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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 , « STATE OF WASHINGTON ) : ss 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: '' �..��� �' n-, Title: ��in �;,�o� r�'; �?�'' ��.'� � Address:.'�{f(�/�� �'�� 'r' r�'� Y � �_� � ----�� I ;C� 1,��, `�;-���I STATE OF WASHINGTON ) : ss 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. _ = Pl16L�� ,�fj " �;�- �'-.n�9'••.�t'�r .•�'- "`:•'s, _ . •••.......•• �,,�'0�WAS�e��� NO �ARY PU I 'n and for t e State of Washington 7�N�qoaNN�� Resi ' �j t: L.�j�- My Commission Expires: f� � � ��v �—S Burns Estates Phase 3 Utility Extension Agreement-5