Ordinance 2974-07 - Laserfiche WebLink

ti r, ' Section 2. Leasing and licensing of real property—exempt agreements. The following types of agreements may be approved by the Mayor or his designee without prior Council approval and shall be exempt from the requirements of Section 1: A. An agreement with an independent contractor to provide limited concession services on City-owned real property on a seasonal or temporary time basis. B. Agreements to lease an interest in City-owned real property where the term does not exceed one year and the City can terminate the lease upon 30 or fewer days' notice. C. Agreements to license the use of City-owned real property where the term does not exceed one year and the City can terminate the license upon 30 or fewer days' notice. D. Renewals of leases pursuant to options to renew contained in the lease agreements where the rate is the same or higher and other terms are not substantially different from the existing lease. Section 3. Agreements to license distinguished from agreements to lease. The City may enter into agreements to license City-owned property when the City does not wish to grant a possessory interest in such property but does wish to authorize the licensee to carry out an act or series of acts on such property. Agreements to license shall not purport to grant a possessory interest in City-owned property, shall not be inheritable nor assignable, and shall be revocable at the will of the City. To the extent that they are not inconsistent with the foregoing limitations, the standards set forth in Sections 1, 2, 4, 5 and 6 of this Ordinance for leasing shall also apply to licensing of City-owned real property. Section 4. Leasing/licensing to be conducted in a commercially reasonable manner. Except for leases or licenses to non-profit organizations that serve poor or infirm persons or other governmental entities, the City must conduct the leasing of any City-owned real property in a commercially reasonable manner. The City's Facilities Director or Real Property Manager or the City department head most directly affected by the use of the real property in question shall make the initial determination that the proposed real estate transaction is commercially reasonable and ensure that the City receives adequate consideration in any lease or license agreement. Section 5. Responsibility for Administration. The Mayor or his designee is responsible for the administration of the lease or license of City-owned real property and shall coordinate the leasing of interests in City land or buildings. 2