Chapter 28 — ALTERNATIVE PROCEDURES FOR LEASING OF COUNTY PROPERTY

It is the intent of the Board of Supervisors in adopting this Chapter to provide an alternative procedure for the leasing of any real property belonging to the County of Nevada, which property is found (at the time of the lease and through the term thereof) to have a fair market rental value which shall be ten thousand dollars ($10,000.00) per month or less, all as is allowed pursuant to Cal. Gov't Code § 25537.

(Ord. 2522. (04/18/2023))

Any real property belonging to the County of Nevada which is found to have a fair market rental value in excess of ten thousand dollars ($10,000.00) per month (at any time during the term of the proposed lease) shall be let to the highest responsible bidder and in accordance with all of the procedures specified in Cal. Gov't Code §§ 25520—25539.10.

(Ord. 2522. (04/18/2023))

A.

The Board of Supervisors may lease any real property belonging to the County of Nevada to any person, corporation or entity as it deems prudent without complying with the procedures specified where the following conditions are met:

The term of the lease is for not more than ten (10) years; and

The Board finds that the fair market rental value of the property (at the time of the execution of the lease and through the term thereof) will not exceed ten thousand dollars ($10,000.00) per month.

B.

Notice of the lease shall be published one (1) time in a newspaper of general circulation and shall be posted in the office of the Clerk of the Board of Supervisors. The notice shall describe the property proposed to be leased, the terms of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed, and any county officer authorized to execute the lease. Any lease entered into pursuant to this Section shall not be renewable. The lease shall specify that the lessee shall not be allowed to hold over at the end of the lease term. Any subsequent lease for the same property or any part thereof which lease is executed within one (1) year from the date of the expiration of the lease executed pursuant to this Section shall be let in accordance with the procedures specified in Section 2.28.020.

C.

The County of Nevada Information and General Services Agency Director and the Purchasing Agent, or their designee, are hereby delegated the authority to execute all leases authorized under this Chapter, provided that such officers shall report any such action to the Board of Supervisors within thirty (30) days following the execution of any lease by them.

(Ord. 2522. (04/18/2023))

All leases of any real property belonging to the County of Nevada shall specify, in accordance with Cal. Rev. & Tax. Code § 107.6 that the lessee will be subject to taxation for the possessory interest in the property.

(Ord. 2522. (04/18/2023))