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HomeMy WebLinkAboutSeattle Shellfish MC Contract#20-088 2136143 MASON CO IAA 08/04/2020 03:58 PM AMEND l Filed at the Request of I Iilllll il�lll III IIII IIIIIII IIIII IIII I II IIIII IIIII IIIII I III.IIII IIIII IIIII IIII IIII es: 3 _ and to be Returned to: Seattle Shellfish,LLC AFFIDAVIT 2101 4"'Ave E STE 201 No...................... ............. ' Olympia,WA 98506 WA R.E. EXCISE TAX AUG 0 4 2020 EXEMPT LISA FRAZIER Treas., Mason.County TIDELANDS LEASE AGREEMENT AMENDMENT NO. 2_ Grantor(Lessor) MASON COUNTY, WASHINGTON Grantee SEATTLE SHELLFISH LLC, a Washington limited liability (Lessee) company Legal Description Additional Legal on Page 1. (Abbreviated) Assessor's Tax 22001-44-60570 Parcel ED No. Reference Nos. of AF#2028115 Related Documents THIS AMENDED TIDELANDS LEASE AGRgMENT ("Lease"), is made and entered into this �1— day of wi 20IA, by and between Mason County, Washington, ("Mason County" or"Lessor") and Seattle Shellfish LLC, a Washington limited liability company("Seattle Shellfish" or"Lessee"). RECITALS A. Mason County owns tidelands adjacent to Harstine Island, which are generally described as Mason County Assessor Tax Parcel No. 22001-44-60570 and that are excess to of the needs of Mason County; B. Mason County requested and received proposals for the tidelands and held a public hearing and approved a proposed lease with Lessee; C. The Board of County Commissioners of Mason County adopted Resolution 68-13 on December 10, 2013, approving a lease agreement with Lessee for the purpose of cultivating and harvesting geoduck clams on the tidelands known as Tax Parcel No. 22001- 44-60570. A copy of Resolution No. 68-13 is attached hereto as Exhibit A; and Pagel AMENDED LEASE AGREEMENT WITH SEATTLE SHELLFISH D. In 2017, the Lessee requested the Agreement be amended to include shellfish. A copy of Resolution No. 79-17 is attached hereto as Exhibit B; and; E. Lessee has agreed it will pay a fixed amount per acre for cultivated tidelands and a superseding rent based on a percent of the gross sales received from the sale of shellfish harvested from the tidelands known as Tax Parcel No. 22001-44-60570; and; F. Lessee has requested the lease agreement be modified to reduce the amount of Percentage Rent the County receives from 15%to 14.17% of the gross sales price received for sale of the harvested geoduck clams; and G. Lessor has requested the lease agreement be modified to include leasehold excise tax. Lessee agrees to pay to the Lessor any leasehold excise tax due at the time of payment of rent to the County as required by RCW 82.29A. H. All other terms and conditions remain in effect as per the original contract and the first amendment thereof. IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first above written. GRANTOR/LESSOR: GRANTEE/LESSEE: MASON COUNTY SE TLE SHELLFISH LLC B y: �)f41� By: :1/� s Rirt3; Chairperson es L. Gibbons,Manager By: Pac1rdy McGuire,Mason County Auditor A S [tV-- C42&of the Board �came APPROVED AS AS TO FORM: Tim Whitehead,Deputy Prosecuting Attorney Page 12 AMENDED LEASE AGREEMENT WITH SEATTLE SHELLFISH STATE OF WASHINGTON ) ) :ss COUNTY MASON ) On this day personally appeared before me ' ���� `' PG�lY to me known to be the COrnm;Akw)&UWof Mason County, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. SUSAN K BLANKENSHIP Print Name: _ ' Notary Public NOTARY PUBLIC in and for the State f WA, State of Washington residing at _Mo r4Gi My Commission Expires Commission expires: Z %©, o September 10, 2021 STATE OF WASHINGTON ) ) :ss COUNTY OF THURSTON ) On this day personally appeared before me James L. Gibbons, to me known to be the Manager of Seattle Shellfish LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. XV Cyw Print Name: o ��''L •.�y•Ear yS C'• NOTARY PUBLIC in and for the State o A, ® s a residing at Obi C� Commission expires: , ,�y��May26 tiry�C9 "Psalsa sit Page 13 Mason County Auditor P.O. Box 400 411 N 5th Street Shelton,VVA 98584 Receipt:142676 Product Name Extended AMEND Amendment $105.50 #Pages 3 Document# 2136143 Paid By: SEATTLESHELLFISH Employment'Security Document? false NonStandard? false Total $105.50 Tender(On Account(Charge or Prepay)) $105.50 Account# MCCOMM Account NameMASON COUNTY COMMISSIONERS Balance $105.50 Initials jmr Thank You Tue Aug 0413:58:12 PDT 2020 jrose RESOLUTION NO. hl�4 A DECLARATION OF INTENT TO LEASE COUNTY OWNED TIDELANDS WHEREAS, Mason County owns tideland adjacent to Harstine Island, parcel#22001-44- 60.570; and WHEREAS,this parcel is 19.14 acres and is not currently being leased or utilized;and WHEREAS,.Mason County has completed an Request for Proposal.process to examine the possible benefits of leasing the tideland parcel; and WHEREAS; mason County has received three responsive proposals from the RFP process;and WHEREAS, Mason County has conducted a review process of the RFP':s that were submitted, including review by Mason County Staff and citizen.volunteers; and WHEREAS, the Mason County. Board of Commissioners, on November 26, 2013, scheduled a public hearing on December 10, 2013.at 9:30 to consider the RFP proposals., NOW,THEREFORE, BE,IT FURTHER RESOLVED by the Mason County Board of County Commissioners the County will enter into a lease agreement with Seattle Shellfish for the lease of the County owned tidelands, parcel#22001-44-60570 for a minimum duration of 1:6 years and,a renewal clause to be determined by negotiation with Mason.County receiving $1,000 per year for each acre actively being farmed by the lessee plus 15% of gross proceeds realized by Seattle Shellfish upon each harvest.; and BE IT FURTHER RESOLVED., that the proceeds of the sale of said property are to:be. dedicated first to any expenses incurred by Parks, Facilities,and Property to create and administer the lease and finally to County Government as the Board of County Commissioners desire; and BE IT FURTHER RESOLVED, that the chairperson of the Commission is authorized to sign the lease agreement with the lessee. DATED.this ID day of_ , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON W1 AA Mindy Brock, Clerk.of a Board Randy eathedin; Chair APPROVED AS TO FORM: `—` ' Tim Sheldon, Commissioner Tim Whitehe .eputy Prosecuting Attorney A Terri ieffreys,tbffi fissioner Assessor;Auditor;Treasurer;Property Manager RESOLUTION NO. 3 9 - 1 AMENDING RESOLUTION 68-13, LEASE OF COUNTY OWNED TIDELANDS WHEREAS, Mason County owns tideland adjacent to Harstine Island, parcel#22001-44 60570; and WHEREAS,this parcel is 19.14 acres and the County entered into lease agreement with Seattle Shellfish, LLC on April 1,2014; WHEREAS,Seattle Shellfish has requested the lease agreement:be modified to include shellfish rather than geoduck clams only; NOW,THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners the County will amend the lease agreement with Seattle Shellfish for the lease of the County owned tidelands, parcel#22001-44-60570 for a minimum duration of 16 years and a renewal clause to be.determined by negotiation with Mason County receiving$1,000 per year for each acre actively being farmed by the lessee plus 15%of gross proceeds realized by Seattle Shellfish upon each harvest of geoduck clams and other shellfish species will be paid by percentage at the time of sale in lieu of an annual fee; and BE IT FURTHER RESOLVED,that the proceeds from this lease are to be dedicated first to any expenses incurred by Mason County Current Expense to create and administer the lease and finally to County Government as the Board of County Commissioners desire; and BE IT FURTHER RESOLVED,that the chairperson of the Commission is authorized to sign the amended lease agreement with the lessee. DATED this day of December, 2017. BOARD OF CgYNTY COMMISSIONERS ATTEST: MASON CO WASHINGTON Mel ISs ewry, Cler of the Board I<evih Shu fir, Chair APP E-D-AS TO FORM: Randy Neatfierlih, Commissioner Tim White ead Chief Deputy Prosecuting Attomey Terri M. Drexl6r, Commissioner