HomeMy WebLinkAboutOrdinance 2024-01, Car Wash Developer Agreement Complete Ordinance with ExhibitCity of East Wenatchee Ordinance 2024-01 with Exhibit A
Page 1 of 3
City of East Wenatchee, Washington
Ordinance No. 2024-01
An Ordinance of the City of East Wenatchee authorizing the Mayor to
execute a Developer Agreement with Wash Central North LLC.
Una ordenanza de la ciudad de East Wenatchee que autoriza al alcalde
a ejecutar un acuerdo de desarrollo con Wash Central North LLC.
1.Alternate format.
1.1. Para leer este documento en otro formato alternativo (español, Braille,
leer en voz alta, etc.), comuníquese con la administradora municipal al
alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2.Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
3.Authority.
3.1. RCW 36.70B.170 authorizes development agreements between the City of
East Wenatchee and persons having ownership or control of real property
in order to establish development standards to govern and vest the
development, use, and mitigation of real properties.
3.2. East Wenatchee Municipal Code (EWMC) Chapter 19.08 establishes the
guidelines and procedures for executing development agreements.
3.3. Chapter 17.80 EWMC establishes the procedure for Site Plan Review.
4.Purpose. The purpose of this ordinance is to authorize the execution of a
Development Agreement between the City and Wash Central North LLC. The
agreement is attached in Exhibit A.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5.Amendments. The City Council hereby authorizes the Mayor to execute the
Development Agreement between the City and Wash Central North LLC as
provided in Exhibit A.
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 1 of 11
After Recording, Please Return to:
Laura Leon, City Clerk
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, is not to be relied
upon for any other purposes, and shall not affect the intent of any warranty contained in the document itself.
Document Title: Development Agreement Between the City of East Wenatchee and WASH CENTRAL NORTH LLC
Reference Number(s) of Related documents: N/A
Grantor: WASH CENTRAL NORTH LLC
Grantee: City of East Wenatchee
Legal Description: TAX 247 IN SECT 13; AKA PCL B OF BLA 3260985; Additional Legal description found on Exhibit A
of document
Parcel Number(s): 04000000804
Development Agreement Between the City of East Wenatchee,
And Wash Central North LLC
1. RECITALS
1.1. Authority.
a. RCW 36.70B.170 authorizes development agreements between the City of East
Wenatchee and persons having ownership or control of real property in order to
establish development standards to govern and vest the development, use, and
mitigation of real properties.
b. East Wenatchee Municipal Code (EWMC) Chapter 19.07 establishes the guidelines
and procedures for executing development agreements.
c. Chapter 17.80 EWMC establishes the procedure for Site Plan Review.
1.2. Parties. This Development Agreement (“Agreement”) is made by and between the City
of East Wenatchee, a Washington municipal corporation ("City") and WASH
CENTRAL NORTH LLC (“Wash Central”), a Washington limited liability company.
Wash Central may be referenced as “Developer” or “Developers”.
1.3. Location of Property and Ownership. Wash Central owns certain real property
(“Property”) containing approximately 1.33 acres, located at 111 Pace Drive, East
Wenatchee, WA, Assessor’s Parcel No. 04000000804, the legal description of which is
attached and incorporated in full as Exhibit A. The Property has frontage on Pace
Drive, and Highline Drive.
1.4. Zoning. The Property is located within the boundaries of the City of East Wenatchee, in
the General Commercial District (G-C). Development regulations applicable in the G-C
are contained in Chapter 17.42 EWMC.
1.5. Project Summary.
a. Wash Central currently has storage units on site, with one access point off Highline
Drive. The proposed project includes a 5,200 square foot car wash tunnel with space
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 2 of 11
for staff, and a 3,510 square foot 3 bay self-service car wash. Vaccums will also be
provided on site, with associated parking spaces.
1.6. Site Plan Review. The Developer submitted a building permit application to the City
dated 6/21/2023. The existing driveway accessing Highline Drive was not in compliance
with East Wenatchee Municipal Code 12.53.010, which states the property should be
accessed by the lower volume street. Through a Traffic Impact Analysis, the Developer
demonstrated a benefit to the City’s transportation system by allowing egress from this
driveway location. By this time, a planned City project had already assumed the removal
of the driveway associated with the planned development. This agreement constitutes a
compromise between the City and Developer to construct the necessary improvements to
slightly relocate the driveway, but maintain it as an egress point from the property.
1.7. Declarations.
a. The City and the Developers agree that each has entered into this Agreement
knowingly and voluntarily and agree to be bound by the terms and conditions of this
Agreement.
b. The City and the Developers agree that the foregoing terms and recitals are material
to this Agreement, and that each party has relied on the material nature of such
terms and recitals in entering into this Agreement.
1.8. Purpose. This Agreement is entered into pursuant to RCW 36.70.B.170 for the purpose
of vesting Wash Central to the maximum extent possible to the development standards
set forth in this Agreement and to the City development regulations in effect as of the
Effective Date for a period of ten years from the Effective Date, or as agreed to in an
amendment by the parties. Vesting is limited to the specific topics and subjects
referenced in this Agreement. Any development requirement of the City not addressed
in this Agreement shall apply based on the date of vesting determined in accordance
with City ordinances and state law.
NOW THEREFORE, in consideration of the mutual benefits, the Recitals above which are
incorporated into the below Agreement as binding commitments of the Parties, and of the
Development Agreement and the actions and promises set forth herein, including without
limitation the approval of the Site Plan and in accordance with the authority granted by RCW
36.70B.170 through 210; the City and the Developers enter into the following agreement to
promote the development of the Property, upon the following terms and conditions:
2. DEVELOPMENT CONDITIONS.
2.1. City approval. As a part of the City’s Grant Road Water Quality Project, the City will
construct the necessary improvements to relocate the driveway slightly to the north to
function as a future egress point to the proposed development.
2.2. Access from Public Rights of Way.
a. The Property has ±140 feet of frontage on Pace Drive, and ±160’ of frontage on
Highline Drive through a large piece of City property.
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 3 of 11
i. The above-mentioned access point on Highline Drive will be permitted as an
egress only point. If conflicts with traffic are observed once the development is
completed, the City reserves the right to limit the egress to a “Right Out”. U-
Turns would be available approximately 250’ north at the Simon Street
Roundabout. A larger version of this driveway is shown in the preliminary site
plan, and is slightly further south than the final location.
ii. The main access point to the property will be located on Pace Drive, as shown
in the preliminary site plan.
2.3. Construction. The City of East Wenatchee will include all necessary improvements for
the construction of the new driveway accessing Highline Drive. The driveway will meet
elevations provided by the Developer to ensure a smooth tie into the future development.
The final construction plans will be sent to the Developer once available to ensure the
planned improvements align.
2.4. Cost of Construction. The Developer will reimburse the City actual costs of the
construction of these improvements. Approximate costs include:
• Retaining Wall - $10,000
• Paving/Surfacing - $5,000
• Curbing – $4,000
• Driveway Approach - $2,000
• Contingency - $4,000
The Developer understands that these are estimated costs, and may be more, or less
depending upon bids received by the City. The City shall seek reimbursement from the
developer once improvements are substantially completed, and the developer has had the
opportunity to inspect the improvements.
The City will pay all design costs associated with these improvements, estimated at
approximately $5,000.
2.5. Utility Connections. All extensions of, or connection to, utilities shall be made in
accordance with the standards and specifications of the utility provider. The Developer
shall arrange for construction inspection and tests to be performed by the utility as
required by that agency or district.
2.6. Construction Plan Approval Process. The review and approval of the construction plans
shall comply with the process set forth in Chapters 12.50 - 12.60, including without
limitation, the following:
a. Prior to construction of any Project improvements, a complete set of preliminary
construction plans must be provided to the City (2 copies), and all utility purveyors
for review and approval. Said plans shall show all proposed Project improvements
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 4 of 11
including retaining walls, driveways, stormwater systems, sanitary sewer, domestic
water, irrigation water, power, and telecommunications systems.
b. Prior to the commencement of construction activities, all construction plans shall be
prepared in final form and presented to the East Wenatchee City Engineer,
Community Development Director, Wenatchee Valley Fire Department, and all
utility purveyors with infrastructure within the Project area for their signatory
approval (the “Final Construction Plans”). The Developer is responsible for
supplying two paper copies of the approved and signed Final Construction Plans to
the City of East Wenatchee and a set to and all utility purveyors prior to
construction of the improvements.
2.7. Benefits. The City recognizes the public benefits which will accrue from the permanent
development of the property as proposed by Wash Central
2.8. Council Approval. Pursuant to RCW 36.70B.200, a public hearing has been held before
the City Council and the Council has enacted Ordinance No. 2024-01 authorizing the
Mayor to enter into this Agreement.
3. DISPUTE RESOLUTION
3.1. Party Consultation. In event of any dispute as to interpretation or application of the terms
or conditions of this Agreement, the Developers and the Mayor shall meet within ten
business days after request from any party for the purpose of attempting, in good faith, to
resolve the dispute. The meeting may, by mutual agreement, be continued to a date
certain in order to include other parties or persons, or to obtain additional information.
3.2. Judicial Appeal. Any aggrieved party may appeal the decision of the Mayor to the
Douglas County Superior Court, as may be allowed by law and court rules.
4. GENERAL PROVISIONS
4.1. Hold harmless. Wash Central shall keep and save the City harmless from any and all
claims, liabilities judgments, costs, damages, and expenses arising from any negligent or
intentional acts or omissions that may be done or suffered to be done under this
Agreement by Wash Central, by any of their agents, servants, contractors, or employees,
and shall keep and save the City harmless from any and all claims, liabilities,
judgments, damages, costs or expenses, which may arise from any negligence of
Wash Central, by any of their agents, contractors, or employees in obstructing, or in any
manner disturbing any municipal improvement and shall keep and save the City
harmless from any and all costs, damage, or expense arising from any obstruction of any
city streets or from any disturbance of any existing municipal improvement due to the
construction of the access points set forth in this Agreement.
4.2. Hold harmless. The City shall keep and save Wash Central harmless from any and all
claims, liabilities judgments, costs, damages, and expenses arising from any acts or
omissions that may be done or suffered to be done under this Agreement by the City, by
any of their agents, servants, contractors, or employees, and shall keep and save Wash
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 5 of 11
Central harmless from any and all claims, liabilities, judgments, damages, costs or
expenses, which may arise from any negligence of the City, by any of their agents,
contractors, or employees in obstructing, or in any manner disturbing any municipal
improvement and shall keep and save Wash Central harmless from any and all costs,
damage, or expense arising from any obstruction of any city streets or from any
disturbance of any existing municipal improvement due to the construction of the access
points set forth in this Agreement.
4.3. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of each party hereto. The parties acknowledge that Wash Central
shall have the right to assign or transfer all or any portion of the interests, rights and
obligations under this Agreement to other parties acquiring an interest or estate in the
property. Consent by the City shall not be required for any transfer or rights pursuant to
this Agreement. It is the intent to have this Agreement, so long as it is in force, to be
considered, interpreted, and regarded as a covenant running with the land as to Wash
Central’s Property.
4.4. Reservation of Authority to Impose New Regulations. Notwithstanding the vesting
described in Section 1.8 above, the City specifically reserves authority, pursuant to RCW
36.70B.180(4), to impose new or different regulations to the extent required by a serious
threat to public health and safety.
4.5. Transfer of Ownership. The Developer’s right to sell, transfer, mortgage, convey or take
any other similar action regarding the title to or financing for the Property shall not be
infringed by this Agreement, provided however that any such transfer, sale, etc. shall be
expressly subject to the terms and conditions, rights and obligations of this Agreement
and the Site Plan. In any proposed transfer, the Developers (and any subsequent
transferor) shall give actual notice to the interested party of the existence of this
Agreement.
4.6. Obligations of Successors. This Agreement and the Site Plan shall be binding on all
subsequent purchasers, lessees or lessors, and transferors of every nature.
4.7. Authority. The Parties warrant and represent to each other that the execution of this
Agreement by their respective officers or agents has been duly authorized and that this
Agreement, when fully executed, constitutes a valid, binding and legally enforceable
obligation of itself.
4.8. Modification. This Agreement shall not be modified or amended except by mutual
written agreement executed by the City Council and by the Developers or their
respective successors in interest.
4.9. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by
the parties. No other understanding, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either of the parties hereto.
4.10. Enforcement Authority. Nothing in this Agreement shall alter or change the City’s
enforcement authority under the City code or state law.
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 6 of 11
4.11. Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to
achieve the objectives of this Agreement. The parties shall not unreasonably withhold
requests for information, approvals or consents provided for, or implicit, in this
Agreement.
4.12. No Presumption Against Drafter. This Agreement has been reviewed and revised by
legal counsel for all parties and no presumption or rule that ambiguity shall be construed
against the party drafting the document shall apply to the interpretation or enforcement
of this Agreement.
4.13. Execution by all Parties and Counter Parts. This Agreement shall not become
effective and binding until executed by all parties. This Agreement may be executed in
two (2) or more counterparts, each of which shall be deemed an original and all of which
shall constitute a single instrument, and the signature of any party to any counterpart
shall be deemed a signature to and may be appended to any other counterpart.
4.14. Notices. All communications, notices and demands of any kind which a party under
this Agreement is required or desires to give to any other party shall be in writing and be
either (1) delivered personally, (2) sent by facsimile transmission with an additional
copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid,
return receipt requested, and addressed as follows:
City of East Wenatchee
Public Works Manager
271 9th Street NE
East Wenatchee, WA 98802
Wash Central North LLC
416 S 72nd Ave
Yakima, WA 98908
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such notice
shall be given. Following the closing of any action transferring ownership of the
property, the new owner shall notify the City in writing to remove a party from the
notification list.
4.15. Effective Date and Recording. This Development Agreement, when approved by the
City Council and executed by the parties hereto, shall be effective when recorded by the
Douglas County Auditor in accordance with the provisions of RCW 36.70B.190 (the
“Effective Date”). All costs of recording shall be borne by the Developers.
4.16. Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement
the intent of the parties to the maximum extent allowable under law.
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 7 of 11
4.17. No Joint Venture. This Agreement is for the purpose of establishing development
standards to govern and vest the development, use, and mitigation of the Wash Central
Property. By entering into this Agreement, the Parties do not engage in any form of
partnership or joint venture. Neither the Developer nor the District has authority to act
on behalf of the other.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set out next to
their signatures.
CITY OF EAST WENATCHEE
By: Attest:
Jerrilea Crawford, Mayor City Clerk Laura Leon
Date: ______________________ Date: ______________________
Approved as to form only:
___________________________
Robert R Siderius, City Attorney
Wash Central North LLC
By:
Name:
Title:
Signature:
Date:
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 8 of 11
State of
ss.
County of
I certify that I know or have satisfactory evidence that
_______________________________________ is the person who appeared before me and he/she
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the ______________________, for Wash Central
North LLC to be the free and voluntary act for the uses and purposes mentioned in this instrument.
Dated: This ______ day of _________________, 2023.
Signature of Notary
Print Name
NOTARY PUBLIC in and for the State of
Washington residing at
My Appointment Expires:
State of
ss.
County of
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 9 of 11
I certify that I know or have satisfactory evidence that
_______________________________________ is the person who appeared before me and he/she
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the ______________________, for Wash Central
North LLC to be the free and voluntary act for the uses and purposes mentioned in this instrument.
Dated: This ______ day of _________________, 2023.
Signature of Notary
Print Name
NOTARY PUBLIC in and for the State of
Washington residing at
My Appointment Expires:
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 10 of 11
Exhibit A
Legal Description
Per BLA 2023-01, AFN 3260985
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Development Agreement Between the City of East Wenatchee, and Wash Central North LLC
Page 11 of 11
Exhibit B
Site Plan
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Exhibit A
City of East Wenatchee
Ordinance 2024-01
Exhibit A
City of East Wenatchee
Ordinance 2024-01