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HomeMy WebLinkAboutBig Creek Land Co - Roadway, Sewer, Water, Irrigation Systems Extns AgmtAFN # 1861574 AGREE 05/04/2017 02:59 PM 12 Pagetsl $8000 Matt Beaton, Auditor Franklin Co.. WA FILED 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: ROADWAY, SEWER, WATER AND IRRIGATION SYSTEMS EXTENSIONS AGREEMENT THIS ROADWAY, SEWER, WATER AND IRRIGATION SYSTEMS EXTENSIONS AGREEMENT entered into this 3`--' day of May, 2017, by and between Big Creek Land Company, LLC, 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 41 acres of property in the south half of the southwest quarter Section 5, township 9 North, Range 29, East W.M. of the City of Pasco and is in the process of developing such property; and WHEREAS, the certain real property referred to above is situated within the City limits as designated by Franklin County; and WHEREAS, the Developer, as a prerequisite to further development, is required to construct the northern portion of Burns Road including - frontage improvements consisting of curb and gutter, sidewalk and road surfacing to City Standards and including the installation of a 24" water main as well as a 16" irrigation main within Bums Road and extended to the southeast limits of the property frontage to a point within the road right-of-way of Burns Road; and WHEREAS, the City possesses the capacity to provide water and sewer services to citizens and real properties within its municipal boundaries and its urban growth boundaries; and Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 1 0037 WHEREAS, the Developer desires to defer the construction of the northern portion of the Burns Road including - frontage improvements consisting of curb and gutter, sidewalk and road surfacing and including the installation of a 24" water main as well as a 16" irrigation main within Burns Road and extended to the southeast limits of the property frontage to a point within the road right-of-way of Burns Road, so that it is installed and operational contemporaneous with the surrounding development; and WHEREAS, the City's long-range comprehensive plan for water and sewer provides for the systematic improvement including the extension of sewer and water services throughout the City's urban growth area; and WHEREAS, the Developer and the City desire, by this Roadway, Sewer, Water and Irrigation Systems Extensions, to participate in the cost of the water line extension, providing for an increase in the size of the water and sewer main installed, along the frontage of this parcel a distance not to exceed 1400 LF for either utility, within the right-of-way of Burns Road, to accommodate future development and expansion in the area 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 Burns Road Frontage improvements including curb and gutter, sidewalk, road surfacing, sewer main, irrigation main and water main extensions, for Columbia Terrace as approved by Resolution No. 7321 by the City Council of the City of Pasco (a copy of which is attached hereto and incorporated hereinby this reference as Exhibit A). Such work shall be performed by a Professional Engineer registered to practice Engineering in the State of Washington. All work shall be in accordance with the latest City of Pasco requirements and standards, including any adopted or referenced State and Federal requirements and standards, and the Burns Road improvements shall be constructed with the specifications not less than that "Burns Road" section attached hereto as Exhibit B and incorporated hereinby this reference. The engineering design, construction plans and specifications shall be submitted to the City for prior review and approval. B. From the design approved by the City, construct the systems extensions as provided in subsection A above in accordance with the applicable City, State, and Federal standards and specification requirements. As permitted by PMC 26.24.110, the Developer has designated development divisions (phases) and provide the order of development which allows for the provision of Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 2 utilities and streets with proper alignment with the existing and future utilities and streets as designated on the preliminary plat. C. As required by the preliminary plat for Columbia Terrace, the developer will be required to install the systems extensions and the roadway improvements on Burns/Powerline Road with the development of Phases 4 through 6 as identified in the preliminary plat, subject to the provisions of subsection F below. D. Frontage and utility improvements adjacent to the lots and Phases 4 through 6 shall be deferred as provided in subsection G below. Roadway improvements shall include installation of the northern portion of roadway and all frontage improvements per City of Pasco Standards. Utility improvements shall include the installation of a 24" water main, a 16" irrigation main and the extension of the 16" Sewer main to the south east property limit within the proposed Burns Road right-of-way. E. Be responsible for all costs 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, except for: The difference in materials costs for the upsizing of the water main from 8 inches to 24 inches as stated in Section 2E below. The difference in materials costs for the upsizing of the irrigation main from 8 inches to 16 inches as stated in Section 2F below. The difference in materials costs for the upsizing of the sewer main from 8 inches to 16 inches for a distance of 1400 LF (which is the length of the property frontage on Burn Road), as stated in Section 2G below. F. The systems extensions and roadway improvements (except those roadway improvements at Road 100 and Burns/Powerline Road) may be deferred until the development of Phases 4 through 6 as provided in the preliminary plat; however, in the event of development of property east along Burns/Powerline Road of Columbia Terrace subdivision and as determined by the City of Pasco that such systems extensions and roadway improvements are necessary for the development of such property, the City, upon reasonable notice, may require the Developer to install, at developer's sole cost, such systems extensions and roadway improvements. However, in any event, all such Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 3 systems extension and roadway improvements shall be completed within five (5) years from the date of this Agreement. Developer shall pay all of the costs of such systems extensions, and roadway improvements. G. Be required to pay a proportionate share, 100% of the frontage, of any and all utility work associated to accomplish the work as outlined herein, in the event that any properties along Burns Road east of the property subject to this agreement are developed prior to the development of the remainder parcel. H. Convey the sewer main, water main and irrigation main extensions and all appurtenances thereto, to City at completion of the project, upon inspection and approval by the City. I. Execute all necessary documents, permits, agreements and checklists necessary for the permitting and conveyance of construction of the roadway, sewer line, water line and irrigation line extensions described above and the performance of this Agreement. J. Meet all requirements under PMC 14.12 in order to enter into a developer's reimbursement agreement, if one is to be sought, including submitting the required application to the City prior to the execution of this Agreement. K. Dedicate the Roadway, Sewer, Water and Irrigation Systems Extensions to the City upon developer's improvements completion, City inspection, and City acceptance. 2. City Obligations. City shall: A. Process in its usual course, Developer's applications for plan review and permits associated with the Roadway, Sewer, Water and Irrigation Systems Extensions described in this Agreement and in Exhibit A, in a timely manner. B. Provide criteria to be met in order for Developer to construct frontage improvements in compliance with City of Pasco's standards and specifications for water main extension projects. C. Provide timely reviews of the engineering design, construction plans, and specifications. Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 4 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 material costs associated with the upsizing of the water main from 8 inches to 24 inches installed along Burns Road (I.E. 1,400 Linear Feet). Cost will be evaluated and agreed upon at the time of permitting and construction. F. Be responsible for all material costs associated with the upsizing of the irrigation main from 8 inches to 16 inches installed along Burns Road (I.E. 1,400 Linear Feet). Cost will be evaluated and agreed upon at the time of permitting and construction. G. Be responsible for all material costs associated with the upsizing of the sewer main from 8 inches to 16 inches in the equivalent length that would have corresponded to the main installation along Burns Road (I.E. 1,400 Linear Feet). Cost will be evaluated and agreed upon at the time of permitting and construction. Upon satisfactory completion and inspection of the improvements described above, accept the dedication of the roadway, water, irrigation and sewer main extensions accept ownership upon recording of the final plat of Columbia Terrace subdivision. H. 3. Term. This Agreement shall be effective commencing on the 3�A day of M 2017, and all improvements, conveyances, and obligations of the parties Qith regard to the present agreement, shall be reasonably prosecuted by the prompt completion of the improvements provided herein, and shall terminate upon the completion and acceptance by the City of the systems extensions and roadway improvements as provided herein, but in no event later than five (5) years from the date of this Agreement. 4. Authority to Approve Agreement. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Thomas Mort, Big Creek Land Company I, LLC B. City of Pasco Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 5 The officers signing below are authorized to do so and the execution of this Roadway, Sewer, Water and Irrigation Systems Extensions Agreement is valid and binding for all purposes. 5. General Provisions. A. This Roadway, Sewer, Water and Irrigation Systems Extensions 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 Roadway, Sewer, Water and Irrigation Systems Extensions 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. 6. 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, with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing parry being awarded its reasonable attorney fees and costs against each other. 7. 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 Roadway, Sewer, Water and Irrigation Systems Extensions which are 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. DATED this —Y— day of, 2017. City of Pasc;Z4 ashington: By: �rltc/ Title: Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 6 STATE OF WASHINGTON) ss COUNTY OF FRANKLIN ) On this day personally appeared before me Imo! c -r- (kAiw1 W of the City of Pasco, Washington, described in and who exec ed 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 �nXofficial My at o ZPAY MY Z _ DS9 ofM&4� , 2017. and forks State of Washington Expires: Big Creek Land Company—Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 7 Developer: _ By:"'� X717 City/State/Zip Code STATE OF WASHINGTON) ss COUNTY OF FRANKLIN ) On this day personally appeared before me THOMAS M$ be the Managing Member of Big Creek Land Company, LLC a liability company, that executed the foregoing instrument and instrument to be the free and voluntary act of and deed of='' company, for the uses and purposes therein mentioned, and on c authorized to execute the said instrument and that the seal affixed of said corporation. 2017. 7,4�o me known to Vas�tii'i�tot} limited v�dlg the said il?tlmrt liability 1h that tie is ;¢ !rate seal GIVEN under my hand and official seal this � day of `Tlfltp��hp nn� 9iy� l O N'A wa / 1A 04Maa��.�� RC1 OF WP, NOTARY PUBLI in ay&fo• the State of Washington Residing at: 60, ZLLL�Cja, My Commission Expires: 4j - / Big Creek Land Company —Roadway, Sewer, Water and Irrigation Systems Extensions Agreement - 8 EXHIBIT A RESOLUTION NO. 377—% A RESOLUTION APPROVING A PRELIMINARY PLAT FOR COLUMBIA TERRACE. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the south half of the southwest quarter Section 5, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Columbia Terrace plat and developed findings related thereto and said findings are hereby adopted by the City Council; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Columbia Terrace located in the south half of the southwest quarter Section 5, Township 9 North, Range 29, East W.M., is hereby approved with the following conditions: No utility vaults, pedestals, or other obstructions will be allowed at street intersections. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The developer shall install a common "Estate Type" fence six -feet in height along the west and south line of the plat as a part of the infrastructure improvements associated with the plat. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to a reasonable vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 4. A common solid fence must be installed along the eastern boundary of the proposed plat adjacent to the school site. Excess right-of-way along Bums Road and Broadmoor Boulevard must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source by the City of Pasco with the connection and meter fees paid for by the developer. 6. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 7. Lots abutting Bums Road and Broadmoor Boulevard shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 8. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 9. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat". Passed by the City Council of the City of Pasco this I" day of August, 2016. Matt Watkins, Mayor 2 APPROVED AS TO FORM: Leland B. Kerr, City Attorney ,yJy,Y-..�i .i -f'--! i! i ~ it d!I' � !! a �� d i " v ,� � e- �. 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