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HomeMy WebLinkAbout060418_ra01 Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Stacie Prada, Treasurer Il DATE: June 4, 2018 SUBJECT: Briefing to Review Bid Instructions and Terms for Sale of County Property as Surplus: House and House Only located on APN 991200407, commonly known as 161 Rodgers St., Quilcene, Washington ATTACH: Bid Instructions with Terms Sale Calendar Resolution 43-17: Determination to Declare Certain County Property as Surplus: Quilcene House STATEMENT OF ISSUE: The Board requested the Treasure provide them with the Bid Instructions and Terms of Sale for review prior to proceeding with public notice, open house and sale of the house at 161 Rodger St, Quilcene, WA through sealed bid. This briefing is +� accommodate said request. ANALYSIS: Jefferson County purchased land with a residence in Quilcene for the purpose of flood management and restoration efforts for the Big Quilcene River. Originally the plan included demolishing the house after property acquisition. There was an interest in selling the house to be moved off-site, and on October 16, 2017 after the close of a public hearing, the Board approved Resolution 43-17 to declare the house as surplus. The resolution set the minimum bid at $500. The Treasurer notified government agencies and the qualifying Housing Authority, and none were interested in acquiring the house. FISCAL IMPACT: Minimal revenue is expected. Proceeds from the sale (after publication and sale expenses) will be returned to the funds that purchased the property, namely the Big Quilcene Flood Fund and the Recreation and Conservation Office (RCO). RECOMMENDATION: Review the Bid Instructions with terms, provide input, and allow the Treasurer to proceed with sale of the House per Resolution 43-17. REVIEWED BY: 'aunty Admi' ' ator Date SEALED BID INSTRUCTIONS FORM FOR SALE OF SURPLUS HOUSE OWNED BY JEFFERSON COUNTY,WASHINGTON Consistent with RCW 36.34.080(1)(c), Jefferson County ("the County") proposes to sell the Property described below under all the terms and conditions listed below. Sealed bids, which must be clearly marked "SEALED BID — QUILCENE SURPLUS HOME" will be received up until 9:30 a.m. on July 9, 2018 at the Jefferson County Board of County Commissioners' (BoCC) chambers, 1820 Jefferson Street, Port Townsend, Washington. Sealed bids will opened and read as part of the BoCC's public meeting at 10:00 am on that date. DESCRIPTION OF PROPERTY FOR SALE: The property for sale is the House located on Parcel Number 991200407,commonly known as 161 Rodgers St., Quilcene, Washington with the following legal description: Lots 16, 17, 18, 19 and 20 in Block 4 of Quilcene, as per plat recorded in Volume 2 of Plats,page 33, records of Jefferson County, Washington; TOGETHER WITH that portion of vacated Fremont Avenue, as vacated under Resolution #57-00 of the County Commissioner of Jefferson County, that would attach by operation of law. Situate in the County of Jefferson, State of Washington. (Referred to in this Sealed Bid Instructions Form as"the Lot"). Only the House and not the Lot is for sale. BUYER INFORMATION: Name: DBA: Address: Phone: Email: CONDITIONS OF SALE: The County offers to sell the House only (and not the Lot), under all of the following terms and conditions that will be legally binding on any successful bidder: 1. Buyer agrees to all terms and conditions stated below. 1 2. Buyer agrees to be legally and financially responsible for complying with all the terms and conditions whether submitting the bid on Buyer's own behalf or as a representative of someone else. 3. THE SEALED BID MUST CONTAIN: a. A signed and dated version of this Sealed Bid Instructions Form, constituting an unconditional bid for the purchase of the House; b. A bid amount that equals or exceeds the minimum bid amount; and, c. The bid amount must be written in the blank provided on this Sealed Bid Instructions Form. 4. The minimum bid amount is: $500.00. 5. Buyer shall provide payment in the form of cash, cashier's check or money order to the Jefferson County Treasurer("Treasurer")within 60 minutes of the end of the sale. Payments in excess of the total purchase price will be refunded by the County via mail within 45 days. If payment is not made within 60 minutes of the end of the sale, the successful bidder will be considered in default, and the successful bidder may be banned from future sales. 6. A failure by Buyer to make timely the required payment, shall result in the acceptance of the next highest bid that meets all the terms and conditions contained in this Sealed Bid Instructions Form. Such failure results in the person making the next highest bid becoming the successful bidder who then must provide payment in the form of cash, cashier's check or money order to the Treasurer by 4:00 p.m. the next day after notice is given to the next highest bidder. 7. BUYER UNDERSTANDS THAT THIS IS A SALE OF SURPLUS PROPERTY. THIS IS NOT A TAX FORECLOSURE SALE. 8. A BID IS AN IRREVOCABLE OFFER TO PURCHASE THE HOUSE AND ONCE MADE AND ACCEPTED AS THE SUCCESSFUL BID, IS A BINDING CONTRACT. 9. Buyer agrees to examine the House, its location,the location to which Buyer plans to move the House and the route Buyer plans to use to move the House prior to signing and dating a version of this Sealed Bid Instructions Form and payment of the successful bid amount as required by Paragraph 5. 10. Buyer must perform research and due diligence prior to bid submittal. Though not required, it is recommended that the Buyer prepare a draft written plan for complying with all the terms and conditions of this Sealed Bid Instructions Form as required by Paragraphs 18 and 19 before completing this Sealed Bid Instructions Form. 11. Buyer must remove the House from the Lot on or before October 15, 2018. 2 12. Before removing the House, Buyer agrees to retain the services of a fully bonded and insured house-moving contractor to move the house. 13. Before removing the House,Buyer agrees to obtain all necessary permits and rights of way for moving the house from the Lot and placing it at another location before attempting to move the House. The Buyer understands and agrees that at the new location, the moved house will be required to meet the permit requirements for sewage and water, zoning requirements for setback or other applicable building requirements. 14. Before removing the House, Buyer agrees to coordinate the route for moving the house with utility companies,the Washington State Department of Transportation(WSDOT),the Jefferson County Sheriff(JSCO), all Fire Departments with authority in the areas through which the House is to be moved and the County's Public Works Department. 15. Before removing the House, Buyer agrees that during the move,Buyer will ensure that utility crews are on location to assist with removing and replacing power lines, as necessary. 16. Buyer represents and agrees that the House will not be moved to a location that is in a Special Flood Hazard Area (SFHA) or moderate flood hazard zone areas identified on a Federal Emergency Management Agency Flood Insurance Rate Map (FIRM). 17. Buyer agrees that during the move of the House, Buyer will ensure that the JSCO and certified flaggers will be on location to assist in the relocation of the House. 18. Buyer agrees to submit a written plan for complying with all the terms and conditions of this Sealed Bid Instructions Form to Jefferson County Environmental Health (c/o Tami Pokorny)within 30-days of acceptance by the County of a successful bid. 19. Buyer agrees to obtain approval of its written plan for complying with all the terms and conditions of this Sealed Bid Instructions Form within 45-days of acceptance of a successful bid. 20. Buyer agrees that the conditions stated in Paragraphs 11 to 19,above are conditions that must be performed after winning a successful bid and that failure to perform these conditions shall result in loss to the County and termination of the agreement. 21. Buyer agrees quantifying the loss to the County arising from Buyer's failure to satisfy the conditions listed in Paragraphs 11 to 20 is inherently difficult, as delay may impact the County's reputation or require the County to expend additional resources to re-bid the surplus property or to demolish the House. As a result, Buyer agrees that the County may retain as damages the lesser of the amount of$5,000 or the total amount Buyer paid pursuant to Paragraph 5. Buyer further agrees this sum is not a penalty, but rather a reasonable measure of damages, based upon the nature of the losses that may result from Buyer's failure to perform. The County will return to Buyer any amount not required to satisfy the County's loss, as quantified in this paragraph. 3 22. Buyer understands the County acquired the Lot for conservation; the County has never used the House, and the County's plan to acquire the Lot included a plan to demolish the House because of its proximity to a nearby river. 23. Neither County,the Treasurer nor any of the County's employees make: a. Any promises or statement of fact about the House, including but not limited to whether the House can be moved, whether right of ways can be obtained to move the House, or whether permits can be obtained to move the House and place it at a new location; b. Any guaranty or warranty,express or implied,related to the condition of the House; or, c. Any representation as to the environmental condition of the House. 24. The sale of the House should not, in any way, be equated to a real estate sale by licensed sales people,brokers or realtors. 25. THIS SALE IS NOT OF A FEE SIMPLE INTEREST IN THE LOT. REGARDLESS, BUYER EXPRESSLY WAIVES THE RECEIPT OF ANY SELLER DISCLOSURE STATEMENT. ANY SELLER DISCLOSURE STATEMENT IS PROVIDED AS A COURTESY TO THE BUYER AND IS NOT INTENDED TO BE PART OF ANY AGREEMENT BETWEEN THE COUNTY AND BUYER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THE HOUSE YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE HOUSE, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. INSPECTIONS PRIOR TO SALE MAY ONLY OCCUR WITH PERMISSION BY AND AT THE CONVENIENCE OF JEFFERSON COUNTY STAFF ON THE DAY AND HOURS OF THE OPEN HOUSE AND JUNE 28 OR 29,2018 BY APPOINTMENT. 26. THE HOUSE IS SOLD AS IS. BUYER ACCEPTS THE HOUSE IN ITS CURRENT CONDITION WHETHER THE HOUSE CONTAINS ANY POTENTIALLY HARMFUL MATERIALS, INCLUDING BUT NOT LIMITED TO ASBESTOS, HAZARDOUS SUBSTANCES,LEAD PAINT,OR MOLD. IF IT IS DETERMINED THAT THE HOUSE CONTAINS ANY HARMFUL MATERIALS, BUYER AGREES TO TAKE ALL STEPS NECESSARY, AND BEAR ALL COSTS NECESSARY, TO ADDRESS THOSE HARMFUL MATERIALS AS MAY BE REQUIRED BY FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS. 27. BUYER HEREBY RELEASES AND FOREVER DISCHARGES THE COUNTY, ITS AGENCIES, APPOINTED AND ELECTED OFFICIALS, DEPARTMENTS, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSIGNS, INSURERS, ATTORNEYS AND SUCCESSORS FROM ALL CLAIMS, DEMANDS, DAMAGES, COSTS, ATTORNEY'S FEES, EXPENSES, LIENS, ACTIONS, CLAIMS 4 FOR RELIEF, CAUSES OF ACTION, WHETHER AS A RESULT OF DAMAGE TO PROPERTY, BODILY INJURY OR DEATH GROWING OUT OF OR IN ANY WAY RELATED TO THE CONDITION OF THE HOUSE, THE REMOVAL OF THE HOUSE FROM THE LOT, THE MOVING OF THE HOUSE OR THE PLACEMENT OF THE HOUSE AT ANOTHER LOCATION, INCLUDING BUT NOT LIMITED TO ALL FUTURE DAMAGES, LAWSUITS, INJURIES, COSTS AND ATTORNEY'S FEES AND EXPENSES RESULTING FROM SUCH MATTERS. 28. THE TREASURER MAY WITHDRAW THE HOUSE FROM SALE AT ANYTIME. TERMS OF THE SALE ARE SUBJECT TO MODIFICATION PRIOR TO COMMENCEMENT OF THE SALE. BY SUBMITTING A BID, BUYER AGREES TO THE TERMS OF THE SALE AS POSTED AT THE TIME THIS BID IS SUBMITTED. 29. THE SALE IS FINAL. THERE WILL BE NO REFUND FOR ANY REASON. BID AMOUNT IN DOLLARS: I/We agree to the bid amount and all the terms and conditions in this Sealed Bid Instructions Form for the bid submitted. SIGNATURE(S) PRINTED NAME(S) DATE 5 5/25/2018 Gallagher House Surplus Sale Calendar Jefferson County Surplus Sale Sep-17 Su Mo TuhWe7 ThFr Sa su Mo Tu WeThFr Sa Su Mo Tu We Jul-18h Fr Se �, 18 � ��7 Mo T � - �tiY Mo Tu Th'+Fr tilt 1 2 1 2 3 4 5 6 7 1 2 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 3 4 5 6 7 8 9 8 9 10 11 12 13 14 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 7 8 9 10 11 12 13 10 11 12 13 14 15 16 15 16 17 18 19 20 21 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 14 15 16 17 18 19 20 17 18 19 20 21 22 23 22 23 24 25 26 27 28 17 18 19` °21 22 23 122 23 24 25 26 27 281 19 20 21 22 23 24 25 21 22 23 24 25 26 27 24 25 26 27 28 29 30 29 30 31 24 25 26 27'28 29 30 29 30 31 26 27 28 29 30 31 28 29 30 31 1. Department initiates surplus property sale discussion with Treasurer, ongoing Holiday discussion. Finalize plan. (Sept 11, 2017) Department Actions 2. Agenda Request with Resolution Notice of Intention to Sell and Notice of PH 1..,--Notices Published submitted by Treasurer to BOCC for consideration (September 12, 2017) BOCC Actions 3. Commissioners at regular meeting consider whether to surplus property(RCW Bids Due/Opening/Sale Date 36.34.010) (September 18, 2017) Purchaser Tasks Due 4. Commissioners sign Notice of Intention to Sell Resolution and set Hearing date to House Moved Due Date declare Surplus Property(RCW 36.34.020) (Sept 18, 2017) 5. Send both notices via Port Townsend Leader Legals (RCW 36.34.020) Publish October 4 and October 11. (Sept 29, 2017) 6. Post notices in Courthouse and Treasurer's Office(RCW 36.34.030) (October 4, 2017) 7. Hearing Date (at least 10 days after first publication) (RCW 36.34.040) (October 16, 2017—10:00 a.m.) 8. October 16, 2017 Resolution to Sell approved by BOCC or decision made not to sell. (Done, Resolution 43-17) 9. Within three days after the hearing a determination is made and it becomes a matter of record. (Nothing can be changed or added once the Commissioners declare items surplus.) (RCW 36.34.050) 10. "*New Step***AR for Board to review terms and allow Treasurer to proceed with sale. (May 29, 2018) 11. ***New Step*** Board considers terms, provides input and decides to allow Treasurer to proceed with sale(June 4, 2018) 12. Auditor sends notices to the Leader(Friday June 8, 2018) 13. Notice of Sale—Auditor must publish notice once a week for 2 successive weeks. Notice and date of first publication at least 10 days prior to sale date with list of items for sale with time and date. (RCW 36.34.090) (June 13 and 20, 2018) 14. Open House held for potential bidders to view property. (June 27, 2018) 15. Check to be sure they have all paperwork including deed, and ready for sale. (on or before July 2,2018) 16. BIDS DUE 9:30 AM, MONDAY, JULY 9,2018, Bid Opening at 10:00 AM with BOCC,Sale per terms 17. Winning Bidder to provide plan for removal within 30 days of sale per terms of Bid. (August 8, 2018) 18. County to review plan for removal within 15 days and approve or reject(August 23, 2018). If rejected, County may proceed to sell to next highest bidder. 19. Three(3) months allotted for purchaser to move structure off land. (October 15, 2018) G:\Treasurers\Surplus sales\2017 Surplus\2017_Gallagher House\2018_Gallagher House surplus sale calendar.doc (c: t6 10-1(� t-i-- 7 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A DETERMINATION } TO DECLARE CERTAIN COUNTY } PROPERTY AS SURPLUS: QUILCENE HOUSE } RESOLUTION NO. 43_1 7 WHEREAS,it is the desire of the County Commissioners of Jefferson County to dispose of surplus property; and • WHEREAS,the Health Department has indicated a need to dispose of the House located on Parcel Number 991200407, commonly known as 161 Rodgers St., Quilcene, Washington(the Lot). Surplus property for sale includes the House and the House only. The Lot is not offered as surplus property for sale. WHEREAS, RCW 36.34.020 requires that an intention to declare surplus be published with a Notice of Public Hearing regarding the disposal of any County property has been met and the public hearing held on October 16, 2017. NOW, THEREFORE, BE IT RESOLVED,by the Commissioners of Jefferson County that they make a finding and determination as required by RCW 36.34.050 to declare the House located on Parcel Number 991200407, commonly known as 161 Rodgers St., Quilcene, Washington as surplus and allow the Treasurer to proceed with the disposition of said surplus item. BE IT FURTHER RESOLVED, by the Commissioners of Jefferson County that the Treasurer may negotiate the sale with a governmental agency or Housing Authority with terms to be brought forward to the County Commissioners for future consideration. BE IT FURTHER RESOLVED, by the Commissioners of Jefferson County that absent an interest by a governmental agency or qualifying Housing Authority to purchase the House, that the Treasurer may proceed with disposition of said surplus items through public auction or sealed bid process with a minimum bid of$ SOC -°2-- APPROVED this 16th day of October 2017. JEFFERSON COUNTY I ,,4 BOARD OF COMMISSIONERS : *: : 19/4- .f•.1i " * Kathleen Kier, Chair ., .S 1k: - ,; . c ; ,..........,.AN.,.....__ • Kate Dein, ber ATTEST: CAP Cit liti n. � Carolyn allaway, David Sullivan, Member Deputy Clerk of the Board Gallagher Home, Located on Parcel Number 991200407, commonly known as 161 Rodgers St.,Quilcene,WA ... ., _ , . r• :rr-ir, . . . , trrii,. l'e,..... ...,,,,..• . . . . , . .. _ .r. ----- - - . ., ... ------------- r... _rr _ ...., .',:rilrrr'irrer'ril - rir •r_rr III0 1,•.....:,:i.,, - .... -- I 1.-f; • .. ... -.'.. ._.--.. ,.... _ , I ....7. ...i•- • •"= "''''' , AI . ....-...41hg". .--- , . . • *, ; . t , ' . • 4 „i25 • _. ..... ..• ...._ , .• . . _ •,,,.• ,',,, " -' Y4'.4-r,'Y '1.-.I." '• 1 ' rr'r r / . , . , ,,. \-. , • -...: . . ... ry;14.--,t,.•.), i ' ---- 11 i I , '-, 'ti,T• , 1 5 1 Ii , 1 11.1j1 ' .. . - .. ..,-,...........1....-,....7 .v.. . .---- , . , . . . ,.. . . ,. N',*," • • "„' 4 ..'""rli"f,,. •,, . 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