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HomeMy Public PortalAboutRES-CC-2016-38CITY OF MOAB RESOLUTION #38-2016 A RESOLUTION APPROVING THE DEVELOPMENT IMPROVEMENTS AGREEMENT WITH JPK TR MOAB II, LLC, A SOUTH DAKOTA LIMITED LIABILITY COMPANY, FOR THE SLEEP INN MAIN STAY SUITES ON PROPERTY LOCATED AT 356 SOUTH MAIN STREET IN THE C-3 ZONING DISTRICT WHEREAS, JPK TR Moab II, LLC, "Applicant," provided the City of Moab with the necessary documents, plans and drawings to complete the review of the Site Plan application of the proposed Sleep Inn Main Stay Suites Hotel as required in Moab Municipal Code (MMC) Chapter 17.09.660 and other pertinent code sections; and WHEREAS, Applicant desires to construct a three-story, 87-room motel that is 51,380 square feet in size that will include a pool, required parking, landscaping and associated improvements on the described property; and WHEREAS, the proposed hotel is a permitted use in the C-3 (Central Commercial) Zone; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing for compliance with the requirements of MMC Title 17, Site Plan Review October 27, 2016 and subsequent to the hearing unanimously adopted Planning Resolution #16-2016 and found that the development met or can meet the requirements of MMC Title 17 with conditions; and WHEREAS, Applicant is required to complete public and other improvements for the Development; and WHEREAS, A Development Improvements Agreement between the City and Applicant is required as a condition of approval in order to provide for the completion of, and financial assurance for, the required improvements for the development; and WHEREAS, the Development Improvements Agreement has been presented to this meeting of the Moab City Council; and NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #38-2016 hereby approves the Development Improvements Agreement with JPK TR Moab II, LLC, and authorizes the appropriate officials to execute and deliver said agreements. PASSED AND APPROVED in an open meeting by a majority vote of the Governing Body of Moab City Council on December 13, 2016. SIG David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #38-2016 Page 1 of 1 DEVELOPMENT IMPROVEMENTS AGREEMENT For Sleep Inn Main Stay Suites For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and JPK TR Moab II, LLC, a South Dakota limited liability company (Developer) mutually referred to as the "Parties", enter into the following Development Improvements Agreement (the Agreement), pursuant to Moab Municipal Code Section 17.09.660 et seq., to govern the development of the subject property and the installation of required improvements. I. RECITALS. A. On (V 91 , 2016 the City Planning Commission approved the application for the construction of a hotel located at 356 South Main Street (the Project), subject to five conditions: 1. The Applicant must execute a Development Improvement Agreement with the City of Moab defining all public improvements and guarantee amounts, off -site sanitary sewer payment -in -lieu amounts (for 100 West and Walnut Lane), and off -site sanitary sewer improvements adjacent to the project that are required to be completed prior to the issuance of a Building Permit. 2. The Applicant must submit all final design plans for off -site sanitary sewer improvements adjacent to the Project and all recorded sanitary sewer easements on adjacent property(ies) for review and approval by the City Engineer prior to the issuance of a Building Permit. 3. The Applicant must provide an off -site sanitary sewer payment -in -lieu amount for sanitary sewer improvements in 100 West and Walnut Lane with a final amount yet to be determined (but not to exceed $75,000) prior to the issuance of a Building Permit. 4. The Applicant must provide an Approved UDOT Access Permit for the project prior to the issuance of a Building Permit. If any revisions to the City of Moab Approved Site Plan occur through the UDOT access permitting process, the Applicant will be required to amend or modify the City approved Site Plan which could include additional processing and/or approval by the City. 5. The Applicant must provide an Approved UDOT Right -of -Way (ROW) Encroachment Permit for the construction off all utility, sidewalk, and other improvements within UDOT ROW prior to the start of construction on the project. B. Developer has submitted to the City its preliminary design drawings, which show in sufficient detail the required improvements for the Project. Sleep Inn Development Improvements Agreement Page 2 of 10 II. AGREEMENT IN CONSIDERATION OF THE ABOVE, 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 is described as set forth in Exhibit 1, attached (the Property). 2. Payment of Fees; Approved Land Uses. Developer agrees to pay all in -effect City fees applicable to the Project, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid, and service obligations established, at the time of connection or the time when the service is performed. a). The Project shall include an eighty seven (87) room hotel, parking, and related improvements, as depicted in Exhibit 2, attached. 3. Required Improvements and Approvals. Developer shall construct all of the improvements on and adjacent to the Property shown on the Development Improvement Schedule attached as Exhibit 3 (the Required Improvements). Required Improvements shall include the Public Improvements, as shown in Exhibit 4 Construction Cost Estimate, attached, as well as the following: (a) Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; (b) Streets, curbs, gutters, and sidewalks; (c) Street striping, signage, and street lights; (d) Storm water drainage facilities; (e) Non -motorized pathways; (f) All landscaping, irrigations systems, fencing, or other visual screening; (g) all electric utility lines, cable television/data, and telephone lines; and (h) all incidental improvements necessary or specified for use and occupation of the Property. 4. Payment in Lieu of Project Sewer Improvements. The Parties have conferred and determined that certain deficiencies in the Walnut Lane sewer line would be impacted by the Project, and the Developer would ordinarily be required to upgrade same in conjunction with its planned construction of the Project. However, the City plans to undertake other sewer system upgrades in the vicinity (including, but not limited to, the South Trunk Line sewer project) for reasons unrelated to the Project. The timing of construction of those improvements is uncertain at this point. Depending on the pace of development, those improvements may eliminate the need for the upgrades to the Walnut Lane sewer line. To address the uncertainty, the parties agree that Developer shall deposit a sum of money with the City to cover those possible Walnut Lane sewer Sleep Inn Development Improvements Agreement Page 3of10 improvements, which sum will be held and/or spent as specified in this Agreement. a). In lieu of being required to upgrade the Walnut Lane sewer, Developer shall deliver to the City the sum of sixty two thousand dollars ($62,000.00) (the Payment in Lieu) no later than fifteen (15) days from the effective date of this Agreement. The Payment in Lieu will be held by the City in a non -interest bearing account, and may be comingled with other City funds as it deems necessary. The parties agree that: i) the Payment in Lieu amount represents the Developer's proportionate share, on an equivalent residential unit (ERU) basis, of the anticipated cost of the Walnut Lane sewer improvements; and ii) the Payment in Lieu is a sum which is equal to or less than the cost of sewer project improvements which Developer would otherwise have to construct for the use and occupancy of the Project. b). The City will apply the Payment in Lieu towards the following Walnut Lane (and adjacent) sewer improvements: design and engineering; approximately 600 linear feet of 24" sewer main (or equivalent); manholes; lateral connections; bypass pumping; asphalt, concrete, and surface excavation; surface restoration and miscellaneous costs. The work shall be undertaken by the City at no further cost to the Developer. The timing of the work and the specific design features of the sewer improvements shall be committed to the sole discretion of the City. c). The Payment in Lieu shall be in addition to all other impact fees, connection fees, building permit fees, or other fees which may be applicable to the Project. d). In its discretion, the City may combine the Payment in Lieu with other funds for the construction of the Walnut Lane sewer improvements. However, if construction of the Walnut Lane sewer improvements is not substantially completed within ten (10) years of the Effective Date of this Agreement, then the City shall promptly refund the Payment in Lieu to the Developer upon its written request. 5. Conveyance of Easements. Developer shall convey to the City a total of five (5) easements in connection with the development of the Property as follows: i) Off -site Sewer Easement Exhibit 5; and ii) Utility Easement, Pedestrian Path Easement, Sewer Easement, Exhibit 6; and Shared Access Easement, Exhibit 7. The final form of those easements shall be as mutually agreed between the parties. The Easements shall be executed and delivered to the City in recordable form no later than fifteen (15) days from the Effective Date of this Agreement. 6. Improvements to be Completed in Conformity with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Sleep Inn Development Improvements Agreement Page 4 of 10 Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, applicable building codes, 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. 7. 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 within 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. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the development approvals shall be deemed lapsed and shall have no further effect. 8. Occupancy. No Certificate of Occupancy shall be issued, and no occupancy shall commence, until such time as: i) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; and ii) all other performances required by this Agreement have been completed. 9. Acceptance of Public Improvements, Warranty. All of the Public Improvements shall 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 (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. Sleep Inn Development Improvements Agreement Page 5 of 10 b). Developer warrants that all Public Improvements dedicated to the City shall be constructed of new materials, in a workmanlike manner, 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 the City. Developer shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Developer shall deposit with the City the sum of eight thousand one hundred thirty three dollars ($8,133.00), which sum is equal to ten percent (10%) of the construction cost, as described in Exhibit 4, for Public Improvements (the Warranty Deposit). The Warranty Deposit shall be delivered to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. d). The Warranty Deposit shall be paid by the Developer before issuance of a building permit. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Developer upon expiration of the warranty period for the subject improvements. In the event of any default following delivery of written notice to Developer with respect to Developer's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Developer additionally warrants that all Public Improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the Public Improvements. 10. Zoning Compliance; Permits. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements. a). Developer shall deliver to the City a copy of: i) the access permit issued by the Utah Department of Transportation (UDOT); and ii) the approved right of way encroachment permit for the construction of all utility, sidewalk, and other improvements within the UDOT rights of way. The permits shall be delivered prior to issuance of a building permit. 11. Default, Remedies, Lapse of Site 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) Sleep Inn Development Improvements Agreement Page 6 of 10 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 a 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. 12. Recording. This Agreement shall be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. 13. 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 Development Improvements Agreement, all exhibits hereto, the Final Site Plan, 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. 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 agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially Sleep Inn Development Improvements Agreement Page 7 of 10 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 any private improvements to the Property, and the City has no responsibility for public improvements unless/until the City accepts dedication pursuant to this Agreement; and iii. except as otherwise provided herein, Developer 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 invalid 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 arising from 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, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager To Developer: JPK TR Moab, 11, LLC P.O. Box 15 Aberdeen, SD 57402-0015 Attn: James P. Koehler 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. Sleep Inn Development Improvements Agreement Page 8 of 10 I). Nothing in this Agreement shall be deemed to waive any governmental or . other immunity to which the City is entitled under law. m). This Agreement is a valid and binding obligation executed after obtaining all necessary authority required of the Parties. 14. 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 Property or the performance of this Agreement. 15. Future Legislative Power. Nothing in this Agreement shall be construed to impair, limit, or abrogate the future legislative power or zoning authority of the City. 16. Minor Plan Amendments. The City Planner shall have the authority to authorize in a writing designated as a Minor Plan Amendment such minor changes as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions , engineering difficulties, or design problems, provided that all such changes must be consistent with the overall intent and purpose of this Agreement. 17. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties as set forth below. 18. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: 1, Project Site Legal Description; 2. Site Plan; 3. Required Improvements; 4. Public Improvements, Construction Cost Estimate; 5. Off -Site Sewer Easement; 6. Utility Easement, Pedestrian Path Easement, and Sewer Easement; 7. Shared Access Easement. 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 Developer as of the Sleep Inn Development Improvements Agreement Page 9 of 10 date(s) specified below. CITY OF MOAB: r\ Mayor David L. Sakrison ATTEST: a Rachel Stenta City Recorder DEVELOPER: JPK TR MO B, II, LLC is-lt7 Date I1,)-1Lo 1 Date s P. Koehler, Mem.er Date STATE OF UTAH )ss. COUNTY OF GRAND The foregoing Development Improvements Agreement was executed before me by ika..4j v VaVi d L Setbri �p� , this Nth- day of "D2,044:Laii , 2011L. Witness my hand and official seal. My commission expires: -15 aCi t 1 r's� RACHEL E. STENTA 1 r `�, Notary Public ,� w,�State ot 4�� Comm. No. 679999 I tity Comm. Expires Dec 15, 2018irloperoupispiemeowwwwiriumgris I Notary Public, State of U��tah...��"" "" Address: �o 1-7Ci Ate- 1 C MbalOi tk-r 0'*3?, Sleep Inn Development Improvements Agreement Page 10 of 10 STATE OF UTAH COUNTY OF GRAND ) )ss. The foregoing Development Improvements Agreement was executed before me byr cLckei , this Ito day of 'Thrc_Q_+mbo.✓ , 2011.0 . Witness my hand and official seal. My commission expires: 12_ z$ -Ito k-Ofx 1/ chi CL c _ GO Saki-k l ICE r� STATE OF UT{AII I ) T3 row r , )ss. COUNTY OF GfZAf�D ) Notary Public, State of Utah Address: 2.17 T. DANIELLE GUERRERO Notary Public State of Utah Comm. No. 661693 My Comm Fxpires Dec 28, 2016 The foregoing Development Improvements Agreement was executed before me by ina-^s P 4<oe I eY , this gt4' day of APT bra , 201 t . Witness my hand and official seal. My commission expires: (0-a4-I-D-0o Not �2 Gs. c>6¢ c� Public, State of-Ntala S ty D 1&)+c,_ Address: rbe,-c ee,,. -End of Document- -Exhibits Follow- EXHIBIT 1 Surveyor's Certificate l; Lucas Blake; certify that 1 am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below; and have subdivided said tract of land into lots and streets hereafter to be known as TKO SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Boundary Description Beginning at a point North 0°05113"East 523.6 feet along the section line from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 0°05'13" East 520.32 feet (Record = NO°09129"E 530 ft) along the section line; thence North 84°00'00" East 29.90 feet; thence North 48.26 feet (Record = North 40.27 ft); thence North 84°00'00" East 264.34 feet along the zions bank parcel to a point on the westerly right of way line of Main Street also known as Highway 191; thence 258.04 feet along a 4971.15 foot radius curve to the left with a central angle of 2°58'27" (chord bears South 5°19'53" East 258.02 feet) along said right of way line; thence South 84°00'00" West 138.44 feet; thence South 1°49'46" West 151.41 feet to the Northwest Corner of lot 12, Uranium Village Subdivision plat A, Block 5; thence South 85'07'00" West 19.93 feet along the Osteen parcel; thence South 8°51'00" East 177.08 feet (Record = 58°51100"E 184.4 ft) along the Osteen parcel ; thence West 182.65 feet (Record = N89°44'05"W 154.33 ft) along the Moral and Lee parcel to the point of beginning. I i trnc EXHIBIT 1 Surveyor's Certificate I; Lucas Blake; certify that I am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below; and have subdivided said tract of land into lots and streets hereafter to be known as TKO SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Boundary Description Beginning at a point North 0°05'13"East 523.6 feet along the section line from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 0°05'13" East 520.32 feet (Record = NO°09129"E 530 ft) along the section line; thence North 84°00'00" East 29.90 feet; thence North 48.26 feet (Record = North 40.27 ft); thence North 84°00'00" East 264.34 feet along the zions bank parcel to a point on the westerly right of way line of Main Street also known as Highway , 191; thence 258.04 feet along a 4971.15 foot radius curve to the left with a central angle of 2°58'27" (chord bears South 5°19'53" East 258.02 feet) along said right of way line; thence South 84°00'00" West 138.44 feet; thence South 1'49'46" West 151.41 feet to the Northwest Corner of lot 12, Uranium Village Subdivision plat A, Block 5; thence South 85°07'00" West 19.93 feet along the Osteen parcel; thence South 8°51'00" East 177.08 feet (Record = 58°51100"E 184.4 ft) along the Osteen parcel ; thence West 182.65 feet (Record = N89°44'05"W 154.33 ft) along the Moral and Lee parcel to the point of beginning. Woe Ph:slo•rt GALL straw YOU DIM WNW extwINe m . nes ARE *ON ON RAM PON We coNvEaaelvr or ne- coNtRALT IR ONLY. fl! OONLRACMIR ES R25Porrs:RE rcx+ M{,�A�11d/ NV PROIC6TIOII OP ALL ulnlnY s TIe okliN9I1 mAm NO IO[pbWNUTY !q[ unt IT/PS W7t 6140$44 CAR /MOWN nKallfaeRr. AN ., C..A.FIr PLAN: C sl T1 LANDSCAPE MATERIALS LEGEND _.. et — MAIN STREET 15 GALLON CONTAINERS 2 CRATAEGUS PHAENOPYRUM PISTACIA 0-1Neres PYRUS GALLERY/4 1 ARISTOCRAT 8 'CLEVELAND SELECT' 5 R EDSPIRP ROBINIA W LRPL E ROBE' NEW BUILDING L.ANUSCAPF ROc.K RIVES COBBLE GRASS eSUM OIRIIMPLN RIMIAtSHOVR4 tMUNDO! R1ANIVATOASR FOOT PATH ACCESS WASHINGTON HAWTHORN P19TACME ORNAMENCTALPEARS. ARISTOCRAT PEAR C,LEVELAND SELECT PEAR REPSPIRE. PEAR hR:RP;. F POOP LOCUST 0 4141110N POTS * 12 ABEUA MISS t FMOU a Q " 40 3 COTRNU5 COGGYGRIA HZ HESPF_RAL.OF f'ARVIFI ORA 1 UCiLASTRU0.: OVAUFODUM'AURELIM 24 MAHONIA AOUIFODUM'COMPACTA' 89 NANDINA 4ITIEFOWER 13 NANDNNA GULL; STREAM' NANDLNA.'OBS.E.SSION' NERIUM COLANDER 'LITTLE RELY PEROVBKIA A T RIPL.ICIF OLIA RHOS flMLOHA TA'GRO LOW ROSAz'NOASPLASH' SALVIA MICROPHYLLA x ' E F YUCCA FIDAMFNTOSA'GOLDEN SWORD' PERENNIALS: 1 GALLON POTS Y• 19 • 7 • 27 O 84 • T © 13 ® 31 ACHILLE& CORONATION GOLD' HEMEROCALLIS ■'STE LA DE ORO LAVANDULA ANGUSTIFOUA'FOLGATE NEPETA x FAASSENII NOVANEPAIN' SALVIA EWE MARVEL' MCA MW0R'214HAFS' VINCA MINOR ATROPURPI REA' muses: S eAILON POTS • 31 M 3R • S 4 HEUCTOTR K>ON SEMPERVIRENS LESOPE MIRICARI 1AUHLENSE K4 A CAPILLARLS 1EHC.A' MISS LEMON ALL LA SMOKE BUSH RED YUCCA GOLDEN PRIVET COMPACT OREGON GRAPE 1 LOU.Y t IREPOWETL HEAVENLY BAMBOO GULF STREAM HEAVENLY RAmFLOO ORSFSSION HFAVENL Y SAMSOO LRILF RFD OLEANDER RUSSIAN SAGE GRO-LOW SUMAC FLOWER CARPET ROSE. HEATWAVF BLAST SmIE. GOLDFN SWORD * JOEA CORONATION GOLD YARROW DAYLII.Y LAVENDER CATMINT SAGE BO'WI"S COMMON PERIWINKLE WINE CONIMCNJ PERMIINKIF. BLUE OAT GRASS AZTEC CAIA.SS PE [iM 41,,51' PLNFCI LLIALt CRASS, PENNISETUM hIOPFCUROIDES'MOLIDRY' BLACK FLOWERING FOUNTAIN GRASS PEMWSEIUM _7RIENTALE'KARLEY ROSE' ORIENTAL FOUNTAIN GRASS ANNUALS: I GA ON POTS 3D (SPECIES Tay G %O' 40' SGAI.E, 1°=20' v 2 N 4 co PYRIGHT 2 U 1-19-16 DATE JOB NUMBER: n=20' SCALE: SA DRAWN: JM CHEC s ' JfEfPBRY JONM .� DESIGN ASSOCIATES INC. ARCHITECTURE S CONSULTING ENGINEERS N Q N LO �k X ti Q p`. N Z x OO _J m § a t— N ST. GEORGE UTAH €34770 LANDSCAPE PLAN co SI.. co HQin 0 F- 2oes _ O rr Z a. W cD IY 3a, Al .1 OF SHEETS ENGINEER'S ESTIMATE OF PUBLIC IMPROVEMENT CONSTRUCTION COST Exhibit #3 Exhibit #4 SLEEP INN • MAIN STAY SUITES CITY OF MOAB, UTAH 12/6/2016 ITEM NO. CONTRACT ITEM UNIT QUANTITY Unit Cost Total 1 EXISTING CURB, GUTTER AND DRIVEPAD DEMOLITION SY 120 $ 10.00 $ 1,200 2 CAP & ABANDON EXISTING WATER SERVICE EA 1 $ 500.00 $ 500 3 EXISTING MANHOLE REMOVAL & DISPOSAL (<10' DEPTH) EA 2 $ 1,000.00 $ 2,000 4 TEMPORARY SEWER BYPASS PROVISIONS LS $ 5,000.00 $ 5,000 5 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 8' WIDE x 4" THICK CONCRETE SIDEWALK PER UDOT STANDARDS, INC. SUBGRADE PREPERATION LF 160 $ 90.00 $ 14,400 6 NEW ACCESSIBLE RAMPED DRIVEWAY PER UDOT STANDARD DRAWING GW 4A, 7" THICK DRIVE PAD (36' DRIVEWAY WIDTH) EA 1 $ 2,500.00 $ 2,500 7 NEW 5' WIDE x 4" THICK PEDESTRIAN SIDEWALK PER MOAB CITY STANDARDS, INC. SUBGRADE PREPERATION 5Y 130 $ 45.00 $ 5,850 8 NEW CONCRETE STEPS ON GRADE, INCLUDING HANDRAIL LS 1 $ 1,500.00 $ 1,500 9 3/4" ROAD BASE (8" DEPTH) CY 25 $ 35.00 $ 875 10 NEW 8" SEWER MAIN (0-5' DEPTH) LF 200 $ 50.00 $ 10,000 11 NEW 8" SEWER MAIN (5.10' DEPTH) LF 275 $ 60.00 $ 16,500 12 NEW 8" SEWER MAIN (10-15' DEPTH) LF 30 $ 80.00 $ 2,400 13 NEW 48" STANDANDARD MANHOLE, INC. CONNECTION TO EXISTING SEWER MAIN EA 3 $ 4,200.00 $ 12,600 14 NEW 60" DROP MANHOLE EA 1 $ 6,000,00 $ 6,000 Total Estimate $ 81,325 GOFF I S"hl HILL 1. •INVEll Nit INV EXHIBIT 4 ENGINEER'S ESTIMATE OF PUBLIC IMPROVEMENT CONSTRUCTION COST SLEEP INN - MAIN STAY SUITES CITY OF MOAB, UTAH 12/6/2016 ITEM NO. ' CONTRACT ITEM UNIT QUANTITY Unit Cost -.'Total. 1 EXISTING CURB, GUTTER AND DRIVEPAD DEMOLITION SY 120 $ 10.00 $ 1,200 2 CAP & ABANDON EXISTING WATER SERVICE EA 1 $ 500.00 $ 500 3 EXISTING MANHOLE REMOVAL & DISPOSAL (<10' DEPTH) EA 2 $ 1,000.00 $ 2,000 4 TEMPORARY SEWER BYPASS PROVISIONS LS $ 5,000.00 $ 5,000 5 NEW STANDARD 30" CURB & GUTTER WITH ATTACHED 8' WIDE x 4" THICK CONCRETE SIDEWALK PER UDOT STANDARDS, INC. SUBGRADE PREPERATION LF 160 $ 90.00 $ 14,400 6 NEW ACCESSIBLE RAMPED DRIVEWAY PER UDOT STANDARD DRAWING EA 1 $ 2,500.00 $ 2,500 7 NEW S' WIDE x 4" THICK PEDESTRIAN SIDEWALK PER MOAB CITY STANDARDS, INC. SUBGRADE PREPERATION SY 130 $ 45.00 $ 5,850 8 NEW CONCRETE STEPS ON GRADE, INCLUDING HANDRAIL LS 1 $ 1,500.00 $ 1,500 9 3/4" ROAD BASE (8" DEPTH) CY 25 $ 35.00 $ 875 10 NEW 8" SEWER MAIN (0-5' DEPTH) LF 200 $ 50.00 $ 10,000 11 NEW 8" SEWER MAIN (S-10' DEPTH) LF 275 $ 60.00 $ 16,500 12 NEW 8" SEWER MAIN (10-15' DEPTH) LF 30 $ 80.00 $ 2,400 13 NEW 48" STANDANDARD MANHOLE, INC. CONNECTION TO EXISTING SEWER MAIN EA 3 $ 4,200.00 $ 12,600 14 NEW 60" DROP MANHOLE EA 1 $ 6,000,00 $ 6,000 81,325 GOFF ;eineiIst: tn't' When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Exhibit #5 DEED OF UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Chris Robb, Shawn B. Robb, Betty Jo Robb, and Val Rob (collectively: Grantor) hereby grant and covey the following easement to the City of Moab, a Utah municipality (Grantee), as follows: 1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive easement for ingress/egress, construction, maintenance, repair, and replacement of municipal facilities over and across the lands described in Exhibits A and B, attached, situated in the County of Grand, State of Utah. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easement, and shall be entitled to utilize same for all purposes that are consistent with the rights accorded to the Grantee under this deed. However, any improvements installed by Grantor within or upon the Easement which interfere with the intended uses or purposes, or which otherwise violate this deed may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easement shall be binding upon the parties and their respective successors and assigns in title, and the Easement shall burden the subject real property of the Grantor in perpetuity, unless abandoned upon execution and recording of a written notice of abandonment duly executed by Grantor and Grantee. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easements and utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, of any improvements constructed within the Easement, or which may be constructed in the future. Grantee shall restore the surface of the Easement to the approximate condition existing prior to disturbance following all construction or maintenance activities. All construction, maintenance, or repair activities of the Grantee shall be undertaken at its sole cost and expense. a. Grantor shall be solely responsible for repair, replacement, or restoration of any improvements within the Easement which may be damaged or altered as a result of any act or omission of Grantor, its agents, employees, or contractors. I. 5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access to the other party, or otherwise engage in any actions or conduct which would have the effect of preventing or obstructing the uses authorized by the Easement. 6. Sewer Pipeline Easement. The Easement shall be used by the Grantee for the installation, maintenance, repair and/or replacement of a municipal underground sewage pipeline, including incidental surface facilities such as manholes, inlets, cleanouts, or the like. Grantee shall be authorized to engage in any activities, or construct any improvements, within or upon the Easement which are consistent, necessary, or incidental to these purposes. 7. Governing Law; Jury Waiver. This deed is governed by Utah law. The exclusive venue for any dispute arising under this deed shall be the courts of Grand County, Utah. Any dispute arising under this deed shall be heard by the court sitting without a jury, regardless of the denomination of any such legal claims. 8. Remedies; Costs. Depending on the nature of the dispute, this deed may be enforced in an action for specific performance, damages, or both. In any action seeking specific performance or injunctive relief the moving party shall be entitled to obtain such relief without the necessity of posting bond of any type. In any dispute arising under this deed the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 9. Authority; Modification. This deed is a valid and binding obligation duly executed after both parties have obtained the necessary authority. The terms of this deed are not subject to modification, except upon execution of a writing duly executed by both parties providing for such modification. Conveyed and agreed as of the date of execution by all parties, below. Grantor: Chris Robb By: Shawn B. Robb BY 4*Via'gr-50—k 2 Date Date By: 1�1 Date ACKNOWLEDGMENT The foregoing Deed of Utility Easement was executed before me this eday of �P.CPunL9er , 2016 by Chris Robb, Shawn B. Robb, and Betty Jo Robb. Witness my hand and official seal. My commission expires: 4-- L - 2.D1 �^ JACQUELINE MUIR NOTARY PUBLIC - STATE OF UTAH My Comm. Exp. 04/06/2019 Commission # 682514 Grantee City of , oab By: Mayor David Sakrison Notary Public, Staof Utah. Address: Vi(M.G.P� 3 Zo-/G Date Robb/Moab DEED OF UTILITY EASEMENT Signature Page, Contd. Attest: By: Rachel Stenta, Recorder Date ACKNOWLEDGMENT The foregoing Deed of Utility Easement was executed before me this day of , 2016 by Grantee, the City of Moab, acting through Mayor David Sakrison. Witness my hand and official seal. My commission expires: Exhibits A and B follow. Notary Public, State of Utah. Address: 4 Exhibit A A 30-foot-wide sewer line easement being more particularly described as: Beginning at point on the center section line said point being N 00°05'13" E 1024.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence N 84°48'24" W 87.51 feet; thence N 02°27'23" W 30.27 feet; thence S 84°48'24" E 88.86 feet; thence S 00°05'13" W 30.12 feet along the center section line to the point of beginning. I N 02°27'23" W 30.27' LI i S 84°48'24" E 88.86' EXHIBIT B S 00°05' 13" W 30.12' N 84°48 24 °v \ POINT OF 87.51' BEGINNING S 00°05'13" W 1024.7' I SOUTH QUARTER 41_ CORNER SECTION 1, T26S, R21E, SLB&M When Recorded Mail to: City of Moab 217 East Center Street Moab, UT 84532 Exhibit #6 DEED OF UTILITY AND ACCESS EASEMENTS For good and valuable consideration, receipt of which is acknowledged, JPK TR Moab II, LLC, a South Dakota limited liability company (Grantor), hereby grants and coveys the following easements to the City of Moab, a Utah municipality (Grantee), as follows: 1. Conveyance and Purpose. Grantor conveys to Grantee a perpetual non-exclusive easement for ingress/egress, construction, maintenance, repair, and replacement of municipal facilities, including: a Sewer Pipeline Easement, Exhibit 1, attached; a Utility Easement, Exhibit 2, attached; and a Pedestrian Path Easement, Exhibit 3, attached (collectively: the Easements); all of which are located in the County of Grand, State of Utah. Grantor warrants good and sufficient title to the Easements. 2. Nonexclusive Use. Grantor shall retain the use and enjoyment of the Easements, and shall be entitled to utilize same for all purposes that are consistent with the rights accorded to the Grantee under this deed. However, any improvements installed by Grantor within or upon the Easements which interfere with the intended uses allowed to Grantee, or which otherwise violate this deed may be subject to removal by Grantee, without compensation or replacement. 3. Easement in Perpetuity; Abandonment. The Easements shall be binding upon the parties and their respective successors and assigns in title, and the Easements shall burden the subject real property of the Grantor in perpetuity, unless abandoned upon execution and recording of a written notice of abandonment duly executed by Grantor and Grantee. 4. Access, Maintenance, and Restoration. Grantee is authorized to enter the Easements and utilize vehicles and equipment as necessary for survey, construction, inspection, maintenance, repair, or replacement, of any improvements constructed within the Easements, or which may be constructed in the future. Grantee shall restore the surface of the Easements to the approximate condition existing prior to disturbance following all construction or maintenance activities. Grantee shall not be responsible for repair or replacement of improvements installed by Grantor which encroach upon the Easement. All construction, maintenance, or repair activities of the Grantee shall be undertaken at its sole cost and expense. 1 a. Grantor shall be solely responsible for repair, replacement, or restoration of any improvements within the Easements which may be damaged or altered as a result of any act or omission of Grantor, its agents, employees, or contractors. 5. Non-interference. Grantor and Grantee shall not interfere with, obstruct, or deny access to the other party, or otherwise engage in any actions or conduct which would have the effect of preventing or obstructing the uses authorized by the Easements. 6. Pedestrian Path Easement. The Pedestrian Path Easement shall be used by the Grantee and members of the general public for purposes ingress/egress by pedestrians, bicyclists, and others utilizing non -motorized vehicles. The Pedestrian Path Easement is intended to be connected to other sidewalks, non -motorized pathways, and trails maintained by the Grantee and used by the public. Grantor consents to the connection of the Pedestrian Path Easement to other sidewalks, pathways, or trails held or maintained by Grantee. Grantee shall be authorized to erect, repair, construct, or replace appropriate signage, lighting, benches, railings, paving, and/or such other improvements as will facilitate the intended use. 7. Utility Easement and Sewer Pipeline Easement. The Utility Easement shall be used by the Grantee for the installation, maintenance, repair and/or replacement of municipal underground utilities, including culinary water pipelines, electric lines, natural gas pipelines and/or related or incidental facilities. The Sewer Pipeline Easement shall be used by the Grantee solely for the installation, maintenance, repair and/or replacement of a municipal wastewater pipeline and associated facilities. Grantee shall be authorized to engage in any activities, or construct any improvements, within or upon the Utility Easement and/or the Sewer Pipeline Easement which are consistent, necessary, or incidental to these purposes. 8. Governing Law; Jury Waiver. This deed is governed by Utah law. The exclusive venue for any dispute arising under this deed shall be the courts of Grand County, Utah. Any dispute arising under this deed shall be heard by the court sitting without a jury, regardless of the denomination of any such legal claims. 9. Remedies; Costs. Depending on the nature of the dispute, this deed may be enforced in an action for specific performance, damages, or both. In any action seeking specific performance or injunctive relief the moving party shall be entitled to obtain such relief without the necessity of posting bond of any type. In any dispute arising under this deed the prevailing party shall be entitled to recover its court costs and reasonable attorney fees, in addition to any other relief. 10. Authority; Modification. This deed is a valid and binding obligation duly executed after both parties have obtained the necessary authority. The terms of this deed are not subject to modification, except upon execution of a writing duly executed by both parties providing for such modification. 2 Conveyed and agreed as of the date of execution by all parties, below. DEED OF UTI Signature Pa Grantor: JPK Moab I LC By: �1 -Remainder of Page Intentionally Left Blank- Y AND ACCES EASEMENTS James p Koehler, Member Date ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easements was executed before me this +k day of V.er-P, 2015 by James P. Koehler, for and on behalf of the Grantor, JPK Moab II, LLC. Witness my hand and official seal. My commission expires: -? 4- a-02.6 rantee: City of � . By: G Mayor David Sakrison Attest: B} , l Rachel Stenta, Recorder _ ai Notary Pubic, State of-Utalt. Address: )►►3Gs !s� 17htrJeer-I S u S --7L/V + la-Ili—I(0 Date I2—UP— Ito Date ACKNOWLEDGMENT The foregoing Deed of Access and Utility Easements was executed before me this 14- ay of PI .QC(, , 2016 by Grantee, the City of Moab, acting through Mayor 3 David Sakrison. Witness my hand and official seal. My commission expires: I�-I�J�ptDl�1 . RACHEL E. STENTA Notary Public State of Utah Comm. No. 679999 My Comm. Expires On 15, 201$ Notary Public, State of Utah. Address: v`Z 11 E . Cov _ol_ S -• M but , GL1- SL-153 a 4 I I EXHIBIT 1 N 00°05'13" E 30.1' POINT OF BEGINNING I I S8 '5 ''24" E N 84 °4$ 22 57,4' S .I N N I O ti O in _ Er) M W °O O r--1 ~ O in O Z O O N I I SOUTH QUARTER CORNER SECTION 1, T265, R21E, SLB&M W O ▪ W Q1 O O W O cry S8 I07'00" W p 4.34' S 01°49'46" W 13.24' EXHIBIT 1 Sewer Easement A sewer line easement being more particularly described as: Beginning at point on the center section line said point being N 00°05'13" E 1024.7 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence N 00°05'13" E 30.12 feet along the center section; thence S 84°48'24" E 75.42 feet; thence S 04°09'03" E 189.08 feet; thence S 30°25'25" E 169.22 feet; thence S 01°49'46" W 13.24 feet; thence S 85°07'00" W 14.34 feet; thence N 30°25'25" W 178.90 feet; thence N 04°09'03" W 166.63 feet; thence N 84°48'24" W 57.41 feet to the point of beginning. EXHIBIT 2 N 22°35 00 W N 84°00'00" E 4.62' 10.42' 9 S 22°35'00" E °O`'yl //// 7.87' p›.,\<oi / S 41°08'18" W / / 57.54' / ` N 70°28'28' E .,� 22.56' I �10° 1 1'32" E 20 00' II II it II I I I I rn I Ig& I Iv) I I S 30°25'25" E I I 15.03' r'rl I N 59°34'35" E o ml I r30.00' omI z I `� \„, ^� \ Lr, I I w \ \?sp vs I I g � NI�; m \ I I ,' o `� �\\ \ I I \ \ I I S 83°47'12" E \ I L__ 96.27' \ EAST 84.99' 154.75' POINT OF BEGINNING SOUTH QUARTER CORNER 44_ SECTION 1, T26S, R21E, SLB&M S 01°49'46" W 18.74' S 01°49'46" W 11.20' S 85°07'00" W 19.93' EXHIBIT 2 Utility Easement Beginning at a point North 0°05'13"East 698.53 feet along the section line and East 154.75 feet from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 83°47'12" West 84.99 feet; thence North 4°09'03" West 333.73 feet; thence North 41°08'18" East 75.92 feet; thence North 22°35'00" West 4.62 feet; thence North 84°00'00" East 10.42 feet; thence South 22°35'00" East 7.87 feet; thence South 41°08'18" West 57.54 feet; thence North 70°28'28" East 22.56 feet; thence South 19°31'32" East 20.00 feet; thence South 70°28'28" West 43.11 feet; thence South 4°09'03" East 173.99 feet; thence South 30°25'25" East 15.03 feet; thence North 59°34'35" East 30.00 feet; thence South 30°25'25" East 143.01 feet; thence South 1°49'46" West 18.74 feet; thence North 30°25'25" West 148.87 feet; thence South 59°34'35" West 32.35 feet; thence South 4°09'03" East 103.88 feet; thence South 83°47'12" East 96.27 feet; thence South 1°48'17" West 11.20 feet; thence South 85°07'00" West 19.93 feet to the point of beginning. EXHIBIT 3 R=25.00' L=19.83, D=45 °00'00" CH=N41 °04'03 "E CH L=19.13, N 18°34'03" E 2.92' R=5.00, L=3.93, D=45 °00'00" CH=N41 °04'03 "E CH L=3.83, wN m tiO, o `-' ° ti oti z POINT OF BEGINNING SOUTH QUARTER CORNER SECTION 1, 4.. SLBT26S,&M R21E R=10.00' L=12.83' D=73030'38" CH=N49°06123 "E CH L=11.971 EN 85°51'41" E N E; 3�, 1, 46_97' _ ------ 63 3 6�` 45.00' q3• R=15.00' L=11.78' 0=45 °00100" CH=S41 °04'03 "W CH L=11.48' N 18°34'03" E 2.92' R=15.00' L=11.78' D=45 °00'00" CH=S41 °04'03 "W CH L=11.48' N 12°21103" E 3.90' S 74031'39" E 24.56' N 84°03' N 76°27'59„ E 13.5 121.41' __--- W—5-E4°0310 123 ,34' N 74°31'39" W 17.71' R=20.00' L=18.94, 0=54°14155" CH=S58°44114" W CH L=18.24, )6" E S 06°27'33" E i" W EXHIBIT 3 Pedestrian Walkway Easement Beginning at a point North 0°05'13"East 779.87 feet along the section line from the South Quarter corner of Section 1, Township 26 South, Range 21 East, Salt Lake Base and Meridian, and running thence North 0°05'13" East 11.18 feet; thence North 63°34'03" East 50.52 feet to a point of curvature; thence 3.93 feet along a 5.00 foot radius curve to the left with a central angle of 45°00'00" (chord bears North 41°04'03" East 3.83 feet); thence North 18°34'03" East 2.92 feet to a point of curvature; thence 19.63 feet along a 25.00 foot radius curve to the right with a central angle of 45°00'00" (chord bears North 41°04'03" East 19.13 feet); thence North 63°34'03" East 45.57 feet; thence North 85°51'41" East 46.97 feet to a point of curvature; thence 12.83 feet along a 10.00 foot radius curve to the left with a central angle of 73°30'38" (chord bears North 49°06'23" East 11.97 feet); thence North 12°21'03" East 3.90 feet; thence South 74°31'39" East 24.56 feet; thence North 76°27'59" East 121.41 feet; thence North 84°03'06" East 13.57 feet; thence South 6°27'33" East 10.00 feet; thence South 84°03'06" West 13.00 feet; thence South 76°27'59" West 123.34 feet; thence North 74°31'39" West 17.71 feet to a point on a curve; thence 18.94 feet along a 20.00 foot radius curve to the right with a central angle of 54°14'55" (chord bears South 58°44'14" West 18.24 feet; thence South 85°51'41" West 45.00 feet; thence South 63°34'03" West 43.60 feet to a point of curvature; thence 11.78 feet along a 15.00 foot radius curve to the left with a central angle of 45°00'00" (chord bears South 41°04'03" West 11.48 feet); thence South 18°34'03" West 2.92 feet to a point of curvature; thence 11.78 feet along a 15.00 foot radius curve to the right with a central angle of 45°00'00" (chord bears South 41°04'03" West 11.48 feet); thence South 63°34'03" West 55.51 feet to the point of beginning.