HomeMy WebLinkAboutBig Sky Develoment - Utility Extension Agreement - BURNS ESTATES PHASE 3 - UEA AFN l#19qg323 qGREE
09f03/2021 17.�g qM
5 Page(s)$207.50
Matt Beaton,Auditor
Franklin Co..yyq
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco,Washington
525 Noirth 3rd
Pasco WA 99301
Tax Parcel No. 126150600
Legal Description: BURNS ESTATES PHASE 2 TRACT A
UTILITY EXTENSION AGREEMENT
THIS UTILITY EXTENSION AGREEMENT entered into this � day of
�� �S'� , 2021, by and between Big Sky Development, LLC, hereinafter referred to
as `~'llevelope�", and the City of Pasco, Washington, a Municipal Corporation,
hereinafter referred to as "City."
WHEREAS, the Developer owns or controls approximately 12.86 acres of
property in the North half of the Southwest quarter of Section O1, township 09 North,
Range 28, East W.M. situated within Franklin County, Washington and is in the process
of developing a portion of such property; and
WHEREAS, the certain real property referred to above is situated within the
City Urban Growth Area as designated by City of Pasco; and
WHEREAS, the existing domestic water main located in Ricky Road and
Whiskey River Road is an extension that was built to current standards at the time of
construction; and
WHEREAS, as a prerequisite to connecting to and receiving City water, the
current City standards require the connecting parcel owner to construct the domestic
water line "to and through" the connecting parcel and construct all water infrastructure
improvements to meet current minimum City standards; and
WHEREAS, all properties along the proposed domestic water improvement
alignment may wish to be connected to the domestic water system; and
WHEREAS, any latecomer fee(s) must be paid prior to City acceptance of
additional connections to the City's water system;
Burns Estates Phase 3 Utility Extension Agreement- 1
NOW, THEREFORE, and in consideration of the mutual terms and covenants
contained herein,the parties agree as follows:
1. Develo er Obli ations. Developer shall:
A. Provide the complete design of the proposed domestic water
infrastructure improvements by a Professional Engineer registered to practice
engineering in the State of Washington. All work shall be in accordance with
the current City of Pasco requirements, and standards and specifications,
including any applicable or referenced State and Federal requirements and
standards. The engineering design, construction plans and specifications shall
be submitted to the City for review and/or approval at the final stages of design.
B. From the design, as approved by the City, construct the domestic
water infrastructure improvements in accordance with applicable City, State,
and Federal standards and specification requirements.
C. Be responsible for all costs of the project including but not
limited to expenses relating to engineering, design, administration, legal,
materials, labor, permits, reviews, inspections and/or approvals from all
applicable jurisdictions, and any other project-related costs.
D. Be responsible for providing the City with a cost estimate for all
items included in the terms of the Utility Extension Agreement.
E. Dedicate the domestic water infrastructure improvements and all
appurtenances thereto, to City at completion of the project, upon inspection and
approval by the City.
F. Obtain and/or execute all necessary documents, permits,
easements, agreements and checklists necessary for the permitting, construction,
and conveyance of the domestic water infrastructure improvements described
above and for the performance of this Agreement.
G. Indemnify the City for any and all damages resulting from the
construction of the improvements or materials used therein.
H. Warrant the completed water infrastructure improvements to be
free of material and workmanship defects for a one-year period following
construction. In the event the improvements contain any defects due to
workmanship or materials used, Developer agrees to repair, replace, and/or
restore the improvements to meet current City standards.
Burns Estates Phase 3 Utility Extension Agreement-2
2. Cit►� Obli�atiocis. City shall:
A. Process in its usual course, Developer's applications for plan
review and permits associated with Private Development improvements
described in this Agreement.
B. Provide criteria to be met in order for the Developer to construct
the project in compliance with City of Pasco's Design and Construction
standards and specifications for Public Works improvements.
C. Provide inspection services during the course of construction
consistent with the level of effort utilized on other Private development projects
within the City, or as may be required to ensure the required quality of the
completed work.
D. Upon satisfactory completion and inspection of the
improvements described above, accept the dedication of the domestic water
infrastructure improvements, and by City Council Resolution accept ownership
thereof, and maintenance and operation of the improvements thereafter, subject
to the one-year developer warranty period and subject to the discretion of
Council to accept the improvements.
3. Term. This Agreement shall be effective commencing on the ���
day of �n�l�S�— , 2021, and all improvements, conveyances, and obligations of the
parties with regard to the present agreement, shall be completed on or before the 3i5�
day of ,e�Ec�r�8rr2 , 20�.�.
4. Authorit�� to A> >rove A�reement. The parties represent and warrant
that all steps necessary for the approval of this Agreement have been completed by:
A. Big Sky Developers, LLC
B. City of Pasco
The officers signing below are authorized to do so and the execution of this
Utility Extension Agreement is valid and binding for all purposes.
5. General Provisions.
Burns Estates Phase 3 Utility Extension Agreement-3
A. This Utility 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 Utility 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.
6. 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, 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 each other. The parties stipulate that Franklin
County Superior Court is the appropriate venue, should judicial relief be required. Any
disputes shall be governed by the laws of the State of Washington.
7. Mutual Cooneration and Further A�reements. The parties agree to
cooperate in good faith, with regard to each and every aspect required for the
completion of the construction of the domestic water infrastructure improvements
which are the object of this Agreement and the transfer of property, and to further sign
all documents, deeds, and permits that are reasonably necessary to accomplish the
purposes of this Agreement.
DATED this 3� day of _ �G l�S+ ,2021.
City of Pasco, Washington:
By: �
Title: � �� �� .
City Manager
City of Pasco
525 N. 3rd Avenue
Pasco, WA. 99301
Burns Estates Phase 3 Utility Extension Agreement-4
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STATE OF WASHINGTON )
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COUNTY OF FRANKLIN )
On this day personally appeared before me ��iG� ��e' I ,
wit��l� WI��V1a��1 of the City of Pasco, Washington, described in and who executed the
f'oregoing instrument, and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
der my hand and official seal this 3� day of �A �lst' , 2021.
APRlL CULWELI. �
NOTARY PUBLIC#108573 �,�.;,�
STATE OF WASHINGTON Notary Pu.lic in and for the State of Washington
COMMISSION EXPIRES
JULY 19,2023 Residing at_ �Cc�.v.��Vl _ C1�l.lV1T`�
My Commission Expires: ri � , 'Z�2
Developer: ''
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Title: ��in �;,�o� r�'; �?�'' ��.'�
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Address:.'�{f(�/�� �'�� 'r' r�'� Y � �_�
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STATE OF WASHINGTON )
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COUNTY OF FRANKLIN ) I
On this day personally appeared before me Paul Lavrentiev, to me known to be
the Develo�t',"A't'�""��cuted the foregoing instrument and acknowledged the said
instrume�c��F.�•��ti��,,�arid voluntary act of and deed of said limited liability
comp�dy,�o'r the uses a�pu��poses therein mentioned.
_ � NOTARY ' ��`' �
= G�VEN ur�er my�$anc�� �fficial seal this ..J��,day of 2021.
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�,,�'0�WAS�e��� NO �ARY PU I 'n and for t e State of Washington
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My Commission Expires: f� � � ��v �—S
Burns Estates Phase 3 Utility Extension Agreement-5