HomeMy WebLinkAbout4696 Resolution - Broetje Orchards Helena 1 Water Developer Reimbursement Agr
Resolution – Helena 1 Water DRA (Latecomer) - 1
RESOLUTION NO. 4696
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING A UTILITY DEVELOPER REIMBURSEMENT
(LATECOMER) AGREEMENT WITH BROETJE ORCHARDS, LLC, FOR THE
CONSTRUCTION OF WATER UTILITY IMPROVEMENTS FOR HELENA 1,
A RESIDENTIAL SUBDIVISION.
WHEREAS, RCW 35.91 and Section 14.25 of the Pasco Municipal Code (PMC) provides
a statutory framework for developers to enter developer reimbursement agreements when the
developer, as a condition of development, pays the costs of necessary infrastructure improvements;
and
WHEREAS, Broetje Orchards, LLC has submitted a complete and accurate application
for a street system developer reimbursement agreement; and
WHEREAS, the City shall also provide notice of its preliminary assessment
reimbursement area (those to repay the latecomer debt) to provide the property owners within the
preliminary assessment area the opportunity to request the matter be submitted to a public hearing,
within 20 days of date of mailing of the notice, before Council action; and
WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to
the property owners within the preliminary reimbursement area on October 29, 2024, and did not
receive in writing a request for a hearing before council; and
WHEREAS, utility improvements include infrastructure projects related to City water,
sewer, and storm sewer which is required to be constructed as a prerequisite of continued
development; and
WHEREAS, utility developer reimbursement agreements shall meet the development
criteria as detailed in the PMC Subsection 14.25.030(3)(b); and
WHEREAS, Broetje Orchards, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to execute the developer reimbursement agreement
for utility system improvements, a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the City Manager be authorized to make minor substantive
changes to the developer reimbursement agreement as needed.
Resolution – Helena 1 Water DRA (Latecomer) - 2
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of January,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks, CMC Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 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.: Parcel# 113-881-024 AGRMT2024-013w
Legal Description: WASHINGTON ADD ALL BLK 5 TOGETHER WITH VACATED STREETS AND
ALLEYS PER ORD 4646
CITY OF PASCO
DEVELOPER REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of___________, 2026,
by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter
referred to as “City”, and Broetje Orchards LLC, their successors and assigns, hereinafter referred
to as “Developer”; and
WHEREAS, RCW Chapter 35.91 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 Utility 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:
The installation of 761 linear feet of 8” ductile iron pipe including all
appurtenances commencing at a tee connection in the intersection of Helena
St. and Sprague Ave. thence running south through Sprague Ave.
approximately 419 feet thence heading to the southwest approximately 40
feet thence heading west for approximately 302 feet through Estrella Dr.
connecting to an 8” tee in the intersection of Estrella Dr. and Eureka Ave.
2. 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.
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 2 of 9
3. 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 C.
4. 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 completion and project acceptance by council the City will
thereafter own and operate said facilities subject to all of the laws and regulations, fees and
assessments of City.
5. 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.
6. City and Developer agree that the City’s contributions to the total project costs is or will be
valued at $0, which includes costs for the design, construction engineering, inspection,
construction, administrative, legal and other costs attributable to the project.
7. City and Developer agree that the Total Assessment is attributed to the Assessment Area
is shown in Exhibit A. 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.
8. The facilities subject to this Agreement are included within the City's comprehensive utility
plan, and no additional comprehensive plan approval for the utility system improvements
was required.
9. Execution of this Agreement is conditioned upon:
Inspection and approval of the utility system improvements by the City;
A. 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.
B. 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.
C. City verification and approval of all contracts and costs related to the utility system
improvements; and
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 3 of 9
D. Within one hundred and twenty (120) days of the completion of the utility system
improvements, Developer must submit the total actual cost of the utility system
improvements to the City.
10. Developer agreements associated with utility system improvements shall be valid for a
period not to exceed 20 years from the effective date of the agreement.
While a developer agreement is valid, any person, firm or corporation now or hereafter
owning benefitted properties described below, or segregated parcels thereof, desiring to
connect to the described facilities, shall first pay their pro-rata share of the total cost of the
facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit
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.
11. 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.
12. 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.
13. 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.
14. 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:
Broetje Orchards LLC
3713 E A Street
Pasco, WA. 99301
15. 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
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 4 of 9
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.
16. 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.
17. 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.
18. Developer hereunder is an independent contractor and is not an agent or employee of City.
19. The contract must be recorded in the appropriate county auditor's office within 30 days of
its final execution.
20. 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.
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 5 of 9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF PASCO, WASHINGTON
Herald L. Stewart II – City Manager
DEVELOPER – BROETJE ORCHARDS LLC
Ralph Broetje, Co-Founder
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
City Attorney
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 6 of 9
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me Harold L. Stewart II, 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 ______________, 2026.
________________________________________
(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 Ralph Broetje for Broetje Orchards 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 _____________, 2026.
________________________________________
(Seal) Notary Public in and for the State of Washington
Print Name: _____________________________
Residing at ______________________________
My Commission Expires: ___________________
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 7 of 9
EXHIBIT A
Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 8 of 9
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Broetje Orchards LLC
Developer Services Agreement
Version 08.12.2025 Page 9 of 9
EXHIBIT C
BENEFITTING AREA
Developer Area
113-881-024
WASHINGTON ADD ALL BLK 5 TOGETHER WITH VACATED STREETS AND ALLEYS
PER ORD 4646
113-882-042
ALL OF BLOCKS 11 & 12 WASHINGTON ADDITION TOGETHER WITH VACATED
STREETS AND ALLEYS ADJ PER ORD 4646-1973182
Assessment Area
113-882-096
WASHINGTON ADD LOTS 25 TO 32, BLK 6 TOGETHER WITH VACATED STREETS AND
ALLEYS ORD-4648 AFN1973865
113-882-121
WASHINGTON LOTS 17 TO 24, BLK 6 TOGETHER WITH VACATED STREETS AND
ALLEYS ORD-4648 AFN1973865
113-882-112
WASHINGTON LOTS 9 THRU 16, BLK 6 TOGETHER WITH VACATED STREETS AND
ALLEYS ORD-4648 AFN1973865