HomeMy Public PortalAboutRES-CC-2012-04Resolution #04-2012
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE SUBDIVISION KNOWN AS "MULBERRY GROVE PLANNED
UNIT DEVELOPMENT", AND AUTHORIZING THE RELEASE OF THE PERFORMANCE
GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS
WHEREAS, the City of Moab (the "City") and Mulberry Lane Community, LLC ("Owner") entered into
a Subdivision Improvements Agreement approved by the City Council on January 09, 2008 (the "Original
Agreement") covering the public improvements associated with the above named planned unit
development; and
WHEREAS, the City and the Owner entered into Amendment #1 to the Subdivision Improvements
Agreement (the "Amendment #1") covering the same subdivision on October 27, 2009; and
WHEREAS, the City and the Owner entered into Amendment #2 to the Subdivision Improvements
Agreement (the "Amendment #2") covering the same subdivision on December 27, 2011; and
WHEREAS, the Original Agreement as amended by Amendment #1 and Amendment #2 shall hereafter
be referred to as the "Final Agreement"; and
WHEREAS, the Owners provided a Performance Guarantee in the form of a collateral pledge of
property, executed by a Trust Deed naming the City as beneficiary, in order to secure performance of the
improvements provided for in the Final Agreement; and
WHEREAS, the Owner has performed all improvements pursuant to the Final Agreement with the
exception of the construction of some of the carports and interior landscaping; and
WHEREAS, the Owner shall construct carports and/or interior landscaping as needed at the time of
purchase of the related lots as identified in the Final Agreement; and
WHEREAS, the construction of said carports and/or interior landscaping should be specified as a
required improvement on the building permit for any building on lots for which a carport and/or interior
landscaping is needed, and construction of said carports and interior landscaping shall be a condition of
the issuance of a certificate of occupancy for any building on any such lot; and
WHEREAS, the Owner is dedicating the sewer improvements to Grand Water and Sewer Service
Agency (GWSSA) and the water main to the City; and
WHEREAS, the City has received a letter from GWSSA acknowledging their acceptance of the sewer
improvements; and
WHEREAS, the City has inspected and will accept the dedication of the water system including the
water main, fire hydrants and appurtenances, and water meters but excluding the water services provided
that the dedicated water system components are located in a properly conveyed easement; and
Mulberry Grove Planned Unit Development
Res #04-2012 Page 1 of 2
WHEREAS, the Owner shall be responsible for maintenance of all other improvements as specified in
the Final Agreement as well as the control and abatement measures as necessary for dust, erosion, and
weeds on the property; and
WHEREAS, pursuant to the terms of the Final Agreement, the Owner shall provide 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; and
WHEREAS, pursuant to the terms of the Final Agreement, Owner warrants that all dedicated public
improvements shall be free of defects in materials and workmanship for a period of one (1) year from the
date of this acceptance; and
WHEREAS, the Owner agrees to sign the Final Release Form and Payment Certification (attached as
Exhibit A) per the requirements of the Final Agreement, which certifies the warranty on the
Improvements and that all outstanding charges for the Improvements have been paid and that there are no
liens, encumbrances, or other restrictions on the Improvements; and
WHEREAS, pursuant to the terms of the Final Agreement, Owners are entitled to a full release of the
performance guaranty at this time.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the
public improvements covered by the Final Agreement referenced herein, specifically the main water line
located within the Mulberry Grove Planned Unit Development and do hereby authorize the Mayor to
execute a Full Reconveyance of the Property identified in the Trust Deed executed as the Performance
Guaranty for the required improvements, and do hereby authorize city staff to require the construction of
carports and interior landscaping as a condition of development of individual lots in the subdivision, as
necessary.
Concurrently, the Owner Agrees to Execute the Aforementioned Final Release Form and Payment
Certification and to Execute the Required Easements as a Condition of Formal Acceptance of the Public
Improvements Provided for Herein.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
14th day of February, 2012.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel E. Stenta, Recorder
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