HomeMy WebLinkAboutMickelson Landholdings LLC - Developer Reimbursement Agreement AFN# 1979102AFN # 1979102 AGREE
10/03/2023 04:27 PM
9 Page(s) $211.50
Matt Beaton. Auditor
Franklin Co.. WA
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Tax Parcel No. 113474036
Legal Description: See EXHIBIT A
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this -�) �V/ day of 5,E01.�,F-4
2023, by and between the City of Pasco, a Municipal Corporation of the State of
Washington, hereinafter referred to as "City", and Mickelson Landholdings, LLC, their
successors, and assigns, hereinafter referred to as "Developer"; and
WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality's corporate limits or
within ten (10) miles of the municipality's corporate limits, who construct utility facilities
to serve their own properties and other properties, whereby such owners and
municipalities may be reimbursed by the owners of other real property who did not
contribute to the original cost of the construction of the facilities, but who later desire to
connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer and City have constructed the following described extension of
City's facilities:
An 8-inch PVC sewer line located in the newly installed E.
Superior Street roadway, this line runs from the shared property
line of parcel's 113473085 and 113473091, this line runs 328
linear feet to the east terminating at the east property line of parcel
113474036.
A. The improvements have been constructed in accordance with plans
and specifications approved by City prior to construction and Developer has
supplied City with reproducible as -built drawings regarding the facilities.
Developer Reimbursement Agreement
Mickelson 2 Sewer - 1
2. In addition to serving properties owned by Developer at the outset of
construction, the facilities constructed will also serve the following described parcels of
real property, and any subdivisions of such parcels, that did not contribute to the cost of
the facilities construction, hereinafter referred to in aggregate as the "Assessment Area",
which is determined at the sole discretion of the City, and which are identified and legally
described in Exhibit A, attached hereto and incorporated herein by this reference:
Franklin County Parcel Numbers: 113473028, 113473091, 113474045.
3. As the facilities were certified as acceptable to City by the Public Works
Director, or his designee Developer conveyed such facilities to City for the consideration
and benefits of City. City will thereafter own and operate said facilities as part of City
sanitary sewer system subject to all of the laws and regulations, fees and assessments of
City.
4. City and Developer agree that Developer's contributions to the total
project costs is valued at $33,227.00, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
5. City and Developer agree that the City's contributions to the total project
costs is or will be valued at $XX, which includes costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
6. City and Developer agree that the Total Assessment that is attributed to the
Assessment Area is $25,274.03. This is the total of all costs related to the project
($33,227.00), less the amount of those costs that are attributed to properties owned or
controlled by Developer as of the date of execution of the Sewer System Extension
Agreement regarding the same facility as described in Section 1 herein. Said costs are
otherwise known as Developer's Benefit, which for this project equal $7,952.97. City
and Developer agree that Developer is entitled to a potential total reimbursement, less
any collection charges deducted by the City, of a maximum of $25,274.03. This amount
is equal to Developer's total contribution to the total project costs ($33,227.00), less
Developer's Benefit ($7,952.97).
7. The facilities subject to this Agreement are included within the City's
comprehensive utility plan, and no additional comprehensive plan approval for the utility
system improvements was required.
8. Execution of this Agreement is conditioned upon:
Developer Reimbursement Agreement
Mickelson 2 Sewer - 2
A. Inspection and approval of the utility system improvements by the
City;
B. Conveyance by Developer and acceptance by the City of the utility
system improvements described in Section 1 of this Agreement;
C. Full compliance with the Developer's obligations under this
Agreement and with the City's rules and regulations with respect to
the project described in Section 1;
D. Payment by Developer to the City of the City's fee for processing
of this application, which includes legal, administrative, and recording costs, in
the amount of $X, which includes the legal fees associated with this Agreement in
the amount of $X, $X for the mailing and recording costs for this Agreement, and
100% (the percentage share of Total Assessment collectible by Developer) of the
costs attributed to mailing and recording of assessment Notices to parcels within
the Assessment Area (100% of $X in Notice and accompanying documents
mailing and recording fees = $X);
F. City verification and approval of all contracts and costs related to
the utility system improvements; and
G. Within one hundred and twenty (120) days of the completion of
the utility system improvements, Developer must submit the total actual cost of
the utility system improvements to the City.
9. For a period of twenty (20) years from the effective date of this
Agreement, any person, firm or corporation now or hereafter owning benefitted
properties described below, or segregated parcels thereof, desiring to connect to the
described facilities, shall first pay their pro-rata share of the total cost of the facilities
("Total Assessment"). For this project, the Total Assessment is $36,879.99, as stated in
Paragraph 6. The individual Assessment associated with each parcel of benefited
property described in this Agreement, shall be charged to the property owner as follows:
Parcel number 113473028:
$8,660.53
Parcel number 113473091:
$8,660.53
Parcel number 113474045:
$7,952.97
10. No person, firm or corporation shall be granted a permit or be authorized
by City to tap into or use the referenced facilities during the period of time prescribed in
Paragraph 9 above without first paying to City, in addition to any and all other costs,
assessments and charges made and assessed for such tap or use, the amount required by
the provisions of this contract.
Developer Reimbursement Agreement
Mickelson 2 Sewer - 3
l 1. The City shall deduct from all assessment reimbursement payments it
collects, an amount (collection charge) as designated in Pasco Municipal Code ("PMC")
3.35.180 to cover its administrative collection costs. After deduction of the collection
charge, each reimbursement assessment payment will be disbursed to the Developer
according to the terms of this Agreement. Any amounts so collected during the time
period in Paragraph 9 above by City and due to Developer, shall be remitted to Developer
or assigns within sixty (60) days of the receipt thereof, in accordance with this
Agreement.
12. Developer agrees to indemnify, defend and hold the City harmless from
any action, claim or proceeding brought or maintained by any property owner
challenging the validity or enforceability of this Agreement. In turn, the City agrees to
cooperate with the Developer in the course of any such claim, proceeding or action to
provide reasonable and lawful access to City records and witnesses.
13. Any funds collected by City and payable to Developer in accordance with
the terms of this contract shall be remitted to Developer at the following address:
Address: Kim Mickelson
Mickelson Landholding, LLC
11711 Pelican Rd
Pasco, WA 99301
E-Mail: kim.ccp@gmail.com
14. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer
shall provide to the City in writing every two (2) years from the date this Agreement was
executed, information regarding the current contact name, address, and telephone number
of the person, company or partnership that originally entered into the Agreement. If the
Developer fails to comply with the notification requirements within sixty (60) days of the
specified time, then City may collect any reimbursement funds owed to the Developer
under this Agreement, and such funds shall be deposited into the capital expenditure
account of the City's utility fund.
15. If prior to the expiration of one (1) year after the date of conveyance of the
facilities by Developer to City, any work is found to be defective, Developer shall
promptly and without cost to Citv, either correct such defective work or, if it has been
rejected by City, remove and replace it with non -defective work. If Developer does not
promptly comply with the terms of such instructions, City may have the defective work
corrected or the rejected work removed and replaced and all direct and indirect costs of
such removal and replacement, including compensation for professional services, shall be
withheld from the reimbursement assessment payments that are due to Developer.
Developer Reimbursement Agreement
Mickelson 2 Sewer - 4
16. Developer agrees that once the City has collected all amounts under this
Agreement, up to a maximum of $25,274.03 as specified in Paragraph 6 of this
Agreement and remitted such amount (less any collection charges) to Developer, that
City shall remit to Developer no further payments under this contract.
17. Developer hereunder is an independent contractor and is not an agent or
employee of City.
18. In the event of a dispute between the parties regarding the interpretation,
breach or enforcement of this Agreement, the parties shall first meet in a good faith effort
to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the
Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial
upon de novo review, with the substantially prevailing party being awarded its reasonable
attorney fees and costs against the other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF PASCCOO:
By: /' ..
-
Adam Lincoln, Ci y Manager
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FO
Kerr Fergus LLC
City A ey
Developer Reimbursement Agreement
Mickelson 2 Sewer - 5
DEVELOPER:
By: --
im Mickelson, Owner
Mickelson Landholding LLC
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ADAM LINCOLN, City Manager of
the City of Pasco, Washington, described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of _ _, 20_a3
No Public in and or the State of Washington
Print Name: N�tGQ\Q, eAc-,_
Residing at
My Commission Expires:
STATE OF WASHINGTON )
. ss
COUNTY OF FRANKLIN )
On this day personally appeared before me KIM MICKELSON, Owner of
Mickelson Landholding, LLC, a Washington Limited Liability Company, described in
and who executed the within and foregoing instrument, and acknowledged that he signed
the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
L
GIVEN under my hand official seal this Zq day of �' 20Z3
NOTARY PUBLIC in and for the State of Washington
,N�pltHtigtgt
'01 TRIC n��. Print Name:
p , •••"' ' ' ••., y, Residing at:
ov* My Commission Expires:
.ti
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Developer Reimbursement Agreement
Mickelson 2 Sewer - 6
EXHIBIT "A"
Developers Parcel:
Parcel 113474036
THAT PORTION OF LOTS 1-12, BLOCK 40, FREY'S ADDITION TO PASCO,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE
16, RECORDS OF FRANKLIN COUNTY, WASHINGTON; TOGETHER WITH PORTIONS
OF VACATED STREETS ADJACENT THERETO COLLECTIVELY DESCRIBED AS
ADJUSTED PARCEL 1 ON RECORD SURVEY RECORDED UNDER AUDITORS FILE
NO. 1897915.
Situated in the County of Franklin, State of Washington.
Benefitting Parcels:
Parcel 113473028
LOTS 1-12, BLOCK 41, FREY'S ADDITION, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME B OF PLATS, PAGE 16, RECORDS OF FRANKLIN COUNTY,
WASHINGTON, TOGETHER WITH WEST HALF OF VACATED ALLEY ADJOINING
EAST LINE OF SAID PREMISES. PURSUANT TO THE CITY OF PASCO ORDINANCE
NO.2601, RECORDED JUNE 02, 1986, UNDER AUDITOR'S FILE NO.445760.
Parcel 113473091
LOTS 13 THROUGH 24, INCLUSIVE, BLOCK 36, FREY'S ADDITION TO THE CITY OF
PASCO, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 16, RECORD OF FRANKLIN COUNTY, WASHINGTON
TOGETHER WITH THAT PORTION OF VACATED ALLEY RIGHT OF WAY, ADJACENT
THERTO AS VACATED BY ORDINANCE NO. 2601, RECORDED UNDER AUDITOR'S
FILE NO.445760, WHICH WOULD ATTACH BY OPERATION OF LAW
TOGETHER WITH THOSE PORTIONS OF VACATED SUPERIOR STREET, PUEBLO
STREET AND NEVADA STREET, ADJACENT THERETO AS VACATED BY
ORDINANCE NO. 4042, RECORDED UNDER AUDITOR'S FILE NO. 1779101, WHICH
WOULD ATTACH BY OPERATION OF LAW
TOGETHER WITH THOSE PORTIONS OF VACATED SUPERIOR STREET AND
NEVADA STREET, ADJACENT THERETO AS VACATED BY ORDINANCE NO.3761,
RECORDED UNDER AUDITOR'S FILE NO. 1679542, WHICH WOULD ATTACH BY
OPERATION OF LAW
Parcel 113474045
ALL OF BLOCK 37, FREY'S ADDITION, ACCORDING TO PLAT THEREOF RECORDED
IN VOLUME "B" OF PLATS, PAGE 16, RECORDS OF FRANKLIN COUNTY
WASHINGTON, TOGETHER WITH VACATED ALLEY BY ORDINANCE NO.2601,
RECORDED UNDER AUDITOR'S FILE NO.445760, AND TOGETHER WITH 10 FEET OF
VACATED SUPERIOR STREET, EAST HALF OF VACATED NEVADA STREET, NORTH
HALF OF VACATED PUEBLO STREET AND WEST HALF OF VACATED WYOMING
STREET AS VACATED BY ORDINANCE NO.4042, RECORDED UNDER AUDITOR'S
FILE NO. 1779101.
Retired parcels combined to create:
Parcel 113474050
LOTS 13 THROUGH 24 INCLUSIVE BLOCK 36, ALL OF BLOCKS 37, 38, 20, 21 FREYS
ADDITION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME B OF PLATS,
PAGE 16, RECORDS OF FRANKLIN COUNTY WASHINGTON, TOGETHER WITH
VACATED ALLEYS BY ORD NO 2601, RECORDED UNDER AFN-445760 AND
TOGETHER WITH 10 FEET OF VACATED SUPERIOR STREET, VACATED NEVADA
STREET, VACATED PUEBLO STREET, VACATED WYOMING ST, 10 FEET OF
VACATED UTAH STREET ALL BY ORD NO 4042 UNDER AFN-1779101 AND ORD NO
3761 ANF-1679542
End of EXHIBIT "A"
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
Attn:Carmen Patrick
525 N. 3rd Ave
Pasco, WA 99301
FORM COMPLETED BY: Carmen Patrick
PLEASE PRINT OR TYPE INFORMATION:
PHONE # 509-545-3441
DOCUMENT TITLE(S) (or transaction contained therein)
1. DEVELOPMENT REIMBURSEMENT AGREEMENT
2.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. MICKELSON LANDHOLDINGS LLC
2.
3.
4.
Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. CITY OF PASCO
2.
3.
4.
Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
THAT PORTION OF LOTS 1-12, BLOCK 40, FREY'S ADDITION TO PASCO, ACCORDING
0 Additional legal is on page 7 of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
113474036 / 113473028/ 113473091/ 113474045/ 113474050
❑✓ Additional parcel numbers on page 7 & 8 of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date