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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 TO 39Vd SAdOm onand avow r 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 Z0 39Cd S78OM DI -End SCOW 1 9LLZ65ZSEG VT:IT 0Y0z/60/4") 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 60 39Vd SA8:41 OrEnd EIVOW 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 d0 39Vd SMOM onend avow 9LLZ6SZSEd 1 PT:TT 0T0Zl601,10 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. S0 30tid smwm onand avow 9LLZ6SZSEb 1 PT :TT 0TK/60L0 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) 90 39ad SA80m of land avow 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 = L0 39Vd SNWM oriend evow 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 = >6fr ee 39Vd S71WM onand vow 1 9L.LZ65ZGep PT :IT 0T0Z/SOLO 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 60 39Vd S7dOm 9Iland avow 1 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 Q 71a.f : R v'CL 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 = TT 30dd SANOm °nand SHOW I 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 Z T 39vd Smdom oilend gvOW l 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 �� 6T 39Cd SMOM oilend SCOW 1 9LLZ6SZSEb vT=TT 9T6Z/69111.0 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 9La6SnCP bT:TT 0T0Z/69/Z0' 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 SAWM mend avow 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 8T 39V8 5AWM oriend avow 1 9LLUSZSE17 bT:TT 0TOZ/60/0 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 bT=TT 0TOZ/60/L0 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 0Z 39Vd S7a3M oIlsnd avow 1 9LLZ6SZS5d PT:TT 0T0Z/60/L0 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 TZ 39Vd SAdOm prend svow 9LLZ65Z5C17 bT:TT OTOZ/601217) 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 zz 39vd SMOm olland avow 1 9L126SZS£v vt:ii etezi6,7170) 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? �.tia✓ �J .f 17r rL iA rcvg £Z 39Cd SAWM orend VOW 9LLZ6SZSEh ri:VE elin/600 Part VI: SUBJECTIVE EVALUATION (cont.) C. Explain what problems, other than plugging have you experienced over the last year rC'�- .1..'^vi �1- Yy'3 f, x�a- c� rati � (r• %' `� 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 vZ 39dd s>klom onand avow 9LLZ65Z5£p hT : TT 1 0T0Z/60/LC) L0 Part VI: SUBJECTIVE EVALUATION (cont.) H. Any additional comments? (Attach additional sheets if necessary.) SZ 39tid smao 1 oriand 'avow I 9LLZ6SZSE17 CT :TT 0T0Z/60P 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 9Z 39vd SAWM oliend avow 1 9LLZ6SZSEd bT:TT 0T0Z/60/L0 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 $28,184.00. Please let me know if you have any questions. Thank you. REC-M EM-10-07-003 First EPA Green Power Community in the Nation Straightline Contracting 435-259-5257 3070 Roberts rd. Moab, Utah 84532 Proposal Page No. of Pages (-PROPOSAL SUBMITTED TO �} , ` ei/ly t)p /yf Dlr..o PHONE DATE !7 /' r%- /0 \ STREET / JOB NAME �Aefe_ zia ,Sr.- . /./vLs iost CITY, STATE AND ZIP CODE JOB LOCATION ,67/7/ei-t- L1 .0r . ARCHITECT ..__— DATE OF PLANS JOB PHONE _.i We hereby propose to furnish materials and labor necessary for the completion of 30 /YIDa;'fiitve Gnu 6 y� c�t4/%r �C /ud:/�� ATS,e_ /a l/S Oo <5 o LP'. 020 9� �770 %��.� 4ate ic a ineha ioj Gas a ma...71-c.-i6_ I 7zio " 1, f g ao — Li): Ali �S"i'd/g4,c_/K / ne/udrn� Aett ma-,,lee/eL/ 7daa LjDhC�GfZ retz-in /1...1 5C2)v7'eie i'� G/udrni labor -4;/- 6:7n s`fr- 4,Si n7 Li 'Lsin e . %eY bit 4-e /4 S�%9 (2 �Qr- C304,CirKC71;13 7Ln(`G -AV 404.4/ fD ,.�i obit �Go ro74-/ b7 8, e /9// illn cG lYl e a/ev,air ah d apftvotc-1/ oh WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ ) 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� �`- f 4 , 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 ii <^r ei) 7 J G (- „ t.)r • 7t• �) . %r!� �s r. of 6 L).., 4 er- , C.y G yid r G /e:1 5?Q 70 Cr ff y i +P',r-, L.A.)el fir 0 % e % f G a /4: vr•J �--� t O (..!" 7n ,/a / f at, i✓- / t _ f•rr'1pG.' 1tTYi S z/'ierC_' �- it +'CY.rG � c lr. C� +1 1 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