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HomeMy WebLinkAbout2008.03.31 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 31,2008 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Home Builders Association of Tri-Cities' Built Green® Presentation (NO WRITTEN MATERIAL ON AGENDA) Presented by Renee Brooks, Director of Government Affairs and Communications, Home Builders Association of Tri-Cities. (b) Create Local Improvement District (LID) for Road 90 and Road 92 North of Sandifur Parkway: 1. Agenda Report from Robert J. Alberts,Public Works Director dated March 7, 2008. 2. Vicinity Map. 3. Street Cross Section. (c) Swimming Pools: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 25, 2008. 2. Letter from Pool Committee. 3. Sketch of Proposed New Facility. 4. Comparison of Operating Costs. 5. Construction Financing Options. (d) Deed for Future Street Right-of-Way (MF#INF008-022): 1. Agenda Report from David I. McDonald, City Planner dated March 26, 2008. 2. Vicinity Map. 3. Deed for a Portion of Convention Drive. 4. Temporary Construction Easement. 5. Indemnity Agreement. (e) "For-Hire Vehicles"Licensing Requirements/Fees: 1. Agenda Report from Debbie Clark, City Clerk dated March 5,2008. 2. Proposed Ordinance Amending Section 3.07.050"Business Licenses." 3. Proposed Ordinance Amending Chapter 5.45"For-Hire Vehicles." (f) Schematic Design Services,Police Station and Court Facilities: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 12, 2008. 2. Amendment No. 1 to Professional Services Agreement. (g) Sacagawea Heritage Trail Phase 3 Grant Application: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 24, 2008. 2. Proposed Resolution. (h) Real Estate Purchase Adjacent Highland Park: I. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 20, 2008. 2. Location Map. 3. Resolution. 4. Purchase and Sale Agreement (Council packets only; copy available in Administrative & Community Services office, the Pasco Library or on the city's website at www.pasco- wa.gov for public review). (i) Reuse of the Army Reserve Center: 1. Agenda Report from Gary Crutchfield, City Manager dated March 27, 2008. 2. Vicinity Map. 3. Proposed Scope of Work(2 pages). 4, Proposed Budget and Grant Request. 5. Proposed Timeline Chart. Workshop Meeting 2 March 31,2008 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. REMINDERS: 1. 12:00 p.m., Wednesday, April 2, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 2. 5:30 p.m., Thursday, April 3, Parks & Rec. Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.) AGENDA REPORT NO. 05 FOR: City Council March 07, 2008 TO: Gary Crutch Manager FROM: Robert J. A Works Director Workshop Mtg.: 03/31/08 SUBJECT: Create Local Improvement District(LID) for Road 90 and Road 92 North of Sandifer Pkwy I. REFERENCE(S): I. Vicinity Map 2. Street Cross Section II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 03131: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 1967 the Plat of Cole's Estates created Road 90, the east half of Road 92 and a portion of the north half of Sandifur Pkwy. In 1968 the plat of Broadmoor Park No. I created the west half of Road 92 and a portion of the north half of Sandifer Pkwy. There were no requirements for the infrastructure (streets, water, electrical, etc) to be constructed in the rights-of-way for Sandifur Pkwy, Road 90 or Road 92. In 1994, the City constructed water pipeline in Sandifur Pkwy between Road 100 and Road 68 in LID 127. In 1995, the City constructed the street improvements in Sandifur Pkwy between Road 68 and Road 100. In recent time, developments have occurred around the area including Mediterranean Villas that will be building part of Road 92 and Broadmoor Estates that will be building the northern portion of Road 90. In 2006, a parcel was created leading to the construction of the Coleman Animal Health Center. A condition of this project included the construction of a portion of Road 90 by means of an LID or private contract. In 2007 a sewer pipeline was constructed in the Road 90 right-of-way north from Sandifur Pkwy to the residential development. Most of the unimproved street rights-of-way in Road 90 and Road 92 north of Sandifur Pkwy and north of Cole's Estates are under construction by developers. V. DISCUSSION: A) Staff believes a project needs to be created to complete Road 90 and Road 92 in Cole's Estates. This project would abut seventeen (17) parcels. Staff proposes a Local Improvement District similar to LID 135 created by the City in 2000 to construct the infrastructure east of Oregon Ave. between Spokane St. and Trinidad St. The property ownerships and land development restriction due to infrastructure costs were very similar to this proposed project. The proposed LID boundary includes parcels that are zoned commercial and residential. Due to the variation in parcel sizes, the proposed LID would be based on a front footage and area charges. Staff recommends the City pay for the sewer extension in Road 92 and the water extension in both Road 90 and Road 92. The properties would reimburse the City through the water and sewer fees at time of development. On March 12, 2008, staff held a meeting with the property owners to discuss the proposed LID. The owners were notified that this proposed LID would be discussed with Council at this meeting. Staff has received support from owners representing 53% of the project. Doyle Heath, Utility Engineer, has been the lead on this project and will make the presentation before Council 3(b) s�0oda aaoQ,q, GO ' 4• �'2;z: O �O aO O Min Ei � may. a as -10 o [M-W' � a o a ��a r� o • ry a°a 13© e: a ee a s eev • as Inn- an v ao va as ; • © ossaoo � ppop� epQeeeeeeeee -eeeapd0 - � � 0 0 0 Q 0 110 0, I loor • � `d. Sid� � • e a. �_.. . - . • IMMM HE 0 CL u c.rr rr t� rr.ri °1 s r. � r 0� I� �• •c.ti•r U O � O +' Ul Cpl d :3 -Y Q c� o Q a m �°- U) (Y) d cu o � - 0 o 0 zo -0 � 0-) � 0 o � . o o cn 0 n 0 n AGENDA REPORT FOR: City Council March 25, 2008 TO: Gary Crutch 4Manager Workshop Mtg.: 3/31/08 FROM: Stan Strebel, Administrative & Community Services Director SUBJECT: Swimming Pools I. REFERENCE(S): A) Letter from Pool Committee B) Sketch of Proposed New Facility C) Comparison of Operating Costs D) Construction Financing Options IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3131 DISCUSSION III. FISCAL IMPACT: Depends on Alternatives IV. HISTORY AND FACTS BRIEF: A) The ad hoc committee on swimming pools presented its recommendations to the Council on February 25 (see letter, attached). During discussion at that meeting, the question of the costs associated with construction and operation of a possible indoor facility, allowing for year round use, was raised. Since that time, staff has been working to develop information in response to the question. B) Construction Cost: The estimated cost of the committee's proposed new 8,500sf outdoor leisure facility was $6.9m, including $1.0m for land acquisition. Shown on the consultant's sketch of the proposed facility is the outline of a possible structure, or natatorium, to make the facility usable year round. The natatorium would be approximately 16,OOOs£ Conferring with ORB (the City's consultant) we have determined that the estimated cost of the natatorium, associated mechanical, and equipping the proposed bath house for year round use to be approximately$3.7m. (Air handling in moisture laden facilities is a significant concern). This would put the cost of a similar sized indoor facility at approximately $10.6m. (Including $I.Om for land.) C) Aquatic facilities can be designed so that expansion or additions can be readily made. Additional features, such as longer, more exciting slides, flow riders (surfing machines, essentially) or other attractions can be anticipated and purchased/installed in the future. For example, ORB estimates that the proposed leisure pool could be equipped with a wave machine for approximately $300,000 (2007 dollars), at a later date, if the facility were built to anticipate that addition. D) Operating Revenue/Expense: ORB originally estimated operational revenues and expenses for the proposed (outdoor) leisure facility. In conjunction with ORB, staff has prepared a comparison of operating revenues and expenses for both the indoor and outdoor facilities. (See attached analysis.) Operating scenarios for $2.00 and $3.00 assumed cost of admission have been included. While it can be seen that the outdoor facility appears to cover operating expense, with some $57,000 annual surplus, at the $2.00 admission level, the indoor facility would not meet expenses. At $3.00 per admission, however, the indoor facility would be expected to cover 3(c) expenses plus some $77,000 net income on an annual basis (assuming the same number of admissions under both cost scenarios). E) Financing: Exhibit D, Aquatic Facilities Financing Options, reflects the three basic financing options available to the City, consistent with the committee's recommendation that the City offset $5 million of the project cost through a combination of cash reserves and non-voted debt paid from existing City resources. • Option A would build the original recommendation, have the least property tax impact and could be in place for the 2010 season. • Option B would provide an indoor facility, would require higher property tax and would likely be in place for the 2010 season. • Option C would also include the natatorium (like Option B) but would be owned, financed and operated by the Pasco PFD, if voters approved a 1/10 sales tax increase; this option would require substantially more "front-end" planning, in order to arrange all the necessary details for the joint local financing, so the facility probably would not be available until the 2011 season. (Option C also carries the specter that the scale of regional facilities discussed over the past few years would be pushed further into the future as the Pasco PFD would already be committed to this facility and other PFDs may be discouraged from participation.) F) Options A and B depend on a property tax ballot. Following are the key election dates and associated deadline for filing with the County Auditor the City Council resolution calling for the respective ballot question. • 2008 Primary: o Election date: August 19 o Council Resolution: July 3 • 2008 General: • Election date: November 4 • Council Resolution: September 19 G) If Council wishes to pursue some alternative to improve/expand the availability of aquatic facilities for citizens, it should give direction to staff in terms of the following: Scope and size of the project; preferred financing option; and preferred timetable. With this direction staff will be able to develop a complete plan to move this issue forward. Exhibit A ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT P.Q.BOX 293, 525 NORTH THIRD AVENUE,PASCO,WASHINGTON 99301 DIVISIONS January 31, 2008 SERVCESRArrVE (509)544-3096 FAX 543-5727 CITY CLERK (509)545-3402 FAX 543-5727 Re: Pool Committee Recommendations FACILITIES SERVICES The Honorable Mayor and City Council (309)343-5757 City of Pasco FAX543-5758 FINANCE With this letter we are leased to report findings and recommendations of the Pool Committee SERVICES P P g (509)545-}407 appointed by the City Council this past August. As you recall,the committee was charged to review FAX544-3082 the City's swimming programs, facilities, needs and associated consultant reports and define a INFORMATION recommended Capital Project plan for aquatic facilities, including the possibility of closure, SERVICES renovation or new construction and proposed financing. (509)545-3419 With that charge the committee began meeting in September and has reviewed background and recent RECREATION SERVICES history;the physical condition of the three City swimming pools; operational program data and (509)545-3456 financial information. Our review has also included the various studies that have been undertaken by FAx545-3455 the City on its swimming facilities, including the 2001 Feasibility Study,the 2004 Design Concept Study and the 2007 Cost Update Study. The committee also reviewed a brief market analysis of the construction option recommended herein which was completed in January 2008. Additional literature on aquatic projects undertaken by communities throughout the country has been reviewed. Information relating to alternatives for each pool, including capital cost and operational expense estimates; and scenarios including renovation, replacement or closure for each pool have been considered. Finally,the committee has looked at City population and demographics and City growth trends and patterns. Key Findinas A number of conclusions have been reached as the committee has considered the information described above. These include the following: 1. Each of the City's pools is in need of substantial renovation or complete replacement to continue in operation. 2. The neighborhood pool concept, developed in Pasco in the 1960's when the entire community was virtually located east of Highway 395,was then a cost effective way to provide water recreation and educational opportunities throughout the community. Given the growth of the City, it does not now appear that neighborhood pools are cost effective to build or to operate. As operating effi iencies decrease,the temptation is to reduce expenses in the form of maintenance, improvements or supervision. This course only invites adverse risk and greater liability exposure. 3. Approximately half of the City's population is located on the east side of Highway 395 and approximately one half on the west side of Highway 395. This is true for the community's school age children as well. All the City's existing pools are located on the east side of Highway 395. 4. The expectations of the public for aquatic recreation facilities have changed. Studies suggest that traditional rectangular or square pools, operated and maintained in the traditional manner, can rarely be self supportive in terms of operational revenue/expense. On the other hand,contemporary, family oriented"leisure"pools have been shown to be much more capable of being self supporting in terms of operating costs and revenues. 5. In 2005, it appears that the Pasco community was supportive of the general notion of a modest(sales)tax increase to pay for a regional aquatic center. (See discussion on the National Citizen Survey, (2005)below.) 6. It also appears that Pasco citizens are supportive of the idea of construction of a newer, more contemporary aquatic facility even if it means the closure of one or more of the existing pool facilities. (See National Citizen Survey,(2007).) National Citizen Survey In 2005 and 2007,the City contracted with the National Research Center, Inc. to conduct a random sampling of households and their responses to the National Citizen Survey, a standardized survey tool used by many communities throughout the country to gather citizen input regarding public services. The survey allows communities to ask a limited number of custom questions in order to assess public opinion regarding important issues in the community. The respective questions and responses for 2005 and 2007 are shown below: 2005 Survey To what extent do you support or oppose an increased sales tax of 1/10 of one percent(one extra penny on each $10 purchase)to have a regional aquatic center in the Tri-Cites? Strongly support 32% Somewhat support 31% Somewhat oppose 17% Strongly oppose 20% Total 100% 2007 Survey As you may know, the three public pools in Pasco are in need of complete renovation. As an alternative,to what degree would you support or oppose the City building a new water park (including a pool, slide and other water features)that would replace one(or possibly two)existing swimming pools? Strongly support 48% Somewhat support 30% Somewhat oppose 13% Strongly oppose 8% Total 100% The survey indicates that in 2005 some 63% of household respondents were supportive of a 1/10 of one percent sales tax increase to build a Tri-Cities regional aquatic center. While the committee's discussion considered the regional approach and work that has been done on such a facility, the recommendation of this committee is limited to steps that the City can take(See additional discussion on Regional Cooperation, below.) Also,while the question is specific to a regional facility, the committee nevertheless believes that the community would support a reasonable and modest tax plan to support new/improved aquatic facilities in Pasco. The 2007 survey shows 78% support for constructing a new facility in Pasco,even if one or two of the existing facilities were to be closed. While the question does not include a tax increase to fund the construction, the committee believes that the substantial support for the facility, coupled with the support for funding a facility as expressed in the 2005 survey, suggests that Pasco voters are ready to support a new, contemporary water park facility more than the renovation of multiple, smaller neighborhood pools. Recommendation Based on the above findings,the committee recommends a`two facility" approach to serve the aquatic needs of Pasco as follows: 1. Memorial Pool. Renovate to correct all operational and code deficiencies, construct a new bath house on the existing foundation and renovate the existing training pool. Estimated cost: $3,100,000. 2. New Zero Depth Leisure Pool. Construct a new facility(somewhere in north west Pasco and preferably close to I-182)to include a 5,000 square foot bath house, zero depth leisure pool of approximately 8,500 square feet with six lap lanes. Other features to include a lazy river, a water slide and water play features. It is important to note that this location is near the geographic center of the Tri-Cities. Construct the facility in such a way as to facilitate cost effective future expansion. The expansion planning should include the possibility of a full enclosure. Purchase of approximately 10 acres of land. Estimated cost: $6,900,000. (See attached sketch) Discussion. As can be seen,the recommendation provides for one facility in each of the two halves of the City,yet both facilities are very different and unique in their purpose and appeal. A. Memorial Pool remains a 50 meter pool in the traditional style with approximately 10,500 sq. ft. of water surface, allowing for competitive,training and recreational uses, including diving. The water slide would continue to exist and the renovation would create a more attractive, safe and appealing facility for the public, while extending its useful life by an estimated 30+years. B. The new leisure facility would be more recreation oriented, not be a primary venue for competitive events or diving, but would be usable for training and swim lesson activity. Located on the I-182 corridor,the facility would be readily accessible by all Tri-City residents as well as tourists and passersby and, given the proper design and management,would be expected to be able to generate operational revenues in excess of operational expenses(assuming a$3.00 - $5.00 average daily admission, consistent with other facilities in the region). 3. Kurtzman and Richardson Pools. The committee finds that neither of these pools is economical to continue to maintain, upgrade or replace. The committee recommends that Richardson Pool be allowed to remain open until the renovation of Memorial Pool and the construction of the new pool can be completed, or until some expenditure deemed too expensive by Council must be made, at which time the pool would be permanently closed and demolished. The committee recommends that the Kurtzman facility likewise remain open until some excessive cost repair presents itself,at which time the facility be converted into a sprayground. Market Analysis Current swimming pool operations for the three facilities result in an annual net operating cost, (excluding repairs)of approximately$80,000 annually. Roughly, it takes some$50,000 to operate Memorial Pool and $15,000 each for Kurtzman and Richardson operations. As the committee completed initial development of the recommended concept, including the new leisure pool,the ORB Organization was asked to prepare a market analysis of the proposed facility to outline likely operating costs and revenues. The report, which was completed in January 2008, is attached. The analysis suggests that the leisure facility, as proposed, would be capable of meeting approximately 85% of the (conservative)estimated swimmer demand in the Tri-Cities, taking into account the existing public pools. Using a more optimistic demand projection,the facility would meet about 46% of area demand. (Fairly modest cost upgrades could be considered in the design stage to boost capacity of the facility further.) On an operational cost basis,the analysis suggests that in the most conservative demand scenario, the facility could be expected to produce net operating revenue(in excess of expenses)of some $60,000 annually. With the construction of the proposed leisure pool,the eventual closure of the two small pools and the renovation of Memorial Pool, it is very likely that the City could eliminate the net general fund operating subsidy required for the swimming program each year. That this could be achieved while maintaining two unique and different facilities and serving the entire Pasco community in a balanced manner should be very attractive to the citizens. Financing The cost of the recommended improvements is estimated at$10 million(excluding an estimated $300,000 to demolish Kurtzman and replace it with a sprayground and an estimated $125,000 to demolish Richardson). Following discussions with the City Manager,the committee is recommending that the $10 million package could be financed,approximately 50% from City cash resources or non-voter-approved financing and approximately 50% as a voter-approved bond issue. The required voter-approved levy for a$5 million (20 year, 5%)bond issue would be approximately $.16 or$16.00 per$100,000 of assessed valuation. For an average home costing$150,000 the annual property tax increase would be $24.00. Timin The committee recommends that the Council submit the bond issue to the voters at the November 2008 general election. Under an approval scenario,facility design could be completed in 2009 with construction commencing at Memorial Pool following closure for the 2009 season and completed in time for the 2010 summer season. The construction of the new facility would depend on acquisition of property, but would not be dependent on the swimming season for commencement. It is anticipated that such construction could easily begin in 2004 also with completion prior to the 2010 swimming season. The Council should consider outreach activities to validate the committee's findings and better understand the public sentiment relative to this recommendation prior to the bond issue submittal. Regional Cooperation The committee is mindful of the leadership role that Pasco has taken to promote regional cooperation/collaboration on large facilities which could serve the entire community. A regional aquatics facility is one of the projects most often associated with the regional effort. Yet, owing to the slowness and complexity of the regional effort, the committee believes that development of a definitive plan for a regional facility may be years ahead. Pasco currently faces very real and urgent needs with its current facilities that must be addressed. The community has nearly doubled in population since the first discussions of a regional aquatic facility began. Pasco has the opportunity now to move toward serving its citizens in a better way while reducing its net annual operational expense. The concept of the new leisure facility has been developed with both present and future needs, as well as those of Pasco and the region, in mind. The location and expansion possibility could allow a regional partnership to expand the recommended facility, if desired. The committee believes the recommendation should be viewed as a potential opportunity and encourages the Council to continue to participate in the regional facility effort. Summary The members of the committee believe that the recommended plan is one that will be supported by the citizens and will very much benefit the entire community. We urge your positive action on this recommendation. We express our appreciation for the opportunity to have participated in this process. Sincerely, Robert Hoffman, Member, City Council Rebecca Francik, Member, City Council Chairman of the Committee Joe Cruz, Member,Planning Commission Edmon Daniels,Member,Park and Recreation Advisory Council Mike Mathe , Member,Park and Cheryl Smyth,Member, Park and Recreation Advisory Council Recreation Advisory Council Exhibit B Proposed Zero Depth Leisure Pool r ftrrtrK� i i t L.hzY RtVt� � kv-V-A- a zo ka to � 1 ©•r•b ___..._._ . architects Exhibit C Pool Outdoor/Indoor Analysis Admission Assumed: Outdoor Facility Indoor Facility" Est Swimmer Days 84,500 221,000 Water Surface Area 8,500 8,500 Building Size* 5,000 24,500 REVENUE Admission @ $2.00 $169,000.00 $442,000.00 Concessions @ $0.10 $8,450.00 $22,100.00 Lesson/Classes $10,000.00 $40,000.00 Rentals $1,000,00 $5,000.00 TOTAL REVENUE $188,450.00 $509,100.00 EXPENSE Personnel $98,300.00 $296,000.00 Ad/Prof/Misc $11,500.00 $40,500.00 Maint/Repair @ /sf water outdoor $0.50 $4,250.00 /sf bldg indoor $3.20 $78,400.00 Chemicals /sf water outdoor $1.50 $12,750.00 /sf water indoor $2.00 $17,000.00 Utilities /sf water outdoor $0.50 $4,250.00 /sf bldg indoor $9.00 $220,500.00 TOTAL EXPENSE $131,050.00 $652,400.00 NET OPERATING $57,400.00 -$143,300.00 * Natatorium=16,000, Bath house= 5,000, Mech=3,500 ** Indoor Facility assumes 54% of summer quarter(outdoor facility) use; 67% of summer quarter personnel cost for balance of year Pool Outdoor/Indoor Analysis Admission Assumed: Outdoor Facility Indoor Facility** Est Swimmer Days 84,500 221,000 Water Surface Area 8,500 8,500 Building Size ` 5,000 24,500 REVENUE Admission @ $3.00 $253,500.00 $663,000.00 Concessions @ $0.10 $8,450.00 $22,100.00 Lesson/Classes $10,000.00 $40,000.00 Rentals $1,000.00 $5,000.00 TOTAL REVENUE $272,950.00 $730,100.00 EXPENSE Personnel $98,300.00 $296,000.00 Ad/Prof/Mist $11,500.00 $40,500.00 Maint/Repair @ /sf water outdoor $0.50 $4,250.00 /sf bldg indoor $3.20 $78,400.00 Chemicals /sf water outdoor $1.50 $12,750.00 /sf water indoor $2.00 $17,000.00 Utilities /sf water outdoor $0.50 $4,250.00 /sf bldg indoor $9.00 $220,500.00 TOTAL EXPENSE $131,050.00 $652,400.00 NET OPERATING $141,900.00 $77,700.00 * Natatorium=16,000, Bath house=5,000, Mech=3,500 ** Indoor Facility assumes 54% of summer quarter(outdoor facility) use; 67% of summer quarter personnel cost for balance of year i Exhibit D cl 64_ o `f, .� N .� Z O �' cz F CZ 44 � b O a >1 U > U °> U a > o 0 0 0 0 w W w U � V d O a o cz o o a > `qj > ° > ° 3 � � x Cd s-.4 M o t C-1 cn d � U AGENDA REPORT NO. 11 FOR: City Council March 26, 2008 TO: Gary Crutch a Manager Workshop Mtg.: 3/31/08 Regular Mtg.: 4/7/08 FROM: David I. McDonald, City Planner 3�Lk� Community&.Economic Development SUBJECT: Deed for Future Street Right-of-Way(MF#INF08-022) I. REFERENCE(S): A. Vicinity Map B. Deed for a Portion of Convention Drive C. Temporary Construction Easement D. Indemnity Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3131 DISCUSSION 4/7 MOTION # 1: 1 move to accept the deed from the owners of Parcel # 116-020- 010 for a portion of the Convention Drive right-of-way. MOTION # 2: I move to accept the temporary construction easement from the owners of Parcel # 116-020-010 for a portion of Convention Drive and authorize the City Manager to sign said easement. MOTION #3: I move to authorize the City Manager to sign the indemnity agreement associated with the Convention Drive construction easement. I11. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. The development of the Three Rivers Subdivision north of Sandifer Parkway requires the extension and construction of Convention Drive north of Sandifur Parkway. The east half of the right-of-way for Convention Drive is being provided by Hayden Homes, the developer of the Three Rivers subdivision. The required west half of Convention Drive is controlled by other property owners that are currently farming the field to the west of the Three Rivers Subdivision. B. To properly construct half of Convention Drive northward from Sandifur Parkway a small portion of land is needed from the farm field to the west of The Three Rivers Subdivision. After several months of discussion staff was able to obtain a dedication deed for three feet of right-of-way and a 14 foot easement for roadway construction work. C. The construction easement requires the Grantee (City of Pasco) to assume responsibility for any damages to the farm field or equipment that may result from construction activities or related uses of the easement. Staff informed Hayden Homes that the easement with the indemnification clause could not be recommended for acceptance by the city unless the developer assumed all terms and obligations associated with the easement. Hayden Homes has agreed to assume all terms, requirements and obligations of the construction easement by signing an indemnity agreement holding the city harmless from such requirements. 3(d) �` .1i�:1 ='i •+j I>.:•J,L�-,•+dam-�.�L•.11�+�--"`_...._-�:rs.,4.■/ ``+, I � 't•�I'�E"•— i �s 1�� --�y yvdr'�i - it I t a *''K1-7 ._,r �'�. �,�i--�'S 'ms`s' k 1 ' �.,- •�.:_'.._'-� k Ar-7411,41t Lj r it r.,. me . rt,+.•s,� � �.x ���4 a r �i I irk-���•� �•�._ ��'r�1,•.-yl•�( • ?'z L r`- l� t'.• 3 ..� t f +�V..IIy■V..- iT Y:`�• -•wV :':.1. 5.—_ �i� ''�'..i�':' L.'n .R. �1.x - t 4 -_I, `f. ,ACC^ -- - - w — :;11 1' 'r t� • ..: Mme F. 1y I 1`k .. .�4'•��d� Y_. .6. i ..... ..... 4 a ,T 1 � y°l' �� .'�'.Y,�'��Y. "�T, w•sr'p:..�}� '. •.*il'.y y ♦t,-_-. -';" .i:.�4awT-rx�f1',-}��-kn'�:ri... :>';K.•. .. ,_,�2E.. '.l '��,Y-.` •..�..F: ° iR ; a f I i I - - - ,,f. I d 4.rw� !•t •� _- F'.._..—,-_ __- •ei 1/-,"'_ ,,i- 'is•y. . i•� 14. :t•i.�- .,. �e arts .�0....,y7'" '; trr=r.`,Y-=Ii- ';�. sly• 3. `'�u. `�I'.V—�t� :A r..- -'h �'����j�^M Ir• i .1 tY 1-I__:._::_". W.'' •,�-.� �.d•Y'.:1'...s� :h�YFi, 1 I t •F ;j I II `+ '� L7 �.1''-K .f,_ :•' "'.�.'r�r °:T':il'��i j.i, '!: k : I Y. 7- F'x" _ :h-•:cY a--F.• ,{''wS. ;;r'�...i---4, After Recording, Return to: Stella Edens Pederson Rettig Osborne Forgette, LLP 6725 W. Clearwater Ave. Kennewick, WA 99336 Type of Document: Dedication Deed Grantors: Randy Mullen,Jacqueline Hansen, Lee A. Eickmeyer, and Mark and Mary Jo Sullivan Grantee: The City of Pasco Abbreviated Legal Description: Ptn.NE '/4, § 9,T 9 N, R 29 E, Ly E of Road 68 Assessor's Property Tax Parcel, or Account Number(s): 116-020-010 Dedication Deed Pursuant to RCW 35A79.010, the Grantors hereby dedicate and quitclaim to the Grantee, The City of Pasco, A Municipal Corporation of the State of Washington, for public use, as a public right-of-way all interest in the following property: The Easterly 3 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68. IN WITNESS WHEREOF, the parties have executed this Agreement the day an ear first written above. N Randy ullen S 1 Ivan y i4f)AAL 614, queli a Hanspin L1W '.Mary 4 Sul i f Lee Eickrneyer U:th1j Documents',SPfiles\Eickmeyer\Pasco Dedication Deed-2008.rev.DOC 1 STATE OF WASHINGTON } }ss. County of } The foregoin ' ac wledge f e thi of 1 , 2008, by Randy M 01V My commission expires:T i �~ 4 STATE OF WASH ss. County of��(�'; ��, , } The foregoing i s acknowledged before me this ; ' f day of - 2008, by Jacqueline s101V 4QG��tyOTARj„ 9N9 Notary Public for Washi gton 60 My M p UC A sti�* M commission expires: 9 RY ti GAO STATE OF WASHIN ss. County of The foregoing instrument was acknowledged before me this ,r�=``' day of 2008, by Lee Eickmeyer. - MBEKAH IF. HA State c' ; ?Q blic for Washington wo` t F'j Y eission expires: p Com :l •-,ion ss SEPT MSM 19 2811 STATE OF WASHINGTON } )ss. County of } The foregoing i acknowledged before me this ,4P day of 2008, by Mark Sulliv�' �ss►onr� 40 Notary Public for Washington p tf 8 L t C o My commission expires: r F WASH UAMy Documents\SPfiics\Eickmeyer\Pasco Dedication Deed-2008.rev.DOC 2 STATE OF WASHINGTON } }ss. County ofjl P } The foregoing instrument was acknowledged before me this ; day of re jati 4 tt., , 2008, by Mary Jo Sullivan. J N1E M. - �,Z►5sioh Fx�fs No y Public for Washington o� 01 ARp �cn My commission expires: LL1114t co * B0 C' o 00 P� _ 08 ti O 9 ER U1My DocumentslSPftiesTickmeyerlPasco Dedication Deed-2008.rev.D0C 3 After Recording, Return to: Stella Edens Pederson Rettig Osborne Forgette, LLP 6725 W.Clearwater Ave. Kennewick, WA 99336 Type of Document: Temporary Construction Easement Grantors: Randy Mullen,Jacqueline Hansen, Lee A. Eickmeyer, and Mark and Mary Jo Sullivan Grantee: The City of Pasco Abbreviated Legal Description: Ptn.NE 1/4, § 9, T 9 N, R 29 E, Ly E of Road 68 Assessor's Property Tax Parcel, or Account Number(s): 116-020-010 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT (this "AGREEMENT") is made as of the day of , 2008, between Randy Mullen ("Mullen"), Jacqueline Hansen ("Hansen"), Lee A. Eickmeyer ("Eickmeyer"), Mark and Mary Jo Sullivan ("Sullivan"), and The City of Pasco, a Municipal Corporation of the State of Washington ("Grantee"). Mullen, Hansen, Eickmeyer, and Sullivan are referred to herein individually as "Grantor" and together as "Grantors." Recitals: A. Grantors individually are the owners of adjacent real property located in the City of Pasco, Franklin County, Washington as more particularly described on the attached Exhibit A ("Grantors' Property"). Grantee desires an easement over Grantors' Property as follows: The Easterly 17 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68, except the Easterly 3 feet thereof dedicated for street right of way. ("Easement Area"). 1 U:Ny Documentsl SPfiies%Eickmeyer\PascoTemporary Construction Easement-2008.rev,DOC B. Grantors desire to grant to Grantee a non-exclusive easement over and across the Easement Area for a street shoulder and for grading purposes in conjunction with the construction of the East half of Convention Drive on the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby acknowledged, Grantors and Grantee do hereby agree as follows: I. Incorporation. The recitals are incorporated herein. 2. Easement. Grantors grant to Grantee and Grantee's agents, employees, contractors, subcontractors, and vendors, a temporary non-exclusive easement (the "Easement") to enter upon the Easement Area for the purposes of access and construction activities in connection with the construction of roadway improvements and sewer and sanitary facilities (the "Construction Work"). 3. Construction Work. All Construction Work shall be performed in compliance with all covenants, conditions and restrictions applicable to the Easement Area, and with all applicable laws, statutes, ordinances and governmental rules, regulations, and requirements. 4. Term. The Easement shall automatically terminate on December 31, 2008. 5. Grantee's Use of Grantors' Property. Grantee covenants and agrees that Grantee shall use Grantee's best efforts to avoid causing any material damage to, or interference with, any irrigation systems or farming activity on the Grantors' Property. Grantee further covenants and agrees that Grantee, at Grantee's sole cost and expense, shall remove all debris and garbage located on the Easement Area upon the termination of the Easement. 6. Liens. Should mechanics', materialmen's or other liens or claims thereof be filed against the Grantors' Property by reason of a claim against Grantee, Grantee, shall cause the lien to be canceled and discharged of record by bond or otherwise within thirty (30) days after receipt of notice from any Grantor. Should Grantee fail to cause such lien to be so discharged or bonded, the Grantor that gave notice may exercise any or all remedies available to such Grantor at law or in equity, including, without limitation, paying the amount claimed to be due, and Grantee shall pay to such Grantor on demand the amount so paid and all costs and expenses incurred by such Grantor, including reasonable attorneys' fees, in processing such discharge. 7. Indemnification. Grantee hereby indemnifies, protects, defends and saves Grantors and Grantors' agents, employees, contractors, and invitees harmless for, from and against any and all liability, damage, expense, causes of action, suits, claims, or judgments arising for any reason whatsoever in connection with the use of the Easement Area by Grantee or Grantee's agents, employees, contractors, invitees or suppliers. However, Grantee shall not be responsible or liable for any act or omission of Grantors or Grantors' agents, employees, contractors, or invitees, or for any adverse condition on or affecting the Easement Area that was not caused by Grantee or its agents, employees, contractors, subcontractors or vendors but merely discovered or impacted during their work on the Easement Area. 2 UAMy Documents%SPfiles\EickmeyerlPascoTemporary Construction Easement-2008.rev.DOC S. Duty to Repair and Reimburse. Grantee covenants and agrees that Grantee shall (a) repair or replace any irrigation systems damaged or destroyed as a result of the Construction Work, at Grantee's sole cost and expense, and (b) reimburse Grantors for lost profits from loss of crops as a result of any damage or destruction of irrigation systems as a result of the Construction Work. 9. Entire Agreement. This Agreement shall constitute the entire agreement between the parties relating to the Easement. The Parties do not rely upon any statement, promise or representation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 10. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 11. Governing Law. This Agreement shall be governed by and construed with the laws of the State of Washington without regard to its conflicts of law principles. IN WITNESS WHEREOF, the p ties have executed this Agreement the day and year first written above. GRANTORS: andy ullen ��WL acq line Hanson q* Lee Eickrrieytr f ullivan M Jo S GRANTEE: The City of Pasco, a Municipal Corporation of the State of Washington By: Its: 3 UAMy Documentsl SPfiles\Eickmeyer\PascoTemporary Construction Easement-2008.rev.DOC STATE OF WASHINGTON } }ss. County o, } The foregoing ins owledged e th' ay , 2008, by Randy Mulle y sfo1Y * -----a► g n v O&BLIC e y commission expires: I I STATE OF WASHINGTON Of WASH, )Ss. County of`Y��G 7iJZan } The foregoing in acknowl ged before me this ?day of r4�s , 2008, by Jacqueline H` S10 4 tij{ 4Q 4� koTA,k * 04 * Notary Public for Washington DBLIC My commission expires: RY t Q�`WASH� STATE OF WASHINGTON } )SS. County of 'l/ r'fl } r The foregoing instrument was acknowledged before me this day of ( � , 2008,by Lee Eickmeyer. a r L ; RE13EKAH E. HARRIS t i :Mate of Washington Notary Public for Washington 1 j� I NOTARY PUBLIC My commission expires: It Commission Expires SEPTEMBER 19 2011 STATE OF WASHINGTON } }ss. County of } All The fore g s acknowledged before me this )�_ day of-1 E-' CC ii , 2008, by Mark a, T� ( _ � v O R y vS _ 00 ',z°02 Notary Public for Washington ro8fA 2 � My commission expires: fit),--.A ,% pF WAS�\� 4 U AMy DocumentslSPfiles\EickmeyerTascoTemporary Construction Easement-2008.rev.DOC STATE OF WASHINGTON } }ss. County of 60*U ) } The foregoin ,r was acknowledged before me this day of h L , 2008, by Mary Jo t' U rtOTARP �"v+ Z - --� F-- Nofar Public for Washington 0 1'U8 LlG o '4 My commission expires: �[-i'+- X tC'- (n OER 21, F WASH STATE OF WASHINGTON } )SS. County of } The foregoing instrument was acknowledged before me this day of , 2008, by , the of The City of Pasco, a Municipal Corporation, on its behalf. Notary Public for Washington My commission expires: 5 UAX4y Documents\SPfiles\EickmeyerlPascoTemporary Construction Easement-2008.rev.DOC EXHIBIT A Grantors' Property Legal Description That portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68. Franklin County Tax Parcel # 116-020-010 6 U1My DocumentslSPfilesTickmeyerTascoTemporary Construction Easement-2008.rev.DOC FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North P Pasco WA 99301 INDEMNITY AGREEMENT THIS AGREEMENT dated this 1 day of March, 2008, Hayden Homes, LLC, hereinafter referred to as "Hayden Homes", does agree to indemnify the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City", and in consideration of the mutual covenants contained herein, agree as follows: 1. Hayden Homes is the Developer of certain real property located within the City of Pasco, incident to which requires the improvement of portions of Convention Drive right-of-way of the City. Incident to those improvements, the City has secured a Temporary Construction Easement upon certain real property more particularly described as follows: The Easterly 17 feet of that portion of the Northeast quarter of Section 9, Township 9 North, Range 29 East W.M. Franklin County Washington lying Easterly of Road 68, except the Easterly 3 feet thereof dedicated for street right of way. And does by this Agreement, permit to Hayden Homes the City's right under that Temporary Construction Easement dated the day of March, 2008, a copy of which is attached hereto and incorporated hereinby as Exhibit A. 2. Hayden Homes does hereby agree to provide all construction work permitted under such Temporary Construction Easement within the easement area in conformance with the plans and specifications required for right-of-way improvement by the City, and does specifically by these terms, assume all rights and responsibilities to the City under that Temporary Construction Easement, and further agrees to defend, indemnify and hold the City harmless from any claims related to or arising from Hayden Homes' activities under the Temporary Construction Easement or upon the real property described therein and further to faithfully fulfill all the terms, requirements or obligations of the City therein. Indemnity Agreement- 1 3. For the purpose of this Agreement, time is of the essence. In the event of any dispute between Hayden Homes and City concerning the interpretation, enforcement, or breach of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute, however, if unresolved, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR). Venue shall be placed in Franklin County, Washington, and the prevailing parties shall be awarded attorney fees and costs against the other. DATED this_L3 day of March, 2008. Hayden Homes, LLC City of Pasco, Washington Gary Crutchfield of FtA44CQ. City Manager STATE OF WASHINGTON } ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_day of 2008. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF N ) �' f"'Z" : ss County o�in }- ) -On this day personally appeared before me �f V-7" -of Hayden Homes, LLC, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 'VzOz' _._> 2008. OFFICIAL SEAL otary Public i and forthe)tate of �vvn HEIDI L BLACK f NOTARY PUBLIC-OREGON esiding at __ COMMISSION NO.409673 y Commission Expires 2-b12__._ l6 MY COMMISSION EXPIRES SEPTEMBER 6,2010 Indemnity Agreement- AGENDA REPORT FOR: City Council March 5, 2008 TO: Gary Crutchfi anager V W/Shop Mtg.: 03/31/08 Stan Strebel, finis ative& Communi Services Director Regular Mtg.: 04/07/08 FROM: Debbie Clark,City Clerk SUBJECT: "FOR HIRE—VEHICLES"LICENSING REQUIREMENTS/FEES I. REFERENCE(S): 1. Proposed Ordinance,Amending Section 3.07.050"Business Licenses" 2. Proposed Ordinance,Amending Chapter 5.45 "For-Hire Vehicles" II. ACTION REQUESTED OF COUNCHJSTAFF RECOMMENDATIONS: 03131: Discussion 04/07: Motion: I move to adopt Ordinance No. amending Section 3.07.050(BB) Business Licenses; and authorize the publication by summary only. Motion: I move to adopt Ordinance No. amending Chapter 5.45 For-Hire Vehicles, of the Pasco Municipal Code; and authorize the publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco Municipal Code provides for processing of For-Hire Vehicle licensing and permits by the Finance Manager. Currently, such applications are handled through the office of the City Clerk. Many of the proposed revisions are to accurately reflect current business license procedures. B) Staff also proposes amendments to add clarity to the Code and conformity to State standards: Two new definitions are proposed for "Operator's Vehicle License" and "Operators Business License" to distinguish between the types of licenses actually issued and required. The incorporation of State law language on the qualifications and application requirements for drivers of For-Hire vehicles is proposed to insure consistency in the issuance of such licenses. (See PMC 5.45.100 and 5.45.110) C) As has been City practice, fees for permits and applications are set forth in Chapter 3.07 of the PMC. Staff has prepared an ordinance to amend to Section 3.07.050 "Business Licenses" which reflects current fees charged for processing and vehicle transfer. Staff recommends the adoption of both ordinances. 3(e) ORDINANCE NO. AN ORDINANCE amending Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding Business License Fees is warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That Section 3.07.050 BUSINESS LICENSES of the Pasco Municipal Code is amended to read as follows: Fee/Charge Reference BB) For-Hire Vehicles (maximum of $50.00 5.45.050 $500.00)—per vehicle 1) Driver's Permit Fee $50.00 5.45.080 5.45.090 Operator's License—vehicle transfer $5.00 5.45.070 Photograph $5.00 5.45.110 4) Fingerprints $10.00 5.45.110 5) Criminal history check $30.00 5.45.110 Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of , 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE amending Chapter 5.45 "For-Hire Vehicles" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding For-Hire Vehicles is warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That Section 5.45 FOR-HIRE VEHICLES of the Pasco Municipal Code is amended to read as follows: 5.45.010 PURPOSE. The provisions of this chapter shall be deemed an exercise of the power of the City to license and regulate. (Ord. 3335 Sec. 2, 1998.) 5.45.020 GENERAL PROVISIONS. The provisions of this chapter shall apply whether or not the Operator's business office is located within the City of Pasco. Unless otherwise specified, the Fiaanee Manage City Clerk shall administer the provisions of this chapter. T4ie 5.4 5.04 0 te 5.4 5.0 8 0) if the Oper-atef-, Drivef- or- applieant, as the ease may be, has complied v�i , Washington, or the Washing�en Ufiiifies and TrmspeFtatien Commission. The Finance r,ranageF's , eal to , o shall not t,e_,.nr-ea�..n.bl y withheld er- delayed—. (Ord. 3560 Sec. 36, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.030 DEFINITIONS. A) "Driver" as used in this chapter means any person driving a For-Hire Vehicle. B) "For-Hire Vehicle" as in this chapter means any privately-owned motor vehicle used for the conveying of passengers for hire within the City. C) "Operator" as used in this chapter means any person, firm, partnership, or corporation who shall engage in the business of conveying passengers by For-Hire Vehicle. (Ord. 3335 Sec. 2, 1998.) D) "Operator's Vehicle License" as used in this chapter means the license to operate a For-Hire Vehicle as approved by the Chief of Police and issued by the City of Pasco. E) "Operator's Business License" as used in this chapter means the business license issued by the City of Pasco to conduct a for-hire vehicle business within the City of Pasco city- limits. 5.45.040 OPERATOR'S VEHICLE LICENSE. No For-Hire Vehicle shall be used in the City unless such vehicle is licensed pursuant to Section 5.45.050 hereof. (Ord. 3335 Sec. 2, 1998.) 5.45.050 OPERATOR'S VEHICLE LICENSE - ISSUANCE. The Finanee Manage City Clerk shall, upon finding the applicant has met the requirements set forth in this chapter, issue the applicant an Operator's Vehicle License for its For-Hire Vehicles. The annual fee for each License issued shall be as set forth in Chapter 3.07 of this code per vehicle. The maximum annual license fee will be as set forth in Chapter 3.07 of this code for annual vehicle licensing, regardless of the number of vehicles licensed. Each Vehicle License shall bear a serial number and a brief description of the vehicle Licensed, the name and address of the Operator, and the Operator's state License number, in addition to the License required pursuant to section 5.45.060. (Ord. 3560 Sec. 37, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.060 OPERATOR'S BUSINESS LICENSE - TERM. Each Operator's Business License shall be valid for one year from issue, and no fractional License shall be issued. Such license shall begin January 1 st of each year and terminate the following December 31 st, and must be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each year. (Ord. 3335 Sec. 2, 1998.) 5.45.070 OPERATOR'S VEHICLE LICENSE TRANSFER. Except as provided-i c°„*:,,., 5.45.080, No operator's vehicle license shall be transferred from one person to another; previded, however, an Operator may add or delete For-Hire Vehicles to or from its License for a fee of fir° dellafs ($54)0) for each addition and deletion. (Ord. 3335 Sec. 2, 1998.) 5.45.080 OPERATOR'S BUSINESS LICENSE - SALE. An Operator's Business License may not be transferred. only be tFans€erred=Aith the pr- seal of the G;..., vvWeh shall net -bi-, u-n-reasonably withheld. A transfer- fee as set feAh in Chapter- 3.07 of this reede shall be r-eqtiifed for each approved tvwsl w (Ord. 3560 Sec. 38, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.090 DRIVER'S PERMIT - FEE. No person shall drive a For-Hire Vehicle within the City without first obtaining a Driver's Permit. No Operator shall utilize a Driver who is not permitted as provided herein. A fee of fifth dollars ($50.00), as set forth in Chapter 3.07 of this code, shall accompany the application for the Permit. In all cases where an Operator desires to act as a Driver, he shall, in addition to the requirements for the Operator's License, secure a Driver's Permit. (Ord. 3335 Sec. 2, 1998.) 5.45.100 DRIVER'S PERMIT - QUALIFICATIONS. No person shall be issued a Driver's Permit unless the person: A) Is at least eighteen (18)twenty-one (21) years of age and possesses of a valid state driver's license; and B) Complies with all state laws and regulations relating to For-Hire Vehicles and provides a copy of such proof including but not limited to the following 1 Proof of age-21 years or older 2. Valid State of Washington driver's license 3. Proof of UBI 4. Proof of insurance (liability and property insurance) 5. Proof of annual State of Washinaton,vehicle inspection 6 Proof of successfully completing a training course approved by Washington State Department of Licensing 7 Proof of successfully having passed a written examination approved by Washington State Department of Licensing (renew every 3-years) 8 Copy of a medical certificate certifying the individual's fitness as a chauffeur (renew every 3-years). The applicant shall file with the Finanee-Manager City Clerk an application on a form furnished by the Finanee Manage City Clerk, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant: Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident in Pasco, whether a citizen or non-citizen, last place of employment, whether previously permitted and,if sot where and whether or not the Permit was ever suspended or revoked and,for what cause, and such other information as the Fuse-Manager City Clerk may require. (RCW 46.72., RCW 46.72A and RCW 81.72)(Ord. 3560 See. 39, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and I or sgpply supply the following to the Pasco Police Department: A_) To being fingerprinted for a non-refundable fee, as set forth in Chapter 3.07 of this code; B) Photographed annually for a non-refundable fee as set forth in Chapter 3.07 of this code; C) Driver's check; D Criminal history check — one time non-refundable fee 4439:98 as set forth in Chapter 3.07 (RCW 46.72, RCW 42.72A and RCW 81.72); E) Health Department TB test results on an annual basis and F) Outstanding warrants check. cheek; and The Chief of Police shall €umis noti the Finanee MaRage City Clerk with the approval or disapproval of a pert-en the applicant's qualifications aiia poliee reee.a, it ., (Ord. 3335 Sec. 2, 1998.) 5.45.120 DRIVER'S PERMIT - APPROVAL. If the applicant possesses the qualifications described above and has no felony convictions within the past five (5) years, then the F =e _".Tangae City Clerk shall approve the application. if the Finanee Manager r-ejeets the appheation, the appliemt may appeal the deeisien to the City GOUR (Ord. 3560 Sec. 40, 2002; Qrd. 3335 Sec. 2, 1998.) 5.45.130 DRIVER'S PERMIT - CARD. A) Upon the finding that the applicant has met the requirements of this chapter, the Finanee Manage Chief of Police shall cause to be issued a card bearing the name and description, including an annual updated photo of the Driver, which card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle. 6 Proof of successfully completing-a training course approved by Washington State Department of Licensing 7 Proof of successfully having passed a written examination approved by Washington State Department of Licensing(renew ever�3-years) 8 Copy of a medical certificate certifying the individual's fitness as a chauffeur (renew evcry 3-years). The applicant shall file with the Finanee Manager. City Clerk an application on a form furnished by the Finanee City Clerk, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant: Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident in Pasco, whether a citizen or non-citizen, last place of employment, whether previously permitted and, if so,where and whether or not the Permit was ever suspended or revoked and,for what cause, and such other information as the Finanee Manage City Clerk may require. (RCW 46.72., RCW 46.72A and RCW 81.72)(Ord. 3560 Sec. 39, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be issued, the applicant shall submit to and / or supply the following to the Pasco Police Department: A To being fingerprinted for a non-refundable fee, as set forth in Chapter 3.07 of this code; B) Photographed annually for a non-refundable fee, as set forth in Chapter 3.07 of this code; C) Driver's check; D) Criminal history check --- one time non-refundable fee 4430-.00, as set forth in Chapter 3.07 (RCW 46.72, RCW 42.72A and RCW 81.72); E) Health Department TB test results on an annual basis; and F) Outstanding warrants check. to being fingerprin4ed end phetegr-aphed. The Pelie-e l-1, 4'sl,.,ll all make the fellewin. rdi g the «l: m's 4.aek nd- A) A driver's &eek; , B) A }history cheek;and l; waffants „Leek The Chief of Police shall f6faish notify the €use-Manage City Clerk with the approval or disapproval of �-the applicant's qualifications an polic°�°rd, if °nzy (Ord. 3335 Sec. 2, 1998.) 5.45.120 DRIVER'S PERMIT - APPROVAL. If the applicant possesses the qualifications described above and has no felony convictions within the past five (5) years, then the Finn ee Manage Cijy Clerk shall approve the application. If the Finanee Mama°Y r eet° the pl „t; .,, the pl nt may appeal the de „ to the- City_Geid„^:l (Ord. 3560 Sec. 40, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.130 DRIVER'S PERMIT - CARD. A) Upon the finding that the applicant has met the requirements of this chapter, the Finanee-M gef Chief of Police shall cause to be issued a card bearing the name and description, including an annual updated photo of the Driver, which card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle. B) The F-iflanee Mmager- shall issue a temper-afy permit and ear-d pending reemplefieffl. 5.45.110 (a) (e) indieate that the appheant has no felony eenviefiens wilhin the past five (5) years. (Ord. 3560 Sec. 41, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.140 FOR-HIRE VEHICLE CONDITION - INSPECTION. All vehicles operating under authority of this chapter shall be annually inspected by a certified mechanic acceptable to the Chief of Police, ensuring that each For-Hire Vehicle is clean, properly equipped and in a safe operating condition. With regard to each vehicle inspected, the inspector shall certify that: A) All lights and reflectors are operable; B) All turn signals are operable; C) Wiring is in good condition; D) Battery is in good condition and is properly secured; E) Vehicle brakes are in good condition; F) Parking brake is in good condition; G) All windows (including windshield) are in good condition; H) All windows are operable (open and close); I) Windows are not obstructed; J) Fuel tank does not leak, and is in good condition; K) Fuel lines are in good condition; L) Tires are in good condition; M) Heater is operable; N) Windshield wipers are operable; O) Defroster is operable; P) Speedometer is operable; Q) Exhaust system is in good condition; R) Floor is free of holes and openings; and S) Seat belts are operable and in good condition. (Ord. 3560 Sec. 42, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.150 INSURANCE. Each Operator and Driver must maintain, during the term of a License or Permit, as the case may be, insurance or a bond as prescribed by RCW 46.72. (Ord. 3335 Sec. 2, 1998.) 5.45.160 ADDITIONAL PASSENGERS. No Operator or Driver shall place additional passengers in a For-Hire Vehicle without first securing the consent of the person or persons by whom it was first engaged. No vehicle shall carry more passengers that than specified in its manufacturer's specifications. (Ord. 3335 Sec. 2, 1998.) 5.45.170 FARES. A) There shall be conspicuously displayed in each For-Hire Vehicle, and at such other places as may be required by the City, a schedule of fares to be charged for conveying passengers within the City. B) An Operator or Driver shall charge no more than the scheduled fare. Each Operator shall maintain a current fare schedule on file with the Finn.,,.°Direete City Clerk. C) Fares shall be determined on an hourly basis or by metering. If fares are metered, meters shall be annually calibrated by the meter's authorized representative. (Ord. 3335 Sec. 2, 1998.) 5.45.180 REVOCATION, REJECTION AND HEARING. A) The F:...nee Manage City Clerk may revoke any Driver's Permit if he has there is reason to believe that the Driver: 1) Has been convicted of an offense of such nature as to indicate that he is unqualified or unfit to hold a Driver's Permit; 2) Is guilty of an offense in which mandatory suspension or revocation of the state-issued driver's License is provided by law; 3) Has been convicted of a felony since issuance of the Driver's Permit; 4) Has been convicted of driving while under the influence of alcohol or narcotics; or 5) Has violated any term of this chapter. B) The Finanee Manage City Clerk may revoke any Operator's License if he has there is reason to believe that the Operator has violated any provision of this chapter. C) Notice by the FinanEe Manager City Clerk of revocation or rejection of a Driver's Permit or an Operator's License shall be forwarded by certified mail to the holder of the Permit or License (the Holder), or the applicant, as the case may be. 1) If the Holder wishes to contest the revocation or rejection, he or she may do so by requesting a hearing before the City Code Enforcement Board. Such request shall be in writing and shall be filed with the Fesee Manage City Clerk on or before the expiration of ten-(4 ) fifteen (15) calendar days from the receipt of the Pinaftee Manager-' City Clerk's notice of revocation or rejection. The Holder shall have the right to present evidence and witnesses at the hearing. 2) The Code Enforcement Board shall have the authority to uphold, modify or reverse the decision of the Fineuqee Manager City Clerk. 3) The Holder shall have the right to appeal the decision of the Code Enforcement Board to the Sup n City Council. 4) Any revocation which is appealed shall be stayed pending final resolution of the appeal. (Ord. 3560 Sec. 43, 2002; Ord. 3335 Sec. 2, 1998.) 5.45.190 PASSENGERS. It is unlawful for any person to refuse to pay the fare for service rendered under the terms of this chapter. (Ord. 3335 Sec. 2, 1998.) 5.45.200 PENALTY. Any Operator, Driver, or passenger violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. (Ord. 3335 Sec. 2, 1998.) 5.45.210 DEPOT LICENSE AGREEMENT - When Required. Any Operator desiring to provide For-Hire Vehicle service at the Pasco Transportation Depot, located at 535 North First Avenue, Pasco, Washington, (the Depot) shall first enter into a written Depot license agreement with the City. The Depot license agreement shall grant the Operator priority use of a City- designated passenger pick up and drop off location on the Depot grounds. The Depot license agreement shall authorize the City to charge fees for and to regulate Depot use. Depot license agreements shall be non-exclusive. The City may deny issuance of a Depot license agreement in its sole discretion. No operator shall provide For-Hire Vehicle service from the Depot grounds except as provided herein. (Ord. 3335 Sec. 2, 1998.) 5.45.220 BUSINESS -LICENSE When ReqUiFed . If an Operator's pFinrsipal plae business is leeated within the City of Pasee, then the QperptAr q�all he required to obtain anA, Weense f-equired pufsuant to seetien 5.45.04006n. (Ord. 3560 See. 44, 2002; QFd. 3335 , 1998.3 Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of , 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE CITY OF PASCO SUMMARY ORDINANCE NO. and ORDINANCE NO. At a regular meeting held , 2008, the Pasco City Council adopted Ordinance No. ; an ordinance amending Section 3.07.050 Business Licenses and Ordinance No. an ordinance amending Chapter 5.45 For-Hire Vehicles. Ordinance amends the Pasco Municipal Code to update Business License fees associated with For-Hire Vehicles; Ordinance provides uniformity with RCW 46.72, RCW 46.72A and RCW 81.72, and clarifies administrative processing of licenses and permits for For-Hire Vehicles. Each Ordinance shall take effect five days after publication in the official newspaper of the City of Pasco. The full text of Ordinance No. and Ordinance No. are available for review and copying on the city website at www.pasco-wa.gov or will be mailed upon request from the City Clerk at 509-545-3402 or P. O. Box 293, Pasco, WA 99301-0293. Sandy Kenworthy, Deputy City Clerk i AGENDA REPORT FOR: City Council March 12, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, dminpi and Community Workshop Mtg.: 3/31/08 Services Director Regular Mtg.: 417108 SUBJECT: Schematic Design Services, Police Station and Court Facilities I. REFERENCE(S): 1. Amendment No. 1 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/31: Discussion 417: MOTION: I move to approve Amendment No. 1 to the April 17, 2007 Professional Services Agreement with CKJT Architects, authorizing schematic/design services not to exceed $122,850 for the Pasco Police Station and Municipal Court Facilities and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Capital Improvement Fund(2008 budget appropriated $100,000; additional funds available) IV. HISTORY AND FACTS BRIEF: A) On April 16, 2007 Council approved a professional services agreement with CKJT Architects for the preparation of a Municipal/Facility Work Space Needs Study. The study, which projects City office and facility needs for the next 30 years, identified the most pressing needs as being for housing the police and municipal court functions. This information was presented to the City Council on July 23, 2007. The 2008 budget (Capital Improvement Fund) includes $100,000 for schematic design of this project. B) As Council is aware, growth in the Police Department is such that existing facilities are no longer adequate (when the current facilities were first occupied police staff was 32; today the staff totals 77). The current lease with Franklin County for Municipal Court housing expires in 5 years and it has not been determined if renewal will be an option. C) To continue to define the future construction needs and costs, staff recommends as the next step, an amendment to CKJT's agreement to complete more specific and detailed design of a facility to meet these critical needs. The proposed scope of work will include planning for police and court facilities as independently constructible modules and analyze configuration alternatives (including the costibenefits of renovating the existing City Hall gymnasium, for example) to meet the required space needs. D) Staff recommends approval of Amendment No. 1 to CKJT Architects Professional Services Agreement with a cost not to exceed $122,850. 3(f) AMENDMENT NUMBER 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and CKJT Architects entered into a Professional Services Agreement on April 17, 2007, with respect to professional services for a Municipal/Facility Work Space Needs Study; NOW,THEREFORE,this agreement is amended to allow CKJT Architects to provide additional architectural consulting/design services as described on Attachment A, dated March 11, 2008. 1. Scope of Work: Scope of Work includes schematic design services for the Pasco Police Station and Municipal Court Facilities. 2. Fee: The compensation for the work is a lump sum amount of$122,850. (15% of A/E fee listed is the construction estimate included in the completed Work Space Needs Study) 3. Time of Performance: The services shall be complete for the project on or before December 31, 2008. DATED THIS DAY OF , 2008. CITY OF PASCO: CONSULTANT: CKJT ARCHITECTS By: City Manager Title: CKJT Architects 1 Amendment No. 1 Professional Services Agreement—Municipal/Facility Work Space Needs Study Attachment "A" skit architects - a.i.a. March 11, 2008 Mr. Stan Strebei City of Pasco 525 N. 3rd Pasco, WA 99301 Re: Schematic Scope of Work Dear Mr. Strebel, CKJT Architects,for a lump sum fee of$122,850.00, proposes to amend our Contract of the Municipal/Facility Work Space Needs Study to include the attached scope of work for schematic design of the Pasco Police Station and Municipal Court Facilities. We have great enthusiasm for this project, and are eager to begin in order to complete the work by year's end, 2008. Regards, CKJT Architects James A. Taylor /krs Attachment-1 Brian I,johnson, a.i.a. james a. taylor, a.i.a. 128 vista way kennewick,washington 99336 509/783-5444 March 11,2008 CKJT Architects Pasco Police Station and Municipal Court Facilities Schematic Desion Scone of Work Based upon the needs identified in applicable sections of a report prepared by CKJT Architects, titled "City of Pasco Municipal/Facility Workspace Needs Study", the Architect will perform the following activities: 1) The Architect will review the aforementioned report with City staff as designated by the Owner to identify any additions and/or changes required. 2) The Architect will review with the Owner,alternative approaches to design and construction of the project, specifically studying the possible renovation of the existing civil center gymnasium into the police station. 3) Planning for police station and municipal court facilities as independently constructible modules,the Architect will prepare,for approval of the Owner,schematic design documents consisting of site plans, floor plans, exterior elevations,building sections and other relationships of project components. 4) The Architect will prepare a preliminary code analysis and determination of construction type and materials. 5) The Architect will submit to the Owner, a preliminary estimate of construction cost based on area and construction systems proposed. G) The Architect will prepare preliminary, and final,three-dimensional computer renderings of the proposed design. 7) The Architect will make presentations of proposed design when requested by the Owner. 8) The architect will incorporate in his fee,all reimbursable expenses associated with this scope of work. AGENDA REPORT FOR: City Council March 24, 2008 TO: Gary Crutchfi Manager FROM: Stan Strebel, A A�stive and Community Workshop Mtg.: 3131/08 Services Di Regular Mtg.: 4/7/08 SUBJECT: Resolution Authorizing Grant Application for Sacagawea Heritage Trail Funding I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/31: Discussion 417: MOTION: I move to approve Resolution No. authorizing application for federal funding assistance for the Sacagawea Heritage Trail Phase 3. III. FISCAL IMPACT: Grant Application of$400,000 is anticipated. IV. HISTORY AND FACTS BRIEF: A) The 2008 — 2013 Capital Improvement Plan approved by Council anticipates Phase 3 of the Heritage Trail project as lowering of the USACE levee 12-2 between Road 54 and Road 72 and the reinstallation of the trail on the wider, lowered levee. B) Staff anticipates project cost of approximately $800,000, half of which could be funded by a grant from the Federal Land and Water Conservation Fund. Grant applications, which are due May 1, must include a form of the attached resolution authorizing the application and acknowledging grant requirements. Staff recommends approval of the resolution. 3(9) City of Pasco RESOLUTION NO. Sacagawea Heritage Trail Phase 3 Funding Application A RESOLUTION authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund (LWCF) program project to the Recreation and Conservation Office (RCO) as provided in the LWCF Act of 1965, as amended. WHEREAS, the City of Pasco has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, the City considers it in the best public interest to complete the land acquisition and/or development project described in the application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The City Manager be authorized to make formal application to the Recreation and Conservation Office for funding assistance; SECTION 2: Any fund assistance received be used for implementation of the project referenced above; SECTION 3: The City hereby certifies that its share of project funding is committed and will be derived from the City Capital Improvement Fund; SECTION 4: The City acknowledges that it is responsible for supporting all non-cash cornmitments to this project should they not materialize; SECTION 5: The City acknowledges that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB)must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by the City, RCFB, and the National Park Service; SECTION 6: This resolution becomes part of a formal application to the Recreation and Conservation Office; SECTION 7: The City provided appropriate opportunity for public comment on this application; and SECTION 8: The City acknowledges that LWCF grants are federal funds and, as such, the City must comply with all applicable federal laws. PASSED by the City Council of the City of Pasco this day of 2008. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney AGENDA REPORT FOR: City Council March 20, 2008 TO: Gary Crutchfi it Manager FROM: Stan Strebel, mi 's a and Community Workshop Mtg.: 3/31/08 Services Direc or Regular Mtg.: 4/7/08 SUBJECT: Real Estate Purchase Adjacent Highland Park I. REFERENCE(S): 1. Location Map 2. Resolution 3. Purchase and Sale Agreement(Council packets only; copy available in Administrative and Community Services office, the Pasco Library or on the city's website at www.pasco-wa.aov for public review.) II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/31: Discussion .4/7: Motion: I move to approve Resolution No. approving the purchase of property adjacent to Highland Park. III. FISCAL IMPACT: $88,000 - Park Development (District 2) Fund. IV. HISTORY AND FACTS BRIEF: A) Highland Park is located at the intersection of Wehe and Broadway in East Pasco. Whittier School is located to the north of the park. The 10 acre park was built in the 1960's and has had modest upgrades in the last couple of years. The park includes a football field, which is used by the Pasco Grid Kids for football games and practices. Last year the football field was renovated with the help of Grid Kid volunteers and City forces. B) City staff has been approached by representatives of the Grid Kids asking the City to consider if additional football practice fields might be made available at Highland Park. The park contains a softball field, which is not well used, however, it is not large enough to be converted to a standard football field. Property adjacent and to the west of the park is available for purchase and could be developed with additional football practice and play areas. C) The Park Development District No. 2) Fund, which includes Highland Park, has a balance in excess of $300,000 available for acquisition and development of new/expanded facilities in the neighborhood. Staff proposes to purchase the adjacent 3.4 acres (4 parcels, see map) which can thereafter be planned and developed to accommodate additional football/park use. The City has a purchase and sale agreement in place contingent on Council's approval of the purchase. 3(h) tit Mal I AM% . L D ' 1 • 1 RESOLUTION NO. A RESOLUTION approving the purchase of certain real property by the Park Development Fund. WHEREAS, the City of Pasco provides park and recreation facilities designed to serve the community; and WHEREAS, the Park Development Fund has been established to provide for the acquisition and development of park facilities as the community grows; and WHEREAS, tracts of land adjacent to Highland Park are available for purchase for the expansion of said park and a professional evaluation of the site's value indicates the proposed sale price to be appropriate; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: That City Council hereby approves the purchase of that real property legally described in Exhibit A attached hereto and made a part hereof, in the amount of $88,000, by the Park Development Fund. SECTION 2: The City Manager is hereby authorized to execute all documents necessary and appropriate to consummate the purchase approved herein. PASSED by the City Council of the City of Pasco this day of April, 2008. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney Exhibit "A" Parcel A: All of Block 161, Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, Page 39, records of Franklin County, Washington. Together with the south half of vacated Shoshone Street, adjacent thereto. Parcel B: Lots 1 through 12, Block 162,Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, Page 39, records of Franklin County, Washington. Together with the southerly half of vacated Broadway Street adjoining and together with the west half of north/south alley adjoining, and together with the north half of vacated Shoshone Street, adjoining thereto. Parcel C: Lots 14 through 16, Block 162, Pasco Land Company's First Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats, page 39, records of Franklin County, Washington. Together with the southerly half of vacated Broadway Street adjoining and together with the east half of north/south alley adjoining. Parcel 1: Block 163, Pasco Land Company's 1St Addition to Pasco, Washington, according to the plat thereof recorded in Volume B of Plats,page 39, records of Franklin County, Washington. Together with the north half of vacated Yakima and Broadway Streets adjacent thereto and together with the vacated north/south alley adjacent thereto and together with that portion of vacated Montana which attaches by operation of law. Form 25 Vacant Land Purchase 8 Sale ©Copyright 2007 Revised 10107 Northwest Multiple Listing Service Page 1 of 5 ALL RIGHTS RESERVED VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 1. Date: January 16 2008 MLS No.: 2. Buyer: CITY OF PASCO 3. Seller: ED THZI3SS$N 4. Property: Tax Parcel No(s).: Franklin Street Address:NKA BROADWAY County) Legal Description: Attached as Exhibit A. PASCO Washington 99301 5. Purchase Price: $23,000.00 6. Eamest Money: (To be held by ❑ Selling Broker; ® Closing Agent) Personal Check: $1,000.00 Note: $ Other{ ): $ 7. Default: (check only one) ® Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 8. Disclosures in Form 17 or 17C: Buyer will ❑ ;will not ❑ have a remedy for Sellers negligent errors, inaccuracies, or omissions in Form 17 or 17C 9. Title Insurance Company: FRONTIER TITLE AND ESCROW 10. Closing Agent: ❑a qualified Closing agent of Buyers choice; ® FRONTIER TITLE AND ESCROW 11. Closing Date: March 17, 2008 12. Possession Date: ® on Closing; ❑Other 13. Offer Expiration Date: Ta ary 18, 2008 14. Services of Closing Agent for Payment of Utilities: Q Requested(attach Form 22K 15. Charges and Assessments Due After Closing: � E]Waived g: ❑ assumed by Buyer; El in full by Seller at Closing 16. Subdivision: The Property ❑ is subdivided; ❑ must be subdivided on or before p is not legally required to be subdivided 17. Feasibllity Contingency Expiration Date: ® 45 days after mutual acceptance; ❑Other 18. Agency Disclosure: Selling Licensee represents ❑ Buyer; ❑ Seller; ® both parties; El neither party Listing Agent represents ❑Seller; ❑ both parties 19. Adden :CONTINGENT ON CITY OF PASCO BOARD APPROVAL. Bute n T F PASCO eller s Signature ED THIESSEN Date Buyers Signature Date Seller's Signature • 7. .h :y` Date Buyer's Address Lr4'� sc�, City,State,Zip � C� j ity,State,Zip LL Phone Fax Phone Fax Buyer's E-mail Address Seller's E-mail Address Century 21 Columbia Real Estate Selling Broker Ceatu 21 Columbia Real Estate DAVID GRESNO MLS Office No. Listing Broker MLS Office No. Selling Licensee(Print) DAVID GREENO (509)544-2100 Listing Agent(Print) (509)544-6160 (509)544-2100 (509)544-6160 Phone Fax Century.21 Columbia Real Estate 3901 W.Court St.,Suite A, Pasco WA 99301 Phone Fax Phone:509-544-2100 Fax: 509-544-6160 Robert Greeno Produced with ZipFormTM by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.zioform.com EAGLE POINT PR Form 25 VACANT LAND PURCHASE AND SALE AGREEMENT ©Copyright 2007 Vacant Land Purchase 8 Sale Revised 10!07 GENERAL TERMS Northwest Muldple Listing Service Page 2 of 5 (continued) ALL RIGHTS RESERVED a. Purchase Price. Buyer agrees to pay to Seller the Purchase Price,including the Earnest Money, in cash at Closing, 1 unless otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in 2 accordance with this Agreement and is not relying on any contingent source of funds or gifts,except to the extent 3 otherwise specified in this Agreement. 4 b. Earnest Money. Buyer agrees to deliver the Earnest Money within 2 days after mutual acceptance of this Agreement 5 to Selling Licensee who will deposit any check to be held by Selling Broker,or deliver any Earnest Money to be held 6 by Closing Agent,within 3 days of receipt or mutual acceptance,whichever occurs later. If the Earnest Money is held 7 by Selling Broker and is over$10,000.00 it shall be deposited into an interest bearing trust account in Selling Broker's 8 name provided that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees,will g be paid to Buyer. Buyer agrees to reimburse Selling Broker for bank charges and fees in excess of the interest 10 earned, if any. If the Earnest Money held by Selling Broker is over$10,000.00 Buyer has the option to require Selling 11 Broker to deposit the Earnest Money into the Housing Trust Fund Account,with the interest paid to the State 12 Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an iRS Form W-9 before 13 Selling Broker must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest Money shall 14 be deposited into the Housing Trust Fund Account.Selling Broker may transfer the Earnest Money to Closing Agent at 15 Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid,the Selling 16 Broker or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to:(1)provide 17 written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Licensees i8 at the addresses and/or fax numbers provided herein; and(2)commence an interpleader action in the Superior Court 19 for the county in which the Property is located within 30 days of a party's demand for the Earnest Money(and deduct 20 up to$250.00 of the costs thereof)unless the parties agree otherwise in writing. 21 c. Condition of Title. Unless otherwise specified in this Agreement,title to the Property shall be marketable at Closing. 22 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, presently of record and general to the area;easements and encroachments, not materially affecting the value of or 24 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 25 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall 26 be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate Contract,the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey 28 after acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent,at Seller's expense, to apply for the then-current 29 ALTA form of standard foram owner's policy of title insurance,with homeowner's additional protection and inflation 30 protection endorsements if available at no additional cost,from the Title Insurance Company. If Seller previously 32 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 33 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance agrees to pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send 34 a copy of the preliminary commitment to Seller, Listing Agent, Buyer and Selling Licensee.The preliminary 35 commitment,and the title policy to be issued,shall contain no exceptions other than the General Exclusions and 36 Exceptions in said standard form and Special Exceptions consistent with the Condition of Title herein provided. If title 38 cannot be made so insurable prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money 39 shall,unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific 41 performance or damages as a consequence of Seller's inability to provide insurable title. e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing"means the 42 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 44 Saturday,Sunday,or legal holiday as defined in RCW 1.16.050,the Closing Agent shall close the transaction on the next day that is not a Saturday,Sunday, or legal holiday.Buyer shall be entitled to possession at 9:00 m_ on the 45 Possession Date. Seller agrees to maintain the Pro p 46 Property in its present condition, normal wear and tear excepted, until 47 the Buyer is entitled to possession. f. Section 1031 Like-Kind Exchange. if either Buyer or Seller intends for this transaction to be a part of a Section 1031 49 like-kind exchange,then the other party agrees to cooperate in the completion of the like-kind exchange so long as 50 the cooperating party incurs no additional liability in doing so,and so long as any expenses(including attorneys'fees 51 and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the 52 Initials: BUYER: DATE: SELLER ? DATE: 01/16/2008 53 BUYER: DATE; SELLER: DATE: 54 JProdu. wlhZipFormT by RE FormsNet,LLC 18025 Fifteen Mile Roa , inton Township,Michigan 48035 www.zi f --- 01•co?s EAGLE POINT PR Form 25 VACANT LAND PURCHASE AND SALE AGREEMENT Vacant Land Purchase&Sale ©Copyright 2007 Revised 10107 GENERAL TERMS Northwest Multiple Listing Service Page 3 of 5 (continued) ALL RIGHTS RESERVED cooperating party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement,any party 55 completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity 56 set up for the purposes of completing a reverse exchange. 57 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 58 escrow fee unless otherwise required by applicable FHA or VA regulations.Taxes for the current year, rent, interest, and lienable homeowner's association dues shall be prorated as of Closing. Buyer agrees to pay Buyer's loan costs, 50 including credit report,appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If 60 any payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay 62 such delinquencies at Closing from money due,or to be paid by,Seller. Buyer agrees to pay for remaining fuel in the 63 fuel tank if, prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. 64 Seiler agrees to pay all utility charges, including unbilled charges. Unless waived in Specific Term No. 14, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 5 accordance with RCW 60.80 and Seller agrees to provide the names and ddresses of all utilities providing service to 66 the Property and having lien rights(attach Form 22K Identification of Utilities or equivalent).Buyer is advised to verify the existence and amount of any local improvement district,capacity or impact charges or other assessments B9 that may be charged against the Property before or after Closing. Seller will pay such charges that are encumbrances 70 at the time of Closing, or that are or become due on or before Closing. Charges levied before Closing, but becoming 71 due after Closing shall be paid as agreed in Specific Term No. 15. 72 h. Sale information. The Listing Agent or Selling Licensee is authorized to report this Agreement(including price and all 73 terms)to the Multiple Listing Service that published it and to its members,financing institutions,appraisers, and 74 anyone else related to this sale.Buyer and Seller expressly authorize all Closing Agents,appraisers,title insurance companies,and others related to this Sale,to furnish the Listing Agent and/or Selling Licensee, on request,any and 76 all information and copies of documents conceming this sale. i. FIRPTA-Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification(Form 22E 78 or equivalent)that Seller is not a "foreign person"within the meaning of the Foreign Investment in Real Property Tax 79 Act. Seller agrees to sign this certification. if Seller is a foreign person, and this transaction is not otherwise exempt 80 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 81 j. Notices. Inconsideration of the license to use this and companion forms and for the benefit of the Listing 82 Agent and the Selling Licensee as well as the orderly administration of the offer,counteroffer or this agreement,the 83 parties irrevocably agree that unless otherwise specified in this Agreement,any notice required or permitted in,or related to,this Agreement(including revocations of offers or counteroffers)must be in writing. Notices to Seller must 84 be signed by at least one Buyer and shall be deemed given only when the notice is received by Seller,by Listing 86 Agent or at the licensed office of Listing Agent. Notices to Buyer must be signed by at least one Seiler and shall be 87 deemed given only when the notice is received by Buyer, by Selling Licensee or at the licensed office of Selling 88 Licensee.Actual receipt by Selling Licensee of a Form 17 or 17C(whichever is applicable), Public Offering Statement or Resale Certificate, homeowners'association documents provided pursuant to Form 22D,or a 89 preliminary Commitment for title insurance provided pursuant to Form 22T shall be deemed receipt by 90 Buyer. Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either 91 phoning the party or causing a copy of the notice to be delivered to the party's address shown on this Agreement_ 93 Buyer and Seller must keep Selling Licensee and Listing Agent advised of their whereabouts in order to receive prompt notification of receipt of a notice. 94 k. Computation of Time. Unless otherwise specified in this Agreement, an 95 in this Agreement shall start on the day following the event commencing the period and hall expire at 9:00 P.M.of the d 996 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday,Sunday 98 or legal holiday as defined in RCW 1.16,050, the specified period of time shall expire on the next day that is not a 99 Saturday, Sunday or legal holiday.Any specified period of 5 days or less shall not include Saturdays, Sundays or 100 legal holidays. If the parties agree that an event will occur on a specific calendar date,the event shall occur on that 101 date, except for the Closing Date,which, if it falls on a Saturday,Sunday or legal holiday as defined in RCW 1.16.050, shall occur on the next day that is not a Saturday, Sunday,or legal holiday. If the parties agree upon and 102 attach a legal description after this Agreement is signed by the offe ee and delivered to the offeror, then for he 103 purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or 105 counteroffer to the offero rather than on the date the legal description is attached.Time is of the essence of this Agreement. 106 Initials: BUYER: 107 DATE: r-�7._�� SELLS DATE: 01/16/200$ 108 BUYER: DATE: SELLER: DATE: 109 Produ with ZipForrn° by RE FonmsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.zioform.com EAGLE POINT PR • I Form 25 VACANT LAND PURCHASE AND SALE AGREEMENT ©Copyright 2007 Vacant Land Purchase&Sale GENERAL TERMS Northwest Multiple listing Service Revised 10107 ALL RIGHTS RESERVED Page 4 of 5 (Continued) I. Facsimile or E-mail Transmission. Facsimile transmission of any signed original document, and retransmission of 110 any signed facsimile transmission, shall be the same as delivery of an original.At the request of either party, or the 111 Closing Agent,the parties will confirm facsimile transmitted signatures by signing an original document. E-mail trans- 112 mission of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in 113 writing. 114 m. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all prior or 115 contemporaneous understandings and representations. No modification of this Agreement shall be effective unless 116 agreed in writing and signed by Buyer and Seller. 117 n. Assignment. Buyer may not assign this Agreement,or Buyer's rights hereunder,without Seller's prior written 118 consent, unless the parties indicate that assignment is permitted by the addition of"and/or assigns"on the line 119 identifying the Buyer on the first page of this Agreement. 120 o. Default. In the event Buyer fails,without legal excuse, to complete the purchase of the Property,then the following 121 provision, as identified in Specific Term No. 7, shall apply: 122 L Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent(5%)of the 123 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 124 ii. Seller's Election of Remedies. Seller may,at Seller's option, (a)keep the Eamest Money as liquidated damages 125 as the sole and exclusive remedy available to Seller for such failure,(b)bring suit against Buyer for Seller's actual 126 damages, (c)bring suit to specifically enforce this Agreement and recover any incidental damages, or(d)pursue 127 any other rights or remedies available at law or equity. 128 p. Professional Advice and Attorneys'Fees_ Buyer and Seiler are advised to seek the counsel of an attorney and a 129 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees 130 incurred for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the 131 prevailing party is entitled to reasonable attorneys'fees and expenses. 132 q. Offer. Buyer agrees to purchase the Property under the terms and conditions of this Agreement. Seller shall have 133 until 9:00 p.m.on the Offer Expiration Date to accept this offer, unless sooner withdrawn_Acceptance shall not be 134 effective until a signed copy is actually received by Buyer, by Selling Licensee or at the licensed office of Selling 135 Licensee. If this offer is not so accepted, it shall lapse and any Eamest Money shall be refunded to Buyer. 136 r. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of the Seller's 137 name, shall be considered a counteroffer. if Seller makes a counteroffer, Buyer shall have until 9:00 p.m.on the 138 counteroffer expiration date to accept that counteroffer, unless sooner withdrawn.Acceptance shall not be effective 139 until a signed copy is actually received by Seller, by Listing Agent or at the licensed office of Listing Agent. if the 140 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 141 s. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the offer/ counteroffer shall expire 2 days after the offer/counteroffer is delivered b the a 142 unless sooner withdrawn. Y party making the offer/counteroffer, 143 144 t. Agency Disclosure. Selling Broker represents the same party that Selling Licensee represents. Listing Broker repre- 145 sents the same party that the Listing Agent represents, if Selling Licensee and Listing Agent are different salesper- 146 sons affiliated with the same Broker,then both Buyer and Seller confirm their consent to that Broker representing 147 both parties as a dual agent. If Selling Licensee and Listing Agent are the same salesperson representing both 148 parties then both Buyer and Seller confirm their consent to that salesperson and his/her Broker representing both 149 parties as dual agents.All parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 150 u. Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement 151 to which they are a party.The Listing Broker's commission shall be apportioned between Listing Broker and Selling 152 Broker as specified in the listing, Seller and Buyer hereby consent to Listing Broker or Selling Broker receiving 153 compensation from more than one party. Seller and Buyer hereby assign to Listing Broker and Selling Broker,as 154 applicable,a portion of their funds in escrow equal to such commission(s)and irrevocably instruct the Closing Agent 155 to disburse the commission(s)directly to the Broker(s). In any action by Listing or Selling Broker to enforce this paragraph,the prevailing party is entitled to court costs and reasonable attomeys'fees. Seller and Buyer agree that 156 the Licensees are intended third party beneficiaries under this Agreement. Y g 157 158 Initials: BUYER: DATE I -•zz-ail SELLS DATE: 01116/2008159 __V_BUYER: DATE: SELLER: DATE: 160 Produced with ZipForrn TM by RE FormsNet,LLC 18025 Fifteen We Road,Clinton Township,Michigan 48035 wwwzioform.com EAGLE POINT'PR Form 25 VACANT LAND PURCHASE AND SALE AGREEMENT ©Copyright 2007 Vacant Land Purchase 8 Sale Revised 10!07 GENERAL TERMS Northwest Multiple Listing Service Page 5 of 5 (continued) ALL RIGHTS RESERVED v. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 161 identified in Specific Term No. 17 whether or not the Property can be platted,developed and/or built on(now or in 162 the future)and what it will cost to do this. BUYER SHOULD NOT RELY ON ANY ORAL STATEMENTS concerning 163 this made by the Seller, Listing Agent or Selling Licensee. Buyer should inquire at the city or county,and water, 164 sewer or other special districts in which the Property is located. Buyer's inquiry should include, but not be limited to: 165 building or development moratoriums applicable to or being considered for the Property;any special building 166 requirements, including setbacks,height limits or restrictions on where buildings may be constructed on the 167 Property;whether the Property is affected by a flood zone, wetlands, shorelands or other environmentally sensitive 168 area;road, school,fire and any other growth mitigation or impact fees that must be paid; the procedure and length of 169 time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and utility and any service 170 connection charges;and all other charges that must be paid. Buyer and Buyers agents, representatives, 171 consultants,architects and engineers shall have the right,from time to time during the feasibility contingency, to 172 enter onto the Property and to conduct any tests or studies that Buyer may need to ascertain the condition and 173 suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and all improvements on the 174 Property to the same condition they were in prior to the inspection. Buyer shall be responsible for all damages 175 resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice to the 176 contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 17, it shall be 177 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 178 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 179 w. Subdivision. If the Property must be subdivided,Seller represents that there has been preliminary plat approval for 180 the Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the date specified in Specific Term 16. If the final plat is not recorded by such date,this Agreement shall terminate 181 182 and the Earnest Money shall be refunded to Buyer. x. Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 183 acceptance to verify all information provided from Seller or Listing Agent related to the Property. This contingency 185 shall be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days 186 of mutual acceptance. if Buyer gives timely notice under this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer and Seller agree,that except as provided in this Agreement,all 387 representations and information regarding the Property and the transaction are solely from the Seller or Buyer, and 388 not from any Licensee.The parties acknowledge that the Licensees are not responsible for assuring that the parties 190 perform their obligations under this Agreement and that none of the Licensees have agreed to independently investigate or confirm any matter related to this transaction except as stated in this Agreement,or in a se pa 191 writing signed by such Licensee. In addition, Licensees do not guarantee the value,quality or condition of the 192 Property and some properties may contain building materials, including siding, roofing, Ceiling, 93 and plumbing,that have been the subject of lawsuits and/or governmental inquiry because of ossible defects 194 health hazards.Some properties may have other defects arising after construction, such as drainage, leakage,pest, 195 rot and mold problems. Licensees do not have the expertise to identify or assess defective products, materials,or 196 conditions. Buyer is urged to retain inspectors qualified to identify the presence of defective materials and 197 evaluate the condition of the Property. Licensees may assist the parties with locating and selecting third a 198 providers,such as inspectors or contractors, but Licensees cannot guarantee or be responsible for the services 199 provided by those third parties.The parties agree to exercise their own judgment and due diligence regarding 200 third-party service providers. 201 y. Disclosures in Form 17 or 17C. If Seller provides Buyer with a disclosure statement pursuant to RCW 64.06(Form 203 17 or 17C,whichever is applicable)and if, in Specific Term No. 8,the parties agree that Buyer will have a remedy 204 for economic loss resulting from negligent errors, inaccuracies,or omissions in Form 17 or 17C,then Buyer may 205 bring an action in tort for negligent misrepresentation against Seller based upon the disclosures in Form 17 or 17C. Nevertheless, Buyer is advised to use due diligence to inspect the Property to Buyer's satisfaction,as Seller may not 206 know or have reason to know of defects that Careful inspections might reveal. If, in Specific Term No. 8,the parties 207 p agree that Buyer will not have a remedy for economic loss resulting from negligent errors, inaccuracies, or 208 omissions in Fomn 17 or 17C,then Buyer assumes the risk of economic loss that may result from Seller's ne li ent 209 misrepresentation in Form 17 or 17C. Buyer maintains the right to bring any and all claims permitted under the 210 common law, including fraud Buyer and Seller acknowledge that home protection plans may be available which may 212 provide additional protec' nd benefit to Buyer and Seller. initials: BUYER: DATE: SELLS ° BUYER: - DATE: 213 _01/I6/2008 214 DATE: SELLER: DATE: _ Produced with ZpForrn—by RE FormsNet.LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 wwwziuforrr corn 215 EAGLE POWT PR 1=o'm No:34 ©Copyright 1996 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.5/96 ALL RIGHTS RESERVED Page 1 of i ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated January 16 2008 1 between CITY OF PASCO ('Buyer") 2 and ED THIESSEN ("Seller") 3 concerning NKA BROADWAY, PASCO, WA 99301 ("the Property"). 4 IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:THE CLOSING DATE IS EXTENDED 5 TO NO LATER THAN 4-11-08. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ALL OTHER TERM AND CONDTIONS of said Agreement remain unchanged. 25 AGENT(COMPANY) G-enttin 26 BY: 27 Initials: BUYER:----) DATE: 3 �� �`0 '�/ SELLER DATE:J lZ�)—,0, 28 BUYER: DATE: SELLER: DATE: 29 Century 21 Columbia Real Estate 3901 W.Court St.,Suite A, Pasco WA 99301 Plione:509-544-2100 Fax: 509-544-6160 Robert Greeno EAGLE POINT PR Produced with ZipForm'"by RE FormsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.zipform.com 2/6 From:COLliNB714 REAL ESTATE 15095446180 U1/161200B 12:58 9203 P.007/008 Form 25 Vacant Land Purchase&Sale R �AYr19hi 2007 Revised 10/07 Narlhwest MU16ple Usling Service Page t of 6 ALL RIGHTS IESERVEO VACANT LAND PURCHASE AND SALE AGREEMENT' SPECIFIC TERMS 1_ Daf9: 7tsavar�r 16 2008 MLS 2. Buyer No.: 3. Seller: cz�t ar rxsco `�-- 4. Property. Tax Parcel No(s).;122_101-OIO EAGL$ PO T YROPBRTTES LLC Street Address-,NKA BROADWAY Franklin County) Legal DascriA6an: Attached as Ettlibit A, PASCO 1P/a5ll1ngtorl 54301 S. Purchase Price: S 65,000.00 6, Earnest Money_ (To be held by 0 Selling Broker, g Ctosfng Agent) Personal Check- $y,011 0.a 0 Note: Other(�� ). S 7• DQfault; (tJteck only one) 0 Forfelture of Earnest money; 8_ Disclosures in Form 17 ar l7C: Su er will 6elter's Ciaction of Remedies or orrllsston,In Form 17 or 17C y 0'wtll not [,`I have remedy for Sepers rte li 9 gent errors,Inaccuracies, 9. Tale Insurance Company: ERONTMR TITI:tZ AtW ESCROW 10, ctosfng Agent: Q a qualified closing agent of Buyer's choice; ®FRON2IER TITLE AM ESCROOP 11. Cfosing Date:DSax-ch 17. 2 0 0 a 12- Possesslon Dato: ®an Closing; Cl Other 13. Offer CJ[pfratlon Date: .xasiuz r Zg, 2008 14. Sarvires of Closing Agent for-Paytnent of Utilities: 0 Requested(attach Form 22K; 15. Charges and Assessments Due After Clvsln ) ❑waived 16. Subdivision: The Property s' ❑assumed by Buyer, p prepald in foil by Seller at Closing P nY ❑is subdlvidad; t]must be subdivided on orbafary p is not legally required to be Subdivided 17. Feasibfllty C1xttingency Expiration Date: g� 45 days aftermutuai acceptance; 0 Other 18- Agency Disclosure: Sellfn Licensee re resents 9 P []Buyer, Lj Seiler; ®both parties; Luling Agent represents ❑neither party 19. Adden ❑Seller; p both parties GENT N CITY OF paBCO VOARD APPROVAL. BWyC{9 .a F PA Al C--( - Q Dal Sefl&!;Signature EAGLE POINT PROF gx LLC Date Sugar SNjrlalure r7 Data Seller tr Slgrtaturo Date 9uyer'SAddress ���iSt`c7 L Ert� t _nllersAddress 01y,SI010,Zip r ,yam h.Mesta, Fax hone Buys f1 ' Fax -1�areltAddrosS r - rJ r? Sellcr'6 E-tnaQ dress to 7. Ca u 9aI E re a Se[ling Broker Cen 21 e1v is Rea MLS QUe No. Listng Braker tale MLS Office No. 3elling Lfeensee(Print) D GR7�E 5119 7 544-2IDa 11-InBAgenl(PrJnf) hone [5037544-6 16t] t509)541-2200 nnlurY 21 Cnfumbia Rca!ZZMTQ 390 t W-CaUrt St.,Suite A. Fasces W Fax . Phone 5097 S44_G1bD "10= 09-544-2190 r3x:S09.544-b]ti6 A59301 Fax pradir,zd Fu Wsh a 4- tZ bQt cgeen0 Z1PE rm by RE FormsNet.LLC 1s025 FWtaen]dlie Feed,Clinton TowAS'OA WCtI90n 49035 EALiLFP�INf PR YYr}aiGa'lofann.eam 3/6 Fron:COLt1HHIA REAL ESTATE 509544618II 01I16f2a0i3 1 :58 nE03 P.Of]3/006 Perm 25 VACANT LANE) PURCHASE AND SALE AGREEMENT Vacant Lend Purchase&Sale 0 Copyrlgtyt 2007 Revtsed 10f07 GENERAL TERMS, NorthwestMWIlpfe Liseng service Page 2 of 5 (Continued) ALL RIGt![S RESERVED a Purchase Price, Buyer agrees to pay to-Seller the Purchase Price,Including the Eamest Money,in cash at Closing, 1 unless a ce with specified in this Agreerifent Buyer represents that Buyer has suMclent funds to Close this sale in accordance with this Agreement and Js not relying on any contingent source of funds crglfts,except to the extent Z otherwise specified in this Agreement. 3 b. Earnest Money.- Buyer agrees to deliver the Earnest Money within 2 days after mutual acceptance of this Agreement g to Selling Litensae who will deposit any chock to be held by SGlling Broker,or deliver any E3tn8$t Money to be held 6 by Closing Agent,within 3 dttys of receipt or mulual acceptance,Whichever occurs later.If the Carne&t Money is held 6 by Sailing Broker al:d is over$10,000,t}0 it shall be deposited into an interest bearing bust account in Selling Broker's g name provided that Buyer completes an iRS Form W.9.Interest,if any,after deduction of bantt charges and fees,will be paid to Buyer.Buyer agrees to reimburse Sefling Broker for bank Charges and fees in¢xcess of the interest 9 eamed,if any.If the Earnest Money held by Selling Broker Is over$10,000,00 Buyer has the option to require Selling 1 a Brokerto deposit the Earnest Money into the Housing Trust Fund Account,with the interest.paid to the State Treasurer,iT bath Seller and Buyer so agree in Writing•if the Buyer does not complete an IRS Forth W-9 be fore 12 Seillnq Broker must deposit the Eamest Money or the Eamest lUEoney is$10,000.00 or Less,ilia Earnest Money shall 14 be deposited]rile the Housing Trust Fund Account Selling Broker may transfarthe Earnest Money to Closing Agent at 15 Closing.If all or part of the Eames(Mloney iz tabu refunded to Buyer and any such cots remain unpaid,the Selling 15 Broker or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to:(1)pr0 de written verification at receipt of the Lamest Money and notke of dishonor of any check to the parties and Li+aensee5 7 at the addresses and/or fax numbers provided herein;and(;?)commence an intarpleader action in the Superior Court 1 g far toe county in which the Property is located within;3a days of a party'$demand for the Eamest Money(and deduct 2Q up to$2„50.00 of the costs thereof] unless the parties agree atherwise In wrlling. c. Condition of Title, Unlessatherwisa 21 specified in 1h;y Agreement,We to 11te Properly sh81l be marketable at Closing. �Z The 1-ailov+ing shall not cause the flfie to be unmarketable;fights,reservations,covenants,canditlorts and restrtcfJons, Presently atrocord and general to the area;easements and encroachments,net materially alfecdnq the value of or. 24 unduly interfering with Buyer's reasonable use of Ura Properly;and reserved oil andlor mining rights.Monetary 25 encumbrances or liens not assumed by Buyer,snail be paid or discharged by Setter on ar before Closing_Tide shaft 25 be conveyed ct a Statutory Warranty peed.if this Agreement is for conveyance of a buyer's interest In a Reel Estate Contract the Statcrtcry Warranty peed shall Include a buyer's assignment of the contract sufficient to convey 28 alter acquired U00.If the Property has been short plaited,the Short Plat number is In the l egal llesfician t d. Title Insurance. Seiler authorizes buyers tender or Clasing Agent,at sellers expense,to apply for the then-current 29 ALTAfo'rrn ofslandard form owner's policy of title insurance,will'homeownar's additional protection and inflation 30 protection endorsements If avaflable at no additional cost,from the Title insurance Company.If Seller previously 32 received a prellrnlnary commitment from a Tate insurance Company that Buyer declines to use,Buyer shall pay any 33 cancellation fees owing to the original Title insurance cGmpany.Otherwise,the party applying for title lftsurance agrees to pay any tide cancellation lee,in the svr3nt such a fee is asst ssad,The Title insurance Company shall send 35 a copy of the preliminary commitment to-Seller,Listing Agent,Ouyer and Selling Licensee.The prelinvnary commiment,and the tide policy to be issued,shall contain no exceptions otberthan the General Exclusions and 36 Exceptions in said standard form and Special Exceptions conslslentwith the Condition ofTitla herein provided. If tide 3$ cannot he made so insurable prior to the Closing Date,then as Buyers sole and exclusive remedy,the Earnest Money 39 shall,unless Buyer elects to walve such defects or encumbrances,be refunded to the Buyer;less any unpaid costs 40 dQscrfbetJ in this Agreement,and this Agreementshall thereupon be terminated.Buyer shall have no right to specltic 41 performance or damages as a consequence of Seller's inability to provide lnsuraLrle litle, a, Cloaing and Possession. This sale shall be closed b the Closing 42 date on which all dl)Wmenls are recorded and the sale proceeds are available to Sellornlf thalClosing(Date fats on a 44 SaWrday,Sunday,or legal holiday as defined In RCW 1.16.050,the Closing Agent shalt close the tlansactlon on the next day that Is not a Saturday,Sunday,or legal holiday.Buyer shall be entitled to possession at 9:00 p.m.on the 46 Possession dale.Seller agrees to maintain the Property in lis present condition,normal wear and tear excepted,until 47 the Buyer is entitled to possession. f. Section 4031 tike-Kind Exchange, if either Buyer or Seller intends for thJs transaction to be a part of a Secfion 1031 49 like-kind exchange,then the other party agrees to cooperate in the completion of the like-kind exchange so tong as the cooperating party incurs no additional llahitlty In doing so,and so ion gas an t0 and casts)incurred by the o sraGn g y axpsnses{including attorneys'fees 51 operating party that are related only to the exchange&re paid or reimbursed to the 52 Initials_ BUYER: DATE: .'-•;.:x--1,d ^SELL DATE:c1416/2008 53 BUYER DATE; SELLER; DATE: ?raducsd,v(UZ zt wm" by RE Fa Mpl,LLG"323 Fffteea?-life R084 ellnrop Toxm9hip,tdlt:hlgan 9&033 P��� EAQi CiPOINS PR From:CULUNHIA REAL ESTATE 5055446]60 0]1]6!20118 12:59 4208 P-904/006 Form 25 VACANT LAND PURCHASE AND SALE AGREEMENT aran(t.»nd Purchase&Bgja CoPY+l9ht 2007 V Revised 10107 GENERAL TERF45 Northwest Multiple LlstIM Service Page 3 of 5 (continued) ALL RIGHTS RESERVED cooperating party at or prior to Closing.Notwithstanding the Asslgnment paragraph ofthls Agreement,any party 55 Wmpleling a Section 1031 like-kind exchange may assign this Agreement to Its gaalifiad intermediary or any entity �6 set up for the purposes of completing a reverse exchange. g. Closing Costs and Prorations and Charges and Asses-smcnts, Sellerand Buyer shall each pay one-half ofthe 57 5g escrow fee unless othervrlse required by applicable FHA or VA regulations.Taxes for(he current year,rent,Interest, and Ilensble homeowner's association dues shall be prorgted as of Closing.Buyer agrees to pay$uyers loan costs, 59 including credit repot{,appraisal charge and lender's ti}fe insurance,unisss provided otherwise in this Agreement.If fit) arty payments are delinquent on encumbrances which will remain after Closing,Closing Agent Is instructed to pay 62 such delinquencies at Closing iirom money due,or to be paid by,Seller.Buyer agroBs to pay for remaining fuel In the 63 fuel tank if,prior to Closing,Seller obtains a written statement as to(he quantity and current price from the supplier, 64 Seller agrees to pay all utility charges,including uribilied charges.Unless waived in Specific Tarr No, 14,Seller and 65 Buyer requpsl the services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges In eg accordance vrith RCW 60.80 and Seiler agrees to provide the harries and addresses of all utilities providing service to 07 the Property and having Ilan rights(attach Farm 22K Idenftfiration of Utilities or equivaient),Buyer is advised to verify the axlelence and ernount of any local improvement district,capacity or 6B that may be charged against the Property bofum or after Closing.5@119r ill pay such charges that are encsumb noes 770 at the time or Closing,or that are or become duia on or before Closing.Charges levied before Closing,but bocoming 71 due aftar Closing shall be pald as agreed in Specific Term No-15_ h. Sale Informatlon. The Listing Agent or Sailing Licensee is authorized to report this Agreement(Including 72 terms)to the Multiple Listing Service that published it and to its members,financing institutions,a raisem pans and all 73 anyone else related to this sale.Buyer and Seller expressly authorize all Closing Agents,appraisers,title Insurance 74 companies,and others related to this Sale,to furnish the Listing Agent and/or Selling Licensee,err request,any and 76 all Information and copies cfdocuments concerning lhrs 3510. I. FIRPTA_Tax Wlthholdhg at closing. The Closing Agent Is instructed to prepare a certiftcatlon(Form 22E 77 or equivalent)that SeiJar Is not a"foreign person'within the meaning of the Foreign lnvesiment In Real Pro perty Tax 79 Act.Seller agrees to sign this cartifca(ion.If Seller is a foreign parson,and this Ira ricacuon is not otherwise exempt 80 from FIRPTA,CIO sing Agent is Instntc#ed to with hold and pay the required amount to the In(ernai Revenue Service, J• Notices. In consideration of tho 11cense to use this and campanion forms and for the benefit o{the Listing _ 81 Agent and the Selling Licensee as well as the orderly administration of the offer,counteroffer or this agreement,the Parties Irrevocably agree that unless Otherwise specified in tilts Agreemen(,any notice required or permuted in,or S3 related to,this Agreement(including revocations of offers or counteroffers)'must be in writing.!Notices#o Seller must 84 be signed by at feast one E3uyerand shall 6o deemed given only when the notice is received by Seller,by Listing gg Agent or at the 6censeci off ire of L Isftng.Agerit, Notices to&uyer must ba signed by at leas(one Seller and shall be daemad given only when the notice is received by Buyer,by Selling Llcensee or at the IfLensed office❑f Selling 88 Licensee.Actual receipt by Selling Llcense6 of a Farm 17 or 17V(whichever Is applicable),Public Offering gg Statement or Resale CeCttficata.homeowners'association documents provided pursuant to Form 2213;or a Preliminary commitment for title insurance provided pursuant to Form=shall be deemed recalpt by 90 Buyer_Selling Licensee and Usting Agent havca no respo risibility to advise of receipt of a notice beyond erther 91 phoning the party or causing i copy of the notice to be delivered to the party's address shown on this Agreement. 93 Buyer and Seller m t.tst keep Selling Licensee and Luling Agent advised of their whereabouts in order to racebe prompt notification of receipt of a notice. 94 k- -Compatatlon of Time. Unless otherwise specified in this Agreement,any period of tima measured In days and stated gs as a this lender day shall start fl the day following the event commencing the period and shall expire at 0:00 p.m.ofthe 47 last calendar day of the specified period Of time, E=xcept for the Possession Ds(e,if the last day is a Saturday,Sunday gg or legal holiday as defined in RCW 1.16.050,the specified period of time shall expire on the next day that is not a Saturday.Sunday or legal holiday.Any specified period of 5 days or less shall not Include Saturdays,Sundays❑r 99 legal holidays.if the parties agree that an eventwill occur an a specific calendar dale the event shall occur on that 100 dale,except for the Closing pate which,if it falls on a Saturday,Sunday or legal holiday as defined In RCW 1 Q1 1-16.050,shall occur on the next day that is not a Saturday.Sunday,or legal holiday.if the parties a attach a legal description alter this Agreemen gree upon and 103 t is signed by the offeiree and delivered to the offeror,then for!ha purposes of comp uUng time,mutual acceptance shall be deemed to be an the date of delivery 1 D4 counteroffer to the offeror ther than oil the date the legal description is attached.Time is ofthiseror 105 Agreement- 106 initlels: BUYER: DATE: f = ',`� 107 sE�LE � ❑Aid:Oi/ls/zoQS 13UYER: DATE: SELLE : 103 P educe ""tt 4—PFcan"'by RE FarmeNeF,LtG 18026 FlitaM7 MPe Barad Ciintrn T DATE. 109 owrl ip,Micrilyan 4Ew 5} ztpt«R,.corrl EAGLE POINT vl( 5t6 ErDm:COLUWBIA REAL ESTATE 5095448160 0111E12008 12:65 =3 P.005/096 Forrn25 VACANT[_AND PURCHASE AND SALE-AGREEMENT Ica Vacant[and purchase a Sale pyrlght2007 Revised 10!07 GENERAL TERMS Norihwast Multiple Listing Service Pago 4 of 5 (con' llnued) ALL rtlGHTs P&-SERVED L Fa"imlle or E-mall Transmission. Facsimile transmission of any signed original document,and relransmission of 110 any signed facsimile transmission;shall be the same as delivery of sn original.At the request of either party,or the 111 Closing Agent,the parties will confirm facslmIle transmitted signatures by signing an original doeUment.8-mall ti'ans- 112 niisslon of any document or notice shall not be effective unless the parties to this Agreement otherwise agree in wridng. 113 m. Wegratlon. This 114 Agreement constitutes the entire understanding between the parties and supersedes all ptior or 115 contemporaneous understandings and reprasentabons.No modification of this Agreement shall be effective unless agreed in wriling and signed by Buyer and Seller. 116 n- Assignment. Buyer may not assign this Agreement,or Buyer's rights hereunder,without Seller's rior wrlttan 117 consent,unless the parties indicate that assignment Is permitted by the addition Of"andlor assigns" the line 118 idonfifying the Buyer on lhe'rimt Page of this Agreement. 9 110 O. Default provision,In the event Buyer fails,without 12991 excuse,to complete the purchase of the Property.,then this fallowing 121 provision,as identified in Spec'f'c Term No.7,shall apply: i. Forfeiture of Famest Money. That pnrilon of the Earnest,'honey[het does not exceed five percent(5%)of the 123 Purchase Price shalt be forfeited t0 the Seller as the sole and exciuslya ramedy available to Zeller for such failure. 124 ii, Seller's Ftection of Remedies. Seller may,at Seller's option,(a)keep lie Earnest Money as liquidated damages 125 as the sole and exclusive remody available to Seller for such f4ure,(b)bring suit against Buyer for seller's actual 125 damages,jc)bring suit to speol(1caUy enforce this Agreement and recevar any Incidental dam ayes,or(d)pursue 127 any other rights or remedies available at law or equity. 128 P- Professional-Advice and Attorneys'Fees. Buyer and Seller are advised to Seek the counsel of an attorney and a 128 certlRed public accountant to review the terms of this Agreement Buyer and Seller agree to pay their awn fees 130 Incurred for such review.however,If Buyer-or Seller insatuies suit agalwA the o[her concerning this Agreement the 131 prevailing party Is eniltled to reasonable attorneys'fees and expenses, 132 q. Offer. Buyer agrees to purchase the Property under the terms and condltlons of this Agreement,Seller shall have 133 until 9.00 P,m.on the 4fferExpiration Date to accept this offer, unless sooner withdrawn.Acceptance shall net be 134 effective unII[a signe0 copy Is actually received by Buyer,by Selling Licensee or at the licensed office of:3 aging 135 LiCCnSCe,If this Offs r is not so accepted,it shall lapse and any.Earnest Money shall be refunded to Buyer. 136 r. Counteroffer. Any change In the terms presented Irian offer orcounterotrer,other than fite'insertion orthe Seller's 137 name,shall be considered a counteroffer.If Seller makers a counteroffer,Buyer shall have until 9-oo p.m.on the 138 counteroffer expiration data to accept that counteroffer,unless sooner withdrawn.Acceptance shall not be effective 139 until a signed ropy is actually received by Seiler,by listing Agent Or at the licensed office of Listing Agent If the 140 counteroffer is not so accepted,It shall lapse and any Earnest Money shall be refunded to Buyer. 141 s. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer,the ofred counteroffer shall expire 2 days after the olferlcounreraffer is delivered by the party making the offerlcaunteroffer, 142 unless sooner withdrawn. 143 I. Agency Disclosure. Selling Broker represents the same party that Selling Licensee represents.Listing Broker repre- 145 sents the same party that the Listing Agent represents.If Selling Lfconsee and Listing Agent are different salesper- 146 sons affifiatod with the same Broker,then both Buyer and Seller confirm their consent to that Broker reprosenling 147 both parties as a dual agent,If Selling Licensee and Listing Agent are the same salesperson representing both 148 parties then both Buyer and Seller confirm their consent to that salesperson and hislher Broker representing both 149 parties as dual agenls.All parties acknawledge receipt of the pamphlet entitled`The Law of Real Estate Agency," 150 u• CQrn rtlsslon. Seller and Buyer agree la pay a commission In accordance with any listing or commission agreement 151 to which#hay are a party,The Listing 13mker's commission shah be apportioned between LlsBng Broker and selling 152 Broker as specified in the listing.Seller and Buyer Hereby consent to Listing Broker or Selling Broker recalving 153 compensaUon from more than one party,Seller and Buyer hereby assign to Ustlrig Broker and Selling Broker,as 154 applicable,a portion of their funds in escrow equal to such commission(&)and irrevecebly instruct the Closing Agent 155 to disburse the commission(s)directly to the Broker(s),In any action by Listing Or Selling Broker to enforce this Paragraph.the prevailing party is enUtied to court costs and reasonable attorneys'fees.Seller and Buyer agree that 157 tho Licensees are Intended third party beneficiaries under this Agreement 158 Initials: BUYER: DATE- SELL£ BUYEP- DATE:01/16!2008 159 DATE: SELL DATE- 180 f'roencedwith TapF"m-by RE rormLN0,LLC 180Z5 Fifteen Mlle Roaif,C 0m Tewmhp,NUc Qari 48435%,Aw Erg-cam EAGLE P GrtsI PR Fram:CQLUMBIA REAL ESTATE 01/15120U8 13:00 Neu3 P.M610116 Form 25 VACANT LAND PURCHASE ARID SALE AGREEMENT tOCopyrlyht2007 vacant/end Pwchase&Sale GENERAL TERMS Northwest Multiple Listing Service Page 5 Revised 5 1a1o7 of 5 (continued) ALLRIGt{75 RESERVED P v_ Feaslbil(ty contingency. it is the Buyers nssp nsibillty to verify before the Feasibility Contingency Expiration Date 161 Identified In Specific Term No,-17 whether or not the Property can be platted,developed andlor built on(now or In 182 the future)and what It will cast to do this.BUYER SHOULD NOT RELY ON ANY ORAL STATEMENTS conceming 168 this made by the Seller,Listing Agent or Selling Licensee.Buyer should Inquire at the city or county,and water, 164 sewer or other special districts in which the Property is located.Buyer's inquiry should include,but not be limited to: 165 building or development moratoriums applicable to or being considered for the Property;any spacial building 766 requirements,including selbacks,height limits or restrictions on where buildings may be tons"ctcd on the 167 Property;whether the Property is affected.by a flood zone.,wetlands,shorelands of other environmentally sensitive 168 area;mad,school.flra and any other growth mitlgation or Impact fees that must be paid;the procedure and Length of 168 tlmo necessary to obtain.plat approval and/or a building permit;suffrcfantwater,sewer and utility and any service 170 connection charges;and all other charges that must be paid.Buyer and Buyer's agenls,representatives, 171 consultants,architects and engineers shah have the right,from time to Grne during the feasibility contingency,to 172 enter onto the Property and to conduct any tests or studies that Buyer may need to ascertain the condition and 173 suitability Of"Property for Buyer's intended purpose.9uyer$flail restore the Property and all improvements on the 174 Property to the same condition they were in prior to the inspection.Buyer W-*Il be responsible for all damages 175 resulting from any inspection of the Property performed on Buyers behalf,If tho{buyer does not-give notice to the 176 contrary on or before the Feasibility Contingency Expiration Date Henfafied in 5perztic Terms No.171 it shall be 177 conclusively daamed that Buyer Is satisfied as to development and/or constructlon feasibility and_cost.If Buyer gives 178 notice this Agreement shall terminate and the Earnest Money shall he refunded to Buyer,less any unpaid costs. 179 w. Subdivision. If tho Property must be subdivided,Seller represents that there has been preliminary plat approval for 180 the Property and(his Agreement is conditioned on the recording cf the final plat containing the Property on or before 181 the date specified in Specific Term 15,if the final plat is not recorded by such date.this Agreement shall terminate 182 and the Earnest Money shall be refunded to Buyer. 183 x. information Verification Period and Property condition❑Isclaimar. Buyer shall have 10 days after mutual 184 acceptance to verify all information provided from Seiler or Listing Agent refaced to the Property.This contingency 185 shall be deemed satisfied unless Buyer gives notice Identifying the materially Inaccurate Information within 10 days 186 of rnuluai acceptance.If Buyer gives Umely notice under this section,then this Agreement shall terminate and the 1$7 Earnest Money shall be refunded to Buyer.Buyer and Seller agree,that except as provided in this Agreement,all 188 representations and information regarding the Property and the(ransaction are solely fr m the Seller or Buyer,and 189 not from any licensee.The parties acknewfedge that the Licensees are not responslble for assuring that the parties 190 perform their obiigatlons under this Agreement and that none of the Licensees have agreed to Ind®pondently 101 Investigate or confirm any matter related to this transaction except as slated In this Agreement,or to a separate 192 writing signed by such Licensee.In addition,Licensees do not guarantee the value,quality or condition of the 193 Property and some properties may contain building materials,including siding,roofing,calling,Insulation,electrical, 194 and plumbing,that have been the subject of lawsuits and/or governmenlat inquiry because of possible defects oC 195 health hazards.Some properties may have other defects arising aftarconst7uction,such as drainage,leakage,past, 196 rot and resold problems_licensees do not have the expertise to Ide.n1ify or assess defective products,materials,or 197 conditions,Buyer Is urged to retain inspectors qualified to idantify the presence ofdefective materials and evaluate 1s$ the condlton of the Property,Licensees may assist the parties with locating and selecting third party service 199 providers,such as Inspectors orconlractors,but Licensees cannotguaranlee or bo responsible for the services 200 provided by those third parties_The partles agree tq exercise tltelr own judgment and due diligence regarding 201 third-party zwvir_e providers. 202 Y. 131sdosdres in Form 17 or 17C. if Seller provides Buyer with a disclosure statement pursuant to RGW 64.06(Form 203 17 or 17C,whichever Is applicable)and if,in Specific Term No-8,the parties agree that Buyer will have a remedy . 204 for economic toss resulting tram negligent errors,Inaccuracies,or omissions,n Form 17 or 17G,there buyer may 205 bring an action in tort for negligent misrepresentation against Seller based upon the disclosurss in Form 17 or 17C. 206 Nevertheless, Buyer is advised to use due diligence to inspect the Property to Buyer's satisfaction,as Seller may not 207 Know or have reason to know of defects that careful inspections might reveal.If,in Specific Term No.6,the parties 208 agree that Buyer vAll not have a remedy for economic loss resultng from negligent errors,Inaccuracies,or 209 omissions in Forth 17 or 17C,than Buyer assumes the risk of awilornic loss that may result from Sigler's negligent 210 misrepresentation in Form 17 or 17C.Buyer maintains the right to bring any and all claims permitted under the 9-11 common lave,Including fro#.Buyer and Seller at*nowledge that home protection plans may be available which may 212 provide addldonal prat n and benefit to Buyer and Seller. 213 Initlals: BUYER; DATE: L�- f SELLS DATE:01/15/2008 214 BUYER: 0A7E.- SELLER: DATE. 215 PmducaE wilh 7JDFcnnT by RE FormeNat L.LC 19025 Rflaen We Road,Ginter Tewrlshlp.Mkt i9an 45035 w,n,ya'vfwwam raAGLS P0Wr PR 2008-03-07 15:20 509-892-4468 South East BLVD. P 212 .Frain:COLUMBIA REAL ESTATE 5085446160 !]310712009 15:21 UG79 P,0021002 Fcrrn No,34 0 Copydghl 1896 Addendtim/Amendment la P&S Northwest Mufhple 1.10n8 Servlce Rev,6198 ALL RIGHTS RESERVED Pesdlofl ADDENDOMIAMENOMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated qamua3nr 16 2.000 1 between lTy 0 yocro ("Buyer") 2 and �. RAGIg Folux FROPAR1tIES ( Boller"} 3 concerning _ NRA BROADWAY,_ FASCO, WA 99301 ("the Property"). 4 IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:Tag CLOSING DATE 19 EXTENIZEA � TO NO LATER THAN 4-11-08. 6 7 B 9 10 ' 11 12 . 13 14 15 16 I 17 18 � 19 20 21 22 _... -. 23 24 ALL OTHER TERMS AND CONDTIONS of sald Agreement remain unchanged, 25 AGENT(CO NY) 6 1 — C, e, 26 by 27 Initials: BUYER—=—^cam DATE: —� `� '�S , RED 1" AQtpw, A E: � �, I. r�� za BUYER; DATE; SEt LER: DATE: 29 Conuuy 21 Co1umhiaRm1 Eqbre 3905 W.cuun 5t.,Suite A, FaNco WA 99301 PhrIne:50?-.544-2100 Fax: 509-544-6!60 Robca Grox9 EAGLE POPfr FR rroduced with TpForm'"'by RE Feunwet,LLC 19021 Flomen Mile Road,Clinton Town0p.Mlc4garn 49335 www.a;aroara.ccuu AGENDA REPORT TO: City Council March 27, 2008 FROM: Gary Crutchfi anager Workshop Mtg.: 3/31/08 SUBJECT: Reuse of the A y Reserve Center I. REFERENCE(S): 1. Vicinity Map 2. Proposed Scope of Work (2 pages) 3. Proposed Budget and Grant Request 4. Proposed Timeline Chart II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/31: Discussion III. FISCAL IMPACT: Consultant cost estimated at $50,000; 10% local cost requirement($5,000)plus staff time (estimated at less than $10,000). IV. HISTORY AND FACTS BRIEF: A) The US Army has declared the Wagenaar Reserve Center (a concrete block building on seven acres) at the northeast corner of the intersection of Maitland and Ainsworth surplus to its needs, under the Base Realignment and Closure Act (BRAC); accordingly, the Department of Defense, acting through the Department of the Army, intends to dispose of the property. To do so, BRAC requires a redevelopment plan be prepared by a Local Redevelopment Authority (LRA), intended to optimize use of the property for local purposes and minimize conflicts for federal purposes. B) The Port of Pasco was initially identified as the LRA in May 2006. In January this year, the Port withdrew from the LRA role in view of perceptions that the Port had a conflict of interest, in that the Port also was interested in ownership of the Wagenaar site. Consequently, the Department of Defense Office of Economic Adjustment has requested the city assume the LRA role or identify another eligible and willing jurisdiction. C) Reference No. 2 outlines the basic scope of work required to fulfill the LRA responsibilities. While some of the work has been accomplished by the Port (existing conditions, for example), staff recommends that the outreach basically start over (new process, clean of perceived conflicts). The city does not have sufficient staff to take on the full scope of work on its own; however, staff could oversee a consultant contract to assure fulfillment and scope of work by a consultant working with an appointed LRA committee. The Office of Economic Adjustment (OEA) has indicated it can provide grant assistance to support preparation of the redevelopment plan and homeless assistance submission. D) Given the potential sensitivities associated with the possible uses of the property, staff recommends Council not be directly involved. Rather, Council should appoint a carefully selected committee to conduct the required reviews, hearings, and evaluations. Ultimately, the committee or Planning Commission should issue the final recommendation to the Army as to the best redevelopment plan for the property (the intent of the process is to identify the best use of the property-- not the best user). 3(i) I i V. DISCUSSION: A) Staff has concluded it is possible for the city to accept the LRA designation, provided OEA provides sufficient grant assistance to employ a qualified consultant. The attached timeline, although somewhat optimistic, reflects completion of the effort in about one year with the aid of a consultant. B) Should Council concur, an appropriate resolution will be prepared for Council action at the April 7 business meeting, to formally accept the LRA responsibility and set forth the expectations of the City Council in taking the action (i.e., grant funding from OEA and subsequent creation of an appropriate decision-making process and committee structure). AA .. .......... y I'M 1 xln IV AL F. T Y -77 'c'lsm 'i ol OIL IZ rz -,,4i Lt AM I SCOPE OF WORK—Wagenaar Reserve Center, Pasco, WA Task 0: Pre-Project Imperatives • Prepare grant application and apply for Federal assistance Task 1: Project Start-Up • Obtain Consultant assistance(to be completed by City of Pasco staff) • Gather RA information (with consultant assistance) • Request LRA Recognition • Revise Scope of Work for completing the BRAC process as needed (completed by City of Pasco staff with consultant assistance) Task 2: Develop and implement public involvement process and outreach program • Identify stakeholders • Develop plan for public involvement and outreach to homeless assistance providers and public benefit eligible entities • Coordinate identification of regional homeless agencies with HUD • Collect information on homeless needs in the vicinity of the installation (i.e. Continuum of Care, etc) • Prepare Notice of Availability of Surplus Property (outreach notice) and instructions for submitting Notices of Interest • Conduct outreach to homeless assistance providers and public benefit conveyance eligible entities • Hold public workshop for those interested in submitting a Notice of Interest • Provide Notice of Interest applications and instructions to interested homeless assistance providers Task 3: Analysis and Integration of Existing Conditions Investigations and Surveys • Review Buildings inventory • Review Personal Property inventory • Review Environmental Condition of Property Report (ECP) • Provide input on filling of data gaps Task 4: Planning • Develop goals and vision for reuse of the Wagenaar ARC • Evaluate Notices of Interest from homeless assistance providers and public benefit agencies • Identify approximately 3 reuse alternatives for the site for further evaluation • Evaluate adjacent land uses and compatible development options • Determine uses compatible with environmental condition • Develop draft redevelopment plan: ° Objective of plan: Provide a sustainable, comprehensive plan for redevelopment of property that stakeholders and LRA agree upon. Redevelopment plan contents: a) facility description, b) requirements for Notice of Interest from interested parties, c) public involvement process, d) discussion of alternative uses, e)redevelopment plans vs. environmental condition, f)proposed land use, g) preferred option for redevelopment, h) schedule for redevelopment, g) preferred conveyance process. The redevelopment plan should be accompanied by a homeless submission that will include, a) description of the homeless needs in the vicinity of the installation, b) description of outreach process followed, c) evaluation of Notices of Interest received from homeless assistance providers, d) description of homeless accommodations, if any, and e) legally binding agreements, if any, reached with homeless assistance providers. Redevelopment Plan and Homeless Submission preparation: plan and application to be developed by consultant based on decisions and input provided by LRA. • Hold public hearing to take final comments or remarks • Make use recommendation and finalize redevelopment plan Proposed Schedule: May 09, 2006 Army recognizes City of Pasco LRA Jul-Aug 2008 Develop public process and outreach program Ju128, 2008 Advertise NOI Workshop and Letter to Homeless Agencies Jul-Nov 2008 Existing Conditions Investigations and Surveys Sep 1, 2008 NOI Workshop Nov 4, 2008 Minimum 90-day NOI acceptance period ends Nov 2008-Feb 2009 Develop Property Alternatives Nov 2008-Feb 2009 Refine Concept and develop Preliminary Alternatives Dec 2008-Feb 2009 Prepare Draft Redevelopment Plan Jan 26 2009 Maximum 180-day NOI acceptance period ends Feb 2, 2009 Homeless and PBC applications due Feb 2, 2009 Public Hearing on Draft Redevelopment Plan Feb-May 2009 Make Use Recommendation and Finalize Redevelopment Plan May 4, 2009 Submit Plan to Army and HUD Proposed Budget and Grant Request Wagenaar Reserve Center Pasco WA Object Class Categories Total Grant Request Federal Share I Local Share OrganisatlordAdministration Personnel Jeff Adams,Associate Planner 230 Hrs at$24.94/Hr $ 5,736.20 $ 5,162.58 $ 573.62 Fringe Benefits Jeff Adams,Associate Planner,230 Hrs at$9.23/Hr $ 2,122.39 $ 1,910.15 $ 212.24 (Amount shown is 37%of base salary,consistenly applied for similar positions) Personnel&Fringe Sub-Total $7,858.59 $ 7,072.73 $ 785.86 Travel $ 0 $ 0 $ 0 Admin Ofc Expenditures Sub-Total $ 0 $ 0 $ 0 Equipment $ 0 $ 0 $ 0 Equi ment Sub-Total E 0 $ 0 $ 0 Supplies Photocopies,Mailings,Binders $ 360.00 $ 324.00 $ 36.00 Supplies Sub-Total $ 360.00 $ 324.00 $ 36.00 Organ./Admin.Total $8,218.59 $ 7,396.73 $ 821.86 Contractual Services Task 1 see Scope of Services) $ 10,000.00 $ 9,000.00 $ 1,000.00 Task 5(see Scope of Services) $ 30,000.00 $ 27,000.00 $ 3,000.00 Contractual Services Total $ 40,000.00 $ 36,000.00 $ 4,000.00 TOTAL $48,218.59 $ 43,396.73 $ 4,821.86 Indirect Charges Rate 0% $ 0 $ 0 $ 0 GRAND TOTAL $ 48,218.59 $ 43,396.73 1$ 4,821.86 Wagenaar Reserve budget 03-21-2008.xis Page 1 of i Printed 3/24/2008 st 8:54 AM � a 2 . \, /_ / 2 \ U- ' , _ co @ k $ ± a z o , CL ' � . 7 I 75----T. 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