Approve amended road use permit to Lewis County from ORM Timber Operating Company IL, LLC. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-341
APPROVING AN AMENDED ROAD USE PERMIT TO
LEWIS COUNTY FROM ORM TIMBER OPERATING
COMPANY IL, LLC FOR ACCESS TO A RADIO
REPEATER SITE ON HOPKINS HILL AND
AUTHORIZE SIGNATURES THEREON
WHEREAS, the Board of County Commissioners (BOCC) has reviewed a proposed
amended Road Use Permit to Lewis County from ORM Timber Operating Company
IL, LLC, for access to a radio repeater site on Hopkins Hill; and
WHEREAS, the BOCC previously approved a Road Use Permit between Lewis
County and ORM Timber Operating Company IL, LLC under Resolution 16-220; and
WHEREAS, the amended Road Use Permit shall be for a period of five (5) years,
ending August 31, 2026, for a total cost of $2,350.00; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of said amended Road Use Permit for Lewis County.
NOW THEREFORE BE IT RESOLVED that the aforesaid amended Road Use
Permit is herby approved, and the Chair of the BOCC is authorized to sign the
same.
DONE IN OPEN SESSION this 14th day of September, 2021.
Page 1 of 2 Res. 21-341
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Absent
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: ." Tr;•"as•• Lindsey R. Pollock, DVM
Lotdsey R. Pollock, DVM, Vice Chair
S,NCr,
1845
•' ` ',`CON�` `.:
Rieva Lester '1`11 —i:?;V— Sean D. Swope
*
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-341
AMENDMENT NO.2 TO
ROAD USE PERMIT No.620RF110141(FKA 620RF110024)
2021ANE00388
THIS AMENDMENT NO. 2 to Road Use Permit No. 620RF110141 (formerly known as
620RF110024)("Agreement"),is made and entered into as of the 27th day of July,2021,by and between
ORM TIMBER OPERATING COMPANY II,LLC, a Delaware limited liability company (the
"Owner")and
LEWIS COUNTY,a government entity("Permittee").
WHEREAS, Owner and Permittee have entered into that certain Road Use Permit dated August
31, 2011, as amended by Amendment No. 1 dated August 1,2016, in which Owner granted to Permittee
non-exclusive permission to use the road on Owner's property located in Section 6, Township 12 North,
Range 04 East and Section 31,Township 13 North, Range 04 East,W.M.,in Lewis County,Washington
of Washington for the purpose of gaining access to and providing power to Permittee's radio relay station
located in Section 31, as well as the installation, maintenance, operation and other purposes reasonably
incidental thereto;and
WHEREAS,Owner and Permittee wish to amend the Agreement to extend the expiration date of
the Agreement and establish the new rental amount due for extension of the term of the Agreement;
WHEREAS, Owner, at Permittee's request, has agreed to change the access route used by the
Permittee,and Permittee retains the right to maintain the existing power transmission line route if required;
WHEREAS,the Agreement is in full force and not in default;
NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,the parties agree as follows:
1. Capitalized terms not otherwise defined herein shall have the meanings set forth in the
Agreement.
2. Owner and Permittee hereby amend Paragraphs 1 and 2 of the Agreement to read as
follows:
1.Term:
This Permit shall take effect on September 1, 2021 and shall be in effect until August 31, 2026,
or upon completion of Permittee's operations, whichever date occurs first; provided, however,
that Owner may terminate this Permit at anytime, with or without notice, in the event of
Permittee's breach of any of the terms or conditions hereof. Permitte shall give Owner prompt
written notice of the completion of its operations. This Permit shall not be recorded.
2. Consideration:
1
Amendment
Rev.4/03/2015
Permittee shall pay Owner the sum of Two Thousand Three Hundred Fifty and No/100 Dollars
($2,350.00)as consideration for this Road Use Permit. Payment is due and payable upon signing
of this Permit. This Permit shall be renewable only under mutually agreeable terms and conditions.
3. The attached Exhibit A which shows the new access route and the transmission line
existing route on Owner's property replaces the previous Exhibit A to the Agreement and is incorporated
herein.
4. Except as expressly amended by this Amendment, all other terms and conditions of the
Agreement remains unchanged and the Agreement is hereby affirmed,confirmed,and ratified by the parties
and remains in full force and effect. This Amendment amends and modifies the Agreement. In the event
of any conflict between the Agreement and this Amendment,this Amendment shall control.
4. This Amendment may be executed and delivered by original instruments or telephonic or
electronic mail facsimiles in any number of counterparts,all of which together shall constitute one and the
same Amendment.
IN WITNESS WHEREOF,the parties have executed this Amendment on the dates set forth below.
OWNER: PERMITTEE:
ORM TIMBER OPERATING COMPANY II,LLC LEWIS COUNTY
a Delaware limited liability company
By: Olympic Resource Management LLC
Its Manager
,tev/Hr&ter
Kevin Bates(Sep 13,2021 16:18 PDT)
By
By: Kevin Bates (print): 'ene/seyR/81/xKa'M ,ft c 6610PrPl
Title: Vice President Timberland Investments Title: ��� (/k„� l34GC I
Date: Sep 13, 2021 Date: ills/2oz/
Address: Address:
19950-7th Ave NE, Suite 200 2025 NE Kresky Avenue
Poulsbo,WA 98370 Chehalis,WA 98532
2
Amendment
Rev.4/03/2015
Exhibit A:2021ANE00388 Lewis County, Washington Forest: Chehalis(50)
Road Use Permit
Section 31 -13N04E
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TRS: T12N RO4E SO6/T13N RO4E S31
VA New Access Route ANE Type: Road Use Permit 08/09/2021
Transmission Line Right-of-Way on ORM GIS Acres: 13.7 _�
Timber Operating Company II,LLC Status:Approved Nil Transmission Line and New Access Route Comments: RUP to Lewis County for Rayonier- N
radio relay station access
0 365 730 1,460
ORM Timber Operating Company II,LLC
Ownership r r
Feet
1 inch=794 feet
2021ANE00388
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Sept. 14, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving an amended road use permit to Lewis County from ORM Timber Operating Company IL,
LLC for access to a radio repeater site on Hopkins Hill and authorize signatures thereon
Contact: Martin Roy Phone: 1183
Department: PW - Public Works
Description:
Lewis County has a road use permit with ORM Timber Operating Company IL, LLC to access its
radio communication radio site on Hopkins Hill. Lewis county wishes to extend and amend this
road use permit approved under Resolution 16-220 until August 31, 2026. This resolution approves
the amended road use permit and authorizes the Chair of the Board of County Commissioners to
sign the amended permit.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Josh Metcalf, Tina Hemphill, Tim Fife, Sadie
Rockey, Martin Roy