HomeMy WebLinkAbout2008.01.22 Council Meeting Packet AGENDA
PASCO CITY COUNCII.
Regular Meeting 7:00 p.m. January 22,2008
Please note that our Council meeting will take place on Tuesday, January 22
as City Hall will be closed Monday,January 21 in honor of Martin Luther King Jr.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
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 from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated January 7, 2008.
2. Minutes of the Pasco City Council Special Meeting dated January 14, 2608.
(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$1,629,620.09 ($45,055.93 in the form of Wire
Transfer No. 4887 and $1,584,564.16 consisting of Claim Warrants numbered 163868
through 164058). (2007 Expenses)
2. To approve General Claims in the amount of$649,029.85 ($59,524.78 in the form of Wire
Transfer No. 4889 and $589,505.07 consisting of Claim Warrants numbered 164059 through
164135). (2008 Expenses)
3. 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 $210,832.70 and, of that amount, authorize $174,595.77 be turned over for
collection.
(c) Aquatic Lands Lease for Chiawana Boat Dock:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
January 7,2008.
2. Letter from DNR.
3. Proposed Lease (Council packets only; copy available in Administrative and Community
Services office, the Paso Library or on the city's website at wwwvpasco-wa.gov for public
review).
To approve the Aquatic; Lands Lease for Chiawana Park Boat Dock with the Department of
Natural Resources and, further, authorize the Mayor to sign the document.
(d) Professional Services Agreement with Quality Coating Inspection and Consulting,Inc.:
1. Agenda Report from Jess Greenough, Field Division Manager dated January 9, 2008.
2. Professional Services Agreement.
To approve a Professional Services Agreement with Quality Coating Inspection and Consulting,
Inc., authorizing inspection services with respect to the Coating of Road 68 Water Tank
Standpipe, Project No. 08-5-01 not to exceed $20,472.00 and, further, authorize the Mayor to
sign the agreement.
(e) Professional Services Agreement with SAFEBuilt Washington:
1. Agenda Report from Mitch Nickolds,Inspection Services Manager dated January 9, 2008.
2. Proposed Agreement.
To approve the Professional Services Agreement with SAFEBuilt Washington, Inc., for certain
construction, plan review and inspection services and, further, authorize the Mayor to sign the
agreement.
(f) Fire Department Emergency Response Time Report:
1. Agenda Report from Gregory L. Garcia, Fire Chief dated January 2,2008.
2. Fire Department Emergency Response Report,2007.
3. Pasco Fire Department Response Standards.
To accept and approve the 2007 Fire Department Emergency Response Time Report.
Regular Meeting 2 January 22,2008
(g) Resolution No. 3061, a Resolution accepting dedication deeds for public right-of-way for a
future street adjacent the north line of the Heritage Village Subdivision,
1. Agenda Report from David I. McDonald,City Planner dated January 7, 2008.
2. Vicinity Map.
3. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in the
Planning Office, the Pasco Library or on the city's website at www.t)asco-wa.gov for public
review).
4. Resolution Accepting Deeds.
To approve Resolution No. 3061, accepting certain deeds for street right-of-way along the north
side of Heritage Village.
(RQ MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
S. VISITORS-OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
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 confirming Mayoral appointments of Councilmembers
to various Boards and Committees.
1, Agenda Report from Gary Crutchfield,City Manager dated January 17, 2008.
2. Resolution.
3. Proposed list of Boards and Committee Assignments for 20082009.
MOTION: I move to approve Resolution No. , confirming Mayoral appointments to
various Boards and Committees.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) Waiver of Utility Service Requirement—Helena Chemical—1010 E.Kartchner Street:
1. Agenda Report from Michael McShane,City Engineer dated January 7, 2008
2. Vicinity Map.
3. Petition for Utility Service Waiver.
4. PMC 1 6.06.
MOTION: I move to deny the sewer utility waiver as requested by Helena Chemical Co.,Inc.
*(b) Initial Bargaining Contract for Code Enforcement Officers and Permit Technicians:
1. Agenda Report from Lynne Jackson,Human Resources Manager dated January 9, 2008.
2. Proposed Collective Bargaining Agreement (Council packets only; copy in Human
Resources office for public review).
MOTION: I move to approve the Collective Bargaining Agreement with the IUOE, Local 280
on behalf of Code Enforcement Officers and Permit Technicians and, further, authorize the
Mayor to sign the agreement.
II. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
Regular Meeting 3 January 22,2008
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. 5:00 p.m., Tuesday,January 22,TRAC Facility—TRAC Board Meeting. (MAYOR JOYCE OLSON and
COUNCILMEMBER REBECCA FRANCIK)
2. 6:00 p.m., Tuesday, January 22, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR
JOYCE OLSON and COUNCILMEMBER MATT WATKINS)
3. 8:00 a.m., Wednesday, January 23, TRAC Facility — TRIDEC Economic Outlook Forum. (MAYOR
JOYCE OLSON, COUNCILMEMBERS REBECCA FRANCIK, TOM LARSEN and Al.YENNEY)
4. 7:30 a.m., Thursday, January 24, Shilo Inn — Tri-Cities Visitor & Convention Bureau Board Meeting.
(COUNCILMEMBER MIKE GARRISON,Rep.; TOM LARSEN, Alt.)
5. 12:00 p.m., Thursday, January 24, 720 W. Lewis Street — Pasco Downtown Development Association
Board Meeting. (COUNCILMIMBER AL YENNEY,Rep.; MATT WATKINS, Alt.)
6. 4:00 p.m., Thursday, January 24, Three-Rivers Convention Center — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.;TOM LARSEN, Alt.)
7. 5:30 p.m., Thursday, January 24, 710 W. Court Street—Benton Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK,Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 7, 2008
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Torn
Larsen, Joyce Olson, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Michael McShane, City
Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Doyle Heath, Utility
Engineer; and Jess Greenough,Field Division Manager.
The meeting was opened with the Pledge of Allegiance.
Election of Mayor and Mayor Pro-Tem:
Mr. Watkins nominated Joyce Olson for Mayor. Mr. Garrison seconded.
With no further nominations,Mayor Olson closed nominations.
Ms. Olson was declared Mayor for the years 2008 and 2009 by unanimous Roll Call vote.
Mr. Garrison nominated Matt Watkins for Mayor Pro-Tem.
Mr. Larsen nominated Robert Hoffmann for Mayor Pro-Tem.
With no further nominations, Mayor Olson closed nominations.
Mr. Watkins was declared Mayor Pro-Tem by the following Roll Call vote:
Watkins: Olson, Yenney, Hoffmann, Francik, Garrison.
Hoffmann: Larsen.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated December 17, 2007.
(b) Bills and Communications:
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)
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)
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.
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 3(a).i
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 7, 2008
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.
To approve Resolution No. 3059, accepting the work performed by Inland Asphalt under
contract for the 2007 Annual Overlay Project No. 07-3-02.
MOTION: Mr. Mr. Watkins moved to approve the Consent Agenda as read. Ms. Francik
seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mayor Olson noted a representative from League of Women Voters is in the audience
and will be regularly attending the Council meetings. She also recognized students in the
audience.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mayor Olson attended the First Night celebration.
Mr. Garrison welcomed Mr. Yenney to the Council.
Mr. Larsen attended the First Night celebration and the Emergency Medical Services
Board Meeting.
Mr. Hoffmann noted the Cable Bridge Run had a record number of participants. He also
attended the First Night celebration and the Franklin County Mosquito Control District
board meeting.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 3060, a Resolution establishing Water Use Efficiency Goals.
MOTION: Mr. Mr. Watkins moved to approve Resolution No. 3060, establishing Water
Use Efficiency Goals. Mr. Garrison seconded. Motion carried unanimously.
UNFINISHED BUSINESS:
Baseball Stadium Lease:
Council adjourned to Executive Session at 7:15 p.m. for approximately 15 minutes to
discuss the Baseball Stadium Lease.
Mayor Olson reconvened the meeting at 7:28 p.m.
MOTION: Mr. Watkins moved to bring off the table for discussion the 10-year lease
agreement with Northwest Baseball Ventures for the Baseball Stadium. Mr. Larsen
seconded. Motion carried unanimously.
MOTION: Mr. Watkins moved to table this issue until January 14, 2008 to consider
revised language relating to the stadium naming rights in the proposed agreement. Mr.
Garrison seconded. Motion carried unanimously.
NEW BUSINESS:
Coating of Road 68 Water Tank Standpipe Project No. 08-5-01:
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 7, 2008
MOTION: Mr. Mr. Watkins moved 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. Mr. Garrison seconded. Motion carried by unanimous Roll Call
vote.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:39 p.m. for approximately 20 minutes to
discuss litigation or potential litigation with legal counsel.
Mayor Olson returned to the Council Chambers and noted the executive session will
continue an additional 10 minutes.
Mayor Olson reconvened the meeting at 8:09 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:09 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 22nd day of January 2008.
3
MINUTES
SPECIAL MEETING PASCO CITY COUNCIL JANUARY 14, 2008
CALL TO ORDER:
The special meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Michael Garrison, Robert Hoffmann, Tom Larsen, Joyce
Olson, Matt Watkins and Al Yenney. Absent: Rebecca Francik.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; David McDonald, City Planner;
Michael McShane, City Engineer; Denis Austin, Police Chief and Greg Garcia, Fire
Chief.
The meeting was opened with the Pledge of Allegiance.
BUSINESS ITEMS:
Baseball Stadium Lease:
Mr. Crutchfield updated Council on the naming rights section of the lease.
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. Watkins seconded. Motion carried 4-2. No—Yenney, Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:09 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 22nd day of January, 2008.
3(a).2
1
CITY OF PASCO
Council Meeting of:
January 22,2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the u signed,d reby ce ify under penalty of perjury that the materials have been furnished,the
services ered or a labor pe rmed as described herein and that the claim is a just,due d unpaid
obligati ainst t city and t t we are authorized to authenticate and 794�_
Gary rutc ' d, ag r James W. Ch e, Finance Manager
We the 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 Wire Transfer
No.4887 in the amount of$45,055.93, has been authorized;that Check No.s 163868 through 164058
are approved for payment in the amount of$1,584,564.16,for a combined total of$1,629,620.09 on this
22nd day of January,2008.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 920.21
Judicial 12,607.92
Executive 3,678.34
Police 270,359.64
Fire 24,559.48
Administration&Community Services 58,653.29
Community Development 1,647.83
Engineering 6,541.35
Non-Departmental 46,656.85
Library 1,784.86
TOTAL GENERAL FUND: 427,409.77
STREET 203,264.66
C. D. BLOCK GRANT 32,078.56
KING COMMUNITY CENTER 3,356.04
AMBULANCE SERVICE 6,619.42
CEMETERY 994.42
ATHLETIC PROGRAMS 1,908.00
SENIOR CENTER 4,771.53
MULTI MODAL FACILITY 2,850.68
RIVERSHORE TRAIL& MARINA MAIN 124.00
LITTER CONTROL 1,943.24
REVOLVING ABATEMENT 30,104.65
PARKS FUND 2,444.13
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 0.00
SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00
METRO DRUG TASK FORCE 9,851,72
METRO DRUG FORFEITURE FUND 748.67
GENERAL CONSTRUCTION 6,612.80
WATER/SEW ER 533,924.09
EQUIPMENT RENTAL-OPERATING 3,885.59
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAL/DENTAL INSURANCE 45,055.93
CENTRAL STORES 1,005.96
FIRE PENSIONS 105.00
TRI CITY ANIMAL CONTROL 3,806.40
LID CONSTRUCTION 306,754.83
GRAND TOTAL ALL FUNDS: $ 1,629,620.09
2007 EXPENSES
3(b).1
CITY OF PASCO
Council Meeting of:
January22,2008
Accounts Payable Approved
The City Council
City of Pasco, Franklin County,Washington
We,the 4nn ed,do h ertify under penalty of perjury that the materials have been furnished,the::::!services or the bor pe ormed as described herein and that the claim is a just,due and unpaid
obligatiothe y and th we are authorized to authenticate and ce to s r 4 42-
Gary/he ana r James W.C se, F inance Manager
We ndersigned 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 Wire Transfer
No.4889 in the amount of$59,524.78, has been authorized;that Check No.s 164059 through 164135
are approved for payment in the amount of$589,505.07,for a combined total of$649,029.85 on this
22nd day of January,2008,
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 173.40
Judicial 1,363.00
Executive 24.03
Police 44,172.43
Fire 34.61
Administration&Community Services 36,730.42
Community Development 338.07
Engineering 252.60
Non-Departmental 134,876.19
Library 16.00
TOTAL GENERAL FUND: 217,980.75
STREET 33,603.84
C. D.BLOCK GRANT 6.01
KING COMMUNITY CENTER 2,076.01
AMBULANCE SERVICE 9,610.40
CEMETERY 2,106.01
ATHLETIC PROGRAMS 3,290.00
SENIOR CENTER 5,022.94
MULTI MODAL FACILITY 1,228.15
RIVERSHORE TRAIL& MARINA MAIN 1,500.00
LITTER CONTROL 0.00
REVOLVING ABATEMENT 1,629.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 3,142.00
2002 UTGO REFUNDING BONDS 303.50
METRO DRUG TASK FORCE 0.00
METRO DRUG FORFEITURE FUND 15.02
99 UTGO BONDS LIBR/FIRE STAT 303.50
WATER/SEW ER 203,222.84
EQUIPMENT RENTAL-OPERATING 32,581.37
EQUIPMENT RENTAL-REPLACEMENT 0.00
MEDICAL/DENTAL INSURANCE 88,495.55
CENTRAL STORES 0.00
FIRE PENSIONS 0.00
PAYROLL CLEARING 42,912.96
LID CONSTRUCTION 0.00
GRAND TOTAL ALL FUNDS: $ 649,029.85
2008 EXPENSES
3(b).2
AGENDA REPORT
FOR: City Council DATE: 1/16/2008
TO: Gary Crutchfi 1 j anager REGULAR: 1/22/2008
S trebel,A min' trative&Community Services Director
FROM: jm ,Fi nee Manager
SUBJECT: BA EBT WRITE-OFF'S/COLLECTION.
I. REFERENCE(S):
Write-off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move 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$210,832.70 and,of that amount, authorize$174,595.77 be turned over
for collection.
III. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address,or are accounts in "occupant" status. Accounts submitted for
collection exceed$10.00.
2. AMBULANCE -These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un-collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
6. GENERAL- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
7. MISCELLANEOUS- These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ 25.01 320.65 345.66
Ambulance $ 36,211.92 26,500.12 62,712.04
Court A/R $ .00 145,365.00 145,365.00
Liens $ .00 610.00 610.00
Cemetery $ .00 .00 .00
General $ .00 56.00 56.00
Miscellaneous $ .00 1,744.00 1,744.00
TOTAL: $ 36,236.93 174,595.77 210,832.70
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).3
AGENDA REPORT
FOR: City Council January 7, 2008
TO: Gary Crutch el a'5 nager
FROM: Stan Strebel, dhand C ommunity Workshop Mtg.: 01/14/08
Services Dire t Lw Regular Mtg.: 01/22/08
SUBJECT: Aquatic Lands Lease for Chiawana Boat Dock
I. REFERENCE(S):
1. Letter from DNR
2. Proposed Lease (Council packets only; copy available in Administrative and
Community Services office, the Pasco Library or on the city's website at
www.pasco-wa.gov for public review.)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01114: Discussion
01/22: MOTION: I move to approve the Aquatic Lands Lease for Chiawana Park
Boat Dock with the Department of Natural Resources and
further, authorize the Mayor to sign the document.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) By law the State of Washington is vested with ownership of lands below the
ordinary high water mark of major bodies of water. Given this, most docks and
boat launches, etc. are located on State lands. When Franklin County originally
constructed the Chiawana Park Boat Dock, several years ago, State approval was
given but no lease for the underlying property was required.
B) As the Corps of Engineers and the City were coordinating the replacement of the
damaged dock (as a precondition to the new lease of the park) the State
Department of Natural Resources notified us that a lease would now be required
for the facility.
C) As the underlying leasee for the park, it makes sense for the City to also be the
lessee of the aquatic lands. The proposed lease is no cost to the City as the dock
is open to the public without cost. The 12 year term is within the term of the
City's lease with COE for the park.
D) Staff recommends approval of the lease so that the dock facility may be available
to continue in public use.
3(c)
�r
WASHINGTON STATE DEPARTMENTOF
DOUG SUTHERLAND Resources Commissioner
of Public Lands
JAN 0 2 2 0G�i
December 20, 2007
The Honorable Joyce Olson
City of Pasco
PO Box 293
Pasco, WA 99301
Subject: Aquatic Lands Lease No. 20-081594
Dear Mayor Olson:
Enclosed are two (2) identical originals of Aquatic Lands Lease No. 20-081594 for your review.
If they meet with your approval,please sign and date both copies and return them within thirty
(30) days to:
Department of Natural Resources
Aquatics Region/Rivers District
PO Box 280
Castle Rock, WA 98611
Please note that your signature must be notarized. Each Lease document contains a certificate of
acknowledgement for this purpose.
Upon receiving the items listed above and completion of our final evaluation at the staff level,
we will submit them to DNR management for their review and final execution.
If you have any questions, please contact Dave Harsh at(509) 220-3009.
Sincerely,
Mindi L. Bond, Natural Resource Technician
Aquatics Region/Rivers District
Enclosures (2)
cc: Olympia
Region
PACIFIC CASCADE REGION 1 601 BOND RD I PO BOX 280 1 CASTLE ROCK,WA 98611-0280
TEL:(360)577-2025 1 FAX(360)274-4196 1 TTY:(360)577-2025
Equal Opportunity Employer RECYCLED PAPER
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
AQUATIC LANDS LEASE
TABLE OF CONTENTS
1. PROPERTY..........................................................................................................................1
1.1 Property Defined.............................................................................................................. 1
1.2 Survey and Property Descriptions.................................................................................2
1.3 Inspection .........................................................................................................................2
2. USE........................................................................................................................................2
2.1 Permitted Use...................................................................................................................2
2.2 Restrictions on Use..........................................................................................................2
2.3 Conformance with Laws.................................................................................................3
2.4 Liens and Encumbrances................................................................................................3
3. TERM....................................................................................................................................3
3.1 Term Defined...................................................................................................................3
3.2 Renewal of the Lease.......................................................................................................3
3.3 End of Term.................................... ................................................................................3
3.4 Hold Over.........................................................................................................................4
4. RENT..................................................................... ..............................................................4
4.1 Annual Rent.....................................................................................................................4
4.2 Payment Place..................................................................................................................4
4.3 Adjustment Based on Use...............................................................................................5
4.4 Rent Adjustment Procedures .........................................................................................5
4.5 Rent Adjustments for Water-Dependent Uses..............................................................5
5. OTHER EXPENSES...........................................................................................................5
5.1 Utilities..............................................................................................................................5
5.2 Taxes and Assessments....................................................................................................6
5.3 Right to Contest...............................................................................................................6
5.4 Proof of Payment.............................................................................................................6
5.5 Failure to Pay...................................................................................................................6
6. LATE PAYMENTS AND OTHER CHARGES...............................................................6
6.1 Late Charge......................................................................................................................6
6.2 Interest Penalty for Past Due Rent and Other Sums Owed........................................6
6.3 Referral to Collection Agency and Collection Agency Fees ........................................6
6.4 No Accord and Satisfaction ............................................................................................7
6.5 No Counterclaim, Setoff, or Abatement of Rent...........................................................7
7. IMPROVEMENTS..............................................................................................................7
7.1 Improvements Defined....................................................................................................7
7.2 Existing Improvements...................................................................................................7
7.3 Construction, Alteration,Replacement, and Modification..........................................7
7.4 Disposition and Removal of Tenant-Owned Improvements at End of Lease............8
7.5 Disposition of Unauthorized Improvements.................................................................9
Form Date: 1/2007 1 Lease No.20-081594
7.6 Disposition of Personal Property..................................................................................10
8. ENVIRONMENTAL LIABILITY/RISK ALLOCATION............................................10
8.1 Definitions..................................................................................................•.................... 10
8.2 General Conditions........................................................................................................ 10
8.3 Current Conditions and Duty to Investigate........................... ...................... ........... 11
8.4 Use of Hazardous Substances......................................................................... ............. 11
8.5 Management of Contamination................................................................................... 11
8.6 Notification and Reporting........................................................................................... 12
8.7 Indemnification.............................................................................................................. 12
8.8 Reservation of Rights.................................................................................................... 13
8.9 Cleanup........................................................................................................................... 14
8.10 Sampling by State, Reimbursement, and Split Samples............................................ 14
9. ASSIGNMENT AND SUBLETTING..............................................................................15
9.1 State Consent Required................................................................................................. 15
9.2 Rent Payments Following Assignment........................................................................ 15
9.3 Terms of Subleases........................................................................................................ 15
9.4 Short-Term Subleases of Moorage Slips..................................................................... 16
10. INDEMNITY, FINANCIAL SECURITY, INSURANCE..............................................16
10.1 Indemnity•...................................................................................................................... 16
10.2 Insurance Terms............................................................................................................17
10.3 Insurance Types and Limits......................................................................................... 18
10.4 Financial Security................. ........................................................................................20
11. MAINTENANCE AND REPAIR.....................................................................................21
11.1 State's Repairs................................................................................................................21
11.2 Tenant's Repairs,Alteration, Maintenance and Replacement..................................21
12 DAMAGE OR DESTRUCTION......................................................................................21
12.1 Notice and Repair..........................................................................................................21
12.2 State's Waiver of Claim................................................................................................21
12.3 Insurance Proceeds........................................................................................................21
12.4 Rent in the Event of Damage or Destruction.............................................................21
12.5 Default at the Time of Damage or Destruction...........................................................21
13. CONDEMNATION...........................................................................................................22
13.1 Definitions.......................................................................................................................22
13.2 Effect of Taking.............................................................................................................22
13.3 Allocation of Award........................ ..............................................................................22
14. DEFAULT AND REMEDIES..........................................................................................23
14.1 Default Defined..............................................................................................................23
14.2 Tenant's Right to Cure..............................................................................•...................23
14.3 Remedies.........................................................................................................................23
15. ENTRY BY STATE...........................................................................................................24
16. DISCLAIMER OF QUIET ENJ OYMENT.....................................................................24
16.1 No Guaranty or Warranty............................................................ ..24
16.2 In the Event of Eviction by Third Party......................................................................24
17. NOTICE..............................................................................................................................24
18. MISCELLANEOUS ..........................................................................................................25
18.1 Authority........................................................................................................................25
Form Date: 1/2007 11 Lease No.20-081594
18.2 Successors and Assigns................................................................................................ .25
18.3 Headings.........................................................................................................................25
18.4 Entire Agreement..........................................................................................................25
18.5 Waiver.............................................................................................................................25
18.6 Cumulative Remedies....................................................................................................25
18.7 Time is of the Essence....................................................................................................25
18.8 Language........................................................................................................................26
18.9 Invalidity.........................................................................................................................26
18.10 Applicable Law and Venue...........................................................................................26
18.11 Recordation....................................................................................................................26
18.12 Modification...................................................................................................................26
18.13 Survival...........................................................................................................................27
Exhibit A: Record of Survey
Exhibit B: Plan of Operations
Fort Date: 1/2007 iii Lease No.20-081594
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
AQUATIC LANDS LEASE
AQUATIC LANDS LEASE NO. 20-481594
THIS LEASE is made by and between the STATE OF WASHINGTON, acting through the
Department of Natural Resources ("State"), and CITY OF PASCO, a government agency/entity
("Tenant").
BACKGROUND
Tenant desires to lease the aquatic lands commonly known as Chiawana Park on the Columbia
River which is shorelands and bedlands located in Franklin County, Washington, from State, and
State desires to lease the property to Tenant pursuant to the terms and conditions of this Lease.
THEREFORE,the parties agree as follows:
SECTION 1 PROPERTY
1.1 Property Defined.
(a) State leases to Tenant and Tenant leases from State the real property described in
Exhibit A together with all the rights of State, if any,to improvements on and
easements benefiting the Property, but subject to the exceptions and restrictions
set forth in this Lease (collectively the"Property").
(b) This Lease is subject to all valid interests of third parties noted in the records of
Franklin County, or on file in the office of the Commissioner of Public Lands,
Olympia, Washington; rights of the public under the Public Trust Doctrine or
federal navigation servitude; and treaty rights of Indian Tribes.
(c) Not included in this Lease are any right to harvest, collect or damage any natural
resource, including aquatic life or living plants, any water rights, or any mineral
Form Date: 1/2007 1 Lease No.20-081594
rights, including any right to excavate or withdraw sand, gravel, or other valuable
materials.
(d) State reserves the right to grant easements and other land uses on the Property to
others when the easement or other land uses will not unreasonably interfere with
Tenant's Permitted Use.
1.2 Survey and Property Descriptions.
(a) Tenant prepared Exhibit A, which describes the Property. Tenant warrants that
Exhibit A is a true and accurate description of the Lease boundaries and the
improvements to be constructed or already existing in the Lease area.
(b) Tenant shall not rely on any written legal descriptions, surveys, plats, or diagrams
("property description") provided by State. Tenant shall not rely on State's
approval or acceptance of Exhibit A or any other Tenant-provided property
description as affirmation or agreement that Exhibit A or other property
description is true and accurate. Tenant's obligation to provide a true and
accurate description of the Property boundaries shall be a material term of this
Lease.
1.3 Inspection. State makes no representation regarding the condition of the Property,
improvements located on the Property, the suitability of the Property for Tenant's Permitted Use,
compliance with governmental laws and regulations, availability of utility rights, access to the
Property, or the existence of hazardous substances on the Property. Tenant has inspected the
Property and accepts it"AS IS."
SECTION 2 USE
2.1 Permitted Use. Tenant shall use the Property for a public use and access recreational
dock(the"Permitted Use"), and for no other purpose. The Permitted Use is described or shown
in greater detail in Exhibit B, the terms and conditions of which are incorporated by reference
and made a part of this Lease. This is a water-dependant use.
2.2 Restrictions on Use.
(a) Tenant shall not cause or permit any damage to natural resources on the Property.
(b) Tenant shall also not cause or permit any filling activity to occur on the Property
or adjacent state-owned aquatic land. This prohibition includes any deposit of
rock, earth,ballast, wood waste, refuse, garbage, waste matter(including
chemical,biological, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as approved in writing by State.
(c) Tenant shall neither commit nor allow waste to be committed to or on the
Property or adjacent state-owned aquatic land.
(d) Failure to Comply with Restrictions on Use.
(1) If State gains actual knowledge of Tenant's failure to comply with any of
the restrictions set out in this Subsection 2.2, State may notify Tenant and
provide Tenant a reasonable time to take all steps necessary to remedy the
Form Date: 1/2007 2 Lease No.20-081594
failure and restore the Property to the condition before the failure
occurred.
(2) If Tenant fails to restore the Property in a timely manner,then State may
take any steps reasonably necessary to restore the Property. Upon demand
by State, Tenant shall pay all costs of any remedial action, including but
not limited to the costs of removing and disposing of any material
deposited improperly on the Property.
(e) State's failure to notify Tenant of Tenant's failure to comply with all or any of the
restrictions set out in this Subsection 2.2 does not constitute a waiver of any
remedies available to State.
(f) This section shall not in any way limit Tenant's liability under Section 8, below.
2.3 Conformance with Laws. Tenant shall, at all times,keep current and comply with all
conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and
other government rules and regulations regarding its use or occupancy of the Property.
2.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens
and encumbrances arising out of or relating to its use or occupancy of the Property.
SECTION 3 TERM
3.1 Term Defined. The term of this Lease is twelve (12) years (the"Term"), beginning on
the 1 st day of September, 2007 (the"Commencement Date"), and ending on the 31 st day of
August, 2019 (the"Termination Date"), unless terminated sooner under the terms of this Lease.
3.2 Renewal of the Lease. This Lease does not provide a right of renewal. Tenant may
apply for a new lease,which State has discretion to grant.
3.3 End of Term.
(a) Upon the expiration or termination of this Lease, Tenant shall surrender the
Property to State in the same or better condition as on the Commencement Date,
reasonable wear and tear excepted.
(b) Definition of Reasonable Wear and Tear.
(1) Reasonable wear and tear is defined as deterioration resulting from the
intended use of the leasehold that has occurred without neglect,
negligence, carelessness, accident, or abuse of the premises by Tenant or
any other person on the premises with the permission of Tenant.
(2) Reasonable wear and tear shall not include any deposit of rock, earth,
ballast,wood waste,refuse, garbage, waste matter(including chemical,
biological or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property that State has not expressly approved of in
writing regardless of whether the deposit is incidental to or the byproduct
of the intended use of the leasehold.
(c) If Property is in worse condition, excepting for reasonable wear and tear, on the
surrender date than on the Commencement Date, the following provisions apply.
Form Date: 1/2007 3 Lease No.20-081594
(c) If Property is in worse condition, excepting for reasonable wear and tear, on the
surrender date than on the Commencement Date,the following provisions apply.
(1) State shall provide Tenant a reasonable time to take all steps necessary to
remedy the condition of the Property. State, at its option, may require
Tenant to enter into a right-of-entry or other use authorization prior to the
Tenant entering the Property to remedy any breach of this Subsection 3.3.
(2) If Tenant fails to remedy the condition of the Property in a timely manner,
then State may take any steps reasonably necessary to remedy Tenant's
failure. Upon demand by State, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and
disposing of any material deposited improperly on the Property, lost rent
resulting from the condition of the Property prior to and during remedial
action, and any administrative costs associated with the remedial action.
3.4 Holdover.
(a) If Tenant remains in possession of the Property after the Termination Date,the
occupancy shall not be an extension or renewal of the Term. The occupancy shall
be a month-to-month tenancy, on terms identical to the terms of this Lease,which
may be terminated by either party on thirty (30)days' written notice.
(1) The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made
in accordance with its terms.
(2) Payment of more than the monthly rent shall not be construed to create a
periodic tenancy longer than month-to-month. If Tenant pays more than
the monthly rent and State provides notice to vacate the property, State
shall refund the amount of excess payment remaining after the Tenant
ceases occupation of the Property.
(b) If State provides a notice to vacate the Property in anticipation of the termination
of this Lease or at any time after the Termination Date and Tenant fails to do so
within the time set forth in the notice,then Tenant shall be a trespasser and shall
owe the State all amounts due under RCW 79.02.300 or other applicable law.
SECTION 4 RENT
4.1 Annual Rent.
(a) Until adjusted as set forth below, Tenant shall pay to State an annual rent of Zero
Dollars ($0.00), related to water-dependant use.
(b) The annual rent, as it currently exists or as adjusted or modified(the "Annual
Rent"), shall be due and payable in full on or before the Commencement Date and
on or before the same date of each year thereafter.
4.2 Payment Place. Payment is to be made to Financial Management Division, 1111
Washington St SE, PO Box 47041, Olympia, WA 98504-7041.
Form Date: 1/2007 4 Lease No.20-081594
4.3 Adjustment Based on Use. Annual Rent is based on Tenant's Permitted Use of the
Property, as described in Section 2 above. If Tenant's Permitted Use changes,the Annual Rent
shall be adjusted as appropriate for the changed use.
4.4 Rent Adjustment Procedures.
(a) Notice of Rent Adjustment. Notice of any adjustments to the Annual Rent that
are allowed by Paragraphs 4.5(b) shall be provided to Tenant in writing no later
than ninety (90) days after the anniversary date of the Lease.
(b) Procedures on Failure to make Timely Adjustment. In the event the State fails to
provide the notice required in Paragraph 4.4(a), it shall be prohibited from
collecting any adjustments to rent only for the year in which it failed to provide
notice. No failure by State to adjust Annual Rent pursuant to Paragraph 4.4(a)
shall affect the State's right to establish Annual Rent for a subsequent lease year
as if the missed or waived adjustment had been implemented. The State may
adjust, bill, and collect Annual Rent prospectively as if any missed or waived
adjustments had actually been implemented. This includes the implementation of
any inflation adjustment and any rent revaluations that would have been
authorized for previous lease years.
4.5 Rent Adjustments for Water-Dependent Uses.
(a) Inflation Adjustment. State shall adjust water-dependent rent annually pursuant
to RCW 79.105.200-.360, except in those years in which the rent is revalued
under Paragraph 4.5(b)below. This adjustment shall be effective on the
anniversary of the Commencement Date.
(b) Revaluation of Rent. At the end of the first four-year period of the Term, and at
the end of each subsequent four-year period, State shall revalue the
water-dependent Annual Rent in accordance with RCW 79.105.200-.360.
(c) Rent Cap. After the initial year's rent is determined under Subsection 4.1, rent
may increase by operation of Paragraph 4.5(a) or 4.5(b). If application of the
statutory rent formula for water-dependent uses would result in an increase in the
rent attributable to such uses of more than fifty percent (50%) in any one year,the
actual increase implemented in such year shall be limited to fifty percent(50%)of
the then-existing rent, in accordance with RCW 79.105.260. The balance of the
increase determined by the formula shall be deferred to subsequent years and
added to the next and subsequent years' rental increases until the full amount of
the increase is lawfully implemented.
SECTION 5 OTHER EXPENSES
5.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and
occupancy of the Property, including but not limited to electricity,water, gas, and telephone
service.
Form Date: 1/2007 5 Lease No.20-081594
5.2 Taxes and Assessments. Tenant shall pay all taxes (including leasehold excise taxes),
assessments, and other governmental charges, of any kind whatsoever, applicable or attributable
to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and enjoyment of
the Property.
5.3 Right to Contest. Tenant may, in good faith, contest any tax or assessment at its sole
cost and expense. At the request of State, Tenant shall furnish reasonable protection in the form
of a bond or other security, satisfactory to State, against any loss or liability by reason of such
contest.
5.4 Proof of Payment. If required by State, Tenant shall furnish to State receipts or other
appropriate evidence establishing the payment of any amounts required to be paid under the
terms of this Lease.
5.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, State
may pay the amount due, and recover its cost in accordance with the provisions of Section 6.
SECTION 6 LATE PAYMENTS AND OTHER CHARGES
6.1 Late Charge. If State does not receive any rental payment within ten(10) days of the
date due, Tenant shall pay to State a late charge equal to four percent (4%) of the amount of the
payment or Fifty Dollars ($50), whichever is greater,to defray the overhead expenses of State
incident to the delay. Failure to pay rent constitutes a default by the Tenant and State may seek
remedies under Section 14 as well as late charges and interest as provided in this section.
6.2 Interest Penalty for Past-Due Rent and Other Sums Owed.
(a) If State does not receive rent within thirty(30) days of the date due, then Tenant
shall pay interest on the amount outstanding at the rate of one percent(1%)per
month until paid, in addition to paying the late charges determined under
Subsection 6,1, above.
(b) If State pays or advances any amounts for or on behalf of Tenant, including but
not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of
removal and disposal of unauthorized materials pursuant to Subsection 2.2 above,
costs of removal and disposal of improvements pursuant to Section 7 below, or
other amounts not paid when due, Tenant shall reimburse State for the amount
paid or advanced and shall pay interest on that amount at the rate of one percent
(I%)per month from the date State notifies Tenant of the payment or advance.
6.3 Referral to Collection Agency and Collection Agency Fees. If State does not receive
payment within thirty(30) days of the due date, State has discretion to refer the unpaid amount to
a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral,
Tenant shall pay collection agency fees in addition to the unpaid amount. Under RCW
19.16.500, a collection agency fee of up to fifty percent(50%) of the first One Hundred
Thousand Dollars ($100,000)of unpaid debt and up to thirty-five percent (35%) of unpaid debt
over One Hundred Thousand Dollars ($100,000) is reasonable.
Form Date: 1/2007 6 Lease No.20-081594
6.4 No Accord and Satisfaction. If Tenant pays, or State otherwise receives, an amount less
than the full amount then due, State may apply such payment as it elects. In the absence of an
election,the payment or receipt shall be applied first to accrued taxes which State has advanced
or may be obligated to pay, then to other amounts advanced by State, then to late charges and
accrued interest, and then to the earliest rent due. State may accept any payment in any amount
without prejudice to State's right to recover the balance of the rent or pursue any other right or
remedy. No endorsement or statement on any check, any payment, or any letter accompanying
any check or payment shall constitute or be construed as accord and satisfaction.
6.5 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth
elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be
paid without the requirement that State provide prior notice or demand, and shall not be subject
to any counterclaim, setoff, deduction, defense or abatement.
SECTION 7 IMPROVEMENTS
7.1 Improvements Defined.
(a) Improvements. Consistent with RCW 79.105 through 79.145, Improvements are
additions within, upon, or attached to the land. This includes,but'is not limited
to, fill, structures, bulkheads, docks,pilings, and other fixtures.
(b) Personal Property. Personal property is defined as items that can be removed
from the Property without (1) injury to the Property or Improvements or (2)
diminishing the value or utility of the Property or Improvements.
(c) State-Owned Improvements. State-Owned Improvements are Improvements
made or owned by State. State-Owned Improvements includes any construction,
alteration, or addition to State-Owned Improvements made by Tenant.
(d) Tenant-Owned Improvements. Tenant-Owned Improvements are Improvements
made by Tenant with State's consent or acquired by Tenant from former tenant in
accordance with RCW 79.125.300 or 79.130.040.
(e) Unauthorized Improvements. Unauthorized Improvements are Improvements
made on the Property without State's prior consent or Improvements made by
Tenant that are not in conformance with plans submitted to and approved by the
State.
7.2 Existing Improvements. On the Commencement Date, the following Improvements are
located on the Property: Three steel pilings, 60' x 8' dock, 9' x 10' landing attached for
gangway, 40' x 6' rotating gangway, 32' x 7' gangway. The Improvements are Tenant-Owned.
7.3 Construction,Alteration, Replacement, and Modification.
(a) Tenant shall not place, construct, remove, or demolish Improvements without
State's prior written consent. State may deny consent if State determines that
denial is in the best interests of the State. State's consent is not required for
routine maintenance or repair to Improvements made by the Tenant pursuant to its
obligation to maintain the Property in good order and repair. Routine
maintenance or repair does not include alteration, replacement,removal, or major
Form Date: 1/2007 7 Lease No.20-081594
repair of any Improvements on the Property. Subsection 7.4 shall govern removal
of Improvements at end of Lease.
(b) Prior to any placement, construction, alteration, replacement, removal, or major
repair of any Improvements (whether State-Owned or Tenant-Owned), Tenant
shall submit to State plans and specifications that describe the proposed activity.
If State does not notify Tenant of its grant or denial of consent within sixty (60)
days of submittal, State waives the requirement for State's written consent with
regards to Tenant's proposed plans or activity.
(c) Construction shall not commence until Tenant has obtained a performance and
payment bond in an amount equal to one hundred twenty-five percent (125%) of
the estimated cost of construction. The performance and payment bond shall be
maintained until the costs of construction, including all laborers and material
persons,have been paid in full.
(d) Upon completion of construction, Tenant shall promptly provide State with as-
built plans and specifications.
(e) State shall not charge rent for authorized Improvements installed by Tenant
during this Lease, but State may charge rent for such Improvements when and if
the Tenant or successor obtains a subsequent use authorization for the Property
and State has waived the requirement for Improvements to be removed as
provided in Subsection 7.4.
7.4 Disposition and Removal of Tenant-Owned Improvements at End of Lease.
(a) Disposition
(1) Tenant shall remove Tenant-Owned Improvements upon the expiration,
termination, or cancellation of the Lease unless State waives the
requirement for removal.
(2) Tenant-Owned Improvements remaining on the Property on the
expiration, termination or cancellation date shall become State-Owned
Improvements without payment by State, unless State elects otherwise.
State may refuse or waive ownership. If RCW 79.125.300 or 79.130.040
apply at the time this Lease expires, Tenant may be entitled to payment by
the new tenant for Tenant-Owned Improvements.
(3) If Tenant-Owned Improvements remain on the Property after the
expiration,termination, or cancellation date without State's actual or
deemed consent, Tenant-Owned Improvements, State may remove all
Improvements and Tenant shall pay the costs of removal and disposal.
(b) Conditions Under Which State May Waive Removal of Tenant-Owned
Improvements.
(1) State has option to waive removal of any or all Tenant-Owned
Improvements whenever State determines that it is in the best interests of
the State and regardless of whether Tenant re-leases the Property.
(2) If Tenant re-leases the Property, State may waive requirement remove
Tenant-Owned Improvements. State also may consent to Tenant's
continued ownership of Tenant-Owned Improvements.
Form Date: 1/2007 8 Lease No.20-081594
(3) If Tenant does not re-lease the Property, State has option to waive
requirement to remove Tenant-Owned Improvements upon consideration
of a timely request from Tenant, as follows:
(i) Tenant must notify State at least one(1)year before the
Termination Date of its request to leave Tenant-Owned
Improvements.
(ii) State, within ninety (90) days, shall notify Tenant whether State
consents to any or all Tenant-Owned Improvements remaining.
State has no obligation to grant consent.
(iii) State's failure to respond to Tenant's request to leave
Improvements within ninety (90) days shall be deemed a denial of
the request.
(c) Removal.
(1) Tenant shall not remove or demolish Tenant-Owned Improvements
without State's prior written consent.
(2) At least ninety(90) days prior to planned removal and/or demolition,
Tenant shall submit to State plans and specifications that describe the
proposed activity. If regulatory permits are required for removal and/or
demolition of Improvements, Tenant shall submit plans and specifications
at least sixty (60) days before submitting permit applications to the
regulatory agencies unless Tenant and State otherwise agree to coordinate
permit applications.
(3) Within sixty (60) days of receiving Tenant's plans and specifications,
State shall notify Tenant that States grants consent for removal and/or
demolition as proposed. State may impose additional conditions
reasonably intended to protect and preserve the Property. State also may
waive removal of any or all Improvements.
(4) State's failure to respond to Tenant's submittal within sixty(60) days shall
be a waiver of the requirement for State's consent and Tenant may
commence with the proposed activity.
(d) Tenant's Obligations if State Waives Removal.
(1) Tenant shall not remove Improvements if State waives the requirement for
removal of any or all Tenant-Owned Improvements.
(2) Tenant shall maintain such Improvements in accordance with this Lease
until the expiration, termination, or cancellation date. Tenant shall be
liable to State for cost of repair if Tenant causes or allows damage to
Improvements State has designated to remain.
7.5 Disposition of Unauthorized Improvements.
(a) Unauthorized Improvements shall be the property of State, unless State elects
otherwise.
(b) State, at its option, may either:
(1) Consent to Tenant ownership of the Improvements, or
(2) Charge rent for use of the Improvements from the time of installation or
construction and
Form Date. 1/2007 9 Lease No.20-081594
(i) Require Tenant to remove the Improvements, in which case Tenant
shall pay rent for the Improvements until removal,
(ii) Consent to Improvements remaining and Tenant shall pay rent for
the use of the Improvements, or
(iii) Remove Improvements and Tenant shall pay for the cost of
removal and disposal, in which case Tenant shall pay rent for use
of the Improvements until removal and disposal.
7.6 Disposition of Personal Property.
(a) Tenant retains ownership of Personal Property unless Tenant and State agree
otherwise in writing.
(b) Tenant shall remove Personal Property from the Property by the Termination
Date. Tenant shall be liable for any and all damage to the Property and any
Improvements that may result from removal of Personal Property.
(c) State, at its option, may sell or dispose of all Personal Property left on the
Property after the Termination Date.
(1) If State conducts a sale of Personal Property, State shall apply proceeds
first to the State's administrative costs in conducting the sale, second to
payment of amount that then may be due from the Tenant to the State, and
State shall pay the remainder, if any, to the Tenant.
(2) If State disposes of Personal Property, Tenant shall pay for the cost of
removal and disposal.
SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION
8.1 Definitions.
(a) "Hazardous Substance" means any substance that now or in the future becomes
regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection,
contamination, pollution, or cleanup, including, but not limited to, the Resource
Conservation and Recovery Act("RCRA"), 42 U.S.C. 6901 et. seq., as amended;
Comprehensive Environmental Response, Compensation and Liability Act of
1980 ("CERCLA"), 42 U.S.C. 9601 et seq., as amended; Washington's Model
Toxics Control Act ("MTCA"), Chapter 70.105 RCW,as amended; and
Washington's Sediment Management Standards, WAC Chapter 173-204.
(b) "Release or threatened release of Hazardous Substance"means a release or
threatened release as defined under any law described in Paragraph 8.1(a) or any
similar event defined under any such law.
(c) "Utmost care"means such a degree of care as would be exercised by a very
careful,prudent, and competent person under the same or similar circumstances;
the standard of care established under MTCA, RCW 70.105D.040.
8.2 General Conditions.
(a) Tenant's obligations under this Section 8 extend to the area in, on,under, or
above:
Form Date: 1/2007 10 Lease No.20-081594
(1) The Property and
(2) Adjacent state-owned aquatic lands where a release or the presence of
Hazardous Substances arises from Tenant's use of the Property.
(b) Standard of Care.
(1) Tenant shall exercise the utmost care with respect to Hazardous
Substances.
(2) Tenant shall exercise utmost care for the foreseeable acts or omissions of
third parties affecting Hazardous Substances, and the foreseeable
consequences of those acts or omissions, to the extent required to establish
a viable, third-party defense under the law, including—but not limited to--
RCW 70.105D.040.
8.3 Current Conditions and Duty to Investigate.
(a) State makes no representation about the condition of the Property. Hazardous
Substances may exist in, on,under, or above the Property.
(b) This Lease does not impose a duty on State to conduct investigations or supply
information to Tenant about Hazardous Substances.
(c) Tenant is responsible for conducting all appropriate inquiry and gathering
sufficient information concerning the Property and the existence, scope, and
location of any Hazardous Substances on the Property, or adjacent to the Property,
that allows Tenant to meet Tenant's obligations under this Lease.
8.4 Use of Hazardous Substances.
(a) Tenant, its subtenants, contractors, agents, employees, guests, invitees, or
affiliates shall not use, store, generate, process, transport,handle, release, or
dispose of Hazardous Substances, except in accordance with all applicable laws.
(b) Tenant shall not undertake, or allow others to undertake by Tenant's permission,
acquiescence, or failure to act, activities that:
(1) Result in a release or threatened release of Hazardous Substances, or
(2) Cause, contribute to, or exacerbate any contamination exceeding
regulatory cleanup standards whether the regulatory authority requires
cleanup before, during, or after Tenant's occupancy of the Property.
8.5 Management of Contamination.
(a) Tenant shall not undertake activities that:
(1) Damage or interfere with the operation of remedial or restoration
activities;
(2) Result in human or environmental exposure to contaminated sediments;
(3) Result in the mechanical or chemical disturbance of on-site habitat
mitigation.
(b) If requested, Tenant shall allow reasonable access to:
(1) Employees and authorized agents of the Environmental Protection
Agency, the Washington State Department of Ecology, health department,
or other similar environmental agencies; and
Form Date: 1/2007 I I Lease No.20-081594
(2) Potentially liable or responsible parties who are the subject of an order or
consent decree that requires access to the Property. Tenant may negotiate
an access agreement with such parties, but Tenant may not unreasonably
withhold such agreement.
8.6 Notification and Reporting.
(a) Tenant shall immediately notify State if Tenant becomes aware of any of the
following:
(1) A release or threatened release of Hazardous Substances;
(2) Any new discovery of or new information about a problem or liability
related to, or derived from,the presence of any Hazardous Substance;
(3) Any lien or action arising from the foregoing;
(4) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule,regulation, or other law pertaining to Hazardous
Substances;
(5) Any notification from the US Environmental Protection Agency (EPA) or
the Washington State Department of Ecology(DOE)that remediation or
removal of Hazardous Substances is or may be required at the Property.
(b) Tenant's duty to report under Paragraph 8.6(a) extends to the Property, adjacent
state-owned aquatic lands where a release or the presence of Hazardous
Substances could arise from the Tenant's use of the Property, and any other
property used by Tenant in conjunction with Tenant's use of the Property where a
release or the presence of Hazardous Substances on the other property would
affect the Property.
(c) Tenant shall provide State with copies of all documents concerning environmental
issues associated with the Property, and submitted by Tenant to any federal, state
or local authorities. Documents subject to this requirement include, but are not
limited to, applications,reports, studies, or audits for National Pollution
Discharge and Elimination System Permits; Army Corps of Engineers permits;
State Hydraulic Project Approvals (HPA); State Water Quality certification;
Substantial Development permit; and any reporting necessary for the existence,
location, and storage of Hazardous Substances on the Property.
8.7 Indemnification.
(a) "Liabilities" as used in this Subsection 8.7 means any claims, demands,
proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees
and disbursements), penalties, or judgments.
(b) Tenant shall fully indemnify, defend, and hold State harmless from and against
any liabilities that arise out of, or are related to:
(1) The use, storage, generation, processing, transportation, handling, or
disposal of any Hazardous Substance by Tenant, its subtenants,
contractors, agents, invitees, guests, employees, affiliates, licensees, or
permittees regardless of whether the act occurs before, during, or after the
Term of this Lease;
Form Cate: 1/2007 12 Lease No.20-081594
(2) The release or threatened release of any Hazardous Substance, or the
exacerbation of any Hazardous Substance contamination resulting from
any act or omission of Tenant, its subtenants,contractors, agents,
employees, guests, invitees, or affiliates regardless of whether the release,
threatened release, or exacerbation occurs before, during, or after the Term
of this Lease.
(c) Tenant shall fully indemnify, defend, and hold State harmless for any and all
liabilities that arise out of or are in any way related to Tenant's breach of
obligations under Subsection 8.5.
(d) Third Parties.
(1) Tenant has no duty to indemnify State for acts or omissions of third parties
unless Tenant fails to exercise utmost care with respect to the foreseeable
acts or omissions of the third party and the foreseeable consequences of
those acts or omissions to the extent required to establish a viable third-
party defense under the law, including—but not limited to—RCW
70.105D.040. Tenant's third-party indemnification duty arises under the
conditions described in Subparagraph 8.7(d)(2).
(2) If an administrative or legal proceeding arising from a release or
threatened release of Hazardous Substances finds or holds that Tenant
failed to exercise care as described in Subparagraph 8.7(d)(1), Tenant shall
fully indemnify, defend, and hold State harmless from and against any
liabilities arising from the acts or omissions of third parties in relation to
the release or threatened release of Hazardous Substances. This shall
include any liabilities arising before the finding or holding in the
proceeding.
8.8 Reservation of Rights.
(a) For any environmental liabilities not covered by the indemnification provisions of
Subsection 8.7, the parties expressly reserve and do not waive or relinquish any
rights, claims, immunities, causes of action, or defenses relating to the presence,
release, or threatened release of Hazardous Substances that either party may have
against the other under federal, state, or local laws, including, but not limited to,
CERCLA, MTCA, and the common law.
(b) This Lease affects no right, claim, immunity, or defense either party may have
against third parties, and the parties expressly reserve all such rights, claims,
immunities, and defenses.
(c) The provisions under this Section 8 do not benefit, or create rights for,third
parties.
(d) The allocations of risks, liabilities, and responsibilities set forth above do not
release either party from, or affect the liability of either party for, claims or
actions by federal, state, or local regulatory agencies concerning Hazardous
Substances.
Form Date: 1/2007 13 Lease No,20-081594
8.9 Cleanup.
(a) If Tenant's act, omission, or breach of obligation under Subsection 8.4 results in a
release of Hazardous Substances, Tenant shall, at Tenant's sole expense,promptly
take all actions necessary or advisable to clean up the Hazardous Substances in
accordance with applicable law. Cleanup actions shall include, without
limitation, removal, containment, and remedial actions.
(b) Tenant's obligation to undertake a cleanup under Section 8 shall be limited to
those instances where the Hazardous Substances exist in amounts that exceed the
threshold limits of any applicable regulatory cleanup standards.
(c) At the State's discretion, Tenant may undertake a cleanup of the Property
pursuant to the Washington State Department of Ecology's Voluntary Cleanup
Program, provided that Tenant cooperates with State(DNR) in development of
cleanup plans. Tenant shall not proceed with Voluntary Cleanup without State
(DNR) approval of final plans. Nothing in the operation of this provision shall be
construed as an agreement by State (DNR)that the Voluntary Cleanup complies
with any laws or with the provisions of this Lease. Tenant's completion of a
Voluntary Cleanup shall not be a release from or waiver of any obligation for
Hazardous Substances under this Lease.
8.10 Sampling by State,Reimbursement, and Split Samples.
(a) State may conduct sampling, tests, audits, surveys, or investigations("Tests") of
the Property at any time to determine the existence, scope, or effects of Hazardous
Substances.
(b) If such Tests, along with any other information, demonstrate the existence,
release, or threatened release of Hazardous Substances arising out of any action,
inaction, or event described or referred to in Subsection 8.4, above,Tenant shall
promptly reimburse State for all costs associated with such Tests.
(c) State shall not seek reimbursement for any Tests under this Subsection 8.10
unless State provides Tenant written notice of its intent to conduct any Tests at
least thirty(30) calendar days prior to undertaking such Tests, except when such
Tests are in response to an emergency. Tenant shall reimburse State for Tests
performed in response to an emergency if State has provided such notice as is
reasonably practical.
(d) Tenant shall be entitled to obtain split samples of any Test samples obtained by
State, but only if Tenant provides State with written notice requesting such
samples within twenty(20) calendar days of the date Tenant is deemed to have
received notice of State's intent to conduct any non-emergency Tests. Tenant
solely shall bear the additional cost, if any, of split samples. Tenant shall
reimburse State for any additional costs caused by split sampling within thirty
(30) calendar days after State sends Tenant a bill with documentation for such
costs.
(e) Within sixty (60)calendar days of a written request(unless otherwise required
pursuant to Paragraph 8.6(c), above), either party to this Lease shall provide the
other party with validated final data,quality assurance/quality control
information, and chain of custody information, associated with any Tests of the
Form Date: 1/2007 14 Lease No.20-081594
Property performed by or on behalf of State or Tenant. There is no obligation to
provide any analytical summaries or expert opinion work product.
SECTION 9 ASSIGNMENT AND SUBLETTING
9.1 State Consent Required. Tenant shall not sell, convey, mortgage, assign,pledge, sublet,
or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property
without State's prior written consent, which shall not be unreasonably conditioned or withheld.
(a) In determining whether to consent, State may consider, among other items, the
proposed transferee's financial condition, business reputation and experience, the
nature of the proposed transferee's business, the then-current value of the
Property, and such other factors as may reasonably bear upon the suitability of the
transferee as a tenant of the Property. State may refuse its consent to any sale,
conveyance, mortgage,assignment, pledge, sublet, or other transfer or
encumbrance if said transfer will result in a subdivision of the Leasehold. Tenant
shall submit information regarding any proposed transferee to State at least thirty
(30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
(1) changes in the terms and conditions of this Lease, including,but not
limited to,the Annual Rent; and/or
(2) the agreement of Tenant or transferee to conduct Tests for Hazardous
Substances on the Property or on other property owned or occupied by
Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including
the payment of rent. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
(d) State's consent under this Subsection 9.1 does not constitute a waiver of any
claims against Tenant for the violation of any term of this Lease.
9.2 Rent Payments Following Assignment. The acceptance by State of the payment of rent
following an assignment or other transfer shall not constitute consent to any assignment or
transfer.
9.3 Terms of Subleases.
(a) Tenant shall submit the terms of all subleases to State for approval.
(b) All subleases shall meet the following requirements:
(1) The sublease shall be consistent with and subject to all the terms and
conditions of this Lease;
(2) The sublease shall confirm that this Lease shall control if the terms of the
sublease conflict with the terms of this Lease;
(3) The term of the sublease (including any period of time covered by a
renewal option) shall end before the Termination Date of the initial Term
or any renewal term;
Form Date: 1/2007 15 Lease No.20-081594
(4) The sublease shall terminate if this Lease terminates,whether upon
expiration of the Term, failure to exercise an option to renew, cancellation
by State, surrender, or for any other reason;
(5) The subtenant shall receive and acknowledge receipt of a copy of this
Lease;
(6) The sublease shall prohibit the prepayment to Tenant by the subtenant of
more than the annual rent;
(7) The sublease shall identify the rental amount to be paid to Tenant by the
subtenant;
(8) The sublease shall confirm that there is no privity of contract between the
subtenant and State;
(9) The sublease shall require removal of the subtenant's Improvements and
trade fixtures upon termination of the sublease;
(10) The subtenant's permitted use shall be within the Permitted Use
authorized by this Lease; and
(11) The sublease shall require the subtenant to meet all obligations of Tenant
under Section 10, Indemnification, Financial Security Insurance.
9.4 Short-Term Subleases of Moorage Slips. Short-term subleasing of moorage slips for a
term of less than one year does not require State's written consent or approval pursuant to
Subsections 9.1 or 9.3. Tenant shall conform moorage sublease agreements to the sublease
requirements in Subsection 9.3.
SECTION 10 INDEMNITY,FINANCIAL SECURITY, INSURANCE
10.1 Indemnity.
(a) Tenant shall indemnify,defend, and hold State, its employees, officers, and agents
harmless from any and all claims arising out of the use, occupation, or control of
the Property by Tenant, its subtenants, contractors, agents, invitees, guests,
employees, affiliates, licensees, or permittees.
(b) "Claim"as used in this Subsection 10.1 means any financial loss, claim, suit,
action, damages, expenses, fees (including attorneys' fees), penalties, or
judgments attributable to bodily injury, sickness, disease, death, and damages to
tangible property, including, but not limited to, land, aquatic life, and other
natural resources. "Damages to tangible property" includes, but is not limited to,
physical injury to the Property and damages resulting from loss of use of the
Property.
(c) State shall not require Tenant to indemnify, defend, and hold State harmless for
claims that arise solely out of the willful or negligent act of State or State's
elected officials, employees, or agents.
(d) Tenant waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold State and its agencies, officials, agents,or employees
harmless.
Form Date: 112007 16 Lease No.20-081594
(e) Section 8, Environmental Liability/Risk Allocation, exclusively shall govern
Tenant's liability to State for Hazardous Substances and its obligation to
indemnify, defend, and hold State harmless for Hazardous Substances,
10.2 Insurance Terms.
(a) Insurance Required.
(1) Alternative for Self-Insured. Tenant certifies that it is self-insured for all
the liability exposures, its self-insurance plan satisfies all State
requirements, and its self-insurance plan provides coverage equal to that
required in this Subsection 10.2 and by Subsection 10.3, Insurance Types
and Limits. Tenant shall provide to State evidence of its status as a self-
insured entity. Upon request by State, Tenant shall provide a written
description of its financial condition and/or the self-insured funding
mechanism. In any case, Tenant shall provide State with at least thirty
(30) days' written notice prior to any material changes to Tenant's self-
insured funding mechanism,
(2) All insurance should be issued by an insurance company or companies
admitted to do business in the State of Washington and have a rating of A-
or better by the most recently published edition of Best's Reports. State's
risk manager shall review and approve any exception before acceptance by
State. If an insurer is not admitted,the insurance policies and procedures
for issuing the insurance policies shall comply with Chapter 48.15 RCW
and 284-15 WAC.
(3) The State of Washington, the Department of Natural Resources, its elected
and appointed officials, agents, and employees shall be named as an
additional insured on all general liability, excess, umbrella, property,
builder's risk, and pollution legal liability insurance policies.
(4) All insurance provided in compliance with this Lease shall be primary as
to any other insurance or self-insurance programs afforded to or
maintained by State.
(b) Waiver.
(1) Tenant waives all rights against State for recovery of damages to the
extent insurance maintained pursuant to this Lease covers these damages.
(2) Except as prohibited by law, Tenant waives all rights of subrogation
against State for recovery of damages to the extent that they are covered
by insurance maintained pursuant to this lease.
(c) proof of Insurance.
(1) Tenant shall provide State with a certificate(s)of insurance executed by a
duly authorized representative of each insurer, showing compliance with
insurance requirements specified in this Lease and, if requested, copies of
policies to State.
(2) The certificate(s) of insurance shall reference additional insureds and the
Lease number.
Form Date. 112007 17 Lease No.20-081594
(3) Receipt of such certificates or policies by State does not constitute
approval by State of the terms of such policies.
(d) State shall be provided written notice before cancellation or non-renewal of any
insurance required by this Lease, in accordance with the following:
(1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance
Commissioner): If cancellation is due to non-payment of premium, State
shall be given ten (10) days' advance notice of cancellation; otherwise,
State shall be provided forty-five (45) days' advance notice of cancellation
or non-renewal.
(2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to
non-payment of premium, State shall be given ten (10) days' advance
notice of cancellation; otherwise, State shall be provided forty-five (45)
days' advance notice of cancellation or non-renewal.
(e) Adjustments in Insurance Coverage.
(1) State may impose changes in the limits of liability for all types of
insurance as it deems necessary.
(2) New or modified insurance coverage shall be in place within thirty (30)
days after State requires changes in the limits of liability.
(f) If Tenant fails to procure and maintain the insurance described above within
fifteen(15) days after Tenant receives a notice to comply from State, at its option,
State shall either:
(1) Deem the failure an Event of Default under Section 14, or
(2) State shall have the right to procure and maintain comparable substitute
insurance and to pay the premiums. Upon demand, Tenant shall pay to
State the full amount paid by State,together with interest at the rate
provided in Subsection 6.2 from the date of State's notice of the
expenditure until Tenant's repayment.
(g) General Terms.
(1) State does not represent that coverage and limits required under this Lease
will be adequate to protect Tenant.
(2) Coverage and limits shall not limit Tenant's liability for indemnification
and reimbursements granted to State under this Lease.
(3) Any insurance proceeds payable by reason of damage or destruction to
property shall be first used to restore the real property covered by this
Lease, then to pay the cost of the reconstruction, then to pay the State any
sums in arrears, and then to Tenant.
10.3 Insurance Types and Limits.
(a) General Liability Insurance.
(1) Tenant shall maintain commercial general liability insurance (CGL) or
marine general liability(MGL) covering claims for bodily injury,personal
injury, or property damage arising on the Property and/or arising out of
Tenant's use, occupation, or control of the Property and, if necessary,
commercial umbrella insurance with a limit of not less than One Million
Dollars ($1,000,000)per each occurrence. If such CGL or MGL insurance
Form Date: 1/2007 18 Lease No.20-081594
contains aggregate limits, the general aggregate limit shall be at least twice
the "each occurrence" limit. CGL or MGL insurance shall have products-
completed operations aggregate limit of at least two times the "each
occurrence" limit.
(2) CGL insurance shall be written on Insurance Services Office (ISO)
Occurrence Form CG 00 01 (or a substitute form providing equivalent
coverage). All insurance shall cover liability arising out of premises,
operations, independent contractors, products completed operations,
personal injury and advertising injury, and liability assumed under an
insured contract(including the tort liability of another party assumed in a
business contract) and contain separation of insured (cross-liability)
condition.
(3) MGL insurance shall have no exclusions for non-owned watercraft.
(b) Workers' Compensation.
(1) State of Washington Workers' Compensation.
(i) Tenant shall comply with all State of Washington workers'
compensation statutes and regulations. Workers' compensation
coverage shall be provided for all employees of Tenant. Coverage
shall include bodily injury (including death)by accident or disease,
which arises out of or in connection with Tenant's use, occupation,
and control of the Property.
(ii) If Tenant fails to comply with all State of Washington workers'
compensation statutes and regulations and State incurs fines or is
required by law to provide benefits to or obtain coverage for such
employees, Tenant shall indemnify State. Indemnity shall include
all fines; payment of benefits to Tenant, employees, or their heirs
or legal representatives; and the cost of effecting coverage on
behalf of such employees.
(2) Longshore and Harbor Worker's Act. Certain work or services under this
Lease may require insurance coverage for longshore and harbor workers
other than seaman as provided in the Longshore and Harbor Worker's
Compensation Act(33 U.S.C. Section 901 et. seq.). Failure to obtain
coverage in the amount required by law may result in civil and criminal
liabilities. Tenant is fully responsible for ascertaining if such insurance is
required and shall maintain insurance in compliance with this Act. Tenant
is responsible for all civil and criminal liability arising from failure to
maintain such coverage.
(3) Jones Act. Certain work or services under this Lease may require
insurance coverage for seamen injured during employment resulting from
negligence of the owner,master, or fellow crew members as provided in
46 U.S.C. Section 688. Failure to obtain coverage in the amount required
by law may result in civil and criminal liabilities. Tenant is fully
responsible for ascertaining if such insurance is required and shall
maintain insurance in compliance with this Act. Tenant is responsible for
Form Date: 1/2007 19 Lease No.20-081594
all civil and criminal liability arising from failure to maintain such
coverage.
(c) Employer's Liability Insurance. Tenant shall procure employer's liability
insurance, and, if necessary, commercial umbrella liability insurance with limits
not less than One Million Dollars ($1,000,000)each accident for bodily injury by
accident or One Million Dollars ($1,000,000)each employee for bodily injury by
disease.
10.4 Financial Security.
(a) At its own expense, Tenant shall procure and maintain during the Term of this
Lease a corporate security bond or provide other financial security that State, at its
option,may approve ("Security"). The Security shall be in an amount equal to
Zero Dollars ($0.00), which is consistent with RCW 79.105.330, and shall secure
Tenant's performance ofits obligations under this Lease, with the exception of
the obligations under Section 8, Environmental Liability/Risk Allocation.
Tenant's failure to maintain the Security in the required amount in force at all
times during the Term of this Lease shall constitute a breach of this Lease.
(b) All Security shall be in a form acceptable to the State.
(1) Bonds should be issued by companies admitted to do business within the
State of Washington and have a rating of A-, Class VII or better, in the
most recently published edition of Best's Reports. State's risk manager
shall review and approve any exception before acceptance by State.
(2) Letters of credit, if approved by State, shall be irrevocable, allow State to
draw funds at will,provide for automatic renewal, and comply with
RCW 62A.5-101, et. seq.
(3) Savings account assignments, if approved by State, shall allow State to
draw funds at will.
(c) Adjustment in Amount of Security.
(1) State may require an adjustment in the amount of Security-
(i) At the same time as revaluation of the Annual Rent,
(ii) As a condition of approval of assignment or sublease of this Lease,
(iii) Upon a material change in the condition or disposition of any
Improvements, or
(iv) Upon a change in the Permitted Use.
(2) Tenant shall deliver a new or modified form of Security to State within
thirty (30) days after State has required adjustment of the amount of the
Security.
(d) Upon any default by Tenant in its obligations under this Lease, State may collect
on the Security to offset the liability of Tenant to State. Collection on the
Security shall not relieve Tenant of liability, shall not limit any of State's other
remedies, and shall not reinstate or cure the default or prevent termination of the
Lease because of the default.
Form Date: 1/2007 20 Lease No.20-081594
SECTION 11 MAINTENANCE AND REPAIR
11.1 State's Repairs. This Lease does not obligate State to make any alterations,
maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during
the Term.
11,2 Tenant's Repairs,Alteration,Maintenance and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain the Property and all
Improvements (regardless of ownership) in good order and repair, in a clean,
attractive, and safe condition. Tenant's obligations under this Subsection 11.2
shall be in addition to Tenant's obligations under Subsections 2.2 and 3.3 of this
Lease.
(b) Tenant shall, at its sole cost and expense, make any and all additions, repairs,
alterations, maintenance, replacements, or changes to the Property or to any
Improvements on the Property which may be required by any public authority.
(c) Tenant shall make all additions, repairs, alterations,replacements, or changes to
the Property and to any Improvements on the Property in accordance with Section
7, Improvements, above. Section 7 shall govern ownership.
SECTION 12 DAMAGE OR DESTRUCTION
12.1 Notice and Repair.
(a) In the event of any damage to or destruction of the Property or any Improvements,
Tenant shall promptly give written notice to State. Unless otherwise agreed in
writing, Tenant shall promptly reconstruct, repair, or replace the Property and any
Improvements as nearly as possible to its condition immediately prior to the
damage or destruction.
(b) State shall not be deemed to have actual knowledge of the damage or destruction
of the Property or any Improvements without Tenant's written notice.
12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of
the Property unless State provides written notice to Tenant of each claim waived. No claim is
waived unless State waives with specificity.
12.3 Insurance Proceeds. Tenant's duty to reconstruct, repair, or replace any damage or
destruction of the Property or any Improvements on the Property shall not be conditioned upon
the availability of any insurance proceeds to Tenant from which the cost of repairs may be paid.
The parties shall use insurance proceeds in accordance with Subparagraph 10.2(g)(3).
12.4 Rent in the Event of Damage or Destruction. Unless this Lease is terminated by
mutual agreement, there shall be no abatement or reduction in rent during such reconstruction,
repair, and replacement.
12.5 Default at the Time of Damage or Destruction. In the event Tenant is in default under
the terms of this Lease at the time damage or destruction occurs, State may elect to terminate the
Form Date: 1/2007 21 Lease No.20-081594
Lease and State shall then have the right to retain any and all insurance proceeds payable as a
result of the damage or destruction.
SECTION 13 CONDEMNATION
13.1 Definitions.
(a) Taking. The term "taking," as used in this Lease, means that an entity authorized
by law exercises the power of eminent domain, either by judgment or settlement
in lieu of judgment, over all or any portion of the Property and any Improvements.
Taking includes any exercise of eminent domain on any portion of the Property
and Improvements that, in the judgment of the State,prevents or renders
impractical the Permitted Use. A total taking occurs when the entire Property is
taken. A partial taking occurs when the taking does not constitute a total taking as
defined above.
(b) Voluntary Conveyance. The terms "total taking" and"partial taking" shall
include a voluntary conveyance, in lieu of formal court proceedings,to any
agency, authority,public utility,person, or corporate entity empowered to
condemn property.
(c) Date of Taking. The term "date of taking" shall mean the date upon which title to
the Property or a portion of the Property passes to and vests in the condemner or
the effective date of any order for possession if issued prior to the date title vests
in the condemner.
13.2 Effect of Taking. If during the Term there shall be a total taking,the leasehold estate of
Tenant in the Property shall terminate as of the date of taking. If this Lease is terminated, in
whole or in part, all rentals and other charges payable by Tenant to State and attributable to the
Property taken shall be paid by Tenant up to the date of taking. If Tenant has pre-paid rent,
Tenant will be entitled to a refund of the pro rata share of the pre-paid rent attributable to the
period after the date of taking. In the event of a partial taking, there shall be a partial abatement
of rent from the date of taking in a percentage equal to the percentage of Property taken.
13.3 Allocation of Award.
(a) In the event of any condemnation, the award shall be allocated between State and
Tenant based upon the ratio of the fair market value of(1) Tenant's leasehold
estate and Tenant-Owned Improvements on the Property and (2) State's interest in
the Property; the reversionary interest in Tenant-Owned Improvements, if any;
and State-Owned Improvements.
(b) In the event of a partial taking, this ratio will be computed on the basis of the
portion of Property or Improvements taken.
(c) If Tenant and State are unable to agree on the allocation, it shall be submitted to
binding arbitration in accordance with the rules of the American Arbitration
Association.
Form Date: 1/2007 22 Lease No.20-081594
SECTION 14 DEFAULT AND REMEDIES
14.1 Default Defined. Tenant shall be in default of this Lease on the occurrence of any of the
following:
(a) Failure to pay Annual Rent or other expenses when due;
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority;
(c) Failure to comply with any other provision of this Lease;
(d) Proceedings are commenced by or against Tenant under any bankruptcy act or for
the appointment of a trustee or receiver of Tenant's property.
14.2 Tenant's Right to Cure.
(a) A default shall become an event of default("Event of Default") if Tenant fails to
cure the default within the applicable cure period after State provides Tenant with
written notice of default, which specifies the nature of the default.
(b) The cure period shall be sixty (60) days;
(c) State may elect to deem a default by Tenant as an Event of Default if the default
occurs within six (6) months after a default by Tenant for which State has
provided notice and opportunity to cure. This Paragraph 14.2 is effective
regardless of whether the first and subsequent defaults are of the same nature.
14.3 Remedies.
(a) Upon an Event of Default, State may terminate this Lease and remove Tenant by
summary proceedings or otherwise.
(b) Without terminating this Lease, State may also relet the Property on any terms
and conditions as State in its sole discretion may decide are appropriate.
(1) If State elects to relet, rent received by it shall be applied: (1) to the
payment of any indebtedness other than rent due from Tenant to State; (2)
to the payment of any cost of such reletting; (3) to the payment of the cost
of any alterations and repairs to the Property; and (4)to the payment of
rent and leasehold excise tax due and unpaid under this Lease. State shall
hold and apply any balance to Tenant's future rent as it becomes due.
(2) Tenant shall be responsible for any deficiency created by the reletting
during any month and shall pay the deficiency monthly.
(3) At any time after reletting, State may elect to terminate this Lease for the
previous Event of Default.
(c) State's reentry or repossession of the Property under Paragraph 143(b) shall not
be construed as an election to terminate this Lease or cause a forfeiture of rents or
other charges to be paid during the balance of the Term, unless State gives a
written notice of termination to Tenant or termination is decreed by legal
proceedings.
Form Date: 1/2007 23 Lease No.20-081594
SECTION 15 ENTRY BY STATE
State shall have the right to enter the Property at any reasonable hour to inspect for compliance
with the terms of this Lease. State's failure to inspect the Property shall not constitute a waiver
of any rights or remedies under this Lease.
SECTION 16 DISCLAIMER OF QUIET ENJOYMENT
16.1 No Guaranty or Warranty.
(a) State believes that this Lease is consistent with the Public Trust Doctrine and that
none of the third-party interests identified in Paragraph 1.1(b) will materially or
adversely affect Tenant's right of possession and use of the Property,but State
makes no guaranty or warranty to that effect.
(b) State disclaims and Tenant releases State from any claim for breach of any
implied covenant of quiet enjoyment. This disclaimer and release includes, but is
not limited to, interference arising from exercise of rights under the Public Trust
Doctrine; Treaty rights held by Indian Tribes; and the general power and authority
of State and the United States with respect to aquatic lands and navigable waters.
(c) Tenant shall be responsible for determining the extent of its right to possession
and for defending its leasehold interest.
16.2 In the Event of Eviction by Third Party. In the event Tenant is evicted from the
Property by reason of successful assertion of any of the rights of any third party, this Lease shall
terminate as of the date of the eviction. In the event of a partial eviction, Tenant's rent
obligations shall abate as of the date of the partial eviction, in direct proportion to the extent of
the eviction, but in all other respects, this Lease shall remain in full force and effect.
SECTION 17 NOTICE
Any notices required or permitted under this Lease may be personally delivered, delivered by
facsimile machine, or mailed by certified mail, return receipt requested, to the following
addresses or to such other places as the parties may direct in writing from time to time:
State:
DEPARTMENT OF NATURAL RESOURCES
Aquatic Region/Rivers District
PO Box 280
Castle Rock, WA 98611
Tenant:
CITY OF PASCO
PO Box 293
Pasco, WA 99301
Form Date: 1/2007 24 Lease No.20-081594
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3)days after being mailed as set
forth above, whichever is applicable. All notices must identify the lease number to which the
notice pertains. Notices transmitted by facsimile machine shall state the number of pages
contained in the notice, including the transmittal page, if any.
SECTION 18 MISCELLANEOUS
18.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant
represent that Tenant is qualified to do business in the State of Washington, that Tenant has full
right and authority to enter into this Lease, and that each and every person signing on behalf of
Tenant is authorized to do so. Upon State's request,Tenant will provide evidence satisfactory to
State confirming these representations. This Lease is entered into by State pursuant to the
authority granted it in Chapters 79.105 to 79.135 RCW and the Constitution of the State of
Washington.
18.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the
parties, their successors, and assigns.
18.3 Headings. The headings used in this Lease are for convenience only and in no way
define, limit, or extend the scope of this Lease or the intent of any provision.
18.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the
entire agreement of the parties. All prior and contemporaneous agreements, promises,
representations, and statements relating to this transaction or to the Property, if any, are merged
into this Lease.
18.5 Waiver.
(a) The waiver by State of any breach or default of any term, covenant, or condition
of this Lease shall not be deemed a waiver of such term, covenant, or condition;
of any subsequent breach or default of the same; or of any other term, covenant,
or condition of this Lease. State's acceptance of a rental payment shall not be
construed to be a waiver of any preceding or existing breach other than the failure
to pay the particular rental payment that was accepted.
(b) The renewal of the Lease, extension of the Lease,or the issuance of a new lease to
Tenant, shall not constitute waiver of State's ability to pursue any rights or
remedies under the Lease.
18.6 Cumulative Remedies. The rights and remedies of State under this Lease are
cumulative and in addition to all other rights and remedies afforded to State by law or equity or
otherwise.
18.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of
this Lease.
Form Date: 1/2007 25 Lease No.20-081594
18.8 Language. The word"Tenant" as used in this Lease shall be applicable to one or more
persons, as the case may be. The singular shall include the plural, and the neuter shall include
the masculine and feminine. If there is more than one Tenant,their obligations shall be joint and
several. The word "persons,"whenever used, shall include individuals, firms, associations, and
corporations.
18.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it
shall in no way affect,impair, or invalidate any other provision of this Lease.
18.10 Applicable Law and Venue. This Lease shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising
out of or in connection with this Lease shall be in the Superior Court for Thurston County,
Washington.
18.11 Recordation. Tenant shall record this Lease or a memorandum documenting the
existence of this Lease in the county in which the Property is located, at Tenant's sole expense.
The memorandum shall contain, at a minimum, the Property description, the names of the parties
to the Lease, the State's lease number, and the duration of the Lease. Tenant shall provide State
with recording information, including the date of recordation and file number. Tenant shall have
thirty (30) days from the date of delivery of the final executed agreement to comply with the
requirements of this Subsection 18.11. If Tenant fails to record this Lease, State may record it
and Tenant shall pay the costs of recording upon State's demand.
18.12 Modification. Any modification of this Lease must be in writing and signed by the
parties. Oral representations or statements shall not bind either party.
Form Date: 1/2007 26 Lease No.20-081594
18.13 Survival. Any obligations of Tenant which are not fully performed upon termination of
this Lease shall not cease, but shall continue as obligations until fully performed.
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
CITY OF PASCO
Dated: , 20_
By: JOYCE OLSON
Title: Mayor
Address: PO Box 293
Pasco, WA 99301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20
By: SCOTT T. ROBINSON
Title: Assistant Region Manager
Address: PO Box 280
Castle Rock, WA 98611
Standard Aquatic Lands Lease
Approved as to Form on January 19, 2007
By: Janis Snoey
Assistant Attorney General
State of Washington
Form Date: 1/2007 27 Lease No.20-081594
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss
County of Franklin )
I certify that I know or have satisfactory evidence that JOYCE OLSON is the person who
appeared before me, and said person acknowledged that(he/she) signed this instrument, on oath
stated that (he/she) was authorized to execute the instrument and acknowledged it as the Mayor
of City of Pasco to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington,residing at
My appointment expires
Form Date: 1/2007 28 Lease No.20-081594
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
County of Lewis )
I certify that I know or have satisfactory evidence that SCOTT T. ROBINSON is the person who
appeared before me, and said person acknowledged that(he/she) signed this instrument, on oath
stated that (he/she) was authorized to execute the instrument and acknowledged it as the
Assistant Region Manager of the Department of Natural Resources,to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of
Washington,residing at
My appointment expires
Form Date: 1/2007 29 Lease No.20-081594
RECORD SURVEY
DEPARTMENT OF NATURAL RESOURCES SURVEY
BOAT DOCK LEASE SURVEY—CHIAWANA PARK
DNR APPLICATION NUMBER 20-081594
pl� m P1 FTa.2-,/r
��cASE A PORTION OF THE N 1/2, SW 1/4 OF SECTION 20,
i •MIE%NSITED TOWNSHIP 9 NORTH, RANGE 2$ EAST, W.M.
FRANKLIN COUNTY, WASHINGTON
--
CONCRETE
REF N WILL !
lsl
LEGAL DESCRIPTION
CHwANA PARK B0.R COOK LEASE AREA
!
7 REAL PRIM ICY LOCATED W THE SOUFAMT QUARTER OF SECIOH 20,TOWNS P I NORTK
1 RANGE 29 EAST.BILAWETTE LERC AN,FRA ICJN ODUPM.WASHINGTON MORE PMII011A1dY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE 9OUTNEAST COMBER OF 541)SECTION 20 FROM MACH TAIE EAST QUARTER
CORNER OF SAID SECna BANS NO"095'09'EAST.21R.5A FEET:THENCE A Q
3730'20'NEST.AAN M FEET Yo THE TRUE POINT OF BEFAMRMG',
THD4CE NORM W12'AV NEST. 1.511 FEET.TYENGE NORM 7'7'la' EASE, 22 FET
Go, — _ 1 OR RiOS 713 BE CADDKARY41 AI WATER UUE�t DEFT(aNOR1nri4)BANK or
! �'`+f�i1R'ROL THE COLUMBIA R9ER AS R OWED PRIOR TO CONSTRUCTION OF TIE U.E.ARMY COR'S OF
_ J/70�1 M m a TENT RESET El momm ANCNARY TOCH AM ESN PROJECT;THENCE SOUM 7506'20'EAST,28.03 FEET
KONG SAO OIOYMRY HON MTER LINE;THENCE SOUTH 23471 EA TEST.IIN ABET;
L T•r Zd' TENCE SOUTH Br12'42A EAST,42.14 FEET.THENCE SOUTH 23Ar M_MST.]COD FEET TO
THE TRUE POINT OF BEGIIAMG.
mA� Yet $ BEAROKS NO DISTANCES ARE RnA7K TO THE NASNIMM STATE COORDINAIFE SYSTEM NCO
63/m SOUTH ZONE
CONTAINS 3938 SQUI FEET.MORE M LESS.
�r 2
NFGEyzy .► �R
SURVEYOR'S CERTIFICATION
c r ,JOHN A 9M1AVN,A PROFiS9O1K LAM SNMRETOR M THE STARE OF WISHINGITM.
U1�R2TW ONECC SUFEANSION INT IIOSEUMf7t'mw.. ORMML'f Um TIE RaxomENm
LEASE AREA I OF TK 5lFK1'IE12>iHOMG A:T,CFYiPTER 50.LAMS OF 1971 AT TE REQUEST OF AMOIS
SOAR.
AGES \\ , SuRm�''
� � I t A eAALNAM
\ ,b
WADE
\ I.
\
\
21
FAD.2-1/T
81141_1:0 AUDITOR'S CERTIFICATION
M'Am75.64
E 2LIIE7 FLED FOR RECORD MIS!' DAY OFJNl,Mr2f93.t 200077.A.D.A
CONME7E ITHESS MINUTES PAST 121 'T N.AND RECORDED IN VOLUME ✓ RF SIR YM.
POST 1'SOUTH /^8
wTE YBNE4 PAGE y-L[ AT TK REIIU6C M IROGUIS SIM w w-
f1-OB-07 ,,//
NOTES: 0_'
1)BASH CA BEARING m MAD W/96 IiW,BASED M WSHI NGTON CDORDIRM SYSTEW WJTA ZONE. FRb"COUNTY ALIDRDR B*DF➢VUiV'
BASEL ONN TIES TC NGS ODNTROL STATION MCLUDIND DENT RESET.
2)(N}-EEA4Am (R) RECORD
USE (c)-coMPtFTm � 1712 @34
A) RADIAL AAO PWETHOOIES D TA TOPCOM CIS 225 OLO STATION L39ATIRG CLOSED TSAIOC
ANA RAEYNL 4EWATI 1SUINE 5;EO iRWME M DWI.fREQUENCI'CPS REI.ENE7m IIRLmNC STAID AND IN.NF a+H 17li7 M:B
REAL TILE 1pEW7C$LIMY YETiOOS
4)THE CDLAM RAER IN THE 11CNITT OF T IS SNAM1EI 5 MOBN TIRE AEA RAINOATED BY ME REV. A1AVE
CONSTRIXTOM or WMAl"LOCK AND DIY. ME ORDINARY P"-%TER ONES ECSTIC PRIOR TO
CONSTRUCTION OR THE UWRY CAN ARE NOW IINDEA EATER NO NOT SURVEYABLE.7HE OROMAM
HGH-WATER UNES SHORN HEREON MERE OBTAINED FRO.OVERIAW THE WI RESERVOIR REAL CITY OF PASCO zow
ESTATE SEGk*M W NAP.CREATED BY TE~OORM OF ENGINEERS IN 1901.(SHE ET 45 OF W ROGERS
THE CTIOMARY LOW YIATET UNE m NOT DETE7BNUdE ® BURVSYfdC IIA�, PS. MORiCf DNR BOAT DOCK LEASE SURVEY
5)OmTARICES Sh1 IEREIM ARE 6ROLINP.TE MMBNED SURE FACTOR TO PW 6 ONGS EST. 20 TO 0 PD At 40 li6b LOIDYRIt PJ%NIECE
RJCHiAND,rA ae5c COLUMBIA RIVER IN SEC 20, T_ 9N, R.29E., W.Y.
e)THE fl64 1 DOCK IS TO BE REBUILT MOH I THE 15.COMIS OF FIIONEERS OBEFM90NS DF ME P190XE(609)T'93-+r�r
NEW QOCk ARE FTOH COS MIICRONN PLANS FUR161 m TM TE COWS OF ENGIEERS SCALE IN FEET FIR.' (5093 968-Br9! rM.h MA SGIIE i•�'m' F.B.10. 11011[ SHEET 1
ws.nr+arMyN1RNRA 1.B,' TROT
Nl a yE AAIE 11-0!-07 FILE: 29607-M QF
Plan of Operations and Maintenance
Chiawana Park Boat Dock
Agreement#20-081594
Prepared by Administrative and Community Service Department
City of Pasco, Washington
Site Description:
Location of dock: Columbia River,north bank, Franklin County, Section 20, Township 9,North
Range 29E, West Meridian. The project is the replacement of an existing boat dock at Chiawana
Park on Lake Wallula, Columbia River, Pasco,Washington.
The upland property(180 acres) is owned by the U.S. Army Corps of Engineers (COE)
administered by the Walla Walla District. The City of Pasco intends to lease the park from the
COE for a 25 year period and will thus be responsible for the operation and maintenance of the
restrooms, lawn, access roads and parking areas, a paved pedestrian/bike path, and out buildings
including a caretaker residence park and boat dock.
History:
In 1968 the dock and park property was leased by Franklin County from the COE until Franklin
County terminated its lease in December 2005. The original dock facility has been in place for
several years and was installed by Franklin County. In 2007, during the course of negotiations
for the lease between the City of Pasco and Corps of Engineers, damage to the dock was noted.
The COE agreed to replace the dock if the City provided %z of the replacement funding. During
the course of the COE's due diligence in permitting the replacement facility, it was noted that a
portion of the dock was over Washington State lands.
Future Use and Condition:
The use is to remain the same to provide access for public use and recreation. The dock facility
will follow Best Management Practices (BMPs) and is being repaired and upgraded that include
ADA accessibility and light penetration standards to meet fish habitat standards. The park is
open to the public on a seasonal basis,typically from April through October of each year. A boat
launch located at the east end of the park, approximately 1/4 mile from the dock facility, is open
year-round and is not located on State Owned Aquatic Land(SOAL).
Development Plan and Maintenance:
The dock will be inspected monthly by city facilities staff and, if found to be in need of repair,
will be repaired as soon as practical unless public safety were a concern and at that point the
repair would be done immediately or the area would be closed off to the public until such time
the repair is completed. The regulatory authorities have not issued permits to date but it is the
intent that all work windows and conditions set forth will be followed. The dock upgrades will
begin when operational windows allow in late 2007 and should be completed early in 2008;
more specifically December 15, 2007 and completed by February 28, 2008.
BUELLD Page 1 of 2 12/17/2007
Operations:
Chiawana Park and the dock will be operated on a seasonal basis,open to the general public, at
no charge. There is no fueling on the dock, no commercial activity,no waste discharges and no
overnight camping at the facility or the park.
DNR will provide to lessee a supply of"Enjoy your Washington State-Owned Aquatic Lands"
and"Spills Aren't Slick" signs with emergency spill contact information for lessee to post at this
lease site.
Contact Information:
City of Pasco
Facilities Manager
(Currently: Dan Dotta)
Email: dottad(ab)asco-wa.goy
PO Box 293
Pasco WA 99301
(509) 543-5757
Department of Natural Resources
Dave Harsh, Aquatic Land Manager
mailto:dave.harsh@dnr.wa
PO Box 280
Castle Rock WA 98611
(509) 220-3009
BUELLD Page 2 of 2 12/17/2007
AGENDA REPORT NO. 02
FOR: City Council January 9, 2008
TO: Gary Crutchfie i Manager
Robert J. Albe orks Director
FROM: Jess Greenough, Field Divisions Manager Workshop Mtg.: 01/14/08
Regular Mtg.: 01/22/08
SUBJECT: Professional Services Agreement with Quality Coating Inspection
and Consulting Inc.
1. REFERENCE(S):
1. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to approve a Professional Services Agreement with Quality
Coating Inspection and Consulting, Inc. authorizing inspection
services with respect to the Coating of Road 68 Water Tank
Standpipe, Project #08-5-01 not to exceed $20,472.00 and further,
authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On January 7, 2008 the City Council awarded the Coating of the Road 68 Water
Tank Standpipe, Project#08-5-01 to Dunkin & Bush, Inc.
V. DISCUSSION:
A) This project is a specialized project thus requiring specialized inspection services
similar to the recently completed Road 68 Composite Reservoir project. Staff
believes that it would be prudent to utilize the services of Mr. Rudy Shearer,
President of Quality Coating Inspection and Consulting, Inc. which his company
was the subconsultant that provided the inspection services for the Road 68
Reservoir project. Mr. Shearer is familiar with the products and is knowledgeable
of the city site location and specifications, therefore staff feels that the city should
utilize Mr. Shearers knowledge and experience.
Staff recommends approval the Professional Services Agreement with Quality
Coating Inspection and Consulting Inc.
3(d)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Quality Coating Inspection and Consulting Inc. hereinafter referred
to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide inspection services with respect to the Coating of the Road 68 Water
Tank Standpipe,Project#08-5-01.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scone of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with Exhibit A.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a Lump Sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event
shall the payment for all work performed pursuant to this Agreement exceed the sum of
$20,472.00.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
3. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and all work shall be completed by March 31, 2008.
4. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
Quality Coating Inspection and Consulting Inc. Page 1 of 3
Coating of Road 68 Water Tank Standpipe
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
causee by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
5. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
6. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
7. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
8. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
9. inteeration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
10. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
11. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
12. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
Quality Coating Inspection and Consulting Inc. Page 2 of 3
Coating of Road 68 Water Tank Standpipe
13. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs.
14. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco, WA 99301
Notices to the Consultant shall be sent to the following address:
Rudy Shearer
Quality Coatings Inspection and Consulting Inc.
22353 Glenn Road
Mount Vernon, WA 98273
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF , 20
CITY OF PASCO CONSULTANT:
By: By:
Joyce Olson, Mayor Rudy Shearer,President
Quality Coatings Inspection and Consulting,Inc.
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr,City Attorney
Quality Coating Inspection and Consulting Inc. Page 3 of 3
Coating of Road 68 Water Tank Standpipe
EXHIBIT A
I .X-;"
, '- _� � Quality Coating Inspection and Consulting Inc.
-- -=-' _ 22353 Glenn Road
Mount Vernon, WA 98273
_
Phone: 360-202-1395
C_ Email:rudyAguaIi eoatings inspection.corn
so- Web site address:blip://www.gualiiycoatingsinspection.com/
Date: 12-19-07
Submittal / Proposal
Client: City of Pasco WA.
Client Contact: Jess Greenough
Project: Road 68 Stand Pipe
Location: Road 68, Pasco WA.
Scope: Coatings Inspection, tank interior
This proposal is based on full time, on site inspection during these
phases of this project.
It should be considered an estimate based on these current rates and
schedules. The cost to the Client will not exceed these totals without
their Representative's written approval.
On site inspection during the surface preparations and coatings
application.
Surface Preparations: During the surface preparation (cleaning and
sand blasting) this includes the monitoring and recording the
atmospheric conditions (relative humidity, dew point and surface
temperature), degree of blast, surface cleanliness and surface profile.
Coatings: during the mixing and application, we will be monitoring
and recording the coating storage and handling, mixing, thinning and
application. This will include the recording of the information of
thinner type, batch numbers and percentage added and the coatings
batch numbers as well as any recommended induction times for the
coatings.
Testes QCIC will perform all tests as described in the project
specifications in accordance with the outlines of the specifications and
NACE and SSPC standards.
In performing these services, we assure that the guidelines of the
project specifications as well as the Coatings Manufacturer are
followed and adhered to. In the event that the Coatings Contractor
deviates or varies from the specifications or guidelines, the Client is
notified immediately.
All information is recorded on professional forms and delivered
electronically to the client on a daily basis
QCIC provides all necessary inspection tools with current
certifications to perform these inspections.
Based on the six weeks of allotted time for the recoat of this tank, the
following is an estimate of the inspection schedule and costs;
On site inspection per week: 40 Hours = 240 hours @ $76.00= $99600.00
Travel hours per week: 12 Hours = 72 hours @ $76.00= $5,472.00
Travel miles per week: 600 = 3,600 miles@ $.50 = $1,800.00
Days per diem per week: 5 days = 30 days @ 120.00 per day = $3,600.00
Grand Total: $20,472.00
Rudy Shearer
----
President;
Quality Coatings Inspection and Consulting Inc.
AGENDA REPORT
FOR: City Council January 9, 2008
TO: Gary Crutchfi Manager
Workshop Mtg.: 01/14/08
FROM Mitch Nickold , Inspection Services Manager Regular Mtg.: 01/22/08
SUBJECT: Professional Services Agreement with SAFEBuilt Washington
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to approve the professional services agreement with
SAFEBuilt Washington, Inc., for certain construction, plan review
and inspection services and, further, authorize the Mayor to sign
the agreement.
III. FISCAL IMPACT:
The contract requires payment of 45% of fees collected from construction permits,
$33.20 per hour for building code enforcement and inspections, plan reviews and permit
related tasks and .50 per mile for travel costs. All costs for contract building inspection
and permit services rendered are offset with funds the City collects for construction
permit and building plan reviews from permit applicants.
IV. HISTORY AND FACTS BRIEF:
A) The City has maintained a contract for professional building inspection and plan
review services with The Building Department, Inc. since 1996.
B) The Building Department Incorporated has been sold to SAFEBuilt Washington,
Inc.
V. DISCUSSION:
A) This is primarily a change in the name of the contractor only. There will be no
changes in the staff we are currently provided under our existing contract and we
have continually received excellent service from that staff.
B) Staff have reviewed the proposed contract for SAFEBuilt Washington, Inc. and
find that, with the exception of an increase in the mileage rate (from $.48 to $.50
per mile) there are no material changes to services or fees contained therein.
3(e)
CONTRACT FOR SERVICES
BETWEEN
CITY OF PASCO,WASHINGTON
and
SAFEBUILT WASHINGTON,INC.
THIS CONTRACT is entered into this day of , 2008, by and between
the CITY OF PASCO, WASHINGTON (hereinafter "the City") and SAFEBUILT
WASHINGTON, INC., a Washington Corporation (hereinafter "SAFEBUILT").
WHEREAS, the City intends to regulate the process for construction and improvements
within its boundaries to ensure compliance with its comprehensive plan and with its pertinent
ordinances,laws, and regulations and to assure the overall operation of said enforcement; and
WHEREAS, SAFEBUILT possesses knowledgeable and experienced persons familiar
with the building permitting process, building codes, abatement procedures, and other such
related activities ordinarily performed by a jurisdiction's building and code enforcement
departments; and
WHEREAS, the City wishes to assure itself of the availability of such qualified experts
to assist in the administration of the City's building and code enforcement activities and
SAFEBUILT is willing to provide such expertise to assist the City in this regard;
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. SAFEBUILT accepts the relationship of trust and confidence established between
it and the City by this Contract. SAFEBUILT covenants with the City to furnish its best skill and
judgment and to cooperate with the City in furthering the interests of the City. It agrees to furnish
efficient business administration and superintendence and to use its best efforts to complete the
review and administration of the building permit application process and administration of the
City's laws, ordinances, and regulations relating to the building and code enforcement processes
in an expeditious and economical manner consistent with the interests of the City.
2. The City agrees to provide staff needed for the initial permit intake and the final
issuance of permits at some pre determined location in the city.
3. The City has the option of exercising any or none of the provisions set forth
below at its discretion.
4. The City agrees to forward the initial applications, plans and specifications to
SAFEBUILT by fax and/or mail.
5. SAFEBUILT agrees to provide an ICC/ICBO certified building inspectors on
Monday through Fridays of each week, as needed, to conduct inspections for Washington State
Building Code compliance of building permits covered under this agreement. Inspectors will not
be provided on holidays recognized by the City.
b. SAFEBUILT agrees to act as consultant to the City's officials in matters
concerning the operation of the City's building and code enforcement activities when requested
by the City. Such activities may include, but are not necessarily limited to,
_review of building plans
_building inspections
_abatement of dangerous buildings
_code enforcement
_drafting of ordinances
Activities may also include working with the City's attorney in enforcing and
prosecuting individuals charged with violation of the building codes and related regulations
adopted by the City.
7. SAFEBUILT shall be compensated by the City for services as follows:
(a) For consulting to the City for matters not covered under Subparagraphs (b)
and (c) below, SAFEBUILT shall receive the sum of Thirty-three dollars twenty
cents ($33.20)per hour.
(b) For performing plan reviews for commercial and industrial projects
SAFEBUILT shall receive forty-five percent (45%) of the construction permit fee
for each project reviewed. For such projects, SAFEBUILT's portion of the permit
fees shall be paid on a regular payment schedule to be agreed upon between the
parties on a project-by-project basis.
(c) For calculating valuations and finalizing building permit applications and
IBC inspections for projects, SAFEBUILT shall receive Thirty-three dollars
twenty cents ($33.20) per hour plus fifty cents (.50) a mile for each mile travel
while performing work for the city.
(d) Project valuations shall be calculated pursuant to The City of Pasco's
Building Valuation Data. When this method is not practical, valuations will be
established by SAFEBUILT pursuant to industry standard practices. The City of
Pasco reserves the right to adjust the valuations on specific projects when needed
to address special construction circumstances.
8. SAFEBUILT shall provide the City with a monthly invoice which contains true
and accurate references for each service performed and all time billed including, but not limited
to, the name of each plan examiner or inspector, dates and hours worked and mileage accrued
performing their duties.
9. The City shall pay SAFEBUILT's invoices with-in thirty day of receipt of
SAFEBUILT's billing.
SAFEBUILT Agreement
Page 2 of 4
10. SAFEBUILT will carry errors and omissions insurance coverage in the minimum
amount of $1 million, as well as liability insurance. SAFEBUILT will name the City as
additional insured on the liability policy.
IL This contract may be terminated by either party by giving thirty (30) days' written
notice to the other party. If this contract is terminated, SAFEBUILT's final invoice shall be paid
on the regular scheduled payment date.
12. It is understood and agreed that SAFEBUILT is an independent contractor and is
not employed by the City and SAFEBUILT shall make no claims for benefits for employment
against the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits.
13. The term of this Contract shall be for a period of one (1) year commencing this
day of , 2008, and shall automatically renew each year absent notice of
one party to the other of intent to cancel pursuant to Paragraph 13.
14. Any notice required to be given under this Contract shall be given by certified
mail addressed as follows:
To the City: Director of Community &Economic Development
525 North 3rd Avenue
Pasco, Washington 99301
To SAFEBUILT: 2123 Robertson Drive
Richland, Washington 99354
15. This Contract is made and entered into the State of Washington and shall be
governed by and construed and enforced in accordance with the substantive laws of the State of
Washington. Should any dispute arise concerning the breach, enforcement, or interpretation of
this Contract, venue shall be placed in Franklin County, Washington, and the prevailing parties
shall be entitled to its reasonable attorney fees and costs and additional judgment against the
other party.
16. Time is of the essence of this Contract, and there are no other agreements between
the parties, either oral or in writing, concerning the subject matter herein.
17. SAFEBUILT shall indemnify the City and its officers, employees and/or agents
and hold them harmless from and against any and all claims, suits, and/or actions, loss or
damages resulting form or arising out of the services provided under this Agreement, or from
negligent acts or intentional acts or omissions of SAFEBUILT.
SAFEBUILT Agreement
Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this Instrument to be executed by
their duly authorized representatives the day and year first above written.
CITY OF PASCO, WASHINGTON SAFEBUILT WASHINGTON, INC.
Joyce Olson Richard R. Mumma Jr.
Mayor Vice President
APPROVED AS TO FORM:
Lee Kerr
SAFEBUILT Agreement
Page 4 of 4
AGENDA REPORT
FOR: City Council January 2, 2008
TO: Gary Crutchfi anager Workshop Mtg.: 1/14/08
FROM: Gregory L. Ga cia, Fire Chief Regular Mtg.: 1/22/08
SUBJECT: Fire Department Emergency Response Time Report
1. REFERENCE(S):
1. Fire Department Emergency Response Report, 2007
2. Copy of the Pasco Fire Department Response Standards
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/14 Discussion
1/22 MOTION: I move to accept and approve the 2007 Fire Department Emergency
Response Time Report.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) House Bill 1756 approved by the legislature in 2005, requires that every fire
jurisdiction evaluate its level of service and deployment delivery and response time on
an annual basis. The evaluations required by the law shall be based on the data
relating to level of service, deployment, and the achievement of each response time
objective in each geographic area within the fire department's jurisdiction.
B) Turnout time is the time Dispatch alerts the firefighters of an incident and the
responding unit advises dispatch that they are responding.
C) Response time is travel time from the emergency vehicle's location to the incident.
V. DISCUSSION:
A) The report shows that the overall average response time for fire suppression is 5
minutes 20 seconds up 7 seconds from 2007 but well under the 6-minute standard set
in Resolution 2938.
B) The Emergency Medical Services (ambulance) response average time is 3 minutes 45
seconds for the paramedic ambulance to arrive at the scene of a medical response. The
time is up 40 seconds from 2007 but still almost half of the 6-minutes allotted tinder
Resolution 2938.
C) The response time for the Aircraft Rescue and Firefighting (ARFF) vehicle to arrive at
its stand-by position on the airport is 1 minute 30 seconds. The FAA required
response time is 3 minutes.
D) The report reflects that the fire department is meeting the response criteria (as set in
Resolution 2938) 98.1% of the time even with the increased traffic in the City.
E) Staff recommends that the City Council accept and approve the report pursuant to state
law and City Resolution 2938.
3(f)
2007 RESULTS
Response Number Adopted Actual Percent Adopted Actual Percent Adopted Actual
Type of Turnouts i Performance Meeting 1s` Performance Meeting I"Full Standard
Responses Standard (Minutes) Standard Arrival (Minutes) Standard Arrival Performance
(Minutes) Response Response (Minutes)
(Minutes) (Minutes)
Emergency
Medical 2485 0 N/A NIA 6:00 3:45 100% 6:00 4:09
Fire
Suppression 395 2:00 1:51 100% 6:00 5:20 98.1% 12:00 7:00
Response
Wildland
41 NIA NIA NIA 6:00 6:00 10011/0 NIA NIA
Hazardous
Material 47 2:00 1:51 100% 6:00 5:32 100% N/A NIA
ARFF
7 NIA NIA N/A 3:00 1:45 100% NIA N/A
Technical
Rescue 0 2:00 NIA NIA 6:00 NIA N/A NIA N/A
Total
Responses 2975
PASCO FIRE DEPARTMENT
RESPONSE STANDARDS
r. Mission Statement
The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescue, hazardous
materials and medical emergencies with compassion, integrity, and respect for the people we
serve. To be the premier provider of public safety services, utilizing our people as the critical
resource to accomplish our goals.
If. Adopted Standards
A. Response time to don safety equipment and response to the incident.
Turnout Time Standard:
The Pasco Fire Department has adopted a turn out time standard of 2 minutes,
which the department should meet 85 % of the time. All firefighting safety
equipment must be donned before the _vehicle can leave the station for a fire
response.
A. Response time for the arrival of the first arriving engine company as a fire suppression
incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of the first engine company to a fire suppression incident,
which the department should meet 90 % of the time.
1. This equates to the travel time to the incident by the first arriving engine
company.
B. Response time for the deployment of a full first alarm assignment at a fire suppression
incident.
Response Time Standard for Full_Vt Alarm Response:
The Pasco Fire Department has adopted a response/travel time standard of 12
minutes for the arrival of the full complement of a I" alarm response to a fire
suppression incident, which the department should meet 85% of the time. Further,
the Pasco Fire Department has adopted a .I" alarm response of 11 firefighters and
or 2 engine companies (if applicable), 2 aid units, 1 ladder truck and 1 Command
Officer(if applicable).
1. This equates to the travel time to the incident for the frill complement of the first
alarm assignment to a fire suppression incident.
1
C. Response time for the arrival of the first arriving unit with a first responder or higher
level capability at an emergency medical incident.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard time of 6
minutes/seconds for the arrival of the first emergency medical unit with
appropriately trained personnel on board to an emergency medical incident, which
the department should meet 90% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car or other emergency medical unit with appropriately trained
personnel on board (i.e. I" responder, emergency medical technicians,
paramedics, etc.).
D. Response time for the arrival of an advanced life support unit to an emergency medical
incident, where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of an advanced life support unit with appropriately trained
personnel (paramedics) on board to an ALS emergency medical incident, which the
department should meet 90% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car or other emergency medical unit with trained paramedics on
board.
E. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Hazardous Materials Level "A" Technicians on board at a hazardous materials
incident,where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of the first unit with appropriately trained Hazardous
Materials Technicians on board to a hazardous materials incident, which the
department should meet 90 % of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other special operations unit with appropriately trained and
equipped personnel on board (Hazardous Materials Technicians).
2
F. Response time for the arrival of the first arriving; apparatus with appropriately trained and
equipped Technical Rescue Technicians on board at the technical rescue incident, where
this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 6
minutes for the arrival of the first unit with appropriately trained and equipped
Personnel on board to a technical rescue incident, which the department should
meet 85% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other special operations unit with appropriately trained and
equipped personnel in board.
G. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident,
where this service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/travel time standard of 3
minutes for the arrival of the first unit with appropriately trained and equipped
Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which
the department should meet 100% of the time.
1. This equates to the travel time to the incident by the first arriving engine
company, aid car, or other aircraft rescue unit with appropriately trained and
equipped personnel on board (Aircraft Rescue and Firefighting trained personnel).
2. The response time is set by the Federal Aviation Administration through 14 CFR
Parts 121 and 139.
H. Response time for the arrival of the first arriving apparatus with appropriately trained and
equipped Wild land Firefighting personnel on board at a wild fire incident, where this
service is provided by the fire department.
Response Time Standard:
The Pasco Fire Department has adopted a response/ travel time standard of 6
minutes for the arrival of the first unit with appropriately trained and equipped
Wild grand Firefighting personnel on board to a wild land fire incident, which the
department should meet 85% of the time.
1. "this equates to the travel time to the incident by the first arriving engine company
or other wild land firefighting unit with appropriately trained and equipped
personnel on board (Wild Land Firefighters with appropriate certifications).
3
AGENDA REPORT NO. 1
FOR: City Council January 7, 2007
TO: Gary Crutchfield, City Manager Workshop Mtg.: 1/14/08
Regular Mtg.: 1/22/08
FROM: David I. McDonald, City Planner
Community& Economic Development
SUBJECT: Deed for Future Street Right-of-Way (MF #INF08-002)
1. REFERENCE(S):
A. Vicinity Map
B. Deeds for Power Line Road Right-of-Way (Council packets only; copy available in
the Planning Office, the Pasco Library or on the city's website at www.pasco-
wa.gov for public review.)
C. Resolution Accepting Deeds
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/14 DISCUSSION
1/22 MOTION: I move to approve Resolution No.,5DP1rr
, accepting certain deeds
for street right-of-way along the north side of Heritage Village.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. The Bonneville Power Administration has a 50 foot utility easement along the
north edge of the city from Road 68 west to about Road 92. The use of this utility
easement has been the subject of a lengthy court case. As a result of legal action
on the part of the city an agreement was reached last year on the use of the
easement. The agreement affords property owners impacted by the easement an
additional 10 feet of useable backyard space. Essentially the agreement reduced
the easement from 25 feet to 15 feet across the back portion of residential lots.
The balance of the easement is now permitted to be used for a city street right-of-
way.
B. Since the agreement was reached, staff has been meeting with property owners
impacted by the BPA easement to explain the agreement. While the BPA
agreement lessens the impact of the easement on properties, it still leaves the
problems associated with the 15 feet that will be located between yard fences and
the power poles. For a variety of reasons (nuisance abatement, fire hazards, and
community appearance) the easement area north of the agreed fence line lends
itself well for inclusion as street right-of-way. To that end staff has been
encouraging property owners to dedicate that area for future right-of-way uses.
C. The attached deeds provide the right-of-way for three lots in Heritage Village.
V. DISCUSSION:
3(g)
Exhibit
Item: Right-of-Way Dedication
i� rr N
File #. INFO 08-002
Awa .
�„—�„t _ ,• .s+ca_:�� a. ..,p,, .:i, r _''* _ -°-� - ,.tea
R-fl-W Dedications: - `
Yt
k
. Y Y
T
Y 4
t /.
After Recording, Return To;
City of Pasco, Washington
Attn: City Planner
525 North Yd
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR(S), F Siva ek, Tkt e ,by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 28 of Heritage Village, Phase 3 according to the
Plat thereof recorded in Volume D of Plats Page 282, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 28, Heritage Village Phase 3; Thence South
00 degrees 20 minutes 05 seconds East for a distance of 14.14 feet;
Thence South 89 degrees 41 minutes 33 seconds West for a distance
of 76.92 feet; Thence North 00 degrees 20 minutes 05 seconds West
for a distance of 14.10 feet; Thence North 89 degrees 39 minutes 55
seconds East for a distance of 76.92 feet to the True Point of
Beginning.
THE -GRANTEE shall defend, indemnify and hold the GRANTOR
harmless from any and all claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use,improvement and
maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S
own negligent or intentional acts.
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
Dedication peed- 1
landscaping.
DATED this day of er_,eot,hl rr2007.
GRANTOR(S) GRANTEE
Owner(s) City of Pasco, Washington
Joyce Olson, Mayor
STATE OF WASHINGTON )
ss.
County of Franklin }
On this_L�&day of &FCe.&jAEo ,2007, before me,the undersigned,duly
commissioned and sworn,personally appeared AldriAry I Adje 11 to me known to be
individual(s) described above and who executed tl ithin and foregoing instrument as
owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
QIIF,N u by hand and official seal this qrX day of
JAN I�AVELLE
NOTARY PUBLIC
STATE OF IDAHO JP it Name: 7,#a4�' e,5,¢vg4�.E
MY COMMISSION EXPIRES
6-13-09 NOTARY PUBLIC in and for the State of_w ftshitrg*n rDA"
Residing at: O&TRAAUP"
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington,described in and who executed the within and forgoing instrument,and
acknowledged that she signed the same as her free and voluntary act and deed for the uses and
purposes therein mentioned ....... ..._ _ .. ....
GIVEN under by hand and official seal this day of ,
2007.
Print Name: _
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3"
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR(S), rq�f 4e . -j-pl& , , by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 11 of Heritage Village, Phase 4 according to the
Plat thereof recorded in Volume D of Plats Page 283, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 1.1, Heritage Village Phase 4; Thence South
00 degrees 20 minutes 05 seconds East for a distance of 13.90 feet;
Thence South 89 degrees 39 minutes 22 seconds West for a distance
of 23.69 feet; Thence South 89 degrees 35 minutes 57 seconds West
for a distance of 53.21 feet; Thence North 00 degrees 20 minutes 05
seconds West for a distance of 13.96 feet; Thence North 89 degrees
39 minutes 55 seconds East for a distance of 76.92 feet to the True
Point of Beginning.
THE GRANTEE shall defend, indemnify and hold the GRANTOR
harmless from any and all claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use,improvement and
maintenance of the dedicated right-of--way except to the extent of the GRANTOR'S
own negligent or intentional acts.
Dedication Deed- I
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
landscaping. q n
DATED this day of Ore em A r, 2007.
GRANTOR(S) GRANTEE
Owner(s) City of Pasco, Washington
0-;� TtjC r
Joyce Olson, Mayor
STA1 E OF WASHINGTON )
ss.
County of Franklin )
On this fit!+ day of�Ll-�,f:eEnWE,e ,2007, before me,the undersigned,duly
commissioned and sworn,personally appeared-"E� ,rJ�Ito me known to be
individual(s) described above and who executed the within and foregoing instrument as
owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this lyres day of � ,
'JAMRIMEM
NOTARY PUBLIC
STATE OF IDAHO P rt Name:�7'�i7B��iQrE�.L.F-
6-13-09
MY COMMISSION EXPIRES NOTARY PUBLIC in and for the State of*4*� r&4 NO
Residing at:
My Commission Expires: 11-1/ag
STATE OF WASHINGTON )
. ss.
County of Franklin }
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington,described in and who executed the within and forgoing instrument,and
acknowledged that-she signed-the same as her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under by hand and official seal this day of ,
2007.
Print Name: _
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3"
Pasco, WA 99301
DEDICATION DEED
THE GRANTOR'S), C'k Toed _, by donation pursuant to
RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE
CITY OF PASCO, a Municipal Corporation of the State of Washington, for the
public use, as a public right-of-way, all interest in the land described as follows:
That portion of Lot 7 of Heritage Village, phase 4 according to the
Plat thereof recorded in Volume D of Plats Page 283, records of
Franklin County, Washington, described as follows:
Beginning at the True Point of Beginning, said point being the
Northeast corner of Lot 7,Heritage Village Phase 4;Thence South 00
degrees 20 minutes 05 seconds East for a distance of 13.85 feet;
Thence South 89 degrees 40 minutes 03 seconds West for a distance
of 1.13 feet; Thence South 89 degrees 39 minutes 22 seconds West
for a distance of 70.79 feet; Thence North 00 degrees 20 minutes 05
seconds West for a distance of 13.86 feet; Thence North 89 degrees
39 minutes 55 seconds East for a distance of 71.92 feet to the True
Point of Beginning.
THE GRANTEE shall defend, indemnify and hold the GRANTOR
harmless from any and all claims of whatever nature or kind, arising out of or
resulting from any act or failure to act in connection with the use,improvement and
maintenance of the dedicated right-of-way except to the extent of the GRANTOR'S
own negligent or intentional acts.
Dedication Deed- 1
GRANTEE shall provide ongoing maintenance and repair of the right-of-
way, including keeping improvements thereon in good repair and maintain the
landscaping. 14 /
DATED this day of e'c e.4 ,2007.
GRANTOR(S) GRANTEE
Owner(s) City of Pasco, Washington
1 Joyce Olson, Mayor
STA OF WASHINGTON )
ss.
County of Franklin )
On this / I�Tf day of �EC ,��-� 2007, before me,the undersigned,duly
commissioned and sworn,personally appeared,#,pr,,E v '.L 51rit to me known to be
individual(s) described above and who executed the within and fo er going instrument as
owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the said instrument.
r e by hand and official seal this L yrNday of b,��+,�hj d&,f ,
M1,
ANMORAVEL.LE
NOTARY PUBLIC
STATE OF IDAHO pr' ame: �,ryr,,gF��' �v6LLE
MY COMMISSION EXPIRES
6-13.Q9 N TARP PUBLIC in and for the State of Wash XSA no
Residing at: 4rµ1,0C A,1m
My Commission Expires: e.If /,*9
T
STATE OF WASHINGTON )
: ss.
County of Franklin }
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington, described in and who executed the within and forgoing instrument,and
- acknowledged that she-signed the same as her free and voluntary act and deed forthe uses and -
purposes therein mentioned.
GIVEN under by hand and official seal this day of ,
2007.
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
Dedication Deed-2
RESOLUTION NO._���?
A RESOLUTION ACCEPTING DEDICATION DEEDS FOR PUBLIC
RIGHT-OF-WAY FOR A FUTURE STREET ADJACENT THE NORTH LINE OF
THE HERITAGE VILLAGE SUBDIVISION.
WHEREAS, the Bonneville Power Administration (BPA) has a 50 foot utility easement along
the north edge of the city from Road 68 to approximately Road 92; and,
WHEREAS, said BPA utility easement is located partially on lots within the Columbia Place,the
Heritage Village and the Coles Estates subdivisions and partially on city street right-of-way; and,
WHEREAS,the BPA exerted strict control over the use of said utility easement such that the city
was precluded from using its right-of-way for street purposes and private property owner use of the
easement was severely curtailed; and,
WHEREAS, as the result of city-initiated court action an agreement has been reached between
the city, BPA and the PUD over the use of said BPA utility easement; and,
WHEREAS, the settlement agreement affords property owners greater use of their property
encumbered by the BPA easement; and,
WHEREAS, a portion of private property encumbered by the BPA easement will largely be
unusable for private property purposes; and,
WHEREAS, certain owners of property encumbered by the BPA easement have freely signed
deeds dedicating a portion of their lots for future street right-of-way; and,
WHEREAS, the City Council of the City of Pasco has reviewed the dedication deeds and has
determined that acceptance of' such would be in the best interest of the community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO,DOES RESOLVE AS FOLLOWS:
A) That the City hereby accepts Dedication Deeds for right-of-way purposes from the owners
of Tax Parcel Numbers 115-370-161, 115-370-153, and 116-050-171.
B) That copies of the Dedication Deeds are attached hereto as exhibits to this Resolution.
C) That the terms and conditions of acceptance of said Dedication Deeds are as set forth in the
deeds.
PASSED by the City Council of the City of Pasco this 22nd day of January,2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
TO: City Council January 17, 2008
FROM: Gary Crutchfi 'Manager Regular Mtg.: 1/22/08
SUBJECT: City Council presentation on Boards and Committees
I. REFERENCE(S):
1. Resolution
2. Proposed list of Board and Committee Assignments for 2008-2009
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/22 MOTION: l move to approve Resolution No. , confirming Mayoral
appointments to various Boards and Committees.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) City Council representation is required on a number of municipal and regional
boards and committees. The practice of the City Council has been to make
Council appointments to the various boards and committees on a biennial basis;
thus, appointments generally are for a two-year period. Changes to these
appointments, if necessary, can be made at any time by action of the Mayor and
City Council.
8(a)
RESOLUTION NO,
A RESOLUTION confirming Mayoral appointments of Councilmembers
to various Boards and Committees.
WHEREAS, various boards and committees, serving both regional and local purposes,
require representation by the Pasco City Council; and
WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members
to advisory committees subject to confirmation of the City Council; and
WHEREAS, Mayor Olson, after consultation with Councilmembers, has declared
appointments to the respective boards and committees reflected in the list attached hereto; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1: The Pasco City Council hereby confirms the appointments to the respective
boards and committees reflected in the list attached hereto, until otherwise modified by action of
the Mayor and City Council.
Passed by the City Council of the City of Pasco this 22nd day of January 2008.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
BOARD AND COMMITTEE ASSIGNMENTS
AGENDA REPORT NO. 3
FOR: City Council January 7, 2008
TO: Gary Crutchfi Manager Workshop Mtg.: 01/14/08
Robert J. Alb u is Works Director Regular Mtg.: 01/22/08
FROM: Michael McSh ne, City Engineer
SUBJECT: Waiver of Utility Service Requirement—Helena Chemical--1010 E. Kartchner St.
1. REFERENCE(S):
1. Vicinity Map
2. Petition for Utility Service Waiver
3. PMC 16.06
I I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
01/14: Discussion
01/22: MOTION: I move to deny the sewer utility waiver as requested by
Helena Chemical Co., Inc.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has requested a sewer waiver in order to use an existing
septic tank system for their business. P.M.C. 16.06 requires connection to
the utility system when a building permit is issued unless such
requirement is waived by action of the City Council.
B. The City's sewer system as shown on the vicinity map is within 200 feet
of the property. The extension of the sewer system to service the property
would not be difficult and would be consistent with past practices. A
waiver would go against the overall goal of providing sewer service in this
area.
V. DISCUSSION:
Any determination or decision by the City Council to waive utility requirements
is to be based upon the waiver criteria provided in P.M.C. 16.06.040 as follows:
(1) Special circumstances applicable to the property in question or the
intended use that do not generally apply to other properties or classes of
uses in the same vicinity or zoning classification.
The city sewer system is currently located near the property, less than 200
feet from the northeast corner (at the intersection of Jason and Kartchner).
The subject property is required to extend the sewer line westerly on
Kartchner Street approximately 500 feet, coinciding with its frontage on
Kartchner Street; the city would reimburse half of the cost of that line
extension on behalf of the property on the north side of Kartchner Street
(the city would recover its expenditure when the property on the north side
of Kartchner Street develops and connects to the system). This is the
same process applied to other properties. Although the subject property is
a larger parcel and therefore has more frontage than most others in the
vicinity, the expense of the sewer line extension approximates only
$12,000 and the expansion project approximates $500,000 dollars (thus,
the requirement to connect to the sewer system is not an extraordinary
financial burden).
10(a)
(2) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other properties in the
same vicinity and the same zoning classification, which because of
special circumstances is denied to the property in question.
Other properties in the same vicinity have been required to extend and
connect to the sewer system. Several years ago, the book store at the
corner of Rainier and Hillsboro was required to connect to the system;
more recently, an Ag warehouse on the south side of Hillsboro (just east
of Rainier Avenue) extended and connected to the sewer system when it
expanded the existing facility last year. Thus, a waiver for the owner of
this property would represent a grant of special privilege not granted to
other nearby properties.
(3) The granting of the waiver will not be detrimental to the public welfare
or injurious to other property improvements in such vicinity and zoning
classification, which the subject is located.
Granting a waiver from the standard requirement to connect to the sewer
system when it is already nearby would be contrary to the public welfare
in that the sewer system is supported by all of its users.
(4) The granting of a waiver will not conflict with the general intent of this
chapter.
Absent a special circumstance warranting an exception, granting a waiver
would unnecessarily and inappropriately conflict with the intent of the
utility connection requirement.
Based upon a review of the criteria above, Staff recommends denial of the sewer
waiver request.
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CITY OF PASCO
PETITION FOR UTILITY SERVICE WAIVER
PLEASE COMPLETE THE APPLICATION CLEARLY AND ACCURATELY
(Name of Owner/Applicant)(1 st party (Name of Owner/Applicant)(2nd party)
49/0 E: ST.
Address) (Address)
(Phone) (Phone)
General Location of Property: 6Pj�N DSO. / STr f � T
(give location relative to streets, intersections, etc.)
Legal Description of Property for which the Utility Waiver is requested:
Current Land Use of Property: 17},1.l rl 6fj= ,E
l) Type of utility waiver requested`? Water. Sewer_
2) .Describe the reason for requesting a waiver from the requirement to connect to the municipal water
and/or sewer system?_�_�� 1..W.R A 5EEot -;5;
3) Describe alternative method of utility provision from which a waiver is requested?
�qL Y oo'A
4) Special circumstances applicable to the property in question or intended use?
S) What changed or changing conditions warrant the proposed Utility Waiver?
b) V at other properties in the same vicinity and within the same zoning district have received a
Utility Waiver or are not connected to one of both or the municipal utility systems?
. ! - �.
7) How will the public health and welfare be protected by granting the Utility Service Waiver?
CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS
Sections:
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED
16.06.030 WAIVER- AUTHORIZED
16.06.040 WAIVER-CRITERIA
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED. The availability of City
water and sewer service to the lot(s), parcel(s) or tract(s) of land sought to be improved by construction of a
structure for human habitation, or industrial or commercial use, shall be a prerequisite to the issuance of a building
permit. No building permit shall be issued without compliance with this section except as stated in this chapter.
"Availability of City water and sewer service" means the physical connection to transmission lines of such service,
after paying for all applicable connection fees including the installation of a water meter and having the water meter
installed and activated or in the case of sewer service only the physical presence of such service within a street, or
other easement of the City of Pasco adjoining the lot(s),parcel(s)or tract(s) of land to be improved. (Ord. 2412 Sec.
1., 1982; Ord. 2303 Sec. 1, 1981.)
16.06.020 EXCEPTIONS. (Repealed Ord. 3786, 2006; Ord. 2303 Sec. 2, 1981.)
16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a building permit stated in
Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon
such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should
be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco
and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based.
The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the
owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the
following:
• A specific period of exception;
• Required participation in future public sewer and/or water service extension by L.I.D. or other means;
• The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the
City of Pasco. (Ord. 2303 Sec. 3, 1981.)
16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or grant with conditions an application for
a waiver described in Section 16.06.030 shall be based upon the following criteria:
A) Special circumstances applicable to the property in question or to the intended use that do not generally
apply to other properties or classes of use in the same vicinity or zoning classification;
B) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed
by other property in the same vicinity and in zoning classification, which because of special
circumstances is denied to the property in question;
C) The granting of the waiver will not be detrimental to the public welfare or injurious to any person,
property or improvements thereon in such vicinity and zoning classification in which the subject
property is located;
D) The granting of a waiver will not conflict with the general intent of this chapter;
E) Except as provided below, no waiver shall be granted for any property lying within the boundaries of the
Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map
designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives
a waiver request, it shall notify the Department of Ecology of such request, and shall provide the
Department of Ecology all relevant information regarding such request.
F) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection
Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as
applicable, established under WAC 173-340-700 through 173-340-760 are met, then Section 5 hereof
shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity
for comment, concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4, 1981.)
AGENDA REPORT
FOR: City Council January 9, 2008
TO: Gary Crutchf Manager Regular Mtg.: 1/22/08
FROM: Lynne Jackson Human Resources Manager
SUBJECT: Initial Bargaining Contract for Code Enforcement Officers and Permit
Technicians
L REFERENCE(S):
I. Proposed Collective Bargaining Agreement (Council packets only; copy in
Human Resources Office for public review)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
1/22: MOTION: I move to approve the Collective Bargaining Agreement with the
IUOE, Local 280, on behalf of code enforcement officers and
permit technicians, and, further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
Total gross cost increase of Investigative Services (code enforcement officers and permit
technicians) by approximately $72,254.00 over three years. Incremental annualized
increase in operating cost is $37,284.
Cost of wages for code enforcement and permitting for 2007................................$192,910
Anticipated wages for code enforcement/permitting for 2008:..............................$200,621
Savings on increase in salary cap for insurance premiums: 2008 .........................($590.40)
IV. HISTORY AND FACTS BRIEF:
The Code Enforcement Officers and Permit Technicians organized in October 2006.
This first contract was negotiated in 2007 with the first wage increase and change in
insurance premium salary cap effective 1/1/08. This group did not receive any wage
increase in 2007.
V. DISCUSSION:
The city and representatives of the Code Enforcement Officer and Permit Technicians (5
employees total) in the Inspection Services Division of the Community and Economic
Development Department who are represented by IUOE, Local 280 have reached
tentative agreement on a new, three-year contract. The bargaining unit has voted to
approve it. Following is a listing of the significant changes:
Effective January 1, 2008: 4% increase for all represented employees
Insurance premium cap increase from 2% to 3.5% (of
monthly wage)
Effective January 1, 2009: 2.5% increase for all represented employees
Insurance premium cap increase from 3.5% to 5%
Effective January 1, 2010: Increase of 90% CPI (Oct-Oct 2009, B/C western cities) I-
3%, min/max.
Contract language consistent with policies governing non-represented employees.
Staff recommends Council ratification of the Agreement
10(b)