Sec. 122.421. - General provisions; delegations of authority.

(a) Dispositions authorized. Except as may be expressly provided for elsewhere in this Code or by ordinance of the City Council, the disposition of any interest in City-owned real property including use rights in City-owned real property shall be made in the manner established by this Subpart B. (b) Preservation of parklands. It is a policy of the City that no parklands, park facilities or other recreational or park related land or space of the City shall be converted to another use or sold by the City, pursuant to Subpart B of this Chapter, unless the following conditions have been met: (1) The property is to be used as a civic or community center; or (2) If a sale becomes necessary for the greater public good by either local, State or federal needs, in which case the City shall replace that facility, land, or space with new park facilities, land or space of equal or greater size and value in the same general area or as close thereto as possible, to assure that adequate recreational and park facilities, land or spaces are available for use by the neighborhoods impacted by the sale. (c) Historic preservation. Any surplus property determined by the Jacksonville Historic Preservation Commission to have historical or architectural significance shall be sold or otherwise conveyed by the City only with protective covenants in form and content acceptable to the Commission and the Office of General Counsel, to ensure the property's preservation and proper rehabilitation. (d) Authority to execute documents. The Real Estate Division is authorized to dispose of interests in City-owned real property in the manner set out in this Subpart B, and to execute use agreements, leases, and purchase and sale or donation agreements, and to execute all appropriate closing documents. Unless expressly provided otherwise in this Subpart, the Mayor and the Corporation Secretary shall execute all deeds and easements. (e) Costs of closing. The grantee of an interest in City-owned property shall pay all costs of closing and the costs of any due diligence products or investigations the grantee may require. The Real Estate Division is not authorized to obligate the City to cure any deficiencies identified by grantee's inspections and investigations. (f) City Council approval. All dispositions by the Real Estate Division of property assessed at $100,000 or more shall be shall be approved by City Council. The Real Estate Division shall not bifurcate a disposition to avoid review by the City Council. (g) No warranties; release of right of reentry for subsurface interests. All conveyances of a fee interest in City-owned real property by the Real Estate Division shall be "as is, where is, and with all faults," and conveyed by quitclaim deed. The deed shall release any rights of entry the City may have to subsurface minerals. The Real Estate Division shall not opine on the quality of title to a prospective purchaser, but may encourage a prospective purchaser to make its own inquiries into the quality of title. (h) Delinquent liens. The Real Estate Division shall not convey property to a person who is delinquent on the payment of City liens or real estate taxes. (i) Proceeds from disposition. Unless otherwise specifically provided for, the net proceeds from the sale or use of City real property pursuant to this Part shall be deposited in the Environmental Protection Fund at Section 111.755 , for environmental remediation if the property was previously an ash site, or deposited in the Jacksonville Recreational and Environmental Land Acquisition Capital Projects Fund, as created in Section 111.130 for the purpose of maintaining or acquiring land for recreation, park and conservation uses. (j) Review by Office of General Counsel. All legal documents to dispose of City-owned property, including leases, easements and use agreements, and any closing documents associated with the transfer, shall be reviewed by the Office of General Counsel for form and legality. (Ord. 2018-871-E , § 2)