HomeMy WebLinkAboutMiller Family Trust Sewer Extension Capitol Avenue Lift StationFILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
Tax Parcel No.
Legal Description:
SEWER SYSTEM EXTENSION AGREEMENT
THIS SEWER SYSTEM EXTENSION AGREEMENT entered into this
day of Tune 201k—, by and between Paul H. Miller and Leah A. Miller,
Trustees under the Miller Living Trust, hereinafter referred to as "Developer", and the
City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City."
WHEREAS, the Developer owns or controls approximately 128 acres of
property in the King City area of the City of Pasco and is in the process of developing
such property as the "Genesis Business Park"; and
WHEREAS, the certain real property referred to above is situated within the
Pasco Urban Growth Area as designated by Franklin County; and
WHEREAS, the Developer cannot fully develop the "Genesis Business Park"
until a sewer lift station is constructed to accommodate future sewer flows; and
WHEREAS, the Developer has agreed to terms with a purchaser to construct
approximately 40,000 square foot vegetable/fruit packing facility on approximately 10
acres within the "Genesis Business Park" which will require the construction of the
sewer lift station to dispose of the wastewater associated with this facility, and
WHEREAS, the Developer desires to install the sewer lift station and make it
operational by April 30, 2017; and
WHEREAS, the Developer owns the property which has been selected as the
ideal location to site the sewer lift station; and
Miller Trust -Capital Ave Sewer Lift Station.
Sewer Extension Agreement - 1
15 17
WHEREAS, the City possesses the capacity to provide sewer utility services to
citizens and real properties within its municipal and urban growth boundaries; and
WHEREAS, the City's long-range comprehensive sewer plan provides for the
systematic extension of sewer utilities throughout the City's urban growth area; and
WHEREAS, the Developer and the City desire, by this Sewer System Extension
to jointly participate in the cost of the sewer lift station that provides benefits to all
parties; and
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein, the parties agree as follows:
1. Developer Obligations. Developer shall:
A. Provide the complete design of the proposed sewer lift station, as
described in Exhibit A, by a Professional Engineer registered to practice
Engineering in the State of Washington. The sewer lift station design shall be in
accordance with the latest City of Pasco requirements and standards, including
any adopted or referenced state and federal requirements and standards. The
engineering design, construction plans and specifications shall be submitted to
the City for review and/or approval at the 60% and final stages of design.
B. From the design, as approved by the City, construct the system
extension in accordance with applicable City, State, and Federal standards and
specification requirements.
C. Be responsible for up to THREE HUNDRED THREE
THOUSAND NINE HUNDRED SIXTY DOLLARS ($303,960.00) of the cost
of the project, including but not limited to expenses relating to engineering,
design, administration, legal, materials, labor, permits, reviews and/or approvals
from all applicable jurisdictions, and any other project -related costs.
D. Convey by way of Statutory Warranty Deed an area, being sixty
(60) feet by sixty (60) feet, adjacent to Capital Avenue to City at completion of
the project, which area is to be surveyed around the project as built.
E. Execute all deeds, including the deed referred to in paragraph D.
above, documents, permits, agreements and checklists necessary for the
permitting and conveyance of property and construction of the sewer lift station
described above and the performance of this Agreement.
Miller Trust -Capital Ave Sewer Lift Station.
Sewer Extension Agreement - 2
F. Meet all requirements under PMC 14.12 in order to enter into a
developer's reimbursement agreement, including submitting the required
application to the City prior to the execution of this Agreement.
G. Dedicate the sewer lift station to the City upon completion.
2. City Obligations. City shall:
A. Process in its usual course, Developer's applications for plan
review and permits associated with the sewer lift station project described in this
Agreement and in Exhibit A, in a timely manner.
B. Provide criteria to be met in order for Developer to construct
project in compliance with City of Pasco's standards and specifications for
sewer projects.
C. Provide timely reviews of the engineering design, construction
plans, and specifications at the 60% and Final submittals.
D. Provide inspection services during the course of construction
consistent with the level of effort utilized on other capital and development
projects within the City, or as may be required to ensure the required quality of
the completed work.
E. Be responsible for all costs of the project, over Developer's cost
of THREE HUNDRED THREE THOUSAND NINE HUNDRED SIXTY
DOLLARS ($303,960.00), and Developer's contribution of the land at an agreed
value of FIFTEEN THOUSAND DOLLARS ($15,000.00), including but not
limited to expenses relating to engineering, design, administration, legal,
materials, labor, permits, reviews and/or approvals from all applicable
jurisdictions, and any other project -related costs.
F. Upon satisfactory completion of the improvements described
above, accept the dedication of the sewer lift station as described in Exhibit A,
and by City Council resolution accept ownership thereof, and maintenance and
operation of the improvements thereafter.
G. Enter into a developer's reimbursement agreement with
Developer, to provide for future reimbursement of incurred costs from
owners/developers of property who desire to connect or utilize the utility, but
did not contribute to the costs of the sewer lift station. City shall only be
Miller Trust -Capital Ave Sewer Lift Station.
Sewer Extension Agreement - 3
obligated to enter a developer's reimbursement agreement if the Developer has
satisfied all requirements under PMC 14.12.
3. Proposed Proiect Costs. Total project costs are to include, but not be
limited to, engineering fees, project management fees, survey fees, land, labor, and
materials associated with construction. Prevailing wage shall be paid on the project. A
preliminary estimate of total project costs is as follows:
Engineering $127,037
Land $ donate by developer
Survey (Included in Engineering)
Project Mgt $ 45,000
Construction $590,373
$762,410
Developer will bid and build the project and will pay Developer's agreed sum of
THREE HUNDRED THREE THOUSAND NINE HUNDRED SIXTY DOLLARS
($303,960.00), together with donating land to the project. Developer shall pay
Developer's THREE HUNDRED THREE THOUSAND NINE HUNDRED SIXTY
DOLLARS ($303,960.00) prior to any payments being due from the City. After
Developer has made its full payment of THREE HUNDRED THREE THOUSAND
NINE HUNDRED SIXTY DOLLARS ($303,960.00) Developer shall continue to pay
bills as and when due for the building of the project and will bill the City on a monthly
basis for payments made by Developer during the continued construction of the project.
The City agrees to pay monthly invoices within thirty (30) days of the date of receipt of
the invoice from Developer. Any amounts as invoiced that are not paid within thirty
(30) days of the date of the receipt by the City of the invoice shall accrue interest at a
rate of twelve percent (12%) per annum, beginning the 3I't day until the amount due on
the invoice together with the accrued interest is paid.
4. Term. This Agreement shall be effective commencing on the 140, day
of June 2016, and all improvements, conveyances, and obligations of the parties
with regard to the construction of the sewer lift station, shall be completed on or before
the 300 day of April 2017. The Agreement shall continue in full force and
effect with regard to the Developer's reimbursement agreement contained herein.
5. Authority to Approve Agreement. The parties represent and warrant
that all steps necessary for the approval of this Agreement have been completed by:
A. The Miller Living Trust by Paul H. Miller and by Leah A. Miller
B. City of Pasco
Miller Trust -Capital Ave Sewer Lift Station.
Sewer Extension Agreement - 4
The officers signing below are authorized to do so and that the execution of this
Sewer System Extension Agreement is valid and binding for all purposes.
6. Developer Reimbursement Payments. The City shall agree to defer its
portion of all reimbursement payments paid by future property owners/developers for
the first 10 years following completion of the construction, so that Developer may have
the opportunity to recover its costs in the project first. After the first 10 years,
Developer and City shall receive a pro rata share of the reimbursement payments in
proportion to the remaining unpaid balanced owed to reimburse each party. Once the
Developer has recovered its share of reimbursable contributions to the project, the City
shall retain 100% of all subsequent reimbursement payments.
7. General Provisions.
A. This Sewer System Extension Agreement constitutes the entire
agreement between the parties, and no prior oral or written agreement shall be
valid, and any modifications of this Agreement must be in writing signed by all
parties.
B. This Sewer System Extension Agreement shall be binding on the
parties, and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
8. Dispute Resolution. In the event of a dispute between the parties
regarding the interpretation, breach, or enforcement of this Agreement, the parties shall
first meet in a good faith effort to resolve the dispute by themselves or with the
assistance of a mediator. The remaining dispute shall be resolved by arbitration
pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties
waiving the right of a jury trial upon de novo review, with the substantially prevailing
party being awarded its reasonable attorney fees and costs against each other.
9. Mutual Cooperation And Further Agreements. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the sewer system extension which is the object of this
Agreement and the transfer of property, and to further sign all documents, deeds, and
permits that are reasonably necessary to accomplish the purposes of this Agreement.
Miller Trust -Capital Ave Sewer Lift Station.
Sewer Extension Agreement - 5
DATED this / :T�day of June, 2016.
City of Pasco, Washington:
Title: 64
Developer: I ler Living Trust
Paul Miller, Co -Trustee
By. &a'fz q-.
Leah Miller, Co -Trustee
585 Dogwood Road
Pasco, WA 99301
STATE OF WASHINGTON)
ss
COUNTY OF FRANKLIN
On this day personally appeared before me 4 V I
of the City of Pasco, Washington, described in and who executed the
within and foregoing instrument, and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this LL day o 2016.
of ✓L
Notary Public NotaryPublic ' d for he State of Washington
State of Washington g
SANDY L KENWORTHY Residing at r7C
MY COMMISSION EXPIRES My Commission Expires: %
August 7, 2019
Miller Trust -Capital Ave Sewer Lift Station,
Sewer Extension Agreement - 6
STATE OF WASHINGTON)
ss
COUNTY OF FRANKLIN
On this day personally appeared before me Paul and Leah Miller, to be known to
be the co -trustees of the Miller Living Trust, who executed the within and foregoing
instrument, and acknowledged that he signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
9110
GIVEN under my hand and official seal this /5-'4—L day of J'�c ,
N TARY PUBLIC in and for the State of Washington
Residing at: /�^�• c� . "C�
My Commission Expires: Nu. zl, z�r�
ssion .
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cU �pTARy a:.
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Sewer Extension Agreement - 7
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Exhibit A
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