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Home My Public Portal AboutAGMT-IMPV-MICHAUDCITY OF MOAB RESOLUTION #02-2016 A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR THE MICHAUD RENTAL UNITS LOCATED AT 165 WEST CENTER STREET INCLUDING ACCEPTANCE OF CASH -IN -LIEU FOR THE CONSTRUCTION OF IMPROVEMENTS TO FUTURE CURB, GUTTER, AND SIDEWALK WHEREAS, Tracy and Shari Michaud residing at 559 Sundial Drive Moab, Utah 84532, as the "Owners' of record of a .I8 acre (7,78I square feet) parcel of land located in the C-2 (Commercial Residential Zone) at 165 West Center Street, Moab, Utah, has applied for the approval of a commercial site plan on said property: and WHEREAS, Owners are proposing to construct a new two -unit structure for the intent of a short tern- rental business with the attendant parking, landscaping, and storm water structures as required by the Moab Municipal Code (MMC). NATHEREAS, the use of short terns rentals are a permitted use in the C-2 Zone as established in MMC Chapter 17.21.020: and WHEREAS, on August 10, 2016, Owners provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the commercial site plan as required in Code Chapter 17.09.660; and WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the required public improvements for the development of said property; determined that the constmction of required improvements at this time would be not be in the best interests of the city; and WHEREAS, Owner has agreed to a cash -in -lieu payment of construction as a prefened means to proceed with the development and will submit payment within thirty days of City Council approval of Resolution #02-2016. NOW,, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution 402-2016_ hereby approves the submitted Improvements Agreement (attached) for the Michaud Rental Units at 165 West Center Street and the Council directs the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on February 9, 2016. SI GNED„: , , David L. Sakrison. Mayor �� kTA.SST: !/} Rachel Stenta. Recorder r IMPROVEMENTS AGREEMENT The CITY OF MOAB, a Utah municipality (City), and Tracy Michaud and Shari Michaud (Developer) mutually referred to as the Parties, hereby enter into the following Improvements Agreement: 1. RECITALS. A. City has exercised its zoning powers with respect to a land use project undertaken by the Developer. B. Developer intends to develop the property located at 165 West Center Street, Moab, Utah, currently referred to as the Michaud Studio, Rental & Residence Project (the "Project"). C. Developer has submitted, and the City has approved, all site plans and specifications for the Project. D. The Parties have identified certain deficiencies in West Center Street which would be impacted by the Project, and which would ordinarily require that Developer upgrade the curb, gutter, and sidewalk along the street frontage of the property in conjunction with its planned construction of the Project. E. The City plans to undertake future upgrades of West Center Street for reasons unrelated to the Project, and the parties agree that a cash contribution by Developer should be applied toward the cost of future improvement to West Center Street, which will encompass improvements which would otherwise be required by Developer. II. AGREEMENT 1. Incorporation of Recitals. This Agreement incorporates the Recitals above. For valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows. 2. Covered Property and Improvements. The Project is located at 165 West Center Street, Moab, Utah, referred to as the Michaud Studio, Rental & Residence Project. The parties acknowledge that as part of its development obligations Developer would be required to install the street related improvements described below (the Project Improvements), which are necessary and useful for the occupants and users of the Project: 6" Curb and gutter (with 4" base) 65 LF $20.00 $1,300.00 20' Driveway Approach (with 4" base) 1 EA $1,000.00 $1,000.00 5' Wide Sidewalk (with 4" base) 325 SF $4.00 $1,300.00 2' Wide Asphalt Patch (with 4" base) 170 SF $5.00 $850.00 Total $4,450.00 3. Developer Deposit. As an accommodation to Developer, and in lieu of being required to upgrade the frontage of the property by installing the Project Improvements adjacent to the Project, the Developer agrees to pay, and the City agrees to accept the sum of four Page 2 of 4 thousand four hundred fifty dollars ($4,450.00) from Developer (the Payment in Lieu). This sum will paid contemporaneous with approval of the final Site Plan for the Project, but in any event no later than thirty (30) days from the date of execution of this Agreement by all parties. 4. Application of Payment in Lieu. The City shall apply the Payment in Lieu, together with other funds held by the City, towards the following: street improvements to West Center Street to be installed between 100 West and Shields Lane. The work shall be undertaken by the City without further cost to the Developer. The timing and conduct of the construction shall be at the discretion of the City. In exchange for the City undertaking to accept and apply the Payment in Lieu, as described in this Section Four, the Developer shall be released from its obligation to construct the Project Improvements and waives any claim for refund of the Payment in Lieu. 5. Approval. Upon receipt of the Payment in Lieu the City shall be deemed to have approved all site plans and specifications for the Project and Developer shall be authorized to commence construction of those portions of the Project in accordance with the approved site plans and specifications. 6. Other Obligations. Nothing in this Agreement shall be deemed to abrogate Developer's obligation to pay applicable impact fees, connection fees, building permit, or other similar fees which may apply at later stages of the Project. 7. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of Developer in the ownership or development of all or any portion of the Project or the Covered Property. Prior to assigning any or all of his rights and duties under this Agreement Developer 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. A11 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. The term "Agreement" includes this Improvements Agreement, 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, pertaining to the matters covered herein. 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. (c) Page 3 of 4 (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 of Moab has no interest in, responsibilities for, or duty to third parties concerning the Project, unless otherwise provided in this Agreement; (iii) except as otherwise provided herein, Developer shall have full power and exclusive control of the Covered 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. 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) A11 notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, and delivered to the following addresses: (i) To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: Tracy Michaud Shari Michaud 559 Sundial Drive Moab, Utah 84532 (k) Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. (1) All parties acknowledge that this is a fully valid and binding agreement, entered into after having obtained all necessary authority. Page 4 of 4 Approved and accepted on the date(s) set forth below. CITY OF MOAB David L. Sakrison Date Mayor ATTEST: Rachel Stenta City Recorder DEVELOPER Tracy Michaud Owner liari Michaud Owner Date Date &//A Date 00'04ti`t+$ 00 0$ D0 05b'17$ 00 05b`b$ 00'09ti'v$ 00.05V'b :Pallddtl laaol :Noes yse0 :#unowv paiapual ZLb Ioal-10 S33j 2=3471013A3fl L£Z9£67 1S 2:131N30 1SMA 994 2iO3 1N3I/V33?:leV S1NM3A021dW1-011VH01W NVHS ADVaL OneHom I?�`dHS'S AD J L _aoi[ed WV89:44 940Z/Z4/Z0=dunelsauJil 960Z/Z4/Z0 :ale❑ ldiaaa�f 992.0L4 :oN icipaati Cz45'6gZ-9£17 ZE9178 In 'avow 1.994s Jewao q.seE L 4 Z uogeiodaoa qeoini