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HomeMy Public PortalAboutPKT-CC-2011-10-11CITY OF MOAB October 11, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 86 Page 2 of 86 Moab City Community Meetings October 2011 October 2011 S M T W T F November 2011 S S M T W T F S 16 23 30 2 3 4 5 6 7 9 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 1 2 8 6 7 8 9 15 13 14 15 16 22 20 21 22 23 29 27 28 29 30 3 4 5 10 11 12 17 18 19 24 25 26 t o u, N n N v) 0. N U o rn O ic, o N r, N tJ 0 0 z 0 ro t) c, Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sep 25 26 27 28 29 30 Oct 1 2 3 4 5 6 7 8 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm KZMU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 9 10 11 12 13 14 15 12:30pm 2:00pm GCCOA 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:30pm 9:00pm Moab C� 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 8:00pm Moab PC 7:00pm 8:00pm CVFP 16 17 18 19 20 21 22 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:30pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC 5:30pm 6:30pm MATCAB 23 24 25 26 27 28 29 12:00pm 12:30pm MTPSC 6:30pm 9:00pm Moab CC-11 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 30 31 Nov 1 2 3 4 5 Moab City Recorder's Office 1 10/7/2011 11:08 AM Page 3 of 86 Moab City Community Meetings October 2011 December 2011 November 2011 S M T W T F December 2011 S S M T W T F S 13 20 27 1 2 3 4 6 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 5 12 4 5 6 19 11 12 13 26 18 19 20 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 z o M o 0 z . z° o 0 z rvl UJ r\ N 8 O Z 0 v v o Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 30 31 Nov 1 2 3 4 5 3:00pm 4:00pm GC Counci 5:00pm 6:00pm KZMU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 6 7 8 9 10 11 12 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 6:30pm 9:00pm Moab CC 13 14 15 16 17 18 19 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 8:30pm CVTC 5:30pm 6:30pm MATCAB 20 21 22 23 24 25 26 12:00pm 12:30pm MTPSC 5:00pm 6:00pm SEUDHD 6:30pm 9:00pm Moab CC 6:00pm 7:00pm GC PC 27 28 29 30 Dec 1 2 3 4 5 6 7 8 9 SO Moab City Recorder's Office 2 10/7/2011 11:08 AM Page 4 of 86 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, October 11, 2011 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 August 23, 2011 1-2 September 13, 2011 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATION 4-1 Presentation of the Mayor's Student Citizenship of the Month Awards for October 2011 for Helen M. Knight School SECTION 5: CONSENT AGENDA 5-1 Approval of an Agreement by and between the Utah Retirement Systems Public Employees Long -Term Disability Program and the City of Moab 5-2 Approval of Election Judges for the 2011 November General Election 5-3 Approval of a Special Business Event License for Moab Folk Festival and Moab Folk Camp from October 30 to November 4, 2011 at the Moab Ball Park Page 5 of 86 SECTION 6: NEW BUSINESS 6-1 Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the R-2 Zone at 283 Hobbs Street 6-2 Approval of Change Order #1 for the Bartlett Street and 400 North Street Improvements Project 6-3 Discussion Regarding Recycling Donations 6-4 Approval of a Pre -Annexation Agreement by and between the City of Moab and Red Rock Partners, LLC 6-5 Approval of a Pre -Annexation Agreement by and between the City of Moab and Miller Funding Group 6-6 Approval of a Pre -Annexation Agreement by and between the City of Moab and the William Ralph Stroble Living Trust and Harley M. Soltes 6-7 Discussion Regarding Council Prioritization of Staff Projects SECTION 7: READING OF CORRESPONDENCE SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: REPORT ON CITY/COUNTY COOPERATION SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 6 of 86 MOAB CITY COUNCIL REGULAR MEETING August 23, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Jeffrey Davis, Sarah Bauman, Kirstin Peterson and Gregg Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Community Development Director David Olsen, Public Works Director Jeff Foster, Police Chief Mike NaVarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B. D. Howard led in the Pledge of Allegiance. Fourteen (14) members of the audience and media were present. Councilmember Peterson moved to approve the Regular City Council Meeting minutes of July 12, 26 and August 9, 2011. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Under Citizens to Be Heard, Sara Melnicoff outlined a volunteer project along the pathway and introduced Cad Milligan who was homeless for two years and had recently received help from Ms. Melnicoff with his housing needs. Mr. Milligan stated that there are still homeless individuals in Moab. Ms. Melnicoff stated that to have a healthy community we must deal with all aspects and it has helped out a lot to have a shelter. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT Under Community Development Department Update, Community UPDATE Development Director Olsen stated that the Steen Trail was under way and he was working on securing easements for the trail. Community Development Director Olsen stated that there was a trail issue in Grand County and that Grand County was looking at abandoning a trail easement. Under Engineering Department Update, City Engineer Andrus stated that there was progress on the Lions Park trail and the boardwalk had been eliminated. City Engineer Andrus stated that three main items had been eliminated to reduce the overall cost of the project. A Planning Department Update was not given. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that staff had met with Mulberry Grove LLC and that the asphalt portion of the project in the subdivision would begin construction on September 6, 2011. Mayor Sakrison proclaimed September 2011 as Moab Family Meals Month. Mayor Sakrison opened a public hearing on a Conditional Use Permit Application for a Bed and Breakfast Located at 310 East 100 North in the R-3 Zone at 7:13 PM. ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PROCLAMATION PUBLIC HEARING OPENED August 23, 2011 Paw 6t-f: Planning Director Reinhart gave an overview of the Proposed conditional use permit. Citizen Larry Hickson Jr. stated that he lives at 161 East and 100 North. Mr. Hickson distributed some historic photos from the Dan O'Laurie Museum illustrating that Moab has historically been a mixed use community. Mr. Hickson stated that our community needs to be more accommodating of development from 400 East to 500 West and that many residents live in harmony in mixed use developments right now. Citizen Lucy Wallingford stated that she lives at 367 East and 100 North. Ms. Wallingford stated that she knows that the applicants have followed all of the regulations and will be approved. Ms. Wallingford stated that this Bed & Breakfast will not have a negative impact on the neighborhood. Ms. Wallingford then read a written statement. Ms. Wallingford stated that the need for affordable housing eclipses the need for tourist lodging and that she has asked that the Conditional Use Permit be deleted from the municipal code for residential neighborhoods. Ms. Wallingford asked the City Council to approve this license and to take steps to remove the permit from all residential zones. Sue Dalton stated that she is the applicant and that the house was built in 1933 and has been remodeled and two other buildings have been attached. Ms. Dalton stated that the project was started three and a half years ago and that the neighbors have all been happy with it. Mayor Sakrison closed the public hearing at 7:27 PM. Councilmember Peterson moved to approve a Class II Beer License for Kyle Edward Walker, d.b.a. Izakaya Located at 60 North and 100 West. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Local Consent of a Full - Service Restaurant Liquor License for Kyle Edward Walker, d.b.a. Izakaya Located at 60 North 100 West. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve a Special Event License for the Moab Century Tour to conduct a Road Cycling Event on September 16 to 18, 2011. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution #17-2011 —A Resolution Accepting the Public Improvements Constructed In Association With The Planned Unit Development Known as the Portal Vista Planned Unit Development (PUD). Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Ordinance #2011- 15 — An Ordinance Amending the City of Moab Municipal Code, Sections 17.45 and 17.48 by Removing the Increase in Lot Width for Additional Dwellings to be Placed on a Lot. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. PUBLIC COMMENTS PUBLIC HEARING CLOSED CLASS II BEER LICENSE FOR IZAKAYA, APPROVED LOCAL CONSENT FOR A FULL - SERVICE RESTAURANT LIQUOR LICENSE FOR IZAKAYA, APPROVED SPECIAL EVENT LICENSE FOR MOAB CENTURY TOUR, APPROVED PROPOSED RESOLUTION #17- 2011, APPROVED PROPOSED ORDINANCE#2011- 15, APPROVED PROPOSED ORDINANCE#2011- Councilmember Peterson moved to approve Proposed Ordinance #2011 16, APPROVED August 23, 2011 Pop g ems% 16 — An Ordinance Amending the City of Moab Municipal Code, Section 17.09.030 by Including the Residential Use of a Townhome as an Exception to the One Dwelling -One Lot Provision. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Letter of Agreement by and between the City of Moab and Four Corners Community Behavioral Health for the Communities That Care Program. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that she had been working on the Subdivision Improvements Agreement with Planning Staff and a Developer and that staff had met with a developer regarding the future of the Powerhouse Lane Area. City Manager Metzler stated that she had been working on the Solid Waste District's recycling proposal and would be attending a Grand County Community Impact Board Project meeting the next day. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison mentioned that he had collected an award on behalf of the City of Moab from Utah State University. Councilmember Peterson stated that the City has been collecting a recycling donation on the City utility bills for quite some time and that the original organization has changed structure and it may no longer be appropriate for the City to collect that donation without a policy in place. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $131,140.57. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:59 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder LETTER OF AGREEMENT BETWEEN CITY OF MOAB AND FOUR CORNERS COMMUNITY BEHAVIORAL HEALTH, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT August 23, 2011 P 6ff8% MOAB CITY COUNCIL REGULAR MEETING September 13, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-tem Jeffrey Davis called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Sarah Bauman, Kirstin Peterson and Gregg Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Pro-tem Davis called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Twenty (20) members of the audience and media were present. There were no Minutes to Approve. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had met with the Utah Department of Transportation (UDOT) regarding pre -construction coordination for the Highway 191 project and that the first phase of that project will begin on September 26, 2011 and would involve a three inch overlay, lane leveling and a bicycle path. Under Planning Department Update, Planning Director Reinhart stated that the South Area Annexation was proceeding. Planning Director Reinhart then distributed an Affordable Housing brochure. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that the interpretative kiosk would be up by the end of the week for the City Center solar project. Public Works Director Foster continued that the dog park was coming along and that security lights were on at the Ballpark. Public Works Director Foster added that staff had been working on wiring issues at the Moab Recreation and Aquatic Center, that Staff had cleaned up the parking lot at Old City Park, the sidewalk grinding project was finished and that Staff had drafted a City Encroachment Permit. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE Ranna Bieschke of the Canyonlands Half Marathon gave a presentation PRESENTATION regarding Special Event Permits and City Parks on behalf of six special event organizers. Councilmember Peterson moved to approve the consent agenda as follows: 1) Approval of Local Consent of a Full -Service Restaurant Liquor License for Alex Borichevsky and Frankie Winfrey, d.b.a. Sabaku Sushi Located at 90 East Center Street; 2) Approval of a Street Performance Permit for John Kovash for Various Dates and Locations in Downtown Moab; 3) Approval of a Request by the Grand County High School and Middle School Native American Club for Use of Swanny City Park CONSENT AGENDA, APPROVED September 13, 2011 F1 b of 46 on October 22, 2011; 4) Approval of a Special Event Business License for the Grand County High School Native American Club to Conduct a Concert in Swanny City Park on October 22, 2011; 5) Approval of a Waiver of the Special Business License Fee for the Grand County High School Native American Club in an Amount Not to Exceed $80.00; 6) Approval of a Request by Chile Pepper Bike Shop for Use of Anonymous Park on October 30, 2011; 7) Approval of a Special Event License for Chile Pepper Bike Shop to Conduct a Bicycle Dirt Jump Competition on October 30, 2011 at Anonymous Park with the conditions listed in the memo from City Manager Metzler dated September 9, 2011. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve a Conditional Use Permit Application for a Bed and Breakfast Located at 310 East 100 North in the R-3 Zone. Councilmember Peterson seconded the motion. Councilmember Stucki stated that he runs a Bed and Breakfast business. The motion carried 4-0 aye. Councilmember Bauman moved to approve Proposed Resolution #18- 2011—A Resolution Accepting Improvements Constructed in Association with the Medical Clinic Previously Located at 630 West and 400 North. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to Award the Bartlett Street and 400 North Street Improvements Project Bid to LeGrand Johnson Construction in the amount of $134,755.16. Councilmember Bauman seconded the motion. The motion carried 4-0 by a roll -call -vote. Councilmember Peterson moved to approve the Bartlett Street and 400 North Street Improvements Project Contract. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve the Final Plat for Moab Valley Healthcare Subdivision. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to table a Solicitor License for Vivint, Inc., d.b.a. Arm Security Incorporated to Conduct Door -to -Door Sales of Home Security and Automation Systems. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Warranty Deed from Michael and Heather Taylor for Dedication of Right -of -Way Along West Center Street. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve an Improvements Agreement by and between the City of Moab and Michael and Heather Taylor for Public Improvements in the West Center Street Right -of -Way. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. CONDITIONAL USE PERMIT, APPROVED PROPOSED RESOLUTION #18- 2011, APPROVED BARTLETT STREET AND 400 NORTH STREET IMPROVEMENTS PROJECT BID, APPROVED BARTLETT STREET AND 400 NORTH STREET IMPROVEMENTS PROJECT CONTRACT, APPROVED FINAL PLAT FOR MOAB VALLEY HEALTHCARE SUBIDIVISION, APPROVED SOLICITOR LICENSE FOR VIVINT INC. D.B.A. ARM SECURITY, TABLED WARRANTY DEED FROM MICHAEL AND HEATHER TAYLOR, APPROVED IMPROVEMENT AGREEMENT BY AND BETWEEN CITY OF MOAB AND MICHAEL AND HEATHER TAYLOR, APPROVED September 13, 2011 Feria of g6 Councilmember Bauman moved to approve a Subdivision to Create the Archland Townhome Subdivision in the R-3 Zone at 164 South 300 East. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. City Manager Metzler made a Presentation Regarding Long Range Water Projects and discussion followed. Under Reading of Correspondence, Councilmember Stucki stated that he had received an e-mail regarding camp trailers parked along 400 North Street. Councilmember Bauman mentioned that there was some new graffiti along the parkway next to the Youth Garden Project. Under Administrative Report, City Manager Metzler stated that there would be a presentation at the next City Council meeting regarding the Moab Recreation and Aquatic Center and that Utah State University had received a $15 million donation which would fully fund phase one of their Moab campus project. City Manager Metzler stated that the South Area Annexation was coming together and the pre -annexation agreements would be up for approval during the next month. City Manager Metzler stated that Public Works Director Foster had been working on a new parks policy and the draft policy would be on the next council agenda. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Pro-tem Davis stated that the Airport Board was putting their air transportation contract out to bid and that Great Lakes Airlines was asking the City Council for a letter of endorsement. Mayor Pro-tem Davis then stated that the League of Women Voters Candidate Forum would be held on October 3, 2011. Councilmember Peterson requested that a discussion item be added to the next agenda regarding recycling donations and utility billing. Councilmember Peterson then stated that she had conducted a bicycle tour the previous day and had the opportunity to ride with Cyclist Lance Armstrong. Councilmember Bauman stated that the Housing Authority would be meeting the next day and that there was an opening on the board. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $719,293.97. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Pro-tem Davis adjourned the Regular Council Meeting at 7:58 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder SUBDIVISION TO CREATE THE ARCHLAND TOWNHOME SUBDIVISION, APPROVED PRESENTATION REGARDING LONG RANGE WATER PROJECTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT September 13, 2011 FPabgei of g6 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: 1 0/07/2011 Re: Long Term Disability Contract Mayor: Council: David L. Sakrison Kyle Bailey Sarah C. Bauman Jeffrey A. Davis Kirstin Peterson Gregg W. Stucki Utah Local Government's Trust through Public Employees Health Program has provided our long term disability coverage for our employees since prior to 1987. Attached is the last contract that we entered into for this coverage as well as a revised contract that reflects changes to the policy as outlined in the attached e-mail message. Please let me know if you have any questions. Thanks REC-MEM-11-10-001 First EPA Green Power Community in the Nation Page 13 of 86 5-1 Dani From: Sent: To: Subject: Attachments: Angie.Benson@pehp.org Tuesday, August 16, 2011 1:15 PM danielle@moabcity.org Fw: LTD Contract for City of Moab CITY OF MOAB LTD CONTRACT 2011.doc (Danielle please confirm back to my email so I know you received it) Good afternoon : Due to some of the changes made this last Legislative session we have updated our PEHP LTD Program Agreement effective 7-1-11. We mailed a contract to Moab City in June but have not received it back. Two important changes to the Agreement have been made. We have removed the term "Master Policy' as we no longer use such a document and rely on Title 49 for definition of the Program. Second we have added clauses related to full- time and volunteer firefighter participation taking effect 7-1-2011 for eligible firefighters. The PEHP LTD Program remains governed by Title 49, Chapter 21 of the Utah Code. Please note that the LTD Premium rate has not changed. For everyone except firefighters it remains .006 (.6%) of regular salary. Rates for firefighters will be paid through the Utah Fire Insurance Premium Tax therefore no premium rates are to be paid on firefighters' salaries. I have attached an Agreement for review and signature. Please remember to keep a copy for your records. Please return the original signed & dated Agreement to me at the address below. Thank you for allowing us to administer this important program for your employees. If you have any questions about the contract or the LTD Program, please feel free to contact me. Thank you. Angie Benson, Manager Long Term Disability Program Public Employees Health Program 560 East 200 South Salt Lake City, Utah 84102 Office Phone: 801-366-7711 Department Phone: 1-800-365-7347 Department Fax: 801-366-7321 angie.benson @ pehp.orq Qx ce)\'' Page 134 of 86 AGREEMENT UTAH RETIREMENT SYSTEMS PUBLIC EMPLOYEES LONG-TERM DISABILITY PROGRAM AND CITY OF MOAB THIS AGREEMENT is made and entered into by and between CITY OF MOAB a body corporate and political subdivision of the State of Utah, for purposes of this agreement hereinafter referred to as the "EMPLOYER", and UTAH RETIREMENT SYSTEMS by and through the "PUBLIC EMPLOYEES LONG-TERM DISABILITY PROGRAM" or "LTD Program". WITNESSETH: WHEREAS, LTD Program is obligated pursuant to Title 49, Chapter 21, Utah Code Annotated (1953, as amended), to make long-term disability benefits available to employers of the State, its educational institutions, and political subdivisions; and WHEREAS, the EMPLOYER certifies it is a political subdivision or educational institution of the State of Utah and also certifies that both the EMPLOYER and its eligible employees qualify to participate in such a program; and WHEREAS, EMPLOYER wants to participate in the LTD PROGRAM; and WHEREAS, EMPLOYER wants to have the LTD Program act as the long-term disability provider organization for EMPLOYER's Eligible Employees; and WHEREAS, THE LTD Program has agreed to make available to EMPLOYER's Eligible Employees the benefit program set forth in Title 49, Chapter 21, of the Utah Code Ann. NOW, THEREFORE, for and in consideration of the agreement and provisions hereinafter contained, it is hereby agreed as follows: LTD Employer Agreement July 2011 Page 1 Page 15 of 86 5-1 SECTION 1. SCOPE OF AGREEMENT 1.1 Title 49, of the Utah Code Ann. contains the terms of the long- term disability LTD Program which govern the long-term disability benefits. 1.2 The LTD Program shall be administered by the Utah State Retirement Office, under Utah law and the policies and rules adopted by the Utah State Retirement Board and the LTD Program. 1.3 Any documents prepared and/or provided by the LTD Program are intended to be complementary to this Agreement. In the event of any inconsistency between the provisions of any LTD document, this Agreement and/or Utah law, they shall be resolved by giving precedence first to Utah Code Title 49, Chapter 21, then to this Agreement. SECTION 2. ELIGIBLE EMPLOYEES 2.1 The LTD Program will make long-term disability benefits available to the EMPLOYER'S Eligible Employees, that term is as defined under Utah Code Ann. §49-21- 102 et. seq.. As of the Effective Date of this Agreement, "eligible employees" include: a. All regular full-time employees who participate in the Utah Retirement Systems as defined by Utah Code Ann. Title 49, except firefighter service employees and volunteer firefighters hired prior to July 1, 2011. b. "regular full-time employees" who are covered by a retirement program offered by the Teachers' Insurance and Annuity Association of America (TIAA); LTD Employer Agreement July 2011 page 2 Page 16 of 86 c. Employees who are eligible to participate in the Utah Retirement Systems but have exempted from participating in the Utah Retirement Systems; d. Firefighter service employees initially entering employment on or after July 1, 2011; e. Volunteer firefighters for line -of -duty disability benefits only, who initially enter employment on or after July 1, 2011; f. "regular full-time employees" hired on or after July 1, 2011, who participate in the Tier II Retirement System (Defined Contribution and/or Defined Benefit Plans); 2.2 Anyone eligible for LTD Program coverage as of Jun 30, 2011, will remain covered under the same rules that have applied to their employment previously. 2.3 The following employees are not eligible for LTD Program's Long-term disability benefits: a. Utah Retirement System post -retirees; b. Employees with enough years to retire from the Utah Retirement System without a reduction, and subject to U.C.A.§49-21-403; and c. Employees classified by Utah Retirement Systems under Title 49, as ineligible to participate with the Utah Retirement System. SECTION 3. TERM OF AGREEMENT 3.1 Unless sooner terminated as herein provided, this Agreement shall be effective beginning July 1, 2011, and will be automatically renewed annually. Either party shall have the right to terminate this Agreement without cause by notifying the other LTD Employer Agreement July 2011 Page 3 Page 17 of 86 5-1 party in writing, of its intent to terminate at least ninety (90) days in advance. 3.2 Upon termination of this Agreement, the LTD Program shall continue to provide disability benefits to individuals whose date of disability was prior to the termination date of this Agreement for as long as those individuals remain eligible for disability benefits under the terms of the LTD Program. 3.3 Except as provided above, upon termination of this Agreement the LTD Program shall not provide any benefits to EMPLOYER'S Eligible Employees which have a date of disability on or after the termination date of this Agreement. SECTION 4. RATES 4.1 EMPLOYER is required to make their regularly scheduled rate payments on behalf of all Eligible Employees. The rate is listed in Exhibit A and is a percentage of salaries and wages for each eligible employee employed by an employer covered by one of the Retirement Systems or pursuant to 2.1 (b) herein. 4.2 Rates for firefighters and voluntary firefighters will be paid through the Utah Fire Insurance Premium Tax therefore no rate is due to the LTD Program for firefighter employees. 4.3 EMPLOYER acknowledges that during each legislative session, the Retirement Board shall certify to the Legislature the employer paid rate expressed as a percentage of salary which is required to fund the Public Employees' Long -Term Disability Trust Fund. 4.4 The LTD Program may increase or decrease the rate, upon renewal upon written notice to EMPLOYER, according to sound actuarial principles. If the LTD Program determines that it is necessary to increase the rate in order to keep the Program LTD Employer Agreement July 2011 Page 4 Page 18 of 86 actuarially sound, EMPLOYER will be provided with sixty (60) day notice of the rate increase. 4.5 If EMPLOYER'S rate payments are more than sixty (60) days in arrears, from the regularly scheduled due date, the LTD Program may at its sole discretion assess a late charge of one percent (1 %) per month of the total amount due calculated from the date the payment was due, and may terminate this Agreement. SECTION 5. EMPLOYER RESPONSIBILITY 5.1 EMPLOYER hereby acknowledges and agrees that upon request of the LTD Program, it is the responsibility of EMPLOYER to provide to the LTD Program the number of Eligible Employees, and, if requested, a list of the names and salaries of Eligible Employees. 5.2 Upon Eligible Employees' application for an LTD benefit, EMPLOYER agrees to provide to the LTD Program the information necessary to complete the application process, which includes, a completed Employer Certification and/or any other relevant employment documentation requested by the LTD Program. EMPLOYER agrees to cooperate with the LTD Program in, providing information requested by the LTD Program. SECTION 6. AVAILABILITY OF DATA 6.1 EMPLOYER acknowledges that the LTD Program is subject to Utah Code Annotated §49-11-618(2) (1953, as amended), and the LTD Program will comply with the applicable board resolutions on confidentiality. LTD Employer AgreementJuly 2011 Page 5 Page 19 of 86 5-1 SECTION 7. GENERAL PROVISIONS 7.1 This Agreement may be modified or amended only by a written instrument executed by duly authorized officers of the parties hereto except as provided below. 7.2 If at any time Utah law changes, which impacts this Agreement, this Agreement will be automatically amended to reflect such changes. 7.3 If any party defaults in the performance of this Agreement or fails to perform any of its obligations hereunder, the defaulting party shall pay all costs and expenses, including reasonable attorney's fees, which may arise or accrue from enforcing the Agreement or from pursuing any remedy provided hereunder. 7.4 Except as otherwise provided in this Agreement, in the event a party to this Agreement fails to perform its obligations hereunder, the performing party shall provide written notice to the non -performing party of such failure(s) to perform. The non- performing party shall then have sixty (6o) days to cure such non-performance. If the non -performing party does not cure such failures, the performing party may terminate the Agreement without waiving any rights that parry may have either in law or equity. 7.5 This Agreement is entered into in the State of Utah and shall be governed by the laws of Utah. 7.6 Each person signing this Agreement represents and warrants that they are authorized to sign this Agreement and has the authority to bind the entity on whose behalf they are signing. 7.7 The parties agree to resolve any dispute regarding this Agreement through the administrative hearing process outlined in Utah Code Annotated §49-11-613. LTD Employer Agreement July 2011 Page 6 Page 20 of 86 5-1 7.8 This Agreement is for the benefit of the parties and does not create any rights, causes of action or obligations to or on behalf of any third party. 7.9. Each Party is responsible and liable for its own wrongful or negligent acts which are committed by it or by its agents, officials, or employees. EXECUTED this day of , 2011. UTAH RETIREMENT SYSTEMS PUBLIC EMPLOYEES HEALTH PROGRAM By: -idea„,._ Title: Director Public Employees Health Program Employer: CITY OF MOAB By: Signature Print Name: Title: LTD Employer Agreement July 2011 page 7 Page 21 of 86 5-1 EXHIBIT A PREMIUM RATE July 1, 2011 The LTD employer -paid premium rate is .006 of regular salary as defined by the Compensation Table/Contribution Reporting for Utah Retirement Systems found in the Employer's Guide. LTD Employer Agreement July 2011 Page 8 Page 22 of 86 5-1 !Y!� 'Y2 _ 4 UTAH STATE RETIREMENT BOARD PUBLIC EMPLOYEES DISABILITY PROGRAM 540 East 2€ 0 South Salt Lake City, UT 84102 AGREEMENT This Agreement is made between the Utah State Retirement Hoard thereinafter designated as the Board) and MOAB CITY CORPORATION (hereinafter designated as the Employer) Subject to the provisions and conditions in the attached Master Policy, and the Utah Public Employee's Disability Act of 1983 and subsequent legislative amendments the Board agrees to provide the benefits and services to qualifying members. The Employer agrees to pay the required premium of six -tenths of one percent of salaries and wages for each employee that as a member of a group covered by one of the Retirement Systems. The Board, with ninety -days notice, may increase said premiums if legally required as a result of a current actuarial study. The Employer further agrees to the provisions and conditions of the Master Policy and the Utah Public Employees Disability Act of 1983 and subsequent legislative amendments. To be effective July 1st 1987. IN WITNESS, whereof, the parties have hereunto set their hands and seals this 28TH day of IAAY , 19 87 ATTEST ATTEST UTAH STATE $ TIREMENT BOARD by Moab City Corporation by .ay on Pene Thomas A. Stocks City Recorder Mayor Employer �G c Page 23 of 86 Precincts 1 & 9 - County Courthouse Election Judges Name Address * Adair Joyce 337 Walker Street Key Mary 287 E.100 N. Stewart Shirley 236 S. 300 E. Alternate Election Joseph Beth 217 E. Center St. 10/7/2011 *presiding judge Moab City Recorder's Office Page 24 of 86 5-2 Precincts 2 & 5 - City Center Election Judges Name Address * 5ecrest Wanda 450 Millcreek Dr. Dailey Carrie 46 5 200 E. McCandless Charme 1785 Millcreek Dr. Alternate Election Mayberry Wendy 1268 Madison Way 10/7/2011 *presiding judge Moab City Recorder's Office Page 25 of 86 Precinct #3 & #10- Grand Center Election Judges Name Address * Taylor Tammy 280 W. Center P>yrd Pat 826 Colorado Avenue Padger Pette 753 Pallisade Dr. Alternate Election Radcliffe Crystal 509 W. Hale Avenue 10/7/2011 *presiding judge Moab City Recorder's Office Page 26 of 86 Precinct 4 - First Baptist Church Election Judges Name Address * Dalton Dixie 750 Kittle Lane Randall Lydia 427 Huntridge Wickware June 425 park Drive Alternate Election Guerrero Danielle 217 E. Center St. 10/7/2011 *presiding judge Moab City Recorder's Office Page 27 of 86 DATE. PAID: i ` 71 -I AMOUNT PAID: Sly! C ) RECEIPT No.: 1¢ 021)9 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Was, UTAN 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CfTY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT ($80): $80.00 OR CI CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) OG TOTAL FEES: 9,0 LICENSE #: ZONE: NAME OF EVENT: kr 0/� ';""S n V ►� c. K( QA+C� �(IG/C Cite D WPTION OF EVENT: 171-� OAP /s A DESC 'fib r- 7dnc. /S A 3-off-1 Fifa- Ads Pe'RFokmAdtrEV4507 1- roe K sor44 INsiizucrapr � Aiil LOCATION OF EVENT: es1.1 A -T[ at.1 LC( (�,h-(a FoYL /roue PREMISES TO BE USED: +) a 4 u f-S G aLA, q Crit i.NT LI /4 . S -/ 0' )4 cc f i l� 7 / 6 rAt /./-r}LL / /YI ALL TEMPORARY STRUCTURES TO BE USED (IF ANY): C111.4 A 9 Li -rE--,41'S I STY) to T C-___ T'N L� (5 ilt L. ii EL 4) DATE(S) AND TIME(S) OF EVENT: (“p,/-6 rrit it._ C/IYYN9 DCr 3n- Nav 41/ Mna6 4FLC /�Si)►/AL. ND✓ Y-LIZo// ANTICIPATED # OF EVENT PARTICIPANTS: f /.35b p To T I L. NUMBER OF VENDORS PARTICIPATING: -t 3Q A/ ��,/DA a 5 TYPES OF VENDORS PARTICIPATING IN EVENT. #(21-5 if Ci-A'F rS / d (7 II FsiDOYL S 'f //f Fe)V tel ATT lul t30 67i4 S EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): TlC lerr SA t S 'J I/e-A/On>;. A-D)-11$Sa..I fr5 EVENT SPONSOR'S NAME: /L`�7ii�05 OIL '�i /` X164-43 iTridL, fern V 4 L. PHONE: t/35 -Z SS - q £j ZP: et/ 5B a. SPONSOR'S ADDRESS: 71 D S• Tao 1z(4 S r` CITY: m n STATE: I R r SPONSOR'S DRNER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: / 5 4 /J S C it ! L P , cry ruz Pao p SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIR TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION POTHER (SPECIFY): /Vba•l - y72Ary i EVENT SPONSOR'S SALES TAX ID #: C`rX g¢h Pi NAME REGISTERED WITH THE STATE FOR TAX ID: FYt. /1'1Ds 6 r' 114-e- 1-1 THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A UCENSE WALL BE DELAYED. I/WE L' i$4 ts) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CO NED HEREIN I INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND - • NSOR). I AGREE TO FIL FiE PROPER REPORTS WITH THE STATE OF UTAH. L/fr'fakspxt, State of Utah ) ) SS County of Grand ) SUBCR BED AND SWORN to before me this 1 day of _ ac,..4-010,.61 a0 l I. q.01;meutal `eCaWl-.r- NOTARY PUBLIC J SEE BACK OF FORM FOR ADDMONAL REQUIREMENT! Page 28 of 86 5-3 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 _ FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: ❑YES ❑ NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES ❑ No REVIEWED BY ZONING ADMINISTRATOR: DATE: SIGNATURE NAME OF APPLICANT:!//� ft�s Dr /�lJ/Z 1�.�73 Ilia PHONE: /��S -Z S % - 3 i APPLICANT'S MAILING ADDRESS: Po, Bo)c O Z CITr: kuvvig STATE: 1.{ i ZIP: 81(53 ? BUSINESS NAME: & 1 f-was ,d i Af S k1 -s4 fa7orti A L Ned Azd Fir C hi leat0s r ' ter; By53Z BUSINESS LOCATION: II) S 7(jo if-- -S r Mfl /► P� ZONE: 77 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: ft 0» if 6I2( »l a 5/G /r-/H'/ i !-!f1 g AT 3 Lb64-1-0J S 1 J r Tfi„1 `�/N1f : Gt r,f ki ev42 , tl i . -73-pc 1-1+4-1.� &etu 6 Ern j �QAii-o i41d-1„-4 err HS, 44-9 s chZ LL fiztirwo5 ead-D etcs" 72-t cm -ra 7-117F rnit �S i ► J A[. . faz K C44.1-% P t 4;trecii L 06✓16/05 Page 29 of 86 Moab Folk ..- • Festival Key Locations: 200 NORTH 100 NORTH CENTER STREET 100 SOUTH Page 30 of 86 1- Moab Arts & Recreation Center (MARC) 2- Star Hail 44 3- Moab Ball Field 4- Moab Information Center 5- Grand County High School kr ISV3 5-3 www.moabfolkfestival.com • info@moabfolkfestival.com P.O. Box 1082 • Moab, UT 84532 435-259-3198 (ph) • 435-259-1502 (fx) THE NINTH ANNUAL MOAB FOLK FESTIVAL: A TRADITION OF BIG NAMES PERFORMING UP CLOSE A nine-year tradition and fall destination for hundreds of music fans retums Nov. 4-6, 2011, to the unique setting of , in scenic southeastem Utah. The attraction? The Moab Folk Festival, three days of music, art, education and workshops set in the heart of some of the world's most spectacular scenery. The many performances showcase top artists in intimate, up -close venues that engage audiences in a way not to be found in larger auditoriums and arenas. "We offer stadium -quality artists in a setting akin to house -concert performances," says Melissa Schmaedick, the festival's founder and director. "Big -show talent in a private -show venue." The scenic setting --with both Arches and Canyonlands national parks nearby —coupled with an array of folk art, music workshops and jam sessions, makes for a unique informality between the performers and their audiences. "It's not unusual to be sitting near someone at one of the performances and suddenly realizing that person was performing onstage the night before," Schmaedick says. Top artists? This year, the festival welcomes singer -songwriters Karla Bonoff and Michael Martin Murphey as its star attractions. Bonoff made her reputation as a songwriter for such artists as Linda Ronstadt, Bonnie Raitt and Wynonna Judd. She broke out as a performer with the release of her first album in 1977. Six more albums have followed in the ensuing years, with a two -CD live set released in 2007. At Moab, Bonoff will be appearing with guitarist/producer Nina Gerber, an accomplished session musician who has played with dozens of artists both in the studio and in concert. Gerber can be heard on Bonof 's 2007 live album. Page 31 of 86 www.moabfolkfestival.com info@moabfolkfestival.com P.O. Box 1082 Moab, UT 84532 435-259-3198 (ph) • 435-259-1502 (fx) Moab Folk Camp (SE Utah Music and Song Workshops) Join us for five days of hands-on workshops with nationally recognized instructors in a variety of courses ranging from songwriting and singing to beginning and advanced guitar, slide guitar, banjo, mandolin, harmony singing, hand drumming and more. Moab Folk Camp offers a supportive environment in which students can experience the joy of making music and learning new skills in a beautiful setting, away from everyday distractions, with a caring group of musical friends. If you've been looking for somewhere to get started playing music or improve your musical skills, you've found the right place. 2011 Instructors include Cosy Sheridan - Songwriting & Guitar Lab Penny Nichols - Voice and Harmony Singing Alisa Fineman - Songwriting & Middle Eastern Frame Drumming Kimball Hurd - Guitar and Slide Guitar Anke Summerhill - Beginning guitar Eric Jones - Mandolin Chad Niehaus - Open Air Art Class David Kiphuth — Banjo Contact Information: www.moabfolkcamp.com Page 32 of 86 5-3 99 in ££ abed 2011 Festival Schedule November 4-6 Friday NOVEMBER 4, 2011 GCHS 7:00 PM Alicia McGovern 8:00 Karen Savoca & Pete Heitzman 9:00 Ferron 10.00 After Hours Jam Sessions @ Eddie McStiffs Saturday NOVEMBER 5, 2011 Moab Ball Field 12:00 PM Waiting On Trial 1:30 Boris McCutcheon & the Salt Licks 3:00 Michael Martin Murphey 4:30 — Dinner Break — 7:00 GCHS 7:00 PM Antje Duvekot 9:00 Peter Mulvey 9:00 Cheryl Wheeler 10.00 After Hours Jam Sessions @ Eddie McStiffs Sunday NOVEMBER 6, 2011 Moab Ball Field 12:00 PM Kate Macleod 1:30 Steve Forbert 3 00 Karla Bonoff with Nina Gerber TBA FBA venue key Star Hall : 159 E. Center Street between 100 East & 200 East GCHS (Grand County High School) : 608 South 400 East Moab Ball Field : Center Street & 200 East Eddie McStiffs (Late Night Jams) 57 S Main Street MARC (Moab Arts & Recreaction Center)111 E. 100 North Saturday & Sunday Moming Workshops 10:00 AM & 11:00AM Locations TBA (zr Schedule subject to last minute changes "It) grules to live by g All venues are alcohol, tobacco, & drug free. Please do not attempt to bring prohibited substances into festival venues. Sorry, no dogs or other pets allowed at festival venues. Indoor venue doors will close 10 minutes prior to performance. Please, no glass containers or coolers in festival venues. PLEASE —no recording of any kind (sound, video, pictures, etc.) PLEASE —turn off cell phones while attending indoor venues. City of Moab Planning and Zoning Department Correspondence PL-11-230 October 4, 2011 To: Honorable Mayor and Members of Council From: Planning Staftwe Subject: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the R-2 Zone at 283 Hobbs Street as Submitted by Robert Doherty Background Mr. Doherty has applied for a lot line adjustment between the lots he owns to address an inadvertent encroachment of a concrete patio and walkway into the adjacent lot. The lots meet the dimensional requirement for lot frontage and the area of 7,200 square feet. The new lots will be 8,752 square feet and 9,467 square feet. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) which allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a- 609.5. Page 34 of 86 6-1 City Council Doherty Boundary Adjustment October 4, 2011 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. 2 This application follows the applicable requirements listed in state law and addresses the encroachment issue. pAplanning department\2011\correspondence\pI-II-230 cc douherty bla.docx Page 35 of 86 6-1 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Fee - $100.00 plus $25.00 per amended lot or unit. 15n °' Receipt No. ;1 q-i s This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Ellison Date Page 36 of 86 6-1 OWNERS: 4/4- Za// Date State of G v f o ) County of cfrut ) On the -2an day of * km b. r aoil, personally appeared before me P G b e r• t l�- Do kyr , who duly acknowledged to me that they executed the same. W S a 4c.,v Notary Public My Commission Expires: y_./ 7 .,1G/S' Residing in OWNERS: Date Date State of ) County of ) On the day of , personally appeared before me who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 37 of 86 6-1 Jeff Reinhart From: Janie Tuft panietuft@yahoo.com] Sent: Tuesday, October 04, 2011 2:29 PM To: jeff@moabcity.org Subject: Fw: petition to vacate, alter or amend a subdivision plat Attachments: PETITION TO AMEND A SUBDIVISION PLAT.doc; Durango trip 079.JPG; Durango trip 080.JPG; Durango trip 081.JPG; Doherty plat and aerial photo.pdf Jeff: I met with you briefly last week to hand over the petition and plat to amend /boundary line adjustment on Doherty's Lot 9-B and Lot 8-A in Hobbs Subdivision, and to be placed on the Moab City Council Agenda for Oct. 11, 2011. You indicated at that time that it would be helpful to have some narative on the situation at the location of the requested amendment/boundary line adjustment. I have attached three photos of the new post adjustment boundary line markers, and also the subdivision plat and aerial photo. The principle reason for this change is to include the hot tub and it's Northerly fence with the home located on Lot 8-A. Robert Doherty is selling Lot 9-B to the adjacent owners, Leon and Judy Jones on Lot 10 & 11, Block B, Hobbs Subdivision. I believe that this is an adequate explanation of the situation. Please let me know if you do need more explanation or supporting documentation. Will I be getting verification of this petition being included on the Oct. 11, 2011 City Council Agenda? Janie Tuft Moab Premier Properties 397 N. Main St. #4 Moab,UT 84532 Cell# 435-260-1572 Home# 435-259-8360 Work# 435-259-7337 Ext. 104 Fax# 435-259-4867 email: janietuft@yahoo.com Forwarded Message From: Janie Tuft <janietuft@yahoo.com> To: "jeff@moabcitv.orq" <jeff@moabcity.org> Sent: Thursday, September 22, 2011 10:25 AM Subject: Fw: petition to vacate, alter or amend a subdivision plat Jeff: Can you please detail the specifics of going through this approval process and the estimated timeframe. Thanks! Janie Tuft Moab Premier Properties 397 N. Main St. #4 Moab,UT 84532 Cell# 435-260-1572 Home# 435-259-8360 Work# 435-259-7337 Ext. 104 Fax# 435-259-4867 email: janietuft@yahoo.com Forwarded Message From: Keogh Surveying <keoghlandsurveving@yahoo.com> To: "janietuft@vahoo.com" <janietuft@yahoo.com> Sent: Thursday, September 22, 2011 9:36 AM Subject: Fw: petition Page 38 of 86 6-1 .ead 09 OE 9l See) OE = 4aui � uopA pgns Aliegoa 0 N3OSE311111M1103 —33f—WAN —MOM — 3M1—/MO JD MOM 3M11Y 030I30311 —JD VO 'NYN b 31Y1S 'ON &MOM AINI100 MM1011.11, MW 0316011, MIN commons '-1L 'OY A AY0— SW WAYS Alb BYOW ANL 0/ 031N67W TVAORddY MUM �ON Yml NNl O0 0710743 MU Al RIMINI 113 M'LOS OMYO arm WM PPM! fps .1/24vX:s tsa sr ,911/1ZS Y11,,s7 triVI 7 H,9017Jj M MWdOId Amos M OMOMln 01141Id AY MON 1131140 IMMSOOKO M MIMS Mu OOro333 L13111/IIM;1 n 1Y111 monocracy 011Y •1M31MW/W WU 01 0750OSMS UYM) p ISWM/ 7WM1 3Ml MI 01 MOW A14010WS0MS JO SIM 3111 N0 OI 01 MIAOW aM NOBS 13311TAMW 111YNMiOd-0L .0Y ID MOO 2141 NO TS— JO A1NM0 OMIIb100 JO 31Y1S ILNS IOMMIl0N80Y —M "0Y-1DAY0— MN/ 13S OUYOION WIN — AMINO =MIS M Mfll 011191/1 WJ MOM SY WY SN11 ND I M O MINI JO STEM TN 0010d MO b 301 74111JIM3d YDI 31Y006 A931011 00 NOISIAICIOns A1tl3MOO 311/ SY IMMM 31 01 101//310N 113M0 OW 1101 OIM INNIMMMM p} 3WM5 031/410 SOWN VIM JO 10011 0301110570 SLOW 3111 JO 11NiMD 1331b610MN MN •—MYNI &DOM MOLL M NMI TIN NMI NOLLY0IQfi0 SiISKY0 NOOMI 1I AN10191 RYO Man JO 3N0M11 MII� NI01 au NCyw I aY 1mMM WA 3W UMW 1ST 10) MOON NW 711DV WO QI.11Y DLL IM MOMN MINN MI/ Ol 'lI MOO{ 11p31033 N 30I011 'IOMM YES (%I LOIS 111.9130M 1 SNYi IO NA 00193,I MI MOM ONS) 'N IOML INDY MO Ol 3111I13 I MO 11 090/1 Y JO OW SO OMOT' MISS "L 193901 NAIO.MIS N LNN1 Sua 1Md NJM,MS11 LYY31 MUM OYGML Y SYII 11M13 MIS) 'L OCLI DON 3W Ol HNIb SNMN 'N emu Y A MN MU MOW 3090O `l/ OIOO •'L MM/I KILO M00 I,3YN myna OEM M L ISMS 1WM iLL Ol S stun U mY JO MN OM MIAMI E u loam v cm NA MTN R �ALO N Lsuns MA ON010 Y ON 3MMO MO'lI MN 101 MO 0/ NMb MOM II OOM/ YID M 'M6�MM�IMN m1MMOMN ILL 1YRg1 C311 d PAN qN 0N0f10J NON E 7 031313130 R MM = JO MS MIINM I�SMON IDS )00111 1101 • Y NOO1N 110110 OMMSMNOI S011Y1 ID NOOMOW NOU2223230 AVVOW101 Weld SOU 10 MONS W ONOO D 3W ND COWLS ON O3 MUM AVMNIN. 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Aw I 1:iSgdN^.4 SA k.t )Th• VOA lV id 1V1.31J-4031S .N0 *,tlliUMI! 41ViVil> ariYrl HOd SI Veld Stitt ,,p Mtt. ..4, v+.t' •mot'<',.t \, y1. �.., '` :z- �` �k.t tt j zu �� % «,� ,sue ?r-..- On`-�J- zAAt wr i +m .., ! 4 410 r t1'x1[r1:ia rt : aim MI9£ NOILAS NOISIAICEEMS SSBOH `NOtivalO3SG 0330 eio .Q3Al3t15t 7911i.0Y NY FiJ iM SNOUYItiYn 803 A tili9dn ON S3Pinssv ANYrl OO 31.LLL 3141'ONV9 3Nl ONLIV001 Ni ONIISISSY d0 3SQdtind 3Nl uod XMOS And SiNi Sat iStwarti .ANYd riOD MILL Win N iaLSY3Fl1 10S. Nati rr arelr+ wit Page 41 of 86 6-1 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE October 6, 2011 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Change Order #1 for the Bartlett Street and 4th North Street Improvements After the bids were awarded, concerns were raised by several individuals about the possible conflicts between construction on 4th North and traffic trying to access HMK Elementary School. A desire was expressed to postpone the work until after school goes on break for the summer in June of 2012. At the same time, the Contractor expressed concerns about long term weather forecasts that indicate the potential for an early onset of colder weather than that conducive for paving. Based on the street closure and weather considerations, it appears that it will be mutually beneficial for the City and the Contractor to postpone work on this project until the spring of 2012. Work on the Bartlett Street section may commence in May of 2012 or earlier with written permission from the Public Works Director. Work on the 4th North portion that does not necessitate road closure may also commence in May. No road closures on the 4th North section will be allowed until after school is out of session for the summer without written permission from the Public Works Director. The Contractor is responsible for public notifications for affected parties prior to partial or complete street closures per the requirements of the contract documents. This is a time change order only. The Contractor agrees to honor the unit prices in the Bid Schedule submitted on September 9, 2011. I believe that it is in the best interest of the City, and it is my recommendation to execute Change Order #1 for the Bartlett Street and 4th North Street Improvements as submitted. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 45 of 86 CI TY OF M OAB CHANGE ORDER PROJECT: Bartlett Street and 4th North CHANGE ORDER # : 1 Street Improvements DATE: October 3, 2011 TO (CONTRACTOR): Legrand Johnson Const. Co. OWNER: City of Moab Contractor: you are directed to make the following changes in the work. All other terms and conditions of the Contract not expressly modified hereby shall remain in full force and effect. Item (Bid) Description Quantity Unit Unit Cost Total Cost Time Change Only Total Change in Contract $0.00 JUSTI FI CATI ON Due to street closure and weather considerations, the Owner and the Contractor have decided that it will be mutually beneficial to postpone work on this project until the spring of 2012. Work on the Bartlett Street section may commence in May of 2012 or earlier with written permission from the Public Works Director. Work on the 4th North portion that does not necessitate road closure may also commence in May. No road closures on the 4th North section will be allowed until after school is out of session for the summer without written permission from the Public Works Director. Contractor is responsible for public notifications for affected parties prior to partial or complete street closures per the requirements of the contract documents. Contractor agrees to honor the unit prices in the Bid Schedule submitted on September 9, 2011. This change order also revises contract to remove the $5 million automobile insurance requirement. See Exhibit A. The Original Contract Sum was $ 134,755.16 Net Change by previous Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 134,755.16 The Contract Sum will be increased by this Change Order $ 0.00 The new Contract Sum including this Change Order will be $ 134,755.16 The Contract Time will be adjusted as follows - Substantial Completion Date June 22, 2012 Final Completion Date June 29, 2012 City of Moab David L. Sakrison, Mayor Contractor Attest: Attest: Rachel Ellison, City Recorder Page 46 of 86 City of Moab — Construction Contract Project: Bartlett Street and 4th North Street Improvements 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. CC-8 Page 47 of 86 6-2 City of Moab Planning and Zoning Department Correspondence PL-11-226 October 3, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff </it Subject: Review and Approval of Pre -annexation Agreements for Red Rock Partners, Miller Financing Group (formerly, Intermountain Capital Group), and Stroble/Soltes, Three of the Private Properties in the South Area Annexation as Referred to Council by the Planning Commission Background The pre -annexation agreements for the properties were submitted to the Planning Commission for review and for a recommendation to Council on September 29, 2011. These three private properties are a part of the overall annexation of 470 acres adjacent to the southern Moab Municipal Boundary and consist of nearly 62 acres. The Commission favorably recommends the zoning and the agreements for approval. This review is required by Utah State Code and other agreements will follow in the meetings ahead. There are some notable sections in these three agreements that were not included in the agreement for HASU and Joe Kingsley. Because of the topographical challenges on the properties, the balance of the agreements contains language dealing with storm water runoff and appropriate management efforts by the developer/owners to mitigate impacts. Specifically, Sections 2.2-2.4 require the owner/developer to manage storm runoff and obtain the necessary permits. Also, as noted in previous conversations, the properties west of Hwy 191 have suffered erosion by wind and water and the properties east of the highway have had decades of material deposited within its boundaries. It has been a dumping ground for unwanted surplus soil and other materials as Moab and the county developed. AS a reminder, the complete annexation process is found in Moab Municipal Code Chapter 1.32 City Annexation Policies and Procedures. p:\planning department\\2UII\correspondence \pI-II-226 pc preannex agrees.docx Page 48 of 86 Red Rock Partners Page 49 of 86 6-3 PRE -ANNEXATION —AGREEMENT Red Rock Partners City of Moab, Utah THIS AGREEMENT is made and entered into this day of , 2011, between the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, and Red Rock Partners, ("Owners"): RECITALS: A. Red Rock Partners, LLC, own certain parcels of real property situated in Grand County, Utah consisting of a total 15.2 acres, more or less, more particularly described on attached Exhibit A ("Property") and as depicted on the Official Annexation Map attached as Exhibit B. B. Owners have retained Michael H. Bynum of Business Resolutions at 7000 Walkabout Ranch Road, Moab, UT 84532, as agent/manager to represent them in matters concerning the annexation and development of the property. C. Owner's agent has retained Tom Stevens of the Steven Group, Inc. (Consultants) with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623 to submit and pursue the annexation of said Property into the City of Moab and has joined in and consented to the Annexation Petition. D. The Property is located in an unincorporated area of Grand County, Utah. Owners intend to develop the Property in accordance with City of Moab regulations. E. Owners have submitted a petition for annexation ("Annexation Petition") seeking to annex the Property into the City of Moab on terms and conditions mutually agreeable and acceptable to Owners. F. In connection with the Annexation of the Property, Owner seeks to design, develop, construct and operate the Property as a mixed use residential and commercial community, consisting of: (a) deed restricted affordable housing (b) residential lots and structures; (c) commercial lots and structures and (e) infrastructure, which development will generally occur consistent with the uses and arrangements described and depicted in the Moab Municipal Code. G. Owners intend to agree to the Annexation of Property into City limits according to the terms and conditions of this agreement and Moab City Code. H. The City of Moab Planning Commission and the Moab City Council, being fully advised as to the situation and having considered the matters at duly noticed public 1 Page 50 of 86 1.1 meetings, have concluded that it is in the best interests of the City of Moab to enter into this Agreement and have made all necessary findings of fact and conclusions of law in support thereof. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, Owners and the City of Moab agree as follows: SECTION ONE CITY WATER AND SEWER SERVICES The parties agree that said Property is currently within the boundaries of the Spanish Valley Water and Sewer Improvement District. The parties agree that water and sewer services will be provided by said District before and after annexation of the Property into City limits. The City hereby assumes no responsibility or liability for the provision of water and sewer service, or the maintenance of the water and sewer system servicing the Property. SECTION TWO OTHER AGREEMENTS 2.1 Owners agree to develop the Property in accordance with a future development plan as submitted subsequent to the annexation and approved by the City. Said development plan shall be followed with all conditions of approval as may be identified by the Moab Planning Commission. 2.2 In order for development plans to be approved, appropriate measures must be taken to address storm water drainage during and after construction. The property owner/developer shall use City of Moab standards when developing storm water management plans. If a development will be discharging into a Grand County storm water management facility or structure, the more stringent of City of Moab and Grand County storm water management standards shall apply. 2.3 Construction activities that disturb one or more acres of land must be authorized under the Utah Pollutant Discharge Elimination System (UPDES) General Permit for Construction Activities. Construction documents shall include appropriate Best Management Practices. A Storm Water Pollution Prevention Plan shall be prepared, approved, kept on the construction site at all times, and fully adhered to during the construction process per the requirements of the UPDES General Permit for Construction Activities. 2.4 All development shall incorporate storm water management plans designed to manage and control water discharges at or below historic levels and safely convey storm water flow 2 Page 51 of 86 from Moab Rim through the property. All onsite storm water management facilities shall be privately owned and maintained. SECTION THREE ANNEXATION 3.1 Owners and its successors, grantees and assigns irrevocably consent to and petition for annexation of the Property and release any right of protest or opposition to any future annexation of the Property, or any portion thereof, pursuant to the terms of this Agreement. Contemporaneous with the signing of this agreement, Owners agrees to submit a petition for annexation to the City. 3.2 The City agrees to initiate annexation proceedings for the Property at such time the Property meets all legal requirements for annexation. At such time, Owners agrees to execute any supplemental documents necessary to give effect to this Agreement and facilitate the lawful annexation of the Property. The parties agree that the ultimate decision to annex shall rest in the discretion of the City Council. At such time as an annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be subject to all responsibilities, applicable generally to other persons and Property within the City municipal limits, e.g., sales taxation, police protection, code enforcement and the like, except that water and sewer services shall be supplied as provided in this Agreement. 3.3 Upon annexation, Owners agree to dedicate any public roads within the Project and on the Property to the City of Moab. Said dedication shall be in the form of a special warranty deed. 3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the provisions of the zoning district approved for the Property upon annexation, including compliance with all use restrictions of the zone as generally applied to other Property within the same zoning district. 3.5 Upon annexation, Owners agree that the Property will be subject to review and approval of flood elevation data and that any development contemplated after annexation shall be required to meet National Flood Plain Insurance Program rules for such development. 3.6 Contemporaneous with the execution of this Agreement, Owners agrees to execute a restrictive covenant in the form contained in Exhibit D, which covenant shall bind the property and inform all successors and assigns that the property is subject to annexation when legally feasible. The covenant shall be recorded in the Grand County land records. 3.7 The effectiveness of this agreement is contingent upon the designation of the property under C-4 General Commercial Zoning as established in Moab Municipal Code Chapter 17.27. Moreover, the effectiveness of this agreement is contingent upon the Owners' receiving subsequent approval from the City for a Master Planned Development that includes the components as described in Recital F, herein. 3 Page 52 of 86 6-3 SECTION FOUR GENERAL. PROVISIONS 4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Project and Property. The Agreement may be transferred, provided that Owners shall obtain an assumption by the transferee of future commercial development obligations under this Agreement, and Owners shall be released from any further obligations under this Agreement as to the parcel so transferred. 4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement shall not be modified or amended except in writing, mutually agreed to and accepted by both parties. 4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement, and whether or not an action has actually commenced, the prevailing party shall be entitled to receive from the other party reimbursement for all attorney's fees and all costs and expenses. 4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Owners' Agent: Mike Bynum Business Resolutions 7000 Walkabout Ranch Road Moab, Utah 84532 Owners' Consultant: Tom Stevens 4 Page 53 of 86 6-3 The Stevens Group, Inc. 0155 Maroon Mesa Road Carbondale, CO 81623 4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Utah. 4.7 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) the Project is a private development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) Owners shall have full power and exclusive control of the Property, subject to the conditions of this Agreement. 4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator shall be selected in accordance with the mediation rules of the American Arbitration Association. 4.9 If any provision of this Agreement, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 4.10 In the event of any protest or similar legal or administrative challenge to any annexation under this Agreement, Owners shall cooperate with the City in providing necessary information or testimony to support the annexation. 4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject to all legal obligations to the same extent as all other City of Moab residents, except as is provided otherwise by the express terms of this agreement. 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 Owners, as of the date(s) specified below. CITY OF MOAB Mayor David L. Sakrison Date ATTEST: 5 Page 54 of 86 Rachel Ellison City Recorder Mike Bynum for Red Rock Partners: By Date State of Utah County of Grand On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County SCHEDULE OF EXHIBITS Exhibit A - Legal Description of the Property Exhibit B - Official Annexation Map Exhibit C- Not Applicable Exhibit D- Restrictive Covenant Form j:\annexation\south area annexation\preannexation agreements\red rock partners \pre -annex for rr p update.docx 5 Page 55 of 86 6-3 RED ROCK PARTNERS LOTS 41, 42, 43, 56 AND 65, SECTION 17, T 26 S, R 22 E, SLB&M LESS THE FOLLOWING: A PARCEL OF LAND WITHIN THE NW IA NW IA OF SECTION 17, T 26 S, R 22 E, SLB&M, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 17, SAID POINT BEARS S 89° 52' 00" E 658.7 FT. FROM THE NORTHWEST CORNER OF SECTION 17, T 26 S, R 22 E, SLB&M, AND PROCEEDING THENCE WITH SAID LINE S 89° 52' 00" E 250.4 FT, THENCE SOUTH 15.6 FT. TO A FENCE, THENCE WITH SAID FENCE N 89° 07' 29" W 122.9 FT., THENCE WITH A FENCE N 88° 19' 25" W 127.6 FT. THENCE NORTH 10.0 FT. TO THE POINT OF BEGINNING. Page 56 of 86 6-3 EXHIBIT A Red Rock Partners (Formerly Willey) LOT 47, SECTION 17, T 26 S, R 22 E, SLB&M Page 57 of 86 6-3 i WHEN RECORDED MAIL TO: City of Moab 115 West 200 South Moab, Utah 84532 EXHIBIT D RESTRICTIVE COVENANT FOR ANNEXATION WHEREAS, Red Rock Partners, ("Declarant"),is the owner of certain lands, more particularly described in Attachment A, which property is located in the unincorporated area of Grand County, Utah. WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre - Annexation Agreement providing for the annexation of said Property. NOW THEREFORE, the Declarant, and the City stipulate and agree as follows: 1. All of the property described in Attachment A is subject to a Pre -Annexation Agreement with the City of Moab. 2. Declarant, its successors, and assigns, irrevocably consents to annexation and waives protest of annexation for the lands described herein consistent with the terms of the Pre -Annexation Agreement. Declarant shall execute supplementary documents, including an annexation petition as provided in the Pre -Annexation Agreement. 3. Except as provided in the pre -annexation agreement, the City shall provide municipal services to the Property. 4. Annexation shall be committed to the discretion of the City and may only occur in conformity with the provisions of state law. 5. This covenant shall not be construed to obligate the City to appropriate funds or otherwise engage in capital facilities contraction. The decision to extend, replace, enlarge, or otherwise construct capital facilities shall be committed to the sole discretion of the City. 6. In the event that Declarant should fail or refuse to execute necessary documents, or otherwise cooperate in annexation as provided herein, the City may specifically enforce this covenant in a court of competent jurisdiction. In any legal proceeding to enforce this covenant the prevailing partyC-ty-shall be entitled to recover its reasonable attorney fees and court costs. RESTRICTIVE COVENANT FOR ANNEXATION Page 59 of 86 Page 2 7. The covenant shall attach to, and run with the lands described, and shall bind any grantees or successors in interest. This covenant shall terminate automatically upon the completion of annexation for all of the lands described herein. Approved and accepted on the date set forth below. Declarants: Mike Bynum for Red Rock Partners By: Date: STATE OF COUNTY OF ) )§ ) Subscribed to and acknowledged before me by , this day of , 2011. Witness my hand and official seal. My commission expires: By: Date: STATE OF COUNTY OF ) )§ ) Subscribed to and acknowledged before me by , this day of 2011. Witness my hand and official seal. My commission expires: Page 60 of 86 City of Moab: By: Mayor David L. Sakrison Attest: By: Rachel Ellison, City Recorder j:\annexation\south area annexation\south covenant forms \red rock partners.docx Page 61 of 86 Miller Funding Group, LLC Page 62 of 86 6-4 PRE -ANNEXATION AGREEMENT Miller Funding Group LLC (Formerly Intermountain Capital Group LLC) City of Moab, Utah THIS AGREEMENT is made and entered into this _ day of , 2011, between the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, and Miller Funding Group (formerly Intermountain Capital Group), ("Owners"): RECITALS: A. Miller Funding group, LLC (formerly Intermountain Capital Group, LLC), owns certain parcels of real property situated in Grand County, Utah consisting of a total 9.024 acres, more or less, and more particularly described on attached Exhibit A ("Property") and as depicted on the Official Annexation Map attached as Exhibit B. B. Owners have retained Michael H. Bynum of Business Resolutions at 7000 Walkabout Ranch Road, Moab, UT 84532, as agent/manager to represent them in matters concerning the annexation and development of the property. C. Owner's agent has retained Tom Stevens of the Steven Group, Inc. (Consultants) with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623 to submit and pursue the annexation of said Property into the City of Moab and has joined in and consented to the Annexation Petition. D. The Property is located in an unincorporated area of Grand County, Utah. Owners intend to develop the Property in accordance with City of Moab regulations. E. Owners have submitted a petition for annexation ("Annexation Petition") seeking to annex the Property into the City of Moab on terms and conditions mutually agreeable and acceptable to Owners. F. In connection with the Annexation of the Property, Owner seeks to design, develop, construct and operate the Property, in tandem with adjacent properties, as a mixed use residential and commercial community, consisting of: (a) deed restricted affordable housing (b) residential lots and structures; (c) commercial lots and structures and (e) infrastructure, which development will generally occur consistent with the uses and arrangements described and depicted in the Moab Municipal Code. G. Owners intend to agree to the Annexation of Property into City limits according to the terms and conditions of this agreement and Moab City Code. H. The City of Moab Planning Commission and the Moab City Council, being fully 1 Page 63 of 86 1.1 advised as to the situation and having considered the matters at duly noticed public meetings, have concluded that it is in the best interests of the City of Moab to enter into this Agreement anc have made all necessary findings of fact and conclusions of law in support thereof. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, Owners and the City of Moab agree as follows: SECTION ONE WATER AND SEWER SERVICES The parties agree that said Property is currently within the boundaries of the Grand Water and Sewer Service Agency (GWSSA). The parties agree that water and sewer services will be provided by said Agency before and after annexation of the Property into City limits. The City hereby assumes no responsibility or liability for the provision of water and sewer service, or the maintenance of the water and sewer system servicing the Property. SECTION TWO OTHER AGREEMENTS 2.1 Owners agree to develop the Property in accordance with a proposed development plan as submitted in the future and approved by the City. Said development plan shall be followed with all conditions of approval as may be identified by the Moab Planning Commission. 2.2 In order for development plans to be approved, appropriate measures must be taken to address storm water drainage during and after construction. The property owner/developer shall use City of Moab standards when developing storm water management plans. If a development will be discharging into a Grand County storm water management facility or structure, the more stringent of City of Moab and Grand County storm water management standards shall apply. 2.3 Construction activities that disturb one or more acres of land must be authorized under the Utah Pollutant Discharge Elimination System (UPDES) General Permit for Construction Activities. Construction documents shall include appropriate Best Management Practices. A Storm Water Pollution Prevention Plan shall be prepared, approved, kept on the construction site at all times, and fully adhered to during the construction process per the requirements of the UPDES General Permit for Construction Activities. 2.4 All development shall incorporate storm water management plans designed to manage and control water discharges at or below historic levels and safely convey storm water flow 2 Page 64 of 86 6-4 from Moab Rim through the property. All onsite storm water management facilities shall be privately owned and maintained. SECTION THREE ANNEXATION 3.1 Owners and its successors, grantees and assigns irrevocably consent to and petition for annexation of the Property and release any right of protest or opposition to any future annexation of the Property, or any portion thereof, pursuant to the terms of this Agreement. Contemporaneous with the signing of this agreement, Owners agrees to submit a petition for annexation to the City. 3.2 The City agrees to initiate annexation proceedings for the Property at such time the Property meets all legal requirements for annexation. At such time, Owners agrees to execute any supplemental documents necessary to give effect to this Agreement and facilitate the lawful annexation of the Property. The parties agree that the ultimate decision to annex shall rest in the discretion of the City Council. At such time as an annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be subject to all responsibilities, applicable generally to other persons and Property within the City municipal limits, e.g., sales taxation, police protection, code enforcement and the like, except that water and sewer services shall be supplied as provided in this Agreement. 3.3 Upon annexation, Owners agree to dedicate any public roads within the Project and on the Property to the City of Moab. Said dedication shall be in the form of a special warranty deed. 3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the provisions of the zoning district approved for the Property upon annexation, including compliance with all use restrictions of the zone as generally applied to other Property within the same zoning district. 3.5 Upon annexation, Owners agree that the Property will be subject to review and approval of flood elevation data and that any development contemplated after annexation shall be required to meet National Flood Plain Insurance Program rules for such development. 3.6 Contemporaneous with the execution of this Agreement, Owners agrees to execute a restrictive covenant in the form contained in Exhibit D, which covenant shall bind the property and inform all successors and assigns that the property is subject to annexation when legally feasible. The covenant shall be recorded in the Grand County land records. 3.7 The effectiveness of this agreement is contingent upon the designation of the property under C-4 General Commercial Zoning as established in Moab Municipal Code Chapter 17.27. Moreover, the effectiveness of this agreement is contingent upon the Owners' receiving subsequent approval from the City for a Master Planned Development that includes the components as described in Recital F, herein. 3 Page 65 of 86 SECTION FOUR GENERAL FROVISIONNS 4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Project and Property. The Agreement may be transferred, provided that Owners shall obtain an assumption by the transferee of future commercial development obligations under this Agreement, and Owners shall be released from any further obligations under this Agreement as to the parcel so transferred. 4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement shall not be modified or amended except in writing, mutually agreed to and accepted by both parties. 4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement, and whether or not an action has actually commenced, the prevailing party shall be entitled to receive from the other party reimbursement for all attorney's fees and all costs and expenses. 4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Owners' Agent: Mike Bynum Business Resolutions 7000 Walkabout Ranch Road Moab, Utah 84532 Owners' Consultant: Tom Stevens 4 Page 66 of 86 The Stevens Group, Inc. 0155 Maroon Mesa Road Carbondale, CO 81623 4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Utah. 4.7 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) the Project is a private development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) Owners shall have full power and exclusive control of the Property, subject to the conditions of this Agreement. 4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator shall be selected in accordance with the mediation rules of the American Arbitration Association. 4.9 If any provision of this Agreement, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 4.10 In the event of any protest or similar legal or administrative challenge to any annexation under this Agreement, Owners shall cooperate with the City in providing necessary information or testimony to support the annexation. 4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject to all legal obligations to the same extent as all other City of Moab residents, except as is provided otherwise by the express terms of this agreement. 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 Owners, as of the date(s) specified below. CITY OF MOAB Mayor David L. Sakrison Date ATTEST: 5 Page 67 of 86 6-4 Rachel Ellison City Recorder Mike Bynum for Miller Financing Group, LLC (formerly Intermountain Capital Group, LLC): By State of Utah County of Grand Date On the day of , personally appeared before me who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County SCHEDULE OF EXHIBITS Exhibit A - Legal Description of the Property Exhibit B - Official Annexation Map Exhibit C- Not Applicable Exhibit D- Restrictive Covenant Form jAannexation\south area annexation \preannexation agreements \ intermountain \preannex 5-15-11.daex b Page 68 of 86 INTERMOUNTAIN CAPITAL GROUP LLC LOTS 45, 46 AND 55 SECTION 17, T 26 S, R 22 E, SLB&M. Page 69 of 86 WHEN RECORDED MAIL TO: City of Moab 115-West 200 South Moab, Utah 84532 EXHIBIT D RESTRICTIVE COVENANT FOR ANNEXATION WHEREAS, Miller Funding Group, LLC (formerly Intermountain Capital Group, ("Declarant"),is the owner of certain lands, more particularly described in Attachment A, which property is located in the unincorporated area of Grand County, Utah. WHEREAS, Declarant and the City of Moab (the "City") have entered into a Pre - Annexation Agreement providing for the annexation of said Property. NOW THEREFORE, the Declarant, and the City stipulate and agree as follows: 1. All of the property described in Attachment A is subject to a Pre -Annexation Agreement with the City of Moab. 2. Declarant, its successors, and assigns, irrevocably consents to annexation and waives protest of annexation for the lands described herein consistent with the terms of the Pre -Annexation Agreement. Declarant shall execute supplementary documents, including an annexation petition as provided in the Pre -Annexation Agreement. 3. Except as provided in the pre -annexation agreement, the City shall provide municipal services to the Property. 4. Annexation shall be committed to the discretion of the City and may only occur in conformity with the provisions of state law. 5. This covenant shall not be construed to obligate the City to appropriate funds or otherwise engage in capital facilities contraction. The decision to extend, replace, enlarge, or otherwise construct capital facilities shall be committed to the sole discretion of the City. 6. In the event that Declarant should fail or refuse to execute necessary documents, or otherwise cooperate in annexation as provided herein, the City may specifically enforce this covenant in a court of competent jurisdiction. In any legal proceeding to enforce this covenant the City shall be entitled to recover its reasonable attorney fees and court costs. RESTRICTIVE COVENANT FOR ANNEXATION Page 70 of 86 6-4 Page 2 ?. The covenant shall attach to, and run with the lands described, and shall bind any grantees or successors in interest. This covenant shall terminate automatically upon the completion of annexation for all of the lands described herein. Approved and accepted on the date set forth below. Declarants: Mike Bynum for Miller Funding Group, LLC By: Date: Mike Bynum STATE OF ) )§ COUNTY OF ) Subscribed to and acknowledged before me by , this day of , 2011. Witness my hand and official seal. My commission expires: By: Date: City of Moab: By: Mayor David L. Sakrison Attest: By: Rachel Ellison, City Recorder j:\annexation\south area annexation \north area covenant form.docx Page 71 of 86 Strobel/Soltes Page 72 of 86 Pi E-.A__NNEXATioN AGREF.mENT Stroble and Soltes Property City of Moab, Utah THIS AGREEMENT is made and entered into this _ day of , 2011, between the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, and The William Ralph Stroble Living Trust and Harley M. Soltes ("Applicant"): RECITALS: A. Applicant owns a parcel of real property situated in Grand County, Utah consisting of 37.35 acres, more or less. The parcel is more particularly described in Exhibit A hereto and is depicted on the Official Annexation Map attached as Exhibit B hereto. The parcel is referred to herein as "the Property". B. Applicant proposes to develop the Property with a commercial development. A Development Plan has not been created because Applicant does not have a developer at this time. C. The Property is located in an unincorporated area of Grand County, Utah. Applicant intends to develop its property in accordance with City of Moab regulations. D. Applicant intends to agree to the annexation of the Property into City limits according to the terms and conditions of this agreement and Moab City Code. E. The City of Moab Planning Commission and the Moab City Council, being fully advised as to the situation and having considered the matters at duly noticed public meetings, have concluded that it is in the best interests of the City of Moab to enter into this Agreement and have made all necessary findings of fact and conclusions of law in support thereof. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable consideration, Applicant and the City of Moab agree as follows: 1.1 SECTION ONE WATER AND SEWER SERVICES The parties agree that the Property is currently within the boundaries of the Spanish Valley Water and Sewer Improvement District. The parties agree that water and sewer services will be provided by said District before and after annexation of the Property into City limits. The City hereby assumes no responsibility or liability for the provision of water and sewer service, or the maintenance of the water and sewer system servicing the Property. SECTION TWO 1 Page 73 of 86 6-5 OTHER AGREEMENTS 2.1 Applicant agrees to develop the Property in accordance with a future development plan as submitted in the future and approved by the City. Said development plan shall be followed with all conditions of approval as may be identified by the Moab Planning Commission. 2.2 In order for development plans to be approved, appropriate measures must be taken to address storm water drainage during and after construction. The property owner/developer shall use City of Moab standards when developing storm water management plans. If a development will be discharging into a Grand County storm water management facility or structure, the more stringent of City of Moab and Grand County storm water management standards shall apply. 2.3 Construction activities that disturb one or more acres of land must be authorized under the Utah Pollutant Discharge Elimination System (UPDES) General Permit for Construction Activities. Construction documents shall include appropriate Best Management Practices. A Storm Water Pollution Prevention Plan shall be prepared, approved, kept on the construction site at all times, and fully adhered to during the construction process per the requirements of the UPDES General Permit for Construction Activities. 2.4 All development shall incorporate storm water management plans designed to manage and control water discharges at or below historic levels and safely convey storm water flow from Moab Rim through the property. All onsite storm water management facilities shall be privately owned and maintained. SECTION THREE ANNEXATION 3.1 Applicant and its successors, grantees and assigns irrevocably consent to and petition for annexation of the Property and release any right of protest or opposition to any future annexation of the Property, or any portion thereof, pursuant to the terms of this Agreement. Contemporaneous with the signing of this agreement, Applicant agrees to submit a petition for annexation to the City. 3.2 The City agrees to initiate annexation proceedings for the Property at such time the Property meets all legal requirements for annexation. At such time, Applicant agrees to execute any supplemental documents necessary to give effect to this Agreement and facilitate the lawful annexation of the Property. The parties agree that the ultimate 2 Page 74 of 86 decision to annex shall rest in the discretion of the City Council. At such time as an annexation ordinance is adopted, the Property shall be entitled to all rights, and shall be subject to all responsibilities, applicable generally to other persons and properties within the City municipal limits, e.g., sales taxation, police protection, code enforcement and the like, except that water and sewer services shall be supplied as provided in this Agreement. 3.3 Upon annexation, Applicant agrees to dedicate any public roads within the Project and on the Property to the City of Moab. Said dedication shall be in the form of a warranty deed. 3.4 Upon annexation, the parties expressly agree that the Property shall be subject to the provisions of the zoning district approved for the Property upon annexation, including compliance with all use restrictions of the zone as generally applied to other properties within the same zoning district. 3.5 Upon annexation, Applicant agrees that the Property will be subject to review and approval of flood elevation data and that any development contemplated after annexation shall be required to meet National Flood Plain Insurance Program rules for such development. 3.6 Contemporaneous with the execution of this Agreement, Applicant agrees to execute a restrictive covenant in the form contained in Exhibit D, which covenant shall bind the property and inform all successors and assigns that the property is subject to annexation when legally feasible. The covenant shall be recorded in the Grand County land records. 3.7 Applicant's preferred zoning for the property is C-4 (General Commercial Zone) as established in Moab Municipal Code Section 17.27. SECTION FOUR GENERAL PROVISIONS 4.1 This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Project and Property. The Agreement may be transferred, provided that Applicant shall obtain an assumption by the transferee of future commercial development obligations under this Agreement, and Applicant shall be released from any further obligations under this Agreement as to the parcel so transferred. 4.2 Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 4.3 This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement shall not be modified or amended except in writing, mutually agreed to and accepted by both parties. 3 Page 75 of 86 6-5 4.4 Should any party hereto employ an attorney for the purpose of enforcing this Agreement, and whether or not an action has actually commenced, the prevailing party shall be entitled to receive from the other party reimbursement for all attorney's fees and all costs and expenses. 4.5 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Applicant(s): Ralph Stroble 12786 FM 346 W Bullard, TX 75757 and Harley Soltes 12691 Linvog Road Kingston, Washington 98346 4.6 This Agreement is entered into pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Utah. 4.7 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) the Project is a private development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless the City accepts the improvements pursuant to this Agreement; and (c) Applicant shall have full power and exclusive control of the Property, subject to the conditions of this Agreement. 4.8 Any default, dispute, difference or disagreement hereunder shall be referred to a single mediator agreed upon by the parties, or if no mediator can be agreed upon, a mediator shall be selected in accordance with the mediation rules of the American Arbitration Association. 4.9 If any provision of this Agreement, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of Page 76 of f4 such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 4.10 In the event of any protest or similar legal or administrative challenge to any annexation under this Agreement, Applicant shall cooperate with the City in providing necessary information or testimony to support the annexation. 4.11 Upon annexation, the Property shall be entitled to all rights and benefits, and be subject to all legal obligations to the same extent as all other City of Moab residents, except as is provided otherwise by the express terms of this agreement. 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 Applicant, as of the date(s) specified below. CITY OF MOAB Mayor David L. Sakrison Date ATTEST: Rachel Ellison City Recorder Ralph R. Stroble Harley Soltes, POA Date GI_ 1 2.0) zo ( ( Date 5 Page 77 of 86 STATE OF WASHINGTON COUNTY OF KITSAP I CERTIFY WHAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT sc, IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (HE/SHE) SIGNED THIS INSTRUMENT AND ACKNOWLEDGED TO BE (HIS/HER) FREE AND VOLUNTARYACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. Notary Public State of Washington Caroline L. Hope Commission Expires 7-16-2014 (SIGNA� TTURE�, (TITLE) MY APPOINTMENT EXPIRES li q )-0 1 `f Page 78 of 86 6-5 State of Utah County of Grand ) § ) On the day of , personally appeared before me the same. My Commission Expires: State of Utah County of Grand ) § ) , who duly acknowledged to me that they executed Notary Public Residing in: Grand County On the day of , personally appeared before me the same. , who duly acknowledged to me that they executed Notary Public My Commission Expires: Residing in: Grand County 6 Page 79 of 86 6-5 SCHEDULE OF EXHIBITS Exhibit A - Legal Description of the Property Exhibit B - Official Annexation Map Exhibit C- Not Applicable Exhibit D- Restrictive Covenant Form j:\annexation\south area annexation \strobel-soltes\strobel8soltes pre annex.docx 7 Page 80 of 86 Exhibit A STROBLE-SOLTES LOTS 5, 63 AND 64 SECTION 17, T 26 S, R 22 E, SLB&M Page 81 of 86 6-5 a Lk rt 'i$ 1X1= P s "iqr' ey{gs XR e. i'\►\►\►\sI E _' R R r !@►�! Y e. a !\3 �L'h�iiiltz@tS��kir"\ "e g te.Rrq ►ng qX t 'r { i! 5 % k kr$!5i' ' Y I ;NAI/'IYXt ,a4pe°.!q''@R i;t piii 'A =I\tttttttt�@tiphly p� %11:t -ea 61X�! e�i�► =.SY of !ohm E, i! @ i 7�- ■■i"__�• 3 ► , ! 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WHEN RECORDED MAIL TO: City of Moab 115 West 200 South Moab, Utah 84532 EXHIBIT D RESTRICTIVE COVENANT FOR ANNEXATION WHEREAS, the Ralph Stroble Living Trust and Harley Soltes, ("Declarants"),are the owners of certain lands, more particularly described in Attachment A, which property is located in the unincorporated area of Grand County, Utah. WHEREAS, Declarants and the City of Moab (the "City") have entered into a Pre - Annexation Agreement providing for the annexation of said Property. NOW THEREFORE, the Declarants, and the City stipulate and agree as follows: 1. All of the property described in Attachment A is subject to a Pre -Annexation Agreement with the City of Moab. 2. Declarants, its successors, and assigns, irrevocably consents to annexation and waives protest of annexation for the lands described herein consistent with the terms of the Pre -Annexation Agreement. Declarants shall execute supplementary documents, including an annexation petition as provided in the Pre -Annexation Agreement. 3. Except as provided in the pre -annexation agreement, the City shall provide municipal services to the Property. 4. Annexation shall be committed to the discretion of the City and may only occur in conformity with the provisions of state law. 5. This covenant shall not be construed to obligate the City to appropriate funds or otherwise engage in capital facilities contraction. The decision to extend, replace, enlarge, or otherwise construct capital facilities shall be committed to the sole discretion of the City. 6. In the event that Declarants should fail or refuse to execute necessary documents, or otherwise cooperate in annexation as provided herein, the City may specifically enforce this covenant in a court of competent jurisdiction. In any legal proceeding to enforce this covenant the City shall be entitled to recover its reasonable attorney fees and court costs. RESTRICTIVE COVENANT FOR ANNEXATION Page 83 of 86 6-5 Page 2 of 3 7. The covenant shall attach to, and run with the lands described, and shall bind any grantees or successors in interest. This covenant shall terminate automatically upon the completion of annexation for all of the lands described herein. Approved and accepted on the date set forth below. Declarants: Ralph Stroble for the Ralph Stroble Living Trust By: Date: Ralph Stroble STATE OF COUNTY OF )§ Subscribed to and acknowledged before me by , this day of , 2011. Witness my hand and official seal. My commission expires: Harley Soltes, POA By: � i► Date: 6_ 7-0 2-0 (.( Harley Soltes STATE OF �1 ) COUNTY OF 9� -k - ) § 1 Subscribed to and acknowledged before me by , this 1-1-\day of , 2011. Witness my hand and official seal. My commission expires: Notary Public State of Washington Caroline L. dope Commission Expires 7-16-2014 Page 84 of 86 6-5 My commission expires: Harley Soltes, POA Page 2 of 3 7. The covenant shall attach to, and run with the lands described, and shall bind any grantees or successors in interest. This covenant shall terminate automatically upon the completion of annexation for all of the lands described herein. Approved and accepted on the date set forth below. Declarants: William Ralph Stroble for the William Ralph Stroble Living Trust By: dat.40.7,--7 Date: % - 7 - // William Ralph Se STATE OF \ e=< ) )§ COUNTY OF Ste.: � ) of 3ubscribed to and acknowledged before me by1.i\�‘sart.- \�\,, StrolnAgthis --` day .) \ 1 , 2011. Witness my hand and official seal. ,, FAYE L DOTSON � v-� c MY COMMISSION EXPIRES January 30, 2012 1e 0. BY: Date: Harley Soltes STATE OF ) )§ COUNTY OF ) Subscribed to and acknowledged before me by , 2011. Witness my hand and official seal. My commission expires: ,this day of Page 85 of 86 6-5 Page 3 of 3 City of Moab: By: Mayor David L. Salcrison Attest: By: Rachel Ellison, City Recorder jAannexation\south area annexation\south covenant forms\stroble-soltes.docx Page 86 of 86 City of Moab Staff Intensive Projects for 2011-2012 Only (more than 40 hours to complete) Task Name Priority Timeframe Lead Department Internal/ Consultant/ Participant Dependency Notes _ General Plan Update 1 FY 2011/12 Planning Consultant None Scope and Prepare RFQ Water Conservation Plan 1 Needs to be complete by 11/2011 Admin Internal None Update to Plan needs to be complete by November and then submitted to state by December. Requires intensive data collection and analysis. Implement Water Rate Increase 1 2011 Admin Internal None City Council approved rate increase in budget. This needs to be developed and implemented. Design and Construction of Rotary Park Expansion 1 Begin Construction in December 2011 Community Development Internal None Design, construction of new rest rooms and parking for Rotary Park Public Facilities Analysis Review (PFAR) - Final will refer to the other studies including the Water Master Plan and the WWTP Facilities Master Plan 1 Water/ Sewer by Jan 2012 Other later Public Works Int/Consultant None This plan includes an analysis for Parks, Roads, buildings, Public Works, Police, Water, and Sewer. Water and Sewer will need to be done in 2011 in order to complete the impact fee review and rate study. Impact Fee Review 1 FY 2011/12 Public Works Int/Consultant PFAR Done by end of FY 2011/2012. Need water tanks and treatment Plant information. WWTP Facilities Master Plan 1 Ongoing hope to finish by Fall 2011 Public Works Int/Consultant None Need to coordinate with GWSSA/SITLA/San Juan. Negotiations and discussion will happen in coordination with the Agreement, but the outcome of the agreement will not be part of the plan. GWSSA/SITLA/San Juan Agreement 1 FY 2011/12 Admin Internal WWTPFP/ SSMP Develop framework for financial and working relationship. Develop sufficient information for WWTP and SSMP for discussion. WWTP Preliminary Plan 1 Begin in 2012 Administration Engineering Public Works Internal/Consult ant Master Plan and GWSSA Agreement Begin design for W WTP Upgrade and begin pursuing funding options South Area Annexation 1 In Progress/ Complete by January 2012 Planning Admin Recorder Internal Pre -annexation Agreements Coordinate with Property owners, Planning Commission for pre -annexation agreements and site plans, work through City Council petition and approval process Water Master Plan 1 Water Tanks by Fall 2011 Engineering Internal GIS Mapping Water tank review needs to be done in 2011 to send to Consultant for PFAR. Additional information will need GIS Mapping to complete and will be done in FY 2012/2013. Revisions to Vendor/Solicitor Code 1 Begin in December 2011 Recorder/Adm in Internal Moved -on Structure Code Code sections to be revised to reflect moved-ons structure changes, background check requirements and other issues North Area Sewer and Water Plan 1 Begin in 2011 Engineering Int/Consultant ANAWSFS Construction drawings for the extension of water and sewer services for north end property owners. CoordinateNeeds to be ready to accept Lions Park Design/Development Standards 1 FY 2011/12 PW/ENG Internal Several Determine format for design and construction standards. Incorporate into code and verify compliance with all applicable statutes. Incorporate current undocumented practices. Strengthen developer responsibilities. Dependent on the General Plan, Affordable Housing Plan, Sustainability Plan, and Water Conservation Plan. Fog Ordinance. Affordable Housing Plan Code Revisions 1 Ongoing Planning Commission Internal None Ordinance revisions will be ongoing until barriers are sufficiently addressed. Sustainability Plan 1 Ongoing PW/ENG and Council Committee Internal General Plan Need to look at standards for implementation of sustainability goals. City Council to develop committee to address this issue as a City. Water Conservation Plan 1 Needs to be complete by 11/11 Admin Internal None Update to Plan needs to be complete by November and then submitted to state by December. Requires intensive data collection and analysis Water Conservation Rate Structure 1 PW/Admin Internal None Develop rate structure, engage in public information and input, Dam Emergency Action Plans 1 FY 2011/12 PW/Admin Internal None Need to create a combined Emergency Action plan for Walker, Tusher, and White Dams with updated information. Trails Master Plan 1 Ongoing Community Development Trail Mix None Update to Trail Master Plan needs to be approved. Transfer of Aarchway Inn Frontage Road 1 Conclude by December 2011 Admin. Public Works and Engineering Internal None Coordinate with property owners, title company to develop warranty deeds and other documentation; seek approval of city council Page 1 City of Moab Staff Intensive Projects for 2011-2012 Only (more than 40 hours to complete) Task Name Priority Timeframe Lead Department Internal/ Consultant/ Participant Dependency Notes Negotiation of Improvements Agreement for Millcreek Subdivision 1 November 2011 Public Works Administration Internal None Develop improvements plan, cost estimates, financial assurance mechanisms Coordinate with USU for Regional Campus 1 Begin in 2011 Planning Engineering Public Works Admin Internal None Work with USU, UDOT, Federal Agency, GWSSACIB on design, infrastructure, site planning, financing, annexation for Regional Campus Revise Moved -on Structure Ordianance 1 In progress/top be submitted to CC by December Planning Admin Recorder Internal None Complete overhaul of moved -on structure code section Develop Parks Policy 1 In progress/to be submitted to CC by November Admin Public Works Recorder Internal None Formalization of new policy and fee structure Develop Business Resource Center 1 In progress Admin Internal None Coordinate with USU for start-up of new Center, incorporate BEAR program into offerings Mivida Bicycle Trail 1 In Progress Community developemtn Internal/Trail Mix Coordinate Easements and Construct Trail UDOT/Stewart Canyon Feasibility Study 1 Begin in November 2011 Engineering Int/Consultant None Coordinate with UDOT, TNC, Army Corps and land owners to address issues and determine feasibility. Lions Park Construction 2 Begin in 2012 Community Development Engineering Internal North Area Water Finalize design with state, put project to bid and coordinate construction Retroreflectivity Sign Replacement Program 2 FY 2011/12 Public Works Internal GIS Mapping (Minor level) Set up plan for managing the replacement of signs. Identify budget and strategy for replacement. Capital Projects Plan 2 Begin January 2012 Public Works Internal None Develop Plan for 2012 Develop Fats Oils and Grease (FOG) requirements 2 Begin in 2012 Public Works and Engineering Internal None Develop requirements and draft code amendments; coordinate with business owners Coordinate Service Provision Agreement among city and property owners for Lionsback/Couens properties 2 Begin in October 2011 Planning Engineering Public Works Admin Internal None Work with SITLA, Uonback Representatives, Cozzens, Petersons to develop water and sewer service provision for properties Coordinate Couens/Peterson Annexation 2 Begin in October 2011 Planning Engineering Public Works Admin Internal see above Coordinate all necessary steps, including pre - annexation agreements and site plan approval, for annexation Coordinate Design and Construction Drawings for SOO West Improvements Phase III 2 Begin in 2012/Construc tion in 2013 Engineering Public Works Administration Internal/Consult ant None Work with UDOT, Consultant and Property Owners to develop construction drawings and finalize rights of way Budget Opening 2 Begin in November 2011/Complet e by December Admin Internal None Work with departments in putting together mid -year budget opening Hwy 191 Bicycle Path 2 In Progress Admin Engineering Public Works Internal/UDOT None Coordinate with UDOT and property owners for construction of Path North Area Drainage Design and Financing 3 Begin in 2012 Planning Engineering Public Works Admin Internal/Consult ant Feasibility Study Coordinate design, financing and construction of North Area Stormwater Drainage Improvments Animal Shelter Solar Panel Project 3 Begin Project in 2012 Admin Engineering Public Works Internal/Consult ant If grant is obtained Design and install system at Animal Shelter Page 2