Administrative Regulation 11.16-1

ADMINISTRATIVE REGULATION:   AR: 11.16-1 DATE APPROVED: June 27, 2022
SUBJECT: Policy and Procedures Establishing Lease Management Actions for Leased Properties. ORIGINATING DEPARTMENT: Public Works

POLICY:


This policy is intended to provide processing, tracking, billing and monitoring actions for leased properties where the County is either the Lessor (Landlord) or the Lessee (Tenant).

I.    PROCESSING ACTION:

The processing action for each lease agreement, renewal of a lease agreement and/or amendments to a lease agreement includes negotiation, drafting, reviewing, and execution.

  1. Negotiation: The Department/Office/Division requesting a lease agreement, a renewal of a lease agreement and/or amendments to a lease agreement (agreements) will have the responsibility of negotiating to determine deliverables, terms, principals, and principal responsibilities of the agreement. Deliverables will be established with clear responsibilities of parties assigned and milestone dates to be achieved.
  2. Drafting:  Upon completion of negotiations, the requesting Department/Office/Division will provide Land Section with the negotiated terms to incorporation into a lease agreement.  
      This agreement is contingent upon approval by the Citrus County, Florida Board of County Commissioners (BOCC).
    Renewals shall be updated as necessary, to comply with current Florida Statutes, legal opinions and real estate contract language.
  3. Review:  Land Section will forward the draft lease agreement to the requesting Department/Office/Division for review. Upon completion of their review, Land Section will submit a Legal Services Request to the County Attorney’s Office.
  4. Execution: Once the County Attorney has approved the agreement, Land Section will forward the document to the requesting Department/Office/Division for the tenant’s signature/notarization.  
  5. BOCC Execution: The requesting Department/Office/Division will send the original, executed document to Land Section to prepare the Agenda Memo for presentation and approval at the next available, regular meeting of the BOCC.
    • The BOCC will review the agreements(s) and upon approval by majority vote authorize the Chairperson to execute the agreement(s) on behalf of the County.
    • Upon approval by the BOCC, the agreement(s) will be forwarded to the County Attorney’s Office for execution by the Chairperson.
    • The County Attorney’s Office will then forward it onto the Clerk of Courts for distribution.  The Clerk will retain one (1) original for their records and prepare one (1) certified copy for the Land Section.
    • Land Section will forward to the requesting Department/Office/Division who will then forward a copy to the Tenant.
    • The requesting Department/Office/Division is now referred to as the Managing Department and is responsible for any necessary enforcement and/or corrective actions per the terms of the agreement.
II.         LEASES TO NOT FOR PROFIT ENTITIES
Non-profit entities provide a great service to the community as they strive to improve the quality of life for the others. The following policy is designed to establish a uniform approach for the Board of County Commissioner’s (Board) evaluation and consideration of requests from non-profit entities to lease County owned property.

Per Section 125.38, Florida Statutes, a non-profit entity that is organized for the purposes of promoting community interest and welfare, may apply to the Board to lease County owned property. If the Board is satisfied that the use of the property is required for public or community interest and welfare and the property is not needed for County purposes, the Board may lease the property at a price determined by the Board, whether nominal or otherwise, regardless of the actual value of the property.

The fact of such application being made, the purpose for which such property is to be used, the rent to be paid and the term of the lease shall be set out in a resolution duly adopted by the Board. No advertisement will be required.

Procedure for Leases to Not-for-Profit Entities:
  1. The Applicant Non-Profit Organization shall Complete an “Application for Lease of County Owned Property to a Non-Profit Entity” form.
  2. The following documents are to be submitted with the application:
    1. W-9 Request for Taxpayer Identification Number and Certification form
    2. IRS Form 941 or proof of 1099 distribution payroll
    3. 990 Return of Organization Exempt From Income Tax form
    4. A copy of 501(c) Tax Exempt Status or IRS tax exemption certificate.
  3. The Applicant shall remit the application and required documents to the County Administrator or the Administrator’s designee.
  4. No lease to a non-profit shall be for less than the actual out-of-pocket costs to the County. (i.e., insurance, maintenance, upkeep, and utilities, if applicable)

  5. If the County Administrator or designee determines that the application is complete and the proposed use is appropriate, the Land Section will draft a proposed lease and resolution for the Board’s consideration and will place the matter on a Board agenda.


III.       TRACKING AND MONITORING ACTION:



The Land Section will be responsible for tracking and monitoring deliverables, milestone dates and special conditions of all agreements and notify the managing department.  Land Section will prepare a monthly outstanding balance report and send it to the Managing Department with copy to Directors for review.

Contact Land Section Office at 352-527-5460 for the “Application for Lease of County Owned Property to a Non-Profit Entity”

FOOTNOTES & REFERENCES TO RELATED AR’s: Supersedes AR 11.16 dated July 22, 2014.