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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 1 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 2 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 . _AM 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