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HomeMy WebLinkAbout4275 Resolution - ILA -Port of Pasco for Argent Road Amendment No. 3 RESOL[JTION NO. 4275 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 3 FOR THE INTERLOCAL AGREEMENT (ILA) WITH THE PORT OF PASCO (PORT) RELATING TO THE ARGENT ROAD PROJECT. WHEREAS,the City of Pasco (City)together with the Port of Pasco (Port) and Columbia Basin Community College (CBC), also known as stakeholders, have collaborated to undertake improvements to Argent Road, from 20�'Avenue up to and including the intersection at Road 36 ("the project"); and WHEREAS, on February 21, 2020, the City and the Port entered into an Interlocal Agreement (the"Agreement") for the Argent Road Project, Phase 1,No. 12001; and WHEREAS, on October 8, 2020, the City and the Port entered into Amendment No. 1 to provide for payment in full by the Port prior to the completion of the project Agreement for Argent Road Project, Phase 1,No. 12001; and WHEREAS, on August 16, 2021, the City and the Port entered into Amendment No. 2 to extend the ILA between the Port and the City through the completion of all phases of the Argent Road project,modifying subsection 3 TERM of the Agreement as follows: "and all improvements, conveyances and obligations of the parties for Phases 1 —3 of the Project shall be complete on or before December 31, 2024." WHEREAS, the parties hereto desire to further modify the Agreement to adjust the donated right-of-way to the Project for the benefit of the Airport to include right-of-way with a fair market value of$65,558 (0.86 Acres as $76,230/Acre), and temporary construction easements of 1.2 Acres to construct improvements. This donation is in addition to the committed funds of $1,500,000. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the subject agreement is amended and will be modified as described within Exhibit A attached hereto to adjust the donated right-of-way. Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment No. 3 on behalf of the City of Pasco. Resolution-Port of Pasco ILA Amendment No.3 - 1 PASSED by the City Council of the City of Pasco,Washington this 21 St day of November, 2022. Blanche Bara�as Mayor ATTEST: APPROVED AS TO FORM: ��� ,�G+n/`h�-- Debra Barham, CMC err Fer= w, PLLC City Clerk City orneys Resolution-Port of Pasco ILA Amendment No.3 -2 EXHIBIT A AMENDMENT NO. 3 TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO RELATING TO THE ARGENT ROAD PROJECT THIS AMENDMENT NO. 3 TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO FOR THE ARGENT ROAD PROJECT ("Amendment") is made this day of 2022, by and between the CITY OF PASCO, a municipal corporation, hereinafter called "City," and the PORT OF PASCO, a municipal corporation, hereinafter called "the Port." WHEREAS, the City and the Port entered into an Interlocal Agreement for the Argent Road Project, Phase 1, No. 12001 on the 21st day of February 2020 (the "Agreement"); and WHEREAS, the City and the Port entered into Amendment No. 1 to provide for payment in full by the Port prior to the completion of the project Interlocal Agreement for the Argent Road Project, Phase 1, No. 12001 on the 8th day of October 2020 (the "Agreement"); and WHEREAS, the City and the Port also entered into Amendment No. 1 to adjust the donated right-of-way to the Project for the benefit of the Airport to include right-of-way with a fair market value of $11,205 (0.147 Acres at $76,230/Acre), which donation is in addition to the committed funds of $1,500.000; and WHEREAS, on August 16, 2021, the City and the Port entered into Amendment No. 2 to extend the ILA between the Port and the City through the completion of all phases of the Argent Road project, modifying subsection 3 TERM of the Agreement as follows: "and all improvements, conveyances and obligations of the parties for Phases 1 — 3 of the Project shall be complete on or before December 31, 2024." NOW, THEREFORE; Amendment No. 3—ILA Between Port and City Argent Road Project- 1 IT IS AGREED between the City and the Port that hereto desire to modif the A reement in order to ad'ust the donated ri ht-of-wa to the Proiect for the benefit of the Air�ort to include ri�ht-of-wav with a fair market value of $65,558 (0.86 Acres as $76,230/Acre1. This donation is in addition to the committed funds of 1500 000. IT IS FURTHER AGREED between the City and the Port that all other terms and provisions of the Agreement shall remain unchanged, except as expressly modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day written below. Date: Date: City of Pasco Port of Pasco Adam Lincoln, Interim City Manager Randy Hayden, Executive Director Attest: Debby Barham, City Clerk Approved as to form: � Kerr Fer n Law, PLLC Cit orneys Amendment No. 3—ILA Between Port and City Argent Road Project-2