HomeMy Public PortalAboutAGMT-IMPV-HYATTCITY OF MOAB
RESOLUTION ##25-2017
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT WITH THE KAYENTA
GROUP, LLC FOR HYATT PLACE ON PROPERTY LOCATED AT 890 NORTH MAIN
STREET IN THE C-4 ZONE
WHEREAS, Mr. Mike Bynum of Business Resolutions and Mr. Mike Hogan, Hogan and Associates Construction
with offices at 940 N 1250 W, Centerville, UT 84014, acting on behalf of Kayenta Group, LLC, with offices
located at 50 West 100 South, Moab, Utah 84532, and being the owner of record of a 5.23 acre parcel of land
located in the C-4 General Commercial Zone at 890 North Main Street, Moab, Utah, received Planning Commission
approval of a commercial site plan for the property; and
WHEREAS, Owner is proposing to constniet a three-story, 118 room hotel that is approximately 74,160
square feet in size, a pool, the required 121 space parking area, overflow parking and landscaping as
proposed on the submitted drawings, plans and specifications; and
WHEREAS, the proposed uses are allowed in the C-4 as listed in Moab Municipal Code (MMC) Chapter
17.27.020, Use Regulations, for the C-4 General Commercial Zone; and
WHEREAS, Owner through its representatives, 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 other pertinent code sections; and
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed and conditionally
approved the development in a regularly scheduled public meeting for cornpliance with the requirements
of applicable MMC chapters on July 24, 2016.and again on February 9, 2017; and
WHEREAS, the City of Moab Engineering and Public Works Departments, through a review of the
submitted site plan for the development of said property, determined that required public improvements
needed to be constructed for the project; and prior to the issuance of a building permit, the Applicant must
execute a Development Improvements Agreement with the City of Moab for those improvements; and
WHEREAS, Owner furnished cost estimates for public improvements and agrees to construct the
improvements as attached to the Development Improvements Agreement as "Required Improvements".
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution 425-
2017, hereby approves the submitted Improvements Agreement (attached) with the Kayenta Group, LLC
for the Hyatt Place Project at 890 North Main 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 April 25, 2017.
David L. Sakrison, Mayor
ATTEST:
z
cuPA,Lo Stf,4-et
Rachel Stenta, Recorder
When Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
DEVELOPMENT IMPROVEMENTS AGREEMENT FOR
For
HYATT PLACE HOTEL
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Kayenta Group, LLC, a Utah limited liability company (Developer), enter into the following
Development Improvements Agreement (the Agreement), pursuant to Moab Municipal
Code (MMC) Sections 17.09.660, et seq. to govern the development of the subject
property and the installation of development improvements required by City Code.
I. RECITALS.
a. The Planning Commission recommended approval of the Hyatt Place site plan
application on February 9, 2017.
b. Developer has submitted to the City for review the construction plans and
specifications attached as Exhibit 1.
II. AGREEMENT
THE PARTIES AGREE AS FOLLOWS:
1. Covered Property. The recitals above are incorporated into this Agreement. The
real property in the County of Grand, State of Utah, subject to this Agreement (the
Property) is described as follows:
See Exhibit 2, commonly known as 890 North Main Street, Moab, Utah, Tax Parcel No.
01-036-0020.
2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City
fees applicable to the Development, including but not limited to, impact fees,
connection fees, building permit fees, and applicable inspection fees. Applicable fees
shall be calculated and paid at the time of connection or the time when the service is
performed.
a). The uses permitted in the Development shall correspond with the uses
authorized for the C-4 Zone under the Moab Municipal Code and shall
include a hotel and those related improvements as shown on the
Hyatt Place DIA
Page 3 of 9
federal regulations, as applicable.
5. Timeline for Completion. Construction of the Required Improvements shall not
commence until the Effective Date of this Agreement. Construction of all Required
Improvements shall be completed no later than three hundred sixty five (365) days from
the Effective Date of this Agreement.
a). A reasonable extension of time for the completion of the Required
Improvements may be granted, at the discretion of the City Council, upon
a showing by the Developer that there is good cause for an extension and
that the work has been diligently prosecuted from the Effective Date of
this Agreement. Without limiting this provision, good cause may include
an extension of time due to the need to complete building construction
prior to the completion of curbing, sidewalks, or landscaping, or as
otherwise needed to provide for orderly construction and avoid damage
to improvements in the course of other construction.
b). If the construction of the Required Improvements is not completed and
accepted within the timelines specified herein, or as lawfully extended,
then the Site Plan and all development approvals shall be deemed lapsed
and shall have no further effect.
6, Occupancy. No Certificate of Occupancy will be issued, and no occupancy shall be
commence, until such time as: I) all of the Required Improvements are completed in
accordance with this Agreement and Public Improvements are accepted by the City; and
ii) all other performance required by this Agreement have been completed.
7. Acceptance of Improvements, Warranty, Release Provisions. All of the Public
improvements be subject to quality assurance testing and inspection as specified in the
Construction Plans and/or applicable reference standards. Developer or its authorized
representative shall provide not less than forty eight (48) hours minimum notification to
City when inspection is required. The costs associated with such testing and inspection
shall be the responsibility of Developer. Any work which is rejected following inspection
must be repaired or replaced at the sole cost of the Developer. Any work which is covered
up prior to inspection may be rejected, in which case Developer shall be solely responsible
for exposing the work and arranging for inspection.
a). The acceptance by the City of the Public Improvements following
completion and satisfactory inspection shall constitute a dedication and
conveyance by the Developer to the City of all such improvements.
Developer shall convey all public improvements to the City free and clear
of any mechanic liens, claims, or other encumbrances.
Hyatt Place DIA
Page 5 of 9
9 Default, Remedies, Lapse of Plat/Plan. 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
Developer describing the act, event, or omission constituting a default, and allowing
Developer a period of 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: i) proceeding against the Warranty Deposit; ii).
withholding building permits, certificates of occupancy, or certificates of
zoning compliance; iii) obtaining an injunction to halt or abate zoning
violations or breaches of this Agreement; iv) recording an Affidavit of
Lapse of Site Plan, in whole or in part; v) commencing an action for
damages —including damages for costs incurred in completing, repairing,
or replacing Required Improvements or abating any violations; and/or vi)
any other remedies available at law or equity, including the remedy of
specific performance. The City may combine remedies in its discretion and
pursue some or all at different times, as may fit the applicable breach.
b). The recording of an Affidavit of Lapse of Site Plan by the City shall result in
the lapse of all prior land use approvals and the voiding of the Site Plan as
to the Property.
10. General Provisions. This Agreement shall be binding on and inure to the benefit
of the successors and assigns of the Developer in the ownership or development of all or
any portion of the Property. Assignment of this Agreement shall require the mutual
approval of the City and the proposed assignee, in writing.
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 phases thereof, 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 modification to any of the terms of this Agreement shall be binding,
unless reduced to writing and lawfully executed by both parties.
Hyatt Place DIA
Page 7 of 9
Moab, UT 84532
Attn: Mike Bynum
k). Notice may be delivered to such other parties or addresses as the parties
may designate in writing from time to time. A notice sent by mail shall be
deemed delivered no later than three (3) days from the date that it is
mailed,
I). Nothing in this Agreement shall be deemed to waive any governmental
or other immunity to which the City is entitled under law.
11. Indemnity. Developer shall indemnify and hold the City harmless with respect
to any third party claims, including claims for property damage, injury, or death, and any
demands, liabilities, causes of action, costs, or damages, including reasonable attorney's
fees, that may arise from any act or omission of the Developer, its members, managers,
employees, agents, or contractors in connection with the development of the
Subdivision and/or the performance of this Agreement.
12. Future Legislative Power. Nothing in this Agreement shall be construed to impair
or limit the future legislative power or zoning authority of the City.
13. Grading. All grading and soil disturbance undertaken in the development of the
Subdivision shall be performed in conformity with Appendix.) of the International
Building Code (IBC) as adopted by the City and the terms of any permit issued under the
City's Hillside Development Ordinance.
14. Effective Date. The effective date of this Agreement is the date when it is signed
by all Parties and the Council has approved the final plan of the Subdivision.
15. Recording/Release of Agreement. This Agreement constitutes an obligation
binding upon, and running with, the subject real Property. This Agreement shall be
recorded in the Grand County land records. Upon request of the Subdivider and
verification by the City that all terms and conditions of this Agreement have been
performed in full, the City shall promptly execute a release of this Agreement, which
may be recorded at the discretion of the Subdivider.
16. Counterparts. This Agreement may be executed in separate original
counterparts which, when combined, shall constitute the entire Agreement.
Exhibits:
1. Site Plan, Cost Estimates, and Construction Drawings;
Hyatt Place DIA
Page 9 of 9
Address:
STATE OF UTAH )
jss.
COUNTY OF GRAND j
The foregoing agreement was executed before me by the CITY OF MOAB by and
through Mayor David Sakrison and Rachel Sterna, Recorder, this 2/ day of
, 2017. Witness my hared and official seal. My commission expires:
MMIE HULCE
Notary Public - State of Utah
Comm. No. 6927a1
tvty Commission Expires on
Feb 2, 2021
1
OV1k-LQ-- ,
No Public, State of Utah
Address: 211.
-End of of Document-
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