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.
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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 — - -- - - - - —
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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
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SIDEWALK EASEMENT - _ — -� --
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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.
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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:
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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
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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
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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)
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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
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-25
4 30
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7 30
+
8 30
9
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171i 31A
12 31B � - --
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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 •
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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 _
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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
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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
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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 _
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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
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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
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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
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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
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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
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[ ] 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
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[ 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
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[ ] 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
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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
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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.
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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