HomeMy WebLinkAboutSnake River Agriculture LLC - MOU for Snake River Latecomer Agreement for Sewer Line
Memorandum of Understanding
Elm Street Sewer by Snake River Agriculture LLC - 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PASCO
AND
SNAKE RIVER AGRICULTURE LLC
BY THIS MEMORANDUM OF UNDERSTANDING entered into this _____ day of
October, 2023, between the City of Pasco, Washington (“City”), and Snake River Agriculture LLC
(“SRA”) and assigns is to clarify the City’s role related to the sewer project associated with Right-
of-Way permit number ROW23-0376 issued by the City of Pasco on October 6th, 2023.
Right of way permit number ROW2023-0376 describes improvements consisting of a new sewer
line to the South of East A Street as an extension of the existing Elm Street alignment. The City
owns nearby parcels that when developed would most likely utilize the proposed sewer.
The proposed sewer line is to be constructed by a private party or a combination of private parties
in support of their private development project. Once the sewer is constructed, the City’s
understanding is that the constructor of the sewer line intends to submit an application for a
developer reimbursement agreement for the improvements in accordance with the procedures
described in Section 14.25 of the Pasco Municipal Code (PMC) which, based on the current
information provided to the City, will include the City-owned parcels.
Section 14.25.130 of the PMC states that the connection fee associated with a developer
reimbursement agreement is due upon connection to or use of a street and/or utility system
improvement by a property subject to an assessment. Once the sewer line is constructed and has
met all City requirements for acceptance, the City will accept the facility by issuance of a warranty
letter. The party who constructs the proposed sewer line is responsible for providing the City with
the documentation required for processing a developer reimbursement agreement, including a
complete application, application fee, and final cost information.
A developer reimbursement agreement associated with this work shall be effective upon its
execution and recording as described in Section 14.25.080 of the PMC.
In consideration of this memorandum of understanding, the City shall:
A. The City will process the anticipated latecomer application in accordance with the
City’s standard procedures once submitted. All parties contributing to the
construction cost a part of an agreement between private parties will be considered
a "Developer” for the purposes of application and the execution of Section
14.25.130 of the PMC and will not be charged a fee associated the developer
reimbursement agreement described herein at the time of connection.
23rd
DocuSign Envelope ID: B844572C-ECDC-4506-A525-5AAA4CA883A0
Memorandum of Understanding
Elm Street Sewer by Snake River Agriculture LLC - 2
B. The City will process the application for a developer reimbursement agreement in
a timely manner.
C. Within 60 calendar days of execution of the anticipated developer reimbursement
agreement, the City will make all reasonable efforts to apply for a permit which
would include connection to sewer service and pay their portion of the developer
reimbursement agreement as allowed by law and at the discretion of the City
Council.
D. Based on information currently available to the City, both the City staff and SRA
(and assigns of SRA) agree that a fair contribution by the City for the improvements
based on the benefit provided to the City associated with installation is most likely
determined in accordance with the front footage method and is most likely 21.9%
of the project cost permissible for consideration in accordance with Section 14.25
of the PMC minus administrative fees in accordance with PMC 3.35.180. Note that,
if the assessment reimbursement area and preliminary assessment is contested in
accordance with the procedures described in Section 14.25.050 of the PMC, the
assessment reimbursement area and preliminary assessment will be at the discretion
of the City Council.
The City is not responsible for applying for the developer reimbursement agreement,
providing the documentation required for processing the application, or the completeness or
accuracy of the information provided by others. Execution of a developer reimbursement
agreement is subject to requirements within Section 14.25 PMC and Council approval and
contingent on the applicant following the process required within Section 14.25 of the PMC.
Additionally, nothing contained herein shall in any way require SRA to proceed with construction
of improvements related to Right of way permit number ROW2023-0376 for their private
development and they do so at their own discretion, risk and benefit.
CITY OF PASCO, WASHINGTON SNAKE RIVER AGRICULTURE LLC
________________________________ ________________________________
Adam Lincoln Steve West
City Manager Snake River Agriculture LLC
DocuSign Envelope ID: B844572C-ECDC-4506-A525-5AAA4CA883A0
10/23/202310/23/2023
Memorandum of Understanding
Elm Street Sewer by Snake River Agriculture LLC - 3
cc:
Ralph Broetje, nearby property owner
Bill Smith, Local Bounti
Jon Padvorac, City of Pasco City Engineer
Debby Barham, City of Pasco City Clerk
DocuSign Envelope ID: B844572C-ECDC-4506-A525-5AAA4CA883A0