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Approve lease to Lewis County by Pope Resources for use of Storm King Mountain, Telecommunications Site BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-133 APPROVING LEASE TO LEWIS COUNTY BY POPE RESOURCES FOR USE OF STORM KING MOUNTAIN FOR A TELECOMMUNICATIONS SITE, AND AUTHORIZING SIGNATURES THEREON. WHEREAS, the Board of County Commissioners has reviewed a proposed lease to Lewis County, Washington, by Pope Resources, for use of Storm King Mountain for a telecommunications site in Lewis County, Washington, for and in consideration of $2,700 per year rental; and WHEREAS, said lease shall be for a period of five (5) years; and WHEREAS, it appears to be in the best public interest to authorize the execution of said lease for Lewis County. NOW THEREFORE BE IT RESOLVED that the aforesaid lease is hereby approved, and the Chairman of the Board of County Commissioners is authorized to sign said lease for Lewis County, Washington. DONE IN OPEN SESSION this 20th day of April, 2020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: �Tt' �oA o of?s,;,�•, Edna J . Fund >•.Edna J. Fund, Vice Chair �S ,. p r J. n tO 2,'�: Rieva Lester Robert C . Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners • DocuSign Envelope ID:E48628C4-1 E25-4908-9D92-CEDF6E9FF521 AMENDMENT NO.3 TO SITE LEASE AGREEMENT NO.CH05142 ORM No.11000120377A3 THIS AMENDMENT NO. 3 to Site Lease Agreement No. CH05142 ("Agreement"), is made and entered into as of the 9th day of April,2020 by and between POPE RESOURCES,a Delaware limited partnership (the"Lessor")and LEWIS COUNTY("Lessee"). WHEREAS, Lessor and Lessee have entered into that certain Site Lease Agreement No. CH05142 dated May 17, 2005, as amended by Lease Revision #CH05142.R01 CO dated April 8, 2010 and Amendment No. 2 dated April 30,2015 (hereafter collectively referenced as"Agreement") in which Lessee agreed to lease from Lessor approximately 200 square feet of land for a radio repeater station on Lessor property located in Section 3, Township 13 North, Range 5, East, W.M., Lewis County, State of Washington and access for ingress and egress to the radio repeater station;and WHEREAS, Lessor and Lessee wish to amend the Agreement to establish the new annual rental amount for the Third Renewal Term; 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. Lessor and Lessee hereby amend Paragraph (5) of the Agreement to add the following paragraph: Annual Rent during the Third Renewal Term commencing April 16, 2020 and ending on April 15,2025 shall be Two Thousand Seven Hundred and N of 100 Dollars($2,700.00). 3. 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. 1 Amendment Rev.213,2020 DocuSign Envelope ID:E48628C4-1E25.4908-9D92-CEDF6E9FF521 IN WITNESS WHEREOF, the parties have executed this Amendment on the dates set forth below. LESSOR: LESSEE: POPE RESOURCES LEWIS COUNTY a Delaware limited partnership By: Pope MGP,Inc. t 7 G�� � Its Managing General Partner � CDocuSigned by: C�{' SY►t�dlYwv�ln. CE24e96A2o g4Dc... By: Thomas M.Ringo By Scott Smitherman (print): 5 IV- ,- Title: President and CEO Title: Administrator C—La. k, Czt4,A-b o&tt o(---(,at 4444 ,ss,oKtis Lewis County 911 Communications Date: Date: Apri 1 10, 2020 f- ` 21, 2 2 Address: Address: 19950-7th Ave NE,Suite 200 P O. Box 35 Poulsbo,WA 98370 Chehalis,WA 98321 2 Amendment Rev.2/13/2020 BOCC AGENDA ITEM SUMMARY Resolution: 20-133 BOCC Meeting Date: April 20, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approving Lease to Lewis County by Pope Resources for use of Storm King Mountain for a Telecommunications Site, and authorizing signatures thereon. Contact: Scott Smitherman Phone: 360-740-3394 Department: COMM - 911 Description: Approving Lease to Lewis County by Pope Resources for use of Storm King Mountain for a Telecommunications Site, and authorizing signatures thereon. Approvals: Publication Requirements: Publications: User Status PA's Office Approved Additional Copies: Cover Letter To: Scott Smitherman, Kelly Sneed Pope Resources, 19950 - 7th Ave NE, Suite 200, Poulsbo, WA 98370