HomeMy Public PortalAboutRES-CC-2014-49CITY OF MOAB
RESOLUTION #49-2014
A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AGREEMENT AND ESCROW
AGREEMENT WITH THE HOUSING AUTHORITY OF SOUTHEASTERN UTAH, FOR THE DEER
TRAIL TOWNHOME SUBDIVISION ON PROPERTY LOCATED AT 792 WEST 400 NORTH IN THE R-
4 ZONING DISTRICT
WHEREAS, Scott McFarland, as Subdivider, 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, 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, Subdivider is required to complete public and other improvements for the Subdivision; and
WHEREAS, the Housing Authority of Southeastern Utah (HASU) has entered into an agreement with
Subdivider for purchase of the subject property and for the completion of certain required improvements for
the Subdivision; and
WHEREAS, HASU will complete a portion of the required improvements for the Subdivision; and
WHEREAS, a Subdivision Improvements Agreement between the City and HASU is needed in order to
provide for the completion of, and financial assurance for, a portion of 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 HASU, and authorizes the
appropriate officials to execute and deliver said agreements.
Resolution #49-2014
PASSED AND APPROVED in an open meeting by a majority vote of the Governing Body of Moab
City Council on November 6, 2014.
SI
lravitt fS�dt l ison, Mayor
- _
Rachel Stetit4P�corder
CITY OF MOAB SUBDIVISION IMPROVEMENTS
ESCROW AND DISBURSEMENT AGREEMENT
DEER TRAIL SUBDIVISION
HOUSING AUTHORITY OF SOUTHEASTERN UTAH
THIS AGREEMENT is entered into on Novamiken (0, Ziyby and between THE CITY
OF MOAB, UTAH, a municipal corporation, whose address is 217 East Center Ave,
Moab, Utah ("CITY") and the Housing Authority of Southeastern Utah
("DEVELOPER").
RECITALS:
A. Whereas, the City and DEVELOPER entered into an Improvements Agreement
dated 1 I - (0- ly , ("Subdivision Improvements Agreement") containing
terms and conditions 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°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 S00°121421'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,
DEVELOPER 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. DEVELOPER 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 DEVELOPER, the parties
agree as follows:
Page 1 of 6
SECTION 1
CONSTRUCTION OF IMPROVEMENTS
DEVELOPER 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 DEVELOPER's sole expense.
SECTION 2
FUNDS HELD IN ESCROW
Concurrently with the execution of this Escrow and Disbursement Agreement,
DEVELOPER shall deposit the sum of $4,945.50 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 DEVELOPER 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 DEVELOPER 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
DEVELOPER.
SECTION 4
PARTIES' CONSENT
The City and DEVELOPER 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, DEVELOPER 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 DEVELOPER 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 DEVELOPER (hereinafter: DEVELOPER'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,
DEVELOPER 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 DEVELOPER 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 DEVELOPER. Said form shall
include DEVELOPER'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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER one year after acceptance of the Required
Improvements by the City, provided that no defects covered by the one-
year warranty are discovered. DEVELOPER 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 DEVELOPER 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 DEVELOPER: Housing Authority of Southeaster Utah
321 East Center Street
Moab, UT 84532
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:
M.ayo�
ATTEST:
City Recorder=
lk - LI
Date
DEVELOPER: HOUSING AUTHORITY OF SOUTHEASTERN UTAH
ou`sing A
Printed Name:
y of Southeastern Utah
Title: /STK-r e l� �t vif„..-/` r
STATE OF UTAH
)§
COUNTY OF GRAND
The foregoing agreement was executed before me
by Qe A111t'\ k icy , this S day of A)o, 201y. Witness
my hand and -official seal. My commission expires: /a-/ f - 02o/ c
JENNIE ROSS
Notary Public
State of Utah
Comm. No. 661521
My Comm. Expiies Dec 11, 2016
Notary P
Address:
, State of Utah
a 17 C l 4/4Ar
Page 6 of 6
SUBDIVISION IMPROVEMENTS AGREEMENT
For
Deer Trail Townhome Subdivision
Housing Authority of Southeastern Utah
The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Housing
Authority of Southeastern Utah, (hereinafter "DEVELOPER") 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. Scott McFarland, the SUBDIVIDER for the Subdivision, 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.
F. SUBDIVDER has agreed to construct all required improvements for the
Subdivision, with the exception of the storm water drainage improvements,
which DEVELOPER has agreed to construct.
Wage
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 2 of 8
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY
AGREE AS FOLLOWS:
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, 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 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°54140"E 179.63 FEET;
THENCE 500°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.
2. Required Improvements. DEVELOPER will make the following improvements
to the property shown on the Construction Plans. Required Improvements shall
include but not be limited to the following:
(a) Storm water drainage facilities, including grading and berming.
(b) Site clearing and removal of obstructions
(c) General site grading
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
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. DEVELOPER or DEVELOPER's authorized
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 3 of 8
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 DEVELOPER.
(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) DEVELOPER 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) DEVELOPER shall promptly repair or replace any defective work
following receipt of written notice under this warranty from the
CITY.
(ii) DEVELOPER additionally warrants that all public improvements
shall be delivered free and clear of any lien or encumbrance.
(c) DEVELOPER 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 DEVELOPER 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,
DEVELOPER has elected to post a performance guaranty with CITY prior to
recordation of the Plat.
(a) DEVELOPER 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 DEVELOPER'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
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
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 4 of 8
DEVELOPER 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 DEVELOPER 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 DEVELOPER 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, DEVELOPER 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 DEVELOPER 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 DEVELOPER (hereinafter: DEVELOPER'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.
9. Final Release of Financial Assurance. Upon completion of all Required
Improvements in accordance with the approved Construction Plans,
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 5 of 8
DEVELOPER 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 DEVELOPER 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 DEVELOPER. Said form shall
include DEVELOPER'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 DEVELOPER 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 DEVELOPER 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 DEVELOPER
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 DEVELOPER one year after acceptance of the Required
Improvements by the City, provided that no defects covered by the one-
year warranty are discovered. DEVELOPER 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 DEVELOPER 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 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.
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 6 of 8
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 DEVELOPER describing the act, event, or omission constituting same, and
allowing DEVELOPER 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 DEVELOPER 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 DEVELOPER 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
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
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 7 of 8
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)
(ii)
the Project is a private development;
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, DEVELOPER 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 DEVELOPER:
Housing Authority of Southeastern Utah
321 E. Center Street
Moab, UT 84532
Phone: 435-259-5891
(k) Notice may be delivered to such other parties or addresses as the parties
Deer Trail Townhome Subdivision
Subdivision Improvements Agreement
City of Moab and the Housing Authority of Southeastern Utah
Page 8 of 8
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 DEVELOPER as of the date(s) specified below.
CI OF O A
r ✓�
7
Mayor David L. Sakrison
ATTEST:
Rachel- Stenta=
City Recorder
Date
�-(e-11
Date
DEVELOPER: HOUSING AUT139RITY OF SOUTHEASTERN UTAH
Housing Authority of Southeastern Utah
Name: .9i �'4 �r Pry
By Its � u tic' r_ek--4r-
STATE OF UTAH
COUNTY OF GRAND
}
)§
Date
The foregoing agreement was executed before me
by .8 cm:3 o-0:i IA/ , this S day of A)o,i rn u 20) (f. Witness
my hand and official seal. My commission expires: /a el 6
JENNIE ROSS
Notary Public
State of Utah
Comm. No. 661521
My Comm. Expires Dec 11, 2016
Notary Pub((j'c, State of Utah
Address:
ark F et-,• t s
Ag.o ck-br ( r (F y S3 —