, Nnotwithstanding the foregoing, the Board may approve the conveyance of easements to other government entities and utility companies for road right-of-way, sidewalks, or utilities with or without compensation in accordance with applicable state law. The Board may delegate this authority to grant easements to the Superintendent or designee. Date of Adoption: 6/25/96 Page 5 of 5 Revised: 10/26/04;