HomeMy WebLinkAbout4631 Resolution - Barker Road 104 Dev Reimbursment Agr
Resolution – Dev Reimbursement Agr. RP Development LLC – Road 104 - 1
RESOLUTION NO. 4631
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING A STREET SYSTEM DEVELOPER REIMBURSEMENT
(LATECOMER) AGREEMENT WITH RP DEVELOPMENT, LLC FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS OF ROAD 104.
WHEREAS, RCW 35.72 and Section 14.25 of the Pasco Municipal Code (PMC) provides
a statutory framework for developers to enter into Developer Reimbursement Agreements when
the developer, as a condition of development, pays the costs of necessary infrastructure
improvements; and
WHEREAS, RP Development, LLC has submitted a complete and accurate application
for a street system Developer Reimbursement Agreement; and
WHEREAS, PMC Subsection 14.25.030(4) requires the Public Works Director, within 28
days of receipt of a Developer Reimbursement Agreement application to provide notice to the
developer whether the application is complete or needs to be supplemented or amended within 30
days of such notice unless extended within the Public Works Director discretion; and
WHEREAS, the City shall provide notice of its intent to participate in any Developer
Reimbursement Agreement to the public; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the developer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before Council action; and
WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to
the property owners within the preliminary reimbursement area on February 10, 2023, and did not
receive in writing a request for a hearing before Council; and
WHEREAS, street system improvements include infrastructure projects related to City
transportation network which is required to be constructed as a prerequisite of continued
development; and
WHEREAS, street Developer Reimbursement Agreements shall meet the development
criteria as detailed in the PMC Subsection 14.25.030(2)(b); and
WHEREAS, RP Development, LLC agrees to payment of project costs, including legal
and administrative costs, as set forth in the Developer Reimbursement Agreement, attached hereto
as Exhibit A.
Resolution – Dev Reimbursement Agr. RP Development LLC – Road 104 - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Interim City Manager is authorized to execute the Developer Reimbursement
Agreement for street system, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the Interim City Manager be authorized to make minor
substantive changes to the Developer Reimbursement Agreement as needed.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 4th day of August,
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
2025.
_____________________________
Pete Serrano
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk City Attorneys
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 1 of 9
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
Developers Tax Parcel No.: 115180078 AGRMT2022-008
Additional Parcels and Full Legal Descriptions attached hereto as Exhibit A
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of _______________, 2025,
by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter
referred to as “City”, and RP Development, LLC, their successors and assigns, hereinafter referred
to as “Developer”; and
WHEREAS, RCW Chapter 35.72 and PMC 14.25 authorize contracts between a
municipality and the owners of real estate within the municipality’s corporate limits or within ten
(10) miles of the municipality’s corporate limits, who construct Street facilities to serve their own
properties and other properties, whereby such owners and municipalities may be reimbursed by
the owners of other real property who did not contribute to the original cost of the construction of
the facilities, but who later desire to connect their properties to said facilities.
NOW, THEREFORE, the parties hereby mutually agree as follows:
1. Developer has constructed the following described extension of City’s facilities:
A ¾ roadway section of Road 104 R/W beginning at the existing edge of pavement
on the northern side of Burns Road and extending approximately 873’ north,
terminating at the northern property line of Franklin County Parcel No. 115180078.
The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has supplied
City with reproducible as-built drawings regarding the facilities.
Exhibit A to Resolution 4631
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 2 of 9
The improvements have been constructed in accordance with plans and
specifications approved by City prior to construction and Developer has supplied
City with reproducible as-built drawings regarding the facilities.
2. In addition to serving properties owned by Developer at the outset of construction, the
facilities constructed will also serve the following described parcels of real property, and
any subdivisions of such parcels, that did not contribute to the cost of the facilities
construction, hereinafter referred to in aggregate as the "Assessment Area", which is
determined at the sole discretion of the City, and which are identified and legally described
in Exhibit A.
3. As the facilities have been construction in accordance with City Codes and Standards,
applicant obtained all permits required by the City’s Codes and Standards. The work is
physically complete and inspected by the City as required by the Public Works Director,
or his designee. Developer agrees to convey such facilities to City for the consideration and
benefits of City. Upon issuance of Warranty Letter the City will thereafter own and operate
said facilities subject to all of the laws and regulations, fees and assessments of City.
4. City and Developer agree that Developer’s contributions to the total project costs is shown
in Exhibit B, which is allowed by statute to include costs for the design, construction
engineering, inspection, construction, administrative, legal and other costs attributable to
the project.
5. City and Developer agree that the City’s contributions to the total project costs is or will be
valued at $0.00, which includes costs for the design, construction engineering, inspection,
construction, administrative, legal and other costs attributable to the project.
6. City and Developer agree that the Total Assessment that is attributed to the Assessment
Area is shown in Exhibit C. City and Developer agree that Developer is entitled to a
potential total reimbursement, less any collection charges deducted by the City, of a
maximum of total assessment as shown in Exhibit B.
7. The facilities subject to this Agreement are included within the City's Transportation
System Master Plan, and no additional approval for the street improvements was required.
8. Execution of this Agreement is conditioned upon:
A. Inspection and approval of the utility system improvements by the City;
B. Full compliance with the Developer’s obligations under this Agreement and with the
City’s rules and regulations with respect to the project described in Section 1.
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 3 of 9
C. The Developer shall pay all of the City’s costs associated with processing this
latecomer agreement including, but not limited to, engineering costs as set forth in
Chapter 3.35 PMC, and the actual legal, recording, and administration costs.
D. City verification and approval of all contracts and costs related to the utility system
improvements; and
E. Within one hundred and twenty (120) days of the completion of the street
improvements, Developer must submit the total actual cost of the street improvements
to the City.
9. Developer agreements associated with street system improvements shall be valid for a
period not to exceed 15 years from the effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now or hereafter
owning benefitted properties described below, or segregated parcels thereof, desiring to
connect to the described facilities, shall first pay their pro-rata share of the total cost of the
facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit
B. The individual Assessment associated with each parcel of benefited property described
in this Agreement shall be charged to the property owner as shown in Exhibit B.
10. No person, firm or corporation shall be granted a permit or be authorized by City to connect
to or use the referenced facilities during the period of time prescribed in Paragraph 10
above without first paying to City, in addition to any and all other costs, assessments and
charges made and assessed for such tap or use, the amount required by the provisions of
this contract.
11. The City shall deduct from all assessment reimbursement payments it collects; an amount
(collection charge) as designated in Pasco Municipal Code (“PMC”) 3.35.180 to cover its
administrative collection costs. After deduction of the collection charge, each
reimbursement assessment payment will be disbursed to the Developer according to the
terms of this Agreement. Any amounts so collected during the time period in Paragraph
10 above by City and due to Developer, shall be remitted to Developer or assigns within
sixty (60) days of the receipt thereof, in accordance with this Agreement.
12. Developer agrees to indemnify, defend and hold the City harmless from any action, claim
or proceeding brought or maintained by any property owner challenging the validity or
enforceability of this Agreement. In turn, the City agrees to cooperate with the Developer
in the course of any such claim, proceeding or action to provide reasonable and lawful
access to City records and witnesses.
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 4 of 9
13. Any funds collected by City and payable to Developer in accordance with the terms of this
contract shall be remitted to Developer at the following address:
Paul Lavrentiev
RP Development, LLC
105609 Wiser Parkway
Kennewick, WA 99338
14. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer shall provide to
the City in writing every two (2) years from the date this Agreement was executed,
information regarding the current contact name, address, and telephone number of the
person, company or partnership that originally entered into the Agreement. If the
Developer fails to comply with the notification requirements within sixty (60) days of the
specified time, then City may collect any reimbursement funds owed to the Developer
under this Agreement, and such funds shall be deposited into the capital expenditure
account of the City’s utility or street fund.
15. If prior to the expiration of one (1) year after the date of conveyance of the facilities by
Developer to City (issuance of Warranty Letter), any work is found to be defective,
Developer shall promptly and without cost to City, either correct such defective work or,
if it has been rejected by City, remove and replace it with non-defective work. If Developer
does not promptly comply with the terms of such instructions, City may have the defective
work corrected or the rejected work removed and replaced and all direct and indirect costs
of such removal and replacement, including compensation for professional services, shall
be withheld from the reimbursement assessment payments that are due to Developer.
16. Developer agrees that once the City has collected all amounts under this Agreement, up to
a maximum as shown in Exhibit B of this Agreement and remitted such amount (less any
collection charges) to Developer, that City shall remit to Developer no further payments
under this contract.
17. Developer hereunder is an independent contractor and is not an agent or employee of City.
18. The contract must be recorded in the appropriate county auditor's office within 30 days of
its final execution.
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 5 of 9
19. In the event of a dispute between the parties regarding the interpretation, breach or
enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve
the dispute by themselves or with the assistance of a mediator. The remaining dispute shall
be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review,
with the substantially prevailing party being awarded its reasonable attorney fees and costs
against the other.IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF PASCO, WASHINGTON
Dave Zabell, Interim City Manager
DEVELOPER - RP Development, LLC
Name ____________________________________
Title ____________________________________
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 6 of 9
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Dave Zabell, Interim City Manager of the City
of Pasco, Washington, described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of ______________, 2025.
________________________________________
(Seal) Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at ______________________________
My Commission Expires: ___________________
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me ____________________, for RP Development,
LLC, to be known to be the individual described in and who executed the within and foregoing
instrument and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this ___ day of _____________, 2025.
________________________________________
(Seal) Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at ______________________________
My Commission Expires: ___________________
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 7 of 9
EXHIBIT A
DEVELOPERS PARCEL
115-180-078
RETIRED 5/9/24* NEW 115-180-301 THRU 115-180-403 SHORT PLAT 2020-22 LOT
5
BENEFITTING PARCELS
115-180-069
THAT PARCEL OF LAND BEING A PORTION LOT 3 OF SHORT PLAT 2019-09 AS
RECORDED UNDER VOLUME 2 OF SHORT PLATS AT PAGE 246, RECORDS OF
FRANKLIN COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH,
RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS; SAID LOT 3 EXCEPT THE FOLLOWING DESCRIBED
PORTION THEREOF; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3;
THENCE SOUTH 89°22’40” WEST ALONG THE SOUTH LINE OF SAID LOT 3, 106.59
FEET; THENCE NORTH 00°37’20” WEST, 64.00 FEET; THENCE SOUTH 89°22’40”
WEST, 16.19 FEET; THENCE NORTH 00°56’46” EAST, 465.07 FEET; THENCE NORTH
89°25’51” EAST, 35.64 FEET; THENCE NORTH 00°34’09” WEST, 48.97 FEET TO THE
NORTH LINE OF SAID LOT 3; THENCE NORTH 89°25’51” EAST ALONG THE NORTH
LINE OF SAID LOT 3, 90.11 FEET TO THE NORTHEAST CORNER THEREOF; THENCE
SOUTH 00°56’22” WEST ALONG THE EAST LINE OF SAID LOT 3, 577.96 FEET TO
THE POINT OF BEGINNING; ADJ LOT 3 PER RS-1970842
115-180-055
N2SE4SE4 6-9-29 EXC PTN FOR CO RD R/W (1729792)
RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 8 of 9
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RP DEVELOPMENT LLC
BARKER RANCH RD 104 STREET AGRMT2022-008
Developer Services Agreement
Version 2.19.2025 Page 9 of 9
EXHIBIT C