HomeMy WebLinkAbout2018.05.07 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
May 7, 2018
Page
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 Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 9 (a) Approval of Minutes
To approve the minutes of the Pasco City Council dated April 16, 2018.
10 - 11 (b) Bills and Communications
To approve claims in the total amount of $4,296,532.57 ($1,971,111.85 in
Check Nos. 221913-222296; $729,703.13 in Electronic Transfer Nos.
820320-820321, 820325, 820329-820334, 820337-820385, 820403-820445,
820449-820464, 820470-820522, 820525-820584, 820595, 820622-820623,
820695; $69,288.29 in Check Nos. 51557-51623; $1,526,429.30 in
Electronic Transfer Nos. 30119293-30120310).
12 (c) Code Enforcement Board Appointments
To confirm the Mayor's reappointment of Dwayne Speer to Position No 3,
James Rawlinson to Position No. 4 and Mary Gutierrez to Position No. 5
(term expiration date 1/1/22) to the Code Enforcement Board.
13 - 19 (d) * Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF#
DEED 2018-003)
To accept the deed from Mark Gerken and Lisa Gerken for a portion of the
Sunset Trail right-of-way.
20 - 25 (e) * Final Plat: Madison Park Planned Density Development Ph. 4 (MF#
FP 2018-004)
Page 1 of 123
Regular Meeting May 7, 2018
To approve the Final Plat for Madison Park Planned Density Development
Phase 4.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
26 (a) Presentation of Proclamation for "Public Service Recognition Week"
Council to present Proclamation to Matt McGetrick, Tri-Cities Public
Service Recognition Event Committee Chair
27 (b) Presentation of Proclamation for "National Police Week" and "Peace
Officer's Memorial Day"
Council to present Proclamation to Bob Metzger, Chief of Police
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
28 - 30 (b) General Fund Operating Statement
(c) Local Improvement District Presentation
Presented by P. Stephen DiJulio, Foster Pepper
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
31 - 37 (a) * Chapel Hill Boulevard LID Formation, No. 16030
CONDUCT PUBLIC HEARING
MOTION: I move to continue the Chapel Hill Boulevard LID Formation
public hearing to a date to be announced in the future, with at least 2 weeks'
Page 2 of 123
Regular Meeting May 7, 2018
notice to property owners by the Clerk by phone or email, and to reopen the
hearing at that rescheduled time.
38 - 44 (b) * Street Vacation: A portion of Duluth St & Nevada Ave. (MF# VAC
2018-001)
CONDUCT PUBLIC HEARING
MOTION: I move to approve Ordinance No. 4382, vacating a portion of
portion of Duluth Street and Nevada Avenue, and further, authorize
publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
45 - 54 (a) Code Amendment: Amending PMC 26.28 to Allow Administrative
Approval of Final Plats (MF# CA 2017-007)
MOTION: I move to adopt Ordinance No. 4383, amending PMC Title
26.28 allowing administrative approval of Final Plats, and further, authorize
publication by summary only.
55 - 75 (b) * Rezone: Norman Family Cookies R-2 to R-3 (MF# Z 2018-001)
MOTION: I move to adopt Ordinance No. 4384, an ordinance of the City
of Pasco, Washington rezoning parcel #113900039 and #113900057, from
R-2 (Medium Density Residential) to R-3 (Medium Density Residential),
and further, authorize publication by summary only.
76 - 86 (c) * Annexation: Greeno Annexation (MF# ANX 2018-001)
MOTION: I move to approve Resolution No. 3836, accepting a Notice of
Intent to commence annexation proceedings for the Greeno Annexation Area
and providing a determination on the boundary to be annexed and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
87 - 91 (a) Professional Services Agreement with KPG, Inc. for the 16014 Peanuts
Park Renovation Project
MOTION: I move to approve the Professional Services Agreement for the
design services of the Peanuts Park Renovation Project, and further,
authorize the City Manager to execute the agreement.
Page 3 of 123
Regular Meeting May 7, 2018
92 - 123 (b) * Agreement to Sell City Property - Argent and 20th
MOTION: I move to approve Amendment No. 2 to the Purchase and Sale
Agreement for property in the vicinity of Argent Road and 20th Avenue and,
further, to authorize the City Manager to execute the amendment.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
1. 7:00 a.m., Thursday, May 10, Cousin's Restaurant, Pasco - BFCG Tri-Mats Policy
Advisory Committee Meeting. (COUNCILMEMBER RUBEN ALVARADO, Rep.;
PETE SERRANO, Alt.)
2. 7:00 p.m., Thursday, May 10, Transit Facility - Ben-Franklin Transit Board Meeting.
(MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO,
Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 4 of 123
AGENDA REPORT
FOR: City Council April 18, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/7/18
FROM: Daniela Erickson, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 04.16.2018
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council dated April 16, 2018.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 123
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 16, 2018
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Pete Serrano, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Leland Kerr, City Attorney; Steve
Worley, Public Works Director; Rick White, Community & Economic
Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim
Administrative & Community Services Director; Bob Metzger, Police Chief;
Dave Hare, Asst. Fire Chief; Michael Morales, Deputy Community &
Economic Development Director; and Colleen Chapin, HR Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the minutes of the Pasco City Council dated April 2, 2018.
Bills and Communications
To approve claims in the total amount of $2,056,878.67 ($1,181,556.13 in
Check Nos. 221619-221912; $68,942.90 in Electronic Transfer Nos. 820401-
820402, 820447; $36,356.27 in Check Nos. 51519-51556; $770,023.37 in
Electronic Transfer Nos. 30118790-30119292).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$219,764.75 and, of that amount, authorize $150,260.50 to be turned over for
collection.
Housing Authority Commission Appointment
To appoint Brian Griffith to Position No. 2 (expiration date 1/28/23) to the City
of Pasco and Franklin County Housing Authority Commission.
Planning Commission Appointments
To confirm the Mayor's reappointment of Paul Mendez to Position No. 3 and
Alecia Greenaway to Position No. 4 (term expiration date 2/2/24), and the
appointment of Isaac Myhrum to Position No. 6 (term expiration date 2/2/19),
on the Planning Commission.
Annexation: Greeno Annexation (MF# ANX 2018-001)
To set 7:00 pm, May 7, 2018, as the time and date for a public meeting to
consider the Greeno Notice of Intent to annex 39.88 acres near the northwest
corner of Road 68 and Burns Road.
Page 6 of 123
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 16, 2018
Final Plat: Riverhawk Estates Phase 1 (MF# FP2018-002)
To approve the Final Plat for Riverhawk Estates Phase 1.
Street Vacation: A portion of E. Duluth St. (MF# VAC 2018-001)
To approve Resolution No. 3830, setting 7:00 P.M., Monday, May 7, 2018, as
the time and date to conduct a public hearing to consider vacating a portion of
Duluth Street and Nevada Avenue.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for "Cinco de Mayo ~ Latino Cultural
Awareness Week"
Mayor Watkins presented a Proclamation to Ramiro Alvarez, Cinco de Mayo
Committee Chair; Jacob Gonzalez, DPDA Board Chair; and Luke Hallowell,
DPDA Executive Director proclaiming April 30 - May 5, 2018, "Cinco de
Mayo ~ Latino Cultural Awareness Week."
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Jeffrey Robinson resides in Councilmember Milne's district, had a gift for
the Council of a binder containing documents to hopefully assist with the
recently created Inclusivity Commission.
Mr. Martin Valadez with Tri-Cities Community Health spoke about the
upcoming Health and Wellness Fair on May 6th. Also, discussed the City of
Pasco being part of the "All of Us" Research Program, one of seven U.S. cities
participating.
Mr. Steve Bauman complimented staff including Chief Metzger about the
recent Safety in Schools presentation. He also mentioned the passing of "Uncle
Jesse Rogers". Also, Mr. Bauman requested Council consider approving the
workshop item set for next Monday to allow for administrative approval of
final plats. This would speed up process as long as conditions are met.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Maloney attended the Tri-Cities Hispanic Chamber of Commerce Gala.
Councilmember Barajas was recognized at the gala. Also, attended the Tri-
Cities Regional Public Facilities District Board Meeting, at the meeting,
MyTri2030 gave a presentation and there was a lot of community input.
Mr. Alvarado attended the Tri-Cities Hispanic Chamber of Commerce Gala.
He also attended the BF Cog Meeting whereby federal classification requests
were given to a few City of Pasco streets.
Mayor Watkins attended the Ben-Franklin Transit Board Meeting. The recent
service expansion was well received. There are plans to expand two additional
demo routes in Pasco for one year. In addition, they recently hired a marketing
director.
Page 7 of 123
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 16, 2018
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
RCO Grant Applications - Authorizing Resolutions
Mr. Dan Dotta explained the details of the five RCO Grant Applications.
MOTION: Mr. Maloney moved to approve Resolution No. 3831, authorizing
the City Manager, or his designee, to act as the authorized representative on
behalf of the City of Pasco and to legally bind the City of Pasco with respect to
the Community Park Road 48 & Court Street Project for which we seek grant
funding assistance managed through the Recreation and Conservation Office.
Mr. Alvarado seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved to approve Resolution No. 3832, authorizing
the City Manager, or his designee, to act as the authorized representative on
behalf of the City of Pasco and to legally bind the City of Pasco with respect to
the 'A' Street Soccer Complex Phase 1 Project for which we seek grant funding
assistance managed through the Recreation and Conservation Office. Mr.
Serrano seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved to approve Resolution No. 3833, authorizing
the City Manager, or his designee, to act as the authorized representative on
behalf of the City of Pasco and to legally bind the City of Pasco with respect to
the 'A' Street Soccer Complex Phase 2 for which we seek grant funding
assistance managed through the Recreation and Conservation Office. Mr.
Martinez seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved to approve Resolution No. 3834, authorizing
the City Manager, or his designee, to act as the authorized representative on
behalf of the City of Pasco and to legally bind the City of Pasco with respect to
the Sacajawea Heritage Trail Underpass Project for which we seek grant
funding assistance managed through the Recreation and Conservation Office.
Ms. Barajas seconded. Motion carried unanimously.
MOTION: Mr. Maloney moved to approve Resolution No. 3835, authorizing
the City Manager, or his designee, to act as the authorized representative on
behalf of the City of Pasco and to legally bind the City of Pasco with respect to
the Sacajawea Heritage Trail Levee Lowering Project for which we seek grant
funding assistance managed through the Recreation and Conservation Office.
Mr. Milne seconded. Motion carried unanimously.
NEW BUSINESS:
Professional Services Agreement with PACE Engineers, Inc. for the 17003
Columbia East Lift Station and Force Main Project
MOTION: Mr. Maloney moved to approve the Professional Services
Agreement for the design services of the 17003 Columbia East Lift Station and
Force Main Project, and further, authorize the City Manager to execute the
agreement. Mr. Martinez seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell reported on the following:
• Arbor Day Celebration held last Friday, April 13th. There will also be
another Arbor Day event scheduled with the Boys and Girls Club this
week.
Page 8 of 123
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 16, 2018
• 58 Baseball Teams and 88 signed up for Ultimate Frisbee.
• Commercial projects have doubled since last year, Industrial Projects
are up and we've received ninety single family home permits.
• City of Pasco Volunteer Dinner will be held tomorrow evening at
Chiawana High School.
• Meeting with State Auditor Pat McCarthy this week.
• Fire Fighter Recruit School Graduation Ceremony will be this Friday,
April 20th.
• The Inclusivity Commission site on Facebook has received around
13,700 hits. We have advertised for positions in English and Spanish.
Applications are due by May 4th; so far we have received 18.
Mr. Serrano asked if anyone had reached out to the Russian community and Mr.
Zabell said he would check and get back to him.
Mr. Maloney gave kudos to staff on how much work has been done on behalf
of our parks. It is important and that stood out today during the presentation.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:55 p.m.
PASSED and APPROVED this 7th day of May, 2018.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
Page 9 of 123
AGENDA REPORT
FOR: City Council May 3, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/7/18
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 05.07.18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,296,532.57 ($1,971,111.85 in Check Nos.
221913-222296; $729,703.13 in Electronic Transfer Nos. 820320-820321, 820325,
820329-820334, 820337-820385, 820403-820445, 820449-820464, 820470-820522,
820525-820584, 820595, 820622-820623, 820695; $69,288.29 in Check Nos. 51557-
51623; $1,526,429.30 in Electronic Transfer Nos. 30119293-30120310).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 10 of 123
May 7, 2018
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 221913-222296 51557-51623
Total Check Amount $1,971,111.85 $69,288.29 Total Checks 2,040,400.14$
Electronic Transfer Numbers 820320-820321 30119293-30120310 -
820325
820329-820334
820337-820385
820403-820445
820449-820464
820470-820522
820525-820584
820595
820622-820623
820695
Total EFT Amount $729,703.13 $1,526,429.30 $0.00 Total EFTs 2,256,132.43$
Grand Total 4,296,532.57$
Councilmember
716,158.09
45,452.99
0.00
0.00
3,639.78
752.67
0.00
3,990.50
56,253.00
9,716.58
1,794.37
113,539.86
2,144.29
2,734.09
322.98
0.00
928.31
349.27
39,686.08
0.00
38,501.09
11,439.26
363,106.92
709,721.09
8,405.01
2,161.21
12,811.62
0.00
281,518.13
1,871,405.38
GRAND TOTAL ALL FUNDS:4,296,532.57$
The City Council
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of January, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
PAYROLL CLEARING
Page 11 of 123
AGENDA REPORT
FOR: City Council May 3, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/7/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Code Enforcement Board Appointments
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's reappointment of Dwayne Speer to Position
No 3, James Rawlinson to Position No. 4 and Mary Gutierrez to Position No. 5 (term
expiration date 1/1/22) to the Code Enforcement Board.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Code Enforcement Board is composed of five members; terms are for four years.
The Board meets on the first Thursday of every month at 7:00pm in the City Hall
Council Chambers.
The Code Enforcement Board hears controversies regarding alleged violations of the
City code, particularly property maintenance standards.
V. DISCUSSION:
Following conduct of interviews at the April 23 Workshop meeting, the Mayor is
requesting Council's confirmation of the reappointments as specified in the motion.
Page 12 of 123
AGENDA REPORT
FOR: City Council April 30, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED
2018-003)
I. REFERENCE(S):
Overview Map
Vicinity Map
Dedication Deed
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the deed from Mark Gerken and Lisa Gerken for a portion
of the Sunset Trail right-of-way.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In April 2018, the applicants had applied for a building permit to construct a carport.
As a condition of permit approval they are required to dedicate (per Resolution 1372)
the necessary right-of-way for Sunset Trail abutting their lot (approximately 30' in
width and 316' in length).
V. DISCUSSION:
The applicants' property was annexed into the City in 2015, but the necessary right -of-
way had not been dedicated for Sunset Trail at that time. Currently, a portion of the
northern 30' of Sunset Trail lies on the applicants' property. When applicants apply for
permits to develop property, necessary right-of-way must be dedicated in order to
ensure public access. Through this dedication process, the City is able provide standard
Page 13 of 123
city infrastructure within the urban area, even though portions of the City are currently
served with substandard roads and in some cases utilities.
Page 14 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
OverviewMap Item : Dedication ROW for Sunset TrailApplicant: Mark and Lisa GerkenFile #: DEED2018-003 ±
SITE
0 180 360 540 72090Feet Road 92S u n s e t T r a i l
Road 96FCID Canal
Sunset Trail
Massey Dr
Page 15 of 123
Exhibit#1 Item: Dedication ROW for Sunset TrailApplicant: Mark and Lisa GerkenFile #: DEED2018-003 ±
SITE
0 30 60 90 12015Feet Road 92Sunset Trail
Page 16 of 123
After Recording,Return To:
City of Pasco,Washington
Attn:City Planner
525 North 3”‘
Pasco,WA 99301
DEDICATION DEED
Tax Parcel No.118 080 096
THE GRAN TOR(S),Mark D.Gerken and Lisa Gerken,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,all
interest in the land described as follows:
The South 30 feet ofa portion ofSection 17,Township 29,Range 9,W.M.City ofPasco,
Franklin County,Washington being more particularly described as follows.
Short Plat 92-16 Lot 2 Except for South 30 feet road right—of-way
DATE1)thisZ‘/Ciéyof /9P/UL,,2o1s.
GRANTOR(S)
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this L‘-\;’g‘iayof99 V1‘!3 ,2018,before me,the undersigned,duly to be
the individual(s)described above and who executed the within and foregoing instrument as an
agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as
his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on
Dedication Deed -1
Page 17 of 123
commissioned and sworn,personally appeared mag Q g?gg?,M to me known oath
stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this 1%“day of Q95‘!3 ,
2018.
}\x\.\\~;\~"\"““‘\‘Print Name:a 1..$\/\o_r\LS
State of Washington NOTARY PUBLIC in and for the State of Washington
§Residing at:P
My Commission Expires:_i®
KRYSTLEL.SHANKS
MY COMMISSIONEXPIRES g
January 5,2020 /
-\_xxxxxxx.-\\\'\\'\.\\.\_x\J
Dedication Deed ~2
Page 18 of 123
MYCOMMISSION EXPIRES ,»
GRANTOR(S)
Owner(s)
?;2!1a;.7&1ax%
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this 0)-Lithday of Q 95‘;9:,2018,before me,the
undersigned,duly to be the individual(s)described above and who executed the
within and foregoing instrument as an agent of the owner(s)of record,and
acknowledged to me that he/she/they signed the same as his/her/their free and
voluntary act and deed,for the uses and purposes therein mentioned,and on
commissioned and sworn,personally appeared $59‘,(3 9 D 3‘,M to me
known oath stated that he/she/they is/are authorized to execute the said
instrument.
GIVEN under by hand and of?cial seal this 3.‘-lmdayof 13Q3‘,Q ,
2018.
Print Name:L_Q 3
NOTARY PUBLIC in and forthe State of Washington
Residing at:Dgmd-A3
My Commission Expires:’_&gL
Notary Putilic
State of Washington
KRYSTLEL.S HANKS
2020 I‘.;£»."‘3‘$.'E‘?.n ts
'
January 5,
Dedication Deed -3
Page 19 of 123
AGENDA REPORT
FOR: City Council May 1, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Final Plat: Madison Park Planned Density Development Ph. 4 (MF# FP 2018-
004)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Final Plat for Madison Park Planned Density
Development Phase 4.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In June of 2014 the Council approved a preliminary plat for Madison Park Planned
Density Development; phases one through three have subsequently received Final Plat
approval. The developer has installed all infrastructure for phase four which is now
complete and consistent with applicable requirements and conditions previously
adopted by Council.
Madison Park is a single-family residential development located east of Road 52 and
south of Burns Road. The fourth phase contains 46 of 387 total lots averaging 10,897
square feet in size. This phase will have access from Santa Fe Lane and Nauvoo Lane.
V. DISCUSSION:
Page 20 of 123
Staff recommends approval of the Final Plat of Madison Park Planned Density
Development Phase 4.
Page 21 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
OverviewMap Item : Final Plat - Madison Park Ph 4Applicant: EE Properties LLCFile #: FP2018-004 ±
SITE
0 450 900 1,350 1,800225FeetRoad 52S a n d i f u r P k w y
S a n t a C r u z L n
C I T Y L IMIT S
Page 22 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
VicinityMap Item : Final Plat - Madison Park Ph 4Applicant: EE Properties LLCFile #: FP2018-004 ±
SITE
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Proclamation
” “Public Service Recognition Week
May 7-11, 2018
WHEREAS, Americans are served every single day by public servants at the federal, state, county and
city levels. These unsung heroes do the work that keeps our nation working; and
WHEREAS, public employees take not only jobs, but oaths; and
WHEREAS, many public servants, including military personnel, police officers, firefighters, border
patrol officers, embassy employees, health care professionals and others, risk their lives each day in
service to the people of the United States and around the world; and
WHEREAS, City of Pasco employees (currently some 360 in number) represent numerous
occupations and trades, possess a broad array of skills and expertise and put these to use with efficiency
and integrity for all who reside in or visit our City; and
WHEREAS, without these public servants at every level, continuity would be impossible in a
democracy that regularly changes its leaders and elected officials; and
WHEREAS, we all owe a substantial debt of gratitude to City of Pasco employees; and
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, encourage all
citizens to recognize the accomplishments and contributions of government employees at all levels, and
to observe the week of May 7-11, 2018 as
“Public Service Recognition Week”
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 7th day of May 2018.
Matt Watkins, Mayor
City of Pasco
Page 26 of 123
Proclamation
“National Police Week”
May 13-19, 2018
WHEREAS, the City of Pasco Police play an essential role in safeguarding the rights and freedoms of the
citizens of the City of Pasco; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and
sacrifices of their police; and
WHEREAS, City of Pasco Police recognize their duty to serve the people by safeguarding life and property, by
protecting them against violence and disorder, and by protecting the innocent against deception and the weak
against oppression; and
WHEREAS, the men and women of the City of Pasco Police unceasingly provide a vital public service;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, call upon all citizens of the
City of Pasco and upon all patriotic, civic and educational organizations to observe the week of May 13-19, 2018 as
“National Police Week”
with appropriate ceremonies and observances in which all of our citizens may join in commemorating law
enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have
rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens.
I further call upon all citizens of the City of Pasco to observe Monday, May 14, 2018 as
“Peace Officers’ Memorial Day”
in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice
in service to their community or have become disabled in the performance of duty, and let us recognize and pay
respect to the survivors of our fallen heroes.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco,
State of Washington, to be affixed this 7th day of May 2018.
Matt Watkins, Mayor
City of Pasco
Page 27 of 123
CommentsApril, May, Oct, Nov when taxes are receivedGENERAL FUND REVENUES OVER/UNDER EXPENDITURES: YTD expenditures exceed revenue by $187,814 compared to expenditures exceeding revenue by $819,779 in 2017 during the same period. The 2018 year-end projection is for expenditures to exceed revenue by $374,000, mostly due to one time investments being made by the City to move to SEACOMM. In the near future, the City also anticipates an impact of the finalization of the collective bargaining process with the Pasco Union Firefighters. The current contract expired in 12/30/2017. Fund Balance reserves help to stabilize operations for unexpected adverse fluctuations in revenue or expenditure actual amounts. $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2018 CUMULATIVE GENERAL FUND REVENUE & EXPENDITURES2018 Cumulative Revenue2018 Cumulative Expenditures4‐Yr Average Rev4‐Yr Average ExpPage 28 of 123
GENERAL FUND END FUND BALANCE HISTORY: The City designates the fund balance into two categories, restricted and unrestricted. The unrestricted fund balance represents funds the City sets aside as a stabilization fund, the intent of which is to smooth over unexpected fluctuations in revenues and expenditures. The fund balance is normally built up when revenues exceed expenditures. The 2017 estimated fund balance is expected to be lower than prior year due to accrual of an additional pay period as recommended by State Auditor's Office. This accural was not a standard practice for the City in prior years.Page 29 of 123
GENERAL FUND Average Elapsed Time 24%REVENUE SOURCES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsTAXES: PROPERTY 7,825,655 224,267 3% 8,182,758 320,922 4% SALES 12,300,000 3,004,293 24% 12,675,000 3,281,485 26% PUBLIC SAFETY 1,400,000 236,786 17% 1,488,740 377,602 25% UTILITY 9,267,000 2,500,853 27% 9,498,808 2,429,540 26% OTHER 1,204,000 298,021 25% 1,215,170 340,917 28%LICENSES & PERMITS 1,921,964 845,465 44% 2,054,200 823,968 40%Transition of Animal and Business licenses. Due date moved to end of March, compared to February in prior years.INTERGOV'T REVENUE 2,118,837 350,799 17% 2,317,438 355,744 15%CHARGES FOR SERVICES 6,523,156 1,740,198 27% 7,093,604 1,823,779 26%FINES & FORFEITS 872,100 179,543 21% 853,100 215,532 25%MISC. REVENUE 498,760 114,032 23% 528,800 87,430 17% Timing of internal fund transfersDEBT AND TRANSFERS IN 593,000 493,252 83% 227,600 51,402 23% Timing of internal fund transfersTOTAL 44,524,472 9,987,509 22% 46,135,218 10,108,321 22%EXPENDITURES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsCITY COUNCIL 111,975 30,223 27% 124,511 32,344 26%MUNICIPAL COURT 1,763,123 352,213 20% 1,464,406 317,709 22%CITY MANAGER 1,593,838 453,462 28% 2,564,519 424,348 17% One-time costs not expensed yetPOLICE 15,483,731 3,687,395 24% 16,544,349 3,867,757 23%FIRE 7,055,942 1,763,834 25% 6,859,386 1,747,211 25%ADMIN & COMMUNITY SVCS 6,801,261 1,741,036 26% 7,533,004 1,639,926 22%COMMUNITY DEVELOPMENT 1,592,376 411,951 26% 1,728,603 397,814 23%FINANCE 2,019,332 529,919 26% 2,231,311 488,321 22%ENGINEERING 1,798,269 436,667 24% 1,801,529 391,015 22%LIBRARY 1,330,220 422,036 32% 1,377,958 344,362 25% Timing of payment in 2017NON-DEPARTMENTAL 2,219,313 492,668 22% 2,173,513 460,386 21%DEBT AND TRANSFERS OUT 2,747,400 586,136 21% 1,941,700 191,529 10% Timing of internal fund transfersTOTAL 44,516,780 10,907,540 25% 46,344,789 10,302,722 22%2017 20182017 2018
Page 30 of 123
AGENDA REPORT
FOR: City Council May 2, 2018
TO: Dave Zabell, City Manager
Steve Worley, Public Works Director
Regular Meeting: 5/7/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Chapel Hill Boulevard LID Formation, No. 16030
I. REFERENCE(S):
Resolution No. 3829
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
MOTION: I move to continue the Chapel Hill Boulevard LID Formation public
hearing to a date to be announced in the future, with at least 2 weeks' notice to property
owners by the Clerk by phone or email, and to reopen the hearing at that rescheduled
time.
III. FISCAL IMPACT:
Estimated Project Cost $11.9M
City Contribution $2.24M
IV. HISTORY AND FACTS BRIEF:
The Project
In 2016, DNR parceled and sold 230 acres bounded by Road 84, Road 68, Argent and
the FCID canal, and I-182. The City's Comprehensive Plan identifies the Chapel Hill
Boulevard corridor through this area as a connection from Road 100 to Road 68.
Preliminary design work has been prepared which proposes a section that
accommodates all users from pedestrians and cyclists to passenger vehicles and
delivery trucks.
Page 31 of 123
Proposed Process
Local Improvement Districts (LIDs) are a means of assisting benefiting properties in
financing needed capital improvements through the formation of special assessment
districts. Special assessment districts provide the opportunity for improvements to be
financed and paid for over a period of time through assessments on the benefitin g
properties.
Resolution No. 3829
By Resolution No. 3829 approved April 2, 2018, the City Council declared its intention
to order the improvement of Chapel Hill Boulevard from Road 68 to Road 84,
including the intersection with Road 76. Resolution No. 3829 fixed May 7, 2018 at
7:00 pm, local time, in the City Council Chambers of the City Hall for the Public
Hearing. Further, Resolution No. 3829 ordered the notification of involved property
owners.
V. DISCUSSION:
The design and construction of this project is currently estimated to be at $9.5 million,
with $2.4 million for financial elements like escrow, guaranty fund, and financing cost.
Staff has consulted with experts in the LID process and found that an LID is
appropriate for use in this situation. A special benefit analysis was recently conducted
which demonstrated that the benefits of the project accrued to the parcels within the
proposed LID boundary exceed the cost of the project and the projected assessments.
Therefore, it is beneficial to move forward with the LID.
The preliminary assessment roll was prepared using the Special Benefit Analysis
method, rather than the Mathematical method. With the Special Benefit Analysis
method, an appraiser calculates the value of each parcel with and without the proposed
improvement. The mathematical method involves division of improvement costs based
on lineal front-footage or area. The Special Benefit Analysis method was selected due
to the subject parcels varying size and zoning type. This provides for a more equitable
preliminary assessment. The two major zoning types in this LID are commercial and
residential. There is greater benefit to commercial property values with the
construction of a road because access to these properties is vital to th eir economic
development. Therefore, properties with commercial uses typically see greater benefit
and higher assessment values than residential properties.
Staff has met with interested property owners with the goal of getting consensus on the
path to move forward. But, staff feels that there is more work to be done. To that end,
staff proposes that the City Council open the hearing for any public comment at this
time and then continue the hearing until a later date at which time a clearer path
forward will have been agreed on or other alternative established.
Page 32 of 123
CITY OF PASCO, WASHINGTON
RESOLUTION NO.34p)a cy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING ITS
INTENTION TO ORDER THE IMPROVEMENTS OF CHAPEL HILL BOULEVARD
FROM ROAD 68 TO ROAD 84, INCLUDING THE INTERSECTION WITH ROAD 76)
AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS THE COST AND
EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY
SPECIALLY BENEFITTED THEREBY; NOTIFYING ALL PERSONS WHO DESIRE TO
OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS
AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON
MAY 7, 2018; AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Pasco, Washington, to
order the improvement of the property within the area described in Exhibit A, by the
improvement of Chapel Hill Boulevard (from Road 68 to Road 84, including the intersection
with Road 76). The improvements are more fully described in Exhibit B, and consist of full
roadway improvements, including road construction to three lane and five lane design, curb,
gutter, sidewalk, storm drain system, street lighting, and landscaping (collectively, the
Improvements"). The referenced Exhibits A and B are attached hereto and by this reference
made a part hereof.
All of the foregoing Improvements shall be in accordance with the plans and
specifications prepared by the City Engineer of the City and may be modified by the City as
long as that modification does not affect the purpose of the improvements.
Section 2. The total estimated cost and expense of the Improvements is declared to be
10,700,000, of which an estimated $9,600,000 shall be borne by and assessed against the
property specially benefited by the Improvements to be included in a local improvement
district to be established and embracing as nearly as practicable all the property specially
benefited by the Improvements. Actual assessments may vary from estimated assessments as
long as they do not exceed a figure equal to the increased true and fair value the Improvements
add to the property.
Section 3. The City Clerk is authorized and directed to give notice of the adoption of
this resolution and of the date, time and place fixed herein for the public hearing to each owner
or reputed owner of any lot, tract, parcel of land or other property within the proposed local
improvement district by mailing such notice at least fifteen days before the date fixed for
public hearing to the owner or reputed owner of the property as shown on the rolls of the
Franklin County Assessor at the address shown thereon, as required by law.
Page 33 of 123
This resolution also shall be published in its entirety in at least two consecutive issues
of the official newspaper of the City, the date of the first publication to be at least 15 days prior
to the date fixed herein for the public hearing.
Section 4. All persons who may desire to object to the Improvements are notified to
appear and present those objections at a hearing before the City Council to be held in the
Council Chambers in the City Hall, 525 N. 3rd Avenue, Pasco, Washington, at 7:00 p.m. on
May 7, 2018, which time and place are fixed for hearing all matters relating to the
Improvements and all objections thereto and for determining the method of payment for the
Improvements. All persons who object thereto should appear and present their objections at
that hearing. Any person who may desire to file a written protest with the City Council may do
so within 30 days after the date of passage of the ordinance ordering the Improvements in the
event the local improvement district is formed. The written protest should be signed by the
property owner and should include the legal description of the property for which the protest is
filed and that protest should be delivered to the City Clerk.
The City Engineer is directed to submit to the City Council on or prior to May 7, 2018,
all data and information required by law to be submitted.
The foregoing resolution was ADOPTED by the City Council of the City of Pasco,
Washington, at a regular open public meeting thereof this 2nd day of April, 2018.
Matt atkins, Mayor
ATTEST:
idVA- WM.7(1) (-,(
Daniela Erickson, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 34 of 123
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.3Q7cc 9 (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 April 2, 2018, 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 the members voted in the proper manner for the adoption of the Resolution.
IN WITNESS WHEREOF,I have hereunto set my hand this 211d day of April,2018.
CITY OF PASCO, WASHINGTON
4 . % 0
Daniela Erickson, City Clerk
Page 35 of 123
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Exhibit B
Page 37 of 123
AGENDA REPORT
FOR: City Council May 3, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Street Vacation: A portion of Duluth St & Nevada Ave. (MF# VAC 2018-001)
I. REFERENCE(S):
Proposed Ordinance
Overview Map
Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
MOTION: I move to approve Ordinance No._____, vacating a portion of portion of
Duluth Street and Nevada Avenue, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Property owners within Blocks 5 and 18 of the Freys Addition have petitioned for the
vacation of Duluth Street and Nevada Avenue in the referenced blocks. The Pasco
School District owns Block 18 and Block 5 is owned by a private individual who has
submitted an application for developing a residential subdivision.
As previously recommended, Council set May 7, 2018 as the date to consider the
proposed vacation.
V. DISCUSSION:
Page 38 of 123
Per PMC 12.40 the Council may require compensation for vacated right-of-way. The
compensation involves obtaining a title report and appraisal of value. However the
compensation and the requirements attached thereto may be waived if one or more of
the following conditions apply:
1. The vacation is initiated by the City Council by Resolution;
2. The vacation is at the request of the City;
3. The right-of-way to be vacated was previously determined by the City Council
not to be essential to public traffic circulation and available for vacation;
4. The grant of substitute public right-of-way which has a value as a right-of-way
at least equal to that right-of-way to be vacated; and
5. The resulting benefit to the community of the project requiring the vacation
outweighs the appraised value of the right-of-way to be vacated.
Council Resolution 3830 setting the hearing to consider the vacation waived the
requirement for compensation.
The Council previously determined through adoption of the Oregon Avenue
Circulation Plan that Duluth Street and Nevada Avenue were not essential for public
traffic circulation, the resulting benefit from the construction of approximately 21 new
dwellings along with a properly aligned replacement street offsets the value of the
unimproved platted right-of-way.
Engineering Division staff has reviewed the proposed vacation and has indicated that
there are no utility considerations.
Page 39 of 123
1
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3rd
Pasco, WA 99301
ORDINANCE NO. __________
AN ORDINANCE VACATING A PORTION OF EAST DULUTH STREET AND
A PORTION OF NEVADA AVENUE.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, the street vacation process provided in PMC 12.40 requires a title report
and an appraisal of value and compensation unless waived by the City Council; and,
WHEREAS, the City Council may waive the requirement for a title report, an appraisal
of value and compensation if a proposed vacation is located within an area where the Council has
previously determined the subject street is not essential for public circulation; and,
WHEREAS, pursuant to Section 1 of Resolution 3830 the City Council waived the
requirement for an appraisal, title report and payment of compensation for the proposed vacation
of a portion of East Duluth Street Nevada Avenue; and,
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Duluth Street from the east right-of-way line of Utah Avenue to a line 30 feet
west and parallel to the west right-of-way line of Wehe Avenue and Nevada Avenue from the south line
of Salt Lake Street to the south line of Duluth Street, as depicted in Exhibit “1” be and the same is
hereby vacated.
Page 40 of 123
2
Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 7th day of May 2018.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 41 of 123
Item: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 Exhibit#180'378.2'0 60 120 180 240 300FeetSITE80'380'Page 42 of 123
0 300 600 900 1200FeetItem: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 OverviewMapSITEPage 43 of 123
Item: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 VicinityMap80'378.2'0 60 120 180 240 300Feet80'SITE380'Page 44 of 123
AGENDA REPORT
FOR: City Council May 1, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Code Amendment: Amending PMC 26.28 to Allow Administrative Approval of
Final Plats (MF# CA 2017-007)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Memo
Planning Commission Minutes Dated: 9/21/17 and 10/19/17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, amending PMC Title 26.28 allowing
administrative approval of Final Plats, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
State law amending RCW 58.17.100, 58.17.170, and 58.17.190 relating to the approval
of final plats became effective in 2017 which authorizes the legislative body of a city to
delegate final plat approval to administrative personnel.
Currently, and per the current code, the Planning Commission reviews, conducts public
hearings to evaluate and condition preliminary plat proposals to assure that the plat
conforms to all planning standards as established in the Pasco Municipal Code (PMC).
The Planning Commission subsequently makes a recommendation to City Council
which the Council may adopt, remand or reject. Once adopted the preliminary plat
may proceed toward development.
Page 45 of 123
As part of the final plat approval process, staff evaluates compliance with all applicable
codes and special conditions adopted by the City Council. Once staff has determined
that all conditions relating to the plat as previously determined by the City Council
have been satisfied, the plat is then scheduled for consideration for final approval by
the City Council.
The lag between staff's determination of compliance and the next available regular
meeting where Council can take action can be as long as three weeks. For the plat
developer, this wait time occurs during the period where carrying costs are at their
peak.
Staff presented a proposal to provide for administrative approval of final plats to the
Planning Commission at their September 21, 2017 workshop. The Planning
Commission subsequently conducted a public hearing on October 19, 2017 to take
public input regarding this code amendment and to form a recommendation to City
Council. Following the conduct of a public hearing, the Planning Commission
reasoned it would be appropriate to recommend an ordinance amending PMC 26.28
(see attached Ordinance) to allow for administrative approval of plat.
The City Council discussed this item at their November 13, 2017 workshop and
considered the measure during their November 20, 2017 regular meeting. The measure
failed to pass due to a tie vote of the Council. Subsequent conversations with multiple
Councilmembers has led to this matter being reintroduced for consideration. Most
recently this item was discussed by Council at the April 23, 2018 workshop meeting
with cosnsenus among Council to forward the matter for action.
V. DISCUSSION:
The revision to State law, the Planning Commission's recommendation and the
proposed ordinance offers an opportunity to expedite approval of final plats in a
manner that limits liability to the City, provides predictability to the public, lessens
time related carrying costs to the investors of the project and reducing costs passed on
to the end users without compromising the quality of the project.
For the reasons stated above, staff believes that administrative approval of final plats
will benefit the City, investors and potential end users of property being subdivided
through the platting process.
Page 46 of 123
Ordinance – Amending PMC 26.28 - 1
ORDINANCE NO._____
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Chapter 26.28 Allowing Administrative
Approval of Final Plats
WHEREAS, the development and approval of plats within the State of Washington are
governed by RCW 58.17; and
WHEREAS, local subdivision regulations including the City of Pasco subdivision
regulations within Title 26 of the Pasco Municipal must conform to RCW 58.17; and
WHEREAS, the State Legislature recently amended RCW 58.17 grant cities the option
of administratively approving final plat without City Council action; and
WHEREAS, PMC Title 26 currently contains provisions for administrative approval of
short plat; and
WHEREAS, to provide for timely approvals of final plats the City Council hereby
exercises the option to authorize administrative approvals of final plats as authorized by RCW
58.17.100; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 26.28.010 of the Pasco Municipal Code entitled
“Application” shall be and hereby is amended and shall read as follows:
26.28.010 APPLICATION.
(1) Except as provided in subsection (2) below, a final plat meeting all of the
requirements of this Chapter shall be submitted to the City Council City Planner for approval
within seven (7) years of the date of the preliminary plat approval if the date of the preliminary
plat approval is was on or after January 1, 2008 but before December 31, 2014, and within five
(5) years of the date of preliminary plat approval, if the date of preliminary plat approval is was
on or after January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Council City Planner for approval within ten (10) years of the date or preliminary plat approval if
the project is within the City limits, not subject to the requirements adopted under Chapter 90.48
RCW (Shoreline Management Plan), and the date of the preliminary plat approval is was on or
before December 31, 2007.
(3) The proposed final plat shall be submitted for recording purposes, together with
such supplementary information, certificates and bonds as may be required, to the City Planner at
least fifteen (15) days before the City Council meeting at which approval is sought.
Page 47 of 123
Ordinance – Amending PMC 26.28 - 2
(4) A complete application shall consist of the original signed, dated and stamped
mylar drawing of the subdivision with ten copies, a title certificate, applicable instrument
identified in 26.28.050 to cover the cost of outstanding improvements, and digital copy of the
final plat in a format specified by the City Engineer.
(3) A complete application for final plat approval shall consist of ten full sized, four
11x17 paper copies and an electronic copy of the plat. The paper copies together with such
supplementary information and certificates which may be required shall be submitted to the City
Planner at least twenty days prior to the date sought for final plat approval. Following written
notification of corrections or modifications necessary for the final plat, if any, the applicant shall
submit a signed, dated and stamped mylar drawing of the subdivision with an updated electronic
copy and the applicable bonding instrument as identified in 26.28.050. A bond will only be
needed if there are outstanding improvements to complete. (Ord. 4107, 2013; Ord. 4056, 2012;
Ord. 3398 Sec. 2, 1999.)
Section 2. That Section 26.28.030 (14) of the Pasco Municipal Code shall be and
hereby is amended and shall read as follows:
(14) Spaces for certificates or approvals of the following officials or agencies:
a) Mayor City Manager or Designee.
b) Chairman, City Planning Commission. City Planner.
c) City Engineer.
d) County Engineer (where applicable).
e) Franklin County P.U.D. or applicable utility provider.
f) Franklin County Irrigation District #1 (where applicable).
g) Benton Franklin Health District (where applicable).
h) County Assessor.
i) County Treasurer.
j) County Auditor. (Ord. 3398 Sec. 2, 1999.)
Section 3. That Section 26.28.060 of the Pasco Municipal Code entitled “City
Council Approval” shall be and hereby is amended and shall read as follows:
26.28.060 CITY COUNCIL ADMINISTRATIVE APPROVAL. The final
approval of a plat is an administrative function not requiring action by the City Council.
City Council shall have sole authority to approve final plats. Such approval shall occur
Page 48 of 123
Ordinance – Amending PMC 26.28 - 3
by majority affirmative vote of the City Council during a regular City Council meeting.
A final plat shall only be approved if the City Council administrative review process
finds the subdivision proposed for final plat approval conforms to all terms of the
preliminary plat approval, and the said subdivision meets the requirements of Chapter
58.17 RCW, other applicable state laws and this title which requirements were in effect
on the date of submission of a fully completed preliminary plat application. The final
plat applicant may appeal a determination of the administrative review process by a
closed record appeal to the City Council pursuant to PMC 4.02.100. (Ord. 3398 Sec. 2,
1999.)
Section 4. That Section 26.28.070 of the Pasco Municipal Code entitled “Terms of
Approval” shall be and hereby is amended and shall read as follows:
26.28.070 TERMS OF APPROVAL.
(1) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect on the date of preliminary plat approval for a
period of seven (7) years after final plat approval if the date of the final plat approval is on or
before December 31, 2014; and for a period of five (5) years after the final plat approval if the
date of final plat approval is on or after January 1, 2015, unless the City Council finds through
the administrative approval process it is found that a change in conditions creates a serious threat
to the public health or safety in the subdivision. If a serious threat to public health and safety is
found the plat must be reviewed by the City Council.
(2) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary
plat for a period of ten (10) years after final plat approval if the project is located within the City
limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline
Management Plan), and the date of the final plat approval is on before December 31, 2007,
unless the City Council finds through the administrative approval process it is found that a
change in conditions creates a serious threat to the public health or safety in the subdivision. If a
serious threat to public health and safety is found the plat must be reviewed by the City Council.
(Ord. 4107; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.)
Section 5. This Ordinance shall be in full force and effect five days after passage and
publication as required by law.
Page 49 of 123
Ordinance – Amending PMC 26.28 - 4
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of _________________, 2018.
______________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 50 of 123
1
M E M O R A N D U M
DATE: October 19, 2017
TO: Planning Commission
FROM: Darcy Bourcier, Planner I
SUBJECT: Ordinance Amending PMC Chapter 26.28 Allowing Administrative
Approval of Final Plats (MF# CA2017-007)
Earlier this year in July the Senate passed a bill amending RCW 58.17.100,
58.17.170, and 58.17.190 which addresses the approval of final plats. The
bill authorizes the legislative body of a city to delegate final plat approval to a
planning commission or other authorized administrative personnel.
Currently, the City of Pasco’s review process of the subdivision of land
includes preliminary and final plat approval by the City Council.
According to the current code, the Planning Commission holds a hearing to
review a preliminary plat and ensure that the plat conforms to all planning
standards as established in the PMC. The Planning Commission subsequently
makes a recommendation to City Council which the Council may adopt or
reject. At the time of final plat approval, all issues related to zoning,
environmental impact, and building have been resolved.
Thus, staff believes that delegating final plat approval to the Planning
Director or City Manager would benefit both the City and applicants who
submit subdivision proposals by decreasing the review process by nearly two
weeks and eliminating a formality that has the potential to cause liability.
Staff has scheduled a public hearing for the Planning Commission meeting of
October 19, 2017.
Page 51 of 123
PLANNING COMMISSION MINUTES
9/21/17
WORKSHOP:
A. Code Amendment Ordinance Amending PMC Chapter 26.28
Allowing Administrative Approval of Final Plats
(MF# CA 2017-007)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the ordinance
amending PMC Chapter 26.28, allowing administrative approval of final plats.
Currently, preliminary plats come to the Planning Commission for public hearing,
then come back for deliberations and are then sent on to City Council for a
recommendation to approve or deny a preliminary plat with a number of conditions.
The applicant will have 5 years to fulfill those conditions based on the preliminary plat
approval. When it is complete, and they are often done in phases, the phases go to
City Council for approval. It is a pro-forma approval because at that stage everything
is complete. The improvements are constructed, conditions complied with and if the
improvements aren’t constructed, a bond is posted in case the developer walks from
the project the City can complete the public improvements, such as a road or park.
Up until July of 2017, State Law requires that final plat process to go through City
Council for approval but that has been changed to allow administrative approval of the
final plat. Staff has developed an ordinance that appears to change a lot in our
existing subdivision code but it actually changes very little. It clarifies some items and
allows administrative approval instead of City Council approval. The process the
Planning Commission is involved with won’t change at all and the City Council will
still be hearing the Commission’s recommendations on preliminary plats just as they
do now. But in 5 years from now when the plat is completed, City Council won’t be
involved should this code amendment be processed and approved.
Chairwoman Roach asked if this ordinance would take 5 years to be put into effect.
Mr. White replied that if it is approved it will go into effect when it is adopted by City
Council but it is an amendment to the subdivision code. The Planning Commission
should weigh in on what Council should do.
Chairwoman Roach said she would support the process to move more expediently as
there has been such requests from the public and applicants. This may help move
things along.
Mr. White added that once the preliminary plat is approved by Council they may not
see plat again and neither does the Planning Commission. When it does come back to
Council for final approval it’s on the consent agenda, it’s not even a hearing or
discussed. It would save 2-4 weeks of time at the end of the process when everything
is complete and the developer just needs approval which is what the state law was
Page 52 of 123
getting at.
Commissioner Portugal added that there needs to be a balance between expedience
and the process to make sure nothing backfires. While he understands there are
deadlines, he does want us to use caution to ensure the well-being of the residents.
Commissioner Greenaway said she agreed with Commissioner Portugal but the
problem is 5 years down the road when the project is complete that step in the process
should be quick.
Commissioner Bykonen reminded the Commission that once the plat is ready for final
approval by Council, it is put on the consent agenda and Council doesn’t even discuss
it and that has been her experience regardless of the jurisdiction.
Commissioner Alvarado asked if staff saw any drawbacks to the ordinance amending
the PMC.
Mr. White said no.
Commissioner Portugal discussed the process of cell towers and how it is decided for
the companies to disguise them, such as the pine tree cell tower on Road 68 and
Court Street or not disguise them as some other towers in the community. He asked if
it was possible to have a requirement for cell towers or to make older cell towers to
look more aesthetic.
Mr. White responded that as Commissioner Cruz once pointed out, that sometimes it
is site specific and a tower disguised as a tree may look good in one location but out of
place and worse in another location. At the same meeting where the cell tower
disguised as a pine tree was approved there was also a cell tower approved disguised
as a church steeple on top of a church. It is more of a location basis but the Planning
Commission weighs in on the decision.
Commissioner Alvarado asked if the item they were discussing the ordinance
amendment was for development of plats.
Mr. White replied yes and with the code amendment the Planning Commission
typically looks at it first at a workshop and then staff takes direction and makes any
necessary changes based on feedback and then schedule a hearing to come back to
the Planning Commission with a draft ordinance for a recommendation.
There were no further questions or comments.
Page 53 of 123
PLANNING COMMISSION MINUTES
10/19/17
PUBLIC HEARINGS:
G. Code Amendment Ordinance Amending PMC Chapter 26.28
Allowing Administrative Approval of Final Plats
(MF# CA 2017-007)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed
code amendment to PMC Chapter 26.28 which would allow administrative approval of
final plats. Mr. White explained that State law changed this past legislative session to
allow cities to delegate the authority to approve final plats to an administrative staff. It
was discussed at the September 21, 2017 Planning Commission meeting that when an
item finally proceeds to City Council for final plat approval, everything has been
fulfilled beforehand—the conditions have been developed, approved, and recorded. The
implementation of the approval is completed through the final plat process; a final plat
does not proceed to Council until it is done. Mr. White pointed out that staff sees it as
not only a way to decrease liability on behalf of the City, but also a way to increase
efficiency. This code amendment, he said, will eliminate a two to three week process of
getting a final plat to City Council for approval.
Mr. White proposed the Commission conduct the public hearing and recommend
approval to City Council.
Chairman Cruz asked for discussion, comments, or questions from the Commission
members. There were none.
Chairman Cruz opened the item for public hearing. There were no comments from the
audience, so Chairman Cruz closed the public hearing.
Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public
hearing and recommend the City Council amend PMC 26.28 to allow administrative
approval of final plats. The motion passed unanimously.
Page 54 of 123
AGENDA REPORT
FOR: City Council April 30, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Rezone: Norman Family Cookies R-2 to R-3 (MF# Z 2018-001)
I. REFERENCE(S):
Proposed Rezone Ordinance
Vicinity Map
Report to Planning Commission
Planning Commission Minutes Dated: 3/15/18 & 4/19/18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning parcel # 113900039 and #
113900057, from R-2 (Medium Density Residential) to R-3 (Medium Density
Residential), and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On March 15, 2018 the Planning Commission conducted a public hearing to develop a
recommendation for the City Council on the possible rezone of two parcels located at
the southeast corner of E Lewis St and S Cedar Ave. The northern parcel is addressed
2508 E Lewis St. The applicant requested a rezone from R-2 (Medium-Density
Residential) to R-3 (Medium-Density Residential).
Following conduct of the hearing, the Planning Commission recommended the
property in question be rezoned from R-2 to R-3.
No written appeal of the Planning Commission’s recommendation has been received.
Page 55 of 123
V. DISCUSSION:
The property in question was annexed in 1994; however, the three houses, multi-family
units, and various other structures located on the parcels have existed at least since the
1940's. The two parcels have been used as residential rentals and a mobile home park
since then. The applicant is seeking a rezone in order to develop the lots with new
middle-income townhomes. He hopes that, by improving the site, other businesses and
housing developers will be drawn to the area.
Page 56 of 123
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING PARCEL #
113900039 AND # 113900057, FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3
MEDIUM DENSITY RESIDENTIAL).
WHEREAS, a complete and adequate petition for change of zoning classification has
been received and an open record hearing having been conducted by the Pasco Planning Commission
upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the requested change for the zoning classification is consistent with the adopted Comprehensive
Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and
objectives of the Comprehensive Plan serving the general public interest in the community; and (C)
there has been a change in the neighborhood or community needs or circumstances warranting the
requested change of the zoning classification; and (D) the Planning Commission developed findings
which are hereby adopted by the City Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from
R-2 (Medium-Density Residential) to R-3 (Medium-Density Residential) for the real property as
shown in the Exhibit “1” attached hereto and described as follows:
The North 248.71 Feet of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 28, Township 30, Range 9, Except the West 228.71 Feet
and Except Roads
The South 90 Feet of the North 338.71 Feet of the Northwest Quarter of the Northwest
Quarter of the Southeast Quarter of Section 28, Township 30, Range 9
Section 2. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
Passed by the City Council of the City of Pasco this 7th day of May, 2018.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 57 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ±
SITE
E Lew is St
S Cedar AveHe
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a
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B
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dS Hugo AvePage 58 of 123
1
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 2018-001 APPLICANT: Norman Family Cookies, LLC
HEARING DATE: 3/15/2018 1700 Selah Heights
ACTION DATE: 4/19/2018 Selah, WA 98942
BACKGROUND
REQUEST: REZONE: Rezone two parcels from R-2 (Medium-Density
Residential) to R-3 (Medium-Density Residential)
1. PROPERTY DESCRIPTION:
Legal: Parcel #1: N 248.71' of NW4NW4SE4 28-9-30, Exc W 228.71' &
Exc Rds
Parcel #2: Ptn 28-9-30 DAF; S 90' of N 338.71' of NW4NW4SE4
General Location: At the southeast corner of E Lewis St and S Cedar Ave
Property Size: Approximately 3.5 acres.
2. ACCESS: The parcels are accessible from E Lewis St and S Cedar Ave.
3. UTILITIES: All municipal utilities are available to serve the site.
4. LAND USE AND ZONING: The lot is currently zoned R-2 (Medium-
Density Residential) and is vacant. Surrounding properties are zoned
and developed as follows:
NORTH: C-1/C-3 – Vacant
SOUTH: R-2 – Vacant
EAST: R-2 – Vacant
WEST: C-1 – Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for either Mixed-Residential or Commercial uses. Goal LU-3-E
encourages the City to designate areas for higher density residential
development where utilities and other facilities enable efficient use of
capital resources. Other goals and policies suggest the City permit a full
range of residential environments including multi-family homes (H-2-A)
and standards that control the scale and density of accessory buildings
and homes to maintain compatibility with other residential uses (H-4-B).
6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist,
the adopted City Comprehensive Plan, City development regulations,
testimony at the public hearing and other information, a Determination
of Non-Significance (DNS) has been issued for this project.
Page 59 of 123
2
ANALYSIS
The site has been designated for Mixed Residential development since it was
annexed into the City in 1994; however, the three houses, multi-family units,
and various other structures located on the parcels have existed at least since
the 1940s. Since then, the two parcels have been used as residential rentals
and a mobile home park and have been the site of numerous code violation
issues. Thus, the current owner and applicant of the two parcels is seeking a
rezone in order to develop the lots with new middle-income town- homes. He
hopes that, by improving the site, other businesses and housing developers will
be drawn to the area.
Of the allowable zones under the Mixed Residential designation (RS-20, RS-12,
RS-1, R-1, R-2, and R-3), R-3 zoning permits the highest residential density at
a rate of one multi-family dwelling unit for every 3,000 ft² of land area or 14.5
units per acre. For comparison, the current classification of R-2 permits an
approximate density of 8-units per acre. Currently the site totals 152,467 ft² in
area; barring any required right-of-way dedications R-3 zoning will allow up to
50 dwelling units. However, this number doesn’t take into account parking,
setback, and landscaping requirements.
In the event of approval of the rezone, the applicant intends to develop the site
with as many as eleven fourplexes with small yard areas. During the time of
development, the City also requires full improvement of right-of-way including
curb, gutter, and sidewalk. The site is located on an arterial street which is
favorable for future residents and visitors of the proposed development. The
applicant has expressed interest in either a boundary line adjustment or
combining the parcels before development in order to achieve a favorable site
layout.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established in 1994 when the property
was annexed to the City.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
When the property was annexed, it was designated for mixed-residential
development, which includes RS-20, RS-12, RS-1, R-1, R-2, and R-3. By rezoning
the property to increase the density, the applicant is in accordance with the
Comprehensive Plan.
Page 60 of 123
3
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which
has been determined to be in the best interest of advancing public health, safety
and general welfare of the community. The rezone will lead to the creation of
another residential neighborhoods or commercial businesses providing housing
and job opportunities for Pasco residents.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
A change in zoning classification may ultimately result in the establishment of a
multi-family residential apartment complex consistent with the Comprehensive
Plan. The rezone may improve the value of commercial property on E Lewis St
and will have minimal to no impact on current and future residential
development in the area.
5. The effect on the property owner or owners if the request is not granted:
The property owners may choose to develop the property under the current R-2
zoning designation, but the number of housing units would be diminished as a
result. Rezoning the property to R-3 would allow a greater number of units and
the possibility of street improvements adjacent the property.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site contains three small houses, multi-family units, and various
other small structures that have existed at least since the 1940s.
2. The site was annexed in 1994.
3. The site contains two parcels equaling 3.5 acres.
4. The site is currently zoned R-2 (Medium-Density Residential).
5. Properties to the south and east are zoned R-2 and are vacant.
6. Properties to the north and west are zoned C-1 and C-3 and are vacant.
7. The site is located at the southeast corner of E Lewis St and S Cedar Ave.
Page 61 of 123
4
8. The applicant is requesting R-3 (Medium-Density Residential) zoning.
9. R-3 zoning permits the highest residential density at a rate of one
dwelling unit for every 3,000 ft² of land area or 14.5 units per acre.
10. The Comprehensive Plan identifies the site for Mixed Residential uses
which includes R-3 zoning. The Mixed Residential designation includes
zones RS-20, RS-12, RS-1, R-1, R-2, and R-3.
11. In the event of a rezone, the applicant would like to develop the property
with new middle-income townhomes complete with small yard areas.
12. The property has been the site of numerous code violations.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. H-2-A suggests the City permit a full range of
residential environments. Housing Policy (H-B-A) encourages standards that
control the scale and density of accessory buildings and homes to maintain
compatibility with other residential uses.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The immediate area is shown in the Comprehensive Plan for Mixed Residential
zoning as well as Commercial zoning. Mixed Residential zoning permits the R-3
(Medium-Density) zoning district. The proposed rezone is consistent with the
referenced plans and will not be detrimental to future nearby developments that
will need to conform to the provision of the plans.
3. There is merit and value in the proposal for the community as a whole.
There is merit in developing parcels within the City in accordance with the goals
and policies contained in the Comprehensive Plan. The proposed zoning is
consistent with the Plan’s Land Use Map. Providing an increased range of
housing opportunities available in those areas currently served by municipal
utilities and public transportation benefits the community as a whole and will
enable efficient use of capital resources. The proposal is supported by land use
goals and policies contained in the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
Page 62 of 123
5
The Pasco Municipal Code includes design standards for residential and
commercial development. If or when the applicant pursues the re-development of
this property, he will be required to conform to design standards established by
the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not considered necessary for this application;
however, design standards for the proposed units would be an appropriate use
of a Concomitant Agreement.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the April 19, 2018 staff
report.
MOTION for Recommendation: I move based on the findings of
fact and conclusions as adopted the Planning Commission
recommend the City Council rezone the two parcels at the
southeast corner of E Lewis St and S Cedar Ave from R-2 to R-3 as
recommended by the Planning Commission.
.
Page 63 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
OverviewMap
Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ±
SITE E Lew is St
S Cedar AveHe
rit
a
g
e
B
l
v
dS Elm AveE H elena St
E Adelia St
Page 64 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ±
SITE
E Lew is St
S Cedar AveHe
rit
a
g
e
B
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v
dS Hugo AvePage 65 of 123
Land UseMap
Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ±
SITE
E Lew is St
S Cedar AveHe
rit
a
g
e
B
l
v
dS Hugo AveVacantSFDUs/Vacant
Comm.
SFDUs Multi-FamilyCommercialVacant
Commercial
Vacant
SFDUs
Vacant MiniStorage IndustrialPage 66 of 123
ZoningMap
Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ±
SITE
E Lew is St
S Cedar AveHe
rit
a
g
e
B
l
v
dS Hugo AveR-2
R-1-A
C-3
R-2
I-1C-1
C-3C-1
C-1
R-1R-1
C-3
R-1-A
Page 67 of 123
Page 68 of 123
Page 69 of 123
Looking North
Page 70 of 123
Looking East
Page 71 of 123
Looking South
Page 72 of 123
Looking West
Page 73 of 123
PLANNING COMMISSION MINUTES
3/15/2018
PUBLIC HEARINGS:
B. Rezone Rezone from R-2 (Medium-Density Residential)
to R-3 (Medium-Density Residential) (Norman
Family Cookies LLC) (MF# Z 2018-001)
Chairwoman Roach read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, gave a summary of the rezone application from R-2
(Medium-Density) to R-3 (Medium-Density). The property consists of two adjacent
parcels. The parcels were annexed into the city in 1994 but the structures located
there date back to the 1940’s. There are three little houses, some multi-family
housing and various other structures that have been in the past as source of
numerous code violations. In order to clean up the area, the new owner of these two
parcels is looking to rezone and develop the lots with new middle income townhomes.
By rezoning to a greater density, the owner will be able to fit more units on the
property. Since the property is designated for mixed-residential zoning, he will be in
conformance with the Comprehensive Plan by rezoning them to R-3. He is hoping that
by improving the site, other businesses and housing developers will be drawn to the
area. If rezoned, the property will allow for 50 multi-family dwelling units. The
applicant has stated that they may develop 11 fourplexes but that is still preliminary.
Chairwoman Roach opened the public hearing.
Blake Kilbury, 2508 E. Lewis Street, spoke on behalf of his rezone application as a
member of Norman Family Cookies LLC. He briefly explained the need for higher
density.
Dwayne Dramer, 7200 Selah Heights, Selah, WA spoke on behalf of his rezone
application as a member of Norman Family Cookies LLC. He stated their intentions
with the property.
Commissioner Bykonen asked if the housing would be designed for rental property.
Mr. Kilbury said yes.
With no further questions or comments the public hearing was closed.
Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the
hearing on the proposed rezone and set April 19, 2018 as the date for deliberations
and the development of a recommendation for the City Council. The motion passed
unanimously.
Page 74 of 123
PLANNING COMMISSION MINUTES
4/19/2018
OLD BUSINESS:
A. Rezone Rezone from R-2 (Medium Density Residential)
to R-3 (Medium Density Residential) (Norman
Family Cookies LLC) (MF# Z 2018-001)
Chairwoman Roach read the master file number and asked for comments from staff.
There were no additional comments from staff on this item and no questions from
Commissioners.
Commissioner Bowers moved, seconded by Commissioner Greenaway, to adopt
findings of fact and conclusions therefrom as contained in the April 19, 2018 staff
report. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Greenaway, based on the
findings of fact and conclusions as adopted the Planning Commission recommend the
City Council rezone the two parcels at the southeast corner of E. Lewis Street and S.
Cedar Avenue from R-2 to R-3 as recommended by the Planning Commission. The
motion passed unanimously.
Page 75 of 123
AGENDA REPORT
FOR: City Council May 3, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/7/18
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Annexation: Greeno Annexation (MF# ANX 2018-001)
I. REFERENCE(S):
Proposed Resolution
Overview Map
Vicinity Map
Notice of Intent to Commence Annexation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, accepting a Notice of Intent to
commence annexation proceedings for the Greeno Annexation Area and providing a
determination on the boundary to be annexed and whether simultaneous zoning and the
assumption of bonded indebtedness will be required.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The owners of property located near the northwest corner of Burns Road and Road 68
have submitted a Notice of Intent to Commence Annexation.
The Notice of Intent has been reviewed by staff and has been determined to contain
sufficient signatures to initiate the annexation process. Notices of Intent are required to
contain the signatures of property owners representing at least 10 percent of the
assessed value of an area proposed for annexation. In this case, t he Notice of Intent
contains the signatures of owners representing 35.7 percent of the assessed value
within the proposed annexation area.
Page 76 of 123
V. DISCUSSION:
As a part of the review of the Notice of Intent, the petition method of annexation
requires the Council to determine:
1. Whether the City will accept or require modification of the proposed
annexation area;
2. Whether the City will require simultaneous adoption of zoning; and,
3. Whether the City will require the property to assume all or a portion of existing
City indebtedness.
The proposed resolution has been prepared following past practices of accepting the
proposed annexation area without requiring simultaneous zoning or the assumption of
bonded indebtedness (Resolution 3403).
Zoning will be established following property owner notification and a public hearing
held (by the Planning Commission) separately from a Council hearing on the future
annexation.
The proposed annexation area is within the Pasco Urban Growth Boundary and as such
it has been the City's responsibility to plan for future development on the property. As
a result, the annexation area has been included in the Comprehensive Plan and the
Comprehensive Water and Sewer Plan service areas.
Development of infrastructure on the property will be the responsibility of the
developers, while the associated need for public services, such as police and fire, will
be the responsibility of the City. Annexation of the properties will result in future
development that meets City standards.
Page 77 of 123
RESOLUTION NO. 3836
A RESOLUTION ACCEPTING A NOTICE OF INTENT TO
COMMENCE ANNEXATION PROCEEDINGS FOR THE GREENO
ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY
TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE
ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, the owners of property in a portion of the south half of the south half of the
southwest quarter of Section 4, Township 9 North, Range 29 East, WM; have filed a Notice of
Intent to annex to the City of Pasco; and
WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and
has determined the annexation site is within the Pasco Urban Growth Area, annexation of the site
would be a natural extension of the City and said annexation would the in best interest of the
Pasco community; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS
FOLLOWS:
A) That the City will accept the proposed territory to be annexed as described in
Exhibit “1” and depicted in Exhibit "2”attached hereto.
B) That the territory to be annexed will not require simultaneous adoption of zoning
regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
C) That the annexation area will not be required to assume any portion of existing
City bonded indebtedness.
PASSED by the City Council of the City of Pasco this 7th day of May, 2018.
____________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 78 of 123
EXHIBIT “1”
Annexation Legal
Beginning at a point on the west right-of-way line of Road 68, said point being the
southeast corner of Lot 3, Short Plat 98-5; Thence northerly along the west right-
of-way line of Road 68 to the intersection with the north line of the south half of
the south half of the southwest quarter of Section 4, Township 9 North, Range 29
East, WM; Thence westerly long the north line of the south half of the south half
of the southwest quarter of Section 4, Township 9 North, Range 29 East, WM; to
the west line of the southwest quarter of said Section 4; Thence southerly along
the west line of the southwest quarter of said Section 4 to the intersection with
the north right-of-way line of Burns Road; Thence easterly along the north right-
of-way line of Burns Road to the point of beginning. Containing 39.885 acres,
more or less.
Page 79 of 123
Exhibit#2 Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ±
ANNEXATION AREA
0 300 600 900 1,200150Feet
CITY LIMITS
Road 84Burns Rd
Road 68Kau Trail
Snoqualmie Dr
Skagit DrCheh
alis LnStutz Dr
Lasalle Dr
Page 80 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
OverviewMap Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ±
ANNEXATIONAREA
0 925 1,850 2,775 3,700462.5 Feet
CITY LIMITS
Page 81 of 123
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
VicinityMap Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ±
ANNEXATION AREA
0 300 600 900 1,200150Feet
CITY LIMITS
Road 84Burns Rd
Road 68Kau Trail
Snoqualmie Dr
Skagit DrCheh
alis LnStutz Dr
Lasalle Dr
Page 82 of 123
NOTICE OF‘INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO:The City Council of the City of Pasco
525 North Third Avenue
Pasco,Washington 99301
Council Members:
The undersigned,who are the owners of not less than ten percent in
value,according to the assessed valuation for general taxation of the
property for which annexation is sought,hereby advise the City Council
of the City of Pasco that it is the desire of the undersigned owners of the
following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "1"attached
hereto and is depicted on Exhibit "2“further attached hereto.
It is requested that the City Council of the City of Pasco set a date not
later than sixty days after the filing of this request for a meeting with the
undersigned to determine:
(1)Whether the City Council will accept the proposed annexation;
and,
(2)Whether the City Council will require the assumption of existing
City indebtedness by the area to be annexed;and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material
and is intended by the signers of this Notice of Intention to be presented
and considered as one Notice of Intention and may be ?led with other
pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
Page 83 of 123
1.Please print your name in addition to signing.
NAME
V
ADDRESS DATE
Page 84 of 123
EXHIBIT “1”
Annexation Legal
Beginning at a point on the west right-of-way line of Road 68,said point being the
southeast corner of Lots 1 and 3 Short Plat 98-5;Thence northerly along the west
right-of-way line of Road 68 to the intersection with the north line of the south
half of the south half of the southwest quarter of Section 4,Township 9 North,
Range 29 East,WM;Thence westerly long the north line of the south half of the
south half of the southwest quarter of Section 4,Township 9 North,Range 29
East,WM;to the west line of the southwest quarter of said Section 4;Thence
southerly along the west line of the southwest quarter of said Section 4 to the
intersection with the north right-of-way line of Burns Road;Thence easterly along
the north right-of-way line of Burns Road to the point of beginning.Containing
39.885 acres,more or less.
Page 85 of 123
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Page 86 of 123
AGENDA REPORT
FOR: City Council April 11, 2018
TO: Dave Zabell, City Manager
Steve Worley, Public Works Director
Regular Meeting: 5/7/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Professional Services Agreement with KPG, Inc. for the 16014 Peanuts Park
Renovation Project
I. REFERENCE(S):
Vicinity Map
Professional Services Agreement Summary
Preliminary Design Concept of Completed Park
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Professional Services Agreement for the design
services of the Peanuts Park Renovation Project, and further, authorize the City
Manager to execute the agreement.
III. FISCAL IMPACT:
Community Development Block Grant: $669,724
IV. HISTORY AND FACTS BRIEF:
Peanuts Park is centrally located in downtown Pasco and is a focal point of the area.
The restoration of this urban park is a key element to the revitalization and
redevelopment of downtown Pasco. The park as we know it today will be demolished
and a new park plan will be put in place for the area. The final project will include the
installation of features such as shade structures, new trees, furniture, green space,
restrooms, and a renovated farmers market pavilion.
Last year, KPG, Inc. completed a Master Plan for Peanuts Park that outlines the
described renovations.
V. DISCUSSION:
Page 87 of 123
A Request for Qualifications (RFQ) was distributed to solicit prospective design
consultants. A Consultant Selection Committee comprised of City staff reviewed and
scored the submittals ultimately selecting KPG, Inc. as the most qualified.
KPG, Inc. will provide design services and minor construction support for the project.
The fee for the work is not to exceed the sum of $669,724 and the final design of the
project will be submitted by Fall of 2018.
Staff recommends approval of the Professional Services Agreement with KPG, Inc.
This item was discussed at the April 2, 2018 Council workshop meeting.
Page 88 of 123
PEANUTS PARK VICINITY MAPPage 89 of 123
Professional Services Agreement
(Summary Sheet)
Project: Professional Services Agreement for the Peanuts Park Project
Consultant: KPG, Inc.
Address: 3131 Elliot Ave. Ste 400, Seattle, WA 98121
Scope of Services: Creation of a design for the Peanuts Park Restoration Project based off the
Master plan. The design should revitalize the downtown Pasco area by creating a more inviting
space in Peanuts Park with increased lighting, pedestrian accessibility and space, and renewed
energy to the architecture.
Term: Completion Date: June 30, 2019
Payments to Consultant:
Amount Not to Exceed: $669,724
Insurance to be Provided:
1. Commercial General Liability:
☐ $1,000,000 each occurrence;
☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
☒ $1,000,000 per claim;
☒ $1,000,000 policy aggregate limit; or
☐ $________ per claim; and $________ per policy aggregate limit
Other Information:
Signature by:
☐ Mayor ☒ City Manager
Page 90 of 123
Page 91 of 123
AGENDA REPORT
FOR: City Council May 3, 2018
TO: Dave Zabell, City Manager Regular Meeting: 5/7/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Agreement to Sell City Property - Argent and 20th
I. REFERENCE(S):
Purchase and Sale Agreement, dated April 7, 2017
Amendment No. 1 to the Purchase and Sale Agreement, dated October 31, 2017
Proposed Amendment No. 2
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Amendment No. 2 to the Purchase and Sale Agreement
for property in the vicinity of Argent Road and 20th Avenue and, further, to authorize
the City Manager to execute the amendment.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In April 2017, the City entered into a Purchase and Sale Agreement (PSA) to sell
approximately 4.9 acres of property on 20th Avenue, just south of Argent Road. The
property is east and across the street from CBC, and just west of the new CBC student
housing project and the Pasco Golf Course.
A-1 Hospitality, the purchaser, intends to construct retail shops and commercial offices
on the south half of the property and either a hotel or continued retail development on
the north half of the property (see Exhibit B of the Agreement).
A-1 has recently entered into an agreement with the Port of Pasco to develop a Marriott
Courtyard hotel at the northwest corner of the Argent Road - 20th Avenue intersection.
Construction is expected to begin this year. A-1 believes that construction of the hotel
will help it attract strong commercial tenants for its development of the property to be
purchased from the City.
Page 92 of 123
A-1, represented by Vijay Patel and Taran Patel, has requested to amend the PSA with
the City to better align with its hotel project and marketing for the retail/commercial
development. On the attached, proposed Amendment No. 2, Council will note an
amendment extending the closing date for Parcel 1 (south half) from May 1, 2018 to
May 15, 2018. Council will note the other proposed amendment which ties the dates
for plan submittal and commencement of construction of facilities on Parcel 1 to the
progress of the hotel on the Port’s airport property.
V. DISCUSSION:
Staff believes the amendment to be prudent, reasonable and in the economic best
interests of the City and, therefore, recommends approval by Council.
Page 93 of 123
PURCHASEAND SALEAGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreernent")is entered into on
this 1 day of 14/4:<.,2017,between the City of Pasco,a Washington Municipal Corporation
(hereinafter “'City“)and A-1 Properties LLC.(hereinafter “Purchaser")for establishing the terms
and conditions for the sale of real property (hereinafter “Propeity”)legally described as set forth
below:
A portion of that certain real property designated as Parcel ID Number
ll3300258,approximately 4.9 acres in size,as shown on Exhibit A,which is
attached hereto and incorporated by this reference.The Parties agree that once a
survey is completed and the property is segregated as set forth below in Section 4
that the parties shall execute an amendment to this Agreement to include the ?nal
legal descriptions.
RECITALS
WHEREAS,City is the owner of real property located in Franklin County,Washington,which
real property is described more particularly in Section 4 below;and
WHEREAS,City wishes to sell such real property and Purchaser wishes to purchase such
property under certain terms and conditions as set forth below;NOW,THEREFORE,
In consideration of the mutual covenants contained herein,the parties agree as follows:
l.Purchase and Sale.City agrees to sell.and Purchaser agrees to purchase:
(a)The property as generally described above and or particularly determined as
provided in Section 4 below.
(b)All development rights relating to the real property;(i)all rights to obtain utility
service in connection with the real property;(ii)assignable licenses and other
governmental permits and permissions relating to the real property and the
operation thereof.
(c)The land,improvements,and appurtenances which constitute real property are
hereafter collectively defined as the “Real Property."All of the Property included
by reference within the foregoing paragraphs 1(a)through l(c),both real and
personal,is hereinafter collectively referred to as the “Property?”
(d)Conditions of sale:
(1)The property.Parcel 1 shall be developed as retail and commercial leased
space to include:dining and convenience food service,service oriented
businesses such as cleaners,salons and barber shops,etc.;Parcel 2 shall be
Purchase and Sale Agreement~A-I Properties LLC -Page 1
Page 94 of 123
developed as a hotel or with a continuation of the retail and commercial
development as in Parcel l.
(2)The propetty shall be developed substantially in accordance with the
development plan as designated in Exhibit B,which is attached hereto and
incorporated by this reference.However.the parties acknowledge that
Purchaser shall be entitled to make reasonable modi?cations to the
development plan as reasonably needed but subject to the City‘s written
approval,which shall not be unreasonably denied.
(3)This Agreement is conditioned upon ?nal approval of the City Council of
the City of Pasco prior to closing as required by PMC 2.46.
Purchase Price/Financing.The purchase price for the Propeity shall be $5.00 per square
foot.The City represents that the Property totals approximately 4.9 acres.The purchase
price will be based upon the square footage defined in such survey.The purchase price is
payable in cash to the City at closing subject to the Phased Options as provided in Section
5 below.
Method of Pament.Within ten (10)business days of the effective date of this
Agreement,Purchaser will deposit with Benton—Franklin Title Company (escrow agent),
an earnest money deposit in the sum of Twenty-Five Thousand and 00/l00ths Dollars
($25,000.00),which shall be held in an interest bearing trust account.This deposit shall
be applied to the purchase price.
(a)Purchaser agrees that the earnest money deposit shall be paid to City if the sale
does not close after Purchaser has removed all contingencies in writing.
(b)Upon closing,Purchaser shall electronically transfer proceeds of Purchaser’s
financing for the balance of the purchase price or issue a cashier’s check in the
amount of the purchase price to the escrow agent.
Surve .
(a)The City shall,at the City's sole expense,within twenty (20)days following the
effective date of this Agreement,provide a current survey showing both Parcel l
and Parcel 2 divisions of the Property and shall:
(1)Provide a tnetes and bounds legal description of each parcel of the
Property.
(2)Calculate the exact square footage of the parcels upon which the purchase
price as provided in Section 2 above shall be calculated.
(3)Identify the common roadway location.
Purchase and Sale Agreement—A-l Properties LLC -Page 2
Page 95 of 123
(b)
(d)
Purchaser shall have ?fteen (15)days from the date ofdeliveiy of the survey to
revoke,by written notice,this Agreement at which time this Agreement shall be
null and void and the Purchaser shall be entitled to the return of their earnest
money deposit.If the Purchaser fails to object,or waive its notice to object,the
survey shall be the acknowledged basis upon which the purchase price shall be
calculated as provided in Section 2 above.
The City shall,at City's expense,within thirty (30)days following the
Purchaser’s waiver,or expiration of its objection,secure a lot segregation for
creating Parcel 1 and Parcel 2,and a sub-lot segregation which shall be effective
upon closing.
Purchaser shall be entitled to use such segregation survey to complete an ALTA
survey for the purpose of getting extended title insurance at its own expense.
Phased Option.
(a)
(b)
(C)
City‘s Initials
Purchaser,by its initial below,elects a phased purchase of the Property.Upon
such election,Purchaser shall purchase Parcel l.The legal description including
the square footage shall be utilized for the calculation of the purchase price at
$5.00 per square foot,which purchase shall be closed as provided in Section II
and Section 12 below.
Following closing on Parcel 1,Purchaser shall have an option to purchase Parcel
2 on or before January 1,2022.If Purchaser exercises the option to purchase
Parcel 2 on or before January l,2020,the purchase price shall be the same as
stated in paragraph 5(a),above.In the event purchaser does not exercise the
option to purchase Parcel 2 until after January 1.2020,the purchase price shall be
increased by an amount equal to the increase in the Consumer Price Index (CPI-
U)between the date of closing as provided in Section ll below,and the date of
closing purchase of Parcel 2.After January 1,2020,should another buyer make a
bona tide written offer,which is in excess of the purchase price as set herein,on
Parcel 2 prior to Purchaser exercising the above option,Purchaser shall have the
first right of refusal to initiate an immediate [within thirty (30)days]purchase of
Parcel 2 at the offered price of the bona fide offer.In the event that purchaser fails
to exercise its right of refusal,all further remaining provisions related to Parcel 2
shall be terminated.
As a condition for exercising the purchase option,the Purchaser shall faithfully
perform all terms and conditions of this Agreement including those documents
incorporated by reference.
Purchaser’s Initials
By the initials above,the parties agree to a phased purchase option as described above.
Purchase and Sale Agreement—A»1 Properties LLC -Page 3
Page 96 of 123
?tje.Title to the Property is to be so insurable at closing under terms of the title policy
required to be delivered by City under terms of Section 7 hereof.All title insurance
charges for the policy referenced in Section 7 below in the amount of the purchase price
shall be equally divided between the parties,except for the cost of any special
endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser.
Preliminary Commitment.Within ?fteen (15)days from the last party's execution of this
agreement,City shall furnish Purchaser with a preliminary report/commitment from
Benton-Franklin Title for an ALTA owner‘s policy of title insurance with respect to the
Real Property,together with a copy of each document forming the basis for each
exception referenced therein.Purchaser shall advise City of any title objections within
forty-five (45)days of its receipt of the report/commitment or within 30 days of the
completion of the ALTA survey,whichever is later,to remove all exceptions or
conditions in the title commitment.If within twelve (12)days after its notice to City,
Purchaser have not received evidence satisfactory to it that such unsatisfactory items can
and will be removed at or prior to closing at City"s sole cost and expense,then Purchaser
may elect to (a)terminate this Agreement and receive a full refund of the deposit,(b)
waive such defects,or (c)continue this Agreement in effect pending their removal.
Removal of unsatisfactory items or their waiver shall be a condition of closing.If
Purchaser does not make an election within forty (40)days of completion and acceptance
of the survey as outlined in Section 4 b above,Purchaser shall be deemed to have waived
the defects.
Due Diligence;Inspection Period.
(a)Within ?fteen (15)days following the effective date of this Agreement,City shall
provide Purchaser with the title commitment described in Section 7 above,
together with all relevant documents relating to the Property,including but not
limited to copies of all easement,lot segregation and all other covenants and
restrictions with respect to all or portions of the Property;and all existing surveys
and other reports and studies relating to the Property or its use or development in
the possession of City.
(b)Purchaser shall have one hundred—frfty(150)days from the completion and
acceptance of the survey as outlined in Section 4 b above (the “Inspection
Period")within which to conduct an examination of the Property,including
examinations of title,engineering tests,soils tests,water percolation tests,ground
water tests,environmental examinations,market studies,appraisals,and any other
tests or inspections which Purchaser shall have deemed necessary or desirable for
the purpose of determining whether the Property is suitable for his intended uses.
On or before the expiration of the Inspection Period,the Purchaser shall notify
City in writing,with a copy to Escrow Agent,whether Purchaser intends to
purchase the Property or tenninate this Agreement.If Purchaser elects to purchase
the Property,then the Inspection Period shall terminate and Purchaser"s obligation
to purchase and City‘s obligation to sell the Property shall remain,subject to the
other terms and conditions of this Agreement.If Purchaser elects not to purchase
Purchase and Sale Agrecment—A~l Propenies LLC -Page 4
Page 97 of 123
(c)
(d)
(0
the Property,then this Agreement shall be void and of no further force and effect,
and the deposit shall be retumed to Purchaser.In the event Purchaser fails to
notify City in writing of its election to purchase the Property or tenninate this
Agreement prior to the expiration of the Inspection Period,then Purchaser shall
be deemed to have elected to terminate this Agreement.
Purchaser shall have the option to extend the Inspection Period by up to two (2)
additional terms of forty—?ve (45)days upon the payment of a non—refundable
deposit of five thousand ($5,000)dollars for each such extension.Such deposits
shall be applied to the purchase price.
Purchaser agrees to repair any damage to the Property resulting from any
activities of Purchaser or his agents or consultants on the Property before closing.
Purchaser agrees to defend,indemnify and hold the City harmless from any and
all damages,expenses,claims,or liabilities (including but not limited to
attomey’s fees and costs)arising out of any activities of Purchaser or his agents or
consultants on or about the Property before closing,except to the extent that the
same results from the City‘s negligence.Purchaser shall not be liable for any
inspection claim resulting from Purchaser’s discovery of any prc—existing
condition (including,but not limited to,the existence of any hazardous materials)
in,on,under or about the Property or any exacerbation of a pre-existing condition
in,on,under or about the Property,except to the extent that the exacerbation
results from the negligent act or omission of Purchaser or his agents or
consultants.
Purchaser’s option to purchase Property is conditioned upon Purchaser
constructing and operating a retail/commercial area or hotel,pursuant to the
conditions of sale per Section l(d)and Purchaser’s obligation herein shall be
included as a covenant that runs with the land as a deed restriction on the property
as provided in Exhibit C.
City has entered into a Purchase and Sale Agreement with CBC Student Housing,
LLC,for the sale of approximately the east one-half of City’s original,
approximate I0 acre parcel (ID.Number:113300255)for the purpose of
development of student housing solely for students of Columbia Basin College.
The Agreement includes a development plan (Exhibit C of the said Agreement,
which is attached hereto as Exhibit D)which sets forth the several onsite and
offsite improvements,together with the responsibility for installation,which are
to be installed as development occurs.
Pro-rations.Real Property taxes,assessments,water and other utilities,and all other
expenses for the month of closing,shall be prorated as of closing.All expenses.fees and
sums owing or incurred for the Property for periods prior to closing shall be paid by City,
when and as due.
Purchase and Sale Agrecment—A-I Properties LLC -Page 5
Page 98 of 123
104
1].
l2.
13.
144
Possession.Purchaser shall be entitled to sole possession of the Property at closing,
subject only to the rights,if any,of tenants in possession under‘the leases.
Closing.Closing,for at least Parcel 1,shall occur within one hundred and twenty (120)
days of the conclusion of Purchasers Inspection Period as provided in Section 8 above,
but in no event later than May 1,2018.
(a)At closing City will deposit in escrow a duly executed statutory wananty deed
covering the Property;a F IRPTA affidavit;and all other documents and monies
required of it to close this transaction in accordance with the terms hereof.All
such documents shall be in form satisfactory to Purchasers counsel.
(b)At closing Purchaser will deposit in escrow the monies required of it to close the
transaction in accordance with the terms hereof.
Closing Costs.All recording fees on the deed and the escrow fee shall be equally divided
between the parties.The City shall pay all excise,transfer.sales and other taxes,if any,
incurred in connection with the sale and the title insurance premium to obtain a
Washington Land Title Association standard form Purchaser’s or Owner’s Policy of Title
Insurance.Purchaser shall pay the additional cost of any extended title insurance and any
special endorsements it requests.The City shall bear all costs associated with the lot
segregation.Each party shall bear its own attorneys’fees,except as otherwise expressly
provided herein.
Forfeiture of Earnest Money Deposit -LicmidatedDamages.As an inducement to
develop the Property in a manner that brings economic development to the City.the
parties agree to the following liquidated damages in the event that Purchaser fails,
without legal excuse after the inspection period,to complete the purchase of the Property
or ful?ll the tems and obligations set forth in Section 3.The earnest money/deposit shall
be forfeited to the City as the sole and exclusive remedy available to the City for such
failure to purchase.ln the event City defaults hereunder,Purchaser may pursue all
remedies at law or equity,including the right to specific performance,an action for
damages,or termination and retum of its earnest money.
City’s Initials ?g Purchaser's Initials
ReversionarvClause and Option to Repurchase/Reclaim.
(a)This Property is being sold to Purchaser in anticipation of the development of
retail/commercial leased space and/or a hotel.
(17)The Purchaser acknowledges that the purchase price and consideration given by
City are related to the City’s goals of economic development and lost
opportunities for development would arise if Purchaser fails to begin construction
of the anticipated development.
Purchase and Sale Agreernent—A-l Propenies LLC -Page 6
Page 99 of 123
15.
16.
17.
18.
(c)Unless the failure to commence construction is related to the items identi?ed in
Section l9(f),below,if the Purchaser fails to submit an application to City for
approval of a site plan and building plans consistent with subsection (a)above,
within six (6)months of Closing,the City reserves the right to reclaim title to this
Property.If the Purchaser does not initiate construction within twelve (12)months
of Closing,City reserves the right to reclaim title to this Property.The City shall
reclaim this Property by refunding 90%of the original Purchase Price as
detennined in Section 3 above.In such event,the City shall issue such refund
first to any mortgagor or lien holder on the property to first satisfy any mortgage
or lien,prior to issuing any refund to Purchaser.In the event Purchaser elects the
phased option provided in Section 5 above,this right of reverter shall apply to
each of the parcels purchased independently.The City will not assume any
liability for expenses incurred by Purchaser in conducting this transaction.
Purchaser agrees to re-convey title to the City within sixty (60)days of receipt of
notification of City’s decision to seek reconveyance of Property.This right of
revertcr is exclusive to the City and shall be exercised at the sole discretion of the
City.
(d)This possibility of reverter survives forty-eight (48)months after closing or until
such time as building commences,whichever is earlier.The City shall be under
no obligation to exercise this possibility of reverter.This reversionary clause
shall survive the delivery of the Deed,but shall automatically lapse upon
expiration of the time periods herein and City shall execute such further
documents as Purchaser shall request to release same.
(e)The same possibility of reverter provisions in this section shall also apply to any
to any purchase of Parcel 2 by Purchaser.
Covenant Not to Compete.The Seller,City of Pasco,wan'ants as a part of
consideration for this transaction and as inducement for the Purchaser to purchase the
property,that it shall not,for a period of eight (8)years from the date of Purchaser
receiving an occupancy pemiit,sell real property owned by the Seller within live (5)
miles of the property to be developed or used for hotel/motel purposes without the prior
written consent of the Purchaser.
Counterparts.This Agreement may be signed in counterparts which,taken together,shall
constitute the complete Agreement.
Actions During Term.During the term hereof,City shall not enter into any lease or other
agreement affecting the Property or its operation,or modify,extend or otherwise change
the terms of any lease or other agreement affecting the Property or its operation or
otherwise permit any change in the status of title to the Property without Purchaser’s
prior written consent.
Assignment.Purchaser may not assign Purchaser’s interest in this Agreement without
City‘s prior written consent,which shall not be unreasonably denied.
Purchase and Sale Agreement—A-l Properties LLC -Page 7
Page 100 of 123
19,City's Wananties‘lndernnity.City makes the following representations and warranties,
which shall be deemed remade as of the closing date:
(a)
(b)
(d)
(6)
(0
(2)
(h)
The Property and improvements are not in violation of any applicable covenant,
condition or restriction or any applicable statute,ordinance,regulation,order,
pennit,rule or law,including,without limitation,any building,private restriction,
zoning or environmental restriction.
Other than the obligations of record,there are no obligations in connection with
the Property,which will be binding upon Purchaser after closing other than
liability for the payment of real estate taxes and utility charges.
There are no claims,actions,suits or governmental investigations or proceedings
existing or,to the best of City‘s knowledge,threatened against or involving City
or the Property (including,without limitation,any condemnation or eminent
domain proceeding or matter related to the formation of or assessment by a local
improvement district)and City has received no written notice thereof.
All insurance policies now maintained on the Property will be kept in effect,up to
and including the closing.City has received no notice from any insurance
company or rating organization of any defects in the condition of the Property or
of the existence of conditions which would prevent the continuation of existing
coverage or would increase the present rate of premium.
There are no leases affecting the Property.
The Property is currently zoned C-l (Commercial)which will accommodate the
intended use of the property as specified in Section l(d).The City speci?cally
reserves the right to condition approval of development on building layout,
exterior treatments (aesthetics and open space),parking lot design/capacity,
building height,and such other conditions as may be required to insure the
compatibility of the intended use with its surrounding existing uses.
There are no commissions due to any real estate broker or agent that arise from
this Agreement.
All such representations and warranties shall be reaf?mred by City as true and
correct as of the Closing Date and shall survive the Closing for a period of two (2)
years.
If,prior to closing,City becomes aware of any fact or circumstance which would change
a representation or warranty,then City will immediately give notice of such changed fact
or circumstance to Purchaser,but such notice shall not relieve the City of its obligations
hereunder.
Purchase and Sale Agreement-A-l Properties LLC -Page 8
Page 101 of 123
20.Environmental Indemnification.
(a)
(b)
(0)
City will defend,indemnify,and hold Purchaser and his partners,agents and
employees and assignee (collectively,the “Indemnified Parties”)harmless from
and against any and all claims,obligations,damages.causes of action,costs and
expenses.losses,lines,penalties,and liabilities,including,without limitation,
attorneys‘fees and costs,imposed upon or incurred by or asserted against an
Indemnified Party arising out of or in connection with the occurrence of any of
the following:(i)prior to closing:(A)any Environmental Matter affecting or
relating to the Property arising out of City‘s use and ownership of the Property;or
(B)any violation of any Environmental Law by City with respect to the Property;
and (ii)subsequent to closing:(C)the manufacture,storage,sale,use,disposal,
release,or discharge of Hazardous Substance in,on or under the Property by City;
or (D)any violation of any Environmental Law by City with respect to the
Property.City shall also be responsible for all costs,expenses,fines,and penalties
arising out of or in connection with the investigation,removal,remediation,clean-
up,and restoration work resulting from the matters described in the preceding
sentence.City represents that to the best of its knowledge,after reasonable
inquiry,it is not aware of any violation of any Environmental Laws relating to the
Property,any Hazardous Materials located on the Property or airy Environmental
Matter relating to the Property,City"s obligations and representations under this
Section 20 shall survive closing.
“Environmental Laws”shall mean any federal,state or local laws,ordinance,
permits or regulations.or any common law,regarding health,safety,radioactive
materials or the environment,including but not limited to,the following federal
statutes:Clean Air Act (42 U.S.C.7401 et seg.)(“CAA”),Clean Water Act
(33 USC.§§1251 et seg.)(“CWA”),Resource Conservation and Recovery Act
(42 U.S.C.§§6091 gtg.)(“RCRA”),Comprehensive Environmental Response
Compensation and Liability Act (42 U,S.C.§§9601 eetiq.)(“CERCLA“),
Emergency Planning and Community Right-To-Know Act (41 U.S.C.§§I 1001 e_t
gr)(“EPCRA"),Safe Drinking Water Act (42 U.S.C.§§300f et seg.)
(“SDWA"),Hazardous Material Transportation Act of 1975 (49 U.S.C.§§1801
et seg.)(“HMT "),Toxic Substances Control Act (15 USC,§§2601 et seq.)
("TSCA"),Endangered Species Act of 1973 (16 U.S.C.§§1531 ggsg.)(“ESA"),
Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C,§§136 et seq.)
(“Fl.FRA"),the Occupational Safety and Health Act (29 U.S.C.§§651 et seg.)
(“OSHA”),the Washington Model Toxics Control Act (RCW Chapter 70.150D)
(“MTCA”),or the Hazardous Waste Management Act (RCW Chapter 70.105)
(“I-IWMA”),each as amended,and any regulations promulgated thereunder,
guidance and directives issued with respect thereto,or policies adopted by the
applicable authorities thereunder.
“Hazardous Substances”shall mean:(i)any radioactive materials;(ii)any
substance or material the transportation,storage,treatment,handling,use,
removal or release of which is subject to any Environmental Law;or (iii)any
Purchase and Sale Agrcernent—A-1 Properties LLC -Page 9
Page 102 of 123
21,
22.
(d)
substance or material for which standards of conduct are imposed under any
Environmental Law.Without limiting the generality of the foregoing,"Hazardous
Substances"shall include:asbestos and asbestos—containingmaterials (whether or
not friable);urea-fonnaldehyde in any of its forms;polychlorinated biphenyls;oil,
used oil;petroleum products and their by—products;lead-based paint;radon;and
any substances de?ned as "hazardous waste,"“hazardous substances,"“pollutants
or contaminants,”“toxic substances.”“hazardous chemicals,““hazardous
pollutants,”or “toxic chemicals "under the CAA,CWA,RCRA,CERCLA,
EPCRA,SDWA,HMTA,TSCA,OSHA,MTCA or HWMA.
“Environmental Matter"shall mean any of the following:(i)the release of any
Hazardous Substance on or at the Property or any other property;(ii)the
migration of any Hazardous Substance onto or from the Property;(iii)the
enviromnental,health or safety aspects of transportation,storage,treatment,
handling,use or release,whether any of the foregoing occurs on or off the
Property,of Hazardous Substances in connection with the operations or past
operations of the Property;(iv)the violation,or alleged violation with respect to
the Property,of any Environmental Law,order,permit or license of or from any
governmental authority,agency or court relating to environmental,health or
safety matters;(v)the presence of any underground storage tanks within the
confines of the Property;(vi)the presence of wetlands within the confines of the
Property;(vii)the presence of any endangered species on,in or around the
Property;or (viii)soil,groundwater and surface conditions on,in or around the
Property which may have an adverse effect upon the use or value of the Property.
Costs and Expenses,Except as otherwise expressly provided herein,each party hereto
will bear its own costs and expenses in connection with the negotiation,preparation and
execution of this Agreement,and other documentation related hereto,and in the
perfonnance of its duties hereunder.
Notices.All notices provided for herein may be delivered in person,sent by commercial
overnight courier,telecopied or mailed by US.registered or certified mail,return receipt
requested,and,if mailed,shall be considered delivered three (3)business days after
deposit in such mail.The addresses to be used in connection with such correspondence
and notices are the following,or such other address as a party shall from time—to—time
direct:
City:
City of Pasco
P.O.Box 293
525 North 3rd
Pasco,WA 99301
Attn:Dave Zabcll,City Manager
(509)545-3404
Purchase and Sale Agreementv/\~l Propenies LLC -Page 10
Page 103 of 123
23.
Purchaser:
A-1 Properties LLC
21505 Cottonwood Drive
Kennewick,WA 99338
Attn:Vijay Patel,President
(541)310-1749
Miscellaneous.
(6)
(b)
(C)
(d)
(6)
(0
(g)
(h)
Further Documentation.Each of the parties agrees to execute,acknowledge,and
deliver upon request by the other party any document which the requesting party
reasonably deems necessaiy or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof,
so long as such imposes no different or greater burden upon such party than is
otherwise imposed hereunder.
Headings.The headings in this Agreement are for convenience only and do not in
any way limit or affect the terms and provisions hereof.
Calculation of Time Periods.Unless otherwise specified,in computing any
period of time described in this Agreement,the day of the act or event after which
the designated period of time begins to run is not to be included and the last day
of the period so computed is to be included,unless such last day is a Saturday,
Sunday or legal holiday.The final day of any such period shall be deemed to end
at 5 p.m.,Paci?c Time.
Time of Essence.Time is of the essence of this Agreement.
Gender.Wherever appropriate in this Agreement,the singular shall be deemed to
refer to the plural and the plural to the singular,and pronouns of certain genders
shall be deemed to include either or both of the other genders.
Exhibits.The Exhibits referred to herein and attached to this Agreement are
incorporated herein as if set forth in full.
Unenforceability.If any provision of this Agreement is held to be invalid,illegal
or unenforceable in any respect,such invalidity,illegality or unenforceability
shall not affect the remainder of such provision or any other provisions hereof.
Amendment.Modi?cations.This Agreement may not be altered,amended,
changed,waived,terminated or modi?ed in any respect or particular unless the
same shall be in writing and signed by or on behalf of the party to be charged
therewith.
Purchase and Sale Agreement—A-l Properties l.LC -Page l 1
Page 104 of 123
25.
26.
27.
28.
29.
Attorneys‘Fees.If any lawsuit or arbitration arises in connection with this Agreement,
the substantially prevailing patty therein shall be entitled to receive from the losing party,
the substantially prevailing party’s costs and expenses,including reasonable attomeys’
fees incurred in connection therewith,in preparation therefore and on appeal therefrom,
which amounts shall be included in any judgment entered therein.
Waiver.A party may,at any time or times,at its election,waive any of the conditions to
its obligations hereunder,but any such waiver shall be effective only if contained in
writing signed by such party.No waiver shall reduce the rights and remedies of such
party by reason of any breach of any other party.No waiver by any party of any breach
hereunder shall be deemed a waiver of any other or subsequent breach.
Governing Law.This Agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
Facsimile Signatures.Each party (a)has agreed to permit the use,from time-to—timeand
where appropriate,of telecopied signatures in order to expedite the transaction
contemplated by this Agreement,(b)intends to be bound by its respective telecopied
signature,(c)is aware that the other will rely on the telecopied signature.and (d)
acknowledges such reliance and waives any defenses to the enforcement of the
documents effecting the transaction contemplated by this Agreement based on the fact
that a signature was sent by telecopy.
REMEDIES.IF PURCHASER FAILS,AFTER THE REMOVAL OF ITS
CONTINGENCIES,AND WITHOUT LEGAL EXCUSE,TO COMPLETE THE
PURCHASE OF THE PROPERTY,THE DEPOSIT SHALL BE FORFEITED TO CITY
AS LIQUIDATEDDAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO
CITY FOR SUCH FAILURE.IN THE EVENT OF CITY’S DEFAULT,PURCHASER
MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY,
INCLUDING SPECIFIC PERFORMANCE.
vu
Cityis Initials /Purchasers Initials
Entire Agreement.This Agreement and the exhibits hereto constitute the entire
agreement among the parties with respect to the subject matter hereof and supersede all
prior agreements,oral or written,express or implied.and all negotiations or discussions
of the parties,whether oral or written,and there are no warranties,representations or
agreements among the parties in connection with the subject matter hereof except as set
forth herein.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates noted
below.
Purchase and Sale Agreemcnl—A~l Properties LLC ~Page 12
Page 105 of 123
PURCHASER:A-1 Progerties LLC
By:Vijay Patel,President
CITY
Dave Za e ,City Manager
Attest:
Sandy Ken n y,Interim City c1§:k
Ap to fOlT?C,
"-j”"'—7u-—/
Leland Kerr,City Attorney
Purchase and Sale Agreemem—A—IProperties LLC -Page 13
Page 106 of 123
STATE OF WASHINGTON )
ss.
County of l/\)
On this day personally appeared before me Vijay Patel,to me known to be the individual
described in and who executed the within and foregoing instrument,and acknowledged that he
signed the same as his free and voluntary deed for the uses and purposes therein mentioned,
SUBSCRIBED and sworn to before me M336dayofE-
N
,2017.
l
/wwizxl
Notary Public in and for the\Stateof Washington,
Residing at Qa/in 220.(/1.(,J /1‘.
My Commission Expires:77 '.
STATE OF WASHINGTON)
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of
Pasco,Washington,to me known to be the individual described in and who executed the within
and foregoing instrument,and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this
L
TONIL.
Y PUBUCNOTARHNGTONSTATEOFWA5
c0MMlSS|0NEXP“:-3
MARCH3.2020
Purchase and Sale Agreemcnt—A-l Properties LLC -Page l4
Page 107 of 123
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Page 109 of 123
Exhibit “C”
FILED FOR RECORD AT REQUEST OF:
City of Pasco
525 North 5"‘
Pasco WA 99301
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THESE DECLARATIONS OF COVENANTS,CONDITIONS AND RESTRICTIONS are
entered into this day of ,2017,by and between the City of Pasco.Washington,a
Washington Municipal Corporation (hereina?er referred to as "Declarant")and A-1 Properties
LLC,(hereinafter refened to as “Purchaser”).
WHEREAS,the Declarant owns real property located in Pasco,Franklin County,Washington,as
more particularly described below;and
WHEREAS,Purchaser desires to purchase,and the Declarant desires to sell portions of that real
property speci?cally described below;and
VVHEREAS,the Declarant has a continuing interest in the development of that property as well as
the enhancement of the value of the property retained by the Declarant by the adoption of this
Declaration.In consideration of the mutual covenants contained herein:
1.Declaration.The City of Pasco,as Declarant,does hereby declare that the property
described below shall be held,sold,and conveyed subject to the following covenants,
conditions,and restrictions which shall run with the property and any parcel thereof,and
shall be binding on all parties having or acquiring any right,title or interest in such
property,or in part thereof,and shall inure to the bene?t of the City of Pasco.
2.Description of the Properties.
2.1 Burdened Property.The property subject to this Declaration is generally
designated as the west 4.9 acres of property designated as Parcel ID No.
113300258,more legally described in Exhibit A,which is attached hereto and
incorporated by this reference.
Declaration of Covenants,Conditions
And Restrictions -l
Page 110 of 123
2.2 Benetitted Property.The bene?tted property is that property:(a)retained by the
City of Pasco adjacent thereto,generally described as ,
more legally described in Exhibit B,which is attached hereto and incorporated by
this reference;and (b)the municipal golf course,right-otlways,and other
municipal properties owned by the City of Pasco.
3.Restriction on Use of Progerg.The burdened property as described below shall be
developed and used solely for the purposes of providing retail,commercial and hotel
development and associated improvements.
4.Reversionary Clause and Option to Repurchase.
4.1 The burdened property is being sold to Purchaser in anticipation of the
development of retail,commercial and hotel development and associated
improvements.
4.2 The Purchaser acknowledges that the purchase price and consideration given by
Declarant are related to the Declarant’s goals of economic development and lost
opportunities for development would arise if Purchaser fails to begin construction
of the anticipated development.
4.3 If the Purchaser fails to submit an application to Declarant for approval of a site
plan and building plans consistent with subsection 4.]above,within six (6)months
of Closing,the Declarant reserves the right to reclaim title to this Property.If the
Purchaser does not initiate construction within twelve (12)months of Closing,
Declarant reserves the right to reacquire title to the above-entitled Property.The
Declarant shall reacquire this Property by refunding 90%of the original Purchase
Price.In the event Purchaser elects the phased options provided in the Purchase
and Sale Agreement dated ,this right of reverter shall apply to each of
the parcels purchased independently.The Declarant will not assume any liability
for expenses incurred by Purchaser in conducting this transaction.Purchaser agrees
to re-convey title to the Declarant within sixty (60)days of receipt of noti?cation of
Declarant’s decision to seek reconveyance of Property.This right of reverter is
exclusive to the Declarant and shall be exercised at the sole discretion of the
Dcclarant.
4.4 This possibility of reverter survives forty«eight (48)months after closing or until
such time as building commences,whichever is earlier.The Dcclarant shall be
under no obligation to exercise this possibility of reverter.This reversionary clause
shall survive the delivery of the Deed,but shall automatically lapse upon expiration
of the time periods herein and Declarant shall execute such further documents as
Purchaser shall request necessary to release the same.
Declaration ofCovcnants,Conditions
And Restrictions ~2
Page 111 of 123
5.Common Private Roadway.
5.1 For the bene?t of both of the burdened property and the bene?tted property above
described,a common roadway,one—halfon the Declaranfs property and one—half
on the Purchaser’s property.shall be established between their respective
properties consisting of a 15-foot easement encumbering each property at a
location more particularly described in Exhibit C.
5.2 Grant of Easement.By separate document the parties have entered into a
Common Road Maintenance Agreement and Reciprocal Access Easement of this
even date,which shall run with the land and shall encumber and bene?t the
properties legally described herein and be binding upon the Purchaser.
6.Enforcement.
6.1 Each property owner shall comply strictly with the covenants,conditions and
restrictions set forth in this Declaration.In the event of a violation or breach of
any of the same,the Declarant or Purchaser,or their successors-in~interest,jointly
or severally,shall have the right to proceed at law or in equity for the recovery of
damages,or for injunctive or other equitable relief as may be available at law.If
the Declarant or Purchaser seeking enforcement under this section is a prevailing
party in any litigation involving this Declaration,then that party also has the right to
recover all costs and expenses incurred including reasonable attorney fees and
paralegal fees.In the event the Declarant seeks injunctive relief under this
provision,no bond shall be required.In the event a Court of competent
jurisdiction determines,notwithstanding this provision,that a bond is required,a
bond shall be allowed at the lowest amount permissible by law.
62 In addition the above rights,the Declarant shall have a right of abatement if
Purchaser fails to take reasonable steps to remedy any violation or breach within
thirty (30)days after written notice sent by certi?ed mail.A Right of Abatement,
as used in this Section,means the right of the Declarant,through its agents and
employees,to enter at all reasonable times upon any property subject to this
Declaration,as to which a violation,breach or other condition to be remedied
exists,and to take the actions speci?ed in the notice to the Purchaser to abate,
extingiish,remove or repair such violation,breach,or other condition which may
exist thereon contrary to the provisions of this Declaration,without being deemed
to have committed a trespass or wrongful act by reason of such entry and such
actions;provided such entry and such actions are canied out in accordance with the
provisions of this Section.The cost thereof including the costs of collection and
reasonable attorneys’fees shall be a binding personal obligation ofthe Purchaser,
enforceable at law,and shall be a lien on such Purchasefs parcel.
Declaration of Covenants,Conditions
And Restrictions -3
Page 112 of 123
6.3 Any such lien shall be recorded in the real property records of the Franklin County
Auditor.The Declarant may bring an action to recover a money judgment for
unpaid abatement costs as described above under this Declaration in lieu of
foreclosing a lien.The lien for the abatement costs,provided for in this
Declaration,shall be subordinate to the lien of any mortgage on such property
which was in good faith and for value and which was recorded prior to recordation
of the notice of lien.Sale or‘transfer of any lot shall not affect the validity ofthis
lien.
7.Gen eral Provisions.
7.1 The expiration or amendment shall become effective only upon recordation in the
real property records of the Franklin County Auditor's Office.
7.2 Notices and Other Documents.All notices and other communications under’this
Declaration shall be given to the parties hereto at the following addresses:
7.2.1 Ifto Declarant:
Mr.Dave Zabell,City Manager
CITY OF PASCO
PO Box 293
525 North 3"‘
Pasco WA 99301
7.22 If to Purchaser:
Mr.Vijay Patel,President
A-1 PROPERTIES LLC
21505 Cottonwood Drive
Kenrrewiek WA 99338
7.3 Severability.Each provision of this Declaration of Covenants,Conditions and
Restrictions shall be deemed independent and severable,and the invalidity of any
provision shall not affect the validity of enforceability of the remaining part of that
or any other provision.Except,should it ever be determined that the City of Pasco
is no longer a party benefitted by this Declaration,and is thus no longer capable of
seeking legal remedy to enforce the provisions of this Declaration,then,and unless
appeal or legislation is known to be pending on such determination,these
covenants,conditions and restrictions shall terminate.
Declaration ofCovcnar\ts,Conditions
And Restrictions -4
Page 113 of 123
7.4 Dispute Resolution.Except as provided in Section 6 above,in the event of a
dispute regarding the enforcement,breach,default,or interpretation of this
Declaration of Covenants,Conditions and Restrictions,the Parties shall first meet
in a good faith effort to resolve such dispute.In the event the dispute cannot be
resolved by agreement of the Parties,said dispute shall be resolved by arbitration
pursuant to RCW 7.04A,as amended,with all Parties waiving the right of a jury
trial upon de novo,with venue placed in Pasco,Franklin County,Washington.
8.Contingency.
8.1 These Declaration of Covenants,Conditions and Restrictions are contingent upon
the purchase by the Purchaser of the burdened property as described above,and,in
the event of Purchaser’s failure to close the purchase of the burdened property,the
Covenants,Conditions and Restrictions as provided above,shall be null and void.
IN WITNESS WHEREOF,the parties have executed this Declaration of Covenants,Conditions
and Restrictions on the day of ,2017.
DECLARANT:
City of Pasco,Washington
By:
Dave Zabell,City Manager
Approved as to the Terms and Form:
PURCHASER:
A-l Properties LLC
By:
Vijay Patel,President
Declaration of Covenants,Conditions
And Restrictions -S
Page 114 of 123
STATE OF WASHINGTON )
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of
Pasco,Washington,to me known to be the individual described in and who executed the within
and foregoing instrument,and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this day of ,2017.
Notary Public in and for the State of Washington,
Residing at
My Commission Expires:
STATE OF WASHINGTON )
)ss.
County of )
On this day personally appeared before me Vijay Patel,to me known to be the individual
described in and who executed the within and foregoing instrument,and acknowledged that he
signed the same as his free and voluntary deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this day of ,2017.
Notary Public in and for the State of Washington,
Residing at
My Commission Expires:
Declaration of Covenants,Conditions
And Restrictions-6
Page 115 of 123
Exhibit D
EXHIBIT C
DEVELOPMENTPLAN
As a condition of sale,and as additional consideration to the purchase price,the Parties shrill
negotiate a Development Plan which consists generally in confonnancc with the Site l’l;m
attached as Exhibit 1,and the following,onsite and offsite development,items I-13.in ht-
constructed solely at the cost of the Purchaser:
l.Construction ofn common entry,and private roadway and sidewalk.with easement.ll'till‘i20"‘Avenue easterly,along the southern boundary of the original parcel to the s(>ulli\\t,‘.\'l
comer of sub-parcel A and northerly,along the westerly line of sub-parcel A,to /\rt_:cnl
Road.
2.Un—signalized ?ill intersection at 20“Avenue with left turn (eastbound onto prmite
roadway)pocket,and pedestrinn sidewalk tic-in along 20”‘Avenue,south to Cl'OS.\\‘.'Ztll:
(see chnnnelizationplan,attached).
3.Installation ofutilities including a looped waterline (20"‘Avenue to Argent Ronrl);Hurt!)
water onsite disposal;and sewer line tie-in with the airport lift station.
4.Intersection improvements on Argent Road east of 20"‘Avenue (‘A intersection).
The following improvements,items 5 and 6,shall be subject to good faith negotizttions Illltl
mutual agreement by the Parties:
5.When warranted,City will install signalizcd intersection improvements at 20”‘A\Cllllc.:2:
the cost of the City or other property developers.
6.Grading of the property to be purchased,to achieve overall design and t‘unetionuli(_v
objectives.
The Parties recognize the necessity of ?exibility in the development of both the property In ht:
purchased by Purchaser and that retained by the City which will require continued COO])Cl’(tl)\'t‘
efforts to determine the most bene?cial division,con?guration,and appearance of the
improvements to be constructed upon the property.
City’s initials Purchaser's Initials/_1
Page 116 of 123
AMENDMENT NO.1 TO
PURCHASEAND SALEAGREEMENT
THIS AMENDMENT TO THAT CERTAIN PURCHASE Al‘{D ALE AGREEMENT
(hereinafter “Agreement”),dated April 7,2017 is entered into on thisi day of iailcy’,/2017,
between the City of Pasco,a Washington Municipal Corporation (hereinafter “City”)and A-1
Properties LLC,(hereinafter “Purchaser”)for amending and clarifying the terms and conditions
as set forth in said Agreement.
RECITALS
WHEREAS,delays in completing the survey referenced in Section 4 of the Agreement have
made it necessary to modify and clarify certain deadlines as described more particularly below;
and,
WHEREAS,the parties wish to memorialize their mutual understanding and agreement with
this Amendment which includes the modi?ed terms and conditions as set forth below;NOW,
THEREFORE,
In consideration of the mutual covenants contained herein,the parties agree to amend certain
sections of the Agreement as follows:
4.Survey.
(a)The City shall,at the City’s sole expense,
é%provide a current survey showing both Parcel
1 and Parcel 2 divisions of the Property and shall:
(1)Provide a metes and bounds legal description of each parcel of the
Property.
(2)Calculate the exact square footage of the parcels upon which the purchase
price as provided in Section 2 above shall be calculated.
'3(3)Identify the common roadway location.
Parties agree and acknowledge that City has delivered the survey as of
September 28 2017.Parties further agree that the calculation for the
square footage for Parcel 1 (Lot 1 as shown on survey/binding site plan)
shall be:2.45 gross acres=106,722 sq ft less 1,634.85 sq ft equaling a total
of 105 087 sq ft‘and that the calculation for the square footage for Parcel
2 (Lot 3 as shown on the survey/binding site plan)shall be:2.77 gross
acres=120 661 sq ft less 14,384 sq ft equaling a total of 106 277 sq ft.
(b)Purchaser shall have ?fteen (15)days from the date of delivery of the survey to
revoke,by written notice,this Agreement at which time this Agreement shall be
Amendment No.1 to Purchase and Sale Agreement~A-I Properties LLC -Page 1
10//1 7
Page 117 of 123
(C)
(d)
null and void and the Purchaser shall be entitled to the return of their earnest
money deposit.If the Purchaser fails to object,or waive its notice to object,the
survey shall be the acknowledged basis upon which the purchase price shall be
calculated as provided in Section 2 above.
The City shall,at City's expense,within thirty (30)days following the Purchaser’s
waiver,or expiration of its objection,secure a lot segregation for creating Parcel 1
and Parcel 2,and a sub—lotsegregation which shall be effective upon closing.
Purchaser shall be entitled to use such segregation survey to complete an ALTA
survey for the purpose of getting extended title insurance at its own expense.
Due Diligence,"Inspection Period.
(3)
(b)
(0)
Within fifteen (15)days following the effective date of this Agreement,City shall
provide Purchaser with the title commitment described in Section 7 above,
together with all relevant documents relating to the Property,including but not
limited to copies of all easement,lot segregation and all other covenants and
restrictions with respect to all or portions of the Property;and all existing surveys
and other reports and studies relating to the Property or its use or development in
the possession of City.
Purchaser shall have one hundred-fifty (l 50)days from the completion and
acceptance of the survey as outlined in Section 4 b above (the “Inspection
Period”)within which to conduct an examination of the Property,including
examinations of title,engineering tests,soils tests,water percolation tests,ground
water tests,environmental examinations,market studies,appraisals,and any other
tests or inspections which Purchaser shall have deemed necessary or desirable for
the purpose of determining whether the Property is suitable for his intended uses.
On or before the expiration of the Inspection Period,the Purchaser shall notify
City in writing,with a copy to Escrow Agent,whether Purchaser intends to
purchase the Property or terminate this Agreement.If Purchaser elects to purchase
the Property,then the Inspection Period shall terminate and Purchaser’s obligation
to purchase and City’s obligation to sell the Property shall remain,subject to the
other terms and conditions of this Agreement.If Purchaser elects not to purchase
the Property,then this Agreement shall be void and of no further force and effect,
and the deposit shall be returned to Purchaser.In the event Purchaser fails to
notify City in writing of its election to purchase the Property or terminate this
Agreement prior to the expiration of the Inspection Period,then Purchaser shall
be deemed to have elected to terminate this Agreement.
Purchaser shall have the option to extend the Inspection Period by Q up—te—twe
9-)additional terms of forty-five (45)days upon the payment of a non-refundable
deposit of ?ve thousand ($5,000)dollars for each such extension,provided,
however,the closing date for Parcel 1,May 1 2018 shall not be affected by such
extension except by mutual agreement.Such deposits shall be applied to the
purchase price.
Amendment No.1 to Purchase and Sale Agreement—A~l Properties LLC -Page 2
I0//17
Page 118 of 123
All remaining terms and conditions of the Purchase and Sales Agreement dated April,7,2017
not inconsistent with the terms herein remain in full force and effect.
IN WITNESS WHEREOF,the parties have executed this Amendment as of the dates noted
below.
PURCHASER:A-1 Properties LLC
a 10/30/17
By:Vijay Patel,President Date I
CITY@M/to/3///7
Dave Zabell,Cit ager \Date
Attest:$9 Approved as to form:gm AAQMWW _L_.42_3u.Xm~_/
Sandy Kenv?jthy,Interim City ylerk Leland Kerr,City Attorney
Amendment No.1 to Purchase and Sale Agreement—A-1 Properties LLC —Page 3
10//17
Page 119 of 123
STATE OF WASHINGTON)
)ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of
Pasco,Washington,to me known to be the individual described in and who executed the within
and foregoing instrument,and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
'3 ‘TL
SUBSCRIBED and sworn to before me this (1 da of -,2017.
‘\A ,\j§®;\I:%2
Notary Public in‘and foruth St 6;of Washington,
Residing at
My Commission Expires:
On this day personally appeared before me Vijay Patel,to me known to be the individual
described in and who executed the within and foregoing instrument,and acknowledged that he
signed the same as his free and voluntary deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me tl1is'38iL‘day of ',2017.
O
llubli "n and fo theétateofWashington,
Amendment No.1 to Purchase and Sale Agreement~A~1 Properties LLC -Page 4
10//l7
Page 120 of 123
Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 1
May 2018
AMENDMENT NO. 2 TO
PURCHASE AND SALE AGREEMENT
THIS AMENDMENT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT
(hereinafter “Agreement”), dated April 7, 2017 is entered into on this ___ day of _______, 2018,
between the City of Pasco, a Washington Municipal Corporation (hereinafter “City”) and A-1
Properties LLC, (hereinafter “Purchaser”) for amending and clarifying the terms and conditions as
set forth in said Agreement.
RECITALS
WHEREAS, Purchaser has requested certain amendments to the timing of actions re quired by the
Agreement; and,
WHEREAS, the City has determined that the proposed amendments are reasonable and prudent and
further its economic development goals; and,
WHEREAS, the parties wish to memorialize their mutual understanding and agreement with this
Amendment which includes the modified terms and conditions as set forth below; NOW,
THEREFORE,
In consideration of the mutual covenants contained herein, the parties agree to amend certain sections
of the Agreement to read as follows:
11. Closing. Closing, for at least Parcel 1, shall occur within one hundred and twenty (120) days
of the conclusion of Purchaser's Inspection Period as provided in Section 8 above, but in no event
later than May 15, 2018.
(a) At closing City will deposit in escrow a duly executed statutory warranty deed
covering the Property; a FIRPTA affidavit; and all other documents and monies required of it
to close this transaction in accordance with the terms hereof. All such documents shall be in
form satisfactory to Purchaser’s counsel.
(b) At closing Purchaser will deposit in escrow the monies required of it to close the
transaction in accordance with the terms hereof.
14. Reversionary Clause and Option to Repurchase/Reclaim.
(a) This Property is being sold to Purchaser in anticipation of the development of
retail/commercial leased space and/or a hotel.
(b) The Purchaser acknowledges that the purchase price and consideration given by City
are related to the City’s goals of economic development and lost opportunities for
development would arise if Purchaser fails to begin construction of the anticipated
development.
(c) Unless the failure to commence construction is related to the items identified in
Section 19(f), below, if the Purchaser fails to submit an application to City for
approval of a site plan and building plans consistent with subsection (a) above, within
Page 121 of 123
Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 2
May 2018
six (6) months of Closing the date of completion of construction (certificate of
occupancy) of the Marriott Hotel (which is to be constructed on property owned by
the Port of Pasco at the northwest corner of the intersection of Argent Road and 20 th
Ave.), the City reserves the right to reclaim title to this Property. If the Purchaser
does not initiate construction within twelve (12) months of the completion of
construction of the Marriott Hotel Closing, City reserves the right to reclaim title to
this Property. The City shall reclaim this Property by refunding 90% of the original
Purchase Price as determined in Section 3 above. In such event, the City shall issue
such refund first to any mortgagor or lien holder on the property to first satisfy any
mortgage or lien, prior to issuing any refund to Purchaser. In the event Purchaser
elects the phased option provided in Section 5 above, this right of reverter shall apply
to each of the parcels purchased independently. The City will not assume any
liability for expenses incurred by Purchaser in conducting this transaction. Purchaser
agrees to re-convey title to the City within sixty (60) days of receipt of notification of
City’s decision to seek reconveyance of Property. This right of reverter is exclusive to
the City and shall be exercised at the sole discretion of the City.
(d) This possibility of reverter survives forty-eight (48) months after closing or until such
time as building commences, whichever is earlier. The City shall be under no
obligation to exercise this possibility of reverter. This reversionary clause shall
survive the delivery of the Deed, but shall automatically lapse upon expiration of the
time periods herein and City shall execute such further documents as Purchaser shall
request to release same.
(e) The same possibility of reverter provisions in this section shall also apply to any to
any purchase of Parcel 2 by Purchaser.
All remaining terms and conditions of the Purchase and Sales Agreement, dated April, 7, 2017, and
Amendment No.1, dated October 31, 2017, not inconsistent with the terms herein remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates noted below.
PURCHASER: A-1 Properties LLC
By: Vijay Patel, President Date
CITY
Dave Zabell, City Manager Date
Attest: Approved as to form:
Daniela Erickson, City Clerk Leland Kerr, City Attorney
Page 122 of 123
Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 3
May 2018
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco,
Washington, to me known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for
the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this ____ day of _________________, 2017.
__________________________________________
Notary Public in and for the State of Washington,
Residing at _______________________________.
My Commission Expires: ____________________.
STATE OF WASHINGTON )
) ss.
County of _______________ )
On this day personally appeared before me Vijay Patel, to me known to be the individual
described in and who executed the within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this ______ day of _____________, 2017.
__________________________________________
Notary Public in and for the State of Washington,
Residing at _______________________________.
My Commission Expires: ____________________.
Page 123 of 123