HomeMy WebLinkAbout4213 Resolution - Capital Ave Lift Station for Genesis Business Park Developer Reimbursement Agreement with Miller Trust RESOLUTION NO.4213
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING A UTILITY DEVELOPER REIMBURSEMENT
(LATECOMER) AGREEMENT WITH MILLER LIVING TRUST FOR THE
CONSTRUCTION OF UTILITY IMPROVEMENTS FOR CAPITAL AVENUE
LIFT STATION FOR GENESIS BUSINESS PARK.
WHEREAS,RCW 35.91 and Section 14.25 of the Pasco Municipal Code(PMC)provide
the statutory framework for developers to enter into latecomer reimbursement agreements with the
City 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, Miller Living Trust agrees to payment of project costs, including legal and
administrative costs,as set forth in Paragraph 8 of the Latecomer's Agreement,attached as Exhibit
A; and
Resolution—Development Reimbursement Agreement- 1
WHEREAS, Miller Living Trust 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:
Section 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.
�. -- ---
Blan e arajas
Mayor
ATTEST: APPROVED AS TO FORM:
�
G. ��� �_ --
Debra Barham, CMC Kerr F�r`g�s Law, PLLC
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
CITY OF PASCO
DEVELOPMENT REIIVIBURSEMENT 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 "City", and the Miller Living Trust, their
successors, and assigns, hereinafter referred to as "Developers"; and
WHEREAS, RCW Chapter 35.91 authorizes contracts between City and the
owners or developers of real estate within City, or within 10 miles of City limits, who
construct utility facilities to serve their own properties and other properties, whereby such
owners or developers 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 the facilities previously constructed.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developers and City have constructed or will construct the following
described extension of City's facilities:
A sewer system lift station to be built on parcel number 113220071. The
sewer system lift station design shall include pipe, pumps, manholes, and all
appurtenances, including above ground pad, fencing, and landscaping.
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station- 1
A. The improvements have been or will be constructed in accordance
with plans and specifications approved by City prior to construction and
Developers have supplied City with reproducible as-built drawings regarding the
facilities.
B. Developers shall deed to City any and all easements pertaining to
the facilities, said easements to be recorded concurrently with the final acceptance
of this Agreement.
2. The facilities to be constructed will serve the following described parcels
of real property that did not contribute to the cost of the facilities construction, hereinafter
referred to 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.
Parcel Nos. 113130432, 113130441, 113130450, 113130148, 113130166,
113130175, 113130184, 113130193, 113130157, 113130465, 113130501,
113130474, 113130483, 113130068, 113231011, 113234027, 113130512,
113130523.
3. If the facilities are certified as acceptable to City by the Public Works
Director, or his designee, Developers will convey such facilities and the easements or
lands wherein they lie to City for the monetary consideration provided herein and the
benefits of City services and of this Agreement. City will thereafter own and 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 Developers agree that the Developers' contributions to the total
project costs is or will be $321,247.47, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal, and other costs attributable to
the project.
5. City and Developers agree that the City's contributions to the total project
costs is or will be $308,649.53, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal, and other costs attributable to
the project.
6. Ciry and Developers agree that the Total Assessment that is attributed to
the Assessment Area is $470,092.13. This is the total of all costs related to the project,
less the amount of those costs that are attributed to Developers' owned properties. City
and Developers agree that Developer is entitled to a total reimbursement, less any
collection charges deducted by the City, of a maximum of $239,746.99. City and
Developers agree that City shall be entitled to a total reimbursement of$230,345.14.
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station-2
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 shall be required.
8. Execution of this latecomer agreement must be further conditioned upon:
A. Inspection and approval of the utility system improvements by the
City;
B. Full compliance with the Developers' obligations under the
Agreement and with the City's rules and regulations;
C. Provision of sufficient security to the City to ensure completion of
the utility system improvements and other performance under the Agreement;
D. Payment by Developers to the City of all the City s costs
associated with the utility system improvements including, but not limited to,
engineering, legal, and administrative costs, that are over and above the agreed
contributions of the City of$308,649.53 to the total project costs. Developer must
also pay 51% of the City's total expenses incurred for processing and execution of
this Agreement, which includes legal, administrative, and recording costs, totaling
$3,300. Developer must pay $1,683 (51% of$3,300)prior to the execution of this
Agreement;
,
E. Verification and approval of all Agreements and costs related to
the utility system improvements; and
F. Within one hundred and twenty (120) days of the completion of
the utility system improvements, the Developers must submit the total cost of the
utility system improvements to the City.
9. For a period of twenty (20) years from the date thereof, any person, firm
or corporation now or hereafter owning benefitted properties described below, desiring to
connect to the described facilities shall pay their pro-rata share of the total cost of said
facilities ("Total Assessment"). For this project, the Total Assessment is $470,092.13, 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 113130432: $1,410.28
Parcel number 113130441: $1,410.28
Parcel number 113130450: $104,830.54
Parcel number 113130148: $7,051.38
Parcel number 113130166: $6,581.29
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station-3
Parcel number 113130175: $7,051.38
Parcel number 113130184: $6,581.29
Parcel number 113130193: $11,282.21
Parcel number 113130157: $7,991.57
Parcel number 113130465: $14,102.76
Parcel number 113130501: $24,444.79
Parcel number 113130474: $13,162.58
Parcel number 113130483: $7,051.38
Parcel number 113130068: $221,413.39
Parcel number 113231011: $5,641.11
Parcel number 113234027: $5,171.01
Parcel number 113130512: $13,632.67
Parcel number 113130523: $10,812.12
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")
3.35.180 to cover its administrative collection costs. After deduction of the collection
charge, the reimbursement assessment payment will be disbursed to the Developer or
retained by the Ciry, according to the terms of this Agreement. Any amounts so received
during this time period by City and due to Developer, shall be remitted to Developers or
assigns within sixty (60) days of the receipt thereof, in accordance with this Agreement.
The City shall defer its portion of all assessment reimbursement payments collected for
the first ten (10) years, or until Developer has received a maximum of $239,746.99, as
calculated from the total of assessment reimbursement payments collected prior to the
deduction of the City's collection charges. If ten (10) years post-construction is reached
and Developer has not yet been reimbursed according to this paragraph, the City and
Developer shall then share in the remaining assessment reimbursement payments
collected according to their pro rata contributions to the project (51%/49%), up until
Develope� is fully reimbursed according to this paragraph. After such time, City shall
then retain 100%of all amounts collected under this Agreement.
12. Whenever any tap or connection is made into the described facilities,
without such payment having first been made, the City may remove, or cause to be
removed, such unauthorized tap or connection and all connecting tile or pipe located in
the facilities right of way and dispose of unauthorized material so removed without any
liability whatsoever.
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station-4
13. Any funds collected by City and payable to Developers in accordance with
the terms of this contract shall be remitted to Developers at the following address:
Address: 585 Dogwood Road
Pasco, WA 99301-8614
Email: paulandleah@gmail.com
14. In accordance with Pasco Municipal Code Section 14.12.60B, Developers
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 City may collect any reimbursement funds owed to the Developer
under this Agreement.
15. If prior to the expiration of one (1) year after the completion of the
construction of the facilities, whichever occurs later, any work is found to be defective,
Developers shall promptly and without cost to City, either correct such defective work or,
if it has been rejected by Ciry, remove and replace it with non-defective work. If
Developers do not promptly comply with the terms of such instructions, City may have
the defective wark 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
Developers.
16. Developers agree that once the City has collected and remitted all amounts
to Developers under this Agreement according to Paragraph 11, that City shall remit to
Developer no further payments under this contract.
17. Developers hereunder are an independent contractor and are not an agent
or employee of Ciry.
18. Developers agree to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any latecomer challenging the
validity or enforceability of this Agreement. In turn, the City agrees to cooperate with the
Developers in the course of any such claim, proceeding or action to provide reasonable
and lawful access to City records and witnesses.
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station-5
CITY OF PASCO, WA
David Zabell, City Manager
MILLER FAMILY LIVING TRUST
Paul Miller, Trustee
MILLER FAMILY LIVING TRUST
Leah Miller, Trustee
STATE OF WASHINGTON )
. ss.
County of Franklin )
On this day personally appeared before me DAVE ZABELL, City Manager of the
City of Pasco, Washington, to be known to be the individual 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 , 2022.
Development Reimbursement Agreement
Far Miller Trust-Sewer Lift Station-6
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
. ss.
County of Franklin )
On this day personally appeared before me PAUL MILLER, to me known to be a
Trustee of the Miller Family Living Trust, that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act of and deed of said
limited liability company, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument and that the seal affixed is the
corporate seal of said corporation.
GIVEN under my hand and official seal this day of , 2022.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
. ss.
County of Franklin )
On this day personally appeared before me LEAH MILLER, to me known to be a
Trustee of the Miller Family Living Trust, that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act of and deed of said
limited liability company, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument and that the seal affixed is the
corporate seal of said corporation.
GIVEN under my hand and official seal this day of , 2022.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Development Reimbursement Agreement
For Miller Trust-Sewer Lift Station-7