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HomeMy Public PortalAboutRES-CC-2009-25Resolution #25-2009 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH SECRET COVE SUBDIVISION, AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS. WHEREAS, the City of Moab (the "City") and Wanda Secrest ("Subdivider") entered into a Subdivision Improvements Agreement dated May 11, 2009 (the "Agreement") covering the public improvements associated with the above named subdivision; and WHEREAS, Subdivider posted collateral in the form of a Deed of Trust on certain real property to guarantee the completion of the public improvements required by the Agreement; and WHEREAS, the City Engineer has determined that Subdivider has completed the improvements in accordance with the terms of the Agreement; and WHEREAS, pursuant to the terms of the Agreement, Subdivider warrants that all 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, pursuant to the terms of the Agreement, Subdivider is entitled to a full release of the performance guaranty at this time. NOW THEREFORE, be it resolved by the City Council of the City of Moab to accept ownership of the public improvements serving Secret Cove Subdivision, specifically the street, curb, and sidewalk improvements, the water mains, the sewer mains, and the storm drainage improvements, and hereby authorize the full release of Subdivider's collateral. Passed and adopted by action of the City Council of the City of Moab in open session this 10th day of November, 2009. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #25-2009