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PKT-CC-2014-09-23
Moab City Council September 23, 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 144 Agenda Page 2 of 144 Community Meetings Sep 2014 (Mountain Time) Mo TueV- ii._ Wed Fri Sat ■ l31 [ (_. 75 6 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 1D4pm - Grand 5pm - KZMU Board 5:30pm - Old 7pm - Castle Valley 5:30pm - Moah 12pm - CIB Lunch l 7 [ 9 110 111 [12 113 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County 1.6:30pm - Moab 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 7pm - Moab City 7pm - Thompson 114 115 [16 117 [18 [19 [20 4pm - Grand County 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Watei l 21 l 22 l 23 l 24 l 25 [ 26 l 27 63:30pm - Moab 6pm - Grand County I.5:30pm - Canyon! 7pm - Moab City l 28 [ 29 [30 [ 2 3 H 7pm - Castle Valley 5:30pm - Moab Page 3 of 144 7pm - Grand Wate Community Meetings Oct 2014 (Mountain Time) Mon Tue Wed Thu Fri Sat 28 L 29 l 30 � l 2 3 4 rpm - Castle Valley 5:30pm - Moab 7pm - Grand Wate- l 5 7 l 8 l 9 L 10 l 11 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 04pm - Grand 5pm - KZMU Board 5:30pm - Old 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 07pm - Moab City 7pm - Thompson 112 113 114 L15 L 1 6 17 18 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County •6:30pm - Moab 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water l 19 l 20 121 l 22 l 23 L 24 l 25 4pm - Grand County 6pm - Grand County 1.5:30pm - Canyon! 7pm - Moab City l 26 L 27 L 28 l 29 l 30 L 31 l 1 06:30pm - Moab Page 4 of 144 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, September 23, 2014 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. PRE COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 September 9, 2014 1-2 August 29, 2014 1-3 August 26, 2014 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 AND PROCLAMATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for September 2014 for Helen M. Knight School 4-2 A Presentation by Public Lands Solutions Regarding the Bureau of Land Management's (BLM) Master Leasing Plan SECTION 5: PUBLIC HEARING (None) SECTION 6: SPECIAL EVENTS/VENDORS 6-1 Moab Pride — Orange & After Party on September 26 and 27, 2014 at 2 South 100 West 6-1.1 Approval of a Special Business Event License for Patrick Lloyd Flanigan, d.b.a. Club Rio Agenda 6-2 Moab Ho Down Mountain Bike Festival on October 24 through 27, 2014 at Anonymous Park and Swanny City Park 6-2.1 Approval of a Special Event License for Chile Pepper Bike Shop 6-2.2 Approval of Special Use of Anonymous Park for Tracy Reed Page 5 of 144 6-2.3 Approval of Special Use of Swanny City Park for Wendy Palmer 6-3 Moab Ultimate Frisbee Hat Tournament on October 18, 2014 at the Center Street Ball Park 6-3.1 Approval of a Special Event License for Julie Zender 6-3.2 Approval of a Special Use of Center Street Ball Park 6-4 Back to School Carnival on October 11, 2014 at Rotary Park 6-4.1 Approval of a Special Business Event License for Family Support Center and Grand County/San Juan County Prevent Child Abuse Team 6-4.2 Approval of a Request for a Refund of Park Rental Fees in the amount of $75 6-4.3 Approval of a Request for a Refund of Special Event Fees in the amount of $290 6-5 Recycled Art Show — A Fundraiser for Canyonlands Community Recycling on November 15, 2014 at the Moab Arts and Recreation Center, 111 East 100 North 6-5.1 Approval of a Special Business Event License for Canyonlands Community Recycling, Abigail Scott 6-5.2 Approval of a Class IV Retail Beer License for Abigail Scott 6-5.3 Granting of Local Consent for a Single Event Alcohol Permit Canyonlands Community Recycling 6-5.4 Approval of a Request for a Refund of Special Event Fees in the amount of $290 6-6 Approval of a Private Property Vendor License for Quesadilla Moabilla Located at 83 South Main Street from October 1 to November 30, 2014 and March Ito September 30, 2015 SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Resolution #38-2014 A Resolution Approving the Development and Phasing Agreement for the "Entrada At Moab" Master Planned Development on Property Located at 720 West 400 North in the C-2 Zoning District 7-2 Approval of Proposed Resolution #37-2014 — A Resolution Approving the Agreement between the Utah State Division of Water Rights and the City of Moab DWQ 7-3 Approval of Proposed Streets Service Worker I - Mechanic Job Description 7-4 Approval of Proposed Streets Service Worker II — Mechanic/CDL Job Description SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT Agenda Page 6 of 144 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 Agenda Page 7 of 144 MOAB CITY COUNCIL REGULAR MEETING September 9, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Pro-tem Doug McElhaney called the Pre -Council Workshop to order at 6:15 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Police Chief Mike Navarre, Assistant City Engineer Eric Johanson, Community Development Director David Olsen, Economic Development Coordinator Kenneth F. Davey and Public Works Director Jeff Foster. Mayor Pro-tem McElhaney called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eighteen (18) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer Johanson stated that the Utah Department of Transportation (UDOT) was moving ahead with the 500 West project and so far the project was still under budget. Assistant City Engineer Johanson stated that the 500 West Waterline Replacement Project was also moving forward and would be out to bid in the near future. Under Planning Department Update, Planning Director Reinhart stated that staff has received an overwhelming response to notices sent out to illegal overnight rentals and that he had met with the Moab Area Travel Council to discuss new hotels that are planned and approved as well as affordable housing. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the Questar project was winding down and that staff had September 9, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE Agenda Page 1 of 4 Page 8 of 144 been keeping pretty busy. Councilmember Stucki moved to approve Moab's Alpine to Slickrock 100 Mile Running Event on September 11, 2015 on Sand Flats Road and Mill Creek Drive as follows: Approval of a Special Business Event License for Justin Ricks and Chris Martinez. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Approve the 5Point Film Festival on the Road at Outerbike Event on October 2 and 3, 2014 at Star Hall and the Grand County Courthouse Lawn as follows: 1) Approval of a Special Business Event License for Sarah Wood; 2) Approval of a Class IV Retail Beer License for Sarah Wood; 3) Granting of Local Consent for a Temporary Beer Event Permit for Sarah Wood. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to Approve Puttin' on the Ritz Event on February 14, 2015 at the Grand Center as follows: 1) Approval of a Special Business Event License for Seekhaven, Inc./Jaylyn Hawks; 2) Approval of a Class IV Retail Beer License for Jaylyn Hawks; 3) Granting of Local Consent of a Single Event Alcohol Permit for Jaylyn Hawks/Seekhaven, Inc.; 4) Request by Jaylyn Hawks/Seekhaven, Inc. for a Refund of Fees in an amount not to exceed $290.00. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve the Gran Fondo Moab on May 1 and 2, 2015 at the Moab Recreation and Aquatic Center as follows: Approval of a Special Event License for Scott Guzman Newton. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to Approve the Moab Folk Festival/Moab Folk Camp on November 2 —10, 2014 at the Moab Arts and Recreation Center, the Center Street Ball Park, Star Hall, the Grand County High School and Three Dogs and a Moose as follows: 1) Approval of a Special Event License for Friends of the Moab Folk Festival; 2) Approval of Special Use of the Center Street Ball Park for Melissa Schmaedick; 3) Approval of a Park Alcohol Permit for Center Street Ball Park for Eric Jones; 4) Approval of a Class IV Retail Beer License for Eric Jones; 5) Granting of Local Consent for a Single Event Alcohol Permit for Friends of the Moab Folk Festival. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve Proposed Ordinance #2014-08 September 9, 2014 SPECIAL EVENT MOAB'S ALPINE SLICKROCK 100 MILE RUNNING EVENT, APPROVED SPECIAL EVENT 5POINT FILM FESTIVAL, APPROVED SPECIAL EVENT PUTTIN' ON THE RITZ, APPROVED SPECIAL EVENT GRAN FONDO MOAB, APPROVED SPECIAL EVENT MOAB FOLK FESTIVAL/MOAB FOLK CAMP, APPROVED PROPOSED ORDINANCE #2014- Agenda Page 2 of 4 Page 9 of 144 A n O r d i n a n c e A p p r o v i n g t h e V a c a t i o n o f a P o r t i o n o f C o l o r a d o A v e n u e P u b l i c R i g h t - o f - w a y a s P l a t t e d i n t h e P a l i s a d e s S u b d i v i s i o n , P l a t " A " , a n d A m e n d i n g L o t 6 , B l o c k 4 , L o t 1 8 , B l o c k 2 , a n d L o t s 1 7 a A n d 1 7 B a n d A c c e p t i n g a D e d i c a t i o n o f P r o p e r t y t o M a i n t a i n t h e R i g h t - o f - W a y W i d t h o f F i f t y F e e t a n d R e a l i g n i n g t h e C o l o r a d o A v e n u e R i g h t - O f - W a y . C o u n c i l m e m b e r E r s h a d i s e c o n d e d t h e m o t i o n . C o u n c i l m e m b e r B a i l e y s t a t e d t h a t h e w o u l d b e a b s t a i n i n g f r o m v o t i n g d u e t o a p e r c e i v e d c o n f l i c t o f i n t e r e s t . T h e m o t i o n c a r r i e d 4 - 0 a y e . C o u n c i l m e m b e r P e t e r s o n m o v e d t o A p p r o v e P r o p o s e d R e s o l u t i o n # 3 5 - 2 0 1 4 A R e s o l u t i o n A p p r o v i n g a R e q u e s t e d B o u n d a r y L i n e R e m o v a l b e t w e e n L o t s 2 8 A a n d 2 8 B , P h a s e 2 o f t h e P r e s e r v e S u b d i v i s i o n . C o u n c i l m e m b e r S t u c k i s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r S t u c k i m o v e d t o A p p r o v e P r o p o s e d R e s o l u t i o n # 3 6 - 2 0 1 4 A R e s o l u t i o n A p p r o v i n g t h e H u l s e M i n o r S u b d i v i s i o n . C o u n c i l m e m b e r E r s h a d i s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r B a i l e y m o v e d t o A p p r o v e P r o p o s e d O r d i n a n c e # 2 0 1 4 - 0 6 A n O r d i n a n c e A m e n d i n g t h e C i t y o f M o a b M u n i c i p a l C o d e , C h a p t e r 1 7 . 3 , S A R , S e n s i t i v e A r e a R e s o r t Z o n e a n d s p e c i f i c a l l y a m e n d i n g t h e A r e a , W i d t h a n d L o c a t i o n R e q u i r e m e n t s o f S e c t i o n 1 7 . 3 2 . 0 3 0 ( A ) , M i n i m u m D e v e l o p m e n t A r e a , r e d u c i n g t h e m i n i m u m a r e a f r o m f o r t y a c r e s t o t w e n t y f o u r a c r e s . C o u n c i l m e m b e r S t u c k i s e c o n d e d t h e m o t i o n . T h e m o t i o n f a i l e d 0 - 5 n a y . C o u n c i l m e m b e r S t u c k i m o v e d t o A p p r o v e P r o p o s e d O r d i n a n c e # 2 0 1 4 - 0 2 A n O r d i n a n c e A m e n d i n g M o a b M u n i c i p a l C o d e C h a p t e r 1 7 . 0 9 , S p e c i f i c a l l y A d d i n g A N e w S e c t i o n 1 7 . 0 9 . 5 4 0 , H o m e O c c u p a t i o n s A n d A d d i n g A N e w R e f e r e n c e T o C h a p t e r 1 7 . 0 9 . 5 4 0 I n S e c t i o n 5 . 0 8 . 0 1 0 D . C o u n c i l m e m b e r P e t e r s o n s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r S t u c k i m o v e d t o A p p r o v e P r o p o s e d O r d i n a n c e # 2 0 1 4 - 1 0 A n O r d i n a n c e T o A m e n d T h e M o a b M u n i c i p a l C o d e , T i t l e 1 5 . 4 4 , B u i l d i n g s A n d C o n s t r u c t i o n , A n d S p e c i f i c a l l y , S e c t i o n s 1 5 . 4 4 . 0 7 0 , I n t e r m i t t e n t L i g h t , F l a s h i n g O r M o v i n g L i g h t s P r o h i b i t e d , A n d 1 5 . 4 4 . 3 9 0 , B . 7 . , D e f i n i t i o n s , T o A l l o w C o m p u t e r i z e d M e c h a n i c a l C h a n g e s T o G a s P r i c e s O n F u e l F a c i l i t y S i g n s . C o u n c i l m e m b e r B a i l e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 3 - 2 a y e w i t h C o u n c i l m e m b e r s B a i l e y a n d P e t e r s o n v o t i n g n a y . U n d e r D i s c u s s i o n R e g a r d i n g a C i t y A l l o c a t i o n o f F u n d s f o r a R e g i o n a l S e p t e m b e r 9 , 2 0 1 4 0 8 , A P P R O V E D P R O P O S E D R E S O L U T I O N # 3 5 - 2 0 1 4 , A P P R O V E D P R O P O S E D R E S O L U T I O N # 3 6 - 2 0 1 4 , A P P R O V E D P R O P O S E D O R D I N A N C E # 2 0 1 4 - 0 6 , F A I L E D P R O P O S E D O R D I N A N C E # 2 0 1 4 - 0 2 , A P P R O V E D P R O P O S E D O R D I N A N C E # 2 0 1 4 - 1 0 , A P P R O V E D D I S C U S S I O N R E G A R D I N G C I T Y A L L O C A T I O N O F F U N D S F O R A A g e n d a P a g e 3 o f 4 P a g e 1 0 o f 1 4 4 Water Study, City Manager Metzler made a presentation. Discussion followed. Under Reading of Correspondence, Councilmember Peterson stated that she has received correspondence regarding developing some regulations for businesses that conduct tree work. Under Mayor And Council Reports, Councilmember Bailey stated that he had received some complaints regarding odor at the Waste Water Treatment Plant. City Manager Metzler stated that staff was aware of the issue and were working with the consulting engineering firm to resolve the issues. Councilmember McElhaney stated that would be attending the Utah League of Cities and Towns Annual Convention in Salt Lake City. Under Administrative Report, City Manager Metzler stated that staff had been working on the Lions Park project and the project was making rapid progress. City Manager Metzler then stated that there would be an Interlocal Agreement on the next agenda for the regional water study. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $416,472.52. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Pro-tem McElhaney adjourned the Regular Council Meeting at 8:02 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder September 9, 2014 REGIONAL WATER STUDY READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 4 of 4 Page 11 of 144 MOAB CITY COUNCIL SPECIAL JOINT CITY/COUNTY MEETING August 29, 2014 Moab City Council held a Special Joint Moab City/Grand County Council Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 11:35 AM. In attendance for Moab City were: Councilmembers Doug McElhaney, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta and Economic Development Specialist Ken Davey. In attendance for Grand County were: Councilmembers Lynn Jackson, Ken Ballantyne, Elizabeth Tubbs, Gene Ciarus and Pat Holyoak. Also in attendance were Council Administrator Ruth Dillon, County Planner Krissy Braun, Office Coordinator Ka Leigh Welch and County Clerk Diana Carroll. Nineteen (19) members of the audience and media were present. Mayor Sakrison made a presentation regarding Multi -Agency Special Event Coordination. Discussion followed. County Councilmember Tubbs made a presentation regarding a Housing Authority Update. Discussion followed. County Planner Braun made a presentation regarding a Water Study Update. Discussion followed. Mark Stillson of the Division of Water Rights made a presentation regarding Alternatives for a Water Load Out Facility. Discussion followed. County Council Chair Jackson made a presentation regarding the Sharing of Economic Development Coordination between the City and County. Discussion followed. Mayor Sakrison adjourned the Special Meeting at 12:59 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder/Asst. City Mgr. August 29, 2014 SPECIAL MEETING & ATTENDANCE PRESENTATIONS AND DISCUSSIONS ADJOURNMENT Agenda Page 1 of 1 Page 12 of 144 MOAB CITY COUNCIL REGULAR MEETING August 26, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Police Chief Mike Navarre, City Planner Jeff Reinhart, Assistant City Engineer Eric Johanson and Public Works Director Jeff Foster. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twelve (12) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Council Meeting Minutes of August 12, 2014. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Under Citizens to Be Heard, Sara Melnicoff spoke on behalf of the Friends of the Moab Parkway and stated that the group was formed ten years ago. Ms. Melnicoff then gave an update on the progress the group had made during those ten years including efforts to rehab the homeless population of Moab. Randy Day spoke on behalf of Mr. and Mrs. Jerry White and property that they have been trying to develop. Mr. Day stated that City Staff had been very helpful in outlining the limitations and issues with the property and that due to City Code it would cost more to develop the property than the property is worth and Mr. Day stated that he felt this was punitive to the property owners. Mr. Day suggested that an agreement could be reached regarding the retention dam that is located on the owners other parcel of property and that something could be worked out. Mr. Day extended appreciation to City Staff for their time and effort. A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer August 26, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE Agenda Page 1 of 3 Page 13 of 144 Johanson stated that he had looked at the White's property several times. Assistant City Engineer Johanson stated that the 500 West Waterline Replacement Project was going well as was the Lions Park project although some issues had developed in the grading plan. Assistant City Engineer then stated that the kickoff meeting for the Water Tank Study would take place the following day. Under Planning Department Update, Planning Director Reinhart stated that the property issue that Mr. Day had brought up was indeed very complex. Planning Director Reinhart then gave an overview of the next Planning Commission Meeting Agenda. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that he had been working on the Capital Facilities Plan for the Waste Water Treatment Plant and that staff had been busy keeping up with weeds and tree trimming. Mayor Sakrison opened a public hearing on Proposed Ordinance #2014- 08 — An Ordinance Approving the Vacation of a Portion of Colorado Avenue Public Right-of-way as Platted in the Palisades Subdivision, Plat "A", and Amending Lot 6, Block 4, Lot 18, Block 2, and Lots 17a And 17 B and Accepting a Dedication of Property to Maintain the Right -of -Way Width of Fifty Feet and Realigning the Colorado Avenue Right -Of -Way at 7:14 PM. Planning Director Reinhart gave a brief overview of the proposed ordinance. No public comment was given. Mayor Sakrison closed the public hearing at 7:17 PM. Councilmember Peterson moved to approve Approval of a Lease Agreement for Office Space for the Moab Arts and Recreation Center with Community Rebuilds. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the Mayoral Appointment of Recreation Director Chad Wright to the Grand County Recreation Special Service District Board. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. August 26, 2014 PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PUBLIC HEARING OPENED ON PROPOSED ORDINANCE #2014- 08 PUBLIC HEARING CLOSED OFFICE SPACE LEASE AGREEMENT WITH COMMUNITY REBUILDS, APPROVED MAYORAL APPOINTMENT TO RECREATION DISTRICT, APPROVED Agenda Page 2 of 3 Page 14 of 144 Councilmember Peterson moved to approve the Police Lieutenant Job Description. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Mayor And Council Reports were not given. An Administrative Report was not given. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $427,527.19. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:19 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder August 26, 2014 POLICE LIEUTENANT JOB DESCRIPTION, APPROVED READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 3 of 3 Page 15 of 144 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2o24 / Agenda Item #: 6-1 / Title: Approval of a Special Business Event License for Patrick Lloyd Flanigan, d.b.a. Club Rio for the Orange and After Party Fiscal Impact: There is no significant fiscal impact on the City due to this event Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Patrick Lloyd Flanigan d.b.a. Club Rio Background/Summary: The Orange and After Party is a revised event at a new location. This event is associated with the Moab Pride Festival and is slated for September 26 and 27. This event essentially the "overflow" of patrons from Club Rio into the Club Rio parking lot during the evening hours during the Festival. The area will be sectioned off. No alcohol will be served out -of doors. The State does not require a special event alcohol license since alcohol will not be sold outside. Additional security and parking have been secured. Fire dancers or other entertainment may be provided in the parking lot. All out-of-doors amplified music and entertainment will be curtailed at 10 pm, pursuant to city code. City staff have met with the applicant and we are of the opinion that the applicant has addressed all concerns with this event. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license as submitted. Recommended Motions: "I move to approve the Special Business Event License for Patrick Flanigan, d.b.a. Club Rio for the Orange and After Party." Attachment(s): Application materials Agenda Page 16 of 144 SPONSORS ADDRESS: 4.-1 u crm,kri vet so L ¢ e- DATE PAID: AMOUNT PAID: RECEIPT NO.: 13 ` q(I CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $200.00 PLUS (CHECK ONE): ❑ TRANSIENT ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: C. NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: rYl my-) - axiNkiE t of rte_ Prot: Y evivdtp-\ N(q. of Mci-kc k)o, r‘A S � ST-Ing 1; v v 5 k o• 2 SQuVs:1 1Dv V/ C_ Fog_ Erai (rf -eastkurrt_. e(Ar T Y TEMPORARY STRUCTURES TO BE USED (IF ANY): L n,rCO,bm-,_ vr‹.-F Wk.S Ct, AC v1Gt TO h1tc26 pc1 (� Vj EEn r(, nce DATE(S) AND TIME(S) OF EVENT: 4.3F ZAP ) Z� Z. o A 9 = () u p m ) s- 0 0 GZ rY) �f ANTICIPATED # OF EVENT PARTICIPANTS: 2-00 TYPES OF VENDORS PARTICIPATING IN EVENT: NUMBER OF VENDORS PARTICIPATING: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): r_L.r_ablicLimc, % 51.E?volt ,(YLC. tk,DP_ . rick ' 551o VL C miry. 5 EVENT SPONSORS NAME: Q V T Q...oh LA 00 An I3 a yl CITY: Yh D SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION OOTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: 4ME REGISTERED WITH THE STATE FOR TAX ID: PHONE: 435• Z,p(3.08B STATE: LIT- ZIP: 81453 DATE OF BIRTH: lhba15 1 hveST_Cr'I /TTS THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IIVVE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEABE PRLHT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APP ). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 4 (1(.4,il1 gnature W uponsor St: a of Utah ) County of Grand ) n SUBCRIBED AND SWORN to before me this /d day of /T Li- ka�- a.0 /Cf NOTARY PI - IC SS s an_ r Mk_ �-AM AO- aai JENNIE ROSS Notuy Public State of Utah Comm. No. 861521 My Comm. Em eree Dec 11, 2018 • 1 ) SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! _ co c a) Q Page 17 of 144 CITY OF OAB MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: *WI ATA1��U1011 �1 O4ep MOAB CITY CODE: n . o1. 29,0 SIGN PERMIT: grAU114 Y MOVED -ON NECESSARY: ❑ YES **4° REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 7'NO REVIEWED BY ZONING ADMINISTRATOR: DATE: $ • IQ, • 1I- F NAME OF APPLICANT' E P1` V,2_1G fLGnI3an /CUR) APPLICANT'S MAILING ADDRESS: . - DN a1(p CITY: WIpU,9) STATE: V'S ZIP: iy-(G37_ PHONE: 1'I1)5- Z W)* O 6B0 - pp D— ...GG ' NAME OFEVFNT' Rig? ReAoE - aetkI(l ptQ-T\i/ - A Fveg .Pne-r 1 _mo i LOCATION OF EVENT: C LV'i] ek. LU - 2 Soo t 1/4\ i ix.) W ES T ZONE: (fi) uk (� io..'1Cea_ t\ 4 5T(Iik.- f FO L ' DETAILED DESCRIPTION OF SPECIAL EVENT: C-,(�vCi C. � E Z AO 0.- .Ceca \ VAL_ ?Nola:* . c� c a) cn Q Page 18 of 144 06116105 " / A 3 W - A n i Z i L \ g ��8 J 2 �� 1 - \ A I N W O W P a g e 1 9 o f 1 4 4 (4;es-V _ Z-e_zt,&c Page 20 of 144 Agenda --C--e_--e_:-L C I uP) q-,\I 1-eMPoro\CY Vigiv-}-TO Page 21 of 144 Den9LSS0P01768gP6o1.176a6e'uOtPelloo•dde-e auudiwoo;senbdewwvamtvi:dray asn;o aisu pe awnsse noA .Appgesn olnw Jo sumpuoo pea luaauoo mawjo Aaeinaoe ay};o ea;ueien8 ou aaiew ate, •asry;o awe'. IsanpdeN ay; ol;oa(gns si sdew pue suopanp;o asry auk Isanbden Kozc E Lsz-ZEg fre in 'wow M001.SZ deal pallgun 1senbdew SOTON Page 22 of 144 deo! - suoi}oaaia buywa - sdeN asenodeW ti 60ZIV16 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2o24 Agenda Item #: 6-2 Title: Approval of a Special Event License Application/ Approval of Park use Permit for Anonymous Park/ Approval of a Park Use Permit for the Moab Ho -down Bike Festival Fiscal Impact: n/a Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Chile Pepper Bike Shop/Tracy Reed/Sylvi White Background/Summary: The Moab Ho -down Festival is on ongoing bicycle festival that consists of several events, including a dirt jump competition, downhill races, skills clinics, costume parties and more. The festival will be held October 23-27, 2014. The skills course will be held on October 23 through 25, while the dirt jump competition will be held October 24 through 27. Two of the events need city approval, which can be accomplished with one permit: the dirt jump competition at the Anonymous Park BMX track, and a skills workshop at Swanny Park. The skills workshop is very small scale, with approximately 10-20 participants expected. The dirt jump competition is a fund-raiser for the bike park. Conditions for approval should include: Securing permission from the Grand Center for parking for the dirt jump competition, repositioning the wooden items used for the skills course for each day of the clinic and that organizers ensure that no spectators or participants are in the lanes of traffic on 500 West. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of the requested permits and licenses subject to the conditions that the event organizers secure permission from the Grand Center for parking, that the skills clinic reposition the wooden items on the grass for each day of the clinic and that event organizers ensure that no spectators or participants are in the lanes of traffic on 500 West. Recommended Motions: "I move to approve the agenda items associated with the Moab Ho -Down with the recommended conditions." Attachment(s): Application materials Agenda Page 23 of 144 DATE PAID: AMOUNT PAID: RECEIPT NO.: 9a'1' 13 6 OS"] NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 90.E SPECIAL EVENT FEE: see:te LICENSE #: ZONE: ail v it tv: 44, A 3 d ; 6)1 4 VAra. riNfa S R--IzIL 1o1ai tare rZ �Sl�h I� at (111:Pie,.eZF TEMPORARY STRUCTURES TO BE USED (IF ANY): e f CA.÷.)2ii p(3,4 An Lt.) sU� r ��! DATE(S) AND TIME(S) OF EVENT: 2� ^ Y 4l�L j s - t1 4.2-2> — S to r,ot �] 7-`f - " / �7 �q� fPar21 ANTICIPATED # OF EVENT PARTICIPANTS: EVENT SPONSORS NAME: P Irperaet_ iii t t S "~i � + SPONSORIS ADDRESS: � S I `$ i � a� CITY: r r �,AS, STATE: %. � ZIP: A `-F s 3 Z SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: PHONE: -0— 11-1.•F" DATE OF BIRTH: 1 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 WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE,DELAYED. I/WE CITY SPECIAL LAW THE INF LOCATION l �s� I�fi7n E(S) HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB ICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF ON CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED NSOR. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this 10 day of .Stp-i-• , • NOTARY PUBLIC cc C a) Q I ; „ JENNIE ROSS Notary Public State of Utah Comm. No. 681521 My Comm. Expires Dee 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 24 of 144 { CITY OF oAB SPECIAL EVENT LICENSE COMPLIANCE FORAM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: A , MOVED -ON NECESSARY: ❑ YES ❑ NO REQUIRES PLANNING �}� COMMISSION APPROVAL El YES E IVO REVIEWED BY ZONING ADMINISTRATOR: DATE: fed JO echer_d R,46vot . NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: PHONE: S —[ 8 S . I< r `i` : h STATE: (.4—T ZIP: a 11,5 3 : NAME OF EVENT: al, (-I0 L1014JI-1 F4, i ' v 0 . LOCATION OF EVENT: ,-4.0 (412-14-- / 61 k € Pa- I'Lk` ZONE: �❑ ffff i DETAILED DESCRIPTION OF SPECIAL EVENT: we kJ, lai R c i ► .± j i.,44-ne) C %jrj pe- + � C7 '-) Syr Q i4.n-1 �A t % ��?a —1 ! � can �J4, - itn tlYZvylt _ii u .S / i1 i kd I� e E ss t L L ` - a s + Q rn i C --r-Th-,e 1)-D i1,-/c ws ti Ao it/ Y1lI-AI 1 e- • l ' if s -eV/>r4 i I.-kelij-.olf ILA i s tie --(151‘. -f 1 I Aseie . - - Ai �. Page 25 of 144 06116/05 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY _ Applicant Information Name of Person Responsible for Use of Park: Name of Organization and Event if applicable: Address: (S Day Phone: 1-1-39'? 51 - Email: eA 6 L.�7'- �h;1e kei • CcS� Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park: .rcR6n, n, �Q.z-12_. Please indicate the propo d dates nd times of use: t Proposed Start Date. I a Start Time: � ar /pm End Time. am/p Proposed End Date: Start Time. am/pm End Time. V- am/ � Please specify what areas of the park are proposed for use. 4e? 01411119 +X a ) iJAttic, i 12-4Jury D to gnX -ht-Act- For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. 2 D Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: eet, tip en t—s J lit s l pD I { —{� J 1 _.+ Will amplification be required for your event? Yes V No Please specify any electrical needs for your event: )1.,6Y), IiJ l [dam e 4 k-rKsiL G,K'r ev.-4-4--st-�-- Please describe the parking and traffic plan for your event. Location o arking, signage, traffic control devices, use (oaf volunteers, etc. should be described. p -eVi-if � --hu -l- i L w i i i , obit, ,e d ,rat --iia �c 1- �-ei� eft_ 'Wi--r% g�y�_ a. VDlcAn're,� g.vz-lc titc4-1 -Nixm&t If you anticipate any streclos�es for your event, please describe be, and show he accompanying diagram. a S--hu c 4- CXoSIA .e y11 e .o .e as d a) Q PLEASE COMPLETE OTHER SIDE Page 0 of 25 0 - as -a a a) a) < City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: vV END1 PA L M E ja Name of Organization and Event if applicable: MO A-2 itC6 lio�rJ � Mt;a3 MTN gueE iNSTjeVG?IaN Address. Br* i'I�3 M19,2. 2 (,fT gZ5S3 Day Phone: 4-z=5 "tea" �%�� Email: hi-r'nz----/hrryi ; Ga rr� Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: /0 / a3 Start Time: � t�pm End Time: _ Z am/, Proposed End Date: /07 . S Start Time: 7 (9pm End Time. 2- am Please specify what areas of the park are proposed for use. W T 6 Ass ►J D EPK-r 6g4456/Roc, K-- Ate-Silr For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: �� Number of spectators that you expect: 2. Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Two 1./VVVI7EN 37:)xFS ero. � booaDEA) 5r3/1--D 6 kirp Will amplification be required for your event? Yes No Please specify any electrical needs for your event: Pb IU G Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, useofvolunteers, etc. should be described. ktoli Liti-6 r/4-12K-iM SETS If you anticipate any set closures for your event, please describe below, and show on the accompanying diagram. Nog as d a) Q PLEASE COMPLETE OTHER SIDE Page 28 of 144 Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No 1/7-- Please describe any security or crowd control measures you plan for use of the park: WE `CAS fir=-T1--07 so A-) E-1/ att. 40-- 460 L.SrEP-E6 fhericii2A--t..s S D U / pfrmAir, For groups over 100 people, please describe your refuse control and recycling plan: Please describe your clean-up plan during and after the event: IL �s u M � �c1E ,v � IT Please escri a your restroom facility plan: Stil4A/A1 �ra Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community -VnCFLEf , Zfrree_ d/45rt" BIKE- Pfive---� r1 ea} -7-724,01. D Pi(t-PAfr Please specify and describe other community or city faci ities that you pla0 to use: — m0A-Q s uce 17A-5z. 50-b west Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any condit" ns attaghed tos, ermit. Signature of Contact Person: Date. ?// Office Use Only Public Works Review: Police Department Review. Administrative Review. Park Use Fee. Date Fee Paid. Date of City Council Approval. Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals //J b as d a) Q Page 29 of 144 Swarmay Park J Q 400North Street Nab N9T i3- //N GAS A r T 1 u S14M E To Main St. One Block Aquatic Center Park0hVe 6 Covered Picnic Tables N SCALE 1" = 100' FEET 3 Picnic Tables 100 50 0 100 200 TI M /00 !West Street as d a) Q Page 30 of 144 Womens ,kills Ulmic I Moab Ho -Down Mtp://moabnonown.convwomens-s1a11s-ciimci Womens Skills Clinic Moab Mountain Bike Instruction is offering another amazing women's skills camp at the Moab Ho Down! This is an excellent opportunity to take your riding to the next level! Certified coaches Wendy Palmer and Sylvi White will be heading up the camps and are super pumped to get more ladies out there shredding! Consider yourself an advanced rider? You can participate too! Wendy Palmer is a veteran professional racer and can increase your skills, fluidity, and overall riding! This year the clinic will have two options. Option 1.) 2-day Standard Mountain Bike Skills Camp headed up by Sylvi White will be Friday and Saturday. Friday and Saturday will cover specific skills in the park for the mornings followed by on trail instruction in the afternoons. Option 2.) 2-day Enduro Specific Camp headed up by Wendy Palmer will be Thursday and Friday. Thursday will cover drops, bunny hops, pump track and jumps at the Moab Bike Park. Friday will cover line selection and skill implementation on the Enduro race courses. Page 31 of 144 epue6v 2 of 2 9/ 16/2014 12:52 PM AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2o24 Agenda Item #: 6-3 / Title: Approval of a Special Business Event License for Juile Zender to Conduct the Moab Ultimate Frisbee Hat Tournament on October 18, 2014 Fiscal Impact: n/a Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Julie Zender Background/Summary: The Ultimate Frisbee event is a new event. The request is for use of the Moab Ball Fields from 9:00 a.m. to 5:00 p.m. at the Moab Ball Fields on October 18, 2014. There are no City Recreation events or programs taking place at the ball park that day. This event is small in scale (50-70 people) and city staff do not foresee any problems. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license and park use permit as submitted. Recommended Motions: "I move to approve the (insert title of agenda item)." Attachment(s): Application materials Agenda Page 32 of 144 DATE PAID: AMOUNT PAID: RECEIPT No.: )3to? W CITY OF MOAB SPECIAL EVENT LICENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $90.00 LICENSE #: ZONE: ' V NAME OF EVENT: m OeLh U I `f M d_ke, T r } 1 2e_ c HAf TOU rn _ary) Ih '- DESCRIPTION OF EVENT: ,�UthWeSt pi av&K 9 athe r to Socwa i 17 e and place rri ero LOCATION OF EVENT: Uj annV r C��'] {Qir S.+• Pa( Part 1) PREMISES TO BE USED: Arl Q i t 0 T TEMPORARY STRUCTURES TO BE USED (IF ANY): n A ANTICIPATED # OF EVENT PARTICIPANTS: v O DATE(S) AND TIME(S) OF EVENT: EVENT SPONSOR'S NAME: �Il j 7ehigrP� PHONE: 8.17 01 -8 jZ SPONSOR'S ADDRESS: wain v- in. SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: CITY: nri e cti ✓ STATE: • u T ZIP: Kzi5 -; Z DATE OF BIRTH: L 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 WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OiiF11A LICENSE WILL {B.E� DELAYED. INVE U L i e�,6 f v [ HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB Ir rliak ! CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. Signature of Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this /,), day of NOTARY PUBLIC _ oz-114 Date Szi, JENNIE ROSS Notary Public ` State of Utah Comm. No. 661521 My Comm. Expires Dec 11. 2016 I SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! co c a) Q Page 33 of 144 Cis OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: E ?ACT��1� ll-051,4M0 r0v" V' ❑ YES "iNo ❑ YES No DATE: e' I R' v' NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: June, 7frickr waihtrf- In� Cry: hA 0MO PHONE: STATE: 841-204-R121 VT zip: 84531 • NAME OF EVENT: ; r cc U ei Frisicet,Hti f E ou F 1 a roijn 4' I � LOCATION OF EVENT: rS/ otri nv Or Center SI . � � i Pa rma ZONE: 3- ut 1At emn- i DETAILED DESCRIPTION OF SPECIAL EVENT: 111 {� 1 ]t a n n U a (hvery I lv) evon-L(u l l Sc ulriweS+ -4 isle playas +5(35(11er -e-or a day of Puri' ard ' are Orovi dicta .r-eiod ai ujordso 13 tAJe Cg....)G[nf Lt,ivzle 010•64 ? 01,n fiat 9rossy et e lds +o {play Fr i s ec � c a) cn Q Page 34 of 144 06116/05 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY keimmila Applicant Information J Name of Person Responsible for Use of Park: i ly 1 le 7 ender or- :oI I or- E ri I-) H VS! l Name of Organization and Event if applicable: m O a 10 up i n• tr it Fri [he c Tt,Urirlam C//`I Address. I 1 r1 U Jr I Yl v r) D c:;.n , Li F Day Phone:Email: Proposed Park Usage Information Which park to you intend to use? Swanny Park: Other (please indicate name of park. C C rl fCr S+. 86fi I Please indicate the proposed ates and times of use: /.7 PC1 tek:- Proposed Start Date: 10 I Start Time. 71 am pm End Time- am/pm Proposed End Date: in I g - 141 Start Time: am/pm End Time. 5 am Please specify what areas of the park are proposed for use. C7KaS. S / -1rI0.+ nut ri e Id For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of a11Atructures and facilities. Number of participants you expect. 60 Number of spectators that you expect: _20 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: 1V/A— Will amplification be required for your event? Yes No Please specify any electrical needs for your event: KIon Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. h )611 i 14V Wit ra06 01 !Cr 10(C -i I(Jf � or vi e VCIIICIOlf PUO IC- P6Irkir+11 � UrroUholt01 Loaf k If you anticipate any'street closures for you ve t, please scribe below, and show on the accompanying diagram. N/A as d i) Q PLEASE COMPLETE OTHER SIDE Page 35 of 144 Do you intend for the park to be open to the public during your event? Yes Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you plan for use of the park: For groups over 100 people, please describe your refuse control and recycling plan: Please describe your clean-up plan during and after the event: WI li onhakg_ :SifeC c Ir Ione_s (Inc, POase cksicribe q�lur�rloom facility plan: W I' -1-0 Ice, 4-0 Irc...C\G I.0 Ceo,11•C r f uu- i A.J) [ I 5e: r A l it MSOrncc.( hew) e i(egtoo it'll h earhx./ 0 � No , //A t_u l l 1 rro v a_ (I Other Information � "., Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Tor Soul hikes [) 1-I r yctfe ► of „I-0 -I � hat eypre -cc/ c�-�-- 11-YlereS4- ►n Cornln.9 fU /Ylocch „Itn-F srreziscijact ((, IrPnesg ab-\114 -the i oore Srecif a Waif y -41-40 the, Please specify and describe other community or city facilities that you plan to use: v �utln p iQLierc J Have you applied for a Special Event Permit for this use? Yes No i Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide bythe City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: �J Office Use Only Date. Public Works Review: Police Department Review. Administrative Review. Park Use Fee: Date Fee Paid. Date of City Council Approval: Insurance Received. Final Set up Diagram Received. Special Conditions or Requirements: Other Required Permits and Approvals c� d a) Q Page 36 of 144 Swamy Park 400North Street 6 Covered Picnic Tables a � O \\\\\\ \\\\ �l \�`Z� Park Dri fe as d a) Q 100 50 0 100 N SCALE 1 1" = 100' Page 37 of 144 200 FEET To ain St. Orfe Block AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2o24 Agenda Item #: 6-4 r Title: Approval of a Special Business Event License for Grand County Family Support Center and Grand County Prevention of Child Abuse to Conduct a Back to School Carnival on October 11, 2014 at Rotary Park Fiscal Impact: This event creates no significant impacts on the City's fiscal situation Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Grand County Family Support Center and Grand County Prevention of `Child Abuse Background/Summary: The Back to School Carnival is a recurring event. The event is small in scale and there have been no issues with the event in the past. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license as submitted. Recommended Motions: "I move to approve the Special Business Event License for the Grand County Family Support Center and Grand County Prevention of Child Abuse to Conduct a Back to School Carnival on October 11 at Rotary Park." Attachment(s): Application materials 1 Agenda Page 38 of 144 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: NAME OF EVENT: e Cie R S i1 0Car n t U a 4 '`�" , DESCRIPTION OF EVENT: Games r Z��S f "� U .S) 30� 1 C 4R; 4.d l � D t aZ. "YAM LOCATION OF EVENT: PREMISES TO BE USED: 1 \-20-Via TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: SCI A--L jr ANTICIPATED # OF EVENT PARTICIPANTS: 1� ark Mtla. b LIA -ai1\ -` abtes # ciAi ld, retAs q awes' NUMBER OF VENDORS PARTICIPATING: 3 Y1 0 TYPES OF VENDORS PARTICIPATING IN EVENT: KC\ti }� i \Z.L SG4� [ os4er Ca >r, EVENT SPONSORS NAME: -. L4. olDor niter 4 (�. {L.S� SPONSOR'SADDRESS: "-"� dam CITY:r STATE: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION �fIARGES, BOOTH FEES, RENTAL CHARGES, ETC.): in r aynate, u l �'� ���� Oa r 6A � �0��e���a�1 � �� ass, eic ZIP: SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP CI PARTNERSHIP CI CORPORATION �YOTHER (SPECIFY): Non_ (Dv C�� � t Wcrk--qc._ EVENT SPONSORS SALES TAX ID # PHONE: DATE OF BIRTH: NAME REGISTERED WITH THE STATE FOR TAX ID: prip j Ck(4 Y�- IA��A�n THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I/VVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. is State of Utah f 5ponaor Date ) SS County of Grand ) SUBCRIBED AND SWORN to before me this S day of—550-i-c-m6Le- o! `f. -" NOTARY PUfilyC co c a) Q JENNIE ROSS 1 Notary Public State of Utah ? ` Comm. No. 861521 � My Comm. Expires Dec 11, 2018 SEE BACK OF FORM FOR ADDITIONAL REQUIRE _ _ — — _ _ _Utah_ � T Page 39 of 144 4•1 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. Tpillill. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: DATE(S) OF EVENT: BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 1 ` 1 ry»L`orc tom^ y 5 a � 1 sked c>ek ''VN:2_ Pk? y `: ca'k; tyl i 4 epue6v 09/08/03 r i CITY OF OAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: €X ��' , ( rIS MOAB CITY CODE: 6 �l.J i-�`,.JJv' Z-I SIGN PERMIT: MOVED -ON NECESSARY: 0 YES rg NO REQUIRES PLANNING �/ COMMISSION APPROVAL 0 YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: • k U • €� "435•D69- I&a' NAME OF APPLICANT: �Qyj'] SuwQ� Ce�l APPLICANT'S MAILING ADDRESS: 1� E. C-prikeu' CITY: 1,,3;)C1,6 PHONE: (g-ti ).6 q STATE: " ZIP: % tiVar, lb •.� `_ -� Car .._._ -_ r j.._.� �CDSt4 NAME OF EVENT: �C� '.�� ] vx i via\ + QADAZi': ?Got LOCATION OF EVENT: r ZONE: a "Q t QQ Eh0-3A-k- ATD & Yl On Co r Vl 1 'Li. 1' DETAILED DESCRIPTION OF SPECIAL EVENT: iik-ft 0. tj CO ePN OLCX 1 ot.vn.-e5 �� C ,A ; 6Q vIS 0C' u1 h'e� �� 0 u-A- � IZ y I , t L.3 - 1 I l..''tr7r WkolAiL/rA OI% C- tk: IA (A- b c4 S.2. -k-- (Live i oz-i- t lc� �rt.�em c�t_.or a Gt" . nci.aS c�c.k� r%ci pa. n8 . y d I c� c a) cn Q Page 41 of 144 06116105 September 16, 2014 Dear Moab City Council Members; Here it is fall again. For the 16th year in a row now the annual Back to School Carnival is happening on October 13, 2014 at the Rotary Park from 9 a.m. to 4 p.m. (10 a.m. to 2 p.m. for the actual event). This is a fun filled family day to be shared with other agencies from around the city to share their information and also participate in a game or activity for the children. The event is done with the hopes of getting families out together for some one on one time with their children. There will be a BBQ with hamburgers, hot dogs, chips and drinks. A variety of games and activities for the entire family. It is also a time for all the non-profit organizations to share information about what services they provide for families in need. The FSC will provide information about Child Abuse and Neglect Prevention. We will also answer any questions a person may have and refer them to an agency where applicable. Any donations that are made goes directly into the funds of the GC/SJ Prevention of Child Abuse Team to later use towards the annual Halloween Carnival, Make One Take One, and for April's Prevention of Child Abuse Awareness month in 2015. No profit from any of the non-profit organizations are made. There are no Vendors making profits at this event. In fact we spend more in putting the event on and rely totally on donations. In the event our request for reimbursements is granted by the council, this year we are asking that two separate checks be issued for the rental of the Rotary Park in the amount of $75 and the Special Event Fee of $200 and the license fee of $90. If we could please have one check made out to, GC/SJ Prevent Child AbuseTeam for the $75 and another check made out to, Family Support Center in the amount of $290 it would sincerely be appreciated. Page 42 of 144 Thank you for any considerations you will give in this matter. And as always thank you for allowing this wonderful event to happen at the beautiful Rotary Park once again. Thank You, SSAu.J4LQ.9..._ Sherilyn Sowell Family Support Center At The Christmas Box House Debbie Thurman Grand County Prevent Child Abuse Team as a d a) Q Page 43 of 144 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2c$14 Agenda Item #: 6-5 Title: Approval of License and Permits for Canyonlands Community Recycling forty the Recycled Art Show Fundraiser on November 15, 2014 Fiscal Impact: Additional staff time will be needed at the MARC for an alcohol event. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Canyonlands Community Recycling Background/Summary: This is a new event for Canyonlands Community Recycling. It is a fundraiser that involves an art show using recycled items. The event is to take place at the Moab Arts and Recreation Center. Because the event involves the sale of alcohol, Local Consent for a State Single Event Alcohol Permit is needed, as well as approval of a City Class IV Retail Beer License. Canyonlands Community Recycling has also requested a waiver of their special event and business license fees. They have not requested a waiver of alcohol fees. J Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the licenses and Local Consent requests as submitted. Staff does not have a recommendation on whether to grant the requested fee waivers. Recommended Motions: "I move to approve (insert title of agenda item"). Attachment(s): Application materials Agenda Page 44 of 144 DATE PAID: AMOUNT PAID: RECEIPT NO.: 9//4/47 o2 190 o0 r3 4,354 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $200.00 PLUS (CHECK ONE): TRANSIENT ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: _ L� NAME OF EVENT: ilia Irk avow - A -FUnotc4:64- -Fbr- aVY�- W w a$ CJ�YI MV/ �`-bids (LC* �Q�fi� DESCRIPTION OF EVENT: Ark A/0 RNA, [��-' T uy s�/1 �0a ,,(j[i A,„*..s.-'�Ow� f, 1,,,� ca. LOCATION OF EVENT: � Ilk leo t9tkh r k,�T �532 PREMISES TO BE USED: MN q �j[Im f�AA.(yV �� �� � and hartfbp(n co L - TEMPORARY STRUCTURES TO BE USED (IF ANY): Wy112_, DATES) AND TIME(S) OF EVENT: sr� �}iJU�i�1 1 t �Q �� jjiii(!�� tiO �m , ANTICIPATED # OF EVENT PARTICIPANTS: IQ0 C' NUMBER OF VENDORS PARTICIPATING: '- �♦ TYPES OF VENDORS PARTICIPATING IN EVENT: AY'• igts Qnet Iretfispin fa. `lsinl Rski cisol vYvkr'i,5 l V aNte.e. Qnxio [As -Ft,r sap EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): S11,0,(4 etUalOn ) W%5 r' /6vot and dti n . EVENT SPONSORS NAME: AP& C. N1'MIOYI VI 'F-c (� anc)) SPONSORS ADDRESS: "t Fmk \,(1] ��� ib CITY: 0111 n5�n) SPONSOR,�S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY. �� ,1,‘ S, SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP EVENT SPONSOR�S�LESe1AXr #: =NONE: L(�C'r210 - W"1"�iv`(�L� (Tr �- _ s.tW, OLI ■ �j STATE: L1 ` ZIP:-�,53�- - �1' u �G DATE OF BIRTH: _ tiO P ATioN ,OTHER (SPECIFY): 601c1 mcgrSik cjrPfv&A01f, NAME REGISTERED WITH THE STATE FOR TAX ID: Rijnu V.Q(3YI.eS THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAY D. CA5 tk INVE C } HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULA •NS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLIC (SPONSOR). I/WE AGR • FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah SS County of Grand ) SUBCRIBED AND SWORN to before me this iG NOTARY PUBLIC cc c a) Q Vico/tic( day of •-r4p s a' o ) I.a_a.. +�_al._ An. s JENNIE ROSS Notary Public State of Utah I 'J- Comm. No. 661521 My Comm. Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 45 of 144 I I • 1 Ciro OF MOAB I SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET Mom), UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: OR s MOAB CITY CODE: 11 MI, 2910 SIGN PERMIT: 12%0 MOVED -ON NECESSARY: ❑ YES It NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES )1)40 REVIEWED BY ZONING ADMINISTRATOR: DATE: ' 1(.0 1� NAME OF APPLICANT: CanyO(11 ant (PITIMUMAti K�.Uy[_11 , S tj`S- �-(d)(&)( (4 /� F l�j 1 (A PHONE: APPLICANTS MAILING ADDRESS: Wbox�4. Ci b STATE: lTC ZIP: 134S32— ,-..._..._ _ _ _....._...._.... _... .. _ - .. _ -- �.. _ NAME OF EVENT: ���w0 trli S� - A /CvfIcittr- i r ailknotsGymtrid, 0 kfty i I � LOCATION OF EVENT: � ttr _, t It Eabk 104 kkgm, �1 i ZONE: C 2, - aPEciA1/WW DETAILED DESCRIPTION OF SPECIAL EVENT: }VIA /WM INA bk. a lam\,a M .00 1 retkpkion aid %DiAk- Cilit.;k1on 1ph-hn dO,NkS C9 01 FAAL 4r- Ahr►ose. 21t and yttnctisA66) ani '-6 _ �'edl -W ikit tuktj bsi, it)603A-wn and kilt usa C\c- t1Of‘n _iI,(Q, c,r.oil uio INANArA5 Mmeli k. 0,nA wcIA Oftsts AAA C - 1 G. Awk 0$:,-'G1 44,I)4 cg,[ba3 CCR-- Az Gcs1-1iv/ +13 furgut avr 5yofTyrAm ton QMIPpinct Ati 4-o OBlu Svi-ntnct,'"' nn9 sftv sR ovvt Page 46 of 144 doll 06116/05 m N\Ptc cm Emp Access lob Aucar3, cs-t- *not drawn to scale -*Taw/ will brL rnA hraot 2 U►1414 vall �1mAR.1 carol. Atc.okol 6erv1uL. Tab ihi*e. 21t will kv 3we,h a howiA Slaty in oreit2r bv� Gh9 ultnkol. Sllawk AUcAlon Aaa DANCE ROOM 32'x59' 1888 SQ FT D►VAki aQ VeLtieltA Pr i- STAIR Ladies Gents 16'x18' Storage STAIRS 11111 1 1 1 1 I 1 1 STAIRS 1111111 17N-ftSSlonal A rb si-SI CraA-spbcpu- ,�'k Perms GALLERY (aka Foyer) 30'x40' 0 SQ FT ErrImnee will 62, monAored by ce.R ttoacct ,�+�n / vrwn�rs a all-I'►v�S• 1l kki e ►lau �.A.0o *not drawn to scale �� �1"S 6trA l),) 1l1 INA hQ VSQok . Studio 501 SQ FT 9'x13' 12'x32' Art Closet Film Commission Office MARC Arts Library Dungeon k S-Iijortenk- V-ky4c4eh+oq._ r STAGE ROOM 32'x42' 1344 SQ FT (Ammo ATA- ConWh d� 12'x16' Pottery Studio Art Room 12'x33' 396 SQ FT TAIRS [I STAIRS Bathrooms Storage Meeting 1 Room 13'x36' 468 SQ FT DATE PAID: AMOUNT PAID: RECEIPT NO.: /34.3S(o 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 O CLASS I FEE: O CLASS II FEE: ❑ PRIVATE CLUB 0 CLASS III FEE: cr CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: A2,tf227N11- SCOTT 1..PC0aPkinD1RtaleR OF Ca.). HOME ADDRESS: ;31.4 v� 1� LT tiAiNnIA yx jLgl. (�I y�'W\ITY: SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & HOME PHONE: eok_31B-coof3o STATE: UT ZIP: (2)1-153 _. BUSINESS INFORMATION BUSINESS NAME: CPS-1614AM L arj1fMNirq RECV-LIMI CCLAZ) BUSINESS ADDRESS: Al E `vo BUSINESS MAILING ADDRESS: ?C) BC))( On- CITY: ' 1'tiliqg SALES TAXID#: '1-1 t 1 jp�p BUSINESS PHONE: LJ,,�3S- 21Dy 4 1-, `� STATE: V L ZIP: ays-3 2 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 XCLAss 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. 1 • Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ 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: A IrV DAZ i39-8WSR.4 18/‘ ca d 1) Q application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 48 of 144 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. STATE OF UTAH : ss COUNTY OF GRAND icant's Signature � J',o r , being first duly sworn, on his/her oath deposes and says: That he/she is 'Che 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 JENNIE ROSS Notary Public al State of Utah ` Comm. No. 661521 h+� r'omm. Expires Dec 11, 2016 " a Notary Public Page 49 of 144 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: ijovemb2r 1G-t, bpse-10prn 41"_e. 11\Pg, (ME WOW) Will 4d �� SleuDva F'urvtqA,iser _epo i-flats Commve cit 7.0C.CLI:) A --f tl art1:6! 4(4 1,-ti)1/4.) and CV/ Tx' moo_ b �4 �vki-LArty ry CCAZ In11 iQ mI.sstipn is t'PhitG[nCI \oti loyntAttien ,/tketh uniru( 4-v rectu(:2 5¢. Qnct r Lit." Please provide a floor la�l or detailed description of the foll wing: p p P g a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please to theme purpose oft the agsociia It on or entity conducting the event: A .) A►lrtxrt anA _kG�cti-hon an tl .t l .I anA Oi5k (AUtAm. 4. I Abi341\ SA. hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on 1 D,r , starting at (d `00 PM, and located at TAD (V\PAC Ll1l41bOM) for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATL?F UTAH COUNTY OF GRAND SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 1 DAY OF S- {-c.nA4 use- JENNIE ROSS Notary Public , State of Utah Comm. No. 661521 1 My Comm. Expires Dec 11. 2016 DATE: CIA � 17° 14 5. jcot-- ON (VOTARY PUBLIC Page 50 of 144 CANYONLAN S C MMUNITY RECYCLING To Whom it May Concern at the City of Moab: I am writing from Canyonland Community Recycling (CCR) regarding our fall fundraising event. This event will be a recycled art show, reception, and silent auction held on America Recycles Day, November 15th, 2014 at the MARC. CCR works year round to provide recycling and waste reduction programs that serve our mission of enhancing sustainability by empowering the Moab community to reduce, reuse and recycle. CCR is a very small organization, with only one part-time staff member. Because our capacity is limited, it is crucial that we maximize our fundraising efforts so that more time can be spent delivering programs. All funds collected at this event will help CCR deliver community programs such as the monthly Paper Drive, the spring and fall Electronics Waste & Battery Recycling Drive, educational field trips to the Community Recycling Center for HMK students, and helping other Moab nonprofits reduce waste at their events. All of these programs help to City of Moab to be a clean, environmentally responsible and sustainable place. The recycled art show is one of CCR's two yearly fundraising events, and it is important that we make it count. The City's event fees propose an obstacle to our fundraising efforts. On behalf of Canyonlands Community Recycling, our Board, staff and membership, I respectfully request a refund of the Special Event Fee ($200), and the Transient Fee ($90). This would significantly aid in our fundraising efforts. Thank you for your consideration of this issue. Sincerely, Abby Scott Program Director Canyonlands Community Recycling CCR@MoabRecycles.org 435.210.4996 as d a) Q Page 51 of 144 MOAB ARTS & RECREATION CENTER CITY OF MOAB ALCOHOL EVENT USE LICENSE For valid consideration, the City of Moab ("the City") and vri/Airptll ("the Licensee") agree to authorize the use of the Moab Arts ecreation Center ("MARC" for an vent ir) whidti alcoholic beverages will be served in accordance with the terms of this license, City Code, and Utah state law. The event is permitted, subject to the following terms: I. Specific Conditions 1. Dates & times of operation: NInU y ttt*‘F 2D11-1 2. Description of event: AVvtW(�t (2RDL,1(ApS DUI P-Quidei ANCV SifIDU3 tUrldtc ntS(2- -' 3. Authorized number of participants: 4. Alcoholic beverages to be served: Vy2fLr, W o . `t if ` WLir oW(..-� � II. General Conditions ` r 1. Alcohol is authorized to be served at private social gatherings, which are defined as any social, business, or recreational event limited in attendance to persons designated in advance, by invitation, and their guests (weddings, birthday parties). No admission fee or charge for the serving of alcoholic beverages shall be collected. Weekend private parties require MARC staff presence. Current fee: $15/serving hour Mon. -Thurs. or included in the weekend private party rate ($100/hr.). 2. Alcohol sales (cash bar, ticketed events serving alcohol, fundraisers) are authorized for public events, with a UT Single Event Permit or Temporary Special Event Beer Permit, City of Moab Special Event Business License, and any applicable City of Moab Alcohol licenses. Renters must provide copies of the permit and licenses to the MARC office at least 2 weeks before the event. Current fee: none, but nonprofit rental discounts do not apply to events serving alcohol. 3. The Licensee shall be a person at least twenty-one years (21) of age or older. The Licensee is personally responsible for compliance with all provisions of this License and with all applicable City and State laws governing the serving and distribution of alcoholic beverages. All persons who serve alcoholic beverages at the event shall do so under the supervision and direction of the Licensee, who shall be personally responsible for compliance with this agreement. 4. The following serving restrictions apply: c� d a) Q a. No person shall allow or permit the serving of alcoholic beverages to any person under the age of twenty-one years (21). b. The Licensee shall provide non-alcoholic beverages and food in sufficient quantity and variety to provide for the expected number of guests and the duration of the event. c. The Licensee shall assure that no alcoholic beverages are served to any person who is visibly intoxicated. A "visibly intoxicated" person is a person who exhibits all or any of the following: slurred speech, Page 52 of 144 SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 fY1 b$060 Local business license authority hereby grants its consent to the issuance of a temporary single event permit license to: Applicant Entity/Organization: 001, .jDd VVIAS 1OY1(11j URA\A 2-9..fitidketc Event Name:(9-QatlitrAAri\- svaij (A! tki Event location address: 1\` E k1:0 \Moab street city On the day(s) of 1 V�, A\cer dates _ month during the hours of *1- nom defined hou . from — to Authorized Signature City [ ] Town [ ] County UT atS39-- state zip 9_61q Year , pursuant to the provision of Utah Code 32B-9. Name/Title Date as d a) Q Page 53 of 144 MOAB AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2°14 Agenda Item #: 6-6 Title: Approval of a Vendor License for Steven Lucarelli and Carrie Finn d.b.a. Quesadilla Mobilla Fiscal Impact: This action will have a minimal impact on the City's fiscal situation. Department: Administration Applicant: Steven Lucarelli and Carrie Finn Summary: Quesadilla Moabilla was the first applicant for a Long Term Food Vendor License under the new Vendor ordinance. They have re -applied for a Long Term Food Vendor license with a nine - month term. They are very familiar with the terms and conditions of the Vendor regulations and have met all of the application requirements during their past year of operation. They will be in the same location and with the same site plan and other conditions that the operated under with their previous license. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the Food Vendor License for Quesadilla Mobilla for a term of nine months, according to the site plan and other application materials they have submitted. Recommended Motion: "I move to approve the Food Vendor License for Quesadilla Mobilla." Attachment(s): Application Materials Agenda Page 54 of 144 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL.— YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: BUSINESS MAILING ADDRESS: unr I.ft,. I` 0hill„ Po go x 6 l3 e-mail address: qEsi&SP110414v4'1b., e jr m-, e•�� Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities CITY: / 4 o W BUSINESS PHONE: W 3S- z‘ O — OZ S? STATE: lT ZIP: 8 .3 Z 83 6 /44.A ,5r, Mo k‘ , U l 3 {/53 Z Length of time and/or specific dates business will be conducted: Oc f, 64— iv NSA 30+4 MC. ;, ift ft* 6*eer 30-41 Proposed hours of operation: I ie• t`c Rpm, Type (see definitions): ❑ Cart ® Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ® Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: e_nd l://0,r BUSINESS OWNERS NAME: Stec � 4I[ c►.0 P_ l(, � C A! I � .� FT.", al _ PHONE: �j U OWNERS ADDRESS: CITY: /AI o u 6 STATE: u/ Zip: Scr z OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNERS SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATORS NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATORS ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): _ NAME REGISTERED WITH THE STATE FOR TAX ID: PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 55 of 144 AND OWNER. I/WE AGREE TO FILE THE PjiO Signature of ApOicanT' State of Utah ) § County of Grand THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. I/VVE JfE.JBn Lvck-�A• 3 C:ur� a ale PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTTHIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION TER REPORTS W ITFyTHE STATE OF UTAH. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY i -y -14 Data SUBCRIBED AND SWORN to before me this T day of •stf funk., , 02 0/ tie . NOTARY PUBLIC DEFINITIONS: %-. JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14* o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, Y Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. ' .272013 T-BUSINESS L/CENSESW US L/C FORMSIBus Lic - Vendor revison.docx Page 56 of 144 VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE 'PHOTOGRAPHS OF STRUCTURE C6 SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS 0111E FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY - LANDSCAPED AREAS WITH DIMENSIONS ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK OF PROPOSING OPERATION /N A RESIDENTIAL ZONE) FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM Ii HEALTH INSPECTION REPORT (IF APPLICABLE) IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ❑ ZONING COMPLIANCE EVIDENCE COMPLETE ATTACHED COMPLIANCE FORM ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT (21 REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: /27/2013 T:IBUSINESS LICENSESIBUS LIC FORMSIBus Lic - Vendor revison.docx as d Q Page 57 of 144 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ❑ APPROVED in DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors $10 '30 per month or partial month ' 27 2013 Limited Term (less than 30 days) Long Term (1 month-12 months) $610 $20 )Z-e) *Waived for local vendors with permanent business address in Grand County o G0 qv I80 8-1 0 T:IBUS/NESSLlCENSESIBUSL/C FORMSIBus Lic - Vendor revison.docx Flat Fee (includes administrative fee) per month (plus admin fee as d a) Q Page 58 of 144 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): el OTHER, PLEASE EXPLAIN: r L. BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: aues4 14, At o L ill, 369E loos #d , /unal / UT 845.32 ,Sfeuen Luc„,,e//r 2 cw,fr,•e• TYPE OF BUSINESS (EXPLAIN IN DETAIL): BUSINESS PHONE: 41.3.5- 2.6 0 _Q Z 8q OWNERS PHONE THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435)259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES © NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON: IGNATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES MYVO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED DISAPPROVED ❑ REASON: 6' SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD IN PECTION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED)) IF YES, DATE OF INSPECTION �12s1`( APPROVED DISAPPROVED ❑ REASON: IGNA 07101105 Page 59 of 144 PURPOSE Regular 1 Follow-up 2 Complaint 3 Investigation4 Other 5 Southeastern Utah District Health Dept. FOOD SERVICE ESTABLISHMENT INSPECTION REPORT ITEMS MARKED AND ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED. OWNER NAME NAME ADDRESS YR. MO. DAY SANIT. CODE EL/ 8 EST. I.D. 25 DIST. 1 CO. 1 muN. EST. NO. DESCRIPTION WT. FOOD ' 01 & Sound condltren • nD spoilage.--.. 9. Adulterated 5 U4 1 Original container _ 2. Properly labeled _ 1 FOOD PROTECTION .Ms .. Potential haze/dew foods meet temperature require - 1. Preparation. � 2 3. Display... 4. Sank)_. 5. TraM�� 5 * 04 1. Facilities to mahntalm product temperature_..._ 4 w 1 Thermometers provided -_ 2. Conspicuous _ 3. Accurate 4. Properly located _ 1 o8 1. Potentially hazardous foods properly thawed _ 2 * 07 1. Urtw and potentially hazardous food not 4 08 Food protection during: 1. Storage__ 2. Preparation _ & Display _ 4. Service _ 5. Transportation _ 2 og 1. Handling of food (Ice) minimized _ 2 10 in use: 1. Food _ 2. Ice dispensing utensils properly stored _ 1 PERSONNEL *11 1. Personnel with Infections restr cted.,,_._ 5 * 12 I. hands and arms washed and {dean - lewd hnienic practices_ 5 13 1 Clean clothes or apron _ 2 Hair restraints _ 3. Beard neat _ 1 FOOD EOUIPMENT & UTENSILS 14 Food lice) contact surfaces: 1. Designed _ 2. Constructed _ 3. Maintained _ 4. Installed _ 5. Located _ 8. NSF standards _ 2 15 Non-food contact surfaces: 1. Designed _ 2. Constructed _ 3. Maintained _ 4. Installed _ 5. Located _ 8. NSF standards _ 1 18 Dishwashing facilities: 1. Designed _ 2. Constructed _ 3. Maintained _ 4. Installed _ 5. Located _ 8. Operated _ 7. NSF standards _ 2 17 1. Accurate thermometers 2. Chemical test kits _ 3.1/4" IPS gauge cocks _ 4. Final rinse 15 25 psi _ 1 18 Utensils: 1. Pre -flushed _ 2 Scraped ! 3. Soaked _ 1 19 Washwater. 1. Clean _ 2 Proper temperature_ Rinsewater. 3. Clean _ 4. Proper temperature_ 2 * 20 1 S&ank� 1. Clean _ 2. Temperature `. Exposure time _ 4 21 Wiping cloths: 1. Clean _-__. 2 Stored_ 3. Use restricted _ 1 22 FOod•contect surfaces of equlprt�er+t and utensils: 1. Clean _ 2 Free of abrasives _ 3. Detergents _ 2 23 1 Non-food contact surfaces of equipment and utensils clean _ 1 Ze 1 Storage 2 Handling of clean equipment and utensils _ 1 � Singleeervlce articles: 1. Storage_ 2 Dispensing _ 3. Used _ 1 2e �, o reuse of single service articles _ 2 DESCRIPTION WATER [RC?' wr. Water source: 1. Safe ' 27 _ 2. Hot and cold under pressure _ 5 WASTEWATER •213 1. Sewage and wastewater disposal _ 4 PLUMBING 2g 1. Installed _ 2. Maintained _ 1 1. Cross•connectlon _ 2. Beck slphonage _ & Backfiow _ 5 TOILET & HANDWASHING FACILITIES *31 1. Number _ 2. Convenient 3. Accessible __,_ 4. Designed for easy cleaning _ 5. installed _ 4 32 Toilet rooms: 1. Enclosed _ 2. Self•closing doors _ 3. Fixtures good repair _ 4. Clean 5. Hand cleanser . 8. Sanitary towels/tissues/hand drying devices provided _._.._ 7. Proper waste receps. 8. Ventilated _ 9. Floor drain _ 2 SOLID WASTE DISPOSAL 33 Containers or Receptacles: 1. Covered. 2. Adequate number_ 3. Insect/rodent animal proof 4. Frequency __ 5. Clean 2 34 Outside storage area, enclosures: 1. Properly constructed _ 2. Clean _ 3. Approved Incineration _ 1 INSECT • RODENT • ANIMAL CONTROL 1. Presence of Insects / rodents _ .35 2. Outer openings protected 3. No birds, turtles _ 4. Other animals _ 4 FLOORS, WALLS & CEIUNGS 35 Floors: 1. Constructed 2. Drained __ 3. Clean 4. Good repair . _ W 5. Covering Installation 8. Coved -. 7. Dustless cleaning methods _ & Outside food areas clean, drained 1 37 Walls, ceiling, attached equipment: 1. Constructed _ 2. Good repair _ 3. Clean Surfaces 4. Dustless cleaning methods 1 _ LIGHTING 38 1. Lighting provided as required _ 2. Fixtures shielded __.- 1 VENTILATION I 3' l 1. Rooms and _ 2. Equipment vented as required _ l ' DRESSING ROOMS ao 1. Rooms clean _ 2. Lockers provided _ 3. Facilities clean _ 4. Located _ 5. Used _ 1 OTHER OPERATIONS ' 41 Toxic items properly: 1. Stored_ 2 labeled _,. 3. Used 4. Located, 5 42 Premises maintained: 1. Free of litter _ 2. Unnecessary articles _ 3. Cleaning, maintenance equipment properly stored _ 4. Authorized personnel _ 5. Safety, 1 LIVING QUARTERS- LAUNDRY 43 1. Complete separation from ilving, sleeping quarters • Solid doors _ 2. Laundry • separate room _ 3. Restricted use _ ' 1 1. Soiled clothes and linens properly stored - 44 2. Clean clothes and linens properly stored _ A 1 [FOLLOW II YES UP - RATING SCORE: 100 LESS WEIGHT OF ITEMS VIOLATED. % t0 ....1 2: � * Critical Item late attention. RECEIVED BY TITLE TEII Hot N C a) Q 1TURES: Hot Water Sanitizing 3 Cold Foods INSPECTED BY i TITLE ' FOOD HANDLER PERMITS _ Bactericidal Agent ' IiVDOOR CLEAN AIR ACT Concentration ppm ew food equipment must meet the applicable standards of the National Sanitation Foundation. Plans and specifications must be submitted for review and for to new construction, remodeling or alteration. CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5121 FAx (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, Date- 2 q �Y c� am the owner of the property located at (pro owner name) c— ZJ3j r*' ] — 6 -3 r. (property address and parcel tax ID #) I understand that +e u LUG re ll C� tys, e (name of business license applicant) has applied for a business license for 1 peso-Ilick Mod,I16k (applicant business name) re]n 7 83 5. Itiu•,k Sf, from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. : {, �PrN� Signature Printed Name -z._ 5". - 5-1--.g� Telephone # Email Please list additional businesses authorized to use the above property and restroom facilities: 0 A_ In cw� tin e..0 e....on, SF' r- r o ot. as d a) Q Page 61 of 144 uity oI moao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: Name of Applicant: 5-1-duc,-, LvGe. r'elf�' Business Name: Qvesen..J, ��ck A40 d /1/k Address: 83 S, N�,k ,S� , Lvov 1, , [fT 84/53z Phone: 1/35-- 260 —oZBI Property Owner: Daher`{- Email: vesG.l+ //a. ,s..,1,./4 °` a►Kt�,c�.� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): O Street Vendor O Sidewalk Vendor O Private Property Vendor O Local Vendor DIFood Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): O Cart CEI• Vehicle O Display Apparatus Detailed description of business activities: Se ��i+ preew e� ��� ��el Total number of off-street parking spaces: 8 Hours of operation: To be filled out by city: Zoning: Allowed use per Moab Municipal Code section: Number of parking spaces required for permanent business. Number of parking spaces required for other businesses• c� d a) Q Zoning Administrator Date Page 62 of 144 UTAH STATE TAX COMMISSION - �-� s' ,r_'�`-�.-, TAXPAYER SERVICES DIVISION tin N i 5 w 1,�� 'iikP- j j4T,. i t �,�.� �y�., ��,, y- � Website: tax .utah.aov Sales Tax License +�i ��= * --� =�=n c 4 ate - Registration 1�y ADILLA 4 rhfic QUES MOBILLA CO �' �` � �• ��.,,� a�`�_;.�`°•,�•.�; � mow, T'4, SA MOBIL ' "` '�` <�: '� A8011 tNumber: QUE DILLA LA CO114 i_4xas, 83 S MAIN ST _ `. r, 0.isi;-r �. � ;�. - •a MOAB UT 84 �ti _ ' 7 business is registered to make -2: 532 502 '', Al�� : �-:.,v41} z, � , :4' ktauable sales from the "� j , y , A� incorporated city of. �l a. s �.. '. ®, ,�,, °tt Y,. Moab Outlet: 002 Issued: March 1, 1*4-��runtirrevtre:oked tf orbe� tel ed. Post in a noticeable lace. This business is authorized to make taxable sales, purch °',' _," ' r P engage in business is subject to city and/or county business's g laws ereZeesaand ions. This license may be revoked foR sett$ and use taxes in the State of Utah. r violations or o r :� failure to compty with these laws, rules and regulations. If this ttiutess nmv r nsd. -��� you must contact the Tax Commission immediately by calling 801-297-2200 or toll free 1-800-662-4335 and return this lice the.,TexICI ion for cancellation. This license is NOT transferable. Page 63 of 144 epue6v Quesadilla Mobilla Refuse/Recycling Plan Refuse: All refuse collected by Quesadilla Mobilla will be disposed of in a waste receptacle provided by the Canyonlands Trading Post as part of the monthly rental agreement. Recycling: Recycling will be collected by the owners of the Quesadilla Mobilla and transported to the Moab Recycling Center as needed. as a d a) Q Page 64 of 144 aaecpeg sa3edS Supped 8 alod Jamod ezeld s�3ITS SIN &maps tuoil , atod jannod-- �o _ co -o = cu 0 o 2 ,SZ woo�;saar"' mx3/tilu3 al3Rian �3 4 ;sod BuipeaispueluoAuej peolgo ti;unoo Aogmoo geow ,0£ uea wc3/ki1u3 apNaA c} O0T ,Z£T ';S WIN 0 Page 65 of 144 epue6v A`ORO, CERTIFICATE OF LIABILITY INSURANCE DATE ("NioonTYY) 09/04/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Central Utah Insurance Agency PO Box 877 170 East 100 South Moab UT 84532- INSURED QUESADILLA MOB'r'LL PO BOX 613 GRAND MOAB COVERAGES NAOAONTACT NE: John Fogg PHONE a (435) 259-5981 • PAXwc. Nog (435) 259-5437 ADCREss; CentralUtah@insurenumb.coan wafter— ro ,QtrssaDILLik MOBILLA INSURER(S) AFFORDING COVERAGE INSURER A :Liberty Mutual Insurance Co. INSURER B • INSURER C ...---- .. -. INSURER D : INSURER E INSURER F : NAIL S REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r-. WEI liSRt LTR i TYPE OF INSURANCE •C 4W 1 POLICY NUMBER .. NDO/ rPOIJCY n— - - <NNNDM/Yn�l YiY ,DDIYYYV) A GENERAL UABRITY I ANY AUTO — I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS i, NON -OWNED AUTOS SIDS (13) 55064773 / / / / / / / / / / / / / / / / / / / / / / / / / / / / EACH OCCURRENCE rWONAGE TO-RENTE r UPETS $ PREMISES (Ea ocoslence) $ MED EXP (Any One Person) PERSONAL & ADV INJURY GENERAL_ AGGREGATE PRODUCTS - COMP/OP AGG NOWND � COMBINED SINGLE LIMIT ! $ II ((EEa accident) BODILY INJURY (Per person) ! $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accdent) $ I- UMBRELLA LIAB EXCESS UA8 DEDUCTIBLE RETENTION $ I OCCUR CLAMS -MADE WORKERS cDMPENSATION AND EMPLOYERS' UABRJTY ANY PROPRIETORIPARTNERIEXECUTIVE YfN OFRCERRAEMEER EXCLUDED? n N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PROP I13b1l2C UT 84532- ]C COMMERCIAL GENERAL LIABILITY , CLAIMS -MADE X OCCUR GENT. AGGREGATE LIMIT APPLIES PER X '- POLICY �~ PRO- JECT LOC AUTOMOBILE UABeJTY CERTIFICATE NUMBER: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / '03/14/2014 �03/14/2015 1)3/14/2014 '03/14/2015 DEeCRIPnON OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 1ST, Adealonai Raaiwka Schedule, K Nom space Is reputtedl Mobile Catering Service CERTIFICATE HOLDER ( ) RKS (13) 55064773 I iIRS (13) 55064773 Moab City Corporation 217 East Center St _Moab UT 84532- ACORD INS025(s c d CD Q 309/09) CANCELLATION I$ �$ EACH OCCURRENCE $ AGGREGATE _ $ IS WC STATU- I iOBY LIMITS I E.L EACH ACCIDENT E.L DISEASE - EA EMPLO E-L DISEASE - POLICY LIMIT 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 I$ IOC.; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and log,lig REPRESENTATIVE ® 7988-2009 ACORD CORPORATION. Ali rights reserved. marks of ACORD - AGENDA SUMMARY MOAB CITY COUNCIL MEETING _September 25, 2014 / / Agenda Item #: 7-1 PL-14-059 Title: Adoption of Council Resolution #38-2014 Approving the Development and Phasing Agreement for Entrada at Moab, Master Planned development Located on 400 North in the C-2, Commercial Residential Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Chad Clifford of Snow Hound Moab, LLC Background/Summary: The attached development and phasing agreement is one more step in the approval of the forty-five townhome unit development, Entrada at Moab. The proposed Master Planned Development is located on a 4.6-acre parcel in the C-2 (Commercial Residential) Zone. The mixed uses of residential and commercial nightly rentals is allowed in the C-2 Zone under MMC Section 17.65.020 E. There will be seven phases with varying numbers of townhomes constructed and amenities will be built in Phase Four and include a pool, clubhouse, and much of the pedestrian amenities. The applicant has successfully completed the review stages of the Concept Plan (MMC 17.65.090) and the Preliminary Plan (MMC 17.65.100) and will soon be before Council with the final approval of Phases One, Two, and Three. MMC Section 17.65.120, Development agreements, states, "Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement." The attached draft, Development and Phasing Agreement (Entrada at Moab), contains the necessary elements required by the MMC. Section 17.65.120, states that the agreement shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; 1 Agenda Page 68 of 144 Page 2 of 3 D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Financial guarantees for all required improvements; I. Final covenants, conditions, and restrictions. The development agreement shall be ratified by the land use authority, signed by the city council and the applicant, and recorded with the county recorder. The development agreement also contains language which allows for minor, administrative modifications to occur to the approval without a formal revision of the agreement. It is required that the agreement be submitted to the city within six months of the date the project was approved by the land use authority, or the approval will expire. The agreement was submitted within the specified time period. Options: Council may: 1. Approve the agreement as written; 2. Approve the agreement with amendments; Staff Recommendation: Staff recommends that Resolution #38-2014 be adopted as written to approve the development and phasing agreement. Recommended Motion: I move to approve Resolution #38-2014 as submitted. Attachment(s): Copies of: Proposed Resolution #38-2014; Development Agreement with Attachments Agenda Page 69 of 144 CITY OF MOAB RESOLUTION #38-2014 A RESOLUTION APPROVING THE DEVELOPMENT AND PHASING AGREEMENT FOR THE "ENTRADA AT MOAB" MASTER PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 720 WEST 400 NORTH IN THE C-2 ZONING DISTRICT WHEREAS, Chad Clifford, "Applicant", as Snow Hound Moab, LLC has applied for a Master Planned Development to construct a 45- unit townhome development with a pool and clubhouse on a 4.6-acre piece of property located at approximately 720 North 400 West in the C-2 zoning district; and WHEREAS, the mixed residential/commercial use is allowed in the C-2 under an approved Master Planned Development application as provided in Code Chapter 17.65; and WHEREAS, the Applicant provided the City with the necessary documents, plans and drawings to complete the application for review of the preliminary plan of the proposed Entrada at Moab Master Planned Development ("Development") as required in Code Chapter 17.65; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing to hear testimony and determine compliance with the requirements of MMC Chapter 17.65, Master Planned Developments on March 13, 2014; and WHEREAS, the Commission, having considered Staff recommendations, and discussion of the pertinent aspects of the Development, adopted Planning Resolution #05-2014 recommending that Council conditionally approve the Master Planned Development; and WHEREAS, on April 8, 2014, the Moab City Council reviewed the Preliminary Plan and Plat for the "Entrada at Moab" Master Planned Development and conditionally approved the Preliminary Plan; and WHEREAS, the City Council reviewed a Development and Phasing Agreement for Entrada at Moab, Master Planned Development, on September 23, 2014 and found that said agreement satisfies the requirements in Moab Municipal Code Chapter 17.65.120. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #38-2014 hereby approves the submitted Development and Phasing Agreement for Entrada at Moab and that the Mayor is directed to affix his signature to the Agreement on behalf of the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 23, 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder ---- ja draft documents \99-23-2014\entrada at maabV38-2014 entrada development and phasing agreement.docx Agenda I Page 70 of 144 DRAFT DEVELOPMENT AND PHASING AGREEMENT (Entrada at Moab) THIS DEVELOPMENT AND PHASING AGREEMENT ("Agreement") is entered into and made effective as of ("Effective Date") by and between the City of Moab, a Utah municipal corporation, acting through its City Council ("City") and Snow Hound Moab, LLC, a Utah limited liability company ("Company"). The City and the Company are collectively referred to herein as the "Parties". RECITALS A. Snow Hound, Moab LLC, acting by and through Chad Clifford, is the owner of a certain parcel of real property situated in Grand County, Utah consisting of 4.7 acres, more or less, more particularly described on attached Exhibit "A" ("Property"). B. Company intends to develop the Property and Project in accordance with the applicable Municipal Code and regulations of the City of Moab ("Moab City Municipal Code"). C. Company desires to plat and develop the Property as a forty-five unit mixed residency townhome project known as "Entrada at Moab" ("Project"), consisting of full time residential lodging and short term lodging with pedestrian amenities, clubhouse, and swimming pool. The Property will be divided into a series of lots ("Lots") and parcels ("Parcels") to accommodate the use and development of the Project. D. Company has submitted its applications with the City ("Development Applications") seeking necessary approvals to develop the Property as the Project, which Development Applications conform to and have been made in accordance to the City of Moab Municipal Code and the subdivision performance guarantee provisions, in particular, the provisions of the Master Planned Development ("MPD") review process. E. At a duly noticed and conducted public hearing/meeting, the City of Moab Planning Commission ("Planning Commission") reviewed and approved the Development Application associated with the Concept Plan/Master Planned Development ("Concept MPD"), subject to conditions stated in the document reflecting the Concept MPD approval. F. At a duly noticed and conducted public hearing/meeting, the Planning Commission reviewed and recommended approval of the Development Application associated with the Preliminary Plan/Master Planned Development ("Preliminary MPD") to the Moab City Council ("City Council"). G. At a duly noticed and conducted public hearing/meeting held on April 8, 2014, the City Council reviewed and approved the Development Application associated with the Preliminary MPD, subject to conditions stated in the document reflecting the Preliminary MPD approval (a copy of which is on file with the City). H. After receiving and reviewing the evidence concerning the Development Application, the Planning Commission and the City Council respectively found that: (i) the Property and the Project achieve the applicable purposes contained in the City of Moab Municipal Code and relevant to the review and approval of a MPD developing in the C-2 (Commercial -Residential Zone); and (ii) the resulting development will be consistent with the provisions of the applicable sections of the City of Moab Municipal Code and relevant to the review and approval of a MPD developing under the C-2 (Commercial -Residential) Zone. The approvals granted by the City are referred to as the "Development Approvals". jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad afar de ana phase agrccmcntl.docx Page 1 of28 Agenda Page 71 of 144 DRAFT I. The "Entrada at Moab" development plan reflected in the Development Approvals is on file with the City. J. As indicated in the Development Application associated with the Preliminary MPD, the Company has proposed and the City Council has approved a Phasing Plan for the Property and Project. Company contemplates that the Project will consist of seven phases (each a "Phase"). A copy of the "Entrada Phasing Plan" is attached as Exhibit "J". A breakdown of the units and development in each Phase is summarized on attached Exhibit "C", "Entrada Phasing Table". The Entrada Phasing Plan depicts the Phases for the Project and establishes the Lots, Parcels, uses and Subdivision Improvements (defined below) for the Project. K. The City requires that Company submit separate Development Applications associated with the Final MPD for each Phase of the Project ("Final Plat"). The City and Company will submit a Final Plat and a Subdivision Improvement Agreement ("SIA") for the Lots, Parcels and associated onsite and offsite Subdivision Improvements (defined below) to be constructed for the particular Phase, which will be consistent with the Entrada Phasing Plan and the Subdivision Narrative and Improvements Schedule. L. The required onsite and offsite infrastructure improvements ("Subdivision Improvements") for the development in the Project include certain onsite roads, sidewalks and trails, water service facilities, sewer service facilities, electrical, natural gas, telephone, and cable television. The Subdivision Improvements also include certain offsite improvements, including a water line upgrade in the 400 North Street right-of-way and the installation of a storm drain and facilities as well as certain other necessary utility extensions to service the Property and Project. Details of the Subdivision Improvements are further described and defined as incorporated in this Agreement. AGREEMENTS. NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated as part of the agreements of the Parties, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Phasing Plan. 1.1. City and Company acknowledge and agree that Company intends to implement the Development Approvals and develop the Project in seven separate "Phases", consistent with the Entrada Phasing Plan, which Phases may be further divided, combined, sequenced or otherwise modified by agreement of the Parties, which approval shall not be unreasonably withheld. 1.2. It is further understood that each Phase may be further divided into individual "Filings". 1.3. Company is authorized to submit and record separate Final Plats for each Phase of the Project and need not record a Final Plat for the entire Project at one time. Company is further authorized to submit and record a separate Final Plat for one or more individual Filings within a Phase and need not record a Final Plat for the entire Phase at one time. jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 2 of 28 Agenda Page 72 of 144 DRAFT 1.4. City and Company recognize that open space parcels/tracts may not be divided into smaller parcels/tracts as boundaries for Phases are established and subsequently included on a Final Plat. . 1.5. The Phasing Plan is a guide for use by Company and City and the Company may submit and record Final Plats that deviate from the Phasing Plan, with the development of any portion and/or phase of the Entrada at Moab being advanced in time or delayed, provided that the Final Plat otherwise is in compliance with the Development Approvals and applicable law and that Company has demonstrated to the satisfaction of the City that a SIA covering all necessary Subdivision Improvements for the property then being platted has been reviewed and approved by the City and executed and recorded by Company with the filing of the Final Plat. 2. Subdivision Improvements. 2.1. City and Company acknowledge and agree that Company will need to construct various Subdivision Improvements to serve the Project, which are generally described in the narrative attached as Exhibit "D" ("Subdivision Improvements Narrative and Schedule"). 2.2. Portions of the Subdivision Improvements are required to be constructed to serve most or all of the development in the Project and are so indicated on the Subdivision Improvement Schedule ("Project -wide Subdivision Improvements"). The timing and scheduling for the Project -wide Subdivision Improvements are so indicated on the Subdivision Improvement Schedule. Some portions of the Subdivision Improvements are required to be constructed to serve development in individual Phases in the Project and are so indicated on the Subdivision Improvement Schedule ("Phase Specific Subdivision Improvements"). 2.3. Given the scale of the Project and the recognition that the Project will be implemented and developed in Phases over time, the City and Company have expressed their mutual desire to establish an orderly plan to insure that required Subdivision Improvements are being constructed in a timely and orderly manner and are coordinated to be undertaken as Final Plats for Phases being approved and recorded. 2.4. The design, construction and maintenance of the required Subdivision Improvements shall be funded as provided for herein. 2.5. It is recognized and agreed that no improvements associated with the Project shall be undertaken until the final plat for the Phase covering the particular improvements has been recorded. 2.6. Pursuant to the Development Approvals and the City of Moab Municipal Code, Company shall execute a Subdivision Improvements Agreement (SIA) with the City in which the Company commits to construct the required Subdivision Improvements for each Phase of the Project within an established and approved timeframe and that the Company posts security as described in 2.8 below to insure its full and timely completion of such required Subdivision Improvements. 2.7. The City and Company agree that the Company shall submit an SIA for a particular Phase or Filings for that portion of the Project for which the Company seeks approvals to record a Final Plat and for which Subdivision Improvements are required and have not been constructed. The SIA shall cover those Phase Specific Subdivision Improvements and those Project -wide Subdivision Improvements, if any, that are indicated as being made applicable to the property being final platted on jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad araft de and phase agrccmcntl.docx Page 3 of 28 Agenda Page 73 of 144 DRAFT the Subdivision Improvement Schedule. Each SIA will be executed in connection with the recordation of the Final Plat for that Phase. 2.8. Company's obligation to undertake the Subdivision Improvements shall be as provided for in the SIA. It is contemplated that there will likely be multiple SIAs, one for each Phase and/or Filing of the Project. Each SIA will: (a) identify the particular onsite and offsite Subdivision Improvements required for that Phase of the Project as established by the Development Approvals and this Agreement; (b) establish the schedule for completion of the applicable Subdivision Improvements which will occur after the recordation of the final plat for the Phase covered by the particular SIA; and (c) insure the timely completion of the applicable Subdivision Improvements by requiring the Company to post a bond, letter of credit, cash or other mutually acceptable security in the amount of 150% of the estimated costs required to complete the required Subdivision Improvements for that Phase, as verified by the City, which financial security may be transferred from one SIA to a different SIA for another Phase. The duration of the financial security shall be equivalent to the time deadlines specified in the SIA, which, in any case shall not exceed twenty-four months from the date of approval, unless approved by the Parties. Continuing compliance with all material terms of the SIA and the Development Approvals within the timeframes established in the SIAs and the Development Approvals shall be a prerequisite to the ability of Company to obtain a building permit for individual dwellings in the Project and/or a certificate of occupancy for structures in the Project. The SIA may provide for certain improvements, such as landscaping improvements, to be completed after building permits are issued, provided that in no case shall a Certificate of Occupancy be given prior to the completion of all required improvements. 2.9. Upon certification of completion of the required Subdivision Improvements by the City Public Works Director, City Engineer, and Zoning Administrator, which will not be unreasonably delayed, conditioned or withheld and acceptance of the certain Subdivision Improvements to be owned and maintained by the City, which will be conveyed to the City free and clear of all liens and encumbrances, the City shall execute a written acceptance and release of the financial security. Partial releases of the financial security are authorized as Subdivision Improvements are completed and accepted in accordance with the Entrada Phasing Plan. The SIAs for the Project shall provide for the proportionate reduction of the balance of any required financial security as the Subdivision Improvements are constructed by Company and accepted by the City as provided for in this Agreement. Reduction of this balance will only be allowed for an entire class of improvements, e.g. water or road improvements. Partial releases of property pledged as collateral will not be allowed without a formal amendment to the SIA. The 10% warranty security shall be included in the 150% performance guarantee and shall not be a separate security. 2.10. The SIA shall further provided that Company shall warrant the completed Subdivision Improvements for a period of two years from completion and final acceptance of the Subdivision Improvements for a Phase and shall post financial security in a reasonable amount, not to exceed 10% of the cost of constructing the Subdivision Improvement during the warranty period. The financial security for the warranty period will be to indemnify the City against any repairs or corrections to the Subdivision Improvements that may become necessary because of defective workmanship or materials used therein. The financial security for the warranty period shall be promptly released when the warranty period expires. 2.11. All public improvements, including water mains and sewer trunk lines shall be dedicated to the City upon final acceptance of said improvements by the City. All easements for water mains and sewer lines shall be dedicated to the City prior to or contemporaneous with recordation of the final plat. Company may begin improvements for a given phase following City Council approval of the final plat for a given phase. All improvements must be complete before the recordation of the final plat for a given phase, unless financial security is posted. Said financial security must be filed and approved jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad array de and phase agrccmcntl.docx Page 4 of 28 Agenda Page 74 of 144 DRAFT by the City within five (5) months after approval of the final plat by the City Council. For a given phase, the amount of the required security may be reduced by the actual cost of the classes of improvements that may have been completed by Company and accepted and approved by City Council prior to filing of the security, minus (10) percent. 3. Other Required Improvements. Pursuant to Planning Commission Resolution #05-2014, Company agrees to complete the following improvements: a. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 shall be installed along the east boundary of the development; and b. A sidewalk twelve (12) feet in width shall be constructed along 400 North Street. 4. Grading. All grading and soil disturbance undertaken in connection with the development of the Project shall be in conformance with Appendix J of the adopted edition of the International Building Code (IBC). A permit shall be obtained as required by IBC Appendix J from the City and include, at a minimum, the required reports, plans, and documents. The appropriate application fee, in an amount corresponding to the fee schedule on the permit, shall be submitted with the grading permit application. All grading and soil disturbance shall be conducted in a manner that will minimize disturbance to those areas not scheduled for immediate development. In the event grading exceeds those phases scheduled for immediate development, the City, as a condition of the grading permit, may require that the Company post adequate security to assure compliance with all permit conditions. Any security required by this section shall be an amount, as determined at the reasonable discretion of the City, reasonably calculated to cover anticipated costs that will be adequate to satisfactorily stabilize and/or reclaim soils that have been disturbed but not developed and include restoration, soil stabilization, landscaping, drainage improvements, or any other permit condition. The bond shall be in a form approved by the City Manager. All best management practices for control of erosion and pollutant discharge elimination shall be in accordance with the UPDES permit issued by the State of Utah Department of Environmental Quality and a copy of said permit shall be submitted to the City with the application for the Grading Permit. 5. Approved Land Uses. 5.1 Fees. Company agrees to pay all in -effect fees, including but not limited to, utility impact, connection, and building permit fees. 5.2 Company agrees that development shall correspond with the required mix of residential and commercial uses as established for the C-2 Zone in Moab Municipal Code Section 17.65.020 E. 5.3 Subject to the conditions herein, the Property has been authorized for the following uses and activities: APPROVED LAND USES FOR THE PROPERTY. Usage/Density Acreage Percentage of Project Acreage 45 townhome units/lots 1.37 30 Clubhouse/Pool Area .32 7 Open Space Passive Active 1.915 .15 1.765 42 Streets, Roads, Parking .995 21 Total Acreage 4.6 100 jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `er'waa `en`faa akaft ae.. ana phase agrccmcntl.docx Page 5 of 28 Agenda Page 75 of 144 DRAFT 6. Company's Compliance with Development Approvals. Company agrees to comply with the terms, conditions, requirements and obligations placed upon Company in the Development Approvals. 7. Miscellaneous. 8.1. Covenants. The provisions of this Agreement shall constitute covenants or servitudes which shall touch, attach to and run with the land comprising the Property and the burdens and benefits hereof shall bind and inure to the benefit of all estates and interests in the Property as applicable and all successors in interest to the Parties hereto. 8.2. Term. The term of this Agreement shall commence upon the date hereof and shall extend until all of the commitments hereunder are satisfied. Company may terminate this Agreement, and may withdraw its applications for development approvals, at any time upon five days written notice that, in its sole discretion, Company determines that the Project will not be approved in a form satisfactory to Company. 8.3. Amendment of Agreement. Except as otherwise provided herein, this Agreement may be amended from time to time by mutual consent of the original Parties or their successors in interest in writing. 8.4. Binding Effect. This Agreement shall extend to, be binding upon, and inure to the benefit of the Parties hereto and the successors and assigns of the respective Parties hereto. This Agreement shall, in addition to all other remedies, be enforceable by any action for specific performance in a court of competent jurisdiction. 8.5. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. Company shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to Utah Special Districts, homeowners associations, or third Parties acquiring an interest or estate in the Property, including but not limited to purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property, provided that all such assignees agree to be bound to applicable provisions of this Agreement. 8.6. No Third Party Beneficiaries. This Agreement does not create any third Party beneficiary rights. It is specifically agreed by the Parties that: (a) the Project is a private development; (b) the City has no interest in, responsibilities for, or duty to third Parties concerning any improvements to the Property except to the extent the City accepts title to the improvements pursuant to this Agreement or in connection with site plan, deed or plat approval, and as provided generally under City ordinances; (c) Company shall have the full power and exclusive control of the Property subject to the obligations of Company set forth in this Agreement; and (d) no other persons, whether as alleged third party beneficiaries or otherwise, shall have any right to enforce or seek interpretation of this Agreement. 8.7. Recording of Agreement. This Agreement, including exhibits, shall be recorded in the Grand County land records. Any exhibits that have been previously recorded need not be recorded again. The remaining provisions of the Agreement shall be held by the Recorder of the City of Moab. 8.8. Indemnity. Except as otherwise set forth herein, the Company shall defend and hold the City harmless from and against any and all claims, demands, liabilities, actions, costs, damages, jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad araft de and phase agrccmcntl.docx Page 6 of 28 Agenda Page 76 of 144 DRAFT and attorney's fees that may arise out of or result directly or indirectly from the Company's actions or omissions in connection with this Agreement, including but not limited to Company's improper design or construction of the Subdivision Improvements required thereunder, or Company's failure to construct or complete the same. After inspection and acceptance by the City of the Public Improvements, and after expiration of any applicable warranty period, this agreement of indemnity shall expire and be of no future force or effect. 8.9. No Waiver of Governmental Immunity. To the fullest extent provided by law, nothing in this Agreement shall be interpreted or construed to be a waiver or relinquishment by the City of any immunities it possesses as a governmental entity pursuant to applicable state and federal law including, without limitation, the Utah Governmental Immunity Act. 8.10. Reservation of Future Legislative Power and Zoning Authority. Nothing in this agreement shall be construed to limit the future legislative power and zoning authority of the City. 8.11. Default and Remedies. 8.11.1. A Party ("Defaulting Party") shall "default" under this Agreement if it: (a) breaches any of its material duties and obligations contained hereunder and, (b), after receiving written notice of the breach ("Notice of Default") from the other Party (the "Notifying Party"), fails to cure the breach within: (i) 15 days after delivery of the Notice of Default if the breach is failure to pay money owed to the Notifying Party, or (ii) 30 days after delivery of the notice with respect to any other breach (or, if the breach by its nature cannot be cured within 30 days, the defaulting party must commence the cure within 30 days after delivery of the notice and thereafter diligently pursue the cure to completion). The Notice of Default contemplated by this Section shall clearly state and describe: (a) each section(s) of the Agreement which the Responding Party has allegedly violated, (b) a summary of the facts and circumstances being relied upon to establish the alleged violation, (c) the specific steps ("Cure Events") that must be undertaken to come into compliance with the Agreement, and (d) the reasonable timeframe consistent with this Section 8.11.1 within which time the alleged violation should be cured ("Cure Completion Date"). 8.11.2. Following a failure to cure the default following the applicable Cure Completion Date, the Notifying Party may: (a) initiate an action to compel compliance by the Defaulting Party with this Agreement, including injunctive relief and specific performance; (b) initiate an action to recover any damages resulting from the breach; (c) pursue any and all other rights and remedies available under Utah Law; (d) suspend the rights and interests of the Defaulting Party under this Agreement until such time as the Defaulting Party is in compliance with this Agreement; and/or (e) take the necessary action itself to cause the obligation(s) in default to be performed, in which case the Notifying Parry may recover from the Defaulting Party all damages as well as all costs and expenses reasonably incurred to perform such obligation(s). 8.11.3. In addition to the foregoing remedies, in the event the Company has failed to cure a Cure Event that is (a) material to the terms and conditions of this Agreement; and (b) the occurrence of which will unreasonably delay or prevent Company from completing its duties and obligations under this Agreement (which material events include, by way of illustration and not exclusion, the filing of a bankruptcy by the Company and no accompanying plan for reorganization to complete the Project, the occurrence of an event), the City may record documents evidencing the suspension or termination of the Development Approvals and it may decline to process or approve any development applications, withhold building permits, or discontinue services provided under this Agreement. The City jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad araft de and phase agrccmcntl.docx Page 7 of 28 Agenda Page 77 of 144 DRAFT may combine remedies in its discretion, and as may fit the applicable breach. In no event shall either party be liable to the other for remote or consequential damages derived from breach including, without limitation, lost business opportunities or income; delay related financing costs; damage to business reputation or goodwill; or the like. 8.11.4. In addition to the foregoing remedies, in the event the City does not approve the Final Master Planned Development for the Project; then Company shall have the option to terminate this Agreement and all of the respective rights, duties and obligations of the Parties under the Agreement shall expire. 8.11.5. The remedies shall be cumulative in nature and a Party may pursue some or all of its remedies. In the event of any litigation arising from this Agreement, the substantially prevailing party shall collect its reasonable costs, expenses and fees, including reasonable expert fees and attorney's fees. 8.11.6. Personal jurisdiction and venue for any civil action commenced by any Party to this Agreement whether arising out of or relating to this Agreement will be deemed to be proper only if such action is commenced in District Court for Grand County, Utah. 8.11.7. Each Party expressly waives its right to bring such action in or to remove such action to any other court whether state or federal. 8.12. Governing Law. This Agreement shall be construed and enforced in accordance with the Municipal Code of the State of Utah. 8.13. Waiver of Jury Trial. Each Party hereto waives its right to a jury trial in the event of any litigation arising out of this Agreement. 8.14. No Waiver. Failure of a Party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such Party to exercise at some future time said right or to enforce any other right it may have hereunder. 8.15. Mediation. Any default, dispute, difference, or disagreement hereunder shall be referred to a single Mediator agreed on by the Parties, or if no Mediator can be agreed upon, a Mediator shall be selected in accordance with the mediation rules of the American Arbitration Association. Authorized representatives of the Parties shall meet with the Mediator within thirty (30) days and endeavor in good faith to resolve the default, dispute, difference or disagreement by agreement of the Parties. 8.16. Notices. All notices required or permitted under this Agreement shall be given by registered or certified mail, postage prepaid, return receipt requested, or by hand delivery or recognized overnight delivery service, or by telecopy (so long as the original follows by regular mail or other form of delivery permitted hereunder within five business days) directed to the persons at the address indicated below. Any notice delivered by mail in accordance with this Section shall be deemed to have been duly given on the date upon which the return receipt is executed by a representative of the Party to whom such notice is to be given at the address specified herein. Any notice which is hand delivered shall be effective upon receipt by the Party to whom it is addressed. If sent by overnight courier, all notices shall be deemed delivered one business day after deposit with a recognized overnight courier service. Any notice which is delivered by telecopy shall be effective upon receipt by the sending Party of written confirmation of receipt by the receiving telecopy machine at the numbers shown above. Either Party, by notice given as above, may change the address or telecopy numbers to which future notices should be sent. jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `entfad afar de and pwase agrccmcntl.docx Page 8 of 28 Agenda Page 78 of 144 DRAFT Chad Clifford Snow Hound Moab, LLC 10266 Oak Creek Lane Highland, UT 84003 Phone: 760-845-9758 Email: cc@msdland.com City of Moab 217 East Center Street Moab, Utah 84532 Attention: City Manager Phone: 435-259-5121 Fax: 435-259-4135 Email: donna@moabcity,org With a Copy to Christopher G. McAnany Dufford, Waldeck, Milburn & Krohn, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Phone: (970) 241-5500 Fax: (970)243-7738 Email:mcanany@dwmk.com 8.17. Integration, Disclaimer of Other Duties. This Agreement supersedes and controls all prior written and oral agreements and representations of the Parties and is the total, integrated agreement among the Parties. The parties each disclaim any duties not expressly set forth in this Agreement or other written agreements executed in conjunction herewith. 8.18. Force Majeure. No Party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, or other similar occurrences outside the reasonable control of that Party. Unless otherwise mutually agreed, performance by the parties shall resume promptly upon the cessation of any act or event constituting force majeure. 8.19. Authority. By signing this Agreement, the Parties acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each of the Parties have been duly authorized so to do. 8.20. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or sections of this Agreement. 8.21. Severability. If any provision of this Agreement, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which is held invalid, shall not be affected thereby. 8.22. Counterparts: Facsimile. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. This Agreement may be executed by facsimile. 8.23. Schedule of Exhibits. All exhibits listed herein are incorporated into this agreement. Exhibit Reference Document Reference Exhibit "A" Legal Description of the Property Exhibit "B" Entrada Master Plan/Preliminary Plat; Sheet C2 Exhibit "C" Entrada Phasing Table Exhibit "D" Subdivision Improvements Narrative and Schedule Exhibit "E" Features and Open Space Plan; Sheet C3 Exhibit "F" Site Plan; Sheet C4 Exhibit "G" Grading plan; Sheet C5 Exhibit "H" Detention Plan; Sheet C6 Exhibit "I" Utility Plan; Sheet C7 Exhibit "J" Phasing Plan; Sheet C8 jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 9 of 28 Agenda Page 79 of 144 DRAFT Exhibit "K" Landscaping Plan; Sheet L101 & Sheet L102 Exhibit "L" Covenants, Conditions, and Restrictions IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by a duly authorized representative of Company, as of the Effective Date. CITY: City of Moab, a Utah municipal corporation By: Date: Printed Name: David L. Sakrison Title: Mayor ATTEST: By: Date: Rachel Stenta, City Recorder State of Utah )§ County of Grand I, the undersigned notary public in and for the aforesaid state and county, do hereby certify that personally appeared before me on 2009 and did, after being duly sworn, execute the within document in the capacity stated and for the purposes contained herein. Notary Public My Commission Expires: jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 10 of 28 Agenda Page 80 of 144 DRAFT COMPANY: Snow Hound Moab, LLC, a Utah Limited Liability Company By: Date: Printed Name: Chad Clifford Title: STATE OF COUNTY OF )§ The foregoing instrument was acknowledged before me on , 2014, by as the of Snow Hound Moab, LLC. Witness my hand and official seal. Notary Public My commission expires: jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 11 of 28 Agenda Page 81 of 144 DRAFT Exhibit "A" (Legal Description of Property) Section 35; Beginning at a point which bears North 38.8 feet and West 384.0 feet from the Southeast Corner of section 35, Township 25 South, Range East, SLM; thence North 89°50' East 435.3 feet; thence North 114.5 feet; thence South 89°54' West 100 feet; thence north 261 feet; thence North 89° 56' East 575.3 feet; thence South 377.2 feet to point of beginning. jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 12 of 28 Agenda Page 82 of 144 DRAFT uy E-o Oaf Q'eNya Q .y"o <J� Wp,` Exhibit `B" lfl `TmlAr `H 00b `M 009 11743 `S5Z1'SE naPaSPI IRS agtm Pater qaow ep>;Aug a� 3fIN3AV nrn TIVII 1 -°' 11 1 jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxj•`entm `entfad ar-aft ae.. and phase agrccmcntl.docx Page 13 of 28 Agenda Page 83 of 144 DRAFT EXHIBIT "C" (Entrada at Moab Phasing Table) Phase Development Included in Phase One 4 Townhomes for residential ownership and the use of short term and long term rentals Two 8 Townhomes for residential ownership and the use of short term and long term rentals Three 8 Townhomes for residential ownership and the use of short term and long term rentals Four 8 Townhomes for residential ownership and the use of short term and long term rentals, Pool , Clubhouse, and pedestrian amenities Five 6 Townhomes for residential ownership and the use of short term and long term rentals Six 7 Townhomes for residential ownership and the use of short term and long term rentals Seven 4 Townhomes for residential ownership and the use of short term and long term rentals jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 14 of 28 Agenda Page 84 of 144 DRAFT EXHIBIT "D" (Subdivision Improvements Schedule) General. The Entrada at Moab Project is being developed in seven Phases. The required Subdivision Improvements for the Project will consist of certain onsite and offsite infrastructure improvements. The Subdivision Improvements will likewise consist of seven separate phases ("Subdivision Improvement Phases") and will be tied to the development of the seven Phases for the Project. The Phases of development for the Project and the associated Subdivision Improvements for the Subdivision Improvement Phases are summarized below. Phase One Phase One Development. Phase One of the Project will consist of the following development components: Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase One. The Subdivision Improvement Phase - Phase One will include the following: 1. Internal Subdivision Roads. The main accesses to the Project from 400 North Street will be constructed as well as all internal streets (470 North, 600 West, and 650 West. Curb and gutter and the street surface of the interior streets are included in this phase with the sidewalks being constructed prior to issuance of a Certificate of Occupancy. 2. 400 West Frontage. The sidewalk and access into the Club house parking area that is adjacent to 400 North will be required to be constructed in Phase One. The required sidewalk is 12 feet in width and shall be constructed in a manner consistent with the Moab Construction Standards. 3. Parking. The developed parking in this phase will be limited to those spaces required for the units and the extra parking being provided by the developer for the units. 4. Stormwater Management. The proposed stormwater detention area is required to be constructed for Phase One. In addition, a storm drain that is located beneath the sidewalk and parallel to 400 North Street will be inspected by city staff for deficiencies and replaced. 5. Water System. Connections to the City Water System will be made by the City and a necessary increase in the size of the 400 North water line for this development, shall be completed from 500 West to the development. The City has negotiated additional easements from the adjacent Orchard Villa development to extend a water connection to other supply lines in the area. The developer shall extend water lines to the boundary lines for connection to these existing supply lines. The eastern extension shall be directed approximately 140 feet to the south to tie into an existing line and the plans need to be amended to reflect this change. These connections will improve the water system for the adjacent properties as well as the Entrada at Moab development and provide greater flow capability for fire protection. The water lines shall be extended throughout the development with Phase One as proposed by the developer. jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 15 of 28 Agenda Page 85 of 144 DRAFT 6. Sanitary Sewer System. Connections to the City Sanitary Sewer System will be made and collection lines will be installed to serve the entire Project as proposed by the developer. 7. Shallow Utilities. Electric, natural gas, cable television and telephone lines will be extended with the construction of the water, sewer, curb, gutter, and sidewalk within easements and rights -of -way to serve Entrada at Moab, including each of the lots and development parcels included in Phase One. 7. Landscaping. A small amount of the required perimeter landscaping is located between the extension of 650 West and the project boundary line. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Phase Two Phase Two Development. Phase Two of the Project will consist of the following development components: Residential Units. Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Two. The Subdivision Improvement Phase - Phase Two will include the following: 1. Internal Subdivision Roads. Street surface, curb and gutter will be completed with Phase One. Sidewalks will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Two. 2. Parking. The construction of parking in this phase will include those spaces required for the units and the extra parking being provided by the developer for the units. In addition, an overflow parking area consisting of 11 spaces will be constructed during this phase. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each townhome lot included in Phase Two during construction of Phase One. 5. Sanitary Sewer System. Sanitary sewer service for this phase will be completed during the constructed of Phase One. The sanitary sewer system will be extended to each lot in Phase Two. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Two. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Two are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and pwase agrccmcntl.docx Page 16 of 28 Agenda Page 86 of 144 DRAFT Phase Three Phase Three Development. Phase Three of the Project will consist of the following development components: Residential Units Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term and long-term rentals. Subdivision Improvement Phase - Phase Three. The Subdivision Improvement Phase - Phase Three will include the following: 1. Internal Subdivision Roads. Curb, gutter, and street surfaces will be constructed in Phase One. Sidewalks will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Three. 2. 2Parking. The developed parking in this phase will be those spaces required for the units and the extra parking being provided for the units by the developer. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Three during construction of Phase one. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Three during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Three. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Three are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase. 8. Phase Four Phase Four Development. Phase Four of the Project will consist of the following development components: Residential Units. Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Amenities. A Pool and an associated Clubhouse will be constructed during this phase. A majority of the pedestrian amenities will also be included. Subdivision Improvement Phase - Phase Four. The Subdivision Improvement Phase - Phase Four will include the following: jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agreement 1 .docx Page 17 of 28 Agenda Page 87 of 144 DRAFT 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy. 2. Parking. The parking in this phase will be developed for those spaces required for the units and the extra parking being provided by the developer for the units. An additional 7 space parking area between 400 North and the clubhouse will also be constructed 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase as well as into the two detention areas located in Phases One and Six. 4. Water System. The water distribution system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Four. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Four are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, 8. Phase Five Phase Five Development. Phase Five of the Project will consist of the following development components: Residential Units. Six two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Five. The Subdivision Improvement Phase - Phase Five will include the following: 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the 6 townhome units and the extra parking being provided by the developer for the units. 3. Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention areas located at the north and west edges of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Five during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Five during construction of Phase One. jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx `ent-ra `en`faa araft Ele ana phase agrccmcntl.docx Page 18 of 28 Agenda Page 88 of 144 DRAFT 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Five. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Five are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Phase Six Phase Six Development. Phase Six of the Project will consist of the following development components: Residential Units. Seven two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Six. The Subdivision Improvement Phase - Phase Six will include the following: 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the seven townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the street and to the required detention area adjacent to 400 North Street. 4. Two culverts will be required along with shallow swales to convey stormwater runoff. Two concrete cross -pans will be constructed to convey stormwater runoff across the surface of Lionsback Drive. 5. Water System. The water distribution system will be extended to each lot included in Phase Six. 6. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Six. 7. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Six. Phase Seven Phase Seven Development. Phase Seven of the Project will consist of the following development components: Residential Units. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Seven The Subdivision Improvement Phase - Phase Seven will include the following: jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and pwase agreement 1 .docx Page 19 of 28 Agenda Page 89 of 144 DRAFT 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the 4 townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area located at east edge of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Seven during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Seven during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Seven. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Seven are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and pwase agrccmcntl.docx Page 20 of 28 Agenda Page 90 of 144 DRAFT Exhibit E , 0PIIA9AYfISUNV 01.4 Hror¢1 xI t 1111 1111 �=y■ ueid aaedS uado pue saint -rag 1 1'9goW QUoIAI vAauug V e131Ii�i&E�e@o�ippe65B i 35 I . I� 3f1N3AV 37Vf1 jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-raa `entfad ar-aft ae.. and phase agrccmcntl.docx Page 21 of 28 Agenda Page 91 of 144 DRAFT Exhibit F S11 uu[d 2upt[gri pns `udiS `01!S 1fl Vow geoyN tt? upu.nug u F s ..s��iaesgsi�f�BR�+r�b"taE t sf ill Id z a a jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-raa `entfad ar-aft ae.. and phase agrccmcntl.docx Page 22 of 28 Agenda Page 92 of 144 DRAFT Exhibit G n ONSASAIVIS 0NV owtl93NIUM @sn k iv AVM usid Anu[eiu pue 3uipulD �n vow apoA upanug V G E W 6 t • in fVAfii 11141!in ��3t�������6�g�pt,�E�s�6 gf 0 �_, 1i �d jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 23 of 28 Agenda Page 93 of 144 DRAFT Exhibit H T�,114 AYf15 UNDI l i;I�lli; it I„N uu[d uopualaQ Lf '4ExW quow ePe uug 1'fVlt U jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 24 of 28 Agenda Page 94 of 144 DRAFT Exhibit I o1:Ai sniff` r[1 N10. °sn uEld gut?7n in VON geow tE uyet A - hi �o±`sjal 01;i p�;� : f! �«rY�3��9se!!!l�oR9e�Ee8e ! is . illl 3 jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 25 of 28 Agenda Page 95 of 144 DRAFT EXHIBIT "J" _(Entrada at Moab Phasing Plan) r�'�x+iu"�nnRaKy�u x�. a y' mid 8unsegd 1.11'9eoW q-eoy epa jug 8? U Ed jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docxjent-ra `entfad ar-aft ae.. and phase agrccmcntl.docx Page 26 of 28 Agenda Page 96 of 144 DRAFT �\ wi .LL�?Ig spa r � is n' � ,OW AO A119 �tDZ 0 l 074 EXHIBIT K(a) (Landscaping) 401l1 'QoeVV -N 004 'M 6ZL saurou[u+e01 TOW wed adeaspire7 ww. 0 ai jAagenda draft documents \09-23-2014\entrada at moab\entrada draft dev and phase agreementl.docx 4ent-raa `entfad ar-aft ae.. and phase agrccmcntl.docx Page 27 of 28 Agenda Page 97 of 144 PLANTING SCHEDULE ilressloal ,ten e , OM,_ry b 1 'nee lens Fenuermon w, arr23 e.Pw Y fu37 (enma maw ren sime � w Nolo fea Y-Ca 0 5.ree 8 Selin II M1e. Marne Cedno Common Nana Gels el labenen PAtir0 Su Ouv.r.> 10 Ulnae eq51 1.14nee, Pine e-T n s8 Arue Svent.fie. Mane nje-es. Pow, dynlu„ nen. Soy Lemma.. Manx -de 1.11141 Gem 1,.411 Ay saem men PIA.. Size 0Liantily s]ned sderlft name ik 9 •rsi. cesgeme cttwe Iseperue Imre Peneue helms ,ffire1011 Mama Far +Fw seleese Hr.,nt Soiree eraPm lawmen Tee }VS }en Quantity 221 ae .vriuwe w',ado un,corpue 'Mao' 19. da..M J., 0° 1,411.1,0 lloclurew 1.•01, vo0dure spy &woe' .4.04.1.r, Req. a w..l NOW Pertelemen Barbet= am sel.ra erewA Ferman, ud Pet el' God F.a card OP% epee Tempe Pe.e.. Sim aaw,eee NOTES '] 77Tapma En. pm rrma esp. �_ ww...m.e.e rt (wgw�iwHnrbw bnlieurwlaneruroeaua u u�m l t .50 wy we't:w.e11ewy: s,. P.P „� neeeste be ma., h sg(en,.�uweewa ere u. ..y. 3] CN can ;"/-4 'pPula, us.r w te":4 '� wyx;u�e.7 re er �pm..M .� ratlnaem emm q v. sham el - namn p eri Ysi re n. pmrn e.n e, e T p Y] 0n ▪ u.. 9.nem bnw a�y� u�me em w 1]1 wrap 9] b Irneetiw .p a t: inei tot yrwwa P) sae, . •e wow r. e...� rri �i � �'iu w eme e. rnetelra y rmemna mgeinnweenlrxrw. NATIVE SEED MIX swpiee tee' rebde P 9,:�:tl�e ueloulae.t. earn marling u�o"am .p 1.2.M.1. PALL.m...,� emtl Saerenaq .011235 roes d1. e� °,w"rin,rrn 9.w aloe Pmslm�o� agg yore'Po-e . al ..Pr. ar es a. ,5 per oa: m1e./ u� �wr t°.,.a. ::e.. w. re . n are r.r n a amaain...emeurm. P« w.l reair> nee eu.u.c rs reerrnn a pun. e.0 0e +n aPY a PDA.00 f ...1 MRCSS MO. e[neSSA rep, 000, .0 Uri) MADE PO uemi a 112,9s ems ODECIDUOUS TREE PLANTING DETAIL SHRUB PLANTING DETAIL C EVERGREEN PLANTING DETAIL LANDSCAPE PERCEN LACES: Formal Planter Beds 23.519 s.f 45% Open Space / Native Seed 24,994 s.f. 48Z Rock Mulch 3.535 s,f. 7X v a r ye. L102 hase aereemen -2014\entra Page 98 of 144 Exhibit L After recording return to: Morgan Fife Robinson, Seiler & Anderson, LC Attorneys at Law 2500 N. University Ave., Ste. 100 Provo, UT 84604 DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS (Including Owner Association Bylaws) TOWNHOMES at Entrada at Moab A Planned Development (Expandable) City of Moab, Grand County, Utah This Declaration of Easements, Covenants, Conditions, and Restrictions (the "Declaration") is made this day of , 2013, by Snow Hound Moab, LLC, a Utah limited liability company, in its capacity as the owner and developer of Entrada at Moab, a Planned Development (Expandable in the City of Moab, Grand County, Utah. ARTICLE I PURPOSE AND EFFECTUATION 1.01 Purpose. The purpose of this Declaration is to provide for the preservation of the values of Lots, Common Areas, and Units within the Development; for the maintenance of the Common Areas therein; and for the integration of the Development as a Neighborhood within Entrada at Moab in the City of Moab, Grand County, Utah. 1.02 Effectuation. From and after the effective date hereof: (a) Each part of the Development and each Lot and Unit lying within the boundaries of the Development shall constitute constituent parts of a single planned unit development; (b) the Development shall consist of the Lots and of the Common Areas which are described and depicted on the Plat, together with such additional Lots and Common Areas as may come into existence pursuant to the provisions hereof relating to annexation and expansion of the Development; (c) the Declaration of the Development shall consist of this document as the same may be modified, amended, supplemented, or expanded in accordance with the provisions hereof; and (d) the Plat of the Development shall consist of the instrument which is identified as Phase I, Townhomes at Entrada at Moab a Planned Unit Development (Expandable), Moab, Utah, and filed for record concurrently herewith in the office of the Grand County Recorder, Moab, Utah, as the same may be amended, and any subsequent plats which may be filed for record pursuant to the provisions hereof relating to annexation or expansion of the Development. cv d a) Q 1 Page 99 of 144 ARTICLE II DEFINITIONS When used in this Declaration each of the following terms shall have the meaning indicated: 2.01 Intentionally omitted. 2.02 Articles shall mean and refer to the Articles of Incorporation of the Association, which are or shall be filed in the Office of the Division of Corporations and Commercial Code, State of Utah, as amended from time to time. 2.03 Assessment shall mean the amount which is to be levied and assessed against each Lot and paid by each Owner to the Association for Association expenses. 2.04 Association shall mean Entrada at Moab OWNERS ASSOCIATION, a Utah nonprofit corporation, and its successors and assigns. 2.05 Board shall mean the Board of Trustees of the Association. 2.06 Bylaws shall mean and refer to the Bylaws of the Association as set forth and embodied in this Declaration in Articles XI, XII and XIII. 2.07 Common Areas shall mean all portions of the Development except the Lots and Units, and shall include all property owned by the Association for the common use and enjoyment of the Owners such as all private and undedicated roadways, driveways, parking, amenities, open spaces, landscaping, structural common areas, if any, and the like, together with all easements appurtenant thereto, as reflected on the Plat. 2.08 Declarant shall mean SNOW HOUND MOAB, LLC, a Utah limited liability company, its successors and assigns, if any, as developers of the Development. 2.09 Declaration shall mean this "Declaration of Easements, Covenants, Conditions and Restrictions of 45 Townhomes, a Planned Unit Development (Expandable), Moab, Grand County, Utah" as the same may be supplemented or amended from time to time. 2.10 Development shall mean the planned unit development known as Entrada at Moab as it exists at any given time. 2.11 Limited Common Areas shall mean any Common Areas designated for exclusive use by the Owner of a particular Unit. Limited Common Areas that are identified on the Plat with the same number or other designation by which a Unit is cv d a) Q 2 Page 100 of 144 identified thereon shall be Limited Common Area for the exclusive use of the Owner of the Unit bearing the same number or designation. 2.12 Lot shall mean and refer to any of the separately numbered and individually described parcels of land within Development as designated on the Plat intended for designed zoning usage. 2.13 Managing Agent shall mean any person or entity appointed or employed as Managing Agent by the Association. 2.14 Mortgage shall mean any recorded first mortgage or first deed of trust encumbering a Lot; and Mortgagee shall mean any mortgagee or beneficiary under a mortgage. 2.15 Owner shall mean any person who is the owner of record (as reflected by the records in the office of the County Recorder of Grand County, Utah) of a fee or undivided fee interest in any Lot, and any contract purchaser of any Lot. Notwithstanding any applicable theory relating to mortgages, no Mortgagee nor any trustee or beneficiary of a trust deed shall be an owner unless such party acquires fee title pursuant to foreclosure or sale or conveyance in lieu thereof. Declarant shall be an Owner with respect to each Lot owned by it. Multiple owners of a particular Lot shall be jointly and severally liable as to all responsibilities of an Owner. 2.16 Plat shall mean and refer to the subdivision plat covering the Property entitled, "Phase I, Entrada at Moab, a Planned Unit Development (Expandable), Moab, Grand County, Utah," prepared and certified to by Focus Engineering (a duly registered Utah Land Surveyor holding Certificate No. ), executed and acknowledged by Declarant, accepted by Moab City, and filed for record in the office of the County Recorder of Grand County, Utah, concurrently with this Declaration. Such term shall also include any subdivision plat or plats pertaining to all or any portion of the Additional Land as and when the same is annexed and added to the Development pursuant to the annexation provisions of Article III of this Declaration. 2.17 Property shall mean all land covered by this Declaration, including Common Areas and Lots and other land annexed to the Development as provided in this Declaration. The initial Property shall consist of the land described in Section 3.01 of Article III hereof. 2.18 Reimbursement Assessment shall mean a charge against a particular Owner or his Lot for the purpose of reimbursing the Association for costs incurred in brining the Owner or his Lot or Unit into compliance with the provisions of this Declaration, the Articles, Bylaws or rules and regulations of the Association, or any other charge designated as a Reimbursement Assessment in this Declaration, the Articles, Bylaws or rules and regulations of the Association, together with costs, interest, attorney fees, and other charges payable by such Owner pursuant to the provisions of this Declaration. c� d a) Q 3 Page 101 of 144 . 2.19 Unit shall mean a structure which is designed, constructed and intended for use or occupancy as to the zoning approval on a Lot. Together with all improvements located on the same Lot and used in conjunction with such residence, including anything located within or without said Unit (but designated and desiged to serve only that Unit) such as patios, decks, appliances, electrical receptacles and outlets, air conditioning compressors and other air conditioning apparatus, but specifically excluding roofs and exterior surfaces of Units (and/or the buildings in which Units exist) and patio fences, all of which roofs, surfaces and fences shall be treated as Limited Common Areas designated for the exclusive use of the particular Units to which such surfaces appertain, even though not designated as Limited Common Areas on the Plat. ARTICLE III PROPERTY DESCRIPTION AND ANNEXATION 3.01 Submission. The Property which initially is and shall be held, transferred, sold, conveyed, and occupied subject to the provisions of this Declaration consists of the following described real property in the City of Moab, Grand County, State of Utah: PROPERTY DESCRIPTION TOGETHER WITH all easements, rights -of -way, and other appurtenances and rights incident to, appurtenant to, or accompanying the above - described parcel of real property, whether or not the same are reflected on the Plat. RESERVING UNTO DECLARANT, however, such easements and rights of ingress and egress over, across, through, and under the said property and any improvements (including buildings) now or hereafter constructed thereon as may be reasonably necessary for Declarant (in a manner which is reasonable and not inconsistent with the provisions of this Declaration): (i) to construct and complete each of the buildings and Units and all of the other improvements described in this Declaration or in the Plat recorded concurrently herewith, and to do all things reasonably necessary or proper in connection therewith; (ii) to construct and complete on the Additional Land or any portion thereof such improvements as Declarant shall determine to build in its sole discretion (and whether or not the Additional Land or any portion thereof has been or hereafter will be added to the Development); and (iii) to improve portions of the said property with such other or additional improvements, facilities, or landscaping designed for the use and enjoyment of all the Owners as Declarant may reasonably determine to be appropriate. If, pursuant to the foregoing reservations, the said property or any improvement thereon is traversed or partially occupied by a permanent improvement or utility line, a perpetual easement for such improvement or utility line shall exist. With the exception of such cv d a) Q 4 Page 102 of 144 perpetual easements, the reservations hereby effected shall, unless sooner terminated in accordance with their terms, expire ten (10) years after the date on which this Declaration is filed for record in the office of the County Recorder of Grand County, Utah. ALL OF THE FOREGOING IS SUBJECT TO all liens for current and future taxes, assessments, and charges imposed or levied by governmental or quasi -governmental authorities; all Patent reservations and exclusions; all mineral reservations of record and rights incident thereto; all instruments of record which affect the above -described real property or any portion thereof, including, without limitation, any Mortgage (and nothing in this paragraph shall be deemed to modify or amend such Mortgage); all visible easements and rights -of -way, encroachments, or discrepancies shown on or revealed by the Plat or otherwise existing; an easement for each and every pipe, line, cable, wire, utility line, or similar facility which traverses or partially occupies the said real property at such time as construction of all Development improvements is complete; and all easements necessary for ingress to, egress from, maintenance of, and replacements of all such pipes, lines, cable, wires, utility lines, and similar facilities; AND TO EACH OF THE COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS CONTAINED IN THIS DECLARATION. 3.02 Division into Lots. The Development is hereby divided into forty-five (45) Lots, as set forth and described on the Plat, with appurtenant and equal rights and easements of use and enjoyment in and to the Common Areas, as well as appurtenant obligations pertaining to assessments, maintenance, etc., all as set forth in this Declaration. ARTICLE IV DUTIES AND OBLIGATIONS OF OWNERS 4.01 Maintenance and Repairs. Each Owner shall at his own cost maintain his Lot and any improvements constructed thereon in good repair at all times, provided that Unit exteriors, roofs, and patio fences shall be maintained and repaired by the Association as provided in Section12.01(d) of this Declaration. In the event of the damage or destruction of any Unit, the Owner of the Lot on which such Unit is situated shall either rebuild the same within a reasonable time or shall raze the remains thereof so as to prevent the unsightly appearance and dangerous condition of a partially destroyed building in the Development. The painting or repainting, remodeling, rebuilding or modification of any Unit exteriors or parts thereof must be submitted to and approved by the Architectural Control Committee pursuant to its procedures. Notwithstanding the obligations of the Association to maintain and repair Unit exteriors, roofs and patio fences as provided herein, no Owner shall openly or wantonly neglect or fail to do all within his power to help keep such items in good and attractive condition. cv d a) Q 5 Page 103 of 144 4.02 Insurance. Notwithstanding any insurance coverage required to be provided herein by the Association, each Owner shall procure and maintain in force hazard insurance on personal contents and liability coverage as is customary in projects such as the Development and which is consistent with each Owner's individual circumstances. 4.03 Assessments and Rules Observance. Each Owner shall be responsible for the prompt payment of any Assessments provided for in this Declaration and for the observance of the rules and regulations promulgated by the Association from time to time. Owners in violation of this Section 4.03 will not be deemed to be in good standing for Association voting purpose. 4.04 Transfer of Interests. Except for obligations already accrued, an Owner who, for other than purposes of security, transfers all of his interests in his Lot to another, either voluntarily or by operation of law, shall be relieved of all obligations under this Declaration, following such transfer. ARTICLE V PROPERTY RIGHTS AND CONVEYANCES 5.01 Easement Concerning Common Areas. Each Lot shall have appurtenant thereto a nonexclusive right and easement of use and enjoyment in and to the Common Areas for their intended purposes. Such right and easement shall be appurtenant to and shall pass with title to each Lot and shall in no event be separated therefrom. 5.02 Form of Conveyancing; Leases. Any deed, lease, mortgage, deed of trust, purchase contract or other instrument conveying or encumbering title to a Lot shall describe the interest or estate involved substantially as follows: Lot No. as identified in the Plat recorded in the office of the Grand County Recorder as Entry No. , and Map Filing No. contained within Plat of , a Planned Unit Development, SUBJECT TO THE "Declaration of Easements, Covenants, Conditions and Restrictions of , a Planned Unit Development," recorded in the office of the Grand County Recorder in Book , at Page , as Entry No. (as said Declaration may have heretofore been amended or supplemented), TOGETHER WITH a right and easement of use and enjoyment in and to the Common Areas described, and as provided for, in said Declaration of Easements, Covenants, Conditions and Restrictions (as said Declaration may have heretofore been amended or supplemented). cv d a) Q 6 Page 104 of 144 Whether or not the description employed in any such instruments is in the above - specified form, however, all provisions of this Declaration shall be binding upon and shall inure to the benefit of any parry who acquires any interest in a Lot. 5.03 Transfer of Title to Common Areas. Concurrent with or immediately following the recordation of this Declaration and the Plat, Declarant shall convey to the Association title to the various Common Areas free and clear of all liens other than the lien of current general taxes and the lien of any nondelinquent assessments, charges, or taxes imposed by governmental or quasi -governmental authorities. 5.04 Limitation on Easement. Each Lot's appurtenant right and easement of use and enjoyment concerning the Common Areas shall be subject to the following: (a) The right of the Association to govern by reasonable rules and regulations the sue of the Common Areas so as to provide for the enjoyment of the Common Areas in a manner consistent with the collective rights of all of the Owners; (b) The right of the City of Moab, Utah, and any other governmental or quasi - governmental body having jurisdiction over the Property, to enjoy access and rights of ingress and egress over and across any street or driveway, parking area, walkway, or open area contained within Common Areas for the purpose of providing police and fire protection and providing any other governmental or municipal service; and (c) The right of the Association to dedicate or transfer any part of the Common Areas to any public agency or authority for such purposes and subject to such conditions as may be agreed to by the Association; provided that such dedication or transfer must first be assented to in writing by (i) the holder of each and every Mortgage that encumbers any Lot and (ii) the Owners of Lots to which at least sixty percent (60%) of the total votes in the Association appertain. 5.05 Utility Easements. Each Lot is subject to appurtenant easements for underground lines for utility purposes under and through such portions of the Common Areas as are comprised of roads, walkways and landscaped areas. If any Owner utilizes such easement rights with respect to his Lot or Unit, he shall be responsible for the restoration to its former state of any portion of the Common Areas which may have been disturbed or damaged as a result. 5.06 Easements for Encroachments. If any structure or Unit improvement (including without limitation, roof overhangs) constructed on any Lot whether or not constructed in replacement of the structure or improvement previously located thereon (so long as such structure or improvement is in substantially the same configuration and location as such prior structure or improvement) now or hereafter encroaches upon any other Lot or upon any portion of the Common Areas, a valid easement for such encroachment and the maintenance thereof, so long as it continues, shall exist. If any structure (including without limitation, roof overhangs) on any Lot shall be partially or totally destroyed and then rebuilt in a manner intended to substantially duplicate the ca a) a) Q 7 location and configuration of the structure so destroyed, minor encroachments of such structure upon any other Lot or upon any portion of the Common Areas due to the reconstructed structure's being in a slightly different location than its predecessor shall be permitted; and valid easements for such encroachments and the maintenance thereof, so long as they continue, shall exist. ARTICLE VI USE RESTRICTIONS 6.01 Use of Common Area. The Common Areas shall be used only in a manner consistent with their community nature and with the use restrictions applicable to Lots and Units set forth herein. 6.02 Residential Use. The Property is zoned C-2 and applicable provisions of Moab City Ordinances. Each Lot, Unit, and Owner are subject to the uses and restrictions imposed by such zoning, including occupancy and parking, and no Lot or Unit shall be used, occupied or altered in violation of such ordinances or so as to create a nuisance or to interfere with the rights of any other Owner. 6.03 Prohibited Use and Nuisances. The following uses and practices are specifically prohibited, in addition to any additional prohibitions which may, from time to time, be adopted by the Board pursuant to Section 12.03 of this Declaration: (a) No animals, livestock, or poultry or any kind shall be permitted on any Lot or within any Unit except such domesticated household pets or birds as are allowed pursuant to the rules and regulations, including leash laws, adopted by the Board pursuant to Section 12.03 of this Declaration. (b) No parking of vehicles of any kind on the streets or parking areas within the Development shall be permitted except as set forth in rules and regulations adopted by the Board pursuant to Section 12.03 of this Declaration. (c) No outside television or radio aerial or antenna, or other similar device for reception or transmission shall be permitted on any Lot or the exterior of any Unit except pursuant to written approval of the Architectural Control Committee pursuant to rules and regulations adopted by it and/or as set forth in this Declaration. (d) No Unit within the Development shall (i) contain any coal or wood -burning fireplace, stove, or other similar device unless the same is EPA approved or unless such fireplace, stove, or other device is fueled by natural gas only; (ii) contain a swamp cooler unless the placement thereof has been first approved in writing by the Committee; or (iii) contain a basement. ARTICLE VII cv d a) Q 8 Page 106 of 144 ARCHITECTURAL CONTROL 7.01 Architectural Control Committee. The Board of Trustees of the Association shall appoint a three -member Architectural Control Committee (the "Committee"), the function by which shall be to ensure that all improvements and landscaping within the Development harmonize with existing surroundings and structures. The Committee need not be composed of Owners. If such a Committee is appointed, the Board itself shall perform the duties required of the Committee. 7.02 Submission to Committee. No Unit, accessory of or addition to a Unit which is visible from the Common Areas shall be constructed or maintained, and no alteration, repainting, or refurbishing of the exterior of any Unit shall be performed, unless complete plans and specifications therefore have first been submitted to and approved by the Committee. 7.03 Standard. In deciding whether to approve or disapprove plans and specifications submitted to it, the Committee shall use its best judgment to ensure that all improvements, construction, landscaping, and alterations on Lots within the Development conform to and harmonize with existing surroundings and structures. Any structure hereafter constructed on any Lot in replacement of the structure previously located thereon shall be constructed in substantially the same configuration, location and architectural style and be approximately the same size as the prior structure; and if the plans and specifications therefor meet such criteria, the Committee must approve the same. 7.04 Approval Procedure. Any plans and specifications submitted to the Committee shall be approved or disapproved by it in writing within thirty (30) days after submission; provided, however, that plans and specifications for any replacement structure to be constructed in substantially the same configuration, location and architectural style and to be of substantially the same size as its predecessor shall be approved or disapproved within ten (10) days after submission. In the event the Committee fails to take any such specified periods, it shall be deemed to have approved the material submitted except in those respects that such material is not in conformity with the provisions of this Declaration, as to which respects it shall be deemed disapproved. 7.05 Construction. Once begun, any improvements, construction, landscaping, or alterations approved by the Committee shall be diligently prosecuted to completion. If reasonably necessary to enable such improvement, construction, landscaping, or alteration, the person or persons carrying out the same shall be entitled to temporarily use and occupy portions of the Common Areas in the vicinity of the activity provided that they shall promptly restore such areas as to their prior condition when the use thereof is no longer required. c� d a) Q 9 Page 107 of 144 7.06 Liability for Damages. Neither the Committee nor any member thereof shall be held liable for damages by reason of any action, inaction, approval, or disapproval taken or given without malice by such member or the Committee with respect to any request made pursuant to Article VII. 7.07 Declarant's Obligation. Declarant hereby covenants in favor of each Owner (a) that all Units to be erected by it and all improvements of the Common Areas to be accomplished by it in the Development will be architecturally compatible with respect to one another; and (b) that on the date on which this Declaration is filed for record in the Office of the County Recorder of Grand County, Utah, all Lots and Common Areas of the Development will be located approximately in the locations shown on the Plat. ARTICLE XIII INSURANCE 8.01 Hazard Insurance. The Board shall procure and maintain from a company or companies holding a financial rating of Class VI or better from Best's Key Rating Guide, a policy or policies of hazard insurance in an amount or amounts equal to or exceeding the full replacement value (exclusive of the value of land, foundations, excavation and other items normally excluded from coverage) of the Common Areas owned by the Association and of all the Units (and/or buildings in which such Units exist, including all building service equipment, if any, and the like) and all roofs, surfaces and structures comprising Units (regardless of any definition thereof in Article II) with an Agreed Amount Endorsement or its equivalent, if applicable, or an Inflation Guard Endorsement and such other endorsements as the Board may deem to be reasonable. Such insurance policy or policies shall name the Association as insured for the benefit of the Owners and shall afford protection, to the extent applicable, against at least the following: (a) loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and by vandalism, malicious mischief, windstorm, and water damage; and (b) such other risks as shall customarily be covered with respect to facilities similar in construction, location, and use. 8.02 Liability Insurance. The Board shall procure and maintain from a company or companies holding a financial rating of Class VI or better from Best's Key Rating Guide a policy or policies (herein called the "Policy") of Public Liability Insurance to insure the Association, the Board, the Managing Agent and employees of the Association and the Owners against claims for bodily injury and property damage arising out of the conditions of the Common Areas or activities thereon under a Comprehensive General Liability form. Such insurance shall be for such limits as the Board may decide, but not less than those limits customarily carried in connection with properties of comparable character and usage in Grand County nor less than $1,000,000 for personal 10 Page 108 of 144 injury and property damage arising out of a single occurrence, such coverage to include protection against water damage liability, liability for non -owned and hired automobile, liability for the property of others and such other risks as shall customarily be covered with respect to property similar in construction, location and use. The policy shall contain a "Severability of Interest" endorsement which shall preclude the insurer from denying the claim of any Owner because of negligent acts of the Association or other Owners and a cross -liability endorsement pursuant to which the rights of the named insureds as between themselves are not prejudiced. The policy shall provide that the policy may not be canceled or substantially modified by the insurer unless it gives at least thirty (30) days prior written notice thereof to each insured. Any such overage procured by the Board shall be without prejudice to the right of the Owners to insure their personal liability for their benefit at their own expense. 8.03 Additional Insurance; Further General Requirements. The Board may also procure insurance which shall insure the Common Areas and the Association or the Owners and others against such additional risks as the Board may deem advisable. Insurance procured and maintained by the Board shall not require contribution from insurance held by any of the Owners or their Mortgagees. Each policy of insurance obtained by the Board shall, if reasonably possible, provide: (a) a waiver of the insurer's right of subrogation against the Association, the Owners, and their respective directors, officers, agents, employees, invitees, and tenants; (b) that it cannot be canceled, suspended, or invalidated due to the conduct of any particular Owner or Owners; (c) that it cannot be canceled, suspended, or invalidated due to the conduct of the Association without a prior written demand that the defect be cured; and (d) that any "no other insurance" clause therein shall not apply with respect to insurance maintained individually by any of the Owners. 8.04 Fidelity Coverage. The Association may elect to maintain fidelity coverage to protect against dishonest acts on the part of officers, trustees, managing agents, directors and employees of the Association and all others (including volunteers) who handle, or are responsible for handling, funds of the Association. In that event, such fidelity bonds shall: (a) name the Association as oblige; (b) be written in an amount based upon the best business judgment of the Association and shall not be less than the estimated maximum of funds (including reserve funds) in the custody of the Association or the Managing Agent at any given time during the term of each bond, but in no event be less than a sum equal to three months' assessment on all Lots plus reserve funds; as d a) Q 11 Page 109 of 144 (c) contain waivers of any defense based upon the exclusion of volunteers or persons who serve without compensation from any definition of "employee" or similar expression; and (d) provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days prior written notice to the insured. 8.05 Review of Insurance. The Board shall periodically, and whenever requested by Owners entitled to exercise at least twenty percent (20%) of the outstanding votes in the Association, review the adequacy of the Association's insurance program and shall report in writing the conclusions and action taken on such review to the Owner of each Unit and to the holder of any Mortgage on any Lot who shall have requested a copy of such report. Copies of every policy of insurance procured by the Board shall be available by any Owner and any Mortgagee. 8.06 Other Insurance Provisions. All insurance required pursuant to this Article VIII shall be written by insurers licensed in the State of Utah. Notwithstanding anything in this Article VIII to the contrary, any insurance required to be obtained by the Association pursuant to Sections 8.01, 8.02, 8.03, or 8.04 of this Article shall be required only to the extent that such coverage is reasonably obtainable at reasonable rates and is customarily obtained with respect to improvements or facilities having the same or similar characteristics of the Common Areas and Units or risks being insured. ARTICLE IX RIGHTS OF MORTGAGEES 9.01 Title and Mortgagee Protection. A breach of any of the covenants, provisions, or requirements of this Declaration shall not result in any forfeiture or reversion of title or of any other interest in a Lot or any other portion of the Property. A breach of any of the covenants, provisions, or requirements of this Declaration shall not defeat, impair, or render invalid the lien of or other rights under any Mortgage. Unless and until it enters into possession or acquires title pursuant to foreclosure or any arrangement or proceeding in lieu thereof, any Mortgagee interested under any Mortgage affecting a Lot or any other portion of the Property shall have no obligation to take any action to comply with, and may not be compelled to take any action to comply with, any of the covenants, provisions, or requirements of this Declaration (other than those, if any, concerning a consent or approval to be given by a Mortgagee, in the event a Mortgagee's failure to give same is wrongful). No amendment to this Declaration shall in any way affect the rights of any Mortgagee interested under a Mortgage which is in effect at the time of the amendment concerned or the rights of any successor in interest or title to such Mortgagee, either before or after such Mortgagee or its successor enters into possession or acquires title pursuant to foreclosure or any arrangement or proceeding in lieu thereof, unless such Mortgagee has consented in writing to such amendment. as d a) Q 12 Page 110 of 144 9.02 Preservation of Common Area. The Common Areas shall remain substantially of the same character, type, and configuration as when such Common Areas became part of the Development. Unless the Association shall receive the prior written approval of (a) all first Mortgagees of Lots and (b) the Owners of all Lots, the Association shall not be entitled by act or omission to abandon, partition, subdivide, encumber, sell, transfer or materially modify the Common Areas, except to grant reasonable easements for utilities and similar or related purposes. 9.03 Notice of Matters Affecting Security. The Association shall give written notice to any Mortgagee of a Lot requesting such notice whenever: (a) there is any material default by the Owner of the Lot subject to the Mortgage in performance of any obligation under this Declaration or the Articles of the Association which is not cured within sixty (60) days after default occurs; or (b) $10,000.00; or damage to the Common Areas from any one occurrence exceeds (c) there is any condemnation or taking by eminent domain of any material portion of the Common Areas. 9.04 Notice of Meetings. The Board shall give to any Mortgagee of a Lot requesting the same, notice of all meetings of the Association; and such Mortgagee shall have the right to designate in writing a representative to attend all such meetings. 9.05 Right to Examine Association Records. Any Mortgagee shall, upon request, have the same right to inspect the books and records of the Association and receive fmancial statements as the Owner of the Lot securing the Mortgage. 9.06 Right to Pay Taxes and Charges. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any portion of the Common Areas and may pay overdue premiums on insurance policies pertaining to the Common Areas, or secure new insurance coverage pertaining to the Common Areas on the lapse of a policy; and Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. 9.07 No Priority Accorded. No provision of this Declaration gives or may give a Lot Owner or any other party priority over any rights of Mortgagees pursuant to their respective Mortgages in the case of a distribution to Lot Owners of insurance proceeds or condemnation awards for loss to or taking of Lots and/or the Common Areas. 9.08 Construction. In the event another provision or clause of this Declaration deals with the same subject matter as is dealt with in any provision or clause of this Article IX, the provision or clause which results in the greatest protection and security for cv d a) Q 13 Page 111 of 144 a Mortgagee shall control the rights, obligations, or limits or authority, as the case may be, applicable to the Association with respect to the subject concerned. ARTICLE X PARTY WALLS 10.01 General Rules of Law to Apply. Each wall to be built as a part of the original construction of the Units and places substantially on a dividing line between Lots shall constitute a parry wall and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for damage due to negligence or willful acts or omissions shall apply thereto. 10.02 Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 10.03 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the Owner of another Lot thereafter makes use of the wall, such other Owner shall contribute to the cost of restoration thereof in proportion to such use; the foregoing provision shall not prejudice, however, the right of any Owner to call for a larger contribution from another Owner under any rule of law regarding liability for negligent or willful acts or omissions. 10.04 Weatherproofing. Notwithstanding any other provisions of this Article X, an Owner who by his negligent or willful act causes a parry wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 10.05 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article X shall be appurtenant to the land and shall pass to such Owner's successors in title. ASSOCIATION BYLAWS THE ASSOCIATION'S BYLAWS ARE HEREBY EMBODIED IN THIS DECLARATION AS ARTICLES XI, XII, AND XIH. THE MISCELLANEOUS PROVISIONS OF ARTICLE XIV OF THIS DECLARATION SHALL BE APPLICABLE TO BOTH THE DECLARATION AND BYLAWS PROVISIONS, AS THE CASE MAY BE. ARTICLE XI BYLAWS as d a) Q 14 Page 112 of 144 MEMBERSHIP AND VOTING 11.01 Membership. Every Owner upon acquiring title to a Lot shall automatically become a member of the Association and shall remain a member thereof until such time as his ownership of such Lot ceases for any reason, at which time his membership in the Association with respect to such Lot shall automatically cease and the successor Owner shall become a member. Membership in the Association shall be mandatory and shall be appurtenant to and may not be separated from the ownership of a Lot. 11.02 Voting Rights. The Association shall initially have two (2) classes of voting memberships, votes of both classes being of equal value as to all maters: (a) Class A. Each Owner, including Declarant, shall be a Class A member entitled to one (1) vote for each Lot in which such member holds the interest required for such Class A membership. (b) Class B. Declarant shall be the only Class B member and shall be entitled to one (1) vote for each Association Class A membership outstanding at such time (in addition to any votes to which it is entitled as a Class A member); provided, however, that such Class B membership shall lapse and become a nullity on the first to happen of the following events: (i) ninety (90) days following the date upon which the total outstanding Class A memberships, other than those held by Declarant, equal the total number of Class B votes to which Declarant is entitled pursuant to the provisions of Section 11.02(b); or (ii) on December 31, 2014; or (iii) upon surrender of said Class B membership by Declarant in writing to the Association. Upon the lapse or surrender of the Class B membership, as provided in Section 11.02(b)(i) and (ii), Developer shall be and thereafter remain a Class A member as to each and every Lot in which Declarant holds the interest otherwise required for Class A membership. 11.03 Multiple Ownership Interests. In the event there is more than one Owner of a particular Lot, the vote relating to such Lot shall be exercised as such Owners may determine between or among themselves, but in no event shall more than the total number of votes appurtenant to such Lot be case with respect to any issue. A vote cast at any Association meeting or by written consent by any of such Owners, whether in person or by proxy, shall be conclusively presumed to be the entire vote attributable to the Lot concerned unless an objection is made at the meeting or in writing by another Owner of cv d a) Q 15 Page 113 of 144 the same Lot, in which event no vote will be counted with respect to such Lot except to determine the presence or absence of a quorum. 11.04 Records of Ownership. Every Owner shall promptly cause to be duly filed of record the conveyance document (or in the case of contract buyer, a copy of the sales contract or notice of interest) to him of his Lot and shall file a copy of such conveyance document with the Secretary of the Association, who shall maintain a record of ownership of the Lots. Any Owner who mortgages his Lot or any interest therein shall notify the Secretary of the Association of the name and address of the Mortgagee and also of the release of such Mortgage; and the Secretary of the Association shall maintain all such information in the records of ownership. The Association may at any time obtain and rely on information from the Grand County Recorder regarding the Owners and Mortgagees of Lots. 11.05 Place of Meeting. Meetings of the Association shall be held at such suitable place convenient to the Owners as may be designated by the Secretary of the Association in the notice thereof. 11.06 Annual Meetings. Annual meetings of the membership of the Association shall be held in the month of September of each year beginning in the year 2014 on such day and time as is set forth in the notice therefore; provided, that after the first such annual meeting, a month other than September may be chosen if it is deemed by the membership to be more convenient. At such annual meetings there shall be elected trustees of the Board, as needed, pursuant to the provisions of this Declaration. Financial and budget reports shall also be presented at such meetings as well as other business of the Association properly placed before each meeting. 11.07 Special Meetings. The President shall call a special meeting of the Owners as directed by a resolution of the Board or on a petition signed by Owners holding at least thirty (30%) of the total votes of the Association and having been presented to the Secretary. No business shall be transacted at a special meeting except as stated in the notice therefore unless consented to by fifty percent (50%) or more of the Owners present, either in person or by proxy. 11.08 Notice of Meetings. The Secretary shall mail a notice of each annual or special meeting stating the purpose thereof as well as the time and place of the meeting to each Owner of record at least ten (10), but not more than twenty (20), days prior to such meeting. The mailing of notice by prepaid U.S. Mail or by delivery in person shall be considered notice served. 11.09 Quorum. Owners present in person or by proxy at any membership meeting duly called pursuant to notice shall constitute a quorum at all meeting, both annual and special; provided, however, that such Owners collectively be entitled to cast at least forty percent (40%) of the total Association votes eligible to vote. as d a) Q 16 Page 114 of 144 11.10 Adjourned Meetings. If any meeting of Owners cannot be organized because a quorum is not present, the Owners who are present either in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called at which time the requirements for a quorum shall be reduced by one-half that required in Section 11.09. 11.11 Officers. The Association shall have a President, a Vice President, and a Secretary/Treasurer all of whom shall be elected by and from the Board. The Board may appoint an Assistant Secretary and Assistant Treasurer. Only the offices of Secretary and Treasurer may be filled by the same person. The officers shall be elected by the Board in an organizational meeting of the Committee immediately following each annual meeting of the Owners at which the new Board has been elected. (a) President. The President shall be the chief executive officer of the Association and shall preside at .all meetings of the Association and of the Board. The President shall have all of the general powers and duties that are usually vested in the office of president of a similar type of association. (b) Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor Vice President is able to act, the Board shall appoint some other member of the Board to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed on him by the Board. (c) Secretary. The Secretary shall keep the minutes of all meetings of the Board and the minutes of all meetings of the Association. He shall have charge of such books and records as the Board may direct and he shall, in general, perform all duties incident to the office of secretary of a similar type association. (d) Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all money and any other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board. 11.12 Initial Composition of Board. Declarant alone shall have the right to select the initial Board of Trustees which may be composed of less than five (5) Trustees but not less than three (3), none of whom need be Owners. Such right of the Declarant to appoint the Board shall remain in Declarant until the expiration of three (3) years after the first conveyance of title to any Lot Owner or until Declarant voluntarily waives such right, in whole or in part, in writing and requests the Association to elect members of the Board in accordance with the Association's Bylaws set forth in Section 11.13, whichever event shall first occur. 11.13 Board of Trustees: Composition, Election, Vacancies. The Association, through its Board of Trustees, is responsible for the maintenance of any Common Areas, cv d a) Q 17 Page 115 of 144 the determination, imposition and collection of Assessments, the enforcement of the provisions of this Declaration and, in general, the preservation of the residential quality and character of the Development to the benefit and general welfare of the Owners. Subject to the provisions of Section 11.12, the Board shall be composed by five (5) Trustees, each of whom shall be an Owner (or an officer, director, or agent of a non - individual Owner). The Owners may increase the maximum number of Trustees to and including seven (7) at any meeting of Association members. At the first meeting of Owners to elect a Board of Trustees two (2) shall be elected to a three-year term, two (2) to a two-year term, and one (1) to a one-year term. As Trustees' terms expire, new Trustees shall be elected for three-year terms and shall serve on the Board until their successors are elected. Vacancies on the Board shall be filled by the remaining Trustees from among the Owners and such appointees shall serve until the next annual meeting of Owners when their successors shall be elected for the unexpired term of the Trustee they were appointed to replace. 11.14 Indemnification of Board. Each of the Trustees shall be indemnified and held harmless by the Lot Owners against all costs, expenses, and liabilities whatsoever (excluding fraudulent and/or criminal actions) including, without limitation, attorneys fees reasonably incurred in connection with any proceeding in which such Trustee may become involved by reason of being or having been a member of said Board. 11.15 Board Meetings, Quorum, Board Action. The Board of Trustees may establish its rules for meetings, whether regular or special. A majority of current Board members shall constitute a quorum. The action of a majority or those Trustees attending a meeting at which a quorum is present shall be sufficient to constitute the action of the Board. Action by consent shall require the unanimous consent of all current Trustees. ARTICLE XII BYLAWS DUTIES AND POWERS OF THE ASSOCIATION 12.01 Duties of the Association. Without limiting any other duties which may be imposed upon the Association by its Articles of Incorporation, Bylaws or the Declaration, the Association shall have the obligation and duty to do and perform each and every one of the following for the benefit of the Owners and the maintenance and improvement of the Property: (a) The Association shall accept all Owners as members of the Association. (b) The Association shall accept title to all Common Areas conveyed to it, whether by Declarant or by others, provided the same is free and clear of liens and encumbrances. cv d a) Q 18 Page 116 of 144 (c) The Association shall maintain, repair, replace, and landscape the Common Areas. (d) In connection with its duties to maintain and repair Common Areas, the Association will provide maintenance and repair upon the exterior surfaces and roofs of the Units (and/or the buildings in which such Units exist) and patio fences, including, but not limited to, painting, replacing, and caring for roofs, gutters, downspouts, exterior surfaces, window casings, trim, fences, and other exterior improvements except glass surfaces. (e) To the extent not assessed to or paid by the Owners directly, the Association shall pay all real property taxes and assessments levied upon any portion of the Common Areas, provided that the Association shall have the right to contest or compromise any such taxes or assessments. (f) The Association shall obtain and maintain in force the policies of insurance required of it by the provisions of the Declaration. (g) The Association may employ a responsible corporation, partnership, firm, person, or other entity as the Managing Agent to manage and control the Common Areas, subject at all times to direction by the Board, with such administrative functions and powers as shall be delegated to the Managing Agent by the Board. The compensation of the Managing Agent shall be reasonable as specified by the Board. Any agreement appointing a Managing Agent shall be terminable by either party, with or without case and without payment of any termination fee, upon thirty (30) days written notice thereof; and the term of any such agreement may not exceed one (1) year, renewable by agreement of the parties for successive periods of one (1) year each. Any Managing Agent may be an agent or employee of the Association or an independent contractor, as the Board deems appropriate. 12.02 Powers and Authority of the Association. The Association shall have all the powers set forth in its Articles of Incorporation and Bylaws, together with its general powers as a nonprofit corporation, and the power to do any and all things which may be authorized, required, or permitted to be done by the Association under and by virtue of the Declaration or the Bylaws, including the power to levy and collect assessments as hereinafter provided. Without in any way liming the generality of the foregoing, the Association shall have the following powers: (a) At any time and from time to time and without liability to any Owner for trespass, damage, or otherwise, to enter upon any Lot for the purpose of maintaining and repairing such Lot or any improvement thereon if for any reason the Owner fails to maintain and repair such Lot or improvement as required herein. The Association shall also have the power and authority from time to time in its own name, on its own behalf, or in the name and behalf of any Owners or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Declaration, the Bylaws or any rules and regulations 19 Page 117 of 144 promulgated by the Board, or to enforce by mandatory injunction or otherwise all of the provisions of the Declaration, the Bylaws, and such rules and regulations. (b) In fulfilling any of its duties under the Declaration, including its duties for the maintenance, repair, operation or administration of the Common Areas and Lots (to the extent necessitated by the failure of the Owners of such Lots) or in exercising any of its rights to construct improvements or other work upon any of the Common Areas, the Association shall have the power and authority to obtain, contract and pay for, or otherwise provide for: (i) Construction, maintenance, repair, and landscaping of the Common Areas on such terms and conditions as the Board shall deem appropriate; (ii) Such insurance policies or bonds as the Board may deem appropriate for the protection or benefit of the Association, the members of the Board, and the Owners; (iii) Such Common Area related utility services as the Board may from time to time deem necessary or desirable; (iv) The services of architects, engineers, attorneys, and certified public accountants, and such other professional or nonprofessional services as the Board may deem desirable; (v) Fire, police, and such other protection services as the Board may deem desirable for the benefit of the Owners or any of the Property; and (vi) Such materials, supplies, furniture, equipment, services, and labor as the Board may deem necessary. 12.03 Association Rules. The Board from time to time, subject to and not inconsistent with the provisions of the Declaration or the Bylaws, may adopt, amend, repeal, and enforce reasonable rules and regulations governing, among other things: (a) the use of Common Areas; (b) the use of any roads or utility facilities owned by the Association; (c) the collection and disposal of refuse; (d) uses and nuisances pertaining to the Property; and (e) all other matters concerning the use and enjoyment of the Property and the conduct of Owners and their invitees within the Development. 12.04 Limitation of Liability. No member of the Board acting in good faith shall be personally liable to any Owner, guest, lessee, or any other person for any error or omission of the Association, its representatives and employees, the Board, any committee of the Board, or the Managing Agent. ARTICLE XIII BYLAWS as d a) Q 20 Page 118 of 144 ASSESSMENTS 13.01 Personal Obligation and Lien. Each Owner shall, by acquiring or in any way becoming vested with his interest in a Lot, be deemed to covenant and agree to pay to the Association the annual, special assessments, and Reimbursement Assessments described in this Article, together with late payment fees, interest, and costs of collection, if and when applicable. All such amounts shall be, constitute, and remain: (a) a charge and continuing lien upon the Lot with respect to which such assessment is made until fully paid; and (b) the personal, joint and several obligation of the Owner or Owners of such Lot at the time the assessment falls due. No Owner may exempt himself or his Lot from liability for payment or assessments by waiver of his rights in the Common Areas or by abandonment of his Lot. In a voluntary conveyance of a Lot, the grantee shall be jointly and severally liable with the grantor for all such unpaid assessments, late payment fees, interest, and costs of collection, including reasonable attorney's fees, which shall be a charge on the Lot at the time of the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. 13.02 Purpose of Assessments. Assessments levied by the Association shall be used exclusively for the purpose of promoting the Development, the interests of the Owners therein, paying costs properly incurred by the Association, and the maintenance, operation, and carrying of the Common Areas. The use made by the Association of funds obtained from assessments may include, but shall not be limited to, payment of the cost of: taxes and insurance on the Common Areas and Units under any approved blanket coverage; maintenance, repair, and improvement of the Common Areas; payment of basic coverage cable TV providing coverage availability to each Unit in the Development; establishment and funding of a reserve to cover major repair or replacement of improvements within Common Areas; and any expense necessary or desirable to enable the Association to perform or fulfill its obligations, functions, or purposes under the Declaration or its Articles of Incorporation, Bylaws, or rules and regulations. 13.03 Annual Assessments. Annual assessments shall be computed and assessed against all Lots in the Development based upon advance estimates of the Association's cash requirements to provide for payment of the cost of those items set forth in Section 13.02, above. 13.04 Annual Budget. Annual assessments shall be determined on the basis of a fiscal year beginning January 1 and ending December 31 next following; provided the first fiscal year shall begin on the date of recordation of this Declaration. On or before December 15 of each fiscal year the Association shall prepare and furnish to each Owner an operating budget for the upcoming fiscal year. The operating budget for the first fiscal year shall be prepared and furnished to each Owner within thirty (30) days of such Owner's initial purchase. The budge shall itemize the estimated cash requirements for such fiscal year, anticipated receipts, reserves, and any deficit or surplus from the prior operating period. The budget shall serve as the supporting document for the annual Page 1;; of 144 assessments for the upcoming fiscal year and as the major guideline under which the Development shall be operated during such annual period. 13.05 Notice and Payment of Annual Assessments. Except with respect to the fiscal period ending December 31, 2014, the Association shall notify each Owner as to the amount of the annual assessment against his Lot on or before December 15 of the year preceding the year for which such annual assessment is made. Each annual assessment shall be payable in twelve (12) equal monthly installments, one such installment due on the first day of each calendar month during the fiscal year to which the assessment relates; provided, however, the annual assessments for the fiscal period ending December 31, 2013, shall be based upon such portion for the calendar year 2013 as follows the date of recordation of the Declaration and shall be payable in such installments and at such times as the Association, in the sole discretion of its Board of Trustees, may determine. The failure of the Association to give timely notice of any annual assessment as provided herein shall not be deemed a waiver or modification in any respect of the provisions of the Declaration, or a release of any Owner from the obligation to pay such assessment or any other assessment; but the date when the payment shall become due in such case shall be deferred to a date fifteen (15) days after notice of such assessment shall have been given to the Owner in the manner provided in the Declaration. 13.06 Initial Fees. In addition, each Owner (other than Declarant), shall be required to prepay at the time of purchase of this Unit, whether as a first time or subsequent Owner, a sum equal to the then monthly installments of the annual assessment which sum shall be in addition to any proration of assessment which may be due for the month in which such purchase takes place. Such fees shall become part of the Association's general fund to be utilized as necessary. 13.07 Maximum Annual Assessment. Until January 1 of the calendar year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment shall be $ per Unit. From and after January 1 of the calendar year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment may be increased each calendar year thereafter by not more than fifteen percent (15%) above the maximum annual assessment for the previous year without the vote of Owners entitled to cast a majority of the Association votes. 13.08 Special Assessments. The Association may levy special assessments for the purpose of defraying, in whole or in part: (a) any expense or expenses not reasonably capable of being fully paid with funds generated by annual assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required addition to or replacement of the Common Areas. Any such special assessment shall be apportioned among and assessed to all Lots in the same manner as annual assessments. Such special assessments must be assented to by a majority of the votes of the membership which Owners present in person or represented by proxy are entitled to cast at a meeting duly called for such purpose. Written notice setting forth the purpose of such meeting shall be sent to all Owners at least ten (10) but not more than thirty (30) days prior to the meeting date. cv d a) Q 22 Page 120 of 144 13.09 Uniform Rate of Assessment. All monthly and special assessments authorized by Sections 13.03 and 13.08, respectively, shall be fixed at a uniform rate for all Lots; provided, however, that until a Lot has been fully improved with a Unit and occupied for the first time for residential purposes, the monthly and special assessments applicable to such Lot shall be one-third (1/3) of the monthly and special assessments which would otherwise apply to such Lot. During the period of time that Declarant holds the Class B membership in the Association if assessed fees collected by the Association fail to adequately meet Association expenses, then Declarant shall pay in excess of such one-third (1/3) partial assessment per Lot, up to the full assessed amount, if necessary, to apply toward such expenses. 13.10 Quorum Requirements. The quorum at any Association meeting required for any action authorized by Section 13.08, above, shall be as follows: At the first meeting called, the presence of Owners of or proxies entitled to cast sixty percent (60%) of the total votes of the Class A membership shall constitute a quorum. If a quorum is not present at the first meeting or any subsequent meeting, another meeting may be called (subject to the notice requirements set forth in Section 13.08, above) at which a quorum shall be one-half (1/2) of the quorum which was required at the immediately preceding meeting. No such subsequent meeting shall be held more than forty-five (45) days following the immediately preceding meeting. 13.11 Reimbursement Assessment on Specific Lot. In addition to the annual assessment and any special assessment authorized pursuant to Section 13.08, above, the Board may levy at any time Reimbursement Assessments (a) on every Lot especially benefitted (i.e., benefitted to a substantially greater degree than any other Lot) by any improvement to adjacent roads, sidewalks, planting areas, or other portions of the Common Areas made on the written request of the Owner of the Lot to be charged; (b) on every Lot the Owner or occupant of which shall cause any damage to the Common Areas necessitating repairs; and (c) on every Lot as to which the Association shall incur any expense for maintenance or repair work performed, or enforcement action taken, pursuant to any of the provisions of the Declaration. The aggregate amount of any such Reimbursement Assessment shall be determined by the cost of such improvements, repairs, maintenance or enforcement action, including all overhead and administrative costs, and all attorney's fees and costs, and shall be allocated among the affected Lots according to the magnitude of special benefit or cause of damage or maintenance or repair work or enforcement action, as the case may be, and such assessment may be made in advance of the performance of work. If a special benefit arises from any improvement which is part of the general maintenance or operation obligations of the Association, it shall not give rise to a Reimbursement Assessment against the Lots benefitted. 13.12 Certificate Regarding Payment. Upon the request of any Owner or prospective purchaser or encumbrancer of a Lot and upon the payment of a reasonable fee to the Association to cover administrative costs, the Association shall issue a certificate stating whether or not payments of all assessments respecting such Lot are as d a) Q 23 Page 121 of 144 current and, if not, the amount of the delinquency. Such certificate shall be conclusive in favor of all persons who rely thereon in good faith. 13.13 Effect of Nonpayment; Remedies. Any assessment (whether annual, special, or Reimbursement Assessment) not received within ten (10) days of the on which it becomes due shall be subject to a late charge equal to five percent (5%) thereof, which together with interest and costs of collection shall be, constitute, and remain a continuing lien on the affected Lot. If any assessment is not received within ten (10) days after the date on which it becomes due, the amount thereof shall also bear interest from the due date at the rate of one and one-half percent (1.5%) per month; and the Association may bring an action against the Owner who is personally liable thereof or may foreclose its lien against the Lot, or both. Any judgment obtained by the Association in connection with the collection of delinquent assessments and related charges shall include reasonable attorney's fees, court costs, and every other expense incurred by the Association in enforcing its rights. 13.14 Subordination of Lien to First Mortgages. The lien of the assessments provided herein shall be subordinate to the lien of any first Mortgage given in the first instance to a bank, savings and loan association, insurance company or other institutional lender; and the holder of such Mortgage or purchaser who comes into possession of or becomes the Owner of a Lot by virtue of the foreclosure of such first Mortgage or the exercise of a power of sale under such first Mortgage, or by deed in lieu of foreclosure, shall take free of such assessment lien as to any assessment installment which accrues or becomes due prior to the time such holder or purchaser comes into possession or ownership of such Lot; provided, that to the extent there are any proceeds of the sale on foreclosure of such first Mortgage or by exercise of such power of sale in excess of all amounts necessary to satisfy all indebtedness secured by and owed to the holder of such first Mortgage, the lien shall apply to such excess. No sale or transfer of a Lot in connection with any foreclosure of a first Mortgage shall relieve any Lot from the lien of any assessment installment thereafter becoming due. 13.15 No Abatement. No diminution or abatement of any assessments under the Declaration shall be claimed or allowed for inconvenience, annoyance or discomfort arising from (a) any construction (or lack of construction) within the Development; (b) the making of (or failure to make) any repairs or improvements to or the maintenance of any Common Areas of the Development, or any part thereof; or (c) from any action taken to comply with the provision of the Declaration or with the laws, ordinances, regulations, rules, or orders of any governmental authority. ARTICLE XIV MISCELLANEOUS 14.01 Notices. Any notice required or permitted to be given to any Owner under the provisions of this Declaration shall be deemed to have been properly furnished if delivered or mailed, postage prepaid, to the person named as the Owner at the latest as d a) Q 24 Page 122 of 144 14.04 Declarant's Rights Assignable. All or any portion of the rights of Declarant under this Declaration or in any way relating to the Property may be assigned. 14.05 Interpretation. The captions which precede the Articles and Sections of this Declaration are for convenience only and shall in no way affect the manner in which any provision hereof is construed. Whenever the context so requires, the singular shall include the plural, the plural shall include the singular, and any gender shall include both other genders. The invalidity or unenforceability of any portion of this Declaration shall not affect the validity or enforceability of the remainder hereof, which shall remain in full force and effect. The laws of the State of Utah shall govern the validity, construction, and enforcement of this Declaration. 14.06 Condemnation. If at any time or times an insubstantial or minor part of the Common Areas or any part thereof shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be payable to the Association and shall be used by the Association to the extent necessary for restoring or replacing any improvements on the remainder of the Common Areas. In the event of any other taking or condemnation, the interests of the Association, the Owners and Mortgagees shall be as they may appear. 14.07 Covenants to Run with Land. This Declaration and all the provisions hereof shall constitute covenants to run with the land or equitable servitudes, as the case may be, an shall be binding upon and shall inure to the benefit of Declarant, all parties who heretofore acquired or hereafter acquire any interest in a Lot, their respective grantees, transferees, heirs, devisees, personal representatives, successors, and assigns. Each Owner or occupant of a Lot or Unit shall comply with, and all interests in all Lots or in the Common Areas shall be subject to, the terms of this Declaration and the provisions of any rules, regulations, agreements, instruments, and determinations contemplated by this Declaration. By acquiring any interest in a Lot or Unit, the party acquiring such interest consents to, and agrees to be bound by, each and every provision of this Declaration. 14.08 Enforcement of Restrictions. The following persons shall have the right to exercise or seek any remedy at law or in equity to interpret, to enforce compliance with, or to obtain redress for violation of this Declaration: (a) Any Owner; (b) The Association; or (c) Any Mortgagee. The prevailing party in an action for the interpretation of, the enforcement of or to obtain redress for violation of any provisions of this Declaration shall be entitled to collect court costs and reasonable attorney's fees. cv d a) Q 26 Page 123 of 144 14.09 Duration. This Declaration shall remain in effect until such time as there is recorded in Grand County, Utah, an instrument of termination which is executed by all of the parties required by Section 14.02 hereof, plus the Mortgagee of each and every Lot. 14.10 Effective Date. This Declaration, any amendment or supplement hereto, and any amendment or supplement to the Plat shall take effect upon its being filed for record in the Office of the County Recorder of Grand County, Utah. EXECUTED by Declarant on the day and year first above written. SNOW HOUND MOAB, LLC By: Name: Chad Clifford Title: Managing Member STATE OF UTAH COUNTY OF GRAND On this day of , 2013, personally appeared before me Chad Clifford who, being by me duly sworn, did say that he is the managing member of Snow Hound Moab, LLC, a Utah limited liability company, that said instrument was signed by him in behalf of said company pursuant to authority, and that said company executed the same. NOTARY PUBLIC as a d a) Q 27 Page 124 of 144 r / AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2°14 Agenda Item #: 7-2 fa Y Off' M AB Title: Approval of the Agreement between the Utah State Division of Water Rights and the City of Moab Fiscal Impact: This agreement entails the payment of $20,000 annually for three years. These funds have been budgeted for in the Water and Sewer Impact Fee Fund Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: The City has been working with the State of Utah Division of Water rights and other agencies to jointly fund a regional water study. The cooperative agreement provides for the funding of the study over a three year period. The study will be conducted by the USGS. Other contributing agencies include Grand County, Grand Water and Sewer Service Agency, USGS and the Division of Water Rights. There may be other contributors as well. The City of Moab has budgeted for this expense in the current year budget, utilizing Water Impact Fee funds. Options: The City Council may approve, deny or postpone the item. Staff Recommendation: City staff recommends approval of the proposed lease with Community Rebuilds. Recommended Motion: "I move to approve item #7-2." Attachment(s): Cooperative Agreement J Agenda Page 125 of 144 Resolution #37-2014 A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF WATER RIGHTS AND THE CITY OF MOAB WHEREAS, the City has determined that it is in the best interest of the community to enter into a cooperative agreement with the State of Utah Division of Water rights to study the ground water system in Moab and Spanish Valley; and WHEREAS, the attached cooperative agreement provides for the funding and coordination of such a study; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE COOPERATIVE AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 23rd day of September, 2014. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Agend °^-^lution #37-2014 Page 1 of 1 a Page 126 of 144 COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF WATER RIGHTS AND THE CITY OF MOAB WHEREAS, the Utah Division of Water Rights, hereinafter referred to as DWRi, has the statutory responsibility to administer appropriation and distribution of waters of the State of Utah, pursuant to Section 73 of the Utah Code Annotated 1953, as amended. WHEREAS, the City of Moab, is a public governing body that regulates and provides direction for decisions that affect the use and development of land within the city boundaries. WHEREAS, Section 73-2-15 of the Utah Code Annotated 1953, as amended, authorizes the State Engineer to enter into cooperative agreements for investigation of underground water resources of the state. THEREFORE, the DWRi and the City of Moab hereby enter into the following agreement: 1. The parties shall conduct a cooperative project to develop a study of the groundwater system of Moab - Spanish Valley, Utah. The primary purpose of the study is to (1) refine estimates of selected groundwater recharge and discharge budget components; and (2) improve the conceptual understanding of the aquifer system and hydraulic connection between Glen Canyon Group formations and the valley -fill aquifer within and adjacent to Moab - Spanish Valley. The study is more particularly described in Exhibit A, attached hereto. 2. The City of Moab agrees to provide funding for the project in an amount not to exceed $60,000, payable in annual payments of $20,000 for a period of three years. Payments will be due after July 1 of each year, with payments beginning in 2015 and ending in 2017. The City of Moab will pay DWRi within 30 days of receipt of an invoice from DWRi. 3. DWRi agrees to contribute and/or obtain additional monies required for the project, account for and manage expenditure of the funds consistent with the proposal, and coordinate the completion of the project with the United States Geological Survey. Agenda Page 127 of 144 Director Date Utah Division of Water Rights Budget Officer (Availability of Funds) Date Utah Division of Water Rights Executive Director Date Utah Department of Natural Resources David L. Sakrison, Mayor Date City of Moab, Utah Attest: Rachel E. Stenta, City Recorder Date City of Moab Agenda Page 128 of 144 Moab -Spanish Valley Groundwater Investigation: Water Budget and Conceptual Model Improvement Background Future growth in Moab -Spanish Valley (fig. 1) and surrounding areas is dependent on adequate water resources. With surface waters fully appropriated, this need must be met by additional groundwater use. Water -rights requests, such as the recent request of 5,000 acre-ft/yr by the San Juan Spanish Valley Special Service District (SJSV-SSD), illustrate this trend. The two principle aquifers are the Glen Canyon Group (including the Navajo Sandstone, the Kayenta Formation, and the Wingate Sandstone) and the valley -fill aquifer (Sumsion, 1971; Weir and others, 1983; Lowe and others, 2007). There have been no regional efforts to refine the major groundwater budget components since the 1970s (Sumsion,1971; Blanchard, 1990). With an arid climate and limited recharge, further study is needed to better understand the groundwater system and its boundaries, along with improved estimates of the most important budget components. This information will be useful to local and state water managers in evaluating how much additional development can be sustained by the aquifer system. Objectives The objectives of the proposed study are to (1) refine estimates of selected groundwater recharge and discharge budget components; and (2) improve the conceptual understanding of the aquifer system and hydraulic connection between the Glen Canyon Group formations and the valley -fill aquifer within and adjacent to Spanish Valley. Approach The following tasks are listed in order of priority: Task 1: Develop new estimates of groundwater recharge: Previous estimates of recharge as infiltration of precipitation to the combined valley -fill and Glen Canyon Group aquifers in Moab -Spanish Valley are all about 14,000 acre-ft/yr (Sumsion, 1971; Eychaner, 1977; Downs and Kovacs, 2000; Lowe and others, 2007). The spatial distribution of this recharge will be evaluated using a scaled approach, beginning with (a) a regional net infiltration map for the entire study area based on the USGS Basin Characterization Model (BCM; Flint and Flint, 2007), (b) followed with a detailed map for parts of the study area with exposed eolian sandstone (fig. 2) using recharge estimation techniques developed for the Navajo Sandstone of southwestern Utah (Heilweil and McKinney, 2007; Heilweil and others, 2007), and (c) another detailed map showing areas of focused infiltration to the valley fill. This will build upon previous recharge mapping efforts within the study area (Steiger and Susong, 1997). • The regional net infiltration map will be based on a recently updated version of the BCM. If possible, the net infiltration rates will be adjusted based on calibration to base flow and runoff from historical USGS stream gage records within the study area. This technique provides estimates of both direct infiltration and runoff generation for each model cell. A fraction of runoff will subsequently be mapped as focused infiltration to the valley fill (see below). • The eolian sandstone infiltration map will be based on the conceptual understanding that this formation can have much higher infiltration rates than unconsolidated sediments in similar climates. This map will utilize recently refined NRCS soils maps (National Resources Conservation Service, 2014) to estimate spatial variability of recharge. Two boreholes will be drilled in the Navajo Sandstone to collect vadose zone samples to calibrate the method. The boreholes will be located in areas of estimated high and low recharge. Pore water will be extracted from sandstone cores and will be analyzed for tritium and chloride concentrations and results will be used to estimate recharge rates. • The valley -fill infiltration map will include focused recharge from stream losses (a fraction of the runoff generatedby the BCM and confirmed by seepage studies), seepage from Ken's Lake, and seepage of unconsumed irrigation water. Agenda Page 129 of 144 Task 2: Estimation of spring discharge: While sporadic spring discharge data is available from various agencies (e.g. Grand Water and Sewer Service Agency, 2014), there has been no coordinated effort to measure spring discharge throughout the study area at the same point in time and, thus, there is no previously published estimate of spring discharge for the study area. The USGS only has 16 springs within Moab -Spanish Valley with discharge records in its database, although anecdotal information suggests there are many more springs within the study area. It is recognized that this is a challenging task and its success partly depends upon coordination with private land owners to access their springs. In addition to spring inventorying, an effort will be made to measure or estimate diffuse seepage from the base of the Glen Canyon Group aquifer along the Colorado River corridor between Moab -Spanish and Castle Valleys. This task will be conducted in coordination with the subsequent task ("Groundwater chemistry and dating"). Task 3: Stream seepage studies: This effort will be focused on estimating groundwater recharge and discharge along losing and gaining reaches of Pack Creek, Mill Creek, and Negro Bill Creek. Field work will be conducted during cool -season baseflow conditions, when evapotranspiration is minimal. Task 4: Estimation of well withdrawals: While well withdrawals for municipal water use was estimated to be 1,800-2,300 acre-ft/yr for Moab City and 800-1,300 acre-ft/yr for Grand County Conservancy District for 2010 (http://www.waterrights.utah.gov/cgi-bin/wuseview.exe, accessed on October 12, 2011) , there has not been a comprehensive assessment of total well withdrawals for Moab -Spanish Valley and surrounding areas. This task will include: • Calculations to estimate domestic well use based on a per -capita water use approach. • An inventory of private agricultural irrigation well withdrawals (rating wells and obtaining electrical records). • Contacting local municipalities to verify reported water use (municipal and industrial) from well withdrawals. Task 5: Estimation of evapotranspiration: Previous studies indicate between 2,200 and 3,700 acre-ft/yr of evapotranspiration from Matheson Wetland (Sumsion, 1971; Eychaner, 1977; Gardner, 2004). Anecdotal information provided by The Nature Conservancy indicates that in the past 15 years, however, the wetland has largely dried up (no standing water) and undergone a significant change in vegetation (Sue Bellagama, personal commun., February 14, 2014). A vegetation mapping/coefficient approach will be used for updating the estimate of evapotranspiration in the Matheson Wetland. In addition, any groundwater evapotranspiration along Pack Creek and Mill Creek will also be investigated. Task 6: Discharge at the lower end of Moab -Spanish Valley to the Colorado River: While Sumsion (1971) estimated a Darcian discharge of 8,000 acre-ft/yr, more recent unpublished work by Gardner (2004 University of Utah Master's Thesis) using a series of shallow piezometers in the Matheson Wetland indicated a much thinner freshwater lens, resulting in a much reduced range of 110 to 1,500 acre-ft/yr. Wells drilled by Gardener will be revisited and redrilled as necessary to determine current water levels and collect water samples in the wetlands and measure depth of the brine in the subsurface. Wells used by Gardner (2004) are shown in figure 3. With this new data, the groundwater flux to the Colorado River will be recalculated and compared to previous estimatesUSGS will work with cooperators to contract drilling services to minimize costs. Task 7: Definition of groundwater divides: Accurately defining these boundaries is critical for both the groundwater budget estimates and conceptual understanding of the aquifer system. • Southern boundary between Pack Creek and Kane Creek surface -water drainages: The bedrock geology in this area is very complicated, yet it is important to understand the hydrogeology and hydraulic connectivity for follow-up impact assessments of additional groundwater development in and around Spanish Valley, such as the SJSV-SSD water rights permit requests of up to 5,000 ac-ft/yr (Utah Division of Water Rights, 2014). This task would use available geology maps and reports (Doelling, 2004) to evaluate hydrogeologic units and hydraulic connectivity, along with spring and monitoring -well water levels to map potentiometric contours and determine the current location of the groundwater divide between Spanish Valley and Kane Creek. Agenda Page 130 of 144 " N o r t h e r n b o u n d a r y b e t w e e n M i l l C r e e k a n d N e g r o B i l l C a n y o n s u r f a c e - w a t e r d r a i n a g e s : B e c a u s e t h e m a j o r i t y o f r e c h a r g e t o t h e a q u i f e r s y s t e m i s a s s u m e d t o o c c u r a s i n f i l t r a t i o n o f p r e c i p i t a t i o n a l o n g t h e e x p o s e d s a n d s t o n e b e t w e e n M o a b - S p a n i s h a n d C a s t l e V a l l e y s , d e l i n e a t i n g t h i s b o u n d a r y i s c r i t i c a l f o r g r o u n d w a t e r b u d g e t e s t i m a t e s . T h e m a j o r i t y o f t h i s r e c h a r g e l i k e l y d i s c h a r g e s t o M i l l C r e e k C a n y o n , N e g r o B i l l C a n y o n , a n d a l o n g t h e C o l o r a d o R i v e r b e t w e e n t h e s e t w o d r a i n a g e s . T h e r e a r e f e w o r n o w e l l s i n t h i s a r e a f o r e v a l u a t i n g g r o u n d w a t e r l e v e l s . T h i s t a s k w i l l u t i l i z e a l t i t u d e s f r o m s p r i n g i n v e n t o r y i n g ( b e l o w ) , a l o n g w i t h e l e v a t i o n s w h e r e p e r e n n i a l s t r e a m f l o w b e g i n s i n b o t h d r a i n a g e s ( a b o u t 4 , 8 0 0 f t i n N e g r o B i l l ) , t o e v a l u a t e t h i s g r o u n d w a t e r d i v i d e , a c k n o w l e d g i n g t h a t g r o u n d w a t e r m a y m i g r a t e a w a y f r o m S p a n i s h V a l l e y i f p u m p i n g f r o m t h e G l e n C a n y o n G r o u p a q u i f e r s y s t e m i s i n c r e a s e d . T a s k 8 : G r o u n d w a t e r c h e m i s t r y a n d d a t i n g h a v e a l r e a d y b e e n u s e d t o a l i m i t e d e x t e n t i n p a r t s o f M o a b - S p a n i s h V a l l e y t o e v a l u a t e g r o u n d w a t e r p a t h w a y s a n d r e s i d e n c e t i m e s ( G a r d n e r , 2 0 0 4 ) . T h i s p r o p o s e d t a s k i s a l a r g e r r e g i o n a l e f f o r t a t u s i n g e n v i r o n m e n t a l t r a c e r s a n d o t h e r g e o c h e m i c a l t o o l s f o r g a i n i n g a b e t t e r c o n c e p t u a l u n d e r s t a n d i n g o f g r o u n d w a t e r f l o w i n a n d a r o u n d M o a b - S p a n i s h V a l l e y . S a m p l e s w i l l b e c o l l e c t e d f o r n o b l e g a s e s , t r i t i u m , s t a b l e i s o t o p e , c a r b o n - 1 4 , i n d u s t r i a l g a s e s ( C F C s , S F 6 ) , a n d m a j o r - a n d t r a c e - i o n g e o c h e m i s t r y a n a l y s e s . " T h e o b j e c t i v e s f o r s a m p l i n g b e d r o c k s p r i n g s a n d w e l l s i s t o i n v e s t i g a t e r e c h a r g e s o u r c e s a n d f l o w p a t h s , w i t h p a r t i c u l a r f o c u s o n w h e t h e r t h e m a j o r i t y o f r e c h a r g e i s o c c u r r i n g a l o n g e x p o s e d s a n d s t o n e o u t c r o p s o r a t h i g h e r e l e v a t i o n s i n t h e L a S a l M o u n t a i n s v o l c a n i c c o m p l e x . " T h e o b j e c t i v e f o r s a m p l i n g v a l l e y - f i l l s p r i n g s a n d w e l l s i n M o a b - S p a n i s h V a l l e y i s t o d i s t i n g u i s h b e t w e e n l o c a l v a l l e y - f i l l r e c h a r g e a n d m o r e - d i s t a n t b e d r o c k r e c h a r g e . T a s k 9 : R e p o r t p r e p a r a t i o n : R e s u l t s o f t h i s s t u d y w i l l b e p r e s e n t e d i n a U . S . G e o l o g i c a l S u r v e y S c i e n t i f i c I n v e s t i g a t i o n s R e p o r t . T a s k 1 0 : P r o j e c t M a n a g e m e n t : T h i s t a s k i n c l u d e s s a l a r y t i m e f o r p r o j e c t m a n a g e m e n t , i n c l u d i n g r e g u l a r l y h e l d m e e t i n g s w i t h U T D N R a n d o t h e r s t a k e h o l d e r s . F u n d i n g a n d T i m e f r a m e T h i s p r o j e c t w i l l s p a n t h r e e F e d e r a l F i s c a l Y e a r s ( 2 0 1 5 t h r o u g h 2 0 1 7 ) . T h e t o t a l c o s t o f t h e p r o p o s e d w o r k i s $ 5 3 1 , 7 0 0 a n d U S G S w i l l p r o v i d e C o o p e r a t i v e W a t e r P r o g r a m m a t c h i n g f u n d s t o c o v e r 4 0 p e r c e n t o f t h e c o s t ( $ 2 1 2 , 7 0 0 ) . T h e S t a t e o f U t a h , D i v i s i o n o f W a t e r R i g h t s w i l l c o n t r i b u t e $ 1 2 0 , 0 0 0 a n d t h e r e m a i n i n g c o s t t o l o c a l c o o p e r a t o r s i s $ 1 9 9 , 0 0 0 o s D a t a c o l l e c t i o n , a n a l y s i s , i n t e r p r e t a t i o n , a n d d o c u m e n t a t i o n ; p r o j e c t m a n a g e m e n t W e l l d r i l l i n g w e t l a n d s * V a d o s e z o n e c o r e a n d a n a l y s e s * L a b a n a l y s e s ( s o i l a n d w a t e r ) E q u i p m e n t a n d s u p p l i e s T r a v e l / v e h i c l e s R e p o r t p r o d u c t s T o t a l $ 3 4 3 , 0 0 0 $ 3 6 , 6 0 0 $ 6 4 , 4 0 0 $ 3 4 , 6 0 0 $ 7 , 1 0 0 $ 2 9 , 0 0 0 $ 1 7 , 0 0 0 $ 5 3 1 , 7 0 0 * A s s u m e s t h a t w e l l d r i l l i n g c o s t s a r e p a i d d i r e c t l y b y c o o p e r a t o r s a s i n k i n d s e r v i c e s t o r e d u c e c o s t o f d r i l l i n g . A g e n d a P a g e 1 3 1 o f 1 4 4 Schedule Task Year 1 Year 2 Year 3 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Task 1 Recharge estimate X X Task 2 Spring discharge X Task 3 Stream seepage X X Task 4 Well withdrawals X X Task 5 Evapotranspiration X Task 6 Discharge to CO R X X X Task 7 GW divides X X Task 8 GW flow paths dating X X Task 9 Data analysis /eport X X X X X X X X Task 10 Meetings/updates X X X X X X Agenda Page 132 of 144 3E"30' 109'10' GRAND COUNTY SAN JUAN COUNTY Figure I. Location of the study area, including Moab -Spanish Valley and adjacent areas. 109°15' Agenda Page 133 of 144 38°30' 10910' 109°15' GRAND COUNTY SAN JUAN COUNTY 0 10 20 Miles I I I I � I I 0 10 20 Kilometers EXPLANATION Alluvial deposits Intrusive igneous bedrock Younger bedrock Other eolian sandstones Glen Canyon Group sandstones Older bedrock Castle Creek Figure 2. Generalized geologic map of the Moab -Spanish Valley study area. Agenda Page 134 of 144 Figure 3. Monitoring wells used by Gardner (2004) in Matheson Wetlands Study and for Darcy flux calculations of groundwater flow to the Colorado River. Agenda Page 135 of 144 References Blanchard, P.J., 1990, Ground -water conditions in the Grand County area, Utah, with emphasis on the Mill Creek — Spanish Valley area: State of Utah Department of Natural Resources Technical Publication No. 100, 69 p., 2 pl. Doelling, H.H., 2004, Geologic map of the La Sal 30' x 60' quadrangle, San Juan, Wayne, and Garfield Counties, Utah, and Montrose and San Miguel Counties, Colorado: Utah Geological Survey Map 205, 2 pl., scale 1:100,000. Downs, W., and Kovacs, T., 2000, Groundwater availability in the Spanish Valley aquifer: Provo, Utah, unpublished Brigham Young University report for the Grand Water and Sewer Service Agency, 31 p• Eychaner, J.H., 1977, A digital model of ground -water flow in Spanish Valley, Grand and San Juan Counties, Utah: U.S. Geological Survey Open -File Report 77-760, 30 p. Flint, A.L., and Flint, L.E., 2007, Application of the Basin Characterization Model to estimate in -place recharge and runoff potential in the Basin and Range carbonate -rock aquifer system, White Pine County, Nevada, and adjacent areas in Nevada and Utah: U.S. Geological Survey Scientific Investigations Report 2007-5099, 20 p. Gardner, P.M., 2004, Environmental tracer investigation of groundwater conditions at the Scott M Matheson Wetland Preserve near Moab, Utah: Salt Lake City, Utah, Master's Thesis, University of Utah, 160 p. Grand Water and Sewer Service Agency, 2012 Annual Report, 13 p. Accessed online at: http://www.grandwater.org on February 10, 2014. Heilweil, V.M., and McKinney, T.S., 2007, Net -infiltration map of the Navajo Sandstone outcrop in western Washington County, Utah: U.S. Geological Survey Scientific Investigations Map 2988. Heilweil, V.M., McKinney, T.S., Zhdanov, M.S., and Watt, D.E., 2007, Controls on the variability of net infiltration to desert sandstone: Water Resources Research v. 43, W07431, doi:10.1029/2006WR005113. Lowe, M., Wallace, J., Kirby, S.M., and Bishop, C.E., 2007, The hydrogeology of Moab — Spanish Valley, Grand and San Juan Counties, Utah, with emphasis on maps for water -resource management and land -use planning: Utah Geological Survey Special Study 120, 123 p. Natural Resources Conservation Service, Web Soil Survey, United States Department of Agriculture. Accessed online at http://websoilsurvey.nres.usda.gov/on February 20, 2014. Steiger, J.I., and Susong, D.D., 1997, Recharge areas and quality of ground water for the Glen Canyon and valley -fill aquifers, Spanish Valley area, Grand and San Juan Counties, Utah: U.S. Geological Survey Water -Resources Investigations Report 97-4206. Sumsion, C.T., 1971, Geology and water resources of the Spanish Valley area, Grand and San Juan Counties, Utah: State of Utah Department of Natural Resources Technical Publication No. 32, 45 p., 3 pl. Agenda 41 Page 136 of 144 Utah Division of Water Rights, Water Right Information Index Program. Accessed online at: http://www.waterrights.utah.gov/cgi-bin/wrindex.exe on February 20, 2014. Weir, J.E., Jr., Maxfield, E.B., and Hart, I.M., 1983, Reconnaissance of the geohydrology of the Moab - Monticello areas, western Paradox Basin, Grand and San Juan Counties, Utah: U.S. Geological Survey Water -Resources Investigations Report 83-4098, 59 p. Agenda Page 137 of 144 AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 23, 2°14 Agenda Item #: 7-3 and 7-4 Title: Approval of Streets Service Worker I —Mechanic and Streets Service Worker II- Mechanic/CDL Job Descriptions Fiscal Impact: This action will have no impact on the City's fiscal situation. Department: Administration/Public Works Applicant: N/A Summary: The City has been operating for many years with two mechanics in the Streets Department. We have had a structure in which there was a lead mechanic who provided supervision for the mechanic functions, overseeing a Streets Service Worker employee who performed mechanic duties. Over time, these individuals increased their skill levels and certifications, with the Streets Service Worker employee working up to the position of Streets Service Worker III -Mechanic CDL, such that we had two people in this job description with one person acting in a lead capacity. The employee in the lead position recently retired, and the other person in this job description took on the lead worker designation. Now, the City needs to hire another mechanic. The position of mechanic needs to be provided opportunities for upward mobility, starting at a Level -I and hopefully, over time, working up to a Level -III. By creating two job descriptions —Streets Service Worker !— Mechanic and Streets Service Worker II-Mechanic/CDL-- we will have the flexibility of hiring the new employee at Level -I or the Level -II, depending on the person's qualifications. These two job descriptions will also allow a given employee to advance through the "series" as they gain more experience, qualifications and certifications. The differences between the two job descriptions have to do with knowledge, experience and certifications. Options: The City Council may approve, deny or postpone this item. 1 Staff Recommendation: Staff recommends approval of the two job descriptions. Recommended Motion: "I move to approve (insert title of agenda item)." Attachment(s): Job Descriptions Agenda Page 138 of 144 Class Title: Streets Service Worker I -Mechanic Department: Public Works Division: Streets GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: 7 Date Revised; 9-23-14 Performs a variety of skilled maintenance and repair on a wide variety of equipment; Performs semi -skilled labor, repair and maintenance work for other Streets Department functions. REPORTING RELATIONSHIPS Supervision Received: The Streets Service Worker I -Mechanic works under the direct supervision of the Streets Service Worker III -Mechanic and the General Supervision of the Streets Superintendent. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Assists the Streets Service Worker III -Mechanic in performing minor and major repairs on gasoline and diesel engines, transmissions, differentials, drive units, brakes, suspension systems, chassis, front and rear -ends, cooling systems, fuel systems, instruments, electrical systems, hydraulic systems and accessory power equipment, and automated sanitation collection trucks; Assists in the rebuilding of engines, carburetors, ignition systems and other mechanical equipment; Services pumps; performs tune-ups and routine maintenance. Assists in Servicing and replaces equipment parts; Assists in the minor repair of damaged body frames; May perform welding as required to repair and rebuild parts and equipment; Assists in the maintenance and repair of hand -operated equipment. May assist in maintaining, repairing, and/or constructing streets, curbs, gutters, sidewalks, street signs, street trees, and other public facilities; May perform litter and weed removal/control; May assist in the coordination of the street sweeping program and schedule; May perform maintenance, labor and construction duties as assigned by the Streets Superintendent; May perform special projects as assigned by the Streets Superintendent; Maintains a clean and safe working environment; Portrays a positive public image and works with the public and other employees in a courteous and professional manner. Performs related duties as required. MINIMUM QUALIFICATIONS _t Service Worker I - Mechanic 09/18/14 Page 1 of 3 Page 139 of 144 Agenda A. Education and Experience 1. High school graduate or equivalent AND 2. One (1) year of specialized course work in the field of mechanics AND 3. One (1) year of experience in the repair and maintenance of automotive equipment OR 4. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Working knowledge of the design, adjustment, operation, maintenance and repair of diversified mechanical and related electrical equipment; Working knowledge of the standard practices, methods, materials and tools of the mechanical trade; Working knowledge of the hazards and safety precautions common to equipment maintenance and repair activities; Some knowledge of the use of maintenance and construction equipment. 2. Skill in the use of mechanical tools, materials and testing equipment. 3. Ability to establish and maintain effective working relationships with employees and other departments. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment must possess a valid Utah driver's license. D. Work Environment and Physical Demands The Streets Service Worker I -Mechanic normally works in a safe working environment, with occasional exposure to hazardous circumstances requiring safety precautions and equipment. The Streets Service Worker I -Mechanic may work in variable weather and traffic conditions. Tasks regularly include walking, standing, stooping, sitting, reaching, climbing and lifting. Talking, hearing and seeing are necessary for performing most essential duties. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application, interview with hiring authority. Successful completion of a pre- _t Service Worker I - Mechanic 09/18/14 Page 2 of 3 Page 140 of 144 Agenda employment drug and alcohol screen test. _t Service Worker I - Mechanic 09/18/14 Page 3 of 3 Page 141 of 144 Agenda CITY OF MOAB JOB DESCRIPTION Class Title: Streets Service Class Code: Worker II -Mechanic Pay Grade: 9 Department: Public Works Effective Date: Division: Streets Date Revised: 9-18-14 GENERAL PURPOSE Performs a variety of skilled maintenance and repair on a wide variety of equipment; performs semi -skilled labor, repair and maintenance work for other Streets Department functions. REPORTING RELATIONSHIPS Supervision Received: The Streets Service Worker II -Mechanic works under the direct supervision of the Streets Service Worker III -Mechanic and the General Supervision of the Streets Superintendent. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Assists and/or performs minor and major repairs on gasoline and diesel engines, transmissions, differentials, drive units, brakes, suspension systems, chassis, front and rear - ends, cooling systems, fuel systems, instruments, electrical systems, hydraulic systems and accessory power equipment, and automated sanitation collection trucks; Assists in the rebuilding of engines, carburetors, ignition systems and other mechanical equipment; Services pumps; Performs tune-ups and routine maintenance. Services and replaces equipment parts such as radiators, generators, distributors, brakes and clutches as required; Assists in the minor repair of damaged body frames; Performs welding as required to repair and rebuild parts and equipment. May assist in maintaining, repairing, and/or constructing streets, curbs, gutters, sidewalks, street signs, street trees, and other public facilities; May perform litter and weed removal/ control; May assist in the coordination of the street sweeping program and schedule; May perform maintenance, labor and construction duties as assigned by the Streets Superintendent; May perform special projects as assigned by the Streets Superintendent; May operate street sweeper in the maintenance and cleaning of streets according to schedule and as needed or assigned. Maintains a clean and safe working environment; Portrays a positive public image and works with the public and other employees in a courteous and professional manner. Performs related duties as required. _t Service Worker II - Mechanic 09/18/14 Page 1 of 3 Page 142 of 144 Agenda MINIMUNI QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. Two (2) years of specialized course work in the field of mechanics AND 3. Two (2) year of experience in the repair and maintenance of automotive equipment OR 4. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Working knowledge of the design, adjustment, operation, maintenance and repair of diversified mechanical and related electrical equipment; Working knowledge of the standard practices, methods, materials and tools of the mechanical trade; Working knowledge of the hazards and safety precautions common to equipment maintenance and repair activities; Some knowledge of the use of maintenance and construction equipment. 2. Skill in the use of mechanical tools, materials and testing equipment. 3. Ability to establish and maintain effective working relationships with employees and other departments. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment must possess a valid Commercial Utah driver's license. D. Work Environment and Physical Demands The Streets Service Worker II -Mechanic normally works in a safe working environment, with occasional exposure to hazardous circumstances requiring safety precautions and equipment. The Streets Service Worker II -Mechanic may work in variable weather and traffic conditions. Tasks regularly include walking, standing, stooping, sitting, reaching, climbing and lifting. Talking, hearing and seeing are necessary for performing most essential duties. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES _t Service Worker II - Mechanic 09/18/14 Page 2 of 3 Page 143 of 144 Agenda Formal application, interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. _t Service Worker II - Mechanic 09/18/14 Page 3 of 3 Page 144 of 144 Agenda