HomeMy WebLinkAboutBig Sky Developers, LLC - Utility Line Oversize Agreement, Burgess PlatUTILITY LINE OVERSIZE AGREEMENT
TIDS UTILITY LINE OVERSIZE AGREEMENT is entered J3'J.-day of fk.u..,. h--v-2019, by
and between Big Sky Developers, LLC., a Limited Liability Company, (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
oversized domestic and irrigation water line facilities.
WHEREAS, the Developer is proposing to install approximately 1400' of each domestic water line and
irrigation line to and through Parcels 115110014 and 115110015. Said real property is situated
northwest of the intersection at Road 68 and Bums Road; bordered by Bums Road on the south
and Road 68 on the east. Said parcel is located inside the existing corporate limits of the City;
and
WHEREAS, Pasco Municipal Codes 12.36.050 and 21.05.130 require the extension of the City's
domestic and irrigation water lines to serve property located inside the existing corporate limits of
the City. The domestic and irrigation water system improvements of Parcels 115110014 and
115110015 wilLincludeihe_extension of City domestic and irrigation water main Jines;_and_ ~-
WHEREAS, the Current and Future Distribution System Improvements Map from the Comprehensive
Water System Plan and the Irrigation Master Plan identify a 24" domestic water line and a 16"
irrigation water line to be installed in the Bums Road right-of-way; and
WHEREAS, the minimum main line size that can be installed by the Developer for both utilities has
been identified as an 8-inch water main; and
WHEREAS, the parties, desire by this Agreement, to jointly participate in the cost of the domestic and
irrigation water system improvements that provides benefit to both the Developer's property and
the overall water systems.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follows:
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1.
2.
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 except for:
Subject to Sections 2(B) and 2(C) of this agreement, the reasonable difference
between the materials costs for oversizing the domestic water main from 8" to
24" and the irrigation main from 8" to 16" beginning from the shared property
line between Parcels 115110014 and 1151 70069, extending east and
terminating at the shared property line between Parcels 115110015 and
11512001 as shown on the approved construction drawings.
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 oversize agreement.
E. Transfer ownership of the water main and all appurtenances to the City in a manner that is
consistent with the policies of the City.
CITY OBLIGATIONS. City shall:
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3.
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 associated with the
oversizing of the domestic water line from 8" to 24" beginning from the shared property line
between Parcels 115110014 and 115170069 extending east and terminating at the shared property
line between Parcels 115110015 and 11512001. Costs will be evaluated by the City Engineer or
his designee and shall not exceed $108,213.03. While this Agreement constitutes a contractual
obligation for reimbursement from the City to the Developer for the items stated, timing of the
payments will be based upon the availability of funds. Oversize funds are distributed on a first-
come basis and payments cannot exceed the annually budgeted amounts without specific
approval. This Section 2(B) shall survive termination of this Agreement until all reimbursements
provided for hereunder have been paid.
C. Be responsible for direct reimbursement to the Developer for: materials associated with the
Oversizing of the irrigation line from 8" to 16" beginning from the shared property line between
Parcels 115110014 and 115170069 extending east and terminating at the shared property line
between Parcels 115110015 and 11512001 as shown on the approved construction drawings.
Costs will be evaluated by the City Engineer or his designee and shall not exceed $14,540.53.
While this agreement constitutes a contractual obligation for reimbursement from the City to the
Developer for the items stated, timing of payments will be based on availability of funds.
Oversize funds are distributed on a first-come basis and payments cannot exceed the annually
budgeted amounts without specific approval. This Section 2(C) shall survive termination of this
Agreement until all reimbursements provided for hereunder have been paid.
D. Upon satisfactory completion of the improvements described above, accept the improvements
as described above, and assume the maintenance and operation of the improvements thereafter.
~
TERM. This Agreement shall be effective commencing on the day 23,. of O.u.-te ... l:,e,
2019, and all improvements, conveyances and obligations of the parties shall be complete
on or before six (6) months immediately following the commencement date of this
Agreement. The Agreement shall terminate no later than one year following the
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commencement date of this Agreement, or with the completion and acceptance of the utility
system improvements consisting of utility line oversize, 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 Utility Line
Oversize 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, as amended, 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
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,
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Developer's employees, contractors, agents or subcontractors.
7. GENERAL PROVISIONS.
A. This Utility Line Oversize 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 Utiltiy Line Oversize 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 water line 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.
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City of Pasco, Washington:
By:@~
Title: c (TY IV1~ ,._,',4,&6,<._
City/State/Zip Code
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, to be 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 act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this -12.__ day of ~
J)~
LIC in and for the State of Washington
Residing at: ?tt~ e,,O
My Commission Expires: Ju.\ ~ \ q , '2..D 2.~
Burgess Plat Utility Line Oversize Agreement -Big Sky Developers, LLC.
2019.
' APRIL CULWELL
NOTARY PUBLIC #208573
STATE OF WASHINGTON
COMMISSION EXPIRES
.. JULY 19, 2023 ,,
Page 6 of7
Developer:
By:
~,-r;:,j ~;,..3 &J-e/"
Address
I 2-ctd ~cJk rc-acJ. c_J: tfu:.,/,;li. ?/30 I
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me Dave Greeno, to be known to be the
Managing Member of Big Sky Developers, LLC, a Limited Liability Company, that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary act of
and deed of said limited liability company, for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute the said instrument.
·ate of Washington
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