Purchase, Lease, Exchange and Sale of Real Property Policy

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Purpose

The Fort Vancouver Regional Library District (FVRL) Board of Trustees approves the purchase, lease, exchange, and sale of real property to meet current and future library service needs for the communities the libraries serve.

Definition: Real Property is any land or property that is fixed in location, which may include a building.

The Board authorizes the Executive Director, or designee, to enter into negotiations of transactions and conclude agreements for such facilities involving real property, subject to Board approval. Transactions involving real property are guided by site selection criteria developed by FVRL.

All real property agreements shall be handled in accordance with FVRL’s Library Facility Siting, Acquisition and Disposition Procedures for Real Property.

FVRL may acquire real property for future use in advance of readiness to fund construction.

Policy History:
Purchase, Lease, Exchange and Sale of Real Property Policy
Revised, renamed (formerly Siting, Acquisition, Ownership & Operation of Library District Facilities Policy) and approved by the Board of Trustees November 19, 2018

Siting, Acquisition, Ownership & Operation of Library District Facilities Policy
Two policies (Acquisition, Ownership & Operation of Library Facilities Policy and Siting Library Facilities Policy) combined, revised, renamed and approved by the board March 8, 2010.

Prior history as separate policies:

Acquisition, Ownership & Operation of Library Facilities policy:
Original policy approved August 11, 2003

Siting Library Facilities policy: Board Approved:
Original Policy May 2, 1994
Revised: July 28, 1999
Revised: August 13, 2001
Policy name revised for easier indexing, 2/10/03 (formerly titled Site Guidelines Policy)
Revised: April 21, 2008

Library Facility Siting, Acquisition and Disposition Procedures for Real Property

Siting:

Fort Vancouver Regional Library District (FVRL) has established the following guidelines to be considered in siting library facilities. It is understood, however, that not all of these conditions will be able to be met in all situations. Priority is dependent on local community needs and conditions. Site selection should always consider the current long range facility plan.

Legal considerations:

  • In accordance with Chapter 27 of the RCW, FVRL policy will prevail in all matters related to FVRL facilities.
  • There are no easements or other legal considerations that would unduly restrict use of the property or impose financial or other liability on FVRL.
  • Zoning requirements for library use can be achieved within a reasonable time period.

Site capacity and infrastructure for buildings should:

  • Be of a size to provide a sufficient “footprint” for parking, landscaping, and the desired building size and possible future expansion.
  • Allow placement of the building in such a way as to allow for safe and convenient entrance/exit for library users and deliveries.
  • Have accessible technology and utility infrastructures.

Accessibility:

All the sites should:

  • Be located where as many people as possible in the service area can easily reach it.
  • Be on a route where people to be served may easily combine use of the library with other activities.
  • Be easily and safely accessible by as many means of transportation as possible such as by bicycles, automobiles, public transportation or on foot.
  • Have the availability of adequate, well-lit off-street or other safe parking, and walkways.

Visibility and neighborhood suitability:

  • The library should be compatible in appearance with the neighborhood and its surroundings.
  • The site should be easily visible from the street.
  • The placement of the library on the site should have minimal adverse environmental impact.
  • Placement of a library on the site should fit within the historical context of the neighborhood.

Minimizing costs:

  • Necessary utilities should be readily available.
  • Land should be free of hazardous material or such material should be easily mitigated or stabilized.
  • The cost of the site and needed site improvements must be considered as to their effect on the overall cost of the project.
  • A funding plan adequate to complete the purchase must be in place.

Site capacity and infrastructure for service outlets other than buildings:

  • Distance to a full service library responsible for servicing the outlet is reasonable.
  • Technology infrastructure which provides reasonable access speed is already on site.
  • A safe and convenient entrance/exit for library users and deliveries is available.
  • The outlet is located in proximity to existing population and/or in an area frequented by people living in an area.
  • Location is sheltered from the weather and provides reasonable protection from vandalism.
  • Parking adequate to the location should be available.

Acquisition

Multiple acquisition options will be considered when acquiring or constructing new library facilities. Among those options are: purchase, commercial lease, lease-purchase, agreements with governmental jurisdictions including Library Capital Facility Areas and agreements with nonprofit organizations.

Purchase

When possible, the purchase of real property is the preferred method for FVRL to acquire new library locations. Land or existing buildings may be acquired based on the needs of the community and FVRL’s resources. FVRL will actively seek to procure property in a manner that maximizes the taxpayer’s investment.

Lease or Lease-Purchase

When the facility is owned by a governmental jurisdiction, FVRL may enter into an intergovernmental agreement. For lease from a governmental jurisdiction a term of twenty-five (25) years or more is expected.

When the facility is owned by a non-profit or commercial entity, FVRL may enter into an agreement for the purchase or lease of said facility. For commercially leased facilities, a ten-year lease with a ten-year option to renew is the preferred terms.

All agreements and contracts, other than purchase agreements, shall specify the responsibilities of the parties for maintenance, repair and operation of the facility. Purchase agreements may include common area maintenance responsibilities.

If the facility will at some time become the property of FVRL through a lease-purchase agreement, the agreement shall specify the terms of the transfer and the timeline.

Exchange or Donation

FVRL may accept land or buildings in exchange for other real property or as a donation to FVRL. The property must be in FVRL’s best interest to accept on behalf of its stakeholders and meet the above criteria for siting and accessibility.

Sale

Sale of real property will follow Washington State Statute for the disposition of assets and require a public hearing prior to the sale of the property.