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PKT-CC-2010-02-23
CITY OF MOAI3 FGBRUARY 23, 2010 WATER SYSTEM MODELING PRESENTATION 5:30 PM PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMI3PRS (217 EAST CENTER STREET) 02/19/2010 Page 1 of 146 Moab City Recorder's Office 02/19/2010 Page 2 of 146 Moab City Recorder's Office Moab City Council Master Meeting Calendar* February 2010 February 2010 S M T W T F S March 2010 S M T W T F S 14 21 28 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 4 5 6 11 12 13 18 19 20 25 26 27 co a M c 4 n a 1 0 N a 1 r N N LLc2 m 2 m m LLc2 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 31 Feb 1 2 3 4 5 6 6:00pm 7:00pm GC4B 3:00pm 4:00pm GC Couna 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7:00pm 9:00pm CVTC 8:30am 3:00pm 3:30pm 7:00pm 3:00pm MC Visiont 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSS4 9:00am 12:00pm MC Visioni 7 8 9 10 11 12 13 12:30pm 2:00pm GCCDA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 11111.11:00pm Moab CC , 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 14 15 16 17 18 19 20 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm GCLB 7:00pm GCSE/BE 6:30pm GCRSSD 21 22 23 24 25 26 27 12:00pm 12:30pm MTPSC �:OOpm Moab CC 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 28 Mar 1 2 3 4 5 6 Moab Oty Recorder's Office 1 2/19/2010 4:15 PM *Meeting end times are approximations only 02/19/2010 Page 3 of 146 Moab City Recorder's Office 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Moab City Recorder's Office 02/19/2010 Page 4 of 146 Moab City Recorder's Office Moab City Council Master Meeting Calendar* March 2010 SMT March 2010 W T F Apr" 2°'° S SMTW T F S 14 21 28 1 2 3 4 5 7 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 6 13 4 5 6 20 11 12 13 27 18 19 20 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 O `m 2 ro N o N LL M m 2 0 N `m N N '0 M W N (0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 28 Mar 1 2 3 4 5 6 6: 00pm 7: 00pm GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7: 00pm 9:00pm CVTC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 7 8 9 10 11 12 13 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 11111.11:00pm Moab CC , 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD 6:30pm 7:00pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 8:00pm TSSSFD 14 15 16 17 18 19 20 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 21 22 23 24 25 26 27 12:00pm 12:30pm Mi 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC 28 29 30 31 Apr 2 3 Moab Oty Recorder's Office 2 2/19/2010 4:15 PM *Meeting end times are approximations only 02/19/2010 Page 5 of 146 Moab City Recorder's Office 2010 Master Meeting Calendar Entities (red indicates meetings confirmed) Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 3rd Wednesday GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 4th Tuesday CJC Grand County Children's Justice Center Fire Station MVFPDC Moab Valley Fire Protection District Commission Moab Fire Department 2nd Tuesday Updated on: 1/20/2010 R:\Agendas\Calendar\2010 calendar entities.xlsx Moab City Recorder's Office 02/19/2010 Page 6 of 146 Moab City Recorder's Office City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, February 23, 2010 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 5:30 p.m. WATER MODELING SYSTEM PRESENTATION 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATION 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for February 2010 for Helen M. Knight Intermediate School SECTION 5: PUBLIC HEARING (Approximately 7:30 PM) 5-1 Public Input on Proposed Resolution #05-2010 — A Resolution Amending the Fiscal Year 2009-2010 Budget SECTION 6: CONSENT AGENDA 6-1 Approval of a Moved -on Structure for Temporary Seasonal Sales by a Permanent Business for Lost River Located at 90 North Main Street to Conduct Seasonal Sales at 90 North Main Street from March 15 to October 15, 2010 6-2 Approval of a Moved -on Structure for Temporary Seasonal Sales by a Permanent Business for City Market to Conduct Seasonal Sales at 425 South Main Street from March 5 to June 25, 2010 02/19/2010 Page 7 of 146 Moab City Recorder's Office 6-3 Approval of a Peddler License for Chad Niehaus and Colin Topper, d.b.a. Moab Pedicab Company to Conduct a Pedicab Service 6-4 Approval of a Special Event Business License for Tap Enterprises Inc., to Conduct a Tool Sale Located at 711 South Main Street on March 14 and 15, 2010 6-5 Approval of a Special Business Event License for Mark Griffin and Beth Logan to Conduct the Skinny Tire Festival Road Cycling Event Located at 1551 North Highway 191 from March 12 to 16, 2010 6-6 Award and Approval of the Photographic Concessionaire Contract 6-7 Award and Approval of the Ballpark Concessionaire Contract SECTION 7: NEW BUSINESS 7-1 Approval of a Proposed Conditional Use Permit for Ben Byrd for Thirty-one Twin Homes in the Preserve Subdivision 7-2 Approval of Proposed Ordinance #2010-01— An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in All Zones 7-3 Approval of Proposed Ordinance #2010-02 — An Ordinance Amending Title 10. Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and More Specifically, Chapter 10.04.230, Unlawful Parking -Vehicles Left Standing for More than Forty-eight Hours and Overnight Camping in Vehicles 7-4 Approval of Proposed Resolution #06-2010 — A Resolution Declaring Default with Respect to the Haciendas Subdivision 7-5 Approval of Proposed Resolution #07-2010 — A Resolution Declaring Default with Respect to the Portal Park Subdivision Planned Unit Development 7-6 Approval of Change Order #2 to the Grand County Recreation and Aquatic Center Contract with Hogan & Associates Construction, Incorporated 7-7 Approval of a Purchasing Exception and a Purchasing Agreement with Fast Corporation for the Material Purchase of a Fiberglass Water Slide in the Amount of $32,098.40 7-8 Approval of an Appointment to the Moab City Council to Fill a Mid-term Vacancy 7-9 Approval of Proposed Resolution #05-2010 — A Resolution Amending the Fiscal Year 2009-2010 Budget 7-10 Approval of Proposed Resolution #08-2010 — A Resolution of the Governing Body of the City of Moab, Utah, Authorizing the Execution and Delivery of a Lease -Purchase Agreement and Related Documents SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION 02/19/2010 Page 8 of 146 Moab City Recorder's Office SECTION 11: MAYOR AND COUNCIL REPORTS 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 at: www.moabcity.org 02/19/2010 Page 9 of 146 Moab City Recorder's Office CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #05-2010 — A RESOLUTION AMENDING THE FISCAL YEAR 2009/2010 The City of Moab will hold a Public Hearing on Tuesday, February 23, 2010 at approximately 7:30 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #05- 2010 — A Resolution Amending the Fiscal Year 2009/2010 Budget. 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. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, February 11 and 18, 2010. R:\Notices\BUDGET FY 2009-2010opening.doc 02/19/2010 Page 10 of 146 Moab City Recorder's Office RESOLUTION # 05-2010 A RESOLUTION AMENDING THE FISCAL YEAR 2009/2010 BUDGET WHEREAS, the City of Moab has proposed to amend the 2009/2010 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2009/2010 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2009/2010 Budget Amended Amended Revenue Expenditures 1. General Fund $ 6,675,604 $ 6,675,604 2. Recreation Fund $ 400,942 $ 400,942 3. Capital Projects Fund $10,306,370 $ 10,306,370 4. Storm Water Utility Fund $ 320,000 $ 320,000 2009/2010 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $300,961 $300,961 EXPENSES Treasurer — Bank Handling Charges 10-420-36 $3, 900 Police — Machinery & Equipment 10-421-77 ($36, 417) Building Inspection — Prof & Tech 10-424-31 $10, 000 Highways — Machinery & Equipment 10-440-74 ($104, 098) Sanitation — Prof & Tech 10-442-31 $5, 000 Film Commission — Machinery & Equip 10-428-74 ($6,180) Debt Service — Cap. Lease Principal 10-471-11 $404, 621 Debt Service — Cap. Lease Interest 10-471-12 $24,135 REVENUES Proceeds from Long Term Debt 10-36-160 $295,961 Garbage Billing/Collection 10-34-200 $5, 000 RECREATION FUND $24,110 $24,110 EXPENSES Youth Baseball/Softball 23-671-74 $1, 610 MARC — Salaries & Wages 23-800-10 $8, 500 MARC— Special Events 23-800-77 $11,500 MARC —Special Projects 23-800-78 $2, 500 1 Resolution #05-2010 Page 1 of 2 02/19/2010 Page 11 of 146 Moab City Recorder's Office REVENUES Youth Baseball/Softball 23-34-566 $1,610 MARC— Grants and Donations 23-66-210 $1,300 MARC — Special Event Fees 23-66-372 $18, 700 Recreation Beg. Fund Balance 23-39-535 $2,500 CAPITAL PROJECTS FUND $325,000 $325,000 EXPENSES Streets/Spec. Projects Concrete 41-440-72 $210, 000 Aquatic Center Project 41-470-70 $115, 000 REVENUES Contribution from Rec. Dist. 41-36-236 $115, 000 Beginning Fund Balance 41-39-561 $210, 000 STORM WATER UTILITY FUND $190,000 $190,000 EXPENSES Special Projects 53-400-75 $190,000 REVENUES W/S Beg. Fund Balance 53-39-535 $190,000 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24t day of February, A.D., 2009. David L. Sakrison Mayor ATTEST: Rachel Ellison City of Moab Resolution #05-2010 Page 2 of 2 02/19/2010 Page 12 of 146 Moab City Recorder's Office Mid -Year Budget Adjustments Summary of Recommended Changes 2009-10 Fiscal Year Bud et Line Fund Line Item Item # Amount Reason General Fund Revenues Refuse Collection Charges 1034430 $ 5,000 Year-to-date revenues and expenditures indicate that revenues and expenditures will be slightly higher than expected. Off sets corresponding expenditure. Proceeds from Long Term Debt 1036160 $ 295,961 We refinanced many of our equipment leases. This amount pays off the old leases and brings in funds for the new leases. Refinancing saved about $40,000. TOTAL $ 300,961 Expenditures Treasurer Bank Handling Charges 1042036 $ 3,900 Bank handling charges have increased tremendously. The entirety of the increase cannot be accomodated within the current departmental budget. Off -set by savings on leases. Police Machinery and Equipment 1042174 $ (36,417) All equipment lease payments now need to be paid from one account. A portion of the amount budgeted for lease payments should be transferred to the new line items. Building Inspection Professional and Technical Services 1042431 $ 10,000 Grand County increased the budget for the Building Inspection Department, for which the City pays one-half of the cost. Off -set by savings on leases. Highways Machinery and Equipment 1044074 $ (104,098) All equipment lease payments now need to be paid from one account. A portion of the amount budgeted for lease payments should be transferred to the new line items. Sanitation Professional and Technical Services 1044231 $ 5,000 Year-to-date revenues and expenditures indicate that revenues and expenditures will be slightly higher than expected. Off -set by corresponding revenue. Film Commission Machinery and Equipment 1042874 $ (6,180) All equipment lease payments now need to be paid from one account. A portion of the amount budgeted for lease payments should be transferred to the new line items. Capital Lease Principal 1047111 $ 404,621 All equipment lease payments now need to be paid from one account. A portion of the amount budgeted for lease payments should be transferred to the new line item. This is the new line item for payment of principal. Capital Lease Interest 1047112 $ 24,135 All equipment lease payments now need to be paid from one account. A portion of the amount budgeted for lease payments should be transferred to the new line item. This is the new line item for payment of interest. TOTAL $ 300,961 5-1 02/19/2010 Page 13 of 146 Moab City Recorder's Office Mid -Year Budget Adjustments Summary of Recommended Changes 2009-10 Fiscal Year Bud et Fund Line Item Line Item # Amount Reason Recreation Revenues Recreation Beginning Fund Balance 2339535 $ 2,500 Funds from the MARC improvement fund to pay for changes to the small "stage" room (partition) Youth Baseball/Softball 2365174 $ 1,610 Increase anticipated in program revenue MARC Special Events 2380077 $ 18,700 Special event revenue from Confluence Literary Festival and Western Stars Grants and Donations 2366210 $ 1,300 Greater than anticipated grant revenue TOTAL $ 24,110 Expenditures Recreation Youth Baseball/Softball 2365174 $ 1,610 Increase in anticipated program expenditures MARC Salaries and Wages 2380010 $ 8,500 Salary to cover time for Confluence Literary Festival coordinator -- off set by revenue MARC Special Events 2380077 $ 11,500 Costs associated with Literary Festival and Western Stars MARC Special Projects 2380078 $ 2,500 Use of Building Funds to partition the small "stage" room TOTAL $ 24,110 Capital Projects Revenues Contribution from Recreation District 4136236 $ 115,000 Additional Contribution from Recreation District for Diving Wells Capital Projects Beg. Fund Balance 4139561 $ 210,000 Use of Fund Balance for Immediate Road Maintenance Needs TOTAL $ 325,000 Expenditures Hwys/ Pub. Imp. Streets/Special Projects/Concrete 4144072 $ 210,000 Additional Funds for Immediate Road Maintenance Needs Swimming Pool Aquatic Center Project 4147070 $ 115,000 Additional Contribution from Recreation District for Diving Wells TOTAL $ 325,000 Storm Water Utility Revenues Transfer from Fund Balance tbd $ 190,000 Use of Fund Balance for Hospital Project TOTAL $ 190,000 Expenditures Special Projects 5340075 $ 190,000 Additional Funds needed for Hospital Project Storm Drainage TOTAL $ 190,000 5-1 02/19/2010 Page 14 of 146 Moab City Recorder's Office T.8teg j .-.- BUSINESS NAME:0BUSINESS PHONE: 5C7-.C)•Z22 OWNER'S NAME _e %e) IPtv00--6 i� OWNER'S PHONE: G,U0 --'' (.. J MAILING ? DURESS: & 1 .5 S U-tA 6/6 GX l q / PROPOSED I fSE OF STRUCTURE: TYPE OF ,STRUCTURE: leetgt l_L /v x Io c/vvopii-5 (v to ADDRESS .IF PROPOSED STRUCTURE'S LOCSTI'ON NAME OF PRDPERT'•; OWNER (PRINT!: f�nA AN Pe)PT Oeveti-_-takr_t_ I iTHE PROPEP''Y OWNER) AGREE TO ALL:1W THE MOVED -ON STRUCTLIF2 ON MY PROPERTY FO,i THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGN!! TUBE: LOCATION OF R3TROOM FACILITIES: SIGNATURE OF OWNER APPROVING US-= OF RESTROOM FACIUTIES: I COMPLIES WATH M01.'E610N STRUCTURE ORDINANCE: PE;: r NO I ZONE: C'j ^ Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: L3 YE-S NO BUILDING INSPECTOR'S SIGNATURE: i DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE TERM: FI{om . Required inspections Or. back, SIGNATURE OF CITY KECORDER To o r •;; .-. '�"_� • 7 MOVED -ON STRUCTURE FEE: 1 % STATE TAX' $ 7 5.00 .75 $7 5.75 PYMT REC O CITY OF MOAB FEB 18 2010 „a-15,-15 6- I- ��- 1 r i t ��I T ' Y O F M O A B B U S I N E S S L I C E N S E C O M P L I A N C E F O R 2 1 7 E C E N T E R S T R ' C E T M O A B , U T 8 4 5 3 2 P H O N E : ( 4 3 5 ) 2 5 9 - 5 1 2 1 F A X : ( 4 3 5 ) 2 5 9 - 4 1 3 5 a F O R Z O N I N G O F F I C E U S E O N L Y P A R K I N G : M O A B C I T Y C O D E : S I G N P E R M I T : M O V E D - O N N E C E S S A R Y : R E Q U I R E S P L A N N I N G C O M M I S S I O N A P P R O V A L R E V I E W E D S Y Z O N I N G A D M I N I S T R A T O R : 0 �� N A M E O F A P P L I C A N T : L o 5 T R ( a z i z . . _ I P t O f i v G P H O N E : ��( 3 S - a 5 J - 3 , 2 2 A P P L I C A N T ' S M A I U N G A D D R E S S : a t S I ��! ��C J ����) C ' 1 J C I T Y : S T A T E : Z I P : . . _ a + - N . - - 3 B U S I N E S S N A M E : B U S I N E S S L O C A T I O N : Z O N E : G O [ - 1 \ ( u , 1 2 W i 1 9 0 N o Q i n M o a k g { D E T A I L E D D E S C R I P T I O N O F B U S I N E S S A C T I V I T Y : P e t j ��Q 4 4 5 b S 6 1 A . C ) . m Q r k f , 1 1 - / / 1 f b O f U a I N 0 v s I e r u f ��v 7 i t ; 1 9 g , f t - r 0 2 / 1 9 / 2 0 1 0 P a g e 1 6 o f 1 4 6 M o a b C i t y R e c o r d e r ' s O f f i c e Web Images Videos Maps News Shopping Gmail more � moalmlave.e gmail.com I tw9y Profile IWeb History I My ,Account I Help I Sign out Gc) )gic. maps moab utah LL77 1;H—A k,a._fn: atkii of i p1.irr= or ;Mare'ct n Take our survey! Search Maps J Shoe search options Traffic More... Print Send Link Map Satellite Terrain fltyfrcwrarrs 8 `12;55 PM Tuiday %NW BUSINESS NAME: OWNER'S NAME MAILING ADDRESS: CITY liCTURE BUSINESS PHONE: OWNER'S PHONE: yo s si moo Mndo, � GA4,--der? (1.er771e. TYPE OF STRUCTURE: m.e o Q y�� %%1`S �(' (1079e/7-' ADDRESS OF PROPOSED STRUCTURE'S LOCATION /7/2_6 ,//j4 (41 PROPOSED USE OF STRUCTURE: z136-269-50 NAME OF PROPERTY OWNER (PRINT): Ci y a a r / a 1(THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: SIGNATUOF OWNER APPROVING USE OF RESTROOM FACILITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES Cl NO ZONE: Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES No BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SICNATuRE OF CRY RECORDER MOVED -ON STRUCTURE TERM: FROM %%%Am)j 5 To ,iz,//2.e ,o'1a/d Required inspections on back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $75.00 .75 $75.75 PYMT RECD CITY OF MOAB FEB 18 2010 AMT 75. ?S CNI 02/19/2010 Page 18 of 146 Moab City Recorder's Office CO "2 A 24 , Ier� 4, ad' J atot4 Pot, S+d dr (Q.1 errOi+Eih•r ItAssiMPc itte S A e�; � z w ���� 3ii4" " .` —srLurEi OP .04e Iws4.r +r �M >'� .14.' �i'y7• i`' s1 fun" 1I '�%� •f, •� , o 1 Peo . 40) x�IIDER'.VN1T • 'ALTERNATE.PYRUN •,/ POSITION --STANDARD 4.1 • SASE vf/swestM 1.1J4".S" • CORRECTOR . { 4ff�^-2) 3/1"A3" CARR. SOLT Moveable Greenhouse . s N CO 02/19/2010 Page 19 of 146 Moab City Recorder's Office Ch-rR n 1 / PorK/P3 LO 6-2 02/19/2010 Page 20 of 146 Moab City Recorder's Office DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB PEDDLER/SOLICITOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SURCHARGE: $80.00 TYPE OF BUSINESS .+ ❑ 'NO CHARGE IF CURRENT CITY OR COUNTY LICENSE IS ATTACHED TOTAL FEE: LICENSE BUSINESS NAME: 1 " 1 OM (?) p&p lc S c,O/YI Pq N y BUSINESS ADDRESS: I-1- I I TU5 H E jZ BUSINESS MAILING ADDRESS: 1--11-I S hl E I'Z E-MAIL ADDRESS: CITY: An0A3 BUSINESS PHONE: 2_6 "1 - I d V STATE: UT ZIP: '34632. BUSINESS OWNER'S NAME: CNnD Ntl,u AN GoLInI ToPeErL OWNERS ADDRESS: i I TIJS H E-jL OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNERS SOCIAL SECURITY NUMBER: PHONE: L135'2S61 -1088 CITY: P/104 STATE: V T ZIP: 8'4532_ I�DATE OF BIRTH TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION 110THER (SPECIFY): SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION: N NAME REGISTERED WITH THE STATE FOR TAX ID: M 3 p Li IC 4)3 6.0r17 PAIN y DaFl OF GiLeEN SOLVTIDNS,1-t-G Name of person(s) operating under this license: C I-1 H 9 N i EN a Us £ CoLmi — orre g_ Proposed geographic area where business is to be conducted: G 1 ry 0 r .110A S Proposed hours of operation: g — (Vl ION 160 7" Type of Business: P i",1D► cA g 612 VI G� Goods or services to be offered for sale: VED I to ►3 SE12U Ice TO L9tA LS ` V ► S I T025 HAVE YOU EVER BEEN CONVICTED OF ANYTHING OTHER THAN A TRAFFIC VIOLATION? Nr no O yes (if yes, please attach explanation) THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. I/VVE CH AV (AL-fN T:Jeic,2 PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. WVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. I/VVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. IA NE UNDERSTAND THAT UWE ARE SUBJECT TO A BACKGROUND CHECK PRIOR TO ISSUANCE OF THIS LICENSE. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Signature of Applicant State of Utah ) SS County of Grand 1 c k Date day of L. , �Vttr 260 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! 02/19/2010 Page 21 of 146 Moab City Recorder's Office 6-3 7 -iF Cinr OF MOAB MOAB BUSINESS LICENSE COMPLIANCE FOR 217 E CENTER S BEET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: NIA MOAB CITY CODE: Nit: SIGN PERMIT: No f'ERMA44EaT PWSI MESS LOCATI011/4 MOVED -ON NECESSARY: ❑YES 71 NO RFnLuaE;; PLANNING 4 O.": M:SSiON APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: A. 1 1 ' 10 1 NAME OF APPLICANT: C�WA-D N IEI-(Ps CoL-i 4 ZUt9O02 i s APPUCANT'S MAIUNG ADDRESS: 44 I U S I¢ (72_ i PHONE: Z5°I -1178' CITY: MO/Jet$ STATE: UT ZIP: �'jK S 3 2-- BUSINESS NAME: YVVOIAA Q "D (CJkl3 L 9 of ('A Ai y BUSINESS LOCATION: C Lee" 501,1(.i1-0g.— ZONE: 02? - STORPif* DF 1215)ICAPA IN 6113012066 UN17- DETAILED DESCRIPTION OF BUSINESS ACTIVITY: IZ19OLS , -T11E r2-1.Pc=II- M 013 N =U 1 CA 3 Gotvl UE A S e5 Pei) n1 vt De — WLow,- AO-v/0,0 'TY/AN(aCAr`S Ann? 02/19/2010 Page 22 of 146 Moab City Recorder's Office Sommar Johnson From: Dale Stapley [dstapley@ utah.gov] Sent: Tuesday, February 16, 2010 12:27 PM To: celiaalario@gmail.com; sommar@moabcity.org Cc: Kevin Kitchen; Mike Randall; Patrick McGann; Rhett ArneII; Steve Ogden Subject: LOW JUNK Moab Pedi-Cabs We have reviewed your request to operate a Human powered cab service in the Moab area. Utah Code Section 41-6A-1101 and it's subsections define how human powered vehicles are to be operated. Compliance with this section of the Utah Code is all that UDOT will require. No permitting is required. Moab City may have local ordinances that will need to be complied with in addition to the State Code. Please check with Moab City. 1 6-3 02/19/2010 Page 23 of 146 Moab City Recorder's Office 01-25-10; 03:50PM; DATE PAID: AMOUNT PAID: RECEIPT NO.: a/erf o Fb.0o /71/s CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT MO): OR CURRENT CITY OR COUNTY LCENSE (ATTACH COPY) TOTAL FEES: LICENSE #i: ZONE: S a cy NAME OF EVENT: 7ol t_ft DESCRIPTION OF EVENT: .Ln4-1p¢i^ 4-411 / -.P q p,,a91 (ripratablA i 5c LOCATION OF EVENT: Nr)49 V9,161 Z1‘j0 - I) I �l irINPILN) S��ee�- , Monb, u-r PREMISES TO BE USED: 1\10917 41AV, � 37 _ NIT9rfb Rpipr•r•-) TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: (+ 1-10^ it )54-i-, .0)0 , ILv.r, - iprn el%)y ANTICIPATED # OF EVENT PARTICIPANTS: � l,:j, r) NUMBER OF VENDORS PARTICIPATING: i TYPES OF VENDORS PARTICIPATING IN EVENT: PA::) -ti]4-erpt 4 e. s -IA L, EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): iN 0 Picki-, 1'S,5', pn) EVENT SPONSOR'S NAME: Al) �]ri`r-xe , i_l j� l `L0114,f 1 PHONE: -L%Qa _74-i SPONSOR'S ADDRESS: , 3,43 IJ f`�q� rJ -�7� ei,� II CRY:- -p r,or) j " STATE: KI ZIP: (pg045 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRT TYPE OF ORGANIZATION: PROPRI CORPORATION OOTHER(SPECIFY): EVENT SPONSOR'S SALES TAX ID # NAME REGISTERED WITH THE STATE FOR TAX ID: • THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPI - THE ISSUANCE OFFA LICENSE W ILL BE DELAYED. INVE ■ F}Q Cf '. .1 C- HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MO I LEASE RINTNAME S} 5 1r BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY INFORMATION CONTAINED HEREIN IS TRUE. IAVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTION AND APPLICANT (SPONSOR). I/VVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah Signature oT Sponsor ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTAR 'UBLIC Date day of4j> SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! 6-4 02/19/2010 Page 24 of 146 Moab City Recorder's Office 01-25-10 03-i 50PM; r4352594135 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). A TACH DDITIONAL INFORMATION INDICATED BELOW: 7ert�►,rz3rr�vrr� - Mote �. �4 bg►.] �A 5ig - LICENSE APPROVALS CITY STAFF ❑ APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 6-4 02/19/2010 Page 25 of 146 Moab City Recorder's Office 01-25-10:03:50PM; :.4352594135 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: V 4C51-1 C� MOAB CITY CODE: �Y SIGN PERMIT: gC Q0I 25) MOVED -ON NECESSARY: ❑ YES REQUIRES PLANNING COMMISSION APPROVAL in YES REVIEWED BY ZONING ADMINISTRATOR: DATE: Oa 10110 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: 31-A A.1`t� ,J I Pip J�7S'r' � ►5e� ��C. PHONE: 1�oa- isr• ,Yk01 STATE: 1V ZIP. 12Zt-:J CITY: "•--reppgr.,1;-• --T BUSINESS NAME: r4,,4_K- i nt 5 _rt. 1.... ` f BUSINESS LOCATION: MGPIb V pAel Ik10, 1 ) 1 6�� \V� LL1 "S� M-0191, )iT �f ZONE: CA- I TN\ a 4-0o1 A DETAILED DESCRIPTION OF BUSINESS ACTIVITY: Qbr n,eS c�,�tse. 6R e ge,JerPt (..71.bny lryiar'+r1t 1 ��1-Isfh el.,O f JJ I I 06/ 02/19/2010 Page 26 of 146 Moab City Recorder's Office ANV. 111 BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UTAH THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO LICENSE NO. 1598 Not Transferable LICENSE TYPE: TRANSIENT FROM: APRIL 23, 2009 EXPIRES: APRIL 22, 2010 TAP ENTERPRISES ADDRESS: MOAB AREA In conformity with the ordinances of the City of Moab, Utah, to conduct a TOOL & GENERAL MERCHANDISE SALE business located within the City of Moab, Grand County, State of Utah commencing on the 23RD day of APRIL 2009 and ending on the 22ND day of APRIL 2010 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $ 80.00 dollars. 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 6-4 02/19/2010 Page 27 of 146 Moab City Recorder's Office DATE PAID: AMOUNT PAID: RECEIPT NO.: 6p .00 -Roo CITY OF MOAB SPECIAL BUSINESS EVENT UCENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435 169-5121 / FAX (435) 2594135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: $80.00 (39 0 00 ZONE: ie C NAME OF EVENT: / / A' DESCRIPTION OF EVENT: � jQ�} CCU CAL./ pi 6-- 6'J ��/ `l T LOCATION OF EVENT: j4 g-e-/4/ i Jq /r /:1I A 71402gie -7 /974 /3e Al�Ay hvAi — B/aiei v4773-IPOPigle7 PREMISES TO BE USED: TEMPORARY STRUCTURES TO BE USED (IF ANY): /� r , / j� l` DATE(S) AND TIME(S) OF EVENT; %jljgi�cl z /� � `-� / � G�/ / 0 j � ANTICIPATED # OF EVENT PARTICIPANTS: tJ `� . //�� NUMBER OF VENDORS PARTICIPATING: A.�U/wg" TYPES OF VENDORS PARTICIPATING IN EVENT: S']�06.0 C/AJ-I J NU ,s-AC EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.). /e.i4 cS%rl/SI7? ),-) I e5F3S EVENT SPONSOR'S NAME: re-s7 / 17 4C_ rnZ 3eT,/ c-060)`‘ PHONE: 2-&' p ? SPONSOR'S ADDRESS: /5?) eti" 93� VI i Y: (/ -� STATE: e'er ZIP: r SPONSOR'S DRIVER LICENSE NUMBER & STATE SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATIOtPROPRIETORSHIP O PARTNERSHIP O CORPORATION OOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID NAME REGISTERED WITH THE STATF FOR TAX ID: DATE OF BIRTH: 5r--1 Anti li' 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 ('IT`.' WITHOL,•T FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE / nAg4 LEAS p INi N/ W3 ��HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY AME S BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE M;..::'.Es CODL, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND T".IS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT NSOR). I/WE AGREE TO FILE THE PPER REPORTS WITH THE STATE OF UTAH. State of Utah Igoe ure o pcnsor SS f—/6 Dete County of Grand ) SUBCRIBED AND SWORN to before me this\CO\s--- day of ,7-41 tO, SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! 6-5 02/19/2010 Page 28 of 146 Moab City Recorder's C SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: ,5"- N y r A:671 t11 M - - DATE(S) OF EVENT: Pi/14 i a 4 f 2" o BUSINE- NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE S‘. •J SSN AND/OR SALES TAX ID OR TAX EXEMPT NO. s liPtlqy Dif►lly Al gOl#S (DisPz/vv4p 1 c. PO/na,LwW-/ . tlJS 6''18ire-5 02/19/2010 Page 29 of 146 I Moab City Recorder's Orrice airy OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259.5121 FAx: (435) 259-4135 �r - FOR ZONING OFFICE USE ONLY PARKING: PSI 911 (\� MOAB CITY CODE: O I4— SIGN PERMIT: �rJ� MOVED -ON NECESSARY: PI 10 NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES *() REVIEWED BY ZONING ADMINISTRATOR: DATE: I°I ' O I NAME OF APPLICANT: k APPLICANT'S MAILING ADDRESS: i m1,9 !'ter✓ 67e rrt / tl 3� Z n� PHONE: z6D &O u ta4' Rey / v / CITY: V�(/ J9,1g STATE: fru/ ZIP: 0 SJ BUSINESS NAME: srm u y -r�Re- ���/ �lf Z vv' t ,Q �,[] /� BUSINESS LOCATION: ty 9317 J A t/l'`ii7 `� ` I — evef " i AT / ' P' " '� /N " ZONE:/ I F DETAILED DESCRIPTION OF BUSINESS ACTIVITY: /CW) C7c I-1/" 6- " e � v r mis mo- etin40.s CalIvC.:5f, Suieviidle,s* P Ct.�Wre T MPi9 a viol tOnSP17� - Ditge cANC&Ie- gt9SEr/S►2c.1- egg-O /49ml 6-5 02/19/2010 Page 30 of 146 Moab City Recorder's ( City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Keith H. Brewer Gregg W. Stucki Rob Sweeten To: Moab City Council From: John Geiger Date: 2/19/10 Re: Recommendations for Ballpark Concessions and Photography Contracts I recommend the Center St Ballpark Concessions contract be awarded to Granny's Snack Shack, Sharee Carlson. I recommend that the Moab City Recreation Photography contract be awarded to Perpetual Im- ages, Frank Mendonca. John Geiger Recreation Coordinator 02/19/2010 Page 31 of 146 Moab City Recorder's Office CITY OF MOAB REQUEST FOR PROPOSALS Photographic Concessionaire The City of Moab is now accepting sealed proposals for Photographic Services for the City of Moab Recreation Programs. Requests for Proposals are available at: www.moabcity.org at no charge, or may be picked up at the Recorder's Office at the Moab City Offices, 115 West 200 South, Moab, Utah 84532. All proposals must be turned in to the City of Moab Recorder's Office by 3:00 p.m. on Friday, February 19, 2010 at 217 East Center Street, Moab, Utah 84532. The City of Moab reserves the right to reject any and all bids, or waive any informality or technicality in any bid. For further information, please contact the Recorder's Office at (435) 259-5121. /s/ Rachel Ellison City Recorder/Assistant City Manager Published in the Times Independent, February 4 and 11, 2010. R:\Bids\PHOTO RFP.docx Page 1 of 9 6-6 02/19/2010 Page 32 of 146 Moab City Recorder's Office REQUEST FOR PROPOSALS FOR PHOTOGRAPHIC CONCESSIONAIRE FOR THE CITY OF MOAB RECREATION PROGRAMS The City of Moab is seeking to procure a photographic concession services for the following recreation programs (as listed by season): Fall Full -contact football Flag Football 3v3 Soccer Youth Volleyball Middle School Volleyball 8th Grade, Middle School Football Winter Junior Jazz Basketball Indoor Soccer Spring Youth Soccer Spring Volleyball Summer Youth Baseball Youth Softball Sittings required will vary by sport and will include (but not limited to): • Team photos of up to 18 players and coaches • Large group photos of up to 50 children and coaches • Individual photos Final photographic products will be glossy or matte finish, standard photographs, and shall include (but not be limited to) the following: • 5" X 7" • 8" X 10" • Sports trading card photos • Statuette photos R:\Bids\PHOTO RFP.docx Page 2 of 9 6-6 02/19/2010 Page 33 of 146 Moab City Recorder's Office " O t h e r s a s s p e c i f i e d C o n t r a c t o r w i l l b e r e q u i r e d t o t a k e a l l p h o t o g r a p h s o n - s i t e o f s p o r t a c t i v i t i e s . P h o t o s u b j e c t s a r e p r i m a r i l y c h i l d r e n . C o n t r a c t o r w i l l b e r e q u i r e d t o c o l l e c t a l l a p p l i c a b l e f e e s f r o m i n d i v i d u a l s i n d e p e n d e n t l y o f t h e C i t y o f M o a b a n d t o e n t e r i n t o a n y c o n t r a c t u a l a g r e e m e n t s w i t h c u s t o m e r s i n d e p e n d e n t l y o f t h e C i t y o f M o a b . T h e c o n t r a c t o r s h o u l d d e l i v e r f i n i s h e d p r o d u c t s d i r e c t l y t o d e s i g n a t e d c o a c h e s o r t e a m r e p r e s e n t a t i v e s . C o n t r a c t o r a s s u m e s a l l r e s p o n s i b i l i t y f o r d e l i v e r y o f p r o d u c t s t o i n d i v i d u a l c l i e n t s . T h e C i t y o f M o a b w i l l a s s u m e n o l i a b i l i t y f o r l o s t , d a m a g e d o r m i s p l a c e d p h o t o g r a p h i c p r o d u c t s . C o n t r a c t o r i s r e s p o n s i b l e t o o b t a i n a l l a p p l i c a b l e l o c a l a n d s t a t e l i c e n s i n g a n d m u s t p r o v i d e p r o o f o f l i c e n s i n g t o t h e C i t y . C o n t r a c t o r i s a l s o r e s p o n s i b l e f o r c o l l e c t i n g a n d r e m i t t i n g a n y a p p l i c a b l e s a l e s t a x f o r p r o d u c t s s o l d . C o n t r a c t o r m u s t p r o v i d e e i t h e r p r o o f o f W o r k e r s ' C o m p e n s a t i o n c o v e r a g e o r p r o o f o f s o l e p r o p r i e t o r s h i p t o t h e C i t y o n a n a n n u a l b a s i s . C o n t r a c t e d s e r v i c e s w i l l b e p e r f o r m e d a n d a d m i n i s t e r e d a s p e r t h i s r e q u e s t f o r p r o p o s a l s a n d t h e s p e c i f i c a t i o n s i n t h e C i t y o f M o a b C o n c e s s i o n a i r e C o n t r a c t . F a i l u r e t o e x e c u t e o r a b i d e b y s a i d c o n t r a c t a n d p r o p o s a l w i l l c o n s t i t u t e f a i l u r e t o p e r f o r m / b r e a c h o f c o n t r a c t a n d s e r v i c e s s h a l l b e r e - b i d . T h o s e i n t e r e s t e d s h o u l d s u b m i t a S t a t e m e n t o f Q u a l i f i c a t i o n s i n c l u d i n g t h e f o l l o w i n g : Y e a r s e x p e r i e n c e i n p h o t o g r a p h y i n c l u d i n g : " S p o r t s r e l a t e d p h o t o g r a p h y " C o o r d i n a t i o n o f p h o t o g r a p h i c s i t t i n g s " C o o r d i n a t i o n o f p h o t o g r a p h i c s i t t i n g s w i t h c h i l d r e n " O u t d o o r p h o t o g r a p h i c e x p e r i e n c e " P r o f e s s i o n a l C e r t i f i c a t i o n s " A w a r d s , a c c r e d i t a t i o n s o r o t h e r p r o f e s s i o n a l h o n o r s S a m p l e s o f p h o t o g r a p h i c p r o d u c t s s h o u l d b e s u b m i t t e d . P l e a s e i n c l u d e a p r i c e r a n g e f o r e a c h p r o d u c t i n c l u d i n g a n y a p p l i c a b l e v o l u m e d i s c o u n t s . P r o p o s a l s s h a l l b e s u b m i t t e d n o l a t e r t h a n 4 . 0 0 P M F e b r u a r y 1 9 , 2 0 1 0 . N o p r o p o s a l w i l l b e c o n s i d e r e d t h a t i s n o t r e c e i v e d b y t h e a b o v e t i m e a n d d a t e . P l e a s e s u b m i t p r o p o s a l s t o t h e f o l l o w i n g : C i t y o f M o a b R e c o r d e r ' s O f f i c e 2 1 7 E a s t C e n t e r S t r e e t M o a b , U t a h 8 4 5 3 2 ( 4 3 5 ) 2 5 9 - 5 1 2 1 ( 4 3 5 ) 2 5 9 - 4 9 5 1 ( f a x ) 6 - 6 R : \ B i d s \ P H O T O R F P . d o c x P a g e 3 o f 9 0 2 / 1 9 / 2 0 1 0 P a g e 3 4 o f 1 4 6 M o a b C i t y R e c o r d e r ' s O f f i c e The City of Moab may elect to award multiple concessionaire contracts, divisible by sport and/or season. The length of the Photographic Concessionaire contract shall be three years. SOURCES OFINFORMATION Rachel Ellison, City Recorder/Assistant City Manager, may be contacted at (435) 259-5121 questions regarding requirements or completing of the proposal. John Geiger, Recreation Coordinator, may be contacted with sports or scheduling related questions. 6-6 R:\Bids\PHOTO RFP.docx Page 9 of 9 02/19/2010 Page 35 of 146 Moab City Recorder's Office CONCESSI ONAI RE CONTRACT This CONTRACT is made and entered into this 26th day of February, 2010, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, hereinafter referred to as the "City" and Perpetual Images herein referred to as "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Proposals would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract and/or Contract Documents and known as PHOTOGRAPHI C CONCESSI ONAI RE SERVI CES; and WHEREAS, the City has awarded the contract to the above named Contractor, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract and/or Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTI CLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to as the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Request for Proposals for the Project; b. Written proposal submitted by the Contractor; c. Change orders, approved written instructions, and written contract amendments; ARTI CLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract. ARTI CLE 3 Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks R:\Bids\PHOTO RFP.docx Page 5 of 9 6-6 02/19/2010 Page 36 of 146 Moab City Recorder's Office associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. ARTI CLE 4 Contract Time. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the Qty, and to substantially and fully complete the work by the end of the winter recreation season, 2012. ARTI CLE 5 Contract Binding. The Qty and the Contractor each binds himself, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. The Contract and attachments constitute the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. ARTI CLE 6 Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTI CLE 7 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. ARTI CLE 8 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable R:\Bids\PHOTO RFP.docx Page 6 of 9 6-6 02/19/2010 Page 37 of 146 Moab City Recorder's Office attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages. ARTI CLE 9 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder/Assistant City Manager City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Perpetual Images IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: By: Mayor ATTEST: City Recorder (Seal) 6-6 R:\Bids\PHOTO RFP.docx Page 7 of 9 02/19/2010 Page 38 of 146 Moab City Recorder's Office Contractor: Date: By: Title State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County R:\Bids\PHOTO RFP.docx Page 8 of 9 02/19/2010 Page 39 of 146 Moab City Recorder's Office 6-6 Attachment A Moab City Concessionaire Contract REQUEST FOR PROPOSALS FOR PHOTOGRAPHIC CONCESSIONAIRE FOR THE CITY OF MOAB RECREATION PROGRAMS R:\Bids\PHOTO RFP.docx Page 9 of 9 02/19/2010 Page 40 of 146 Moab City Recorder's Office CAtoetzia6 IMAGES P.O. Box 366, Moab, Utah 84532 (435) 259-6919 www.perpetual-images.com City of Moab Recorder's Office Moab, Utah 84532 February 17, 2010 My proposal for photographic services for the City of Moab Recreation Department is enclosed. About a year ago, I started a new program which greatly increased the number of products offered to players and parents. Personalized t-shirts, stainless -steel travel mugs, sports bottles and many more of the new items have proven to be extremely popular. The money -saving packages have also been a hit. The new system makes it possible to deliver products within 5=7 days after photo day...a vast improvement over the 2-4 weeks in the past. The last time this contract was bid, it was almost awarded to a company 120 miles away. With my 25+ years experience as City Recreation's photographer, I can assure you that no company from out of town could even approach the level of service to which everyone has become accustomed. A high percentage of team photos have to be rescheduled because either the coaches or several players will be absent on the originally scheduled day. There have been countless times when I have travelled to town from Castleton just to shoot a single team which had to be rescheduled. In special circumstances, I have photographed coaches or players separately and inserted them digitally into the team photo at no charge. Each year, Perpetual Images donates more than 200 team photos to City Recreation and to coaches, with a retail value of more than $1000.00 per year. I will continue to donate team photos to coaches and to the City Recreation Department. I have also sponsored a youth baseball team for more than 20 years. As for my "qualifications", I will quote from a letter I received from a former Director of Moab City Recreation: "Thanks for your terrific support these last few years by providing beautiful photographs for all the team sponsors...I am so grateful for your involvement in our programs — your participation doesn't go unnoticed, and does have a positive impact. Thank you for your years of patience and persistence with thousands of children and hundreds of sports seasons." Perpetual Images has been in business for more than 33 years, and will certainly be here at the end of the proposed 3-year City Recreation contract. We have a proven record. I'm sure you can find someone to do the job for less...but I absolutely guarantee that you will NOT find anyone who will do a better job or provide better service to the city or to program participants. Thank you for your consideration of my proposal and for your past endorsements. Sincerely, Frank L. Mendonca Note: ALL items shown on the color side of the order envelope are available even if they do not appear on the price list. Parents usually ask about additional items shown. Pe4t44:�•& fay Meo.en;e4 5;446e 1976 rrENTION PARENTS! rAgE CLOSED ON PICTURE DAYNVELOPE WITH pose make payment with CASH or CHECK to: PERPETUAL IMAGES P.O.BOX 366, MOAB, UTAH 84532 435-259-6919 SELECT THE MONEY SAVING SPECIALS AND ADDITIONAL PRODUCTS IN ANY COMBINATION YOU WANT. FILL OUT ALL THE ORDER INFORMATION. SATISFACTION GUARANTEED Listed prices are for prepaid orders received on picture day. Late orders are subject to higher pricing. PLEASE BE ON TIME SO YOU DON? MISS THE TEAM PHOTO HERAL INFORMATION �; jai N»me Poaaaaaannaaanaaaaaac rffonnEumnacioon000nn „� dress Phone City State Zlp D SUPERSTAR i -12x16 Digital Memory Mate • Indiv & Team images combined with beautiful background graphics 1 - Photo Statuette 8x10 %" Hardboard, Personalized ? - MVP Digital MagnetsTM - 3" Photo Buttons SAVE $15.00 $58n ALL STAR - 8x10 Digital Memory Mate • Indiv & Team images combined with beautiful background graphics - MVP Digital MagnetsTM - MVP T ShirtsTM M L XL SAVE $12.00 °naked Product Information Q MVP 1 - 8x10 Digital Memory Mate • Indiv & Tearn images combined with beautiful background graphics 16 - MVP Digital Trading CardsTm 1 - Reflections Print • Color Image and Black & White Close-up 1 - Photo Spurts Bottle AVE $14.00 0 TEAM PLAYER 1 - 8x10 Digital Memory Mate • Indiv & Team images combined with beautiful background graphics 2 - 5x7 individual Prints 2 - 3" Photo Eluttons 8 - Wallet Prints SAVE $9.00 12" Dry Erase Message Board Not shcwn on front Please print carefully. Data will be printed EXACTLY as you enter it YOU are responsible for accuracy and legibility. III I s Position (one onfy) I I [ I as Number Weight I I 1 I I albs. orb) Age 1 1 1 Page 42 of 146 DENV7 7 —PERP 0 1-0 02 ,‘MarkYour Choices Here „„. PRICE TOTAL SUPERSTAR 58.00 MVP 50.00 ALL STAR 42.00 TEAM PLAYER 32.00 ADDITIONAL ITEMS May be purchased with or without purchasing the above packages. 1 • WP Hooded SWee Shiltnl s i M xi 30.00 1- MVP T-Shirtnt s L M xi. 14.00 1- Photo Statuette • Bx10 `I' Hardboard, Personalized 30.00 1- Magnetic Message Board • 5x10 Dry Erase 22.00 1- Photo Sports Bottle 1$.04 1- Photo Travel Mug 1$•00 16 - MVP Trading Cards"" 18.00 1- MVP Magazine CoverN 14.00 2 - MVP Digital MagnetsTM • 3x5 14.00 1- MVP Metallic Calendar"" • 0x10 14.00 2 - 3" Photo Buttons 9.00 1- MemoryMate Plaue • Vix5Indio, 5x" Team, Walnut Plague 24.00 1-12 (16 Digital Memory Mate • Indio & Team wkadirround graphics 20.00 1- 8x10 Digital Memory Mate • Indio & Team % atkgroundgraphics '4i 1.� 7 1- Reflections Print • Color Image and Black & While Close-up 16.00 2 - 5x7 Individual Prints 10.00 8 - Wallet Prints 10.00 1- 5x7 Team Print 5.00 TOTAL ,41%o 1e.: �iXIO -t-e k ►tnf .vii21>)ai g cl A i /4-a nS o revers,c stci-e "Ws° ctval hoc 1._ e Moab City Recorder's Office REQUEST FOR PROPOSAL TO PROVIDE CONCESSIONAIRE SERVICES FOR THE CITY OF MOAB RECREATION DEPARTMENT The Moab City Recreation Department wishes to retain a concessionaire to handle all of the duties of a concessionaire, as specified in this request for proposals and attached contract, to run the summer recreation ballpark concession. The duration of the contract will be from March 15, 2010 to November 1, 2012. In this capacity, the concessionaire's responsibilities would include the following: 1. Provide concession services from May 15, 2010 through July 30, 2010; and May 15, 2011 through July 30, 2011; and May 15, 2012 through July 30, 2012; Monday through Friday evenings from 5:00 PM until 10:00 PM during the regularly scheduled ball season at the ballpark located at 200 E. Center St. Times may be adjusted with the approval of the Moab City Recreation Coordinator. Concessionaire may also choose to provide concession services for the Moab City Youth Soccer Program and Little League Football; please contact the Moab City Recreation Coordinator for dates. 2. At least ten (10) days prior to each year's concession services term, provide a copy of a current Moab City Business License and a Moved -on Structure Permit (contact the Treasurer's Office for required licensing). The City of Moab agrees to waive all fees for said licenses and permits. 3. Provide an insurance certificate in the amount of one million dollars listing the City of Moab as a co-insured. 4. Prior to the beginning of each concession season, provide a list of the kind of food and beverages and portions proposed to be served, along with a price list to be reviewed and agreed upon by the City of Moab. 5. Order all food and beverages to be sold on -site. 6. Publicize a price list for all items to be sold, as well as the hours of operation. 7. Limit sales to food and non-alcoholic beverages only. 8. Be responsible for contracting solid waste removal at concession area and litter control of surrounding concession area. 9. Be responsible for hiring, scheduling and providing Worker's Compensation Insurance for concession employees, and providing proof of said coverage to the City. 10. Provide all equipment and supplies and moved -on structure(s) necessary to run the concession. 11. Agree that the entire cost of operation and maintenance of the concession shall be at the concessionaire's expense. 12. Agree to abide by all ordinances of the State of Utah, Grand County Health Department and the City of Moab, which, in any respect, relate to the business conducted by the concessionaire. 13. Be responsible for the security of all concessionaire equipment and supplies. Page 1 of 8 02/19/2010 Page 43 of 146 Moab City Recorder's Office 14. This agreement is non -transferable. Concessionaire shall not assign this Agreement to a third party nor permit outside use of any portion of the concession by a third party. The proposal shall not exceed three pages and should address the following: 1. Previous experience in concessions. 2. Business and personal references, including phone numbers for those employees expected to be staffing and managing the concession. 3. Provide resumes of key personnel involved with the concession. 4. Provide a general concessionaire work plan to accomplish the scope defined in the responsibilities of the concessionaire. The concessionaire work plan should demonstrate the concessionaire's understanding of the concessionaire requirements. The City of Moab requests that any concessionaire interested in responding to this request submit a written proposal. BUSINESS/COMPANY/PERSON: MAILING ADDRESS: PHONE NUMBER: LIABILITY INSURANCE COMPANY: LIABILITY INSURANCE POLICY NUMBER: WORKER'S COMPENSATION INSURANCE COMPANY: WORKER'S COMPENSATION INSURANCE POLICY NUMBER: AUTHORIZED SIGNATURE: DATE: PLEASE MARK YOUR ENVELOPE: "PROPOSAL FOR MOAB CITY BALLPARK CONCESSION" Page 2 of 8 02/19/2010 Page 44 of 146 Moab City Recorder's Office CONCESSI ONAI RE CONTRACT This CONTRACT is made and entered into this 26th day of February 2010, by and between OTY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, hereinafter referred to as the "City" and Sharee Carlson herein referred to as "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Proposals would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract and/or Contract Documents and known as BALLPARK CONCESSI ONAI RE SERVI CES; and WHEREAS, the City has awarded the contract to the above named Contractor, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract and/or Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTI CLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to as the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Request for Proposals for the Project; b. Written proposal submitted by the Contractor; c. Change orders, approved written instructions, and written contract amendments; ARTI CLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract. 02/19/2010 ARTI CLE 3 Page 3 of 8 Page 45 of 146 Moab City Recorder's Office Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. ARTI CLE 4 Contract Time. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work November 1, 2012. ARTI CLE 5 Contract Binding. The City and the Contractor each binds himself, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. The Contract constitutes the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. ARTI CLE 6 Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTI CLE 7 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. 02/19/2010 Page 4 of 8 Page 46 of 146 Moab City Recorder's Office ARTI CLE 8 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is understood that in no event shall the City be liable to Contractor for consequential damages. ARTI CLE 9 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder/Assistant Oty Manager Oty of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Sharee Carlson IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: By: Mayor ATTEST: City Recorder Page 5 of 8 02/19/2010 Page 47 of 146 Moab City Recorder's Office (Seal) 02/19/2010 Page 6 of 8 Page 48 of 146 Moab City Recorder's Office Contractor: Date: By: Title State of Utah ) § County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County 02/19/2010 Page 7 of 8 Page 49 of 146 Moab City Recorder's Office Attachment A REQUEST FOR PROPOSAL TO PROVIDE CONCESSIONAIRE SERVICES FOR THE CITY OF MOAB RECREATION DEPARTMENT Page 8 of 8 02/19/2010 Page 50 of 146 Moab City Recorder's Office Hot Dog $ 1.75 Chili Dog $ 3.25 Chili/scoop $ 1.00 Frito Pie $ 3.25 Navaho Taco $ 4.00 Grannies Suckers $ 0.25 Ring Pop $ 0.50 Cold Dill Pickle $ 0.50 Fruit Snacks $ 0.50 Candy Bars $ 1.00 Oreo Cookies $ 0.60 Nachos $ 2.00 Cotton Candy $ 0.75 extra cheese $ 0.50 Chips $ 0.50 Churros $ 1.00 Jerky $ 0.75 Pretzel/w cheese $ 2.00 Popcorn $ 0.50 Funnel Cakes $ 2.00 1, d 6 Fry Bread $ 1.00 Snow Cones $ 1.00 Capri Sun $ 0.50 Canned Pop $ 1.00 Juice Box $ 0.50 Water $ 1.00 Powerade $ 1.25 02/19/2010 Page 51 of 146 Moab City Recorder's Office City of Moab Planning and Zoning Department Inter -office Correspondence PL-os-iso November 6, 2009 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Call for Public Hearing for the Approval of the Conditional Use Permit for Thirty -One Twin homes in The Preserve Subdivision as Submitted by Ben Byrd, and Referred to Council by the Planning Commission Background Mr. Byrd has submitted a preliminary plat for The Preserve Subdivision that was reviewed by the planning commission during a public hearing on November 12, 2009. The submitted plat indicated that there were thirty-one (31) lots set aside for twin homes and that eight (8) of these lots are located in Phase One of the development. Twin homes are conditional uses. The property is located in the R-2 Zone and the required lot size is an area of not less than seven thousand two hundred square feet for each one -family dwelling. For two-family dwellings, the building site must contain at least ten thousand square feet. The minimum width of any building site for a one -family dwelling or other buildings in the R-2 Zone is required to be seventy-five linear feet plus ten (10) additional linear feet for each additional dwelling. This measurement is taken twenty-five feet back from the front lot line of each lot. The Planning Commission reviewed this conditional use permit application at a regular meeting held on December 10, 2009, and through unanimous adoption of Planning Resolution 14-2009, recommend that Council approve the permit for this residential use. Two conditions were identified in the resolution: 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; 02/19/2010 Page 52 of 146 Moab City Recorder's Office City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Discussion Page 2 of 4 A "Conditional use" is generally defined as "a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested." Twin homes fall under this defined category of conditional uses in the zones that allow them, and a review is required for this development. Code Chapter 17.09.630, Conditional use, states that Council and the planning commission may approve twin -home ownership as defined in Section 17.06.020 (definition of dwelling, two- family) of any two-family dwellings where two-family dwellings are a permitted use in a particular zone; such approval to be subject to such conditions as the planning commission may impose on the particular application for it. "Dwelling, two-family" is defined in 17.06.020 as, "...a building containing two separate dwelling units each of which is designed for or occupied by one family. A twin -home shall be a two- family attached or semi -attached dwelling, subdivided into two separately owned parcels of land underlying said twin -home, but with the requirement that each dwelling unit in said home share a common boundary pursuant to a party wall agreement." Requirements The specific requirements established in the code for this conditional use are that the dimensional requirements of the lot size and yards for the R-2 zone and a party wall agreement must be met. However, the code also specifically states that for twin homes, "approval may be subject to such conditions as the planning commission may impose on the particular application...." In addition, general review criteria for the approval of all conditional use applications is established in Code section 17.09.530, Conditional use permits, subsection H, and allows the city to establish conditions to satisfy these standards. "H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. The applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent 02/19/2010 Page 53 of 146 Moab City Recorder's Office City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Page 3 of 4 existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code." Subsection J also requires that conditional use permits will be held to the maximum density of 7-1 02/19/2010 Page 54 of 146 Moab City Recorder's Office City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 the underlying zone district. This proposal satisfies this standard. Page 4 of 4 Subsection K contains specific performance criteria establishing that any approved conditional use permit must be commenced within one year of the time the permit is issued. It also allows for an expiration of the permit if the permit holder has not commenced action under the permit within this period of time and that the holder must apply for a new permit. However, a one-time six-month extension may be granted by the planning commission for good cause shown. The permit holder must apply for the extension to the Zoning Administrator in writing before the expiration of the original permit and describe the cause for requesting the extension. Alternatives 1) Approve the permit as submitted; 2) Approve the permit with the conditions established by the Planning Commission or with additional conditions to satisfy provisions of the Code; 3) Table the application in order to satisfy any needs for additional information; 4) Deny approval of the proposed conditional use permit and state the reasons. p:\planning department\2010\correspondence \p1-10-005 cc twin home cup preserve.docz 02/19/2010 Page 55 of 146 Moab City Recorder's Office CITY OF MOAB PLANNING RESOLUTION NO. 14-2009 A RESOLUTION CONDITIONALLY APPROVING THE CONDITIONAL USE PERMIT FOR THIRTY- ONE TWIN HOMES TO BE LOCATED IN THE PRESERVE SUBDIVISION ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, Dennis and Patricia Byrd, 826 Colorado Avenue, Moab, Utah, 84532 as the owners of record ("Owners") of an 18.6-acre tract have applied through their agent, Ben Byrd, Rainbow Lane, Moab, Utah 84532, for an 85-lot subdivision of the tract located in the R-2 zoning; and, WHEREAS, the Owners have expressed a desire to construct twin homes on specified lots located throughout the proposed subdivision; and, WHEREAS, this type of housing is a conditional use in the R-2 Zone according to Code Chapter 17.45.020; WHEREAS, the applicant applied for a conditional use permit to construct said twin homes and provided the City of Moab with the necessary documents, plans and drawings to complete the application for the conditional use permit application; and, WHEREAS, the City of Moab Planning Commission ("Commission") held a duly advertised public hearing to review the proposal and receive testimony against and/or in favor of the proposal on December 10, 2009,; and, WHEREAS, the proposed lots exceed the minimum required lot size for detached single family residences of seven thousand two -hundred (7,200) square feet for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code and the lot size requirement of ten thousand (10,000) square feet for attached single-family dwellings ("twin homes"); and, WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the conditional use, have found that the specific requirements of the Moab Municipal Code for construction of the proposed twin homes in the R-2 Zone have or can be met. NOW, THEREFORE, be it resolved by the Moab Planning Commission of the City of Moab, Utah, that adoption of Resolution No. 14-2009 conditionally approves 31 lots for construction of twin homes with the following requirements. 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; Kara Dohrenwend Date Chair p:\planning department \2009\resolutions \pc\I4-2009 cup twin homes preserve.docx 02/19/2010 Page 56 of 146 Moab City Recorder's Office CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK DATE STAMP FOR CITY USE ONLY TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): - e Ae, s er ✓e PROJECT STREET ADDRESS OR ACCESS STREET: HOC GO eS+ oo MED '' 1.'0 �{.E �j1I i OF M AB FOR CITY USE ONLY APPLICATION NUMBER: Did �.�; DATEREcaNEn: v',,. APPLICATION FEE: $200.00 TREASURER'S RECEIPT NUMBER: All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. I. PRE -APPLICATION CONFERENCE. Prior to the filing of a Conditional Use Permit application, the Applicant shall meet with the Planning Department to become acquainted with the requirements of the City. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the Applicant may be represented by a land planner, engineer, architect or surveyor. II. TYPE OF CONDITIONAL USE ❑ Carport Side Setback ❑ Moved Building ❑ Secondary Dwelling ❑ Small Lot ❑ Public Utility Facilities ❑ Bed and Breakfast ❑ C-4 Dwellings Twin Home ❑ Wireless Telecommunications Facility ❑ Drive -up Window for Financial Institution in Cl ❑ Historic Home Expansion in C3 ❑ Factory Built Home Sales in C4 II. APPLICANT Please check one of the following: owner agent other Name: ,� ell 48,1,rai Es Pain I-) °LA ) ,0r Mailing Address: 1)4 (04h t)-r- Phone #: (361 - 9 9-(95-- Fax #: III. GENERAL INFORMATION Property Address/Location Existing Zone Detailed Explanation of Proposed Use v,b d , ✓, t; f)n 4;r/14, �� R -, A home /0-Is r 1 5n 0 (,ue's E-mail. ben yrri 78 e - to , erne4, rte. Pond-oi."(ry Sin* 7-1 02/19/2010 Page 57 of 146 Moab City Recorder's Office CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am a party whom the City should contact regarding any matter pertaining to this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that my application is not deemed complete until City Staff has reviewed the application and has notified me that it has been deemed complete. Signature of Applicant: Date /0/ g/ n q Name of Applicant (please print) ge./t y rai AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of Applicant (please print) %3 �/1 g Lira! Mailing Address 8S3 Pa4)000 /1/10,5k Signature Date SUBMITTAL REQUIREMENTS AND APPLICANT RESPONSIBILITIES At least thirty (30) days prior to the review meeting the Applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the Planning Department shall also be accompanied by or show the following information: A narrative describing the project which demonstrates that the criteria for the Conditional Use Permit have been met. A site plan is required with each application. The level of detail required on the site plan will be determined at the pre -application meeting based on the proposed use. The street address and legal description of the property affected. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or proposed use. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the City Council. Stamped envelopes addressed to all adjacent property owners within three hundred (300) feet of the subject property boundary lines. (No return address please) ❑ Any supplemental requirements applicable for the requested conditional use permit. 02/19/2010 Page 58 of 146 Moab City Recorder's Office 7-1 28 4 PHASE .? 0. GEC �S, SIMS STOP PHASE Z• 41 sr TO g»„ v n8 a a as v 5 9 B S MOAB 31 s- n18 A _ «5 CITY a a� vwa a SEWER. MAIN 1 PHASE 4 S nfi SF 123 CITY OF MOAB A es<s w; IVO a a, PAGER 49 "I AT PHASE 48B 1:4 522 v LEGEND k A Aw..S IDrS r 'BYRD AYENUe ,.„ k Ear J urr TRACT v / p,\ GOVERNMENT 19UIXER. Mute O SEVER NANCLE EXISTING WATER LINE EXISTING SEVER LINE PROPOSED VATER LINE f PROPOSED SEVER LINE EXISTING ID' CONTOUR EXISTING E' CONTGUR T,T FIRE HYDRANT GRAPHIC SCALE 1 W: a'M1 Smsr {VAT 2A 28 TYPO LOT CONFIGURATION sass MHSY :xF TRACT v Alm I m' S9' �zrzx �s n f 9x NOi WS ASPHALT AUNTREATER SPIRRAO* SE COUBSE GRANULTYPICAL BYRD AVENUE ROAD SECTION SD' E. SBAE GROUNC -.sTAEATE: EASE CURSE <Eta cu.a s�GUT-EA , TA. 3.411 s,._S, 4 h zx xx z I rT CCNC SSEAALX UNHOT UNTREATED BASE LT CO UNTREATED EASE 'COURSE UNULARIBO BASE COURSE GRANULAR BORROW TYPICAL OTHER ROAD SECTION `aRe A Gu-R (TYP BOTH S.CES) A PRELIMINARY PLAT OF THE P1�E'AS�I�II�' AS'UB11IVSION A RESIDENTIAL SUBDIVISION WITHIN SECTION 35, T 25 S, R 21 EE, SLM, GRAND COUNTY, UTAH NOTES:' Pam A9On A.'m'Ro A a a'"< PAACE C r, SOT OfYNER / DEVELOPER BEN BYRE 859 R /NB0.1 DR/Pe MOAB, UTAB 84592 259-9785 PREPARED BY 1(2- Off LAND SORT/El/LW 15 EAST CENTER STREET AlOAB, UTAN 8/532 DATE: AUGUST EI, SDOS salt B-Iq-Os.a.q ORA. Bn u CHECOED BY: B Moab City Recorder's Office Page 59 of 146 ORDINANCE # 2010-01 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE CHAPTER 17.55, HILLSIDE DEVELOPMENTS AS APPLIED IN ALL ZONES WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01-2002, to serve as the guide for land development decisions; and WHEREAS, Titles 15, Buildings and Construction, 16, Subdivisions, and Title 17, Zoning, of the Moab Municipal Code were adopted to implement the General Plan with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to correct language that is outdated or was adopted in error in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, City Staff has identified issues with the adopted code that must be addressed by this amendment of Chapter 17.55, Hillside Developments; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2010-01 (formerly #2009-11) during a public hearing held on September 10, 2009, and subsequently recommended to Council on December 10, 2009, adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on , 2010, to decide the merits of the proposed amendments; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the changes and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, specifically, Chapter 17.55, Hillside Developments, is hereby amended to read as follows: Chapter 17.55.060 subsection B is hereby repealed and replaced with the following language to read: B. All minor development on slopes greater than fifteen (15) percent shall first be reviewed by the Moab Planning Commission. The planning commission shall then make a recommendation to the city council for review and approval. Prior to any excavation or construction activity, a grading permit must be obtained from city staff. AND, FURTHERMORE, Chapter 17.55.060, Hillside development permit required, shall be repealed and replaced with: 17.55.060 Hillside development permit required. 7-2 02/19/2010 Page 60 of 146 Moab City Recorder's Office A. All major development on slopes in excess of fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review proposed development and make a recommendation to the city council. B. All minor development on slopes greater than fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review the proposed development and make a recommendation to the city council. C. Government Exemptions. Exemptions to this chapter may be granted to government agencies under the following guidelines. Proposed development by the City of Moab and other government agencies, are required to submit the appropriate documentation as established in Chapter 17.55.070. The application shall be submitted to city staff for review and recommendation to the City Council. Subsequent to review of the proposed project by staff, City Council shall evaluate the project at the next available meeting. In granting an exemption, the City Council may prescribe appropriate reasonable conditions and safeguards to ensure compliance with the requirements of the Moab land development regulations. Exemptions apply to necessary development of various public works and community development projects including, but are not limited to, flood control structures such as dams and retaining walls, water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. In the application of this section, Council shall have the authority to grant exemptions to any of the requirements of this chapter by applying the following review criteria. 1) The establishment, maintenance or operation of the proposed special exception is not detrimental or injurious to the use and enjoyment of existing uses on adjacent properties; 2) The establishment, maintenance or operation of the proposed special exception use or structure will not cause traffic hazards in the vicinity; 3) Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking; 4) Adequate public facilities and services are available for the proposed special exception use or structure; 5) The application meets all special requirements as detailed within the zoning ordinance for the specific special exception if any apply; 6) The use will not be detrimental to the public health, safety or welfare; 7) The location, nature and height of each building, wall and fence, the nature and extent of landscaping on the site and the location, size, nature, and intensity of each phase of the use and its access streets will be compatible with the appropriate and orderly development of the district in which it is located; 8) The proposed use will not conflict with an existing or programmed public facility, public service, school, or road; 9) The proposed use has the written recommendations and comments of the Public Works and Engineering Departments; 10) The applicant has presented sufficient evidence of public need for the use. D. Permit approval under this section shall not be required for preliminary plats that have been approved by the city council prior to the adoption of the ordinance codified in this chapter. E. Upon review of a permit application for either major or minor development the planning commission may, in addition to recommending approval or denial of the application, Ordinance #2010-01 7-2 02/19/2010 Page 61 of 146 Moab City Recorder's Office submit to the city council recommendations as to conditions to be attached to the permit to mitigate specific adverse impacts associated with the application. F. The city council may approve the application as submitted; approve subject to conditions; or deny the permit in full where the development does not meet the standards of this chapter or other provisions of the Municipal Code. AND, Chapter 17.55.090, subsection B is hereby repealed and amended to read: B. All buildings constructed upon lands subject to this chapter shall be one story only, or twenty feet maximum, in height. Height shall be measured as described in Chapter 17.55.020, Definitions. AND, FURTHER THAT the term "adjunct" in the definitions of "Major development" and "Minor development" in Chapter 17.55.020, Definitions, shall be replaced with the term "related". IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Ordinance #2010-01 02/19/2010 Page 62 of 146 Moab City Recorder's Office City of Moab Planning and Zoning Department Correspondence December 16, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Call for Public Hearing for Proposed Ordinance #2010-01 Amending Title 17.00, Zoning, Chapter 17.55, Hillside Developments by Providing Exemptions for Government Projects as Referred to Council by the Planning Commission Background It has been recognized by staff that future projects may be in violation of Moab Code Chapter 17.55, Hillside Development. These include, but are not limited to water tanks, flood control measures, and transportation projects. The attached ordinance provides an amendment to Chapter 17.55 to include a review by city staff prior to a review by Council for government projects consisting of transportation, and other utility and public works projects. It expands the authority of Council to grant exemptions to the development requirements when necessary and streamlines the process for a review by staff and Council. The Planning Commission reviewed numerous changes during a series of public meetings that began on June 25, 2009 and culminated in a public hearing on September 10, 2009. Additional amendments to the ordinance were drafted and the commission voted 5-0 on December 10, 2009, to recommend that Council approve the changes to the Code. Discussion The changes are being proposed by city staff as an effort to clarify some of the requirements of the current language in the code and allow an abbreviated time period for approval of the types of projects mentioned above. The attached ordinance, as shaped by the Planning Commission in five meetings, contains the many changes that were discussed. Other minor changes that have been incorporated into the new text include: Chapter 17.55.060 subsection B, currently states that Council issues a grading permit to the applicant. This is incorrect, and has been amended to read that a grading permit must be obtained from city staff subsequent to the approval by council of the hillside development permit. 7-2 02/19/2010 Page 63 of 146 Moab City Recorder's Office Moab Council PL-09-161 Ordinance 2010-01 Hillside Regulations December 16, 2009 page 2 of 2 Chapter 17.55.090, subsection B is amended to reference the definition of building height in Chapter 17.55.020, Definitions. For clarity, the antiquated term "adjunct" in the definitions of "Major development" and "Minor development" in Chapter 17.55.020, Definitions, will be replaced with the contemporary term, "related". Process Chapter 17.04.080 requires that a text amendment of the code be reviewed through a public hearing before the Planning Commission. While the ordinance was discussed over five meetings, the final hearing on this ordinance was during the regularly scheduled meeting on December 10, 2009. The decision to recommend to Council to approve the ordinance was made by the Commission in a 5-0 vote. Chapter 17.04.100 provides that the Council may elect to hold a public hearing but it is not a requirement of the code. Recommendation Staff recommends that these amendments be adopted. In addition to clarifying specific code provisions, the added criteria for exemptions will ensure that the goals of the hillside regulations are upheld and still provide a more rapid review for approval of needed projects. Alternatives In its action, Council can: 1) Approve Ordinance #2010-01 as recommended by the Planning Commission; 2) A approve Ordinance #2010-01 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the application in order to satisfy needs for additional information. p:\planning department \2009\correspondence \p1-09-161 hillside regulations amendment.docx 02/19/2010 Page 64 of 146 Moab City Recorder's Office CITY OF MOAB ORDINANCE # 2010-02 AN ORDINANCE AMENDING TITLE 10. VEHICLES AND TRAFFIC, SPECIFICALLY CHAPTER 10.04, VEHICLE CODE, AND MORE SPECIFICALLY, CHAPTER 10.04.230, UNLAWFUL PARKING -VEHICLES LEFT STANDING FOR MORE THAN FORTY-EIGHT HOURS AND OVERNIGHT CAMPING IN VEHICLES. WHEREAS, the Vehicle Code was adopted to provide a codified reference of all regulations established by the Moab City Council relating to the operation and parking of motor vehicles and other motorized or non motorized transportation vehicles and devices operated within the jurisdiction of Moab City. The regulations contained within the code are intended to provide for the safe and orderly movement of vehicle and pedestrian traffic on and about public streets, alleys, and easements; and, WHEREAS, historically, local law enforcement of traffic violations has been effectuated through ordinances that basically set out provisions of the Municipal Code, the state statute known as the Utah Vehicle Code (UVC) or through adoption by reference of the rules and procedures promulgated by the Uniform Traffic Code (UTC); and, WHEREAS, the City of Moab has seen an increase in the number of recreational vehicles, boats, and utility trailers parked on neighborhood streets that are now used as storage for such large items; and, WHEREAS, these vehicles often remain for extended periods of time and are moved only when a complaint is registered; and, WHEREAS, the City Council ("Council") of the City of Moab finds that long term parking of inoperative and unattended vehicles and detached trailers is a nuisance in neighborhoods, by impeding the cleaning of streets, adding trash to the neighborhoods, and hindering traffic safety within the corporate limits of the City of Moab; and, WHEREAS, the intent of this ordinance is to reduce the impacts from parking certain recreational vehicles, unattached trailers, and other vehicles on City of Moab rights -of -way for the purposes of storage; and, WHEREAS, this ordinance will improve traffic safety by decreasing congestion on public streets and increase the visual aesthetics of neighborhoods; and, WHEREAS, Council, in accordance with the ordinances of the City of Moab and Utah State Law, has given the required notices and held the required public hearing regarding this amendment of the Land Use Code on , , 2010; and, WHEREAS, this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the ordinances of the City of Moab and it is accordingly so ordained; and, 7-3 02/19/2010 Page 65 of 146 Moab City Recorder's Office Draft DrkMOB 2009 November 17, 2009 Page 2 of 3 WHEREAS, the Council finds that it is in the public interest to amend the code in an effort to protect the character of neighborhoods, and increase traffic safety and decrease neighborhood blight by curtailing the use of neighborhood streets as storage facilities for various vehicles and trailers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB pursuant to Utah Code Annotated section 10-8-84, and UCA 41that, Title 10.0, Vehicles and Traffic, Code Chapter 10.04, Vehicle Code, Section 10.04.230, Unlawful parking, is repealed and amended with the adoption of the following new language: "10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person, company, or corporation to park or to cause to park or leave standing any inoperative vehicle, truck, recreation vehicle, or trailer on any public road, street, alley or municipal property any motor vehicle except for loading or unloading of equipment. In no instance shall the vehicle be parked for a period of time that will exceed four (4) consecutive hours. Any vehicle so parked or left standing may be fined, impounded or removed by any regularly employed and salaried officer of the police department of the City of Moab. B. It is unlawful to park any vehicle or motor home on a public road, street, alley, or lot, other than designated recreational vehicle parks, for human habitation or overnight camping. Any vehicle or mobile motor home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. C. For purposes of impoundment and removal, an officer may, after making a reasonable effort to locate the owner, may impound and remove any motor vehicle which has been unmoved for four (4) consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. D. The presence of any motor vehicle on any street when standing or parked in violation of this chapter of the code is prima facie evidence that the registered owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. E. No vehicle or trailer that has been involved in a violation of this section shall be relocated on the street for a period of not less than 10 months and shall not be relocated within one face block of the previous location. F. A second offense at any time subsequent to the initial violation constitutes a repeat offense. Repeat offenders shall be prosecuted under Moab Code Chapter 10.04.250. AND, FURTHER THAT the following terms shall be included in Chapter 10.04.020, Definitions, to read: "Face block" is a section of street including both sides of the pavement that extends from one corner to a subsequent corner of an intersecting street. "Inoperative vehicle" is defined as any vehicle that is unlicensed or unregistered, and/or is unable to be operated because of needed mechanical or other physical repairs. Ordinance #2010-02 Page 2 of 3 7-3 02/19/2010 Page 66 of 146 Moab City Recorder's Office Draft DrdlfMOB 2009 November 17, 2009 Page 3 of 3 "Recreational vehicle" means any of the following: 1. "Travel Trailer" a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. 2. "Pick-up Coach" a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 3. "Motor Home" a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 4. "Camping Trailer" a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. 5. "Utility recreation trailer" is a trailer towed behind a vehicle that may or may not be designed to provide temporary quarters for eating and sleeping but is primarily utilized to transport recreation equipment such as OHVs, and motorcycles of every type, supplies, or boats, rafts, four wheel drive vehicles, and snowmobiles. EXISTING TEXT: 10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person to park or leave standing on any public road, street, alley or municipal property any motor vehicle for forty-eight or more consecutive hours, and any vehicle so parked or left standing may be fined, impounded or removed by the a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. B. It is unlawful to park any vehicle or mobile home on a public road, street, alley, or lot (other than designated recreational vehicle parks) for human habitation or overnight camping. Any vehicle or mobile home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. Ordinance #2010-02 Page 3 of 3 7-3 02/19/2010 Page 67 of 146 Moab City Recorder's Office City of Moab Planning and Zoning Department Correspondence PL-10-018 February 1, 2010 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Public Hearing for Proposed Ordinance #2010-02 Amending Chapter 10.04.230, Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles, as Referred to Council by City Staff Discussion As noted in a previous memo to Council, this amendment of Title 10, Chapter 10.04.230 will provide additional tools to the police department for the enforcement of parking violations. The proposed changes deal with repeat offenders and reduce the time allowed for parking trailers on the public right-of-way. The new regulations are intended to bring about a reduction in the blight appearance of some of these publically stored trailers and increase traffic safety. In addition, employees of the public works department will realize an increase in their productivity for snow and debris removal. These changes to the code will allow the police department more latitude when answering complaint calls for this violation especially when dealing with repeat offenders. The changes include updated definitions for face block, inoperative vehicle, and recreational vehicle that includes travel trailer, pick-up coach, motor home, camping trailer, and utility recreation trailer; This recurring problem takes place mostly in residential areas and leads to storing of trailers on narrower streets for very long periods of time. The current language of Code Chapter 10.04.230 provides the police department with inadequate enforcement tools. This amendment will not create a mountain of impounded vehicles because it is intended to be a complaint -driven enforcement. By reducing the perpetual "unloading" time of these types of trailers, the use of the public right-of-way will become more public and become more accessible to everyone who lives in and visits the residents of any specific block. The four-hour time period was used as an initial reference to invite discussion. The time limit for parking and unloading could be changed to a limit of eight (8) or even twelve (12) hours but it has been reported that 48 hours is just too long. 7-3 02/19/2010 Page 68 of 146 Moab City Recorder's Office Moab Council PL-10-018 Ordinance 2010-02 Parking regulations February 1, 2010 Recommendation page 2 of 2 Staff recommends that this amendment to the traffic code be adopted. In addition to clarifying and updating this specific code section, the reduction in the allowed time to park and unload such vehicles on the street and additional enforcement tools will aid in maintaining streets that are cleaner and safer. Alternatives In its action, Council can: 1) Approve Ordinance #2010-02 as written; 2) Approve Ordinance #2010-02 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the ordinance in order to satisfy needs for additional information. p:\planning department\ 201Ihcorrespondence\p1-010-018 cc memo trailer parkign.docx 02/19/2010 Page 69 of 146 Moab City Recorder's Office RESOLUTION #06-2010 A RESOLUTION DECLARING DEFAULT WITH RESPECT TO THE HACIENDAS SUBDIVISION WHEREAS, the City of Moab approved the Haciendas Subdivision and an Official Plat was recorded on January 9, 2008 at Book 717, Page 544 ("Plat") of the Grand County land records; and WHEREAS, concurrent with the approval of the Plat, the City of Moab and Jared Rasmussen ("Developer") entered into a Subdivision Improvements Agreement ("SIA"), dated January 8, 2008 and providing for the construction of certain improvements pursuant to the approval of the Haciendas Subdivision; and WHEREAS, the Developer failed or refused to construct or complete all of the improvements as required by the SIA and development approvals. WHEREAS, the City issued a notice of violation to the Developer and has allowed a reasonable period of time in which to cure or abate the defaulting conditions under the SIA; and WHEREAS, the Developer has failed to cure or abate the defaulting conditions, request a hearing, or timely request an extension of time in which to complete the improvements; and WHEREAS, the Developer has submitted in writing a request to waive the cure period. NOW, THEREFORE, THE GOVERNING BODY OF THE CITY OF MOAB ENACTS AS FOLLOWS: 1. The City declares a default with respect to the Subdivision Improvements Agreement dated January 8, 2008. The Developer, its successors, and assigns shall have no further right or entitlement to develop in accordance with the SIA or any accompanying approvals, all of which shall be deemed void. 2. The Developer is hereby prohibited from conveying or otherwise transferring the following platted lots: 2a, 2b, 15a, 15b, 16a, 16b, according to the Haciendas Subdivision Phase 1. The preliminary plat, dated June 14, 2007 is hereby void and of no further effect. 3. Effective immediately, City staff is directed to cease issuance of any building permits with respect to the building lots described herein. 4. As permitted by § 11 of the SIA, City staff is hereby authorized to procure bids and/or quotes for the completion of the public improvements as may reasonably be 7-4 02/19/2010 Page 70 of 146 Moab City Recorder's Office necessary to serve the constructed portions of the subdivision, and to apply the performance guarantee posted by the Developer in satisfaction of all such costs. The City shall follow its normal purchasing procedures in securing contracts for the performance of said work. The City may, at its discretion, perform components of the required improvements and shall charge the City's standard rates for said work. The City may charge administrative and other costs deemed necessary in completing the required improvements or in applying other remedies for default. 5. Effective immediately, the City may exercise any other remedy for violation as provided for in the SIA, including, but not limited to action to enjoin or abate zoning violations and/or a recording of a lapse of plat, in whole or in part. 6. This Resolution shall be recorded in the Grand County land records. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 23rd day of February, A.D., 2010. David L. Sakrison Mayor ATTEST: Rachel Ellison City of Moab 7-4 02/19/2010 Page 71 of 146 Moab City Recorder's Office City of Moab Planning and Zoning Department Correspondence PLA0-020 February 16, 2010 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Approval of Council Resolution No. 06-2010 for the Default of the Subdivision Improvements Agreement for Phase I of The Haciendas Subdivision Discussion The preliminary plat of the Haciendas Subdivision and the conditional use permit for the twin homes were approved by the planning Commission on June 14, 2007. The final plat for Phase I was recorded with the Grand County Recorder's Office on January 1, 2008 and the Subdivision Improvements Agreement (SIA) was approved on January 8, 2008, and is on file in the City Recorder's Office (copy attached). A twin home dwelling was constructed on the first lot in Phase One and is the only dwelling constructed in accordance with the development plan. Curb and gutter in front of this unit are the only improvements that have been constructed in this phase and the twin home is still on temporary connections for water and sewer. Staff has been working with Desert Oaks, LLC, the developer of The Haciendas Subdivision, in an effort to bring to a close the ongoing issues for the completion of Phase I of the subdivision. Issues Currently, the developer is in default of the SIA because improvements were not completed in accordance with the agreement. An original dwelling that was supposed to be removed, still stands on the dedicated right-of-way for Bonita Street, a right-of-way that staff considers essential for utility extensions and access for future development. The full record of staff's efforts to bring Phase One toward completion with the SIA is on file in the Planning and Zoning Office. A brief summary of the incomplete items include, storm water management, infrastructure development, and meeting the landscaping and screening requirements for the conditional use permit. For subdivisions, the declaration of default is outlined in the SIA. Basically, the review for a default is described as when a developer (a) fails to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow 7-4 02/19/2010 Page 72 of 146 Moab City Recorder's Office Moab City Council PL-ID-02D February 17, 213I0 The Haciendas Default mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Developers are given a reasonable period of time "to cure" or complete the necessary improvements that does not exceed thirty days. The developers have declined to exercise the cure period. Recommendation Adoption of resolution No. 06-2010 is the first step in the city being authorized to utilize the escrow to complete the necessary improvements for Phase One and give validity to the constructed twin home. Resolution 06-2010 will bring the city, the developer, and the property owner a step closer to concluding the noncompliance issues that have lingered for some time. Staff recommends that Council approve the resolution that will serve as the declaration of default that will establish the next step in dealing with the plat and necessary improvements. p:\planning department\2010\correspondence \p1-10-020 cc haciendas default declare.docx Page 2 of 2 7-4 02/19/2010 Page 73 of 146 Moab City Recorder's Office CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN PL•10-010 January 12, 2010 Mr. Jared Rasmussen PO Box 353 Central, Arizona 85531 Todd John PO Box 245 Safford, Arizona 85548 Reference: Default of Haciendas Subdivision Improvements Agreement Dear Sirs: This letter is notice of the City's intention to pursue a declaration of default for the required improvements of The Haciendas Subdivision. You have been notified of the process in recent communication but should be reminded that the subdivision improvements agreement allows a thirty (30) day time period beginning January 11, 2010 and ending on February 10, 2010, to "cure" (complete) the required improvements. The basis for this declaration of default includes: 1. Failure to satisfy the Improvements Agreement by not completing the required infrastructure improvements for streets, sidewalks, utility extensions, etc., within the agreed time period of two (2) years; 2. Failure to complete the required conditions of access, screening and landscaping for the conditional use permit for the twin homes; 3. Violations of the adopted building code for a final inspection and issuance of a Certificate of Occupancy. If you wish to waive your right to "cure" within the thirty (30) day period to correct the violations, please indicate by submitting a signed letter as soon as possible. This statement should include the signatures of both Mr. Rasmussen and Mr. John. If you choose to waive the correction period, the city will initiate a partial vacation of the plat for The Haciendas Subdivision and undertake the process of determining a value for the cost of construction of the necessary improvements, for the purpose of completing the inmprovements. 7-4 02/19/2010 Page 74 of 146 Moab City Recorder's Office PL-10-010 The Haciendas Notice of Default January 12, 2010 Page 12 The immediately identifiable costs associated with this action include but may not be limited to: 1. The extensions of utilities and services such as gas, electric, and cable TV, 2. All costs associated with vacating portions of the plat including recording with the Grand County Recorder's Office; 3. Sewer and water extensions and replacement of UV damaged pipe; 4. Curb, gutter, and sidewalks for Mill Creek Drive 5. Curb, gutter, sidewalk, and paving of a portion of Bonita Street; 6. All costs associated with design and construction of the screening fence and landscaping for the two dwellings that have been constructed; 7. Administrative costs of ten (10) percent of all total expenditures. Once these costs have been generated, an amount equal to one hundred and fifty (150) percent shall be held by the City of Moab to complete the construction of all improvements. This amount will be drawn upon and applied to the costs of construction. As a matter of policy, a maintenance fee of ten (10) percent of the construction costs of the infrastructure will be retained by the City for a period not to exceed one year from the state of acceptance. If you have any questions, please contact us through the information located at the top of page one. Thank you for your attention. Sincerely, Jeff Reinhart, AICP Planning Director pAplanning department \2010\correspondence\pi-10-010 haciendas notice of default.docx 7-4 02/19/2010 Page 75 of 146 Moab City Recorder's Office 01/13/2010 Mr. Reinhart: Thank you for your response to our situation. Due to our obligations at work and school it will be very difficult to arrange a personal meeting, that having been said, if necessary at least one of us will arrange it somehow. I hope you understand that we have not abandoned efforts to fulfill our obligations to all involved in this project. We were very hopeful that the project could continue under new ownership; however the prospect recently evaporated for the entire project. We would like to waive the 30 day completion period and ask the city to allow us to modify the plat, through some acceptable procedure, using a portion of the escrow funds being held by the city to complete the existing building as directed by the city, clear any liens against the project and thus making them marketable. This would greatly improve our chances of making whole remaining local contractors and Ms. Victor. Thank You, Desert Oaks Development Todd John (76d4/j4Lv----- Jared Rasmussen 7-4 02/19/2010 Page 76 of 146 Moab City Recorder's Office Jeff Rienhart, Thank you for your e-mail 12/29/09 it was very informative. Referencing your email, Desert Oaks Developement wishes to vacate all of the original plat with the exception of lots lA and 1B, with there existing building. We understand the city will declare a Default of Plat following the expiration date of our Improvement agreement of January 9th 2010, and that a 30 day grace period to finish the improvements is granted. To expedite the completion of requirements for Units lA and 1B we would like to waive our 30 day grace period in order to give you and the council the green light to start the process of vacating the majority of the plat. Given the amount of money still in the escrow account we believe we would swiftly be able to bring Unit lA and 1B into compliance. Thank you for the work that has been done on our behalf. Desert Oaks Development LLC. Todd L John (Owner) Jared L Rasmussen (Owner) 7-4 02/19/2010 Page 77 of 146 Moab City Recorder's Office Contra SUBDIVISION IMPROVEMENTS AGREEMENT For Haciendas Subdivision, Phase 1 The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Jared Rasmussen (hereinafter "SUBDIVIDER") mutually referred to as the "Parties", do hereby enter into the following Agreement, pursuant to Moab Municipal Code (hereinafter: "City Code") Section 16.20, to cover the installation of subdivision improvements required by City Code (hereinafter: the "Required Improvements"). I. RECITALS. A. The City Planning Commission, as the land use authority for preliminary subdivision plat approval, after following all required procedures and meeting noticing requirements, approved a Preliminary Plat for the Haciendas Subdivision on June 14, 2007. B. The City Planning Commission, after following all required procedures and meeting notice requirements, recommended approval of the Final Plat for Phase I of the Haciendas Subdivision to the Moab City Council. C. The Moab City Council, as the land use authority for Subdivision Final Plat approval, approved the Final Plat for Phase I of the Haciendas Subdivision (hereafter "the Subdivision" or "the Plat") at its regular City Council meeting on October 9, 2007. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entit,;lgd Tilt HACIENDAS SUBDIVISION CONSTRUCTION DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets C1— C9 inclusive), having been prepared by Keogh Land Surveying and bearing the stamp of a licensed Professional Engineer (hereinafter: the "Construction Plans"). Said plans show in sufficient detail the Required Improvements for the Subdivision. E. The Construction Plans have been reviewed and approved subject to such modifications as may have been specified by each of the following entities: (i) The City Engineer with respect to site grading, pathway, street, and storm water drainage improvements, (ii) The (grand Water and Sewer Service Agency (GWSSA) with respect to public culinary water and sewer improvements. N 7-4 02/19/2010 Page 78 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 2 of 8 II. AGREEMENT IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Property. The real property subject to this Agreement (hereinafter; the "Property") is described as follows: LANDS LOCATED WITHIN SECTION 7, T 26 S, R 22 E, SALT LAKE MERIDIAN, GRAND COUNTY, UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER THAT BEARS N79°46'00"W 1667.34 FT. FROM THE EAST 1/a CORNER OF SAID SECTION 7, AND PROCEEDING THENCE N61 °03'E 388.84 FT. TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF LOT2B, HACIENDAS SUBDIVISION, THENCE N61 °03'E 220.83 FT., THENCE S28°32'00"E 277.70 FT., THENCE S65°49'00"W 252.90 FT., THENCE S23°33'00"E 131.89 FT., THENCE S66°2516"W 112.79 FT., THENCE ALONG THE ARC OF A 50.00 FT. RADIUS CURVE TO THE LEFT 15.06 FT. (SAID CURVE HAS A CHORD THAT BEARS N76°08'17"W 87.68 FT., THENCE N61 °02'30"E 106.00 FT., THENCE N28°57'30"W 144.60 FT., THENCE N61 °02'30"E 25.56 FT., THENCE N28°57'30"W 94.50 FT TO THE TRUE POINT OF BEGINNING AND CONTAINING 1.79 ACRES MORE OR LESS. 2. Phase I Required Improvements. SUBDIVIDER will make all improvements to the property shown on the Construction Plans that fall within the boundary of the Phase I plat as well as those improvements that fall outside of the Phase I boundary but are identified on the Construction Plans as Phase I improvements. Required Improvements shall include but not be limited to the following: (a) Site clearing and removal of obstructions (b) General site grading (c) Site utilities including but not limited to culinary water and sanitary sewer (d) Streets, curb & gutter, and sidewalks (e) Street striping and signage (fl Storm water drainage facilities (g) Non -motorized pathways (h) All landscaping, fencing, or other visual screening required as a condition of approval. 3. Improvements to be Completed in Conformance with Construction Plans. 7-4 02/19/2010 Page 79 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 3 of 8 Improvements shall be completed in conformance with the approved Construction Plans. All changes to the Construction Plans must be authorized in writing by the City Engineer. In addition, all improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, GWSSA's construction standards, and all state and federal regulations as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 4. Timeline for Completion. Construction of all Required Improvements for Property shall be completed within two years from the date of this agreement. A reasonable extension of time for the completion of improvements may be granted, at the discretion of the City Council, upon a showing by the SUBDIVIDER that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement. 5. Acceptance of Improvements, Warranty. All work shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. SUBDIVIDER or SUBDIVIDER's authorized representative shall provide 48 hours minimum notification to CITY or GWSSA as applicable when inspection by either entity is required. The costs associated with such testing and inspection shall be the responsibility of SUBDIVIDER. (a) Upon satisfactory completion of improvements as evidenced by inspection & testing as applicable, all water and sewer mains shall be dedicated to GWSSA and all street and public pathway improvements shall be dedicated to CITY. (b) SUBDIVIDER warrants that all public improvements dedicated to CITY shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by CITY. (i) SUBDIVIDER shall promptly repair or replace any defective work following receipt of written notice under this warranty from the CITY. (ii) SUBDIVIDER additionally warrants that all public improvements shall be delivered free and clear of any lien or encumbrance. 6. Performance Guaranty. Pursuant to City Code 16.20.060, SUBDIVIDER has elected to post a performance guaranty with CITY in lieu of completing all Required Improvements prior to recordation of the Plat. (a) Contemporaneous with the execution of this agreement, SUBDIVIDER shall place funds in escrow, for the use and benefit of CITY and/or any subcontractors, laborers, or suppliers providing labor or materials for construction of the Required Improvements. 7-4 02/19/2010 Page 80 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 4 of 8 (b) The escrow account shall be in an amount of two hundred eighteen thousand three hundred dollars ($218,300.00), a sum that is equal to one hundred fifty percent (150%) of the estimated cost of all Required Improvements as determined by the Subdivision Improvements Cost Worksheet attached hereto as Exhibit A. (c) The escrow account shall be held by the City Treasurer's Department. 7. Partial Releases of Escrow Funds. Upon partial completion of any of the Required Improvements listed as a separate line item in Exhibit A, such as curb & gutter by way of example, SUBDIVIDER may request a partial release of escrow funds. The amount of funds released shall not total more one hundred thirty percent (130%) of the estimated cost of the completed improvements determined in accordance with Exhibit A, less the sum of all prior releases. (a) In order for SUBDIVIDER to receive such partial disbursement, the following shall be presented to CITY: (i) A completed Escrow Partial Release Form supplied by CITY and signed by a professional engineer serving as agent for SUBDIVIDER (hereinafter: SUBDIVIDER's Engineer), (ii) Copies of all quality assurance test results/inspection reports required for the completed improvements, (iii) Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity, (iv) Copies of all bill of lading receipts for materials delivered to the site and not yet incorporated in the work for which a partial release is being requested. (b) The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. CITY may adjust amount of request if field inspection shows that quantities are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. (c) CITY shall process request within seven working days of receipt of a complete request application. 8. Final Release of Escrow Funds. Upon completion of all Required Improvements in accordance with the approved Construction Plans, SUBDIVIDER may request that the remainder of the Escrow Funds be released. (a) In order for SUBDIVIDER to receive final release, the following shall be presented to CITY: (i) A completed Escrow Final Release Form supplied by CITY and 7-4 02/19/2010 Page 81 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 5 of 8 signed by SUBDIVIDER. Said form shall include SUBDIVIDER's certification of warranty for the completed improvements. (ii) Copies lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work. (iii) Written certification by SUBDIVIDER that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements. (iv) Letter from GWSSA certifying their acceptance of the sewer and water improvements. (b) Upon acceptance of a complete request for final release, City Engineer and City Public Works Director shall verify that all Required Improvements are complete and in accordance with the approved Construction Plans and Final Plat. (c) Upon written certification from City Engineer that SUBDIVIDER has completed all of the required public and other subdivision improvements in accordance with this Agreement, and that there are not liens, encumbrances or other restrictions on the Improvements, and that such Improvements have been inspected and approved by the City Public Works Director and the City Engineer, the City Council shall execute a resolution verifying the acceptance of the Improvements and authorizing the Escrow Agent to disburse to the SUBDIVIDER all remaining funds in the escrow account. 9. CITY's Use of Performance Guaranty upon Default. Upon written certification by the City Manager that the SUBDIVIDER has failed to perform its obligations under this Agreement, within the time period set forth in this Agreement, and if the CITY intends to proceed with the task of installing any or all of the Required Improvements covered by this Agreement, the Escrow Agent shall then disburse Escrow Funds to the CITY or other payee authorized in writing by the CITY, in such amounts requested by the CITY. 10. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements as stipulated herein. 11. Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the CITY shall deliver written notice to the SUBDIVIDER describing the act, event, or omission constituting same, and allowing SUBDIVIDER a period of not less than thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. (a) Upon declaration of default the CITY may exercise any remedies for 7-4 02/19/2010 Page 82 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 6 of 8 violation available under City ordinances or Utah statutes, including, without limitation, proceeding against the payment or performance bonds; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; recording of a lapse of plat, in whole or in part; and any other remedies available at law or equity, including specific performance or injunctive relief. (b) The recording of a lapse of plat by the CITY shall result in the reversion of the approval of the subdivision. A lapse of plat shall terminate all previous approvals and result in the elimination of platted lots for the affected property. 12. General Provisions. This Agreement shall be binding on and inure to the benefit of ' the successors and assigns of SUBDIVIDER in the SUBDIVIDERship or development of all or any portion of the Property. Prior to assigning any or all of his rights and duties under this Agreement SUBDIVIDER shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. (a) This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. (b) Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. (c) The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the subdivision, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supercede all prior Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. (d) The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. (e) In any legal proceeding concerning the terms of this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. (f) This Agreement shall be governed by Utah law. 7-4 02/19/2010 Page 83 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 7 of 8 (g) This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (i) the Project is a private development; (ii) the CITY of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the CITY accepts the improvements pursuant to this Agreement; (iii) and except as otherwise provided herein, SUBDIVIDER shall have full power and exclusive control of the Property. (h) The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. (i) In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. (j) All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To SUBDIVIDER: Jared Rasmussen P.O. Box 435 Moab, Utah 85432 (k) Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. 7-4 02/19/2010 Page 84 of 146 Moab City Recorder's Office Haciendas Subdivision Phase 1 SIA Page 8 of 8 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by SUBDIVIDER as of the date(s) specified below. iviayor .uavicl L. Sakrison ATTEST: City Recorder SUBDIVIDER: Jared Rasmussen P Jared Rasmussen Date Date [ — --ai3 Date D7 —OF STATE OF UTAH )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me Me ((ssa J • gyrct- by JAV-f.d , this 'it` day of 3vmua , 20� Witness my hand and official seal. My commission expires: V vu4e 30 �1 Notary Public, S e of " ah Address: 217 E • Ceui-cr �+ fkkoa•bi B453Z, 7-4 02/19/2010 Page 85 of 146 Moab City Recorder's Office EXHIBIT A SUBDIVISION IMPROVEMENTS COST WORKSHEET PROJECT NAME: The Haciendas Subdivision PHASE #: Phase 1 DEVELOPER/OWNER: Jared Rasmussen REQUIRED IMPROVEMENTS Category Sub -category Item # Line item description Unit Unit Price Plan Quantity Item Cost SITEWORK MOBILIZATION 1 Freight equipment to site, set temporary facilities LS $ 5,000.00 0 $ - EARTHWORK 2 Cut & fill to achieve design grades CY $ 4.75 7,045 $ 33,464 UTILITIES WATER (GWSSA) 3 Install 8" dia. Water Main (complete) (material on site) LF $ 19.50 308 $ 6,006 4 Install 8" dia.Line Valves - cast iron (complete) (material EA $ 975.00 2 $ 1,950 5 Install Fire Hydrant (complete) EA $ 3,200.00 1 $ 3,200 6 Install temporary air pressure/vac relief (complete) EA $ 450.00 1 $ 450 7 Install 3/4" dia. Res. Service Connection (complete) LS $ 850.00 10 $ 8,500 SEWER (GWSSA) 8 Install 8" dia. Sewer Main - PVC SDR35 - (complete) LF $ 25.00 263 $ 6,575 9 Install 48" dia. Sewer Manhole (complete) EA $ 2,850.00 2 $ 5,700 10 Install 4" dia. Res. Sewer Service Line (complete) LS $ 300.00 9 $ 2,700 STREET IMPROVEMENTS CURB, GUTTER & SIDEWALK 11 Install 30" Modified Curb & Gutter per City Spec LF $ 20.00 452 $ 9,040 12 Install 4" thick Concrete Sidewalk per City Spec SF $ 3.30 2,260 $ 7,458 13 Construct Asphalt Pavement Section per City Spec SF $ 3.60 8,690 $ 31,284 FIRE ACCESS 14 Construct Temporary Tum-around (compacted gravel) SF $ 0.75 7,850 $ 5,888 SIGNAGE 15 Traffic signs (installed) EA $ 200.00 1 $ 200 STORM DRAINAGE STORM DRAINS 16 Install 15" dia. Storm Drain Pipe (complete) LF $ 28.00 270 $ 7,560_ 17 Install 12° dia. Storm Drain Pipe (complete) LF $ 26.50 393 $ 8,057 18 Install Concrete Catch Basin/Curb Inlet EA $ 3,000.00 2 $ 6,000 19 Install Underground Storm Drainage Detention LS $ 37,000.00 1 $ 37,000 CITY APPROVAL: if By: City Engineer Total Estimated Construction Cost Less cost of materials purchased and on site Subtotal Plus Required 50% contingency Total Amount of Financial Guaranty 1 07 06 ate Comments: 1. (DBS/010408) Worksheet revised to reflect work completed and materials on site at time of execution of SIA. $ 181,000 $ (35,434) $ 145,566 $ 72,783 $218,300 7-4 02/19/2010 j Page 86 of 146 Moab City Recorde1/7/2008 0', 0 I diM OANL77 / DB46LO.PEk. _ _ &RED IV9SA(14525iNV NIP/ MRCVS N.T. 410.4-O� WR8 5 i A PRELIMINARY PLAT & MASTER PLAN OF THE HACIENDAS SZ33E1I3IVISIC3N A RESIDENTIAL PLANNED UNIT DEVELOPMENT WITHIN SECTION 7, T 26 S, R 22 E, SLM, GRANO COUNTY, UTAH R k.7L � OU1i0 1'vN ra � M001 YU!AVM' GRAPHIC SCALE (rMS1 I PMI1 I p.01� NOTES:. I. SNOW iRY RENTALS, RENTAL OT 30 OATS OR MESS. ARE PROMPTED PI INS P.U.D. L INPRGMVQNM ALONG NU CRAM OeK TO R PURSUANT TO 4k01090U WRIDEQIAT AOIDINNT OUTLINED AREA WILL BE VACATED S LBGBND 4;bODVERNNENT HARKER. F4MD m SEAR NANNOLE - •• OUSTING WATER LDIE - EXISTING SLYER LOD V PROMISE/ WATER LOD PROPOSED SEVER LINE SD -- PROPOSED STORM OIAP LINE Z( ram WI:PANT ABLE GUNK'ICN01111 RADOSI �•TAK. pecee+i O1g01101010 mama CI 15331 11600 SPIR'3Y j p.N 114847 I SSE'SY+YE UNIT LAYOUT (TYI'/ ss• sr R.0.4 R.0.111. OR• z SWC. +ts' u.s• IL0.r -,rpT MN *VW NESTED BASE COURSE 01,014AR BOMOR CHANDLER BLVD. SECTION 110A1 OTY LOCAL ROAD AYAWAr1 s0• 3A• NOT ME AMPLY IM IKA= BASE DIMS( GRANULAR DOROM SHAWNEE LANE SECTION NOK OTT LOCAL ROAD STANDARD TING [N4P0 CONC. SICSRAN LOMA= BASE COURSE STD. I10DP00 LLNE R NATTER (TM. ODIN SIRS) RAM EAsANG MOM° COME 30011A/1 ,rcD VASE COURSE STD. NmPID CMS R OUTTEN (TM. BORN SIDES) CP NAN 114E VIM FVPUTATEe Lie R11/ ILNM RECESSES AREA f.731 CO. FT. RECESSES VD - CLEAN OF SIMNEL PIR• )cAT PVC PE AT !1• D.0. SD RETENTION CHAMBER — SECTION DETAIL DEVELOPMENT STIPULATIONS PRIMARY USE TIN-1140 RL710RRA. ZONE R-2 PROPOSED =TOL ACNEA[E OW ACRES NINMW SAT MEE VDU S0. FT. 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WHEREAS, the City of Moab approved the Portal Park Subdivision Planned Unit Development and an Official Plat was recorded on April 3, 2001 at Book 560, Page 169 ("Plat') of the Grand County land records, and an Amended Plat was recorded on September 22, 2004 at Book 632, Page 47 ("Amended Plat'); and WHEREAS, concurrent with the approval of the Plat the City of Moab and Portal Park LLC ("Developer") entered into an Improvements Agreement ("IA"), dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records, and providing for the construction of certain improvements pursuant to the approval of the Portal Park Subdivision; and WHEREAS, the Developer failed or refused to construct or complete all of the improvements as required by the IA and development approvals; and WHEREAS, the City has issued a notice of violation to the Developer and has allowed a reasonable period of time in which to cure or abate the defaulting conditions under the IA; and WHEREAS, the Developer has failed to cure or abate the defaulting conditions or to request a hearing or extension of time from the City; NOW, THEREFORE, THE GOVERNING BODY OF THE CITY OF MOAB ENACTS AS FOLLOWS: 1. Pursuant to § 17.66.200 of the Moab Municipal Code, the City declares a default with respect to the Improvements Agreement dated August 27, 2002, recorded at Book 586, Page 228, et seq. of the Grand County land records. The Developer, its successors, and assigns shall have no further right or entitlement to develop in accordance with the IA or any accompanying approvals, which shall be deemed void. 2. The Developer is hereby prohibited from conveying or otherwise transferring the following platted lots: 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, according to the Portal Vista Subdivision Amended Plat. 3. Effective immediately, City staff is directed to cease issuance of any building permits with respect to the building lots described herein. 02/19/2010 Page 89 of 146 Moab City Recorder's 0, 4. Effective immediately, the City may exercise any other remedy for violation as provided for in the IA, including, but not limited to action to enjoin or abate zoning violations and/or a recording of a lapse of plat, in whole or in part. 5. This Resolution shall be recorded in the Grand County land records. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 23rd day of February, A.D., 2010. ATTEST: Rachel Ellison City of Moab David L. Sakrison Mayor 02/19/2010 Page 90 of 146 Moab City Recorder's City of Moab Planning and Zoning Department Correspondence February 16, 2010 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Approval of Council Resolution No. 07-2010 for the Default of the Subdivision Improvements Agreement for the Remainder of Portal Vista PUD Discussion Staff provided Council with an update for this issue on November 19, 2009 in anticipation that the developer of Portal Vista PUD, would not respond to staff's communication. At the time, staff had been attempting to work with Portal Park, LLC, the developer of Portal Vista Planned Unit Development, in an effort to correct deficiencies and complete the developed portions of the subdivision. There have been difficulties in reaching agreements with the developer and many of the corrective efforts have resulted in the developer providing less than what is required by the code or the approved site plan. Portal Park, LLC is comprised of Tom Shellenberger, Roger Knight, and Christoph Schork. Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45 single family home sites, several areas of open space were set aside. These areas were intended to be developed with landscaping for use by the residents and be connected by a simple trail system. The attached plat shows the lot layout with the proposed undeveloped areas and the private street system. The development occurred from north to south with the final portion containing lots 12-25 and open space Parcels E, F, and H (D on some plats) remaining undeveloped. The Improvements Agreement (IA) was approved on August 28, 2002, and is on file in the County Recorder's Office (copy attached). Issues Currently, the developer is in default of the IA because improvements were not completed in accordance with the agreement or the development plan. To date, failure to complete the construction of all project improvements by August 1, 2004 as agreed in Article 3.1 of the Improvements Agreement included but was not limited to: 7-5 02/19/2010 Page 91 of 146 Moab City Recorder Moab City Council PL-10-021 February 17, 2010 Portal Vista PM • Completion of the landscaping as per the submitted and approved plan in all portions of the development. • Appropriate construction of the trail and inspection/approval of the construction methods used. • Recording of a conservation easement for the open space parcels as indicated on the approved plat. • While efforts to address the storm water drainage on the south end of the project appear to have been completed, the storm water issue on the north side has not been adequately addressed. It is obvious some effort was made in the early stages of development to mitigate storm flows with a drop inlet and PVC drain pipe that extends to the south. The full record of staff's communications and efforts with the developer to bring the development into compliance with the approved documents is on file in the Planning and Zoning Office. The deadline for completion of the outstanding improvements was December 3, 2009. Code Chapter 17.66.200 establishes the grounds for a declaration of default and recording of an affidavit of a lapse of the improvements agreement as well as termination of the approval of the project. Recommendation Council's adoption of Resolution No. 07-2010 will bring the city, the developer, and the property owners a step closer to concluding the lingering issues. Staff recommends that Council approve the resolution that will serve as the declaration of default that will establish the next step in dealing with the plat. p:\planning department\HID \correspondence\p1-10-021 cc portal vista default declare memo.docx Page 2 of 2 7-5 02/19/2010 Page 92 of 146 Moab City Recorder's CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAx (435) 259-0600 May 1, 2009 Mr. Tom Shellenberger Moab Premier Properties 9 North Main Street Moab, Utah 84532 Dear Mr. Shellenberger, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN Reference: Portal Vista (Portal Park) Phases One and Two Development Requirements Thank you for your response to staff letter PL-09-018, copy attached, dated February 19, 2009. This letter addresses your responses in your letter dated March 4, 2009, and serves as notice of the violations of the Moab Municipal Code. 1. City staff does not design the drainages for the developer but will review your submittals for this item. Submitting the plans for approval is part of the subdivision site plan requirements of Code Chapter 16.20.030 Stormwater drainage. Because the existing construction has not been accepted by the city, you are in violation of this code section. "A stormwater drainage system subject to review by the city engineer and the approval of the public works director and city planner, shall be required by the city and be the responsibility of the project applicant. The system shall be separate and independent of the sanitary sewer system. The plans for the drainage system shall be prepared by a licensed engineer. The costs associated for this study shall be the sole responsibility of the project applicant. " 2. Trail system. You agreed to construct the approved trail through the second phase in the spring, "sometime in March or April", and yet no activity has been noticed on the property. Not completing the trail is in violation of the Improvements Agreement and puts you in violation of Code Section 17.66.200, Default, as well as 2.1 of the Improvements Agreement. "Developers who: (a) fail to timely complete required improvements; (b) fail to complete construction in a workmanlike manner; (c) allow mechanic's liens to attach to improvements; or (d) otherwise fail to comply with the improvements agreement shall be issued a notice of violation and informed of their default under the improvements agreement and guarantee. Each such developer shall be given a reasonable period of 7-5 02/19/2010 Page 93 of 146 Moab City Recorder's i time, not to exceed thirty days, in which to cure any noncompliance with the improvements agreement. A developer contesting a notice of violation may request a hearing before the city council by submitting a written request no later than ten days from the issuance of the notice of violation. Any action to forfeit the bond or collateral shall be stayed until completion of the hearing. 1. Default of any portion of the improvements agreement will result in the city recording an affidavit of lapse of improvements agreement. Thereafter, the developer shall be enjoined from any conveyance or transfer of platted lots, no further building permits will be issued, and a certificate of zoning compliance will not be issued for any structures completed to that date. In addition, the city may, at its option, complete all or a portion of the remaining improvements required by the agreement or solicit bids for the completion of all such improvements. In such case the city shall be entitled to recover from the developer, the surety, and the holder of the collateral sufficient sums to cover all costs of construction, including incidental costs, and reasonable attorney fees." You were given ninety (90) days in which to complete the trail improvements. 3. Landscaping. City staff retrieved a copy of the recorded Improvements Agreement from the county as agreed and the "Exhibit A" attached to the document was the final plat as referenced in the Improvements Agreement. There is little detail on the plat, however, the Improvements Agreement specifically states that, "Owner will develop the Property in conformity with the final plat/plan... and all other attachments deposited with the City." Staff has located two variations of a landscaping plan. You previously reviewed the first and denied that it was the approved plan. The letter dated February 19, specifically requests that you provide staff with a copy of your landscaping plan as approved by the city but nothing has been submitted as of the date of this letter. Staff can only assume then that a plan attached to the official record of the Planning Commission agenda packet from July 27, 2000, is the plan approved for your development. I have included this plan for your convenience and review. This plan shows the trail and landscaping and all landscaping should have adhered to this approved plan. Staff has not been able to locate any record of city approval for any completed landscaping for compliance with the approved planned unit development. If this is an oversight on our part, we would appreciate any documentation that you can provide. 4. Conservation agreement. For your convenience, I have attached a draft of the conservation easement that includes a lift station as a permitted use. However, the specific location of the station is not clear and needs to be identified in this document. Weeds are a separate issue from the development and are required to be perpetually controlled as required under Code Chapter 8.08.060, Weed abatement. The affected area is the proposed undeveloped phase three of the development. "No owner, agent, occupant or person in control of any lot within the city shall allow or maintain weeds or rank vegetable growth which exhale unpleasant and noxious odors or which attract insects, create fire hazards or conceal deposits of Nth. Any such condition is declared to be a nuisance and dangerous to the healt 7-5 02/19/2010 Page 94 of 146 Moab City Recorder's i Tam Shellenberger Portal Vista PUD 192 May I, 2009 of the inhabitants of the city, and the same shall be abated in accordance with the provisions of this chapter." In response to your final comments we appreciate your cooperation to resolve these issues for your development. Certainly, the higher density due to the smaller lots as allowed on this property through the Planned Unit Development allowed you to create an "affordable" and not a "high end subdivision". I can assure you that the very minimal requirements placed on the development and the fact that the city allowed you to continue with your project without posting a proper performance guarantee for the improvements as required by Chapter 17.66, worked toward your benefit as well as to the residents. Again, please note that resolution of the issues will be best handled by contacting the appropriate departments as elaborated in our first letter to you dated September 23, 2008. Trails are best discussed with the Director of Community Development, David Olsen; drainage issues with Dan Stenta, City Engineer and/or Brent Williams, Director of Public Works; weeds with the Zoning Administrator, Sommar Johnson; and the new plat and conservation easement agreement with planning staff. Please be aware that the Code has specific penalties for non-compliance with the provisions for development and for noncompliance with the improvements agreement. Some of those are listed in the above -referenced code Chapter 17.66.200 as well as in Chapter 17.75.020, Violation -Penalty, that reads, "Any firm, corporation, person or persons violating any of the provisions of this title shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than five hundred dollars. Each person, persons; firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued or permitted by such person, persons, firm or corporation, and shall be punished as provided by this title." The City hopes for a rapid and uneventful conclusion to these issues so that no further action will be required by the City. If you have any questions, please feel free to contact the Planning Department. Sincere! kpi75 Jeff Reinhart, AICP Planning Director C: Donna Metzler, City Manager Sommar Johnson, Zoning Administrator Dan Stenta, City Engineer Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney PAPIAIINING DEPARTIMEIIT\20D9\Correspondence\P1-09-055 portal vista 37 02/19/2010 Page 95 of 146 Moab City Recorder's CITY OF MOAB PLANNING DEPARTMENT 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAX (435) 259-0600 October 22, 2009 Mr. Roger Knight 3517 S West Temple Salt lake City, UT 84115 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Sirs, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN Pros-i47 Certified Mail #70031680 0002 0092 7070 On September 30, 2008, a letter was sent to Mr. Tom Shellenberger as a responsible partner in Portal Park, LLC and the development of Portal Vista Planned Unit Development. That letter served as notification of various deficiencies in the completion of Portal Vista PUD and established specific deadlines for the completion of those identified inadequacies. As you are aware, subsequent to the September letter, additional notices have been mailed to Portal Park, LLC, and individually to Messrs. Shellenberger, Schork, and Knight in an effort to further define the remaining deficiencies and provide time frames for the attention of the LLC to correct the outstanding matters. These letters stated the specific code sections that had not been met as well as the possible penalties for noncompliance. The effect of the reluctance of the partners to individually or collectively adhere to the improvements agreement and other approvals and areas of the Moab Municipal Code and orders by city officials has forced the city to consider the alternative of a Declaration of Default for the development and initiate a lapse of plat. Upon declaration of default, the City may exercise any remedies for violation available under municipal ordinances or Utah statutes. These remedies include but are not limited to proceeding against performance bonds; withholding building permits or certificates of occupancy/zoning compliance; an action to enjoin or abate zoning violations; record a lapse of plat, in whole or in part; and any other remedies available at law or equity including specific performance or injunctive relief. Recording a lapse of plat would result in the reversion of the zoning for the lands affected to that in existence prior to approval of the PUD and would terminate all previous approvals and result in the elimination of platted lots. The underlying zoning is R-4 and upon declaration of default the rules and regulations for that zone would be in effect. Any future proposed development will be required to comply with the code requirements for approval of an application for preliminary and final plat. Please understand that you have a time period of not less than thirty (30) days from receipt of this letter to cure or abate the violations. Cure within that period of time shall reinstate the Improvements Agreement. "Cure" means completion with city approval of all outstanding items. -5 02/19/2010 Page 96 of 146 Moab City Recorder's Office I? To date, failure to complete the construction of all project improvements by August 1, 2004 as agreed in Article 3.1of the Improvements Agreement includes but is not limited to the following. • Completion of the landscaping as per the submitted and approved plan in all portions of the development. The referenced plan is the submitted drawing titled "Portal Park P.U.D."dated June 2000, that was originally submitted with the application in a booklet titled "Portal Park, Planned Unit Development". Mr. Shellenberger is listed under "Parties to the Planning of Portal Park PUD" as "realtor/consultant", and should be familiar with this submitted preliminary plan that indicates the proposed landscaping for the development. This plan must be adhered to or a new plan submitted that has sufficient detail to meet Code Chapter 17.66.150 showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems. This change in the plan is required to be reviewed and approved by the planning commission and the city council. As noted in previous correspondence, the information submitted on or about August 14, 2009, does not provide sufficient detail to meet code chapters 17.06.020, Definitions, and 17.66.150, Final plan and approval, subsection E. The trail location should also be shown in the landscaping plan and a drawing provided that shows a cross section of the trail construction. This trail has not been approved by the Community Development Director as required. The plan must be submitted for approval by the city in a timely manner so that all plantings and other portions of the landscaping can be completed within thirty (30) days. • The Conservation Easement has been deemed null and void as presented to the recorder's office for Grand County. It appears that the LLC for which Mr. Shellenberger signed, no longer exists and this issue now needs to be worked out with the Home Owners Association and must be recorded within the thirty (30) day time period. • While efforts to address the storm water drainage on the south end of the project appear to have been completed, the storm water issue on the north side has not been adequately addressed. It is obvious some effort was made in the early stages of development to mitigate storm flows with a drop inlet and PVC drain pipe that extends to the south. Changes in elevation do not provide adequate flow for the piped water to continue into the subterranean drain system and the structure needs to be corrected. Stamped engineered plans must accompany the proposed alterations for this area and submitted in a timely fashion so that the corrections can be completed within thirty (30) days. Basis for default is contained in the Improvements Agreement and the pertinent code sections and both are attached for your convenience and review. As a reminder, these items must be completed within the time frame of thirty (30) days. Thank you for your attention to this matter. Sincerely, 9.itY /cde7) c: (w/out attachments) Donna Metzler, City Manager Sommar Johnson, Planning Assistant/Zoning Administrator Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attomey Happy Morgan, City Prosecutor Jeff Reinhart, AICP Planning Director p:\planning department\2009\correspondence \p1-09-147 F7 02/19/2010 Page 97 of 146 Moab City Recorder's __ CITY OF MOAB PLANNING DEPARTMENT 2 1 7 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5129 FAX (435) 259-0600 November 19, 2009 Mr. Roger Knight 3517 S West Temple Salt lake City, UT 84115 Mr. Tom Shellenberger Mr. Christoph Schork Portal Park LLC PO Box 92 Moab, UT 84532 Dear Sirs, MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN PL-U9157 On October 22, 2009, a certified letter (PL-09-147) was sent to the above listed representatives of the Portal Park LC. The letter was received on November 3, 2009, by you or your representative and served as notification of various deficiencies in the completion of Portal Vista PUD and established specific deadlines for the completion of the identified inadequacies. In the information that was conveyed to you, a portion of the highlighted code section 17.66.200, Default, established a deadline for appeals of ten (10) days from receipt of the letter. The requirement was to have applied in writing for a request to a hearing before Council to state your position on the PUD. Friday, November 13, 2009, was the final day to apply for the appeal before Council. A lack of correspondence from you indicates that you are willing to move forward to completion of the required elements for Portal Vista PUD. Please be advised that you have until December 3, 2009 to complete the recording of the conservation easement, the landscaping in accordance with the approved plan, the agreed improvements of the Improvements Agreement, and the drainage issues to the satisfaction of city engineering and public works staff. Thank you for your attention. c: Donna Metzler, City Manager Sommar Johnson, Planning Assistant/Zoning Administrator Brent Williams, Public Works Director David Olsen, Community Development Director Chris McAnany, City Attorney Happy Morgan, City Prosecutor Since, 94/ Jeff Reinhart, AICP Planning Director p:\planning department\2009\correspondence\p1-09-147 portal v sta 7-5 02/19/2010 Page 98 of 146 Moab City Recorder's C M� W $ O4324 m 3208' 01=-P W0037 014011A029 st2N TiRRIIL W. JOHNSTON MOWER D JOHNSTON 0140E4032 28231 $ JEFFREYSCLIPP Ol WIN O PARCEL D 11531 S.F. b R� a s 1Ss • I2 N Sr43'SP W 01-POR0013 27M J001141Y. 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OUTLINED AREA IS UNDEVELOPE yj18B 369'M'29•2 24 01 n woow dA 21 4' 014011,0063 226N a6N 1W WIDE UTEJ 'Y BMW 51iACi[ WOE OF LOT UNE 7-5 70.OS 02/19/2010 + sa4r 661r 4ev Moab City Recorder's i IMPROVEMENTS AGREEMENT The CITY OF NIOAB, a Utah municipality ("City"), and PORTAL PARK, LLC, a Utah limited liability company ("Owner") have entered into the following Agreement pursuant to the Moab Municipal Code § 17.66.010, et seq., to secure performance and the installation of improvements as required as a condition for approval of the Portal Park Subdivision Planned Unit Development ("PUD"). For valuable consideration, the sufficiency of which both parties acknowledge, the parties agree as follows: 1.1 Covered Property. The real property subject to this Agreement ("Property") is as follows: beginning at the NE corner of the NW 1/4 NE 1/4 of Section 2, T26S, R21E, SLBM, and running thence S 1320 feet W 20 rods, N 1170 feet, E 50 feet, N 25 feet, E 10 feet, E 270 feet to the point of beginning, all in the County of Grand, State of Utah. ` 2.1 Required Improvements. Owner will develop the Property in conformity with the final plat/plan attached as Exhibit "A." Owner hereby agrees to comply with all conditions placed upon the approval as specified before the Moab City Council and agrees to construct and install all improvements, including curb, gutter. streets, utilities, drainage impruverncilL;, and landscaping as further specified in the engineering plan drawings, Exhibit A, and all other attachments deposited with the City. The following improvements are required: a. An 8" looped water line to connect the City line on Bartlett Ave with the City line in Fourth North. b. An 8" sewer line to replace the existing City sewer line. c. Rolled curb and gutter and S foot wide sidewalk from the western entrance to Grand Oasis to western boundary of the Property adjacent to Fourth North. d. Storm drainage and detention basin as specified in the Site Plan. e. a five foot high field fence along the west and south boundaries of the Property. f. Irrigation to all landscaping and open space. g• 02/19/2010 Paved roads throughout as specified in the Site Plan. 1 Page 100 of 146 Date 8 SEF 2002 115 0� Fee: No Fee Cash MERLENE MOSHER, Recorde Filed By MM For MOAB CITY GRAND COUNTYmppIO 5 02/19/2010 h. All other improvements specified by Council or in the construction plans. 3.1 Phasing of Construction. Except as provided in subsection a. below, construction of all project improvements shall be completed no later than August 1, 2004. A reasonable extension of time for the completion of improvements may be granted. in the discretion of the City Council, upon a showing by the Owner that there is good cause for an extension and that the work has been diligently prosecuted from the date of this Agreement. The Project shall be constructed in three phases as follows: a. Phase One improvements shall include all improvements necessary for the use and occupancy of Blocks 1 and 2 and lots 1 through 6 of Block 4, together with all buffer fencing along the west boundary of the Property, and the storm water overflow culvert between Phase Two and the South boundary- of the Property. Phase One improvements shall be completed by December 31, 2002. b. Phase Two improvements shall include all improvements necessary for use and occupancy of Block 3 and lots 6-11 of Block 4 of the Project. c. Phase Three improvements shall include all improvements necessary for the use and occupancy of Block 4, the south boundary fence. all remaining storm water improvements, and all other required improvements. 4.1 Acceptance of Improvements. Warranty. All improvements, including streets fire hydrants, curbs, gutters, sidewalks, water and sewer pipelines, and landscaping shall be constructed in a workmanlike manner and in conformity with approved plans and City specifications. All such improvements are subject to inspection by the Public Works Director prior to completion. Water and sewer improvements to be dedicated to the City ("Public Improvements") shall be inspected and tested prior to acceptance. Upon acceptance title to Public Improvements will vest in the City. 4.2 The Owner warrants that all Public Improvements dedicated to the City shall be constructed in a workmanlike manner and in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Owner shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City, v 4.3 All Public Improvements shall be delivered free and clear of any lien or encumbrance. Prior to commencing construction of improvements for Page 101 of 146 E 458173 B 05i7 Moab City Recorder's -5 each phase the owner shall post a payment and performance bond, in a form acceptable to the City's legal counsel, for the use and benefit of the City and/or any subcontractors, laborers, oL materialmen providing labor or materials for that phase of construction. The bonds shall be in an amount of not less than one hundred twenty rive percent (125%) of the estimated cost of all improvements and Public Improvements to be constructed in that phase. Owner and City staff shall jointly approve the estimated cost of improvements for each phase prior to the commencement of construction. 5•1 Zoning, Compliance Building perits for construction on indivual the Property' shall only issue upon satisfactory actory completion and a cept lots within e of all improvements and Public Improvements for each phase of construction. Owner shall not sell, convey. exchan`_e. or otherwise transfer title to any individual lots for a particular phase of development within the Property until such time as all improvements and Public Improvements for that phase are completed and accepted by the City, and all other provisions of this Agreement are complied with. Any sale or transfer in violation of this section is a material breach o Agreement. r the 6.1 Default. Remedies. Lapse of Plat. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver «ritten notice to the Owner describing the act, event, or omission constituting same, and allowing Owner a period of not less than thirty (;p) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. 62 Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes. including, without limitation. proceeding against the payment or performance bonds: 1,vithholding building permits or certificates of occupancykoning compliance; an action to enjoin or abate zoning violations; recording of lapse of plat, in whole o: in part; and any: other remedies available at law or equity, including specific performance or injunctive relief. 6•3 The recording of a lapse of plat by the City shall result in the reversion of the zoning for the lands affected to that in existence prior to approval of the PUD. A lapse of plat shall terminate all previous approvals and result the elimination of platted lots for the affected property. 7.1 General Provisions. This Agreement shall be binding on and i of the successors and assigns of Owner in the o Wore to the benefit wnershi any portion of the Property. prior to assigning p or development of all or any or all of his rights and duties 3 02/19/2010 Page 102 of 146 E 45817'3 6 0584 Moab City Recorder's Office under this Agreement Owner shall obtain from any transferee a written assumption acknowledging and agreeing to be bound by this Agreement. 7.? This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. 7.3 Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. 7.4 The term "Agreement.' includes this Improvements Agreement, the Final Plat/Plan for the PUD, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supercede all prior Agreements or representations, however evidenced. No modifications to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. 7.5 The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties stipulate to venue in the Seventh Judicial District Court, Grand County, Utah. In any such proceeding the parties waive trial to a jury on all claims and agree that the action shall be tried to the court. 7.6 In any legal proceeding concerning the terms of this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. 7.7 This Agreement shall be governed by Utah law. 7.8 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) the Project is a private development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) except as otherwise provided herein, Owner shall have full power and exclusive control of the Property. 7.9 The provisions of this Agreement are severable, and if any portion should be held to be void or unenforceable, then the remainder of this Agreement 4 02/19/2010 Page 103 of 146 E458173 805E Moab City Recorder': shall be construed to be in full force without reference to the invalid provision. 7.10 In the event of any legal dispute concerning this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. 7.11 All notices under this Agreement be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: To the City of Moab: City of Moab 115 West 200 South Moab, Utah 84532 Attn: City Manager To Owner: Roger Knight 3517 South West Temple Salt Lake City, Utah 84 115 Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. 7.12 This Agreement shall be recorded in the Grand County land records until such time as all provisions are performed, following which the City shall record a notice of termination. IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Portal Park, LLC as of the date(s) specified below. 5 02/19/2010 Page 104 of 146 E 458173 B 45 Moab City Recorder's Office T,,ESt: icy Rider. -4 .,r,; • i .... • ., ivo6-14,1park; LLC Acknowledgment STATE OF UTA�H ) COUNTY OF\_ �F'0�)s.s e ` Ai— G Date Date The foregoing agreement was executed before me by Portal Park, LLC, Roger M. Knight, Nfanager, this A5';IL day of aQ 1/34- , 2002. Witness my hand and official seal. My commission expires: Olka / 2000 LORI K. MCDONNELL NOTARY PUBUC - STATE OF UTAM 3517 S. WEST TEMPLE SALT LAKE CITY. UT 64115 My Conn. Exp. 04/11/2006 02/19/2010 6 Page 105 of 146 7. 5 E 458173 B o586 P 23a Moab City Recorder's Office CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: From: Donna Metzler, City Manager Cak--- Date: February 18, 2010 Subject: Change Order #2 and Fast Corporation Purchase Contract MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS SARAH BAUMAN GREGG W. STUCKI ROB SWEETEN Honorable Mayor and City Council As we have discussed, I have been negotiating with Hogan Construction and Fast Corporation to provide for the direct purchase of the outdoor slide for the Aquatic Center. Direct purchase will save the City about $2400 in sales tax and will allow the City to have more control over the design of the slide. The slide will be custom-made. This is essentially the same arrangement we made with Hogan and CEM for the purchase of the Myrtha swimming pool system. Change Order #2 to the Hogan CMAR contract is a deductive change order in the amount of $32,048.40. This is the cost of the outdoor custom-built slide as provided for in the construction documents for the Recreation and Aquatic Center. Please note that Change Order #2 is accompanied by "Additional Provisions Applicable to Change Order #2". This document provides additional protection of the City to ensure that Hogan's Performance Bond will still cover the delivery and installation of the outdoor slide, for the full amount of the original GMP (Guaranteed Maximum Price), regardless of the deductive change order. "Additional Provisions" also provides for other protections and to clarify Hogan's responsibilities with respect to this component of the project. These provisions are essentially identical to those attached to Change Order #1 for the Myrtha Swimming Pools. The contract between Fast Corporation and the City provides for the terms and conditions of the purchase of the outdoor slide. Please note that approval of the Fast Corporation contract constitutes an exception to the City's purchasing procedure that requires that the City seek competitive bids. As with the pool contract, although this is technically an exception, please note that Hogan Construction did engage in a very public and competitive bidding process such that all qualified companies had ample opportunity to bid on every component of the project, the slide included. That said, the slide under consideration is a custom-built slide for which Hogan only received one bid. Both documents have been reviewed by the relevant parties. Since we are using essentially the same format and language for this change order and purchase contract as we did for Change Order #1 and the CEM pool contract, there was no need for the documents to undergo additional legal review. We have made sure that all warranties, bonds, insurance, payments schedules and other instruments and procedures have been constructed in the best interest of the City. I recommend approval of Change Order #2, the Fast Corporation Contract, along with the exception to the purchasing procedures. ADM-MEM-10-02-002 7-6 02/19/2010 Page 106 of 146 Moab City Recorder's Of;..... AIA Document G7011CMa" -1992 Change Order - Construction Manager -Adviser Edition PROJECT (Name and address): Grand County Recreation & Aquatic Center Moab, UT 84532 TO CONTRACTOR (Name and address): Hogan & Associates Construction, Inc. 940 North 1250 West Centerville, UT 84014 CHANGE ORDER NUMBER: 002 INITIATION DATE: 1: 13 2010 PROJECT NUMBERS: CONTRACT DATE: 12/15/09 CONTRACT FOR: General Construction OWNER: ❑ CONSTRUCTION MANAGER: ❑ ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: 1. Credit for Rock Island Slide - See PCO #4 attached - $32,098.40 The original Contract Sum was $ 6,485,000.00 Net change by previously authorized Change Orders $-1,083,913.00 The Contract Sum prior to this Change Order was $ 5,401,087.00 The Contract Sum will be decreased by this Change Order in the amount of $ 32,098.40 The new Contract Sum including this Change Order will be $ 5,368,988.60 The Contract Time will be unchanged by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is 2/8/2011. NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR. Hogan & Associates Construction, Inc. CONSTRUCTION MANAGER (Firm name) 940 North 1250 West Centerville, UT 84014 ADDRESS BY (Sign re) t ker (Typed name) tp✓1 DATE: EDA Architects, Inc. ARCHITECT (Firm name) 111 East Broadway, Suite 200, Salt Lake City, UT 84111 ADDRESS �!'BY ig nature) (Typed name)E: l getw e City of Moab CONTRACTOR (Firm name) OWNER (Firm name) 217 East Center St., Moab, UT 84532 ADDRESS ADDRESS BY (Signature) BY (Signature) ('Typed name) DATE: (Typed name) DATE: MA Document G701/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Doc ----"- protected by U.S Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA° Document, or any po result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law This document was pr software at 15:35:52 on 01/13/2010 under Order No.1000385019_1 which expires on 03/25/2010, and is not for resale. User Notes: (: 02/19/2010 Page 107 of 146 Moab City Recorder's HOGAN & ASSOCIATES CONSTRUCTION 940 North 1250 West Centerville, Utah 84014 (801) 951.7000 (801) 951.7100 fax www.hoganconstruction.com To: Ralph Nagasawa EDA Architects, Inc. 111 East Broadway, Suite 200 Salt Lake City, UT 84111 Ph:(801)531-7600 Fax:(801)363-3149 Description: Credit for Rock Island Slide Proposed Change Order Number: 4 Date: 1 /13/10 Job: 00.09.319 Grand County Rec Center We are pleased to offer the following pricing for work associated with the following change(s): Credit for Rock Island Slide CEM through their installation contract with Hogan, will be responsible to receive, inventory, install and warranty the Rock Island Slide supplied by the Owner. Work performed by subcontractors: Description Subcontractor Price Credit for Rock Island Slide CEM Aquatics $-32,098.40 Subcontractor Subtotal: $-32,098.40 Subtotal: $-32,098.40 Total: $-32,098.40 Subsequent to your review and approval, please indicate your approval by signature below. If you have any questions, please contact me at 801-951-7000. Submitted by: Mike Hogan Hogan & Assoc Construction Cc: Approved by: Approved by: Date: Date: 7-6 02/19/2010 Page 108 of 146 Moab City Recorder's Office ADDITIONAL PROVISIONS APPLICABLE TO CHANGE ORDER NO. 2 Grand County Recreation and Aquatic Center In addition to the deductive change in the amount of $32,098.40 associated with the City of Moab contracting directly with FAST CORPORATION for the purchase of a custom- built fiberglass slide ("Slide Contract"), the parties, Hogan and Associates Construction ("CMAR), and City of Moab ("Owner") agree to the following: 1. The parties agree that the Slide Contract between the Owner and FAST CORPORATION for the fabrication of a custom-built outdoor slide is a long lead time item, as contemplated by § 2.1.7 of the A-121 agreement between Owner and CMAR. CMAR shall retain its duty to exercise oversight, control, and responsibility for the performance by FAST CORPORATION, as provided under the Contract Documents prior to the execution of this change order, to the same extent that it would exercise such duties with respect to a subcontractor acting under contract with CMAR. The execution of the Slide Contract shall not be construed to diminish or exclude the performances in that contract from the agreed upon scope of the Work, as described in the Contract Documents between Owner and CMAR. 2. CMAR further acknowledges that, notwithstanding the deductive change order, the performance by FAST CORPORATION under the Slide Contract constitutes a portion of the Work, as defined in the Contract Documents, for which CMAR is receiving compensation. As such, the performance by FAST CORPORATION falls within the obligations of CMAR as contractor specified in Performance Bond No. 105338645, issued by Travelers Casualty and Surety Company of America as Surety. The execution of the deductive change order shall not abrogate or impair the obligations under said performance bond. CMAR agrees to provide all necessary notice to the Surety with respect to this change order. 3. CMAR and City further agree that the City shall have the right to assign, and CMAR shall accept assignment of, the Slide Contract to CMAR upon certification by the City of satisfactory performance by FAST CORPORATION of the delivery of items set forth in the Slide Contract. Owner, City of Moab: Mayor David Sakrison Date Attest: Rachel Ellison, City Recorder Date CMAR, Hogan & Associates Construction, Inc. By: Title: Date 7-6 02/19/2010 Page 109 of 146 Moab City Recorder's Office PROJECT NAME: GRAND COUNTY RECREATION & AQUATIC CENTER LOCATION: MOAB, UTAH ARCHITECT: EDA ARCHITECTS CONTRACTOR: HOGAN & ASSOCIATES CONSTRUCTION OWNER: City of Moab THIS AGREEMENT made in Moab, UT, this _18 day of February , 2010, by and between the City of Moab, a Utah municipality, 217 East Center Street, Moab, Utah 84532, hereinafter referred to as the "Owner", and Fast Corporation , of 14177 County Highway Q, Sparta, WI 54656 , hereinafter referred to as the "Supplier". For and in consideration of the performances specified herein, the Owner and the Supplier agree as follows: 1.) MATERIALS TO BE SUPPLIED One custom built fiberglass water slide feature. See attachments 1 and 2 for a rendering and general dimensions of the finished product. The total amount listed hereto does not include sales tax. a. All materials furnished under this agreement is to be delivered FOB Jobsite in strict accordance with the plans and specifications as prepared by EDA Architects, Architect and/or Engineer, for the construction of the Grand County Recreation & Aquatic Center Project for the City of Moab, Owner, with Hogan & Associates Construction, (CMAR) Contractor; together with all addenda or authorized changes issued prior to the date of execution of this agreement, all of which are hereby incorporated by reference. b. The Owner and the Supplier agree to be bound by the terms of the prime contract agreement, construction regulations, general conditions, plans and specifications, Suppliers Sales Order provisions, and any and all other contract documents, if any there be, insofar as applicable to this agreement. 2.) DELIVERY OF MATERIAL a. The Supplier shall prosecute shop drawings, color schedules and other necessary information required before ordering material in a prompt and diligent manner. It is the Supplier's responsibility to see that delivery of materials does not cause delay, interfere with or hinder the work of the Owner or any sub -contractor. All materials shall be delivered to the job site and suitably stored on or before ninety (90) days from the date of approval in writing of shop drawings by the CMAR and Architect. Shop drawings shall be submitted by Supplier to CMAR and Architect for review and approval no later than twenty one (21) days from the date of execution of this contract. 1 7-7 02/19/2010 Page 110 of 146 Moab City Recorder's Of, b. In the event the Supplier neglects and/or fails to supply or deliver the necessary materials within the time allowed in the construction schedule, in the opinion of the Owner, then the Owner shall notify the Supplier in writing, setting forth the deficiency and/or delinquency, and five days after date of such written notice, the Owner shall have the right if he so desires, to purchase all of the material or any part thereof, from any available source. c. All costs incurred by the Owner shall be charged against any monies due or to become due the Supplier. In the event the total amount due or to become due the Supplier shall become insufficient to cover the costs accrued by the Owner in furnishing the necessary material, then the Supplier shall be bound and liable unto the Owner for the difference. d. The Supplier shall be responsible for the material delivered until completion and final acceptance of the contract by the Owner. In the event defects are discovered, the Supplier shall proceed promptly to make repairs or replacement of the material at his own expense as directed by the Owner. e. In the event that all materials are not delivered to the Owner in conformity with the contract specifications on or before the Delivery Date, then Supplier agrees to immediately add additional crews and overtime to project to make up any lost time due to late shipments — at no additional cost to the Owner. 3.) CHANGES, ADDITIONS AND DEDUCTIONS a. The Owner may add to or deduct from the amount of material covered by this agreement, and any changes made in the amount of material involved, or any other parts of this agreement, shall be by a written amendment hereto setting forth in detail, the changes involved and the value thereof, which shall be mutually agreed upon between the Owner and the Supplier. b. The Supplier shall not sublet, transfer or assign this agreement or any funds due, or become due, or any part thereof, without the written consent of the Owner. 4.) PAYMENTS The Owner is to pay to the Supplier for the complete and satisfactory delivery of the herein described material, in the sum of Thirty-two thousand, ninety eight dollars and forty cents ($32,098.40) in payment of 100% of the materials supplied. Payment will be in accordance with invoices prepared by the Supplier and approved by the Owner, Architect, and the CMAR, as to be accurate and complete. The payment schedule shall be as follows: six thousand, four hundred nineteen dollars and sixty cents ($6,419.68), payable no later than twenty days from the execution of this agreement; and twenty-four thousand, seventy three dollars and eighty cents ($24,073.80 )payable in increments based upon the percentage of completion of the contract in relation to the entire contract sum, less the retainage specified below. Periodic payments shall be paid in increments occurring no greater than on monthly basis, which shall be due no later than twenty (20) days from the date of conforming delivery of the materials as certified by the Architect and CMAR in writing. The retainage balance of one thousand, six hundred and four dollars and ninety-two cents ($1,604.92) shall be paid no later than twenty (20) days 2 02/19/2010 Page 111 of 146 Moab City Recorder's Offi from the date of certification in writing by the Architect and CMAR that all performances owing by the Supplier are complete. 5.) DISPUTES a. This contract is governed by Utah law. In the event of any dispute between the Owner and the Supplier arising from this contract the parties agree to engage in mediation before a mutually acceptable mediator as a condition precedent to either party commencing any judicial action. Each party shall pay its own respective attorney fees in mediation and be responsible for one half of the total mediation cost. b. The sole venue for any dispute arising from this contract shall be the Seventh Judicial District Court, Grand County, Utah. The parties irrevocably waive a jury trial for any claims arising from this contract, all of which shall be tried to the court. In any judicial proceeding arising from this contract the court shall award reasonable attorney fees and costs to the substantially prevailing party, in addition to any other relief provided herein. c. In any dispute arising from this contract the parties may recover such other damages as may be provided by law including, without limitation: damages for the contract price; damages for cover or procurement of substitute goods; incidental damages; or the like. In no event shall either party be liable to the other for consequential damages. 6.) WARRANTY AND INSURANCE a. The Supplier warrants to the Owner that the materials shall be of new manufacture, delivered in good and merchantable condition, and in conformity with all designs and specifications in the Contract Documents. Supplier further warrants that the materials are suitable for the intended purposes of the Owner, as set forth in the Contract Documents and specifications provided to Supplier. The Supplier agrees to make good and repair (or replace as necessary), without cost to the Owner, any and all materials or work exhibiting faulty or defective materials, design, or workmanship which may appear within the period so established in the Contract Documents; and if no such period be stipulated in the contract documents, then such warranty shall be for a period of one year from date of substantial completion of the project, as certified by the Architect. The Supplier further agrees to execute any special guarantees as provided by terms of the contract documents prior to final payment. b. If, in the course of its performance under this Contract, the Supplier discovers any condition, event, or circumstance including, by way of example only, any: departure from specifications; adverse geotechnical condition; or construction defect; which might jeopardize its performance or the warranties provided, Supplier shall promptly notify the Owner and CMAR with respect to any such matter. c. Supplier will procure at its sole cost certificates of insurance, in amounts not less than the sum specified in Section Five, above, covering loss, risk, or damage to the materials while in transit or while 3 02/19/2010 Page 112 of 146 Moab City Recorder's Offii stored on Owner's premises prior to substantial completion. Said certificate will furnish language as "Property of other coverage, storage at (provided physical address of warehouse) for a value of (amount billed for) for job (name of job)". 6.) WAIVER OF MECHANIC LIENS Supplier acknowledges that the materials to be supplied under this contract are to be incorporated into publicly owned real property which is exempt from claims under the Utah Mechanic Lien Act, and for which payment and performance bonds have been posted by the CMAR. Supplier hereby waives and releases any rights to assert a mechanic lien under the Act. 7.) TERMINATION OF AGREEMENT In the event the Owner terminates the project prior to its completion, which right is expressly reserved by Owner, then the Owner and Supplier agree that the compensation payable to Supplier shall be equitably adjusted based upon the percentage of completion attained as of the date of termination, relative to the total contract price. 8.) INTEGRATION, MODIFICATION, AUTHORITY a. This contract, including the specifications and contract documents incorporated by reference, is the sole and complete agreement of the parties, superseding any and all prior agreements or representations, however described. This contract shall only be modified in writing, and as duly approved by both parties in the manner provided by law. b. This contract is a valid, binding, and enforceable obligation of the parties, executed after obtaining all necessary authority. 9.) ASSIGNMENT OF AGREEMENT After Owner certifies that satisfactory delivery of the items specified in Section 2 herein is complete, and following payment in full by Owner as specified in Section 4 herein, Owner reserves the right to assign this Agreement to Hogan and Associates Construction. Agreed and accepted, effective as of the date(s) set forth below: FAST CORPORATION CITY OF MOAB Supplier Owner By: Mayor David Sakrison 4 02/19/2010 Page 113 of 146 Moab City Recorder's Offig Date: February 18, 2010 Date: Print Name: Darren Schauf, GM Print Name: Its: Attest: Rachel Ellison, City Recorder 5 02/19/2010 Page 114 of 146 Moab City Recorder's Offic Attachment 1 1 ik 6 02/19/2010 Page 115 of 146 Moab City Recorder's Offi Attachment 2 7 7-7 02/19/2010 Page 116 of 146 Moab City Recorder's Office F.A.S.T. Corp PO Box 258 _ 14177 County Hwy Q Sparta, WI 54656 Name / Address City of Moab Donna Metzler 217 East Center Street Moad, UT 84532 Sales Order Date Number 2 18.'2010 466 Ship To Please provide delivery address. P.O. No. Terms Due Date See Comments 6/14/2010 Item Description Qty Unit Price Total 9182 1000 Rock Island Slide as specified in attachments and Water Design Inc. Freight Charges 20° o deposit required to confirm the order. 20° o due upon 75° o product completion. Balance due on delivery. 1 1 29,988.00 2,110.40 29,988.00T 2,110.40T Please remit to above address. Subtotal $32,098.40 Phone # 608-269-7110 Fax # 608-269-7514 Web Site www.fastkorp.com Please sign and fax back to accept the terms and conditions of this order. Sales Tax (0.0%) $0.00 Total $32,098.40 Signature Date Print Name and Title All returned items or canceled orders are subject to a 25% restocking fee. Shipping charges are not refundable on returned items or canceled orders. Terms are 50%deposit on all orders with balance due upon delivery. A 1'Yr%per mores R^=^^^ charge will be added to all past due balances. FAST Corporation retains ownership rights to all shipments until final invoices and outstanding account balances are settled. Products in the FAST Corporation catalog are coprighted. OW, replication in whole or pad is expressly prohibited unless prior wntten permission Is providedA signed copy of this sales order constitutes a contractual agreement. 7-7 02/19/2010 Page 117 of 146 Moab City Recorder's Office RESOLUTION # 05-2010 A RESOLUTION AMENDING THE FISCAL YEAR 2009/2010 BUDGET WHEREAS, the City of Moab has proposed to amend the 2009/2010 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2009/2010 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2009/2010 Budget Amended Amended Revenue Expenditures 1. General Fund $ 6,675,604 $ 6,675,604 2. Recreation Fund $ 400,942 $ 400,942 3. Capital Projects Fund $10,306,370 $ 10,306,370 4. Storm Water Utility Fund $ 320,000 $ 320,000 2009/2010 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $300,961 $300,961 EXPENSES Treasurer — Bank Handling Charges 10-420-36 $3, 900 Police — Machinery & Equipment 10-421-77 ($36, 417) Building Inspection — Prof & Tech 10-424-31 $10, 000 Highways — Machinery & Equipment 10-440-74 ($104, 098) Sanitation — Prof & Tech 10-442-31 $5, 000 Film Commission — Machinery & Equip 10-428-74 ($6,180) Debt Service — Cap. Lease Principal 10-471-11 $404, 621 Debt Service — Cap. Lease Interest 10-471-12 $24,135 REVENUES Proceeds from Long Term Debt 10-36-160 $295,961 Garbage Billing/Collection 10-34-200 $5, 000 RECREATION FUND $24,110 $24,110 EXPENSES Youth Baseball/Softball 23-671-74 $1, 610 MARC — Salaries & Wages 23-800-10 $8, 500 MARC— Special Events 23-800-77 $11,500 MARC —Special Projects 23-800-78 $2, 500 Resolution #05-2010 Page 1 of 2 7-9 02/19/2010 Page 118 of 146 Moab City Recorder's Office REVENUES Youth Baseball/Softball 23-34-566 $1,610 MARC— Grants and Donations 23-66-210 $1,300 MARC — Special Event Fees 23-66-372 $18, 700 Recreation Beg. Fund Balance 23-39-535 $2,500 CAPITAL PROJECTS FUND $325,000 $325,000 EXPENSES Streets/Spec. Projects Concrete 41-440-72 $210, 000 Aquatic Center Project 41-470-70 $115, 000 REVENUES Contribution from Rec. Dist. 41-36-236 $115, 000 Beginning Fund Balance 41-39-561 $210, 000 STORM WATER UTILITY FUND $190,000 $190,000 EXPENSES Special Projects 53-400-75 $190,000 REVENUES W/S Beg. Fund Balance 53-39-535 $190,000 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24t day of February, A.D., 2009. David L. Sakrison Mayor ATTEST: Rachel Ellison City of Moab Resolution #05-2010 Page 2 of 2 7-9 02/19/2010 Page 119 of 146 Moab City Recorder's Office Memorandum To: Honorable Mayor and City Councilmembers From: Rachel Ellison, City Recorder/Assistant City Manager Date: 02/ 19/2010 Re: Lease with Wells Fargo In an effort to offset the expected decrease in revenue this current fiscal year, our budget anticipated refinancing two major leases with Zion's Bank to extend the term from three to five years. I have attached several spreadsheets that outline those changes. The lease documents for approval incorporate the refinancing of those two leases (totaling $274,198.19) in addition to financing two 2009 Dodge Chargers that we have purchased for our Police Department. This new lease is incorporated into the mid -year budget opening that you will be considering at the same meeting. This summarization may be confusing. I've tried to simplify it, but as you can see, it involves several leases and about 16 vehicles. Color coding may not do the job, so I'd be happy to go over it with you in detail, just give me a call or stop by my office. REC-MEM-10-02-006 1 7-10 02/19/2010 Page 120 of 146 Moab City Recorder's Office City of Moab Current Vehicle Lease Schedule 2009 Payments 2010 Payments Amount DEPT YEAR MAKE MODEL UNIT # SERIAL NUMBER Amount Date FILM COMMISSION 2008 DODGE DURANGO 127 1D8HB48268F157827 03/31/10 $6,177.04 ■ GENERALGOV 2009 TOYOTA PRIUS 130 JTDK820U797835745 03/31/10 $5,174.71 POLICE 2008 DODGE CHARGER 197 2B3KA43H68H138746 03/31/10 $5,758.38 POLICE 2007 DODGE CHARGER 194 2B3KA43H07H878145 $8,704.82 03/05/10 $8,704.82 POLICE 2007 DODGE CHARGER 195 2B3KA43H47H878147 $8,860.27 03/05/10 $8,860.27 POLICE 2007 DODGE CHARGER 196 2B3KA43H27H878146 $8,860.27 03/05/10 $8,860.27 POLICE 2006 DODGE CHARGER 186 2B3KA3G16H510921 $27,325.75 POLICE 2006 DODGE CHARGER 187 2B3KA43GX6H510920 POLICE 2006 DODGE CHARGER 188 2B3KA43G76H481716 RECORDER 2009 XEROX WC7345P NWL050980 03/31/10 $1,815.99 STREETS 2008 STERLING LT9500 159 2FZHAZCVX8AAB0399 $41,514.99 06/24/10 $41,514.99 DUMP BODY CLASS C 2008 FORD F-350 151 1FDWF36568ED09107 $8,746.85 06/24/10 $8,746.85 H&K TRUCK SERVICE BED STREETS 2008 ELGIN SWEEPER 89 1NAPC81K48AS70170 $59,492.21 06/24/10 $59,492.21 ■ STREETS 2009 FORD F-350 SUPER DUTY 107 1FDWF36559EA12251 03/31/10 $3,900.72 STREETS 2008 J DEERE 770D MOTOR GRADER DW770DX622163 03/31/10 $38,291.55 WATER 2008 FORD RANGER 4X2 158 1FTYR10E18PA47633 $4,663.30 03/05/10 $4,663.30 2009-10 Wells Fargo Lease 2007 Lease Chargers $ 27,325.75 Zions Bank 2009 Equip Lease $ 61,189.00 Zions Bank 2008 Lease Equipment $ 213,002.35 Status Paid Off First Payment Refinanced/Wells Fargo Zions Bank 2008 Lease Vehicles $ 61,195.84 Refinanced/Wells Fargo Update g1108120010 RAL@ ge 1l1 oyngs.xls 7-10 Moab City oRecorder soO�ce Office Moab City 2009-2010 FY Budget Capital Lease Refinance Mid -Year Budget Opening FUND Account # Budget Adjustments Description GENERAL FUND Proceeds from refinance and new vehicle lease Budgeted lease payments will be made from 10-471-11 Budgeted lease payments will be made from 10-471-11 To accommodate snow removal Budgeted lease payments will be made from 10-471-11 Budgeted lease payments will be made from 10-471-11 2010 Lease payments and Lease payoffs 2010 Lease payments and Lease payoffs NET OF GENERAL FUND ADJUSTMENTS Proceeds from LT Debt 1036160 (295,960.71) Police - Equipment 1042174 (46,417.18) Streets - Equipment 1044074 (119,000.00) Streets - Overtime 1044015 3,977.09 General Government - Equipment 1041674 (5,175.00) Film Commission - Equipment 1042874 (6,180.00) Capital Lease Principal 1047111 404,620.50 Capital Lease Interest 1047112 24,135.30 EXPENSES REVENUE $255,960.71 ($295,960.71) ($40,000.00) Police Department Equipment 1042174 $95,000.00 Original Budget 48,582.82 Two Chargers Purchased (46,417.18) Refinanced Lease Payments made from 10-471-11 $0.00 Adjusted Equipment Budget Streets Department Equipment 1044074 $119,000.00 Original Budget (72,795.60) Refinanced Payments Payable in 2010-2011 (42,192.27) Budgeted lease Payments will be made from 10-471-11 $4,012.13 Residual Equipment budget re -allocated to Overtime Capital Lease Principal 1047111 $0.00 Original Budget 59,263.84 Pay off 2008 Lease Vehicles - refinance 26,149.04 Payoff 2007 Lease Chargers 207,420.10 Pay off 2008 Lease Equipment - refinance 62,094.77 First payment on new lease 49,692.75 2009 Equipment Lease Payment #1 $404,620.50 Adjusted Captial Lease Principal Budget Capital Lease Interest 1047112 $0.00 Original Budget 1,932.00 Pay off 2008 Lease Vehicles - refinance 1,176.71 Payoff 2007 Lease Chargers 5,582.25 Pay off 2008 Lease Equipment - refinance 3,948.09 First payment on new lease 11,496.25 2009 Equipment Lease Payment #1 $24,135.30 Adjusted Captial Lease Interest Budget 2/19/2010 RALeases\Auto Leases refinance.xlsx Moab City Recorder's Off e 10 02/19/2010 Page 122 of 146 Moab City Recorder's Office RESOLUTION 08-2010 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB, UTAH, AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE - PURCHASE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE LEASE FOR SEVEN CITY VEHICLES; AUTHORIZING THE EXECUTING AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, THE CITY OF MOAB, UTAH (the "Lessee"), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Utah, is authorized by the laws of the State of Utah, to lease property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the Lessee desires to lease (equipment) for the Lessee to perform essential governmental functions; and WHEREAS, in order to lease such equipment, the Lessee proposes to enter into that certain Governmental Lease Purchase Agreement (the "Agreement") and related documents from time to time provided in the Agreement with Wells Fargo Brokerage Services, LLC (the "Lessor"), the form of which has been presented to the governing body of the Lessee at this meeting; and WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and the related documents as provided in the Agreement for the lease to be therein described on the terms and conditions therein provided; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of THE CITY OF MOAB, UTAH as follows: Section 1. Approval of Documents. The form, terms and provisions of the Agreement and the related documents as provided in the Agreement are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the lessees purchasing agent of the lessee, the execution of such documents being conclusive evidence of such approval; and the purchasing agent of the Lessee is hereby authorized and directed to execute the agreement and all related documents and to deliver the Agreement and all related documents (including Exhibits) to the respective parties thereto. FORM OF AUTHORIZING RESOLUTION - PAGE 1 7-10 02/19/2010 Page 123 of 146 Moab City Recorder's Office Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement and all related documents to carry out, give effect to and consummate the transactions contemplated thereby (including without limitation the execution and delivery of Acceptance Certificates, IRS Forms and any tax certificate and agreement and all other documents as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement. Section 3. No General Liability. Nothing contained in this Resolution, the Agreement any related document or any other Instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any related documents or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the rental payments or purchase payments payable under the Agreement are special limited obligations of the Lessee as provided in the Agreement. Section 4. Appointment of Authorized Lessee Representatives. The City Recorder/Assistant City Manager of the Lessee is hereby designated to act as the authorized representative of the Lessee for purposes of the Agreement and all related documents until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and all related documents. Section 5. Qualified Tax -Exempt Obligation. The Lessee hereby represents that the Lessee (including all "subordinate entities" of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the 2002 calendar year obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000.00. Pursuant to Section 265(b)(3) of the Code, the Lessee hereby specifically designates the obligations under the Agreement as a "qualified tax-exempt obligation" with the meaning of Section 265(b)(3)(B) of the Code. Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Repealer. FORM OF AUTHORIZING RESOLUTION - PAGE 2 7-10 02/19/2010 Page 124 of 146 Moab City Recorder's Office All orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any order, resolution or ordinance or part thereof. Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED AND APPROVED by the governing body of the Lessee this 23rd day of February, 2010. ATTEST: By: LESSEE: CITY OF MOAB, UTAH By: Printed Name: Title: Printed Name: Title: FORM OF AUTHORIZING RESOLUTION - PAGE 3 7-10 02/19/2010 Page 125 of 146 Moab City Recorder's Office WELLS FARGO SECURITIES Wells Fargo Securities, LLC 1740 Broadway, MAC C7300-011 Denver, Colorado 80274 February 10, 2010 Rachel Ellison, City Recorder City of Moab 217 E. Center Street Moab, Utah 84532 Dear Ms. Ellison: Enclosed please find documentation for the Governmental Lease -Purchase Agreement transaction with City of Moab. Please have each of the documents completed and signed as indicated and return in the enclosed envelope. Please note that the documents are dated February 26, 2010, and all documents must be returned to our offices before that date. Resolution or Ordinance: An executed copy of the Resolution, Ordinance or Minutes from the Borrower authorizing the financing must be included with the closing documents. 1. Governmental Lease -Purchase Agreement and Supplement: To be reviewed and signed by an authorized officer of the Lessee. 2. Exhibit "A" (Payment Schedule): To be reviewed and signed by an authorized officer of the Lessee. 3. Incumbency Certificate: To be completed and signed by the Clerk of the Lessee. The signatures of any officers signing the lease documents need to be included in the middle section of this form. 4. Lessee's Attorney's Opinion Letter (this is a sample only): Please forward this form along with the lease documentation to the Lessee's attorney. If the attorney drafts his or her own letter, it is subject to our review. 5. Certificate of Insurance: To be completed by the Lessee's insurance agent listing Wells Fargo Securities, LLC; Public Finance additional insured and loss payee on the leased equipment. Please have your insurance agency provide us with an updated Certificate on an annual basis until the lease is paid off. 6. Officer's Certificate: This should be signed and dated by an authorized officer of the Lessee. 7. Escrow Agreement: To be signed by the authorized officer of the Lessee. Once invoices from the vendor/contractor are received, the Lessee can forward to Wells Fargo Securities, LLC for payment from the escrow account. Alternatively, Lessee can pay invoices and be reimbursed from the escrow 7-10 02/19/2010 Page 126 of 146 Moab City Recorder's Office account. Payment request forms will be provided with the final documentation sent to the Lessee after closing. Interest earnings in the escrow account will be sent to the Lessee after the final drawdown. 8. Invoicing Procedures Form: Please complete the information so we will know to whom to send our invoice(s) for the lease payments. 9. Exhibit "B" Arbitrage and Tax Certificate: This should be filled in, signed and dated by an authorized officer of the Lessee. 10. UCC-1 Financing Statement: This document does not require a signature. We will file this document after the deal is closed and project is completed. 11. Form 8038G (or G): Please verify or provide the Employer's Identification Number, and sign at the bottom of the form. We will file this form with the IRS on behalf of the Lessee after the transaction has been closed. Please have Wells Fargo Securities, LLC listed as lien holder first secured party), using the address below, on vehicle title(s). The title(s) should then be forwarded to the address listed below: Wells Fargo Securities, LLC 1740 Broadway, MAC C7300-011 Denver, Colorado 80274 Please contact Cynthia M. Slawson at 303-863-6409 or me at 303-863-5496 if you have any questions on the enclosed documents. Thank you in advance for your immediate attention to this matter. Sincerely, Ryanne Ridpath Originations Assistant Public Finance Department Wells Fargo Securities, LLC Enclosures 2 7-10 02/19/2010 Page 127 of 146 Moab City Recorder's Office GOVERNMENTAL LEASE -PURCHASE AGREEMENT Name and Address of Lessee: City of Moab 217 E. Center Street Moab, Utah 84532 Lessor: Wells Fargo Securities, LLC 608 2" Ave South 10tb Floor N9303-105 Minneapolis, Minnesota 55479 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the personal property described in the Supplement attached to this Lease and hereby made a part hereof (collectively the "Lease") upon the terms and conditions set forth in this Lease (such property together with all replacements, repairs and additions incorporated therein or affixed thereto being referred to herein as "Equipment" ). The execution by Lessee of this Lease shall evidence a determination by the Lessee that the Equipment is essential to its proper, efficient and economic operation, that Lessee desires to enter into this Lease for the acquisition of that Equipment under the terms hereof, that the Equipment is necessary for the governmental functions of Lessee, and that Lessor is neither the manufacturer nor a dealer or merchant of said Equipment, but has agreed to provide the funding for and on behalf of Lessee for the acquisition of said Equipment under the terms hereof at the specific request of Lessee. 2. ESCROW AGREEMENT. In order that moneys be available to Lessee for the acquisition of the Equipment, Lessee and Lessor, acting as escrow agent (the "Escrow Agent"), shall execute and deliver an Escrow Agreement dated as of the date hereof (the "Escrow Agreement"). Lessor shall cause to be deposited into escrow the amount specified in the Escrow Agreement, which amount shall be held, invested, and disbursed to pay Equipment costs as provided in the Escrow Agreement. Lessee shall execute and deliver to Lessor an Arbitrage and Tax Certificate in the form attached to the Escrow Agreement and the Officer's Certificate in the form attached hereto. Upon payment of all costs of the Equipment and the acceptance thereof by Lessee, Lessee shall certify such acceptance in the form provided by Lessor. 3. TERM. The term of this Lease shall begin the date Lessor deposits into escrow the amounts specified in the Escrow Agreement (the "Commencement Date") and shall continue unless earlier terminated as provided herein. The Commencement Date shall be recorded on the Supplement. 4. RENT. Lessee shall pay as rent for the full term of this Lease the amount shown in the Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in Exhibit A to the Supplement plus any applicable sales and use tax thereon. Except as provided in Section 5, the obligation of Lessee to make rent payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all rent payments and other payments required hereunder when due and shall not withhold any rent payment or other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such rent payments or other payments required under this Lease. Lessee's obligation to make rent payments or other payments during the Lease term shall not be abated through accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such obligation or to recover damages therefore. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that the officer of Lessee responsible for budget preparation shall request the required appropriation for each fiscal year during the term of this Lease from the governing body of Lessee and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved. 3 02/19/2010 Page 128 of 146 Moab City Recorder's Office 7-10 5. NON -APPROPRIATION OF FUNDS. If, notwithstanding the making in good faith of a request to the governing body of Lessee for funds to pay its obligations hereunder for any ensuing fiscal year in accordance with appropriate procedures and Section 4 hereof, such governing body does not appropriate funds to be paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such notice or upon the exhaustion of the funding authorized for the then current fiscal year, whichever is later, return the Equipment to Lessor at Lessee's expense and thereupon be released of its obligation to make all rental payments to Lessor due after the close of the fiscal year for which funds were appropriated, provided: (i) the Equipment is returned to Lessor freight prepaid and insured to any location in the continental United States designated by Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof excepted, (ii) the foregoing notice states the failure of the governing body to appropriate the necessary funds as reason for cancellation, and (iii) the notice is accompanied by payment of all amounts then due to Lessor under this Lease. In the event Lessee returns the Equipment pursuant to the terms of this Section 5, Lessor shall retain all sums paid hereunder by Lessee. Lessor shall also be entitled to retain any amount still held in escrow pursuant to the Escrow Agreement. 6. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee represents and warrants and, so long as this Lease is in effect or any part of Lessee's obligations to Lessor remain unfulfilled, shall continue to represent and warrant, that: (a) Lessee is a state, a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing. If Lessee is incorporated, it is duly organized and existing under the constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect. (b) Lessee has been duly authorized by the constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Lease and the Escrow Agreement and to carry out its obligations thereunder. (c) All requirements have been met, and procedures have occurred in order to ensure the enforceability of this Lease and the Escrow Agreement, and Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this Lease. (d) The Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee. (e) Lessee has funds available and properly appropriated to pay rent until the end of its current appropriation period. Lessee has never terminated, or threatened to terminate, a lease -purchase or similar agreement for failure of its governing body to appropriate funds sufficient to perform its obligations thereunder for any fiscal year. (f) This Lease and the Escrow Agreement constitute valid, legal and binding obligations of Lessee enforceable against Lessee in accordance with the terms thereof. (g) Lessee will take no action that would cause the interest portion of the rent payments to become includible in gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations), and Lessee will take and will cause its officers, employees and agents to take all affirmative actions legally within its power necessary to ensure that the interest portion of the rent payments does not become includible in gross income of the recipient for federal income tax purposes under the Code and Regulations. 7. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESSED OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make rental and other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recourse to Lessor, any warranty received by Lessor. 4 02/19/2010 Page 129 of 146 Moab City Recorder's Office 7-10 8. TITLE. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessor; provided, however, that upon payment by Lessee of the Total Rent or the exercise by Lessee of its prepayment option with respect to the Equipment and the fulfillment by Lessee of all of its other obligations hereunder, title shall immediately vest in Lessee. Lessee at its expense shall protect and defend the title and keep the Equipment free of all claims and liens other than the rights of Lessee and Lessor hereunder. The Equipment shall remain personal property regardless of its attachment to realty, and Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 9. SECURITY AGREEMENT; FURTHER ASSURANCES. To secure the performance of all Lessee's obligations hereunder, Lessee hereby grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, repairs, replacements and modifications thereto or therefore, including all after -acquired equipment of Lessee, and on any proceeds there from. Lessor is hereby authorized to file financing statements to perfect such security interest in accordance with the Uniform Commercial Code. Lessee agrees to execute or deliver such additional documents, including, without limitation, financing statements, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment or for the confirmation or perfection of this Lease and Lessor's rights hereunder. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taxes on or measured by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file at its expense all tax returns relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 11. LESSEE NEGLIGENCE. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee's property or the property of others, which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. 12. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber or permit a lien arising through Lessee to exist on or against any interest in this Lease or the Equipment or remove the Equipment from its location referred to above. Lessor may assign its interest in this Lease and sell or grant a security interest in all or any part of the Equipment without Lessee's consent. Lessee hereby appoints Lessor as Lessee's agent for purposes of maintaining a written record of all such assignments. 13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business hours. 14. REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the Equipment in good repair, condition and working order and will furnish all parts and services required therefore, all at its expense. All such parts when furnished shall immediately become part of the Equipment for all purposes hereof. 15. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lessee shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount stated in the Supplement or Exhibit A thereto as the Termination Balance. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments on the remaining items shall be reduced accordingly. Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this Section and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance against liability for bodily injury and property damage with a minimum limit of $500,000 and a combined single limit of $1,500,000 and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement 5 7-10 02/19/2010 Page 130 of 146 Moab City Recorder's Office value of the Equipment or the amount stated in the Supplement or an exhibit thereto as the Termination Balance whichever is greater. Lessee shall furnish Lessor with certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or the cancellation thereof, and a clause specifying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not comply with the requirement thereof. 17. RETURN OF THE EQUIPMENT. Upon the termination of this Lease pursuant to Section 5 or Section 21 hereof, Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 18. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may request in order to more effectively carry out the intent and purpose of this Lease. Lessee shall furnish Lessor, within seven (7) days of availability, a copy of Lessee's audited financial statements. In the event that Lessee does not regularly obtain audited financial statements, Lessee shall provide to Lessor, within seven (7) days of availability, copies of Lessee's annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent is not paid when due or within 5 days thereafter, Lessor may impose a late charge of up to 5% of the amount of the installment but in any event not more than permitted by applicable law. Rent payments thereafter received shall be applied first to delinquent installments and then to current installments. 20. DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder: (a) Lessee shall fail to pay when due any installment on basic rent; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder or under the Escrow Agreement and the continuance thereof for 10 calendar days following written notice thereof by Lessor to Lessee; (c) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false or misleading in any material respect; or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal or state bankruptcy code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or all of a substantial part of its assets. 21. REMEDIES. Whenever any event of default referred to in Section 20 hereof shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps: (a) Lessor, with or without terminating this Lease may declare all rent payments due or to become due during the fiscal year in effect when the default occurs to be immediately due and payable by Lessee, whereupon such rent payments shall be immediately due and payable. (b) Lessor, with or without terminating this Lease, may repossess the Equipment by giving Lessee written notice to deliver the Equipment to Lessor, whereupon Lessee shall do so in the manner provided in Section 17; or in the event Lessee fails to do so within 10 days after receipt of such notice, Lessor may enter upon Lessee's premises where the Equipment is kept and take possession of the Equipment and charge Lessee for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Lessee hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Lessee shall pay the applicable Termination Balance of the Equipment, as set forth in the Supplement or Exhibit A thereto (less credit for proceeds of insurance and amounts, if any, returned to Lessor pursuant to Section 6 of the Escrow Agreement, remaining after subtraction of Lessor's costs with respect to the collection thereof), to Lessor. Notwithstanding the fact that Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the rent payments due during the fiscal year then in effect. If this Lease has not been terminated, Lessor shall return the Equipment to Lessee at Lessee's expense when the event of default is cured. 6 02/19/2010 Page 131 of 146 Moab City Recorder's Office 7-10 (c) If Lessor terminates this Lease and takes possession of the Equipment, Lessor shall within 30 days thereafter use its best efforts to sell the Equipment or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor shall apply the proceeds of such sale and amounts, if any, returned to Lessor pursuant to Section 6 of the Escrow Agreement to pay the following items in the following order: (i) all costs incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the sale; (iii) the applicable Termination Balance of the Equipment; and (iv) the balance of any rent payments owed by Lessee during the fiscal year then in effect. Any sale proceeds remaining after the requirements of clauses (i), (ii), (iii) and (iv) have been met may be retained by Lessee. (d) If the proceeds of sale of the Equipment and amounts, if any, held pursuant to the Escrow Agreement are not sufficient to pay the balance of any rent payments owed by Lessee during the fiscal year then in effect, Lessor may take any other remedy available at law or in equity to require Lessee to perform any of its obligations hereunder. 22. NOTICES. Any written notice hereunder to Lessee shall be deemed to have been given when delivered personally or deposited in the United States mails, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 23. PREPAYMENT. This Lease may be prepaid in whole, but not in part, and on any regular payment date with 45 days written notice to Lessor, upon payment of all rent payments then due, plus the amount set forth as Termination Value on the Supplement or any exhibit thereto. 24. SURVIVAL. Lessee's obligations under Section 10 shall survive termination of this Lease. 25. MISCELLANEOUS. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Lease, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. This Lease shall in all respects be governed by, and construed in accordance with, the substantive laws of the state in which the Lessee is located. Dated: February 26, 2010 Lessee: City of Moab, Utah Lessor: Wells Fargo Securities, LLC By: By: Cynthia M. Slawson Its: Its: Assistant Vice President 7-10 02/19/2010 Page 132 of 146 Moab City Recorder's Office Wells Fargo Securities, LLC 608 2"a Ave South 10"' Floor N9303-105 Minneapolis, Minnesota 55479 SUPPLEMENT TO GOVERNMENTAL LEASE -PURCHASE AGREEMENT Name and address of Lessee: City of Moab 217 E. Center Street Moab, Utah 84532 L004003 This is the Supplement to the Governmental Lease -Purchase Agreement dated February 26, 2010, between Lessor and Lessee. Pursuant to the Governmental Lease -Purchase Agreement and this Supplement, Lessor is leasing to Lessee, and Lessee is leasing from Lessor, the Equipment described below. EQUIPMENT DESCRIPTION Quantity VIN or Serial Number 1 1 1 1 1 1 1 2B3LA43189H608916 23LA43419H608931 2B3KA43H07H878145 2B3KA43H47H878147 2B3KA43H27H878146 2FZHACVX8AAB0399 JNAPC81K48AS70170 2009 Dodge Charger 2009 Dodge Charger 2007 Dodge Charger 2007 Dodge Charger 2007 Dodge Charger 2008 Sterling Street Sweeper 2008 Elgin Street Sweeper Location of Equipment (if different from Lessee's address) SCHEDULE OF RENT PAYMENTS Basic Rental Payments $66,415.97 Number Of Payments 5 Advance Payments -0- Commencement Date: February 26, 2010 Term in months 52 MONTHS Interest Rate 4.25% First Payment Due June 24, 2010 Final Purchase Option Price $1.00 Rental payment period Annually FINANCE AMOUNT: $301,879.92 TOTAL RENT: $332,079.85 Additional Provisions: LESSOR: Wells Fargo Securities, LLC LESSEE: City of Moab, Utah By: By: Cynthia M. Slawson Its: Its: Assistant Vice President Date: February 26, 2010 Date: February 26, 2010 7-10 02/19/2010 Page 133 of 146 Moab City Recorder's Office Refinance City of Moab Exhibit A Costs Funded Payment Rate 5 Payments Level Payment Closing Fees Average Life $301,879.92 4.25% 1 per year $66,415.97 $0.00 2.35 years 4.250% Rate Fctr=.220008 28.2 months Commencement: Feb26, 2010 Closing Date: Feb 26, 2010 Pmt Total Payment Due Interest Payment Due Principal Payment Due After Payment Principal Balance After Payment Termination Value Payment Due Date $0.00 $0.00 $301,879.92 Feb 26, 2010 1 $66,415.97 $4,205.36 $62,210.61 $239,669.31 $247,762.78 Jun 24, 2010 2 $66,415.97 $10,185.95 $56,230.02 $183,439.29 $188,408.06 Jun 24, 2011 3 $66,415.97 $7,796.17 $58,619.80 $124,819.50 $127,361.72 Jun 24, 2012 4 $66,415.97 $5,304.83 $61,111.14 $63,708.36 $64,575.56 Jun 24, 2013 5 $66,415.97 $2,707.61 $63,708.36 $0.00 $1.00 Jun 24, 2014 By: Its: Dates as of 02/19/2010 Page 134 of 146 Moab City Recorder's Office INCUMBENCY CERTIFICATE I, , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of City of Moab, a political subdivision or agency duly organized and existing under the laws of the State of Utah that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (I) the signatures set opposite their respective names and titles are their true and authentic signatures and (II) such officers have the authority on behalf of such entity to enter into that certain Governmental Lease -Purchase Agreement dated February 26, 2010 and Supplement thereto between such entity and Wells Fargo Securities, LLC (Lessor) and the Escrow Agreement dated February 26, 2010 between such entity and Wells Fargo Securities, LLC, as escrow agent. NAME 2010. TITLE SIGNATURE IN WITNESS WHEREOF, I have duly executed this certificate this day of February, SECRETARY/CLERK 7-10 02/19/2010 Page 135 of 146 Moab City Recorder's Office [FORM OF LEGAL OPINION] February 26, 2010 Wells Fargo Securities, LLC 608 2nd Ave South 10th Floor N9303-105 Minneapolis, Minnesota 55479 Ladies and Gentlemen: As counsel for City of Moab ("Lessee"), I have examined the Governmental Lease -Purchase Agreement dated February 26, 2010 and Supplement dated February 26, 2010 (the "Lease"), between Lessee and Wells Fargo Securities, LLC ("Lessor"), the Escrow Agreement dated February 26, 2010 (the "Escrow Agreement") between Lessee and Lessor, as escrow agent, and such other documents, instruments and records as I have considered relevant for purposes of this opinion. Based upon such examination, and such research and investigation as I deemed necessary, I am of the opinion that: 1) Lessee is a political subdivision or agency of the State of Utah, duly organized and existing under the laws of such state. 2) Lessee is authorized and has power under applicable law to enter into the Lease and Escrow Agreement, and to carry out its obligations thereunder and the transactions contemplated thereby. 3) The Lease and Escrow Agreement have been duly authorized, approved, executed and delivered by and on behalf of Lessee, and are valid and binding contracts of Lessee enforceable in accordance with their terms, except to the extent limited by state and federal laws affecting remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4) In reliance on the Certificate, the authorization, approval and execution of the Lease and Escrow Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public bidding and all other laws, rules and regulations of the State. 5) The execution of the Lease and the appropriation of moneys to pay the rent payments coming due thereunder do not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6) In reliance on the Certificate, there is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body, that challenges the organization or existence of Lessee; the authority of Lessee or its officers or its employees to enter into the Lease and Escrow Agreement; the proper authorization, approval and/or execution 7-1002/19/2010 Page 136 of 146 Moab City Recorder's Office of the Lease, Escrow Agreement, Exhibits thereto and other documents contemplated thereby; the appropriation of moneys to make rent payments under the Lease for the current fiscal year of Lessee; or the ability of Lessee otherwise to perform its obligations under the Lease and Escrow Agreement and the transactions contemplated thereby. 7) Resolution No. of the governing body of Lessee, was duly and validly adopted by such governing body on , 2010, and such resolution has not been amended or repealed and remains in full force and effect. Very truly yours, Counsel for Lessee 7-10 02/19/2010 Page 137 of 146 Moab City Recorder's Office Wells Fargo Securities, LLC 608 2nd Ave South 10th Floor N9303-105 Minneapolis, Minnesota 55479 Certificate of Insurance Coverage is provided for the following Named Insured: Name of Insured City of Moab Street Address 217 E. Center Street City/State Moab, Utah Zip 84532 DETAILED DESCRIPTION AND LOCATION OF EQUIPMENT COVERED Two 2009 Dodge Chargers, three 2007 Dodge Chargers, 2008 Sterling Streetsweeper and 2008 Elgin Streetsweeper for Contract No. L004003 DESCRIPTION OF COMPREHENSIVE GENERAL LIABILITY INSURANCE Insurance Company (not agency) Policy number Effective date Expiration date BODILY INJURY LIABILITY Single Claim / Each occurrence $500,000.00 PROPERTY DAMAGE LIABILITY Aggregate $1,500,000.00 Each occurrence Aggregate Wells Fargo Securities, LLC, its successors and assigns, is endorsed as an Additional Insured on the Comprehensive General Liability insurance described above: X Yes No DESCRIPTION OF PHYSICAL DAMAGE INSURANCE Insurance Company Policy number Effective date Expiration date The Physical Damage Insurance issued in the amount of $301,879.92 consists of: Fire and Extended Coverage including Vandalism, Malicious Mischief and Theft All Risk Insurance with the following exceptions: Wells Fargo Securities, LLC, is successors and assigns, is endorsed as Loss Payee on the Physical Damage Insurance described above: X Yes _ No The Policy, as to the interest of Loss Payee, shall not be invalidated by any act of omission or commission or neglect or misconduct of the Named Insured at any time, not by any foreclosure or other proceeding or notice of sale relating to the insured property, not by any change in the title or ownership thereof or the occupation of the premises for purposes more hazardous than are permitted by the Policy, provided, that in case the Named Insured shall fail to pay any premium due under the Policy, Loss Payee may, at its option, pay such premium. The Policy may be canceled at any time by either Insurer or Named Insured according to its provisions, but in any such case the Policy shall continue in full force and effect for the exclusive benefit of Loss Payee for ten days after written notice to Loss Payee of such cancellation and shall then cease. Contract No. L004003 Agency name Street Address Signature of Agent City State Zip Agent telephone number Date 7-10 02/19/2010 Page 138 of 146 Moab City Recorder's Office OFFICER'S CERTIFICATE TO: WELLS FARGO SECURITIES, LLC RE: GOVERNMENTAL LEASE -PURCHASE AGREEMENT DATED FEBRUARY 26, 2010 AND SUPPLEMENT DATED FEBRUARY 26, 2010 FOR: TWO 2009 DODGE CHARGERS, THREE 2007 DODGE CHARGERS, 2008 STERLING STREETSWEEPER AND 2008 ELGIN STREETSWEEPER I am duly qualified and acting as the officer identified below of City of Moab (Lessee); and, with respect to the Governmental Lease -Purchase Agreement dated February 26, 2010 and Supplement thereto dated February 26, 2010 (the Lease), by and between Lessee and Wells Fargo Securities, LLC (Lessor) and the Escrow Agreement dated February 26, 2010 (the Escrow Agreement), by and between Lessee and Wells Fargo Securities, LLC as escrow agent, that: 1. The rent payments provided for in the Supplement or Exhibit A thereto shall commence and be due and payable on June 24, 2010 and the 24th of each June thereafter, in the amounts shown thereon. 2. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all rent payments required to be paid under the Lease during the current fiscal year of Lessee, and such moneys will be applied in payment of all rent payments due and payable during such current fiscal year. 3. Lessee is exempt from all personal property taxes, and is exempt from [subject to] sales and/or use taxes with respect to the Equipment and the rent payments. 4. During the Lease term the Equipment will be used by Lessee to perform essential governmental functions. Such functions are: 5. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body, that challenges the organization or existence of Lessee; the authority of Lessee or its officers or its employees to enter into the Lease and Escrow Agreement; the proper authorization, approval and/or execution of the Lease, the Escrow Agreement, Exhibits thereto and other documents contemplated thereby; the appropriation of moneys, to make rent payments under the Lease for the current fiscal year of Lessee; or the ability of Lessee otherwise to perform its obligations under the Lease and Escrow Agreement and the transactions contemplated thereby. 6. The authorization, approval and execution of the Lease and Escrow Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting, public bidding and all other laws, rules and regulations of the State of Utah. 7. Resolution No. of the governing body of Lessee, who duly and validly adopted by such governing body on , 2010, and such resolution has not been amended or repealed and remains in full force and effect. 2 7-10 02/19/2010 Page 139 of 146 Moab City Recorder's Office [SIGNATURE PAGE FOR OFFICER'S CERTIFICATE] Dated: February , 2010 City of Moab, Utah By: Its: 3 02/19/2010 Page 140 of 146 Moab City Recorder's Office 7-10 ESCROW AGREEMENT THIS ESCROW AGREEMENT, dated as of February 26, 2010, by and between City of Moab, a political subdivision duly organized and existing under the laws of the State of Utah ("Lessee"), and Wells Fargo Securities, LLC, with its principal office, domicile and post office address located in Minneapolis, Minnesota, acting as escrow agent (the "Escrow Agent"). WHEREAS, Lessee and Wells Fargo Securities, LLC acting as lessor ("Lessor") have entered into a Governmental Lease -Purchase Agreement dated February 26, 2010 and Supplement thereto dated as of February 26, 2010 (collectively, the "Lease"), and the Lease provides for the lease by Lessor to Lessee of certain property described in the Supplement to the Lease (the "Equipment"); and WHEREAS, Lessor will provide for the acquisition of the Equipment, the sum of $295,960.71, to be available in periodic draws for the payment of the costs of such acquisition; and WHEREAS, Lessor and Lessee now desire to provide for the safekeeping, investment and disbursement of such monies advanced by Lessor; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. There is hereby created and established with Escrow Agent an irrevocable escrow fund designated for Lessee (the "Escrow Fund") to be held in the custody of Escrow Agent separate and apart from other funds of Escrow Agent or Lessee. 2. Lessor, as of February 26, 2010 deposits into the Escrow Fund the sum of $295,960.71, representing the principal amount of the obligation of Lessee under the Lease less any payments made to vendors on the date of funding. 3. Monies held in the Escrow Fund shall be promptly invested and reinvested by the Escrow Agent, subject to Lessee's approval, in any security or deposit account authorized by law. No investment shall be made in a security maturing later than the date on which Lessee reasonably anticipates needing such funds for the payment of the costs of the Equipment. Lessee shall notify the Escrow Agent as to the dates on which funds are needed for disbursement and the estimated amount of each such disbursement and the Escrow Agent may rely upon this information in connection with all investment or reinvestment of funds. All interest earnings from such investment shall be remitted to Lessee periodically, as mutually agreed upon by Lessee and the Escrow Agent. In such event, Lessee shall use such amounts to pay rent payments next owing under the Lease. Unless otherwise agreed by Lessee and Escrow Agent, the Escrow Fund shall be held in a Wells Fargo Securities, LLC Advantage Government Money Market Fund at Wells Fargo Securities, LLC, and it shall earn interest at the daily rate established by Wells Fargo Securities, LLC Funds. 4. The Escrow Agent shall disburse funds from the Escrow Fund upon receipt of a written request and certification from Lessee, approved by Lessor, setting forth the following: (1) the amount to be 7-10 02/19/2010 Page 141 of 146 Moab City Recorder's Office disbursed, (2) the address to which such funds are to be forwarded, (3) a brief description of the purpose of the payment, and (4) a statement that the expenditure for which funds are requested was properly incurred in connection with the acquisition of the Equipment and that the amounts being paid pursuant to that disbursement were not subject to a previous draw. The request shall contain as attachments the bills, receipts, invoices, or other documents acceptable to Escrow Agent evidencing the amount and purposes for which the disbursement is requested. Lessee agrees to submit to the Escrow Agent such disbursement request in form and substance satisfactory to the Escrow Agent and such other documents and certificates as the Escrow Agent may reasonably request to evidence the proper expenditure of the monies in the Escrow Fund for the purposes of acquiring the Equipment. The Escrow Agent has no duty to ascertain the correctness of any documents submitted in connection with any direction to disburse funds. 5. Upon making the disbursements as provided in Section 4 of this Agreement the Escrow Agent shall pay to Lessee any balance on deposit in the Escrow Fund. In such event, Lessee shall use amounts to pay rent payments next owing under the Lease, unless Lessee is otherwise directed by Lessor. 6. In the event that an Event of Default occurs under the Lease or the Lease is terminated by Lessee pursuant to Section 5 thereof, the Escrow Agent shall forthwith disburse all monies on deposit in the Escrow Fund to Lessor. Lessee agrees that in the event such transfer to Lessor is to be made, it shall pay immediately and directly to the Lessor an amount equal to all expenses, legal fees and other costs incurred by Lessor in connection with the enforcement of this Escrow Agreement. 7. This Agreement may be modified or amended only with the written consent of all parties hereto. 8. In the event of the Escrow Agent's failure to account for any of the funds received by it, said funds shall be and remain the property of Lessee in trust for the purposes set forth in this Agreement. Such funds shall be impressed with a trust for the amount thereof and Lessee shall be entitled to a preferred claim upon such assets until such identification is made. 9. This Agreement shall terminate when all transfers required to be made with respect to the Escrow Fund by the Escrow Agent under the provisions hereof shall have been made. In the event that all amounts held by the Escrow Agent hereunder shall have not been expended as provided therein by the date that is three years from the date of this Agreement, this Agreement shall terminate and such unexpended amounts shall be remitted to Lessee. In such event, Lessee shall use such amounts to pay rent payments next owing under the Lease. 10. If any one or more of the covenants or agreements provided in this Agreement on the part of the Escrow Agent or Lessee to be performed shall be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. 11. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. 12. This Agreement shall be construed and enforced in accordance with the laws of the State of Utah. 13. Upon execution and delivery of this Agreement, Lessee shall execute and deliver to Lessor an Arbitrage and Tax Certificate of Lessee in the form attached hereto as Exhibit B. 2 02/19/2010 Page 142 of 146 Moab City Recorder's Office 7-10 [SIGNATURE PAGE FOR ESCROW AGREEMENT] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of February, 2010. CITY OF MOAB, UTAH AS LESSEE By: Its: WELLS FARGO SECURITIES, LLC AS ESCROW AGENT AND LESSOR By: Cynthia M. Slawson Its: Assistant Vice President 3 7-10 02/19/2010 Page 143 of 146 Moab City Recorder's Office EXHIBIT B ARBITRAGE AND TAX CERTIFICATE I hereby certify that in my official capacity as the officer indicated therein, I am responsible for executing and delivering, on behalf of City of Moab ("Lessee"), the Governmental Lease -Purchase Agreement dated February 26, 2010 and Supplement thereto (collectively, the "Lease"), by and between Wells Fargo Securities, LLC ("Lessor") and Lessee. This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (the "Regulations"). The following facts, estimates and circumstances are in existence on the date of this Certificate or are reasonably expected to occur hereafter. 1. The Lease provides for the acquisition of certain personal property described therein (the "Equipment"). Pursuant to the Lease, Lessor is leasing with option to purchase the Equipment to Lessee and Lessee is required to make rent payments with respect thereto, comprising principal and interest, on the dates and in the amounts set forth in the Lease. 2. On the date hereof, Lessor will deposit with Wells Fargo Securities, LLC, as escrow agent (the "Escrow Agent") the amount of $295,960.71, which, together with interest earned thereon until disbursed, will be used to pay the costs of the Equipment. 3. The Lessee has or expects to enter into contracts for the acquisition of all Equipment within six months of the date hereof. 4. The Equipment will be acquired with due diligence and it is presently expected that the Equipment will be fully acquired by , 20 5. In any event all of the spendable proceeds of the Lease will be expended on the Equipment within three (3) years from the date of execution of the Lease. No proceeds of the Lease will be used to reimburse Lessee for expenditures made prior to the date of the issuance of the Lease [except as provided in a resolution of the of Lessee adopted and entitled " " and attached hereto.] 6. The original proceeds of the Lease, and the interest to be earned thereon, do not exceed the amount necessary for the governmental purpose for which the Lease is issued. 7. The interest of Lessee in the Equipment has not been, and is not expected during the term of the Lease, to be sold or otherwise disposed of by Lessee. 8. No sinking fund will be maintained by Lessee with respect to the rent payments due under the Lease. 9. The Lease is not a "hedge bond" within the meaning of Section 149(g)(3) of the Code. Lessee expects to spend not less than 85% of the spendable proceeds of the Lease within three years after the date hereof and less than 50% of the proceeds of the Lease is invested in nonpurpose investments having a substantially guaranteed yield for four years or more. 10. In the Lease Lessee has covenanted to take all actions necessary to ensure that the interest paid under the Lease remains excludable from gross income under the Code and Regulations. Lessee understands 7-10 02/19/2010 Page 144 of 146 Moab City Recorder's Office and agrees that such covenant includes, without limitation, the requirements to comply with the requirements of the Code and Regulations relating to the rebate of arbitrage profit to the United States Government. 11. The reasonably anticipated amount of tax-exempt obligations issued by Lessee during the current calendar year (other than obligations described in Section 265(b)(3)(C)(ii) of the Code does not exceed $30,000,000. The Lease is hereby designated by Lessee as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. In no event will Lessee designate in the current calendar year more than $30,000,000 of its tax-exempt obligations as such "qualified tax-exempt obligations". 12. To the best of the knowledge and belief of the undersigned, the expectations of Lessee as set forth above, are reasonable; and there are no present facts, estimates and circumstances which would damage the foregoing expectations. WITNESS my hand this day of February, 2010. City of Moab, Utah By: Its: 7-10 2 02/19/2010 Page 145 of 146 Moab City Recorder's Office INVOICING PROCEDURES Re: Municipal Contract No. L004003 with City of Moab, Utah Please provide us with the name, address, and phone number of the appropriate personnel we can contact regarding invoicing and payments: (Name of Contact) (Address) (Phone) (Email) (Fax) 3 7-10 02/19/2010 Page 146 of 146 Moab City Recorder's Office