HomeMy Public PortalAboutRES-CC-2012-19RESOLUTION #19-2012
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION
WITH THE DEVELOPMENT OF THE "MOAB VALLEY HEALTHCARE CAMPUS SUBDIVISION",
AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH
SAID REQUIRED IMPROVEMENTS.
WHEREAS, the City of Moab (the "City") and Moab Valley Healthcare, Inc., with offices located at 710
West, 400 North, Moab UT 84532, and Canyonlands Health Care Special Services District, located at
245 West Williams Way, Moab, UT 84532, as "Owners" of record of properties in Moab City municipal
limits and both represented by Mr. Roy E. Barraclough, entered into a Subdivision Improvements
Agreement dated June 16, 2009 (the "Agreement") covering the public improvements associated with
the above named subdivision; and
WHEREAS, said Agreement was amended on February 8, 2011 to provide for changes in the coverage
of costs for the storm drain sewer construction, and Agreement was further amended on February 8,
2011, to include the costs of a detailed list of items that remained to be addressed.
WHEREAS, Owners posted collateral in the form of a bond held by Moab City for the benefit of the City
to guarantee the improvements required by the Agreement; and
WHEREAS, the Developer has completed all required improvements listed in Exhibits B and C of the
Agreement, Section 2 of Amendment #1, and Attachment A of Amendment #2; and
WHEREAS, Council, by approval of Resolution #19-2012 on November 13, 2012, has determined that
the improvements are completed in accordance with the engineered plans and construction
specification for the City of Moab; and
WHEREAS, pursuant to the terms of the Agreement, Owners are entitled to a full release of the
performance guaranty.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the
public improvements covered by the Agreement referenced herein, specifically street improvements,
water system improvements, sewer system improvements, and storm drainage improvements located
within the subdivision and do hereby authorize the full release of Owners' collateral.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
11th day of December, 2012.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel E. Stenta, Recorder
Resolution #19-2012