HomeMy Public PortalAboutPKT-CC-2010-06-08CITY OF MOAI3
JUNG 8, 2010
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMI3PRS
(217 EAST CENTER STREET)
Page 1 of 72
Page 2 of 72
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, June 8, 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
None
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: PRESENTATIONS
4-1 Presentation by the Portal Vistas Homeowners' Association
SECTION 5: CONSENT AGENDA
5-1 Request to Send Proposed Resolution #13-2010 — A Resolution Amending the
Fiscal Year 2009-2010 Budget to Public Hearing
5-2 Request to Send Proposed Ordinance #2010-11— An Ordinance Vacating a
Portion of Portal Vista Planned Unit Development to Public Hearing
5-3 Request to Send Proposed Resolution #14-2010 — A Resolution Amending the
City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected
Officials Salary to Public Hearing
SECTION 6: NEW BUSINESS
6-1 Approval of Proposed Resolution #12-2010 — A Resolution Adopting the Fiscal
Year 2010-2011 Budget
Page 3 of 72
6-2 Approval of Change Order #1 for the Mill Creek Drive Pavement
Rehabilitation and Bicycle/Pedestrian Access Improvement Project
6-3 Approval of a Request by the Moab Area Chamber of Commerce for Use of
Swanny City Park on July 3, 2010 to Conduct a Celebration
6-4 Approval of a Special Business Event License for the Moab Area Chamber of
Commerce to Conduct an Independence Day Celebration on July 3, 2010
6-5 Request for a Waiver of the Swanny City Park Damage Deposit of $1,000 by
the Moab Area Chamber of Commerce
6-6 Approval of a Special Event License for Moon Shadows in Moab to Conduct a
Cycling Event on June 26, 2010
6-7 Discussion Regarding the Provisions of the Historic Preservation Ordinance
and an Appointed Historic Preservation Review Board
SECTION 7: READING OF CORRESPONDENCE
SECTION 8: ADMINISTRATIVE REPORTS
SECTION 9: REPORT ON CITY/COUNTY COOPERATION
SECTION 10: MAYOR AND COUNCIL REPORTS
SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 12: 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 4 of 72
i
Portal Vista HOA Submittal for
Moab City Council Consideration
May 25, 2010
Consideration of Resolution to Vacate
Partial Plat Portal Vista PUD
Submitted by Jeff Clapp
Trustee, Portal Vista HOA
Page 5 of 72
Introduction
There are four parties affected by default conditions in Portal Vista; the homeowners
who have undivided interest in PUD common areas, the HOA which is charged with
maintenance of these, the City which is the supervisory authority over the development
process, and the developer who has all development obligations. The Improvements
Agreement established specific responsibilities for the two signing parties; the City and
Portal Park. Numerous failures to meet these requirements have significantly
compromised the interests of the homeowners and HOA. A performance bond
required by the Improvements Agreement was established to protect default
conditions, but was not collected. This leaves a number of issues unresolved.
The HOA has two significant concerns that should be addressed by the City:
1. The City must establish the resolution for partial vacation of plat so as not to further
compromise the interests of the Homeowners and HOA. The resolution should leave
no room for ambiguity with regards to the status of ownership of parcels in the area
about to enter lapse, the rights and responsibilities of the owners, and the conditions
for further development.
2. We as homeowners, and collectively as an HOA, look to the City, as the supervisory
authority, to establish a clear plan to ensure that development deficiencies in
common areas in the occupied portion of the PUD are remedied in an expedient
manner. There are drainage and/or landscaping deficiencies in parcels B, C & D in
this part of the PUD. Homeowners and HOA do not intend to accept the
consequences of the failures of the development process. The only performance
requirement of residents was to pay for our homes, including our individual share of
common area, as referenced by home deeds. We have done so. The City should
communicate to Portal Vista residents and the HOA a plan to achieve remedy of
project deficiencies referenced later in this document.
These two issues are outlined in greater detail below:
First, the following issues require resolution prior to Vacation of Plat
1. The PV HOA has legal title to three parcels in the area subject to lapse of plat; E, F &
H. We understand that the City intends to void E & F from the plat, as they are not
"road accessible". This is expeditious from the City's view, but presents an
inconsistency between county records of title and city records showing reference to
land we own. The City lapse process must continue to reference these parcels.
2. We understand that the parcels about to enter lapse will continue to be part of the
PV PUD, and Portal Park will remain a member of the HOA. We also understand that
if further development occurs, it will cease to be part of the PUD, and residents there
will not be members of our HOA. This should be established as public record now.
Page 6 of 72
3. Portal Vista HOA CCRs & Bylaws provide voting rights for members that equal the
number of "lots" each owns. The City must provide lot numbers to parcels Portal Park
owns on the post -lapse plat map, so that Portal Park may retain a voting interest
within the HOA. Otherwise, no voting rights can be recognized.
4. Our attorney has notified us that future homeowners in the undeveloped area will
have legal access to privately owned and maintained PV roads. Our HOA has a
legal right to be reimbursed reasonable ongoing fees for their use by these non-PV
residents. The resolution should establish the following requirements before
development permits are issued for this area:
• A construction bond must be posted which will return PV streets to pre -
construction condition after development is complete, if the developer does not
do so. The City should conduct pre and post development inspections to ensure
compliance, and should hold the bond.
• The developer must secure a legal agreement with the PV HOA which establishes
ongoing road use fees by future residents or their HOA.
5. In the area about to undergo lapse, there are two parcels, E & F, that are owned by
the HOA as common area which are not needed to meet title 17 PUD common area
space requirements, and one; parcel H, which does. We do not intend to develop
these, and have no legal obligation to do so. Nor will the HOA accept responsibility
to construct streets which the developer failed to construct. Do not confuse our title
to these parcels as assumption of any unfilled obligations by the City or developer of
the full scope of development process and obligations. These areas are not
developed, and will remain as -is.
Failures to Comply with Improvements Agreement
1. Paragraph 3.1 established a completion date for the entire PUD project of August 1,
2004. The City Council was empowered to authorize an extension for good reason.
2. Paragraph 4.1 required inspections of all drainage and landscaping work.
3. Paragraph 4.3 required a performance bond for 125% of the value of all
improvements to be placed with the City for surety against default.
4. Paragraph 5.1 prohibited the developer from selling any homes prior to city
inspection and approval of all improvements in that phase. As the project was
approved in its entirety, not by -phase, even work in the area about to undergo lapse
was to have been completed before the 1st home sale in Portal Vista.
The project deadline was ignored. No extension was requested or approved. No bond
was obtained. No inspections were conducted. Significant deficiencies have existed
since 2002. The developer collected the proceeds from 31 homes and, to this day, has
failed to complete required common area improvements. This process was enabled by
lack of City oversight as defined by Title 17 and the IA.
4-1
Page 7 of 72
Despite Paragraph 7.8's claim that the agreement does not create third party
beneficiaries, our attorney assures us that both homeowners and the HOA are third
party beneficiaries of this contract. Neither homeowners, who have an undivided
interest in common space title, nor the HOA, which is charged with maintaining this
land, have waived their rights. We did not sign the IA, nor were any development
obligations assigned us.
The following must be addressed as Common Area Deficiencies to the Plan:
(see pictures using same reference number as below for selected issues)
1. The entrance drainage in the North end of the Parcel B common area was not
constructed per plan. This area collects standing water in the street and low areas in
Parcel B.
2. Side Drainage Channels into Parcels B & C from the West were not constructed per
plan. 12" concrete channels were to run continuously from the street into the central
common areas and terminate in large rip -rap pads of 6" to 12" hand -placed rock.
The incomplete channels collect weeds and standing water.
3. Landscaping in Parcel C in phase II common area does not exist. The developer
attempted to "deliver" this area with no city inspection, full of weeds, on July 17,
2008. Pictures documenting the condition of this area on that day are attached.
4. Walking paths in Parcels B & C were not installed with weed cloth, and the gravel
was not properly compacted.
5. Parcel D, the large area to the South was inspected by the fire chief several years
ago. It is full of debris, low brush and deadfall, and was determined at that time to
be a fire hazard. This area has received no developer improvement.
6. The irrigation system in Parcel B, the north central common area does not have the
required back -flow device, as required by code.
Not listed above are additional extensive deficiencies, but for which we do not ask
remedy: Parcel G was never developed. The HOA paid a landscaping service to
improve this in 2009. Storm drain grates were to collect water in Parcels B & C into a 12"
drainage pipe which was to carry storm water into wetlands in Parcel H. These do no
exist. The drainage swale referenced on the plan for Parcels B & C was not properly
graded.
In closing:
Residents of Portal Vista and the HOA have been asking for City assistance on project
problems since April 2007. This represents a period longer than the two year project
completion horizon. If the City fails to address the issues outlined here, the
consequences of the failure to properly developer Portal Vista will continue to
compromise the value of our homes and our day to day living conditions. Please take
the time to address everything outlined here and to make these resolutions clear to all
parties, so that all rights, responsibilities and costs are defined for the future.
Page 8 of 72
4-1
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1. This photo was taken by Bill Simpson in front of his home, lot #1, in
August 2007 after a heavy rain. The entrance to Portal Vista is to the
right behind the fence line. The children standing in the water are in
front of the north end of the large central common area, Parcel B.
Instead of implementing the drainage plan in the Subdivision
Improvements Plan, Portal Park installed a low volume sump
(approximately 5 gallons) behind the posts. A 3" PVC pipe extends 28"
from this into a low spot in Parcel B. The drainage swale indicated on the
plan was not properly graded, and the 12' PVC pipe and storm grate
required by the plan is non-existent. The Rip -Rap pad of hand -placed
rock at the top of this area does not exist.
4-1
Page 9 of 72
1
This photo, taken in April 2010, shows the drainage channel entering Parcel B
from the West. The Development Improvements Plan calls for a continuous 12"
drainage channel to run from the street at the far end of the photo into the
common area where the photo was taken. A Rip -Rap pad 8' wide by 8' long was
to have been hand placed with 6" to 12" rock to prevent erosion in the common
area. Not in view is a partial 12" concrete channel which runs approximate 1/3
of the distance of the planned channp6Sittppiling water and weeds accumulate
in this space.
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2. This photo shows the drainage channel that flows from the West into Parcel
C. It was taken the same day as the previous photo. All notes from the prior
Page 11 of 72
photo apply here.
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3. This Photo shows the conditions of Parcel C on July 17, 2008. Earlier that summer, Portal Park's
landscaper hydroseeded this area with low-grade prairie grass. No weed abatement was performed.
On the day this photo was taken Christophe Schork, a principal of Portal Park, had protective fencing
removed from this area and declared to a Portal Park trustee that the area was now "delivered". Portal
Park did not even cut the weeds, some waist -high, to obscure the condition of this area on that day.
In his August 27, 2009 letter to Ms. Summer Johnson, of the City, Tom Shellenberger, another Portal
Park principal claimed "Both sections of open space were planted with grass and trees and had matured
to the point that the grass had greened up beautifully."
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Page 13 of 72
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Page 14 of 72
4-1
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5. Parcel D lies immediately South of homes in the SW corner of the currently occupied portion
of Portal Vista. It is choked with deadfall, debris and ancient Russian Olive trees. This area has
received no improvement effort. Most of Parcel D lies in the floodplain and was to have been
raised with significant landfill prior to improvement. This area was deemed a fire hazard by the
Moab Fire Chief over two years ago.
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MOAB
City of Moab
Planning and Zoning Department
Correspondence
PL-10-009
June 4, 2010
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: Approval of Ordinance #2010-11, an Ordinance Vacating a Portion of
Portal Vista Planned Unit Development
Background
Staff first provided Council with an update for this issue on November 19, 2009. At the
time, staff had been trying to work with Portal Park, LLC, the developer of Portal Vista
Planned Unit Development, in an effort to correct deficiencies and complete and/or
correct the required improvements for the developed portions of the subdivision. There
were difficulties in reaching agreements with the developer and many of the corrective
efforts have resulted in the developer providing less than what is required by the code or
the approved site plan. Portal Park, LLC is comprised of Tom Shellenberger, Roger
Knight, and Christoph Schork.
Portal Vista was originally approved in 2002 and amended in 2004. In addition to the 45
single family home sites, several areas of open space were set aside. These areas were
intended to be developed with landscaping for use by the residents and be connected by
a simple trail system. The attached plat shows the approved lot configuration with the
proposed open space areas and the private street system.
Development of the property occurred from north to south with the final portion
containing lots 12-25 and open space Parcels E, F, and H (D on some plats) remaining
undeveloped.
The Improvements Agreement (IA) was approved on August 28, 2002, and is on file in
the County Recorder's Office (copy attached). The developer had two years in which to
complete the required improvements or request an extension of the SIA. Neither one of
these options was pursued.
Ordinance #2010-11 will vacate a large portion of the undeveloped southern portion of
the plat. Any additional development will require a new subdivision plat and guarantee
bond for the required improvements that were supposed to be completed in the first
portions of the development as well as cover the construction costs plus 50% of the
improvements for the undeveloped portion.
The attachment ("A") to this ordinance is the vacation plat of The Portal Vista Planned
Unit Development (PUD). A bond was not submitted prior to construction of the
Page 17 of 72
Moab City Council
PL-10-069
June 4, 2010
Portal Vista P00 Vacation
Ordinance #2010-11
improvements and so other attachments such as improvement construction costs or
detailed graphics indicating the extent of the improvements will not be created.
The portions of the plat that will be retained include a small portion of the private street,
approximately 31'X 23 feet, and an open space "Parcel H". The street extension is
necessary to insure access for the remaining undeveloped "Parcel E".
Parcel H is needed to satisfy the 25% open space requirements of the PUD. Currently,
the northern developed portions of the PUD include open space parcels A-D that
comprise 21 % of the required 25% open space. By retaining Parcel H as part of the
open space, the 25% open space requirement will be satisfied. Removal of this parcel
from the vacation will create open space areas of 31 %.
The previous Lot 25 is no longer called out as a part of the subdivision and becomes a
parcel "J", described only in terms of metes -and -bounds.
Ordinance #2010-11 establishes the reasons for the vacation and those parcels of the
PUD that will remain.
The attached amended plat will be recorded with Grand County and will provide the final
step for this action.
Recommendation
Staff recommends that Council approve Ordinance #2010-11. The future developer of
this property will be required to submit a new development application and post the
appropriate bond to cover the required improvements.
pAplanning department \2010\correspondence \p1-10-044ord 2010-08 haciendas vacate.dacx
Page 18 of 72
Page 2 of 2
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NUMBER OF LOTS
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AVERAGE LOT AREA
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FRE HYDRANT
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Page20 of 72
73.88' , 6e 612'
5-2
IMPROVEMENTS AGREEMENT
The CITY OF MOAB, a Utah municipality ("City"), and PORTAL PARK, LLC, a Utah
limited liability company ("Owner") have entered into the following Agreement pursuant to the
Moab Municipal Code § 17.66.010, et seq., to secure performance and the installation of
improvements as required as a condition for approval of the Portal Park Subdivision Planned
Unit Development ("PUD"). For valuable consideration, the sufficiency of which both parties
acknowledge, the parties agree as follows:
1.1. Covered Property. The real property subject to this Agreement ("Property") is as
follows:
beginning at the NE comer of the NW 1/4 NE 1/4 of Section 2, T26S, R21E,
SLBM, and running thence S 1320 feet W 20 rods, N 1170 feet, E 50 feet, N 25
feet, E 10 feet, E 270 feet to the point of beginning, all in the County of Grand,
State of Utah.
2.1 Required Improvements. Owner will develop the Property in conformity with the
final plat/plan attached as Exhibit "A." Owner hereby agrees to comply with all
conditions placed upon the approval as specified before the Moab City Council
and agrees to construct and install all improvements, including curb, gutter.
streets, utilities, drainage improvemci:i.;, and landscaping as further specified in
the engineering plan drawings, Exhibit A, and all other attachments deposited
with the City. The following improvements are required:
a. An 8" looped water line to connect the City line on Bartlett Ave with the
City line in Fourth North.
b. An 8" sewer line to replace the existing City sewer line.
c. Rolled curb and gutter and 5 foot wide sidewalk from the western entrance
to Grand Oasis to western boundary of the Property adjacent to Fourth
North.
d. Storm drainage and detention basin as specified in the Site Plan.
e. a five foot high field fence along the west and south boundaries of the
Property.
f. Irrigation to all landscaping and open space.
g•
Paved roads throughout as specified in the Site Plan.
I
Page 21 of 72
E 45-81 ?3 B 0586. P eeei --
Date 6-SEP-2002 15:01pm
Fee: No Fee Cash �3 2
MERLENE MOSHEk, Recorder
Filed By MM
For iMOAB CITY
GRAND COUNTY CORPORATION
h. All other improvements specified by Council or in the construction plans.
3.1 Phasing. of Construction. Except as provided in subsection a, below, construction
of all project improvements shall be completed no later than August 1, 2004. A
reasonable extension of time for the completion of improvements may be granted.
in the discretion of the City Council, upon a showing by the Owner that there is
good cause for an extension and that the work has been diligently prosecuted from
the date of this Agreement. The Project shall be constructed in three phases as
follows:
a. Phase One improvements shall include all improvements necessary for the
use and occupancy of Blocks 1 and 2 and lots 1 through 5 of Block 4,
together with all buffer fencing along the west boundary of the Property,
and the storm water overflow culvert between Phase Two and the South
boundary of the Property. Phase One improvements shall be completed by
December 31, 2002.
b. Phase Two improvements shall include all improvements necessary for
use and occupancy of Block 3 and lots 6-11 of Block 4 of the Project.
c. Phase Three improvements shall include all improvements necessary for
the use and occupancy of Block 4, the south boundary- fence, all remaining
storm water improvements, and all other required improvements.
4.1 Acceptance of Improvements. Warranty. All improvements, including streets fire
hydrants, curbs, gutters, sidewalks, water and sewer pipelines, and landscaping
shall be constructed in a workmanlike manner and in conformity with approved
plans and City specifications. All such improvements are subject to inspection by
the Public Works Director prior to completion. Water and sewer improvements to
be dedicated to the City ("Public Improvements") shall be inspected and tested
prior to acceptance. Upon acceptance title to Public Improvements will vest in the
City.
4.2 The Owner warrants that all Public Improvements dedicated to the City'
shall be constructed in a workmanlike manner and in accordance with
approved plans and specifications, and that all such improvements shall be
free of defects in materials and workmanship for a period of one (1) year
from the date of acceptance by the City. Owner shall promptly repair or
replace any defective work following receipt of written notice under this
warranty from the City. v
4.3 All Public Improvements shall be delivered free and clear of any lien or
encumbrance. Prior to commencing construction of improvements for
Page 22 of 72
E 458173 A 05436 P 2
each phase the owner shall post a payment and performance bond, in a
form acceptable to the City's legal counsel, for the use and benefit of the
City and/or any subcontractors, laborers, oL materialmen providing labor
or materials for that phase of construction. The bonds shall be in an
amount of not less than one hundred twenty five percent (125%) of the
estimated cost of all improvements and Public Improvements to be
constructed in that phase. Owner and City staff shall jointly approve the
estimated cost of improvements for each phase prior to the commencement
of construction.
5•1 Zoning Com liance Building _
the Property- shall only issue upon satisfactory completion and construction on individual
cept lots within
e of all
improvements and Public Improvements for each phase of construction. Owner
shall not sell, convey. exchange or otherwise transfer title to any individual lots
for a particular phase of development within the Property until such time as all
improvements and Public Improvements for that phase are completed and
accepted by the City, and all other provisions of this Agreement are complied
with. Any sale or transfer in violation of this section is a material breach o
Agreement. f the
6.1 Default. Remedies. Lapse of Plat. All provisions of this Agreement are material
and any violation is grounds for declaration of Default. Prior to invoking any
remedies for Default under this Agreement the City shall deliver 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.
6•1 Upon declaration of default the City may exercise any edies for
violation available under City ordinances or Utah statutesincluding,
without limitation, proceeding against the payment or performance bonds;
withholding building permits or certificates of occu anc compliance; an action to enjoin or abate zoning violations; ro clng ording of
lapse of plat, in whole or in part . other remedies available at law
ore equity. including � and any:
q specific performance or injunctive relief.
6.3 The recording of a lapse of plat by the City shall result in the reversion of
the zoning for the lands affected to that in existence prior to approval of
the PUD. A lapse of plat shall terminate all previous approvals and result
the elimination of platted lots for the affected property.
7.1 General Provisions. This Agreement shall be binding on and inure
of the successors and assigns of Owner in the ownership or development of all ofr
any portion of the Property. Prior to assigning any or all of his rights and duties
3
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E-458173 R 0586 P 2a0
under this Agreement Owner shall obtain from any transferee a written
assumption acknowledging and agreeing to be bound by this Agreement.
7.2 This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent
to which either party participated in the drafting.
7.3 Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims
arising with respect to later or subsequent breaches, acts or omissions.
7.4 The term "Agreement" includes this Improvements Agreement, the Final
Plat/Plan for the PUD, and all related design drawings, which documents
shall constitute the sole and complete Agreement between the parties. The
Agreement shall supercede all prior Agreements or representations,
however evidenced. No modifications to any of the terms of this
Agreement shall be binding, unless reduced to writing and lawfully
executed by both parties.
7.5 The place of performance of this Agreement is Grand County, Utah. In
the event of any legal dispute concerning the subjects of this Agreement.
the parties stipulate to venue in the Seventh Judicial District Court, Grand
County, Utah. In any such proceeding the parties waive trial to a jury on
all claims and agree that the action shall be tried to the court.
7.6 In any legal proceeding concerning the terms of this Agreement the
substantially prevailing party shall be entitled to recover its reasonable
attorney fees and court costs in addition to any other relief authorized
herein.
7.7 This Agreement shall be governed by Utah law.
7.3 This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that; (a) the Project is a private
development; (b) the City of Moab has no interest in, responsibilities for,
or duty to third parties concerning any improvements to the Property,
unless the City accepts the improvements pursuant to this Agreement; and
(c) except as otherwise provided herein, Owner shall have full power and
exclusive control of the Property.
7.9 The provisions of this Agreement are severable, and if any portion should
be held to be void or unenforceable, then the remainder of this Agreement
4
Page 24 of 72
5-2
E 458173 B 05136 P 231
shall be construed to be in full force without reference to the invalid
provision.
7.10 In the event of any legal dispute concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
7.11 All notices under this Agreement be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of /Moab
115 West 200 South
Moab, Utah 84532
Attn: City Manager
To Owner:
Roger Knight
3517 South West Temple
Salt Lake City, Utah 84115
Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time.
7.12 This Agreement shall be recorded in the Grand County land records until
such time as all provisions are performed, following which the City shall
record a notice of termination.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab,
acting by and through the Moab City Council, which has duly authorized execution, and by
Portal Park, LLC as of the date(s) specified below.
CITY OF MO
Mayor David L. Sakrison Date
5
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E 458173 b 0586 P 232
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