HomeMy Public PortalAboutRES-CC-2015-22RESOLUTION # 22-2015
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE PLANNED UNIT DEVELOPMENT, KNOWN AS "DEER TRAIL
SUBDIVISION" AND AUTHORIZING THE RELEASE OF THE PERFORMANCE
GUARANTEES ASSOCIATED WITH SAID IMPROVEMENTS
WHEREAS, the City of Moab (the "City") and Scott McFarland ("Owner") entered into an
Improvements Agreement dated November 3, 2014 covering the public improvements associated with
the above named planned unit development; and
WHEREAS, the Owner provided Performance Guarantees in the form of an Escrow Account naming
the City as beneficiary, in order to secure performance of the improvements provided in the
Agreement; and
WHEREAS, the Owner has performed all improvements pursuant to the Agreement; and
WHEREAS, City staff has inspected the completed public improvements and found that they are fully
acceptable in their design, workmanship, and construction quality; and
WHEREAS, City staff has certified that all charges for labor, materials, and/or services have been
paid in full and no liens have been attached against the property or the improvements; and
WHEREAS, the Owner will warrant the completed improvements for a period of one year from the
date of approval of this document; and
WHEREAS, pursuant to the Agreement, the Owner is entitled to a Full Reconveyance of the Escrow
Account less 10% of the estimated cost of said improvements as a warranty for the Deer Trail
Subdivision;
NOW, THEREFORE, the City Council, as the governing body of the City of Moab, does hereby
resolve to 1) accept the public improvements identified in the Improvements Agreement; and 2)
authorize the Mayor to execute Full Reconveyances of the Escrow Funds less the 10% of the estimated
cost of said improvements as a warranty as identified in the Subdivision Improvements Agreement.
Passed and adopted by action of the Moab City Council of the City of Moab, Utah in open
session this 9`h day of June, 2015.
Rachei E:_St-enta, City Recorcter
Resolution #22-2015
Mayor David L. Sakrison
June 9, 2015
kkokitir I it wit
.ti /,
• • • ( ��\ 1 1l
1y
t `�w
? / . s
1
.1. f
�.
I ,
f
��I♦�_..• _ 1
-1? kl
/�� f"11111111 00 (
Planning and Zoning Department
CenterSUBDIVISION
217 East Center Street
Moab, Utah 84532MOAB+ PH: 435-259-5129
FAX:435-259-0600
IMPROVEMENTS PERFORMANCE GUARANTY
rifY OlpCity
`� ''
�
ESCROW FINAL RELEASE REQUEST FORM
Subdivision Name:
Deer Trail Subdivision
Phase No.:1
Partial Release Request No:
FINAL RELEASE *
Owner/Developer:
Scott McFarland
Date of Request:
May 22, 2015, 2015
Payment to(Contractor):
Date of Subdivision Improvements Agreement:
High Pine Construction
November 6, 2015
OWNER/DEVELOPER CERTIFICATE
The undersigned certifies that: (1) all previous releases received from
Moab City on account of Work done under the Subdivision
Improvements Agreement (SIA) have been applied on account to
discharge Owner's/Developer's legitimate obligations incurred in
connection with Work covered by prior release Requests; (2) title of all
Work, materials, and equipment incorporated in said Work or
otherwise listed in or covered by this release Request will pass to City,
or other public service provider as applicable, at time specified in SIA,
and shall be free and clear of all Liens, security interests and
encumbrances; (3)1 certify that all improvements completed in
accordance with the Approved Construction Plans are under warranty
for one year from the date of acceptance by resolution of the City
Council.
Boy .0s6f.
Date:
May 22, 2015
Attach the Following supporting documents:
III Copies of all lien waivers for both materials and labor '
supplied for this project.
p:lplannng department iormslstaff formsldeertrail performance guaranteelrelease request #24
final.docx
1.Original Guaranty Amount
2. Balance in escrow as of 05/22/2015
3. Amount Requested
4. Balance to Remain in Escrow
$ 154,968.00
94,677.00 w/out interest
88,386.00 w/interest
$ 6,291.00
Release of: $88,386.00
Requested by:
Approve
Completed by: Date: (City Treasurer)
(explanation below)
(City Manager)
*Final payment of escrow fund balance upon completion of the project, less Warranty
Assurance Funds as indicated above, to remain in escrow for one year from the date of
acceptance by resolution of the City Council.
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Heila Ershadi
Doug McElhaney
Kirstin Peterson
Gregg W. Stucki
- INTEROFFICE MEMORANDUM
Date:
To:
From:
Subject:
May 26, 2015
Rebecca Davidson - City Manager, Jenny Ross - City Treasurer
Jeff Foster- Public Works Director
s sz,44,..>50r0/(66
Request for approval to disburse funds associated with the Deer Trail
Subdivision located at 790 West 400 North
The Utility and Surface Improvements associated with the Deer Trail Subdivision
are now complete. Scott McFarland has requested that all unused funds associated
with the development (less Warranty Assurance Funds) be refunded to him at this
time.l am requesting that these funds less the Warranty Assurance Funds be
refunded to him as soon as possible.
First EPA Green Power Community in the Nation
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Heila Ershadi
Doug McElhaney
Kirstin Peterson
Gregg W. Stucki
- INTEROFFICE MEMORANDUM
Date:
To:
From:
Subject:
May 22, 2015
Rebecca Davidson - City Manager, Jenny Ross - City Treasurer �'\
Jeff Foster- Public Works Director 6-0-lc.. StiApNsor� 'CJ
Request for approval and acceptance of the improvements associated with the
Deer Trail Subdivision located at 790 West 400 North
The Public Works Department has inspected the remaining improvements
associated with the Deer Trail Subdivision. After creating a punch list for items to
be repaired and the contractor having completed the corrections, It is my
recommendation that the city accept the improvements constructed and installed
by Scott McFarland and High Pine Construction at the above location.
First EPA Green Power Community in the Nation