HomeMy WebLinkAbout2025.07.21 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, July 21, 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 meeting.
To listen to the meeting via phone, call 1-332-249-0718 and use access
code 418 173 885#.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
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. EXECUTIVE SESSION
(a) To Evaluate the Qualifications of an Applicant for Public
Employment per RCW 42.30.110(1)(g) (10 minutes)
Page 1 of 107
5. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by
Councilmembers, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 18 (a) Approval of Meeting Minutes for July 7th July 13th and July 14th
To approve the minutes of the Pasco City Council Regular Meeting
held on July 7, 2025, Special Meeting held on July 13, 2025, and
Special Meeting & Regular Workshop held on July 14, 2025.
19 - 22 (b) Bills and Communications - Approving Claims in the Total
Amount of $5,573,220.55 and Wriite-off Totaling $754,338.31
(delinquent bad debt)
To approve claims in the total amount of $5,573,220.55
($3,681,719.76 in Check Nos. 272545 - 272760; $595,605.97 in
Electronic Transfer Nos. 850434, 850529 - 850531, 850533 - 850538;
$17,527.69 in Check Nos. 54991 - 55009; $1,278,367.13 in
Electronic Transfer Nos. 30228014 - 30228699).
To approve bad debt write-off for accounts receivable including Utility
Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous
Accounts in the total amount of $754,338.31 and, of that amount,
authorize $754,338.31 to be turned over for collection.
23 - 32 (c) Resolution No. 4622 - Loni & Luis Montes Lease Agreement
Portion of Parcel No. 112330255
To approve Resolution No. 4622, authorizing the City Manger to
Execute a 3-year lease agreement between Loni & Luis Montes and
the City of Pasco, for open land located behind 1900 West A Street,
Pasco, WA.
33 - 35 (d) Resolution No. 4623 - Awarding Bid No. 23506 for the A Street
and 6th Avenue Pedestrian Crossing Improvements Project to
Ellison Earthworks, LLC
To approve Resolution No. 4623, awarding Bid No. 23506 for A
Street and 6th Avenue Pedestrian Crossing Improvements Project to
Ellison Earthworks, LLC. of Richland, Washington.
36 - 40 (e) *Tri-City Regional Hotel/Motel Commission Reappointment of
Monica Hammerberg
To confirm the reappointment of Monica Hammerberg (Hampton Inn
& Suites, Pasco) to the Tri-City Regional Hotel/Motel Commission for
a two-year term commencing on September 1, 2025, and ending
August 31, 2027.
Page 2 of 107
(RC) MOTION: I move to approve the Consent Agenda as read.
6. PROCLAMATIONS AND ACKNOWLEDGEMENTS
(a) Recognition of Hadley Bleazard for Community Service (Mayor
Serrano)
7. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
allow the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
8. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
41 - 50 (b) General Fund Monthly Report - May 2025 (2 minute staff
presentation)
9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
51 - 57 (a) Resolution No. 4624 - Interlocal Agreement with Franklin County
for Solid Waste Comprehensive Management Plan (5 minute
staff presenation)
MOTION: I move to approve Resolution No. 4624, authorizing the
Interim City Manager to execute the Interlocal Agreement with the
Franklin County and the City of Pasco for the Solid Waste
Comprehensive Management Plan.
58 - 103 (b) Resolution No. 4625 - Boys and Girls Clubs of Benton & Franklin
Counties Lease (5 minute staff presentation)
MOTION: I move to approve Resolution No. 4625, authorizing the
Interim City Manager to sign and execute the Leasehold Deed of
Page 3 of 107
Trust and Restrictive Covenant for Contract No. 24-96647-200.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
104 - 105 (a) Resolution No. 4626 - Approving the Employment Agreement for
the position of City Manager (2 minute staff presentation)
MOTION: I move to approve Resolution No. 4626, approving the
Employment Agreement for the position of City Manager.
13. MISCELLANEOUS DISCUSSION
14. EXECUTIVE SESSION
(a) Discussion with Legal Counsel About Current or Potential
Litigation per RCW 42.30.110(1)(i) (10 minutes)
15. ADJOURNMENT
16. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
106 - 107 (b) Adopted Council Goals (Reference Only)
(c) This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
City Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 4 of 107
AGENDA REPORT
FOR: City Council July 16, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for July 7th July 13th and July 14th
I. ATTACHMENT(S):
7.7.2025 , 7.13.2025, and 7.14.2025 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
July 7, 2025, Special Meeting held on July 13, 2025, and Special Meeting &
Regular Workshop held on July 14, 2025.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 107
MINUTES
City Council Regular Meeting
7:00 PM - Monday, July 7, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by David Milne, Mayor Pro Tem.
ROLL CALL
Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles
Grimm, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: Pete Serrano and Peter Harpster
Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City
Manager; Angela Pashon, Assistant City Manager; Kevin Crowley, Fire Chief; Eric
Ferguson, City Attorney; Haylie Miller, Community & Economic Development
Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria
Serra, Public Works Director; and Krystle Shanks, Deputy City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for June 9th, 16th, 23rd and June 30th
To approve the minutes of the Pasco City Council Regular Workshop held on
June 9, 2025; Regular Meeting held on June 16, 2025; Special Meeting and
Regular Workshop held on June 23, 2025; and Special Meeting and Special
Workshop held on June 30, 2025.
Bills and Communications - Approving Claims in the Total Amount of
$8,419,368.36
To approve claims in the total amount of $8,419,368.36 ($4,495,211.76 in Check
Nos. 272121 - 272544; $1,368,924.65 in Electronic Transfer Nos. 850178 -
Page 1 of 6Page 6 of 107
850247, 850261, 850270 - 850427; $25,128.92 in Check Nos. 54957 - 54990;
$2,530,100.53 in Electronic Transfer Nos. 30226676 - 30228013;$2.50 in
Electronic Transfer No. 1023).
Resolution No. 4620 - Acceptance of Work for MLB Required Improvements
at GESA Stadium - Dugout Bench Additions (Phase 1-B)
To approve Resolution No. 4620, accepting work performed by CMR General
Contractor LLC, under contract for Minor League Baseball Required
Improvements at GESA Stadium Dugout Bench Additions (Phase 1-B) Project.
Code Enforcement Board Reappointments of Dwayne Speer and Daniel
Gottschalk
To confirm Mayor Serrano's reappointments of Dwayne Speer and Daniel
Gottschalk to Positions Nos. 1 & 2 respectively, through January 1, 2029, on the
Code Enforcement Board.
HAPO Center Advisory Board Reappointment of Jennifer Kuklinski
To confirm Mayor Serrano's reappointment of Jennifer Kuklinski to the HAPO
Center Advisory Board with a term through July 15, 2028.
Historic Preservation Commission Appointment of Jay Hendler and
Reappointment of Devi Tate
To confirm Mayor Serrano's appointment of Jay Hendler to Position No. 4, from
July 7, 2025 to August 1, 2027, and reappointment of Devi Tate to Position No. 5,
with term expiring on August 1, 2028, on the Historic Preservation Commission.
Housing Authority of the City of Pasco & Franklin County Board of
Commissioners Reappointment of Paul Cook
To reappoint Paul Cook to the Housing Authority Board of Commissioners under
Position No. 4 through January 28, 2030.
Parks & Recreation Advisory Board Reappointments of John Morgan and
Mark Middleton
To confirm Mayor Serrano's reappointments of John Morgan and Mark Middleton
to Position No. 4 and Position No. 6 respectively through February 2, 2028.
Pasco Public Facilities District Board Reappointment of Spencer Jilek
To confirm the reappointment of Spencer Jilek to Position No. 3 on the Pasco
Public Facilities District Board with the term expiring on July 14, 2029.
Planning Commission Appointments of Rob Waites & Austin Crawford and
Reappointment of Dana Crutchfield
Page 2 of 6Page 7 of 107
To confirm Mayor Serrano's appointments of Rob Waites to Position No. 5, with
the term expiring February 2, 2031, and Austin Crawford to Position No. 2, with
the term expiring on February 2, 2028, and, reappointment of Dana Crutchfield to
Position No. 6, with the term expiring on February 2, 2031, on the Planning
Commission.
MOTION: Councilmember Perales moved, seconded by Councilmember
Blasdel to approve the Consent Agenda as read.
RESULT: Motion carried unanimously by Roll Call vote. 5-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Harpster
PUBLIC COMMENTS
Amber Waid, Pasco resident, read an excerpt from a story that related to ongoing
water pressure issues at Sands Mobile Home Park.
Mary Mahoney, Pasco resident, commented on the following topics: City development
and overcrowding, Capital Improvements Plan (CIP) funds, payments to Kerr Law
Group, GMP Consultants, Matt Watkins/Watkins Endeavor LLC, financial
transparency at the Pasco Aquatic Center, a low-barrier homeless shelter, and a low-
cost spay/neuter clinic. She also commented about floodplain violations and eagle
deaths, Local Improvement District (LID) design and costs, harassment and retaliation
on her and her property and legal and ethical concerns over Tri-Cities Animal Control,
Washington State University (WSU) contracts.
Laurie Thompson, Pasco resident, spoke on the illegal aerial fireworks situation in
Pasco every 4th of July.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Blasdel reported on the Pasco Police Foundation fundraiser, the Grand Old
Fourth parade, the classic car show, and participating in a police ride-along. She
highlighted the strong community turnout, the success of the events, and praised
the Police and Fire Departments for their hard work amid a high volume of calls.
Mr. Perales reported on the parade and festivities, commending City staff for their
professionalism and noting the events' continued improvement.
Mayor Pro Tem Milne reported on the Car Show and thanked the staff member
who wrote his speech. He also commented on the Grand Old 4th of July Parade
and did a Police ride-along, noting numerous disturbances including intoxication,
reckless driving and illegal fireworks.
Page 3 of 6Page 8 of 107
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
*Q Ordinance No. 4779 - Diaz Rezone from C-1 to MU (Z2025-004)
Mr. Ferguson read the quasi-judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from Councilmembers, he
asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one cam forward.
Ms. Miller provided a brief report on the proposed Diaz rezone from C-1 to Mixed-
Use zoning and answered questions from Council.
MOTION: Councilmember Perales moved, seconded by Councilmember
Blasdel to adopt Ordinance No. 4779, amending the Zoning Classification of
certain real property located near the corner of West Sylvester Street and
North 20th Avenue in Pasco, Washington, from C-1, Retail Business to MU,
Mixed-Use, and, further, authorize publication by summary only.
RESULT: Motion carried 5-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Harpster
*Resolution No. 4621 - Setting Time and Date for a Public Hearing for an
Easement Vacation for Big Sky Developers, LLC
Ms. Miller provided a brief report on the proposed resolution setting the time and
date for a public hearing for an easement vacation.
MOTION: Councilmember Perales moved, seconded by Councilmember
Blasdel to approve Resolution No. 4621, setting 7:00 p.m., Monday August 18,
2025, as the time and date for a public hearing to consider the vacation of the
eastern three feet of the easement established by Auditor’s File Number (AFN)
487139, originally granted by the Northern Pacific Railway Company in Pasco,
Washington, and a waiver of the requirements for a title report, appraisal of
value and compensation.
RESULT: Motion carried 5-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm, and
Councilmember Perales
ABSENT: Mayor Serrano and Councilmember Harpster
Page 4 of 6Page 9 of 107
UNFINISHED BUSINESS
City Manager Finalist Interview Process
Mr. Zabell provided a brief overview on the interview process for the City Manager
finalists, noting the following proposed actions:
Tour of the City with the finalists
Executive Meet and Greet with Council
Public Reception Meet and Greet
Panel Interviews
Council Executive Session to Discuss Candidate Qualifications
Council Action/Recommendation
Staff was seeking input from Council to finalize the interview panels, whether they
wanted Option A, two panels (Panel 1 - City Council and Panel 2 - Senior Staff) or
Option B, three panels (Panel 1 - City Council, Panel 2 - Directors and Panel 3 -
Stakeholder Group).
Council discussion ensued, with Councilmembers noting time constraints, which
Community Stakeholders would be included or left out, and whether the
Stakeholder Group would or would not provide added value to the interview
process.
MOTION: Councilmember Perales moved, seconded by Councilmember
Grimm to approve Option A for the City Manager finalist interview process.
RESULT: Motion carried by Roll Call vote 3-2
AYES: Mayor Pro Tem Milne, Councilmember Grimm, and
Councilmember Perales
NAYS: Councilmember Barajas and Councilmember Blasdel
ABSENT: Mayor Serrano and Councilmember Harpster
MISCELLANEOUS DISCUSSION
Mr. Perales asked for Council's consideration of reviewing the City’s right-of-way
vacation policy, which he believes would support infill development and increase the
property tax base. He requested that staff analyze the policy and provide the pros and
cons for future discussion. There was general agreement to revisit the topic when the
full Council is present.
Ms. Barajas asked staff to provide a comparison of fireworks-related data from the
years when the ban was in place versus the years without a ban.
Chief Roske gave a brief presentation on the Police Department’s Fourth of July
weekend operations, highlighting staffing levels, call locations, and types of calls. He
Page 5 of 6Page 10 of 107
answered questions from the Council.
Chief Crowley provided a brief presentation on the Fire Department’s Fourth of July
response, focusing on the Regional Incident Action Plan (IAP), coordination with the
Southeast Communications Center (SECOMM), staffing, and call types. He also
answered questions from the Council.
Ms. Barajas requested that both PowerPoint presentations be emailed to Council
members.
Mr. Grimm thanked Police and Fire personnel for their efforts and reassured the
public that both Council and staff take fireworks-related concerns seriously.
Ms. Blasdel shared her experience from a police ride-along, praising the
professionalism and calmness of the officers under pressure. She expressed
appreciation and emphasized the importance of providing mental health support for
first responders and their families.
Mayor Pro Tem Milne echoed Ms. Blasdel’s comments, reflecting on his own ride-
along experience and expressing gratitude to public safety staff.
Mr. Zabell noted that Parks & Recreation staff would provide a full report on the
Fourth of July festivities at the next Council meeting.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:11 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 6 of 6Page 11 of 107
MINUTES
City Council Special Meeting
6:00 PM - Sunday, July 13, 2025
Red Lion Hotel, 2525 N 20th Ave., Pasco, WA
CALL TO ORDER
The meeting was called to order at 6:02 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: Charles Grimm
Staff present: Angela Pashon, Assistant City Manager; and Sara Matzen, Human
Resources Director
EXECUTIVE SESSION
Council adjourned into Executive Session at 6:05 PM for 55 minutes returning at
7:00 PM to evaluate the qualifications of an applicant for public employment per
RCW 42.30.110(1)(g) with the GMP Consultants (Greg Prothman, President), and
three candidates (Eric Swanson, David Stockdale, and Harold Stewart) for the
City Manager position.
Mayor Serrano called the special meeting back to order at 7:00 PM.
RECEPTION FOR CITY MANAGER CANDIDATES
Councilmember Barajas arrived at 7:00 PM after the Executive Session
concluded.
City Council, City Staff, GMP Consultants (Greg Prothman, President & Dave
Zabell, Senior Consultant), and the three candidates (Eric Swanson, David
Stockdale, & Harold Stewart) for the City Manager position met with the public in
Page 1 of 2Page 12 of 107
an open forum setting. During the reception, everyone had the opportunity to
meet and speak with the City Manager candidates.
ADJOURNMENT
The reception concluded at 8:30 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 2 of 2Page 13 of 107
MINUTES
City Council Special Meeting
8:00 AM - Monday, July 14, 2025
Pasco City Hall, Council Chambers
CALL TO ORDER
The meeting was called to order at 8:20 AM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: Charles Grimm
Staff present: Angela Pashon, Assistant City Manager; Griselda Garcia, Interim
Finance Director; Kevin Crowley, Fire Chief; Sara Matzen, Human Resources
Director, Haylie Miller, Community & Economic Development Director; Jesse
Rice, Parks & Recreation Director; Arman Rashid, Information Technology
Director: Ken Roske, Police Chief; Maria Serra, Public Works Director; and Dave
Zabell as the Senior Consultant for GMP Consultants.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:30 AM for five (5) hours returning
at 1:30 PM to evaluate the qualifications of an applicant for public employment per
RCW 42.30.110(1)(g) with the GMP Consultants (Greg Prothman, President),City
Attorney, and the three (3) City Manager candidates.
Mayor Pro Tem Milne arrived at 8:39 AM and joined the Executive Session.
Mr. Perales arrived at 10:07 AM and joined the Executive Session.
City Staff including the Pasco Fire Chief, Pasco Police Chief, Parks & Recreation
Director, Public Works Director, Assistant City Manager, Interim Finance Director,
Community & Economic Development Director, Human Resources Director,
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Information Technology Director and Senior Consultant with GMP Consultants
(Dave Zabell) joined the Executive Session at 12:20 PM.
The City Attorney arrived at 1:00 PM and joined the Executive Session.
At 1:20 PM, the following City Staff left the Executive Session: Pasco Fire Chief,
Pasco Police Chief, Parks & Recreation Director, Public Works Director, Assistant
City Manager, Interim Finance Director, Community & Economic Development
Director, Human Resources Director, and Information Technology Director.
At 1:28 PM PM Mayor Serrano announced that the Executive Session would
continue for another 60 minutes or until 2:30 PM.
At 2:28 PM PM Mayor Serrano announced that the Executive Session would
continue for another 60 minutes or until 3:00 PM.
At 2:58 PM PM Mayor Serrano announced that the Executive Session would
continue for another 30 minutes or until 3:30 PM.
At 3:26 PM PM Mayor Serrano announced that the Executive Session would
continue for another 30 minutes or until 4:00 PM.
Mayor Serrano called the meeting back to order at 4:00 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 4:00 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 2 of 2Page 15 of 107
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, July 14, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Pete Serrano, Mayor.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None
Councilmembers absent: Charles Grimm
Staff present: Dave Zabell, Interim City Manager; Angela Pashon, Assistant City
Manager; Kevin Crowley, Fire Chief; Scott Mihalik, Assistant City Attorney; Haylie
Miller, Community & Economic Development Director; Jesse Rice, Parks &
Recreation Director; Ken Roske, Police Chief; Maria Serra, Public Works Director;
and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Harpster reported on Pasco Chamber of Commerce Member Appreciation
Barbecue that he attended.
Ms. Barajas stated that she was a speaker at the Washington State University's
incoming bilingual students event. She also proudly shared that her son was
recently promoted in the Army National Guard.
Mayor Serrano recapped the City Manager candidate reception held on July 13,
2025, and expressed thanks to all that attended that event.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Page 1 of 3Page 16 of 107
Resolution - Loni & Luis Montes Lease Agreement Portion of Parcel No.
112330255
Mr. Rice provided a brief history of the lease agreement with the Montes and
requested that Council consider renewing the lease agreement for another three-
year period with an option to renew for an addition year two times.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Resolution - Awarding Bid No. 23506 for the A Street and 6th Avenue
Pedestrian Crossing Improvements Project to Ellison Earthworks, LLC
Ms. Serra provided a brief report on the proposed bid award for the pedestrian
crossing improvements project.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Countywide Planning Policies
Ms. Miller stated that the City Council is not required to take formal action on the
Countywide Planning Policies (CWPPs); however, the Council was welcome to
submit comments to the Board of County Commissioners (BoCC) for Franklin
County as the authority to adopt the CWPPs. She introduced Wes McCart,
Franklin County Planning & Building Director who was present and available to
answer questions.
Council, Ms. Miller and Mr. McCart continued the discussion of the proposed
CWPPs. They also commented on the increase collaboration between the County
and City and how the updated CPPWs may be amenable to both entities.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
FY26 Federal Funding for Community Development Block Grant and HOME
Programs Discussion
Ms. Miller provided a brief report regarding the Section 108 loan and expressed
concern if the federal government eliminates or significantly reduces the
Community Development Block Grant (CDBG) funding. She stated that the City
may be required to cover the remaining payments for this loan, which would have
a negative long-term budget impact. She asked for Council's feedback and
possible support of sending a letter to the City's Congressional delegation related
to the program funding.
Council expressed support for sending a letter to federal legislators.
Page 2 of 3Page 17 of 107
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:28 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 3 of 3Page 18 of 107
AGENDA REPORT
FOR: City Council July 17, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Griselda Garcia, Interim Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$5,573,220.55 and Wriite-off Totaling $754,338.31 (delinquent bad debt)
I. ATTACHMENT(S):
Accounts Payable 07.03.25 to 07.16.25
Write-offs (direct and bad debt)//Collection 02.12.25 to 07.16.25
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $5,573,220.55 ($3,681,719.76 in
Check Nos. 272545 - 272760; $595,605.97 in Electronic Transfer Nos. 850434,
850529 - 850531, 850533 - 850538; $17,527.69 in Check Nos. 54991 - 55009;
$1,278,367.13 in Electronic Transfer Nos. 30228014 - 30228699).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $754,338.31 and, of that amount, authorize $754,338.31 to be
turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
There are two categories of accounts receivable write-offs:
1. Direct write-offs are small in value or, in the case of Ambulance Fund,
reflect a reduction of fees related to a discount required by DSHS and
Medicare. These direct write-offs are not sent to collection.
2. Write-offs referred to collection and have been in arrears for a given
number of days and exceed minimum values that move them out of the
direct write-off category.
Please see the summary page attached to this agenda item for details.
Page 19 of 107
V. DISCUSSION:
Page 20 of 107
REPORTING PERIOD:
July 21, 2025
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 272545 - 272760 54991 - 55009
Total Check Amount $3,681,719.76 $17,527.69 Total Checks 3,699,247.45$
Electronic Transfer Numbers 850434 30228014 - 30228699
850529 - 850531
850533 - 850538
Total EFT Amount $595,605.97 $1,278,367.13 $0.00 $0.00 Total EFTs 1,873,973.10$
Grand Total 5,573,220.55$
Councilmember B
100 794,991.62
110 29,847.90
140 355.84
142 24.27
145 1,941.11
150 36,681.28
160 12,543.88
165 1,638.50
168 35,924.01
170 1,130.56
180 2,251.73
194 29.09
195 74.00
196 HOTEL/ MOTEL EXCISE TAX 33,133.23
367 2,261,230.82
410 399,083.21
510 15,626.15
520 285,617.63
690 1,661,095.72
GRAND TOTAL ALL FUNDS:5,573,220.55$
July 3 2025 to July 16 2025
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed
as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such
Dave Zabell, Interim City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
Twenty First day of July, 2025 that the merchandise or services hereinafter specified have been received and are approved for payment:
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
MEDICAL/ DENTAL/ VISION INSURANCE
Page 21 of 107
BAD DEBT WRITE-OFF/COLLECTION
February 12 to July 16, 2025
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under
$20 with no current forwarding address or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
4. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
5. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct Referred to Total Write-off Collection Write-off
Utility Billing $ - - -
Ambulance $ - 745,466.99 745,466.99
Code Enforcement $ - 502.82 502.82
Cemetery $ - - -
General $ - - -
Miscellaneous $ - 8,368.50 8,368.50
TOTAL: $ - 754,338.31 754,338.31
Page 22 of 107
AGENDA REPORT
FOR: City Council July 15, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Resolution No. 4622 - Loni & Luis Montes Lease Agreement Portion of
Parcel No. 112330255
I. ATTACHMENT(S):
Resolution
Lease Renewal
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Motion: I move to approve Resolution No. 4622, authorizing the City Manger
to Execute a 3-year lease agreement between Loni & Luis Montes and the City
of Pasco, for open land located behind 1900 West A Street, Pasco, WA.
III. FISCAL IMPACT:
Total Three-Year Term Rent, including leasehold tax - $4,534.11
IV. HISTORY AND FACTS BRIEF:
Loni and Luis Montes has leased a portion of Parcel No. 112330255, (the open
space located behind their business at 1900 W A Street and adjacent to the
previous Tri-Cities Animal Shelter) since 2015 for the use of storage of
materials and equipment related to the lessee's business. The lease consisted
on one 5-year initial term, and two optional executed two-year extension terms
which finalized the lease agreement this year.
The new lease agreement consists of one 3-year term and includes an annual
rental term market rate adjustment. Staff worked with the City's real estate
representative to identify current market value based on type and square
footage of space and determined that the 3% per year increase included in the
expired lease was appropriate to apply to the new 3-year term lease. This 3%
annual increase is included in the Rent table below.
Page 23 of 107
Rent: Loni and Luis Montes shallpay City of Pasco rent for the use of the
premises. The rent payment amounts shall be as follows over the life of the
agreement:
Annual Rent
1st Year of Lease (January – December 2025) $1,300.00/annual
2nd Year of Lease (January – December 2026) $1,339.00/annual
3rd Year of Lease (January – December 2027) $1,379.17/annual
If extended:
4th Year of Lease (January – December 2028) $1,420.55/annual
5th Year of Lease (January – December 2029) $1,463.17/annual
Lease Tax: Additionally lessee will also pay the City of Pasco Washington
State Lease Excise Tax as indicated in the agreement:
1st Year of Lease (January – December 2025) $166.92/annual
2nd Year of Lease (January – December 2026) $171.93/annual
3rd Year of Lease (January – December 2027) $177.09/annual
If extended:
4th Year of Lease (January – December 2028) $182.40/annual
5th Year of Lease (January – December 2029) $187.87/annual
If agreement fully executed, a 5-year total of $7,788.10.
V. DISCUSSION:
The proposed lease was presented to Council at the July 14, 2025 Workshop.
Staff recommends and requests the approval of the 3-year lease with Loni and
Luis Montes for the use of storage of materials and equipment related to the
lessee's business as proposed on the attached lease agreement.
Page 24 of 107
Resolution - 2025- 2028 Loni & Luis Montes Lease Agr - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A 3-YEAR
LEASE AGREEMENT BETWEEN LONI & LUIS MONTES AND THE CITY
OF PASCO FOR OPEN LAND LOCATED BEHIND 1900 WEST A STREET
PASCO, WA.
WHEREAS, the City of Pasco (City) entered into a 5-Year Lease with Loni & Luis
Montes, the “Premises” dated December 21, 2015, that included two 2-year extensions; and
WHEREAS, the current lease and both lease extensions are completed; and
WHEREAS, both the City and Loni & Luis Montes desire to establish a new 3-Year Lease
Agreement for continued use of storage of materials and equipment related to the business at the
Premises; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to extend the Lease with
Loni & Luis Montes at the Premises.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Lease
Agreement between Loni & Luis Montes and the City of Pasco; a copy of which is attached hereto
and incorporated herein by reference as Exhibit A; and
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Lease Agreement on behalf
of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement
on behalf of the City of Pasco.
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 July,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 25 of 107
LEASE AGREEMENT
LONI & LUIS MONTES
THIS LEASE AGREEMENT is effective _____________, hereinafter referred to as
“Agreement”, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred
to as “City", and Loni & Luis Montes, hereinafter referred to as "Lessee", and collectively as the "Parties."
IN CONSIDERATION of the mutual covenants herein set out, the Parties agree as follows:
1. Description of Premises. The City hereby leases to Lessee approximately 11,000 square feet of open
land, as shown on the attached Exhibit "A", Parcel Number 112330255, located behind 1900 West A
Street, Pasco, Franklin County, Washington, hereinafter referred to as “Premises”.
2. Term. The term of this Agreement shall be three (3) years commencing on the 1 st day of January, 2025,
and ending on the 31st day of December, 202 7. The Parties may agree to extend the lease term for two
(2) additional one (1) year extensions by executing a written notice via mail stating that the Parties are
interested in extending the lease for an additional year.
3. Rent. The Lessee shall pay the City as rent for the Premises, the amount of one thousand three hundred
dollars ($1,300.00) per year during the term of this Agreement beginning with the calendar year 2025
with an increase of 3% annually. The rent shall be payable on or before the 31st day of January each
year.
Year Total
2025 $1,300.00
2026 $1,339.00
2027 $1,379.17
2028 $1,420.55
2029 $1,463.17
4. Taxes and Assessments. The Lessee shall be responsible for paying any State Leasehold Taxes
assessed by the State of Washington under RCW 82.29A. These taxes shall be payable to the City at
the same time as the Rent specified in Section 3 of this Agreement. Should the State of Washington
modify the leasehold excise tax rate or impose any additional taxes on the leasehold, the Lessee’s tax
obligation shall be adjusted accordingly.
Year Total
2025 $166.92
2026 $171.93
2027 $177.09
2028 $182.40
2029 $187.87
Page 26 of 107
5. Use. The Lessee shall use the Premises for the following purposes: storage of materials and equipment
related to Lessee’s masonry business. No other uses, activities, or operations shall be conducted by the
lessee upon the Premises without first obtaining the prior written consent of the City.
6. Condition and Maintenance.
a. The Lessee has inspected the Premises, is familiar with the present condition of the Premises
and agrees to accept the Premises in that condition at the commencement of the term.
b. Lessee shall maintain the Premises in clean and sanitary conditions, free of fire or other casualty
hazards. The Lessee shall be solely responsibility for the security, maintenance, and protection
of its property stored at the Premises.
c. Lessee shall be required to maintain the property and fencing, in compliance with all provisions
of the Pasco Municipal Code.
7. Surrender of Premises. On the termination date of the Agreement, the Lessee shall surrender the
Premises to the City in the same condition as when received, excepting, however, damage by the
elements, ordinary wear and tear, and additions or alterations made by the Lessee and not required by
the City to be removed or altered by the Lessee.
8. Access to Premises. Notwithstanding the Lessee's use and control of the Premises, the City and its
agents, employees, and/or independent contractors designated by the City, shall have the right to enter
in or upon the Premises at any time during the term of the Agreement for the purpose of inspecting or
repairing the Premises, provided, however, that in entering upon the Premises, the person shall not
unreasonably interfere with the Lessee's use of the Premises.
9. Alterations and Improvements. The Lessee shall not be permitted to make alterations and additions
to the Premises without the written approval of the City. Such approval shall not be unreasonably
withheld. The Lessee may remove any alteration or improvement, if it wishes upon termination of the
Agreement provided it restores the Premises to substantially the same condition as it was on the first
day of the Agreement, excepting damage by the elements and ordinary wear and tear. The Lessee shall
remove any improvement and alteration upon termination of this Agreement if so requested in writing
by the City. Any addition or improvement made to the Premises by the Lessee and not removed shall
upon termination of the Agreement belong to and become property of the City without cost to the City.
Nothing shall be removed which will affect the structural integrity of the building.
10. Environmental Requirements. Lessee represents, warrants, and agrees that it will conduct its
activities on and off the Premises in compliance with all applicable environmental laws. As used in this
Agreement, “Environmental Laws” includes all Federal, State, and local environmental laws, rules,
regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits,
including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq.,
the Clean Air Act, 42 U.S.C. § 7401, et. seq., the Federal Water Pollution Control Act, 33 U.S.C. §
1251, et. seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 1101, et. seq.,
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. C. § 9601, et.
seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and any other comparable state, local,
Page 27 of 107
city, county or federal statute or ordinance pertaining to the environment or natural resources and all
regulations pertaining thereto.
Toxic or hazardous substances are not allowed on the Premises without the express written permission
of the City and under such terms and conditions as may be specified by the City.
Lessee agrees that it will be responsible for all damages and costs associated with release of any such
substances upon the Premises occurring during the term of this Agreement, including any cleanup costs.
11. Indemnity/Hold Harmless. Lessee shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, independent contractors, and/or volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which
arises out of Lessee's use of the Premises, or from the conduct of Lessee's business, or from any activity,
work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury
or damage as shall have been occasioned by the sole negligence of the City.
12. Insurance. The Lessee shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
Lessee's operation and use of the Premises.
a. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below:
i. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover the premises and contractual liability. The
City shall be named as an insured on Lessee's Commercial General Liability insurance
polity using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or
a substitute endorsement providing equivalent coverage.
ii. Property insurance shall be written on an all-risk basis.
b. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits:
i. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
ii. Property insurance shall be written covering the full value of Lessee's property and
improvements with no coinsurance provisions.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Commercial General Liability insurance:
i. The Lessee's insurance coverage shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess
to the Lessee's insurance and shall not contribute with it.
Page 28 of 107
ii. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
e. Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of
the mandatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Lessee.
f. Waiver of Subrogation. Lessee and City hereby release and discharge each other from all
claims, losses, and liabilities arising from or caused by any hazard covered by property
insurance on or in connection with the Premises or said building(s). This release shall apply
only to the extent that such claim, loss or liability is covered by insurance.
g. City 's Property Insurance. The City shall purchase and maintain during the term of the
Agreement all-risk property insurance covering the buildings for their full replacement value
without any coinsurance provisions. If the City is a member of a self-insured risk pool
membership will satisfy listed requirements.
Lessee shall comply with all insurance regulations so that the lowest fire, lightning, explosion, extended
coverage, and liability insurance rates may be obtained. Nothing shall be done or kept in or on the
Premises by Lessee which will cause an increase in the premium for any such insurance of the Premises
or on any building of which the Premises are a part or on any contents located therein, over the rate
usually obtained for the property use of the Premises permitted by this Agreement or which will cause
cancellation of any such insurance.
In the event the Lessee's use of the Premises is responsible for an increase in the insurance rates on the
building of which the Premises are a part, then in such event, Lessee agrees to pay any resulting increase
in premiums on such building.
13. Damage to Property on Premises. Lessee agrees that all property of every kind and description kept,
stored, or placed in or on the Premises shall be at Lessee's sole risk and hazard and that the City shall
not be responsible for any loss or damage to any of such property resulting from fire, explosion, water,
steam, gas, electricity, or the elements, whether or not originating in the Premises, caused by or from
leaks or defects in or breakdown of plumbing, piping, wiring, hearing, or any other facility, equipment,
or fixtures or any other cause or act except resulting from the gross negligence of the City or anyone
for whom the City may be responsible.
14. Damage by Casualty. In case the Premises shall be destroyed or shall be so damaged by fire or other
casualty, as to become untenantable, then in such event, at the option of the City , this Agreement shall
terminate from the date of such damage or destruction and the Lessee shall immediately surrender such
Premises and all interest therein to the City , and Lessee shall pay rent only to the time of such surrender.
The City shall exercise such option to terminate this Agreement by notice in writing delivered to Lessee
within ten (10) days after such damage or destruction. In the event that the City shall not elect to
terminate this Agreement, this Agreement shall continue in full force and effect and the City shall repair
Page 29 of 107
the Premises with all reasonable promptitude, placing the same in as good a condition as it was at the
time of the damage, or abate in proportion to the extent and duration of untenantability. In either event
Lessee shall remove all rubbish, debris, merchandise, furniture, equipment, and other personal property,
within ten (10) days after the request of the City. If the Premises shall be only slightly injured by fire
or the elements, so as not to render the same untenantable and unfit by occupancy, then the City shall
repair the same within a reasonable time, and in that case the rent shall not abate. No compensation or
claim shall be made by or allowed to the Lessee by reason of any inconvenience or annoyance arising
from the necessity of repairing any portion of the building or the Premises, regardless of the cause of
such necessity.
15. Public Requirements. Lessee shall comply with all laws, orders, ordinances, and other public
requirements now or hereafter affecting the Premises or the use thereof, and Lessee agrees to hold
harmless and indemnify the City from expense or damage resulting from failure to do so. The Premises
is not exempted from compliance with zoning or any other municipal codes or ordinances, nor from
any other requirements of law due to title being in the name of the City.
16. Termination. This Agreement shall terminate pursuant to the terms in Section 3 herein, unless
terminated as follows:
a. Either party may terminate this Agreement upon ninety (90) days advance written notice with
any prepaid rent prorated and that portion for the unexpired term of the Agreement being
refunded.
17. Assignment or Sublet. Lessee shall not assign or transfer this Agreement or any interest therein, nor
sublet the whole or any part of the Premises, nor grant an option for assignment, transfer or sublease
for the whole or any part of the Premises, nor shall this Agreement or any interest therein be assignable
or transferable by operation of law, or by any process or proceeding of any Court or otherwise, without
the prior written consent of the City.
18. Dispute Resolution. In the event of a dispute regarding the terms, interpretation or breach of this
Agreement, the Parties shall first meet in a good faith to resolve the dispute. In the event the dispute
cannot be resolved by agreement of the Parties, either with or without the assistance of mediation, 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, with venue being placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs
as additional award and judgment against the other. The City retains the right to seek an unlawful
detainer action or other legal action as may be necessary to regain possession of the Premises upon the
default in the payment of rent, termination of the Agreement, or a material breach of the substantive
provisions of this Agreement.
19. General Provisions.
a. For the purposes of this Agreement, time is of the essence.
Page 30 of 107
b. Notices provided for in this Agreement shall be sent by mail to the physical address of the
Parties or by electronic transmission to the e-mail addresses designated for the Parties below.
i. City of Pasco
Attn: Parks & Recreation
PO Box 293
Pasco, WA 99301
(509)543-5757
Parks@pasco-wa.gov
ii. Loni & Luis Montes
12231 Scenic View Dr
Pasco, WA 99301
(509)948-7884
Luis@legionliners.com
20. Entire Agreement. This Agreement contains the entire understanding between and among the Parties
and supersedes any prior understandings and agreements among them respecting the subject matter of
this Agreement.
IN WITNESS WHEREOF, the Parties have hereunto set their hand as of the date first written
above.
CITY OF PASCO, WASHINGTON LESSEE:
Dave Zabell, Interim City Manager Loni Montes
Luis Montes
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
Page 31 of 107
EXHIBIT A
PARCEL #: 112330255
Leased Area Outlined in Red
Pa
g
e
3
2
o
f
1
0
7
AGENDA REPORT
FOR: City Council July 16, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. 4623 - Awarding Bid No. 23506 for the A Street and 6th
Avenue Ellison to Project Crossing Pedestrian Improvements
Earthworks, LLC
I. ATTACHMENT(S):
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4623, awarding Bid No. 23506 for
A Street and 6th Avenue Pedestrian Crossing Improvements Project to Ellison
Earthworks, LLC. of Richland, Washington.
III. FISCAL IMPACT:
Proposed Bid Award: $351,270.09
Total Estimated Project Cost: $380,835.00
100% grant funded.
Funding Source Funding Authorized
Highway Safety Improvement Program (HSIP) [Fed
Grant] $552,000.00
IV. HISTORY AND FACTS BRIEF:
The City secured Highway Safety Improvement Program (HSIP) funding to
upgrade the intersection of West A Street and 6th Avenue. Improvements
include sidewalk, curb ramps, curb and gutter, pavement patching, pavement
markings, illumination, rapid flashing beacons, and other associated work.
Although the initial grant included a local match requirement, early construction
Page 33 of 107
obligation qualified this project for 100% HSIP funding.
V. DISCUSSION:
The Project was advertised for bids on June 4 and June 11, 2025. On June 26,
2026 at 2:00pm two (2) bids were received and publicly opened by the City. The
proposal was bidder qualified lowest The bid (1) one contained schedule.
selected based on the grand total. The lowest responsive bid was submitted by
Ellison Earthworks, LLC. of Richland, WA in the amount of $351,270.09. The
Engineer's Estimate is $380,835.00.
Bid Tabulation
Ellison Earthworks, LLC. $351,270.09
C&E Trenching LLC $396,682.75
City Staff completed the review of the bid submittal, found no exemptions or
irregularities, and received concurrence of award from the Washington State
Department of Transportation (WSDOT).
This item was presented on the July 14th Council Workshop.
City Staff recommends award of the bid to Ellison Earthworks, LLC. of Richland,
WA.
Page 34 of 107
Resolution – A St. & 6th Ave. Pedestrian Crossing Improvements Bid Award - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AWARDING BID NO. 23 506 FOR THE A STREET AND 6TH AVENUE
PEDESTRIAN CROSSING IMPROVEMENTS PROJECT TO ELLISON
EARTHWORKS, LLC.
WHEREAS, the City of Pasco (City) identified the A Street and 6th Avenue Pedestrian
Crossing Improvements Project in the approved Capital Improvement Plan; and
WHEREAS, this Contract provides for the improvement of the intersection of West A
Street and 6th Avenue including sidewalk, curb ramps, curb and gutter, pavement patching,
pavement markings, illumination, rapid flashing beacons, and other associated work; and
WHEREAS, the City solicited sealed public bids for this project, identified as A Street
and 6th Avenue Pedestrian Crossing Improvements Project; and
WHEREAS, on June, 26, 2025, at 2:00 p.m., two (2) bids were received and opened by
the City; and
WHEREAS, the lowest responsive bidder was Ellison Earthworks, LLC with a bid of
$351,270.09, the Engineer’s Estimate was $380,835.00; and
WHEREAS, the bid documentation was reviewed, and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the A Street and 6th Avenue Pedestrian Crossing
Improvements Project to Ellison Earthworks, LLC, in the amount of $351,270.09; and further
authorizes the Interim City Manager to execute the Contract documents.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of July,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 35 of 107
AGENDA REPORT
FOR: City Council July 16, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: *Tri-City Regional Hotel/Motel Commission Reappointment of Monica
Hammerberg
I. ATTACHMENT(S):
Tri-Cities Hotel & Lodging Association Recommendation
Interlocal Agreement - Section 5, Tri-City Regional Hotel/Motel Commission
Appointments
Resolution No. 101-13 Amending the Commissioners' Term of Office
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: Hammerberg Monica of reappointment to confirm move I the
the Hotel/Motel Regional Tri-City to Suites, & Inn (Hampton Pasco)
Commission for a two-year term commencing on September 1, 2025, and
ending August 31, 2027.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Tri-Cities Tourism Promotion Area (TPA) was formed in 2004 by Pasco,
Kennewick, and Richland.
The TPA is a regional organization that collects a fee from hotels/motels in the
region and uses the funding to promote tourism in the area. The fee is remitted
to the state, which then distributes it back to the respective cities. The cities
then distribute the funding to the TPA, which uses it to fund marketing and
promotional activities.
the oversees Commission TPA. Regional Tri-City The Hotel/Motel The
Commission was established under Section 5 of the Interlocal Agreement
Page 36 of 107
(attached). The Commission consists of six (6) voting members; two (2)
members appointed by each of the three (3) Cities from nominees offered by
the Tri-Cities Hotel & Lodging Association. All vacancies are filled by the
respective City from a list of nominees offered by the Association.
V. DISCUSSION:
Per the Tourism Promotion Area ILA, the City of Pasco shall appoint two (2)
voting members by the Pasco City Council from a list of nominees prepared by
the Tri-City Hotel & Lodging Association from Operators of Lodging Businesses
within the City limits.
The Tri-Cities Hotel & Lodging Association is recommending Ms. Hammerberg
to serve on the Tri-City Hotel/Motel Commission for another two-year term.
Page 37 of 107
Page 38 of 107
Tourism Promotion Area
5. Creation of Tri-City Regional Hotel-Motel Commission.
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
( 1 ), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on
the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the
Tri-City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits ofthe City of Richland. In no event shall tifty percent (SO%) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri-City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
proposed activities and programs by the Tri-City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights , except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one-year term and the second member
serving a two-year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three-
fourths (3 /4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members ofthe Commission.
Page 39 of 107
RESOLUTION NO._1()1-13_
A RESOLUTION FOR AMENDMENT OF THE BYLAWS
OF THE TRI-CITY REGIONAL HOTEL-MOTEL
COMMISSION
WHEREAS,a proposal to amend the Bylaws has been introduced by a Commission
member;and
WHEREAS,notice of the proposed amendment has been provided to members of the
Commission ?fteen (15)days prior to the Commission meeting scheduled for consideration of
the proposed amendment,NOW,THEREFORE,
IT IS RESOLVED:
1.That Section 2.3 "Term of Office“shall be and hereby is amended and shall read
as follows:
Section 2.3.Term of Office.The initial voting members of the Commission
shall serve staggered terms with one—halfof the members serving a one year terms,and
the second half of the members serving a two year terms.The length of the term for each
individual voting member of the initial Commission shall be chosen by lot at the ?rst
meeting of the Commission.Thereafter,all voting members shall serve regular terms of
2.That Section 3.1 “Regular Commission Meetings"shall be and hereby is amended
and shall read as follows:
Section 3.1 Regular Commission Meetings.
The regular Commission meetingsshallbe held on the seeonelthird Thursday
of each month at 9:00 a.m.In the event there is no business to come before the
Commission at its regularly scheduled meeting or a quorum cannot be gathered,the
meeting may be postponed to the next available meeting date.
The number of those voting in favor of the Resolution are 6
The number of those voting in opposition of the Resolution are 0
The Resolution is g approved rejected.
Resolution No._l0l-13v
Page 1 of]
Page 40 of 107
AGENDA REPORT
FOR: City Council June 18, 2025
TO: Dave Zabell, Interim City Manager City Council Workshop
Meeting: 7/21/25
FROM: Griselda Garcia, Interim Director
Finance
SUBJECT: General Fund Monthly Report - May 2025 (2 minute staff presentation)
I. ATTACHMENT(S):
May 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 May 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 May, elapsed time for budget is 21%. 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 41 of 107
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. The
overall increase an was Fund General of balance fund to impact for
$1,105,033.
There executed were no contracts over $100,000 and under $300,000
administratively in the month of May. There is a list of donations made to the
City during the same period are included in the report.
Page 42 of 107
Monthly General Fund Report
May 2025
Financial Highlights
The intent of this report is to provide an overview of activity in the City's
General Fund through May 31, 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 43 of 107
Budget to Actuals (Elapsed Time: 21%)
Category
2025-2026
Adopted
Budget 2025 Actuals
2025
Encumbrance
% Actuals
to Budget
Expense 169,209,410 30,426,551 2,681,033 18%
Operational Capital 646,643 330,399 69,400 51%
Debt Interest 7,082,921 - - 0%
Debt Principal 3,896,450 - - 0%
Personnel Benefits 23,181,518 4,502,832 - 19%
Salaries and Wages 67,851,635 13,210,183 - 19%
Overtime 3,407,711 631,611 - 19%
Services 50,100,511 10,475,992 2,420,899 21%
Supplies 7,267,021 562,033 190,734 8%
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 31,857,441 - 20%
Charges for Goods and Services 21,194,237 3,608,280 - 17%
Fine and Penalties 2,440,300 537,831 - 22%
Intergovernmental 7,519,082 1,630,047 - 22%
Licenses & Permits 6,584,940 1,086,051 - 16%
Miscellaneous 4,495,862 542,965 - 12%
Investment Income 1,128,804 388,072 34%
Taxes 114,384,039 23,827,661 - 21%
Transfer In - Subsidy 295,000 103,587 35%
Transfer In-Grants 632,460 132,947 21%
Net Impact (10,534,686) 1,430,890
Operational
Page 44 of 107
Overall impact to fund balance, both operationally and capital, is
an increase of $1,105,033.
Revenues
End of May represents approximately 21% of elapsed time in the biennium.
Overall, revenues are at 20% of budget which is reasonable given that
revenues are cyclical and don’t align with expenses. During the reporting
period, operating revenues exceeded operating expenditures, resulting in a
net gain of $1,430,890. Several key revenue sources—including gambling
taxes and admission taxes—are received on a quarterly basis which can
temporarily impact the General Fund's cash flow. Further, property taxes are
received twice a year with payments in April and October.
Proactive steps have been taken in response to the current economic
environment, particularly the challenges posed by inflation which has
impacted increases in service contracts. Through strategic timing of
investments and a focus on liquidity management, the department has been
able to generate increased interest income. During the reporting period, the
General Fund earned $388,072 in investment interest income which
represents 34% of budgeted revenue for the biennium for this revenue
category.
The table above reflects tax revenue received thru end of May for 2025 and
2024 for comparison purposes.
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)
Capital / Non Operational
Tax Type 2025 YTD (May)2024 YTD (May)
Sales Tax 11,154,967 11,045,478
Property Tax 7,422,753 6,761,946
Utility Tax 4,802,947 4,363,542
Gambling, Admission, Leasehold 446,995 698,599
Total Taxes 23,827,661 22,869,565
Page 45 of 107
During the first quarter, taxes made up 73% of total revenue received and is
at 21% of budgeted revenue. This is in alignment with expectations and
elapsed time in the biennial budget. Further, as seen in the table, sales tax
makes up the majority of that revenue. Overall, tax revenue in the current
year is about $958K more than last year for the same timeframe. This is
driven by continued growth in the local commercial base and increased
online retail activity under the Destination Sales Tax rule. 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.
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
year. The first installment of property taxes is reflected in the table above.
Permits
Permit Type
YTD 2025
Count YTD 2025 Value
YTD 2024
Count YTD 2024 Value
Commercial 166 52,907,713 217 99,801,631
Industrial 23 13,325,665 25 95,158,476
Residential (Incl. mobile
homes) 708 52,665,345 903 65,867,541
Total 897 118,898,723 1,145 260,827,648
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, including the current political and
economic climate. 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.
Page 46 of 107
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 May, the department was
successful in receiving $2,750 in donations, totaling $64,923 of donations
received thus far. The following table summarizes the donations received
this month.
Purpose Donor Amount
Free Swim Fridays NUMERICA CREDIT UNION 2,450
Park Bench DAN O’NEILL 300
Total Donations 2,750
Page 47 of 107
Expenditures
Overall, expenditures are at 18% of budget, slightly less than the elapsed
time. Certain expenditures, particularly in the Services and Supplies
categories, do not occur evenly throughout the year. As of end of May 21% of
the total Services budget was expended. Some of the largest services
expenses were related to the library contract and Police Department services
such as vehicle leases, body camera contract and dispatch contract.
Overtime expenditures across all City departments within General Fund
totaled $631,611 for the reporting period. Of this amount, 99% was
attributed to the Police and Fire divisions, which fall under the Public Safety
reporting function. This concentration reflects the essential and often
unpredictable nature of public safety operations, where overtime is
frequently necessary to maintain 24/7 emergency response coverage,
address staffing shortages, and support critical incidents. Overtime costs
have shown a downward trend compared to previous years. While this
reduction is a positive step, overtime remains a substantial budget item for
the City. Further, this is expected to significantly increase in the coming
months due to typical increases during summer months and anticipated
absences. Continued monitoring and process evaluation will be essential to
maintain this downward trajectory and manage costs effectively.
3-Year Trend Overtime
Jan-May 2023 Jan-May 2024 Jan-May 2025
740,411 661,136 631,611
Contracts between $100,000 and $300,000
During May, there were no contracts signed by staff between $100,000 and
$300,000.
Page 48 of 107
73%
2%
3%11%
General Fund Report
May 2025
A monthly snapshot of Pasco’s General Fund through May 31, 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: +$1,105,033 (improved from April; includes operational and
capital impacts)
Revenue Sources: 73% from taxes
Services Budget Used: 21% (aligned with time elapsed; major costs include library,
police vehicle leases, body-worn camera contracts, and dispatch services)
Overtime Budget Used: 19% (99% from Police and Fire under Public
Safety; trending down vs. prior years)
Encumbered Funds: $2,681,033 (reserved for future expenses)
R E V E N U E
Parks & Rec Sponsorships Received
(May)$2,750
Taxes
Transfer &
Investment Interest
Licenses &
Permits
Charges for
Goods & Services
2%
2%
Fines &
Penalties
Capital Asset
Sale
In May, taxes made up 73% 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. Majority
of tax revenue received was sales tax. Overall, tax
revenue in the current year is about $958K more than
the same timeframe last year. The first major
installment of property tax payments was received in
April, 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 $11,154,967 $11,045,478
Property $7,422,753 $6,761,946
Utility $4,802,947 $4,363,542
Gambling, Admission,
Leasehold $446,995 $698,599
7%
Misc. &
IntergovernmentalPage 49 of 107
4%10%48%
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.
Staff will continue to monitor permitting trends closely and provide
updates as conditions evolve to ensure timely awareness of
potential impacts on revenue forecasts.
5%10%
Residential
78.9%
Commercial
18.5%
Industrial
2.6%
Permit Type
YTD
2025
Count
YTD 2025
Value
YTD
2024
Count
YTD 2024
Value
Commercial 166 $52,907,713 217 $99,801,631
Industrial 23 $13,325,665 25 $95,158,476
Residential
(incl. mobile
homes)
708 $52,665,345 903 $65,867,541
O V E R V I E W
Transportation Transfers Public Safety
C O N T R A C T S
P E R M I T T R E N D S
No contracts were executed during the month of May.
K E Y H I G H L I G H T S
Increase to fund balance (reserves) by approximately $1.1M.
Some one-time expenditures are paid early in the year (e.g., insurance, contracts)
This report reflects a point-in-time snapshot—not final outcomes
These insights guide decision-making throughout the biennium
Natural &
Economic
Cultural &
Community
During the reporting period, operating revenues exceeded operating expenditures, resulting in a net gain of $1,430,890. 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. The first installment of property tax collection received in April as well as healthy sales tax revenue contributed to the increase in reserves.
Further, proactive cash flow monitoring and investing resulted in $388,072 year-to-date in investment income.
By the end of May, approximately 21% of the biennium had elapsed. Total General Fund revenues reached 20% of budget, which is reasonable given cyclical
revenue patterns. Charges for Services revenue was at 17% of budget, showing improvement compared to first quarter. 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 $631,611, 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.
P E R M I T S
23%
General
Government
Page 50 of 107
AGENDA REPORT
FOR: City Council July 16, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Resolution No. 4624 - Interlocal Agreement with Franklin County for
Solid staff minute Plan (5 Comprehensive Waste Management
presentation)
I. ATTACHMENT(S):
Proposed Resolution
Proposed ILA
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4624, authorizing the Interim City
Manager to execute the Interlocal Agreement with the Franklin County and the
City of Pasco for the Solid Waste Comprehensive Management Plan.
III. FISCAL IMPACT:
Minimal direct fiscal impact is anticipated at this stage. Costs associated with
preparing the plan update will be shared among the County and participating
cities based on a proportional allocation that will be determined through future
agreements or amendments.
IV. HISTORY AND FACTS BRIEF:
70A.205, is county each RCW Under law, State Washington specifically
required to prepare and maintain a comprehensive solid waste management
plan that is developed in cooperation with the cities located within the county.
Franklin working of history long a have of City the and County Pasco
collaboratively on solid waste planning and implementation. The most recent
version of the Franklin County Solid Waste Management Comprehensive Plan
was completed in 2015.
To maintain compliance with state regulations and to ensure that current needs
and requirements are addressed, this plan must be periodically updated.
Page 51 of 107
Historically, the City and County have established interlocal agreements that
formalize participation, clarify responsibilities, and provide for coordinated
planning and resource allocation to support these updates.
The proposed Interlocal Agreement identifies Franklin County as the lead
agency responsible for overseeing the update of the Solid Waste Management
Comprehensive Plan. The City of Pasco, through this agreement, agrees to
participate actively in the planning process by providing input, assisting in
public education and outreach, and reviewing draft materials. The agreement
establishes the process by which the updated plan will be reviewed and
formally adopted by all participating jurisdictions, including the City. This
approach ensures that the City’s priorities related to waste reduction, recycling,
and disposal are considered as part of the regional strategy.
While there is no immediate significant fiscal impact, future costs associated
with developing, adopting, and implementing the plan will be proportionally
shared among the County, the participating cities, haulers, and ultimately the
public through solid waste rates and fees.
V. DISCUSSION:
Approval of this Interlocal Agreement will continue the City’s long-standing
cooperative relationship with Franklin County in solid waste management.
Participation in the update process is essential to ensure that Pasco’s
operational requirements, service expectations, and regulatory obligations are
fully addressed. By partnering with the County, the City will help shape policies
and programs that advance sustainable waste management practices and
meet community expectations. The agreement also provides a structured
framework for coordinating public involvement, which is a critical component of
plan development under state law. Overall, executing this agreement positions
the City to remain compliant with state mandates, leverage shared resources
efficiently, and ensure that the solid waste management needs of Pasco
residents are represented in the comprehensive planning process.
Staff recommends approval of the Interlocal Agreement with Franklin County
for the Solid Waste Comprehensive Management Plan.
Page 52 of 107
Resolution – ILA with Franklin County for Solid Waste Management Plan - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE
CITY OF PASCO FOR THE SOLID WASTE COMPREHENSIVE
MANAGEMENT PLAN.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the City of Pasco, Washington (City) and Franklin County desire to enter
into an interlocal agreement for the Solid Waste Comprehensive Management Plan; and
WHEREAS, Chapter 70A.205 RCW requires each county, in coordination with the cities
located within its boundaries, to prepare a comprehensive solid waste management plan; and
WHEREAS, Franklin County, in cooperation with the cities of Connell, Kahlotus, Mesa,
and Pasco, has developed an updated Solid Waste Comprehensive Management Plan to address
the present and future needs of the County and its cities; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
interlocal agreement to formalize the collaborative relationship for the development and
implementation of the Solid Waste Comprehensive Management Plan with Franklin County.
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
Interlocal Agreement for the Solid Waste Comprehensive Management Plan between Franklin
County and the City of Pasco, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 53 of 107
Resolution – ILA with Franklin County for Solid Waste Management Plan - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of July,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 54 of 107
Page 55 of 107
Page 56 of 107
Page 57 of 107
AGENDA REPORT
FOR: City Council July 17, 2025
TO: Dave Zabell, Interim City Manager City Council Regular
Meeting: 7/21/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Resolution No. 4625 - Boys and Girls Clubs of Benton & Franklin
Counties Lease (5 minute staff presentation
I. ATTACHMENT(S):
Resolution
Leasehold Deed of Trust
Leasehold Promissory Note
Restrictive Covenant
Commitment Packet - Current Lease, and other pertinent information
Renovation Concept Plan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4625, authorizing the Interim City
Manager to sign and execute the Leasehold Deed of Trust and Restrictive
Covenant for Contract No. 24-96647-200.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
$17.4 million of ARPA funds was allocated to the City of Pasco in 2021 by the
U.S. Department of Treasury. Staff proposed $1.26 million of those funds to be
allocated to the Boys and Girls Club building remodel. The building has needed
remodeling for some time and Boys and Girls Club was able to acquire
additional funding from the State, as well as plans to fundraise to raise private
donations to complete renovations necessary. Allocation of City's ARPA funds
was a prime opportunity for a public-private partnership that leverages our
funds ($1.26M) to receive other investment ($3.2M) for a facility that has been
serving City's youth for a long time. Boys and Girls Club has been a long-term
trusted partner with the City, leasing this facility and operating the center for
Page 58 of 107
over 20 years.
V. DISCUSSION:
Boys and Girls Club received approximately $800K from the Washington State
Legislature to accomplish the goal of fully renovating this facility. With the State
and City grant, Boys and Girls Club with install fire sprinkler, roof, and new
HVAC units design. The work is being performed by Cliff Thorn Construction
and is approximately 30% completed.
Many State and Federal grants require organizations to continue providing the
service for which the grant was disbursed for. The documents attached are to
connect the facility owner (City of Pasco) to the grant requirements. In practice,
this restrictive covenant would require the City to ensure that the facility is used
for the purposes for which the grant was provided for 10 years. City's current
lease with Boys and Girls Club for this facility extends to 2044.
Staff requests Council action on the motion as presented.
Page 59 of 107
Resolution – Restrictive Covenant/Leasehold Deed of Trust Contract 24-96647-200 - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AND EXECUTE
THE LEASEHOLD DEED OF TRUST AND RESTRICTIVE COVENANT FOR
CONTRACT NUMBER 24-96647-200.
WHEREAS, the City of Pasco has had a partnership with the Boys and Girls Club for over
20 years through the leasing of city-owned property to provide services for youth that benefit the
community; and
WHEREAS, the City of Pasco allocated $1.26 million of its $17.4 million in ARPA funds
to the renovation of the building that the Boys and Girls Club leases from the City; and
WHEREAS, the Boys and Girls Club was able to receive an additional $1.4 million from
the Washington State Legislature to accomplish the goal of fully renovating the City’s facility; and
WHEREAS, in order for the Boys and Girls Club to receive this additional funding, the
City of Pasco is required to execute documents as the Lessor and Owner of the building to ensure
the Washington State Department of Commerce requirements for receiving the grant are met.
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 Restrictive Covenant between the
City of Pasco and Department of Commerce, Community Capital Facilities, for Contract Number
24-96647-200; and the Leasehold Deed of Trust for Grant Number 24-96647-200, copies of which
are attached hereto and incorporated herein by reference 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 the Restrictive Covenant and the
Leasehold Deed of Trust on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 60 of 107
Resolution – Restrictive Covenant/Leasehold Deed of Trust Contract 24-96647-200 - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of July,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 61 of 107
1
When Recorded Return To:
The Washington State Department of Commerce
Local Government Division
1011 Plum Street, SE
Post Office Box 42525
Olympia, Washington 98504-2525
Local Community Projects
Attention: Real Estate Development and Services
____________________________________________________________________________________________
LEASEHOLD DEED OF TRUST
Lessee (Grantor): Boys & Girls Clubs of Benton and Franklin Counties
Lessor: City of Pasco
Beneficiary (Beneficiary): Department of Commerce, Community Capital Facilities
Grantee (Trustee): TitleOne
Legal Description (abbreviated): Portion of Old Emerson Elementary School Building located in Block 10, Stadium
Park Addition
Assessor’s Tax Parcel ID#: 555-099-037
Grant Number: 24-96647-200
THIS LEASEHOLD DEED OF TRUST (hereinafter called “Deed of Trust”) is made this __ day of
__________________, 2025, between Boys & Girls Clubs of Benton and Franklin Counties, a Washington Nonprofit
Corporation, whose mailing address is PO Box 1322, Pasco, WA 99301, as grantor under this Deed of Trust and lessee
under the lease described below ("Lessee"); TitleOne, whose mailing address is 1919 North Pittsburgh Street, Suite A,
Kennewick, Washington, 99336, as Trustee ("Trustee"); and the Washington State Department of Commerce,
Community Capital Facilities Unit or its successor agency, as Beneficiary ("Beneficiary"), whose address is 1011 Plum
Street SE, P.O. Box 42525, Olympia, Washington 98504-2525.
1. Grant. Lessee hereby irrevocably grants, bargains, conveys, and assigns to Trustee in trust, with right of
entry and possession as provided for herein, for the benefit of Beneficiary, all of Lessee’s interest in the following
described property in Franklin County, Washington:
That certain leasehold estate (hereinafter called "leasehold estate"), together with and including all right, title and interest
of Lessee therein, which said leasehold estate embraces and covers a portion of the real property hereinafter described,
situated, lying in the City of Pasco, County of Franklin, State of Washington, and is more particularly described as: The
leasehold estate created by that certain Lease Agreement (hereinafter called "Lease") dated April 22, 2024, executed by
and between City of Pasco, a Municipal Corporation, as Lessor (“Lessor”), and Boys & Girls Clubs of Benton and
Franklin Counties, a Washington Nonprofit Organization, as Lessee, pursuant to which a memorandum of lease was
recorded on _______________________________, 2025 under instrument number ____________________________,
and covers the following described property:
Page 62 of 107
2
That portion of the Old Emerson Elementary School building located in Block 10, Stadium
Park Addition to Pasco, Franklin County, Washington, described as follows:
Commencing at the center line of 18th Avenue and Nixon Street; thence along the center line
of 18th Avenue North 37° 07' West a distance of 216.10 feet; thence South 75° 31' 07" East a
distance of 108.60 feet to the Southwest corner of said School Building and the TRUE POINT
OF BEGINNING; thence around the building foundation by the following dimensions and
right angles left or right:
Continuing South 75° 31' 07" East a distance of 76.1 feet to the Southeast corner; thence left
91.3 feet, left 17.3 feet, right 11.1 feet, right 5.6 feet, left 11.3 feet, right 35.0 feet, left 25.4 feet,
left 4.0 feet, right 59.4 feet, left 82.2 feet, right 9.1 feet, left 12.2 feet, right 12.1 feet to the most
Northeasterly corner of the Building; thence left 47.2 feet to the Northwest corner of the
Building; thence left 27.2 feet, left 13.5 feet, right 102.2 feet, left 32.7 feet, right 90.3 feet to the
said Southwest building corner and the true point of beginning.
TOGETHER WITH all right, title and interest of Lessee in and to all options to purchase, options of first refusal and
renewal options with respect to the Lease or said property or any portion thereof or any interest therein and in and to any
greater estate in said property (including the fee simple estate) as may be subsequently acquired by or release to Lessee.
TOGETHER WITH all interest, estate, or other claims, both in law or equity, which Lessee now has or may hereafter
acquire in said property.
1.1. The Lease shall not be materially modified or changed in any way without the written consent of
Beneficiary. Amendments to the Lease extending the term, renewing the Lease, increasing or decreasing the amount
of space leased under the Lease by up to 100 square feet, or allowing improvements to the space shall not be considered
material modifications requiring written consent of the Beneficiary.
1.2. Beneficiary shall be immediately furnished with all Notices of Default served by Lessor of the Lease
on Lessee.
1.3. In the event Lessee shall fail to make payment due on the Lease or to perform any term or covenant as
provided therein, in addition to any such default constituting a default under this Deed of Trust, Beneficiary may, at its
option, make the defaulted payments or perform the term or covenant and add the same to the amount due under this
Deed of Trust without waiving any of its rights under this Deed of Trust and the Note which it secures.
1.4. If both the Lessor's and the Lessee's estate under the Lease shall at any time become vested in one
owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by the application of the
doctrine of merger, and in such event, Beneficiary shall continue to have and to enjoy all of the rights, title, interest and
privileges of Beneficiary as to the separate estates. In addition, foreclosure of said property shall not destroy or terminate
the Lease by application of the doctrine of merger or as a matter of law or as a result of foreclosure unless Beneficiary or
any purchaser at foreclosure sale shall so elect. In the event that Lessee shall, at any time prior to the payment in full of
all indebtedness secured by this Deed of Trust, acquire fee simple title to said property, such fee simple title shall not
merge with the leasehold estate encumbered by this Deed of Trust, but such fee simple title shall immediately, without
further action on the part of the Lessee, become subject to the lien hereof. In the event of such acquisition by Lessee,
Lessee agrees to execute and deliver to Beneficiary such further instruments, conveyances and assurances as Beneficiary
may reasonably require in order to further confirm and assure that the fee simple title so acquired by Grantor is subject
to the terms, provisions and lien of this Deed of trust. The provisions of this paragraph shall not apply in the event
Beneficiary acquires the fee of said property, except if Beneficiary shall so elect. Said property is not used for agricultural
or farming purposes.
Page 63 of 107
3
2. Obligations Secured. This deed is given for the purpose of securing payment in the amount of Eight
Hundred Fourteen Thousand Eight Hundred and 00/100 dollars ($814,800.00) payable by the Lessee to the Beneficiary
evidenced by a Promissory Note between Boys & Girls Clubs of Benton and Franklin Counties and the Washington State
Department of Commerce, of even date herewith, and Contract Number 24-96647-200 between Boys & Girls Clubs of
Benton and Franklin Counties and Washington State Department of Commerce, as now or hereafter amended
(“Contract”), and securing performance of each term and condition of said Contract and Promissory Note, together with
all future advances.
3. Protection of Security. To protect the security of this Deed of Trust, Lessee covenants and agrees:
3.1. To keep the leased property in good condition and repair; to permit no waste thereof; to diligently
pursue or complete any building, structure or improvement thereon which may be damaged or destroyed to the extent
required by the Lease or Contract; and to comply with all laws, ordinances, conditions and restrictions affecting the
property.
3.2. To keep its leasehold interest in the property free and clear of all other charges, liens, or encumbrances
impairing the security of this Deed of Trust.
3.3. To maintain a policy of property insurance for the leased property covering its supplies, inventory,
personal property, equipment, fixtures as well as all improvements, additions, and modifications to or in the leased
property, in an amount not less than the replacement cost thereof. Except as otherwise provided herein and in the Contract
the amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order, as
the Beneficiary shall determine, subject to the rights of any senior lien-holder.
3.4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of
Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable
amount, in any such proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
3.5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of
the Trustee incurred in enforcing the obligations secured hereby and Trustee's and attorney's fees actually incurred, as
provided by statute.
3.6. Should Lessee fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances
or other charges against its leasehold interest in the property when the same become due and payable, Beneficiary may,
but shall not be obligated, to pay the same, and the amount so paid shall be added to and become a part of the debt secured
by this Deed of Trust.
4. General Conditions. The parties hereto agree that:
4.1 In the event of any fire or other casualty to the leased property or eminent domain proceedings resulting
in condemnation of the leased property or any part thereof, and with Beneficiary’s approval which shall not be
unreasonably withheld, Lessee shall either (a) repair the premises subject to the leasehold estate and continue the tenancy
if permitted under the lease, or (b) use all available insurance or condemnation proceeds to continue providing the public
benefit contemplated under the Contract in a different location. In such an instance, insurance and/or condemnation
proceeds must be used in a manner that provides adequate security to the Beneficiary for repayment of the remaining
balance of the loan and performance of Lessee’s obligations under the Contract.
4.2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its
right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay.
Page 64 of 107
4
4.3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person
entitled thereto on written request of the Lessee and the Beneficiary, or upon satisfaction of the obligations secured and
written request for reconveyance made by the Beneficiary or the person entitled thereto.
4.4. Default Remedies. Upon default by Lessee of its obligations secured hereby without timely cure and
after written notice of thirty (30) days, all sums secured hereby shall immediately become due and payable. In such event
and upon written notice of Beneficiary, Lessee’s leasehold interest in the property may be automatically assigned to
Trustee for the benefit of Beneficiary and Lessee agrees that Trustee may take any action on behalf of the Lessee for the
benefit of the Beneficiary (with right of entry onto the leased premises) to keep, observe, or perform an such terms,
covenants, provisions, or agreements and to enter into the leased premises (after reasonable advance notice to Lessee)
and take all such action thereon as may be reasonably necessary therefore, with all rights to use, assign, or sublet the
leasehold premises allowed under the terms of the then-current Lease.
4.5. Beneficiary may at any time appoint or discharge the Trustee.
4.6. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto and their successors
and assigns. The terms "Lessee," “Lessor,” "Trustee," and "Beneficiary" include their successors and assigns.
5. Acceleration. Except as otherwise provided for in the Contract, if without Beneficiary's prior written
consent, all or any part of Lessee’s interest in the property is assigned, conveyed, transferred, encumbered, or the leased
property is not used as required by the Contract between Beneficiary and Lessee, Beneficiary may, at its option, require
immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by
Beneficiary if exercise is prohibited by federal law as of the date of this Deed of Trust. If Beneficiary exercises this
option, Beneficiary shall give Lessee notice of acceleration. The notice shall provide a period of not less than thirty (30)
days from the date the notice is delivered or mailed within which Lessee must pay all sums secured by this Deed of Trust.
If Lessee fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted
by this Deed of Trust without further notice or demand on Lessee.
[SIGNATURE AND NOTARY PAGES FOLLOW]
Page 65 of 107
5
IN WITNESS HEREOF, Boys & Girls Clubs of Benton and Franklin Counties has executed this Deed of Trust on
the ___ day of _________________, 2025.
Boys & Girls Clubs of Benton and Franklin Counties,
a Washington Nonprofit Corporation
By:
Printed Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that _______________________________ is the person who
appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were
authorized to execute the instrument and acknowledged it as the ____________________________ of Boys & Girls
Clubs of Benton and Franklin Counties, a Washington Nonprofit Corporation, to be the free and voluntary act and deed
of such party for the uses and purposes mentioned in the instrument.
DATED:______________________________________
(Seal or Stamp)
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
NOTARY PUBLIC in and for the state of Washington
My Commission Expires:
Page 66 of 107
6
CONSENTED TO BY LESSOR:
City of Pasco,
a Washington Municipal Corporation
By:
Printed Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that _____________________________ is the person who
appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were
authorized to execute the instrument and acknowledged it as the __________________________ of City of Pasco, a
Washington Municipal Corporation, to be the free and voluntary act and deed of such party for the uses and purposes
mentioned in the instrument.
DATED:______________________________________
(Seal or Stamp)
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
NOTARY PUBLIC in and for the state of Washington
My Commission Expires:
Page 67 of 107
7
REQUEST FOR FULL RECONVEYANCE
TO BE USED ONLY WHEN ALL OBLIGATIONS HAVE BEEN PAID AND ALL
DUTIES PERFORMED UNDER THIS DEED OF TRUST.
TO: TRUSTEE:
The undersigned as the party entitled to the performance, benefits, duties, and payments under Contract 24-96647-
200 between Grantor and Beneficiary, which is secured by this Deed of Trust and other legal documents.
The obligations thus secured have been fully paid, duties performed and satisfied, and you are hereby requested and
directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, including Contingent
Interest, to cancel evidence of indebtedness secured by said Deed of Trust delivered to you with said Deed of Trust,
and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now
held by you hereunder.
_____________________________________
Dated
_____________________________________
Name
_____________________________________
Title
Page 68 of 107
1
When Recorded Return To:
The Washington State Department of Commerce
Local Government Division
1011 Plum Street, SE
Post Office Box 42525
Olympia, Washington 98504-2525
Local Community Projects
Attention: Real Estate Development and Services
______________________________________________________________________________________
RESTRICTIVE COVENANT
Grantor: City of Pasco
Grantee: Department of Commerce, Community Capital Facilities
Legal Description (abbreviated): Portion of Old Emerson Elementary School Building located in Block 10, Stadium
Park Addition
Assessor’s Tax Parcel ID#: 555-099-037
Contract Number: 24-96647-200
This Restrictive Covenant is made this __ day of _____________, 2025, by City of Pasco, a Washington Municipal
Corporation, ("Grantor") and is part of the consideration for the financial assistance provided to Boys & Girls Clubs of
Benton and Franklin Counties by the Washington State Department of Commerce ("Department"), pursuant to
Contract Number 24-96647-200, for a portion of the real property (the “Property”) addressed as 801 North 18th Avenue,
Pasco, Washington 99301 which is legally described as follows:
That portion of the Old Emerson Elementary School building located in Block 10, Stadium
Park Addition to Pasco, Franklin County, Washington, described as follows:
Commencing at the center line of 18th Avenue and Nixon Street; thence along the center line
of 18th Avenue North 37° 07' West a distance of 216.10 feet; thence South 75° 31' 07" East a
distance of 108.60 feet to the Southwest corner of said School Building and the TRUE POINT
OF BEGINNING; thence around the building foundation by the following dimensions and
right angles left or right:
Continuing South 75° 31' 07" East a distance of 76.1 feet to the Southeast corner; thence left
91.3 feet, left 17.3 feet, right 11.1 feet, right 5.6 feet, left 11.3 feet, right 35.0 feet, left 25.4 feet,
left 4.0 feet, right 59.4 feet, left 82.2 feet, right 9.1 feet, left 12.2 feet, right 12.1 feet to the most
Northeasterly corner of the Building; thence left 47.2 feet to the Northwest corner of the
Building; thence left 27.2 feet, left 13.5 feet, right 102.2 feet, left 32.7 feet, right 90.3 feet to the
said Southwest building corner and the true point of beginning.
This Covenant will be filed and recorded in the official public land records of Franklin County, Washington, and shall
constitute a restriction upon the use of the Property and is construed as running with the land, which shall pass to and be
binding upon the Grantor and any successors, assigns, heirs, grantees, or lessees of the Property, commencing upon the
date specified in Commerce contract number 24-96647-200 and ending ten (10) years from said date. Each and every
contract, deed, or other instrument covering or conveying the Property, or any portion thereof, shall be conclusively held
Page 69 of 107
2
to have been executed, delivered, and accepted subject to such covenants, regardless of whether such covenants are set
forth in such contract, deed, or other instruments.
NOW, THEREFORE, it is hereby covenanted, as follows:
Grantor its successors and/or assigns for the period as stated above shall provide, on the herein described real property,
a Boys & Girls Club for youth that benefits the community, as specified in Commerce contract number 24-96647-200.
The Grantor shall require that all operators, tenants, or lessees comply with all State and local codes, licensing
requirements, and other requirements regarding the condition of the structure and the operation of the project in the
jurisdiction in which the facility is located.
The Grantor will keep any records and make any reports relating to compliance with this covenant that the Department
may reasonably require.
DEFAULT: If a violation of this Covenant occurs, the Department (or its successor agency) may, after thirty (30) days’
notice and opportunity to cure the violation, which cure may be effected by the Grantor and/or its Investor Member (as
defined in the Contract), institute and prosecute any proceeding at law or equity to abate, default the loan, prevent, or
enjoin any such violation or to compel specific performance by the Grantor of its obligations hereunder; provided that,
the Grantor shall not be required by any provision herein to evict a residential tenant. No delay in enforcing the provisions
hereof as to any breach or violation shall impair, damage, or waive the right of any party entitled to enforce the provisions
hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar
breach or violation hereof at any later time.
The Department agrees to execute a Release of Restrictive Covenant at the conclusion of the ten-year period and will not
unreasonably withhold appropriate signatures on such a release.
[SIGNATURE AND NOTARY PAGE FOLLOWS]
Page 70 of 107
3
IN WITNESS HEREOF, City of Pasco has executed this Covenant on the ___ day of ____________________, 2025.
City of Pasco,
a Washington Municipal Corporation
By:
Printed Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
On this day personally appeared before me _________________________________ known to be the
_________________________________ of City of Pasco, a Washington Municipal Corporation, the entity that
executed the within instrument and acknowledged the said instrument to be the free and voluntary act and deed of said
entity for the uses and purposes therein mentioned and on oath stated that s/he was authorized to execute the same.
DATED:_______________________________________
(Seal or Stamp)
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
NOTARY PUBLIC in and for the state of Washington
My Commission Expires:
Page 71 of 107
TitleOne: Kennewick
Authorized Agent for:
Title Resources Guaranty Company
File Number: 25544662
Contact Information
We would like to thank you for your business and we appreciate the opportunity to serve you. The Title Commitment has been sent to the parties listed below.
If you have any title questions, please contact your Title Officer:
Melissa Sanders
melissa.sanders@titleonecorp.com
(509) 619-7233
TitleOne: Kennewick Address:
1919 N. Pittsburgh St., Suite A
Kennewick, WA 99336
Agents / Brokers and Transaction Coordinators
Page 72 of 107
AFFILIATED BUSINESS ARRANGEMENT
DISCLOSURE STATEMENT
To:Boys & Girls Club of Benton & Franklin Counties
Property:801 N 18th Ave, Pasco, WA 99301
From:TitleOne Date: 4/21/2025
File Number:25544662
Thank you for contacting TitleOne (hereinafter “Agent”). This is to give you notice that Agent has a business
relationship with Title Resources Guaranty Company, which provides title insurance underwriting services,
Anywhere Insurance Agency Inc., which provides homeowners and other insurance, and TitleOne
Exchange and Real 1031, which provide 1031 exchange services. The majority owner of Agent is the
22.3% owner of Title Resources Guaranty Company and 100% owner of Anywhere Insurance Agency
Inc., TitleOne Exchange, and Real 1031. Title Resources Guaranty Company is also 10% owner of Agent.
Because of these relationships, the referral of business to the companies below may provide Agent and/or its
employees a financial or other benefit.
Set forth below is the estimated charge or range of charges for the underwriting services listed. You are
NOT required to use the underwriter below in connection with the provision of title services. THERE ARE
FREQUENTLY OTHER UNDERWRITERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO
SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST
RATE FOR THESE SERVICES.
COMPANIES DESCRIPTION OF CHARGES ESTIMATE OF RANGE OF CHARGES
GENERALLY MADE BY PROVIDER
Title Resources Guaranty Company Title Insurance Premium Owners Policy (charges based on policy amount):
$50,000 - $100,000 $462 - $666
$100,001 - $300,000 $666 - $1,326
$300,001 - $500,000 $1,326 - $1,822
$500,001 - $1,000,000 $1,822 - $3,062
$1,000,001 - $5,000,000 $3,062 - $11,862
Realogy Insurance Agency, Inc.Homeowners insurance
premium
$2.00 - $6.00 per thousand dollars of replacement cost
of dwelling
Acknowledgement of Receipt of Disclosure
I/we have read this disclosure form and understand that Agent is referring me/us to use the above-described
companies and may receive a financial or other benefit as the result of this referral.
______________________________________
Boys & Girls Club of Benton & Franklin Counties
Page 73 of 107
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by TITLE RESOURCES GUARANTY COMPANY. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—
Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
TITLE RESOURCES GUARANTY COMPANY
Commitment No. 25544662
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,
TITLE RESOURCES GUARANTY COMPANY, a TEXAS corporation, (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule
A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal characteristics
such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or
other legally protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law
constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor
any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of
water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
Page 74 of 107
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by TITLE RESOURCES GUARANTY COMPANY. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—
Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment
Date under which a document must be recorded or filed to impart constructive notice of matters relating to the
Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other
recording or filing system, including any pertaining to environmental remediation or protection, planning,
permitting, zoning, licensing, building, health, public safety, or national security matters.
i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located.
The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, and Guam.
j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to
Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability
of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment
or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the
Proposed Insured.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good
faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF
FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted
to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed
Insured against the Company must be filed only in a State or federal court having jurisdiction.
Page 75 of 107
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by TITLE RESOURCES GUARANTY COMPANY. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—
Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this
Commitment.
d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY
SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A
COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE
TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO
PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION
CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000
or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Page 76 of 107
Privacy Policy Notice
Rev. 7/28/2022
FACTS WHAT DOES TITLEONE DO WITH YOUR PERSONAL INFORMATION?
Why?Financial companies choose how they share your personal information. Federal law gives consumers
the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,
share, and protect your personal information. Please read this notice carefully to understand what we
do.
What?The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
•Social Security number and account balances
•Payment history and credit card or other debt
•Checking account information and wire transfer instructions
When you are no longer our customer, we continue to share your information as described in this
notice.
How?All financial companies need to share customers’ personal information to run their everyday business.
In the section below, we list the reasons financial companies can share their customers’ personal
information; the reasons TitleOne chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does TitleOne share?Can you limit this sharing?
For our everyday business purposes – such as to
process your transactions, maintain your account(s),
respond to court orders and legal investigations, or
report to credit bureaus
Yes No
For our marketing purposes- to offer our products
and services to you
No We don’t share
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes-
information about your transactions and experiences
Yes No
For our affiliates’ everyday business purposes-
information about your creditworthiness
No We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Questions?Go to https://www.anywhereis.re/privacypolicy
1919 N. Pittsburgh St., Suite A
Kennewick, WA 99336
Ph. (509) 783-2101
Fx.
www.titleonecorp.com
Page 77 of 107
Who we are
Who is providing this notice?TitleOne
What we do
How does TitleOne
protect my personal information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures
include computer safeguards and secured files and buildings.
How does TitleOne
collect my personal information?
We collect your personal information, for example, when you
• Apply for insurance or pay insurance premiums
• Provide your mortgage information or show your driver’s license
• Give us your contact information
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Why can’t I limit all sharing?Federal law gives you the right to limit only
• Sharing for affiliates’ everyday business purposes –information about
your creditworthiness
• Affiliates from using your information to market to you
• Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to
limit sharing.
Definitions
Affiliates Companies related by common ownership or control. They can be financial
and nonfinancial companies.
•Our affiliates include companies that are owned in whole or in part by
Anywhere Real Estate Inc., such as Better Homes and Gardens® Real
Estate, CENTURY 21®, Coldwell Banker®, Coldwell Banker
Commercial®, The Corcoran Group®, ERA®, Sotheby's International
Realty®, ZipRealty®, Anywhere Advisors LLC, Cartus and Anywhere
Integrated Services LLC.
Nonaffiliates Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
•TitleOne does not share with nonaffiliates so they can market to you.
Joint Marketing A formal agreement between nonaffiliated financial companies that
together market financial products or service to you.
•TitleOne does not share with nonaffiliated financial companies for joint
marketing purposes.
Other Important Information
For European Union Customers Please see our Privacy Policy located at
https://www.anywhereis.re/privacypolicy
For our California Customers Please see our notice about the California Consumer Protection Act located
at https://www.anywhereis.re/privacypolicy
Page 2
Page 78 of 107
Rev. 2/14/2025
FACTS WHAT DOES TITLE RESOURCES GUARANTY COMPANY DO WITH YOUR PERSONAL
INFORMATION?
Why?Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how
we collect, share, and protect your personal information. Please read this notice carefully to
understand what we do.
What?The types of personal information we collect, and share depend on the product or service you have
with us. This information can include:
•Social Security number and account balances
•Payment history and credit card or other debt
•Checking account information and wire transfer instructions
When you are no longer our customer, we continue to share your information as described in this
notice.
How?All financial companies need to share customers’ personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their customers’
personal information; the reasons TITLE RESOURCES GUARANTY COMPANY chooses to
share; and whether you can limit this sharing.
Reasons we can share your personal
information
Does TITLE
RESOURCES
GUARANTY
COMPANY
share?
Can you limit this sharing?
For our everyday business purposes – such as to
process your transactions, maintain your account(s),
respond to court orders and legal investigations, or
report to credit bureaus
Yes No
For our marketing purposes- to offer our products
and services to you
No We don’t share
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes-
information about your transactions and
experiences
Yes No
For our affiliates’ everyday business purposes-
information about your creditworthiness
No We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Questions?Go to https://www.trguw.com/privacypolicy
Page 79 of 107
Page 2
Who we are
Who is providing this notice?TITLE RESOURCES GUARANTY COMPANY
What we do
How does TITLE RESOURCES
GUARANTY COMPANY protect
my personal information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include computer
safeguards and secured files and buildings.
How does TITLE RESOURCES
GUARANTY COMPANY collect
my personal information?
We collect your personal information, for example, when you
• Apply for insurance or pay insurance premiums
• Provide your mortgage information or show your driver’s license
Give us your contact information
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can’t I limit all sharing?Federal law gives you the right to limit only
•Sharing for affiliates’ everyday business purposes –information about your
creditworthiness
•Affiliates from using your information to market to you
•Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and
nonfinancial companies.
•Our affiliates include companies that are owned in whole or in part by
Anywhere Real Estate, Inc. (www.anywhere.re); Anywhere Integrated
Services, LLC (www.anywhereis.re); HomeServices of America, Inc.
(www.homeservices.com); Lennar Corporation (www.lennar.com); and
OpenDoor Technologies Inc.(www.opendoor.com)
Nonaffiliates Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
•TITLE RESOURCES GUARANTY COMPANY does not share with
nonaffiliates so they can market to you.
Joint Marketing A formal agreement between nonaffiliated financial companies that together
market financial products or service to you.
•TITLE RESOURCES GUARANTY COMPANY does not share with
nonaffiliated financial companies for joint marketing purposes.
Other Important Information
For European Union Customers
For our California Customers
Please see our Privacy Policy located at https://www.trguw.com/privacypolicy
Please see our notice about the California Consumer Protection Act located at
https://www.trguw.com/privacypolicy
Page 80 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
COMMITMENT FOR TITLE INSURANCE
Issued by
TITLE RESOURCES GUARANTY COMPANY
Issuing Office:TitleOne
ALTA® Universal ID:1065022
Commitment Number:25544662
SCHEDULE A
1.Commitment Date: April 17, 2025 at 07:30 AM
2.Policy or Policies to be issued:
X ALTA Loan Policy (7/1/21)Standard Coverage Policy Amount:$814,800.00
Proposed Insured:Premium:
Tax:
$967.00
$85.10
TBD
Endorsements: 9-06/22-06/8.1-06 $0.00
ALTA 13.1-06 - Leasehold, Loan $0.00
Charge:$0.00
3.The estate or interest in the Land at the Commitment Date is:
Leasehold
4.The Title is, at the Commitment Date, vested in:
Leasehold Estate as created by that certain unrecorded lease dated 1999, between the City of Pasco, as Lessor, and Boys and Girls Club of
Benton and Franklin Counties, a Washington nonprofit corporation as Lessee, whose interest was re-affirmed April 22, 2024 by unrecorded lease
5.The Land described as follows:
See Attached Schedule C
Title Resources Guaranty Company
TitleOne
By:
Melissa Sanders, Authorized Signatory
Page 81 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in
the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized,
executed, delivered, and recorded in the Public Records.
5. Instruments creating the estate or interest or mortgage to be insured must be properly executed, delivered and duly filed of record.
Pursuant to RCW's 65.04.45 & 65.04.47, the first page of each document must have a 3-inch top margin and a 1-inch side and bottom margins. All
succeeding pages must have a 1-inch margin on all sides of each page. No writing, including notary stamp is allowed within said
margins. Documents not conforming to these requirements may be recorded for an additional recording fee of $51.00, per document or may result in
a rejection by the recording department, pursuant to RCW 65.04.
The standard per page recording charge is $303.50, for the first page and $1.00, for each additional page including the cover sheets for all transfer
deeds. A $304.50, recording fee is for the first page for all Deeds of Trust and $1.00, for each additional page.
Reference should be made to the County Auditor for a complete list of recording fees and requirements.
6. The map attached, if any, may or may not be a survey of the land depicted hereon. TitleOne expressly disclaims any liability for loss or damage
which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions
of the title insurance policy, if any, to which this map is attached.
7. NOTE: According to the available records, the purported address of the land referenced herein is:
801 N 18th Ave, Pasco, WA 99301
8. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the Trustee is: TitleOne
9. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must
appear in the document(s) to be insured.
Abbreviated Legal: Portion of Old Emerson Elementary School Building located in Block 10, Stadium Park Addition
10. If the Company is requested to delete any exception from any forthcoming policy issued in connection with this commitment, the Company
requires satisfactory evidence that the corresponding matter has been reconveyed, satisfied, or otherwise terminated.
Page 82 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
11. NOTE: The Company has conducted a judgment and lien search of the public records, as of the effective date shown on Schedule A, against the
vested owner and/or the proposed insured owner/borrower. The Company has found no such items other than those shown on Schedule B, if any.
12. The Company will require delivery and approval of a Commercial Owner’s Affidavit. The Company may make additional requirements and
exceptions upon disclosure of the same.
13. The Company requires for its review a copy of the articles of incorporation and bylaws, a satisfactory resolution of the board of directors
authorizing the proposed transaction, a shareholders resolution where applicable, and a good standing certificate evidencing that Boys and Girls
Club of Benton and Franklin Counties is in good standing in the state of its incorporation. The Company may make additional requirements or
exceptions upon disclosure of the same.
14. NOTE: We find no conveyance documents appearing in the public records having been recorded within the last 24 months affecting the real
estate under search.
15. NOTE: No existing deed of trust or mortgage appears of record. If this information is in error, please notify your title or escrow officer with
information concerning any existing loans.
16. NOTE: General taxes for 2025 are paid.
Full Year Amount: $0.00
Assessed Value: $0.00
Parcel Number: 555-099-037
NOTE: Said taxes as billed for the current year reflect an exemption as allowed under RCW Chapter 84.36. Any change in ownership of said
premises during the current calendar year may result in a full assessment.
Page 83 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy
treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated,
removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will
include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is
disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met.
2. Rights or claims of parties in possession not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land, and that is not shown by the Public Records.
4. Easements, or claims of easements, not shown by the Public Records.
5. Any lien, or right to a lien, for services, labor, equipment, or materials heretofore or hereafter furnished, imposed by law and not shown by the
Public Records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings
whether or not shown by the records of such agency, or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title
to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
8. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
9. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, natural gas or other utilities,
or garbage collection and disposal.
10. Right-of-ways for pipelines, ditches, canals, flumes, if any cross said premises, together with the right to enter thereon for the purpose of repair
and maintenance thereof.
11. Easements, reservations, restrictions, and dedications as shown on the official plat of Pasco Improvement Company's First Addition to Pasco.
12. Exceptions and Reservations as contained in a/an Deed.
Executed by: United States of America
Recorded: November 4, 1929
Volume/Page: 48/611
Recording No.: 66037, records of Franklin County, Washington.
Page 84 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
13. Easements, Exceptions and Reservations as contained in a/an Deed.
Executed by: Franklin County Irrigation District No. 1
Recorded: December 30, 1940
Volume/Page: 56/182
Recording No.: 90204, records of Franklin County, Washington.
Easements, Exceptions and Reservations as contained in a/an Correction.
Recorded: June 10, 1952
Volume/Page: 78/298
Recording No.: 145564, records of Franklin County, Washington.
14. Terms and conditions contained in a/an Agreement by and between Franklin County Irrigation District No. 1, a municipal corporation and Edgar
M. Brown and Ida Brown, his wife.
Recorded: December 19, 1944
Volume/Page: 62/187
Recording No.: 101700, records of Franklin County, Washington.
15. Easements, Exceptions and Reservations as contained in a/an Deed.
Executed by: Franklin County Irrigation District No. 1, a corporation
Recorded: December 22, 1944
Volume/Page: 62/200
Recording No.: 101721, records of Franklin County, Washington.
16. Terms and conditions contained in a/an instrument.
Recorded: June 10, 1952
Volume/Page:: 78/300, records of Franklin County, Washington.
17. Easements, reservations, restrictions, and dedications as shown on the official plat of Stadium Park Addition.
18. Terms, provisions, covenants, conditions, restrictions and easements provided in a Declaration of Covenants, Conditions and Restrictions, but
omitting any covenants, conditions or restrictions, if any, to the extent that such violates 42 USC 3604 (c) or any other ordinance, statute or
regulation.
Recorded: July 22, 1952
Volume/Page: 78/481
Recording No.: 146464, records of Franklin County, Washington.
Amendments, supplements, annexations or modifications of said Covenants, Conditions, and Restrictions.
Recorded: February 9, 1954
Volume/Page: 83/443
Recording No.: 157002, records of Franklin County, Washington.
Amendments, supplements, annexations or modifications of said Covenants, Conditions, and Restrictions.
Recorded: March 10, 1954
Volume/Page: 83/673
Recording No.: 157584, records of Franklin County, Washington.
Page 85 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Amendments, supplements, annexations or modifications of said Covenants, Conditions, and Restrictions.
Recorded: April 15, 1954
Volume/Page: 84/189
Recording No.: 158127, records of Franklin County, Washington.
Amendments, supplements, annexations or modifications of said Covenants, Conditions, and Restrictions.
Recorded: April 28, 1987
Volume/Page: 223/129
Recording No.: 452154, records of Franklin County, Washington.
19. Terms and conditions contained in a/an Ordinance No. 242.
Recorded: May 20, 1953
Volume/Page: 16/22
Recording No.: 152774, records of Franklin County, Washington.
20. Terms and conditions contained in a/an Statutory Warranty Deed.
Recorded: March 17, 1954
Volume/Page: 84/20
Recording No.: 157698, records of Franklin County, Washington.
21. Terms and conditions contained in a/an Ordinance No. 828.
Recorded: December 6, 1954
Volume/Page: 16/416
Recording No.: 162907, records of Franklin County, Washington.
22. An easement, including the terms and conditions thereof, for the purposes shown below and rights incidental thereto as set forth in Right of Way
Easement.
Granted to: Public Utility District No. 1 of Franklin County, Washington, a municipal corporation
Purpose: electric distribution line or system, with all convenient or necessary appurtenances
Recorded: March 31, 1955
Volume/Page: 87/471
Recording No.: 166109, records of Franklin County, Washington.
23. All matters, and any rights, easements, interests or claims as disclosed by Record Survey recorded March 12, 1997 in Volume 2 of Surveys at
Page 302, as Recording No. 539619, records of Franklin County, Washington.
24. Exceptions and Reservations as contained in a/an Special Warranty Deed (Structure Only).
Executed by: Pasco School District No. 1, a public school district
Recorded: August 13, 1999
Recording No.: 1569120, records of Franklin County, Washington.
25. Terms and conditions contained in a/an Franchise Agreement.
Recorded: December 30, 2014
Recording No.: 1823479, records of Franklin County, Washington.
26. Any security interest in any goods which are or may become fixtures located on the subject premises created or existing under provisions of the
Uniform Commercial Code RCW 62A.
Page 86 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
27. Unrecorded leasehold, if any, and the rights of vendors and holders of security interests in personal property of tenants to remove said personal
property at the expiration of the term.
28. Rights of tenants in possession.
29. An unrecorded lease with certain terms, provisions, and any options or rights of first refusal set forth therein.
Disclosed by: Unrecorded lease agreement provided to this office
Dated: 1999
Lessor: City of Pasco, Washington, a municipal corporation
Lessee: Boys and Girls Club of Benton and Franklin Counties, a Washington nonprofit corporation
Renewal, Reassessment and Update of Lease.
Disclosed by: Unrecorded lease agreement provided to this office
Assignor: City of Pasco, Washington, a municipal corporation
Assignee: Boys and Girls Club of Benton and Franklin Counties, a Washington nonprofit corporation
Dated: April 22, 2024
(End of Exceptions)
Page 87 of 107
File Number: 25544662
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Title Resources Guaranty Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part
II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021)
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of
use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
SCHEDULE C
Legal Description:
That portion of the Old Emerson Elementary School building located in Block 10, Stadium Park Addition to Pasco, Franklin County, Washington,
described as follows:
Commencing at the center line of 18th Avenue and Nixon Street; thence along the center line of 18th Avenue North 37° 07' West a distance of
216.10 feet; thence South 75° 31' 07" East a distance of 108.60 feet to the Southwest corner of said School Building and the TRUE POINT OF
BEGINNING; thence around the building foundation by the following dimensions and right angles left or right:
Continuing South 75° 31' 07" East a distance of 76.1 feet to the Southeast corner; thence left 91.3 feet, left 17.3 feet, right 11.1 feet, right 5.6 feet,
left 11.3 feet, right 35.0 feet, left 25.4 feet, left 4.0 feet, right 59.4 feet, left 82.2 feet, right 9.1 feet, left 12.2 feet, right 12.1 feet to the most
Northeasterly corner of the Building; thence left 47.2 feet to the Northwest corner of the Building; thence left 27.2 feet, left 13.5 feet, right 102.2 feet,
left 32.7 feet, right 90.3 feet to the said Southwest building corner and the true point of beginning.
Situated in the City of Pasco, County of Franklin, State of Washington
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WH
COPY
ST
O
V
E
RE
F
.
DISH
ST
O
V
E
RE
F
.
DISH
CONCEPT BOY'S AND GIRL'S CLUBHOUSE - PASCO
ENTRY
NEW ELECTRICAL
SWITCH GEAR
NORTH
OFFICE
OFFICE
N
.
1
8
T
H
A
V
E
.
MIDDLE SCHOOL
HIGH SCHOOL
SHARED
COMMON
SPACE
GYM
KITCHEN
STOR
CAFETERIA
NEW TRASH ENCLOSURE
(PHASE 1)
RECEP
YOUTH GAMING
TECHNICAL LAB
PRE-SCHOOL
LEARNING CENTER
ART
FIRERISER
STORMULTI-PURPOSE
STOR
TEEN REMODEL
TEEN REMODEL
NEW HVAC SYSTEM
(PHASE 1)
21,200 SF
NEW ROOF MEMBRANE
& INSULATION
(PHASE 1)
23,600 SF
KITCHEN/CAFETERIA
RENOVATIONS
(PHASE 3)
1,700 SF
FUTURE
RESTROOM
UPGRADES
(PHASE 3)
350 SF
GYM IMPROVEMENTS
(PHASE 1)
3,750 SF
NEW ASPHALT
(PHASE 2)
6,700 SF
HIGH SCHOOL
TEEN REMODEL
(PHASE 2)
1,950 SF
MIDDLE SCHOOL
TEEN REMODEL
(PHASE 2)
1,900 SF
NEW MAIN ENTRY
(PHASE 1)
1,400 SF
NEW ASPHALT
(PHASE 1)
9,300 SF
FLOORING ABATEMENT
(PHASE 1)
2,500 SF.
NEW
PLAZA
NEW PLAZA
NEW MULTI-PURPOSE ROOM
(PHASE 1)
1,300 SF
NEW FIRE RISER
(PHASE 1)
21,200 SF
EXTERIOR PAINT
(PHASE 1)
+/- 16,000 SF
STOR RR RR RR
RR
RRRR
RR
RR
RR
RR
BOILER
RR
RR
WORK
PROJECT
LOCATION
COLU
M
B
I
A
R
I
V
E
R
HI
G
H
W
A
Y
3
9
5
HIGHWAY 182
W L
E
W
I
S
S
T
N
2
0
T
H
A
V
E
.
W SYLVESTER ST.
W COURT ST.
BOYS & GIRLS CLUB ENHANCEMENTS
801 N 18TH AVE. PASCO WASHINGTON 99301
PASCO CLUBHOUSE
1ORTH
PHASE 1 PHASE 2 PHASE 3
2023-2024
$4.5 Million
2024-2026
$2.0 Million
2027-2028
$1.5 Million
Page 102 of 107
PROMISSORY NOTE-Leasehold
Boys & Girls Clubs of Benton and Franklin Counties $814,800.00 Pasco, WA
Date:
FOR VALUE RECEIVED, Boys & Girls Clubs of Benton and Franklin Counties (“Grantee”), a Washington Nonprofit
Corporation, promises to pay in lawful money of the United States of America, to the order of Washington State
Department of Commerce, Community Capital Facilities or its successor agency (“Grantor”) at 1011 Plum Street, SE,
Post Office Box 42525, Olympia, Washington 98504-2525, the principal sum of Eight Hundred Fourteen Thousand Eight
Hundred and 00/100 dollars ($814,800.00) or so much thereof as may be advanced hereunder.
This Note is subject to the terms and conditions of the Community Capital Facilities Unit Grant Agreement, Grant
Number 24-96647-200 (“Contract”) executed between the Grantee and the Grantor pursuant to which Grantor has
awarded Grantee funds for the purposes outlined in the Contract (the “Award”). Disbursement of the funds evidenced
by this Note is to be made subject to the terms and conditions of the Contract. Grantee agrees that a schedule of the dates
and amounts of advances and repayments on this Note certified by an officer of Grantor shall be conclusive evidence for
all purposes of such dates and amounts. All amounts payable hereunder shall be paid without any set-off or deduction
of any nature.
Grantor has no expectation of repayment of the Award so long as the award funds are used according to the conditions
set out in the Contract. If the Award is not used as required by the Contract for a period of ten (10) years as required in
the Contract, Grantor shall be entitled to the unpaid principal balance of this Note with interest at a rate of 5%, per annum.
In case Grantee defaults under this Note, Grantee agrees to pay all of Grantor’s costs of collection, including but not
limited to, reasonable attorney’s fees incurred by Grantor or the holder of this Note whether or not suit is instituted. If
any legal proceedings are instituted relating to this Note, including without limitation any arbitration, bankruptcy, trial,
or appellate proceedings, Grantee will pay Grantor’s costs, including reasonable attorney’s fees in all such proceedings.
Grantee hereby waives presentment and demand for payment, notice of dishonor, protest, notice of protest, and any other
notice not specifically required by the Contract.
This Note is secured by a Leasehold Deed of Trust covering property situated in Franklin County, Washington, and
shall be construed, enforced and otherwise governed by the laws of the State of Washington.
Notwithstanding anything to the contrary herein, Grantee’s respective officers, employees, agents and contractors
shall have no personal liability for payment of the indebtedness evidenced hereby or performance of the covenants set
forth in this Note, or in the Contract, and the recourse of the holder hereof shall be confined to the exercise of its rights
under the Contract and Deed of Trust, provided that nothing shall diminish the Grantee’s liability for damages or
deficiencies resulting from theft, waste, fraud, material misrepresentation or misuse of rents by Grantee’s assigns or
respective officers, employees, agents and contractors.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON
LAW.
The individual, by signing below, warrants that he/she has the authority to sign this Note.
Boys & Girls Clubs of Benton and Franklin Counties,
a Washington Nonprofit Corporation
By:
Printed Name
Title:
Page 103 of 107
AGENDA REPORT
FOR: City Council July 17, 2025
TO: Pete Serrano, Mayor City Council Regular
Meeting: 7/21/25
FROM: Eric Ferguson, City Attorney
City Manager
SUBJECT: Resolution No. 4626 - Approving the Employment Agreement for the
position of City Manager (2 minute staff presentation)
I. ATTACHMENT(S):
Resolution
Employment Agreement - Will be provided at the Council Meeting
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4626, approving the Employment
Agreement for the position of City Manager.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City of Pasco is in need of hiring a permanent City Manager; the Council
hired a recruiting firm to perform a nationwide search for City Manager
candidates. After an open, competitive interview process, and due
consideration, the City Council will determine the best choice to become the
City Manager of the City of Pasco.
V. DISCUSSION:
Recommend Council select its preferred finalist candidate and approve the
resolution.
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Resolution – Approving the Employment Agreement for the position of City Manager - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER.
WHEREAS, the City of Pasco is a non-charter, optional municipal code city organized
under the council-manager form of government; and
WHEREAS, the City of Pasco needs to hire a permanent City Manager; and
WHEREAS, the City Council hired a recruiting firm to perform a nationwide search for
City Manager Candidates; and
WHEREAS, the Council has made the choice of the City Council to become the City
Manager of the City of Pasco; and
WHEREAS, the City desires to execute the recommended Employment Agreement with
the selected Candidate to serve as City Manager, and he desires to accept the position as the City
Manager for the City of Pasco.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
After an open, competitive interview process, and due consideration, the City Council
hereby authorizes the Mayor of the City of Pasco to sign and execute the Employment Agreement
Between the City of Pasco and the selected Candidate for the position of City Manager, a copy of
which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ____ day of
____________, 2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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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
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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
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