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HomeMy WebLinkAbout4333 Resolution - Solstice Lift Station Forcemain Utility Extension Agreement RESOLUTION NO. 4333 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A UTILITY EXTENSION AGREEMENT WITH PAHLISCH HOMES AT SOLSTICE LLC FOR THE PROCUREMENT AND INSTALLATION OF A SEWER LIFT STATION AND THE ASSOCIATED FORCEMAIN. WHEREAS, the City of Pasco, Washington (City), identified in the 2021 Comprehensive Sewer Plan Addendum dated November 2021, the West Broadmoor Lift Station will be required in the western portion of the City's Broadmoor area to facilitate further development in the area otherwise not able to be served by City sewer; and WHEREAS, Pahlisch Homes at Solstice LLC will need a sewer lift station to provide sewer service for their development; and WHEREAS, the City coordinated with Pahlisch Homes at Solstice LLC to develop a proposed local cost proposed to be paid by the developer and a regional cost proposed to be paid by the City for the West Broadmoor Lift Station; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City to enter into a Utility Extension Agreement with Pahlisch Homes at Solstice LLC for the procurement and installation of a sewer lift station and the associated forcemain. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Utility Extension Agreement between the City of Pasco and Pahlisch Homes at Solstice LLC as attached hereto and incorporated herein as Exhibit A; and Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Utility Extension Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Resolution—Utility Extension Agreement- 1 PASSED by the City Council of the City of Pasco, Washington, on this 3`d day of April, 2023. � � Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: �� t��� � Debra Barham, CMC err Fe aw, PLLC City Clerk Cit orneys Resolution—Utility Extension Agreement-2 FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco,Washington 525 North 3ra Pasco WA 99301 Tax Parcel No. 126-160-357 Legal Description: SOLSTICE PHASE 1 TRACT I UTILITY EXTENSION AGREEMENT THIS UTILITY EXTENSION AGREEMENT entered into this _ day of , 2023, by and between PAHLISCH HOMES AT SOLSTICE LLC, and its successors, hereinafter referred to as "Developer", and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City." WHEREAS,the Developer owns or controls approximately 144.16 acres of properiy in the east half of Section 193, township 9 North, Range 29, East of the City of Pasco 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 limits as designated by Franklin County; and WHEREAS,the Developer wishes to connect to City sewer; and WHEREAS,the City, in exchange for the privilege to connect to City water and sewer, is requesting that Developer construct a Regional Sewer Lift Station as well as the domestic sewer line(s) "to and through"their parcel to current City standards; and WHEREAS, once constructed, a Regional Sewer Lift Station will facilitate the extension of City sewer service to other nearby parcels to the benefit of the City; and WHEREAS, the City desires, by this Utility Extension Agreement, to participate in the pro rata cost of the Regional Sewer Lift Station improvements to the extent such shared costs benefit the City. NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, the parties agree as follows: PAHLISCH HOMES AT SOLSTICE LLC Utiliry Extension Agreement- 1 1. Develo er Obli ations. Developer has or will: A. Provide the complete design of the proposed 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 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 infrastructure improvements in accordance with applicable City, State, and Federal standards and specification requirements. C. Be responsible for all costs of the project which are anticipated to be approximately $1,130,000.00, 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, subject to the reimbursement obligations of the City under Paragraph 2(E). D. Be responsible for providing the City with a cost estimate for all items included in the tertns of the Utility Extension Agreement. E. Dedicate the infrastructure improvements and all appurtenances thereto, to City at completion of the project, upon inspection and approval by the City. F. Execute all necessary documents, permits, agreements and checklists necessary for the permitting, construction, and conveyance of the infrastructure improvements described above and for the performance of this Agreement. G. Provide detailed invoices for the City in a usual and customary format and with sufficient detail to enable the City to fulfill its reimbursement obligations under Paragraph 2(E). The level of detail required for reimbursement shall be at the sole discretion of the City. PAHLISCH HOMES AT SOLSTICE LLC Utiliry Extension Agreement-2 2. Cikv Obli�ations. City has or will: A. Process in its usual course, Developer's applications for plan review and permits associated with the infrastructure improvements described in this Agreement, in a timely manner. B. Provide criteria to be met in order for the Developer to construct the project in compliance with City of Pasco's standards and specifications for infrastructure improvements projects. C. Provide timely reviews of the engineering design, construction plans, and specifications at the time of final submittals. D. Provide inspection services during the course of construction consistent with the level of effort utilized on other capital and development projects within the Ciry, or as may be required to ensure the required quality of the completed work. E. Be responsible for direct reimbursement of certain costs associated with the construction of the Regional Lift Station and infrastructure improvements as part of the Solstice Subdivision. Costs have been evaluated by the Public Works Director or his designee and reimbursements shall not exceed $515,054.57, which is approximately 46% of the total project cost. F. Upon satisfactory completion and inspection of the improvements described above, accept the dedication of the infrastructure improvements, and by City Council Resolution accept ownership thereof, and maintenance and operation of the improvements thereafter. 3. Term. This Agreement shall be effective commencing on the day of , 2023, and all improvements, conveyances, and obligations of the parties with regard to the present agreement, shall be completed on or before the_day of , 2023. 4. Authoritv to Approve A�reement. The parties represent and warrant that all steps necessary for the approval of this Agreement have been completed by: A. Pahlisch Homes at Solstice, LLC B. City of Pasco PAHLISCH HOMES AT SOLSTICE LLC Utility Extension Agreement-3 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. 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. 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 pariy being awarded its reasonable attorney fees and costs against each other. 7. Mutual Cooneration 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 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 day of , 2023. City of Pasco, Washington: By: Adam Lincoln, Interim City Manager City Manager City of Pasco 525 N. 3rd Avenue Pasco, WA. 99301 PAHLISCH HOMES AT SOLSTICE LLC Utility Extension Agreement-4 STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, City Manager of the City of Pasco, Washington, 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. GNEN under my hand and official seal this_day of , 2023. Notary Public in and for the State of Washington Residing at My Commission Expires: ATTEST: Debby Barham, Cixy Clerk APPROVED AS TO FORM: Kerr Ferguson Law, City Attorney PAHLISCH HOMES AT SOLSTICE LLC Utility Extension Agreement-5 Developer: By: Title: Address: STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me , to me known to be the Developer, 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. GIVEN under my hand and official seal this day of 2023. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: PAHLISCH HOMES AT SOLSTICE LLC Utility Extension Agreement-6