HomeMy Public PortalAboutRES-CC-2013-21RESOLUTION # 21-2013
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE PLANNED UNIT DEVELOPMENT, KNOWN AS "MILL CREEK
VILLAGE PLANNED UNIT DEVELOPMENT" AND AUTHORIZING THE RELEASE OF THE
PERFORMANCE GUARANTEES ASSOCIATED WITH SAID IMPROVEMENTS
WHEREAS, the City of Moab (the "City") and Mill Creek Village, LLC ("Owner") entered into an
Improvements Agreement dated July 9, 2012 covering the public improvements associated with the
above named planned unit development; and
WHEREAS, the Owner provided Performance Guarantees in the form of a collateral pledge of
property, executed by Trust Deeds naming the City as beneficiary, in order to secure performance of
the improvements provided in the Agreement; and
WHEREAS, the Owner has performed all improvements pursuant to the Agreement, with the
exception of the installation of street lighting; and
WHEREAS, City staff has inspected the completed public improvements and found that they are fully
acceptable in their design, workmanship, and construction quality; and
WHEREAS, Owner has not yet installed the required street lighting improvements, but has ordered
and paid for all equipment and supplies necessary for the installation of said lighting; and
WHEREAS, the installation of street lighting is expected to take place upon delivery of equipment
and supplies for the installation of said lighting; and
WHEREAS, City staff has certified that all charges for labor, materials, and/or services have been
paid in full and no liens have been attached against the property or the improvements; and
WHEREAS, the City shall issue a separate acceptance of the street lighting improvements when they
are satisfactorily completed; and
WHEREAS, the Owner will warrant the completed improvements for a period of one year from the
date of approval of this document; and
WHEREAS, upon acceptance of the improvements City Council shall direct the Mayor to sign the
Street System and Water Line Dedication and Warranty of Improvements Agreement; and
WHEREAS, pursuant to the Agreement, the Owner is entitled to a Full Reconveyance of the Trust
Deeds encumbering Lots 1, 2 and 16, Mill Creek Village PUD, Phase I; Lots 6 and 10, Mill Creek
Village PUD, Phase II; and Parcel 1, Powerhouse Subdivision, Addition No. 2, a Subdivision of Tract
B, of the amended Powerhouse Subdivision;
NOW, THEREFORE, the City Council, as the governing body of the City of Moab, does hereby
resolve to 1) accept the public improvements identified in the Improvements Agreement, with the
exception of the street lighting improvements; 2) direct the Mayor to sign the Street System and Water
Line Dedication and Warranty of Improvements Agreement; and 3) authorize the Mayor to execute
Full Reconveyances of the Trust Deeds for the properties identified herein.
Passed and adopted by action of the Moab City Council of the City of Moab, Utah in open
session this 10th day of December, 2013.
Mayor David L. Sakrison
ATTEST:
Rachel E. Stenta, City Recorder