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Home My Public Portal AboutPKT-CC-2010-04-27CITY OF MOAI3 APRIL 27, 2010 PRE -COUNCIL WORKSHOP 5:00 PM RPGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAM13PRS (217 EAST CENTER STREET) 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 27, 2010 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 5:00 p.m. PRE -COUNCIL WORKSHOP/JOINT PLANNING COMMISSION MEETING 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 April 2, 2010 1-2 April 13, 2010 1-3 April 20, 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: PRESENTATION 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for April 2010 for Helen M. Knight Intermediate School 4-2 Presentation by Grand County Teen Advocates SECTION 5: NEW BUSINESS 5-1 Approval of a Special Business Event License for the Moab Arts Festival to Conduct an Arts Festival on May 29 and 30, 2010 5-2 Request by the Moab Arts Festival for Use of Swanny City Park on May 29 and 30, 2010 to Conduct an Arts Festival 5-3 Request for an Amplified Music Event at Old City Park by Shayla Dunn on July 17, 2010 5-4 Request by Tyler Servoss for Use of Swanny City Park on June 10 and 11, 2010 5-5 Approval of a Special Business Event License for Rockwell Relay LLC/Tyler Servoss to Conduct a Bicycle Relay Race at Swanny City Park on June 10 and 11, 2010 5-6 Approval of Proposed Resolution 1#11-2010 — A Resolution Approving an Amended Interlocal Agreement by and between the City of Moab and Grand County Pertaining to the Relocation of a City Water Pipeline 5-7 Approval of a Contract for the Purchase of Goods and Services by and between the City of Moab and Excel Bridges 5-8 Determination Regarding Future Allocation of Real Estate Transfer Assessment Funds 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 Moab City Council Master Meeting Calendar* April 2010 40" 2010 S M T W T F May 2010 S S M T W T F S 11 18 25 1 2 4 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 3 10 2 3 4 5 17 9 10 11 12 24 16 17 18 19 23 24 25 26 30 31 1 6 7 8 13 14 15 20 21 22 27 28 29 M CO N t9 0 a r N co7:00pm T m LO Nq Q Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 28 29 30 31 Apr 1 2 3 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 4 5 6 7 8 9 10 6:00pm 7:00pm GCAB 9:00am 11:00am UDOT Ann 3:00pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 7:00pm 7:00pm 9:00pm CVTC 9:00pm Moab CC E 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 7:00pm 9:00pm Moab CC E 11 12 13 14 15 16 17 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 7:00pm 7:00pm GC PC 8:00pm TSSD :00pm Moab CC' 18 19 20 21 22 23 24 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:00pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 6:30pm 8:00pm Moab PC 9:00pm Moab CE1111 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 4/23/2010 5:01 PM *Meeting end times are approximations only Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Moab City Council Master Meeting Calendar* 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 m N co N g o> T W N N co m oc rc m 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 Moab CC E 7:00pm 9:00pm CVTC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 9 10 11 12 13 14 15 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GCSDBEN 3:00pm 3:30pm MVFPD 6:00pm 'rpm 7:00pm 7:00pm GC PC 9:00pm Moab CCE 8:00pm TSSD 6:30pm 7:00pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 8:00pm TSSSFD :00pm Moab CC' 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 4/23/2010 5:01 PM *Meeting end times are approximations only Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday MOAB CITY COUNCIL SPECIAL JOINT MEETING April 2, 2010 The Moab City Council held a Special Joint City Council/Grand County Council Meeting on the above date in the Council Chambers of the Grand County Courthouse, 125 East Center Street, Moab, Utah. Mayor Pro-tem Bauman called the Special City Council Meeting to order at 11:37 AM. In attendance were Councilmembers Kirstin Peterson, Gregg Stucki, Jeffrey Davis and Sarah Bauman; City Manager Donna Metzler, Deputy City Recorder Beth Joseph and Community Development Director David Olsen. Attending from Grand County were Councilmembers Audrey Graham, Chris Baird, Gene Ciarus, Robert Greenberg and Council Administrator Melinda Brimhall. Five members of the audience were present. City Manager Metzler made a presentation Regarding the Review of City and County Roads. Discussion followed. City Manager Metzler made a presentation Regarding the Review of Interlocal Agreements. Discussion followed. Mayor Pro-tem Bauman adjourned the Special Council Meeting at 12:45 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel Ellison City Recorder/Asst City Mgr SPECIAL MEETING AND ATTENDANCE PRESENTATION AND DISCUSSION PRESENTATION AND DISCUSSION ADJOURNMENT April 2, 2010 Page 1 of 1 MOAB CITY COUNCIL REGULAR MEETING April 13, 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, Kirstin Peterson and Gregg Stucki; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, Public Works Director Brent Williams, Community Development Director David Olsen, City Treasurer Jennie Ross and Deputy Recorder II Danielle Guerrero. 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 Stucki moved to approve the minutes of March 23, April 6 and 7, 2010. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. There were no Citizens to be Heard. 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 and gave an update on code enforcement issues. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Williams gave an update on the 500 West project. Mayor Sakrison Proclaimed Friday, April 30, 2010 as Arbor Day in the City of Moab. Mayor Sakrison Proclaimed April 2010 as Child Abuse Prevention Month in the City of Moab. Councilmember Stucki moved to approve 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. Councilmember Peterson seconded the motion. Councilmember Bailey moved to table approval of 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. The motion died for lack of a second. The motion to approve 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 failed 2-3 nay with Councilmembers Stucki and Bauman voting aye and Councilmembers Peterson and Bailey voting nay with Mayor Sakrison APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PROCLAMATIONS MOTION TO APPROVE A LOCAL VENDOR LICENSE FOR JONNY HYMAS MOTION TO TABLE A LOCAL VENDOR LICENSE FOR JONNY HYMAS DIES FOR LACK OF SECOND MOTION TO APPROVE A LOCAL VENDOR LICENSE FOR JONNY HYMAS, FAILED April 13, 2010 Page 1 of 3 1-2 breaking the tie and voting nay. Councilmember Bailey moved to approve a Class II Beer License for Frankie Winfrey, d.b.a. Sabaku Restaurant, Located at 90 East Center Street. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve 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. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Request for Use of Swanny City Park by Jim Mattingly on April 23 and 24, 2010 for the April Action Car Show. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve 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. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve 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. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Ordinance #2010-10—An Ordinance Amending Moab Municipal Code Section 5.20 Pertaining to Alcoholic Beverages. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve the Two Bridges Bid Award to Excel Bridges in the amount of $17,900 per bridge. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call - vote. Councilmember Peterson moved to approve the Mill Creek Drive Bike Lane and Pavement Rehabilitation Bid Award to LeGrand Johnson Construction Company in the amount of $248,737.80. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call - vote. Councilmember Bailey moved to approve the Mill Creek Drive Bike Lane and Pavement Rehabilitation Contract to LeGrand Johnson Construction. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve the Consent Agenda as follows: 1) Approval of the Preserve Subdivision Final Plat, Phase I; 2) Approval of the Preserve Subdivision Improvements Agreement; 3) Approval of a Trust Deed for the Preserve Subdivision Improvements Agreement; 4) Approval of the Preserve Subdivision Protection Strip Dedication. Councilmember Bauman seconded the motion. The motion carried 3-0 aye with Councilmember Bailey abstaining. CLASS II BEER LICENSE FOR FRANKIE WINFREY, D.B.A. SABAKU RESTAURANT, APPROVED LOCAL CONSENT FOR A LIMITED RESTAURANT AND ON -PREMISE BEER LICENSE FOR FRANKIE WINFREY, APPROVED USE OF SWANNY CITY PARK FOR APRIL ACTION CAR SHOW, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR APRIL ACTION CAR SHOW, APPROVED PROPOSED ORDINANCE #2010- 08 - VACATING A PORTION OF HACIENDAS SUBDIVISION, APPROVED PROPOSED ORDINANCE #2010- 10 - AMENDING CODE PERTAINING TO ALCOHOLIC BEVERAGES, APPROVED TWO BRIDGES BID AWARDED TO EXCEL BRIDGES MILL CREEK DRIVE BIKE LANE AND PAVEMENT REHAB BID, APPROVED MILL CREEK DRIVE BIKE LANE AND PAVEMENT REHAB CONTRACT, APPROVED CONSENT AGENDA, APPROVED April 13, 2010 Page 2 of 3 -2 Councilmember Peterson moved to approve 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. Councilmember Stucki seconded the motion. The motion carried 3-0 aye with Councilmember Bailey abstaining. Councilmember Stucki moved to approve the Reclassification of One Parks Service Worker II Position to Safety Specialist. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Under Reading of Correspondence, Councilmember Peterson distributed a letter concerning Real Estate Transfer Assessments. Under Administrative Report, City Manager Metzler stated that the next Council Budget Workshop would be on April 20, 2010 at 7:00 PM. City Manager Metzler then stated that the City Council/Planning Commission discussion regarding Moved -on Structures would be on April 27, 2010 at 5:00 PM. City Manager Metzler stated that she would be serving on the Utah State University Steering Committee and that the South End development was starting to progress. City Manager Metzler stated that the aquatic center project was moving along well. 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 $1,346,911.12. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. AMENDMENT #1 TO THE AGREEMENT FOR NORTH AREA TRUNK SEWER PUBLIC UTILITY IMPROVEMENTS, APPROVED RECLASSIFICATION OF ONE PARKS SERVICE WORKER II POSITION TO SAFETY SPECIALIST, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS Councilmember Stucki moved to adjourn the meeting. Councilmember MOTION TO ADJOURN, Bailey seconded the motion. The motion carried 4-0 aye. APPROVED Mayor Sakrison adjourned the meeting at 8:25 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. ADJOURNMENT April 13, 2010 Page 3 of 3 -2 MOAB CITY COUNCIL SPECIAL WORKSHOP MEETING April 20, 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 and Gregg Stucki; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart and Public Works Director Brent Williams. Councilmember Bailey moved to award the 2010 Chip Seal Project to LeGrand Johnson in the amount of $114,550. Councilmember Stucki seconded the motion. The motion carried 3-0 by a roll -call -vote. Councilmember Bailey moved to approve the 2010 Chip Seal Project Contract to LeGrand Johnson. Councilmember Stucki seconded the motion. The motion carried 3-0 by a roll -call -vote. Councilmember Bailey moved to approve the Employee Benefits Consultant Bid to Wells Fargo Insurance Services. Councilmember Stucki seconded the motion. The motion carried 3-0 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: Water, Sewer, Storm Water Drainage, Capital Projects, Community Development, Millcreek, Administration, Executive, General Government, Recorder, Treasurer, Attorney and Youth City Council. Discussion followed. SPECIAL MEETING & ATTENDANCE 2010 CHIP SEAL PROJECT AWARD, APPROVED 2010 CHIP SEAL PROJECT CONTRACT, APPROVED EMPLOYEE BENEFITS CONSULTANT BID, APPROVED BUDGET PRESENTATION AND DISCUSSION Councilmember Bailey moved to adjourn the meeting. Councilmember MOTION TO ADJOURN, APPROVED Bauman seconded the motion. The motion carried 3-0 aye. Mayor Sakrison adjourned the meeting at 8:47 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. ADJOURNMENT April 20, 2010 Page 1 of 1 4/1/2010 i 2 3 4 5 6 0 Grand County Teen Advocates Tobacco Free Parks Who we are... • Physical and emotional dangers of tobacco use... • Can kill lungs, heart, brain • Affects your respiratory system -tar in your lungs, asthma, emphysema, chronic bronchitis • Higher chance of cancers -lung, mouth, throat, tongue Tobacco use also... • Affects your cognition • Causes premature wrinkles, bad breath, yellow teeth, gum disease, tooth decay • Physically addictive • 2nd hand smoke dangers • • Women are at 20% and men at 30% greater chance of lung cancer • Causes nasal, sinus, and breast cancer • Kids have a higher chance of asthma, pneumonia, emphysema • Major cause of stillbirths and SIDS (Sudden Infant Death Syndrome) • Chemical facts and poisons 1' • Tobacco contains over 4,000 chemicals including : • Rat poison • Formaldehyde • Rocket fuel • Acetone • Battery acid • Lead • Arsenic • Other concerns • Kids will eat cigarette butts • Animals will eat cigarette butts • Fire hazard • • s II Bad examples • Kids see adults smoking and think it's OK • Kids see other kids smoking and think it's cool • 9 () 19 other counties in Utah have passed outdoor smoke -free policies io O Passing an outdoor smoke -free ordinance • We would like the Moab city council to pass an ordinance banning tobacco use in city parks. • We feel that it is important to begin changing the social norms around smoking and tobacco use in outdoor public places. 472 UTAH COUNTY BOARD OF HEALTH REGULATION ON SMOKING IN OUTDOOR PUBLIC PLACES Under Authority of Section 26A-1-121 Utah Code Annotated, 2008 1.0 PURPOSE 1.1 The purposes of this regulation are to: 1.1.1 Protect public health, safety and general welfare by prohibiting smoking in OUTDOOR PUBLIC PLACES under circumstances where other persons will be exposed to the toxic effects of SECONDHAND SMOKE. 1.1.2 Protect the public and the environment from tobacco related litter and pollution. 1.1.3 Recognize the right of residents and visitors to the County to be free from unwelcome SECONDHAND SMOKE and affirm a family -friendly atmosphere in the County's public places. 1.1.4 Reduce the potential for children to associate SMOKING with a healthy lifestyle. 2.0 APPLICABLE LAWS AND REGULATIONS 2.1 Municipalities/Businesses/Organizations are required to comply with the following applicable laws and regulations which are referenced below: 2.1.1 Utah Indoor Clean Air Act 26-38-1 to 9 2.1.2 Utah Indoor Clean Air Act Rule 392-510-1 to16 2.1.3 Utah Secondhand Smoke Amendments 57-8-16-7(b) & 57-22-5-1(h) 2.1.4 Utah Code for Local Health Authorities 26A-1-121 3.0 DEFINITIONS 3.1. "Public Park" means and includes city -owned parks, public squares, ball diamonds, soccer fields, and other recreation areas, but not designated smoking areas specified by the city. 3.2. "Mass gathering" means an outdoor assembly of 100 or more people on city -owned property that reasonably can be expected to continue for two or more hours. 3.3. "Smoke" or "smoking" means and includes: possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette or any kind, or of any other lighted smoking equipment. 4.0 CREATION OF SMOKE -FREE OUTDOOR PUBLIC PLACES 4.1 Smoking is hereby prohibited in public parks and within fifty (50) feet of mass gatherings. 5.0 EXCEPTIONS 5.1 This regulation does not apply to SMOKING areas for EMPLOYEES. Designated employee SMOKING areas are subject to the Utah Indoor Clean Air Act 26-38-1-9. 5.2 This regulation does not apply in cities within Utah County in which the city has adopted, by ordinance or by administrative policy, regulations governing smoking in public parks or other public places. 6.0 PENALTIES AND ENFORCEMENT 6.1 Penalties 6.1.1 The Utah County Board of Health recommends the penalty for violating this regulation be $25.00 for the first offense and $100.00 for subsequent offenses within a two year period of the first violation. 6.2 Enforcement of Penalties 6.2.1 Any peace officer or city code enforcement officer may enforce the penalty of this regulation. 7.0 POSTING OF SIGNS 7.1 No Smoking Signs shall be clearly posted in every OUTDOOR PUBLIC PLACE. 7.2 Signs shall include the international "No Smoking" symbol. 7.3 Signs shall be posted by June 1, 2009. 8.0 SEVERABILITY 8.1 In the event any court of competent jurisdiction should declare any particular clause or sentence of this regulation invalid or unconstitutional, the remaining portions shall remain in full force and effect. Toward that end the provisions of these regulations are declared to be severable. 9.0 EFFECTIVE DATE 9.1 This regulation shall take effect on January 1, 2009. DATE PAID: AMOUNT PAID: RECEIPT NO.: �o ,o-o .2aia(.=, CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT MO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 NAME OF EVENT: DESCRIPTION OF EVENT: i-1 V 2.- ► Y V S-l e^ 4- 0 lS P I-,AYS N g"r4 rota YA L SDJA )\ DIY c try pa R •K PREMISES TO BE USED: 96-+r LOCATION OF EVENT: TEMPORARY STRUCTURES TO BE USED (IF ANY): i Z J S r.-13o�� nSZRv ice �A 1 Lf-RS- DATES) AND TIMES) OF EVENT: ✓1Tq'n 2.9 j O �S 1 ' ►— R pY1r1 S7 JN hoq 30 %"0 � ANTICIPATED # OF EVENT PARTICIPANTS: y--/S Q 0 NUMBER OF VENDORS PARTICIPATING: J O +/— ARI' 13S Foo TYPES OF VENDORS PARTICIPATING IN EVENT: EXPLAIN FEES GENERATE BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): FREZ_ A r oIS3-i 9T\)3 EVENT SPONSORS NAME: ''' okb j�R� F -S-r V AL) � C %PHONE: -SC1— 2 (11� SPONSORS ADDRESS: � TS �O � � )� n- � CITY: AV AB STATE: V I ZIP: 9z/s8' SPONSORS DRIVER LICENSE NUMBER SPONSORS SOCIAL SECURITY NUMBE DATE EO`OF BIRTH: A TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP ►_ CORPORATION OOTHER (SPECIFY): 0 1 1 C 3� EVENT SPONSORS SALES TAX I E REGISTERED WITH THE STATE FC'�.1 AX ID: I yU� iA 8 AS {Q E 0\ 6 , p� THIS FORM IS AN APPLICATION FOR A SPECIAL BUS1!•.IESS EVENT LICENSE. -THE ,ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVfTY WITHIN THE CITY WITHOUT FIRST OBTAININC A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE `1ia G 1� � ✓ � { I I �l PV " HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME( 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. IANE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND LICANT (SPONSOR). INVE AGREI TO FILE THE PROPER REPORTS WITH THE TATE (]F UTAH. Igna ure o ponsor State of Utah ) ) SS County of Grand )'" SUBCRIBED AND WORN to before me this ri day of BLIC ate SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! 5-1 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: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: 01 910 oo� ❑ YES 41- No ❑ YES '_)No DATE: 4 IC NAME OFAPPLIGANT: MoAi .fraS FG.sTiv4 L. l oc PHONE S 2. APPLICANT� ' + S MAIONG ADDRESS: SO A � � V CITY: MOAB STATE: (Ir ZIP: Ws.%‘2 BUSINESS NAME: k4e) ,0-g-rs P"CSTi W BUSINESS LOCATION: S I. A O" Y cfly po R ZONE: y22 SAT V' "% iat.I DETAILED DESCRIPTION OF BUSINESS ACTIVITY: - " ' DA) l- e V J / VJ 4 1-- A 46 / / V N600Vs - J `� z ve-moks-- put fiW if ',K(1�� Act vmn--- .... � ,?,Dive/o 56A Moab Arts Festival 375 South Main #236 Moab, UT 84532 www.moabartsfestival.org phone 435.259.2742 fax 435.259.2418 e-mail: info®moabartsfestival.org City of Moab 217 East Center Moab, UT 84532 Dear Moab City Council: The Moab Arts Festival respectfully requests use of the Swanny City Park on Saturday/Sunday - May 29th & 30th for the 18th Annual Moab Arts Festival. Thank you for your consideration. ,ite}kt(2_4, Theresa King Murph Moab Arts Festival Coordinator CU Q 2662535 HP LASERJET FAX E O. CO N O O N CO L Qi CC' April 21, 2010 Moab City Council Moab City Hall -Council Chambers 217 E. Center Street Moab, Ut 84532 Hello City Council Members, Our event, the Rockwell Relay Bicycle race, would like to request the use of a portion of Swanny City Park on Thursday June 10th from 4-9 p.m. for a small expo and event packet pick-up and then again on June 11th from 6 a.m. to 9 a.m. for our race staging and departure. This would likely be along the grass on the eastern edge of the park. We do not require electricity or water, and anticipate setting up 6-8 10x10 canopies for our registration and vendors. We will also park a semi and trailer on the street for P.A. and registration. We are a first year event and our registration is currently open. Though we don't yet have exact numbers, we anticipate 100 to 300 attendees and are prepared to provide the required $1,000 deposit if our numbers exceed 200. We have submitted an application for a Special Event Business License, and made arrangements with the Moab City Police department for an escort out of town. We are excited to bring this event to Moab and provide a positive impact to the community, both experientially and economically. I would be happy to meet in person or provide additional details over the phone. Tyler Servoss Event Director Rockwell Relay: Moab to St. George 801-425-4535 Tyler@rockwellrelay.com www.rockwellrelay.com n in C MC1-tI[AL. izagpiabie- °-� / I s/ (:)10 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY 0. MOAB SPECIAL, BUSINESS EVEN/ (LICENSE APPLICATION 217 EAST CENTER STREET Ni0A53, UTAH 84532 43 ) ?59-51 1 i FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB NAME OF EVENT: � T�,R O c.k W � I) Relay DESCRIPTION OF EVEN: — Q ;Gi�c.,10 C/L�G<�/i� LOCATION OF EVENT: J 1,✓w i1YK'� V ckr 1L PREMISES TO BE USED: n A et4 --- TEMPORARY STRUCTURES TO BE USED OF ANY): fold DATE(S) AND TIME(S) OF EVENT: �Ur'e )0 }" ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: Moab +9 S+ Y`GkC�' fie•' L oval aWh:"ID S COI® a0la 5:co 9 Al, 1,0 1:o")p.4f 3tdfre 0") q." 1,, /0,,ODA.44 P5e SPECIAL EVENT FEE: $80.00 PLUS (CHECK ONE): TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: 8p. a o� $D a° 300 :,,t.' ;t„ OF VENDORS i .. CriO;PAi ING: ,: g 0o4-cimr (Frociv�'{'S EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): EVENT SPONSOR'S NAME: R odc we 1'( SPONSOR'S ADDRESS: �60 En 5^co SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP Le CORPORATION EVENT SPONSOR'S SALES TAX ID #: �h(9 01)e - rvos5 c rn►r)DiDeN PHONE: 30/ STATE: U t ZIP: B 90aS U )A).) DATE OF BI/R /- MOTHER (SPECIFY): rVAMc REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE !^.!'_ ;SSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE iN SUCH ACTIVITY WITHIN HE NIl HOOT FIPST OBT,:INING A LICENSE: L :.:FORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE ✓oS) PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS A.S SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDcR TANG THIS LICENSE IS NON-r%ANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I/VVE AGREE TO FILE THE PROPER REPORTS WITH T r'. STATE OF UTA.H. fi State of Utah Ignature of Sponsor ) SS County of Grand ) SUBCRIBED AND SWORN to before me this r t day of HEREBY AGREE 10 CONOUCTBUSINESS STRICTLY IN ACCORDANCE wvi T H THE MOAB CITY , SEE BACK O • . r • . • • i r NT! 5-5 Resolution #11-2010 A RESOLUTION APPROVING AN AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOAB AND GRAND COUNTY PERTAINING TO THE RELOCATION OF A CITY WATER PIPELINE WHEREAS, COUNTY is engaged in preparing plans, specifications and estimates of costs for a highway reconstruction project identified as STP LC 19(8), Mill Creek Dr.; Spanish Valley Dr. to Murphy Lane in unincorporated Grand County, Utah; and WHEREAS, said reconstruction necessitates work consisting of relocating a portion of CITY's existing water system facilities; and WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, the governing bodies of the City and Grand County have determined that the proposed roadway improvements will directly benefit city and county residents alike; and WHEREAS, Grand County prepared an interlocal agreement that covers the terms and conditions of the relocation of the City Water System facilities and presented said agreement to the City of Moab; and WHEREAS, the Governing Body adopted said interlocal agreement on December 15, 2009; and WHEREAS, Grand County did not adopt said agreement and has presented a revised agreement to the City of Moab, which is attached. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to enter into an a revised interlocal agreement with Grand County that covers the terms and conditions of the relocation of City water system facilities, and to previous rescind approval of the interlocal agreement for the same purpose that was adopted on December, 2009. Passed and adopted by action of the Governing Body of the City of Moab in open session this 27th day of April, 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution # 11-2010 5-6 STP LC 19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek -Spanish Dr. to Murphy Ln. MOAB CITY Federal ID No. 870296502 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 6th day of April, 2010, by and between GRAND COUNTY, hereinafter referred to as "COUNTY" and the CITY OF MOAB, a Registered CITY in the State of Utah, hereinafter referred to as the "CITY", and jointly as the "PARTIES", WITNESSETH: WHEREAS, COUNTY is engaged in preparing plans, specifications and estimates of costs for a highway reconstruction project identified as STP LC 19(8), Mill Creek Dr., Spanish Valley Dr. to Murphy Lane in unincorporated Grand County, Utah; and WHEREAS, said reconstruction necessitates work consisting of relocating a portion of CITY's existing water system facilities as shown on COUNTY's plans, which by this reference are made a part hereof, and said relocation work is described as follows: A. Remove approximately 230 ft of 10 inch diameter ductile iron water line connected to the existing bridge structure and replace with water line of the same type and diameter connected to the new bridge structure. Said work being located along the east side of the Mill Creek Dr. between Sta. 35+00 and 38+00. WHEREAS, project STP LC 19(8) is a Federal Aid project subject to the terms and conditions set for the Title 23, Code of Federal Regulations, Part 645, Subpart A, Utility Relocations, Adjustments and Reimbursement (23 CFR part 645 A) and said regulation is hereby incorporated into this agreement by reference, and WHEREAS, the PARTIES have agreed that the COUNTY shall move the water line at its own expense; and WHEREAS, in accordance with 23 CFR, Part 645.117, the COUNTY has agreed that the CITY will not credit the project for any accrued depreciation or betterment for the utility relocation work; and WHEREAS, in accordance with 23 CFR part 645.113, the PARTIES are required to agree in writing on their separate responsibilities for financing and accomplishing the relocation work. NOW THEREFORE, it is agreed by and between the PARTIES hereto as follows: 1 5-6 STP LC 19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek -Spanish Dr. to Murphy Ln. MOAB CITY Federal ID No. 870296502 7. In the event there are changes in the scope of the work, extra work, or changes in the planned work covered by this agreement, a modification to this agreement in the form of a Construction Change Order issued by the Resident Engineer, and signed by representatives of the parties hereto is required prior to the start of work on said changes or additions. 8. The CITY agrees to take ownership of the new water system facilities upon successful completion of construction activities for the entire roadway project. To the extent it may lawfully do so, CITY further agrees to relieve COUNTY from any responsibly or liability that may result from their new facilities or operation thereof. 9. CITY and COUNTY representative for the purposes carrying out this agreement will be the following persons: For the COUNTY County Engineer, Mark Wright 125 East Center St Moab, Utah 84532 Phone: (435) 259-1368 Email: mwrightl(a�grand.state.ut.us For the CITY Public Works Director, Brent Williams 217 East Center St Moab, Utah 84532 Phone: (435) 259-7485 Email: brent(cr�moabcity.org 3 5-6 STP LC 19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek -Spanish Dr. to Murphy Ln. MOAB CITY Federal ID No. 870296502 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. ATTEST: GRAN OUNTY, By Gt/i/ eL ak-A- Diana Carroll Title Grand County Clerk/Auditor Audrey G Title Grand County Council Chair Date: Date: 9/9 f f O (IMPRESS SEAL) ATTEST: CITY OF MOAB, ay By Title Title Date: Date: (IMPRESS SEAL) RECOMMENDED FOR APPROVAL: UTAH DEPARTMENT OF TRANSPORTATION By Utilities/Railroads Coordinator Region Director Date: Date: APPROVED AS TO FORM: COMPTROLLER OFFICE This Form Agreement has been previously approved as to form by the office of Legal Counsel for the Utah By Department of Transportation. Contract Administrator Date: 4 5-6 CITY OF MOAB CONTRACT FOR THE PURCHASE OF GOODS and SERVICES ("Contract") This Contract is between the City of Moab, a Utah municipal corporation ("City"), and EXCEL BRIDGE COMPANY ("Contractor"). This Contract is effective on the date it has been signed by all parties. This contract expires on the date all warranties have expired. Contractor agrees to sell, and City agrees to purchase, Goods and Services for the benefit of City subject to the following terms and conditions: RECITALS This Contract is for the purchase and sale of the following: two bridges in conformance with the bid specifications and documents. The following documents shall be deemed to form and be read and construed as part of this agreement: 1. Bidding documents, viz a. Advertisement for Bids b. Instructions to Bidders c. Bid Form d. Bid Specifications e. Bid Drawings 1. DEFINITIONS. A. "Goods" means the goods specified in Section 2. B. "Services" means the services, if any, that are incidental to the purchase of Goods and that Contractor is required to perform under Section 2. C. "Specifications" means the specific attributes of Goods and Services described in the Bidding documents and in Section 3. D. "Work Product' means all Goods and Services Contractor delivers or is required to deliver to City pursuant to this Contract. 2. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE. Contractor shall deliver to City the following Goods and Services for the prices specified in this Section 2. A. GOODS. i. Description and Quantity: Two bridges and all other items necessary that conform to the requirements of the Bidding documents. ii. Price: $35,800, in lawful money of the United States of America. B. SERVICES. i. Design: Professional design of two bridges to ensure conformance to the performance requirements, structural requirements, and all other requirements set forth in the bidding documents. ii. Price: Contractor shall perform Services at no additional cost to City. C. DELIVERY of GOODS & SERVICES. Two Bridges Purchase Contract Page 1 of 8 i. Contractor shall deliver Goods to City and shall perform Services, if any, at the following address: 500 West and Mill Creek (approximately 100 South), Moab, Utah ii. Contractor shall deliver Goods F.O.B. at place of destination. iii. Contractor shall retain the risk of loss of Goods until City accepts Goods in accordance with Section 4.C. iv. Contractor shall deliver Goods no later than fifty-six (56) calendar days from the effective date of this Contract. 3. SPECIFICATIONS. Contractor shall deliver all Goods and Services specified in Section 2 in accordance with this Section 3. Contractor's failure to deliver Goods and Services in accordance with the provisions of this Contract is a material breach of this Contract. A. GENERAL PROVISIONS. i. Non -Compliance. If any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to comply with applicable regulatory standards or the Specifications, Contractor shall immediately notify City of the recall or non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as applicable, and all other supporting documentation for the recall or non-compliance determination. City may elect to (a) reject Goods in whole or in part, or (b) revoke its acceptance of Goods in whole or in part. If City rejects Goods or revokes its acceptance of Goods, Contractor shall remove the particular Goods from City's possession as provided in Section 4.C.iv at no cost to City and shall reimburse City for all payments made for those Goods. ii. Standard Components. Unless specified otherwise in this Section 3, Specifications, Contractor shall provide Goods with all components and accessories that the manufacturer lists as "standard" for Goods. iii. Necessary Components. Unless specified otherwise in this Section 3, Specifications, Contractor shall include all components, hardware and parts necessary for complete and proper assembly, installation and operation of Goods. iv. New and Unused Goods. Unless specified otherwise in this Section 3, Specifications, Contractor shall deliver Goods that are new, unused and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer's current parts catalogue for Goods. B. DETAILED SPECIFICATIONS. Refer to SPECIFICATIONS included in the bidding documents for detailed specifications pertaining to this contract. 4. TERMS AND CONDITIONS. A. PAYMENT. City's Payment. City shall pay Contractor for Goods delivered and Services performed at the prices and rates specified in Section 2. Contractor shall look solely to City for payment of all amounts City owes to Contractor. B. PAYMENT SCHEDULE, INVOICES. i. Contractor shall be entitled to 55% of the total Contract price upon execution of this Contract and shall be entitled to the remaining balance of the Contract price upon the City's final acceptance of the Goods and Contractor's completion of the Services. Two Bridges Purchase Contract Page 2 of 8 ii. Contractor shall submit invoices as request for payment. Contractor shall send all invoices to the City mailing address specified in Section 6 or to any other address that City may indicate in writing to Contractor. Contractor shall include in each invoice: a. The Solicitation number if any, the Contract number if any; b. The quantity of Goods ordered, the quantity of Goods delivered, the date Goods were delivered, the price per unit, if applicable; c. A detailed description of Services performed, including the name or names of the individuals who performed Services and prepared the deliverables to which the invoice applies, the dates Services were performed, all deliverables delivered during the period of the invoices, the rate or rates for Services performed, and the total cost of Services; d. Itemization and explanation of all expenses for which Contractor claims reimbursement authorized under this Contract; and e. The total amount due and the payment address. C. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE: i. Acceptance. City shall test, if City in its sole discretion deems testing necessary, inspect and either accept or reject Goods delivered within seven (7) calendar days from the date Contractor delivers Goods to City. If City does not provide written notice of acceptance or rejection of Goods to Contractor within seven (7) calendar days following the date of delivery of Goods, City is deemed to have accepted Goods. ii. Rejection. If City rejects Goods, then City's written notice of rejection shall, at a minimum, itemize the apparent defects and include: a. a description of nonconformance between Goods delivered and the required Specifications and warranties (including any variance from demonstrations or sample characteristics of Goods if Contractor provided demonstrations or samples); b. a description of any other nonconformance of Goods (including late delivery); and c. a statement indicating whether Contractor may cure the nonconformance and if so, the method by which and time period within which Contractor may cure. iii. Revocation of Acceptance. Notwithstanding City's acceptance of Goods under Section 4.C.i City may revoke its acceptance of Goods for nonconformance with the Specifications. If City revokes acceptance of Goods, City shall deliver a written notice of revocation of acceptance to Contractor that includes the same information required for a written notice of rejection under Section 4.C.ii. iv. Effect of Rejection or Revocation of Acceptance. If City rejects Goods or revokes its acceptance of Goods, Contractor shall refund all payments City has made to Contractor for those Goods and shall, at no cost to City, remove Goods from City's possession within thirty (30) calendar days following the later of the date of City's notice of rejection, the date of City's notice of revocation of acceptance, or the date of Contractor's failure to cure if cure is permitted. Nothing contained in this Section 4.0 precludes City from pursuing any remedies to which either may be entitled upon rejection or revocation of acceptance of Goods or otherwise under this Contract. D. CONTRACTOR REPRESENTATIONS AND WARRANTIES. i. All express and implied warranties that are applicable to goods under Utah state law apply to Goods delivered under this Contract. Contractor represents and further warrants that: a. Contractor has the authority to enter into and perform in accordance with this Contract, and that this Contract, when executed and delivered, is a valid and binding obligation of Contractor that is enforceable in accordance with its terms; b. All Goods delivered to City are new, unused, current production models and are free from defects in materials, design and manufacture for the duration of the warranty period Two Bridges Purchase Contract Page 3 of 8 specified in the Bidding documents. ("Warranty Period"). Contractor further represents and warrants that all Goods meet or exceed all Specifications; c. All Goods delivered shall comply with all applicable safety standards. d. Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence and perform Services in a timely, professional and workmanlike manner in accordance with standards applicable to Contractor's industry, trade or profession; e. Contractor is, and shall be at all times during the term of this Contract, qualified, professionally competent and duly licensed to perform Services; f. Contractor has unencumbered title to the goods, and that same are delivered free of any liens or encumbrances; and g• The Goods are merchantable and are fit for the intended purposes of the City, as specified by the bidding documents. ii. The warranties specified in this Section 4.D are in addition to, and not in lieu of, any other warranties provided in this Contract. All warranties are cumulative and shall be interpreted broadly to give City the greatest warranty protection available. E. MANUFACTURER WARRANTIES. At no charge to City, Contractor shall transfer or cause the transfer of all manufacturers' warranties for Goods and component parts, if any, to the City for City's benefit when Contractor delivers Goods to City. If a conflict or inconsistency exists between a manufacturer's warranty and Contractor's warranty, the warranty that provides the greatest benefit and protection to City shall prevail. F. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS. Contractor shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Contract or to Contractor's obligations under this Contract, as they may be adopted or amended from time to time. G. MATERIAL SAFETY DATA SHEET. At the time Contractor delivers Goods to City, Contractor shall provide to City a "Material Safety Data Sheet" as defined by (OSHA) for any Goods delivered which may release or otherwise cause exposure to a hazardous chemical substance under normal conditions of use. Contractor shall properly label, tag or mark those Goods. H. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence in the performance of this Contract. I. FORCE MAJEURE. Neither City nor Contractor shall be responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, or any other cause which is beyond either party's reasonable control. Contractor shall make all reasonable efforts to eliminate the cause of Contractor's delay or breach and shall, upon elimination of the cause, continue performing under this Contract. Alternately, the City may terminate this Contract upon written notice to Contractor after reasonably determining that this delay or breach could likely prevent successful performance of this Contract. J. INDEMNIFICATION. General Indemnification. Contractor shall defend, hold harmless, and indemnify City, its officers, directors, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, Two Bridges Purchase Contract Page 4 of 8 costs and expenses of any nature whatsoever ("claims") resulting from, arising out of, or relation to the acts or omissions of contractor or its officers, employees, subcontractors, or agents under this contract. K. EVENTS OF BREACH. i. Breach by Contractor. Contractor breaches this Contract if: a. Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; b. Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained the required license or certificate within fourteen (14) calendar days after delivery of City's notice of breach or a longer period as City may specify in its notice; or c. Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract and Contractor fails to cure its breach within fourteen (14) calendar days after delivery of City's notice of breach or within a longer period as City may specify in its notice. ii. Breach by City. City breaches this Contract if: a. City fails to pay Contractor any amount pursuant to the terms of this Contract, and City fails to cure this failure within fourteen (14) business days after delivery of Contractor's notice of breach or within a longer period as Contractor may specify in its notice; or b. City commits any material breach of its obligations under this Contract, fails to perform its obligations hereunder within the time specified or any extension thereof, and fails to cure its failure within fourteen (14) calendar days after delivery of Contractor's notice of breach or a longer period as Contractor may specify in its notice. L. REMEDIES. i. City's Remedies. If Contractor is in breach under Section 4.K.i, then in addition to the remedies afforded elsewhere in this Contract, City shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, incidental and consequential damages, as provided in Utah state law. City may, at its option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: a. Termination of this Contract under Section 4.N.ii; b. Withholding all amounts Contractor has invoiced for Goods and Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; c. Initiation of an action or proceeding for damages, specific performance, repletion, declaratory or injunctive relief; or d. Exercise of the right of setoff and withholding amounts otherwise due and owing to Contractor in an amount equal to City's setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If Contractor is found to not be in breach under Section 4.K.i, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to Section 4.N.ii.a. ii. Contractor's Remedies. If City terminates this Contract for convenience under Section 4.N.ii.a, Contractor's remedy shall be limited to recovery of any direct losses for storage and transport up to the time of termination. If City is in breach under Section 4.K.ii and whether or not Contractor elects to exercise its right to terminate this Contract under Section 4.N.iii, Contractor's sole remedy is a claim against City is for the unpaid price for any Goods delivered and accepted by City or with respect to Goods rejected by the City, the difference between the Contract Price and Two Bridges Purchase Contract Page 5 of 8 any subsequent sale of the Contract Goods, less any claims City has against Contractor, and is as follows for unpaid Services completed and accepted by City: a. For Services compensable on an hourly basis, a claim against City for unpaid invoices, hours worked but not yet invoiced and authorized expenses for Services completed and accepted by City less any claims City has against Contractor. b. For deliverable -based Services, a claim against City for the amount specified for completing the deliverable multiplied by the percentage of Services completed and accepted by City, less previous amounts paid and the amount of any claims City has against Contractor. c. If previous amounts paid to Contractor for Goods and Services exceed the amount due to Contractor under this Section 4.L.ii, Contractor shall pay the excess amount to City immediately upon written demand. M. ATTORNEYS' FEES. In the event of any dispute arising out of this Contract, the substantially prevailing parry shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief specified herein. N. TERMINATION. i. Termination by Mutual Consent. The Contract may be terminated at any time by mutual written consent of the parties. ii. Termination by City: a. City may, at its sole discretion, terminate the Contract for its convenience upon 30 days written notice to Contractor. b. City may, in its sole discretion, terminate this Contract, immediately upon notice to Contractor, or at a later date as City may establish in its notice, upon the occurrence of any of the following events: 1. City fails to receive funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient to allow City, in the exercise of its reasonable administrative discretion, to make payments under this Contract; 2. Federal or state laws, regulations, or guidelines are modified or interpreted in a way that either the purchase of Goods or Services, or both, by the City under this Contract is prohibited, or the City is prohibited from paying for Goods or Services, or both, from the planned funding source; or 3. Contractor commits any material breach of this Contract. 4. Contractor shall stop performance under this Contract as directed by City in any written notice of termination delivered to Contractor under this Section 4.N.ii. iii. Termination by Contractor: Contractor may terminate this Contract immediately upon written notice to City, or at a later date as Contractor may establish in its notice, if City is in breach under Section 4.K.ii. O. TITLE TO GOODS. Title to Goods. Title to Goods passes to City in accordance with Utah state law. P. NOTICES. All notices required under this Contract shall be in writing and addressed to the parry's authorized representative. For City, the authorized representative is the City contact person identified in Section 8. Contractor's authorized representative is the contact person identified in Section 7. Mailed notices are Two Bridges Purchase Contract Page 6 of 8 5-7 deemed received five (5) days after the post mark date when properly addressed and deposited prepaid into the U.S. postal service. Faxed notices are deemed received upon electronic confirmation of successful transmission to the designated fax number. Notices delivered by personal delivery are deemed received when delivered to the address specified for the receiving party's authorized representative. Q. GOVERNING LAW. The Contract is governed by and construed in accordance with the laws of State of Utah. Venue for any dispute arising out of this contract shall be in the courts of Grand County, Utah. R. SEVERABILITY. If a court of competent jurisdiction declares any provision of this Contract to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular provision held to be invalid. S. SUBCONTRACTS; ASSIGNMENT; SUCCESSORS. i. Contractor shall not enter into any subcontracts for any Services required under this Contract without City's prior written consent. In addition to any other provisions City may require, Contractor shall include in any permitted subcontract provisions to ensure that City will receive the benefit of subcontractor's performance as if the subcontractor were Contractor with respect to Sections 3, 4.D, 4.E, 4.G, 4.H, 4.J, 4.P, 4.R, and 4.T. City's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract. ii. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without City's prior written consent. City's written consent does not relieve Contractor of any obligations under this Contract, and any assignee, transferee, or delegate is considered Contractor's agent. iii. The provisions of this Contract are binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns, if any. T. MERGER CLAUSE; AMENDMENT; WAIVER. This Contract constitutes the entire agreement between the parties on the subject matter thereof. There are no understandings, agreements or representations, oral or written, not specified in this document. This Contract may only be amended by execution of a written document properly authorized as provided by applicable statutes. No waiver or consent to any departure from the terms of this Contract shall bind either party unless in writing and signed by City and Contractor, and all necessary approvals have been obtained. Waivers and consents shall be effective only in the specific instance and for the specific purpose given. The failure of City to enforce any provision of this Contract shall not constitute a waiver by City as to any successive breach or any breach of other provisions. U. THIRD PARTY BENEFICIARIES. City and Contractor are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract. City is an intended beneficiary of the terms of this Contract. V. COUNTERPARTS. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Contract so executed shall constitute an original. Two Bridges Purchase Contract Page 7 of 8 5. CERTIFICATIONS AND SIGNATURE OF CONTRACTOR'S AUTHORIZED REPRESENTATIVE. THIS CONTRACT MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF CONTRACTOR. The undersigned certifies under penalty of perjury both individually and on behalf of Contractor that: A. The undersigned is a duly authorized representative of Contractor, has been authorized by Contractor to make all representations, attestations, and certifications contained in this Contract and to execute this Contract on behalf of Contractor; B. Contractor is bound by and will comply with all requirements, terms and conditions contained in this Contract and will provide Goods and Services in accordance with the Specifications; and Contractor: Authorized Signature: By (print name): Title: Attest (if corporation): By (print name): Title: Date: Contractor's Contact Person (Type or Print): Contact Telephone Number: ( ) Contact Fax Number: ( ) Contact E-Mail Address: Mailing Address: 6. SIGNATURE OF CITY'S AUTHORIZED REPRESENTATIVE. City accepts Contractor's offer and awards this Contract to Contractor for Goods and Service described in this Contract. FOR THE CITY OF MOAB By: David L. Sakrison, Mayor Date: City's Contact Person: Attest: Rachel Ellison, City Recorder David Olsen, Community Development Director Phone: 435-259-5129 Fax: 435-259-4135 Email: david@moabcity.org City Mailing Address: 217 East Center Street, Moab, Utah, 84532 Two Bridges Purchase Contract Page 8 of 8 MOAB CITY CORPORATION General Ledger for 10 General Fund-1/1/2006 to 4/21/2010 Account Balance Date Type Description Debit Credit 36940 - REAL ESTATE TRANSFER ASSESSMNT $0.00 9/30/2006 CONV CR - REAL ESTATE TRANSFER ASSESSMENT - THE GO 1,600.50 (1,600.50) 10/31/2006 CONV CR - REAL ESTATE TRANSFER ASSESMENT - THE GON 1,600.00 (3,200.50) 10/31/2006 CONV CR - UNIT 112 RONDINA GONZO CONDO - GONZO CON 1,450.00 (4,650.50) 10/31/2006 CONY CR - UNIT 201 MINISSI GONZO CONDO'S - GONZO C 1,650.00 (6,300.50) 10/31/2006 CONV CR - Voids Receipt - 6.148739 - THE GONZO CON 1,600.00 (4,700.50) 10/31/2006 CONV CR - MISC PYMTS - THE GONZO INN CONDO OWNER A 1,600.00 (6,300.50) 11/30/2006 CONV CR - UNIT 110 MCDERMAD - THE GONZO CONDOMINIU 1,450.00 (7,750.50) 11/30/2006 CONV CR - REAL ESTATE TRANSFER - THE GONZO INN CON 1,495.00 (9,245.50) 11/30/2006 CONV CR - MISC PYMTS - THE GONZO INN CONDOMINIUMS 1,425.00 (10,670.50) 11/30/2006 CONV CR - MISC PYMTS - THE GONZO INN CONDOMINIUMS 1,600.00 (12,270.50) 12/31/2006 CONV CR - REAL ESTATE TRANSFER - GONZO INN 1,450.00 (13,720.50) 1/31/2007 CONV CR - REAL ESTATE TRANSFER - GONZO INN 1,600.00 (15,320.50) 2/28/2007 CONV CR - REAL ESTATE TRANSFER ASSESSMNT - THE GON 1,625.00 (16,945.50) 2/28/2007 CONV CR - REAL ESTATE TRANSFER ASSESSMNT - THE GON 1,525.00 (18,470.50) 2/28/2007 CONY CR - REAL ESTATE TRANSFER ASSESSMNT - THE GON 1,600.00 (20,070.50) 2/28/2007 CONV CR - REAL ESTATE TRANSFER ASSESSMNT - THE GON 1,400.00 (21,470.50) 4/30/2007 CONV CR - REAL ESTATE TRANSFER ASSESSMNT - GONZO C 1,650.00 (23,120.50) 11/30/2007 CONV CR - RETA-REAL ESTATE TRANSFER - GONZO CONDOM 1,548.75 (24,669.25) 3/31/2008 CONV CR - REAL ESTATE TRANSFER - GONZO INN 1,680.00 (26,349.25) $1,600.00 ($27,949.25) ($26,349.25) Report Total: ($26,349.25) 5-8 Page 1 4/22/2010 04:45 PM AGREEMENT CONCERNING THE USE OF THE REAL ESTATE TRANSFER ASSESSMENT (THE GONZO CONDOMINIUMS) THIS AGREEMENT ("Agreement") is made effective as of September 5, 2006 ("Effective Date") by and between The Gonzo Land Company, LLC, a Colorado limited liability company ("Declarant"), The Gonzo Condominiums Owners Association, Inc., a Utah nonprofit corporation ("Association") and the City of Moab, Utah ("City"). The Parties agree as follows: 1. Declarant has caused a certain Condominium Declaration for The Gonzo Condominiums to be recorded on , 2006 in Reception No. ("Declaration") and a certain Condominium Map for The Gonzo Condominiums to be recorded on 2006 in Reception No. ("Map"). 2. Pursuant to the Declaration, Declarant caused the Association to be formed in accordance with applicable law and for purposes stated in the Declaration. 3. The Gonzo Condominiums consists of certain Residential Units as depicted on the Map and existing in accordance with the Declaration. 4. The Declaration provides for the imposition and collection of a certain Real Estate Transfer Assessment in the amount of one percent of the purchase price of a Residential Unit ("RETA") which is to be paid and collected at closing of the sale or transfer of each Residential Unit, unless the transaction is entitled to an exemption from the payment of the RETA as stated in the Declaration. 5. The parties acknowledge and agree that this Agreement is entered into voluntarily, and not as a result of any requirement imposed by the City as a condition for land use approval or the approval of any construction or development activity. It is further agreed that the RETA, as specified above, constitutes a special assessment applicable to transfers of real property for the purposes of curing deficiencies in existing public facilities and addressing future public needs. 6. The Association agrees to assess and pay to the City, and the City agrees to receive, a RETA in the amount of one half of one percent (.5%) of the gross proceeds of all non-exempt transfers (as defined in the Declaration) of real property subject to the Declaration. All such proceeds will be paid by the Association to the City within 30 days of each closing. 7 The Association shall interpret and enforce the Declaration with respect to the collection of the RETA and the granting or withholding of an exemption from the RETA. The Association agrees to provide to the City an accounting substantiating all RETA income on an annual basis. 8. The City agrees to use the RETA proceeds only for: (a) the purpose of creating affordable employee housing for employees in the Moab region and/or (b) the purpose of acquiring, constructing, maintaining and/or repairing trails in the Moab region. 9 Miscellaneous. 9.1 The rights, duties and obligations of the Parties shall be binding upon and shall inure to the benefit of, and be a burden upon, the heirs, designees, successors and assigns of the undersigned Parties. This Agreement may not be assigned in whole or in part by a party without the express written consent of the other parties. This Agreement J:\2006\Agreements\Gonzo RETA Agreement.doc Page 1 of 6 5-8 shall inure to the benefit of and be binding upon any successors or permitted assigns of the parties. 9.2 Time is of the essence of this Agreement and for the performance of each of the duties and obligations provided herein. In entering into this Agreement, the Parties acknowledge and agree that they will perform their duties and obligations in a commercially reasonable manner and in good faith and that this commitment is being relied upon by each other Party. 9.3 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, negotiations and undertakings are superseded by this Agreement. This Agreement may not be modified or amended except in writing signed by all the Parties hereto. The parties to this agreement are defined on the signature pages, below. There are no known or intended third party beneficiaries under this Agreement. 9.4 In the event of an alleged default hereunder, the Party alleging the default shall send written notice to the Party allegedly in default stating the grounds for the alleged default and the specific steps that the defaulting party must take to cure the alleged default. The alleged defaulting party shall have seven (7) days to cure the default. 9.5 All notices, demands or writings in this Agreement provided to be given or made or sent that may be given or made or sent by either party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and delivered either by Fax, Email or United States Mail (certified, return receipt requests and postage pre -paid), and addressed to the party, at the below stated mailing address, email address or fax number. The mailing address, email address or fax number to which any notice, demand or writing may be changed by sending written notice to each Party notifying the party of the change. Declarant: City: Association: The Gonzo Land Company, LLC City of Moab, The Gonzo Condominiums 187 Aldasoro Road 217 East Center Street Owners Association, Inc. Telluride, Colorado 81435 Moab, Utah 84532 187 Aldasoro Road Phone: (970) 728-5474 Phone: (435) 259-5121 Telluride, Colorado 81435 Fax: (970) 728-6217 Fax: (435) 259-4135 Phone: (970) 728-5474 Email: mhbadger@aol.com Email: donna@moabcity.org Fax: (970) 728-6217 Email: mhbadger@aol.com With a Copy to With a Copy to With a Copy to Thomas G. Kennedy, Esquire Christopher G. McAnany, Thomas G. Kennedy, Esquire P.O. Box 3081 Dufford, Waldeck, Milburn & Krohn, P.O. Box 3081 Telluride, CO 81435 LLP Telluride, CO 81435 Phone: (970) 728-2424 744 Horizon Court, Suite 300 Phone: (970) 728-2424 Fax: (970) 728-9439 Grand Junction, CO 81506 Fax: (970) 728-9439 Email: tom@tklaw.net Phone: (970) 241-5500 Email: tom@tklaw.net Fax: (970) 243-7738 Email: mcanany@dwmk.com 9.6 This Agreement shall be governed by the laws of the State of Utah without reference to any choice of laws provision contained therein. The sole jurisdiction and venue for any action arising with respect to this Agreement shall be a court of competent jurisdiction located in Grand County, Utah. In the event of litigation arising from a 5 J:\2006\Agreements\Gonzo RETA Agreement.doc Page 2 of 6 -8 dispute under this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney fees. A Party may pursue all remedies provided for under Utah law in the event of a default under this Agreement, including specific performance and injunctive relief. 9.7 If any provision of this Agreement shall be found invalid or unenforceable, this shall not affect the validity of the remaining provisions of this Agreement, and the remaining provisions shall remain in full force and effect. 9.8 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Facsimile copies of any Party's signature hereon shall be deemed an original for all purposes of this Agreement. 9.9 This Agreement shall only terminate upon mutual agreement of all parties or upon the termination of the Declaration. J:\2006\Agreements\Gonzo RETA Agreement.doc Page 3 of 6 5-8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. The Gonzo Land Company, LLC, a Colorado limited liability company By: Date: Printed Name: Title: STATE OF COUNTY OF )§ This document was acknowledged before me this day of , 2006 by as the of The Gonzo Land Company, LLC, a Colorado limited liability company. Witness my hand and official seal. Notary Public J:\2006\Agreements\Gonzo RETA Agreement.doc My commission expires: Page 4 of 6 5-8 The Gonzo Condominiums Owners Association, Inc., a Utah nonprofit corporation By: Date: Printed Name: Title: STATE OF COUNTY OF )§ This document was acknowledged before me this _ day of , 2006 by as the of The Gonzo Condominiums Owners Association, Inc.. Witness my hand and official seal. Notary Public J:\2006\Agreements\Gonzo RETA Agreement.doc My commission expires: Page 5 of 6 5-8 The City of Moab, Utah By: Date: Printed Name: David Sakrison Title: Mayor STATE OF COUNTY OF )§ This document was acknowledged before me this day of , 2006 by David Sakrison as the Mayor of The City of Moab, Utah. Witness my hand and official seal. Notary Public Attest: My commission expires: Rachel Ellison, City Recorder Date J:\2006\Agreements\Gonzo RETA Agreement.doc Page 6 of 6 5-8