HomeMy WebLinkAboutRon Asmus Homes, Inc - Irrigation Line Upsize AgreementIRRIGATION LINE UPSIZE AGREEMENT
TIDS IRRIGATION LINE UPSIZE AGREEMENT is entered .S!....J_ day of /t v,111.f 2019,
by and between Ron Asmus Homes, Inc., (hereinafter referred to as "Developer"), and the City of
Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City"), for
the purpose of irrigation system improvements consisting of irrigation line upsize.
WHEREAS, the Developer developed a residential housing development at parcel originally designated
as Parcel No. 117510035, the development is known as Chiawana Heights, said real property is
situated approximately 1500 feet south of the intersection at Road 84 and Chapel Hill Blvd. and
located inside the existing corporate limits of the City; and
WHEREAS, Pasco Municipal Code 21.05.130 requires the extension of the City's irrigation lines to
serve properties located in a subdivision of land as a condition of approval of the final plat. The
irrigation system improvements of Chiawana Heights Phase 1 will include the extension of 12-
inch irrigation main line; and
WHEREAS, the Amendment to the City of Pasco Irrigation Master Plan shows a 12" irrigation main;
and
WHEREAS, the required minimum irrigation main line size for this residential development is an 8-inch
main as determined by the City Engineer; and
WHEREAS, the parties, desire by this cooperation agreement, to jointly participate in the cost of the
irrigation system improvements that provides benefits to the property and the overall irrigation
system.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follows:
Irrigation Line Upsize Agreement -Chiawana Heights-Ron Asmus Homes, Inc. Page 1 of6
1. DEVELOPER OBLIGATIONS. Developer shall:
A. Be responsible for the costs of the project including but not limited to the expenses relating to
engineering, design, administration, legal, materials, labor, permits, reviews, and/or approvals
from all applicable jurisdictions, and any other project related costs.
B. Be responsible for the costs associated with reconnection/alteration of existing users' utility
connections.
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.
D. Be responsible for providing the City with a cost estimate for all items included in the terms of
this upsize agreement.
E. Transfer ownership of the irrigation line and all appurtenances to the City in a manner that is
consistent with the policies of the City .
2. CITY OBLIGATIONS. City shall:
A. 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.
B. Be responsible for direct reimbursement to the Developer for: materials and labor associated
with the upsizing of the irrigation line from 8" to 12" as requested by the Developer. Costs have
been evaluated by the City Engineer or his designee and shall not exceed $13,700.70.
C. 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.
Irrigation Line Upsize Agreement-Chiawana Heights-Ron Asmus Homes, Inc. Page 2 of6
3. TERM. This Agreement shall be effective commencing on the day .Jl]_ of Avy v,f
2019, 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 irrigation
system improvements consisting of irrigation 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
Line Upsize 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
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
Irrigation Line Upsize Agreement-Chiawana Heights-Ron Asmus Homes, Inc. Page 3 of6
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 Line Upsize 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 Line Upsize 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 O 7 day of AV j () i f:-, 2019 .
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CITY OF PASCO
STATE OF WASHINGTON
: ss
COUNTY OF FRANKLIN
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I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument and acknowledged
it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal this ~ day of ~(\,I. ST
NOTARY PUBUCi and for the State of Washington
Residing at: F~ i " W ·
My Commission Expires: 't1/2 q /2Pl 3
2019.
APRIL CULWELL
NOTARY PUBLIC #208573
STATE OF WASHINGTON
COMMISSION EXPIRES
JULY 19, 2023
Irrigation Line Upsize Agreement-Chiawana Heights-Ron Asmus Homes, Inc. Page 5 of6
Ron Asmus Homes, Inc.
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Ron Asmus , Ron Asmus Homes, Inc.
STATE OF WASHINGTON
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COUNTY OF FRANKLIN
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I certify that I know or have satisfactory evidence that Ron Asmus is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument and acknowledged
it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
under my hand and official seal this _Q_L_ day of ~ 'i llS f 2019 . v
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