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Show Deed will be made avail- FIRMING THE ASSESS- 4. Amount of Total AsSat/Sun/Mon/Tues, April 22-25, 2017 able to the successful sessments. The assessMENT LIST AND LEVYbidder within three (3) ments do not exceed in ING AN ASSESSMENT business days following the aggregate the sum AGAINST CERTAIN receipt of payment in full of: (a) the estimated conPROPERTIES IN THE of the bid amount. The tract price of the ImSILVER CREEK SEWdeposit of the successful ER VOLUNTARY ASprovements; (b) the esbidder is non-refundable, SESSMENT AREA (THE timated acquisition price will be retained as damof the Improvements (in“ASSESSMENT AREA”) ages if the purchase cluding capitalized inTO FINANCE THE price is not timely paid in COSTS OF CONterest); (c) the reasonfull as set forth above, able cost of (i) utility serSTRUCTING AND INand the successful bidvices, maintenance, and STALLING SANITARY der will be liable for any operation to the extent SEWER IMPROVEloss occasioned by the permitted by the Act and MENTS AND RELATED failure to pay, including (ii) labor, materials, or IMPROVEMENTS, TO without limitation interest, COMPLETE SAID IMequipment supplied by costs, and trusteeʼs and the County, if any; (d) the PROVEMENTS IN A reasonable attorney fees. PROPER AND WORKprice or estimated price of purchasing property; MANLIKE MANNER The sale is made without (COLLECTIVELY, THE (e) overhead costs not to any warranty whatsoexceed fifteen percent “IMPROVEMENTS”); ever, including without (15%) of the sum of (a), PROVIDING FOR CERlimitation any warranty as TAIN REMEDIES UPON (b), and (c); (f) an to title, liens, possession, DEFAULT IN THE PAYamount for contingentaxes, encumbrances, or MENT OF ASSESScies of not more than ten condition of the property. MENTS; ESTABLISHpercent (10%) of the sum The Trustee is not curof (a) and (c); (g) estimING THE EFFECTIVE rently aware of any bank- DATE OF THIS ORDINated interest on debt inruptcy filing, payoff, rein- ANCE; AND RELATED strument or other obligastatement or any other tions issued to finance MATTERS. condition that would the Improvements, plus a cause cancellation of the WHEREAS, the County proportional share of any sale. The Trustee reCouncil (the “Council”) of issuance costs on such serves the right to void instruments or other obSummit County, Utah the effect of the trusteeʼs (the “County”), pursuant ligations; and (h) the adsale based upon informa- to the Assessment Area ministrative and legal tion unknown to the trust- Act, Title 11 Chapter 42, costs of creating the Asee at the time of the sale, Utah Code Annotated sessment Area and adsuch a bankruptcy filing, opting of this Assess1953, as amended (the a loan reinstatement, or ment Ordinance. “Act”), and pursuant to a an agreement between resolution adopted on the Trustor and BenefiApril 5, 2017 (the “Desig- 5. Method and Rate. ciary to postpone or can- nation Resolution”), des- Each of the benefited cel the sale. If so voided, ignated the Assessment properties will be asthe successful bidderʼs sessed within the AsArea after having obfunds shall be returned tained from the owners of sessment Area on a subwithout interest thereon, division lot basis as folall properties (collectand the Trustee and the lows: ively, the “Owner”) to be Beneficiary shall not be assessed within the Asliable to the successful Improvements Estimated sessment Area an exbidder for any damages. Assessment Method of ecuted Waiver of ReAssessment quirements under Title Dated: April 17, 2017. 11, Chapter 42, to Desig- Sanitary Sewer Improvements nate a Silver Creek VolDwayne A. Vance, Trust- untary Assessment Area $35,200.00 Per Subdiviee sion Lot and Levy an AssessVance Law ment for the Purposes of 3100 W. Pinebrook Sanitary Sewer Improve- Notwithstanding the levy Road, Suite 2400 of the assessments, in ments (the “Waiver and Park City, Utah 84098 order to provide additionConsent”) in the form atvance@vancelawutah.co tached to the Designaal security for the paym ment of assessments, tion Resolution; and (435) 659-4176 the County shall require that all assessments of WHEREAS, the Council PUBLISHED IN THE all properties owned by has now determined the PARK RECORD ON the same owner within total estimated cost of SATURDAY APRIL 22, the Assessment Area (or the Improvements and SATURDAY APRIL 29 an affiliate of the same desires to assess the AND SATURDAY MAY owner) be aggregated as properties, and has pre6, 2017. pared an assessment list a single unified assessof the assessments to be ment against all properPUBLIC HEARING NOlevied to finance the cost ties owned by the same TICE of the Improvements; and owner within the Assessment Area (or an affiliate Vintage on the Strand of the same owner). Phase 3 Final Site Plan WHEREAS, the Council anticipates issuing its not 2749 West High Mountain Road, Canyons Vil- to exceed $850,000 Spe- 6. Payment of Assessments. The assesscial Assessment Bonds lage, Park City, UT (Silver Creek Sewer Vol- ments shall be payable in 84098 annual principal payuntary Assessment Parcel: VOS-1-2A conments over a period endArea), Series 2017 (the taining 1.05 acres and ing November 30, 2036. “Assessment Bonds”) to VOS-1-2B, containing The County will collect provide moneys suffi1.76 acres the assessments as an cient to finance the cost of the Improvements; and inclusion on a property Public notice is hereby tax notice issued in acgiven that the County cordance with Section WHEREAS, the Council Manager will conduct a 59-2-1317, Utah Code public hearing to discuss now desires to confirm Annotated, as amended. the assessment list and and possibly take action The assessment payto levy said assessregarding the proposed ments in accordance with ment dates shall fall on Vintage on the Strand November 30 of each this assessment ordinPhase 3 Final Site Plan, year beginning Novemance: located at 2749 West ber 30, 2017, until all asHigh Mountain road on sessments have been NOW THEREFORE, BE parcels VOS-1-2A and paid in full. IT ORDAINED BY THE VOS-1-2B in the COUNTY COUNCIL OF Canyons Village. The 7. Prepayment of AsSUMMIT COUNTY, public hearing will be sessments. UTAH: held: LEGALS May 4, 2017 beginning at 10:00 a.m. County Courthouse, Conference Room 2, 60 North Main Street, Coalville, Utah 84017 The applicant, Sam Ferrin, representing the owners Sugarbowl Developers, LLC, is requesting approval of 51,143 square feet of multi-family and single family residential units. The Canyons Development Agreement allocates 52,000 square feet of hotel/lodging use for the site. For further information, please contact Tiffanie Northrup-Robinson, at the Summit County Department of Community Development, P.O. Box 128, 60 North Main Street, Coalville, Utah 84017; call at (435) 3363139; or email at trobinson@summitcounty.org. To view the Staff Report available after April 28, 2017 please visit: www.summitcounty.org Pursuant to the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Summit County Department of Community Development at (435) 336-3139 prior to the meeting. Posted: April 21, 2017 Published: April 22, 2017 - The Park Record PUBLISHED IN THE PARK RECORD ON SATURDAY APRIL 22, 2017. ORDINANCE NO. ___869____ AN ORDINANCE CONFIRMING THE ASSESSMENT LIST AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE SILVER CREEK SEWER VOLUNTARY ASSESSMENT AREA (THE 1. Determination of Costs of the Improvements. The Council has determined that the estimated acquisition and construction costs of the Improvements within the Assessment Area, including overhead costs, debt issuance costs and capitalized interest, is $832,192.50, all of which shall be levied against the properties benefited within the Assessment Area. 2. Approval of Assessment List; Findings. The Council confirms and adopts the assessment list for the Assessment Area, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the “Assessment List”). The Council has determined that the assessments are levied according to the benefits to be derived by each property within the Assessment Area and in any case the Owner has consented to such methodology as provided in Section 11-42-409(5) of the Act. 3. Levy of Assessments. The Council does hereby levy an assessment against each parcel of property identified in the Assessment List. Said assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments are levied upon each parcel of property in the Assessment Area in accordance with the benefit received from the Improvements and in any case the Owner has consented to such methodology as provided in Section 11-42-409(5) of the Act. 4. Amount of Total Assessments. The assessments do not exceed in the aggregate the sum of: (a) the estimated contract price of the Improvements; (b) the estimated acquisition price A. The Owner has the right to prepay the entire assessment on any date. Prepayments of Assessments shall be applied as provided in the Master Resolution or Indenture under which the Assessment Bonds are issued (the “Master Resolution/Indenture”). B. Upon prepayment of the assessment in accordance with this Section 7, the County shall, within three months of such prepayment, file a release of lien with the Summit County Recorder releasing the lien of assessment on said property. C. The County Council hereby determines that (i) the Improvements have a useful life of not less than twenty (20) years, and have elected to have the assessments paid over a period of not more than twenty (20) years from the effective date of this Assessment Ordinance and (ii) it is in the best interests of the County and the Owner for assessments to be paid over twenty (20) years. The County will collect the assessments as an inclusion on a property tax notice issued in accordance with Section 59-2-1317, Utah Code Annotated, as amended. 8. Default in Payment. If a default occurs in the payment of any assessment when due, the County Treasurer, on behalf of the Council, shall declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, the County Treasurer, on behalf of the Council, may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal then due to be immediately due and payable. Interest shall Council, may accelerate fault had not occurred. The Park Record payment of the total unAny payment made to paid balance of the ascure a default shall be sessment and declare applied first, to the paythe whole of the unpaid ment of attorneysʼ fees and other costs incurred principal then due to be as a result of such deimmediately due and fault; second, to interest payable. Interest shall accrue and be paid on all charged on past due installments, as set forth amounts declared to be above; third, to the indelinquent or accelerterest portion of all past ated and immediately due assessments; and due and payable at the last, to the payment of same rate of interest as are applied to delinquent outstanding principal. real property taxes for 10. Lien of Assessment. the year in which the asAn assessment or any sessment payment bepart or installment of it, comes delinquent (the “Delinquent Rate”). In ad- any interest accruing and dition to interest charges the penalties, trusteeʼs at the Delinquent Rate, fees, attorneysʼ fees, and costs of collection, as ap- other costs of collection proved by the County therewith shall constitute Treasurer on behalf of a lien against the propthe Council, including, erty upon which the aswithout limitation, attorsessment is levied on the neysʼ fees, trusteeʼs fees, effective date of this Asand court costs, incurred sessment Ordinance. by the County or reSaid lien shall be superiquired by law shall be or to the lien of any trust deed, mortgage, mechcharged and paid on all anicʼs, or materialmanʼs amounts declared to be lien, or other encumdelinquent or accelerbrance and shall be ated and immediately equal to and on a parity due and payable. Until with the lien for general such costs of collection property taxes. The lien are recovered by the shall apply without interCounty, the County may ruption, change in priorcharge such costs as an additional overheard cost ity, or alteration in any against all Assessments, manner to any reduced payment obligations and with a credit later upon shall continue until the any recovery of such assessment, reduced costs. payment obligations, and any interest, penalties, Upon any default, the County Treasurer shall and costs on it are paid, give notice in writing of notwithstanding any sale the default to the Owner of the property for or on of the property in default account of a delinquent as shown by the last general property tax, available completed real special tax, or other asproperty assessment sessment or the issurolls of the County. Noance of a tax deed, an tice shall be effective assignment of interest by the County or a sheriffʼs upon deposit of the nocertificate of sale or tice in the U.S. Mail, by deed. certified mail, and addressed to the Owner as 11. Reserve Fund. The shown on the last comCounty does hereby espleted real property astablish a reserve fund sessment rolls of the (the “Reserve Fund”) in County. The notice shall lieu of funding a special provide for a period of improvement guaranty thirty (30) days in which fund, as additional securthe Owner shall pay the ity for the Assessment installments then due Bonds. In the event the and owing, after which the County Treasurer, on Reserve Fund deposit is funded by the County for behalf of the County, the Assessment Bonds, may immediately initiate a sale of the property as the Owner will have no provided in Title 59, rights to such funds. In Chapter 2, Part 13, Utah the event insufficient AsCode Annotated 1953, as sessments are collected amended, or sell the by the County to make property pursuant to Sec- the debt service paytion 11-42-502.1(2)(b) ments on the Assessand related pertinent pro- ment Bonds, the County visions of the Act, in the shall draw on the Remanner provided for judi- serve Fund to make up such deficiency, but shall cial forecloses. If at the have no obligation to resale no person or entity plenish the Reserve shall bid and pay the Fund with its own funds. County the amount due Amounts recovered by on the assessment plus exercise of any of the interest and costs, the property shall be deemed remedies provided herein or otherwise from delinsold to the County for quent Assessments (and these amounts. The not needed to pay County shall be permitamounts coming due on ted to bid at the sale. So the Assessment Bonds) long as the County reshall be used to replentains ownership of the ish amounts drawn from property, it shall pay all the Reserve Fund. delinquent assessment Amounts remaining in the installments and all assessment installments Reserve Fund upon final that become due and payment of the Assessshall be entitled to use ment Bonds shall be disamounts on deposit in bursed in accordance the Reserve Fund (as with the Mater Resoludefined herein) for such tion under which the Aspurpose. The County sessment Bonds are isnotes it has no current in- sued. tention of owning the 12. Contestability. No asproperty and will sursessment shall be derender the property to clared invalid or set owners of the Assessaside, in whole or in part, ment Bonds in full satisin consequence of any faction of all obligations to such owners of the As- error or irregularity which does not go to the equity sessment Bonds. or justice of the assessment or proceeding. Any The remedies provided party who has not waived herein for the collection his objections to the of assessments and the enforcement of liens shall same as provided by statute may commence a be deemed and concivil action in the district strued to be cumulative court with jurisdiction in and the use of any one method or means or rem- Summit County against the County to enjoin the edy of collection or enforcement available at levy or collection of the law or in equity shall not assessment or to set deprive the County of the aside and declare unlawuse of any other method ful this Assessment Oror means. The amounts dinance. of accrued interest and all costs of collection, Such action must be trusteeʼs fees, attorneysʼ commenced and sumfees, and costs, shall be mons must be served on the County not later than added to the amount of sixty (60) days after the the assessment up to, and including, the date of effective date of this Assessment Ordinance. foreclosure sale. This action shall be the exclusive remedy of any 9. Remedy of Default. If prior to the final date pay- aggrieved party. No court shall entertain any comment may be legally plaint which the party made under a final sale was authorized to make or foreclosure of propby statute but did not erty to collect delinquent assessments, the Owner timely make or any compays the full amount of all plaint that does not go to the equity or justice of unpaid installments of the assessment or proprincipal and interest ceeding. which are past due and delinquent with interest on such installments at After the expiration of the the rate or rates set forth sixty (60) day period in Section 6 herein to the provided in this section: payment date, plus all attorneysʼ fees and other A. The Assessment costs of collection, the Bonds and any refundassessment of said Own- ing bonds to be issued er shall be restored and with respect to the Asthe default removed, and sessment Area and the assessments levied in thereafter the Owner the Assessment Area shall have the right to make the payments in in- shall become incontestable as to all persons stallments as if the dewho have not comfault had not occurred. menced the action and Any payment made to served a summons as cure a default shall be provided for in this secapplied first, to the paytion; and ment of attorneysʼ fees and other costs incurred B. No suit to enjoin the as a result of such deissuance or payment of fault; second, to interest who have not commenced the action and served a summons as provided for in this section; and B. No suit to enjoin the issuance or payment of the Assessment Bonds or refunding assessment bonds, the levy, collection, or enforcement of the assessments, or in any other manner attacking or questioning the legality of the Assessment Bonds or refunding assessment bonds or Assessments may be commenced, and no court shall have authority to inquire into these matters. 13. Notice to Property Owners. The County Treasurer is hereby authorized and directed to give notice of assessment by certified mail to the property owners in the Assessment Area. Said notice shall, among other things, state the amount of the assessment and the terms of payment. A copy of the form of notice of assessment interest is available for examination upon request at the office of the County. 14. Amendments. Pursuant to Sections 11-42207 and 11-42-409 of the Act, property may be added to the Assessment Area in future years so long as a new zone is established for each installment year beyond 2017. Each new zone shall include annual installment payments for the remaining duration of the payback period, which installment payments shall include a 4% CPI increase compounded annually to account for the added benefit to be derived by the Amended Owner from late entrance into the Assessment Area, as more fully calculated as follows: (1) 2017 Zone: See Table 1 (2) 2018 Zone: See Table 1 (3) 2019 Zone: See Table 1 (4) 2020 Zone: See Table 1 (5) 2021 Zone: See Table 1 (6) 2022 Zone: See Table 1 (7) 2023 Zone: See Table 1 (8) 2024 Zone: See Table 1 (9) 2025 Zone: See Table 1 (10) 2026 Zone: See Table 1 (11) 2027 Zone: See Table 1 (12) 2028 Zone: See Table 1 (13) 2029 Zone: See Table 1 (14) 2030 Zone: See Table 1 (15) 2031 Zone: See Table 1 (16) 2032 Zone: See Table 1 (17) 2033 Zone: See Table 1 (18) 2034 Zone: See Table 1 (19) 2035 Zone: See Table 1 (20) 2036 Zone: See Table 1 Any additional Assessment revenue from the addition of new zones will be applied as provided in the Master Resolution/Indenture. The form of amendment to this Assessment Ordinance in connection with any addition of property to the Assessment Area is attached hereto as Exhibit C. The Improvements have a capacity of 36 subdivision lots, and once that capacity has been reached, no additional property may only be included in the Assessment Area. After the capacity has been reached, property owners will need to pay for their own improvements in the normal course of business. 15. All Necessary Action Approved. The officials of the County are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Assessment Ordinance, including the filing of a notice of assessment interest with the County Recorder. 16. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Assessment Ordinance are hereby repealed. 17. Publication of Ordinance. Immediately after its adoption, this Assessment Ordinance shall be signed by the Chair and County Clerk and shall be recorded in the ordinance book kept for that purpose. This Assessment Ordinance, or a summary thereof, shall be published once in the Park Record, a newspaper published and having general circulation in the County, and shall purpose. This Assessment Ordinance, or a summary thereof, shall be published once in the Park Record, a newspaper published and having general circulation in the County, and shall take effect immediately upon its passage and approval and publication as required by law. A copy of this Assessment Ordinance shall also be posted on the Utah Public Notice Website (http://pmn.utah.gov). ted in Section 7 of the C-11 Construction Agreement. PASSED AND APPROVED by the County Council, this April 5, 2017. B High Density Mineral Bond For Bike Paths approximately 14,267 sq. yd. By:_________________ ________________ Christopher F. Robinson Chair ATTEST: C Street Overlays approximately 5,526 tons Rotomilling Approximately 354,782 sq. ft. Utility Adjustments Water valves/survey markers 77 ea. Manholes 88 ea. By: Kent Jones County Clerk APPROVED AS TO FORM: By:_________________ ________________ David L. Thomas Chief Civil Deputy VOTING OF COUNTY COUNCIL: Councilmember Armstrong __absent___ Councilmember Robinson __aye______ Councilmember Clyde __aye______ Councilmember Carson __aye______ Councilmember Wright __aye______ Thereupon the County Treasurer was authorized and directed to give notice of assessment by certified mail to the property owners in the Assessment Area. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded, and carried, adjourned. By:_________________ ________________ Christopher F. Robinson Chair ATTEST: By: Kent Jones County Clerk PUBLISHED IN THE PARK RECORD ON SATURDAY APRIL 22, 2017. PARK CITY MUNICIPAL CORPORATION REQUEST FOR PROPOSALS SLURRY SEAL, SEALCOAT BIKE PATHS, ROTOMILLING, OVERLAYS, UTILITY ADJUSTMENTS, AND CRACK SEALS APRIL 2017 PROPOSALS DUE AND PROPOSALS OPENING: Monday, April 24, 2017, 1:00 p.m. at the Public Works office front desk at 1053 Iron Horse Drive, Park City, UT 84060. PROJECT NAME: 2017 PAVEMENT MANAGEMENT SLURRY SEAL, HIGH DENSITY MINERAL BOND FOR BIKE PATHS ROTOMILLING, OVERLAYS, UTILITY ADJUSTMENTS, AND CRACK SEALS PLANS AVAILABLE Monday, April 3, 2017, at the Public Works office FOR CONTRACTORS: 1053 Iron Horse Drive, Park City, UT 84060 or www.parkcity.org. PRE BID MEETING: Wednesday, April 19, 2017 11:00 a.m. at the Public Works office, 1053 Iron Horse Drive, Park City, UT 84060. It is highly recommended for all Bidders to attend, however, it is MANDATORY for Contractors who have not provided services to Park City Municipal Corporation within the last three (3) years. PROJECT LOCATION: Park City, Utah PROJECT DESCRIPTION: Project includes four (4) bid schedules. The bidder may bid on one or more of these schedules. Each schedule is to be bid as a complete project within the specifications attached herein. Project completion deadline for each bid schedule will vary as listed in Section 7 of the Construction Agreement. Advertised in the Salt Lake Tribune on April 9, 16, 23, 2017 Advertised in the Park Record on April 8, 15, 22, Advertised in the Salt Lake Tribune on April 9, 16, 23, 2017 Advertised in the Park Record on April 8, 15, 22, 2017 Available on the Park City website @ www.parkcity.org Schedule Description A Slurry Seals Type II approximately 105,968 sq. yd. D Crack Seal 33 tons OWNERS OPINION OF PROBABLE CONSTRUCTION COST: 2017 - $873,721.00 (Includes slurry seal, HDMB sealcoat bike paths, streets overlays, rotomilling, utility adjustments, and crack seals) OWNER: Park City Municipal Corporation Project Manager/Contact: All questions must be submitted in writing by 10:00 a.m. on Friday, April 21, 2017, to: Troy Dayley Project Manager P.O. Box 1480 1053 Iron Horse Drive Park City, UT 84060 (435) 615-4909 fax troy@parkcity.org Public Utilities Director: Clint McAffee Utilities Director P.O. Box 1480 1053 Iron Horse Drive Park City, UT 84060 City Engineer: Matt Cassel Park City Engineer P.O. Box 1480 1053 Iron Horse Drive Park City, UT 84060 A bid bond in the amount of five percent (5%) of the total bid is required at the time of bidding. Payment and Performance bonds in the amount of one hundred percent (100%) of the total bid will be required. Park City Municipal Corporation reserves the right to reject any and all proposals for any reason. Bids will remain valid for ninety (90) days after bid opening. All submittals shall be public records in accordance with government records regulations (“GRAMA”) unless otherwise designated by the applicant pursuant to UCA § 63G-2-309, as amended. Award of contract is subject to approval by City Council prior to May 30, 2017. Proposals lacking required information will not be considered. Park City Municipal Corporation reserves the right to change any dates or deadlines. Successful bidder will be required to enter into Park City's standard Construction Agreement in a form approved by the City Attorney. Park City Municipal Corporation reserves the right to cancel or modify the terms of this RFP and/or the project at any time and for any reason preceding contract award and reserves the right to accept or reject any or all proposals submitted pursuant to this request for proposals. Park City will provide respondents written notice of any cancellation and/or modification. Furthermore, the City shall have the right to waive any informality or technicality in proposals received when in the best interest of the City. PUBLISHED IN THE PARK RECORD ON SATURDAY APRIL 8, SATURDAY APRIL 15 AND SATURDAY APRIL 22, 2017. **** All legals are published on the utahlegals.com website for 30 days **** |