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HomeMy Public PortalAboutPKT-CC-2010-04-13CITY OF MOAI3 APRIL 13, 2010 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMI3PRS (217 EAST CENTER STREET) Page 1 of 117 Page 2 of 117 Moab City Council Master Meeting Calendar* April 2010 40" 2010 S M T W T F May 2010 S S M T W T F S 11 18 25 1 2 4 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 3 10 2 3 4 5 17 9 10 11 12 24 16 17 18 19 23 24 25 26 30 31 1 6 7 8 13 14 15 20 21 22 27 28 29 M CO N t9 0 a r N co7:00pm T m LO Nq Q Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 28 29 30 31 Apr 1 2 3 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 4 5 6 7 8 9 10 6:00pm 7:00pm GCAB 9:00am 11:00am UDOT Ann 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7:00pm 7:00pm 9:00pm CVTC 9:00pm Moab CC E 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 7:00pm 9:00pm Moab CC E 11 12 13 14 15 16 17 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD :00pm Moab CC' 18 19 20 21 22 23 24 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:00pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 6:30pm 8:00pm Moab PC 9:00pm Moab C3111 25 26 27 28 29 30 May 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 6:30pm 9:00pm Moab CC Moab Oty Recorder's Office 1 4/9/2010 4:13 PM *Meeting end times are approximations only Page 3 of 117 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Page 4 of 117 Moab City Council Master Meeting Calendar* May 2010 May 2910 S M T W T F June 2010 S S M T W T F S 16 23 30 2 3 4 5 6 7 9 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 1 2 8 6 7 8 9 15 13 14 15 16 22 20 21 22 23 29 27 28 29 30 3 4 5 10 11 12 17 18 19 24 25 26 T @ N co N in rn T N N co m oc rc @ Sunday Monday Tuesday Wednesday Thursday Friday Saturday Apr 25 26 27 28 29 30 May 1 2 3 4 5 6 7 8 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 7:00pm 9:00pm Moab CC E 9 10 11 12 13 14 15 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 7:00pm GC PC 6:30pm 7:00pm 7:00pm 8:00pm Moab PC , 8:00pm CVFP 8:00pm TOWED 'rpm 9:00pm Moab CCE :00pm Moab CC' 7:00pm 8:00pm TSSD 16 17 18 19 20 21 22 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 6:00pm 6:00pm 7:00pm 7:00pm GCSDBE 6:30pm GCRSSD 8:30pm GCLB 23 24 25 26 27 28 29 12:00pm 12:30pm MTPSC 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC Moab Oty Recorder's Office 2 4/9/2010 4:13 PM *Meeting end times are approximations only Page 5 of 117 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Page 6 of 117 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, April 13, 2010 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 March 23, 2010 1-2 April 6, 2010 1-3 April 7, 2010 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: PROCLAMATION 4-1 Mayoral Proclamation of Friday, April 30, 2010 as Arbor Day in the City of Moab SECTION 5: NEW BUSINESS 5-1 Approval of a Local Vendor License for Jonny Hymas, d.b.a. Moab Rentals and Delivery to Conduct Mountain Bike and Kayak Rentals and Retail Sales Located at 90 North Main Street 5-2 Approval of a Class II Beer License for Frankie Winfrey, d.b.a. Sabaku Restaurant, Located at 90 East Center Street 5-3 Approval of Local Consent for a Limited Restaurant License and an On - Premise Beer License for Frankie Winfrey, d.b.a. Sabaku Located at 90 East Center Street 5-4 Approval of a Request for Use of Swanny City Park by Jim Mattingly on April 23 and 24, 2010 for the April Action Car Show Page 7 of 117 5-5 Approval of a Special Business Event License for Jim Mattingly, d.b.a. April Action Car Show to Conduct a Classic Car Show on April 23 and 24, 2010 5-6 Approval of Proposed Ordinance #2010-08 — An Ordinance Vacating a Portion of Phase One of the Haciendas Subdivision and Approving the Construction of Specific Public Improvements and Construction Costs 5-7 Approval of Proposed Ordinance #2010-10—An Ordinance Amending Moab Municipal Code Section 5.20 Pertaining to Alcoholic Beverages 5-8 Approval of the Two Bridges Bid Award 5-9 Approval of the Mill Creek Drive Bike Lane and Pavement Rehabilitation Bid Award 5-10 Approval of the Mill Creek Drive Bike Lane and Pavement Rehabilitation Contract 5-11 Approval of the Preserve Subdivision Final Plat, Phase I 5-12 Approval of the Preserve Subdivision Improvements Agreement 5-13 Approval of a Trust Deed for the Preserve Subdivision Improvements Agreement 5-14 Approval of the Preserve Subdivision Protection Strip Dedication 5-15 Approval of Amendment #1 to the Agreement for the Installation of Public Utility Improvements — Extension of City Sewer System Associated with the North Area Trunk Sewer Project 5-16 Approval of the Reclassification of One Parks Service Worker II Position to Safety Specialist SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 8 of 117 MOAB CITY COUNCIL REGULAR MEETING March 23, 2010 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Sarah Bauman, Jeffrey Davis, Kirstin Peterson and Gregg Stucki; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Engineer Dan Stenta, Public Works Director Brent Williams and Planning Director Jeff Reinhart. REGULAR MEETING & ATTENDANCE Mayor Sakrison called the Regular City Council Meeting to order at 7:00 CALL TO ORDER PM and Citizen B.D. Howard led in the Pledge of Allegiance. Twenty (20) members of the audience and media were present. Councilmember Bailey moved to approve the minutes of November 16 and 24, 2009, December 15 and 23, 2009 and March 9, 2010. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Citizens to be Heard, Tommie Ossana spoke representing her mother Joyce Victor. Ms. Ossana stated that she had been working with the City to see what needs to be completed on the Haciendas project. Ms. Ossana stated that she had discussed with both Joyce Victor and Jared Rasmussen that the residual escrow funds were supposed to revert back to Joyce Victor and that Ms. Victor has not received any compensation and her property had been destroyed. Ms. Ossana stated that there was some confusion regarding the work that was needed to be completed in order for a Certificate of Occupancy to be issued. Ms. Ossana stated that no additional funds were coming back to Ms. Victor and Ms. Ossana asked the City to complete the minimal work necessary in order for the certificate of occupancy to be issued to Joyce Victor. Ms. Ossana stated that she was disappointed that the issue was going to be tabled by the Council and that she won't be able to be involved in this matter to help Ms. Victor since she was leaving town. Howard Trenholme stated that he was a local resident and business owner and he thanked the City for all that the City does for its residents. Mr. Trenholme stated that he was disappointed that the City had been granting temporary business licenses in the downtown area. Mr. Trenholme stated that he had invested in a building and commercial kitchen and had created jobs for the community. Mr. Trenholme stated that he felt that the temporary businesses were undermining the permanent businesses' ability to be viable and if it wasn't addressed the community could have a slew of temporary businesses all over town. Mr. Trenholme stated that there had been a lot of talk about sustainability of our economy and it had been very difficult for businesses to remain open throughout the year. Wes Shannon stated that he owned the Love Muffin Cafe and that he agreed with everything Mr. Trenholme had stated. Mr. Shannon stated that he had been required to have a parking agreement with the Bowen Motel, and his main concern with temporary businesses was parking as well as remodeling his building. Mr. Shannon stated that he had a problem with customers of temporary businesses eating pizza on APPROVAL OF MINUTES CITIZENS TO BE HEARD March 23, 2010 Page 9 of 117 Page 1 of 4 their cars in parking areas for his business and using the restrooms that he had to pay to remodel for their restaurant. Anthony Pantele stated that he is a resident and business owner and that his business is not located on Main Street. Mr. Pantele stated that a lot of his customers own business on Main Street. Mr. Pantele stated that he had gone to great lengths to survive the first two years and that it had been hard to stay open and provide services to the community. Mr. Pantele stated that seven months isn't temporary, it's a lease. Mr. Pantele concluded that businesses should invest in a building and that he was confident that the right decision could be made. A Community Development Department Update was not given. An Engineering Department Update was not given. Under Planning Department Update, Planning Director Reinhart previewed the Planning Commission agenda for that week. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Williams gave an update on the 500 West project and asked everyone to stay away from 500 West. Public Works Director Williams stated that the utility relocation was beginning and then the big construction would start. Public Works Director Williams stated that he had been receiving calls about the Street Sweeper and that his staff had been trying to sweep up the winter product off of the streets. Public Works Director Williams then stated that the annual Crack Seal Project had been completed. Councilmember Stucki asked about the construction taking place on MiVida Road. Public Works Director Williams stated that MiVida Road was being widened for the new school project. City Manager Metzler stated that the City would be participating with the School District for additional sidewalks for the new school. Councilmember Davis moved to approve a Moved -on Structure Permit for Chris Martinez and Bevin Protas, d.b.a. Tonatiuh, to Conduct a Food Vending Business March 26 to October 26, 2010 Located at 284 North Main Street. Councilmember Bauman seconded the motion. The motion carried 4-1 aye with Councilmember Peterson voting nay. Councilmember Stucki moved to approve a Moved -on Structure Permit for Sharee Carlson, d.b.a. Granny's Snack Shack to Conduct a Food Concessionaire Service at the Center Street Ballpark March 15 to October 15, 2010. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Moved -on Structure Permit for Jeep d.b.a. Creative Solutions, to Conduct Displays March 28 to April 3, 2010 Located at 290 South Main Street. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Bauman moved to approve a Moved -on Structure Permit for Shannon Clarke, d.b.a. Millenium Shades Sunglass Company to Conduct Retail Sales March 26 to April 8, 2010, Located at 391 South COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MOVED -ON STRUCTURE PERMIT FOR CHRIS MARTINEZ AND BEVIN PROTAS, D.B.A. TONATIUH AT 284 NORTH MAIN STREET, APPROVED MOVED -ON STRUCTURE PERMIT FOR SHAREE CARLSON, D.B.A. GRANNY'S SNACK SHACK AT THE CENTER STREET BALLPARK, APPROVED MOVED -ON STRUCTURE PERMIT FOR JEEP, D.B.A. CREATIVE SOLUTIONS AT 290 SOUTH MAIN STREET, APPROVED MOVED -ON STRUCTURE PERMIT FOR SHANNON CLARKE, D.B.A. MILLENIUM SHADES SUNGLASS CO. AT 391 SOUTH MAIN STREET, March 23, 2010 Page 10 of 117 Page 2 of 4 Main Street. Councilmember Stucki seconded the motion. The motion APPROVED carried 4-1 aye with Councilmember Peterson voting nay. Councilmember Stucki moved to approve a Moved -on Structure Permit for Josh Reeder, d.b.a. Desert Sno Shave Ice, LLC, to Conduct a Snow Cone Vending Business Located at 83 South Main Street from May 1 to September 1, 2010. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Local Consent of an On - Premise Beer License for Frankie Winfrey, d.b.a. Sabaku Restaurant, Located at 225 South 400 East. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Request by Jasper Groff for an Amplified Music Event at Old City Park on May 8 and 9, 2010. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Conservation Easement from Portal Vista, LLC. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Request for a Waiver of Building Permit Fees for Moab Valley Health Care in an amount not to exceed $9,929.66. Councilmember Stucki seconded the motion. Councilmember Bailey stated that he serves on the Moab Valley Health Care Board in an uncompensated position. The motion carried 5-0 by a roll -call -vote. Councilmember Peterson moved to approve a Lease and Services Agreement by and between the City of Moab and the Humane Society of Moab Valley. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Consulting Services Agreement with PSOMAS for Lions Park Planning and Design Services. Councilmember Peterson seconded the motion. The motion carried 5- 0 aye. Councilmember Bauman moved to table Approval of Proposed Ordinance #2010-08—An Ordinance Vacating a Portion of Phase One of the Haciendas Subdivision and Approving the Construction of Specific Public Improvements. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Boundary Line Adjustment for Greg Gorman, for Property Located at 618 Locust Lane. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Boundary Line Adjustment for Gerald White, for Property Located at 593 East Center Street in the R-2 Residential Zone. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Bauman moved to approve Proposed Resolution #09- 2010—A Resolution Approving an Interlocal Agreement as to the MOVED -ON STRUCTURE PERMIT FOR JOSH REEDER, D.B.A. DESERT SNO SHAVE ICE, LLC. AT 83 SOUTH MAIN STREET, APPROVED LOCAL CONSENT OF AN ON - PREMISE BEER LICENSE FOR FRANKIE WINFREY, D.B.A. SABAKU RESTAURANT AT 225 SOUTH 400 EAST, APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARK FOR JASPER GROFF ON MAY 8 AND 9, 2010, APPROVED CONSERVATION EASEMENT FROM PORTAL VISTA, LLC, APPROVED REQUEST FOR A WAIVER OF BUILDING PERMIT FEES FOR MOAB VALLEY HEALTH CARE NOT TO EXCEED $9,929.66, APPROVED LEASE AND SERVICES AGREEMENT WITH HUMANE SOCIETY, APPROVED CONSULTING SERVICES AGREEMENT WITH PSOMAS FOR LIONS PARK PLANNING AND DESIGN SERVICES, APPROVED PROPOSED ORDINANCE#2010- 08, TABLED BOUNDARY LINE ADJUSTMENT FOR GREG GORMAN AT 618 LOCUST LANE, APPROVED BOUNDARY LINE ADJUSTMENT FOR GERALD WHITE AT 593 EAST CENTER STREET, APPROVED PROPOSED RESOLUTION #09- 2010 - INTERLOCAL AGREEEMENT FOR AFFORDABLE HOUSING TASK March 23, 2010 Page 11 of 117 Page 3 of 4 Creation and Administration of an Affordable Housing Task Force by and between Grand County, the City of Moab and the Housing Authority of Southeastern Utah. Councilmember Bailey seconded the motion. The motion carried 5-0. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that there would be a Joint City Council/Grand County Council Special Meeting on April 2, 2010 at 11:30 AM and that the first Council Budget Workshop would be on April 6, 2010 at 7:00 PM. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Stucki moved to pay the bills against the City of Moab in the amount of $377,354.92. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 8:08 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. FORCE, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT March 23, 2010 Page 12 of 117 Page 4 of 4 MOAB CITY COUNCIL SPECIAL WORKSHOP MEETING April 6, 2010 The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the City Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Sarah Bauman, Jeffrey Davis, Kirstin Peterson and Gregg Stucki; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison and Planning Director Jeff Reinhart. Twenty (20) members of the public and media were present. Councilmember Bailey moved to approve Proposed Ordinance #2010- 09 — An Ordinance Establishing a Six-month Temporary Land Use Regulation Prohibiting the Erection or Construction of any Moved -on Structure as Defined in Moab Municipal Code Chapter 5.64 with the condition that it be a six -week time frame instead of six-month. Councilmember Bauman seconded the motion. The motion failed 2-3 with Councilmembers Peterson, Davis and Stucki voting nay and Councilmembers Bailey and Bauman voting aye. City Manager Metzler made a presentation regarding the budget workshop between the Governing Body and City Department Heads for the Fiscal Year 2010-2011 for all funds. The following departments were discussed: Overview, Revenues, Planning, Recreation, Moab Arts and Recreation Center, Swimming Pool, Community and Economic Development, Sanitation, Building Inspection, Film Commission and Engineering. Discussion followed. Mayor Sakrison adjourned the meeting at 8:58 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE PROPOSED ORDINANCE #2010- 09, ESTABLISHING A SIX MONTH MORATORIUM ON MOVED ON STRUCTURES, WITH THE CONDITION OF SIX WEEKS INSTEAD OF SIX MONTHS, FAILED BUDGET PRESENTATION AND DISCUSSION ADJOURNMENT April 6, 2010 Page 13 of 117 Page 1 of 1 MOAB CITY COUNCIL SPECIAL WORKSHOP MEETING April 7, 2010 The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the City Council Workshop to order at 7:00 PM. In attendance were Councilmembers Kyle Bailey, Sarah Bauman, Jeffrey Davis, Kirstin Peterson and Gregg Stucki; City Manager Donna Metzler, Police Chief Mike Navarre, Animal Control Officer Randy Zimmerman and Public Works Director Brent Williams. City Recorder/Assistant City Manager Rachel Ellison arrived at 7:50 PM. City Manager Metzler made a presentation regarding the budget workshop between the Governing Body and City Department Heads for the Fiscal Year 2010-2011 for all funds. The following departments were discussed: Police, Animal Control, Drug Task Force, Animal Shelter, Streets, Safety, Parks and Class C Roads. Discussion followed. Mayor Sakrison adjourned the meeting at 8:58 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE BUDGET PRESENTATION AND DISCUSSION ADJOURNMENT April 7, 2010 Page 14 of 117 Page 1 of 1 CITY OF MOAB .ARBOR DAY PROCLAMA�I APRIL 30, 2010 2179-T REAS, in 1872, J. SterZing .Morton, the foun 6e set usidifor thepthnting f trees,. and- 2179-T REAS, trees reduce erosion, cut heating an andltiviflZife ha6itut, increaseprverty vas a , the .Mayor fAloa6 invites t ommu April.3o, 2010 at noon topkzn es eus I, Davie Sakthon, May the C or Dray in MoR6, 2ltuh andlu ullciti hereof I have hereunto set my harm and ca fAr6or Da_y,pYOoos °Zing costs,proaruce o euutify our commum top articivute in the .Soo IVest/Mif gat GZ .zspecialaluy en provid fooar until eeplunting event ek roRd6ri� e, �lou6, afb here6�April o, to support efforts topfznt andlcarefor this seal to be affixed on the 13th day of Davidl. Sa(rison, .Mayor Rachel on, CityRecorder LATE PAID: AMOUNT PAID: RECEIPT NO.: 3,o n 00 Zip S CITY OF MOAB LOCAL VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 f FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SURCHARGE: $40.00 (ATTACH COPY OF CURRENT CITY OR COUNTY LICENSE) LICENSE #: ZONE: C-3 BUSINESS NAME' BUSINESS MAILING AD e-mail address: /4 op M I. ►ALFA PIEN N Location(s) where business will be Attach statement of authorization fr Length of time and/or specific dates business will be conducted: Proposed hours of operation: 7- 4. -- 01_P/1% Goods, warps, ervices or m rchandise to be sold or offered fof sale: our�.�J �. -cue T /s k d n Tv �S e, 5 T`� bP� C v�rJ ✓v �/ : w:S ,-grr Sa /E . 1. f � � 0 e (7�v c»? S YIP.-e0d-G� 'ice 90;s5 ON ft, twe_, PHONE: � �y BUSINESS OWNERS NAME:y/ yj 117 d)0�5 35 2ap J'if� U r ZIP: 14/4'3 2 etiVerY Al CITY: n!r47 i/e yeti BUSINESS PHONE: 4/35 260-1� 4 IP: `Le-/6 7j_2 _tlfa_cd4 Nall 30 2 op OWNERS ADDRESS: 3910 c h4. 9.rslam S h /V OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: GONER'S SOCIAL SECURITY NUMBER: CITY: Z C__12 STATE: DATE OF BIRTH TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION 076THER (SPECIFY): 4/ , SAL E;; TM ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): - NPI.'E REGISTERED WITH THE STATE FOR TAX ID. ! c4 Z$.eilk /5 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 BF DELAYED. IT IS A CLASS'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. _jp/ /y. � a IMJE nNv1 A E 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. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. INVE ACRE _ O FILE THE PROPER REPO' - WITH T ATE OF UTAH. State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this9-5�Q, NOTARY PUBLIC HEREBY AGREE 10 CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Dale day of i\Ao-r 0-- v t b . BRENDA KERBY Notary Public State o1 Utah Comm. No. 576444 Mil COMM. Expires Nov 17, 2012 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 16 of 117 I I 5-1 OTY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 x FAX: (435) 259-4135 • FOR ZONING OFFICE USE ONLY PARKING: 12. 2E5ti0I17-1) MOAB CITY CODE: 11.01. SIGN PERMIT: 1'2)I MOVED -ON NECESSARY: YES IllJ NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: I/ r J 10 k NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: JKDy l4 j✓vjA-4 39?o _c/Ici,Auk, 5 n/ CITY: /4o�l, PHONE: 34) 2_66, ^ STATE: U % ZIP: BUSINESS NAME: BUSINESS LOCATI• ZONE: C _L ACTIVITY: P avi ( f !�. MOW �i ►1 i b , k C s\ 0,0 d 6 f 1 V4-1-1 `2. tii,2 vrl DETAILED DESCRIPTION OF BUSINESS +0 f-A fr.;15, 5,1.Q-t-i,_6e) 0.0d /141S. k.� Q„Lis w,4.41 p1'v -,. --k(1 ' iy0.4" pack_ . b. w✓e.._ Ate- S»4all L iv- ►s-r`5 Gri 5,4exr.- 3 Yta.gded -P-0 ‘' ,,(k...._ rI��s u Page 17 of 117 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 0 CLASS I FEE: CLASS II FEE: PRIVATE CLUB 0 CLASS III FEE: 0 CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: HOME ADDRESS: SOCIAL SECURITY NUMBER: Yl%l t_ IV1 fr6 DRIVER LICENSE NUMBER & S BUSINESS INFORMATION CITY: S-LC, DATE OF BIRTH: HOME PHONE: 20i (off 2- 12G 3 P: �u(v6, BUSINESS NAME: ataCV k,U, c BUSINESS ADDRESS: �Center BUSINESS MAILING ADDRESS: �Ve_ e,to7 Q5TY: 04046 SALES TAX ID #: BUSINESS PHONE: STATE: u 1 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE ❑ CLASS I CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Ret in o Act 1 • Will you also serve li ❑ No YES (Req 2. List brands of beer pr watacf, Lill�t r. ktl�ev�� II Beer on the premises licensed on draught and premises in accordance with the Liquor Control the dates specified. y weight)? Council prior to State approval.) thin the City of Moab: t5 C.lcufe✓-S OaI�J h/Y un0� j �(.bdlvl` ���tii � 5 aj pf pro �J *Beer application is for 3.2% by weight only. Also requires a State license. Page 18 of 117 / io7 CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. Signature o pplicant Signature of Witness State of Utah ) County of;'« 7,0 ) On the / day of z Firaukte JO /VA - Print Name of Applicant < Date ate lr Take 51(Ye diem Print Name of Waess �G- 5 moo`/D , personally appeared before me the same. 01: ublic JULIE SINGHAM 1365 East 5560 south Salt ,aka City, Utah 64117 State of Utah My Commission Expires: Da , who duly acknowledged to me that they executed otary Public - Residing in: S « ,4,,c County 5-2 Page 19 of 117 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicant's Signature STATE OF UTAH ) s7t/ r- _ : ss COUNTY OF ktte— 1 VX , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above n: med; that he /sloe -has read the foregoing application, and knows and understands the contents thereo , that the same is true to his/ham own knowledge. Subscribed and sworn to before me on this 14 day of f"-: Notam Public JULIE STRINUHAM 1355 Eaet 5350 South 117 My LakeCommission O s4 Expires November 7 2010 State of Utah Notary Public 5-2 Page 20 of 117 "LIMITED RESTAURANT LICENSE" LOCAL CONSENT Attn: DABC Licensing & Compliance Section VIA.00th Date: , [K] City [ ] Town [ ] County hereby grants its consent to theissuanceof a limited restaurant license to: Business Name: J c ool r-1, r r Applicant / Business Owner: -Tail;� j �2 , I I TV c Location Address: it(//enr Pursuant to the provisions of Utah Code 32A-4, Part 3, this license allows for the storage, sale and consumption of wine / beer on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32A-4-302 (4)(c)(i)(A), the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. A city, town, or county's own form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic beverage Control PO Box 30408 Salt Lake City, UT 84130-0408 5-3 Effective May 12, 2009 (v.2.18.10) Page 7 oP4114e 21 of 117 Date: "ON -PREMISE (Non -Tavern) BEER LICENSE" LOCAL CONSENT Attn: DABC Licensing & Compliance Section , DU City [ ] Town [ ] County hereby grants its consent to the issuance of an on -premise beer (non -tavern) retailer license to: Business Name: S a lac, ku Applicant / Business Owner: -ya k 0-1 Location Address: Pursuant to the provisions of Utah Code 32A-10, Part 2, this license allows for the storage, sale and consumption of beer on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Ut a local authority also grants consen o a vanance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. A city, town, or county's own form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control PO Box 30408 Salt Lake City, UT 84130-0408 Eff. 5.12.09 (ver. 2.18.10) page 6 of gjage 22 of 117 4-6-10 Moab City Council Dear Council Members: I would like to request the use of Swanney City Park for the 2010 April Action Car Show. We would use the park on Friday, April 23, for registration, Saturday, April 24, for the show event, and Sunday morning, April 25 fort hours. Thank you for your continued support of this, the 18th annual , car show. Sincerely ,'*Jim Mattin Page 23 of 117 DATE PAID: T/ q /j 0 AMOUNT PAID: d. oo RECEIPT NO.: d' 735 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mom, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 PLUS (CHECK ONE): El TRANSIENT ($80): OR In CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: 00 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: AFA r/ CAA. Sl e ) G. Y „es4,e4 g5:11-ite TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: /!D 'race/fir 7� s ANTICIPATED # OF EVENT PARTICIPANTS: 1.700 NUMBER OF VENDORS PARTICIPATING: ,O TYPES OF VENDORS PARTICIPATING IN EVENT: �- 7,.a-, EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGE'S, EVENT SPONSOR'S NAME: ��7 PHONE: 47v 7"—C.e.""J, SPONSOR'S ADDRESS: CITY: D �✓ STATE [�T ZIP: cf S,� SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP RPORATION OOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID 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. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF ALL^ICEN,SE WILL BE DELAYED. UW�E 1� `v ""��‘, L� �HEREBY AGREE_ TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT (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. LANE UNDERSTAND THIS LICENSE IS NON-TRANSFERAE :. AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (Sf ONSOR). I GR - 0 FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Igna r::-sponsor 'State of Utah ) 6 J ) County of Grand ) SS c � SUBCRIBED AND SWORN to before me this O day of OEF r 1 «, 7�� aaFa NOTARY PUBLIC c.. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 24 of 117 5-3 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: i::. 1 ..M i• MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL 0 Ie- 12tQUIWU ❑ YES ❑ YES REVIEWED BY ; t ZONING ADMINISTRATOR: T It No *No DATE: ` ' , - ( O 1 NAME OF APPLICANT: /J /fir APPLICANT'S MAILING ADDRESS: _A `�2 CITY: A7Q1st. PHONE: aoZOr STATE: zzi_ LIP: BUSINESS NAME: T � 1 ‘4) — BUSINESS LOCATION: e//7r ZONE: X DETAILED DESCRIPTION OF BUSINESS ACTIVITY: A Page 25 of 117 1 A t 1 t 1 r !> t f BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UTAH THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO OMNI PRODUCTIONS INC LICENSE NO. 1829 Not Transferable LICENSE TYPE: PROFESSIONAL FROM":. JULY 1, 2009 EXPIRES: JUNE 30, 2010 ADDRESS: 115 W 200 S STE 1 & 2 In conformity with the ordinances of the City of Moab, Utah, to conduct a VIDEO PRODUCTION business located within the City of Moab, Grand County, State of Utah commencing on the 1ST day of JULY 2009 and ending on the 30TH day of JUNE 2010 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $40 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 this 1ST day of JULY 2009. (� r CITY R t) 5-3 Page 26 of 117 City of Moab Planning and Zoning Department Correspondence PL-10-044 March 23, 2010 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Approval of Ordinance #2010-08, an Ordinance Vacating a Portion of Phase One of The Haciendas Subdivision and Approving the Construction of Specific Public Improvements and Construction Costs Background On March 23, 2010, Council was presented with Ordinance #2010-08 for the vacation of The Haciendas Subdivision. Four attachments accompanied the ordinance and were comprised of: 1 An Amended Plat in Exhibit A 2 A description of the improvements in Exhibit B 3 A graphic description of the extent of the improvements in Exhibit C 4 A cost worksheet description of the improvements in Exhibit D. The portions of the plat that will be retained include the dedicated rights -of -way of Bonita Street and Mill Creek Drive and Lots 1 a and lb of Phase One. The balance of this first phase will revert to a single larger tract that encompasses the rest of the property that was subdivided by an approved preliminary plat. The preliminary plat has expired because a final plat was not submitted for approval within the time period of one year. Adoption of Ordinance #2010-08 was tabled due to an issue over the $117,727.00 estimated costs of the construction. City staff members reviewed the estimates and were able to reduce the total by $13,680.00 for a total of $102,078.00. The notable changes include: the site work of filling the detention basin ($8400.00), the associated changes to the manhole elevations in that area ($1600.00), adjustments to the building sewer service line extensions ($1980.00), and the curb inlet structures ($900.00). A drive approach proposed for an additional parking area for the occupied unit has also been abandoned. This unit will have very minimal on street parking because the street extension that would allow more on street parking will be limited due to the encroachment of the original structure in the right-of-way. This original structure was scheduled to be demolished so that the street could be extended into the subsequent proposed phases.Other savings may be realized as construction proceeds and those funds will be held in the escrow account until the project is completed. Page 27 of 117 Moab City Council PL-10-044 March 30, 2010 The Haciendas Vacation Ordinance #2010-00 Page 2 of 2 Ordinance #2010-08 establishes the reasons for the vacation and what portion of the plat will remain. The attached exhibits set out the extent of the construction of public improvements and the associated costs and an Encroachment Permit for the original structure will be granted for a period not to exceed three years from the date of the approval of the ordinance. The attached amended plat will be recorded with Grand County and will provide the final step to allowing the city to initiate construction of the improvements. Recommendation Staff recommends that Council approve Ordinance #2010-08 with the revised Exhibit D that show an amount of $102,078.00. p:\planning department \2010\correspondence\p1-10-044ard 2010-08 haciendas vacate.docz 5-6 Page 28 of 117 GZTY Oly, MOAB Exhibit "D" SUBDIVISION IMPROVEMENTS COST WORKSHEET (REVISED) PROJECT NAME: The Haciendas Subdivision Phase 1. Amended - Revised due to default PHASE e: Category Sub -category stem # Item description Unit Unft Price Quantity Price 1 Site Work Restoration of Site 1.0 Remove and dispose site debris Lump $ 1,500.00 1 $ 1,500 1.1 Grade site as necessary to achieve stable & even slopes Lum p $ 1,20000 t $ 1,200 Screening Fence 1.2 Construct retaining wall / screening fence assembly Lin. Ft. $ 72.00 230 $ 16,560 Landscaping 1.3 Install irngation system for front yard Units 1a & 1b Lump $ 900.00 2 $ 1,800 1.4 Prep and seed lawn area Sq. Yd. $ 5.00 120 $ 600 2 Sewer System Main and service stubs to lots 2.0 Install 8' dia. sewer main Lin. Ft. $ 19.00 100 $ 1,900 2.1 Install 48' dia. concrete sewer manhole Each $ 1,200.00 2 $ 2,400 2.2 Install 4' dia. sewer service line Lin. Ft. $ 18.00 56 $ 1,008 2.3 Fumish & Install deanout assembly Each $ 150.00 3 $ 450 3 Culinary Water System Main and service stubs to lots 3.0 Construct connection to GWSSA system Lump $ 4,800.00 1 $ 4,800 3.1 Patch asphalt pavement Lump $ 1,100.00 1 $ 1,100 3.2 Install 8' dia. water main Lin. Ft. $ 19.00 145 $ 2,755 3.3 Furnish and Install fire hydrant assembly Lump $ 2,400.00 1 $ 2,400 3.4 Install fire hydrant assembly Lump $ 600.00 1 $ 600 3.5 Install 3/4' dia. service connection Each $ 425.00 3 $ 1,275 3.6 Furnish and Install water meter Each $ 300.00 2 $ 600 Restore service to existing house, connect new units 3.7 Relocate water meter Lump $ 750.00 1 $ 750 3.8 Abandon existing service connection Lump $ 200.00 1 $ 200 3.9 Furnish and Install 3/4' water line Lin. Ft. $ 21.00 120 $ 2,520 4 Storm Drainage System Roadway Drainage 4.0 Furnish and Install curb inlet structure Each $ 1,800.00 1 $ 1,800 4.1 Furnish and Install concrete junction structure Each $ 1,500.00 1 $ 1,500 4.2 Install 15' dia. culvert pipe Lin. Ft. $ 19.00 260 $ 4,940 4.3 Connection to existing storm drain manhole Each $ 350.00 1 $ 350 5 Roadway Improvements Road paving 5.0 Prepare roadway subgrade Sq. Yd. $ 0.85 600 $ 510 5.1 Furnish and Install aggregate sub -base Sq. Ft. $ 0.60 3,400 $ 2,040 5.2 Furnish and Install aggregate base course Sq. Ft. $ 0.80 3,400 $ 2,720 5.3 Furnish and Install bituminous surface course Sq. Ft. $ 1.80 3,400 $ 6,120 Curb, gutter & sidewalk 5.4 Construct 4' concrete sidewalk Sq. Ft. $ 4.00 1,240 $ 4,960 5.5 Construct 30' concrete surb & gutter (standard) Lin. Ft. $ 26.00 140 $ 3,640 5.6 Construct sidewalk ramp Each $ 650.00 2 $ 1,300 Signage 5.7 Furnish and Install traffic sign Each $ 120.00 3 $ 360 6 Other Other utilities to all units 6.0 Furnish and Install power service connection Each $ 600.00 2 $ 1,200 Furnish & Install telephone service connection Each $ 200.00 2 $ 400 Furnish & Install gas service connection Each $ 400.00 2 $ 800 Miscellaneous construction costs Construction Surveying Lump $ 2,200.00 1 $ 2,200 Quality Assurance testing Lump $ 600.00 1 $ 600 Estimated Construction Cost 10%Construction Contingency Construction Total Construction Administration and Oversight (4% of construction cost) Engineering Design for Plan Revisions Subdivsion Plat Preparation Sewer Connection Impact Fee Water Connection Impact Fee Grand Total 79,858 7,986 87,844 3,514 760 600 4,860 4,500 $102,078 5-6 Page 29 of 117 EXHIBIT D SUBDIVISION IMPROVEMENTS COST WORKSHEET PROJECT NAME: The Haciendas Subdivision PHASE #: phase 1. Amended - Revised due to default :ategory Sub -category Rem # Item description Unit Unit Price Quantity Price Site Work Restoration of Site 1.0 Remove and dispose site debris Lump $ 1,500.00 1 $ 1,500 1.1 Place fill material to fill unfinished detention basin Cu. Yd. $ 3.50 2,400 $ 8,400 1.2 Grade site as necessary to achieve stable & even slopes Lump $ 1,200.00 1 $ 1,200 Screening Fence 1.3 Construct retaining wall / screening fence assembly Lin. Ft. $ 72.00 230 $ 16,560 Landscaping 1.4 Install irrigation system for front yard Units 1 a & 1 b Lump $ 900.00 2 $ 1,800 1.5 Prep and seed lawn area Sq. Yd. $ 5.00 120 $ 600 Sewer System Main and service stubs to lots 2.0 Install 8' dia. sewer main Lin. Ft. $ 19.00 100 $ 1,900 2.1 Install 48' dia. concrete sewer manhole Each $ 1,200.00 2 $ 2,400 2.2 Install 4' dia. sewer service line Lin. Ft. $ 18.00 56 $ 1,008 2.3 Furnish & Install deanout assembly Each $ 150.00 3 $ 450 Building Sewer 2.4 Install 4' dia sewer service line (portion outside R/W) Lin. Ft. $ 18.00 110 $ 1,980 Culinary Water System Main and service stubs to lots 3.0 Construct connection to GWSSA system Lump $ 4,800.00 1 $ 4,800 3.1 Patch asphalt pavement Lump $ 1,100.00 1 $ 1,100 3.2 Install 8' dia. water main Lin. Ft. $ 19.00 145 $ 2,755 3.3 Fumish and Install fire hydrant assembly Lump $ 2,400.00 1 $ 2,400 3.4 Install fire hydrant assembly Lump $ 600.00 1 $ 600 3.5 Install 3/4' dia. service connection Each $ 425.00 3 $ 1,275 3.6 Furnish and Install water meter Each $ 300.00 2 $ 600 Restore service to existing house, connect new units 3.7 Relocate water meter Lump $ 750.00 1 $ 750 3.8 Abandon existing service connection Lump $ 200.00 1 $ 200 3.9 Fumish and Install 3/4' water line Lin. Ft. $ 21.00 120 $ 2,520 Storm Drainage System Roadway Drainage 4.0 Install curb inlet structure Each $ 450.00 2 $ 900 4.1 Fumish and Install curb inlet structure Each $ 1,800.00 1 $ 1,800 4.2 Furnish and Install concrete junction structure Each $ 1,500.00 1 $ 1,500 4.3 Install 15' dia. culvert pipe Lin. Ft. $ 19.00 260 $ 4,940 4.4 Connection to existing storm drain manhole Each $ 350.00 1 $ 350 4.5 Raise storm drain manhole to grade Each $ 400.00 4 $ 1,600 Roadway Improvements Road paving 5.0 Prepare roadway subgrade Sq. Yd. $ 0.85 600 $ 510 5.1 Furnish and Install aggregate sub -base Sq. Ft. $ 0.60 3,400 $ 2,040 5.2 Furnish and Install aggregate base course Sq. Ft. $ 0.80 3,400 $ 2,720 5.3 Furnish and Install bituminous surface course Sq. Ft. $ 1.80 3,400 $ 6,120 Curb, gutter & sidewalk 5.4 Construct 4' concrete sidewalk Sq. Ft. $ 4 00 1,240 $ 4,960 5.5 Construct 30' concrete surb & gutter (standard) Lin. Ft. $ 26.00 140 $ 3,640 5.6 Construct flared driveway approach Each $ 800 00 1 $ 800 5.7 Construct sidewalk ramp Each $ 650 00 2 $ 1,300 Signage 5.8 Furnish and Install traffic sign Each $ 120.00 3 $ 360 Other Other utilities to all units 6.0 Furnish and Install power service connection Each $ 600.00 2 $ 1,200 Furnish & Install telephone service connection Each $ 200.00 2 $ 400 Furnish & Install gas service connection Each $ 400.00 2 $ 800 Miscellaneous construction costs _ Construction Surveying Lump $ 2,200.00 1 $ 2,200 Quality Assurance testing Lump $ 600.00 1 $ 600 Estimated Construction Cost 10%Construction Contingency Construction Total Construction Administration and Oversight (4% of construction cost) Engineering Design for Plan Revisions Subdivsion Plat Preparation Sewer Connection Impact Fee Water Connection Impact Fee Grand Total 93,538 9,354 $ 102,892 4,116 760 600 4,860 4,500 $117,727 Page 30 of 117 ORDINANCE # 2010-08 AN ORDINANCE VACATING IN PART PHASE ONE OF THE SUBDIVISION PLAT FOR THE HACIENDAS SUBDIVISION WHEREAS, the City of Moab approved the Haciendas Subdivision and an Official Plat for Phase One and said plat was recorded on January 9, 2008 at Book 717, Page 544 ("Plat") of the Grand County land records; and WHEREAS, the City of Moab (City) and Jared Rasmussen ("Developer") entered into a Subdivision Improvements Agreement ("SIA"), dated January 8, 2008, providing for the construction of certain improvements pursuant to the approval of the Haciendas Subdivision; and WHEREAS, the Developer has failed or refused to construct or complete all of the improvements specified in the SIA and development approvals, constituting a default under the SIA and the conditions of approval, and has failed to cure same after delivery of written notice; and WHEREAS, U.C.A. § 10-9a-608 authorizes a municipality to institute proceedings to vacate a subdivision plat, and the SIA specifically authorizes plat vacation as a remedy upon breach by the Developer; and WHEREAS, Resolution #06-2010, approved by the City Council on February 23, 2010, declared the developer to be in default of the Subdivision Improvements Agreement; and WHEREAS, the City has provided notice to interested parties, received the recommendations of City Staff, and is fully advised; and WHEREAS, the City finds that the public interest will be served by the partial vacation of the plat as specified herein, and that no party will be unfairly prejudiced; and WHEREAS, in accordance with UCA 10-9a-609, the City may approve the vacation, alteration, or amendment by signing a plat showing the vacation, alteration, or amendment if no public street, right-of-way, or easement has been vacated or altered; and WHEREAS, in accordance with UCA 10-9a-609.5, a public hearing in accordance with Section 10-9a-208 is required to be held only if a plat amendment contains a vacation of some or all of a street, right-of-way, or easement; and, WHEREAS, the partial vacation as specified herein does not contain a vacation of all or some of a street, right-of-way and so a public hearing is not required; and WHEREAS, the City of Moab, in its discretion, has the authority to construct all or a selected portion of the required improvements to satisfy the completed development in Phase One; and Wage 5-6 Page 31 of 117 WHEREAS, the extension of the utility services will be obstructed by an existing structure that partially lies within the dedicated right-of-way of Bonita Street; and WHEREAS, the developer and all affected property owners are in unanimous agreement that this partial vacation is in the best interests of all parties as evidenced by the attached signed affidavit. THEREFORE, THE CITY OF MOAB ENACTS AS FOLLOWS: 1. The City hereby vacates in part, Phase One of the Subdivision Plat for The Haciendas Subdivision according to the attached plat called "The Haciendas Subdivision Phase 1, Amended". Phase one shall be vacated with the exception of Lots lA and 1B and the dedicated rights -of -way for Bonita Street and Mill Creek Drive. The vacation (the "Vacated Tract") is described as follows: BEGINNING AT A CORNER WHICH BEARS N7946'00"W 1667.34 FT., THENCE N61°03'00"E 388.84 FT. FROM THE EAST 'A CORNER OF SECTION 7, T 26 S, R 22 E, SLM, AND PROCEEDING THENCE N61°03'00"E 213.83 FT., THENCE 528°32'00"E 87.75 FT., THENCE S28°11'39"W 12.44FT., THENCE 561°03'00"W 202.72 FT., THENCE N28°57'30"W 94.50 FT. TO THE POINT OF BEGINNING, ALSO: BEGINNING AT THE NW CORNER OF LOT 15A OF THE HACIENDAS SUBDIVISION, PHASE ONE, SAID CORNER BEARS N74°34'43"W 1299.76 FT. FROM THE EAST % CORNER OF SECTION 7, T 26 S, R 22 E, SLM, AND PROCEEDING THENCE N61°03'00"E 227.41 FT., THENCE S84°46'20"E.13.11 FT., THENCE S28°32'00"E 125.25 FT., THENCE 565°49'00"W 245.88 FT., THENCE 523°33'00"E 131.89 FT., THENCE S66°25'16"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 WHICH BEARS N76°08'17"W 15.00 FT.), THENCE N13°51'43"E 55.06 FT., THENCE N28°57'30"W 87.68 FT., THENCE N61°03'00"E 106.00 FT., THENCE N28°57'30"W 94.60 FT., TO THE POINT OF BEGINNING. 2. All prior land use approvals, plat designations, and other development entitlements with respect to the Vacated Tract are terminated and deemed void. The preliminary plat dated June 14, 2007 is void and of no further effect. 3. To clarify the extent of the plat vacation and the construction costs of the proposed improvements the following attached exhibits are hereby approved and accepted for recording. a. An Amended Plat which excludes the Vacated Tract is accepted for recording, as set forth in Exhibit A. b. A description of the improvements as set forth in Exhibit B. c. A description of the improvements as set forth in Exhibit C. d. A cost worksheet description of the improvements as set forth in Exhibit D. 4. The City of Moab, Public Works Director shall issue an Encroachment Permit for the existing structure situated within the public right-of-way of Bonita Street that shall expire upon removal of the structure or in a period of time not to exceed three (3) years from the date of approval of Ordinance 2010-08, whichever is less. One extension may be granted at the Director's discretion for a period of not more than one (1) year. 21Page 5-6 Page 32 of 117 5. This ordinance shall take effect immediately and be recorded in the Grand County land records. It shall continue in effect until repealed, and shall be binding upon the Developer, its successors, and assigns. Passed and adopted by the City Council upon the affirmative vote of a majority of the Council in open session on March 23, 2010. Signed: Mayor David Sakrison Attest: Rachel Ellison, City Recorder Date p:\planning department \2010\ordinances \ord 2010-08 haciendas plat vacation.docx Wage 5-6 Page 33 of 117 tpow033N Aion00 331- 3aYd -M000 - 334 IMO 30 uano36 3111 111 030140311 �!D 03 wan A Inas 'ON 1130H03321 A1N003 A3Ntl011Y -oL "aY D WO- SaLL M. 01 SY 033014.6 WHOA 01. SY 1YAO1lddY 1106Ng6n5 '-131 'OY 1S311Y MAO.. ONV 03143001, SY. !0 AYO- SOIL 3111 01 03111353161 TYA09ddY TION003 A113 3100 1 10 S{0 NI 3W NO 013/. 11011{ Nlw 30.31100. M OO 103.30 SI 11 01. 30160 S. All 031YN53 033315 SY MILL OVS OMY 1V141 SML OYN 33. 11V10 AILLYYI A0110/1 1 1VA09d0 S999NION9 ASI3 N06S0000 ONNNVL NVIOIVIO 146031100 011.6161 A. 03 'aY A Ara sus a31ON3Y 31Y0IdLLH30 NOISSIWW03 ONINNYTd A6 ' os 'ay A WO sw 03.1.01 TYAONddY =MY OIIHOd MNt A{ 03.310 MW1 Y.. 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IOan 03506S3101 100ILL 9N 3.01.1133 OON I MI/ OIV 'YOam= OIV1 NYln 0303/S03M Y IIY 11.1 A101130 AW10N 00 ' WOW 'W ANLOwI 1 31VOL9LLH33 S1210AMiRS Y(1Y1w 11 TWOS 0111090 d a wY. 1I01.0.00 DO 1 0 as 3, al d.a Arend am a30Y 3n . I0.a043310111 .01 6..1 UN303'I •u IN{RYJ sanon.,OY K a0ya m13.w.1 a Hvin 'A1N(100 ONV210 .A110 SVOW 'WlS '3 ZZ 2J 'S 9Z 1 'L NOLL035 4/1.3N 3H1 NIH11A1 11V '1Vld A8VNIWI1321d 03AONddV 3H1 NIHILN SONVI 1N30vf OY ONY 13SYHd d0 SN01180d 031Y0YA ON10010N1 GaGNHIAIV NOISIAIGE11S SVGNRIDVH �H1L d0 1Vld 1VNl3 V Page 34 of 117 d 1181HX3 EXHIBIT B Table of Subdivision Improvements to be Completed Using Escrow Monies # Description of Improvement Quantity Purpose/Need Who Owns, Operates, and Maintains — Long Term 1 Site Work 1.1 Site clean-up N/A Site restoration to pre -project conditions N/A 1 2 Site grading - Perform site grading necessary to reclaim disturbed areas, and achieve safe and stable slopes that comply with throughout project area 1 lump Site restoration to pre -project conditions N/A 1.3 Construct retaining wall/fencing along north property boundary from Mill Creek Drive R/W (approx.) westward to existing fence. 2401f Requirement of Conditional Use Permit Lot Owner 1.4 Install landscaping (incl. irrigation) for front yard area of Lots la & lb 21ump Requirement of Conditional Use Permit Lot Owner 2 Sewer System 2 1 Sewer main - Install sewer main from existing system located in Mill Creek Drive to the point located on plan. (Exhibit C) 1601f Required public improvements for all subdivisions GWSSA 2.2 Sewer services - Install sewer service line from new main to edge of public R/W 3 lump Required public improvements for all subdivisions GWSSA 2.3 Sewer services - Install sewer service line from edge of R/W to building sewer 3 lump Required to obtain a Certificate of Occupancy for existing_units Lot Owner 3 Culinary Water System co 1 Water main - Install culinary water main from existing system located in Mill Creek Drive and to the point located on plan. (Exhibit C) 2251E Required public improvements for all subdivisions GWSSA 0 2 Fire Hydrant — Install fire hydrant connect to culinary system at locations shown on plan (Exhibit C). 2 each Required public improvements for all subdivisions GWSSA 3.3 Water services - Install standard residential water service line from new main to new meter located at edge of public R/W 3 lump Required public improvements for all subdivisions GWSSA 3.4 Water services — Install water service line from meter to building system. 3 lump Required to obtain a Certificate of Occupancy for existing units Lot Owner 4 Storm Drainage System 4.1 Storm Drain Pipes — Install system of inlet(s) and pipe to capture stormwater runoff from new impervious areas to existing underground dry -well system. 1401f Required public improvements for all subdivisions Moab City 5 Roadway Improvements 5.1 Bonita Street — Construct city standard asphalt pavement section from Mill Creek Drive to west boundary (approx.) of Lot lb 90 If Required public improvements for all subdivisions Moab City 5 2 Bonita Street — Construct city standard curb, gutter and sidewalk along both sides of the shortened Bonita Street. 180 If Required public improvements for all subdivisions Moab City 5.3 Street Signage and Striping — Install all standard street signs and pavement striping as apply for Bonita Street. Lump Required public improvements for all subdivisions Moab City 6 Other. 6.1 Electrical Power Service — Install permanent electrical service connection to Lots la, lb, and existing house 3 lump Required to obtain a Certificate of Occupancy for existing units Rocky Mountain Power /Lot Owners 6 2 Communications Service - Install permanent phone and cable television service connection to Lots la, lb, and existing house 3 lump Required to obtain a Certificate of Occupancy for existing units precis Communications /Lot Owners 6.3 Natural Gas Service - Install permanent gas service connection to Lots la, lb, and x house 3 lump Required to obtain a Certificate of Occupancy for existing units Questar Gas/ Lot Owners 6.4 ac Fees for water & sewer service 1 each Required to legally connect new dwelling units to GWSSA system N / A rn EXISTING C EXHIBIT C NEW BLOCK RETAINING WALL W CHAL LINK FENCE BON/TA STREET N UNK FENCE \I�1 as =fin � 2 �*Al*� EXISTING STOR Sp RAIN 8 DSEp ENT10N SAND PROPOSED BII�l1:/pEpESTRIAN PATHW� qy -- \,b INF iAiibn ��� `! 411V teiiAe CITY OF MOAB ENGINEERING DEPARTMENT 217 E CENTER ST SUITE 220 MOAB, UTAH 84532 (455) 259-4941 vrm.moala y.or9 HACIENDAS SUBDIVISION REVISION PROPOSED IMPROVEMENTS Page 36_of 117 DATE: 3/18/2010 FILExcoma000rcan City of Moab Planning and Zoning Department Correspondence PH0-020 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 5-6 Page 37 of 117 Moab City Council PL-►0-020 February 17, HID The Haciendas Default Page 2 of 2 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 5-6 Page 38 of 117 ORDINANCE # 2010-10 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTION 5.20 PERTAINING TO ALCOHOLIC BEVERAGES WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Municipal Code to in regards to alcoholic beverages to maintain consistency with the State of Utah Alcoholic Beverages Control Act; and, WHEREAS, the State of Utah has made changes to the Alcoholic Beverages Control Act; and, WHEREAS, City Staff has identified that there are specific conflicts within the City's Alcoholic Beverages Code and the State of Utah Alcoholic Beverages Control Act. NOW, THEREFORE, BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT Title 5.20, specifically, is hereby amended as follows: 5.20.155 Club retail license. A club license shall entitle the licensee to sell liquor in accordance with state law. A. A club retail license shall entitle the licensee to sell beer in open containers, in any size container not exceeding two -liters and on draft, without obtaining a separate on -premise beer retailer license from the city of Moab. The club retail license shall serve as the alcohol and business license for the purposes of Moab City regulatory licensing and the term of which shall coincide with the calendar year. 5.20.250 Fees. Fees shall be adopted by Resolution by action of the Governing Body of the City of Moab. ARTICLE III. GENERAL REGULATIONS 5.20.031 Community Location A "Community location" means: (a) a public or private school; (b) a church; (c) a public library; (d) a public playground; or (e) a public park. 5.20.360 Location restrictions for beer sales. A. 1. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within six hundred feet of any public or private school, church, public library, public playground, or park, as measured by the method in subsection (A)(2) of this section. 2. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within two hundred feet of any community location measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the community location. Ordinance #2010-10 Page 1 of 2 Page 39 of 117 5-7 B. The restrictions of subsection (A) of this section govern unless one of the following exemptions applies: 1. The city council finds after full investigation that the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a Class I or Class II license. In that event, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, authorize a variance from the distance requirements to relieve the difficulties or hardships if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title. 2. With respect to the establishment of any Class I or Class II licensee in any location, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, reduce the proximity requirements, in relation to a church if the local governing body of the church in question gives its written approval. 3. With respect to any Class I or Class II license issued by the city council before July 1, 1991, to an establishment that undergoes a change in ownership after that date, the city council may waive the proximity restrictions of this section in considering whether to grant an on -premises retailer beer license to the new owner. C. With respect to any community location, the six hundred foot limitation is measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic to the property boundary of the community location. D. Nothing in this section prevents the city council from considering the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location. Effective immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 13, 2010. SIGNED: ATTEST: Rachel Ellison, City Recorder Ordinance #2010-10 David L. Sakrison, Mayor 5-7 Page 40 of 117 ARTICLE II. LICENSES 5.20.150 Retail license classification --Generally. Retail licenses issued under the provisions of this chapter shall be classified into the following types which shall carry the privileges and responsibilities hereinafter set forth in this chapter: Private Club Class I Class II Class III Class "Seasonal" (Ord. 99-09 (part), 1999: Ord. 94-14 (part), 1994) 5.20.155 Private Celub retail license. A private club license shall entitle the licensee to sell liquor in accordance with state law. A. A private club retail license shall entitle the licensee to sell beer in open containers, in any size container not exceeding two -liters and on draft, without obtaining a separate on -premise beer retailer license from the city of Moab. The private club retail license shall serve as the alcohol and business license for the purposes of Moab City regulatory licensing and the term of which shall coincide with the calendar year. (Ord. 03-10 (part), 2003; Ord. 99-09 (part), 1999) 5.20.250 Fees. Applications provided for in this chapter shall be accompanied by the fees hereinafter provided. All applicants will pay a two hundred fifty dollar nonrefundable administrative fee on the initial application only. License fees shall be deposited in the city treasury and Schedule of Fees TABLE INSET: Administrative application fees $250.00 (initial application) Class I license fee 350.00 (annually) Class II license fee 200.00 (annually) Class III license fee 200.00 (annually) Class "Seasonal" license fee 50.00 (monthly) The above license fees are per annum or any part thereof, except Class "Seasonal," which is per month or any part thereof.Fees shall be adopted, from time to time, by Resolution of the Governing Body of the City of Moab. (Ord. 94 14 (part), 1994) Page 41 of 117 ARTICLE III. GENERAL REGULATIONS 5.20.031 Community Location A "Community location" means: (a) a public or private school; (b) a church; (c) a public library; (d) a public playground; or (e) a public park. 5.20.360 Location restrictions for beer sales. A. 1. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within six hundred feet of any public or private school, church, public library, public playground, or park, as measured by the method in subsection (A)(2) of this section. 2. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within two hundred feet of any public or private school, church, public library, public playground, or parkcommunity location measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the pubes or private school, church, public library, public playground, or parkcommunity location. B. The restrictions of subsection (A) of this section govern unless one of the following exemptions applies: 1. The city council finds after full investigation that the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a Class I or Class II license. In that event, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, authorize a variance from the distance requirements to relieve the difficulties or hardships if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title. 2. With respect to the establishment of any Class I or Class II licensee in any location, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, reduce the proximity requirements, in relation to a church if the local governing body of the church in question gives its written approval. 3. With respect to any Class I or Class II license issued by the city council before July 1, 1991, to an establishment that undergoes a change in ownership after that date, the city council may waive the proximity restrictions of this section in considering whether to grant an on -premises retailer beer license to the new owner. C. With respect to any public or private school, church, public library, public playground, or parkcommunity location, the six hundred foot limitation is measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic, or where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground or parkcommunity location. 5-7 Page 42 of 117 D. Nothing in this section prevents the city council from considering the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location. For purposes of this subsection, "educational facility" includes nursery schools, infant day care centers, and trade and technical schools. (Ord. 94 14 (part), 1994) Page 43 of 117 To: Moab Governing Body From: David Olsen CC: Donna Metzler Date: April 6, 2010 RE: Bridges Bid Award Please put the following on the next City Council agenda: Approval of bridges bid award. Staff Recommendation: The City went to bid for two Mill Creek 35' X 8' bridges to be placed upstream of 500 West and at 300 West. The City received six very competitive bids and the two low bids were exactly the same ($35/800 total, see attached bid results). The City has placed Continental (Contech) bridges across Mill Creek at Rotary Park, Cross Trails Park and 100 West 100 South. The City placed an Excel bridge across Rotary Park connecting to the Hecla Subdivision, and across Pack Creek near the school district bus barns. The quality of Continental and Excel bridges are comparable and good. The representatives from Contech have been very helpful in providing bid specs and help. They come to Moab often to offer their services. The Excel representatives have also been good to work with in the past and seem to be a little faster for providing drawings and fabricating the bridges (see attached emails). We can either flip a coin at the City Council meeting or go with the faster delivery date of the bridges. Although it is not big difference, the faster delivery date will be my recommendation. I recommend the Excel bridges. Funding comes from the State of Utah Trails and Pathway program matched with City funds (account 2840004). Page 44 of 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Two Bridges Bid Bid Opening March 29, 2010 Name �9 � i d lle405c6.¢, i qCTO f tit 4oa j/ v;21950 ger ego aoo v 4 / Amount 24,35o l 24, 350 111 cl67) 17406 aa, 45o r oi0, $`}O ,2600q Present at Bid Opening: ?Voa.(4. GI, I SoV1 e.n 3/29/2010 :,pg 41'�%7 City of Moab Recorder's Offi Page 45 of 117 Page 1 of 1 David Olsen From: Mark Becker [markbecker@excelbridge.com] Sent: Monday, March 29, 2010 12:40 PM To: david@moabcity.org Subject: Moab, Utah Bridges.. Greetings David, it was nice chatting with you. Per our conversation, based on award to Excel Bridge Company, we would supply drawings for your bridges on the West Mill Creek Bridges project in one week and fabricate and deliver the bridges 8-9 weeks after final approval of drawings. Additionally, we will provide a close representative drawing showing what a very similar spread footing type foundation design should look similar to. Thanks and please let me know if there's anything additionally you need from us at this time. Otherwise we hope to hear from you soon and to work with you on this one! IMarf A. Becker Bridge Specialist EXCEL Bridge 9Kanufacturing Co. 320/762-1784 - Direct www.ezcelbrulge.com 4/6/2010 5-8 Page 46 of 117 Page 1 of 1 David Olsen From: Tueller, Tom [TuellerT@contech-cpi.com] Sent: Monday, March 29, 2010 12:52 PM To: David Olsen Cc: Dan Subject: Contech Bridge Lead -Time David — I look forward to working with you guys and supplying these bridges. Our standard lead-time on small ped bridges is 3-4 weeks for drawings and 8-10 weeks for fabrication. Our fiscal year ends June 30th and I'm pretty sure we could get these shipped prior to that date. Tom Tueller Contech Sales Engineer Cell-435-632-9566 tuellert@contech-cpi.com www.contech-cpi.com From: David Olsen [mailto:david@moabcity.org] Sent: Monday, March 29, 2010 1:08 PM To: Tueller, Tom Subject: Time Frame Tom, If we awarded the bridge bid to you, how long would it take to fabricate the bridges and send them to Moab? Do you also have a drawing time frame? David The information contained in this message may be confidential and/or proprietary, and legally protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and permanently deleting it from your computer Thank you, CONTECH Construction Products Inc. 4/6/2010 5-8 Page 47 of 117 enuillitotenatito To: Moab Governing Body From: David Olsen CC: Donna Metzler Date: April 7, 2010 RE: Mill Creek Drive Bike Lane and Pavement Rehab Bid Award Please put the following on the next City Council agenda: Approval of the Mill Creek Drive Pavement Rehabilitation and Bicycle/Pedestrian Access Bid. Staff Recommendation: Please award the bid to LeGrand Johnson Construction Company for $248,737.80. LeGrand was the only bidder. Project funds are in account 2840088. It includes $131,835 contribution from the State Trails and Pathways Program, $75,000 City match, $50,000 County Recreation District match and $65,000 Grand County match. The bid did not include installing the cantilever bridge on the Mill Creek Drive/Mill Creek road bridge. The cantilever is part of the project and should be installed in the near future. The project deadline is May 315t. Page 48 of 117 5-9 CONSTRUCTION CONTRACT This CONTRACT is made and entered into this 13th day of _April , 2010 by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and LeGrand Johnson Construction Company herein referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as Mill Creek Drive Pavement Rehabilitation and Bicycle/Pedestrian Access Improvements project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the 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: ARTICLE 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 either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. Official design prints and specifications furnished by or to the Contractor and approved by the City; c. Change orders, approved written instructions, and written contract amendments; d. Bid, Performance and Payment bonds; e. Notice of Award. ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Page 1 of 10 5-10 Page 49 of 117 Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the "Work"). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. a. Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. 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 within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than May 21, 2010. Liquidated damages for delay in the amount of $ 500 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and Page 2 of 10 5-10 Page 50 of 117 the Contract Documents, the sum of two hundred forty eight thousand, seven hundred thirty seven dollars and eighty cents ($ 248,737.80) ("Contract Price"). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: [insert payment schedule] Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price. b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the City to be finally complete and in conformity with the Contract Documents. c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 Bonds and Insurance. a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. Page 3 of 10 5-10 Page 51 of 117 c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: $1,000,000 CSL Each Occurrence $1,000,000 Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. Page 4 of 10 5-10 Page 52 of 117 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL $1,000,000 CSL 2. Property Damage: $1,000,000 CSL Each Person Each Accident Each Occurrence Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or off site. f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy. g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33. ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. Page 5 of 10 5-10 Page 53 of 117 b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal Compliance, Safety, 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 insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, Page 6 of 10 5-10 Page 54 of 117 and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor's employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non -breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Venue, Choice of Law, Interpretation. 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. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any breach of the terms of this contract the non -breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter. Page 7 of 10 Page 55 of 117 5-10 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: LeGrand Johnson Construction Company The City of Moab has caused this Contract to be subscribed by its Mayor and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: By: Mayor David Sakrison ATTEST: City Recorder (Seal) Contractor: Date: By: Title Title: State of Utah County of Grand On the day of , personally appeared before me Page 8 of 10 Page 56 of 117 ) § ) 5-10 , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 9 of 10 Page 57 of 117 Exhibit A PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 200 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the , project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: Page 10 of 10 Page 58 of 117 5-10 City of Moab Planning and Zoning Department Inter -office Correspondence PL-f0-048 April 8, 2010 Memo To: Honorable Mayor and Members of the Moab City Council From: City Staff Subject: Approval of the Final Plat for Phase One of the Preserve Subdivision Located in the R-2 Zone and Submitted by Ben Byrd, Applicant, on Behalf of the Property Owners, Dennis and Patricia Byrd, as Referred to Council by the Planning Commission Background, The Planning and Zoning Commission approved the Preliminary Plat for The Preserve Subdivision on November 12, 2009, for the development of the 18.6-acre Preserve Subdivision and review of the final plat for the 3.54-acre Phase I occurred on February 25, 2010. The proposed development will consist of four attached single family dwellings or twin homes (eight dwellings total) and three single family dwellings. The proposed lot sizes exceed the minimum dimensional requirements of 7,200 square feet or single family lots and 10,000 square feet for twin home lots in the R-2 Residential Zone. The lot sizes range from a lot size of 10,036 square feet to 16,639 square feet for the twin homes and 8,366 up to 15,788 square feet for the single family dwellings. Two small tracts, A and B, are currently defined as common open space although open space is not required in a standard subdivision. These two tracts total approximately .49 acre and will serve as protection strips for development on adjacent properties. It is proposed that the overall development will occur over five phases and is intending to target the housing demand for attainable housing with market prices anticipated to be in the low 200's and less. Through the adoption of Planning Resolution # 01-2010, the Commission recommends that Council approve the first phase of the subdivision with two conditions: 1. All issues raised in the Engineering Department Memo #10-03 (attached) shall be addressed to the city's satisfaction before the Final Plat will be presented to Council for review and approval. 2. An acceptable protection strip agreement shall be developed prior to submitting the final plat to Council. Of course a Subdivision Improvements Agreement will also need to be adopted by Council prior to the approval and recording of the plat for Phase One. Discussion Code Chapter 16.12, Sections 16.12.010 through 16.12.050 establish the application submittal and approval requirements for preliminary plats. The appropriate code sections are included for your convenience. Process The Planning Commission is authorized to review the final plat for compliance with any conditions that stated in the resolution approving the preliminary plat and the commission may find that additional conditions necessary to establish a recommendation to Council to approve the final plat. Page 59 of 117 Moab City Council The Preserve Subdivision Final Plat Review/Approval PL-10-048 April 8, 2010 2of2 Code chapter 16.16, Final Plat, establishes the standards for the preparation of the plat and outlines the review process that is followed by Council. Chapter 16.20.010 requires that the Zoning Administrator certify that the described improvements meet the minimum requirements of the city and recommendation of the city engineer, planning commission, city planner, fire department, public works director, and other agencies. At this time, the proposed improvements satisfy city requirements as stated in the Engineering Department Memo #10-03 (attached). Staff had recommended that the issues raised by this memo must be addressed to the city's satisfaction before the plat could be submitted to Council and that the engineered plans had to be approved by the appropriate city departments. Approval of the plat for Phase One will be the signal for staff to issue an order to proceed with construction if all is in order with the engineered construction plans. The Subdivision Improvements Agreement and Protection Strip Agreement must be recorded prior to the plat. Issues Staff had identified several issues referencing the layout of lots and rights -of -way and the preliminary plat and final plat for Phase One show changes that were required. The remaining issues stated in the Engineering Department's memo, related to the engineering and design of the infrastructure and were addressed in the planning commission's resolution. Also, an appropriate protection strip agreement has been generated by staff and the city attorney for presentation to Council. Alternatives The Council can: 1) Approve the final plat subsequent to the Subdivision Improvements Agreement and Protection Strip Agreement as submitted; 2) Approve the plat with additional conditions; 3) Table the application and ask for more information; 4) Not approve the plat and state their reasons for denial. p:\planning department \2010\correspondence \p1-10-048 cc final preserve.docx 5-11 Page 60 of 117 Chapter 16.16 FINAL PLAT Sections: 16.16.010 Preparation -Generally. 16.16.020 Description and delineation. 16.16.030 Standard forms to be included. 16.16.040 Time limit for recordation. 16.16.010 Preparation -Generally. The final plat, which must be prepared by a licensed land surveyor on a sheet of tracing linen twenty-four inches by thirty inches and made with approved waterproof black drawing ink, shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing best and shall comply with the provisions set out in Sections 16.16.020 through 16.16.040. (Ord. 13-81 (part), 1981: prior code § 22-4-1(part)) 16.16.020 Description and delineation. The final plat shall show the following: A. The name of the subdivision; B. Accurate angular and linear dimensions for all lines, angles and curves used to describe boundaries, streets, alleys, easements, areas to be reserved for public use and any other important features; C. An identification system for all lots and blocks and names of streets. Lot lines shall show dimensions in feet and hundredths. Actual house numbers, as assigned by the city engineer, shall be shown; D. True angles and distances to the nearest established street lines or official monuments, which shall be accurately described on the final plat and shown by appropriate symbols; E. Radii, internal angles, points and curvatures, tangent bearings and the length of all curves; F. The accurate location of all monuments and fire hydrants to be installed shown by the appropriate symbol. All United States, state, city or other official benchmarks, monuments or triangulation stations in or adjacent to the property, shall be preserved in precise position; G. Dedicate to the city all streets, highways, and other public lands included in the proposed subdivision; 5-11 Page 61 of 117 H. Pipes or other such physical monuments as shall be placed at each lot corner; I. Where it is proposed that streets be constructed on property controlled by a public agent or utility company, approval for the location, improvement and maintenance of such streets be obtained from the public agency or utility company and entered on the final plat in a form approved by the city attorney. (Ord. 13-81 (part), 1981: prior code § 22-4-1(1)) 16.16.030 Standard forms to be included. The final plat shall contain the following: A. A registered professional engineer or land surveyors' "Certificate of Survey"; B. The owners' "Certificate of Dedication"; C. A notary public's "Acknowledgement"; D. The city planning commission's "Certificate of Approval"; E. The city engineers' "Certificate of Approval"; F. The utility supervisors' "Certificate of Approval"; G. The city attorney's "Certificate of Approval"; H. The city council's "Certificate of Approval"; I. Certificate of filing to be completed by county recorder; J. The planning coordinator's "Certificate of Approval." (Ord. 13-81 (part), 1981: prior code § 22-4-1(2)) 16.16.040 Time limit for recordation. Failure on the part of the subdivider to record a final plat of a subdivision within ninety days following the approval by the city council shall render the plat invalid and reconsideration by both the city planning commission and the city council will be required before its acceptance. (Ord. 13-81 (part), 1981: prior code § 22-4-1(3)) 5-11 Page 62 of 117 CITY OF MOAB PLANNING RESOLUTION NO.01-2010 A RESOLUTION RECOMMENDING CONDITIONAL APPROVAL OF THE FINAL PLAT FOR PHASE ONE OF 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 3.54-acre tract of property in the R-2 Zone have applied through their agent, Ben Byrd, 853 Rainbow Lane, Moab, Utah 84532, for the final plat of Phase One of the Preserve Subdivision; and, WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and drawings to complete the application for Final Plat of Phase One of the proposed The Preserve subdivision ("Development") as required in Code Chapter 16.16; and, WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a public meeting to review the proposal and review the phase One Final Plat for compliance with the Preliminary Plat on February 25, 2010; 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 and exceed the lot size requirement of ten thousand (10,000) square feet for attached single-family dwellings ("twin homes") for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code; and, WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, determined that the Final Plat of The Preserve Subdivision, Phase One, has met or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code. NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of Resolution No. 01-2010 recommends that Council conditionally approve the submitted Final Plat of Phase One of The Preserve Subdivision with the following requirement: 1. All issues raised in the Engineering Department Memo #10-03 (attached) shall be addressed to the city's satisfaction before the Final Plat will be presented to Council for review and approval. 2. An acceptable protection strip agreement shall be developed prior to submitting the final plat to Council. Kelly Thornton Chair Date p:\planning department\2010\resolutions\pc\01-2010 preserve final plan phase one.docx 5-11 Page 63 of 117 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Inter -office Correspondence PL-09-153 November 6, 2009 Members of the Moab Planning Commission City Staff Approval of the Preliminary Plat for The Preserve Subdivision and Additional Staff Review of the Plat Staff conducted an additional review of the preliminary plat for The Preserve Subdivision on November 5, 2009. It is the opinion of staff that these issues cannot be easily addressed by a condition of approval. Issues The issues include: Item 1: There remains some doubt about the ownership of an apparent "gap" located between the two parcels of record that comprise the subdivision property. Proposed Lots 41, 42A and B, 43, and 45 and Lots 49, 48A and B, and 46A are affected It appears that this break in the description is approximately twenty (20) feet in width and narrows to nothing near the southeast corner of Lot 45. The plat cannot incorporate land not owned by the subdivider without the written approval of the record owner of the property. Item 2: The inclusion of lands, owned in fee simple by the City, within the subdivision boundary . There have been ongoing concerns about the platting of Ibis Avenue on property not owned by the subdivider. The location of the proposed street on city property that is not dedicated for use as a public right-of-way does not comply with the code. The proposed right-of-way for Ibis Avenue should be altered to conform to code regulations for dedication and platting of streets. This can be accomplished by relocating the street to the north of its present location and will require a new plat to be submitted to the Planning Department. Item 3: Further detail should be provided regarding the handling of runoff generated by adjacent upland areas. The preliminary drainage plan submitted by the applicant shows upland runoff flowing onto and across several of the proposed lots. However, the proposed subdivision plan does not provide for the accommodation of the upland flows. The Applicant is strongly Page 64 of 117 5-1 1 Moab Planning Commission The Preserve Subdivision PL-09-153 November fi, 2009 2of3 encouraged to submit a revised drainage plan and/or subdivision plan demonstrating how the development will prevent adverse drainage impacts to existing or proposed lots. Item 4: Unless Tract A will serve as a landscaped entry to the subdivision that will be maintained by a Home Owners Association, this tract must be attached to Lot number 52B. The applicant has been encouraged to address the listed items before the Planning Commission takes action on the preliminary plat. If a revised submittal or supplemental information is not forthcoming, staff will recommend that the Planning Commission not approve the preliminary plan. Review One of the items discussed at the last meeting of the commission centered on the Protection Strip Agreement. A draft of the document has been included for your review. It is a requirement of the code that the commission approve such a strip after reviewing the criteria listed in Chapter 16.24.030, Protection strips: "Where subdivision streets parallel contiguous property of other owners, the subdivider may, upon approval of the planning commission, retain a protection strip not less than one foot in width between the street and adjacent property; provided, that an agreement, approved by the city attorney, has been made by the subdivider, contracting to deed to the owners of the contiguous property, the one foot or larger protection strip, the street improvements properly chargeable to the contiguous property, plus the value of one-half the land in the street at the time of agreement, together with interest at a fair rate from the time of agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall be submitted by the city attorney and the city recorder prior to approval of the final plat. Protection strips shall not be permitted at the end of or within the boundaries of a public street or proposed street or within any area intended for future public use." The document is being reviewed by the City Attorney, Chris McAanany, for compliance with state law and a response from him as to its appropriateness should be forthcoming soon. Also, Staff has been given a copy of a letter (attached) from Rocky Mountain Power that states that the electric utility will furnish the necessary services through provided easements. Discussion Based on the four issues above, staff is recommending that the conditions for approval be changed. Details regarding the handling of runoff generated by adjacent upland areas can be addressed in a condition of approval with language that requires the applicant to provide the necessary documentation to address the upland flows to the Public Works and Engineering Departments for review. Some treatment of Tract A is required. If it is not attached to Lot Number 52B then it could serve as an appealing landscaped entry to the development that is maintained by a homeowner's association. Draft language below may be used to address this issue. The gap in ownership must be resolved because it is shown on the plat as being under a single ownership and the reasons for the gap should be articulated. A condition to cover this i 11 Page 65 of 117 Moab Planning Commission The Preserve Subdivision PL-09-153 November 6, 2009 3of3 would not be acceptable because this property is now being represented as being a part of the applicant's property. While the strip may be a piece of land that was once designated as a ditch easement or left out of a legal description to form the gap, proof of ownership must be proven. The inclusion of lands, owned in fee simple by the City, within the subdivision boundary and shown as a future right-of-way does not comply with the code. Any proposed right-of-way should conform to code regulations for dedication and platting of streets and the proposed Ibis Avenue should be relocated and a new plat submitted for review. Staff recommends that the conditions for approval in the Planning Resolution No. 12-2009 be amended with language similar to that below: 1. Sidewalks five (5) feet in width shall be allowed; 2. An agreement concerning the protection strip and future development along Byrd Avenue, as established in Code Chapter 16.24.030, must be approved; and 3. All cross drains shall be constructed with a width of six (6) feet. 4. The right-of-way alignment of Colorado shall be relocated approximately 15 feet to the south of its present location; 5. The easement for an obsolete sewer line that extends across Lots 33 A and B and 54 and 55A shall be abandoned; 6. The easement extending to the south along the rear of the lots beginning with 13A and 27 from the Colorado Avenue right-of-way for access to an existing well shall be abandoned; 7. The well shall be abandoned and appropriately capped; 8. Tract A shall be attached to Lot number 52B or be treated as a landscaped entry into the subdivision and maintained by a home owners association; and 9. An approvable plan for managing the irrigation tail water and storm water runoff shall be submitted to the Director of public Works and the City Engineer for review and approval prior to final plat review by the Planning Commission. The realignment will necessitate generation of a new plat and the ownership gap must be addressed to the commission's satisfaction. p:\planning department \2009\correspondence \p1-09-153 pc preserve 2.dacx 5-11 Page 66 of 117 RECEIVED JAN262010 CITY OF MOAB A FINAL PLAT OF THE PRESERVE, PHASE I t1A111- 77,1 sTT-A F.777, 7 L!T'A t-MBIry iVT;IMM71.7 7F'7'A t•_1f'T'7 VT -A f^ :T:'L7 F'TTA t41•I-17AVITA V:7 77,1-11r17A t•: WI f'T'-A VITA � 7 F!TrA REF MI IrT- a NTT --a Fria 10 FT. VW 6RANACS t U11FIY 11/711I42R. 6 FT. DOI BMW LOT WC (WFCOL) 1 GRAPLRC SCALE ( 111 ICI ) 1Li00 R 0 i A MAMMAL SIJEDMSION MITI#N TIE 6E1 4 OF SECTION 35, T 26 S. R 21 E. SUM, MOAB CITY, GRAND COUNTY, UTAH A A SF almes) M "1M IVY NlrattrN 48—A Am 1F (7 10017 I- 46—B47 TA013cal Aws SF �rH:OC $4saF' our RI671'1It /.' ALA' 1 MOAT 76.4e ASS /6.0' C� B K7r 1 / 51 0.771 SF J� �FLT ME oRATTMG MAMOMPI • I1170017% TRACT A 1E274 SF BYRE 4VENUE 461.w R16KSrt1 LAW sentry t VITRO 216.10' 46 Off 1/0 0710 OF R!C I �T 26 6, (11171 D11 ILL WIN 1111) F °RI 22610 1..;6VO* TRACT B 1.362 IF rPROTEC110N STRIP' PER 16.24.030) LEGEND e COUNTY SURVEYORS MONUMENT. AS DEMI= • S/r REBAR NTH PLASTC CAP TO BE SET • FOND 6/8' REBAR NM PLASTIC CAP aoraYlw a>< s1r H0081roR7r � �F R TI MTifY M. KEONN. DO HEREBY CERTIFY THAT 1 AM A REGISTERED UTAH LAND S7RIEYGR AND THAT I HOLD CERTIFICATE NO. 171004 AS PRESCRIBED URGER THE LAWS OF THE STATE OF UTAH. AND I FURTER CERTIFY THAT UNDER AUTHORITY OF DE OWNERS. I HAVE MADE A SURN:Y OF TIE TRACT OF LAND MOM ON WE PLAT AID DESCRIBED BELOW, AND 14M E SUBORNED SAD TRACT OF LAND INTO LOTS AID STREETS. HOW - AFTER TO 7 10470/1 AS THE PRESERVE PHASE I AND FIAT SASE HAS BEEN CORRECTLY SJRENED AID STAKED ON THE MOUND AS SHORN ON DVS PLAT. BOUNDARY DESCRIPTION DESCRIPTION OF A PARCEL OF LAND IN THE SEI OF SECTION 35. T 25 S. R 21 E. SM. MOAB CITY, GRAND COUNTY. UTAH. MORE PARTCXLARLY °EVADEED AS HELM: NOlNNG AT A PONT ON TIE EAST LSE OF THE S11 OF SETHE CTOR SAID PENT BEARS 0100 FT.00OORNER OF SECTION 35. T m 1 R 21E.S.M. NOPRPROCEEDING TIDE IMTH THE EAST LNF OF SAD SECTION 36 S 007141'WN 107.61 FT.. THENCE S 8036'00NI 880.27 FT, TINGE N 0031'11t 1.00 FT THENCE N BMSi in 23.40 Fi., THENCE N 00001111 184.30 FT. TO A COMM THENCE S 86'2warrF MAID FT. TO A CORNER. TORE N 0031'07E 16E10 FT. TO A CORNER THENCE N 81755'00'E 330.10 FT. TO A CORNS E. THENCE S 00S Vocr N 284.00 FT. TO A CORNER, THENCE N 663501YE 330.10 FT. TO THE POINT OF BDONClG AID COTT/VINO 3.54 PORES. MORE OR LESS BEARINGS ARE BASED ON THE EAST Lie OF 111E Si} OF SECTOR 35 (BEARING FROM VALLEY CONTROL DATUMS OW3111.4 RETIE Ai, m00010t„MECIONN C. AML 0.0111 OIT tut LR61 FPO. DATE MOW/ M. KEOGH OWNERS DEDICATION KNOW ALL NM BY THESE PRESENTS THAT _. THE UNDERSIGNED OWNER( ) OF DE ABOVE DESCRIBED TRACT OF LAID. HAMS CAUSED SAME INTO SUMMED INTO LOTS NO STREETS HEREAFTER TO BE KNOVAS lc THE PRESERVE, PHASE I DO HEREBY DEDICATE FOR PERPETUAL USE OF TIE PUBLIC ALL PARCELS OF LAND SHOWN CM TES PLAT AS MENDED FOR PISUC USE. N IIIIESS WHEREOF HAVE HEREUNTO SET DAY OF A.O.. 20 THIS ACKNOWLEDGMENT STATE OF UTAH COUNTY OF St ON THE _DAY OF A.Q, 20--PERSONALLY APPEARED BEFORE ME. THE UNDERSKIRT NOTARY RIBUC. IN AND FCR TIE COUNTY OF N SND STATE OF UTAH. THE SIGNER( ) OF THE ABOVE OVNERS DEDICATICR N NURSER WINO DULY ACIINON- (EDGED TO ME THAT SIGNED IT FREELY AND VOLUNTARLY AND FOR THE USES AND PURPOSES TERM MENTIONED. MY COMN SSON EPRES NOTARY F ;ELK: COUNTY PREPARED BY KEOGH LAND SURVEYING 0 45 FIST N'.1Aar STiPw maw UAW SAW DATE: AMMJARY 20. 2010 PRESERVE PHAS].DRO DRAIN et THIN MONA BY: 111K PUBLIC WORKS APPROVAL APPROVED THIS DAY OF A.D. 20 . BY NANNINNG COMMISSION CERTIFICATE APPROVED TINS DAY OF AO. 20 , BY PLANNING COMMIBSON CITY ENGINEERS APPROVAL I CITY COUNCIL APPROVAL I HEREBY CE11FY THAT I HAVE HAD DIE PLAT AND SAID TRACT PRESENTED TO 114E AS STINGS DIMMED BY THIS COME MD IT IS CORRECT AND N TINS DAY OF . A.D. 20_. SUMMON ACCORDANCE VON NFMMAT10N ON FLE N THIS OFFICE. WAS ACCEPTED AND APPROVED. A1TWs4 COUNTY RECORDER NO. STATE OF UTAH. CO. OF RECORDED AT THE REQUEST OF DATE —TAME BCCI(PAGE PEE APPROVAL AS TOD5M APPROVED AS TO FORM THIS AO., 20� CHAIRMAN NANNIES CaNOSSIM DATE LOUR fT MEOCRDER ATTORNEY SUBDIVISION IMPROVEMENTS AGREEMENT For The Preserve Subdivision, Phase One The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Dennis E. & Patricia Byrd (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 Preserve Subdivision on November 12, 2009. 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 Preserve Subdivision to the Moab City Council on February 25, 2010. C. The Moab City Council, as the land use authority for Subdivision Final Plat approval, approved the Final Plat for Phase I of The Preserve Subdivision (hereafter "the Subdivision" or "the Plat") at its regular City Council meeting on April 13, 2010. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entitled THE PRESERVE SUBDIVISION CONSTRUCTION DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets Cl — C8 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 City Public Works Director with respect to culinary water improvements if provided by the City, storm water drainage improvements, parking improvements, and access improvements. Page 68 of 117 5-12 The Preserve 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: DESCRIPTION OF A PARCEL OF LAND IN THE E 1/2 NE 14 SE 1/a SECTION 35, T25S, R21 E, SLB&M, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER ON THE EAST LINE OF THE SE 14 SECTION 35, SAID CORNER BEARS S 0 DEG. 31' W 594.0 FT. FROM THE EAST 1/a CORNER SECTION 35, T25S, R21 E, SLB&M, AND PROCEEDING THENCE WITH SAID SECTION LINE S 0 DEG. 31' W 107.8 FT. TO A CORNER, THENCE S 89 DEG. 55' W 660.3 FT. TO A CORNER, THENCE WITH THE WEST LINE OF EAST 1/z OF THE NE 1/a SE 1/a SAID SECTION 35, N 0 DEG. 32' E 371.8 FT. TO A CORNER, THENCE N 89 DEG. 55' E 330.1 FT. TO A CORNER, THENCE S 0 DEG. 31' W 264.0 FT TO A CORNER, THENCE N 89 DEG. 55' E 330.1 FT. TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE EAST LINE SE 14 SECTION 35 (VALLEY CONTROL BEARING = S 0 DEG. 31' W). 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 signage (f) Storm water drainage facilities 3. Improvements to be Completed in Conformance with Construction Plans. 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 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 Page 69 of 117 5-12 The Preserve Subdivision Phase 1 SIA Page 3 of 8 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 as applicable when inspection 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 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, OWNER has elected to post a performance guaranty with CITY in lieu of completing all Required Improvements prior to recordation of the Plat. The performance guaranty shall be in the form of collateral pledge of real property. Contemporaneous with the execution of this agreement, OWNER shall execute a Deed of Trust naming the City as beneficiary in the amount of 150% of the estimated cost of the Required Improvements as determined by the Subdivision Improvements Cost Worksheet attached hereto as Exhibit A. The fair market value of the real property pledged as collateral shall be of an amount not less than 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. The Deed of Trust shall be a first position lien against the subject property, and Owner shall pay all costs of providing a satisfactory lender's title insurance policy in favor of the City in the amount of the Deed of Trust and assuring same. The Deed of Trust is attached as Exhibit B hereto and shall be executed prior to recordation of the Subdivision Phase One Page 70 of 117 5-12 The Preserve Subdivision Phase I SIA Page 4 of 8 Final Plat. 7. Partial Releases of Performance Guaranty. No partial releases of the performance guaranty shall be permitted for partial completion of the work. 8. Final Release of Performance Guaranty. Upon completion of all Required Improvements in accordance with the approved Construction Plans, OWNER may request that the performance guaranty be released. (a) In order for OWNER to receive final release, the following shall be presented to CITY: (i) A completed Final Release Form supplied by CITY and signed by OWNER. Said form shall include OWNER'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 OWNER that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements. (b) Upon acceptance of a complete request for final release, the 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 the City Manager that OWNER 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 release to the OWNER of the Deed of Trust on the Pledged Property. 9. CITY's Use of Performance Guaranty upon Default. Upon written certification by the City Manager that the OWNER has failed to perform its obligations under this Agreement, within the time period set forth in this Agreement, and if CITY intends to proceed with the task of installing any or all of the Required Improvements covered by this Agreement, the City may elect to declare and record a Notice of Default pursuant to the Deed of Trust, and as authorized by U.C.A. 57-1-24. The property subject to the Deed of Trust shall then be sold at a public sale in the manner provided by law. The amount of indebtedness subject to satisfaction under the Deed of Trust shall be the balance, at the time of sale, of all costs of construction/completion of all Improvements required under this Agreement, together with sums owing under this Page 71 of 117 5-12 The Preserve Subdivision Phase 1 SIA Page 5 of 8 Agreement and the terms of the Deed of Trust, up to the indebtedness limit specified in the Deed of Trust. Nothing herein shall be construed to abrogate any right on the part of the City to pursue a deficiency judgment, as provided by law. 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 CITY shall deliver written notice to the OWNER describing the act, event, or omission constituting same, and allowing OWNER 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, CITY may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation, foreclosing upon the Deed of Trust; 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 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 ownership 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 Page 72 of 117 5-12 The Preserve Subdivision Phase 1 SIA Page 6 of 8 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. (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. 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: (i) 5-12 Page 73 of 117 The Preserve Subdivision Phase 1 SIA Page 7 of 8 To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To SUBDIVIDER: Dennis E. & Patricia Byrd 826 Colorado Ave 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. 5-12 Page 74 of 117 The Preserve 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. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Ellison City Recorder SUBDIVIDER: Dennis E. & Patricia Byrd Date Dennis E. Byrd Jr. Date Patricia Byrd Date STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 20. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: 5-12 Page 75 of 117 EXHIBIT A SUBDIVISION IMPROVEMENTS COST WORKSHEET PROJECT NAME: The Preserve Subdivision PHASE #: Phase 1 DEVELOPER/OWNER: Ben Byrd/ Dennis & Patricia Byrd REQUIRED IMPROVEMENTS Category Sub -category Item # Line item description Unit Unit Price Plan Quantity Item Cost SITEWORK EARTHWORK 1 Cut & fill to achieve design grades CY $ 4.00 1,777 $ 7,108 UTILITIES WATER 2 Install 8" dia. Water Main (complete) (material on site) LF $ 19.50 900 $ 17,550 3 Install 8" dia.Line Valves - cast iron (complete) (material EA $ 975.00 3 $ 2,925 4 Install 10" dia. Line Valves - cast iron (complete) EA $ 1,175.00 1 $ 1,175 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 11 $ 9,350 SEWER 8 Install 8" dia. Sewer Main - PVC SDR35 - (complete) LF $ 25.00 525 $ 13,125 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 11 $ 3,300 ELECTRIC 17 Electric Service (installed) EA $ 2,290.91 11 $ 25,200 GAS 18 Gas Service (installed) EA $ 1,000.00 11 $ 11,000 STREET IMPROVEMENTS CURB, GUTTER & SIDEWALK 11 Install 30" Modified Curb & Gutter per City Spec LF $ 15.00 1,740 $ 26,100 12 Install 4" thick Concrete Sidewalk per City Spec LF $ 15.00 1,740 $ 26,100 13 Construct Asphalt Pavement Section per City Spec SF $ 3.25 32,000 $ 104,000 LIGHTS 14 Street Lights (installed) EA $ 500.00 3 $ 1,500 SIGNAGE 15 Traffic signs (installed) EA $ 77.00 6 $ 462 STORM STORM DRAIN 16 Storm Drain Adjustment per Construction Spec. EA $ 2,000.00 1 $ 2,000 CITY APPROVAL: Comments: Total Estimated Construction Cost Less cost of materials purchased and on site Subtotal Plus Required 50% contingency Total Amount of Financial Guaranty 1f-01-Iv City Gtub leer Date car->J,,u's14. $ 260,245 $ 260,245 $ 130,123 $390,400 Page 76 of 117 Re ed /20 WHEN RECORDED, MAIL TO: City of Moab 217 East Center Street Moab, UT 84532 Spare above reserved for Recorder's stamp EXHIBIT B TRUST DEED THIS TRUST DEED, made this day of , 200_, between Dennis E. Byrd Jr. & Patricia B Byrd, whose address is 826 Colorado Ave, Moab, Utah, TRUSTOR, Anderson Oliver Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah municipality, as BENEFICIARY. Trustor conveys and warrants to Trustee in trust, with power of sale, the following described property, situated in Grand County, State of Utah: LOTS : 46 A & B, 47, 50 A & B, 51 and 52 A & B, THE PRESERVE SUBDIVISION DEVELOPMENT, ACCORDING TO THE OFFICIAL SUBDIVISION PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND COUNTY. Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances used or enjoyed with said property, or any part thereof, subject to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits; For the purpose of securing: 1) payment of the indebtedness evidence by an Improvements Agreement with the Beneficiary dated in the principal sum of $390,367.50, made by Trustor, payable to the order of Beneficiary at the times, with interest as set forth, and any extensions and/or renewals or modifications thereof; 2) the performance of Page 77 of 117 5-12 Space above reserved for Recorder's stamp each agreement of Trustor in this document; 3) the payment of such additional loans or advances as hereafter may be made to Trustor as provided in the Improvements Agreement; and 4) the payment of all sums expended or advanced by Beneficiary under or pursuant to the terms of this document, together with interest as provided. TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to not remove or demolish any building on the property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; to comply with all laws, land use regulations, covenants and restrictions affecting said property; to not commit or permit waste of the property; to not commit or allow any act upon said property in violation of law; and to do all other acts which from the character or use of said property may be reasonably necessary. 2. To provide and maintain property and casualty insurance covering the property in an amount not less than the total purchase price of $390,367.50 and covering all improvements now existing or later erected or placed on the property. The property insurance policy shall name the Beneficiary as an additional insured. In the event of a loss or casualty to the property, Trustor shall give immediate notice to Beneficiary, who may make proof of loss, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds, or any part thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness secured by this document, or to the restoration or repair of the property. 3. To maintain with until the indebtedness secured hereby is paid in full, evidence of unencumbered and marketable title in the property. 2 5-12 Page 78 of 117 Space above reserved for Recorder's stamp 4. To appear in and defend any action or proceeding purporting to affect the security of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to pay all costs and expenses, including reasonable attomey's fees incurred by Beneficiary or Trustee. 5. To timely pay, all taxes and assessments affecting said property, all special assessments upon the property, and all other utility or other charges which may become a lien against the property. Trustor further agrees to pay, when due, all encumbrances, charges and liens with interest, affecting or encumbering the property. 6. Should Trustor fail to make any payment or to do any act as specified in this Trust Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: 1) make payments or undertake such actions to such extent as either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor, including reasonable attorney fees. 7. To pay Beneficiary immediately and without demand all sums expended by Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor 3 Page 79 of 117 5-12 Space above reserved for Recorder stamp under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this Trust Deed. 8. Should said property or any part thereof be taken or damaged by reason of any public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of any other casualty or government taking, Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of real property and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after deducting therefrom all its expenses, including attorney's fees, apply the same toward satisfaction of any indebtedness secured by this document. Trustor agrees to execute such further assignments of any compensation, award, damages, and rights of action and proceeds as Beneficiary or Trustee may require. 9. At any time and from time to time upon written request of Beneficiary, payment of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement (in case of full reconveyance for cancellation and retention), without affecting the liability of any person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the making of any map or plat of said property; b) join in granting any easement or creating any restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property. 4 5-12 Page 80 of 117 Space above reserved for Recorder's stamp Nothing in this section shall be construed to require the Beneficiary to consent to the granting of any such easement, conveyance, or similar action, consent to which shall rest in the Beneficiary's sole discretion. 10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and payable. If Trustor shall default, Trustor's right to collect any of such moneys shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance of Beneficiary at any time or from time to time to collect any such moneys shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to collect the same. None of the rights contained in this Trust Deed shall be construed to be an affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such tenancy, lease or option. 11. Upon any default by Trustor, Beneficiary may at any time without notice, either in person or by a receiver to be appointed by a court (Trustor hereby consenting to the appointment of Beneficiary as such receiver), and without regard to the adequacy of any security for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation 5 5-12 Page 81 of 117 Space above reserved for Recorder's stamp and collection, including reasonable attomey's fees, toward satisfaction of any indebtedness secured by this Trust Deed. 12. The collection by Beneficiary rents or profits, or the proceeds of fire and other insurance policies, or compensation or awards for any taking or damage of said property, shall not constitute a cure or waiver by Beneficiary of any default under this Trust Deed. 13. The failure on the part of Beneficiary to promptly enforce any right arising under this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to declare default following any act or omission constituting default shall not constitute a waiver of Beneficiary's rights as to any other or subsequent default. No modification of the terms of this Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary and Trustor. 14. Time is of the essence with respect to all obligations in this Trust Deed. Upon default by Trustor in the payment of any sums owing under this Trust Deed or in the performance of any agreement or obligation in this Trust Deed or the Improvements Agreement, all sums secured hereby shall immediately become due and payable at the option of Beneficiary. In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice of default and of election to cause said property to be sold to satisfy the obligations hereof, and Trustee shall file such notice for record in each county wherein said property or some part or parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who 6 5-12 Page 82 of 117 Space above reserved for Recorder's stamp shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the default. 15. After the lapse of such time as may then be required by law following the recordation of notice of default, and notice of default and notice of sale having been given as required by law, Trustee, without demand on Trustor, shall sell said property on the date and at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine (but subject to any statutory right of Trustor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in good funds of the United States at the time of sale. The person conducting the sale may, for any cause he deems necessary, postpone the sale from time to time until it shall be completed and, in every case, notice of postponement shall be given by public declaration by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser its Deed conveying the property, but without any covenant or warranty, express or implied. Any person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the sale in the following order to payment of: 1) all reasonable costs and expenses associated with the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to the Trustor or any persons legally entitled thereto. 7 5-12 Page 83 of 117 Space above reserved for Recorder's stamp a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and statements therein, and to act in conformity with this Trust Deed. 16. Alternately, upon the occurrence of any default Beneficiary shall have the option to declare acceleration and all sums owing shall be immediately due and payable and Trustee shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. 17. Beneficiary may appoint a successor trustee at any time by recording in the Grand County land records a notice of substitution of trustee. From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee named herein or of any successor trustee. Notice shall be given to the Trustor in the manner provided by law. 18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder, including any assignee of the Improvements Agreement and Trust Deed. 19. Trustee accepts this Trust when this Trust Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of a pending sale under any other Trust Deed or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. 20. This Trust Deed or any rights, title, or interest in the property conveyed in trust 8 5-12 Page 84 of 117 Space above reserved for Recorder's stamp shall not be assigned or conveyed by Trustor without the advance written consent of the Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported grant of interest in the subject property by Trustor, in whole or in part, or by operation of law without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as well as those due under the Improvements Agreement shall be due in full. There shall be no assumption of the terms of the Improvements Agreement or this Trust Deed by any other person, in whole or in part, without the advance written consent of the Beneficiary. 21. Default shall be defined to be any failure or omission on the part of the Trustor to perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or the Improvements Agreement. 22. This Trust Deed shall be construed according to the laws of the State of Utah. Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the courts of Grand County, Utah. 23. Trustor hereby waives any claim to a homestead exemption with respect to the real property covered by this Trust Deed. 24. The remedies in this Trust Deed and the Improvements Agreement are distinct from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are severable, and in the event any such provision shall be found to be in conflict with applicable law, it shall be stricken, and the remainder enforced to the full extent provided. 25. Beneficiary shall be entitled to inspect the property at reasonable times and with 9 5-12 Page 85 of 117 reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust Deed. 26. The Trustor requests that a copy of any notice of default and all other notices under this Trust Deed or as required by law be mailed to the following address: Dennis E. & Patricia B Byrd, 826 Colorado Ave, Moab, Utah 84532. 10 5-12 Page 86 of 117 Signature of Trustor: Dennis E. Byrd, Jr. Patricia B. Byrd Acknowledgment STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the day of , 200_ the foregoing Trust Deed was personally executed before me by . Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the day of , 200_ the foregoing Trust Deed was personally executed before me by . Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: 11 Page 87 of 117 5-12 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAx NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCKI To: Honorable Mayor and City Council From: Donna Metzler, City Manager Vt-/.'""' Date: April 9, 2010 Subject: Trust Deed for the Preserve Subdivision Improvements Guarantee The City allows for a number of different methods for subdividers to guarantee performance under a Subdivision Improvements Agreement. A pledge of collateral property of a value greater than or equal to the cost estimate for performing the improvements required by the Subdivision Improvements Agreement is one acceptable method. This pledge of property is accomplished through a Trust Deed conveying in trust to the City property of sufficient value to cover the estimated cost of required improvements, plus 50%. If, in the case of default, the City needs to perform the improvements, the City is entitled to take ownership of the property. In order to pledge property in this way, the City requires the subdivider to provide documentation establishing the value of the property to be pledged, as well as a tile report for said property so that the City may determine that there are no significant encumbrances on the property. The Subdividers for the Preserve Subdivision have provided all necessary documentation, which has been reviewed by me and/or the City Attorney. The property proposed for the pledge has been shown to be of an approximate value of $436,000, while the subdivision improvements cost estimate is approximately $390,000 (including the additional 50%). I recommend approval of the Trust Deed for the Preserve Subdivision Improvements Guarantee. ADM-MEM-10-04-003 Page 88 of 117 5-13 Space above reserved for Recorder's stamp WHEN RECORDED, MAIL TO: City of Moab 217 East Center Street Moab, UT 84532 TRUST DEED THIS TRUST DEED, made this day of , 200_, between Dennis E. Byrd Jr & Patricia B Byrd, whose address is 826 Colorado Ave, Moab, Utah, TRUSTOR, Anderson Oliver Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah municipality, as BENEFICIARY. Trustor conveys and warrants to Trustee in trust, with power of sale, the following described property, situated in Grand County, State of Utah: LOTS : 46 A & B, 47, 50 A & B, 51 and 52 A & B, THE PRESERVE SUBDIVISION DEVELOPMENT, ACCORDING TO THE OFFICIAL SUBDIVISION PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND COUNTY. Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances used or enjoyed with said property, or any part thereof, subject to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits; For the purpose of securing: 1) payment of the indebtedness evidence by an Improvements Agreement with the Beneficiary dated in the principal sum of $390,367.50, made by Trustor, payable to the order of Beneficiary at the times, with interest as set forth, and any extensions and/or renewals or modifications thereof; 2) the performance of each agreement of Trustor in this document; 3) the payment of such additional loans or advances Page 89 of 117 5-13 Space above reserved for Recorder's stamp as hereafter may be made to Trustor as provided in the Improvements Agreement; and 4) the payment of all sums expended or advanced by Beneficiary under or pursuant to the terms of this document, together with interest as provided. TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to not remove or demolish any building on the property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; to comply with all laws, land use regulations, covenants and restrictions affecting said property; to not commit or permit waste of the property; to not commit or allow any act upon said property in violation of law; and to do all other acts which from the character or use of said property may be reasonably necessary. 2. To provide and maintain property and casualty insurance covering the property in an amount not less than the total purchase price of $390,367.50 and covering all improvements now existing or later erected or placed on the property. The property insurance policy shall name the Beneficiary as an additional insured. In the event of a loss or casualty to the property, Trustor shall give immediate notice to Beneficiary, who may make proof of loss, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds, or any part thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness secured by this document, or to the restoration or repair of the property. 3. To maintain with until the indebtedness secured hereby is paid in full, evidence of unencumbered and marketable title in the property. 2 5-13 Page 90 of 117 Spare above reserved for Recorder's stamp 4. To appear in and defend any action or proceeding purporting to affect the security of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or Trustee. 5. To timely pay, all taxes and assessments affecting said property, all special assessments upon the property, and all other utility or other charges which may become a lien against the property. Trustor further agrees to pay, when due, all encumbrances, charges and liens with interest, affecting or encumbering the property. 6. Should Trustor fail to make any payment or to do any act as specified in this Trust Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: 1) make payments or undertake such actions to such extent as either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor, including reasonable attorney fees. 7. To pay Beneficiary immediately and without demand all sums expended by Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor 3 5-13 Page 91 of 117 Space above reserved for Recorder's stamp under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this Trust Deed. 8. Should said property or any part thereof be taken or damaged by reason of any public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of any other casualty or government taking, Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of real property and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after deducting therefrom all its expenses, including attorney's fees, apply the same toward satisfaction of any indebtedness secured by this document. Trustor agrees to execute such further assignments of any compensation, award, damages, and rights of action and proceeds as Beneficiary or Trustee may require. 9. At any time and from time to time upon written request of Beneficiary, payment of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement (in case of full reconveyance for cancellation and retention), without affecting the liability of any person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the making of any map or plat of said property; b) join in granting any easement or creating any restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property. 4 Page 92 of 117 5-13 Space above reserved for Recorder's stamp Nothing in this section shall be construed to require the Beneficiary to consent to the granting of any such easement, conveyance, or similar action, consent to which shall rest in the Beneficiary's sole discretion. 10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to default as they become due and payable. If Trustor shall default, Trustor's right to collect any of such moneys shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance of Beneficiary at any time or from time to time to collect any such moneys shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to collect the same. None of the rights contained in this Trust Deed shall be construed to be an affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such tenancy, lease or option. 11. Upon any default by Trustor, Beneficiary may at any time without notice, either in person or by a receiver to be appointed by a court (Trustor hereby consenting to the appointment of Beneficiary as such receiver), and without regard to the adequacy of any security for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation S Page 93 of 117 5-13 Space above reserved for Recorder's stamp and collection, including reasonable attorney's fees, toward satisfaction of any indebtedness secured by this Trust Deed. 12. The collection by Beneficiary rents or profits, or the proceeds of fire and other insurance policies, or compensation or awards for any taking or damage of said property, shall not constitute a cure or waiver by Beneficiary of any default under this Trust Deed. 13. The failure on the part of Beneficiary to promptly enforce any right arising under this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to declare default following any act or omission constituting default shall not constitute a waiver of Beneficiary's rights as to any other or subsequent default. No modification of the terms of this Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary and Trustor. 14. Time is of the essence with respect to all obligations in this Trust Deed. Upon default by Trustor in the payment of any sums owing under this Trust Deed or in the performance of any agreement or obligation in this Trust Deed or the Improvements Agreement, all sums secured hereby shall immediately become due and payable at the option of Beneficiary. In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice of default and of election to cause said property to be sold to satisfy the obligations hereof, and Trustee shall file such notice for record in each county wherein said property or some part or parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who 6 5-13 Page 94 of 117 Space above reserved for Recorders stamp shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the default. 15. After the lapse of such time as may then be required by law following the recordation of notice of default, and notice of default and notice of sale having been given as required by law, Trustee, without demand on Trustor, shall sell said property on the date and at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine (but subject to any statutory right of Trustor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase price payable in good funds of the United States at the time of sale. The person conducting the sale may, for any cause he deems necessary, postpone the sale from time to time until it shall be completed and, in every case, notice of postponement shall be given by public declaration by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one day beyond the day designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser its Deed conveying the property, but without any covenant or warranty, express or implied. Any person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the sale in the following order to payment of: 1) all reasonable costs and expenses associated with the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to the Trustor or any persons legally entitled thereto. 7 5-13 Page 95 of 117 Space above reserved for Recorder's stamp a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and statements therein, and to act in conformity with this Trust Deed. 16. Alternately, upon the occurrence of any default Beneficiary shall have the option to declare acceleration and all sums owing shall be immediately due and payable and Trustee shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property. 17. Beneficiary may appoint a successor trustee at any time by recording in the Grand County land records a notice of substitution of trustee. From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee named herein or of any successor trustee. Notice shall be given to the Trustor in the manner provided by law. 18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder, including any assignee of the Improvements Agreement and Trust Deed. 19. Trustee accepts this Trust when this Trust Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of a pending sale under any other Trust Deed or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. 20. This Trust Deed or any rights, title, or interest in the property conveyed in trust 8 Page 96 of 117 5-13 Space above reserved for Recorder'` shall not be assigned or conveyed by Trustor without the advance written consent of the Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported grant of interest in the subject property by Trustor, in whole or in part, or by operation of law without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as well as those due under the Improvements Agreement shall be due in full. There shall be no assumption of the terms of the Improvements Agreement or this Trust Deed by any other person, in whole or in part, without the advance written consent of the Beneficiary. 21. Default shall be defined to be any failure or omission on the part of the Trustor to perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or the Improvements Agreement. 22. This Trust Deed shall be construed according to the laws of the State of Utah. Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the courts of Grand County, Utah. 23. Trustor hereby waives any claim to a homestead exemption with respect to the real property covered by this Trust Deed. 24. The remedies in this Trust Deed and the Improvements Agreement are distinct from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are severable, and in the event any such provision shall be found to be in conflict with applicable law, it shall be stricken, and the remainder enforced to the full extent provided. 25. Beneficiary shall be entitled to inspect the property at reasonable times and with 9 5-13 Page 97 of 117 reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust Deed. 26. The Trustor requests that a copy of any notice of default and all other notices under this Trust Deed or as required by law be mailed to the following address: Dennis E. & Patricia B Byrd, 826 Colorado Ave, Moab, Utah 84532. 10 Page 98 of 117 5-13 Signature of Trustor: Dennis E. Byrd, Jr. Patricia B. Byrd Acknowledgment STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the day of , 200_ the foregoing Trust Deed was personally executed before me by . Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) ) ss. COUNTY OF GRAND ) On the day of , 200_ the foregoing Trust Deed was personally executed before me by . Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: 11 Page 99 of 117 5-13 PROTECTION STRIP DEDICATION In exchange for valuable consideration, the sufficiency of which is acknowledged, Dennis E. and Patricia Byrd ("Grantor") hereby executes and records this Protection Strip Dedication as follows. I. RECITALS a. Grantor is the owner of a tract of land in Grand County, Utah, commonly known as the Preserve Subdivision (the "Subdivision"), shown in Exhibit A and more particularly described in Exhibit B. The Subdivision has been approved by the City of Moab ("City"). b. Grantor will construct certain public improvements, including Byrd Avenue, which will benefit the Subdivision, but which may benefit adjacent parcels which are undeveloped at this time. c. This Protection Strip Dedication is intended to bind the properties described as a covenant running with the land, and provide a mechanism by which Grantor may be reimbursed for a portion of construction costs for road improvements when or if adjacent properties develop. II. DEDICATION 1. Incorporation of Recitals. The above Recitals are incorporated by reference. 2. Creation of Protection Strips. Grantor hereby creates and establishes TRACT A and TRACT B (as depicted in Exhibit A), according to the official plat of the Preserve Subdivision as tracts subject to this Protection Strip Dedication. Grantor shall retain ownership of both tracts, subject to the requirements herein. No other person shall be entitled to use or otherwise occupy these tracts, except as set forth below. 3. Conveyance of Protection Strips. Grantor hereby agrees to convey, via special warranty deed, all or a portion of Tract A or Tract B to the owner(s) of any adjacent parcel ("Adjacent Owner") for the purposes of creating legal access to a public road and/or for connection to public utilities within public road rights -of -way, upon payment of the sum specified in this Dedication. The Adjacent Owner shall have the right, but not the obligation, to purchase all or a portion of Tract A or Tract B, subject to the provisions of this Dedication. In exchange for the conveyance of a deed to all or a portion of Tract A or Tract B, the Adjacent Owner shall pay to the Grantor a sum equal to the following defined values: a) the Tract Value, plus b) the Proportionate Road Cost. a. The Tract Value shall be defined as the fair market value of the area to be conveyed in Tract A or Tract B, per square foot, based upon the price per square foot of the most recent lot sale in the Subdivision (excluding the sale of a completed home and lot). Page 100 of 117 b. The Proportionate Road Cost shall be defined to be a value, the numerator of which is the distance in feet of the street frontage of the tract to be conveyed, and the denominator of which shall be 660 linear feet (the length of Byrd Avenue between the Subdivision entrance and the boundary of Lot 53B) multiplied by the total cost for paving, curb, gutter, and sidewalk for that segment of Byrd Avenue, multiplied by one half. The current estimate for the total cost for paving, curb, gutter and sidewalk for that segment of Byrd Avenue is $71,800, but actual costs will be used to calculate the Proportionate Road Cost. Added to that figure shall be interest at the rate of five percent (5%) per annum from the date of recording, above, until the date of the sales closing, which sum shall equal the Proportionate Road Cost. 4. Calculation of Sale Price, Disputes. Grantor shall provide all calculations and supporting documents for the determination of the Tract Value and the Proportionate Road Cost to the Adjacent Owner prior closing. In the event of any dispute as to the sales price, the parties shall each submit their calculations and supporting documents to the City Manager of the City of Moab for determination, and the City Manager's decision shall be final and binding. 5. Duration, Vesting in City. This Dedication shall continue for a period of twelve (12) years from the date of recording, following which it will automatically terminate, unless the duration is extended in writing by Grantor and the City prior to the termination date. In the event that all or any portion of Tract A or Tract B has not been conveyed pursuant to this Dedication to one or more of the Adjacent Owners prior to the termination date, then the balance of those tracts shall immediately be deemed to vest in, and be owned in fee simple, by the City of Moab. 6. Maintenance. Grantor shall reasonably maintain Tract A and Tract B for the duration of its ownership of same. Reasonable maintenance shall include installation of landscaping and keeping the tracts free of weeds, debris, or other obstructions. 7. Covenant Running With Lands. This Dedication shall run with the land and be binding upon the Grantor, its successors, and assigns in title, and shall operate for the use benefit of the Adjacent Owners and, if applicable, the City. 8. Release. This Dedication is entered into as an accommodation by the City of Moab with respect to development costs incurred by the Grantor incident to the subdivision process. As such, Grantor hereby releases and holds the City harmless with respect to any claim, damages, losses, or liabilities, however denominated, arising from this Dedication or any act or omission of the City, its agents, officials, or employees, in the administration of same. This Dedication shall not be construed to be a waiver of any statutory or other immunities held by the City as a governmental entity. 9. Governing Law, Venue. Utah law governs this Dedication. Venue for any dispute arising from this document shall be in the courts of Grand County, Utah. Page 101 of 117 10. Enforcement. In the event that any party bound by this Dedication should fail or refuse to carry out its obligations, or should a dispute arise concerning the interpretation of this Dedication, the affected person may obtain specific performance, together with actual damages resulting from any breach. In any dispute arising from this Dedication the prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief. Grantor has executed this Dedication as of the date set forth below. GRANTOR: Dennis E. Byrd, Jr. Patricia B. Byrd STATE OF UTAH ) )s.s. COUNTY OF GRAND ) The foregoing Dedication was executed before me by this day of , 2010. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Approved by the City of Moab as set forth below. CITY OF MOAB: Mayor David Sakrison Attest: Rachel R. Ellison, City Recorder Date Page 102 of 117 _.—ar--w4--11=1131 r �w lam"elovig—ata"le .aat�tm ill a NCIIii rr atrinwwar ■w N Obi► AOta1 fillin amd IaalOrMI wilMitilli A Maittiti DIVID1111101010r aa'... vSrl��11111 "iw0EU a tams Asir LtaellakfpyNASESIBM t Mad VallaiNINd 8Ri ap ...t. �,t•-Bilit.ecia 'AAfIW1 wawa -10 mmialmim i xaa�oo avw w• ww mar -re mew WAOi tr mos.NNW Page 103 of 117 Exhibit B Legal Description of Property Included in Preserve Subdivision, Phase I PARCEL OF LAND WITHIN THE SE % OF SECTION 35, T 25 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE SE% OF SECTION 35, SAID POINT BEARS S 00°31' 11" W 594.00 FL FROM THE EAST % CORNER OF SECTION35, T 25 S, R 21 E, SLM, AND PROCEEDING THENCE WITH THE EAST LINE OF SAID SECTION 35 S 00°31' I1" W 107.81 FT., THENCE S 89°55'00"W 660.27 FT., THENCE N 00° 31' 11" E 1.00 FT., THENCE N 89°53' 12"E 23.49FT., THENCE N 00°00' 16"E 184.30 FT., TO A CORNER, THENCE S 85°25'32"W 21.86 FL TO A CORNER, THENCE N 00°31'00"E 188.19 FT. TO A CORNER, THENCE N 89°55'00" E 330.10 FT. TO A CORNER, THENCE S 00°31'00"W 264.00 FT., TO A CORNER, THENCE N 89°55'00"E 330.10 FT., TO THE POINT OF BEGINNING AND CONTAINING 3.54 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF THE SE% OF SECTION 35 (BEARING FROM VALLEY CONTROL DATUM=S 00°31' I 1"W). Page 104 of 117 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAx NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCKI To: Honorable Mayor and City Council From: Donna Metzler, City Manager W./`-- Date: April 9, 2010 Subject: Amendment to Agreement for the Installation of Public Utility Improvements Please find attached an Amendment to an Agreement for the Installation of Public Utility Improvements approved by the City Council on March 9, 2010. The original agreement referred to "Exhibit B", which was to show the construction plans for the sewer line to be installed. The construction plans were not actually included as Exhibit B in the document that was approved by the City Council. The construction plans have now been revised to include a new alignment for a manhole. So, the agreement should be revised to reflect this change and to include the construction drawings in a revised Exhibit B. "Revised Exhibit B" should replace the original "Exhibit B". I recommend approval of the Amendment to the Agreement. I apologize for any confusion. ADM-MEM-10-04-004 Page 105 of 117 5-15 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 1 of 6 (Plus Exhibits) Amendment # 1 to AGREEMENT FOR THE INSTALLATION OF PUBLIC UTILITY IMPROVEMENTS Extension of City Sewer System Associated with North Area Trunk Sewer Project For and in consideration of the mutual provisions contained herein, the sufficiency of which all parties acknowledge, Dennis E. & Patricia Byrd ("owners") and the CITY OF MOAB ("City") agree to modify the Agreement for the Installation of Public Utility Improvements — Extension of City Sewer System Associated with North Area Trunk Sewer adopted by the City Council on ----, as follows: 1. Section 3. Land Owner's Contribution shall be amended to read as follows: LAND OWNER's Contribution. The LAND OWNER shall provide all labor, equipment, and materials necessary to complete the improvements in accordance with the Plans and specifications; with the exception of the materials listed in the preceding paragraph, and with the exception of one (1) 48" manhole, to be provided by the City, originally designated to be located between future Palisade Dr and Blue Herron Ct will be installed at the Blue Herron Ct intersection instead. This will move the existing manhole in The Preserve subdivision provided by the Land Owner east on Byrd Ave in line with surrounding properties (Walker's and others) to provide future sewer connection access to those properties if they desire. 2. Exhibit B to the original agreement shall be replaced with the attached "Exhibit B REVISED". 3. All other terms, conditions, specifications, time deadlines, and other material provision of the original Agreement that are not expressly contrary to this Amendment shall remain in full force and effect. Approved and accepted as set forth below: Page 106 of 117 5-15 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 2 of 6 (Plus Exhibits) CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Ellison, City Recorder Date LAND OWNER: Dennis E. & Patricia Byrd Dennis E. Byrd Date Patricia Byrd Date STATE OF UTAH ) ) ss COUNTY OF GRAND The foregoing agreement was executed before me by this day of , 20. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Page 107 of 117 Agreement — Sewer Improvements North Area Trunk Line City of Moab and Dennis E. & Patricia Byrd Page 3 of 6 (Plus Exhibits) "EXHIBIT B REVISED" (Construction Plans for the Byrd/Alger Lateral Sewer, attached) Page 108 of 117 City of Moab Drawings for the Construction of BYRD AVENUE COLLECTOR SEWER NORTH AREA TRUNK LINE MOAB CITY SEWER SYSTEM March 2010 INDEX OF DRAWINGS GENERAL GI TITLE PAGE, VICINITY MAP, SHEET INDEX, AND GENERAL NOTES G2 STANDARD ABBREVIATIONS G3 STANDARD SYMBOLS CIVIL GI OVERALL SITE PLAN R4 SEWER PLAN AND PROFILE STA 0+00 TO STA 10+75 PP.2 SEWER PLAN AND PROFILE STA 10+75 TO END SEWER DETAILS VICINITY MAP NO SCALE Page 109 of 117 DATE BY DESCRIPTION WARNwo e i 1 IF THIS BM GOES NOT SCALE 1 INCH TNEN DRAWING IS NOT TO SCALE NOTED DRAWING SCALE DANIEL STENfA P.E. LICENSE NO. DATE BRDR WILLIANS DATE CITY OF MOAB ENGINEERING DEPARTMENT 217 E CENTER ST SURE 220 YM9. UTAN 8.1532 PROJECT IOW BYRD AVENUE COLLECTOR SEWER North Area Trunk Moab City Sewer System PROJECT NO MEET orsaa•nod TITLE SHEET, SHEET INDEX G-01 SHEET 1 OF 2H 0 AN0 I 1 C7 MANHOLE /AS-1 1 I l I J MANHOLE /AS-D Moo Moo 1040 11 MANHOLE rl (I EI I I I rl 6 C µS-2 CASHED R SENr E%1ENSON BON ENELSTWG RAINBOW ! P. STNEETS C- 7 OVERALL SITE PLAN SCALE: I. - 100' MANHOLE /AS -A I I _. / ,W- - / r I �i r- I � L_f __J 1 lu 1 J 12-- t I 1, r-� L_J r� ;r LJ MANHOLE OAS-6 NEW A' DIA/ SEMENSERNCE _ I L_JI I' ( rL � d 1 y C-] / t r '1 --J f L_ 1 �J i ❑ 1 i l LO NOTES: PROPERTY BOUNDARIES, BUILDINGS, AND OTHER SURFACE FEATURES SHOWN ARE BASED ON AERIAL PHOTOGRAPHY AND RECORD DATA; ANO THEREFORE DO NOT HAVE THE SAME PRECISION AS A GROUND SURVEY. Page 110 of 117 REV DATE BY DESCRIPTION WARNING e 7 I IF THIS BAR 006 NOT SCALE 1 INCH THEN (MAXIM IS NOT TO SCALE NOTED DRAWING WALL AS NOTED air DiaNEEN DANIEL SIENTA P.E UCENSE NO. DATE 1.110/IC WOKS DIRECTOR BRENT 111LLWHS DATE CITY Or MOAB ENGINEERING DEPARTMENT 210 E CENTER Sr SUITE 220 MOAB, UTAH 54S02 w) 2M-4M1 1110ACCT NAVE MOAB CITY SEWER SYSTEM NORTH AREA TRUNK Byrd/Alger Lateral PROJECT NO. MEET OFSOOPTON OVERALL SITE PLAN C-O 1 SHEEE 4 OF I a m NNPS Mw EOSBNC YN / -N PONT CONNECT NEW WEN TO EOSRNC a• S MS 2.00 NY 'fors LF MN PVC SEWER REINA.) ONO .0O .1-NM DASMRI STA •.NN00 RM ELEV.fMU MOW DUN TO MV GUT)• EEa tt. tl 2•r Nit -.a«MA SSW STA •T•nE RM ELEV • MIVE NONRIRM TO aW OUT) • 7E0 6.40 . !IP ••00 woo xM,.rmE 400 LF SiN PVC SEWER POE MN.16) 1 1N! 11.00 TaT• ST • GW D1M TO ro 1 vys•OEYA •• 1-RM1 MA me, STA. •010 ' ntim ELEV • iglu maLReNVGRi .v T. F _�� ___. — I KNDIA! Me mwF1117 [1101 ELEV • MmE NEIONT [NIMTO SIV 011 • F LF Ma•OEEW m.0 F0.- OSSW .0•211 aN0 1.Ia +�a ..V Station a1hE NNII IRO TOITS Page 111 of 117 V DAM BY SCRIPRON WARNING a, IF T IS OAR DOES NOT SCALE 1 YICN THEN DAAWRC IS NOT TO SCALE NOTED DRAWING 1'. 20. NOR/2 OTT ENONEER DNWEL STENTA P.E LICENSE NO. LATE BRE T WLLO.YS LATE CITY OF MOAB ENGINEERING DEPARTMENT 217 E CENTER ST SUITE 220 MOAN. UTMN 11.5.32 I.1.nwrNbwn masa tubs MOAB CITY SEWER SYSTEM NORTH AREA TRUNK Preserve Subdivision Lateral PROJECT NO. SHUT OCSOIP SEWER PLAN AND PROFILE STA 0+00 TO STA 10+00 C-2 SHEET 4 OF ALI.YMOMMil rtA-15•77: Re B1Fr •14 TO RE ELEV• DNeva1 NEIONTDW TO NV NII)•T! Hem-rp: any I NEIDxr D1R1TO eM ODn-T.m 5.0' B• PVC STUBS a O.Sx SO' e• PVC S BOTH NOR. AND SOUTH I I BOTH NOR IT.aO BS O O.Sx I AND SDUM Iwo I rt .I�ooussam R01 ELEV. ORnA I mamma. TO wy�.en I I ,... l 1 f II 1 0 $ o' e' PN; Sn1B5 • O.ex S�BON NgI1H AND SW1N � 21.00 5.0' B• PVC STUB NCR. a O.SX 20.00 I 11 y i s. iwa0 It.o2 1; 10.00 1.0 11 + 1 _ ' AaeV aw PvcfEVIERPIIAEDIOR-m) 11 220IF LW PVCaEMFR (301.Y) I V MI PVCREWER PNE10/136 1311F FY1 PvcaEVlF11 0EI3011557 � I i I I I I I ( 1 I A. STA-22.6A - — � ELEV.3 30.2 RN 6EV OATO D 1RBOHT(WAlO NV OUD 0.02 A.1.T. 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T I! -• -- I i I I i lam 11.00 12W0 11 1 1> 1402 16im 1e 17i00 t140 la 1 a100 11 2 WARNING DRAWING 1•. On 13119Nn1 CITY OF MOAB ENGINEERING DEPARTMENT 21T E CORE" rt 40AB, SUITE UTAN BASJ2 1�) 2,R-.A.1 "''""'Etlb� 1"ORef "� MOAB CITY SEWER SYSTEM NORTH AREA TRUNK Preserve Subdivision Lateral PROJECT NO. aIm oowna SEWER PLAN AND PROFILE STA 10+00 TO STA 20+00 �•a rQ� C'-J '� IF TNOT BAR DOEaV� 111wEN� DRAWING a NOT 10 SCALE �� DMaEL WENT& P.E. UCENSE NO. DATE SHEEP () of 7 2' VERu 1•. ]' VERf PuelC R1w3 eR[cTN &Ifl2f WILLIAMS PATE REV W1E BY OESCRIPnoN CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-41 35 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS SARAH BAUMAN KIRSTIN PETERSON GREGG W. STUCK! To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: April 9, 2010 Subject: Reclassification of One Parks Service Worker II Position to Safety Specialist Section 7.12 of the Personnel Policies and Procedures Manual provides for the reclassification of a classified position, as follows: Should the duties and responsibilities of a classified position change significantly, the department head shall submit a request for re-classification. The personnel officer shall then perform an analysis of the position and make recommendations to the City Council, who shall render a final decision. In approximately 2006, an individual under the classification of Parks Service Worker II began performing duties relating to safety coordination. In 2007, these duties intensified, and the individual performing the duties was given a wage increase in recognition of the additional duties, which included coordinating safety programs city-wide, performing safety inspections, obtaining safety related training, etc. Also in 2007, this individual was transferred to the Streets Department to primarily perform safety functions, and only occasionally perform Parks functions. Since that time, the responsibilities and demands of this position have grown to include only safety related functions, especially with the addition of the testing functions added this past year. The Parks Department has not utilized this position for several years now. The Public Works Director has submitted a request for reclassification for this position. I have reviewed the request and have developed a Safety Specialist job description that meets the current and anticipated duties currently being performed by this individual. I have determined that a Grade 11 is appropriate for this position given the level of responsibility, supervision, consequence of error, stress, risk, job qualifications, etc, inherent with the job duties. Given that the individual in this position has already been given a salary increase to take on the additional duties, there would be no budgetary impact on the City to make this change. Please note that while this position was a Parks Service Worker II, we do not anticipate needing to augment the Parks Department staff until Lions Park comes on line in two to three years. I respectfully request approval of this reclassification, which entails approval of the Safety Specialist Job Description. Thank you for your consideration. Please let me know if you have any questions or concerns. ADM-MEM-10-04-005 Page 113 of 117 5-16 Class Title: Safety Specialist Department: Public Works Division: Streets GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: 11 Effective Date: Date Revised: 04/09/2010 The Safety Specialist performs a variety of skilled and semi -skilled duties, pertaining to Safety in the Public Works/Streets Department and other City Departments. REPORTING RELATIONSHIPS Supervision Received: The Safety Specialist receives general guidance and direction from the Streets Superintendent and/or Public Works Director. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Coordinates City-wide and Public Works Department -specific safety programs; Performs education/training programs to ensure compliance and appropriate risk management; arranges, coordinates, and teaches a variety of safety oriented classes, defensive driving, and general safety compliance; prepares/administers safety equipment budget; Tracks safety related information, preparing periodic reports for management. Reads and interprets risk management related information and assists departments in applying that information in reducing liability; Reviews and analyzes all vehicle accidents, near accidents, first report of injuries and supervisor's accident investigation reports; meets with department safety representatives and supervisors to analyze problem areas and determine corrective actions that will reduce high frequency accidents; Presides at monthly safety committee meetings; attends and/or presents various department safety meetings; works directly with department safety representatives to implement needed safety/health and risk prevention training. Serves as Public Works department emergency preparedness officer. Provides education in the areas of safety and fire prevention, accident/injury prevention, including giving talks, demonstrations, and presentations; Performs safety inspections within the City; Maintains a variety of data and records regarding fire inspection or prevention activities. Oversees the inspection of agency and contractor working conditions, job sites and safety procedures; Resolves employee safety complaints and develops, promotes and implements safety programs. Safety Specialist C1144e 1gof 117 Page 1 of 2 5-16 Tests materials for compliance to specifications; follows uniform testing procedures related to earthwork, aggregate production, asphalt, concrete, etc. Monitors test equipment and ensures proper working condition and accuracy. Assists with the preparation, maintenance and monitoring of the installation of signs and warning devices; Monitors signage practices to assure compliance with State and Federal regulations and other applicable standards. Performs related duties as assigned. MININIUNI QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. Considerable experience in investigating and/or analyzing occupational and/or traffic safety practices or teaching occupational and/or traffic safety courses. B. Required Knowledge, Skills and Abilities 1. Considerable knowledge of OSHA construction and safety standards. 2. Ability to operate or learn to operate light equipment; ability to follow oral and written instructions; ability to establish and maintain effective working relationships with other employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment must possess a valid Utah driver's license. D. Work Environment and Physical Demands The Safety Specialist works in variable weather and traffic conditions. The Safety Specialist performs light and heavy labor. Tasks regularly involve working in traffic with the use of safety equipment. Tasks regularly include walking, standing, stooping, sitting, reaching, climbing and lifting. Talking, hearing and seeing are necessary for performing most essential duties. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Safety Specialist C4,9*Ogof 117 Page 2 of 2 5-16 Class Title: Parks Service Worker II Department: Public Works Division: Parks GENERAL PURPOSE CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: 5 Effective Date: Date Revised: 3/21/97 Performs a variety of semi -skilled and skilled labor and maintenance duties in the upkeep and improvement of park facilities for the City. REPORTING RELATIONSHIPS Supervision Received: The Parks Service Worker II works under the general and close supervision of the Parks Superintendent and Public Works Director. Supervision Exercised: N/A ESSENTIAL FUNCTIONS Irrigates the lawns and keeps the irrigation facilities in operating condition; including the adjustment of valves and sprinklers. Performs a variety of mowing functions including mowing of the park lawns, trimming along the edges and around trees, providing minor repairs to lawn mowers and trimming equipment. Performs a variety of routine grounds maintenance work; rakes, plants, transplants, sprays, trims shrubs and low trees; relays sod. Removes various debris from the park grounds making the parks safe and clean. Sweeps around picnic tables; cleans restrooms; paints the various facilities as instructed. Weeds around trees and other places; burns trash if necessary; sprays for noxious weeds and insects if needed. Operates construction and maintenance machinery. Performs related duties as required. Parks Service Worker II 9gabi.fRof 117 Page 1 of 2 5-16 MINIMUM QUALIFICATIONS A. Education and Experience 1. High school graduate or equivalent AND 2. One (1) year experience in parks maintenance OR 3. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Working knowledge of plants and plant care; working knowledge of the use of lawn mowers and construction and maintenance equipment; working knowledge of sprinklers and sprinkler systems. 2. Ability to use small hand tools, make minor repairs, use construction and maintenance equipment; ability to establish good working relationships with other employees and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. D. Work Environment and Physical Demands The Parks Service Worker II works in variable weather conditions. The Parks Service Worker II performs heavy and light labor. Tasks regularly include muscular strain, including walking, standing, stooping, reaching and lifting. Talking, hearing and seeing are necessary for performing most essential functions. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Parks Service Worker II C/13 eel'f i of 117 Page 2 of 2 5-16