HomeMy Public PortalAboutRES-CC-2017-63CITY OF MOAB
RESOLUTION #63-2017
A RESOLUTION APPROVING THE FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENTS
AGREEMENT FOR THE SLOT CANYON RENOVATION PROJECT AT 245 WILLIAMS WAY
WHEREAS, Mark Holt and Lorin Mortensen acting on behalf of Cascade Creek, LLC, with offices at 251 South
839 East, Smithfield, Utah 84335, as the "Owner" of record of 245 Williams Way, Moab, Utah, a .10 acre (4,400
square feet) parcel of land located in the C-2 (Commercial Residential Zone), applied for the approval of a
commercial site plan on said property; and
WHEREAS, on June 16, 2016, Owner provided the City of Moab with the necessary documents, plans and drawings
to complete the application for review of the commercial site plan as required in Code Chapter l 7.09.660; and
WHEREAS, the City of Moab Engineering and Public Works Departments determined that required public
improvements needed to be constructed for the project; and
WHEREAS, the City Council approved the Development Improvements Agreement for the Slot Canyon Renovation
Project on February 14, 2017 based on Owner -furnished cost estimates for required improvements and initiated
construction of sanitary sewer improvements as required; and
WHEREAS, the City agreed to pay the Developer the sum of S7,000.00 for additional work necessary to improve
the sanitary sewer line in Williams Way; and
WHEREAS, a small portion of the street chip seal project was not completed because of congestion at the job site;
and
WHEREAS, the City of Moab and Cascade Creek, LLC, agreed that it is appropriate to disburse the amount owed
for the work less $750.00 that will be used to cover the costs of the chip seal to be completed in the spring of 2018.
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #63-2017, hereby
approves the submitted First Amendment to the Improvements Agreement (attached) for the Slot Canyon
Renovation Project at 245 Williams Way and the Council authorizes 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
Deceptber 12, 2017.
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Davidl. Sakrisoh, Mayor
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Rachel Stenta, Rec_order
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FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENTS AGREEMENT
For
Slot Canyon Renovation Project
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Cascade Creek, LLC, a Utah limited liability company (Developer) mutually referred to as
the "Parties", enter into the following First Amendment to the Development
Improvements Agreement (the Agreement), pursuant to Moab Municipal Code Section
17.09.660 et seq., to govern the development of the subject property and the
installation of required improvements.
I. RECITALS.
A. Pursuant to the Agreement the City has agreed to pay the Developer a total of
$7,000.00 to cover certain additional improvements to the City sanitary sewer system.
The Developer has substantially completed those sanitary sewer improvements, with
the exception of a small area that requires installation of chip seal material. Because of
the unavailability of asphalt, completion of that work must be delayed until the spring of
2018.
B. The parties have conferred and agreed that it is appropriate to disburse the
balance owing for the work to the Developer, less the sum of $750.00 to cover the cost
of the chip seal material to be installed in the spring of 2018.
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE, THE AGREEMENT IS AMENDED AS FOLLOWS:
1. This City is authorized to immediately release the sum of $6,250.00 to the
Developer in payment for sanitary sewer improvements specified in Section Four of the
Agreement. The City shall retain $750.00 to cover the cost of the chip seal
improvements (Retained Funds).
2. The chip seal work shall be completed no later than July 1, 2018. Upon
confirmation by City staff that the remaining chip seal work is complete, the City shall
release the balance of the Retained Funds.
3. All other terms and conditions of the Agreement shall remain in full force and
effect.
Slot Canyon Development Improvements Agreement -First Amendment
Page 2 of 2
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 has
duly authorized execution, as of the date(s) specified below.
By:
Mayor David L. Sakrison Date
ATTEST:
By: 6{-Ug , mot
11
Rachel Stenta-
City Recorder
DEVELOPER: CASCADE CREEK, LLC
By:
Mark Holt, Manger
Date
Date