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HomeMy WebLinkAbout2007.12.10 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. December 10,2007 1. CALL TO ORDER 2, VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Sentencing Alternatives. (NO WRITTEN MATERIAL ON AGENDA) Presented by Judge Mary Ramirez, Municipal Court Judge. (b) Corridor Enhancement Study Committee: 1. Agenda Report from Gary Crutchfield, City Manager dated December 7,2007. 2. Resolution No. 2215. 3. Proposed Resolution. (c) Water Use Efficiency Goals: 1. Agenda Report from Doyle L. Heath, Utility Engineer dated December 4, 2007. 2. Water Management Plan. (d) Disposal of Abandoned Shopping Carts: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated November 15, 2007. 2. Proposed Resolution. 3. Memo from City Attorney. (e) 2007 Sewer Lining Project No. 07-1-04: 1. Agenda Report from Michael McShane, City Engineer dated November 28,2007. 2. Bid Summary. 3. Vicinity Map. (f) Truck Route Ordinance Revision: 1. Agenda Report from Michael McShane, City Engineer dated November 30, 2007, 2. Map. 3. Ordinance. (g) Deed for Street Right-of-Way(2517 W. Sylvester Street)(MF#INF07-076): 1. Agenda Report from David 1. McDonald, City Planner dated December 6, 2007. 2. Deed for a Portion of West Sylvester Street. 3. Vicinity Map. (h) Deed for Future Street Right-of-Way(MF#INF07-075): 1. Agenda Report from David 1. McDonald, City Planner dated December 7, 2007. 2. Vicinity Map. 3. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in the Planning office,the Pasco Library or on the city's website at www.pasco-wagov for public review). 4. Resolution Accepting Deeds. (i) Snow Removal Assistance Agreements: 1. Agenda Report from Robert J. Alberts, Public Works Director dated December 4, 2007. 2. Snow Removal Letter. (j) Professional Services Agreement with HDR Engineering,Inc.: 1. Agenda Report from Robert J. Alberts, Public Works Director dated December 4, 2007. 2. Professional Services Agreement. (k) 2007 Budget Supplement: 1. Agenda Report from Jim Chase,Finance Manager dated December 6, 2007, 2. Proposed Ordinance amending the 2007 Operating Budget. 3. Proposed Ordinance amending the 2007 Capital Improvements Projects Budget. 4. Proposed Resolution authorizing the Interfund Loans. 5. Memorandum from Finance Manager to City Manager. 6. Exhibit 1 -2007 Budget Supplement Worksheet. Workshop Meeting 2 December 10,2007 (1) Professional Services Agreement for Indigent Defense Services: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 5, 2007. 2. Proposed Agreement. 3. Letter from Chris Herion. 4. Memo from City Clerk. (m) Baseball Stadium Lease: 1. Agenda Report from Gary Crutchfield, City Manager dated December 6,2007. 2. Proposed Lease Agreement (Council packets only; copy available in the City Manager's office, the Pasco Library or on the city's website at www.pasco-wa.gov for public review). (n) Chiawana Park Lease: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated December 6, 2007. 2. Transmittal letter from Real Estate Division, Corps of Engineers. 3. Proposed Lease (Revised from 11/26, without attachments, Council packets only; copy available in the Administrative & Community Services Office, the Pasco Library or on the city's website at www.pasco-wa.gov for public review). 4. Exhibit C—Letter on City Proposed Improvements. 5. Letter on House Rental. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 12:00 p.m., Monday, December 10, Pasco Red Lion -- Pasco Chamber of Commerce General Membership Meeting. (Annual Christmas Music Program presented by the Pasco High School Choir.) 2. 10:00 a.m., Tuesday, December 11, Senior Center—Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 3. 7:00 a.m., Thursday, December 13, Elmer's Walla Walla — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON, Alt.) 4. 4:00 p.m. Thursday, December 13, 3416 Stearman Avenue — Solid Waste Advisory Committee Meeting. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN, Reps.; MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS,Alts.) 5. 4:00 p.m., Thursday, December 13, Three-Rivers Convention Center — TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN,Alt.) 6. 5:00 — 7:30 p.m., Thursday, December 13, 110 S. 4"' Avenue — Pasco Specialty Kitchen & Pasco Downtown Development Association's Holiday Open House. (ALL COUNCILMEMBERS INVITED TO ATTEND) 7. 7:00 p.m., Thursday, December 13, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) AGENDA REPORT TO: City Council December 7, 2007 FROM: Gary Crutch ie anager Workshop Mtg.: 12/10/07 Regular Mtg.: 12/17/07 SUBJECT: Corridor Enhancement Study Committee I. REFERENCE(S): 1. Resolution No. 2215 2. Proposed Resolution 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve Resolution No. forming an ad-hoc Advisory Committee to update the Gateways and Corridors Beautification Plan. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) In the mid-1990s, the Pasco Chamber of Commerce requested that the city consider developing a corridors beautification program. The fundamental objective of the Chamber's recommendation was to achieve, over time, a much- improved appearance for those entering the community on key entrance corridors (East and West Lewis Streets, 20th Avenue, 4th Avenue, etc.). An ad-hoc committee was appointed by the City Council to study the issue; the committee recommended the city make a commitment to improve key corridors identified by the committee. The City Council approved the corridor's beautification plan by Resolution No. 2215 in 1995 and staff has used the document as a guide in defining improvements to both East and West Lewis Streets. B) Over the past couple of years, Council discussion about further corridor improvements has reflected a deteriorating commitment to the objectives of the corridor beautification plan. In order to address potential changes, staff suspended its work on corridor planning and recommends Council appoint a new ad-hoc committee to take a fresh look at the plan, consistent with contemporary issues (other capital needs, improvements by adjacent property owners, etc.). To that end, the proposed resolution will put in motion the creation of a study committee, whose work should be completed by June (in time for the next capital improvement plan process). V. DISCUSSION: A) Inasmuch as the effort will necessarily affect adjacent business owners in the corridors and in view of the historical participation of the Chamber of Commerce in this issue, it is recommended that the committee be composed of two Councilmembers, two Planning Commission members, and three to five participants identified by the Chamber of Commerce. 3(b) RESOLUTION NO. a A RESOLUTION accepting the City of Pasco Gateways and Corridors Beautification Plan to be used as a general guide for policy and budget decisions. WHEREAS, the City of Pasco, the Pasco Chamber of Commerce and the Pasco Downtown Development Association have expressed a desire to improve the appearance of major transportation corridors and gateways leading into the City; and WHEREAS, the Gateways and Corridors Beautification Advisory Committee and City staff working with a consultant prepared a City of Pasco Gateways and Corridors Beautification Plan containing design concepts, implementation strategies and cost estimates for the beautification of the City; and WHEREAS, the draft final report has been reviewed by the Gateways and Corridors Beautification Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON ORDAIN AS FOLLOWS: Section 1. That the City accepts the Gateways and Corridors Beautification Plan to be used as a general guide in policy and budget decision making processes. PASSED by the City Council of the City of Pasco, at a regular meeting this a" day of —s�slhe.r , 1995 Jc6c, Mayor ATTEST- 5 Catherine Seaman, Deputy City Clerk APPRO O FORM: t� Leland B. Kerr, Interim City Attorney RESOLUTION NO. A RESOLUTION of the Pasco City Council forming an ad-hoc Corridor Enhancement Study Committee to recommend modifications to the Gateways and Corridors Beautification Plan. WHEREAS, the City Council approved a "Gateways and Corridors Beautification Plan" under Resolution No. 2215 in 1995, to be used as a guide in achieving aesthetic and functional improvements along certain key street corridors in the city; and WHEREAS, the city has accomplished much of the recommended improvements on certain corridors, specifically East Lewis Street, West Lewis Street and part of 20`h Avenues; and WHEREAS, some of the corridors recommended for improvement in 1995 have been subsequently influenced by adjacent private development over the past 12 years; and WHEREAS, the City Council desires that a fresh evaluation of the objectives and recommendations of the 1995 plan be undertaken and appropriate revisions be identified for Council consideration; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: An ad-hoc Committee, to be referred to as the "Corridor Enhancement Study Committee," is hereby authorized and shall be composed of nine members appointed by the Mayor and selected from the following respective bodies: • Two members of the City Council, one of which shall chair the committee; • Two members of the Planning Commission; • Five members of the Pasco Chamber of Commerce. SECTION 2: The committee, after reviewing the 1995 plan and evaluating existing conditions on those corridors the committee deems appropriate, shall, in writing, advise the City Council of any modifications it deems appropriate for the 1995 Gateways and Corridors Beautification Plan. SECTION 3: The committee shall provide its recommendation to the City Council by June 1, 2008 and shall be supported by staff as assigned by the City Manager. PASSED by the City Council of the City of Pasco this 17th day of December 2007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 33 FOR: City Council December 4, 2007 TO: Gary C tc i anager Robe rt , u c Works Director FROM Doyle L Heath, Utility Engineer�� Workshop Mtg.: 12/10/07 SUBJECT: Water Use Efficiency Goals I. REFERENCE(S): 1. Water Management Plan II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/10: Discussion I11. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) In 2003, the State Legislature passed House Bill 1338, better known as the Municipal Water Law. B) The Water Management Plan adopted by the City Council by Resolution No. 2872 on April 4, 2005. V. DISCUSSION: A) Part of the Municipal Water Law requires the establishing of Water Use Efficiency (formerly known as Water Conservation). The Legislation directed the Department of Health to adopt an enforceable Water Use Efficiency Program, which became effective January 22, 2007. All municipal water suppliers with 1,000 connections or more, are required to establish Water Use Efficiency Goals through a public process by January 22, 2008. Smaller municipal water suppliers have until January 22, 2009. The Law also requires all municipal water suppliers to report annually on their water use efficiency performance to their customers (in the Consumer Confidence Report) and to the Department of Health. B) The Water Management Plan that the City has adopted identifies our Conservation Program (now known as Water Use Efficiency program). This Plan also identifies Conservation Initiatives that were implemented shortly after the Plan was adopted (page 5). The Plan identifies the major elements of Pasco's current Water Management Program (page 7). The Plan then identifies options that were recommended for the City's Water Management Program. C) Staff will be presenting information about recommended Water Use Efficiency Goals at the Workshop and for the Public Hearing. 3(c) Safi Pi} a� � M { F ` r ',monoAFM CM a i �.,�?"p"'. 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"�s v are�; �o '"� �riq��. #�mTt'«r° *��fi� F f F n "p`A �` a... �p "t�M�:'� n reP v i fM:• T•M Mroductian Future needs of the City require changes to accommodate its population and economic growth objectives and to retain a r� position as a regional and statewide water management leader. An updated plan will position the City to use its water y. and location to establish a strong economic base and provide a quality place to live for its citizens. y , The City first entered the water business in 1911. Since that J. time,the laws directing water use have changed drastically. Restrictions on diverting water V '.i'' have increased to recognize the competing values of using water. Water has gone from being IV < ^`t, Ux f a commodity that was considered plentiful and taken for granted to one that some consider in short supply and needing State oversight management. This oversight includes conservation p ++. to demonstrate a sustainable water management plan that will protect the quality of life enjoyed today by the City and adequate water for the City's economic development ,.; objectives. Following is a brief history of the issues that guided the changes, the issues that need to be addressed, and Pasco's plan for the future, fraz:+xarr„ R The Water Management Plan was adopted in Resolution No. 2872 by the City Council on April 4, 2005. P sco's Water History Pacific Power& Light (PP&L), Franklin County Public Utility District No. 1 (FCPUD), West Pasco Water Co., and other private franchised water suppliers have provided domestic water service within the current service area boundary in the past. Between 1891 and 1911 Pasco was not in the water business. Pasco first entered into the water business in 1911 with the condemnation of the PP&L water system and expanded the system as it purchased or r absorbed private franchise agreements. The City purchased the FCPUD No. 1 water system in 1968 and the West Pasco system in 1991. The } current City water service area is approximately 19,400 acres with a boundary that equals the City's Growth Management Area limits. The City currently has 9,610 residential and 1,570 commercial/industrial domestic water customers. In addition to the City's system, the Franklin County Irrigation District (FCID) provides urban area irrigation to properties lying generally west of 20th Avenue and south of the irrigation canal. In 1998 the City issued a y r , # non-exclusive irrigation water franchise agreement to Water, Inc. serving properties along the 1-182 A corridor and then purchased the Water, Inc. system and took over the operation of the system in 2003 st with approximately 1,500 irrigation water customers, In 1998, Franklin, Adams and Grant Counties took steps to be officially designated as the Columbia Basin Ground Water Management Area (GWMA) to reduce nitrate concentrations in the ground water and to improve the management of the ground water. In 2001, the Boards of Commissioners of the three counties adopted the Columbia Basin GWMA ' Plan. This State certified plan is the official document to guide the implementation of strategies and best management practices for the reduction of nitrate levels in the ground water of the Columbia Basin. Under the State's Watershed Planning Act, all areas of the State are completing a a z comprehensive plan for surface and ground water allocation, management, and protection. Pasco is located in Water Resources Inventory Area 36,which includes Franklin, Adams,and Grant Counties. This plan will be initiated in the near future. Today, Pasco operates a very sophisticated domestic water system including a water treatment plant, reservoirs, pump stations, and pipelines serving much of the Pasco Urban Growth Area (UGA) for its 9,020 residences in , the City and 700 residences in the County. The City's separate irrigation xt" system is also expanding rapidly and will be doubled in size within three years along with a 24-7 telemetry and monitoring program to ensure that all of the City's water facilities are well managed. The City has prepared infrastructure plans to meet all future Pasco water needs. co Wafter Rights - Today and 2050 The Pasco UGA water sources either come from ground water or the Columbia River. Until 1917, Pasco only needed to record the amount of water taken from the Columbia River. In 1917 the State adopted a Water Code for surface waters, including the requirement of an application and permit system based on water availability, beneficial use, no impact on existing rights, and providing a public benefit, All applications were processed based on their submittal dates. In the Columbia Basin the issuance of new water rights proceeded with little concern about the four criteria. In 1980 in response to flow level concerns for fish on the Columbia River, the State adopted new minimum flow criteria and issued all non-municipal surface water right permits from the Columbia River as interruptible and subject to g. restrictions if low flows occur in the Columbia River. tt�r; The State didn't establish an application and permit system for ground water until 1945. After 1945 and until the mid 1990s, obtaining a permit for ground water withdrawals in the Pasco area was a very R common practice. s ' W With growing concern about water management needs, the State of Washington placed a moratorium on new water withdrawals in 1992 from the Columbia and Snake Rivers in response to concerns that salmon and steelhead were endangered. The moratorium was later lifted by the State, but the moratorium in essence stayed in effect due to the federal government's Endangered Species Act (ESA) listing of certain fish stocks on the Columbia and Snake Rivers. The State also deferred the issuance of any new ground water permits due i to concerns that ground water was in hydraulic continuity with ¢' the rivers. Since 1997, few new permits of any substantial size have been issued in the Columbia Basin, Pasco obtained its largest new surface water permit in 1963. µ ' Due to growth and the expansion of the water system, it was determined the City would need additional water sometime in the 1990s. The City then submitted a new surface application in 1996. The application, however, was placed in line with all the other applications not being processed. In 1996, Pasco embarked on a project with the cities of Kennewick, West Richland, and Richland known as the Quad Cities Water Right application to seek assurance that its future water needs could be met with regards to its growth management objectives. After an extended review, the Quad Cities Water Right was issued in 2003 with specific operational, reporting, and mitigation conditions. This has assured the Quad Cities a long-term water supply source and Pasco's ability to support the economic and environmental management strategies outlined in its Comprehensive Land Use Plan. In 2002, the state started the Columbia River Initiative (CRI). The Academy of Science was contracted by the Department of Ecology(DOE) to review the impacts of new withdrawals on ESA listed species and concerns. Another panel was created to review the economics of water an the region. The Academy of Science's recommendation was not to allow future water withdrawal from the Columbia River without mitigation. Implementation of this recommendation will require policy development and action by the state legislature. )�tSe r5 ground water and Columbia River water rights strictly er for irrigation. Pasco's domestic water systems primary source is the The City has identified aesthetics as a quality of life Columbia River water treatment plant.The City's rate priority, including irrigated landscaping along the structure includes a base charge plus a consumptive streets. In 1999, Pasco revised Ordinance 3354 charge based on water used.The typical Pasco which mandates certain landscaping requirements in domestic water is used for indoor use,outdoor the City.This ordinance requires 50 percent of the watering, parks, landscape areas,schools, industrial front yard in residential areas be treated with live use,construction water,dust vegetation and underground sprinkler systems be control,and fire protection. installed for any watering of the required areas.This Several parks have been typically represents 8%to 12%of the total lot areas. converted to well water to The owner has the option to plant live vegetation on reduce the costs of using any or all of the remaining lot area.The ordinance domestic water and also specifies landscaping requirements for associated surface water commercial and industrial districts. 9 ri hts.Customers outside the f r� City are surcharged for user In 2002 Pasco passed Ordinance 3547 requiring all service. properties proposed for new subdivision of land with i water rights to transfer to the City the water rights in The food processing plants in the area are the largest exchange for extending domestic water for the industrial customer,with the urban irrigation being a developments. If the property doesn't have perfected large summer user.The majority of the water used by water rights,a fee is collected for the future purchase k the food processors is sprayed onto the City's farm of additional water rights.The intent of the ordinance lands and supplements the irrigation water rights and is to obtain off-setting water rights to meet the new use.A majority of the indoor use,both winter and demands and to provide separate irrigation water for summer, is used for domestic purposes and returned outdoor watering. Since much of the growth in the to the McNary pool via the Pasco wastewater City is on properties previously used for forming, collection and treatment system. acquiring irrigation water and water rights for the developments results in a transfer of use of water from Due to the geographical location of the City,soil "agriculture to urban' uses.The majority of the water types,and the climate,the average water use for transferred to the City is urban irrigation per capita is very high compared to from ground water(wells). the western regions of the State.Since the outdoor Ground water use is use is high,the average annual consumptive use is considered more desirable also high compared to the western portion of the because it lessens the state.The City's use is typical for eastern Washington. impacts for withdrawing from the river(better for Since 1999,the City has expanded the park system fish)and doesn't need to and added landscaped areas along arterial streets.All be filtered (reduced cost). of these new parks, landscaped areas,and new school playgrounds or athletic complexes rely on the The City has obtained City's water supply unless a separate source,such as other irrigation water rights with the purchase of the a well or service from FCID, has been provided. Water, Inc. irrigation water system in 2002 and has also obtained additional ground water rights through Pasco provides all of the domestic water and a water transfers by developers.This program has portion of the urban irrigation water in the Pasco helped the City meet a significant portion of new UGA.The FCID provides the remaining urban growth-related water demands while using over irrigation water through their own system to many City 4,000 gpm of a more environmentally friendly domestic water customers.This reduces the impact on groundwater which is also a lower cost water supply. the City's domestic water demand.The City's irrigation system also reduces the impact on the City's domestic water supply by using a combination of a nservation Program Pasco is required to develop and update a water comprehensive plan and conservation plan every six years outlining its plan for managing the Pasco water system and meeting the City's growth plan. In 1996, Pasco implemented a plan that provided customers with low flow showerheads, toilet flow adjustment kits, and educational materials as a part of its public education program to match the new International Plumbing Code that required more efficient plumbing fixtures in all new homes, During the past 10 years, Pasco has implemented a water pipeline replacement program replacing leaking pipelines, on annual leak i detection program, replaced all old meters with new meters (approximately 6,000 meters), replaced large commercial meters, required all d"Vxu construction water to be metered, and required the reporting of all non- w revenue water uses including water for fires, construction, and other community uses. Pasco also showed water consumptive history on water b bills, encouraged parks to be on the separate irrigation water system, and 3 'i i encouraged large users to undergo water audits. 1 ¢{� In 1998, Pasco completed a feasibility report to demonstrate the benefit of adding compost to sandy soils to reduce evapotranspiration. The City also completed o comprehensive review of residential outdoor use of water to encourage the use of either the FCID or City irrigation system in new developments to reduce the impacts on the higher cost domestic ' water system. u� Future Conservation Initiatives There are two significant events that have taken place since 2003 that mandate new emphasis on the management of water. The first is the Quad Cities Water Right. Pasco, along with the other cities, outlined a regional approach to water use and conservation as a management element of the Water Right. The following program elements were outlined: ■ Leak detection - Implement by 2005. ■ Large meter testing program - Implement by December 31, 2005, ■ Residential Meter Repair J Replacement program - Implement by December 31, 2005. ■ Residential Retrofit program- Implement by December 31, 2004. ■ Source metering replacement and improvements - Implement by December 31, 2005. ■ Develop a water audit program for large water users -At least 50% of users audited by December 31, 2007 and remainder by December 31, 2010. ■ Develop o joint plan with irrigation districts to address urban area irrigation needs - Plan to be completed by December 31, 2009. ■ Develop an integrated water shortage and drought response plan - Plan to be completed by December 31, 2007. ■ Develop a recommended School Education Program - Implementation in the schools will be on the schedule approved by the school districts, ■ Develop a general education program - Program to be developed by December 31, 2005 and implemented on an on-going basis, Pasco has already completed or has a program in place for each of these requirements. The second event occurred in the 2004 Washington state legislature with the passage of HB 1338 referred to as the "municipal' bill. This bill requires the Department of Health (DOH), in consultation with DOE,to establish additional efficiency and conservation standards for municipalities (any utility serving 1,000 connections or more) by December 31, 2005. A statewide advisory committee is guiding the rule making effort addressing the following: t, x, t ■ Continuation of the existing conservation practices. ■ More comprehensive and defined conservation planning. °`' �a ■ Guidance for water supplier's selection and scheduling of cost-effective conservation measures. � �" ■ Evaluation of conservation rate structures. l i ■ Collection and reporting of water source,water consumption, and performance data. �^�,� ^� ,�� ■ Developing protocol for demand forecasting. y � ■ Require leakage standards, not more than 10% unaccounted for water, „ s ■ Governing body adoption of conservation goals after public forum. N _, ■ Defined conservation program elements and reported performance in six-year Water System Plan. , ■ Wastewater facility plans to include a discussion of water conservation and evaluation of potential ^ A use of reclaimed water. Pasco's current Water System Plan and related Conservation Plan and program already fulfills most of the new State requirements. The peak summer demand uses will be targeted by the State as a key to improve water use efficiency. Outdoor watering represents the typical peak use demand period throughout the State, at the same time instream flows are critical to instream resource objectives. In Pasco, this will mean improving the efficiency of outdoor watering. Pasco needs to continue a proactive program that demonstrates management practices that are good for its customers, good for the c environment, and good for the City's economic future. This Water Management Plan documents both the existing program and steps Pasco is taking to continue to be a regional and State leader in managing its water for the future needs of the City. 's Water have been repaired and the City's unaccounted co tii a; for water in 2003 was about 8%. anagement UTILITY FINANCEIJ RETROFIT Pasco has initiated the update of its The Residential Appliance Efficiency Program was Comprehensive Plan to reflect the State's, the Tri- conducted by the Franklin County PUD in Cities region, and the City's Growth Management cooperation with the Bonneville Power strategy. Administration. The City fully supported the program and encouraged users to participate in The following outlines the major elements of the showerhead and faucet aerator replacement. The Franklin County PUD program was completed Pasco's current water management program. in 1996. The City has since started a similar Ix ` ,� Our Customers' Role program. a WISE WATER USE „�a f The City's billing system shows the customer their NEW WATER RIGHTS AND SOURCES y4i current water use and history of water use. The In 1996, the City identified the need to increase City regularly provides additional "water use hints" the amount of water rights from the Columbia on now to reduce water use. The Tri-City Herald River to meet anticipated future needs and R also provides a weekly (Thursday) estimate of submitted the appropriate water rights application "crop (lawn) water use" based on local weather. to the State. The City's pending application for s With this information, the customer has the additional water rights became entangled in the information to help the City use our water State's moratorium on issuance of new water supplies wisely. rights from the Columbia River and from groundwater that was in continuity with the River. The City's Role STAFFING This City, working with the other three Cities, The City is responsible for the operation of a pursued the application for water filtration plant, water distribution, reservoirs, the Quad Cities' water right cross-connection, and meeting all federal and to meet current and state requirements. Adequate staffing is provided projected needs. With the -7 to operate and maintain the system with emphasis acquisition of the Quad on public health and efficiency. The City also Cities' water rights, the City staffs for the operation and maintenance of the has access to adequate irrigation system and Process Water Reuse Facility, supply for the future as long Major repair work and sophisticated testing is as the associated mitigation contracted out. for the new diversion remains reasonable. SOURCE AND SERVICE METERS The City meters all of its water production and As a result, the City has continued its active domestic service deliveries. The City also carefully pursuit of additional groundwater rights that has monitors its delivery of irrigation water and has no or less potential mitigation costs associated the ability to manage where water is used. with the new supply capacity. The City's ordinance to require transfer of existing water rights attached UNACCOUNTED WATER/LEAK DETECTION to lands being converted from agriculture to Through the meters and the City's management urban use is a key part of this program. programs,the City routinely monitors monthly production versus use to determine if the amount For example, urban needs for a combination of of unaccounted for water is within the State and residential and commercial land will require utility industry test of reasonableness (less than about 3.8 to 4.5 acre feet/acre for urban use. 12% unaccounted for). For example, the City This is in contrast to the typical transfer of 3 to 4 annually budgets for leak detection and pipeline acre feet/acre from existing agricultural replacement. Since 1995, 32 pipeline breaks lands and is less than the actual need. Consequently, for the City to meet all of its future DROUGHT AND WATER SHORTAGE water needs for the planned residential and In 2001,the Governer declared a drought alert for commericial needs at the least overall cost,the City Eastern Washington, City staff prepared a draft plan must obtain and manage the use of both the new and initiated a "wise use plan'as an initial groundwater rights and the response. No local City curtailment was required to Quad Cities supplies meet actual needs. conjunctively for the good of all City water customers. In March 2005 the Governor declared a Statewide drought alert with actual impact to the City still REUSE AS FART OF unknown,As a result,the staff is in the process of CONSERVATION updating the 2001 draft plan to incorporate current x;�' The City of Pasco has been supply capacity and to be prepared to implement a an active participant in the prudent response to actual conditions in 2005. recycling and reuse of water in the Columbia River watershed since WATER THEFT completion of a primary wastewater treatment plant the City monitors for misuse of water and water i„ in 1954, The City completed a significant upgrade theft. The illegal taking of water impacts all Ei to the wastewater treatment plant in 1998 to assure customers, The City does not ! „ rN compliance with the NPDES permit as issued by the staff a position to monitor the s' Washington Department of Ecology. use of water, but relies on " i 1 observations from the meter �, j� The City has a modern industrial wastewater reuse reader and field staff. program. The program combines the reuse of food processing plant water with productive irrigated CONSTRUCTION WATER W hM agricultural land owned and managed by the City. AND DUST CONTROL k' This program provides a clear demonstration of the Contractors are allowed to City's commitment to its customers, the use water for construction environment, and its economic future, where and dust control. All water is metered. Other dust appropriate. control measures, such as ground cover hydroseeding,are encouraged. The City's wastewater flows that are not land applied for reuse as irrigation waters are provided FIRE PROTECTION secondary treatment at the City's wastewater Fire hydrants are used for fire protection within the treatment plant and recycled to the Columbia River. City limits. The fire department reports estimated The recycled wastewater is utilized by downstream usage for each fire. The Franklin County Fire District users for both domestic (public water supply), non- No. 3 provides service within the County. City water domestic (irrigation, industrial use, hydropower is used by the fire district but not reported. Fire generation),and environmental (maintain in-stream hydrants are not considered part of the water utility flows, fish habitat, etc) purposes. and are not installed using water utility funds. The secondary treated effluent discharged to the Columbia River meets"Water Quality Standards for Surface Waters of the State of Washington,"at the edge of the established mixing zone. Compliance with the Class A(Excellent) surface water criteria results in the reuse of the wastewater from the treatment plant and avoids restrictions to downstream uses, high capital and operating costs associated with additional treatment, pumping,and transport needed to support direct reuse of treated effluent similar to the City's industrial reuse program, Water Management Recommendations The following options are recommended for the City's water management program. ■ Demonstrate that water management and conservation is a priority of the City. The City should continue through its Ordinances and Policies, land use and developement decisions, public education programs, and general principals of operation, communicate to the public that the City views water resource as a valuable and essential part of its quality of f life and future in economic development. ■ Develop local and regional agreements to manage the water resources. The City should establish an agreement with the FCID on t . t the most efficient way to deliver urban area irrigation water throughout Pasco's Urban Growth Area. Agreements on regional _V, P, water use and conservation should also be completed with the other i V 8£yr Cities. �� rtia ■ Expand use of irrigation water. The City should continue to promote the conversion of agricultural irrigation ground water for residential irrigation use. This will lessen the demand for the use of Columbia River water for domestic and irrigation uses. w�« 4, ` ■ Promote community education on wise use of water. The City should continue to join with other " cities, local governments, and school districts to regularly encourage and demonstrate wise use of �. water and promote a school education program. ' '' ° r ,e ■ Monitor and implement water use efficiency. The City should anticipate a long-term continuation of monitoring and reporting of programs that track water use, unaccounted for water, and the accurate measurement, reporting, and billing for water use. The City should also coordinate these efforts with the Cities of Kennewick, Richland and West Richland and with Franklin County and the FCID within ;m. the UGA. ■ Maintenance. The City should schedule replacement of obsolete equipment and meters when unacceptable water loss or accuracy supports the replacement program. ■ Rates. The City should continue to evaluate the water rate structure to both recapture the cost of service and to encourage wise use of water. Rates need to be re-evaluated every 2 to 3 years. Continue to place a usage fee on non-City residents. ■ Landscaping, Where reuse of water, or recycling of industrial water for non-potable purposes can be economically and environmentally justified, the City should provide incentives and public education support to encourage such changes. In addition,the City should develop recommended landscape, soil management and irrigation system designs for new developments to reduce long term water use, including projects with groups such as the Master Gardeners to demonstrate new and innovative landscaping schemes. Where a separate irrigation system is not yet available, new developments should be required to install a "dry-dual system"to enable later connection to the City's irrigation system. ■ Records. The City should develop"Typical Pasco/Quad Cities" water use trends by categories of users to help,monitor and encourage wise use of water. Incentives should be created to implement this program. The staff should report trends and future actions to City Council for integration into City policies and codes. ■ Regulations. The City should be active in helping guide regulations pertaining to the Columbia River and water efficiency standards. ■ Requirements for water rights. The City should continue to implement an ordinance which transfers water rights associated with agricultural lands being converted to either residential, industrial or commercial use up to 4.5 acre feet/acre. Where the water rights are not available for transfer, the associated water development fees in lieu of water right transfers should reflect current market values of the water rights required to meet the City-wide needs. ■ Long Range Planning. The City is required to update the Water System Plan every six years. The plan is to demonstrate how water will be provided in the City's service area for a 20 year period. Growth rates are typically much higher on large tracts of land being developed in comparison to infill development. Since the majority of the large tracts of land in the City of Pasco are being subdivided and developed, the City should review the service area boundaries and look to the future to ensure s d £ that long-term water supply needs are anticipated. The City should also plan for all operational and natural events including the remote possibility of system failure or severe drought. A City Emergency and Drought Response Plan should be prepared for such possible events. . j!y �[.Y7Y LtM175 c Yyv, �YAKI.MA RIVER E rrrwir�CITY PROVIDED IRRIGATION -� WAILRR1(JITt f+OSLRVLL ! - 1•.CLI1.PXOVIU,F:11/Rtt7GA710N (r Cl7Y HZR1GA770N:NO WA7E'R R"M' 'y PUNPS7A110N(7YP) IRRIGATION SYSTEM r yA VER i r y K1�fARt SERVICE ZONE l SERVICE ZONE,2 • b , ---- SRRVlC67.ONE3 v XG.fERV(//X(IYP) t a Wrr cO�tr t " WATER SYSTEM" ���' ,� � , AGENDA REPORT FOR: City Council November 15, 2007 TO: Gary Crutch anager FROM: Stan Strebel*dmmSjstiye and Community Workshop Mtg.: 12/10/07 Services Dir Regular Mtg.: 12/17/07 SUBJECT: Disposal of Abandoned Shopping Carts I. REFERENCE(S): 1. Proposed Resolution 2. Memo from City Attorney II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve Resolution No. providing staff with direction for addressing abandoned grocery shopping carts. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2006 Council approved Resolution No. 2941 in an effort to address the problem of abandoned grocery carts in City rights-of-way. The guidelines in the Resolution have been followed by staff with considerable success in getting carts off the streets and returned to store owners. B) There are approximately 100 carts which the City has impounded for which no owner can be identified. Staff has explored the possibility of selling such carts at auction for disposal but there is little interest. It appears that selling the unclaimed carts for salvage will be most economical and efficient. C) The City Attorney has reviewed the situation and has recommended changes to the original resolution which would allow staff to select the most appropriate means of disposal for abandoned carts, depending on circumstances. D) The resolution, as proposed, also directs that costs or revenues associated with cart handling or disposal be accounted for in the City's Abatement Fund. E) Staff recommends adoption of the attached resolution. 3(d) RESOLUTION NO. A RESOLUTION amending Resolution No. 2941 regarding abandoned grocery shopping carts. WHEREAS, abandoned grocery carts have been a persistent source of citizen complaints for several years; and WHEREAS, staff attempts to encourage retail managers to regularly collect abandoned grocery carts have met with only sporadic success; and WHEREAS, abandoned shopping carts are unsightly, , create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights of way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services, and otherwise constitute a public nuisance and a hazard to the health and safety of the public, NOW,THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: Abandoned grocery carts are hereby declared to be a public nuisance which shall be subject to abatement as set forth below. SECTION 12. The City staff should contact the managers of relevant retail store and request that they initiate a program to systematically collect grocery carts left in public rights-of-way and on private property. SECTION 3 3. That the City retain the services of a contractor who will collect all abandoned grocery carts located within public right-of-way. Abandoned carts located on private property may also be collected with the permission of the property owner. Said collection should occur on a regular basis. Retail store managers shall be advised of the process prior to initiation of the collection program. SECTION 3 4. The grocery carts shall be retained by the City for a period of not less than 30 days. The owners of the grocery carts may reclaim the carts upon payment of redemption fee of$10.00 per cart. Grocery carts unclaimed after 30 days shy will be disposed of in any manner deemed most appropriate by the City, including but not limited to, public or private sale, donation to a charity, or transport to a landfill. Any costs or proceeds associated with sale or disposal of grocery carts shall be accounted for in the city's Abatement Fund. PASSED by the City Council of the City of Pasco this day of 2007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Lee B. Kerr, City Attorney KERR LAW GROUP 7025 Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Lee Kerr FROM: David A. Jakeman DATE: October 26, 2007 RE: Abandoned Shopping Carts As you requested, I have researched the matter raised in Mitch Nickolds' email, which states: Over the past year and a half we have impounded over to 100 carts of which [no] owner can [be] identified [or] whose owners have failed to reclaim them. Pursuant to the terms of the attached resolution the City can dispose of all shopping carts impounded for thirty days or more. We previously attempted to auction the unclaimed carts off as unclaimed property but did not receive any interest from potential purchasers. As such, for those carts that remain unclaimed for thirty days or more, for any reason, can we simply deliver them to a metal salvager or to the landfill and be done with them? Please advise and thank you." My answer is as follows: How to deal with the carts currently in the Cities possession: The City can deliver them to a metal salvager or to the landfill. It is my opinion that the City can dispose (by delivery to the metal salvager or the landfill) of the carts the City has already collected and tried, unsuccessfully, to auction off. There are two reasons for my opinion. First, if the carts are "personal property", the City met its statutory obligations when it tried to auction them the first time. As no bids were received at the auction, the City cannot be expected to continue to bear the cost of storing them and should be able to dispose of them in any other reasonable manner. Second, if the carts are considered to be a nuisance, they can be disposed of in the discretion of the City. The glitch here is that such carts have not been expressly declared to be a nuisance. Nonetheless, Resolution No. 2941 could provide grounds for deeming them to be a nuisance as it states that "abandoned shopping carts are unsightly and present hazards for children, pedestrians, and vehicles." How to deal with the carts in the future: The City should amend Resolution # 2941 to explicitly declare abandoned shopping carts to be nuisances and to provide for their abatement. Lee Kerr October 26, 2007 Page 2 There are a number of different methods a city can employ to deal with abandoned shopping carts. The appropriate method is determined by how carts are characterized. Specifically, if they are deemed to be personal property, then the City must comply with the requirements of RCW 63.21.060 and RCW 63.32.010. These requirements are explained in detail in Benjamin Riley's memorandum to you dated September 5, 2006. Suffice it to say that those requirements are very burdensome, and the City would be well advised to take a different approach. In my opinion, it would be most advantageous for the City to declare abandoned shopping carts a nuisance and then abate them under its police power. This power exists under Washington Law. RCW 35A.21.160 gives code cities all the powers cities of other classes enjoy, including the power to declare and abate nuisances. RCW 35A.21.160; RCW 35.22.280; RCW 35.23.440. The City could easily declare abandoned shopping carts a nuisance and provide for their abatement by amending Resolution Nol. 2941. I suggest the following changes. 1. The third "whereas" should be amended, to state: "WHEREAS abandoned grocery carts are unsightly, create conditions of blight in the community, obstruct free access to sidewalks, streets and other right of ways, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services, and otherwise constitute a public nuisance and a hazard to the health and safety of the public." 2. Another "therefore" should be added, stating: "THEREFORE, abandoned grocery carts are hereby declared to be a public nuisance which shall be subject to abatement as set forth below." 3. The last sentence of the currently third sections should be changed to read: "Grocery carts unclaimed after 30 days will be disposed of in any manner deemed most appropriate by the City, including but not limited to, public or private sale, donation to a charity, or transport to a landfill." DAJ/sla AGENDA REPORT NO. 32 FOR: City Council November 28, 2007 TO: Gary Crutchfi ager Robert J. Al c orks Director Workshop Mtg.: 12/10/07 FROM: Michael McS40, ity Engineer Regular Mtg.: 12/17/07 SUBJECT: Award 2007 Sewer Lining, Project #07-1-04 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10/07: Discussion 12/17/07: MOTION: I move to award the low bid for the 2007 Sewer Lining Project, #07-1-04 to Planned and Engineered Construction, Inc., in the amount of $606,903.99 including all applicable alternates and tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Public Works - Sewer Fund IV. HISTORY AND FACTS BRIEF: A) On November 27, 2007, staff received two (2) bids for the 2007 Sewer Lining Project, #07-1-04. The low bid, including all applicable alternates and tax, was received from Planned and Engineered Construction, Inc. in the amount of $606,903.99. The second lowest bid received was in the amount of$794,071.85. The Engineer's Estimate for the project is$757,374.22. V. DISCUSSION: Staff previously created a master plan for the reconstruction / rehabilitation of deteriorated sewer mains. Sewer lines throughout the city have been identified and prioritized based on the condition of the pipes. Over the past two years, the program has lined approximately 18,500 linear feet of 8"through 15" sewers and is anticipated to continue for the next 6 years as outlined in the Capital Improvements Plan. The scope of work for the 2007 Sewer Lining Project includes lining of approximately 18,700 feet of 8-inch, 10-inch, 12-inch and 15-inch sewers. The project was assembled including a number of alternate areas to allow for a flexible amount of pipes to be lined and maximize the use of funds. The budget for 2007 is $500,000. ,Based on the favorable bids received and that the award of this project is in December, staff recommends using a portion of the $500,000 budgeted in 2008 in order to complete all of the alternate areas included in this year's project. A smaller amount of lining will then be included in the 2008 lining project. Staff recommends award of this contract to Planned and Engineered Construction, Inc. and designates $110,000 from the 2008 program for the project. 3(e) City of Paso 2007 Sewer Lining Project No. 07-1-04 November 28, 2007 BID SUMMARY Total Engineer's Estimate $757,374.22 1. Planned& Engineered Construction, Inc. $606,903.99 2. Znsituform $794.071.85 22 3 A "d .,r ■ ■ 4, err �`.; `ti 4r�d+���:: . ■ ,*�'�. , "� � „��s is t'>f' ` iii ., �ytr,j° ,,,+ w '..x 1 +• �' ° '� `"WT+�°�''°�'�`y IS �� ,�' � �,t ';.�,- � • "••r.• �� �- �� � ,,` ��,�� � � it � iy Mb fix' aF �� lg.3 PRNdk L w � 6^ � �,� t •.. K•M S dy,.. ><{'� Y X S �,�.�K' r..:iN�llr�ta?«. , 1 �r��' '1R'�'4R�.j �����--�rr *�Iq� ��N. � ,e�f, v .•k � r1tM 6 d d t.; g H 4 1...b�& �Lm � � ,�'C9 ,vM '., !v" W�..q�, • �t"i�.y 4 •:h'#tl '��`v, ,f, a �,+ ��c r. „r t ��r,V v'�t ,�r'rn �. t rk k .•.s ry7'�{,�.'� Ws , � i''k 1i"t�� rr} r,` • d: 3 Y .. r;,ty�aS�r �SdMnt as y' '9�q, �• �^uF, a,?� wvr.a - d� [ CP,p ti�t��4M+.w �C.:.,tt �„w•r !" v �wr ��` - } id',. �• / ., '.�5� t�: a3 q.X :.'��>,� 1 '4� '��y .� r.�' •F�•u ^,��'�� 8 �w...,'aY v �`� 'i ,i�t••, 4 m-."rte'§� t'+s`''?4 �' _: •y� 111 mall v kMl ij►r', s�1 p 4r �4*�m'1+, t "°�i\ �' �d,,, 9 �..� '� ����5` ,.,r��� °� y��.; , 2!'i=O�r1'' �' �,■ � r,.,,,w� b.r'r'�syyRa�,;;�ry ', q� ��' �'1M��\�� �h� `° f� :,b Ay�"Y�,y 1 M !� � w s'k .u.. .r n.t.�M.'v r:,ws.y., .� d�-.r� '�y 'i'M,`r• 4, K ,! `L � � k}y A M� �':,'tt r�`'•y\ � �� �,ut �^!1 ad �'�4.�a /' �J�,.� r rat . a,` k� ..r o;�'���++ i/ � '^.r+ �r f'L . ...}`fn7«w�,:•4•>.rw�t ,� !�-.. . Nk �{ t _ y i'• ;i 1 ._,^µ°� :i v",.,r,..,•�a �3•^€a d 'k qp• wt �w rM�Cad:.' r ,r�",�'''� . � I�"��' xwn� B `��'" ' r'�{` t vas • �,..• 5s ""� ar ' .,� AGENDA REPORT NO. 31 FOR: City Council November 30, 2007 TO: Gary Crut h ie anager Robert J ,, Pub is Works Director 44 FROM: Michael MekCity Engineer Workshop Mtg.: 12/10/2007 Regular Mtg.: 12/17/2007 SUBJECT: Truck Route Ordinance Revision I. REFERENCE(S): 1. Map 2. Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to adopt Ordinance No. , amending designated truck routes in the City, and further,authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) City staff recently completed construction on the newly renamed Heritage Blvd. This road was constructed in order to move larger truck traffic off of E. Lewis St., down to "A" Street which has already been identified as a truck route. V. DISCUSSION: A) This ordinance amends Section 10.64.040 Truck Routes of the Pasco Municipal Code to remove (9)Lewis Street from Oregon Street to east city limits; and add (12) Heritage Blvd. from SR12 interchange to "A" Street. B) Staff recommends the designation of Heritage Blvd. from SR 12 interchange to "A" Street as the amended truck route. 3(f) t ' I Y - _ W /\ C7) 0 LLJ / c1r) C1 (J -_ . - LLJ LF 1 , i 1 { i I i I -- —�l cn _ i s I i � 5 i I , �G 0 +,PVC \„ , ORDINANCE NO. AN ORDINANCE amending Section 10.64.040 Truck Routes of the Pasco Municipal Code, and further, authorize publication by summary only. WHEREAS, the City Engineer has determined it necessary to restrict truck traffic to certain City streets; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.64.040 of the Pasco Municipal Code is amended to read as follows: 10.64.040 TRUCK ROUTES. Any and all through truck traffic with a maximum gross weight of fourteen thousand pounds or more shall restrict their operation to the following routes or areas while in the City: (1) Lewis Street from west city limits to 20th Avenue; (2) 20th Avenue from Lewis Street to "A" Street; (3) "A" Street from 20th Avenue to east City limits; (4) 1 0th Avenue from "A" Street to Ainsworth Avenue; (5) Ainsworth Avenue from 10th Avenue to east city limits; (6) Maitland Avenue from Ainsworth Avenue to "A" Street; (7) Oregon Avenue from Oregon Street Interchange with SRI to "A" Street; (8) 4th Avenue from north city limits to 4th Avenue Interchange with SR12; ro) Lewis Street rfem Oregon Street to a its east eiyy limits; (10) All streets,roads and highways in area zoned either I-1 or I-2; (11) Fourth Avenue from Ainsworth Avenue to "A" Street; (12) Heritage Blvd. from SRI interchange to "A" Street. (Ord. 2416 Sec. 1, 1982; Ord. 1798 Sec. 1, 1976; Ord. 1389 Sec. 1, 1969: prior code Sec. 8- 42.28). Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 17`h day of December, 2007. Joyce Olson, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO NORM: Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. amending Section 10.64.040 Truck Routes of the Pasco Municipal Code, and further, authorize publication by summary only. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, WA 99301. Debbie Clark, City Clerk AGENDA REPORT NO. 81 FOR: City Counciln December 6, 2007 TO: Gary Crutch Manager Workshop: 12/10/07 Regular: 12/17/07 FROM: David 1. McDonald, City Planne Community & Economic Development SUBJECT: Deed for Street Right of Way (2517 W. Sylvester Street) (MF #INF07-076) I. REFERENCE(S): A. Deed for a Portion of West Sylvester Street B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10/07: Discussion 12/ 17/07: Motion: I move to accept the deeds from Lynn M. Jones for a portion of the West Sylvester Street right-of-way. III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. County records indicate the property at 2517 W. Sylvester Street has provided no right-of-way for Sylvester Street. The owner of said property recently applied for a building permit to construct a small storage building. Where street right-of-way is lacking Council Resolution No. 1372 requires dedication as a part of the building permit process. B. The attached deed provided the right-of-way for a small portion of the West Sylvester Street. V. DISCUSSION: 3(g) After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3rd Pasco, WA 99301 Tax Parcel No. 119-351-112 DEDICATION DEED THE GRANTOR(S), !�fl7i'1 �oneJ by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of Section 25, township 9 North, Range 29 East W. M. Franklin County, Washington, described as follows: The south 30' of the East 132' of the West 271 1/3' of the South 330' and the North 18' of the South 174.7' of the East 8' of the West 139' 1/3 of the SE 1/4 SW 1/4 NE 1/4 Section 25, Township 9, North Range 29 East, W.M. DATED this 80'� day of I�OVew�ber�, 2007. GRANTOR(S) Owner(s) J Dedication Deed- 1 STATE OF WASHINGTON ) . ss. County of Franklin ) On this � day of NOVAYM-6e y ,2007, before me,the undersigned,duly commissioned and sworn,personally appeared w n h A&- At S to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. strument.. r GIVEN under by hand and official seal this day of 2007. Print Name: 8LAgej4& JZ. P; h NOTARY PUBLIC in and for the State of Washington Residingat: W P dk1e4 '!of My Commission Expires: Qu4aSC ZS` Notary Public 'fr State of Washington ANGELA R. PITMAN MY COMMISSION EXPIRES August 25,2011 Dedication Deed-2 Item: Right-of-Way Dedicat ion Exhibit "Alf File INFO 07-076 or i 4 .] .. w ` � lor v Y Awl,: Aar- * . LL p, �. �i _ c f �' i %i r _ €I - +.�'� N 'r M t yob ; �'. � a-- � �a_Sr •,Y "_ Rrtp y g` � � r , AGENDA REPORT NO. 82 FOR: City Council December 7, 2007 TO: Gary Crutchfie anager Workshop Mtg.: 12/10/07 Regular Mtg.: 12/17/07 FROM: David 1. McDonald, City Planner Community & Economic Development SUBJECT: Deed for Future Street Right-of-Way (MF #INF07-075) I. REFERENCE(S): A. Vicinity Map B. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in the Planning Office, the Pasco Library or on the city's website at www.pasco- wa.gov for public review.) C. Resolution Accepting Deeds II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10 DISCUSSION 12/17 MOTION: 1 move to approve Resolution No. , accepting certain deeds for street right-of-way along the north side of Columbia Place and Heritage Village. III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. The Bonneville Power Administration has a 50 foot utility easement along the north edge of the city from Road 68 west to about Road 92. The use of this utility easement has been the subject of a lengthy court case. As a result of legal action on the part of the city an agreement was reached earlier this year on the use of the easement. The agreement affords property owners impacted by the easement an additional 10 feet of useable backyard space. Essentially the agreement reduced the easement from 25 feet to 15 feet across the back portion of residential lots. The balance of the easement is now permitted to be used for a city street right-of- way. B. Since the agreement was reached, staff has been meeting with property owners impacted by the BPA easement to explain the agreement. While the BPA agreement lessens the impact of the easement on properties, it still leaves the problems associated with the 15 feet that will be located between yard fences and the power poles. For a variety of reasons (nuisance abatement, fire hazards, and community appearance) the easement area north of the agreed fence line lends itself well for inclusion as street right-of-way. To that end staff has been encouraging property owners to dedicate that area for future right-of-way uses. C. The attached deeds provide the right-of-way for a lot in Heritage Village and several lots in Columbia Place. V. DISCUSSION: 3(h) Exhibit Item: Right-of-Way Dedication N rr rr A File #, INFO 07-075 l/�' 3 ►, R-O-HIV Dedicationsr} - 4111PYWAYRIM, ' t I'll' Fill Ogg 9 Biagi Wang MEN MR1 e ---- --•---- _.. - � - 3 After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED THE GRANTOR(S), S AJ PI-SC ,by donation pursuant to RCW 35A.79.010, dedicates, co vet's and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of Lot 5 of Heritage Village, Phase 4 according to the Plat thereof recorded in Volume D of Plats Page 283, records of Franklin County, Washington,described as follows: Beginning at the True Point of Beginning, said point being the Northeast corner of Lot 5,Heritage Village Phase 4;Thence South 01 degrees 33 minutes 51 seconds East for a distance of-13.86 feet; Thence South 89 degrees 40 minutes 03 seconds West for a distance of 110.00 feet;Thence North 30 degrees 35 minutes 32 seconds West for a distance of 16.15 feet;Thence North 89 degrees 39 minutes 55 seconds East for a distance of 101.70 feet to the True Point of Beginning. THE GRANTEE shall defend, indemnify and hold the GRANTOR harmless from any and all claims of whatever nature or kind, arising out of or resulting from any act or failure to act in connection with the use, improvement and maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S own negligent or intentional acts. GRANTEE shall provide ongoing maintenance and repair of the right-of- Dedication Deed-1 way, including keeping improvements thereon in good repair and maintain the landscaping. DATED this day of 4t✓�--�007. GRANTOR(S) GRANTEE Owner(s) City of Pasco, Washington Joyce Olson, Mayor STATE OF WASHINGTON ) SS. County of Franklin ) On this /r day of P dlctj,) 2007, before me,the undersigned,duly commissioned and sworn,personally appeared 7 ,, PA hgi tG"q gw"t�1to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. tt%11111/l11 GIVEN under by hand and official seal this AY r� day ofc�� � 2007. ��, Q ��10(�• .?��/�,'� ? NOTARY�' Pr' Name: C ,cJ,cJ� e �'r3 ��N • PUBS NOTARY PU�IC in and for the State of Washington �.�� Residing at: c..l=3C� L L�.�t �,,41� ����• ���� OF My Commission Expires:' STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,Washington,described in and who executed the within and forgoing instrument,and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under by hand and official seal this day of 2007. Dedication Deed-2 After Recordine, Return To: City of Pasco, Washington Attn: City Planner 525 North 3" Pasco, WA 99301 DEDICATION DEED THE GRANTOR(S), Cry')\ ,by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of Lot 59 of Columbia Place, Phase 4 according to the Plat thereof recorded in Volume D of Plats Page 284 and 284A, records of Franklin County, Washington, described as follows: Beginning at the True Point of Beginning, said point being the Northeast corner of Lot 59, Columbia Place Phase 4; Thence South 01 degrees 33 minutes 51 seconds East for a distance of 14.30 feet; Thence South 89 degrees 39 minutes 00 seconds West for a distance of 35.60 feet;Thence South 89 degrees 43 minutes 11 seconds West a distance of 39.40 feet; Thence North 01degrees 33 minutes 51 seconds West for a distance of 14.29 feet;Thence North 89 degrees 40 minutes 32 seconds East for a distance of 75.02 feet to the True Point of Beginning. THE GRANTEE shall defend, indemnify and hold the GRANTOR harmless from any and all claims of whatever nature or kind, arising out of or resulting from any act or failure to act in connection with the use, improvement and maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S own negligent or intentional acts. Dedication Deed- X GRANTEE shall provide ongoing maintenance and repair of the right-of- way, including keeping improvements thereon in good repair and maintain the landscaping. DATED this 'a.\ day of WkA, 2007. GRANTOR(S) GRANTEE Owner(s) City of Pasco, Washington Joyce Olson, Mayor c5t9 STATE OF ) County ofd ) On this ?-I rday of 2007, before I me,the undersigned, duly commissioned and sworn,personally appeared Pec,,, lo, C vko to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this "a1 V day of 2007. Print Name: REINETTE H.LAIlr �. � NOTARY PUBLIC in and for the State of AAashirrgtan Residing at: (f7k'1u(mac/ My Commission Expires: STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,Washington,described in and who executed the within and forgoing instrument,and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under by hand and official seal this day of , 2007. Dedication Deed-2 After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Pao po 1&"- THE GRANTOR(S), _ Lge Hl' +!1 _ ,by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of--way, all interest in the land described as follows: That portion of Lot 54 of Columbia Place, Phase 4 according to the Plat thereof recorded in Volume D of Plats Page 284 and 284A, records of Franklin County, Washington, described as follows: Beginning at the True Point of Beginning, said point being the Northeast corner of Lot 54, Columbia Place Phase 4; Thence South 01 degrees 33 minutes 51 seconds East for a distance of 14.16 feet; Thence South 89 degrees 39 minutes 44 seconds West for a distance of 75.02 feet; Thence North 01 degrees 33 minutes 51 seconds West for a distance of 14.18 feet;Thence North 89 degrees 40 minutes 32 seconds East for a distance of 75.02 feet to the True Point of Beginning. THE GRANTEE shall defend, indemnify and hold the GRANTOR harmless from any and all claims of whatever nature or kind, arising out of or resulting from any act or failure to act in connection with the use,improvement and maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S own negligent or intentional acts. GRANTEE shall provide ongoing maintenance and repair of the right-of- Dedication Deed- 1 way, including keeping improvements thereon in good repair and maintain the landscaping. DATED this `�•� day of N04440(, 2007. GRANTOR(S) GRANTEE Owner(s) City of Pasco, Washington Joyce Olson, Mayor a STATE OF WASHINGTON ) ss. County of Franklin ) On this_M"day of -N 0 V tin b('Ir ,2007, before me,the undersigned,duly commissioned and sworn,personally appeared LM,2&y f1A PUOAV44 to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this 20 day of 2007. Notary public �l State of Washington ANGELA R. PITMAN Print Name: e I n W COMMISSION EXPIRES NOTARY PUBLI n and for the State of Washington Auoust25,tot t Residing at: l.J k!i a4,tLc4 v-o' My Commission Expires: �Zs—. ZOI I STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,Washington,described in and who executed the within and forgoing instrument,and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under by hand and official seal this day of , 2007. Dedication Deed-2 After Recordine,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`' Pasco, WA 99301 DEDICATION DEED THE GRANTOR(S), Q-C� , by donation pursuant to RCW 35A.79.010, dedicates, conveys and qui claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of Lot 55 of Columbia Place, Phase 4 according to the Plat thereof recorded in Volume D of Plats Page 284 and 284A, records of Franklin County, Washington, described as follows: Beginning at the True Point of Beginning, said point being the Northeast corner of Lot 55, Columbia Place Phase 4; Thence South 01 degrees 33 minutes 51 seconds East for a distance of 14.18 feet; Thence South 89 degrees 39 minutes 44 seconds West for a distance of 36.12 feet; Thence South 89 degrees 39 minutes 00 seconds West for a distance of 3 8.90 feet; Thence North 01 degrees 33 minutes 51 seconds West for a distance of 14.20 feet;Thence North 89 degrees 40 minutes 32 seconds East for a distance of 75.02 feet to the True Point of Beginning. THE GRANTEE shall defend, indemnify and hold the GRANTOR harmless from any and all claims of whatever nature or kind, arising out of or resulting from any act or failure to act in connection with the use,improvement and maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S own negligent or intentional acts. Dedication Deed- 1 GRANTEE shall provide ongoing maintenance and repair of the right-of- way, including keeping improvements thereon in good repair and maintain the landscaping. DATED this 2AC—day of 02007. GRANTOR(S) GRANTEE Owner(s) City of Pasco, Washington Joyce Olson, Mayor STATE OF WASHINGTON ) : ss. County of Franklin ) On this r_day of ©&66?,C ,2007, before me,the undersigned, duly commissioned and swom,personally appeared 5`o m�k 0&o 4A to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this a" day of Oc46er- 2007. Notary Public �~T State of Washington e: JASON S FRANCIS NOTARY PUBLIC in and for the State of Washington My Appointment Expires Apr 12,2008 Residing at: �.�r.hwceri My Commission Expires: April %>oc 6 STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,Washington,described in and who executed the within and forgoing instrument,and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under by hand and official seal this day of , 2007. Dedication Deed-2 After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED 3'u i dve Te,re--s;'rc,. Meztk Lv� THE GRANTOR(S),jR?r�ggrcpL,'n r, ,by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described as follows: That portion of Lot 52 of Columbia Place, Phase 4 according to the Plat thereof recorded in Volurne D of Plats Page 284 and 284A, records of Franklin County, Washington,described as follows: Beginning at the True Point of Beginning, said point being the Northeast corner of Lot 52, Columbia Place Phase 4; Thence South 01 degrees 04 minutes 44 seconds East for a distance of 14.11 feet; Thence South 89 degrees 39 minutes 44 seconds West for a distance of 87.08 feet; Thence North 20 degrees 06 minutes 51 seconds East for a distance of 15.08 feet;Thence North 89 degrees 40 minutes 32 seconds East for a distance of 81.63 feet to the True Point of Beginning. THE GRANTEE shall defend, indemnify and hold the GRANTOR harmless from any and all claims of whatever nature or kind, arising out of or resulting from any act or failure to act in connection with the use, improvement and maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S own negligent or intentional acts. GRANTEE shall provide ongoing maintenance and repair of the right-of- Dedication Deed- 1 way, including keeping improvements thereon in good repair and maintain the landscaping. DATED this 5 day of OCZber , 2007. GRANTOR(S) GRANTEE Owner(s) City of Pasco, Washington T<e_vie AayccGoO Joyce Olson, Mayor IL 1' 4i2 T*e_ r-CS1'T_QoL, AheZA 1'unc, STATE OF ) a @COMM,SALTAZAR CUEVAS COMMISSION.61640427 co. l r'o Y'►2l a ss. NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY County ofFra�Tktin 0Y1y�e ) E XP.JANUTARY23.2010 On this �5_ day of c 2007, before me,the undersigned,duly commissioned and sworn,personally appeare i n !`=�to me known to be individual(s) described above and who executed the within and foregoing instrument as owner(s)of record,and acknowledged to me that�Ve/they signed the same as 1A/her/their free and voluntary act and deed, for the uses and purposes therein mentioned,and on oath stated that W*K/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this 5- day of Dc7-o,6 c- 2007. Krint Name: _. ,.L?lea v C_-_-VC-f NOTARY PUBLIC in and for the State of kid Ca LI C0 Y r►r Residing at: [SG>7n I � Ck Ca My Commission Expires: :I' h oc&y 14 l 2©IO ■ALTAZAR CUEVAS STATE OF W ) S COMMISSION.61640427 NOTARY PUBLIC-CALIFORNIA SS. GRAM COUNTY COMM.EX JANUARY 23 2010 County ofd OM>?�� P.) On this day personally appeared before me JOYCE OLSON, Mayor of the City of Pasco,Washington,described in and who executed the within and forgoing instrument,and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under by hand and official seal this day of , 2007. Dedication Deed-2 RESOLUTION NO. A RESOLUTION ACCEPTING DEDICATION DEEDS FOR PUBLIC RIGHT-OF-WAY FOR A FUTURE STREET ADJACENT THE NORTH LINE OF THE COLUMBIA PLACE AND HERITAGE VILLAGE SUBDIVISIONS. WHEREAS, the Bonneville Power Administration (BPA) has a 50 foot utility easement along the north edge of the city from Road 68 to approximately Road 92; and, WHEREAS, said BPA utility easement is located partially on lots within the Columbia Place, the Heritage Village and the Coles Estates subdivisions and partially on city street right-of-way; and, WHEREAS, the BPA exerted strict control over the use of said utility easement such that the city was precluded from using its right-of-way for street purposes and private property owner use of the easement was severely curtailed; and, WHEREAS, as the result of city-initiated court action an agreement has been reached between the city,BPA and the PUD over the use of said BPA utility easement; and, WHEREAS, the settlement agreement affords property owners greater use of their property encumbered by the BPA easement; and, WHEREAS, a portion of private property encumbered by the BPA easement will largely be unusable for private property purposes; and, WHEREAS, certain owners of property encumbered by the BPA easement have freely signed deeds dedicating a portion of their lots for future street right-of-way; and, WHEREAS, the City Council of the City of Pasco has reviewed the dedication deeds and has determined that acceptance of such would be in the best interest of the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,DOES RESOLVE AS FOLLOWS: A) That the City hereby accepts Dedication Deeds for right-of-way purposes from the owners of Tax Parcel Numbers 116-050-073, 116-050.073, 116-050-073, 116-050-080 and 115- 370-165. B) That copies of the Dedication Deeds are attached hereto as exhibits to this Resolution. C) That the terms and conditions of acceptance of said Dedication Deeds are as set forth in the deeds. PASSED by the City Council of the City of Pasco this 17th day of December,2007, Joyce Olson,Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy,Deputy City Clerk Leland B. Kerr,City Attorney AGENDA REPORT NO. 31 FOR: City Council December 4, 2007 TO: Gary Crutch d Manager FROM: Robert J. Alb li ic.Works Director Workshop Mtg.: 12/10/07 Regular Mtg.: 12/17/07 SUBJECT: Snow Removal Assistance Agreements I. REFERENCE(S): 1. Snow Removal Letter II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move 'to authorize the City Manager to enter into an agreement with Ray Poland & Sons for snow removal assistance. III. FISCAL IMPACT: Street Fund: $6,000 (minimum) IV. HISTORY AND FACTS BRIEF: A) Since 2004 the City has contracted to have a contractor have two road graders with operators on standby for snow removal. The contract period has been for the three months of November, December and January. In 2006 the City contracted with Ray Poland & Sons, Inc. (Poland) for $7,200. In addition to the standby charge, the contract also included activation rates of $5,250 per month for any grader requested by the City. V. DISCUSSION: A) Staff proposes for 2007 to contract for 6 weeks due to the rising costs being experienced by the contractor. Poland is willing to have two (2) graders on standby for $6,000 and an activation fee of$6,500 per month. The operators cost would be $100.00 per hour for normal hours and $130.00 per hour for overtime hours. The minimum costs for both graders to be "on standby" is $6,000 for the winter; additional costs would occur only if used. As such, the proposed arrangement represents a form of insurance; the annual "premium" of $6,000 appears acceptable for having the capacity of two additional graders (more efficient than plows). With general concurrence of City Council, staff will execute an agreement with Ray Poland & Sons, Inc. 3(i) - WWW.RPSINCGC-COM P.O BOX 6772 525 W. GRAND RONDE (5 09) 586-2158 F SONS, KENNEWICK, WA 99335 FAX: (5 09) 582-6912 GENERAL CONTRACTOR RAYM�! 433E November 28, 207 City of Pasco P.O. Box 293 Pasco,WA 99301 Attention: Bob Alberts, Public Works Director Re: Revised snow removal standby proposal Dear Bob: This letter agreement is between the City of Pasco (City) and Ray Poland and Sons Inc, (Poland) for snow removal standby. Poland agrees to provide on standby two (2) graders and operators for the purpose of snow removal for the period of 6 weeks starting December 16, 2007 and ending January 31, 2008. Poland agrees to provide (2) graders &operators for the purpose and snow removal for the 1 months December 16, 2007 through January 31, 2008. The City shall pay Poland a fee of$6,000.00 for standby for the 1 '/months. Payment to be made prior to December 31, 2007. Poland agrees to provide operators within (2) hours of notice at a rate of$100.00 per hour for regular time and $130.00 per hour for overtime hours, for Sundays and Holidays a rate of $160.00 per hour. The City has the discretion of when to activate one or both graders. The first call for an operator will activate a grader charge of$6,500.00 each per month for the month. Subsequent weeks if applicable would be at$2,500.00 per week. The fuel and operator fee shall be paid for actual hours worked. The operator(s)shall take direction for the routes to be plowed from the Field Division Manager. Both parties agree to the terms of this Letter Agreement by signing below. S' cerely, e/A�7-� Dennis L. Poland Date Gary Crutchfield Date Ray Poland & Sons Inc City Manager AGENDA REPORT NO. 32 FOR: City Council December 4, 2007 TO: Gary Crutchfi "anager FROM: Robert J. Alb Works Director Workshop Mtg.: 12/10/07 Regular Mtg.: 12/17/07 SUBJECT: Professional Services Agreement with HDR Engineering, Inc. I. REFERENCE(S): 1. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve a Professional Services Agreement with HDR Engineering, Inc. authorizing Engineering Support with respect to the City Utility System not to exceed $43,029.04 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Between 1996 and 2004 the City has contracted with Economic and Engineering Services (EES) to assist the City of Pasco as well as the City of Kennewick, Richland and West Richland with water rights issues. Mr. Bob Wubbena of EES was the project manager and assisted the Cities in securing the Quad-Cities water right. Although the agreement was with the City of Pasco, all of the Cities shared equally in the costs. The last service provided by EES was in 2005 with the preparation of the 2005 Interim Regional Water Forecast and Conservation Plan. Since 2004, EES merged with HDR Engineering, Inc. which has provided Professional Services to the City. Mr. Wubeena now works for HDR Engineering, Inc. V. DISCUSSION: A) Conditions of the Quad-Cities water right required the submittal of a new demand forecast document and discussion on conservation measures. The proposed Professional Services Agreement with HDR Engineering, Inc. is to provide assistance with Mr. Wubbena being the project manager. The estimated fee is $43,029.04. This cost would be shared equally with the other three Cities. Staff recommends approval the Professional Services Agreement with HDR Engineering, Inc. 3(j) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and HDR Engineering, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Engineering Support with respect to the City Utility System. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership of Work Product. A. All studies, plans, specifications, documents, materials, methodology, software, logic, and systems developed under this Agreement whether finished or not shall become the property of the City of Pasco, shall be forwarded to the City of Pasco at its request and may be used by the City of Pasco as the City of Pasco sees fit. The City of Pasco agrees that if products prepared by the Consultant are used for purposes other than those intended in this Contract, the City of Pasco does so at the City's sole risk and agrees to hold the Consultant harmless for such use. B. All services performed under this Agreement will be conducted solely for the benefit of the City of Pasco and will not be used for any other purpose without written consent of the City of Pasco. Any information relating to the services will not be released without the written permission of the City of Pasco. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $43,029.04. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and within 360 days. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or causee by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant performance or non-performance of said work or service, regardless of whether or not caused in part by the parry indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten(10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee,commission percentage,percentage, brokerage fee, gift, or contingent fee. 14. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 15. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco,WA 99301 Notices to the Consultant shall be sent to the following address: HDR Engineering,Inc. Bob Wubbena 2805 St. Andrews Loop, Suite A Pasco,WA 99301 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF CITY OF PASCO: CONSULTANT: Joyce Olson, Mayor Bob Wubbena,HDR Engineering,Inc. ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr,City Attorney AGENDA REPORT Date December 6, 2007 FOR: City Council Workshop Meeting: December 10, 2007 Regular Meeting: December 17, 2007 TO: Gary 4ase, 1 anager FROM: Jim C ce Manager SUBJECT: 2007 SUPPLEMENT. I. REFERENCE(S): A) Proposed ordinance amending the 2007 Operating Budget. B) Proposed ordinance amending the 2007 Capital Improvements Projects Budget. C) Proposed resolution authorizing the Interfund Loans D) Memorandum from Finance Manager to City Manager. E) Exhibit 1 ---2007 Budget Supplement Worksheet II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A) Discussion- December 10, 2007 B) Conduct Public Hearing-December 17, 2007 C) MOTION: , I move to adopt Ordinance No. amending the 2007 Operating Budget by providing a Supplement thereto in the amount of$1,849,500 and to authorize the publication by summary only. D) MOTION: I move to adopt Ordinance No. amending the 2007 Capital Improvements Budget by providing a Supplement thereto in the amount of$2,550,000 and to authorize the publication by summary only. E) M_OTION: I move to approve Resolution No. , authorizing temporary inter- fund loans from the General Fund to the Arterial Street Fund, the Community Development Block Grant Fund, the Ambulance Service Fund in the total amount of$1,485,000. I11. FISCAL IMPACT: Per attached Exhibit 1 —2007 Budget Supplement---Expenditure/Revenue Detail IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget are for expenditures that were unanticipated or indeterminable at the time of the 2007 Budget preparation. Resources for the expenditures are: 1. Unanticipated revenue 2. Contributions from active funds 3. Ending fund balances V. DISCUSSION: Please see attached memo from the Finance Manager to the City Manager. VI. OTHER COMMENTS: 3(k) ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 ANNUAL BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2007 Annual Operating Budget originally adopted through Ordinance No.3805 on December 18,2006,and WHEREAS,a Public Hearing has been held subsequent to due notice,and the City Council has, after consideration,deemed the proposed Supplement to the Annual Operating Budget necessary and appropriate; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120,the 2007 Operating Budget be and the same is hereby amended to provide for the following adjustments to revenue and expenditures,and by providing authority for any necessary transfer of money within or between funds as indicated. FUND REVENUE EXPENDITURE General Fund 1,500,000 1,500,000 M.L. King Center Fund 4,500 4,500 Ambulance Service Fund 100,000 100,000 Senior Center Fund 37,000 37,000 Multi-Modal Facility 8,000 8,000 Special Assessment Lodging Fund 15,000 15,000 Litter Abatement Fund 15,000 15,000 TRAC Development and Operating Fund 150,000 150,000 Central Stores Fund 20,000 20,000 $ 1,849,500 $ 1,849,500 The above items are shown as revenues and appropriations to specific budgets and items within budgets in the attachment marked"Exhibit 1-A -2007 Budget Supplement'the Expenditure/Revenue detail,which is incorporated herein as though fully set forth. §2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and in the Exhibit and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provisions of this Ordinance. §3. This ordinance shall take effect five(5)days after passage and publication. PASSED by the City Council of the City of Pasco,at its regular meeting on December 17,2007. Joyce Olson,Mayor APPROVED AS TO FORM: ATTEST: Debra Clark,City Clerk Leland B.Kerr,City Attorney ORDINANCE NO. AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT PROJECTS BUDGET FOR THE YEAR 2007. WHEREAS,on December 18,2006,the City Council passed Ordinance No. 3806,an Ordinance adopting the City of Pasco Capital Improvements Projects Budget for the year 2007; and WHEREAS,during the year 2007 additional capital improvement expenditures became necessary that were unanticipated and a need exists requiring a Supplement to provide for such expenditure authority,and, WHEREAS,a Public Hearing has been held subsequent to due notice,and the City Council has, after consideration,deemed the proposed Supplement to the Capital Improvements Projects Budget necessary and appropriate;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO ORDAIN AS FOLLOWS: §1. The following capital improvements projects and water/sewer construction projects are hereby athorized as detailed below: Current Change in Total New PROJECTS Authority Authority Authority Court Street Widening from Rd 68 to Rd 84 $ 800,000 $ 581,000 1,381,000 New Water Tower Road 68 4,070,000 907,000 4,977,000 2006 Annual Street Overlay 779,000 59,000 838,000 Water Treatment Plant Digestor Membranes - 200,000 200,000 Road 26-Road 28 Improvements 400,000 29,000 429,000 Baseball Stadium Improvements 1,000,000 341,000 1,341,000 2006 Sewer Lining Project 50,000 353,000 403,000 Waste Water Treatment Plant Expansion 110,000 80,000 190,000 7,209,000 2,550,000 9,759,000 §2. This ordinance shall take effect five(5)days after passage and publication. PASSED by the City Council of the City of Pasco,at its regular meeting on December 17,2007. Joyce Olson,Mayor APPROVED AS TO FORM: ATTEST: Debra Clark,City Clerk Leland B.Kerr,City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE GENERAL FUND TO THE ARTERIAL STREET FUND, THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND THE AMBULANCE SERVICE FUND IN THE TOTAL SUM OF $1,485,000, WHEREAS,the City Council of the City of Pasco has,pursuant to RCW 35.33.121, found that it is in the best interest of the City to lend funds from the General Fund to the Arterial Street Fund, the Community Development Block Grant Fund, and the Ambulance Service Fund, and to provide for the repayment thereof, and NOW,THEREFORE, THE CITY OF PASCO,WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Authorization for loan. The Finance Manager of the City of Pasco is hereby authorized and directed to make the following loans from the City of Pasco General Fund: (A)To the Arterial Street Fund in the sum of$1,000,000; (B)To the Community Development Block Grant Fund in the sum of$275,000; (C)To the Ambulance Service Fund in the sum of$210,000; 2. Terms and Memorialization. The effective dates of the loans shall be December 31, 2007 and shall be due and payable on January 1, 2007, 1 day later. Such loans shall bear no interest. This resolution shall constitute memorialization of these loans and their terms. PASSED by the City Council of the City of Pasco, Washington, this 17`h day of December 2007. SIGNED in authentication of its passage this 17th day of December, 2007. Joyce Olson, Mayor ATTEST APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney MEMORANDUM Date: December 6, 2007 To: Gary Crutchfield, City Manager Stan Strebel, Administrative& Community Services Director From: Jim Chase,Finance Manager Subject: 2007 OPERATING AND CAPITAL IMPROVEMENTS PROJECTS BUDGET SUPPLEMENT. As is traditionally the case, a budget supplement is required to increase legal spending authority for those items unanticipated or indeterminable at the time the 2007 Annual Operating and Capital Improvements Projects Budgets were adopted. 2007 OPERATING BUDGET SUPPLEMENT Resources for 'the 2007 Operating Budget Supplement will be unanticipated revenue, contributions from active funds, and beginning and ending fund balances. The budget supplement ordinance will only list those funds that will actually increase revenue and/or expenditure amounts. Those funds that are utilizing ending fund balance will not be listed. GENERAL FUND: The following departments require additional authority to cover unanticipated expenditures. Please refer to the attached Exhibit 1 to see the line items affected. 1. City Manager's Department requires a supplement of$83,300. This is essentially due to the Communications Division being separated from the Administration Section requiring a $73,300 increase and the remainder in the Personnel Division primarily for additional position advertising. 2. Police requires a supplement of $1,046,500. $738,900 is due to salary and overtime increases primarily due to the new union contract agreed upon late in 2006. The other large portion ($260,000) of the increase is due to the care and housing of prisoners at the Franklin County Jail. 3. Fire requires a supplement of $288,300. Salaries and related Benefits ($248,000) is the major portion of this supplement. The remainder is utility related expenses at the fire stations. 4. Administrative & Community Services requires a supplement totaling $61,800. Salaries and related Benefits ($16,800) require and increase. Legal services exceeded the budget estimate by$45,000. 5. Community Development requires a supplement of $339,000. The largest item in this department is for the contracted services of the building inspectors ($300,000). 6. Non-Departmental requires a supplement of $1,183,600. The Non-Departmental Supplement includes interfund loans totaling $1,485,000. These loans will provide the associated funds with a positive cash account at the end of the year; the loans will be made in December 2007 and repaid in January 2008 and accrue no interest. As you are aware, the State Auditor's Office required interfund loans to be made to those funds with negative cash balances at the end of the year. Non-Departmental also has Operating Transfers totaling $222,000. Additional salary increases were anticipated for the Police and Fire Departments as well as normal step increases. The salary and benefits line items were decreased($625,000) and those line items increased in the respective departments. 7. The Library requires a supplement of$77,000 primarily due to the increase in the Library ' contract with the Mid-Columbia Library District. The total amount of the above expenditure increases is $3,079,500. There are two ways to cover the increased expenditure amounts. The City has been fortunate to have collected additional revenues over and above originally budgeted amounts. The increased expenditures can be covered, in part, by increasing the Local Sales & Use Tax budget by $800,000, the Electric Utility Tax budget by $100,000, the Building Permits budget by $500,000 and the Plan Checking Fees budget by$100,000. The remainder can be covered by reducing the Ending Fund Balance budget by $1,579,500. The overall effect would increase the General Fund budget by $1,500,000. OTHER OPERATING FUNDS: ARTERIAL STREET FUND: The fund needs a $1,000,000 interfund loan in order for the fund to have positive cash balance at year end. The loan will be repaid in January. No increase in the budget is needed. COMMUNITY DEVELOPMENT BLOCK GRANT FUND: The fund needs a $275,000 interfund loan in order for the fund to have positive cash balance at year end. The loan will be repaid in January. No increase in the budget is needed. M.L. KING CENTER FUND: A$4,500 increase in budget authority is needed to cover additional expenses in this fund. Increased revenues for the King Center Rent will provide the offset for the expenditures. AMBULANCE SERVICES FUND: $100,000 of additional authority is needed in the Ambulance Services Fund largely due to increased overtime. The fund experienced an increase in Medicare and Medicaid write-offs than originally anticipated but also more in the way of the monthly utility revenues. A$210,000 interfund loan is also needed to provide a positive cash balance at the year end. The loan will be repaid in January. SENIOR CENTER FUND: An additional $37,000 in spending authority is needed for various Senior Center line items. The offsetting amount will come from an Operating Transfer from the General Fund. This will also cover an existing negative cash balance in the fund. MULTI-MODAL FACILITY FUND: Additional budget authority of $8,000 is needed for the Multi-Modal Facility in various line items. The offset will come from increasing revenue authority. SPECIAL ASSESSMENT LODGING FUND Additional budget authority of $15,000 is needed in this fund. Increased Tourism Promotion Area (TPA) funds received means increased amounts sent to the Tri Cities Visitor & Convention Bureau who manages the TPA. LITTER ABATEMEIVT FUND: An additional $15,000 in spending authority is needed in the Litter Abatement Fund to cover increased litter clean-up costs. The offset will come in the form of an Operating Transfer from the General Fund. TRAC DEVELOPMENT AND OPERATING FUND: An additional $150,000 in spending authority is needed this year to required subsidy payments (Pasco's share of the operating losses) to TRAC. The offset will come in the form of an Operating Transfer from the General Fund. CENTRAL STORES FUND Additional Spending authority of$20,000 is needed in the Central Stores Fund. The offset will be an Operating Transfer from the General Fund which will also provide for a positive cash balance at year end. 2007 CAPITAL IMPROVEMENT BUDGET SUPPLEMENT During the course of the year some capital improvements projects will exceed their original appropriation; or were not included in the 2007 Capital Improvements Projects Budget, therefore, a supplement to the 2007 Capital Improvements Projects Budget is required. The total amount of increased authority is $2,550,000. The projects needing additional authority are as follows: Current Change in Total New PROJECTS Authority Authority Authority Court Street Widening from Rd 68 to Rd 84 $ 800,000 $ 581,000 $ 1,381,000 New Water Tower Road 68 4,070,000 907,000 4,977,000 2006 Annual Street Overlay 779,000 59,000 838,000 Water Treatment Plant Digestor Membranes - 200,000 200,000 Road 26 - Road 28 improvements 400,000 29,000 429,000 Baseball Stadium Improvements 1,000,000 341,000 1,341,000 2006 Sewer Lining Project 50,000 353,000 403,000 Waste Water Treatment Plant Expansion 110,000 80,000 190,000 $7,209,000 $2,550,000 $9,759,000 Court Street Widening The increase in expenditures was discussed at the 1/16/07 and 4/16/07 City Council meetings. New Water Tower The increase in expenditures was discussed at the 5/7/07 City Council meeting. 2006 Annual Street Overlay The increase in expenditures was discussed at the 6/18/07 City Council meeting. Water Treatment Plant Digestor Membranes The increase in expenditures was discussed at the 9/17/07 City Council meeting. Road 26/Road 28 Improvements The increase in expenditures was discussed at the 9/4/07 and 10/1/07 City Council meetings. Baseball Stadium Improvements The increase in expenditures was discussed at the 1/29/07 City Council meeting. 2006 Sewer Lining Project The increase in expenditures was discussed at the 4/2/07 City Council meeting. Waste Water Treatment Plant Expansion The increase in expenditures was discussed at the 12/3/07 City Council meeting. EXHIBIT 1 2007 BUDGET SUPPLEMENT EXPENDITURES REVENUES GENERAL FUND: CITY MANAGER COMMUNICATIONS 010-130-51330 511010 Salaries 58,000 010-130-51330 521010 FICA 3,500 010-130-51330 521011 Medicare 850 010-130-51330 521020 PERS 3,400 010-130-51330 521070 State Industrial 200 010.130-51330 531090 Misc. Office Supplies 1,000 010-130-51330 543090 Other Transportation 1,800 010-130-51330 549096 Seminars/Training 850 010-130-51330 596170 Medical/Dental Premiums 3,700 73,300 PERSONNEL 010-130-51610 544020 Personnel Advertising 10,000 010-130-51610 596170 Medical/Dentallnsur. 2,600 12,600 TOTAL CITY MANAGER 83,300 POLICE ADMINISTRATION 010-210-52110 511010 Salaries and Wages 9,000 010-210-52110 541090 Misc. Professional Services 22,000 31,000 INVESTIGATIONS 010-210-52121 511010 Salaries and Wages 91,000 PATROL 010-210-52122 511010 Salaries and Wages 521,000 010-210-52122 512010 Overtime 60,000 010-210-52122 596170 Medical/Dentallnsur. 13,000 594,000 GREAT PROGRAM 010-210-52133 511010 Salaries and Wages 13,900 010-210-52133 512010 Overtime - 010-210-52133 596170 Medical/Dentallnsur. 600 14,500 TRAINING 010-210-52140 511040 Wages-Training 31,000 010-210-52140 512010 Overtime 13,000 010-210-52140 549020 Tuition 7,000 010-210-52140 596170 Medical/Dental Premiums 5,000 56,000 CARE& CUSTODY OF PRISONERS 010-210-52360 541090 Misc. Professional Services 260,000 TOTAL POLICE 1,046,500 EXPENDITURES REVENUES FIRE ADMINISTRATION 010-310-52210 511020 Part-Time Wages 5,800 FIRE SUPPRESSION 010-310-52220 511010 Salaries&Wages 30,000 010-310-52220 512010 Overtime 180,000 010-310-52220 512060 Upgrade Pay 14,000 010-310-52220 521030 LEOFF 6,000 010-310-52220 596170 Medical/Dental Premiums 13,000 243,000 FACILITIES 010-310-52250 547010 Water&Sewer 3,000 010-310-52250 547030 Garbage 4,000 010-310-52250 547040 Electricity 12,000 010-310-52250 547050 Natural Gas 8,500 010-310-52250 549030 Laundry 12,000 39,500 TOTAL FIRE 288,300 ADMINISTRATIVE&COMMUNITY SERVICES ADMINISTRATION 010-410-51010 511010 Salaries&Wages 10,000 010-410-51010 596170 Medical/Dental Premiums 2,200 12,200 BUDGETING &ACCOUNTING 010-410-51423 596170 Medical/Dental Premiums 4,600 LEGAL SERVICES 010-410-51520 541010 Legal Services 45,000 TOTAL ADMINISTRATIVE&COMMUNITY SERVICES 61,800 COMMUNITY DEVELOPMENT PERMITS&CERTIFICATIONS 010-505-52420 541090 Misc. Prof. Services 300,000 PLANNING 010-505-55860 511010 Salaries and Wages 3,000 010-505-55860 512010 Overtime 5,000 010-505-55860 541090 Misc. Prof. Services 31,000 39,000 TOTAL COMMUNITY DEVELOPMENT 339,000 EXPENDITURES REVENUES NON-DEPARTMENTAL OTHER EMPLOYEE BENEFITS 010-905-51790 596170 Medical Insurance-Interfund 16,600 OTHER GENERAL GOVT SERVICES 010-905-51990 511010 Salaries&Wages (575,000) 010-905-51990 521000 Personnel Benefits (50,000) 010-905-51990 541030 Organizational Services 85,000 (540,000) INTERFUND LOANS 010-905-58110 555010 Interfund Loan-Arterial Street Fund 1,000,000 010-905-58110 555010 Interfund Loan-Block Grant Fund 275,000 010-905-58110 555010 Interfund Loan-Amb Sery Fund 210,000 1,485,000 OPERATING TRANSF-OUT 010-905-59700 555010 Interfund Transfers-Out-Sr Center Fund 37,000 010-905-59700 555010 Interfund Transfers-Out-Litter Abatement Fund 15,000 010-905-59700 555010 Interfund Transfers-Out-TRAC Fund 150,000 010-905-59700 555010 Interfund Transfers-Out-Central Stores Fund 20,000 222,000 TOTAL NON-DEPARTMENTAL 1,183,600 LIBRARY PUBLIC SERVICES 010-910-57221 551030 Other Agency Services 62,000 FACILITIES 010-910-57250 548020 Repairs & Maint- Building 15,000 TOTAL LIBRARY 77,000 REVENUES 010-000-00000 431310 Local Sales&Use Tax 800,000 010-000-00000 431651 Electric Utility Tax 100,000 010-000-00000 432210 Building Permits 500,000 010-000-00000 434583 Plan Checking Fees 100,000 010-905-50800 506000 Unreserved Ending Fund Balance (1,579,500) 1,500,000 1,500,000 OTHER OPERATING FUNDS EXPENDITURES REVENUES ARTERIAL STREET FUND 120-000-00000 438110 Interfund Loan 1,000,000 Loan needed to cover negative cash balance. COMMUNITY DEVELOPMENT BLOCK GRANT FUND 140-000-00000 438110 Interfund Loan 275,000 Loan needed to cover negative cash balance. M.L. KING CENTER COMMUNITY CENTER 145-440-57550 511010 Salaries&Wages 2,000 145-440-57550 521070 State Industrial 800 145-440-57550 547030 Garbage 1,200 145-440-57550 547040 Electricity 500 145-000-00000 436248 King Center Rent 4,500 4,500 4,500 AMBULANCE SERVICES FUND 150-311-52620 512010 Overtime 100,000 150-000-00000 434263 Amb Monthly Utility Charge 110,000 150-000-00000 434292 Medicare Write-Offs (110,000) 150-000-00000 434293 Medicaid Write-Offs (110,000) 150-000-00000 438111 Interfund Loan 210,000 TOTAL AMBULANCE SERVICES FUND 100,000 100,000 Loan needed to cover negative cash balance. EXPENDITURES REVENUES SENIOR CENTER FUND FOOT CARE 170-411-55591 511020 Part-Time Wages 6,000 6,000 ADMINISTRATION 170-411-57610 511010 Salaries&Wages 5,000 170-411-57610 511020 Part-Time Wages 5,000 170-411-57610 531050 Janitorial Supplies 2,000 170-411-57610 531090 Misc Operating Supplies 5,000 170-411-57610 541090 Misc Professional Services 8,000 170-411-57610 544090 Misc Advertising 2,000 170-411-57610 547010 Water/Sewer 2,000 170-411-57610 596170 Medical Dental Insurance 2,000 31,000 170-000-00000 439730 Operating Transfer In-General Fund 37,000 TOTAL SENIOR CENTER FUND 37,000 37,000 MULTI MODAL FACILITY MULTI-MODAL FACILITY 180-460-53956 511010 Salaries&Wages 2,000 180-460-53956 531050 Janitorial Supplies 2,000 180-460-53956 547010 Water/Sewer 2,000 180-460-53956 548020 Repair&Maintenance Building 2,000 180-000-00000 436255 Misc. Rents 8,000 TOTAL MULTI MODAL FACILITY 8,000 8,000 SPECIAL ASSESSMENT LODGING FUND 188-960-57540 541030 Organizational Services 15,000 188-000-00000 431340 Hotel/Motel Special Assessment 15,000 15,000 15,000 LITTER ABATEMENT FUND ROADSIDE CLEANUP 189-789-54270 541090 Misc Professional Services 15,000 189-000-00000 439730 Operating Transfer In-General Fund 15,000 TOTAL LITTER ABATEMENT FUND 15,000 15,000 EXPENDITURES REVENUES TRAC DEVELOPMENT&OPERATING FUND ADMINISTRATION 191-961-57541 551020 County Services 150,000 191-000-00000 431350 Convention/Trade Center Tax - 191-000-00000 439730 Operating Transfer In-General Fund 150,000 TOTAL TRAC DEVELOPMENT &OPERATING FUND 150,000 150,000 CENTRAL STORES FUND PURCHASE OF INVENTORY 530-132-51958 534090 Inventory Items 20,000 530-000-00000 434870 Sales to City Departments - 530-000-00000 439799 Operating Transfer In-General Fund 20,000 TOTAL CENTRAL STORES FUND 20,000 20,000 CAPITAL IMPROVEMENTS PROJECTS Current Change in Total New PROJECTS Authority Authority Authority Court Street Widening from Rd 68 to Rd 84 $ 800,000 $ 581,000 $ 1,381,000 New Water Tower Road 68 4,070,000 907,000 4,977,000 2006 Annual Street Overlay 779,000 59,000 838,000 Water Treatment Plant Digestor Membranes - 200,000 200,000 Road 26- Road 28 Improvements 400,000 29,000 429,000 Baseball Stadium Improvements 1,000,000 341,000 1,341,000 2006 Sewer Lining Project 50,000 353,000 403,000 Waste Water Treatment Plant Expansion 110,000 80,000 190,000 $ 7,209,000 $ 2,550,000 $ 9,759,000 AGENDA REPORT FOR: City Council December 5, 2007 TO: Gary Crutchf anager FROM: Stan Strebel, A mi is live and Community Workshop Mtg.: 12/10/07 Services Director Regular Mtg.: 12/17/07 SUBJECT: Professional Services Agreement for Indigent Defense Services I. REFERENCE(S): 1. Proposed Agreement 2. Letter from Chris Herion 3. Memo from City Clerk II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17: MOTION: I move to approve the Professional Services Agreement for Indigent Defense with Heidi Ellerd and further,to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $30,000 annually(min.) General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City has a panel of two attorneys for providing defense services to indigent defendants in Municipal Court. Council recently approved a contract with Carlos Villarreal who replaced Ryan Swinburnson who resigned for other employment. Staff has recently received a resignation from the other public defender, Chris Herion, who is resigning due to his responsibilities with the U. S. Army. B) Because staff has recently solicited applications and interviewed applicants for the prior vacant position it is recommended that the City contract with the next qualified applicant from that interview group. It is recommended that Heidi Ellerd be retained for providing public defense services for the timeframe of January 1, 2008 through December 31,2009. C) The proposed contract is the same in all material aspects as the existing contract with Mr. Villarreal. 3(I) PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective January 1, 2008, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Heidi M. Ellerd, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to_jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall not be responsible for prosecuting the appeal in Superior Court, but shall remain responsible to the appellant until another attorney is appointed to represent the appellant in Superior Court. If and when the case is remanded to Pasco Municipal Court, Attorney shall again assume responsibility to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. Professional Service Agreement- 1 D. The Attorney is expected to have knowledge of the court's schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: (1) For the 200$ calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. (2) For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made monthly with the first monthly payment to be made not later than the 2$1h day of February 2008, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30`h day of each succeeding month and the final payments being made not later than the 30`h day of January 2010. B. The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. Professional Service Agreement- 2 D. Definitions: (1) "Case assigned`'. For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terms of probation. (2) "Deferred or Probation Case Assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terms of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM The terms of this Agreement shall be for the period commencing January 1, 2008, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one (1) additional term of one (1) year. The terms and conditions of the renewal term shall be identical to the terms and conditions of the last year of the original term (with appropriate modifications of installment payment dates) Professional Service Agreement - 3 except that upon termination of the final term, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring term. The giving of such notice shall make the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney's Law Firm may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five (45) days advance written notice to the other. "Phis Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of law, this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section II above. Professional Service Agreement-4 SECTION VII INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage with the City of Pasco as an additional named insured on the policy and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this day of , 200 . CITY OF PASCO Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney ATTORNEY or Attorney Professional Service Agreement- 5 CHRIS HERION Attorney At Law, PLLC 415 N Morain, Ste A Kennewick, WA 99336 (509) 737-8308 cherion @verizon.net November 29, 2007 RECEIVED NY 29 1W Debbie Clark City Clerk PASCO C17y CLERK City of Pasco RE: Professional Service Agreement Dear Ms. Clark, As of yesterday, I have been advised by the U.S. Army that I may be called to active duty, as a Judge Advocate General, effective February 10, 2008. Therefore, I am giving the City of Pasco 45 days advance written notice to terminate my personal service agreement to represent indigent persons charged with misdemeanors and gross misdemeanors in Pasco Municipal Court. I understand the court will continue to appoint me cases during the 45-day period. I will make every effort to complete all of my cases before my departure date. However, I will be compelled to ask the court to assign new counsel to any remaining cases in order to meet my active duty commitment. Sincerely, h Cc: Court Administrator Dot French Judge Mary Ramirez City Prosecutor Mike Rio MEMORANDUM To: Stan Strebel, Director Administrative & Community Services From: Debbie Clark, City Clerk Date: December 4, 2007 Subject: Indigent Defense Representative Stan, On November 29th, Chris Herion, Attorney at Law presented his notice to terminate his Indigent Defense contract with the City of Pasco. Per the terms of the contract Section VI ...either party without cause upon forty-five (45) days of advance written notice... may terminate the contract. Mr. Herion's last day will be January 12, 2008 (please see attached letter dated November 29, 2007). Dot French, Court Administrator stated that Mr. Herion shared with her that he would be willing to step down earlier if a replacement was available. September 7th of this year Ryan Swinburnson Indigent Defense informed staff of his desire to terminate his Indigent Defense contract with the City of Pasco. Staff advertised and conducted interviews with three qualified applicants for his position replacement. The Committee's first choice was Mr. Carlos Villarreal who received approval by City Council on October 15, 2007; second choice was Ms. Heidi Ellerd. In an effort to avoid disruption to Municipal Court process and placing undue burden on Mr. Villarreal, the Interview Committee recommends consideration of Ms. Heidi Ellerd as Indigent Defense Representative effective January 1, 2009 - filling the vacancy created by Mr. Herion. Staff contacted Ms. Ellerd to inquire of her interest in the Indigent Defense Representative position; Ms. Ellerd informed staff she was interested and further provided the attached proposed contract for consideration. Please note: 2008 — 2009 terms of the contract are the same as the terms accepted by Mr. Villarreal. Please advise, Debbie AGENDA REPORT TO: City Council December b, 2007 FROM: Gary Crutch i Manager Workshop Mtg.: 12/10/07 SUBJECT: Baseball Stadi in Lease I. REFERENCE(S): 1. Proposed Lease Agreement(Council packets only; copy available in the City Manager's office, the Pasco Library or on the city's website at www_pasco-wa.gov for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion III. FISCAL IMPACT: See discussion below. IV. HISTORY AND FACTS BRIEF: A) The city's professional baseball stadium, built in 1995 has been leased to Northwest Baseball Ventures since June 2004. That five-year lease will expire at the end of 2008. The general provisions of the lease include rent at $15,000/year the first year, rising by $2,500 each year to $25,000 in 2008; tenant pays for most utilities; city provides major structure repair. The tenant was also obligated to spend $50,000 in tenant improvements at the stadium in the first two years of the lease; in exchange, the city provided the right to sell (rent)the stadium name for the period of the lease. B) Over the past four years the tenant has established a strong presence in the Tri-Cities community and has developed a stronger fan base (average ticket sales have increased each of the past four years). The tenant has performed its responsibilities under the lease satisfactorily and has been timely with all rent and other payments due the city. Given the improved business operation being realized, the tenant desires a new lease agreement be established before the current lease expires. inasmuch as finding a replacement tenant would require about a year, it is also in the city's interest to determine whether or not a new lease agreement is acceptable, at the soonest opportunity. C) The new lease provides a longer term arrangement for occupancy of the stadium by a tenant that is realizing some success in growing the business. It is also structured to provide the city the strong probability of a "break even" on the stadium operation each year, as revenues/taxes from the tenant are expected to offset the city's cost obligations each year (other than debt service), assuming no major structural repair work is required. Beyond that, the tenant's installation of the modular office building speaks volumes as to the tenant's commitment to the Tri-Cities market for professional baseball. V. DISCUSSION: A) The proposed 10-year lease provides for the following(key) changes: • Term: the old five-year lease will be replaced by a 10-year lease but will include a five-year extension (thus, a total of 15 years), subject to mutual agreement on rent for the extension period; • Rent: the base rent in 2008 will remain $25,000 (same as old lease), but will increase $1,000 each year (essentially represents a 4% annual increase) through the initial 10-year lease term. Rent for the five-year extension is subject to negotiation and mutual agreement at that time; 3(m) • Additional Rent: the city has received a modest payment from the tenant over the past two years under the current lease provision (5% of adjusted ticket revenue exceeding $250,000 annually). The proposed lease will increase the threshold to $400,000 and increase the deduction for MLB from 5% to 7% over the lease term. The effect of the change is that the city will likely receive no additional rent payment in 2008, but such payments are likely to resume in 2009 or 2010, at the latest. • Utilities: tenant will pay for all utilities (except well water) consumed by the stadium operation. • Winterization: city has performed this service (to assure its proper execution) with reimbursement of cost by tenant; under new lease, city will continue to perform the service but will not be reimbursed its cost. • Office Building: tenant is required to install modular office building at its expense; city will credit base rent by 1115 1h of tenant's cost but not more than $175,000 over the 15-year lease period. • Termination: if lease terminated by tenant prior to tenth year, no obligation on city to pay balance of rent credit owed for office building; if the city increases rent for five year renewal period more than acceptable by tenant, the city is obligated to pay balance of rent credit. • Naming Rights: tenant will have right to sell (rent) name of stadium for term of lease (same as current lease). • insurance: new lease increases tenant insurance obligations, from $1 million occurance/$2 million aggregate (old lease) to $2 million occurance/$5 million aggregate (new lease). B) The city's lease revenue and costs are estimated as follows: Lease Revenue: 2008 2009 2010 Rent $25,000 $26,000 $27,000 Additional Rent 0 0 $1,000 Admissions Tax $9,900 $10,500 $11,00 0 Gross Revenue $34,900 $36,500 $39,000 Rent Credit(max) -$I I 666 -$11,666 - 11 666 Net Revenue $23,234 $24,834 $27,334 Annual Operating Expenses: Personnel $500 Supplies $500 Professional * $1,000 Insurance $5,000 Electricity(well) $1,000 Repair/Maintenance * $15,000 Administration/Accounting $2,000 $25,000 * variable C) The only risk to the city in the proposed lease is the possibility of a major repair being required during the term. For that reason, staff has insisted on a term not to exceed ten years (the tenant prefers 15 years), as it will provide the city an opportunity to assess its exposure before agreeing to the five-year extension. D) Tenant representatives are not available for the December 10 Workshop meeting, but will attend the December 17 meeting if Council is prepared to consider the proposed lease. BASEBALL STADIUM LEASE THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this day of , 2007, by and between the CITY OF PASCO, a Washington municipal corporation("City"), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability company(the"Tenant"). RECITALS: City owns certain real property in Franklin County, Washington, legally described in Exhibit A attached hereto (the"Property"), upon which City has constructed a baseball stadium and related improvements (the`Baseball Stadium"). Tenant desires to lease from City, and City agrees to lease to Tenant, the Property and Baseball Stadium (collectively the"Premises") on the terms and conditions set forth herein. This Lease is intended to supersede and replace in its entirety that certain Baseball Stadium Lease entered into by City and Tenant dated June , 2004(the"2004 Lease"). By executing this Lease, City and Tenant agree that the 2004 Lease shall be terminated effective December 31, 2007. NOW, THEREFORE, City and Tenant hereby agree: 1. LEASE City leases to Tenant and Tenant leases from City, in accordance with the terms hereof, the Premises (including the Baseball Stadium located thereon). II. USES 2.1 Uses. a. Use. Subject to Section 2.1c, Tenant shall have the exclusive and unrestricted right to use and operate the Premises for any baseball or non-baseball events that Tenant sponsors or that Tenant allows third parties to sponsor. Tenant shall operate the Premises in a sound and professional manner. The Premises shall be a public facility, and the seating, parking, concession stands, restroom facilities, and other specified areas thereof shall be open to the public, subject to reasonable admission fees and other reasonable restrictions. Notwithstanding the foregoing, Tenant may not use the Premises, or permit any other person or entity to use the Premises, for any improper, immoral or unlawful purpose, for a use or purpose inconsistent with applicable zoning or the primary use of the Premises for professional baseball purposes, or for any use that would constitute a public or private nuisance or would make void or voidable any insurance then in force with respect to the Premises. Tenant also may not use the Premises, or permit any other person to use the Premises, for flea markets,bazaars, or similar events for the sale of used or second-hand items. b. Baseball Equipment. This Lease includes the right of Tenant to use at the Premises the baseball equipment identified in Exhibit B attached hereto (the"Equipment"). City -1- 50856490.3 makes no warranty or representation concerning the condition of such Equipment. Tenant agrees to maintain such Equipment in good working condition (reasonable wear and tear excepted) and to replace items of Equipment as reasonably necessary. Upon the expiration of the Term (as defined below) of this Lease all items of Equipment, including replacements thereof, shall belong to City,provided that with respect to replacements that are less than two (2) years old as of the date of expiration of the Lease, such replacements shall become the property of the City only if the City reimburses Tenant for the unamortized cost incurred by Tenant to purchase such replacements,based upon an amortization period of the lesser of sixty(60) months or the useful life of such replacements. C. Other Uses. Subject to the scheduling provisions set forth in this Lease, City shall have the right to use the Premises for up to five(5) community events sponsored by City(each a"Community Event")per calendar year during the Term, including a 4th of July fireworks display. Each day of a multi-day Community Event shall count as one Community Event. Tenant shall allow community baseball events and baseball events sponsored by local colleges and universities to take place in the Baseball Stadium at the lowest reasonable rental rate possible, and subject to the availability of the Baseball Stadium. Such baseball events shall not be deemed Community Events. Non-baseball events sponsored by Tenant or by third parties and Community Events shall, collectively, be"Other Events." Tenant shall operate the Baseball Stadium during Community Events and City shall reimburse Tenant for Tenant's reasonable actual out-of-pocket cost of operating the Baseball Stadium during such events, including utility costs if the Community Event includes the use of the baseball field lights. 2.2 Exclusive Rights. Tenant shall have the exclusive right during the Term to do the following: a. To use the Premises (including the locker rooms) for professional, semi- professional or college summer league baseball purposes and to conduct Other Events permitted by this Lease; b. To allow third party sponsors to use the Premises to conduct Other Events permitted by this Lease; C. To use the baseball team office located within the Premises; d. To use the storage facilities dedicated to the baseball team and its equipment; e. To solicit advertisements to be located on the interior walls of the Baseball Stadium, including without limitation,those to be located on the scoreboard, and to solicit advertisements to be located on that portion of the exterior walls of the Baseball Stadium above the concourse area and described in Exhibit C, and to install and receive revenue from such advertisements. Tenant may not display advertisements on the exterior walls of the Baseball Stadium, other than above the concourse area, without City's prior consent. Advertisements that occur inside or on the exterior walls of the Stadium may not include or connote adult content, firearms or tobacco. City may place signage within the Baseball Stadium announcing upcoming -2- 50856440.3 City functions and events with Tenant's prior consent,which consent may not be unreasonably withheld. f. To direct all aspects of the operation,management and control of the Premises, except as expressly set forth in this Lease; g. To sell food, drink and souvenir concessions(collectively"Concessions") to patrons of the Premises during baseball games or Other Events, subject to the provisions contained in Section VIII below; and h. To use the press box area during baseball games, and during all Other Events sponsored by Tenant or third parties taking place within the Baseball Stadium. Public address equipment provided by Tenant shall be available for the use by City for Community Events,provided such public address equipment is operated by an employee or designee of Tenant or an employee or designee of City trained to use such equipment and approved by Tenant(such approval not to be unreasonably withheld). If the public address equipment is operated by an employee or designee of Tenant for a Community Event, City shall reimburse Tenant for the reasonable actual costs to make such employee or designee available to operate such equipment. 2.3 Scheduling. On or before September I"of each calendar year,beginning September 1, 2008, City shall deliver to Tenant a schedule of the soccer tournaments to be held during the next calendar year in the playing fields adjacent to the Baseball Stadium. Tenant shall use its best efforts to prevent the Northwest League(the "Northwest League"),which is a member of the National Association of Professional Baseball ("NAPBL") from scheduling a Minor League Baseball game in the Baseball Stadium on a date that a soccer tournament will be held in the playing fields adjacent to the Baseball Stadium. If a Minor League Baseball game is scheduled in the Baseball Stadium on the date of a soccer tournament, Tenant shall schedule such baseball game as a night game. City shall submit a request to Tenant to use the Baseball Stadium for a Community Event at least thirty(30)days before the proposed date of the Community Event,Tenant shall make reasonable efforts to accommodate City's scheduling requests for Community Events. Tenant shall also make reasonable efforts to accommodate other soccer tournaments in the playing fields adjacent to the Baseball Stadium (in addition to those designated under the first sentence of this Section 2.3) if requested by City. Soccer tournaments scheduled for 2008 are listed in Schedule 1, which dates are acknowledged by Tenant. In addition to the foregoing, Tenant shall not schedule a baseball game or Other Event on the 4th of July, and the Baseball Stadium shall be reserved for the City's 4th of July fireworks display. III. TERM 3.1 Term. The term of this Lease shall commence on January 1, 2008 (the"Effective Date"), and shall expire on December 31, 2017, unless extended pursuant to Section 3.2 below (the"Initial Term"). -3- 50856490.3 3.2 Extension Option. Tenant shall have one (1) option to extend the Initial Term for five(5) years, subject to the terms provided herein(the`Extension Tenn"). The Extension Tenn together with the Initial Term are referred collectively as the "Term". (a) If, at the time of exercise, Tenant has performed all Tenant's covenants and is not in default under any of the terms of the Lease beyond any applicable cure period, then Tenant, on giving written notice to City not earlier than twenty-four(24) months, and not later than eighteen(18)months prior to the last day of the Initial Term of the Lease, shall have the right to extend the Initial Term of the Lease for an additional term of five(5) years upon the same terms and conditions as contained in the Lease, except for the Rent. The Extension Term shall commence on the day immediately succeeding the last day of the Initial Term of the Lease and shall end at midnight on the day immediately preceding the fifth anniversary of the first day of the extended term unless sooner terminated in accordance with the provisions of the Lease. The Rent during the Extension Term shall be mutually agreed upon between City and Tenant no later than twelve (12)months prior to the last day of the Initial Term of the Lease. If City and Tenant have not mutually agreed on the Rent at least twelve (12)months prior to the last day of the Initial Term, then the exercise of the extension option shall be deemed to be ineffective and this Lease shall automatically terminate on the last day of the Initial Term. IV. RENT, ADDITIONAL PAYMENTS 4.1 Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"): Period Annual Rent From the Effective Date to 12/31/08 $25,000 1/1/09 to 12/31/09 $26,000 1/1/10 to 12/31/10 $27,000 1/1/11 to 12/31/11 $28,000 1/1/12 to 12/31/12 $29,000 1/1/13 to 12/31/13 $30,000 1/1/14 to 12/31/14 $31,000 1/1/15 to 12/31/15 $32,000 1/1/16 to 12/31/16 $33,000 1/1/17 to 12/31/17 $34,000 Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301, Attention: City Treasurer("City's Address"). Tenant shall pay Rent in a lump sum annually on June 15 of each calendar year during the Term. Tenant shall pay a late service charge on all past due rent at the rate of five percent (5%)per month, but in no event higher than the legal limit. The Rent specified in this Section 4.1 includes the leasehold excise tax of 12.84%payable in accordance with Chapter 82.29A RCW(the"Leasehold Tax"). Tenant shall pay the Rent to City, and City will forward to the State of Washington as required by law that portion of the Rent which is allocable to the Leasehold Tax. If City raises the admission tax on tickets to view events in the Baseball Stadium above two and one-half percent(2.5%), the Rent set forth above shall be reduced on a dollar for dollar -4- 50856490.3 basis for each year the dollar amount of admission taxes collected by Tenant for such year in excess of 2.5% of the price of each ticket sold. In the event Tenant has already paid Rent, City shall refund to Tenant a portion of the Rent overpaid as a result of the application of this provision. 4.2 Additional Rent. a. Tenant shall pay City as additional rent ("Additional Rent") for each Lease Year(beginning with the Lease Year commencing January 1, 2008) five percent(5%) of all base ticket revenues associated with the use and operation of the Premises by Tenant, in excess of$400,000. "Base ticket revenues"shall mean the base ticket revenues for all paid tickets to attend and/or view events sponsored by Tenant. Base ticket revenues shall be the actual revenues generated by all ticket sales, exclusive of(i)revenues to pay admission taxes, (ii) trade and complementary tickets, and(iii) the MLB ticket tax as set forth in Schedule 2 attached hereto, not to exceed 7% for purposes of calculating base ticket revenues hereunder. If Tenant packages tickets with other goods and/or services (e.g.,hot dogs, soft drinks, etc.), base ticket revenues shall be calculated only on that portion of revenues reasonably allocated to the tickets to view the event, which will in no case be less than fifty percent (50%) of the face value of the ticket. if Tenant sells tickets at a discount from their face value,base ticket revenues shall be calculated from the discounted price of such tickets. Ticket revenues based on season or advanced ticket sales shall be deemed"collected"by Tenant for purposes of determining Additional Rent on the respective dates that events covered by such tickets actually occur. No Additional Rent shall be payable for Community Events or"free"events if Tenant is merely reimbursed the its reasonable costs to make the Premises available for such event. For purposes of calculating Additional Rent, a Lease Year shall be the 12-month period from January 1 to the next December 31. b. With respect to Other Events at the Premises sponsored by a third party, Tenant shall pay City as Additional Rent ten percent(10%) of the net sublease/license fees paid to Tenant by the third party to use the Baseball Stadium for such Other Event. Net sublease/license fees shall be the sublease/license fees paid to the Tenant with respect to such Other Event, less the reasonable and actual costs and expenses incurred by Tenant with respect to such Other Event. C. On or before October 1, of each year, Tenant shall remit to City a summary events reconciliation statement for the year to date, and including the entire baseball season. The reconciliation statement shall set forth ticket sales for all events sponsored by Tenant and net sublease/license fees paid to Tenant by third parties during such year to date. If as a result of such statement Additional Rent is due, such Additional Rent shall be paid simultaneously with the delivery of such statement. If Tenant or a third party sponsors Other Events in such year after the effective date of the reconciliation statement, then within ten (10) days after such Other Event, Tenant shall remit to City a reconciliation statement for such Other Event and pay any Additional Rent (if any) due as a result of such Other Event. d. Tenant shall maintain documentation and records verifying the ticket sales for each event held within the Baseball Stadium sponsored by Tenant and net sublease/license fees for each event held within the Baseball Stadium sponsored by a third party for a period of -5- 50856490.3 two (2)years after the date of such event. Upon written request by City, Tenant shall make such documentation reasonably available for an audit by City, or its duly authorized representatives, to verify the accuracy of the Additional Payments remitted by Tenant. e. If the Additional Rent is included in contract rent for purposes of calculating the Leasehold Tax, City shall pay such Leasehold Tax, including all applicable penalties and interest thereon, from the Additional Rent remitted by Tenant and the Additional Rent shall be deemed to have been reduced by the amount of such Leasehold Tax. f. Tenant shall include in all written agreements with third parties that sponsor Other Events, the right of City to audit such third parties' records regarding payment of subleased icense fees. V. UTILITIES 5.1 Utilities a. Utility Charges. Tenant shall pay or cause to be paid when due, and shall indemnify,protect and hold harmless City and the Premises from all charges for public or private utility services to the Premises during the Term, including without limiting the generality of the foregoing, all charges for heat, light, electricity, potable water, gas, telephone service, garbage collection and sewer and drainage service. Notwithstanding the foregoing, the City shall provide un-metered well irrigation water to Tenant at no cost to Tenant. b. Interruptions of Utility Services. City shall not be liable to Tenant in damages or otherwise(i) if any utility shall become unavailable from any entity(including City) supplying or distributing such utility, or(ii) for any interruption in any utility service(including, without limitation, any heating, air-conditioning or sprinkler) caused by the making of any necessary repairs or improvements or by any cause, and the same shall not constitute a termination of this Lease or an eviction of Tenant. If any utility service, used at the Premises and for which City is responsible, shall be interrupted, City shall restore such utility service as soon as practical. VI. CONDITION OF PREMISES; IMPROVEMENTS 6.1 Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in its current as is, where is, condition. Tenant acknowledges the opportunity prior to its execution of this Lease to conduct a thorough inspection of the Premises. 6.2 Air Conditioning. The air conditioning,previously installed by Tenant in the"home team"clubhouse/locker room, is part of the Premises, and during the Term shall be maintained by Tenant at Tenant's cost. Upon expiration or earlier termination of this Lease, the air conditioning equipment shall become the property of City, without additional cost or expense to City. -6- 508564903 6.3 Improvements. a. Tenant agrees and covenants to City that Tenant shall install a modular office building on the Property containing approximately square feet (the "Improvements"). The Improvements shall be completed and ready for occupancy no later than June 15, 2008. The Improvements shall be constructed and installed according to all governing laws and regulations, including but not limited to, the Americans with Disabilities Act. Prior to constructing or installing the Improvements, Tenant shall submit to City plans and specifications for the Improvements for City approval, such approval not to be unreasonably withheld. The location of the Improvements shall be subject to the prior approval of City. The Improvements when constructed shall become part of the Property and shall be owned by City. b. Following completion of the Improvements,Tenant shall provide City with an accounting of the actual third-party costs and expenses incurred by Tenant to install the Improvements, such costs not to include fees to Tenant or affiliates of Tenant, furniture or fixture costs, or other non-third party expenses. If requested by the City,the accounting shall be accompanied by receipts, contracts, or any other reasonable evidence of the costs incurred by Tenant for the Improvements. Upon City review and approval of such accounting, the costs incurred by Tenant to install the Improvements shall constitute the Approved Costs. C. City shall provide Tenant with an annual credit against the Rent in an amount equal to one-fifteenth (1/151h) of the Approved Costs, such credit not to exceed$11,666 annually or$175,000 in the aggregate(the"Rent Credit"). d. If City and Tenant mutually agree upon the Rent during the Extension Term and extend this Lease through the Extension Term, then Tenant shall be eligible for the Rent Credit through the Extension Term. If Tenant terminates this Lease after the expiration of the Initial Term without exercising its option to extend the Lease, then Tenant shall have forfeited any remaining Rent Credit. e. If Tenant exercises its option to extend this Lease but City and Tenant have not mutually agreed on the Rent for the Extension Term at least twelve (12)months prior to the last day of the Initial Term, then(i) upon expiration of this Lease following the end of the Initial Term and provided that Tenant has otherwise complied with the terms of this Lease, Tenant shall receive one-third (1/3) of the Rent Credit as a termination fee within sixty(60) days following the last day of the Initial Term; and (ii) this Lease shall terminate upon the expiration of the Initial Term. Notwithstanding the preceding sentence, if City proposes an amount for annual Rent for the Extension Term which does not exceed $34,000, and Tenant does not accept this proposal, then Tenant shall have forfeited any right to a termination fee upon the expiration of this Lease. VII. REPAIRS AND MAINTENANCE 7.1 City Obligation. City shall, at its own cost and expense, maintain and repair all structural portions of the Premises in a good and safe condition during the Term, reasonable wear and tear excepted, promptly after City is made aware of the need for such structural maintenance and/or repair. Structural portions of the Premises shall include, without limitation, all sidewalks -7- 50856490.3 and the roof, structural walls, structural members (including structural elements of the light poles, scoreboard and outfield fence), floor slabs and foundation of the Baseball Stadium and plumbing and electrical repairs that require alteration of floor slabs, foundations,roof or exterior walls. If governmental laws,rules, regulation or ordinances ("Applicable Laws") change such that the Premises no longer complies with Applicable Laws and can no longer be used for its intended purposes without repair or improvements, the City shall have the first option to alter or repair the Premises to bring it into compliance with Applicable Laws. If City does not bring the Premises into compliance with Applicable Laws within a reasonable period of time, Tenant shall have the right,but not the obligation,to make the alterations or repairs necessary to bring the Premises into compliance with Applicable Laws. If neither City nor Tenant elect to bring the Premises into compliance with Applicable Laws, Tenant may terminate this Lease in its sole discretion. The foregoing shall only apply to changes required to be made to the Premises in order to comply with Applicable Laws so that the Premises can continue to be used for its intended purposes and does not apply under circumstances where the Premises becomes a nonconforming structure, but for which changes are not required for the continued use of the Premises. 7.2 Tenant Obli atg_ions. a. Tenant shall be responsible, at its own cost and expense, for the routine maintenance and upkeep and routine nonstructural repairs of the Premises during the Term, including interior walls, ceilings, doors, windows, light fixtures, switches, wiring and plumbing not the responsibility of City under Section 7.1 above, and heating and air conditioning systems and equipment. Tenant shall also be responsible for the cost of cleaning the Premises and the cost of cleaning supplies and other routine supplies required to operate the Premises, all in accordance with customary standards for similar facilities and prudent maintenance practices. b. Notwithstanding the foregoing, City shall be responsible for all routine maintenance and repair of the Premises required by or arising from use of the Premises for Community Events. City shall fulfill its maintenance and repair obligations under this Section 7.2 immediately after use of the Premises for Community Events. c. Tenant shall also be responsible for garbage disposal and other cleaning of the Premises and Parking Areas (as defined below) following each game or Other Event sponsored by Tenant or a third party, and for payment of all expenses of staff and services for each game or Other Event sponsored by Tenant or a third party, including without limitation parking attendants, security officers, ticket salespeople and attendants, ushers, and, if applicable, medical personnel and vehicles. Tenant shall also be responsible for maintaining the baseball team office and locker rooms while Tenant is entitled to the exclusive use thereof. Tenant will permit no waste, damage or injury to the Premises. At the expiration or sooner termination of this Lease, Tenant will quit and surrender the Premises in a neat and clean condition(reasonable wear and tear excepted), and will deliver up all keys belonging to the Premises to City, or City's agent. Should Tenant fail to tender possession of the Premises to City as provided herein, City shall have the right to perform the work necessary to put the Premises in a neat and clean condition(reasonable wear and tear excepted), at Tenant's expense, and Tenant agrees to reimburse City for the costs to do so. 50956490.3 d. Tenant shall not damage or deface the Premises. Tenant shall not do anything which may injure the buildings or other improvements or be a nuisance or menace. All deliveries of supplies and material to the Premises shall be made at such hours and in accordance with such rules as City may reasonably prescribe. Tenant will not permit an accumulation of boxes, waste, or other refuse matter. Trash and garbage shall be stored, until disposed, within areas designated by City for such purposes. C. In addition, Tenant agrees as follows: (1) Care of Plumbing Facilities. Plumbing facilities shall not be used for any other purpose than that for which they were constructed. (ii) Cleaning of Kitchens. Tenant shall have the Concessions ventilation equipment cleaned at least every six (b)months, and Tenant upon request shall provide City with evidence that the work has been done for the most recent period. (iii) Odors. Tenant shall not permit the emission of offensive odors from the Premises or allow permeation through interior or exterior walls. (iv) Tenant To Pay For Violation. The expense of any breakage, stoppage or damage resulting from a violation of this Section 7.2 shall be borne by Tenant. (v) City May Demand Repairs. If City reasonably deems necessary any repairs required to be made by Tenant, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, City may make or cause such repairs to be made and Tenant agrees, forthwith, on demand, to pay to City the cost thereof with interest at the maximum rate permitted by law at the time City incurs said cost of repairs. 7.3 Plumbing System Winterization. Notwithstanding the other provisions of this Lease,the City shall be responsible for the work associated with draining and winterizing the plumbing system of the Premises each year(either using a third party plumber or using City staff based upon protocols established by plumbing professionals). 7.4 Baseball Field/Grass Maintenance. a. Tenant shall be responsible at its sole cost and expense for the year-round maintenance, upkeep,repair and care of the baseball field and the other grass areas of the Baseball Stadium, including the preparation and maintenance of the playing field before, during and after each game or Other Event sponsored by Tenant. Such upkeep and maintenance shall include fertilizing, mowing, aeration, irrigation and all other matters associated with the maintenance of the playing field and other grass areas. All such upkeep and maintenance shall be in accordance with the standards and specifications attached hereto as Exhibit E, or otherwise directed by City. Tenant shall also be responsible at its sole cost and expense for all fertilizer and other supplies required for the upkeep and maintenance of the playing field and other grass areas of the Baseball Stadium. -9- 50&56490.3 b. If Tenant fails to maintain the playing field and the other grass areas of the Baseball Stadium as herein required, City shall have the right to do so, at Tenant's expense, and Tenant agrees to reimburse City for the costs to do so. C. Tenant shall also have the exclusive right to use a portion of the maintenance facility just beyond the left field outfield fence of the Baseball Stadium for the storage of maintenance equipment and other uses associated with the maintenance of the baseball field and other grass areas of the Baseball Stadium. VIII. CONCESSIONS 8.1 Concessions. Except as otherwise set forth herein, Tenant shall have the exclusive right, during baseball games and Other Events held in the Baseball Stadium, subject to the provisions set forth below, to sell Concessions in the Premises and in the Parking Areas (as defined below). Such right may be exercised by Tenant directly or through a sublicensee. a. Concession Equipment. Tenant shall supply at its own expense and in its sole discretion all equipment, fixtures and supplies, and all staff and other persons required or necessary to provide Concessions to patrons of the Premises. b. Tenant to Use Adequate Electrical Equipment. If Tenant supplies any concessions electrical equipment that overloads the electrical lines in the Premises, Tenant shall at its own expense (but only with the prior consent of City)make whatever changes are necessary to meet the electrical requirements consistent with the requirements of the insurance underwriters and governmental authorities having jurisdiction. C. Liquor License. City shall not object to or interfere with the efforts of Tenant or its sublicensee to secure a permit to sell alcoholic beverages as one of the Concessions sold inside the Baseball Stadium. 8.2 Concession Services. Tenant or its sublicensee shall operate and supply Concessions and concession services during baseball games and Other Events sponsored by Tenant or third parties on such terms and conditions as Tenant deems appropriate. Tenant shall also provide concession services for Other Events not sponsored by Tenant (including Community Events) at levels and with staffing as reasonably necessary to provide appropriate concession service given the nature of the event and the expected attendance. If Concessions are not provided by Tenant at appropriate levels for Community Events or Other Events not sponsored by Tenant, then City may permit another entity to sell Concessions from portable concession stands brought into the Premises for such purposes. IX. PARKING 9.1 Generally. Adjacent to the Premises is an area for vehicle parking containing approximately 1000 parking spaces and depicted on the map attached hereto as Exhibit F (the "Parking Area") City hereby grants Tenant a non-exclusive license to use the Parking Area on the terms set forth below. -10- 50856490.3 a. Throughout the term of this Lease, (i) Tenant shall have the exclusive right to control, use and operate the Parking Area for baseball games and Other Events sponsored by Tenant or third parties at the Premises and (ii) City shall have the exclusive right to control, use and operate the Parking Area for Community Events and for soccer tournaments played at the adjacent playfields. Tenant shall be entitled to retain all parking revenue generated during periods when Tenant controls and operates the Parking Area, and City shall be entitled to retain all parking revenues generated during periods when City controls and operates the Parking Area. Tenant shall provide parking attendants to operate the Parking Area for baseball games and Other Events sponsored by Tenant and City shall provide parking attendants to operate the Parking Area for Community Events and for events at the adjacent playfields. Tenant shall be responsible at its sole cost to clean the Parking Area after baseball games and Other Events sponsored by Tenant. City shall be responsible, at its sole cost, to clean the Parking Area after Community Events and soccer tournament held at the adjacent playfields. b. If an evening Minor League Baseball game is scheduled on the same date as a soccer tournament: (i) Tenant and City shall work together to accommodate each others' needs for use of the Parking Area, including an agreement on when control of the Parking Area will change from City to Tenant; and (ii) Tenant shall honor the parking privileges of soccer tournament spectators that have paid City to use the Parking Area. During such times, Tenant and City shall cooperate in good faith to manage the Parking Area so that Tenant receives all parking revenue associated with the baseball game and City receives all parking revenues associated with the soccer tournament being conducted at the adjacent playfields, and with Tenant providing the parking attendants to operate the Parking Area immediately prior to and during title baseball game. X. ESTOPPEL Within fifteen (15) days of presentation, Tenant shall execute, acknowledge, and deliver to City, at no expense to City, any estoppel certificate requested by City, certifying in writing, if such shall be true, that Tenant shall be in occupancy, that this Lease is in full force and effect, specifying the dates to which the rent and other charges shall have been paid, and stating that there have been no defaults by City and such other representations as may be requested by a lender,mortgagee or beneficiary. XI. TENANT ALTERATIONS Tenant shall not make any material alterations, additions, or improvements in the Premises (including any alterations that affect structural portions of the Premises,or any electrical,plumbing or similar system) without first obtaining City's written consent (which may be withheld in its reasonable discretion). All such alterations, additions and improvements shall be at the cost and expense of Tenant, and shall become the property of City and shall remain in and be surrendered with the Premises as a part hereof at the termination of this Lease, without disturbance,molestation, or injury except for any improvements that City may elect to require Tenant to remove. Notwithstanding the foregoing, Tenant may remove concessions equipment and similar trade fixtures from the Premises if Tenant originally paid the cost to acquire and install such equipment and/or fixtures and if Tenant fully repairs all damage caused by the removal of such equipment and/or fixtures. If Tenant shall perform work with the consent of -11- 50854490.3 City, as aforesaid,Tenant agrees to comply with all laws, ordinances, rules and regulations of the appropriate city or county, and any other authorized public authority. Tenant further agrees to hold City harmless from damage, loss or cost arising out of the said work. XII. INSURANCE 12.1 Tenant Insurance. a. Tenant, at its sole expense, shall place and maintain in effect throughout the term of this Lease the following insurance (collectively,the"Insurance"): (i) Commercial general liability insurance with limits of not less than $2,000,000 each occurrence and $5,000,000 in the aggregate,written on Insurance Services Office(ISO) occurrence form CG 00 01, insuring against all liability arising out of and in connection with Tenant's use and occupancy of the Premises and with Tenant's exercise of its rights granted under this Lease, including premises and contractual liability and naming City and its employees, officers and agents as additional insureds using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage, and(ii) in the event Tenant or its sublicensee offers alcoholic beverages in or around the Premises, "Dram Shop"and/or "Innkeeper's Liability"insurance against claims or liabilities arising directly or indirectly to persons or property on account of the sale or dispensing of beer, wine or other alcoholic beverages, with a combined single limit coverage of$1,000,000 bodily injury and property damage liability, or in greater amounts if required by law, in form and substance reasonably acceptable to City, and naming City and its employees, officers and agents as additional insureds, and (iii) worker's compensation and employer's liability insurance covering employees at the Premises employed by Tenant(to the extent required, and in the amounts required by applicable laws). b. Certificates of such coverage and endorsements, in form satisfactory to City, shall be furnished to City and each shall provide that said coverage will not be changed or cancelled without forty-five (45) days written notice to City. The limits of coverage described above shall be increased from time to time as reasonably requested by City and to the extent consistent with prudent risk management practices and insurance standards for similar facilities. Tenant's insurance coverage shall be primary as respects City. Any insurance, self-insurance or insurance pool coverage maintained by City shall be excess of Tenant's insurance and shall not contribute with it. All insurance shall be placed with insurers with a current A. M. Best rating of not less than A:VII. C. In the event the Insurance required under this section is not maintained, or if an Event of Default occurs, City shall have the right (but not the obligation) to place and maintain the Insurance required to be placed and maintained by Tenant hereunder. Tenant agrees, on demand, to pay to City the amounts expended therefor with interest at the maximum rate permitted by law from the tune City incurs said costs of Insurance. d. In the event Tenant fails to place and maintain the Insurance required hereunder, City shall have the right (but not the obligation)to require the immediate cessation of the sale of alcoholic beverages at the Premises. -12- 50856490.3 12.2 City Insurance. City shall purchase and maintain during the term of this Lease all-risk property insurance covering the Premises and the Baseball Stadium, for their full replacement cost without coinsurance provisions. 12.3 Waiver of Subra g ion. Tenant 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 and Baseball Stadium. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. XIII. DAMAGE OR DESTRUCTION If the Premises or Baseball Stadium are damaged by fire or other casualty under circumstances where the cost to repair does not exceed $500,000 and the loss is covered by insurance maintained by City, the damage shall be repaired by City, and until such repairs are completed,rent shall be abated in proportion to the portion of the Premises which is unusable by Tenant in the conduct of its business(but there shall be no abatement of rent by reason of any portion of the Premises being unusable for a period equal to three (3) days or less). If the costs to repair such damage exceeds $500,000, or the loss is not covered by insurance maintained by City, City at its option may elect to repair the Premises, in which event rent shall be abated as provided above. City shall make such election whether or not to rebuild within thirty(30) days of such damage. Tf City does not elect to make such repairs, or if it reasonably appears that such repairs cannot be made within one hundred eighty(1$0) days of the date of such damage, then either party may, by written notice to the other within forty-five(45) days of the date of damage, terminate this Lease. XIV. NAMING RIGHTS During the term of this Lease, Tenant shall have the right to offer to sell and to sell the right to name the Baseball Stadium to third parties and to retain all revenues therefrom. City shall have the right to approve the name and the form of any naming rights agreement,which approval shall not be unreasonably withheld or delayed. In the absence of a naming rights agreement, the Baseball Stadium shall continue to be named"Pasco Stadium." Tenant may not name the Baseball Stadium after Tenant. The name of the Baseball Stadium may not connote or be affiliated with adult content, firearms or tobacco. Upon expiration of or earlier termination of this Lease, any naming rights agreement shall also terminate and no longer be in force or effect. XV. DEFAULTS; REMEDIES 15.1 Defaults: Remedies. a. Events of Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant(an"Event of Default'): -13- 50856490.3 (i) The failure by Tenant to make any payment of Rent by the tenth (1 O'h) day after such amount is due; (ii) The failure by Tenant to make any other payment required to be made by Tenant hereunder(other than a payment specified in subsection (i) above), including, without limitation, Additional Rent,utility payments, insurance premiums or other charges, within five (5) days after receiving written notice from City of such failure to pay; (iii) The failure by Tenant to observe or perform or the violation of any of the other covenants, conditions or provisions of this Lease to be observed or performed by Tenant,where such failure shall continue for a period of twenty(20) days after Tenant's receipt of written notice of default or violation from City;provided, however, that if the nature of Tenant's obligation is such that more than twenty(20) days are required for performance, then Tenant shall not be in default if Tenant commences performance within such 20-day period and thereafter diligently prosecutes the same to completion and in any event completes such performance within ninety(90) days of Tenant's receipt of such written notice; or (iv) The failure by Tenant to use the Premises for professional baseball purposes as a franchisee of the Northwest League. b. Upon an Event of Default, then,without prejudice to any other remedies which City might have, City may, at its election, declare this Lease forfeited and the Lease term ended, and re-enter the Premises, with or without process of law, and remove all persons or chattels therefrom. 15.2 Removal of Property. a. In the event of any re-entry or taking possession of the Premises for default,City shall have the right, but not the obligation, to remove from the Premises all personal property of Tenant located therein, and may store the same in any place selected by City, including but not limited to a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty(30) days or more. The proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for the storage, if any, and third to the payment of any other sums of money which may then be due from Tenant to City under any of the terms hereof, the balance if any without interest to be paid to Tenant. b. Tenant hereby waives all claims for damages that may be caused by City's re-entering and taking possession of the Premises or removing and storing the property of Tenant as provided in this Lease, and will hold City harmless from loss, costs or damages occasioned City thereby. No such reentry shall be considered or construed to be a forcible entry. 15.3 City May ReLet. In such case of re-entry, City may relet the Premises upon such terms as it sees fit, for a term which may expire either before or after the expiration date of this Lease, and to such persons or entities as it desires, including without limitation another professional baseball league. -14- 50856440.3 15.4 Tenant Still Liable for Rent. City shall not be liable for damages by reason of such re-entry. Notwithstanding any such re-entry by City, the liability of Tenant for the Rent provided for herein shall not be extinguished for the balance of the Lease Term. Tenant agrees to pay to City any deficiency arising from a re-entry and re-letting of the Premises at a lesser rent, and Tenant shall pay such deficiencies each month as the amount thereof is ascertained by City. 15.5 Tenant to Pgy Cost of ReLettina. Upon reletting Tenant shall be immediately liable to pay to City the cost and expense of reletting and of such repairs as may be incurred by City in readying the Premises for reletting. 15.6 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive, but shall, where ever possible, be cumulative with all other remedies at law or in equity. 15.7 Default by City. City shall not be in default unless City fails to perform obligations required of City within twenty(20) days after written notice by Tenant to City, provided,however, that if the nature of City's obligation is such that more than twenty(20) days are required for performance then City shall not be in default if City commences performance within such 20-day period and thereafter diligently prosecutes the same to completion. If City fails to cure any such default within the allotted time, Tenant may cure such default itself and offset the cost thereof against Rent payable hereunder. XVI. HAZARDOUS SUBSTANCES 16.1 Hazardous Substances. a. Tenant shall not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Premises, or any adjacent property, or in any improvements placed on the Premises,in violation of applicable law. Tenant represents and warrants to City that Tenant's intended use of the Premises does not involve the use,production, disposal or bringing on to the Premises of any hazardous waste or materials in violation of applicable law. As used herein, the term"hazardous waste or materials" includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term)by any federal, state or local statute, regulation,rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all statutes,regulations and ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup of hazardous waste or materials, in, on or under the Premises or any adjacent property, or incorporated in any improvements, at Tenant's expense. b. After notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, City may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance as it deems advisable to protect its interest in the Premises;provided,however that City shall not be obligated to give Tenant notice and the opportunity to effect such compliance if(i) such delay might result in material adverse harm to City or the Premises, (ii) Tenant has already had actual knowledge of the situation and a -15- 508564903 reasonable opportunity to effect such compliance, or(iii) an emergency exists. Whether or not Tenant has actual knowledge of the release of hazardous waste or materials on the Premises or any adjacent property as the result of Tenant's use of the Premises, Tenant shall reimburse City for the full amount of all costs and expenses incurred by City in connection with such compliance activities, and such obligation shall continue even after the termination of this Lease. Tenant shall notify City immediately of any release of any hazardous waste or materials on the Premises. C. Notwithstanding the foregoing,Tenant shall not be responsible for any cleanup, liabilities, claims, damages, costs and expenses of any kind or nature that arise or result from any contamination of the Premises or surrounding property by hazardous waste or materials, except for such contamination that is caused by Tenant or its employees or agents. If Tenant cannot operate the Baseball Stadium because of contamination of the Premises or surrounding property by hazardous waste or materials not caused by Tenant or its employees or agents,Tenant shall have the right to terminate this Lease without further liability hereunder. XVII. OTHER PROVISIONS 17.1 Surrender of Premises. At the expiration of the term of this Lease, or at the earlier termination of this lease, Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted. 17.2 Damage or Destruction. In the event the Premises are damaged to such an extent as to render the same untenable in whole or in substantial part. City shall repair or rebuild the Premises without unnecessary delay unless City determines that it is not practicable to repair or rebuild the Premises due to the extent of damage. Rent and other charges payable hereunder shall be abated while such work is in progress, in the same ratio that the portion of the Premises unfit for occupancy shall bear to the whole of the Premises. If after a reasonable time City shall fail to proceed to repair or rebuild, Tenant shall have the right to declare this Lease terminated by written notice served upon City. In the event the Premises shall be destroyed or damaged to such extent that in the opinion of City it shall not be practicable to repair or rebuild, either party shall have the option to terminate this Lease by written notice mailed to Tenant within twenty(20) days after such damage or destruction. 17.3 Liens and Solvency. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant and hold City harmless therefrom including all costs and attorney's fees. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Tenant, then City may cancel this Lease at City's option and Tenant shall nevertheless be liable for any further losses or damages sustained by City so caused by Tenant. 17.4 Assignment. Tenant shall have the right to assign this Lease or let or sublet the whole or part of the Premises with the written consent of City, which consent may not be unreasonably withheld. Notwithstanding the foregoing, City shall consent to any assignment or sublease of this Lease by Tenant: (a) to any entity controlled by Tenant that owns the Team; and (b)to any purchaser of the Team that (i)has been approved by the National Association of -16- 50856490.3 Professional Baseball, (ii) holds a franchise to operate such team by the Northwest League, and (iii)has retained a management team with prior experience managing a professional sports team to operate such team. Any purported assignment or sublet shall be of no effect if not consented to by City. Any assignment or sublet of this Lease shall not extinguish or diminish the liability of Tenant hereunder. 17.5 Non-Waiver. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements,but the same shall be and remain in full force and effect. 17.6 Costs and Attorney's Fees. All costs and expenses, including attorneys' fees at trial and on appeal in a reasonable amount, incurred by City or by Tenant in enforcing the obligations of Tenant or City under this Lease, shall be paid by the defaulting party to the prevailing party upon demand. The venue of any legal action brought under the terms of this Lease shall be in the county in which the Premises are situated. 17.7 Transfer by City. If City shall assign its interest under this Lease or transfer its interest in the Premises, such transferee shall be required to assume all obligations of City under this Lease, City shall be relieved of any obligation accruing hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be City hereunder. 17.8 Heirs and Successor. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. 17.9 Holdover. If Tenant shall, with the written consent of City, holdover after the expiration of this Lease, such tenancy shall be on a month-to-month tenancy, which tenancy may be terminated by either party upon twenty(20) days notice to the other party. During such tenancy Tenant agrees to pay to City the same rental as provided herein, unless a different rent is agreed upon, and to be bound by all of the applicable terms and conditions of this Lease. 17.10 Mutual Release and Waiver. To the extent a loss is covered by insurance in force, City and Tenant hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire or other insurance policies, including any causes of loss forms attached thereto; provided,that this agreement shall be inapplicable if it would have the effect of invalidating any insurance coverage of City or Tenant 17.11 Notices. All notices under this Lease shall be in writing and shall be deemed to have been duly given if personally delivered, sent by confirmed facsimile, overnight courier services or registered or certified mail,postage prepaid, and shall be deemed given upon delivery if personally delivered, upon the earlier of actual receipt or one day after it is sent, if sent by overnight courier or confirmed facsimile, or three days after it is sent by registered or certified mail. All notices or other communications shall be made as follows: If to City: City of Pasco 525 North 3ra Avenue -17- 50856490.3 Pasco, Washington 99301 Attention: City Manager Facsimile No.: (509) 545-3403 If to Tenant: Northwest Baseball Ventures I,LLC P.O. Box 5371 Spokane, WA 99205 Attention: George Brett Facsimile No.: (509) 328-7608 17.12 Compliance with Laws. All operations or activities upon, or any use or occupancy of the Baseball Stadium and Premises, or any portion thereof, by Tenant or any person claiming through Tenant shall be in all material respects in compliance with all state, federal and local laws,ordinances, rules, regulations,permits, standards, and requirements. 17.13 Indemnification. a. Tenant agrees to and shall indemnify, defend and hold City, City's successors and assigns, and the, officers, employees, agents and contractors of City, harmless from and against any and all claims (including without limitation third parry claims for death, personal injury or real or personal property damage), actions, administrative proceedings (including both formal and informal proceedings),judgments, damages,punitive damages, penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses, including reasonable attorneys' and paralegals' fees and expenses (including any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), consultant fees, and expert fees, together with all other costs and expenses of any kind or nature that arise directly or indirectly from or in connection with (i) Tenant's use, occupation and/or control of the Premises during events other than Community Events, and including without limitation any injury or claim of injury to person or property, of any nature and howsoever caused, (ii) from any breach of the terms of this Lease, or(iii) any violation of any governmental or insurance requirements by Tenant, its sublessees, assignees, invitees, agents, employees, contractors, or licensees,provided that such indemnity shall not extend to matters that may arise out of the gross negligence or willful acts of City or City's agents, employees or contractors. b. City agrees to and shall indemnify, defend and hold Tenant, Tenant's successors and assigns, and the directors, officers, shareholders, employees, agents and contractors of Tenant,harmless from and against any and all claims (including without limitation third party claims for death,personal injury or real or personal property damage), actions, administrative proceedings (including both formal and informal proceedings),judgments, damages,punitive damages,penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses, including reasonable attorneys' and paralegals' fees and expenses (including any such fees and expenses incurred in enforcing this Agreement or collecting any sums due hereunder), consultant fees, and expert fees, together with all other costs and expenses of any kind or nature that arise directly or indirectly from or in connection with (i) City's use, occupation and/or control of the Premises during a Community Event, and including without limitation any injury or claim of injury to person or property, of any nature and howsoever caused, (ii) from any breach of the terms of this Lease, or(iii) any acts arising from the gross 508564903 negligence or willful misconduct of City,provided that such indemnity shall not extend to matters that may arise out of the gross negligence or willful acts of Tenant or Tenant's agents, employees or contractors. 17.14 Time is of the Essence of this Lease. Time is of the essence in the performance of all obligations of Tenant and City under this Lease. 17.15 City Approvals. City shall, from time to time, designate one or more people who are authorized on behalf of City to give consents or approvals required of City hereunder. Such designation shall remain effective until such time as City notifies Tenant in writing of a new designee or designees. At the outset, City's designee shall be Gary Crutchfield, City Manager. 17.16 Force Majeure. Notwithstanding anything in this Lease to the contrary, each party's obligations to perform under this Lease shall be excused to the extent that such performance is prevented, delayed or rendered impracticable by events beyond that party's reasonable control,provided such party shall have exercised all reasonable efforts to avoid such events. Such events shall include, without limitation, inclement weather, acts of God, strikes, civil commotion, riot,war and any other cause whether similar or dissimilar to those enumerated that is reasonably beyond the control of the party obligated to perform. Force Majeure shall not include financial inability to perform(regardless of the cause) and shall not apply to defaults arising out of the loss by Tenant of its franchise to operate a professional baseball team with the Northwest League. 17.17 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. This Lease or any counterpart may be executed and delivered by facsimile transmission with an executed hard copy to follow. -19- 50856490.3 IN WITNESS WHEREOF, City and Tenant have executed this Lease the day and year first above written. CITY OF PASCO By: Its: NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability company By: Its: EXHIBITS AND SCHEDULE: Exhibit A — Legal Description of Property Exhibit B — List of Included Equipment Exhibit C — Concourse Exterior Wall Advertising Area Exhibit D — Intentionally Blank Exhibit E — Field Maintenance Standards (two pages) Exhibit F — Parking Area Schedule 1 — 2008 Soccer Tournament Dates Schedule 2 — MLB Tax -20- 50856490.3 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 said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of City of Pasco, a municipal corporation,to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. Dated this day of 12007. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires -21- 50856490,3 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 said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of Northwest Baseball Ventures I LLC, a Washington limited liability company to be its free and voluntary act for the uses and purposes mentioned in the instrument. Dated this day of 52007. (Signature of Notary) (Legibly Print or Stantp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires -22- 50856490.3 Exhibit A Legal Description Pasco Baseball Stadium (without Parking Lot) The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the northwest corner of Section 15, Township 9 North,Range 29 East W.M. Franklin County, Washington. EXHIBIT A 50856490.3 Exhibit B Baseball Equipment Batting Cage: Full cover batting cage with minimum dimensions of 18' wide, 14' deep and 9' high. It is recommended that the cage be portable and made of aluminum frame to provide maximum maintainability. Field Screens: Pitching Screen: 7' high x 8' wide with 4' x 4' notch in upper corner. Double Play Screen: 7' high x 14' wide with hinged wings. First Base Screen: 7' high x 8' wide. Shag Protector Screen: 7' high x 8' wide. EXHIBIT B 50656490.3 Exhibit Concourse 1 I J Area West Side East�. j...1.--, - -+ t 'T�.,ps. �S 3rp y ,•Jluv� f-,'Y.<`q f.'.y�.� � .. ��' ----•--'-� �L r-�-1 _. - ; _�. +" �,girl�.•�-]=,l __.. . 1 EXHIBIT C y,:l' .�;'w..,.,.�.�.:'-a,':..'+,w;.,.,r.nr�. vW.:- f' _�".?Fr.4't'v'a4'_ '�.^•ti., - 1. _ s � � .Y:r �•,...-..1.�-.rIL•,.,wHv.-•.,•�.c.;�rr�ri•.Ia•.��1r.:r�. •'rw.r_'J•Jt{:,1-^ ��,. Y• %T .yrp•�-:rt.`..-• _ `.i. .tea.R.., s•.l-, `f-.`w-�•... - +W]••.� +_I'1*.�' . •� .. - aY�-.^r'—. '�����'T �1� �'���11 ./i1J la �- - - ._�,., „� �. ._ ._ __�_�. .-- ..._ J K--fir - _'.f.^f>`' �1� 111•• •�.�r r��.� 1. _ mot. Exhibit D Intentionally Blank EXHIBIT D 50858490.3 Exhibit E Tri-Cities Baseball Stadium Maintenance Standards PROGRAM FREQUENCY DETAIL Fertilizing April—October Application of complete NPK fertilizer with trace minerals at 7 lbs. per 1,000 sq. ft. monthly in April,June, July and August. Equivalent to ESN 18-3-15. In October equivalent to 20-5-15 at 71bs. per 1,000 sq. ft. Apply quick release fertilizer at rate of 7 lbs. per 1,000 sq. ft. in front of pitchers mound or any other worn areas. Aeification May—October Monthly in May,June, July and October. Flag all irrigation heads prior to aerification. Do not aerify clay areas. Mowing March---October March—April mow at 2"height. Two weeks prior to team practice mow at 1- 1/2"and maintain until October. Mow playing field minimum of every other day and all other areas twice per week. Edging May—September Edge all base paths and infield perimeter twice per month. Irrigation March—October Irrigate as needed but no less than 4 times per week for 1 hr. Immediately repair system as needed. Chemical March—November Identify turf problems and correct Applications immediately. Apply fungicide 1't week of November. Apply penetrating agent or other chemicals as needed. EXHIBIT E 50956490.3 Game Day May— September 1. Drag and water infield as needed. Field Preparation 2. Wash loose dirt back into grass at dirt infield grass transition areas. 3. Cover area in front of pitchers mound during practice and pre game warm up. 4. Drag and clean all red rock warning track areas. 5. Line infield as per baseball standards. 6. Paint outfield out-of-play lines weekly or as needed. Miscellaneous Year Round 1. Apply a minimum of 2 tons soil conditioner to the top 1"of all infield clay areas. 2. Repair safety net and wall pads as needed. 3. Overseed all areas at the rate of 25 lbs. per acre. Seed mixture to be approved by City based on turf analysis. 4. Spray fence lines with herbicide twice a year or as needed. EXHIBIT E 50856440.3 Exhibit F Parking Area Milk Q OT ONLY • PARKING LOT i T O&Y Q EXHIBIT F 508584903 SCHEDULEI 2008 SOCCER TOURNAMENT DATES SCHEDULEI 50656490.3 SCHEDULE 2 MLB TAX SCHEDULE SCHEDULE 2 50856490.3 AGENDA REPORT 1 FOR: City Council December 6, 2007 TO: Gary Crutch i anager FROM: Stan Strebel, rative and Community Workshop Mtg.: 12/10/07 Services D* Regular Mtg: 12/17/07 SUBJECT: Chiawana Park Lease I. REFERENCE(S): 1. Transmittal letter from Real Estate Division, Corps of Engineers 2. Proposed lease (Revised from 11/26, w/o attachments, Council packets only; copy available in the Administrative and Community Services office, the Pasco Library or on the city's website at www.pasco-wa.gov for public review.) 3. Exhibit C -Letter on City Proposed Improvements 4. Letter on house rental II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 12/10: Discussion 12/17 MOTION: I move to approve the Public Park and Recreation Purposes Lease for Chiawana Park and Columbia River Shoreline with the Department of the Army and further,to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Following the Council meeting of November 19, at which the lease for Chiawana Park was discussed, staff has attempted to further address the issues remaining on the proposed document. While all issues have not been resolved in the way which was originally preferred by staff, we believe that the process of negotiation has produced a document that is acceptable and the best for the City that can be obtained. B) The following summarizes the issues that were addressed at the previous meeting and the current recommendation: 17. RESTORATION (last sentence) " . . . The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. Staff again requested the insertion of"reasonable" in this section as a protection to the City. In the alternative, and following COE's second reiteration that this language was "standard", staff requested a letter from COE, discussing its approach to restoration in recent local lease terminations. This was also rejected COE staff indicating that such a letter could be construed as a commitment which it was not authorized to make. While the language is not 3(n) optimal, staff suggests that the language be accepted in light of the difficulty and expense that could be incurred to further try to change it. 31. TRANSIENT USE This issue has been resolved. The COE has verbally indicated acceptance of the attached letter (Reference 4). 37. SITE SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE This issue has been resolved with the COE changing the language ("environmental"added)per the City's request. 38. SITE SPECIFIC CONDITION ON TRESSPASS AND ENCROACHMENT The City proposed and COE has indicated acceptance of new language as follows (not yet included in draft document) In accordance with the Condition on PROTECTION OF PROPERTY, the Lessee will use its best efforts to prevent and resolve trespasses and encroachments which occur on the premises on or after the date this lease is signed by the District Engineer. The Lessee shall report all encroachments to the District Engineer. If, after exercising available administrative remedies, the Lessee is unable to resolve the trespass or encroachment, the Lessee shall contact the District Engineer and provide complete information on its efforts to resolve the trespass or encroachment. Thereafter, the District Engineer shall have the primary responsibility to resolve the matter. C) The proposed lease is for a 25 year period and most standard provisions are identical to those included in the City's existing lease for the Boat Basin and portions of the Heritage Trail. D) Staff recommends approval of the revised lease. DEPARTMENT OF THE ARMY ` WALLA WALLA DISTRICT,CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA WA 99362-1876 _ REPLY TO ATTENTION OF October 25, 2007 Real Estate Division Mr. Stan Strebel Administrative and Community Services Director City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Strebel: Enclosed for review and acceptance by the City of Pasco is one copy of the proposed Department of the Army Public Park and Recreation Lease for Chiawana Park and the Columbia River Shoreline. The term of the proposed lease is 25 years, beginning on December 1, 2007, and ending on November 30, 2032. Please review the lease and its exhibits carefully. If you have any concerns, please bring them to our attention as soon as possible. If you find it acceptable, please do not have the document signed but return it to us in its entirety with a letter acknowledging acceptance. We will work with you to schedule a signing ceremony at which Mayor Olson and Lieutenant Colonel Anthony Hofmann will execute the documents. If you have any questions, please call me at 509-527-7324. You can also contact me by e-mail at Paul.S.Shampine @usace.army.mil, Sincerely, Paul Shampine Realty Specialist Enclosure NO. W912EF-1-08-?? DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES Chiawana Park & Columbia River Shoreline McNary Lock and Dam Project Franklin County, Washington Tracts XX-3561, XX-3500, XX-3559, XX-3558, XX-3557, XX-3554, XX-3552, XX-3551, XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543, XX-3542, XX-3541, XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532, XX-3531, XX-3529 THIS LEASE is made on behalf of the United States and the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and THE CITY OF PASCO, WASHINGTON, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in tan in Exhibits Al, A2 & B, attached hereto and made a part hereof, hereinafter referred to as the prerises, for public park and recreational purposes. The premises are further defined as follows: In portions of the premises where levees are located, the premises shall be From the shoreline of the Columbia River landward to the Non-State Park Lease 1 July 1997 landward toe of the levee. In portions where no levees exist, the premises shall be the entire tract to the landward public property boundary except in Tracts XX-3559, XX-3500 and XX-3561 where the approximate limits of the premises are shown in tan. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of 25 years, beginning December 1, 2007 and ending November 30, 2032. 2. CONSIDERATION The consideration for this lease is the operation and maintenance of -the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed; if to the Lessee to the City Manager, City of Pasco; 525 N. 3rd Avenue; PO Box 293; Pasco, WA 99301; and if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, Walla Walla District; 201 N. Third Avenue, Walla Walla, WA 99362-1876 or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. 5. DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance (Annual Management Plan or "AMP") in furtherance of the Lessee's implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit C which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees. No later than January 1 of each year the Lessee will submit the AMP to be mutually agreed on between the Lessee and the District Engineer. Such AMP shall include but is not limited to the following- Non-State Park Lease 2 1 July 1997 a. Plans for management, maintenance and development activities to be undertaken by the Lessee and any sublessees. b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c. Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year. f. Personnel to be used in the management of the leased premises. g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. During the term of the lease, the District Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments_ 6. STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized_ Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. Non-State Park Lease 3 1 July 1997 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. The Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the Condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. 8. CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b. As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and the Lessee to reflect the condition of said property and said improvements. A copy of said report is attached hereto as Exhibit D and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. 9. FACILITIES AND SERVICES "fhe Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or Non-State Park Lease 4 1 July 1997 circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub- lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. 11. FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub-lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub-lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. 13. PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise Non-State Park Lease 5 1 July 1997 due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 14. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 15. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by 'the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices, or a minimum combined Single Limit of $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Engineer every three years or upon renewal or modification of this lease. Non-State Park Lease 6 1 July 1997 b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self- insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. 'rhe District Engineer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 17. RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefore, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. 18. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and all requirements imposed by or pursuant to the Non-State Park Lease 7 1 July 1997 Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 500-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sub-lessees and assigns. 19. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 20. SUBJECT TO MINERAL INTERESTS -this lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. 21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub-lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non- compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES. Non-State Park Lease 8 1 July 1997 22. HEALTH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non-compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the District Engineer will have the option to revoke the lease. The Lessee and its assignees or sublessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23. PUBLIC USE No attempt shall be made by the Lessee, or any of its sub-lessees or concessionaires, to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. 24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited are the use of garnbling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. District Engineers may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. c. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in Non-State Park Lease 9 1 July 1997 connection with other approved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United States and the proceeds therefrom shall not be available to -the Lessee under the provisions of this lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. § 601- 613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government against the Lessee shall be subject to written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; (iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. Non-State Park Lease 10 1 July 1997 (3) (i) If the Lessee is an individual, the certificate shall be executed by that individual. (ii) If the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the lessee's affairs. d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee- certified claims over $100,000, the said officer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The said officer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION.! h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal or action arising Lender the lease, and comply with any decision of the said officer. Non-State Park Lease 11 1 July 1997 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the leased area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, include sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises. 28. ENVIRONMENTAL BASELINE STUDY An Environmental Baseline Study (EBS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a park hereof as Exhibit E. Upon expiration, revocation or termination of this lease, another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION. 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the District Engineer and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed. Non-State Park Lease 12 1 July 1997 30. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the District Engineer. 31. 'TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized by the District Engineer. 32. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 33. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company_ 34. SITE-SPECIFIC CONDITION ON GROUND DISTURBANCE Except as authorized herein, the Lessee shall not engage in any construction, alteration, demolition, or ground disturbing activities on the premises, unless such activities have been reviewed and approved by the District Engineer in accordance with Non-State Park Lease 13 1 July 1997 the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et seq.). The Lessee shall be responsible for all costs, and any actions directed or required by the District Engineer, which are associated with the National Historic Preservation Act review process, or other applicable law. 35. SITE-SPECIFIC CONDITION ON CULTURAL RESOURCE STIPULATIONS Cultural Resources Stipulations (the Stipulations) are attached to this Lease as Exhibit F and incorporated herein by reference. The Lessee's cultural resources roles and responsibilities under this Lease shall be governed by the Stipulations and applicable laws or regulations. The Stipulations may be amended by the District Engineer, after consultation with the Lessee, if necessary to comply with applicable laws or regulations_ 36. SITE-SPECIFIC CONDITION ON PESTICIDES a. -fhe use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on outgranted lands or waters shall be in accordance with all applicable Federal, state, and local laws, rules and regulations. The Lessee must obtain approval from the District Engineer before any pesticides are applied to the premises. The Lessee shall report actual usage of pesticides in the previous year and anticipated usage of pesticides in the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The reports will be forwarded not later than January 10 of each year to the address identified below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be considered approved unless the Lessee is notified otherwise. The form may be reproduced as needed. b. The Lessee shall be responsible for the control of all noxious weeds within the outgranted area in accordance with all applicable Federal, state, county and local laws, rules and regulations. Within seven (7) days after each application or treatment with any approved pesticide, the Lessee shall complete a pesticide application record (NPW Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be reproduced when needed. The form shall be mailed or delivered to: Natural Resources Manager Ice Harbor Lock and Dam Project 2763 Monument Drive Burbank, Washington 99323 i 37. SITE-SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE a. The District Engineer agrees to provide funding up to a maximum of $30,000 toward environmental compliance costs associated with the proposed renovation project for playground equipment replacement. The funding is subject to availability of funds Non-State Park Lease 14 1 July 1997 and is subject to the work being accomplished within 5 years from the date of lease execution by the government. b. The District Engineer agrees to provide funding up to a maximum of $30,000 toward environmental compliance costs associated with the proposed renovation or replacement of the existing east end park restroom facilities. The funding is subject to availability of funds and is subject to the work being accomplished within 5 years from the date of lease execution by the government. c. If the Lessee chooses to submit the renovation projects as a combined project for the playground equipment replacement and the replacement of east end park restroom facilities rather than as outlined in 37.a. and 37.b. above, the District Engineer agrees to provide funding up to a maximum of $60,000 toward environmental compliance costs associated with the combined projects. The funding is subject to availability of funds and is subject to the environmental work being accomplished within 5 years from the date of lease execution by the government. d. The Lessee will notify the District Engineer in writing when beginning preparation of plans and specifications for the playground and restroom projects. Upon receipt of notice from the Lessee, the District Engineer will begin to schedule the compliance work required for the project, subject to the availability of funds. The Lessee will provide a scope for each project in sufficient detail to enable the Corps to begin the compliance work. Lessee understands that any changes in scope may result in delay and increased cost to complete the compliance work. Lessee shall be responsible for all compliance work required by state and local laws or regulations, in accordance with Condition 7a of this lease. 38. SITE-SPECIFIC CONDITION ON TRESPASS AND ENCROACHMENT In accordance with the Condition on PROTECTION OF PROPERTY, -the Lessee will use its best efforts to prevent and resolve trespasses and encroachments, which occur on the premises on or after the date this lease is signed by the District Engineer. If, after exercising available remedies, the Lessee is unable to resolve the trespass or encroachment, the Lessee may request assistance from the District Engineer. The i Lessee shall report all encroachments to the District Engineer. 39. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease. Non-State Park Lease 15 1 July 1997 40. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344). IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of , ANTHONY J. HOFMANN Lieutenant Colonel, Corps of Engineers District Commander Walla Walla District THIS LEASE is also executed by the Lessee this day of JOYCE OLSON Mayor City of Pasco, Washington Non-State Park Lease 16 1 July 1997 CERTIFICATE OF AUTHORITY I, , certify that I am the of the CITY OF PASCO, WASHINGTON, that who signed the foregoing instrument on behalf of the lessee was then of I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. Date Clerk or Appropriate Official ACKNOWLEDGMENT STATE OF WASHINGTON ) ss COUNTY OF WALLA WALLA) On this day of , before me the undersigned Notary Public, personally appeared ANTHONY J. HOFMANN, District Commander, U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: Non-State Park Lease 17 1 July 1997 THIS INSTRUMENT PREPARED BY: Paul Shampine, Realty Specialist U.S. Army Corps of Engineers Walla Walla District, Real Estate Division 201 N. Third Avenue 509-527-7324 REVIEWED FOR LEGAL SUFFICIENCY BY: Robert Eskildsen, Attorney U.S. Army Corps of Engineers Walla Walla District, Office of Counsel 201 N. Third Avenue 509-527-7322 Non-State Park Lease 18 1 July 1997 ' r ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 DIVISIONS November 20, 2007 SERr c s Trve (509).544-3096 FAX 543-5727 CITY CLERK Paul Shampine FAX54357272 Realty Specialist Walla Walla Dist. Corps of Engineers FACILITIES ERVI TIES rP g SERYICF,S 201 North Third Ave. (509)543.5757 Walla Walla WA 98362-1876 FAX543-5758 FINANCE Dear Mr. Shampine: (509)545 3401 FAX 544-308 2 In response to your request for the City's plans regarding Chiawana Park,.I submit the following. INFORMATION Assuming the City and COE enter into a lease agreement for the park,the City would plan to SERVICES 545-3419 complete the proposed projects, subject to funding,within the approximate timetables as follows: FAX 43-5758 2008-2009 RECREATION SERVICES Pruning. There are a number of trees in the park that are in need of substantial pruning to remove (509)545.3456 dead and dying material. The City will attempt to do this work in the next 2 years. FAX545-3455 Convert Hand Line Irrigation. There is a section of the eastern portion of the park along the trail near the river that is irrigated with moveable pipe. The City proposes to bring in fill material sufficient to cover lines for a fixed underground system for this area. Installation of Milepost Markers. As part of its efforts to complete elements of the Sacagawea Heritage Trail in the Tri-Cities,the City proposes to complete installation of milepost markers along the trail portion along the levee from Road 54 to the West end of Chiawana Park. 2010-2012 Playground. The City proposes to replace the old playground equipment at the east end of the park. Restroom. The east end restroom structure is not functional and needs to be replaced and, ideally, connected to the sewer. The City proposes to undertake this work. Parking Lots,Roadways. Most of these facilities are in need of resurfacing. Thank you for this opportunity to provide this information. Sincerely, Stan Strebel Administrative and Community Services Director ' ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT P.O.BOX 293,525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 November 20, 2007 DIVISIONS ADMINISTRATIVE,' SERVICES (509)544.3096 Paul Shampine FAX343-5727 Realty Specialist CITY CLERK (509)545-3402 Walla Walla Dist. Corps of Engineers FAX543-5727 201 North Third Ave. FACILITIES Walla Walla WA 98362-1876 SERVICES (509)543-5757 FAY 543-57.58 Re: Caretaker House at Chiawana Park FINANCE. SERVICES Dear Mr- Shampine: (509)545-3401 FAX544-3082 As we have previously discussed in the event that the City nd the Corps of Engineers enter INFORMATION 1� Y � y 1P ti SERVICES into a lease agreement for Chiawana Park,the City would like the option to rent the caretaker (50545-3419 home in the park. The City understands that federal regulations require some nexus between FAX 343-5758 the use of the home and the care and maintenance of the ark property. The Cit refers not SERVICES E nN P Y p to make residency in the park a part of the employment terms for its regular maintenance (509)345-3456 personnel, however, it is interested in renting the house as part of a package for a contract FAX 545-3455 employee who would perform limited on site park security functions throughout the year. Of course, any excess revenues from the rental of the house will be used to offset a portion of park maintenance expenditures. Please see the attached employment ad which generally outlines what the City proposes in this regard. The City would like the option to pursue this concept. Please have the appropriate representative of the Walla Walla District office sign below, indicating the COE approval of this concept. Thank you. Sincerely, Stan Strebel Administrative and Community Services Director Approved: By: Date: Security Caretaker Chiawana Park The City of Pasco is seeking a year-round, part time resident security caretaker for Chiawana Park. This is a contract position which requires opening and closing park gates each day during the summer park season(May to September)and monitoring park activity throughout the year. Residence at the park caretaker home (1,820 sq. ft., one level, 4 BR, 2.5 B, office, carport) is required. No children. Must be at least 55 years of age. No prior experience necessary. References are required. Compensation from $XXX to $XXX/mo. depending on workload. Home rental: $XXXX/mo. plus utilities. For further information contact: City of Pasco, Department of Administrative and Community Services, (509) 543-5757. To submit a letter of interest contact the Department at: PO Box 293, Pasco WA 99301, by