Title
Resolution to Authorize an Upset Bid Process for Surplus Property Located at 1502 Wellington Avenue
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City of Wilmington owns approximately 0.48 acres of real property located at 1502 Wellington Avenue (Parcel ID R06015-003-001-000), hereinafter referred to as “the Property”; and,
WHEREAS, City Council approved a resolution declaring the Property to be surplus on February 21, 2023; and,
WHEREAS, North Carolina General Statute §160A-269 permits the City to sell property by upset bid, after receipt of an offer to purchase property; and,
WHEREAS, the City has received an offer to purchase the Property in the amount of $525,000, submitted by Jon Spetrino; and,
WHEREAS, Jon Spetrino has paid the required five percent (5%) deposit on his offer.
THEREFORE, BE IT RESOLVED
THAT, City Council authorizes sale of the Property through the upset bid process of North Carolina General Statute §160A-269.
THAT, City Clerk shall cause a notice of the proposed sale to be published, which shall describe the Property and the amount of the offer, and which shall state the terms under which the offer may be upset.
THAT, persons wishing to upset the offer that has been received shall submit a sealed bid utilizing the form available online at www.wilmingtonnc.gov/bids, or in person at 929 N. Front Street to the office of the City Clerk, within 10 days after the notice of sale is published. At the conclusion of the 10-day period, the City Clerk shall open the bids, if any, and the highest such bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer.
THAT, if a qualifying higher bid is received, the City Clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day bid submittal period has passed without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be reported to City Council.
THAT, a qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the remainder of that offer.
THAT, a qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid, which deposit may be made by certified check or money order. The City will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received.
THAT, the terms of the final sale are described in detail on the aforementioned bid form, and City Council must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed.
THAT, the City reserves the right to withdraw the Property from sale at any time before the final high bid is accepted, and reserves the right to reject all bids at any time.
THAT, if no qualifying upset bid is received after the initial public notice period has ended, the offer set forth above is hereby accepted, and the City Manager and City Attorney are hereby authorized to execute the instruments necessary to convey the property to Jon Spetrino.