HomeMy Public PortalAboutPKT-CC-2011-02-08CITY OF MOAB
February 8, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Moab City Council
Master Meeting Calendar*
February
2011
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February 2011
M T W T F
March 2011
S S M T W T F S
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Moab City Visioning
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Moab Oty Recorder's Office
1
2/4/2011 3:32 PM
*Meeting end times are approximations only
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
Moab City Council
Master Meeting Calendar*
March 2011
March 2°"
S M T W T F
Apr" 2°"
S S M T W
T F S
13
20
27
1 2 3 4
6 7 8 9 10 11
14 15 16 17 18
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Feb 27
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5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
6
7
8
9
10
11
12
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6:00pm 7:00pm
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GCAB
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3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
6:30pm 9:00pm Moab CC
13
14
15
16
17
18
19
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
5:00pm
6:00pm
6:30pm
7:00pm
6:30pm GCLB
7:00pm GCSDBE
8:30pm CVTC
7:30pm GCRSSD
20
21
22
23
24
25
26
12:00pm 12:30pm M I FJi
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
5:30pm
6:30pm
6:30pm MATCAB
8:00pm Moab PC
6:30pm 9:00pm Moab CC
27
28
29
30
31
Apr
2
Moab Oty Recorder's Office
2
2/4/2011 3:32 PM
*Meeting end times are approximations only
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
2nd Tuesday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
4th Wednesday
GCLB
Grand County Library Board
257 East Center Street
2nd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
2nd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Tuesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, February 8, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 January 25, 2011
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS
4-1 Presentation of the Mayor's Student Citizenship of the Month Award for
February 2011 for Helen M. Knight School
4-2 Presentation by the Grand County School District regarding Legislative Issues
and Local Support (Superintendent Margaret Hopkin, Board Member Jim
Webster)
SECTION 5: PUBLIC HEARING
5-1 Proposed Ordinance #2011-03 — An Ordinance Vacating in Part the Planned
Unit Development Plat for the Portal Park Subdivision P.U.D. and Rezoning
Portion of the Subject Property to the R-4 Zoning Designation
5-2 Proposed Resolution #02-2011— A Resolution of the City of Moab Amending
the Fiscal Year 2010-2011 Annual Budget
SECTION 6: NEW BUSINESS
6-1 Approval of a Request for an Amplified Music Event at Old City Park by the
Moab Music Festival, to be held on September 4 and 5, 2011
6-2 Approval of a Solicitor License for T.J. Cartwright, d.b.a. Kelly's Insulation to
conduct an Insulation business
6-3 Approval of a Special Events Business License for Moab Half Marathon to
Conduct the Canyonlands Half Marathon on March 15 to 19, 2011
6-4 Approval of a Request for Use of Swanny City Park by Canyonlands Half
Marathon on March 18 to 19, 2011
6-5 Approval of a Request for a Fee Waiver of Gym Rental Fees by Canyonlands
Half Marathon in an Amount Not to Exceed
6-6 Approval of Proposed Resolution #05-2011— A Resolution Supporting Utah's
Adoption of the 2009 International Energy Conservation Code for Utah
Homes
6-7 Approval of a Grant Agreement by and between the City of Moab and the
State of Utah, Division of Natural Resources, Division of Forestry, Fire and
State Lands
6-8 Approval of Proposed Resolution #07-2011— A Resolution Adopting the City
of Moab Health Reimbursement Arrangement (HRA) Plan and Summary Plan
Description Documents
6-9 Approval of the Elimination of the City of Moab Flexible Benefits Plan
Election Form/Contract and Compensation Reduction Agreement
6-10 Approval of Proposed Ordinance #2011-02 — An Ordinance Amending the
City of Moab Municipal Code, Section 17.09.270, Off-street Parking and
Loading — Access to Facilities with Clarification of the Types of Acceptable
Materials for the Construction of Driveways, Parking, and Loading Areas
6-11 Approval of Proposed Ordinance #2011-01— An Ordinance Amending the
City of Moab Municipal Code, Title 17.00, Zoning and Specifically Amending
Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities
in the R-2 Zone
6-12 Approval of Amendment #2 to the Improvements Agreement by and
between the City of Moab and Moab Valley Health Care
6-13 Award of the City Center Photovoltaic System Bid
6-14 Approval of the City Center Photovoltaic System Contract
6-15 Approval of Proposed Resolution #06-2011- A Resolution Amending the Moab
Recreation And Aquatic Center Fee Structure
6-16 Approval of a Moved -on Structure for David Harriton, d.b.a. American Expedition
Vehicles located at 356 South Main Street to Conduct Display of Jeeps and Jeep
Accessories April 18 to 22, 2011
6-17 Approval of a Request by Rhonda Risenhoover for an Amplified Music Event
at Old City Park on May 21, 2011
6-18 Confirmation of Mayoral Appointment of a Representative to the
Canyonlands Health Care Special Service District
6-19 Approval of Proposed Resolution #04-2011— A Resolution Accepting the
Public Improvements Constructed in Association with Phase One of the
Subdivision Known as "the Haciendas Subdivision" and Authorizing the
Release of the Performance Guaranty Associated with Said Improvements
6-20 Approval of a Moved -on Structure Permit for City Market located at 425
South Main Street to Conduct a Garden Center from March 10 to June 30,
2011
SECTION 7: READING OF CORRESPONDENCE
SECTION 8: ADMINISTRATIVE REPORTS
SECTION 9: REPORT ON CITY/COUNTY COOPERATION
SECTION 10: MAYOR AND COUNCIL REPORTS
SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 12: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
MOAB CITY COUNCIL
SPECIAL JOINT MEETING
January 25, 2011
The Moab City Council held a Special Joint City Council/Grand County
Council Meeting on the above date in the Council Chambers of Moab
City Offices, located at 217 East Center Street, Moab, Utah.
Mayor Sakrison called the Special City Council Meeting to order at
11:50 AM. Also in attendance were City Councilmembers Gregg
Stucki, Kyle Bailey and Sarah Bauman; County Councilmembers Ken
Ballantyne, Chris Baird, Gene Ciarus and Jim Nyland; County Council
Administrator Melinda Brimhall, County Engineer Mark Wright, City
Engineer Rebecca Andrus, Community Development Director David
Olsen, Public Works Director Jeff Foster, City Manager Donna Metzler,
Deputy City Recorder Danielle Guerrero and Administrative
Analyst/Economic Development Coordinator Kenneth Davey. Seven (7)
members of the audience and media were also present.
County Engineer Mark Wright, City Engineer Rebecca Andrus and
Community Development Director David Olsen gave a presentation
regarding an Update on North Corridor Projects and Trails. Discussion
followed.
Councilmember Bailey Moved to Award the 2011 Roadway Crack
Sealant Project to Bonneville Asphalt in the amount of $28,900.00.
Councilmember Bauman seconded the motion. The motion carried 3-0
aye by roll -call -vote.
Councilmember Bailey moved to Approve the 2011 Roadway Crack
Sealant Project Contract. Councilmember Stucki seconded the motion.
The motion carried 3-0 aye.
Councilmember Bailey moved to adjourn the Special Joint Meeting.
Councilmember Stucki seconded the motion. The motion carried 3-0
aye. Mayor Sakrison adjourned the meeting at 12:40 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
Rachel Ellison
City Recorder
SPECIAL MEETING AND
ATTENDANCE
PRESENTATION AND
DISCUSSION
2011 CRACK SEAL BID
AWARDED
2011 CRACK SEAL
CONTRACT APPROVED
ADJOURNMENT
January 25, 2011 Page 1 of 1
1-1
City of Moab
Planning and Zoning Department
Correspondence
PL-II-004
January 5, 2011
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: Call for Public Hearing for the Adoption of Ordinance 2011-03, an
Ordinance Vacating a Portion of Block 4 of the Portal Vista
Planned Unit Development and Establishing Details for the
Ownership of Open Spaces and Access
Background
The City approved the Portal Park Subdivision Planned Unit Development on and an
Official Plat was recorded on April 3, 2001. Subsequently, an amended plat was
approved by Council and recorded on September 22, 2004. The City and Portal Park
LLC ("Developer" of Portal Vista PUD) entered into an Improvements Agreement ("IA")
that was dated and recorded on August 27, 2002. The IA served as a contract between
the city and the developer, Portal Park, LC, that provided for the construction of certain
improvements by the developer pursuant to the approval of the Portal Park Subdivision.
Although a bond for the improvements was required by the existing regulations, it was
never collected to cover construction of the improvements should a default occur.
It has been determined that the Developer has failed or is refusing to construct or
complete all of the improvements specified in the IA and development approvals. This
scenario constitutes a default under the IA and the conditions of approval, and the
Developer failed to fully address various issues after delivery of several written notices.
On February 23, 2010, Council declared the developer to be in default of the IAthrough
the adoption of Resolution #07-2010. This action was completed under Utah Code
Annotated (UCA) § 10-9a-608 that authorizes a municipality to institute proceedings to
vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy
upon breach by the developer. It was determined that the developer, Portal Park LC, is
in default of the now expired IA for the subdivision and by its actions and its
representatives, has no further intention of developing the property in accordance with
the recorded final plat.
In the latter part of 2007, staff was notified of the deficiencies that existed within the
developed portions of the approved Portal Vista Planned Unit Development (PUD). The
attached vacating ordinance is the culmination of many hours committed by staff since to
that time to the completion of the developed portions of the project.
Moab City Council
PL-II-004
January E 2011
Vacation of Portal Vista Block 4
Ordinance #2011-03
Page 2 of 2
The outstanding issues that faced the developer and Homeowner's Association
included:
o completing the landscaping in the open spaces,
o providing a means to direct the storm water through the entry and Parcel B of the
development,
o weed and trash removal/maintenance of open space parcels toward the south
end of the property,
o removal of a storage shed that was constructed during various phases of
construction, construction of a trail through Parcel C, and
o the dedication of open spaces as a conservation easement.
Removal of the storage shed was completed by the developer sometime in 2008.
Parcels A-H as well as the private street shown on the first amended plat were conveyed
to the Portal Vista Homeowner's Association on February 26, 2010.
Mr. Tom Shellenberger of Portal Park LC last summer initiated a project to correct the
storm water issue at the north entryway of the development. City Public Works provided
enough pipe to convey storm water into an infiltrator that was originally installed as a
portion of the subterranean drainage system. Mr. Shellenberger dug the trench and
installed the pipe. Focus has centered on this pipe because no inspections were
conducted during the installation process. Pictures of the current state of the project are
attached.
Correspondence with the developer that is associated with resolving the issues has
been included for Council's review as well as more recent pictures by staff showing the
condition of the interceptor pipe that accesses the first infiltrator.
Also, since Council's last review of this issue ongoing correspondence has been
occurring and several meetings have taken place between staff and the Homeowner's
Association. These have focused on the identified issues including the plat configuration,
storm drainage, and landscaping. City staff members are of the opinion that the new
revision of the plat with the plat notes, address the HOA's concerns and protect the city's
interests. The City Attorney has been involved in many of these conversations and has
thoroughly reviewed the issues as well as staff's approach to resolve them.
Process and Authority
In accordance with UCA 10-9a-609, the City may approve the vacation, alteration, or
amendment by signing a plat showing the vacation, alteration, or amendment if no public
street, right-of-way, or easement has been vacated or altered. The street shown on the
plat is a private access into the undeveloped portion of the property.
Also in accordance with UCA 10-9a-609.5, a public hearing (in accordance with Section
10-9a-208) is required to be held only if a plat amendment contains a vacation of some
or all of a public street, right-of-way, or easement. This extra step taken by Council will
provide citizens and the developer a vehicle to voice their concerns.
The attached amended plat that will vacate a portion of the undeveloped Block 4 will
serve as the Exhibit "A" noted in the ordinance. In addition, the attached plat notes will
5-1
Moab City Council
PL-II-004
January 6, 2011
Vacation of Portal Vista Block 4
Ordinance #2011-03
appear on the final version of the exhibit. These notes were developed with input from
the city attorney and the Portal Vista Home Owners Association
Alternatives
In its action, Council can:
1) Approve Ordinance #2011-03 as recommended by the Planning Commission;
2) Approve Ordinance #2011-03 with any changes necessary to address concerns;
3) Vote to not approve the ordinance;
4) Table the ordinance in order to satisfy needs for additional information.
p:\planning department\2011\correspondence \pI-II-004 portal vista to cc.docx
Page 2 of 2
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DRAFT
ORDINANCE # 2011-03
AN ORDINANCE VACATING IN PART THE PLANNED UNIT
DEVELOPMENT PLAT FOR THE PORTAL PARK SUBDIVISION
P.U.D. AND REZONING PORTIONS OF THE SUBJECT PROPERTY TO THE
R-4 ZONING DESIGNATION
WHEREAS, the City of Moab approved the Portal Park Subdivision Planned Unit
Development and an Official Plat was recorded on April 3, 2001 at Book 560, Page 169
("Plat") of the Grand County land records, and an Amended Plat was recorded on
September 22, 2004 at Book 632, Page 47 ("Amended Plat");
WHEREAS, the City of Moab and Portal Park LLC ("Developer") entered into an
Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page
228, et seq. of the Grand County land records, and providing for the construction of
certain improvements pursuant to the approval of the Portal Park Subdivision;
WHEREAS, the Developer has failed or refused to construct or complete all of the
improvements specified in the IA and development approvals, constituting a default
under the IA and the conditions of approval, and has failed to cure same after delivery of
written notice;
WHEREAS, Resolution #07-2010, approved by the City Council on February 23, 2010,
declared the developer to be in default of said Subdivision Improvements Agreement; and
WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to
vacate a subdivision plat, and the IA specifically authorizes plat vacation as a remedy
upon breach by the Developer;
WHEREAS, in accordance with UCA 10-9a-609, the City may approve the vacation,
alteration, or amendment by signing a plat showing the vacation, alteration, or
amendment if no public street, right-of-way, or easement has been vacated or altered; and
WHEREAS, in accordance with UCA 10-9a-609.5, a public hearing in accordance with
Section 10-9a-208 is required to be held only if a plat amendment contains a vacation of
some or all of a public street, right-of-way, or easement; and,
WHEREAS, the City has determined that the developer, Portal Park LC, is in default of
the expired Improvements Agreement for the subdivision and by its actions and its
representatives, has no further intention of developing the property in accordance with
the recorded final plat; and
WHEREAS, Council has determined that it is not in the best interests of the city to have
substandard or incomplete development remain when a guaranteed improvements bond
or current Subdivision Improvements Agreement is not in effect; and,
5-1
DRAFT
WHEREAS, the City has provided notice to all interested parties, received the
recommendations of City Staff and testimony of those in attendance at a public hearing
held on January _, 2011, and is fully advised; and
WHEREAS, the City finds that the public interest will be served by the vacation of the
plat as specified herein, and that no party will be unfairly prejudiced.
THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS:
1. The City hereby vacates in part, the final plat for Portal Vista Planned Unit
Development, Amended". The undeveloped portion of said plat shall be vacated
as denoted on the amended plat (Exhibit A). Additionally, the following plat notes
shall appear on the amended plat:
a) This plat vacation is the result of a declaration of default of the Subdivision
Improvements Agreement for the Portal Vista Planned Unit Development (PUD)
by the Moab City Council through adoption on February 23, 2010 of Council
Resolution #07-2010.
b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association
as Open Space.
c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G,
satisfies the open space requirement for the currently developed lots in the
P.U.D.; Lots 1 and 2, Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1-
10, Block 4.
d) Any future development must meet open space requirements independently from
the satisfaction of Open Space requirements for the PUD as currently developed,
and shown on the vacated plat.
e) Parcels E, F, H shall be developed as additional improvements of the undeveloped
property occur. Any costs associated with the required landscaping or
enhancement of the open spaces, street development, or other improvements, shall
be the responsibility of the developer.
f) Parcels K, L, and J (former Lots 12, 13, and 25, respectively) are not part of an
approved development.
g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is
established via this parcel for access to Parcels E, F, H, and M.
2. The vacation (the "Vacated Tract") is described as follows:
A DESCRIPTION OF PORTIONS OF PORTAL VISTA SUBDIVISION, WITHIN THE NW1/4 NE1/4 SECTION 2,
T26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NE CORNER OF PARCEL J (FORMER LOT 25) OF PORTAL VISTA SUBDIVISION,
SAID CORNER BEARS S 89°54'00"W 1320.80 FT. ALONG THE NORTH LINE OF SECTION 2 THENCE S
00°15'32"W 818.63 FT. FROM THE NE CORNER OF SECTION 2, T 26 S, R 21 E, SLM, AND PROCEEDING
THENCE S 00°15'32"W 492.82 FT. TO A CORNER, THENCE N 89°54'23"W 330.00 FT. TO A CORNER,
THENCE N 00°15'32"E 506.26 FT. TO A CORNER, THENCE S 89°43'58"E 75.33 FT., THENCE S 00°22'02"E
49.47 FT., THENCE S 89°43'22"E 20.00 FT., THENCE N 00°22'02"E 49.44 FT., THENCE S 89°43'58"E 83.95 FT.,
THENCE ALONG THE ARC OF A 47.06 FT. RADIUS CURVE TO THE RIGHT 9.31 FT. (SAID CURVE HAS A
CHORD WHICH BEARS S 03°24'02"E 9.29 FT.), THENCE S 01°48'57"W 23.18 FT., THENCE S 89°43' 58"E
31.01 FT., THENCE N 01°48'57"E 10.76 FT., THENCE ALONG THE ARC OF A 9.50 FT. RADIUS CURVE TO
DRAFT
THE RIGHT 14.67 FT. (SAID CURVE HAS A CHORD WHICH BEARS N 46°02'29"E 13.25 FT.), THENCE S
89°43'58"E 109.94 FT. TO THE POINT OF BEGINNING AND
CONTAINING 3.76 ACRES, MORE OR LESS.
2. To clarify the extent of the plat vacation the attached amended plat referenced as
exhibit "A" is hereby approved by the Moab City Council and accepted for
recording.
3. The Improvements Agreement dated August 27, 2002, recorded at Book 586,
Page 228, et seq. of the Grand County land records, is declared to be in breach by
the adoption of Council Resolution #07-2010. The Developer, its successors, and
assigns shall have no further right or entitlement to develop in accordance with
the IA or any accompanying approvals, which shall be deemed void.
4. All prior land use approvals, plat designations, and other development
entitlements with respect to the Vacated Tract are terminated and deemed void.
The remaining lots and open space parcels, as described in the Plat and Amended
Plat, and the Amended Declaration of Covenants, Conditions and Restrictions,
dated July 19, 2001 and recorded at Book 565, Page 285-99, shall be unaffected
by this ordinance.
5. As authorized by § 6.3 of the IA, the zoning designation of the Vacated Tract
shall revert to the zoning which existed prior to the approval of the Portal Park
Planned Unit Development. The City hereby adopts the "R-4" zoning
designation, as provided in Chapter 17.45 of the Moab City Code, as the zoning
designation applicable to the Vacated Tract.
This ordinance shall take effect immediately and be recorded in the Grand County land
records. It shall continue in effect until repealed, and shall be binding upon the
Developer, its successors, and assigns.
Passed and adopted by the City Council upon the affirmative vote of a majority of
the Council on , 2011.
Signed:
Mayor David Sakrison
Attest:
Rachel Ellison, City Recorder Date
5-1
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PORTAL VISTA VACATION PLAT NOTES
a) This plat vacation is the result of a declaration of default of the Subdivision
Improvements Agreement for the Portal Vista Planned Unit Development (PUD) by the
Moab City Council through adoption on February 23, 2010 of Council Resolution #07-
2010.
b) Parcels E, F, H, are to be retained by the Portal Vista Homeowner's Association as Open
Space.
c) A large portion of Parcel H, in addition to Parcels A through D and Parcel G, satisfies the
open space requirement for the currently developed lots in the P.U.D.; Lots 1 and 2,
Block 1; Lots 1-9, Block 2; Lots 1-10 Block 3; and Lots 1-10, Block 4.
d) Any future development must meet open space requirements independently from the
satisfaction of Open Space requirements for the PUD as currently developed, and shown
on the vacated plat.
e) Parcels E, F, H shall be developed as additional improvements of the undeveloped
property occur. Any costs associated with the required landscaping or enhancement of the
open spaces, street development, or other improvements, shall be the responsibility of the
developer.
f) Parcels K, L, and J (former Lots 12, 13, and 25, respectively) are not part of an approved
development.
g) Parcel N is retained by the Portal Vista Homeowners Association. An easement is
established via this parcel for access to Parcels E, F, H, and M.
p:\planning department\subdivision vacations\portal vista pud\portal vista vacation plat notes.docx
Staff Involvement on Portal Vista PUD
2009:
July 28: Planning, Community Development, and Public Works staff members (4) investigate the storm
drainage issue with the developer. Discuss options to correct the concern.
(2.5 hrs)
August 3: Planning Staff (2) review the newly completed landscaping and to progress on construction of the
small spillway at the end of parcel C.
(1.5 hrs)
2010
July 12: Planning, Community Development, and Engineering staff (3) meet with developer to discuss
scope of project.
(1.5 hrs)
July 13: Public Works staff (2) uses sweeper truck to clean loose debris from all 6 infiltrators.
2 hrs
July 19:
July 21:
City Planner, City Engineer, and Assistant City Engineer tour the site and discussed the installed
drainage system. Pictures taken
(1.5 hrs)
City Planner and Assistant City Engineer met with developer on site to discuss the plan for the
drainage issue and inspect the property- pictures taken.
(1hr)
July 22: Meeting with staff, City Atty, and Jeff Clapp -conference call.
(2.5 hrs)
August 3: City planner and Assistant City Engineer hand auger 6" sampler holes next to two of the
infiltrators and one hole between the second and third infiltrators to ascertain elevation of gravel
filtration around infiltrators and depth of ditch.
(1.5 hrs)
August 5: City Planner investigates drainage system after heavy rain the night before. Infiltrators are dry.
Standing water is found in the newly excavated ditch for the drain extension into infiltrator 1.
(1 hr)
August 8: Working with surveyor to create a plat as specified by the HOA
(1hr)
August 13: City planner and Assistant Engineer bored 1" holes with a drill into and through the infiltrators to
determine backfilled gravel elevations Attempted to auger bottom but found gravel immediately
upon attempting to begin starter hole in soil in bottom of inlet-.5"-.75"
(2 hrs)
August 18:
August 31:
September 1:
City Planner and City Engineer visit the development during a significant rain event to
observe the functionality of the storm water system. Pictures and short videos are taken
to show that the infiltrators and the interceptor trench work well. The exception is
infiltrator 4 that is draining significantly slower than the other units. (2 hrs)
Planning Staff returns to development to see what progress has been made for pipe
installation. Pictures were taken of the open trench. (1 hr)
City Planner returns to Portal Vista and inspects infiltrator 4 for construction and
installation. (1.5 hr) It appears that the slots are not cut as thoroughly through the sides
as the other infiltrators thus providing a slower dispersal of storm water. However, it
does still drain.
September 8: City Planner inspected pipe to see progress of inatallation. Pictures taken of exposed
natural gas line and standing water from recent rain. (.75 hr)
January 6, 2010: City Planner inspected pipe to see if anything more had been accomplished prior to the
change in the weather. Pictures were taken of current snowy condition for the
installation of the interceptor pipe. The pipe was installed without benefit of inspection
of the subgrade and compaction around the pipe. Previous inspections also indicated
that the location of the perforation of the interceptor pipe through the infiltrator wall
was not sealed and had been backfilled with soil. The loose soil was spilling into the
floor of the infiltrator and could cause diminished operation or lead to total plugging of
the unit. The exposure of the pipe in the pictures taken on this day show what had been
re -excavated to expose the concreted intersection of the two pipes. Mr. Shellenberger
had requested the specifications for the installation of the pipe prior to the change in
the weather and has indicated that he will continue to complete the installation of the
pipe. (.75 hr)
p:\planning department\subdivision vacations \ haciendas \august 18.docx
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PORTAL VISTA PUD
5-1
SUMMARY OF CORRESPONDENCE
September 30, 2008
Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements
Storm drainage has not been corrected as was required by the Public Works department. The
culverts at various locations in the development are inadequately sized at six (6) inches and
should be removed and replaced with twelve (12) inch CMP's.
Trails need to be completed to the city's satisfaction. Please contact Community Development
Director, David Olsen, to discuss this issue.
Landscaping must be completed as approved by the City and in accordance with the plan on file
in the Planning Department.
Done:Temporary shed that appears to have served as storage for construction equipment and
supplies that must be removed.
Dedication of open space as a conservation easement is required. Originally shown on the plat
titled "A Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels
representing open space were noted but never dedicated with a conservation easement. On the
most recent plat of the development titled "Portal Vista Subdivision Amended Portions" and
recorded on September 22, 2004, the open space is not identified. A draft of the conservation
easement for these areas that was developed by city staff was given to you in the past.
However, if you require an additional copy please contact the City Planning Department.
Twenty (20) days of the date of this letter.
February 19, 2009
The City would like to thank you for your efforts to bring the above development into compliance
with the approved improvements. Originally, on September 30, 2008, you were sent a letter (PL-
08-219, attached) outlining the items of your subdivision that needed to be completed to conclude
your responsibilities for phases I and II of the Portal Vista development. You were given ninety
(90) days from the date of the letter to complete those listed items and at this time we would
urge you to complete the remaining items as soon as possible since the deadline has passed.
City Staff is aware that there are four remaining issues:
1. Storm water drainage. As noted in previous correspondence, culverts at various
locations in the development are inadequately sized at six (6) inches and should be
removed and replaced with twelve (12) inch CMP's. The larger twelve (12) inch culvert
was required as per the engineering plans submitted to the city and on file with the
Public Works Director, Brent Williams;
2. Trail. The meandering trail, as noted on the plat, has not been constructed at this time
and it is desirable that this path will be completed in a timely manner and with the
approval of the Community Development Director, David Olsen;
3. Landscaping. Staff members recall that the existing landscaping plan was submitted as
a part of the submittal package. You have stated that the plan is not what was agreed
upon for the development so you need to submit the plan that you feel was approved to
staff for review.
4. In the September correspondence you were given a time period of twenty (20) days from
the date of this letter to submit a new plat rededicating the open space as a conservation
easement as required. Originally shown on the plat titled "A Final Plat of Portal Vista
Subdivision" and recorded April 3, 2001, the parcels representing open space were
noted but never dedicated with a conservation easement. On the most recent plat of the
development titled "Portal Vista Subdivision Amended Portions" and recorded on
September 22, 2004, the open space is not identified. A draft of the conservation
easement for these areas that was developed by city staff was given to you in the past.
However, if you require an additional copy please contact the City Planning Department.
Also, last fall you were verbally notified of the weed violations in phase III of the
development and this issue should be taken care of as soon as possible since nothing was
done last year.
May 1, 2009
Thank you for your response to staff letter PL-09-018, copy attached, dated February 19, 2009.
This letter addresses your responses in your letter dated March 4, 2009, and serves as notice of
the violations of the Moab Municipal Code.
1. City staff does not design the drainages for the developer but will review your submittals for
this item. Submitting the plans for approval is part of the subdivision site plan requirements of
Code Chapter 16.20.030 Stormwater drainage. Because the existing construction has not been
accepted by the city, you are in violation of this code section.
"A stormwater drainage system subject to review by the city engineer and the approval of the
public works director and city planner, shall be required by the city and be the responsibility of
the project applicant. The system shall be separate and independent of the sanitary sewer system.
The plans for the drainage system shall be prepared by a licensed engineer. The costs associated
for this study shall be the sole responsibility of the project applicant. "
2. Trail system. You agreed to construct the approved trail through the second phase in the
spring, "sometime in March or April", and yet no activity has been noticed on the property. Not
completing the trail is in violation of the Improvements Agreement and puts you in violation of
Code Section 17.66.200, Default, as well as 2.1 of the Improvements Agreement.
"Developers who: (a) fail to timely complete required improvements; (b) fail to complete
construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or
(d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation
and informed of their default under the improvements agreement and guarantee. Each such
developer shall be given a reasonable period of time, not to exceed thirty days, in which to cure
any noncompliance with the improvements agreement. A developer contesting a notice of
violation may request a hearing before the city council by submitting a written request no later
than ten days from the issuance of the notice of violation. Any action to forfeit the bond or
collateral shall be stayed until completion of the hearing.
I. Default of any portion of the improvements agreement will result in the city recording an
affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from
any conveyance or transfer of platted lots, no further building permits will be issued, and a
certificate of zoning compliance will not be issued for any structures completed to that date. In
addition, the city may, at its option, complete all or a portion of the remaining improvements
required by the agreement or solicit bids for the completion of all such improvements. In such
case the city shall be entitled to recover from the developer, the surety, and the holder of the
collateral sufficient sums to cover all costs of construction, including incidental costs, and
reasonable attorney fees."
You were given ninety (90) days in which to complete the trail improvements.
3. Landscaping. City staff retrieved a copy of the recorded Improvements Agreement from the
county as agreed and the "Exhibit A" attached to the document was the final plat as referenced
in the Improvements Agreement. There is little detail on the plat, however, the Improvements
Agreement specifically states that, "Owner will develop the Property in conformity with the final
plat/plan... and all other attachments deposited with the City."
Staff has located two variations of a landscaping plan. You previously reviewed the first and
denied that it was the approved plan. The letter dated February 19, specifically requests that
you provide staff with a copy of your landscaping plan as approved by the city but nothing has
been submitted as of the date of this letter.
Staff can only assume then that a plan attached to the official record of the Planning
Commission agenda packet from July 27, 2000, is the plan approved for your development. I
have included this plan for your convenience and review. This plan shows the trail and
landscaping and all landscaping should have adhered to this approved plan. Staff has not been
able to locate any record of city approval for any completed landscaping for compliance with the
approved planned unit development. If this is an oversight on our part, we would appreciate any
documentation that you can provide.
4. Conservation agreement. For your convenience, I have attached a draft of the conservation
easement that includes a lift station as a permitted use. However, the specific location of the
station is not clear and needs to be identified in this document.
Weeds are a separate issue from the development and are required to be perpetually controlled
as required under Code Chapter 8.08.060, Weed abatement. The affected area is the proposed
undeveloped phase three of the development.
"No owner, agent, occupant or person in control of any lot within the city shall allow or
maintain weeds or rank vegetable growth which exhale unpleasant and noxious odors or
which attract insects, create fire hazards or conceal deposits of filth. Any such condition
is declared to be a nuisance and dangerous to the health of the inhabitants of the city,
and the same shall be abated in accordance with the provisions of this chapter."
In response to your final comments we appreciate your cooperation to resolve these issues for
your development. Certainly, the higher density due to the smaller lots as allowed on this
property through the Planned Unit Development allowed you to create an "affordable" and not a
"high end subdivision". I can assure you that the very minimal requirements placed on the
development and the fact that the city allowed you to continue with your project without posting
a proper performance guarantee for the improvements as required by Chapter 17.66, worked
toward your benefit as well as to the residents.
Again, please note that resolution of the issues will be best handled by contacting the
appropriate departments as elaborated in our first letter to you dated September 23, 2008. Trails
are best discussed with the Director of Community Development, David Olsen; drainage issues
with Dan Stenta, City Engineer and/or Brent Williams, Director of Public Works; weeds with the
Zoning Administrator, Sommar Johnson; and the new plat and conservation easement
agreement with planning staff.
Please be aware that the Code has specific penalties for non-compliance with the provisions for
development and for noncompliance with the improvements agreement. Some of those are
listed in the above -referenced code Chapter 17.66.200 as well as in Chapter 17.75.020,
Violation -Penalty, that reads,
"Any firm, corporation, person or persons violating any of the provisions of this
title shall be guilty of an infraction and upon conviction thereof shall be punished by a
fine of not more than five hundred dollars.
Each person, persons, firm or corporation found guilty of violation shall be deemed guilty
of a separate offense for every day during which any violation of any provision of this title is
committed, continued or permitted by such person, persons, firm or corporation, and shall be
punished as provided by this title."
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAX (435) 259-0600
September 30, 2008
Mr. Tom Shellenberger
Moab Premier Properties
9 North Main Street
Moab, Utah 84532
Dear Mr. Shellenberger,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCK!
ROB SWEETEN
P1-08.219
Reference: Portal Vista (Portal Park) Phases One and Two Development
Requirements
City Staff is aware that many of the conditions for approval of your development of
Phases One and Two of the Portal Vista Planned Unit Development have not been met.
Since it does not appear that Phase Three will be developed, it is your responsibility to
correct deficiencies and complete various elements of the outstanding requirements.
It has been identified that the storm drainage has not been corrected as was required by
the Public Works department. The culverts at various locations in the development are
inadequately sized at six (6) inches and should be removed and replaced with twelve
(12) inch CMP's.
The trails need to be completed to the city's satisfaction. Please contact Community
Development Director, David Olsen, to discuss this issue.
The landscaping must be completed as approved by the City and in accordance with the
plan on file in the Planning Department. Also, there is a temporary shed that appears to
have served as storage for construction equipment and supplies that must be removed.
These items need to be addressed and completed within ninety (90) days of the date of
this letter.
In addition, a new plat rededicating the open space as a conservation easement is
required. Originally shown on the plat titled "A Final Plat of Portal Vista Subdivision" and
recorded April 3, 2001, the parcels representing open space were noted but never
dedicated with a conservation easement. On the most recent plat of the development
titled "Portal Vista Subdivision Amended Portions" and recorded on September 22, 2004,
the open space is not identified. A draft of the conservation easement for these areas
Shellenberger
Portal Vista PUO
September 23 HOB
that was developed by city staff was given to you in the past. However, if you require an
additional copy please contact the City Planning Department.
Staff would like to encourage you to submit the plat and easement at the earliest
convenience but no later than twenty (20) days of the date of this letter.
If you have any questions, please feel free to contact the Planning Department.
Sincerely,
Jeff Reinhart, AICP
Planning Director
C: Donna Metzler, City Manager
Sommar Johnson, Zoning Administrator
Dan Stenta, City Engineer
Brent Williams, Public Works Director
David Olsen, Community Development Director
Chris McAnany, City Attorney
P:\2008\Correspondence\PL-08-219 portal vista deficiencies.doc
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
Fax (435) 259-0600
February 19, 2009
Mr. Tom Shellenberger
Moab Premier Properties
9 North Main Street
Moab, Utah 84532
Dear Mr. Shellenberger,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREYA. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
PL-09-018
Reference: Portal Vista (Portal Park) Phases One and Two Development
Requirements
The City would like to thank you for your efforts to bring the above development into
compliance with the approved improvements. Originally, on September 30, 2008, you
were sent a letter (PL-08-219, attached) outlining the items of your subdivision that needed
to be completed to conclude your responsibilities for phases I and II of the Portal Vista
development. You were given ninety (90) days from the date of the letter to complete
those listed items and at this time we would urge you to complete the remaining items as
soon as possible since the deadline has passed.
City Staff is aware that there are four remaining issues:
1. Storm water drainage. As noted in previous correspondence, culverts at various
locations in the development are inadequately sized at six (6) inches and should
be removed and replaced with twelve (12) inch CMP's. The larger twelve (12)
inch culvert was required as per the engineering plans submitted to the city and
on file with the Public Works Director, Brent Williams;
2. Trail. The meandering trail, as noted on the plat, has not been constructed at this
time and it is desirable that this path will be completed in a timely manner and
with the approval of the Community Development Director, David Olsen;
3. Landscaping. Staff members recall that the existing landscaping plan was
submitted as a part of the submittal package. You have stated that the plan is not
what was agreed upon for the development so you need to submit the plan that
you feel was approved to staff for review.
Shellenberger
Portal Vista PU0-2
February 19, 2099
4. In the September correspondence you were given a time period of twenty (20)
days from the date of this letter to submit a new plat rededicating the open space
as a conservation easement as required. Originally shown on the plat titled "A
Final Plat of Portal Vista Subdivision" and recorded April 3, 2001, the parcels
representing open space were noted but never dedicated with a conservation
easement. On the most recent plat of the development titled "Portal Vista
Subdivision Amended Portions" and recorded on September 22, 2004, the open
space is not identified. A draft of the conservation easement for these areas that
was developed by city staff was given to you in the past. However, if you require
an additional copy please contact the City Planning Department.
Also, last fall you were verbally notified of the weed violations in phase III of the
development and this issue should be taken care of as soon as possible since nothing
was done last year.
If you have any questions, please feel free to contact the Planning Department or the
appropriate staff member to arrange coordination for corrective action.
Sincerely,
qJtf
Jeff Reinhart, AICP
Planning Director
Attachment: PL-09-018
C: w/out Attachment:
Donna Metzler, City Manager
Sommar Johnson, Zoning Administrator
Dan Stenta, City Engineer
Brent Williams, Public Works Director
David Olsen, Community Development Director
Chris McAnany, City Attorney
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
May 1, 2009
Mr. Tom Shellenberger
Moab Premier Properties
9 North Main Street
Moab, Utah 84532
Dear Mr. Shellenberger,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
Reference: Portal Vista (Portal Park) Phases One and Two Development
Requirements
Thank you for your response to staff letter PL-09-018, copy attached, dated February
19, 2009. This letter addresses your responses in your letter dated March 4, 2009, and
serves as notice of the violations of the Moab Municipal Code.
1. City staff does not design the drainages for the developer but will review your
submittals for this item. Submitting the plans for approval is part of the subdivision site
plan requirements of Code Chapter 16.20.030 Stormwater drainage. Because the
existing construction has not been accepted by the city, you are in violation of this code
section.
"A stormwater drainage system subject to review by the city engineer and the approval of
the public works director and city planner, shall be required by the city and be the
responsibility of the project applicant. The system shall be separate and independent of
the sanitary sewer system. The plans for the drainage system shall be prepared by a
licensed engineer. The costs associated for this study shall be the sole responsibility of
the project applicant."
2. Trail system. You agreed to construct the approved trail through the second phase in
the spring, "sometime in March or April", and yet no activity has been noticed on the
property. Not completing the trail is in violation of the Improvements Agreement and puts
you in violation of Code Section 17.66.200, Default, as well as 2.1 of the Improvements
Agreement.
"Developers who: (a) fail to timely complete required improvements; (b) fail to complete
construction in a workmanlike manner; (c) allow mechanic's liens to attach to
improvements; or (d) otherwise fail to comply with the improvements agreement shall be
issued a notice of violation and informed of their default under the improvements
agreement and guarantee. Each such developer shall be given a reasonable period of
5-1
Tom Shellenberger
Portal Vista PIJO IB2
May I, 2009
time, not to exceed thirty days, in which to cure any noncompliance with the
improvements agreement. A developer contesting a notice of violation may request a
hearing before the city council by submitting a written request no later than ten days
from the issuance of the notice of violation. Any action to forfeit the bond or collateral
shall be stayed until completion of the hearing.
1. Default of any portion of the improvements agreement will result in the city recording
an affidavit of lapse of improvements agreement. Thereafter, the developer shall be
enjoined from any conveyance or transfer of platted lots, no further building permits will
be issued, and a certificate of zoning compliance will not be issued for any structures
completed to that date. In addition, the city may, at its option, complete all or a portion of
the remaining improvements required by the agreement or solicit bids for the completion
of all such improvements. In such case the city shall be entitled to recover from the
developer, the surety, and the holder of the collateral sufficient sums to cover all costs of
construction, including incidental costs, and reasonable attorney fees."
You were given ninety (90) days in which to complete the trail improvements.
3. Landscaping. City staff retrieved a copy of the recorded Improvements Agreement
from the county as agreed and the "Exhibit A" attached to the document was the final
plat as referenced in the Improvements Agreement. There is little detail on the plat,
however, the Improvements Agreement specifically states that, "Owner will develop the
Property in conformity with the final plat/plan... and all other attachments deposited with
the City."
Staff has located two variations of a landscaping plan. You previously reviewed the first
and denied that it was the approved plan. The letter dated February 19, specifically
requests that you provide staff with a copy of your landscaping plan as approved by the
city but nothing has been submitted as of the date of this letter.
Staff can only assume then that a plan attached to the official record of the Planning
Commission agenda packet from July 27, 2000, is the plan approved for your
development. I have included this plan for your convenience and review. This plan
shows the trail and landscaping and all landscaping should have adhered to this
approved plan. Staff has not been able to locate any record of city approval for any
completed landscaping for compliance with the approved planned unit development. If
this is an oversight on our part, we would appreciate any documentation that you can
provide.
4. Conservation agreement. For your convenience, I have attached a draft of the
conservation easement that includes a lift station as a permitted use. However, the
specific location of the station is not clear and needs to be identified in this document.
Weeds are a separate issue from the development and are required to be perpetually
controlled as required under Code Chapter 8.08.060, Weed abatement. The affected
area is the proposed undeveloped phase three of the development.
"No owner, agent, occupant or person in control of any lot within the city shall
allow or maintain weeds or rank vegetable growth which exhale unpleasant and
noxious odors or which attract insects, create fire hazards or conceal deposits of
filth. Any such condition is declared to be a nuisance and dangerous to the health
Tom Shellenberger
Portal Vista P110162
May 1, 2009
of the inhabitants of the city, and the same shall be abated in accordance with
the provisions of this chapter."
In response to your final comments we appreciate your cooperation to resolve these
issues for your development. Certainly, the higher density due to the smaller lots as
allowed on this property through the Planned Unit Development allowed you to create an
"affordable" and not a "high end subdivision". I can assure you that the very minimal
requirements placed on the development and the fact that the city allowed you to
continue with your project without posting a proper performance guarantee for the
improvements as required by Chapter 17.66, worked toward your benefit as well as to
the residents.
Again, please note that resolution of the issues will be best handled by contacting the
appropriate departments as elaborated in our first letter to you dated September 23,
2008. Trails are best discussed with the Director of Community Development, David
Olsen; drainage issues with Dan Stenta, City Engineer and/or Brent Williams, Director of
Public Works; weeds with the Zoning Administrator, Sommar Johnson; and the new plat
and conservation easement agreement with planning staff.
Please be aware that the Code has specific penalties for non-compliance with the
provisions for development and for noncompliance with the improvements agreement.
Some of those are listed in the above -referenced code Chapter 17.66.200 as well as in
Chapter 17.75.020, Violation -Penalty, that reads,
"Any firm, corporation, person or persons violating any of the provisions of
this title shall be guilty of an infraction and upon conviction thereof shall be
punished by a fine of not more than five hundred dollars.
Each person, persons, firm or corporation found guilty of violation shall be
deemed guilty of a separate offense for every day during which any violation of
any provision of this title is committed, continued or permitted by such person,
persons, firm or corporation, and shall be punished as provided by this title."
The City hopes for a rapid and unevenfful conclusion to these issues so that no further
action will be required by the City.
If you have any questions, please feel free to contact the Planning Department.
Sincerely,
Jeff Reinhart, AICP
Planning Director
C: Donna Metzler, City Manager
Sommar Johnson, Zoning Administrator
Dan Stenta, City Engineer
Brent Williams, Public Works Director
David Olsen, Community Development Director
Chris McAnany, City Attorney
P \PLANNING DEPANTMENT\2009\Correspondence \PL-09.055 portal vista 3.doc
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
August 18, 2009
Mr. Tom Shellenberger
Mr. Christoph Schork
Portal Park LLC
PO Box 92
Moab, UT 84532
Dear Mr. Shellenberger and Mr. Schork,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
The City of Moab is in receipt of your revised landscaping plan for Block 3 of the Portal Vista
Subdivision. The revised submission does not provide adequate details regarding size and
type of plantings, location of plantings, or ground cover and is insufficient to replace the plan
approved by the Moab City Council on August 27, 2002.
A revised landscaping plan submittal must include detailed landscaping plans showing the
types and sizes of all plant materials and their locations, decorative materials, recreation
equipment, special effects and sprinkler or irrigation systems. Because this is a modification
of your original Planned Unit Development approval, the plan must be reviewed by the
Planning Commission and approved by the City Council to ensure compliance with the Planned
Unit Development regulations.
A revised and detailed landscape plan must be submitted to the Moab City Planning and
Zoning Department by Friday, August 28, 2009 or the City will proceed in enforcing the plan
approved by the Moab City Council on August 27, 2002.
Sincerely,
4rai
\4(11�.
Sommar Johnson
Zoning Administrator/Planning Assistant
cc: Jeff Reinhart, Planning Director
Donna Metzler, City Manager
Brent Williams, Public Works Director
David Olsen, Community Development Director
Moab City Council
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
September 1, 2009
Mr. Tom Shellenberger
Mr. Christoph Schork
Portal Park LLC
PO Box 92
Moab, UT 84532
Dear Mr. Shellenberger and Mr. Schork,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREYA. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
The City of Moab is in receipt of your revised landscaping plan for Block 3 of the Portal Vista
Subdivision. The revised submission does not provide adequate details regarding size and
type of plantings, location of plantings, or ground cover and is insufficient to replace the plan
approved by the Moab City Council on August 27, 2002.
Although the landscaping in Block 2 was never inspected by the City to ensure conformance
with the approved plan nor did it receive written acceptance from the City releasing the
developer from further responsibility, the Homeowner's Association of Portal Vista Subdivision
has assumed maintenance responsibility for that parcel and has opted to improve the area at
their expense.
On or about July 17, 2008 an attempt was made to deliver responsibility to the Homeowner's
Association of the initial landscaping installed in Block 3 of the Portal Vista Subdivision. Again
the landscaping was not inspected by the City nor did it receive written acceptance from the
City releasing the developer from further responsibility. Since that time, additional
improvements, including the required trail, have been installed by Portal Park LLC.
Because an acceptable level of landscaping in Block 3 was never achieved and approved, the
City believes this area is still the responsibility of Portal Park LLC and as such must be
landscaped in accordance with the plan approved by Moab City Council on August 27, 2002.
The required landscaping must be installed within thirty days of the date of this letter. The
City of Moab will be in contact with the listed Planning and Landscape Design Team, Gaia
Design, to determine the size and type of landscaping and ground cover shown on the
approved. plan.
An inspection will be performed by the Zoning Administrator, Planning Director, Community
Development Director and Public Works Director on October 1, 2009 to ensure compliance
with the approved plan. If, at that time, the landscaping complies with the approved plan,
written acceptance will be issued releasing the developer from further responsibility.
Please keep in mind that additional legal action can be taken by the City if it is found that
the property is not in compliance with the Moab Municipal Code and the approved plan.
We look forward to successful completion of this project within the specified time frame.
Sincerely,
Sommar Johnson
Zoning Administrator/Planning Assistant
cc: Jeff Reinhart, Planning Director
Donna Metzler, City Manager
Brent Williams, Public Works Director
David Olsen, Community Development Director
Moab City Council
5-1
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
September 15, 2009
Mr. Tom Shellenberger
Mr. Christoph Schork
Portal Park LLC
PO Box 92
Moab, UT 84532
Dear Mr. Shellenberger and Mr. Schork,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCK!
ROB SWEETEN
PL-09-124
Additional review of our files for the Portal Vista Subdivision (Portal Park PUD) has revealed
that the Environmental Analysis as required by Code Chapter 17.66.080 and prepared by an
engineer or other qualified and experienced professional is not on file.
The city is requesting that a copy of the Environmental Analysis be submitted to the Planning
Department as soon as possible but no later than 10 days from the date of this letter.
Thank you for your attention to this matter.
Sincerely,
Jeff Reinhart, AICP
Planning Director
cc: Donna Metzler, City Manager
Sommar Johnson, Planning Assistant/Zoning Administrator
CITY OF MOAB
PLANNING DEPARTMENT
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
September 17, 2009
Mr. Roger Knight
3517 S West Temple
Salt lake City, UT 84115
Mr. Tom Shellenberger
Mr. Christoph Schork
Portal Park LLC
PO Box 92
Moab, UT 84532
Dear Sirs,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
PL-09-130
It has come to our attention that the conservation easement for the open space was not able
to be filed with the Grand County Recorder because of the legitimacy of Tom Shellenberger's
signing on behalf of Portal Park, LLC. This needs to be corrected and the appropriate
signature(s) attached to the document.
In addition, further review of our files for the Portal Vista Subdivision (Portal Park PUD) has
revealed that the stamped engineered drawings and the final approved plan is not in our files.
Please submit a copy as soon as possible so that we can update our records. The plan in
current use is marked "preliminary" and it will be helpful to refer to the final plan in the
future. The city is requesting that copies of both documents be submitted to the Planning
Department as soon as possible but no later than 10 days from the date of this letter.
Thank you for your attention to this matter.
Sincerely,
Jeff Reinhart, AICP
Planning Director
c: Donna Metzler, City Manager
Sommar Johnson, Planning Assistant/Zoning Administrator
p:\planning department\2009\correspondence\p1-09-130 portal vista plan and easement.docx
CITY OF MOAB
PLANNING DEPARTMENT
21 7 EAST CENTER STREET
MoAB, UTAH 84532-2534
(435) 259-5129
FAx (435) 259-0600
October 22, 2009
Mr. Roger Knight
3517 S West Temple
Salt lake City, UT 84115
Mr. Tom Shellenberger
Mr. Christoph Schork
Portal Park LLC
PO Box 92
Moab, UT 84532
Dear Sirs,
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
PL-09-147
Certified Mail #70031680 0002 0092 7070
On September 30, 2008, a letter was sent to Mr. Tom Shellenberger as a responsible partner in Portal
Park, LLC and the development of Portal Vista Planned Unit Development. That letter served as
notification of various deficiencies in the completion of Portal Vista PUD and established specific
deadlines for the completion of those identified inadequacies.
As you are aware, subsequent to the September letter, additional notices have been mailed to Portal
Park, LLC, and individually to Messrs. Shellenberger, Schork, and Knight in an effort to further define the
remaining deficiencies and provide time frames for the attention of the LLC to correct the outstanding
matters. These letters stated the specific code sections that had not been met as well as the possible
penalties for noncompliance.
The effect of the reluctance of the partners to individually or collectively adhere to the improvements
agreement and other approvals and areas of the Moab Municipal Code and orders by city officials has
forced the city to consider the alternative of a Declaration of Default for the development and initiate a
lapse of plat.
Upon declaration of default, the City may exercise any remedies for violation available under municipal
ordinances or Utah statutes. These remedies include but are not limited to proceeding against
performance bonds; withholding building permits or certificates of occupancy/zoning compliance; an
action to enjoin or abate zoning violations; record a lapse of plat, in whole or in part; and any other
remedies available at law or equity including specific performance or injunctive relief.
Recording a lapse of plat would result in the reversion of the zoning for the lands affected to that in
existence prior to approval of the PUD and would terminate all previous approvals and result in the
elimination of platted lots. The underlying zoning is R-4 and upon declaration of default the rules and
regulations for that zone would be in effect. Any future proposed development will be required to comply
with the code requirements for approval of an application for preliminary and final plat.
Please understand that you have a time period of not less than thirty (30) days from receipt of this letter
to cure or abate the violations. Cure within that period of time shall reinstate the Improvements
Agreement. "Cure" means completion with city approval of all outstanding items.
5-1
Page 12
To date, failure to complete the construction of all project improvements by August 1, 2004 as agreed in
Article 3.1of the Improvements Agreement includes but is not limited to the following.
• Completion of the landscaping as per the submitted and approved plan in all portions of the
development. The referenced plan is the submitted drawing titled "Portal Park P.U.D."dated June
2000, that was originally submitted with the application in a booklet titled "Portal Park, Planned
Unit Development". Mr. Shellenberger is listed under "Parties to the Planning of Portal Park PUD"
as "realtor/consultant", and should be familiar with this submitted preliminary plan that indicates
the proposed landscaping for the development. This plan must be adhered to or a new plan
submitted that has sufficient detail to meet Code Chapter 17.66.150 showing the types and sizes
of all plant materials and their locations, decorative materials, recreation equipment, special
effects, and sprinkler or irrigation systems. This change in the plan is required to be reviewed and
approved by the planning commission and the city council. As noted in previous correspondence,
the information submitted on or about August 14, 2009, does not provide sufficient detail to meet
code chapters 17.06.020, Definitions, and 17.66.150, Final plan and approval, subsection E.
The trail location should also be shown in the landscaping plan and a drawing provided that
shows a cross section of the trail construction. This trail has not been approved by the
Community Development Director as required. The plan must be submitted for approval by the
city in a timely manner so that all plantings and other portions of the landscaping can be
completed within thirty (30) days.
• The Conservation Easement has been deemed null and void as presented to the recorder's office
for Grand County. It appears that the LLC for which Mr. Shellenberger signed, no longer exists
and this issue now needs to be worked out with the Home Owners Association and must be
recorded within the thirty (30) day time period.
• While efforts to address the storm water drainage on the south end of the project appear to have
been completed, the storm water issue on the north side has not been adequately addressed. It is
obvious some effort was made in the early stages of development to mitigate storm flows with a
drop inlet and PVC drain pipe that extends to the south. Changes in elevation do not provide
adequate flow for the piped water to continue into the subterranean drain system and the
structure needs to be corrected. Stamped engineered plans must accompany the proposed
alterations for this area and submitted in a timely fashion so that the corrections can be
completed within thirty (30) days.
Basis for default is contained in the Improvements Agreement and the pertinent code sections and both
are attached for your convenience and review. As a reminder, these items must be completed within the
time frame of thirty (30) days.
Thank you for your attention to this matter.
c: (w/out attachments)
Donna Metzler, City Manager
Sommar Johnson, Planning Assistant/Zoning Administrator
Brent Williams, Public Works Director
David Olsen, Community Development Director
Chris McAnany, City Attorney
Happy Morgan, City Prosecutor
Sincerely,
9/f 2;nide7i
Jeff Reinhart, AICP
Planning Director
p:\planning department\2009\correspondence \p1-09-147 portal v status.docx
Memo To:
From:
Subject:
Discussion
City of Moab
Planning and Zoning Department
Correspondence
November 19, 2009
Honorable Mayor and Members of Council
City Staff
Update of Staff Efforts to Complete the improvements for the
Development of Portal Vista PUD
PL-09-150
Staff has been working with Portal Park, LC, the developer of Portal Vista Planned Unit
Development in an effort to correct deficiencies and complete the developed portions of
the subdivision. There have been difficulties in reaching agreements with the developer
and many of the corrective efforts have resulted in providing less than what is required
by the code or the approved site plan. Portal Park, LC is comprised of Tom
Shellenberger, Roger Knight, and Christoph Schork.
Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45
single family home sites, several areas of open space were set aside. These areas were
intended to be developed with landscaping for use by the residents and be connected by
a simple trail system. The attached plat clearly indicates the development with the
proposed undeveloped areas.
This update is a prelude to a staff request for Council to declare a default of the Portal
Vista PUD by the developer. A certified letter of notice dated October 22, 2009 (PL-09-
147), was sent to the partners of Portal Park, LLC, and received on November 3, 2009.
The letter outlines the violations of code and the resulting penalties and/or
consequences. As noted in the attached copy of the notice, the developer had ten (10)
days from receipt of the letter in which they have the opportunity to file a written request
to contest the notice of violation in a hearing before the city council. Nothing has been
received from any of the partners as of the date of this memo.
The full record of staff's on -going efforts toward compliance now consumes many pages
of text and drawings. A brief summary of the incomplete items include, storm water
issues, landscaping, and addressing the maintenance of the final undeveloped southern
portion of the approved development.
Code Chapter 17.66.200 establishes the grounds for a declaration of default and
recording of an affidavit of a lapse of the improvements agreement as well as
termination of the approval of the project.
5-1
Moab City Council
PL-D9-150
November 16, 2009
Portal Vista Default
"17.66.200 Default.
Page 2 of 2
Developers who: (a) fail to timely complete required improvements; (b) fail to complete
construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d)
otherwise fail to comply with the improvements agreement shall be issued a notice of violation and
informed of their default under the improvements agreement and guarantee. Each such developer shall
be given a reasonable period of time, not to exceed thirty days, in which to cure any noncompliance with
the improvements agreement. A developer contesting a notice of violation may request a hearing before
the city council by submitting a written request no later than ten days from the issuance of the notice of
violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing.
1. Default of any portion of the improvements agreement will result in the city recording
an affidavit of lapse of improvements agreement. Thereafter, the developer shall be
enjoined from any conveyance or transfer of platted lots, no further building permits
will be issued, and a certificate of zoning compliance will not be issued for any
structures completed to that date. In addition, the city may, at its option, complete all
or a portion of the remaining improvements required by the agreement or solicit bids
for the completion of all such improvements. In such case the city shall be entitled to
recover from the developer, the surety, and the holder of the collateral sufficient sums
to cover all costs of construction, including incidental costs, and reasonable attorney
fees.
17.66.220 Failure to comply.
In case of failure or neglect to comply with any and/or all of the conditions and regulations as
herein established, and as specifically made applicable to a planned unit development, the zoning
administrator shall not issue a certificate of zoning compliance therefore. Such failure or neglect shall be
cause for termination of the approval of the project. Such failure or neglect to comply with the
requirements and to maintain the buildings and premises in accordance with the conditions of approval
thereafter shall also be deemed a violation of this title.
(Ord. 99-06 (part), 1999: prior code § 27-23-16)"
The deadline for completion of the outstanding improvements is December 3, 2009.
p:\planning department \2009\correspondence\p1-09-150 cc updat on portal vista.docz
5-1
City of Moab
Planning and Zoning Department
Correspondence
PL-10-021
February 16, 2010
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: Approval of Council Resolution No. 07-2010 for the Default of the
Subdivision Improvements Agreement for the Remainder of Portal Vista
PUD
Discussion
Staff provided Council with an update for this issue on November 19, 2009 in
anticipation that the developer of Portal Vista PUD, would not respond to staff's
communication. At the time, staff had been attempting to work with Portal Park, LLC, the
developer of Portal Vista Planned Unit Development, in an effort to correct deficiencies
and complete the developed portions of the subdivision. There have been difficulties in
reaching agreements with the developer and many of the corrective efforts have resulted
in the developer providing less than what is required by the code or the approved site
plan. Portal Park, LLC is comprised of Tom Shellenberger, Roger Knight, and Christoph
Schork.
Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45
single family home sites, several areas of open space were set aside. These areas were
intended to be developed with landscaping for use by the residents and be connected by
a simple trail system. The attached plat shows the lot layout with the proposed
undeveloped areas and the private street system.
The development occurred from north to south with the final portion containing lots 12-25
and open space Parcels E, F, and H (D on some plats) remaining undeveloped.
The Improvements Agreement (IA) was approved on August 28, 2002, and is on file in
the County Recorder's Office (copy attached).
Issues
Currently, the developer is in default of the IA because improvements were not
completed in accordance with the agreement or the development plan. To date,
failure to complete the construction of all project improvements by August 1, 2004
as agreed in Article 3.1 of the Improvements Agreement included but was not
limited to:
Moab City Council
PL-10-021
February 17, 2010
Portal Vista PH
• Completion of the landscaping as per the submitted and approved plan in all
portions of the development.
• Appropriate construction of the trail and inspection/approval of the construction
methods used.
• Recording of a conservation easement for the open space parcels as indicated
on the approved plat.
• While efforts to address the storm water drainage on the south end of the project
appear to have been completed, the storm water issue on the north side has not
been adequately addressed. It is obvious some effort was made in the early
stages of development to mitigate storm flows with a drop inlet and PVC drain
pipe that extends to the south.
The full record of staff's communications and efforts with the developer to bring the
development into compliance with the approved documents is on file in the Planning and
Zoning Office.
The deadline for completion of the outstanding improvements was December 3, 2009.
Code Chapter 17.66.200 establishes the grounds for a declaration of default and
recording of an affidavit of a lapse of the improvements agreement as well as
termination of the approval of the project.
Recommendation
Council's adoption of Resolution No. 07-2010 will bring the city, the developer, and the
property owners a step closer to concluding the lingering issues. Staff recommends that
Council approve the resolution that will serve as the declaration of default that will
establish the next step in dealing with the plat.
p:\planning department\2010\correspondence\pi-10-021 cc portal vista default declare memo.docx
Page 2 of 2
5-1
17.66.100 Preliminary documents.
The following documents shall be submitted along with the preliminary plan:
A. Proposed declaration of management policies, covenants and restrictions setting forth the
responsibilities and duties of the owners, renters or occupants within the planned unit
development;
B. In the event that the development is to be divided into two or more ownerships, the document
must provide for adequate control and maintenance of all phases of the development;
C. An agreement between the petitioners and the city stating among other things:
1. That in the event of failure or neglect on the part of the owners, successors or assigns to
maintain the water and sewerage facilities, common areas, landscaping and other improvements
in good condition, the city may perform the necessary work and may enter upon the land and do
the work and charge the cost thereof, including reasonable attorneys fees, to the owners or their
successors or assigns,
2. That the owners, successors or assigns will reimburse the city for all costs which the city
incurs in performing the necessary work,
3. That the petitioner will construct and maintain the project in accordance with approved plans
and in accordance with city standards,
4. That the terms of the contract shall be binding upon the heirs, assigns, receivers and
successors of the project for the life of the project or buildings, and
5. Any other conditions that the planning commission deems to be reasonably necessary to carry
out the intent of this title. (Ord. 99-06 (part), 1999: prior cod
17.66.150 Final plan and approval.
After the preliminary plan has been approved by the city council, the petitioner shall submit five
prints of a final plan to the planning commission through the zoning administrator for approval
thereof, showing in detail the following information:
A. All of the information required for submission with preliminary development plans;
B. Tabulations of all dwelling units to be constructed by types and number of bedrooms per unit;
C. Detailed site plan with complete dimensions showing precise locations of all buildings and
structures, lot or parcel sizes and locations, designations of common open spaces and special use
areas, detailed circulation pattern including proposed ownership;
D. Preliminary building plans, including floor plans and exterior elevations;
E. Detailed landscaping plans showing the types and sizes of all plant materials and their
locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation
systems;
F. Dimensioned parking layout showing location of individual parking stalls and all areas of
ingress or egress;
G. Detailed engineering plans and final subdivision plat showing site grading, street
improvements, drainage and public utility locations. Also, submission of the engineering
feasibility studies if required by the zoning administrator;
H. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required
by the zoning administrator and/or the city attorney;
I. A certificate of title showing the ownership of the land;
J. A certificate of acceptance by the city council for any dedication of public streets and other
public areas, if any, that are made by the owners;
K. A certificate of accuracy by an engineer or land surveyor registered to practice in the state;
and
L. Approval from the planning commission.
17.66.180 Performance guarantee.
A. Adequate guarantees shall be provided for permanent retention of the open space area as
follows:
1. The city shall require the petitioner to furnish and record protective covenants, which will
guarantee the retention of the open land area. The city shall also require the creation of a
corporation granting beneficial rights to the open space to all owners or occupants of land within
the development.
2. The petitioner shall be required to develop and maintain all open space, unless part of or all of
it is contiguous to and is made a part of an existing park.
3. In the case of private reservation, the open space to be reserved shall be protected against
subsequent building development by conveying to the city as part of the condition for project
approval, an open space easement over such open areas, restricting the area against future
building or use, except as approved on the final development plan.
4. The care and maintenance of such open space reservation shall be ensured by the petitioner by
establishing a private association or corporation responsible for such maintenance which shall
levy the cost thereof and an assessment of the property owners within the planned unit
development. Ownership and tax liability of private open space reservations shall be established
in a manner acceptable to the city and made a part of the conditions of the final plan approval.
B. The applicant (owner) of any planned unit development which is being developed as a
condominium project under the provisions of the Condominium Ownership Act of Utah, or
subsequent amendments thereto, shall, prior to the conveyance of any unit, submit to the zoning
administrator a master deed consisting of a declaration of covenants, conditions and restrictions
relating to the project, which shall become part of the final development plan and shall be
recorded to run with the land. Such master deed shall include management policies which shall
set forth the quality of maintenance that will be performed, and who is to be responsible for such
maintenance within such condominium development. The document shall, as a minimum,
contain the following:
1. The establishment of a private association or corporation responsible for all maintenance,
which shall levy the cost thereof as an assessment to each unit owner within the condominium
development;
2. The establishment of a management committee with provisions setting forth the number of
persons constituting the committee, the method of selection and the powers and duties of such
committee;
3. The method of calling a meeting of the members of the corporation or association, with the
members thereof that will constitute a quorum authorized to transact business;
4. The method proposed for maintenance, repair and replacement of common areas and facilities,
and distribution of costs therefor;
5. The manner of collection from unit owners for their share of common expenses, and the
method of assessment;
6. Provisions as to percentage of votes by unit owners which shall be necessary to determine
whether to rebuild, repair, restore or sell property in the event of damage or destruction of all or
part of the project; and
7. The method by which the declaration may be amended. The declaration required herein, any
amendment and any instrument affecting the property or any unit therein shall be approved by
the planning commission and recorded with the city recorder. Neither the declaration nor any
amendment thereto shall be valid until approved and recorded. The declaration and amendments
thereto shall be maintained as part of the final development plan for the planned unit
development.
C. In order to ensure that the planned unit development will be constructed to completion in
accordance with approved plans, the petitioner shall post a bond or mortgage or other valuable
assurance acceptable to the city council in the form of a surety bond, letter of credit, cash escrow,
first deed of trust, or similar collateral in an amount equal to one hundred twenty-five percent of
the estimated cost of all required landscaping, road improvements, pedestrian ways, curbs and
gutters, hard -surfacing, water and sewer lines and domestic sewage disposal facilities and
common facilities as shown on the final plat/plan. city staff shall verify the correct amount of the
bond based upon review of the cost of the required improvements. The duration of the bond shall
be equivalent to the time deadlines specified in the improvements agreement, which, in any case
shall not exceed twenty-four months from the date of approval. Final determination of the
amount of the bond or other assurance shall be made by the legislative authority. No building
permit for any portion of a planned unit development shall be issued until the final plan thereof
has been approved by the planning commission. Compliance with all material terms of the
improvements agreement and the final plat/plan shall be a prerequisite to the developer obtaining
a building permit for individual dwellings and/or a certificate of occupancy or zoning
compliance.
17.66.200 Default.
Developers who: (a) fail to timely complete required improvements; (b) fail to complete
construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or
(d) otherwise fail to comply with the improvements agreement shall be issued a notice of
violation and informed of their default under the improvements agreement and guarantee. Each
such developer shall be given a reasonable period of time, not to exceed thirty days, in which to
cure any noncompliance with the improvements agreement. A developer contesting a notice of
violation may request a hearing before the city council by submitting a written request no later
than ten days from the issuance of the notice of violation. Any action to forfeit the bond or
collateral shall be stayed until completion of the hearing.
1. Default of any portion of the improvements agreement will result in the city recording an
affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from
any conveyance or transfer of platted lots, no further building permits will be issued, and a
certificate of zoning compliance will not issue for any structures completed to that date. In
addition, the city may, at its option, complete all or a portion of the remaining improvements
required by the agreement or solicit bids for the completion of all such improvements. In such
case the city shall be entitled to recover from the developer, the surety, and the holder of the
collateral sufficient sums to cover all costs of construction, including incidental costs, and
reasonable attorney fees.
2. Upon certification of completion by the public works director and zoning administrator and
acceptance of the improvements, free and clear of all liens and encumbrances, the city shall
execute a written acceptance and release the bond or other collateral. Partial releases of collateral
are authorized as improvements are completed and accepted in accordance with the phasing plan
approved as part of the final plat/plan. (Ord. 99-06 (part), 1999: prior code §27-23-14)
17.66.220 Failure to comply.
In case of failure or neglect to comply with any and/or all of the conditions and regulations as
herein established, and as specifically made applicable to a planned unit development, the zoning
administrator shall not issue a certificate of zoning compliance therefore. Such failure or neglect
shall be cause for termination of the approval of the project. Such failure or neglect to comply
with the requirements and to maintain the buildings and premises in accordance with the
conditions of approval thereafter shall also be deemed a violation of this title.
RESOLUTION # 02-2011
A RESOLUTION AMENDING THE FISCAL YEAR 2010/2011 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2010/2011 fiscal year budget for the
various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2010/2011 FISCAL YEAR BUDGET
SHALL BE AMENDED AS FOLLOWS:
Amended Fiscal Year 2010/2011 Budget
1. General Fund
2. Class C Fund
3. Millcreek Project Fund
4. Capital Projects Fund
Amended Amended
Revenue Expenditures
$ 6,881,550 $ 6,881,550
$ 333,000 $ 333,000
$ 222,800 $ 222,800
$ 6,538,127 $ 6,538,127
2010/2011 Fiscal Year Budget Amendments
FUNDS REVENUES EXPENDITURES
GENERAL FUND $45,000 $45,000
EXPENSES
Recorder — Salaries & Wages 10-415-10 ($4, 000)
Recorder — Employee Benefits 10-415-13 ($6, 000)
Engineering — Benefits 10-419-13 $9, 000
Police — Overtime 10-421-15 $15, 000
Police — Other 10-421-35 $30, 000
Inspections — Prof & Tech Svc 10-424-31 $2, 000
Animal Control — Salaries & Wages 10-426-10 $6, 000
Highways — Salaries & Wages 10-440-10 ($3, 000)
Highways — Employee Benefits 10-415-13 ($4, 000)
REVENUES
Misc. State Grants 10-36-973 $15, 000
General Fund Beg F. Balance 10-39-940 $30, 000
CLASS C $25,000 $25,000
EXPENSES
Class C — Special Projects 21-400-73 $25,000
REVENUES
Class C Transfer from B.O.Y. Reserve 21-39-561 $25,000
Resolution #02-2011 Page 1 of 2
5-2
MILLCREEK PROJECT FUND $30,000 $30,000
EXPENSES
Browning Rotary Musical Play Equip 28-400-50 $10, 000
Browning Trails Grant 28-400-51 $20, 000
REVENUES
Future Grants 28-33-579 $30,000
CAPITAL PROJECTS FUND $62,127 $62,127
EXPENSES
Aquatic Center Project 41-470-70 $62,127
REVENUES
Proceeds from Long Term Debt 41-36-165 $62,127
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body
of the City of Moab this 22ND day of February, A.D., 2011.
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City of Moab
Resolution #02-2011 Page 2 of 2
5-2
Mid -Year Budget Adjustments
Summary of Recommended Changes
2010-11 Fiscal Year Bud et
Line
Fund
Line Item
Item #
Amount
Reason
General Fund
Revenues
Miscellaneous State Grants
1036973
$ 15,000
A state grant has been applied for to help offset costs for the staff
expenditures for the state parks employee incident. Any monies
received would be allocated to Police Salaries as shown below.
General Fund Beg. Fund Balance
1036160
$ 30,000
Grand County did not bill the City in a timely fashion for Police Dispatch
services in the last fiscal year. The City received a bill in the current
fiscal year for services rendered last year. Because the money was not
expended last year for this service, it was put into the General Fund
Balance. This money should be reallocated to the Police Other line item.
TOTAL
$ 45,000
Expenditures
Recorder
Salaries and Wages
1041510
$ (4,000)
Less funds have been spent on temporary employees than orginally
anticipated (interdeparmental transfer)
Recorder
Employee Benefits
10141513
$ (6,000)
Less funds have been spent for this line items than orginally anticipated
(interdepartmental transfer)
Engineering
Benefits
1041913
$ 9,000
This item was budgeted at a lower level because of different family
circumstances for employees in the department at the time the budget
was approved versus current family circumstances. (interdepartmental
transfer)
Police
Overtime
1042115
$ 15,000
A state grant has been applied for to help offset costs for the staff
expenditures for the state parks employee incident. Any monies
received would be allocated to this line item. (state grant to cover)
Police
Other
1042135
$ 30,000
Grand County did not bill the City in a timely fashion for Police Dispatch
services in the last fiscal year. The City received a bill in the current
fiscal year for services rendered last year. Because the money was not
expended last year for this service, it was put into the General Fund
Balance. This money should be reallocated to this line item. (use of
General Fund Balance)
Inspections
Professional and Technical Services
1042431
$ 2,000
Because of an increase in the Grand County's budget for this item, this
line item will come in slightly higher than expected. (interdepartmental
transfer)
Animal Control
Salaries and Wages
1042610
$ 6,000
Due to higher than expected employee payouts, this item will come in
higher than orginally expected.
Highways
Salaries and Wages
1044010
$ (3,000)
Due to keeping positions vacant, this line item will come in lower than
expected. (interdepartmental transfer)
Highways
Employee Benefits
1041513
$ (4,000)
Due to keeping positions vacant, this line item will come in lower than
expected. (interdepartmental transfer)
TOTAL
$ 45,000
5-2
Mid -Year Budget Adjustments
Summary of Recommended Changes
2009-10 Fiscal Year Budget
Fund
Line Item
Line
Item #
Amount
Reason
Class C
Revenues
Beginning Fund Balance
2140073
$ 25,000
Sidewalk Improvement Funds from last fiscal year were not spent.
There are a number of small-scale sidewalk replacement and concrete
projects needed for this year.
TOTAL
$ 25,000
Expenditures
Special Projects
2139561
$ 25,000
Sidewalk Improvement Funds from last fiscal year were not spent.
There are a number of small-scale sidewalk replacement and concrete
projects needed for this year.
TOTAL
$ 25,000
Capital Projects
Revenues
Proceeds from Long Term Debt
4147070
$ 62,127
Proceeds from loan for fitness equipment
TOTAL
$ 62,127
Expenditures
Aquatic Center Project
4144072
$ 62,127
Payment for fitiness equipment
TOTAL
$ 62,127
Millcreek Project Fund
Revenues
Future Grants
2833579
$ 30,000
Browning Grant received for trail and playground equipment
TOTAL
$ 30,000
Expenditures
Browning Rotary Musical Play Equip
2840050
$ 10,000
Browning Grant received for trail and playground equipment
Browning Trails Grant
2840051
$ 20,000
Browning Grant received for trail and playground equipment
TOTAL
$ 30,000
5-2
[4M•O•A•B
11MUSIC
FESTIVAL
music in concert with the landscape
December 21, 2010
Moab City Council
217 East Center
Moab UT 84532
Donna Metzler
217 East Center Street
Moab, UT 84532
Dear Ms. Metzler
The Moab Music Festival respectfully requests a reservation for Old City Park on Sunday
September 4, and Monday September 5, 2011.
We make this request in order to offer a free amplified music concert to the general public
as a part of the Festival's Education and Community Outreach. The program is designed
for families and children.
The concert will take place at 2:00 p.m. for approximately two hours.
The balance of the time is required for Festival personnel to install and remove the sound
equipment necessary for this performance.
We appreciate your consideration of our request and look forward to having the
opportunity to answer any questions that you may have.
Very truly yg.rs,
Aubrey )3avis
External Relations Manager
RH:ay
Michael Barrett, Music Director • Leslie Tomkins, Artistic Director
58 E 300 S Moab, UT 84532 • 435-259-7003 • www.moabmusicfest.org
6-1
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
/6o.o
y/1
CITY OF MOAB
PEDDLER/SOLICITOR
(REQUIRES CITY COUNCIL APPROVAL — YEARLY)
BUSINESS LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 1 FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SURCHARGE: $80.00
TYPE OF BUSINESS
. +
❑ 'NO CHANGE IF CURRENT CITY
cN COUNTY LICENSE 35 ATTACHED
TOTAL FEE:
LICENSE #:
BUSINESS NAME:
BUSINESS ADDRESS:
BUSINESS MAILING ADDRESS:
E-MAIL ADDRESS:
Pi 4, CFua r S% roof #
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CITY:
J otsi, flr� h�iS
BUSINESS PHONE
��GG J'�LLip� STATE: 07 ZIP: 0-116 �
BUSINESS OWNERS NAME:
OWNER'S ADDRESS:
OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
OWNER'S SOCIAL SECURITY NUMBER:
PHONE:
STATE: ZIP: 461
DATE OF BIRTH:
TYPE OF ORGANIZATION:O PROPRIETORSHIP 0 PARTNERSHIP
SALES TAX 1D # (ATTACH PROOF FROM UTAH TAX COMMISSION:
NAME REGISTERED WITH THE STATE FOR TAX ID:
O CORPORATION OOTHER (SPECIFY):
Name of person(s) operating under this license: 3, rJ Cor► in9 i lOc uilo rL(hi ci.)/ n ,f09C. e-4
Proposed geographic area where business is to be conducted: 1 �'! t DG19 ✓✓
Proposed hours of operation: 47
Type of Business: L r/)L� L�-� 6-117 , A/j
Goods or services to be offered for sale: I nG r66-6- 6 I-to04,
HAVE YOU EVER BEEN CONVICTED OF ANYTHING OTHER THAN A TRAFFIC VIOLATION?ijr10 O yes (if yes, please attach explanation)
THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED. 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.
INV E / lI �/Q l W y ) r L HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY
PLEASE PRINT NAMEjS) ,/
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. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION
AND OWNER. VWE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. ME UNDERSTAND THAT I/WE ARE SUBJECT TO A BACKGROUND CHECK
PRIOR TO ISSUANCE OF THIS LICENSE.
Signature of Applicant Da[a
State of Utah )
) SS
County of Grand )
SUBCRIBED AND SWORN to before me this
6-k_OLdV__tAyL6514"
NOTARY PUBLIC
day of -SeL vl riL[L v y , f .
SEE BACK OF FORM FOR ADDITIONAL REQUIR
6-2
02/03/2011 16:51 8015441373
KELLYS INSULATION
PAGE 02/03
Layton City Corp.
Ksizy s INstyLATI0437-Wasatch Drive • Layton; Utae 84041
Business Name
YyP® of t3UBlrl@SS Carpet ,and Upholstery Claaning services
Restrictions...License. Limited To :Aeeident8 Of FFeine Only
Ne Ob5ectionnble Traffic/Parking
Materiala May Net Be.Stored to Yard
Located At 102 N' 3425-;N
Layton, UT 84041
Mail.KELLY. g ZNguLATIcit
Address ATTE t ROBERT RELY
102 N 3425 x
Layton, UT 84041,•
MUST BE POSTED AT ALL TIMES
License Nuniber 4282
OffectiHe Data: , 9/2° %28a5
expftatlon Dater, a/31/20ii'
t
•.BUSINESS LICENSE
'NOT TRANSFERABLE
6-2
02/03/2011 16:51 8015441373
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STATE': OF UTAH. .
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KELLYS INSULATION
PAGE 03/03
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IMPORTANT LICENSURE REMINDERS:
• Your license is valid until the expiration date listed on this form.
+ Please note the address listed below. This is your public address of record for the division, and all future
correspondence from the division will be mailed to this address. If you move, .it is your responsibility to Notify us
directly of the change. Maintaining your current address will, us is the easiest way to ensure continuous licensure.
• This license has been issued to the business entity. Any change in the license's original entity structure requires a
new license (i.e. DBA to a Corporation, etc.), Please contact the division before you make such changes.
KELLY' S INSULATION INC
102 N 3425 w
LAYTON UT 84041
Muse visit our web site at
www.dopljltaitsev should you have any
questions in the future.
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i .r(.-v h ww."�'w,�vnsA'.'i� d R•%�i�: _ n..'i-qy�•�y_WN�/S[�i�
DATE PAID:
AMOUNT PAID:
RECEIPT NO.:
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k-12`1
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
SPECIAL EVENT FEE: WI.00
•12.IL. Inner v1Ann_k ►cep; ,� e_
I eYGL �
LICENSE #:
ZONE: (II__
NAME OF EVENT:
DESCRIPTION OF EVENT:
LOCATION OF EVENT:
PREMISES TO BE USED:
Cam [- �T /4Rrrhorr and v( /fit fG ktco
j Lai - awl � �r'(e load /accd
��. 6 Ff w f 1-8 SwaHn G ir:brL 'Ac`u{.4%,
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44-k-r R ire5
ce-4114,- 51-. (yr�, 5weiMny G1
TEMPORARY STRUCTURES TO BE USED (IF ANY): ��]
DATE(S) AND TIME(S) OF EVENT: /i/�A./( 41 1 r 2 j f : 9 FN1 art l"' 4-(64 ( �� .20 t i , 6 AMA'
�7� PM
ANTICIPATED # OF EVENT PARTICIPANTS: 4 1 dO
EVENT SPONSORS NAME:
SPONSOR'S ADDRESS:
/Waal) lfaf f 441f4.1Am
P. o. Sax 743
SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
SPONSOR'S SOCIAL SECURITY NUMBER:
CITY: Moab
PHONE:
STATE: VT-- ZIP: 8 `� 5- 3 Z
DATE OF MTH:
THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT ES
UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST SE ACCURATELY COMPLETED OR
THE ISSUANCE OF A LICENSE WILL BE DELAYED.
IIWE A1040 ff *Era 410n, �n
LEASE PRINT NANIE(S)
CITY SPECIAL EVENT LICENSE REGULATION
LAW THE INFORMATION CONTAINED HEREIN I
LOCATION AND SPONSOR.
CL .
HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB
AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF
UE, INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED
S
State of Utah )
) SS
County of Grand )
SUBCRIBED AND SWORN to before me this
L14-
day of
K)0,Si-e-ectev. cda-40tQ).,v,
NOTARY PUBLIC
)- r/
/// Uale
RACHEL ELIZABETH ELLISON
Notary Public
State of Utah
Comm. No. 604153
My Comm. Expires Dec 15, 2014
SEE BACK OF FORM FOR ADDMONAL. REQUIREMENTS!
6-3
ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE).
ATTACH ADDITIONAL INFORMATION INDICATED BELOW:
LICENSE APPROVALS
CITY STAFF
0 APPROVED
❑ DISAPPROVED
REASONS):
LICENSE EXPIRATION DATE:
SIGNATURE OF CITY STAFF
MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
EVENT COST RECOVERY SURCHARGE:
SPECIAL CONDITIONS:
�a'wxws..sm..s..•..•.Wr r.•w:•: p::•v.r�slet.<U'+.•._>-.-.:': ....
07/01 /05
6-3
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435) 259-5121
FAX: (435) 259-4135
No
No
FOR ZONING OFFICE USE ONLY
PARKING:
MOAB CITY CODE:
SIGN PERMIT:
MOVED -ON NECESSARY:
REQUIRES PLANNING
COMMISSION APPROVAL
REVIEWED BY
ZONING
ADMINISTRATOR:
TALL PA12-14 W4iNey
0Y-
5131.1 -0a o,
❑ YES
SIGNATURE
DATE: 4 .11
NAME OF APPLICANT:
APPLICANT'S MAILING ADDRESS:
Kanvtot b12s cid<c_
P. o . 3ox 7,13
PHONE:
CITY: Moab
p
STATE: (sr- ZIP: {,4532
: BUSINESS NAME:
r ' lOah Half /V 4 411a0
BUSINESS LOCATION:
3 6 5 . Zoo E.
r�
4 ZONE: C
%�! �L,
6iG►1 I- {� rja t t' ,, `-� r d#
DETAILED DESCRIPTION OF BUSINESS ACTIVITY:
O6/16/05
6-3
Moab Half Marathon
P.O. 6ox743 Moab, UT 84-532
Canyonlands Half Marathon
Parking Plan for Race Expo/Packet Pickup
March 18, 2011 1-9 PM
March 19, 2011 7-8 AM
Center Street Gym
1. Participants will use 200 spaces surrounding ball field.
2. Participants will use parking on streets surrounding venue.
3. At least 15 lodging establishments are within 7 blocks of the venue to facilitate
walking.
4. Race final instructions and map to all participants will encourage walking and/or
carpooling to the venue.
5. Approximately 30% of participants historically visit the expo prior to 5 PM
Friday; the bulk of participants will arrive after City Hall and County Courthouse
business hours.
435-259-4525 +55- 2_59-5+56 (-fax)
6-3
rrr@c.itlink.net www.moabl?alfmarathon.org
Moab I-14r Marathon
P.O. Box 743 Moab, UT 84532
Moab City Council
417 E Center St
Moab, UT 84532
February 4, 2011
To City Council Members,
On behalf of the Moab Half Marathon, Inc.,1 am requesting use of Swanny Park on
March 18, 2011 from 12-6 pm and March 19, 2011 from 6:00 am until 5:00 pm for the
36'h Annual Canyonlands Half Marathon and Five Mile Run. We will have refreshments
and a handful of vendors selling or giving away product. We will close 400 N between
Mi Vida and Park Ave at 3:00 pm on Friday, March 18 to set up the finish line area, as
we did in 2010. We will work with Moab City Safety staff to setup this closure.
We will load shuttles Saturday morning in the same manner as 2010: load half marathon
participants on the south side of the park on Park Dr; load five mile participants in the
HMK School bus loading area on 400 N. We will stage excess buses on 100 W, keeping
the northbound lane open for residents on 100 W.
Additionally, we will be renting the Center Street Gym March 15-19 for our Race Expo
and Packet Pickup. I have submitted a parking plan to the Zoning Department and a
rental request with the Recreation Department.
Ranna Bieschke
Race Director, Moab Half Marathon
455-25-7-9-525 (fax)
6-4
mr@citlink.net www.moabkaffmaratkon.org
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
Mayor: David L. Sakrison
Council: Kyle Bailey
Jeffrey A. Davis
Keith H. Brewer
Gregg W. Stucki
Rob Sweeten
To: Moab City Council
From: John Geiger, Recreation Coordinator
Date: 1/19/11
Re: Fee waiver for Canyonlands Half Marathon rental of Center St Gym, 2011
The Moab City Recreation Dept recommends that the Moab City Council waive the Center St
Gym rental fee for the 2011 Canyonlands Half Marathon Expo. Use will occur Tuesday, March
15 through Saturday, March 19. Rental fee for the event will total $1485.
The Council waived the rental fees for CHM in 2009 and 2010 in recognition of the floor cover-
ing system, valued at $7000, purchased by CHM for the Gym in 2007. CHM has also donated
$1000 dollars annually to the Police Dept for the past seven years in appreciation for their help
with the event.
6-5
Resolution #05-2011
A Resolution Supporting Utah's Adoption of the 2009 International Energy Conservation Code for
Utah homes
WHEREAS, Utah's comrierdal and residential buildings use 423/0of Utah's total energy; and
WHEREAS, energy efficiency is the cheapest, deanest, and most plentiful energy resource available today; and
WHEREAS, an extensive technical analysis was recently undertaken to identify the expected builder costs and
energy cost savings if the 2009 International Energy Conservation Code (IECC) were adopted in Utah; and
WHEREAS, Utah's commercial buildings are subject to the requirements of the most up-to-date 2009 energy code;
and
WHEREAS, Utah's new residential structures are still governed by the outdated 2006 energy code; and
WHEREAS, ac:oording to this analysis, adoption of the 2009 IECC is expected to improve the energy efficiency of
new homes by 10 to 12 percent, while the utility bill savings for Utah families is expected to exceed the incremental
cost of implementing the updated code, resulting in a net savings to Utah new homeowners of $175 per year on
average; and
WHEREAS, the IECC is the wrist widely used model energy code for residential construction in the U.S., establishing
effidency baselines that are reviewed and updated every three years, and voluntarily adopted by over 40 states; and
WHEREAS, Utah has a history of regularly reviewing and adopting updated versions of the IECC, to be implemented
and enforced by local jurisdictions; and
WHEREAS, to correct energy inefficiencies after the home is built costs at least five times more than building homes
efficiently from the start (and not every problem can be corrected after the fact); and
WHEREAS, adoption of the 2009 IECC is consistent with the recommendation by Utah's Uniform Building Code
Commission to the Business and Labor Interim Committee on October 20, 2010; and
WHEREAS, the U.S. Conference of Mayors, the Utah Housing Coalition, the American Institute of Architects, Rocky
Mountain Power, and Questar Gas have supported adoption of strong energy conservation codes as a critical
strategy to a successful energy policy.
NOW, THEREFORE, BE IT RESOLVED, that the City of Moab, recognizes the important long-term energy and cost -
savings benefits of adopting updated energy codes and urges the adoption of the residential provisions of the 2009
International Energy Conservation Code by the Utah Legislature during the 2011 General Session.
Passed and adopted by action of the Goveming Body of the Oty of Moab in open session this ah day of
February, 2011
BY:
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City Recorder
Resolution # 05-2011
6-6
bmimiLlhkellittlifieSH
To: Moab Governing Body
From: David Olsen
CC: Donna Metzler
Date: February 4, 2011
RE: Tamarisk removal and revegetation grant
The Utah Division of Forestry, Fire and State Lands has obtained a
$300,000 grant to share with entities and property owners that are
committed to remove tamarisk trees and revegetate the areas with
native vegetation.
I have attached a grant agreement requesting $30,000, a scope of
work and site plans of the Mill Creek/Pack Creek confluence area, Lions
Park/Colorado River area, and Cinema Court/Pack Creek area. If the
grant is approved, we should budget some funds for a match and we
will need to hire a contractor to do the work.
6-7
Grant Agreement
GRANT
TO
MOAB CITY
FROM
UTAH DEPARTMENT OF NATURAL RESOURCES,
DIVISION OF FORESTRY, FIRE AND STATE LANDS
This GRANT is made and entered into upon the date of the last signature to this document,
between the State of Utah, Department of Natural Resources, Division of Forestry, Fire, and State
Lands (FFSL) and Moab City for project work aimed at tamarisk removal and native plant
revegetation. Attached to agreement is breakdown of expenditures. This grant (Tamarisk
Eradication and Native Tree Restoration along the Colorado River) is allocated through the State
and Private Forestry FY 2010 Western Competitive Resource Allocation administered by the US
Forest Service.
The terms and conditions of this Grant Agreement are as follows:
1. FFSL will grant Moab City $30,000 over 3 years for the completion of project sites on
municipal and private lands along Mill Creek, Pack Creek and Colorado River, totaling
53 acres. These projects include tamarisk eradication and subsequent native tree planting
detailed in the attached Scope of Work.
2. Moab City agrees to allow State auditors, and State agency staff, access to all the records
to this agreement, for audit and inspection, and monitoring of services. Moab City shall
maintain all records necessary to properly account for the expenses made by the
contractor for costs authorized by this agreement. These records shall be retained by
Moab City for at least four years after it terminates, or until all audits initiated within the
four years, have been completed, whichever is later.
3. Moab City agrees to indemnify, save harmless, and release the State of Utah, and all its
officers, agents, volunteers, and employees from and against any and all loss, damages,
injury, liability, suits, and proceedings arising out of the performance of this agreement
which are caused in whole or in part by the acts or negligence of the contractor's officers,
agents, volunteers, or employees.
4. This grant expires on June 1, 2013.
6-7
David Salcrison, Mayor Date
Moab City
Roger Lewis, Financial Manager Date
Division Forestry, Fire and State Lands
Geoff McNaughton, Forestry Programs Administrator Date
Division of Forestry, Fire and State Lands
6-7
Scope of Work
Moab City
Tamarisk & Exotic Tree Removals
& Native Tree Restoration Projects
1. The thirty acre confluence area of Mill Creek and Pack Creek we
propose to hire a contractor to do some additional thinning of
tamarisk and other exotic trees. We plan to install an irrigation
system and plant native trees and other plants along the Mill
Creek floodplain.
2. We propose to hire a contractor to install an irrigation system
and plant trees and native plants in the twenty one acre Lions
Park/Colorado River area. We proposed to remove tamarisk
trees in the eastern portion of the north shore and plant salt
resistant native plants along the north shore.
3. Working with Grand County and the Housing Authority of
Southeastern Utah, we propose to hire a contractor to remove
tamarisk and other exotic trees in an area along Pack Creek that
is owned by those entities. It is a two acre parcel that we
propose to revegetate after it is thinned.
6-7
Lionk'P ,n
North shor
13ullog
p u b�1fl9§-VH
�a
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Honorable Mayor and Councilmembers
From: Rachel Ellison, City Recorder/Assistant City Manager
Date: 02/04/2011
Re: Health Reimbursement Arrangement
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Sarah C. Bauman
Jeffrey A. Davis
Kirstin Peterson
Gregg W. Stucki
You have before you a Resolution approving plan documents and a summary plan for a Health
Reimbursement Arrangement (HRA). This HRA plan is in addition to the Flexible Spending
Account (FSA) Plan previously approved by City Council. The HRA is necessary to accommodate
Employer contributions on the behalf of Employees. Examples of these contributions are:
Deductible offsets and premium reimbursement. The contributions were planned to be
managed under the FSA, however since we changed plans % of the way through last calendar
year, it was not obvious at first that the amounts contributed would be in excess of the federal
limits for an FSA plan. Also, employer only funds should be directed through an HRA as some of
the federal requirements are different. I have attached a plan highlight of the HRA and FSA
Plans for your information.
Also, when the cafeteria plan was first formalized about eleven years ago, it was administered
by our audit service providers who developed an internal contract outlining the terms as per the
regulations at that time. Updates have been made periodically to this agreement and approved
by City Council. This contract is no longer necessary as our plan administrator is responsible for
managing the plan under all current federal regulations, which do change from time to time. In
the past several months, several areas of our internal contract have been identified as
conflicting with federal regulations. It is my recommendation that we formally eliminate this
internal contract.
Please let me know if you have any questions.
Thanks.
REC-M EM-11-02-002
First EPA Green Power Community in the Nation
6-8
6-9
HRA PLAN
Moab City Corporation
HIGHLIGHTS
Moab City Corporation has established a
"HRA Plan" to help you pay for your out-of-
pocket medical expenses. If you received a
reimbursement for an expense under the
Plan, you cannot claim a Federal income tax
credit or deduction on your return.
GENERAL PLAN INFORMATION
Plan Name:
Moab City Corporation HRA Plan
Address: 217 East Center Street
Moab, UT 84532
Telephone: (435)259-2683
Tax I.D. Number: 87-6000248
Plan Number: 502
Plan Effective Date. 9/1/2010
Amended.
Coverage Period End. December 31"
Short Coverage Period:
September 1, 2010 — December 31, 2010
Plan Administrator:
Moab City Corporation
Company Contact: Rachel Ellison
QUALIFIED EXPENSES
The plan allows you to be reimbursed for
certain out-of-pocket medical, dental and
vision expenses which are incurred by you
and your dependents. These would include
drugs obtained through a prescription. The
expenses, which qualify, are those
permitted by Section 213 of the Internal
Revenue Code. A list of some of the
expenses that qualify is available from the
Administrator.
The plan also allows you to be reimbursed
by the Employer for qualified insurance
premiums, which are incurred by you or
your dependents. Insurance Premiums
under a spouse's Employer can qualify
unless such coverage is currently
reimbursed before tax under a Section 125
or comparable benefit plan (including
Dental and Vision Insurance).
ELIGIBILITY
If you work 30 hours or more each week for
the company, you will be eligible to join the
Plan following your date of employment.
You will enter the Plan on the first day of
the month
employment.
following your date of
BENEFIT
The maximum Employer contribution
allowed each year is:
Non -Exempt Employees:
• $300 per year per single
Participant;
• $525 per year per Participant and 1
dependent; or
• $600 per year per Participant and
family.
Exempt Employees:
• $600 per year per single
Participant;
• $825 per year per Participant and 1
dependent; or
• $900 per year per Participant and
family.
Any Employee who opts -out of the
Employer sponsored Group Health
Insurance shall receive the following
additional annual amount:
• $5,502.00 per year per single
Participant;
• $11,904.84 per year per Participant
and 1 dependent; or
• $17,099.52 per year per Participant
and family.
BENEFITS PAYMENT
During the course of the Coverage Period,
you may submit requests for reimbursement
of expenses you have incurred. However,
you must make your requests for
reimbursements no later than 90 days after
the end of the Coverage Period. The
Administrator will provide you with
acceptable forms for submitting these
requests for reimbursement. In addition,
you must submit to the Administrator proof
of the expenses you have incurred and that
they have not been paid by any other health
plan coverage. If the request qualifies as a
benefit or expense that the Plan has agreed
to pay, you will receive a reimbursement
payment soon thereafter. Remember,
reimbursements made from the Plan are
generally not subject to federal income tax or
withholding. Nor are they subject to Social
Security taxes.
Expenses are considered "incurred" when
the service is performed, not necessarily
when it is paid for. You can get a claim form
at www.nbsbenefits.com for reimbursement.
Any monies left at the end of the Coverage
Period will be forfeited. You must submit
claims no later than 90 days after the end of
the Coverage Period.
HIGHLY COMPENSATED & KEY
EMPLOYEES
Under the Internal Revenue Code, "highly
compensated employees" and "key
employees" generally are Participants who
are officers, shareholders or highly paid.
If you are within these categories, the
amount of contributions and benefits for you
may be limited so that the Plan as a whole
does not unfairly favor those who are highly
paid, their spouses or their dependents.
Please refer to your Summary Plan
Description for more information. You will
be notified of these limitations if you are
affected.
FAMILY AND MEDICAL LEAVE ACT
Notwithstanding anything in the Plan to the
contrary, in the event any benefit under this
Plan becomes subject to the requirements of
the Family and Medical Leave Act of 1993
and regulations thereunder, this Plan shall be
operated in accordance with proposed
Regulation 1.125-3.
ADDITIONAL PLAN INFORMATION
As a participant in the Plan, you are entitled
to certain rights and protections under the
Employee Retirements Income Security Act
of 1974 (ERISA). Please refer to your
Summary Plan Description for more
information on your ERISA rights.
NATIQNAL BENEFIT S RVICES, LLC
Cusinwrr Carr s Knomlcdge and Expertise Organizational Exrcllenrr
(801) 532-4000 - Salt Lake City, UT
6-8
CAFETERIA PLAN
Moab City Corporation
HIGHLIGHTS
Moab City Corporation has established a
"Cafeteria Plan" to help you pay for your out-of-
pocket medical expenses. One of the most
important features of our Plan is that the benefits
being offered are generally ones that you are
already paying for, but normally with money that
has first been subject to income and Social
Security taxes. Under our Plan, these same
expenses will be paid for with a portion of your
pay before Federal income or Social Security
taxes are withheld. This means that you will pay
less tax and have more money to spend and save.
However, if you received a reimbursement for an
expense under the Plan, you cannot claim a
Federal income tax credit or deduction on your
return.
GENERAL PLAN INFORMATION
Plan Name:
Moab City Corporation Cafeteria Plan
Address: 217 East Center Street
Moab, Utah 84532
Telephone: (435)259-2683
Tax I.D. Number: 87-6000248
Plan Number- 501
Plan Effective Date: 1/1/2009
Amended: 1/1/2011
Plan Year End: December 31st
Maximum Medical Limit: $3,000
Maximum Dependent Care Limit: $5,000
Grace Period- 31 Days
Run -out Period: 90 Days
Plan Administrator: Moab City Corporation
Company Contact: Rachel Ellison
CONTRIBUTIONS
Before each Plan Year begins, you will select the
benefits you want and how much of the
contributions should go toward each benefit. It is
very important that you make these choices
carefully based on what you expect to spend on
each covered benefit or expense during the Plan
Year.
Generally, you cannot change the elections you
have made after the beginning of the Plan Year.
However, there are certain limited situations
when you can change your elections if you have a
"change in status". Please refer to your Summary
Plan Description for a change in status listing.
ELIGIBILITY
If you work 30 hours or more each week for the
company, you will be eligible to join the Plan
following your date of employment.
You will enter the Plan on the first day of the
month following your date of employment.
BENEFITS
Under our Plan, you can choose the following
benefits.
Health Flexible Spending Account:
The Health Flexible Spending Account (FSA)
enables you to pay for expenses allowed under
Section 105 and 213(d) of the Internal Revenue
Code which are not covered by our insured
medical plan and save taxes at the same time.
The most that you can contribute to your Health
Flexible Spending Account each Plan Year is
$3,000.
Dependent Care Flexible Spending Account:
The Dependent Care Flexible Spending Account
enables you to pay for out-of-pocket, work -
related dependent day-care cost with pre-tax
dollars. Please see Summary Plan Description for
definition of eligible dependent. The law places
limits on the amount of money that can be paid to
you in a calendar year. Generally, your
reimbursement may not exceed the lesser of: (a)
$5,000 (if you are married filing a joint return or
you are head of a household) or $2,500 (if you are
married filing separate returns; (b) your taxable
compensation; (c) your spouse's actual or deemed
earned income. Also, in order to have the
reimbursements made to you from this account
be excludable from your income, you must
provide a statement from the service provider
including the name, address, and in most cases,
the taxpayer identification number of the service
provider on your tax form for the year, as well as
the amount of such expense as proof that the
expense has been incurred.
Premium Expense Account:
A Premium Expense Account allows you to use
tax-free dollars to pay for certain premium
expenses under various insurance programs that
we offer you.
Please note: Policies other than company
sponsored policies (i.e. spouse's or dependents'
individual policies etc.) may not be paid through
the Cafeteria Plan. Furthermore, qualified long-
term care insurance plans may not be paid
through the Cafeteria Plan.
BENEFITS PAYMENT
During the course of the Plan Year, you may
submit requests for reimbursement of expenses
you have incurred. Expenses are considered
"incurred" when the service is performed, not
necessarily when it is paid for. You can get a claim
form at www.NBSbenefits.com for reimbursement.
Any monies left at the end of the Plan year will be
forfeited. You must submit claims no later than 90
Days after the end of the Plan Year for the Health
Flexible Spending Account and the Dependent
Care Flexible Spending Account. However, if you
have unused contributions in your Health Care
Expense Account from the immediately preceding
plan year, and you incur qualified medical care
expenses during the grace period; you may be
reimbursed for those expenses as if the expenses
had been incurred in the prior plan year.
HIGHLY COMPENSATED & KEY EMPLOYEES
Under the Internal Revenue Code, "highly
compensated employees" and "key employees"
generally are Participants who are officers,
shareholders or highly paid.
If you are within these categories, the amount of
contributions and benefits for you may be limited
so that the Plan as a whole does not unfairly favor
those who are highly paid, their spouses or their
dependents. Please refer to your Summary Plan
Description for more information. You will be
notified of these limitations if you are affected.
FAMILY AND MEDICAL LEAVE ACT
Notwithstanding anything in the Plan to the
contrary, in the event any benefit under this Plan
becomes subject to the requirements of the Family
and Medical Leave Act of 1993 and regulations
thereunder, this Plan shall be operated in
accordance with proposed Regulation 1.125-3.
ADDITIONAL PLAN INFORMATION
As a participant in the Plan, you are entitled to
certain rights and protections under the Employee
Retirements Income Security Act of 1974 (ERISA).
Please refer to your Summary Plan Description for
more information on your ERISA rights.
Updated January 6, 2011
NATIQNAL BENEFIT RVICES, LLC
Cuslnwer Care • %nemledge red Experfne Orgoni.ahonal Excellence
(801) 532-4000 - Salt Lake City, UT
6-8
RESOLUTION #07-2011
A RESOLUTION ADOPTING THE CITY OF MOAB HEALTH REIMBURSEMENT ARRANGEMENT PLAN
AND SUMMARY PLAN DESCRIPTION DOCUMENTS
WHEREAS, the City of Moab is desirous of offering a Health Reimbursement Arrangement to our
classified employees and elected officials; and
WHERAS, Health Reimbursement Arrangement Plans and Summary Plan Description Documents
(referred to as the "Plan") should be approved by the Governing Body;
NOW, THEREFORE, we, the Governing Body of the City of Moab do herby resolve the following:
RESOLVED, that the form of amended Health Reimbursement Arrangement effective
September 1, 2010, presented to this meeting is hereby approved and adopted and that the
proper officers of the Corporation are hereby authorized and directed to execute and deliver
to the Administrator of the Plan one or more counterparts of the Plan.
RESOLVED, that the Administrator shall be instructed to take such actions that are
deemed necessary and proper in order to implement the Plan, and to set up adequate
accounting and administrative procedures to provide benefits under the Plan.
RESOLVED, that the proper officers of the Corporation shall act as soon as possible to notify
the employees of the Corporation of the adoption of the Health Reimbursement
Arrangement Plan by delivering to each employee a copy of the summary description of the
Plan in the form of the Summary Plan Description presented to this meeting, which form is
hereby approved.
The undersigned further certifies that attached hereto are true copies of the
Health Reimbursement Arrangement Plan as amended and restated and the Summary
Plan Description approved and adopted in the foregoing resolutions.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
6 day of February, 2011.
By:
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City Recorder
Resolution #07-2011
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MOAB CITY CORPORATION HRA PLAN
PLAN DOCUMENT
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TABLE OF CONTENTS
ARTICLE I 4
DEFINITIONS 4
ARTICLE II 6
PARTICIPATION 6
2.1 Eligibility 6
2.2 Effective Date of Participation 6
2.3 Termination of Participation 6
ARTICLE III 7
BENEFITS 7
3.1 Establishment of Plan 7
3.2 Nondiscrimination Requirements 8
3.3 Health Reimbursement Arrangement Claims 8
3.4 Debit and Credit Cards 8
ARTICLE IV 9
ERISA PROVISIONS 9
4.1 Claim for Benefits 9
4.2 Named Fiduciary 11
4.3 General Fiduciary Responsibilities 11
4.4 Nonassignability of Rights 11
ARTICLE V 12
ADMINISTRATION 12
5.1 Plan Administration 12
5.2 Examination of Records 12
5.3 Indemnification of Administrator 12
ARTICLE VI 13
AMENDMENT OR TERMINATION OF PLAN 13
6.1 Amendment 13
6.2 Termination 13
ARTICLE VII 13
MISCELLANEOUS 13
7.1 Plan Interpretation 13
7.2 Gender and Number 13
7.3 Written Document 13
7.4 Exclusive Benefit 13
7.5 Participant's Rights 13
7.6 Action by the Employer 14
7.7 No Guarantee of Tax Consequences 14
7.8 Indemnification of Employer by Participants 14
7.9 Funding 14
7.10 Governing Law 14
7.11 Severability 14
7.12 Headings 15
7.13 Continuation of Coverage 15
7.14 Family and Medical Leave Act 15
7.15 Health Insurance Portability and Accountability Act 15
7.16 Uniformed Services Employment and Reemployment Rights Act 15
7.17 HIPAA Privacy Standards 15
7.18 HIPAA Electronic Security Standards 17
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7.19 Change In Status 19
7.20 Mental Health Parity And Addiction Equity Act (USERRA) 19
7.21 Genetic Information Nondiscrimination Act (GINA) 19
7.22 Women's Health and Cancer Rights Act 20
7.23 Newborn's and Mothers' Health Protection Act 20
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HEALTH REIMBURSEMENT ARRANGEMENT
As used in this Plan, the following words and phrases shall have the meanings set forth herein unless a
different meaning is clearly required by the context:
ARTICLE I
DEFINITIONS
1.1 "Administrator' means the individual(s) or committee appointed by the Employer to carry out
the administration of the Plan. In the event the Administrator has not been appointed, or
resigns from a prior appointment, the Employer shall be deemed to be the Administrator.
1.2 "Affiliated Employer" means any corporation which is a member of a controlled group of
corporations (as defined in Code Section 414(b)) which includes the Employer; any trade or
business (whether or not incorporated) which is under common control (as defined in Code
Section 414(c)) with the Employer; any organization (whether or not incorporated) which is a
member of an affiliated service group (as defined in Code Section 414(m)) which includes the
Employer; and any other entity required to be aggregated with the Employer pursuant to
Treasury regulations under Code Section 414(o).
1.3 "Code" means the Internal Revenue Code of 1986, as amended.
1.4 "Coverage Period" or "Plan Year" means the 12-month period commencing on January 1" and
ending on December 31". The initial period will be a short coverage period beginning on
September 1, 2010 and ending on December 31, 2010.
1.5 "Dependent" means any individual who qualifies as a dependent under Code Section 152 (as
modified by Code Section 105(b)). Any child of a Participant who is an "alternate recipient"
under a qualified medical child support order under ERISA Section 609 shall be considered a
Dependent under this Arrangement.
Notwithstanding anything in the Plan to the contrary, a Participant's Child may
remain on the Plan until the end of the calendar year in which the dependent attains age 26. A
Participant's "Child" includes his natural child, and adopted child, or a child placed with the
Employee for adoption. It may also include step children and/or foster children if elected on
the Adoption Agreement. A Participant's Child will be an eligible Dependent until reaching
the limiting age of 26, without regard to student status, marital status, financial dependency or
residency status with the Employee or any other person. When the child reaches the applicable
limiting age, coverage will end at the end of the calendar year.
The phrase "placed for adoption" refers to a child whom the Employee intends to
adopt, whether or not the adoption has become final, who has not attained the age of 18 as of
the date of such placement for adoption. The term "placed" means the assumption and
retention by such Employee of a legal obligation for total or partial support of the child in
anticipation of adoption of the child. The child must be available for adoption and the legal
process must have commenced.
1.6 "Effective Date" of the Plan means September 1, 2010.
1.7 "Eligible Employee" means any Eligible Employee as stated in Section 2.1 and as provided
herein. An individual shall not be an "Eligible Employee" if such individual is not reported on
the payroll records of the Employer as a common law employee. In particular, it is expressly
intended that individuals not treated as common law employees by the Employer on its
payroll records are not "Eligible Employees" and are excluded from Plan participation even if
a court or administrative agency determines that such individuals are common law employees
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and not independent contractors. Furthermore, Employees of an Affiliated Employer will not
be treated as "Eligible Employees" prior to the date the Affiliated Employer adopts the Plan as
a Participating Employer.
However, a self-employed individual as defined under Code Section 401(c) or a 2-percent
shareholder as defined under Code Section 1372(b) shall not be eligible to participate in this
Plan.
1.8 "Employee" means any person who is employed by the Employer. The term "Employee" shall
also include any person who is an employee of an Affiliated Employer and any Leased
Employee deemed to be an Employee as provided in Code Section 414(n) or (o).
1.9 "Employer" means Moab City Corporation any successor which shall maintain this Plan and
any predecessor which has maintained this Plan. In addition, unless the context means
otherwise, the term "Employer" shall include any Participating Employer which shall adopt
this Plan.
1.10 "Employer Contribution" means the amounts contributed to the Plan by the Employer.
1.11 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended from time
to time.
1.12 "Leased Employee" means, effective with respect to Plan Years beginning on or after January
1, 1997, any person (other than an Employee of the recipient Employer) who, pursuant to an
agreement between the recipient Employer and any other person or entity ("leasing
organization"), has performed services for the recipient (or for the recipient and related
persons determined in accordance with Code Section 414(n)(6)) on a substantially full time
basis for a period of at least one year, and such services are performed under primary
direction or control by the recipient Employer. Contributions or benefits provided a Leased
Employee by the leasing organization which are attributable to services performed for the
recipient Employer shall be treated as provided by the recipient Employer. Furthermore,
Compensation for a Leased Employee shall only include Compensation from the leasing
organization that is attributable to services performed for the recipient Employer.
A Leased Employee shall not be considered an employee of the recipient Employer if: (a) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated
employer contribution rate of at least ten percent (10%) of compensation, as defined in Code
Section 415(c)(3), but for Plan Years beginning prior to January 1, 1998, including amounts
contributed pursuant to a salary reduction agreement which are excludable from the
employee's gross income under Code Sections 125, 402(e)(3), 402(h)(1)(B), 403(b), or for Plan
Years beginning on or after January 1, 2001 (or as of a date, no earlier than January 1, 1998, as
specified in Section 1.6 of the Plan), 132(f)(4), (2) immediate participation, and (3) full and
immediate vesting; and (b) leased employees do not constitute more than twenty percent
(20%) of the recipient Employer's nonhighly compensated workforce.
1.13 "Participant" means any Eligible Employee who has satisfied the requirements of Section 2.1
and has not for any reason become ineligible to participate further in the Plan.
1.14 "Plan" means Moab City Corporation HRA Plan as set forth herein adopted by the Employer,
including all amendments thereto. 'Plan" means the "Health Reimbursement Arrangement."
1.15 "Premiums" mean the Participant's cost for any health plan coverage.
1.16 "Qualifying Medical Expenses" means any expense eligible for reimbursement under the
Health Reimbursement Arrangement which would qualify as a "medical expense" (within the
meaning of Code Section 213(d) and as allowed under Code Section 105 and the rulings and
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Treasury regulations thereunder) of the Participant, the Participant's spouse or a Dependent
and not otherwise used by the Participant as a deduction in determining the Participant's tax
liability under the Code or reimbursed under any other health coverage, including a health
Flexible Spending Account. Qualifying Medical Expenses covered by this Plan are limited to
all medical expenses within the meaning of Code Section 213 and qualifying insurance
premiums. Insurance Premiums under a spouse's Employer can qualify unless such coverage
is currently reimbursed before tax under a Section 125 or comparable benefit plan. Effective
January 1, 2011, notwithstanding anything in this Arrangement to the contrary, a Participant
may not be reimbursed for the cost of any medicine or drug that is not "prescribed" as defined
in Code Section 106(f). Furthermore, a Participant may not be reimbursed for "qualified
long-term care services" as defined in Code Section 7702B(c). If the Employer provides Health
Savings Accounts for Participants, Qualifying Medical Expenses reimbursed shall be limited to
those allowed under Code Section 223. "Incurred" means when the Participant is provided
with the medical care that gives rise to the Qualifying Medical Expense and not when the
Participant formally billed or charged for, or pays for, the medical care.
ARTICLE II
PARTICIPATION
2.1 Eligibility
Any Eligible Employee will be eligible to participate in the Health Reimbursement
Arrangement upon satisfaction of the following: (a) Date of Hire (No service required); and (b)
Employee is scheduled to work at least 30 hours per week. The following Employees are
excluded: Non-resident aliens; and Leased Employees.
An Eligible Employee may make or change an election that corresponds with the special
enrollment rights provided in Code Section 9801(0, including those authorized under the
provisions of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP);
provided that such Participant meets the sixty (60) day notice requirement imposed by Code
Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to
Participants). Such change shall take place on a prospective basis, unless otherwise required by
Code Section 9801(f) to be retroactive.
2.2 Effective Date of Participation
An Eligible Employee who has satisfied the conditions of eligibility pursuant to Section 2.1
shall become a Participant effective as of the first day of the month coinciding with or
following the date on which such requirements are satisfied.
If an Employee, who has satisfied the Plari s eligibility requirements and would otherwise
have become a Participant, shall go from a classification of a noneligible Employee to an
Eligible Employee, such Employee shall become a Participant on the date such Employee
becomes an Eligible Employee or, if later, the date that the Employee would have otherwise
entered the Plan had the Employee always been an Eligible Employee.
If an Employee, who has satisfied the Plari s eligibility requirements and would otherwise
become a Participant, shall go from a classification of an Eligible Employee to a noneligible
class of Employees, such Employee shall become a Participant in the Plan on the date such
Employee again becomes an Eligible Employee, or, if later, the date that the Employee would
have otherwise entered the Plan had the Employee always been an Eligible Employee.
2.3 Termination of Participation
This Section shall be applied and administered consistent with any rights a Participant and the
Participant's Dependents may be entitled to pursuant to Code Section 4980B, Section 7.13 of the
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Plan. A former Participant has 60 days following termination of participation to file claims for
services performed prior to this date. A former Participant may continue to file claims against
their accrued account balance until depleted, but only if the company is subject to COBRA, and
only if the group insurance and HRA COBRA option of continued coverage is elected, and
then only for the duration of COBRA coverage. In the case of the death of the Participant, any
remaining balances may only be paid out as reimbursements for Qualifying Medical Expenses
and shall not constitute a death benefit to the Participant's estate and/or the Participant's
beneficiaries.
ARTICLE III
BENEFITS
3.1 Establishment of Plan
(a) This Health Reimbursement Arrangement is intended to qualify as a Health
Reimbursement Arrangement under Code Section 105 and shall be interpreted in a
manner consistent with such Code Section and the Treasury regulations thereunder.
(b) The Employer does maintain a Health Flexible Spending Account and/or Cafeteria Plan.
Participants in this Health Reimbursement Arrangement may submit claims for the
reimbursement of Qualifying Medical Expenses for services that were incurred during
the Coverage Period. The HRA Plan will reimburse you in conjunction with the Cafeteria
Plan, if applicable. Separate accounts are held for the HRA and Cafeteria Plan. The
funds from the HRA and Cafeteria plan will not be co -mingled.
(c) The Employer shall make available to each Participant an Employer Contribution for the
reimbursement of Qualifying Medical Expenses. The Employer shall contribute the
following annual amount:
Non -Exempt Employees:
(1) $300 per year per single Participant;
(2) $525 per year per Participant and 1 dependent; or
(3) $600 per year per Participant and family.
Exempt Employees:
(1) $600 per year per single Participant;
(2) $825 per year per Participant and 1 dependent; or
(3) $900 per year per Participant and family.
Any Employee who opts -out of the Employer sponsored Group Health Insurance shall
receive the following additional annual amount:
(1) $5,502.00 per year per single Participant;
(2) $11,904.84 per year per Participant and 1 dependent; or
(3) $17,099.52 per year per Participant and family.
No salary reductions may be made to this Health Reimbursement Arrangement.
(d) This Plan shall not be coordinated or otherwise connected to the Employer's cafeteria
plan (as defined in Code Section 125), except as permitted by the Code and the Treasury
regulations thereunder, to the extent necessary to maintain this Plan as a Health
Reimbursement Arrangement.
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3.2 Nondiscrimination Requirements
(a) It is the intent of this Health Reimbursement Arrangement not to discriminate in
violation of the Code and the Treasury regulations thereunder.
(b) If the Administrator deems it necessary to avoid discrimination under this Health
Reimbursement Arrangement, it may, but shall not be required to reduce benefits
provided to "highly compensated individuals' (as defined in Code Section 105(h)) in
order to assure compliance with this Section. Any act taken by the Administrator under
this Section shall be carried out in a uniform and nondiscriminatory manner.
3.3 Health Reimbursement Arrangement Claims
(a) The Administrator shall direct the reimbursement to each eligible Participant for all
Qualifying Medical Expenses. All Qualifying Medical Expenses eligible for
reimbursement pursuant to Section 3.1(b) shall be reimbursed during the Coverage
Period, even though the submission of such a claim occurs after his participation
hereunder ceases; but provided that the Qualifying Medical Expenses were incurred
during a Coverage Period. Claims must include receipts or documentation that the
expense being incurred is eligible for reimbursement, in order to claim reimbursement.
Expenses may be reimbursed up to 90 days after the end of the Coverage Period.; and
Section 3.3(c) below. However, a Participant may not submit claims incurred prior to
beginning participation in the Plan and/or the Effective Date of the Plan, whichever is
earlier.
(b) Notwithstanding the foregoing, Qualifying Medical Expenses shall not be reimbursable
under this Plan if eligible for reimbursement and claimed under the Employer's Health
Flexible Spending Account or Health Savings Account, if applicable.
(c) Claims for the reimbursement of Qualifying Medical Expenses incurred in any Coverage
Period shall be paid as soon after a claim has been filed as is administratively practicable.
However, if a Participant fails to submit a claim within 90 days immediately following
the end of the Coverage Period, those Medical Expense claims shall not be considered for
reimbursement by the Administrator.
(d) Reimbursement payments under this Plan shall be made directly to the Participant.
(e) If the maximum amount available for reimbursement for a Coverage Period is not
utilized in its entirety, such remainder shall be forfeited.
3.4 Debit and Credit Cards
(a) Participants may, subject to a procedure established by the Administrator and
applied in a uniform nondiscriminatory manner, use debit and/or credit (stored value)
cards ("cards") provided by the Administrator and the Plan for payment of Qualifying
Medical Expenses, subject to the following terms:
(b) Each Participant issued a card shall certify that such card shall only be used for Medical
Expenses. The Participant shall also certify that any Medical Expense paid with the card
has not already been reimbursed by any other plan covering health benefits and that the
Participant will not seek reimbursement from any other plan covering health benefits.
(c) Such card shall be issued upon the Participant's Effective Date of Participation and
reissued for each Coverage Period the Participant remains a Participant in the Health
Reimbursement Arrangement. Such card shall be automatically cancelled upon the
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Participant's death or termination of employment, or if such Participant withdraws from
the Health Reimbursement Arrangement.
(d) The dollar amount of coverage available on the card shall be the amount elected by the
Participant for the Plan Year. The maximum dollar amount of coverage available shall be
the maximum amount for the Plan Year as set forth in Section 3.1(c).
(e) The cards shall only be accepted by such merchants and service providers as have been
approved by the Administrator.
(f)
(g)
The cards shall only be used for Medical Expense purchases at these providers,
including, but not limited to, the following:
(i) Co -payments for doctor and other medical care;
(ii) Purchase of prescription drugs;
(iii) Purchase of medical items such as eyeglasses, syringes, crutches, etc.
(iv) Effective January 1, 2011, "over-the-counter' drugs obtained under a
prescription to treat a medical condition may not be purchased with the
debit card that has been issued to be used in conjunction with the Plan.
A manual claim must be submitted and a copy of the prescription for the
"over-the-counter" medicine must be included with the claim in order
for it to be a reimbursable expense.
Such purchases by the cards shall be subject to substantiation by the Administrator,
usually by submission of a receipt from a merchant or service provider describing the
service or product, the date of the purchase and the amount. Some charges shall be
considered substantiated at the time of charge by the nature of the charge, such as co -
payments. Some charges shall be considered substantiated due to their "recurring"
nature, in which the expenses match expenses previously approved as to amount,
provider, and time period. At point of sale, the service provider or merchant can provide
information to the Administrator to substantiate the charge. All charges shall be
conditional pending confirmation and substantiation.
(h) If such purchase is later determined by the Administrator to not to be a Qualifying
Medical Expense, the Administrator, in its discretion, shall use the one of the following
correction methods to make the Plan whole. Until the amount is repaid, the
Administrator shall take further action to ensure that further violations of the terms of
the card do not occur, up to and including denial of access to the card.
0) Repayment of the improper amount by the Participant;
(ii) Withholding the improper payment from the Participant's wages or
other compensation to the extent consistent with applicable federal or
state law;
(iii) Claims substitution or offset of future claims until the amount is repaid.
ARTICLE IV
ERISA PROVISIONS
4.1 Claim for Benefits
Any claim for Benefits shall be made to the Administrator. The following timetable for claims
and rules below apply:
Notification of whether claim is accepted or denied 30 days
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Extension due to matters beyond the control of the Plan 15 days
Insufficient information on the Claim:
Notification of 15 days
Response by Participant 45 days
Review of claim denial 60 days
The Administrator will provide written or electronic notification of any claim denial. The
notice will state:
(1) The specific reason or reasons for the denial.
(2) Reference to the specific Plan provisions on which the denial was based.
(3)
A description of any additional material or information necessary for the
claimant to perfect the claim and an explanation of why such material or
information is necessary.
(4) A description of the Plari s review procedures and the time limits applicable to
such procedures. This will include a statement of the right to bring a civil action
under section 502 of ERISA following a denial on review.
(5)
A statement that the claimant is entitled to receive, upon request and free of
charge reasonable access to, and copies of, all documents, records, and other
information relevant to the Claim.
(6) If the denial was based on an internal rule, guideline, protocol, or other similar
criterion, the specific rule, guideline, protocol, or criterion will be provided free
of charge. If this is not practical, a statement will be included that such a rule,
guideline, protocol, or criterion was relied upon in making the denial and a copy
will be provided free of charge to the claimant upon request.
When the Participant receives a denial, the Participant shall have 180 days following receipt of
the notification in which to appeal the decision. The Participant may submit written comments,
documents, records, and other information relating to the Claim. If the Participant requests, the
Participant shall be provided, free of charge, reasonable access to, and copies of, all documents,
records, and other information relevant to the Claim.
The period of time within which a denial on review is required to be made will begin at the
time an appeal is filed in accordance with the procedures of the Plan. This timing is without
regard to whether all the necessary information accompanies the filing.
A document, record, or other information shall be considered relevant to a Claim if it:
(1) was relied upon in making the claim determination;
(2) was submitted, considered, or generated in the course of making the claim
determination, without regard to whether it was relied upon in making the claim
determination;
(3) demonstrated compliance with the administrative processes and safeguards
designed to ensure and to verify that claim determinations are made in
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accordance with Plan documents and Plan provisions have been applied
consistently with respect to all claimants; or
(4) constituted a statement of policy or guidance with respect to the Plan concerning
the denied claim.
The review will take into account all comments, documents, records, and other information
submitted by the claimant relating to the Claim, without regard to whether such information
was submitted or considered in the initial claim determination. The review will not afford
deference to the initial denial and will be conducted by a fiduciary of the Plan who is neither
the individual who made the adverse determination nor a subordinate of that individual.
4.2 Named Fiduciary
The "named Fiduciaries' of this Plan are (1) the Employer and (2) the Administrator. The
named Fiduciaries shall have only those specific powers, duties, responsibilities, and
obligations as are specifically given them under the Plan including, but not limited to, any
agreement allocating or delegating their responsibilities, the terms of which are incorporated
herein by reference. In general, the Employer shall have the sole responsibility for providing
benefits under the Plan; and shall have the sole authority to appoint and remove the
Administrator; and to amend the provisions of the Plan or terminate, in whole or in part, the
Plan. The Administrator shall have the sole responsibility for the administration of the Plan,
which responsibility is specifically described in the Plan. Furthermore, each named Fiduciary
may rely upon any such direction, information or action of another named Fiduciary as being
proper under the Plan, and is not required under the Plan to inquire into the propriety of any
such direction, information or action. It is intended under the Plan that each named Fiduciary
shall be responsible for the proper exercise of its own powers, duties, responsibilities and
obligations under the Plan. Any person or group may serve in more than one Fiduciary
capacity.
4.3 General Fiduciary Responsibilities
The Administrator and any other fiduciary under ERISA shall discharge their duties with
respect to this Plan solely in the interest of the Participants and their beneficiaries and
(a) for the exclusive purpose of providing Benefits to Participants and their beneficiaries and
defraying reasonable expenses of administering the Plan;
(b) with the care, skill, prudence and diligence under the circumstances then prevailing that
a prudent man acting in like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like aims; and
(c) in accordance with the documents and instruments governing the Plan insofar as such
documents and instruments are consistent with ERISA.
4.4 Nonassignability of Rights
The right of any Participant to receive any reimbursement under the Plan shall not be alienable
by the Participant by assignment or any other method, and shall not be subject to the rights of
creditors, and any attempt to cause such right to be so subjected shall not be recognized, except
to such extent as may be required by law.
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ARTICLE V
ADMINISTRATION
5.1 Plan Administration
The operation of the Plan shall be under the supervision of the Administrator. It shall be a
principal duty of the Administrator to see that the Plan is carried out in accordance with its
terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The
Administrator shall have full power to administer the Plan in all of its details, subject, however,
to the pertinent provisions of the Code. The Administrator's powers shall include, but shall not
be limited to the following authority, in addition to all other powers provided by this Plan:
(a) To make and enforce such rules and regulations as the Administrator deems necessary or
proper for the efficient administration of the Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in good faith to be final
and conclusive on all persons claiming benefits under the Plan;
(c) To decide all questions concerning the Plan and the eligibility of any person to
participate in the Plan and to receive benefits provided under the Plan;
(d) To limit benefits for certain highly compensated individuals if it deems such to be
desirable in order to avoid discrimination under the Plan in violation of applicable
provisions of the Code;
(e) To approve reimbursement requests and to authorize the payment of benefits; and
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(g)
To appoint such agents, counsel, accountants, consultants, and actuaries as may be
required to assist in administering the Plan.
To establish and communicate procedures to determine whether a medical child support
order is qualified under ERISA Section 609.
Any procedure, discretionary act, interpretation or construction taken by the Administrator
shall be done in a nondiscriminatory manner based upon uniform principles consistently
applied and shall be consistent with the intent that the Plan shall continue to comply with the
terms of Code Section 105(h) and the Treasury regulations thereunder.
5.2 Examination of Records
The Administrator shall make available to each Participant, Eligible Employee and any other
Employee of the Employer such records as pertain to their interest under the Plan for
examination at reasonable times during normal business hours.
5.3 Indemnification of Administrator
The Employer agrees to indemnify and to defend to the fullest extent permitted by law any
Employee serving as the Administrator or as a member of a committee designated as
Administrator (including any Employee or former Employee who previously served as
Administrator or as a member of such committee) against all liabilities, damages, costs and
expenses (including attorney's fees and amounts paid in settlement of any claims approved by
the Employer) occasioned by any act or omission to act in connection with the Plan, if such act
or omission is in good faith.
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ARTICLE VI
AMENDMENT OR TERMINATION OF PLAN
6.1 Amendment
The Employer, at any time or from time to time, may amend any or all of the provisions of the
Plan without the consent of any Employee or Participant.
6.2 Termination
The Employer is establishing this Plan with the intent that it will be maintained for an
indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to
terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no
further reimbursements shall be made.
ARTICLE VII
MISCELLANEOUS
7.1 Plan Interpretation
All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory
manner. This Plan shall be read in its entirety and not severed except as provided in Section
7.11.
7.2 Gender and Number
Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be
construed as though they were also used in another gender in all cases where they would so
apply, and whenever any words are used herein in the singular or plural form, they shall be
construed as though they were also used in the other form in all cases where they would so
apply.
7.3 Written Document
This Plan, in conjunction with any separate written document which may be required by law, is
intended to satisfy the written Plan requirement of Code Section 105 and any Treasury
regulations thereunder.
7.4 Exclusive Benefit
This Plan shall be maintained for the exclusive benefit of the Employees who participate in the
Plan.
7.5 Participant's Rights
This Plan shall not be deemed to constitute an employment contract between the Employer and
any Participant or to be a consideration or an inducement for the employment of any
Participant or Employee. Nothing contained in this Plan shall be deemed to give any
Participant or Employee the right to be retained in the service of the Employer or to interfere
with the right of the Employer to discharge any Participant or Employee at any time regardless
of the effect which such discharge shall have upon him as a Participant of this Plan.
13
6-8
7.6 Action by the Employer
Whenever the Employer under the terms of the Plan is permitted or required to do or perform
any act or matter or thing, it shall be done and performed by a person duly authorized by its
legally constituted authority.
7.7 No Guarantee of Tax Consequences
Neither the Administrator nor the Employer makes any commitment or guarantee that any
amounts paid to or for the benefit of a Participant under the Plan will be excludable from the
Participant's gross income for federal or state income tax purposes, or that any other federal or
state tax treatment will apply to or be available to any Participant. It shall be the obligation of
each Participant to determine whether each payment under the Plan is excludable from the
Participant's gross income for federal and state income tax purposes, and to notify the
Employer if the Participant has reason to believe that any such payment is not so excludable.
Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally
enforceable.
7.8 Indemnification of Employer by Participants
If any Participant receives one or more payments or reimbursements under the Plan that are
not for a permitted Medical Expense such Participant shall indemnify and reimburse the
Employer for any liability it may incur for failure to withhold federal or state income tax or
Social Security tax from such payments or reimbursements. However, such indemnification
and reimbursement shall not exceed the amount of additional federal and state income tax
(plus any penalties) that the Participant would have owed if the payments or reimbursements
had been made to the Participant as regular cash compensation, plus the Participant's share of
any Social Security tax that would have been paid on such compensation, less any such
additional income and Social Security tax actually paid by the Participant.
7.9 Funding
Unless otherwise required by law, amounts made available by the Employer need not be placed
in trust, but may instead be considered general assets of the Employer. Furthermore, and unless
otherwise required by law, nothing herein shall be construed to require the Employer or the
Administrator to maintain any fund or segregate any amount for the benefit of any Participant,
and no Participant or other person shall have any claim against, right to, or security or other
interest in, any fund, account or asset of the Employer from which any payment under the Plan
may be made.
7.10 Governing Law
This Plan and Trust shall be construed and enforced according to the Code, ERISA, and the
laws of the state or commonwealth in which the Employer's principal office is located, other
than its laws respecting choice of law, to the extent not pre-empted by ERISA.
7.11 Severability
If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability
shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced
as if such provision had not been included herein.
14
6-8
7.12 Headings
The headings and subheadings of this Plan have been inserted for convenience of reference and
are to be ignored in any construction of the provisions hereof.
7.13 Continuation of Coverage
Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan
subject to the continuation coverage requirement of Code Section 4980B becomes unavailable,
each qualified beneficiary (as defined in Code Section 4980B) will be entitled to continuation
coverage as prescribed in Code Section 4980B.
7.14 Family and Medical Leave Act
Notwithstanding anything in the Plan to the contrary, in the event any benefit under this Plan
becomes subject to the requirements of the Family and Medical Leave Act and regulations
thereunder, this Plan shall be operated in accordance with Regulation 1.125-3.
7.15 Health Insurance Portability and Accountability Act
Notwithstanding anything in this Plan to the contrary, this Plan shall be operated in accordance
with HIPAA and regulations thereunder.
7.16 Uniformed Services Employment and Reemployment Rights Act
Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service
credit with respect to qualified military service shall be provided in accordance with USERRA
and the regulations thereunder.
7.17 HIPAA Privacy Standards
(a) If this Plan is subject to the Standards for Privacy of Individually Identifiable Health
Information (45 CFR Part 164, the "Privacy Standards'), then this Section shall apply.
(b) The Plan shall not disclose Protected Health Information to any member of Employer's
workforce unless each of the conditions set out in this Section are met. "Protected Health
Information" shall have the same definition as set forth in the Privacy Standards but
generally shall mean individually identifiable information about the past, present or
future physical or mental health or condition of an individual, including information
about treatment or payment for treatment.
(c) Protected Health Information disclosed to members of Employer's workforce shall be
used or disclosed by them only for purposes of Plan administrative functions. The Plan s
administrative functions shall include all Plan payment functions and health care
operations. The terms "payment" and "health care operations" shall have the same
definitions as set out in the Privacy Standards, but the term "payment" generally shall
mean activities taken to determine or fulfill Plan responsibilities with respect to
eligibility, coverage, provision of benefits, or reimbursement for health care.
15
6-8
(d) The Plan shall disclose Protected Health Information only to members of the Employer's
workforce who are authorized to receive such Protected Health Information, and only to
the extent and in the minimum amount necessary for that person to perform his or her
duties with respect to the Plan. "Members of the Employer's workforce' shall refer to all
employees and other persons under the control of the Employer. The Employer shall
keep an updated list of those authorized to receive Protected Health Information.
(1) An authorized member of the Employer's workforce who receives
Protected Health Information shall use or disclose the Protected Health
Information only to the extent necessary to perform his or her duties with
respect to the Plan.
(2) In the event that any member of the Employer's workforce uses or
discloses Protected Health Information other than as permitted by this
Section and the Privacy Standards, the incident shall be reported to the
Plari s privacy officer. The privacy officer shall take appropriate action,
including:
(i)
investigation of the incident to determine whether the breach
occurred inadvertently, through negligence or deliberately;
whether there is a pattern of breaches; and the degree of harm
caused by the breach;
(ii) appropriate sanctions against the persons causing the breach
which, depending upon the nature of the breach, may include oral
or written reprimand, additional training, or termination of
employment;
(iii) mitigation of any harm caused by the breach, to the extent
practicable; and
(iv) documentation of the incident and all actions taken to resolve the
issue and mitigate any damages.
(e) The Employer must provide certification to the Plan that it agrees to:
(1) Not use or further disclose the information other than as permitted or
required by the Plan documents or as required by law;
(2) Ensure that any agent or subcontractor, to whom it provides Protected
Health Information received from the Plan, agrees to the same
restrictions and conditions that apply to the Employer with respect to such
information;
(3)
Not use or disclose Protected Health Information for employment -related
actions and decisions or in connection with any other benefit or employee
benefit plan of the Employer;
(4) Report to the Plan any use or disclosure of the Protected Health
Information of which it becomes aware that is inconsistent with the uses or
disclosures permitted by this Section, or required by law;
(5)
Make available Protected Health Information to individual Plan members
in accordance with Section 164.524 of the Privacy Standards;
16
6-8
(6) Make available Protected Health Information for amendment by
individual Plan members and incorporate any amendments to Protected
Health Information in accordance with Section 164.526 of the Privacy
Standards;
(7)
(8)
(9)
Make available the Protected Health Information required to provide an
accounting of disclosures to individual Plan members in accordance with
Section 164.528 of the Privacy Standards;
Make its internal practices, books and records relating to the use and
disclosure of Protected Health Information received from the Plan
available to the Department of Health and Human Services for purposes of
determining compliance by the Plan with the Privacy Standards;
If feasible, return or destroy all Protected Health Information received
from the Plan that the Employer still maintains in any form, and retain no
copies of such information when no longer needed for the purpose for
which disclosure was made, except that, if such return or destruction is not
feasible, limit further uses and disclosures to those purposes that make the
return or destruction of the information infeasible; and
(10) Ensure the adequate separation between the Plan and members of the
Employer's workforce, as required by Section 164.504(f)(2)(iii) of the
Privacy Standards and set out in (d) above.
7.18 HIPAA Electronic Security Standards
If this Plan is subject to the Security Standards for the Protection of Electronic Protected Health
Information (45 CFR Part 164.300 et. seq., the "Security Standards'), then this Section shall apply
as follows:
(a) The Employer agrees to implement reasonable and appropriate administrative, physical
and technical safeguards to protect the confidentiality, integrity and availability of
Electronic Protected Health Information that the Employer creates, maintains or transmits
on behalf of the Plan. "Electronic Protected Health Information" shall have the same
definition as set out in the Security Standards, but generally shall mean Protected Health
Information that is transmitted by or maintained in electronic media.
(b)
The Employer shall ensure that any agent or subcontractor to whom it provides Electronic
Protected Health Information shall agree, in writing, to implement reasonable and
appropriate security measures to protect the Electronic Protected Health Information.
(c) The Employer shall ensure that reasonable and appropriate security measures are
implemented to comply with the conditions and requirements set forth in Section 7.17.
(d) The Plan shall not disclose Protected Health Information to any member of Employer's
workforce unless each of the conditions set out in this Section are met. "Protected Health
Information" shall have the same definition as set forth in the Privacy Standards but
generally shall mean individually identifiable information about the past, present or
future physical or mental health or condition of an individual, including information
about treatment or payment for treatment.
(e) Protected Health Information disclosed to members of Employer's workforce shall be
used or disclosed by them only for purposes of Plan administrative functions. The Plari s
administrative functions shall include all Plan payment functions and health care
operations. The terms "payment" and "health care operations" shall have the same
17
6-8
definitions as set out in the Privacy Standards, but the term "payment" generally shall
mean activities taken to determine or fulfill Plan responsibilities with respect to
eligibility, coverage, provision of benefits, or reimbursement for health care.
The Plan shall disclose Protected Health Information only to members of the Employer's
workforce, who are authorized to receive such Protected Health Information, and only to
the extent and in the minimum amount necessary for that person to perform his or her
duties with respect to the Plan. "Members of the Employer's workforce" shall refer to all
employees and other persons under the control of the Employer. The Employer shall
keep an updated list of those authorized to receive Protected Health Information.
(1) An authorized member of the Employer's workforce who receives
Protected Health Information shall use or disclose the Protected Health
Information only to the extent necessary to perform his or her duties with
respect to the Plan.
(2) In the event that any member of the Employer's workforce uses or
discloses Protected Health Information other than as permitted by this
Section and the Privacy Standards, the incident shall be reported to the
Plari s privacy officer. The privacy officer shall take appropriate action,
including:
(i)
investigation of the incident to determine whether the breach
occurred inadvertently, through negligence or deliberately;
whether there is a pattern of breaches; and the degree of harm
caused by the breach;
(ii) appropriate sanctions against the persons causing the breach
which, depending upon the nature of the breach, may include oral
or written reprimand, additional training, or termination of
employment;
(iii) mitigation of any harm caused by the breach, to the extent
practicable; and
(iv) documentation of the incident and all actions taken to resolve the
issue and mitigate any damages.
The Employer must provide certification to the Plan that it agrees to:
(1) Not use or further disclose the information other than as permitted or
required by the Plan documents or as required by law;
(2) Ensure that any agent or subcontractor, to whom it provides Protected
Health Information received from the Plan, agrees to the same
restrictions and conditions that apply to the Employer with respect to such
information;
(3)
Not use or disclose Protected Health Information for employment -related
actions and decisions or in connection with any other benefit or employee
benefit plan of the Employer;
(4) Report to the Plan any use or disclosure of the Protected Health
Information of which it becomes aware that is inconsistent with the uses or
disclosures permitted by this Section, or required by law;
18
6-8
(5) Make available Protected Health Information to individual Plan members
in accordance with Section 164.524 of the Privacy Standards;
(6) Make available Protected Health Information for amendment by
individual Plan members and incorporate any amendments to Protected
Health Information in accordance with Section 164.526 of the Privacy
Standards;
(7)
Make available the Protected Health Information required to provide an
accounting of disclosures to individual Plan members in accordance with
Section 164.528 of the Privacy Standards;
(8) Make its internal practices, books and records relating to the use and
disclosure of Protected Health Information received from the Plan
available to the Department of Health and Human Services for purposes of
determining compliance by the Plan with the Privacy Standards;
(9)
If feasible, return or destroy all Protected Health Information received
from the Plan that the Employer still maintains in any form, and retain no
copies of such information when no longer needed for the purpose for
which disclosure was made, except that, if such return or destruction is not
feasible, limit further uses and disclosures to those purposes that make the
return or destruction of the information infeasible; and
(10) Ensure the adequate separation between the Plan and members of the
Employer's workforce, as required by Section 164.504(f)(2)(iii) of the
Privacy Standards and set out in (d) above.
7.19 Change In Status
(a) Change in status defined. Any Participant may change a Benefit election after the
Plan Year (to which such election relates) has commenced and make new elections
with respect to the remainder of such Plan Year if, under the facts and circumstances, the
changes are necessitated by and are consistent with a change in status which is acceptable
under rules and regulations adopted by the Department of the Treasury.
Notwithstanding anything herein to the contrary, if the rules and regulations conflict, then
such rules and regulations shall control.
(b)
Special enrollment rights. Notwithstanding subsection (a), the Participants may change an
election for accident or health coverage during a Plan Year and make a new election that
corresponds with the special enrollment rights provided in Code Section 9801(f), including
those authorized under the provisions of the Children's Health Insurance Program
Reauthorization Act of 2009 (SCHIP); provided that such Participant meets the sixty (60) day
notice requirement imposed by Code Section 9801(f) (or such longer period as may be
permitted by the Plan and communicated to Participants). Such change shall take place on a
prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive.
7.20 Mental Health Parity And Addiction Equity Act (USERRA)
Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental
Health Parity and Addition Equity Act and ERISA Section 712.
7.21 Genetic Information Nondiscrimination Act (GINA)
Notwithstanding anything in the Plan to the contrary, the Plan will comply with the
Genetic Information Nondiscrimination Act.
19
6-8
7.22 Womeri s Health and Cancer Rights Act
Notwithstanding anything in the Plan to the contrary, the Plan will comply with the
Women's Health and Cancer Rights Act of 1998.
7.23 Newborns and Mothers' Health Protection Act
Notwithstanding anything in the Plan to the contrary, the Plan will comply with the
Newborns' and Mothers' Health Protection Act.
20
6-8
IN WITNESS WHEREOF, this HRA Plan document is hereby executed this day of
Moab City Corporation
By
Title:
Date:
21
6-8
CERTIFICATE OF CORPORATE RESOLUTION
The undersigned Secretary of Moab City Corporation (the Corporation) hereby certifies that the
following resolutions were duly adopted by the board of directors of the Corporation on
, and that such resolutions have not been modified or rescinded as of the date
hereof:
RESOLVED, that the form of amended Health Reimbursement Arrangement effective September
1, 2010, presented to this meeting is hereby approved and adopted and that the proper officers of the
Corporation are hereby authorized and directed to execute and deliver to the Administrator of the Plan
one or more counterparts of the Plan.
RESOLVED, that the Administrator shall be instructed to take such actions that are deemed
necessary and proper in order to implement the Plan, and to set up adequate accounting and
administrative procedures to provide benefits under the Plan.
RESOLVED, that the proper officers of the Corporation shall act as soon as possible to notify the
employees of the Corporation of the adoption of the Health Reimbursement Arrangement Plan by
delivering to each employee a copy of the summary description of the Plan in the form of the Summary
Plan Description presented to this meeting, which form is hereby approved.
The undersigned further certifies that attached hereto are true copies of the Health
Reimbursement Arrangement Plan as amended and restated and the Summary Plan Description
approved and adopted in the foregoing resolutions.
Secretary
Date:
22
6-8
CITY OF MOAB
FLEXIBLE BENEFITS PLAN ELECTION FORM/CONTRACT
AND COMPENSATION REDUCTION AGREEMENT
Employee Name: «F2»
Employee Address: «F3», «F4», «F5», «Fe»
Plan Year: JANUARY TO DECEMBER 2011
As an eligible employee in the above plan, I acknowledge that I have received the Summary Plan Description, I have read the
Summary Plan Description, and I understand the benefits available to me a well as the other rights and obligations which I have under
the plan.
ELECTION OF MEDICAL REIMBURSEMENTS
( X ) I elect to receive medical reimbursements for the plan year.
( ) The City contribution amount for Deductible Offset will be -
$ .00, for the plan year.
( ) The City contribution amount for Exempt Deductible offset will be -
$ .00, for the plan year.
( ) The City contribution amount for Medical Reimbursement will be -
$ , for the plan year.
( ) The amount of Compensation Redirection (monies withheld from your check) will be -
$ ,for the plan year.
I understand the following:
❑ The maximum medical and dental contribution from employees' wages for expenses subject to reimbursement during any plan
year for any Participant shall not exceed the greater of 1 /12 of Participant's annual income or $ 3,000.
❑ Employees with other medical coverage may be eligible for a contribution to their Flexible Benefits Plan made by the City of
Moab for eligible medical expenses as provided for by Moab City Resolution #13-93.
❑ Reimbursements will be available only for qualifying medical care expenses. Publication 969 provided by the Internal Revenue
Service states that, generally, qualifying medical care expenses for flexible spending accounts are those medical expenses
normally deductible on my federal income tax return (without regard to the percentage of adjusted gross income limitation, as
listed in). Paragraph 59 of the 2007 U.S. Master Tax Guide offers a checklist of some specific medical expenses and the authority
for the deductibility of these types of expenses. Qualifying medical care expenses include expenses incurred for the following:
❑ Medicines, drugs, birth control pills, vaccines, and vitamins prescribed by a doctor.
❑ Medical doctors, dentists, eye doctors, chiropractors, osteopaths, podiatrists, psychiatrists, psychologists, physical therapists,
acupuncturists, and psychoanalysts (medical care only).
❑ Medical examinations, X-ray and laboratory services and insulin treatments.
❑ Nursing help. If you pay someone to do both nursing and housework, you can be reimbursed only for the cost of the nursing help.
❑ Hospital care including meals and lodging, clinic costs, and lab fees.
❑ Medical treatments at a center for substance abuse.
6-9
Q' M e d i c a l a i d s s u c h a s h e a r i n g a i d s ( a n d b a t t e r i e s ) , f a l s e t e e t h , e y e g l a s s e s , c o n t a c t l e n s e s , b r a c e s , o r t h o p e d i c s h o e s , c r u t c h e s ,
w h e e l c h a i r s , g u i d e d o g s a n d t h e c o s t o f m a i n t a i n i n g t h e m .
Q' A m b u l a n c e s e r v i c e s a n d o t h e r t r a v e l c o s t s t o g e t m e d i c a l c a r e . I f y o u u s e y o u r o w n c a r , y o u c a n c l a i m t h e m i l e a g e r a t e a s
a d o p t e d b y t h e I n t e r n a l R e v e n u e S e r v i c e . A d d p a r k i n g a n d t o l l s t o t h e a m o u n t y o u c l a i m .
Q' Q u a l i f y i n g m e d i c a l c a r e e x p e n s e s i n c u r r e d f o r t h e f o l l o w i n g m u s t b e a c c o m p a n i e d b y a d o c t o r ' s c e r t i f i c a t i o n i n d i c a t i n g t h e
s p e c i f i c m e d i c a l d i s o r d e r , t h e s p e c i f i c t r e a t m e n t n e e d e d , a n d h o w t h i s t r e a t m e n t w i l l a l l e v i a t e t h e m e d i c a l c o n d i t i o n :
Q' H a i r c a r e f o r l i c e a n d p s o r i a s i s c o n t r o l ; h a i r r e - g r o w t h / R o g a i n e i f h a i r l o s s i s d u e t o a m e d i c a l c o n d i t i o n
Q' S k i n c a r e p r o d u c t i o n s f o r p h y s i c i a n ' s d i a g n o s i s o f s k i n p r o b l e m o r c a n c e r
Q' S l e e p a i d s , s u c h a s o r a l m e d i c a t i o n s , s n o r i n g s t r i p s , e t c . u n d e r t h e d i r e c t i o n o f a n d p r e s c r i b e d b y a p h y s i c i a n
Q' V i t a m i n s a n d s u p p l e m e n t s , h e r b a l s u p p l e m e n t s a s p r e s c r i b e d b y a p h y s i c i a n , s u c h a s c a l c i u m f o r w o m e n t o t r e a t o s t e o p o r o s i s , n o t
t o p r e v e n t i t
Q' W e i g h t r e d u c t i o n a i d s , s u c h a s a p p e t i t e s u p p r e s s a n t s , w a t e r r e t e n t i o n p r o d u c t s , u n d e r t h e d i r e c t i o n o f a n d p r e s c r i b e d b y a
p h y s i c i a n f o r a m e d i c a l c o n d i t i o n
" O v e r - t h e - c o u n t e r i t e m s a s f o l l o w s : a d h e s i v e o r e l a s t i c b a n d a g e s , b l o o d p r e s s u r e m e t e r , c o l d o r h o t c o m p r e s s e s , e y e d r o p s , f o o t
s p a , g a u z e a n d t a p e , g l o v e s a n d m a s k s , l e g o r a r m b r a c e s , m a s s a g e r s , s a l i n e n o s e d r o p s , s p e c i a l t e e t h c l e a n i n g s y s t e m ,
t h e r m o m e t e r s
Q' I a g r e e t o n o t i f y t h e E m p l o y e r i f I h a v e r e a s o n t o b e l i e v e t h a t a n y e x p e n s e f o r w h i c h I h a v e o b t a i n e d r e i m b u r s e m e n t i s n o t a
q u a l i f y i n g e x p e n s e . I a l s o a g r e e t o i n d e m n i f y a n d r e i m b u r s e t h e E m p l o y e r o n d e m a n d f o r a n y l i a b i l i t y i t m a y i n c u r f o r f a i l u r e t o
w i t h h o l d f e d e r a l , s t a t e o r l o c a l i n c o m e t a x o r S o c i a l S e c u r i t y t a x f r o m a n y r e i m b u r s e m e n t I r e c e i v e o f a n o n - q u a l i f y i n g e x p e n s e ,
u p t o t h e a m o u n t o f a d d i t i o n a l t a x a c t u a l l y o w e d b y m e .
Q' T h i s s e c t i o n o f t h e a g r e e m e n t w i l l a u t o m a t i c a l l y t e r m i n a t e i f t h e P l a n i s t e r m i n a t e d o r d i s c o n t i n u e d .
Q' I a g r e e t o p r o v i d e t h e P l a n A d m i n i s t r a t o r w i t h a n e x p l a n a t i o n o f b e n e f i t s f r o m t h e i n s u r a n c e c o m p a n y a s p r o o f o f m y m o n e t a r y
r e s p o n s i b i l i t y .
Q' I f I c e a s e m y e m p l o y m e n t w i t h t h e E m p l o y e r , m y p a r t i c i p a t i o n i n t h e P l a n w i l l c e a s e . N o f u r t h e r c o n t r i b u t i o n s w i l l b e m a d e t o
t h e P l a n o n m y b e h a l f , a l t h o u g h I m a y b e e n t i t l e d t o r e i m b u r s e m e n t s f o r c l a i m s i n c u r r e d p r i o r t o m y d a t e o f t e r m i n a t i o n .
Q' I c a n n o t s e e k r e i m b u r s e m e n t f r o m t h i s a c c o u n t f o r a m e d i c a l e x p e n s e w h i c h I i n t e n d o n t a k i n g a s a d e d u c t i o n o r c r e d i t o n m y t a x
r e t u r n .
Y o u c a n n o t o b t a i n r e i m b u r s e m e n t f o r t h e f o l l o w i n g :
Q' T h e b a s i c c o s t o f M e d i c a r e i n s u r a n c e ( M e d i c a r e A ) .
Q' L i f e i n s u r a n c e o r i n c o m e p r o t e c t i o n p o l i c i e s .
Q' A c c i d e n t i n s u r a n c e f o r y o u o r m e m b e r s o f y o u r f a m i l y .
Q' E m p l o y e r s p o n s o r e d h e a l t h i n s u r a n c e c o v e r a g e f o r y o u o r m e m b e r s o f y o u r f a m i l y f o r p l a n s n o t s p o n s o r e d b y t h e C i t y o f M o a b .
Q' H o s p i t a l i n s u r a n c e b e n e f i t s w i t h h e l d f r o m y o u r p a y a s p a r t o f t h e S o c i a l S e c u r i t y t a x o r p a i d a s p a r t o f S o c i a l S e c u r i t y s e l f -
e m p l o y m e n t t a x .
Q' N u r s i n g c a r e f o r a h e a l t h y b a b y .
Q' I l l e g a l o p e r a t i o n s o r d r u g s .
Q' T r a v e l y o u r d o c t o r p r e s c r i b e d f o r y o u f o r r e s t o r c h a n g e .
Q' C o s m e t i c S u r g e r y .
Q' A n y e x p e n s e r e c o m m e n d e d f o r t h e b e t t e r i n g o f g e n e r a l h e a l t h i s n o t e l i g i b l e ( e x a m p l e : h e a l t h f i t n e s s c l u b s o r c l a s s e s , e x e r c i s e
e q u i p m e n t )
Q' Q u a l i f y i n g m e d i c a l e x p e n s e s i n c l u d e o n l y t h o s e e x p e n s e s i n c u r r e d f o r t h e f o l l o w i n g i n d i v i d u a l s :
Q' Y o u
Q' Y o u r s p o u s e
Q' A l l d e p e n d e n t s y o u l i s t o n y o u r f e d e r a l t a x r e t u r n .
Q' A n y p e r s o n t h a t y o u c o u l d h a v e l i s t e d a s a d e p e n d e n t o n y o u r r e t u r n i f t h a t p e r s o n h a d n o t r e c e i v e d $ 2 , 4 5 0 o r m o r e o f g r o s s
i n c o m e o r h a d n o t f i l e d a j o i n t r e t u r n . T h i s a m o u n t i s a d j u s t e d e a c h y e a r f o r c o s t o f l i v i n g .
6 - 9
ELECTION OF DEPENDENT CARE REIMBURSEMENTS
(DEPENDENT DAYCARE)
( ) I elect to receive dependent care reimbursements for the plan year. The amount of compensation
redirection will be $ for the plan year.
I understand the following:
❑ Reimbursement will be available only for qualifying dependent care expenses as described in the Internal Revenue Code Section
129, the Plan document, and the Summary Plan Description.
❑ I agree to notify the Employer if I have reason to believe that any expense for which I have obtained reimbursement is not a
qualifying expense. I also agree to indemnify and reimburse the Employer on demand for any liability it may incur for failure to
withhold federal, state or local income tax or Social Security tax from any reimbursement I receive of a non -qualifying expense,
up to the amount of additional tax actually owed by me.
❑ I agree to provide the Plan Administrator with a statement from the service providers that includes the amount of the expense as
proof that the expense has been incurred.
❑ I agree to provide the Plan Administrator with the name, address, and if applicable, the taxpayer identification number of the
service providers.
❑ This section of the agreement will automatically terminate if the Plan is terminated or discontinued. I will, however, be entitled to
be reimbursed for eligible expenses (to the extent funded) for the remainder of the Plan year.
❑ I will only be reimbursed for amounts up to the balance in my account at the time of my request.
❑ I cannot claim a dependent care tax credit on amounts I receive as reimbursements under this dependent care assistance program.
❑ Under the plan you will be reimbursed only for dependent care expenses meeting all of the following conditions:
❑ The expenses are incurred for services rendered after the date of this election and during the Plan year to which it applies.
❑ Each individual for whom you incur the expenses is either of the following:
❑ a dependent under age 13 whom you are entitled to claim as a dependent (or a child or other dependent under age 13 whom you
are supporting but are not entitled to claim as a dependent only because of a written declaration of decree of divorce) on your
federal income tax return, or
❑ a spouse or other tax dependent (or a child you are supporting but are not entitled to claim as a dependent only because of a
written declaration or decree of divorce) who is physically or mentally incapable or caring for himself or herself
❑ The expenses are incurred for the care of a dependent described above, or for related household services, and are incurred to
enable you to be gainfully employed.
❑ If the expenses are incurred for services outside your household, they are incurred for the care of a dependent as described above,
or for an individual who regularly spends at least 8 hours per day in your household.
❑ If the expenses are incurred for services provided by a dependent care center (i.e., facility that provides care for more than six
individuals not residing at the facility), the center complies with all applicable state and local laws and regulation.
❑ The expenses are not paid or payable to a child of yours who is under age 19 at the end of the year in which the expenses are
incurred.
❑ The expenses are not paid or payable to an individual for whom you or your spouse is entitled to a personal tax exemption as a
dependent.
ELECTION NOT TO PARTICIPATE
I reject to following benefits offered me through the flexible benefits plan:
Group health insurance coverage
Medical reimbursements
Daycare reimbursements
6-9
OTHER TERMS AND CONDITIONS
I understand the following:
❑ I cannot change or revoke any of my elections or this compensation reduction agreement at any time during the plan year unless I
have a change in family status. Such changes shall be defined by the Internal Revenue Service and interpreted by the Plan
Administrator to permit a change or revocation of an election.
❑ The Plan Administrator may reduce or cancel my compensation reduction or otherwise modify this agreement in the event they
believe it advisable in order to satisfy certain provisions of the Internal Revenue Code.
❑ The reduction in my cash compensation under this agreement shall be in addition to any reductions under other agreements or
benefit programs maintained by my Employer.
❑ Any amounts that are not used during a Plan year to provide benefits will be forfeited and may not be paid to me in cash or used
to provide benefits specifically for me in another Plan year.
❑ Prior to the first day of each Plan year I will be offered the opportunity to change my benefit elections for the following Plan year.
If I do not complete and return a new election form at that time, I will be treated as having elected not to participate for the
following Plan year.
❑ This agreement is subject to the terms of the Employers Flexible Benefits Plan, as amended, shall be governed by and construed
in accordance with applicable laws, shall take effect as a sealed instrument under applicable laws, and revokes any prior election
and compensation reduction agreement relating to such plan.
Signature of Employee Date
Signature of Employers Authorized Representative Date
6-9
ORDINANCE #2011-02
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION
17.09.270, OFF-STREET PARKING AND LOADING -ACCESS TO FACILITIES WITH
CLARIFICATION OF THE TYPES OF ACCEPTABLE MATERIALS FOR THE
CONSTRUCTION OF DRIVEWAYS, PARKING, AND LOADING AREAS
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially
Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage
and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more
attractive and wholesome environment; and
WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to
make the text more contemporary, align the language with Utah State Code, and address changing
conditions or modify development requirements; and
WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public
hearing held on , 2010, to hear testimony and determine the merits of the changes to Code
Section 17.09.270, Off-street Parking an loading; and
WHEREAS, the Commission found that the proposed changes to said section would benefit the city in
reviewing all levels of development; and
WHEREAS, said amendments to Section 17.09.270 will benefit the residents and the City of Moab; and
WHEREAS the Commission unanimously voted to recommend that Council adopt the amended
language and that adoption of Ordinance #2011-02 as being in the best interests of the citizens of Moab;
and
WHEREAS, Council reviewed Ordinance #2011-02 in a regularly scheduled public meeting held on
, 2010, to hear and decide the merits of the proposed change to Section 17.09.720 of the Moab
Municipal Code; and,
WHEREAS, Council also found that the amendments to the code are in the best interests of the City and
its residents.
NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2011-02 is hereby
adopted to amend Section 17.09.270, Off-street parking and loading- Access to facilities, of the Moab
Municipal Code to read:
17.09.270 Off-street parking and loading -Access to facilities.
A. Access driveways shall be provided for adequate ingress to and egress from all
residential, institutional, industrial and commercial parking and loading facilities and be delineated as
described below. Each parking and loading space shall be easily accessible to the intended user. All off-
street parking, loading areas, and driveways shall be properly drained, have durable dust -free, all weather
surfaces and shall be maintained in a usable condition at all times.
1. Acceptable surface materials for parking, driveways, and loading areas are those that are
resistant to deterioration from weather and/or traffic. Such materials include, but are not
limited to: concrete, asphalt, sealed pavers, cobbles, sealed brick or any other material that
6-10
would have similar characteristics and uses. Pervious materials must demonstrate that they
function to the same level as those listed above so that dust is not generated and deleterious
materials are not deposited on the pavement of adjacent streets.
a. Exception. In residential zones where required lot sizes are a minimum of one acre or
more and the driveway exceeds seventy-five (75) feet in length, the access driveway
surface from the public right of way shall be constructed with acceptable materials for a
distance of not less than forty (40) feet from the edge of the right of way. The balance of
the drive may be constructed with unacceptable materials given that all required parking
areas shall comply with these regulations.
2. Unacceptable materials are those that deteriorate from weather and/or traffic and shall include,
but are not limited to: gravel, road base material, volcanic cinders, clinker rock, or any other
material that would have similar characteristics. A chip -seal process may be used to provide an
appropriate level of service for dust control if approved by the City Engineer and Public Works
Director.
Effective immediately upon passage.
Passed and adopted by the City Council upon the affirmative vote of a majority of the Council in
open session on , 2011.
Signed:
Mayor David Sakrison
Attest:
Rachel Ellison, City Recorder Date
p:\planning department \2011\ordinances\ord 2011.02 drveway surfaces.docx
17.09.210 Off-street parking and loading -Generally.
The regulations set out in Sections 17.09.220 through 17.09.230 are established to
increase safety and lessen congestion in the public streets, to provide adequately for
parking needs associated with the development of land and increased automobile usage,
to set standards for off-street parking according to the amount of traffic generated by each
use, and to reduce the on -street storage of vehicles. There shall be provided minimum
off-street parking spaces with adequate provisions for ingress and egress
6-10
City of Moab
Planning and Zoning Department
Correspondence
February 3, 2011
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of Ordinance #2011-02 Amending the Code to Specify the
Construction Materials for Parking, Loading, and Drive Access in all
Zones as Referred to Council by the Planning and Zoning Commission
Discussion
While the current code language contains references to driveways and that they are to be
delineated, it does not specify how they are to be delineated. The specific listing of acceptable
and unacceptable materials for parking, loading, and access {drives} that can and cannot be
used will aid staff, the Planning Commission and City Council in the review of site plans,
building permits, and subdivisions. It will also notify developers and property owners that the
use of an all weather surface material for these areas is required for any Certificate of
Occupancy.
Gravel drives add to the maintenance and cleaning costs of city streets by the Public Works
Department. Typically, the tire treads on vehicles parked on gravel surfaces will collect the
material and redeposit small rocks in the paved portions of rights -of -way. Vehicles traveling city
streets then run a risk of sustaining cracked or chipped windshields. Accumulations of the
material if not kept off of roadways can block gutters and drop inlets obstructing the normal
flows of storm water runoff.
An exception for residential property owners has been included to reduce the expense of paving
long driveways on very large lots. The parking areas must still meet the paving requirements of
this amendment.
The Planning and Zoning Commission reviewed this amendment in a public hearing on
December 9, 2010 and unanimously voted to refer the ordinance with a favorable
recommendation to approve.
Process
The Code allows Council to adopt text amendments in Chapter 17.04.100, Action by City
Council. Paragraph "A." without a public hearing;
"A. The city council may authorize any zoning map amendment or text amendment
by ordinance adopted at a public meeting, which shall be held following receipt of the
planning commission recommendation."
6-10
Planning and Zoning
Driveway Surfaces
Ord. #2011-02
February 3.2011
Paragraph B goes on to state,
"In its discretion, the council may elect to receive testimony or evidence from the
applicant, city staff, and the public prior to taking final action on the ordinance."
Page 2 of 2
Staff has discussed this ordinance with Council on at least two occasions and reported
the need for greater detail on development plans. Adoption of Ordinance #2010-02 will provide
staff with a level of detail that is not at this time required and will aid the Planning Commission
and Council in making better informed decisions when reviewing development applications.
Recommendation
Staff agrees with the Planning Commission and recommends that this amendment to the code
be approved. This amendment will require that all uses have clearly defined parking, loading,
and access areas and will keep street maintenance costs down and reduce the possibilities of
broken windshields.
Alternatives
In its action, Council can:
1) Approve Ordinance #2011-02 as recommended by the Planning Commission;
2) Approve Ordinance #2011-02 with any changes necessary to address concerns;
3) Vote to not approve the ordinance;
4) Table the ordinance in order to satisfy needs for additional information.
p:\planning department\2011\carrespandence\pi-II-022 driveway surfaces .dccx
6-10
ORDINANCE #2011-01
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00,
ZONING, AND SPECIFICALLY AMENDING CHAPTERS 17.06,17.09, AND 17.45 WITH THE
ADDITION OF OTHER PUBLIC FACILITIES IN THE R-2 ZONE
WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially
Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage
and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more
attractive and wholesome environment; and
WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to
make the text more contemporary, align the language with Utah State Code, and provide for a use that was
not anticipated at the time of adoption; and
WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public
hearing held on January 13, 2011, met to hear testimony and determine the merits of the changes to Title
17.00 of the Moab Municipal Code; and
WHEREAS, the Commission found that the proposed changes to Title 17.00, Zoning, would benefit the
Planning Commission, City Council, and Appeals Authority as well as the residents of Moab City; and
WHEREAS the Commission unanimously voted to recommend that Council adopt the amended
language and that adoption of Ordinance #2011-01 is in the best interests of the citizens of Moab; and,
WHEREAS, Council reviewed Ordinance #2011-01 in a regularly scheduled public meeting held on
, 2011, to hear and decide the merits of the proposed changes to Title 17.00 of the Moab
Municipal Code; and,
WHEREAS, Council found that the amendments to the code are in the best interests of the City.
NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2011-01 is hereby
adopted to amend the Municipal Code with the following text:
Chapter 17.06, Definitions, shall be amended with the following definition:
"Other public facilities include, but are not limited to, governmental functions such as libraries,
museums, parks, playgrounds, recreational centers, police, fire, or utilities facilities, that are public owned
or operated or under public control and jurisdiction, and subject to the provisions of this code. "
AND, FURTHERMORE, the Table of Conditional Uses in Chapter 17.09.530, shall be amended to
show the addition of a new Conditional Use in the R-2 Zoning District named "Other Public Facilities":
Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The
general and specific conditions for approval for the review requirements are listed in subsection (h) of this
chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific
conditional uses below.
6-11
z
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
5
SAR
111H/RV
FC-
1
RC
I
Residential uses
Dwellings(/)
C
Historic: Residential
Uses (2)
C
Secondary dwelling
Unit (3)
C
C
C
C
Multi -fancily dwellings
of 7 or more units (4)
C
C
Group Home (S)
C
C
C
CC
C
Public services
Utility provider
structures and
bttildings (6)
CCCC
CCCCC
C
Agricultural uses
Premises agricultural
occupations
(specifically retail with
feed, seed, fertilizer.
equipment and similar
items) (7)
C
C
Transportation -related uses
Storage or Trucking
Company/Terminal (8)
C
C'
Recreational and Entertainment Uses
B&B /rooming or
hoarding house (.9)
C
C
C
RV /travel trailer park
(JO)
C
C
RV area within a
mobile home park (I1)
('
Golf Courses (12)
C
('
RV court (13)
C
C
Outfitters and guide
services(14)
C
Outdoor recreational
uses, commercial (15)
C
Industrial Uses
Self storage warehouse
(16)
C
Asphalt/concrete
hatching plant,
permanent (17)
C
CONDITIONAL,
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
5
SAR
;1IH/RV
FC-
1
RC
I
Asphalt or Concrete
Botching Plant,
Temporary (18)
C
C
Wireless
telecommunication
facilities (/9)
C
(•
Commercial Uses
Drive-ihru Windows
(20)
(
6-11
3
Large commercial and
home -based day-care
centers(2 / )
CC
C
C
C
C
C
Sales of Manufactured
Homes (22)
C
Land Use
Division of small Lots
(2 i)
CC
C
C
C
CCCCC
C
C
Moved buildings (2a)
CCCCC
C
CC
C
C
C
C
Personal Service Uses
Cemeteries, public or
private (25)
C
C
Animal pound or
kennel (private) (26)
C
C
C
C
Veterinary clinic (27)
C
Educational, Institutional and Civic
Uses
Schools, churches.
monasteries, etc. (28)
C
CC
C
C
C
C
C
C
Other Public
Facilities, (29)
C
AND, Chapter 17.09.530, is further amended with the following specific conditions of approval for the
use "Other Public Facilities" as required by state law.
(29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after
approval of a conditional use permit. The standards that shall apply during the review by the planning
commission and the city council shall include:
1. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the
use as well as required landscaping, off-street parking, and trails;
2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on
surrounding residential uses;
3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not
generate dust or deposit gravel on paved roadways;
4. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
5.Outside storage of equipment, materials, and supplies shall be prohibited;
6. The use shall demonstrate that there is a benefit to the neighborhood or community;
7. A traffic study may be required to evaluate the impacts on the public rights of way.
AND, 17.45.020, Use requirements, for the R-2 Zone shall be amended with the addition of an Item K,
Other Government Facilities, as allowed under an approved conditional use permit, and read:
Conditional Uses.
K. Other public facilities are allowed when an approved conditional use permit has been
granted by the City as required under Chapter 17.09.530.
p:\planning department\2011\ordinances\ord 2011-01 other public facilities in r-2.docx
6-11
CITY Opt.
�,
.a..
MOAB
City of Moab
Planning and Zoning Department
Correspondence
..i
February 3, 2011
Memo To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of Ordinance #2011-01 Amending the Uses of the R-2
Residential Zone by Adding a Conditional Use of "Other Public Facilities"
as Referred to Council by the Planning and Zoning Commission
Discussion
The city has received an application for a code amendment from the school district and the
BLM. The request is to amend the R-2 Zone to allow activities that are carried out by
government entities other than the City of Moab and the school district. The proposed R-2 Zone
change is being presented as a conditional use and could include a wide variety of uses under
the banner "Other Public Facilities".
The changes to the code would require that three sections be amended; a definition of Other
Government Facilities would be included in Chapter 17.06, a change to the recently adopted
Table of Conditional Uses in Chapter 17.09.530, and changes to 17.45.020, Use
requirements, for the R-2 Zone with the addition of an item K, Other Government Facilities, as
allowed under an approved conditional use permit.
Within chapter 17.09.530, specific conditions of approval are also required so that the approval
of the additional conditional use will meet state code. The following draft code sections were
reviewed by the Commission in a regular meeting held on January 13, 2011. The commission
unanimously voted to recommend that Council approve the change to the code.
"Other public facilities include, but are not limited to, governmental functions such as
libraries, museums, parks, playgrounds, recreational centers, jail or correctional facilities,
police, fire, or utilities facilities, that are public owned or under public- owned or operated or
under public control and jurisdiction, and subject to the provisions of this code. °
6-11
The table of Conditional Uses would now consist of XX types of conditional uses as shown
below.
(b) Conditional Use Matrix. The following table is a list of conditional uses in the appropriate
zones. The general and specific conditions for approval for the review requirements are listed
in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531
Conditions for approval of specific conditional uses below.
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
I
C-
2_
C-
3_ _
C-
4
C-
5
SAR
MH/RV
FC-
1
RC
I
Residential uses
Dwellings(/)
(
I listoric Residential
Uses (2)
C
Secondary dwelling
Unit (3)
C
C
C
C
Multi -family dwellings
of 7 or more units (4)
C
C
Group Home (5)
CCCCC
C
Public services
Utility provider
structures and
buildings (6)
C
C
C
C
C
C
C
C
C
C
Agricultural uses
Premises agricultural
occupations
(specifically retail with
feed, seed, fertilizer,
equipment and similar
items) (7)
C
C
Transportation -related uses
Storage or Trucking
Company/Terminal (S)
C
C
Recreational and Entertainment Uses
B&B /rooming or
boarding house (9)
C
C
C
RV /travel trailer park
00)
C
C
RV area within a
mobile home park (11)
C
Golf Courses (12)
C'
C
RV court (13)
C
C
Outfitters and guide
services (14)
C
Outdoor recreational
uses, commercial (15)
C
Industrial Uses
Self storage warehouse
(16)
C
Asphalt/concrete
hatching plant,
permanent (/ 7)
C
6-11
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
I
A-
2
C-
1
C-
2
C-
3
C-
4
C-
5
SAR
MH/RV
FC-
1
RC
I
Asphalt or Concrete
Batching Plant,
Temporary (18)
C
C
Wireless
telecommunication
facilities (19)
C
C
Commercial Uses
Drive-thru Windows
(20)
C
Large commercial and
home -haled day-care
centers(21)
C
CC
C
C
C
('
Sales of Manufactured
Homes (22)
C
Land Use
Division of small Lots
(2.3)
C
C
C
C
C
CCCCC
C
C
Moved buildings (24)
C
C
C
C
C
CCCCC
C
C
Personal Service Uses
Cemeteries, public or
private (25)
C
C
Animal pound or
kennel (private) (26)
C
C
C
( •
Veterinary clinic (27)
C
Educational, Institutional and Civic
Uses
Schools, churches,
monasteries, etc. (28)
C
C
C
C
('
C
C
C
C
Other Public
Facilities, (29)
(
17.45.020 Use requirements.
The following uses shall be permitted in the R-2 residential zone:
A. One -family dwellings and the following accessory buildings and structures:
private garage and/or carport for the storage of automobiles owned by persons
residing on the premises; greenhouses for private use only; private swimming
pools; pergolas and arbors;
B. Planned unit developments subject to the requirements and conditions set forth in
Chapter 17.66, (Planned Unit Developments) of this title relating to large-scale
developments;
C. Fences, walls, and hedges which do not exceed seven feet in height provided that
no fence, wall or hedge shall exceed four feet in height within the required front
or side yard that fronts on a street;
6-11
D. Customary household pets, including but not limited to cats, dogs, potbelly pigs
and canaries; but not including the breeding of potbelly pigs, cats and dogs for
sale or otherwise. All sections in Title 6 referring to dogs shall likewise be
applicable to potbelly pigs;
E. Public schools, public libraries, public parks, playgrounds, recreation buildings
and churches, but not temporary revival tents or buildings;
F. Agriculture;
G. Temporary buildings and yards for the storage of materials and equipment
incidental to the construction of dwellings and other permitted uses; provided,
however, that a permit for such temporary building shall not be effective for more
than one year;
H. Home occupations;
I. Two-family dwellings;
J. Child day care centers and foster family care homes.
K. Other public facilities are allowed when an approved conditional use permit has
been granted by the City as required under Chapter 17.09.530.
In addition, the use will have a list of specific conditions that must be addressed.
(29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone
only after approval of a conditional use permit. The standards that shall apply during the review
by the city shall include:
1. The proposed use shall be situated on a tract of land not less than 3(?) acres in size;
2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on
surrounding residential uses;
3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that
will not generate dust or deposit gravel on paved roadways;
4. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
5. Outside storage of equipment, materials, and supplies shall be prohibited;
6. The use shall not generate more traffic than the typical or average single-family dwelling unit.
Process
Code Chapter 17.04.100, Action by City Council. Paragraph "A." allows Council to adopt
amendments to the code without a public hearing;
6-11
"A. The city council may authorize any zoning map amendment or text amendment
by ordinance adopted at a public meeting, which shall be held following receipt of the
planning commission recommendation."
Paragraph B goes on to state,
"In its discretion, the council may elect to receive testimony or evidence from the
applicant, city staff, and the public prior to taking final action on the ordinance."
Recommendation
Staff agrees with the Planning Commission and recommends that this amendment to the code
be approved.
Alternatives
In its action, Council can:
1) Approve Ordinance #2011-01 as recommended by the Planning Commission;
2) Approve Ordinance #2011-01 with any changes necessary to address concerns;
3) Vote to not approve the ordinance;
4) Table the ordinance in order to satisfy needs for additional information.
p:\planning department \2011\correspondence\pI-II-021 r-2 school change.docx
6-11
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-5121
Fax NUMBER (435) 259-4135
To: Honorable Mayor and City Council
From: Donna Metzler, City Manager ()\/
Date: February 4, 2011
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCK!
Subject: Amendment # 2 to the Improvements Agreement for the Moab Regional
Medical Center
To make a very long story short: In order for the Moab Regional Medical Center to have
adequate time to prepare for their opening to the public on February 14, they need to
occupy the building as soon as possible. Unfortunately, not all of the required public
and other improvements on the exterior of the building are complete to the City's
satisfaction. The required improvements are described in the original Improvements
Agreement between the City and Moab Valley Health Care (MVHC).
There are landscaping, storm drainage, sidewalk and other improvements that are
incomplete. Unfortunately, the City cannot issue a Certificate of Occupancy when such
improvements are incomplete. In addition, with extent of the safety -related
improvements that are not complete, along with the high monetary value and number
incomplete improvements being so high, the City staff did not feel comfortable giving a
Temporary Certificate of Occupancy for the premises without strong assurances that the
incomplete items would be complete before occupancy of the premises by the public at
large. A Temporary Certificate of Occupancy is good for 10 days.
To facilitate issuance of the Temporary Certificate of Occupancy for the Medical Center,
we have put together a revision of the original Improvements Agreement for the facility
that provides for an additional financial assurance to be provided that covers the public
and other improvements that are incomplete as of February 4, 2011. Amendment # 2
specifically details the improvements to be completed, provides for an additional bond,
and delineates the conditions under which the bond will be released. The bond is to be
filed by Hogan Construction, the contractor constructing the Medical Center and its
associated public and other improvements.
ADM-MEM-11-02-001
6-12
It is important to note that Amendment #2 provides that issuance of a Certificate of
Occupancy does not mean that the improvements have been accepted. The bond
would remain in place until final sign -off by the City Council.
Much work has been done by City staff to ascertain the specific nature and cost of the
remaining improvements, and to craft a solution to this issue that works for Hogan
Construction and for MVHC. MVHC has agreed to the amendment and Hogan
Construction has agreed to file the appropriate bonds.
City staff recommends approval of Amendment # 2.
ADM-MEM-11-02-001
6-12
Amendment #2
IMPROVEMENTS AGREEMENT
For
Public Improvements associated with the Moab Regional Medical Center Project
The CITY OF MOAB, a Utah municipal corporation (hereinafter "CITY"), and
MOAB VALLEY HEATH CARE, INC, a Utah non-profit corporation (hereinafter
"MVHC"), mutually referred to as the "Parties", do hereby enter into the following
"Amendment #2 to the Original Improvements Agreement" (hereinafter Amendment #2)
covering the responsibilities for the design, construction, and maintenance of all public
improvements associated with the Moab Regional Medical Center complex (hereinafter:
the "Facility").
RECITALS
1. The parties entered into an Agreement for Public Improvements associated with
the Facility dated June 16, 2009. Said agreement is hereby incorporated by
reference and is hereinafter referred to as the "Original Agreement".
2. The parties entered into Amendment #1 to the Original Agreement on May 11,
2010.
3. The Original Agreement called for the completion of specific public
improvements and required a Performance Guaranty in the form of a payment and
performance bond to be secured to guarantee the successful completion of the
Public Improvements referenced in the Original Agreement.
4. Pursuant to the Original Agreement, the Project Contractor secured a payment and
performance bond from a licensed surety company, for the use and benefit of
CITY and/or any subcontractors, laborers, or suppliers providing labor or
materials for construction of the Public Improvements referenced in the Original
Agreement.
5. As of the date of this Amendment #2, a portion of the Public Improvements have
been complete.
6. As of the date of this Amendment #2, there exist deficiencies in the completion of
the Public Improvements referenced in the Original Agreement. These
deficiencies are described in Attachment A and Attachment B hereto.
7. As of the date of this Amendment #2, some of the improvements required by the
Moab Municipal Code and the approved Site Plan for the Facility and not
considered Public Improvements (hereinafter "Other Required Improvements")
are incomplete or deficient. Said Other Required Improvements are also described
in Attachment A and Attachment B hereto.
8. In order for CITY to issue a Final Certificate of Occupancy for the Facility, all
Public Improvements and Other Required Improvements must be complete
according to the City's satisfaction.
9. In order for the CITY to issue a Temporary Certificate of Occupancy for the
Facility, MVHC must post a payment and performance bond from a licensed
6-12
Improvements Agreement Amendment #2
Moab Valley Health Care
Page 2 of 4
surety company, for the use and benefit of CITY and/or subcontractors, laborers,
or supplier providing labor or materials for construction of the remaining and/or
deficient Public Improvements and Other Required Improvements.
AMENDED AGREEMENT
1. Section 2 of the original Improvements Agreement shall be amended to read as
follows:
Covered Public Improvements. The public improvements covered by this Agreement are all
site, utility, and street improvements associated with the Facility shown on the Final Site Plan
and more particularly described in the Table of Public Improvements attached as "Exhibit B"
(hereinafter: the "Public Improvements") The responsibility for design, construction, and
long term maintenance of the Public Improvements shall be as set forth in said Exhibit B. In
addition, MVHC shall construct the upsized storm water drainage improvements as shown in
Exhibit D. Exhibit D consists of sheet C103A, C103B and 4.22.10 Moab City Revision SD-
14 C103B. The City shall pay for the cost of upsizing the storm drain system from the 15-
inch system required for the Facility to a 60-inch diameter storm drain trunk line that will
serve offsite needs in addition to Facility needs. The City agrees to pay to MVHC the cost of
the additional improvements as shown in Exhibit D. The estimated cost of said additional
improvements is shown in Exhibit E. The parties agree that MVHC shall invoice the City for
the amount of the improvements upon completion of the work, substantiated by invoices from
the contractor for said work. The parties agree that if the cost of the work exceeds the
estimate shown in Exhibit E by more than 3%, the City shall not be responsible for said cost
unless agreed to in writing by both parties prior to the completion of the work.
In addition to all Public Improvements as provided for above, this Agreement shall cover all
of the Public Improvements and Other Required Improvements as provided for in Attachment
A and Attachment B to Amendment #2.
2. Section 8 of the Original Agreement shall be amended to read as follows:
Performance Guaranty. CITY will require a Performance Guaranty in the form of a
payment and performance bond to be secured to guarantee the successful completion
of the Public Improvements.
a. Contemporaneous with the execution of this agreement, MVHC and/or the
Project Contractor shall secure a payment and performance bond from a
licensed surety company, for the use and benefit of CITY and/or any
subcontractors, laborers, or suppliers providing labor or materials for
construction of the Public Improvements.
b. The bond shall be in an amount equal to one hundred fifty percent (150%) of
the estimated construction cost of all Public Improvements as determined by
the Public Improvements Cost Worksheet attached hereto as "Exhibit C" of
the Original Agreement In addition, in order to receive a Temporary
6-12
Improvements Agreement Amendment #2
Moab Valley Health Care
Page 3 of 4
Certificate of Occupancy, MVHC and/or the Project Contractor shall post an
additional bond in the amount of one -hundred fifty percent (150%) of the
estimated cost for construction of the remaining and/or deficient Public
Improvements and Other Required Improvements, as provided for in
Attachment A of Amendment #2.
c. The bonds shall remain in effect until release is authorized in writing by
CITY. Said release shall take the form of a Resolution of the Moab City
Council. Issuance of a Certificate of Occupancy shall not be deemed as an
acceptance of the Public Improvements or Other Required Improvements.
3. Section 10 of the Original Agreement shall be amended to read as follows:
Zoning Compliance. Certificates of Occupancy for structures within the Property shall
only be issued upon satisfactory completion and acceptance of all Public Improvements
as stipulated herein. A Temporary Certificate of Occupancy may be granted if the
additional bonding requirements described in this Amendment #2 are satisfied. It is
expressly understood that if the incomplete and/or deficient Public Improvements and
Other Improvements as described in Attachment A and Attachment B of Amendment #2
are not completed within the time allotted by the Temporary Certificate of Occupancy,
the Temporary Certificate of Occupancy may be revoked and all remedies for default
provided for in the Original Agreement, including remedies available under the payment
and performance bond, shall apply.
4. All other terms, conditions, specifications, time deadlines, and other material
provision of the original Agreement that are not expressly contrary to this
Amendment shall remain in full force and effect.
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 MVHC as of the date(s) specified below.
CITY:
6-12
Improvements Agreement Amendment #2
Moab Valley Health Care
Page 4 of 4
City of Moab
Mayor David L. Salcrison Date
ATTEST:
Rachel Ellison
City Recorder
MVHC:
MOAB VALLEY HEALTH CARE, INC
By:
Date
Title: Roy Barraclough, CEO/Administrator Date
STATE OF UTAH
COUNTY OF GRAND
)
)§
)
The foregoing agreement was executed before me by
this day of , 20_. Witness my hand and official seal. My commission
expires:
Notary Public, State of Utah
Address:
6-12
Moab Regional Medical Center
Site Inspection/Walk-Through
January 14, 2011 (Planning), January 18, 31 and February 1, 2011 (Public Works)
ATTACHMENT A
PUNCH LIST ITEMS*
Item
#
Item Description
Status
Bonding
Amount
1
Landscaping Deficiencies -- Missing landscaping and plantings in
multiple locations including, but not limited to:
1- Future Parking area near 500 W
2- Center of the Main entry circle — The City has been
informed that this section is to be brick pavers instead of
landscaping.
3- No plantings in area near south wall of hospital
4- Plantings and landscaping missing between Williams Way
and sidewalk
5- No landscaping around ECF
Not Done
$75,000
2
Multiple catch basins have been installed incorrectly. The box is set
too far forward creating a trap for debris and impediment to water
flow. Boxes need to be reconfigured to enable flow. Catch basin on
the east side of the west Williams Way entrance needs to be
grouted to prevent undercutting of rock from the curb and gutter
and around the basin.
Resolved
3
Several of the catch basins on Care Campus Drive need to be
reconfigured completely. Grates are set too low creating a road
hazard. Concrete to the west on the south side is cracked and
needs to be replaced.
In Progress
$2,250
4
Turn arrows need to be revisited and new ones added to avoid
confusion. White paint should be used to divide lanes going the
same direction. May need a yield for pedestrian sign and a painted
stop bar prior to the crosswalk at the west entrance of Williams
Way due to the sidewalk crossing being so far from the road.
Not Done
$3,750
5
Irrigation valves in Sidewalk along east property line need to be
relocated.
Resolved
6
Walkway along east property line needs to be completed.
Resolved
7
Need signed and stamped engineering plans for retaining wall
along the east property line.
Not Done
$0
8
Temporary irrigation menagerie needs to be removed from the
hydrant on the north side of the hospital.
In Progress
$3,750
9
Concrete Collars on Manholes and Valves in pavement per the
details. Manholes and valves need to be adjusted to %" below
grade in order to provide for snow removal and not create a road
hazard.
Resolved
6-12
Moab Regional Medical Center
Site Inspection/Walk-Through
January 14, 2011 (Planning), January 18, 31 and February 1, 2011 (Public Works)
ATTACHMENT A
PUNCH LIST ITEMS*
Item
#
Item Description
Status
Bonding
Amount
10
Crack in curb on left hand side of pedestrian crossing on west
Williams Way entrance. Trip hazard in this location with the
asphalt. Needs to be ground to match concrete. Issue on right
hand side too.
Not Done
$750
11
Chipped sidewalk to the south hospital entrance just east of the
west Williams Way entrance.
Not Done
$375
12
Cracks in curb and gutter along Williams Way near the
easternmost south entrance of the hospital.
Not Done
$750
13
Low point adjacent to the south side of the ECF with no storm
drain catch basin. Grading should maintain positive drainage away
from the building.
Not Done
$1200
14
Corner of Sidewalk in front of ECF — expansion joint material
migrated up.
Not Done
$75
15
Need sidewalk drains at the locations of the wall drains along the
east property line. Draining across the sidewalk from the wall is
not acceptable. Drains need to be configured with elbows to go
into the sidewalk drain. Elbows will not be allowed to protrude out
of the wall in any way to create a trip hazard. The drain to the
north will need to go across the sidewalk at a 45 degree angle, per
City storm drain policy, in the direction of the flow. The drain at
the low point will need to connect directly into the curb box.
If the drains are unnecessary, this needs to be evidenced by a
stamped and signed letter from a professional engineer. In this
case, the drains can be cut back and grouted and made so they are
not trip hazards.
Not Done
$375
16
Valve handles missing in the meter valve boxes
Resolved
17
Westernmost sewer manhole north of hospital is full of dirt
Resolved
18
Cracked concrete curb on the north of the maintenance shed on
north side of Care Campus Drive
Not Done
$375
19
Clean up dirt and debris on sidewalk and asphalt throughout
facility. Do not flush into storm drain system.
Not Done
$3,000
20
Catch basin in loading dock full of concrete. May create issues for
draining the loading dock area due to the small opening.
Resolved
21
Hackberry in small landscape area North of the North entrance is
likely to create major issues when it gets bigger including tearing
out the sidewalk and curb. Recommend switching with smaller
tree in larger planter to the west.
Not Done
$375
6-12
Moab Regional Medical Center
Site Inspection/Walk-Through
January 14, 2011 (Planning), January 18, 31 and February 1, 2011 (Public Works)
ATTACHMENT A
PUNCH LIST ITEMS*
Item
#i
Item Description
Status
Bonding
Amount
22
Clean tubes of light pole bases and finish.
Not Done
$3,750
23
The sawcut triangle on the drive approach between the Grand
Center and the hospital has rebar sticking up that presents a safety
hazard. This needs to be addressed immediately by removing or
capping the rebar.
Not Done
$75
24
Rebar sticking up in landscape area near southwest corner of the
hospital. This presents a safety hazard and needs to be addressed
immediately by removing or capping the rebar.
Resolved
25
Need to place curb stops (per plan) in areas where the sidewalk is
flush with the parking lot. (37 Total)
Not Done
$5,550
26
Adjacent to the 30 mph sign on 500 W, the concrete has a broken
edge where the sidewalk meets the curb and gutter.
Not Done
$150
27
Crack in curb and gutter on the south side of the little parking lot
on the southwest side of the hospital.
Not Done
$375
28
Ensure all sewer lines are free from dirt and debris
Resolved
29
City still needs to verify adequacy of Backflow Preventers
Resolved
30
Crack in sidewalk in front of ECF.
Not Done
$375
31
There is a tree on the east side of the west Williams Way entrance
that may create a line of sight issue for vehicles leaving the site. It
would be beneficial to move the tree to the north and widen the
sight triangle.
Not Done
$300
32
HCAP access Ramps are not flush. Need to grind edges to provide a
smooth transition.
Not Done
$2,250
33
Need Truncated Dome warning strip at north entrance. Warning
strip is shown on plans, but has not been installed
Not Done
$3,000
34
Portions of the wall on the east property line have blocks that are
not seated properly. Some are folded in while others are
protruding outward. Need to reset these blocks.
Not Done
$375
35
Stray Rebar in planter areas needs to be removed
Not Done
$225
36
Chipped Concrete near northeast entrance
Not Done
$375
Total -
$108,825
* This list constitutes the items that were identified as deficiencies by City personnel to obtain a
Permanent Certificate of Occupancy. Items that have not been completed by February 1, 2011 will
require an improvements agreement and a bond in the amount of 150% of the estimated cost to
complete the repairs.
6-12
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CITY OF MOAB
ENGINEERING DEPARTMENT
CORRESPONDENCE
February S, 2011
Memo To: Honorable Mayor and Members of Council
From: Rebecca W. Andrus, City Engineer
Subject: City Center Photovoltaic System
The City of Moab sent out a Request for Proposals (RFP) to find contractor to provide turnkey services for the
designing, engineering, and supplying of all labor and materials to deliver, install, and commission a cost-
effective and energy efficient solar photovoltaic (PV) system on the roof of the Moab City Center. The $225,000
of funding for this project was obtained from an American Recovery and Reinvestment Act (ARRA) grant.
On January 6, 2011, five companies responded. Proposals were provided by American Solar Power, Gardner
Engineering, Pioneer Solar & Electric, and Intermountain Wind & Solar. One company, Syndicated Solar, did not
provide a proposal due to a large contract they received recently. The proposals were evaluated based on the
proposer's Understanding of Project and Schedule (20 percent), Qualifications (30 percent), Experience (30
percent) and Cost and Overall Service Value (20 percent).
Upon evaluation, it was determined that Intermountain Wind & Solar ranked the highest and is the preferred
contractor to perform the work. City Staff selected Intermountain's Alternate ##2 bid with the general
specifications listed below:
• 36.71kW System
• Low -profile, self -ballasted racking system
• 150 SolarWorld 245Watt US made modules (60 on three SunnyBoy 5000 string inverters, 90 on Enphase
M190 micro -inverters)
• Web monitoring systems
• Roof engineering certification
• Electrical tie-in for net metering with RMP
• Roof membrane protection to honor existing warrantee
• 100% Performance and Payment Bonds
It is my recommendation that the City of Moab accept the proposal from Intermountain Wind & Solar for the
design and construction of the City Center Photovoltaic System in the amount not to exceed $225,000.
Sincerely,
Rebecca Andrus
6-13
CONSTRUCTION CONTRACT
6-14
City of Moab — Construction Contract
Project: City Center Photovoltaic System
CONSTRUCTION CONTRACT
PROJECT TITLE: CITY CENTER PHOTOVOLTAIC SYSTEM
This CONTRACT is made this 8t" day of February, 2011, by and between the City of Moab,
217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and Intermountain
Wind and Solar, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract
Documents. The work is known as and is hereinafter referred to as CITY CENTER
PHOTOVOLTAIC SYSTEM and is described in detail in the Contract Documents which contain
the full scope of work.
1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all
work in a proper and workmanlike manner, with appropriate consideration for public safety and
convenience, consistent with the highest standards of professional and construction practices
and in full compliance with, and as required by or pursuant to, this Contract, and with the
greatest economy, efficiency, and expediency consistent therewith all as more particularly
described in the Contract Documents.
ARTICLE 2 - CITY'S REPRESENTATIVE
CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and
sometimes known as the Owner's Representative or Construction Manager) to manage this
Project and to represent the CITY on the Project site. The CITY REP will assume all duties
and responsibilities and will have all rights and authority assigned to the CITY REP in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents. Any references in the Contract Documents, or other pertinent
documents, to the Engineer or Project Engineer shall mean the CITY REP.
The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director
ARTICLE 3 - CONTRACT TIME
3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this
Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating
the times for starting and completing the various stages of the Work, including any Milestones
specified in this Contract and as more fully described in the General Conditions and other
Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as
necessary to accurately reflect plans for completion of the work, but no less frequently than
required in the Contract Documents.
3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial
Completion and for Final Completion and readiness for final payment as stated in the Contract
Documents, are of the essence of the Contract.
CC - 1
6-14
City of Moab — Construction Contract
Project: City Center Photovoltaic System
3.03 The Work shall be substantially complete within 120 calendar days after the date
when the Contract Times commence to run as provided in the Contract Documents, and all
Work shall be finally completed and ready for final payment in accordance with the Contract
Documents within 150 calendar days after the date when the Contract Time commences to
run.
3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the
Contract Documents within the time periods specified shall constitute a material breach of this
Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and
receives an extension of time, in accordance with the procedures set forth in the Contract
Documents.
3.05 Failure of CITY to insist upon the performance of any covenant or condition within
the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform
every other covenant or condition within the designated periods, unless a specific waiver is
granted in writing for each such covenant or condition.
3.06 The CITY'S agreement to waive a specific time provision or to extend the time for
performance shall not constitute a waiver of any other time provisions contained in the Contract
Documents. Failure of CONTRACTOR to complete performance promptly within the additional
time authorized in the waiver or extension of time agreement shall constitute a material breach
of this Contract entitling CITY to all the remedies set forth herein or provided by law.
ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES
4.01 Liquidated Damages:
A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are
reasonable estimates of such damages, that said amounts do in fact bear a
reasonable relationship to the damage that would be sustained by CITY, and
CONTRACTOR agrees to pay such liquidated damages as herein provided.
B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and
that CITY will suffer financial loss, in addition to and apart from the costs described in
Paragraph 4.02, if the Work and/or portions of the Work are not performed and
completed within the times specified in Article 3, plus any extensions thereof allowed
in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay CITY two hundred dollars and no cents ($100) for each calendar day that
expires after the time specified in Article 3 for substantial completion, until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred
dollars and no cents ($200) for each day that expires after the time specified in Article
3 for final completion and readiness for final payment.
4.02 Special Damages:
In addition to the amounts provided for liquidated damages, CONTRACTOR shall
pay CITY the actual costs reasonably incurred by CITY for the CITY
REPRESENTATIVE, the Project Designer and for engineering and inspection forces
employed on the Work for each day that expires after the time specified in Article 3
for Final Completion, including any extensions thereof made in accordance with the
Contract Documents, until the Work is finally complete. The rate for CITY inspection
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services for this contract is $60 per hour. The rate for work by the CITY
REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at
time and one half for work required to be performed during other than normal
business hours.
4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the
amount of liquidated damages, special damages, and other damages incurred by the City as
provided in the Contract Documents.
ARTICLE 5 - CONTRACT PRICE
CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents the amounts set forth or calculated as specified in this Article 5.
5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those
amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are
included in such lump sum unit price and have been computed in accordance with the Contract
Documents.
5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each
separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity
of that item installed or constructed in the work, as determined by CITY REP in accordance
with the Contract Documents. The unit prices listed on the Cost Estimates (Estimate #1003
dated January 31, 2011 and Estimate #1004 dated February 2, 2011) are all-inclusive of labor,
material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid
item.
The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid
Schedule is Two Hundred and Twenty -Five Thousand Dollars and No Cents, ($225,000.00). As
provided in the Contract Documents, estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by CITY REP. In the
event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated
quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item
of Work in order to allow CITY REP to document and record the actual quantities. If
CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY
REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be
bound to the quantities estimated by CITY REP. In the event that actual quantities used and
incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit
A, then the contract price shall be adjusted downward proportionately based upon the specified
unit prices and the actual quantities used.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 CONTRACTOR shall submit completed Applications for Payment in accordance
with the Contract Documents. No payment application will be considered complete unless it is
accompanied by an updated Construction Progress Schedule and a certification that the on -
site, red lined, as -built drawings are up to date. Each application for payment shall constitute a
certification by the Contractor that all statements contained in the application are true and
correct and that the work represented in the application is complete to the extent specified and
done in conformity with the Contract Documents. Completed Applications for Payment will be
processed by CITY REP as provided in the Contract Documents.
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6.02 Progress Payments:
A. On or before the first (1st) day of each month after the date when the Contract Time
commences to run, CONTRACTOR shall submit to CITY REP, for review, completed
Applications for Payment covering Work performed during the preceding calendar
month. Provided a pay application is complete and submitted on or before the first of
each month, the CITY will make monthly progress payments based on the progress
of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified
and approved by CITY REP and measured by the schedule of values provided for in
the General Conditions on or before the 15th of each month, subject to the other
conditions set forth herein and in the other Contract Documents. Complete pay
applications submitted after the first of each month shall be due on or before twenty
five (25) days from the date of submittal to the CITY REP, provided that they are
certified for payment.
B. To insure the proper performance of the contract CITY shall retain five percent (5%)
of the amount of each approved progress payment until the Work is certified by the
City Rep as being Substantially Complete.
C. CITY may withhold and deduct from progress payments, retention proceeds, or final
payment an amount equal to CITY'S estimate of the liquidated damages then due, or
that would become due based on CITY'S estimate of late completion of the Work,
together with such other sums as are provided in these Contract Documents.
6.03 Final Payment: Upon final completion and acceptance of the Work and upon
compliance with all other terms and conditions of the Contract Documents, CITY shall pay the
remainder of the Contract Price, including retainage withheld, less such deductions as may be
withheld to cover claims in accordance with state law and the Contract Documents, and to
cover liquidated and special damages and other charges owing to CITY.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the
following representations:
7.01 CONTRACTOR has examined and carefully studied the Contract Documents
(including any Addenda) and other related data identified in the Bidding Documents, including
"technical data" and all federal, state and local laws, ordinances, standards, rules and
regulations that in any manner may affect cost, progress, performance or furnishing of the
Work.
7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) the reports of investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities) and the drawings of physical
conditions in or relating to existing surface or subsurface structures, at or contiguous to the site
or otherwise which may affect cost, progress, performance or furnishing all the Work or which
relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident
thereto. The reports and drawings available to CITY are listed in the Supplementary
Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or
completeness of information and data shown or indicated therein with respect to Underground
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Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for
locating and resolving any conflicts with any Underground Facilities.
7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, performance or furnishing
of the Work.
7.04 CONTRACTOR has made or caused to be made examinations, investigations,
tests, studies and related data as he deems necessary, and CONTRACTOR does not consider
that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the Contract Price, within the
Contract times and in accordance with the other terms and conditions of the Contract
Documents.
7.05 CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the site, reports and drawings identified in
the Contract Documents and all additional examinations, investigations, explorations, tests,
studies, reports, and data, with the terms and conditions of the Contract Documents.
7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written
resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are
sufficient to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts,
errors or discrepancies in the Contract Documents, including, but not limited to, the
specifications, design and engineering for the project, for which written notice has not been
provided and which an adequate review by CONTRACTOR would have revealed.
ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA
The Contract Documents which comprise the entire agreement between CITY and
CONTRACTOR concerning the Work consist of those listed below. There are no Contract
Documents other than the following:
8.01 The Contract
8.02 The Request for Proposals (RFP) prepared by the City of Moab as amended by
Addendum Number 1 and Addendum Number 2
8.03 The RFP Response prepared by Intermountain Wind and Solar dated January 6, 2011
with updated cost estimate information for Alternate #2 (Estimate #1003 dated January
31, 2011 and Estimate #1004 dated February 2, 2011)
8.04 Performance Bond and Payment Bond.
8.05 General Conditions (pages 1 to 47, inclusive).
8.06 Notice to Proceed to be issued after Contract award, prior to construction.
8.07 Davis Bacon, Waste Stream, Buy American, and National Historic Preservation
requirements as described within the RFP.
8.08 The following which may be delivered or issued after the Effective Date of this Contract
and are not attached hereto:
A. Written Amendments;
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B. Work Change Directives;
C. Change Order(s).
ARTICLE 9 - INSURANCE
9.01 General Insurance Requirements:
A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the
types and amounts required in this section, with companies possessing a current
A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the
State of Utah with policies and forms satisfactory to CITY.
B. Policies written on a "Claims made" basis are not acceptable without written
permission from the City's Attorney.
C. All insurance required herein shall be maintained in full force and effect until all work
or services required to be performed under the terms of this Agreement is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of CITY, constitute a material breach of this Agreement and may result in
termination of this contract.
D. If any of the insurance policies are not renewed prior to expiration, payments to the
CONTRACTOR may be withheld until these requirements have been met, or at the
option of the City, the City may pay the Renewal Premium and withhold such
payments from any monies due the CONTRACTOR.
E. All insurance policies, except Workers' Compensation and Professional Liability
required by this Agreement, and self -insured retention or deductible portions, shall
name, to the fullest extent permitted by law for claims arising out of the performance
of this contract, the City of Moab, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
F. CONTRACTOR's insurance shall be primary insurance over any insurance available
to the CITY and as to any claims resulting from this contract, it being the intention of
the parties that the insurance policies so effected shall protect both parties and be
primary coverage for any and all losses covered by the described insurance.
G. The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against CITY, its agents, representatives,
officers, directors, officials and employees for any claims arising out of
CONTRACTOR 's acts, errors, mistakes, omissions, work or service.
H. The insurance policies may provide coverage which contain deductibles or self -
insured retentions. Such deductible and/or self -insured retentions shall be assumed
by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR
shall be solely responsible for the deductible and/or self -insured retention. The
amounts of any self -insured retentions shall be noted on the Certificate of Insurance.
CITY, at its option, may require CONTRACTOR to secure payment of such
deductibles or self -insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be
accepted except with permission of the Management Services Director/designee.
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I. All policies and certificates shall contain an endorsement providing that the coverage
afforded under such policies shall not be reduced, canceled or allowed to expire until
at least thirty (30) days prior written notice has been given to CITY.
J. Information concerning reduction of coverage on account of revised limits or claims
paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR
with reasonable promptness in accordance with the CONTRACTOR's information and
belief.
K. In the event that claims in excess of the insured amounts provided herein, are filed by
reason of any operations under this contract, the amount of excess of such claims, or
any portion thereof, may be withheld from payment due or to become due the
CONTRACTOR until such time as the CONTRACTOR shall furnish such additional
security covering such claims as may be determined by the CITY.
9.02 Proof of Insurance - Certificates of Insurance
A. Prior to commencing work or services under this Agreement, CONTRACTOR shall
furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as
evidence that policies providing the required coverages, conditions and limits required
by this Agreement are in full force and effect and obtain from the City's Risk
Management Division approval of such Certificates.
B. If a policy does expire during the life of this Agreement, a renewal certificate must be
sent to the City of Moab five (5) days prior to the expiration date.
C. All Certificates of Insurance shall identify the policies in effect on behalf of
CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall
include the job site and project number and title. Coverage shown on the Certificate
of Insurance must coincide with the requirements in the text of the contract
documents. Information required to be on the certificate of Insurance may be typed
on the reverse of the Certificate and countersigned by an authorized representative of
the insurance company.
D. CITY reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance policies and/or endorsements.
CITY shall not be obligated, however, to review same or to advise CONTRACTOR of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict
fulfillment of CONTRACTOR's obligations under this Agreement.
9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set
forth below which may arise out of or result from the operations of CONTRACTOR under this
Contract and for which CONTRACTOR may be legally liable, whether such operations be by
the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable. Coverage
under the policy will be at least as broad as Insurance Services Office, Inc., policy form
CG00011093 or equivalent thereof, including but not limited to severability of interest and
waiver of subrogation clauses.
A. Claims under Workers' Compensation, disability benefit and other similar employee
benefit acts which are applicable to the Work to be performed;
B. Claims for damages because of bodily injury, occupational sickness or disease, or
death of the Contractor's employees;
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C. Claims for damages because of bodily injury, sickness or disease, or death of any
person other than the Contractor's employees;
D. Claims for damages insured by usual personal injury liability coverage;
E. Claims for damages, other than to Work itself, because of injury to or destruction of
tangible property, including loss of use resulting therefrom;
F. Claims for damages because of bodily injury, death of a person or property damage
arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at
least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy
form CA00011293 or equivalent thereof.
G. Claims for bodily injury or property damage arising out of completed operations;
H. Claims involving contractual liability insurance applicable to the Contractor's
obligations under the Indemnification Agreement;
I. Claims for injury or damages in connection with one's professional services;
J. Claims involving construction projects while they are in progress. Such insurance
shall include coverage for loading and off loading hazards. If any hazardous material,
as defined by any local, state or federal authorities are to be transported, MCS 90
endorsement shall be included;
9.04 Commercial General Liability - Minimum Coverage Limits:
The Commercial General Liability insurance required herein shall be written for not less
than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever
coverage is greater. Any combination between general liability and excess general
liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per
occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage
will be acceptable. The Commercial General Liability additional insured endorsement shall
be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG
20101001, and shall include coverage for CONTRACTOR's operations and products, and
completed operations.
9.05 General Liability - Minimum Coverage Limits
A. The General Liability insurance required herein, including, Comprehensive Form,
Premises -Operations, Explosion and Collapse, Underground Hazard,
Products/Completed Operations, Contractual Insurance, Broad Form Property
Damage, Independent Contractors, and Personal Injury shall be written for Bodily
Injury and Property Damage Combined shall be written for not less than $1,000,000
or 10% of the contract cost and with a $2,000,000 aggregate.
B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any owned, hired, and
non -owned vehicles assigned to or used in performance of the CONTRACTOR's
work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance
Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such
insurance shall include coverage for loading and off loading hazards if hazardous
substances, materials or wastes are to be transported and a MCS 90 endorsement
shall be included with coverage limits of $5,000,000 per accident for bodily injury and
property damage.
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9.06 Worker's Compensation and Employer's Liability:
A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction over CONTRACTOR's
employees engaged in the performance of the Work or Services; and, Employer's
Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease
coverage for each employee, and $1,000,000 disease policy limit.
B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to
provide Workers' Compensation and Employer's Liability to at least the same extent
as required of CONTRACTOR.
ARTICLE 10 - INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold
harmless the City of Moab, its agents, representatives, officers, , officials and employees from
and against all claims, damages, losses and expenses (including, but not limited to, attorney
fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to
have resulted from the acts, errors, mistakes, omissions, work or services of the
CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this
Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from
any acts, errors, mistakes, omissions, work or services in the performance of this contract
including any employee of the CONTRACTOR or any tier of subcontractor or any other person
acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The
amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
ARTICLE 11 - BONDS
11.01 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish
to the City payment and performance bonds acknowledged by a surety licensed and
authorized to do business in the State of Utah, in a form acceptable to the City, and in an
amount equal to the total Contract Price. The bonds shall be attached to and incorporate by
reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38
for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and
benefit of the City to secure Contractor's performance of its construction obligations under this
Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form
acceptable to the City and naming the City as beneficiary for the purpose of satisfying its
payment and performance bond obligations.
11.02 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in
amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond
shall be fixed at the lowest sum that fulfills all conditions of the Contract.
11.03 The letter of credit, payment bond, and performance bond shall be released no later
than one year from the date of award of this Contract, provided that no person has provided a
demand for payment as provided by law or commenced an action seeking payment against the
City or under any such instrument within that time. In the event any person described in
subsection (a), above, issues a demand or commences suit against the City, the City shall be
entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including
reasonable attorney fees and court costs that may be incurred by the City. At its option, the
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City may elect to interplead said funds into a court of competent jurisdiction, at which point the
City will be discharged of any further liability. In the event the City declares default under this
Contract, it shall be entitled to proceed against the Performance Bond.
11.04 Contractor shall obtain written lien and payment waivers as specified in Exhibit A,
attached, from all laborers, subcontractors and material suppliers contemporaneous with each
payment advanced to those persons under this Contract. Upon final completion of the
Contract, or upon tender of the final payment to each such subcontractor or material supplier,
Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms
acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with
each disbursement pursuant to the Contract. The failure of any party to enforce against
another party any provision of this Contract shall not constitute a waiver of that party's right to
enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.
11.05 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in these
Contract Documents.
ARTICLE 12 - MISCELLANEOUS
12.01 Terms used in this Contract which are defined in the General Conditions, shall have
the meanings indicated in the General Conditions.
12.02 The failure of any party to enforce against another party any provision of this
Contract shall not constitute a waiver of that party's right to enforce such a provision at a later
time, and shall not serve to vary the terms of this Contract.
12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in these
Contract Documents.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year
first written above.
This Contract will be effective on February 9, 2011.
FOR THE CITY OF MOAB FOR THE CONTRACTOR
MAYOR Signature
ATTEST: ATTEST: If Corporation
City Clerk Secretary
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Exhibit A
ARTICLE 13 - PAYMENT AND LIEN WAIVER
This payment and lien waiver is made and executed this day of ,
200 by ("Subcontractor") in favor of the City of Moab, a Utah
municipality ("City"), and ("Contractor"). Subcontractor
acknowledges receipt of the sum of $ , check number , in partial
satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract
between Contractor and Subcontractor in connection with the
project owned by the City and located at (address).
Upon receipt of the funds referenced herein, Subcontractor waives any and all rights
against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect
to the sums paid, or for labor, materials, or construction services provided through the date of this
release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and §
14-1-19, as amended. This release does not apply to labor, materials, or construction services
provided subsequent to the date referenced above.
By:
Subcontractor
Title:
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Resolution #06-2011
A RESOLUTION AMENDING THE MOAB RECREATION AND AQUATIC CENTER FEE
STRUCTURE
Whereas, the Moab City Council must approve all fees charged by the Moab Recreation and
Aquatic Center;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB, DO
HEREBY RESOLVE TO APPROVE THE FOLLOWING FEE STRUCTURE FOR THE
MOAB RECREATION AND AQUATIC CENTER.
1. Moab City Staff Fitness Benefit Plan:
- All full time staff shall receive free Annual Family Aquatic Memberships (spouse and
dependents)
- City staff may elect to pay $50 each for an annual Aquatic & Fitness Membership;
spouse and dependents 14 and over may elect to pay $100 each; families up to 6 pay a
maximum of $250.
- City staff may elect to pay $100 for an annual Moab Fitness Center Membership.
2. Rates not currently addressed in the "Moab Recreation and Aquatic Center Rate Structure"
including rates for businesses, programs, special events, private parties and special situations,
shall be determined on a case -by -case basis at the discretion of the Moab Recreation and
Aquatic Center Director.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the governing body of the City of Moab in open session
CITY OF MOAB
By:
David L. Sakrison
Mayor
Attest:
Rachel Ellison
City Recorder
Resolution #06-2011 Page 1 of 1
6-15
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
Mayor: David L. Sakrison
Council: Kyle Bailey
Jeffrey A. Davis
Keith H. Brewer
Gregg W. Stucki
Rob Sweeten
Date: 2/1/11
To: Donna Metzler, City Manager
Moab City Council
From: John Geiger, Recreation Coordinator
Terry Lewis, MRAC Director
Re: Additions to the Moab Recreation and Aquatic Center Rate Structure
We recommend the following additions to the Moab Recreation and Aquatic Center (MRAC) Rate Struc-
ture:
. Moab City staff plan -
- All full time staff receive free family Aquatic memberships. Please note that this benefit existed
with the past facility.
- City staff pay $50 annually for an Aquatic & Fitness membership; additional family members in
the same household pay $100 each; families up to 6 pay a maximum of $250.
- Continue the current fitness benefit that provides $100/staff member to attend the Moab Fitness
Center.
. To facilitate more efficient Center operations we recommend that the Moab City Recreation Coordina-
tor and the MRAC Director be provided the discretion to negotiate rates not currently addressed in the
"Moab Recreation and Aquatic Center Rate Structure" including rates for businesses, programs,
special events, private parties and special situations.
6-15
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CITY OF MOAB
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435) 259-5121
FAX: (435) 259-4135
FOR ZONING OFFICE USE ONLY
PARKING: � g2Ace va11izEP1112Vire)
MOAB CITY CODE: i 1 • . AA, A
SIGN PERMIT:
MOVED-OqN WOP NEnCESSARY: 1Qi YES t:1 NO
1;2EQV 12C
REQUIRES PLANNING
COMMISSION APPROVAL Cl YES NO
REVIEWED BY
ZONING
ADMINISTRATOR:
SIGNATURE
DATE:
NAME OF APPLICANT:
G'�ilJ S rr./ 4. c 4)
APPLICANT'S MAILING ADDRESS: /5-4 k 2 e 7 I I 4
!4-41 J
PHONE:
CITY; ! 53/4 (Z014/4 STATE: IA/1
ZIP: qQ o G
ti BUSINESS NAME: ,4FI 61.t / ,-xP/.56i ri a /c/ Li /ili C LCr
��BUSINESS LOCATION: 2d 0 Z 6�A IeL.440 LSAT K S CO u� r/1,,i X V t.,� Al (/[ 7
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,ZONE: C ')
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DETAILED DESCRIPTION OF BUSINESS ACTIVITY: S L r �!,Q / c) x 2.6 7�/jr 7,d c�� "` ci6 Sr
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A M E R I C A N E X P E D I T I O N VEHICLES
Dear Rachel,
Enclosed you will find the Moved -On Structure Permit for American Expedition Vehicles
(AEV), This is in regard to our plans to set up a tent at Car Quest Auto Parts during the week
of the Easter Jeep Safari. Here are the details of our plans:
1) 10X20 EZ-UP Tent positioned on the south side of the Car Quest parking area.
2) The Tent will be open on three sides and will face the street.
3) The Tent will be anchored to the ground to prevent it moving in the wind.
4) The Tent will be used for display of AEV vehicles and Accessories.
5) The Tent will be lit from the inside and a DVD player will run a video showcasing
AEV's products.
6) Power will be provided by either a small Honda generator or house -power from Car
Quest (TBD).
7) A Fire Extinguisher will be on hand per local requirements. A first -aid kit will also be
on hand.
8) No selling of any kind will take place.
9) The tent will be manned by AEV staff from approximately 9:00 a.m. to 5:00 p.m.
During nighttime hours, valuables will be removed from the tent and display vehicles
will be taken away.
10) Our intended dates of operation are: Monday April 18th to Friday April 22nd
I will serve as the primary contact for the City of Moab. I can be reached the following
ways:
1) Cell = 425 289-6913
2) Land Phone = 248 926-0256 ext. 107
3) Mailing address = Chris Wood / 15838 266th Ave. SE / Issaquah, WA 98027
AEV's corporate office can be contacted in the following ways:
1) Land Phone = 248 926-0256
2) Mailing address = AEV / 28025 Oakland Oaks Court / Wixom, MI 48393
AEV would like to thank you for your assistance with this Permit. You have been very
helpful. If anything is missing, or you simply have any questions, please let me know.
Sincerely,
Chris Wood
Director of Sales
American Expedition Vehicles
9693 INSPIRATION DRIVE • MISSOUL_A. MT 59808
WWW.AEV-CONVERSIONS.COM
MISSOULA. MONTANA • WIXOM, MICHIGAN
6-16
City of Moab,
We would like to have a Wedding at the Old City Park May 21 st on the opposite
side of the podium & stage. We want to have music and be allowed to stay until 1 1pm.
Thank you,
Rhonda Risenhoover
f
6-17
Memo To:
From:
Subject:
Background
City of Moab
Planning and Zoning Department
Correspondence
February 1, 2011
Honorable Mayor and Members of Council
City Staff
Approval of Resolution #04-2011 Accepting the Subdivision
Improvements for a Portion of Phase One, Haciendas Subdivision
PL-11-017
On February 23, 2010, Council adopted Resolution #06-2010 declaring a default of the
Hacienda Subdivision Improvements Agreement that the City had with Mr. Jared Rasmussen
and Todd John for the development of Phase One.
On March 23, 2010, Council vacated much of Phase One and city staff initiated a bid process
for contractor selection to begin construction of the required improvements. The city acted as
Project Manager and general contractor to meet the obligations of the developer.
As a result of the default and subsequent plat vacation, the developer and property owner
generated a settlement agreement that included releasing the remaining funds held in escrow to
one of the property owners, Joyce Victor. The agreement and a letter from the developers
directing the city to release the funds to Ms. Victor are attached for your review.
After many months of construction, the improvements have been inspected by staff and are
deemed to be in acceptable condition. The final step in the completion of the Haciendas is to
release the balance of the escrow that served to fund the project.
As of January 26, 2011, $63,668.05 remained in the account. This amount reflects a balance
after all bills and charges have been satisfied. Staff recommends that this amount with any
additional accrued interest be released in accordance with the direction given by the
developers.
pAplanning department\slllcorrespondencelpl-Il-017 haciendas release.docx
6-19
Resolution #04-2011
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION
WITH PHASE ONE OF THE SUBDIVISION KNOWN AS "THE HACIENDAS SUBDIVISION", AND
AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH SAID
IMPROVEMENTS.
WHEREAS, the City of Moab (the "City") and Jared Rasmussen and Thomas Todd ("Owners") entered into a
Subdivision Improvements Agreement dated January 8, 2008 (the "Agreement") covering the public
improvements associated with the above named subdivision; and
WHEREAS, Owners posted collateral in the form of cash held in escrow by Zions Bank located at 330 South
Main Street, Moab, Utah 84532, for the benefit of the City and a Deed of Trust on real property naming the City
as beneficiary to guarantee the improvements required by the Agreement; and
WHEREAS, the Developer failed or refused to construct or complete all of the improvements specified in the
SIA and development approvals, constituting a default under the SIA and the conditions of approval, and failed to
cure same after delivery of written notice; and
WHEREAS, Resolution #06-2010, approved by the City Council on February 23, 2010, declared the developer to
be in default of the Subdivision Improvements Agreement; and
WHEREAS, adoption of Ordinance #2010-08, by Council on March 23, 2010, effectively vacated a portion of
Phase One; and
WHEREAS, the City acted as project manager and general contractor to finish the agreed upon improvements
within the remaining portion of Phase One; and
WHEREAS, Council, by approval of Resolution #06-2011 on February 8, 2011, has determined that the
improvements are completed in accordance with the engineered plans and construction specification for the City
of Moab; and
WHEREAS, pursuant to the terms of the Agreement, Owners are entitled to a full release of the unused portion
of the performance guaranty.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the public
improvements covered by the Agreement referenced herein, specifically street improvements, water system
improvements, sewer system improvements, and storm drainage improvements located within the subdivision and
do hereby authorize the full release of Owners' collateral.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 8t day of
February, 2011.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder pAplanning department\2011\cc resolutions\haciendas acceptance of improvements.docx
6-19
MOAB CITY
MOVED -ON STRUCTURE PERMIT
BUSINESS NAME:
OWNERS NAME
MAILING ADDRESS:
PROPOSED USE OF STRUCTURE:
TYPE OF STRUCTURE:
ADDRESS OF PROPOSED STRUCTURE'S LOCATION
NAME OF PROPERTY OWNER (PRINT):
F
�C .iyIDBUSINESS PHONE:
/77,9N%-,Z,Z y/l7
1(THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY
PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNERS SIGNATURE:
LOCATION OF RESTROOM FACILITIES:
SIGNATURE OF OWNER APPROVING
USE OF RESTROOM FACILITIES:
COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: I;YES ❑ NO
ZONE: A 4VU' I N
Zoning Administrator's Signature:
BUILDING PERMIT REQUIRED: El YES MO
' BUILDING INSPECTOR'S SIGNATURE:
DATE APPROVED BY CITY COUNCIL
MOVED -ON STRUCTURE TERM: FROM
Required inspections on back.
SIGNATURE OF CSTY RECORDER
I / Cl ��e 3) ill
MOVED -ON STRUCTURE FEE:
1 % STATE TAX:
$75.00
.75
$75.75
PYMT RECD
CITY OF MOAB
FEB -1 2011
rec44,1--AL `fa ic,(0
NET 7s, 7s
CITY OF MOAB
MOVED -ON STRUCTURE INSPECTIONS
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 ! FAX (435) 259-4135
BUSINESS NAME:
ADDRESS OF MOVED -ON STRUCTURE:
THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED
SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL.
BUILDING INSPECTOR
(435) 259-1344/1345
125 EAST CENTER
BUILDING PERMIT # (IF REQUIRED)
INSPECTION REQUIRED:
❑ YES ErNO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED CIVDISAPPROVEO ❑
REASON:
S GNATURE
FIRE INSPECTOR
(435) 259-5557
45 SOUTH 100 EAST
INSPECTION REQUIRED:
❑ YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED 0 DISAPPROVED in
REASON:
SIGNATURE
HEALTH INSPECTOR
(435)259-5602
471 SOuTH MAIN
INSPECTION REQUIRED:
❑ YES ❑ NO (SIGNATURE REQUIRED)
IF YES, DATE OF INSPECTION
APPROVED ❑ DISAPPROVED ❑
REASON:
SIGNATURE
U3/0 /04
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