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
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0
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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
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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
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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
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PROPOSED BII�l1:/pEpESTRIAN PATHW� qy --
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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
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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
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Amount
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Present at Bid Opening:
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3/29/2010
:,pg
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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A MAMMAL SIJEDMSION
MITI#N TIE 6E1 4 OF SECTION 35,
T 26 S. R 21 E. SUM, MOAB CITY,
GRAND COUNTY, UTAH
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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
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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
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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)
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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.
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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:
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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MANHOLE
/AS-1
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OVERALL SITE PLAN
SCALE: I. - 100'
MANHOLE
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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
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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
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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
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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
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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
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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
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