HomeMy WebLinkAbout2008.01.07 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. January 7,2008
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
(b) Election of Mayor and Mayor Pro-Tem.
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed frorn the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated December 17, 2007.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$419,874.69 ($41,300.39 in the form of Wire
Transfer Nos. 4878 and 4885 and $378,574.30 consisting of Claim Warrants numbered
163665 through 163824). (2007 Expenses)
2. To approve General Claims in the amount of $1,123,801.71 ($1,123,801.71 consisting of
Claim Warrants numbered 163825 through 163867). (2008 Expenses)
3. To approve Payroll Claims in the amount of $1,908,804.07, Voucher Nos. 37354 through
37448; and EFT Deposit Nos. 30020392 through 30020861.
*(c) Resolution No. 3057, a Resolution accepting work performed by A&B Asphalt under contract
for the 2007 handicap Ramps, Project No. 07-3-06.
1. Agenda Report from Michael McShane, City Engineer dated January 3,2008.
2. Resolution.
To approve Resolution No. 3057, accepting the work performed by A&B Asphalt under contract
for the 2007 Handicap Ramps, Project No, 07-3-06.
*(d) Resolution No. 3058, a Resolution accepting work by Rhoads Asphalt Paving and Construction
under contract for the Sun Willows Golf Course Cart Path Improvement Project.
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
December 26, 2007.
2, Resolution.
To approve Resolution No. 3058, accepting the work performed by Rhoads Asphalt Paving and
Construction under contract for the Sun Willows Golf Course Cart Path Improvement Project.
*(e) Resolution No. 3059, a Resolution accepting work performed by Inland Asphalt under contract
for the 2007 Annual Overlay/Street Reconstruction Project No. 07-3-02.
1. Agenda Report from Michael McShane, City Engineer dated January 3, 2008.
2. Resolution.
To approve Resolution No. 3059, accepting the work performed by Inland Asphalt under contract
for the 2007 Annual Overlay Project No. 07-3-02.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENT'S:
(a)
(b)
(c)
5. VISITORS- OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
Regular Meeting 2 January 7,2008
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Resolution No. , a Resolution establishing Water Use Efficiency Goals.
1. Agenda Report from Doyle L. Heath, Utility Engineer dated December 26,2007.
2. Resolution.
MOTION: 1 move to approve Resolution No. establishing Water Use Efficiency
Goals.
9. UNFINISHED BUSINESS:
(a) Baseball Stadium Lease:
1. Agenda Report from Gary Crutchfield, City Manager dated December 13, 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).
MOTION: I move to approve the 10-year lease agreement with Northwest Baseball Ventures for
the Baseball Stadium and, further, authorize the Mayor to sign the agreement.
10, NEW BUSINESS:
*(a) Coating of Road 68 Water Tank Standpipe Project No. 08-5-01:
1. Agenda Report from Jess Greenough, Field Divisions Manager dated January 3, 2008,
2. Bid Summary.
3. Vicinity Map.
(HC) MOTION: I move to award the low bid for the coating of Road 68 Water Tank Standpipe
Project No. 08-5-01 to Dunkin & Bush, Inc., in the amount of$229,300.00 plus applicable sales
tax and, further, authorize the Mayor to sign the contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* item not previously discussed
MF# "Master File#...."
Q Quasi-Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, January 7, KGII — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN)
2. 10:00 a.m., "Tuesday, January 8, Senior Center Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMAN, Alt.)
3. 10:30 a.m., Thursday, January 10, Pasco City Ilall Council Chambers — Chiawana Park Lease Signing
Ceremony with the Corps of Engineers. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS
INVITED`I'O ATTEND)
4. 7:00 p.m., Thursday, January 10, Transit Facility — Ben-Franklin Transit Board Meeting.
(COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt)
5. 8:00 a.m., Saturday, January 12, Doubletree Spokane City Center — AWC Newly Elected Officials
Workshop. (COUNCILMEMBER AL YENNEY)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 17, 2007
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca 1~rancik, Michael Garrison, Robert Hoffmann, Tom
Larsen, Joyce Olson., and Matt Watkins. Joe Jackson was absent.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Bob Alberts, Public Works
Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis
Austin, Police Chief; Greg Garcia, Fire Chief; Doyle Heath, Utility Engineer; Jim Chase,
Financial Services Manager and Debbie Clark, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated December 3, 2007.
(b) Bills and Communications:
To approve General Claims in the amount of$1,722,730.01 ($80,819.48 in the form of
Wire Transfer Nos. 4856 and 4873 and $1,641,910.53 consisting of Claim Warrants
numbered 163450 through 163664).
To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
and Municipal Court non-criminal, criminal and parking accounts receivable in the total
amount of$1 82,481.57 and, of that amount, authorize $140,450.73 be turned over for
collection.
(c) Deed for Street Right-of-Way (251.7 W. Sylvester Street) (MIT #INF007-076):
To accept the deed from Lynn M. Jones for a portion of the West Sylvester Street Right-
of-Way.
(d) Snow Removal Assistance Agreements:
To authorize the City Manager to enter into an agreement with Ray Poland& Sons for
snow removal assistance. Removed from Consent Agenda and moved to Item 10(g).
(e) Professional Services Agreement with HDR Engineering, Inc.:
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.
(f) Professional Services Agreement for indigent Defense Services:
To approve the Professional Services Agreement for Indigent Defense with Heidi Ellerd
and, further, to authorize the Mayor to sign the agreement. Removed from Consent
Agenda and moved to Item 10(f).
(g) Accept Permanent Utility Easement—Gary D. & Nancy K. Wiley:
To accept the Permanent Utility Easement from Gary D. &Nancy K. Wiley for the land
to install a sewer main in Road 90, north of Sandifur Parkway.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 17, 2007
(h) Accept Permanent Utility Easement—Fred Jr. & Dee Ann Carlson and Phil
M. & Dannette L. Warren:
To accept the Permanent Utility Easement from Fred Jr. & Dee Ann Carlson and Phil M.
& Dannette L. Warren for the land to install a sewer main in Road 90, north of Sandifur
Parkway.
(i) Resolution No. 3053, 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.
To approve Resolution No. 3053, forming an ad-hoc Advisory Committee to update the
Gateways and Corridors Beautification Plan. Removed from Consent Agenda and
moved to Item 10(h).
0) Resolution No. 3054, a Resolution amending Resolution No. 2941 regarding
abandoned grocery shopping carts.
To approve Resolution No. 3054, providing staff with direction for addressing abandoned
grocery shopping carts.
(k) Resolution No. 3055, 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.
To approve Resolution No. 3055, accepting certain deeds for street right-of-way along
the north side of Columbia Place and Heritage Village.
MOTION: Mr. Watkins moved to approve the Consent Agenda as amended. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMEN'T'S:
Mayor Olson and Mr. Crutchfield thanked outgoing Councilmember Jackson for more
than 20 years of service to the City.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mayor Olson attended the legislative breakfast hosted by Tri Ports.
Mr. Garrison attended the TRIDEC Board meeting.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Water Use Efficiency Goals:
Mr. Heath explained the details of the goals.
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WATER USE
EFFICIENCY GOALS.
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE
BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
A resolution accepting the goals will be presented to Council at a later date.
2007 Budget Supplement:
Mr. Chase explained the details of the 2007 Operating and Capital Projects
Budget Supplement.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 17, 2007
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2007
OPERATING AND CAPITAL PROJECTS BUDGET SUPPLEMENT.
FOLLOWING TIIREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE
BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3851, 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.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3851, amending the 2007
Operating Budget by providing a supplement thereto in the amount of$1,849,500 and,
further, to authorize publication by summary only. Mr. Garrison seconded. Motion
carried by following Roll Call vote: Yes - Francik, Olson, Garrison, Hoffmann, Watkins,
No - Larsen.
Ordinance No. 3852, an Ordinance relating to Supplemental Capital Improvement
Projects Budget for the Year 2007.
MOTION: Mr. Watkins moved to adopt Ordinance No.3852, amending the 2007 Capital
Improvements Budget by providing a supplement thereto in the amount of$2,550,000
and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion
carried by following Roll Call vote: Yes - Francik, Olson, Garrison, Hoffmann, Watkins,
No - Larsen.
Resolution No. 3056, 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.
MOTION: Mr. Watkins moved to approve Resolution No.3056, authorizing temporary
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 amount of
$1,485,000. Mr. Garrison seconded. Motion carried by following Roll Call vote: Yes -
Francik, Olson, Garrison, Hoffmann, Watkins, No - Larsen.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
2008 Annual Operating and Capital Projects Budgets:
Ordinance No. 3845, an Ordinance adopting the City of Pasco Operating Budget for
the year 2008.
MOTION: Mr. Garrison moved to adopt Ordinance No. 3845, adopting the 2008 Annual
Operating Budget and, further, to authorize publication by summary only. Mr. Watkins
seconded. Motion carried 5-1. No--Larsen.
Ordinance No. 3846, an Ordinance adopting the City of Pasco Capital Projects
Budget for the Year 2008.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3846, adopting the 2008 Capital
Projects Budget and, further, to authorize publication by summary only. Mr. Garrison
seconded. Motion carried 5-1. No—Larsen.
Ordinance No. 3853, an Ordinance amending Section 10.64.040 Truck Routes of the
Pasco Municipal Code.
MOTION: Mr. Watkins moved to adopt Ordinance No.3853, amending designated truck
routes in the City and, further, authorize publication by summary only. Mr. Garrison
seconded. Motion carried unanimously.
3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 17, 2007
NEW BUSINESS:
Baseball Stadium Lease:
Council and staff discussed the details of the proposed. lease.
Mr. Brent Miles and Mr. Andrew Billig, representing Northwest Baseball
Ventures, explained the value of title sponsorship agreements.
MOTION: Mr. Garrison moved to approve the 10-year lease agreement with Northwest
Baseball Ventures for the Baseball Stadium and, further, authorize the Mayor to sign the
agreement. Mr. Francik seconded.
MOTION: Mr. Watkins moved to table this item until a later date to research the value
of stadium naming rights. Mr. Larsen seconded. Motion carried.
Chiawana Park Lease:
MOTION: Mr. Watkins moved 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. Mr. Francik seconded.
Motion carried unanimously.
2007 Sewer Lining Project No. 07-1-04:
MOTION: Mr. Watkins moved to award the low bid for the 2007 Sewer Lining Project
No. 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. Mr. Francik seconded. Motion carried by unanimous Roll Call vote.
SR395/Court Street Pedestrian Walkway Facilities, Project No. 00-3-09:
MOTION: Mr. Francik moved to award the low bid for the SR395/Court Street
Pedestrian Walkway Facilities, Project No. 00-3-09 to George A. Grant, Ire., in the
amount of$745,200 and, further, authorize the Mayor to sign the contract documents.
Mr. Garrison seconded. Motion carried by unanimous Roll Call vote.
Road 36 Pump Station Landscaping, Project No. 07-2-09:
MOTION: Mr. Watkins moved to award the low bid for the Road 36 Pump Station
Landscaping, Project No. 07-2-09 to Gamache Landscaping, Inc., in the amount of
$47,449.16 plus applicable sales tax and, further, authorize the Mayor to sign the contract
documents. Motion carried by unanimous Roll Call vote. Mr. Garrison seconded. Motion
carried by unanimous Roll Call vote.
Professional Services Agreement for Indigent Defense Services:
Mayor Olson recused herself from this issue because she serves on another board
with Heidi Ellerd. She turned the meeting over to Mr. Watkins and left the
council chambers.
MOTION: Ms. Francik moved to approve the Professional Services Agreement for
Indigent Defense with Heidi Ellerd and, further, to authorize the Mayor to sign the
agreement. Mr. Garrison seconded. Motion carried unanimously. Mayor Olson abstained.
Mr. Watkins turned the meeting back over to .Mayor Olson.
Snow Removal Assistance Agreements:
MOTION: Mr. Watkins moved to authorize the City Manager to enter into an agreement
with Ray Poland & Sons for snow removal assistance. Ms. Francik seconded. Motion
carried unanimously.
4
MINUTES
REGULAR MEETING PASCO CITY COUNCIL DECEMBER 17, 2007
Resolution No. 3053, 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.
MOTION: Mr. Watkins moved to approve Rcsolution No. 3053, forming an ad-hoc
Advisory Cormmittee to update the Gateways and Corridors Beautification Plan. Ms.
Francik seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Oath of Office:
Ms. Debbie Clark, City Clerk, administered the Oath of Office to Councilmembers:
Rebecca Francik(District 5); Matt Watkins (At-Large, Position 6); Councilmember
Elect, Al Yenney (District 1).
Mayor Olson recognized students in the audience from Richland High School.
Mayor Olson invited all to the first Night Tri-Cities Celebration on December 31, at
Columbia Basin College,
Mayor Olson called a recess at 8:27 p.m.
Mayor Olson reconvened the meeting at 8:34 p.m.
Mr. Crutchfield recapped the progress on fulfilling Council's goals for the years 2006-
2007.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8.50 p.m. for approximately 30 minutes to
consider acquisition of real estate, discuss the value of naming rights to the Baseball
Stadium and review the City Manager's performance.
Mayor Olson returned to the Council Chambers and announced the executive session
will last an additional 10 minutes.
Mayor Olson called the meeting back to order at 9:35 p.m.
Mayor Olson stated that no action will be taken at this time on the Baseball Stadium
naming rights issue.
MOTION: Mr. Watkins moved to grant a merit award of$11,000 to the City Manager
for cost savings to the taxpayers of$900,000. Mr. Garrison seconded. Motion carried by
the following Roll Call vote. Yes—Hoffmann, Watkins, Garrison, Francik, Olson.No--
Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:40 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 7th day of January, 2008.
5
CITY OF PASCO
Council Meeting of:
January 7,2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the unde i ned,doh y c rtify under penalty of perjury that the materials have been furnished,the
services re e or the bor pert rmed as described herein and that the claim is a just,due and unpaid
obligation a inst the ci and th9iwe are authorized to authenticate and cqe0140o said cl .
Gary Cru hfiel City nager r' James W.C e, Finance Manager
We,t e undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do he eby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No.s 4878 and 4885 in the amount of$41,300.39,have been authorized;that Check No.s 163665 through
163824 are approved for payment in the amount of$378,574.30,for a combined total of$419,874.69 on this
7th day of January,2008.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 510.00
Judicial 3,843.40
Executive 3,852.67
Police 20,258.34
Fire 7,115.84
Administration&Community Services 45,295.60
Community Development 35,800.24
Engineering 12,727.11
Non-Departmental 43,368.08
Library 1,620.36
TOTAL GENERAL FUND: 174,391.64
STREET 8,058.43
C. D. BLOCK GRANT 44.05
KING COMMUNITY CENTER 1,957.59
AMBULANCE SERVICE 4,658.13
CEMETERY 5,021.41
ATHLETIC PROGRAMS 386.36
SENIOR CENTER 3,275.17
MULTI MODAL FACILITY 1,493.30
SPECIAL ASSESSMNT LODGING 15,407.38
LITTER CONTROL 0.00
REVOLVING ABATEMENT 287.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 8,520.92
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 4,584.47
METRO DRUG FORFEITURE FUND 1,597.35
GENERAL CONSTRUCTION 170.57
WATER/SEWER 23,372.16
EQUIPMENT RENTAL-OPERATING 2_4,227.92
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAUDENTAL INSURANCE 41,300.39
CENTRAL STORES 1,454.51
PUBLIC FACILITIES DIST 26,054.04
PAYROLL CLEARING 32,715.21
TRI CITY ANIMAL CONTROL 40,896.69
GRAND TOTAL ALL FUNDS: $ 419,874.69
2007 EXPENSES
3(b).1
CITY OF PASCO
Council Meeting of:
January 7,2008
Accounts Payable Approved
The City Council
77 City of Pasco, Franklin County,Washington
We,the undo i ned,do hereby certify under penalty of perjury that the materials have been furnished,the
services re er d or th -""iaor pe rmed as described herein and that the claim is a just,due and unpaid
obligation fnst the ity and that a are authorized to authenticate and ce o said cl '
Gary Crut hfi Id, it Hager James W. C se, Finance Manager
We,th undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,
Washington,do hereby certify that the merchandise or services hereinafter specified have been received;
that Check No.s 163825 through 163867 are approved for payment in the amount of$1,123,801.71 on this
7th day of January,2008.
Councilmember Councilmember
SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 0.00
Judicial 503.00
Executive 124.03
Police 110,517.16
Fire 34.61
Administration&Community Services 810.12
Community Development 63.07
Engineering 63.07
Non-Departmental 3,240.12
Library 86,786.83
TOTAL GENERAL FUND: 202,142.01
. STREET 3.84
C. D. BLOCK GRANT 6.01
KING COMMUNITY CENTER 6.01
AMBULANCE SERVICE 10.40
CEMETERY 6.01
ATHLETIC PROGRAMS 0.00
SENIOR CENTER 21.02
MULTI MODAL FACILITY 0.00
RIVERSHORE TRAIL&MARINA MAIN 0.00
LITTER CONTROL 0.00
REVOLVING ABATEMENT 0.00
PARKS FUND 0.00
TRAC DEVELOPMENT 12,500.00
STADIUM/CONVENTION CENTER 0.00
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 0.00
METRO DRUG FORFEITURE FUND 15.02
GENERAL CONSTRUCTIO14 0.00
WATER/SEW ER 870,749.09
EQUIPMENT RENTAL-OPERATING 12,02
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAL/DENTAL.INSURANCE 0.00
CENTRAL STORES 0.00
FIRE PENSIONS 7,326.73
PAYROLL.CLEARING 31,003.55
LID CONSTRUCTION 0.00
GRAND TOTAL ALL FUNDS: $ 1,123,801.71
zoos EXPENSES
3(b).2
CITY OF PASCO
Council Meeting of:
Payroll Approval January 7, 2008
The City Council
City of Pasco
Franklin County, Washington
The follow
067is a summary of payroll claims against the City of Pasco for the month of
December 200 w ich are p filed herewith for your review and approval.
Gary fi ity M nager James W. Ch , Financial Services Manager
We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington,do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 37354 through 37448 and EFT deposit No's. 30020392 through 30020861
and City contributions in the aggregate amount of$1,908,804.07 are approved for payment on this
7th day of January 2008.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 6,194.38
Judicial 69,938.44
Executive 47,966.85
Police 619,365.12
Fire 319,022.80
Administrative&Community Services 237,039.34
Community Development 47,850.14
Engineering 76,567.45
TOTAL GENERAL FUND 1,423,944.52
CITY STREET 33,614.48
BLOCK GRANT 11,863.78
MARTIN LUTHER KING CENTER 4,945.16
AMBULANCE SERVICE FUND 135,060.44
CEMETERY 9,632.85
ATHLETIC FUND 1,162.82
SENIOR CENTER 9,834.66
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 754.23
BOAT BASIN 26151
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 7,967.35
WATER/SEWER 244,259.92
EQUIPMENT RENTAL-OPERATING 25,500.35
GRAND TOTAL ALL FUNDS $ 1,908,804.07
Payroll Summary
Net Payroll 1,088,496.06
Employee Deductions 454,337.01
Gross Payroll 1,542,83107
City of Pasco Contributions 365,971.00
Total Payroll $ 1,908,804.07
3(b).3
AGENDA REPORT NO. 1
FOR: City Council January 3, 2008
TO: Gary Crutchfie anager
Robert J. Albe
tbic Works Director
FROM: Michael McShane, City Engineer W Tb1-HFH Regular Mtg.: 01/07/2008
SUBJECT: Accept 2007 Handicap Ramps, Project #07-3-06
1. REFERENCE(S):
1. Resolution
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
01/07: MOTION: I move to approve Resolution No�7 accepting the work
performed by A&B Asphalt, under contract for the 2007 Handicap
Ramps, Project #07-3-06.
III. FISCAL IMPACT:
Community Development Block Grant
IV. HISTORY AND FACTS BRIEF:
A) On October 15, 2007, Council awarded the 2007 Handicap Ramps, Project #07-3-
06 to A&B Asphalt for$126,460.00.
V. DISCUSSION:
A) The final project cost was $137,440.00. The overage was due to additional work
done to maximize the block grant allocated monies. Staff added additional ramps
to the contract. The work is now complete and staff recommends acceptance of
this work.
3(c)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY A&B ASPHALT UNDER
CONTRACT FOR THE 2007 HANDICAP RAMPS, PROJECT#07-3-06.
WHEREAS, the work performed by A&B ASPHALT, under contract for the 2007
Handicap Ramps, Project#07-3-06, has been examined by Engineering and has been found to be
in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by A&B ASPHALT, under contract for the 2007 Handicap Ramps Project #07-3-06, as being
completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 7th day of January, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT
FOR: City Council DATE: 12/26/07
TO: Gary Crutchfield, City Manager Regular: 1/7/08
r°
FROM: Stan Streb Administrative and Community Services
SUBJECT: Sun Willows Golf Course Cart Path Improvement Project
I. REFERENCE(S):
1. Resolution
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/7/0$: MOTION: I move to approve Resolution No. 3L'09—, accepting the
work performed by Rhoads Asphalt Paving and Construction, under contract for
the Sun Willows Golf Course Cart Path Improvement Project.
Ill. FISCAL IMPACT:
$80,000 General Fund Budget
IV. IIISTORY AND FACTS BRIEF:
A) On September 4, 2007 the City Council awarded the Sun Willows Golf Course
Cart Path Improvement Project, in the amount of$58,709.84, plus tax, to Rhoads
Asphalt Paving and Construction. The project is now complete with the final cost
of the contract being$60,170.59, plus tax (Total: $65,164.75).
B) Due to the favorable price on the alternative bid for overlay work, staff authorized
the substitution of some reconstruction work for overlay, resulting in considerably
more improved area with only a slight increase in cost.
C) While the work is complete and appears to be satisfactory, staff recommends
acceptance of the project with the proviso that any payment be retained until
releases from the Departments of Revenue and Labor and Industries and lien
releases from all subcontractors, laborers and suppliers are obtained. This is due to
the contractor's inability to obtain a performance bond during project
construction.
V. ADMINISTRATIVE ROUTING
Project File
3(d)
RESOLUTION NO. (JJU
A RESOLUTION ACCEPTING WORK BY RHOADS ASPHALT
PAVING AND CONSTRUCTION UNDER CONTRACT FOR THE SUN
WILLOWS GOLF COURSE CART PATH IMPROVEMENT PROJECT.
WHEREAS, the work performed by Rhoads Asphalt Paving and Constriction, under
contract for the Sun Willows Golf Course Cart Path Improvement Project has been examined by
Administrative and Community Services and been found to be in apparent compliance with the
applicable project specifications and drawings, and
WHEREAS, it is Administrative and Community Services' recommendation that the
City of Pasco formally accept the contractor's work and the project as complete; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council concurs with Administrative and Community Services'
recommendation and thereby accepts the work performed by Rhoads Asphalt Paving and
Construction, under contract for the Sun Willows Golf Course Cart Path Improvement Project as
being completed in apparent conformance with the project specifications and drawings, and
Be it further resolved that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be it further resolved that payment be withheld until such time as the necessary releases
from the Departments of Revenue and Labor and Industries are secured; provided, however, no
payment shall be released prior to March 10, 2008.
PASSED by the City Council of the City of Pasco this 7th day of January, 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT NO. 2
FOR: City Council January 3, 2008
TO: Gary Crutchfie Manager
Robert J. Albe flic Works Director
FROM: Michael McShane, City Engineer W RIF- NOM Regular Mtg.: 01/07/2008
SUBJECT: Accept 2007 Annual Overlay/ Street Reconstruction Project, #07-3-02
I. REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/07: MOTION: I move to approve Resolution No.,3LffJlaccepting the work
performed by Inland Asphalt, under contract for the 2007 Annual
Overlay Project, #07-3-02.
III. FISCAL IMPACT:
Street Overlay
IV. HISTORY AND FACTS BRIEF:
A) On August 20, 2007, Council awarded the 2007 Annual Overlay Project, #07-3-02
to Inland Asphalt for$447,476.75.
V. DISCUSSION:
A) The final project cost was $461,798.89. The overage was due to additional
asphalt needed to complete the overlays per plan. The work is now complete and
staff recommends acceptance of this work.
3(e)
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY INLAND ASPHALT
UNDER CONTRACT FOR THE 2007 ANNUAL OVERLAY/ STREET RECONSTRUCTION
PROJECT, #07-3-02.
WHEREAS, the work performed by INLAND ASPHALT, under contract for the 2007
Annual Overlay Project, #07-3-02, has been examined by Engineering and has been found to be
in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the
contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by INLAND ASPHALT, under contract for the 2007 Annual Overlay Project, #07-3-02, as being
completed in apparent confon-nance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this 7th day of January, 2008.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 01
FOR: City Council December 26, 2007
TO: Gary Crutchfi anager
Robert J. Albe bl orks Director
FROM Doyle L Heath, Utility Engineer Regular Mtg.: 01/07/08
SUBJECT: Water Use Efficiency Goals
1. REFERENCE(S):
i. Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
01/07: MOTION: 1 move to approve Resolution No. , establishing
Water Use Efficiency Goals.
III. 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. Water Use Efficiency Goals is a part of the requirements
of this law.
V. DISCUSSION:
A) The Municipal Water Law requirements for Water Use Efficiency Goals were
explained at the City Council Workshop on December 10, 2007. A Public
Hearing was held at the regular City Council Meeting on December 17, 2007,
B) The Proposed Water Use Efficiency Goals are:
a. Residential Retrofit Program — provide public with low flow shower heads,
toilet tank displacement bags, leak detection tablets and other conservation
measures.
b. Perform a Water Audit Program for Large Water Users — audit large water
users (6" meter or equivalent)by December 31, 2010.
c. School Outreach -- perform Water Use Efficiency education in the Pasco
School District.
d. Distribution Leakage Standard (Unaccountable Water) — goal of 12% or less
by December 31, 2010.
e. Outdoor Water Reduction — for domestic users by 2% - 3% by December 31,
2010.
f Public Education — promote Public Education through the annual Consumer
Confidence Report, customer bill statements, and other education materials.
g. Source Metering Replacement and Improvement — ensure water sources are
accurately monitored by December 31, 2010.
B) Staff recommends approval of the Water Use Efficiency Goals Resolution.
8(a)
RESOLUTION NO.
A RESOLUTION establishing Water Use Efficiency Goals.
WHEREAS, Washington State House Bill 1338, better known as the Municipal Water
Law, requires the City of Pasco to establish Water Use Efficiency Goals through a public
process; and
WHEREAS, the Pasco Water Management Plan was adopted under Resolution No. 2872
by the City Council on April 4, 2005; and
WHEREAS, the Pasco City Council held a Public Hearing on December 17, 2007 to
consider appropriate water use efficiency goals, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1: The Pasco City Council hereby establishes Water Use Efficiency Goals as
follows:
a. Residential Retrofit Program — provide public with low flow shower heads, toilet
tank displacement bags, leak detection tablets and other conservation measures.
b. Perform a Water Audit Program for Large Water Users—audit large water users (6"
meter or equivalent) by December 31, 2010.
c. School Outreach -- perform Water Use Efficiency education in the Pasco School
District.
d. Distribution Leakage Standard (Unaccountable Water) — goal of 12% or less by
December 31, 2010.
e. Outdoor Water Reduction— for domestic users by 2% - 3%by December 31, 2010.
£ Public Education — promote Public Education through the annual Consumer
Confidence Report, customer bill statements, and other education materials.
g. Source Metering Replacement and Improvement — ensure water sources are
accurately monitored by December 31, 2010.
Section 2: The City Manager is hereby authorized and directed to employ municipal water
resources as necessary and appropriate to achieve the goals established herein.
Passed by the City Council of the City of Pasco this 7th day of January 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
TO: City Council December 13, 2007
FROM: Gary Crutchfi 1 anager Regular Mtg.: 12/17/07
Re-submitted—Regular Mtg.: 1/7/08
SUBJECT: Baseball Stadi m 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.go for public review)
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMNIENDATIONS:
1/7: MOTION: I move to approve the 10-year lease agreement with Northwest
Baseball Ventures for the Baseball Stadium and, further, authorize
the Mayor to sign the agreement.
111. 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;
9(a)
• 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;
• 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 1/15`h 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 terns
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 $11,000
Gross Revenue $34,900 $36,500 $39,000
Rent Credit(max) -$11,666 -$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.
BASEBALL STADIUM
LEASE
THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this day
of December, 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:
I. 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
4-
308364903
SONS6490 5
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 41h 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
for-utility costs if the C,,mmu,,;+,. Event ; eludes the , 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 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-and retain all 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 City functions and events with Tenant's prior consent,which consent may
not be unreasonably withheld.
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30836490:3
50956490.1
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 to r-tain all reveuuea_therefrom; 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 V 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 41h of July, and the Baseball Stadium shall be reserved for the City's 4'" 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.").
3.2 Extension Option. Tenant shall have one (1) option to extend the Initial Tern-1 for
five (5)years, subject to the terms provided herein (the "Extension Term"). The Extension Term
together with the Initial Term are referred collectively as the "Term".
_3_
sea�ays3
SOMS(4y(I,S
(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 Ann
ual 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 Tenn. Tenant shall pay a late service charge on all past due rent at
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SQ8569MS
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
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 ML13 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
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50856490.5
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
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
sublease/license 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,other than the ongoing plumbing r-epaiFs, ___hieh Gity agrees.
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to eemplete • ith reasonable diligenee. 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.
6.3 Improvements. Tenant has reauested City's permission to install certain fixtures
on the Premises during_the Lease Tertn. City con��en_ts to Tenant'�.reauest pursuant to the
require rnALand conditions contained in this Seeti4n63—.
a Tempt agrees and eeye'ants to City t shalahow Tenant shalltQ install a
modular office building on the Property containing approximately square feet (the
"Improvements"). The improvements shall be e plete.7 aftd.Tenants ll use ood hand
d-iligent efforts tQ.complete &-construction QL c Im rovern sand for the Im12royemmts.to be
ready for occupancy no later than.Tune 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. lUrin> the Term of the Lease.
Ignant shall mai1ntain ownersh Qf,the Im-rovem ?ts: however, at the expiration of the Tim
C_ty m i r wire Tenant to remove the Im roYemn ti or(iil allow Tenant to abandorLthe
Improvements t.. hich time. theimprovements 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, including paipt,carpet/flooring_and..any built-in cabinets_and counters 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.
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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
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, put for which changes are not required for the continued use of the
Premises.
7.2 Tenant Obligations.
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
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30856490.5
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 sha.l l 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.
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.
e. In addition, Tenant agrees as follows:
(i) 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 (6) 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.
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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). Following the eemplefien of soeh
wor-1c by the City, Tenant shall reimburse City for-the Feasenable eeSts ifleUfFed by the City t@
eemplete sueh wer4E(limited to aetual staff time and actual eests of matefials if sueh wodE is
n not year.
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.
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 Basebal l 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) and to retain alLygymur, therefrom. 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.
9.3
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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.
a. Throughout the teFmTv,,rm 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.
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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
Excot as provided above in Section 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 frilly repairs all damage caused by the removal of such equipment and/or fixtures. If
Tenant shall perform work with the consent of 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 filrther 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
50856490.3
SOBSt490.5
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.
12.2 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 Subrogation. 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.
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50854420.5
If City does not elect to make such repairs, or if it reasonably appears that such repairs
cannot be made within one hundred eighty(180) 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 tefmTgrm 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"):
(i) The failure by Tenant to make any payment of Rent by the tenth
(10`x') 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.
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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 wil I 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.
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 Pay Cost of ReLetting. 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.
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MU640.5
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
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.
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17.2 Dafng&-e�estfuetion. lo the event the Pfemises are damaged to sueh an extent
as to r-eader-the same imtQnAhL- ill
te—ble ... whole of in substantial part. City shall repair-or-r-ebuild the
Premises without unneeessafy delay tialess City detea*iiaes that it is not pr-aetieable to repair-of
rebuild the Pr-epaises due to the extent of damage. Rent and other-raharges payable heff-pundprz
— _ in the same futio that the pof4ien of the Premises
shall be abated while sueh work is ' -
unfit for-oeetipaney shall bear-to the whaLle A-fithe Premises. if after-a reasonable time City shall.
fail to pr-oeeed to repair-er-febuild, Tenant shall have the right to deelafe this Lease teffflifiated by
written netiee ser-yed upen City, in the event the Premises shall be dest-Feyed-ef!da
extent that in the epinieft ef Gity it shall net be pr-aetieable t ibuild, either-pat4y shall
have the option to tefminate this Lease by written notice Tefin—vit within twent), (20)
days sueh aamana o, aos+,, +;onIntentionall ..>7r&fed.
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
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.
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V4*564963
50M42U
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 3`d Avenue
Pasco, Washington 99301
Attention: City Manager
Facsimile No.: (509) 545-3403
If to Tenant: Northwest Baseball Ventures I, LLC
P.O. Bw 53q
Spakaiie, WA 99205
5200 Burden Blvd_.
Pasco, J A 1
Attention: Geof!ge Brett resi en
'7604
Facsimile No.: (509) 229 0547-25 .
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.
1 7.13 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
-18-
$08564403
54856424.5
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
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 Maieure. 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
-19-
508564%.3
3UM420.5
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.
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sass�s�a.s
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
-21-
409
SOM6490 5
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 52007.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
-22-
54854420.5
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 , 2007.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,
residing at
My appointment expires
-23-
3963Fi4903
50856490 c
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 comer of Section 15, Township 9 North, Range 29 East W.M. Franklin County,
Washington.
EXHIBIT A
snaseaoas
Exhibit B
Baseball Equipment
Batting e: 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
09$4440
50856490.5
Exhibit
Concourse 1 r Area
West Side
East Side
lam .—. -�.�r �...... ... ._—.—._ ... ..1�1"...-•^�
_ , I
�1�nG.■.Iww Irtlw [aw■� I I '� _1• - `�t l .•. ..�
_—�...a"S �w�wlll p^'1..��� w�^III' ..._. r.�..r■�r`--���..: .��: '1!`,��y'
i• _
�.,�,aiti"+••�ir.•-. '1 eV .i il•?.••J.t•rl�►bwt."'!i-.i Via..:a°Y ^7V++t.Sl w:t;.r! ic�rr yr�.■.t116
Y
�1r,�n►;t�'�. " r �:1,s to ti �5�'.'. Y�• w.n !^ti:, -:}�, ..a�..:.. �^'1....."r.» l;:�;-k•t�.:";',..,,�e:l
�... _ � •' --�- ._. _ �Y>.er.'�.e�R.�'�: (1-t� f'a-�.i i cif/�=.�
1' EXHIBIT
Exhibit D
Intentionally Blank
EXHIBIT D
aess�4ve3
50856490,5
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 71bs. 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 a times
per week for 1 hr. Immediately repair
system as needed.
Chemical March—November Identify turf problems and correct
Applications immediately. Apply fungicide I" week of
November. Apply penetrating agent or
other chemicals as needed.
EXHIBIT E
398564904
54816440.5
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
548Sfi49o.5
Exhibit F
Parking Area
. wupo�t aivp.
DOT ONLY
• PARKING LOT
s
T O&Y
Q
EXHIBIT F
3U713ti�U3
N1356490 s
SCHEDULEI
2008 SOCCER TOURNAMENT DATES
SCHEDULEI
�xsgaao.a
508564905
SCHEDULE2
MLB TAX SCHEDULE
SCHEDULE2
SI185fi4�IlS
AGENDA REPORT NO. 01
FOR: City Council n January 3, 2008
TO: Gary Crutchfi ity anager
Robert J. Albe s, ublic Works Director
FROM: Jess Greenough, Field Divisions Manager Regular Mtg.: 01/07/08
SUBJECT: Award of Coating of Road 68 Water Tank Standpipe, Project#08-5-01
I. REFERENCE(S):
1. Bid Summary
2. Vicinity Map
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/07: MOTION: I move to award the low bid for the Coating of Road 68 Water Tank
Standpipe, Project#08-5-01 to Dunkin& Bush, Inc. in the amount of
$229,300.00 plus applicable sales tax, and further, authorize the
Mayor to sign the contract documents.
III. FISCAL IMPACT:
Water Fund
IV. HISTORY AND FACTS BRIEF:
A) On January 3, 2008 staff received four (4) bids for the Coating of Road 68 Water
Tank Standpipe Project, #08-5-01. The low bid was received from Dunkin &
Bush,Inc. in the amount of$229,300 plus applicable sales tax. The second lowest
bid was received from S & K Painting, Inc. in the amount of $255,000 plus
applicable sales tax.
V. DISCUSSION:
A) The Road 68 Water Tank was constructed in the early 1990's and was used to
hold potable drinking water until the new water tank was finished in 2007. The
tank has now been converted to hold irrigation water for the City's irrigation
system. Prior to converting the tank, an inspection was done on the integrity of
the tank. During the inspection it was revealed that the coating on the existing
standpipe is starting to fail. The coating is vital to keeping the standpipe intact.
This project is for the recoating of the standpipe. The project has a budget of
$270,000.
Staff recommends award of this contract to Dunkin&Bush, Inc.
10(a)
City of Pasco
Coating of Road 68 Water Tank Standpipe
Project No. 08-5-01
January 3, 2008
BID SUMMARY
Total
1 . Dunkin & Bush, Inc. $229,300.00
2. S & K Painting, Inc. $2551000.00
3. ECI Services $26300.00
4. FD Thomas, Inc. $5659000.00
�P
a
--
i 1
G -UROEN B �
i
VICINITY MAP
Coating of Road 68 Water Tank
Standpipe