HomeMy Public PortalAboutPKT-CC-2009-04-28CITY OF MOAB
APRIL 28, 2009
PRE-COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Updated on: 4/10/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 7:00 CVPC 2 3 4 5 6 6:00 GCAB 4:00 GCWB 7 7:00 MC Council Meeting (Budget) 8 4:30 GCHPC 6:00 GCPC 9 6:00 MCPC 10 11 12 13 12:30 GCCOA 14 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 15 6:30 CVTC 7:00 GCLB 7:00 GCRSSD 16 5:30 TCAB 17 18 19 20 21 22 6:00 GCPC 23 6:00 MCPC 24 25 26 27 28 3:00 MTPSC 7:00 MC Council Meeting 29 30 2009 April
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
Updated on: 4/10/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 4:00 GCWB 6:00 GCAB 5 7:00 MC Council Meeting (Budget) 6 7:00 CVPC 7 8 9 10 11 12:30 GCCOA 12 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 13 6:00 GCPC 14 5:00 TCAB 6:00 MCPC 6:30 TSSFD 15 16 17 18 12:00 CJC 19 20 6:30 CVTC 7:00 GCLB 7:00 GCRSSD 21 22 23 24 25 26 3:00 MTPSC 7:00 MC Council Meeting 7:00 SEUDHD 27 6:00 GCPC 28 6:00 MCPC 29 30 31 2009 May
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
City of Moab – Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, April 28 2009 at 7:00 p.m.
6:30 p.m. PRE-COUNCIL WORKSHOP
7:00 p.m. Call to Order: Pledge to Flag:
SECTION 1: APPROVAL OF MINUTES
1-1 April 14, 2009
1-2 April 16, 2009
1-3 April 21, 2009
1-4 April 24, 2009
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: NEW BUSINESS
4-1 Approval of a Special Business Event License for Tap Tool
Sale Located at 711 South Main Street
4-2 Approval of a Moved-on Structure Permit for Moab First
Assembly to Conduct a Fireworks Stand Located at 446
South Main Street from July 1 to July 4, 2009
4-3 Approval of Proposed Resolution #08-2009 - A Resolution
Accepting the Public Improvements Constructed In
Association with the Subdivision Known As Orchard Place
Subdivision Phases I - III, and Authorizing the Release of
the Performance Guaranty Associated with Said
Improvements
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
4-4 Approval of an Subdivision Improvements Agreement for
Secret Cove Subdivision
SECTION 5: READING OF CORRESPONDENCE
SECTION 6: ADMINISTRATIVE REPORTS
SECTION 7: REPORT ON CITY/COUNTY COOPERATION
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: PAY THE BILLS AGAINST THE CITY OF MOAB
SECTION 10: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this
meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532;
or phone (435) 259-5121 at least three (3) working days prior to the meeting.
Check our website for updates at: www.moabcity.org
April 14, 2009 Page 1 of 2
MOAB CITY COUNCIL
REGULAR MEETING
April 14, 2009
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council
Workshop to order at 6:30 PM.
Mayor Sakrison called the Regular City Council Meeting to order at
7:00 PM and led in the Pledge of Allegiance. Also in attendance were
Councilmembers Jeffrey Davis, Gregg Stucki, Kyle Bailey and Rob
Sweeten; City Manager Donna Metzler, Deputy Recorder Dan Tally,
Planning Director Jeff Reinhart, City Engineer Dan Stenta and Police
Chief Mike Navarre. Eight (8) members of the audience and media were
present.
Councilmember Bailey moved to approve the Special Meeting Minutes
of April 7, 2009 as well as the Regular Meeting Minutes of March 10
and 24, 2009. Councilmember Stucki seconded the motion. The
motion carried 4-0 aye.
There were no Citizens to be Heard.
A Community Development Department Update was not given.
Under Engineering Department Update, City Engineer Stenta stated that
the 500 West Project was in the review phase and that a workshop
meeting would be held with affected landowners.
Under Planning Department Update, Planning Director Reinhart stated
that an initial workshop would be held on the hospital site plan.
A Police Department Update was not given.
A Public Works Department Update was not given.
Mayor Sakrison presented Caitlyn Phinster with the Mayor’s
Student Citizenship of the Month Award for March 2009 for
Helen M. Knight Intermediate School.
Councilmember Sweeten moved to approve a Moved-on
Structure Permit for Josh Reeder, d.b.a. Desert Snow, Located at
83 South Main Street to Conduct a Snow Cone Business from
April 26 to September 6, 2009. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye.
Councilmember Bailey moved to approve a Request by De Ann
Arthur for an Amplified Music Event at Old City Park on May 2,
2009. Councilmember Sweeten seconded the motion. The
motion carried 4-0 aye.
Councilmember Stucki moved to approve a Request by Ed Stone
for an Amplified Music Event at Old City Park on May 10,
2009. Councilmember Sweeten seconded the motion. The
motion carried 4-0 aye.
Councilmember Sweeten moved to approve a Special Business
Event License for the April Action Car Show to be held at
Swanny City Park on April 25, 2009. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye.
Councilmember Davis moved to approve an Exception to Moab
REGULAR MEETING &
ATTENDANCE
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY
DEVELOPMENT UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
STUDENT OF THE MONTH
PRESENTATION
MOVED-ON STRUCTURE
FOR DESERT SNOW,
APPROVED
AMPLIFIED MUSIC EVENT
FOR DE ANN ARTHUR,
APPROVED
AMPLIFIED MUSIC EVENT
FOR ED STONE, APPROVED
SPECIAL BUSINESS EVENT
LICENSE FOR APRIL
ACTION CAR SHOW,
APPROVED
EXCEPTION TO
April 14, 2009 Page 2 of 2
Municipal Code Section 2.28.040 Purchasing Procedure to
negotiate an extension of the solid waste collection contract.
Councilmember Stucki seconded the motion. The motion
carried 4-0 aye.
Councilmember Bailey moved to approve the Final Plat for the
Secret Cove Subdivision. Councilmember Stucki seconded the
motion. The motion carried 4-0 aye.
Councilmember Stucki moved to approve Ordinance #2009-05 -
An Ordinance to Adopt a Revised Official Zoning Map
Indicating the Realigned Boundaries of the FC-1 Flood Channel
Zone. Councilmember Bailey seconded the motion. The motion
carried 4-0 aye.
Councilmember Sweeten moved to approve Proposed Ordinance
#2009-06 - An Ordinance Amending the City of Moab
Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone,
Specifically Referencing Fencing, Structures for Public
Transportation, Vegetation and Penalties. Councilmember
Davis seconded the motion. The motion carried 4-0 aye.
Under Reading of Correspondence, Mayor Sakrison stated that the
Governor would be making a visit to Moab.
Under Administrative Report, City Manager Metzler stated that there
would be a special budget meeting the next Tuesday and that she hoped
to have a services agreement for EDA Architects for approval at the
next regular meeting. City Manager Metzler then stated that the
additional property at Rotary Park was now officially owned by the
City.
Under Report on City/County Cooperation, Mayor Sakrison stated that
there would be a joint meeting on April 24, 2009.
Under Mayor and Council Reports, Mayor Sakrison stated that the
Easter Egg Hunt went well, and extended his appreciation to Police
Chief Navarre and the Moab City Police Department for a job well done
during the 2009 Jeep Safari.
Councilmember Bailey moved to pay the bills against the City of Moab
in the amount of $132,944.52. Councilmember Bauman seconded the
motion. The motion carried 4-0 aye by a roll-call-vote.
Mayor Sakrison adjourned the meeting at 7:42 PM.
APPROVED: ____________________ ATTEST: ____________________
David L. Sakrison Rachel Ellison
Mayor City Recorder
PURCHASING
PROCEDURES, APPROVED
FINAL PLAT FOR SECRET
COVE SUBDIVISION,
APPROVED
PROPOSED ORDINANCCE
#2009-05, APPROVED
PROPOSED ORDINANCE
#2009-06, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE
REPORTS
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
April 16, 2009 Page 1 of 1
MOAB CITY COUNCIL
SPECIAL JOINT MEETING
April 16, 2009
The Moab City Council held a Special Joint City Council/Planning
Commission Meeting on the above date in the Council Chambers of
Moab City Offices, located at 217 East Center Street, Moab, Utah.
Mayor Sakrison called the Special City Council Meeting to order at 6:04
PM. Also in attendance were Councilmembers Kyle Bailey and Sarah
Bauman; City Manager Donna Metzler, Planning Director Jeffrey
Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson,
Moab City Planning Commission Members Jeanette Kopell, Kelly
Thornton, Wayne Hoskisson, Joe Downard and Kara Dohrenwend. No
members of the audience and media were present.
Planning Director Reinhart made a presentation regarding Proposed
Ordinance #2009-02 - an Ordinance Amending Title 17.00 by
Establishing Infill Development Regulations for Residential Zones and
Providing a Saving Clause; Providing a Severability Clause; and
Providing an Effective Date. Discussion followed.
Mayor Sakrison adjourned the meeting at 7:06 PM.
APPROVED: ____________________ ATTEST: ____________________
David L. Sakrison Rachel Ellison
Mayor City Recorder
1
SPECIAL MEETING AND
ATTENDANCE
PRESENTATION AND
DISCUSSION
ADJOURNMENT
April 21, 2009 Page 1 of 1
MOAB CITY COUNCIL
SPECIAL MEETING
April 21, 2009
The Moab City Council held a Special Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah.
Mayor Sakrison called the Special City Council Meeting to order at 7:00
PM. Also in attendance were Councilmembers Gregg Stucki, Kyle
Bailey, Jeffrey Davis and Sarah Bauman; City Manager Donna Metzler,
City Recorder/Assistant City Manager Rachel Ellison, and Public
Works Director Brent Williams. No members of the audience and media
were present.
A presentation was made by City Manager Metzler regarding the fiscal
year 2009-2010 Budget for all funds. Discussion followed.
Mayor Sakrison adjourned the meeting at 8:05 PM.
APPROVED: ____________________ ATTEST: ____________________
David L. Sakrison Rachel Ellison
Mayor City Recorder
1
SPECIAL MEETING AND
ATTENDANCE
BUDGET PRESENTATION
AND DISCUSSION
ADJOURNMENT
April 24, 2009 Page 1 of 1
MOAB CITY COUNCIL
SPECIAL MEETING
April 24, 2008
The Moab City Council held a Special Joint City/County Workshop
Meeting on the above date in the Council Chambers of Moab City
Offices, located at 217 East Center Street, Moab, Utah. Mayor David L.
Sakrison called the Pre-Council Workshop to order at 12:36 PM.
In attendance were Councilmembers Kyle Bailey, Sarah Bauman, Jeff
Davis and Gregg Stucki. In attendance from Grand County were
Councilmembers Bob Greenberg, Gene Ciarus, Chris Baird, Audrey
Graham, Pat Holyoak; County Clerk Diana Carroll, Building Inspector
Jeff Whitney and County Council Administrator Shawn Warnke. Also
in attendance from the City of Moab were City Manager Donna
Metzler, City Recorder/Assistant City Manager Rachel Ellison,
Planning Director Jeff Reinhart and Economic Development
Coordinator/Administrative Analyst Ken Davey. Seven (7) members of
the audience and media were present.
Building Inspector Whitney made a presentation regarding Green
Building Codes. Discussion followed.
Mayor Sakrison adjourned the Special meeting at 1:50 PM.
APPROVED: ____________________ ATTEST: ____________________
David L. Sakrison Rachel Ellison
Mayor City Recorder
SPECIAL MEETING &
ATTENDANCE
DISCUSSION
ADJOURNMENT
Resolution #08-2009
Resolution #08-2009
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE SUBDIVISION KNOWN AS ORCHARD PLACE SUBDIVISION
PHASES I - II, AND AUTHORIZING THE RELEASE OF THE PERFORMANCE
GUARANTY ASSOCIATED WITH SAID IMPROVEMENTS.
WHEREAS, the City of Moab (the “City”) and Joseph Robert Downard and Mary Lee Downard
(“Owner”) entered into a Subdivision Improvements Agreement dated January 16, 1997 (the
“Agreement”) covering the public improvements associated with the above named subdivision and
further described by the following legal description:
Beginning at a point which bears S. 175 ft. from the NE corner of the SE
¼ SE ¼ Sec. 35, T25S, R21E, SLB&M, and proceeding thence S. 485
ft., thence S. 89º43’ W. 1321.5 ft., thence N. 660 ft., thence W. 1070 ft.,
thence S. 175 ft., thence E. 250 ft. to the point of beginning and
containing 19 acres, more or less; and
WHEREAS, Owner posted collateral in the form of a Deed of Trust on real property naming the City
as beneficiary to guarantee the improvements required by the Agreement; and
WHEREAS, the City has determined that Owner has completed the improvements in accordance with
the terms of the Agreement; and
WHEREAS, pursuant to the terms of the Agreement, Owner is 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 Agreement referenced herein, specifically street improvements,
water system improvements, sewer system improvements, and storm drainage improvements located
within the subdivision and do hereby authorize the full release of Owner’s collateral. We further
authorize the City Manager to execute the necessary documents as attached to this resolution:
Substitution of Trustee, Request for Reconveyance and Request for Full Reconveyance with Lost
Document Indemnity after approval and execution of this Resolution.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 24th day
of April, 2009.
SIGNED:
______________________________
David L. Sakrison, Mayor
ATTEST:
__________________________________
Rachel Ellison, Recorder
SUBDIVISION IMPROVEMENTS AGREEMENT
For
Secret Cove Subdivision
The CITY OF MOAB, a Utah municipal corporation (hereinafter “CITY”), and Wanda
Secrest (hereinafter “SUBDIVIDER”) mutually referred to as the “Parties”, do hereby enter
into the following Agreement, pursuant to Moab Municipal Code (hereinafter: “City Code”)
Section 16.20, to cover the installation of subdivision improvements required by City Code
(hereinafter: the “Required Improvements”).
I. RECITALS.
A. SUBDIVIDER has submitted to the CITY for approval a proposed residential
subdivision plan designated Secret Cove Subdivision (hereinafter: the
“Subdivision” or the “Plat”).
B. The City Planning Commission as the designated advisory body, and the City
Council, as the designated land use authority, have fully considered said plat
and have heard and considered public comment regarding said plat pursuant to
city and state code.
C. The City Council approved the Plat at its regular meeting held April 14, 2009.
Said approval was conditioned on the execution of this Agreement.
D. SUBDIVIDER has submitted to CITY for its review construction plans and
specifications entitled Secret Cove Subdivision Construction Drawings (sheets
C1 – C6 inclusive), having been prepared by Keogh Land Surveying and
bearing the stamp of a licensed Professional Engineer (hereinafter: the
“Construction Plans”). Said plans show in sufficient detail the Required
Improvements for the Subdivision.
E. The Construction Plans have been reviewed and approved subject to such
modifications as may have been specified by the City Engineer.
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE PREMISES THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. Covered Property. The real property subject to this Agreement (hereinafter; the
“Property”) is a parcel of real property located in Grand County, State of Utah more
particularly described in the legal description attached as Exhibit A hereto.
2. Required Improvements. SUBDIVIDER will make all improvements to the property
shown on the Construction Plans including but not limited to the following:
(a) Site clearing and removal of obstructions
(b) General site grading
(c) Site utilities including but not limited to culinary water and sanitary sewer
(d) Streets, curb & gutter, and sidewalks
(e) Street striping and signage
(f) Stormwater drainage facilities
3. Standards for Improvements. The Improvements shall be completed in conformance
with the approved Construction Plans. All changes to the Construction Plans must be
authorized in writing by the City Engineer. In addition, all improvements shall be
completed in conformance with the City of Moab Public Improvement Specifications
and all state and federal regulations as applicable. Where discrepancies occur between
the Construction Plans and the listed reference standards, the reference standard shall
prevail.
4. Quality Assurance. All work shall be subject to quality assurance testing and
inspection as specified in the Construction Plans and/or applicable reference standards.
Quality Assurance testing shall be performed by a qualified testing company and
copies of detailed records of all test results shall be submitted to the CITY.
SUBDIVIDER may be required to uncover and replace any work that was not tested in
accordance with this paragraph. SUBDIVIDER or SUBDIVIDER’s authorized
representative shall provide 48 hours minimum notification to CITY as applicable
when inspection by City personnel is required. The SUBDIVIDER’s contractor
performing the work shall assistance to City personnel performing the testing as
appropriate. The costs associated with all quality assurance testing and inspection shall
be the responsibility of SUBDIVIDER.
5. Timeline for Completion. Construction of all Required Improvements for Property
shall be completed within two years from the date of this agreement. A reasonable
extension of time for the completion of improvements may be granted, at the discretion
of the City Council, upon a showing by the SUBDIVIDER that there is good cause for
an extension and that the work has been diligently prosecuted from the date of this
Agreement.
6. Acceptance of Improvements, Warranty. Upon satisfactory completion of the
Required Improvements as evidenced by inspection and/or test results as applicable,
the following Improvements shall be dedicated to the City:
(a) All culinary water and sewer improvements located within the City right-of-
way
(b) All street and sidewalk improvements
SUBDIVIDER warrants that all public improvements dedicated to CITY shall be
constructed in a workmanlike manner and in accordance with approved plans and
specifications, and that all such improvements shall be free of defects in materials and
workmanship for a period of one (1) year from the date of acceptance by CITY.
(a) SUBDIVIDER shall promptly repair or replace any defective work following
receipt of written notice under this warranty from the CITY.
(b) SUBDIVIDER additionally warrants that all public improvements shall be
delivered free and clear of any lien or encumbrance.
7. Performance Guaranty. Pursuant to City Code 16.20.060, SUBDIVIDER has elected
to post a performance guaranty with CITY in lieu of completing all Required
Improvements prior to recordation of the Plat.
(a) The amount of the performance guaranty shall be one hundred fifty six
thousand eight hundred dollars ($156,800), or one hundred fifty percent
(150%) of the estimated cost of all Required Improvements as determined by
the Subdivision Improvements Cost Worksheet attached hereto as Exhibit B.
(b) The form of the performance guaranty shall be a pledge of real property with
an estimated market value of two hundred twenty five thousand dollars
($225,000).
(c) Contemporaneous with the execution of this agreement, SUBDIVIDER shall
execute a Deed of Trust in favor of the CITY on Lots 1 and 4 as shown on the
Plat. Said Deed of Trust is attached hereto as Exhibit C.
(d) The performance guaranty shall be for the use and benefit of CITY and/or any
subcontractors, laborers, or suppliers providing labor or materials for
construction of the Required Improvements.
8. Final Release of Performance Guaranty. Upon completion of all Required
Improvements in accordance with the approved Construction Plans, SUBDIVIDER
may request a full reconveyance of the Deed of Trust on Lots 1 and 4.
(a) In order for SUBDIVIDER to receive final release, the following shall be
presented to CITY:
(i) A completed Final Bond Release Form supplied by CITY and signed
by SUBDIVIDER. Said form shall include SUBDIVIDER’s
Certification of Warranty for the completed improvements.
(ii) Copies lien waivers/releases from all contractors who performed work
on the project and all suppliers who supplied materials that were
incorporated into the work.
(iii) Written certification by SUBDIVIDER that all outstanding charges for
the Improvements have been paid and that there are no liens,
encumbrances, or other restrictions on the Improvements.
(b) Upon acceptance of a complete request for final release, City Engineer and
City Public Works Director shall verify that all Required Improvements are
complete and in accordance with the approved Construction Plans and Final
Plat.
(c) Upon written certification from City Engineer that SUBDIVIDER has
completed all of the required public and other subdivision improvements in
accordance with this Agreement, and that there are not liens, encumbrances or
other restrictions on the Improvements, and that such Improvements have been
inspected and approved by the City Public Works Director and the City
Engineer, the City Council shall execute a resolution verifying the acceptance
of the Improvements and authorizing the Mayor to execute a full reconveyance
of the Deed of Trust for Lots 1 and 4.
9. CITY’s Use of Performance Guaranty upon Default. Upon written certification by the
City Manager that the SUBDIVIDER has failed to perform its obligations under this
Agreement, within the time period set forth in this Agreement, and if the CITY intends
to proceed with the task of installing any or all of the Required Improvements covered
by this Agreement, the CITY may proceed with the sale of Lots 1 and 4. Any and all
proceeds from the sale of the lots must be used to pay for the completion of the
Improvements. If any funds remain upon completion of the Required Improvements,
they shall be payable to SUBDIVIDER or successor in interest.
10. Zoning Compliance. Certificates of Occupancy for structures within the Property shall
only be issued upon satisfactory completion and acceptance of all Required
Improvements as stipulated herein.
11. Default, Remedies, Lapse of Plat. All provisions of this Agreement are material and
any violation is grounds for declaration of Default. Prior to invoking any remedies for
Default under this Agreement the CITY shall deliver written notice to the
SUBDIVIDER describing the act, event, or omission constituting same, and allowing
SUBDIVIDER a period of not less than thirty (30) days in which to cure or abate the
violation. Cure within that period reinstates this Agreement.
(a) Upon declaration of default 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; an action to enjoin or
abate zoning violations; recording of a lapse of plat, in whole or in part; and
any other remedies available at law or equity, including specific performance
or injunctive relief.
(b) The recording of a lapse of plat by the CITY shall result in the reversion of the
approval of the subdivision. A lapse of plat shall terminate all previous
approvals and result in the elimination of platted lots for the affected property.
12. General Provisions. This Agreement shall be binding on and inure to the benefit of the
successors and assigns of SUBDIVIDER. Prior to assigning any or all of his/her rights
and duties under this Agreement, SUBDIVIDER shall obtain from any transferee a
written assumption acknowledging and agreeing to be bound by this Agreement.
(a) This Agreement is the product of mutual bargaining. All terms shall be
construed in accordance with their plain meaning, regardless of the extent to
which either party participated in the drafting.
(b) Failure of a party to exercise any right under this Agreement shall not be
deemed a waiver of any such right, nor shall any course of dealing or previous
action or inaction be deemed a waiver of any rights or claims arising with
respect to later or subsequent breaches, acts or omissions.
(c) The term “Agreement” includes this Improvements Agreement, all exhibits
hereto, the Final Plat/Plan for the subdivision, and all related design drawings,
which documents shall constitute the sole and complete Agreement between
the parties. The Agreement shall supercede all prior Agreements or
representations, however evidenced. No modifications to any of the terms of
this Agreement shall be binding, unless reduced to writing and lawfully
executed by both parties.
(d) The place of performance of this Agreement is Grand County, Utah. In the
event of any legal dispute concerning the subjects of this Agreement, the
parties stipulate to venue in the Seventh Judicial District Court, Grand County,
Utah. In any such proceeding the parties waive trial to a jury on all claims and
agree that the action shall be tried to the court.
(e) In any legal proceeding concerning the terms of this Agreement the
substantially prevailing party shall be entitled to recover its reasonable attorney
fees and court costs in addition to any other relief authorized herein.
(f) This Agreement shall be governed by Utah law.
(g) This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that;
(i) the Project is a private development;
(ii) the CITY has no interest in, responsibilities for, or duty to third parties
concerning any improvements to the Property, unless the CITY accepts
the improvements pursuant to this Agreement;
(iii) and except as otherwise provided herein, SUBDIVIDER shall have full
power and exclusive control of the Property.
(h) The provisions of this Agreement are severable, and if any portion should be
held to be void or unenforceable, then the remainder of this Agreement shall be
construed to be in full force without reference to the invalid provision.
(i) In the event of any legal dispute concerning this Agreement neither party shall
be liable to the other for consequential damages, lost profits, or delay related
damages of any kind.
(j) All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, and delivered to the following addresses:
To CITY:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To SUBDIVIDER:
Wanda Secrest
450 Mill Creek Drive
Moab, Utah 85432
Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab,
acting by and through the Moab City Council, which has duly authorized execution, and by
SUBDIVIDER as of the date(s) specified below.
CITY OF MOAB:
____________________________ ___________________
Mayor David L. Sakrison Date
ATTEST:
_____________________________ ____________________
Rachel Ellison Date
City Recorder
SUBDIVIDER: Wanda Secrest
__________________________ ____________________
Wanda Secrest Date
STATE OF UTAH )
)ss.
COUNTY OF GRAND )
The foregoing agreement was executed before me
by_____________________________, this _____ day of ____________, 20__. Witness
my hand and official seal. My commission expires: ______________________.
______________________________
Notary Public, State of Utah
Address: ______________________