HomeMy WebLinkAbout2024.08.19 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, August 19, 2024
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment)
to obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (914) 614-3221 and use access code
347-125-017.
City Council meetings 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.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by
Councilmembers, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
6 - 19 (a) Approval of Meeting Minutes for August 5th and August 12th
To approve the minutes of the Pasco City Council Regular Meeting
and Regular Workshop held on August 5, 2024, and August 12, 2024,
respectively.
20 - 21 (b) Bills and Communications - Approving Claims in the Total
Amount of $2,513,721.09
Page 1 of 148
To approve claims in the total amount of $2,513,721.09
($1,116,148.99 in Check Nos. 265852 - 266132; $34,371.54 in
Electronic Transfer Nos. 847363; $28,065.14 in Check Nos. 54794 -
54809; $1,335,135.42 in Electronic Transfer Nos. 30212203 -
30212917).
22 - 28 (c) Resolution No. 4481 - Accept Quote for New Cat and Dog
Kennels for New Tri-Cities Animal Control Facility
To approve Resolution No. 4481 awarding Quote No. 17999 for the
new cat & dog kennels for the new Tri-Cities Animal Control facility;
and further, authorize the City Manager to execute the contract
documents
29 - 38 (d) Resolution No. 4482 - Acceptance of Work for A Street Sports
Complex Phase 1
To approve Resolution No. 4482 accepting work performed by Big
D’s Construction of Tri-Cities, Inc., under contract for the A Street
Sports Complex Phase 1 Project.
39 - 48 (e) Resolution No. 4483 - Project Acceptance for East Riverview Lift
Station
To approve Resolution No. 4483, accepting work performed by Big
D's Construction, Inc. under contract for the Riverview East Lift
Station Project.
49 - 52 (f) Appointment to the Arts & Culture Commission of Joyce
McIntyre
To confirm Mayor Serrano's appointment of Joyce McIntyre to the
Arts & Culture Commission to Position No. 2, Community Member,
with a term from August 19, 2024, to January 1, 2028.
53 - 56 (g) Appointment to the Parks & Recreation Advisory Board of Sonee
Wilson and Reappointment of Alex Thornton
To confirm Mayor Serrano's appointment of Sonee Wilson to Position
No. 5 to the Parks & Recreation Advisory Board effective August 19,
2024, through February 2, 2027; and reappointment of Alex Thornton
to Position No. 3 with a term through February 2, 2027.
57 - 60 (h) Appointment to Planning Commission of Patrick Jones and
Reappointment of Kim Lehrman
To confirm the Mayor's appointment of Patrick Jones to Position No.
3 on the Planning Commission with the term from August 19, 2024, to
February 2, 2030, and reappointment of Kim Lehrman to Position No.
4 with a term ending on February 2, 2030.
Page 2 of 148
61 - 64 (i) Appointment to the HAPO Center Advisory Board of Jennifer
Kuklinski
To confirm the Mayor's appointment of Jennifer Kuklinski to the
HAPO Center Advisory Board with a term from August 19, 2024,
through December 31, 2025.
65 - 69 (j) *Reappointment to the Tri-City Regional Hotel/Motel Commission
of Jerry Beach
To confirm the reappointment of Jerry Beach (Holiday Inn Express,
Pasco) to the Tri-City Regional Hotel/Motel Commission for a two-
year term commencing on September 1, 2024 and ending August 31,
2026.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
70 - 72 (a) Attendance Awareness Month Proclamation (5 minutes)
Mayor Serrano will read the proclamation for "Attendance Awareness
Month" scheduled for September 2024 and present the proclamation
to United Way Benton & Franklin Counties CEO Dr. LoAnn Ayers.
6. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
73 - 88 (b) Presentation of Inspection Services for Rental Program (15
minutes)
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
Page 3 of 148
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
89 - 101 (a) Ordinance No. 4724 - Declaration of Public Use And Necessity (7
minutes)
MOTION: I move to approve Ordinance No. 4724, declaring public
use and necessity regarding the City of Pasco Broadmoor and
Sandifur Parkway intersection improvement project, and authorizing
condemnation.
102 - 114 (b) Resolution No. 4484 - Greyhound Inc., Pasco Intermodal
Transportation Facility Lease Addendum (3 minutes)
MOTION: I move to approve Resolution No. 4484, authorizing the
City Manager to Execute a five-year lease extension between
Greyhound Lines, Inc. and the City of Pasco for space at the Pasco
Intermodal Transportation Facility.
115 - 126 (c) Resolution No. 4485 - 2024-2025 City Council Goals and
Approval of the City Manager Workplan (5 minutes)
MOTION: I move to approve Resolution No. 4485, establishing
primary goals for the ensuing calendar years of 2024-2025.
MOTION: I move to approve the 2024-2025 City Manager Workplan.
127 - 146 (d) Resolution No. 4486 - Amendment of Sale of City Property along
Burden Boulevard (3 minutes)
MOTION: I move to approve Resolution No. 4486, approving the sale
of certain City-owned real property located along Burden Boulevard,
Parcel No.117370017.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Discussion with Legal Counsel About Current or Potential
Litigation per RCW 42.30.110(1)(i) (30 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
Page 4 of 148
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
147 - 148 (b) Adopted Council Goals (Reference Only)
(c) 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
City 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 5 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for August 5th and August 12th
I. REFERENCE(S):
08.05.2024 and 08.12.2024 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting and
Regular Workshop held on August 5, 2024, and August 12, 2024, respectively.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 148
MINUTES
City Council Regular Meeting
7:00 PM - Monday, August 5, 2024
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Melissa Blasdel, Charles
Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: Blanche Barajas
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community &
Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken
Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for July 1st, July 8th & July 22nd
To approve the minutes of the Pasco City Council Regular Meeting held on July
1st and Regular Workshops held on July 8, 2024 & July 22, 2024, and Special
Meeting held on July 22, 2024.
Bills and Communications - Approving Claims in the Total Amount of
$17,231,637.88 and Wriite-off Totaling $34,631.00 (delinquent bad debt)
To approve claims in the total amount of $17,231,637.88 ($10,984,215.74 in
Check Nos. 265048 - 265851; $2,358,871.58 in Electronic Transfer Nos. 846936 -
Page 1 of 8Page 7 of 148
846968, 846973, 846982 - 847029, 847031 - 847259, 846261 - 847288;
$40,642.46 in Check Nos. 54755 - 54793; $3,845,807.08 in Electronic Transfer
Nos. 30210073 - 30212202;$2,101.02 in Check Nos. 982 - 984).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $34,631.00 and, of that amount, authorize $34,631.00 to be
turned over for collection.
Resolution No. 4472 - Supplemental Agreement with HLA for Project
Management Professional Services on Lewis Street Overpass Project
To approve Resolution No. 4472, authorizing the City Manager to execute
Supplement No. 3 for the Professional Services Agreement with HLA engineering
and Land Surveying, Inc. for the Lewis Street Overpass Project.
Resolution No. 4473, Declaring the City's 2024 Legislative Interim Action
Plan as Potential Legislature Priorities for the 2025 Session of the
Washington State Legislature
To approve Resolution No. 4473, declaring the City's 2024 Legislative Interim
Action Plan as potential legislative priorities for the 2025 Session of the
Washington State Legislature.
Reappointment to the Pasco Public Facilities District Board of Mark
Morrissette
To confirm the Mayor's reappointment of Mark Morrissette to Position No. 2 on
the Pasco Public Facilities District Board with the term expiring on July 14, 2028.
Appointment to the Housing Authority of the City of Pasco & Franklin
County Board of Commissioners of Paul Cook
To appoint Paul Cook to the Housing Authority Board of Commissioners under
Position No. 4 effective August 5, 2024, through January 28, 2025.
ROLL CALL VOTE
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
PUBLIC COMMENTS
Page 2 of 8Page 8 of 148
Irving Brown Sr., Pasco resident, commented on the need of funding for the
Martin Luther King (MLK) Center. He submitted his written comments to City Clerk
Barham.
Benjie Allen Griffin, Pasco resident and NWACP Vice President, requested
support from City Council to fund the MLK Center renovation.
Rachel Getner, Pasco resident, expressed concern to the tree removal of Peanuts
Park North.
Jay, Benton County resident, expressed concern regarding the removal of funding
to the MLK Center.
Arron Rinehart, Pasco resident, expressed concern regarding a gas line
easement in his Chiawana Homeowners Association (HOA) member and
assessment of beautifying that easement was being charged to the HOA
members. He also expressed support for funding to the MLK Center.
Mary Mahoney, Pasco resident, commented on the Pasco Aquatics Facility and
expressed support to reallocate the funding to other City facilities. She also
commented on Animal Control business hours and funding for it.
Zahra Roach, Pasco resident, commented on the Boys & Girls Clubs of Benton &
Franklin Counties and the MLK Center. She requested updated information
regarding the MLK Center project on the City's website.
Jay, Benton County resident, apologized for his outburst earlier and expressed
appreciation to Councilmember Perales' support for the MLK Center.
Kim Lehrman, Pasco resident, commented on the MLK Center and the 1.2 million
allocated to the MLK Center. She requested updated information on the City's
website.
Andre Griffin, Pasco resident, commented on the funding allocated to specific
projects and lack of transparency of notifying the public.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mayor Serrano reported on the World Horseshoe Pitching competition he recently
attended in Kennewick, WA.
RECESS
Mayor Serrano called a five-minute recess at 7:37 PM to fix the Council microphone
issue.
Page 3 of 8Page 9 of 148
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Hearing & Ordinance No. 4721 - ROW Vacation for MACA LLC Alleys
Vacation (VAC 2024-001)
Mr. Gonzales provided a brief report on the proposed vacation.
Mayor Serrano declared the Public Hearing open to consider the proposed right-
of-way vacation for MACA LLC Alley Vacation.
Following three calls for comments, and there being none, Mayor Serrano
declared the Public Hearing closed.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4721, vacating a 20-foot Alley in Block 105 Pasco Land
Company First Addition to Pasco, Washington, and, further, authorize
publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
Public Meeting & Resolution No. 4476 - Accepting a Notice of Intent for
Valdivia Annexation (ANX 2024-001)
Mr. Gonzalez provided a brief report on the notice of intent to annex into the City
of Pasco.
Mayor Serrano declared the Public Meeting with the proponents open to consider
the proposed annexation.
Following three calls for comments, and there being none, Mayor Serrano
declared the Public Meeting closed.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4476, accepting a notice of intent to commence
annexation proceedings for the Valdivia annexation, providing a determination
on the boundary to be annexed, and whether simultaneous zoning and the
assumption of bonded indebtedness will be required.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
Page 4 of 8Page 10 of 148
ABSENT: Councilmember Barajas
Public Meeting & Resolution No. 4477 - Accepting a Notice of Intent for
Shumway/Taylor Flats Road Annexation (ANX 2024-002)
Mr. Harpster recused himself from this item and left the Council Chambers.
Mr. Gonzalez provided a brief report on the notice of intent to annex into the City
of Pasco.
Mayor Serrano declared the Public Meeting with the proponents open to consider
the proposed annexation.
Following three calls for comments, and there being none, Mayor Serrano
declared the Public Meeting closed.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4477, accepting a notice of intent to commence
annexation proceedings for the Shumway annexation, providing a
determination on the boundary to be annexed, and whether simultaneous
zoning and the assumption of bonded indebtedness will be required.
RESULT: Motion carried unanimously 5-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, and Councilmember
Perales
ABSTAIN: Councilmember Harpster
ABSENT: Councilmember Barajas
Mr. Harpster returned to Council Chambers.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4722 - Amending Pasco Municipal Code Titles 5 and 25
Related to Public Space and Mobile Vending (CA 2023-005)
Mr. Gonzalez provided a brief review of the proposed Pasco Municipal Code
(PMC) changes.
Mr. Perales expressed appreciation to staff for completing this amendment.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4722, amending Title 5 Business Licenses and
Regulations, and Title 25 Zoning, of the Pasco Municipal Code to implement
the Downtown Pasco Master Plan by expanding opportunities for businesses to
use streets, public spaces, and private lots, to increase activity in downtown
and in other retail, hubs and, further, authorize publication by summary only.
Page 5 of 8Page 11 of 148
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
Ordinance No. 4723 - Small Cell Wireless Facility Deployment Franchise
Agreement for US Cellular
Mr. Ferguson provided a brief review of the proposed franchise agreement.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4723, approving a non-exclusive Franchise to
construct, install, operate, maintain, repair, or remove small wireless facilities,
small wireless facility poles and small wireless towers within the public ways of
the City of Pasco and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
Resolution Nos. 4478 & 4479 - Surplus and Sale of City Property along
Burden Boulevard
Ms. Sigdel provided a brief report on the proposed surplus and then sale of City-
owned real property.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Harpster
to approve Resolution No. 4478, approving the surplus of certain City-owned
real property located along Burden Boulevard, Parcel No.117370017.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4479, approving the sale of certain City-owned real
property located along Burden Boulevard, Parcel No.117370017.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
Page 6 of 8Page 12 of 148
Resolution No. 4480 - Setting a Public Hearing for Alvarado Place ROW
Vacation (VAC 2024-002)
Mr. Gonzalez provided a brief report on the proposed right-of-way vacation.
ROLL CALL VOTE
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4480, setting 7:00 p.m., Monday, September 16,
2024, as the time and date for a public hearing to consider the vacation of a
20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7
located approximately 300 feet east of the intersection of Road 100 and West
Court Street, in Pasco, Washington.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, Councilmember
Harpster, and Councilmember Perales
ABSENT: Councilmember Barajas
Resolution Nos. 4474 & 4475 - Approving two (2) Developer Reimbursement
Agreements with Big Sky Developers
Mr. Harpster recused himself from this item and left the Council Chambers.
Mr. Gonzalez provided a brief recap of the proposed developer reimbursement
(latecomer) agreements.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4474, authorizing the City Manager to execute a
Developer Reimbursement Agreement with Big Sky Developers, LLC for the
construction of water utility improvements for Spencer Estates, Phase 4.
RESULT: Motion carried unanimously 5-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, and Councilmember
Perales
ABSTAIN: Councilmember Harpster
ABSENT: Councilmember Barajas
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4475,authorizing the City Manager to execute a
Developer Reimbursement Agreement with Big Sky Developers, LLC for the
construction of utility improvements for the Dunes, Burns Road pressure
reducing valve.
RESULT: Motion carried unanimously 5-0
Page 7 of 8Page 13 of 148
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, Councilmember Grimm, and Councilmember
Perales
ABSTAIN: Councilmember Harpster
ABSENT: Councilmember Barajas
Mr. Harpster returned to the Council Chambers.
MISCELLANEOUS DISCUSSION
Mr. Lincoln reported on the tours with the state legislative delegates conducted
earlier in the day.
Mr. Perales sought Council's concurrence to earmark all the funding received
from the Marijana sales to go to Parks & Recreation.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:17 PM for 15 minutes returning at
8:32 PM to discuss with Legal Counsel about current or potential litigation per
RCW 42.30.110(1)(i) and to consider the minimum offering price for sale or lease
of real estate if there’s a likelihood that disclosure would decrease the price per
RCW 42.30.110(1)(c). the factors for going into executive session included site,
sale price, and land use. The City Manager, Deputy City Manager, City Attorney,
and Parks & Recreation Director also attended the Executive Session.
Parks & Recreations Director returned to the Council Chambers at 8:22 PM.
Mayor Serrano called the meeting back to order at 8:32 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:32 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 8 of 8Page 14 of 148
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, August 12, 2024
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community &
Economic Development Director; Jesse Rice, Parks & Recreation Director; Maria
Serra, Public Works Director; and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Grimm reported on the annual National Night Out community event hosted by
Pasco Police Department and the Ben Franklin Transit Board meeting he recently
attended.
Mayor Pro Tem Milne reported on the National Night Out event, the Ben Franklin
Transit Board meeting and grand opening of Syngenta Vegetable Seeds facility
he recently attended.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Presentation - Benton County Recovery Coalition and 9-1-1 Funding for
Page 1 of 5Page 15 of 148
Franklin County
Mr. Lincoln introduced Franklin County Sheriff Jim Raymond who provided an
update on the Benton County Recovery Coalition.
Council and Sheriff Raymond continued discussing the Benton County Recovery
Coalition.
Sheriff Raymond reported on the urgent need to upgrade the Franklin County
emergency communications system to an 800MHz system, which will also provide
coverage for dead spots identified throughout Franklin County.
Council, Mr. Ferguson and Sheriff Raymond continued to discuss the need for the
emergency communications system upgrade.
Mayor Serrano asked for public comments and no one came forward to speak.
MOTION: Councilmember Perales moved, seconded by Councilmember
Blasdel to direct staff to prepare a resolution in support of the 9-1-1 tax
proposition scheduled for the November 2024 ballot.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Presentation - Columbia River Shoreline Reconveyance Update
Mr. Rice introduced Karl Dye and David Reepleog from the Tri-City Development
Council (TRIDEC) who presented an updated on the Columbia River shoreline
reconveyance.
Mayor Serrano asked for public comments and no one came forward to speak.
2023 Comprehensive Plan Amendment Docket
Mr. Gonzalez presented on the process related to the 2023 Comprehensive Plan
amendments, preparing the Amendment Docket, and the two proposed
amendments to the Comprehensive plan.
Council and Mr. Gonzalez briefly discussed the two proposed amendments.
Steven Schlagel, Pasco resident, spoke in opposition to the proposed
amendment for CPA2023-001.
Shane O'Neill, applicant, spoke in favor to the proposed amendment for
CPA2023-001. However, he stated that if this amendment is denied he asked that
it be remanded to Planning Commission so that it may be reconsidered for
Page 2 of 5Page 16 of 148
another "future land use designation".
James Foreman, Pasco resident, spoke in opposition to the proposed amendment
for CPA2023-001.
John Scheline, applicant, spoke in support to the proposed amendment for
CPA2022-003.
2025-2030 Capital Improvement Plan Presentation
Ms. Sigdel provided a brief presentation on the 2025-2030 Capital Improvement
Plan (CIP) where she explained how the projects identified in the CIP are
funneled down through the availability of funding from various sources, including
but not limited to, state and federal grants and low interest rate loans, bonds, etc.
Then the CIP projects are narrowed down to what can be completed in full or by
scheduled phases, which is included within a biennial budget.
Ms. Pashon announced the communications and outreach plan for the 2025-2030
CIP.
Ms. Serra and Mr. Rice highlighted some of the key projects identified for the
2025-2026 Biennial Budget.
Mr. Grimm expressed appreciate for the Xeriscaping actions, as well as the
improved satiety for the Sylvester Street Overpass..
Mayor Serrano asked for public comments and no one came forward to speak.
Resolution - Acceptance of Work for A Street Sports Complex Phase 1
Ms. Serra provided a brief report on the pending acceptance of work for the
completed A Street Sports Complex project.
Mayor Serrano asked for public comments and no one came forward to speak.
Resolution - Accept Quote for New Cat and Dog Kennels for New Tri-Cities
Animal Control Facility
Ms. Serra provided a brief report on the pending acceptance of the new dog and
cat kennels for the new Tri-Cities Animal Control (TCAC) facility.
Mary Mahoney, Pasco resident, asked if the kennels were going to be on the
outside of the building.
Mr. Rice stated the kennels were for inside the new facility.
Resolution - Project Acceptance for East Riverview Lift Station
Page 3 of 5Page 17 of 148
Ms. Serra provided a brief report on the pending acceptance of work for the
completed East Riverview Lift Station project.
Mary Mahoney, Pasco resident, commented on an annexation that occurred in
2022, asked for a readable map of a portion of Pasco, and commented on the
wetlands and loss of birds. She asked that the wetlands area e turned into a
green zone and she will move.
MISCELLANEOUS COUNCIL DISCUSSION
Ms. Pashon announced that City Clerk Barham received the Master Municipal
Clerk designation after earning the education and experience points needed for
this designation.
Mr. Perales asked Council concurrence to place a moratorium on the City related
to banning future Cannabis retail shops.
Mr. Ferguson stated that the Pasco Municipal Code (PMC) limits the number of
retail shops to four stores. He also explained the purpose of moratoriums noting
that they are temporary in nature and do not create a permanent ban for a
subject. He said that he would research this to confirm that the current PMC is the
best avenue to ensure that no additional stores may set up shop in Pasco.
Ms. Blasdel announced that the Pasco High School Dance Team just returned
from the Hip Hop International competition and they placed first out of all the
United States teams and 17th in the entire competition.
Mr. Harpster asked for an update of Peanuts Park North after the removal of the
trees.
Mr. Rice responded that Peanuts Park North is on his list of projects to do.
Ms. Barajas commented on the parks and maintenance statistics that Mr. Rice
provided during the Pasco Chamber of Commerce meeting earlier in the day. She
encourages the public to get the Ask Pasco App, which is a great way to report
issues within the City. She also recapped the upcoming open house events to
gather needed public comments for the 2025-2030 Capital Improvement Plan.
Mr. Grimm expressed appreciation for Council opening the workshops for public
comments. He also commented on the cannabis issue and the Martin Luther King
Jr Center and Boys & Girls Club facilities funding for needed remodels.
RECESS
Mayor Serrano called a five-minute recess at 9:20 PM.
Page 4 of 5Page 18 of 148
CLOSED SESSION
Council adjourned into Closed Session at 9:25 PM for 15 minutes returning at
9:40 PM to discuss Collective Bargaining Unit Negotiations per RCW
42.30.140(4)(a) with the City Manager, Deputy City Manager, Human Resources
Director, and City Attorney.
At 9:40 PM Mayor Serrano announced that the Closed Session would continue for
another five minutes or until 9:45 PM.
Mayor Serrano called the meeting back to order at 9:45 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:45 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 5 of 5Page 19 of 148
AGENDA REPORT
FOR: City Council August 15, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$2,513,721.09
I. REFERENCE(S):
Accounts Payable 08.01.24 - 08.14.24
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,513,721.09 ($1,116,148.99 in
Check Nos. 265852 - 266132; $34,371.54 in Electronic Transfer Nos. 847363;
$28,065.14 in Check Nos. 54794 - 54809; $1,335,135.42 in Electronic Transfer
Nos. 30212203 - 30212917).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 20 of 148
REPORTING PERIOD:
August 19, 2024
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 265852 - 266132 54794 - 54809
Total Check Amount $1,116,148.99 $28,065.14 Total Checks 1,144,214.13$
Electronic Transfer Numbers 847363 30212203 - 30212917
Total EFT Amount $34,371.54 $1,335,135.42 $0.00 $0.00 Total EFTs 1,369,506.96$
Grand Total 2,513,721.09$
Councilmember B
100 355,517.42
110 29,683.58
140 34,730.30
142 736.94
145 6,805.78
150 68,258.73
160 1,376.13
165 1,500.00
166 3,210.00
168 32,694.32
180 2,912.99
185 616.33
190 47,651.67
191 5,414.00
194 39,225.90
195 4,141.30
196 HOTEL/ MOTEL EXCISE TAX 1,200.00
367 124,054.94
410 295,446.29
510 43,887.64
690 1,414,656.83
GRAND TOTAL ALL FUNDS:2,513,721.09$
August 1 to August 14, 2024
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed
as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such
Adam Lincoln, City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
Nineteenth day of August, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment:
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
ANIMAL CONTROL
MULTI-MODAL FACILITY
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
RIVERSHORE TRAIL & MARINA MAIN
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
Page 21 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam R. Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4481 - Accept Quote for New Cat and Dog Kennels for
New Tri-Cities Animal Control Facility
I. REFERENCE(S):
Resolution
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4481 awarding Quote No. 17999
for the new cat & dog kennels for the new Tri-Cities Animal Control facility; and
further, authorize the City Manager to execute the contract documents
III. FISCAL IMPACT:
Vendor Name Quote Responsive Quote
MWI Veterinary Supply $420,677.32 Yes
Covetrus $425,169.50 Yes
Patterson Veterinary
Supply $429,325.08 Yes
Otto Environmental $469,936.17 No
IV. HISTORY AND FACTS BRIEF:
A revised formal RFQ was issued (Quote 17999) for New Cat and Dog Kennels
for the New Tri-Cities Animal Control Facility on June 26, 2024. This new RFQ
differed from the original in that material types were changed and two new
"overflow" kennels were added. Four (4) quotes were received which were
opened on July 17, 2024. The lowest responsive quote was submitted by MWI
Veterinary Supply Co. of Boise Idaho in the amount of $420,677.32. The
engineer's estimate was $421,032.77.
Page 22 of 148
For reference, the original RFQ was issued on March 24, 2024 and five (5)
quotes were opened on April 8, 2024. Council rejected all quotes given that the
lowest responsive quote was in the amount of $568,693.90, significantly
exceeding the engineer's estimate.
V. DISCUSSION:
This item was presented to Council at the August 12, 2024, Workshop Meeting.
Staff recommends award to MWI Veterinary Supply Co. for the New Cat and
Dog Kennels for the New Tri-Cities Animal Control Facility and authorize the
City Manager to execute the contract documents.
Page 23 of 148
Resolution – New Cat & Dog Kennel Quote Acceptance - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AWARDING QUOTE NO. 17999 FOR THE NEW CAT & DOG KENNELS FOR
THE NEW TRI-CITIES ANIMAL CONTROL FACILITY; AND FURTHER,
AUTHORIZES THE CITY MANAGER TO EXECUTE THE CONTRACT
DOCUMENTS.
WHEREAS, the City of Pasco (City) identified a need to purchase new cat and dog kennels
for the New Tri-Cities Animal Control Facility; and
WHEREAS, the City solicited sealed public quotes for the new cat and dog kennels,
identified as Quote No. 17999 New Cat & Dog Kennels for the Tri-Cities Animal Facility; and
WHEREAS, on July 17, 2024, at 11:00 a.m., four (4) quotes were received and opened by
the City with one (1) quote deemed irregular; and
WHEREAS, the lowest responsive bidder was MWI Veterinary Supply Co. with a quote
of $420,677.32; and
WHEREAS, the quote documentation was reviewed, and the lowest bidder was
determined to be responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards Quote No. 17999 for the New Cat & Dog Kennels for the New
Tri-Cities Animal Control Facility to MWI Veterinary Supply Co., in the amount of $420,677.32;
and further authorizes the City Manager to execute the Contract documents.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington, on this ____ day of
August, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 24 of 148
Pasco City Council
Regular Meeting
August 19th , 2024
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Quotes for New Cat & Dog Kennels for the New
Tri-Cities Animal Control Facility – Quote# 17999
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Quotes for New Cat & Dog Kennels for the New
Tri-Cities Animal Control Facility – Quote# 17999
New Cat & Dog Kennels Quotes
Responsive Quote Quote AmountVendor Name
Yes$420,677.32MWI Veterinary Supply
Yes$425,169.50Covetrus
Yes$429,325.08Patterson Veterinary Supply
No$469,936.17Otto Environmental
$421,032.77Engineers Estimate
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AGENDA REPORT
FOR: City Council August 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4482 - Acceptance of Work for A Street Sports Complex
Phase 1
I. REFERENCE(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4482 accepting work performed by
Big D’s Construction of Tri-Cities, Inc., under contract for the A Street Sports
Complex Phase 1 Project.
III. FISCAL IMPACT:
Total Payment to Big D's Construction of Tri-Cities, Inc.: $1,385,767.22
This project was funded through a State of Washington Recreation
Conservation Office (RCO) Grant and local funds.
IV. HISTORY AND FACTS BRIEF:
The A Street Sports Complex Phase 1 Project (No. 21155), construction
contract was awarded by Council action to Big D's Construction of Tri-Cities,
Inc. of Pasco WA on August 1, 2022, in the amount of $1,314,509.10. The
project is now complete and was constructed per project specifications. Final
construction costs paid totaled $1,385,767.22, after the approval of 6 Change
Orders.
Change Orders (CO) for the project included:
CO No.1 No Cost Change order: FPUD made some changes in the size and
location of their vaults. Since the work had not started on the vault installation,
Page 29 of 148
this Change order did not incur any added cost.
CO No.2 ($4,687.62): Grading revision to lower finish grade around existing
utilities along A street portion of the project..
CO No.3 ($39,100.13): Upsize of 8" water main to 12" water main down Elm
Street from the intersection of A street to the project limits.
CO No.4 ($2,418.60): Change of sales tax from 8.7% to 8.9%.
CO No.5 ($24,128.03): Install a mow strip, fabric, and rock along new slope on
A street.
CO No 6 ($923.74): Place fabric and landscape rock in northwest corner of
entryway in lieu of grass.
The project is complete and the materials and workmanship meets the
standards specified in the contract documents.
V. DISCUSSION:
This item was presented to Council at the Workshop Meeting on August 12,
2024.
Staff recommends approval of the proposed Resolution accepting the work
performed by Big D's Construction of Tri-Cities, Inc. for the Construction of the
A Street Sports Complex Phase 1 Project.
Page 30 of 148
Resolution – A St Sports Complex Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY BIG D’S CONSTRUCTION OF TRI-
CITIES, INC., UNDER CONTRACT FOR THE A STREET SPORTS
COMPLEX PHASE 1 PROJECT.
WHEREAS, the work performed by Big D’s Construction of Tri-Cities, Inc., under
contract for Project No. 21 155 has been examined by City of Pasco (City) Staff and been found
to be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Big D’s Construction of Tri-Cities, Inc., under contract for Project No. 21 155
A Street Sports Complex Phase 1 as being completed in apparent compliance with the project
specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Public Works Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
__________, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 31 of 148
Pasco City Council Meeting
August 19, 2024
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A Street Sports Complex Phase 1
Project # 21155
Contract awarded on August 1st, 2022,
to Big D’s Construction of Tri-Cities,
Inc. for $1,314,509.10
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A Street Sports Complex Phase 1 Project
Before
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A Street Sports Complex Phase 1 Project
In Progress
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A Street Sports Complex Phase 1 Project
After
Final Construction Cost:$ 1,385,767.22
Change Orders: $71,258.12
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A Street Sports Complex Phase 1 Project
Construction Costs
$842,297.00Engineer’s Estimate
$1,314,509.10Bid Award
$71,258.12Change orders
$1,385,767.22Final Construction Costs
Change order AmountChange Order DescriptionChange Order No.
$0FPUD revised plans1
$4,687.62Grading Revision in easement2
$39,100.13Water Main Upsize3
$2418.60Sales Tax change4
$24,128.03Additional Mow strip along north slope5
$923.74Additional Landscape rock6
Total - $ 71,258.12
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AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4483 - Project Acceptance for East Riverview Lift Station
I. REFERENCE(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4483, accepting work performed
by Big D's Construction, Inc. under contract for the Riverview East Lift Station
Project.
III. FISCAL IMPACT:
Bid Award $ 936,885.68
Change Orders (Tax Adjustments) $ 1,974.30
Project Closeout Reconciliation (Under Budget) ($ 29,513.41)
Final Construction Cost $ 909,346.57
The project closeout reconciliation amount represents a total of bid items not
completely used and reflects work completed under budget. Bid items not used
included cold mix asphalt construction materials not needed during the warmer
weather construction timeframe. The closeout reconciliation amount also
accounts for not using the entire force account bid item.
Funding for this project was included in the 2021-2022 Adopted Budget as
summarized below.
Page 39 of 148
2021-2022 Adopted Budget:
Sewer Fund (450) $ 1,400,000
Secured 2017 Utility Revenue Bond $ 300,000
IV. HISTORY AND FACTS BRIEF:
The Riverview East Sewer Lift Station project, originally titled Road 52 & Pearl
Lift Station, supports development within the East Riverview area at a density
consistent with the City's Comprehensive Plan and population growth
projections. The construction of this lift station allows for properties within this
designated sub-basin area to be served by the City's Sanitary Sewer system.
The work performed includes:
Installation of a new packaged sewer lift station (two pumps at 120 GPM
each) with associated site improvements
Installation of approximately 2,200 linear feet of 4-inch-diameter force
main
Installation of approximately 400 linear feet of 12-inch-diameter gravity
sewer main
The lift station has the capacity to reliably serve 267 Equivalent Residential
Units (ERUs). A development with 56 ERUs is already connected to and being
served by this lift station. Similar developments within this basin are
anticipated to follow in the near term.
V. DISCUSSION:
This item was presented to Council at the August 12, 2024 Workshop Meeting.
City Staff recommends approval of the resolution for the acceptance of the
Riverview East Lift Station Project, as constructed by Big D’s Construction, Inc.
Page 40 of 148
Resolution – Riverview East LS Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY BIG D’S CONSTRUCTION, INC.,
UNDER CONTRACT FOR THE RIVERVIEW EAST LIFT STATION
PROJECT.
WHEREAS, the work performed by Big D’s Construction, Inc., under contract for Project
No. 19053 Riverview East Lift Station has been examined by City of Pasco (City) Staff and been
found to be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Big D’s Construction, Inc., under contract for Project No. 19053 Riverview
East Lift Station as being completed in apparent compliance with the project specifications and
drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
the Public Works Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of August,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 41 of 148
Pasco City Council
Regular Meeting
August 19, 2024
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Riverview East Lift Station
Project #19-053
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Riverview East Lift Station
Project #19-053
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Riverview East Lift Station
Project #19-053
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Riverview East Lift Station
Project #19-053
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CONSTRUCTION COSTS
$1,102,478.96Engineer’s Estimate
$936,885.68Bid Award
$(27,539.11)Change Order Total
$909,346.57Final Construction Contract Total
Riverview East Lift Station
Project #19-053
AmountDescription of Contract Changes
$862.69State Sales Tax Adjustment from 8.6% to 8.7%
$1,111.61State Sales Tax Adjustment from 8.7% to 8.9%
($29,513.41)Reconciliation of Bid Items to Reflect Work Completed
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AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Appointment to the Arts & Culture Commission of Joyce McIntyre
I. REFERENCE(S):
Resolution No. 4262 - Appointments to City Boards and Commissions
Candidate Application - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm Mayor Serrano's appointment of Joyce McIntyre to
the Arts & Culture Commission to Position No. 2, Community Member, with a
term from August 19, 2024, to January 1, 2028.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
through Commission and Arts Culture established Council City The the
Ordinance No. 4472 in November of 2019 to advise the City Council on matters
relating and placement procurement, culture; including art public to and
maintenance of public art and to serve as the City’s primary resource in
matters of public art and culture.
The Arts & Culture Commission member representation consists of the
following:
Community Member: Persons of public agencies, organizations enhancing
Pasco’s quality of life or, persons working outside of professional practice in
the arts but who demonstrate a deep interest in and understanding of public art
activities. Member is required to live, work, or own business within Pasco city
limits.
Page 49 of 148
Position No. 1
Position No. 2
Art Professional: Persons in professions such as art directors, educators,
managers/administrators, dealers and/or individuals enrolled in higher
education art programs.
Position No. 3
Position No. 4
Position No. 5
Artist literature, sculpture, painting, to: music, not but Including limited :
architecture, and performing arts. Member is required to live, work, or own
business within Pasco city limits.
Position No. 6
Youth Representative: Person between the ages of 15 to 20 years old at the
time of appointment, nexus to Pasco is required.
Position No. 7
With the exception of the Youth Representative, the standard term for this
appointment is four years. The Youth Representative terms ends on each even
year.
As outlined in Resolution No. 4262, the Council Subcommittee, consisting of
Mayor Barajas, Mayor Pro Tem Brown and Councilmember Campos met to
review the application packet.
Mayor Serrano and Councilmembers Perales & Barajas interviewed two
candidates for the Community Member Position No. 2. After a brief discussion
with the Councilmembers, Mayor Serrano appointed Ms. McIntyre as she was
a qualified and appropriate individual to fill the vacant Community Member
position.
V. DISCUSSION:
Mayor Serrano requests Council's concurrence in his appointment of Joyce
McIntyre to the Arts & Culture Commission as a Community Member.
Page 50 of 148
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 51 of 148
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 52 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Appointment to the Parks & Recreation Advisory Board of Sonee Wilson
and Reappointment of Alex Thornton
I. REFERENCE(S):
Resolution No. 4262
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To confirm Mayor Serrano's appointment of Sonee Wilson to Position No. 5 to
the Parks & Recreation Advisory Board effective August 19, 2024, through
February 2, 2027; and reappointment of Alex Thornton to Position No. 3 with a
term through February 2, 2027.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
seven of composed is (PRAB) The Advisory Recreation & Parks Board
members; terms are for three years. The PRAB meets the second Thursday of
every odd month at 5:30 PM in the City Hall Council Chambers. The PRAB
discusses and makes recommendations to the City Council and the City
Manager on matters pertaining to programs administered by the Recreation
Division, and capital improvements related to the City's parks system.
As outlined in Resolution No. 4262, the Council Subcommittee, consisting of
Mayor Serrano, Mayor Pro Tem Milne and Councilmember Harpster, reviewed
the applications and interviewed Ms. Wilson for the vacant position.
Page 53 of 148
V. DISCUSSION:
After the interviews concluded, Mayor Serrano appointed Sonee Wilson to
Position No. 5 and reappointed Alex Thornton to Position No. 3 on the Parks &
Recreation Advisory Board. The terms for both positions is through February 2,
2027.
Mayor Serrano is seeking Council's concurrence with the Parks & Recreation
Advisory Board appointment and reappointment as presented.
Page 54 of 148
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 55 of 148
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 56 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, Interim City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Appointment to Planning Commission of Patrick Jones and
Reappointment of Kim Lehrman
I. REFERENCE(S):
Resolution No. 4262
Candidate Applications - Council only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's appointment of Patrick Jones to
Position No. 3 on the Planning Commission with the term from August 19,
2024, to February 2, 2030, and reappointment of Kim Lehrman to Position No.
4 with a term ending on February 2, 2030.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Planning Commission (PC) is composed of nine members; terms are for
six years. The PC meets the third Thursday of every month at 7:00 PM in the
City Hall Council Chambers. The PC discusses and makes recommendations
to the Plan, Comprehensive City's the to pertaining matters on Council
subdivision Ordinance and Zoning Ordinance of the Pasco Municipal Code.
As outlined in Resolution No. 4262, the Council Subcommittee, consisting of
Mayor Harpster, Councilmember and Milne Pro Mayor Serrano, Tem
interviewed three candidates for the two expired positions.
V. DISCUSSION:
Mayor Serrano is seeking Council's concurrence for the appointment of Patrick
Page 57 of 148
Jones and reappointment of Kim Lehrman to the Planning Commission.
Page 58 of 148
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 59 of 148
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 60 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Appointment to the HAPO Center Advisory Board of Jennifer Kuklinski
I. REFERENCE(S):
Resolution No. 4262
Candidate Application - Council Only
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's appointment of Jennifer Kuklinski to
the HAPO Center Advisory Board with a term from August 19, 2024, through
December 31, 2025.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City entered into an Interlocal Agreement with Franklin County in 1993
providing for the joint development of the TRAC Facility, now named the HAPO
Center. The agreement provides for a HAPO Center Advisory Board,
composed of seven members, to advise the County Commission regarding all
aspects of the HAPO Center Facility (financial, operational, etc.). The advisory
committee is to be composed of three members residing outside of Pasco but
within Franklin County and appointed by the County Commissioners; three
members residing within the City of Pasco and appointed by the City Council; a
seventh member selected by mutual agreement of the six appointed Advisory
Board members.
The City representatives on the HAPO Center Advisory Board have historically
been two Councilmembers and a Pasco citizen.
Page 61 of 148
As outlined in Resolution No. 4262, the Council subcommittee, consisting of
Mayor Serrano, Mayor Pro Tem Milne and Councilmember Harpster met to
review the applications.
Mayor Serrano interviewed Jennifer Kuklinski, and after deliberations,
determined Ms. Kuklinski was an appropriate individual to serve on the HAPO
Center Advisory Board.
V. DISCUSSION:
Mayor Serrano requests Council's concurrence the appointment of Jennifer
Kuklinski to the HAPO Center Advisory Board effective August 19, 2024.
Page 62 of 148
RESOLUTION NO.4262
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND
COMMISSIONS.
WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist
the delivery of municipal services,as well as to advise the City Council in making policy decisions;
and
WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code
requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions,
subject to confirmation of the City Council; and
WHEREAS, the last amendment to the City's Boards and Commissions appointment
process was passed by Council on April 16, 2012, through Resolution No. 3388; and
WHEREAS, the solicitation process and management of the City's Boards and
Commissions members was transferred from the City Manager's Office to the City Clerk's Office
in January 2020; and
WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for
reviewing application packets and interviewing candidates was modified to accommodate meeting
restrictions, which also allowed far the use of new technology providing for the conduct of
interviews virtually; and
WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and
Commissions application packets and interviewing candidates through a Council subcommittee
consisting of two Councilmembers and the Mayor, which has been effective and efficient for both
the City Council and applicants alike.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
Section 1: Applications for vacancies on City Boards and Commissions shall be solicited
by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or
when a vacancy occurs due to a resignation or removal of a member.
Section 2: Application packets, of those candidates meeting the qualifications for the
Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the
Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall
be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for
upcoming position term expirations. The Council subcommittee shall select those candidates it
deems best suited for the respective Board/Commission but not more than three candidates for
Resolution—BC Interview&Appointment Process- 1
Page 63 of 148
each vacancy to be filled. The Council subcommittee shall consider the following factors,
including,but not limited to :
a) Geographic representation
b) Gender representation
c) Ethnic representation
d) Familial and financial relationships of board members
e) Qualifications and expertise related to the subject matter of the respective Board or
Commission
Section 3: The Council subcommittee shall conduct the interviews of the selected
candidates and may recommend reappointment of an incumbent applicant without interview if the
incumbent has served not more than two consecutive terms since the last interview. At a City
Council meeting following such interviews, an interviewed candidate shall be selected by the
Mayor for appointment/reappointment to each vacant position. Any candidate selected by the
Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum
present at such meeting shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions in this
resolution shall be superseded by this resolution.
Section 5: This Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this 24 day of October,
2022.
Blan s
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC err Fer I aw, PLLC
City Clerk City torneys
Resolution—BC Interview&Appointment Process-2
Page 64 of 148
AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: *Reappointment to the Tri-City Regional Hotel/Motel Commission of
Jerry Beach
I. REFERENCE(S):
Tri-Cities Hotel & Lodging Association Recommendation
Interlocal Agreement - Section 5, Tri-City Regional Hotel/Motel Commission
Appointments
Resolution No. 101-13 Amending the Commissioners' Term of Office
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the reappointment of Jerry Beach (Holiday Inn
Express, Pasco) to the Tri-City Regional Hotel/Motel Commission for a two-
year term commencing on September 1, 2024 and ending August 31, 2026.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Tri-Cities Tourism Promotion Area (TPA) was formed in 2004 by Pasco,
Kennewick, and Richland.
The TPA is a regional organization that collects a fee from hotels/motels in the
region and uses the funding to promote tourism in the area. The fee is remitted
to the state, which then distributes it back to the respective cities. The cities
then distribute the funding to the TPA, which uses it to fund marketing and
promotional activities.
The Tri-City Regional Hotel/Motel Commission oversees the TPA. The
Commission was established under Section 5 of the Interlocal Agreement
(attached). The Commission consists of six (6) voting members; two (2)
Page 65 of 148
members appointed by each of the three (3) Cities from nominees offered by
the Tri-Cities Hotel & Lodging Association. All vacancies are filled by the
respective City from a list of nominees offered by the Association.
V. DISCUSSION:
Per the Tourism Promotion Area ILA, the City of Pasco shall appoint two (2)
voting members by the Pasco City Council from a list of nominees prepared by
the Tri-City Hotel & Lodging Association from Operators of Lodging Businesses
within the City limits.
The Tri-Cities Hotel & Lodging Association is recommending Mr. Beach to
serve on the Tri-City Hotel/Motel Commission for another two-year term.
Page 66 of 148
R0.Box1739
mainland,WA99352
August 9,2024
Mr.Adam Lincoln
City of Pasco
525 N 3rdAve
Pasco,WA 99301
lVIr.Adam Lincoln:
This letter is in reference to the Pasco TPA Commissioner position currently held by Jerry Beach,from
the Holiday Inn Express in Pasco.Mr.Beach’s term is set to expire on August 31,2024 and he is eligible
for re-election.
The Tri—CitiesHotel and Lodging Association has selected Jerry Beach with the Holiday inn Express in
Pasco,as the preferred candidate to fulfill a new term as the TPA Commissioner to represent the City of
Pasco which will expire on August 31,2026.
If you have any questions regarding this issue,please do not hesitate to contact me at 509—792—1660.
Sincerely,
Monica Hammerberg
Treasurer
Tri—CitiesHotel &Lodging Association
Cc:Kevin Lewis —President CEO Visit Tri-Cities c
Page 67 of 148
Tourism Promotion Area
5. Creation of Tri-City Regional Hotel-Motel Commission.
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
( 1 ), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on
the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the
Tri-City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits ofthe City of Richland. In no event shall tifty percent (SO%) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri-City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
proposed activities and programs by the Tri-City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights , except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one-year term and the second member
serving a two-year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three-
fourths (3 /4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members ofthe Commission.
Page 68 of 148
RESOLUTION NO._1()1-13_
A RESOLUTION FOR AMENDMENT OF THE BYLAWS
OF THE TRI-CITY REGIONAL HOTEL-MOTEL
COMMISSION
WHEREAS,a proposal to amend the Bylaws has been introduced by a Commission
member;and
WHEREAS,notice of the proposed amendment has been provided to members of the
Commission ?fteen (15)days prior to the Commission meeting scheduled for consideration of
the proposed amendment,NOW,THEREFORE,
IT IS RESOLVED:
1.That Section 2.3 "Term of Office“shall be and hereby is amended and shall read
as follows:
Section 2.3.Term of Office.The initial voting members of the Commission
shall serve staggered terms with one—halfof the members serving a one year terms,and
the second half of the members serving a two year terms.The length of the term for each
individual voting member of the initial Commission shall be chosen by lot at the ?rst
meeting of the Commission.Thereafter,all voting members shall serve regular terms of
2.That Section 3.1 “Regular Commission Meetings"shall be and hereby is amended
and shall read as follows:
Section 3.1 Regular Commission Meetings.
The regular Commission meetingsshallbe held on the seeonelthird Thursday
of each month at 9:00 a.m.In the event there is no business to come before the
Commission at its regularly scheduled meeting or a quorum cannot be gathered,the
meeting may be postponed to the next available meeting date.
The number of those voting in favor of the Resolution are 6
The number of those voting in opposition of the Resolution are 0
The Resolution is g approved rejected.
Resolution No._l0l-13v
Page 1 of]
Page 69 of 148
AGENDA REPORT
FOR: City Council August 13, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Attendance Awareness Month Proclamation
I. REFERENCE(S):
Proclamation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Mayor Serrano will read the proclamation for "Attendance Awareness Month"
scheduled for September 2024 and present the proclamation to United Way
Benton & Franklin Counties CEO Dr. LoAnn Ayers.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Proclamations issued by the Mayor of the City of Pasco provide an opportunity
for the City to recognize exceptional events. The goal of a proclamation is to
recognize and celebrate the extraordinary achievements of Pasco community
members and non-profit organizations, honor occasions of importance and
significance, and increase public awareness of issues to improve the well-
being of the people of this city.
Information on how to request proclamations is available on the City's website
(also attached) to provide equitable opportunity for community members and
organizations to have their events and achievements recognized and
celebrated.
During Attendance Awareness Month, public agencies, educators, schools,
public officials, civic organizations, businesses, and families come together to
promote school attendance so children have an opportunity to learn and
Page 70 of 148
flourish.
Being absent from school just two days each month for any reason equates to
missing 10% of instructional time and valuable information needed to ensure
academic progress. Promoting regular school attendance is important for all
students but critical for our most vulnerable youth. Communities across the
country have started helping schools address chronic absences by building
public awareness and leveraging resources. Below is the vision for attendance
from our partners at the Office of Superintendent of Public Instruction (OSPI):
Absences can reflect inequities created by our systems (education,
economic, transportation, health)
Absences can signal when a student or family might need more support
Absences are a signal that cues us to take an inquiry stance and get
curious about why students aren’t attending
Students and families are often our best source of information to
understand how to increase attendance and engagement
Attendance is a stepping stone to engagement; a necessary precursor
of engagement or mastery
Attendance tells us when a student has accessed instruction
Responding to absences is more effective when it is positive and
proactive, not punitive
V. DISCUSSION:
Mayor Serrano will present Attendance Awareness Proclamation to United
Way Benton & Franklin Counties CEO Dr. LoAnn Ayers.
Page 71 of 148
Proclamation
“Attendance Awareness Month”
September 2024
WHEREAS, good attendance in school remains essential to student achievement and progress
toward graduation; and
WHEREAS, chronic absence – missing 10 percent, two or three days a month, or more – is a
predictor of academic trouble and dropout rates, and weakens our communities and local economy;
and
WHEREAS, all students, even those who show up regularly, are affected by chronic absence
because teachers must spend time reviewing for students who missed lessons; and
WHEREAS, student absenteeism can be significantly reduced when schools, parents, and
communities work together to monitor and promote good attendance and address hurdles that keep
children from participating in school; and
NOW, THEREFORE, I, Pete Serrano, Mayor of the City of Pasco, Washington, do hereby
proclaim September 2024 as
“Attendance Awareness Month”
and encourage all residents to join in and stand with the nation in its commitment to the academic
success of all students by focusing on reducing absenteeism to give all children an equal opportunity
to learn, grow, and thrive academically, emotionally, and socially.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the
City of Pasco, State of Washington, to be affixed this 19th day of August 2024.
Pete Serrano, Mayor
City of Pasco
Page 72 of 148
AGENDA REPORT
FOR: City Council August 16, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Presentation of Inspection Services for Rental Program (15 minutes)
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Inspection by established Program, Housing Rental Pasco's of City The
ordinance in 1997 and codified in Pasco Municipal Code 5.60.030, is designed
to ensure the safety and habitability of rental properties within the city. The
program identifies and addresses issues that could endanger tenant health or
safety, including structural problems, exposure to weather, plumbing and
sanitation defects, lack of water or heating, hazardous electrical systems, and
fire safety violations.
The State of Washington identifies rules and procedures for rental property
inspections inspection Rental 59.18.125. RCW municipalities local by in
programs are not requried in the State of Washington.
This program helps maintain and preserve the quality of housing available to
residents throughout Pasco.
V. DISCUSSION:
A presentation has been prepared by Community and Econonic Development
Department staff:
Page 73 of 148
Troy Hendren, Inspection Services Manager
Rosanna Johnson, Lead Code Enforcement Officer
Daniel Gallatin, Rental Inspector
Page 74 of 148
Pasco City Council Meeting
August 19th, 2024
RENTAL LICENSING & INSPECTION PROGRAM
Pa
g
e
7
5
o
f
1
4
8
Pasco Council Goals & Rental Housing
Council Goals 2024-2025
✓Promote a high-quality of life through quality programs and
services
✓Promote and encourage economic vitality
The City of Pasco's Rental Licensing and Inspection Program ensures safe,
habitable living conditions for tenants while maintaining property values
and neighborhood stability through proactive inspections and
accountability of property owners and tenants.
Pa
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7
6
o
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1
4
8
A Mutually Beneficial Program
Who does the program benefit?
➢Property Owners and Managers
➢Tenants
➢Neighbors
➢Fire & Police
➢Community
Pa
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7
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4
8
Inspection Process & Outcomes
When are inspections required?
•Initial licensing
•Once every two years thereafter
•Upon complaint by the tenant RCW 59.18
•When requested by a landlord
➢Inspections are conducted by a Code Officer or an approved 3rd party inspector
What is inspected?
•Dwelling units and accessory structures
•Life, safety and health
➢Inspection Results
•Pass
•Pass with Corrections
•Fail
Pa
g
e
7
8
o
f
1
4
8
Priority Habitability Issues
Dwelling units must comply with Pasco Municipal Code Title 5.60 and
the International Property Maintenance Code (IPMC) to obtain a City
of Pasco rental License.
•Structural Stability
•Structural Maintenance
•Plumbing and Sanitation
•Lack of hot water or water service
•Hazardous or inoperable heating and ventilation
•Defective, hazardous or missing electrical service and wiring
•Defective and inadequate emergency escapes and exits
•Anything which increases the risk of fire
•Violations of other applicable codes, rules, or regulations
Pa
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9
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4
8
Obstructed Emergency Response
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0
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1
4
8
Gas Fueled Appliance Ventilation & Safety
Bi-product: Carbon Monoxide
Pa
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8
1
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f
1
4
8
Laundry, Bath & Kitchen Ventilation
Interconnected
Laundry & Bath
Ventilation
Dryer Vented Through Kitchen
Exhaust Ducting
Pa
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e
8
2
o
f
1
4
8
Pests & Sanitation
Pa
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8
3
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1
4
8
Hazardous Stairs & Railings
Pa
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Electrical Hazards & Defects
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Complimentary Approaches
•Incentivize compliance
•Extend inspection cycles for compliant properties
•Self-certification for historically compliant properties
•Increase public outreach and education campaigns
•Landlord & Tenant Information Sessions
•Social Media & Educational Literature
•Create list of approved 3rd Party Inspectors
•Partner with schools, management companies, rental & tenant
associations
•Host stakeholder meetings to prompt innovative solutions
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Proactive v. Reactive Inspections
Program Type Pros Cons Relation to Targets
Proactive Programs
Prevent issues before they
arise, Cost-effective long-term,
Improves overall compliance
Requires upfront investment,
May not address all emerging
issues, Longer implementation
Aligns with long-term targets,
Reduces the need for reactive
measures, Builds a sustainable
system
Reactive Programs Addresses immediate problems,
Quick response
High cost over time, Only solves
issues after they occur, Can lead
to repeated problems
Supports short-term targets,
Temporary solutions to
immediate concerns, Doesn't
contribute to long-term goals
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Resources & Information
Harvard Joint Center for Housing Studies - Housing in the Context of Neighborhood Decline: Link to article (Harvard Joint Center for Housing Studies) (HUD User).
Urban Institute - Mapping Neighborhoods with the Highest Risk of Housing Instability and Homelessness: Link to article (Urban Institute).
Urban Institute – Proactive Rental Inspections Can Help Improve Tenant Health Outcomes:
Link to article (Urban Institute).
Rental Housing Association of Washington & Landlord Association - Summary of Washington State Rental Programs: Link to Page (RHAWA)
RentalAssistance.net on Rental Assistance Programs: This resource discusses various rental assistance programs and their impact on housing stability, which is relevant to reactive rental strategies. Read more here (Rental Assistance).
Urban Institute: How Housing Affects Children’s Outcomes. Read the article here (Housing Matters).
New America: Stable Housing is Unequivocally Good for Children and Families. Read the article here (New America).
Why Emergency Escape & Rescue Openings Matter – UL FSRI Home Furnishings Comparison (Natural vs. Synthetic)
Rental Licensing & Inspection Program - Ordinance 3231
United States Court of Appeals, Ninth Circuit, Columbia Basin Apartment Ass’n v. City of Pasco 2001
The Court of Appeals of Washington, Division Three, City of Pasco v. Shaw 2005
Supreme Court of Washington, Review Ordinance 3231, City of Pasco v. Shaw - 2007
International Property Maintenance Code (IPMC)
Rental Licensing & Inspection Program Fee Increase – Ordinance 4321
Pasco Municipal Code – Rental Licensing & Inspections 5.60
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AGENDA REPORT
FOR: City Council June 28, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Ordinance No. 4724 - Declaration of Public Use And Necessity (7
minutes)
I. REFERENCE(S):
Presentation
Proposed Ordinance
Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Ordinance No. 4724, declaring public use and
necessity regarding the City of Pasco Broadmoor and Sandifur Parkway
intersection improvement project, and authorizing condemnation.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Condemnation is a legal process by which the government can acquire private
property for public use, with just compensation to the owner, as provided by the
Fifth Amendment to the U.S. Constitution and Article I, Section 16 of the
Washington State Constitution.
The primary purpose of condemnation is to facilitate public projects that serve
the community's needs, such as:
Road construction and widening
Utility installation and expansion
Public buildings and facilities
Parks and recreational areas
Environmental conservation projects
Page 89 of 148
The condemnation process in Washington State is governed by several
statutes, including:
Revised Code of Washington (RCW) 8.12: Grants cities the power to
condemn property for public use.
RCW 8.04: Governs the general procedure for exercising eminent
domain.
RCW 8.25: Provides for the payment of relocation assistance and other
expenses to displaced property owners.
It must be determined that the acquisition of the property is necessary for a
public use. This involves identifying the project and evaluating alternative
solutions.
Pursuant to RCW 8.25.290, cities are required to give notice of an intention to
employ potential eminent domain proceedings, this provides the property
owner opportunity to reach a voluntary sale agreement. If negotiations are are
unsuccessful, the City Council must adopt a condemnation, formally declaring
the necessity to condemn the property. The City then files a condemnation
action in the Superior Court, outlining the public necessity and the failure to
reach a voluntary agreement. The court schedules a hearing to determine
whether the condemnation is justified and whether just compensation has been
offered. of order an it City, the issues favor in rules of court the If
condemnation.
Staff has attempted to contact the owner of the property on August of 2023 and
on 19 occasions in 2024. While City has been able to get in touch with the
owners on a couple of occasions, response to the offers presented have not
been forthcoming; in acceptance or denial.
In accordance with Section 8.25.290 of the Revised Code of Washington, the
City of Pasco passed Resolution No. 4467 on July 1, 2024, giving notice of an
intent to employ eminent domain to acquire the property.
V. DISCUSSION:
The proposed ordinance delegates authority to the City Attorney or designee to
commence condemnation action to acquire the property, and to take such
other action and/or implement other administrative procedures as may be
necessary to carry out the directives of this legislative action. This action is
regarding condemnation of 1,676.74 square footage of land on Sandifur
Parkway. This land runs on the southside of Sandifur Parkway in between
Broadmoor Boulevard and Dunbarton Avenue.
Staff recommends approval of the ordinance.
Page 90 of 148
Pasco City Council Meeting
July 1, 2024
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History
•Broadmoor and Sandifur Parkway Intersection Improvement.
•Numerous effort to reach property owner.
•Contact made but unable to get response; acceptance or denial.
•Small area (1676.74 Sq. ft.).
•Impacting project schedule.
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Location
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Update
Council passed Resolution No. 4467 on July 1, 2024,
giving notice of an intent to employ eminent domain to
acquire the property.
Appropriate notice was provided per RCW.Pa
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Policy Decision
Requesting delegation of authority to the City
Attorney or designee to commence
condemnation action to acquire the property.Pa
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Ordinance Authorizing Condemnation - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON DECLARING PUBLIC USE AND
NECESSITY REGARDING THE CITY OF PASCO
BROADMOOR AND SANDIFUR PARKWAY INTERSECTION
IMPROVEMENT PROJECT, AND AUTHORIZING
CONDEMNATION
WHEREAS, the City of Pasco is involved in a project to make certain improvements to, in,
on and under Broadmoor and Sandifur Parkway Intersection; and
WHEREAS, efforts have been made to obtain properties which need to be acquired in
connection with the project, including having the property appraised and trying to negotiate
reasonable amounts of compensation to be paid for the property to be acquired; and
WHEREAS, those efforts have not been successful in securing the acquisition of all of the
property necessary for the Project; and
WHEREAS, because of the importance of the City of Pasco Broadmoor and Sandifur
Parkway Intersection Improvement Project as a part of the City's utility and right-of-way
infrastructure system, and because the improvements are necessary to complete the intended project
work, and because of the importance of the improvements to be made, acquisition of additional
property is necessary for the project and for completion of the public uses of the project; and
WHEREAS, in accordance with Section 8.25.290 of the Revised Code of Washington, the
City of Pasco passed Resolution No. 4467 on July 1, 2024, giving notice of an intent to employ
eminent domain to acquire property in connection herewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN as follows:
Section 1. Legal Description. That a portion of the property identified on the document attached
hereto, marked as Exhibit A and incorporated herein by this reference, is necessary for the City of
Pasco Broadmoor and Sandifur Parkway Intersection Improvement Project, and has a public use in
connection with the improvements to be made as a part of the Project.
Section 2. Public Use and Necessity. The public convenience, use, and necessity, demand the
acquisition of the real property described in Section 1 herein for construction and maintenance of the
Broadmoor and Sandifur Parkway Intersection Improvement Project and for use by the public for
public transportation needs.
Page 96 of 148
Ordinance Authorizing Condemnation - 2
Section 3. Condemnation of Property. The real property described in Section 1 herein is
hereby condemned and appropriated and taken for the purposes described in Section 2 herein, only
after just compensation has been made, or paid into the court for the owner thereof in a manner
provided by law.
Section 4. Costs of Acquisition. That the compensation to be paid to the owners of the property
to be acquired by the condemnation action shall be paid from the General Fund of the City.
Section 5. Direction to and Authority of City Attorney. That the City Attorney and/or
designee(s) is/are authorized to commence condemnation action to acquire the property identified on
the Exhibit A, and to take such other action and/or implement such other administrative procedures
as may be necessary to carry out the directives of this legislation.
Section 6. Severability - Construction
(1) If a section, subsection paragraph, sentence, clause, or phrase of this ordinance is
declared unconstitutional or invalid for any reason by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance.
(2) If the provisions of this ordinance are found to be inconsistent with other
provisions of the Pasco Municipal Code, this ordinance is deemed to control.
Section 7. 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 8. Effective Date. That this Ordinance shall take effect and be in full force and effect
upon passage and signatures hereon, and five days after publication as required by law.
Page 97 of 148
Ordinance Authorizing Condemnation - 3
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this _____ day of _________, 2024.
______________________________
Pete Serrano, Mayor
Attest: Approved as to Form:
______________________________ ______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
PUBLISHED: ___________________
Page 98 of 148
Ordinance Authorizing Condemnation - 4
EXHIBIT “A”
PROPERTY TO BE ACQUIRED
A variable width strip of land located in the southwest quarter of the northwest corner of Section 8,
Township 9 North, Range 29 East of the Willamette Meridian, City of Pasco, Franklin County,
Washington described as follows;
Beginning at the northwest corner of Lot 1 of Binding Site Plan Number 96-3 recorded under
Franklin County Auditor's File Number 530271; Thence North 89˚ 56'13" East along the north
boundary of said Lot 1 being coincident with the southerly right of way of Sandifur Parkway a
distance of 145.04 feet to a point of curvature with a tangent curve turning to the right, having a
radius of 549.00 feet; thence along said curve and continuing along said coincident boundary, having
an arc length of 89.04 feet, with a delta angle of 09°17'34", a chord bearing of South 85˚ 25’17”
East. And a chord length of 88.94 feet to a point of reverse curvature turning to the left, having a
radius of 460.04 feet; the radius point of which bears South 05°40'43" West; thence along said curve,
having an arc length of 46.06 feet, with a delta angle of 05˚ 44’11”, a chord bearing of North 87˚
11'22" West, and a chord length of 46.04 feet; thence South 89°56'32” West a distance of 92.70 feet;
Thence South 82˚ 09'07" West a distance of 66.09 feet to a point of curvature with a tangent curve
turning to the left, having a radius of 55.01 feet; thence along said curve, having an arc length of
33.08 feet, with a delta angle of 34˚ 27'30", a chord bearing of South 64°55'23" West, and a chord
length of 32.58 feet to the west boundary of said Lot 1 being coincident with the easterly right of
way of Broadmoor Boulevard; Thence North 00˚ 03’10” West along said coincident boundary a
distance of 18.60 feet; thence North 00˚ 03'02" West continuing along said coincident boundary a
distance of 9.01 feet to the Point of Beginning.
Having an area of 1,672 square feet, 0.04 acres, more or less.
Subject to easements, reservations, and restrictions of record.
County Tax Parcel No. 115430017
Page 99 of 148
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AGENDA REPORT
FOR: City Council August 14, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolution No. 4484 - Greyhound Inc., Pasco Intermodal Transportation
Facility Lease Addendum (3 minutes)
I. REFERENCE(S):
Resolution & Lease Extension Addendum #1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:the authorizing 4484, No. City approve to move I Resolution
Manager to Execute a five-year lease extension between Greyhound Lines,
Inc. and the City of Pasco for space at the Pasco Intermodal Transportation
Facility.
III. FISCAL IMPACT:
Total 5 Year Lease & Tax - $187,301.28.
IV. HISTORY AND FACTS BRIEF:
Greyhound Lines Inc. has leased operating space at the Pasco Intermodal
Transportation Facility since 1998 for passenger bus service. The most recent
lease was initiated with the City in 2018, and consisted of a one 5-year initial
term, and one optional 5-year extension term. The extension term requires the
agreement of both parties and includes option to increase monthly rent based
on market rates at time of renewal.
Greyhound Lines Inc. initially indicated they were considering changing the
amount of operating space included in the current lease, which would have
required a new lease, however ultimately concluded on extending the
agreement as allowed with current space.
Staff worked with the City's real estate representative to identify current market
value based on type and square footage of space and determined that the 3%
Page 102 of 148
per year increase included in the original term was appropriate to apply to the 5
year extended term. This 3% annual increase is included in the rent table
below.
Rent: Greyhound Lines Inc. shall pay City of Pasco rent forthe use of the
premises. The rent payment amounts shall be as follows over the life of the
agreement:
Monthly Rent
1st Year of Lease (November 2023 – October 2024)
$2,605.39/mo
2nd Year of Lease (November 2024 – October 2025)
$2,683.55/mo
3rd Year of Lease (November 2025 – October 2026)
$2,764.06/mo
4th Year of Lease (November 2026 – October 2027)
$2,846.98/mo
5th Year of Lease (November 2027 – October 2028)
$2,932.39/mo
Leasehold excise tax: Greyhound Lines Inc. shall also pay monthly to
Landlord contemporaneous with each Rent payment, the required statutory
Washington State Leasehold Excise Tax as levied pursuant to Chapter 82.29A
RCW and shall be above and beyond the rental amount(s) listed above.
Leasehold Excise Tax payments shall be payable as follows, but subject to
change if the rate is amended:
1st Year of Lease (November 2023 – October 2024)
$334.53/mo
2nd Year of Lease (November 2024 – October 2025)
$344.57/mo
3rd Year of Lease (November 2025 – October 2026)
$354.90/mo
4th Year of Lease (November 2026 – October 2027)
$365.55/mo
5th Year of Lease (November 2027 – October 2028)
$376.52/mo
For a 5 year total of $187,301.28.
V. DISCUSSION:
Staff recommends and requests the approval of the 5-year term lease
extension with Greyhound Lines Inc. for use of the Pasco Intermodal
Transportation Facility as proposed on the attached Municipal Lease
Addendum #1.
Page 103 of 148
Page 104 of 148
Resolution – Addendum No. 1 to Greyhound Municipal Lease Agreement - 1
Version 03.04.2024
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1
TO THE GREYHOUND MUNICIPAL LEASE AGREEMENT BETWEEN
GREYHOUND LINES INC. AND THE CITY OF PASCO FOR SPACE AT THE
PASCO INTERMODAL TRANSPORTATION FACILITY.
WHEREAS, the City of Pasco (City) entered into a 5-Year Lease with Greyhound Lines
Inc. at the Pasco Intermodal Transportation Facility, the “Premises” dated November 1, 2018; and
WHEREAS, the original Lease included an option for one 5-year lease extension; and
WHEREAS, both the City and Greyhound Lines Inc. desire to extend the Lease
Agreement for continued operations of Greyhound Line Inc. at the Premises; 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 extend the Lease with
Greyhound Lines Inc. at the Premises.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Addendum
No. 1 to the Greyhound Municipal Lease Agreement between Greyhound Lines Inc. and the City
of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Addendum No. 1 on behalf of the
City of Pasco; and to make minor substantive changes necessary to execute the Addendum.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 105 of 148
Resolution – Addendum No. 1 to Greyhound Municipal Lease Agreement - 2
Version 03.04.2024
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 106 of 148
GREYHOUND
MUNICIPAL LEASE AGREEMENT
ADDENDUM #1
THIS ADDENDUM NO. 1 to the Municipal Lease Agreement (Pasco – Greyhound) Exhibit A between
the City of Pasco, “Lessor”, and Greyhound Lines, Inc., a Delaware Corporation “Tenant”, for the use of
designated space at the Intermodal Transportation Facility (Original agreement made on November 01,
2018) is entered into on this the _____ day of _______________, 2024.
IN CONSIDERATION of the mutual covenants set out in the original agreement, the Parties agree to
changes as follows:
SECTION 1
3.Term: This lease extension shall commence on November 1, 2023, for a term of sixty (60) months
expiring on October 30, 2028.
Either party may terminate this lease prior to the expiration by giving the other party one (1) year advance
notice of their intent to terminate the lease.
SECTION 2
4.1 Rent: Lessee shall pay Lessor rent for the use of the premises. The rent payment amounts shall
be as follows over the life of the agreement:
Monthly Rent
1st Year of Lease (November 2023 – October 2024) $2,605.39/mo
2nd Year of Lease (November 2024 – October 2025) $2,683.55/mo
3rd Year of Lease (November 2025 – October 2026) $2,764.06/mo
4th Year of Lease (November 2026 – October 2027) $2,846.98/mo
5th Year of Lease (November 2027 – October 2028) $2,932.39/mo
4.2 Leasehold excise tax: Tenant shall also pay monthly to Landlord contemporaneous with each
Rent payment, the requires statutory Washington State Leasehold Excise Tax is levied pursuant to Chapter
82.29A RCW and shall be above and beyond the rental amount(s) listed above. Leasehold Excise Tax
payments shall be payable as follows, but subject to change if the rate is amended:
1st Year of Lease (November 2023 – October 2024) $334.53/mo
2nd Year of Lease (November 2024 – October 2025) $344.57/mo
3rd Year of Lease (November 2025 – October 2026) $354.90/mo
4th Year of Lease (November 2026 – October 2027) $365.55/mo
5th Year of Lease (November 2027 – October 2028) $376.52/mo
Rent and Leasehold tax shall be payable on the first day of each month and sent to:
City of Pasco
PO Box 293
Pasco WA 99301
EXHIBIT A
Page 107 of 148
SECTION 3
2.3 Affiliates: Landlord acknowledges and confirms Tenant’s affiliates, subsidiaries, and bus partners,
including but limited to FlixBus, Inc., are allowed to utilize the space at the Intermodal
Transportation Center for the purpose allowed in Paragraph 5 of the Municipal Lease Agreement
dated November 1, 2018.
SECTION 4
24.9 Successors and Assigns: This lease shall inure to the benefit of and shall be binding upon the parties
hereto and their respective heirs, executor’s, administrators, personal representatives, successors,
and assigns with the same effect as if they were in every case specifically named.
SECTION 5
19 Notices: All acceptance, approvals, consents, notices, and demands or other communications
required or permitted to be given or sent by either party to the other, unless otherwise provided,
shall be deemed to have fully given when made in writing and delivered in person ir deposited in
the United State mail, certified and postage prepaid, addressed to:
LANDLORD: City of Pasco
Attn: Parks and Recreation Department
525 N 3rd Ave
Pasco, WA 99301
TENANT: Greyhound Lines, Inc
Legal Department
315 Continental
Dallas TX, 75207
With Copy to: Greyhound Lines, Inc
Real Estate Department
315 Continental
Dallas TX, 75207
IN WITNESS THEREOF, the Parties have executed this addendum on the date and year first written
above.
Landlord: Tenant:
CITY OF PASCO GREYHOUND LINES, INC.
By: __________________________________ By: __
______________________________
Adam Lincoln – City Manager
Page 108 of 148
Date:_________________________________ Date:___April 2,
2024____________________________
(Signatures continue next page)
Approved as to form:
____________________________________
Kerr Ferguson Law, PLLC
City Attorneys
Page 109 of 148
Pasco City Council Meeting
August 19, 2024
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Greyhound Lease Extension
Greyhound has maintained a lease with the City at the Intermodal
Station since 1998
Most recent lease was signed in 2018, with a 5-year initial term,
and 5-year extension option
Extension option included potential increase in rental rate and
related Lease Excise Tax
City’s Real Estate representative performed comparison and
determined 3% annual rental rate increase aligns with current
market standards
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Greyhound Lease Extension
Rent:Greyhound Inc. shall pay City of Pasco rent for the use of the premises.
Monthly Rent1stYear of Lease (November 2023 – October 2024) $2,605.39/mo2ndYear of Lease (November 2024 – October 2025) $2,683.55/mo3rdYear of Lease (November 2025 – October 2026) $2,764.06/mo4thYear of Lease (November 2026 – October 2027) $2,846.98/mo5thYear of Lease (November 2027 – October 2028) $2,932.39/mo
Leasehold Excise Tax:Leasehold Excise Tax payments shall be payable as follows, butsubject to change if the rate is amended by the Washington State:
1st Year of Lease (November 2023 – October 2024) $334.53/mo2ndYear of Lease (November 2024 – October 2025) $344.57/mo3rdYear of Lease (November 2025 – October 2026) $354.90/mo4thYear of Lease (November 2026 – October 2027) $365.55/mo5thYear of Lease (November 2027 – October 2028) $376.52/mo For a 5 year total of $187,301.28
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Greyhound Lease Extension
Council Policy Decision:
• Asking Council to approve Resolution
authorizing the lease extension addendum
as presented.
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Pasco City Council Meeting
August 19, 2024
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AGENDA REPORT
FOR: City Council August 12, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Adam Lincoln, City Manager
City Manager
SUBJECT: Resolution No. 4485 - 2024-2025 City Council Goals and Approval of
the City Manager Workplan (5 minutes)
I. REFERENCE(S):
Resolution
Exhibit A - 2024-2025 City Council Goals
2024-2025 City Workplan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4485, establishing primary goals
for the ensuing calendar years of 2024-2025.
MOTION: I move to approve the 2024-2025 City Manager Workplan.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
City Council conducted a goal setting retreat, facilitated by Marilynne Beard, to
consider goals for the 2024-2025 biennium on March 22 and 23, 2024. Based
on the information received from public meetings, the National Community
Survey, partner agencies and senior staff reports, Council provided guidance
for developing the goals for the next two years.
Through discussion, Council directed that the goals worksheet be simplified
and married with a workplan designed to address their priorities, both are
attached.
During the May 24, 2024, Council Meeting, Council requested a mini retreat to
Page 115 of 148
have continued discussion on the 2024/2025 City Goals and workplan.
A Council Mini-Retreat was held on June 24, 2024, for continued discussion on
the 2024-2025 City Goals and City Manager Workplan. Additional edits have
been and review Council for are ready documents both to made and
discussion.
Additional review and discussions were held during the July 22, 2024 Council
Meeting
V. DISCUSSION:
Staff seeks approval from City Council for establishing primary goals for 2024-
2025 period, as well as approval of the 2024-2025 City Manager Work Plan.
Page 116 of 148
Resolution - 2024-2025 Council Goals - 1
Version 03.04.2024
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ESTABLISHING PRIMARY GOALS FOR THE ENSUING CALENDAR
YEARS OF 2024-2025.
WHEREAS, the City of Pasco organization desires to focus the allocation of its resources
toward primary goals selected to fulfill the vision of Pasco’s future, as held by its elected
representatives; and
WHEREAS, the City Council conducted Community Listening Sessions on February 27
and February 29, 2024, to elicit the concerns of residents and businesses about the present
condition of the City, as well as thoughts and suggestions for Pasco’s future; and
WHEREAS, the City’s managerial staff has shared with the City Council its concerns for
the present, as well as visions for the future of the Pasco community; and
WHEREAS, the City Council conducted a goal setting retreat on March 22 and March 23,
2024, to discuss all the various concerns for the present, as well as visions for the future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the goals for calendar years 2024 and 2025 as described in Exhibit A attached hereto,
shall be considered primary goals for the City of Pasco.
Be It Further Resolved, that the City Manager is hereby directed and authorized to
formulate appropriate implementation strategies to achieve the goals attached hereto, consistent
with appropriation policies and procedures.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 117 of 148
METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
Page 118 of 148
Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
Page 119 of 148
Quality of Life
Council Goal Work Plan Reporting Action Timeframe Start Est. Timeframe to
Complete
Creation of Destination Park(s)Ongoing effort 2024-04-01 2028-05-31
Land Acquisition
Add on 5/28 - Park Bathrooms Plan/Options
Build NW Signature Park
Other Parks Investments Ongoing effort 2024-01-01 2028-12-31
Linear park in Broadmoor
Expand, upgrade & acquire more park land
Shoreline Park Design Concept (Shoreline Dr)
Develop and Adopt Park Design Standards
Create Playground Replacement Schedule
Support Shoreline Reconveyance with Tri-Dec
Peanuts Park North Renovation
Levee Lowering Ordinance/Resolution 2024-01-01 2028-12-31
Provide updates on staff efforts
Financial plan for outstanding budget need
Downtown Lighting Staff review 2024-10-01 2025-05-31
Develop project team
Securing funding source
Alleyway - Analyze actions needed including necessary
infrastructure, property owner agreements
Over road string lighting - Analyze actions needed including
necessary infrastructure, property owner agreements
Complete Comprehensive Plan Update Ordinance/Resolution 2024-10-01 2026-06-30
Presentation on Process
Conduct outreach & engagement process
Final Adoption
Encourage Bike Paths in Green Spaces Ongoing effort Ongoing Ongoing
Review bike-ped masterplan
Review TSMP
Address Affordable Housing Presentation to Council 2024-09-01 2024-12-31
Review Housing Action Plan
Procure grants funding for affordable housing
System Development Charges Waiver
Review Development Fees
Study Fire Sprinkler Systems in DT Buildings Presentation to Council 2023-06-01 2025-07-01
Pursue change to granting to private buildings through Congress
Explore expanding public utilities to private buildings
International Fire Code Regarding "Nightclub"
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Financial Sustainability
Council Goal Work Plan Reporting Action Timeframe
Start
Est.
Timeframe to
Complete
City Finances Email to Council 2024-03-30 2024-12-31
Municipal Finance 101
Process and Information - Debt Issuance
Trends & Forecast
Financial strategy for economic downturn/service levels
Cost of services (fee/rate schedule)
Budget Adoption Ordinance/Resolution 2024-07-01 2024-12-31
Create Budget Subcommittee
Complete General Fund Long Term Study
Adopt Sustainable Biennial Budget
Capital Improvement Plan Ordinance/Resolution 2024-06-01 2024-12-31
Determine Rate Sustainability
Identify External Funding Opportunities
Water Conservation Program Ongoing effort 2024-01-01 2025-12-31
Xeriscaping - City Facilities Conversion Analysis
Water Rights
Residential Incentive
Propose and Implement Review Schedule for
Major and Minor Fees/Rates Presentation to Council 2024-01-01 2025-01-31
Pa
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Community Transportation Network
Council Goal Work Plan Reporting Action Timeframe
Start
Est. Timeframe to
Complete
Road 68 - History, Opportunities and
Limitations Presentation to Council 2024-08-01 2024-12-31
Road 76 Overpass Ongoing effort 2024-01-01 2028-12-31
Pursue External Funding
DNR Land Acquisition
Transportation Master Plan Presentation to Council 2024-04-01 2026-06-30
Determine Frequency for Council Updates
Staff review
Traffic Calming Presentation to Council 2023-11-01 2028-12-31
City-Wide Speed Analysis
Present City-Wide Speed Study & Potential Mitigation to Include
Speed Humps & Pedestrian SafetyPa
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Community Safety
Council Goal Work Plan Reporting Action Timeframe Start Est. Timeframe to
Complete
Maintain High-Level Police Services to Support
Community Growth Ongoing effort 2024-01-01 2025-12-31
Update on police facility expansion
Continue to support Police Master Plan
Increase visibility of police officers
add on 5/28 - Creative Solutions for Community
Safety
Continually review creative solutions
Explore Community Court/Drug Court Presentation to Council 2024-04-15 2024-09-27
Court Presentation to Council
Review Enforcement by non/limited Commission
Staff Email to Council 2024-05-20 2024-08-31
Provide breakdown & RCWs
Park Ranger Program/Duties Update Presentation to Council 2024-04-30 2024-10-29
Public Education on Creating a Safe Community Ongoing effort Ongoing Ongoing
PD workshops for businesses on homelessness
Community education on homelessness
Speeding & traffic calming
District Meetings
Street Lighting Staff Review 2024-05-01 2025-12-31
Identify Dark Pocket Areas Throughout City
Review Current Development Standards for
Improvement
Develop Priority Based Action Plan/Options to
Address Dark Areas
E 911 Regional System Ongoing effort 2028-12-31
Public Defender Ongoing effort 2028-12-31
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3
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Economic Vitality
Council Goal Work Plan Reporting Action Timeframe
Start
Est. Timeframe to
Complete
Broadmoor Development Presentation to Council 2015-01-01 Ongoing
Issuance of TIF debt
Information on City's role in development
Regular updates
Commercial Business Recruitment
Business Attraction Incentives Ordinance/Resolution 2024-03-01 2024-09-30
Targeted Urban Area Tax Exemption Program
Identify New Incentive Programs
Mobile/Itinerant Vendors Ordinance/Resolution 2022-01-01 2024-08-30
Outreach to Identify Business Needs
Revise PMC to Encourage Dynamic
Mobile/Itinerant Vending
Downtown Master Plan (DTMP)
Implementation Presentation to Council 2022-01-01 Ongoing
Increase Communication on Actions & In-Progress
work
Create Culturally Unique Experience Area
DTMP Presentation (design standards, mural code
refresher & elements in-progress)
Creation of Parking Program
Creation of Economic Development
Strategic Plan Presentation to Council 2024-11-01 2025-12-31
Billboard Code Ordinance/Resolution 2024-05-01 2024-09-30
Hapo Center Email to Council 2024-04-01 2024-12-15
Joint Resolution for extension
Master Plan
Future state for HAPO
Review PMC for Business Friendly
Code Presentation to Council 2025-02-01
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City Identity
Council Goal Work Plan Reporting Action Timeframe
Start
Est. Timeframe to
Complete
Create City Council Led Strategic Plan Ordinance/Resolution 2025-01-01 2025-12-31
Emphasize Customer Care Excellence Ongoing effort Ongoing 2025-12-31
Utility Billing Customer Experience
Ring Central Phone System Annual Review
Development and Permitting Process
Review & Recommendations
Communication & Engagement
(Development of City Identity)Ongoing effort 2023-01-01 2025-12-31
Coordination of efforts
Technology Inventory
Website Navigation Overhaul
Develop Outreach & Engagement Checklist
City Identity Consistent Standards -
messaging, logo usage, etc.
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Other
Council Goal Work Plan Reporting Action Timeframe
Start
Est. Timeframe to
Complete
Allow Public Comments at
Workshops Ordinance/Resolution 2024-03-01 2024-05-31
Council Rules Ordinance/Resolution 2024-03-01 2024-12-31
RCW ethics provisions
Conflicts of interest laws & guidelines
on appearance of fairness
Council non-attendance
Licensing & Inspection Programs Presentation to Council 2024-04-01 2024-07-31
Pet Licensing
Rental Inspections
Code EnforcementPa
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AGENDA REPORT
FOR: City Council July 29, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 8/19/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Resolution No. 4486 - Amendment of Sale of City Property along
Burden Boulevard (3 minutes)
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
First Amendment to Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4486, approving the sale of certain
City-owned Parcel Boulevard, Burden real located property along
No.117370017.
III. FISCAL IMPACT:
$810,000
IV. HISTORY AND FACTS BRIEF:
Historically, the City of Pasco has built an inventory of City-owned parcels that
have been sold, as needed, for civic and development needs. The property in
question represents a valuable asset to the city, not just in financial terms but
also in its potential to contribute to the city's development objectives. The right
land use decision could support community goals such as commercial
development or public services enhancement. Listing the property with a
realtor provides broad exposure, attract competitive bids, and ensure the City
receives the best market value, ultimately benefiting the community.
Sale of the property was approved by Council during August 5th meeting via
Resolution No. 4479. During this time, an issue with utility connection to the
property was discovered, requiring unanticipated expenses to the buyer. Buyer
proposed to invest in the solution that will benefit City's adjacent property
Page 127 of 148
currently up for sale. The reduction of this sale price will not have a net impact
to the City as the future buyer to the adjacent property has agreed to pay for
the costs in the sale price of the property.
The terms and conditions of the proposed sale are included in the attached
Purchase and Sale agreement and the subsequent amendment.
Council may reject the subject offer, seek other offers, or accept the offer.
V. DISCUSSION:
Staff recommends approving the proposed resolution to authorize the
Purchase and Sale Agreement for its sale.
Page 128 of 148
Resolution – Surplus City-Owned Property Parcel No. 117370017 - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE SALE OF CERTAIN CITY-OWNED REAL PROPERTY
1.41-ACRE, LOCATED ALONG BURDEN BOULVARD.
WHEREAS, the Pasco City Council authorized the listing for sale of 1.41-acre property
along Burden Boulevard, more formally known as Parcel No. 117370017, subject to final approval
of the City Council and in accordance with the recommendations of the City’s Real Estate Broker;
and
WHEREAS, the Pasco City Council previously negotiated a listing agreement after an
RFQ process and has previously authorized, by Resolution No. 4478. The sale of surplus property
through its listing agent pursuant to Pasco Municipal Code Chapter 2.120; and
WHEREAS, the Pasco City Council previously has approved a sale of the property by
Resolution No. 4479.
WHEREAS, previously unknown utility connection issue has been identified,
necessitating additional costs to be incurred by the buyer, thereby requiring a reduction in the sale
price from $845,000 to $810,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the proposed purchase price of $810,000 is at the City’s asking price, as determined
by the listing agent’s market analysis, and has been determined to be acceptable to the City and is
fully accepted; and
Be It Further Resolved, that the City Manager is hereby authorized to complete the sale
transaction as outlined in the Purchase and Sale Agreement, attached hereto as Exhibit A; and
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 129 of 148
Resolution – Surplus City-Owned Property Parcel No. 117370017 - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ________,
202_.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 130 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |1 15
SPECIFIC TERMS
Reference Date: March 12, 2024
Offer Expiration Date: March 26, 2024 5:00pm
1.PROPERTY: The Property is legally described on Exhibit A. Address: tbd Burden Blvd. City of
Pasco, Franklin County, Washington. Tax Parcel No(s): 1.39 acre ptn of 117.370.015
Included Personal Property: X None; If on and used in connection with the Property,
per Section 25 (None, if not completed).
2.BUYER(S): Chris Corbin &/or Assigns
3.SELLER(S): City of Pasco
4.PURCHASE PRICE: $ 845,000
Payable as: X Cash; Financing (Form PS_FIN attached); Other
5.EARNEST MONEY: $ 10,000 Dollars; Held by Closing Agent
Form of Earnest Money: X Check; Wire Transfer; Note; Other
Earnest Money Due Date: X 3 days after Mutual Acceptance; days after
satisfaction of Feasibility Contingency; or
6.FEASIBILITY CONTINGENCY DATE: 60 days after Mutual Acceptance
7.CLOSING DATE: on or before within 10 days of approval of permits from City of Pasco
8.CLOSING AGENT: Ticor Title | Patty Sweetwood
9.TITLE INSURANCE COMPANY: Ticor Title
10. DEED: X Statutory Warranty Deed; or Bargain and Sale Deed
11.POSSESSION: X on closing; Other:
12. SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for the purposes of US
income taxation.
13. BUYER’S DEFAULT: X Forfeiture of Earnest Money; Seller’s Election of Remedies
14. SELLER’S DEFAULT: X Recover Earnest Money or Specific Enforcement; Buyer’s Election
of Remedies
15. UNPAID UTILITIES: Buyer and Seller Do Not Waive (Form UA attached); X Waive
16. AGENCY DISCLOSURE: Selling Broker represents: Buyer; Seller; X both parties
Listing Broker represents: Seller; X both parties
17.BUYER BROKERAGE FIRM COMPENSATION: 3 % of sale price or $
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 131 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |2 15
18.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this
Agreement:
Earnest Money Promissory Note Back-Up Addendum
Blank Promissory Note Vacant Land Addendum
Blank Short Form Deed of Trust Financing Addendum
Blank Deed of Trust Rider Tenant Estoppel Certificate(s)
Utility Charges Addendum Defeasance Addendum
FIRPTA Certification Lead-Based Paint Disclosure
Assignment and Assumption X Exhibit A: Legal Description
Addendum/Amendment X Exhibit B: Additional Terms
19. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties
involved in this Agreement:
Seller Buyer
Contact: Richa Sigdal Contact: Chris Corbin
Address: 523 N. 3rd Ave. Address:
Pasco, WA 99301
Phone: 509.544.3060 Phone: (206) 399-9448
Email: sigdelr@pasco-wa.gov Email: puck955@gmail.com
Listing Firm Selling Firm
Name: SVN | Retter & Company Name: Same
Listing Broker: Rob Ellsworth Selling Broker:
Address: 329 N. Kellogg St. Address:
Kennewick, WA 99336
Phone: 509.430.2378 Phone:
Email: Rob@RobEllsworth.com Email:
Firm Lic. #: 20279 Firm Lic. #:
Broker Lic. #: 17790 Broker Lic. #:
Copy of Notices to Buyer to: Copy of Notices to Seller to:
Name: Name:
Company: Company:
Address: Address:
Phone: Phone:
Email: Email:
20. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate
identified in Section 1 as the Property and all improvements thereon. Unless expressly provided
otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller’s rights,
title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii)
all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and
subleases; and (v) all included personal property.
21. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest
money shall be refunded to Buyer. If either party makes a future counteroffer, the other party
shall have until 5:00 p.m. on the day (if not filled in, the second day) following receipt to
accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or
countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No
acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by
Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 132 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |3 15
counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker
or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last
counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by
the offeror, his or her broker, or the licensed office of the broker. If any party is not represented
by a broker, then notices must be delivered to that party and shall be effective when received
by that party.
22. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to
Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm
within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money
is to be held by Selling Firm and is over $10,000, it shall be deposited to: the Selling Firm's
pooled trust account (with interest paid to the State Treasurer); or a separate interest
bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9
(if not completed, separate interest bearing trust account). The interest, if any, shall be credited
at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is
entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be
applicable to the Purchase Price.
23. Title Insurance.
a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing
Agent, at Seller’s expense, to apply for and deliver to Buyer a standard coverage owner’s
policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to
apply for an extended coverage owner’s policy of title insurance and any endorsements,
provided that Buyer shall pay the increased costs associated with an extended policy
including the excess premium over that charged for a standard coverage policy, the cost of
any endorsements requested by Buyer, and the cost of any survey required by the title
insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer
declines to use, Buyer shall pay any cancellation fee owing to the original title insurer.
Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the
event such a fee is assessed.
b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title
report or any supplemental report within the earlier of: (a) days (20 days if not completed)
after receipt of the preliminary commitment for title insurance; or (b) the Feasibility
Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of
Buyer’s notice of such objections Seller shall give notice, in writing, of its intent to remove all
objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all
disapproved objections, this Agreement shall automatically terminate and Buyer shall receive
a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer
notifies Seller within three (3) days that Buyer waives any objections which Seller does not
agree to remove. If any new title matters are disclosed in a supplemental title report, then the
preceding termination, objection and waiver provisions shall apply to the new title matters
except that Buyer’s notice of objections must be delivered within three (3) days of receipt of
the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered
within two (2) days of Buyer’s notice of objections. The Closing Date shall be extended to the
extent necessary to permit time for these notices. Buyer shall not be required to object to any
mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same
shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing
any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for
the foregoing, those provisions not objected to or for which Buyer waived its objections shall
be referred to collectively as the “Permitted Exceptions.” Seller shall reasonably cooperate
with Buyer and the title company to clear objectionable title matters and shall provide an
affidavit containing the information and reasonable covenants requested by the title
company. The title policy shall contain no exceptions other than the General Exclusions and
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 133 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |4 15
Exceptions common to such form of policy and the Permitted Exceptions.
c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title
Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing
Date in the amount of the Purchase Price, insuring that fee simple title to the Property is
vested in Buyer, subject only to the Permitted Exceptions (“Title Policy”), provided that Buyer
acknowledges that obtaining extended coverage may be conditioned on the Title Company’s
receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then
Seller shall execute and deliver to the Title Company on or before Closing the such affidavits
and other documents as the Title Company reasonably and customarily requires to issue
extended coverage.
24. Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon
Buyer's satisfaction, in Buyer’s sole discretion, concerning all aspects of the Property, including
its physical condition; the presence of or absence of any hazardous substances; the contracts
and leases affecting the Property; the potential financial performance of the Property; the
availability of government permits and approvals; and the feasibility of the Property for Buyer's
intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller
before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility
contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and
waived any objection regarding any aspects of the Property as they exist on the Feasibility
Contingency Date.
a. Books, Records, Leases, Agreements. Within 3 days (3 days if not filled in) Seller shall
deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which
Buyer has been given unlimited access, true, correct and complete copies of all documents in
Seller’s possession or control relating to the ownership, operation, renovation or development
of the Property, excluding appraisals or other statements of value, and including the
following: statements for real estate taxes, assessments, and utilities for the last three years
and year to date; property management agreements and any other agreements with
professionals or consultants; leases or other agreements relating to occupancy of all or a
portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents,
deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies;
maintenance records, accounting records and audit reports for the last three years and year
to date; any existing environmental reports; any existing surveys; any existing inspection
reports; and “Vendor Contracts” which shall include maintenance or service contracts, and
installments purchase contracts or leases of personal property or fixtures used in connection
with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller
will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree
to pay any damages or penalties resulting from the termination of objectionable Vendor
Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance
of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be
solely responsible for obtaining any required consents to such assumption and the payment
of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such
consents but shall not be required to incur any out-of-pocket expenses or liability in doing so.
Any information provided or to be provided by Seller with respect to the Property is solely for
Buyer’s convenience and Seller has not made any independent investigation or verification of
such information (other than that the documents are true, correct, and complete, as stated
above) and makes no representations as to the accuracy or completeness of such
information, except to the extent expressly provided otherwise in this Agreement. Seller shall
transfer the Vendor Contracts as provided in Section 25.
b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter
the Property at reasonable times subject to the rights of and after legal notice to tenants, to
conduct inspections concerning the Property, including without limitation, the structural
condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive
Buyer Date Buyer Date
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areas, wetlands, or other matters affecting the feasibility of the Property for Buyer’s intended
use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply
with Seller's reasonable requirements including those relating to security, confidentiality, and
disruption of Seller's tenants. Prior to entering the Property and while conducting any
inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial
general liability (occurrence) insurance in an amount no less than $2,000,000 on
commercially reasonable terms adequate to insure against all liability arising out of any entry
onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b)
deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any
applicable agents or representatives evidencing such required insurance. Buyer shall not
perform any invasive testing including environmental inspections beyond a phase I
assessment or contact the tenants or property management personnel without obtaining
Seller's prior written consent, which shall not be unreasonably withheld, conditioned or
delayed. Buyer shall restore the Property and all improvements to substantially the same
condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its
inspections and feasibility analysis and has no authority to bind the Property for purposes of
statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and
expenses, including attorneys' and experts' fees, arising from or relating to entry onto or
inspection of the Property by Buyer and its agents, which obligation shall survive closing.
Buyer may continue to enter the Property in accordance with the foregoing terms and
conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of
leasing or to satisfy conditions of financing.
c. Access Insurance (check if applicable). Notwithstanding anything in this Section 24 to
the contrary, prior to entering the Property and while conducting any inspections pursuant to
subsection (b) above, Buyer shall, at no cost or expense to Seller: (a) procure and maintain
commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on
commercially reasonable terms adequate to insure against all liability arising out of any entry
onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b)
deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any
applicable agents or representatives evidencing such required insurance.
d. Buyer waives, to the fullest extent permissible by law, the right to receive a seller
disclosure statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this
Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer
with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled
“Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental”
section of the Form 17 which shall be provided by Seller.
25. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this
Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract, the deed
shall include a contract vendee’s assignment sufficient to convey after-acquired title. At
Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS
Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed
by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section
25(b).
26. Personal Property.
a. If this sale includes the personal property located on and used in connection with the
Property, Seller will itemize such personal property in an Exhibit to be attached to this
Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal
property shall be $ 0 (if not completed, the County-assessed value if available, and if not
available, the fair market value determined by an appraiser selected by the Listing Broker and
Selling Broker). Seller warrants title to, but not the condition of, the personal property and
shall convey it by bill of sale.
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b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24
above, this sale includes all right, title and interest of Seller to the following intangible
property now or hereafter existing with respect to the Property including without limitation:
all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway,
street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining
the Property; all rights to utilities serving the Property; all drawings, plans, specifications and
other architectural or engineering work product; all governmental permits, certificates,
licenses, authorizations and approvals; all rights, claims, causes of action, and warranties
under contracts with contractors, engineers, architects, consultants or other parties
associated with the Property; all utility, security and other deposits and reserve accounts
made as security for the fulfillment of any of Seller's obligations; any name of or telephone
numbers for the Property and related trademarks, service marks or trade dress; and
guaranties, warranties or other assurances of performance received.
27. Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing, Seller
shall be responsible for confirming the existing underlying financing is not subject to any "lock
out" or similar covenant which would prevent the lender's lien from being released at closing.
In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is
required to substitute securities for the Property as collateral for the underlying financing
(known as “defeasance”). If Seller provides this notice of defeasance to Buyer, then the parties
shall close the transaction in accordance with the process described in CBA Form PS_D or any
different process identified in Seller’s defeasance notice to Buyer.
28. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the
scheduled Closing Date all instruments and monies required to complete the purchase in
accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent
shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the
Purchase Price less any costs or other amounts to be paid by Seller at Closing. “Closing” shall
be deemed to have occurred when the deed is recorded and the sale proceeds are available to
Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be
considered available to Seller, even if they cannot be disbursed to Seller until the next business
day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility
Contingency Date that Seller’s underlying financing requires that it be defeased and may not
be paid off, then Closing shall be conducted in accordance with the three(3)-day closing
process described in CBA Form PS_D. This Agreement is intended to constitute escrow
instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions
requested by Closing Agent provided the same are consistent with this Agreement.
29. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not
later than two (2) days before the scheduled Closing Date in the form required by Section 23(a)
and any other information reasonably requested by Closing Agent to allow Closing Agent to
prepare a settlement statement for Closing. Seller certifies that the information contained in
the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's
standard coverage title policy. Buyer shall pay the excess premium attributable to any
extended coverage or endorsements requested by Buyer, and the cost of any survey required
in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any
real estate excise taxes shall be paid by the party who bears primary responsibility for
payment under the applicable statute or code. Real and personal property taxes and
assessments payable in the year of closing; collected rents on any existing tenancies;
expenses already incurred by Seller that relate to services to be provided to the Property after
the Closing Date; interest; utilities; and other operating expenses shall be pro- rated as of
Closing. Seller will be charged and credited for the amounts of all of the pro-rated items
relating to the period up to and including 11:59 pm Pacific Time on the day preceding the
Closing Date, and Buyer will be charged and credited for all of the pro-rated items relating to
Buyer Date Buyer Date
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the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly,
then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller
at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed
financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of
financing including the premium for the lender's title policy. If the Property was taxed under a
deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties,
deferred taxes or similar items which result from removal of the Property from the deferred
classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or
delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall
pay any sales or use tax applicable to the transfer of personal property included in the sale.
30. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the
extent those items were prorated or credited at Closing based upon estimates. Any bills or
invoices received by Buyer after Closing which relate to services rendered or goods delivered
to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such
bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the
amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the
date of Buyer's written demand to Seller for reimbursement until such reimbursement is made.
Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to
a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be
entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents
collected from each tenant after Closing shall be applied first to rentals due most recently from
such tenant for the period after closing, and the balance shall be applied for the benefit of
Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the
benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be
entitled to pursue any lawful methods of collection of delinquent rents but shall have no right
to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the
Closing Date, and if a party fails to request an adjustment by notice delivered to the other
party within the applicable period set forth above (such notice to specify in reasonable detail
the items within the Closing Statement that such party desires to adjust and the reasons for
such adjustment), then the allocations and prorations at Closing shall be binding and
conclusive against such party.
31. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in
the ordinary course of its business and maintain the Property in the same or better condition
than as existing on the date of Mutual Acceptance but shall not be required to repair material
damage from casualty except as otherwise provided in this Agreement. After the Feasibility
Contingency Date, Seller shall not enter into or modify existing rental agreements or leases
(except that Seller may enter into, modify, extend, renew or terminate residential rental
agreements or residential leases for periods of 12 months or less in the ordinary course of its
business), service contracts, or other agreements affecting the Property which have terms
extending beyond Closing without obtaining Buyer's consent, which shall not be withheld
unreasonably.
32. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before
the Feasibility Contingency Date.
33. Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction
or waiver of the Feasibility Contingency, including in the books, records and documents made
available to Buyer, or in the title report or any supplemental report or documents referenced
therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the
following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to
sell the Property, and to perform its obligations under the Agreement, and no further consent,
Buyer Date Buyer Date
Seller Date Seller Date
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waiver, approval or authorization is required from any person or entity to execute and perform
under this Agreement; (b) The books, records, leases, agreements and other items delivered to
Buyer pursuant to this Agreement comprise all material documents in Seller's possession or
control regarding the operation and condition of the Property, are true, accurate and complete
to the best of Seller’s knowledge, and no other contracts or agreements exist that will be
binding on Buyer after Closing; (c) Seller has not received any written notices that the Property
or any business conducted thereon violate any applicable laws, regulations, codes and
ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental
consents necessary to own and operate the Property for its current use; (e) There is no
pending or threatened litigation which would adversely affect the Property or Buyer's
ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar
proceedings affecting the Property, and the Property is not within the boundaries of any
planned or authorized local improvement district; (g) Seller has paid (except to the extent
prorated at Closing) all local, state and federal taxes (other than real and personal property
taxes and assessments described in Section 28 above) attributable to the period prior to
closing which, if not paid, could constitute a lien on Property (including any personal property),
or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed
material defects in the Property except as disclosed to Buyer before the Feasibility
Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located
in, on, or under the Property in a manner or quantity that presently violates any Environmental
Law (as defined below); there are no underground storage tanks located on the Property; and
there is no pending or threatened investigation or remedial action by any governmental
agency regarding the release of Hazardous Substances or the violation of Environmental Law
at the Property; (j) Seller has not granted any options nor obligated itself in any matter
whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k)
Neither Seller nor any of its respective partners, members, shareholders or other equity
owners, is a person or entity with whom U.S. persons or entities are restricted from doing
business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department
of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons
List) or under any statute or executive order; and (l) the individual signing this Agreement on
behalf of Seller represents and warrants to Buyer that he or she has the authority to act on
behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any
substance or material now or hereafter defined or regulated as a hazardous substance,
hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local
law, regulation, or ordinance governing any substance that could cause actual or suspected
harm to human health or the environment ("Environmental Law"). The term "Hazardous
Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and
asbestos.
If prior to Closing Seller or Buyer discovers any information which would cause any of the
representations above to be false if the representations were deemed made as of the date of
such discovery, then the party discovering the information shall promptly notify the other party
in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller
notice of such termination within five (5) days after Buyer first received actual notice (with the
Closing Date extended to accommodate such five (5) day period), and in such event, the
Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within
five (5) days of discovering or receiving written notice of the new information. Nothing in this
paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual
knowledge of the newly discovered information such that a representation provided for above
was false.
34. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller
makes no representations or warranties regarding the Property; (b) Seller hereby disclaims,
and Buyer hereby waives, any and all representations or warranties of any kind, express or
Buyer Date Buyer Date
Seller Date Seller Date
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implied, concerning the Property or any portion thereof, as to its condition, value, compliance
with laws, status of permits or approvals, existence or absence of hazardous material on site,
suitability for Buyer’s intended use, occupancy rate or any other matter of similar or dissimilar
nature relating in any way to the Property, including the warranties of fitness for a particular
purpose, tenantability, habitability and use; (c) Buyer takes the Property “AS IS” and with all
faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience
and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections
and investigations.
35. Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the
Agreement; to buy the Property; to perform its obligations under the Agreement; and that
neither the execution and delivery of this Agreement nor the consummation of the transaction
contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ,
injunction or decree of any court or governmental instrumentality applicable to Buyer; or (b)
constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound.
The individual signing this Agreement on behalf of Buyer represents that he or she has the
authority to act on behalf of and bind Buyer.
36. Claims. Any claim or cause of action with respect to a breach of the representations and
warranties set forth herein shall survive for a period of nine (9) months from the Closing Date,
at which time such representations and warranties (and any cause of action resulting from a
breach thereof not then in litigation, including indemnification claims) shall terminate.
Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim
against Seller for damages for breach or default of any representation or warranty, unless the
amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no
circumstances shall Seller be liable to Buyer on account of any breach of any representation or
warranty in the aggregate in excess of the amount equal to $250,000, except in the event of
Seller’s fraud or intentional misrepresentation with respect to any representation or warranty
regarding the environmental condition of the Property, in which case Buyer’s damages shall be
unlimited.
37. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer
bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest
money if improvements on the Property are materially damaged or if condemnation
proceedings are commenced against all or a portion of the Property before Closing, to be
exercised by notice to Seller within ten (10) days after Seller’s notice to Buyer of the occurrence
of the damage or condemnation proceedings. Damage will be considered material if the cost of
repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively,
Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated
to repair any damage, and shall assign to Buyer all claims and right to proceeds under any
property insurance policy and shall credit to Buyer at Closing the amount of any deductible
provided for in the policy.
38. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA
or NWMLS Form 22E, or equivalent) that Seller is not a “foreign person” within the meaning of
the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If
Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing
Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
39. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this
Agreement (including revocations of offers and counteroffers) must be in writing. Notices to
Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker
with a courtesy copy to any other party identified as a recipient of notices in Section 18. A
notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or
Buyer Date Buyer Date
Seller Date Seller Date
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the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and
must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other
party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed
delivered only when received by Buyer and Selling Broker, or the licensed office of Selling
Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of
receipt of a notice beyond either phoning the represented party or causing a copy of the notice
to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep
Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt
notification of receipt of a notice. If any party is not represented by a licensee, then notices
must be delivered to and shall be effective when received by that party at the address, fax
number, or email indicated in Section 18. Facsimile transmission of any notice or document
shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such
notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker
and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on
page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written
acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute
written acknowledgment). At the request of either party, or the Closing Agent, the parties will
confirm facsimile or e-mail transmitted signatures by signing an original document.
40. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this
Agreement shall mean Pacific Time and shall begin the day after the event starting the period
and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the
last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the
specified period of time shall expire on the next day that is not a Saturday, Sunday or legal
holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or
legal holidays. Notwithstanding the foregoing, references to specific dates or times or number
of hours shall mean those dates, times or number of hours; provided, however, that if the
Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date
when the county recording office is closed, then the Closing Date shall be the next regular
business day. If the parties agree upon and attach a legal description after this Agreement is
signed by the offeree and delivered to the offeror, then for the purposes of computing time,
mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or
counteroffer to the offeror, rather than on the date the legal description is attached.
41. Assignment. Buyer’s rights and obligations under this Agreement are not assignable without
the prior written consent of Seller, which shall not be withheld unreasonably; provided,
however, Buyer may assign this Agreement without the consent of Seller, but with notice to
Seller, to any entity under common control and ownership of Buyer, provided no such
assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or
similar words are used to identify Buyer in Section 2, then this Agreement may be assigned
with notice to Seller but without need for Seller's consent. The party identified as the initial
Buyer shall remain responsible for those obligations of Buyer stated in this Agreement
notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion
of the purchase price, then the party identified as the initial Buyer shall guarantee payment of
Seller financing.
42. Default and Attorneys’ Fees.
a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of
the Property, then the applicable provision as identified in Section 13 shall apply:
i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that
portion of the earnest money that does not exceed five percent (5%) of the Purchase
Price as liquidated damages as the sole and exclusive remedy available to Seller for such
failure.
ii. Seller’s Election of Remedies. Seller may, at its option, (a) terminate this Agreement
Buyer Date Buyer Date
Seller Date Seller Date
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and keep that portion of the earnest money that does not exceed five percent (5%) of the
Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller
for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to
specifically enforce this Agreement and recover any incidental damages, or (d) pursue any
other rights or remedies available at law or equity.
b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the
Property, then the applicable provision as identified in Section 14 shall apply:
i. Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy, Buyer may
either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer
whether or not the same are identified as refundable or applicable to the purchase price;
or (b) bring suit to specifically enforce this Agreement and recover incidental damages,
provided, however, Buyer must file suit within sixty (60) days from the Closing Date or
from the date Seller has provided notice to Buyer that Seller will not proceed with closing,
whichever is earlier.
ii. Buyer’s Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for
Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover
any incidental damages, or (c) pursue any other rights or remedies available at law or
equity.
c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer
or Seller institutes suit against the other concerning this Agreement, the prevailing party is
entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the
attorneys’ fees shall be fixed by the court. The venue of any suit shall be the county in which
the Property is located, and this Agreement shall be governed by the laws of the State of
Washington without regard to its principles of conflicts of laws.
43. MiscellaneousProvisions.
a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the
entire understanding of Buyer and Seller regarding the sale of the Property. There are no
verbal or other written agreements which modify or affect the Agreement, and no
modification of this Agreement shall be effective unless agreed in writing and signed by the
parties.
b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed
counterpart shall be deemed an original, and all counterparts together shall constitute one
and the same agreement.
c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by
facsimile or email) including signed offers or counteroffers and notices shall be legally
sufficient to bind the party the same as delivery of an original. At the request of either party,
or the Closing Agent, the parties will replace electronically delivered offers or counteroffers
with original documents. The parties acknowledge that a signature in electronic form has the
same legal effect as a handwritten signature.
d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be
a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the
completion of the like- kind exchange so long as the cooperating party incurs no additional
liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred
by the cooperating party that are related only to the exchange are paid or reimbursed to the
cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be
obligated to extend closing as part of its agreement to facilitate completion of a like-kind
exchanged. In addition, notwithstanding Section 40 above, any party completing a Section
1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity
set up for the purposes of completing a reverse exchange.
44. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to
Seller within ten (10) days of Seller's written request copies of all materials received from Seller
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 141 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |12 15
and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings,
permits, applications or other development work product relating to the Property in Buyer's
possession or control as of the date this Agreement is terminated.
45. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow
reasonable measures to prevent unnecessary disclosure of information obtained in connection
with the negotiation and performance of this Agreement. Neither party shall use or knowingly
permit the use of any such information in any manner detrimental to the other party.
46. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm’s Designated Broker, Buyer
Brokerage Firm’s Branch Manager (if any) and any of Buyer Brokerage’s Firm’s Managing
Brokers who supervise Buyer Broker represent the same party that Buyer Broker represents.
Listing Firm, Listing Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and any
of Listing Firm’s Managing Brokers who supervise Listing Broker represent the same party that
the Listing Broker represents. All parties acknowledge receipt of the pamphlet entitled “Real
Estate Brokerage in Washington.”
47. Buyer Broker’s Compensation Disclosure.
a.Compensation from Seller. The compensation offered to Buyer Brokerage Firm by Seller for
providing buyer brokerage services to Buyer related to the Property is:
X 3 % of the purchase price
$
other: .
b.Compensation from Listing Firm. The compensation offered to Buyer Brokerage Firm by
the Listing Firm for providing buyer brokerage services to Buyer related to the Property is:
% of the purchase price
$
other: .
48. Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the
terms and conditions herein. The Listing Firm’s compensation shall be paid as specified in the
listing or commission agreement. If there is no written listing or commission agreement, Seller
agrees to pay to Listing Firm compensation of 2 % of the sales price or $ . The
compensation to Buyer Brokerage Firm shall be paid as set forth in this Agreement. Seller and
Buyer consent to Listing Firm and Buyer Brokerage Firm receiving compensation from more
than one party and to the sharing of compensation between firms. In any action by Listing
Firm or Buyer Brokerage Firm to enforce this Section, the prevailing party is entitled to
reasonable attorneys' fees and expenses. The Property described in attached Exhibit A is
commercial real estate. Notwithstanding Section 45 above, the pages containing this Section,
the parties' signatures and an attachment describing the Property may be recorded.
49. Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING
TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE
ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION
CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL
STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE
CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR
BUYER’S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING
WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH
APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS),
OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND
BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE
DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT
LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT.
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 142 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |13 15
IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound.
Buyer AAS Investment Ventures LLC Seller Kooskooskia Inc
Printed Name and Type of Entity Printed Name and Type of Entity
Buyer Seller
Signature and Title Signature and Title
Date Date
Buyer Seller
Printed Name and Type of Entity Printed Name and Type of Entity
Buyer Seller
Signature and Title Signature and Title
Date Date
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
3/28/2024
Page 143 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |14 15
EXHIBIT A *
[Legal Description]
1.39 acre parcel to be created by the Seller at property described below and as shown:
PTN W2 15-9-29 LY NELY OF NLY LN HWAY I-182 EXC W1630' THEREOF. SUBJ TO & TOG W/ESMT
FOR I/E & UTILITIES OVER N30' THEREOF
To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary
commitment for title insurance or a copy of the Property’s last vesting deed for this page. Do not neglect to label the
substitution “Exhibit A.” You should avoid transcribing the legal description because any error in transcription may render
the legal description inaccurate and this Agreement unenforceable.
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 144 of 148
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 1/2024
Page |15 15
EXHIBIT B
[Additional Terms]
1.Subject to city’s adoption of new food truck requirements and Buyer’s approval of new
ordinances.
2.Seller/City will not impose a TIF on this project.
3.Offer acceptance is subject to final approval of all terms by Pasco City Council.
4.This Property is being sold to Purchaser in anticipation of the development of a food truck
Hub.
5.The Purchaser acknowledges that the purchase price and consideration given by City are
related to the City's goals of economic development and lost opportunities for development
would arise if Purchaser fails to begin construction of the anticipated development.
6.Unless the failure to commence construction is related to the items identified in Warranties
Section, below, if the Purchaser fails to submit an application to City for approval of a site plan
and building plans consistent with subsection (a) above, within twelve (12) months of Closing,
the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate
construction within eighteen (18) months of Closing, City reserves the right to reclaim title to
this Property. The City shall reclaim this Property by refunding 90% of the original Purchase
Price as determined in Paragraph 1 of PSA. The City will not assume any liability for expenses
incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to
the City within sixty (60) days of receipt of notification of City's decision to seek reconveyance
of Property. This reversionary right is exclusive to the City and shall be exercised at the sole
discretion of the City.
7.This reversionary right survives forty-eight (48) months after closing or until such time as
building commences, whichever is earlier. The City shall be under no obligation to exercise this
reversionary right. This reversionary clause shall survive the delivery of the Deed, but shall
automatically lapse upon expiration of the time periods herein and City shall execute such
further documents as Purchaser shall request to release same.
Warranties; Indemnity. City makes the following representations and warranties, which shall be
deemed remade as of the closing date:
1.The Property and improvements are not in violation of any applicable covenant, condition or
restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including,
without limitation, any building, private restriction, zoning or environmental restriction.
2.Other than the obligations of record, there are no obligations in connection with the Property,
which will be binding upon Purchaser after closing other than liability for the payment of real
estate taxes and utility charges.
3.There are no claims, actions, suits or governmental investigations or proceedings existing or,
to the best of City's knowledge, threatened against or involving City or the Property (including,
without limitation, any condemnation or eminent domain proceeding or matter related to the
formation of or assessment by a local improvement district) and City has received no written
notice thereof.
4.All insurance policies now maintained on the Property will be kept in effect, up to and
including the closing. City has received no notice from any insurance company or rating
organization of any defects in the condition of the Property or of the existence of conditions
which would prevent the continuation of existing coverage or would increase the present rate
of premium.
5.There are no leases affecting the Property.
6.All such representations and warranties shall be reaffirmed by City as true and correct as of
the Closing Date and shall survive the Closing for a period of two (2) years.
If, prior to closing, City becomes aware of any fact or circumstance which would change a
representation or warranty, then City will immediately give notice of such changed fact or
circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder.
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C
3/18/2024
DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B
3/28/2024
Page 145 of 148
First Amendment To
Purchase & Sale Agreement
Commercial Brokers Association 2011
ALL RIGHTS RESERVED
CBA Form PSA | Addendum to PSA | Rev. 1/2011
Page |1 1
The following is part of the Purchase and Sale Agreement dated March 12, 2024 (the “Agreement”)
between Chris Corbin &/or Assigns (“Buyer”) and city of Pasco (“Seller”) for the commercial real
estate and all improvements thereon commonly known as tbd Burden Blvd, in the City of Pasco,
Franklin County, Washington (the “Property”).
IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS:
Sales price to be $810,000.
Buyer agrees to extend sewer at their cost to the subject lot as well as through the adjacent 1.69
acre lot to the west to supply service to both parcels.
Buyer Date
Seller Date CBA Text Disclaimer: Text deleted by licensee indicated by strike.
New text inserted by licensee indicated by small capital letters.
Docusign Envelope ID: 18FD88DC-18D9-440F-A60B-B5457EAE4EE1
8/12/2024
Page 146 of 148
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.
Page 147 of 148
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.
Page 148 of 148