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HomeMy Public PortalAboutRES-CC-2017-54CITY OF MOAB RESOLUTION #54-2017 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT FOR THE FINAL PLAT OF MOAB SPRINGS RANCH, PHASE 7, ON PROPERTY LOCATED AT 1266 NORTH HIGHWAY 191 WHEREAS, Mr. McKay Edwards, "Applicant", at 1266 North Hwy 191, Moab, Utah 84532, acting on behalf of Club Utah Resort Group, LLC, applied for the approval of the Final Plat, Phase 7 of the Moab Springs Ranch Planned unit Development on the described property in the C-4, General Commercial Zone; and WHEREAS, Applicant is proposing to construct the associated private utilities and access improvements and adequate parking and landscaping for twelve building lots, as proposed on the submitted drawings, plans and specifications; and WHEREAS, the proposed lodging uses are allowed in the C-4 as listed in Moab Municipal Code (MMC) Chapter 17.65; and WHEREAS, Applicant provided the City of Moab with the necessary documents, plans, drawings, and probable costs for improvements to complete the application for review of the subdivision as required in Code Title 16.00, Subdivisions, and other pertinent code sections; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed and conditionally approved the development in a regularly scheduled public meeting for compliance with the requirements of applicable MMC chapters on July 27, 2017; and WHEREAS, Staff determined that necessary improvements needed to be constructed for the project and Applicant must execute a Subdivision Improvements Agreement with the City of Moab for said private improvements; and WHEREAS, the City Council reviewed the Agreement in a public meeting held on September 26, 2017; and WHEREAS, Applicant agrees to construct the listed improvements in the attached Development Improvements Agreement as "Required Improvements". NOW, THEREFORE, be it resolved by the Moab City Council, the adoption of Resolution #54-2017, hereby approves the submitted Improvements Agreement (attached) for the Moab Springs Ranch Phase 7 at 1266 N. Highway 191 and the Council directs the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 26, 2017. S IGNE David L. Sakrison, Mayor • Rachel Steata, Reeorder SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For MOAB SPRINGS RANCH, PHASE 7 For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and CLUB UTAH RESORT GROUP, LLC (Developer), referred to as the Parties, enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (MMC) Chapter 17.66, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. a. On or about October 12, 2004, the City and Developer entered into an Amended Pre -Annexation and Vesting Agreement, which governed the development of Moab Springs Ranch development (the Development) comprising approximately 17.81 acres within the City. b. Developer has submitted and received the necessary approvals from the City for Phase 7 of the Development (referred to here as the Subdivision), and this Agreement is necessary to govern the completion of all necessary improvements in conjunction with the recording of the Phase 7 Plat. II. AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Property) is described in Exhibit 1, attached. 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Subdivision, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall be calculated and paid at the time of connection or the time when the service is performed. a). Approved land uses for the Subdivision shall be twelve (12) multi -family residential units, a private road (Arrowhead Lane), common area, and private culinary water/sanitary sewer facilities, as shown on Exhibit 1. 3. Required Improvements. Developer shall construct all of the improvements on and adjacent to the Property shown on the Plat and Construction Plans as shown in Exhibit Club Utah Subdivision Improvements Agreement, Phase 7 Page 2 of 9 2 (the Required Improvements), including: a) private sanitary sewer lines, manholes, and other improvements; b) private culinary water lines, fire hydrants, and valves; and c) gravel roadway, concrete v-pans, curbs, gutter, and sidewalks. Required Improvements shall include the improvements shown on the Construction Plans, attached as Exhibit 3. 4, Improvements to be Completed in Conformance with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, building codes, and all state and federal regulations, as applicable. 5. Timeline for Completion. Construction of all Required Improvements shall be completed within one hundred eighty (180) days from the Effective Date of this Agreement. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Developer that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. Without limiting this provision, good cause may include an extension of time due to the need to complete building construction prior to the completion of curbing, sidewalks, or landscaping, or as otherwise needed to provide for orderly construction and avoid damage to improvements in the course of other construction. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Subdivision of the Property and all development approvals shall be deemed lapsed and shall have no further effect. 6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed and, with respect to public improvements (if applicable), accepted by the City, except that building permits may be issued if Developer provides a Financial Assurance to the City conforming to Section Eight, below. No final plat for the Subdivision shall be executed by the City or submitted for recording until such time as either: a) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section Eight is delivered to the City. Developer shall not convey or purport to convey any lot within the Subdivision prior to the recording of the final plat. Any purported conveyance of lots by Developer prior to approval and recording of a final plat of the Subdivision, or otherwise in violation of this Club Utah Subdivision Improvements Agreement, Phase 7 Page 3 of 9 Agreement, shall be void. 7. Acceptance of Improvements, Warranty. All of the public improvements comprising the Required Improvements (if any) shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Developer or its authorized representative shall provide not less than forty eight (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Developer. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Developer. Any work which is covered up prior to inspection may be rejected, in which case Developer shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the public improvements comprising the Required Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Developer to the City of all such improvements. Developer shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Developer warrants that all public improvements dedicated to the City shall be constructed in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). Developer additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of public improvements. 8. Financial Assurance. If the Required Improvements are not completed within the one hundred eighty (180) day deadline specified in this Agreement, or if Developer desires to record a final plat or obtain a building permit in advance of the completion of all of the Required Improvements, then the Developer may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements which remain to be completed. The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit, cash deposit with the City, or other financial instrument approved by the City Attorney in an amount which is not less than ninety six thousand four hundred sixty two dollars and fifty cents ($96,462.50). The amount of the Financial Club Utah Subdivision Improvements Agreement, Phase 7 Page 4 of 9 Assurance represents one hundred twenty five percent (125%) of the construction cost set forth in the Plat and Construction Plans of Exhibits 2 and 3. If a Financial Assurance is approved according to this Section Eight, Developer shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement in which to complete the Required Improvements. 9. Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section Eight, above, then the City may issue an immediate cease and desist order to Developer and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Developer fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 10. Partial Releases of Financial Assurance. Upon partial completion of any class of improvements within the Required Improvements Developer may request a partial release of the Financial Assurance. The amount of the release shall be equal to the agreed cost of the completed improvements, as determined by the City Engineer. Partial releases shall not be made for partial completion of a class of improvements. a). In order for Developer to receive such partial release, the following shall be presented to City: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City; ii. Copies of all quality assurance test results/inspection reports required for the completed improvements; iii. Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity; and iv. Copies of all invoices or receipts for materials delivered to the site and incorporated in to the work for which a partial release is being requested. b). The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. The City may adjust the amount of the request if field inspection shows that quantities are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. c). City shall process a release request promptly following receipt of a complete application. Club Utah Subdivision Improvements Agreement, Phase 7 Page 5 of 9 11. Final Release of Financial Assurance. If applicable, upon completion of all Required Improvements in accordance with the approved Construction Plans, Developer may request that the remainder of the Financial Assurance be released, provided that Developer delivers executed mechanic lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work, together with a written certification by Developer that all outstanding charges for the Required Improvements have been paid and that there are no other liens, encumbrances, or other restrictions affecting the improvements. 12. Use of Financial Assurance upon Default. Upon delivery of written notice to the Developer and expiration of any cure period, the City may then elect to draw upon the Financial Assurance as it deems necessary for the completion of improvements or cure of any default under this Agreement. 13. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements as provided in this Agreement. 14. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Developer describing the act, event, or omission constituting a default, and allowing Developer a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Financial Assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, Including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots within the real property specified in the affidavit. 15. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Developer in the ownership or development of all or Club Utah Subdivision Improvements Agreement, Phase 7 Page 6 of 9 any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement or otherwise; iii. the City is not responsible for maintenance of private improvements; and iv. except as otherwise provided herein, Developer shall have full power over and exclusive control of the Property. j). Club Utah Subdivision Improvements Agreement, Phase 7 Page 7 of 9 h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: Club Utah Resort Group, LLC Attn: McKay Edwards 1266 Highway 191 Moab, UT 84532 k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 16. Indemnity. Developer shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Developer, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 17. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 18. Grading. All grading and soil disturbance undertaken in the development of the Club Utah Subdivision Improvements Agreement, Phase 7 Page 8 of 9 Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City. 19. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties. 20. Recording. This Agreement constitutes an obligation binding upon, and running with, the subject real Property. This Agreement shall be recorded in the Grand County land records. Upon request of the Developer and verification by the City that all terms and conditions of this Agreement have been performed in full, the City shall promptly execute a release of this Agreement, which may be recorded at the discretion of the Developer. 21. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. The following exhibits are part of this Agreement: 1.—Legal Description of the Property 2. — Plat and Construction Cost Estimates This Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Developer, who represents all lawful authority to sign for and bind the entity, as of the date(s) specified below. CITY OF MOAB: n 2 (0 Mayor Maayor vid L. Sakrison Date ATTEST:-. - - Rachel S enta City Recorder R-ace- 1-7 Date " C . Rott!II , J1I% a t\  . 4-.. r', .d A . 4 l' .0 C. h C-4 Club Utah Subdivision Improvements Agreement, Phase 7 Page 9 of 9 DEVELOPER CLUB UTAH RESORT GROUP, LLC dwards, Manager STATE OF UTAH COUNTY OF GRAND } )ss. } CV/'/7(9/ Date The foregoing agreement was executed before me by Club Utah Resort Group, LLC, through McKay Edwarsds, its Manager, this M day of J e r)--Pifekt(2017. Witness my hand and official seal. My commission expires: -be e _ Z O) (1 . 1 ,,,:■,.,.CARMELLA GALLEY ' �r . r Notary Public 4 State of Utah `.;i�r Comm. No. S86544 My Comm. Expires Dec 28, 2019 STATE OF UTAH COUNTY OF GRAND )ss. } )ss. oteR -e S ate of Utah Notary Public, �I Address: The foregoing agreement was executed before me by the CITY OF MOAB, by and through Mayor David L. Sakrison, this ii± day of .tifir,,,A..bw , 2017. Witness my hand and official seal. My commission expires: l a - ►5 -a20 l0 RACHEL E. STENTA Notary Public State of Utah Comm. No. 879999 omm. Expires Ote 15. 2018 cut_12tL( Notary Public, State of Utah Address: a I� e.0-IATOL SI -End of Document- :.!1(1;:4 ra'1441 ,1412. tfo? TM1103 OP:'' 1 ty ,41:(1.0 Mtria3 yr4 „ f#16!il•• ;,•*1 Mit10;) v.03 .1? 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Moab Springs Ranch P.U.D. Phase 7 Construction Cost Estimate 6-28-2017 BY: Improvement costs within Common Private Roadway, Service to 12 Lots: I. Sanitary Sewer System Item # Description Unit Type Units Unit Cost Total 1 8-Inch PVC Sanitary Sewer Main (SDR-35) Feet 228 $ 30 $ 6,840 2 4-inch PVC Services, Including Full -Body Wye & Traffic Rated Double Clean -out assembly Number 12 $ 800 $ 9,600 3 Manholes Number 2 $ 2,000 $ 4,000 4 Clay cutoff walls Number 12 $ 150 $ 1,800 Subtotal Sanitary Sewer $ II. Water System 22,240 Item # Description Unit Type Units Unit Cost Total 1 8" PVC Water Main (C-900) Feet 247 $ 50 $ 12,350 2 Bend, 22.5 degree Number 1 $ 300 $ 300 3 8" Tees Number 2 $ 350 $ 700 4 8" Gate Valve and Box Number 2 $ 1,500 $ 3,000 5 8" Plug Number 2 $ 150 $ 300 6 3/4" Services, 3/4" IPS Poly, Meter Box Number 12 $ 1,000 $ 12,000 7 Fire Hydrant Assembly Number 1 $ 4,000 $ 4,000 8 Blow off Assembly Number 1 $ 400 $ 400 Subtotal Water System $ 33,050 III. Roads/Sidewalks Item # Description Unit Type Units Unit Cost Total 1 Subgrade Preparation Square Yards 819 $ 5 $ 4,095 2 6" Depth Base Coarse under V-Pan and Sidewalks Tons 81 $ 10 $ 810 3 6" Gravel in Roadways Tons 143 $ 10 $ 1,430 4 4" thick gravel shoulder, back of sidewalks Tons 45 $ 10 $ 450 5 3' Wide Concrete V Pan, 6" Thick Square feet 588 $ 10 $ 5,880 3 4' Wide Concrete Sidewalks, 399 LF Square feet 1600 $ 10 $ 16,000 Subtotal Roads/Sidewalks $ 21,880 Total Project Costs: $ 77,170 TOS TOS 133xS 3 0 n •��. .0tr.l 002 'ti w^1 1� S§ aE^� 3511 PE 'g O Lag PIPo0 014 m MOM 00. ••l••.... swam 9l W Sm..r ri. Vol* le rr. 7.10 lOort I r M MOM I O 11 cb'z98'o08• i no 118 '7111 '1121/Q3 NO(ltf UULIN A111Un Ito marl JO suds 3rro TM TIOwti. 41.21 lrntlr. 2.044 lla�.•i � �a� .loofa *Morn.* a..'crow. son rr.r .rV I•ar mlr. T.►.rt ele OM. •Wle I MONO MOM O Mara W OIM ••• w a a s u a MM . w QOM *IMO s rw MOB rwrw�...ra �at..r • r ac. � wr.w.. w osr..s al nr on � s.A.r. r.. s Mb. 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