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HomeMy WebLinkAbout2013.12.02 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. December 2, 2013 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4. 5. 6. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated November 18, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $2,416,554.34 ($166,907.60 in the form of Electronic Fund Transfer Nos. 17284, 17338, 17343, 17369 and 17371; and $2,249,646.74 in the form of Wire Transfer Nos. 1375, 1376, 1379 through 1383; and Claim Warrants numbered 195709 through 195904). 2. To approve Payroll Claims in the amount of $3,415,819.94, Voucher Nos. 46274 through 46364 and 80330 through 80339; and EFT Deposit Nos. 30063171 through 30064062. *(c) Easement for Utilities from HDG Limited Partnership (AN #ESMT2013 -005): 1. Agenda Report from Dave McDonald, City Planner dated November 25, 2013. 2. Overview Map. 3. Vicinity Map. 4. Utility Easement from HDG Limited Partnership. To accept the utility easement from HDG Limited Partnership. *(d) Easement for Sidewalk from HDG Limited Partnership (MF #ESMT2013 -004): 1. Agenda Report from Dave McDonald, City Planner dated November 25, 2013. 2. Overview Map. 3. Vicinity Map. 4. Access Easement from HDG Limited Partnership. To accept the sidewalklaccess easement from HDG Limited Partnership. (RC) MOTION: I move to approve the Consent Agenda as read. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) Regular Meeting 2 December 2, 2013 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: *(a) 2014 Annual Operating and Capital Projects Budgets. 1. Agenda Report from Dunyele Mason, Finance Manager dated November 25, 2013. 2. Proposed 2014 Annual Operating Budget Ordinance. 3. Proposed 2014 Capital Projects Budget Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. an Ordinance adopting the City of Pasco Operating Budget for the Year 2014. MOTION: I move for the first reading of Ordinance No. , for consideration of the 2014 Annual Operation Budget. -AND - Ordinance No. an Ordinance adopting the City of Pasco Capital Projects Budget for the Year 2014. MOTION: I move for the first reading of Ordinance No. , for consideration of the 2014 Capital Projects Budget. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Dedication Deed for St. Francis Lane (MF #DEED2013 -008). I. Agenda Report from Dave McDonald, City Planner dated November 20, 2013. 2. Vicinity Map. 3. Dedication Deed from Tapteal H, LLC. 4. Proposed Street Name Ordinance. MOTION: I move to accept the dedication deed from Tapteal H, LLC for Saint Francis Lane. -AND - Ordinance No. an Ordinance establishing Saint Francis Lane as the name for the new street connecting Chapel Hill Boulevard with Saint Thomas Drive. MOTION: I move to adopt Ordinance No. , establishing a name for the newly constructed street connecting Chapel Hill Boulevard with Saint Thomas Drive and, further, to authorize publication by summary only. *(b) Resolution No. , a Resolution of the City Council of the City of Pasco, Washington relating to Local Improvement District No. 149; fixing the time and place for hearing on the Final Assessment Roll for Local Improvement District No. 149; and directing that notice thereof be given in the manner required by law. 1. Agenda Report from Mike Pawlak, City Engineer dated November 25, 2013. 2. Resolution. 3. Vicinity Map. 4. Notice of Public Hearing. MOTION: I move to approve Resolution No. _, fixing 7:00 p.m., Monday, January 6, 2014 as the rescheduled time and date to conduct a public hearing to consider the Final Assessment Roll of LID No. 149. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Sandifur Property Assignment Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated November 27, 2013. 2. Vicinity Map. 3. Proposed Assignment Agreement. MOTION: I move to approve the Partial Assignment Agreement with West Pasco LLC and, further, authorize the City Manager to sign the Agreement. *(b) 2013 Sewer Relining — Road 44 Manholes Project: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated November 22, 2013. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the 2013 Sewer Relining — Road 44 Manholes Project, to Realm, Inc., in the amount of $122,066.40 including sales tax and, further, authorize the Mayor to sign the contract documents. Regular Meeting 3 December 2, 2013 11. MISCELLANEOUS DISCUSSION: (a) (b) (e) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter REMINDERS: 1:30 p.m., Monday, December 2, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, December 4, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 5:30 p.m., Thursday, December 5, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2013 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Excused: Rebecca Francik. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief; Ken Roske, Police Captain; Mike Pawlak, City Engineer and Dunyele Mason, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated November 4, 2013. (b) Bills and Communications: To approve General Claims in the amount of $2,107,913.36 ($242,775.12 in the form of Electronic Fund Transfer Nos. 17157, 17180, 17181, 17182, 17183 and 17248; and $1,865,138.24 in the form of Wire Transfer Nos. 1377 and 1378; and Claim Warrants numbered 195496 through 195708). To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $218,597.19 and, of that amount, authorize $157,539.88 be turned over for collection. (c) Access Easement — Easement for Sidewalk from CDSK 28 LLC (MF #ESMT2013 -003): To accept the sidewalk/access easement from CDSK 28 LLC. MOTION: Mr. Martinez moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Martinez announced the Downtown Pasco Development Authority is holding a Cleanup Downtown Pasco event on Saturday, November 23, from 8 a.m. until noon. Mr. Yenney attended the Benton Franklin Council of Governments Board meeting. Mr. Hoffinann reported on the BFCG Tri-Mats Policy Advisory Committee meeting. Mayor Watkins noted the possibility of WA State including funding for the Lewis Street overpass in the transportation package. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 2013 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2014 Property Tax Levy Report. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2014 PROPERTY TAX LEVY. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Council and staff discussed the details of the proposed Tax Levy. Ordinance No. 4127, an Ordinance providing for the 2014 Ad Valorem Tax Levy, and a levy for the 1999 Unlimited Tax General Obligation Bonds in the City of Pasco in accordance with state law. MOTION: Mr. Garrison moved to adopt Ordinance No. 4127, providing for the 2014 Ad Valorem Tax Levy, and a levy for the 1999 Unlimited Tax General Obligation Bonds. Mr. Martinez seconded. Motion carried 5 -1. No — Larsen. Ordinance No. 4128, an Ordinance preserving the Property Tax Levy capacity in the City of Pasco, Washington for fiscal years after 2013 in accordance with state law. MOTION: Mr. Garrison moved to adopt Ordinance No. 4128, preserving property tax levy capacity for fiscal years after 2013 in accordance with state law. Mr. Martinez seconded. Motion carried 5 -1. No — Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4126, an Ordinance relating to the waterworks utility of the city, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city; providing for the issuance of one or more series of water and sewer revenue bonds of the city in the aggregate principal amount of not to exceed $10,050,000 to provide funds to pay the cost of carrying out the plan of additions, make a deposit to the debt service reserve account and pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the city's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Mr. John Peterson, representing Piper Jaffry & Co., explained the details of the bond sale. Council and staff discussed the details of the bond sale. MOTION: Mr. Martinez moved to adopt Ordinance No. 4126, relating to the waterworks utility of the city, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city; providing for the issuance of one or more series of water and sewer revenue bonds of the city in the aggregate principal amount of not to exceed $10,050,000 to provide funds to pay the cost of carrying out the plan of additions, make a deposit to the debt service reserve account and pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the city's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, to authorize publication by title only. Mr. Garrison seconded. Motion carried unanimously. REGULAR MEETING NEW BUSINESS: Lodging Tax Allocations: MINUTES PASCO CITY COUNCIL NOVEMBER 18, 2013 MOTION: Mr. Martinez moved to approve the allocation of 2014 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee minutes of October 16, 2013. Mr. Garrison seconded. Motion carried unanimously. Community Survey Policy Questions: Council concurred to add questions to the Community Survey concerning the future of the Senior Center, Ambulance service to Fire District #3, and Pasco Public Facility District participation with the Regional Public Facilities District. MISCELLANEOUS DISCUSSION: Council and staff discussed the new LED street lights on 3`d Avenue and grant opportunities for future conversions. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:15 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 2nd day of December, 2013. CITY OF PASCO Council Meeting of: December 2, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington Iheundersigned, do hereby certify under penalty of perjury that the materials have been furnished, the ice; rends he labor performed as described herein and that the claim is a just, due and unpaid oblig on agains he city and that we are authorized to authenticate and certify to said claim. ;i a ger Dunyele Mason, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 2 day of December, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 195709 - 195904 In The Amount Of: $ 2,249,646.74 Electronic Funds Transfers: 1375, 1376, 1379 1380 -1383 In The Amount Of: $ 166,907.60 Electronic Funds Transfers: 17284, 17338, 17343 (Journal Entries) 17369, 17371 Combined total of $2,416,554.34 Councilmember GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM/CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: fiLTl 389,629.19 99,724.32 0.00 0.00 97a 9n $ 2,416,554.34 CITY OF PASCO Council Meeting of: Payroll Approval December 2, 2013 The City Council City of Pasco Franklin County, Washington The fo}I6v qg is a p6maAf payroll claims against the City of Pasco for the month of November 2r111111f13 w 'ch a presente herewith for your review and approval. Rick Teiway, Administrative & Community Services Director We, the' undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 46274 through 46364 and 80330 through 80339 and EFT deposit No's. 30063171 through 30064062 and City contributions in the aggregate amount of $3,415,819.94 are approved for payment on this 2nd day of December 2013. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 12,109.89 Judicial 132,416.72 Executive 112,115.27 Police 1,005,220.61 Fire 490,174.20 Administrative & Community Services 437,939.87 Community Development 136,541.27 Engineering 176,902.99 TOTAL GENERAL FUND 2,503,420.82 CITY STREET 62,829.28 BLOCK GRANT 9,310.23 HOME CONSORTIUM 1,895.06 NSP 2,773.20 MARTIN LUTHER KING CENTER 11,450.25 AMBULANCE SERVICE FUND 243,586.46 CEMETERY 16,489.68 ATHLETIC FUND 2,627.65 SENIOR CENTER 21,848.65 STADIUM OPERATIONS 0.00 MULTI -MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER /SEWER 480,902.43 EQUIPMENT RENTAL - OPERATING 50,032.01 OLD FIRE PENSION FUND 8,654.22 GRAND TOTAL ALL FUNDS $ 3,415,819.94 Payroll Summary Net Payroll 1,565,268.03 Employee Deductions 930,228.07 Gross Payroll 2,495,496.10 City of Pasco Contributions 920,323.84 3(b)•2 Total Payroll $ 3,415,819.94 AGENDA REPORT FOR: City Counci4&coutic November 25, 2013 TO: Gary Crutch anager Regular Mtg.: 12/2/13 Rick White, Community Development Director FROM: David I. McDonald, City Planner SUBJECT: UTILITY EASEMENT: Easement for Utilities from HDG Limited Partnership (MF # ESMT 2013 -005) I. REFERENCE(S): Overview Map 2. Vicinity Map 3. Utility Easement from HDG Limited Partnership H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/2: MOTION: I move to accept the utility easement from HDG Limited Partnership. III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. HDG is in the process of constructing a new warehouse and supply building at the southeast corner of 28h Avenue and Sylvester Street. The parcel upon which the warehouse is being built was created many years before the standard practice of requiring property owners to provide utilities easements along street frontages. In this case utility easements are needed along 28d' Avenue, Sylvester Street and 27`" Avenue. HDG has provided the city with the necessary document to establish a 10 -foot utility easement along the previously mentioned streets. 3(c) I HlS' "L 4 11 i4 :.— � iF feY f s� 1 g r O _ tZ =1nb Utz LU + -fi k,. Wu x s e � 9 c r Jr gr W 5 $ t al r ` r end ullz 0 0 WHEN RECORDED RETURN TO: City of Pasco, Washington Engineering Department 525 North 3rd Avenue Pasco, WA 99301 CITY OF PASCO PERMANENT UTILITY EASEMENT GRANTORS, E DG, a Limited Partnership, as donation for public purposes pursuant to RCW 35A.21.240, the receipt of which is hereby acknowledged, hereby grants to the GRANTEE, City of Pasco, Franklin County, Washington, a Municipal Corporation, and to its successors or assigns, the right to enter upon and occupy the lands of the Grantors situated in the County of Franklin, State of Washington, and more particularly described as follows: THE SOUTH 10.00 FEET OF THE NORTH 40.00 FEET OF THE NORTH HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON EXCEPT THE WEST 30.00 FEET THEREOF AND EXCEPT THE EAST 36.50 FEET THEREOF; TOGETHER WITH THE EAST 10.00 FEET OF THE WEST 40.00 FEET OF THE NORTH HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; EXCEPT THE NORTH 40.00 FEET THEREOF AND EXCEPT THE SOUTH 30.00 FEET THEREOF. TOGETHER WITH THE WEST 10.00 FEET OF THE EAST 46.50 FEET OF THE NORTH HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25; EXCEPT THE NORTH 40.00 FEET THEREOF AND EXCEPT THE SOUTH 30.00 FEET THEREOF AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY DEDICATED FOR ROAD 27 BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1803797, RECORDS OF FRANKLIN COUNTY. and to construct, operate, maintain, repair, replace or remove on and under the above described land, utilities, service lines and components with such surface obstructions, (i.e. valve covers, Permanent Utility Easement - I meters, manholes, etc.) as will not unreasonably interfere with Grantors' surface usages and to exercise such other rights as is necessary to carry out this purpose. The Grantors agree that all facilities installed upon the above - described land shall remain the property of the Grantee, and that the Grantee shall have the right of reasonable ingress and egress over the adjacent lands of the Grantors for the purpose of exercising all rights hereby granted. This Agreement is exclusive to the Grantee, touching and connecting the above- described real property and shall run with the land. In the event of any claim or dispute arising out of this Agreement, venue shall be placed in Franklin County Superior Court, and an award of reasonable attorney fees shall be made to the substantially prevailing party in any such dispute. DATED this J 3h6 day of _ m✓ u 2013. GRANTORS: n STATE OF WASHINGTON) :ss County of Franklin ) Owner On this day personally appeared before me, �ahllln/ P r husband and wife, to be known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and -- voluntary act and dog-for the uses and— P —ses therein mentioned — - -- - - - - — � - by hand N JBVG moo- '�nuntt`` Permanent Utility Easement - 2 at seal this 134h day of 2013. for Expires: G a ' `Nc�f 4N , Of NM 7 21 � 3 g f I IR N Iti frN N H K !Z N I, f O ul rr LL EXHIBIT MAP A PORTION OF THE NN 1/4, SE 1/4 OF SECTION 25, TONNSMP 9 NORTH, RANGE 24 EAST. N.Y. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTDN -w26,05 -W 30 -00 —_ _ — WESI MVESTM STREET SIDEWALK EASEMENT - _ — -� -- 255 W, 1 30' AY.11803797 S69'33'55`E 58433'55'£ 215.83' l 29.54' �s5r4s'zriv TT 20.42' IO UTILITY 31.24'26 'W EASEMENT 11.94' NI'27'1 w I EASEMENT EE 1.J SIDEWALK 1 EASEMENT 1$3i SG�i.� 1 SIDEWALK EASEMENT 49 sget, N i l 35' i w D o d i 4 r ^ N M = ! C i � D 2 n o. r ry w 2U13.Owo 11 -07 -13 Permanent Utility Easement - 3 15.33' -; N3GD6'22'E ' :2 1 "1.92' i 7 2 ' 6 726' 31s A.�1 ,F98236 1.85' S36'OS'22 "W WEST IP.VING STREET 2U13.Owo 11 -07 -13 Permanent Utility Easement - 3 AGENDA REPORT FOR: City Council November 25, 2013 TO: Gary Crutch el , Ci anager Regular Mtg.: 12/2/13 Rick White, Community & Vconomic Development Director() Kr y 1" FROM: David I. McDonald, City Planner SUBJECT: ACCESS EASEMENT: Easement for sidewalk from HDG Limited Partnership (MF # ESMT 2013 -004) I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Access Easement from HDG Limited Partnership II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 12/2: MOTION: I move to accept the sidewalk/access easement from HDG Limited Partnership. III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. HDG is in the process of constructing a new warehouse and supply building at the southeast corner of 28d' Avenue and Sylvester Street. The property improvements will require some modifications to the ADA ramps on the street corners. As a result a portion of the sidewalk and ramps will extend outside the existing right - of -way on to private property. HDG has provided the city with an easement for the portion of the sidewalk extending onto private property. 3(d) Via{ Ob H1Ssdf, EF fl 5tc , oE. at. � i;:. gg r r , -p rr F tZ Z LLI - } '� €F_ ct E"+ .m r T 6 , 0Poo s y�` 4; F Win... a ♦ . R Yne u1lz W o Lij W Gt F�I > J • ,� W fu I N VV ( V a Poo €, �j M After Recordioe Return To; City Engineer City of Pasco PO Box 293 Pasco, WA 99301 Establishment of an Access EASEMENT Tax Parcel No. 119462074 THE GRANTOR, UDG a Limited Partnersbig. by donation dedicates, conveys and hereby grants to the City of Pasco, an easement for a public sidewalk over, across and upon the following described property: REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 89 °33'55" EAST, 52.92 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 0 °26'05" WEST, 30.00 FEET TO THE SOUTH LINE OF WEST SYLVESTER STREET AS DEDICATED BY DEED RECORDED UNDER AUDITOR'S FILE NO. 1803797, RECORDS OF FRANKLIN COUNTY AND TO THE TRUE POINT OF BEGINNING, SAID POINT BEING HEREAFTER DESIGNATED AS POINT "A "; THENCE SOUTH 57 048'21" WEST, 20.92 FEET; THENCE SOUTH 1024'25" WEST, 11.94 FEET; THENCE SOUTH 46 024'25" WEST, 8.49 FEET TO A POINT ON THE EAST LINE OF NORTH 28TH AVENUE AS DEDICATED UNDER AUDITOR'S FILE NO. 144520, RECORDS OF FRANKLIN COUNTY, SAID POINT HEREAFTER DESIGNATED AS POINT "B'; THENCE NORTH 1 024'25" EAST, 29.12 FEET ALONG SAID EAST LINE TO A POINT ON THE SAID SOUTH LINE OF WEST SYLVESTER STREET; THENCE SOUTH 89 °33'55" EAST, 23.43 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING AT THE ABOVE DESIGNATED POINT "A' ; THENCE SOUTH 89 033'55" EAST, 215.63 FEET ALONG THE SAID SOUTH LINE OF WEST SYLVESTER STREET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °33'55" EAST, 29.54 FEET ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF NORTH 27Tm AVENUE AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO, 1803797, RECORDS OF FRANKLIN COUNTY; THENCE SOUTH 1 °27'14" WEST, 260.53 FEET ALONG SAID WEST LINE; THENCE SOUTH 36 °06'22" WEST, 12.31 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF WEST IRVING STREET AS DESCRIBED UNDER AUDITOR'S FILE NO. 198236, RECORDS OF FRANKLIN COUNTY; THENCE NORTH 89 034'30" WEST, 1.85 FEET ALONG SAID NORTH LINE; THENCE NORTH 36 006'22" EAST, 12.92 FEET TO A POINT LYING WESTERLY 1.50 FEET OF THE SAID WEST LINE OF NORTH 27TH AVENUE; THENCE NORTH 1027'14" EAST, 230.75 FEET PARALLEL TO SAID WEST LINE; THENCE NORTH 88 °32'46" WEST, 10.00 FEET; THENCE NORTH 1027'14" EAST, 19.11 FEET; THENCE NORTH 89 133'55" WEST, 7.86 FEET; THENCE NORTH 44 133'55" WEST, 14.14 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING AT THE ABOVE DESIGNATED POINT "B "; THENCE SOUTH 1024'25- WEST, 227.82 FEET ALONG THE SAID EAST LINE OF NORTH 28T' AVENUE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 26050'13" EAST, 15.33 FEET TO A POINT ON THE SAID NORTH LINE OF WEST IRVING STREET; THENCE NORTH 89 °34'30" WEST, 7.26 FEET ALONG SAID NORTH LINE TO A POINT ON THE SAID EAST LINE OF NORTH 28TH AVENUE; THENCE NORTH 1 024'25" EAST, 13.63 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. DATED this �' day of , 2013. STATE OF WASHINGTON ) ss. County of Franklin ) vh .(� On this IJ� day of JVOdyy)by 2013, before me, the undersign duly commissioned and sworn, personally appeared Ct to me known to be individual(s) described above and an authorized representative of the Dress Brothers Partnership and who executed the within and foregoing instrument as owner(s) of record, and acknowledged to me that he/she /they signed the same as his/herhbeir free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she /they is/are authorized to execute the said instrument. + + +P i ydvfier by hand and official seal this �hday of l k, 2013. EXPSI S Print Name:�!12LCL��E Q NOTARY P in and for the State ,6f Washington Residing at: P /La M-e- My Commission Expires: Q6, j 23. c J z ` t; Moo a 720 LL 1 N `It � N IT a N N Illl, ? I a LL d u ,I N. nm, I z� NI _ i 7 EXHIBIT MAP A PORTION OF THE NW 1/4, SE 1/4 OF SECTION a6, TOWNSHIP 0 NORTH, RANGE 20 EAST, R.L. CITY OF PASCO, FRANRIIN COUIM. WASHINGTON �u.uo_ _ _ WE51 5_riVESYER STREET SIDEWALK EASEMENT 255 sq(t. 1 30 A.F.J11103797 s5ras'z+ w aO.02' ,o "'UTILITY — s — S1'24'25'W EASEMENT 4.14' 39'33`55"N' 7.86' r MI-27-1 :/I i 0 w N 0 r C m Z 1 �Z 0 N K� F a I. Y * N P N � N O N Z SIDEWALK EASEMENT 49 sqR. 26'50'13'E 5.33' re M. AF.e 108236 WEST INNING STREET Q 1.5' SIOEWALK EASEMENT (631 soft) , 2.31 h w a d 25213.0N'0 Lt -07 -13 1_ AGENDA REPORT FOR: City Council November 25, 2013 TO: Gary Crutchfiel ag� Regular Meeting: 12/2/13 Rick Terway, A in. & omm ervices Director FROM: Dunyele Mason, Financial Services Manager '1 ^ SUBJECT: 2014 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS I. REFERENCE(S): A) Proposed 2014 Annual Operating Budget Ordinance B) Proposed 2014 Capital Projects Budget Ordinance II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION: 12/2: CONDUCT A PUBLIC HEARING MOTION: I move for the first reading of Ordinance No. for consideration of the 2014 Annual Operating Budget. MOTION: I move for the first reading of Ordinance No. for consideration of the 2014 Capital Projects Budget. HI. FISCAL IMPACT: A) $143,744,293 - Annual Operating Budget B) $ 43,071,706 - Capital Projects Budget IV. HISTORY AND FACTS BRIEF: The 2014 Preliminary Budget was discussed at the Council workshop meeting held on November 12, 2013. General Fund Revenues and Expenditures were discussed as well as other operating fund budgets, and each City Department Head gave a briefing and answered questions regarding oversight of their respective operating and capital projects budgets. A copy of the 2014 Preliminary Budget document is available for review at the Pasco Public Library. The document is also available for viewing and printing from the City's internet site at www.pasco- wa.gov, under "Publications" and then clicking on "Financial Reports" and then clicking on "Budget." V. DISCUSSION: Since the Council Workshop held on November 12, 2013 there was a correction to the 2014 Heavy Equipment Operator position count on page 68 and a correction to the narrative description in the City Manager section on page 16. There were no changes to any dollar amounts. 7(a) ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2014. WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Pasco has approved an operating budget for the year 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section One. The following budget containing the totals set forth for each fund for the year 2014 is hereby adopted. FUND EXPENDITURE REVENUE GENERAL FUND CITY STREET FUND $ 44,487,687 $ 44,487,687 ARTERIAL STREET FUND 2,688,151 2,688,151 1 -182 CORRIDOR TRAFFIC IMPACT FUND 646,606 646,606 STREET OVERLAY FUND 1,183,787 1,183,787 COMMUNITY DEVELOPMENT GRANT FUND 3,713,352 3,713,352 M.L. KING JR. COMMUNITY CENTER FUND 1,438,668 1,438,668 AMBULANCE SERVICES FUND 193,051 193,051 CITY VIEW CEMETERY FUND 4,139,338 4,139,338 BOULEVARD PERPETUAL MAINTENANCE FUND 325,225 325,225 ATHLETIC PROGRAM FUND 2,055,556 2,055,556 GOLF COURSE 268,419 268,419 SENIOR CENTER OPERATING FUND 1,696,935 1,696,935 MULTI -MODAL FACILITY FUND 332,459 332,459 SCHOOL IMPACT FEES 162,948 162,948 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 1,502,448 1,502,448 SPECIAL LODGING ASSESSMENT FUND - 28,839 28,839 LITTER ABATEMENT FUND 209,494 209,494 REVOLVING ABATEMENT FUND 16,309 16,309 TRAC DEVELOPMENT & OPERATING FUND 345,799 345,799 PARK DEVELOPMENT FUND 370,228 370,228 CAPITAL IMPROVEMENTS FUND 1,977,203 1,977,203 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 3,741,935 3,741,935 STADIUM /CONVENTION CENTER FUND 2,154,297 2 154 297 LID DEBT SERVICE FUND 401,229 401,229 G.O. BOND DEBT SERVICE FUND 4,425,603 4,425,603 GENERAL CAPITAL PROJECTS 475,363 475,363 WATER/ SEWER UTILITY FUND 9,234,070 9,234,070 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE 35,732,009 35,732,009 EQUIPMENT RENTAL OPERATIONS FUND - PROPRIETARY TYPE 1,067,716 1,067,716 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 542,883 542,883 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 5,734,327 2,707,832 5,734,327 MEDICAL / DENTAL INSURANCE FUND 6,395,858 2,707,832 6,395,858 CENTRAL STORES FUND 12,846 12,846 CITY VIEW CEMETERY ENDOWMENT 451,525 451,525 OLD FIRE MEDICAL (OPEB) 1,443,855 1,443,855 OLD FIREMEN'S PENSION TRUST FUND 1,440,443 1,440,443 GRAND TOTAL ALL FUNDS $ 143,744,293 $ 143,744,293 Section Two. This Ordinance shall be in full force and effect on January 1, 2014. PASSED by the City Council of the City of Pasco this 16th day of December, 2013. ATTEST: Debra L. Clark, City Clerk Matt Watkins, Mayor Approved as to Form: Leland B. Kerr, City Attomay ORDINANCE NO. AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2014 WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following capital Project Budget for the year 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One: That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. The Budget is adopted at the cumulative project level. status Project Title - 205,820 General Projects (2013 Continued) Continuing Fire Alerting Systems Continuing Muni Courthouse Continuing Financial System - HR & Payroll Continuing Financial System - Financials Continuing Financial System - Utility & ProJ Acctg 275.024 Total General Projects (2013) Park & Facilities 12013 Continued Continuing Replace Kurtzman Pool Continuing Animal Shatter Facility Continuing 30 Acre Park NW Quad 2013 Supp New Three Rivers Park Total Park & Facilities (2013) Park & Facilities (New 2014) 2014 New Memorial Shelter & ADA Path Total Park & Facilities (2014) CIP Budget Increase New CIP Budget 2013 Decrease Protect 2014 100,000 105,820 - 205,820 3,105,292 628,916 - 3,734,208 170,120 27,642 - 197,762 197,940 35,274 - 233,214 223,030 51,994 275.024 3,796,382 849,646 4,646,028 250,000 - - 250,000 203,000 - - 203,000 360,000 240,000 - 600,000 210,000 210,000 813,000 450,000 1,263,000 100,000 100,000 - 100,000 100.000 Water Construction (2013 Continued) Plants Meters. & Pump Stations Continuing Columbia Water Supply Project 571,273 103,494 - 674,767 Continuing 2011 Fillrat Plant Improv (Storage Bldg) 105,300 155,200 - 260,500 street Construction (2013 Continued) Roads Continuing 4th Ave Corridor - North Segment 748,850 78,600 - 827,350 Continuing Road 681mpmvemems (Phase Ip 666,963 1,033,037 - 1,700,000 Continuing Poweriine Read 915,907 275,000 - 1,190,907 Continuing Argent Road (Road 44 to 20th Ave) 2,500,000 (100,000) - 2,40g,000 Continuing Oregon Ave (SR397)- Phase ) 230,400 1,352,000 - 1,582,400 Continuing Oregon Ave (SR397) - Phase 2 194,560 (2,000) - 192,560 Continuing Oregon Ave (SR397) - Entrance (Ph 2 Intersection) 87,040 (38,650) - 48,390 Continuing LID #149 Kurtzman - STREETS 758,799 (41,678) - 717,121 2013 Supp New Lewis Street Demolish - Phase 1 - 578,035 - 578,035 2013 Supp New Dual RT SB Road 68 - 630,000 - 630,000 Continuing 2011 STP Grant Overlays 1,116,152 125,000 - 1,241,162 Continuing 4th Ave Block Wall 30,000 1,558 - 31,558 Continuing Rd 100 Widening Ph I - Sidewalk Extension 18,000 (100) - 17,900 S nal Continuing Interconnect Road 68 Signals 200,000 50,000 - 250,000 2013 Supp New Traffic Signal Controller Upgrade - 1,601,274 - 1,601,274 2013 Supp New Bus Pre- Exemption @ CBC/Argent - 45,563 - 45,563 Ramos & Under/Over Pas ass Continuing Lewis St Overpass 5,770,943 181,000 - 5,951,943 Continuing Lewis St One Way Couplets 215,600 216,600 Total Street Construction (2013) 13,453,214 5,768,539 19,221,763 Street Construction (New 20141 Roads 2014 New 2014 Alley Hard Surfacing (Chip Sealing) - - 80,000 80,000 2014 New Road 76 Widening - - 210,000 210,000 Ramos & Under /Over Passes 2014 New 1 -182 Off and On Ramp - - 350,000 350,000 2014 New Off Ramp at Road 44 100,000 100 000 Total Street Construction (2014) - 740,000 740,000 Economic & Industrial Development Construction (New 20141 2014 New Farm Share - valve/Meter /SCADA 2014 Replace 107,760 107,760 Total E & I Development Construction (2014) - 107,760 107,760 Water Construction (2013 Continued) Plants Meters. & Pump Stations Continuing Columbia Water Supply Project 571,273 103,494 - 674,767 Continuing 2011 Fillrat Plant Improv (Storage Bldg) 105,300 155,200 - 260,500 Status Project Title Continuing East Side Booster Station Upgrade (BS 2.1) Continuing 2013 Meter Replace 8 Cross Connect 2013 Supp New Butterfield WTP - Travelling Screens Distribution - Extensions 2013 Supp New Waterline Ext - Broadmoor Tank Total Water Construction (2013) Water Construction (New 20141 Plants. Meters. & Pump Station< 2014 New Butterfield WTP 24 In. Valve Replace 2014 New Butterfield WTP - South Basin Drain By -Pass Distr/bution - Extension 2014 New Wanted Pipeline 2014 New WTR Line EM - County Rd 100 /Dent Rd Total Water Construction (2014) Sewer Construction (2013 Continued) Plant and Li0 Stations Continuing Commercial & Kahlotus Swr Ext - South Continuing 2013 W WTP Imp - Screw Press 2013 Supp New W WTP - Primary Clanfier No. 3 Total Sewer Construction (2013) PWRF Construction (2013 Continued! Continuing PWRF Plant - Phase l - Screening Continuing PWRF Plant - Phase 2 -Sad Basin Continuing Phase 3 - SOD Anaerobic Pond 2013 Supp New Phase 3 - BOD- Screw Press 2013 Supp New Phase 3 - BOD Winter Storage Pond (30 MG) 2013 Supp New Phase 5 - EO Basin Rebuild 2013 Supp New Phase 6 - Valve/Meter /SCADA 2014 Replace Total PWRF Construction (2013) %grmwater Construction (2013 Continued) Continuing LID#149 Kurtzman - STORM Continuing LID Riverview Estate Stonnwater Total Stonawater Construction (2013) Irrigpdon Construction (2013 Continuedl Continuing USSR Inig Connection Continuing Well House -Linda Loviias 2013 Supp New 2013 Well House - First Place Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2013 CONTINUING TOTAL 2014 NEW TOTAL CIP BUDGET CIP Budget Sewer Construction (New 2014) CIP Budget Collections - Extensions 2014 New 2014 Annual Sewer Line Extensions 2014 New 30' Main (NW Area) 500,000 Collections - Replacements 2014 New 2014 Annual Sewer Line Re- lining Program 2014 New West Pasco Trunk Sewer Repair 615,000 Total Sewer Construction (2014) PWRF Construction (2013 Continued! Continuing PWRF Plant - Phase l - Screening Continuing PWRF Plant - Phase 2 -Sad Basin Continuing Phase 3 - SOD Anaerobic Pond 2013 Supp New Phase 3 - BOD- Screw Press 2013 Supp New Phase 3 - BOD Winter Storage Pond (30 MG) 2013 Supp New Phase 5 - EO Basin Rebuild 2013 Supp New Phase 6 - Valve/Meter /SCADA 2014 Replace Total PWRF Construction (2013) %grmwater Construction (2013 Continued) Continuing LID#149 Kurtzman - STORM Continuing LID Riverview Estate Stonnwater Total Stonawater Construction (2013) Irrigpdon Construction (2013 Continuedl Continuing USSR Inig Connection Continuing Well House -Linda Loviias 2013 Supp New 2013 Well House - First Place Total Irrigation Construction (2013) TOTAL CIP BUDGET TOTAL 2013 CONTINUING TOTAL 2014 NEW TOTAL CIP BUDGET CIP Budget Increase New CIP Budget 1,685,000 (Decrease) Project 2014 210,000 290,000 - 500,000 150,000 - - 150,000 - 615,000 - 615,000 140,000 140,000 1,036,573 1,303,694 2,340,267 260,000 260,000 70,000 70,000 - 10,000 10,000 372,600 372,500 712,500 712,500 1,727,609 (1,615,337) - 112,272 1,685,000 (1,185,000) - 500,000 1,350,000 2,340,000 2,340 000 3,412,609 (460,337) 2 952 272 200,000 200,000 399,597 399,597 - 400,000 400,000 445 000 445.000 - 1,444,597 1,444597 2,532,781 (311,211) - 2,221,570 940,000 143,530 - 1,083,530 1,350,000 750,000 - 2,100,000 - 255,000 - 255,000 - 487,000 - 487,000 - 500,000 - 500,000 - 100,817 100,817 4,822,781 1,925,136 6,747917 45,000 - - 45,000 115,000 115,000 160,000 160,000 2,499,843 15,869 - 2,515,712 60,000 (100) - 59,900 60,000 60,000 2,559,843 75,769 2,635612 30,054,402 9 912 447 3 104 857 43 071 706 30,054,402 9,912,447 - 39,966,849 - 3,104857 3,104,857 30,054 402 9 912.44i 3 104 , 857 432!6 04117 3 071 706 Section Two: This Ordinance shall be in full force and effect on January 1, 2014 PASSED by the City Council of the City of Pasco this 23rd day of December, 2013. ATTEST: DEBRA L. CLARK, CITY CLERK MATT WATKINS, MAYOR APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY AGENDA REPORT FOR: City Council °, November 20, 2013 TO: Gary Crutch anager Workshop Mtg.: 11/25/13 Rick White, , Regular Mtg.: 12/02/13 Community & �conomic Development Director'] FROM: Dave McDonald, City Planner I� SUBJECT: DEDICATION DEED: Deed for St Francis Lane (MF# DEED 2013 -008) I. REFERENCE(S): 1. Vicinity Map 2. Dedication Deed from Tapteal II, LLC 3. Proposed Street Name Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 11/25: DISCUSSION 12/2: MOTION: I move to accept the dedication deed from Tapteal II, LLC for Saint Francis Lane. 12/2: MOTION: I move to adopt Ordinance No. , an Ordinance establishing a name for the newly constructed street connecting Chapel Hill Boulevard with Saint Thomas Drive and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In December of 2011 the City Council approved a Joint Development Agreement between the city, Tri- Cities Prep and Tapteal II, LLC for the development of a new street connecting St Thomas Drive with Chapel Hill Boulevard. The new street was needed to avoid safety conflicts and inadequate stacking on Broadmoor Boulevard in the vicinity of Saint Thomas Drive. B. On September 3, 2013 the Council accepted the name of Saint Francis Lane for the new street. Since that time street signs have been installed and all other construction has been completed. To finalize obligations under the Joint Development Agreement Tapteal II, LLC is required to deed Saint Francis Lane to the city for a public street. A copy of the Tapteal II, LLC deed is attached under Reference 2. C. The Council previously accepted the name of Saint Francis for the street but, now that a deed has been provided dedicating the street to the public the Council can officially name it through the adoption of an ordinance. Streets that are not named as part of the platting process are officially named by ordinance. The proposed ordinance attached under Reference 3 will officially establish the street name. 8(a) Zri r u_ A14L 1 {s fir. t.. . '� ;," '• - - µ'.xs -[:,. C'AL—b' tea ^k r Lyy1 kM Pl .a1��� yL r� r..1 eklOtttkxW J' I 0 i^ L'2 x 4kk P+kF6rk6[xtt•'6 � '�- lb ' J wj Z) a ct i--� ( 4� � � � ' .�'� �Nr'• x ct Nr U • • r . � 2• es r xe a� rr 1��y y ' y � i a h � 1 ®A18 {tlooY (l Y Ob8 J • � r ; i� s After Recording, Return To: City of Pasco, Washington Attn: City Planner 525 North 3rd Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 115470020 THE GRANTOR, TAPTEAL II LLC. a Washington State Limited Liability Company, by donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right -of -way and all interest in the land described as follows: Lot, 3 Binding Site Plan 2011 -08 as recorded in Book I of Binding Site Plans, Page 155, Records of Franklin County, Washington. DATED this ULI_ day of �R 6 2013. GRA TO Grant E. ' u Manager /Trustee, Tapteal II LLC STATE OF WASHINGTON ss. County of Franklin Dedication Deed - 1 State f On Ce(112 1or n 3 t 'YLLnGr s Cof � boe mo, c:. W . - Notary public. personalty appeared "KA who proved to me on the basis of satisfactory ev nOs to be fife persMW*hosa nameM istamsubsenbed to the Within instrument and sciou"'i dged to me thathe /shvAherexecuted the some in hlslperftir authorized capachy($F. and that by his/haNN+elt•signaturaW on the instrument the personit, or the entity upon behalf of which theper son(st acted. executed tneinstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT NESS my hand and official seal. %Wm9p wmniuunmwrmwuuuwc TSUNG #1g05a89 lic- California ii cisco County a a M� Comm. Ex4ires Sep. 27, 2014'_ Smm�m mm�nn n�n;: .. +nnnnnmm mnnunnnwnniF. ORDINANCE NO. AN ORDINANCE establishing Saint Francis Lane as the name for the new street connecting Chapel Hill Boulevard with Saint Thomas Drive. WHEREAS, the identification of streets plays an important function in maintaining the safety and welfare of the public; and, WHEREAS, street names are the principal means for the public to reference and locate properties in the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the street constructed through Lot 3, Binding Site Plan 2011 -08 be and the same is hereby named and shall henceforth be referred to and known as Saint Francis Lane. Section 2. This ordinance shall be in full force and effective after its passage and publication as required by law. PASSED this 2 °d day of December 2013. Matt Watkins Mayor ATTEST: Debra Clark, CMC City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 49 FOR: City Council TO: Gary Crutchfie anager Ahmad Qayo , bhc Works FROM: Michael A. Pawlak, City Engine( November 25, 2013 _ _n(ular Mtg.: 12/02/13 SUBJECT: Resolution Setting Public Hearing for LID 149 Final Assessments I. REFERENCE(S): 1. Resolution 2. Vicinity Map 3. Notice of Public Hearing II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/02: MOTION: I move to approve Resolution No. fixing 7:00 th p.m. Monday, January 6, 2014, as e re- scheduled time and date to conduct a public hearing to consider the Final Assessment Roll of LID No. 149. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 149 was formed by Ordinance No. 4035 on December 19, 2011. B) The LID included the construction of roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street. C) Construction work is now complete. The final assessment roll must be approved by City Council after direct notice to the property owners and a public hearing. D) During the Fall of 2013, City Council held a public hearing on the final assessments for LID 149, took comments from the public and discussed the assessment calculation methodology. Council concluded that the methodology should be revised in order that the LID assessments might be more equitable for all property owners, and directed staff to revise those calculations and reset the final assessment acceptance process. V. DISCUSSION: A) Staff has responded to Council's direction and re- calculated the individual property final assessments. B) Staff recommends that the City Council approve the Resolution to set the Public Hearing for the Final Assessment Roll. 8(b) CITY OF PASCO, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 149; FIXING THE TIME AND PLACE FOR HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 149; AND DIRECTING THAT NOTICE THEREOF BE GIVEN IN THE MANNER REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section 1. The final assessment roll for Local Improvement District No. 149, which was created and established by Ordinance No. 4035 (passed by the City Council on December 19, 2011), has been prepared as provided by law and is on file with the City Clerk. Section. 2. The hearing on the final assessment roll for Local Improvement District No. 149 will be held before the City Council on January 6, 2014 at 7:00 p.m., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. ADOPTED by the City Council of the City of Pasco, Washington, at a special regular open public meeting thereof on the 2nd day of December, 2013. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 50968033.1 EXHIBIT A LID 149 — Kurtztnan's Park Phase 3 Street Improvements In — From — To Description In Street From To S. Hugo Avenue E. Alton Street E. Lewis Street S. Cedar Avenue (West half street ) E. Alton Street E. Lewis Street E. Alton Street S. Hugo Avenue S. Cedaz Avenue The LID 149 Improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting, and associated improvements all to City street standards. 5096R4ti.1 EXHIBIT B LID 149 — Kurtzman's Park Phase 3 Street Improvements Legal description of the boundary: That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East, Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately described as follows: Commencing at the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian (W.M.), in the City of Pasco, Franklin County, Washington: thence, southerly along the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the south right -of -way line of East Lewis Street, being the True Point of Beginning; thence, westerly across the right -of -way of South Cedar Avenue to the southwest corner of East Lewis Street and South Cedar Avenue; thence, westerly along the south right -of -way line of East Lewis Street across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across the right -of -way of South Hugo Avenue; continuing westerly across the north line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence, southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002 -16, Lot 1, 2, and 3, Short Plat 99 -01, Lot 1, 2, and 3, and Short Plat 97- 19, Lot 1 and 2 to the southwest comer of said Lot 2; thence, continuing southerly across East Alton Street to the south right -of -way line of East Alton Street; thence, easterly along the south right -of -way line of East Alton Street to the west right -of -way line of South Cedar Avenue; thence easterly across the right -of -way of South Cedar Avenue to the center section line of Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or less, to the True Point of Beginning. 50968933.1 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. _ (the "Resolution ") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on December 2, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. 2013. IN WITNESS WHEREOF, I have hereunto set my hand this day of December, CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk 50968933.1 LID 149 Kurtzman Area Phase 3 =� Revised Boundary E LEWIS ST _ - E. LEWiS Std `....e.:. ,.2 - '� .. ..� F tea' •n5 3" -25 4 30 �I ^r 21.x:, 7 30 + 8 30 9 40 171i 31A 12 31B � - -- ., 4 -- —_ 31 C w 301 •-_ _ 1-5 T!i N AL o Number = LID Final Assessment Roll Number i CITY OF PASCO, WASHINGTON NOTICE OF HEARING ON FINAL ASSESSMENT ROLL LOCAL IMPROVEMENT DISTRICT NO. 149 NOTICE IS GIVEN that the final assessment roll for Local Improvement District No. 149 (the "District') established for the purpose of construction and improvements to South Cedar and South Hugo Avenues and East Alton Street to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting, has been filed. The improvements and LID 149 were ordered by Ordinance No. 4035 of the City of Pasco, Washington (the "City "). The assessment roll has been prepared as required by law and is on file and open to inspection at the office of the City Clerk at City Hall, 525 N. Third Avenue, Pasco, Washington. NOTICE FURTHER IS GIVEN that the City Council of the City has fixed the time for the hearing upon the final assessment roll for 7:00 p.m., local time, on January 6, 2014, in the Council Chambers in the Pasco City Hall, 525 N. Third Avenue, Pasco, Washington. Any person desiring to object to any assessment appearing on the final assessment roll for the District is notified to make all objections in writing and to file them with the City Clerk on or before the date fixed for the hearing on the final assessment roll. All objections must state clearly the grounds of the objections and shall contain lot, block and addition, section, tax number, or other identifying description of the property. At the time and place fixed, and at such other times to which the hearing may be adjourned, the City Council will sit as a board of equalization for the purpose of considering objections duly filed, together with all information and evidence in support of those objections, and for the purpose of considering such assessment roll. At the hearing, or adjournment thereof, the City Council may correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order a new assessment. Following the hearing, the City Council will confirm the assessment roll by ordinance. When property has been entered originally upon the roll, and the assessment thereon is not raised, no objection shall be considered by the City Council or by any court on appeal unless the objection is made in writing at or prior to the date fixed for commencement of the hearing upon the roll. The amount set forth on the attachment is the amount of the assessment shown on the assessment roll against the property described thereon as the proportionate share of the cost of the improvements constructed in the District to be borne by such property: Debra L. Clark, City Clerk City of Pasco, Washington Publish: December 8, 2013 December 15, 2013 51302298.1 AGENDA REPORT TO: City Council FROM: Gary SUBJECT: Sandifer Property Assignment Agreement I. REFERENCE(S): 1. Vicinity Map 2. Proposed Assignment Agreement November 27, 2013 Regular Mtg.: 12/2/13 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/2: MOTION: I move to approve the Partial Assignment Agreement with West Pasco LLC and, further, authorize the City Manager to sign the Agreement. III. FISCAL IMPACT: Reduces city's purchase obligation from $2.8 million to $1.4 million. City portion to be financed through Economic Development Fund. IV. HISTORY AND FACTS BRIEF: A) The City, in November 2012, entered into a purchase agreement with Old Standard Life Insurance Company, owner of the 28 -acre site immediately west of the Broadmoor Mall and south of Sandifer Blvd. Purchase price was fixed at $2.8 million and required closing to occur by January 31, 2014 or the city would forfeit its earnest money deposit of $60,000. The purpose of that purchase agreement was to secure the preferred site for the potential regional aquatics center, which was subsequently rejected by voters in August 2013. B) Following the August vote, staff explored with the seller various options to avoid loss of the earnest money deposited. One option was to purchase a smaller parcel (2- 3 acres) north of Sandifer Parkway for some future municipal use. The other option was to assign the city's purchase right to another party or purchase the entire site. Given the city's interest in promoting economic development and, in particular, encouragement of commercial development in the Road 100 interchange area, staff has identified an option which involves partial assignment to another party and city purchase of the balance. This option is embodied in the proposed partial assignment agreement with West Pasco LLC (owned by Leonard Dietrich, former owner of Basin Disposal). V. DISCUSSION: A) The city purchase of the 14 -acre portion provides the city with the opportunity to actively engage in commercial development promotion, as the Economic Development Fund is intended; the city will take a leading role at that location, rather than merely wait for development to happen. The Assignee (West Pasco LLC) has agreed to cooperatively market and develop its portion of the property in a fashion consistent with the city's plans and efforts, including agreement to sell any needed portion to the city or its development sponsor at the same price negotiated by the city. B) As the proposed agreement will allow the city to become actively engaged in commercial development of the Road 100 interchange area and reduces substantially the city's financial obligation to do so while ensuring a cooperative development plan for the entire 28 -acre site, staff recommends approval of the proposed agreement. 10(a) PARTIAL ASSIGNMENT OF PURCHASE AGREEMENT THIS PARTIAL ASSIGNMENT OF PURCHASE AGREEMENT ( "Assignment') is entered into this day of December, 2013, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "Assignor"; and West Pasco, LLC, a Washington Limited Liability Company, hereinafter referred to as "Assignee." WHEREAS, Assignor has entered into a Real Estate Purchase Agreement between Old Standard Life Insurance Company, in Liquidation, an Idaho Corporation, as "Seller", and the Assignor as `Buyer ", for the purchase of real property ( "Property") consisting of approximately 28 acres, and more particularly described in the Purchase and Sale Agreement attached as Exhibit A and incorporated hereto, which sale is scheduled to close on January 31, 2014; and WHEREAS, the Assignor desires to assign to Assignee, and Assignee desires to accept from Assignor, Assignor's right to acquire a portion of the property at the time of closing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Assignor and the Assignee agree as follows: 1. Assignment. Assignor hereby assigns and sets over to Assignee, Assignor's right to acquire that portion of the property as described in Section 2 below, and the related representations and warranties of Seller with respect thereto, and Assignee hereby accepts such assignment and assumes the obligations of Assignor under the Purchase Agreement with respect to the assigned property. 2. Assigned Property. The assigned property consists of 13.8 acres, more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, which constitutes 49.6 percent of the Property. 3. Closine. At closing, Assignee shall pay $1,388,800.00 constituting 49.6 percent of the total purchase price of $2,800,000.00, together with 50% of the "Buyers" closing costs as designated in the Purchase Agreement. 4. Additional Consideration. As additional consideration and essential to this Agreement, the Assignor's intent incident to this Assignment is that the assigned property be put to beneficial use to increase the tax base and promote commercial development within the City of Pasco. For that purpose, Assignee warrants to: A. Promote use of the property for urban development in conformance with the City's Comprehensive Plan. B. Coordinate its efforts and cooperate with the Assignor for development of the property as a single, complimentary, and compatible development. Partial Assignment of Purchase Agreement - 1 C. Obtain written approval by the City of any sale or development of the property by written notice at least thirty (30) days prior to the closing or commitment of such property for development, sale, or long -term lease, which approval shall not be unreasonably withheld, and shall be in addition to any land use permitting decision required by law. D. In the event that the Assignor secures a development commitment for a development that exceeds the amount of the Assignor's retained property, the Assignee agrees to sell to the Assignor all or a part of the assigned property to the City or its Assignee for a specific development approved by the City at the same price/sq ft as that paid to the City by the specific development sponsor provided, however, the Assignor provides at least 30 days advanced written notice of its intent to purchase all or portions of the assigned property; identifies that specific portion of the assigned property to be purchased by the City or its Assignee, and such portion shall not unreasonably impair the value or the development potential of the Assignee's remaining portion of the assigned property. E. Use best efforts to provide for the prompt development of the property utilizing reasonable efforts to market the property as is customary for the marketing of commercial property within the Tri-City region. The provisions of this Section shall survive closing. 5. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute between the parties regarding the breach, enforcement or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parries, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 6. Counterparts. This Assignment may be executed in any number of counterparts. Each such counterpart shall be deemed an original. IN WITNESS WHEREOF, this Partial Assignment is effective this day of December, 2013. ASSIGNOR: City of Pasco, Washington By: Gary Crutchfield, City Manager ASSIGNEE: West Pasco, LLC LE Partial Assignment of Purchase Agreement - 2 ExhlbltA REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION THIS REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION COURT CONFIRMATION ( "Agreement') is entered into as of the date signed by the last of the parties hereto (the "Effective Date ") by and between OLD STANDARD LIFE INSURANCE COMPANY, IN LIQUIDATION, an Idaho Corporation ( "Seller") and THE CITY OF PASCO, and/or assigns ( "Buyer"). ARTICLE 1. PROPERTY; PURCHASE PRICE SECTION 1.01. Buyer agrees to purchase from Seller all of Seller's right title and interest in and to that certain real property located In the City of Pasco, Franklin County, State of Washington, more particularly described on Exhibit attached hereto and by this reference incorporated herein and all fixtures, buildings, and improvements thereon (the "Property') on the terms and conditions set forth below. SECTION 1.02. The purchase price for the Property shall be the sum of Two Million Eight Hundred Thousand and No /100ths Dollars ($2,800,000.00) payable by Buyer to Seller as follows: (a) $60,000 To be deposited by the Buyer in escrow with the Title Company within one (1) business days after the Effective Date (the "Deposit"). Initially, the Deposit shall consist of an earnest money note in the form attached hereto as Exhibit B (the "Earnest Money Note "), The Earnest Money Note shall be converted to cash upon Buyer's issuance of a Notice to Proceed. (b) $2,740,000 Balance due at Closing. (c) $2,800,000 Total Purchase Price ARTICLE 2. ESCROW SECTION 2.01. OPENING ESCROW AND CLOSING. An escrow shall be opened at First American Title Insurance Company, 200 SW Market Street, Suite 250, Portland, Oregon 97201, herein referred to as the "Title Company", to consummate the purchase of the Property pursuant to this Agreement. The closing of the sale and conveyance of title on the terms and conditions hereof (the "Closing") will take place commencing at 10:00 A.M. at the office of the Title Company, or at such other time and/or location as the parties agree, on January 31, 2014 (the "Closing Date "); provided that if such date is not a business day, on the next succeeding business day, SECTION 2.02, CONDITIONS OF CLOSING. The Closing of sale and conveyance of title to the Buyer and the respective obligations of Buyer and Seller to consummate the transactions contemplated under this Agreement are conditioned on: 37711010 11/2a12 Mh1910Md atandwd fide%roadm , P86= Pee.3 (a) Liquidator and/or Court Confirmation of this sale as follows: 1. Seller shall have accepted this Agreement by executing below in the space provided. When this Agreement has been accepted in this manner, it shall constitute a binding obligation upon the Buyer to purchase and Seller to sell the Property on the terms and conditions as set forth herein. 2. Seller shall petition the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, in connection with Case Number CV OC 0401574D (hereinafter "Court") for confirmation of this Agreement no later then thirty (30) days after the date of Buyer's issuance of the Notice to Proceed. 3. The Court shall have entered an order approving this Agreement and the transactions contemplated hereunder (the "Sale Order"). Upon the Court's entry of the Sale Order, the Deposit shall be disbursed to Seller; provided, however, if a party objected to entry of the Sale Order, then the Deposit shall not be disbursed to Seiler until the Sale Order becomes a Final Order. The parties hereby authorize and direct the Title Company to disburse the Deposit to Seller. If the Court denies Sellers motion for the Sale Order, then this Agreement shall automatically terminate and the Deposit shall be refunded to Buyer. 4. The Sale Order shall have become a Final Order. As used in this Agreement the term "Final Order" shall mean an order of the Court as to which the time for appeal has expired without a notice of appeal having been filed or, if a notice of appeal has been filed, as to which no stay pending appeal has been entered; provided that the possibility that a motion under Rule 59 or Rule 60 of the Idaho Rules of Civil Procedure, may be filed with respect to such order shall not cause such order not to be a Final Order. (b) No domestic or foreign, federal, state, county, parish, municipal or other local court, agency, department, legislative body, commission, council, board or other administrative of governmental body shall have issued any order, writ, judgment, injunction, decree, determination or award that directs that the transactions contemplated hereunder not be consummated. (c) The conveyance to Buyer of title by Special Warranty Deed free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following (each a "Permitted Encumbrance "): 1. Current property taxes and current bond(s) or improvement assessment(s), if any; 2. Matters not in the public record which would be disclosed by a survey or physical inspection of the Property; and 37711010 1120/12 UN $W lard INOWDadmw Z h pa= pm3 3. Covenants, conditions, restrictions, easements, and other matters of record, if any, unless disapproved by Buyer in writing within twenty (20) days of receipt of a current commitment for issuance of an ALTA owner's policy in the amount of the Purchase Price issued by the Title Company, together with legible copies of all documents referenced therein (collectively, the "Title Commitment'), which shall be furnished at Seller's expense. Any matter shown on such Title Commitment and not objected to by Buyer shall be a Permitted Encumbrance hereunder. Seller will have five (5) days after receipt of Buyer's objections to cure such objections. If Buyer's objections are not cured within such 5-day period, Buyer will have the option to either. (a) terminate this Agreement, in which case the Deposit shall be refunded to Buyer; or (b) waive the objections and proceed to Closing, in which case such matters shall be Permitted Encumbrances. Seller shall furnish the Title Commitment to Buyer within ten (10) days after Seller's acceptance. At the Closing, Seller shall cause the Title Company to irrevocably commit to issue an owner's policy of title insurance in the form of a "marked up" Title Commitment or a proforma showing title to the Property vested in Buyer subject only to the Permitted Encumbrances. Seiler shall pay the portion of the title insurance premium applicable to a standard ALTA form owner's policy. Buyer shall pay the portion of the premium attributable to extended coverage and the cost of any endorsements required by Buyer. (d) [Intentionally omitted). (e) The purchase of the Property is contingent upon a ninety (90) day due diligence and feasibility period (hereinafter referred to as the "Due Diligence Term ") which shall commence upon the Effective Date. During the Due Diligence Tenn, Buyer may complete physical and geological inspections of the Property and improvements thereon, including but not limited to, taking soil borings as desired, obtaining engineering studies, and such other matters relating to the Property as Buyer deems appropriate, so as to ensure that the Property is acceptable in its "As -Is" condition. Such inspection shall be at Buyer's sole cost and expense. Buyer will indemnify, defend, and hold Seller harmless from and against any claims for injury or death to persons, damage to property or other losses, actual damages or claims, including, without limitation, claims of any tenants, and including, in each instance, reasonable attorneys' fees and litigation costs, arising out of any action of any person or firm entering the Property on Buyer's behalf as aforesaid, which indemnity shall expressly survive Closing or the earlier expiration or termination of this Agreement. BUYER IS PURCHASING THE PROPERTY "AS IS, WHERE IS" IN ITS PRESENT CONDITION. BUYER HAS THE OPPORTUNITY TO INSPECT THE PROPERTY AS PROVIDED HEREIN. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH 377V0101IM12 •3 • oshiph y wd standard memroadmoor pesw pa.3 r RESPECT TO, HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR; (A) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, ^ STRUCTURES OR IMPROVEMENTS THEREON OR THE SUITABILITY OF THE PROPERTY FOR HABITATION OR FOR BUYER'S INTENDED USE, (B) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR ; REGULATIONS OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AUTHORITY; (C) THE AVAILABILITY OR EXISTENCE OF �{ ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY r, WATER, SEWER OR UTILITY DISTRICTS; (D) ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER OR UTILITY SYSTEMS; OR (E) THE y r s PRESENCE OF ANY HAZARDOUS SUBSTANCES AT THE PROPERTY OR IN . ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR UREA - FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON L ^ OR UNDER THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS �f— GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT <L THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS AT THE PROPERTY, INCLUDING WITHOUT LIMITATION, SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION. Ll During the term of this Agreement and at any time following the expiration r or earlier termination thereof, upon Seller's request, Buyer shall provide Seller with ;J 3 copies of any third party reports or surveys obtained by Buyer during the Due 5 - Diligence Term and any extensions thereof at no cost to the Seller. i.lpeq VP .J t V'S Prior to the end of the Due Diligence Term, the Buyer must accept the Property "As in its Is" condition. Said acceptance must be delivered to the Seller in writing reflecting that all contingencies set forth in this subsection (e) have been removed and Buyer's acceptance or waiver of all title matters in Section 2.02(c) "Notice (the to Proceed). Upon Buyer's issuance of the Notice to Proceed (i) the Earnest Money Note shall be converted to cash, and (ii) subject to Section 2.03 below, the Deposit shall be non - refundable to Buyer but applicable to the Purchase Price. If for any reason during Due Diligence Term, Buyer finds the Property unacceptable, in Buyer's sole and absolute discretion, Buyer must advise Seller in writing and the Agreement thereupon shall be terminated and the Earnest Money Note shall be returned to Buyer. If Buyer fails to issue the Notice to Proceed on or before the last day of the Due Diligence Term, then this Agreement shall automatically terminate and the Earnest Money Note shall be returned to Buyer. SECTION 2.03. FAILURE OF CONDITIONS. If any condition specified in Section 2.02 above is not satisfied or waived within one hundred eighty (180) days after the Effective Date, then either party may, at any time thereafter, elect to terminate this Agreement by giving written notice to the other party and the Title Company. The Title Company shall be, and is hereby, irrevocably instructed by Seller on receipt of such notice from either 377110101102011 cshVey\Wd slmdaid Ffelhmadm ,, E Pasco psa.3 party, to immediately refund to Buyer all monies and instruments deposited in escrow pursuant to this Agreement by Buyer. SECTION 2.04. PRORATIONS. The following prorations shall be made between Buyer and Seller at Closing: property taxes, rents, homeowner's /association dues (if applicable), and N/A . SECTION 2.05. BONDS AND ASSESSMENTS. Any bonds or improvement assessments which are a lien on the Property shall, at Closing, be paid /assumed by Buyer, except any past due/delinquent amounts shall be paid by Seller at Closing. SECTION 2.06. BROKERS' COMPENSATION AND DISPOSITION FEES. If Buyer is confirmed as the purchaser of the Property and thereafter performs in accordance with this Agreement, any and all compensation and disposition fees due to real estate or other brokers shall be paid by Seller at Closing based upon the confirmed sales price or, if no overbidding occurs, as follows: N/A of the accepted price to N/A who represents Seller; and N/A of the accepted price to N/A who represents Buyer. Seller and Buyer each warrant that they have dealt with no other real estate brokers in connection with this transaction except those brokers stated above. SECTION 2.07. EXPENSES OF ESCROW. The expenses of the escrow described in this section shall be paid in the following manner: (a) The cost of recording any deeds or other instruments required to convey title of the Property to Buyer as described in Section 2.02 of this Agreement shall be paid by Buyer. (b) Seller shall pay all real estate excise tax payable in connection with this transaction. (c) Any escrow fee charged by the Title Company shall be paid as follows 50% by Seller and 50% by Buyer. SECTION 2.08. POSSESSION. Possession of the Property shall be delivered to Buyer upon Closing. SECTION 2.09. TITLE. Title shall vest as follows: to Buyer, or an assign or a nominee, with Buyer remaining liable for the Purchase Price and any and all duties and obligations of the Buyer until the Close of Escrow, which shall be designated in writing by Buyer no later than 5 days prior to the Closing. SECTION 2.10, DISCLOSURE STATEMENT. Buyer and Seller agree and acknowledge that the Real Property constitutes "Commercial Real Estate" as defined in RCW 64.06.005. Buyer hereby waives receipt of a seller disclosure statement required 3771/010 11/20 /12 _ cah1&yVd elandard IdeV6 dm 5 Pasco p4a.3 under RCW 64.06 for transactions involving the sale of commercial real estate except for the section entitled "Environmental ". The seller disclosure statement as completed by Seller is attached to this Agreement as Exhibit C (the "Disclosure Statemenn. Buyer acknowledges its receipt of the Disclosure Statement and waives its right to rescind the Agreement under RCW 64.06.030. Buyer further agrees and acknowledges that the Disclosure Statement (a) shall be for disclosure only, (b) shall not be considered part of this Agreement, and (c) shall not be construed as a representation or warranty of any kind by the Seller. ARTICLE 3. MISCELLANEOUS SECTION 3.01. DEFAULT BY Buyer. Should Buyer fail to complete said purchase as herein provided by reason of any default of Buyer, Seller shall be released from its obligation t .sell the Property to Buyer and Seller shall retain the Deposit, as liquidated damages f default as Seller's sole and exclusive remedy hereunder. Buyer: ell SECTION 3.02. TIME. Time is of the essence in the performance of this Agreement. SECTION 3.03. MODIFICATIONS. All modifications or extensions shall be in writing signed by all parties. SECTION 3.04. LAND USE RESTRICTIONS. Buyer shall satisfy itself through sources of information, other than the Seller or real estate brokers, or salespersons of such brokers in this transaction, whether any public or private action in the form of a vote, initiative, referendum, local ordinance, law, or other measure presently in force or contemplated by a governing or other body may halt entirely or otherwise restrict Buyer's use of the Property for improvement or other use, and Buyer acknowledges that it has not relied on any advice or representations by the Seller or real estate representatives in this transaction for such independent information to any extent. SECTION 3.05. NOTICES. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto, or the Tille Company, shall be in writing and shall be deemed duly served and given when (a) personally delivered to any of the parties, to whom It is directed; (b) by deposit in the United States mail as first -class certified mail, return receipt requested, postage paid; (c) by overnight nationwide commercial courier service; or (d) by telecopy transmission with a confirmation copy to be delivered by duplicate notice in accordance with any of clauses (a) through (c) above, in each case, to the party intended to receive the same at the following address(es): 3771ro10 11120112 _ cehipleOM 51andard INelbr"dm r B paa paa.3 If to Buyer City of Pasco 525 North Third Avenue P.O. Box 293 Pasco, WA 99301 Attn: City Manager Phone: 509 - 545 -3404 Fax: 509 -545 -3403 With copy to: Kerr Law Group 7025 West Grandridge Blvd., Suite A Kennewick, WA 99336 Attn: Lee Kerr Phone: 509 -735 -1542 Fax: 509- 735 -0506 If to Seller: Old Standard Life Insurance Company, In Liquidation c/o VIDA Consulting, Inc. 1520 Hill Drive Los Angeles, CA 90041 Attn: Jackie Muro Phone: 310 -801 -0611 Fax: 323 - 259 -9773 With copy to: Old Standard Life Insurance Company, In Liquidation c/o Kane Corporation 67 Selby Lane, Suite 100 Atherton, CA 94027 -3926 Attn: Peter C. Kane Phone: 650- 369 -9100 Fax: 650 - 369 -9106 MW10 ttnat2 mhipley%old standard IlWbr dm r pasty pw,3 and to Alston Courtnage 8 Bassetti LLP 1420 Fifth Avenue, Suite 3650 Seattle, WA 98101 Attn: Charles E. Shigley Phone: 206 - 623 -7600 Fax: 206- 623 -1752 If to the Title Company: First American Title Insurance Company 200 SW Market Street, Suite 250 Portland, OR 97201 Attn: Rachael Rodgers Phone: 503- 795 -7608 Fax: 866 -406 -9291 Notice delivered in accordance with the foregoing shall be effective (a) when delivered, if delivered personally or by receipted -for telex, telecopier or facsimile transmission, (b) on the next business day after being delivered in the United States (properly addressed and all fees paid) for overnight delivery service to a courier (such as Federal Express) which regularly provides such service and regularly obtains executed receipts evidencing delivery, or (c) five (5) days after being deposited (properly addressed and stamped for first -class delivery) in a dally serviced United States mail box. Either party, Buyer or Seller, may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section. SECTION 3.06. DISCLAIMER OF WARRANTIES. The parties acknowledge that this transaction is entered into by them in full reliance on their own independent investigations, and not on any statements, representations, or agreements made by the other party, or by the broker(s), if any herein, or any salesperson(s) of such broker. It is also agreed by both parties that no statements, representations, or agreements made by either party, the broker(s), or any sales - person(s) of such broker(s), are valid unless such statements, representations or agreements are reduced to writing and made a part hereof. Seller expressly makes no warranties regarding the suitability of the Property for any purpose and Buyer acknowledges that all real property and improvements, if any, there are taken in an " s Is" Condition including all known and unknown defects. Bu ec Seller SECTION 3.07. ATTORNEY'S FEES. Should any litigation be commenced between the parties hereto concerning the Property, this Agreement, or the rights and duties of either in relation thereto, the party, Buyer or Seller, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose. 377110101 M20112 cahVeyldd slandaid hiMboaft= 6 paw pea.3 SECTION 3.08. ENTIRE AGREEMENT. This instrument contains the entire Agreement between Buyer and Seller respecting the Property, and any agreement or representation respecting the Property or the duties of either Buyer or Seller in relation thereto not expressly set forth in this instrument is null and void. SECTION 3.09. COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may be executed in any number of counterparts and all counterparts shall be deemed to constitute a single agreement. The execution of one counterpart by any party shall have the same force and effect as if that party had signed all other counterparts. The signatures to this Agreement may be executed on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement may be signed by facsimile, and each facsimile copy so signed shall be deemed an original hereof. SECTION 3.10. GOVERNING LAW; VENUE. This Agreement is governed by and construed in accordance with the laws of the State of Washington. At the option of Seller, the venue of any action hereon may be laid in Franklin County, Washington, other than Seller's motion to obtain the Sale Order which shall be heard by the Court. [Signatures on following page] smroro 11/2W12 "NyleyWid standard rde%brosdm 8 Pasco P88.3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year shown opposite their signatures below. BUYER: CITY OF PA70 By. \ Name: Title: (� /2,lvYffn�]tr r. Date: SELLER: OLD STANDARD LIFE INC4� RANCE COMPANY, IN LIQUIDATION, an Idaho Wrooration :. . rim Date: f 377 11010 1 uzalz sae&W standard lilelbn adm r 1U _ eat pasw m.3 EXHIBIT A LEGAL DESCRIPTION Parcel A: Lot 8 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter comer of said Section 8; thence south 89 008'26" East, along the North line of said Southwest quarter, for 75.00 feet to the Easterly right of way margin of Broadmoor Boulevard (Formerly Road 100); thence South 00 °57'45' West, along said Easterly right of way margin, for 120.26 feet; thence South 89 002'15" East for 245.53 feet to the pint of curvature with a 275.00 foot radius curve concave to the South; thence Southwesterly along the arc of said curve to the right, through a central angle of 21 019'154, for an arc distance of 102.33 feet to the point of tangency; thence South 67 043'00" East for 233.30 feet to the True Point of Beginning; Thence South 67 043'00" East for 5.45 feet to the point of curvature with a 175.00 foot radius curve concave to the Northeast; thence Northeasterly along the arc of said curve to the left, through a central angle of 90 °00'00 ", for an arc distance of 274.89 feet to the point of tangency; thence North 22 917'00" East for 96.67 feet to the point of curvature with a 20.00 foot radius curve concave to the Southeast; thence Northeasterly along the arc of said curve to the right, through a central angle of 84 030'20 ", for an arc distance of 29.50 feet to intersect the Southerly right of way margin of Sanidfur Parkway (Formerly Broadmoor Parkway) on a 651.00 foot radius curve concave to the Northeast (The radius point bears North 16 047'20" East); thence Southeasterly along the arc of said curve to the left, through a central angle of 15 °55'45 ", for an arc distance of 180.99 feet to the point of tangency; thence South 89 008'26" East, along said Southerly right of way margin, for 811.56 feet to a point that bears South 87 °37'04° East a distance of 1,919.67 feet from the said West quarter corner of Section 8; thence leaving said Southerly right of way margin, South 00 051'34" West for 157.33 feet; thence South 89 °08'26" East for 304.16 feet; thence South 00 °11'09" West for 289.98 feet; thence South 89 908'26" East for 138.44 feet; thence South 00 °11'08" West for 545.73 feet to intersect the Northerly right of way margin of SR 182 on a 4,110.00 foot radius, non- tangent curve concave to the Southeast (The radius point bears South 20 041'02" West); thence Northwesterly along the arc of said curve to the left, through a central angle of 09 029'14 ", for an arc distance of 680.55 feet; thence, leaving said curve, North 73 025'12" West, along said Northerly right of way margin for 949.40 feet; thence North 64 038'05" West, along said Northerly right of way margin, for 293.45 feet; thence, 3771/01011120112 cchlpleylold standard Iifet➢roadm= Peen P".3 leaving said Northerly right of way margin, North 22 °17'00° East for 282.79 feet to the True Point of Beginning. APN: 115- 460 -056 Parcel B: Lot 9 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages 10 through 13, Auditor's File No. 530271, records of Franklin County, further described as follows: That portion of the North half of the Southwest quarter of Section 8, Township 9 North, Range 29 East, W.M., Records of Franklin County, Washington, described as follows: Commencing at the West quarter comer of said Section 8, thence South 89 008'26" East, along the North line of the Southwest quarter of said Section 8, for 1,918.99 feet; thence South 00 °51'34" West for 51.01 feet to a point on the Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway) with said point lying South 87 037'04" East a distance of 1,919.67 feet from said West quarter corner and being the True Point of Beginning. Thence South 89 908'26" East, along said Southerly right of way margin of Sandifur Parkway (Formerly Broadmoor Parkway), for 302.31 feet; thence leaving said Southerly right of way margin, South 00 °11'09° West for 157.34 feet; thence North 89 °08'26" West for 304.16 feet; thence North 00 °51'34" East for 157.33 feet to the True Point of Beginning. APN: 115 -450 -045 3771ro10 11/2W12 =hi*y%dd standard JNe%roadnW Pasm psa.3 EXHIBIT B EARNEST MONEY NOTE $60,000.00 Pasco, Washington (ate , 2012 For value received, the undersigned THE CITY OF PASCO ( "Maker"), promises to Pay to promise to pay to First American Title Insurance Company (the "Title Company') at 200 SW Market Street, Suite 250, Portland, Oregon 97201, the principal sum of Sixty Thousand and No /100ths Dollars ($60,000.00), with no interest on the terms and conditions contained in that certain Real Estate Purchase Agreement Subject to Liquidation Court Confirmation dated of even date herewith between Maker, as buyer, and Old Standard Life Insurance Company, In Liquidation, an Idaho corporation, as seller (the "Agreement*). Maker shall pay the sum of Sixty Thousand and No /100ths Dollars ($601000.00) upon Maker's issuance of the Notice to Proceed (as defined in the Agreement). In the event that Maker does not deliver a Notice to Proceed by the last day of the Due Diligence Period (as such terms are defined in the Agreement), then this Earnest Money Note shall be promptly returned to Maker by the Title Company. MAKER: THE By: Nam Title: 37711010 1 tna12 mhigleybid elw decd IHelbroadmoor Pasco psa.3 DISCLOSURE STATEMENT INSTRUCTIONS TO THE SELLER. Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA.- If the answer is "yes" to any " items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your prdtection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A (THE "PROPERTY -), BIT SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE 377V0101IM12 csh&Aold standard Ilfa%rw&noor PaaW Pza.3 APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ X is not occupying the property. I. SELLER'S DISCLOSURES: If you answer "Yes" to a question with an asterisk ('), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. [ ]Yes No [ ] [ ] Don't know 1. TITLE AND LEGAL A. Do you have legal authority to sell the property? If no, please explain. [ ] Yes [ ] No [ ] Don't know `B. Is title to the property subject to any of the following: (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes [ ] No [ J Don't know `C. Are they any encroachments, boundary agreements, or boundary disputes? [ ] Yes [ ] No [ ] Don't know `D. Is there any lease parking? [ ] Yes [ ] No [ ] Don't know `E. is there a private road or easement agreement for access to the property? [ ] Yes [ ] No (] Don't know 'F. Are there any rights -of -way, easements, shared use agreements, or access limitations? [ j Yes [ ] No [ ] Don't know 'G. Are there any written agreements for joint maintenance of an easement or right -of -way? [ ] Yes [ j No [ ] Don't know "H. Are there any zoning violations or nonconforming uses? [ ] Yes [ ] No [ ] Don't know "I. Is there a survey for the property? 37711010 ttam12 ahiWeYVd standard l fe�broadmwr Pasco Pse.3 [ ] Yes [ ] No [ j Don't know "J. Are there any legal actions pending or threatened that affect the property? [ ] Yes [ ] No [ ] Don't know "K. Is the property in compliance with the Americans with Disabilities Act? [ ] 2• WATER Yes [ J No [ ] Don't know Are there any water rights for the Property, such as a water right permit, certificate or claim? 3. SEWERIONSITE SEWAGE [) SYSTEM Yes [ ] No [ ] Don't know "Is the property subject to any sewage system fees or charges in addition to those covered in your regularly - billed sewer or on -site sewage system maintenance service? [ ]Yes [ ] No Don' 4. STRUCTURAL [ ] t know A, Has the roof leaked within the last five years? [ ] Yes [ J No [ ] Don't know "B. Has any occupied subsurface flooded or leaked within the last five years? [ ] Yes [ ] No [ ] Don't know "C. Have there been any conversions, additions, or [ ] Yes [ ] No [ ] Don't know remodeling? T) If yes, were all building [ J Yes [ ] No [ ] Don't know permits obtained? "(2) If yes, were all final inspections obtained? [ ] Yes [ ] No [ ] Don't know "D. Has there been any settling, slippage, or sliding of the property of its improvements? 3771/010 1 lr"12 calupieylold sla lord OfeWroad, o peace paa.3 [ J Yes []No (] Don't know •E. Are there any defects with the [ ] Yes [ ] No following: (If yes, please check [ j Yes [ j No applicable items and explain). [I Yes [ ] Foundations [ ] Slab Floors [ I Yes [ ] Doors [ ] Ceilings [ I Outbuildings [I Sidewalks [) Exterior Walls [ ] Siding [ ] Other [ ] Windows [ ] Interior Walls [ ] Yes [) No [ ] Don't know S. Are there any defects in the FIXTURES following systems? If yes, please [ ]Yes Y [ ] es [ j No [ ] Don't know [ ] No explain. (1) Electrical system [ ] Yes [ I Don't know []No [ ] Don't know (2) Plumbing system (3) Heating and cooling systems [ ] Yes [ j No [ j Don't know (4) Fire and security system [ ] Yes [ j No [x] Don't know [ ] Yes [ ] No [xj Don't know [ j Yes [ j No [x] Don't know [I Yes [ I No [x] Don't know [ I Yes [ ] No [xj Don't know G. ENVIRONMENTAL "A. Has there been any flooding, standing water, or drainage problems on the property that affecl the properly or access to the property? 'B. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? "C. Are there any shorelines, wetlands, floodplains, or critical areas on the property? `D. Are there any substances, materials, or products in or on the Property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead - based paint, fuel or chemical storage tanks, or contaminated soil or water? 'E. Is there any soil or groundwater contamination? 37711010 11=2 mhigley%ald standard weu road,,v Paecc P66.3 [ ] Yes [ J No [x) Don't know 'F. Has the property been used as a legal or illegal dumping site? [ ] Yes [ j No (x) Don't know 'G. Has the property been used as an illegal drug manufacturing site? 7. FULL DISCLOSURE BY SELLERS (]Yes [) No A. Other conditions or defects: [ j Don't know 'Are there any other existing material defects affecting the Property that a prospective buyer should now about? B. Verification: The foregoing answer and attached explanations (if any) are complete and correct to the best of my /our knowledge and I /we have received a copy hereof. I /we authorize all of my /our real estate licensees, if any to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. SELLER: OLD STANDARD LIFE INSURANCE COMPANY, IN LIQUIDATION, an Idaho corporation Name: Title: C-)o.. Date: 37711010 11120/12 ah4eyWd st"ard 1rfe%Mdm= paces pw 3 NOTICE TO BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES, THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this Statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy or this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. 37 711010 11=12 ahgleybld standard pte broadw" Pasco Paa.3 BUYER: CIT' By: Narr Title. Date: I I- 2) - o- The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction. 3771/010 11/20/12 ashl04eyold standard Idetbroadmw, PaSW Psa.3 EXHIBIT B Commencing at the West quarter corner of said Section 8, thence North 89 °50'59" East, along the North line of the Southwest quarter of said Section 8, for 2220.71 feet; thence South 00 °09'01" East for 51.00' to a point on the Southerly right of way margin of Sandifur Parkway with said point lying South 88 050105" East a distance of 2221.30 feet from said West quarter corner and being the True Point of Beginning. Thence South 0 049127" East, for 447.32 feet; thence North 89 050158" East for 138.44 feet; thence South 0 °4927" East for 545.73 feet to intersect the Northerly right of way margin of Highway SR 182 on a 4110.00 foot radius, non - tangent curve concave to the Southwest (the radius point bears South 19 040'24" West); thence Northwesterly along the arc of said curve to the left, through a central angle of 9 129'14 ", for an arc distance of 680.55 feet; thence, leaving said curve, North 74 °2548" West, along said Northerly right of way margin, for 107.13'; thence North 00 °02'28" West, leaving said Northerly right of way for 787.10 feet to a point on the Southerly right of way margin of Sandifur Parkway, thence North 89 050'58" East, along said Southerly right of way margin of Sandifur Parkway, for 607.86 feet to the True Point of Beginning. W3tl3M NNOK BY Y 1nLL1i W 0{ ng W MYIIi OM 0 1grt035 tlEINGJ YiIWT LCM 5LL 1Y SIWNWJp b WM3 H33M1305�000666691G1]Yi .?IIE 6G011% F W n iU.BOW 3r V wx3Ten sax Nlfpb 'mLMS YwOtnp) � F g 3M'M 3LV15 W1JgyYM 16/00 QM ppryy p ByryO LGY � 4' � pp� wp U5 Z ro z z° �3y �1 m< Uj o � wm3 0 ooNa $ I f-�u 0�oZ ' Q a S a0J(~/1 ZUZ >iH •H N _xd:da o1w ¢ ' m V a tit it _4 %__$z___'°M7�} lxvrava anvuwae_a _1L_i'�-� 8 7�gg " ______________ I/p / / gill IS )�, __J I 65 1 M V roil a aa6 q yFR s3 IS nu. Q a/ Wn U as ig LU Idi � • p ■ iii I � o. � i � �'� � � t yy'1 1 i i * 33 n F k 8 �_ '�� }fin p -_9H Mill as it SiM nNTGMMI .Tla MArI AGENDA REPORT NO. 41 FOR: City Council November 22, 2013 TO: Gary Crutchfi Manager FROM: Ahmad Qayo , Public Works Director Regular Mtg.: 12/2/13 SUBJECT: Award 2013 Sewer Re- Lining — Rd 44 Manholes Project I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 12/02: MOTION: I move to award the low bid for the 2013 Sewer Re- Lining — Rd 44 Manholes Project, to Realm, Inc. in the amount of $122,066.40 including sales tax and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) This project involves the lining of 21 manholes along Road 44 (I -182 to Court Street). This is a continuation of an annual program to line the older sewer system with PVC using a trenchless process. V. DISCUSSION: A) On November 15, 2013 staff received one (1) bid for the 2013 Sewer Re- Lining - Road 44 Manholes Project, Project No. C7- SE- 2R- 13 -03. The low bid was received from Realm, Inc. in the amount of $122,066.40 including sales tax. The Engineer's Estimate for the project is $191,136.00 including sales tax. The bid from Realm, Inc. is substantially lower than the Engineer's Estimate. It is believed that this is due to a good bidding climate and the specialized type of work this is. B) Staff recommends award of the contract to Realm, Inc. 10(b) City of Pasco 2013 Sewer Re- Lining — Road 44 Manholes Project Project No. C7- SE- 2R -13 -03 November 15, 2013 BID SUMMARY Engineer's Estimate Realm, Inc. Total $1911136.00 $122,066.40