HomeMy WebLinkAboutFranklin County Irrigation District (FCID) - Powerline Road Contract Addendum (C5-ST-3A-12-52)AFTER RECORDING, MAIL TO:
Mr. William E. Davis
Leavy, Schultz, Davis, P.S.
2415 West Falls Avenue
Kennewick, WA 99336
CONTRACT ADDENDUM
Grantor(s):
Grantee(s):
Abbreviated Legal:
Full Legal Description:
Assessor's Tax Parcel Number(s):
Reference No.:
FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1, a
Washington municipal corporation
CITY OF PASCO, A Washington municipal corporation
PTN of Sections 4 and 5, T9N, R29 EWM.... Franklin Co., WA
See Attached Exhibits
PTN 115-170-084, PTN 115-170-066, and PTN 115-110,013
THIS CONTRACT ADDENDUM is an Addendum to the Contract Amendment dated
the 0' day of January, 2019 between the CITY OF PASCO, a Washington municipal
corporation, hereinafter referred to as "Pasco," and the FRANKLIN COUNTY IRRIGATION
DISTRICT NO. 1, a Washington municipal corporation, hereinafter referred to as "District," and
is an ADDENDUM further to the contract entered into between Pasco and the District dated
January 8, 2015, and
WHEREAS it is the intent of Pasco and the District to clarify specifications for work
performed on the Roundy Line which is the subject matter of the Contract and the Contract
Amendment; and
Contract Addendum — Page 1
WHEREAS except as clarified by this Addendum, the amendment to the Contract dated
January 8, 2019 and the Contract dated January 8, 2015 remain in full force and effect; and
WHEREAS this Addendum shall be recorded with the Franklin County Auditor. Notice
pursuant to RCW 65.08.170 shall constitute notice to the adjacent property owners, and
WHEREAS the parties acknowledge that they are cooperating with one another in the
development and use of the right-of-way and the existing pipeline subject to the January 8, 2015
Agreement and the Amendment to said Agreement dated January 8, 2019.
NOW, THEREFORE, the parties agree as follows:
1. The parties hereby acknowledge that from time to time changes will be made to the
existing Roundy Line (the Pipeline subject to the Agreement and Contract Amendment)
and to expedite Agreement between Pasco and the District with regard to such changes,
Pasco and the District agree that the changes do not modify the terms, provisions or
obligations of either party under the Agreement or the contract amendment, provided that
both the District and Pasco agree to the changes and all specifications and construction
with regard to said changes. Any such changes as approved by both Pasco and the
District shall not impair nor change the obligations of either party with regard to the
agreement as amended by the contract amendment referred to herein.
2. To implement joint approval of Pasco and the District, the parties agree that the party
(being either Pasco or the District) who initiates the change by requiring a developer
directly or indirectly provide infrastructure improvements or requires or initiates any
action with an impact upon the Roundy Line, then the party initiating or requiring the
change or improvements shall become the lead agency to coordinate with the other
agency (being Pasco or the District) to insure that both Pasco and the District approve the
changes, specifications and constructions. Lead agency shall present the proposed
changes to the other agency and acquire the other agency's written approval for the
changes. Lead agency can then provide the necessary approvals to the developers,
developer's engineer, the developer's contractor, or the agency's contractor. Lead
agency shall be responsible for obtaining the approval of the other agency with regard to
the specifications and construction and the lead agency will be the agency to sign off on
the changes being made to the Roundy Line.
3. The January 8, 2015 Agreement as amended by the Contract Amendment dated January
8, 2019 shall remain in full force and effect, with the addition of the provisions herein.
Contract Addendum —Page 2
PASCO:
L—«
Authorized •
DISTRICT:
Chairman
r
BY:
. (PI Z� —
Se
STATE OF WASHINGTON)
) ss.
COUNTY OF FRANKLIN )
On this day personally appeared before me Dot V4 ZA LPA 1 , to me
known to be an Authorized Agent of the CITY OF PASCO, the municipal corporation that
executed the foregoing instrument, and who acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that VE., is authorized to execute the said instrument on behalf
of said municipal corporation.
GIVEN under my hand and official seal this_T day of , 20_Lq_.
Jenatte SaWW Romero
Notary Public
Ste19 of Ww"n&n �u L&'#-'1VV I 4"AA0,
�rApc+ E*keso,rosr2= at y Public in and fore Se of Washington
NAME OF NOTARY PUBLIC (TYPE Of PRINT)
My Appointment Expires: Q110 lZf)22
Contract Addendum — Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
nn On this dW personally appeared before me "1 l�rl�c. S and
\7 CAW, Uk r e , to me known to be the Chairman and the Secretary of
FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1, the municipal corporation that
executed the foregoing instrument, and who acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute the said instrument on behalf of
said municipal corporation.
GIVEN under my hand and official seal this day of , 20.
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Notary -
Public o
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Contract Addendum —Page 4
otary Publ'c in for the State of Washington
residin at
NAME OF NOTARY PUBLIC (TYPE ORP NT)
My Appointment Expires: