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HomeMy WebLinkAbout2025.06.09 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, June 9, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar 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 workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call 1-332-249-0718 and use access code 301 546 831#. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos dias antes para garantizar la disponiblidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT – the public may comment on each topic scheduled for discussion, up to 2 minutes per person with a total of 8 minutes per item. If Page 1 of 228 opposing sides wish to speak, then both sides receive an equal amount of time to speak or up to 4 minutes each side. 4 - 11 (a) Resolution - Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management (5 minute staff presentation) 12 - 37 (b) Comprehensive Plan Kick-Off Presentation (20 minute staff presentation) 38 - 50 (c) Evaluating Building Code and Enforcement (30 minute staff presentation) Presentation: Hope Freije, Urban Designer, FRAMEWORK will present the City of Pasco's Building Code and enforcement review. 51 - 58 (d) Resolution - Consideration of Waiver Related to PMC Section 9.40.020(e) for Special Event Application No. 44023 (5 minute staff presentation) 59 - 85 (e) 2026-2031 Transportation Improvement Program Update (5 minute staff presentation) 86 - 116 (f) Ordinance - 2025 Issuance Bond for LID No. 152 (5 minute staff presentation) 117 - 130 (g) Resolution - Professional Services Agreement Amendment No. 5 with WSP USA, Inc. for the Lewis Street Overpass Project (5 minute staff presentation) Presentation - Michael Uhlman, WSP, Inc. 131 - 133 (h) Ordinance - Budget Amendment for Upsize Program Water and Irrigation (5 minute staff presentation) 134 - 185 (i) Resolutions - Approving Three (3) Developer Reimbursement Agreements for the Utility Improvements Associated with the “Broadmoor TIF-Utility Package Project” (5 minute staff presentation) 186 - 216 (j) Resolutions - Approving two (2) Developer Reimbursement Agreements for the utility improvements associated with the “A” Street Sports Complex Project (5 minute staff presentation) 217 - 226 (k) General Fund Monthly Report - April 2025 (2 minute staff report) 6. MISCELLANEOUS COUNCIL DISCUSSION Page 2 of 228 7. EXECUTIVE SESSION (a) Discussion with Legal Counsel about Current or Potential Litigation per RCW 42.30.110(1)(i) and to Consider Site Selection or Acquisition of Real Estate Purchase or Lease if Likelihood that Disclosure Would Increase Price per RCW 42.30.110(1)(b) (20 minutes) 8. ADJOURNMENT 9. ADDITIONAL NOTES 227 - 228 (a) Adopted Council Goals (Reference Only) (b) 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 3 of 228 AGENDA REPORT FOR: City Council May 29, 2025 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/9/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Resolution - Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management (5 minute staff presentation) I. ATTACHMENT(S): Resolution Renewal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: To provide promotion of tourism, Visit Tri-Cities receives 50% of the annual average hotel/motel tax receipts collected from the first 2% levied for the five- year period immediately preceding each year of the contract period for its services in promoting tourism. IV. HISTORY AND FACTS BRIEF: By way of individual agreements with the Cities of Kennewick, Pasco, and Richland, promotional services have been contracted through the Tri-Cities Visitor & Convention Bureau (Visit Tri-Cities) since the Tourism Promotion Area formation in 2004. Through this agreement, the City of Pasco receives a multi- faceted approach to marketing Pasco to visitors, business investors, and those looking to relocate. Further, Visit Tri-Cities dedicates resources to focus on increasing tourism related to sports, business travel, and leisure. The current agreement with Visit Tri-Cities expires December 31, 2025. V. DISCUSSION: The proposed 2026–2030 agreement with Visit Tri-Cities continues the City's Page 4 of 228 long-standing regional partnership to promote Pasco and the Tri-Cities area as a destination for tourism, conventions, and sporting events. The agreement maintains the overall structure, scope of services, and funding formula from the previous (2021–2025) contract. However, several updates and refinements have been made to improve clarity and reporting efficiency: Key Changes from the 2021-2025 Agreement:  The requirement for mid-year status report (formerly due August 15) has been removed  Visit Tri-Cities will now provide a single, comprehensive year-end accounting report in Q1 the following year.  The annual work plan, which outlines activities for the upcoming year , is now due in Q4 (rather than in March), aligning better with the City's budget and planning cycles. The agreement reflects strong regional collaboration and shared goals among the Cities of Pasco, Kennewick and Richland. All three cities participated in reviewing and updating the agreement language in consultation with Visit Tri- Cities. Richland and Kennewick are anticipated to consider approval of parallel agreements. Staff recommends City Council approval of the renewal agreement at the next regular meeting. Page 5 of 228 Resolution – 2026-2030 Visit Tri-Cities TPA Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A RENEWAL AGREEMENT WITH VISIT TRI-CITIES VISITOR AND CONVENTION BUREAU FOR THE PROMOTION OF TOURISM. WHEREAS, the City of Pasco is authorized under Chapter 67.28 of the Revised Code of Washington (RCW) to use lodging tax revenues for the purpose of tourism promotion and tourism- related facilities; and WHEREAS, the City has historically partnered with the Tri-Cities Visitor and Convention Bureau, doing business as Visit Tri-Cities, to promote the Tri-Cities region, including Pasco, as a destination for leisure travel, conventions, and sporting events; and WHEREAS, the current tourism promotion agreement between the City of Pasco and Visit Tri-Cities is set to expire on December 31, 2025; and WHEREAS, a new five-year agreement has been negotiated in coordination with the cities of Richland and Kennewick and Visit Tri-Cities, covering the period of January 1, 2026, through December 31, 2030; and WHEREAS, the proposed agreement retains the structure and core service expectations of the previous agreement while incorporating minor changes, including the removal of the mid-year report and the alignment of annual planning and reporting timelines with the City’s fiscal planning process; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Renewal Agreement with Visit Tri-Cities. 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 the Renewal Agreement for the Promotion of Tourism between the City of Pasco and the Tri-Cities Visitor and Convention Bureau as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Renewal Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 6 of 228 Resolution – 2026-2030 Visit Tri-Cities TPA Agreement - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 7 of 228 Renewal Agreement for the Promotion of Tourism - Page 1 RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as "Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: I.The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1.Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2.Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3.Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4.Act as a membership organization and liaison to small businesses located in the City that are dependent on tourism spending for financial success. 5.Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A.Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri- Cities and the City. B.Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering convention and sports planning assistance. C.Preparing and distributing invitational convention and sports bid packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. Page 8 of 228 Renewal Agreement for the Promotion of Tourism - Page 2 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7.Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8.Assist future conventions and sporting events in maximizing attendance through pre- event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri-Cities events. 9.Operate a visitor information center in the Tri-Cities to promote the Tri-Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10.Include advertising material in promotional packets and other releases promoting regular tourism related Tri-City activities and events. 11.Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12.Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan. The work plan for the ensuing year will be presented to the City for approval in Q4 of each year. II.For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 1st of each month for the services provided the month prior. 1.Provision for Economic Downturn: In the event of an economic downturn wherein there is a 15% decline in hotel/motel taxes over a period of six months, the parties agree to a payment for services as described herein. A.The base for comparison will be the same six-month period during the prior year, or the average of 2023, 2024, 2025 (whichever is greater). B.The 15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contact to establish, in good faith, a mutually agreeable annual contract payment amount. C.Should the parties be unable to come to an agreement, the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. Page 9 of 228 Renewal Agreement for the Promotion of Tourism - Page 3 D.The duration of payment adjustment will be a minimum of six months, and a new calculation will be performed at the end of six months to determine if another six-month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2.Future Annual Contract Payment Calculations – For purposes of calculating the five-year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted would be replaced with the prior year’s annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. III.Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use on the use of hotel/motel tax funds as set forth in relevant part as follows: " ... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into this Agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1.The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28RCW. 2.At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. This report will be submitted to the City in Q1 of the ensuing year. A formal presentation to the City Council will be made if requested. 3.In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4.The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days’ notice of its intent to inspect the same. 5.Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6.In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled Page 10 of 228 Renewal Agreement for the Promotion of Tourism - Page 4 to its reasonable attorney fees and costs as additional award and judgment against the other. IV.This Agreement shall be effective on January 1, 2026, and shall expire on December 31, 2030; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this , day of 2025. CITY OF PASCO APPROVED AS TO FORM: City Attorney Mayor TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, d/b/a Visit TRI-CITIES APPROVED AS TO FORM: Kevin Lewis, President & CEO Page 11 of 228 AGENDA REPORT FOR: City Council June 3, 2025 TO: Dave Zabell, City Manager City Council Workshop Meeting: 6/9/25 FROM: Haylie Miller, Director Community & Economic Development SUBJECT: Comprehensive Plan Kick-Off Presentation (20 minute staff presentation) I. ATTACHMENT(S): PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Framework has been contracted for $299,768 to assist with the Comprehensive Plan update. This cost is fully covered by the Washington State Department of Commerce through the Periodic Update Grant and the Climate Planning Grant. IV. HISTORY AND FACTS BRIEF: The City of Pasco is kicking off a major update, often referred to as the periodic update, to its Comprehensive Plan, which will guide how the City grows and develops over the next 20 years. This update is required under Washington’s Growth Management Act (GMA), specifically RCW 36.70A.130(5)(c), which calls for cities in Franklin County to review and update their plans by December 31, 2026. Pasco’s Comprehensive Plan serves as a long-term roadmap for decisions about the and development, economic land housing, use, transportation, the environment. The upcoming update will build on recent efforts—like Housing Action Plan and Downtown Pasco Master Plan—and ensure the City’s policies reflect current community needs and state requirements. The last major update to the Plan was completed in 2018. Since then, the State Page 12 of 228 has added several new planning requirements that cities must address, including:  Supporting a wider range of housing types and income levels;  Planning for climate change and community resiliency;  Streamlining development processes;  Updating parking regulations; and  Aligning with recent changes in state law. Pasco is expected to grow to 121,290 residents by 2046, with 18,831 new homes needed to keep up with demand. This Plan update is a key opportunity to make sure the City is ready for that growth in a way that’s thoughtful, equitable, and sustainable. V. DISCUSSION: Staff and Framework's consulting team, which includes Jeff Arango and Hope Freije, will provide a presentation to Council. Planning Commissioners are expected to be in the audience, following the presentation there will be a brief discussion on a joint Council - Commission meeting to allow for a discussion on the update. Page 13 of 228 Comprehensive Plan Update City Council Presentation June 09, 2025Pa g e 1 4 o f 2 2 8 Agenda 1.Project team 2.Planning Context 3.Project Schedule + Public Engagement 4.Discussion Questions Pa g e 1 5 o f 2 2 8 Project Team HOPE FREIJE PROJECT MANAGER MATT CAMPBELL PLANNING LEAD JEFF ARANGO PROJECT DIRECTORPa g e 1 6 o f 2 2 8 Planning ContextPa g e 1 7 o f 2 2 8 City Council Priorities PUBLIC SAFETY STREAMLINE CODES AND PERMITS DOWNTOWN FISCAL SUSTAINABILITY PLANNING IN RIVERVIEW HOUSING Pa g e 1 8 o f 2 2 8 New State Legislation Housing for all Economic Segments and Addressing Disparate Impact Parking Reform and Modernization Act 5-Year Implementation Progress Report Climate Change Action, Resilience, and Environmental Justice Easing Barriers to Developing ADUs Streamlining Development Regulations SEPA Exemption for Housing HB 1220 …… (A. 2021) HB 1241 ……. (A. 2022) HB 1181 …….. HB 1293 …… SB 5412 …... *SB 5184 ….. HB 1181 …….. Pa g e 1 9 o f 2 2 8 2018 Plan UGA Expansion to the North Not in City Limits Downtown Pasco Master Plan Pa g e 2 0 o f 2 2 8 RiverviewPa g e 2 1 o f 2 2 8 Housing Allocation 18,831Pasco City + UGA new housing units 121,290 future population estimate (2046) 157 emergency housing Pa g e 2 2 o f 2 2 8 Growth trends Franklin County + Pasco Franklin County Is the 2nd fastest growing county in WA 85.7%Avg share of county growth in Pasco since 2018 88% Growth per year in Pasco since 2018, with a general decline in yearly increase Average of 1475 Of county growth allocated to Pasco + UGA for 2046 Pa g e 2 3 o f 2 2 8 Housing Allocation Pasco City + UGA 1,839 0-30% AMI (non-PSH) 1,833 0-30% AMI (PSH) 2,511 >30-50% AMI 3,511 >50-80% AMI 1,824 >80-100% AMI 1,618 >100-120% AMI 6,133 >120% AMI 18,831 new housing units Pa g e 2 4 o f 2 2 8 Land Capacity 2018Pa g e 2 5 o f 2 2 8 Project Schedule + EngagementPa g e 2 6 o f 2 2 8 Timeline Pa g e 2 7 o f 2 2 8 Draft BrandingPa g e 2 8 o f 2 2 8 Public Engagement Plan Pa g e 2 9 o f 2 2 8 Phase 1: Education & Awareness ●Build awareness around the Comprehensive Plan Update schedule, deliverables, and opportunities for feedback ●Create landing page for document review, surveys, and educational material ●Establish connections with stakeholder groups Pa g e 3 0 o f 2 2 8 Stakeholders Spanish-speaking residents Low-income residents Outside Agencies Service Providers Business owners + associations Kids, seniors, studentsPa g e 3 1 o f 2 2 8 Phase 2: Survey & Visioning ●Hear from a wide swatch of residents through topic-specific surveys that will inform the development of plan element updates. ●Create a vision statement through a collaborative community process. ●Work with City Council and Planning Commission on strategies and decisions. Pa g e 3 2 o f 2 2 8 Marketing Pa g e 3 3 o f 2 2 8 Phase 3: Feedback & Refinement ●Gather feedback on plan elements from elected officials, stakeholder groups, and the general public. ●Host a Community Open House that brings residents and other stakeholders together to learn about and provide feedback on proposed updates. Pa g e 3 4 o f 2 2 8 Online Tools Pa g e 3 5 o f 2 2 8 Discussion Questions Pa g e 3 6 o f 2 2 8 Discussions Questions ●Challenges and opportunities ●Focus areas:Downtown, Riverview, Broadmoor ●Public engagement strategiesPa g e 3 7 o f 2 2 8 AGENDA REPORT FOR: City Council June 5, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Haylie Miller, Director Community & Economic Development SUBJECT: Evaluating Building Code and Enforcement (30 minute staff presentation) I. ATTACHMENT(S): Powerpoint II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation: Hope Freije, Urban Designer, FRAMEWORK will present the City of Pasco's Building Code and enforcement review. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Throughout 2025, City staff and Framework reviewed reported issues and the Pasco Municipal Code related to occupancy uses. Interviews with downtown building owners and managers were conducted followed by a review of international building code standards for maximum flexibility. V. DISCUSSION: Staff seeks the opportunity to provide more clear direction to building owners related to building and fire code requirements in an efficient and easy to understand manner. A presentation will be provided to City Council. Council is encouraged to ask questions and provide direction to staff, and the consultant related to next steps. Page 38 of 228 Pathways to “Yes” Evaluating Building Code and Enforcement Pasco, WA | June 09, 2025 Pa g e 3 9 o f 2 2 8 ●Goal of activating Downtown includes allowing for events and programming in buildings ●Complaints of restrictions on uses such as karaoke and informal dinners ●Need to understand the code basis for these decisions in order to best understand how to support businesses who wish to activate their buildings with entertainment and other uses Project Background Building Code Audit | June 9, 2025 Pa g e 4 0 o f 2 2 8 Process: Building Code Audit | June 9, 2025 JAN 2025 FEB 2025 MAR 2025 MAY 2025 Review of IBC’s and memo on findings Interviews with Downtown building owners/managers Review of reported issues and PMC’s related to occupancy use Consultation with City Team Pa g e 4 1 o f 2 2 8 ●Fire sprinkler requirements ○Occupancy Loads ○Night Club/Viewing Area definitions ●Special/Temporary Uses ○Karaoke ○Informal Dinners Findings: Main Issues Building Code Audit | June 9, 2025 Pa g e 4 2 o f 2 2 8 Need for clarity among staff and constituents: ●When are sprinklers required ●What is a nightclub ●What constitutes a viewing area/nightclub Findings: Main Takeaways Building Code Audit | June 9, 2025 Pa g e 4 3 o f 2 2 8 ●Occupancy Load of 100+ people ●Viewing area 350+ sq. ft. When Are Sprinklers Required Building Code Audit | June 9, 2025 Pa g e 4 4 o f 2 2 8 ●Change in Occupancy Use ●Nonconforming structure has been damaged for 6 months or abandoned for 1+ years (PMC 5.170.060) ●Building renovation or new construction When Are Requirements Triggered Building Code Audit | June 9, 2025 Pa g e 4 5 o f 2 2 8 PMC: 25.15.160 “Nightclub” means an establishment that provides entertainment and has as its primary source of revenue (a) the sale of alcohol for consumption on the premises and (b) cover charges. It does not mean premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts. What is a Nightclub Building Code Audit | June 9, 2025 RCW: 19.27.510 "Nightclub" means an A-2 occupancy use under the 2006 international building code in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds three hundred fifty square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls. Pa g e 4 6 o f 2 2 8 “One of the defining criteria for “nightclub” is the floor area referenced in the definition. The floor area must be a concentrated use of standing space specifically designated and primarily used for dancing or viewing a performance and exceed 350 square feet.The nightclub fire sprinkler requirement is intended to apply to clubs similar to The Station Nightclub in Rhode Island,with a large number of occupants in a concentrated area. A restaurant, restaurant lounge, bar, tavern, club or similar area/facility with a piano bar or an area for a karaoke singer is not the type of use intended to be addressed by the nightclub sprinkler requirement.” State Building Code Interpretation No. 08-09 Building Code Audit | June 9, 2025 Pa g e 4 7 o f 2 2 8 Ways to Comply ●Designate viewing area 350 sq. ft. or less ●Limit occupancy -fire walls ●Hire a fire protection engineer ●Recurring Special Event Permit ○May require “fire watch” Building Code Audit | June 9, 2025 Pa g e 4 8 o f 2 2 8 Next Steps ●Interpretation Memo ●Sprinkler Guide and/or public meeting to clarify requirements ●Recurring Special Event Permit ●Clarify PMC Zoning Nightclub definition Building Code Audit | June 9, 2025 Pa g e 4 9 o f 2 2 8 Questions/comments? Building Code Audit | June 9, 2025 Pa g e 5 0 o f 2 2 8 AGENDA REPORT FOR: City Council June 9, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Section PMC to Related Waiver of Consideration - Resolution 9.40.020(e) for Special Event Application No. 44023 (5 minute staff presentation) I. ATTACHMENT(S): Resolution Letter from applicant PMC 9.40.020 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion and direction III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: City staff received a request for a beer garden to be held at Memorial Park in conjunction with a public event. The Pasco Municipal Code (PMC) Section 9.40.020 prohibits the possession and consumption of alcohol in any City park or recreational facility unless the applicant has secured a valid rental permit. One of the conditions (subsection e) mandates that events must be private and by invitation only, unless this requirement is waived by the City Council via resolution. The applicants plan for the event to be open to the general public rather than a private or invitation only event, triggering the need for Council consideration of this request. Staff reviewed the submitted request and determined that all other conditions of PMC Section 9.40.020 have been met, including banquet permit, increased rental fee, insurance, security, and liability requirements. The applicant now Page 51 of 228 seeks a waiver of subsection (e) to allow for alcohol service at an event that is open to the general public. NEIGHBORING CITIES To evaluate the City’s current code, staff conducted a comparative review of similar policies in Kennewick and Richland: Kennewick (KMC 10.16.061 & 2025 Special Event Guide)  Alcohol may be allowed in City parks with written approval from the Parks & Recreation Director or City Manager.  No City Council waiver is required.  Higher security deposit and comprehensive public safety requirements are enforced.  Alcohol service is subject to time, ID verification, security staffing, and lighting regulations.  Alcohol service must have appropriate State liquor permits and liability insurance. Richland (RMC 9.24.120 & Private Special Event Agreement)  Alcohol is prohibited in public spaces unless allowed by RCW Title 66 or local code.  Permitted alcohol areas must be enclosed; ID checks and licensed servers are mandatory.  Security requirements scale with event size.  Council involvement is not required; staff handles approval through special event processes. V. DISCUSSION: With respect to the waiver, staff is requesting Council consider the following: Waiver for Special Event No. 44023 Staff recommends that Council consider the attached resolution granting a waiver of PMC 9.40.020(e) to allow public attendance at the beer garden proposed for Memorial Park. This would enable the event to proceed under the outlined conditions while still complying with all other safety and liability measures. If waiver is not approved, event will take place as all provisions of Special Event Application Process are completed. Discussion on Consideration of Amendments to PMC 9.40.020 As Council is aware, both Council and staff are reviewing aspects of the municipal code and other processes and procedures to streamline, increase efficiencies, and improve customer service. In considering this item and the process provided for in the PMC, staff is suggesting that Council may wish to consider the points below at a future Workshop meeting as potential updates to Page 52 of 228 PMC 9.40.020 including:  Designate Eligible Locations: Create a defined list of parks and facilities where alcohol may be permitted under controlled conditions.  Remove Council Waiver Requirement: If alcohol is restricted to a subset of parks, the need for Council to approve waivers for public events could be eliminated, and staff could then make determinations based on criteria established by the City Council by ordinance.  Require Special Event Permit Process: Another alternative to consider would be to require that any event with alcohol in City facilities or parks go through the established Special Event Permit process, which involves cross-departmental review. Note that this option adds process. These proposed changes could increase clarity for applicants and simplify the application process. Page 53 of 228 Resolution – Wavier for Special Event App. No. 44023 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE LIMITED USE OF LIQUOR WITHIN A DESIGNATED AREA AT MEMORIAL PARK FOR SPECIAL EVENT APPLICATION NO. 44023. WHEREAS, the Pasco Municipal Code (PMC) Section 9.40.020(e) provides that the City Council may, by resolution, waive the requirement that issuance of rental permit for a City park or recreation building where liquor is open, consumed, possessed, or displayed is to be limited to either invite specifically named individuals or actual members of the applicant’s organization; and WHEREAS, the 2025 Pride Festival is scheduled to take place at Memorial Park in the City of Pasco and the event organizers have requested authorization to include a designated beer garden as part of the permitted activities; and WHEREAS, the City Council desires to ensure the safety, accessibility, and responsible use of City property, and therefore, wishes to waive requirement for the use of the designated area under specified conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That authorization is hereby granted for the possession and consumption of alcohol in a designated area at Memorial Park during on June 22, 2025, in accordance with the provisions of Pasco Municipal Code Section 9.40.020. Be It Further Resolved, that the Parks and Recreation Director is authorized to issue the necessary facility rental permit for the event and to establish all terms and conditions related to alcohol service, including but not limited to security, insurance, sanitation, and compliance with applicable state and local regulations. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 54 of 228 Statement for Rental Permit Waiver Alcohol at Public Event To Whom It May Concern, This letter is to affirm that the Tri-Cities Pride Festival, scheduled for June 22, 2025, at Memorial Park, is a public community event intended to celebrate and support the LGBTQIA+ community in the Tri-Cities region. We respectfully request a waiver of the requirement that attendance be limited to named individuals or members of the hosting organization, pursuant to Pasco Municipal Code 9.40.020 , due to the nature of this being an inclusive public celebration that is open to all members of the community. Purpose of the Beer Garden: The inclusion of a designated beer garden is intentional and meaningful. It provides a casual, social atmosphere for adult attendees to relax, connect, and enjoy local offerings in a setting that promotes community and inclusion. Events like ours aim to reflect the diverse ways people celebrate Pride-from family activities to food, music, and shared spaces where adults can gather responsibly. Additionally, having a controlled and licensed beer garden allows us to: - Support a local small business (CG Public House), which is licensed and equipped to handle beverage service. - Maintain a safe and well-monitored environment where alcohol consumption is limited to a single, secure space. - Meet the expectations of adult attendees who are accustomed to this feature at other public Pride festivals nationwide. Safety and Logistical Provisions, the beer garden area will be: - Hosted and managed by CG Public House, a licensed local catering company with full liquor Licensing. - Fenced off, with ID checks and professional security at the entrance. - Located near restrooms for convenience and away from the children's area to ensure proper separation. - Both Tri-Cities Pride and CG Public House carry adequate insurance coverage, including liquor liability coverage. Page 55 of 228 - We have hired professional security to monitor the beer garden and festival grounds throughout the event. - All required documentation to support this request has already been submitted to the appropriate city departments. We appreciate your consideration of this waiver and are happy to provide any additional documentation or clarification needed. Sincerely, A'isha Martin President, Tri-Cities Pride Page 56 of 228 9.40.020 Consumption within park and recreation facilities prohibited without permit. (1) It is unlawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in any City park or recreation buildings, facility or structures within the City without a current rental permit issued by the City. A rental permit may be issued upon application for such rental permit from the Administrative and Community Services Director of the City of Pasco or his designee. Such rental permit may be issued on the following conditions: (a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (b) Payment of rent in an amount 50 percent higher than the regular rental fee; (c) The applicant deposits a sum determined by the Administrative and Community Services Director to be sufficient to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (d) The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in such amounts and coverages as prescribed by the City’s insurer covering any bodily injury or property damage arising out of or in any way connected with the use of the City facility by the applicant. A surety bond approved by the City in the same amounts may substitute for insurance; (e) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant’s organization; provided, that the City Council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (f) The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit which may be commenced against the City of Pasco by any third person alleging injury or loss by reason of such acts; (g) The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h) The applicant shall comply with all applicable fire codes and regulations. Ch. 9.40 Intoxicating Liquor | Pasco Municipal Code Page 1 of 2 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Page 57 of 228 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.pasco-wa.gov City Telephone: (509) 544-3080 Hosted by General Code. (2) Any person violating this section shall be guilty of a Class 3 civil infraction and subject to the penalties imposed thereon by law. [Ord. 3757 § 1, 2006; Ord. 3495 § 1, 2001; Ord. 2333 § 1, 1982; Code 1970 § 9.20.020.] Ch. 9.40 Intoxicating Liquor | Pasco Municipal Code Page 2 of 2 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Page 58 of 228 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Maria Serra, Director Public Works SUBJECT: 2026-2031 Transportation Improvement Program Update (5 minute staff presentation) I. ATTACHMENT(S): Presentation Preliminary 2026-2031 TIP Project Costs Preliminary 2026-2031 TIP Project Annual Allocations Preliminary 2026-2031 TIP Project Descriptions Project Map Public Engagement Summary Report In-Person Public Comments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Program (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six-Year TIP of the City specifically sets forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient multi-modal movement. Projects in the TIP are selected from master plans such as the Transportation System Master Plan, Broadmoor Master Plan, Downtown Pasco Master Plan, Page 59 of 228 and Local Road Safety Plan. Additionally, they are identified through community engagement, stakeholder coordination (e.g., with the Pasco School District and operational and improvements), Routes to Safe for School maintenance needs identified by City Departments. Development of the 2026-2031 Transportation Improvement Program is led by Public Works Department, and informed by the City Council, the public, community stakeholders, and other city staff. Update of the TIP and subsequent submission to the State are statutory requirements, and while the program is not required to be fiscally constrained, the program should be practical and feasible. The Council will see many of these annual Capital Six-Year the with incorporated again, projects Improvement Plan later this year. Staff provided introductory presentations to City Council, outlining the process and next steps in preparing the 2026-2031 TIP project list at the March 24th and April 21st City Council Meetings. On May 19th, City Council held a public hearing to consider the 2026-2014 Transportation Improvement Program. V. DISCUSSION: The proposed 2026-2031 TIP project list encompasses 45 projects, 3 programs and 5 studies (53 items in total). Projects anticipated to be completed by the end of 2025 have been excluded from for below listed are projects TIP. 2026-2031 proposed the These reference:  Burns Rd/Broadmoor Blvd Intersection Improvements  Sandifur Parkway Extension  Sandifur Pkwy/Broadmoor Blvd Intersection Improvements  Road 108 Extension  W "A" St/6th Ave Pedestrian Crossing  Commercial Ave/Kartchner St Intersection Improvements  Citywide Injury Minimization and Speed Management Implementation The proposed list incorporates newly identified projects and plans; these include:  South Rd 68 Pavement Preservation (I-182 to Court St)  N 4th Ave Pavement Preservation (I-182 to County Line)  Road 44 FCID Canal Crossing  Safe Routes to School Project (Locations TBD)  Court St Safety Improvements - Phase 2 (Road 96 to Road 68)  Road 68/Taylor Flats Rd Intersection Study Page 60 of 228 Additionally, the scope of the James Street Improvements project has been revised to focus exclusively on pavement preservation and reconstruction. All work will occur along the existing roadway alignment, and no additional infrastructure will be included as part of this project. Of note, this proposed TIP project list reflects the edits to the 2025-2030 TIP amended during City Council regular meeting on May 5, 2025. It therefore includes the following:  Court St & Rd 100 Intersection Improvements (added project)  Harris Rd Realignment (added project)  Burns Rd/Rd 68 Intersection Improvements (separated intersection phase as own project from Burns Rd Extension - Missing Link project) Special attention was put forth to accurately represent projects that are funded with Federal and State dollars. Projects that have received funding in the last year have been updated to reflect their funding status. As a reminder, this plan is focused on projects that are anticipated to be delivered by the City, if funding is secured. Per State statute, the updated TIP must be adopted by July 1st and then submitted to the Washington State Secretary of Transportation within 30 days of adoption. The plan/program may at any time be revised by a majority of the City Council, but only after a public hearing. Public Outreach Staff has actively promoted the 2026-2031 TIP in an effort to solicit community feedback, input, and to address comments and questions from community members. Public engagement efforts completed include two outreach events, including:  April 21, 2025, 5:30-6:30 PM at City Hall (presentation and open house)  May 7, 2025, 11:30 AM to 1:30 PM at GESA stadium (open house). Online platform for submission of comment was also available for the general public. Outreach efforts summary and written comments submitted are attached to the agenda report. Next Steps Staff is requesting guidance from the Council to ensure the Transportation Improvement Program (TIP) aligns with its transportation priorities. Adoption of the 2026–2031 TIP is scheduled for June 16, 2025. Page 61 of 228 June 9, 2025 Pasco City Council Workshop Pa g e 6 2 o f 2 2 8 2026-2031 Transportation Improvement Program June 9 2025 Pasco City Council Pa g e 6 3 o f 2 2 8 RCW 35.77.010 – Prepare a comprehensive transportation plan for the ensuing six years that is: • Consistent with comprehensive plans • Includes bicycle and pedestrian facilities • Deadline: July 1, 2025 • Filed with the secretary of transportation within 30 days of adoption 2026-2031 Transportation Improvement Program 3 Pa g e 6 4 o f 2 2 8 TIP identifies: •Proposed name and brief scope •Proposed Schedule •Estimated cost per project (per phase) •Design •Right-of-Way •Construction •Funding sources 2026-2031 Transportation Improvement Program 4 Pa g e 6 5 o f 2 2 8 Preliminary 2026-2031 TIP Project List 45 Projects; 3 Programs; 5 Studies WORK DONE: •Identified completed projects and removed them •Updated project funding, cost, and schedule •Completed outreach •Incorporated feedback STILL TO DO: •Council adoption 2026-2031 Transportation Improvement Program 5 Pa g e 6 6 o f 2 2 8 6 Pa g e 6 7 o f 2 2 8 7 Pa g e 6 8 o f 2 2 8 8 Pa g e 6 9 o f 2 2 8 Next Steps • Present draft 2026-2031 TIP April • Outreach April/May • Update to Council on feedback May • Edits to TIP May • Public Hearing May 19 • Final edits to TIP June 9 • Adoption by July 2025 June 16 2026-2031 Transportation Improvement Program 9 Pa g e 7 0 o f 2 2 8 Questions?Pa g e 7 1 o f 2 2 8 PRELIMINARY 2026-2031 Transportation Improvement Plan DRAFT 06/02/2025 Column1 Project Title Road Name Begin/End Termini PE ROW CONST Total Ranked Funding Type PROJECTS 1 SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Argent Road Road 88 197,008$ 982,048$ 1,179,056$ 1 Secured Grant 2 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 500,000$ 2,800,000$ 3,300,000$ 1 Planned Grant 3 Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place 80,000$ 380,000$ 1,468,000$ 1,928,000$ 1 Local Funds 4 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 440,000$ 250,000$ 1,442,000$ 2,132,000$ 1 Secured Grant/Local Funds 5 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 1,000,000$ 3,229,340$ 4,229,340$ 1 Secured Grant 6 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 440,000$ 250,000$ 4,556,000$ 5,246,000$ 1 Secured Grant/Local Funds 7 Sandifur Pkwy/Rd 76 Intersection Safety Enhancements Sandifur Parkway Road 76 371,000$ 1,660,000$ 2,031,000$ 1 Secured Grant 8 Clark St Improvements Clark Street 10th St/2nd St 350,000$ 1,450,000$ 1,800,000$ 1 Planned Grant 9 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 3,580,000$ 2,604,000$ 24,575,000$ 30,759,000$ 2 Planned grant /Private Contributions/Local Funds 10 Burns Rd/Rd 68 Intersection Improvements Burns Road Rd 68 450,000$ 200,000$ 1,350,000$ 2,000,000$ 1 Planned Grant/Local Funds 11 Harris Rd Realignment Rd 103 Sandifur Pkwy 250,000$ 1,650,000$ 1,900,000$ 1 Local Funds 12 Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane 600,000$ 1,250,000$ 4,150,000$ 6,000,000$ 1 Local Funds/Private contributions 13 Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 360,000$ 1,810,000$ 2,170,000$ 2 Local Funds (TIF Impact) 14 City Wide Traffic Signal Improvements (Phase 3) Multiple Locations Multiple Locations 300,000$ 2,877,500$ 3,177,500$ 1 Planned Grant 15 E Lewis St/Heritage Blvd Intersection Improvements E Lewis Street Heritage Blvd 400,000$ 2,000,000$ 2,400,000$ 2 Local Funds/Private Contributions 16 South Rd 68 Pavement Preservation Court St I-182 350,000$ 350,000$ 1,500,000$ 2,200,000$ 2 Planned Grant/Local Funds 17 Safe Routes to School Project TBD TBD 300,000$ 1,000,000$ 1,300,000$ 2 Planned Grant 18 Road 44 FCID Canal Crossing Road 44 FCID Canal (North of Argent PI) 400,000$ 1,600,000$ 2,000,000$ 2 Planned Grant/Local Funds 19 South 4th Ave (Festival Street Improvements) S 4th Avenue Lewis Street / Columbia Street 290,000$ 790,000$ 1,080,000$ 2 Planned Grant 20 Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 350,000$ 1,900,000$ 2,250,000$ 2 Planned Grant/Private Contributions 21 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$ 3,000,000$ 3,250,000$ 2 Planned Grant 22 Court & Rd 100 Intersection Improvements Court St Rd 100 500,000$ 1,000,000$ 4,500,000$ 6,000,000$ 2 Local Funds 23 Court Street/Road 60 Intersection Improvements Court St Rd 60 450,000$ 2,500,000$ 2,950,000$ 2 Planned Grant 24 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 410,000$ 1,900,000$ 2,310,000$ 2 Local Funds/private contributions 25 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 1,500,000$ 8,000,000$ 9,500,000$ 3 Planned Grant/Local Funds 26 Columbia St Improvements Columbia Street 10th St/2nd St 390,000$ 1,190,000$ 1,580,000$ 3 Planned Grant 27 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 360,000$ 1,810,000$ 2,170,000$ 3 Local funds (TIF Impact) 28 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place 440,000$ 690,000$ 840,000$ 1,970,000$ 3 Planned Grant 29 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 400,000$ 2,000,000$ 2,400,000$ 3 Local Funds/Private contributions 30 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road 1,480,000$ 5,800,000$ 7,280,000$ 3 Planned Grant 31 Rd 76 Improvements - Sandifur Pkwy to Cordero Dr Road 76 Sandifur Pkwy/Cordero Dr 300,000$ 1,700,000$ 2,000,000$ 3 Local Funds 32 N 4th Ave Pavement Preservation (I-182 to County Line) I-182 County Line (Glade Rd) 150,000$ 1,600,000$ 1,750,000$ 2 Planned Grant/Local Match 33 Argent Rd Widening (Phase 4) Argent Road Road 36/Road 44 1,180,000$ 4,720,000$ 5,900,000$ 4 Planned Grant/Local Funds 34 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$ 1,800,000$ 2,000,000$ 4,100,000$ 4 Planned Grant 35 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd 825,000$ 750,000$ 7,000,000$ 8,575,000$ 4 Planned Grant 36 Shoreline Rd Realignment Shoreline Road Court/Burns Road 500,000$ 2,500,000$ 7,500,000$ 10,500,000$ 4 Planned Grant 37 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 4,800,000$ 4,000,000$ 19,200,000$ 28,000,000$ 4 Planned Grant 38 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 360,000$ 1,810,000$ 2,170,000$ 5 Local funds (TIF Impact) 39 Court St Safety Improvements Court Street Road 40/Road 68 110,000$ 340,000$ 450,000$ 5 Planned Grant 40 James St Improvements James Street Oregon Ave/Frontier Lp 250,000$ 1,600,000$ 1,850,000$ 5 Local Funds 41 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 4,000,000$ 5,000,000$ 45,000,000$ 54,000,000$ 5 Planned grant /Private contributions/local funds 42 Lewis Street Corridor Improvements (Phase 1) Lewis Street 2nd Ave/ 5th Ave 880,000$ 4,800,000$ 5,680,000$ 5 Planned Grant/Local 43 Lewis Street Corridor Improvements (Phase 2) Lewis Street 5th Ave/10th Ave 640,000$ 4,460,000$ 5,100,000$ 5 Planned Grant/Local 44 I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 750,000$ 8,000,000$ 8,750,000$ 5 Planned Grant/Local Match 45 Court St Safety Improvements (Phase 2) Court Street Road 68/Road 96 680,000$ 680,000$ 5,100,000$ 6,460,000$ 5 Planned Grant/Local Funds PROGRAMS 46 Annual Pavement Preservation Multiple Locations Multiple Locations -$ 1 Local funds 47 Ped/Bike Gap Program Multiple Locations Multiple Locations -$ 2 Local funds 48 Neighborhood Traffic Calming program Multiple Locations Multiple Locations -$ 2 Local funds PLANS AND STUDIES 49 Comprehensive Safety Action Plan(SS4A) 400,000$ 400,000$ 1 Secured Grant/local match 50 Traffic Analysis for US 12 US 12 A /Tank Farm Road 3,060,000$ 3,060,000$ 1 Planned Grant 51 Interchange Feasibility Study on I-182 I-182 Multiple Existing Interchanges 450,000$ 450,000$ 2 Local Funds 52 Rd 68/Taylor Flats Rd Intersection Study Road 68 Taylor Flats Rd/Columbia River 350,000$ 350,000$ 3 Local Funds 53 Sign Reflectivity Analysis and Implementation 112,000$ 400,000$ 512,000$ 4 Planned Grant 268,548,896$ Pa g e 7 2 o f 2 2 8 PRELIMINARY 2026-2031 Transportation Improvement Plan DRAFT 06/02/2025 Column1 Project Title Road Name Begin/End Termini Prior Year 2026 Year 2027 Year 2028 Year 2029 Year 2030 Year 2031 REMAINDER 6 year- plan PROJECTS 1 SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Argent Road Road 88 679,056$ 500,000$ 500,000 2 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 500,000$ 2,800,000$ 2,800,000 3 Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place 400,000$ 528,000$ 1,400,000$ 1,928,000 4 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 400,000$ 1,682,000$ 1,682,000 5 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 340,660$ 659,340$ 3,229,340$ 3,888,680 6 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 100,000$ 996,000$ 4,150,000$ 5,146,000 7 Sandifur Pkwy/Rd 76 Intersection Safety Enhancements Sandifur Parkway Road 76 31,000$ 300,000$ 1,700,000$ 2,000,000 8 Clark St Improvements Clark Street 10th St/2nd St 50,000$ 300,000$ 1,450,000$ 1,750,000 9 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 2,659,000$ 3,100,000$ 8,000,000$ 12,000,000$ 5,000,000$ 30,759,000 10 Burns Rd/Rd 68 Intersection Improvements Burns Road Rd 68 150,000$ 350,000$ 1,500,000$ 2,000,000 11 Harris Rd Realignment Rd 103 Sandifur Pkwy 250,000$ 1,650,000$ 1,900,000 12 Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane 300,000$ 1,000,000$ 4,700,000$ 6,000,000 13 Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 360,000$ 1,810,000$ 2,170,000 14 City Wide Traffic Signal Improvements (Phase 3) Multiple Locations Multiple Locations 300,000$ 2,877,500$ 3,177,500 15 E Lewis St/Heritage Blvd Intersection Improvements E Lewis Street Heritage Blvd 400,000$ 1,500,000$ 500,000$ 2,400,000 16 South Rd 68 Pavement Preservation Court St I-182 700,000$ 1,500,000$ 2,200,000 17 Safe Routes to School Project TBD TBD 300,000$ 1,000,000$ 1,300,000 18 Road 44 FCID Canal Crossing Road 44 FCID Canal (North of Argent PI) 400,000$ 1,600,000$ 2,000,000 19 South 4th Ave (Festival Street Improvements) S 4th Avenue Lewis Street / Columbia Street 290,000$ 790,000$ 1,080,000 20 Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 350,000$ 1,900,000$ 2,250,000 21 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$ 1,500,000$ 1,500,000$ 3,250,000 22 Court & Rd 100 Intersection Improvements Court St Rd 100 500,000$ 1,000,000$ 4,500,000$ 6,000,000 23 Court Street/Road 60 Intersection Improvements Court St Rd 60 450,000$ 2,500,000$ 2,950,000 24 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 410,000$ 1,900,000$ 2,310,000 25 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 500,000$ 1,000,000$ 4,000,000$ 4,000,000$ 9,500,000 26 Columbia St Improvements Columbia Street 10th St/2nd St 390,000$ 1,190,000$ 1,580,000 27 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 360,000$ 1,810,000$ 2,170,000 28 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place 540,000$ 590,000$ 840,000$ 1,970,000 29 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 200,000$ 200,000$ 1,500,000$ 500,000$ 2,400,000 30 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road 180,000$ 1,340,000$ 3,456,000$ 2,304,000$ 7,280,000 31 Rd 76 Improvements - Sandifur Pkwy to Cordero Dr Road 76 Sandifur Pkwy/Cordero Dr 300,000$ 1,700,000$ 2,000,000 32 N 4th Ave Pavement Preservation (I-182 to County Line) I-182 County Line (Glade Rd) 150,000$ 1,600,000$ 1,750,000 33 Argent Rd Widening (Phase 4) Argent Road Road 36/Road 44 1,180,000$ 2,360,000$ 2,360,000$ 5,900,000 34 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$ 500,000$ 2,000,000$ 2,800,000 35 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd 625,000$ 950,000$ 7,000,000$ 8,575,000 36 Shoreline Rd Realignment Shoreline Road Court/Burns Road 250,000$ 2,000,000$ 1,000,000$ 7,700,000$ 3,250,000 37 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 2,400,000$ 3,400,000$ 3,000,000$ 24,750,000$ 8,800,000 38 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 360,000$ 1,810,000$ 2,170,000 39 Court St Safety Improvements Court Street Road 40/Road 68 110,000$ 340,000$ 450,000 40 James St Improvements James Street Oregon Ave/Frontier Lp 250,000$ 1,600,000$ 1,850,000 41 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 1,000,000$ 3,000,000$ 47,600,000$ 4,000,000 42 Lewis Street Corridor Improvements (Phase 1) Lewis Street 2nd Ave/ 5th Ave 530,000$ 450,000$ 780,000$ 4,000,000$ 1,230,000 43 Lewis Street Corridor Improvements (Phase 2) Lewis Street 5th Ave/10th Ave 300,000$ 4,800,000$ 300,000 44 I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 750,000$ 6,940,000$ 750,000 45 Court St Safety Improvements (Phase 2) Court Street Road 68/Road 96 680,000$ 680,000$ 5,100,000$ 1,360,000 PROGRAMS 161,526,180 46 Annual Pavement Preservation Multiple Locations Multiple Locations 701,000$ 715,500$ 737,000$ 759,200$ 782,000$ 805,500$ 4,500,200$ 47 Ped/Bike Gap Program Multiple Locations Multiple Locations 105,000$ 110,250$ 115,763$ 121,551$ 127,628$ 580,191$ 48 Neighborhood Traffic Calming program Multiple Locations Multiple Locations 110,250$ 115,763$ 121,551$ 127,628$ 134,010$ 609,201$ PLANS AND STUDIES 5,689,592$ 49 Comprehensive Safety Action Plan(SS4A) 250,000$ 150,000$ 150,000$ 50 Traffic Analysis for US 12 US 12 A /Tank Farm Road 1,530,000$ 1,530,000$ 3,060,000$ 51 Interchange Feasibility Study on I-182 I-182 Multiple Existing Interchanges 200,000$ 250,000$ 450,000$ 52 Rd 68/Taylor Flats Rd Intersection Study Road 68 Taylor Flats Rd/Columbia River 350,000$ 350,000$ 53 Sign Reflectivity Analysis and Implementation 112,000$ 400,000$ 512,000$ 4,522,000 15,265,340$ 31,439,590$ 31,323,013$ 31,731,513$ 29,487,179$ 32,491,138$ 171,737,772 Pa g e 7 3 o f 2 2 8 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 1 1. SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Curb extensions/bulb-outs, crossing advance stop bars, median refuge island, reduced curb radii, stop signs, new marked crosswalks, rectangular rapid flashing beacon (RRFB), lane width reducƟon, sidewalk (5' +) with curb, pedestrian scale crossing illuminaƟon, ADA curb ramps. 2. Lewis Street Underpass DemoliƟon This project will demolish the Lewis Street underpass, to 6 feet depth. Backfill aŌer demoliƟon will be consistent with BNSF requirements. 3. Rd 40 E Extension This project will extend Road 40 E, as a 1-lane northbound roadway north of A Street to connect to E Lewis Place. This extension will eliminate a dead-end road at East Lewis Place. Signal adjustments, striping and signage will be included in the scope of work. 4. Ainsworth Ave Pavement PreservaƟon This project involves the overlay and restriping of Ainsworth Street/Avenue (SR397) from 10th Avenue to the West and S Oregon Avenue to the East. 5. Sylvester St Overpass Pedestrian/Bicycle Access Pedestrian/Bicyclist Overpass, Sidewalk (6'+) with curb, ADA Curb Ramps, Shared use Path/Trail, Bridge (Part of Shared-use Path). 6. Lewis Street Pavement PreservaƟon Mill and overlay enƟre exisƟng pavement area. Work includes cuƫng and patching failed areas (Alligator cracking and spalling), taper mill at curved edges and then overlay with HMA. This allows for unchanged elevaƟons at exisƟng curbs and addiƟonal structural secƟon for the majority of the roadway. ADA upgrades will also be included as needed. 7. Sandifur Parkway & Road 76 IntersecƟon Safety Enhancement This project will convert the two-way stop-controlled intersecƟon into a roundabout or signalized intersecƟon and will include the following safety enhancements: ADA compliant ramps, marked crosswalks, and push buƩon assemblies; Flashing yellow arrows (FYA) for all leŌ-turn movements; emergency vehicle detecƟon; intersecƟon lighƟng. The project will also include design and construcƟon of intelligent transportaƟon systems (ITS) connecƟons to the Sandifur Parkway/Road 68 intersecƟon for interconnect capabiliƟes. 8. Clark St Improvements This project will adjust Clark Street roadway configuraƟon to include vehicle travel lanes, bike lanes, lighƟng, and bulb-outs at crossing locaƟons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 9. Rd 76 Overpass This project will extend Road 76 north from Chapel Hill Blvd to Burden Blvd by construcƟng an overpass across I-182 to connect communiƟes north and south of the exisƟng interstate. This project will include bicycle and pedestrian faciliƟes. Page 74 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 2 10. Burns Rd/ Rd 68 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burns Road and Road 68 and include any necessary ADA improvements. 11. Harris Rd Realignment This project will re-align Harris Road from Road 103 to Broadmoor Blvd to connect to Sandifur Parkway and eliminate the exisƟng intersecƟon on Broadmoor. 12. Burns Rd Extension – Missing Link This project will extend Burns Road, from Road 68 to Rio Grande Lane to improve connecƟvity and access. 13. City Wide Traffic Signal Improvements (Phase 3) This project will replace obsolete signal equipment with updated signal controllers, signal equipment, opƟmized corridor Ɵming plans, vehicle detecƟon system and emergency vehicle priority system. Pedestrian access will be upgraded to meet current ADA right of way accessibility design guidelines for the signalized intersecƟons. 14. Burden Rd/Rd 60 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Road and Road 60 and include any necessary ADA improvements. 15. E Lewis St/Heritage Blvd IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of E Lewis Street and Heritage Blvd and include any necessary ADA improvements. 16. South Rd 68 Pavement PreservaƟon (NEW) This project involves the asphalt overlay and restriping of South Road 68 from Court Street to eastbound on/off I-182 ramp. 17. Safe Routes to School Project City will conƟnue to work closely with Pasco School District and parents/residents to idenƟfy and prioriƟze projects that qualify for the state’s biannual Safe Routes to School Program, which could include several locaƟons. This project typically involves providing sidewalks, enhancing intersecƟon crossings, providing ADA curb ramps, providing school zone beacons or rectangular rapid flashing beacons (RRFBs), and other safety related improvements within designated school walking routes. 18. Road 44 FCID Canal Crossing (NEW) Project along the west side of Road 44 to provide sidewalk connecƟvity to address exisƟng gap across Franklin County IrrigaƟon Canal structure. Page 75 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 3 19. South 4th Ave (FesƟval Street Improvements) This project will revise roadway configuraƟon and install sidewalk furnishings, lighƟng, street trees and landscaping to create a FesƟval Street on South 4th Avenue from Lewis Street to Columbia Street. The street will be able to be closed to motor vehicles during special events and further enhance the completed Peanuts Park improvement project to allow for greater and more varied use of Peanuts Park Plaza. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 20. Sandifur Pkwy/Rd 84 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Sandifur Parkway and Rd 84 and include any necessary ADA improvements. 21. Sacajawea Heritage Trail Levee Lowering This project will lower the levee and re-install a wider pathway for pedestrians and bicyclists from Road 52 to Road 72. 22. Court & Rd 100 IntersecƟon Improvements This project will convert the exisƟng angled T-intersecƟon at Court St and Road 100 into a roundabout or signalized intersecƟon, enhance traffic flow and safety in the area, and include any necessary ADA improvements. 23. Court St/Rd 60 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Court St and Road 60 and include any necessary ADA improvements. 24. Sandifur Pkwy/ConvenƟon Drive IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Sandifur Parkway and ConvenƟon Drive and include any necessary ADA improvements. 25. I-182/Broadmoor Blvd I/C MulƟuse Pathway/Bridge Construct a ped/bike bridge with a mulƟ-use pathway across I-182 on the west side of the exisƟng overpass, between ramp terminals. 26. Columbia St Improvements This project will adjust Columbia Street roadway configuraƟon to include vehicle travel lanes, bike lanes, lighƟng, and bulb-outs at crossing locaƟons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 27. Burden Rd/Rd 44 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Road and Road 44 and include any necessary ADA improvements. 28. Rd 40 East Pathway This project will construct a mulƟ-use pathway along Road 40 E from ”A” Street to Sacajawea Park E. Page 76 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 4 29. Rainier Ave/Kartchner St IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Rainier Avenue and Kartchner Street at the locaƟon of the US 395 SB On/Off Ramps and include any necessary ADA improvements. 30. Court Street Improvements – Ped/Bike This project will improve Court Street from Road 96 to Harris Road to include bike and pedestrian faciliƟes and permanent traffic calming features. 31. Rd 76 Improvements – Sandifur Pkwy to Cordero Dr This project will install a traffic signal at the intersecƟon of Wrigley Drive and Road 76 and include any necessary ADA improvements and reconfigure corridor between Sandifur Pkwy and Cordero Dr. 32. N 4th Ave Pavement PreservaƟon (I-182 to County Line) (NEW) This project involves the asphalt overlay and restriping North 4th Ave from westbound on/off I-182 ramp to County Line (Glade Road). 33. Argent Road Widening (Phase 4) This project is Phase 4 of urban road improvements to Argent Road from Road 36 to Road 44. Improvements include street widening to a three-lane secƟon, illuminaƟon, stormwater faciliƟes, curb/guƩer, sidewalk, and related improvements. 34. Franklin County IrrigaƟon District Canal Bicycle/Pedestrian Pathway This project will construct a mulƟ-use pathway along the piped irrigaƟon canal from Road 100 to Road 76. 35. Rd 100 Widening This project will widen the Road 100 corridor to a 3-lane secƟon from W Court St to Chapel Hill Blvd. IntersecƟon Improvements (such as turn lanes) will be evaluated and implemented as part of this project. 36. Shoreline Rd Realignment This project will provide for the realignment of Shoreline Road from Shoreline Court to Burns Road. The realignment would be coordinated with the construcƟon of a park, to the west of the proposed roadway. 37. Burns Rd Extension to Glade Rd This project will extend Burns Road from the approximate alignment of Road 44 to Glade Road. 38. Burden Rd/Madison Ave IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Rd and Madison Ave and include any necessary ADA improvements. 39. Court St Safety Improvements This project will reconfigure Court Street from Road 40 to Road 68 to three lanes, with one lane in each direcƟon and a center two-way-leŌ-turn lane and provides designated bike lanes in each direcƟon, and pedestrian facility enhancements. Page 77 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 5 40. James St Improvements This project is intended to provide pavement preservaƟon/reconstrucƟon of E James Street. 41. Harris Rd/Crescent Rd Overpass This project will construct an overpass over I-182 to connect Harris Road and Crescent Road. This project will connect the communiƟes north and south of I-182 and relieve some of the demand at Broadmoor Boulevard and the I-182 interchange. 42. Lewis Street Corridor Improvements (Phase 1) The project is intended to Ɵe the improvements made with the overpass project into those made under the Peanuts Park improvement project. This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape. NOTE: A revised scope is being considered to minimize impacts to businesses during construcƟon. 43. Lewis Street Corridor Improvements (Phase 2) This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape between 5th Ave and 10th Ave. NOTE: A revised scope is being considered to minimize impacts to businesses during construcƟon. 44. I-182/Broadmoor Blvd I/C Improvements – Westbound New mulƟ-lane roundabout at the I-182 westbound ramp terminal at Broadmoor Blvd on the north side of I-182. 45. Court St Safety Improvements (Phase 2) (NEW) This project will reconfigure Court Street from Road 68 to Road 96 to provide designated bike lanes in each direcƟon, and pedestrian facility enhancements, as well as . 46. Annual Pavement PreservaƟon The City has implemented an annual Pavement PreservaƟon Program to assess and maintain quality streets within the City. The program includes crack seal, overlay, chip seal, etc. of city streets. 47. Ped/Bike Gap Program This program idenƟfies and closes gaps in the pedestrian and bicycle network to enhance connecƟvity and safety. Annually, locaƟons are selected with stakeholder and community input, prioriƟzing areas based on traffic volumes, crash history, and proximity to schools, hospitals, transit, and essenƟal services. 48. Neighborhood Traffic Calming Program This program aims to enhance safety and livability in residenƟal areas by implemenƟng measures to reduce vehicle speeds and discourage cut-through traffic. This program includes the implementaƟon of traffic calming measures, such as: chicanes, islands, speed cushions, traffic circles, radar speed feedback signs, and other calming devices to create a safer and more pleasant environment for pedestrians, cyclists, and residents. Page 78 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 6 49. Comprehensive Safety AcƟon Plan (SS4A) Pasco’s Comprehensive Safety AcƟon Plan (CSAP) will help idenƟfy the updated 2024 problem areas through systemaƟc data collecƟon, recommending innovaƟve and appropriate countermeasures, and prioriƟzing safety improvements that will benefit all users. The recommended soluƟons will aim to reduce the frequency and severity of crashes, with an emphasis in reducing fataliƟes and serious injuries. 50. Traffic Analysis for US 12 This project will consist of a traffic analysis for US 12 from the intersecƟons of A Street to Tank Farm Road/Sacajawea Park Road. This study will be completed in partnership with WSDOT in search of pracƟcal soluƟons for safety improvements at these locaƟons. 51. Interchange Feasibility Study This study will evaluate the potenƟal for modifying exisƟng interchanges along I-182, in order to improve traffic flow and safety. It serves as a planning document, defining "purpose and need" and conducƟng traffic analysis to coordinate potenƟal soluƟons with DOT and FHWA. 52. Rd 68/Taylor Flats Rd IntersecƟon Study (NEW) This study will consist of a traffic and safety analysis for the intersecƟon of Road 68 and Taylor Flats Road. The intersecƟon has split ownership with Franklin County. 53. Sign ReflecƟvity Analysis & ImplementaƟon The project will evaluate up to 500 stop signs that are near the end of their service life (older than 12 years) and upgrade the retro-reflecƟvity as needed. The project will also include the evaluaƟon of the stop sign size and may increase stop signs from 30” to 36” signs. In addiƟon, red reflecƟve strips will be added to the stop sign poles as warranted. Page 79 of 228 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 7 REMOVED PROJECTS 1. Burns Rd/Broadmoor Blvd IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burns Road and Broadmoor Blvd. Sidewalks and any necessary ADA improvements will be included. 2. Sandifur Pkwy Extension This project will extend Sandifur Parkway from the vicinity of Road 103 to Road 108. Provisions for future traffic signals will be included at the intersecƟon of Sandifur and Road 105. A roundabout will be constructed at the intersecƟon of Sandifur Parkway and Road 108. 3. Sandifur Pkwy/Broadmoor Blvd IntersecƟon Improvements This project will improve the intersecƟon of Sandifur Parkway and Broadmoor Boulevard. AddiƟonally, Broadmoor Blvd. widening will be included as part of this project extending north up to Burns Road. Provisions for a future traffic signal at Buckingham Dr are considered in this project. 4. Road 108 Extension This project will construct a 2-lanes road from Harris Road to Sandifur Parkway. 5. W 'A' St/6th Ave Pedestrian Crossing Install Rectangular Rapid Flashing Beacons, curb extensions, illuminaƟon, signing, pavement markings, and curb ramps. 6. Commercial Ave/Kartchner St IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Commercial Ave and Kartchner St at the locaƟon of the US 395 NB On/Off Ramps and include any necessary ADA improvements. 7. Citywide Injury MinimizaƟon & Speed Management ImplementaƟon Conduct Citywide speed data collecƟon and study. Install speed limit signing and radar speed feedback signs. Page 80 of 228 Pa g e 8 1 o f 2 2 8 Engagement & Comment Report: Transportation & Capital Improvement Plans Engagement Summary The City of Pasco's Transportation & Capital Improvement Plans bilingual outreach efforts, conducted between April 8 and May 12, 2025, demonstrated effective use of diverse communication tactics to inform and engage residents. The campaign garnered attention through traditional and digital media, with 5 traditional media stories and one city-placed story. The dedicated webpage for CIP & TIP attracted 171 visits and 5 formal comment submissions. The press release and all graphics were translated and posted in Spanish and English. Webpage and social media captions are automatically translated per the user's browser language settings. Spanish translation was available at both meetings but not utilized. Media  Press release sent: 4/9/25  Stories generated: 5  KNDU:  April 8: Pasco open house events to discuss transportation and infrastructure plans | News | nbcrightnow.com  April 21: Pasco residents weigh in on six-year transportation improvement plan | News | nbcrightnow.com  May 7: Pasco's infrastructure plans unveiled at Gesa Stadium open house event | News | nbcrightnow.com  KEPR:  A reporter attended the May 7 event and interviewed Public Works Director Maria Serra, but an online article could not be found.  KVEW:  A reporter attended the April 21 event, and interviewed Public Works Deputy Director Mary Heather live on the 6PM news: https://youtu.be/k_qKGc4K1YM?feature=shared&t=266  City-initiated media placements:  KONA interviews: 4/21/25 Website  CIP & TIP webpage hits: 171  Front Page “News Flash” story:  Opt-In push notice subscribers: 211  Comment forms online from 4/1/25 to 5/11/25:  Total Submissions:  TIP: Three Page 82 of 228  CIP: Two  Comment reports attached Community Meetings  Outreach Meeting Wednesday, May 7th at GESA Stadium  Outreach Meeting Monday, April 21st at City Hall Social Media  Social media posts appeared on Facebook, Instagram, and NextDoor:  Total Impressions: 4,633  Total Shares: 8, 7  Event Attendance: 18 people RSVP’ed  Total Comments: 15  5/6 Post: Page 83 of 228  4/21 Meeting Video Post: Page 84 of 228 Pa g e 8 5 o f 2 2 8 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Griselda Garcia, Interim Director Finance SUBJECT: Ordinance - 2025 Issuance Bond for LID No. 152 (5 minute staff presentation) I. ATTACHMENT(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Sewer Fund - $5,764,435 IV. HISTORY AND FACTS BRIEF: benefitting of means a assisting (LIDs) Districts Improvement Local are properties by providing a means to finance needed capital improvements through the formation of special assessment districts. In March 23 2022, Local Improvement District (LID) No. 152, East UGA Expansion Sewer Local Improvement District, was established via Council approval financial the ordinance The allowed No. Ordinance of 4592. mechanism to support construction of sewer mains and lift station within the UGA expansion east of Road 68. During the construction phase of the project, interim project financing was accomplished by means of a Bond Anticipation Note (BAN) as authorized by Ordinance No. 4704. Proceeds from the BAN of $20,060,000 were received in March 2024. Interest payments totaling $1.4 million are due within the term of this 2025 interim financing instrument. This Note matures September 1, requiring payment of $20,060,000. Page 86 of 228 Construction was completed in phases with the last phase accepted by Council in November 2024. Overall construction costs were less than anticipated during the issuance of the Bond Anticipation Note, resulting in $318,934 of unspent bond proceeds which will be used for repayment. Further the construction project require which growth future would capacity reserve produced for proportionate payments for connection. This reserve capacity is not allocated to the landowners and requires City Contribution in the amount of $5,764,435 to be funded by the Sewer Fund. Future connection payments will reimburse the Sewer Fund for this initial contribution. The final assessment roll was confirmed by Ordinance No. 4762 on March 3, 2025. This confirmation initiated the initial billing process, which provides Local Improvement District (LID) property owners a 30-day interest-free window to prepay all, part, or none of their assessment. Following the close of this prepayment period, the remaining unpaid assessments represent the amount to be financed through the issuance of long-term bonds. Accordingly, the total amount exceed of balance the not unpaid issued be to bonds of will assessments, which totals $12,678,906. V. DISCUSSION: At their meeting of March 3, 2025, Council approved Ordinance No. 4762, Local Improvement District No. 152, setting the final assessment amount, $13,838,683. provided owners property were final Following assessment, notice of a 30-day interest free prepayment period. The purpose of the prepayment period is to allow for payment of any or all outstanding assessments prior to issuance of debt. During the prepayment period, ending May 2, 2025, payments in the amount of $1,159,777 were received. The remaining unpaid assessments in LID No. 152 are $12,678,906. In recent cases, such as LID 150 and LID 151, the final assessment amounts were relatively low, allowing the City to finance in-house using available reserve balances from sources such as the Equipment Replacement Fund. This approach proved more cost-effective by avoiding external debt issuance costs. However, due to the significantly higher funding requirement in this case, the City does not have the capacity to finance the project internally, and external bond issuance is necessary. To facilitate this process, the City is working with its team, which includes bond counsel, a municipal financial advisor, and a bond underwriter. The goal is to complete the bond sale in early August to ensure proceeds are available by early September, in time to repay the maturing Bond Anticipation Note. The proposed bonds will have a 17-year term with annual payments. Page 87 of 228 This ordinance authorizes staff to proceed with the bond issuance process and establishes key parameters. Specifically, the bonds must carry a fixed interest rate and shall not exceed a maximum rate of 6.50%. Page 88 of 228 FG: 103577414.3 CITY OF PASCO, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, providing for the issuance of not to exceed $12,678,905.87 aggregate principal amount of local improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters. PASSED: ________ __, 2025 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 Page 89 of 228 -i- FG: 103577414.3 TABLE OF CONTENTS* Section 1 . Findings and Determinations .................................................................................. 1 Section 2 . Definitions............................................................................................................... 2 Section 3 . Authorization of Bonds ........................................................................................... 5 Section 4 . Description of the Bonds; Appointment of Designated Representative ................. 5 Section 5 . Bond Registrar; Registration and Transfer of Bonds .............................................. 6 Section 6 . Form and Execution of Bonds ................................................................................ 7 Section 7 . Payment of Bonds ................................................................................................... 7 Section 8 . Funds and Accounts ................................................................................................ 7 Section 9 . Maturity; Redemption Provisions and Purchase of Bonds ..................................... 9 Section 10 . Pledge of Assessment Payments ........................................................................... 10 Section 11 . Tax Covenants. ..................................................................................................... 10 Section 12 . Refunding or Defeasance of the Bonds ................................................................ 11 Section 13 . Sale and Delivery of the Bonds. ........................................................................... 11 Section 14 . Official Statement; Continuing Disclosure ........................................................... 11 Section 15 . Supplemental and Amendatory Ordinances.......................................................... 12 Section 16 . Fixing Interest Rate on Assessments .................................................................... 12 Section 17 . General Authorization and Ratification ................................................................ 12 Section 18 . Severability ........................................................................................................... 13 Section 19 . Conflicts with Pasco Municipal Code................................................................... 13 Section 20 . Effective Date of Ordinance ................................................................................. 13 Exhibit A Parameters for Final Terms Exhibit B Form of Undertaking to Provide Continuing Disclosure *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. Page 90 of 228 -1- FG: 103577414.3 CITY OF PASCO, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Pasco, Washington, providing for the issuance of not to exceed $12,678,905.87 aggregate principal amount of local improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Determinations. The City makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Authority and Description of Improvements. By Ordinance No. 4592, passed on May 23, 2022, the City created LID No. 152 for the purpose of carrying out the Improvements and authorizing the issuance of local improvement district bonds to finance a portion of the costs of the Improvements by repaying interim financing, reimbursing the City for Improvements costs, making a deposit to the City’s Guaranty Fund, and paying the costs of issuance of the Bonds. (b) The Notes. Pending the issuance of the Bonds, the City passed Ordinance No. 4704 authorizing the issuance of the City’s Local Improvement District No. 152 Bond Anticipation Notes, 2024 (the “Notes”), and the Notes were sold and delivered to D.A. Davidson & Co. (the “Underwriter”), for the purpose of providing interim financing to pay a portion of the costs of the Improvements. The Notes mature on September 1, 2025, and the City reserved the right to redeem the Notes, in whole or in part, on any date on or after March 1, 2025, at a price equal to the stated principal amount to be redeemed plus accrued interest to the date of redemption. (c) Redemption of the Notes. On March 3, 2025, the City Council passed Ordinance No. 4762, confirming the final assessment roll for LID No. 152 and authorizing the collection of the special assessments levied within LID No. 152. The notice of collection of assessments was published first on April 2, 2025, and subsequently on April 9, 2025, and the last day for prepayment of assessments without penalties or interest was May 2, 2025. The total amount of Bonds to be issued will not exceed the balance of assessments remaining unpaid after the expiration of the 30-day prepayment period ($12,678,905.87). The Notes shall be redeemed with funds to be provided from the following sources in the respective amounts as determined by the Finance Director: (i) unspent proceeds of the Notes held in the Local Improvement Fund created and established by Ordinance No. 4592 not required for payment of the costs of the Improvements ordered by Ordinance No. 4592 to be constructed in respect of LID No. 152; (ii) Page 91 of 228 -2- FG: 103577414.3 proceeds of the Notes held in the City’s Guaranty Fund that are in excess of the minimum balance required to be held therein pursuant to chapter 35.54 RCW; (iii) prepaid assessments received by the City prior to the expiration of the 30-day prepayment period for LID No. 152; (iv) proceeds of the Bonds; and (v) as authorized by RCW 35.45.180, a contribution by the City of funds available in the City’s Sewer Fund in an amount equal to the difference between (A) the total amount of funds required to redeem the Notes on their redemption date and pay costs of issuance of the Bonds, and (B) the sum of the respective available amounts described in the foregoing clauses (i) through (iv) to be used to redeem the Notes and pay costs of issuance of the Bonds, which contribution the City Council finds and declares to be in the public interest and in the best interests of the City. (d) The Bonds. For the purpose of providing a portion of the funds necessary to redeem the Notes and pay the costs of issuance of the Bonds, the City Council finds that it is in the best interests of the City to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City’s Designated Representative consistent with this ordinance. The Bonds shall be paid from and secured by the unpaid assessments made for LID No. 152 that are now required to be paid in 15 equal annual installment payments of principal and interest and the Guaranty Fund. Section 2. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Authorized Denomination” means $5,000 or any integral multiple thereof within an estimated redemption date within a Series, except that if the aggregate principal amount of the Series of the Bonds is not an integral multiple of $5,000, then the first Bond of that Series shall be in such principal amount as the Designated Representative shall determine. (b) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) “Bond Purchase Contract” means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance of that Series that is accepted by the Designated Representative on behalf of the City pursuant to this ordinance. (f) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (g) “Bond Registrar” means the Fiscal Agent, the Finance Director or any successor bond registrar selected by the Designated Representative in accordance with Exhibit A(ix). Page 92 of 228 -3- FG: 103577414.3 (h) “City” means the City of Pasco, Washington, a municipal corporation duly organized and existing under the laws of the State. (i) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (j) “City Manager” means the duly appointed and acting City Manager or Interim City Manager or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (k) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (l) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (m) “Designated Representative Certificate” means the certificate executed by the Designated Representative on the sale date authorizing the Final Terms of each Series of the Bonds. (n) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (o) “Final Terms” means the terms and conditions for the sale of a Series of the Bonds including, but not limited to, the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (p) “Finance Director” means the duly appointed and acting Finance Director or Interim Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (q) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (r) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (s) “Guaranty Fund” or “Local Improvement Guaranty Fund” means the Local Improvement Guaranty Fund of the City previously created pursuant to Pasco Municipal Code 3.90.010. (t) “Improvements” means has the meaning provided in Ordinance No. 4592, including without limitation, sanitary sewer construction, including site grading, manholes, a lift station and force mains, and sewer gravity pipelines, casings, and appurtenances in the City’s East Urban Growth Area (UGA) Expansion Area ordered in respect of LID No. 152. For purposes of this ordinance, costs of the Improvements include all costs of constructing the Page 93 of 228 -4- FG: 103577414.3 Improvements and all other costs permitted for inclusion under RCW 35.44.020 and related statutes, including without limitation, all costs for legal, financial, and appraisal services and any other expenses incurred by the City on behalf of or in the formation of LID No. 152, or in connection with such construction or improvement and in the financing thereof, including the costs of issuance of the Bonds. (u) “Improvement Fund means the Local Improvement created and held by the City by Ordinance No. 4592 and used for the purpose of carrying out the Improvements. (v) “Interest Payment Date” means each annual date on which interest on a Bond is due and payable, as set forth in the Bond Purchase Contract. (w) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (x) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC, dated August 31, 1998, as it may be amended from time to time, or any successor or substitute letter relating to the operations procedures of the Securities Depository. (y) “LID Bond Fund” means the Local Improvement Fund, District No. 152 of the City created for the payment of the principal of and interest on the Bonds. (z) “LID No. 152” means Local Improvement District No. 152, established by Ordinance No. 4592 of the City, passed May 23, 2022, for the purpose of carrying out the Improvements. (aa) “MSRB” means the Municipal Securities Rulemaking Board. (bb) “Notes” means the City’s outstanding Local Improvement District No. 152 Bond Anticipation Notes, 2024. (cc) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (dd) “Purchaser” means the person, bank, corporation, firm, association, partnership, trust, the City or other legal entity or group of entities selected by the Designated Representative to serve as underwriter or purchaser for a negotiated sale of a Series of the Bonds. (ee) “Rating Agency” means each nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City, if any. (ff) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an Interest Payment Date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. Page 94 of 228 -5- FG: 103577414.3 (gg) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book–entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (hh) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ii) “SEC” means the United States Securities and Exchange Commission. (jj) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (kk) “Series of the Bonds” or “Series” means a series of the Bonds issued pursuant to this ordinance. (ll) “State” means the State of Washington. (mm) “System of Registration” means the system of registration for the City’s bonds and other obligations set forth in Ordinance No. 2845 of the City. (nn) “Tax-Exempt Bonds” means any Bond, the interest on which is intended as of its Issue Date to be excluded from gross income for federal income tax purposes. (oo) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 14 of this ordinance. Section 3. Authorization of Bonds. The City is authorized to issue the Bonds to provide the funds necessary to pay or reimburse a portion of the costs of the Improvements, including without limitation redeeming the Notes and paying the costs of issuance of the Bonds. The costs of issuance of the Bonds shall include, but not be limited to, the underwriter’s discount, the underwriter’s counsel fee, the bond counsel fee and the financial advisor fee. The Bonds shall evidence indebtedness in an amount not to exceed the total amount on the assessment roll for LID No. 152 remaining uncollected after the expiration of the 30 day prepayment period, as further described in Exhibit A attached to this ordinance and incorporated by this reference. Section 4. Description of the Bonds; Appointment of Designated Representative. The City Manager and the Finance Director, each acting independently, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds, in one or more Series bearing the same Issue Date, in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A. Page 95 of 228 -6- FG: 103577414.3 Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest, and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Designated Representative shall appoint the Bond Registrar for each Series of the Bonds in accordance with Exhibit A. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds of an equal aggregate principal amount and of the same Series, interest rate, estimated redemption date and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book-Entry Only Form. The Designated Representative may determine whether each Series of the Bonds is to be issued in certificated or fully immobilized book-entry only form. If a Series of the Bonds is issued in book-entry form, DTC shall be appointed as initial Securities Depository. Each Bond of such Series initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Series of the Bonds is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Series of the Bonds no longer shall be held in book- entry only form and the registered ownership of each Bond of such Series may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as Page 96 of 228 -7- FG: 103577414.3 nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate Of Authentication. This Bond is one of the fully registered City of Pasco, Washington, Local Improvement District No. 152 Bonds.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America solely out of the LID Bond Fund or from the Local Improvement Guaranty Fund of the City. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on each Interest Payment Date, or by check or draft of the Bond Registrar mailed on such Interest Payment Date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts. (a) LID Bond Fund; Deposit of Assessments. The LID Bond Fund has been previously created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. All collections pertaining to payments of assessments on the assessment Page 97 of 228 -8- FG: 103577414.3 roll of LID No. 152, including prepayments, installment payments, and interest and penalties thereon, shall be deposited in the LID Bond Fund. Prior to the Issue Date, any money on hand in the LID Bond Fund may be used to pay or reimburse costs of the Improvements, may be transferred to the Guaranty Fund, or may be retained therein for the payment of principal of or interest on the Bonds, as determined by the Finance Director. After the Issue Date, money on hand in the LID Bond Fund shall be used solely to pay interest on the Bonds, to redeem outstanding Bonds in accordance with Section 9, or to pay for costs of collecting delinquent assessments. Until needed for such purposes, the City may invest money in the LID Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the LID Bond Fund and used for the purposes of that fund. (b) Improvement Fund; Deposit of Bond Proceeds. Proceeds received from the sale and delivery of each Series of the Bonds in an amount sufficient, together with (i) unspent proceeds of the Notes held in the Local Improvement Fund created and established by Ordinance No. 4592 not required for payment of the costs of the Improvements ordered by Ordinance No. 4592 to be constructed in respect of LID No. 152; (ii) proceeds of the Notes held in the City’s Guaranty Fund that are in excess of the minimum balance required to be held therein pursuant to chapter 35.54 RCW; (iii) prepaid assessments received by the City prior to the expiration of the 30-day prepayment period for LID No. 152; and (iv) as authorized by RCW 35.45.180, a contribution by the City of funds available in the City’s Sewer Fund in an amount equal to the difference between (A) the total amount of funds required to redeem the Notes on their redemption date and pay costs of issuance of the Bonds, and (B) the sum of the respective available amounts described in the foregoing clauses (i) through (iii) to be used to redeem the Notes and pay costs of issuance of the Bonds (which contribution the City Council finds and declares to be in the public interest and in the best interests of the City), shall be paid into or allocated to the Improvement Fund and used to redeem the Notes and pay the costs of issuance of the Bonds. Until needed for such purposes, the City may invest the principal proceeds of the Bonds temporarily in any legal investment, and the investment earnings shall be deposited in the LID Bond Fund. Earnings subject to a federal tax or rebate requirement may be withdrawn from any such fund or account and used for those tax or rebate purposes. Any proceeds of Bonds remaining in the Improvement Fund after paying the costs of the Improvements, the costs of issuing the Bonds, and for the purposes set forth in this section, or after the City Council has determined that the expenditure of such bond proceeds for those purposes is no longer necessary or appropriate, may be used to pay principal of and interest on the Bonds consistent with applicable law. (c) Guaranty Fund. On the Issue Date, there shall be held on deposit in the Guaranty Fund an amount not less than the balance required to be maintained therein under this subsection. For so long as any of the Bonds remain outstanding, the City shall take such actions as may be necessary, consistent with chapters 35.45 and 35.54 RCW and other applicable state law and applicable requirements of the Code, to maintain a minimum balance in the Guaranty Fund equal to 10 percent of the principal amount of all bonds, notes and other obligations secured by the Guaranty Fund, provided, that for the purpose of this calculation, the principal amount of bonds, notes and other obligations secured by the Guaranty Fund shall be reduced by the amount then on deposit in the respective debt service funds held by the City for payment and redemption of such bonds, notes and other obligations. Page 98 of 228 -9- FG: 103577414.3 In connection with the City’s annual budget preparation, the Finance Director shall review the amount on deposit in the Guaranty Fund, the amount of delinquent installment payments (including interest thereon) of local improvement district assessments secured by the Guaranty Fund, and the respective amounts reasonably expected to be recovered from foreclosure proceedings pursuant to chapter 35.50 RCW or other applicable law. Based on that review the City shall, pursuant to RCW 35.54.060 and subject to applicable state law and constitutional limitations and applicable requirements of the Code, provide for the levy of a sum sufficient, together with other sources of the Guaranty Fund, to maintain the minimum balance described in the preceding paragraph, and to provide for all payments reasonably expected to be made out of the Guaranty Fund. Interest and earnings from the Guaranty Fund shall be retained within the Guaranty Fund. The Finance Director may establish subaccounts within the Guaranty Fund from time to time as the Finance Director deems necessary or desirable for purposes of accounting for the investment of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds, notes and other obligations secured by such fund and as otherwise set forth in chapter 35.54 RCW and other applicable law, except that any investment earnings that are subject to a federal tax or rebate requirement may be withdrawn from the Guaranty Fund and used for those tax or rebate purposes. Section 9. Maturity; Redemption Provisions and Purchase of Bonds. (a) Maturity. All Bonds shall bear a maturity date approved by the Designated Representative in accordance with Section 4. (b) Redemption Provisions. The City shall call Bonds for redemption in whole or in part in Authorized Denominations by Series and, within each Series, on each Interest Payment Date when there is money in the LID Bond Fund from assessment payments (including principal, interest, and penalties thereon) sufficient to pay the Bond (or portion thereof) so called over and above the amount required for the payment of the interest payable on all unpaid Bonds on that Interest Payment Date. Bonds shall be redeemed at a redemption price equal to the stated principal amount to be redeemed plus interest accrued thereon to the redemption date. At the option of the City in its sole discretion, Bonds may be called and paid in whole or in part on an Interest Payment Date from other money of the City legally available therefor and deposited in the Bond Fund on or after the dates set forth in the Bond Purchase Contract. Nothing in the preceding sentence requires payment from any source other than the funds pledged in Section 10 hereof. (c) Selection of Bonds for Redemption; Partial Redemption. For so long as a Series of the Bonds is registered in the name of the Securities Depository, if less than all of the principal amount of Bonds with the same estimated redemption date is to be redeemed, the Securities Depository shall select the proportion of those Bonds to be redeemed in accordance with the Letter of Representations. If a Series of the Bonds is not registered in the name of the Securities Depository, the Bond Registrar shall, unless otherwise specified in the Bond Purchase Contract, select the proportion of those Bonds with the same estimated redemption date to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. Page 99 of 228 -10- FG: 103577414.3 If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond, bearing the same Series, estimated redemption date and interest rate, in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 15 nor more than 45 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Redemption Notice. In the case of any redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice by giving a notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed for redemption. Any notice of redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on the principal portion of each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above or payment is not made for the Bond called for redemption. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Pledge of Assessment Payments. Assessments collected in LID No. 152, together with interest and penalties, if any, are pledged to the payment of the Bonds, which are payable solely out of the LID Bond Fund and the Local Improvement Guaranty Fund of the City, all in the manner provided by law. The Bonds are not general obligations of the City. The City covenants that it will diligently commence and pursue the collection of all delinquent assessments in LID No. 152. Section 11. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax-Exempt Bonds or other funds of the City treated as proceeds of the Tax-Exempt Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax- Page 100 of 228 -11- FG: 103577414.3 Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax-Exempt Bonds. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal tax purposes. Section 12. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account, and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 13. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds to the Purchaser by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. (b) Procedure for Negotiated Sale. The Designated Representative shall select one or more Purchasers with whom to negotiate the sale of a Series of the Bonds. A Bond Purchase Contract shall set forth the Final Terms of the sale of each Series. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 14. Official Statement; Continuing Disclosure. Page 101 of 228 -12- FG: 103577414.3 (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of a Series of the Bonds to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to deem that preliminary official statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been deemed final in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for any Series of the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Purchaser. The City authorizes and approves the distribution by the Purchaser of that final official statement to purchasers and potential purchasers of such Bonds. (c) Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for a Series of the Bonds, the Designated Representative is authorized and directed to execute a written undertaking to provide continuing disclosure for the benefit of holders of such Series of the Bonds in substantially the form attached as Exhibit B. Section 15. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 16. Fixing Interest Rate on Assessments. The interest rate on the installment payments of the special assessments in LID No. 152 is fixed at a rate equal to 0.5%, plus the rate equal to the all-in true interest cost of the Bonds, as set forth in the Bond Purchase Contract, carried out to two decimal places. If the Bonds are issued in more than one Series, the all-in true interest cost shall mean a blended rate of all Series of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this Page 102 of 228 -13- FG: 103577414.3 ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Conflicts with Pasco Municipal Code. To the extent that anything contained in this ordinance is inconsistent with any provision set forth in the Pasco Municipal Code, this ordinance and state law shall be deemed to be the controlling law for the narrow and specific purpose of authorizing the Bonds described herein, and such provisions of the Pasco Municipal Code shall not apply. Section 20. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, at a regular meeting thereof, this __ day of _________, 2025. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Bond Counsel Attachments: Exhibit A – Description of the Bonds Exhibit B – Form of Undertaking to Provide Continuing Disclosure Page 103 of 228 Exhibit A A-1 FG: 103577414.3 EXHIBIT A DESCRIPTION OF THE BONDS (i) Principal Amount. The Bonds may be issued in one or more Series, and the aggregate principal amount of the Bonds shall not exceed the total amount on the assessment roll remaining uncollected after the expiration of the 30 day prepayment period ($12,678,905.87). To facilitate delivery of the Bonds through the Securities Depository, the principal amount may be rounded down to the nearest dollar. (ii) Date or Dates. Each Bond shall be dated its Issue Date, which date may not be later than one year after the effective date of this ordinance and may not occur prior to 20 days after the expiration of the 30 day prepayment period for paying assessments. All Series of the Bonds shall bear the same Issue Date. (iii) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations, initially with one Bond corresponding to each estimated redemption date within a Series. The Bonds shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative or the Bond Registrar. (iv) Interest Rate(s). Each Bond shall bear interest at a fixed rate not to exceed 6.50% per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. The true interest cost to the City for each Series of the Bonds may not exceed 6.50%. (v) Interest Payment Dates. Interest shall be payable annually on each August 1, commencing August 1, 2026, which is the Interest Payment Date occurring no later than 6 months after June 1, 2026, which is the first annual assessment installment payment date following the Issue Date. (vi) Maturity Date. The Bonds shall mature on August 1, 2042, which is the Interest Payment Date next occurring after the date that is at least 2 years after the final assessment installment payment due date of June 1, 2040. (vii) Redemption Rights. The Bonds shall be subject to redemption on Interest Payment Dates, as set forth in Section 9 of this ordinance. Page 104 of 228 A-2 FG: 103577414.3 (viii) Price. The purchase price for each Series of the Bonds shall not be less than 98% nor more than 100% of the stated principal amount of the Bonds. (ix) Other Terms & Conditions. The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; may designate a Series of the Bonds as Tax-Exempt Bonds or as taxable Bonds; may appoint the Fiscal Agent or the Finance Director as the initial Bond Registrar for a Series of the Bonds; agree to a minimum Guaranty Fund balance requirement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. Page 105 of 228 Exhibit B B-1 FG: 103577414.3 [Form of] UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Pasco, Washington Local Improvement District No. 152 Bonds The City of Pasco, Washington (the “City”), makes the following written Undertaking for the benefit of holders of the above-referenced bonds (the “Bonds”), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. ____ of the City (the “Bond Ordinance”). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) (“annual financial information”); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City or any obligated person, as such “obligated person” and “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or an obligated person or the sale of all or substantially all of the assets of the City or an obligated person other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, Page 106 of 228 B-2 FG: 103577414.3 termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12; and (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) a statement of the outstanding balance of obligations secured by the Local Improvement Guaranty Fund; (3) the balance of cash and investments in the Local Improvement Guaranty Fund at fiscal year end; and (4) a statement of the amount of assessments that the City billed and collected in that fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2024; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. Page 107 of 228 B-3 FG: 103577414.3 (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. Page 108 of 228 FG: 103577414.3 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on _______ __, 2025, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is _______ __, 2025. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: ______ __, 2025. CITY OF PASCO, WASHINGTON _____________________________________ City Clerk Page 109 of 228 June 9, 2025 Pasco City Council Workshop Pa g e 1 1 0 o f 2 2 8 What is a LID? A Local Improvement District (LID) serves as a mechanism to finance capital improvements that primarily benefit property owners of specific properties. ◦Allow for long term financing of improvements typically at low-interest rates ◦Repayment is spread over many years ◦Assessments to property owners reflect special benefit received ◦Includes all specially benefitted properties in the assessment As the improvements have a specific benefit to private owners, City funding of improvements is not correct. City funding of improvements that don’t provide widespread benefit conflict with the State of Washington prohibition on gifting of public funds. Pa g e 1 1 1 o f 2 2 8 LID Process Initiated by resolution (City initiated) or petition (property owner initiated) Potential LID is discussed as part of a public hearing. A LID is created by council adoption of ordinance. Two possible methodologies for assessment per State statute: ◦Mathematical – based on measurement unit ◦Special Benefit Analysis – assessment calculated by certified appraiser ◦A special benefit analysis will be undertaken for this LID upon completion ◦As part of the planning process a preliminary appraisal was undertaken by a third party Pa g e 1 1 2 o f 2 2 8 LID Steps ◦Pre-formation and evaluation of feasibility ◦Formation ◦Cost estimates and preliminary assessment roll creation ◦Formation hearing notices to property owners ◦Formation hearing ◦Protest and appeals periods ◦Design, construction and interim financing ◦LID close out process ◦Final assessment roll and hearing ◦Post assessment roll hearing actions or appeals ◦Ordinance for final assessment roll ◦Treasurer notice of final assessment (30-day interest free prepayment period) ◦Long-term financing secured ◦First annual assessment payment due approximately one year later Current stage Currently, in this phase Pa g e 1 1 3 o f 2 2 8 East UGA Sewer LID ◦Project constructed sanitary sewer and lift station improvements within the East Urban Growth Area Expansion ◦Area of improvement includes several large parcels (10 acres or more), comprising approximately 1,100 acres. ◦Includes parcels in various stages of development ◦No property owners with LID 152 contested creation of the LID ◦LID formation was approved by council May 2, 2022 ◦Interim financing of $20M received March 14, 2024, and matures Sept. 1, 2025 ◦Project acceptance for last phases occurred on Nov. 18, 2024 ◦Final assessment roll adopted on March 3, 2025 ◦30-day interest-free prepayment period expired on May 2, 2025 ◦Current request supports issuance of long-term financing. Pa g e 1 1 4 o f 2 2 8 Future Steps •Adopt ordinance authorizing issuance of the $12.68 million LID Bond •Approve budget amendment to allocate Sewer Fund reserves for the City’s reserve capacity contribution •Finance Department to coordinate with Bond Team on rating call and bond issuance •Finance to bill property owners annually and manage annual debt service payments Pa g e 1 1 5 o f 2 2 8 QUESTIONS? Pa g e 1 1 6 o f 2 2 8 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution - Professional Services Agreement Amendment No. 5 with WSP USA, Inc. for the Lewis Street Overpass Project (5 minute staff presentation) I. ATTACHMENT(S): Resolution for WSP Professional Services Agreement Amendment No. 5 Exhibit A: WSP Professional Services Agreement Amendment No. 5 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation - Michael Uhlman, WSP, Inc. III. FISCAL IMPACT: Original Construction Management PSA with WSP, Inc. $1,852,654.64 Previously Approved Amendments Nos. 1-4 $1,113,825.86 Proposed Amendment No.5 (subject to approval) $99,485.75 Proposed PSA Total with WSP, Inc $3,065,966.25 The costs associated with this amendment are expected to be offset by liquidated damages assessed to the contractor for the additional contract days required to complete the repairs. IV. HISTORY AND FACTS BRIEF: Street Lewis existing the replaces project Overpass Street Lewis The undercrossing, constructed under the BNSF Railyard in 1937, with a new bridge over the railyard. On March 1, 2021, Council awarded the Lewis Street Overpass construction contract the in WA Vancouver, Bridge, LLC amount Cascade to of of $22,344,999.88. Since construction began, the project has required fifty-six Page 117 of 228 (56) change orders for a total of $6,844,330.84. WSP AMENDMENT NO. 5 The original Professional Services Agreement (PSA) with WSP USA, Inc. (WSP) was authorized by Council on July 24, 2020. The agreement included a scope and budget for 24 months of construction administration services for the Lewis Street Overpass project. Construction bids were opened on January 28, 2021, approximately six months after the start of the agreement’s term. Amendment No. 1, executed on November 12, 2021, provided compensation for additional work related to the inspection of bridge girders. These inspections were initially planned to be performed by the Washington State Department COVID-related to however, due Transportation of (WSDOT); staffing shortages, WSDOT informed the City that they would be unable to complete delays, the work. To avoid significant WSP having qualified personnel available performed the inspections. Amendment No. 2, executed on February 15, 2024, compensated WSP for supplemental the extended to construction services management due construction timeline. Amendment No. 3 provided additional funding to continue construction management services through the remainder of the project. These services were originally expected to continue through February 2025. Amendment No. 4 extended the contract end date to December 31, 2025. No additional costs were associated with this amendment. Amendment No. 5 will provide additional scope for WSP to perform construction inspection services during scheduled corrective work in June and July of 2025. The costs associated with this amendment are expected to be offset by liquidated damages assessed to the contractor for the additional contract days required to complete the repairs. V. DISCUSSION: Staff recommends approval of Amendment No. 5 to the Professional Services Agreement with WSP, Inc. This amendment is necessary to support scheduled corrective work to be performed by Cascade Bridge (contractor) in June and July 2025 in the final efforts to complete the project. WSP role is to ensure the delivery of the project is consistent with the project specifications. WSP has served as the construction management consultant since the beginning of the project and has developed a thorough understanding Page 118 of 228 of the project’s complexities, coordination requirements, and construction history. Maintaining continuity with WSP through the final work on the project ensures efficient oversight, preserves institutional knowledge, and reduces the risk of further delays or miscommunication during this final phase of work. Page 119 of 228 Resolution – WSP USA, INC – LSO PSA Amend 5 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP USA, INC. FOR THE LEWIS STREET OVERPASS PROJECT. WHEREAS, the City of Pasco (City) and WSP USA, Inc. entered into a Professional Services Agreement on July 24, 2020, to provide construction management services with respect to the Lewis Street Overpass Project; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 1 to the Professional Services Agreement on November 12, 2021, in the amount of $49,422.86 to provide girder fabrication inspection services with respect to the Lewis Street Overpass Project; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 2 to the Professional Services Agreement on November 20, 2023, in the amount of $914,433.00 to provide ongoing construction management and inspection services support during the extended construction period; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 3 to the Professional Services Agreement in the amount of $150,000.00 to provide ongoing construction management and inspection services support during the extended construction period; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 4 to the Professional Services Agreement to extend the contract end date to December 31, 2025, with no additional cost to the City; and WHEREAS, the City and WSP USA, Inc. desire to enter into Amendment No. 5 to the Professional Services Agreement in the amount of $99,485.75 to provide additional funding for construction inspection services during scheduled repair work anticipated to occur in June and July of 2025; and WHEREAS, the costs associated with Amendment No. 5 are expected to be offset by liquidated damages assessed to the contractor for additional contract days required to complete the repair work; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into Amendment No. 5 with WSP USA, Inc. Page 120 of 228 Resolution – WSP USA, INC – LSO PSA Amend 5 - 2 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 Amendment No. 5 between the City of Pasco and WSP USA, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment No. 5 on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Amendment. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 121 of 228 WSP USA, Inc Amendment No. 5 to PSA LSO Contract Mngt – 13007 Version 05.11.24 Page 1 AMENDMENT NUMBER 5 to PROFESSIONAL SERVICES AGREEMENT Lewis Street Overpass Construction Management PROJECT: 13007 AGREEMENT NO. 20-018 WHEREAS, the City and WSP USA, Inc. entered into a Professional Services Agreement on July, 24, 2020 to provide engineering services with respect to the Lewis Street Overpass project. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 1 to provide Construction Engineering on November 12, 2021. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 2 to provide Construction Engineering on February 15, 2024. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 3 to provide Construction Engineering on December 9, 2024. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 4 to provide Construction Engineering on February 24, 2025. NOW, THEREFORE, this agreement is amended to allow WSP USA Inc., to provide additional Construction Engineering services as described in Exhibit A. 1. Scope of Work: See Exhibit A 2. Fee: The compensation for the work is based on a Time and Materials Basis not to exceed the amount of $99,485.75 for a total authorization amount of $3,066,996.25. 3. Time of performance: The services shall be complete for the project on or before December 31, 2025. Page 122 of 228 WSP USA, Inc Amendment No. 5 to PSA LSO Contract Mngt – 13007 Version 05.11.24 Page 2 DATED THIS DAY______________________________. [date of execution] CITY OF PASCO, WASHINGTON WSP USA Inc. Dave Zabell, Interim City Manager Jill Marilley, Construction Services Manager Page 123 of 228 EXHIBIT A City of Pasco Scope of Work Amendment #5 Lewis Street Overcrossing Construction Management PROJECT DESCRIPTION The original project description is supplemented with construction management for the repairs of the expansion joint, approach slabs, barrier transition, and related areas. This also adds verification of the punchlist and project closeout. This amendment does not cover inspection of the coping repair if it does not coincide with the work already noted. PROJECT ASSUMPTIONS The original project assumptions are per Amendment 4. DEFINITIONS & ABBREVIATIONS This section is unchanged. Task 1 Project Management This section is supplemented with the following: • Remote attendance at weekly coordination meetings during the field repair and punchlist work • Remote attendance at weekly coordination and brainstorming meetings with the City, the Contractor, and the Designer for the coping damage resolution. Meetings to be finished by August 30, 2025 and are assumed to average two hours per week. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Task 2 Resident Engineer The original scope is supplemented with the following : • One site visit to start inspection of the repairs and coordination with the contractor • Remote monitoring of inspection efforts • One site visit to verify completion of punchlist work if required • Remote attendance at weekly coordination meetings during the field repair and punchlist work • Remote attendance at weekly coordination and brainstorming meetings with the City, the Contractor, and the Designer for the coping damage resolution. Meetings to be finished by August 30, 2025 and are assumed to average two hours per week. Assumptions The original assumptions are supplemented with the following: • Up to 10 hours per week during the field repair and punchlist work, assumed to take up to four weeks. • Both site visits are up to three days in duration Deliverables The deliverables are unchanged. Page 124 of 228 Task 3 Office Engineering The original scope is supplemented with the following: • Duration remains through the end of December, 2025. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Task 4 Quality Verification Inspections This section is supplemented with the following: • Provide inspector duties as necessary for the repair and replacement of the expansion joint and related areas, up to four weeks of work at 50 hours of contractor working time per week. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Total Project Costs for Amendment #5 Labor – Regular & OT $ 83,962.95 Other Direct Costs $ 15,522.80 ___________ Total Amendment #2 Costs $ 99,485.75 Page 125 of 228 June 9, 2025 Lewis Street Overpass Council Meeting Pa g e 1 2 6 o f 2 2 8 Current Schedule: •Groundbreaking Ceremony = June 4, 2021 •Contractor Began Work = August 30, 2021 •400 working day contract •Bridge Open for Vehicles = April 26, 2024 •Substantial Completion Date = November 2024 •Corrective Work – June/July 2025 Lewis Street Overpass Pa g e 1 2 7 o f 2 2 8 WSP •Amendment Request •Staff has reviewed the request in detail •Contract duration has doubled •400 working days  800+ working days •More change orders than anticipated •Long schedule disputes •Required •Services the City is not equipped to cover •Notable work provided outside of Scope •Facilitated community outreach meetings •Negotiated access to businesses during construction •Heavy BNSF Coordination •Provided soil sample collection, delivery and coordinated lab testing Lewis Street Overpass Pa g e 1 2 8 o f 2 2 8 WSP Contract •WSP (Construction Management) •Original Contract = $1,852,654.64 •Supplement 1 = $49,422.86 ($1,902,077.50 contract total) •WSP provided services that WSDOT could not due to COVID-19 •Supplement 2 = $914,433.00 •Contract extension due to longer duration project •Supplement 3 = $150,000.00 •Provided services through spring 2025 •Supplement 4 = Time only •Extends contract duration through 2025 so it didn’t expire •Proposed Supplement 5 = $99,485.75 •Provides inspection services •City may offset costs with Liquidated Damages from Contractor Total Proposed Contract = $3,065,996.25 Lewis Street Overpass Pa g e 1 2 9 o f 2 2 8 Questions? Lewis Street Overpass Pa g e 1 3 0 o f 2 2 8 AGENDA REPORT FOR: City Council June 4, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Maria Serra, Director Public Works SUBJECT: Ordinance - Budget Amendment for Upsize Program Water and Irrigation (5 minute staff presentation) I. ATTACHMENT(S): NA II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Proposed budget amendment for Development Upsize program Water Fund (Fund 411): $1,300,000 Irrigation Fund (Fund 420): $550,000 IV. HISTORY AND FACTS BRIEF: The City of Pasco’s Utility Upsize Program is an infrastructure planning tool designed to efficiently coordinate public utility improvements with private utility as extensions—such construct development As activity. developers water, sewer, and irrigation infrastructure—to serve new development projects, the City evaluates opportunities to upsize those facilities in accordance with long-range system planning and utility master plans. Upsizing typically involves increasing future meet to capacities projected or diameters pipe system demand or to support regional service needs beyond the scope of a single development. To facilitate this, the City enters into cost-sharing agreements with developers, whereby during the developer installs the upsized infrastructure project construction, and the City reimburses the incremental cost difference between the standard development requirement and the upsized specification. This approach minimizes future disruptions, avoids redundant construction, and Page 131 of 228 ensures cost-effective delivery of infrastructure. Funding for the upsizing component is programmed through the City’s utility operating budgets. These budgets are supported by utility revenues and capital expansion fees. The Utility Upsize Program supports orderly growth, system resiliency, and long-term service efficiency. Budgeting for such activity is more complicated by the fact that the construction activity is based on private development schedule. As a policy, City budgets conservatively, specially on expenses. upsize Irrigation and and for allocations Historical Water development contributions ranged between $200,000 and $400,000 biannually. If additional budget is required, staff requests amendment to the budget. In 2025-2026 Biennial Budget, Irrigation Utility budgeted $300,000 for upsizes and budget for Water Utility was inadvertently missed. V. DISCUSSION: The proposed allocations for the current biennium are $1.3 Million for Water Utility and $550,000 for Irrigation Utility. These funding estimates are based on a comprehensive review of current outstanding obligations—including projects underway with pending reimbursements—as well as anticipated commitments through the remainder of the biennium. This amendment positions the City to meet delivering its cost-sharing responsibilities and continue coordinated infrastructure improvements consistent with our adopted utility master plans. Current reserves can support this budget amendment; however, resources are strained due to significant needs across our utility systems. It’s important to recognize that not partnering with private development for upsizing infrastructure is not an economical option and could lead to substantial costs in the future. Looking ahead, this funding challenge underscores the need to revisit the utility’s expansion funding approach, particularly by adjusting capital expansion fees for the Water Utility. Staff is currently conducting a Water and Sewer Utility Revenue Requirement Study, similar to the recent analysis for the Irrigation Utility. When properly calibrated, these Capital Expansion Fees can establish a sustainable funding reserve to support capacity improvements initiated by the City or developers, including upsizing efforts. this on discussion and We Council’s requesting are matter. guidance Meanwhile, a legal review is underway to determine whether this budget amendment complies with RCW requirements, as biennial budget amendments are generally not permitted until the third quarter of the first year. If the amendment is compliant, staff plans to return with an ordinance next week. If not, we seek verbal approval to proceed with execution of upsizing agreements so that our development partners can be reimbursed promptly. Page 132 of 228 Page 133 of 228 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Brian Cartwright, Division Manager Community & Economic Development SUBJECT: Resolutions - Approving Three (3) Developer Reimbursement Agreements for the Utility Improvements Associated with the “Broadmoor TIF-Utility Package Project” (5 minute staff presentation) I. ATTACHMENT(S): Presentation Resolutions Exhibit-Development Reimbursement Agreements II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion/Presentation III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City of Pasco, acting in the capacity of a developer under RCW 35.91 and PMC 14.25, constructed utility improvements within the Sandifur Parkway and Road 108 rights-of-way to support future development. These improvements benefit abutting private properties, not City-owned development. To recover the proportionate latecomer submitted City the these of cost improvements, applications for three utility systems: water, sewer, and irrigation. As Broadmoor part of the TIF-Utility Package Project, the following improvements were completed:  Water: ~8,300 linear feet of 6", 8", 12", and 24" water main; 26 blow-off assemblies; 19 fire hydrant assemblies; 2 air relief valves; and a pressure reducing station.  Irrigation: ~6,176 linear feet of 12" and 16" irrigation main; 10 service Page 134 of 228 connections; and 5 air relief valves.  Sewer: ~7,075 linear feet of 6", 8", 12", and 15" sewer main; and 23 48- inch manholes. These improvements fulfill the "to and through" utility extension requirements and support planned development throughout the benefit area. Construction is complete and has been formally accepted by the City. Final construction costs were submitted by the City (as developer), reviewed by staff (as administrator), and verified as accurate and consistent with completed work. V. DISCUSSION: RCW 35.91 authorizes municipalities to enter into contracts with property owners who voluntarily construct water or sewer facilities at their own expense. It provides a mechanism for reimbursement from other property owners who subsequently benefit from those improvements. RCW 35.91.020 specifically allows municipalities to exercise the same rights as private developers for cost recovery. Pasco Municipal Code (PMC) Chapter 14.25 implements this authority at the local level. While most developer reimbursement agreements are initiated by private parties, PMC Section 14.25.070 expressly permits the City to act as a developer and seek reimbursement for utility infrastructure constructed to support future development. In this case, the City initiated latecomer agreements for utility infrastructure installed in the public right-of-way under the Broadmoor TIF-Utility Package Project. Though the City is not developing any private property, it constructed these improvements at its own expense to serve abutting parcels. The benefit area and cost allocations have been reviewed in accordance with applicable law, and all procedural requirements of RCW 35.91 and PMC Chapter 14.25 have been satisfied. Staff recommends that the City Council approve the final Developer Reimbursement Agreements for the water, sewer, and irrigation improvements associated with the Broadmoor TIF-Utility Package Project. Upon approval, the agreements will be executed by the City Manager pursuant to Pasco Municipal Code. Page 135 of 228 June 9, 2025 Pasco City Council Workshop Pa g e 1 3 6 o f 2 2 8 City Initiated Developer Reimbursement Agreement –“A” Street Sports Complex June 9, 2025 Pasco City Council Pa g e 1 3 7 o f 2 2 8 “A” Street Sports Complex 3 •The City built water and sewer along South Elm Street •Supports development of City owned property as well as 3 privately owned parcels. •Utilities built: •Water ≈ 460 feet of pipe, 1 fire hydrant •Sewer ≈ 660 feet of pipe, 2 manholes Pa g e 1 3 8 o f 2 2 8 4 “A” Street Sports Complex Pa g e 1 3 9 o f 2 2 8 Summary and Next Steps 5 Pa g e 1 4 0 o f 2 2 8 Summary and Next Steps 6 • The City invested in infrastructure to support future growth. • Reimbursement Agreements allow the City to recover part of the costs from benefitting property owners. • Developer Reimbursement Agreements are executed by the City Manager. • Staff recommends approval of the Resolutions authorizing the City Manager to execute 2 Developer Reimbursement Agreements Pa g e 1 4 1 o f 2 2 8 Questions?Pa g e 1 4 2 o f 2 2 8 Resolution – Broadmoor TIF Irrigation DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF IRRIGATION WATER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establish a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provide that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 143 of 228 Resolution – Broadmoor TIF Irrigation DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Developer Reimbursement Agreement as needed. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 144 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-047ir Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (B) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Exhibit (C) Page 145 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 Beginning at the intersection of Harris Road and Road 108 connecting to the existing 16-inch irrigation main thence heading north within the Road 108 roadway section approximately 3,000-feet to the north side of the intersection of Sandifur Parkway and Road 108. From that intersection the irrigation main continues east within Sandifur Parkway road section approximately 2,700-feet connecting to the existing 16-inch irrigation main within Broadmoor Boulevard. The project includes tee and “x” fixtures as well as main extensions and blow-off assemblies at future intersections and locations where irrigation main extensions have been deemed necessary for further development of the Broadmoor Area. Pipe sizes installed for this project were 16-inches within the Sandifur Parkway road section and 12- inch PVC within the Road 108 road section. The benefitting parcels are being assessed the value of the 12-inch irrigation main installation as this was deemed necessary to serve the Broadmoor Area. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. Page 146 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. received by the City shall be used to reimburse the Water/Sewer Utility fund for the capital improvement. after the expiration of the time prescribed in paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 147 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 148 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A IR R I G A T I O N PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 7. 4 7 % 52 , 7 5 5 . 6 2 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 7. 4 5 % 52 , 5 7 2 . 2 2 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 7. 8 1 % 55 , 1 3 9 . 7 1 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 11 8 8 10 . 2 9 % 72 , 6 2 3 . 0 3 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 50 0 4. 3 3 % 30 , 5 6 5 . 2 5 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 69 9 6. 0 5 % 42 , 7 3 0 . 2 2 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 0 7. 1 0 % 50 , 1 2 7 . 0 0 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 1 6. 3 3 % 44 , 6 8 6 . 3 9 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 8 8 % 27 , 3 8 6 . 4 6 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 1 6. 3 3 % 44 , 6 8 6 . 3 9 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 8. 2 4 % 58 , 1 3 5 . 1 0 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 4 2 11 . 6 2 % 82 , 0 3 7 . 1 2 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 8 6. 3 1 % 44 , 5 0 3 . 0 0 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 6. 7 8 % 47 , 8 6 5 . 1 8 $ TO T A L S : 11 5 4 6 . 0 0 10 0 . 0 0 % 70 5 , 8 1 2 . 6 8 $ 70 5 , 8 1 2 . 6 8 $ BR O A D M O O R I R R I G A T I O N U T I L I T Y AG M N T 2 0 2 3 - 0 4 7 i r Im p r o v e m e n t To t a l F r o n t a g e 11 5 4 6 To t a l C o s t o f I m p r o v e m e n t $7 0 5 , 8 1 2 . 6 8 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : Page 149 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 150 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C IRRIGATION BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER Page 151 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 152 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEM PT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND Page 153 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS Page 154 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A Page 155 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 156 of 228 Resolution – Broadmoor TIF Sewer DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF SANITARY SEWER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, notice of the complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 157 of 228 Resolution – Broadmoor TIF Sewer DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 158 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-046s Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Page 159 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 Beginning approximately 250-feet west of the Sandifur Parkway and Broadmoor Boulevard intersection and heading west along the Sandifur Parkway road section approximately 3,300 linear feet, terminating at the western edge of parcel 115-210-048. Additionally, the project picks up the main extension at the intersection of Sandifur Parkway and Road 108 and heading south within the Road 108 road section approximately 2,900-feet connecting to the existing 30-inch trunk main within Harris Road. The project is installing 12-inch PVC sewer within the Sandifur Parkway section between Broadmoor Boulevard and future Road 105 and 15-inch PVC sewer main between the Road 105 intersection and western parcel line of 115-210-048. Within the Road 108 roadway section, this project is installing 12-inch PVC sewer main. In addition to the sewer main extensions, the project is also installing tee fixtures and extensions with caps at all future locations where sewer main extensions have been deemed necessary for future development. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. Page 160 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. received by the City shall be used to reimburse the Water/Sewer Utility fund for the capital improvement. after the expiration of the time prescribed in paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 161 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 162 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A SE W E R PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 6. 9 7 % 46 , 5 6 7 . 9 9 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 6. 9 5 % 46 , 4 0 6 . 1 1 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 7. 2 8 % 48 , 6 7 2 . 4 5 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 11 8 8 9. 5 9 % 64 , 1 0 5 . 1 8 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 50 0 4. 0 4 % 26 , 9 8 0 . 3 0 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 70 1 5. 6 6 % 37 , 8 2 6 . 3 7 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 9 4 % 39 , 7 1 5 . 0 0 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 9 4 % 39 , 7 1 5 . 0 0 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 3 0 10 . 7 4 % 71 , 7 6 7 . 5 9 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 1 6. 6 3 % 44 , 3 0 1 . 6 5 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 6 2 % 24 , 1 7 4 . 3 4 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 7. 6 8 % 51 , 3 1 6 . 5 2 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 7 5. 8 7 % 39 , 2 2 9 . 3 5 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 6. 3 2 % 42 , 2 5 1 . 1 4 $ 11 5 - 2 1 0 - 0 5 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 39 9 3. 2 2 % 21 , 5 3 0 . 2 8 $ 11 5 - 2 1 0 - 0 5 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 43 8 3. 5 4 % 23 , 6 3 4 . 7 4 $ TO T A L S : 12 3 8 3 10 0 . 0 0 % 66 8 , 1 9 4 . 0 0 $ 66 8 , 1 9 4 . 0 0 $ BR O A D M O O R S E W E R U T I L I T Y AG M N T 2 0 2 3 - 0 4 6 s Im p r o v e m e n t To t a l F r o n t a g e 12 3 8 3 To t a l C o s t o f I m p r o v e m e n t $6 6 8 , 1 9 4 . 0 0 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : Page 163 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 164 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C SEWER BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, Page 165 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT Page 166 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A Page 167 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE Page 168 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD Page 169 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-053 TOWNSHIP 9 RANGE 29 SECTION 07; A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 947.18 FEET; THENCE NORTH 89°57'42" EAST A DISTANCE OF 422.95 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 28.71 FEET, WITH A DELTA ANGLE OF 05°29'00", A CHORD BEARING OF NORTH 87°13'12" EAST, AND A CHORD LENGTH OF 28.70 FEET; THENCE NORTH 84°28'42" EAST A DISTANCE OF 98.20 FEET; THENCE SOUTH 00°00'33" EAST A DISTANCE OF 714.22 FEET; THENCE NORTH 89°59'41" EAST A DISTANCE OF 342.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°59'41 " EAST A DISTANCE OF 394.36 FEET TO THE EAST BOUNDARY OF SAID LOT 7; THENCE SOUTH 00°00'19" EAST ALONG THE EAST BOUNDARY OF SAID LOT 7 AND CONTINUING ALONG THE EAST BOUNDARY OF LOT 17 OF SAID AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION A DISTANCE OF 490.71 FEET TO THE NORTHERLY RIGHT-OF- WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972746; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY DEDICATED Page 170 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 PER SAID DEED AND ALONG THE CONTINUATION TO THE WEST THEREOF DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008, THE FOLLOWING COURSES: THENCE SOUTH 89°59'41" WEST A DISTANCE OF 40.00 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 36.09 FEET; THENCE SOUTH 56°58'06" WEST A DISTANCE OF 64.25 FEET; THENCE SOUTH 39°56'58" WEST A DISTANCE OF 300.48 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 00°00'19" WEST A DISTANCE OF 562.05 FEET TO THE TRUE POINT OF BEGINNING. (LOT 17 PER RS-1986333) 115-210-058 TOWNSHIP 9 RANGE 29 SECTION 7; A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 947.18 FEET; THENCE NORTH 89°57'42" EAST A DISTANCE OF 422.95 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH GP 28.71 FEET, WITH A DELTA ANGLE OF 05°29‘00", A CHORD BEARING OF NORTH 87°13'12" EAST, AND A CHORD LENGTH OF 28.70 FEET; THENCE NORTH 84°28‘42" EAST A DISTANCE OF 98.20 FEET; THENCE SOUTH 00°00'33" EAST A DISTANCE OF 714.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°59'41" EAST A DISTANCE OF 342.86 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 562.05 FEET TO THE NORTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008; THENCE SOUTH 89°56'58" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 255.45 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 750.07 FEET; THENCE ALONG SAID CURVE AND CONTINUING ALONG SAID NORTH RIGHT—OF—WAY, HAVING AN ARC LENGTH OF 179.24 FEET, WITH A DELTA ANGLE OF 13°41'31", A CHORD BEARING OF NORTH 83°12'16"WEST, AND A CHORD LENGTH OF 178.82 FEET; THENCE NORTH 09°27'14" EAST A DISTANCE OF 548.54 FEET TO THE TRUE POINT OF BEGINNING. (LOT 36 OF RS-1986333) Page 171 of 228 Resolution – Broadmoor TIF Water DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF DOMESTIC WATER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of the complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 172 of 228 Resolution – Broadmoor TIF Water DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Developer Reimbursement Agreement as needed. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 173 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-043w Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Page 174 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 This project begins at the southeast corner of parcel 115-210-041 where it intercepts the extension of the existing 24-inch water trunk line, thence heads north 864-feet to the future Sandifur Parkway right-of-way. From there the water main is extended east 1,200-feet to the intersection of Sandifur Parkway and Broadmoor Boulevard and west 1,500 feet to the intersection of Sandifur Parkway and Road 108. From that intersection the water main is extended south 2,900-feet where it dead-ends within the Harris Road and Road 108 to be connected in the future with a main line installed for the same pressure zone. The project also includes the installation of Nineteen (19) fire hydrants, a 12-inch pressure reducing valve and tee extensions with blow-offs for future main extensions throughout the Broadmoor Area. The water main sizes being installed with this project are 12-inch within the Road 108 section and 12-inch and 24- inch within the Sandifur Parkway section. The benefitting parcels are being assessed the value of the 12-inch water main size as this was determined to be required to serve the Broadmoor Area. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities Page 175 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water/Sewer Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. Page 176 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 177 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A W A T E R PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 6. 4 8 % 98 , 7 9 1 . 8 0 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 6. 4 5 % 98 , 4 4 8 . 3 8 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 6. 7 7 % 10 3 , 2 5 6 . 3 2 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 19 7 8 14 . 8 4 % 22 6 , 4 3 1 . 2 6 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 14 9 0 11 . 1 8 % 17 0 , 5 6 7 . 5 3 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 70 1 5. 2 6 % 80 , 2 4 6 . 8 7 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 1 6. 1 6 % 93 , 9 8 3 . 8 6 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 5 2 % 84 , 2 5 3 . 4 9 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 3 6 % 51 , 2 8 4 . 7 4 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 5 2 % 84 , 2 5 3 . 4 9 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 7. 1 4 % 10 8 , 8 6 5 . 5 9 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 3 0 9. 9 8 % 15 2 , 2 5 1 . 5 6 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 7 5. 4 6 % 83 , 2 2 3 . 2 2 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 5. 8 8 % 89 , 6 3 3 . 8 1 $ TO T A L S : 13 3 2 6 10 0 . 0 0 % 1, 5 2 5 , 4 9 1 . 9 2 $ 1, 5 2 5 , 4 9 1 . 9 2 $ AG M N T 2 0 2 3 - 0 4 3 w Im p r o v e m e n t To t a l F r o n t a g e 13 3 2 6 To t a l C o s t o f I m p r o v e m e n t $1 , 5 2 5 , 4 9 1 . 9 2 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : BR O A D M O O R W A T E R U T I L I T Y Page 178 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 179 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C WATER BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER Page 180 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 181 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION Page 182 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION Page 183 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE Page 184 of 228 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 185 of 228 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Brian Cartwright, Division Manager Community & Economic Development SUBJECT: Resolutions - Approving two (2) Developer Reimbursement Agreements for Sports Street “A” the improvements associated utility the with Complex Project (5 minute staff presentation) I. ATTACHMENT(S): Presentation Resolutions Exhibit-Development Reimbursement Agreements II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion/Presentation III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As a condition of development for Parcel #112-462-024, the City of Pasco— acting in the capacity of developer—was required to construct utility improvements that would also benefit adjacent properties. To recover the proportionate share of costs associated with this benefit, the City submitted Latecomer’s applications for two separate utility systems: water and sewer. City the Project, Complex Sports part “A” the of installed As Street approximately 462 linear feet of 12-inch water main and 660 linear feet of 8- inch sewer main within the South Elm Street right-of-way. These improvements fulfilled the City’s “to and through” utility extension requirements for the Sports Complex and also extended service to three neighboring parcels—two on the west side of South Elm Street and one on the east. Construction of the improvements has been completed and formally accepted Page 186 of 228 by the City. The final construction costs were submitted by the City (as Developer), reviewed by City staff (as Administrator), and found to be accurate and consistent with the completed work. V. DISCUSSION: RCW 35.91 authorizes municipalities to enter into reimbursement contracts with property owners who construct water or sewer facilities at their own expense. This law allows developers to recover a proportionate share of costs from other property owners who later benefit from the infrastructure. Under RCW 35.91.020, municipalities may also exercise these reimbursement rights when acting as developers themselves. Pasco Municipal Code (PMC) Chapter 14.25 codifies this authority and outlines the reimbursement developer (latecomer) for procedures establishing private agreements. While these agreements are typically initiated by developers, PMC 14.25.070 explicitly authorizes the City to do the same when utility improvements are constructed to support future development. In this case, the City initiated latecomer agreements for utility improvements completed as While Project. Complex Sports the “A” the of part Street infrastructure serves City-owned property, it also benefits nearby privately owned parcels. The benefit area and cost allocations have been evaluated and verified in accordance with all applicable statutory and code requirements. All noticing and procedural steps required under RCW 35.91 and PMC 14.25 have been satisfied. Staff Developer recommends that City Council approve the final Reimbursement Agreements for the water and sewer improvements associated with the “A” Street Sports Complex Project. Upon approval, the agreements will be executed by the City Manager in accordance with PMC Chapter 14.25. Page 187 of 228 June 9, 2025 Pasco City Council Workshop Pa g e 1 8 8 o f 2 2 8 City Initiated Developer Reimbursement Agreements –Broadmoor TIF Area Utility June 9, 2025 Pasco City Council Pa g e 1 8 9 o f 2 2 8 General Information 3 Pa g e 1 9 0 o f 2 2 8 What is a Developer’s Reimbursement agreement? 4 • When a developer builds a public utility that benefits others at their own expense, they can be reimbursed. • Per PMC 14.25.070, the City can act as a developer when we build utilities to support future growth. • Benefitting property owners help repay the cost of the initial investment. Pa g e 1 9 1 o f 2 2 8 Legal Framework 5 • RCW.91: State law allows reimbursement of cost for utility improvements. • PMC 14.25: Pasco’s local code that follows state law. • These rules ensure that costs are shared fairly among those who benefit. Pa g e 1 9 2 o f 2 2 8 Broadmoor TIF Area Utility - Developer Reimbursement Agreement 6 Pa g e 1 9 3 o f 2 2 8 Broadmoor TIF Area Utility Package 7 • The City built water, sewer, and irrigation improvements along Sandifur Parkway and Road 108. • These improvements support future private development-not City-owned property. •Utilities built: •Water ≈ 8,300 LF pipe, 19 fire hydrants, 1 pressure reducing station •Sewer ≈ 7,075 feet of pipe, 23 manholes •Irrigation ≈ 6,175 feet of pipe, 10 service connections Pa g e 1 9 4 o f 2 2 8 Broadmoor TIF Area Utility Package 8 Pa g e 1 9 5 o f 2 2 8 Summary and Next Steps 9 Pa g e 1 9 6 o f 2 2 8 Summary and Next Steps 10 • The City invested in infrastructure to support future growth. • Reimbursement Agreements allow the City to recover part of the costs from benefitting property owners. • Developer Reimbursement Agreements are executed by the City Manager. • Staff recommends approval of the Resolutions authorizing the City Manager to execute 3 Developer Reimbursement Agreements Pa g e 1 9 7 o f 2 2 8 Questions?Pa g e 1 9 8 o f 2 2 8 Resolution - A Street Sports Complex – Sewer DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF SANITARY SEWER UTILITY IMPROVEMENTS FOR “A” STREET SPORTS COMPLEX PROJECT. WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of the complete application was provided to the applicant on February 21, 2024; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on March 6, 2024, and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, irrigation, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 have been met; and Page 199 of 228 Resolution - A Street Sports Complex – Sewer DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 200 of 228 A Street Sports Complex Developer Services Agreement FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-040s Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 – A STREET SPORTS COMPLEX THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the A Street Sports Complex Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the A Street Sports Complex Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The A Street Sports Complex Project will: Page 201 of 228 A Street Sports Complex Developer Services Agreement The installation of 660-linear feet of 8-inch Polyvinyl Chloride (PVC) sewer main within the S. Elm Avenue right-of-way. The installation began at the north side of the intersection of S. Elm Avenue and E. A Street and headed south 660 feet just past the southern property boundary of Parcel 112-162-024 The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit (A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the REET Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 202 of 228 A Street Sports Complex Developer Services Agreement 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk Page 203 of 228 A Street Sports Complex Developer Services Agreement APPROVED AS TO FORM: Kerr Ferguson Law, PLLC - City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 204 of 228 A Street Sports Complex Developer Services Agreement 8" S e w e r P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d ua l Pa r c e l Fr o n t a g e [F T ] ) / ( T o ta l Pa r c e l Fr o n t a g e [ F T ] ) ] Al l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 2 - 4 6 2 - 0 2 4 CI T Y O F P A S C O 45 8 . 0 0 $ 52 . 6 % 18 , 4 2 5 . 2 9 $ 11 2 - 4 8 0 - 0 1 7 SN A K E R I V E R A G R I C U L T U R E L L C 30 0 . 0 0 $ 34 . 5 % 12 , 0 6 8 . 9 7 $ 11 2 - 4 6 2 - 0 6 9 CI T Y O F P A S C O 11 2 . 0 0 $ 12 . 9 % 4, 5 0 5 . 7 5 $ TO T A L S : 87 0 . 0 0 10 0 . 0 0 % 35 , 0 0 0 . 0 0 $ 35 , 0 0 0 . 0 0 $ Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : To t a l E s t i m a t e d C o s t o f I m p r o v e m e n t $3 5 , 0 0 0 . 0 0 Be n e f i t A r e a To t a l F r o n t a g e 87 0 A S T R E E T S P O R T S S E W E R U T I L I T Y EXHIBIT A AG R M T 2 0 2 3 - 0 4 0 s Im p r o v e m e n t Page 205 of 228 A Street Sports Complex Developer Services Agreement EXHIBIT B Page 206 of 228 A Street Sports Complex Developer Services Agreement EXHIBIT C BENEFITTING PARCELS 112-462-024 ALL BLOCKS 1 & 2, ELLIOTT'S ADDITION TOGETHER WITH ALL BLOCKS 1, 2, 3 & 4 WILLETTAS ADDITION INCLUDING ALL VACATED STREETS AND ALLEYS 112-480-017 BINDING SITE PLAN 2023-02 LOT 3 112-462-069 WILLETTA'S ADD BLOCKS 7 & 8 Page 207 of 228 Resolution – A Street Sports Complex – Water DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF DOMESTIC WATER UTILITY IMPROVEMENTS FOR “A” STREET SPORTS COMPLEX PROJECT. WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, notice of complete application was provided to the applicant on February 21, 2024; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on March 6, 2024 and did not receive in writing a request for a hearing before council; and WHEREAS, utility system improvements include infrastructure projects related to City water, irrigation, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 208 of 228 Resolution – A Street Sports Complex – Water DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b) of the PMC; and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. 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 _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 209 of 228 A Street Sports Complex Developer Services Agreement FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-039 w Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 – A STREET SPORTS COMPLEX THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the A Street Sports Complex Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the A Street Sports Complex Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The A Street Sports Complex Project will: Page 210 of 228 A Street Sports Complex Developer Services Agreement The installation of 462-linear feet of 12-inch ductile iron water main within the S. Elm Avenue right-of-way. The installation began at the intersection of S. Elm Avenue and E. A Street and headed south 462-feet just past the southern property boundary of Parcel 112-162-024. The benefitting parcels are only being assessed the value of an 8-inch main and fittings. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit (A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the REET Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 211 of 228 A Street Sports Complex Developer Services Agreement 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO, WASHINGTON Dave Zabell – Interim City Manager ATTEST: Debra C. Barham, MMC - City Clerk Page 212 of 228 A Street Sports Complex Developer Services Agreement APPROVED AS TO FORM: Kerr Ferguson Law, PLLC - City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 213 of 228 A Street Sports Complex Developer Services Agreement 8" W a t e r P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f C o s t [% ] = [ ( I n d i v i d u a l Pa r c e l F r o n t a g e [F T ] ) / ( T o t a l P a r c e l Fr o n t a g e [ F T ] ) ] Al l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 2 - 4 6 2 - 0 2 4 C I T Y O F P A S C O 45 8 . 0 0 39 . 0 % 23 , 4 0 2 . 1 7 $ 11 2 - 4 8 0 - 0 1 7 SN A K E R I V E R A G R I C U L T U R E L L C 30 0 . 0 0 25 . 5 % 15 , 3 2 8 . 9 3 $ 11 2 - 4 6 2 - 0 6 9 CI T Y O F P A S C O 13 8 . 7 5 11 . 8 % 7, 0 8 9 . 6 3 $ 11 2 - 4 8 0 - 0 1 4 GR O W B O U N T I N O R T H W E S T L L C 27 7 . 5 0 23 . 6 % 14 , 1 7 9 . 2 6 $ TO T A L S : 11 7 4 . 2 5 10 0 . 0 0 % 60 , 0 0 0 . 0 0 $ 60 , 0 0 0 . 0 0 $ A S T R E E T S P O R T S W A T E R U T I L I T Y EXHIBIT A AG R M T 2 0 2 3 - 0 3 9 w Im p r o v e m e n t To t a l F r o n t a g e 11 7 4 . 2 5 To t a l E s t i m a t e d C o s t o f I m p r o v e m e n t $6 0 , 0 0 0 . 0 0 LA T E C O M E R A M O U N T : Be n e f i t A r e a Pa r c e l # , O w n e r Page 214 of 228 A Street Sports Complex Developer Services Agreement EXHIBIT B Page 215 of 228 A Street Sports Complex Developer Services Agreement EXHIBIT C BENEFITTING PARCELS 112-462-024 ALL BLOCKS 1 & 2, ELLIOTT'S ADDITION TOGETHER WITH ALL BLOCKS 1, 2, 3 & 4 WILLETTAS ADDITION INCLUDING ALL VACATED STREETS AND ALLEYS 112-480-017 BINDING SITE PLAN 2023-02 LOT 3 112-480-014 THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY. WASHINGTON. EXCEPTING THEREFROM, THAT PART THEREOF LYING SOUTHWESTERLY OF A LINE DISTANCE 200 FEET NORTHEASTERLY FROM AND PARALLELING THE CENTER LINE OF THE MAIN TRACK OF THE RAILROAD OF THE NORTHERN PACIFIC RAILWAY COMPANY AS ESTABLISHED ON MAY2, 1947, OVER AND ACROSS SAID PREMISES. MD ALSO EXCEPT THE NORTH 340.00 FEET THEREOF. 112-462-069 WILLETTA'S ADD BLOCKS 7 & 8 Page 216 of 228 AGENDA REPORT FOR: City Council June 3, 2025 TO: Dave Zabell, Interim City Manager City Council Workshop Meeting: 6/9/25 FROM: Griselda Garcia, Interim Director Finance SUBJECT: General Fund Monthly Report - April 2025 (2 minute staff report) I. ATTACHMENT(S): April General Fund Summary and Detailed Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the monthly General Fund financial update through April 2025, the City's major governmental fund. Due to the reporting and receipt of revenues such as sales taxes, where the State distributes in this case the local share of January 2025 tax receipts in March, and the City's own accounting of expenditures during the latter part of the reporting period, the General Fund report reflects information as much as couple of months behind actuals. April tax sales tax receipts are for January 2025 consumer activity. Nonetheless, taken over time the monthly report provides the reader a reasonably solid view of City finances and the ability to identify trends. The quarterly report provides a higher level actuals with respect to actuals, and the Annual Report exact numbers with respect to revenues and expenditures. V. DISCUSSION: As of the end of April, elapsed time for budget is 17%. This is a linear metric that does not always align with City's non-labor costs and revenue. For example, on the revenue side property taxes are distributed to the City in April Page 217 of 228 and October, on the expenditure side, the City's liability insurance premium is paid in one installment in January, supplies and services are charged as they are received. Overall, revenues typically follow cyclical patterns, while many expenditures—such as salaries—remain consistent throughout the year. This report presents financial data as of a specific point in time and should not be interpreted as a forecast for year-end results. At this time, Staff does not expect any significant variance from the adopted budget for General Fund. A list of contracts over $100,000 and under $300,000 executed administratively in the month of April, as well as donations made to the City during the same period are included in the report. Page 218 of 228 Expenses as of end of April Monthly General Fund Report April 2025 Financial Highlights The intent of this report is to provide an overview of activity in the City's General Fund through April 30, 2025. This is a snapshot in time, projections and analysis for decision making will prove valuable further in the year as data is collected. Where it came from: Where it went: Page 219 of 228 Budget to Actuals (Elapsed Time: 17%) Operational Category 2025-2026 Adopted Budget 2025 Actuals 2025 Encumbrance % Actuals to Budget Expense 169,209,410 22,772,985 3,509,302 13% Operational Capital 646,643 318,300 78,275 49% Debt Interest 7,082,921 - - 0% Debt Principal 3,896,450 - - 0% Personnel Benefits 23,181,518 3,315,950 - 14% Salaries and Wages 67,851,635 8,917,507 - 13% Overtime 3,407,711 368,939 - 11% Services 50,100,511 8,705,691 3,238,064 17% Supplies 7,267,021 433,097 192,963 6% Transfers Out-Subsidy 2,875,000 289,464 - 10% Transfers Out-UT Taxes to Streets 2,900,000 424,037 - 15% Revenue 158,674,724 22,131,756 - 14% Charges for Goods and Services 21,194,237 2,373,371 - 11% Fine and Penalties 2,440,300 487,156 - 20% Intergovernmental 7,519,082 1,260,358 - 17% Licenses & Permits 6,584,940 872,080 - 13% Miscellaneous 4,495,862 474,276 - 11% Investment Income 1,128,804 382,026 34% Taxes 114,384,039 16,058,039 - 14% Transfer In - Subsidy 295,000 91,504 31% Transfer In-Grants 632,460 132,947 21% Net Impact (10,534,686) (641,229) Capital / Non-Operational Category 2025-2026 Adopted Budget 2025 Actuals 2025 Encumbrance % Actuals to Budget Expense 2,662,000 1,086,580 - 41% Transfer Out - CIP 2,662,000 1,086,580 - 41% Revenue - 760,722 - 0% Sale of assets - 760,722 - 0% Net Impact (2,662,000) (325,858) Revenues As of the end of April—approximately 17% into the biennium—General Fund revenues totaled 14% of the budget, which is reasonable given the cyclical nature of revenue collections. Operating expenditures exceeded revenues during the reporting period, resulting in a net loss of $641,229. While this Page 220 of 228 reflects a deficit, it is a marked improvement from the $1.9 million loss reported at the end of March. Key revenue sources, such as gambling and admission taxes, are received quarterly and can temporarily affect cash flow. Additionally, property tax payments occur biannually in April and October. The reduced shortfall is largely attributed to the April receipt of property taxes and the catch-up of interdepartmental service charges. In response to inflation-driven increases in service contract costs, the City has taken proactive steps to manage liquidity and optimize investment timing. As a result, the General Fund earned $382,026 in interest income during the reporting period—34% of the biennial budget for this revenue category. Tax Type 2025 YTD 2024 YTD Sales Tax 8,779,929 8,592,258 Property Tax 2,872,785 2,516,928 Utility Tax 4,041,602 3,654,472 Gambling, Admission, Leasehold 363,723 364,272 Total Taxes 16,058,039 15,127,929 The table above reflects tax revenue received thru end of April for 2025 and 2024 for comparison purposes. During the first quarter, taxes made up 70% of total revenue received. As seen in the table, sales tax makes up the majority of that revenue. The sales tax rate is 8.9%. The City receives a share of regular sales tax, criminal justice and public safety which are distributed by the State and Franklin County. Growth in the commercial base of the City is providing residents the opportunity to spend their income within the community. Further, the Destination Sales Tax State rule coupled with increase in online retail has contributed to steady growth in sales tax revenue. Further, factors such as a mild winter impact revenues such as Utility Taxes. The bulk of revenues from property tax are received in two installments as the deadlines for timely payment are April 30th and October 31st of each Page 221 of 228 year. While the City received a small amount of payments for property taxes thus far, all were for 2024 tax levy or prior. Permits Permit Type YTD 2025 Count YTD 2025 Value YTD 2024 Count YTD 2024 Value Commercial 131 46,655,851 165 92,897,210 Industrial 21 12,948,075 21 93,886,487 Residential (Incl. mobile homes) 540 37,491,939 687 53,046,740 Total 692 97,095,865 873 239,830,438 A variety of economic factors influence the overall health of the community and, by extension, the vitality of the General Fund. One key indicator is permitting activity, which reflects both the growth and desirability of the community, as well as contributes to building-related sales tax revenue. Permitting activity has begun the year at a slower pace, which may be attributed to broader external influences. The City has historically benefited from at least one large scale construction project such as a school or large industrial or commercial project, this has not been the case this year. Additionally, seasonal factors such as weather conditions can also affect the timing and volume of permit issuance. Staff will continue to monitor permitting trends closely and provide updates as conditions evolve to ensure timely awareness of potential impacts on revenue forecasts. Donations The recreation department actively pursues donations or sponsorships for community events. Within the month of April, the department was successful in receiving $20,688 in donations, totaling $64,183 of donations Page 222 of 228 received within first quarter. The following table summarizes the donations received this month. Purpose Donor Amount YOUTH SCHOLARSHIPS DC VENDING 938 CINCO DE MAYO MCCURLEY MAZDA 2,500 CINCO DE MAYO LES SCHWAB 5,000 CINCO DE MAYO THE PASCO ECONOMIC DEVELOPMENT PROJECT 2,500 CINCO DE MAYO UFCW3000 1,000 RECREATION-MISC. FLYNN BEC, LP 1,000 FREE FAMILY SWIM SPONSORSHIP SECURE COURT SOLUTIONS 250 CINCO DE MAYO THE PASCO ECONOMIC DEVELOPMENT PROJECT 7,500 Total Donations 20,688 Expenditures As of the end of April, 17% of the total Services budget has been expended, aligning with the 17% of time elapsed in the biennium. Major costs to date include the library contract and Police Department services such as vehicle leases, the body-worn camera contract, and dispatch services. Overtime costs across all General Fund departments totaled $368,939 for the reporting period. Of this, 99% was incurred by the Police and Fire divisions under the Public Safety function, reflecting the essential and often unpredictable nature of 24/7 emergency operations. While overtime expenditures have declined compared to previous years—a positive trend— they remain a significant cost. Increases are expected in the coming months due to seasonal demands and scheduled absences. Continued monitoring and evaluation will be key to managing this expenditure effectively. 3-Year Trend Overtime Jan-Apr. 2023 Jan-Apr. 2024 Jan-Apr. 2025 740,411 661,136 368,939 Page 223 of 228 Contracts between $100,000 and $300,000 During April, staff entered into the following contracts. Purpose Contractor/Vendor Amount Energy Resilience and Electrical Study ScottMadden, Inc 140,000 Page 224 of 228 70% 3% 4%10% General Fund Report April 2025 A monthly snapshot of Pasco’s General Fund through April 30, 2025 2025 F I N A N I C A L S U M M A R Y A T A G L A N C E Net Position: -$641,229 (improvement from -$1.9M in March) Revenue Sources: 70% from taxes Services Budget Used: 17% (aligned with time elapsed; major costs include library, police vehicle leases, body-worn camera contracts, and dispatch services) Overtime Budget Used: 11% (99% from Police and Fire under Public Safety; trending down vs. prior years) Encumbered Funds: $1,305,654 (reserved for future expenses) W H E R E R E V E N U E C A M E F R O M Parks & Rec Sponsorships Received (April)$20,688 Taxes Transfer & Investment Interest Licenses & Permits Charges for Goods & Services 2% 3% Fines & Penalties Capital Asset Sale In April, taxes made up 70% of total General Fund revenue, with the majority generated from an 8.9% sales tax. The City receives allocations from regular sales tax, criminal justice, and public safety funds, distributed by the State and Franklin County. Continued growth in the City’s commercial sector supports local spending, while the Destination Sales Tax rule and increased online retail activity have contributed to stable sales tax growth. The first major installment of property tax payments was due April 30th, reducing the prior revenue shortfall and improving cash flow. Other key revenue sources, such as gambling and admission taxes, are received quarterly and can affect timing of collections. Tax Type 2025 YTD 2024 YTD Sales $8,779,929 $8,592,258 Property $2,872,785 $2,516,928 Utility $4,041,602 $3,654,472 Gambling, Admission, Leasehold $363,723 $364,272 8% Misc. & IntergovernmentalPage 225 of 228 3%5%31% A variety of economic factors influence the overall health of the community and, by extension, the vitality of the General Fund. One key indicator is permitting activity, which reflects both the growth and desirability of the community, as well as contributes to building-related sales tax revenue. Permitting activity has begun the year at a slower pace, which may be attributed to broader external influences. Additionally, seasonal factors such as weather conditions can also affect the timing and volume of permit issuance. We are concerned about ability to meet budgeted revenue targets in this area and will continue to monitor permitting trends closely and provide updates as conditions evolve to ensure timely awareness of potential impacts on revenue forecasts. 5%6% Residential 74.4% Commercial 22.7% Industrial 2.9% Permit Type YTD 2025 Count YTD 2025 Value YTD 2024 Count YTD 2024 Value Commercial 131 $46,655,851 165 $92,897,210 Industrial 21 $12,948,075 21 $93,886,487 Residential (incl. mobile homes) 540 $37,491,939 687 $53,046,740 OVERVIEW Transportation Transfers Public Safety CONTRACTS PERMIT TRENDS Contracts Executed KEY HIGHLIGHTS Bottom line improved from prior month by approximately $1.3M. Some expenditures are paid early in the year (e.g., insurance) This report reflects a point-in-time snapshot—not final outcomes These insights guide decision-making throughout the biennium Energy Resilience and Electrical Study Vendor: ScottMadden, Inc Amount: $140,000 Natural & Economic Cultural & Community During the reporting period, operating expenditures exceeded operating revenues, resulting in a net loss of $641,229. It is important to recognize that revenue and expenditure timing does not always align, especially early in the biennium. Several key revenue sources—such as gambling and admission taxes—are received quarterly, which can temporarily impact the General Fund’s cash flow. Additionally, property taxes are received in two large installments, with the first due at the end of April. This April property tax collection as well as healthy sales tax revenue helped reduce the prior month’s deficit of $1.9 million. Further, proactive cash flow monitoring and investing resulted in $382,026 year-to-date in investment income. By the end of April, approximately 17% of the biennium had elapsed. Total General Fund revenues reached 14% of budget, which is reasonable given cyclical revenue patterns. Charges for Services revenue was at 11% of budget, showing improvement compared to March. This category includes interdepartmental engineering services, which are billed in April for the first quarter and monthly thereafter. Since this activity represents 33% of the budgeted Charges for Services, the earlier lag in revenue recognition is expected to stabilize in the second quarter. While many revenues fluctuate with the calendar, expenditures—such as salaries and contracts—remain relatively steady. Overtime costs totaled $368,939, with 99% incurred by the Police and Fire divisions under the Public Safety function. This reflects the essential and often unpredictable nature of emergency services, where 24/7 operations require consistent staffing. Although overtime has decreased compared to the same period in previous years, it remains a significant cost. With seasonal factors and planned absences ahead, overtime spending is expected to rise. Ongoing monitoring and evaluation will be necessary to manage this expenditure effectively and maintain progress. PERMITS 51% General Government Page 226 of 228 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 227 of 228 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 228 of 228