Rental Agreement with LC SWDD#1 for Central Transfer Station in Centralia BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF:
Approving rental agreement between Lewis County ) RESOLUTION NO. 18- 03k
and Solid Waste Disposal District #1 of Lewis )
County for the Central Transfer Station in Centralia )
and authorizing signature thereon )
WHEREAS, the Board of County Commissioners (BOCC) has reviewed a renewal agreement
with the Solid Waste Disposal District #1 of Lewis County (District), a quasi-municipal corporation, for
the rental of the Central Transfer Station in Centralia (attached as Exhibit A); and,
WHEREAS, a notice of intention to lease, as required by RCW 36.34.160, was published in a
legal newspaper at least once a week for a duration of three weeks and visibly posted in the
courthouse for the same period of time; and,
WHEREAS, a hearing was held on the 22nd day of January, 2018, at or after the hour of 10:00
A.M., in the BOCC hearing room, during which all persons appeared and were heard upon said
agreement; and
WHEREAS, it appears to be in the best public interest to authorize said agreement with the
District;
NOW, THEREFORE BE IT RESOLVED that the BOCC hereby approves said agreement with
the District for the rental of the Central Transfer Station and the BOCC is authorized to sign the
agreement on behalf of Lewis County.
DONE IN OPEN SESSION this 22nd day of January, 2018.
APPROV -'S 9 FORM: BOARD OF COUNTY COMMISSIONERS
Jonath;,r . - 'er Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By. Civil Dep. y ZEdn. J. Fund,
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ATTEST: PA oc, • •Aft C. J.c n, Vice Chair
SINCE \�°• (�'
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Rieva Lester, Clerk of the kvii C6660 1)2.: Gary Stamper, Cor6issioner
Board of County Comm issitar
cover:;
Exhibit A
ii
RENTAL AGREEMENT
FOR RENTAL OF SOLID WASTE TRANSFER STATION
This agreement, executed in duplicate between Lewis County, a municipal corporation (hereinafter referred to
as the "County), and Lewis County Solid Waste Disposal District#1, a quasi-municipal corporation (hereinafter referred
to as the "District"), dated
WITNESSETH:
Whereas, counties and solid waste disposal districts have the authority to provide for disposal of solid wastes
and are authorized under provisions of Chapter 39.34 RCW and RCW 39.34.080 to contract with one another for the
provision of any governmental service, activity, or undertaking that each public agency entering into the agreement is
authorized by law to perform, and
Whereas, the County constructed a solid waste transfer station (the "Facility") on approximately ten (10) acres
of leased property at 1411 South Tower Avenue, Centralia, Washington, at a cost of$4,985,625; and,
Whereas,the County is authorized to enter into a lease agreement with the District, pursuant to RCW 36.34.180
and LCC 3.30.450 et seq.; and,
Whereas, the District has leased the Facility from the County since April 1, 1994, which has allowed the District
to use the Facility to meet its obligations to customers within the boundaries of the District; and,
Whereas, the County is willing and able to continue renting the Facility to the District based upon an agreed
monthly rate, as described in Section III of this agreement; and,
Whereas, Section VII, "Reopener," of the original 1994 rental agreement allows the renegotiation of Sections III,
IV, and V of the agreement; therefore, Section III, "Rental Amount," was renegotiated, and after the Facility was
appraised by the Real Estate Division of the Lewis County Dept. of Public Works, and upon mutual consent of the County
and the District within one year's notice, the payment amount increased from $38,700 to $51,000, effective January 1,
2010; and,
Whereas, RCW 36.34.160 states that prior to a board of county commissioners making a decision regarding the
lease of property, notice of the intention to lease must be published in a legal newspaper at least once a week for a
duration of three weeks, and a notice of the intention to lease must also be visibly posted in the courthouse for the
same period of time; and,
Whereas, RCW 36.34.160 also states that said notice will announce that the board of county commissioners
plan to meet at the county courthouse on a designated day and time within a week after three weeks of publication of
the notice, and that the public may appear and comment on this agreement during said meeting; and,
Whereas,the notice of intention to lease was published and posted as required in RCW 36.34.160, and a public
hearing was held during a meeting of the County on January 22, 2018, during which the public was given the opportunity
to appear and comment on this agreement.
IT IS HEREBY AGREED AS FOLLOWS:
I. Term of Agreement
2 i
This agreement shall be effective from January 1, 2018 through December 31, 2022.
II. Scope of Agreement.
This agreement is for the rental of the Facility owned by the County and operated by the County
Department of Public Works, Solid Waste Division, pursuant to an interlocal agreement with the District.
III, Rental Amount.
The monthly rental for the Facility shall be Fifty-One Thousand Dollars ($51,000), payable monthly to the
County by the District.
IV. Obligations of the County
The County shall be responsible for:
1. Insuring the Facility.
2. Any bonded debt associated with the construction of the facility.
3. Payment for non-routine repairs.
V. Obligations of the District
The District shall be responsible for:
1. Maintenance and upkeep of the Facility.
2. Payment for routine repairs.
VI. Termination.
This agreement may not be terminated by either party without written consent of the other party received
90-days in advance.
VII. Reopener.
Sections III, IV, and V of this agreement may be renegotiated upon mutual consent of the County and the
District with one year's notice.
31
This agreement shall become effective upon signature by all parties hereto and upon its filing with the Lewis County
Auditor and the Washington Secretary of State.
BOARD OF COUNTY COMMISSIONERS
•
ATTEST: ,v7 •1.,.!■,„ LEWIS COUNTY, WASHINGTON
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J7 - `~' SINCE I o•o �%��•
Rieva Lester, Clerk of the Levhs.COunti845 �/ z: Edna J. Fu•d, C Or
Board of County Commissioner• ,1., (y'*; /.
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•-r.);col�rrfis•s 1 A
APPROVED AS TO FORM_ `,=o,•o.w -a••• Ro•ert C.Jackson,Vice Chair
JONATHAN ME
Pros- i% : •ttorn�- / A, 9,--v Ili !/ Gary Starr per, Member
' Z-I ,
Chief C Dep ty
z iTATTEST: C--____.-------
CH,iR
GOVERNING BOARD OF COMMISSIONERS
I.Al LEWIS COUNTY SOLID WASTE DISPOSAL
�O
Clerk of the Lewis County DISTRICT#1
Solid Waste Disposal District#1
41
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan 22, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Approving rental agreement between Lewis County and Solid Waste Disposal District#1 of Lewis County for
the Central Transfer Station in Centralia and authorizing signature thereon
Contact Steve Skinner or Donna Zuber Phone: Ext. 1403 or 1451
Department: Public Works
Action Needed: Approve Resolution
Description
The rental agreement for the Central Transfer Station, which expired December 31, 2017, is between Lewis
County, owner of the facility, and the District. The agreement first became effective April 1, 1994; expired
December 31, 2012; and was renewed March 4,2013. The proposed renewal agreement is effective January 1,
2018 and expires December 31,2022.
According to RCW 36.34.160, the public must be allowed to comment on the agreement. Therefore, a
resolution was approved December 18, 2017, establishing a hearing to be held on January 22, 2018; and a notice
of intention to lease was published at least once a week for a duration of three weeks and visibly posted in the
courthouse for the same period of time.
All terms and conditions of the renewal agreement remain the same as the 2013 agreement with payments to
Lewis County in the amount of$51,000 per month.
Publication Requirements:
Approvals:
Hearing Date: Jan 22, 2018
User 1 Group Status Publications:
Amrine, Kim Public Works Pending
Martin, Erik Public Works Pending Publication Dates:
Skinner, Steve I Public Works Pending
Additional Copies /0/7
Donna Zuber
Steve Skinner
Kim Amrine