HomeMy Public PortalAboutPKT-CC-2011-01-11CITY OF MOAB
January 11, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Grand County library
Reference Copy
Moab City Council
Master Meeting Calendar*
January
2011
January 2011
S M T W T F
February 2011
S S M T W
T F S
16
23
30
2 3 4 5 6 7
9 10 11 12 13 14
17 18 19 20 21
24 25 26 27 28
31
1 1 2
8 6 7 8 9
15 13 14 15 16
22 20 21 22 23
29 27 28
3 4 5
10 11 12
17 18 19
24 25 26
m
N
U
N
m
N
m
in
rn
�
co
li
N
M
N
a
m
0
M
f0
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Dec26
27
28
29
30
31
Jan 1, 11
2
3
4
5
6
7
8
4:00pm 6:00pm
6:00pm 7:00pm
GCWB
GCAB
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSS4
9
10
11
12
13
14
15
12:30pm 2:00pm
GCCOA
12:00pm 2:00pm TRAIL
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:30pm 9:00pm Moab CC111
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
6:30pm
8:00pm Moab PC
7:00pm
8:00pm CVFP
16
17
18
19
20
21
22
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
4:30pm
5:00pm
6:00pm
6:00pm
5:30pm GCHPC
6:30pm GCLB
7:00pm GCSDBE
6:30pm GCRSSD
V
5:30pm
6:30pm MATCAB
23
24
25
26
27
28
29
12:00pm 12:30pm MTPSC
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
30
31
Feb 1
2
3
4
5
Moab Oty Recorder's Office
1
1/7/2011 4:37 PM
*Meeting end times are approximations only
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Moab City Council
Master Meeting Calendar*
February
2011
S
February 2011
M T W T F
March 2011
S S M T W T F S
6
13
20
27
1 2 3 4
7 8 9 10 11
14 15 16 17 18
21 22 23 24 25
28
5 1 2
12 6 7 8 9
19 13 14 15 16
26 20 21 22 23
27 28 29 30
3 4 5
10 11 12
17 18 19
24 25 26
31
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m
N
to
oi
LL
o
oi
LL
m
N
0
N
o
LLc2
m
2
N
n
LLc2
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Jan 30
31
Feb 1
2
3
4
5
00p00'
00. 00.
rr. rr.
GC Counci
Moab City Visioning
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSS4
9
10
11
12
00. 00.
00. 00.
rr. 00.
00. 00.
00• r•
r.m 9:00pm
ewe:
'D
Moab •
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
13
14
15
16
17
18
19
12:30pm00.
•CO
00. 00.
0r. 0r.
5:00pm
6:00pm
6:00pm
6:30pm
6:30pm GCLB
7:00pm GCSDBE
6:30pm GCRSSD
8:30pm CVTC
5:30pm
6:30pm MATCAB
1
21
22
23
24
25
26
12:00pmr .
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
27
28
Mar 1
2
3
4
5
Moab Oty Recorder's Office
1
1/7/2011 4:37 PM
*Meeting end times are approximations only
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, January 11, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS
4-1 Presentation of the Mayor's Student Citizenship of the Month Award for
January 2011 for Helen M. Knight School
SECTION 5: NEW BUSINESS
5-1 Approval of a Permanent Class III Beer License for Melodie McCandless,
d.b.a. Mc's on the Corner, Located at 495 West 400 North
5-2 Approval of Local Consent for a Full Service Restaurant License for the Peace
Tree Juice Cafe, Inc. Located at 20 South Main Street
5-3 Approval of a Special Event License for Canyonlands Volleyball Tournaments
to Conduct a Tournament on Various Dates in January, February, March and
April 2011.
5-4 Approval of Proposed Resolution #03-2011— A Resolution Approving the
Form of the Equipment Lease Agreement with Zions First National Bank, Salt
Lake City, Utah and Finding that it is in the Best Interests of the City of Moab,
Utah to Enter into Said Agreement, and Authorizing the Execution and
Delivery Thereof
5-5 Award of the City Prosecutor Services Bid
5-6 Approval of the City Prosecutor Services Contract
5-7 Approval of Proposed Resolution #01-2011— A Resolution Supporting
Submittal of a Cost Sharing Proposal to the Utah Department of
Transportation for the US-191 Moab North Corridor Storm Water Drainage
System
5-8 Request to Send Proposed Ordinance #2011-03 — An Ordinance Vacating in
Part the Planned Unit Development Plat for the Portal Park Subdivision
P.U.D. and Rezoning Portion of the Subject Property to the R-4 Zoning
Designation to Public Hearing
5-9 Approval of Proposed Ordinance #2011-04 — An Ordinance Amending the
City of Moab Municipal Code, Title 5.00, Business Licenses and Specifically
Amending Chapter 5.04C
5-10 Approval of Proposed Ordinance #2011-05 — An Ordinance Amending Code
Chapter 16.24.020, Design Standards Specified, Detailing Required
Connectivity of Trails and Walkways and Establishing the Widths of Sidewalks
in Each Zoning District
5-11 Approval of a Request to Send Proposed Resolution #02-2011— A Resolution
of the City of Moab Amending the Fiscal Year 2010-2011 Annual Budget to
Public Hearing
5-12 Approval of a Request by the Grand County School District for a Waiver of
Development Application Fees in an Amount Not to Exceed $350.00
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
I►Ittp�lC�
low
3-7y0 %
CITY OF MOAB
RETAIL BEER* LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
❑ CLASS I FEE:
❑ CLASS II FEE:
❑ PRIVATE CLUB
IhttLASS III FEE:
❑ CLASS IV FEE:
LICENSE #:
$180.00
$180.00
$650.00
$80.00
$80.00
APPLICANT'S PERSONAL INFORMATION
FULL NAME:
HOME ADDRESS: V
SOCIAL SECURITY NUMBER:
DRIVER LICE
WEIGHT:
y�� ,, HOME PHONE: 455 ' LS-1-6�
CITY: I STATE: ZIP: -3
DATE OF BIRTH:
BUSINESS INFORMATION
BUSINESS NAME:
BUSINESS ADDRESS:
LOG l-4 400 0 l c1
BUSINESS MAILING ADDRESS: 941 {4v, ►1ket &s CITY: I t `oGuej
SALES TAX ID #: BUSINESS PHONE: `' �35'- ZZ O D
STATE: La- ZIP: 91.1S32
WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE
LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS!
CONTACT THE STATE NOW!
THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE)
❑ CLASS I
❑ CLASS II
❑ PRIVATE CLUB
CLASS III
❑ CLASS IV
Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and
in original containers, for consumption on or off the premises, in accordance with the Liquor
Control Act and the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises
for consumption on the premises, in accordance with the Liquor Control Act and Ordinances
of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose
primary purpose is the dispensing of food.
Same conditions as Class I and Class II Beer Licenses.
Retail License shall entitle the Licensee to sell Beer on the premises licensed in original
containers, for consumption off the premises in accordance with the Liquor Control Act and
the Ordinances of the City.
Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and
in original containers, for consumption on the premises in accordance with the Liquor Control
Act and the Ordinances of the City limited to the dates specified.
Will you also serve liquor, wine or heavy beer (over 3.2% by weight)?
19'NO ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.)
2. List brands of beer proposed to be sold by the applicant within the City of Moab:
FAACLW e t 5c rS j %o►-re'Yta i VAI: It
*Beer application is for 3.2% by weight only. Also requires a State license.
Page 11 of 38
09/21 85
RETAIL BEER LICENSE APPLICATION
Submit completed application and attachments to the City Treasurer for processing.
The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32,
Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully
complied with the Utah Liquor Control Act.
This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business
beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned
applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply
with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission
adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully
comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of
excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising,
and regulation 5 relating to unfair competition and unlawful practice.
{^-
Applicant's Signature
STATE OF UTAH
COUNTY OF GRAND
/46 -e. A d Adr ss , being first duly sworn, on his/her oath deposes and says: That
he/she is the applicant above named; that he /she has read the foregoing application, and knows and
understands the contents thereof; that the same is true to his/her own knowledge.
Subscribed and sworn to before me on this
day of d yes, .6-r--
--)rA".dfx-2.21:-/
, 20 i0
Not:; Public
Page 12 of 38
5-1
01/07/2011 FRI 10:44 FAX Z 002/002
"FULL -SERVICE RESTAURANT LIQUOR LICENSE"
LOCAL CONSENT
Date: i — CD — 1
Attn: DABC Licensing & Compliance Section
AA D ai0 , X] City [ ] Town [ ] County
hereby rants its consent too the issuance of a full -service restaurant liquor license to:
Business Name: C_ C.e- Suui , c •
Applicant / Business Owner: Vakr,,Q,V) V\J /Vl p I
Location Address: 0 Go. Ct. i ✓1 C)f • 1 M U olio
Pursuant to the provisions of Utah Codc 32A-4, Part 1, this license allows for the storage, sale and
consumption of liquor on the premises.
[ ] Check if applicable
LOCAL CONSENT FOR PROXIMITY VARIANCE
In accordance with Utah Code 32A-4-101(4), the local
authority also grants consent to a variance regarding the
proximity of this establishment relative to a public or
private school, church. public library, public playground,
or park.
Authorized Signature
Print Name / Title
This is a suggested form. A city, town, or county's own form is acceptable.
Local consent may be faxed to the DABC at 801.977-6889 or mailed to:
Department of Alcoholic beverage Control
PO Box 30408
Salt Lake City, [JT 84130-0408
5-2
Lar.,..4..n Mm. 17 Irmo /.. Q lc I A\
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
ITY OF MOAB
SPECIAL EVENT LICENSE APPLICATION
217 EAST CENTER STREET
Moab, UTAH 84532
(435) 259-5121 f FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SPECIAL EVENT FEE: $80.00
LICENSE #:
ZONE: Ca ��
NAME OF EVENT: J_r1 L/1 YnIrF l ray .{ Lam, 1 / Oi ( t. ! » cCtrva
DESCRIPTION OF EVENT: t we um P� r„ tj pk_R r,(V
eht, ('I :1±.1 Ke c . ni f p f'V15 d- � ; 1n� )G,
Mtutlo
LOCATION OF EVENT:
PREMISES TO BE USED:
TEMPORARY STRUCTURES TO BE USED (If AL1Y):
�Iart, 21 /2i r_ cb It) (.1 , FcG irl19 70,04- G ?s/2�,
ANTICIPATED # OF EVENT PARTICIPANTS: Ye '+O t Sb
DATE(S) AND TIME(S) OF EVENT:
EVENT SPONSOR'S NAME: CLti /CG�,� f r)6 /(ec ybal � /Et�S-C Ct Gt.'Is19 to PHONE:
SPONSOR'S ADDRESS: '( �I d CiLY: �nca) STATE: Ulf__� ZIP: (fS159Z
SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH:
THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS
UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY win -lour FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR
THE ISSUANCE OF A LICENSE WILL BE DELAYED.
INVE ectr•yon kuicks U D I(W b( tt A SSOC10HEREBY AGREE TO CONDUCT SAID SPECIAL EVEN' STRICTLY IN ACCORDANCE WITH THE MOAB
LEAS PRINTfi„t Gz�� 5�
CITY SPECIAL EVENT LICENSE REGULATIONS AS : F iRTH IN THE t;ITV CODE, ORDINAM:ES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF
LAW THE INFORMATION CONTAINED HEREIN IS TRUE. uVVE UNDERSTAND THIS LICENSE IS NON-TR; NSFERABLE AND VALID ONLY FOR THE ABOVE MENTLONED
LOCATION AND SPONSOR.
Uslgna� re of ponsor
1 uata:e0 I I
State of Utah )
) SS
County of Grand )
SUBCRIBED AND SWORN to before me this �_.._ day of Pvh4401 , 20 //
NOTARY PUBLIC
SEE BACK 1F FORM FOR ADDITIONAL RF ,t;;.:�m0NTS!
5-3
CiTY OF MOAB
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHoNE: (435) 259-5121
FAx: (435) 259-4135
NAME OF APPLICANT:
APPLICANT'S MAILING ADDRESS:
FOR ZONING OFFICE USE ONLY
PARKING: %‹.1 ell
MOAB CITY CODE: O�
SIGN PERMIT: V41`-
MOVED -ON NECESSARY: ❑ YES 0-'NO
REQUIRES PLANNING
COMMISSION APPROVAL ❑ YES NO
REVIEWED BY
ZONING
ADMINISTRATOR:
DATE:
IGNATURE
BUSINESS NAME:—ONA 141,t ( Si, )4(2.1( ��SOCIeAA-1 d'-t
BUSINESS(( C � 2 LOCATION:
ZONE: I F �/ �
0 cd4
DETAILED DESCRIPTION OF BUSINESS ACTIVITY: (-5("r(e c �1 (/ t_ 1/DI ( C,U aeLl ( '-Dk-K_V--r\c-erv^ev\--k-
'S
/611
06/16/05
5-3
Resolution #03-2011
The resolution was then signed by the Moab City Council in open meeting and
recorded by the Moab City Recorder. The resolution is as follows:
A resolution approving the form of the Equipment Lease Agreement with Zions
First National Bank, Salt Lake City, Utah. Finding that it is in the best interests of
City of Moab, Utah to enter into said Agreement, and authorizing the execution and
delivery thereof.
Whereas, the City Council (the "Governing Body") has determined that a true and very real
need exists for the leasing of the equipment described in the Equipment Lease Agreement
presented to this meeting; and
Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and
has found the terms and conditions thereof acceptable to City of Moab, Utah; and
Whereas, the Governing Body has taken the necessary steps including any legal bidding
requirements, under applicable law to arrange for the leasing of such equipment under the
Equipment Lease Agreement.
Be it resolved by the Governing Body of City of Moab, Utah as follows:
Section 1. The terms of said Equipment Lease Agreement are in the best interests of City of
Moab, Utah for the leasing of the equipment described therein.
Section 2. The Mayor and City Recorder/Asst. City Manager are hereby authorized to
execute and deliver the Equipment Lease Agreement and any related documents necessary to the
consummation of the transactions contemplated by the Equipment Lease Agreement for and on
behalf of City of Moab, Utah.
Section 3. The officers of the Governing Body and City of Moab, Utah are hereby authorized
and directed to fulfill all obligations under the terms of the Equipment Lease Agreement.
Adopted and approved this 11t' day of January, 2011.
By
Dave Sakrison, Mayor
Attest:
By
Rachel Ellison, City Recorder/Asst. City Manager
[SEAL
19
5-4
LEASE PURCHASE AGREEMENT
This equipment lease (the "Lease") dated as of January 25, 2010, by and between Zions First
National Bank, One South Main Street, Salt Lake City, Utah 84111 ("Lessor"), and City of
Moab, Utah ("Lessee") a body corporate and politic existing under the laws of the State of Utah.
This Lease includes all Exhibits hereto, which are hereby specifically incorporated herein by
reference and made a part hereof.
Now therefore, for and in consideration of the mutual promises, covenants and agreements
hereinafter set forth, the parties hereto agree as follows:
ARTICLE I
Lease Of Equipment
Section 1.1 Agreement to Lease. Lessor hereby demises, leases, and lets to Lessee and Lessee
rents, leases and hires from Lessor, the "Equipment" (as hereinafter defined), to have and to hold
for the term of this Lease; provided, however, that the obligation of Lessor to lease any item of
the Equipment and to make payment to the Vendor therefor is subject to the condition precedent
that Lessee shall provide the following at its cost, in form and substance satisfactory to Lessor:
(i) Evidence satisfactory to Lessor as to due compliance with the insurance provisions
of Section 10.2 hereof;
(ii) Invoice of the Vendor of such item of Equipment; and
(iii) Delivery And Acceptance Certificate in the form attached hereto as Exhibit "E"
executed by Lessee acknowledging delivery to and acceptance by Lessee of such
item of Equipment.
Section 1.2 Title. During the term of this Lease, title to the Equipment will be transferred to,
and held in the name of, Lessee, subject to retransfer to Lessor as provided in Section 3.4. Upon
termination of this Lease as provided in Sections 3.3 (a) or 3.3 (c), title to the Equipment will
transfer automatically to Lessor without the need for any further action on the part of Lessor,
Lessee, or any other person, provided that if any action is so required, Lessee by this Lease
appoints Lessor its irrevocable attorney in fact to take any action to so transfer title to the
Equipment to Lessor. Lessor at all times will have access to the Equipment for the purpose of
inspection, alteration, and repair.
Section 1.3 Security. To secure the payment of all of Lessee's obligations to Lessor under
this Lease, Lessee grants to Lessor a security interest in the Equipment and in all additions,
attachments, accessions, and substitutions to or for the Equipment. The security interest granted
herein includes proceeds. Lessee agrees to execute such additional documents, including
financing statements, affidavits, notices, and similar instruments, in form satisfactory to Lessor,
which Lessor deems necessary or advisable to establish and maintain its security interest in the
1
Equipment. Lessor understands and agrees that the security interest granted in this Section shall
be subject and subordinate to presently existing security interests and/or purchase money
security interests in miscellaneous equipment which may be installed in accordance with the
provisions of Section 9.3.
ARTICLE II
Definitions
The terms defined in this Article II shall, for purposes of this Lease, have the meaning herein
specified unless the context clearly otherwise requires:
"Business Day" shall mean any day except Saturday, Sunday and legal holidays on which
banks in the State of Utah are closed.
"Code" means the Internal Revenue Code of 1986, as amended.
"Commencement Date" shall mean the date when the term of this Lease begins and Lessee's
obligation to pay rent accrues, as set forth in Section 3.1.
"Equipment" shall mean the property which Lessor is leasing to Lessee referred to in Section
1.1 and more fully described in Exhibit "A."
"Lessee" shall mean City of Moab, Utah.
"Lessor" shall mean Zions First National Bank, Salt Lake City, Utah, its successors and
assigns.
"Option Purchase Price" shall mean the amount which Lessee must pay Lessor to purchase
the Equipment, as determined by Article V.
"Original Term" shall mean the period from the Commencement Date until the end of the
fiscal year of Lessee in effect at the Commencement Date, as set forth in Section 3.2.
"Principal Outstanding" means the remaining unpaid principal outstanding under this Lease
as specified on Exhibit "C" attached hereto.
"Renewal Terms" shall mean all of the additional periods of one year (coextensive with
Lessee's fiscal year) for which this Lease shall be effective in the absence of a termination of the
Lease as provided in Article III.
"Rental Payment Date" means the dates upon which Rental Payments are to be made by the
Lessee to the Lessor hereunder as specified on Exhibit "C" attached hereto.
"Rental Payments" means the rental payments payable by Lessee pursuant to the provisions
of this Lease during the Term hereof.
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"Term" or "Term of this Lease" shall mean the Original Term and all Renewal Terms
provided for in this Lease under Section 3.2.
"Vendor" shall mean the manufacturer of the Equipment and the manufacturer's agent or
dealer from whom Lessor purchased or is purchasing the Equipment.
ARTICLE III
Lease Term
Section 3.1 Commencement. The Term of this Lease shall commence as of:
the date this Lease is executed.
days after the receipt, installation, and operation of the Equipment, and its
acceptance by Lessee, as indicated by an acceptance certificate signed by
Lessee.
the date the Vendor receives full payment for the Equipment from Lessor.
X January 25, 2010.
Such date will be referred to as the Commencement Date.
Section 3.2 Duration of Lease: Nonappropriation. This Lease will continue until the end of
the fiscal year of Lessee in effect at the Commencement Date (the "Original Term"). Thereafter,
this Lease will be automatically extended for three (3) successive additional periods of one year
coextensive with Lessee's fiscal year (each, a "Renewal Term"), unless this Lease is terminated
as hereinafter provided.
The parties understand that as long as Lessee has sufficient appropriated funds to make the
Rental Payments hereunder, Lessee will keep this Lease in effect through all Renewal Terms and
make all payments required herein or Lessee will exercise its option under Article V to purchase
the Equipment. Lessee hereby declares that, as of the date of the execution of this Lease, Lessee
currently has an essential need for the Leased Equipment which is the subject of this Lease to
carry out and give effect to the public purposes of Lessee. Lessee reasonably believes that it will
have a need for the Equipment for the duration of the Original Term and all Renewal Terms. If
Lessee does not appropriate funds to continue the leasing of the Equipment for any ensuing
Renewal Term, this Lease will terminate upon the expiration of the Original or Renewal Term
then in effect and Lessee shall notify Lessor of such termination at least ten (10) days prior to the
expiration of the Original or Renewal Term then in effect; provided, however, that a failure to
give such written notice shall not constitute an event of default, result in any liability on the part
of the Lessee or otherwise affect the termination of this Lease as set forth hereinabove.
Section 3.3 Termination. This Lease will terminate upon the earliest of any of the following
events:
3
(a) the expiration of the Original Term or any Renewal Term of this Lease and the
failure of Lessee to appropriate funds to continue the leasing of the Equipment for
the ensuing Renewal Term;
(b) the exercise by Lessee of any option to purchase granted in this Lease by which
Lessee purchases all of the Equipment;
(c) a default by Lessee and Lessor's election to terminate this Lease under Article VII
herein; or
(d) the expiration of the Term of this Lease.
Section 3.4 Return of Equipment Upon Termination. Upon termination of this Lease pursuant
to Sections 3.3 (a) or 3.3 (c), Lessee shall return the Equipment to Lessor in the condition, repair,
appearance and working order required in Section 9.2 hereof in the following manner as may be
specified by Lessor:
(a) By delivering the Equipment to Lessor at Lessee's principal place of business; or
(b) By loading the Equipment at Lessee's cost and expense, on board such carrier as
Lessor shall specify and shipping the same, freight prepaid, to the destination
designated by Lessor.
Lessee shall obtain all governmental authorizations to permit return of the Equipment to
Lessor and Lessee shall pay to Lessor such sum as may be necessary to cover replacement of all
broken or missing parts.
ARTICLE IV
Rental Payments
Section 4.1 Amount. Lessee will pay Lessor as rent for the use of the Equipment during the
Original Term and any Renewal Terms on the dates and in the amounts set forth in Exhibit "C"
attached hereto. All Rental Payments shall be paid, exclusively from legally available funds, in
lawful money of the United States of America to Lessor at or to such other person or entity or at
such other place as Lessor may from time to time designate by written notice to Lessee.
Section 4.2 Portion of Rental Payments Attributable to Interest. The portion of each Rental
Payment which is paid as and is representative of interest is set forth in Exhibit "C" attached
hereto.
Section 4.3 No Right to Withhold. Notwithstanding any dispute between Lessee, Lessor,
Vendor or any other party, Lessee will make all Rental Payments when due, without withholding
any portion of such rent, pending final resolution of such dispute by mutual agreement between
the parties thereto or by a court of competent jurisdiction.
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Section 4.4 Rental Payments to Constitute a Current Obligation of the Lessee. The Lessee
and the Lessor acknowledge and agree that the obligation of the Lessee to pay Rental Payments
hereunder constitutes a current obligation of the Lessee payable exclusively from current and
legally available funds and shall not in any way be construed to be an indebtedness of the Lessee
within the meaning of any provision of Sections 10-8-6 or 11-1-1 through 11-1-2, Utah Code
Annotated 1953, as amended, or Section 3, 4, or 5 of Article XIV of the Utah Constitution, or
any other constitutional or statutory limitation or requirement applicable to the Lessee
concerning the creation of indebtedness. The Lessee has not hereby pledged the credit of the
Lessee to the payment of the Rental Payments, or the interest thereon, nor shall this Lease
obligate the Lessee to apply money of the Lessee to the payment of Rental Payments beyond the
then current Original Term or Renewal Term, as the case may be, or any interest thereon.
ARTICLE V
Purchase Of Equipment
Section 5.1 Option Purchase Price. On any Business Day on or after January 25, 2010,
Lessee may purchase the Equipment from Lessor at a price equal to the principal amount
outstanding on the Rental Payment Date immediately preceding the date of calculation (unless
such date is a Rental Payment Date, in which case, the principal amount outstanding as of such
date), plus accrued interest from such Rental Payment Date to such date of calculation at the rate
of interest per annum in effect for the period during which the calculation is made, as set forth in
Exhibit "C."
Section 5.2 Manner of Exercise of Option. To exercise the option, Lessee must deliver to
Lessor written notice specifying the date on which the Equipment is to be purchased (the
"Closing Date"), which notice must be delivered to Lessor at least thirty (30) days prior to the
Closing Date specified therein. At the closing, Lessor will deliver to Lessee a bill of sale
transferring the Equipment to Lessee free and clear of any lien or encumbrance created by or
arising through Lessor, but without warranties, and will deliver all warranties and guarantees of
Vendors of the Equipment.
Section 5.3 Conditions of Exercise of Option. Lessee may purchase the Equipment pursuant
to the option granted by this Lease only if Lessee has made all Rent Payments when due (or has
remedied any defaults in the payment of rent, in accordance with the provisions of this Lease)
and if all other representations, covenants, warranties, and obligations of Lessee under this Lease
have been satisfied (or all breaches of the same have been waived by Lessor in writing).
Section 5.4 Termination Purchase. Upon the expiration of the Term of the Lease and
provided that the conditions of Section 5.3 have been satisfied, Lessee shall be deemed to have
purchased the Equipment (without the payment of additional sums) and shall be vested with all
rights and title to the Equipment. Lessor agrees that upon the occurrence of the events as
provided in this Section, it shall deliver to Lessee the documents specified in Section 5.2, and
shall comply with the provisions of Section 5.2 relating to termination upon exercise of the
option to purchase.
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ARTICLE VI
Representations, Covenants, And Warranties Of Lessee And Lessor
Section 6.1 Representations, Covenants and Warranties of Lessee. Lessee represents,
covenants, and warrants as follows:
(a) Lessee is a body corporate and politic, duly organized and existing under the
Constitution and laws of the State of Utah.
(b) Lessee is authorized by the Constitution and laws of the State of Utah to enter into
this Lease and to effect all of Lessee's obligations hereunder. The governing body of
Lessee has executed the resolution attached as Exhibit `B" to this Lease which
specifically authorizes Lessee to execute and deliver this Lease.
(c) All procedures and requirements, including any legal bidding requirements, have
been met by Lessee prior to the execution of this Lease in order to insure the
enforceability of this Lease and all rent and other payment obligations will be paid
out of funds legally available for such purpose.
(d) The governing body of Lessee has complied with all applicable open public meeting
and notice laws and requirements with respect to the meeting at which Lessee's
execution of this Lease was authorized, as evidenced by the certificate of open
meeting law attached to the Resolution of Governing Body which is attached hereto
as Exhibit `B."
(e) The letter attached to this Lease as Exhibit "D" is a true opinion of Lessee's counsel.
(f) Lessee will use and service the Equipment in accordance with Vendor's instructions
and in such a manner as to preserve all warranties and guarantees with respect to the
Equipment.
(g)
During the term of this Lease, the Equipment will be used by Lessee only for the
purpose of performing one or more governmental or proprietary functions of Lessee
consistent with the permissible scope of Lessee's authority.
(h) The representations, covenants, warranties, and obligations set forth in this Article
are in addition to and are not intended to limit any other representations, covenants,
warranties, and obligations set forth in this Lease.
(i)
The Equipment shall be used solely by Lessee and shall not be subject to any direct
or indirect private business use.
(j) Lessee covenants and certifies to and for the benefit of Lessor throughout the term of
this Lease that:
6
(1) No use will be made of the proceeds of this Lease, or any funds or accounts of
Lessee which may be deemed to be proceeds of this Lease, which use, if it had
been reasonably expected on the date of execution of this Lease, would have
caused this Lease to be classified as an "arbitrage bond" within the meaning of
Section 148 of the Code;
(2) Lessee will at all times comply with the rebate requirements of Section 148(f),
to the extent applicable;
(3)
in order to preserve the status of this Lease as other than a "private activity
bond" as described in Sections 103(b)(1) and 141 of the Code, as long as this
Lease is outstanding: (I) none of the proceeds of this Lease or the Equipment
financed therewith shall be used for any "private business use" as that term is
used in Section 141(b) of the Code and defined in Section 141(b)(6) of the
Code; and (II) no part of this Lease shall be secured in whole or in part, directly
or indirectly, by any interest in any equipment used in any such "private
business use" or by payments in respect of such equipment, and shall not be
derived from payments in respect of such equipment;
(4) it will not take any action or omit to take any action such that would cause
interest on this Lease to become ineligible for the exclusion from gross income
of Lessor as provided in Section 103 of the Code.
(k) The obligations of Lessee under this lease are not federally guaranteed within the
meaning of Section 149(b) of the Code.
(1) This Lease is being executed for the purpose of acquiring the Equipment and is not
being issued to refund or refinance any outstanding obligation of Lessee, nor to
reimburse Lessee for any expenditures made prior to sixty (60) days before the date
the Governing Body (as defined in the Resolution of the Governing Body attached
hereto) of the Lessee adopted the Resolution of the Governing Body attached hereto.
(m) In compliance with Section 149 (e) of the Code relating to information reporting,
Lessee has caused or will cause to be filed with the Internal Revenue Service, IRS
form 8038—G or 8038—GC, as appropriate.
(n) Lessee has selected the Equipment and desires to lease the Equipment for use in the
performance of its governmental or proprietary functions. Lessor, at Lessee's
request, has ordered or shall order the Equipment and shall lease the same to Lessee
as herein provided, Lessor's only role being the facilitation of the financing of the
Equipment for the Lessee. Lessor will not be liable for specific performance or for
damages if the supplier or manufacturer of the Equipment for any reason fails to fill,
or delays in filling, the order for the Equipment. Lessee acknowledges that Lessor is
not a manufacturer of or a dealer in the Equipment (or similar equipment) and does
not inspect the Equipment prior to delivery to Lessee. Lessee agrees to accept the
Equipment and authorizes Lessor to add the serial number of the Equipment to
Exhibit "A." Lessor shall have no obligation to install, erect, test, inspect, or service
the Equipment. For purpose of this Lease and of any purchase of the Equipment
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effected under this Lease, Lessor expressly disclaims any warranty with respect to
the condition, quality, durability, suitability, merchantability or fitness for a
particular purpose of the Equipment in any respect, and any other representation,
warranty, or covenant, express or implied. Lessor will not be liable to Lessee for any
liability, loss, or damage caused or alleged to be caused, directly or indirectly, by
any inadequacy, deficiency, or defect in the equipment, or by any use of the
equipment, whatsoever. Lessor assigns to Lessee, without recourse, for the Term of
this Lease all manufacturer warranties and guarantees, express or implied, pertinent
to the Equipment, and Lessor directs Lessee to obtain the customary services
furnished in connection with such guarantees and warranties at Lessee's expense,
subject to Lessee's obligation to reassign to Lessor all such warranties and
guarantees upon Lessor's repossession of the Equipment.
(o) During the term of this Lease, Lessee covenants and agrees (1) to include in its
annual tentative budget prepared by the appropriate officials acting on behalf of
Lessee in accordance with applicable law an item for expenditure of an amount
necessary to pay the Rental Payments for the Equipment during the next succeeding
Renewal Term, and (2) to take such further action (or cause the same to be taken) as
may be necessary or desirable to assure that the final budget submitted to the
governing body of Lessee for its consideration seeks an appropriation of moneys
sufficient to pay such Rental Payments.
(p)
(q)
There are no legal or governmental proceedings or litigation pending or, to the best
knowledge of Lessee, threatened or contemplated (or any basis therefore) wherein an
unfavorable decision, ruling or finding might adversely affect the transactions
contemplated in or the validity of this Lease
Lessee has never non -appropriated or defaulted under any of its payment or
performance covenants, either under any municipal lease of the same general nature
as this Lease or under any of its bonds, notes or other debt obligations for which its
general credit or revenues are pledged.
Section 6.2 Representations, Covenants and Warranties of Lessor. Lessor represents,
covenants, and warrants as follows:
(a) During the term of this Lease, Lessor will provide Lessee with quiet use and
enjoyment of the Equipment, without suit, trouble, or hindrance from Lessor, except
upon default by Lessee as set forth in this Lease.
(b) Lessor has not caused to be created any lien or encumbrance on the Equipment
except the security interest provided in Section 1.3 of this Lease.
8
ARTICLE VII
Events Of Default And Remedies
Section 7.1 Events of Default Defined. The following shall be "events of default" under this
Lease and the terms, "event of default" and "default" shall mean, whenever they are used in this
Lease, any one or more of the following events:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid
hereunder at the time specified herein; and
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on
its part to be observed or performed, other than as referred to in Section 7.1 (a), for a
period of 30 days after written notice, specifying such failure and requesting that it
be remedied as given to Lessee by Lessor, unless Lessor shall agree in writing to an
extension of such time prior to its expiration; provided, however, if the failure stated
in the notice cannot be corrected within the applicable period, Lessor will not
unreasonably withhold its consent to an extension of such time if corrective action is
instituted by Lessee within the applicable period and diligently pursued until the
default is corrected.
The foregoing provisions of this Section 7.1 are subject to (i) the provisions of Section 3.2
hereof with respect to nonappropriation; and (ii) if by reason of force majeure Lessee is unable
in whole or in part to carry out its agreement on its part herein contained, other than the
obligations on the part of Lessee contained in Article IV hereof, Lessee shall not be deemed in
default during the continuance of such inability. The term "force majeure" as used herein shall
mean, without limitation, the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders or restraints of any kind of the government of the
United States of America or of the state wherein Lessee is located or any of their departments,
agencies or officials, or any civil or military authority; insurrections; riots; landslides;
earthquakes; fires; storms, droughts; floods; explosions; breakage or accident to machinery,
transmission pipes or canals; or any other cause or event not reasonably within the control of
Lessee.
Section 7.2 Remedies on Default. Whenever any event of default referred to in Section 7.1
hereof shall have happened and be continuing, Lessor shall have the right, at its sole option
without any further demand or notice to take one or any combination of the following remedial
steps:
(a) With or without terminating this Lease, retake possession of the Equipment and sell,
lease or sublease the Equipment for the account of Lessee, holding Lessee liable for
the difference between (i) the rents and other amounts payable by Lessee hereunder
to the end of the then current Original Term or Renewal Term, as appropriate, and
(ii) the purchase price, rent or other amounts paid by a purchaser, lessee or sublessee
of the Equipment pursuant to such sale, lease or sublease; and
9
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(b) Take whatever action at law or in equity may appear necessary or desirable to
enforce its rights as the owner of the Equipment.
Section 7.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is
intended to be exclusive and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or hereafter existing at law or in equity. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor
to exercise any remedy reserved to it in this Article VII it shall not be necessary to give any
notice, other than such notice as may be required in this Article VII.
Section 7.4 Waiver of Certain Damages. With respect to all of the remedies of Section 7.2
above, Lessee expressly waives any damages occasioned by Lessor's repossession of the
Equipment.
ARTICLE VIII
Payment Of Taxes, Fees, Permits, And Utility Services
Section 8.1 Interpretation. This Lease for all purposes will be treated as a net lease.
Section 8.2 Taxes and Fees. Lessee agrees to pay and to indemnify and hold Lessor harmless
from, all license, sales, use, personal property, and other taxes and fees, together with any
penalties, fines, and interest on such taxes and fees imposed or levied with respect to the
Equipment and the ownership, delivery, lease, possession, use, operation, sale, and other
disposition of the Equipment, and upon the rental or earnings arising from any such disposition,
except any federal or state income taxes payable by Lessor on such rental or earnings. Lessee
may in good faith and by appropriate proceedings contest any such taxes and fees so long as
such proceedings do not involve any danger of sale, forfeiture, or loss of the Equipment or of any
interest in the Equipment.
Section 8.3 Permits. Lessee will provide all permits and licenses necessary for the
installation, operation, and use of the Equipment. Lessee will comply with all laws, rules,
regulations, and ordinances applicable to the installation, use, possession, and operation of the
Equipment. If compliance with any law, rule, regulation, ordinance, permit, or license requires
changes or additions to be made to the Equipment, such changes or additions will be made by
Lessee at its own expense.
Section 8.4 Utilities. Lessee will pay all charges for gas, water, steam, electricity, light, heat
or power, telephone, or other utilities furnished to or used in connection with the Equipment
(including charges for installation of such services) during the term of this Lease. There will be
no abatement of rent on account of the interruption of any such services.
10
ARTICLE IX
Use, Repairs, Alterations, And Liens
Section 9.1 Use. Lessee will not install, use, operate, or maintain the Equipment improperly,
carelessly, in violation of any applicable law, or in a manner contrary to that contemplated by
this Lease. Lessee agrees that the Equipment is and at all times will remain personal property not
withstanding that the Equipment or any part of the Equipment may now or hereafter become
affixed in any manner to real property or to any building or permanent structure.
Section 9.2 Repairs. Lessee at its own cost will service, repair, and maintain the Equipment
so as to keep the Equipment in as good condition, repair, appearance, and working order as when
delivered to and accepted by Lessee under this Lease, ordinary wear and tear excepted. At its
own cost, Lessee will replace any and all parts and devices which may from time to time become
worn out, lost, stolen, destroyed damaged beyond repair, or rendered unfit for use for any reason
whatsoever. All such replacement parts, mechanisms, and devices will be free and clear of all
liens, encumbrances, and rights of others, and immediately will become a part of the Equipment
and will be covered by this Lease (for all purposes including the obligation of Lessee to
retransfer title to Lessor under Section 1.2 herein) to the same extent as the Equipment originally
covered by this Lease.
Section 9.3 Alterations. Lessee may install such miscellaneous equipment as may be
necessary for use of the Equipment for its intended purposes so long as either (a) the installation
of such equipment does not alter the function or manner of operation of the Equipment, or (b)
Lessee, upon termination of this Lease (other than termination pursuant to Section 3.3(b) or (d),
restores the Equipment to its function and manner of operation prior to the installation of such
equipment. Subject to the obligations described above, Lessee may remove such equipment upon
termination of this Lease, if the removal of such equipment will not substantially damage the
Equipment. Without the prior written consent of Lessor, Lessee will not make any other
alterations, changes, modifications, additions, or improvements to the Equipment except those
needed to comply with Lessee's obligations to change, add to, or repair the Equipment as set
forth in Sections 9.2 and 10.3 herein. Any alterations, changes, modifications, additions, and
improvements made to the Equipment, other than miscellaneous equipment installed as set forth
above, immediately will become a part of the Equipment and will be covered by this Lease (for
all purposes, including the obligation of Lessee to retransfer title to Lessor under Section 1.2
herein) to the same extent as the Equipment originally covered by this Lease.
Section 9.4 Liens. Except with respect to the security interest provided in Section 1.3 hereof,
Lessee will not directly or indirectly create, incur, assume, or suffer to exist any mortgage,
pledge, lien, charge, encumbrance, or claim on or with respect to the Equipment or any interest
in the Equipment. Lessee promptly and at its own expense will take such action as may be
necessary to duly discharge any mortgage, pledge, lien, charge, encumbrance, or claim, not
excepted above, if the same arises at any time.
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ARTICLE X
Indemnification, Insurance, And Damage To Or Destruction Of The Equipment
Section 10.1 Indemnification. Lessee assumes liability for and agrees to indemnify Lessor
from and against any and all liability (including attorney's fees) of any nature imposed upon,
incurred by, or asserted against Lessor which in any way relates to or arises out of ownership,
delivery, lease, possession, use, operation, condition, sale, or other disposition of the Equipment.
Notwithstanding anything contained in this Section to the contrary, Lessor shall not be
indemnified for, or relieved of, any liability which may be incurred from Lessor's breach of this
Lease.
Section 10.2 Insurance. Lessee at Lessor's option will either self insure, or at its cost, will
cause casualty insurance, public liability insurance, and property damage insurance to be carried
and maintained on the Equipment, with all such coverages to be in such amounts sufficient to
cover the value of the Equipment at the commencement of this Lease (as determined by the
purchase price paid by Lessor for the Equipment), and to be in such forms, to cover such risks,
and with such insurers, as are acceptable to Lessor. A combination of self—insurance and policies
of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Lessor to be
the named insured on such policies as its interest under this Lease may appear. Insurance
proceeds from insurance policies or budgeted amounts from self—insurance as relating to
casualty and property damage losses will, to the extent permitted by law, be payable to Lessor to
the extent of the sum of the Option Purchase Price of the Equipment at the time of its damage or
destruction and all amounts due and owing hereunder. Lessee will deliver to Lessor the policies
or evidences of insurance satisfactory to Lessor, if any, together with receipts for the initial
premiums before the Equipment is delivered to Lessee. Renewal policies, if any, together with
receipts showing payment of the applicable premiums will be delivered to Lessor at least thirty
(30) days before termination of the policies being renewed. By endorsement upon the policy or
by independent instrument furnished to Lessor, such insurer will agree that it will give Lessor at
least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will
carry workmen's compensation insurance covering all employees working on, in, or about the
Equipment, and will require any other person or entity working on, in, or about the Equipment to
carry such coverage, and will furnish to Lessor certificates evidencing such coverages
throughout the Term of this Lease.
Section 10.3 Damage to or Destruction of the Equipment. If all or any part of the Equipment
is lost, stolen, destroyed, or damaged, Lessee will give Lessor prompt notice of such event and
will, to the extent permitted by law, repair or replace the same at Lessee's cost within thirty (30)
days after such event, and any replaced Equipment will be substituted in this Lease by
appropriate endorsement. All insurance proceeds received by Lessor under the policies required
under Section 10.2 with respect to the Equipment lost, stolen, destroyed, or damaged, will be
paid to Lessee if the Equipment is repaired or replaced by Lessee as required by this Section. If
Lessee fails or refuses to make the required repairs or replacement, such proceeds will be paid to
Lessor to the extent of the then remaining portion of the Rental Payments to become due during
the Term of this Lease less that portion of such Rental Payments attributable to interest which
will not then have accrued. No loss, theft, destruction, or damage to the Equipment will impose
any obligation on Lessor under this Lease, and this Lease will continue in full force and effect
12
regardless of such loss, theft, destruction, or damage. Lessee assumes all risks and liabilities,
whether or not covered by insurance, for loss, theft, destruction, or damage to the Equipment and
for injuries or deaths of persons and damage to property however arising, whether such injury or
death be with respect to agents or employees of Lessee or of third parties, and whether such
damage to property be to Lessee's property or to the property of others.
ARTICLE XI
Miscellaneous
Section 11.1 Assignment and Sublease by Lessee. Lessee may not assign, transfer, pledge, or
encumber this Lease or any portion of the Equipment (or any interest in this Lease or the
Equipment), or sublet the Equipment, without the prior written consent of Lessor. Consent to any
of the foregoing acts shall not constitute a consent to any subsequent like act by Lessee or any
other person. Lessee agrees that Lessor may impose on the Equipment such plates or other
means of identification as necessary to indicate that the Equipment is subject to this Lease and
the restrictions set forth in this Section.
Section 11.2 Assignment by Lessor. The parties hereto agree that all rights of Lessor
hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part;
provided that (1) notice of any such assignment, transfer or other disposition is given to Lessee
at least five (5) days prior thereto; (2) prior to any such assignment, transfer or other disposition,
the name and address of the assignee or transferee must be registered on registration books
maintained by Lessee for this Lease; and (3) prior to any such assignment, transfer or other
disposition, this Lease must be surrendered to Lessee and the interest of any such assignee or
transferee indicated on the face hereof and after such notation hereon, Lessee will redeliver this
Lease to the new owner or owners hereof. Lessee shall maintain registration books for this Lease
and shall be obligated to make the payments required hereby, including principal and interest
payments, solely to the registered owner or owners hereof.
Section 11.3 Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or
fails to satisfy any representation, covenant, warranty, or obligation contained herein or imposed
hereby, Lessor may (but need not) make such payment or satisfy such representation, covenant,
warranty, or obligation, and the amount of such payment and any expenses incurred by Lessor,
as the case may be, together with interest thereon as herein provided, will be deemed to be
additional rent payable by Lessee on Lessor's demand.
Section 11.4 Addresses. All notices to be given under this Lease will be made in writing and
mailed or delivered by registered or certified mail, return receipt requested to the following
addresses until either Lessee or Lessor gives written notice to the other specifying a different
address:
(a) if to Lessee, at City of Moab, Utah, City Center, 217 E. Center, Moab, UT 84532.
Attention: Rachel Ellison.
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(b) if to Lessor, at Zions First National Bank, One South Main Street, Salt Lake City,
Utah, 84111. Attention: Public Financial Services.
Section 11.5 Manner of Payment. All payments by Lessee will be made in cash, by certified
or cashier's check, or by other manner acceptable to Lessor.
Section 11.6 Nonwaiver. No breach by Lessee in the satisfaction of any representation,
covenant, warranty, or obligation contained herein or imposed hereby may be waived except by
the written consent of Lessor, and any such waiver will not operate as a waiver of any
subsequent breach. Forbearance or indulgence by Lessor in any regard whatsoever shall not
constitute a waiver of the covenant or obligation and until complete performance by Lessee of
said covenant or obligation Lessor shall be entitled to invoke any remedy available to it under
this Lease despite said forbearance or indulgence. No collection of rent shall operate as a waiver
of any default.
Section 11.7 Severance Clause. Any provision in this Lease which is prohibited by Law will
be treated as if it never were a part of this Lease, and the validity of the remaining terms of this
Lease will be unaffected.
Section 11.8 Entire Agreement; Addendum. This Lease and the attached Exhibits constitute
the entire agreement between Lessor and Lessee and supersedes any prior agreement between
Lessor and Lessee with respect to the Equipment, except as is set forth in an Addendum, if any,
which is made a part of this Lease and which is signed by Lessor and Lessee.
Section 11.9 Amendments. This Lease may be amended only by a written document signed
by Lessor and Lessee, or their respective successors and assigns.
Section 11.10 Inurement. Subject to the restrictions in Section 11.1 above, this Lease is
binding upon and inures to the benefit of Lessor and Lessee and their respective successors and
assigns.
Section 11.11 Governing Law. This Lease is governed by the laws of the State of Utah.
Section 11.12 Headings. Headings used in this Lease are for convenience of reference only
and the interpretation of this Lease will be governed by the text only.
Section 11.13 Offset. Rental Payments or other sums payable by Lessee pursuant to this
Lease shall not be subject to set—off, deduction, counterclaim or abatement and Lessee shall not
be entitled to any credit against such Rental Payments or other sums for any reason whatsoever,
including, but not limited to any damage or destruction of the Equipment or any restriction or
interference with Lessee's use of the Equipment.
Section 11.14 Interest. If Lessee fails to pay any Rental Payment or other amount due
hereunder within ten (10) days after the due date thereof, Lessee shall pay to Lessor interest on
such delinquent payment from the due date until paid at the rate of one percent (1 %) per month.
Section 11.15 Nature of this Agreement. Lessor and Lessee agree that it is their intention
that, for federal income tax purposes, the interest of Lessor in the Equipment is as a secured
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party and the interest of Lessee is as a debtor with the aggregate principal amount of the Rental
Payments constituting the purchase price of the Equipment, and that Lessor neither has nor will
have any equity in the Equipment.
Section 11.16 Set —Up Fee. As additional consideration for the rights herein granted to
Lessee, Lessee agrees to pay Lessor a commencement or set—up fee of One Thousand Dollars
($1,000.00) on the date this Lease is executed.
Section 11.17 Designation of Issue for Tax Purposes. In accordance with Section 265 of the
Code, Lessee hereby designates this Lease as an issue qualifying for the exception for certain
qualified tax—exempt obligations to the rule denying banks and other financial institutions 100%
of the deduction for interest expenses which is allocable to tax—exempt interest. Lessee
reasonably anticipates that the total amount of tax—exempt obligations [other than (i) private
activity bonds, as defined in Section 141 of the Code (a qualified 501 (c)(3) bond, as defined in
Section 145 of the Code, and any bond issued to refund certain obligations issued before August
8, 1986 as described in Section 265 (b)(3)(B)(ii)(II) of the Code not being treated as a private
activity bond for this purpose), (ii) any obligation to which Section 141 (a) of the Code does not
apply by reason of Sections 1312, 1313, 1316 (g) or 1317 of the Tax Reform Act of 1986 and
which is described in Section 265 (b)(3)(C)(ii)(II) of the Code, and (iii) any obligation issued to
refund (other than to advance refund within the meaning of Section 149 (d)(5) of the Code) any
obligation to the extent the amount of the refunding obligation does not exceed the outstanding
amount of the refunded obligation] which will be issued by the Lessee and by any aggregated
issuer during the current calendar year will not exceed $30,000,000.
Section 11.18 Exhibits. This Lease shall not be effective as against Lessor until such time as
all Exhibits attached hereto, consisting of Exhibits "A" through "E," inclusive, are completed to
the satisfaction of Lessor and delivered to Lessor.
15
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EXHIBITS
Exhibit A Description Of Equipment
Exhibit B Resolution Of Governing Body
Exhibit C Payment Schedule
Exhibit D Opinion Of Lessee's Counsel
Exhibit E Delivery and Acceptance Certificate
Executed this day of , 20
Lessor:
Zions First National Bank
[SEAL] T
Attest:
By
Title
[SEAL]T
Attest:
By
Alex Buxton, Vice President
Lessee:
City of Moab, Utah
By
Dave Sakrison, Mayor
By
Rachel Ellison, City Recorder/Asst. City Manager
16
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EXHIBIT A
Description Of Equipment
Quantity Description/Serial Numbers
12 Fitness equipment: (1)Precor C815iU ES, Upright Bike ES, (2)Precor C815iR
ES, Recumbent Bike ES, (2)Synchro Excite 700 WTV, (1)Synchro Excite 700
LED,(1)Crossover Excit 700, (2)Excite Run NOW 700 Visio, (2) Excite Run
Now 700 Led,(1)Step Excite 700 Visio
Initials of Lessee Signatory
17
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EXHIBIT B
Resolution Of Governing Body
Extract Of Minutes
January 11, 2011
Moab, Utah
The City Council (the "Governing Body") of City of Moab, Utah met in regular session at its
regular meeting place in Moab, Utah on January 11, 2011, with the following members of the
Governing Body present:
Dave Sakrison Mayor
Gregg W. Stucki Council Member
Rob Sweeten Council Member
Sarah C. Bauman Council Member
Kyle D. Bailey Council Member
Jeffery Davis Council Member
Also present:
Rachel Ellison
City Recorder/Asst. City Manager
Absent:
After the meeting had been duly called to order and the minutes of the preceding meeting
read and approved, the following resolution was introduced in written form, read in full, and
pursuant to motion duly made by Council Member and seconded by
Council Member was adopted by the following vote:
YEA:
NAY:
18
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The resolution was then signed by the in open meeting and
recorded by the . The resolution is as follows:
A resolution approving the form of the Equipment Lease Agreement with Zions
First National Bank, Salt Lake City, Utah. Finding that it is in the best interests of
City of Moab, Utah to enter into said Agreement, and authorizing the execution and
delivery thereof.
Whereas, the City Council (the "Governing Body") has determined that a true and very real
need exists for the leasing of the equipment described in the Equipment Lease Agreement
presented to this meeting; and
Whereas, the Governing Body has reviewed the form of the Equipment Lease Agreement and
has found the terms and conditions thereof acceptable to City of Moab, Utah; and
Whereas, the Governing Body has taken the necessary steps including any legal bidding
requirements, under applicable law to arrange for the leasing of such equipment under the
Equipment Lease Agreement.
Be it resolved by the Governing Body of City of Moab, Utah as follows:
Section 1. The terms of said Equipment Lease Agreement are in the best interests of City of
Moab, Utah for the leasing of the equipment described therein.
Section 2. The Mayor and City Recorder/Asst. City Manager are hereby authorized to
execute and deliver the Equipment Lease Agreement and any related documents necessary to the
consummation of the transactions contemplated by the Equipment Lease Agreement for and on
behalf of City of Moab, Utah.
Section 3. The officers of the Governing Body and City of Moab, Utah are hereby authorized
and directed to fulfill all obligations under the terms of the Equipment Lease Agreement.
Adopted and approved this day of
Attest:
, 20
By
Dave Sakrison, Mayor
By
Rachel Ellison, City Recorder/Asst. City Manager
[SEAL]op
19
STATE OF UTAH
COUNTY OF GRAND
)
:SS.
)
I, Rachel Ellison hereby certify that I am the duly qualified and acting City Recorder/Asst.
City Manager of City of Moab, Utah.
I further certify that the above and foregoing instrument constitutes a true and correct copy of
the minutes of a regular meeting of the City Council including a Resolution adopted at said
meeting held on January 11, 2011, as said minutes and Resolution are officially of record in my
possession, and that a copy of said Resolution was deposited in my office on
, 20 .
In witness whereof, I have hereunto set my hand and affixed the corporate seal of City of
Moab, Utah this day of , 20
[SEAL]T
By
Rachel Ellison, City Recorder/Asst. City Manager
20
STATE OF UTAH
COUNTY OF GRAND
)
:SS.
)
I, Rachel Ellison, the duly qualified City Recorder/Asst. City Manager of City of Moab, Utah
do hereby certify:
(a) that in accordance with the requirements of Section 52-4-6 (1), Utah Code
Annotated (1953), as amended, public notice of the 20 Annual Meeting
Schedule of the City Council (the "Governing Body") of City of Moab, Utah was
given, specifying the date, time and place of the regular meetings of the Governing
Body scheduled to be held during the year, by causing a Notice of Annual Meeting
Schedule for the Governing Body to be posted on
20 , at the principal office of the Governing Body at City of Moab, Utah; said
Notice of Annual Meeting Schedule having continuously remained so posted and
available for public inspection during regular office hours of the undersigned until
the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be
provided on , 20 to at least one newspaper of
general circulation within the geographic jurisdiction of City of Moab, Utah, or to a
local media correspondent;
(b) that in accordance with the requirements of Section 52-4-6 (2), Utah Code
Annotated (1953), as amended, public notice of the regular meeting of the
Governing Body on January 11, 2011, was given by specifying in a Notice of
Regular Meeting the agenda, date, time and place of the meeting and by causing the
Notice of Regular meeting to be posted at the principal office of the Governing Body
on the day of , 20 a date not less than 24 hours prior to
the date and time of the Governing Body's regular meeting, and to be provided on
the day of , 20 , to at least one newspaper of general
circulation within the geographic jurisdiction of City of Moab, Utah, or to a local
media correspondent.
In witness whereof, I have hereunto set my hand and affixed the official seal of City of Moab,
Utah this day of , 20 .
[SEAL]T
By
Rachel Ellison, City Recorder/Asst. City Manager
21
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EXHIBIT C
Payment Schedule
Lessee: City of Moab, Utah
Date of Lease: January 25, 2010
Amount Due: $62,127.00
1. Interest has been computed at the rate of 3.66% per annum. Interest shall accrue from the
Commencement Date.
2. Rental payments shall be due annually commencing January 25, 2012. The payments set
forth on the attached debt service schedule shall be due on the 25th day of January up to
and including January 25, 2014.
3. The Option Purchase Price, on any given date of calculation, is equal to the Principal
Outstanding on the Rental Payment Date immediately preceding the date of calculation
(unless such calculation date is a Rental Payment Date, in which case, the Principal
Outstanding as of such date) plus accrued interest from such Rental Payment Date at the
rate set forth in paragraph number 1 above.
[Please see the attached Debt Service Schedule]
The remainder of this page has been intentionally left blank
22
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Moab City, Utah
$62,127 Equipment Lease Purchase
Dated January 25, 2011
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
01/25/2011 - - - - -
01/25/2012 19,969.21 3.660% 2,273.85 22,243.06 22,243.06
01/25/2013 20,700.08 3.660% 1,542.97 22,243.05 22,243.05
01/25/2014 21,457.70 3.660% 785.35 22,243.05 22,243.05
Total $62,126.99 $4,602.17 $66,729.16
Yield Statistics
Bond Year Dollars
$125.74
Average Life
2.024 Years
Average Coupon
3.6599966%
Net Interest Cost (NIC)
True Interest Cost (TIC)
Bond Yield for Arbitrage Purposes
All Inclusive Cost (AIC)
3.6599966%
3.6599926%
3.6599968%
4.5159321 %
IRS Form 8038
Net Interest Cost
3.6599966%
Weighted Average Maturity 2.024 Years
Lease V25/113y I SAIGLEPURPOSE V 6/2011 19:34 AM
Z1ONS BANK ®0 PUBLIC FINANCE
Page 1
Initials of Lessee Signatory
23
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EXHIBIT D
Opinion Of Lessee's Counsel
(Use Attorney's Letterhead)
To: Zions First National Bank
One South Main Street
Salt Lake City, Utah 84111
Gentlemen:
As counsel for City of Moab, Utah ("Lessee"), I have examined duly executed originals of
Equipment Lease Agreement (the "Lease") dated January 25, 2010, between the Lessee and
Zions First National Bank, Salt Lake City, Utah ("Lessor"), and the proceedings taken by Lessee
to authorize and execute the Lease. Based upon such examination as I have deemed necessary or
appropriate, I am of the opinion that:
1. Lessee is a body corporate and politic, legally existing under the laws of the
State of Utah.
2. The Lease has been duly authorized, executed, and delivered by Lessee.
3. The governing body of Lessee has complied with all applicable open public
meeting and notice laws and requirements with respect to the meeting at
which Lessee's execution of the Lease was authorized.
4. The Lease is a legal, valid, and binding obligation of Lessee, enforceable in
accordance with its terms except as limited by the state and federal laws
affecting remedies and by bankruptcy, reorganization, or other laws of
general application affecting the enforcement of creditors' rights generally.
5. The Lease is in accordance with and does not violate the usury statutes of the
State of Utah, if any.
6. There are no legal or governmental proceedings or litigation pending or, to
the best of my knowledge, threatened or contemplated (or any basis therefor)
wherein an unfavorable decision, ruling or finding might adversely affect the
transactions contemplated in or the validity of the Lease.
7. The Equipment (as defined in the Lease) constitutes personal property and
when subjected to use by Lessee will not become fixtures under applicable
law.
Attorney for Lessee
24
EXHIBIT E
Delivery And Acceptance Certificate
To: Zions First National Bank
Reference is made to the Equipment Lease Agreement between the undersigned ("Lessee"), and
Zions First National Bank ("Lessor"), dated January 25, 2010, ("the Lease") and to the
Equipment as such term is defined therein. In connection therewith we are pleased to confirm to
you the following:
1. All of the Equipment has been delivered to and received by the undersigned; all
installation or other work necessary prior to the use thereof has been completed;
said Equipment has been examined and/or tested and is in good operating order
and condition and is in all respects satisfactory to the undersigned and as
represented, and that said Equipment has been accepted by the undersigned and
complies with all terms of the Lease. Consequently, you are hereby authorized to
pay for the Equipment in accordance with the terms of any purchase orders for
the same.
2. In the future, in the event the Equipment fails to perform as expected or
represented we will continue to honor the Lease in all respects and continue to
make our rental and other payments thereunder in the normal course of business
and we will look solely to the vendor, distributor or manufacturer for recourse.
3. We acknowledge that Lessor is neither the vendor nor manufacturer or
distributor of the Equipment and has no control, knowledge or familiarity with
the condition, capacity, functioning or other characteristics of the Equipment.
4. The serial number for each item of Equipment which is set forth on Exhibit "A"
to the Lease is correct.
This certificate shall not be considered to alter, construe, or amend the terms of the Lease.
Lessee:
City of Moab, Utah
By:
Witness (Authorized Signature)
Date:
(Print name and title)
25
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-4135
To: Honorable Mayor and City Council
I
From: Donna Metzler, City Manager
Date: January 7, 2011
Subject: City Prosecutor Contract
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCKI
With Happy Morgan leaving the position of Grand County Attorney, Ms. Morgan
determined that she did not wish to continue the contract for City Prosecutor Services.
After receiving a written notice of termination from Ms. Morgan, the City issued a
Request for Proposals for City Prosecutor Services in December, 2010.
The City received two proposals. Upon review of the proposals, City Staff are in a
agreement that the proposal received from Andrew Fitzgerald best meets the City's
needs. Mr. Fitzgerald has experience in Grand County courts, lives here in Grand
County, and will be able to offer services more effectively and efficiently than the other
company who submitted a proposal. It has been very effective in the past to have the
same individual who performs the Grand County Prosecutor services to perform City
Prosecutor services, although this is not a necessity.
The other company that submitted a proposal was Armknecht and Cowdell out of
Sandy, Utah. Each company's proposal entailed a fee of $3,500 for the services.
However, I have negotiated a contract with Mr. Fitzgerald that entails a $3,000 per
month fee for the first six months, and a $3,200 fee for the remainder of the contract
term, which is a total term of three years. The other provisions of the City Prosecutor
contract remain as they were established under the previous contract with Ms. Morgan.
The previous contract entailed a monthly rate of $2,900.
City staff respectfully recommends approval of the City Prosecutor contract as written.
ADM-MEM-11-01-001
5-5
CITY PROSECUTOR
PROFESSIONAL SERVICES CONTRACT
For and in consideration of the performances and payments provided herein, the
sufficiency of which all parties acknowledge, City of Moab (herein: "City") and
Andrew Fitzgerald (herein: "Attorney"), agree as follows:
1. Attorney shall provide criminal prosecution for the Moab City Police
Department for Class B misdemeanors and below, including screening of
possible criminal prosecutions, preparing cases for trial, researching cases,
interviewing appropriate individuals, appearing in court for motions,
changes of pleas and sentencing, and all other aspects of City of Moab
criminal prosecution work. Attorney shall provide prosecutions of
municipal code violations, including zoning violations and building code
violations, at the direction of the City Manager or the City Manager's
designee. Attorney shall maintain positive and open communications with
the Moab City Police Department, City administrative offices and the City
Planning and Community Development Department. Attorney will work
closely with the County Attorney on felony cases and other relevant
matters.
2. Unless this agreement is terminated according to Section 4 herein, this
agreement shall automatically be renewed annually for a period of up to
three (3) years from the effective date hereof.
3. The fee for services provided under this agreement shall be a monthly fee
of $3,000.00 for the period of January 12, 2011 through June 30, 2011.
From July 1, 2011 to the expiration or termination of this agreement, the
fee shall be $3,200 per month. The City shall make payments under this
agreement after services have been rendered and Attorney has submitted
an invoice for such services to the City.
4. This contract is terminable at will upon action by the Mayor and the City
Council. In the event of termination, Attorney shall promptly submit a final
bill for legal services rendered and shall return all necessary legal files to
the City or any authorized designee upon request.
5. In the event of any dispute concerning this contract, the parties stipulate
to jurisdiction and venue in the Seventh Judicial District Court, Grand
County, Utah. The substantially prevailing party in any such judicial action
shall be entitled to recover reasonable attorney's fees incurred prosecuting
or defending such action, in addition to all actual damages. This contract
shall be construed pursuant to the laws of the State of Utah.
5-6
6. No other promises, representations, or modifications to this contract shall
be binding between the parties unless reduced to writing, lawfully
approved by both parties. If any provision or part of this agreement shall
be declared illegal, void on unenforceable for any reason, the other
provisions and parts shall not be affected but shall remain in full force and
effect.
This agreement is entered into this 12th day of January, 2011 and was approved
and accepted by the Moab City Council on the 11th day of January 2011.
CITY OF MOAB:
Mayor David L. Sakrison Date
ATTEST:
Rachel Ellison
City Recorder
ANDREW FITZGERALD:
Andrew Fitzgerald
STATE OF UTAH )
)s.s
COUNTY OF GRAND )
Date
Date
The foregoing agreement was executed before me by Insert Name, this
day of , 2011. Witness my hand and official seal. My
commission expires:
Notary Public, State of Utah
Address:
5-6
Resolution #01- 2011
A RESOLUTION SUPPORTING SUBMITTAL OF A COST SHARING PROPOSAL
TO THE UTAH DEPARTMENT OF TRANSPORTATION FOR THE US-191 MOAB
NORTH CORRIDOR STORM WATER DRAINAGE SYSTEM
WHEREAS, the City of Moab has been working with the Utah Department of Transportation
UDOT) in a cooperative manner to address storm water drainage issues along US-191 within
the north corridor of Moab City limits, and
WHEREAS, the City's primary concern in the area in question has been to deal with storm
water drainage generated from Stewart Canyon; and
WHEREAS, UDOT's primary concern has been to deal with drainage outfalls along US-191
that affect highway construction and enhancements; and
WHEREAS, UDOT has been unable to address roadway capacity and design issues in the
area in question because the aforementioned drainage issues have not been resolved; and
WHEREAS, the City of Moab has studied these issues with UDOT engineers and HW
Lochner as consulting engineers for UDOT; and
WHEREAS, the parties have determined that a storm water system can be constructed that
addresses both UDOT's and City's UDOT's primary concerns, at a lower overall cost than if
these concerns were addressed separately; and
WHEREAS, this proposed system would involve upsizing the length and size of the lines that
UDOT would have constructed to address UDOT's concerns, in order to add the drainage
from Stewart Canyon into the drainage system; and
WHEREAS, UDOT commonly refers to such upsizing as "betterment"; and
WHEREAS, the cost of "betterment" of a UDOT system above and beyond what is required
for UDOT's purposes is normally borne by the entity requesting the betterment; and
WHEREAS, a diagram and budget analysis of this proposed system are attached to this
resolution; and
WHEREAS, this proposed system would have the following basic elements:
• The capture of drainage from approximately 290 acres of essentially undeveloped area
on the east side of US-191
• Extension of a storm water trunk line within the UDOT Right -of -Way from
approximately MiVida Drive to Motel 6/Black Oil
Resolution #01-2011 Page 1 of 2
5-7
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