2026-003594 Klamath County, Oregon WL 00355 0260003594007007 04/23/2026 04:28:49 PM Fee: $0.00 FIRST AMENDMENT TO THE RESTATED DECLARATION OF SANITARY SEWERAGE PUMP STATION MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO THE RESTATED DECLARATION OF SANITARY SEWERAGE PUMP STATION MAINTENANCE AGREEMENT is made by KLAMATH COUNTY, a political subdivision of the State of Oregon; ALPEN Properties, LLC, an Oregon limited liability company; THOMAS H. GASTALDI and LU R. GASTALDI, Trustees of the THOMAS H. AND LU R. GASTALDI TRUST; BACCHUS INVESTORS LLC, an Oregon liability company; LGH Il LLC, an Oregon liability company; and WILSONART LLC, a Delaware limited liability company. WHEREAS on August 26, 2004 MELVIN STEWART and BENJAMIN J. MENOLD formed a partnership known as WESGO for the operation and maintenance of a sanitary sewerage pumping station. said partnership was memorialized by a Sanitary Sewerage Pump Station Maintenance Agreement executed on August 26, 2004 and recorded in Volume MO04, Pages 59426-27 of the Official Records of Klamath County Oregon, attached hereto as Exhibit A. The current parties to the Sanitary Sewerage Pump Station Maintenance Agreement desire to amend said agreement which will delegate and assign the powers to own, maintain and administer the lift station; and to collect and disburse the assessments and charges hereinafter created. WHEREAS ¢ach owner of a lot within Tract 1357, according to the official plat on file in the office of the County Clerk of Klamath County, Oregon; KLAMATH COUNTY is the owner of Lot 1; ALPEN Properties LLC. is the owner of Lot 2; Thomas H. Gastaldi and Lu R. Gastaldi, Trustees of the THOMAS H. AND LU R. GASTALDI TRUST ar¢ owners of Lot 3; and BACCHUS INVESTORS LLC, an Oregon liability company and LGH 1l LLC, an Oregon liability company are each an owner of a 50% undivided interest, as tenants in common, of Lot 4. WHEREAS, a Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement was recorded on April 21, 2025 in the Official Records of Klamath County Oregon as Document No. 1014-0029636, affecting lot 1357, according to the official plat on file in the Office of the County Clerk of Klamath County Oregon. WHEREAS, all of the owner’s desire to rescind the above referenced Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement recorded April 21, 2025, and replace it with this First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement, WHEREAS, all of the owners agree to allow WILSONART LLC, a Delaware limited liability company, owner of tax lot 3909-01600-00900 to connect and utilize the pumnp station for a one-time connection fee of $17,500.00, NOW, THEREFORE: e The Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement recorded on April 21, 2025 are hereby rescinded. 1 i Payw First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement e All six owners referenced above agree that terms cited in original Sanitary Sewerage Pump Station Maintenance Agreement dated August 26, 2004 are unchanged and still in effect. e WILSONART LLC, a Delaware limited liability company registered to do business in Oregon, owner of property commonly known as 5959 Wesgo Drive, Klamath Falls, OR is added as a member of the Sanitary Sewerage Pump Station Agreement for a one-time connection fee of $17,500.00. e Connection fee will be deposited and tracked in a separate account by the County and shall not be comingled with any other County funds. o All six owners referenced above declare that they will meet to memorialize details of future costs, allocation of costs associated with operation, maintenance, repair and replacement of said sanitary sewerage pump station. o Attorney Fees: In the event suit or action is instituted to enforce any of the terms of this Contract, each party shall be responsible for its own attorney fees, costs and related expenses. Date:___04/21/26 KLAMATH COUTNY, OREGON, a Political subdivision of the State of Oregon. Owner of Lot 1 By: __ Derrick DeGroot Title:_Vice Chair Date: ALPEN PROPERTIES, LLC, an Oregon limited liability company. Owners of Lot 2 By: Craig S. Volpe, Member By: Donna Volpe, Member Date: g~ [~ Ab ; - By: Thomas H. Gastaldi, Trustee of the Thomas H. and Lu R. Gastaldi Trust. Co-Owner of lot 3 lu K. qastcdda By: Lu R. Gastaldi, Trustee of the Thomas H. and Lu R. Gastaldi Trust, Co-Owner of lot 3 2{Page First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement Date: Date: Date: All six owners referenced above agree that terms cited in original Sanitary Sewerage Pump Station Maintenance Agreement dated August 26, 2004 are unchanged and still in effect. WILSONART LLC, a Delaware limited liability company registered to do business in Oregon, owner of property commonly known as 5959 Wesgo Drive, Klamath Falls, OR is added as a member of the Sanitary Sewerage Pump Station Agreement for a one-time connection fee of $17,500.00. Connection fee will be deposited and tracked in a separate account by the County and shall not be comingled with any other County funds. All six owners referenced above declare that they will meet to memorialize details of future costs, allocation of costs associated with operation, maintenance, repair and replacement of said sanitary sewerage pump station. Attommey Fees: In the event suit or action is instituted to enforce any of the terms of this Contract, each party shall be responsible for its own attorney fees, costs and related expenses. KLAMATH COUTNY, OREGON, a Political subdivision of the State of Oregon. Owner of Lot 1 By: Title: ALPEN PROPERTIES, LLC, an Oregon limited liability company. Owners of Lot 2 = A, W@Mw bey By: Craig §. Volpe, Member” Conn il ) b Ml By: Donna Volpe, Membet By: Thomas H. Gastaldi, Trustee of the Thomas H. and Lu R. Gastaldi Trust. Co-Owner of lot 3’ By: Lu R. Gastaldi, Trustee of the Thomas H. and Lu R. Gastaldi Trust. Co-Owner of lot 3 2{Puage First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement Docusign Envelope ID: 93FA6433-CAFD-462A-BB29-0DAG3E3COF0A BACCHUS INVESTORS, LLC, an Oregon limited liability company. Co-Owners of lot 4 Todd Callins By: Todd Collins, Member Polli (alling Date: 4/9/2026 Date: Date: 2/12/2026 By: Polli Collins, Member LGH II, LLC, an Oregon limited liability company Co-Owners of lot 4 By: Joseph Kappler, Member By: Anne Kappler, Member WILSONART, Delaware limited liability company registered to do business in Oregon. Owner of lot 5 A . T2 >— By: Rebecca Mendez Title: Plant Manager 3|Page First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement Docusign Envelope ID: 891CB9E4-1A01-43D1-BDOF-D1787E7B16A9 Date: Date: 2/11/2026 Date: BACCHUS INVESTORS, LLC, an Oregon limited liability company. Co-Owners of lot 4 By: Todd Collins, Member By: Polli Collins, Member LGH II, LLC, an Oregon limited liability company CO-OWn &?u&}t«e?' by: i Jou agfler By: Joseph Kappler, Member By: Annc-iappterstember WILSONART, Delaware limited liability company registered to do business in Oregon. Owner of lot 5 By: Title: 3|Page First Amendment to the Restated Declaration of Sanitary Sewerage Pump Station Maintenance Agreement ."Menold (hereinafter “WESGO”) and Klamath County. the State of Oregon (hersinafter. “Klamath Count [ITARY SEWERAGE TION made by WESGO, a partnexship congisting of Malm ‘ RECITALS: ;Bii8re :the record owners of the following described ‘real’ ‘gqunty, State of Oregon, to-wit: and "4 . of Tract 1357, according to the official plat . file .in the office of the County Clerk of -Klamath. . Ty sewerage pumping station is located in the Northwest - of:Tract 1357 upon a sanitary sswersge easement, which . the ‘Lots in Tract 1357. It is the intent of the parties 3aid ‘Lots shall have equal rights to use of the sanitary station and that the owners of each said Lot sball pay ‘equally.: f¥ operation and maintenance of the sanitary sewerage “pumping AGREBMENT }goéq;-zhereby grant, sell and convey to the current or ‘futura Lot -an undivided one fourth ownership in the above deséribed - verage Pumping station which ownership is to run with the land of o eurrent or future owners of each Lot, their heirs, grantees and 111 be xesponsible for one fourth of tha costs of operation, - ce,:xepair and replacement of the pump, pipes, and other equipment e 3. ewerage pumping station, ST 7. iéiénf for the repair or replacement of the sanitary aeuiera:ge ' .onighall be made by any two of the current or future owners of The.cost ‘of repair of xeplacement shall be born equally by the In. the event any current or future owner of a Lot neglects or ay. ‘their proportionate share of the costs of operation, epair ‘and replacement of the sanitary sewerage pumping station ys of ‘demand by any of the other Lot owners, such account shall . torinterest at the rate of 12% per annum and subject to all costs on:dncluding, but not'limited to, court costs and attorney fees, the Courts, including Appellate ithe prevailing party in such a sult, ; ias it ‘may adjudge reasomabls for sald -disburg - = State of Orsgon, County Recordad 00/03/04 3! Linda Smith, County Clerk - Fee$?hm__#o?’gs‘- St - T 99427 ent ghall bind and inure to each of said parcels of itithereto and run therewith. REOF, the parties have éxecuted this Agreewent as of the hexrein written, : } 88, August 75 . 2004, Pergonally appeared the above-named Melvin L. Stewart, and acknowledged ng instrument to be his voluntary act and deed. Before me; N0, 355504 ¢ for ¢regon SEPT. 20, My Commission expites: Q'woc’ 838, ‘August 15:‘““, 2004, sonally —appeared the above-named Benjamin . J. Menold, and dthe foregoing instrument to be his voluntary act and deed. C Y/, ornisa - QA&‘;* 16, 200% g8. August Z(o . 2004. Thissinstrument was acknowledged before me by John Elliott as Chairman rs. B T S R Y-S ry ¢ for Oregon ! My Commission expires: (%&7 o7