HomeMy WebLinkAboutBig Sky Water System Extension Agreement Amend No 1AMENDMENT No. 1
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WATER SYSTEM EXTENSION AGREEMENT
THIS AMENDMENT No. 1 amends and modifies the WATER SYSTEM EXTENSION
AGREEMENT entered into on October 30, 2013, by and between Big Sky Developers, LLC, a
Washington Limited Liability Company (hereinafter referred to as Big Sky), Ted Tschirky, an Individual
(hereinafter referred to as Tschirky), and the City of Pasco, Washington, a Washington Municipal
Corporation (hereinafter referred to as "City"), for the purpose of extending water system improvements
for the benefit of the properties to be developed by Big Sky and Tschirky.
WHEREAS, certain construction activities have caused the need to extend the term of the original
Agreement; and
WHEREAS, the cost of certain facilities of the Project have exceeded the estimated costs contained in
the original agreement and all parties recognize the need to construct those facilities in order to have a
complete and operational system; and
WHEREAS, all parties recognize the importance of the water system extension and desire to amend the
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in the original Agreement, as
modified by this Amendment No. 1, do agree as follows:
1. BIG SKY OBLIGATIONS. Big Sky shall:
A. Upsize the waterline along its Kohler Road frontage, approximately 1,320 LF, from an 8 -In.
Ductile Iron pipe to a 12 -In. Ductile Iron pipe to permit possible future extension to include
potential service connections to the north, and shall be responsible for the equivalent cost of
an 8 -hi. Ductile Iron pipe.
B. Install the pre-packaged Pressure Reducing Valve Assembly and Vault (PRV) as specified by
the City, and shall be responsible for one-quarter of the cost of the furnishing and installation
of the PRV; such cost estimated at $12,000.
2. CITY OBLIGATIONS. The City shall:
A. Be responsible for the costs associated with the upsizing of the waterline and appurtenances
along the Kohler Road frontage of Big Sky's development, approximately 1,320 LF,
consistent with the unit prices and calculation methods contained in the original Agreement,
such cost estimated at $14,145.
B. Be responsible for three-quarters of the cost of the Pressure Reducing Valve Assembly and
Vault in recognition that the PRV is a system component that will serve a larger area than the
Big Sky development, such cost estimated at $36,000.
Amendment No. 1 to Water System Extension Agreement
City of Pasco, Big Sky Developers, LLC and Ted Tschirky
September 3, 2014
C. Shall be responsible for a share of the additional costs as defined in this Amendment No. 1,
not to exceed $50,145. The total City share of all costs for the water system extension shall
not exceed $339,933.
3. TERM. This Amendment No. 1 shall extend the original Agreement until November 1, 2014, or
until the completion and acceptance of the water system extension improvements, whichever is
sooner.
4. GENERAL PROVISIONS. All other conditions, terms and covenants of the Water System
Extension Agreement, except as expressly modified by this Amendment No. 1, shall remain in
full force.
DATED this � _ 1&day of '2014
CITY of PASCO
15�—abell
City Manager
BIG SKY( DEVELOPERS, LLC TED TSCHRUCY
Managing
Amendment No. 1 to Water System Extension Agreement
City of Pasco, Big Sky Developers, LLC and Ted Tschirky
September 3, 2014
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Ted Tschirky
Property Owner