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HomeMy Public PortalAboutPKT-CC-2012-02-14CITY OF MOAB February 14, 201 2 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, February 14, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 None SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for February 2012 for Helen M. Knight School 4-2 Presentation by the Moab Community Action Coalition SECTION 5: CONSENT AGENDA 5-1 Approval of an Agreement Between the U.S. Department of Energy and the City of Moab for the Installation and Maintenance of Air Monitoring Equipment at the Moab UMTRA Project Site 5-2 Award of the Riversands Waterline Replacement Project 5-3 Approval of the Riversands Waterline Replacement Project Contract 5-4 Approval of an Application for the Special Use of City Parks for Moab Half Marathon, Inc, for March 16 and 17, 2012 SECTION 6: NEW BUSINESS 6-1 Confirmation of Mayoral Appointment of Statutory Appointees: a. Chief of Police — Mike NaVarre b. City Recorder/Assistant City Manager — Rachel E. Stenta c. CityTreasurer—Jennie Ross d. Public Works Director —Jeff Foster 6-2 Approval of Moved -on Structure Permit for American Expedition Vehicles to Conduct a Display of Jeeps and Jeep Accessories Located at 356 South Main Street on April 3 to April 6, 2012 6-3 Approval of Proposed Resolution #04-2012 — A Resolution Accepting the Public Improvements Constructed in Association with the Subdivision Known as "Mulberry Grove Planned Unit Development" and Authorizing the Release of the Performance Guaranty Associated with Said Improvements 6-4 Approval of a Plat Amendment for Mulberry Grove Planned Unit Development 6-5 Approval of a Class II Beer License Application for Randy Apadaca, d.b.a. The Broken Oar Restaurant 6-6 Approval of a Limited -Service Restaurant Liquor License Local Consent for Randy Apadaca, d.b.a. The Broken Oar Restaurant. 6-7 Approval of Proposed Resolution #05-2012 - A Resolution of the City of Moab Supporting Federal Action to Clarify the Limited Application of the Concept of Corporate Personhood as it Relates to Corporate Contributions to Political Campaigns and Causes 6-8 Approval of a Special Event Business License for Skinny Tire Festival to Conduct a Cycling Tour March 9-13, 2012 6-9 Approval of a Special Event Business License for Moonshadows in Moab to Conduct a Cycling Event May 5, 2012 6-10 Approval of a Special Event Business License for Moab Century Tour to Conduct a Road Cycling Tour September 21-23, 2012 6-11 Approval of a Pre -Annexation Agreement by and Among the City of Moab, School and Institutional Trust Lands Administration and Utah State University 6-12 Proposed Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab 6-13 Approval of a Fee Waiver for Moab Half Marathon of Use of Swanny City Park on March 16 and 17, 2012 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 or updates at: www.moabcity.org CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532.-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Mayor and City Council From: Donna Metzler Date: February 10, 2012 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W Smou Subject: Agreement for Installation and Maintenance of Air Monitoring Equipment for the Moab UMTRA Project Site The Agreement for the Installation of Maintenance of Air Monitoring Agreement is essentially a renewal of an agreement that has been in place for some time. The United States Department of Energy has an air monitoring station at the city -owned waste water treatment plan. The electricity needed to operate the station is paid for by DOE. This station has caused the no problems in the past. I recommend approval of the agreement. ADM-MEM-12-02-004 First EPA Green Power) Communityin the Nation Page 1 of 104 Air Monitoring Agreement No. DE-R013-02GJ67279 License Number: REEMCBCDOE-07-12-0102 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY AGREEMENT FOR INSTALLATION AND MAINTENANCE OF AIR MONITORING EQUIPMENT — Moab UMTRA Project Site, Moab, UT THIS AGREEMENT, entered into by and between City of Moab hereinafter called GRANTOR, and THE UNITED STATES OF AMERICA, by and through the Department of Energy, under the authority of the Uranium Mills Tailings Remedial Action (UMTRA) hereinafter called the GRANTEE, WITNESSETH: GRANTOR, in consideration of no compensation ($0.00), and in consideration of the faithful performance by GRANTEE of all activities and conditions herein contained, hereby grants, consents and agrees to the installation, maintenance and use, and rights of ingress and egress to and from air monitoring station(s) and appurtenances. The interest granted herein shall be a right of use of the property for the purposes described herein. The air monitoring station(s)are located at the Moab Wastewater Plant, Moab, UT 84532, in Grand County, Utah, as shown on Exhibit A (map) which is attached and made a part hereof. The Air monitoring station(s) subject to this agreement is as follow(s): 0121. The air monitoring station(s) and appurtenances and all equipment and tools for maintenance and use thereof placed in or upon the described property shall remain the property of the GRANTEE and may be removed by the GRANTEE at its own cost and expense at any time during the life of this agreement. The equipment and appurtenances thereof shall be maintained by the GRANTEE in a good, safe, and workmanlike manner. GRANTEE will be solely responsible for the payment of electricity needed for operation of the air monitoring station equipment and will annually reimburse the GRANTOR in advance for estimated electrical cost. Increases in payment will be made as electrical costs warrant. Upon removal or relocation of the air monitoring station(s) and appurtenances, the GRANTEE shall restore the described property to as nearly as possible the same state and condition existing prior to the installation of the air monitoring station(s) and appurtenances. The GRANTEE agrees to cooperate to the extent allowed by law, in the submittal of all claims pursuant to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) for alleged loss, injuries, or damages, to persons or property arising from the acts of GRANTEE'S employees, acting within the scope of their employment, in the installation, use, maintenance, removal or relocation of the air monitoring station(s) and appurtenances. The GRANTEE shall cause its contractors and subcontractors who enter the property under this agreement to carry reasonable liability insurance covering risk of liability caused by any of their activities. Upon request, the GRANTEE'S contractors and subcontractors will provide the GRANTOR certificates evidencing insurance coverage. GRANTEE shall be responsible for any loss or destruction of, or damage to, the GRANTOR's real and Page 2 of 104 Air Monitoring Agreement No. DE-RO13-02GJ67279 License Number: REEMCBCDOE-07-12-0102 personal property caused by the activities of the GRANTEE in exercising any rights hereby granted in this agreement; PROVIDED, that such responsibility shall be limited to restoration of such real and personal property to a condition reasonably compared to its condition on the effective date of this agreement by techniques of backfilling, seeding, sodding, landscaping, repair or replacement, and such other methods as may be agreed to between the parties. SPECIAL CONDITIONS: This agreement shall become effective on the date executed by the GRANTEE and shall continue in full force and effect for _5__ year(s), unless earlier terminated by the GRANTEE upon 30 days written notice to the GRANTOR. Should the GRANTEE terminate this agreement or abandon the air monitoring station(s) in question, the GRANTEE's right of use shall revert to the GRANTOR. This agreement shall inure to the benefit of and be binding upon the successors, assigns, and transferees of the parties hereto. This agreement succeeds License Agreement: DE-R013-02GJ67279 aka REEMCBCDOE-07-07-0102. GRANTEE: UNITED STATES OFAMERICA DEPARTMENT OF ENERGY By: Date: GRANTOR: By: Date: Address: The Honorable Mayor, David L. Sakrison City of Moab 217 E Center Street Moab, UT 84532 Phone: (435) 259-7458 Page 3 of 104 Bar M Chuckwagon (background location) 0117-RN fr,-__- 0117-R P 0117-TLD Arches National Park Entrance 0118-RN 0118-R P 0118-TL❑ Moab Site 1 Private Property 0129-R N 0129-R P 0129-TLD 0128-RN % 0128-TLD 0127-R N 0127-TLD BLM Property Legend L Direct Gamma Monitoring Location ■ Radon Monitoring Location • Radioparticulate Monitoring Location = Highway --I-- Railroad River — Streets — Site Boundary Air1MOA_AM_20081610_00008-mxd (MM) Utah Division of Wildlife Resources (Matheson Wetlands Preserve) 0125-RN 0124-RN 0119-RN 0125-TLD 0124-TLD i0119-RP 0119-TLD Moab Wastewater Treatment Plant 0121-RN / 0121-R P 0121-TLD Portal RV Park 0120-R N 0120-R P 0120-TL ❑ Kane Creek Road �ckground location) � 0123-RN 0123-R P 0t23-TLD City of Moab 5 0.75 <46 Grand County Recycling Center 0122-RN 0122-RP 0122-TLD Miles 0 0.75 Its 11111� G 1.5 i Page 4 of 104 Air Monitoring Agreement No. DE-R013-02GJ67279 License Number: REEMCBCDOE-07-12-0102 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY AGREEMENT FOR INSTALLATION AND MAINTENANCE OF AIR MONITORING EQUIPMENT — Moab UMTRA Project Site, Moab, UT THIS AGREEMENT, entered into by and between City of Moab hereinafter called GRANTOR, and THE UNITED STATES OF AMERICA, by and through the Department of Energy, under the authority of the Uranium Mills Tailings Remedial Action (UMTRA) hereinafter called the GRANTEE, WITNESSETH: GRANTOR, in consideration of no compensation ($0.00), and in consideration of the faithful performance by GRANTEE of all activities and conditions herein contained, hereby grants, consents and agrees to the installation, maintenance and use, and rights of ingress and egress to and from air monitoring station(s) and appurtenances. The interest granted herein shall be a right of use of the property for the purposes described herein. The air monitoring station(s)are located at the Moab Wastewater Plant, Moab, UT 84532, in Grand County, Utah, as shown on Exhibit A (map) which is attached and made a part hereof. The Air monitoring station(s) subject to this agreement is as follow(s): 0121. The air monitoring station(s) and appurtenances and all equipment and tools for maintenance and use thereof placed in or upon the described property shall remain the property of the GRANTEE and may be removed by the GRANTEE at its own cost and expense at any time during the life of this agreement. The equipment and appurtenances thereof shall be maintained by the GRANTEE in a good, safe, and workmanlike manner. GRANTEE will be solely responsible for the payment of electricity needed for operation of the air monitoring station equipment and will annually reimburse the GRANTOR in advance for estimated electrical cost. Increases in payment will be made as electrical costs warrant. Upon removal or relocation of the air monitoring station(s) and appurtenances, the GRANTEE shall restore the described property to as nearly as possible the same state and condition existing prior to the installation of the air monitoring station(s) and appurtenances. The GRANTEE agrees to cooperate to the extent allowed by law, in the submittal of all claims pursuant to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) for alleged loss, injuries, or damages, to persons or property arising from the acts of GRANTEE'S employees, acting within the scope of their employment, in the installation, use, maintenance, removal or relocation of the air monitoring station(s) and appurtenances. The GRANTEE shall cause its contractors and subcontractors who enter the property under this agreement to carry reasonable liability insurance covering risk of liability caused by any of their activities. Upon request, the GRANTEE'S contractors and subcontractors will provide the GRANTOR certificates evidencing insurance coverage. GRANTEE shall be responsible for any loss or destruction of, or damage to, the GRANTOR's real and Page 5 of 104 Air Monitoring Agreement No. DE-RO13-02GJ67279 License Number: REEMCBCDOE-07-12-0102 personal property caused by the activities of the GRANTEE in exercising any rights hereby granted in this agreement; PROVIDED, that such responsibility shall be limited to restoration of such real and personal property to a condition reasonably compared to its condition on the effective date of this agreement by techniques of backfilling, seeding, sodding, landscaping, repair or replacement, and such other methods as may be agreed to between the parties. SPECIAL CONDITIONS: This agreement shall become effective on the date executed by the GRANTEE and shall continue in full force and effect for 5 year(s), unless earlier terminated by the GRANTEE upon 30 days written notice to the GRANTOR. Should the GRANTEE terminate this agreement or abandon the air monitoring station(s) in question, the GRANTEE's right of use shall revert to the GRANTOR. This agreement shall inure to the benefit of and be binding upon the successors, assigns, and transferees of the parties hereto. This agreement succeeds License Agreement: DE-R013-02GJ67279 aka REEMCBCDOE-07-07-0102. GRANTEE: UNITED STATES OF AMERICA DEPARTMENT OF ENERGY By: Date: GRANTOR: By: Date: Address: The Honorable Mayor, David L. Sakrison City of Moab 217 E Center Street Moab, UT 84532 Phone: (435) 259-7458 Page 6 of 104 Bar M Chuckwagon (background location) 0117-R N r� 0117-R P 0117-TLD Arches National Park Entrance 0118-RN 0118-R P 0118-TLD Moab Site Private Property 0128-RN 0128-TLD 0127-R N 0127-TLD Property Utah Division of Wildlife Resources (Matheson Wetlands Preserve) 0125-RN �0125-TLD Moab Wastewater Treatment Plant 0121-RN 0121-RP 0121-TLD 0124-RN 0119-RN 0124-TLD 0119-RP �0119-TLD Portal RV Park 0120-RN 0120-RP 0120-TL❑ Kane Creek Road 7 {background location} � 0123-RN 0123-RP 0123-TLD Legend Q Direct Gamma Monitoring Location ■ Radon Monitoring Location • Radioparticulate Monitoring Location — Highway Railroad ® River Streets — Site Boundary AIr1MQA AM_20081610_00008.mxd (MM) City of Moab 5 0.75 3�y Grand County Recycling Center 0122-RN 0122-RP 0122-TLD Miles 0 0.75 I 1.5 I Page 7 of 104 Air Monitoring Agreement No. DE-R013-02GJ67279 License Number: REEMCBCDOE-07-12-0102 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY AGREEMENT FOR INSTALLATION AND MAINTENANCE OF AIR MONITORING EQUIPMENT — Moab UMTRA Project Site, Moab, UT THIS AGREEMENT, entered into by and between City of Moab hereinafter called GRANTOR, and THE UNITED STATES OF AMERICA, by and through the Department of Energy, under the authority of the Uranium Mills Tailings Remedial Action (UMTRA) hereinafter called the GRANTEE, WITNESSETH: GRANTOR, in consideration of no compensation ($0.00), and in consideration of the faithful performance by GRANTEE of all activities and conditions herein contained, hereby grants, consents and agrees to the installation, maintenance and use, and rights of ingress and egress to and from air monitoring station(s) and appurtenances. The interest granted herein shall be a right of use of the property for the purposes described herein. The air monitoring station(s)are located at the Moab Wastewater Plant, Moab, UT 84532, in Grand County, Utah, as shown on Exhibit A (map) which is attached and made a part hereof. The Air monitoring station(s) subject to this agreement is as follow(s): 0121. The air monitoring station(s) and appurtenances and all equipment and tools for maintenance and use thereof placed in or upon the described property shall remain the property of the GRANTEE and may be removed by the GRANTEE at its own cost and expense at any time during the life of this agreement. The equipment and appurtenances thereof shall be maintained by the GRANTEE in a good, safe, and workmanlike manner. GRANTEE will be solely responsible for the payment of electricity needed for operation of the air monitoring station equipment and will annually reimburse the GRANTOR in advance for estimated electrical cost. Increases in payment will be made as electrical costs warrant. Upon removal or relocation of the air monitoring station(s) and appurtenances, the GRANTEE shall restore the described property to as nearly as possible the same state and condition existing prior to the installation of the air monitoring station(s) and appurtenances. The GRANTEE agrees to cooperate to the extent allowed by law, in the submittal of all claims pursuant to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) for alleged loss, injuries, or damages, to persons or property arising from the acts of GRANTEE'S employees, acting within the scope of their employment, in the installation, use, maintenance, removal or relocation of the air monitoring station(s) and appurtenances. The GRANTEE shall cause its contractors and subcontractors who enter the property under this agreement to carry reasonable liability insurance covering risk of liability caused by any of their activities. Upon request, the GRANTEE'S contractors and subcontractors will provide the GRANTOR certificates evidencing insurance coverage. GRANTEE shall be responsible for any loss or destruction of, or damage to, the GRANTOR'S real and Page 8 of 104 Air Monitoring Agreement No. DE-RO13-02GJ67279 License Number: REEMCBCDOE-07-12-0102 personal property caused by the activities of the GRANTEE in exercising any rights hereby granted in this agreement; PROVIDED, that such responsibility shall be limited to restoration of such real and personal property to a condition reasonably compared to its condition on the effective date of this agreement by techniques of backfilling, seeding, sodding, landscaping, repair or replacement, and such other methods as may be agreed to between the parties. SPECIAL CONDITIONS: This agreement shall become effective on the date executed by the GRANTEE and shall continue in full force and effect for _5_ year(s), unless earlier terminated by the GRANTEE upon 30 days written notice to the GRANTOR. Should the GRANTEE terminate this agreement or abandon the air monitoring station(s) in question, the GRANTEE's right of use shall revert to the GRANTOR. This agreement shall inure to the benefit of and be binding upon the successors, assigns, and transferees of the parties hereto. This agreement succeeds License Agreement: DE-R013-02GJ67279 aka REEMCBCDOE-07-07-0102. GRANTEE: UNITED STATES OF AMERICA DEPARTMENT OF ENERGY By: Date: GRANTOR: By: Date: Address: The Honorable Mayor, David L. Sakrison City of Moab 217 E Center Street Moab, UT 84532 Phone: (435) 259-7458 Page 9 of 104 Bar M Chuckwagon (background location) 0117-R N -0117-RP 0117-TLD 1 Arches National Park Entrance 0118-RN 0118-RP 0118-TLD Moab Site 6LZ J AH 31VIS Private Property 0129-RN 0129-RP 0129-TLD 0128-RN 0128-TLD 0127 -R N 0127-TLD BLM Property Legend 1 A Direct Gamma Monitoring Location ■ Radon Monitoring Location • Radioparticulate Monitoring Location Highway Railroad River — Streets — Site Boundary Air4MOA_AM_20081610_00008-mxd (MM) Utah Division of Wildlife Resources (Matheson Wetlands Preserve) 0125-RN 0124-RN 0119-RN 0t25-TLD 0124-TL❑ 0119-RP 0119-TLD Moab Wastewater Treatment Plant 0121-RN / 0121-RP 0121-TLD e, Portal RV Park 0120-R N 0120-R P 0120-TL❑ 1. ® IA dlta>i1 ; ii —ill ,74, 1 r qS • Kane Creek Road (background location) P 0123-RN 0123-RP 0123-TLD City of Moab 0.75 �N"•° Grand County Recycling Center 0122- R N 0122- R P 0122-TLD Miles 0 0.75 rn1111�1I 1.5 e Page 10 of 104 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE February 9, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Acceptance of the bid for the Riversands Waterline Replacement Project The Riversands Waterline Replacement Project consists of the base bid which includes installation of approximately 1,200 feet of 8" PVC waterline on Riversands Road including all fittings, thrust blocking and appurtenances. Two fire hydrant assemblies and sewer line crossings are also included in the base bid. Alternates #1 and #2 consist of water service connections and asphalt pavement restoration, respectively. Bids for Riversands Waterline Replacement Project were received by Moab City on February 3, 2012. There were six bidders on the project namely, Crowley Construction, CB Earthworks, BWR Constructors Inc., Lance Excavating, KSUE Construction Inc., and DG Concrete Inc. The low bidder on the project was DG Concrete Inc. with a combined cost for the Base Bid and Alternatives #1 and #2 of $77,538.00. The bid is within the budget allowed for the project. Due to the fact that the low bidder was unknown to the City, we contacted references. Favorable reports were received on the contractor's execution of past projects. It is my recommendation that we accept DG Concrete Inc.'s bid for the Riversands Waterline Replacement Project for the Base Bid and Alternatives #1 and #2 in the amount of $77,538.00. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 11 of 104 CONSTRUCTION CONTRACT PROJECT TITLE: RIVERSANDS WATERLINE REPLACEMENT PROJECT This CONTRACT is made this the 14 day of February, 2012, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and DG CONCRETE, INC., (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as RIVERSANDS WATERLINE REPLACEMENT PROJECT and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. Page 12 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 45 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 60 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC - 1 Page 13 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit B. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit B, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid and Alternatives #1 and #2 is SEVENTY-SEVEN THOUSAND FIVE HUNDRED AND THIRTY-EIGHT Dollars and No Cents, ($ 77,538.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit B, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-2 Page 14 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15t" of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and CC-3 Page 15 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-4 Page 16 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 The Technical Specifications 8.05 APWA Manual of Standard Specifications, 2007 Edition 8.06 APWA Manual of Standard Plans, 2007 Edition 8.07 Performance Bond and Payment Bond 8.08 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.09 General Conditions (pages 1 to 47, inclusive) 8.10 Notice to Proceed to be issued after Contract award, prior to construction. 8.11 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. CC-5 Page 17 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. CC-6 Page 18 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG CC-7 Page 19 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. 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. B. 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 shall be included with coverage limits of $5,000,000 per accident for bodily injury and 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 20 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project ARTICLE 11 - BONDS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. CC-9 Page 21 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on February 14, 2012. FOR THE CITY OF MOAB ATTEST: MAYOR Acting City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF ) § COUNTY OF ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public Signature My Commission Expires: Residing in: CC - 10 Page 22 of 104 City of Moab — Construction Contract Project: Riversands Waterline Replacement Project Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: CC - 11 Page 23 of 104 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Mayor and City Council From: Donna Metzler Date: February 10, 2012 Subject: Application for the Special Use of City Parks by Moab Half Marathon, Inc. MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JE•FFREY A. DAVIS Douc MCELFIANEY KIRSTIN PETERSON GREGG W. STUCK' Pursuant to the City's new Parks Use Policy, Moab Half Marathon has submitted an application for the use of the park. City staff has reviewed the application and haNe found it to be complete. The application is very thorough and sets a good standard for future applications. We also find that the requested use meets the criterion that the event or organization involved with the request provides clear benefits to the community. You will also note that Moab Half Marathon has submitted a request for a waiver of the fee for the use of the park. The fee is $500. Staff would like to request that this request for a waiver be carefully considered, as the City has just adopted the new fee structure and approving a fee waiver for a for -profit event may set a precedent for future waiver requests. Thank you for your consideration. ADM-MEM-12-02-003 First EPA Green Power 1 Community in the Nation Page 24 of 104 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Rannaeisschke Name of Organization and Event if applicable: Moab HalrMarathon. Inc . Address: 355100 E Moa6. UT 64532 Day Phone: Email. ran na@moabbaltr"arathon.orU Proposed Park Usage Informatioill"."11.1141.11/111.11/117 Which park to you intend to use? Swanny Park. 1 Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: Mafcnls.zolz Start Time: 11i00a"' am/pm EndTime� 600poi am/pm Proposed End Date: March 17, 2012 Start Time: 6:00 am am/pm End Time. 4:°0 Pm am/pm pavilion, parking, restrooms, all grass areas Please specify what areas of the park are proposed for use. For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 4'700 Number of spectators that you expect: 10,800 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: See document 'Swanny Park layout.pdf Will amplification be required for your event? Yes No Please specify any electrical needs for your event: we will use available electrical outlets on park premises. Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. See document 'Safety info.pdf if you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. See documents 'Swanny Park layout.pdf and 'Safety Info.pdf PLEASE COMPLETE OTHER SIDE Page 25 of 104 Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: volunteers will he used throughout the park to keep crowd in control and to answer questions, For groups over 100 people, please describe your refuse control and recycling plan: We will bring in trash, recycle, and compost bins and remove all of our waste after the event. Please describe your clean-up plan during and after the event: We will leave the park as clean or cleaner than when we started. Please describe your restroom facility plan: We will be using the park restrooms and bring in porta-potties from David's Elite Thrones. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: See document'Benefits.pdf Please specify and describe other community or city facilities that you plan to use: We will be using Center Street Gym for our Packet Pick-up Expo. Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Ranna Bieschke r 2/8/2012 Signature of Contact Person: Date. Public Works Reevview: Park Use Fee: b� Date Fee Paid: Date of City Council Approval. Office Use Only Police Department Review: Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: ----: mtoxpwgimuul Administrative Review. Other Required Permits and Approvals S1XCi aVev1,f- LACCASt vi1/410Qw Page 26 of 104 Moak Half Marathon P.O. t5ox 743 Moak, UT 8+532. Benefits for the Moab Community from the Canyonlands Ilalf Nlaratlaon Moab Half Marathon, Inc. (MHM) presents four road races every year in Moab bringing more than 20,000 runners and spectators to the community. A conservative estimate puts the economic impact of MHM events on Grand County at nearly $6M in revenue every year. Contributing to the local economy is a priority for MHM. In 2011, MHM made over $28,000 in charitable donations to local organizations. Recipients include Community Rebuilds, Canyonlands Community Recycling, Youth Garden Project, Canyonlands Rodeo Committee, Moab Regional Hospital, the local chapter for Girls on the Run and Grand County High School boys' and girls' soccer teams, service scholarship, cross country team, track team, and honor society. Page 27 of 104 oab Half Marathon P.O. Box 743 Moab, UT 34532 Canyonlands Half Marathon Moab City Race Safety Logistics Moab City Public Works 1:30 PM Friday: close 400 N from Park Ave to 100 W, including Mi Vida Safety staff will setup barricades and all necessary signage, including detours around Swanny Park. Area will remain closed until 3 PM Saturday. 6: 00 AM Saturday: Safety staff will move barricades at 400 N/Park Ave west to Park Rd 3:00 PM Saturday: Safety staff will pick up all City equipment. Moab City Police 6:00 AM Saturday: Officers will direct traffic and close roads as follows: • 400 N/100 W: officers and MHM staff will direct shuttles heading west on 400 N to 100 W (half marathon shuttles) or HMK (five mile shuttles). The HM shuttles will load on the south side of Swanny Park; reserve shuttles will be double stacked on 100 W. FM shuttles will load at the bus loading area of HMK; reserve shuttles will park in the school lane east of the loading area. • 100 W1200 N: officer(s) will redirect traffic heading north on 100 W to turn right 200 N as this area will be concentrated with buses and runners. • 400 N/500 W: officer(s) will direct shuttles north to 500 W from 400 N. • 500 WIHwy 191: officer(s) will help shuttles access Hwy 191 north from 500 W Final shuttle will leave NLT 9 AM. 9: 00 AM: Officers will close 400 N east of 500 W and will close 500 W north of 400 N. Officers will close 400 N at the east entrance of the LDS church to allow traffic to exit parking lot; traffic will head west only from parking lot. I : 15 PM: Officers will open traffic at 500W/Hwy 191 and 400 N/500 W (to Park Rd only). 9:00 AM: 2 officers will arrive via bicycle to Five Mile staging and check in w/MHM staff at Bill Canyon PL; they will proceed to FM start line and slow traffic for race timers 9:30 AM: 2 bicycle officers will lead FM runners along course to race finish Grand County Sheriff 7:30 AM Saturday: 2 officers will arrive to Half Marathon start located at BLM Takeout Beach on Hwy 128 (between MP 10-11). They will check in with MHM start coordinator Dave Montgomery. 1 officer will act as race lead vehicle and will park near pullout area. Wheelchair race will start at 9:50 AM; runner race will start at 10:00 AM. after Wheelchair participants pass, officer will move to center of Hwy 128. At race start, officer will proceed in front of runners to Hwy 191. Officer will then proceed down to 500 W and wait for lead runners; once contact is remade officer will proceed to finish on 400 N. 1 officer will act as race sweep and will park behind race start at approx. MP 1 1.5; starting at 8:00 AM officer will prevent all traffic from proceeding on Hwy 128 (including race shuttles coming from lodging east of race start). Sweep officer will remain behind last race participants until 1:00 PM, at which time officer will direct traffic to proceed west on Hwy 128. Page 28 of 104 Moat Half Marathon P.O. gox 7+5 Moab, UT 8+552 Grand County EMS One EMS ambulance and 2 EMT will arrive at finish at Swanny City Park no later than 9 AM and will check in with Finish Coordinator Dan Stenta for instructions. Vehicle and staff will remain at finish area, unless dispatched, until 1 PM. EMS staff will be available in the finish chute. (More EMS and EMTs on course, as well.) Volunteers Volunteers will be throughout the park helping answer questions and directing the crowd. They will be in easily identifiable, matching shirts. Page 29 of 104 1 3 2 1 FINISH AREA LAYOUT AT SWANKY CITY PARK MARCH )011 mi-im booths Bleachers Announcer's tower D Refuse Stations 41 Water tables rm, MHM snow fencing Power cord Potable water hose MHM barricades Clif snow fencing Vendor booths Charity booths ED Refuse Stations • Water tables 0 Power poles MHM snow fencing •••• • Power cord Potable water hose No Parking signs — Awards Results , Timem FINISH LINE LAYOUT AT SWAN NY CITY PARK MARCH )011 • ' • 11 Curb starts here 1111 . Volunteers o 2011 Gooale Page 30 of 104 MOAB CITY MOVED -Old STRUCTURE PERMIT BUSINESS NAME: 4/'M�/C7.4//OX./6 /770�C/ (fGff/G(-(72S BUSINESS PHONE: Z CMG^-UZ�rG OWNER'S PHONE: 21(f" 9*2co 2.-7., OWNER'S NAME 1-444?/2 /1-0 MAILING ADDRESS: l5-,'3Cf 2 6 774 f41/2 sr ' / lss�CL7/Z1-74// 1-v4 PROPOSED USE OF STRUCTURE: 0( S/aZ4 r 0 +,7,_-1 ' ,s" ff -\le-/-1 4 Cc-6" f f /21t- S TYPE OF STRUCTURE: /v x 1 L /9Z-V — ADDRESS OF PROPOSED STRUCTURE'S LOCATION 642 4)4/(r-S / A/fro "4"273 17.5-6 S A-14 'ST � l' %c!'� NAME OF PROPERTY OWNER (PRINT): /e-4 V gz_6 0/el I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OFRESTROOMFACILITIES; �1Si'�{ f3—,.IdI'n 9 COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: tAYES ❑ NO f ZONE: C97 Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES ❑ NO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL SIGNATURE OF OWNER APPROVING USE OF RESTROOM FACILITIES: SIGNATURE OFF CNr RECORDER MOVED -ON STRUCTURE TERM: FROM (�� �r 2_ TO — 6 — l �� Required inspections an back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: 5375.00 3.75 $378.75 PYMT REC'D CITY OF MOAB FEB G 2012 r Cc apt 6cr8i o AMi 318. "7 S. �. rage 3l or l U4 CITY OF MOAB MOVED -ON STRUCTURE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 BUSINESS NAME: ja ►'y, c. r i U c lcs ADDRESS OF MOVED -ON STRUCTURE: THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER BUILDING PERMIT # (IF REQUIRED) INSPECTION REQUIRED: Cl YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED in REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 }CANE CREEK BLVD INSPECTION REQUIRED: ❑ YES In NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE Page 32 of 104 03/05/04 s I; 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: 5-AKTr ei 11.0.9ply F-t-C1u112-tr) l/ YES ❑ No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: 91 ' _P ' 12 -7,��s /� 1/�/� _ ZVY �z6 oz�b x, � 7 NAME OF APPLICANT: G1✓�J� ��������J ��/ HONE: � APPLICANTS MAILING ADDRESS: / 57 j p 2-47& 7-1/ ,S6 CITY: l'SS9 6261466 STATE: (/vR� ZIP: ��U BUSINESS NAME: A I�-/ /CA/V' .64��// 7(:)// tiJ�-1/C-46 1 BUSINESS LOCATION: 26v Z r 0.41L / 7<k 04/4S- C- / G\77,16-3 1( / "I/ ZONE: C9.2 DETAILED DESCRIPTION OF BUSINESS ACTMTY: U�/ W" 70 X ZU ���/Ul /Ai C 4 ` 026. e��/ �v r. I6lr .S�°�' 1-0 aS� 76 S7710ZAJCA-s4- 1.6-1171 G��! , ,(/v s S / i/vsr4f tiA_Tc S 0/-z_ 4___<it9oxf.f7729TMV S G✓rt-c. TAB P-4C_4- . 06/16/05 Page 33 of 104 .401/ /o X L o roijr i4 7r` Owesr 3sb S. A•fA/A/ sr. 4 AI'rtK 3 - i Page 34 of 104 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE February l0, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Resolution #04-2012 Resolution #04-2012, accepts the public improvements associated with the Mulberry Grove Planned Unit Development and authorizes the release of the performance guaranty for the development. You may recall that the Owners executed a Trust Deed with the City as beneficiary, pledging lots as collateral to guarantee completion of the improvements. With the exception of some of the carports and interior landscaping that are tied to future development, all improvements have been constructed and inspected and have been found to be in compliance with the construction plans and the applicable city standards. The resolution provides for carports and landscaping as part of the building permit and certificate of occupancy issuance process for the individual lots. The City is accepting the dedication of the water system including the water main, fire hydrants and appurtenances, and water meters but excluding the water services. GWSSA is accepting the dedication of the sewer system. All other improvements and the control and abatement measures as necessary for dust, erasion, and weeds within the aforementioned planned unit development will be the responsibility of Mulberry Lane Community, LLC. City staff recommends approval of Resolution #04-2012. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 35 of 104 Resolution #04-2012 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ASSOCIATION WITH THE SUBDIVISION KNOWN AS "MULBERRY GROVE PLANNED UNIT DEVELOPMENT", AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS WHEREAS, the City of Moab (the "City") and Mulberry Lane Community, LLC ("Owner") entered into a Subdivision Improvements Agreement approved by the City Council on January 09, 2008 (the "Original Agreement") covering the public improvements associated with the above named planned unit development; and WHEREAS, the City and the Owner entered into Amendment #1 to the Subdivision Improvements Agreement (the "Amendment #1") covering the same subdivision on October 27, 2009; and WHEREAS, the City and the Owner entered into Amendment #2 to the Subdivision Improvements Agreement (the "Amendment #2") covering the same subdivision on December 27, 2011; and WHEREAS, the Original Agreement as amended by Amendment #1 and Amendment #2 shall hereafter be referred to as the "Final Agreement"; and WHEREAS, the Owners provided a Performance Guarantee in the form of a collateral pledge of property, executed by a Trust Deed naming the City as beneficiary, in order to secure performance of the improvements provided for in the Final Agreement; and WHEREAS, the Owner has performed all improvements pursuant to the Final Agreement with the exception of the construction of some of the carports and interior landscaping; and WHEREAS, the Owner shall construct carports and/or interior landscaping as needed at the time of purchase of the related lots as identified in the Final Agreement; and WHEREAS, the construction of said carports and/or interior landscaping should be specified as a required improvement on the building permit for any building on lots for which a carport and/or interior landscaping is needed, and construction of said carports and interior landscaping shall be a condition of the issuance of a certificate of occupancy for any building on any such lot; and WHEREAS, the Owner is dedicating the sewer improvements to Grand Water and Sewer Service Agency (GWSSA) and the water main to the City; and WHEREAS, the City has received a letter from GWSSA acknowledging their acceptance of the sewer improvements; and WHEREAS, the City has inspected and will accept the dedication of the water system including the water main, fire hydrants and appurtenances, and water meters but excluding the water services provided that the dedicated water system components are located in a properly conveyed easement; and Mulberry Grove Planned Unit Development Res #04-2012 Page 1 of 2 Page 36 of 104 WHEREAS, the Owner shall be responsible for maintenance of all other improvements as specified in the Final Agreement as well as the control and abatement measures as necessary for dust, erosion, and weeds on the property; and WHEREAS, pursuant to the terms of the Final Agreement, the Owner shall provide copies of lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work; and WHEREAS, pursuant to the terms of the Final Agreement, Owner warrants that all dedicated public improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of this acceptance; and WHEREAS, the Owner agrees to sign the Final Release Form and Payment Certification (attached as Exhibit A) per the requirements of the Final Agreement, which certifies the warranty on the Improvements and that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements; and WHEREAS, pursuant to the terms of the Final Agreement, Owners are entitled to a full release of the performance guaranty at this time. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to accept the public improvements covered by the Final Agreement referenced herein, specifically the main water line located within the Mulberry Grove Planned Unit Development and do hereby authorize the Mayor to execute a Full Reconveyance of the Property identified in the Trust Deed executed as the Performance Guaranty for the required improvements, and do hereby authorize city staff to require the construction of carports and interior landscaping as a condition of development of individual lots in the subdivision, as necessary. Concurrently, the Owner agrees to execute the aforementioned Final Release Form and Payment Certification. Passed and adopted by action of the Governing Body of the City of Moab in open session this 14th day of February, 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Danielle Guerrero, Deputy City Recorder Mulberry Grove Plarmed Unit Development Res #04-2012 Page 2 of 2 Page 37 of 104 EXHIBIT A FINAL RELEASE FORM AND PAYMENT CERTIFICATION FOR THE MULBERRY GROVE PLANNED UNIT DEVELOPMENT Referenced Documents — 1. Original Agreement by and between the City of Moab (the "City") and Mulberry Lane Community, LLC ("Owner") covering the public improvements associated with the above named planned unit development as approved by City Council on January 09, 2008. 2. Amendment #1 by and between the City and the Owner approved on October 27, 2009. 3. Amendment #2 by and between the City and the Owner executed on December 27, 2011. 4. City of Moab Resolution #04-2012. Recitals — A. Per the requirements of the referenced agreement and amendments the Owner has completed the required improvements for the above named subdivision. B. The Owner desires to dedicate the sewer improvements to Grand Water and Sewer Service Agency (GWSSA) and the water system to the City of Moab respectively. C. As stated in the aforementioned City resolution, the City has agreed to accept the dedication of the water system including the water main, fire hydrants and appurtenances, and water meters but excluding the water services provided that the dedicated water system components located in a properly conveyed easement. D. GWSSA has accepted the dedication of the sewer improvements. E. The Owner shall be responsible for maintenance of all other improvements as specified in the Final Agreement as well as the control and abatement measures as necessary for dust, erosion, and weeds within the aforementioned planned unit development. F. The Owner also warrants that the dedicated improvements were constructed in a workmanlike manner and in accordance with the approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. G. The Owner certifies that all outstanding charges for the Improvements have been paid and that there are no liens, encumbrances, or other restrictions on the Improvements and shall provide copies of lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work. OWNER: Mulberry Lane Community, LLC, a Utah limited liability company By: Douglas K. Jones, Authorized Member, Mulberry Lane Community, LLC Date By: Anne Wilson, Authorized Member, Mulberry Lane Community, LLC Date STATE OF UTAH COUNTY OF GRAND ) § ) The foregoing agreement was executed before me by Douglas K. Jones and Anne Wilson this day of , 20 . Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address Page 38 of 104 City of Moab Planning and Zoning Department Correspondence P1-12-2T February 9, 2012 To: Honorable Mayor and Members of Council From: Planning Staffcg Subject: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the Mulberry Grove Planned Unit Development as Submitted by Michelle Wiley Background The owner's of property in Mulberry Grove PUD have jointly applied for lot line adjustments on 24 lots and/or parcels. These are minimal adjustments to allow for minor realignments in the trail system as required because of the installation of utilities and as required by the Fire Department for easier access into the property. The application for this plat amendment satisfies the dimensional requirements of the PUD regulations and the approved plat. All of the owners of land join in this petition and no additional lots will be created. Exhibit A indicates the amendments to the lot lines and Exhibit B is the recordable plat. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that 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 Page 39 of 104 City Council Mulberry grove Pl 0 February 9, 2012 2 (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. (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. This requested lot line adjustment meets the applicable requirements listed in state law and the Moab Municipal Code. p:\planning department\2012\correspondence\p1-12.27 pc mulberry amends.docx Page 40 of 104 r FUTURE G RPORT [NOTA(TT � TIP CONSTRUCT FRONT FDDRDAT ON PIERS (SEE SREETA/D) (TYPICAL) I :l I /"PATIi CONNECTOR WEST 9 1i 5 a , R .30. t 1 PARKING AREA - WEST -v �! 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Box 264 Moab, Utah 84532 January 11, 2012 Moab City Planning Department City of Moab 217 East Center Street Moab, Utah 84532 RE: Mulberry Grove Plat Lot Line Adjustments/Plat Amendment Dear Jeff & Sommar, We, Mulberry Lane Community, LLC, are submitting a proposal for adjusting some of the lot lines for the Mulberry Grove Plat. Enclosed are: 1. Letter explaining details of proposed plat amendments; 2. Three full size copies of Mulberry Grove Plat with proposed amendments; 3. Exhibit B of the Mulberry Grove Subdivision Improvements Agreement, which shows the numbering and lay out of the carports; 4. Signatures from all property owners in Mulberry Grove, therefore no public hearing is required for plat amendment and; 5. Form provided by city to amend subdivision plat. Here is a summary of the changes, followed by a detailed list of the lot line changes. The ultimate goal is to "clean up" the plat. After we received final plat approval and proceeded with surveying, we noticed a few details, such as a lot encroaching into a pathway and carport structures closer than five feet to adjacent lots, thus requiring construction of firewalls. We have adjusted lot lines to remedy those issues. We have been working with a new engineering firm for the roads, parking and paving. Trying to match up the previous engineering design with the new design has been a challenge. As a result, some of the lot boundaries along the edges of the pathways created a "no man's land," meaning that there were small strips of land that were neither pathway nor lot. We have adjusted lot lines to remedy those issues. We have added language to the plat reflecting how and when carports will be constructed. Donna Metzler wrote the language for the plat note. The reason for this is because there was disagreement between us (MLC) and city staff regarding carport construction in the Subdivision Improvements Agreement. The resulting language is a compromise for ensuring that the remaining carports are constructed as lots are sold. Page 43 of 104 • ree-15luu.uu plus UD.uu per amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) 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; 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 44 of 104 State of Utah County of Grand The foregoing. instrument was acknowledged before me this by C)NAIL L 5Irt-K-47k Lb//5/ Dav Irate 1011 Notary Public DAWN RENAE EDDY 94 East Grand Ave Moab. Utah S4532 My Corr,nr;ssrcn Eq,res May 20, 2010 State of Utah My Commission Expiries: Residing At; OWNERS: State of Utah County of Grand lo/i9/0? Date Date Page 45 of 104 The foregoing instrument was acknowledged before me this by My Commission Expiries: Notary Pubkic DAWN RENAE EDDY pa E6St SCrirC r.ve Fvtoab, My Oor+rnssior E:Dines Mar 2C 201.3 State of Lnar, lb (19. (�'1 Residing At: ')CUU1/4K qLtAC4-12 Page 46 of 104 QWNERS: f/� f 7 Date Date State of Utah County of Grand r The foregoing instrumentwas acknowledged before the this t f 11 toy by StAScx-4,-. 1-6..1(ri n9 My Commission Expiries: Residing At: OW R� : t Notary Public DAWI`1 RENAE EDDY 94 East Grand Ave. Moab, USa1^ a4532 My Commission Exai!es May 20, 2010 Slate of plan State of Utah County of Grand i a 1140ci Date Date Page 47 of 104 The foregoing instrument was acknowledged before me this by s 6h My Commission Expiries: Notary Public DAWN RENAE EDDY 94 East Grand Ave Moab, U!uh 84532 My Commission Exo;.-ez May 20 2010 State :r utan toyN,109 Residing At: AAA, ciJb, Wo`4- �. 6II L Page 48 of 104 OWNERS: State of Utah County of Grand lr11o)01 Date Date The foregoing. instrument was acknowledged before me this 1 l ( l6 l 0 a1 by PETE 4 . G2 os 1 My Commission Expiries: s(2-gN td Moran Public DAWN RENAE EDDY 94 50v Grand kve Moat,. Ular: 84532 My ::arr rtl ssion Expire.s May 7f., 2010 State of Utan OWNERS: State of Utah County of Grand Residing At: rye 00-40, Date Date Page 49 of 104 OWNERS: Da Ai &40- r Date State of Utah County of Grand The foregoing instrument was acknowledged before me this by Q l 13 54-e My Commission Expiries: 5 (7):4201 � OWNERS: State of Utah County of Grand Date tq2k-1I p o1 Residing At: PAOCtio, LAAv— " (0a,, (Zeijcco Date Date Page 50 of 104 The foregoing instrument was acknowledged before me this by My Commission Expiries: Residing At: Page 51 of 104 OWNERS: rvin, L L . ul•J it S G +n Date I Date State of Utah County of Grand t The foregoing instrument was acknowledged before me this 4 Z- J � � /0q by E r-YWUL �S(s)--N My Commission Expiries: J�ZO10 Notary Public DAWN RENAE EDDY 94 East Grand Are. Moan, Utah .64532 My Commission Ems May 29, 2910 Sato of Utah OWNERS: State of Utah County of Gravid Residing At: Mt cJo ba,t,„„ 2oa �av z,-((-? /09 Date Date Page 52 of 104 The foregoing instrument was acknowledged before me this by do k. My Commission Expiries: Notary Public DAWN RENAE EDDY 94 East Grand Ave. Moab, Utah 54532 My Commission Expose May 20, 2010 State of Utah IZ((��U� Page 53 of 104 OWNERS: n State of Utah County of Grand The foregoing instrument was acknowledged before me this by My Commission Expiries: S ( za (1-010 Notary Public DAWN RENAE EDDY 94 Gast Grand A: e Moab, Utah 34532 My Gornm ss •; Vav _ -. OWNERS: State of Utah County of Grand 1 y/l, 10`i Date Date Residing At: akk Date Date Page 54 of 104 OWNERS: Date 2-7 - ).9 Date State of Utah County of Grand The foregoing instrument was acknowledged before me this � (� by N t C b I c 1 S,Q v 1 J cL t n ti \u , k cx) S-e ►'� My Commission Expiries: S t'2 t` ho WASP/ Public DAWN RENAE EDDY 94 East Grand Ave. Moab, Utah 1,2 My Commission Expire-5 May 20, 2010 State of Utah Residing At: ( kL1-JZ_ i`4t4Yz-b, (-A-7A.-1,N Page 55 of 104 OWNERS: State of Utah County of Grand h Svc t2c/s o Date � -/6 Dace The foregoing instrument was acknowledged before me this by EVV\i I� �- ( U4A.(1-13rek S uQ, Jv, (lb aY-, My Commission Expiries: S 1-2.4 Z> iD Notary�u5 ic. " DAVVI'J RENAE EDDY �•! east ^ranrf Av= �rr2l',2010 ...ate of LI:h Residing At: 10-AAA- ( Vl.�t. oo�-cQ , <. A-7),A_ Page 56 of 104 The foregoing instrument was acknowledged before me this l 2/Z J � l 0 by: r I PvLi acl, State of Utah } }ss. County of Grand } On the Z day of December 2010, personally appeared before me ki..)iWahl Cr"ilQn and �o \lC 1/44 the signers of the within document, who duly acknowledged before me that they executed the same. L DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: Moy 20, 2014 Comm. Number: 582584 O A Y pUBt IC Residing in: YY-A4-'0ir My Commission Expires: "� Z-b1 t t� Page 57 of 104 State of Wra-A--- County of to row - On the 5 day of `Lo` z i°P(NAIRWnf J. Max inelli My Commission Expires: 5/20/201L1 OWNERS: Date , personally appeared before me , who duly acknowledged to me that they executed the same. 7� Notary Public Residing in rya 6 , State of County of On the day of /q DAWN RENAE EDDY Notary Public state of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 Date Date , personally appeared before me , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 58 of 104 Page 60 of 104 Page 62 of 104 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: sir CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS Ill FEE: ❑ CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: KA M O Y /VA DAc A HOME ADDRESS: q! A.) . JV1 cE I A NN ey �/IJ• SOCIAL SECURITY NUMBER: 59$ r7j3a-�j15°j DRIVER L[CENSE NUMBER & STATE: `hDp L6es. lam. CITY: »10A [3 DATE OF BIRTH: HOME PHONE: 6 {19 2.S0 — 0166 STATE: UT ZIP: %Lig 3,.6t BUSINESS INFORMATION BUSINESS NAME: r E -r-Au BUSINESS ADDRESS: 53 LEST Hoc) ii©R- H SALES TAx ID #: S� oill 4 BUSINESS PHONE: C 3s) A60 - 64 BUSINESS MAILING ADDRESS: 9 (Ajar Wm. 11.A rc-rN CITY: ivaAc3 STATE: LC- ZIP: •K S 32, WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed an draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class IL Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. 1. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO FTYES (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: 'Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 66 of 104 3. Have you ever been convicted of any offense other than a minor traffic violation? X.No ❑ YES Of yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, 11, Private Club and Class IV. Class 111 Applicants MUST contact the Moab City Police Department License investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED tJ UISAPPROVED ❑ REASON: :SIGNkTi RE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 67 of 104 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she pp has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before mu on this day of Notary Pub6e Stott of OW Comm. No. 606925 My Comm. botros Mgt 2016 jotary Public Page 68 of 104 LIMITED -SERVICE RESTAIJRANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 , [ ] City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a limited -service restaurant liquor license to: Business Name (DBA): TOE 3e0 KEA) OAZ 25911A (r-441ti T E-A7e4r Applicant Entity/Business Owner: la/IIJp f APACIACA- Location Address: 53 wEs7- Ltcr, N0 4.7E4 froAQ Kr- gq 53 2 Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format_ A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent (RL) 1/2012 Page 69 of 104 Michael Navarre, Chief of Police MOAB CITY POLICE DEPARTMENT 217 East Center Street, Suite #130 Moab, Utah 84532 (435) 259-8938 FAX (435) 259-8915 Date: 02/10/2012 MCPC-MEMO-12-02-01 To: Moan City Counci From: Navarre Re: Beer license In reference to a Beer license application from Randy Apadaca. Business Name: Apatime LLC dba The Broken Oar Restaurant located at 53 West 400 North. I have attached a map depicting the measurements of possible proximity issues. 1 spoke with the Division of alcohol and beverage and they agreed with my measurements , in conclusion, there is no proximity issues for this business with reference to, Moab City ordinance, 5.20.360. I recommend that a beer license be issued to, The Broken Oar Restaurant. Thanks Page 70 of 104 Broken Oar Liquor License 0 20 40 80 120 1 inch = 70 feet 160 Feet City Ordinance 5.20.360 Utah.gov - Proximity Restrictions 200 Feet - "As the Crow Flies" 600 Feet - Safe Ped9o0noTravel 219112 Utah Dept of Alcoholic Beverage Control DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Licenses & Permits Home ? Licenses S Permits •Proximity Restrictions Proximity Restrictions Alcoholic beverage licenses may not be granted within specific proximity measurements to a community location; 600 feet measured by ordinary pedestrian travel, or 200 feet measured in a straight line. A "community location" is a church, school, park, playground or library. The commission is allowed to consider a request for a variance to any community location in any city, town, or county with respect to the 600 foot pedestrian travel measurement. But the law will riot allow the commission to grant a variance to the 200' straight line measurement restriction with ' respect to churches, schools, and playgrounds_ It does allow variances to the 200' measurement only with respect to parks and libraries. These restrictions affect the location of state liquor stores, package agencies, full -service and iimited restaurants, private dubs, taverns, on -premise beer and banquet catering licenses which are located within proximity to a community location. There are four general criteria and three special criteria that the commission must consider when variances are allowed. The commission may grant a variance if: • Written consent is obtained from the local governmental authority . A public hearing has been held . The commission determines that granting the variance will not be detrimental to the public health, peace, safety, and welfare of the community; and . The governing authority of the community location gives its written consent to the variance. The special criteria apply if the community location does not give its written consent. If that is the case, the commission must find that: . There is substantial unmet public demand to consume alcohol in a public setting within the geographic boundary of the local (governmental) authority in which the business seeking the alcohol license is to be located • There is no reasonably viable alternative for satisfying the unmet public demand other than through the establishment of the license at the location; and . There is no reasonably viable alternative location within the geographic boundary of the local (governmental) authority in which the licensed business is to be located to satisfy the unmet demand. 2012 OUtah Departrnent of Alcoholic Beverage Control -1625 South 900 West- Salt Lake City, Utah B4104 Phone:(801) 977-6800 - Fax (801) 977-6888 -Flours of Operation Site heap Home AboutOABC 1Nfiars New? Products Calendar Online Services How Do I.__ Contact Us PrivaeyPolley Terms of Use Page 72 of 104 abc.utah.gov/iicenselproximity.html 111 Resolution #05-2012 A RESOLUTION OF THE CITY OF MOAB SUPPORTING FEDERAL ACTION TO CLARIFY THE LIMITED APPLICATION OF THE CONCEPT OF CORPORATE PERSONHOOD AS IT RELATES TO CORPORATE CONTRIBUTIONS TO POLITICAL CAMPAIGNS AND CAUSES Whereas, corporations in the United States have historically been conferred limited constitutional and other rights based on the concept of "corporate personhood"; and Whereas, the Supreme Court recognized that corporations have the same rights as natural persons to contract and enforce contracts (Dartmouth College v. Woodward, 1819); and Whereas, the Supreme Court recognized corporations as persons for the purposes of the Fourteenth Amendment (Santa Clara County v. Southern Pacific Railroad, 1886); and Whereas, the application of the concept of corporate personhood has a history of being limited and not commensurate with the concept of natural personhood; and Whereas, natural persons clearly have rights that corporate persons do not, such as the right to vote and the right to bear arms; and Whereas, the issue of whether a corporation is a person for purposes of protection under the First Amendment has been the subject of a number of Supreme Court decisions; and Whereas, the question of whether spending money to influence elections is protected by the First Amendment has been and debated and opined on since at least the early 1900's; and Whereas, there have been federal limitations on corporate financial contributions to national campaigns since at least 1907, upholding the general position that corporate funding of elections and campaigns can unfairly influence elections, including the Tillman Act of 1907, the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 (McCain- Feingold); and Whereas, such limitations have been deemed appropriate to promote fair and balanced electoral campaigns and democratic elections that are not unduly influenced by corporations; and Whereas, Citizens United v. Federal Election Commission held that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment; and Whereas, Citizens United v. Federal Election Commission can be seen to support the concept that corporate financial contributions constitute free speech and are therefore protected without limitation; and Resolution #05-2012 Page 1 of 2 February 14, 2012 Page 73 of 104 Whereas, the protection of corporate financial contributions as free speech under the First Amendment could erode the ability to limit corporate financial contributions to electoral campaigns, thereby eroding the ability to promote fair and balanced electoral campaigns and democratic elections; and Whereas, the Governing Body of the City of Moab has a responsibility to the citizens of Moab to promote fair and balanced democratic elections at all levels; and Whereas, action to maintain basic rights and freedoms is often engendered at the local level; and Whereas, any action of the Governing Body of the City of Moab to take a position on national or international issues should be formalized by resolution, proclamation or ordinance; NOW, THEREFORE, WE, THE GOVERNING BODY of the City of Moab do hereby resolve to support federal action to clarify the limited application of the concept of "corporate personhood" such that financial political contributions are not considered free speech and that limitation of corporate contributions to political campaigns and causes is appropriate and necessary to promote fair and balanced electoral campaigns and democratic elections at all levels of governance. This resolution shall take effect immediately upon passage. Passed and adopted by action of the governing body of the City of Moab in open session this 14h day of February, 2012. CITY OF MOAB By: Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder Resolution #05-2012 Page 2 of 2 February 14, 2012 Page 74 of 104 DATE PAID: AMOUNT PAID: RECEIPT NO.: Lo 9019 CITY 4F MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE: , NAME OF EVENT: S--_f ` ( A~( --y" 1e_ts- pg-s ) r Y t }� + } / - /� ry D DESCRIPTION OF EVENT: ` -0 6 ) , , } /at c-L-i NI T OUP-- b t'N �F L�71 l�li CAS Ce -� LOCATION OF EVENT: \PC.t�w�p1�by (A SUP-L4VMSHIP CO�1(�l1}5 PREMISES TO BE USED: j '� /2_ CO U y Hl in � JOE.OS (5 N p-V� -.0 AF-'� TEMPORARY STRUCTURES TO BE USED (IF ANY): yU NS V DATES) ANDTIME(S) OF EVENT: iti(ARcc - q/3) Zo '7?� ANTICIPATED# OF EVENT PARTICIPANTS: (00 EVENT SPONSORS NAME: SPONSORS ADDRESS: kt 6-72 t r-Pcr4- Lo,r(76,J, � CITY: //1��>u SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: STATE: Lfeyv-ss, PHONE: 24; 0 rye s,9 THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT tS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OE A LICENSE WILL BE DELAYEDI UWE 07/ /--0 fi PLEASE PRINT NAME(S) HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND DNSOR. !pa tulaof Sponse State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this wt..( /.__ NOTARY PUBLIC 3 U e day of � r��s).° , ?GIz a CARMELLA GALLEY Notary Public F ti State of Utah 4 ' ` Comm. No. 576525 My Comm. Expires Sap 22, 2012 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 75 of 104 ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 76 of 104 07 01 05 i 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: VNcISTINiet MOAB CITY CODE: n • I • 91 K1 SIGN PERMIT: 2E4 U 1 W0 MOVED -ON NECESSARY: ❑ YES 17t No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 1No REVIEWED BY ZONING ADMINISTRATOR: DATE: tg- 1 . `9-5 rU1(\ \Pcc— NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: -Po (5)<, [ (344' CITY: IAA o PHONE: STATE: 2._Lo1) P R g 111 "r ZIP: g/1-S3 jr m ( i_. _ . BUSINESS NAME: 2C-t n 1 f y 1 t tom/ � T a "` l � 5 l l 1! il� r (�i Pes v� `� `- BUSINESS LOCATION; M V AA `f W� 1 lq 0 l h fil . 1 I �j ZONE: 2r / DETAILED DESCRIPTION OF BUSINESS 2O A D Ot -1- / 10 � 8 �AC�TIVIT/Y: J } r �r-� ' Jr'v(g' %� t �)"-�[4'l-/� 4 DiI'4 5 l�, CYC, ,1!�lV — f�1�7'" ET —CT TS � / V W r` p_v) \to f__,5 t•A t P t Sb GC-18 5 g Gbykc e-P-a05 J _,t 40AQ ---< C7lbrstt_ H-OSPt P(- —MAC `13'�POe--r1,C)A' 9 06/16/05 Page 77 of 104 DATE PAID: 1 AMOUNT PAID: � r RECEIPT NO.: S90! 1 CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80•00 LICENSE ##: ZONE: 1;41,C., NAME Or EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: jvthi)NsopLoS ly9 6 �13 iR o e fl 07 Cf c-1 tN 6-- E-3\- -no ?mil ci fro R-,s.r -00AP--- inntops rA,t2--couthp,I" i ri I TEMPORARY STRUCTURES TO BE USED (IF ANY): Ot\-9-� DATE(S) AND TIME(S) OF EVENT'. ANTICIPATED # OF EVENT PARTICIPANTS: MALT1 2o)� 3bO EVENT SPONSORS NAME: }�M ```i�e- V (FP--( �t1 IA ( SK -tn oky j 1 �/�, G,r � A ,: VI -Z& b�j�� 0 t�, SPONSORS ADDRESS: {7 D S dy, T! b� CITY: � U 1QI, STATE: VI ZIP: (T ' S3 2— SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR 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 LICENSE WILL BE DELAYED. IANE 1-. Lod R PLEASE PRINT NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONR. , HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB State of Utah Signature of S ) SS County of Grand ) !i( SUBCRIBED AND SWORN to before me this day of NOTARY PUBLIC C_/ i1// � ate L AM. i Z a L J 4 1 , �-• FAy Comm. Expires Sep 22.20t2 ` o� CARMELLA GALLEY Notary Public I State of Utah 1 Comm. No. 576525 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 78 of 104 ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: N ;9- _.....�:z._.�r �_.�a._v,r'.._ �.. sa4s:�Y..i':_z._a..i>-_..�.i_.c.._.._'_1�.�.<�i-..ii LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO to YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 79 of 104 07 01 0 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHoNE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONINGS ADMINISTRATOR: DATE: E-x16-111� �-r .aq .ado T2EOutizeP ❑ YES No ❑ YESNo �JM A1.13- NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: //�� n l �U��s /-� �iR R � � / 5k t not( 1 PHONE: �� i l Eft f --pv Ux L 3 ((( CITY: J/iL/4- DQ 2 STATE: � ZIP: (S-1(.� BUSINESS NAME: 54— 1 n n y i t ICJ e..„ v- ry ✓ — Y koo ro5 1`i R Do ' f p..) „%1A D ,$) I BUSINESS LOCATION: lY - � G V4 `-4 ZONE: 12Cl DETAILED DESCRIPTION OF BUSINESS ACTIVITY: ED ,raD C.541 l/Lt. 1 U 6-- v V .---T\S � ��YA-- iZ_Lticf)A t 1 nn -Q6 --f- To. ()MO-W6P5E.- T-i.. --1/1Qi"�� `�-P--(----_, 06/16/05 Page 80 of 104 DATE PAID: AMOUNT PAID: RECEIPT NO.: U2- 1QL_ t Carr of MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE:l i NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Ai( Ufa B ,[514) (/(_ T RP-c.0 P1--( r n n h i2- c. (4 w Hy inn } vA/z_c oix ---Rv/� 1,au. Nvo TEMPORARY STRUCTURES TO BE USED OF ANY): 13 /\_4 / DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: 41474. a 1 -(2-3) ap { v �vyQuS n EVENT SPONSOR'S NAME: a INA t` L, G� � � '�� 1/5 t { n n r �� ��• E-v�l v T SPONSOR'S ADDRESS: EEO 13 b I CITY: j\ku i `%,0 STATE: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: PHONE: (DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL /INFORMATION MUST 8E ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IANE Thae.� L A irsJ PLEASE PRINT NAM i HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREfN IS TRUE. INUE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION Af 1D--S SDR. i SIgnaturevof onsor / ale State of Utah ) ) SS County of Grand )- SUBCRIBED AND SWORN to before me this NOTARY PUBLIC day of f'-r 4 y 26E2. CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 Hy Comm. Expires Sep 22, 20f2 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 81 of 104 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL. REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: •a. ally...tA�.d14•�••�• • r Page 82 of 104 07,01/05 ..rt. �.• 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: C1119-r I` 61 MOAB CITY CODE: i 4. 01. 4R210 SIGN PERMIT: T 0V Per) MOVED -ON NECESSARY: ❑ YES 17 NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: 91- 1- 12 NAME OF APPLICANT: APPLICANT'S MAIUNGADDRESS: PHONE: CITY: e)40m9 STATE: ut4 ZIP: S3 i BUSINESS NAME: ' ri/`' C�e;(11t `' � /- BUSINESS LOCATION: 1.14 ```u ' `. I�p(119) ZONE: /G6!-1. 7 (- /) / :/- �---!' , / n lb( ` 0 '_/ DETAILED DESCRIPTION OF BUSINESS ACTIVITY: V e 06/16/0 Page 83 of 104 City of Moab Planning and ,Zoning Department Correspondence PI 12-26 February 10, 2012 Memo To: Honorable mayor and Members of Council From: Jeff Reinhart, Planning Director Subject: Review and Approval of a Pre -annexation Agreement for Utah State University (USU) and the School and Institutional Trust Lands Administration (SITLA) as Referred to Council by the Planning Commission Background Pre -annexation Agreements are required by state law to be reviewed and approved by the City Council prior to annexation. This pre -annexation agreement (Agreement) combines the SITLA and USU properties and is the result of numerous revisions that have been completed in the past few weeks as an effort to please all of the involved parties. Originally, city staff envisioned separate documents for both properties and drafts were prepared for review and comment by the two state agencies. Within the past month, however, it was suggested by USU that a single pre -annexation agreement be generated to include the approximate 346 acres of SITLA and the approximate 21 acres that is owned by USU. USU expressed a desire to have full development rights without review or restrictions granted to the future location of the campus on an interior 40-acre portion of the SITLA property. As a part of the exchange for this acreage, the 21 acres owned by USU would revert to SITLA ownership. This document discusses the development of the 40-acre parcel with a future campus in accordance with the 30-Year Campus Master Plan as generated by Design Workshop, et al. (Section 2, paragraph 2.9), and references the exchange of the 21-acre tract to SITLA ownership (Recital B, Page 1). The possibility that USU will decide to not follow Moab City zoning requirements has been anticipated as well and allows the city the discretionary act of withholding funds from the set aside fund if USU decides to not adhere to the city zoning regulations. (Section 2 paragraph 2.1) Other notable sections that were included in the document and mirror the language found in the approved Red Rock Partners/Miller Funding Group and Stroble-Soltes Agreements deal with storm water runoff and appropriate management efforts by the developer/owners to mitigate impacts. Because of the topographical challenges on the properties, Sections 2.3-2.4 are included that require the owner/developer to manage storm runoff and obtain the specific required development permits. Page 84 of 104 The Agreement was reviewed by the Planning Commission at their regular meeting held on February 9, 2012. Because the Commission did not have all of what USU called "minor changes", they voted to favorably refer the document to Council with two stipulations: 1. There are no substantive changes to the agreement; and 2. The withholding of funds from the USU set -aside account should be discretionary rather than mandatory in paragraph 2.1. It is anticipated that the minor changes USU wants to make to the pre -annexation agreement will be received by staff just prior to the Council meeting on February 14. Council will be apprised of those changes at the meeting. p:\planning department\2012\correspondence\pl•12.28 cc preannx usu•sitla.docx Page 85 of 104 DRAFT PRE -ANNEXATION AGREEMENT School and Institutional Trust Lands Administration Utah State University City of Moab, Utah THIS AGREEMENT is made and entered into this _ day of , 2012, among the CITY OF MOAB, a Utah municipal corporation ("the City"), acting through its City Council, the STATE OF UTAH, by and through the SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION (SITLA) and UTAH STATE UNIVERSITY (USU) as Applicants: RECITALS: A. Applicants own certain parcels of real property situated in Grand County, Utah. SITLA owns approximately 320 acres and USU owns approximately 20 acres. The parcels are more particularly described in Exhibit A and Exhibit B hereto and depicted on the copy of the Official Annexation Map attached as Exhibit E. The parcels are collectively referred to herein as "the Properties". B. SITLA proposes to develop the Properties with a variety of uses including housing and commercial development. USU proposes to develop a forty -acre parcel within the 320 acres owned by SITLA as a university campus for higher education, hereinafter referred to as "Campus Development." This forty -acre parcel is described in Exhibit C. The Campus Development will follow the "30-Year Campus Master Plan for the Future Moab Campus" as generated by Design Workshop, et al. C. The Properties are currently located in an unincorporated area of Grand County, Utah. D. The City and USU intend to work together to create a university campus that meets USU's goals and objectives as well as the community's expectations and needs. E. The City has created a Utah State University Regional Campus Set Aside Fund for the express purpose of providing, at the City's discretion, funding to assist with the development of a university campus for higher education under the auspices of USU. F. 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 1 Page 86 of 104 DRAFT 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 Properties are currently within the boundaries of the Spanish Valley Water and Sewer Improvement District (the "District"). The parties agree that water and sewer services will be provided by the District before and after annexation of the Property into City limits provided the City obtains a letter of agreement from the District that it will provide water and sewer services to the Properties at a capacity to serve the approved densities. If the District is unwilling or unable to provide these services at such a capacity, then the City may, if feasible, provide those water and sewer services necessary to support the approved densities on the Properties. 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 Properties, if such services are provided by the District. SECTION TWO OTHER AGREEMENTS AND DEVELOPMENT OF PROPERTY 2.1 For all of the property excluding the forty -acre parcel described in Exhibit C, Applicants agree to develop the Properties in accordance with a development plan submitted and approved according to the requirements of the Moab Municipal Code. The parties agree that USU may develop the forty -acre Campus Development without adhering to the development requirements of the Moab City Code, provided that the City may elect to withhold funding for the Campus Development from the Utah State University Regional Campus Set -Aside fund should USU elect not to develop the forty acres in accordance with a development plan submitted and approved according to the requirements of the Moab Municipal Code. The parties further agree that USU shall notify the City within 120 days of the anticipated start of construction whether USU chooses to adhere to City development requirements. In no case shall the City provide funding to USU from the Utah State Regional Campus Set -aside prior to the City's receiving notification regarding USU's adherence to City development requirements, pursuant to this section. The parties agree that the Campus Development will be developed according to the "30-year Campus Master Plan for the Future Moab Campus." 2.2 Applicants and their assigns and heirs are proposing that the Properties will be developed with a variety of uses including but not limited to housing, commercial, and institutional uses. 2 Page 87 of 104 DRAFT 2.3 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. These storm water drainage standards shall apply whether or not USU chooses to develop according to the City's development requirements provided for in this Section. 2.4 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. 2.5 All development shall incorporate storm 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. 2.6 The parties agree that Applicant will have no obligation to construct, install or undertake any other onsite or offsite improvements, except for those onsite or offsite improvements necessary to serve the development of the Property as provided for in a development plan and other such agreements that may be entered into between the parties. The foregoing will not preclude the inclusion of the Property in an impact fee ordinance established to undertake other municipal improvements as are determined to be necessary in the discretion of the City and uniformly applied to all similarly situated property. 2.7 The Applicants may be obligated to oversize the improvements to be constructed on the Property, provided that the City agrees to a reasonably acceptable mechanism that provides for the reimbursement to SITLA or USU, as applicable of a proportionate share of the excess costs and expenses incurred by SITLA or USU, as applicable in designing, permitting and installing/constructing the improvement(s). 2.8 The City shall cooperate with Applicants in their efforts to obtain such permits and approvals as may be required by other governmental or quasi -governmental agencies having jurisdictions over aspects of the development of the Properties, and shall from time to time at the request of Applicant, attempt with due diligence and in good faith to enter into binding agreements with any such entity as necessary to assure the availability of such permits and approvals or services. 2.9 The City recognizes that a parcel, owned by Utah State University (USU), and consisting of 20 acres, more or less, as described in Exhibit B shall be conveyed to SITLA and shall 3 Page 88 of 104 DRAFT be subject to the development provisions and ordinances of the City of Moab as set forth elsewhere in this document. SECTION THREE ANNEXATION 3.1 Applicants and their successors, grantees and assigns irrevocably consent to and petition for annexation of the Properties and release any right of protest or opposition to any future annexation of the Properties, or any portion thereof, pursuant to the terms of this Agreement. Contemporaneous with the signing of this Agreement, Applicants agree to submit a petition for annexation to the City. 3.2 The City agrees to initiate annexation proceedings for the Properties at such time as the Properties meet 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 Properties. 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 Properties 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. The City acknowledges the Properties are owned by the State of Utah and is therefore not subject to certain taxes. Nothing in this Agreement is intended to change this tax exempt status. 3.3 After annexation and as necessary for the development of the Property, Applicants agree to dedicate any public roads within future Projects and on the Properties to the City of Moab. Said dedication shall be in the form of a dedication plat or State patent. Applicant shall not warrant title to those properties it dedicates or otherwise conveys. 3.4 Under Utah Code Ann. §10-9a-304 and §17-27a-304, property owned by the State of Utah is exempt from municipal and county land use, management, and development ordinances. Notwithstanding the foregoing, in consideration of those obligations and commitments of the City set forth in this Agreement, the parties expressly agree that the Properties shall be subject to the provisions of the zoning district approved for the Properties upon annexation, including compliance with all use restrictions of the zone as generally applied to other properties within the same zoning district, except as otherwise provided for in Section 2.1 herein. 3.5 Upon annexation, Applicants agree that the Properties 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. 4 Page 89 of 104 DRAFT 3.6 Contemporaneous with the execution of this Agreement, Applicants agree to execute a restrictive covenant in the form contained in Exhibit D, which covenant shall bind the Properties and inform all successors and assigns that the Properties are subject to annexation when legally feasible. The covenant shall be recorded in the Grand County land records. 3.7 The requested zoning is Residential R-4 and Commercial C-4 as established in Moab Municipal Code Section 17.45 and 17.27, respectively. The general areas for the proposed zoning are shown in Exhibit F. SECTION FOUR GENERAL PROVISIONS 4.1 The provisions of this Agreement shall constitute covenants or servitudes which shall touch, attach to and run with the land. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Properties and future development projects. The Agreement may be transferred, provided that Applicants 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. 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 In the event of any legal or equitable act, action or other proceeding instituted by a third party, other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceeding. 4.6 Applicants and the City hereby renounce the existence of any form of joint venture or partnership between or among any of the parties to this Agreement and agree that nothing contained herein or in any document executed in connection herewith shall be 5 Page 90 of 104 DRAFT construed as making any of the parties to the Agreement joint venturers or partners. 4.7 This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. This Agreement may be executed by electronic scan or by facsimile. 4.8 All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: To the City of Moab: To Applicant: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager Attn: Assistant Director, Planning and Development Group State of Utah, School and Institutional Trust Lands Administration 675 East 500 South, Suite 500 Salt Lake City, UT 84102 Attn: David T. Cowley Utah State University 1445 Old Main Hill Logan, Utah 84322-1445 4.9 This Agreement is entered into pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Utah. 4.10 This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; (a) future Projects may be private or public development; (b) the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Properties, unless the City accepts the improvements pursuant to this Agreement; and (c) Applicant shall have full power and exclusive control of the Properties, subject to the conditions of this Agreement. 4.11 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. 4.12 If any provision of this Agreement, or the application of such provisions to any person or 6 Page 91 of 104 DRAFT 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. 4.13 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. 4.14 Upon annexation, the Properties 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. 4.15 To the fullest extent provided by law, nothing in this Agreement shall be interpreted or construed to be a waiver or relinquishment by either of the parties of any immunities they possess as governmental entities pursuant to applicable law including, without limitation, the Utah Governmental Immunity Act. 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 SITLA Douglas O. Buchi Assistant Director of Planning and Development Group State of Utah SITLA Approved as to Form: 7 Date Page 92 of 104 DRAFT Michelle E. McConkie, Special Assistant Attorney General State of Utah County of Grand ) § ) On the day of , 2012, Douglas O. Buchi, Assistant Director of Planning and Development Group for the State of Utah School and Institutional Trust Lands Administration, personally appeared before me , who duly acknowledged to me that they executed the same. My Commission Expires: UTAH STATE UNIVERSITY Notary Public Residing in: County David T. Cowley Vice President for Business and Finance, Utah State University Date State of Utah ) § County of Grand ) On the day of , 2012, David T. Cowley, Vice President for Business and Finance for Utah State University, personally appeared before me _ , who duly acknowledged to me that they executed the same. 8 Page 93 of 104 DRAFT My Commission Expires: Notary Public Residing in: County SCHEDULE OF EXHIBITS Exhibit A - Legal Description of the SITLA Property (see Annexation Map) Exhibit B - Legal Description of the USU Property (see Annexation Map) Exhibit C - Legal Description of the Proposed USU Campus Site Exhibit D - Copy of the Official Annexation Map Exhibit E- Proposed Zoning Boundaries Exhibit F- Restrictive Covenant Form 9 Page 94 of 104 EXHIBIT A FOR SITLA PROPERTIES DESCRIPTION OF A PARCEL OF LAND WITHIN SECTIONS 17 & 18, T 26 S, R 22 E, SLB&M, GRAND COUNTY, UTAH, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER SECTION 17, T 26 S, R 22 E, SLB&M, AND PROCEEDING THENCE WITH THE SECTION LINE N 89° 57'W 2627.2 FT. TO THE SE CORNER SECTION 18, THENCE WITH THE SOUTH LINE OF SECTION 18 S 89° 59' W 1320.9 FT. TO THE EAST 1/16 CORNER SECTIONS 18 & 19, THENCE N 0° 11' E 1310.9 FT. TO THE SE1/16 CORNER SECTION 18, THENCE N 89° 54' W 1317.6 FT. TO THE CENTER -SOUTH 1/16 CORNER SECTION 18, THENCE N 0° 20' E 1313.7 FT. TO THE CENTER 1/4 CORNER SECTION 18, THENCE N 89° 47' W 1299.6 FT. TO THE CENTER -WEST 1/16 SECTION 18, THENCE N 0° 15' E 1314.5 FT. TO THE NW 1/16 CORNER SECTION 18, THENCE S 89° 52' E 1301.7 FT. TO THE CENTER -NORTH 1/16 SECTION 18, THENCE S 89° 56' E 2621.6 FT. TO THE NORTH 1/16 SECTIONS 17 & 18, THENCE S 0° 02' W 1323.4 FT. TO THE 1/4 CORNER OF SECTIONS 17 & 18, THENCE WITH THE 1/4 LINE N 89° 21' E 1500.5 FT. TO THE NORTHERLY CORNER OF GOVERNMENT LOT 22, ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 191, THENCE S 52° 16' W 395.8 FT. TO THE WESTERLY CORNER OF GOVERNMENT LOT 22, THENCE S 37° 47' E 264.1 FT. TO THE SOUTHERLY CORNER OF GOVERNMENT LOT 22, THENCE S 52° 13' W 429.1 FT. TO THE WESTERLY CORNER OF GOVERNMENT LOT 32, THENCE S 37° 47' E 464.9 FT. TO THE NORTHERLY CORNER OF GOVERNMENT LOT 33, THENCE S 52° 13' W 297.6 FT. TO THE WESTERLY CORNER OF GOVERNMENT LOT 33, THENCE S 37° 47' E 396.0 FT. TO THE SOUTHERLY CORNER OF GOVERNMENT LOT 33, THENCE N 52° 13' E 297.6 FT. TO THE EASTERLY CORNER OF GOVERNMENT LOT 33, THENCE S 37° 47' E 525.9 FT. TO THE SOUTHERLY CORNER OF GOVERNMENT LOT 28, THENCE N 52° 13' E 824.8 FT. TO THE EASTERLY CORNER OF GOVERNMENT LOT 27, THENCE WITH THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 191 S 37° 52' E 190.2 FT. TO A CORNER ON THE CENTER 1/4 LINE, THENCE WITH SAID LINE S 0° 08' W 1181.5 FT. TO THE POINT OF BEGINNING AND CONTAINING 346.18 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE NE1/4 SECTION 18 (BEARING FROM GPS CONTROL=N 0 02'E). Page 95 of 104 USU EXHIBIT B FOR USU PROPERTIES PARCEL A: THE SOUTH '/ OF THE NORTHEAST % OF THE NORTHEAST'/ OF SECTION 18, T 26 S, R 22 E, SLB&M AND CONTAINING 20 ACRES MORE OR LESS. PARCEL B: BEGINNING AT A POINT 593.6 FT. WEST OF THE NORTHEAST CORNER OF SECTION 18, T 26 S, R 22 E, SLB&M, PROCEEDING THENCE S 0° 03' W 660.25 FT. TO THE NORTH BOUNDARY OF THE SOUTH 'A OF THE NORTHEAST'/ OF THE NORTHEAST'/ OF SAID SECTION 18, THENCE EAST 66 FT. ALONG THE NORTH BOUNDARY OF SAID SOUTH IA OF THE NORTHEAST'/ OF THE NORTHEAST % OF SECTION 18, THENCE N 0° 03' E 597.53 FT. TO THE SOUTH BOUNDARY OF HIGHWAY 191, THENCE WITH SAID HIGHWAY BOUNDARY N 46° 26' W 91.01 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.95 ACRES, MORE OR LESS. j:\annexatian\south area annexation \legals\usu ex c.docx Page 96 of 104 USU EXHIBIT C FOR PROPOSED USU CAMPUS SITE THE SOUTH '/z OF THE SOUTHEAST'/4 OF THE NORTHEAST'/4, AND THE NORTH 'h OF THE NORTHEAST'/ OF THE SOUTHEAST'/ OF SECTION 18, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SLB&M, AND CONTAINING 40 ACRES MORE OR LESS. j:\anrtexation\south area annexation\legals\usu campus site.docx Page 97 of 104 WHEN RECORDED MAIL TO: City of Moab 115 West 200 South Moab, Utah 84532 EXHIBIT D RESTRICTIVE COVENANT FOR ANNEXATION WHEREAS, the State of Utah, by and through the School and Institutional Trust Lands Administration ("SITLA") and Utah State University ("USU"), (the "Declarants"), are the owners of certain lands of which SITLA owns approximately 320 acres and USU owns approximately 20 acres, more particularly described in Attachment A, which property is located in the unincorporated area of Grand County, Utah. The parcels are collectively referred to herein as the "Properties". WHEREAS, Declarants and the City of Moab (the "City") have entered into a Pre - Annexation Agreement providing for the annexation of said Properties. NOW THEREFORE, the Declarants, and the City stipulate and agree as follows: 1. All the Properties, as described in Attachment A, are subject to a pre -annexation agreement with the City of Moab (the "Pre -Annexation Agreement"). 2. Declarants, their successors, and assigns, irrevocably consent to annexation and waive 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 Properties. 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 against the party that fails to cooperate. In any legal proceeding to enforce this covenant the City shall Page 98 of 104 RESTRICTIVE COVENANT FOR ANNEXATION Page 2 be entitled to recover its reasonable attorney fees and court costs against the non - cooperating party. 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: Whitney Pugh for Utah State University (USU) By: Date: Whitney Pugh STATE OF COUNTY OF )§ Subscribed to and acknowledged before me by _ _ this day of , 2012. Witness my hand and official seal. My commission expires: Douglas O. Buchi for State of Utah, School and Institutional Trust Lands Administration By: Date: STATE OF Page 99 of 104 COUNTY OF )§ ) Subscribed to and acknowledged before me by this day of , 2011. Witness my hand and official seal. My commission expires: Approved as to form: Michelle E. McConkie, Special Assistant Attorney General City of Moab: By: Mayor David L. 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A .n wn° n1im'nrrir77e.0a«Rxi .V011d/21JS➢6 71alrf 1.1811-1X3 Page 101 of 104 City of Moab Proposed South Area Annexation Recommended Zoning 1 inch = 1,200 feet 1:1961.1 Ptm.ro.n1.1..... . 1.1*Ird •••••.....144.1 •10114.••••••=m• Ca NW▪ .... ...•••••••• :MMA r:a 11* 1.11,4.1 LZI EXHIBIT F Vilna CITY OF MOAB PUBLIC HEARING ORDINANCE #2012-03 The City of Moab will hold a Public Hearing on Tuesday, January 24, 2012 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab. Copies of the proposed ordinance are available at the Moab City Recorder's office and at www.moabcity.org. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, January 12 and 19, 2012. R:\Notices\2012\ord 2012-03 south area.doc Page 103 of 104 Moab Half Marathon P.O. Box 743 Moab, UT 84532 City Manager Donna Metzler Gregg Stucki Jeff Davis Kirstin Peterson Kyle Bailey Doug McMarley Dear Manager Metzler and Members of the Moab City Council, February 8, 2012 Thank you for considering issuing Moab Half Marathon, Inc. (MHM) a permit to utilize Swanny City Park for the finish location of the upcoming Canyonlands Half Marathon and Five Mile Run (CHM) on March 17. We are writing to request that the City Council consider waiving the fee to reserve Swanny City Park for March 16-17, 2012 for the CHM. We make this request for the following reasons: • In addition to meeting all requirements laid out in the park use guidelines by providing 20+ portapotties and maintaining access to all existing park amenities, MHM will be responsible for collecting, sorting and disposing of all waste generated by the event. • Waste management will be facilitated by the Green Team, an experienced group of volunteers headed by Canyonlands Community Recycling personnel who have managed trash, recyclable, and compostable waste at our events for the past three years. We provide trash receptacles in strategic locations throughout the park to minimize use of city receptacles (in the past Green Team members have even sorted and emptied city receptacles into MHM receptacles). MHM will arrange for transport of all waste, recyclables, and compostables from the park. • The final step of MHM's breakdown protocol is to sweep the entire park and finish line area for trash, ensuring that the area is left as clean, or cleaner, than it was found. • Over 14,000 runners and spectators will experience the park and become aware of the Moab Aquatics and Recreation Center. Showcasing these two amenities will add to visitors' positive impression of Moab and may promote future visitation. • The park atmosphere will be further enhanced by the festivities around the finish area, including live music, informational booths, shopping and race awards. MHM impacts the economics of the Moab community by jump starting the tourism season and generating an estimated $3.4 million in revenue for CHM. We appreciate the considerable support offered by the city and community for this and other events, and hope to maintain this mutually beneficial relationship into the future. Thank you for your time and consideration. Ranna Bieschke President, Moab Half Marathon, Inc. +35-259-+525 +55-259-5+56 (fax) Page 104 of 104 mr@citlink.net www.moabhalfmarathon.ors