HomeMy Public PortalAboutPKT-CC-2010-07-13CITY OF MOAI3
JULY 13, 2010
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL C1-1AM13PRS
(217 EAST CENTER STREET)
Moab City Council
Master Meeting Calendar*
July
o ■ o
July 2010
S M T W T F
August 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 1 2 3 4
10 8 9 10 11
17 15 16 17 18
24 22 23 24 25
31 29 30 31
5 6 7
12 13 14
19 20 21
26 27 28
a>
n
N
C
J
o
v
3
v
N
o
M
in
N
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Jun 27
28
29
30
Jul 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
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
6:30pm
7:00pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
8:00pm TSSSFD
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
6:00pm
6:00pm
7:00pm
7:00pm GCSDBE
6:30pm GCRSSD
8:30pm GCLB
6:30pm
8:00pm Moab PC
25
26
27
28
29
30
31
12:00pm 2:00pm
CJC
12:00pm 12:30pm MTPSC
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
6:30pm 9:00pm Moab CC
Moab Oty Recorder's Office
1
7/12/2010 1:52 PM
*Meeting end times are approximations only
Moab City Council
Master Meeting Calendar*
August w 1 O O
S
August 2010
M T W T F S
September 2010
S M T W T F S
1
8
15
22
29
2 3 4 5 6 7
9 10 11 12 13 14
16 17 18 19 20 21
23 24 25 26 27 28
30 31
1
5 6 7 8
12 13 14 15
19 20 21 22
26 27 28 29
2 3 4
9 10 11
16 17 18
23 24 25
30
m
v
ro
on
N
co
az
co
N
N
N
Q
v
(?a
m
N
m
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Aug 1
2
3
4
5
6
7
6:00pm 7:00pm
GCAB
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSSA
8
9
10
11
12
13
14
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GCSDBE Vl
3:00pm 3:30pm MVFPD
1.1.1:00pm Moab CC ,
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
15
16
17
18
19
20
21
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
4:30pm
6:00pm
6:00pm
7:00pm
5:30pm GCHPC
7:00pm GCSDBE
6:30pm GCRSSD
8:30pm GCLB
22
23
24
25
26
27
28
12:00pm 12:30pm MTPSC
16:30pm 9:00pm Moab CC
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
11:30am 1:30pm
Special Cit
29
30
31
Sep 1
2
3
4
Moab Oty Recorder's Office
2
7/12/2010 1:52 PM
*Meeting end times are approximations only
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, July 13, 2010 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 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
SECTION 5: NEW BUSINESS
5-1 Resolution #15-2010 — A Resolution Regarding the Wastewater Planning
Program
5-2 Approval of Amendment #1 to the Subdivision Improvements Agreement for
the Preserve Subdivision
5-3 Approval of a Revised Trust Deed for the Preserve Subdivision
5-4 Approval of a Purchasing Exception for Straightline Contracting in the
Amount of $28,184.00
5-5 Approval of a Request by Sara Hatathley for an Amplified Music Event at Old
City Park to be Held on July 26, 27, 29 and 30, 2010
5-6 Approval of a Request by the Moab Music Festival for an Amplified Music
Event at Old City Park to be Held on September 5 and 6, 2010
5-7 Approval of a Request by the Canyonlands Rodeo Committee for a Refund of
Special Event and Banner Fees in an Amount not to Exceed $145.00
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
Resolution 15-2010
A RESOLUTION REGARDING THE WASTEWATER PLANNING PROGRAM
WHEREAS, the Municipal Wastewater Planning Report for 2010 is attached to this
Resolution; and
WHERAS, the City Council has reviewed this Report; and
WHEREAS, the City has taken all appropriate actions necessary to maintain effluent
requirements contained in the UPDES Permit (if applicable).
NOW, THEREFORE, we, the Governing Body of the City of Moab do herby resolve the
following:
1. The City Council has reviewed the attached Municipal Wastewater Planning
Program Report for 2010.
2. The City has taken all appropriate actions necessary to maintain effluent
requirements contained in the UPDES Permit (if applicable).
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 13th day of July, 2010
By:
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City Recorder
Resolution # 15-2010
STATE OF UTAH
MUNICIPAL WASTEWATER
PLANNING PROGRAM
SELF -ASSESSMENT REPORT
FOR
CITY OF M OAB
2009
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1
9LLUSZSEd vT:TT 0TOZA
Resolution Number
MUNICIPAL WASTEWATER PLANNING PROGRAM RESOLUTION
RESOLVED that CITY OF MOAB informs the Water Quality Board the following actions
were taken by the CITY COUNCIL •
1. Reviewed the attached Municipal Wastewater Planning Program Report for 2009.
2. Have taken all appropriate actions necessary to maintain effluent requirements
contained in the UPDES Permit (If Applicable)
Passed by a (majority) (unanimous) vote on
Mayor/Chairman
(date)
Attest: Recorder/Clerk
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Municipal Wastewater Planning Program (MWPP)
Mechanical Plant Section
Owner Name: MY OF MOAB
Name and Title of Contact Person:
� A.S-.5 e.
Phone: 45 ' 4-4/ ' ,-5"(77
PLEASE SUBMIT TO STATE BY: July 1, 2010
Mail to: MWPP - Department of Environmental Quality
c/o Paul Krauth, P.E.
Division of Water Quality
195 North 1950 West
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Phone : (801) 5364346
Form completed by
/C/) 44-F
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9LLZ65ZSEb PT:TT 0TOZ/60114 '
Part I; INFLUENT INFORMATION
A. Please update (if needed) the average design flow and average design BOD5
and TSS loading for your facility.
Average Design Flow
(MGD)
Design Criteria
90% of the Design
Criteria
Average Design
BOD5 Loading
(Ibslday)
/, S
1- 3.5"
50 o
Sao
Average Design
TSS Loading
(Ibslday)
.bDe)
A3-4/d
B. Please list the average monthly flows in millions of gallons per day (MGD) and
BOD5 and TSS loadings in milligrams per liter (mglL) received at your facility during
2009. (Calculate the BOD5 and TSS loadings in pounds per day (Ibslday).
Month
Average
Monthly
Flow
(MGD)
January
February
March
April
May
June
July
(2)
Average
Monthly BOD5
Concentration
(mg1L)
(3)
Average
BON
Loading
(Ibslday) 1
(4)
Average
Monthly TSS
Concentration
(mglL)
(5)
Average
TSS
Loading
(lbs/day.) 2
g
02,3
/. G 8 s-
/.0&
3 0 - o
g4,3 '
1
413 ta6 01069
/,v3 5 d,.16, 4=I-60 _ Q2c23A.3
August
September
October
i. d 02 3 g ,e)(RS a/121-7
as
l,o l 316
November
December
Average
4600
,9 / 91 1 a,A5 16V 4
Ss" & 5 90 3
9 015 401-61 d-ko or s'
1 BOD5 Loading (3) = Average Monthly Flow (1) x Average Monthly BOD5 Concentration (2) x 8.34
2 TSS Loading (5) = Average Monthly Flow (1) x Average Monthly TSS Concentration (4) x 8.34
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Part I. INFLUENT INFORMATION (cont.)
C. Refer to the information in A & B to determine a point value for your facility. Please
enter the points for each question in the blank provided.
Question
How many times did the average
monthly flow (Part B., Column 1) to the
wastewater facility exceed 90% of
design flow?
Number
Points Earned
Total Points
0 = 0 points
1-2=10points
3 - 4 = 20 points
5 or more = 30 points
How many times did the average
monthly flow (Part B., Column 1) to the
wastewater facility exceed the design
flow?
How many times did the average
monthly SODS loading (Part B_, Column
3) to the wastewater facility exceed
90% of the design loading?
0 = 0 points
1-2=20points
3 - 4 = 40 points
5 or more = 60 points
,e'
0-1 = 0 points
1 - 2 = 10 points
3 _ 4 = 20 points
5 or more = 30 points
How many times did the average
monthly BOD5 loading (Part B., Column
3) to the wastewater facility exceed the
design loading?
0 = 0 points
1 - 2 = 20 points
3 - 5 = 40 points
6 or more = 60 points
C/ 6
TOTAL PART 1=
AF•1.
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Part II: EFFLUENT INFORMATION
A. Please list the average monthly BOD3, TSS, Ammonia (NH3), monthly maximum
C12, minimum monthly DO, and 30-day geometric averages for Fecal and Total
Coliform,or E-Coli produced by your facility during 2009.
Month
(1)
BOD5
(mg/L)
(2)
TSS
(mg/L)
(3)
Fecal
Coliform
(#/100 m L)
(4)
Total
Coliform
(#/100 mL)
(5)
E-Coli
(6)
Cl2
(mg/L)
(7)
DO
(mg/L)
(0)
NHg
(m04
Whole Numbers Only
One Decimal Place Only
January
February
March
.� 7
/7
l ,.ate
/, 7
April
May
June
July
August
September
October
November
December
Average
6,3
19
/�
r
a6
/6
c71,3
1$
/ '7
1.4,
l�
1
f
•
l�
"7
/3
A
aC..
5
1,4
j
/-6
/,(
B. Please list the monthly average permit limits for the facility in the blanks below.
r
Monthly Permit
Limit
80% of the
Permit Limit
BOD5 (CBOp6)
(mg/L)
(D2v
maximum
Cl2
(mg/L)
c9-, o
NH3
(mg/L)
minimum
DO
(mg/L)
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9LLZ6SZSEv PT :IT 010Z/LO
Part II: EFFLUENT INFORMATION (cont.)
C. Refer to the information in A & B and your operating reports to determine a point
values for your facility.
Question
Number
How many months did the
effluent BOD5 (CBOD5) exceed
80% of monthly permit limit?
How many months did the
effluent BOD5 (CBODS) exceed
the monthly permit limits?
Points Earned
Total Points
b
0 -1 = 0 points
2 = 5 points
3 =10 points
4 = 15 points
5 or more = 20 points
0 = 0 points
1 - 2 = 10 points
3 or more = 20 points
How many months did the
effluent TSS exceed 20 mg/L?
How many months did the
effluent TSS exceed 25 mg1L?
r
0 -1 = 0 points
2=5points
3 =10 points
4 =15 points
5 or more = 20 points
�a
_4g
0 = 0 points
1 - 2 = 10 points
3 or more = 20 points
How many times did the Cl2
exceed permit limit?
How many times did the NH3
exceed permit limits?
0 .= 0 points
1 - 2 = 15 points
3 or more = 30 points
•
0 = 0 points
1 - 2 = 15 points
3 or more = 30 points
How many times did the DO not
meet permit limit?
0 = 0 points
1 - 2 =15 points
3 or more = 30 points
How many months did the 30-day 0 = 0 points
fecal coliform exceed 200 #/100 1 - 2 = 10 points
mL? 3 or more = 20 points
How many months did the 30-day 0 = 0 points
total coliform exceed 2,000 #/100 1 - 2 = 10 points
mL? 3 or more = 20 points
How many months did the 30-day
E-coli exceed 126 #1100 mL?
0 = 0 points •
1 - 2 = 20 points
3 or more = 40 points
TOTAL PART 11 =
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1
9LLZ65Z5£v vT:TT 0T0Z/60/1,40
Part III: FACILITY AGE
in what year were the following process units constructed or underwent a major upgrade?
To determine a point score subtract the construction or upgrade year from 2009.
Points = Age = Present Year - Construction or Upgrade Year.
Enter the calculated age below.
If the point total exceeds 20 points, enter only 20 points.
Unit Process
Current
Year
Construction or Last
Upgrade Year
Age =Points
Headworks
2009
1 p 9 7
7 I
l
Primary Treatment
2009
1997
IA
Secondary Treatment
2009
f () G y
, � _
Solids Handling
2009
I 917
' 0--
Disinfection
2009
/ g ql
l
TOTAL PART Ili (not greater than 20) W
d1(:)
Part IV: BYPASSES
Please complete the following table:
Question
Number
Points Eamed
Total Points
0 = 0 points
How many days in the past year
1 = 5 points
was there a bypass or overflow
' 2 = 10 points
%
of untreated wastewater due to
high flows?
3 = 15 points
4 = 20 points
�jCJ
5 or more = 25 points
0 = 0 points
How many days in the last year
1 = 5 points
was there a bypass or overflow
2 =10 points
/x
of untreated wastewater due to
equipment failure?
�
3 =15 points
4 = 20 points
ICJ
5 or more = 25 points
TOTAL PART IV =
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Part V: SOLIDS HANDLING
A. Please complete the following table:
Current Disposal Method
(check all that apply)
Landfill
Points Earned
Class B = 0 points
< Class B = 50 points
Land Application
Give Away/Distribution and
Marketing
Site Life
0 - 5 years = 20 points
5 - 10 years = 10 points
10+ years = 0 points
Class A = 10 points
Class B = 20 points
A. Please complete the following table:
Total points
TOTAL PART V
Part VI: NEW DEVELOPMENT
Question - Points Earned
Has an industry (or other development) moved into
the community or expanded production in the past two
No = 0 points
years, such that either flow or wastewater loadings to Yes = 10 points
the sewerage system were significantly increased
(10 - 20%)?
Total Points
Are there any major new developments (industrial,
commercial, or residential) anticipated in the next 2 - 3
years, such that either flow or BODE loadings to the
sewerage system could significantly increase (25%)?
No = 0 points
Yes = 10 points
Have you experienced any upset due to septage
haulers?
No = 0 points
Yes =10 points
TOTAL PART VI =
10
l0
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9La65Z56b bT:Ti 0TOZ/60140
b // by/ lbl b 11: 14 44b2591 / /6
MOAB PUBLIC WORKS PAGE 10
Part VI: NEW DEVELOPMENT (cont.)
B. Approximate number of new residential sewer connections in the last year
new residential connections
C. Approximate number of new commercial/industrial connections in the last year
/ new commercial/industrial connections
D. Approximate number of new population serviced in the last year
36 new people served
Part VII: OPERATOR CERTIFICATION
A. How many operators are currently employed by your facility?
operator(s) employed
B. What is/are the name(s) of your DRC operator(s)?
Glre 1 se
C. You are required to have the DRC operator(s) certified at GRADE III.
What is the current grade of the DRC operator(s)?
D. State of Utah Administrative Rules Require that all operators considered to be in
DRC to be appropriately certified. List all the operators in your system by their
certification class.
Not Certified
Treatment I
Treatment 11
Treatment III
Treatment IV
(�I-eat Fo kse, S
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Part VII: OPERATOR CERTIFICATION (cont.)
E. Please complete the following table:
Question
Points Earned
Total Points
Is/are your DRC operator(s) currently
certified at the appropriate grade for this
facility? (see C)
Yes = 0 points
No = 50 points
How many continuing education units has
each of the DRC operator(s) completed over
the last 3 years?
A. Please complete the following table:
3 or more = 0 points
less than 3 = 10 points
Question
TOTAL PART VII =
Part VIII: FACILITY MAINTENANCE
Points Earned Total Points
Do you follow an annual preventative
maintenance program?
Yes = 0 points
No = 30 points
Is it written?
Do you have a written emergency response
plan?
Do you have an updated operations and.,
maintenance manual
Yes = 0 points
No = 20 points
Yes = 0 points
No = 20 points
Yes = 0 points
No = 20 points
Do you have a written safety plan?
Yes = 0 points
No = 20 points
TOTAL PART VIII =
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9LLZ65Z5E17 bT:TT 0T0Z/60.1.0
Part IX: SUBJECTIVE EVALUATION
This section should be completed with the facility operators.
A. Do you consider your wastewater facility to be in good physical and structural
condition?
YES ,K NO
If NOT, why?
B. What improvements do you think the plant will need in the next 5 years?
I O.Ci Prri c_e Ar5/ d
C. Where there any backups into basements at any point in the collection system in
2009.
YES }� NO
Why? (do not include backups due to clogged laterals)
,-V4
moinimmim
D. Does the municipality/district pay for the continuing education expenses of
operators?
ALWAYS SOMETIMES NO
If so, what percentage do they pay?
approximately
OA
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1
9LLZ6SZS6v vT:TT OTOZ/6/4
Part IX: SUBJECTIVE EVALUATION (cont.)
E. Is there a written policy regarding continuing education and training for wastewater
operators?
YES NO
F. Have you done any major repairs or mechanical equipment replacement in 2009?
(do not include construction or upgrade projects)
YES y NO
G. What was the approximate cost for those repairs or replacements?
$ 0*6e)
H. Any additional comments? (Attach additional sheets if necessary.)
jj
cnfr tf)rr3n�1 ��
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POINT SUMMATION
Fill in the values from Parts I through VIII in the blanks provided in column 1. Add
the numbers to determine the MWPP point total that your wastewater facility has
generated for the past twelve months.
Part
Points
I
'7 6
II
JO
III
010
h/
V
-6J
VI
1 Q
VII
-6.
VIII
.0
Total
`100
PT 39Vd SMOM mend avow
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Municipal Wastewater Planning Program Cry WPP)
Financial Evaluation Section
Owner Name: C1TY OF MOAB
Name and Title of Contact Person:
DCjrvinA ./titrjhz, de/
Phone: YES- Zrj" i S (
PLEASE SUBMIT TO STATE BY: July 1, 2010
Mail to:
MWPP - Department of Environmental Quality
c/o Paul Krauth, P.E.
Division of Water Quality
195 North 1950 West
P.O. Box 144870
Salt lake City, Utah 84114-4870
Phone : (801) 536-4346
S i 39Cd SAdOM 01 18nd VOW
1
9La65ZS£v bT:TT 0T0Z/60J47)
NOTE: This questionnaire has been compiled for your benefit by a state sponsored task
force comprised of representatives of local government and service districts. It is
designed to assist you in making an evaluation of your wastewater system and financial
planning. Please answer questions es accurately as possible to give you the best
evaluation of your facility, If you need assistance please call, Emily Cant6n. Utah
Division of Water Quality: (601) 536-4342.
I. Definitions: The following terms and definitions may help you complete the worksheets
and questionnaire:
User Charge (UG) - A fee established for one or more class(es) of users of the
wastewater treatment facilities that generate revenues to pay for costs of the
system.
Operation and Maintenance Expense - Expenditures incurred for materials,
labor, utilities, and other items necessary for managing and maintaining the facility
to achieve or maintain the capacity and performance for which it was designed
and constructed.
Repair and Replacement Cost - Expenditures incurred during the useful life of
the treatment works for obtaining and installing equipment, accessories, and/or
appurtenances necessary to maintain the existing capacity and the performance
for which the facility was designed and constructed.
Capital Needs - Cost to construct, upgrade or improve the facility.
Capital Improvement Reserve Account - A reserve established to accumulate
funds for construction and/or replacement of treatment facilities, collection lines or
other capital improvement needs.
Reserve for Debt Service - A reserve for bond repayment as may be defined in
accordance with terms of a bond indenture.
Current Debt Service - Interest and principal costs for debt payable this year.
Repair and Replacement Sinking Fund - A fund to accumulate funds for repairs
and maintenance to fixed assets not normally included in operation expenses and
for replacement costs (defined above).
9 T 39Vd smom priand Show
1
9LLZ65Z5Ed VT:TT 0T0Z/60/47)
Part l: OPERATION AND MAINTENANCE
Complete the following table:
Question
Points Earned
Total
Are revenues sufficient to cover operation, maintenance,
and repair & replacement (OM&R) costs at this time?
Are the projected revenues sufficient to cover operation,
maintenance, and repair & replacement (OM&R) costs for
the next five years?
Does the facility have sufficient staff to ensure proper
0&M?
YES = 0 points
NO = 25 points
YES = 0 points
NO = 25 points
d
YES = 0 points
NO = 25 points
a
Has a dedicated sinking fund been established to provide
for repair & replacement costs?
YES = 0 points /6-
NO = 25 points JJ
Is the repair & replacement sinking fund adequate to meet
anticipated needs?
YES = 0 points „ C
NO = 25 points 1�
Complete the following table:
Question
TOTAL PART I =
50
Part II: CAPITAL IMPROVEMENTS
Points Eamed Total
Are present revenues collected sufficient to cover all
costs and provide fending for capita! improvements?
YES = 0 points
NO = 25 points
Are projected funding sources sufficient to cover all YES = 0 points
projected capital improvement costs for the NO = 25 points
next five ears?
Are projected funding sources sufficient to cover all YES = 0 points
projected capital improvement costs for the NO = 25 points
next ten years?
Are projected funding sources sufficient to cover ail YES = 0 points
projected capital improvement costs for the NO = 25 points
next twenty years?
0
Has a dedicated sinking fund been established to provide YES = 0 points O
for future capital improvements? NO 25 points
TOTAL PART II
LT 30Vd
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1
9LLZ656S6v VT:TT 010Z/6140/
Part III; GENERAL QUESTIONS
Complete the following table:
Question
Points Earned
Total
Is the wastewater treatment fund a separate enterprise
fund/account or district?
YES = 0 points
NO = 25 points
O
Are you collecting 95% or more of your sewer billings?
YES = 0 points
NO = 25 points
O
Is there a review, at least annually, of user fees?
YES = 0 points
NO = 25 points
O
Are bond reserve requirements being met if applicable?
YES = 0 points
NO = 25 points
p�
0
Estimate as best you can the following:
TOTAL PART III =
0
Part IV: PROJECTED NEEDS
.
Cost of projected capital
2010
2011
2012
2013
.2014
improvements (in thousands)
41001110)
Point Summation
Fill in the values from Parts 1 through 111 in the blanks provided in column 1. Add the
numbers to determine the MWPP point total that reflects your present financial position
for meeting your wastewater needs.
Part
'Points
I
50
II
111
0
Total
—15
x
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Municipal Wastewater Planning Program (MWPP)
Collection System Section
Owner Name: C/TY OF MOAB
Name and Title of Contact Person:
1,1-143
c�1.,„„.3ce.—
Phone: A- 95-
PLEASE SUBMIT T4 STATE BY: July 1, 2010
Mail to:
61 39Vd
MWPP - Department of Environmental Quality
do Paul Krauth, P.E.
Division of Water Quality
195 North 1950 West
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Phone : (801) 536-4346
SANOM °nand avow
Form completed by
9LLZ69Z5sv
1
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A.
B.
Part I: SYSTEM AGE
What year was your collection system first constructed (approximately)?
Year )9 S
What is the oldest part of your present system ?
Oldest part GO years
A. Please complete the following table:
Question
How many days last year was there a
bypass, overflow or basement flooding
by untreated wastewater in the system
due to rain or snowmelt?
Number
Part II: BYPASSES
Points Earned
0 times = 0 points
1 tirne = 5 points
2 times =10 points
3 times = 15 points
4 times = 20 points
5 or more = 25 points
Total Points
How many days last year was there a
bypass, overflow or basement flooding
by untreated wastewater due to
equipment failure?
(except plugged laterals)
V
r
0 times = 0 points
1 time = 5 points
2 times = 10 points
3 times = 15 points
4 times = 20 points
5 or more = 25 points
TOTAL PART II =
B. Please specify whether the bypass(es) was caused a contract or tributary
communities, etc.
r
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Part III: NEW DEVELOPMENT
A. Please complete the following table:
Question
May an industry (or other development) moved into
the community or expanded production in the past two
years, such that either flow or wastewater loadings to
the sewerage system were significantly increased
(10 - 20%)?
Are there any major new developments (industrial,
commercial, or residential) anticipated in the next 2 3
years, such that either flow or BOD5 loadings to the
sewerage system could significantly increase (25%)?
Points Earned
Total Points
No =. 0 points
Yes T 10 points
No = 0 points
Yes = 10 points
TOTAL PAIN III =
�)
B. Approximate number of new residential sewer connections in the last year
] (..) new residential connections
C. Approximate number of new commercial/industrial connections in the last year
new commercial/industrial connections
D. Approximate number of new population serviced in the last year
3 c.) new people served
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Part IV: OPERATOR CERTIFICATION
A. How many collection system operators are currently employed by your facility?
collection system operators employed
B. What is/are the name(s) of your DRC operator(s)?
Sy[}.vZ i �';�►Jrtiwi 1#1.-.4-) /AlA.r k_ afli ,
t
C. You are required to have the DRC operator(s) certified at GRADE J1.
What is the current grade of the DRC operator(s)? 1 I
D. State of Utah Administrative Rules require all operators considered to be in DRC to
be appropriately certified. List all the operators in your system by their certification
class.
Not Certified
Small Lagoons
Collection I
Collection II
Collection III
Collection IV
E. Please complete the following table:
Question
Points Earned
Total Points
Is/are your DRC operator(s) currently
certified at the appropriate grade for this
. (see C)
Yes - 0 points
No = 50 points
C)facility
How many continuing education units has
each of the DRC operator(s) completed over
the last 3 years?
3 or more = 0 points
less than 3 =10 points
C___-)
TOTAL PART IV =
C
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Part V: FACILITY MAINTENANCE
A. Please complete the following table:
Question
Points Earned
Total Points
Do you follow an annual preventative
maintenance program?
Yes = 0 points
No = 30 points
Is it written?
Yes = 0 points
No = 20 points
-.
�.�
Do you have a written emergency response
plan?
Yes = 0 points
No = 20 points
0
Do you have en updated operations and
maintenance manual
Yes = 0 points
No = 20 points
0
Do you have a written safety plan?
Yes 0 paints
No = 20 points
0
TOTAL PART V =
0
Part VI: SUBJECTIVE EVALUATION
This section should be with the system operators.
A. Describe the physical condition of the sewer collection system: (lift stations, etc.
included)
B. What sewerage system improvements does the community have under
consideration for the next 10 years?
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Part VI: SUBJECTIVE EVALUATION (cont.)
C. Explain what problems, other than plugging have you experienced over the last year
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D. Is your community presently involved in formal planning for system
expansion/upgrading? If so explain.
c. M
13 c i.l, p
E. How many times in the last year were there sewage in basements at any point in the
collection system for any reason, except plugging of the lateral connections?
a, times sewage was in basements
F. Does the municipality/district pay for the continuing education expenses of
operators?
ALWAYS X
SOMETIMES NO
If they do, what percentage is paid?
approximately /oo %
G. is there a written policy regarding continuing education and training for wastewater
operators?
YES NO X
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Part VI: SUBJECTIVE EVALUATION (cont.)
H. Any additional comments? (Attach additional sheets if necessary.)
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POINT SUMMATION
Fill in the values from Parts II through V in the blanks provided in column I. Add the
numbers to determine the MWPP point total that your wastewater facility has
generated for the past twelve months.
Part
Points
1I
0
III
CD
1V
o
V-
..,
Total
0
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SUBDIVISION IMPROVEMENTS AGREEMENT
For
The Preserve Subdivision, Phase One
The CITY OF MOAB, a Utah municipality (hereinafter "CITY"), and Dennis E. &
Patricia Byrd (hereinafter "SUBDIVIDER") mutually referred to as the "Parties", do hereby
enter into the following Agreement, pursuant to Moab Municipal Code (hereinafter: "City
Code") Section 16.20, to cover the installation of subdivision improvements required by City
Code (hereinafter: the "Required Improvements").
I. RECITALS.
A. The City Planning Commission, as the land use authority for preliminary
subdivision plat approval, after following all required procedures and meeting
noticing requirements, approved a Preliminary Plat for The Preserve
Subdivision on November 12, 2009.
B. The City Planning Commission, after following all required procedures and
meeting notice requirements, recommended approval of the Final Plat for
Phase I of The Preserve Subdivision to the Moab City Council on February
25, 2010.
C. The Moab City Council, as the land use authority for Subdivision Final Plat
approval, approved the Final Plat for Phase I of The Preserve Subdivision
(hereafter "the Subdivision" or "the Plat") at its regular City Council meeting
on April 13, 2010.
D. SUBDIVIDER has submitted to CITY for its review construction plans and
specifications entitled THE PRESERVE SUBDIVISION CONSTRUCTION
DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets C1— C8
inclusive), having been prepared by Keogh Land Surveying and bearing the
stamp of a licensed Professional Engineer (hereinafter: the "Construction
Plans"). Said plans show in sufficient detail the Required Improvements for
the Subdivision.
E. The Construction Plans have been reviewed and approved subject to such
modifications as may have been specified by each of the following entities:
(i) The City Engineer with respect to site grading, pathway, street, and
storm water drainage improvements,
(ii) The City Public Works Director with respect to culinary water
improvements if provided by the City, storm water drainage
improvements, parking improvements, and access improvements.
The Preserve Subdivision
Phase 1 SIA
Page 2 of 8
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. Covered Property. The real property subject to this Agreement (hereinafter; the
"Property") is described as follows:
DESCRIPTION OF A PARCEL OF LAND IN THE E'/2 NE % SE'/4
SECTION 35, T25S, R21 E, SLB&M, GRAND COUNTY, UTAH, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER ON THE EAST LINE OF THE SE '/4
SECTION 35, SAID CORNER BEARS S 0 DEG. 31' W 594.0 FT.
FROM THE EAST'/4 CORNER SECTION 35, T25S, R21 E, SLB&M,
AND PROCEEDING THENCE WITH SAID SECTION LINE S 0 DEG.
31' W 107.8 FT. TO A CORNER, THENCE S 89 DEG. 55' W 660.3 FT.
TO A CORNER, THENCE WITH THE WEST LINE OF EAST'/2 OF
THE NE % SE % SAID SECTION 35, N 0 DEG. 32' E 371.8 FT. TO A
CORNER, THENCE N 89 DEG. 55' E 330.1 FT. TO A CORNER,
THENCE S 0 DEG. 31' W 264.0 FT TO A CORNER, THENCE N 89
DEG. 55' E 330.1 FT. TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE EAST LINE SE % SECTION 35
(VALLEY CONTROL BEARING = S 0 DEG. 31' W).
2. Phase I Required Improvements. SUBDIVIDER will make all improvements to the
property shown on the Construction Plans that fall within the boundary of the Phase I
plat as well as those improvements that fall outside of the Phase I boundary but are
identified on the Construction Plans as Phase I improvements. Required
Improvements shall include but not be limited to the following:
(a) Site clearing and removal of obstructions
(b) General site grading
(c) Site utilities including but not limited to culinary water and sanitary sewer
(d) Streets, curb & gutter, and sidewalks
(e) Street signage
(f) Storm water drainage facilities
3. Improvements to be Completed in Conformance with Construction Plans.
Improvements shall be completed in conformance with the approved Construction
Plans. All changes to the Construction Plans must be authorized in writing by the
City Engineer. In addition, all improvements shall be completed in conformance with
the City of Moab Public Improvement Specifications and all state and federal
regulations as applicable. Where discrepancies occur between the Construction Plans
and the listed reference standards, the reference standard shall prevail.
4. Timeline for Completion. Construction of all Required Improvements for Property
shall be completed within two years from the date of this agreement. A reasonable
The Preserve Subdivision
Phase 1 SIA
Page 3 of 8
extension of time for the completion of improvements may be granted, at the
discretion of the City Council, upon a showing by the SUBDIVIDER that there is
good cause for an extension and that the work has been diligently prosecuted from
the date of this Agreement.
5. Acceptance of Improvements, Warranty. All work shall be subject to quality
assurance testing and inspection as specified in the Construction Plans and/or
applicable reference standards. SUBDIVIDER or SUBDIVIDER's authorized
representative shall provide 48 hours minimum notification to CITY as applicable
when inspection is required. The costs associated with such testing and inspection
shall be the responsibility of SUBDIVIDER.
(a) Upon satisfactory completion of improvements as evidenced by inspection &
testing as applicable, all water and sewer mains and all street and public
pathway improvements shall be dedicated to CITY.
(b) SUBDIVIDER warrants that all public improvements dedicated to CITY
shall be constructed in a workmanlike manner and in accordance with
approved plans and specifications, and that all such improvements shall be
free of defects in materials and workmanship for a period of one (1) year
from the date of acceptance by CITY.
(i) SUBDIVIDER shall promptly repair or replace any defective work
following receipt of written notice under this warranty from the
CITY.
(ii) SUBDIVIDER additionally warrants that all public improvements
shall be delivered free and clear of any lien or encumbrance.
6. Performance Guaranty. Pursuant to City Code 16.20.060, OWNER has
elected to post a performance guaranty with CITY in lieu of completing all
Required Improvements prior to recordation of the Plat. The performance
guaranty shall be in the form of collateral pledge of real property.
Contemporaneous with the execution of this agreement, OWNER shall execute a
Deed of Trust naming the City as beneficiary in the amount of 150% of the
estimated cost of the Required Improvements as determined by the Subdivision
Improvements Cost Worksheet attached hereto as Exhibit A. The fair market
value of the real property pledged as collateral shall be of an amount not less
than one hundred fifty percent (150%) of the estimated cost of all Required
Improvements as determined by the Subdivision Improvements Cost Worksheet
attached hereto as Exhibit A. The Deed of Trust shall be a first position lien
against the subject property, and Owner shall pay all costs of providing a
satisfactory lender's title insurance policy in favor of the City in the amount of
the Deed of Trust and assuring same. The Deed of Trust is attached as Exhibit B
hereto and shall be executed prior to recordation of the Subdivision Phase One
Final Plat.
The Preserve Subdivision
Phase 1 SIA
Page 4 of 8
7. Partial Releases of Performance Guaranty. No partial releases of the performance
guaranty shall be permitted for partial completion of the work.
8. Final Release of Performance Guaranty. Upon completion of all Required
Improvements in accordance with the approved Construction Plans, OWNER may
request that the performance guaranty be released.
(a) In order for OWNER to receive final release, the following shall be presented
to CITY:
(i) A completed Final Release Form supplied by CITY and signed by
OWNER. Said form shall include OWNER's certification of
warranty for the completed improvements.
(ii) Copies lien waivers/releases from all contractors who performed
work on the project and all suppliers who supplied materials that
were incorporated into the work.
(iii) Written certification by OWNER that all outstanding charges for the
Improvements have been paid and that there are no liens,
encumbrances, or other restrictions on the Improvements.
(b) Upon acceptance of a complete request for final release, the City Public
Works Director shall verify that all Required Improvements are complete and
in accordance with the approved Construction Plans and Final Plat.
(c) Upon written certification from the City Manager that OWNER has
completed all of the required public and other Subdivision improvements in
accordance with this Agreement, and that there are not liens, encumbrances
or other restrictions on the Improvements, and that such Improvements have
been inspected and approved by the City Public Works Director and the City
Engineer, the City Council shall execute a resolution verifying the
acceptance of the Improvements and authorizing the release to the OWNER
of the Deed of Trust on the Pledged Property.
9. CITY's Use of Performance Guaranty upon Default. Upon written certification by
the City Manager that the OWNER has failed to perform its obligations under this
Agreement, within the time period set forth in this Agreement, and if CITY intends
to proceed with the task of installing any or all of the Required Improvements
covered by this Agreement, the City may elect to declare and record a Notice of
Default pursuant to the Deed of Trust, and as authorized by U.C.A. 57-1-24. The
property subject to the Deed of Trust shall then be sold at a public sale in the manner
provided by law. The amount of indebtedness subject to satisfaction under the Deed
of Trust shall be the balance, at the time of sale, of all costs of
construction/completion of all Improvements required under this Agreement,
together with sums owing under this Agreement and the terms of the Deed of Trust,
up to the indebtedness limit specified in the Deed of Trust. Nothing herein shall be
The Preserve Subdivision
Phase 1 SIA
Page 5 of 8
construed to abrogate any right on the part of the City to pursue a deficiency
judgment, as provided by law.
10. Zoning Compliance. Certificates of Occupancy for structures within the Property
shall only be issued upon satisfactory completion and acceptance of all Required
Improvements as stipulated herein.
11. Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and
any violation is grounds for declaration of Default. Prior to invoking any remedies
for Default under this Agreement CITY shall deliver written notice to the OWNER
describing the act, event, or omission constituting same, and allowing OWNER a
period of not less than thirty (30) days in which to cure or abate the violation. Cure
within that period reinstates this Agreement.
(a) Upon declaration of Default, CITY may exercise any remedies for violation
available under City ordinances or Utah statutes, including, without
limitation, foreclosing upon the Deed of Trust; withholding building permits
or certificates of occupancy/zoning compliance; an action to enjoin or abate
zoning violations; recording of a lapse of plat, in whole or in part; and any
other remedies available at law or equity, including specific performance or
injunctive relief.
(b) The recording of a lapse of plat by CITY shall result in the reversion of the
approval of the Subdivision. A lapse of plat shall terminate all previous
approvals and result in the elimination of platted lots for the affected
property.
12. General Provisions. This Agreement shall be binding on and inure to the benefit of
the successors and assigns of SUBDIVIDER in the ownership or development of all
or any portion of the Property. Prior to assigning any or all of his rights and duties
under this Agreement SUBDIVIDER shall obtain from any transferee a written
assumption acknowledging and agreeing to be bound by this Agreement.
(a) This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent to
which either parry participated in the drafting.
(b) Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims arising
with respect to later or subsequent breaches, acts or omissions.
(c) The term "Agreement" includes this Improvements Agreement, all exhibits
hereto, the Final Plat/Plan for the subdivision, and all related design
drawings, which documents shall constitute the sole and complete Agreement
between the parties. The Agreement shall supercede all prior Agreements or
representations, however evidenced. No modifications to any of the terms of
The Preserve Subdivision
Phase 1 SIA
Page 6 of 8
this Agreement shall be binding, unless reduced to writing and lawfully
executed by both parties.
(d) The place of performance of this Agreement is Grand County, Utah. In the
event of any legal dispute concerning the subjects of this Agreement, the
parties stipulate to venue in the Seventh Judicial District Court, Grand
County, Utah. In any such proceeding the parties waive trial to a jury on all
claims and agree that the action shall be tried to the court.
(e) In any legal proceeding concerning the terms of this Agreement the
substantially prevailing party shall be entitled to recover its reasonable
attorney fees and court costs in addition to any other relief authorized herein.
(f) This Agreement shall be governed by Utah law.
(g) This Agreement does not create any third parry beneficiary rights. It is
specifically understood by the parties that;
(i) the Project is a private development;
(ii) the CITY of Moab has no interest in, responsibilities for, or duty to
third parties concerning any improvements to the Property, unless the
CITY accepts the improvements pursuant to this Agreement;
(iii) and except as otherwise provided herein, SUBDIVIDER shall have
full power and exclusive control of the Property.
(h) The provisions of this Agreement are severable, and if any portion should be
held to be void or unenforceable, then the remainder of this Agreement shall
be construed to be in full force without reference to the invalid provision.
(i) In the event of any legal dispute concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
(j) All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
The Preserve Subdivision
Phase 1 SIA
Page 7 of 8
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To SUBDIVIDER:
Dennis E. & Patricia Byrd
826 Colorado Ave
Moab, Utah 85432
(k) Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time.
The Preserve Subdivision
Phase 1 SIA
Page 8 of 8
IN WITNESS WHEREOF, this Agreement has been executed by the City of
Moab, acting by and through the Moab City Council, which has duly authorized
execution, and by SUBDIVIDER as of the date(s) specified below.
CITY OF MOAB:
Mayor David L. Sakrison Date
ATTEST:
Rachel Ellison
City Recorder
SUBDIVIDER: Dennis E. & Patricia Byrd
Date
Dennis E. Byrd Jr. Date
Patricia Byrd Date
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing agreement was executed before me
by , this day of
my hand and official seal. My commission expires:
, 20. Witness
Notary Public, State of Utah
Address:
EXHIBIT A
SUBDIVISION IMPROVEMENTS COST WORKSHEET
PROJECT NAME: The Preserve Subdivision
PHASE #: Phase 1
DEVELOPER/OWNER: Ben Byrd/ Dennis & Patricia Byrd
REQUIRED IMPROVEMENTS
Category
Sub -category
Item #
Line item description
Unit
Unit Price
Plan
Quantity
Item Cost
SITEWORK
EARTHWORK
1
Cut & fill to achieve design grades
CY
$ 4.00
1,777
$ 7,108
UTILITIES
WATER
2
Install 8" dia. Water Main (complete) (material on site)
LF
$ 19.50
900
$ 17,550
3
Install 8" dia.Line Valves - cast iron (complete) (material
EA
$ 975.00
3
$ 2,925
4
Install 10" dia. Line Valves - cast iron (complete)
EA
$ 1,175.00
1
$ 1,175
5
Install Fire Hydrant (complete)
EA
$ 3,200.00
1
$ 3,200
6
Install temporary air pressure/vac relief (complete)
EA
$ 450.00
1
$ 450
7
Install 3/4" dia. Res. Service Connection (complete)
LS
$ 850.00
11
$ 9,350
SEWER
8
Install 8" dia. Sewer Main - PVC SDR35 - (complete)
LF
$ 25.00
525
$ 13,125
9
Install 48" dia. Sewer Manhole (complete)
EA
$ 2,850.00
2
$ 5,700
10
Install 4" dia. Res. Sewer Service Line (complete)
LS
$ 300.00
11
$ 3,300
ELECTRIC
17
Electric Service (installed)
EA
$ 2,290.91
11
$ 25,200
GAS
18
Gas Service (installed)
EA
$ 1,000.00
11
$ 11,000
STREET
IMPROVEMENTS
CURB, GUTTER
& SIDEWALK
11
Install 30" Modified Curb & Gutter per City Spec
LF
$ 15.00
1,740
$ 26,100
12
Install 4" thick Concrete Sidewalk per City Spec
LF
$ 15.00
1,740
$ 26,100
13
Construct Asphalt Pavement Section per City Spec
SF
$ 3.25
32,000
$ 104,000
LIGHTS
14
Street Lights (installed)
EA
$ 500.00
3
$ 1,500
SIGNAGE
15
Traffic signs (installed)
EA
$ 77.00
6
$ 462
STORM
STORM DRAIN
16
Storm Drain Adjustment per Construction Spec.
EA
$ 2,000.00
1
$ 2,000
CITY APPROVAL:
By:
Comments:
Total Estimated Construction Cost
Less cost of materials purchased and on site
Subtotal
Plus Required 50% contingency
Total Amount of Financial Guaranty
City Engineer Date
$ 260,245
$ 260,245
$ 130,123
$390,400
Revised 7 0 2
Space above reserved for Recorder's stamp
EXHIBIT B
WHEN RECORDED, MAIL TO:
City of Moab
217 East Center Street
Moab, UT 84532
TRUST DEED
THIS TRUST DEED, made this day of , 200_, between Dennis E.
Byrd Jr. & Patricia B Byrd, whose address is 826 Colorado Ave, Moab, Utah, TRUSTOR,
Anderson Oliver Title Insurance Agency, Inc., as TRUSTEE, and the City of Moab, a Utah
municipality, as BENEFICIARY.
Trustor conveys and warrants to Trustee in trust, with power of sale, the following
described property, situated in Grand County, State of Utah:
LOTS : 46 A & B, 47, 50 A & B, 51 and 52 A & B, THE PRESERVE SUBDIVISION
DEVELOPMENT, ACCORDING TO THE OFFICIAL SUBDIVISION PLAT THEREOF
FILED IN THE LAND RECORDS OF GRAND COUNTY.
Together with all buildings, fixtures and improvements thereon and all water rights,
rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances
used or enjoyed with said property, or any part thereof, subject to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and
profits;
For the purpose of securing: 1) payment of the indebtedness evidence by an
Improvements Agreement with the Beneficiary dated in the principal
sum of $390,367.50, made by Trustor, payable to the order of Beneficiary at the times, with
interest as set forth, and any extensions and/or renewals or modifications thereof; 2) the
Space above reserved for Recorder's stamp
performance of each agreement of Trustor in this document; 3) the payment of such additional
loans or advances as hereafter may be made to Trustor as provided in the Improvements
Agreement; and 4) the payment of all sums expended or advanced by Beneficiary under or
pursuant to the terms of this document, together with interest as provided.
TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES:
1. To keep said property in good condition and repair; to not remove or demolish
any building on the property; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed; to comply with all laws,
land use regulations, covenants and restrictions affecting said property; to not commit or permit
waste of the property; to not commit or allow any act upon said property in violation of law; and
to do all other acts which from the character or use of said property may be reasonably
necessary.
2. To provide and maintain property and casualty insurance covering the property in
an amount not less than the total purchase price of $390,367.50 and covering all improvements
now existing or later erected or placed on the property. The property insurance policy shall
name the Beneficiary as an additional insured. In the event of a loss or casualty to the property,
Trustor shall give immediate notice to Beneficiary, who may make proof of loss, and each
insurance company concerned is hereby authorized and directed to make payment for such loss
directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds,
or any part thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness
secured by this document, or to the restoration or repair of the property.
3. To maintain with until the indebtedness secured hereby is paid in full, evidence of
unencumbered and marketable title in the property.
2
5-2
Space above reserved for Recorder's stamp
4. To appear in and defend any action or proceeding purporting to affect the security
of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and
should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to
pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or
Trustee.
5. To timely pay, all taxes and assessments affecting said property, all special
assessments upon the property, and all other utility or other charges which may become a lien
against the property. Trustor further agrees to pay, when due, all encumbrances, charges and
liens with interest, affecting or encumbering the property.
6. Should Trustor fail to make any payment or to do any act as specified in this Trust
Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor
from any obligation hereof, may: 1) make payments or undertake such actions to such extent as
either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property
for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to
affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase,
contest, or compromise any encumbrance, charge, or lien which in the judgment of either
appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur
any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor,
including reasonable attorney fees.
7. To pay Beneficiary immediately and without demand all sums expended by
Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor
under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at
3
5-2
Space above reserved for Recorder's stamp
the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this
Trust Deed.
8. Should said property or any part thereof be taken or damaged by reason of any
public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of
any other casualty or government taking, Beneficiary shall be entitled to all compensation,
awards and other payments or relief therefor, and shall be entitled at its option to commence,
appear in and prosecute in its own name, any action or proceedings, or to make any compromise
or settlement in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of real property
and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after
deducting therefrom all its expenses, including attorney's fees, apply the same toward
satisfaction of any indebtedness secured by this document. Trustor agrees to execute such
further assignments of any compensation, award, damages, and rights of action and proceeds as
Beneficiary or Trustee may require.
9. At any time and from time to time upon written request of Beneficiary, payment
of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement
(in case of full reconveyance for cancellation and retention), without affecting the liability of any
person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the
making of any map or plat of said property; b) join in granting any easement or creating any
restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or
the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property.
Nothing in this section shall be construed to require the Beneficiary to consent to the granting of
4
5-2
Space above reserved for Recorder's stamp
any such easement, conveyance, or similar action, consent to which shall rest in the
Beneficiary's sole discretion.
10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this
Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder,
Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to
default as they become due and payable. If Trustor shall default, Trustor's right to collect any of
such moneys shall cease and Beneficiary shall have the right, with or without taking possession
of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance
of Beneficiary at any time or from time to time to collect any such moneys shall not in any
manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to
collect the same. None of the rights contained in this Trust Deed shall be construed to be an
affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or
Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such
tenancy, lease or option.
11. Upon any default by Trustor, Beneficiary may at any time without notice, either
in person or by a receiver to be appointed by a court (Trustor hereby consenting to the
appointment of Beneficiary as such receiver), and without regard to the adequacy of any security
for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and
profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, toward satisfaction of any
indebtedness secured by this Trust Deed.
5
5-2
Space above reserved for Recorder's stamp
12. The collection by Beneficiary rents or profits, or the proceeds of fire and other
insurance policies, or compensation or awards for any taking or damage of said property, shall
not constitute a cure or waiver by Beneficiary of any default under this Trust Deed.
13. The failure on the part of Beneficiary to promptly enforce any right arising under
this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to
declare default following any act or omission constituting default shall not constitute a waiver of
Beneficiary's rights as to any other or subsequent default. No modification of the terms of this
Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary
and Trustor.
14. Time is of the essence with respect to all obligations in this Trust Deed. Upon
default by Trustor in the payment of any sums owing under this Trust Deed or in the
performance of any agreement or obligation in this Trust Deed or the Improvements Agreement,
all sums secured hereby shall immediately become due and payable at the option of Beneficiary.
In the event of such default, Beneficiary may execute or cause Trustee to execute a written
notice of default and of election to cause said property to be sold to satisfy the obligations
hereof, and Trustee shall file such notice for record in each county wherein said property or
some part or parcel thereof is situated. Beneficiary may also deposit with Trustee the
Improvements Agreement and all documents evidencing sums advanced and secured by the
Trust Deed. Prior to recording notice of default the Trustee shall deliver written notice of same
to the Trustor, who shall have a period of not to exceed fifteen (15) days from delivery in which
to cure or abate the default.
15. After the lapse of such time as may then be required by law following the
recordation of notice of default, and notice of default and notice of sale having been given as
6
5-2
Space above reserved for Recorder's stamp
required by law, Trustee, without demand on Trustor, shall sell said property on the date and at
the time and place designated in said notice of sale, either as a whole or in separate parcels, and
in such order as it may determine (but subject to any statutory right of Trustor to direct the order
in which such property, if consisting of several known lots or parcels, shall be sold), at public
auction to the highest bidder, the purchase price payable in good funds of the United States at the
time of sale. The person conducting the sale may, for any cause he deems necessary, postpone
the sale from time to time until it shall be completed and, in every case, notice of postponement
shall be given by public declaration by such person at the time and place last appointed for the
sale; provided, if the sale is postponed for longer than one day beyond the day designated in the
notice of sale, notice thereof shall be given in the same manner as the original notice of sale.
Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser
its Deed conveying the property, but without any covenant or warranty, express or implied. Any
person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of
credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the
sale in the following order to payment of: 1) all reasonable costs and expenses associated with
the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or
secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to
the Trustor or any persons legally entitled thereto.
a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth
facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and
statements therein, and to act in conformity with this Trust Deed.
16. Alternately, upon the occurrence of any default Beneficiary shall have the option
to declare acceleration and all sums owing shall be immediately due and payable and Trustee
7
5-2
Space above reserved for Recorder's stamp
shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure
of mortgages on real property.
17. Beneficiary may appoint a successor trustee at any time by recording in the Grand
County land records a notice of substitution of trustee. From the time the substitution is filed for
record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee
named herein or of any successor trustee. Notice shall be given to the Trustor in the manner
provided by law.
18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their
heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor
hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder,
including any assignee of the Improvements Agreement and Trust Deed.
19. Trustee accepts this Trust when this Trust Deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify
any parry hereto of a pending sale under any other Trust Deed or of any action or proceeding in
which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee.
20. This Trust Deed or any rights, title, or interest in the property conveyed in trust
shall not be assigned or conveyed by Trustor without the advance written consent of the
Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported
grant of interest in the subject property by Trustor, in whole or in part, or by operation of law
without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as
well as those due under the Improvements Agreement shall be due in full. There shall be no
assumption of the terms of the Improvements Agreement or this Trust Deed by any other person,
in whole or in part, without the advance written consent of the Beneficiary.
8
5-2
Space above reserved for Recorder's stamp
21. Default shall be defined to be any failure or omission on the part of the Trustor to
perform any act or obligation or pay any sums owing as defined or required by this Trust Deed
or the Improvements Agreement.
22. This Trust Deed shall be construed according to the laws of the State of Utah.
Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the
courts of Grand County, Utah.
23. Trustor hereby waives any claim to a homestead exemption with respect to the
real property covered by this Trust Deed.
24. The remedies in this Trust Deed and the Improvements Agreement are distinct
from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may
be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are
severable, and in the event any such provision shall be found to be in conflict with applicable
law, it shall be stricken, and the remainder enforced to the full extent provided.
25. Beneficiary shall be entitled to inspect the property at reasonable times and with
reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust
Deed.
26. The Trustor requests that a copy of any notice of default and all other notices
under this Trust Deed or as required by law be mailed to the following address:
Dennis E. & Patricia B Byrd, 826 Colorado Ave, Moab, Utah 84532.
9
5-2
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
Signature of Trustor:
Dennis E. Byrd, Jr.
Patricia B. Byrd
Acknowledgment
10
On the day of , 200 the foregoing Trust Deed was
personally executed before me by . Witness my
hand and official seal. My commission expires:
Notary Public, State of Utah
Address:
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
On the day of , 200 the foregoing Trust Deed was
personally executed before me by . Witness my
hand and official seal. My commission expires:
Notary Public, State of Utah
Address:
11
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Honorable Mayor and Councilmembers
From: Rachel Ellison, City Recorder/Assistant City Manager
Date: 07/12/2010
Re: Purchasing Exception
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Sarah C. Bauman
Jeffrey A. Davis
Kirstin Peterson
Gregg W. Stucki
Mayor and Council:
As part of the standard city improvements that are being completed for the Haciendas Subdivision, a
concrete retaining wall and footer were required to be constructed. Originally it was thought that
the length of this wall was 125 linear feet. The contractor (Straightline Contracting) offered a
proposal to include this and other construction items that fell under our formal bid limit of $25,000.
Once the work was started, it was discovered that an error had been made regarding the length of
the wall and a 184 linear foot wall was required. The additional length increased the proposal to
$28,184 in total which is over our formal bid limit. The work is near completion. Three quotes were
received for the original work and dimensions. It was too late to bid the project once the error was
discovered.
Staff respectfully requests an exception to purchasing policy for Straightline Contracting, for the
Haciendas Subdivision improvements in the amount of $28,184.00.
Please let me know if you have any questions.
Thank you.
REC-M EM-10-07-003
First EPA Green Power Community in the Nation
Straightline Contracting
435-259-5257
3070 Roberts rd.
Moab, Utah 84532
Proposal
Page No.
of
Pages
(-PROPOSAL SUBMITTED TO �} , `
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PHONE
DATE !7
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STREET /
JOB NAME
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,Sr.- . /./vLs iost
CITY, STATE AND ZIP CODE
JOB LOCATION
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.0r .
ARCHITECT
..__—
DATE OF PLANS
JOB PHONE
_.i
We hereby propose to furnish materials and labor necessary for the completion of
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WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
Payment to be made as follows:
dollars ($ )
All material is guaranteed to be as specified. All work to be completed in a sub-
stantial workmanlike manner according to specifications submitted, per standard
Practices. Any alteration or deviation from above specifications involving extra
costs will be executed only upon written orders, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire, tornado and other necessary in-
surance. Our workers are fully covered by Workmen's Compensation Insurance.
Authorized
Signature
Note: This proposal mayy*
withdrawn by us if not . cepted within days.
ACCEPTANCE OF PROPOSAL The above prices, specifications and condi-
tions are'satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payment will be made as outline above.
Date of Acceptance:
Signature
Signature
5-3,
Straightline Contracting
435-259-5257
3070 Roberts rd.
Moab, Utah 84532
Proposal
Page No.
of
Pages
PROPOSAL SUBMITTED T�
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PHONE
DATE Y
! C
\
STREET
JOB NAME
/ 716 r: > �i4 obis-, i
. _ tJi .'}/._Vr 145,7
CITY. STATE AND ZIP CODE
JOB LOCATION
ARCHITECT
DATE OF PLANS
JOB PHONE
/
We hereby propose to furnish materials and labor necessary for the completion of
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WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
•
dollars ($ 1e G ,
Payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a sub-
stantial workmanlike manner according to specifications submitted, per standard
Practices. Any alteration or deviation from above specifications involving extra
costs will be executed only upon written orders, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire, tornado and other necessary in-
surance. Our workers are fully covered by Workmen's Compensation Insurance.
ACCEPTANCE: OF PROPOSAL The above prices, specifications and condi-
tions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payment will be made as outline above.
Dateof Acceptance.
Authorized
Signature
Note: This proposal may be Y
withdrawn by us it not accepted within days.
Signature
Signature
To Rachel, & Whom it may concern,
My name is Sara Hatathley and I'm trying to hold a Summer Dance Camp for
kids. The dates of the camp are July 26t -30t at the Old City Park. I'm writing this letter
,tea- as
to ask for your permission to play a stereo at the park from Sam to 3:30pm Monday thru
Friday. Also will have a DJ with speakers playing music Friday night for the kids to
perform their routines in front of family and friends.
Thanks for your time,
Sara
M•O•A•B
MUSIC
FESTIVAL
June 1.4, 2010
Moab City Council
217 East Center
Moab UT 84532
Attn. Donna Metzler
Dear Ms. Metzler
music in concert with the landscape
PYMT REC'D
CITY OF MOAB
JUN 18 2010
. --1 ,o 0
The Moab Music Festival respectfully requests a reservation for Old City Park on Sunday
September 5. and Monday September 6, 2010.
We make this request in order to offer a free amplified music concert to the general public
as a part of the Festival's Education and Community Outreach. The program is designed
for families and children.
The concert will take place at 2:00 p.m. for approximately two hours.
The balance of the time is required for Festi 'ai personnel to install and remove the sound
equipment necessary for this performance.
We appreciate your consideration of our request and look forward to having the
opportunity to answer any questions that yot may have.
Very truly yours,
12-er (--folm-01-1/L-(a&G
Rex Holman
Director of Operations
RH:ay
Michael Barrett, Music Director • Leslie Tomkins, Artistic Director
58 E 300 S Moab, UT 84532 • 435-259-7003 • www.moabmusicfest.org
5-5
PRCA Rodeo
Canyonlands Rodeo Committee
P.O. Bog 1105
Moab, UT 84532
canyonlandsrodeo@gmail.com
June 18, 2010
City of Moab
217 E. Center Street
Moab, UT 84532
{ Dear City Council Members:
I am writing to you on behalf of the Canyonlands Rodeo Committee, requesting
that you consider waiving the fees normally charged for parades and hanging banners on
Min Street.
We are a non-profit organization and the Canyonlands PRCA Rodeo Event is
sponsoed in part by Grand County and the Grand County Rec. Board. We would
appreci to your consideration in this matter.
Sincerely
ichelle (Mefrel, Treasurer
Canyonl- ds Rodeo Committee
435-259- 8709
mmefret ��gmail.com