HomeMy Public PortalAboutR2060 R E S O L U T I O N NO. 2060
WHEREAS, The Metropolitan St. Louis Sewer District (the
"District") is empowered by Plan Section 3.020(12) to enter into
contracts; and
WHEREAS, the public interest is served when the
District leases real property which is not presently necessary for
its operation; and
WHEREAS, heretofore the provisions of Resolution No.
1960, adopted December 12, 1990 governed the lease of real estate;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT THAT RESOLUTION NO.
1960 IS REPEALED AND THE FOLLOWING PROCEDURE IS HEREBY PRESCRIBED
FOR THE LEASE OF REAL PROPERTY OWNED BY THE DISTRICT:
1. The Executive Director shall take all measures
which in his judgment will result in a lease of real property not
subject to an existing lease and not presently necessary for the
operations of the District, which lease will be in the best
interests of the District. Such measures may include, but not be
limited to: 1) advertising the real property for lease by: a)
placing ads in one or more newspapers; b) posting notices on the
real property and at other locations where such notices are
reasonably likely to inform the public of the proposed lease;
and/or c) utilizing other print or electronic media resources for
such purposes; and 2) negotiating in good faith with bona fide
prospective lessees. In addition to the measures stated above,
the Executive Director shall obtain in every instance one or more
appraisals of the real property's fair market lease value from
qualified appraisers or other qualified persons familiar with real
estate values.
2. All real property shall be leased for any legal
and legitimate purpose which is compatible with the District's
contemplated future use of the property, upon such terms and
conditions as are prescribed by the Executive Director. Such
terms and conditions, including rental compensation, shall be in
the best interests of the District; provided, however, that if
authorized by separate ordinance, the Executive Director may lease
real property to governmental entities, charitable and/or not-for-
profit corporations and other similar entities for a nominal
amount.
3. In the event the District is unable to lease any
real property upon terms and conditions approved by the Executive
Director within a reasonable period of time, the District may
employ the services of a licensed and qualified real estate broker
to obtain a lease and may pay said broker the usual and customary
brokerage fee.
4. The Executive Director shall periodically
advertise for lease all real property not subject to an existing
lease and not presently necessary for the operation of the
District.
5. The Executive Director shall review all existing
leases of real property within a reasonable period of time prior
to the expiration of said lease. Such review shall include
examination of: 1) the physical condition of the real property,
3
including improvements, if any; 2) any substantial changes in the
real property or proximate areas; and 3) any other substantial
factors which may affect the fair market value of the real
property. Based upon said review, the Executive Director shall
either: 1) renew said lease upon the most favorable terms and
conditions available to the District; 2) terminate said lease and
implement those procedures enumerated in Paragraph 1 of this
Resolution for a new lease of the real property; or 3) continue on
a month-to-month basis with the existing lease, pending renewal or
termination.
6. All leases of real property by the District shall
be authorized by separate ordinance duly adopted by the Board of
Trustees.
7. Unless provided otherwise by separate ordinance
authorizing a lease of real property, all leases of real property
of the District shall provide for the following: 1) that the
District reserves the right to terminate said lease, upon proper
notification to the lessee, at any time that the real property
becomes necessary for the operation of the District; 2) that the
tenancy shall be month-to-month or for an initial term not to
exceed one (1) year; 3) that option terms, if any, shall not
exceed four (4) years; and 4) that the lessee shall provide
adequate liability insurance and/or indemnification as determined
by the Executive Director.
4
The foregoing Resolution was adopted July 8, 1992.