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Home My Public Portal AboutPKT-CC-2016-01-25Moab City Council January 25, 2016 Monday Pre -Council Workshop/Presentation ***6:00 PM*** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 72 Agenda Page 2 of 72 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Monday, January 25, 2016 at 6:00 p.m. ..........................................•••••••••••••••••••••••••••• 6:00 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP Bed and Breakfast Workshop CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 None CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for January 2016 for Helen M. Knight School 3-2 Presentation by the Bureau of Land Management Regarding a Rotary Park Barracks Display PROCLAMATIONS 4-1 None PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Request by MacArthur Lloyd for an Amplified Music Event at Old City Park on May 21, 2016 6-2 Approval of a Request by the Moab Music Festival for an Amplified Music Event at Old City Park on September 5, 2016 6-3 Approval of Event Licenses and Permits for the Canyonlands Half Marathon Event to be held on March 11 and 12, 2016 1. Approval of a Special Business Event License 2. Approval of a Park Use Permit for Swanny City Park 3. Approval of a Class IV Special Event Beer License 4. Conditional Approval of a Park Alcohol Permit for Swanny City Park 5. Approval of Local Consent for a state -issued Special Event Beer Permit Agenda Page 3 of 72 6-4 Approval of a Special Event Business License for the Thelma & Louise Half Marathon to Conduct a Road Running Event Expo on June 3, 2016 at the Moab Arts and Recreation Center 6-5 Approval of a Special Business Event License for Moab Half Marathon Inc. to Conduct the Other Half Road Running Event Expo on October 22 - 23, 2016 at the Moab Arts and Recreation Center SECTION 7: NEW BUSINESS 7-1 Approval of Task Order 380.06.100 with Hansen, Allen & Luce, Inc. Accepting the Scope of Work for 2016 Private Development Review Support with a Fee Amount Not to Exceed $25,000 7-2 Approval of the Letter of Intent to Aqua -Aerobic Systems, Inc. for Sequencing Batch Reactor Equipment at the New Wastewater Treatment Plant 7-3 Confirmation of Mayoral Appointment of Statutory Appointees: a. Chief of Police — Mike Navarre b. City Recorder/Assistant City Manager— Rachel E . Stenta c. City Treasurer — Jennie Ross d. City Attorney — Chris McAnany 7-4 Confirmation of Mayoral Appointment to the Moab City Planning Comission of Laura Uhle for a five-year term ending 7-5 Confirmation of a Mayoral Appointment to the Solid Waste Special Service District #1 of Councilmember Kalen Jones to serve a four term ending December 31, 2019 7-6 Award of the Fitness Equipment Bid 7-7 Approval of a Settlement Agreement with Silver Spur Construction SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT 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 a Agenda Page 4 of 72 / 00Y op, la MOAB / MOAB CITY COUNCIL MEETING JANUARY 251 201-6,41 1 Agenda Item / #: Click here to enter text. PL-15-051 Title: Discussion of Draft Ordinance # 2015-08 Amending Conditional Uses and Specifically Bed and Breakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Background/Summary: The attached draft ordinance is based on discussions with Council, comments submitted by two council members, remarks from the public, and discussions at planning commission meetings. Additional updates to the text and the review process were determined by planning staff and the city attorney during the legal review. The intent of the ordinance is to 1) bring the text into line with Utah statutes, and 2) tighten the requirements for bed and breakfasts so that conflicts with residential uses are lessened by allowing B&Bs in more appropriate locations in the city. It will bring the code into compliance with the language of state code that requires an applicant to meet "reasonable" conditions for conditional uses. The changes to the criteria include: 1. Prohibit siting bed and breakfasts in inappropriate areas where there are physical restrictions such as narrow lots, cul-de-sacs, and dead end streets. 2. Limiting the number of rooms to five. 3. Locating the use in an existing structure that is a minimum of 2,000 square feet in size. 4. Prohibiting the construction of a new structure specifically for the use and requiring a two- year time period before the owner can apply for a bed and breakfast. 5. Limiting the construction of an addition specifically for the use to 20% of an existing structure. 6. Providing a minimum separation of 300 feet between bed and breakfasts. 7. Reducing the number of public hearings to one before the Council. The reference to the "bed and breakfast home occupation form" has been removed as it is redundant to the business license and Conditional Use Permit applications. Changes to the process are proposed and include a "public review meeting" rather than a public hearing before the planning commission with a written recommendation to council presented in the form of a resolution. The public hearing before council, as the land use authority and the elected body, remains the same. Also, the time for an appeal of a decision by City Council to the Appeal Authority has been extended from ten (10) days to thirty (30) days to be in line with other appeals in the code. Additional required submittal information has been added to the general requirements for conditional uses as well. Page 5 of 72 BED AND BREAKFASTS 111.11111 0 150 300 600 1 inch = 300 feet 900 Feet 1,200 rlkrrfalar if rtfrtf Of roan fttfttMtrfilthrftMHOS rrftafrtfttat i ■ ■rrrtrrfrtfrrrtr� C 3 CD r' N w M Lu I MI6 � 11 tr�tr�rr�►t�rr�r r- Tram Parking I Kane spring i 1.1 i x 1 i River Sands Rd 4.rtf1-1 it r ittfrtM rod i J 400 North St rtftrfrt�rritrftro 1.T1. •rrtitrfni ■ i &mrtft/Sum' 1-1 Iguana! i N r -- --- i fo-d geel 5 IRm 1J- a-g W. Hale Ave m byru Rve Apo Gala Ave. ca C c Winesap Cir r iw ttftrft11 �rtwtrfttrf' a is "IN nfrtfrfin'irrfftfriirfrurtrfrfi111DIMrtfriilttftffr1•mi11 al I rinfnmrrwrr Portal Vista Loop trrtuuutrfufufrrfufrrfurrtrfrrMuft a=a lrfrrirtfrrrtrrwrii I co 0 Ll Holiday Ct a cca v v c� v Bartlett Cir Holiday Tri Holiday Rd Holiday Pky v Holiday Ter 0 2 Holiday PI Holiday Ln Holiday Dr Bartlett St 4. 4,• rr4 r•� r•4 •'4 rr� rr� r. a Carlos Ct Juan Ct s Mc Cormick Blvd b bs of n��e 5v N. Mi Vida Dr. ! Moer_kQpi Ave (- Mc Gill Blvd Chinle Ave Wingate Ave o 3 N U Topaz Cir Q D Park Dr Care Campus Dr Orchard Park Ln W 200 South St Park Dr Shields La_ �6q) C CO Rosalie Ct Emma Blvd Maxine Auk L Q 400 North St a) co Q l Park Dr 200 North St Walnut Ln Kane Creek Blvd Emma Blvd 1 Williams Way' Y i West Center St 100 West St O pttrfrtftrnrrfttftttirrtf ttftrfttfttfrtrtrftrfrtfrtrrrwttfrtrftrat ■ 100 North St Center St rn t to 'too South 200 South St Nob Hill 200 North St f 100 East St i _t_ 300 South St Grand Ave co w 0n L'V w T 200 South St Legend R-1 R-2 R-3 R-4 sr mme City Limits ifrrirri Ownership Parcels ME Bed and Breakfasts NMI Bed and Breakfast 300ft Buffer MH/RV-1 Bed and Breakfast 500ft Buffer RA-1 A-2 C-1 C-2 C-3 C-4 C-5 I-1 RC 5AR FC-1 County Bed and Breakfasts 1) Sunflower Hill 185N300E 2) The Mayor's House 505 E Rosetree Ln 3] Cali Cochrta 110 S 200 E 4) Adobe Abode 778 Kane Creek Blvd 5) Su Casa Inn 310E100N B) The Launchpad 590 N 500 W 7) Red Valle Homes 257 Sundial Dr I 7ittfrtfrrrfrtftrftrrrttfrtfrtitrftrftrfrrftrftrfrrfttfrtrtrtfrtftrfrrfftitritrftrfrlflrfMBIMina rrfrrwrrfrrfrlgill frrMil irlfllflriufrrMrr Rockridge Access Rd �y2 Rose TreE Nichols Lane 200 South St Sundial Drive Oliver St Loveridge Hillside Dr t is Page 6 of 72 Survey of Bed and Breakfasts in Select Communities Jurisdiction Status Parking No. of Rooms Allowed in Zones Zone Description Signs Restrictions Food service Comments Page 7 of 72 Jackson, WY (pop. 10,135) Grand Teton; Yellowstone; National Elk Refuge Accessory use/basic use permit; CUP in mixed use Business Conservation Zone (primarily residential but has existing businesses in them so they are not nonconforming ) .75 space/bedroo m 1 per owner 4 Lodging Overlay Zone; commercial; SFR Largely commercial; one exception: Business Conservation Zone; SFR allowed in zone None No more than 8 lodgers; Owner or manager must be on site at all times; Up to 30 days stay Up to 2 family- style meals to lodgers/2 4 hour period; Neutral on the subject, but zoning protects neighborhoods . Considered an accessory use Sonoma, CA (pop. 10,892) Center of Ca's wine industry; Sonoma Film Festival CUP 1 space/ bedroom 1 per owner 5 1.Residentia I Hillside; 2.Residentia I Rural; 3.Residentia I Low density 1. SFR hillside low density; 2.SFR low density 3.SFR low density 1 sign- 2 sq ft 2 persons/ bedroom; Owner/manager on site; May stay up to 29 days or less Breakfast only for guests Weddings, amplified music allowed only by CUP; 6' privacy fence/wall req'd between inn and residential zone; Vernal, UT (pop. 10,344) Dinosaur Nat'l Monument; Flaming Gorge Nat'l Rec. Area CUP 1 space/ Bedroom 2 per owner Hard surfaced parking req'd. (see comments ) All zones Residential and commercial 1 sign-2 sq ft Owner on site, may have 1 employee who does not reside at the location; not unduly increase traffic on street; Breakfast only for guests Parcel and home shall be sufficiently sized to be in scale with the number of lodgers and residents; meet applicable regulations of the zone. Jurisdiction Status Parking No. of Rooms Allowed in Zones Zone Description Signs Restrictions Food service Comments Page 8 of 72 Cortez, CO (pop. 9,590) Mesa Verde; Hovenweep CUP 1/bedroom; 2/ residence 5 1.Residentia I Estate (RE); 2.multi- family zones (R-2) 1. 1 acre; 2. 7,000 sq ft 2 sq ft non- illuminate d Less than 30 days stay Breakfast only to guests Allowed as permitted lodging use in commercial zones Durango, CO (pop. 17,600) Chaco Canyon; Y Weminuche Wilderness; Narrow Gauge Train Allowed as Limited use, Special use or conditional use in residential zones on specific lots; 1/bedroom; 1/resident Generally 5 (Depends on zone: up to 17 in EN-2, 22 in EN-1 CUP in EN-1, EN-2, EN-MF, and RM; Limited use in RA Zone; Special use in RH EN -1 Established neighborhood (Old Durango) 4 sq ft to 8 sq ft or more (Depends on zone) Complex code One vacation rental allowed per street segment (block face); Must be an adaptive reuse of an existing building; Less than 1 week stay; Manager on site At least one meal to guests EN -2 2nd and 3rd Ave neighborhood s EN - MF Established neighborhood multi -family RM Residential Medium Density RA Rural Ag/low density RH Most intense residential district Bar Harbor, ME (pop. 5,500) Acadia Nat'l Park Allowed use in nearly all zones with an approved site plan B&B 3 and 4 need a CUP 1/room, 1/residence in some zones None required in most other zones- promoting walkable community By type of B&B: 1=5 rooms land 3=6- 10 4-5=10-12 rooms OR TA-1=1-3 rooms TA-2 4-5 rooms TA-3=10- 12 rooms All but Village Residential (old SFR) Commercial, residential, and mixed- use zones 4 sq ft to 12 sq ft (Depends on speed limit) Complex code- No more than 2 guests per room; Host family or manager on site. Standards differ by zone; New category called "Transient Accommodations. " Use allowed with a site plan review. No parking allowed within side or front setbacks. One or more meals to guests "If a lodger has to park a block away and walk then that's how it is. The winter snows slow down the use of the B&Bs so not such a big deal year-round." Many located in large historic homes, income is needed for maintenance and the owner can continue to live in town. Page 9 of 72 Jurisdiction Status Parking No. of Rooms Allowed in Zones Zone Description Signs Restrictions Food service Comments Park City, UT (pop. 7,962) Deer Valley Resort; Park City Mountain Resort; Sundance Film Festival; Home of the United States Ski Team CUP in 8 zones; permitted use by right in 2 zones , not allowed in 3 zones; Administrative permit in 2 zones 1/room; 1/owner 1-10 Depends on zone; minimum of 2 rooms CUP in HRL; HR-1; HR-2; HRM; E-40; E; SF; R-1; RD; RDM; RC; Permitted in RC;GC; Adm. Permit in HR; HRM (HRL)Hist. Low density (HR-1)Hist. Residential (HR-2)Hist. Residential (HRM)Hist. Resid Med (HRC)Hist Rec Comm (HCB)Hist Comm Bus (E40)Rural Estate (E)Estate (SF)Single family (R-1)Residential (RD)Res development (RC)Recreation Comm (RCO)Reg Comm Ovrly (GC)General Comm (LI) Light Industrial None Complex code- Owner/manager on site; must be in a historic structure One or meals served only to guests Daily maid service may be provided; Max number of rooms determined by applicant's ability to mitigate the impacts. Bozeman, MT (pop.39,860) Museum of the Rockies (Smithsonian) Bridger Bowl; Big Sky Rsor; YellowstoneN P CUP in 4 residential zones 1/room; 1/owner 1 or more depending on zone R-S R-1 R-2 R-3 R-4 R-0 (R-5) Res suburban (PUD only) (R-1) RSF low density (R-2 R) two -household med density (R-3) Res med density (R-4) Res high density (R-0) Res -office (RMH) Res Mfg home Size depends on the zone and on building frontage; Maximum of 80 sq ft in R-0 2 guests/room; Owner occupied Breakfast served to patrons Bend, OR (pop.81,236) Pilot Butte ; Newberry National Volcanic Monument; Mount Bachelor; Oregon Badlands Wilderness; Pilot Butte SP; Tumalo SP CUP in all residential districts; Use by right in commercial zones 1/room; 1/owner or manager 4 CC CB CL CG UAR RL RS SR2 RS RM10 RM Convenience Commercial Central Business Commercial Limited General Commercial Urban Area Reserve Low Density Resid. Standard Density Res. Suburban Low Density Residential Standard Density Res. Medium-10 Density (multi-) Residential Medium Density Res. Based on the width of building and the sign zone. 2 guests/room; Owner/manager occupied; 400 feet separation between inns along the same street All meals to guests only 1 employee allowed Page 10 of 72 Jurisdiction Status Parking No. of Rooms Allowed in Zones Zone Description Signs Restrictions Food service Comments Gardner, KS (pop. 20,365) Santa Fe/Oregon Trl. split; Shawnee Indian Mission St. Hist. Site; Gardner Hist. Museum; Old Olathe Naval Air Museum Site plan approval by Planning Commission 1/ room; 4/residence 5 C-1 R-1 Central Business Dist. Single Family Resid. R-1: 1 unlit sign of 6 sq ft; C 1 1 Sign/ facade at 5% of facade area 2 signs if on corner lot Extension Signs limited to 8 sq ft In a single family residence; Owner/manager on site; stays of 6 consecutive nights;only Must be located in proximity or on a collector or arterial street designated in the Comprehensive Plan; All parking is paved;Screeening (landscape or fences) required;Planning Commission approval of a site plan All meals served to guests Springdale, UT (pop. 550) Zion N.P. Allowed in commercial zones, site plan Commercial only Until approximately 15 years ago, the town allowed B&Bs in residential zones. At that time it was decided that the town would revert to a strict Euclidean Zoning and not have any commercial in the residential zones. While there are standards in the code, they are obsolete. Page 11 of 72 Summary of B&B Survey I I Element I Typical I Range I I Number of rooms I 4-5 I 1-22 I Allowed in types of zones Mostly residential Ag to Commercial Review status Special or conditional use Allowed use, site plan review, CUP Parking spaces for rentals 1 per room 0-1.5/2 units (.75/unit common number of spaces) Parking for residents 2 1-4 Separation between B&Bs N/A None to block face to 1,000 feet I Onsite management I Owner Owner or manager Size of property No restrictions Varied greatly Building age New to historic Historic was common Signs 2 square feet None allowed to over 12' Restrictions 2 persons/room Food Breakfast I Up to three meals a day to lodgers Page 12 of 72 lof2 Moab City Council Ordinance #2015-05 Bed and Breakfast Discussion Duplicated and antiquated language has been removed and new sections on enforcement and penalties and a requirement to record the conditional use permit have been added. The recordation of the permit with Grand County is in line with Utah statute. A conditional use runs with the property not the owner and references to a new permit being required with changes in ownership are not legal and have been removed. Recording of the permit will provide the conditions of approval to potential buyers of real estate with an approved CUP. pAplanning department\2015\correspondence\p1-15-51 cc b56 discuss.docx Page 13 of 72 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 2s, 2016 / / Agenda item #: 6-1 Title: Approval of a Request by MacArthur Lloyd for an Amplified Music Event at Old City Park on May 21, 2016 Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Recorder Applicant: MacArthur Lloyd, Canyon Ceili Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve Amplified Music at Old City Park for MacArthur Lloyd on May 21, 2016." Attachment(s): Please see attached letter from MacArthur Lloyd. 21 [Agenda Page 14 of 72 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: MacArthur Lloyd Name of Organization and Event if applicable: Tne Canyon Lein Address. P.O. Box 83 Moab, UT 84532 Day Phone: 208-290-4781 Email: arth ci co Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. Old City Park Please indicate the proposed dates and times of use. Proposed Start Date: 05/21 /2016Start Time: 12.00p1/pm End Time: am/pm Proposed End Date: 05/21/2016 Start Time: am/pm End Time: 9 02alam/pm Please specify what areas of the park are proposed for use. For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 25 Number of spectators that you expect: 50 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Pop up shelters for artists or Spectators Will amplification be required for your event? Yes No Please specify any electrical needs for your event: 2 Outlets (Provided on stage) Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. Parking lot is more than sufficient If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. ras c a) a) PLEASE COMPLEXEil TlifR SIDE Page 10 of 26 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No "v For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: Vnluntaprs on site For groups over 100 people, please describe your refuse control and recycling plan: Please describe your clean-up plan during and after the event: All musicians and volunteers to clean up site Please describe your restroom facility plan: On Site Restrooms are more than sufficient iTlii;kiiiiiiiih6,_ Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: By providing free and community based entertainment and social networking designed to give thanks to local artists, performers, and community minded folks. Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. MAcAtthut Lloyd Signature of Contact Person: Date 11 /28/2015 r-- Office Use Only Public Works Review: Police Department Review: Administrative Review' Park Use Fee:. Date Fee Paid: Date of City Council Approval' Insurance Received' Final Set up Diagram Received. Special Conditions or Requirements: Other Required Permits and Approvals C a)a) Page 16 of 72 Page 11 of 26 Macelmhuryi. Lloyd Website: www.macarthurlloyd.com Email: macAmacarthurlloyd.com Phone: 208-290-4781 To who it may concern: I am writing this letter to support my recent application (dated: i a 17l ( �` ) for use of Old City Park for the following event on 05/21/2016, which will require amplified music. Event Title: The Canyon Ceili Event Description: A day of free music, art and entertainment focusing exclusively on local artists. The over all theme will be centered around Folk, Celtic, Latin, Native and any other Traditional themes that are present in our community. Event Mission: The purpose of this event is actually headline the local artists who are barely included (if at all) in today's festival, fair and concert scene. By dong so, I hope to encourage a traditional sense of community between artists, craftsmen and townsfolk that rarely exists outside of classic literature and legend. Thank you in advance for your consideration, and I hope the benefits to the community are apparent in such an event and will influence your decision. Respectfully yours, Mac ander Lloyd I al rilt1/45- PI,ov.e- -1* ao2-)-90-972l Page 17 of 72 C a) a) AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 25, 2o16 Agenda. item #: 6-2 Title: Approval of a Request by Moab Music Festival for an Amplified Music Event at Old City Park on September 5, 2016 Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Recorder Applicant: Moab Music Festival, Erin Groves Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve Amplified Music at Old City Park for Moab Music Festival, September 5, 2016. " Attachment(s): Please see attached letter from Erin Groves. 21 Agenda Page 18 of 72 !i () \' MUSIC FESTIVAL music in concert with the landscape January 7, 2016 Moab City Council 217 East Center Moab, UT 84532 Dear Council Members, The Moab Music Festival respectfully requests an approval for amplified music for our reservation at Old City Park on Monday, September 5, 2016 for the Moab Music Festival's Rocky Mountain Power Family Picnic Concert. We make this request in order to offer a free amplified music concert to the general public as part of the Festival's Education and Community Outreach Program. The concert will take place at 2:00 p.m. for approximately two hours. We appreciate your consideration of our request and can answer any questions that you may have. Sincerely, Erin Groves Festival Coordinator Michael Barrett, Music Director A Leslie Tomkins, Artistic Director 58 1= 300 S Moab, UT 84532 0 435-259-7003 www.moabmusicfest.org Page 19 of 72 f MOAB CITY COUNCIL MEETING January 25, 2016 Agenda Item #: 6-3 Title: Approval of Permits for Canyonlands Half Marathon Fiscal Impact: Law enforcement and other city services are needed to support this event. These costs, amounting to several thousand dollars, have been budgeted for. The special event, park and beer permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Carmella Galley Department: Recorder Applicant: Moab Half Marathon, Inc. Background/Summary: Moab Half Marathon, Inc. has submitted all of the required applications to hold the annual Canyonlands Half Marathon, utilizing Swanny City Park, the Center Street Gym, Moonstone Gallery, and the City right-of-way. Note that one of the beer gardens shown in the permit applications in located on 400 North Street. City code allows for this so long as the street is shut down and all other permit requirements are met. The Special Event Permit entails the closing of 400 North Street. Approval of the Special Business Event License and the Special Event Beer License applications assume approval of the locations for the beer gardens. The Canyonlands Half Marathon is a long-standing event with established protocols and procedures and excellent coordination with the City, Grand County and other agencies. This event rarely generates complaints and is well -run. The event provides broad -based benefits to the community, justifying use of Swanny City Park for the event. Please note that several of the required/permits are contingent upon other approvals. The following approvals are needed: 1. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of a Park Use Permit for Swanny City Park 4. Conditional Approval of a Park Alcohol Permit for Swanny City Park 5. Approval of Local Consent for a state -issued Special Event Beer Permit Agenda Page 20 of 72 The City Special Events Committee has met with the event organizer and reviewed the applications for the required permits and licenses for the Canyonlands Half Marathon. We are of the opinion that all issues have been or will be adequately dealt with. Approval of the Park Alcohol Permit should be conditioned upon securing state approval of the Special Event Beer Permit and submitting said permit and documentation to the City. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommend approval of all items with the following conditions (new recommendations in italics): 1. Porta-potties should be located on the pavement on soo West, ensuring that there is no impedance or obstruction of the crosswalk or crossing signs on soo West. Porta-potties shall not be located on the grass. 2. City vehicles behind the Center Street Gym will be moved by end of the day on March 8. 3. After cars are moved from behind the Center Street Gym parking lot to provide for marathon staff loading and unloading, Moab Half Marathon staff will barricade the parking spots to ensure that parking is reserved for Canyonlands Half Marathon use. 4. No vehicles parked behind center street gym can be parked two vehicles deep — this blocks Emergency Medical Service vehicle access exiting the adjacent Grand County EMS driveway. 5. All park fees need to be paid at least two weeks prior to the event. 6. Approval of the Park Alcohol Permit should be conditioned upon securing State of Utah approval of the Special Event Beer Permit and submitting said permit and documentation to the City. 7. Moab Half Marathon, Inc. shall ensure that no official event organizer consumes alcohol in the approved beer gardens while acting under the auspices of the event. 8. Moab Half Marathon, Inc., shall ensure that all areas where alcohol is consumed are at least soo feet away from the Skate Park, the Aquatic Center building, and the delineated playground. g. Moab Half Marathon shall facilitate normal pre -event coordination with city staff. so. We know that flyers on parked cars have been an issue at previous events. We will contact any distributors of flyers. We ask that you make your vendors and participants aware that flyers on vehicles are prohibited and encourage them to drop any flyers off at the City. sz. On Friday, March 20 no street closure allowed on yoo North or MiVida until after 13o PM to accommodate the HMK Early Out dismissal. Agenda Page 21 of 72 Recommended Motion: "I move to approve (insert name of agenda item), subject to the twelve conditions outlined in the Agenda Summary for the Approval of Permits for the Canyonlands Half Marathon" Attachment(s): Special Business Event License Application Class IV Special Event Beer License Application Application for the Special Use of City Parks Park Alcohol Permit Application Application for Local Consent for a Special Event Beer Permit Agenda Page 22 of 72 r DATE PAID: AMOUNT PAID: RECEIPT No.: a, c3 0 LYO CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB OR SPECIAL EVENT FEE: PLUS (CHECK ONE): 01 TRANSIENT ($90): PICURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 aoc NAME OF EVENT: Canyonlands Half Marathon and 5 Mile Run DESCRIPTION OF EVENT: 13.1 and 5 mile road races LOCATION OF EVENT: Center Street Gym, Hwy 128, Swanny Park (including pavilion, parking, restrooms) PREMISES TO BE USED: Center Street Gym, Swanny City Park TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: March 11 and 12, 2016. 11 am to 9 pm Friday. 6 am to 4 pm Saturday. ANTICIPATED # OF EVENT PARTICIPANTS: 4700 NUMBER OF VENDORS PARTICIPATING: 5-10 TYPES OF VENDORS PARTICIPATING IN EVENT: athletic wear, health products, food, beer, info EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): entry fee, booth rental EVENT SPONSOR'S NAME: Moab Half Marathon, Inc. / Ranna Bieschke PHONE: 435-259-4525 SPONSOR'S ADDRESS: PO Box 743 CITY: Moab STATE: UT ZIP: 84532 SPONSOR'S DRIVER LICENSE NUMBER S- STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: M PROPRIETORSHIP M PARTNERSHIP E CORPORATION MOTHER (SPECIFY): DATE OF BIRTH: EVENT SPONSOR'S SALES TAX ID #: _1111111111NAME REGISTERED WITH THE STATE FOR TAX ID: Moab Half Marathon, Inc. THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/VVE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS INFORMATION CONTAINED HEREIN IS TR AND APPLICANT (SPONSOR). J(WE ACRE FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signature of Sponsor State of Utah ) ) SS County of Grand ) // YJmm SUBCRIBED AND SWORN to before me this / b day of ¢-c.e_mk-- , oZa/J .. N �JFNNIE ROSS��.�� `'tom Notary y Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQ RUI /1 N NOTARY PUBLIC Ia C a) Page 14 of 26 Page 23 of 72 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(Sy LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DIPR REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 ca C a� Page 29 ®tom CITY OF MOAB USINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: WI iiCsi MOAB CITY CODE: 11. V" { • 2, SIGN PERMIT: 12KU( �C/�✓ MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL ❑ YES O SPED! A L -\161117- CO ti 11C1 L AT;PPt ❑ YES LI]' No REVIEWED BY ZONING ADMINISTRATOR: DATE: a' 1W 11 -) NAME OF APPLICANT: Ranna Bieschke PHONE: 435-259-4525 APPLICANT'S MAILING ADDRESS: PO BOX 743 CITY: Moab STATE: UT ZIP: 84532 BUSINESS NAME: Moab Half Marathon, Inc. BUSINESS LOCATION: 36 S 100 E ZONE: C2 Event Organization DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 3 i l 06/16/05 Ia C a) Page 16 of 26 Page 25 of 72 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Ranna Bieschke Name of Organization and Event if applicable: Moab Half Marathon, Inc. / Canyonlands Half Marathon Address. PO Box 743. 36 S 10 E Moab UT 84532 Day Phone: 435-259-4525 Email: jnfo(a�moabhalfmarathon.com Proposed Park Usage Information Which park to you intend to use? Swanny Park. '/ Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: 3-11-16 Start Time: 11 am am/pm End Time - Proposed End Date: 3-12-16 Start Time. 6 am am/pm End Time. 6 pm 4 pm am/pm am/pm Please specify what areas of the park are proposed for use Pavilion, parking, restrooms, all grass areas For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 4700 Number of spectators that you expect: 10,500 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: See document "Swanny Park Layout" Will amplification be required for your event? Yes No Please specify any electrical needs for your event: We will use available outlets on park premises. Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. See document "Safety Info" (2 pages) If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. See documents "Swanny Park Layout" and "Safety Info" ca c a) a') PLEASE COMPLETE OTHER SIDE PRAgf3172 Do you intend for the park to be open to the public during your event? Yes 'r No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: Volunteers and staff will be used throughout the park to keep crowd in control & to answer questions. For groups over 100 people, please describe your refuse control and recycling plan: We will bring in trash, recycle and compost bins, and remove all of our waste after the event. Please describe your clean-up plan during and after the event: We will leave the park as clean or cleaner than when we started. Please describe your restroom facility plan: In addition to existing park restrooms, we will also bring in porta-potties from Zunich Brothers Mechanical. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: See document "Benefits for the Moab Community" Please specify and describe other community or city facilities that you plan to use: We will use Center Street Gym for our packet pickup expo the day before the race. Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application s t e and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached his Signature of Contact Person: Date. Office Use Only Public Works Review: Police Department Review: Administrative Review: Park Use Fee: Date Fee Paid: Date of City Council Approval. Insurance Received Final Set up Diagram Received Special Conditions or Requirements: Other Required Permits and Approvals ca C cn Pug?? �� 1 FINISH AREA LAYOUT AT SWANNY CITY PARK MHM booths Bleachers Announcer's tower Refuse Stations Water tables MHM snow fencing Power cord Potable water hose MHM barricades C1if snow fencing MHM booths Vendor booths Chanty booths Refuse Stations Water tables Power poles MHM snow fencing Power cord Potable water hole No Parking signs CI ® 12E2E3 FINISH LINE LAYOUT AT SWANKY CITY PARK Beer Garden A Beer Garden B Page 28 of 72 ' Moak Nall Marathon P.O. Box 743 Moab, UT 84532 Benefits for the Moab Community from the Canyonlands Ralf Marathon Moab Half Marathon, Inc. (MHM) presents four road races every year in Moab bringing more than 20,000 runners and spectators to the community. A conservative estimate puts the economic impact of MHM events on Grand County at nearly $6M in revenue every year. Contributing to the local economy is a priority for MHM. In 2015, MHM made over $28,000 in charitable donations to local organizations. Recipients include Young Life, Community Rebuilds, Canyonlands Community Recycling, Humane Society of Moab Valley, Moab Regional Hospital, Seekhaven, BEACON, the local chapter for Girls on the Run and Grand County High School boys' basketball team, service scholarship, cross country team, track team, and cheer. Page 29 of 72 C a) ' Moab Half Marathon P.O. Box 743 Moab, UT 84532 Canyonlands half Marathon Moab City Race Safety Logistics Moab City Public Works 1:30 PM Friday: close 400 N from Park Ave to 100 W, including Mi Vida Safety staff will setup barricades and all necessary signage, including detours around Swanny Park. Area will remain closed until 3 PM Saturday. 6: 00 AM Saturday: Safety staff will move barricades at 400 N/Park Ave west to Park Rd 3:00 PM Saturday: Safety staff will pick up all City equipment. Moab City Police 6:00 AM Saturday: Officers will direct traffic and close roads as follows: O 400 N/100 W: officers and MHM staff will direct shuttles heading west on 400 N to 100 W (half marathon shuttles) or HMK (five mile shuttles). The HM shuttles will load on the south side of Swanny Park; reserve shuttles will be double stacked on 100 W. FM shuttles will load at the bus loading area of HMK; reserve shuttles will park in the school lane east of the loading area. O 100 W/200 N: officer(s) will redirect traffic heading north on 100 W to turn right 200 N as this area will be concentrated with buses and runners. O 400 N/500 W: officer(s) will direct shuttles north to 500 W from 400 N. O 500 W/Hwy 191: officer(s) will help shuttles access Hwy 191 north from 500 W Final shuttle will leave NLT 9 AM. 9: 00 AM: Officers will close 400 N east of 500 W and will close 500 W north of 400 N. Officers will close 400 N at the east entrance of the LDS church to allow traffic to exit parking lot; traffic will head west only from parking lot. 1: 15 PM: Officers will open traffic at 500W/Hwy 191 and 400 N/500 W (to Park Rd only). 9:00 AM: 2 officers will arrive via bicycle to Five Mile staging and check in w/MHM staff at Bill Canyon PL; they will proceed to FM start line and slow traffic for race timers 9:30 AM: 2 bicycle officers will lead FM runners along course to race finish Grand County Sheriff 7:30 AM Saturday: 2 officers will arrive to Half Marathon start located at BLM Takeout Beach on Hwy 128 (between MP 10-11). They will check in with MHM start coordinator Dave Montgomery. 1 officer will act as race lead vehicle and will park near pullout area. Wheelchair race will start at 9:50 AM; runner race will start at 10:00 AM. after Wheelchair participants pass, officer will move to center of Hwy 128. At race start, officer will proceed in front of runners to Hwy 191. Officer will then proceed down to 500 W and wait for lead runners; once contact is remade officer will proceed to finish on 400 N. 1 officer will act as race sweep and will park behind race start at approx. MP 11.5; starting at 8:00 AM officer will prevent all traffic from proceeding on Hwy 128 (including race shuttles coming from lodging east of race start). Sweep officer will remain behind last race participants until 1:00 PM, at which time officer will direct traffic to proceed west on Hwy 128. Page 30 of 72 C a) a) Moab Hair Marathon P.O. Box 743 Moab, UT 84532 Grand County EMS One EMS ambulance and 2 EMT will arrive at finish at Swanny City Park no later than 9 AM and will check in with Finish Coordinator Dan Stenta for instructions. Vehicle and staff will remain at finish area, unless dispatched, until 1 PM. EMS staff will be available in the finish chute. (More EMS and EMTs on course, as well.) Volunteers Volunteers will be throughout the park helping answer questions and directing the crowd. They will be in easily identifiable, matching shirts. Page 31 of 72 C a) CERTIFICATE OF INSURANCE DATE: 11 /16/2015 CERTIFICATE NUMBER: 20151116387813 AGENCY: ESIX 3 LLC d/b/a Entertainment &Sports Insurance eXperts (ESIX) d/b/a Entertainment and Sports Insurance Agency (California) 2727 Paces Ferry Road, Building Two, Suite 1500 Atlanta, GA 30339 678-324-3300 (Telephone) 678-324-3303 (Facsimile) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NAMED INSURED: INSURERS AFFORDING COVERAGE: USA Track & Field, Inc. Moab Half Marathon 132 East Washington Street, Suite 800 Indianapolis IN 46204 INSURER A: Philadelphia Indemnity Ins. Co. INSURER B: Philadelphia IndemnityIns. Co. p EVENT INFORMATION: Canyonlands Half Marathon & Five Mile Run (3/12/2016 - 3/13/2016) POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE: POLICY NUMBER(S): EFFECTIVE: EXPIRES: LIMITS: A GENERAL LIABILITY X Occurrence PHPK1403938 11/1/2015 12:01 AM 11/1/2016 12:01 AM GENERAL AGGREGATE (Applies Per Event) $3,000,000 X Participant Legal Liability EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Each Occ.) $1,000,000 MEDICAL EXPENSE (Any one person) EXCLUDED PERSONAL & ADV INJURY $1,000,000 PRODUCTS-COMP/OP AGG $3,000,000 B UMBRELLA/EXCESS LIABILITY X Occurrence PHU6517449 11/1/2015 12:01 AM 11/1/2016 12:01 AM AGGREGATE (Applies Per Event) $10,000,000 EACH OCCURRENCE $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear -down, participant check -in and award ceremonies. The certificate holder is an additional insured as required by written contract or written agreement, but only for liability arising out of the negligence of the Named Insureds per the following endorsement: Additional Insured - Certificate Holders (Form PI-AM-002) The General Liability policy is primary and non-contributory with respect to the negligence of the Named Insureds (Form CG 00 01). The General Liability policy contains a blanket Waiver of Subrogation as required by contract per Waiver of Transfer of Rights of Recovery Against Others (Form CG 24 04). Excess policy follows form of underlying General Liability. CERTIFICATE HOLDER: NOTICE OF CANCELLATION: City of Moab/Moab City Recreation 217 E Center St Moab UT 84532 Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: f Page 32 of 72 C a) a) DATE PAID: I a / fa + j AMOUNT PAID: RECEIPT NO.: r 0 vo /6 -1 /01 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB O CLASS I FEE: O CLASS II FEE: ❑ PRIVATE CLUB O CLASS III FEE: '17/CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: Ranna Bieschke HOME PHONE: 435-220-0697 HOME ADDRESS: CITY: Moab STATE: UT ZIP: 84532 SOCIAL SECURITY NUMBER: DATE OF BIRTH:' DRIVER LICENSE NUMBER & STATE: BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: Moab Half Marathon, Inc. 36S100E BUSINESS MAILING ADDRESS: PO BOX 743 CITY: Moab SALES TAX ID #: BUSPNESS PHONE: STATE: UT 435-259-4525 ZIP: 84532 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I ❑ CLASS II ❑ PRIVATE CLUB ❑ CLASS III d CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? li NO ❑ YES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: Moab Brewery *Beer application is for 3.2% by weight only. Also requires a State license. 09121105 Page :iM2 C a) RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and vertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Applicant . Signature /14 n n`• Z 1 e se k Jct. , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this / C, day of I ;; % - JENNIE ROSS j t '� 1 Notary Public State of Utah ' Comm. No. 661521 My Comm. Fxpires Dec 11, 2016 nr „ , p-o f S Notary Public C a) a) Page 24 of 26 Page 34 of 72 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: March 12, 2016 - 6 am to 4 pm at Moab's Swanny City Park. The park will be the Finish Expo for the annual Canyonlands Half Marathon and 5 Mile Run. There will be vendors, music, a food area, and a beer garden. 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: Event planning and execution. 4. I Ranna Bieschke hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on 3-12-16 , starting at 10 AM PM, and located at Swanny City Park and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND ) ) SS ) for purposes of monitoring compliance with all license terms DATE: ->/ ! G/ l S� SUBSCRIBED AND SWORN TO BEFORE ME BY tea,nrlc� U f esCl� j[t, THIS I (ck DAY OF �tGc�r� , �ylS JENNIE ROSS ` Notary Public State of Utah Comm. No. 661521 M My Comm. Expires Dec 11, 2016 ON NOTARY PUBLIC Page 25 of 26 Page 35 of 72 BEER GARDEN LAYOUT DETAIL SWANNY CITY PARK i Deer Line- Metal Barricade MHM snow fencing Monitor Seale 2" = l 0' (NO^ �11 o•6°aa L _ J 21 & Over Only Serving and Storage Beer Garden A: 10' x 20' ca C a) Entrance • o oo a o 000. a o.e oo o6oO a a6 w 6 0606606666666 sas 6 a a ea s e. 0 B a a • a a a . e 0 0 0 e e o • 21 & Over Only • a o 0 d o a • e o O a i! G • • • • 0 O a 0 a 0 B 0 a a 0 a a Entrance a a Serving and Storage 6 a 0 0 a . 4 0 0 0 0 a e 0 0 0 0 0 0 0 0 0 o o 0 0 C 0 0 0 0 0 0 0 0 6 6 0 6 0 a 0 0 0 0 0 o 0 o o a a o c o o a a 0 Beer Garden B: 20' x 50' Page 36 of 72 Moab Half Marathon P.O. Box 743 Moab, UT 84532 Control Measures for Beer Gardens at the Canyonlands Half Marathon Beer Garden A 10' x 20' area, cordoned off with metal barricades is also the VIP area and no one under 21 is given a pass for this area a monitor is placed at the entrance and has a list of approved people people entering the VIP area will also show the monitor their race bib which will have their age printed on it; the monitor will also ask anyone they suspect to be under 21 to show proof of age free food is available and separate from the beer dispensing area for all who enter the VIP area Beer Garden B 20' x 50' area, cordoned off with snow fencing a monitor will be placed at the entrance, people entering will show their race bib which will have their age printed on it; the monitor will also ask anyone they suspect to be under 21 to show proof of age a monitor will be placed at the exit and will not let anyone enter, even if re- entering, the beer garden participants will receive one beer at a time free food is available for all participants 435- 435-259-3+56 (fax) Page 37 of 72 rrr@citlinlc.net www.moa6hal-rmarathon.org BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UT THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO MOAB HALF MARATHON, INC. LICENSE NO. 2211 Not Transferable FROM: 07/01 /2015 EXPIRES: 06/30/2016 LOCATED AT: 36 S 100 E In conformity with the ordinances of the City of Moab, Utah, to conduct a EVENTS/RETAIL business located within the City of Moab, Grand County, State of Utah commencing on 07/01/2015 and ending on 06/30/2016 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $90.00 dollars. LICENSE TYPE: EVENTS/RETAIL In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab on June 24, 2015. CITY RECORDER c� C cu Page 38 of 72 City of Moab Park Alcohol Permit Application and Checklist A Park Alcohol Permit may be granted if the City Recorder certifies that the applicant meets the conditions on the following checklist. The Applicant should complete the information on this form and submit the form along with the Park Use Application and the Special Business Event License Application. Applicant is responsible to abide by all applicable terms and conditions of this permit and all other required permits and approvals. Upon successful completion of all items on this checklist, the City Recorder will certify completion and issue the permit. PLEASE PRINT Applicant Information 4 Name of Person Responsible for Use of Park: Ranna Bieschke Name of Organization and Event if applicable: Moab Half Marathon, Inc. / Canyonlands Half Marathon and 5 Mile Run Address' PO Box 743 36 S 100 E Moab UT 84532 Day Phone: 435-259-4525 Date(s) of Event: March 12, 2016 Email: info@moabhalfmarathon.com Park Alcohol Permit Checklist (for internal use only) I certify that the event sponsor has completed all of the following approvals and is hereby issued a Park Alcohol Permit: Event Sponsor has obtained approval for a State of Utah Single Alcohol Permit or Temporary Special Event Beer Permit (applicable permit is attached) Event Sponsor has obtained approval for all applicable City of Moab alcohol licenses. Event Sponsor has obtained approval for City of Moab Special Event License for the event. Event Sponsor has obtained approval for a City of Moab Park Use Permit for the event. City Recorder's Signature Date PPa9ge 39 of 72 C a) EVENT PERMIT "TEMPORARY BEER" Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 City of Moab , [xi City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a temporary beer event permit license to: Applicant Entity/Organization: Moab Half Marathon, Inc. Event Name: Canyonlands Half Marathon & 5 mile run Event location address: 400 N 100 W Moab UT 84532 stroet city . aqi On the 12th day(s) of March , 2016 dam month .xar during the hours of 10:00 am - 3:00 pm , pursuant to the provision of Utah Code 32B-9. defined hmus form —to Authorized Signature Name/Title Date AS OF SEPTEMBER 1, 2015 THIS FORM MUST BE SUBMITTED TO THE DABC BY THE APPLICANT c� C cu Page 40 of 72 MOAB CITY COUNCIL MEETING January 25, 2016 Agenda Item #: 6-4 Title: Approval of a Special Event Business License for the Thelma & Louise Half Marathon to Conduct a Road Running Event Expo on June 3, 2016 at the Moab Arts and Recreation Center Fiscal Impact: City Services are needed to support this event Staff Presenter(s): Carmella Galley Department: Administration Applicant: Ranna Bieschke, Moab Half Marathon Background/Summary: The Thelma & Louise Half Marathon is an annual event. The main running event happens outside of city limits. However, registration, retail sales and an "expo' occur at Moab Arts and Recreation Center (MARC). The Special Business Event License is to cover the activities happening at the MARC. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License as presented. Recommended Motions: "I move to approve the (insert name of agenda item" Attachment(s): Special Business Event License Application Agenda j:\agenda draft documents \01-25-2016\6-4 agenda summary sheet thelma and 1ouise 2016.docx Page 41 of 72 DATE PAID: AMouNr Pam: a E . U RECEIPT NO.: WI/01 CITY OF aftiOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EASTCENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-1135 PLEASEMAKE CHECKS PAYABLE TO: CINYOPIHORs SPECIAL EVENT FEE g PLUS (CHECK ONE): CL TRANstENT ($SO): OR #CuRRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE#: ZONE: -$80:00- a 60- NALIE0FEvafr: 770met # I r AIet ovI e-0_ Expo / Packet Pickup DE.smerIoN OF EvEfar !"i } (i 4 rtio y7)re) ,eve. pt„Te-- L.00ATIONOFEV9ar, Moab Arts and Rdcreation Center PREMISEsTOBEUSED: Dance Room TEMPORARYSTRICTURF.STO BE USED OF ANY): DATE(S)AND TIME(S)OFEVENT: Friday 6/3/2016 all day MIMED 1000 n NUMBER OF VENDORS PARTICIPANTS: TYPES OFVENDOR,S PARTICIPATING IN EVENT: I ry -{' I Ain . � _" �1 f [,r.J i l i7�•foei2-tcr'tc E)LAIN FEES MOTO BY THEc;i/EVENT (LE. ADMISSION CHAOS, BOOTH FEES, RENTAL CHQ i� CHARGES, ETC.): at ij Pee) i b C, k rT44,4` EVENT SPONSOR'S NAME: AtU(<i•7 Yr(te f..(A KA111.0)-1� hi eA, � v � SPONSOR'SADDRESS: P' O �1?� 114 /g6 � ,S %On Cm: /V r C � STATE: � Ohp: �^S ?Q SPONsOR'S DRNER LICENSE NUMBER &STATE OR OTHERPROOF OF IDENTJTY SPONSOR'S SOCIAL SECURITY NUMBER DATE OF BIRTH: TYPE OF ORGANIZATION: D PROPRIETORSHIP d P'ARTNH25HIP XrCORp0FukTION rioTHER (SPECIFY): yy � jp L�NTSPONSORSSALEsTAxID#) MEREGISTERED WHINE STATEFOR TAX ID: AI Deli') WiI'� MetW,,Cht1,34 LI(.. PHONE: 2 ti 5.25; THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE THE ACTUAL UCH Nu BE ISSUED AFTER CITY COUNCIL APPROVAL IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE ALL INFORMATION MUST BE ACCURATELY COWLt i t0 OR THE ISSUANCE OF A LICENSE WILL BE DELAYED_ UWE KEN, mmuomam BUSINESS LJCENSE REGULATIONS AS SET FORTH 1 INFORMATION CONTAINS) HEREIN IS r E AND APPU(SPO State of Utah s,pnal= of Sponsor ) SS County of Grand ) SUBORLBED AND SWORN to before me this, ) day of HEREBYAGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE VNTH THE MOAB CITY MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE AND THIS UCENsE IS NON -TRANSFERABLE AND VAUD ONLY FOR THE ABOVE MENTIONED LOCATION PER REPORTS WITH THE STA OF UTAi. NOTARY PLIC D-c� �ec.rmb«, 02oIS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! JENNIE ROSS { i Notary Public �i Sr , _I State of Utah Comm. No. 661521 My Comm Expires Dec 11, 2016 Page 42 of 72 ATTACH LIST OF PARTICIPANTS OPERATING UNDER: THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDRIONAL INFORMATION INDICATED BELOW; LICENSE APPROVALS CITY STAFF ® APPROVED U DISAPPROVED REASON(S): LICEkSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL. REQUIRED 0 NO O YES AGENDA DATE: CI APPROVED © DISAPPROVED REASON(S): EvaJr COST RECOVERY SURCHARGE: SPECIAL. COMMONS: 07/01/05 Page 43 of 72 CITY OF OAB 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: • 4J1 hid MOAB CITY CODE: vi .Sao SIGN PERMIT: PEW 1 � "►�II� MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL ❑ YES No ❑ YES )14 No r(1 A l _ COOM REVIEWED BY ZONING ADMINISTRATOR: DATE: 1A. .n NAME OF APPLICANT: Ranna Bieschke APPLICANTS MAILING ADDRESS: PO BOX 743 PHONE: 435-259-4525 CITY: Moab STATE: UT ZIP: 84532 BUSINESS NAME: Moab Half Marathon, Inc. 1 BUSINESS LOCATION: 36 S 100 E ZONE: C2 Event Organization DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 06/16/05 ca C a) Page 16 of 26 Page 44 of 72 I MOAB CITY COUNCIL MEETING January 25, 2016 Agenda Item #: 6-5 Title: Approval of a Special Business Event License for Moab Half Marathon Inc. to Conduct the Other Half Road Running Event Expo on October 22 - 23, 2016 at the Moab Arts and Recreation Center. Fiscal Impact: City Services are needed to support this event Staff Presenter(s): Carmella Galley Department: Administration Applicant: Ranna Bieschke, Moab Half Marathon Background/Summary: The Other Half is a recurring event. The main running event happens outside of city limits. However, registration, retail sales and an "expo" occur at the MARC. The Special Business Event License is to cover the activities happening at MARC. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License as presented. Recommended Motions: "I move to approve the (insert name of agenda item" Attachment(s): Special Business Event License Application Agenda Page 45 of 72 DATE PAID: AMOUNT PAID: RECEIPT NO.: aco' I6 `7/01 cine OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ® TRANSIENT MO): OR _CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 NAME OF EVENT: The Other Half DESCRIPTION of EVENT: Half Marathon along Highway 128 and Sorrel River Ranch LOCATION of EVENT: MARC for packet pickup. Race is on Hwy 128. Race finish is at Sorrel River Ranch. PREMISES TO BE USED: MARC TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: October 22 and 23, 2016. 11 am to 7 pm Saturday. 8:30 am to 1 pm Sunday. ANTICIPATED # OF EVENT PARTICIPANTS: 2000 NUMBER OF VENDORS PARTICIPATING: 3-7 TYPES OF VENDORS PARTICIPATING IN EVENT: retail, health care, informational EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): entry fee, booth rental, retail sales EVENT SPONSOR'S NAME: Moab Half Marathon, Inc. / Ranna Bieschke PHONE: 435-259-4525 SPONSOR'S ADDRESS: PO Box 743 / 36 S 100 E CITY: Moab STATE: UT ZIP: 84532 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: 111.1111111111 DATE OF BIRTH: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP ® CORPORATION OOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: Moab Half Marathon, Inc. THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE U ERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPL SOR). I TO FILE PROPER REPORTS WITH THE STATE OF UTAH. Signature of Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLIV� 16 day of V e.c.-r.s,IA( SEE BACK OF FORM FOR ADDITIONAL R JENNIE ROSS Notary Public State of Utah Comm. No. 661521 Comm. Expires Dec 11, 2016 ca C ry cn Page 14 of 26 Page 46 of 72 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ Diaggagal REAsoN(s): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 4 gtn. 441111 07/01/05 Nos 47 of28 C a) } OF USINESS LICENSE COMPLIANCE FORM 217 E CENI•ER STREET MOAB, UT$4532 PNoNE: (435) 259-5129 Fax: (435) 259-4135 k ZONING ADMINISTRATOR: ® YES i7i) No CI YES FOR ZONING OFFICE USE ONLY PARKING: ?Al g E' I Kt67 MOM CITY CODE: 11,01, Pa SIGN PERMIT: 1 r"=/1r) MOVED -ON! NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL No n REVIEWED BY l 1 (") inaktk .sgY DATE: �a • tij • � i NAME OFAPPUCANT: Ram°, 13; .esc G-11 e- APPUCANI'S MAIuNGADDREss: Y o jay; `7-I-3 ..f_ PHONE gGei S Cm^. M OA1-) STATE 01- ZIP: ;`t 3 D.._ it BUSINESS NAME: 7 `I QLA6I BUSINESS LOCATION - .S ter)0 5 r; �I ZONE: trt Mci►2 DETAILED DESCRIPTION oFBUSINESS AcTnary: - -..nw.�,,,,,,,,,,,,,ay.,...+�. w..,.....•�..e,..e...wr......,.. --mow_ t�c�o-c..n...s�..��,.�..:,�..a_-,�•�..._��..�aw 06/16/05 Page 48 of 72 a) C a) a) Page 49 of 72 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 25/ 2016 Agenda Item #: 7-1 Title: Approval of Task Order #380.06.100 with Hansen, Allen, and Luce, Inc. accepting the Scope of Work for Private Development Review Support in an amount not to exceed $25,000 Fiscal Impact: $25,000 (budgeted in FY 2015/2016) Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Hansen, Allen, and Luce, Inc. (HAL, Inc.) Background/Summary: This Task Order will allow the Engineering Department to utilize Hansen, Allen, and Luce, Inc. (HAL) for assistance with the engineering and technical review of private development projects. All land development projects proposed in the City are required to submit detailed engineering documents as part of the application package, including site plans, utility plans, grading and drainage plans, and drainage reports. These plans and reports help the City ensure that the proposed development will have the required public and private improvements included with the project, and that all appropriate design standards for the improvements are followed. It is anticipated that calendar year 2016 will see an increase in private development activity, so the Engineering Department has worked with HAL to define the specific work required with the detailed engineering review of private development projects. This Task Order will allow HAL to be "on call" to provide assistance with development review as new applications are received, and will allow the City to maintain reasonable time frames in the review of those applications. This Task Order utilize budgeted funds in Fiscal Year 2015/2016 as part of "Professional & Tech. Services" in the Engineering and Planning Departments — General Fund budgets. Options: The Council may approve, approve with conditions, deny or postpone the item. 1 Agenda Page 50 of 72 Staff Recommendation: Staff recommends approval of the Task Order with HAL to provide Private Development Review Support. Recommended Motion: "I move to approve Task Order #380.06.100 with Hansen, Allen, and Luce, Inc., accepting the Scope of Work for Private Development Review Support in an amount not to exceed $25,000." Attachments: Task Order (signed by HAL) Agenda Page 51 of 72 ATTACHMENT A TASK ORDER NO. 380.06.100 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of Agreement: THIS TASK ORDER NO. 380.06.100 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of , 20 16 , by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 2016 Private Development Review Support 2. PROJECT SITE. The PROJECT SITE is located as follows: City of Moab 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $ 25,000. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed as negotiated on a project specific basis following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Name: Its: Its: Attest: Rachel E. Stenta, City Recorder Agenda Page 52 of 72 2016 PRIVATE DEVELOPMENT REVIEW SUPPORT BACKGROUND AND SCOPE OF WORK BACKGROUND The City of Moab provides engineering and planning reviews of proposed residential and commercial development projects within the City. The purpose of the reviews is to verify compliance with planning, zoning, utility and engineering requirements so that each development successfully functions as intended and so that each development is a benefit to the City. While primary responsibility of the development review work is provided by City Staff, some engineering and technical assistance is desired. This engineering assistance may include: 1) consultation on water, waste water, storm drainage or street improvements; 2) updates to existing water, waste water or storm drainage system computer models, when available; or 3) assistance with memos, reports, meeting attendance or presentations. Hansen, Allen & Luce, Inc. (HAL) has extensive experience assisting municipal clients with development review. With the review of over 10,000 residential lots and hundreds of commercial sites, HAL has experience working with local officials, engineers, architects, planners, and developers. This includes technical review, communication and reporting, and coordination with elected officials. HAL understands that the City of Moab is interested in establishing a standard procedure for assisting the City in the review of proposed developments, and will have a Task Order in place so that on -demand assistance is available to respond to development review as needed. Therefore, the following scope of work was prepared to define the engineering assistance. SCOPE OF WORK The scope of work is outlined by Task and Subtask below. Tasks: 1. Development Review Assistance a. Project management and communication b. Technical reviews of water, waste water, storm drainage, streets, grading, land surveying or other engineering items as needed. City Staff will indicate in an email which specific items and tasks will be addressed with each review. Potential items and tasks are as follows: i. Review the proposed development in the existing computer models and compare with master plans, master plan models, Impact Fee Facility Plans, design standards, and City Code. Agenda Page 53 of 72 ii. Identify compliance and conformity to facility plans and standards. Identify any potential City concerns. Identify constructability, functionality and maintenance concerns. iii. Identify solutions to any City issues or concerns if needed. iv. Coordination with City Staff and developers including: phone calls, web meetings, emails, in -person meetings, and presentations to City Staff and City Council. c. Prepare technical memorandums which describe the projects, methodologies, analysis, results, and recommendations. d. Maintain up-to-date existing models. Update the existing models as developments are completed, City projects are completed, or system changes are made. ESTIMATED FEE HAL proposes a total "not to exceed" engineering budget of $25,000 for the development review assistance as outlined in this task order. Assumptions upon which the above estimated fee is based are as follows: 1. The cost and schedule for specific reviews and assistance will be negotiated with the City Engineer on a project specific basis as the needs for engineering services related to each development review are identified. 2. In most cases, it is anticipated that a Professional I or Professional II will perform the bulk of review work for this project, with oversight by a Senior Professional I. Agenda Page 54 of 72 STANDARD FEE SCHEDULE September 2015 - August 2016 PERSONNEL CHARGES Client agrees to reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional $172.00/hr Managing Professional $147.50/hr Senior Professional II $136.90/hr Senior Professional I $128.30/hr Professional III $1 16.70/hr Professional II $105.10/hr Professional I $99.20/hr Professional Intern $89.60/hr Engineering Student Intern $46.50/hr Senior Designer $97.60/hr Senior Field Technician $97.60/hr Field Technician $77.80/hr CAD Operator $77.80/hr Secretary $58.90/hr Professional Land Surveyor $110.00/hr 1 Man GPS Surveying Services - Surveying Technician $97.60/hr 1 Man GPS Surveying Services - PLS $130.00/hr 2 Man GPS Surveying Services - PLS $145.00/hr Expert Legal Services $275.00/hr DIRECT CHARGES Client also agrees to reimburse HAL for all other costs directly related to the completion of the project. Direct charges shall include, but not be limited to, the following: Communication, Computer, Reproduction $6.00 per labor hour Out-of-town per diem allowance (lodging not included) $35.00 per day Vehicle $0.65 per mile Outside consulting and services Cost plus 10% Other direct expenses incurred during the project Cost plus 10% Trimble GPS Unit $130.00 per day Data Logger/Transducer $125.00 per week INTEREST CHARGE AFTER 30 DAYS FROM INVOICE DATE 1.5% per month Note: Annual adjustments to personnel and direct expense charges will occur in September of each year. Mileage rate changes are based on fuel prices. Agenda Page 55 of 72 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 25, 2°16 z Agenda Item #: 7-2 i Title: Approval of the Letter of Intent to Aqua -Aerobic Systems, Inc. for Sequencing Batch Reactor equipment at the new wastewater treatment plant N Fiscal Impact: none with this presentation Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Consultant: Bowen Collins & Associates, Inc. Background/Summary: The Preliminary Design of the new wastewater treatment plant is complete, and work has started on the Final Design of the plant. The City's engineering consultant, Bowen Collins & Associates (BCA) is working closely with individual equipment manufacturers to complete the detailed design of major components of the plant, and allow items with long lead times for delivery to be planned for. This Letter of Intent to Aqua -Aerobic Systems, Inc. will allow BCA to continue working with this supplier to develop the product specifications and final design of all equipment that Aqua -Aerobic is planned to provide at the new wastewater treatment plant. During the Preliminary Design phase of the project, multiple suppliers were studied and evaluated to select the equipment to be used with the Sequencing Batch Reactor (SBR) treatment process at the new plant. City Staff and BCA worked closely together during this evaluation, and conducted design workshops and site visits to several existing wastewater treatment plants. At the end of this process, Aqua -Aerobics was selected as the City's top choice for the SBR equipment based on ease of operation and maintenance, competitive equipment costs, long-term customer service capabilities, and a number of other technical factors evaluated. Upon receipt of this Letter of Intent, Aqua -Aerobics will continue to work with BCA on the design of all equipment and components that they will provide for the SBR treatment process. The project is on schedule to complete the Final Design late in calendar year 2016, begin construction of the new plant in early 2017, and commission the new plant for full operation in early to mid-2018. The project budget is continually being evaluated, with some level of cost increase being identified with the progression of final design and equipment specifications. BCA is working very closely with the City to identify and understand these risks for the project budget. The project 1 Agenda Page 56 of 72 team will work to keep these cost increases in check, and contained within the contingency amount included in the preliminary cost estimate. In summary, the Final Design of the new plant is moving forward with no major issues or concerns identified at this time. Options: The Council may approve, approve with conditions, deny, or postpone the item. Staff Recommendation: Staff recommends approval of the Letter of Intent to Aqua -Aerobic Systems, Inc. to allow the Final Design of the new plant to move forward as planned. Recommended Motion: "I move to approve the Letter of Intent to Aqua - Aerobics Systems, Inc. for Sequencing Batch Reactor equipment at the new wastewater treatment plant." Attachment: Letter of Intent to Aqua -Aerobics Systems, Inc. Agenda Page 57 of 72 City of Moab 217 East Center Street Moab, Utah 84532- 2534 Main Number (435} 259-5121 Fax Number (435) 2594135 January 25, 2016 Tatiana Mazzei Project Applications Engineer Aqua -Aerobic Systems, Inc. 6306 N. Alpine Road Loves Park, IL 61111-7655 Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd Subject: Notice of Intent — City of Moab Wastewater Treatment Plant Project Selection of Sequencing Batch Reactor System Supplier Dear Ms. Mazzei: The City of Moab hereby issues the following Notice of Intent to Aqua -Aerobic Systems, Inc. for supply of equipment, systems, components, programming, commissioning, etc. for a Sequencing Batch Reactor (SBR) system for its new wastewater treatment facility currently under design. Once the final design is completed and all related requirements are identified, then Aqua -Aerobic will issue a revised proposal for that effort which will contain detailed technical information, commercial conditions, and final pricing. This information will be provided to general contractors for use in preparing bids to construct the new treatment plant. The selected contractor will issue a purchase order to Aqua -Aerobic according to the scope and costs contained therein. The general contractor will coordinate all submittals, deliveries, installation, and commissioning directly with Aqua -Aerobic under the purchase order and proposal conditions. The contractor will incorporate all costs associated with this supply in its bid and include all related and required taxes, fees, markups, etc. Proposals from interested suppliers for the SBR system were requested and received on two separate occasions, the first on October 17, 2014 and the second on July 23, 2015. Six proposals were received with the initial solicitation, which was then narrowed to two suppliers for the second round. Aqua -Aerobic Systems, Inc. was selected from the two final proposals to provide the equipment and services based on its competitive pricing, conservative engineering approach, removable aerator design, and customer support and service capabilities. The budget figure provided by Aqua -Aerobic with the July 23, 2015 proposal is $648,500.00 which is within approximately 2% of the competitor's pricing. This amount will be adjusted as needed according to the final scope of supply, schedule, and other conditions that may change as the design work is completed. Equipment and services may be added, deleted, or revised as Agenda Page 58 of 72 Tatiana Mazzei, Aqua -Aerobic Systems, Inc. January 25, 2016 Page 2 of 2 a result, and the costs and other terms will be adjusted and reviewed for acceptability by the design engineer and City staff. Any cost changes will be subject to verification and negotiation at the time that they are proposed and must be approved by the City of Moab. The following estimated project schedule is provide for information relative to this Notice of Intent. Milestone Estimated Date Complete Detailed Design Permitting and Approvals Aug 2016 Start Construction October 2016 Plant Commissioning February 2018 This notice of intent indicates that the City of Moab, Utah and the wastewater equipment manufacturer Aqua -Aerobic Systems, Inc., Loves Park, Illinois plan to enter into a mutual agreement whereby the City will purchase certain items and services from the manufacturer related to construction of a new wastewater treatment facility. Purchase and installation of equipment, and provision of related services will take place via a general contractor to be selected in the future. This notice is not binding on either party and is only an indicator of this objective, to be accomplished when all necessary technical, cost and contractual requirements are determined. Any failure to meet these goals will not obligate either party to the other or result in claims, compensation, or contrary outcome. The City of Moab is excited to begin this phase of the project, and to work with Aqua -Aerobic Systems, Inc. on this important element of our new wastewater treatment plant. Please contact us with any questions or concerns regarding this notice or any related matter. Sincerely, David L. Sakrison Mayor City of Moab Cc: Moab City Council Rebecca Davidson, City Manager Phillip Bowman, P.E., City Engineer Jeff Beckman, P. E., Project Manager, Bowen Collins & Associates Agenda Page 59 of 72 Moab City Board Appointments Date of Appointment (Council Meeting) 1 /26/2015 Board Name Term Length Term Expiration Name Address Telephone # Notes Replaces Previous Board Member Mayor's Signature Planning Commission Five-year Term 12/31 /2020 Board Member Persona/ Info Laura Uhle 430 Nichols Lane Kelly Thornton "-turn to Moab City Recorder's Office Agenda Page 60 of 72 1 /22/2016 "-turn to Moab City Recorder's Office Agenda Page 61 of 72 1/22/2016 Mayor Dave Sakrison 217 East Center St Moab, UT 84532 December 31, 2015 Dear Mayor Sakrison, This letter is my request to renew my Commission on the Moab City Planning Commission which comes to an end today. While I have mixed feelings about some of the changes the City has recently adopted, I do believe i have knowledge, skills and experience that can continue to assist in the short term and long term planning and zoning and development of our wonderful town. I also believe strongly in civil service and this is one of the ways I can be of help on a grass roots level. 0 There are a couple of considerations I'd like to share with you and the planning department and the City Council and the City Manager. First, I'm travelling extensively for the first 3 months of this year so it might be prudent to wait until April 1st to reappoint me. I am available for the one meeting in January (14th) and one meeting in Feb (11th) but neither of the meetings in March. After that I am fully available (other than one meeting during the summer). In the past, this hasn't been a big problem but if you feel that another resident would be better suited for the job, I certainly understand. The second consideration is that i am concerned that we all need mandatory training on the basics of city and local government and how and why it is set up the way it is. Currently, while each group may be doing their perceived job, they are not utilizing each other the way they are meant to be by design. This results in a lack of getting anything completed and builds frustration within each designated group (commissions/councils/city depts.) and means they are unable to fulfill their areas of responsibility despite all efforts. Rather than focusing on specific issues in this type of training, it is meant to examine and show how and why each entity exists and its purpose in creating one functioning local governmental machine. We need this BADLY and without it, I expect the lack of action in key areas will result in the city developing around us without the management we have available to make it truly amazing. We're currently heading down the road of anytown America because growth is inevitable. Only if we are able to work collectively to manage it, will we be able to guide it towards the vision of future Moab that most of us share. Finally, regardless of any and all of this, at some point I will divert my fulltime energy to creating some type of affordable housing in town and when that happens, I will most likely need to resign due to conflict of interest. In the meantime this year, I am working on identifying any possible homes in the R2 zone that can/could accommodate a duplex to, again, start with providing affordable rentals on a small level. Anything helps0. i expect this all will take until my next commission expires if you will have me Agenda Page 62 of 72 back with all my issues — ha-ha! This Tinal consideration is merely so you know where my priorities lie in terms of what the City NEEDS to accomplish now. In closing, thank you for your consideration in this matter. Whatever you fee! works best for Moab is completely understandable to me. I hope you had a wonderful Christmas and wish you a very happy and productive New Year! Sincerely, Laura B Ufhle 430 Nichols Lane Moab, UT 84532 801-556-3089 laurauhle@aol.com Agenda Page 63 of 72 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 25/ 2016 Agenda Item #: 7-6 / Title: MRAC Cardio Fitness Equipment Rollover and Bids Fiscal Impact: $53,000 Staff Presenter(s): Terry Lewis, MRAC Director Department: Recreation/MRAC Applicant: If Applicable Background/Summary: The TechnoGym cardio fitness equipment at the Moab Recreation and Aquatic Center is five years old and has been out of warranty for a year. While the selectorized and free -weight equipment and stationary bikes are in good condition and should last another estimated 3-5 years, the cardio equipment is failing and needs to be replaced to keep the fitness center up to operational standards. The City issued an RFP for this cardio equipment and received four bids, all of which came in under the budgeted amount. The equipment proposed in three of those bids was inconsistent with that specified in the RFP and does not suit the MRAC's needs. The remaining bidder, TechnoGym USA, is the distributor who sold and installed the original equipment. The TechnoGym bid met all specifications of the RFP. The amount of the TG bid to replace all existing cardio equipment with up-to-date versions of that same equipment, as well as buying back and removing the existing equipment, is $52,892.82. J Options: Approve or deny. Staff Recommendation: Approve acceptance of TechnoGym USA's bid. The funds budgeted for this purchase are offset by financing revenue; the City will obtain a loan to finance the purchase. Recommended Motion: I move to approve (insert agenda item). Attachment(s): Fitness Equipment Comparison Agenda Page 64 of 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MRAC FITNESS EQUIPMENT BID JAN 8TH, 2016 Name Amount � �I1,559 51 q21. r llecOL Sporis Ar-i ftire.tX Na:6u.* �Pr1r►nn Al vin LISA -ih. lnitllo teDs Oomp mq FIT tbq►sl-ix Pro Max ivna SS 1413 _Qs' Present at Bid Opening: N C`. lnctN.i-et m . Lr v sac Pkig&tt i guts mega. 4/4 C a) co /2016 Page 65 of 72 City of Moab Recorder's Office MRAC FITNESS EQUIPMENT BID EQUIPMENT COMPARISON TechnoGym USA — Quote after Buyback/Tradein: $52,822.92 Pros: • Proposal is for exact equipment specified on RFP • Trade-in/Buyback offer provided for existing equipment and removal of old equipment • 4-year warranty, parts and labor, extended factory warranties • Heavy-duty commercial grade equipment • Highest quality, most sophisticated and aesthetically -pleasing equipment available on market, heavy-duty commercial grade suitable for MRAC use • MRAC staff and patrons already familiar with equipment, its operation, maintenance & lifespan • Cutting -edge software platform ensures keeping pace with global technological advancements for a longer period • Software platform allows users to personalize workouts, use apps, link to personal fitness devices, 18-language capability, virtual workouts • Software platform allows facility management to load facility data, customize, review usage, advertise facility offerings • Footprint consistent with available space • Low power usage, some equipment self -driven • Guarantee of reasonable turnaround time of repairs, authorized tech has been familiar with MRAC since installation of current equipment Cons: • Highest bid FitLogistix — Quote after Buyback/Tradein: Approx. $46,000.00 Pros: • High trade-in/buyback for existing equipment and removal of old equipment • 4-year parts & labor warranty on Matrix equipment • Matrix equipment is heavy-duty commercial grade • Software platform allows users to personalize workouts, use apps, link to personal fitness devices, 12-language capability, virtual workouts • Software platform allows facility management to load facility data, customize, review usage, advertise facility offerings • Low power usage, some equipment self -driven Cons: • Quote includes equipment other than Matrix not consistent with RFP; includes light -duty commercial equipment not suitable for typical MRAC usage • Warranty of light -duty equipment inadequate (3 years parts, 1 labor) Agenda Page 66 of 72 " MRAC staff and patrons unfamiliar with equipment operation, maintenance & lifespan would require much more orientation " Equipment not attractive, footprint larger than current equipment, mix of equipment brands would not be aesthetically appealing " Some platform features unavailable without additional annual upgrade charges " Matrix selectorized equipment currently installed at MRAC has some ergonomic shortcomings no guarantee same issues won't exist with cardio Pro Maxima Errors in Bid Actual Quote Amount $37,000.00 No Buyback/Tradein Pros: " Low bid " Many pieces self -powered, low carbon footprint " 4/4 warranty " 24-48-hour repair turnaround time Cons: " Light -duty commercial equipment designed for hotel and hospital gyms not suitable for MRAC usage. Construction and software platform NOT comparable - features available in TG and Matrix not available with this equipment " Bid missing equipment, duplicating equipment, some pieces not available " MRAC staff and patrons unfamiliar with product SportsArt Quote after Buyback/Tradein: $47,000.00 Pros: " 4/4 warranty " Affordable freight/installation Cons: " Light -duty commercial equipment designed for hotel and hospital gyms not suitable for MRAC usage. Construction and software platform NOT comparable - features available in TG and Matrix not available with this equipment " MRAC staff and patrons unfamiliar with product Agenda Page 67 of 72 INTEROFFICE MEMORANDUM Date: January 22, 2016 To: Rebecca Davidson — City Manager From: Jeff Foster, Public Works Director Subject: North Area Water and Sewer Project — Silver Spur Construction Settlement Over the last several months, there has been discussion and negotiation between the City of Moab and Silver Spur Construction concerning the North Area Water & Sewer Project. Due to these negotiations and the length of time it has taken to get to this point, it is my opinion that it is in the best interest of the City to pay the negotiated amount of $14, 000.00 to Silver Spur Construction in order to finalize and close this project. Any alternate solution would more than likely increase the settlement cost of the project further and would not benefit the City or Silver Spur Construction. Agenda Page 68 of 72 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement') is made and entered into as of the day of January, 2016, by and between Silver Spur Construction, LLC, a Utah limited liability company ("Silver Spur"), on the one hand, and Moab City, a Utah municipality ("Moab"). Silver Spur and Moab are sometimes collectively referred to herein as the "Parties" or, individually, as "Party." RECITALS: A. On January 28, 2014, Silver Spur and Moab entered into a Contract in which Moab agreed to perform certain construction work on the Lions Park Trail Utility Improvements and Moab agreed to pay Silver Spur according to the terms of the Contract (the "Project'). B. Silver Spur maintains it has not been paid in full on the Project and Moab alleges certain offsets against sums claimed by Silver Spur. C. Except as otherwise provided in this Agreement, the Parties have agreed to settle all issues and disputes between them relating to the Project. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Settlement Payment. Upon the execution of this Agreement by the Parties, and by no later than January 28, 2016, Moab shall pay to Silver Spur the sum of Fourteen Thousand Dollars ($14,000.00) ("Settlement Payment") by check payable to "Osborne & Barnhill and Silver Spur Construction". 2. Mutual Release. In consideration of the acts and transactions set forth herein, Silver Spur and its representatives, assigns, heirs, and agents fully and forever release and discharge Moab and its respective representatives, officials, affiliates, heirs, trustees, assigns, partners, employees, insurers, and agents from any and all claims, demands, debts, obligations, liabilities, costs, expenses, rights of action, causes of action, or judgments of any kind or character Agenda Page 69 of 72 whatsoever, at law or in equity, whether known or unknown, suspected or unsuspected, arising out of any action, inaction, event, transaction, or matter relating, in any way, to the Project. In consideration of the acts and transactions set forth herein, Moab and its respective representatives, officials, affiliates, heirs, trustees, assigns, partners, employees, insurers, and agents fully and forever release and discharge Silver Spur and its representatives, assigns, heirs, and agents from any and all claims, demands, debts, obligations, liabilities, costs, expenses, rights of action, causes of action, or judgments of any kind or character whatsoever, at law or in equity, whether known or unknown, suspected or unsuspected, arising out of any action, inaction, event, transaction, or matter relating, in any way, to the Project. The claims released above are referred to herein as the "Released Claims." a. Nothing in this Agreement shall be deemed to release or discharge any claims that Moab may have arising from the balance of any warranty obligations undertaken by Silver Spur under the contract between it and Moab with respect to the Project, and an components thereof, if any. 3. Compromise of Disputed Claims. It is understood and agreed by the Parties that the execution of this Agreement is a compromise of disputed claims and that neither the execution of this Agreement nor any action taken pursuant to the Agreement or the settlement of the claims set forth herein shall constitute, be deemed to be, or be used as, an admission of liability on the part of any of the Parties. 4. Discovery of Facts. The Parties acknowledge that they may hereafter discover facts different from or in addition to those that they now know or believe to be true with respect to the Released Claims. The Parties agree that this Agreement shall be and remain effective in all respects notwithstanding the discovery of such different or additional facts. 5. Reliance on Representations. The Parties acknowledge that, except as expressly stated in this Agreement, no Party (or any of their agents, employees, attorneys, or representatives) has made any statement or representation to any other Party regarding any fact relied on by any other Party in entering into this Agreement. Each Party specifically acknowledges that they have Agenda Page;0 of 72 not relied on any statement, representation, or promise of any other Party, or of any of their agents, employees, attorneys, or representatives, in executing this Agreement, except as expressly set forth herein. In addition, each Party acknowledges that they are under no duress or undue influence and that each executes this Agreement as an act of their own voluntary will. 6. Sufficient Investigation. Each Party acknowledges that they and their attorneys have made such investigation of facts pertaining to this Agreement, and all of the matters pertaining thereto, as deemed necessary. 7. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the Parties and their heirs, personal representatives, successors, and assigns. By executing this Agreement, however, the Parties do not intend to bestow any benefit on any non-party to this Agreement. 8. Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to the laws governing conflicts of law. The exclusive forum and venue for resolution of disputes under or relating to this Agreement shall be in the courts of Grand County, Utah. 9. Authority to Execute Agreement. Each individual executing this Agreement hereby represents and warrants to each person so signing (and to each other entity for which another person may be signing) that he or she has been duly authorized to execute and deliver this Agreement in the capacity of the person or entity set forth for which he or she signs. 10. No Construction Against Any Party. Each Party has cooperated in the drafting and in the preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any Party. 11. Attorneys' Fees. If any Party shall seek to enforce or protect any rights under this Agreement or under any document or instrument executed and delivered in connection herewith in any action, suit, arbitration case, or other proceeding, including all bankruptcy cases and proceedings, the prevailing party shall be entitled to receive from the other party payment of its costs and expenses, including reasonable attorneys' fees incurred (whether such costs or fees are Agenda Pagel of 72 incurred before or after the commencement of the proceeding}, including any and all appeals or petitions therefrom. 12. Counterpart Signatures. This Agreement may be executed in any number of counterparts, whether by facsimile or otherwise, and each of which when so executed and delivered shall be deemed an original, and all such counterparts together shall constitute one and the same instrument. 13. Warranty of Payment; Indemnity. Silver Spur warrants and represents to Moab that it has paid in full all materialmen, laborers, subcontractors, or other persons providing materials, labor, or construction services in connection with the Project. Silver Spur shall indemnify and hold Moab harmless with respect to any claims or demands by materialmen, laborers, subcontractors or other persons claiming a right to payment in connection with the Proj ect. 14. Entire Agreement. This Agreement sets forth the entire understanding of the Parties as to the matters set forth herein and cannot be altered or otherwise amended except pursuant to an instrument in writing signed by each of the Parties hereto. SILVER S,' 1R C iN:TRUCN, LLC By: Shane Hayward, Pr dent and Member MOAB CITY, a Utah Municipality David Sakrison, Mayor Attest: Rachel Stenta, City Recorder Date Agenda Page 72 of 72