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.
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Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
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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