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File #: 21-0052    Version: 1 Name:
Type: Consent - Open & Responsible Government Status: Agenda Ready
File created: 12/29/2020 In control: Board of Commissioners
On agenda: 1/20/2021 Final action:
Title: A resolution by the Board of Commissioners authorizing the termination of certain leases utilized by the District Attorney; delegating authority to the County Manager to negotiate the effective termination and or suspension of certain leases when in the best interest of Fulton County; requiring the County Manager to spread such actions on the meeting minutes of a subsequent Board of Commissioners' Meeting; authorizing the County Manager to execute those documents necessary to terminate those leases approved by the Board of Commissioners; authorizing the County Attorney to approve any required documents as to form and make modifications as necessary prior to execution; and for other purposes.
Attachments: 1. Resolution Delegating County Manager with Authority to Terminate Certain Leases MG, 2. Minutes - 2021-0052
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Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)

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A resolution by the Board of Commissioners authorizing the termination of certain leases utilized by the District Attorney; delegating authority to the County Manager to negotiate the effective termination and or suspension of certain leases when in the best interest of Fulton County; requiring the County Manager to spread such actions on the meeting minutes of a subsequent Board of Commissioners’ Meeting; authorizing the County Manager to execute those documents necessary to terminate those leases approved by the Board of Commissioners; authorizing the County Attorney to approve any required documents as to form and make modifications as necessary prior to execution; and for other purposes.

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Requirement for Board Action (Cite specific Board policy, statute or code requirement)

In accordance with Fulton County Code (FCC) § 1-117, the Board of Commissioners has the “exclusive jurisdiction and control over . . . directing and controlling all the property of the county” and pursuant to FCC § 2-152, the County Manager, as the chief executive officer of Fulton County, has the duty “to conduct, supervise and administer all county affairs, subject only to the general law, to rules prescribed by the [Board of Commissioners], and subject to the right of the [Board of Commissioners] to review, repeal or modify any action of the [County Manager] which is contrary to the general law or such rules.”

 

Strategic Priority Area related to this item (If yes, note strategic priority area below)

Open and Responsible Government

 

Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)

 

Scope of Work: The Office of the Fulton County District Attorney has requested that the Fulton County Department of Real Estate and Asset Management negotiate the effective termination of four (4) lease agreements that are in use for the operations of the District Attorney.   The lease agreements at 461 Nelson Street Atlanta, Georgia, 2472 Martin Luther King Jr. Drive S.W. Atlanta, 2996 Grandview Avenue Atlanta, Georgia and 4910 Jonesboro Road Union Building 100, Suite 104 Union City, Georgia have been identified by the newly elected District Attorney  for termination.  In accordance with Fulton County practice and O.C.G.A. §  36-10-1, all contractual agreements in which Fulton County is a party to the agreement must be completed in writing and any amendments thereto must also be in writing and spread on the meeting minutes.  Approval of the Board of Commissioners is being requested to grant the County Manager to authority complete the effective termination of four (4) lease agreements at the request of the Office of the Fulton County District Attorney. The County Manager will also be granted the future duty to terminate other lease agreements when in the County’s best interest, subject to spreading on the meeting minutes of the Board of Commissioners at the next meeting. 

 

Community Impact: :  It is not anticipated that the effective termination of the four (4) lease agreements will impact the quality of life or crime rates within the communities in which the lease agreements are located.  Funding previously used for rental payments will be reallocated for other initiatives intended to improve the quality of life, reduction of crimes committed and community involvement with crime prevention and reporting.    

 

Department Recommendation: The Department of Real Estate and Asset Management recommends approval of a resolution granting the County Manager the authority to negotiate the effective termination of lease agreements involving Fulton County inclusive of the four (4) lease agreements identified by the Office of the District Attorney. 

 

Project Implications: The Department of Real Estate and Asset Management recommends approval of a resolution granting the County Manager the authority to negotiate the effective termination of lease agreements involving Fulton County inclusive of the four (4) lease agreements identified by the Office of the District Attorney. 

 

Community Issues/Concerns: None

 

Department Issues/Concerns: None