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Process to Lease, Purchase or Secure Rights to County Property
The process to lease, sell or convey right or interest in County-owned property is administered by Internal Services. This procedure explains the steps to follow if any non-County, public or private, individual or corporation requests to lease, purchase or otherwise secure rights or interest in County property, e.g. via deed conveyance, restrictive covenant, easement, or right of entry agreement. This procedure also applies when a department determines that it has excess property to lease or sell, or desires to convey title or grant rights or interest in any property under its jurisdiction.
- Non-County parties with an interest in leasing, purchasing, or otherwise securing rights or interest in County property should be directed to make a detailed request in writing to the County Mayor or his designee. If the request is for the lease or purchase of County property, and the interested party is a private for-profit entity, a deposit of $150.00 is required to initiate the process, pursuant to Resolution R-1161-79.
- Prior to any lease or sale of County real property, the Board of County Commissioners (BCC) must declare the property surplus to County needs. In order to ascertain such need or lack of need, Internal Services staff will circulate written notice to County departments describing the property, and requesting a departmental determination of present or future need. Additionally, Internal Services staff will review its own records and County long-range capital plans to assess the need for the property. As appropriate, other public agencies may also be given notice on the proposed disposal.
- In the event that a valid present or future use is identified, the initiating department is notified, and the disposal process is halted. Any interested non-County parties are advised, and any deposits made by private parties returned. Property custody is transferred to the new using department, and that department becomes responsible for all costs associated with holding the property. If more than one department identifies an interest, preference will be given to the department with the highest priority use and the most immediately available funding. Conflicts will be resolved between the affected departments, Internal Services and, if necessary, the Office of the Mayor.
- If no interest or need is identified, the Planning Advisory Board (PAB) is asked to make a recommendation to the BCC regarding the proposed disposition.
- Internal Services will incorporate the recommendation of the PAB into its report, and present the matter to the BCC for final action. If approved, the property will be declared surplus and staff will be authorized to secure appraisal services, advertise for competitive bidding and take necessary action to conclude the sale.
- Pursuant to the Florida Statutes, and with BCC approval, certain conveyances can be exempted from competitive bidding:
- If a property is worth $15,000 or less or is only of use to an adjacent property owner(s), it may be sold to an adjacent owner without advertisement or formal bid.
- The property may be sold or leased without competitive bidding at a negotiated amount, nominal or otherwise, to a governmental organization or a not-for-profit Florida corporation that is organized for the purposes of promoting community interest and welfare.
- Properties subject to competitive bidding are advertised for lease or sale, via sealed bid, for a minimum of two weeks. Additional marketing efforts are made through mailings, signage, internet postings, etc. Dade County does not employ or compensate real estate brokers in connection with real property sales.
- Internal Services will attend the bid opening, administered by the Clerk of the Court. All bids are publicly opened and the highest responsive bidder selected. Deposits of other bidders are returned. Internal Services staff will prepare the appropriate legal instrument in conjunction with the County Attorney's Office for the conveyance and/or lease, close the sale, and have the funds deposited to the appropriate County account. Additionally, Internal Services will ensure that the deed is recorded, and that a copy is furnished to the Tax Assessor. If the property sold had insurable improvements, Internal Services Risk Management will be advised of the sale.
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