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3549 To adopt the Town of Tillsonburg Sale of Real Property PolicyTOE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3549 A BY-LAW to adopt the Town of Tillsonburg Sale of Real Property Policy. WHEREAS Section 270(1) of the Municipal Act 2001 states that a local board shall adopt and maintain policies with respect to its sale and disposition of land WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting an a Sale of Real Property Policy THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg Sale of Real Property Policy attached hereto as "Appendix A" is hereby adopted and forms part of this by-law. 2. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 24th day of October 2011. Read a Third and Final Time and passed this 24th day of October, 2011. Maypr - J (5lerk - Donna Wilson Appendix "A" Sale of Real Property Policy The following policy shall govern the process for sale of Real Property within the municipal boundary of the Town of Tillsonburg. Definitions "Appraisal" means an opinion of fair market value of the surplus lands provided by a land appraiser or such other qualified person as determined by the Chief Administrative Officer. "Disposal" shall mean the sale of real property. "Real Property" refers to land owned by the Town of Tillsonburg, whether vacant or not. Surplus Lands That prior to the disposal of any "real property" and where there is no exemption under the regulations, Council shall obtain at least one opinion of value of the fair market value of the real property. The opinion of value can be from the following: 1. A real estate professional familiar with the local area and as licensed by the Real Estate Council of Ontario. 2. An independent qualified appraiser who is a registered member in good standing of the Appraisal Institute of Canada, holding the designation of AACI or CRA. 3. A member who is a registered member in good standing of the International Right- of-Way Association, holding the designation of SR/WA. Public Notice That notice of the sale to the public of the proposed sale shall be provided by one of the following or combination thereof: 1. Posting a notice on the real property for at least 20 days; 2. A publication of the notice in a newspaper having a general circulation in the area where the property is located once a week for a period of two consecutive weeks; and 3. Notice provided on the municipality's website. The Chief Administrative Officer and/or Council may deem from time-to-time measures of notice outside of the procedures identified above. Alternate Sale Method Council may choose an alternate method of sale or procedures for the following: 1. A determination of the sale price based on the appraisal of the land value and any costs associated with the history or proposed method of sale. 2. The method of public notice. 3. Where, when and who will receive the offers or bids. 4. Terms and conditions of the sale; and 5. Council may reserve the right to adjust the sale price where, in the opinion of Council, it is in the best interest of the Town to do so. Closed Session All tenders, requests for proposals or offers may be presented to Council in Closed Session for deliberation, in accordance with the Municipal Act, unless Council direction has been given to staff to negotiate the sale within certain terms or an alternate method of sale is approved by Council. Exempt Property The following are exempt from this process. 1. The Sale of Lands for Tax Arrears which are subject to the procedures set out in the Municipal Act; and 2. The sale of lands under the Expropriation Act. 3. Municipal Industrial Land Sales. Disposal of Real Property That unsolicited offers to purchase the property may be processed on a first come first serve basis after the real property is declared surplus. Council may by resolution direct that real property be sold by tender, request for proposal or direct sale via methods such as with a registered real estate agent or brokerage. When a property is to be sold by tender or request for proposal the procedures existing at the Town shall be in effect that govern advertising and submission requirements. That disposal of the real property shall be effected by a resolution passed by Council at a regular meeting of Council open to the public after the requirements for public notice have been satisfied. 21 Paec Upon acceptance of offers either through open or closed market, tender or request for proposal a deposit shall be presented: a) Shall be accompanied by a deposit in cash or cheque in an amount of 5% of the offered amount or $5,000.00, whichever is greater, payable to the Town of Tillsonburg. b) Where the offer or tender to purchase is less than $5,000.00 the deposit shall be the full amount of the offer to purchase. Before selling any surplus lands, the Town may circulate documentation identifying the real property to other levels of government or agencies that may be required by law or regulation. Costs That the purchaser shall be responsible for all costs incurred or required to dispose of the property including legal, survey, appraisal, removal of encumbrances, relief of easements, environmental testing and remediation, demolition, planning and administration or those required as part of due diligence research or conditions of sale. General The real property disposed shall be sold as an "as is - whereas" basis. As well the Town may from time-to-time undertake activities to increase the value of the real property prior to sale. In the event that the provisions of this Policy are inconsistent with the provisions of the Municipal Act, its Regulations or any other Act, the provisions of the Act or Regulation shall prevail. This policy shall be reviewed as deemed appropriate by Council or Chief Administrative Officer as required under the Municipal Act.