HomeMy Public PortalAboutRES-CC-2010-06RESOLUTION #06-2010
A RESOLUTION DECLARING DEFAULT WITH RESPECT
TO THE HACIENDAS SUBDIVISION
WHEREAS, the City of Moab approved the Haciendas Subdivision and an Official Plat
was recorded on January 9, 2008 at Book 717, Page 544 ("Plat") of the Grand County
land records; and
WHEREAS, concurrent with the approval of the Plat, the City of Moab and Jared
Rasmussen ("Developer") entered into a Subdivision Improvements Agreement ("SIA"),
dated January 8, 2008 and providing for the construction of certain improvements
pursuant to the approval of the Haciendas Subdivision; and
WHEREAS, the Developer failed or refused to construct or complete all of the
improvements as required by the SIA and development approvals.
WHEREAS, the City issued a notice of violation to the Developer and has allowed a
reasonable period of time in which to cure or abate the defaulting conditions under the
SIA; and
WHEREAS, the Developer has failed to cure or abate the defaulting conditions, request
a hearing, or timely request an extension of time in which to complete the improvements;
and
WHEREAS, the Developer has submitted in writing a request to waive the cure period.
NOW, THEREFORE, THE GOVERNING BODY OF THE CITY OF MOAB
ENACTS AS FOLLOWS:
1. The City declares a default with respect to the Subdivision Improvements
Agreement dated January 8, 2008. The Developer, its successors, and assigns shall have
no further right or entitlement to develop in accordance with the SIA or any
accompanying approvals, all of which shall be deemed void.
2. The Developer is hereby prohibited from conveying or otherwise transferring the
following platted lots: 2a, 2b, 15a, 15b, 16a, 16b, according to the Haciendas Subdivision
Phase 1. The preliminary plat, dated June 14, 2007 is hereby void and of no further
effect.
3. Effective immediately, City staff is directed to cease issuance of any building
permits with respect to the building lots described herein.
4. As permitted by § 11 of the SIA, City staff is hereby authorized to procure bids
and/or quotes for the completion of the public improvements as may reasonably be
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necessary to serve the constructed portions of the subdivision, and to apply the
performance guarantee posted by the Developer in satisfaction of all such costs. The City
shall follow its normal purchasing procedures in securing contracts for the performance
of said work. The City may, at its discretion, perform components of the required
improvements and shall charge the City's standard rates for said work. The City may
charge administrative and other costs deemed necessary in completing the required
improvements or in applying other remedies for default.
5. Effective immediately, the City may exercise any other remedy for violation as
provided for in the SIA, including, but not limited to action to enjoin or abate zoning
violations and/or a recording of a lapse of plat, in whole or in part.
6. This Resolution shall be recorded in the Grand County land records.
PASSED AND ADOPTED in open Council by a majority vote of the
Governing Body of the City of Moab this 23rd day of February, A.D., 2010.
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City of Moab
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