HomeMy WebLinkAbout4208 Resolution - Burgess 1 Rd 68 Water Developer Reimbursement Agreement with Big Sky LLC RESOLUTION NO. 4208
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING A UTILITY DEVELOPER REIMBURSEMENT
(LATECOMER) AGREEMENT WITH BIG SKY DEVELOPERS, LLC FOR
THE CONSTRUCTION OF UTILITY IMPROVEMENTS FOR BURGESS 1,
ROAD 68 WATER.
WHEREAS,RCW 35.91 and Section 14.25 of the Pasco Municipal Code(PMC)provides
a statutory framework for developers to enter latecomer reimbursement agreements when the
developer,as a condition of development,pays the costs of necessary infrastructure improvements;
and
WHEREAS, section 14.25.030(4) requires the Public Works Director, within 28 days of
receipt of a latecomer's application to provide notice to the developer whether the application is
complete or needs to be supplemented or amended within 30 days of such notice unless extended
within the Public Works Director discretion; and
WHEREAS, the City shall provide notice of its intent to participate in any latecomer
agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the latecomer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice,before Council action; and
WHEREAS, the City Council has determined that the above procedural requirements of
14.25 have been met; and
WHEREAS, utility system improvements include infrastructure projects related to City
water, sewer and storm sewer which are required to be constructed as a prerequisite of continued
development; and.
WHEREAS,utility system latecomer agreements requested by developers shall be entered
into by the City of Pasco pursuant to PMC 14.25.030(3) when the developer has submitted a
complete application for a utility latecomer agreement; and
WHEREAS, utility latecomer agreements shall meet the development criteria as detailed
in PMC 14.25.030(3)(b); and
WHEREAS, Big Sky, LLC, agrees to payment of project costs, including legal and
administrative costs, as set forth in the Latecomer's Agreement, attached as Exhibit A; and
Resolution—Development Reimbursement Agreement- 1
WHEREAS, Big Sky has submitted a complete and accurate application for a utility
latecomer agreement and the agreement as proposed will meet the defined criteria in
14.25.030(3)(b).
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
5ection 1.That the City Manager is authorized to execute the utility latecomer agreement,
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. That this Resolution shall take effect immediately.
Section 3. That the City Manager be authorized to make minor substantive changes to the
utility latecomer agreement as needed.
Adopted by the City Council of the City of Pasco,Washington this 1 St day of August,2022.
Blanche arajas
Mayor
ATTEST: APPROVED AS TO FORM:
� ��
� � _
� �r��_.
Debra Barham CM �Kerr �r uson Law, PLLC
� g
City Clerk City Attorney
Resolution—Development Reimbursement Agreement-2
EXHIBIT A
FILED FOR RECORD AT REQUEST OF:
City of Pasco,Washington
WHEN RECORDED RETURN TO:
City of Pasco,Washington
525 North 3`a Avenue
Pasco,WA 99301
Tax Parcel No. 115110015
Abbreviated Legal Description: S2S2SW4 4-9-29
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT,made and entered into this day of ,
2022, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as "Ciry", and Big Sky Developers, LLC, their
successors and assigns, hereinafter referred to as "Developer"; and
WHEREAS, RCW Chapter 3591 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality's corporate limits or
within ten (10) miles of the municipality's corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer and City have constructed the following described extension of
City's facilities:
A 24" ductile iron water main in the Road 68 R/W beginning at the
existing blow-off in Road 68 on the south side of Burns Road and
extending approximately 710' north, terminating at the northern property
line of Franklin County Parcel No. 115110013.
A. The improvements have been constructed in accordance with plans
and specifications approved by City prior to construction and Developer has
supplied City with reproducible as-built drawings regarding the facilities.
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water- 1
2. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following described parcels of
real property, and any subdivisions of such parcels, that did not contribute to the cost of
the facilities construction, hereinafter referred to in aggregate as the "Assessment Area",
which is determined at the sole discretion of the City, and which are identified and legally
described in Exhibit A, attached hereto and incorporated herein by this reference:
Franklin County Parcel Numbers: 115120036, 115120045, 115150033
3. As the facilities were certified as acceptable to City by the Public Works
Director, or his designee Developer conveyed such facilities to City for the consideration
and benefits of City. City will thereafter own anci operate said facilities as part of City
water system subject to all of the laws and regulations, fees and assessments of City.
4. City and Developer agree that Developer's contributions to the total
project costs is valued at $35,086.65, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
5. City and Developer agree that the City's contributions to the total project
costs is or will be valued at $69,129.50, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
6. City and Developer agree that the Total Assessment that is attributed to the
Assessment Area is $25,900.47. This is the total of all costs related to the project
($104,212.15), less the amount of those costs that are attributed to properties owned or
controlled by Developer as of the date of execution of the Water Extension Agreement
regarding the same facility as described in Section 1 herein. Said costs are otherwise
known as Developer's Benefit, which for this project equal $9,186.18. City and
Developer agree that Developer is entitled to a potential total reimbursement, less any
collection charges deducted by the City, of a maximum of$25,900.47. This amount is
equal to Developer's total contribution to the total project costs ($35,086.65), less
Developer's Benefit($9,186.18).
7. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan approval for the utility
system improvements was required.
8. Execution of this Agreement is conditioned upon:
A. Inspection and approval of the utility system improvements by the
City;
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water-2
B. Conveyance by Developer and acceptance by the City of the utility
system improvements described in Section 1 of this Agreement;
C. Full compliance with the Developer's obligations under this
Agreement and with the City's rules and regulations with respect to
the project described in Section 1;
D. Payment by Developer to the City of the City's fee for processing
of this application, which includes legal, administrative, and recording costs, in
the amount of$X, which includes the legal fees associated with this Agreement in
the amount of$X, $X for the mailing and recording costs for this Agreement, and
100% (the percentage share of Total Assessment collectible by Developer) of the
costs attributed to mailing and recording of assessment Notices to parcels within
the Assessment Area (100% of $X in Notice and accompanying documents
mailing and recording fees = $X);
F. City verification and approval of all contracts and costs related to
the utility system improvements; and
G. Within one hundred and twenty (120) days of the completion of
the utility system improvements, Developer must submit the total actual cost of
the utility system improvements to the Ciry.
9. For a period of twenty (20) years from the effective date of this
Agreement, any person, firm or corporation now or hereafter owning benefitted
properties described below, or segregated parcels thereof, desiring to connect to the
described facilities, shall first pay their pro-rata share of the total cost of the facilities
("Total Assessment"). For this project, the Total Assessment is $25,900.47, as stated in
Paragraph 6. The individual Assessment associated with each parcel of benefited
property described in this Agreement, shall be charged to the property owner as follows:
Parcel number 115120036: $5,309.20
Parcel number 1 1 5 1 20045: $5,309.20
Parcel number 115150033: $15,282.07
10. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time prescribed in
Paragraph 9 above without first paying to City, in addition to any and all other costs,
assessments and charges made and assessed for such tap or use, the amount required by
the provisions of this contract.
11. The City shall deduct from all assessment reimbursement payments it
collects, an amount (collection charge) as designated in Pasco Municipal Code ("PMC")
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water-3
3.35.180 to cover its administrative collection costs. After deduction of the collection
charge, each reimbursement assessment payment will be disbursed to the Developer
according to the terms of this Agreement. Any amounts so collected during the time
period in Paragraph 9 above by City and due to Developer, shall be remitted to Developer
or assigns within sixty (60) days of the receipt thereof, in accordance with this
Agreement.
12. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property owner
challenging the validity or enforceability of this Agreement. In turn, the City agrees to
cooperate with the Developer in the course of any such claim, proceeding or action to
provide reasonable and lawful access to City records and witnesses.
13. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following address:
Address: David Greeno
Big Sky Developers,LLC
12406 Eagle Reach Ct
Pasco, WA 99301
E-MaiL• ccolre'cr-�;aol.com
14. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this Agreement was
executed, information regarding the current contact name, address, and telephone number
of the person, company or partnership that originally entered into the Agreement. If the
Developer fails to comply with the notification requirements within sixty(60) days of the
specified time, then Ciry may collect any reimbursement funds owed to the Developer
under this Ageement, and such funds shall be deposited into the capital expenditure
account of the City's utility fund.
15. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City, any work is found to be defective, Developer shall
promptly and without cost to City, either correct such defective work or, if it has been
rejected by City, remove and replace it with non-defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the defective work
corrected or the rejected work removed and replaced and all direct and indirect costs of
such removal and replacement, including compensation for professional services, shall be
withheld from the reimbursement assessment payments that are due to Developer.
16. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum of $25,900.47 as specified in Paragraph 6 of this
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water-4
Agreement and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
17. Developer hereunder is an independent contractor and is not an agent or
employee of City.
18. In the event of a dispute between the parties regarding the interpretation,
breach or enforcement of this Agreement, the parties shall first meet in a good faith effort
to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the
Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial
upon de novo review, with the substantially prevailing party being awarded its reasonable
attorney fees and costs against the other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCO: DEVELOPER:
By: By:
Dave Zabell, City Manager David Greeno, Managing Member
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC
City Attorney
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water-5
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me DAVE ZABELL, City Manager of the
City of Pasco, Washington, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this_day of , 20_.
Notary Public in and for the State of Washington
Print Name:
Residing at
My Commission Expires:
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me DAVID GREENO, Managing
Member of Big Sky Developers, LLC, a Washington Limited Liability Company,
described in and who executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this_day of , 20_.
NOTARY PUBLIC in and for the State of Washington
Print Name:
Residing at:
My Commission Expires:
Developer Reimbursement Agreement
Burgess 1 Rd 68 Water- 6