HomeMy Public PortalAboutAGMT-IMPV-SMITHSUBDIVISION IMPROVEMENTS AGREEMENT
The CITY OF MOAB, a Utah municipality ("City"), and Michael W. Smith ("Owner") do
hereby enter into the following Agreement pursuant to Moab Municipal Code Section 16.20.060, to
secure performance of the installation of improvements as required as a condition for approval of the
Subdivision. For valuable consideration, the sufficiency of which both parties acknowledge, the parties
agree as follows:
1.1. Covered Property. The real property subject to this Agreement ("Property") is further described
in a legal description shown in the Final Plat/Plan attached as Exhibit A to this Agreement.
1.2. Required Improvements. Owner will develop the Property in conformity with the Final
Plat/Plan attached as Exhibit A. Owner hereby agrees to comply with all conditions placed
upon the approval as specified before the Moab City Council and agrees to pay to the City the
current estimated cost of the construction and installation of all improvements, including curb,
gutter and sidewalk, more particularly described in Exhibit B to this Agreement. Said payment
shall be made to the City upon execution of this Agreement. The City and the Owner agree that
immediate construction of said improvements is impractical at this time, due to uncertainties
regarding the future alignment of the road, curb, gutter and sidewalk, as well as the possible
change of the jurisdiction over the road from Grand County to the City. The City agrees to
place fiends paid into the City into an escrow account until such time as construction of the
road is deemed by the City to be practical, at which time the City shall take full responsibility
for completion of the required improvements. All improvements shall be dedicated to the City
upon completion.
1.3. General Provisions. This Agreement shall be binding on and inure to the benefit of the
successors and assigns of Owner in the ownership or development of all or any portion 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.
1.3.1. 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.
1.3.2. 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.
1.3.3. 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
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to any of the terms of this Agreement shall be binding, unless reduced to writing and
lawfully executed by both parties.
1.3.4. 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.
1.3.5. 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.
1.3.6. This Agreement shall be governed by Utah law.
1.3.7. This Agreement does not create any third party beneficiary rights. It is specifically
understood by the parties that; (a) the Project is a private development; (b) the City of
Moab has no interest in, responsibilities for, or duty to third parties concerning any
improvements to the Property, unless the City accepts the improvements pursuant to this
Agreement; and (c) except as otherwise provided herein, Owner shall have full power and
exclusive control of the Property.
1.3.8. 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.
1.3.9. 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.
1.3.10. 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 the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Owner:
Michael W. Smith
697 Mulberry Lane
Moab, Utah 84532
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Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time.
1N 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 Owner as of
the date(s) specified below.
CITY OF MOAB:
,,� 3
Mayor David L. Sakrison Date
ATTEST:
(2,4-'4-ad))
Ciat-r>"
Rachel Ellison
City Recorder
OWNER:
Smith
�4t.riNt( W
STATE OF UTAH
COUNTY OF GRAND
)§
Date
Co J
"3-7
-17-07
Date
The foregoing agreement was executed before me by Michael W. Smith, this nil day of
-]u iy , 2007. Witness my hand and official seal. My commission expires:
JLAil 30 � `2-b1 D .
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1 ' MEUSSA J Irmo M
J . Notary PubUc 1
I '�:.Y. My Comm. Expires Jun 30, 2010 Mote of Utah
1 217 E Center St Moab UT 04532
3
Notary Public, Se of tah
Address: Gill Y , ie,vilex
Moab, Ur S32
EXHIBIT B
SUBDIVISION IMPROVEMENTS COST WORKSHEET
v2 - revised from original pursuant to discussion between Applicant & City Engineer
PROJECT NAME: Alpine Subdivision
PHASE #: Single phase project
DEVELOPER/OWNER: Michael Smith
REQUIRED IMPROVEMENTS
Category
Sub -category
Line item description
Unit
Unit Price
Plan
Quantity
Item Cost
SITEWORK
EARTHWORK
None required
J
STREETS
SIDEWALK,
CURB &
GUTTER
30" Standard Curb & gutter, City spec. (complete)
LF
$ 16.00
129
$ 2,064
Flared Drive Approach (2 at 16' wide) - incl. thicked
sidewalk section (complete)
SF
$ 7.50
168
$ 11260
4" x 5' W. Concrete Sidewalk - detached (complete)
SF
$ 3.00
485
$ 11455
SIGNAGE
None required
LIGHTING
None required
UTILITIES
WATER
Water service lines (2) in place
SEWER
Sewer service lines (2) in place
POWER
Power service lines (2) in place
STORM
DRAINAGE
STORM
DRAINS
None required
DETENTION/
RETENTION
None required
OTHER
Dust Control
LS
$ 150.00
1
$ 150
Surveying - construction staking
LS
$ 450.00
1
$ 450
Quality Assurance Testing
LS
$ 200.00
1
$ 200
CITY APPROVAL:
By;
C
r
City Engineer,/
Total Estimated Construction Cost
i bate
$ 5,579
Pagel of 1