HomeMy WebLinkAbout2023.08.28 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, August 28, 2023
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council
Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum
Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive
and on the City’s Facebook page at www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (415) 655-0060 and use access code
307-404-066.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
3 - 11 (a) Ordinance - Amending Pasco Municipal Code Section 25.180.050
Related to Corner Lot Fencing (CA2021-009)
12 - 41 (b) Ordinance - Ziply Fiber Franchise Agreement
42 - 53 (c) Resolution - Interlocal Agreement with Pasco School District for
Joint Use of Facilities
54 - 62 (d) American Rescue Plan Act Updates
63 - 101 (e) Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust
Devils) Lease Renewal at GESA Stadium
6. MISCELLANEOUS COUNCIL DISCUSSION
Page 1 of 103
7. CLOSED SESSION
(a) Discussion of Collective Bargaining Unit Negotiations per RCW
42.30.140(4)(a) (10 minutes)
8. EXECUTIVE SESSION
9. ADJOURNMENT
10. ADDITIONAL NOTES
102 - 103 (a) Adopted 2020-2021 Council Goals (Reference Only)
(b) REMINDERS
• Monday, August 28, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 2 of 103
AGENDA REPORT
FOR: City Council August 17, 2022
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 8/28/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Ordinance - Amending Pasco Municipal Code Section 25.180.050
Related to Corner Lot Fencing (CA2021-009)
I. REFERENCE(S):
Draft Ordinance
Exhibit A - Site Plan Fence Regulations
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A proposal to amend the Pasco Municipal Code's (PMC) regulations for fences
for residential development has been prepared by City staff. The proposal
follows several discussions and presentations with the Pasco Planning
Commission and City Council. The urgency associated with the proposal arises
from the current strict interpretation and application of the existing regulations.
The PMC stipulates that fencing within front yard areas may not exceed 6’ in
height. When the fencing is proposed within the flanking street front yard area
on corner lots the following applies:
1. When two contiguous corner lots, or two corner lots separated only by an
alley right-of-way, form the entire frontage between parallel or nearly
parallel streets, walls and hedges shall be limited to six feet within the
front yard adjacent to the side street.
2. When then the front door of the adjacent home faces the side street all
fences greater than 3.5’ in height must be set back to the building line of
the dwelling.
Page 3 of 103
Fences taller than 3.5' are allowed only if situation #1 requirements are met.
Some lots fall under situation #2, limiting how far 6' fences can extend towards
the frontage property line. The result has led to some properties not being
afforded the same type of allowances as others, particularly, shorter fences,
which has caused concerns for privacy and safety.
While the PMC dictates the criteria for development, it also provides applicants
with a variance process. The PMC Section 25.195.020 outlines both the process
and criteria for variances. The variance process is open to any applicant,
provided that any variance granted shall ensure that the adjustment (variance)
does not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and zoning in which the subject property is
situated. Applications with variances are available online (https://www.pasco-
wa.gov/455/Hearing-ExaminerVariance) and available at the Permit Counter at
Pasco City Hall.
A search of ordinances indicated that the current fence regulations have been in
place since at least 1970.
V. DISCUSSION:
City staff have drafted an amendment to the current fence regulations that would
aim for more flexibility in the location and height of a fence for existing homes
and new developments. The proposal is summarized below, and attached to the
staff report.
The proposal would eliminate the requirement for a fence to be determined by
the building line of a neighboring property. This removal of this requirement
would address many of the historic concerns received by residents. A provision
that takes into account the direction of the home is facing would remain. The
staff proposal also recommends:
• Increase the height allowed to 6' at the property line along the rear, and
side yard;
• Increase front yard height, allowing 3.5 feet and 1.5 feet of 85%
transparent materials at the property line
• Allow 6 feet of solid fence when set back 15 feet from the property line
The above shall be permitted when fencing does not obstruct the sight distance
requirements.
The proposal will provide increased relief for applicants seeking fence permits.
However, it is likely that may not fully satisfy all Pasco residents, but emphasizes
the significance of developing practical regulations that can be effectively
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implemented and enforced citywide. For those seeking additional relief, or with
a special circumstance, the variance process will be available to pursue.
Page 5 of 103
Ordinance – Amending PMC 25.180.050 - 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE PASCO MUNICIPAL CODE SECTION 25.108.050
“DESIGN STANDARDS” RELATED TO CORNER LOT FENCING
WHEREAS, the Landscaping and Screening chapter is intended to establish minimum
standards for the provision of design, maintenance, and sight-obscuring methods within residential
zoning districts; and
WHEREAS, the existing fence regulations in the municipal code require revision to better
address changing community needs and ensure public safety; and
WHEREAS, there is a need to establish clear guidelines for fence heights and placement,
taking into consideration the balance between property privacy and maintaining neighborhood
cohesion; and
WHEREAS, the proposed amendment updates the requirements for corner lot fencing
within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 25.180.050 entitled “Design Standards” within the
Landscaping and Screening Chapter of the Pasco Municipal Code shall be and hereby is amended
and shall read as follows:
25.180.050 Design standards.
(1) Fences, Walls and Hedges.
(a) The height of fences, walls and hedges located between a structure and
street or alley shall be measured from the street curb or alley grade except
in those cases where topographical irregularities occur. The height of
fences, walls and hedges between a structure and a common lot line shall
be measured from the grade along the common lot line or top of any
structural retaining wall occurring at the common lot line.
(b) Fences and walls in commercial districts shall complement the
materials used in any principal on-site structures.
(c) The height of fences, walls and hedges shall be limited to 3.5 feet solid
fencing. An additional 1.5 feet comprised of 85% transparent material is
permitted for a maximum of 5 feet within the front yard area of residentially
zoned lots, retail business and office zoned lots.; provided, when two
contiguous corner lots, or two corner lots separated only by an alley right-
Page 6 of 103
Ordinance – Amending PMC 25.180.050 - 2
of-way, form the entire frontage between parallel or nearly parallel streets,
the height of fences, walls and hedges shall be limited to six feet within the
front yard adjacent to the side street; except where the front door of a house
faces the side street all fences greater than 3.5 feet in height must be set
back to the building line of the house facing the side street. A 6-foot fence
in the front yard next to the side street is permitted if the property is at a
corner where two corner lots are next to each other or separated only by an
alley. If the house's front door faces the side street, any fences taller than
what's allowed in the front yard must be placed 15 feet away from the side
street's property line.
(d) The height of fences, walls and hedges within the side and rear yards of
residentially zoned lots, retail business and office zoned lots shall be limited
to six feet. A gate or opening with a minimum three foot width leading into
at least one side yard shall be provided.
(e) Fences shall not be constructed out of tires, pallets, bed springs, multi-
colored materials, tarps, plastic sheets, corrugated sheet metal, except in
industrial districts, wheel rims and similar or like materials not traditionally
manufactured or used for fencing purposes. Hog wire, chicken wire,
horseman wire mesh, v-mesh, field fence, woven field fence, welded utility
fence, or any similar or like wire fencing material is not permitted in
residential or commercial zones. Horseman wire mesh and the other wire
fencing listed above may be permitted in suburban residential districts on
tracts larger than one acre that are used for animal husbandry. Fences built
with valid permits prior to the effective date of this chapter or fences on
properties annexed to the City after the effective date of this chapter are
exempt from this subsection.
(f) Fences constructed of wrought iron with interspersed brick or block
columns of up to five feet in height may be permitted within front yards in
the R-S-20 and R-S-12 districts provided said fencing is 85 percent
transparent.
(g) Barbed and razor wire fencing is prohibited in all residential districts,
in the office district and the central business district. Barbed wire may be
permitted in suburban residential districts on tracts larger than one acre that
are used for animal husbandry. In the C-1 retail business district only one
strand of barbed wire is permitted along the top rail or within two inches of
the top rail.
(h) Electrified fences are not permitted in residential districts except as a
secondary means of securing property where the electrified fence is located
behind an existing fence or in suburban districts to contain permitted farm
animals.
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Ordinance – Amending PMC 25.180.050 - 3
(i) In all front yards, whether on properties with single, double, or triple
frontage, rails, posts and other structural fence supports shall not be visible
from a public street; except that posts and rails that are an integral part of
the fence design and aesthetics and not used solely for structural support
may be visible from a public street.
(j) All fencing in commercial and industrial districts shall be placed on the
inward side of any required perimeter landscaping, with landscape
treatments occurring along the street frontage.
(k) No fence, wall or hedge, landscape material or foliage higher than three
feet above curb grade shall be located or planted within an area 20 feet along
the property lines from the intersection of two streets, including the area
between such points, or 15 feet from the intersection of a street and an alley;
provided, however, that if an alternative fence material is used, such as
masonry, wrought iron, wood, or combination thereof, then the fence must
be 75 percent transparent and may be a maximum six feet in height; or a
smaller, 75 percent transparent fence set upon a maximum three-foot wall
or other structure not exceeding a combined height of six feet may be
erected within said area of intersection of street and alley, so long as the
fence is at all times unobstructed by foliage or other matter.
(l) Fences constructed in any zoning district may be permitted at the back
of sidewalks in public right-of-way upon approval of the City Engineer,
except as provided in PMC 25.180.050(1)(j).
(m) All residential fencing within the I-182 overlay district, as defined by
PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of
masonry block. Replacement of pre-existing Surewood fences within the
district shall use masonry block or cedar material prescribed by the City as
prestained, knotless cedar 23/32-inch thick, five and one-half inches wide
and six feet tall.
(n) No fence or wall shall be erected without first obtaining a building
permit from the Building Inspector.
(2) Clearance Distances. Where a fire hydrant is located within a landscape area
it shall be complemented by a minimum clearance radius of three feet; no
tree, as measured from its center, shall be located within 10 feet of a street
light standard, or within five feet of a driveway or a fire hydrant.
(3) Commercial and Industrial Districts.
(a) The first 10 feet of all commercial and industrial property abutting an
arterial street and the first five feet of all commercial and industrial property
abutting a local access street shall be treated with landscaping at the time
Page 8 of 103
Ordinance – Amending PMC 25.180.050 - 4
the property is developed. No less than 65 percent of the landscaped area
must be treated with live vegetation at the time of planting.
(b) In addition to the requirements contained in this chapter and unless
specified otherwise in Chapter 25.130 PMC, commercially and industrially
zoned properties adjacent to properties in less intense zoning districts shall
have a 10-foot landscape buffer on the side immediately adjacent to the less
intense zoning district. The landscaped buffer shall meet the following
standards:
(i) Live vegetation within the landscape buffer shall be planted with
a mix of evergreen and deciduous trees and shrubs interspersed
throughout the landscape buffer.
(ii) The live vegetation shall consist of 40 percent evergreen trees.
(iii) Trees shall be provided at a minimum rate of one tree for every
20 linear feet of property line and spaced no more than 30 feet on
center spacing along each property line, unless planted in groupings
of three trees, with groupings spaced no more than 50 feet on center
along each property line.
(iv) Shrubs shall be provided at a minimum rate of one per eight
linear feet of property line and spaced no more than 16 feet apart on
center.
(v) Parking lots located adjacent to properties in less intense zoning
districts require 100 percent of the landscape buffer to be planted
with live vegetation.
(c) The area between property lines and the back edge of street curbs,
within right-of-way and exclusive of sidewalks and driveways for
ingress/egress, shall be treated with landscape materials.
(4) Residential Districts. At least 50 percent of the required front yard area for
all residential property, including right-of-way but excluding driveways,
shall be treated with live vegetation. Planting strips shall be treated as per
PMC 12.12.070; and
(5) All areas of a lot or parcel not landscaped or covered with improvements
shall be maintained in such a manner as to control erosion and dust. Gardens
within established landscapes are excluded from this provision in residential
districts. Front yard areas not covered by the required 50 percent live
vegetation must be covered by mulches or decorative rock. [Ord. 4157 § 1,
2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code 1970 § 25.75.050.]
Page 9 of 103
Ordinance – Amending PMC 25.180.050 - 5
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 4. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
______________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _________________________
Page 10 of 103
Page 11 of 103
AGENDA REPORT
FOR: City Council August 23, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 8/28/23
FROM: Eric Ferguson, City Attorney
City Manager
SUBJECT: Ordinance - Ziply Fiber Franchise Agreement
I. REFERENCE(S):
Ordinance/Franchise Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Undetermined
IV. HISTORY AND FACTS BRIEF:
For the past several months, the City of Pasco and Ziply Fiber, LLC (Ziply) have
been involved in extensive negotiations for Ziply to be able to obtain a franchise
agreement to allow them to place fiber-optic facilities in the City’s rights-of-way
(ROW). After some initial discussion with the applicant, it became clear that
Ziply intended to apply for a full franchise agreement for the use of the City’s
ROW’s.
Subsequently, an initial draft was forwarded to the appropriate departments for
review. Due to the numerous challenges incurred with the implementation of
fiber-optic facilities in both Kennewick and Richland, City staff felt it was
imperative that the City maintain the ability to closely monitor implementation in
Pasco to avoid issues with other services (e.g., irrigation, permitting, etc.).
Multiple meetings over several months have taken place both internally with City
staff, between legal counsels for the City and Ziply, and with the applicant’s staff
and upper management, which included the CEO of Ziply, as well as the City
Manager and the Mayor.
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In short, while the negotiation process has been difficult at times, the proposed
draft franchise agreement has been extensively drafted and reviewed to attempt
to address potential issues with implementation of fiber-optic facilities in the City
of Pasco and to meet the needs of the applicant to be able to provide their
services to the residents of Pasco.
Staff presented the initial proposed franchise agreement to Council at the July
24, 2023, Workshop and stated that there would be additional changes before
coming back for final approval. The proposed changes are significant and staff
wanted to return to a Workshop to answer any potential Council questions prior
to coming back for final approval.
V. DISCUSSION:
Staff is recommending passage of the ordinance related to a non -exclusive
franchise agreement Ziply Fiber for fiber optic cables within the public rights -of-
way in the City of Pasco.
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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO A NON-EXCLUSIVE
FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN,
REPAIR, OR REMOVE FIBER OPTIC CABLES WITHIN THE PUBLIC
WAYS OF THE CITY OF PASCO
WHEREAS, RCW 35A.11.010 grants the City authority to regulate the use of
the public rights-of-way, subject to applicable state and federal law; and
WHEREAS, the Pasco City Council passed Pasco City Ordinance 1823 on
August 3, 1976, adopting the classification of non-chartered code city for the City
of Pasco; and
WHEREAS, Article 11, section 11, of the Washington State Constitution
provides that the City of Pasco may make and enforce within its limits all such
local police, sanitary and other regulations as are not in conflict with general laws;
and
WHEREAS, the Pasco City Council, by section 35A,11.020 of the Revised
Code of Washington, through section 35A.13.230 of the Revised Code of
Washington, has any authority ever given to any class of municipality or to all
municipalities of this state, and all powers possible for a city or town to have under
the Constitution of this state, and not specifically denied to code cities by law,
which may be exercised in regard to the regulation or use of public ways and
property of all kinds and improvements thereto; and
WHEREAS, the Pasco City Council enacted chapter 15.40 of the Pasco
Municipal Code by ordinance 3287 on March 3, 1998 regulating the use of public
ways and public property for placement of telecommunication facilities in public
ways, and, providing in part that facilities must be located underground unless
otherwise provided in a franchise or lease granted by the City; and
WHEREAS, the Pasco City Council passed Ordinance 4414 on January 7,
2019 adopting amendments to its local telecommunications regulations in
chapters 15.40, 15.60, 15.10.050 of the Pasco Municipal Code, and
WHEREAS, Section 35A.47.040 of the Revised Code of Washington
authorizes the City to grant, permit, and regulate non-exclusive franchises for the
use of public ways;
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WHEREAS, the Pasco City Council passed City Ordinance 4537 on June
7, 2021, adopting an updated comprehensive plan for the City of Pasco, including
without limitation, policies requiring underground installation of new utility
services, conversion of existing overhead systems to underground systems,
coordination of utility projects, and minimization of negative impacts upon the
character of the community, and policies recognizing, preserving and protecting
Pasco's urban forest; and
WHEREAS, franchisee has applied to the City of Pasco, Washington for
non-exclusive franchise to enter, occupy, and use public ways to construct, install,
operate, maintain, and repair fiber optic facilities to offer and provide
telecommunications service for hire, sale, or resale in the City of Pasco; and
WHEREAS, the 1934 Communications Act, as amended by the 1996
Telecommunications Act, 47 USC 151, et seq., relating to telecommunications
providers recognizes and provides state and local government certain authority
to manage the public rights-of-way and to require fair and reasonable
compensation on a competitively neutral and nondiscriminatory basis; and
WHEREAS, Washington's Telecommunications Services Act, 2000 Wash.
Laws, chapter 83, as amended, RCW Ch. 35.99, relating to telecommunications
providers recognizes and provides Washington cities authority to require
franchises and use permits for constructing, installing, operating, maintaining,
repairing, or removing telecommunication facilities in public rights -of-way; and
WHEREAS, a franchise is a legislatively approved master permit granting
general permission to a service provider to enter, use, and occupy the public ways
for the purpose of locating facilities subject to requirements that a franchisee must
also obtain separate use permits from the City for use of each and every specific
location in the public ways in which the franchisee intends to construct, install,
operate, maintain, repair or remove identified facilities; and
WHEREAS, a franchise does not include, and is not a substitute for any
other permit, agreement, or other authorization required by the City, including
without limitation, permits required in connection with construction activities in
public ways which must be administratively approved by the City after review of
specific plans; and
WHEREAS, the grant of a non-exclusive franchise under RCW 35A.47.040
shall not be adopted or passed by the City’s legislative body on the day of its
introduction nor for five days thereafter, nor at any other than a regular meeting,
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nor without first being submitted to the City attorney, an affirmative vote of at least
a majority of the entire City Council and publication at least once in newspaper of
general circulation; and
WHEREAS, the City Council finds that the franchise terms and conditions
contained in this ordinance are in the public interest; and
NOW, THEREFORE, the City Council of Pasco, Washington does ordain as
follows:
Section 1: Definitions
For the purposes of this Ordinance, the following terms, phrases, words, and their
derivations will have the meanings given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural include
the singular, and words in the singular include the plural. Words not defined will have
the meaning ascribed to those words in the Pasco Municipal Code unless inconsistent
herewith.
"Cable Service" has the meaning set forth in, 47 U.S.C. § 522(6).
"City" has the meaning set forth in PMC 15.10.020
"City Property" has the meaning set forth in PMC 15.10.020
"Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or tiles
used for receiving and protecting wires, lines, cables, and communication and signal
lines. "Costs" means costs, expenses, and other financial obligations of any kind
whatsoever.
“Days” means calendar days when the reference is to more than 10 Days, and
business days when the reference is to 10 Days or less.
"Effective Date" means five days following the publication of this franchise or a
summary thereof occurs in an official newspaper of the City as provided by law.
"Emergency" has the meaning set forth in PMC 15.10.020.
"Existing" means in actual physical being upon the effective date of this franchise,
or a repair or replacement of such physical being.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, and other
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facilities necessary to furnish and deliver telecommunications services, including
but not limited to poles with crossarms, poles without crossarms, wires, lines,
conduits, cables, communication and signal lines and equipment, braces, guys,
anchors, vaults, and all attachments, appurtenances, and appliances necessary
or incidental to the distribution and use of telecommunications services.
"Fiber Optics" has the meaning set forth in 15.10.020.
"Franchisee" means Ziply Fiber Pacific, LLC dba Ziply Fiber and the lawful
successor, transferee or assignee of said person subject to such conditions as
defined herein.
"Information" means knowledge or intelligence represented by any form of writing,
signs, signals, pictures, sounds, or any other symbols.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Franchisee Facilities or any part thereof
as required and necessary for safe operation.
"Municipal Arborist" means the City's director of parks and recreation, or such
other person appointed by the Pasco City Manager to carry out the provisions of
the Pasco Municipal Code.
"Optical Cable" means wires, lines, cables and communication and signal lines
used to convey communications by fiber optics.
"Overhead Facilities" has the meaning set forth in PMC 15.10.020
“PMC” means the Pasco Municipal Code.
"Person" has the meaning set forth in PMC 15.10.020
"Personal Wireless Services" means commercial mobile radio services as
defined by federal laws and regulations.
"Public Street" has the meaning set forth in PMC 15.10.020
"Public Way" has the meaning set forth in PMC 15.10.020.
“Relocation” means permanent movement of Franchisee facilities required by
the City, and not temporary or incidental movement of such facilities, or other
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revisions Franchisee would accomplish and charge to third parties without
regard to municipal request. "Relocation” also means to protect, support,
temporarily disconnect, relocate, or remove facilities.
“Right-of-Way” has the meaning set forth in PMC 15.10.020 .
“Standards” means the Design and Construction Standards and
Specifications for Public Works Improvements, latest edition at the time of
submission of each right -of-way permit associated with this franchise
agreement.
"Street Tree" means any tree located in, or that portion over -hanging, any public
way and any tree planted on private property near a public way at the direction
of the City.
"Telecommunications Service" has the meaning set forth in 47 U.S.C. Section
153(53).
"State" means the State of Washington, its agencies, departments, and
governmental subdivisions, and all agencies, departments, and divisions of
its agencies, departments, and governmental subdivisions.
"Underground Facilities" has the meaning set forth in PMC 15.10.020
"Utility Poles" has the meaning set forth in PMC 15.10.020.
Section 2: Franchise
A. The City grants to franchisee, subject to the terms and conditions of this
franchise, a non-exclusive franchise to enter, occupy, and use public ways for
constructing, installing, operating, maintaining, repairing, and removing
wireline facilities necessary to provide telecommunications services , property
located within the corporate boundaries of the City of Pasco, as specified in
Exhibit “A,” attached hereto and incorporated by reference (the “Franchise
Area”) provided that the Franchise Area shall be expanded to include territory
annexed into the City of Pasco during the term hereof, and as approved under
City permits issued pursuant to this franchise (hereinafter “Franchise”).
Except as expressly provided otherwise in this franchise, Franchisee shall
construct, install, operate, maintain, repair , and remove its facilities at its
expense.
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B. The Franchisee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
C. The Franchisee shall reimburse the City for all costs of one publicatio n
of this franchise in a local newspaper and required legal notices regarding this
franchise, contemporaneous with its acceptance of this franchise.
D. As set forth PMC 15.30.010, Franchisee must first obtain a right-of-way
use permit in the event it desires to occupy Public Ways. shall relieve
Franchisee from the requirement for obtaining permits as more fully set forth
in Section 12 below.
E. Nothing in this franchise grants authority to Franchisee to enter, occupy,
or use public ways for constructing, installing, operating, maintaining, repairing
or removing wireless communication facilities.
F. Nothing in this Franchise grants authority to Franchisee to enter,
occupy, or use City Property. If Franchisee desires to use City Property,
including poles and structures within the public ways it shall negotiate a
separate lease or license agreement with the City.
G. Any rights, privileges, and authority granted to Franchisee under this
Franchise are subject to the legitimate rights of the police power of the City to
adopt and enforce general ordinances necessary to protect the safety and
welfare of the public, and nothing in this franchise excuses Franchisee from
its obligation to comply with all applicable general laws enacted by the City
pursuant to such power. Any conflict between the terms or conditions of this
franchise and any other present or future exercise of the City's police powers
will be resolved in favor of the exercise of the City's police power.
H. Nothing in this Franchise excuses Franchisee of its obligation to comply
with applicable codes, rules, regulations, and standards subject to verification
by the City of such compliance.
I. Nothing in this Franchise shall be construed to limit taxing authority or
other lawful authority to impose charges or fees, or to excuse franchisee of
any obligation to pay lawfully imposed taxes, charges or fees.
J. Nothing in this Franchise grants authority to Franchisee to impair or
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damage any City Property, Public Way, other ways or other property, whether
publicly or privately owned, except as provided herein.
K. Nothing in this Franchise grants authority to Franchisee to alter the
City's urban forest to accommodate Franchisee's Facilities, and nothing in this
Franchise shall be construed to give Franchisee's Facilities priority of use of
public ways over the preservation and protection of the City's urban forest.
L. Nothing in this Franchise shall be construed to create a duty upon the City
to be responsible for construction of facilities or to modify public ways to
accommodate Franchisee's Facilities.
M. Nothing in this Franchise grants authority to Franchisee to provide or offer
Cable Service.
N. Nothing in this Franchise grants authority to Franchisee to provide or offer
personal wireless services to the general public.
O. Nothing in this Franchise shall be construed to create, expand, or extend any
liability of the City to any third-party user of Franchisee's Facilities or to otherwise
recognize or create third party beneficiaries to this Franchise.
P. Nothing in this franchise shall be construed to permit Franchisee to unlawfully
enter or construct improvements upon the property or premises of another.
R. Nothing in this Franchise authorizes Franchisee to enter or construct
improvements on, in, under, over, across, or within any private property of any third
party without that party's permission.
Section 3: Term
A. Authorization granted under this franchise shall be for a period of ten (10)
years from the effective date of this franchise.
B. Renewal. Franchisee may renew this Franchise pursuant to PMC
15.020.070(1).
C. Failure to Renew Franchise – Automatic Extension. If the parties fail to formally
renew this Franchise prior to the expiration of its term, the Franchise automatically
continues month to month until renewed or until either party gives written notice at
least one hundred eighty (180) days in advance of its intent not to renew the
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Franchise to the other party.
Section 4: Location of facilities
A. Franchisee may place optical cable, optical cable housing, and splicing
connections on Existing utility poles as overhead facilities if approved by the owner
of the utility poles pursuant to PMC 15.70.110
B. Franchisee's Facilities shall not damage or impair the City's urban forest.
Franchisee shall not place optical cable, optical cable housing, or splicing
connections as overhead facilities in any area where the municipal arborist of the
City determines, in his or her sole discretion, that the facilities will damage or impair
a street tree.
C. Franchisee's facilities shall not unreasonably interfere with the use of public
ways or City property by the City, the general public, or other persons authorized
to enter, occupy, or use public ways or City property as set forth in PMC
15.70.160.
D. Franchisee shall not impair or damage any City property, public way, other
ways or other property, whether publicly or privately owned.
E. Relocation or removal of Franchisee’s facilities shall be governed by PMC
15.70.180.
1. Where the construction, alteration, repair or improvement of a Public
Way is primarily for private benefit, the Franchisee may seek reimbursement from
the private party or parties for the cost of relocation in the same proportion as
their contribution to the costs of the project; provided, however, in no event shall
the City be considered a private party for purposes of seeking reimbursement
under this section. Franchisee may require a deposit or other pre -payment of
costs before doing any work on a project covered by this section.
2. Where other utilities are present and involved in an undergrounding
project and Franchisee is required to pay for such undergrounding , Franchisee shall
only be required to pay its fair share of common costs borne by all utilities, in addition
to the costs specifically attributable to the undergrounding of Franchisee Facilities.
Common costs shall include necessary costs for common trenching and utility vaults.
Fair share shall be determined in comparison to the total number and size of all other
utility facilities being undergrounded.
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F. Franchisee shall relocate its facilities at its expense at the request of the
City in the event of an unforeseen emergency, or causes interference with public
facilities as described in Section 2(D) that creates an immediate threat to the
public safety, health or welfare.
Section 5: Pole, structures and property owned by others
Franchisee will obtain separate agreements from owners of utility poles, structures
and property not owned by the City. The City makes no representation and assumes
no responsibility for the availability of utility poles, structures, and property owned by
third parties for the installation of Franchisee’s facilities.
Section 6: Construction and installation requirements
A. Neither approval of plans by the City nor any action or inaction by the City
shall relieve Franchisee of any duty, obligation, or responsibility for the competent
design, construction, and installation of its Facilities. Franchisee is solely
responsible for the supervision, condition, and quality of the work done, whether
it is performed by itself or by its contractors, agents, or assigns.
B. The Franchisee shall provide the City at least 72-hours’ notice of its intent to
work in the public right-of-way and, for permits relating to underground work, shall
indicate the issued permit for the work planned to be performed.
C. Working Hours. All work related to this franchise agreement (with the exception
of emergency repairs described in this agreement) performed by the Franchisee shall
only occur Monday through Saturday and no work will be performed on Sunday’s or
holidays recognized by the City of Pasco unless otherwise agreed by the City. Such
restriction shall not apply to any service drops used in connecting subscribers to
Franchisee’s Facilities.
D. Dangerous Conditions. Franchisee shall comply with PMC 15.70.280.
E. Utility Locates. Franchisee shall comply with PMC 15.70.080.
F. Qualified, Informed Personnel. The Franchisee shall have qualified, informed
personnel onsite anytime construction is occurring that are familiar with the permit
requirements, and the City requirements for construction.
F. Licensed, Bonded Contractors. All work performed by the Franchisee shall be
performed by licensed, bonded Contractors who have a business license allowing
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them to work within the City of Pasco.
G. Contractor named on Right-of-Way Permit. The Franchisee shall specifically
name the Contractor who will be performing work on the right -of-way permit
application. If the Franchisee desires to switch to using another contractor on an
open right-of-way permit, the Franchisee shall so notify the City.
H. Sidewalk Safety. At times, weather is not conducive to concrete placement,
which can delay surface restoration work if concrete sidewalk panels or curb ramps
were removed as part of a construction project. When this occurs, the Franchisee
shall use either 5/8 crushed rock or cold patch asphalt (temporary surface type is at
the discretion of the City) to maintain a safe, ADA accessible walking surface until the
site can be adequately restored.
I. Local Emergency Contact. The Franchisee shall at all times maintain a emergency
contact at its Network Operations Center who can be contacted by the City if there is
an emergency, or an issue with lack of compliance with the terms of this franchise
agreement. This emergency contact shall be available as needed 7 days a week, 24
hours a day.
Section 7: Coordination of construction and installation activities and other
work
A. Franchisee shall coordinate its construction and installation activities and
other work with the city and other users of the public ways at least annually or as
determined by the City.
B. All construction or installation locations, activities and schedules shall be
coordinated, as ordered by the City, to minimize public inconvenience, disruption
or damages.
C. At least twenty-four prior notice to entering a public way to perform
construction and installation activities or other work, Franchisee shall give notice, at
its cost, to owners and occupiers of property adjacent to such public ways
indicating the nature and location of the work to be performed. Such notice shall
be physically posted by door hanger. Franchisee shall make a good faith effort to
comply with the property owner or occupier's preferences, if any, on location or
placement of underground facilities, consistent with sound engineering practices.
D. Franchisee shall make available open trenches for use by third party
utilities with the costs to be allocated as agreed between the parties provided that
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such third party has a similar obligation with respect to Franchisee.
E. The City shall give reasonable advance notice to Franchisee of plans to
open Public Ways for construction or installation of Facilities and Franchisee
afforded the opportunity to install facilities in the applicable location , when
possible; provided, however, the City shall not be liable for damages for failure
to provide such notice. When notice has been given, Franchisee may provide
notice to City of its intent to construct in the open Public Way and provide
information regarding its requirements for such constructions. If so elected,
Franchisee may may only construct or install facilities during such period that
the City has opened the Public Way for construction or installation.
F. Emergency Operations. Franchisee shall comply with PMC 15.70.250.
Section 8: Temporary removal, adjustment or alteration of facilities
See Section 4 above.
Section 9: Safety and maintenance requirements
Franchisee shall comply with PMC 15.70.280.
Section 10: Abandonment of Facilities
PMC 15.70.260(1) shall govern the abandonment of facilities.
Section 11: Restoration of public ways and other property
A. When Franchisee, or any person acting on its behalf, does any work in or
affecting any Public Way or other property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore, at Franchisee's cost, such ways
and property to as good a condition as existed before the work was undertaken,
unless otherwise directed by the City. Upon completion of any construction by
the Franchisee, the site of construction shall be restored in accordance with all
the requirements in the PMCs and the City’s Standards, including but not limited
PMC 15.70.270.
B. If weather or other conditions do not permit the complete restoration
required by this section; the Franchisee shall temporarily restore the affected
ways or property. Such temporary restoration shall be at the franchisee's cost,
and franchisee lessee shall promptly undertake and complete the required
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permanent restoration when the weather or other conditions no longer prevent
such permanent restoration.
C. All restoration work is subject to inspection and final approval by the City.
If restoration is not made to the satisfaction of the City within the established time
frame, the City may make the restoration itself at the cost of franchisee or have
them made at the cost of franchisee.
Section 12: Use and/or development authorization and permits
A. Franchisee shall obtain use and/or development authorization and required
permits from the City and all other appropriate regulatory authorities prior to
constructing or installing facilities or performing other work in a public way.
The City must act on applications for use and/or development authorization or
required permits within thirty (30) days of receipt of a completed application, unless
Franchisee consents to a different time period . The City may, upon notice to
Franchisee, extend this period to ensure that the City has adequate resources
available to provide the necessary inspection work.
B. A permit may require the posting of a construction bond. Any such requirement
and amount of the bond is set forth in City code.
Section 13: Hold harmless and assumption of risk
The Franchisee agrees to be bound by the provisions of PMC 15.70.290(2) which are
hereby incorporated into this Franchise.
Section 14: Insurance.
Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both franchisee
and the City, and its elected and appointed officers, officials, agents, employees,
representatives, engineers, consultants, and volunteers as an additional insureds
against claims for injuries to persons or damages to property which may arise
from or in connection with the exercise of the rights, privileges, and authority
granted to franchisee:
A. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed under an
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insured contract. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The City shall be named as an
additional insured under the Franchisee's Commercial General Liability insurance
policy with respect this Franchise Agreement using ISO endorsement CG 20 12
05 09 if the franchise agreement is considered a master permit, or CG 20 26 07
04 if it is not, or substitute endorsement providing at least as broad coverage.
Commercial General Liability insurance shall be written with limits no less than
$5,000,000 each occurrence, $5,000,000 general aggregate.
B. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services Office
(ISO) form CA 00 01.
Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $5,000,000 per accident.
C. Contractors Pollution Liability insurance shall be in effect throughout the
entire Franchise Agreement covering losses caused by pollution conditions that
arise from the operations of the franchisee. Contractors Pollution Liability shall
cover bodily injury, property damage, cleanup costs and defense, including costs
and expenses incurred in the investigation, defense, or settlement of claims.
Contractors Pollution Liability insurance shall be written in an amount of at least
$2,000,000 per loss, with an annual aggregate of at least $2,000,000.
D. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
E. Excess or Umbrella Liability insurance shall be excess over and at least as
broad in coverage as the franchisee's Commercial General Liability and
Automobile Liability insurance.
Excess or Umbrella Liability insurance shall be written with limits of not less than
$5,000,000 per occurrence and annual aggregate. The Excess or Umbrella
Liability requirement and limits may be satisfied instead through franchisee's
Commercial General Liability and Automobile Liability insurance, or any
combination thereof that achieves the overall required limits.
F. Other Insurance Provisions. Franchisee's Commercial General Liability,
Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability
insurance policy or policies are to contain, or be endorsed to contain, that they
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shall be primary insurance as respect the City. Any insurance, self-insurance, or
self-insured pool coverage maintained by the City shall be excess of the
franchisee's insurance and shall not contribute with it.
G. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: Vil.
H. Verification of Coverage. The franchisee shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the franchise. Upon request by the City, the franchisee
shall furnish certified copies of all required insurance policies, including
endorsements, required in this franchise and evidence of all subcontractors'
coverage.
I. Subcontractors. The franchisee shall cause each and every Subcontractor
to provide insurance coverage that complies with all applicable requirements of
the franchisee-provided insurance as set forth herein, except the franchisee shall
have sole responsibility for determining the limits of coverage required to be
obtained by Subcontractors. The franchisee shall ensure that the City is an
additional insured on each and every Subcontractor's Commercial General
liability insurance policy using an endorsement as least as broad as ISO CG
2026.
J. Cancellation. The Franchisee’s insurance cannot be terminated by the
Franchisee except after thirty (30) days’ prior written notice to the City by certified
mail, return receipt requested, has been given to the City.
K. Failure to Maintain Insurance. Failure on the part of the franchisee to maintain
the insurance as required shall constitute a material breach of this franchise, upon
which the City may, after giving five business days' notice to the franchisee to
correct the breach, terminate the franchise or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand.
L. City Full Availability of Franchisee Limits. If the franchisee maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained
by the franchisee, irrespective of whether such limits maintained by the franchisee
are greater than those required by this franchise or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those
maintained by the franchisee.
M. Franchisee - Self-Insurance. If the franchisee is self-insured or becomes
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self-insured during the term of the Franchise Agreement, franchisee or its
affiliated parent entity shall comply with the following: (i) provide the City, upon
request, a copy of franchisee's or its parent company's most recent audited
financial statements, if such financial statements are not otherwise publicly
available; (ii) franchisee or its parent company is responsible for all payments
within the self-insured retention; and (iii) franchisee assumes all defense and
indemnity obligations as outlined in the indemnification section of this franchise
agreement.
N. Primary Insurance. The Franchisee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Franchisee’s insurance
and shall not contribute with it.
O. Coverage Scope. The coverage shall contain no special imitations on the
scope of protection afforded to the City, its officers, officials, or employees. In
addition, the insurance policy shall contain a clause stating that coverage shal l
apply separately to each insured against who se claim is made or suit is brought,
except with respect to the limits of the insurer’s liability. Franchisee’s insurance
shall be primary. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Franchisee’s insurance, and shall
not contribute with it. Coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits for the duration of this franchise
agreement.
Section 15: Performance Bond.
A. Franchisee shall provide a performance bond in the amount of fifty thousand dollars
($50,000) to ensure the faithful performance of its responsibilities under this
Franchise and applicable law, including, by way of example and not li mitation, its
obligations to relocate and remove its facilities. The performance bond shall be in
a standard industry form. Grantee shall pay all premiums or costs associated with
maintaining the bond, and shall keep the same in full force and effect at all times.
B. The bond shall not be canceled or materially altered so as to be out of compliance
with the requirements of this Section without forty-five (45) days written notice first
being given to the City. If the bond is canceled or materially altered so as to be out
of compliance with the requirements of this Section within the term of this Franchise,
Franchisee shall provide a replacement bond.
C. After the giving of notice by the City to Franchisee, and expiration of any applicable
cure period, the performance bond may be drawn upon by the City for purposes
that include, but are not limited to the following:
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a. Failure of Franchisee to pay the City sums due under the terms of
this Franchise;
b. Reimbursement of costs borne by the City to correct Franchise
violations not corrected by Franchisee; and
c. Damages assessed against Franchisee as provided in this
Franchise.
D. The City shall give Franchisee written notice of any withdrawal under this Section
upon such withdrawal. Within ten (l0) days following receipt of such notice,
Franchisee shall restore and replenish the performance bond to the amount
required under this Franchise. Franchisee’s maintenance of the performance bond
shall not be construed to excuse unfaithful performance by Franchisee or limit the
liability of Franchisee to the amount of the performance bond or otherwise limit the
City’s recourse to any other remedy available at law or in equity.
E. Franchisee shall have the right to appeal to the City Commission for reimbursement
in the event Franchisee believes that the performance bond was drawn upon
improperly. After a determination by the City Commission, Franchisee shall also
have the right of judicial appeal if Franchisee believes the performance bond has
not been properly drawn upon in accordance with this Franchise. Any funds the
City erroneously or wrongfully withdraws from the performance bond shall be
returned to Franchisee with interest, from the date of withdrawal at a rate equal to
the prime rate of interest as quoted in The Wall Street Journal on the date the City
withdrew funds from the performance bond until the date the City returns the funds
to Franchisee.
Section 16: Taxes, charges, and fees.
A. Franchisee shall pay and be responsible for taxes permitted by law.
B. In the event that Franchise provides Cable Services within the City,
Franchisee shall pay a franchise fee with respect to such Cable Services in
accordance with chapter 5.45 of the Pasco Municipal Code.
C. In addition to penalties and other remedies for which franchisee may be
subjected, the City reserves the right to impose site-specific charges for
placement or use of structures used to provide personal wireless services.
Unless otherwise agreed by the parties, such charges shall be an amount
equal to at least one hundred percent (l 00%) of the costs of construction or
installation of such structures.
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Section 17: Acquisition of facilities.
Upon Franchisee's acquisition of any facilities in the Public Way, or upon any
addition or annexation to the City of any area in which franchisee has facilities,
such facilities shall immediately be subject to the terms of this franchise without
further action of the City or Franchisee.
Section 18: Vacation of public ways
The City reserves the right to change, regrade, relocate, abandon, or vacate
any right-of-way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities , the City shall reserve an easement for public utilities
within that vacated portion, pursuant to RCW 35.79.030 and PMC 12.40,
within which the Franchisee may continue to operate any existing Franchisee
Facilities under the terms of this Franchise for the remaining period set forth
under Section 3.
Section 19: Provision of Information
Within thirty (30) days of a written request from the City, franchisee shall furnish the
City with information reasonably request e d by the City to coordinate
municipal functions with Franchisee’s activities, to fulfill
municipal obligations under state law or to demonstrate
compliance with terms of this Franchise.
A. The documents and records maintained by franchisee and requested by the
City shall be made available to the City at reasonable times and intervals;
provided, however, that nothing in this section shall be construed to require
Franchisee to violate state or federal law regarding subscriber privacy, nor
shall this section be construed to require Franchisee to disclose
proprietary or confidential information without adequate safeguards for its
confidential or proprietary nature.
B. Franchisee shall reasonably cooperate in City’s planning efforts, including working
with the City in its development of its Comprehensive Plan Utilities Element. The
cooperation may include:
a. An annual meeting or communications outlining the plans of Franchisee
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and the City for the Public Ways during the upcoming year
b. Coordination of construction activities with the City and other franchisees
c. Planning and implementation of emergency response procedures
C. In connection with information requests mentioned above, the City may request as-
built drawings of Franchisee’s Facilities and maps showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, in a format used by Franchisee in the ma intenance of its
own records.
D. Confidentiality. Information provided by Franchisee to the City shall be considered
confidential and proprietary to Franchisee. If the County receives a request under
the Washington State Public Records Act to inspect or copy the information provided
by Franchisee and the City determines that release of the information is required by
the Public Records Act the City notify Franchisee (a) of the request and (b) of the
date that such information will be released to the reque ster unless Franchisee initiates
a proceeding to enjoin that disclosure pursuant to the Public Records Act.
Section 20: Assignment or Transfer
Franchisee's rights, privileges, and authority under this franchise, and
ownership or working control of facilities constructed or installed pursuant to
this franchise, may not, directly or indirectly, be transferred, assigned or
disposed of by sale, lease, merger, consolidation or other act of franchisee, by
operation of law or otherwise, except after consent by the City, which shall
not be unreasonably withheld or delayed. Notwithstanding the foregoing, no
City consent shall be required in the event that this Franchise is, directly or
indirectly, transferred assigned or disposed by sale, lease, merger
consolidation of other act of Franchisee, by operation of law or otherwise, in
connection with any transaction approved by the Washington Utilities and
Transportation Commission, such approval to be deemed consent of the City.
Except as set forth above, PMC 15.70.320 shall apply to this Franchise.
Section 21: Notices.
A. Written notices to the parties shall be sent by certified mail to the following
addresses, unless a different address shall be designated in writing and delivered
to the other party.
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City: City of Pasco
Community and Economic Development
525 N. 3rd Avenue
Pasco, WA 99301
(509) 545-3441
with a copy to: Pasco City Clerk
525 N. 3rd Avenue
Pasco, WA 99301
Franchisee: Ziply Fiber Pacific, LLC
Attn: Legal Department
135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
[add phone]
Franchisee’s Local Contact for Emergency Situations or Franchise compliance
issues requiring immediate attention:
Ziply Fiber Pacific, LLC
[address]
[e-mail]
[office phone]
[cell phone for after hours contact if needed]
B. Franchisee shall additionally provide a phone number and designated
responsible officials to respond to emergencies. After being notified of an
emergency, franchisee shall cooperate with the City and make best efforts to
immediately respond to minimize damage, protect the health safety of the public
and repair facilities to restore them to proper working order. Annually, on request
of the City, franchisee will meet with City emergency response personnel to
coordinate emergency management operations and , at least once a year, at the
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request of the City, actively participate in emergency preparations.
C. Any changes to the above-stated Franchisee information shall be sent to the
City’s Director of Community & Economic Development Department, with copies to
the City Clerk, referencing the title of this agreement.
D. The above-stated Franchisee and City telephone numbers shall be staffed at
least during normal business hours, Pacific time zone.
Section 22: Non-waiver
The failure of the City to exercise any rights or remedies under this Franchise or
to insist upon compliance with any terms or conditions of this Ffranchise shall not
be a waiver of any such rights, remedies, terms or conditions of this Franchise by
the City and shall not prevent the City from demanding compliance with such
terms or conditions at any future time or pursuing its rights or remedies.
Section 23: Eminent domain
This Franchise is subject to the power of eminent domain and the right of the City
Council or the people acting for themselves through the initiative or referendum
to repeal, amend or modify the franchise in the interest of the public. In any
proceeding under eminent domain, the franchise itself shall have no value.
Section 24: Limitation of liability
Administration of this Franchise may not be construed to create the basis for any
liability on the part of the City, its elected officials, officers, employees, servant,
agents, and representatives for any injury or damage from the failure of the
Franchisee to comply with the provisions of this Franchise; by reason of any plan,
schedule or specification review, inspection, notice and order, permission, or
other approval or consent by the City; for any action or inaction thereof authorized
or done in connection with the implementation or enforcement of this Franchise by
the City; or for the accuracy of plans submitted to the City.
Section 25: Damage to facilities
Unless directly and proximately caused by the negligence of the City, the City
shall not be liable for any damage to or loss of any facilities as a result of or in
connection with any public works, public improvements, construction, excavation,
grading, filling, or work of any kind on, in, under, over, across, or within a public
way done by or on behalf of the City.
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Section 26: Governing law and venue
This franchise and use of the applicable public ways will be governed by the laws
of the State of Washington, unless preempted by federal law. Franchisee agrees
to be bound by the laws of the State of Washington, unless preempted by federal
law, and subjected to the jurisdiction of the Courts of the State of Washington.
Any action relating to this Franchise must be brought in the Superior Court of
Washington for Franklin County, or in the case of a federal action, the United States
District Court for the Eastern District of Washington at Richland, Washington,
unless an administrative agency has primary jurisdiction.
Section 27: Severability
If any section, sentence, clause or phrase of this franchise or its application to any
person or entity should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
franchise nor its application to any other person or entity.
Section 28: Repair and Emergency Work
The terms of PMC 15.70.250 is hereby incorporated into this Franchise.
Section 29: Location Preference
A. Any structure, equipment, appurtenance, or tangible property of a utility, other
than the Franchisee’s, which was installed, constructed, completed, in place,
or planned for installation prior in time to Franchisee’s application for a permit
to construct or repair Franchisee Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee
Facilities. The City reserves the right to deny of any of the Franchisee’s
facilities that may possibly interfere with possible future installation of City
utilities. However, to the extent that the Franchisee Facilities are completed and
installed prior to another non-City utility’s submittal of a permit for new or
additional structures, equipment, appurtenances, or tangible property, then the
Franchisee Facilities shall have priority. All City utility and road infrastructure,
whether existing or future shall have priority over the Franchisee’s. These rules
governing preference shall continue in the event of the necessity of relocating
or changing the grade of any City road or right-of-way. A relocating utility shall
not necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to utilities that may in the future require
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the relocation of Franchisee Facilities. Such relocations shall be governed by
Section 4.
B. Franchisee shall comply with PMC 15.70.110.
Section 30: Enforcement and Remedies
The terms of PMC 15.090.010-050 is hereby incorporated into this Franchise.
Section 31: Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee shall comply with all applicable
federal and state or City laws, regulations and policies (including all applicable
elements of the City's comprehensive plan), in conformance with federal laws and
regulations, affecting performance under this Franchise. Furthermore,
notwithstanding any other terms of this agreement appearing to the co ntrary, the
Franchisee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general public
in relation to the rights granted in the Franchise Area.
Section 32: Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall the City or
other utility providers (with the exception of the Franchisee) be liable for any special,
incidental, indirect, punitive, reliance, consequential or similar damages.
Section 33: Survival.
All the provisions, conditions and requirements of this agreement shall be in addition
to any and all other obligations and liabilities the Franchisee may have to the City at
common law, by statute, or by contract, and shall survive the City’s Franchise to the
Franchisee for the use of the areas mentioned herein, and any renewals or
extensions thereof. All the provisions, conditions, regulations, and requirements
contained in this Franchise Ordinance shall further be binding upon the heirs,
successors, executors, administrators, legal representatives and assigns of the
Franchisee and all privileges, as well as all obligations and liabilities of the Franchisee
shall inure to its heirs, successors and assigns equally as if they were specifically
mentioned wherever the Franchisee is named herein.
Section 34: Miscellaneous.
A. Equal Employment and Nondiscrimination. Throughout the term of this
Page 35 of 103
23
franchise, franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize
qualified local contractors, including minority business enterprises and woman
business enterprises, whenever the Franchisee employs contractors to perform
work under this franchise.
C. Descriptive Headings. The headings and titles of the sections and
subsections of this franchise are for reference purposes only and do not affect the
meaning or interpretation of the text herein.
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
franchise, the prevailing party will be entitled to recover all of its reasonable costs,
including attorneys' fees, in addition to such other relief as the court may deem
proper.
E. No Joint Venture. Nothing herein will be deemed to create a joint
venture or principal- agent relationship between the parties, and neither party
is authorized to, nor shall either party act toward third persons or the public in
any manner that would indicate any such relationship with the other.
F. Mutual Negotiation. This franchise was mutually negotiated by the
franchisee and the City and has been reviewed by the legal counsel for both
parties. Neither party will be deemed to be the drafter of this franchise.
G. Third-Party Beneficiaries. There are no third-party beneficiaries to this
franchise.
H. Actions of the City or Franchisee. In performing their respective
obligations under this franchise, the City and franchisee will act in a
reasonable, expeditious, and timely manner. Whenever this franchise sets
forth a time for any act to be performed by franchisee, such time shall be
deemed to be of the essence, and any failure of franchisee to perform within
the allotted time may be considered a material breach of this franchise, and
sufficient grounds for the City to invoke any relevant remedy.
I. Entire Agreement. This franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and
supersedes all prior oral and written negotiations between the parties.
Page 36 of 103
24
J. Modification. The parties may alter, amend or modify the terms and
conditions of this franchise upon written agreement of both parties to such
alteration, amendment or modification. Nothing in this subsection shall impair the
City's exercise of authority reserved to it under this franchise.
K. Non-exclusivity. This franchise does not confer any exclusive right,
privilege, or authority to enter, occupy or use public ways for delivery of
telecommunications services or any other purposes. This franchise is granted
upon the express condition that it will not in any manner prevent the City from
granting other or further franchises in, on, across, over, along, under or
through any public way.
L. Rights granted. This franchise does not convey any right, title or interest
in public ways, but shall be deemed only as authorization to enter, occupy, or
use public ways for the limited purposes and term stated in this franchise.
Further, this franchise shall not be construed as any warranty of title.
M. Contractors and subcontractors. Franchisee's contractors and
subcontractors must be licensed and bonded in accordance with the City's
ordinances, rules, and regulations. Work by contractors and subcontractors is
subject to the same restrictions, limitations and conditions as if the work were
performed by franchisee.
N. Risks. Franchisee acknowledges by acceptance of the grant that it has read
the terms and conditions of this agreement carefully, and accepts all reasonable risks
related to the possible interpretation of the provisions, terms, and conditions of this
agreement.
Section 35: Acceptance of franchise
Within thirty (30) days after the passage and approval of this ordinance, this franchise
may be accepted by the franchisee by its filing with the City Clerk an unconditional
written acceptance thereof. Failure of the franchisee to so accept this franchise within
said period of time shall be deemed a rejection thereof by the franchisee, and the
rights, privileges, and authority herein granted shall, after the expiration of the 30-
day period, absolutely cease and terminate, unless the time period is extended by
ordinance duly passed for that purpose.
Section 36: The City Clerk
The City Clerk is authorized and directed to publish a summary hereof in
Page 37 of 103
25
accordance with Revised Code of Washington 35A.13.200 and 35A.12.160.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
____________ 2023.
_________________________________
Mayor
Attest: Form approved:
__________________________ _________________________
City Clerk City Attorney
Page 38 of 103
26
SUMMARY OF ORDINANCE
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT,
INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE FIBER OPTIC CABLES
WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO
The Pasco City Council passed Municipal Ordinance _________ at its __________,
2023 regular meeting which in summary grants a non -exclusive franchise to Ziply
Fiber Pacific, LLC dba Ziply Fiber to construct, install operate, maintain, repair, or
remove fiber optic cables within the City right-of-way.
The full text of Municipal Ordinance ________ will be provided upon request made
to the Pasco City Clerk at Pasco City Hall, 525 N. Third Avenue., Pasco, WA
99301.
Summary approved as to form:
________________________________
Eric W. Ferguson
City Attorney
Page 39 of 103
27
ACCEPTANCE:
The provisions of this amended franchise are agreed to and hereby accepted. By
accepting this franchise, franchisee covenants and agrees to perform and be
bound by each and all of the terms and conditions imposed by the franchise and
the municipal code and ordinances of the City.
By:
Printed Name:
Title:
CERTIFICATION OF COMPLIANCE WITH CONDITIONS AND EFFECTIVE DATE:
I certify that I have received confirmation that: (I) the franchisee returned a signed
copy of this franchise to the City Council in accordance with this franchise; (2) the
franchisee has presented to the City acceptable evidence of insurance and
security as required in this franchise; and (3) the franchisee has paid all applicable
processing costs set forth in the franchise.
The effective date of this franchise ordinance is:
By:
Printed Name:
Title:
Page 40 of 103
Page 41 of 103
AGENDA REPORT
FOR: City Council August 16, 2023
TO: Adam Lincoln,City Manager City Council Workshop
Meeting: 8/28/23
FROM: Jesse Rice, Interim Director
Administrative & Community Services
SUBJECT: Resolution - Interlocal Agreement with Pasco School District for Joint Use
of Facilities
I. REFERENCE(S):
Draft Resolution
Draft Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) and the Pasco School District No.1 (District) in the
interest of supporting programs for the community in the areas of athletics,
recreation, and education entered into an Interlocal Agreement (ILA) in 2007 for
joint use of facilities. That ILA provided the City and District priority use of each
other's facilities over other users, if not in use for their own scheduled activities
or programs.
V. DISCUSSION:
The current ILA includes a list of specific facilities and outdated ope rational and
scheduling processes. To address these issues and continue the community
partnership both parties wish to renew with an updated ILA for Joint Use of
Facilities. The updated ILA expands use to both current and future facilities,
includes updated processes for scheduling facilities, identifies each agencies
contacts, and has a term of 10 years, with automatic renew for 5-year terms
unless notice is provided from either party of intent not to renew.
Page 42 of 103
Staff is requesting approval to proceed with entering into the updated ILA.
Page 43 of 103
Resolution – PSD ILA - 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE PASCO SCHOOL DISTRICT NO. 1 AND
THE CITY OF PASCO FOR JOINT USE OF FACILITIES.
WHEREAS, RCW 39.34, Interlocal Cooperation Act, authorizes political subdivisions to
jointly exercise their powers, privileges, or authorities with other political subdivisions of this State
through the execution of an interlocal cooperative or interagency agreement; and
WHEREAS, the City and the District are mutually interested in supporting programs for
the community in the areas of athletics, recreation and education; and
WHEREAS, the City and the District each own and operate recreational and educational
facilities that may be available for the beneficial use of the other in administering their athletic,
recreation, and educational programs; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the Interlocal
Agreement for Joint Use of Facilities with the Pasco School District No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions of
the Interlocal Agreement between Pasco School District No. 1 and the City of Pasco; a copy of
which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and
to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this ___ day of ________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 44 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 1
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
Between
CITY OF PASCO and PASCO SCHOOL DISTRICT NO. 1
For
JOINT USE OF FACILITIES
THIS INTERLOCAL AGREEMENT is made and entered into this ___ day
of _____________, 2023, by and between the City of Pasco, Washington, a Municipal
Corporation, hereinafter referred to as "City" and the Pasco School District No. 1 in the
County of Franklin, State of Washington, hereinafter referred to as "District”, and
collectively referred to herein as “Parties.”
WITNESSETH
WHEREAS, the City and the District are mutually interested in supporting
programs for the community in the areas of athletics, recreation and education; and
WHEREAS, the City and the District each own and operate recreational and
educational facilities that may be available for the beneficial use of the other in
administering their athletic, recreation, and educational programs; and
WHEREAS, RCW Ch. 39.34 authorizes the City and District to enter into an
intergovernmental agreement for the use of property for extracurricular and recreational
purposes.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the Parties agree as follows:
1. Purpose. Pursuant to RCW 39.33.060, the City and the District are
authorized to contract for the use of their respective properties for other athletic,
recreation, and educational purposes. The purpose of this Agreement is to provide
guidelines for the use of the facilities and equipment that belong to the City or the
District by the other party in a manner that does not interfere with the specific
educational and/or recreational purposes for which the facility was intended.
2. Governance.
Page 45 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 2
A. The Administrative and Community Services Director or his/her
designee shall represent the City and the Assistant Superintendent of Business
and Operations, or his/her designee shall represent the District and each shall be
jointly responsible for administering this Agreement.
B. The designated Facility Administrator for the District is the
Executive Director of Maintenance and Operations (509-543-6713); and the
designated Administrator for the City is the Recreation Services Manager (509-
545-3456). Any facility problem or concern should be reported to those office’s
designees immediately or as soon as reasonably possible.
C. The Parties shall each have facilities use policies that detail the
day-to-day guidelines and procedures for operation of their respective facilities.
Rules governing priority of use for each party in the other’s facilities shall be
clearly delineated in rules and regulations adopted by each party
3. Use of Each Party’s Facilities by the Other Party.
A. The Parties, after their own sponsored programs & activities,
shall each give the other priority for facility use over other outside agencies
unless otherwise required to give priority through the terms of a previously
executed 3rd party contract as stated in the list of each party’s available facilities
referred in Section 3(D) below.
B. The City and the District shall provide an annual list or calendar
for requested use of the other’s facilities by a mutually agreed upon date. Both
parties shall timely respond to the list or calendar citing all conflicts with the
times requested by the other party.
C. The Parties shall not be charged for the use of the other party’s
facilities for recreational, curricular or extra-curricular purposes, unless
extraordinary staff labor or incremental costs are incurred and agreed upon by
the City and District in advance.
D. The Parties shall quarterly review a list of each party’s available
facilities, which may include, indoor and outdoor sports fields, courts, pools and
specialty facilities as well as meeting and workout rooms. The Parties will also,
under reasonable circumstances and notification, make available to the other,
equipment needed for events and programs.
E. Each party shall have the primary responsibility for the
maintenance of their own facilities and equipment which may be used by the
other party. The party using a facility or equipment shall be charged for damage
Page 46 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 3
or loss to equipment and/or facility, or extraordinary clean-up caused by
participants in activities sponsored by that party. The facility administration will
determine the actual cost of damage and bill the user for the expense of repair or
replacement. The Facility Administrator will be trusted to determine the cost of
damage and affix a fair cost to repair damage to facility and/or equipment.
F. The facilities that are used by the other party will be left in the
condition existing before said event, except that facility staff will clean and
maintain all areas.
G. If a facility becomes unusable due to breakdown or an extreme
maintenance issue each party shall use reasonable efforts to rectify the situation
or provide alternate facilities.
H. In administering the shared use of facilities, neither party may
waive nor take action affecting the recreational immunities as provided by RCW
4.24.210 without the prior written consent of the other party.
4. Scheduling of Activities and Cancellations.
A. The Owner of the facility reserves the final right to cancel any
scheduled use of such facility. When possible, in the event of cancellation of
use of facilities, other than for emergencies, sixty (60) days written or electronic
notice shall be provided.
B. Both parties agree that their use of the other party’s facilities will
comply with the rules and policies governing the use of the facility. Such rules
and policies will be communicated annually and will be reviewed with the user’s
responsible representative prior to or upon arrival at the facility.
C. For any additional requests beyond those delineated in the annual
list or calendar (See 3.B), both Parties will submit facility request forms to the
other at least ninety (90) days in advance of the anticipated use date.
1) District will submit facility use requests through the City
Recreation Website, www.pascoparksandrec.com
2) The City of Pasco will submit facility use requests to the
District by completing the Facility Use Form found on the
districts website www.psd1.org under “Community/
Facility Rental” and submitting it via email to
facilityuse@psd1.org
Page 47 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 4
Nothing in this section 4(C) shall prevent either party from approving
requests at any time prior to an event if a facility is not otherwise reserved.
5. Security. Both Parties recognize the importance of proper security and
acknowledge responsibility for buildings/site security before, during and after events.
Facility Administrators will report any suspicious activity to the police. Facility
Administrator, or Recreation Services Manager, or their designee will make sure any
building is unoccupied after activity and that all participants have exited the building
and make sure that the building is secure upon his or her departure of the said facility.
6. Costs and Fees.
A. User fees may be set for programs and activities that either party
schedules in facilities of the other party. The scheduling party shall retain such
fees as revenue.
B. Extraordinary costs incurred by the District for City activities or
City for District activities must be defined as such in advance; then billed
accordingly. These costs will include actual custodial or groundskeeper
overtime rates, rental of equipment, extended operational costs, etc. Upon such
advance notice, each party will pay overtime for custodians for events which
encompass high traffic and high use of facility.
C. In allowing for the joint use of each party’s facilities, the parties
intend that such use and/or development shall not cause any additional non-
reimbursed direct or indirect costs or liability or degradation of property for the
owner of the facilities. It is the intent of the parties that all other agreements
entered into between the parties pursuant to this provision shall be consistent
with this Agreement including this section and shall be construed accordingly.
7. Indemnification. The City shall defend, indemnify and hold harmless
the District, its officers, employees, and agents from any and all costs, claims, judgment
or awards of damages arising out of or in any way resulting from negligent acts or
omissions of the City, its officers, employees or agents in the performance of this
Agreement.
The District shall defend, indemnify and hold harmless the City, its officers,
employees, and agents from any and all costs, claims, judgments or awards of damages
arising out of or in any way resulting from negligent acts or omissions of the District, its
officers, employees or agents in the performance of this Agreement.
Page 48 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 5
The City and the District shall each either maintain commercial comprehensive
general liability policies or shall maintain self-insurance liability coverage through their
respective coverage and membership in self-insurance pools.
8. Amendments. This Agreement may be amended at any time by the
mutual consent of the Parties expressed by the adoption of appropriate resolution by the
governing body of each party.
9. Term and Termination. This Agreement shall commence upon the
date of execution and continue for a period of ten (10) years thereafter. The term of this
Agreement shall be automatically renewed for additional five-year terms unless either
party hereto notifies the other of its intent not to renew at least one-hundred and eighty
(180) days prior to the end of the term.
Early Termination.
A. Without Cause. Either party may terminate this agreement for any
reason by giving the other party one-hundred and eighty (180) days
advance written notice sent via certified mail to the address and contact
information listed in section 12 below. Notification will be considered
delivered upon receipt of certified delivery slip or 3 days after postmark
date of its intention to terminate to the other party.
B. With Cause. Should either party be found in breach of this agreement,
notifications will be sent via certified mail to the address and contact
information listed in section 12 below. Notification will be considered
delivered upon receipt of certified delivery slip or 3 days after postmark
date. The breaching party will have 30 days from notification to remedy
the breach and failure to remedy the breach will give rise to termination
for cause at the non-breaching party’s discretion.
10. Interlocal Cooperative Act Provisions. The financing of the
recreational facilities, improvements and maintenance of these cooperative undertakings
to each of their respective portions of the premises shall be the responsibility of the City
and District. It is not intended that a separate legal entity shall be established to conduct
the cooperative undertakings, nor is the acquiring, holding or disposing of real or
personal property anticipated, nor is there a need for any special budget or funds to be
created. The parties do not intend to purchase or hold any real or personal property
Page 49 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 6
related to this Agreement, which will require transfer of ownership at any time nor on
termination or expiration of this Agreement.
11. Conflict Resolution. In the event the City and District’s representatives
cannot agree regarding the development and improvement, maintenance or modification
of the joint facility, the City Manager and the District Superintendent shall make the
final decision.
If either party believes that the other party is not fulfilling the performance
obligations established by this Agreement, that party shall give written notice of its
complaint to the other. The party receiving the complaint shall within thirty (30) days
deny the complaint, correct the situation and/or respond in writing, explaining the
mitigating circumstances or why a remedy cannot be achieved.
If the City Manager and the District Superintendent are unable to resolve the
complaint, the matter may be referred for dispute resolution in a manner mutually
agreed by the parties.
Nothing in this section 11 shall prevent either party from asserting the right to
pursue termination in section 9(B) above.
12. Notices. All notices required to be given under this Agreement shall
be in writing and shall be deemed served when mailed via certified mail, return receipt
requested, to the attention of the individual or position identified below. The Parties
may, upon mutual agreement, determine to accept notice via email.
City of Pasco:
Director of Administrative & Community Services
City of Pasco
525 North 3rd
Pasco WA 99301
Pasco School District No. 1:
Raul Sital, Assistant Superintendent of Operations
1215 W. Lewis Street
Pasco, WA 99301
E-Mail: rsital@psd1.org
13. Filing/Recording. Upon execution of this Agreement by authorized
representatives of each of the Parties, this Agreement shall be filed with the Franklin
Page 50 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 7
County Auditor, or, alternatively, listed by subject on a party’s website or other
electronically retrievable public source as provided by RCW 39.34.040.
14. Authority for Execution. Each of the Parties warrants and represents
that its representatives, whose signature are below, possess all required authority to sign
this Agreement and such powers have not, as of the date of this Agreement, been
revoked or revised.
<<Signatures on next page>>
Page 51 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 8
IN WITNESS WHEREOF, the undersigned have full authorization on behalf
of the parties and have executed this Agreement on the year and date set forth above.
CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1
________________________________ ________________________________
Adam Lincoln, City Manager Michelle Whitney, Superintendent
Attest:
________________________________
Debra Barham, CMC
City Clerk
Approved as to Form:
________________________________
Kerr Ferguson Law PLLC, City Attorney
________________________________
Sarah Thornton, Attorney for District
Page 52 of 103
Interlocal Agreement City/Pasco School District No. 1
Joint Use of Facilities - 9
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Adam Lincoln, 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 _____________,
2023.
____________________________________________
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 Michelle Whitney, Superintendent of
Pasco School District No. 1, to be known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that she signed the
same as her free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this _____ day of _____________,
2023.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 53 of 103
AGENDA REPORT
FOR: City Council August 25, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 8/28/23
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: American Rescue Plan Act Updates
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
NA
IV. HISTORY AND FACTS BRIEF:
On March 11, 2021, the President of the United States signed into law the
American Rescue Plan Act (ARPA), which included $350 billion in federal fiscal
recovery aid to state, local, territorial, and Tribal governments. The City of Pasco
was allocated $17,400,000 in ARPA funding.
Several projects have been approved by the City Council, many of which have
been completed or will require full expenditure of approved funds. These projects
include:
• Business Assistance
• Utility Assistance (garbage, water, sewer, and electricity)
• Resource Specialist and Navigator Positions
• Water System Improvements (resulted in offsetting utility rate increases)
• MLK Center Remodel
Prompt Council action through these efforts has impacted the lives of all Pasco's
residents and businesses.
Page 54 of 103
Inclusion of the Boys and Girls Club as a potential ARPA beneficiary would
slightly exceed the City's $17.4 million allocation of the ARPA funds.
V. DISCUSSION:
The city has expended approximately 40% of the City's ARPA allocation. MLK
Center and Boys and Girls Club allocations require further discussion and
approvals from the Council.
MLK Center Remodel
The City successfully secured $900K of State appropriation and $3 million of
federal funding. This project is estimated to cost up to $6.5 million, and $2.5
million of ARPA funds have been earmarked to support this critical quality -of-life
project. Additionally, staff are exploring partnership opportunities to enhance
services. Architectural and Engineering services for the remodel and expansion
of the Martin Luther King Community Center are being secured. Input from the
community and Council will define the scope of the project and a firmer cost
estimate for it.
Facility Improvements - Boys & Girls Club
This City-owned property is used to provide education and childcare services.
City staff completed a site evaluation with the tenant (Boys & Girls Club) and
identified improvements for safety, security, and longevity/expansion of facility
and services (see attachment). The project is estimated to cost up to $1.26
million, ARPA funding has been identified as the main funding source for the
improvement of this invaluable community asset. Staff will continue the
exploration of the project and come to the Council for further guidance.
Page 55 of 103
Pasco City Council Meeting
August 28, 2023Page 56 of 103
ARPA Updates
•Received: $17,464,312
•Funding needs to be expended by December 31st, 2026.
•39% of funding expended.
•All funds scheduled to be expended by federal deadline.
•Expenditures will be accelerated with capital projects construction
schedule.
•Allocation of funding for MLK and Boys & Girls Club need additional
discussion.Page 57 of 103
2021 in Review
2021 Projects Allocation Actual
Water System Improvements $9,000,000 In Progress
Business Assistance
Program
$1,915,000 $1,915,000
Utility Assistance Programs $1,060,000 $1,146,162
Community Resource
Specialist
$450,000 In Progress
o Capital water projects that expand capacity of the existing water utility
system.
o Support provided to 89 small businesses.
o Utility assistance program assisted over 4,000 utility customers during the
pandemic.
o Resource Specialist position continues to provide general support to
residents and across city-departments in communications and engagement.Page 58 of 103
2022 in Review
◦Staff are researching expansion of Navigator Program due to its success.
◦Architectural and Engineering services for the remodel and expansion for Martin
Luther King Community Center being secured.
◦Continuing discussions with Boys and Girls Club to improve the facility they are
currently housed in.
2022 Projects Allocation Actual
Pasco Resource
Navigator Program
$625,000 In Progress
Boys & Girls Club
Improvements
$1,260,000 Pending
MLK Center Renovation $2,500,000 PendingPage 59 of 103
2023 Projects
2023 Projects Allocation Actual
WSU Workforce
Development
$20,000 In Progress
Outdoor Dining &
Lighting
$100,000 In Progress
PSK Improvements $500,000 In Progress
•6 community members have received scholarship from WSU
workforce development program to enhance their skills.
•Outdoor furniture has been purchased and is in use.
•Staff currently working with consultants to create parklet how -to
guide and launch first pilot parklet at PSK.
•PSK improvements include installation of third take-out window,
upgraded equipment, technology and security upgrades, and
updated HVAC.Page 60 of 103
YEARPROJECT/ITEMALLOCATIONEXPENSES TO DATE
2021Pasco Chamber of Commerce$1,915,193 $1,915,193
2021Franklin PUD/City of Pasco$1,050,000 $1,094,837
2021BDI$110,000 $51,325
2021Resource Specialist$450,000 $133,821
2021Water System Improvements $9,000,000 $3,496,951
2022Resource Navigator$625,000 $10,500
2022Workforce Training$20,000 $7,700
2023PSK Improvement$500,000 $92,880
2023Outdoor Dining/Lighting$100,000 $12,170
2022Boys & Girls Club Improvements*$1,260,000
2022MLK Center Remodel*$2,500,000
Total $17,530,193 $6,815,377
*Further Council discussions and approvals neededPage 61 of 103
Pasco City Council Meeting
August 28, 2023Page 62 of 103
AGENDA REPORT
FOR: City Council August 23, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 8/28/23
FROM: Jesse Rice, Interim Director
Administrative & Community Services
SUBJECT: Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust Devils)
Lease Renewal at GESA Stadium
I. REFERENCE(S):
Draft Resolution
Draft Lease
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Revenue: First year $35,734.34, with annual increase during lease term
IV. HISTORY AND FACTS BRIEF:
Beginning in 2008, the current agreement between the City of Pasco and NW
Baseball Ventures I, LLC (ownership entity for the Tri-City Dust Devils Baseball
Team) was established and outlines lease perimeters for GESA Stadium. This
agreement was subsequently amended and extended to December 31, 2022.
Both parties have identified a need to modernize the complete lease agreement;
however, both the COVID-19 Pandemic, along with a change in both league and
affiliation has delayed the time each party will need to discuss a new agreement.
At the May 2022 meeting, Council approved Resolution No. 4184 extending the
lease through a fourth amendment to the lease through December 2023. It is
agreed, based on the Force Majeure option outlined in Section 17.16 of the
lease, to extend the lease, through a fourth (4th) amendment, for an additional
year, ending on December 31, 2023.
V. DISCUSSION:
Page 63 of 103
City staff completed its negotiations with representatives from Northwest Baseball
Ventures I, LLC and the draft lease agreement is attached for Council review. The
draft lease agreement includes updated language to meet the alignment with Major
League Baseball's requirement for Professional Development League licensing of
Northwest Baseball Ventures I LLC's, Tri-Cities Dust Devils.
The lease agreement includes an initial term for 10 years, with one 10 -year
renewal option. The initial lease term include the following annual Rent payments
due to the City.
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
1/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32 $39,082.13
1/1/33 to 12/31/33 $39,472.95
The lease terms also includes Additional Rent be paid to the City for each Lease
Year (beginning with the Lease Year commencing January 1, 2024) of five percent
(5%) of all base ticket revenues associated with the use and operation of the
Premises by Tenant, in excess of $900,000.
Staff seeks Council's comments regarding the proposed draft lease agreement.
Upon Council approval staff seeks permission to enter into the lease agreement
via attached Resolution.
Page 64 of 103
Resolution – 2024 GESA Stadium Lease - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A 10-YEAR LEASE
BETWEEN NORTHWEST BASEBALL VENTURES I, LLC AND THE CITY
OF PASCO FOR GESA STADIUM.
WHEREAS, the City of Pasco (City) entered into a Lease with Northwest Baseball
Ventures I, LLC, at GESA Stadium, the “Premises,” dated January 1, 2008, and terminating the
term of the Lease to December 31, 2017; and
WHEREAS, a first amendment was executed to the Premises Lease on June 2, 2008,
amending certain terms of the Lease Agreement; and
WHEREAS, a second amendment to the Premises Lease was executed on January 22,
2015, amending the annual rent fees; and
WHEREAS, a third amendment to the Premises Lease was executed on December 22,
2016, extending the Lease term for another five years to expire on December 31, 2022; and
WHEREAS, a fourth amendment was approved by Resolution No. 4184 to extend the
Lease through December 31, 2023; and
WHEREAS, the City and the Northwest Baseball Ventures I, LLC staff have completed
negotiations on a new 10-year Lease, with one 10-year Lease extension option.
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a lease with
Northwest Baseball Ventures I, LLC for GESA Stadium.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions of
the new GESA Stadium Lease between Northwest Baseball Ventures I, LLC and the City of Pasco;
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Lease on behalf of the City of Pasco; and to
make minor substantive changes necessary to execute the Lease.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 65 of 103
Resolution – 2024 GESA Stadium Lease - 2
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this ___ day of _____________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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BASEBALL STADIUM LEASE
THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this _____ of
____________, 2023, by and between the CITY OF PASCO, a Washington municipal corporation
("City''), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability
company (the "Tenant").
RECITALS:
City owns certain real property in Franklin County, Washington, legally described in Exhibit A
attached hereto (the "Property"), upon which City has constructed a baseball stadium and related
improvements (the "Baseball Stadium"). Tenant desires to lease from City, and City agrees to
lease to Tenant, the Property and Baseball Stadium (collectively the "Premises") on the terms and
conditions set forth herein. This Lease is intended to supersede and replace in its entirety that
certain Baseball Stadium Lease entered into by City and Tenant dated January 14, 2008 (the "2008
Lease") and subsequent amendments thereto. By executing this Lease, City and Tenant agree that
the 2008 Lease shall be terminated effective _____________.
NOW, THEREFORE, City and Tenant hereby agree:
I. BALLPARK LEASE AND CONSTRUCTION GUIDELINES
City leases to Tenant and Tenant leases from City, in accordance with the terms hereof, the
Premises (including the Baseball Stadium located thereon).
A. Tenant acknowledges that the City is a public entity and is subject to the Public
Records Act, RCW 42.56, and further, that the terms of this agreement are
subordinate to those provisions and confidential information given to the City is
potentially subject to disclosure upon request. The City will make its best efforts
to avoid unnecessary disclosure but will fully comply with the provisions of RCW
42.56 or other laws as applicable, and further, will attempt to provide enough
advance notice to MLB PDL and Tenant of a request for public records related to
this Lease so as to allow an opportunity for MLB PDL and the Tenant to seek a
protective order. The City will not be liable for any damages to MLB PDL and
the Tenant as a result of the City’s reasonable efforts to comply with RCW 42.56
or other applicable laws.
B. Any contrary provisions contained herein notwithstanding:
a. This Lease and any rights granted to City or Tenant
hereunder shall in all respects be subordinate to the PDL
Rules and Regulations, as long as Tenant is party to the Tri
City Dust Devils PDL License Agreement that is in effect.
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The issuance, entering into, amendment or implementation
of any of the PDL Rules and Regulations shall be at no cost
or liability to any MLB PDL Entity or to any individual or
entity related thereto, or to City. The territory within which
City is granted rights under this Lease is limited to, and
nothing herein shall be construed as conferring on City rights
in areas outside of, the PDL Club Marketing Territory (as
defined in the Tri City Dust Devils PDL License
Agreement). No rights, exclusivities or obligations
involving the Internet or any interactive or on-line media (as
defined in the applicable PDL Rules and Regulations) are
conferred by this Lease, except as are specifically approved
in writing by MLB PDL.
b. City agrees that if the date upon which any termination or
suspension of this Lease falls during the regular season or
postseason, the effective date of such termination or
suspension shall be the first day of the month following the
final home game of such season, and, in no event, shall City
terminate or suspend Tenant’s rights under this Lease during
any regular season or postseason.
c. If, at any time prior to the expiration of the term of this
Lease, this Lease is terminated by City for any reason (and
any legal action challenging the right of City to terminate
this Lease and seeking specific performance has either been
(i) finally adjudicated by a court of competent jurisdiction as
evidenced by a final non- appealable order or (ii) settled,
withdrawn or otherwise concluded, in either case solely with
respect to the request for specific performance) and the Tri
City Dust Devils PDL License Agreement has been
terminated, City agrees to offer to assign this Lease to any
replacement PDL Club identified by MLB PDL to the extent
that such PDL Club is reasonably acceptable to City. To the
extent that this Lease is not so assigned, City agrees to meet
promptly with MLB PDL to work together to ascertain
whether a replacement PDL Club can be identified, and if
such a PDL Club is so identified, City shall offer to lease the
Premises to such PDL Club.
d. As long as Tenant is party to the Tri City Dust Devils PDL
License Agreement that is in effect, MLB PDL is an
intended third party beneficiary of the provisions of this
Section I and each other provision in this Lease that prohibits
action without first obtaining PDL Approval and, in addition
to its right to waive or enforce the provisions of this Section
Formatted: Highlight
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I, MLB PDL shall be entitled and have the right to waive or
enforce such other provisions that prohibit action without
first obtaining PDL Approval directly against any party
hereto (or their successors and permitted assigns) to the
extent that any such other provision is for the explicit benefit
of MLB PDL or any other MLB PDL Entity.
e. Neither MLB PDL nor any other MLB PDL Entity shall
have any liability whatsoever to any Person for actions
taken pursuant to this Section I (other than for fraudulent
acts or willful misconduct with respect to this Section I by
MLB PDL), and City hereby releases MLB PDL and each
other MLB PDL Entity from any and all claims arising out
of or in connection with any such actions. Nothing
contained in this Lease shall create any duty on behalf of
MLB PDL or any other MLB PDL Entity to any other
Person.
II. DEFINED TERMS.
“Club” means the professional baseball club currently known as the Tri City Dust Devils.
“Commissioner” means the Commissioner of Baseball as elected under the Major League
Constitution or, in the absence of a Commissioner, any Person or body succeeding to the powers
and duties of the Commissioner pursuant to the Major League Constitution.
“Major League Baseball” or “MLB” means, depending on the context, any or all of (a) the Office
of the Commissioner of Baseball, each other MLB PDL Entity and/or all boards and committees
thereof and/or (b) the Major League Clubs acting collectively.
“Major League Baseball Club” or “Major League Club” means any professional baseball club that
is entitled to the benefits, and bound by the terms, of the Major League Constitution.
“Major League Constitution” means the Major League Constitution adopted by the Major League
Clubs as the same may be amended, supplemented or otherwise modified from time to time in the
manner provided therein and all replacement or successor agreements that may in the future be
entered into by the Major League Clubs.
“MLB PDL” means, depending on the context, any or all of (i) MLB Professional Development
Leagues, LLC, a Delaware limited liability company, and/or (ii) the boards, committees and
subcommittees related thereto.
“MLB PDL Entity” means each of MLB PDL, the Office of the Commissioner of Baseball, MLB
Advanced Media, L.P. and/or any of their respective present or future affiliates, assigns or
successors.
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“PDL Approval” means, any approval, consent or no-objection letter required to be obtained from
MLB PDL or any other MLB PDL Entity pursuant to the PDL Rules and Regulations.
“PDL Club” means a professional baseball club participating in the Professional Development
League System pursuant to a player development license agreement between the owner of such
club and MLB PDL pursuant to which such owner has been granted the right to participate in the
Professional Development League System.
"PDL Facility Standards” means the facility standards required by MLB PDL with respect to the
condition, design, maintenance, operation and upkeep of the Baseball Stadium’s physical facilities
(including the playing field) as set forth in the PDL Rules and Regulations and as may be amended or
modified from time to time.
“PDL Governance Agreement” means that certain Professional Development Leagues
Governance Agreement, effective as of February 12, 2021 by and between MLB PDL and each
Club, as may be amended, modified, supplemented or restated from time to time.
“PDL Governing Documents” means the following documents as in effect from time to time and
any amendments, supplements or other modifications thereto and all replacement or successor
documents thereto that may in the future be entered into: (i) the Major League Constitution, (ii)
the Major League Rules (and all attachments thereto), (iii) the PDL Operating Guidelines, (iv) the
PDL Governance Agreement and (v) the PDL License Agreements.
“PDL License Agreement” means each player development license agreement entered into
between a PDL Club and MLB PDL pursuant to which such PDL Club has been granted the right
to participate in the Professional Development League System, including, without limitation, the
Tri City Dust Devils PDL License Agreement.
“PDL Rules and Regulations” means (i) the PDL Governing Documents, (ii) any present or future
agreements or arrangements entered into by, or on behalf of, MLB PDL or any other MLB PDL
Entity or the Major League Clubs acting collectively that are specifically related to or generally
applicable to the Professional Development League System or the PDL Clubs, including, without
limitation, agreements or arrangements entered into pursuant to the PDL Governing Documents,
and (iii) the present and future mandates, rules, regulations, policies, practices, bulletins, by-laws,
directives or guidelines issued or adopted by, or on behalf of, the Commissioner, MLB PDL or
any other MLB PDL Entity as in effect from time to time that are specifically related to or generally
applicable to the Professional Development League System or one or more of the PDL Clubs.
“Professional Development League System” means a system of professional baseball leagues
comprised of professional baseball clubs that compete at different levels and serve to assist with
the development of players for Major League Baseball Clubs.
“Tri City Dust Devils PDL License Agreement” means that certain player development license
agreement entered into between Tri-City Dust Devils and MLB PDL pursuant to which the Club
has been granted the right to participate in the Professional Development League System.
III. USES
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A Uses.
1. Use. Subject to Section III.A.3, Tenant shall have the exclusive and
unrestricted right to use and operate the Premises for any baseball or non-
baseball events that Tenant sponsors or that Tenant allows third parties to
sponsor. Tenant shall operate the Premises in a sound and professional
manner. The Premises shall be a public facility, and the seating, parking,
concession stands, restroom facilities, and other specified areas thereof shall
be open to the public, subject to reasonable admission fees and other
reasonable restrictions. Notwithstanding the foregoing, Tenant may not use
the Premises, or permit any other person or entity to use the Premises, for
any improper, immoral or unlawful purpose, for a use or purpose
inconsistent with applicable zoning or the primary use of the Premises for
professional baseball purposes, or for any use that would constitute a public
or private nuisance or would make void or voidable any insurance then in
force with respect to the Premises. Tenant also may not use the Premises,
or permit any other person to use the Premises, for flea markets, bazaars, or
similar events for the sale of used or second-hand items.
2. Baseball Equipment. This Lease includes the right of Tenant to use at the
Premises the baseball equipment identified in Exhibit B attached hereto (the
“Equipment"). City makes no warranty or representation concerning the
condition of such Equipment. Tenant agrees to maintain such Equipment in
good working condition (reasonable wear and tear excepted) and to replace
items of Equipment as reasonably necessary. Upon the expiration of the
Term (as defined below) of this Lease all items of Equipment, including
replacements thereof, shall belong to City, provided that with respect to
replacements that are less than two (2) years old as of the date of expiration
of the Lease, such replacements shall become the property of the City only
if the City reimburses Tenant for the unamortized cost incurred by Tenant
to purchase such replacements, based upon an amortization period of the
lesser of sixty (60) months or the useful life of such replacements.
3. Other Uses. Subject to the scheduling provisions set forth in this Lease and
the PDL Rules and Regulations, City shall have the right to use the Premises
for up to five (5) community events sponsored by City (each a "Community
Event") per calendar year during the Term, including a 4th of July fireworks
display. Each day of a multi-day Community Event shall count as one
Community Event. Tenant shall, subject to the PDL Rules and Regulations,
allow community baseball events and baseball events sponsored by local
colleges and universities to take place in the Baseball Stadium at the lowest
reasonable rental rate possible, and subject to the availability of the
Baseball Stadium. Such baseball events shall not be deemed Community
Events. Non-baseball events sponsored by Tenant or by third parties and
Community Events shall, collectively, be "Other Events." Tenant shall
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operate the Baseball Stadium during Community Events and City shall
reimburse Tenant for Tenant's reasonable actual out-of-pocket cost of
operating the Baseball Stadium during such events, including utility costs.
B. Exclusive Rights. Tenant shall have the exclusive right during the Term to do the
following:
1. To use the Premises (including the locker rooms) for professional baseball
purposes and to conduct Other Events permitted by this Lease;
2. To allow third party sponsors to use the Premises to conduct Other Events
permitted by this Lease;
3. To use the baseball team office located within the Premises.
4. To use the storage facilities dedicated to the baseball team and its equipment;
5. To solicit advertisement to be located on the interior walls of the Baseball
Stadium, including without limitation, those to be located on the scoreboard,
and to solicit advertisements to be located on that portion of the exterior walls
of the Baseball Stadium, other than above the concourse area, without City’s
prior consent. Advertisements that occur inside or on the exterior walls of
the Stadium may not include or connote adult content, firearms or tobacco.
City may place signage within the Baseball Stadium announcing upcoming
City functions and events with Tenant’s prior consent, which consent shall
not be unreasonably withheld.
6. To direct all aspects of the operation, management and control of the
Premises, except as expressly set forth in this Lease;
7. To sell food, drink and souvenir concessions (collectively "Concessions")
to patrons of the Premises during baseball games or Other Events, subject
to the provisions contained in Section IX below, and to retain all revenues
therefrom; and
8. To use the press box area during baseball games, and during all Other
Events sponsored by Tenant or third parties taking place within the Baseball
Stadium. Public address equipment provided by Tenant shall be available
for the use by City for Community Events, provided such public address
equipment is operated by an employee or designee of Tenant or an
employee or designee of City trained to use such equipment and approved
by Tenant (such approval not to be unreasonably withheld). If the public
address equipment is operated by an employee or designee of Tenant for a
Community Event, City shall reimburse Tenant for the reasonable actual
costs to make such employee or designee available to operate such
equipment.
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C. Scheduling. On or before September 1st of each calendar year, beginning
September 1, 2023 City shall deliver to Tenant a schedule of the soccer tournaments
to be held during the next calendar year in the playing fields adjacent to the Baseball
Stadium. Tenant shall use its best efforts to prevent the Northwest League (the
"Northwest League") from scheduling a Minor League Baseball game in the
Baseball Stadium on a date that a soccer tournament will be held in the playing
fields adjacent to the Baseball Stadium. If a Minor League Baseball game is
scheduled in the Baseball Stadium on the date of a soccer tournament, Tenant shall
schedule such baseball game as a night game. To the extent that the Northwest
League schedule for the next calendar year has not already been set, Tenant shall
request that MLB PDL not schedule Tenant home games on a date that a soccer
tournament will be held in the playing fields adjacent to the Baseball Stadium. If a
Minor League Baseball game is scheduled on the date of a soccer tournament,
Tenant will request that such baseball game be a night game. City shall submit a
request to Tenant to use the Baseball Stadium for a Community Event at least thirty
(30) days before the proposed date of the Community Event, Tenant shall make
reasonable efforts to accommodate City's scheduling requests for Community
Events. Tenant shall also make reasonable efforts to accommodate other soccer
tournaments in the playing fields adjacent to the Baseball Stadium (in addition to
those designated under the first sentence of this Section) if requested by City.
In addition to the foregoing, Tenant shall request that MLB PDL not schedule a
baseball Minor League Baseball game at the Baseball Stadiumor Other Event on
the 4th of July. To the extent that no Minor League Baseball game is scheduled at
the Baseball Stadium on the 4th of July, , and the Baseball Stadium shall be
reserved for the City's 4th of July fireworks display and no Other Event shall be
scheduled by Tenant on such date. To the extent that a Minor League Baseball
game is scheduled at the Baseball Stadium on the 4th of July, Tenant shall request
that such baseball game be a day game.
IV. TERM.
A. Term. The term of this Lease shall commence on ___________ (the "Effective
Date"), and shall expire on December 31, 2033, unless extended pursuant to
Section IV.B below (the "Initial Term").
B. Extension Option. Tenant shall have one (1) option to extend the Initial Term for
ten (10) years, subject to the terms provided herein (the "Extension Term"). The
Extension Term together with the Initial Term are referred collectively as the
"Term".
1. If, at the time of exercise, Tenant has performed all Tenant's covenants and
is not in default under any of the terms of the Lease beyond any applicable
cure period, then Tenant, on giving written notice to City not earlier than
twenty-four (24) months, and not later than eighteen (18) months prior to
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the last day of the Initial Term of the Lease, shall have the right to extend
the Initial Term of the Lease for an additional term of ten (10) years upon
the same terms and conditions as contained in the Lease, except for the Rent.
The Extension Term shall commence on the day immediately succeeding
the last day of the Initial Term of the Lease and shall end at midnight on the
day immediately preceding the tenth anniversary of the first day of the
extended term unless sooner terminated in accordance with the provisions
of the Lease. The Rent during the Extension Term shall be mutually agreed
upon between City and Tenant no later than twelve (12) months prior to the
last day of the Initial Term of the Lease. If City and Tenant have not
mutually agreed on the Rent at least twelve (12) months prior to the last day
of the Initial Term, then the exercise of the extension option shall be deemed
to be ineffective, and this Lease shall automatically terminate on the last
day of the Initial Term.
V. RENT, ADDITIONAL PAYMENTS.
A. Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"):
Period Annual Rent Annual Rent
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
l/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32
1/1/33 to 12/31/33
$39,082.13
$39,472.95
Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301,
Attention: City Treasurer ("City's Address"). Tenant shall pay Rent in a lump sum
annually on or before June 15 of each calendar year during the Term. Tenant shall
pay a late service charge on all past due rent at the rate of five percent (5%) per
month, but in no event higher than the legal limit. The Rent specified in this Section
V.A includes the leasehold excise tax which is payable in accordance with Chapter
82.29A RCW (the Leasehold Tax"). Tenant shall pay the Rent to City, and City
will forward to the State of Washington as required by law that portion of the Rent
which is allocable to the Leasehold Tax.
If City raises the admission tax on tickets to view events in the Baseball Stadium
above two and one-half percent (2.5%), the Rent set forth above shall be reduced
on a dollar-for-dollar basis for each year the dollar amount of admission taxes
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collected by Tenant for such year in excess of 2.5% of the price of each ticket sold.
In the event Tenant has already paid Rent, City shall refund to Tenant a portion of
the Rent overpaid as a result of the application of this provision.
B. Additional Rent.
1. Tenant shall pay City as additional rent ("Additional Rent") for each Lease
Year (beginning with the Lease Year commencing January 1, 2024) five
percent (5%) of all base ticket revenues associated with the use and
operation of the Premises by Tenant, in excess of $900,000. "Base ticket
revenues" shall mean the base ticket revenues for all paid tickets to attend
and/or view events sponsored by Tenant. Base ticket revenues shall be the
actual revenues generated by all ticket sales, exclusive of (i) revenues to pay
admission taxes; (ii) trade and complementary tickets; and (iii) the MLB
ticket tax as set forth in Schedule 2 attached heretothe Annual Fee, as
defined in the Tri City Dust Devils PDL License Agreement. The sum of
(i), (ii), and (iii) under this Section IV(B)(1) shall not exceed 10% of base
ticket revenues hereunder. If Tenant packages tickets with other goods
and/or services (e.g., hot dogs, soft drinks, etc.), base ticket revenues shall
be calculated only on that portion of revenues reasonably allocated to the
tickets to view the event, which will in no case be less than fifty percent
(50%) of the face value of the ticket. If Tenant sells tickets at a discount
from their face value, base ticket revenues shall be calculated from the
discounted price of such tickets. Ticket revenues based on season or
advanced ticket sales shall be deemed "collected" by Tenant for purposes
of determining Additional Rent on the respective dates that events covered
by such tickets actually occur. No Additional Rent shall be payable for
Community Events or "free" events if Tenant is merely reimbursed its
reasonable costs to make the Premises available for such event. For
purposes of calculating Additional Rent, a Lease Year shall be the 12-month
period from January 1 to the next December 31.
2. With respect to Other Events at the Premises sponsored by a third party,
Tenant shall pay City as Additional Rent ten percent (10%) of the net
sublease/license fees paid to Tenant by the third party to use the Baseball
Stadium for such Other Event. Net sublease/license fees shall be the
sublease/license fees paid to the Tenant with respect to such Other Event,
less the reasonable and actual costs and expenses incurred by Tenant with
respect to such Other Event.
3. On or before November 1, of each year, Tenant shall remit to City a
summary events reconciliation statement for the year to date and including
the entire baseball season. The reconciliation statement shall set forth ticket
sales for all events sponsored by Tenant and net sublease/license fees paid
to Tenant by third parties during such year to date. If as a result of such
statement Additional Rent is due, such Additional Rent shall be paid
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simultaneously with the delivery of such statement. If Tenant or a third-
party sponsors Other Events in such year after the effective date of the
reconciliation statement, then within ten (10) days after such Other Event,
Tenant shall remit to City a reconciliation statement for such Other Event
and pay any Additional Rent (if any) due as a result of such Other Event.
4. Tenant shall maintain documentation and records verifying the ticket sales
for each event held within the Baseball Stadium sponsored by Tenant and
net sublease/license fees for each event held within the Baseball Stadium
sponsored by a third party for a period of two (2) years after the date of such
event. Upon written request by City, Tenant shall make such documentation
reasonably available for an audit by City, or its duly authorized
representatives, to verify the accuracy of the Additional Payments remitted
by Tenant.
5. If the Additional Rent is included in contract rent for purposes of calculating
the Leasehold Tax, City shall pay such Leasehold Tax, including all
applicable penalties and interest thereon, from the Additional Rent remitted
by Tenant and the Additional Rent shall be deemed to have been reduced
by the amount of such Leasehold Tax.
6. Tenant shall include in all written agreements with third parties that sponsor
Other Events, the right of City to audit such third parties' records regarding
payment of sublease/license fees.
VI. UTILITIES.
A. Utilities.
1. Utility Charges. Tenant shall pay or cause to be paid when due, and shall
indemnify, protect and hold harmless City and the Premises from all charges
for public or private utility services to the Premises during the Term,
including without limiting the generality of the foregoing, all charges for
heat, light, electricity, potable water, gas, telephone service, garbage
collection and sewer and drainage service. Notwithstanding the foregoing,
the City shall provide un-metered irrigation water to Tenant at no cost to
Tenant.
2. Interruptions of Utility Services. City shall not be liable to Tenant in
damages or otherwise (i) if any utility shall become unavailable from any
entity (including City) supplying or distributing such utility, or (ii) for any
interruption in any utility service (including, without limitation, any
heating, air-conditioning or sprinkler) caused by the making of any
necessary repairs or improvements or by any cause, and the same shall not
constitute a termination of this Lease or an eviction of Tenant. If any utility
service, used at the Premises and for which City is responsible, shall be
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interrupted, City shall restore such utility service as soon as practical.
VII. CONDITION OF PREMISES; IMPROVEMENTS.
A. Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in
its current "as is, where is" condition. Tenant acknowledges the opportunity prior
to its execution of this Lease to conduct a thorough inspection of the Premises.
B. Air Conditioning. The air conditioning, previously installed by Tenant in the
"home team" clubhouse/locker room, is part of the Premises, and during the Term
shall be maintained by Tenant at Tenant's cost. Upon expiration or earlier
termination of this Lease, the air conditioning equipment shall become the property
of City, without additional cost or expense to City.
C. City and Tenant agree to work together with the understanding that the Baseball
Stadium become MLB compliantcompliant with all the PDL Facility Standards by
April 2025March 2024.
D. Tenant will invest up to at least $330,000 for the construction of a new climate-
controlled weight room at the Baseball Stadium. The building will become the
property of City. The City will issue Tenant a $16,500 credit against the base rent
for each year of the Initial Term of Lease in Tenant’s efforts of with respect to
making the Baseball Stadium MLB compliantbringing the Baseball Stadium into
compliance with the PDL Facility Standards.
E. If there are any additional improvements (not otherwise contemplated in Subsection
VII.D above) required to bring the Baseball Stadium into compliance with the PDL
Facility Standards, the City will issue Tenant a yearly rent credit equal to fifty (50)
percent of the invoice cost of the improvement(s) and: 1) to be amortized over the
remaining term of this Lease (excluding the partial year of the improvement); and
2) not to exceed $10,000 per year in total rent credits under this Subsection VII.E.
The improvement(s) will become property of City. By way of example, if an
improvement is required under this Subsection VII.E at an invoice cost of $96,000,
and there are 6 years remaining on this Lease (excluding the partial year of the
improvement), the City will issue Tenant a rent credit equal to $8,000 per year for
the remainder of this Lease calculated as follows: [$96,000 X 50% = $48,000;
$48,000/6 years = $8,000 rent credit per year]. If there are subsequent additional
improvements needed under this Subsection VII.E costing $48,000 (with 4 years
remaining on this Lease), the City will issue Tenant a total rent credit of $10,000
per year for the remaining 4 years of this Lease because the annual rent credit under
this Subsection VII.E is capped at $10,000 per year.
VIII. REPAIRS AND MAINTENANCE.
A. City Obligation. City shall, at its own cost and expense, maintain and repair all
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structural portions of the Premises in a good and safe condition during the Term,
reasonable wear and tear excepted, promptly after City is made aware of the need
for such structural maintenance and/or repair. Structural portions of the Premises
shall include, without limitation, all sidewalks and the roof, structural walls,
structural members (including structural elements of the light poles, scoreboard
and outfield fence), floor slabs and foundation of the Baseball Stadium and
plumbing and electrical repairs that require alteration of floor slabs, foundations,
roof or exterior walls. If governmental laws, rules, regulation or ordinances
("Applicable Laws") change such that the Premises no longer complies with
Applicable Laws and can no longer be used for its intended purposes without repair
or improvements, the City shall have the first option to alter or repair the Premises
to bring it into compliance with Applicable Laws. If City does not bring the
Premises into compliance with Applicable Laws within a reasonable period of time,
Tenant shall have the right, but not the obligation, to make the alterations or repairs
necessary to bring the Premises into compliance with Applicable Laws. If neither
City nor Tenant elect to bring the Premises into compliance with Applicable Laws,
Tenant may terminate this Lease in its sole discretion. The foregoing shall only
apply to changes required to be made to the Premises in order to comply with
Applicable Laws so that the Premises can continue to be used for its intended
purposes and does not apply under circumstances where the Premises becomes a
nonconforming structure, but for which changes are not required for the continued
use of the Premises.
B. Tenant Obligations.
1. Tenant shall be responsible, at its own cost and expense, for the routine
maintenance and upkeep and routine nonstructural repairs of the Premises
during the Term, including interior walls, ceilings, doors, windows, light
fixtures, switches, wiring and plumbing not the responsibility of City under
Section VIII.A above, and heating and air conditioning systems and
equipment. Tenant shall also be responsible for the cost of cleaning the
Premises and the cost of cleaning supplies and other routine supplies
required to operate the Premises, all in accordance with customary
standards for similar facilities and prudent maintenance practices.
2. Notwithstanding the foregoing, City shall be responsible for all routine
maintenance and repair of the Premises required by or arising from use of
the Premises for Community Events. City shall fulfill its maintenance
and repair obligations under this Section VIII.B immediately after use of
the Premises for Community Events.
3. Tenant shall also be responsible for garbage disposal and other cleaning of
the Premises and Parking Areas (as defined below) following each game or
Other Event sponsored by Tenant or a third party, and for payment of all
expenses of staff and services for each game or Other Event sponsored by
Tenant or a third party, including without limitation parking attendants,
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security officers, ticket salespeople and attendants, ushers, and, if
applicable, medical personnel and vehicles. Tenant shall also be responsible
for maintaining the baseball team office and locker rooms while Tenant is
entitled to the exclusive use thereof. Tenant will permit no waste, damage
or injury to the Premises. At the expiration or sooner termination of this
Lease, Tenant will quit and surrender the Premises in a neat and clean
condition (reasonable wear and tear excepted) and will deliver up all keys
belonging to the Premises to City, or City's agent. Should Tenant fail to
tender possession of the Premises to City as provided herein, City shall have
the right to perform the work necessary to put the Premises in a neat and
clean condition (reasonable wear and tear excepted), at Tenant's expense,
and Tenant agrees to reimburse City for the costs to do so.
4. Tenant shall not damage or deface the Premises, nor shall Tenant allow its
guests and invitees to damage or deface the Premises. Tenant and Tenant's
guests and invitees shall not do anything which may injure the buildings or
other improvements or be a nuisance or menace. All deliveries of supplies
and material to the Premises shall be made at such hours and in accordance
with such rules as City may reasonably prescribe. Tenant will not permit an
accumulation of boxes, waste, or other refuse matter. Trash and garbage
shall be stored, until disposed, within areas designated by City for such
purposes.
5. In addition, Tenant agrees as follows:
(i) Care of Plumbing Facilities. Plumbing facilities shall not be used for
any other purpose than that for which they were constructed.
(ii) Cleaning of Kitchens. Tenant shall have the Concessions ventilation
equipment cleaned at least every six (6) months, and Tenant upon request
shall provide City with evidence that the work has been done for the most
recent period.
(iii) Odors. Tenant shall not permit the emission of offensive odors from
the Premises or allow permeation through interior or exterior walls.
(iv) Tenant To Pay For Violation. The expense of any breakage,
stoppage or damage resulting from a violation of this Section VIII.B shall
be borne by Tenant.
(v) City May Demand Repairs. If City reasonably deems necessary any
repairs required to be made by Tenant, it may demand that Tenant make the
same forthwith, and if Tenant refuses or neglects to commence such repairs
and complete the same with reasonable dispatch, City may make or cause
such repairs to be made and Tenant agrees, forthwith, on demand, to pay to
City the cost thereof with interest at the maximum rate permitted by law at
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the time City incurs said cost of repairs.
C. Plumbing System Winterization. Notwithstanding the other provisions of this
Lease, the City shall be responsible for the work associated with draining and
winterizing the plumbing system of the Premises each year (either using a third
party plumber or using City staff based upon protocols established by plumbing
professionals). City will make all reasonable efforts to provide irrigation water as
soon as possible at the beginning of each year.
D. Baseball Field/Grass Maintenance.
1. Tenant shall be responsible at its sole cost and expense for the year-round
maintenance, upkeep, repair and care of the baseball field and the other
grass areas of the Baseball Stadium, including the preparation and
maintenance of the playing field before, during and after each game or Other
Event sponsored by Tenant. Such upkeep and maintenance shall include
fertilizing, mowing, aeration, irrigation and all other matters associated with
the maintenance of the playing field and other grass areas. All such upkeep
and maintenance shall be in accordance with the standards and
specifications attached hereto as Exhibit E, or otherwise directed by City.
Tenant shall also be responsible at its sole cost and expense for all fertilizer
and other supplies required for the upkeep and maintenance of the playing
field and other grass areas of the Baseball Stadium.
2. If Tenant fails to maintain the playing field and the other grass areas of
the Baseball Stadium as herein required, City shall have the right to do
so, at Tenant's expense, and Tenant agrees to reimburse City for the
costs to do so.
3. Tenant shall also have the exclusive right to use a portion of the
maintenance facility just beyond the left field outfield fence of the
Baseball Stadium for the storage of maintenance equipment and other
uses associated with the maintenance of the baseball field and other grass
areas of the Baseball Stadium.
IX. CONCESSIONS.
A. Concessions. Except as otherwise set forth herein, Tenant shall have the
exclusive right, during baseball games and Other Events held in the Baseball
Stadium, subject to the provisions set forth below, to sell Concessions in the
Premises and in the Parking Areas (as defined below) and to retain all revenues
therefrom. Such right may be exercised by Tenant directly or through a
sublicensee.
1. Concession Equipment. Tenant shall supply at its own expense and in
its sole discretion all equipment, fixtures and supplies, and all staff and
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other persons required or necessary to provide Concessions to patrons
of the Premises.
2. Tenant to Use Adequate Electrical Equipment. If Tenant supplies any
concessions electrical equipment that overloads the electrical lines in the
Premises, Tenant shall at its own expense (but only with the prior
consent of City) make whatever changes are necessary to meet the
electrical requirements consistent with the requirements of the insurance
underwriters and governmental authorities having jurisdiction.
3. Liquor License. City shall not object to or interfere with the efforts of
Tenant or its sublicensee to secure a permit to sell alcoholic beverages
as one of the Concessions sold inside the Baseball Stadium.
B. Concession Services. Tenant or its sublicensee shall operate and supply
Concessions and concession services during baseball games and Other Events
sponsored by Tenant or third parties on such terms and conditions as Tenant
deems appropriate. Tenant shall also provide concession services for Other
Events not sponsored by Tenant (including Community Events) at levels and
with staffing as reasonably necessary to provide appropriate concession service
given the nature of the event and the expected attendance.
If Concessions are not provided by Tenant at appropriate levels for Community
Events or Other Events not sponsored by Tenant, then City may permit another
entity to sell Concessions from portable concession stands brought into the
Premises for such purposes. Any costs incurred or revenues received by City
under this Section IX(B) shall belong to City.
X. PARKING.
A. Generally. Adjacent to the Premises is an area for vehicle parking containing
approximately 1000 parking spaces and depicted on the map attached hereto
as Exhibit F (the "Parking Area") City hereby grants Tenant a non-exclusive
license to use the Parking Area on the terms set forth below.
1. Throughout the Term of this Lease, (i) Tenant shall have the exclusive
right to control, use and operate the Parking Area for baseball games and
Other Events sponsored by Tenant or third parties at the Premises and
(ii) City shall have the exclusive right to control, use and operate the
Parking Area for Community Events and for soccer tournaments played
at the adjacent playfields. Tenant shall be entitled to retain all parking
revenue generated during periods when Tenant controls and operates the
Parking Area, and City shall be entitled to retain all parking revenues
generated during periods when City controls and operates the Parking
Area. Tenant shall provide parking attendants to operate the Parking
Area for baseball games and Other Events sponsored by Tenant and City
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shall provide parking attendants to operate the Parking Area for
Community Events and for events at the adjacent playfields. Tenant
shall be responsible at its sole cost to clean the Parking Area after
baseball games and Other Events sponsored by Tenant. City shall be
responsible, at its sole cost, to clean the Parking Area after Community
Events and soccer tournament held at the adjacent playfields.
2. If an evening night Minor League Baseballbaseball game is scheduled
on the same date as a soccer tournament: (i) Tenant and City shall work
together to accommodate each other’s needs for use of the Parking Area,
including an agreement on when control of the Parking Area will change
from City to Tenant; and (ii) Tenant shall honor the parking privileges
of soccer tournament spectators that have paid City to use the Parking
Area. During such times, Tenant and City shall cooperate in good faith
to manage the Parking Area so that Tenant receives all parking revenue
associated with the baseball game and City receives all parking revenues
associated with the soccer tournament being conducted at the adjacent
playfields, and with Tenant providing the parking attendants to operate
the Parking Area immediately prior to and during title baseball game.
XI. ESTOPPEL. Within fifteen (15) days of presentation, Tenant shall execute,
acknowledge, and deliver to City, at no expense to City, any estoppel certificate
requested by City, certifying in writing, if such shall be true, that Tenant shall be in
occupancy, that this Lease is in full force and effect, specifying the dates to which the
rent and other charges shall have been paid, and stating that there have been no defaults
by City and such other representations as may be requested by a lender, mortgagee or
beneficiary.
XII. TENANT ALTERATIONS. Except as provided above in Section VII.C, Tenant shall
not make any material alterations, additions, or improvements in the Premises
(including any alterations that affect structural portions of the Premises, or any
electrical, plumbing or similar system) without first obtaining City's written consent
(which may be withheld in its reasonable discretion). All such alterations, additions
and improvements shall be at the cost and expense of Tenant, and shall become the
property of City and shall remain in and be surrendered with the Premises as a part
hereof at the termination of this Lease, without disturbance, molestation, or injury
except for any improvements that City may elect to require Tenant to remove.
Notwithstanding the foregoing, Tenant may remove concessions equipment and
similar fixtures from the Premises if Tenant originally paid the cost to acquire and
install such equipment and/or fixtures and if Tenant fully repairs all damage caused by
the removal of such equipment and/or fixtures. If Tenant shall perform work with the
consent of City, as aforesaid, Tenant agrees to comply with all laws, ordinances,
rules and regulations of the appropriate city or county, and any other authorized public
authority. Tenant further agrees to hold City harmless from damage, loss or cost arising
out of the said work.
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XIII. INSURANCE.
A. Tenant Insurance.
1. Tenant, at its sole expense, shall place and maintain in effect throughout the
term of this Lease the following insurance (collectively, the "Insurance"):
(i) Commercial general liability insurance with limits of not less than
$2,000,000 each occurrence and $5,000,000 in the aggregate, written on
Insurance Services Office (ISO) occurrence form CG 00 01, insuring
against all liability arising out of and in connection with Tenant's use and
occupancy of the Premises and with Tenant's exercise of its rights granted
under this Lease, including premises and contractual liability and naming
City and its employees, officers and agents as additional insureds using ISO
Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage, and (ii) in the event
Tenant or its sublicensee offers alcoholic beverages in or around the
Premises, "Dram Shop" and/or "Innkeeper's Liability" insurance against
claims or liabilities arising directly or indirectly to persons or property on
account of the sale or dispensing of beer, wine or other alcoholic beverages,
with a combined single limit coverage of $2,000,000 bodily injury and
property damage liability, or in greater amounts if required by law, in form
and substance reasonably acceptable to City, and naming City and its
employees, officers and agents as additional insureds, and (iii) worker's
compensation and employer's liability insurance covering employees at the
Premises employed by Tenant (to the extent required, and in the amounts
required by applicable laws).
2. Certificates of such coverage and endorsements, in form satisfactory to
City, shall be furnished to City and each shall provide that said coverage
will not be changed or cancelled without forty-five (45) days written notice
to City. The limits of coverage described above shall be increased from
time to time as reasonably requested by City and to the extent consistent
with prudent risk management practices and insurance standards for similar
facilities. Tenant's insurance coverage shall be primary as respects City.
Any insurance, self-insurance or insurance pool coverage maintained by
City shall be excess of Tenant's insurance and shall not contribute with it.
All insurance shall be placed with insurers with a current A. M. Best rating
of not less than A:VII.
3. In the event the Insurance required under this section is not maintained, or
if an Event of Default occurs, City shall have the right (but not the
obligation) to place and maintain the Insurance required to be placed and
maintained by Tenant hereunder. Tenant agrees, on demand, to pay to City
the amounts expended therefor with interest at the maximum rate permitted
by law from the time City incurs said costs of Insurance.
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4. In the event Tenant fails to place and maintain the Insurance required
hereunder, City shall have the right (but not the obligation) to require the
immediate cessation of the sale of alcoholic beverages at the Premises.
B. City Insurance. City shall purchase and maintain during the term of this Lease
all-risk property insurance covering the Premises and the Baseball Stadium, for
their full replacement cost without coinsurance provisions.
C. Waiver of Subrogation. Tenant and City hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the Premises and
Baseball Stadium. This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
XIV. DAMAGE OR DESTRUCTION. If the Premises or Baseball Stadium are damaged
by fire or other casualty under circumstances where the cost to repair does not exceed
$500,000 and the loss is covered by insurance maintained by City, the damage shall
be repaired by City, and until such repairs are completed, rent shall be abated in
proportion to the portion of the Premises which is unusable by Tenant in the conduct
of its business (but there shall be no abatement of rent by reason of any portion of the
Premises being unusable for a period equal to three (3) days or less).
If the costs to repair such damage exceeds $500,000, or the loss is not covered by
insurance maintained by City, City at its option may elect to repair the Premises, in
which event rent shall be abated as provided above. City shall make such election
whether or not to rebuild within thirty (30) days of such damage.
If City does not elect to make such repairs, or if it reasonably appears that such repairs
cannot be made within one hundred eighty (180) days of the date of such damage, then
either party may, by written notice to the other within forty-five (45) days of the date
of damage, terminate this Lease.
If the Baseball Stadium or a material portion thereof becomes unavailable on a temporary
basis by reason of either partial destruction or repair or restoration, or for any other reason,
then the Tenant may make arrangements for any previously scheduled home baseball game
or Other Event to be held at another venue during such time that the Baseball Stadium is
under repair. The City shall utilize commercially reasonable efforts to assist the Club in
locating a temporary facility in which the Club may play home baseball games, and
otherwise conduct previously scheduled Other Events.
XV. NAMING RIGHTS. During the Term of this Lease, Tenant shall have the right to offer
to sell and to sell the right to name the Baseball Stadium to third parties and to retain
all revenues therefrom, subject to the provisions below. City shall have the right to
approve the name and the form of any naming rights agreement, which approval shall
not be unreasonably withheld or delayed. In the absence of a naming rights agreement,
the Baseball Stadium shall continue to be named "Pasco Stadium." Tenant may not
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name the Baseball Stadium after Tenant. The name of the Baseball Stadium may not
connote or be affiliated with adult content, firearms or tobacco. Upon expiration of or
earlier termination of this Lease, any naming rights agreement shall also terminate and
no longer be in force or effect.
For every professional baseball season (April March through September) (the
"Season") that a naming rights agreement exists, Tenant shall spend a minimum
average of $5,000 on capital improvements to the Baseball Stadium. Capital
improvements under this Section XV are exclusive of all other improvements in this
Lease Agreement.
Tenant may spend such sums on capital improvements at one time and from time to
time while a naming rights agreement exists, provided that Tenant spends at least
$25,000 on capital improvements during the first five years of any naming rights
agreement. By way of example, Tenant may spend $5,000 each Season, may spend
$10,000 every two Seasons, may spend $4,000 the first Season, nothing the second
Season and $11,000 the third Season, or may spend $25,000 in a single year (and
applied over a five Season period), provided that Tenant spends an average of $5,000
for each Season and at least $25,000 during the first five Season period. If at the end
of the term of a naming rights agreement, Tenant has not spent the required amounts
on capital improvements, Tenant shall pay to City a naming rights termination fee
equal to 150% of such shortfall.
On or before February 1 of each year, Tenant shall provide City with an accounting of
the costs expended in the prior calendar year by Tenant on capital improvements to the
Baseball Stadium. At the request of City, Tenant shall provide to City with copies of
invoices and other information to substantiate the amounts so spent.
Tenant must obtain prior City approval to any capital improvements undertaken by
Tenant under this Section XV such approval not to be unreasonably withheld and shall
be granted if such capital improvement is necessary for the Baseball Stadium to remain
compliant with the PDL Facility Standards. Capital improvements funded by Tenant
under this Section XV shall not include any capital improvements installed by Tenant
under any other provision of this Lease.
XVI. DEFAULTS; REMEDIES
A. Defaults: Remedies.
1. Events of Default. The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease by
Tenant (an "Event of Default"):
(i) The failure by Tenant to make any payment of Rent by the tenth
(10th) day after such amount is due;
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(ii) The failure by Tenant to make any other payment required to be
made by Tenant hereunder (other than a payment specified in subsection
(i) above), including, without limitation, Additional Rent, utility
payments, insurance premiums or other charges, within five (5) days
after receiving written notice from City of such failure to pay;
(iii) The failure by Tenant to observe or perform or the violation of
any of the other covenants, conditions or provisions of this Lease to be
observed or performed by Tenant, where such failure shall continue for
a period of twenty (20) days after Tenant's receipt of written notice of
default or violation from City; provided, however, that if the nature of
Tenant's obligation is such that more than twenty (20) days are required
for performance, then Tenant shall not be in default if Tenant
commences performance within such 20-day period and thereafter
diligently prosecutes the same to completion and in any event completes
such performance within ninety (90) days of Tenant's receipt of such
written notice; or
(iv) The failure by Tenant to use the Premises for professional
baseball purposes as a franchisee of the Northwest LeaguePDL Club.
2. Subject to Section I.B, Uupon an Event of Default, then, without
prejudice to any other remedies which City might have, City may, at its
election, declare this Lease forfeited and the Lease term ended, and re-
enter the Premises, with or without process of law, and remove all
persons or chattels therefrom.
B. Removal of Property.
1. In the event of any re-entry or taking possession of the Premises for default,
City shall have the right, but not the obligation, to remove from the Premises
all personal property of Tenant located therein, and may store the same in
any place selected by City, including but not limited to a public warehouse,
at the expense and risk of the owners thereof, with the right to sell such
stored property, without notice to Tenant, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale to be applied
first to the cost of such sale, second to the payment of the charges for the
storage, if any, and third to the payment of any other sums of money which
may then be due from Tenant to City under any of the terms hereof, the
balance if any without interest to be paid to Tenant.
2. Tenant hereby waives all claims for damages that may be caused by City's
re-entering and taking possession of the Premises or removing and storing
the property of Tenant as provided in this Lease, and will hold City harmless
from loss, costs or damages occasioned City thereby. No such reentry shall
be considered or construed to be a forcible entry.
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C. City May Relet. In such case of re-entry, City may, subject to Section I.B, relet the
Premises upon such terms as it sees fit, for a term which may expire either before
or after the expiration date of this Lease, and to such persons or entities as it desires,
including without limitation another professional baseball league.
D. Tenant Still Liable for Rent. City shall not be liable for damages by reason of such
re-entry. Notwithstanding any such re-entry by City, the liability of Tenant for the
Rent provided for herein shall not be extinguished for the balance of the Lease
Term. Tenant agrees to pay to City any deficiency arising from a re-entry and re-
letting of the Premises at a lesser rent, and Tenant shall pay such deficiencies each
month as the amount thereof is ascertained by City.
E. Tenant to Pay Cost of Reletting. Upon reletting Tenant shall be immediately liable
to pay to City the cost and expense of reletting and of such repairs as may be
incurred by City in readying the Premises for reletting.
F. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
G. Default by City. City shall not be in default unless City fails to perform obligations
required of City within twenty (20) days after written notice by Tenant to City,
provided, however, that if the nature of City's obligation is such that more than
twenty (20) days are required for performance then City shall not be in default if
City commences performance within such 20-day period and thereafter diligently
prosecutes the same to completion. If City fails to cure any such default within the
allotted time, Tenant may cure such default itself and offset the cost thereof against
Rent payable hereunder.
XVII. HAZARDOUS SUBSTANCES.
A. Hazardous Substances.
1. Tenant shall not dispose of or otherwise allow the release of any
hazardous waste or materials in, on or under the Premises, or any
adjacent property, or in any improvements placed on the Premises, in
violation of applicable law. Tenant represents and warrants to City that
Tenant's intended use of the Premises does not involve the use,
production, disposal or bringing on to the Premises of any hazardous
waste or materials in violation of applicable law. As used herein, the
term "hazardous waste or materials" includes any substance, waste or
material defined or designated as hazardous, toxic or dangerous (or any
similar term) by any federal, state or local statute, regulation, rule or
ordinance now or hereafter in effect. Tenant shall promptly comply with
all statutes, regulations and ordinances, and with all orders, decrees or
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judgments of governmental authorities or courts having jurisdiction,
relating to the use, collection, treatment, disposal, storage, control,
removal or cleanup of hazardous waste or materials, in, on or under the
Premises or any adjacent property, or incorporated in any
improvements, at Tenant's expense.
2. After notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance, City may, but is not obligated to, enter upon the
Premises and take such actions and incur such costs and expenses to
effect such compliance as it deems advisable to protect its interest in the
Premises; provided, however that City shall not be obligated to give
Tenant notice and the opportunity to effect such compliance if (i) such
delay might result in material adverse harm to City or the Premises, (ii)
Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance, or (iii) an emergency
exists. Whether or not Tenant has actual knowledge of the release of
hazardous waste or materials on the Premises or any adjacent property
as the result of Tenant's use of the Premises, Tenant shall reimburse City
for the full amount of all costs and expenses incurred by City in
connection with such compliance activities, and such obligation shall
continue even after the termination of this Lease. Tenant shall notify
City immediately of any release of any hazardous waste or materials on
the Premises.
3. Notwithstanding the foregoing, Tenant shall not be responsible for any
cleanup, liabilities, claims, damages, costs and expenses of any kind or
nature that arise or result from any contamination of the Premises or
surrounding property by hazardous waste or materials, except for such
contamination that is caused by Tenant or its employees or agents. If
Tenant cannot operate the Baseball Stadium because of contamination
of the Premises or surrounding property by hazardous waste or materials
not caused by Tenant or its employees or agents, Tenant shall have the
right to terminate this Lease without further liability hereunder.
XVIII. OTHER PROVISIONS.
A. Surrender of Premises. At the expiration of the term of this Lease, or at the
earlier termination of this lease, Tenant shall surrender the Premises in good
condition, reasonable wear and tear excepted.
B. Intentionally Deleted.
C. Liens and Solvency. Tenant shall keep the Premises free from any liens arising
out of any work performed, materials furnished or obligations incurred by
Tenant and hold City harmless therefrom including all costs and attorney's fees.
In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt,
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or if a receiver, assignee or other liquidating officer is appointed for the
business of Tenant, then City may, subject to Section I.B, cancel this Lease at
City's option and Tenant shall nevertheless be liable for any further losses or
damages sustained by City so caused by Tenant.
D. Assignment. Tenant shall have the right to assign this Lease or let or sublet the
whole or part of the Premises with the written consent of City, which consent
may not be unreasonably withheld. Notwithstanding the foregoing, City shall
consent to any assignment or sublease of this Lease by Tenant: (a) to any entity
controlled by Tenant that owns the Team; and (b) to any purchaser of the Team
that (i) has been approved by the Major League BaseballMLB PDL, and (ii)
holds a franchise to operate such team by the Northwest League, (or a successor
league), and (iii) has retained a management team with prior experience
managing a professional sports team to operate such team. Any purported
assignment or sublet shall be of no effect if not consented to by City. Any
assignment or sublet of this Lease shall not extinguish or diminish the liability
of Tenant hereunder.
E. Non-Waiver. The failure of either party to insist upon strict performance of
any of the covenants and agreements of this Lease, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a
waiver or relinquishment of any such, or any other covenants or agreements,
but the same shall be and remain in full force and effect.
F. Costs and Attorney's Fees. All costs and expenses, including attorneys' fees at
trial and on appeal in a reasonable amount, incurred by City or by Tenant in
enforcing the obligations of Tenant or City under this Lease, shall be paid by
the defaulting party to the prevailing party upon demand. The venue of any
legal action brought under the terms of this Lease shall be in the county in which
the Premises are situated.
G. Transfer by City. If City shall assign its interest under this Lease or transfer its
interest in the Premises, such transferee shall be required to assume all
obligations of City under this Lease, City shall be relieved of any obligation
accruing hereunder after such assignment or transfer, and such transferee shall
thereafter be deemed to be City hereunder.
H. Heirs and Successor. Subject to the provisions hereof pertaining to assignment
and subletting, the covenants and agreements of this Lease shall be binding
upon the heirs, legal representatives, successors and assigns of any or all of the
parties hereto.
I. Holdover. If Tenant shall, with the written consent of City, holdover after the
expiration of this Lease, such tenancy shall be on a month-to-month tenancy,
which tenancy may be terminated by either party upon twenty (20) days’ notice
to the other party. During such tenancy Tenant agrees to pay to City the same
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rental as provided herein, unless a different rent is agreed upon, and to be bound
by all of the applicable terms and conditions of this Lease.
J. Mutual Release and Waiver. To the extent a loss is covered by insurance in
force, City and Tenant hereby mutually release each other from liability and
waive all right of recovery against each other for any loss from perils insured
against under their respective fire or other insurance policies, including any
causes of loss forms attached thereto; provided, that this agreement shall be
inapplicable if it would have the effect of invalidating any insurance coverage
of City or Tenant
K. Notices. All notices under this Lease shall be in writing and shall be deemed to
have been duly given if personally delivered, sent by confirmed electronic,
overnight courier services or registered or certified mail, postage prepaid, and
shall be deemed given upon delivery if personally delivered, upon the earlier of
actual receipt or one day after it is sent, if sent by overnight courier or confirmed
electronic, or three days after it is sent by registered or certified mail. All
notices or other communications shall be made as follows:
If to City: City of Pasco
Attn: City Manager
525 North 3rd Avenue
Pasco, WA 99301
Facsimile No.: (509) 545-3403
(include e-mail address and do you want a
copy to be sent to Legal ?)
And
Kerr Ferguson, PLLC
Attn: Eric Ferguson
7025 Grandridge Blvd. Ste. A
Kennewick, WA 99336-7724
(e-mail: eferguson@kerrlawgroup.net)
If to Tenant: Northwest Baseball Ventures I, LLC
Attn: President
6200 Burden Blvd.
Pasco, WA 99301
Facsimile No.: (509) 547-9570
(include e-mail address?)
L. Compliance with Laws. All operations or act1v1ties upon, or any use or
occupancy of the Baseball Stadium and Premises, or any portion thereof, by
Tenant or any person claiming through Tenant shall be in all material respects
in compliance with all state, federal and local laws, ordinances, rules,
regulations, permits, standards, and requirements.
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M. Indemnification.
1. Tenant agrees to and shall indemnify, defend and hold City, City's
successors and assigns, and the, officers, employees, agents and
contractors of City, harmless from and against any and all claims
(including without limitation third parry claims for death, personal
injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings),
judgments, damages, punitive damages, penalties, fines, costs, liabilities
(including sums paid in settlements of claims), interest or losses,
including reasonable attorneys' and paralegals' fees and expenses
(including any such fees and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder), consultant fees, and
expert fees, together with all other costs and expenses of any kind or
nature that arise directly or indirectly from or in connection with (i)
Tenant's use, occupation and/or control of the Premises during events
other than Community Events, and including without limitation any
injury or claim of injury to person or property, of any nature and
howsoever caused, (ii) from any breach of the terms of this Lease, or
(iii) any violation of any governmental or insurance requirements by
Tenant, its sublessees, assignees, invitees, agents, employees,
contractors, or licensees, provided that such indemnity shall not extend
to matters that may arise out of the gross negligence or willful acts of
City or City's agents, employees or contractors.
2. City agrees to and shall indemnify, defend and hold Tenant, each MLB
PDL Entity, and their respective Tenant's successors and assigns, and
the directors, officers, shareholders, employees, agents and
contractors of Tenant and each MLB PDL Entity, harmless from and against
any and all claims (including without limitation third party claims for death,
personal injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings), judgments,
damages, punitive damages, penalties, fines, costs, liabilities (including
sums paid in settlements of claims), interest or losses, including reasonable
attorneys' and paralegals' fees and expenses (including any such fees and
expenses incurred in enforcing this Agreement or collecting any sums due
hereunder), consultant fees, and expert fees, together with all other costs
and expenses of any kind or nature that arise directly or indirectly from or
in connection with (i) City's use, occupation and/or control of the Premises
during a Community Event, and including without limitation any injury or
claim of injury to person or property, of any nature and howsoever caused,
(ii) from any City’s breach of the terms of this Lease, or (iii) any acts arising
from the gross negligence or willful misconduct of City, provided that such
indemnity shall not extend to matters that may arise out of the gross
negligence or willful acts of Tenant or Tenant's agents, employees or
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contractors.
N. Time is of the Essence of this Lease. Time is of the essence in the performance of
all obligations of Tenant and City under this Lease.
O. City Approvals. City shall, from time to time, designate one or more people who
are authorized on behalf of City to give consents or approvals required of City
hereunder. Such designation shall remain effective until such time as City notifies
Tenant in writing of a new designee or designees. At the outset, City's designee
shall be Adam Lincoln, City Manager.
P. Force Majeure. Notwithstanding anything in this Lease to the contrary, each party's
obligations to perform under this Lease shall be excused to the extent that such
performance is prevented, delayed or rendered impracticable by events beyond that
party's reasonable control, provided such party shall have exercised all reasonable
efforts to avoid such events. Such events shall include, without limitation,
inclement weather, acts of God, strikes, civil commotion, riot, war and any other
cause whether similar or dissimilar to those enumerated that is reasonably beyond
the control of the party obligated to perform. Force Majeure shall not include
financial inability to perform (regardless of the cause) and shall not apply to
defaults arising out of the loss by Tenant of its franchise to operate a professional
baseball team with the Northwest League.
Q. Amendments. Notwithstanding anything herein to the contrary, this Lease may not
be amended, supplemented or otherwise modified without the prior receipt of all
necessary PDL Approvals.
R. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Lease or any counterpart may be executed and
delivered by electronic transmission with an executed hard copy to follow.
IN WITNESS WHEREOF, City and Tenant have executed this Lease the day and
year first above written.
CITY OF PASCO NORTHWEST BASEBALL VENTURES I, LLC, a
Washington Limited Liability Company
By: _________________________ By: _________________________
Adam Lincoln, City Manager
EXHIBITS AND SCHEDULE:
Exhibit A Legal Description of Property
Exhibit B List of Included Equipment
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Exhibit C Concourse Exterior Wall Advertising Area
Exhibit D Intentionally Blank
Exhibit E Field Maintenance Standards
Exhibit F Parking Area
Schedule 1 Intentionally Blank
Schedule 2 MLB Tax Schedule
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EXHIBIT A
Exhibit A
Legal Description Pasco Baseball Stadium (without Parking Lot)
The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the
northwest comer of Section 15, Township 9 North, Range 29 East W.M. Franklin County,
Washington.
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EXHIBIT B
Exhibit B
Baseball Equipment
Batting Cage: Full cover batting cage with minimum dimensions of 18' wide, 14' deep and
9' high. It is recommended that the cage be portable and made of aluminum
frame to provide maximum maintainability.
Field Screens: Pitching Screen:
Double Play Screen:
First Base Screen:
Shag Protector Screen:
Thigh x 8' wide with 4' x 4' notch in upper corner.
7' high x 14' wide with hinged wings.
7' high x 8' wide.
7' high x 8' wide.
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EXHIBIT C
Exhibit C
Concourse Advertising Area
West Side
East Side
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EXHIBIT D
Exhibit D
Intentionally Blank
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EXHIBIT E
Exhibit E
Tri-Cities Baseball Stadium Maintenance Standards
PROGRAM FREQUENCY DETAIL
Fertilizing
April – October
Application of complete NPK fertilizer with trace
minerals at 7lbs per 1,000 sq. ft. monthly in April, June,
July and August. Equivalent to ESN 18-3-15. In October
equivalent to 20-2-15 at 7 lbs per 1,000 sq. ft. Apply quick
release fertilizer at rate of 7 lbs. per 1,000 sq. ft. in front
of pitchers mound or any other worn areas.
Aerification May – October Monthly in May, June, July and October.
Flag all irrigation heads prior to aerification. Do not
aerify clay areas.
Mowing March – October March – April mow at 2” height. Two weeks prior to team
practice mow at 1-1/2” and maintain until October. Mow
playing field minimum of every other day and all other
areas twice per week.
Edging May – September Edge all base paths and infield perimeter twice per month.
Irrigation March – October Irrigate as needed but no less than 4 times per week for 1
hr. Immediately repair system as needed.
Chemical
Applications
March – November Identify turf problems and correct immediately. Apply
fungicide 1st week of November. Apply penetrating agent
or other chemicals as needed.
Game Day
Field Preparation
May – September 1. Drag and water infield as needed.
2. Wash loose dirt back into grass at dirt infield grass
transition areas.
3. Cover area in front of pitchers mound during practice
and pre-game warm up.
4. Drag and clean all red rock warning track areas.
5. Line infield as per baseball standards.
6. Paint outfield out-of-play lines weekly or as needed.
Miscellaneous Year Round 1. Apply a minimum of 2 tons soil conditioner to the top
1” of all infield clay areas.
2. Repair safety net and wall pads as necessary.
3. Overseed all areas at the rate of 25 lbs. per acre. Seed
mixture to be approved by City based on turf analysis.
4. Spray fence lines with herbicide twice a year or as
needed.
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EXHIBIT F
Exhibit F
Parking Area
-z-z:::=.-...oc=,======::-)• , -IIIIMIN &\-O.
I
... ..
.....
PARKING LOT
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SCHEDULE 1
SCHEDULE 1
Intentionally Blank
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SCHEDULE 2
SCHEDULE2
MLB TAX SCHEDULE
• Current – 2030 8.5%
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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