(1) 
Lewis County may lease any county real property including airport property and the appurtenances thereto for a year or term of years under the limitations and restrictions and in the manner provided herein. Agricultural fair property may be leased for uses not inconsistent with the conduct of the annual fair during such periods of time that the fair is not in operation. Fair market rental value shall be the basis for all such leases, with the same to be awarded upon the best available terms and conditions.
(2) 
The board, after finding it to be in the best interest of the county, shall be the authorizing agency for leasing county real property.
(Ord. 1331 (Exh. A), 2021)
(1) 
Where the lease value of an individual parcel or parcels within a classification has been established by appraisal by a licensed general appraiser, then property may be leased by private negotiation at the values so established and subject to the further terms required by this chapter; provided, that where the lease value is less than $5,000 annually, then a current assessor's appraisal or other evidence of value having commercial responsibility may be utilized as a basis for privately negotiated terms, where the evidence of value is documented and of record in the proceedings of the board.
(2) 
Where general law contains less stringent requirements for leasing than by bidding, such provisions may be followed with respect to property to which such law applies. Where private negotiation is not authorized by this section, then the lease, modification, extension, or renewal shall be awarded by the board following competitive bidding or auction.
(Ord. 1331 (Exh. A), 2021)
When a lease of county real property is to be awarded through competitive bidding, the lease shall be awarded to the highest responsible bidder; provided, that wherein there is reason to believe that the highest acceptable bid is not the best rental obtainable, all bids may be rejected and the county may call for new bids or enter into direct negotiations to achieve the best possible rental. Each bid with the name of the bidder shall be recorded by the property management section of the department of public works, and record thereof with the name and address of the successful bidder and the amount of the successful bid shall, after awarding of the lease, be open to public inspection at the property management office. In determining highest responsible bidder, in addition to rental, the following elements shall be given consideration:
(1) 
The character, integrity, and reputation of the bidder;
(2) 
The previous and existing compliance by the bidder with the terms of other leases of county real property and the laws relating thereto;
(3) 
Such other information as may be relevant to the decision to award the lease.
(Ord. 1331 (Exh. A), 2021)
All applications to lease Lewis County real property or proposed leases shall be submitted to the board of county commissioners in the manner prescribed by this section. The county may require that a bid bond, in the form of a cashier's or certified check, accompany each application or bid. In case the lands applied for are leased to another, the deposit shall be returned to the applicant, but if the party making applications fails or refuses to comply with the terms of this application and to execute the lease, the deposit shall be forfeited to the county, and be deposited in the current expense fund.
(Ord. 1331 (Exh. A), 2021)
(1) 
Lewis County may lease real property for a term of years and upon such terms and conditions as may be deemed in the best interest of the public and the county; provided, that no lease shall be longer than 10 years; provided further, that when the board determines it to be in the best public interest, real property necessary to the support or expansion of an adjacent facility may be leased to the lessee of the adjacent facility, but not to exceed 35 years, or to the owner of an adjacent facility for a term not to exceed 35 years; provided further, that when the board determines it to be in the best public interest, where the property to be leased is improved or is to be improved, and the value of the improvement is or will be at least equal to the value of the property to be leased, and will thereafter be county property, the county may lease such property for a term not to exceed 35 years; provided further, that where the property to be leased is to be used for major airport, industrial, or commercial purposes, requiring extensive improvements, the county may lease such property for a term equal to the estimated useful life of the improvements, but not to exceed 50 years.
(2) 
The lessee shall not improve or alter the leased property in any manner without the prior written consent of the county but shall, before making any improvements or alterations, submit plans and designs therefor to the county for approval. Unless otherwise stipulated, all improvements or alterations erected or made on the leased property shall, on expiration or sooner termination of the lease, belong to the county without compensation to lessee; provided, however, that the county shall have the option, to be exercised on expiration or sooner termination of the lease, to require the lessee to remove any or all such improvements or alterations. If the lessee fails substantially to make the improvements or alterations required by the lease, the lease may be terminated and all rentals paid shall be forfeited to the county.
(3) 
The rent of all leases of county real property shall be based upon fair market rental value except as otherwise authorized in this chapter, and no lease shall be assigned or subleased without approval by the county in writing.
(Ord. 1331 (Exh. A), 2021)
(1) 
Any lease of county-owned property for a term of longer than five years shall contain a provision requiring the lessee to permit the rental to be adjusted and fixed by Lewis County every five years; provided, that any lease may provide for more frequent readjustments. When the lease permits the county to adjust the rent, Lewis County will give 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 Lewis County, gives written notice of rejection of the adjusted rent. If lessee and the county cannot agree upon the rental adjustment, the rent for the period will be adjusted by arbitration. 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 lessee or county may apply to the presiding judge of the superior court in Lewis County for the appointment of a third arbitrator. Each arbitrator will be a licensed general appraiser.
(2) 
The three arbitrators will determine a fair rent for the premises based upon the fair market rental value of the property, as previously defined. The decision of a majority of the arbitrators will bind both lessee and county. At the conclusion of the arbitration, the arbitrators will submit written reports to the lessee and county. The cost of the arbitration will be divided equally between lessee and the county.
(Ord. 1331 (Exh. A), 2021)