HomeMy Public PortalAboutRES-CC-2014-46Resolution #46-2014
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE UTAH DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MOAB FOR THE LEASE OF LIONS PARK
WHEREAS, the City of Moab, the Utah Department of Transportation (UDOT), Grand County and
other agencies have been collaborating on the financing, planning, design and construction of a
new Lions Park to be located at the intersection of Highways 191 and 128; and
WHEREAS, the City of Moab has agreed to operate and maintain the park once it is constructed;
and
WHEREAS, the property on which the park is to be located is partially owned by UDOT and
Grand County; and
WHEREAS, the City intends to lease the property on which the park will be located from UDOT
and Grand County; and
WHEREAS, the Lease Agreement between UDOT and the City is attached to this resolution; and
WHEREAS, the start date of the Lease should be November 1, 2014; and
WHEREAS, minor typographical errors in the agreement should be corrected.
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE
THE LEASE AGREEMENT AS PRESENTED, WITH A START DATE OF NOVEMBER 1, 2014 AND
WITH THE CORRECTION OF TYPOGRAPHICAL ERRORS, AND AUTHORIZE THE EXECUTION OF
THE DOCUMENT BY THE APPROPRIATE OFFICIALS.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this 28TII day
of October, 2014.
CITY OF MOAB
By:
Attest:
Rachel E. Stenta
City Recorder
Resolution #46-2014
David L. Sakrison
Mayor
Page 1 of 1
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LEASE AGREEMENT
THIS LEASE AGREEMENT is made this geday of Ochl2er 2014, and entered into by and
between the UTAH DEPARTMENT OF TRANSPORTATION as "Lessor" (Landlord) and THE
CITY OF MOAB as "Lessee" (Tenant).
1. LEASED PREMISES (Premises):
Landlord hereby leases to Tenant certain Premises located on the NE corner of an intersection
at SR-128 and US-191 and further identified on the attached Exhibit "A" as Lease Area 1 and
Lease Area 2.
2. PURPOSE:
As per the Federal Aid Agreement for Local Agency Project between the Utah Department of
Transportation and The City of Moab executed in October of 2013 and identified as Agreement
Number 148305, (hereafter referred to as the "Agreement") attached as Exhibit "B", Landlord
leases to Tenant the Premises identified on pages 9 and 10 of the Agreement. The Tenant
acknowledges that the lease of said Premises is temporary and the Premises may be used for
future widening and expansion of SR-128 and/or US-191 as determined by the Landlord.
Tenant may use the Premises solely for purposes intended for the Lions Park Facility as
outlined in this Lease Agreement. No other uses are authorized.
3. TERM:
The term of this Lease Agreement shall be thirty (30) years commencing on October 1, 2014
and expiring on September 30, 2044.
4. CONSIDERATION:
The rent payment for this term is $300.00. Tenant shall pay Landlord in full at the time this
Lease Agreement is executed. If tenant fails to pay the rent, UDOT may withhold funding for
Tenant's road projects or B and C funds until the entire payment is made.
5. CONDITION OF PREMISES:
Tenant hereby accepts the Premises in the condition existing as of the date of the execution
hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances
and regulations governing and regulating the use of the Premises, and accepts this Lease
Agreement subject thereto and to all matters disclosed thereby. Tenant acknowledges that
neither Landlord nor any agent of the Landlord has made any representation or warranty with
respect to the condition of the Premises or the suitability thereof for the conduct of Tenant, nor
has Landlord agreed to undertake any modification, alteration or improvement to the Premises.
Tenant agrees to accept the Premises in its presently existing condition "as is," and Landlord
shall not be obligated to make any improvements or modifications thereto. Tenant represents
and acknowledges that it has made a sufficient investigation of the conditions of the Premises
immediately prior to the execution of this Lease Agreement and is satisfied that the Premises
are fully fit physically and lawfully for Tenant's desired use identified in Section 2 of this
PIN 990000 Project No. F 5(SP1540) 1 of 20
Parcel 7
Lease Agreement and that Tenant accepts all risks associated therewith.
6. COMPLIANCE WITH LAW:
Tenant shall not use the Premises or permit anything to be done on or about the Premises which
will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental
rule or regulation or requirements of duly constituted public authorities now in force or which
may hereafter be in force, or with the requirements of the State Fire Marshal or other similar
body now or hereafter constituted, relating to or affecting the condition, use or occupancy of
the Premises. Tenant agrees to obtain any licenses, permits and other necessary authorizations
from Federal, State and local agencies. Tenant shall not allow the Premises to be used for any
unlawful purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the
Premises. Tenant shall not commit or suffer to be committed any waste in or upon the
Premises and shall maintain the property in compliance with all applicable City and County
ordinances.
7. CONDUCT OF OPERATIONS:
a. Lease Area 2 allows striping, curb and gutter, sidewalk, pedestrian access ramps, and
parking stalls to be placed within its boundary. These improvements are temporary in
nature, and may be removed without detrimentally impacting the Lions Park facilities.
Lease Area 1 allows for construction of facilities more permanent in nature, such as
facilities related to circulation of traffic, parking and picnic areas, sidewalks, restroom
facilities, outdoor amphitheater, bike racks, trail, etc. It is understood by both parties that if
the improvements are removed in Lease Area 1, it will detrimentally impact the
functionality of the Lions Park facilities. All improvements in Lease Area 1 and Lease
Area 2 shall be completed at Tenant's expense and all work shall be completed in
accordance with the plans and specifications as approved by Landlord at the sole expense of
the Tenant as per the official construction plans of Project No. F-LC19(14): Lions Park
Trail and Transit Hub. Improvements placed on the Premises by Tenant shall remain the
property of the Tenant and may be removed by Tenant at any time so long as removal does
not violate any term or condition of the Agreement or this Lease Agreement. Shall Tenant
choose to remove any improvement to the Premises, Tenant's obligation to restore the
Premises to a clean and presentable condition as per Section 7f of this Lease Agreement
shall be upheld. As per Section X of the Agreement, the Tenant is responsible for the
maintenance of all completed Tenant owned facilities and improvements located on or
about the Premises, with the exception that Landlord is responsible for maintenance of
completed curb, gutter, sidewalk, and pedestrian access ramps within Lease Area 2.
b. Tenant shall not allow any Hazardous Materials to enter the Premises.
"Hazardous Materials" shall mean those materials, substances, wastes, pollutants or
contaminants which are deemed to be hazardous, toxic or radioactive and shall include but
not be limited to those substances defined as "hazardous substances," "hazardous
materials," "hazardous wastes," or other similar designations in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
§ 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the
Hazardous Materials Transportation Act 49 U.S.C. § 1801 et seq., and any other federal,
state or local governmental statutes, laws, codes, ordinances, rules, regulations and
precautions, or by common law decision, including, without limitation, (i)
PIN 990000 Project No. F 5(SP1540) 2 of 20
Parcel 7
trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii)
petroleum products or byproducts, or petroleum, including crude oil or any fraction thereof,
or natural gas, natural gas liquids, liquefied natural gas, synthetic gas or mixtures of
synthetic gas and natural gas, (iii) asbestos and (iv) polychlorinated biphenyls.
c. Premises will be used for purposes only as identified in Section 2 of this Lease Agreement.
d. Tenant grants Landlord the right to enter the Premises at all times for the maintenance,
construction, reconstruction, or inspection of the Premises or any adjoining highways.
Landlord will exercise reasonable care as not to interfere or negatively impact Tenant's
operations.
e. Landlord reserves the right to re -occupy the Premises at no cost if the area is required for
transportation purposes as defined in Utah State Code 72-5-102, or to dispose of the
Premises. Landlord shall give a minimum of twelve (12) months written notice of its intent
to re -occupy the Premises identified as Lease Area 2, and the portion of this Lease
Agreement associated with Lease Area 2 shall terminate at the end of the twelve month
notice period. Landlord shall give a minimum of twelve (12) months written notice of its
intent to re -occupy the Premises identified as Lease Area 1 and this Lease Agreement shall
terminate in its entirety at the end of the twelve month notice period. Tenant will be
required to remove all improvements from the Premises at the sole expense of the Tenant
no later than the date(s) of termination with the exception of the curb, gutter, sidewalk,
pedestrian access ramps maintained by Landlord as defined in Section 7a. of this Lease
Agreement.
f. Tenant is responsible for all costs, fees, maintenance, and utility charges in connection with
Tenant's use of the Premises. Tenant agrees to keep the Premises in a clean and orderly
condition during occupancy and, upon expiration or early termination of this Lease
Agreement, return the Premises to a clean and presentable condition, as determined by
Landlord, and in compliance with all applicable City and County ordinances.
g•
No ingress or egress other than presently existing or approved will be allowed on the
Premises, unless it is approved in writing by Landlord.
h. This Lease Agreement is subject to any and all easements and rights -of -way and restrictions
appearing of record or enforceable in law and equity and does not include any provision for
the collection by the Tenant of any equity or income resulting from the existence of any
easement, right-of-way or other restriction.
8. INDEMNITY:
The Tenant shall hold the Landlord harmless from any damage, liability, claims, judgments or
losses arising out of or attributable to any acts and/or activities undertaken or permitted by or
on behalf of the Tenant or Tenant's agents or employees on the Premises. The obligation to
indemnify shall survive the expiration or termination of this Lease Agreement. Tenant shall
obtain and keep in force a policy of liability insurance for the Premises and activities in an
amount and type that would be reasonable for the activities and Premises described in this
lease. The amount shall be a minimum of $1,000,000. Tenant will list Landlord as co-insured
on the insurance coverage.
PIN 990000 Project No. F 5(SP1540) 3 of 20
Parcel 7
9. ASSIGNMENT:
This Lease Agreement may not be assigned, nor transferred, by Tenant.
10. NOTICES:
Any notices or changes must be in writing and delivered to the
Landlord at the following address:
Utah Department of Transportation
4501 South 2700 West
Po Box 148420
Salt Lake City, Utah 84114-8420
801.965.4209 / Fax 801.965.3 822
11. TERMINATION:
Tenant at the following address:
City of Moab
217 East Center St.
Moab, Utah 84532
435.259.5121
a. If, upon inspection, the Premises are not found to be properly maintained, Tenant will be
given a notice of the findings and a deadline to correct the problem. Non-compliance with
such notice shall constitute a breach and possible termination of this Lease Agreement.
b. Tenant shall be liable to Landlord for any and all costs incurred as a result of any breach by
Tenant.
c. Landlord is not abandoning any rights or interests in the Premises for transportation
purposes as defined in Utah State Code 72-5-102 or the right to dispose of the Premises
according to Utah State Code 72-5-111. The Tenant, a voluntary party to this Lease
Agreement, is not entitled to compensation for any costs, including but not limited to
relocation benefits or moving expenses, which may be incurred by Tenant as a result of the
expiration or early termination of this Lease agreement. If Landlord requires the Premises
for transportation purposes, Landlord shall give Tenant written notice of early termination
as per Section 7e of this Lease Agreement.
d. The obligations of Tenant with respect to restoration and indemnification shall survive the
expiration or early termination of this Lease Agreement. Landlord's rights to recover
damages for which Tenant is liable shall not be limited by the expiration or early
termination of this Lease Agreement.
12. MISCELLANEOUS:
a. The captions of the sections of this Lease Agreement are inserted for convenience only and
shall not be used in the interpretation or construction of any provisions of this Lease
Agreement.
PIN 990000 Project No. F 5(SP1540) 4 of 20
Parcel 7
b. If any provision of this Lease Agreement is held invalid or unenforceable, the holding shall
affect only the provision in question and that provision in other circumstances, and all other
provisions of this Lease Agreement, shall remain in full force and effect.
c. The failure of a party to insist upon strict performance of any provision of this Lease
Agreement shall not be construed as a waiver for future purposes with respect to any such
provision or portion. No provision of this Lease Agreement shall be waived unless such
waiver is in writing and signed by the party alleged to have waived its rights.
d. Any ambiguities in this Lease Agreement shall not be strictly construed against the drafter
of the language concerned, but instead shall be resolved by applying the most reasonable
interpretation giving full consideration to the intent of the parties at the time of execution.
e. In any action brought to enforce the terms of this Lease Agreement, the Parties agree that
the appropriate venue shall be the Seventy Judicial District Court in and for Grand County,
Utah.
13. ENTIRE AGREEMENT:
This Lease Agreement constitutes the entire agreement between the parties and no prior written
or prior oral promises or representations shall be binding. This Lease Agreement may not be
amended, changed or- altered except by written instrument signed by both parties.
Parties to this Lease Agreement sign below:
Dat
tom:( ._)
Tenant: City of Moab
By: David L. Sakrison
Its: oorfriCOn u a ,,f
Date
Landlord: Utah Dept. of Transportation
By: Lyle McMillan
Its: Director of Right -of -Way
PIN 990000 Project No. F 5(SP1540)
Parcel 7
5 of 20
Exhibit A
The "Premises"
PIN 990000 Project No. F 5(SP1540) 6 of 20
Parcel 7
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Lease Area #1
Moab City
Beginning at a point in the existing easterly highway right-of-way line of US
Highway 191, at a point 46.00 feet perpendicularly distant northwesterly from the
centerline of SR-128, opposite approximate Engineer's Station 11+10.01 said point
being N.01°09'32"W. 2,953.52 feet along the section line and East 1,145.86 feet from
the Southwest corner of Section 26, T.25S. R.21 E., Salt Lake Base and Meridian and
running thence along said easterly right-of-way line the following three (3) courses: (1)
N.38°1628"W. 412.21 feet; (2) thence S.75°00'39"W. 5.45 feet; thence N.38°16'28"W.
91.40 feet to a point in the approximate northerly edge of a trail; thence along said
northerly trail edge the following eleven (11) courses: (1) East 17.32 feet; (2) thence
N.75°00'00"E. 29.50 feet; (3) thence N.72°52100"E. 60.00 feet; (4) thence N.75°45'00"E.
123.00 feet; (5) thence N.66°08'00"E. 34.50 feet; (6) thence N.82°00'00"E. 25.00 feet;
(7) thence S.77°45'00"E. 24.00 feet; (8) thence N.88°00'00"E. 30.00 feet; (9) thence
N.80°30'00"E. 68.00 feet; (10) thence N.85°18'00"E. 21.00 feet; (11) thence
N.88°00'00"E. 163.00 feet; thence S.02°00'00"E. 14.00 feet; thence S.89°00'00"E.
45.00 feet; thence N.88°30'00"E. 61.88 feet to the intersection of the approximate
northerly edge of a trail and the existing northerly highway right-of-way line of SR-128
as referenced in UDOT project S-0344(1) at a point 102.72 feet radially distant
northwesterly from the centerline of SR-128, opposite approximate Engineer's Station
16+71.43; thence S.14°30'33"W. 92.01 feet to a point 32.93 feet radially distant
northwesterly from the centerline of SR-128, opposite approximate Engineer's Station
16+15.00; thence southwesterly 203.59 feet along the arc of a 533.00 foot radius
non -tangent curve to the left, (chord bears S.52°01'59"W. 202.36 feet) to a point 33.00
feet radially distant northwesterly from the centerline of SR-128, opposite approximate
Engineer's Station 14+23.64; thence S.47°50'21 "W. 71.34 feet to a point 46.00 feet
radially distant northwesterly from the centerline of SR-128, opposite approximate
Engineer's Station 13+58.57; thence S.33°38'04"W. 248.57 feet to the point of
beginning.
The above described parcel of land contains 3.725 acres or 162,273 square feet
in area.
PIN 990000 Project No. F 5(SPI540) 8 of 20
Parcel 7
Lease Area #2
Moab City
Beginning at a point in the existing highway right-of-way line of US Highway 191
at a point N.01 °09'32"W. 2,968.38 feet along the section line and 1,134.43 feet East
from the Southwest corner of Section 26, T.25S. R.21 E., Salt Lake Base and Meridian
and running thence S.33°38'04"W. 31.56 feet; thence N.38°1628"W. 197.29 feet;
thence N.51 °43'32"E. 30.00 feet to a point in said easterly right-of-way line; thence
along said right-of-way line S.38°16'28"E. 187.49 feet to the point of beginning.
The above described parcel of land contains 5,772 square feet in area or 0.132
acre.
PIN 990000 Project No. F 5(SP1540) 9 of 20
Parcel 7
Exhibit B
The "Agreement"
PIN 990000 Project No. F 5(SP1540) 10 of 20
Parcel 7
State of Chaff
Exhibit "B"
Department of Transportation
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PIN 990000 Project No. F 5(SP1540)
Parcel 7
11 of 20
. .P.EE WENT
Now, ti•ierefore, the parties agree as follows:
f. Descriptioit of the Project.
II. UDOT's boles and Pesponsibilities, on a Federally Funded Local Government Project as follows:
A. Oversee compliance with federal and state regulations.
B. Ensure treirsportation project oversight as oeiiined in 23 CFI .
C. Assign a UDOT Project Manager to:
1 Assist the Local Government Project Manage- to monitor scope-, s' I tedule, budget, and help track
expenditures (luring ail phases of the projeer.
2. Assist in project riot• moniierina; by reviewing and discussing identified risks and mitigation ellorts.
3. For project:. approved through the Waeetch Front Ri=.gional Council (WFRC), assist in early coordination
with UDOT's Environmer ital staff during pry:l laration of the environmental do:.• anent.
4. Prepare and process the federal aid agreement before project initiation.
a. Help administer Consultant qualifications -based selection, negeilation of contract, and contracting process
for all phases •)f ti.e Project.
6. Assist the loc..,f agency to process and approve Consultant Pay Requests.
7 Coordinate and participele in design review meetings to ensure the fedora:ter-approved, UDOT design
process is followed.
8. Coordinate to ensure ongoing ccaimunication with the local project sponsor
9. r:oordinate payment of local government matching, betterment or other funding to UDOT prior to projei.l
advertisement.
10. Assi..' the Local Agen( y in preparing and executing Utility Reimbursement Agreement. as re. wired.
11 Coordinate betterment items and finalize agree-ments prior to construction advertising.
12. Assist with the federally -approved construction advertising and award processes.
13. Coordinate with the Local Project Manager to review and recommend change orders for approval.
14. Coordinate the UDOT project closeout process.
lll- Local Agency Roles and Responsibilities on a Federally Funded Local Government Project.
The Locai Agency shall manage the Project in compliance with tederal and state laws and regut.:lions. The
Local Agency shill monitor the quality of work being per!' armed on the Project and daily activities and issue.- with
the consultants. For Class B and C rc .ids, the Locai Agency assumes responsibility for the design, construction
quality and rraaintenance of the road.
A The Local Agency shall aeeign a repot esentative to s-rve the Locai Project Manager to:
1 Research, understand, and take responsibility for federal requirements by its acceptance of federal funds.
2. Coordinate with the UDOT Project Manager concemino the funding.
3. Committee (MPO's, etc.) for funding and expenditure time -frames, scope issue::: and delivery schedule.
4. Manage the day -toe -lay activities of the Project as follows:
a. Consultant and pro :.sional services La,- • on the Project.
b. The Local Agency shall recommend and approve consultant pay requests.
c. Project scope, schedul' budget, and quality.
d. Coordination of details, decisions and impacts with the local jurisdiction's community councils,
commissions, legal counsel, department heads, political levels. engineering and priblic works
departments, etc.
e. Coordination with the assigned UDOT Project Manager
f. Project risk monitoring by reviewing and discussing identified risics and mitigation efforts.
g. Monitor project schedule and progress of all project taste to ensure a timely delivery of the project.
h. Schedule discussion should be held in all preconstruclion and construction project progrer• meeting.
2 of 10
PIN 990000 Project No. F 5(SP1540)
Parcel 7
12 of 20
i. Oversee projc et compliance with federal and state transportation project process( s These
responsibilities include (but ale not limited to):
1) Pa ticipate in the federally approved consultant qualifications -based selection, negotiation of
contract, and contracting process for all phases of the project.
2) Participate a!, the active lead in project team meetings as well as all field and plan reviews.
3) Ensure NEPA Environmental clearances and approvals are cs tained.
') Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all
design exceptions; :waivers or deviations are obtained and have the nece nary signatures in
place.
5) Ensi:re acid certify that rigi•t of way acquisitions follow the federai Uniform Act and comply
with state right of way acquisition policy. including rules, and meet all Project right of way
commitments.
G) Ensure construction standards and s...ecifieations are met.
7) Oversee project construciion management opeirations; progress, documentation and quality
inspection to meet stale and federal contract administra.tion .oquirements.
j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper
doeumeni ation, easements and agreements in place. The local Agency shall provide to UDOT
Region Utility Coordinator the Project utility certii,cation prior to construction advertising.
x. Ensure required documentation is in place before submitting the advertising package to UDOT for
advertising through its federally -approved process.
I. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and
betterment funds prior to advertising.
m. Approve the fins advertising package and obtain local signature approval before proceedine to
advertise.
n. Review the abstract If bids and recommend to the UDOT Project Manager award of the project.
o. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer
(IRE).
p. Review ail construction change orders for approval and submit them to UDOT Project Manager for
e .view and processing.
q. Review the project budget ter changes related to change otters, quantity overruns, incentives, fuel
and asphalt adjustments, etc.
r Ensure materi;ils comply with the current UDOT Materials Testing and Acceptance Manual and the
UDOT Minimum Sampling and Testing Requirements
s. Assist io provide all documentation needed for construction project close out including Buy America
certification.
t. Coordinate the project close out process by timely closing all.open contracts and agreements.
u. Provide right of way certification verifying all required right of way has been purchased prior to
advertising
This list of roles and responsibilities is not comprehensive but describ. ss the g, terat roles of the Local Agency.
IV Funding. Upon signing thi: agreement, the Local Agency agrees to pay its estimated matching shise in
phases when reque led by UDOT Phases typically include environmental, design, right of way and construction.
The local match for this project is represented by the percentages of the Total Project Value shown below. In
addition the Local Agency agrees to pay 100% of the overruns that exceed $1.8..:),592. and any ineligible costs
when requested by UDOT
All project costs not reimbursed by FHWA shall be the responsibility of the Local Agency. No costs are
Eiigible for federal aid reimbursement until authorized by the FI-IWA through Form R-709, Request for Federal Aid
Project Approval, separate from this Lcicai Agency Agreement.
For the specific funding for the project. see page 1 Statewide Transportation Improvement Program}
(STiP).
UDOT will request payment of matching shares and overruns through an email that will be sent to
Rebea Andrus at IREGi._CCN:..7 ri0/-,BCITY ORCthe Local Ageney Contact. The Local Agency shall pay within
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PIN 990000 Project No. F 5(SP1540)
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30 days after each payment requ( t. The Local Agency shall make the cheek payable to the Utah Departme it of
Transportation referencing the project number- above and mai. to UDOT Comptrolier's Office, 4501 Soleil 2700
West. Box 1415010, Salt Lake City. Uteh R.1114-1510.
The Local Agency shall be responsible for all costs associet►rl with the project which are not reimbursed
by the federal government. For a Joint Highway Committee project, the federal participation for construction
engir Bering cost! is limited to 20 percent of the construction contract costs.
Funds regime ead beyond the amount set forth will require execution of a Supplemental Financial
Agreement.
If the project has cost overruns, the Local Aie Tncy shall pay the adedional amount required within 30 days
of receiving the Invoice. Should the Local Agency fail to reireburef UDOT for costs is tet xceed the federal
nimbursemeie federal funding for other Local Agency projects or GetC road funds may be withheld until payment
is made.
If the advanced amount exceeds the Local Agen: V's share of project cest, UDOT will return the amount of
overpe ement to the Local Agency upon financial cl, )sure of the project.
costs.
UDOT shall provide the Local Agency with a quarterly statement reflecting a cost sumw -fry of project
V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project
cost incurred after Fl-IWA approval for authorizaEen to proceed (form R709) and in conformity with applicable
federal and state laws. Ater lofted Lo+ ail Agency reimbursement claims should be submitted to UDOT Project
Manager Reimbursements to the Local Agency for right of w:;y claims are +:'assified as a pass -through of Federal
funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision,
and other overheeil shall not be eligible for federal participation unless an indirect cost plan has been approved
by the Federal government
The Lace! Agency shall coirply with 23 CFR Section 710.203 for FHWA reimbursement requests of real
property acquieitions. A Local Agency shall not request reimbursement for excess acquisitions which are not
eligible for FHWA reimbursement under 23 CFR Section 710.203 blie:'..:ww.( ec acce, :_c,. Wellercaifi
VI. Federal Aid Project. Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, Office of
Management and Budget Circulars A-102, A-87 and A-133, policies and procedures promulgated by FHWA,
UDOT Local Government and State Aid Project Guide: UDOT's Right of VVay Operational Manual and the Federal
Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects.
VII Project Authorization for Federal Aid. The Weal Agency, through UDOT must oteain an Authoi cation to
proceed from FHWA before beginning work on any federal aid project. Federal funds shell not participate in co' is
incurred prior to the date of authorization, except as provided by 23 CFR Section 1.9(b).
VIII. Liability. Local Agency agrees to hold harmless and indemnity UDOT its officeet, employees and agents
(Indemnities) from and against all claims. suits and costs, including attorneys' fees for injury or dam: ege of any
kind, arising out of the Local Agency's negligent or intentional acts., errors or omissions in the performance of this
Project, and from and against all claims, suits and costs, including attorneys' lees for injury or damage of any
kind, arising out of Indemnities' failure to inspect, discever correct, or otherwise address any defect, dangerous
condition or other condition created by or resulting from Local Agency's negligent or intentional acts, errors or
omissions in the performance of this Project.
Any periodic plan and specification review or cons -!ruction inspect,en perfumed by UDOT arising out of
the performance of the project does not relieve the local Agency of its duty in the performance of this Project or
to ensure col nptiance voith acceptable siendards.
IX. Single Audit Act. *The Locat Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office
of Management and Budget (OMB) Circular A-1?a, Audits of States, Local Governments, and Non -Profit
Organizalions, hap://wveg,. llitchp.: @.:ree lomii,C:irctr. r . :1 ^'?;g133.i1triti. A sub -recipient who expends S500,000
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PIN 990000 Project No. F 5(SP1540) 14 of 20
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moi• lit Sederal avt.::rds firm» ail 'll;,11 have a s.inuls slit( Iwo
perfoiii lor that y( in al:et.$1(!ance.s: au; pi( r..ision 011.4l3 ct!Lr 1...11)(4) col ision , 4 Ihe A-1
Olt it t(- Loc.. ti Shall 1( I oonsible Jor • ss 1:411 inp 111;11 copy (il the repo, Ha (Mall
h;:rlair:iii 01 hi.- mai ill.0(Ili 1V7. Cilv Utah c,11144-,:-,-.0.
s•, • Local I-. is :L.,: and r( :.iore eat s. •hip( :tructia•
neeirly I: pe:4;ibit in it: s cen:.iruci(1: or irapis si in .., • tio in)!
I, sderal re, tiiiiern,
Lot:ai P.(i( notify al id csiopes air,: will, Willie.. compaiii • haYii$1) i.s, IIIII s. in di( 1.•411.
iccAndatv • veil') U1;:11Curl(- cs)eclion 51 •:
Tho ;11 imj..i.ley :AIM! Tilly, in as,;(:,-..)((larit:(-. : • ...floe reloc,,lian
iibursernent:. lo he; made in accola ince will% firovisionf, of c;ectiois (i.ii:...107(a) t,lfl not th)
of .1 t.1:,e Hold occUpancy as-Heel-M:11i; Ot COniraci, b(dv.,,(31 Ille islilily ,trui lilt Local Aft ncv,
•;oiely lor the poi po.., of implenienliii9 ...al( sly COI I ociiv, re, luce the ro;,(1.4(1(s, ha; of ltihty
to Ow ti:,;(-} provttioll in 2.:4 CF1*-! Socison
Thi 1.01 P.poney :hall joie( Hiijibilliv IOW t11.:4,1 4 o.I
.i.c:11.i f aij ...,111Ori: 1:q•• :‘; t.ln Lot. AI
».9(,:nUV 0:hk, /;910 'Went Or Onlinan(A• It not -4:0,:itt. tit II+ LII )( oc:i the
A!tenc:v ,Ily :b1( I() :ii uiititt, : ." kir ii:lot-uatioci
Utility relocn• d ;.tio....111(11 I(.11.)0 ae polo-Ku-1(1d iis c
-;111,1,)011. A, .4)(1 '411.110C1 1:? L;',Ctinn C:jo!.1.410, Poy Am( I '.i.quilernei its.
In ;$(..00rdaoce C:FR (....15 701: U-.),11,e Li Auorts.!, \will provide a tit:tie st; of proit),:iion to
tip Ho ,W; .,1( il(,:nt to or mo, thin (Malt Pule 930-7 A.:coittiiindation
),11, Availability of 1(ot:of-di For a period not it (:1) y( Ilr ituin the (411,• of final proier,t ',to. • lot
feilor;11 !owcat intent, the Loc.a! Auen$:y art:Ninth I!) reo (iglliHlsing to the fedei al lid pi oje(:, :ire to he 1.epi
ivailabl4 for ift.per;iii in and audit 11R- •;1; itr and iedia (li lws:mm(111. or lurid:41-(i upon 1(-:111.11 t.i.
Xill. Right Of %MINI. LOLA AgenCy all the rewired riot it , 4 !way foi the Project in complsan,
will) 73 CFR f-4,otinn 71.").30f1, 49 CAT:1'mi and UDOT (414/ay Oi ationsfili; int ial. Th, Local Ar)eni:,,
-.11:)11m( 11)(• 1191-it s if way module in ePI:JI ioi On, ., UR. neci riuhl of twat' s: ,(.quips.!.
:,1Aqistricy s.hall ()Hain UDOT's eel All iile noce...ary right 4 way a str:t be ohiained ille 1i!‘.1.-;
orlverty.., it. No linuirtlions conc. fit 1.,? right (); %,,av :,1lowe(;. I at U13(1T (1(.11)t-ol w. ...4tifsc; filo, it.
(01 it Ivortif the t..111Pwing:
tyal the :nal; comply will) CI 1' lion, 71 U. it!!! :liri 710. ifl.
The Loc.:11 Ari(sncy shoulti tiny( [11(1)(11y mai saw:men} recon15.. \which invisnioniss of 1. s. $1 pi oi .111v
(/)10.1(loserl !.. (1.3 rirOjui:1 II Lot. -,11 fq, dolor 111:,i it .11 ipir+p(qh, inilially
}lie 1,I,Jjeci is declaied ,1110 tik1)0'.,,,.; of Ill(- • 1_0( ..1Apency rnti.:I conlidy :1.1:'
Thi!. requip tl lot Ilic Fetti:rol slime of net income ft inn Ole ,.,;11( or I( .1..e of f, ..11 oprs.:ity acquired will,
Federal as..ial;.inco be id Jur 7iile 01:014 i(itijoGts. fs. •Ier to • . s s . for
additional inforni.•,lion. The Lor.:al Agency sirril depo..it the nc,I oc...r..*(1:. itcun the or Ir:;.”:0 with Ut.)(fl- to be
inivit.urdt: a Talc proj(-:c( aulhori: f•:(1 I,v the .111.10pm-11i. tiv,tropolibin phnion9 1.!; .,lion or
the Joh 1-lighw:iy Cot timilk-e.
':IV CIThrigt, set reLoyni,t,!.. INA if a 1,;PI(w.t scope changt- from the
originiil intent of the project :•ipplic file proier:i nc.,:d to be lied by Ile locoonaiblis a(loncy that
putgraiiimml the priluct. 7'.uch a review myri:-.1111iilappiov:11 of the :.(3)1(1; (Jiang( removal lrom the ph:pi:in
or atipp-linent in the I( ...feint aid fun, I:. proorarnioed for tta
Local Agency respi.in:4111i for theschedule of the project. If ojt-.:(-.1 annot pi
pro9immt:(1, the resporigitile aiiency may adwinc(; other pi ojet:1:,. iegulic the project i() wail to:
no. d 1%.,ailable funding.
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Any change order required to n:eet the terms and conditions of the construction contract will be initialed
by UDOT UDOT will naity the Local Agency of any such change orders. At the Local Agency's request, UDOT
will initiate change orders that cover betterments.
The Local Agency shall be responsible for 100% of die costs of all change orders on the Project not
reimbursed by FHWA
XV UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design
plan reviews, advertising, cotr:•truction materials verification/certification, te::hnical assistance, engineering
servic: or other services as needed. Appropriate charges for these costs will be included in invoices to the Local
Agency.
XVI. Additional Contracting Party. If the Local Agenc v desires to be an addiiional contracting early and an
additional bondholder or obligee on the performance bond for Ciaes B and C roads, a signet! letter on official
letterhead by the governing body of the Local Agency shall be an attachment to thie Federal Aid Agreement. This
provision applies only to federally funded projects and only on B and C roads.
XVIi. Termination. This agreement may be terminated as follow,.
1 By mutual agreement of the parties, in writing.
2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the
provisions of this agreement. Thirty day written notice to terminal& the Agreement will be provided to the
other party describing the noncom:=>liance of the Agreement. If the noncompliance is not remedied wirhin
the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is
viola i� .g the Agreement that may result in harm to the public, inappropriate use of federal funds or if the
Federal Highway A, irninistration req.:eels immediate ten i iination, UDOT may terminate the Agreement
without giving the thirty day not i•; e.
3. By UDOT for- the a :ovenieeee of the sa rte upon written notice to the Local Agency.
4. By Ut70T, in the event that construction of the project for which this design engineering is undertaken is
not started by the close of the fifth fiscal year foiiowing the fiscal year in which ti Os agreement is executed.
In the event of termination. the Local Agency sh tll pay all of UDOT's costs regardless of whether the Project is
constructed.
XVIII. Miscellaneous.
1 This Agreement cannot be altered or amended, except pursuant to art instrument in writing signed by each
of the parties.
2. If any term or provi• ,,gin of this Agreement :r application to any person or circumstance shall, to any extent,
be invalid or unenforceabie, then the remtainder of this Agreement shall not be affected and each term,
condrron and provisi ,:t of this Agreement shall be valid and enforced to the fullest extent permitted is y law,
so long as removing the severed portion does not materially alter the overall intent of this Agreement.
3. The failure of a p Arty to insist upon strict performance of any provisions of this Agreerner it shall be
construed as a waiver for future purposes with respect to any such provision or portion. No provision of this
Agreement shall be vvaived unless such w :;ver• is in writing and signed by the party alleged to have waived
its rights.
4 Each undersigned represents and warrants that each has been duly authori: ed for all necessary actin• •, as
appropriale, to execute this Agreement for and on behalf of the respective parties
5. The parties shall not, by this Agreement nor by any act of either party. be deemed principal and agent,
limited or general partners, joint ventures or to have any other similar relationship to each other in the
conduct of their entities.
X IX. Content review
Language content was reviewed and approved by the Utah AG's office on March 20, 2013.
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PIN 990000 Project No. F 5(SP1540) 16 of 20
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GENERAL (FHWA) PROVISIONS FOR FEDERAL -Alta AGREEMENT
1 General Provisions: The Grantee will comply with all Federal laws and requirements which are applicable to grant agreements, and imposed by the
Federal Highway Administration fFHWA) concerning special requirements of law. program requirements. and other administrative requirements
2 Modification: This agreement may be amended a! any time by a written modification proper-. executes by both the FHWA and the Grantee
3. Retention and Custodial for Records:
(a) Financial records,supporting documents, statistical records. and all other records pertinent ie this instrument shall be retained for a period of
three (3) years with the following exceplior.:
(1) If any litigation, claim, or audit is starteo before the expiration of the 3-year period: the records shalt be retained until all litigation claims, or
audit findings involving the records have been resolved
(2) Records for non-expendabie property, if any. required with Federal funds shall ee rerarned for three years after its final disposition
(3) When records are transferred to or maintained by FHWA. the 3-year retention requirement is not applicable to the recipient.
(b) t he retention period starts from the dale of the submission of the final expenditure report
(c) The, Secretary of Transportation and the Comptroller General of the United Stales, or any of their duly authorized representatives, shalt have
access to any pertinent books, documents, papers and records of the recipient, and its contractors and subcontractors, to make audits,
examinations, excerpts, and transcripts
4. Equal Employment Opportunity:
(a) The application/recipient agrees to incorporate in al! contracts having a value of over $10.000, the provisions requiring compliance with Executive
Order 11246, as amended, anti implementing regulations of the United States Department of labor at 41 CFR 60, the provisions or which, other
than the standard FFO clause and applicable goals for employment of minorities and womer, may he incorporated by reference
(b) fhe application/recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase
orders for material supplies. or equipment over S10,000 in value will incorporate the required EEO provisions in such contracts and purchase
orders
(c) the applicant/recipient further agrees that its own employment policies and practices wilt be without discrimination eased on race, color, retigion,
sex, national origin, handicap or age; and that it has or will develop and submit to FHVVA by August 1 an affirmative- action plan consistent with
the Uniform Guidelines on Employee Section Procedures, 29 CFR 1607, and the Affirmative Action Guidelines, 29 CFR 1608.
5 Copeland Act: All contracts in excess of s2,000 for construction or repair awarded by recipient and its contractors or subcontractors shall include a
3provision lot compliance with the Copeland "Anti -kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part
). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, and person employed in the
construction, completion, or repair of public work or give up any part of the compensation to which he is otherwise entitled. The recipient shall report
all suspected or reported violations to FHWA.
E. Davis -Bacon Act: VVnen required by the Federal program legislation, all construction contracts awarded by the recipient and its contractors or
subcontractors of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C, 2762 to a-7) and as supplemented
by Department o1 Labor regulations (29 CFR, Part 5). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the Secretary of Labor In addition_ contractors shall be required to pay
wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shalt be conditioned upon the acceptance of the wage determination. The recipient shad report all
suspected or reported violations to the GICAO
7 Contract Work Hours and Safety Standards Act: Where applicable, all contracts awarded by recipient in excess of $2,500 that involve the
employment of mechanics or laborers, shall include a provision for compliance with sections 103 alto 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327.330) as supplemented by Department of labor regulation (29 CFR, Pan 5). Under section 103 of the Act, each
contractor shalt be required to compute the wages or every mechanic and laborer On the basis of a standard workday of 8 hours and a standard
workweek. of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not
less than 1-2 limes the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or ii0 hours in the workweek. Section 101 of
the Act if applicable to construction work provides that no laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated
by the Secretary of Labor. These requirements do not apply to the purchases of supplres or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission or intelligence.
a Access to Records: All negotiated contracts (except those of s 10,000 or loss) awarded by recipients shall include a provision to the effect that the
recipient, FHWA, the Comptroller General of the United States, or any of their duly authorized representatives. shall have access to any books.
documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations.
excerpts, and transcriptions.
9. Civil Rights Act: the recipient shall comply with. Title VI of the Civil Rights Act of 1964 (Ps. 88-352), and in accordance with Tills VI of that Act, no
person in the United States shall on the ground of race-, color, or national origin, be excluded from participation in, be denied that benefits of, or be
otherwise subjected to discrimination under any program or activity for which the recipient received Federal financial assistance and shall
immediately take any measures necessary to effectuate this Agreement. It seal! comply tvilh Title Vi of the Civil Rights Act of 1964 (42 U.S.0
2000d) prohibiting employment discrimination where
(a) The primary purpose, of and instrument is to provide employment. re
(b) Discriminatory employment practices will result in unequal treatment of persons who are or should be benefitting from tee gran( -aided activity
10 Nondiscrimination. The apphcartUrecipient hereby agrees that, as a condition to receiving any federal financial assistance from the Department cl
Transportation, it will comply with 'idle Vi of the Civil Rights Act of 1954 (78 Stat. 252, 42 et.S.C. 2000d), related nondiscrimination statutes, and
applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap
or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for
which the applicant/recipient receives Federal financial assistance. The specific requirements of the United States Department of Transportation
standard Owl Rights assurances with regard to the Slates' highway safety programs (required by 49 CFR 21.7 and on file with the U.S. DOT) are
incorporated in this grant agreement
11 Rehabilitation Act The: recipient shall comply vile Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.L. 93-112), and all
requirements imposed by or pursuant to the regulations of the Department of Heatth, Education, and Welfare (45 CFR, Pals 80, 81, and 84).
promulgated under the foregoing statute it agrees that in accordance with the foregoing requirements, no otherwise qualified handicapped person,
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PiN 990000 Project No. F 5(SP1540) 17 of 20
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...I...L. 4 ..1•••110 n I,trar.tpziivoi in, Ft dE iliP 1,11, :lit of. or I. clit:•:;finin;:nol, any pi,,» •,,, or
ij,„ I- tD •al a: • ..e, rh!,i .•a,r, rn, , tuts .„. , , .
12. r.sa,..,eri intern 1:10.13 (tinfiniiii (II I 'P. L.w..11h n,tliuuktf hqhtslcd It..: hyrli,h1 of it in all oilier clev. Sop. .1 in itie
du! Atsseemi.sit, meltudinct ilt.t right to me sant, on any other (7:ett.r•inmElit worn without addiliotsul co,,i to FIrltftg..
1$ of • •quipioi., it El....limed in plow ors wil• be d to the current •.•• 1,,i•int. An updated inventory will ht. prot,in• •I i
14 This s,ant is &nip! ceroilions in the endo..(••• Negoli.itiont)ocurnent
15 Lno.1-Ft..r. tk.ort.placc• 11%. a...airq, the usrlit. the cerliftes that it is in coritplkoic• Int ree A, (.' t U ' Sec.
/(i1 ) two inipl• 'twining :• p.'• I.:sal 29) recititn; in part, 6119 WA: in woil,tvict ne,lr, 111(
FElv.:i• of ilitpk.,yri: col ivictionf. 1tr AI dr:lions of law: ,ccurrit., IR Ilie wuskpirte...- tal.c. -Immortal( pel ,t..1111"i siction a
c onvicit.,; t.iitplc.,•• • .• II • "twit. to ,;..ticih,:lc; a ditto abuse .4 •::!1:01,.. 01,1:)11/11.
16. Unlit:111On 011 Ut.t. 0% i truss:. tor Lobbylou iol (4:.htti. in I. 10031110: f sr wino !hit •Iiiont the recipient rIr?...lai••• th„.. it c Ir
..ontoraii•te : t: :••••. :!•;• .7111,1i piolimilt ihr WA": Of I tliti(tf ,Ifilnopirapri hind!: to influ•nc.• olon:1•.:iiiploycte, oi t:iunlhe:r }I
!.! in cijruweism. wit!. Ile irial:sup nisidify.allois A any FcAletal waist lo:tn contsact or poopez.iIive ...weihs,sit. I Ink? Ust: hshq...mi of funzis
IS 011,e,.../., r> report.• 1 fr, i 1 ihe ismi chmtilitt.••• a ti..:1;aatio. fund:, inclucfshEt siol Federally innintirial• ,w,re IL; • it
or .0..L.A te.u.1 10 it.. Gil %:11.1erit: of ....shoiratl in of :110,000 MUM III:A.4' the. .:Linc. declaration: 5)1;04 ptcink,r)).
VOithi....pr-iti to the payior It' of fulls!! nol ;11.rgiMlial",1 IT lilt, :(1:11,;(411 :ilia loc1Pierilt rnir.t report to IN 1 Mc
alet ado, -.5 of • ,ch pi•moni. n, or r....1ohni..i; fo; IL; ihe amount loud. and Iht fos which the pep pant
t,)
FHWA-1273 (1=• • 3-94)
I 0 - - 1
8 oi 10
!Will Hr. ii:11 It I C. (.1 '1
i ift ;111(
by
Rely.
Date _ • .;
11 If.f ; r:c-finpir
i I
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Date
• -
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PIN 990000 Project No. F 5(SP1540) 18 of 20
Parcel 7
s• TTA C H IVf ENT A
To
FEDE1!AL Al11 AGPI:r ENT UM1;1`1C
L i Q. N S P “I l •.. `l'r' A l l r C TPA'- :- I T MTh
Th
F-LCI9(14)
l UDOT will le tse its property ("L, .rsed Property'') (See Exhibit A) to the City for use as Lions
Park through a leis.•,! agreement separate from this document. Until such time as the lease agreement has been
executed by the parties, UDOT will allow immediate acet-ee to the; Leased Property ihr the construction of on
and off-:.ite Project related improvements required finr the Project. Upon both parties signing this kreement,
the City has the. right to enter and construct said project. Any construction shall be performed in strict
compliance with plains prepared by the City and approved by UDOT However, the City may not perform any
work, within the: traveled portion ofUDOT's right-of-way, I:iock tra:lis or close lands unless it obtains the
appropriate permits from UDOT The City will provide all documentation, drawings, exhibits: property
descriptions, right -of way lines and other information requc ged by UDOT for preparation of the lease
agreement. UDOT will prepare the 1CNSC agreement. Unless UDOT provides written pei mission otherwr,e, the
project cannot be advertised until the le,ex agreement has been executed between UDOT and the City.
2. The City will design and construct lions Park with an access point to SR-128. This access point
will be constructed as ::hown in Exhibit .A and is :,object to UDOT approval in the final designed plan set. 'rhe
lower portion of the park will be act essed via an access drivc in materially the stint?e location as it currently
�' 1F.1:• LOOT will not require Otis access drive to be relocated as part of the construction of the Lions Park
Project so long as the f tutetionality and safety of SR-128 are not compromised. UDOT will review and approve
the access drive: its part of the final &sig net, plait Set prior to the project being advertised.
3. UDOT has identified the intersection of SR- 128 and US.;-191 potential future widening
project. The total right-of-way width required along Sit-128 for the widening is 110 feet. The existing right-of-
way half,, kith of apprt, innately 90 feet along 1.3S-191 must be preserved. The C'ityi's Project may not
negatively impact or decrease the:. widdts :At US-191 and SR-12,: UDOT will allow parking stalls inside it,
right-of-way along US-191 as shown in Exhibit A if the design allows for the removal of those parking stalls in
a manner that is not detrimental to vehicle circulation and the City is willing 1.0 reMoVe them at the City's cosi if
neces:•.try for UDOT's road improvement projects as determined by UDOT More comprehensive requirements
for the site and harking lot design including control of pedestrian a, s will be detailed in the Lease
Agreement.
4. The City, thi'ote t its de: ,gin, will allow and provide UDOT with a maintenance access for the
Colorado River Bridges. These maintenance activities include; but are not limited to, work on all bridge
elements, fencin e, cut anti fill slopes, harrier, and signing. The location and means of maintenance aece:,s shall
be defined in the Lease Agreement.
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PIN 990000 Project No. F 5(5P1540) 19 of 20
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PIN 990000 Project No. F 5(SP1540)
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