HomeMy Public PortalAboutRES-CC-2014-48CITY OF MOAB
RESOLUTION #48-2014
A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AGREEMENT AND ESCROW AGREEMENT
WITH SCOTT MCFARLAND, FOR THE DEER TRAIL TOWNHOME SUBDIVISION ON PROPERTY LOCATED AT
792 WEST 400 NORTH IN THE R-4 ZONING DISTRICT
WHEREAS, Scott McFarland, "Applicant," has provided the City of Moab with the necessary documents, plans
and drawings to complete the application for review of the Final Plat of the proposed Deer Trail Townhome
Subdivision as required in Moab Municipal Code (MMC) Title 16.; and
WHEREAS, Applicant desires to construct a six -unit townhome subdivision on the described property which is
an allowed use in the R-4 Zone under an approved subdivision plat; and
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly
advertised public hearing for compliance with the requirements of MMC Title 16, Subdivisions September 25,
2014 and subsequent to the hearing unanimously adopted Planning Resolution # 13-2014 and found that the
development met or can meet the requirements of MMC Title 16 and Title 17; and
WHEREAS, the City Council reviewed the subdivision at a regularly scheduled meeting on October 14, 2014, and
again on November 6, 2014, and having considered Staff recommendations, and discussed the pertinent aspects
of the development, determined that the Final Subdivision Plat of Deer Trail Townhome Subdivision has met or
can meet the requirements of Title 16 and Title 17 of the Moab Municipal Code conditions; and
WHEREAS, the City Council has approved the Final Subdivision Plat of Deer Trail Townhome Subdivision; and
WHEREAS, Applicant is required to complete public and other improvements for the Subdivision; and
WHEREAS, A Subdivision Improvements Agreement between the City and Applicant is needed in order to
provide for the completion of, and financial assurance for, the required improvements for the Subdivision; and
WHEREAS, An Escrow Agreement is needed in order to provide for the financial assurance for the required
improvements; and
WHEREAS, the Subdivision Improvements Agreement and the Escrow Agreement have been presented to this
meeting of the Moab City Council; and
NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #48-2014 hereby
approves the Subdivision Improvements Agreement and Escrow Agreement with Scott McFarland, and
authorizes the appropriate officials to execute and deliver said agreements.
PASSED AND APPROVED in an open meeting by a majority vote of the Governing Body of Moab
Ci ncil on ovembe 6, 2014.
SIG
Davi Sakrison;_ `.far
ST:
Rachel Steiita,-Recorder
Resolution #48-2014
SUBDIVISION IMPROVEMENTS AGREEMENT
For
Deer Trail Townhome Subdivision
Scott McFarland
The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Scott
McFarland, (hereinafter "SUBDIVIDER") mutually referred to as the "Parties", do
hereby enter into the following Agreement, pursuant to Moab Municipal Code
(hereinafter: "City Code) Section 16.20, to cover the installation of subdivision
improvements required by City Code (hereinafter: the "Required Improvements").
I. RECITALS.
A. The City Planning Commission ("Commission"), as the recommending
body to the Land Use Authority for preliminary subdivision plat approval,
after following all required procedures and meeting noticing requirements,
approved a Preliminary Plat for the Deer Trail Townhome Subdivision on
September 25, 2014.
B. The Commission, after following all required procedures and meeting
notice requirements, recommended conditional approval of the Final Plat
for the Deer Trail Townhome Subdivision to the Moab City Council
("Council").
C. The Council, as the Land Use Authority for Final Subdivision Plat
approval, approved the Final Plat of the Deer Trail Townhome Subdivision
(hereafter "the Subdivision" or "the Plat") at its regular City Council
meeting on October 14, 2014.
D. SUBDIVIDER has submitted to CITY for its review construction plans and
specifications, having been prepared by Souder Miller and Associates
(SMA) and bearing the stamp of a licensed Professional Engineer
(hereinafter: the "Construction Plans"). Said Construction Plans show in
sufficient detail the Required Improvements for the Subdivision.
E. The Construction Plans have been reviewed and approved subject to such
modifications as may have been specified by each of the following entities:
(i) The City Engineer with respect to site grading, pathway, street, and
storm water drainage improvements,
(ii) The City Public Works Department with respect to public culinary
water and sewer improvements.
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1lPage
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 2 of 8
1. Covered Property. The real property subject to this Agreement (hereinafter; the
"Property") is described as follows by survey:
SURVEYOR'S DESCRIPTION
A PARCEL OF LAND IN THE SW 1/4 SE 1/4 SECTION 35, T2SS, R21E, SLBM. GRAND COUNTY, UTAH,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 2" ALUMINUM CAP 190107-2201 IN A MONUMENT BOX FOR THE SE CORNER
OF SAID SECTION 35;
THENCE ALONG SOUTH LINE OF SAID SECTION 589°54'00"W A DISTANCE OF 1675.60 FEET;
THENCE N00°27141"W A DISTANCE OF 24.80 FEET TO THE POINT OF BEGINNING;
THENCE N00°03123"W 125.05 FEET;
THENCE N89°54'40"E 179.63 FEET;
THENCE 500°12'42"W 124.77 FEET;
THENCE 589°49'14HW 179.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.514 ACRES, MORE OR LESS.
2. Required Improvements. SUBDIVIDER will make all improvements to the
property shown on the Construction Plans. Required Improvements shall include
but not be limited to the following:
(a) Site clearing and removal of obstructions are required, but shall be
performed under a separate Improvements Agreement with the Housing
Authority of Southeastern Utah.
(b) General site grading is required, but shall be performed under a separate
Improvements Agreement with the Housing Authority of Southeastern
Utah.
(c) Site utilities including culinary water and sanitary sewer and electric stub -
outs
(d) Streets, curb & gutter, and sidewalks
(e) Street striping and signage
(f) Storm water drainage facilities, including grading and berming, are
required, but shall be installed under a separate Improvements Agreement
with the Housing Authority of Southeastern Utah.
3. Improvements to be Completed in Conformance with Construction Plans.
Improvements shall be completed in conformance with the approved Construction
Plans. All changes to the Construction Plans must be authorized in writing by the
City Engineer. In addition, all improvements shall be completed in conformance
with the City of Moab Public Improvement Specifications, and all state and
federal regulations as applicable. Where discrepancies occur between the
Construction Plans and the listed reference standards, the reference standard shall
prevail.
4. Building Permits. No Building Permits will be issued until the final plat is
recorded AND a financial assurance as provided for in this agreement has been
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 3 of 8
filed.
5. Acceptance of Improvements, Warranty. All work shall be subject to quality
assurance testing and inspection as specified in the Construction Plans and/or
applicable reference standards. SUBDIVIDER or SUBDIVIDER's authorized
representative shall provide 48 hours minimum notification to CITY as applicable
when inspection by either entity is required. The costs associated with such
testing and inspection shall be the responsibility of SUBDIVIDER.
(a) Upon satisfactory completion of improvements as evidenced by inspection
& testing as applicable, all water and sewer mains shall be dedicated to the
CITY and all street and public pathway improvements in public rights -of -
way shall be dedicated to CITY.
(b) SUBDIVIDER warrants that all public improvements dedicated to CITY
shall be constructed in a workmanlike manner and 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 CITY.
(i) SUBDIVIDER shall promptly repair or replace any defective work
following receipt of written notice under this warranty from the
CITY.
(ii) SUBDIVIDER additionally warrants that all public improvements
shall be delivered free and clear of any lien or encumbrance.
(c) SUBDIVIDER shall post with the city an amount not to exceed 10% of
the total costs of construction of the Required Improvements for a
warranty period not to exceed one year of the date of final inspection and
acceptance by the CITY. The warranty amount shall be promptly returned
to SUBDIVIDER upon expiration of the one year warranty period. This
amount shall be in addition to the 140% Performance Guaranty provided
for below, for a total initial financial assurance of 150%.
6. Performance Guaranty/Financial Assurance. Pursuant to City Code 16.20.060,
SUBDIVIDER has elected to post a performance guaranty with CITY prior to
recordation of the Plat.
(a) SUBDIVIDER shall post a financial assurance, in the form of an escrow
account, for the use and benefit of CITY and/or any subcontractors,
laborers, or suppliers providing labor or materials for construction of the
Required Improvements. The amount of the assurance shall be 140% of
the estimated cost of the Required Improvements remaining to be
completed at the time of the posting of the financial assurance. The cost
estimate is attached hereto as Exhibit A. It is the SUBDIVIDER's
responsibility to contact the City Manager to arrange for the posting of the
financial assurance. This financial assurance shall be in addition to the
10% of total construction cost warranty amount provided for herein, for a
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 4 of 8
total initial financial assurance of 150%.
7. Recordation of Plat and Filing of Financial Assurance. If the financial assurance
in 9(a) above has not been established before the six-month time frame to record
the final plat, CITY shall issue an immediate cease and desist order to
SUBDIVIDER and all work shall be discontinued until such time as an acceptable
financial assurance has been established. In no case shall any building permits be
issued until the required financial assurance is received by the CITY. Recordation
of the Final Plat shall not occur unless SUBDIVIDER files an acceptable financial
assurance with the City, as provided for herein. If SUDIVIDER fails to file the
financial assurance or complete the Required Improvements within six months of
the approval of the Final Plat by the City Council, recordation of the Final Plat
will not occur and approval of the Final Plat will lapse. In such case as the
approval of the Final Plat lapses, a cease and desist order will be issued, and other
action against SUBDIVIDER as allowed by law will be taken.
8. Partial Releases of Financial Assurance. Upon partial completion of any class of
improvements within the Required Improvements, as listed as a separate line item
in Exhibit A, such as curb & gutter by way of example, SUBDIVIDER may
request a partial release of escrow funds. The amount of funds released in a partial
release shall not total more than one hundred thirty percent (130%) of the
estimated cost of the completed improvements determined in accordance with
Exhibit A, less the sum of all prior releases. Partial releases shall not be made for
partial completion of a class of improvements.
(a) In order for SUBDIVIDER to receive such partial disbursement, the
following shall be presented to CITY:
(i)
A completed Escrow/Financial Assurance Partial Release Form
supplied by CITY and signed by a professional engineer serving as
agent for SUBDIVIDER (hereinafter: SUBDIVIDER's Engineer),
(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,
(iv) Copies of all bill of lading receipts for materials delivered to the
site and not yet incorporated in 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. CITY may
adjust the amount of 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 request within seven working days of receipt of a
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 5 of 8
complete request application.
9. Final Release of Financial Assurance. Upon completion of all Required
Improvements in accordance with the approved Construction Plans,
SUBDIVIDER may request that the remainder of the Financial Assurance be
released. The 10% warranty amount shall be retained until one year after the
acceptance of improvements.
(a) In order for SUBDIVIDER to receive final release of the financial
assurance, the following shall be presented to CITY:
(i)
A completed Escrow/Financial Assurance Final Release Form
supplied by CITY and signed by SUBDIVIDER. Said form shall
include SUBDIVIDER's certification of warranty for the
completed improvements.
(ii) Copies of lien waivers/releases from all contractors who performed
work on the project and all suppliers who supplied materials that
were incorporated into the work.
(iii) Written certification by SUBDIVIDER that all outstanding charges
for the Improvements have been paid and that there are no liens,
encumbrances, or other restrictions on the Improvements.
(b) Upon acceptance of a complete request for final release, City Engineer and
City Public Works Director shall verify that all Required Improvements
are complete and in accordance with the approved Construction Plans and
Final Plat.
(c) Upon written certification from City Engineer that SUBDIVIDER has
completed all of the required public and other subdivision improvements
in accordance with this Agreement, and that there are not liens,
encumbrances or other restrictions on the Improvements, and that such
Improvements have been inspected and approved by the City Public
Works Director and the City Engineer, the City Council shall execute a
resolution verifying the acceptance of the Improvements and, if
applicable, authorizing the Escrow Agent to disburse to the SUBDIVIDER
any remaining funds, including any accrued interest, save the 10%
warranty amount.
(d) The 10% warranty amount, plus any accrued interest on this amount, shall
be returned to the SUBDIVIDER one year after acceptance of the
Required Improvements by the City, provided that no defects covered by
the one-year warranty are discovered. SUBDIVIDER shall remedy any
and all defects in the Required Improvements, or be subject to the
relinquishment of the 10% warranty amount.
10. CITY's Use of Performance Guaranty upon Default. Upon written certification
by the City Manager that the SUBDIVIDER has failed to perform its obligations
under this Agreement, within the time period set forth in this Agreement, and if
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 6 of 8
the CITY intends to proceed with the task of installing any or all of the Required
Improvements covered by this Agreement, the Escrow Agent or other authorized
individual shall then disburse Escrow Funds to the CITY or other payee
authorized in writing by the CITY, in such amounts requested by the CITY.
11. Zoning Compliance. Certificates of Occupancy for structures within the Property
shall only be issued upon satisfactory completion and acceptance of all Required
Improvements as stipulated herein.
12. Default, Remedies, Lapse of Plat. 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 SUBDIVIDER describing the act, event, or omission constituting same, and
allowing SUBDIVIDER a period of not less than 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, proceeding against the payment or performance bonds;
withholding building permits or certificates of occupancy/zoning
compliance; an action to enjoin or abate zoning violations; recording of a
lapse of plat, in whole or in part; and any other remedies available at law
or equity, including specific performance or injunctive relief.
(b) The recording of a lapse of plat by the CITY shall result in the reversion
of the approval of the subdivision. A lapse of plat shall terminate all
previous approvals and result in the elimination of platted lots for the
affected property.
13. General Provisions. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of SUBDIVIDER in the ownership or development
of all or any portion of the Property. Prior to assigning any or all of his rights and
duties under this Agreement SUBDIVIDER shall obtain from any transferee a
written assumption acknowledging and agreeing to be bound by this Agreement.
(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 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 modifications to
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 7 of 8
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 stipulate to venue in the Seventh Judicial District Court, Grand
County, Utah. In any such proceeding the parties waive trial to a jury on
all claims and agree that the action shall be tried to the court.
(e) In any legal proceeding concerning the terms of 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
the CITY accepts the improvements pursuant to this Agreement;
(iii) and except as otherwise provided herein, SUBDIVIDER shall have
full power and exclusive control of the Property.
(h) The provisions of this Agreement are severable, and if any portion should
be held to be void 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 concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
(j) All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To SUBDIVIDER:
Scott McFarland
775 Hillside Drive
Moab, UT 84532
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and Scott McFarland
Page 8 of 8
Phone: 435-259-2972
Email: scott@highpointhummer.com
(k) Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time.
IN WITNESS WHEREOF, 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 SUBDIVIDER as of the date(s) specified below.
r CITY OF M
Nlay r David L. Sakrison Date
ATTEST:
Rachel Stenta
City Recorder
SUBDIVIDER: SCOTT MCFARLAND
. �l.., /.3-//
/Scott Mc1`arla d Date
STATE OF UTAH
COUNTY OF GRAND
Date
)§
The foregoing agreement was executed before me
by Scott- T \c F -r l an , this 3 day of No v{r,6 & , 20H. Witness
my hand and official seal. My commission expires: % I— / l - a o / to
Notaryublic, State of Utah
Address:
a.1-1 r n�nf cr S�
o � ur F`i
CITY OF MOAB SUBDIVISION IMPROVEMENTS
ESCROW AND DISBURSEMENT AGREEMENT
DEER TRAIL SUBDIVISION
SCOTT MCFARLAND, SUBDIVIDER
THIS AGREEMENT is entered into on N /6y and between THE CITY
OF MOAB, UTAH, a municipal corporation, whose address is 217 East Center Ave,
Moab, Utah ("CITY") and Scott McFarland ("SUBDIVIDER").
RECITALS:
A. Whereas, the City and SUBDIVIDER entered into an Improvements Agreement
dated /l • 3 • % , ("Subdivision Improvements Agreement") containing
terms and conditiolis regarding the subdivision and development of certain
property as described by this survey:
SURVEYOR'S DESCRIPTION
A PARCEL OF LAND IN THE SW 1/4 SE 1/4 SECTION 35, T25S, R21E, SLBM. GRAND COUNTY, UTAH,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 2" ALUMINUM CAP 190107-2201 IN A MONUMENT BOX FOR THE SE CORNER
OF SAID SECTION 35;
THENCE ALONG SOUTH LINE OF SAID SECTION S89°541001'W A DISTANCE OF 1675.60 FEET;
THENCE N00°271411'W A DISTANCE OF 24.80 FEET TO THE POINT OF BEGINNING;
THENCE N00°03123"W 125.05 FEET;
THENCE N89°5414011E 179.63 FEET;
THENCE S00°12'42"W 124.77 FEET;
THENCE 589°49'14"W 179.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.514 ACRES, MORE OR LESS.
B. Whereas, in accordance with the Subdivision Improvements Agreement,
SUBDIVIDER is required to post a performance bond in the amount of INSERT
AMOUNT in an amount equal to one hundred fifty percent (140%) of estimated
cost of constructing and installing certain described public and other required
subdivision improvements, plus 10% of the estimated cost of said improvements
as a warranty. SUBDIVIDER is required to deposit the sum of INSERT
AMOUNT ("Escrow Funds") with the City Treasurer's Office to guarantee the
construction and installation of a portion of said improvements.
NOW, THEREFORE, in consideration of the recitals described above, the
mutual covenants and conditions contained in this Escrow and Disbursement
Agreement, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the City and the SUBDIVIDER, the parties
agree as follows:
Page 1 of 6
SECTION 1
CONSTRUCTION OF IMPROVEMENTS
SUBDIVIDER agrees to complete the construction and installation of the public and
other required subdivision improvements in accordance with all terms and conditions
contained in the Subdivision Improvements Agreement. Such construction and
installation shall be at SUBDIVIDER's sole expense.
SECTION 2
FUNDS HELD IN ESCROW
Concurrently with the execution of this Escrow and Disbursement Agreement,
SUBDIVIDER shall deposit the sum of $154,968.00 with the City Treasurer's
Department. The City Treasurer's Department agrees to hold this amount in escrow and
any additional amounts deposited in accordance with the terms of the Subdivision
Improvements Agreement. This escrow account shall be for the use and benefit of CITY
and/or any subcontractors, laborers, or suppliers providing labor or materials for
construction of the Required Improvements. The amount of the assurance shall be 140%
of the estimated cost of the Required Improvements remaining to be completed at the
time of the posting of the financial assurance. The cost estimate is attached hereto as
Exhibit A. This financial assurance shall be in addition to the 10% of total construction
cost warranty amount provided for herein, for a total initial financial assurance of 150%.
The entire financial assurance shall be deposited in the escrow account and shall be
referred to as Escrow Funds.
SECTION 3
DUTIES OF THE CITY AS ESCROW AGENT
The duties of the Escrow Agent shall be as follows:
3.1 Disbursement of Funds. During the term of this Escrow and Disbursement
Agreement, the City Treasurer's Department shall hold and disburse the
Escrow Funds in accordance with the terms and provisions of this Escrow
and Disbursement Agreement.
3.2 Limited Liability. The City and SUBDIVIDER agree and acknowledge
that the City assumes no liability in connection with this Escrow and
Disbursement Agreement except for gross negligence or willful
misconduct.
3.3 Disputes. If the City Treasurer's Department is unable to determine at any
time to whom the Escrow Funds should be delivered, or if a dispute
develops between the City and the SUBDIVIDER concerning to whom the
Escrow Funds should be delivered, then in such event, the City
Page 2 of 6
Treasurer's Office shall coordinate the delivery of the Escrow Funds in
accordance with the joint written instructions of the City and
SUBDIVIDER.
SECTION 4
PARTIES' CONSENT
The City and SUBDIVIDER hereby expressly consent to the disbursement of funds and
other conduct of the City Treasurer's Department as Escrow Agent as authorized by the
provisions of this Escrow and Disbursement Agreement.
SECTION 5
DISBURSEMENT OF ESCROW FUNDS
5.1 Partial Releases of Financial Assurance. Upon partial completion of any class of
improvements within the Required Improvements, as listed as a separate line item
in Exhibit A, such as curb & gutter by way of example, SUBDIVIDER may
request a partial release of escrow funds. The amount of funds released in a partial
release shall not total more than one hundred thirty percent (130%) of the
estimated cost of the completed improvements determined in accordance with
Exhibit A, less the sum of all prior releases. Partial releases shall not be made for
partial completion of a class of improvements.
(a) In order for SUBDIVIDER to receive such partial disbursement, the
following shall be presented to CITY:
(i)
A completed Escrow/Financial Assurance Partial Release Form
supplied by CITY and signed by a professional engineer serving as
agent for SUBDIVIDER (hereinafter: SUBDIVIDER's Engineer),
(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,
(iv) Copies of all bill of lading receipts for materials delivered to the
site and not yet incorporated in 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. CITY may
adjust the amount of 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 request within seven working days of receipt of a
complete request application.
Page 3 of 6
5.2 Final Release of Financial Assurance. Upon completion of all Required
Improvements in accordance with the approved Construction Plans,
SUBDIVIDER may request that the remainder of the Financial Assurance be
released. The 10% warranty amount shall be retained until one year after the
acceptance of improvements.
(a) In order for SUBDIVIDER to receive final release of the financial
assurance, the following shall be presented to CITY:
(i)
A completed Escrow/Financial Assurance Final Release Form
supplied by CITY and signed by SUBDIVIDER. Said form shall
include SUBDIVIDER's certification of warranty for the
completed improvements.
(ii) Copies of lien waivers/releases from all contractors who performed
work on the project and all suppliers who supplied materials that
were incorporated into the work.
(iii) Written certification by SUBDIVIDER that all outstanding charges
for the Improvements have been paid and that there are no liens,
encumbrances, or other restrictions on the Improvements.
(b) Upon acceptance of a complete request for final release, City Engineer and
City Public Works Director shall verify that all Required Improvements
are complete and in accordance with the approved Construction Plans and
Final Plat.
(c) Upon written certification from City Engineer that SUBDIVIDER has
completed all of the required public and other subdivision improvements
in accordance with this Agreement, and that there are not liens,
encumbrances or other restrictions on the Improvements, and that such
Improvements have been inspected and approved by the City Public
Works Director and the City Engineer, the City Council shall execute a
resolution verifying the acceptance of the Improvements and, if
applicable, authorizing the City Treasurer to coordinate disbursement to
the SUBDIVIDER any remaining funds, including any accrued interest,
save the 10% warranty amount.
(d) The 10% warranty amount, plus any accrued interest on this amount, shall
be returned to the SUBDIVIDER one year after acceptance of the
Required Improvements by the City, provided that no defects covered by
the one-year warranty are discovered. SUBDIVIDER shall remedy any
and all defects in the Required Improvements, or be subject to the
relinquishment of the 10% warranty amount.
5.3 CITY's Use of Performance Guaranty upon Default. Upon written certification
of the City Manager that the SUBDIVIDER has failed to perform its obligations
under this Agreement, within the time period set forth in this Agreement, and if
the CITY intends to proceed with the task of installing any or all of the Required
Improvements covered by this Agreement, the City Treasurer or other authorized
Page 4 of 6
individual shall then coordinate disbursement of Escrow Funds to the CITY or
other payee authorized in writing by the CITY, in such amounts requested by the
CITY.
SECTION 6
NOTICES
All notices required or given by the terms of this Escrow and Disbursement Agreement
shall be made by personal delivery or by certified first class mail, postage pre -paid, return
receipt requested, to the parties at their addresses listed below. All notices shall be
effective upon personal delivery or mailing. These addresses shall remain valid until
notice of a change of address is given to all parties.
If to the City: City of Moab, City Manager
217 East Center Ave
Moab, UT 84532
If to SUBDIVIDER: Scott McFarland
775 Hillside Drive
Moab, UT 94532
Page 5 of 6
IN WITNESS WHEREOF, each party to this Escrow and Disbursement Agreement has
caused it to be executed on the date indicated below.
THE
By: l\'
Mayor
ATTEST:
City Recorder;
SUBDIVIDER:
AH
I 1-cp - t L1
Date
BY:
�
cott McFarlan
STATE OF UTAH
)§
COUNTY OF GRAND )
Subscribed and sworn to before me this girk
20 ]i , by: Scott McFarland (SUBDIVIDER)
WITNESS MY HAND AND OFFICIAL SEAL
Notary NY is
My commission expires:
/a-/(- amI b
day of/1/70444447
JENNIE ROSS
Notary Public
State of Utah
Comm. No. 661521
My Comm Expires Dec 11, 2016
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