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HomeMy WebLinkAboutR-2014-024 Cascade Mill District Redevelopment Project SIED Grant Agreement with the Yakima County SIED BoardA RESOLUTION RESOLUTION NO. R-2014-024 authorizing the City Manager to accept and execute the necessary agreement for $900,000 in a grant and a $900,000 loan from the Yakima County SIED Board to support engineering and design of new streets, utilities and environmental clean-up plans for the Cascade Mill District Redevelopment Project, WHEREAS, the Yakima City Council has established that redevelopment of the Cascade Mill Site, is an Economic Development priority for the City of Yakima; and WHEREAS, a community support for this revitalization effort has been strongly supported in the 2012 and 2013 Community Survey, the City Council Strategic Plan and the Yakima Urban Area Comprehensive Plan 2009 Amendment; and WHEREAS, the City of Yakima was successful in receiving funds from the State of Washington in the form of the Local Infrastructure Financing Tool (LIFT) award that provides $25 Million to finance necessary infrastructure improvements, and WHEREAS, the City of Yakima has a Professional Services contracted with Lochner & Associates to develop and provide the engineering and design services for infrastructure at the Cascade Mill Redevelopment Project, and WHEREAS, the Scope of Work and Budget included in this Professional Services Agreement include environmental compliance, civil engineering, landscaping/street design, cost estimating, utility design and coordination, traffic engineering, surveying, right of way, construction contract administration and other related services, and WHEREAS, on January 23, 2014 the City of Yakima requested and was approved for funding from the Yakima County "Supporting Investments in Economic Diversification" (SIED) Board in the form of a $900,000 grant and $900,000 loan. The loan portion will be paid back in a lump sum in 2017, when the first LIFT construction bond is issued, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to accept and execute the Agreement with the Yakima County SIED Board for terms and conditions of the loan and grant as specified in the attached draft contingency agreement. ADOPTED BY THE CITY COUNCIL this 4th day of February, 2014. ATTEST. 011, Sony laar ee, City ClerJ y.IMA LI Micah Cawley, ayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 For Meeting of: 2/4/2014 ITEM TITLE: SUBMITTED BY: Resolution authorizing acceptance of funding and executing an Agreement with the Yakima County (SIED) Board for $900,000 in a loan and $900,000 in a grant to support engineering and design of new streets, utilities, environmental clean-up and right of way for the Cascade Mill District Redevelopment Project. Tony O'Rourke, City Manager Joan Davenport, Strategic Project Manager SUMMARY EXPLANATION: On January 23, 2014 the Yakima County "Supporting Investments in Economic Development" SIED Board reviewed and approved the request from the City of Yakima for a $900,000 grant and $900,000 loan to be used for the engineering, design and right of way for the Cascade Mill Redevelopment Project. The loan portion will be paid in a lump sum no later than 2017 when the City issues the first LIFT construction bond. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: Funding Source/Fiscal Loan to be repaid with LIFT construction bond in Impact: 2017 Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Approve the Resolution which authorizes City Manager to execute necessary Agreement for SIED Funds for the Cascade Mill Project ATTACHMENTS: Description Resolution to accept and execute agreement for SIED Funds of Cascade Mill Project SIED Application for Funding Cascade Mill Prosect Upload Date 1/27/2014 1/27/2014 Type Resolution Backup Material APPLICATION FOR FUNDING CERTIFICATION Applicant: City of Yakima Federal Tax Number: 91-6001293 Contact: Tony O'Rourke Title: City Manager Telephone: 509/575-6040 Fax: 509/576-6792 Email: tony.orourke0vakimawa.gov Address: 129 North 2nd Street Yakima, WA 98901 Indicate the minimum necessary total public project infrastructure costs. Amount of SIED loan requested: Amount of SIED grant requested: (see Policies for limits) Local match (minimum 10% of SIED request): List other funding source(s): $900,000 $900,000 $1.500,000 City of Yakima TOTAL public project costs: 13,400,000 TOTAL private investment in plant/equipment Project title: Cascade Mill District Infrastructure Design — Phase 2 Resolution # authorizing application: R-2014 - (tbd on February 4th Declaration: I HEREBY CERTIFY THAT THE INFORMATION GIVEN SUPPORTING INVESTMENTS IN ECONOMIC DEVE • PMENT BOAR OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Official: Print or Type Name and Title: HIS APPLI IS TRUE ION TO THE CORRECT TO THE BEST Tony O'Ro`''�7', City Manager Yakima County SIED Board Supporting Investments In Economic Diversification A. REQUEST FOR FUNDING To improve the economic vitality of the Yakima County, SIED is authorized to make primarily loans, and grants in unique circumstances, to Yakima County political subdivisions to assist in financing the cost of public facilities that are required by industrial sector businesses that will create and/or retain jobs. In most cases, SIED Board will choose to combine funding in the form of loans and grants. Interest rates on loans are established when the County formally approves the project contract (interlocal agreement) by using the County Interfund Loan Rate, as authorized by law. Loan payments are made in equal annual amounts on June 1st. As the interlocal agreement is put in place between the County and the applicant specific repayment dates and a related loan amortization schedule are established. Loan payment installments are based on an ordinary annuity, compounded annually. If an applicant needs additional flexibility on loan repayment schedules they can request a deferral. Interest on loans will continue to accrue from the date the contract is approved by the County, even if the applicant is granted a deferral on their first loan payment. If an applicant requests a deferral of the first loan payment, the applicant must justify the request.. Al. Indicate the full terms requested for SIED consideration. A SIED loan is a general obligation of the jurisdiction receiving the loan. With acceptance of a SIED loan, the jurisdiction agrees to the terms of the interlocal agreement regardless of the project which prompted the application for SIED funding. • A ban of: $900,000 • A grant of $900,000 (maximum 40% of project costs*). *NOTE: If applicant contributes 20% toward project costs (including state, federal, or private funds leveraged) the maximum grant increases to 50% of the SEID request. • A deferral of the first loan payment (up to five years): Deferral Requested until 2017, when the first project bond is issued. The SIED Loan will be repayed in one lump sum in 2017. • Loan terms requested: *Total number of years for repayment: Defer until 2017 • Justify a request for a deferral of the first loan payment. What is the basis for a lower interest rate request? The City requests the authority to defer repayment of the $900,000 Loan until the first construction bond is issued for the LIFT funded project. The bonding deadline is 2017. The City could incorporate this debt into the bond, thereby eliminating the need to use General Fund or other city funds to repay this debt. Application for Funding, 2014 Page 2 Yakima County S1ED Program Yakima County SIED Board Supporting Investments In Economic Diversification B. PUBLIC SECTOR PROJECT E31. Describe the entire public facility project, including the parts that you are not asking SIED to fund. The City of Yakima requests a $1,800,000 in SIED funding to help complete engineering design of new roads and utilities to serve the redevelopment of the Cascade Mill District Development Project. With SIED funds, the city will employ a consulting team to carry out the following scope of services: • Environmental Compliance • Civil Engineering • Landscape/Streetscape Design • Cost estimating • Utility design and Coordination • Electrical Design (street lighting, traffic signalization • Traffic Engineering • Survey • Right -of -Way • Construction Contract Administration • On-site construction observation • Assistance with administration of funding sources The project will enable the City of Yakima to move forward in 2014 to initiate environmental clean-up and construction of the Cascade Mill Parkway between Lincoln Avenue and the East-West Corridor. Following completion of the SIED funded project, the City of Yakima will utilize state LIFT funds and other grants to build the remainder of this key arterial street and other portions of the infrastructure project. The city is investing over $1,200,000 to secure property that will be used for right of way, utilities and clean-up needed to access the mill site property. These funds were also used as match for phase I, but they are sufficient to cover the SIED program's twenty percent match requirement for projects. To date, and with some assistance previously provided by SIED, the city has completed the following: • Economic Impact Study* to support the LIFT application • Phase 2 Traffic Study with YVCOG and WSDOT* which resulted in supportive position by Federal Highways and WSDOT to proceed with an Interchange Modification of the 1-82 & Yakima Avenue interchange to improve access to the Cascade Mill project and the East-West Corridor • Remedial investigation and feasibility study on former city landfill within the site • Geotechnical analysis and environmental investigation of the Plywood Plant area for due diligence of purchase • Geotechnical analysis and alignment study for Phase 1 infrastructure* * Partially funded by previous SIED funds The Cascade Mill District consists of 205 acres that were formerly used as the Boise Cascade Sawmill and Plywood Plant. Redevelopment of the area is the top economic development priority for the City of Yakima, and it is listed as one of the most significant properties for economic opportunity in the region, according the 2013 YCDA Community & Economic Development (CED Plan), The recommendations of this plan and a SIED funded economic impact study were key elements of the city's application for state Local Infrastructure Financial Tool (LIFT) financing, which was the #1 ranked application in the state and received a maximum award of up to $25 million to finance necessary infrastructure improvements. Application for Funding, 2014 Page 3 Yakima County SIED Program Yakima County SLED Board Supporting Investments In Economic Diversification B2. Will this project upgrade an existing public facility? Yes Build a new one? Yes Describe. The design work will lead to the construction of the following improvements: • A new North-South arterial street will be constructed from Lincoln Avenue to the new East-West Corridor, at the alignment of the "H" Street called the Cascade Mill Parkway (CMP). The new street will begin at a roundabout at Fair Avenue/Lincoln Avenue intersection and extend approximately 2,100 LF to another roundabout at the East-West Corridor. The new roadway will be constructed with a sidewalk, median landscaping, controlled access, street lighting, and passive infiltration storm water facilities. • The East-West Corridor will be designed to connect to the 1-82 Interchange modifications and ramp facilities and will include a roundabout at the intersection of the East-West corridor, which will accommodate a rail crossing to preserve the Moxee Branch line of the Central Washington Railroad. • Domestic water improvements in conjunction with roadway, including new 12" diameter water main, • Sanitary sewer improvements in conjunction with roadway, including new 10" and 6" pipes, • Industrial Waste Line for domestic sewer related to potential new industrial land uses, • Stormwater infrastructure The transportation plan for the Mill District consists of boulevards, connectors and neighborhood streets. These are further supplemented by pedestrian facilities and Greenway access. Central to the Mill District is a boulevard (Cascade Mill Parkway) including the sidewalk, a bike lane, and two one-way driving lanes. In the development of this plan, the following goals will be considered: 1. Efficient delivery of vehicular traffic to the site's commercial and employment areas. 2. The use of common, large scale retail/office/employment parking areas for the Mill District. 3. Vehicular traffic in the Mill District will be carefully managed including roundabouts, limited access controls, pedestrian separation and landscaping. 4. A pedestrian network through the Mill District parking areas. 5. The use of pedestrian ways to encourage safety and connectivity, including access to the Yakima Greenway. 6. The street network will also provide significant regional access to the modified I-82/Yakima Avenue interchange and the East-West Corridor. B3. List all funding sources for the public project and amount. •Identify whether the amount has been provided or is being requested. Provide the status and date the funds were approved or the date that funds are expected to be approved: SOURCE SIED loan SIED grant City of Yakima — LIFT funds Total project costs — this phase STATUS Applied Applied Obligated DATE February 2014 February 2014 2014 AMOUNT $ 900,000 $ 900,000 $ 1,500,000 $ 3,400,000 NOTE: ALL REQUIRED FUNDING TO COMPLETE THE PROJECT MUST BE SECURED WITHIN SIX MONTHS OF A SIED OFFER OF FINANCIAL AID. Application for Funding, 2014 Page 4 Yakima County S1ED Program Yakima County SIED Board Supporting Investments In Economic Diversification B4. Specifically, for what element(s) of the public project are SIED funds requested? SIED funds will pay for the design engineering of Cascade mill Parkway within the Cascade Mill District Redevelopment Project. In addition, the City of Yakima plans to begin removal of the wood debris from the road corridor area which will allow subsequent landfill remediation and street construction. With SIED funds, the city will employ a consulting team to carry out the following scope of services: • Environmental Compliance • Civil Engineering • LandscapelStreetscape Design • Cost estimating • Utility design and Coordination • Electrical Design (street lighting, traffic signalization • Traffic Engineering • Survey • Right -of -Way • Construction Contract Administration • On-site construction observation • Assistance with administration of funding sources B5. Include a site map of the area. Identify the location of the site, public infrastructure and private development project (existing and/or proposed). Specifically identify where SIED funds are proposed to be used. •Materials must be reproducible in black and white and in 8 1/2 x 11 format. B6. Attach engineering estimates supporting project costs. Identify whether estimates are from preliminary engineering or design engineering work. (Attention: SIED will not entertain requests for additional funding if projections are insufficient.) B7. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application (Section D.) The redevelopment of the YRDA is a true urban infill project that will utilize and build upon existing urban infrastructure within the city's core area. The mixed use and transit -oriented redevelopment will improve the economic health and vitality of the both the former sawmill site and surrounding neighborhoods, which are among the most economically distressed in the state of Washington. In 2014, a Market Analysis will be conducted to determine the most feasible land uses for the site. The Preliminary YRDA development plan included in the LIFT application consists of the following components: Land Use Category Acreage Commercial acres 122.4 Light Industrial/Research & Development Flex Space 30.0 Office — Medical 20.0 Medium — High Density Housing 9.5 Open -Recreational space 21.0 Street grid, public rights of way/easements 20.7 The Yakima business community will benefit from the development of the city's first interstate frontage mixed use development. SIED design funds will leverage capital construction funding that will create a competitive, cost effective setting for new construction with modern infrastructure in place to serve business needs. Development of the project area will provide substantial economic impact and revenue, including approximately $53,000,000 of investment for development. Application for Funding, 2014 Page 5 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification Several key attributes make the site an ideal location for an urban infill redevelopment project. These include: • Over 200 acres of prime urban interstate frontage at the gateway to the Yakima Valley, • Location between two major freeway interchanges, • Centered within an urban area of 116,000 residents that lacks a true mixed-use employment, commercial and recreation center. • Direct connections to the Yakima River and Yakima River Greenway, the only major development tract in Central Washington to possess this feature. • Located four blocks from the Yakima Convention Center and Downtown Yakima. • Bordered by light -industrial business park, residential neighborhoods and commercial district, which allows and encourages mixed use development, multi -modal transportation and land use transition points/buffers. The design of both public infrastructure and private facilities will incorporate the following principles: • Provide amenities that support and enhance the urban environment • Replace existing mill site with vibrant multi -faceted commercial and employment district. • Expand and enhance the revitalization of Downtown Yakima • Create a distinctive area centered on the historic flow of water through the site. • Create strong connections to the Yakima River Greenway from downtown and the Mill District • Accommodate and facilitate development of public facilities that draw visitors to Yakima and contribute to the health of hotels, downtown businesses and other private enterprises. The project will change the face and image of Central Washington as well as improve the corporate and tourism attractiveness. The recent location of Costco's Business Center and Tacoma Screw Products International to the Chinook Business Park at the north end of the property presents a new industry cluster that provides another layer of ancillary business opportunities. Surrounding neighborhoods will receive new, basic infrastructure that will alleviate the chronic public health issues related to failing septic systems and contaminated wells. In addition, the utilities will increase property values, and the redevelopment will be more compatible with the neighborhood than a disruptive and hazardous industrial operation. Abandoned industrial sites are havens for street crimes, gang activity, graffiti and drug dealing. This activity spreads into the surrounding neighborhoods. Redevelopment of the site brings new construction, and people to the area throughout the day and into the evening. This is a deterrent to crime, and enhances the security of the surrounding neighborhoods. The accelerated redevelopment of the site is important to our competitiveness, not only for new businesses to the region, but to retaining a number of local firms that are in need of additional land in order to preserve their operations in Yakima, including auto dealerships that are vital to the city's financial health. B8. List all permits and environmental reviews required for the PUBLIC SECTOR PROJECT and give their current status (applied for, application being prepared, permit issued, etc.) PERMIT NEPA Compliance SEPA Compliance ISSUER City of Yakima ANTICIPATED COMPLETION STATUS DATE In process for Interchange late 2014 Cascade Mill Parkway April 2014 Application for Funding, 2014 Page 6 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification Construction Permits City of Yakima 2016 NOTE: ALL REQUIRED PERMITS TO COMPLETE THE PROJECT MUST BE SECURED WITHIN SIX MONTHS OF A SIED OFFER OF FINANCIAL AID. B9. If environmental permits are not required for the project (e.g., Shorelines Permit, Environmental Impact Statement, etc.) please explain why they are NOT required. Both NEPA and SEPA processes will be utilized for environmental compliance in the various elements of this project. Requested funding is for a Planning/Engineering Study. B10. Estimated schedule for public project completion. Indicate the month and year when the activities listed have been, or will be, completed. ESTIMATED COMPLETION DATE (month/year) Preliminary Engineering Report 2015 Environmental Review All Required Permits Obtained 2015 Design Engineering 2014-15 Land/Right-of-Way Acquisition 2014 Prepare Bid Documents 2016 Award Construction Contract 2017 Begin Construction 2017 Project Operational 2014 - 15 B11. What other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies are involved in the planning, design, financing, construction or operation of this project? Yakima County; Yakima Valley Conference of Governments; Washington State Department of Transportation; and Department of Ecology Please explain how completion of the project is coordinated between other involved parties. Both the City and County have retained the same firms for engineering and design of the infrastructure projects. The City, County and WSDOT have entered several agency agreements that describe cooperation and coordination of the project. B12. Will the SIED public facility project be totally maintained by the applicant? If not, whom? Please explain. The City of Yakima will maintain the infrastructure within the City limits. WSDOIT will maintain 1-82 ramps and facilities. Yakima County will maintain the East-West corridor within their jurisdiction. Application for Funding, 2014 Page 7 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification B13. How will this project impact utility rates and public services within the jurisdiction? No impact to rates. The project will install public water lines, domestic sewer, industrial sewer, stormwater drainage, and all related street infrastructure in the Mill district which will benefit the surrounding neighborhood. B14. Is this project consistent with your local comprehensive and capital facilities plans? If no, please explain. Yes. A Comprehensive Plan Amendment to the Yakima Urban Area Plan and related rezoning of the Mill District was approved by the City Council in 2009. The Comprehensive Plan Amendment included a Sub -Area Plan, Transportation Elements, Economic Development objectives and Capital Facilities Discussion. The redevelopment of the Mill District is consistent with the Comprehensive Plan. C. FINANCIAL INFORMATION ON CITIES, TOWNS, PORT DISTRICTS AND COUNTIES This section examines the general financial status of cities, towns, and counties to determine the need for SIED assistance. Cl. Identify funds (General Fund, Utility Fund, Property taxes, etc.) that are eligible to repay a SIED loan. The project area is designated as a Revenue Development Area (RDA) by the Washington State Department of Revenue, and has received a commitment of up to $25 million from the state Local Infrastructure Financing Tool (LIFT) program from the Community Economic Revitalization Board (CERB). Under the LIFT program, a portion of the state share of sales and property tax revenues will be provided to the city to finance construction of capital improvements. The city will also dedicate a dollar for dollar match of the local increased tax revenue from the development of the site. These funds will be used to repay the SIED loan for design engineering. C2. In the context of the local government's overall annual budget, explain the need for SIED assistance. If the applicant has budget reserves, please explain why these funds are not available for the project? The City of Yakima has an adopted balanced budget with operating reserves that conform to the City Council's Financial Management Policy of 60 days of working capital to meet unforeseen, one- time expenditures of an emergent nature, such as a natural disaster, catastrophic occurrence of excessive liability judgment. These funds are not available for new infrastructure projects, and we have previously been forced to use reserves for basic services. Despite our challenges, we have continued to develop financial packages for the provision of streets, water, wastewater, telecommunications, and transportation services to support new development in the community. C3. If the local jurisdiction is not financially contributing to the project, please explain why. Application for Funding, 2014 Page 8 Yakima County SIED Program Yakima County SLED Board Supporting Investments In Economic Diversification To date, City of Yakima and Yakima County have invested over $4 million in local funds to support he planning and engineering of this project. C4. Has the use of revenue or general obligation bonds, LID, U LIDS been explored for this public facility project? Yes XXX_ No_. Explain the outcome and describe why these financing sources would or would not be applicable for this project. Infrastructure and street construction will be financed through a bonding process and supported by the implementation of the LIFT financing. With the LIFT award, the City may bond for up to $50 Million in improvements. C5. Will a revenue stream be generated that could repay a SIED loan outside of the system's normal operations and maintenance costs? Yes_XXX_ No_ Please explain. Yes, the SIED loan will be repaid with the first construction bond targeted for 2014. C6. Other public sources of funding for public economic development projects are listed below. Indicate which public sources were investigated to fund this project, in addition to SIED. Indicate what the outcome was. FEDERAL: Economic Development Administration Rural Development Other: STATE: Community Development Block Grant Public Works Trust Fund Department of Ecology CERB Other YES X X X X X X NO OUTCOME Seeking public works funding Not eligible in urban area Not eligible - Entitlement area Did not meet funding criteria Pending environmental issues May apply for construction funds Application for Funding, 2014 Page 9 Yakima County S1ED Program Yakima County SIED Board Supporting Investments In Economic Diversification Explain why SIED funds are necessary and the outcome of the investigation of other fund sources: This proposal is considered a bridge financing mechanism for the project. The project area is designated as a Revenue Development Area (RDA) by the Washington State Department of Revenue, and has received a commitment of up to $25 million from the state Local Infrastructure Financing Tool (LIFT) program from the Community Economic Revitalization Board (CERB). Under the LIFT program, a portion of the state share of sales and property tax revenues will be provided to the city to finance construction of capital improvements. The city will also dedicate a dollar for dollar match of the local increased tax revenue from the development of the site. Engineering design and property acquisition are eligible for reimbursement when the city receives the LIFT funding. The city will pay off SIED loans at the time of first project construction bonding in 2017. D. PRIVATE SECTOR COMMITMENT D1. In order to show that a specific private investment is ready to occur, but will do so only if SIED assistance is made available to the applicant, SIED requires a signed Contingency Agreement(s) between the applicant and the private sector representative(s). If a developer is involved, there must also be a signed Contingency Agreement between the developer and the proposed tenant. Complete Section D and a Contingency Agreement FOR EACH private sector entity. D2. Describe the proposed private development or expansion project that will be supported by the public facility project. Business: N/A The requested SIED funding is to support the engineering and design of the public infrastructure, to allow installation and environmental clean-up in a timely manner that will allow redevelopment of the site. There are NO private development sectors that will directly receive SIED assistance. D3. Name of private sector firm Address Phone/Fax Contact Person D4. Explain why the private development requires the proposed public infrastructure improvements Application for Funding, 2014 Page I0 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification described in this application. D5. List the number of projected jobs, by job type, to be retained and/or created by the firm as a direct result of the public infrastructure project supporting the private development. Jobs must be expressed in Full Time Equivalents (FTEs). Wage data should exclude fringe benefits. *Management positions should be indicated as an annual salary. Job Description Current # Of Jobs Retained** (In FTEs) # Of Jobs Created Year 1 (In FTEs) # Of Jobs Created by Year 3 (In FTEs) Current or initial Hourly Wages Local Occupational Hourly Wages*** Mgmt./Admin* Technical/Prof. Office/Clerical/sales Skilled Crafts Others a) Number of Jobs **Retained b) Projected annual gross payroll for all job classifications $ c) How many of these positions are for seasonal work? (In FTE) d) What kind of fringe benefits does the company offer to regular full time employees? **Retained jobs are defined as jobs that would otherwise be lost to the county. D6. Will this project displace existing jobs in any other part of the county? Yes_ No XXX . If "yes," please describe the circumstances. D7. How were job projections developed? Explain why the projections are realistic. Attach supporting information such as a business plan or year-end financial statements (financial statements may be unaudited). The entire SIED application is considered a public record; however, financial and commercial information provided by the private business is exempt from disclosure to the extent permitted by 4217 RCW. ***Contact YCDA for information on this column. D8. Will the private sector project offer expanded employment opportunities to disadvantaged or unemployed workers? How will the firm work to hire people from Yakima County? D9. Indicate the construction schedule (if applicable) for the proposed private sector project. Application for Funding, 2014 Page 11 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification Private Facility Construction Begins Private Facility Construction Completed Private Facility Operational (month/year) D10. List all permits required for the PRIVATE SECTOR PROJECT and give their current status (applied for, application being prepared, permit issued, etc.) PERMIT/ENVIROMENTAL REVIEW ISSUER STATUS ANTICIPATED COMPLETION DATE NOTE: ALL REQUIRED PERMITS TO COMPLETE THE PROJECT MUST BE SECURED WITHIN SIX MONTHS OF A SIED OFFER OF FINANCIAL AID. D11. What private authorizations remain prior to proceeding with the proposed private development project? D12. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Financial contact(s) phone# phone# Application for Funding, 2014 Page 12 Yakima County S1ED Program Yakima County SLED Board Supporting Investments In Economic Diversification SAMPLE CONTINGENCY AGREEMENT 1. PARTIES. The parties to this Agreement are THE APPLICANT and THE PRIVATE BUSINESS. ATTENTION: If a developer is involved in the project, the tenant must also be a party to this agreement or there must be an additional agreement between the developer and the tenant. The required agreement will be executed as described by the City of Yakima. 2. PURPOSE. The purpose of this Agreement is to clarify the intentions of the parties regarding the completion of THE PUBLIC FACILITIES PROJECT. This section should also contain an explanation of the need for the public improvements. 3. BACKGROUND. The purpose of this section is to provide a description of the public improvements, which can be referenced, thereafter, as "required public improvements." 4. AGREEMENT. This section must contain the following: a) A statement that the applicant agrees to construct the required public improvements providing that SIED financing is approved. b) A statement by the business of the projected number of permanent, full-time jobs created and/or retained as a result of the public facilities project. (Attention: Job estimates identified here must equal those in Question C5.) c) A statement by the business of the estimated private capital investment. d) An agreement by the business to contact the local One -Stop Career Center, Job Service Center, or appropriate Community Based Organization for assistance in filling new positions. e) An agreement by the business to provide the applicant with employment and investment data as requested by SIED. f) If applicable, this section must also contain a list of any public and/or private contributions to the public facilities project, such as cash contribution or donated land. 5. CONTINGENCY. This Agreement is contingent upon receipt of SIED funds by THE APPLICANT and is intended to meet the first level of convincing evidence of private development as required by SIED. All parties must sign the Agreement. The required agreement will be executed as described by the City of Yakima. Application for Funding, 2014 Page 13 Yakima County S1ED Program Yakima County SIED Board Supporting Investments In Economic Diversification E. PROJECT FEASIBILITY For projects where expanding or troubled businesses are not involved, please fill out the following section. El. Summarize the results of the feasibility analysis that supports your proposed public facility investments. The Cascade Mill District project is a highly complex initiative with multiple technical issues. Unlike other development sites in the city (Congdon, River Point Landing, etc.), the Mill District currently does not connects to the arterial street system, nor the interstate system. This is a significant challenge for a mixed use site. Furthermore, the acreage does not have any streets running through the property. The alignment and design of this system is further complicated by the location of a former municipal landfill, environmental remnants of the 100 years of former mill operations and an active rail spur. While none of these issues are insurmountable, they have required specialized study and analysis, and a challenging environmental and engineering design approach that is beyond the capacity of city staff. All of these challenges have been approached in careful coordination with local, state and federal agencies that will influence the project and its sustainability E2. Identify industries that are targeted for recruitment with this project. According to a 2008 economic impact study, Phase 1 of the YSR project will provide substantial economic impact, both in terms of overall job retention or creation and revenue for state and local government, including: • 402 permanent jobs retained or created • 205 construction jobs • $276,986 annual city sales and use tax revenue • $585,411 annual city property tax revenue • $1,694,840 annual state sales and use tax revenue • $102,000 annual property tax revenue The overall construction schedule assumes a 15 -year build out period for the entire site, with the highest level of construction occurring in 2016-2020. The timing of construction was based on analysis of absorption rates for the Yakima Urban Area for both retail and other commercial uses. Light Manufacturing and Office -Flex may be accelerated depending on the success of business recruitment and retention efforts for the employment center. Construction estimates were based on industry trends and similar projects. E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? In 2014, the City will employ a Market Economist to evaluate the most desirable and feasible land uses for the Cascade Mill site. The contract is estimated at $30,000 and will be a subconsultant of Lochner Associates, the primary project consultant for the City and County. Although basic economic and employment forecasting data was collected and presented in the 2008 LIFT application, the data and assumptions need to be checked. Additionally, the Downtown Revitalization effort should be supported by the Cascade Mill project. The Study will be completed by third quarter 2014 with recommendations and strategies for implementation. Application for Funding, 2014 Page 14 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification E4. Describe the site's appropriateness by addressing (at a minimum): zoning; environmental restrictions; access to infrastructure; water, sewer, road, rail, and electricity; distance to markets; and, the site's ability to support the anticipated development over time. The design of both public infrastructure and private facilities will incorporate the following principles: • Provide amenities that support and enhance the urban environment • Replace existing mill site with vibrant multi -faceted commercial and residential district. • Expand and enhance the revitalization of Downtown Yakima • Create a distinctive neighborhood centered on the historic flow of water through the site. • Create strong connections to the Yakima River Greenway from downtown and the Mill District The Yakima business community will benefit from the development of the city's first interstate frontage mixed use development. SIED design funds will leverage capital construction funding that will create a competitive, cost effective setting for new construction with modern infrastructure in place to serve business needs. Development of the project area will provide substantial economic impact and revenue, including approximately $53,000,000 of investment for development. Several key attributes make the site an ideal location for an urban infill redevelopment project. These include: • Over 200 acres of prime urban interstate frontage at the gateway to the Yakima Valley, • Location between two major freeway interchanges, • Centered within an urban area of 116,000 residents that lacks a true mixed-use employment, commercial and recreation center. • Direct connections to the Yakima River and Yakima River Greenway, the only major development tract in Central Washington to possess this feature. • Located four blocks from the Yakima Convention Center and Downtown Yakima. • Bordered by light -industrial business park, residential neighborhoods and commercial district, which allows and encourages mixed use development, multi -modal transportation and land use transition points/buffers. E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. The Cascade Mill District project is a highly complex initiative with multiple technical issues. Unlike other development sites in the city (Congdon, River Point Landing, etc.), the Mill District currently does not connects to the arterial street system, nor the interstate system. This is a significant challenge for a mixed use site. Furthermore, the acreage does not have any streets running through the property. The alignment and design of this system is further complicated by the location of a former municipal landfill, environmental remnants of the 100 years of former mill operations and an active rail spur. While none of these issues are insurmountable, they have required specialized study and analysis, and a challenging environmental and engineering design approach that is beyond the capacity of city staff. All of these challenges have been approached in careful coordination with local, state and federal agencies that will influence the project and its sustainability. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be available in the time frame established for project completion? In 2009, the City of Yakima was awarded authority to utilize Local Infrastructure Financing Tool (LIFT) for the Mill District. The LIFT award was $25 Million which could be utilized to bond up to $50 Million. The LIFT was designated for streets, utilities, freeway ramps and environmental clean-up. While this is a significant contribution to the redevelopment of the Mill District, additional funds are necessary to leverage success Application for Funding, 2014 Page 15 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification for the entire project. The City has strong partners in Yakima County, Washington State Department of Transportation, Federal Highways, Department of Ecology, Conference of Governments and private property owners. Environmental Clean-up of the former city landfill and the contaminants of the 100 years as a lumber mill will be costly and will exceed the first estimate for remediation. The partnership with Department of Ecology is very strong and DOE has been supportive of funding the clean up. E7. Describe job development expectations for the project in terms of the number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. According to a 2008 economic impact study, Phase 1 of the YSR project will provide substantial economic impact, both in terms of overall job retention or creation and revenue for state and local government, including: • 402 permanent jobs retained or created • 205 construction jobs • $276,986 annual city sales and use tax revenue • $585,411 annual city property tax revenue • $1,694,840 annual state sales and use tax revenue • $102,000 annual property tax revenue The overall construction schedule assumes a 15 -year build out period for the entire site, with the highest level of construction occurring in 2016-2020. The timing of construction was based on analysis of absorption rates for the Yakima Urban Area for both retail and other commercial uses. Light Manufacturing and Office -Flex may be accelerated depending on the success of business recruitment and retention efforts for the employment center. Construction estimates were based on industry trends and similar projects. E8. Describe the specific, quantifiable measures of the outcomes that will demonstrate project success. Describe in measurable term (jobs created/retained, etc.) what you expect to be able to show as progress toward the outcome for each year before the whole outcome has been achieved. Goals Determine options for public ownership, remediation and facility development for former landfill site. Complete Feasibility Study for DOE review Outcomes Complete landfill feasibility study for cleanup options Timelines Council choses Preferred Option in February 2014 Design of Cascade Mill Parkway and utility improvements 90% design plans May 2014 Determine alignment, access and right of way needs for Cascade Mill Parkway infrastructure improvements, including roundabout intersection with East-West Corridor Road Complete alignment and right of way acquisition June 2014 Construct Phase 1 infrastructure improvements June 2016 Application for Funding, 2014 Page 16 Yakima County S1ED Program SIED CONTRACT YC -CMD -14 YAKIMA COUNTY and CITY OF YAKIMA (Cascade Mill District Development Project) 1. PARTIES This Supporting Investments in Economic Diversification (hereinafter referred to as SIED) Contract is made by and between Yakima County (hereinafter referred to as the County) whose address is 128 North Second Street, County Courthouse, Room 102, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 N 2nd Street, Washington 98901. Notices between the parties shall be made where and as provided for on Page 6, Section 22, NOTICES. 2. TERM This Contract takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until all payments required under Section 5, MUTUAL CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section 8, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section 5, MUTUAL CONSIDERATION, Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. 3. PURPOSE The purpose of this Contract is to provide for the construction of certain infrastructure improvements (hereinafter referred to as the Project) using certain County funds designated for such infrastructure. The Project consists of the completion of the engineering design of new roads and utilities to serve the redevelopment of the Cascade Mill District Development Project including environmental compliance, civil engineering, landscape/streetscape design, cost estimating, utility design and coordination, electrical design (street lighting, traffic signalization), traffic engineering, survey, right-of-way, construction contract administration, on-site construction observation, and assistance with administration of funding sources. 4. RECITALS A. The Parties make this Contract based on and in recognition of certain relevant facts and circumstances including: B. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Yakima County Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040. C. The City proposes to construct the Project with a combination of City, private, and County funds, including $1,800,000.00 from the SIED Fund, $900,000.00 to be in the Page 1 of 8 Contract No. YC -CMD -14 form of a loan, and $900,000 to be in the form of a grant, and thereafter to own and operate the Project for the benefit of the City and the County. D. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed areas, providing family wage jobs and the development of communities of excellence in such areas, and the parties expect the Project to further these goals. E. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of RCW 82.14.370, define public facilities to include various buildings, structures and works, such as the Project. F. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, also known as New Vision, to provide administrative and technical assistance in furtherance of the County's economic development. G. The County has also created the SIED Board to review applications for grants from the SIED Fund and make recommendations for SIED Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. H. New Vision has investigated the Project and assisted in preparing the pending application for SIED funds, and the SIED Board has reviewed the application for SIED funds and has recommended approval. I. The SIED Fund balance is sufficient to make the requested contribution to the Project. J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. 5. MUTUAL CONSIDERATION A. COUNTY LOAN—The County shall loan Nine Hundred Thousand Dollars and Zero Cents ($900,000.00) for the Project described herein. This loan amount shall be drawn on the SIED Fund by County warrant, payable to the City, upon the next Yakima County Auditor's warrant issue. B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of Nine Hundred Thousand Dollars and Zero Cents ($900,000.00) with interest on unpaid principal, at an annual per annum rate of 2.44%, which is the Yakima County Interfund Loan Rate. The interest rate will be valid for 45 days from March 11, 2014. In the event the contract is executed after 45 days, or April 25, 2014, the parties agree to use the Interfund Loan Rate on the date this contract is fully executed by both parties. Interest shall accrue from the date this contract is approved by the County. Repayment shall be made by the City in one payment (including principal and interest) payable on June 1, 2017. Payment shall be by check payable to Yakima County Infrastructure Fund and delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128 North 2nd Street, Yakima, WA 98901. The City obligation hereunder shall be a limited general obligation of the City, payable from any legally available source of funds. Page 2 of 8 Contract No. YC -CMD -14 Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as noted. In the event of payment by the City of any one or more installments, or of the entire loan balance, before the date prescribed in Exhibit A, interest shall accrue on such installment(s) or balance until, but not beyond, the June 1 next succeeding the date of such payment(s). If more than one installment is paid during any repayment year, then the repayment period recited above shall be correspondingly shortened and the scheduled of payments reflected in Exhibit A shall be correspondingly advanced. C. COUNTY GRANT—The County shall grant Nine Hundred Thousand Dollars and Zero Cents ($900,000.00) to the City for the Project described herein. This grant shall be by County warrant drawn on the SIED Fund and payable to the City within 30 days of the County's receipt of a signed copy of the Project engineer's certificate that 50 percent of the work on the Project has been completed and the City's invoice for said grant. D. OWNERSHIP AND USE—The City shall construct, own, maintain, and operate the Project as a part of its public infrastructure for economic development, available for use by manufacturing and industrial concerns proximate to the Project. The City shall also permit the use of the Project by the County and its departments on like terms with other users, at such time as the Board of Yakima County Commissioners may deem expedient. For purposes of this paragraph, ownership, maintenance, and operation of the Project or any portion thereof by another municipality, under any conveyance or dedication, which is subject to and preserves the County's right of use, shall be deemed ownership, maintenance, and operation by the City. 6. RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports, and follow such procedures as may be required by the County, pertaining to this Contract. All records pertaining to this Contract and work undertaken hereunder shall be retained by the City for a period of seven years after final audit unless a longer period is required to resolve audit findings or litigation. The County and other authorized representatives of the State and Federal government shall have access to any books, documents, papers, and records of the City, which pertain to this Contract or work undertaken hereunder for the purpose of making audit, examination, excerpts, and transcriptions. 7. RELATIONSHIP OF PARTIES AND AGENTS A. The relationship of the City to the County, with regard to construction of the Project, shall be that of an independent contractor rendering professional services. The City shall have no authority to execute contracts or to make commitments on behalf of the County and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. B. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform work under this Contract. Such personnel shall not be employees of the County. All such personnel, contractors, and/or Page 3 of 8 Contract No. YC -CMD -14 subcontractors shall be fully qualified and authorized/permitted under State and/or local law to perform such services. C. All services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State or local law to perform such services. 8. SUSPENSION, TERMINATION, AND CLOSEOUT A. If the City fails to comply with the terms and conditions of this Contract, the County may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this Contract in the manner specified herein: B. SUSPENSION—If the City fails to comply with terms and conditions of this Contract, or whenever the City is unable to substantiate full compliance with provisions of this Contract, the County may suspend this Contract pending corrective action or investigation, effective not less than seven days following written notification to the City or its authorized representative. The suspension will remain in full force and effect until the City has taken corrective action to the satisfaction of the County and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligations incurred by the City or its authorized representative during the period of suspension will be allowable under this Contract, except: I. Reasonable, proper, and otherwise allowable costs which the City could not avoid during the period of suspension; II. Otherwise, allowable costs incurred during the period of suspension, if upon investigation, the County is satisfied of the City's compliance with the terms and conditions of this Contract to the extent of the compensation claimed by the City. C. TERMINATION FOR CAUSE—If the City fails to comply with the terms and conditions of this Contract and any of the following conditions exist: I. The lack of compliance with the provisions of this Contract were of such scope and nature that the County deems continuation of this Contract to be substantially detrimental to the interests of the County; II. The City has failed to take satisfactory action as directed by the County or its authorized representative within the time period specified by same; III. The City has failed within the time specified by the County or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract; then, IV. The County may terminate this Contract in whole or in part, and thereupon shall notify the City of termination, the reasons therefore, and the effective date, provided such effective date shall not be prior to notification of the City. After this effective date, no charges incurred under any terminated portions outlined in the application for funding are allowable. Page 4 of 8 Contract No. YC -CMD- 14 D. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in whole or in part by mutual consent and written agreement setting forth the conditions of termination, including effective date and, in case of termination in part, that portion to be terminated. 9. COPYRIGHT RESTRICTION No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the City. 10. COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State, and local governments with regard to the performance of this Contract. 11. TITLE VI OF THE CIVIL RIGHT ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 12. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, creed, religion, sex, or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 13. AGE DISCRIMINATION ACT OF 1975 (As Amended) No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal funding assistance (42 U.S.C. 610 et. seq.) 14. SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended) No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds (29 U.S.C. 794). 15. INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Contract. Page 5 of 8 Contract No. YC -CMD -14 16. HOLD HARMLESS AND INDEMNITY The City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Contract. 17. PUBLIC LIABILITY The City or its contractor(s) shall maintain for the duration of work under this Contract, issued on an occurrence basis, comprehensive liability insurance with a combined single limit of not less than one million dollars ($1,000,000.00) from a company authorized to provide insurance in the State of Washington. Said policies shall provide that the policy shall not be canceled or altered by any party without written notice to Yakima County, delivered not less than 30 days prior to such cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than $1,000,000.00 is in effect. 18. ASSIGNABILITY The City shall not assign any interest in this Contract and shall not transfer any interest in this Contract (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. 19. NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Contract. 20. CONTRACT MODIFICATIONS It is mutually agreed and understood that no modification or waiver of any clause or condition of this Contract is binding upon either party unless such modification or waiver is in writing and executed by the County and the City. 21. SEVERABILITY If any portion of this Contract is changed per mutual contract or any portion is held invalid, the remainder of this Contract shall remain in full force and effect. 22. NOTICES A. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: Page 6 of 8 Contract No. YC -CMD -14 TO CITY: Tony O'Rourke City Manager 129 North Second Street Yakima, WA 98901-2613 TO COUNTY: Craig Warner, Financial Services Director 128 North Second Street, Room 232 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 23. INTEGRATION This Contract contains all terms and conditions agreed to by the County and the City. There are no other oral or written agreements between the City and County as to the subjects contained herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 24. GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Contract shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Contract shall be the Superior Court of Yakima County, Washington. 25. FILING Upon execution by the authorized representatives of the parties, a copy of this Contract shall be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040. * * * * * * * * * * * * * * * Page 7 of 8 Contract No. YC -CMD -14 IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS v/ LA CA,14 Micah Cawley, May it Approved as to Form: Jeffut��`i', City Attorney Attest: Ake. JUOI Cni Sonya ClaaJTee, City Clerk ect- Date CITY CONTRAC f NOO. VI V RESOLUTION NO:&: -.2191 chey, Chairman d Elliott, Commissioner Ichael D. Leita, Commissioner Approved as to Form: Dan Clark, Deputy Prosecuting Attorney CONTRACT AUTHORIZATION Attest: Tiera L. Girard, Clerk of the Board BOCC129-2014 Date April 15, 2014 Page 8 of 8 Contract No. YC -CMD -14 Dated Delivered: 4/15/2014 4/15/2014 Debt Service Schedule City of Yakima SLED loan Cascade Mill District Development Project SIA 30/360 77U Y7/6 Situp Int Coupon Period Date Int Calc Principal Effective Interest Credit Periodic Day Cnts Payment Coupon Rate Payment Enhancements Debt Service Outstanding Balance 4 6/1/2017 1126/360 900,000.00 2.44000 68,686.00 968,686.00 $900,000.00 $68,686.00 $0.00 $968,686.00 True Interest Cost (TIC) Arbitrage Yield Limit (AYL) Average Life 2.4400000 Face Value of Bond Issue $900,000.00 0.0000000 Accrued Interest (+) $0.00 3.1277778 Original Issue Premium/Discount (+) $0.00 Underwriter Discount (+) $0.00 Lump -sum credit enhancements (-) $0.00 Prepared by: Sarah Veld, Prepared on: 4117/ 2014 16:42 15.75 RN O l j :Mun-EaseElevaleMainDb YC -CMD -201 4-A (WA May2013 - NoRfnd) Account #•45536401-238 Service ID #:571863565-002 Monthly 2�3 - IDp-/Do G' 1° t 3 3 oV GENERAL SERVICE CONTRACT (1000 KW OR LESS) between PACIFIC POWER and CITY OF YAKIMA C/C: 11531 Request #: 6033779 Contract #. 7 This General Service Contract ("Contract"), dated June 12, 2015, is between PacifiCorp, doing business as Pacific Power ("Company"), and City of Yakima ("Customer"), for electric service for Customer's lighting operation at or near N 10th St. Gateway Entrance, Washington. The Company's filed tariffs (the "Electric Service Schedules" and the "Electric Service Rules") and the rules of the Washington Utilities and Transporation Commission ("Commission"), as they may be amended from time to time, regulate this Contract and are incorporated in this Contract. In the event of any conflict between this Contract and the Electric Service Schedules or the Electric Service Rules, such schedule and rules shall control. They are available for review at Customer's request. 1. Delivery of Power. Company will provide 120/240 volt, single-phase electric service to the Customer facilities. 2. Contract Demand. The specified Demand in kW that Customer requires to meet its load requirement and Company agrees to supply and have available for delivery to Customer, shall be 5 kW (diversified, based on Customer's submitted load prior to the signing of this Contract) unless otherwise agreed in writing in accordance with the terms of this Contract. Within fifteen (15) days of the written request for additional demand, Company shall advise Customer in writing whether the additional power and energy is or can be made available and the conditions on which it can be made available 3. Extension Costs. Company agrees to invest $998 00 (the "Extension Allowance") to fund a portion of the cost of the improvements (the "Improvements") as per tariff. Customer agrees to pay Company the estimated construction costs in excess of the Extension Allowance ("Customer Advance") in the amount of $1,645 00, of which the Customer has paid $0 00 for engineering, design, or other advance payment for Company's facilities. The balance due is $1;645:001 4. Contract Minimum Billing. Customer agrees to pay a contract minimum billing (the "Contract Minimum Billing")during the first sixty (60) months beginning from the date the Company is ready to supply service The Contract Minimum Billing shall be the greater of- (1) the Customer's monthly bill, or, (2) $24 38 (the monthly facilities charge) plus eighty percent (80%) of the Customer's monthly bill. Billings will be based on Rate Schedule No 24 and superseding schedules. The Company will reduce the minimum charges by the amount of the facilities charges associated with refunds due from additional applicants connecting to the Improvements. 1 5. Effective. This Contract will expire unless Customer signs and returns an original of this Contract along with any required payment to Company within ninety (90) days of the Contract date shown on page 1 of this Contract. 6. Term. This Contract becomes binding when both the Company and Customer have signed it, and will remain in effect for five (5) years following the date when the Company is ready to supply service. In the event Customer terminates service or defaults (which results in termination of service) within the first five (5) years of this Contract, Customer shall be responsible for paying the remaining Contract Minimum Billing for the remainder of the five year term. If Customer is not ready to receive service from Company within one -hundred fifty (150) days of the Customer signature date given on page five (5), then Company may unilaterally terminate this Contract. If Company has not installed Improvements, then such termination of this Contract shall not be treated as a Customer default and Customer shall not be responsible for paying the Contract Minimum Billing for the five (5) year term, only Customer's Advance will be applied to Company costs incurred for design, permitting and other associated Contract costs. However, if Company has installed Improvements so that Company is ready to supply service, but Customer is not ready to receive service from Company within said one -hundred fifty (150) days, then the failure of Customer being ready to receive service from Company may be treated as a Customer default, and Customer shall be responsible for paying the Contract Minimum Billing for the five (5) year term 7. Customer Obligations. Customer agrees to: a) Provide legal rights-of-way to Company, at no cost to the Company, using Company's standard forms. This includes rights-of-way on Customer's property and/or adjoining property and any permits, fees, etc. required to cross public lands; b) Prepare the route to Company's specifications; c) Install all Customer provided trench, conduit, equipment foundations, or excavations for equipment foundations within the legal rights -of -ways; and, d) Comply with all of Company's tariffs, procedures, specifications and requirements 8. Special Provisions: None 9. Underground Facilities If service is provided by an underground line extension, Customer will provide, or Company will provide at Customer's expense. all trenching and backfilling, imported backfill material, conduit and duct, and furnish and install all equipment foundations, as designed by the Company Company may abandon in place any underground cables installed under this Contract that are no longer useful to Company Customer warrants that all Customer provided trench and excavations for equipment foundations, and Customer installed conduit and equipment foundations are installed 2 within legal rights-of-way, and conform to the specifications in the Company's Electric Service Requirements Manual, and other specifications as otherwise provided by the Company. In the event Customer fails to comply with the foregoing, Customer shall be liable for the cost to the Company for relocating the facilities within a legal right-of- way, acquiring right-of-way for the Company facilities, repair or replacement of improperly installed conduit or foundations, and paying costs for damages that may arise to any third party as a result of the Company facilities being located outside of a legal right-of-way The provisions of this paragraph 9 shall survive the termination of this agreement. 10. Design, Construction, Ownership and Operation. The Company shall design, construct, install, and operate the Improvements in accordance with the Company's standards. The Company will own the Improvements, together with the Company's existing electric utility facilities that serve or will serve Customer. Construction of the Improvements shall not begin until (1) both the Company and Customer have executed (signed) this Contract, and (2) all other requirements prior to construction have been fulfilled, such as permits, payments received, inspection, etc. Any delays by the Customer concerning site preparation and right-of-way acquisition or trenching, inspection, permits, etc. may correspondingly delay completion of the Improvements The Company warrants that its work in constructing and maintaining the Improvements shall be consistent with prudent utility practices. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND SIMILAR WARRANTIES. The Company's liability for breach of warranty, defects in the Improvements, or installation of the Improvements shall be limited to repair or replacement of any non-operating or defective portion of the Improvements or the Company's other electric utility facilities. Under no circumstances shall the Company be liable for other economic losses, including but not limited to consequential damages. The Company shall not be subject to any liability or damages for inability to provide service to the extent that such failure shall be due to causes beyond the reasonable control of the Company No other party, including Customer, shall have the right to operate or maintain the Company's electric utility facilities or the Improvements. Customer shall not have physical access to the Company's electric utility facilities or the Improvements and shall engage in no activities on or related to the Company's electric utility facilities or the Improvements. 11. Payments. All bills shall be paid by the date specified on the bill, and late charges shall be imposed upon any delinquent amounts Company reserves the right to require customer payments be sent by EDI or wire transfer. If Customer disputes any portion of Customer's bill, Customer shall pay the total bill and shall designate the disputed portion Company shall decide the dispute within sixty (60) days after Customer's notice of dispute Any refund Company determines Customer is due shall bear interest at the rate then specified by the Commission or, if no rate is specified, the then effective prime rate as established by the Morgan Guaranty Trust Bank of New York The Company may request deposits from Customer to the extent permitted under the applicable Electric Service Rules and the applicable Electric Service Schedule. In the 3 event of a default by Customer in any of its obligations, the Company may exercise any or all of its rights and remedies with respect to any such deposits. 12. Furnishing Information. Upon the Company's request, Customer shall submit its year-end financial statements to the Company, certified to be true and correct and in accordance with GAAP (General Accepted Accounting Principles). Furthermore, Customer shall submit additional information as the Company may reasonably request from time to time in furtherance of the purposes of this Contract. Such information shall be deemed confidential. The Company will base its decision with respect to credit, deposits or any other material matter on information furnished under this section by Customer, and shall reserve its rights with respect to such decisions should such information be inaccurate 13. Governing Law; Venue. All provisions of this Contract and the rights and obligations of the parties hereto shall in all cases be governed by and construed in accordance with the laws of the State of Washington applicable to contracts executed in and to be wholly performed in Washington by persons domiciled in the State of Washington. Each party hereto agrees that any suit, action or proceeding in connection with this Contract may only be brought before the Commission, the Federal courts located within the State of Washington, or state courts of the State of Washington, and each party hereby consents to the exclusive jurisdiction of such forums (and of the appellate courts therefrom) in any such suit, action or proceeding. 14. Assignment. The obligations under this Contract are obligations at all times of Customer, and may not be assigned without the Company's consent except in connection with a sale, assignment, lease or transfer of Customer's interest in Customer's facility. Any such assignment also shall be subject to (i) such successor's qualification as a customer under the Company's policies and the Electric Service Rules, the applicable Electric Service Schedule, and (ii) such successor being bound by this Contract and assuming the obligation of Customer from the date of assignment, which may be evidenced by written agreement of such successor or other means acceptable to the Company. The Company may condition this assignment by the posting by the successor of a deposit as permitted under the applicable Electric Service Rules and the applicable Electric Service Schedule. ,15. Remedies; Waiver. Either party may exercise any or all of its rights and remedies under this Contract, the applicable Electric Service Rules, the applicable Electric Service Schedule and under any applicable laws, rules and regulations. No provision of this Contract, the Electric Service Rules, or the applicable Electric Service Schedule shall be deemed to have been waived unless such waiver is expressly stated in writing and signed by the waiving party 16. Attorneys' Fees. If any suit or action arising out of or related to this Contract is brought by any party, the prevailing party or parties shall be entitled to recover the costs and fees (including, without limitation, reasonable attorneys' fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs, and deposition costs and all other costs of discovery) incurred by such party or parties in such suit or action, including, without limitation, any post -trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action 4 17. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 18. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter, and replaces and supersedes in their entirety all prior agreements between the parties related to the same subject matter. This Contract may be • • difie.1 only by a subsequent written - • dment or agreement execute b bolt- • -Aga. a CITY YAKIMA P CIF mod' EWER .11r LOA ./W or print legibly) Customer's Mailing Address for Executed Contract ATTENTION OF ADDRESS CITY, STATE, ZIP 5 3 a o ' printIgibly) DATE TITt- Pacific Power's Mailing Address for Executed Contract 500 N Keys Rd ADDRESS Yakima, WA 98901 CITY, STATE, ZIP