4.46.600 Real property leases -- Special use leases of agricultural fair property.
The county may lease agricultural fair property to a non-profit organization if the terms of the lease are consistent with the following:
(1) The consideration received must equal or exceed the fair market value considering funds paid to the county; funds used to construct, improve or maintain the county real property under the lease; and funds used for county purposes whether by the county or the lessee.
(2) The term of the lease shall not exceed 35 years.
(3) The property shall be used for purposes that are compatible with other uses of the fair property and the annual agriculture fair and, if used for revenue producing purposes, the net revenue after payment of reasonable expenses for the operation and administration of the revenue producing activities, maintenance, and the cost of improvements to the property shall be expended solely for county purposes whether by the county or the non-profit lessee. The books and records of the lessee shall be available and accessible at all times for inspection by the county executive or his designee.
(4) The lease may provide for the exclusive use of some portions of the leased property during the non-fair period or the joint use with provision for adequate notice between lessee and the lessor.
(5) All proposed capital improvements that exceed $50,000 shall be approved by the council prior to the calling for bids.
(6) If the lease provides that the lessee may use the property during fair operation, the leased property shall be used for fair purposes and such use shall be a portion of the fair, further the general operation of the fair, attract attendance to the fair, and comply with the general rules and regulations of fair activities.
(7) The leased property may be sub-leased by the lessee for uses consistent with this section only with written approval by the county. Net proceeds of sub-leases must be used in a manner consistent with subsection (3) of this section and sub-lease agreements for a term exceeding 30 days must be approved by the council.
(8) At the termination of the lease, all improvements on the property shall revert to and become county property. (Added by Ord. 83-006 § 1, Feb. 18, 1983; Amended by Ord. 93-137, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended by Ord. 14-080, Sept. 24, 2014, Eff date Oct. 10, 2014).