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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 Page 1 of 20 [ / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 13, 2012 AGENDA ITEM #: 5-1, 5-2 & 5-3 / / 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. 1 Page 2 of 20 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 Page 3 of 20 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 Page 1 of 5 Page 4 of 20 5-1 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. Page 2 of 5 Page 5 of 20 5-1 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 Page 3 of 5 Page 6 of 20 5-1 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. Page 4 of 5 Page 7of20 5-1 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 Page 5 of 5 Page 8 of 20 5-1 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. Page 9 of 20 5-2 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. 2 Page 10 of 20 5-2 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, 3 Page 11 of 20 5-2 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 4 Page 12 of 20 5-2 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. 5 Page 13 of 20 5-2 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. 6 Page 14 of 20 5-2 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. 7 Page 15 of 20 5-2 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 8 Page 16 of 20 5-2 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 Page 17 of 20 0 A FINAL SUBDIVISION PLAT OF II.LAGE p.T.J.I3., PHASE II L 3 OF POWERHOUSE SUBDIVISION, ADDITION II, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH DAB A PUOUC MUSTY RI Cr MAY DRIVE. THE OTY OF AN 1 THE gnu YOAB mai AND LL REMAIN PIMMIE >r I'SZ� sent 668'86'1P3 I N& comet s:.C11ON 1 T 28 EL R 22S SLY POINT OF OZONIENO OE COMER OF PARCEL A PHASE I) n•C n .. _ D e�,. F 056' Kr ° S12150rE 18.86' ar -0.1Aw kettli' OS-t GRAPHIC SCALE M 14 R 1 ° ISO (IN MEET ) 1. Iooh 60 IL to r W 3 IMMIIIII l,. W.,71C1 n1 M�1♦i IVIETT E.. 7 EIM!13[.1.:1'MTI[l1E1E1'I/ 11B1, 111111.1 iTii2i27I?'RT9 Wallr.7T.::F TT FA WITTITill S AVIN i3arrrrie1-, nrFTF"ir7mar w ii�i�T �Irxrar-*rarm sr a irrAr",,,sam. TrairliliTNTA i77-r zau�nirrai �it*Y r•rArisurns mistim WITTAIITMINITM7liaOrli M7B1Fr[TZ11:1 /11177M.171111F17.3 1/4 CORNER SECTIONS 7 8° B. Wir T26S.R22E.SLM 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