HomeMy WebLinkAboutres2014-059 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-298
Clearances Initial Date Date Received In Council Office Agenda Date Assigned To: 1
Originator: U— 114 Council-
Andrew Hester 3-1 I h
P �� C [ 9-16-14 Introduction
Division Head: l
Paula Cooper I -1 9-30-14 Council-Hearing
Dept.Headt rj h,(Ij SEP 0 9 2014
Frank Abut �'" T//.ate // 10-14-14 Finance Comm.
DanGibsoonz o9/Nfi'f WHATCOM COUNTY 10-28-14 Council
Purchasing/Bud•et: / COUNCIL
Executive. 91 V
TITLE OF D 1'l- ' ..t T: AlllResolution Declaring the Whatcom County Flood Control Zone District
g t1'
Intention to Leas• 'roperty on River Road
ATTACHMENTS: 1. Cover Memo
2. Resolution
3. Map
SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? (X) Yes ()NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
In accordance with RCW 36.34, the Whatcom County Flood Control Zone District(FCZD) intends to lease the
property located on River Road for agricultural use. The FCZD Board of Supervisors will act on a resolution to
lease the land to the highest responsible bidder who can demonstrate their ability to comply with the conditions
for use described in the resolution. If the resolution is approved,bids will be received at the River and Flood
office located at 322 N. Commercial Street, Suite 120, until 2:00 pm on October 30, 2014.
COMMITTEE ACTION: COUNCIL ACTION:
10/14/2014: Amended and approved in Finance Committee, 9/16/2014: Introduced 7-0, Council acting as FCZDBS,
forwarded to Council for approval Proposed Public Hearing for 9/30/14
(Council acting as the FCZDBS) 9/30/2014: Held in Council for additional information
and referred to Finance Committee on 10/14
10/28/2014: Amended and approved 7-0, Res. 2014-059
(Council acting as the FCZDBS)
Related County Contract#: Related File Numbers: Ordinance or Resolution
Number: Res. 2014-059
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whatcom.wa.us/council.
1 SPONSORED BY: Consent
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE: 9/16/2014
4
5 RESOLUTION NO. 2014-059
6
7 A RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL
8 ZONE DISTRICT INTENTION TO LEASE PROPERTY ON RIVER ROAD
9
10 WHEREAS, the Whatcom County Flood Control Zone District(FCZD) owns property
11 located on River Road, which was purchased from the Washington State Department of
12 Natural Resources in 2008; and
13 WHEREAS, at the time the property was purchased,the property was leased and FCZD
14 became the lessor of that lease; and
15 WHEREAS,the lease expires on November 30, 2014; and
16 WHEREAS, Whatcom County Public Works is supportive of continuing to lease the
17 property for agricultural purposes; and
18 WHEREAS, in accordance with RCW 86.15.080, a FCZD may lease surplus lands in a
19 manner consistent with RCW 36.34; and
20 WHEREAS,it has been determined that the fair market rental value of the property should
21 not be less than$2,800 per year,plus applicable leasehold tax; and
22 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the FCZD Board of
23 Supervisors to lease the following property described in Exhibit A for a minimum of
24 $2,800 per year,plus leasehold tax,
25 SUBJECT TO the conditions described in Exhibit B.
26 BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the Whatcom
27 County Treasurer to lease this property at a public auction to the highest and best bidder;
28 at a location and time determined by the Treasurer.
29 BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the County
30 Executive to act on its behalf in executing a lease agreement with the highest responsible
31 bidder that can demonstrate his/her ability to comply with the conditions set forth in
32 Exhibit B.
33
1 EXHIBIT A
2
3 Whatcom County Tax Parcel Number 400236 190361 0000
4
5 Government Lot 6 of Section 36, Township 40 North,Range 2 East,
6 Willamette Meridian, Whatcom County, Washington.
7
8
1 EXHIBIT B
2 LIMITATIONS ON AND REQUIREMENTS FOR USE:
3 1. No fill can be brought into the property. Minor land grading of the property to make it
4 level and farmable is permissible.
5 2. No structures can be constructed on the property.
6 3. Only grasses or annual crops are allowed, with winter cover crop required if annual
7 crop is used.
8 4. Application of commercial fertilizer and manure are allowed only if they are included
9 in the farm plan and application methods and timing are in accordance with that plan.
10 5_ All activities, including application of manure, must be done in accordance with all
11 applicable federal, state and local rules and regulations.
12 6. Tenant shall agree to keep in good repair all terraces, open ditches, inlets and outlets of
13 tile drains;preserve all established watercourses or ditches including grassed
14 waterways, and refrain from any operations or practice that will injure such structures.
15 7. Tenant must have a current farm plan following current NRCS standards and
16 specifications. If an approved farm plan has not already been established,then within
17 30 days of the commencement of the lease the Tenant must contact the Whatcom
18 Conservation District to create an approved farm plan for the property. The
19 implementation of such plan must begin within 120 days of the commencement of the
20 lease and be followed during the term of the lease.
21 8. Prior to the commencement of the lease the County shall commission a comprehensive
22 soil chemistry analysis("First Test") comparable to those typically used by
23 knowledgeable buyers as part of their typical pre-purchase inspections of agricultural
24 land. A copy shall be retained by the County and copy shall be provided to the tenant.
25 9. No sooner than 90 days and no later than 30 days prior to the termination of the lease
26 term the County shall commission a new comprehensive soil chemistry analysis
27 ("Second Test") substantially identical to the First Test. A copy shall be retained by the
28 County and copy shall be provided to the tenant.
29 10. If the Second Test establishes that the soil has equal or greater nutrient value and
30 health than the First Test then the Tenant shall have no further obligation to improve
31 the soil once the lease term expires.
32 11. If the Second Test establishes that the soil has been depleted or its health is has
33 otherwise been impaired since the First Test then it shall be the Tenant's obligation to
1 immediately repair and replenish the land as soon as weather permits. Should the
2 Tenant fail to do this within 90 days of the weather permitting, the County may elect to
3 employ others repair the land and bill the Tenant for all associated costs.
4 12. The Tenant shall provide security to guarantee payment of costs referred to in item#8
5 and item#9 above, in a form and amount approved by the Prosecuting Attorney's
6 Office.
7 Lease Term: The maximum term of the lease is 5 years.
8 Bid Response: Bidders should submit the following information as part of their bid response:
9 1. Bid amount for annual rental of land. Do not include leasehold tax in your bid amount,
10 as it will be calculated and applied separately upon the successful bid amount.
11 2. A statement of your understanding of the scope of the lease and the steps necessary to
12 farm the land.
13 3. A brief outline of how you propose to manage the farmland if awarded the lease and a
14 timetable for your farm plan.
15 4. Describe your ability to obtain insurance for your leasing for this project. Proof of
16 insurance must be provided prior to final execution of the lease agreement. Insurance
17 must include the following minimum coverages:
18 a. General liability coverage$1,000,000 per occurrence
19 b. Workers Compensation Coverage as required by the Industrial Insurance laws of the
20 State of Washington.
1 BE IT FURTHER RESOLVED that if no lease is fully executed within six months from
2 the date of the passage of this Resolution,the authorization to lease shall be withdrawn.
3
4 Alpli( HD eitiidday of October , 2014
5 : .► \r�ACC3'.0f :
WHATCOM COUNTY COUNCIL
6 = ;� � .,. { ►a WHATCOM COUNTY, WASHINGTON
7
9 =Dan4 Eh-"t vi `o znt Jerk Carl Weimer, Council Chair
10 a.. /-1114Q'
11
12 API XIET3 Ag p + ORM:
13 �� ��
14
15 Daniel Gibson
16 Chief Civil Deputy Prosecutor
17