Where it appears to be in the best interest of the county and the people thereof, Whatcom County may lease or rent any county real or tax title property and its appurtenances. Such leases may be entered into pursuant to public bid, listing with a licensed real estate agent or application from private parties. In making such lease of county real property and tax title property, the county may lease or reserve any rights to timber, minerals, or other resources on any land owned by the county separate and apart from the land in the same manner and upon the same terms and conditions as provided in this chapter for the sale of real property.
Any lease or rental agreement executed under the authority provided herein creates a vested interest in a contract binding upon the county and the lessee. Prior to any lease or rental of tax title property the terms thereof must be approved by resolution of the board of directors of the school district which would, under state law, be entitled to share in the proceeds of the income received thereof at the time the agreement is executed.
(Ord. 90-126 Exh. A (part))
The county executive shall have the authority to lease county real or tax title property; provided that, the property management committee shall establish written guidelines which shall determine when the county executive must refer a proposed lease to the property management committee for review and recommendation and to the county council for approval. Where property management committee guidelines require county council approval for a proposed lease, any decision on said proposed lease must be made by resolution after a public hearing. The notice of public hearing shall comply with Section 1.10.320. The resolution must indicate whether the lease should be submitted to public bid, listed through a licensed real estate agent or awarded by private negotiation with interested parties.
(Ord. 90-126 Exh. A (part))
When the county council finds by resolution it is in the best interest of the public to lease property pursuant to mailed bids it shall give notice in a legal newspaper of general circulation at least once a week for three consecutive weeks, the last notice to appear not more than 10 days prior to the date of bid opening. The notice must contain both the street address, if available, and the legal description of the property, its estimated market value, and designate the day, hour and the place of the bid opening. The lease shall be awarded to the highest responsible bidder; provided, that whenever there is reason to believe that the highest acceptable bid is not the best rental obtainable, all bids may be rejected and the county council may call for new bids or enter into direct negotiations, to achieve the best possible rental. In determining "highest responsible bidder," the following elements may be considered:
A. 
The character, integrity, and reputation of the bidder;
B. 
The previous and existing compliance by the bidder with the terms of other leases of county real property;
C. 
Such other information as may be deemed relevant to the decision to award the lease, including the uses to be made of the property.
(Ord. 90-126 Exh. A (part))
Private parties desiring to rent or lease county real or tax title property should submit an application to the county treasurer. When lease approval is required by the county council, the county treasurer may require a deposit in a reasonable amount to accompany all applications to lease. If the applicant is successful in leasing the property the deposit shall be credited toward the first month's lease payment. If the applicant is unsuccessful in leasing the property the deposit shall be returned to the applicant unless the applicant fails or refuses to comply with the terms of the application or to execute the lease, in which case the deposit shall be forfeited to the county and shall be placed in the current expense fund. If the county council finds by resolution, subsequent to a public hearing, it is in the best interest of the public to lease the property to the applicant or other interested parties, a lease may be executed without being submitted to public bid. The notice of public hearing shall comply with Section 1.10.320.
(Ord. 90-126 Exh. A (part))
County real and tax title property may be leased for a term of years and upon such terms and conditions as may be deemed in the best interest of the public.
(Ord. 90-126 Exh. A (part))
Any lease subject to approval by the county council which is for a term of longer than five years shall contain a provision requiring the lessee to permit the rental payments to be adjusted and fixed by Whatcom County every five years; provided, that, any lease may provide for more frequent readjustments. When the lease permits Whatcom County to adjust the rent, the county will give the lessee written notice of the adjusted rent, in accordance with the terms of the lease. The rent as adjusted shall take effect no sooner than as provided by the lease and then 30 days after date of said notice unless lessee, within 30 days following receipt of notice from Whatcom County gives written notice of rejection of the adjusted rent. If the lessee and the county cannot agree upon the rental adjustment, the rent for the period will be adjusted by arbitration. The lessee and the county will select one disinterested arbitrator each, and the two selected arbitrators will select a third. If the two arbitrators have not selected a third arbitrator within 30 days after the selection of the last selected of the two, either the lessee or the county may apply to the presiding judge of the Superior Court in Whatcom County for the appointment of a third arbitrator. Each arbitrator will be a member of the American Institute of Real Estate Appraisers, or of the Association having equivalent ethical and professional standards. The three arbitrators will determine a fair rent for the premises based upon the estimated market value of the property, as previously defined. The decision of a majority of the arbitrators will bind both lessee and the county. At the conclusion of the arbitration, the arbitrators will submit written reports to the lessee and the county. The cost of the arbitration will be divided equally between the lessee and the county.
(Ord. 90-126 Exh. A (part))
Whatcom County may lease county property when it is in the best interest of the county and its residents. The property management committee, along with the appropriate departmental custodian, shall review and make recommendations to the county executive when property is to be leased for over three years.
(Ord. 95-048)