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HomeMy WebLinkAboutres2025-039' Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2025-713 File ID: AB2025-713 Version: 1 Status: Approved File Created: 10/07/2025 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution (FCZDBS) Requiring a Public Hearing Department Assigned to: Council Final Action: 11/18/2025 Agenda Date: 11/18/2025 Enactment #: RES 2025-039 Related Files: Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution declaring the Whatcom County Flood Control Zone District's intention to lease property on River Road (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Public Works requests that the FCZD Board of Supervisors hold a public hearing and take action on the proposed resolution to lease property for agricultural purposes, and authorize the Whatcom County Executive to execute a lease agreement with the highest responsible bidder that can demonstrate their ability to comply with the conditions contained in the resolution HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 10/21/2025 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 6 Buchanan, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 1 Byrd 11/18/2025 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Whatcom County Page 1 Printed on 1111912025 Agenda Bill Master Report Continued (AB2025-713) Attachments: Staff Memo, Aerial Map, Proposed Resolution, Notice of Hearing Whatcom County Page 2 Printed on 1111912025 PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: OCTOBER 21, 2025 RESOLUTION NO. 2025-039 DECLARING THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT INTENTION TO LEASE PROPERTY ON RIVER ROAD WHEREAS, the Whatcom County Flood Control Zone District (FCZD) owns certain real property located on River Road, which was purchased from the Washington State Department of Natural Resources in 2008; and WHEREAS, the property has been historically leased for agricultural purposes; and WHEREAS, the most recent lease expired on January 1, 2025, and the FCZD is supportive of continuing to lease the property for agricultural purposes; and WHEREAS, in accordance with RCW 86.15.080, a flood control zone district may lease surplus lands in a manner consistent with RCW 36.34; and WHEREAS, Whatcom County has adopted comprehensive procedures for the lease and disposition of county -owned property as codified in Whatcom County Code Chapter 1.10, which applies to the management of real property held by the County and its departments including the FCZD; and WHEREAS, it has been determined that the fair market rental value of the property should not be less than $4,180 per year, plus applicable leasehold tax. NOW, THEREFORE, BE IT RESOLVED that the FCZD Board of Supervisors declares its intentions to lease the real property described in Exhibit A for a minimum of $4,180 per year, plus leasehold tax, subject to the conditions described in Exhibit B; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the Whatcom County Finance Department to lease this property by sealed bid to the highest and best bidder; at a location and time determined by the Finance Department; and BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the County Executive to act on its behalf in executing a lease agreement with the highest responsible bidder that can demonstrate their ability to comply with the conditions set forth in Exhibit B; and BE IT FINALLY RESOLVED that if no lease is fully executed within six months from the date of the passage of this Resolution, the authorization to lease shall be withdrawn. APPROVED this.18th day of November , 2025 E �CWHATCOM COUNTY FCZD BOARD OF SUPERVISORS AT EESI:m' K il WHATCOM COUNTY, WASHINGTON ;r CC3tJN athy Ha.ka; Cfe-IW of thkouncil :,, K ylee alloway, Chair of the(Board of Supervisors APPROVED AS -TO PERM: Christopher 06in'n Chief Civil Deputy Prosecutor (authorized via email 9/26/2025 EXHIBIT A Whatcom County Tax Parcel Number 400236 190361 0000 Government Lot 6 of Section 36, Township 40 North, Range 2 East, Willamette Meridian, Whatcom County, Washington. Situate in Whatcom County, Washington. EXHIBIT B LIMITATIONS ON AND REQUIREMENTS FOR USE: 1. No fill can be brought into the property. Minor land grading of the property to make it level and farmable is permissible. 2. No structures can be constructed on the property. 3. Only grasses or annual crops are allowed, with winter cover crop required if annual crop is used. 4. Application of commercial fertilizer and manure are allowed only if they are included in the farm plan and application methods and timing are in accordance with that plan. 5. All activities, including application of manure, must be done in accordance with all applicable federal, state and local rules and regulations. 6. Tenant shall agree to keep in good repair all terraces, open ditches, inlets and outlets of tile drains; preserve all established watercourses or ditches including grassed waterways, and refrain from any operations or practice that will injure such structures. 7. Tenant must have a current farm plan following current NRCS standards and specifications. If an approved farm plan has not already been established, then within 30 days of the commencement of the lease the Tenant must contact the Whatcom Conservation District to create an approved farm plan for the property. The implementation of such plan must begin within 120 days of the commencement of the lease and be followed during the term of the lease. Lease Term: The maximum term of the lease is 5 years. Bid Response: Bidders should submit the following information as part of their bid response: 1. Bid amount for annual rental of land. Do not include leasehold tax in your bid amount, as it will be calculated and applied separately upon the successful bid amount. 2. A statement of your understanding of the scope of the lease and the steps necessary to farm the land. 3. A brief outline of how you propose to manage the farmland if awarded the lease and a timetable for your farm plan. 4. Describe your ability to obtain insurance for your leasing for this project. Proof of insurance must be provided prior to final execution of the lease agreement. Insurance must include the following minimum coverages: a. General liability coverage $1,000,000 per occurrence b. Workers Compensation Coverage as required by the Industrial Insurance laws of the State of Washington.