HomeMy Public PortalAboutPKT-CC-2012-11-15City of Moab
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Councilmembers and Media
From: Mayor David L. Sakrison
Date: 11/13/2012
Re: Special City Council Meeting
Mayor:
Council:
David L. Sakrison
Kyle Bailey
Jeffrey A. Davis
Doug McElhaney
Kirstin Peterson
Gregg W. Stucki
The City of Moab will hold a Special City Council Meeting on Thursday, November 15, 2012 at 8:30
AM. The purpose of this meeting will be:
5-1 Approval of Millcreek Village Subdivision Phase II Improvements Agreement
5-2 Acceptance of a Trust Deed for Millcreek Village Subdivision
5-3 Approval of the Final Plat for Phase Two of the Mill Creek Village Planned
Unit Development (P.U.D.), on Property Located in the RA-1 Zoning District as
Submitted by Andrew Riley
5-4 Approval of an Interlocal Agreement between the Canyonlands Special
Service Health Care District and the City of Moab
The meeting will be held at the Moab City Offices in the Council Chambers at 217 East Center Street,
Moab, Utah.
David L. Sakrison
Mayor
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.
REC-MEM-12-11-001
First EPA Green Power Community in the Nation
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AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 13, 2012
AGENDA ITEM
#: 5-1, 5-2 & 5-3
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PL-12-157
Title: Approval of the Improvements Agreement, Trust Deed for the Performance Guaranty,
and the Final Plat for Phase Two of the Mill Creek Village Planned Unit Development (P.U.D.),
on Property Located in the RA-1 Zoning District as Submitted by Andrew Riley
Fiscal Impact: N/A
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Andrew Riley
Background/Summary: Mr. Andrew Riley owns a tract of land 8.82 acres in size, and has
applied to develop Mill Creek Village, a 20-Lot Planned Unit Development (PUD). The property
is located at 1337 Powerhouse Lane in the RA-1 Zoning district.
The Planning Commission approved the preliminary plat of Phase One in July 2011 with a
subsequent review and approval by Council on August 9, 2oi1. The Final Plat for Phase One was
reviewed and conditionally recommended to Council by the Planning Commission on July 28,
2oii, with two conditions:
(1) The applicant shall work with the city to establish a trail easement;
(2) The city attorney will clarify the issue of the Powerhouse Lane right-of-way.
In response, the applicant has worked with staff in establishing a trail easement and other
required easements as indicated on the plat. The issue of the right-of-way for Powerhouse Lane
has been reviewed as requested by the Commission and it has been determined that there is
sufficient right-of-way to provide for the contemplated improvements.
On October ill 2012, the Planning Commission reviewed the Final Plat of Phase Two. With the
adoption of Planning Resolution 14-2012, the commission recommended to
Council that the Phase One Plat be conditionally approved. There was a single condition of:
"1. Prior to being submitted to Council for review and approval, the applicant shall
submit the necessary documents required by MMC Chapter 17.66.090, Preliminary plan, and
MMC Chapter 17.66.100, Preliminary documents, to staff for review and recommendation."
The necessary documents include4 the Improvements Agreement and the Deed of Trust. The
Deed of Trust addresses the performance guaranty for the improvements in Phase Two. Both
documents have been submitted and reviewed by staff and appear to be in order.
Recording of the final plat is contingent upon approval of these supporting documents.
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November 7, 2012
Mill Creek Village
Phase 11 Final Plat
Page 2 of 2
Options:
i) Council, as the Land Use Authority, can approve the Trust Deed, Improvements
Agreement and final plat for the PUD as submitted;
2) Council can approve the documents and plat and state any necessary conditions;
3) Council can vote to not approve the PUD and state their reasons;
4) Council can table the application until a later date and request additional information.
Staff Recommendation: City Staff agrees with the Planning Commission and recommends
approval of the plat subject to the condition that the Subdivision Improvements Agreement,
appropriate Trust Deed shall be executed with the Final Plat for Phase Two.
Recommended Motion: I move to approve the Improvements Agreement, the Deed of Trust,
and the Final Plat of Mill Creek Village PUD Phase Two, as recommended by the Planning
Commission and staff.
Attachment(s): Improvements Agreement
Trust Deed for the Performance Guaranty
Phase Two Final Plat
p:\planning department\2012\correspondence \p1-12-157 cc mcv phase2.docx
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IMPROVEMENTS AGREEMENT
Mill Creek Village PUD, Phase II
The CITY OF MOAB, a Utah municipality (the "City"), and MILL CREEK VILLAGE,
LLC, ("Owner") have entered into the following Agreement ("Phase II Improvements
Agreement") pursuant to the Moab Municipal Code § 17.66.010 et seq., to secure performance
and the installation of improvements as required as a condition for approval of the Mill Creek
Village Planned Unit Development, Phase II ("PUD"). For valuable consideration, the
sufficiency of which both parties acknowledge, the parties agree as follows:
1. Covered Property. The real property subject to this Agreement ("Property") is
located within Parcel 3 of Power House Subdivision, Addition #2, Sections 7 & 8
of T 26 S, R 22 E, SLM, Moab City, Grand County, Utah.
2. Required Improvements. Owner will develop the Property in conformity with the
final PUD Plan for the Mill Creek Village PUD, Phase I recorded in the real
property records of Grand County, Utah on July 16, 2012 as Entry No. 501147 in
Book 785, Page 113 , and in accordance with the Improvements Agreement for
the Millcreek Village PUD, Phase I ("Phase I Improvements Agreement"). In
addition, Owner shall develop the Property in accordance with the final PUD Plan
for the Millcreek Village PUD Phase II, attached as Exhibit A hereto.
Additionally, Owner hereby agrees to comply with all conditions placed upon the
approval for Phase II of the Millcreek Village final PUD plan, as specified before
the Moab City Council (the "Council") and agrees to construct and install
improvements, including utilities, drainage improvements, and landscaping as
further specified in the approved engineering plan drawings, the Improvements
Cost Estimate Worksheet shown in Exhibit B hereto, and other attachments
deposited with the City. The following improvements include but are not limited
to:
1. Streets, curbs, gutters and sidewalks
2. Street striping and signage
3. Water and sewer lines
4. Power service
5. Storm drainage conveyance facilities
6. Re -vegetation and restoration of disturbed areas
7. Construction dust control
8. Traffic calming speed hump
9. Street Lighting
10. Landscaping
11. Irrigation systems.
3. Acceptance of Improvements, Warranty. All improvements shall be constructed
in a workmanlike manner and in conformity with approved plans and City
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specifications. All City improvements are subject to inspection by the Public
Works Director and City Engineer prior to completion. All improvements to be
dedicated to the City (the "Public Improvements") shall be inspected and tested
prior to acceptance. Upon acceptance, title to Public Improvements will vest in
the City. Improvements constructed for other agencies, shall be inspected and
tested prior to acceptance by the specific agency.
3.1 The Owner warrants that all Public Improvements dedicated to the City
shall be constructed in a workmanlike manner and in accordance with
approved plans and specifications, and that all such improvements shall be
free from defects in materials and workmanship for a period of one (1)
year from the date of acceptance by the City (the "Warranty Period").
Owner shall promptly repair or replace any defect in materials or
workmanship following receipt of written notice from the City during the
Warranty Period.
3.2 All Public Improvements shall be delivered free and clear of any lien or
encumbrance. Owner and City staff shall jointly approve the estimated
cost of the Public Improvements prior to the commencement of
construction. Public Improvements shall include the following: water
mains, excluding service lines, and required trails. All other improvements
shall be considered Private Improvements to be maintained by the Mill
Creek Village Property Owners' Association.
3.3 All Required Improvements shall be bonded by the developer in a form
accepted by the city in an amount of not less than one hundred twenty-five
percent (125%) of the estimated cost of the Required Improvements to be
constructed, as shown in Exhibit B.
4. Effect of Phase I Improvements Agreement. Owner acknowledges that this Phase
II Improvements Agreement supplements the Phase I Improvements Agreement,
more fully described above. Further, Owner understands that the Phase I
Improvements Agreement shall remain in full force and effect until the entirety of
the public improvements required in the Phase I Improvements Agreement are
completed.
5. Zoning Compliance. Building permits for construction on the Property shall only
be issued upon satisfactory completion and acceptance of all improvements for
each phase of construction.
6. Default: Remedies, Lapse of Plat. All provisions of this Agreement are material.
Any violation this Agreement (hereinafter "Default") is grounds for declaration of
Default. Prior to invoking any remedies for Default under this Agreement the
City shall deliver written notice to the Owner describing the act, event, or
omission constituting same, and allowing Owner a period of not less than thirty
(30) days in which to cure or abate the violation. Cure within this period reinstates
this Agreement.
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6.1 Upon declaration of Default the City may exercise any remedies, for
violation available under City ordinances or Utah statutes, including,
without limitation, proceeding against the payment or performance bonds;
withholding building permits or certificates of occupancy/zoning
compliance; action to enjoin or abate zoning violations, recording of a
lapse of plat, in whole or in part; and any other remedies available at law
or equity, including specific performance or injunctive relief.
6.2 Upon declaration of Default, the City may, but is not obligated to record a
lapse of plat. The recording of a lapse of plat shall result in the reversion
of the zoning for the lands affected to the designation in existence prior to
approval of the PUD. A lapse of plat shall terminate all previous approvals
and result the elimination of platted lots, if any, for the affected property.
A lapse of plat may only be filed in the event of Default and after Owner
is given an opportunity to cure.
7. General Provisions. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of Owner concerning the ownership or development
of the Property. Prior to assigning any or all of his rights and duties under this
Agreement Owner shall obtain from any transferee a written assumption
acknowledging and agreeing to be bound by this Agreement.
7.1 This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent
to which either party participated in the drafting.
7.2 Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or
previous action or inaction be deemed a waiver of any rights or claims
arising with respect to later or subsequent breaches, acts or omissions.
7.3 The term "Agreement" includes this Improvements Agreement, the final
plat plan for the PUD, and all related design drawings, which documents
shall constitute the sole and complete Agreement between the parties the
Agreement shall supersede all prior Agreements or representations,
however evidenced. No modifications to any of the terms of this
Agreement shall be binding, unless reduced to writing and lawfully made
by both parties.
7.4 The place of performance of this Agreement is Moab City, Grand County,
Utah. In the event of any legal dispute concerning the subject of this
Agreement, the parties stipulate to venue in the Seventh Judicial District
Court, Grand County, Utah. In any such proceeding the parties waive trial
to a jury on all claims and agree that the action shall be tried to the court.
7.5 In legal proceedings concerning the terms of this Agreement, the
substantially prevailing party shall be entitled to recover its reasonable
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attorney fees and court costs in addition to any other relief authorized
herein.
7.6 This Agreement shall be governed by Utah law.
7.7 This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that (a) the PUD is a private
development; (b) the City of Moab has no interest in, responsibilities for,
or duty to third parties concerning any improvements to the Property,
unless the City accepts the improvements pursuant to this Agreement; and
(c) except as otherwise provided herein, Owner shall have full power and
exclusive control of the Property.
7.8 The provisions of this Agreement are severable, and if any portion should
be held to be void or unenforceable, then the remainder of this Agreement
shall be construed to be in full force without reference to the invalid
provision.
7.9 In the event of any legal dispute concerning this Agreement neither party
shall be liable to the other for consequential damages, lost profits, or delay
related damages of any kind.
7.10 All notices under this Agreement must be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Owner:
Mill Creek Village, LLC
c/o Andrew Riley
1100 Sandflats Road
Box 450
Moab, Utah 84532
Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time.
7.11 This Agreement shall be recorded in the Grand County land records until
such time as all provisions are performed, following which the City shall
record a notice of termination.
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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 its execution.
CITY OF MOAB
Mayor David L. Sakrison Date
ATTEST:
Rachel E. Stenta Date
OWNER:
Andrew Riley, Manager Date
for Mill Creek Village, LLC
ACKNOWLEDGEMENT
STATE OF UTAH )
) ss
COUNTY OF GRAND )
The foregoing Improvements Agreement was acknowledged before me by Andrew Riley,
Manager for Mill Creek Village, LLC, as Owner, on this day of 2012.
Witness my hand and official seal.
, Notary Public
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TRUST DEED
THIS TRUST DEED, made this day of 2012, between Mill Creek
Village, LLC, whose address is P.O. Box 450, Moab, Utah, 84532, TRUSTOR, South Eastern
Utah Title Company, as TRUSTEE, and the City of Moab, a Utah municipality, as
BENEFICIARY.
Trustor conveys and warrants to Trustee in trust, with power of sale, the following
described property, situated in Grand County, State of Utah:
LOTS 6 AND 10, MILL CREEK VILLAGE PUD, PHASE II, ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN THE LAND RECORDS OF GRAND COUNTY.
Together with all buildings, fixtures and improvements thereon and all water rights,
rights of way, easements, rents, issues, profits, income, tenements, privileges and appurtenances
used or enjoyed with said property, or any part thereof, subject to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and
profits;
For the purpose of securing: 1) partial payment of the indebtedness evidence by an
Improvements Agreement, Mill Creek Village PUD, Phase II with the Beneficiary dated
in the principal sum of $204,308.13 made by Trustor, payable to the order of
Beneficiary at the times, with interest as set forth, and any extensions and/or renewals or
modifications thereof; 2) the performance of each agreement of Trustor in this document; 3) the
payment of such additional loans or advances as hereafter may be made to Trustor as provided in
the Improvements Agreement; and 4) the payment of all sums expended or advanced by
Beneficiary under or pursuant to the terms of this document, together with interest as provided.
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TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES:
1. To keep said property in good condition and repair; to not remove or demolish
any building on the property; to complete or restore promptly and in good and workmanlike
manner any building which may be constructed, damaged or destroyed; to comply with all laws,
land use regulations, covenants and restrictions affecting said property; to not commit or permit
waste of the property; to not commit or allow any act upon said property in violation of law; and
to do all other acts which from the character or use of said property may be reasonably
necessary.
2. To provide and maintain property and casualty insurance covering the property in
an amount not less than $204,308.13 and covering all improvements now existing or later erected
or placed on the property. The property insurance policy shall name the Beneficiary as an
additional insured. In the event of a loss or casualty to the property, Trustor shall give
immediate notice to Beneficiary, who may make proof of loss, and each insurance company
concerned is hereby authorized and directed to make payment for such loss directly to
Beneficiary instead of to Trustor and Beneficiary jointly, and the insurance proceeds, or any part
thereof, may be applied by Beneficiary, at its option, to reduction of the indebtedness secured by
this document, or to the restoration or repair of the property.
3. To maintain with until the indebtedness secured hereby is paid in full, evidence of
unencumbered and marketable title in the property.
4. To appear in and defend any action or proceeding purporting to affect the security
of this Trust Deed, the title to the property, or the rights or powers of Beneficiary or Trustee; and
should Beneficiary or Trustee elect to also appear in or defend any such action or proceeding, to
pay all costs and expenses, including reasonable attorney's fees incurred by Beneficiary or
Trustee.
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5. To timely pay, all taxes and assessments affecting said property, all special
assessments upon the property, and all other utility or other charges which may become a lien
against the property. Trustor further agrees to pay, when due, all encumbrances, charges and
liens with interest, affecting or encumbering the property.
6. Should Trustor fail to make any payment or to do any act as specified in this Trust
Deed or the accompanying Improvements Agreement, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor
from any obligation hereof, may: 1) make payments or undertake such actions to such extent as
either may deem necessary to protect the security of this Trust Deed; 2) enter upon said property
for such purposes; 3) commence, appear in, and defend any action or proceeding purporting to
affect the security hereof or the rights of powers of Beneficiary or Trustee; 4) pay, purchase,
contest, or compromise any encumbrance, charge, or lien which in the judgment of either
appears to be prior or superior to this Trust Deed; and 5) in exercising any such powers, incur
any liability, expend whatever amounts in its absolute discretion it may deem necessary therefor,
including reasonable attorney fees.
7. To pay Beneficiary immediately and without demand all sums expended by
Beneficiary or Trustee as specified in this Trust Deed or as a result of any default by Trustor
under this Trust Deed or the Improvements Agreement, with interest from date of expenditure at
the rate of twelve percent (12%) per annum until paid, all of which sums shall be secured by this
Trust Deed.
8. Should said property or any part thereof be taken or damaged by reason of any
public improvement or eminent domain proceeding, fire, flood, seismic event, or as a result of
any other casualty or government taking, Beneficiary shall be entitled to all compensation,
awards and other payments or relief therefor, and shall be entitled at its option to commence,
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appear in and prosecute in its own name, any action or proceedings, or to make any compromise
or settlement in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of real property
and other insurance affecting said property, are hereby assigned to Beneficiary, who may, after
deducting therefrom all its expenses, including attorney's fees, apply the same toward
satisfaction of any indebtedness secured by this document. Trustor agrees to execute such
further assignments of any compensation, award, damages, and rights of action and proceeds as
Beneficiary or Trustee may require.
9. At any time and from time to time upon written request of Beneficiary, payment
of its fees and presentation of this Trust Deed and the Improvements Agreement for endorsement
(in case of full reconveyance for cancellation and retention), without affecting the liability of any
person for the payment of the indebtedness secured hereby, Trustee may: a) consent to the
making of any map or plat of said property; b) join in granting any easement or creating any
restriction thereon; c) join in any subordination or other agreement affecting this Trust Deed or
the lien or charge thereof; or d) reconvey, without warranty, all or any part of said property.
Nothing in this section shall be construed to require the Beneficiary to consent to the granting of
any such easement, conveyance, or similar action, consent to which shall rest in the
Beneficiary's sole discretion.
10. As additional security, Trustor hereby assigns Beneficiary, for the duration of this
Trust Deed, all rents and profits derived from the property. Until Trustor shall default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder,
Trustor shall have the right to collect all such rents, issues, royalties, and profits earned prior to
default as they become due and payable. If Trustor shall default, Trustor's right to collect any of
such moneys shall cease and Beneficiary shall have the right, with or without taking possession
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of the property affected hereby, to collect all rents, issues, and profits. Failure or discontinuance
of Beneficiary at any time or from time to time to collect any such moneys shall not in any
manner affect the subsequent enforcement by Beneficiary of the right, power, and authority to
collect the same. None of the rights contained in this Trust Deed shall be construed to be an
affirmation by Beneficiary of any tenancy, lease or option, nor shall any action by Trustee or
Beneficiary be deemed a subordination of the lien or charge of this Trust Deed to any such
tenancy, lease or option.
11. Upon any default by Trustor, Beneficiary may at any time without notice, either
in person or by a receiver to be appointed by a court (Trustor hereby consenting to the
appointment of Beneficiary as such receiver), and without regard to the adequacy of any security
for the indebtedness hereby secured, in its own name sue for or otherwise collect rents and
profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, toward satisfaction of any
indebtedness secured by this Trust Deed.
12. The collection by Beneficiary rents or profits, or the proceeds of fire and other
insurance policies, or compensation or awards for any taking or damage of said property, shall
not constitute a cure or waiver by Beneficiary of any default under this Trust Deed.
13. The failure on the part of Beneficiary to promptly enforce any right arising under
this Trust Deed shall not operate as a waiver of such right, and the failure by Beneficiary to
declare default following any act or omission constituting default shall not constitute a waiver of
Beneficiary's rights as to any other or subsequent default. No modification of the terms of this
Trust Deed shall be valid or binding unless reduced to writing and executed by both Beneficiary
and Trustor.
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14. Time is of the essence with respect to all obligations in this Trust Deed. Upon
default by Trustor in the payment of any sums owing under this Trust Deed or in the
performance of any agreement or obligation in this Trust Deed or the Improvements Agreement,
all sums secured hereby shall immediately become due and payable at the option of Beneficiary.
In the event of such default, Beneficiary may execute or cause Trustee to execute a written notice
of default and of election to cause said property to be sold to satisfy the obligations hereof, and
Trustee shall file such notice for record in each county wherein said property or some part or
parcel thereof is situated. Beneficiary may also deposit with Trustee the Improvements
Agreement and all documents evidencing sums advanced and secured by the Trust Deed. Prior
to recording notice of default the Trustee shall deliver written notice of same to the Trustor, who
shall have a period of not to exceed fifteen (15) days from delivery in which to cure or abate the
default.
15. After the lapse of such time as may then be required by law following the
recordation of notice of default, and notice of default and notice of sale having been given as
required by law, Trustee, without demand on Trustor, shall sell said property on the date and at
the time and place designated in said notice of sale, either as a whole or in separate parcels, and
in such order as it may determine (but subject to any statutory right of Trustor to direct the order
in which such property, if consisting of several known lots or parcels, shall be sold), at public
auction to the highest bidder, the purchase price payable in good funds of the United States at the
time of sale. The person conducting the sale may, for any cause he deems necessary, postpone
the sale from time to time until it shall be completed and, in every case, notice of postponement
shall be given by public declaration by such person at the time and place last appointed for the
sale; provided, if the sale is postponed for longer than one day beyond the day designated in the
notice of sale, notice thereof shall be given in the same manner as the original notice of sale.
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Immediately following conclusion of the sale, Trustee shall execute and deliver to the purchaser
its Deed conveying the property, but without any covenant or warranty, express or implied. Any
person, including Beneficiary, may bid at the sale. A bid by Beneficiary may be in the form of
credit bid toward satisfaction of the indebtedness. The Trustee shall apply the proceeds from the
sale in the following order to payment of: 1) all reasonable costs and expenses associated with
the sale, including any fees of the Trustee, attorney's fees, and title costs; 2) all sums owing or
secured under this Trust Deed or the Improvements Agreement; and 3) the remainder, if any, to
the Trustor or any persons legally entitled thereto.
a) Trustee, upon presentation to it of an affidavit signed by Beneficiary, setting forth
facts showing a default by Trustor, is authorized to accept as true and conclusive all facts and
statements therein, and to act in conformity with this Trust Deed.
16. Alternately, upon the occurrence of any default Beneficiary shall have the option
to declare acceleration and all sums owing shall be immediately due and payable and Trustee
shall proceed with foreclose of this Trust Deed in the manner provided by law for the foreclosure
of mortgages on real property.
17. Beneficiary may appoint a successor trustee at any time by recording in the Grand
County land records a notice of substitution of trustee. From the time the substitution is filed for
record, the new trustee shall succeed to all the powers, duties, authority and title of the trustee
named herein or of any successor trustee. Notice shall be given to the Trustor in the manner
provided by law.
18. This Trust Deed shall apply to, inure to the benefit of, and bind all parties, their
heirs, devisees, administrators, executors, successors and assigns. All obligations of Trustor
hereunder are joint and several. The term "Beneficiary" shall mean the owner and holder,
including any assignee of the Improvements Agreement and Trust Deed.
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19. Trustee accepts this Trust when this Trust Deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any
party hereto of a pending sale under any other Trust Deed or of any action or proceeding in
which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee.
20. This Trust Deed or any rights, title, or interest in the property conveyed in trust
shall not be assigned or conveyed by Trustor without the advance written consent of the
Beneficiary. In the event of any sale, assignment, conveyance, involuntary transfer, or purported
grant of interest in the subject property by Trustor, in whole or in part, or by operation of law
without the advance consent of the Beneficiary, this Trust Deed and all sums due hereunder as
well as those due under the Improvements Agreement shall be due in full. There shall be no
assumption of the terms of the Improvements Agreement or this Trust Deed by any other person,
in whole or in part, without the advance written consent of the Beneficiary.
21. Default shall be defined to be any failure or omission on the part of the Trustor to
perform any act or obligation or pay any sums owing as defined or required by this Trust Deed or
the Improvements Agreement.
22. This Trust Deed shall be construed according to the laws of the State of Utah.
Venue for any legal proceeding arising from the obligations in this Trust Deed shall be in the
courts of Grand County, Utah.
23. Trustor hereby waives any claim to a homestead exemption with respect to the
real property covered by this Trust Deed.
24. The remedies in this Trust Deed and the Improvements Agreement are distinct
from, and cumulative to, all other rights and remedies at law or in equity. All such remedies may
be exercised concurrently, individually, or in succession. The provisions of this Trust Deed are
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severable, and in the event any such provision shall be found to be in conflict with applicable
law, it shall be stricken, and the remainder enforced to the full extent provided.
25. Beneficiary shall be entitled to inspect the property at reasonable times and with
reasonable notice for the purpose of verifying Trustor's compliance with the terms of this Trust
Deed.
26. The Trustor requests that a copy of any notice of default and all other notices
under this Trust Deed or as required by law be mailed to the address first written above.
TRUSTOR:
Mill Creek Village, LLC
Andrew Riley, Manager
ACKNOWLEDGMENT
STATE OF UTAH
COUNTY OF GRAND
On this day of 2012, the foregoing Trust Deed was personally
executed before me by Andrew Riley, Manager of Mill Creek Village, LLC as Trustor.
Witness my hand and official seal.
9
, Notary Public
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3 COMMISSION CERTIFICATE
DAY OF A.D. 20 , BY
PLANNING COMMISSION
CITY ENGINEERS APPROVAL CIT1� COUNCIL APPROVAL
I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT reiBSOGEEIVITION
AS STAKED EXAMINED BY THIS OFFICE AND IT APPROVED.
ACCORDANCE WITH INFORMATION ON FILE IN I
A.D.. SUBDIVISION
COUNTY RECORD
STATE OF UTAH, CO. OF
DATE _TIME )0K
5-3
.uu,.In rnuu,ean& B DATE
INTERLOCAL AGREEMENT
FOR THE PROVISION OF FUNDING TO THE CANYONLANDS HEALTH CARE
SPECIAL SERVICES DISTRICT
This Interlocal Agreement is entered into pursuant to the Interlocal Cooperation Act, Title 11-13-
1 et seq. Utah Code Annotated, 1953, as amended, for the mutual benefit of the citizens and
inhabitants of the City of Moab, State of Utah, a body politic and corporation (hereinafter
referred to as "City") and the Canyonlands Health Care Special Services District, a body politic
and corporation (hereinafter referred to as "the District"), by and between the City and the
County.
WHEREAS, the District intends to enter into a contract with the Utah Department of Health to
provide "seed" funds in order to facilitate the receipt by Moab Regional Hospital of
Disproportionate Share Hospital (DSH) funds; and
WHEREAS, the City desires to contribute funds to the District in order to augment the District's
provision of "seed" funds pursuant to the above mentioned contract; and
WHEREAS, the City intends for its contribution to the District pursuant to this agreement to be
used only for the purpose of providing the DSH "seed" money; and
WHEREAS, the City intends that the contribution contemplated in this agreement will be "one-
time" only and not an ongoing contribution;
NOW, THEREFORE, the parties do hereby enter into the following Agreement:
1. Purpose. The purpose of this agreement is to provide for the City's contribution of funds
to the District for purposes of the District's providing "seed" funds to the State
Department of Health in order to facilitate the receipt of DSH funds by Moab Regional
Hospital.
2. Contribution of Funds. In order to receive funds pursuant to this Agreement, the District
must enter into a contract with the State of Utah providing for the District's payment of
"seed" funds to facilitate the receipt by Moab Regional Hospital of DSH funds. After
execution of said contract, the District shall submit to the City an invoice for the funds
contemplated in this agreement. Within 30 days after receipt of an invoice from the
District, the City shall provide payment to the District in the amount of $82,000. The
District shall submit to the City a copy of the signed DSH contract between the State of
Utah Health Department and the District. The City agrees that funds contributed to the
District pursuant to this agreement are not federal funds. The parties agree that this
contribution is a one-time contribution and does not constitute an on -going obligation.
3. District's Use of Contributed Funds. The funds contributed to the District pursuant to
this agreement shall be used for the sole purpose of providing "seed" money to the State
Department of Health to facilitate the receipt by Moab Regional Hospital of DSH funds.
The parties understand that if, for whatever reason, Moab Regional Hospital does not
receive DSH funds as anticipated, any funds contributed to the District by the City
Interlocal District DSH Contribution Page 1 of 2
Page 19 of 20
5-4
INTERLOCAL AGREEMENT
FOR THE PROVISION OF FUNDING TO THE CANYONLANDS HEALTH CARE
SPECIAL SERVICES DISTRICT
pursuant to this Agreement shall be remitted back to the City within 30 days of the
District's receiving notification that DSH will not be received as expected.
4. Administration of Agreement. This agreement shall be administered by an Oversight
Committee comprising the City Manager and the Chairperson of the District's
Administrative Control Board. This committee will review this agreement as needed and
coordinate administrative matters relevant to this agreement.
5. Control of Property. Pursuant to Section 11-13-7, Utah Code Annotated, the City and the
District shall exercise control over its respective property that is provided in fulfilling its
obligations under this agreement.
6. Effectiveness and Duration of Agreement. This agreement shall become effective
immediately upon its approval the District and the City. This agreement shall remain in
effect until 30 days until after all obligations under this Agreement are met.
Dated this day of , 2012.
Attest:
Rachel Stenta
City Recorder
City of Moab
David L. Sakrison
Mayor
Canyonlands Health Care Special Service District
Verleen Striblen
Chairperson, Canyonlands Health Care Special Service District
Interlocal District DSH Contribution Page 2 of 2
Page 20 of 20
5-4