HomeMy Public PortalAboutRES-CC-2017-08CITY OF MOAB
RESOLUTION #08-2017
A RESOLUTION APPROVING THE IMPROVEMENTS AGREEMENT FOR THE SLOT CANYON
RENOVATION PROJECT AT 245 WILLIAMS WAY
WHEREAS, Mark Holt and Lorin Mortensen acting on behalf of Cascade Creek, LLC, with offices at 251 South
839 East, Smithfield, Utah 84335, as the "Owner" of record of 245 Williams Way, Moab, Utah, a .10 acre (4,400
square feet) parcel of land located in the C-2 (Commercial Residential Zone), applied for the approval of a
commercial site plan on said property; and
WHEREAS, Owner is proposing to renovate an existing structure 1,200 square feet in size, that has been used as an
office space in the past. The renovation will include fagade updates, removing approximately one-half of the
concrete and replace with landscaping, and update the site utilities; and
WHEREAS, the structure will be used as three short term rentals with the attendant parking, landscaping, and storm
water structures as required by the Moab Municipal Code (MMC).
WHEREAS, the use of short term rentals are a permitted use in the C-2, Commercial Residential, Zone as
established in MMC Chapter 17.21.020; and
WHEREAS, on June 16, 2016, Owner 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 submitted site
plan for the development of said property, determined that required public improvements needed to be constructed
for the project; and
WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the improvements
as included in the cost estimate from Lance Excavating, as attached to the Development Improvements Agreement
as Exhibit 3, "Required Improvements".
NOW, THEREFORE, be it resolved by the Moab City Council, with the adoption of Resolution #08-2017, hereby
approves the submitted Improvements Agreement (attached) for the Slot Canyon Renovation Project at 245
Williams Way 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 14, 2017.
Da . Sakrison. Mayor
Ra610-Sienta; ft corder
-
DEVELOPMENT IMPROVEMENTS AGREEMENT
For
Slot Canyon Renovation Project
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and
Cascade Creek, LLC, a Utah 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 October 27, 2016 the City Planning Commission approved the application for
the remodeling and construction of three short term rental dwellings located at 245
Williams Way (the Project), subject to the following conditions:
i. The applicant must execute a Development Improvements Agreement with the City of
Moab defining all public improvements and guarantee amounts, and on -site and off -site
sanitary sewer improvements adjacent to the project that are required to be completed
prior to issuance of a building permit. The DIA will define the cost sharing arrangement
and amounts to be paid by each party related to the sanitary sewer improvements
required for the project, with a maximum contribution from the City of seven thousand
dollars ($7,000.00).
ii. The applicant must submit all off -site sanitary sewer, sewer service, water service,
and or utility easements required by the project for the subject properties to the City
Engineer for review and approval. All easements required must be recorded prior to
issuance of a building permit.
B. Developer has submitted to the City its preliminary design drawings,
which show in sufficient detail the required improvements for the Project.
I1. 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
Slot Canyon Development Improvements Agreement
Page 2 of 9
paid, and service obligations established, at the time of connection, or the time when
the service is performed.
a). The approved land use for the Project includes three (3) short term rental
dwelling units, parking, open space, and necessary utilities 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 those shown in Exhibit 3 as well as the following (as may be
applicable):
(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, if any;
(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. Cost -Share for Sewer Improvements. The Parties have conferred and
determined that certain deficiencies in an adjacent 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, some of the necessary upgrades
would provide an independent benefit to City infrastructure. Therefore, the parties
agree that the City shall contribute a sum of seven thousand dollars ($7,000.00) towards
the installation of the sewer improvements shown in Exhibit 3. The City's contribution
shall be due and payable no later than thirty (30) days from the date that the
improvements are inspected and approved by the City.
5. Conveyance of Easements. Developer shall convey to the City an off -site sewer
utility easement in the form attached as Exhibit 4. 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
Plans shall be permitted, except as authorized in writing by the City Engineer upon a
Slot Canyon Development Improvements Agreement
Page 3 of 9
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.
b). Developer warrants that all Public Improvements dedicated to the City shall
Slot Canyon Development Improvements Agreement
Page 4of9
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 two thousand five hundred thirty two dollars ($2,532.00), which sum is
equal to ten percent (10%) of the construction cost, as described in Exhibit 3, 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.
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)
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 breach 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
Slot Canyon Development Improvements Agreement
Page S of 9
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
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:
Slot Canyon Development Improvements Agreement
Page 6 of 9
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:
Cascade Creek, LLC
251 South 830 East
Smithfield, UT 84335
Attn: Mark Holt
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.
m). This Agreement is a valid and binding obligation executed after obtaining all
necessary authority required of the Parties.
Slot Canyon Development Improvements Agreement
Page 7 of 9
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.
List of Exhibits:
1. Project Site Legal Description;
2. Site Plan;
3. Required Improvements; and
4. Off -site Utility Easement.
-Remainder of Page Intentionally Left Blank -
THIS AGREEMENT has been executed by the City of Moab, acting by and through
Slot Canyon Development Improvements Agreement
Page 8 of 9
the Moab City Council, which has duly authorized execution, and by Developer as of the
date(s) specified below.
CITY OF MOAB: /
C C
/6 le/3 z,?
Mayor David L. Sakrison Date
ATTEST: _
Rachel Stenta
City Recorder
DEVELOPER: CASCADE CREEK, LLC
9-1to—l�
Date
Mark Holt, Manger Date
STATE OF UTAH
COUNTY OF GRAND
)ss.
)
6 /, 20(7
The foregoing Development Improvements Agreement was executed before me
by --David L Salk✓ ; sQvl , this 1(e� day of P.-brute*L)) , 2017 . Witness
my hand and official seal. My commission expires: 1 - 15 -2010
s:■ RACHEL E. STENTA 1
p3 Notary Public
/ , State of Utah
Comm. No. 679999
My Comm. Expires Dec 15, 2018
Notary Public, State of Utah
Address: o2 l t • C -IAZZ. . .
1 t!!(','i . .11v .1
'...VMMOPP"41."1101.4."4,0"57"'IPA
4
Slot Canyon Development Improvements Agreement
Page 9 of 9
STATE OF UTAH
COUNTY OF GRAND
)
)ss.
The foregoing Development Improvements Agreement was executed before me
by , this day of , 201
Witness my hand and official seal. My commission expires:
STATE OF UTAH
COUNTY OF
CA.c,.2,
Notary Public, State of Utah
Address: \33 NOD N Ucan,ll1-3t4341
v
SHANNA TUELLER
Notary Public State of Utah
My Commission Expires on:
March 16, 2020
Comm. Number: 688225
The foregoing Development Improvements Agreement was
by N1arK h0`i- , this 15* day of FQVjrva_r
Witness my hand and official seal. My commission expires: \Aar
executed before me
, 2011 .
ZoZo
Notary Pub l , State of Utah
Address: L90t41 } 1l-a-V1
-End of Document-
-Exhibits Follow-
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EXHIBIT 1. PROPERTY DESCRIPTION
ADDRESS: 245 West Williams Way, Moab, UT 84532
PARCEL: 01-0001-0205
PROPERTY: The following described tract of land in Grand County, Utah:
Beginning at a point which bears North 53°22' West 1112.9 feet from the Center 1/4
Corner Section 1, Township 26 South, Range 21 East, SLM, and proceeding thence
North 98.1 feet; thence South 58°30' East 17.7 feet; thence along a 207.2 foot radius
curve to the left 45.3 feet; thence South 66.5 feet; thence South 88°59' 55.0 feet to the
point of beginning.
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EXHIBIT 3. REQUIRED IMPROVEMENTS .
• '
'Enact 4 xr tttg,
North 690. West • Heber Cify,:t..gatt 84032
. . 005) 04-g$617.3 • FAX (430 654:,34/4
. . . .
sic! 0040 for Mark Holt Williarns wOy Sewer Extension and Service
. .
Moi3I110 • •
Cdre and Grout Into manhole
8Cifeet of 8 Inch pvc sewer @ $ S'OLG per foot
4190, Manhole .
Sewer lateral to building with connection
Sewer. lateral for neighbor to,East and Clean out
L.0.terals include saw cutting parking lot removing concrete, Installing 4 inch lateral with
;loam:ads. Cros,sing curb and gutter, repladng or filling trench with flowable fill.
Replace the concrete driveway 10 feet wide 6 inches thick $ 5.00 per SF
Asphalt.Repaly.$ 6.00 per focit 280 SF
Parking I.OirePair and say) cutting
Repair sidewalk P roj ec.4
Repair curb and gutter
, .
would be to st—airi-man n r o . the
,c.•ws:i•Olthe • rth. The,flow e should • ON .40 An i higher 20 fe from till
aphOle.at ercent. Bit w would be e to tie it in they can Ilea it
10:94.1.4 *
COr • **.nd, Grout into hole
(gpi r;f R inch c sewer 0- 8.00 net focit,
48ine
SeWe
Sewa
•
ear
Rept...—. .,
Asphal epair $ 6,00 per of 650 SF
Cros he curb and gu r and replace or with flowabl fill
C ss the Walk and r lace or tunnel un r and fill with fiowable fits
EXC LU OE 0
December 21, 2016
$ 1250.00
$ 1500.00
$ 4000.00 •
$ 3800.00
$ 3900.00
$ 3000.00
$ 1680.00
$-1792.00
$ 1200.00
$
4ipt inch
Ginth Charged Ili more for the manholes on Park Lane than the original bid that increased the cos.. t
the Manholes. It will cost more. to put the line in the street because there is more asphalt to replace
and there Is an additions manhole.
Diana Lance
President
Lance Eicavating Inc.
Kott
144U LUAsb
64- p-6-9 rngi*-
Md km" : NuA)
Ta-hz(
‘3CI,Cyt
1± r S4Pne 9aularutk4)
2000
Drive,taez .
(-0 el co L
- 25, 322_
REQUEST FOR RELEASE OF FINANCIAL ASSURANCE
(Developer) hereby requests a partial release of the Financial Assurance
posted in connection with the Subdivision Improvements and Development Agreement (Agreement),
dated , as follows.
1. Developer has completed the following improvements, which are completed in a workmanlike
manner and in conformity with the Agreement:
Copies of all inspection reports documenting completion and acceptance of the improvements must be
attached, together with invoices for materials delivered to the site and incorporated into the
improvements.
2. Developer requests release of the Financial Assurance in the amount of $
This is a partial final release request. (Check as applicable).
Signature (print name) Date
DECISION BY CITY ENGINEER
The City of Moab has reviewed the Request for Partial Release and inspected the work. The City
hereby authorizes the release of the Financial Assurance in the amount of $
By the City of Moab this day of , 2016.
, City Engineer
Attest:
Rachel Stenta, Recorder Date