HomeMy WebLinkAboutBig Creek Land Co - Water Line Upsize/Extension AgreementWATER LINE UPSIZE/EXTENSION AGREEMENT
THIS WATER LINE UPSIZE/EXTENSION AGREEMENT is entered /Zt.-day of
Pe4e. it]— 2017, by and between Big Creek Land Company, LLC, a Limited
Liability Corporation (hereinafter referred to as "Developer"), and the City of Pasco, Washington,
a Washington Municipal Corporation (hereinafter referred to as "City"), for the purpose of water
system improvements consisting of water line upsize.
WHEREAS, the Developer is proposing a commercial development at Parcel No. 115391014, the
development is to be known as Columbia Cove, said real property is situated approximately 110
feet south of the intersection at Road 90 and Wilshire Drive and located inside the existing
corporate limits of the City; and
WHEREAS, Pasco Municipal Codes 12.36.050(B), 13.36.040, and 26.04.116 allows for the extension of
the City's irrigation lines to serve property located inside the existing corporate limits of the City.
The irrigation water system improvements of Columbia Cove will include the extension of
approximately 330 linear feet of an 8 -inch irrigation water main line; and
WHEREAS, the Proposed Current and Future Distribution System Improvements Map from the Master
Irrigation Water System plan dated December 2013 shows a 12 -inch main from the intersection
of Road 90 and Sandifur Pkwy. to the intersection of Road 90 and Burns Road; and
WHEREAS, the City considers the minimum irrigation water main line size for a development to be an
8 -inch water main; and
WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the
water system improvements that provides benefits to the property.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follows:
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,2097
DEVELOPER OBLIGATIONS. Developer shall:
A. Be responsible for all the costs associated with the furnishing of materials and labor, and
construction of an 8 -inch irrigation water mainline with 8 -inch valves.
B. Be responsible for the costs associated with reconnection/alteration of existing users' utility
connections along the frontage associated with the above mentioned parcel.
C. Be responsible for the costs of all inspection services during the course of construction consistent
with the level of effort utilized on other capital and development projects within the City, or as
may be required to ensure the required quality of the completed work.
2. CITY OBLIGATIONS. City shall:
A. Be responsible for the costs associated with the furnishing of materials and labor, and install of
330 feet (distance of upsize) of 12 -inch irrigation water main line with 12 -inch butterfly valves.
B. The City will be 100% responsible for the costs of the extension of approximately an additional
110 feet of irrigation water main from the northern limits of the above referenced parcel to the
connection point at Wilshire Drive. These costs will include materials and labor to install a 12 -
inch irrigation water main and any fittings required to make the connection at Wilshire Drive.
C. Provide inspection services during the course of construction consistent with the level of effort
utilized on other capital and development projects within the City, or as may be required to
ensure the required quality of the completed work.
D. Be responsible for direct reimbursement to the Developer for: materials and labor associated
with the upsizing of the irrigation water main line from 8" to 12" where noted on the approved
construction drawings. Costs will be evaluated by the City Engineer or his designee and agreed
upon prior to final payment.
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E. Upon satisfactory completion of the improvements described above, accept the improvements
as described above, and as an in-kind replacement of a City asset and the maintenance and
operation of the improvements thereafter.
3. TERM. This Agreement shall be effective commencing on the day /z4of
2017, and all improvements, conveyances and obligations of the parties shall be complete
on or before six months immediately following the commencement date of this
Agreement. The Agreement shall terminate no later than one year following the
commencement date of this Agreement, or with the completion and acceptance of the water
system improvements consisting of water line upsize, whichever is sooner.
4. AUTHORITY TO APPROVE AGREEMENT. The parties represent and warrant that all steps
necessary for the approval of this Agreement have been completed by:
A. The Developer.
B. The City of Pasco.
The officers signing below are authorized to do so and that the execution of this Irrigation
Water Line Upsize/Extension Agreement is valid and binding for all purposes.
5. DISPUTE RESOLUTION. In the event of a dispute between the parties regarding the
interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith
effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of
Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the
substantially prevailing party being awarded its reasonable attorney fees and costs against the
other.
6. INDEMNITY. The Developer shall assume the risk of, be liable for, and pay for damage, loss,
cost and expense of any party arising out of the performance of this Agreement, except that
caused by negligence and/or willful misconduct solely of the City and its employees acting within
the scope of employment. The Developer shall hold harmless from and indemnify the City
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against all claims, losses, suits, action, cost, counsel fees, litigation costs, expenses, damages,
judgments, or decrees by reason of damage to any property of business, and/or any death, injury
or disability to or of any person or party, including any employee, arising out of or suffered,
directly or indirectly, by reason of or in connection with the performance of the Contract or any
act, error or omission of the Developer, Developer's employees, agents, contractors or
subcontractors, whether by negligence or otherwise. The Developer's obligation shall include but
not be limited to investigation, adjusting, and defending all claims alleging loss from action, error
or omission or breach of any common law, statutory or other delegated duty of the Developer,
Developer's employees, contractors, agents or subcontractors.
7. GENERAL PROVISIONS.
A. This Irrigation Water Line Upsize/Extension Agreement constitutes the entire agreement between
the parties, and no prior oral or written agreement shall be valid, and any modifications of this
Agreement must be in writing signed by all parties.
B. This Irrigation Water Line Upsize/Extension Agreement shall be binding on the parties, and their
heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the completion of
the construction of the roadway which is the object of this Agreement, and the transfer of
property, and to further sign all documents, deeds and permits reasonably necessary to accomplish
the purposes of this Agreement.
DATED this 2 -66 -day of `;]�)2C¢u2-btr , 2017.
CITY OF PASCO
A? V_,44��
D e za , City Manager
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STATE OF WASHINGTON
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County of Franklin )
On this day personally appeared before me Dave Zabell City Manager of the City of Pasco,
Washington, described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned. 4 p
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STATE OF WASHINGTON )
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