HomeMy WebLinkAbout4725 Resolution - Irrigation Agreement SG Irrigation Services LLCResolution – Irrigation Agreement 5G Services LLC - 1
RESOLUTION NO. 4725
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE IRRIGATION
UTILITY TRANSFER AGREEMENT WITH SG IRRIGATION SERVICES
LLC
WHEREAS, the Private Irrigation Utility Provider serves approximately 115 acres of
property in the Southeast quarter of Section 6, Township 09, Range 29, situated within
Franklin County, Washington and as shown in EXHIBIT A, hereinafter referred to as
“Property,” and has received and/or will receive preliminary plat approval for the
development in all its phases; and
WHEREAS, the Property is situated within the City; and
WHEREAS, the Private Irrigation Utility Provider currently has a Municipal and
Industrial (M&I) Water Service Contract from the United States Bureau of Reclamation
(USBR), approved by the South Columbia Basin Irrigation District (SCBID), in the
amount of 120 acre-feet per year, and these waters are piped to the Property; and,
WHEREAS, the Private Irrigation Utility Provider planned to use the SCBID
contracted irrigation water delivery for lawn and landscape maintenance for the existing
and proposed development; and
WHEREAS, the Private Irrigation Utility Provider is required to provide an
irrigation system for the proposed development that meets the City’s Design and
Construction Standards; and
WHEREAS, upon the completion of the required irrigation system and subsequent
connection to the City’s irrigation system, the Private Irrigation Utility Provider wishes to
dedicate the irrigation infrastructure, excluding the pump infrastructure; and
WHEREAS, separate and apart from this agreement, the City is currently working
with USBR and SCBID on a plan to provide an additional source of irrigation water to be
added to the City’s irrigation system to serve residents in the northwest area of the City
including the subject Property; and
WHEREAS, upon completion of the City’s irrigation infrastructure associated with
supplying USBR/SCBID M&I water to the Property and connecting to the City’s irrigation
system by the Private Irrigation Utility Provider, the City will take ownership of the
proposed irrigation system constructed by the Private Irrigation Utility Provider for the
residential development on the subject Property, and, after final plat approval and
connecting to City’s irrigation system, Private Irrigation Utility Provider must remove the
pump infrastructure necessary to serve the Property only after connecting to the City
Resolution – Irrigation Agreement 5G Services LLC - 2
irrigation system and disconnect potable water system from irrigation system, if it exists;
and,
WHEREAS, the parties agree the dedication of irrigation infrastructure, payment
of connection fees and assignment of the water rights are necessary and proportionate to
the anticipated impacts of the proposed development and satisfied the preliminary plat
condition to ensure the Property has the necessary irrigation water and infrastructure.
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
Utility Transfer Agreement with SG Irrigation Services LLC, and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is
hereby authorized, empowered, and directed to execute said Financing Agreement on behalf of
the City of Pasco, and
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 6th day of April,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Barker Ranch Irrigation Utility Transfer Agreement - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
______________________________________________________________________
IRRIGATION UTILITY TRANSFER AGREEMENT
THIS IRRIGATION UTILITY TRANSFER AGREEMENT entered into
this ___ day of __________, 202_, by and between SG Irrigation Services LLC,
hereinafter referred to as “Private Irrigation Utility Provider,” and the City of Pasco,
Washington, a Municipal Corporation, hereinafter referred to as “City.”
WHEREAS, the Private Irrigation Utility Provider serves approximately 115
acres of property in the Southeast quarter of Section 6, Township 09, Range 29,
situated within Franklin County, Washington and as shown in EXHIBIT A, hereinafter
referred to as “Property,” and has received and/or will receive preliminary plat approval
for the development in all its phases; and
WHEREAS, the Property is situated within the City; and
WHEREAS, the Private Irrigation Utility Provider currently has a Municipal
and Industrial (M&I) Water Service Contract from the United States Bureau of
Reclamation (USBR), approved by the South Columbia Basin Irrigation District
(SCBID), in the amount of 120 acre-feet per year, and these waters are piped to the
Property; and,
WHEREAS, the Private Irrigation Utility Provider planned to use the SCBID
contracted irrigation water delivery for lawn and landscape maintenance for the existing
and proposed development; and
WHEREAS, the Private Irrigation Utility Provider is required to provide an
irrigation system for the proposed development that meets the City’s Design and
Construction Standards; and
WHEREAS, upon the completion of the required irrigation system and
subsequent connection to the City’s irrigation system, the Private Irrigation Utility
EXHIBIT A
Barker Ranch Irrigation Utility Transfer Agreement - 2
Provider wishes to dedicate the irrigation infrastructure, excluding the pump
infrastructure; and
WHEREAS, separate and apart from this agreement, the City is currently
working with USBR and SCBID on a plan to provide an additional source of irrigation
water to be added to the City’s irrigation system to serve residents in the northwest area
of the City including the subject Property; and
WHEREAS, upon completion of the City’s irrigation infrastructure associated
with supplying USBR/SCBID M&I water to the Property and connecting to the City’s
irrigation system by the Private Irrigation Utility Provider, the City will take ownership
of the proposed irrigation system constructed by the Private Irrigation Utility Provider
for the residential development on the subject Property, and, after final plat approval
and connecting to City’s irrigation system, Private Irrigation Utility Provider must
remove the pump infrastructure necessary to serve the Property only after connecting to
the City irrigation system and disconnect potable water system from irrigation system, if
it exists; and,
WHEREAS, the parties agree the dedication of irrigation infrastructure,
payment of connection fees and assignment of the water rights are necessary and
proportionate to the anticipated impacts of the proposed development and satisfied the
preliminary plat condition to ensure the Property has the necessary irrigation water and
infrastructure.
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein, the parties agree as follows:
1. Private Irrigation Utility Provider Obligations. Private Irrigation Utility
Provider shall:
A. Provide the complete design of all City required improvements
for private development including the proposed irrigation infrastructure
improvements by a Professional Engineer registered to practice engineering in
the State of Washington. All work shall be in accordance with the current City
requirements, and standards and specifications, including any applicable or
referenced State and Federal requirements and standards. The engineering
design, construction plans, and specifications shall be submitted to the City for
review and/or approval at the final stages of design.
B. From the design, as approved by the City, construct all required
irrigation infrastructure improvements in accordance with applicable City, State,
and Federal standards and specification requirements.
Barker Ranch Irrigation Utility Transfer Agreement - 3
C. Be responsible for all costs of the project including but not
limited to expenses relating to engineering, design, administration, legal,
materials, labor, permits, reviews, inspections and/or approvals from all
applicable jurisdictions, and any other project-related costs.
D. Be responsible for transferring sufficient water rights to serve
with irrigation the development (or corresponding phases of it) or, providing in
lieu payment for such amount in accordance with PMC 13.15.030, within thirty
(30) days of execution of this contract.
E. Be responsible for irrigation connection fee payment as stated on
PMC 3.35.220 for each individual customer of the Private Irrigation Utility
Provider. Payments shall be made within thirty (30) days of execution of this
contract.
F. Obtain and/or execute all necessary documents, permits,
easements, agreements, and checklists necessary for the permitting,
construction, and conveyance of all required irrigation infrastructure
improvements described above and for the performance of this Agreement.
2. City Obligations. City shall:
A. Upon satisfactory completion and inspection of the irrigation
improvements, and satisfactory connection to the City’s irrigation supply
system, accept the dedication of the irrigation infrastructure improvements,
accept ownership and begin operation of the system. Maintenance
responsibilities will be transferred effectively 1 year after operation of the
system by the City began.
3. Term. This Agreement shall be effective commencing on the ______ day of
__________, 2026, and all improvements, conveyances, and obligations of the
parties with regard to the present agreement, shall be completed on or before the
___ day of _____________, 2026.
4. Plat Phasing. Obligations as they pertain to the irrigation water delivery system
is allowed to be phased consistent with any plat phasing which might be
approved for the development. Nothing herein shall be interpreted to limit the
ability of the Private Irrigation Utility Provider to transfer a quantity of water
greater than that necessary to serve the phase for which final plat approval is
sought, and any amount transferred in excess of the quantity necessary to serve a
phase may be counted towards satisfaction of Private Irrigation Utility
Provider’s obligation to provide water for future phases.
Barker Ranch Irrigation Utility Transfer Agreement - 4
5. Authority to Approve Agreement. The parties represent and warrant that all
steps necessary for the approval of this Agreement have been completed by:
A. SG Irrigation Services LLC
Jennifer Parker Controller
105609 Wiser Way
Kennewick, WA 99352
B. City of Pasco
Harold Stewart
City Manager
525 N 3rd Avenue
Pasco, WA 99301
The officers signing below are authorized to do so and the execution of this
Irrigation Utility Transfer Agreement is valid and binding for all purposes.
6. General Provisions.
A. This Irrigation Utility Transfer Agreement constitutes the entire
agreement between the parties, and no prior oral or written agreement shall be
valid, and any modifications of this Agreement must be in writing signed by all
parties.
B. This Irrigation Utility Transfer Agreement shall be binding on the
parties, and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
7. Dispute Resolution. 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, 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 each other. The parties stipulate that Franklin County Superior
Court is the appropriate venue, should judicial relief be required. Any disputes shall be
governed by the laws of the State of Washington.
8. Mutual Cooperation and Further Agreements. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the irrigation water infrastructure improvements
which are the object of this Agreement and the transfer of property, and to further sign
Barker Ranch Irrigation Utility Transfer Agreement - 5
all documents, deeds, and permits that are reasonably necessary to accomplish the
purposes of this Agreement.
DATED this _____ day of_______________, 202_.
City of Pasco, Washington:
By: _______________________________
Title: _______________________________
City Manager
City of Pasco
525 N. 3rd Avenue
Pasco, WA. 99301
STATE OF WASHINGTON )
: ss
COUNTY OF FRANKLIN )
On this day personally appeared before me _________________,
____________ 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 ______________, 202_.
________________________________________
Notary Public in and for the State of Washington
Residing at _______________________________
My Commission Expires: ____________________
ATTEST:
____________________________
City of Pasco City Clerk
Barker Ranch Irrigation Utility Transfer Agreement - 6
APPROVED AS TO FORM:
____________________________
City of Pasco City Attorney
Barker Ranch Irrigation Utility Transfer Agreement - 7
Private Irrigation Utility Provider:
By: __________________________________
Title: __________________________________
Address: __________________________________
__________________________________
STATE OF )
: ss
COUNTY OF )
On this day personally appeared before me _________________, to me known
to be the Private Irrigation Utility Provider, that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act of and deed of said
limited liability company, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________202_.
____________________________________________
NOTARY PUBLIC in and for the State of Oregon
Residing at: __________________________________
My Commission Expires: _______________________
Barker Ranch Irrigation Utility Transfer Agreement - 8
EXHIBIT A
Private Irrigation Utility