File #: 22-1740    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 12/21/2022 In control: Public Works
On agenda: 12/22/2022 Final action: 12/22/2022
Title: Option to Extend the Term of the License Agreement at the Shelter Cove Solid Waste Container Site with Resort Improvement District No. 1.
Attachments: 1. Staff Report, 2. Attachment No. 1 - License Agreement for Shelter Cove, 3. Attachment No. 2 - First Amendment to License Agreement, 4. Attachment No. 3 - Option Letter No. 1, 5. Attachment No. 4 - Option Letter No.pdf, 6. Attachment No. 5 - Correspondence with Licensor
Previous Action/Referral: 24-9

 

To:                                                               Board of Supervisors

 

From:                                          Public Works                                          

 

Agenda Section:                     Consent                                                               

 

SUBJECT:

title

Option to Extend the Term of the License Agreement at the Shelter Cove Solid Waste Container Site with Resort Improvement District No. 1.

end

 

RECOMMENDATION(S):

Recommendation

That the Board of Supervisors:

1.                     Approve the option to extend the term of the License Agreement at the Shelter Cove Solid Waste Container Site with the Resort Improvement District No. 1 to Jan. 31, 2024; and

2.                     Approve and authorize the Public Works Director to execute the attached option letter (Attachment No. 4 - Option No.2).

 

Body

SOURCE OF FUNDING                     

Solid Waste (3691438)

 

DISCUSSION:

On March 4, 1997, your Board approved a License Agreement with Resort Improvement District No. 1 (Licensor) for use of their lands to operate a  solid waste container site in Shelter Cove (Attachment No. 1 - License Agreement).

 

On Nov. 16, 2021, your Board approved a First Amendment to License Agreement to extend the term of the License Agreement for two (2), one (1) option terms (Attachment No. 2 - First Amendment to License Agreement).

 

On Jan. 25, 2022, your Board approved the first of two option terms to extend the term of the License Agreement, beginning on Feb 1, 2022, and ending on Jan. 31, 2023, by written notice to the Licensor (Attachment No. 3 - Option Letter No. 1)

 

The county desires to exercise the second of two option terms to extend the term of the License Agreement, beginning on Feb. 1, 2023, and ending on Jan. 31, 2024, by written notice to the Licensor (Attachment No. 4- Option Letter No. 2). The Licensor has permitted the county to submit the written notice less than the required sixty (60) days prior to the end of the license term. (Attachment No. 5- Correspondence with Licensor).

 

Staff is requesting that your Board approve the option to extend the license term, beginning on Feb. 1, 2023, and ending on Jan. 31, 2024.

 

 

FINANCIAL IMPACT:

Annual rent for use of the site is $100. Fiscal year 2022-23 Solid Waste budget 3691438 will accommodate this rent. There will be no impact to the General Fund.

 

STRATEGIC FRAMEWORK:

This action supports your Board’s Strategic Framework by providing for and maintaining infrastructure.

 

OTHER AGENCY INVOLVEMENT:                     

Public Works

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

Your Board could choose not to approve the option to extend the term of the license, however this is not recommended as the License Agreement will expire on Jan. 31, 2023, and thus force the site to close down prior to other service being in place.

 

ATTACHMENTS:                     

Attachment No. 1 - License Agreement

Attachment No. 2 - First Amendment to License Agreement

Attachment No. 3 - Option Letter No. 1

Attachment No. 4 - Option Letter No. 2

Attachment No. 5 - Correspondence with Licensor

 

PREVIOUS ACTION/REFERRAL:

Board Order No.: C24, C24                     

Meeting of: 11/16/21, 1/25/22

File No.: 21-1584, 21-1755