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(a) Public matched bid auction.

In the case of disposition to a sponsor by the matched bid method,

(1) Prior to the publication of the notice of the public matched bid auction, submit to the commissioner, in addition to the disposition documents, the following:

(i) Two copies of the agency's rules and procedures for selection and designation of a qualified and eligible sponsor. Such rules are to include, among other things, a requirement for the submission of “Redeveloper's Statement for Public Disclosure” and “Statement of Qualification and Financial Responsibility”.

(ii) Redeveloper's Statement for Public Disclosure, local approval of the statement and, if federally assisted, HUD clearance of the statement.

(iii) Proposed notice of availability for public examination of Redeveloper's Statement for Public Disclosure, which shall include the time and place at which the statement is available for public examination.

(iv) Proposed notice of availability for public examination of the disposition agreement, which shall include the time and place at which the proposed agreement is available for public examination.

(v) Proposed notice of disposition at public auction by matched bid method, which notice shall include:

(a) name of public body to hold the auction;

(b) date, time and place of such auction;

(c) purpose of the auction;

(d) the proposed land use, description of the property and description of the improvements to be constructed thereon;

(e) identification of sponsor and a statement that the agency has duly designated such sponsor and found him (it) qualified and eligible pursuant to the agency's prescribed rules and procedures, and that the sponsor has agreed to pay the minimum price or rental fixed by the agency for such real property;

(f) the terms and conditions of land disposition, that is, minimum price or rental, method and time of conveyance and payment, date of closing, date of commencement and completion of construction and such other terms as may constitute part of the consideration for the transaction;

(g) name of project and general description of its location;

(h) that the proposed sponsor (or former owner if the municipality by resolution so authorizes as is permitted by section 507 [subd. 2, par. (c)] of the Law and section 556 [subd. 2] of the Act) may match any higher bid than the minimum fixed price but that such matching bid shall be made (only at the time and place) (within 48 hours) of the holding of the public auction or the opening of the sealed bids.

(1) The notice of public auction by match bid method shall state that the matching bid must be made at the time and place of the holding of the auction or the opening of sealed bids or within a maximum period of 48 hours after the close of the auction or the opening of the sealed bids. The choice of when the matching bid is to be made is a local determination, but whatever the choice the notice should provide accordingly. If the local choice is to permit the match bid to be made within 48 hours then the bidding documents shall provide that the bidder making the highest bid may not withdraw his bid for a period of 72 hours within which time the highest bidder is to be notified whether or not such bid has been matched.

(vi) The resolution of the agency designating the sponsor in accordance with rules and procedures, mentioned in subparagraph (i) of this paragraph and authorizing publication of items mentioned in subparagraphs (ii) through (v) of this paragraph.

(vii) The notice of disposition, of property to be disposed of by matched bid method, shall not be published unless the disposition agreement to pay the minimum price or rental fixed by the agency has been executed by the designated sponsor (or if the municipality by resolution so authorizes, by a former owner) for the property within the urban renewal area.

(viii) Evidence of HUD approval of the following, if federally assisted:

(a) disposition and method of disposition for each respective parcel;

(b) price of land to be disposed of, by parcel;

(c) disposition documents;

(d) subparagraph (iv) of this paragraph;

(e) subparagraph (v) of this paragraph.

(ix) Opinion of agency counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(2) Unless subparagraph (v) of paragraph (1) above is approved by the commissioner, not publish said item.

(3) After the matched bid public auction, submit to the commissioner the following:

(i) Memorandum of public auction.

(ii) Affidavits of publication of

(a) notice of availability for public examination of Redeveloper's Statement for Public Disclosure;

(b) notice of availability for examination of disposition agreements;

(c) notice of disposition at public auction by matched bid method.

Note:

All may be combined into one notice.

(iii) In the case of disposition

(a) By a municipality, a resolution of local governing body approving disposition agreement, land price or rental and authorizing disposition to the designated sponsor approved as qualified and eligible, and the execution of the disposition documents by a specified municipal official.

(b) By a Municipal Urban Renewal Agency,

(1)

(i) A resolution of the Municipal Urban Renewal Agency designating the sponsor as qualified and eligible and approving the land price or rental and the proposed disposition agreement.

(ii) A resolution authorizing disposition to the designated sponsor, and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official, provided the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(iii) All of the foregoing items may be incorporated in a single resolution, in which case such resolution must contain a provision which authorizes the disposition to the designated sponsor and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official only after the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(2) Resolution of governing body approving the sponsor designated as qualified and eligible, land price or rental, disposition agreement and disposition to said sponsor, and authorizing the execution of the disposition documents.

(iv) Opinion of agency counsel stating that the disposition documents have been properly executed and delivered, are valid and binding in all respects in accordance with the terms, and are legally enforceable.

(v) Copies of the executed documents showing date and place where recorded.

(4) No disposition of real property shall be effectuated prior to the approval by the commissioner of the documents required to be submitted in accordance with paragraph (3) above.

(b) Negotiated sale.

In the case of disposition to a sponsor (other than a limited profit housing company organized pursuant to article II of the Private Housing Finance Law or a limited dividend housing company organized pursuant to article IV of the Private Housing Finance Law or a redevelopment company organized pursuant to article V of said Law) without public auction, sealed bids, or matched bids,

(1) Prior to the publication of the notice of the public hearing, submit to the commissioner, in addition to the disposition documents, the following:

(i) Two copies of the agency's rules and procedures for selection and designation of a qualified and eligible sponsor. Such rules are to include, among other things, a requirement for the submission of “Redeveloper's Statement for Public Disclosure” and “Statement of Qualification and Financial Responsibility”.

(ii) Redeveloper's Statement for Public Disclosure, local approval of the statement and, if federally assisted, HUD clearance of the statement.

(iii) Proposed notice of availability for public examination of Redeveloper's Statement for Public Disclosure, which shall include the time and place at which the statement is available for public examination.

(iv) Proposed notice of availability for public examination of the disposition agreement, which shall include the time and place at which the proposed agreement is available for public examination.

(v) Proposed notice of public hearing, which notice shall include:

(a) name of public body to hold the hearing;

(b) date, time and place of such hearing;

(c) purpose of the hearing;

(d) the proposed land use, description of the property and description of the improvements to be constructed thereon;

(e) identification of sponsor and a statement that the agency has duly designated such sponsor and found him (it) qualified and eligible pursuant to the agency's prescribed rules and procedures;

(f) the essential terms and conditions of land disposition, i.e., price or rental to be paid, method and time of conveyance and payment, date of closing, date of commencement and completion of construction and such other terms as may constitute part of the consideration and are deemed essential to the transaction;

(g) name of project and general description of its location.

(vi) The resolution of the agency designating the sponsor in accordance with subparagraph (i) of this paragraph and authorizing publication of subparagraphs (ii) through (v) of this paragraph.

(vii) Evidence of HUD approval of the following, if federally assisted:

(a) disposition and method of disposition for each respective parcel;

(b) price of land to be disposed of, by parcel;

(c) disposition documents;

(d) subparagraph (iv) of this paragraph;

(e) subparagraph (v) of this paragraph.

(viii) Opinion of agency counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(2) Unless item subparagraph (v) of paragraph (1) above is approved by the commissioner, not publish said item.

(3) After the public hearing, submit to the commissioner the following:

(i) Certified copy of minutes of the public hearing.

(ii) Affidavits of publication of:

(a) notice of availability for public examination of Redeveloper's Statement for Public Disclosure;

(b) notice of availability for examination of disposition agreement;

(c) notice of public hearing.

All may be combined into one notice.

(iii) In the case of disposition

(a) By a municipality, a resolution of local governing body approving disposition agreement, land price or rental and authorizing disposition to the designated sponsor and the execution of the disposition documents by a specified municipal official.

(b) By a Municipal Urban Renewal Agency,

(1)

(i) A resolution of the Municipal Urban Renewal Agency designating the sponsor as qualified and eligible and approving the land price or rental and the proposed disposition agreement.

(ii) A resolution authorizing disposition to the designated sponsor, and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official, provided that the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(iii) All of the foregoing items may be incorporated in a single resolution, in which case such resolution must contain a provision which authorizes the sale to the designated sponsor and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official only after the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(2) Resolution of governing body approving the sponsor designated as qualified and eligible, land price or rental, disposition agreement and disposition to said sponsor, and authorizing the execution of the disposition documents.

(iv) Opinion of agency counsel stating that the disposition documents have been properly executed and delivered, are valid and binding in all respects in accordance with the terms, and are legally enforceable.

(v) Copies of the executed documents showing date and place where recorded.

(c) Negotiated sale to limited dividend housing or redevelopment company.

In the case of disposal to a limited dividend housing company organized pursuant to article IV of the Private Housing Finance Law or a redevelopment company organized pursuant to article V of the Private Housing Finance Law,

(1) Prior to the publication of the notice of the public hearing, submit to the commissioner, in addition to the disposition documents, the following:

(i) Rules for selection of sponsor required.

(ii) Redeveloper's Statement for Public Disclosure, local approval of the statement and, if federally assisted, HUD clearance of the statement.

(iii) Proposed notice of availability for public examination of Redeveloper's Statement for Public Disclosure, which shall include the time and place at which the statement is available for public examination.

(iv) Proposed notice of availability for public examination of the disposition agreement, which shall include the time and place at which the proposed agreement is available for public examination.

(v) Proposed notice of public hearing, which notice shall include:

(a) name of public body to hold the hearing;

(b) date, time and place of such hearing;

(c) purpose of the hearing;

(d) the proposed land use, description of the property and description of the improvements to be constructed thereon;

(e) identification of sponsor and a statement that the agency has duly designated such sponsor and found him (it) qualified and eligible;

(f) the essential terms and conditions of land disposition, i.e., price or rental to be paid, method and time of conveyance and payment, date of closing, date of commencement and completion of construction and such other terms as may constitute part of the consideration and are deemed essential to the transaction;

(g) name of project and general description of its location.

(vi) The resolution of the agency authorizing publication of subparagraph (ii) through (v) of this paragraph.

(vii) Evidence of HUD approval of the following, if federally assisted:

(a) disposition and method of disposition for each respective parcel;

(b) price of land to be disposed of, by parcel;

(c) disposition documents;

(d) subparagraph (iii) of this paragraph;

(e) subparagraph (v) of this paragraph.

(viii) Opinion of agency counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(2) Unless subparagraph (v) of paragraph (1) above is approved by the commissioner, not publish said item.

(3) After the public hearing, submit to the commissioner the following:

(i) Certified copy of minutes of the public hearing.

(ii) Affidavits of publication of

(a) notice of availability for public examination of Redeveloper's Statement for Public Disclosure;

(b) notice of availability for examination of disposition agreements;

(c) notice of public hearing.

All may be combined into one notice.

(iii) In the case of disposition

(a) By a municipality, a resolution of local governing body approving disposition agreement, land price or rental and authorizing disposition to the designated sponsor and the execution of the disposition documents by a specified municipal official.

(b) By a Municipal Urban Renewal Agency,

(1)

(i) A resolution of the Municipal Urban Renewal Agency designating the sponsor as qualified and eligible and approving the land price or rental and the proposed disposition agreement.

(ii) A resolution authorizing disposition to the designated sponsor, and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official, provided that the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(iii) All of the foregoing items may be incorporated in a single resolution, in which case such resolution must contain a provision which authorizes the sale to the designated sponsor and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official only after the governing body has approved the designated sponsor as qualified and eligible and has approved the disposition after a public hearing.

(2) Resolution of governing body approving the sponsor designated as qualified and eligible, land price or rental, disposition agreement and disposition to said sponsor, and authorizing the execution of the disposition documents.

(iv) Opinion of agency counsel stating that the disposition documents have been properly executed and delivered, are valid and binding in all respects in accordance with the terms and are legally enforceable.

(v) Copies of the executed documents showing date and place where recorded.

(d) Negotiated sale to limited profit housing company.

In the case of disposal to a limited profit housing company organized under article II of the Private Housing Finance Law,

(1) Prior to the execution of the disposition agreement, submit to the commissioner, in addition to the disposition documents, the following:

(i) Redeveloper's Statement for Public Disclosure, local approval of the statement and, if federally assisted, HUD clearance of the statement.

(ii) Evidence of HUD approval of the following, if federally assisted:

(a) disposition and method of disposition for each respective parcel;

(b) price of land to be disposed of, by parcel;

(c) disposition documents.

(iii) Opinion of agency counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(iv) Affidavits of publication of

(a) Notice of availability for public examination of Redeveloper's Statement for Public Disclosure.

(v) Resolution of local governing body approving disposition agreement, land price and authorizing sale to the designated sponsor approved as qualified and eligible, and the execution of the disposition documents by a specified municipal official.

(2) After the execution of the disposition documents,

(i) Opinion of agency counsel stating that the disposition documents have been properly executed and delivered, are valid and binding in all respects in accordance with the terms, and are legally enforceable.

(ii) Copies of the executed documents showing date and place where recorded.

(e) Sale by public auction or sealed bid.

In the case of disposal to any person, firm or corporation at public auction or by sealed bids,

(1) Prior to the publication of the notice of disposition by public auction or sealed bids, submit to the commissioner, in addition to the disposition documents, the following:

(i) Where and/or as applicable, two copies of the agency's rules and procedures for selection and designation of a qualified and eligible sponsor. Such rules are to include, among other things, a requirement for the submission of “Redeveloper's Statement for Public Disclosure” and “Statement of Qualification and Financial Responsibility”.

(ii) Redeveloper's Statement for Public Disclosure, local approval of the statement and, if federally assisted, HUD clearance of the statement.

(iii) Proposed notice of availability for public examination of Redeveloper's Statement for Public Disclosure, which shall include the time and place at which the statement is available for public examination.

(iv) Where and/or as applicable, proposed notice of availability for public examination of the disposition agreement, which shall include the time and place at which the proposed agreement is available for public examination.

(v) Proposed notice of disposition which shall include:

(a) name of public body to hold the auction;

(b) date, time and place of such auction;

(c) purpose of the auction;

(d) the proposed land use, description of the property and description of the improvements to be constructed thereon;

(e) the terms and conditions of land disposition, that is, minimum price or rental, method and time of conveyance and payment, date of closing, date of commencement and completion of construction and such other terms as may constitute part of the consideration for transaction;

(f) name of project and general description of its location, as well as a statement as to the prequalification of bidders, where applicable.

(vi) The resolution of the agency authorizing the publication of subparagraph (ii) and (iv) (where applicable) and subparagraph (v) of this paragraph.

(vii) Evidence of HUD approval of the following, if federally assisted:

(a) disposition and method of disposition for each respective parcel;

(b) price of land to be disposed of, by parcel;

(c) disposition documents;

(d) (where applicable) proposed notice of availability for public examination of the disposition agreement, which shall include the time and place at which the proposed agreement is available for public examination;

(e) subparagraph (iv) of this paragraph.

(viii) Opinion of agency counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(2) After the public auction or the opening of sealed bids, as the case may be, submit to the commissioner the following:

(i) Memorandum of disposition at public auction or by sealed bids.

(ii) Affidavits of publication of

(a) notice of availability for public examination of Redeveloper's Statement for Public Disclosure;

(b) notice of availability for examination of disposition agreement (where applicable);

(c) notice of disposition at public auction or by sealed bid method, as case may be.

(iii) In the case of disposition

(a) By a municipality, a resolution of local governing body approving disposition agreement, land price and authorizing disposition to the successful bidder approved as qualified and eligible, and the execution of the disposition documents by a specified municipal official.

(b) By a Municipal Urban Renewal Agency,

(1)

(i) A resolution of the Municipal Urban Renewal Agency designating the sponsor as qualified and eligible and approving the land price and the proposed disposition agreement.

(ii) A resolution authorizing disposition to the successful bidder, and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official, provided that the governing body has approved the successful bidder as qualified and eligible and has approved the disposition.

(iii) All of the foregoing items may be incorporated in a single resolution, in which case such resolution must contain a provision which authorizes the disposition to the successful bidder and the execution of the disposition documents by a specified Municipal Urban Renewal Agency official only after the governing body has approved the successful bidder as qualified and eligible and has approved the disposition.

(2) Resolution of the governing body approving the sponsor designated as qualified and eligible, land price, disposition agreement and disposition to said sponsor, and authorizing the execution of the disposition documents.

(iv) Opinion of agency counsel stating that the disposition documents have been properly executed and delivered, are valid and binding in all respects in accordance with the terms, and are legally enforceable.

(v) Copies of the executed documents showing date and place where recorded.

(f) Conveyance to another public entity.

(1) Conveyance by a municipality.

A municipality may dispose of property by sale, exchange or lease to any municipal corporation, municipal housing authority, Municipal Urban Renewal Agency, school district, fire district, the State of New York or the United States of America, and any agency or department thereof for a valuable consideration and upon such terms and conditions as shall be approved by the governing body without public auction or sealed bids or public notice.

(i) Prior to the execution of the disposition documents, submit to the commissioner in addition to the disposition documents, the following:

(a) Evidence of HUD approval of the following, if federally assisted:

(1) Disposition and method of disposition for each respective parcel.

(2) Price or rental of land to be disposed, by parcel.

(3) Disposition documents.

(b) Resolution of the governing body approving disposition agreement (where there is no disposition agreement, a resolution approving the deed), land price or rental and conveyance, and authorizing execution of the disposition documents by a specified municipal official.

(c) Opinion of counsel approving the disposition documents stating that the proposed disposal procedure and proposed disposition documents conform to State and local law.

(ii) After execution of the disposition documents,

(a) Opinion of municipal counsel that the disposition documents have been duly executed and delivered, are valid and binding in all respects in accordance with the terms, and are legally enforceable.

(b) Copies of the executed documents showing dates and places where recorded.

(2) Conveyance by a Municipal Urban Renewal Agency.

A Municipal Urban Renewal Agency may dispose of property by sale, exchange or lease to any municipal corporation, municipal housing authority, school district, fire district, the State of New York, or the United States of America, and any agency or department thereof for a valuable consideration and upon such terms and conditions as shall be approved by the governing body without public auction or sealed bids or public notice.

(i) Prior to the execution of the disposition documents, submit to the commissioner, in addition to the disposition documents, the following:

(a) Evidence of HUD approval of the following, if federally assisted:

(1) Disposition and method of disposition for each respective parcel.

(2) Price or rental of land to be disposed, by parcel.

(3) Disposition documents.

(b) Resolution of the Municipal Urban Renewal Agency approving disposition agreement (where there is no disposition agreement, a resolution approving the deed), land sale and price and authorizing execution of the disposition documents by a specified official, provided the transaction is approved by the governing body.

(c) Resolution of governing body approving disposition agreement, land price and authorizing conveyance.

(d) Opinion of counsel to the Municipal Urban Renewal Agency approving the disposition documents and stating that the proposed disposal procedure and proposed disposition documents conform to the requirements of State and local law.

(ii) After the execution of the disposition documents,

(a) Opinion of the Municipal Urban Renewal Agency counsel that the disposition documents have been duly executed and delivered, are valid and binding in all respects in accordance with the terms, and legally enforceable.

(b) Copies of the executed documents showing dates and places where recorded.

(3) Land or interest in land may be conveyed or leased hereunder to a public entity without first entering into a disposition agreement. A conveyance or lease of land to a private developer or a non-profit institution, however, shall be made only in accordance with an approved form of land disposal agreement.

(g) Alternate procedure.

In lieu of submitting the documents required by subdivisions (b), (c), (d) and (f) of this section, the Municipal Urban Renewal Agency or municipality, as the case may be, may elect to follow the State Compliance Certification Procedure outlined below.

(1) Prior to disposition and after complying with the required procedures and having executed or obtained the documents set forth in the compliance certificate, submit to the commissioner, for approval, two copies of the following documents, the form of which shall be prescribed by the commissioner:

(i) executed compliance certificate;

(ii) opinion of counsel;

(iii) certified resolution authorizing the preparation, execution and submission of compliance certificate;

(iv) certified resolution holding the State of New York harmless from certain costs in connection with the use of the State compliance certification procedure; and

(v) executed disposition parcel certification.

(2) Upon receipt of the commissioner's approval, the appropriate disposition documents may be executed.

(3) After execution, submit to the commissioner two copies of the following documents:

(i) the executed disposition document or documents;

(ii) certified copies of all resolutions;

(iii) affidavits of publication;

(iv) HUD clearance or concurrence in the redeveloper's statement; and

(v) an opinion of counsel with respect to the executed disposition documents.

(4) The commissioner's prior approval is not required in the case of a conveyance to a municipality where the property is 100 percent eligible as a project improvement and therefore the conveyance is at no cost or charge to the municipality.

(h) Additional requirements.

If the alternative procedure set forth in subdivision (g) of this section is not utilized or in the case of disposition pursuant to subdivision (a) or (e) of this section, all required resolutions shall first be submitted in proposed form for review and approval of the commissioner.

9 CRR-NY 1802.2NY-CRR