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res2020-029
CeoM CoG y'�,t 1NG�ot Whatcom County Agenda Bill Master Report File Number: AB2020-254 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 File ID: AB2020-254 Version: 1 Status: Approved File Created: 06/12/2020 Entered by: SBatdorf@co.whatcom.wa.us Department: Parks and Recreation File Type: Resolution Requiring a Public Hearing Department Assigned to: Council Agenda Date: 07/21/2020 Primacy Contact Email: sbatdorf@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 07/21/2020 Enactment #: RES 2020-029 Resolution authorizing Whatcom County to enter into a twenty-year communication lease agreement with PI Tower Development LLC for an existing tower site located at the Lookout Mountain Forest Reserve SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This proposed lease agreement with PI Tower Development LLC includes consideration for both Whatcom and Skagit Counties to utilize the tower via a rate fee structure and will be available for both public safety and commercial purposes. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 07/07/2020 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Elenbaas Nay: 0 Absent: 1 Kershner 07/21/2020 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 712712020 Agenda Bill Master Report Continued (AB2020-254) Attachments: Memorandum, Resolution, Communications Tower Lease Agreement Whatcom County Page 2 Printed on 712712020 1 PROPOSED BY: PARKS & RECREATION 2 INTRODUCTION DATE: 3 4 5 RESOLUTION NO. 2020-029 6 7 8 AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A TWENTY-YEAR 9 COMMUNICATION TOWER LEASE AGREEMENT WITH 10 PI TOWER DEVELOPMENT LLC 11 12 13 WHEREAS, in January 2014, the State of Washington through the 14 Department of Natural Resources conveyed to Whatcom County, land which 15 contained three (3) Commercial Communication Tower Lease sites with existing 16 established towers; and 17 18 WHEREAS, Whatcom County Code 1.10.410 requires Council to determine if 19 a lease may be awarded by private negotiation with interested parties; and 20 21 WHEREAS, the tower lease sites are located on Lookout Mountain and are 22 remote and do not impede or impact public recreation or any other County 23 purpose; and 24 25 WHEREAS, the established communication towers are a substantial 26 company expenditure and commitment and long-term leases are necessary in this 27 industry; and 28 29 WHEREAS, one of the sites is vacant and PI Tower Development LLC has 30 requested to lease the vacant site to erect a new tower; and 31 32 WHEREAS, PI Tower Development LLC has requested a 20-year lease 33 agreement; and 34 35 WHEREAS, the new communication tower lease contains updated lease 36 provisions from the prior leases, including lease rate increases, an annual three (3) 37 % increase, road maintenance fees and five-year rate reviews; and 38 39 WHEREAS, the communication tower lease shall be by private negotiation 40 with the PI Tower Development LLC 41 42 43 44 45 46 47 Page 1 1 NOW, THEREFORE, BE IT RESOLVED that the communication tower lease 2 proposed by Parks & Recreation Department be awarded through private 3 negotiation with interested parties. 4 5 BE IT FURTHER RESOLVED, that the Council approves the proposed tower 6 lease with PI Tower Development LLC. 7 8 X%%6II661116/0 9 gdT,i� st day of J 10 ® ®a I\ c0 ®gy p 12 13 ATT{aS 0 14 �...� a 16 a 17 Dana E3,pwn-©z�d�d ,,C46rk of�tk e Council 18 19 20 21 22 23 APPROVED AS T FORM: 24 25 26 27 Civil Deputy PrUsecutor 28 29 30 31 32 33 34 m y 1 20 20 Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bar y V66anarf,Cbuncil Chair