The URL can be used to link to this page

04/21/1987 - Formal Meeting - Minutes • I DROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 21 , 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET AS A COMMITTEE OF THE WHOLE ON TUESDAY, APRIL 21 , 1987, AT 5:00 P.M. IN SUITE 300 CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY THOMAS M. GODFREY SYDNEY R. FONNESBECK ROSELYN N. KIRK EARL F. HARDWICK Councilmembers Bittner and Stoler were absent. Council Chairperson Kirk presided at the meeting. BRIEFING SESSION Linda Hamilton, Executive Director, briefed the Council on the evening' s agenda. She explained to the Council that Geoff Smith, Council Budget Analyst, had recommended the Council adopt a resolution authorizing an additional loan to Hartland Apartments, Ltd. Ms. Hamilton explained that the resolution would allow a $35,000 increase in the Community Development Block Grant loan to PSC Properties. Council Member Mabey told the Council that considering the fact that the money was for a loan, not a grant, he felt the resolution should be adopted. The meeting adjourned at 5:20 p.m. 87-99 I PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 211 1987 THE CITY COUNCIL OF SALT LAKE CITY, UTAH, MET IN REGULAR SESSION ON TUESDAY, APRIL 21 , 1987, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, SUITE 300, CITY HALL, 324 SOUTH STATE. THE FOLLOWING COUNCIL MEMBERS WERE PRESENT: GRANT MABEY THOMAS M. GODFREY SYDNEY R. FONNESBECK ROSELYN N. KIRK EARL F. HARDWICK WILLIE STOLER Councilmember Bittner was absent. Mayor Palmer DePaulis, Roger Cutler, city attorney, Kathryn Marshall , city recorder, and Lynda Domino, chief deputy recorder, were present. Council Chairperson Kirk presided at the meeting and Councilmember Hardwick conducted the meeting. The prayer was given by Police Chaplain Cliff Higbee. The Council led the Pledge of Allegiance. Approval of Minutes Councilmember Godfrey moved and Councilmember Kirk seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, April 14, 1987, which motion carried, all members present voting aye. (M 87-1) Special Recognition #1 . The Council and Mayor presented a proclamation pronouncing the week of May 3, 1987, as "Be Kind to Animals Week". Councilmember Kirk read the proclamation. Councilmember Fonnesbeck moved and Councilmember Mabey seconded to adopt the proclamation, which motion carried, all members present voting aye. Lou Lynes, director of animal control , said that with the help of the Council and the Administration they had been able to put together their program and he said he appreciated the proclamation. He said they would be putting up posters adver- tising "Be Kind to Animals Week" and also said the Governor would sign a proclamation on behalf of the State. (G 87-18) DEPARTMENTAL BUSINESS AIRPORT AUTHORITY #1 . RE: An ordinance amending various sections of Chapters 2, 3, 12, 14, 15, 16, and 19 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, relating to aeronautics concerning fee modifications, cost formulas, and safety and security measures in the terminal and ramp areas. 87-100 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 21z 1987 ACTION: Without objection Councilmember Hardwick referred this ordinance to the Committee of the Whole. (0 87-6) CITY COUNCIL #1 . RE: An ordinance amending Section 19-2-19 of the Revised Ordinances of Salt Lake City, Utah, by amending the location limitation for licensing establishments with a Class 'Cu beer license, or a Class "B" private club license, by adding proximity to a residence of up to 100 feet as a consideration. ACTION: Councilmember Mabey moved and Councilmember Fonnesbeck seconded to refer this matter to the City Attorney to prepare an ordinance, refer it to John Katter, licensing supervisor, for a recommendation, and refer it to Police Chief Bud Willoughby for a recommendation, which motion carried, all members present voting aye. DISCUSSION: Councilmember Stoler supported the ordinance but expressed concern that if the ordinance became too restrictive it might encourage "bootlegging" Class "C" beer licenses or Class "B" private club licenses. He suggested that this ordinance be considered carefully so it would not be too limiting in the number of licenses available. Councilmember Hardwick brought up the point of how this ordi- nance would affect urban residential projects such as American Towers. Councilmember Mabey said this type of housing was not really being addressed, the ordinance was pertaining more to residential areas. Councilmember Fonnesbeck said this was only the starting point and there would be time for lengthy discussion on this issue. Roger Cutler, city attorney, said more of a concern than a secondary market for licenses may be locations. He said this ordinance could make locations valuable which would drive up the price for leases and he said the Council needed to consider this. He also suggested that the ordinance be written in accordance to the zoning of an area rather than the proximity to residences since there were some non-conforming residences in commercial zones. Councilmember Mabey asked that Mr. Cutler submit his recommendations. (0 87-7) DEVELOPMENT SERVICES #1 . RE: An interlocal agreement with the U. S. Department of Housing and Urban Development for an Urban Development Action Grant to be loaned to Banj Invest- ment Company for a new auto dealership facility and renovation of an existing building. ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 38 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development providing for an Urban Development Action Grant to the City in the sum of $1 ,100,000 to be loaned to Banj Investment Company for the construction of 26,400 square feet of new auto dealership facilities and renovation of an existing 29,700 square-foot building on the project site located on Block 15 in Salt Lake City, Utah, contingent upon review of the final agreement by the City Attorney, which motion carried, all members present voting aye. (C 87-198) 87-101 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 21 , 1987 #2. RE: An interlocal agreement with the U. S. Department of Housing and Urban Development for an amendment to the grant agreement for the Hartland Apartments project. ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to adopt Resolution 39 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development providing for an amendment to a Housing Development Grant program grant agreement executed between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development on December 20, 1985, providing for a HDG grant to the City to assist in the development of the Hartland Apartments project, contingent on review and approval by the City Attorney of the final contract agreement, which motion carried, all members present voting aye. (C 85-605) #3. RE: An additional loan to Hartland Apartments, Ltd. for the completion of certain off-site improvements to Prospect Street and Harris Avenue. ACTION: Councilmember Mabey moved and Councilmember Godfrey seconded to adopt Resolution 40 of 1987 authorizing an additional loan to Hartland Apartments, Ltd. of a maximum of $35,000 from the surplus balance of three 8th Year Community Development Block Grant Projects for the completion of certain off-site improvements to Prospect Street and Harris Avenue, which motion carried, all members present voting aye. (T 87-5) #4. RE: The Mayor' s recommendations for 13th Year Community Development Block Grant funding. ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to accept the recommendations, refer them to the Committee of the Whole and set a date for a public hearing on Tuesday, May 5, 1987, at 6:20 p.m. to obtain public comment concerning CDBG funding, which motion carried, all members present voting aye. DISCUSSION: Mayor DePaulis thanked all those who were involved in this process. He said there were 73 Community Development proposals submitted totaling over $5 million dollars and said the City' s total allocation would be $3,861 ,000. He said the Community Development Advisory Committee (CDAC) reviewed all the pro- posals, interviewed the new applicants, and held a day-long workshop to formalize their recommendations. He said an interdepartmental city team also evaluated all the proposals using specific criteria and ranked them by category: housing, streets, public service, etc. , according to total scores. He said the staff recommendation took into consideration on-going projects, program benefits, citizen input, economic incentives, cost benefits, and city policies. He said he reviewed CDAC' s and the staff' s recommendations and made his recommendations. He then highlighted his recommendations: 87-102 • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 21 , 1987 1 . 7 housing proposals totaling $1 ,212,500, 33% of the total allocation. 2. 8 street, sidewalk, and storm drain projects totaling $1 ,275,000, 33% of the budget. 3. 9 public service projects like the Westside Food Pantry, HORP , Men' s Shelter totaling $531 ,700. 4. 5 parks projects totaling $285,000, 7% of the budget. He said this was down and he was following what he perceived to be the Council ' s concerns about funding new parks projects. 5 . 2 urban amenity projects, ASSIST and Building Preservation Advisory Service, totaling $12,500, or 1%. 6. 3 planning projects (State Street Landscape, East Downtown Master Plan and environmental assessments) totaling $41 ,700, or 1%. 7. 1 public building project (Art Barn) totaling $30,000, 1%. 8. The Percent for the Arts totaling $1 ,900. He said the remaining money was administration and contingency. He said they were anticipating that Congress would introduce a 33% reduction for next year and said this was consistent with what they had been seeing: the gradual phase out of CDBG monies. (T 87-6) FINANCE DEPARTMENT #1 . RE: An interlocal agreement with the Utah Division of Surplus Property designating two individuals to sign for purchases made through the Utah Division of Surplus Property. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 35 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Division of Surplus Property for eligibility under the Federal Property Assistance Program, designating two indi- viduals in the City' s Purchasing and Property Management Division to sign for purchases made through the Utah Division of Surplus Property, which motion carried, all members present voting aye. (C 87-195) PUBLIC UTILITIES #1 . RE: An interlocal agreement with Utah Department of Transportation to move certain City water facilities in connection with work on I-215. ACTION: Counclimember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 36 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation whereby UDOT will move certain City water facilities at UDOT' s cost, except for betterment which City will pay, in connection with work on I-215, which motion carried, all members present voting aye. (C 87-196) 87-103 • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 21 , 1987 #2. RE: An interlocal agreement with Salt Lake County for an easement at 1058 East 3950 South. ACTION: Councilmember Godfrey moved and Councilmember Mabey seconded to adopt Resolution 37 of 1987 authorizing the execution of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for an easement in a county street (1058 East 3950 South) for a water main, which motion carried, all members present voting aye. (C 87-197) PUBLIC WORKS #1 . RE: The Notice of Intention for Special Lighting District No. 2. ACTION: Councilmember Mabey moved and Councilmember Kirk seconded to adopt Resolution 41 of 1987 declaring the intention of Salt Lake City to create a Special Improvement District to be known as Lighting District No. 2, to operate and maintain improvements and to levy assessments to pay all or a portion of the costs arising therefrom according to plans and specifications on file in the office the Transportation Engineer, which motion carried, all members present voting aye. (Q 87-7) The meeting adjourned at 6:25 p.m. eiA Ut CH I RPERSON (41)// TY RECORDER 87-104 iSALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS SUITE 300, CITY HALL 324 SOUTH STATE STREET Tuesday, April 21, 1987 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Suite 300 City Hall , 324 South State. 1. Report of the Executive Director. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance . 3. Approval of the Minutes. 4. The City Council and Mayor will read a proclamation pronouncing the week of May 3, 1987, "BE KIND TO ANIMALS WEEK". C. COMMENTS: 1 . Questions to the Mayor. 2. Citizen Comments . D. CONSENT: 1 . Interlocal Cooperation Agreement , State of Utah, Federal Property Assistance. Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Division of Surplus Property for eligi i ltv under the Federal Property _ Assistance rogram, esignating two individuals in the City's Purchasing and Property Management Division to sign for purchases made through the Utah Division of Surplus Property. (C 87-195) STAFF RECOMMENDATION: Adopt . 2. Interlocal Cooperation Agreement , UDOT, Project No. IR-215-9(77)21. Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake ritorporation and_Iltah Department o Tra.nsportat .an whereby rrnnT will move certain City ter faeil i riac at_ UDOT's cost,_.xcept for betterment which City will p y, in connection with ' work on I-215. aZ STAFF RECOMMENDATION: Adopt . 3. Interlocal Cooperation Agreement , Salt Lake County, Watermain Extension. Consider adopting a resolution authorizing execution of an Interl! Cooperation Agreement between Salt Lake City Corporation and Salt Lake County for an easement in a county street (1058 East 3950 South) for a water main. (C 87-19T) STAFF RECOMMENDATION: Adopt . E. NEW COUNCIL BUSINESS: 1 . Community Development Block Grant Funds . Mayor Palmer DePaulis will present his recommendations for 13th_Year Goy,,,,;ry D vP op .nt Block Grant funding; and set a date for a public hearing to be held Tuesday, May 5, 1987, at 6:20 p.m. to obtain public comment concerning CDBG funding. (T 87-6) Q STAFF RECOMMENDATION: Accept recommendations, refer to Committee of the Whole, and set date. 2. Legislative Action: Council Member Grant Mabey - Section 19-2-19. Consider adopting an ordinance amending Section 19-2-19 of the Revised Ordinances if Salt Lake City, Utah, 1986, by amending the location limitation for licensing establishments with a Class "C" beer licenm.epr a Class "B" private club license by adding proximity to a rPs'deuce of up to 100 feet as a consideratian. _ (0 87-7) STAFF RECOMMENDATION: yefer to Cites Arrornoy €ex�.r aration of the 12 %rinar licensing Supervisor John Katter for 3:essa mmerulat-}e^• and�ice Chief Bud Willo g by, for recommendation. 3. Title 2 - Aeronautics . ' Consider adopting an ordinance amending various sections of Chapters 2, 3, 12, 14, 15, 16, and 19 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1986, as amended relating to aeronautics concerning fee modifications, cost formulas, and safety and security measures in the terminal and ramp areas . (0 87-6) STAFF RECOMMENDATION: Refer to Committee of the Whole. ,��p 4. Special Lighting District No. 2, Notice of Intention. Consider adopting a resolution declaring the intention of Salt Lake City to create a Special Improvement District to be known as Lighting District No. 2, to operate and maintain improvements and to levy assessments to pay all or a portion of the costs arising therefrom according to plans and specifications on file in the office of the Transportation Engineer. (Q 87-7) STAFF RECOMMENDATION: Adopt . F. UNFINISHED COUNCIL BUSINESS: I , Interlocal Cooperation Agreement, U.S. Dept . of Housing and Urban Development. 1 1VI- Consider adopting a resolution authorizing the execution of an Interlocal ' '' Cooperation Agreement between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development providing for an Urban D e ropment Act ion Grant to the C.rye a,,,T, of 1 100000 to be loaned to Banj V" Investment Company for the construction of 26,400 square feet of new auto -s1;;T u ties and renovation of an existing 29,700 square foot building on the project site located on Block 15 in Salt Lake City, Utah. (C 87-198) STAFF RECOMMENDATION: Adopt . c_p l:.11. er._ t-e.%;le__60 Dr C7'15 4 Ais# it 2. Interlocal Cooperation Agreement , U.S. Dept . of Housing and Urban'Developmen . PA Consider adopting a resolution authorizing the execution o Coo eration reement between. ^'` T �ke C p Agy Corporation and the U. S. i ' Ile.partment of Housing and Urban Dev e. t,providing for an amendment to a, Hn,is•ag Development Grant Pro&ram Grant, Agreaman executed between Salt Lake Cit Corporation and the U. S. Department of Housing and TTrhau pevelopment on December , 985, providing for an HDG Grant to the City to assist in the (4P kl development of the Hartland A a�rtmments Project . (C 85-605) • STAFF RECOMMENDATION: Adopt; G�K-�'I►'1q *.± D'- r'e-k+ 1 e -' '' // , '-l%de 3. 8th Year Community Development Block Grant, PSC PropErties Loan. / Consider adopting a resolution authorizing an additional loan to artland , balance of three 8th YQsr l�nmmnn+�� ne.Toln=m�nt l .o�*c �nr the completion of certain o et Street and Harris Avenue. — (T 87--5) STAFF RECOMMENDATION: Adopt . H. ADJOURNMENT: DATED April 17, 1987 BY `r OW" CI Y RE ER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss . On the 17th day of April , 1987, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within City Hall, 324 South State Street , Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, 5th Floor; and 2. At 5:00 p.m. in the Newsroom, Room 325. CITY REC Subscribed and sworn to before me this 17th day April, 1987. No ary pub is residing State of Utah My Commission Expires : APPROVAL: EXECUTIVE DIRECTOR PALMER DePAUL15 ' ALI — 11-J ON Mlti ` MAYOR _- OFFICE OF THE MAYOR 324 SOUTH STATE STREET FIFTH FLOOR, SUITE 500 SALT LAKE CITY, UTAH 84111 • 535-7704 April 1, 1987 Roselyn Kirk , Chairperson Salt Lake City Council 324 South State Street Salt Lake City , UT 84111 Dear Roselyn: The Animal Control Division has requested that I proclam the week of May 3, 1987 as "Be Kind to Animals Week. " I would like to sign the proclamation during the opening ceremonies of the City Council meeting on April 14th, I have enclosed a copy of the proclamation for your information. Thank you for your interest in this matter. Sincerely, Mayor PD/jf Enc. :7 :77Jcz:��`��%�� SALT � �� l� � CITY v�� A-�'�� s WHEREAS, We have been endowed not only with the blessings � and benefits of our animal friends, who give us � companionship and great pleasure in our daily lives, but also with a firm responsibility to � protect these fellow creatures with which we share � � the earth from need' pa1n, fear and suffering; and � � � WHEREAS, we recognize that teaching attitudes of kindness, - consideration and respect for all living things � through humane education in the schools and the z community helps to provide the basic values on � � which a humane and civilized society is built; and, � � � � WHEREAS` the people in the City of Salt Lake are deeply � � indebted to their animal care and control agencies � for their invaluable contribution in caring for � ' z � lost and unwanted animals, instilling human values x � and promoting a true working spirit of kindness and � consideration for animals in the minds and hearts of � all people' and � WHEREAS, the first full week of May has been set as the annual celebration of the national week observing w ^ the philosophy of kindness to animals. � z � HOW, o THEREFORE, I, Palmer A. DePaulis, by virtue of the power vested o « � in me as Mayor of Salt Lake City Corporation, do � � proclaim and pronounce the week of May 2, 1987 as u r � DE KIND TO ANIMALS UEEK ya z and do heartily commend to all our citizens a full ' participation in all the events related thereto in � this community. � SIGNED AND SEALED THIS �sY DAY OF A�RIL, Ig87. u , � : : W Polmer �. DePau|1s - Mayor Ac � ' « � � � � : � v � CZ , a « � ^ ^ � - � ' ' � vl • , FINANCE DEPARTMENT LANCE R. BATEMAN, CPA Purchasing and Property Management•Division PALMER DEPAULIS DIRECTOR OF FINANCE 324 SOUTH STATE STREET MAYOR ..STH:FLOOR SALT LAKE CITY, UTAH 84111 PURCHASING (801) 535-7661 PROPERTY 535-7133 April 7, 1987 Salt Lake City Council Attn: Ms. Roselyn Kirk, Chairperson 324 South State Street, 3rd Floor Salt Lake City, UT 84111 RE: REQUEST FOR OXUNCIL APPROVAL TO FILE AN APPLICATION FOR ELIGIBILITY UNDER THE FEDERAL PROPERTY ASSISTANCE PROGRAM WITH THE STATE OF UTAH, THROUGH THE UTAH DIVISION OF SURPLUS PROPERTY, TO RENEW THE CITY'S ELIGIBILITY UNDER SUCH PROGRAM. Dear Ms. Kirk: Attached, please find the original and sixteen (16) copies of the above referenced application. The application has been reviewed by the City Attor- ney and, upon signature by the Council, will be signed by the appropriate representatives of the State of Utah. The intent of the document is to renew Salt Lake City Corporation's eligibi- lity to participate in the Federal Property Assistance Program through the Utah Division of Surplus Property. Under this program, the City is authorized to purchase federal and state surplus property, which often results in consi- derable cost savings. The application also designates two City employees who are authorized to sign for purchases made under this program. These employees are Mr. G. L. Failner, Chief Procurement Officer, and Mr. Terry E. Anderson, Procurement Control Officer, in the Purchasing and Property Management Divi- sion. All purchases of surplus property made by the City must be processed through the Purchasing and Property Management Division and must be reviewed and receive the sign-off by one of the two above mentioned agents. The application serves as an enabling instrument for the purchase of federal and state surplus property and there are no "up front" funds involved. Because of the potential cost savings for Salt Lake City Corporation, it is recommended that this be approved by the Council. Salt Lake City Council April 7, 1987 Pace Two If you have any questions in this regard, please feel free to call Mr. George Nackos, Contract Specialist, telephone 535-7661. Respectfully, nce. R. Bateman Director of Finance cb Attachments cc: G. L. Failner Contract Work File #27B RESOLUTION NO. OF 1987 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE UTAH DIVISION OF SURPLUS PROPERTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BF IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally described as follows: An application for eligibility under the Federal Property Assistance Program, designating two individuals in the City's Purchasing and Property Management Division to sign for purchases made through the Utah Division of Surplus Property. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1987. SALT LAKE CITY C1OUNCIL BY CHAIRPERSON A'ITThST: CITY RECORDER Utah Division of Surplus Property • 522 South 700 West Salt Lake City, Utah 84104 4,1 91. 533-5885 FTS 588-3029 DSP Form No. 100(Rev.3-86) RENEWAL William A. Arseneau Director STATE OF UTAH APPLICATION FOR ELIGIBILITY FEDERAL PROPERTY ASSISTANCE PROGRAM Before preparing this application, please read carefully the instructions. Part A. Legal Name of Applicant: Salt Lake City Corporation Telephone: 535-7661 Mailing Address: 324 South State Street, 5th Floor City: Salt Lake City County: Salt Lake Zip: 84111 PART A. Complete Only if the Applicant is a Public Agency 1. Check Only One: ❑ State Public Agency ® Local Public Agency. 2. Check the One Which Best Describes how Surplus Property will be Used: ❑ Conservation ❑ Public Health ❑ Economic Development ❑ Public Safety ❑ Education ® Two or More of the Above ❑ Parks & Recreation ❑ Other: PART B. Complete Only if the Applicant is a Nonprofit &Tax-exempt Organization 1. Attach a copy of the letter or certificate from the U.S. Internal Revenue Service evidencing tax- exemption under Section 501 of the Internal Revneue Code of 1954. 2. Check the One Which Best Describes how Surplus Property will be Used: ❑ Education ❑ Medical Institution ❑ School for the Mentally Retarded ❑ Hospital ❑ School for the Physically Handicapped ❑ Health Center ❑ Museum ❑ Clinic ❑ Library ® Other: to provide city government services 3. Check One: ❑ Evidence of approval is attached. ❑ Evidence of accreditation is attached. ❑ Evidence of licensing is attached. (Note: If such evidence is lacking, refer to Instruction B.2. or B.6.) 4. Are the applicant's services available to the public at large? yes . If only a specified group is served, indicate who comprises this group: • 5. Attach the following information: (a) For educational institutions, include a description of the curriculum, the grades taught, enrollment, length of school day, week and year, the number and qualifications of the full-time and part-time staff, and the facilities operated; (b) For public health applicants, include a description of the health services offered, the number of beds where applicable, the number of resident physicians, the number of registered nurses, the number and qualifications of the other professional staff, and the facilities operated. Utah Division of Surplus Property 522 South 700 West • ` Salt Lake City, Utah 84104 Tel. 533-5885 FTS 588-5029 `JDSP Form No. 101 (3-86) .. ENEWAL RESOLUTION BE IT RESOLVED THAT George L. Failner Name of Representative Chief Procurement Officer shall be and is hereby designated as the representative of Title of Representative Salt Lake City Corporation Full Legal Name of Applicant to secure the transfer to said Applicant of surplus Federal property through the UTAH DIVISION OF SURPLUS PROPERTY,under the provisions of Section 203(j)of the Federal Property&Administrative Services Act of 1949, as amended,to obligate the applicant and its funds to the extent necessary to comply with the Terms and Conditions listed on the reverse side of this form. BE IT FURTHER RESOLVED THAT a certified copy of this resolution shall be submitted to the Utah Division of Surplus Property and that the same shall remain in full force and effect until written notice to the contrary is submitted to the said Utah Division of Surplus Property. CERTIFICATION I, Palmer A. DePaulis , hereby certify that I am the Name Mayor of the Title Full Legal Name of Governing Board Salt Lake City Corporation of Full Legal Name of Applicant -and that the-fofegoing-is true-a-ad-correct copy of the resolution adugted-by-th-e to-of anlajority dfsaidbb d -present at adu-ly-convened-rneetingo-f said-board-on the -daj-o{ ,-19, -at-which--a- quorum-was-present,-OR-(2) an executive action taken by me on the day of , 19 Signature: Chairman of the Board or Chief Administrative Officer • Signature of Designated Representative 7 TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1)It is a public agency;or a nonprofit educational or public health institution or organization,exempt from taxation under Section 501 of the Internal Revenue code of 1954; within the meaning of Section 203(j)of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2)If a public agency,the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,and including research for such purpose.The property is not being acquired for any other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4)This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964,Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949,as amended, and Section 504 of the rehabilitation Act of 1973,as amended,Title IX of the Education Amendments of 1972,as amended,and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1)All items of property shall be placed in use for the purpose(s)for which acquired within one year of receipt and shall be continued in use for such purpose(s)for one year from the date the property was placed in use.In the event the property is not so placed in use,or continued in use, the donee shall immediately notify the state agency and,at the donee's expense,return such property to the state agency,or otherwise make the property available for transfer or other disposal by the state agency,provided the property is still useable as determined by the state agency. (2)Such special handling or use limitations as are imposed by General Services Administration (GSA)on any item(s)of property listed hereon. (3)In the event the property is not so used or handled as required by(B)(1)and(2),title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF 53,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1)The property shall be used only for the purpose(s)for which acquired and for no other purpose(s). (2)There shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a riod of 18 months from the date the property is placed in use,except for such items of major equipment,listed hereon,on which the state agency designates a further period of restriction. (3)In the event the property is not so used as required by(C)(1)and(2)and federal restrictions(B)(1)and(2)have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of Utah and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B)and(C)above remain in effect,the donee shall not sell,trade,lease,lend,bail,cannibalize,encumber,or otherwise dispose of such property,or remove it permanently,for use outside the state,without the prior approval of GSA under(b)or the state agency under(C).The proceeds from any sale, trade,lease,loan,bailment,encumbrance,or other disposal of the property,when such action is authorized by GSA or by the state agency, shall be remitted promptly by the Donee to GSA or the state agency,as the case may be. (2)In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed of by the donee from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C) remain in effect, without the prior approval of GAS or the state agency,the donee,at the option of GSA or the state agency,shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the propety at the time of such disposal,as determined by GSA or the state agency. (3)If at any time,from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in effect, any of the property listed hereon is no longer suitable,usable,or further needed by the donee for the purpose(s)for which acquired,the donee shall promptly notify the state agency,and shall,as directed by the state agency,return the property to the state agency,release the property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (5)At the option of the state agency, the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D)by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1)The property acquired by the donee is on an"as is,""where is"basis, without warranty of any kind. (2)Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to nated property with unexpired terms.conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement om the donee out of the insurance proceeds,of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(50 FEET OR MORE IN LENGTH)HAVING AN ACQUISITION COST OF 53,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative. • Utah Division of Surplus Property 522 South 700 West . Salt Lake City, Utah 84104 Tel.533-5885 FTS 588-5029 `•=\ ;fi JDSP Form No. 102 (3-86) 'L RENEWAL William A. Arseneau Director AUTHORIZED AGENTS AND THEIR SIGNATURES Date: ///9/Y7 The following persons, whose signatures appear below, are authorized to acquire surplus Federal personal property through the Federal Property Assistance Program for: Salt Lake City Corporation Full Legal Name of Applicant or Donee TYPED OR PRINTED NAME CORRESPONDING SIGNATURE 1 George L. Failner 1 /1,�1/11/7-e) 2 Terry E. Anderson 2L'" �G� n 3. 3. 4. 4. • 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Submitted By: George L. Failner Typed or printed name of designated representative (See UDSP Form No. 101) • A/A1(4-1,2 Signature of designated representative Additional agents and their signatures may be added on the back of this page. Other agents may be authorized to shop at the Utah DSP Distribution Center on one-time basis by submitting a •letter of Authorization signed by the duly designated representative.Only the person designated by resolution on )SP Form No. 101 may authorize Donee agents. Utah Division of Surplus Property 522 South 700 West Salt Lake City, Utah 84104 Tel. 533-5885 FTS 588-5029 UDSP Form No. 103(Rev. 3-86) RENEWAL ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED, SECTION 606 OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED, AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED Salt Lake City Corporation , (hereinafter called the "donee"), (Name of donee organization) hereby agrees that the program for or in connection with which any property is donated to the donee will be conducted in compliance with,and the donee will comply with and will require any other person(any legal entity) who through contractual or other arrangements with the donee is authorized to provide services or benefits under said program to comply with,all requirements imposed by or pursuant to the regulations of the General Services Administration(41 CFR 101-6.2)issued under the provisions of Title VI of the Civil Rights Act of 1964, as amended, Section 606 of Title VI of the Federal Property and Administrtive Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975, as amended, to the end that no person in the United States shall on the ground of race, color,national origin, sex,or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to iscrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and Hereby Gives Assurance That it will immediately take any measures necessary to effectuate this agreement. The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property;that the United States shall have the right to seek judicial enforcement of this agreement;and,this agreement shall be binding upon any successor in interest of the donee and the word "donee" as used herein includes any such successor in interest. Dated By (President/Chairman of the Board or comparable authorized official) Utah Division of Surplus Property 522 South 700 West Salt Lake City, Utah 84104 Tel.533-5885 FTS 588-5029 JDSP Form No. 104(Rev.3.86) _ RENEWAL • STATEMENT OF NEEDS & RESOURCES Salt Lake City Corporation (Type or Print Legal Name of Applicant Agency or Institution) Federal law requires that surplus property be distributed in a fair and equitable manner based on the relative needs and resources of interested eligible agencies and organizations and their abilities to utilize the property. The information provided on this form will assist the Utah DSP in complying with this requirement. 1. Source of funds: a. Tax Revenues b. Federal or State Grants % 12 c. Tuition or Service Charges °/n 38 ' d. Donations or Contributions e. Other . % 12 (specify) - License, Fines, Assessments ?. Economic condition of the applicant. Mark one: (X) ( ) ( ) ( ) ( ) 5 _ 4 3 2 1 Excellent Poor 3. Describe any extraordinary problems below. If none, mark here: (X) 4. Does the applicant agency or insititution have sufficient funds and facilities to acquire, repair or renovate, and maintain surplus personal property in use? (X)Yes ( J No • .Exceptions: 5. Give a general description of the nature and types of property needed for the applicants program: Misc. 'surplus *items. • -_ _ _ Date: Submitted By: • President, Chairman of the Board or other comparable official LEROY W HOOTON, JR_ 01' t 1 t cDY(�� oI�© l DIRECTOR DEPARTMENT OF PUBLIC UTILITIES JOSEPH S. FENTON WATER SUPPLY & WATERWORKS PALMER DEPAULIS SUPERINTENDENT, WATER RECLAMATION WATER RECLAMATION MAYOR WENDELL E. EVENSEN, P.E. 1530 SOUTH WEST TEMPLE SUPERINTENDENT SALT LAKE CITY, UTAH 84115 WATER SUPPLY & WATERWORKS April 13, 1987 TO: Salt Lake City Council RE: Interlocal Agreement between Salt Lake City Corporation and Utah Department of Transportation for adjusting City's water facilities Project No. IR-215-9(77)21. Recommendation: That the Council approve the agreement and forward to the Mayor for execution in behalf of the City. Availability of Funds: Budget Discussion: The City is requiring adjusting City 's water facilities also the City desires to include a betterment in said work consisting of having 12 feet of 42-inch casing installed for a future culinary waterline. 1. Please return four (4) agreements with attached plans to this office to be forwarded to the county for final execution. Submitted by: LEROY W. OTON, 0 Director Department of Public Utili ies /srb Attachments 41-28-2 RESOLUTION NO. OF 1987 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION WHEREAS, Title 11, Chapter 13, U. C.A. , 1953, as amended , allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah : 1. It does hereby approve the attached agreement generally described as follows : An agreement whereby UDOT will move certain City water facilities at UDOT' s cost , except for betterment which City will pay , in connection with work on I-215. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City , Utah, this day of , 1987. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc46 IR-215-9(77: ; Salt Lake County California Avenue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT, made and entered into this day of , 198 by and between the UTAH DEPARTMENT OF TRANSPORTATION, Party of the First Part, hereinafter referred to as the "UDOT" and SALT LAKE CITY CORPORATION, a Municipal Corporation of the State of Utah, Party of the Second Part, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the UDOT is engaged in preparing plans, specifications and estimates of costs toward constructing that certain section of Federal-Aid 1-215, identified as IR-215-9(77)21, California Avenue Interchange in Salt Lake County, Utah. Said construction necessitates work consisting of relocating City's culinary water facilities as shown on City furnished plans, which by this reference are made a part hereof; and WHEREAS, it is the desire of the City for the UDOT to include in its construction plans, items of work for replacing and adjusting City's culinary water facilities in accordance with the provisions of the Federal Highway Administration's "Federal-Aid Highway Program Manual," Volume 6, Chapter 6, Section 3, Subsection 1. The City reserves the right to inspect said work and will perform the necessary operation of valves to accommodate said work; and WHEREAS, the City desires to include a betterment in said work consisting of having 12 feet of 42-inch casing installed for a future culinary water line; and WHEREAS, the UDOT is agreeable to the construction of said betterment providing the difference in costs between the minimum construction required and City's desired construction shall be at the sole cost of the City as shown in the cost estimates included herein; and WHEREAS, in accordance with the "Federal-Aid Highway Program Manual", Volume 6, Chapter 6, Section 3, Subsection 1, the City has determined, with the concurrence of the UDOT, that expired service life credit is not required as a result of said work; and WHEREAS, the UDOT has determined by formal finding that payment for said work on public right-of-way is not in violation of the laws of the State or any legal contract with the City. - 1 - IR-215-9(77: ; Salt Lake County California Avenue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 THIS COOPERATIVE AGREEMENT is made to set out the terms and conditions whereunder said work shall be performed. NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. The UDOT has incorporated City prepared plans, specifications and estimates into its highway plans and in conjunction with the above noted highway project will advertise for bids, will award a contract to the low bidder and will administer construction of the work covered by this agreement. 2. The City shall perform the necessary operation of valves to accommodate said work and, should it desire to do so, perform inspection of the work on City's facilities which will be performed by UDOT's Contractor. The City's engineer and/or inspector shall work with and through UDOT's Project Engineer and shall give no orders directly to UDOT's Contractor unless authorized in writing to do so. 3. The UDOT, through its Project Engineer, will notify the City at least twenty-four (24) hours in advance of performing any work covered by this agreement. 4 . The City's personnel shall notify UDOT's Project Engineer or his authorized representative upon arriving and leaving the project site for verification of work performed by City for reimbursement purposes. 5. The UDOT, through its Project Engineer, will keep daily record of the work performed by the City, such daily record to be in duplicate on a form to be prepared by the City and/or the UDOT, whichever is agreed upon between the City and the UDOT's Accounting Division. The type of form to be used shall be approved by UDOT's Contracts, Estimates and Agreements Office. Said daily record shall be signed by UDOT's Project Engineer and City's authorized representatives in the space provided for on said record form. Copy of said record form shall be retained by all parties to this agreement. 6. In the performance of said work, the City will adhere to the procedures outlined in UDOT's "INSTRUCTIONS REGARDING REIMBURSEMENT FOR UTILITY WORK ON FEDERAL-AID PROJECTS," which by this reference is made a part hereof. 7. The cost of said work is shown in an estimate prepared by the UDOT, in the amount of $3,359.80 details of which are as follows: - 2 - IR-215-9(77): Salt Lake County California Avenue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 WORK TO BE PERFORMED BY UDOT'S CONTRACTOR AT UDOT'S EXPENSE. Item Unit No. Description Quantity Unit Price Amount 1 Adjusting 12" Water Main 1 Lump 2000.00 2,000.00 9.8% Eng. & Cont. _ 196.00 TOTAL $2,196.00 PRELIMINARY ENGINEERING AND INSPECTION TO BE PERFORMED BY THE CITY AT UDOT'S EXPENSE ON ABOVE WORK. Engineering 16 hours $15.00/hour $240.00 Drafting 2 hours $12.68/hour 25.36 Surveying 2 hours $36.00/hour 72.00 Inspection 8 hours $12.68/hour 101.44 TOTAL $438.80 NOTE: The above preliminary engineering and inspection costs are estimates only. Reimbursement will be made on the basis of actual costs incurred. TOTAL ESTIMATED COST TO UDOT IS $2,634.80. WORK TO BE PERFORMED BY UDOT'S CONTRACTOR AT CITY'S EXPENSE (BETTERMENT) Item Unit No. Description Quantity Unit Price Amount 1 42" Special Corrugated Metal Pipe Culvert Class C 12 Lin Ft 55.00 660.00 9.8% Eng. & Cont. _ 65.00 TOTAL $725.00 NOTE: The above betterment cost is an estimate only. Total payments by the City to the UDOT will be made on the basis of actual costs incurred. TOTAL ESTIMATED COST TO CITY IS $725.00. TOTAL ESTIMATED COST TO THE UDOT FOR CITY'S REIMBURSABLE FORCE ACCOUNT WORK IS $438.80. - 3 - IR-215-9(77): Salt Lake County California Avenue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 8. The City, upon execution of this cooperative agreement, shall deposit the lump sum amount of Seven Hundred and Twenty-five Dollars ($725.00) with the UDOT's Comptroller's office located at the UDOT/DPS Complex, 4501 South 2700 West, Salt Lake City, Utah, 84119. The final amount of City's participation shall be determined upon completion of construction. 9. All materials from City's existing facilities which are recovered by UDOT's highway Contractor while performing the work as herein described and not reused on this project shall become the property of said highway Contractor. 10. In the event there are changes in the scope of the work, extra work, or changes in the planned work covered by this cooperative agreement, reimbursement therefor shall be limited to costs covered by a modification to this agreement approved in writing by all parties hereto prior to the start of work on the changes or additions. 11. The City agrees that, upon completion of the construction of said water facilities, to accept said water facilities as a part of City's culinary water facilities and to maintain said water facilities at no cost to UDOT. UDOT agrees that City shall be the sole owner of said water facilities upon completion of the project. To the extent it may lawfully do so, City further agrees to relieve UDOT from any responsibility or liability that may result from the construction and continuing operation of City's culinary water facilities. 12. The UDOT will reimburse the City for its preliminary engineering and inspection within sixty (60) days after receipt of itemized bills in six (6) copies bearing the project number together with supporting sheets therefor, covering the costs incurred by the City for performing the work required under the terms of this agreement. Reimbursement will be made only for items complying fully with the provisions of FHPM 6-6-3-1. Said itemized bills covering said work shall be submitted by the City within one hundred twenty (120) days following completion of the work to: Office of Construction, UDOT/DPS Complex, 4501 South 2700 West, Salt Lake City, Utah 84119, Attention: Contracts, Estimates and Agreements Supervisor. All bills shall be reviewed by UDOT's Project Engineer for verification of the work performed. Any work performed without proper notification to UDOT's Project Engineer or his authorized representative at project site shall be cited to the City and deducted from the reimbursement. 13. Reimbursable costs for work performed under the provisions of this agreement shall be developed in accordance with Paragraphs 8 and 10 of FHPM 6-6-3-1. - 4 - IR-215-9(77' ; Salt Lake County California Avenue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 14. The UDOT and/or the Federal Highway Administration shall have the right to audit all cost records and accounts of the City's preliminary engineering and inspection charges pertaining to this project in accordance with the auditing procedure of the Federal Highway Administration and FHPM 6-6-3-1. Should this audit disclose that the City has been underpaid, the City will be reimbursed by the UDOT upon submission of additional billing to cover the underpayment. Should this audit disclose that the City has been overpaid, the City will reimburse the UDOT in the amount of the overpayment. 15. The City shall have the right to audit all cost records and accounts of the UDOT pertaining to the betterment portion of this project in accordance with the audit procedure of the Federal Highway Administration and FHPM 6-6-3-1. Should this audit disclose that the UDOT has been underpaid, the UDOT will be reimbursed by the City upon submission of additional billing to cover the underpayment. Should this audit disclose that the UDOT has been overpaid, it will either reimburse the City or advise the City of its objections to do so within thirty (30) days. 16. It is understood that access for maintenance and servicing of City's facility being relocated and/or adjusted under the terms of this agreement will not be permitted from the through traffic roadways or ramps of the Interstate highway and that City will abide by conditions for policing and other controls in conformance with UDOT's "REGULATIONS FOR ACCOMMODATION OF UTILITIES ON FEDERAL-AID AND NON-FEDERAL-AID HIGHWAY RIGHTS-OF-WAY", a copy of which has been furnished to the City and any supplements or amendments thereto. - 5 - IR-215-9(77)" ; Salt Lake County California A .tue Interchange. Salt Lake City Corporation (Water Department) Authority No. 5929 W-9666 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. ATTEST: SALT LAKE CITY CORPORATION, A Municipal Corporation of the State of Utah. By Title Title (IMPRESS SEAL) ********************************** **************************************** ATTEST: UTAH DEPARTMENT OF TRANSPORTATION By Secretary Director RECOMMENDED FOR APPROVAL: FUNDS AVAILABLE: Engineer for Preconstruction Budget Officer Date APPROVED: Engineering Coordinator APPROVED AS TO FORM: DAVID L. WILKINSON, ATTORNEY GENERAL Director of Finance By Assistant Attorney General - 6 - • • • t)3 LEROY W HOOTON, JR. SAE I ... .1 I1 DIRECTOR DEPARTMENT: OF°PUBLIC UTILITIES- JOSEPH S. FENTON WATER- SUPPLY.& WATERWORKS PALMER DEPAULIS SUPERINTENDENT, WATER RECLAMATION 2: WATER RECLAMATION'ern es MAYOR WENDELL E. EVENSEN, P"E. 1535SOUT}{,,WEST''TEMPLE SUPERINTENDENT SALT LAKE CITY, UTAH 84115 WATER SUPPLY & WATERWORKS April 8, 1987 TO: Salt Lake City Council RE: Interlocal Agreement between Salt Lake City Corporation and Salt Lake County for the installation of Watermain Extension No. 33-C-1373. Recommendation: That the Council approve the agreement and forward to the Mayor for execution in behalf of the City. Availability of Funds: At developers cost. Discussion: The City is requiring an easement to construct and thereafter will operate and maintain the pipeline within the right of way limits of the County roads. 1. Please return four (4) agreements with attached plans to this office to be forwarded to the county for final execution. Submitted by: t'41°6:4011d:44-Ds LOY W. TON, JR. Director Department of Public Util 'es /srb Attachments 41-28 • RESOLUTION NO. OF 1987 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U. C. A. , 1953, as amended , allows public entities to enter into cooperative agreements to provide joint undertakings and services ; and WHEREAS, the attached agreement has been prepared to accomplish sa id purposes ; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah : 1. It does hereby approve the attached agreeement generally decribed as follows : An easement in a county street for a water main . 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City , Utah, this day of , 1987. SALT IAKE CITY CORPORATION By CH?AIRMAN ATTEST: CITY RECORDER — — Easement for Pipelines This agreement, made and entered into this 3rd day of April 19_.8Z, by and between the COUNTY OF SALT LAKE, State of Utah, hereinafter SALT LAKE CITY CORPORATION called the County, First Party, and ..0EST......0):..PABLIC.UTI1,1.T.1.55••••-•-.•.... ... .... hereinafter called Grantee, Second Party, Witnesseth: WHEREAS, the Grantee is desirous of obtaining from the County an easement to construct, and thereafter maintain and operate pipelines within the right-of-way limits of County roads and highways within said District and immediately adjacent thereto for the purpose of MT WATER SUPPLY �(WATERNIAIN EXT. 33-C71373) and WHEREAS, the County is willing to grant said easement under the terms and conditions hereinafter set forth, NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. LOCATION OF PIPELINES_ (Address) 1058 East 3950 South Length of Cut (feet) a distance of approximately 320 feet CtonAmxastYw,s Owner. Corp. Co. ect,. Address 1530 South West Temple, Salt Lake City, Utah 84115 The pipelines to be installed, the diameter of which shall not exceed (42) forty-two inches, shall consist of .....__..6-inch Ductile Iron pip satisfactory to the County in all respects. The location of the pipelines within the roads and highways, on one or both sides shall be as near the right-of-way lines as practicable in accordance with the plans, specifications and maps prepared by Dept. of Public Utilities Engineers and on file in the offices of the parties hereto. The foregoing description of pipeline location is subject to such changes or variations therefrom as may be required or approved by the County Roads & Bridges Department at the time of construction. Following completion of construction the foregoing numbered detail sheets will be furnished showing distance from right-of-way line to pipeline center lines on all roads and highways where said pipelines are inotalled. 2. APPROVAL OF CONSTRUCTION. • The excavation of trench for said pipelines shall not be commenced by the Grantee until and after notice has been given by the Grantee, to said County Roads and Bridges Department. Construction shall be carried forward to completion in the manner required by said Department. 3. PROTECTION OF TRAFFIC DURING CONSTRUCTION. The Grantee shall so conduct its construction operation that there shall be a . minimum of interference with or interuption of highway traffic. The Grantee shall conform to such instruction of said Department as may be given with respect to hand- ling of traffic, and shall at all times maintain such watchmen, barricades, lights or other measures for the protection of traffic as may be required to warn and safe- guard the public against injury or damage during the operations of the Grantee in constructing said pipelines. 4. COMPACTION OF BACKFILL. The backfilling of any trench within the paved portion of the highway, the shoulders thereof, or the portion under or intersecting street or highway shall be thoroughly compacted. Method of compaction shall be subject to review by the Salt Lake County. The Grantee shall be liable for any damage which may result to the pavement due to failure to properly compact the backfill. 5. RESTORATION OF EXISTING PAVEMENT. The Grantee, shall replace, at its expanse, any pavement removed or damaged with the same type and depth of pavement as that which is adjoining, including the gravel base material. This pavement shall be constructed in conformity with the Standard Specifications and shall be subject to the inspection and approval of the Roads and Bridges Department of the County. It weather conditions do not permit immediate placing of permanent pavement, a temporary pavement shall be placed until such time as weather conditions are favorable, at which time the temporary pavement shall be removed and replaced with a permanent pavement. If the gravel surface, gravel shoulders, or gravel surfaced approach roads become fouled with clay or other unsuitable material, such entire surfacing shall be removed and replaced with new gravel surfacing material. No cleated or metal crawler type equipment shall be per- mitted to operate on any county hard surfaced street. The repairs to pavement or surface shall include pavements which might have been damaged with construction equipment. The County shall have the option of restoring said roadbed to its origi- nal condition in every part of said highway at the expense of the Grantee. 6. DISPOSAL OF SURPLUS MATERIAL IN CLEANING UP HIGHWAY. Upon completion of the work, all surplus material shall be removed from with- in the limits of the highway. The disturbed surface shall be carefully graded to the lines and grades established. Any highway facilities such as signs, culverts, etc. disturbed or damaged during the progress of the work shall be properly restored to their original condition. 7. MAINTENANCE OF PIPELINES BY GRANTEE. The said pipelines shall at all times be maintained, repaired, renewed and operated by and at the expense of the Grantee in such a manner as shall most suit- ably protect the highway and the traffic thereon, and shall be subject to the approv- al of the County. The County reserves the right, without relieving the Grantee of its obligation hereunder, to reconstruct or to make such repairs to said pipelines as it may consider necessary in the event the Grantee shall fail so to do, upon notifi- cation by the County, and the Grantee hereby agrees to reimburse the County for the cost of such reconstruction or repairs. a RECONSTRUCTION OF HIGHWAY. In the event that any of said highways or portion thereof is so reconstructed at any future date as to location, grade or width so as to require the relocation of the waterline or lines thereon, or adjustment of manholes or other facility thereof including service connections, the Grantee shall assume and pay all costs incident to relocation of the pipeline or adjustment of manholes or other facility thereof including service connections, the Grantee shall assume and pay all costs incident to relocation of the pipeline or adjustment of the facilities thereof. 9. CROSSING OF PIPELINE IN EXPANSION OF HIGHWAY SYSTEM. It is expressly understood and agreed by the parties hereto and as part of the consideration for this agreement that the County shall have the right to cross said pipelines at any point necessary in the future construction and expansion of the county highway system, provided that the County shall use due care and diligence in the protection of said pipelines in making such crossings. 10, LIABILITY, Any supervision or control exercised by the County, or on its behalf, shall in no way relieve the Grantee of any duty or responsibility to the general public, nor relieve said Grantee from any liability for loss, damage, or injury to persons or property sustained by reason of the installation, maintenance, repair or removal of the pipelines and its appurtenances, nor of said Grantee's liability for damage to the highway; and the Grantee shall protect and indemnify and save harmless the County from any and all damages, claims or injuries that may occur by reason of the construction, maintenance, repair or removal of said pipelines by the Grantee, provided, however, that this agreement shall not constitute an admission of any liability as to any third party or give to any third party any-greater or further right of cause of action, it being understood and agreed that neither the County nor. the Grantee recognized any liability for any acts of negligence whether of odmission or commission, of any of its agents, servants or employees. 11, AGREEMENT NOT TO BE ASSIGNED, The Grantee shall not assign this agreement or any interest therein without the written consent of the County. 12, SUCCESSORS AND ASSIGNS, - All covenants and agreements herein contained shall be binding upon the . parties hereto, their successors and assigns. 13, SUBJECT TO, This easement is subject to the right of the Grantor at all times as the Grantor deems necessary to construct roads, public buildings, sidewalks, parks or to carry out any other county propose over the area covered by this easement, and when the Grantee's lines, structures and appurtenances or any of them interfere with any county prupose, the Grantee will remove such lines, structures or appurtenances within a reasonable time after notice to do so by the Grantor and at the expense of the Grantee. IN WITNESS WHEREOF, the County and the Grantee have caused these presents to be signed by their proper officials thereunto duly authorized as of the day and year first above written. COUNTY OF SALT LAla Chairman Attest: SALT LAKE CITY CORPORAT.P2: County Clerk By By CITY RECORDER MAYOR Attest: Secretary • DESCRIPTION OF UTILITY LINE AGREENF TF AT 3050 SOUTH AND 1040 EAST, BLOCK 10, 10 ACRE PLAT "A" FOR A 6" DUCTILE IRON WATERMAIN FOR RIC:HARD HOFHINE. DESCRIPTION Beginning at the end of an existing 6" watermain 13 feet West from the centerline of 1040 East Street and 387 feet South from the centerline of 3900 South Street, and running thence Southeasterly to a point 8 feet more or less South of the centerline of 3050 South Street, thence East to a point 7 feet North of the Northeast corner of the Richard Hofhine property. A total of 275 feet more or less of 6" Ductile Iron Pipe. Prepared By R. Eastman Date: April 6, 1987 Checked By (r Typed By R Eastman Proofread By LEGISLATIVE ACTION DATE: April 21 , 1987 SPONSOR: Council Member Grant Mabey, District Two DESCRIPTION OF ACTION: An ordinance amending the location limitation of Sec. 19-2-19, for licensing establishments with a Class "C" beer license, or a Class "B" private club license, by adding proximity to a residence of up to 100 feet asa consideration. • REFERRED TO: (1 ) City Attorney Roger:cutler far preparationl.of the ordinance. (2) Planning Director Vernon Jorgensen for recommendations. (3) Police Chief Bud Willoughby for recommendations. (4) Licensing Supervisor John Katter for recommendations. ri + 1 OFFICE-OF,T,HEe-CITY,-,COUNCIL ' �r L ' SUITE 300, CITY-HALL 324'.SOUTH .STATE,STREET: :SALT AKE C1.TY,'U AH.84,1 April 15, 1987 MEMORANDUM TO: Council Members FROM: Larry Livingston XoL RE: Taverns and private clubs adjacent to residential uses . Recently, the licensing application of a tavern, the Siver Dollar Lounge at 244 West 400 South, has brought to my attention the inadequacy of our lisencing procedures for Class "C" beer and Class "B" private club licenses. Because the location of this proposed tavern and private club was within 600 feet of a public park (Pioneer Park) , the Planning Commission reviewed the application to recommend to the Mayor whether or not to waive the distance requirement . In this particular case, the major reason why issuance of a license would be a bad idea was that the parking lot at the rear of the building is immediately adjacent the Redevelopment Agency's residential development for Block 49. Balconies from the residential units look directly down on the rear of this establishment . To allow a tavern at this address would mean that during the summer months patrons from the tavern would be leaving the tavern at 2:00 A.M. directly under the bedroom windowns of several units . Under the law, though, this consideration was not relevant to the Planning Commission's deliberations . Unfortunately, our ordinances talk about churches, public parks, and schools, but ignore the issue of proximity to residences. The attached amendment attempts to address this problem. For your information, in the case of the Siver Dollar Lounge, the Commision recommended denial to the Mayor based on proximity to the Park. In cases such as these, denials could be much more defensible with added standards such as consideration of proximity to residential uses. DRAFT yfl5/ 7 Section 19-2-19. Location limitation of certain licenses . (a) * * * (b) No Class "C" beer establishment and no Class "B" nonprofit club may be licensed or operate under the provisions of these revised ordinances, which is in close proximity to a residence, to a public park, public elementary, junior high or high school or a church, without having first received approval from the Mayor. Such approval shall be given only after: (1) The Mayor has received recommendations regarding such an establishment from the Planning and Zoning Commission of Salt Lake City and the Salt Lake City police department ; and (2) A public hearing has been held, with actual written notice having been given, where applicable, to the owner of the residence, to the parks superintendent , school superintendent or to the church and to the City and the residents thereof by at least one publication in a paper of general circulation in Salt Lake County at least ten days before the hearing stating the purpose, time, date, and location of said hearing; and (3) A finding by the Mayor that the proposed location will not materially interfere with the activities and functions of said residence , parks, school , or interfere with church worship or church related activities. For the purposes of this section, a residence which is located 100 or more feet from the proposed establishment , or a public park or public elementary, junior high or high school or church which is located 600 or more feet from the proposed establishment, shall not be considered to be in close proximity to said establishment and no notices or hearings need be given or held prior to the granting of a class "C" beer license or class "B" private club license . vp,K c C/K y 4:' BOARD Eddie P. Mayne, Chairman - • >- PALMER A. DEPAULIS, Mayor J. Alan Blodgett • William H. Kibbie • Don A. Mackey LOUIS E. MILLER Mirvin D. Borthick • Joseph Rosenblatt O Director of Airports Aline W. Skaggs • Elaine B. Weis • Thomas K. Welch '� OR A�-c April 10, 1987 Roselyn Kirk, Chairperson and Salt Lake City Council Salt Lake City Hall 324 South State Street Salt Lake City, Utah 84111 Dear Chairperson Kirk and Council Members : Recommendation: Approve changes to various sections of Chapters 2, 3, 12, 14, 15, 16, and 19 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1986, as Amended, relating to aeronautics. Fiscal Impact: (1) Eliminates minimum landing fee of $5.50 for aircraft weighing less than 12,500 lbs. (2) Reallocates cargo ramp use fees by eliminating hourly ramp parking rates. Discussion: Because of the rapidly changing airport environment, several sections within Title 2 require updating and modification. The proposed changes intend primarily to provide for additional safety and security measures in the terminal and ramp areas. The fee modifications proposed intend to eliminate the minimum $5.50 landing fee for small aircraft and instead impose rates which are commensurate with the method for calculating fees for larger aircraft. The cost formula in Sec. 2-2-24 (2) is altered to eliminate hourly aircraft parking fees and reallocate those costs to landed weights and usages. May I therefore respectfully request that the Council approve the changes to the above outlined Title II sections as shown in more detail on the attached legislative copy. Respec fully submitted, t is E Miller Salt Lake City Airport Authority • AMF Box 22084, Salt Lake City, Utah 84122 • (801) 539-2400 SALT LAKE CITY ORDINANCE NO. of 1986 (Aeronautics) AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTERS 2, 3, 12, 14, 15, 16 AND 19 OF TITLE 2 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1986, AS AMENDED, RELATING TO AERONAUTICS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Sections 20, 21, 24, and 28 of Chapter 2 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to use of airport facilities, be, and the same hereby are AMENDED as follows: Sec. 2-2-20. Landing fees. There is hereby imposed on every operator engaged in the business of transporting by air persons or property for hire, including but not limited to travel clubs, canon carriers, contract carriers, foreign air carriers and charter operators, landing fee for each aircraft (fixed wing) landing made at Salt Lake City International Airport. The landing fee shall be computed by multiplying the landing fee rate, as amended fran time to time and charged to commercial airlines in accordance with the formula in Exhibit "C," Part I(a) of the Airport Use Agreement with participating air carriers dated July 1, 1978, by the number of thousands of pounds, or fraction thereof, of certified maximum gross landing weight, as defined in the Federal Air Regulations, of the aircraft whether the aircraft is actually in revenue service or not. [or a minimum of $5.50 per landing, whichever i3 greater]. (1) Any air carrier that has a valid and existing (not terminated or expired) Airport Use Agreement with the City providing for the payment of landing fees for use of Salt Lake City International Airport shall be exempt from the landing fee imposed by this section. (2) Any such operator that is a fixed bace operator based at Salt Lake City International Airport and operates a charter or air taxi service on a request basis shall, unless such operator has a valid and existing agreement with the City providing for the payment of landing fees as established by ordinance, be exempt fran the landing fee imposed by this section. (b) There is hereby imposed on every operator, not otherwise exempt, of a helicopter for the carriage of persons or property for hire a landing fee for each helicopter landing made at Salt Lake City International Airport of_ $1.50 per landing, regardless of weight. (c) The term "landing" as used herein shall include all landings, whether revenue or non-revenue. The foregoing notwithstanding, the term "landing" for purposes of landing fee computation shall not include the situation where an aircraft departs fran the Salt Lake City International Airport for another destination and, without making a stop at another airport, said aircraft is forced to return to and land at Salt Lake City International Airport because of meteorological conditions, mechanicAl or operating causes or for a similar emergency or precautionary reasons. Sec. 2-2-21. Use of Airport facilities-restricted areas. No person shall enter any restricted area [posted as being closed to the public] except by permission of the Director, which permission shall be in the form of appropriate identification. Such identification must be worn on the left front side of the outer garment at all times a person is within any such restricted area, except when actually handling cargo/baggage, performing aircraft/equipment maintenance, or during inclement weather, when the badge must be presented upon request. [It shall be unlawful for any] No person [fie] shall use the identification of another [and likewise it Shall be unlawful for any person issued an identification to] or allow another person to use [same] his or hers. (a) Disclosure of confidential information. No person may disclose confidential information regarding security to any person not authorized to have the information. This includes, but is not limited to, disclosing combinations to combination locking devices used for Airport security purposes. (b) Duplication of Airport keys. No person may duplicate Airport keys or keying devices without-permission from the..Director. . - (c) Screening requirements. No person shall be in any area beyond the screening check points unless that person has been screened in compliance with federal requirements or is exempt therefrom. (d) Security. No tenant or its employees shall allow or permit any person or vehicle to enter any area except that immediately controlled by the tenant unless that person or vehicle is properly escorted or badged/marked as required by security regulations. (e) Perimeter gates. No person with a gate access card shall leave a perimeter gate open after entering or exiting therethrough unless the gate is attended. Sec. 2-2-24. Personnel on runways and taxiways. Pedestrian traffic in any form is strictly forbidden on runways, [ate] taxiways, and across ramps between concourses. Exceptions may be granted only by the Director, in writing. Sec. 2-2-38. (1) Cargo carrier ramp use fee. There is hereby imposed on every operator, engaged in the business of transporting property by air for hire, Cargo Carrier Ramp Use Fees for each separate use of the cargo ramp facility at Salt Lake International. The Cargo Carrier Ramp Use Fee shall be computed on an annual basis by the City, for each fiscal year, first determining the cost of: (a) Investment by the City for construction of the ramp; (b) Associated site development costs; (c) Administrative and maintenance costs; (d) A percentage equal to two percent (2%) of the total costs as outlined above representing the City's return on this investment. (2) Cost formula. The investment costs associated with the ramp shall be amortized over a twenty (20) year period for the .purpose of determining a yearly investment cost at an interest rate equal to the rate charged participating airlines for City investment as detailed in the Airport Use Agreements. The City shall then take the sum of the yearly investment cost, the cost of administration and maintenance, and the percentage return on City investment, and shall allocate them as follows: (a) 35% [300] of total yearly cost to aircraft usage. (b) 65% [b&%-] of total yearly cost to gross weight; [ (c) 10% of total yearly cost to layover. ] (3) Fee determination. After these costs are allocated, fees to be charged to aircraft using the facilities shall be determined as follows: (a) The amount determined in (2) (a) above shall be divided by the total number of aircraft utilizing the cargo ramp facilities in the prior year to determine a flat rate fee to be charged to each aircraft per use. (b) The amount determined in (2) (b) above shall be divided by the total gross CERTIFIED landing weight of aircraft utilizing the cargo ramp in the prior year to establish a basic rate per 1000 pounds, or fraction thereof, of maximum gross certified landing weight and shall be charged according to each aircraft per use. ((c) The amount determined in (2) (c) above shall be divided by the -total number of hours over three per U3C that aircraft utilizing the cargo ramp facilities experienced during the prior year to establish an hourly, or fraction thereof, layover rate to be charged each aircraft which parka on the for a period of over three hours Zaf-uae7-] (4) Payment. Bills shall be submitted to the airline on a monthly basis and shall be payable within thirty days of day of receipt. SECTION 2. That Sections 39 and 49 of Chapter 2 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to use of airport facilities, be, and the same hereby are ADDED to read as follows: Sec. 2-2-39. Alarms. No person may enter or exit through or activate any alarmed emergency fire escape door for other than its intended use without the prior permission of the Director. Sec. 2-2-40. Passenger courtesy carts. (a) No person may operate any vehicle inside a City-awned building at the Airport without proper authority or in excess of five miles per hour. The owner of any such authorized vehicle shall install and maintain a speed governor on each such vehicle which will prevent exceeding said speed and at all times shall be maintained in a safe operating condition. Any person operating such vehicle shall yield to pedestrians; not pass pedestrians unless there is enough space to leave an eighteen (18) inch clearance between vehicle and pedestrian; and otherwise operate the vehicle in a safe manner. (b) The Director may prohibit such vehicles or limit their use at any time. SECTION 3. That Section 23 of Chapter 3 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 19865, as amended, relating to general flight regulations, be, and the same hereby are AMENDED as follows: Sec. 2-3-23. Ultralight and ultralight-like vehicles. [Ultralight or simLilak vehicles, ceL Lified oL noel ceL Lified, LegisLered or i3On registeL , UpeLaLed by liueiised OL hurt lilC1i i pilots shall noL be opeLated Oil vL f Lhe AiLpoLL. This Section Leferenue , but is noL limited tu, ulLraligliL vehicles addLe55ed in FAR 103. ] Any person desiring to operate an ultralight vehicle or similar craft including those addressed in FAR Part 103 at or from the airport shall first obtain a written permission from the Director, and comply with the terms thereof. SECTION 4. That Section 2-12-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to fuel containers, be, and the same hereby is AMENDED as follows: Sec. 2-12-2. Fueling containers. The refueling of all aircraft and vehicles shall be accomplished only by use of fuel [gasoline] trucks or pumps and pits approved by the Director. being refueled. Refueling Irani LarLelb uL uLheL Such wnLainerb is pLolribited] Fueling equipment shall meet National Fire Prevention Association standards. Any other refueling procedures requires prior written permission fran the Director. SECTION 5. That Section 2-12-20 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to self fueling, be, and the same hereby is ADDED to read as follows: Sec. 2-12-20. Self fueling. Aircraft owners or pilots desiring to conduct self fueling operations shall notify the Director in writing, obtain a written permit from the Airport and comply with the terms thereof. SECTION 6. That Sections 3 and 7 of Chapter 14 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to general rules of conduct, be, and the same hereby are AMENDED as follows: Sec. 2-14-3. Firearms and explosives. Na person except authorized peace officers, post office, customs, express and air carrier employees, members of the armed forces of the United States or members of the National Guard, on official duty, shall carry any loaded or unloaded firearm, explosive, ammunition or [f afeiab1e *uterial nth '�cn__urse er any other re3tricted area at the Airport without the prior written permi33ion of the Director; provided, however, Such permi3sion need not be obtained for] other dangerous weapon or device except an unloaded firearm being delivered for Shipment by air carrier and being delivered directly to the air freight office or the airline ticket counter. [Cpccific authorization may be given by the Mayor far the u3e of firearms for the elimination ate-ai-rera€t or—to the public. ] Sec. 2-14-7. [Flying of model airplancae. No person 3ha11 fly any model airplane on Airport controlled propertic3 without the prior written approval of the Director. ] SECTION 7. That Section 2-14-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to littering, be, and the same hereby is ADDED to read as follows: Sec. 2-14-8. Littering. (a) No person shall discard or deposit any glass, nails, wire, cans, rocks or gravel, or any other substance or material on the airport. Any such discards or deposits shall be removed at such person's expense. (b) No vehicle shall be driven or moved upon the Airport unless such vehicle is so constructed, loaded, and/or covered so as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom. SECTION 8. That Sections 1, 2, 3, 4, 7, and 9 of Chapter 15 of Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating • to motor vehicles regulations, be, and the same hereby are AMENDED as follows: Sec. 2-15-1. Operations in accordance with State law. (a) No person shall operate a motor vehicle on the Airport except in strict compliance with the motor vehicle laws of the State and the ordinances of the City, and in addition thereto, such persons shall conform to the regulations set forth in this chapter. (b) No person or owner shall drive, permit to be driven, stopped or parked on any street, parking lot, alleyway, or driveway within the Airport, any vehicle which is required, under the laws of the State of Utah, to be inspected and registered unless such vehicle has been inspected and registered and has attached thereto in proper position a valid and unexpired certificate of inspection as required by the laws of the State of Utah. (c) All vehicles operated on Airport property including ramp areas shall be maintained in a safe operating condition. Sec. 2-15-2. Parking areas. (a) Parking areas for motor vehicles shall be set aside for Airport employees and the general public. ND person shall park a motor vehicle or a trailer in any place on the Airport other than those areas designated by the Director. No person shall park a vehicle in an area designated as an employee parking lot unless the said vehicle displays a currently effective employee parking sticker issued by the Director. [For the purpose of this Section motor vehicles shall be defined by Section 46 1 22, Revised Ordinances of Salt Lake City, Utah, 1965] Such permits shall not be valid if the information thereon is not clearly visible and readable. (b) Except as provided in subsection (c) of this section, no automobile, truck or other motor vehicle shall be parked in or in front or in the vicinity of any hangar. [except for service delivery vehicles actually making a delivery and then only long enough to make Said delivery. ] (c) Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars when the aircraft is being flown. Service or delivery vehicles may park next to a tenant's hangar long enough for delivery. All others shall park in public lots. (d) All parking of motor vehicles in the T-hangars, shade hangars, or other aircraft parking areas, other than provided in (c) above, is prohibited. (e) No person shall park a motor vehicle on the Airport in excess of seventy-two (72) consecutive hours unless it is parked in the public parking area or with the approval of the Director. (f) No person shall park a motor vehicle in an area designated as a public parking lot unless said person pays the authorized rate for such parking lots. A schedule of parking rates shall be available in the Airport Authority Office of Finance and Administration. Sec. 2-15-3. Permission required to drive on loading areas. [(a) [Motor vchicle3, other than 3upport vehicles, shall not be permitted on ramps area3 except for the loading or unloading of aircraft pa3scngcr3 and/or baggage. Wncn on the ramp, 3uch vehicic3 mu3t display proper identification i33ucd by the Director]. (a) Any motorized vehicle being used on the ramp as a service vehicle must [bear suitable) display the airport-issued identification [whieh designates the--operator to wI om the vehicle i3 a33igncd i33ucd by the Director. ] sticker. Each such vehicle must also bear company identification visible from fifty feet on both sides of the vehicle. (b) No person or vehicle is permitted in, on or around any secured area, such as, but not limited to any, hangar, landing field, runway, apron, taxi-strip, without prior permission from the Director. Automobiles, trucks and other equipment (including Airport maintenance and emergency vehicles) being driven on any landing area, runway, taxi-strip or apron must display a standard checkered flag or flashing amber or red light, as appropriate, if operated during the nighttime, or when applicable, marked in accordance with FAA Regulations or as directed by the Director and must not be operated without prior permission of the control tower or the Director. Sec. 2-15-4. Vehicle ramp operations. (a) Motor vehicles shall be operated on established streets and roadways within the Airport in strict compliance with speed limits posted on traffic signs. They shall also be maintained and operated in conformity with all motor vehicle regulations and laws of the State and City. Motor vehicles being operated on.any passenger loading ramp, aircraft parking ramp, or in any area immediately adjacent to the terminals or hangars, shall be driven cautiously and at a safe and reasonable speed, but not to exceed twenty (20) miles per hour. (b) [Usc of ramp roadways] Vehicles shall only be operated within the limits of the designated painted roadways on the air operations areas. (c) Vehicle operators shall observe all traffic markings painted on pavement surfaces of the aircraft operations area. (d) All vehicles shall yield right of way to any aircraft when the aircraft is under tow or has its engines operating. No vehicle shall proceed past such aircraft until the vehicle's progress will not impede the aircraft's movement. This ordinance does not preclude the establishment of agreements to the contrary between the Airport Authority and the Federal Aviation Administration. Sec. 2-15-7. Parking vehicles. No person shall park a vehicle on the Airport other than in the manner and at locations indicated by posted traffic signs and markings. Each hour a vehicle remains parked in violation hereof shall be a separate offense. Sec. 2-15-9. Impounding. Any vehicle parked in violation of Airport rules and regulations [for a period in CXCC3S of one hour ohall, upon rcquc3t of the Director] may be impounded by [ ] a certified peace officer and removed fran the Airport premises. [or the Director may at hi3 or her di3crction arrange to have Such illegally parked vehicle placed in the Airport public parking lot, ] In the alternative, such an officer may have such illegally parked vehicle relocated to the Airport public parking lot. In either event, the owner thereof shall pay for the tow charge, regular parking fees and other related charges. SECTION 9. That Section 2-16-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to penalty clauses, be, and the same hereby is AMENDED to read as follows: Sec. 2-16-2. Penalty. Any person guilty of violating any of the provisions of this title shall be deemed guilty of a class B misdemeanor_ [and punishable by a fine not to exceed $299 or impri3onmcnt not to exceed 3ix months or by both ouch fine and imprioonmcnt.] SECTION 10. That Section 2-19-4 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to bond requirements, be, and the same hereby is AMENDED as follows: , Sec. 2-19-4. Bond requirement. (a) Upon the execution of the lease agreement and prior to entering the premises, the lessee shall [oupply] provide to City [with] a performance bond, written with a company or companies acceptable to City, conditioned upon the faithful and true performance, observation and compliance with all of the terms, conditions and provisions of the lease agreement. Said performance bond shall be in an amount based upon 20% of the minimum guaranteed annual rental and fees rounded to the nearest one hundred dollars. In lieu of said performance bond, the City may, upon the approval of Director, accept a cash deposit equivalent to the performance bond and the City shall not be required to pay any interest on said deposit. (b) Airport users each shall provide to City a performance bond, written with a company or companies acceptable to City, conditioned upon the faithful performance, observation and compliance with Title 2 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to aeronautics. Said performance bond shall be in an amount based upon 200 of the users projected annual landing and other fees rounded to nearest one hundred dollars. In lieu of said performance bond, the City may, upon the approval of the Director, accept a cash deposit equivalent to the performance bond and the City shall not be required to pay any interest on said deposit. SECTION 11. That Section 2-19-19 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to graphics standards, be, and the same hereby is added to read as follows: Sec. 2-19-19. Graphics standards. No person shall knowingly violate airport graphic standards as they shall be established and changed from time to time by the Director. SECTION 12. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1986. CHAIRMAN ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: MAYOR ATTEST: CITY RIDER N G CONTRACT ROUTING FORM REQUESTING DEPARTMENT: PUBLIC WORKS--Transportation DATE: 4-3-87 DEPARTMENTAL CONTACT: SUBJECT: Street Lighting District_#2 Notice of Intention and Notice to Contractors Council Approval to be published in the Local paper. SIGNATURE: D0_1,(12,tt QatAati1/44_,v- YES I NO Number of Executed Documents Required: 18 Insurance Required Expected Contract Completion Date: Insurance Attached APPROVE FINANCE COMMENTS: — %NICE D,EPART,AENT Account Number: ATTORNEY COMMENTS: APPi3 TO r DA7r RECORDER COMMENTS: returned to on ' 3 t?e 7 conta or dept. (date) i;® I J 5� Altk 'e °TRANSPORTATION-ENGINEERING` PALMER DEPAULIS 3'33OUTHo 200:EAST: SUITE 20t JOSEPH R. ANDERSON MAYOR SALT_ LAKE CITY, UTAH,84101.- PUBLIC WORKS DIRECTOR TO: SALT LAKE CITY COUNCIL DATE: April 16 , 1987 RE: Street Lighting Assessment District #2 (SID #2) publication of Notice of Intention and Notice to Contractors. RECOMMENDATION: That the City Council approve the attached Notice of Intention and Notice to Contractors at the April 21, 1987 City Council Meeting for publication as part of the renewal process for the ten existing extensions and one new extension in SID #2. AVAILABILITY OF FUNDS: The District #2 cost estimate incorporates projected lighting costs to November 30 , 1992 . The estimate includes an annual inflation factor to cover projected rate increases during the five year period. The estimate also includes the retirement value of the lights in each extension to be paid off by the expiration date of the District. Abutting property owners are responsible for 75% of the total cost and Salt Lake City provides the remaining 25% as per City policy. DISCUSSION: As part of the audit conducted on Utah Power and Light to lower the cost of street lights an agreement was drawn up between Salt Lake City and UP&L to retire the book value of the lights in SID #3 . It is anticipated that this agreement will be extended to include the lights in SID' S #1 , and #2 as well as the General street lighting throughout the city. The cost estimates reflect this amount as mentioned in the previous paragraph. One new extension (10-57) will be added to SID #2 . This extension includes three of the 8 blocks that protested out of SID #1 in the Rose Park area last year . The reinstatement of these three blocks into SID #2 was petitioned by 90% of residents along these three blocks and has met with approval of The City Attorney, Public Works Director , and Council member Florence Bittner , representative of Council District #1 which includes the Rose Park Area. SUBMITTED BY: Joseph Anderson - Public Works Director 4 NOTICE OF INTENTION NOTICE IS HEREBY GIVEN by the City Council of Salt Lake City, Utah of the intention of said board to create a special improvement district to be known as Lighting District No. 2, to operate and maintain improvements and to levy assessments to pay all or a portion of the costs arising therefrom according to plans and specifications on in the office of the Transportation Engineer, to wit: To operate, maintain and patrol lighting improvements installed under Lighting District. No. 2. Said improvements would be operated and maintained by Utah Power and Light Company under a renewal of existing contracts along the following described streets in the following described areas and boundaries. Extension No. 10-20 STREET: Main Street: Both sides, South Temple to 5th South Street. AREA: Blocks 39, 40,51,52,57,58,69,70,75, and 76, Plat "A", Salt Lake City Survey. BOUNDARIES: North - South Temple Street South - 5th South Street East - State Street West - West Temple Street MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 6123.00 Total Estimated cost per front foot $20.59 Abutter's estimated cost per front foot $15.44 Estimated cost of abutter's portion $94,296.75 Estimated cost of City's portion $31,432.25 TOTAL ESTIMATED COST $125,729 .01 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension NO. 10-7I STREET: 300 South Street- West Temple to Main Street & State Street to 200 East AREA: Lots 5 and 6, Block 51; Lots 5 and 6, Block 53; Lots 1-4 inclusive, Block 56; and Lots 1-4, inclusive, Block 58; all in Plat "A" Salt Lake City Survey. BOUNDARIES: North - 200 South street South - 400 South Street East - 200 East Street West - West Temple Street MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 2611.00 Total Estimated cost per front foot $30.91 Abutter's estimated cost per front foot $23.18 Estimated cost of abutter's portion $60,527.61 Estimated cost of City's portion $20,175.87 TOTAL ESTIMATED COST $80,703 .48 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-8I STREET: 400 South Street - Main Street to State Street AREA: Lots 1-4 inclusive, Block 52; Lots 5 and 6, Block 39; all in Plat "A" Salt lake City Survey. BOUNDARIES: North - 300 South Street South - 500 South Street East - State Street West - Main Street MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 1244.00 Total Estimated cost per front foot $37.93 Abutter's estimated cost per front foot $28.45 Estimated cost of abutter's portion $35,387.88 Estimated cost of City's portion $11,795.96 TOTAL ESTIMATED COST $47,183 .84 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-31E: STREETS: 900 North street - south side - 800 West to a point 114.5 feet west of American Beauty Drive. Eclipse Way - both sides - Victoria Way to American Beauty Drive. Sterling Drive - south side - Poinsettia Drive to 1100 West. Sterling Drive - north side - Poinsettia Drive to a point 449.71 feet west of American Beauty Drive. San Fernando Drive - both sides - Lafayette Drive to 1100 West. Debonair Drive - both sides - Sterling Drive to American Beauty Drive. 800 North Street - both sides - 800 West to Poinsettia Drive. Talisman Drive - both sides - 700 North to 1100 West. MacFarland Drive - both sides - Poinsettia Drive to Lafayette Drive. Pinocchio Drive - both sides - Poinsettia Drive to American Beauty Drive. 700 North Street - north side - 800 West to 1100 West. 800 West Street - west side - 700 North to 900 North. Poinsettia Drive - both sides - 700 North to 900 North. Victoria Way - both sides - 700 North to 900 North. American Beauty Drive - both sides - 700 North to 900 North. Nocturne Drive - both sides - MacFarland Drive to Sterling Drive. Lafayette Drive - both sides - 700 North to Sterling Drive. 1100 West Street - east side - 700 North to sterling Drive. 1100 West Street - west side - north 352.35 feet from 800 North Street. AREA: All of Blocks 1 through 9, 11,15,16,17,and 18; Lots 1 to 9 inclusive and Lots 21 to 34 inclusive,Block 10; Lots 1,13 and 14; Block 13; and Lots 1 to 7 inclusive, and Lots 13 and 14, Block 14; Rose Park Plat C, a subdivision of Blocks 103, 105, 112 and 113, and part of Blocks 104 and 114 Plat C, Salt Lake City Survey,and part of the south 1/2 of section 26 TIN. , R1W. , S.L.B.&M.; Lot2, Block 104, Lots 5 and 6, Block 113, Plat C, Salt Lake City Survey. Lots 1 to 14 inclusive, Block 18, Oakley a subdivision of part of Section 26, 27, 34, and 35, T1N. , R1W. , S.L.B.&M. BOUNDARIES: North - north side of 900 North Street South - south side of 700 North Street East - east side of 800 West Street West - Oakley Street MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 22422.40 Total Estimated cost per front foot $3.00 Abutter's estimated cost per front foot $2.25 Estimated cost of abutter's portion $50,433.83 Estimated cost of City's portion $16,811.28 TOTAL ESTIMATED COST $67,245. 10 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension 10-32E STREETS: 1100 West Street - east side, north 515.97 feet from 500 North Street. 500 North Street - north side, Ideal Street to 1100 West Street. Ideal Street - west side, 500 North Street to Briarcliff Avenue. AREA: Lot 13, Block 8, Rose Park Plat "A", a subdivision of part of Plat "C", Salt Lake City Survey and part of Sections 26 and 35, T1N, R1W, S.L.B.& M. BOUNDRIES: North - Lafayette Drive South - Girard Avenue East - Rambler Drive (1000 West Street) West - Oakley Street MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 1050.05 Total Estimated cost per front foot $1.25 Abutter's estimated cost per front foot $0.94 Estimated cost of abutter's portion $986.72 Estimated cost of City's portion $328.91 TOTAL ESTIMATED COST $1,315 . 63 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension 10-36E STREETS: 400 West Street: west side - 600 to 700 South Streets 700 South Street: north side - west 165 feet from 400 West Street. AREAS: Lots 1 and 6 to 8 incl, Block 70; Lots 2 to 5 inclusive, Block 71 Lots 4 and 5, Block 27, Plat "A", Salt Lake City Survey. BOUNDARIES: North - 600 South Street South - 700 South Street East - 400 West Street West - 500 West Street MAINTENANCE AND OPERATION C Front Feet of abutting propt. ,y 750.00 Total Estimated cost per front foot $9.40 Abutter's estimated cost per front foot $7.05 Estimated cost of abutter's portion $5,286.91 Estimated cost of City's portion $1,762.30 TOTAL ESTIMATED COST $7,049 . 21 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-460 STREETS: State Street - South Temple to 400 South Street AREA: Lots 1 and 8, Block 52; Lots 2 to 5 inclusive, Block 53; Lots 4 and 5 Block 56; Lots 1 and 6 to 8 inclusive, Block 57; Lots 1 and 8, Block 70; Lots 2 to 5 inclusive, Block 71; Lots 4 and 5; Block 74 and Lots 1 and 6 to 8 inclusive, Block 75; all in Plat "A", Salt Lake City Survey. BOUNDARIES: North - South Temple Street South - 400 South Street East - 200 East Street West - Main Street MAINTENANCE AND OPERATION COSTS . Front Feet of abutting property 4828.46 Total Estimated cost per front foot $20.71 Abutter's estimated cost per front foot $15.53 Estimated cost of abutter's portion $74,998.29 Estimated cost of City's portion $24,999.43 TOTAL ESTIMATED COST $99,997 . 72 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-51C STREETS: Beacon Drive - both sides - from Wasatch Drive to Kensington Avenue. Kensington Avenue - both sides - from Wasatch Drive to Indian Hills Circle and Ute Drive. Indian Hills Circle - both sides - northerly from Kensington Avenue and Ute Drive. Indian Hills Drive - both sides - from Kensington Avenue to Ute Drive. Ute Drive - both sides - from Kensington Avenue to Eagle Way. Eagle Way - both sides - from Ute Drive to Comanche Drive. Skyline Drive - both sides - from Wasatch Drive to Eagle Way. Cherokee Circle - both sides - northerly from Skyline Drive. Hiawatha Circle - both sides - northerly from Skyline Drive. Apache Circle - both sides - northerly from Eagle Way. Comanche Drive - both sides - from Skyline Drive easterly to City limits. Comanche Circle - both sides - northerly from Comanche Drive. Mohawk Way - both sides - from Comanche Drive southerly to City Limits. AREA: Lot 29 of Beacon Heights and Lots 43,44,45,56,57, and 58 of Skyline Heights, Subdivision of Block 16, Five Acre Plat "C" and N.E. 1/4 of Section 15, T1S R1E S.L.B.& M. , together with all of Indian Hills Plat "A", Indian Hills Plat "B-1", and "B-2", and Indian Hills Plats "C" through "G" Amended Plat, and Indian Hills Plat "B", subdivisions of the N.W. 1/4 of Sections 14 and N.E 1/4 of Section 15, all in T1S.,R1E.,S.L.B.& M. BOUNDARIES: North - St. Mary's Hill 's Area South - City Limits(1700 South) East - City Limits(2800 East) West - Wasatch Drive MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 17818.74 Total Estimated cost per front foot $4.92 Abutter's estimated cost per front foot $3.69 Estimated cast of abutter's portion $65,705.27 Estimated cost of City's portion $21,901.76 TOTAL ESTIMATED COST $87,607 .03 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-53B STREETS: Princeton Avenue - both sides - 1800 to 1900 East Streets. AREA: All of lots 1 to 26 inclusive, Colonial Heights Subdivision, Block 28, 5 Acre Plat "C", Big Field Survey; all of lots 33 to 58 inclusive, Colonial Heights Subdivision, Block 28, 5 Acre Plat "C", Big Field Survey. BOUNDARIES North - Harvard Avenue South - Laird Avenue East - 1900 East Street West - 1800 East Street MAINTENANCE AND OPERATION r -S Front Feet of abutting proL :y 1461.80 Total Estimated cast per front foot $5.73 Abutter's estimated cost per front foot $4.30 Estimated cost of abutter's portion $6.282.60 Estimated cost of City's portion $2,094.20 TOTAL ESTIMATED COST $8.376 .80 SERVICE PERIOD Extension No. 10-55C STREETS: 1820 south Street west to west subdivision boundary. AREA: Lots 1 to 13 inclusive, Centennial Industrial Park Phase 1 subdivision; all in the S.E.1/4 and S.W.1/4 of Section 17, T1S, R1W, S.L.B.& M. BOUNDARIES: Centennial Industrial Park Phase 1 Supplemental Area. MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 17376.65 Total Estimated cost per front foot $5.43 Abutter's estimated cost per front foot $4.07 Estimated cost of abutter's portion $70,660.78 Estimated cost of City's portion $23,553.59 TOTAL ESTIMATED COST $94,214 . 38 SERVICE PERIOD November 30, 1987 to November 30, 1992 Extension No. 10-57 STREETS: 1400 West Street - both Sides - from 1100 North Street to Goodwin Avenue. 1300 West Street - both sides - from 1000 North Street to 1200 North Street. AREA: Lots 1 and 16 to 22 inclusive, Block 6; Lots 8 to 15 inclusive, Block 7 all in Amos Addition. Lots 1 to 9 inclusive, and Lots 2C to 27 inclusive Rose Park Plat A-1. Lcts 41, 42, 1, Block 5; Lots 2,3,4, Block 5; Lots 18 to 32 inclusive and vacated portion of lot 33, Block 4; and _ots 3 to 17 inclusive ana vacates portion of Lot 2, •Block 3 all in Jennings North Salt Lake .Addition. W 1/2, NW 1/4 Section 26 T1N, R1W S.L.3 & M. BOUNDARIES: North - 12th North Street South - 10th Nortn Street :est - Oakley Street West - Catherine Street. MAINTENANCE AND OPERATION COSTS Front Feet of abutting property 2672.06 Total Estimated cost per front foot $2.79 Abutter's estimated cost per front foot $2.10 Estimated cost of abutter's portion $5,599.65 Estimated cost of City's portion $1,866.55 TOTAL ESTIMATED COST $7,466 . 20 SERVICE PERIOD November 30, 1987 to November 30, 1992 It is proposed to levy assessments on property in the district to pay all or a portion of the cost of said services according to the benefits derived by such property by levying an assessment on all property in the district according to frontage. The total estimated cost of all services is $626,888.40 as aetermined by the City Transportation Engineer, of which the City's portion is estimated to be $156,722.10 and the remainder is to be paid as estimated by an assessment to be levied upon property fronting or abutting upon or adjacent to the system to be serviced, or which may be affected by or specifically benefited by any of such services. The estimated cost includes the anticipated retirement of the book value of the lignts in the aistrict If the actual cost of the improvements exceeds the estimated cost, the governing body shall nevertheless have the right to levy assessments in excess of the estimated cost. It is anticipated that an assessment will be made uoon execution of said maintenance contract and that supplemental assessments will be made from.time to time to defray the cost arising from power rate increases authorized by the Public Service Commission. Assessments shall be payable in full within 15 days after the Ordinance becomes effective or in five (5) eaual yearly installments, with interest, on any delinquent installments at 18% per annum until paid. The assessment may be prepaid in whole or part at any time. All protests or objections to such services or the creation of the district or to the carrying out of such intention MUST BE FILED IN THE OFFICE OF THE SALT LAKE CITY RECORDER, FIFTH FLOOR SALT LAKE CITY HALL 324 SOUTH STATE, ON OR BEFORE 5:00 P.M. ON THE DAY OF JUNE 1, 1987; thereafter at 6:30 P.M., on the 2nd day of June 1987; the City Council will meet at the City Council Chambers 3rd floor in the SALT LAKE CITY HALL 324 South State, to hear and consider any such protests and objections to the creation of the special improvement district or any other objections relating thereto. The method for determining the number of protests sufficient to defeat the renewal of the district shall be property representing one-half of the property to be assessed. By order of the City Council of Salt Lake City, Utah: /s/ Kathryn Marshall Salt Lake City Recorder NOTICE TO CONTRACTORS OFFICE OF THE CITY RECORDER Salt Lake City, 19 Sealed proposals will be received at the office of the City Recorder, Fifth Floor , 324 South State Street, Salt Lake City, Utah 84111 until 1: 50 p.m. local prevailing time June 9, 1987 for patrolling, operating, and maintaining the following street lights in Special Improvement District #2 for a period of five (5) years: NUMBER AND TYPE OF LIGHTS IN DISTRICT TWO EXT. UNITS LUMEN DESCRIPTION SCH OWNER 10-2D 102 50 , 000 Sodium Vapor All Night 12 City 16 27 , 500 Sodium Vapor All Night 12 City 14 16 ,000 Sodium Vapor Midnight 12 City 10-7I 28 10 , 000 Incandescent All Night 11 UP&L 55 10 , 000 Incandescent Midnight 11 10-3I 14 43 , 600 Fluorescent All Night 11 UP&L 28 21, 800 Fluorescent Midnight 11 10-31E 102 5 , 600 Sodium Vapor All Night 11 UP&L 10-32E 3 5 , 600 Sodium Vapor All Night 11 UP&L 10-36E 6 16, 000 Sodium Vapor All Night 11 UP&L 10-46D 55 43 , 600 Fluorescent All Night 12 City 110 21, 800 Fluorescent Midnight 12 City 10-51C 64 4,000 Mercury Vapor All Night 11 UP&L • 10-53B 6 4 , 000 Mercury Vapor All Night 11 UP&L 10-55C 51 50,000 Sodium Vapor All Night 11 UP&L 10-57 11 5 , 600 Sodium Vapor All Night 11 UP&L according to plans on file in the City Transportation Engineer ' s Office 333 South 200 East Salt Lake City, UT 84111 Bids will be opened on or about 6: 00 p .m. during the regular meeting of The City Council. Instructions to bidders, specifications and forms for contract and bond, together with plans and profiles , when prepared, may be obtained at the office of the City Transportation Engineer 333 South 200 East Salt Lake City, UT 84111 upon deposit of fifteen ($15 .00) dollars , which will be forfeited unless a bid is submitted to the City. The right is reserved to reject any or all bids . Bid Bonds will be accepted in lieu of certified check. /S/ Kathryn Marshall Salt Lake City Recorder SPECIFICATIONS FOR OPERATING, PATROLLING AND MAINTAINING STREET LIGHTS IN DISTRICT #2 NUMBER AND TYPE OF LIGHTS IN DISTRICT #2 EXT. UNITS LUMEN DESCRIPTION SCH OWNER 10-2D 102 50, 000 Sodium Vapor All Night 12 City 16 27,500 Sodium Vapor All Night 12 City 14 16 ,000 Sodium Vapor Midnight 12 City 10-7I 28 10 ,000 Incandescent All Night 11 UP&L 55 10 , 000 Incandescent Midnight 11 10-81 14 43 , 600 Fluorescent All Night 11 UP&L 28 21 , 800 Fluorescent Midnight 11 10-31E 102 5 , 600 Sodium Vapor All Night 11 UP&L 10-32E 3 5, 600 Sodium Vapor All Night 11 UP&L 10-36E 6 16, 000 Sodium Vapor All Night 11 UP&L 10-46D 55 43 , 600 Fluorescent All Night 12 City 110 21, 800 Fluorescent Midnight 12 City 10-51C 64 4, 000 Mercury Vapor All Night 11 UP&L 10-53B 6 4 ,000 Mercury Vapor All Night 11 UP&L 10-55C 51 50 , 000 Sodium Vapor All Night 11 UP&L 10-57 11 5 , 600 Sodium Vapor All Night 11 UP&L 1. The successful bidder shall be able to supply electrical power to all the lights in District #2. 2 . The successful bidder shall be able to document and demonstrate that they have the manpower and equipment needs to supply maintenance to all the street lights in District #2. Maintenance shall include lamp replacement, ballast and starter board replacement, refractor and reflector cleaning and replacement and adjustment, street light housing replacement and adjustment, replacement and/ or repair of power distribution lines. 3 . The successful bidder must supply with the bid written approval from Utah Power and Light to work on equipment and poles owned by Utah Power and Light. Bidder shall supply with the bid written description of how the street lighting system will be patrolled for outages and other problems. _-? i-,_, i fr, ,-,,- -- 7- l 7, ; 1 "L-1 : 1 ; >, \ i 1 5. •' 'iCJ ...„ , (f) 1 1 L-1 ii_rai),H:J ,____„__,, :-T„- ,..up fol " I f•--10[,.----/LT_ 911MET'''11-1k 1L_ILII—J /Ailiql, i ,.,,,,.s:iiii II, u [ --.i"-l' 1 If—, CU , _1 .--1%,-- ,_•=11_ - a i j I-1[: El- AIX 1 F 1[ ! ' ±'"' :IL)--HI L 7 -1 Illilerill J 11-L'.-J.' :i I ' I 7 i 1 = cilL... ---ii— NUMBER AND TYPE OF LIGHTS IN DISTRICT TWO CURRENT CURRENT EXT. STREET ANNUAL COST PROPOSED COST UNITS LUMEN DESCRIPTION SCH OWNER 10-2D Main Street-South Temple $5.23 $3.09 102 50,000 Sodium Vapor All Night 12 City to 500 South 16 27,500 Sodium Vapor All Night 12 City 14 16,000 Sodium Vapor Midnight 12 City 10-7I 300 South-West Temple to $5.47 $4.64 28 10,000 Incandescent All Night 11 UP&L !, Main St and State St to 55 10,000 Incandescent Midnight 11 200 East 10-81 400 South-Main St to State St $7.81 $5.69 14 43,600 Flourescent All Night 11 UP&L 28 21,800 Flourescent Midnight 11 10-31E East Centeral Rose Park $0.86 $0.45 102 5,600 Sodium Vapor All Night 11 UP&L 10-32E Blair street-Rose Park $0.93 $0.19 3 5,600 Sodium Vapor All Night 11 UP&L 10-36D 500 West-600 to 700 South $1.88 $1.41 6 16,000 Sodium Vapor All Night 11 UP&L 10-46C State St-South Temple 55 43,600 Flourescent All Night 12 City to 400 South $2.75 $3.11 110 21,800 Flourescent Midnight 12 City 10-51C Indian Hills Area $51.19 $0.74 64 4,000 Mercury Vapor All Night 11 UP&L 10-53B Princeton Ave- 1800 to $0.83 $0.86 6 4,000 Mercury Vapor All Night 11 UP&L 1900 East 10-55C Centenial Industrial Park $0.34 $0.81 51 50,000 Sodium Vapor All Night 11 UP&L 10-57 1300 West 1000 to 1200 North $0.57 $0.42 i 11 5,600 Sodium Vapor All Night 11 UP&L & 1400 W. 1100 N. to Goodwin Ave. STAFF RECOMMENDATION Rick Warner Ford UDAG Grant STAFF RECOMMENDATION BY: Linda Hamilton ACTION REQUESTED OF COUNCIL: The administration is requesting you to adopt a resolution authorizing the Mayor to execute a grant agreement and related documents for the Warner Enterprises Urban Development Action Grant. BACKGROUND INFORMATION: The proposed grant is an Urban Development Action Grant for roughly $1,100,000. The grant will be used for an automobile sales plaza at 600 — 800 South and Main and 200 West . The grant makes the development of an automobile plaza in the downtown area financially attractive. The grant has been awarded by HUD. STAFF ANALYSIS AND RECOMMENDATION: The grant proposal is consistent with the CBD Master plan. An automobile plaza is would be economically advantageous to the City because of sales tax revenue generated. Ultimately the UDAG grant would be paid back to the City providing $1,100,000 additional revenue. We have not received the final grant agreement signed by HUD as yet . In order to expedite the process, I am recommending that you adopt the resolution contingent upon review of the final agreement by the City Attorney. I recommend that you adopt the resolution authorizing the Mayor to execute the grant agreement. RECOMMENDED MOTION: I move that we adopt a resolution authorizing the Mayor to execute a grant agreement and related document for the Warner Enterprises UDAG, contingent upon review of the final agreement by the City Attorney. STAFF RECOMMENDATION Rick Warner Ford UDAG Grant STAFF RECOMMENDATION BY: Linda Hamilton ACTION REQUESTED OF COUNCIL: The administration is requesting you to adopt a resolution authorizing the Mayor to execute a grant agreement and related documents for the Warner Enterprises Urban Development Action Grant . BACKGROUND INFORMATION: The proposed grant is an Urban Development Action Grant for roughly $1,100,000. The grant will be used for an automobile sales plaza at 600 — 800 South and Main and 200 West. The grant makes the development of an automobile plaza in the downtown area financially attractive. The grant has been awarded by HUD. STAFF ANALYSIS AND RECOMMENDATION: The grant proposal is consistent with the CBD Master plan. An automobile plaza is would be economically advantageous to the City because of sales tax revenue generated . Ultimately the UDAG grant would be paid back to the City providing $1,100,000 additional revenue. We have not received the final grant agreement signed by HUD as yet . In order to expedite the process, I am recommending that you adopt the resolution contingent upon review of the final agreement by the City Attorney. I recommend that you adopt the resolution authorizing the Mayor to execute the grant agreement . RECOMMENDED MOTION: I move that we adopt a resolution authorizing the Mayor to execute a grant agreement and related document for the Warner Enterprises UDAG, contingent upon review of the final agreement by the City Attorney. DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning and Programming DIRECTOR 324 SOUTH STATE STREET, ROOM 240 SALT LAKE CITY, UTAH 84111 535-7902 April 15 , 1987 To: Palmer DePaulis Mayor RE: EXECUTION OF GRANT AGREEMENT AND RELATED DOCUMENTS BETWEEN SALT LAKE CITY CORPORATION, THE U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND RICK WARNER ENTERPRISES FOR THE ACCEPTANCE OF A $1 . 1 MILLION URBAN DEVELOPMENT ACTION GRANT Recommendation: That the Mayor execute a grant agreement between Salt Lake City Corporation and the U. S. . Department of Housing and Urban Development and related documents with Rick Warner Enterprises for a $1 . 1 million Urban Development Action Grant. Availability of Funds: Not Applicable. Discussion; The U. S. Department of Housing and Urban Development has awarded the City a $1 . 1 million UDAG to assist Warner Enterprises with the construction and development of a Auto Sales Plaza on block 15. Execution of the grant agreement and related documents will allow for the dispursement of $1 . 1 million in UDAG funds . The City Attorney ' s Office will verify the final grant agreement and related documents prior to execution by the Mayor . Sincerely, Rosemary DaVis Manager ..._ i) 41 EA L;JIER D EPA U LIS WT. \Q�Wit V/ Df"dIWNf MAYOR OFFICE OF THE MAYOR 324 SOUTH STATE STREET FIFTH FLOOR, SUITE 500 SALT LAKE CITY, UTAH 84111 535-7704 April 15, 1987 TO: Roselyn Kirk, Chairperson, City Council RE: Authorizing the execution of a grant agreement and related documents between Salt Lake City Corporation, the U. S. Department of Housing and Urban Development and Rick Warner Enterprises for the acceptance of a $1 . 1 million Urban Development Action Grant Recommendation: That the City Council approve a resolution authorizing the Mayor to execute a grant agreement and related documents for the Warner Enterprises Urban Development Action Grant. Availability of Funds : Not applicable. Discussion: The U.S. Department of Housing and Urban Development has awarded the City a $1. 1 million Urban Development Action Grant to assist Warner Enterprises with the construction and development of a Auto Sales Plaza. Council action is required to authorize the Mayor to execute a grant agreement and related documents. Sincerely, Rosemary Davis Manager RD/GSL/jf I. RESOLUI' ION NO. OF 1987 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, Title 11, Chapter 13, U. C.A. , 1953 , as amended , allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes ; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah : 1. It does hereby approve an agreement to be in substantially the same form as the draft agreement attached hereto , to be verified by the Salt Lake City Attorney' s Office prior to execution , generally described as follows : An Urban Development Action Grant between the United States Department of Housing and Urban Development and Salt Lake City Corporation, providing for a UDAG Grant to the City in the sum of $1, 100,000 to be loaned to Banj Investment Company for the construction of 26, 400 square feet of new auto dealership facilities and renovation of an existing 29, 700 square foot building on the project site located on Block 15 in Salt Lake City , Utah. 2 . Palmer A. DePaulis, Mayor of Salt Lake City , Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City , Utah, this day of , 1987. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: APROW TO PUN CITY RECORDER sal! t ++om y' LVS :rc46 -2- C.7 � Cti , 98(0r 047 _ �` LITE: E STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT ) Office of Urban Development Action Grants U D A G GRANT AGREEMENT • Urban Development Action Grant Under Section 119 of the Housing and Community Development Act of 1974 (Public Lay 93-383, as Amended) C2 lame of Recipient: DDAC Grant lumber: 9,LT L& - - Qt't U-rPN - - AA-4 -oO,2S , Address of Recipient: lkiL Preliminary Approval Date: ' 3 a 4 -,i-o-k-k*k� ago ,,S&L- Jo-h ea,,A „O-a- ,841 i I i L176/C182 ' `pjaount of Grant: /' '$,. I tOO%OO 0 • r\t'),y \IDAG OFFICE USE ONLY ti C183 Reviewer: tikTr AJT,t C510 Draft Attorney: s ` C520 Draft Typist: ' C202 First LBC Due Date: C180 Obligation Date: C203 LBC Code: S (Single) X H (Multiple) C17 HUD Sign Date: DATA SISTERS USE ONLY C181 Number of Transactions: r C198 Construction Jobs: 02 6 C196 Retained Jobs:C190 New Permanent Jobs: c2 8 C191 Lo/Mod New Permanent Jobs:*', nn tI JTPA '` C192 6EPd Qualified New Permanent Jobs: 3 C193 Minority New Perm Jobs: C174 Private Investment: $ 3, 7 7 4 50 C172 Other Public Investment: $ 0 Commencement Date Completion Date Land Acquisition C452 ' I' 87 C458 Co I' 87 Construction C462 (o 'I'8 1 C468 a ' I' E 8 Capital Equipment C472 - C478 Other Activity C482 C488 ',AEU OF CON'iSe1S [( LAC C F. A W 1' A L k I: L h L la 1 1C1PrLUC'IC1L1 I-aye I-reaoble 1 locitels 1 i,F1ICLI. I - Gfl 1 I P•.L Itt VIt iOIaS Page Section 1.01 Contents cf lu,recmcnt 2 Section 1.02 Fxhibits Incorporated 2 Section 1.03 (cneral refinitions 2 i,l',1C1 1 I1 - Pf Lt,1.T AIH. AtriLCFIZI E USLS CF CliN T FUldrs Paoe Sccticn 2.01 (rant Assistance Provided 3 Sccticn 2.02 Authorized Uses of Ca-ant Fonds 4 Uection 2.03 ldjustrnnts to Grant rends 4 Section 2.04 Recipient's Use of Froyran Inca„e 4 A1.'.1011 III - OF CP.Ahl ELIAIS Page Lectia, 3.01 Letter of Credit Procedures 4 Section 3.02 lncurrin(i Costs for Project Activities 5 Section 3.03 Authorization by the Secretary for the Pecipient to 6 Lean trant Funds il3iILLI IV - Cli1-LI//CL (Ill FLLLIAL PLLLS Il L UL)C FFLUTAIICIJS Page Sccticn 4.01 Lclegation and Acceptance of Responsibilities 7 fader Federal Pules Section 4.02 Conpliance with ULAC I:egulations 7 AI.'ICLL t - AYFPFSLL.SA'11ObS, le/IJU fAiIFS ANS SPECIFIC OLLIC-ATIOINS Rage Section 5.01 recipient's representations and larranties 7 Section 5.02 Obligation to Ca piete Recipient Activities 8 As Scheduled Section 5.03 Obligation to Achieve Projected Jobs 8 Section 5.04 Obligation to Cure 'title Lefects 9 Section 5.05 [otification and Action Upon Default 9 IJti ICLL VI= li t!FOIIC1, Alf 1'f tILL. Page Section 6.01 luty to I,airntain, and l:.iahts to Inspect and Copy, 9 Pocks, Tecords and Iccur,ents Section 6.02 Site Visits 9 Section C.03 Iuration of Inspection Rights 9 Section 6.04 ICports A,LSILLL VII= lifotLiS All F.LI-,LLItS lage Suction 7.01 Lefaults 10 Section 7.02 Ronedies Upon lefault 10 A13.ICLL VIII - LLRiIFIGI11Ot.S FY IlUCIPIFI!1 Fage Section 8.01 Certifications Upon Craw of Funds 10 Suction 8.02 Certification After Completion of All 11 Recipient Activities Section 8.03 Certification After Completion of All 11 ?on-recipient Activities luvised (./L1 /' • 7AEIL OF CciiiLIrIS - Continued 1l ,1i!1C11. IX - :LIRE iisi1Y COltaPAC'i FL(.UILLUIF.tJ1S rage Section 9.01 Escrow of Program Income 11 Section 9.02 PrcxJLam Income Applied to Costs 11 Section 9.03 Frociram Income for rifle I Activities 11 Section 9.04 Assurance of Governmental Approvals 12 Section 9.05 Completion of Iroject 12 Section 9.06 Assurances of Projected Jobs 12 Section 9.07 Faintaininy records and Right to Inspect 12 Scotian 9.08 Access to Froject 12 :section 9.09 Ire 1,ssicriment or Succession 12 Section S.10 Secretary A1,Lroval of Amendments 13 section 9.11 tisclabor of Felationships 13 Section 9.12 Limitation of Fecipient Liability for Project 13 Activities ::action C.13 Conflict of Interest 13 ilectioi 9.14 Project Signs 13 /,191CLL S LVIPIPIIAh,Y h7!TEf3ALS Section 10.01 Conmitrnents of Participating Parties - Ceneral 13 Section 10.02 Form of Cocruaentary Evidence - General 14 Section 10.03 Opinions of recipient's Counsel 14 Section 10.04 Lvidence of Contracts - Form 14 Section 10.05 Evidence of Loan CoumiLnents - term 14 Section 10.06 Lvidence of Loans - Form 15 Section 10.07 Lvidence of Licuid Assets - Form 15 Section 10.68 Lvidence of Finances Satisfactory to 16 Counsel - Form Section 10.09 Anti-Speculation Provisions - Sale of 16 Peal Property Section 10.10 Lvidence of Title to Foal Property - Form 16 A1.'GICLL ?.I - IISCLLI11.IOLS • Section 11.U1 totices 17 Section 11.02 Assignment 17 Section 11.03 Successors Found 17 Section 11.04 Remedies Not Impaired 17 Section 11.05 Cumulative Lemedies 17 Section 11.06 Severability 17 Section 11.07 Entire Agreement 18 Section 11.05 Execution in Counterparts 18 Section 11.09 Table of Contents; i'itles and Leadings 18 Section 11.10 Amendment of this Crant Agreement 18 Section 11.11 Lisclaimer of Relationships 18 Section 11.12 CovernirO Law 18 Section 11.13 Sarver by Secretary 18 Section 11.14 Effective Cate 18 Section 11.15 'termination of Crant Agreement 19 SCLLEILF OF E,I.ILIiS LX11L1T A SUFPLLEtIdtA10 IISIVISIOIJS I;1.IE.I1 L IESCPIE'5ION OF FLCIPILNT ACTIVIIILS 6}:I IEI7 C LLSCRIPI1o1. OF' IGIE-I.LCIFIto's i;C.IVITILS LSIrIElT L 11OJLC'r DloGET - SUIVARY OF PIUF SLE LXP IrrlaIIFS LXI:ILI7 L II91111U IviunTIARY PTr2LIQALS I;131IT F I101LC'l FL.RFCRAALCE SCLLLULL cviscd L/81 ii • • PPLAISLLE 11,IS (RN•.1 ACP.JESU4T is made and entered into by and between TEL St CFf 1API Cl' II:USIGC ANL UFEAC: [P.VELOPh:ENT, acting by ard through the Assistant Secretary for Cermunity Planning and Development, as representative of the United States of Ar.ierica, and the fdCIPILUT. RLCI T A L S 'if S D1CIFIkt.tt has applied to the Secretary for grant assistance under the LLtt• Program to undertake activities which are consistent with the provisions of Section 119 of the Act and the LILAC Regulations; and 1ht SLCPL'leJI, in reliance upon the representations set forth in the i,plllication, has approved the award of grant funds to the Recipient, to be expended by the Recipient in conformity with the requirements and provisions of this (rant Agreement; II! Ctit SILEP11IICh of the mutual promises and covenants contained in this Crant Agreement, the Secretary and the Recipient agree as follows: Revised 6/81 1 /rl:'i1CLE I CLIJLIAL P1CVIS1ONS Section 1.01 Contents of Agreement This agreement shall consist of this Grant Agreement aim the Application, as may, from tine to tine, Le amended. Section 1.02 Lrliibits Incorporated All exhiLits which are referred to in this Crant Agreement and are ,ttachcrr hereto are incorporated herein and made a part hereof. Section 1.03 General Cefinitions Lnlcss erecifically provided otherwise or the context otherwise requires, v.heh used in this Grant Agreei.rent: (1) "Act" means the housing and Community Cevelopnent Act of 1974, fut. L. It,. 93-363, as .mended. (2) "Application" means the Application For Federal Assistance, and such other subfittals, as are specified in Exhibit A of this Grant Agreement. (3) "Lefault" means any default set forth in subsection (a) of Section 7.11. of this Cont. Agreement. (4) "Eligible Costs" means costs for the activities specified in Ixhibits 1 and C of this Crant Agreer_.ent for which grant funds are budgeted as specified in Exhibit L of this Grant Agreement, provided that such costs (i) are not incurred in connection with any activity which, under 24 C.F.R. hart 57C, es may be from tine to time amended, are ineligible under the ([A(. hrrram, and (ii) conform to the requirements of Attachment E to Federal Lrnagei,ent Circular 74-4 (Cost Principles Applicable to Grants and Contracts with State are Local Covernment), as may be from time to time amended. Sur Eurloscs of determining the conformity of costs to said Attachment E, all costs set forth in Section C thereof except for "prearrangement costs" and "proposal nests" (r.t.ich are eligible only to the extent authorized in Section 576.454 of 24. C.f.i. Part 570) may be considered eligible without prior approval of the Secretary. (5) "fnvircrvontal Conditions" deans the conditions irniosed by law, particularly 24 C.F.L. lout 58, and the provisions of this Crant Agreement which prohibit Cr limit the cclrritrent and use of grant funds until certain procedural requironents have been ecaopleted. (6) "Usvirorucentxl Requirements" weans the rctruirenents oescribed in 24 C.l.l:. Fart IL. (7) "Lnvironmental Studies" means all eligible activities necessary to produce an "environmental document", as that term is defined at Section 1508.1C of 40 C.F.F. Fart 1508, or to comply with the requirements of 24 C.F.P. Part 58. (6) "Grant Fords" means those funds to be provided by hUE to (recipient pursuant to Ore terms of this Crane Agreement, as specified in Exhibit A of this Grant Agreement. (9) "ICU" means the United States Lepertnent of Dousing and Urban revelq-rent. (10) "letter of Crer:it" means the letter of credit to be issued or ,umendce; Ly the f el artment of tie treasury E ursuant to Section 3.01 of this (rant IC.rccn�-nt. Bruised 6/81 2 (11) "hen-Recipient Activities" means those activities of the Project Lo Le carried out by Participating Parties, other than the Recipient or an agent or agency of the Recipient, which activities are described in Exhibit C of this Grant Agreement. (12) "IarticiLating Party" means any person, Lim, corporation or entity identified as such in Exhibit A of this Grant Agreement. Identification as a "tar_ticil:ating Party" signifies that the Secretary, in selecting the Recipient for the award of this grant, relied in material part upon a representation that the party so identified will complete a specified portion of the Project or a specific activity necessary for the ccmp•letion of tie Project. (13) "Iroyian Income" scans the [LAG percentage of: (i) any income earned LT lecipient, or an agent or agency of Recipient, from the disposition ut real or let-tonal propc-rty acquired in whole or in part with grant funds; (ii) tie repayment proceeds (including principal and interest) of any loan made in whole or in part v.dth Grant funds; (iii) any other revenues defined as program income in 24 C.I.Y. Fart 57e, Subpart 3, and (iv) any income from an activity where it is specifically declared in Exhibit A of this Crant Agreement that the income from such activity shall be deemed to Le Program Incae. The "ULAG percentage" means an amount computed by applying the percentage of participation of grant funds in the total cost of acquisition of property, in the total amount of a loan, or in the total cost of an activity, to the income from the disposition of such property, the total repayment proceeds of such loan, or time income from such activity. (14) "I lets of Iceerty Project" deans a Project approved based on an application submitted and approved pursuant to Section 119(b)(2) of the Act. (15) "Project" scans the activities described in the Application and in Lxhiiits I, C aid E of this Crant Agreement which are to be carried out to meet the objectives of the LL/'•C Irogram. (16) "Iecipient" means the local governmental entity receiving grant tunes pursuant to this (rant Agreement, as more particularly identified cis tic cc.ver page of this Grant Agreement. (17) "lecipient Activities" means those activities of the Project to be carried out by the Recipient, or an agent or agency of the Fecipient, which activities are described in Lxhir,it F of this Grant Agreement. (18) "Secretary" means the Secretary cf Lousing and Urban Levelolarent cr any other official of i.LL to whom the Secretary has delegated authority to act with respect to matters coveted by this Grant Agreement. (19) "LLAC Program" means the Urban Ir velopoent Action Grant Program established by ILL pursuant to Section 119 of time Act. (20) "LIAC Regulations" means the regulations set forth in 24 C.F.R. lit 57C, Subpart C, as tie same ray, from time to titre, be amended. AI lICLE II AlCPA fiat At/liblIZLL USE'S OF' CR/,in• FUND Section 2.01 (.rant Assistance Provided In consideration cf the various obligations undertalen by the Fecipient lursuaut to this Crant Agreement, and in consideration of the obligations to be underta}en by Isrticipatirx, Parties, as represented by the Recipient in the Application, the Secretary agrees, subject to tiro terms aid conditions set forth herein, to provide the Fecipient with grant funds in the amount specified in ixhibit A of this (.rant /.greccent. Revised 6/81 3 . Section 2.02 Authorized Uses of Grant Funds The grant funds provided to the recipient pursuant to this Brant Agreement all he used only for the specific purposes described in Lxhibits E and C of this Crant Agreement and in the amounts budgeted in Exhibit G of this Crant Agreement, subject to the project anenennents provisions ot the Ut)sl Regulations. Section 2.03 Adjustments to Grant Funds The amount of grant funds which Lhe Secretary has agreed to provide to the Recipient under this Grant Agreement has been determined by the Secretary in reliance upon the cost estimates of the recipient with respect to the activities set forth in the l,lglication and the investment commitments of Participating Parties. The Secretary reserves the right to reduce the grant amount (i) to conform to any revision to c:hich the Recipient and the Secretary may agree with respect to Lxhitits L, C or L of this Crant Agreement, (ii) if the actual costs for activities are lower than those set forth in Exhibits E, C or G of this Grant Agicen:ent, or (iii) if the investment by Participatiny Parties is less than the amounts specified in Exhibits E, C, C or P of this Grant Agreement. Section 2.04 Recipient's Use of Program Intone (a) In order to provide funds to assure completion of the recipient /ctivities, the Secretary shall have the right to require all Program Incrxne received by (lie recipient, or by any Participating Party, prior to the completion of all recipient Activities, to be deposited in escrow under arrangements approved by the Secretary. The Secretary may exercise said right either by specifying such reciuire:ent in Exhibit A of this Grant Agreement or by separate written instructions to the recipient delivered at any tine prior to the completion of all Recipient Activities and the draw of grant funds to pay costs incurred for such activities. (b) Lnless otherwise specifically stated in Exhibit A of this Crant reement, all Program Income which is received by the Recipient or any participating Party, prior to completion of all recipient Activities shall to used prior tc, and in place of, any draw under the Letter of Credit to the extent adctivate to jay costs so incurred. (c) Lnless otherwise specifically stated in Exhibit A of this Grant A,,teu cnt or in the close-out agreement between the Recipient and hUt, all Program Income received by the Recipient, or any Participating Party, after the completion of all recipient Activities shall be used by the Recipient, or the Iarticipating [arty subject to the approval of the recipient, for community or economic development activities eligible for assistance under 'Title I of the Act. (d) For Fechets of Poverty Projects, all Program Income received Ly the recipient, or any Participating Party, after the completion of all recipient Activities shall be used only for activities which directly benefit low- and mxoderate-incae residents of the pocket. PF1'ICLL III CISEUPSLI F1a`OF (FART Fbh Section 3.01 Letter of Credit Procedures (a) lrcr ptly after the Secretary has received from the Iecipient not less than three (3) fully executed copies of this Grant Agreement arm has approved evidentiary Ia terials rcx uired by Exhibit t ot this (rant Agreement that would allow a drawEec.n of ;:rant funds pursuant to the ten..s of Exhibit F' of this Grant Agreement, Un becretary shall cause a Letter of Credit to be issued to the Recipient by the lepartromIt of the Treasury, or shall cause the Letter of Credit previously issued to tire recipient by the Lepartnent of the Treasury with respect to the Cassunity Revised 6/81 4 . Development Clock Grant Program under Title I of the Act to be increased, in accordance with procedures established by the Department of the Treasury, in an amount not to exceed the amount of grant funds referenced in Section 2.01 and specified in Exhibit A of this Grant Agreement. (b) The authorization to use the Letter of Credit and to pay costs out of grant funds shall be governed by the provisions of this Grant Agreement and shall be subject to all conditions precedent to the Recipient's draw of grant funds which are specified in this Grant Agreement. The Recipient shall not draw upon the Letter of Credit until the Secretary has authorized the Recipient to draw pursuant to Section 3.03 of this Grant Agreement. (c) The Recipient is authorized to draw grant funds against the Letter of Credit only in accordance with the provisions of this Grant Agreement and the procedures established by the Secretary and the Department of the Treasury. No payment by the Department of the Treasury of an improper or unauthorized draw to the Recipient shall constitute a waiver of the right of the Secretary to challenge the validity of such draw, to enforce all rights and remedies set forth in this Grant Agreement, or take corrective or remedial administrative action pursuant to the UDAG Regulations, which action may include, without limitation, suspension or termination of the Recipient's funding under this Grant Agreement. (d) The disposition of any grant funds that remain available under the Letter of Credit following completion of the Project, or the termination of this Grant Agreement by the Secretary, or its termination for any cause, shall be in accordance with close-out procedures then in effect or established by the Secretary, and the Recipient shall not have any rights to such grant funds. Section -.02 Incurring Costs for Project Activities (a) The use of grant funds is conditioned upon the Recipient incurring costs to be paid in accordance with this Grant Agreement or as otherwise approved by the Secretary in writing. The incurring of costs to be paid out of grant funds shall be governed by the following: (1) Except for the cost of application preparation for small cities as specified in the UDAG regulations, no costs incurred prior to the preliminary approval date may be paid out of grant funds. (2) After the preliminary approval date, eligible administrative costs, including out not limited to costs of Environmental Studies, and costs incurred by Participating Parties, other than the Recipient, its agent or agency, for any activity not to be paid for in whole or in part with grant binds, way be incurred before or after the effective date of this Grant .Agreement, as defined in Section 11.14 below, and the satisfaction of environmental conditions. (3) Except as permitted by 24 C.F.R. part 58, no other costs to be paid out of grant funds may be incurred by the Recipient or any Partici- pating Party until all Environmental Conditions of 24 C.F.R. Part 58 have been fully satisfied and the Secretary has issued the environmental releases required by 24 C.F.R. Part 58. (4) After the Recipient has satisfied all of the Environmental Conditions and the Secretary has issued the required environmental releases, then at any time after the Preliminary Approval Date for this Project, the Recipient and the Participating Party may incur eligible costs to be paid out of grant funds. 5 devised t/81 (b) The authorization to incur costs in subsection (a) above is not an authorization to reimburse those costs and does not mean or imply that such costs will be reimbursed out of grant funds. The Recipient and Participating Parties may voluntarily, at their own risk, and upon their awn credit and expense, incur costs as authorized in subsection (a) above, but their authority to reimburse or to be reimbursed out of grant funds shall be governed by the provisions of this Grant Agreement applicable to the payment of costs and the release of funds by the Secretary. (c) Neither the Recipient nor any Participating Party shall incur any costs in connection with any activity to be paid for, in whole or in part, with grant funds, even though such costs will not be reimbursed out of grant funds, unless such costs could be incurred pursuant to subsection (a) of this Section 3.02 if such costs were to be paid out of grant funds. (P) Prior to the issuance by the Secretary of the environmental releases rechired by 24 C.F.R. Part 58, the Recipient may not use any funds, including local funds, to take any action with respect to the Project where such action might have an adverse environmental effect, would limit choices among competing alternatives, or might alter the environmental premises on which the pending clearance is based in such a fashion that the validity of the conclusions to be reached would be affected. Section 3.03 Authorization by the Secretary for the Recipient to Draw Grant Funds (a) No costs may be paid out of grant funds prior to the issuance by the Secretary of the environmental releases required by 24 C.F.R. Part 58, a written approval by the Secretary of required evidentiary raterials as specified in Exhibits E and F of this Grant Agreement, and written authorization from the Secretary to draw grant funds under the Letter of Credit. (b) All certifications and other materials required by this Grant Agreement to be submitted to the Secretary as conditions precedent to the Recipient's authority to pay costs out of grant funds shall be submitted by the Recipient prior to any draw of grant funds under the Letter of Credit. (c) Unless Exhibit E or F of this Grant Agreement authorizes the phasing or staging of the Recipient's draw of grant funds, then upon a finding by the Secretary that the Recipient has submitted, in a timely manner and in acceptable form and content, all of the evidentiary materials specified in Exhibit E of this Grant Agreement and upon approval by the Secretary of said evidentiary materials; and if no default has occurred, as defined in subsection (a) of Section 7.01 of this Grant Agreement, the Secretary shall promptly issue to the Recipient a written authorization to draw grant funds under the Letter of Credit for the purposes authorized by this Grant Agreement. (d) If Exhibit E or F of this Grant Agreement authorizes the phasing or staging of the Recipient's draw of grant funds, then upon a finding by the Secretary that the Recipient has submitted, in a timely manner and in acceptable form and content, all of the evidentiary materials specified in Exhibit E of this Grant Agreement to be submitted to and accepted by the Secretary for any particular phase or stage of the draw of grant funds; and upon approval by the Secretary of said evidentiary materials; and if no default has occurred, as defined in subsection (a) of Section 7.01 of this Grant Agreement, the Secretary shall promptly issue to the Recipient a written authorization to draw grant funds under the Letter of Credit in accordance with any requirements or authorizations described in Exhibit E or F respecting the particular phase or stage of the draw of grant funds. (e) Prior to the Recipient's payment of any costs with grant funds, and prior to the Recipient's drawing of any grant funds under the Letter of Credit, the Recipient shall not have been served by the Secretary with any notice suspending the Recipient's authority to draw grant funds under the Letter of Credit, nor be in breach of the Recipient's obligation to report a default, pursuant to subsection (a) of Section 5.05 of this Grant Agreement. Revised 6/81 6 ARTICLE IV COIS'LIIiNCE WITH FEDERAL RULES AND UDAG REGULATIONS Section 4.01 Delegation and Acceptance of Responsibilities Under Federal Rules By its execution of this Grant Agreement, the Recipient represents and warrants that it has the legal capacity to assure the responsibilities for wepliance with all applicable Federal rules and agrees and undertakes to assume and carry out all such responsibilities in accordance with all the requirements which are or may be established pursuant thereto. Section 4.02 Compliance with UDAG Regulations The Recipient shall comply with the UDAG regulations, including the certifications specified therein. ARTICLE V REPRESENTATIONS, WARRANTIES, AND SPECIFIC OBLIGATIONS Section 5.01 Recipient's Representations and Warranties The Recipient has, by and through consultations among all appropriate sorbers of the Recipient's governing body and its officers, examined into each of the following and by its execution of this Grant Agreement the Recipient does, upon information and belief, represent and warrant to the Secretary that: (1) The Recipient is duly organized and validly existing under the laws of the jurisdiction of which the Recipient is a part, and has all requisite power and authority to enter into this Grant Agreement. (2) A resolution, notion, order or ordinance has been duly adopted, passed or enacted as an official act of the Recipient's governing body, authorizing the execution and delivery of this Grant Agreement by the Recipient and authorizing and directing the person executing this Grant Agreement to do so for and on behalf of the Recipient. (3) This Grant Agreement has been executed and delivered by the Recipient, in such manner and form as to comply with all applicable laws to make this Grant Agreement the valid and legally binding act and agreement of the Recipient. (4) Except as set forth in Exhibit A of this Grant Agreement, there is no action, proceeding, or investigation now pending, nor any basis therefor, known or believed to exist by the Recipient, which (i) questions the validity of this Grant Agroement, or any action taken or to be taken under it, or (ii) is likely to result in any material adverse change in the authorities, properties, assets, liabilities, or conditions (financial or otherwise) of the Recipient which would materially and substantially impair the Recipient's ability to perform any of the obligations imposed upon the Recipient by this Grant Agreement. (5) The representations, statements, and other matters contained in the Application were true and complete in all material respects as of the date of filing. Except as set forth in Exhibit A of this Grant Agreement, the Recipient is aware of no event which would require any amendment to the Application (other than an anrsr_3rnent which has been filed with and approved by the Secretary) in order to make such representations, statements, and other matters true and complete in all material respects and not misleading in any material respect. The Recipient is aware of no event or other fact which should have been, and has not been, reported in the Application as material information. (6) The Recipient has obtained, or has reasonable assurances that it will obtain, all Federal, State and local government approvals and reviews required by law to be obtained by the Recipient for the Project; and all Participating Parties have obtained, or the Recipient has reasonable assurances that such Participating Parties will obtain, all such approvals and reviews required by law to be obtained by the Participating Parties for the Project. Revised 6/81 7 (7) Ins as the capacity of the Reci t to carry out any obligation under this Grant Agreement is concerned, (i) t. Recipient is not in Material violation of its Charter, or any mortgage, indenture, agreement, instrument, judgment, decree, order, statute, rule or regulation and (ii) the execution and performance of this Grant Agreement will not result in any such violation. (8) Except for approved eligible administrative and personnel costs, no member, officer, or employee'of the Recipient, or its designees, or agents, no consultant, no member of the governing body of the Recipient or the locality in which the program is situated, and no other public official of the Recipient or such locality or localities, who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decisiorunaking process or gain insider information with regard to the project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit therefrom, which is part of this Project at any time during or after such person's tenure. This provision shall be in addition to the require- ments in Attachments 0 of CXv3 Circular A-102 and A-110. (However, upon written request of the Recipient, the Secretary may agree in writing to waive a conflict otherwise prohibited by this provision whenever there has been full public disclosure of the conflict of interest, and the Secretary determines that undue hardship will result either to the Recipient or the person affected by applying the prohibition and that the granting of a waiver is in the public interest. Ito such request for a waiver shall be made by Recipient which would, in any way, permit a violation of State or local law or any charter provision of the Recipient.) Section 5.02 Obligation to Complete Recipient Activities as Scheduled (a) The Recipient shall use its best efforts to assure the completion of the Recipient Activities described in Exhibit B of this Grant Agreement within the time periods specified in Exhibit F of this Grant Agreement. (b) The Recipient agrees that the foregoing undertaking and assurance means that Recipient shall, to the maximum extent permitted by law, use and apply all of its governmental and proprietary powers for such completion, including out not limited to those powers governing taxes, other revenues, credit, eminent domain and appropriations, if necessary, for the purpose of providing any shortfall between funds available under this grant and funds necessary to complete all of the Recipient Activities described in Exhibit B of this Grant A.jreenent. Section 5.03 Obligation to Achieve Projected Jobs (a) In selecting the Recipient for this grant, the Secretary considered certain representations by the Recipient to the Secretary that this grant is expected to create a specific number of permanent new job opportunities, including a specific number of new permanent job opportunities for minorities, CETA-eligible persons, and persons who, at the time of their employment, will he persons of low- or moderate-income within the meaning of Section 570.3 of 24 C.F.R. Part 570, as may be from time to time amended. (b) The Recipient acknowledges its representations in the Application pertaining to the creation of jobs and obligates itself to use its best efforts to create, or cause to be created, the numbers and kinds of jobs within a specified time period as specified in Exhibit A of this Grant Agreement as being expected to be created through this grant. (c) For Pockets of Poverty Projects, Recipient shall ensure that at least 75 percent of all permanent jobs initially resulting from the Project are provided to low- and moderate-incase persons and that at least 51 percent of all permanent jobs initially resulting from the Project are provided to low- and moderate-income residents from the pocket. Recipient shall continuously use [Jest efforts to ensure that at least 75 percent of all permanent jobs resulting from the Project are provided to low- and moderate-income persons and that at least 51 percent of all permanent jobs resulting from the Project are provided to-low- - and lsomlerate--income residents from the Pocket. (d) 'lne Recipient obligates itself to use all powers available to a Revised 6/81 . r . Recipient to enforce the undertakings or assurances of Participating Parties respecting the creation of jobs which are specified in Exhibit A of this Grant Agreement. Section 5.04 Obligation to Cure Title Defects (a) The Recipient shall use its best efforts to promptly cure, or cause to be cured, any defect in the title to any real property necessary to the completion of Recipient Activities, where such defect will or may have a material adverse effect on the use of such real property for the Project. (b) The Recipient agrees that the foregoing obligation means that the Recipient shall, to the maximum extent permitted by law, use and apply all of its governmental and proprietary powers, including but not limited to those Ewers governing taxes, other revenues, credit, eminent domain and appropria- tions, if necessary, for the purpose of assuring the availability of all real property, free and clear of adverse and inhibiting title defects, which is necessary to caaplete Recipient Activities. Section 5.05 Notification and Action Upon Default (a) The Recipient shall promptly give written notice to the Secretary upon the discovery by the Recipient of any default involving any Participating Party, as defined in Section 7.01 of this Grant Agreement. (b) Promptly upon the discovery of any default involving any Participating - Party, the Recipient shall vigorously pursue, to the fullest extent possible, all remedies available to Recipient to remove or cure such default, or to seek redress or relief from its effects, including reimbursement for any grant funds expended on the Project, and to prevent or mitigate any adverse effects on the Project. Recipient shall keep the Secretary fully informed as to the status of such actions. ARTICLE VI INSPECTION AND REVIEW Section 6.01 Duty to Maintain, and Rights to Inspect and Copy, Rooks, Records and Documents (a) The Recipient shall keep and maintain such books, records and other documents as shall be required under rules and regulations now or hereafter applicable to grants made under the MDAU Program, and as may be reasonably necessary to reflect and disclose fully the amount and disposition of the grant funds, the total cost of the activities paid for, in whole or in part, with grant funds, and the amount and nature of all investments related to such activities which are supplied or to be supplied by other sources. (b) All such books, records and other documents shall be available at the offices of the Recipient (except that books, records and other documents of a Participating Party which are subject to this Section 6.01 may be maintained at the offices of such Participating Party) for inspection, copying, audit and examination at all reasonable times by any duly authorized representative of the Secretary or the Comptroller General of the United States. Section 6.02 Site Visits Any duly authorized representative of the Secretary shall, at all reasonable times, have access to all portions of the Project. Section 6.03 Duration of Inspection Rights The rights of access and inspection provided in this Article VI shall continue until the uanpletion of all close-out procedures respecting this grant, and until the final settlement and conclusion of all issues arising out of this grant. Section 6.04 Reports The Recipient shall promptly furnish to the Secretary all reports required to be filed in accordance with any directives of the Secretary or any statute, rule or regulation of RIM. Recipient shall provide to the MID Area and Central Offices an annual report on the use of Program Income as long as such funds are generated by the Project. 9 -vise l 6/Ill ARTICLE VII DEFAULTS AdD REMEDIES Section 7.01 Defaults A default shall consist of any use of grant funds for any purpose other than as authorized in Exhibits L3, C and D of this Grant Agreement; or any breach of any covenant, agreement, provision, or warranty of (i) the Recipient made in this Grant Agreement; (ii) the Recipient made in any agreement entered into between the Recipient and any Participating Party relating to the Project; (iii) any Participating Party made in any agreement specified in Exhibit E of this Grant Agreement, or; (iv) the performance schedule specified in Exhibit F of this Grant Agreement. Section 7.02 Remedies ,ipon Default (a) Upon occurrence of any default as described in Section 7.01, the Secretary may suspend the Recipient's authority to draw any Grant Funds enter the Letter of Credit at any time by notice to the Recipient. If a default is not cured within thirty (30) consecutive days from notice of such default by the Secretary to the Recipient, the Secretary may continue such suspension or by delivery of notice terminate this Grant Agreement. In the event of a termination, the Recipient's authority to draw grant funds under the Letter of Credit shall have terminated at the date of the notice of termination and the Recipient shall have no right, title or interest in or to any grant funds remaining under the Letter of Credit. (b) In addition to any other rights or remedies, if a default consists of the Recipient's failure to submit the evidentiary materials described in Exhibit E of this Grant Agreement by the date specified in Exhibit F of this Grant Agreement, the Secretary shall have the right to terminate this Grant Agreement and the award of grant funds to which this Grant Agreement relates by delivery of written notice to the Recipient. Upon such termination, all obliga- tions of the Secretary pursuant to this Grant Agreement and such award shall cease and the Recipient shall neither have nor retain any rights whatsoever with respect to the grant funds provided under this Grant Agreement. (c) If a default occurs, the Secretary may at any time or from time to time proceed to protect and enforce all rights available to the Secretary under this Grant Agreement by suit in equity, action at law, or by any other appropriate proceedings, whether for specific performance of any covenant or agreement contained in this Grant Agreement, or damages, or other relief, or proceed to take any action authorized or permitted under applicable law or regulations, including the recapture cf any expended grant funds from any payments received by Recipient as a result of the default of any Participating Party. (d) The rights and remedies available to the Secretary in the event of a suspension or termination of this Grant Agreement shall survive such suspension or termination. ARTICLE VIII CERTIFICATIONS BY RECIPIENT Section 8.01 Certifications Upon Draw of Funds Execution by the Recipient of each request for a draw of grant funds under the Letter of Credit shall constitute a certification that: (1) All of the representations and warranties of the Recipient as set forth in Section 5.01 of this Grant Agreement continue to be valid, true, and in full force and effect. . (2) The Recipient is in compliance with all of the Recipient's obligations specified in this Grant Agreement which, by their terms or intent, are applicable at the time of the draw of grant funds. 10 Revised 6/81 Recipient: _ Grant Number EXHIBIT C DESCRIPTION OF NON-RECIPIENT ACTIVITIES Rider to Section 1.03(11). The "Non-Recipient Activities" shall consist of the following: I Developer shall: (a-) acquire the Project Site and complete the Project Elements on the Project Site at a total cost of not less than $51 (,7 'MD in accordance with Exhibit D to this Grant Agreement using not less than $ -L OO,O 0 O of private loan funds, not less than $ (01lg9,0 of Developer's cash equity funds, and not more than $ l 4 I00,oco of Grant Funds; 4) borrow from Lender not less than $q,2,0 0,000 for financing the Project; C : (t-) invest not less than $ (,7,'1 80 of cash equity funds in the Project; (t) borrow from Recipient not more than $ I, I00,000 of Grant Funds for financing the Project; (0) unconditionally and irrevocably guarantee the repayment of the UDAG Loan and the completion of the Project in accordance with the schedule set forth in Exhibit F to this Grant Agreement. II Lender shall lend to Developer not less than $ 4,a 00,00 0 for financing the Project. i tho ty 11 sue a d se / dlit117.104hajto n• s than o Ind at la Rev_nue nde,A he • oc o •- i s b se for _ nen_ ng a roj • I •a• -r Ila un;,diti••a j' a. .' PI i I I) 1, i ) ?4 a �j fr 1� � tI• v r Arl . , . 0 ••' 8 ,wie. „if-.__• „eflIA . i 4 • .id EXHIBIT C Page 1 of 1 Revised 8/6/86 (- (3) All conditions precedent to the Recipient's authority to draw the yrant funds shall have been satisfied, in accordance with Section 3.03 of this Crant Ayreenont. (4) 1he grant funds to Le drawn will be used for Lligible Costs actually incurred in accordance with the provisions of Exhibits b, C and L' to this (rant Agreement. (5) All Irograa Income which has been received by the Recipient or by a Participating Party has been deposited or used in accordance with the provisions of Section 2.04 of this Grant Agreement. Section 8.02 Certification After Completion of all Recipient Activities L,itlin thirty (30) days atter the completion of all Recipient Activities, the Recipient shall submit to the Secretary a written certification, executed by the chief executive officer of the Recipient, stating that all Recipient Activities, have been completed consistent with the terms of this Crant Agreement, and specifying the date of completion and the cost for each Eecipient Activity. Section 8.03 Certification After Completion of All Non-Recipient Activities hithin thirty (30) days after the completion of all Pbn-Recipient Activities, the Recipient shall submit to the Secretary a written certification, executed by the chief executive officer of the Recipient, stating that all Non- recipient Activities, have been completed consistent with the terms of this Crant ixgrcerrent, and specifying the date of completion and the cost for each Ion-Recipient Activity. The certification shall have attached to it a statement from each Participating Party that the information in the certification with respect to the Ron-lecipient Activities carried out by that Participating Party is complete ant correct. AF:'.ICLI IX SPIRE Pl>Il1 COM:RAC' RI Cb11(11,1-N:S Section 9.01 Escrow of Program Income ihe lecipient shall include in all contracts with Participating Parties involving activities to be paid for with grant funds, a provision that, upon instruction by the Secretary, all Program income received by the Participating Iarty, prior to the completion of all Recipient Activities, shall be deposited in escrow unuer arrangements approved by the Secretary, in order to provide funds to assure the completion of the Recipient Activities. .Ir Section 9.02 Program income Applied to Costs A. Unless Exhibit A of this Crant Agreement authorizes or requires otherwise, the Recipient shall include in all contracts with Participating Parties involving activities to be paid for with grant funds, a provision that all Program Income received by the Participating Party, prior to the completion of all Recipient Activities, shall be transmitted to the Recipient for payment of costs incurred for Recipient Activities. Section 9.03 Program Intone for title I Activities Unless Exhibit A to this Grant Agreement authorizes or requires otherwise, the becipient shall include in all contracts with Participating lurties involving activities to be paid for with grant funds, a provision that all lros;ram income received by the Participating laity after the completion of all Incipient Activities shall, at tl.e option of the lecipient, either be transc.ittcd to the Recipient, or used by the Participating Party with Recipient al .royal, for cowunity anu economic dcvelolnt activities which would be elic,ibic for assistance under title I of the Act, unless otherwise provided in U e close-cut Letwcen Recipient and h01.. 11 Revised 6/e1 Section 9.04 Assurance of Covernnental Approvals 'ire Recipient shall include in all contracts with Participating larties a warranty that the recipient and each Participating Party has obtained, or has reasonable assurance that it will obtain, all Federal, State and local eovcrru:,ental approvals and reviews required by law to be obtained by the recipient or Participating Party for the Project. Any such approvals or reviews which have not been obtained shall Le specified in the contract. Section 9.05 Completion of Project tecipient shall cause to be included in all contracts with Icrticilt_tiie larties a representation on the part of each Lartici1atircj laity that the Participating Marty actnowledges that the Secretary, in selecting the Iecipient for the award of this grant, relied in material part upon the assured ern{letic-n of tic 1-reject and that the Participating Party assures the Iecipient that such activities will Le completed by the larticipatirxj Party. Section 5.06 Assurances of I rejected dots (a) The l.ecil,ient shall either include in all appropriate contracts with Participating larties, or shall secure in the most legally binding and enforceable form for such assurance available under the laws of recipient's State, written assurances from each Participating tarty that such Participating tarty will use its Lest efforts to create or cause to be created, within a tine specified in I,>.hiLit P. of this (rant Agreement, a specified nuttier of new len.ancnt job opportunities, including a specified number of new permanent job opportunities to minorities, CISIi-eligible persons, and persons who, at the tine of their cmployment, will be persons of low-and moderate-income. (b) Lou lockets of Poverty Irejects, Iecipient shall also incluci assurances necessary to ca.rply with Section 5.03(c) of this (rant Agreerient. All assurances shall (i) state that in order to assist and enable the Pecipient to report to the Secretary, as the Secretary may require, the assuring Partici- pating Party agrees to report to the recipient, as the Recipient may from tine to tine require, on the nutters and kinds of such jobs created or caused to be creates; and tilled, and (ii) contain such other provisions as nay be required by the Iecipient to enable the recipient to ca.rply with any-reporting require- rents of the Secretary and to cause the assurances to he legally binding and cnforccaLlc to the maximum extent permitted by the applicable law. Section 9.07 haintaininq records and Fight to Inspect She feci.prent shall include in all contracts with Iarticipating larties receiving grant funds provisions rcdluirirsj that (i) each such Partici- patin„; laity f.cc:p and r;eintein Lours, records and other documents relating directly to the receipt and disbursement of such grant tunas; and (ii) any cull aufheliree representative of the Secretary or Comptroller (eneral of the Irited Stites shall, at all reasonable tines, have access tc and the right to inspect, coy, audit, and examine all such lode, records and other documents of such Iarticipatine testy until the col letion of all close-out procedures respecting this grant end lire rival settlement and conclusion of all issues arming cot of this grant. Section 9.CL Access to Project the recipient shall include in all contracts with Participating larties a provision that each Participating Party agrees that any duly authorized representative cf the Secretary :hall, at all reasonable tines, have access to arty portion of the Project in which such Participating Party is involved until the completion of all close-out procedures respecting this grant. Section 9.09 f:o tvssicnnent or Succession he Iecipient shall include in all contracts with Participating Parties receiving grant funds an acl:rowledgerent and agreement by the Parti- cipaling tarty that no transfer of grant funds by tie recipient to the Patti-- cipatirx, ratty shall fe or be decree an assignment of grant funds, and that such Revised 6/81 12 Participating Party shall neither succeed to any rights, wnefits or advantages of the Recipient under this Grant Agreement, nor attain any rights, privileges, authorities or interests in or under this Grant Agreement. Section 9.10 Secretary Approval of Amendments The Recipient shall include, or cause to be included, in all contracts which are rcoluired to be submitted to and approved by the Secretary in accordance with Exhibit E of this Grant Agreement a provision that during the term of this Grant Agreement such contract shall not be amended in any material respect, after such approval and acceptance, without the prior written approval of the Secretary. "Material" shall be defined as anything which cancels or reduces any developmental, construction, job creating, or financial obligation of any Participating Party by more than ten (10%) percent, changes the sites or character of any development activity, or increases any time for performance by a party by more than thirty (30) days. Section 9.11 Disclaimer of Relationships The Recipient shall include in all contracts with Participating Parties, and in all contracts with any party involving the use of grant funds, an acknowledgement that nothing contained in this Grant Agreement, or in the contract totmren the parties, nor any act of the Secretary, the Recipient, or any of the parties, shall be deemed or construed by any of-the parties, or by the third persons, to create any relationship of third-party beneficiary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the Secretary. Section 9.12 Limitation of Recipient Liability for Project Activities Unless otherwise specified in Exhibit A of this Grant Agreement, the Recipient shall include in all contracts with Participating Parties, and in all contracts with any party involving the use of grant funds, an acknowledgement that the Recipient shall not be liable to any Participating Party, or to any party except RED, for completion of, or the failure to complete, any activities which are a part of the Project, except those specified in Exhibit o of this Grant, Agreement. Section 9.13 Conflict of Interest The Recipient shall include in all contracts with Participating Parties, and in all contracts with any party involving the use of grant funds, a conflict of interest provision consistent with Section 5.01(8) of this Grant P.greement. Section 9.14 Project Signs The Recipient shall include in all contracts with Participating Parties, and in all contracts with any party involving the use of grant funds, a project sign provision consistent with any criteria which may he established he the Secretary. ARTICLE X EVIDSM IARY MATERIALS Section 10.01 Comnnitments of Participating Parties - General (a) In selecting the Recipient for the award of this grant, the Secretary has relied, in material part, upon the representations of the Recipient and Participating Parties that the Recipient and the Participating Parties (i) will carry out certain activities connected with the Project; (ii) will ccnplete those activities; (iii) have, or will have, the financial capability to assure the carrying out of the activities to their completion; and (iv) will invest, or cause to be invested, a specific value amount in the Project. The Secretary has also relied upon the Recipient and Participating Parties' representations that such Participating Parties will, prior to any use of grant funds for the Project, enter into legally binding agreements evidencing the coanitments which were so relied upon by the Secretary. 13 Revised 6/81 (b) Evidentiary materials to be submitted to an. approved by the Secretary as sixcified in Exhibit E of this Grant Agreement shall include: (i) a complete index describing the material sutnnitted; (ii) the legally binding and enforceable commitment of the Participating Party, in unequivocal terms, to undertake and complete specified activities connected with the Project, and to expend on the Project a specified minimum amount of funds or other form of investment; and (iii) clear and convincing proof that the Participating Party has on hand, or will have available to it, any finances or other things of value necessary to carry out the promises of completing the activities and making the specified investment. (c) Evidentiary materials which have been submitted to and approved by the Secretary shall not be amended in any material respect without prior • s.•ritten approval of the Secretary. Section 10.02 form of Documentary Evidence - General All documentary evidence of coiuniteents submitted to the Secretary for approval shall be in the form of either (i) a duplicate original, or (ii) a photographic copy of the fully executed original, of the documents. Section 10.03 Opinions of Recipient's Counsel (a) Whenever, in Exhibit E to this Grant Agreement or otherwise, the opinion of an attorney is required as part of any evidentiary material to be submitted to the Secretary, the opinion shall be in writing and shall be that of counsel for the Recipient, unless otherwise specified. (h) In the formulation or rendering of an opinion, Recipient's counsel may rely upon the certification of other persons, or the written statements or opinions of other counsel; provided, a copy of each such certi- fication, statement, or opinion is attached to the opinion of Recipient's counsel. (c) If, in the formulation and rendering of an opinion, the Recipient's counsel predicates the opinion upon "information and belief," then in all such cases the opinion of Recipient's counsel shall contain, - or have attached thereto, a statement or description of all of the informa- tion upon which the belief of counsel is predicated. Section 10.04 Evidence of Contracts - Form (a) Evidence of contractual commitments submitted to the Secretary shall be in the form specified in Section 10.02 above; shall include all of the docuoents evidencing the contractual commitment; and shall have attached the opinion of Recipient's counsel made in accordance with Section 10.03 ahxuve. (b) The opinion of Recipient's counsel shall certify that the documents comply with Section 10.02 above, that Recipient's counsel has examined , into the authority of all parties to the documents, and of all persons executing the documents on behalf of the parties, and that said parties and persons were authorized to enter into and execute the documents. (c) The opinion of Recipient's counsel shall state that the documents constitute a valid and legally enforceable contract under the laws of the Recipient's State and that the documents conform to the provisions of this Grant Agreement, except as to any particulars specified in the opinion. Section 10.05 Evidence of Loan Commitments - Form (a) Evidence of loan cmnitments from private lending institutions shall be in the form specified at Section 10.02 above; shall include all of the documents evidencing the loan commitment, an acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan; and shall have attached the opinion of Recipient's counsel, made in accordance with _.. Section 10.03. 14 Revised 6/81 (b) A loan c'n'orittent coy specify contingencies or conditions which oust Le satisfied before the closing of the loan, or the disbursement of loan tunas, but tie ceiuiitment shall Le an irrevocable commitment, enforceable by the borrower upon satisfaction of all contingencies or conditions. (c) The opinion of Lecipient's counsel shall certify that the documents comply with Section 10.02; that Recipient's counsel has examined into the authority of all parties to the loan cono.1itrcnt and the acceftance, and of all persens executiny the loan conilitront and acceptance on behalf of Ure p<rrtics; <aici that said parties and persons were authorized to rake the loan crn,riitment anu acceptance. (d) The opinion of Recipient's counsel shall state that, subject citly to such cor,tin,encies and conditions as are expresses in the docwrn_nts, the lending institution is irrevocably committed to loan, and the borrower to accept upon the UITds and conditions specified, the principal amount specified in U,e loan coninitr,ont; and that the loan cenritrent, and the acceptance, and all of the tui1 and conditions of the loan commitment, and the loan, are lawful and enforceable under the laws of the Recipient's State; and that the documents conform to tie provisions of this Crant Agreement, except in any particulars specified in the opinion. (e) If, under the terms of the loan commitment, the caking of the loan is centinc,cnt upon the happening of any condition precedent, then the approval of the cornitr:ont by the Secretary as the evidence required under this (rant T.yrcerent ray be conditioned by the Secretary upon the submittal and acceptance of further evidence that such contingencies have Leen satisfied, or that the contingencies have Leen otherwise removed, or that the loan has closed. IL) there evidence of a loan co nitient is required to Le sutrnitted to the Secretary under this Grant Agreement, evidence of the actual closing of the loan shall Le acceptable, in lieu of the foregoing, provided such evidence complies with Section 1C.06. Section 10.C6 Lvidence of Loans - Form (a) lvidence of a loan having Leen made or closed shall be in the term specified at tection 10.62; shall be on the letterhead of the lending institution; shall state the principal acount of the loan, its purposes (interim on pennarient), and the authorized uses et loan funds; shall describe or identify the security for the loan; shall state the term of the loan; shall identify all parties to the loan; shall be executed by an authorized officer of the lending institution; and shall have attached an opinion of recipient's counsel made in accordance with Section 1C.03, certifying that the documents coruply with Section 10.02, anu that the officer of the lending institution was authorized to execute the riocunents. (b) I.viuence of a loan having leen made or closed may also be submitted in the fora of copies of recorded notes, deeds, Ixmds, indentures and other documents which o n my with Section 1C.02 and which contain sufficient evidence, including evidence of recordation, to enable the Secretary to determine the nutters specified above at subsection (a) of this Section 10.06 and that the loan has Ib en roue or closets. Section 16.07 Lvidence of Liquid TL sets - Form lhenever a larticipatiny Party is required to provide evidence of liquid assets for an activity in an mount arks manner satisfactory anu acceptable to a lending institution, such evidence shall Le in Ure form specified at Section 1C.02; shall be on the letterhead of Lite lending institution; shall identify the lanticipatirr3 Party; anu shall state that the Participating tarty has on hand or iir.acdiately available to the lanticipating tarty, liquid assets of a value and in an anoint satisfactory anu acceptable to the lending institution, and that the availability and use of the liquid assets for the activity to to carried out by the lorticip.atirg Party in connection with the Project is assured to the satisfaction of the lending institution. the docalent shall Lc executor by an authorizeu officer of the lending institution; and shall have attached an opinion of Recipient's counsel, rade in accordance with Revised 6/81 15 • Section 10.03, that the docinents comply with Section 10.02 end that the officer el the lcncring institution was authorized to execute tie sane. Section 10.C8 Lvidence of Finances Satisfactory to Counsel - form (a) t.henevcc evidence is required in the form of a statement and opinion of Icciptent's counsel that a Participating Party will provide a sp.-oific anent of finances for purposes of carrying out the conanitment of that Participating Party in connection with the Project, such evidence shall Le in tie torn of an opinion of iecipient's counsel made in accordance with Lest ion 11'.03. (L) 5he cl_inion of I.ecipient's counsel shall certify that counsel into the availability to the Participating Party of liquid assets antler it ,,,.l.t financing; shall estate the arnunt and the source of liquid assets eh L,uc. ear pitolateily availaaile to the I'articipatirxj Party for use in the Iroject; ,._,. ihoi 1 state the arnunt and tic source of eelt financing which is available, he irrcencal..ly coi,c.ittcu, to the Participating Party for use in the Iroject. cvioence el U,cse funds shall to consistent with the previsions of Sections It.C5, 1(..Ca and 10.c.7 ale,ve to tine extent possible. (c) the (pinion of l.ecipient's counsel shall be that the farti- cipetiici party has on hand, or ireediately available, or irrevocably corriitted to the I articipating forty, for use in carrying out the ccerumitnents of the Icrticilatinc laity to the Iroject, liquid assets and/cr debt financing in a cur ecluel to the c_pccifice arnunt of finances required in this Grant hgrcement. (a) Suu,issions pursuant to this Section shall he subject to hWU nip revel as Co toim ord content. Section 1u.(.S inrti-Speculation Irovisions - Sale of Peal Property (a) Lhenever, in lxiaibit $ of this Crant Agreement, a document is occulted to contain a provision for the prevention or discouragement of speculation in the purchase and sale of property by a beneficiary of grant funds, then, unless otherwise specified, such provision shall comply with this Section. (L) the document shall prohibit the beneficiary of grant funds from sellinc or otherwise disposing of the property within a period specified in Ichibit I cf this (rant hirccment atter the date of the purchase, for an amount in excess of the purchase price laid, plus the actual costs of any improvements to the, property- I,y the beneficiary. the prohibition against sale shall have the uric force and effect as a lis tendons, end shall specify that in the event of ,ii, attempted sale, in violation of the provision, the I:ecipient shall tr entitled to the ex brute issuance of an injunction restraining such sale. hu doeuu.ent shall Le executed and ,mitc-nticated in such manner and fora as roy Le ree uirec under etate law to authorize its recordation at the place of recordation of deeds, as if a Ids pendens; and tine dccirriont shall be so recorded. (c) the cceui.aent may, in conjunction with the foregoing, or in lieu thereof, describe a procedure whereunuer, in the event of any sale of the property within the period specified in LxhiLit L. of this Grant Agreement, the argent of grant funds which benefited the beneficiary shall be repaid by the beneficiary to the Iccipient. Such procedure r.ray include a pro-rata_reduction of tie a's'u,t to Le repaid, Lased upon the tine elapsing between the Gate of the initial ter-chase of the p-ro(orty and its disposition by the beneficiary. 'she oseer.',,t Lust either specify the arnunt of grant funds which benefited the Ieneficiary, or set forth a formula or agreed method for determining such arnunt. The document shall be executed and authenticated in such manner and for, as ray be required to authorize its recordaticn, as if a pis p:endens; aid U.e oucurcnt shall to so recorded. Faction 10.10 Iviuence of tittle to Peal Property - Form [.hcrnr_ver, in I si ll,it E of this Grant i,greacent, a Participating Party or the Recip;i,nt is required to acquire fee staple or leasenold title to real prepxriy, nerd proof of such acquisition is required, evidence snall oe in the form of an opinion of Recipient's counsel, made in accordance witn Section 10.03. The opinion shall certify that on a specified date, either an original AU1?, policy of land or nortgage title insurance, or other records identified in 16 Fir (a/fit the opinion, were exarined by Recipient's counsel; and that said policy or other records identified the Participating Party, or a wholly-owned subsidiary of the Participating Party, or the Recipient or its agent or agency, as required, as the owner or lessee of record, in fee simple or leasehold,of caid property. The opinion shall further state that on the date specified by Recipient's counsel, the record fee simple or leasehold title to said real property was vested, in the Participating Party, or such subsidiary thereof, or in the Recipient or its agent or acency as required. In lieu thereof, evidence may be in the form of docunents which comply with Section 10.02 and which contain sufficient evidence, including evidence of recordation, to enable the Secretary to determine, to the satisfaction of the Secretary, that the Participating Party or the Recipient did acquire the title, as required. At-SICLE XI t-ISCLLLh1dEOUS Section 11.01 Notices (a) All anendtents, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures and consents of any kind fade pursuant to this Crant Agreement shall to in writing. (b) Any such communication shall be deefed effective for all pur- poses as of the date such communication is mailed, postage prepaid, by registered or certified mail, return receipt requested, to be delivered only to the office of the addressee, addressed as follows: (I) Communications to the Secretary shall be mailed simultaneously to: (A) The Director, Office of Urban Development Action Grants, U.S. Department of lousing and Urban Levelopnent, 451 7th'Street, S.h'., Poom 7258, Washington, D.C. 20410, and (I..) Me Area Office tanager of the DUG Area Office authorized to receive the Application of the Recipient for the grant hereunder; and (C) such other persons or at such other addresses as nay be furnished by the Secretary to the Recipient. (2) Corrunicatiens to the Recipient shall be addressed to the Recipient, at the address set forth in Ixhibit A of this Crant Agreement, or such other aedrass as may Le furnished by the Recipient to the Secretary. Section 11.U2 Assiyu.ent Do ric.t,t, benefit, or advantage inuring to the Recipient under this Leant Ayrcetent and no burden imposed on the Recipient hereunder nay be assigned without the prior written approval of tie Secretary. An authorization by the Secretary for tie transfer of grant funds by lecipiont to a Participatirxj Party stall rot be deeceu an authorization for an assigrient, and such Participating Dart} shall not succeed to any rights, benefits or advantages of the Recipient hereunder. - Section 11.03 Successors bound :his Crant Ajrcerrent shall bind, and the rights, benefits and advan- tages shall inure to, U,e Decibient's successors. Suction 11.04 Fenedies trot Impaired to delay or mission of the Secretary in exercising any right or remedy available under this Crant Agreement shall impair any such right or remedy or constitute a waiver of any Lefaelt, or an acquiescence, therein. Section 11.05 Cumulative Remedies A�1 lit/his and remedies of tie Secretary under this Grant Agreement shall tc cir:ulative. Section 11.U6 SeveraLility 'lhe invalidity of any article, section, subcection, clause or pro- vision of this (.rant Agreement shall not affect the validity of the remaining Revised 6/81 17 articles, <vctions, sup_: Lions, clauses or provisions -eof. Section 11.07 entire Acnreenent 5his Grant Agreement constitutes the entire agreement between the Secretary and the Recipient and supersedes all prior oral and written agreements between lire parties hereto with respect to the subject grant. Notwithstanding the provisions of Section 1.01 of this Grant Ayreenx_nt, in the event of any inconsistency Lr_-twcen the provisions of this (rant Agreement and anything rentaincd in the t.p+,->licaticn, then the provisions of this Grant Agreement shall prevail. Section 11.68 Lxecution in Counterparts 'this Grant Ayreenu.nt may be executed in any number of counterparts. Jill such counterparts shall Le deemed to be originals and together shall con- stitute but one and the sar.e instrument. Section 11.09 Table of Contents; Titles and Headings Any table of contents, the title of the Articles, and the headings of the sections and subsections set forth herein are not a part of this Crant Agreement and shall not be deemed to affect the meaning or construction of any of its provisions. Section 11.10 Anendnent of this Grant Agreement this Grant Agreement, or any part hereof, ray be at ended from time to time hereafter only in writing executed by the Secretary and the Recipient. Section 11.11 Lisclainer of Relationships She Recipient acknowledges that the obligation of the Secretary is limited to providing grant tunds in the manner and on the terms set forth in this Grant Agreement. Nothing in this Grant Agreement, nor any act of either the Secretary or of the Recipient, shall be deemed or construed by either of them, or by third tersons, to create any relationship of third-party beneficiary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship whatsoever involving the Secretary. Section 11.12 Crvernino Law This (,rant A.greer.ent as it nay affect the rights, remedies, duties, and obligations of the Secretary shall be governed by and construed in accordance with Federal law. Insofar as Federal law does not apply, the provisions of this Grant Agreement shall he governed by and construed in accordance with the laws of the recipient's State. Section 11.13 4aiver by Secretary She Secretary reserves and shall have the exclusive right to waive,,at the `ole discretion of the Secretary, and to the extent permitted by law, any requirement or provision under this Grant Agreement. No act by or on behalf of the Secretary shall Le, or is deemed or construed to be, any waiver of any such ceouirenent or provision, unless the sane be in writing, signed by the Secretary, and expressly stated to constitute such waiver. Section 11.14 Effective Late (a) 'iiis Crant Agreement shall, when executed and dated by the Secretary, constitute an otter by (Jro Secretary to the recipient to make the ci.thin grant and to enter into this Grant Agreement. Linen delivered to the tecip,ient so executed and dated, the same shall constitute a tender of said of1.e1r, %laich shall Le promptly accepted, if at all, by the Recipient and which shall not Lie altered without the Secretary's approval. She Secretary may revo}:e the tender and reecind the offer at any tine prior to its acceptance by the he,cipicot, L} written notice of the Secretary to the Recipient, given as specified at Section 11.01 of this Grant Agreement. heviscd 6/81 18 • (b) This Grant Agreement shall be deemed to have been accepted, and shall became effective, as of the date this Grant Agreement is executed and dated by the Recipient. Section 11.15 Termination of Grant Agreement Unless otherwise terminated by the Secretary pursuant to Article VII of this Grant Agreement, or by the mutual consent of Recipient and the Secretary, this Grant Agreement shall terminate upon the completion of all close-out procedures respecting this grant and the final settlement and conclusion between Recipient and the Secretary of all issues arising out of this grant, unless otherwise provided in the close-out agreement between Recipient and the Secretary. ;:wised 6/81 19 SIGNATURE PAGE THIS GRANT AGREEMENT, numbered B- -AA-9q-oqu s hereby executed and delivered by the Parties hereto on the dates set forth below their respective signatures, as follows: THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date: By: DuBois L. Gilliam Deputy Assistant Secretary for Program Policy Development and Evaluation Office of Community Planning and Development THE CITY OF. S,Qi 1(.47_R_.Q) U Date: By: Puy A , ,De:PA0c.1� Title: Mayor IMPORTANT One (1) fully executed copy of this Grant Agreement must be nailed to the Office of Urban Development Action Grants, and two (2) fully executed copies of this Grant Agreement must be mailed to the HUD Field Office Manager, in accordance with Section 11.01, on the same date executed by Recipient. t -20- Recipient: Grant Number EXHIBIT A SUPPLEMENTARY PROVISIONS Rider to Section 1.03(2). In addition to Recipient's Application for Federal Assistance (SF 424), the 'Application" shall include any additional submittals since the date the Application vas filed upon which the Secretary relied in making this award. Rider to Section 1.03(12). The term "Participating Party" consists of ' each of the following persons, firms, corporationsll and entities: L p "Devaloper" means //n- 0 a.'"A a- �c vim° Cie .+.D4.,mow tJ-a.S i oft o� wf a k, wAw� O C1 ��'o 14 W 0, k3 A-�' .2()) -�a.Q-\J ) aQA- 4I 10. "Lender" means Fu,a e 8 .de �{a2v 4o s do.t �llr�w a-tuzi �L}n $4 f I O Rider to Section 1.03(13). The phrase "the UDAG percentage of contained on the first line of paragraph (13) and the last sentence of paragraph (13) are deleted in their entirety. Rider to Section 1.03(21). 'Project Elements" means a6,400 6.6 d22r-L-°-°‘‘- Rider to Section 1.03(22).] "Project Site' means - 70e„v- k7l.P' C.42. 1, iM 4a.G �o.Gy.� /d 3 c9 Bv. .a t ee-tk 6 o d r"`ex t2 c w�d{ Di t� c Ro-e.* Colid r ef. Rider to Section 2.01. The amount of this UDAG grant is &0- ^^"ACC L L fe,u--A esE �Cfn -v'w cQ S-cC --co-a-d (4 13%oo%cot), EXHIBIT A Page 1 of 3 Revised 8/6/86 Recipient: Grant Humber Sider to Sections 2.04, 9.01, 9.02 and 9.03. Any repayment or other payner.te received pursuant to Paragraph III of Exhibit E of this Grant Agreement and received prior to completion of the UDAG funded Recipient Activities shall be held in escrow pursuant to Section 2.04(a) of this Grant Agreement until completion of the UDAG funded Recipient Activities. All escrowed funds shall bear interest with the accounts insured by an agency of the U.S. Government. Upon completion of the UDAG funded Recipient Activities, any funds held in said escrow shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall be spent in accordance with Part 570 of Title 24 Code of Federal Regulations. Any repayments received after completion of the UDAG funded Recipient Activities shall be deemed miscellaneous revenues and shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall not be governed by Part 570. Rider to Section 4.01. The applicable Federal rules include, without limitation, Section'104(3) of the Act which requires grantees to "provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of assistance received under this title (which includes Section 119, Urban Development Action Grants] to acquire or substantially rehabilitate property." Rider to Section 5.01(8). Paragraph (8) shall be deleted in its entirety and the following shall be inserted in place thereof: "(8) Recipient shall comply with the conflict of interest provision set forth in 24 CFR Section 570.611 (48 Federal Register 186, pp. 43571-72, 9/23/83)." EXHIBIT A Page 2 of 3 Revised 8/6/86 Recipient: Grant Number Rider to Sections 5.03 and 9.06. The jobs referenced at Section 5.03 and the assurances required at Section 9.06 shall aggregate: Total New Permanent Jobs: oZ 8 Total New Permanent Jobs for Low- and Moderate-Income Persons: a I JT PA 3 Total New Permanent Jobs for E'R A-Eligible Persons: Total New Permanent Jobs for Minorities: LI Job Requirements shall be completed within a months from the Date of Preliminary Approval. Rider to Section 9.13 Conflict of Interest. Section 9.13 shall be deleted in its entirety and the following shall be inserted in place thereof: "The Recipient shall include in all contracts with Participating Parties and in all contracts with any party involving the use of Grant Funds, a conflict of interest provision consistent with 24 CPR Section 570.611 (48 Federal Register 186, pp. 43571-72, 9/23/83)." Rider to Section 11.01. The address of the Recipient for the purpose of communications relating to this Grant Agreement is: Honorable n�^t"� A DePAOLl5 Mayor of Saxes, 01+,k Sno t,ate C 3 ,.,_t o-L.. S 41 Contact Person: c , n I` fA� Q � �oA y C., .k 0.A c--4,.. k 4.11 ( c 6-3 s`79o2, Rider to Section 11.14. In the event Recipient shall not execute and return one counterpart of this Grant Agreement to the Secretary and two (2) counterparts to the HUD Field Office within 60 days from the date the Secretary signed the Grant Agreement, this tender and offer may be revoked and rescinded by the Secretary. EXHIBIT A Page 3 of 3 Revised 8/6/86 Recipient: Grant Number EXHIBIT B DESCRIPTION OF RECIPIENT ACTIVITIES Rider to Section 1.03(17). The 'Recipient Activities' shall consist of the following: Recipient shall: lend to Developer not more than $J,ICOIc0 b of Grant Funds which shall be used in accordance with Exhibit D to this Grant Agreement • EXHIBIT B Page 1 of 1 Revised 8/6/86 Recipient: Recipient: _ — Grant Number EXHIBIT C USE OF inc Item Ac DESCRIPTION OF NON-RECIPIENT ACTIVITIES Rider to Section 1.03(11). The "Non-Recipient Activities" shall consis //�� p� of the following: Developer shall: (a) acquire the Project Site and complete the Project Elements on the . 1 Project Site at a total cost of not less than $51�0,7 q$O in accordance wit �, 1 Exhibit D to this Grant Agreement using not less than $'-I,otO0,0CQ of A private loan funds, not less than $ 401 SW of Developer's cash equit • (�• funds, - and not more than it $ 1,Io0 too° of Grant Funds; t' E (6) borrow from Lender not less than $144100. 000 for financing the Project; no V _ '\ (c.) invest not less than $ (0-1,4,0 of cash equity funds in th •L• Project; (1 borrow from Recipient not more than $ 1,100,000 of Grant Funds for financing the Project; M Working C ounted in le - N. Profit 6( ounted in le (0) unconditionally and irrevocably guarantee the repayment of the UDAG •0 TOTAL PRO Loan and the completion of the Project in accordance with the schedule set p Recipient elmbursed fr forth in Exhibit F to this Grant Agreement. c Less: ite II average rati Lender shall lend to Developer not less than $ 4(a 00;00 0 for yTotal pri e reported o financing the Project. rivate") Plus: Di DAG loan rep tho ty 11 sue a d se `• d tilloha n• e Plus: D1. t an o Ind stria Re an� —rids, he • oc • ill's they public b se for _ nan ng e roj .UPlus: Pr. ease payment, Vlotals use. a•t•r eta ua!••diti••a �i a � e• everage rats. ' ' 'II' AI ��) !3 ' � 'ig ■.A•. • • a the - mP i • of 1�' �.I-ell 14 . 4. y EXHIBIT D EXHIBIT C Page 1 of 1 Revised 8/6• Revised 8/6/86 Recipient: Grant Number EXHIBIT E REQUIRED EVIDENTIARY MATERIALS The evidentiary materials to be submitted by the Recipient for the approval of the Secretary shall include the applicable provisions of Article IX of this Grant Agreement and shall consist of the following: I (a) All governmental approvals and permits necessary for the commencement of the Recipient and Non-Recipient Activities shall have been obtained. (b) Evidence of this commitment shall be a written certification from Recipient, signed by the chief executive officer, in accordance with Section 10.02 of this Grant Agreement, that all such governmental approvals and permits have been obtained. II (a) Title to all land necessary for the Project shall be held by\, l'eeveLovek. (b) Evidence of this commitment shall be in accordance with Section 10.10 of this Grant Agreement. III (a) Recipient and Developer shall enter into an agreement which shall contain provisions consistent with the following: (1) Recipient shall agree to carry out all Recipient Activities set forth in Exhibit B to this Grant Agreement. (2) Developer shall agree to carry out all Non-Recipient Activities ascribed to Developer in Exhibit C to this Grant Agreement. The agreement shall set forth the scope of the work, its location, and the obligation of Developer to invest not less than $ ab-1clip of private funds in the Project in accordance with Exhibit D to this Grant Agreement. (3) Recipient shall be obligated to make a loan to Developer of not more than $ [j�O O10 00 of Grant Funds (the "UDAG Loan"), which shall be used in accordance with Exhibit D to this Grant Agreement. The terms and conditions of the UDAG Loan shall be consistent with the following: EXHIBIT E Page 1 of Revised 8/6/86 G . Peelr e't: Grant Number (aa) Interim UDAG Loan (1) Term - Term of the Interim UDAG Loan shall commence pon the initial disbursement of Grant Funds, but in no event later than ()1 and shall and upon the completion of construction, but in no vent later than it-/i a•+, 1, Vinv 4V/0 ;11 C IP (ii) Princip - The principal amount of the Interim UDAG Loan shall be no more than $ i 100 000 •• • (iii) Interest - _re: -- • 06 inter. :444..QQ 644442, (iv) Disbar event/Ratio - Disbursements of DRAG loan funds shall be based on vouchers submitted by Developer, verified by Recipient, and certified by the architect, construction manager, or other certifying,official acceptable to Recipient. All submissions by contractors of monthly requisitions shall be on ALA Forms 702 and 703 or their equivalent. No disbursement of the UDAG Loan shall be made until: a) Developer has furnished Recipient with an ALTA Loan Policy of title insurance in the original principal amount of the UDAG Loan, insuring that Recipient is the holder of a -a,eo-^14. lien on the Project Site, free of encumbrances and other exceptions to title other than those approved in advance by Recipient, and not subordinated to any interest except the first mortgage of the mortgagee in an original principal amount not to exceed $ 1-0,C05o0 O , plus any further advances by the mortgagee which are invested in the Project and are required for its completion (the 'First Mortgage"); b) Developer has furnished Recipient with a Builder's Risk and Fire Insurance policy or policies duly endorsed to indicate Recipient as an insured mortgagee; F.IHIBIT E Page 2 of E eised 8/6/86 - Grant Number c) All of the requirements for draw down of Grant F6:.cs in Paragraph I (b) of Exhibit F to this Grant Agreement have been satisfied; and the • l • iE oats of th' • 0j,,_.. • After the above requirements have been satisfied, UDAG Loan funds may be drawn down and disbursed for use in accordance with Exhibit D to this Grant Agreement in a ratio to countable private funds of not more than $1.00 of UDAG Loan funds to $ ,3, '-}a, of countable private funds expended on the Project, - "Countable private" funds mean the funds described on line r of Exhibit D to this Grant Agreement. (bb) Permanent UDAG Loan — (I) Term — Term of the Permanent UDAG Loan shall be years commencing upon completion of construction, but in no event later j, than j4,1)-i ,a. 1 ,15�b4�. 1r (ii) Principal — The principal amount of the Permanent UDAG Loan shall be the amount disbursed under the Interim UDAG Loan plus all ;r(, interest accrued during the Term of the Interim UDAG Loan. (iii) Interest - The interest rate shall be 4 E per IJ annumv I 5 cv"� 7 qo wl b 4 k s� ^✓� 11 + Pa �.oMt i cA<,- do-e,• (iv) Repayment — • p ta-wv . - _. e ipient: Grant Number The deed of trust or mortgage shall not contain an exculpation clause in favor of Developer. To the extent permitted by law, all of the personal property described in the deed of trust or mortgage shall be deemed to be fixtures and part of the real property. As to any part of such personal property not deemed or permitted by law to be fixtures, the deed of trust or mortgage shall constitu2..., te a security agreement under the Uniform Commercial Code. t= j rA• 11 •e s u ed b fir 1 fa �/ , 1 n Air - .urc. .:ed w b th- p •c11 1 i� illSoefrv,AMVAIVik ArSiraralr ."7-44. 11101111.1,trarilrii flitiMil**11.14 AOlfrefirlfreV40VOIN 40 ' 1" - i fro 4514 le ril ileA7411 Or PM"40601:16...11',,,,,„ .Al:44: itif,At i jlf 1 . ,.41114 A A ii el �� . ([LW) Participation in Sale or Refinancing: Developer shall pay to Recipient no 2 of the Net Proceeds from any sale or disposition in whole or part of the Project or from any syndication or refinancing, except refinancing allowed pursuant to a call or a takeout provision in the First Mortgage. "Net Proceeds" shall be defined as all proceeds received less (1) repayment of the First Mortgage (if applicable), (2) repayment of the UDAG Loan, (3) Developer's documented reasonable costs of sale or refinancing, and (4) repayment of documented Developer's cash equity funds invested in the Project. i (ef) Acceleration of UDAG Loan: The entire principal balance of the UDAG Loan plus accrued and unpaid interest thereon shall become I immediately due and payable upon the (1) bankruptcy or reorganization of the Developer under the Bankruptcy Code or the Internal Revenue Code of 1954, as il14 Iamended, (2) dissolution or liquidation of the Developer, (3) syndication of the Developer, (4) change in ownership of the general partnership interest or transfer of 502 or more of the corporate stock or controlling interest in the Developer, or (5) refinance, sale, partial sale, exchange, transfer, sale under foreclosure, or any other disposition of the Project Site, improvements or capital equipment situated thereon. No improvements or capital equipment EXHIBIT E Page 5 of Revised 8/6/86 r.r;:,-'rnt: Grant Number situated on the Project Site shall be removed, demolished or materially altered, without prior written consent of Recipient, except that Developer shall have the right, without such consent, to remove and dispose of, free from any lien of Recipient, such equipment as from time to time may become worn out or obsolete, provided that simultaneously with or prior to such removal any such equipment shall be replaced with other equipment of value at least equal to that of the replaced equipment and free from any title retention or other encumbrance unless permitted in paragraph (cc) above, and by such removal and replacement Developer shall be deemed to have subjected such equipment to the lien of Recipient. ({ld Guarantee - Developer shall unconditionally and irrevocably guarantee the repayment of the UDAG Loan and the completion of the Non-Recipient activities pertaining to Developer in accordance with the schedule set forth in Exhibit F to this Grant Agreement. (n) Prepayment - No prepayment may occur without prior written approval of the Recipient. e a nt ep nt oc 7 11A►(,rt,• •. n: D ve -•=r s•• lld- t /••�• t7i'du fi. b c Acco �' 0111/p / 014 ',� *%ti'..• arm elk 1 It.lt illlibirt d ‘4,,,OtAttleAo,., Jo : 10.,_14.„„44,4417,,# 0760,10. (01,40iriori,;-4tri...iw ....4 ..„, -. iv . -orr-:t.,.--:•07,-,,Tar,v..,",... ivi.i.zerirAapp % (4) All applicable terms and conditions of this Grant Agreement, including Article IX provisions and job assurances specified in Sections 5.03 'and 9.06 shall be set forth in the agreement. EXHIBIT E Page 6 of Revised 8/6/86 Grant Number (5) The agreement shall specify a schedule for performance of Recipient and Non—Recipient Activities consistent with Paragrapu li of Exhibit F to this Grant Agreement. (6) During the term of this Grant Agreement, Developer shall agree to provide necessary data and information as to private investment and jobs relating to this Grant Agreement. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement together with copies of the forms of all UDAG Loan documents to be used at closing. - /" (a) Recipient's attorney or an acceptable-l- banking institution shall certify that cash or liquid assets of not less than $ ] q are available or irrevocably committed to Developer for the Project. Such certification shall identify the kinds of assets and the nature of the irrevocable commitment. (b) Evidence of this commitment shall be in accordance with Sections 10.07 or 10.08 of this Grant Agreement. Y �I� f • 6 } Recipient: Grant Number (a) Lender shall lend not less than $ 4 'WO 1O DQ to Developer for financing the Project. (b) Evidence of this commitment shall be in accordance with Section 10.06 of this Grant Agreement.� .i joipie. n or � � ,�i i ► out r1.71P1IF !.: .itekle, ro I// -n• his 4. j414 4 1., of / r _ ee,,,i1._ 4 1 � .�1 .. �- 1 •ndit • ced,.t to an initi aid ••� �� "AL be n sati: ied. gi EXHIBIT E Page 8 of Revised 8/6/86 Grant Number EXHIBIT F PROJECT PERFORMANCE SCHEDULE I (a) The Evidentiary Materials described in Exhibit E of this Grant Agreement must be submitted to the Secretary by Recipient not later than six (6) months from the date the Secretary executed this Grant Agreement. (b) Upon notification to Recipient of the approval by the Secretary of the Evidentiary Materials required by subparagraph (a) above, and upon receipt by the HUD Field Office of (1) a written certification from Recipient to the Secretary that construction of the Developer's portion of the Project bike commenced and is continuing, and (2) a written certification from counsel for Recipient to the Secretary that the deed of trust or mortgage and all security agreements, financing statements or other security documents required to secure the UDAG Loan have been recorded and that the note or its equivalent evidencing the UDAG Loan has been executed and delivered to the Recipient, Recipient shall be authorized to draw down Grant Funds in accordance with Paragraph III of Exhibit E to this Grant Agreement for Eligible Costs consistent with Letter of Credit procedures and the provisions of this Grant Agreement. Recipient shall be authorised to draw down Grant Funds for reimbursement of eligible administrative costs provided that such reimbursement is authorized in Exhibit B to this Grant Agreement. II The Recipient and Non—Recipient Activities shall be commenced and completed in accordance with the following schedule: Activity Commencement Date Completion Date F� '4 181 (e• I. 8 7 ae-Lom-P"�' (o• I•87 a • I. as III Notwithstanding anything to the contrary in this Grant Agreement, construction of the Project must be commenced no later than 12 months from the date the Secretary executed this Grant Agreement. No time extensions shall be given to this 12 month .ommencement of construction requirement. EXHIBIT F Page llof 1 Revised 8/6/86 STAFF RECOMMENDATION Amendments to Hartland HODAG Grant STAFF RECOMMENDATION BY: Linda Hamilton ACTION REQUESTED OF COUNCIL: The Hartland Apartments, Ltd . is requesting that the City Council authorize the Mayor to execute amendments to their HODAG grant agreement . BACKGROUND INFORMATION: The Hartland Apartments recently brought a list of requests to the Incentive Grants Review Committee, of which I am a member . One of the major items they requested was a recognition of the equity invested in the project . The original agreement intended for the developer to achieve a 10% — 13% rate of return on equity. A 10% return is considered minimally acceptable for apartment projects. Hartland Apartments, Ltd. , states that they have invested $500,000 in equity in the project than the City is not giving them credit for. This reduces the rate of return on investment. The currently recognized equity would yield a return of around 7.7%. The administration is recommending that, if Hartland is able to cost certify an additional $500,000 equity, the City should recognize it . There are several other routine modifications to the HODAG agreement . Some were requested by HUD and others by the City. STAFF ANALYSIS AND RECOMMENDATION: I have gone over the routine amendments with Garth Limburg in Capital Planning. It .appears that the impact of the routine modifications is minimal . If the City wants to encourage the development of low income housing, it would be helpful to accommodate the change in equity requested based on a cost certification. The decision on the equity will be made by the City based on a cost certification. Developers are more likely to move into the low income housing market if they see that they are able to get a fair rate of return on their investment . The impact on the City would be roughly a one year delay in the initiation of payments to the City. _ _ Because of the delay of receipt of the HODAG grant, Hartland is experiencing several difficulties. We agreed to expedite consideration of this matter so the grant could be disbursed. We do not have the contract agreement which has been executed by HUD. If the Council has already taken action, however, the Mayor will be able to move quickly when the agreement is received within the next few days. I recommend that the City Council authorize the Mayor to execute the amendments to the HODAG grant agreement . RECOMMENDED MOTION: I move that we adopt a resolution authorizing the Mayor to execute the amendments to the Hartland HODAG grant agreement contingent on review and approval by the City Attorney of the final contract agreement . STAFF RECOMMENDATION Amendments to Hartland HODAG Grant STAFF RECOMMENDATION BY: Linda Hamilton ACTION REQUESTED OF COUNCIL: The Hartland Apartments, Ltd. is requesting that the City Council authorize the Mayor to execute amendments to their HODAG grant agreement . BACKGROUND INFORMATION: The Hartland Apartments recently brought a list of requests to the Incentive Grants Review Committee, of which I am a member . One of the major items they requested was a recognition of the equity invested in the project . The original agreement intended for the developer to achieve a 10% - 13% rate of return on equity. A 10% return is considered minimally acceptable for apartment projects. Hartland Apartments, Ltd. , states that they have invested $500,000 in equity in the project than the City is not giving them credit for. This reduces the rate of return on investment . The currently recognized equity would yield a return of around 7.7%. The administration is recommending that , if Hartland is able to cost certify an additional $500,000 equity, the City should recognize it . There are several other routine modifications to the HODAG agreement . Some were requested by HUD and others by the City. STAFF ANALYSIS AND RECOMMENDATION: I have gone over the routine amendments with Garth Limburg in Capital Planning. It appears that the impact of the routine modifications is minimal . If the City wants to encourage the development of low income housing, it would be helpful to accommodate the change in equity requested based on a cost certification. The decision on the equity will be made by the City based on a cost certification. Developers are more likely to move into the low income housing market if they see that they are able to get a fair rate of return on their investment . The impact on the City would be roughly a one year delay in the initiation of payments to the City. Because of the delay of receipt of the HODAG grant, Hartland is experiencing several difficulties. We agreed to expedite consideration of this matter so the grant could be disbursed. We do not have the contract agreement which has been executed by HUD. If the Council has already taken action, however, the Mayor will be able to move quickly when the agreement is received within the next few days. I recommend that the City Council authorize the Mayor to execute the amendments to the HODAG grant agreement. RECOMMENDED MOTION: I move that we adopt a resolution authorizing the Mayor to execute the amendments to the Hartland HODAG grant agreement contingent on review and approval by the City Attorney of the final contract agreement . 7Z J. r stigNE MilLikAlt DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning.and Programming 324 SOUTH STATE STREET, ROOM 240 DIRECTOR SALT LAKE CITY. UTAH 84111 535-7902 • April 14 , 1987 To: Emilie Charles Administrative Assistant RE: Explanation of Hartland Grant Agreement Amendments Attached is a letter sent to Ms. Jessica Franklin, Housing Development Grant Officer of the U.S. Department of Housing and Urban Development, which outlines amendments required to the Grant Agreement executed December 20, 1985 to assist the development of the Hartland Apartments project. HUD has accepted these changes and in some cases required them before a release of the $5 .6 million in grant funds. Officials at HUD will prepare and execute an amendment document and send the document to the city in a matter of days. The purpose of the Council Action and Resolution is to allow the Administration to execute the document and return it to HUD as soon as possible. The City Attorney' s Office will verify that the amendments are in order before the document is executed. Sinc rely, Rosemary Davis Manager DEPARTMENT OF DEVELOPMENT SERVICES ROSEMARY DAVIS Capital Planning and Programming oiRecTOR 324 SOUTH STATE STREET. ROOM 240 SALT LAKE CITY. UTAH 84111 535-7902 April 14 , 1987 To: Roselyn Kirk City Council Chairperson RE: AUTHORIZING THE EXECUTION OF GRANT AGREEMENT AMENDMENTS BETWEEN SALT LAKE CITY CORPORATION AND THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COMPLETION OF THE HARTLAND APARTMENTS PROJECT Recommendation: That the City Council approve a resolution authorizing the Mayor to execute grant agreement amendments 3etween Salt Lake City Corporation and the U. S . Department of Housing and Urban Development. Availability of Funds : These amendments to the grant agreement will allow for the release of $5 . 6 million in federal funds. Discussion: Amendments to the grant agreement between Salt Lake City Corporation and the U.S . Department of Housing and Urban Development for $5 . 6 million were necessary to bring the agreement into conformity with the the city' s loan agreement with the owner and to reflect changes in the owner ' s equity requirements . HUD has approved the amendments. Council action is needed by April 21, 1987 . Sincerely, Rosemary Davis Manager RD/GSL/GSL sA. ' aitog. i i DEPARTMENT OF DEVELOPMENT SERVICES Capital Planning and Programming ROSEMARY DAVIS 324 SOUTH STATE STREET, ROOM 240 DIRECTOR SALT LAKE CITY, UTAH 84111 535-7902 April 14 , 1987 To: Palmer DePaulis Mayor RE: EXECUTION OF GRANT AGREEMENT AMENDMENTS BETWEEN SALT LAKE CITY CORPORATION AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COMPLETION OF THE HARTLAND APARTMENTS PROJECT Recommendation: That the Mayor execute grant agreement amendments between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development. Availability of Funds: These amendments to the grant agreement will allow for the release of $5. 6 million in federal funds. Discussion: Amendments to the grant agreement between Salt Lake City Corporation and the U. S . Department of Housing and Urban Development for $5. 6 million were necessary to bring the agreement into conformity with the the city' s loan agreement with the owner and to reflect changes in the owner ' s equity requirements . HUD has approved the amendments . Sincerely, Rosemary Davis Manager RD/GSL/GSL • SM Off MO I Ni I DEPARTMENT OF DEVELOPMENT SERVICES CRAIG E. PETERSON 324 SOUTH STATE STREET, ROOM 201 DIRECTOR SALT LAKE CITY, UTAH 84111 535-7777 March 9, 1987 Ms . Jessica Franklin Housing Development Grant Officer U. S . Dept. of Housing & Urban Development Room 6110 451 7th Street, S .W. Washington, D.C. 20410 RE: HARTLAND/SALT LAKE CITY HOUSING DEVELOPMENT GRANT AMENDMENT Dear Jessica : I am forwarding to you changes that need to be made with respect to the Salt Lake City/HARTLAND grant agreement. My understanding of the matter is that you will prepare the amendment document and forward executed copies of the grant agreement amendment to Salt Lake City. The following are changes that need to be made: 1 . The legal name of the owner needs to be amended to read as follows: HARTLAND APARTMENTS, LTD. , a Utah limited partner- ship. 2. Exhibit B. 1 . a . of the Grant Agreement must be amended to read as follows : $3 , 582 , 887 shall be a loan to the Owner for an up-front interest rate buydown ( IRP Note) . If the Owner is in full compliance with all of the terms and conditions specified in the Owner/Grantee Agreement on the second installment payment date, then as a special incentive to Owner, the City will forgive a total of Forty-one Thousand Dollars ($41, 000) of the principal of the IRP Note, and the principal balance of the IRP Note shall be reduced by said amount. 3 . Exhibit B. 1 .c. must be amended to read as follows: $480 , 656 shall be a loan to the Owner to writedown project development costs and said amount shall be made part of the IRP Note. 4 . Exhibit C. 6 . a . must be amended to conform with Exhibit B. 1 . a . of the Grant Agreement . 5. Exhibit C. 6 .c. must be amended to conform with Exhibit B . 1 . c. of the Grant Agreement . 6. Exhibit D. a . l . must be amended to reflect new equity requirements as follows: i . Cash/Letter of Credit $429, 758 ii . Builder ' s Profit 454 , 631 iii . General Requirements 141, 399 v. Earnest Money and Interest Carry for the land 112,765 vi . Financing Costs of Negative Arbitrage and Parity Requirement for bonds 87, 500 vii . Letter (s) of Credit 140,421 TOTAL $1 , 366 ,474 7 . Exhibit D.a. l.A. must be amended to reflect the new equity in Exhibit D. a . l . 8 . Exhibit D.b. must be amended to reflect the bond interest rate of 9 . 80 percent. Also, the following language must be revoked in its entirety: " . . . Further , the cost of issuance in the amount of $58 , 789 shall be deferred as a concession to the Owner and repaid in the following manner: Full payment of such fees will be deferred twelve months from the closing of the bonds and be paid in four quarterly installments until paid in full . " 9 . Exhibit D. c. must be amended to conform with bond interest rate change in Exhibit D. b. 10 . Exhibit D. d . must be amended to reflect a construction loan interest rate of 1 . 25 percent floating over the prime rate. 11 . Exhibit E. I . a . must be amended to read as follows: not later than March 1987. This should complete the necessary amendments to the Grant Agreement . If you should have any questions please give me a call on ( 801) 535-7902. We hope to have the changes made and approved as quickly as possible. Thank you for your assistance. Sincerely, •rl• ' V Jyv ` I Garth S . Limburg, AICP Financial Incentives Coordinator cc: Larry Spendlove William Prater Mike Martinez Peter Cooke RESOLUTION NO. OF 1987 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, Title 11, Chapter 13, U. C.A. , 1953 , as amended , allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve an agreement to be in substantially the same form as the materials attached hereto as verified by the Salt Lake City Attorney' s Office prior to execution, generally described as follows : An amendment to the U. S. Department of Housing and Urban Development Housing Development Grant Program Grant Agreement executed between Salt Lake City Corporation and the U. S. Department of Housing and Urban Development on December 20, 1985, providing for an HDG Grant to the City to assist in the development of the Hartland Apartments Project. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1987. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER LVS :rc46 APPROYED AS TO FORM Salt Lass City Atto►ney's OMea Date y !S-87 -2- STAFF RECOMMENDATION STAFF RECOMMENDATION BY: Geoff Smith ACTION REQUESTED OF COUNCIL: That the City Council consider amending the original Salt Lake City/Hartland Off-Site Loan Agreement . This amendment would provide additional assistance from the City not to exceed $35,000 for completion of off-site improvements on Harris and Prospect Avenues . BACKGROUND INFORMATION: In March of this year, PSC Properties asked the City's Incentives and Grants Review Committee to consider a multifaceted request for assistance. The request included: A) Additional off-site grant assistance; B) Relocation of developer's equity placement ( this would lengthen the term of the HDG loan repayment ; C) Release of life insurance requirement ; and D) Change the loan for off-site improvements into a grant . After much consideration, the Committee recommended that consideration be given to dropping the life insurance requirement, however made no recommendation regarding the other requests. The Department of Development Services has reviewed the PSC requests and agrees with the recommendation to drop the insurance requirement and has recommended that a solution to the off-site improvements problem would be to increase the original Salt Lake City/Hartland Off-Site Loan Agreement by a sum not to exceed $35,000. The Administration has presented a resolution for your consideration which reflects the proposed change to the loan agreement . STAFF ANALYSIS AND RECOMMENDATION: Notwithstanding all the "other" issues surrounding this project , an increase of up to $35,000 to the original loan is the cleanest solution to the immediate off-site improvements problem. Staff agrees with the Development Services proposal to increase the loan amount based on the still compelling argument that although the City has contributed significantly to the project already, this is a significant and rather complicated public/private partnership effort which will require a degree of accommodation from both parties concerned. It is also reasonable to expect that City support of this type of public/private partnership may encourage similar _projects in the future. It is also reasonable to expect that City support of this type of public/private partnership may encourage similar projects in the future. It is also reasonable to expect that City support of this type of public/private partnership may encourage similar projects in the future. RECOMMENDED MOTIONS; Consider adoption of a resolution authorizing an additional loan to Hartland Apartments, LTD. of a sum not to exceed $35,000. ANTICIPATED OPPOSITION: Unknown R 3 siAl2 A\ 1.i eitiff ema I) k 1101 DEPARTMENT OF DEVELOPMENT SERVICES ARLO R• NELSON Capital Planning and Programming MANAGER 324 SOUTH STATE STREET. ROOM 240 SALT LAKE CITY, UTAH 84111 535-7902 April 10 , 1987 TO: Emilie Charles RE: SET CITY COUNCIL DATE TO CONSIDER ADDING $35 , 000 OF CDBG FUNDS TO THE PSC PROPERTIES (PETER COOKE) LOAN Recommendation: That the City Council consider adding $35 , 000 to the $105 , 088 loan to PSC Properties from CDBG funds . The terms of the loan would remain the same. This amount would complete the off-site improvements on Harris and Prospect Avenues . Discussion: The $35 , 000 would be taken from the following closed projects which have surplus balances . All projects are from the 8th Year . Current Recommended Project Budget Budget Change 1700 S. Storm Drain 27, 709 0 (27 , 709) Spencer Court Water Line 7 ,000 0 (7 , 000) Faultline Gardens 1, 443 0 ( 1, 443 ) Hartland Additional Loan 0 36, 152 36, 152 For Off Street Improvements This request is made in light of changes in the project and its current financial condition. Sincerely, APPROVED Rosemary Davis (19-1() FINANCE DEPARTMENT Director _____,&/4_1(42 , Sn RESOLUTION NO. OF 1987 AUTHORIZING AN ADDITIONAL LOAN TO HARTLAND APARTMENTS, LTD. OF A MAXIMUM OF $35, 000 WHEREAS, Salt Lake City Corporation entered into an agreement with Hartland Apartments, Ltd . dated January 6, 1987 , entitled Salt Lake City/Hartland Off-Site Loan Agreement wherein the City agreed to loan to Hartland the sum of $105, 088 for the purpose of assisting in completing certain off-site improvements to Prospect Street and Harris Avenue in connection with the development of the Hartland Apartments Project; and WHEREAS, Hartland has requested additional assistance from the City in a sum not to exceed $35, 000 in order to complete the said off-site improvements ; and WHEREAS, the City has $35, 000 available in the form of surplus balances from closed CDBG projects previously approved from the Eighth Year CDBG Budget; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City , Utah: 1 . That Salt Lake City Corporation should make an additional loan of a maximum of $35, 000 to Hartland Apartments , Ltd . to be added to the previous $105, 088 loan for completion of the off-site requirements on Harris Avenue and Prospect Street , which loan should be made from available surplus CDBG funds . The terms of this $35,000 loan should be the same as the terms of the previous $1 05, 088 loan, and the Salt Lake City/Hartland Off-Site Loan Agreement should be amended accordingly. 2. The amended loan agreement should provide that the additional loan funds should be distributed directly to the contractor and that the off-site improvements as set forth in the Salt Lake City/Hartland Off-Site Loan Agreement must be completed in their entirety as a result of this additional loan. Passed by the City Council of Salt Lake City, Utah, this day of , 1987. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER LVS :rc46 • -2-