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90 North Main Street | Tooele, Utah 84074 City Recorder’s Office Department PUBLIC NOTICE Notice is Hereby Given that the Tooele City Council will meet in a Business Meeting on Wednesday, December 21, 2022 , at the hour of 7:00 p.m. The meeting will be held at the Tooele City Hall Council Chambers, located at 90 North Main Street, Tooele, Utah.

We encourage you to join the City Council meeting electronically by visiting the Tooele City YouTube Channel , at https://www.youtube.com/@tooelecity or by going to YouTube.com and searching “Tooele City Channel”. If you are attending electronically and would like to submit a comment for the public comment period or fo r a public hearing item, please email [email protected] anytime up until the start of the meeting. Emails will be read at the designated points in the meeting.

AGENDA 1. Pledge of Allegiance 2. Roll Call 3. Public Comment Period 4. Public Hearing & Motion o n Ordinance 2022 -40 An Ordinance of the Tooele City Council Amending Tooele City Code Section 7 -1-5 and Chapter 7 -15 Regarding Fair Housing and Residential Facilities for Persons with a Di sability Presented by Roger Baker , City Attorney 5. Public Hearing & Motion on Ordinance 2022 -46 An Ordinance of Tooele City Reassigning the Zoning for Approximately 2 Acres of Property Located at the North East Corner of the Intersection of Franks Drive and 1000 North From MR -16 Multi -Family Residential to RC Regional Commercial Presented by Jim Bolser, Community Development Director 6. Subdivision Plat Amendment Request by Cook Builders to Amend Lots 2, 3, and 4 of the Existing Oristruts Subdivision Amended Plat for Property Located at Approximately 600 East 2400 North

t Director 6. Subdivision Plat Amendment Request by Cook Builders to Amend Lots 2, 3, and 4 of the Existing Oristruts Subdivision Amended Plat for Property Located at Approximately 600 East 2400 North Affecting 4.5 Acres in the GC General Commercial Zoning District Presented by Jim Bolser, Community Deve lopment Director 7. Preliminary Subdivision Plat Request by DR Horton for the Western Acres Phase 2A Subdivision Located at Approximately 1800 North 300 East on Approximately 11.4 Acres Creating 121 Residential Lots in the MR -16 PUD Multi -Family Residential Z oning District Presented by Jim Bolser, Community Development Director 8. Ordinance 2022 -44 An Ordinance of Tooele City Amending Tooele City Code Section 3 -3-1 to Adopt Appendices F and H of the International Fire Code Presented by Matt McCoy, Fire Chief 9. Resolution 2022 -105 A Resolution of the Tooele City Council Approving an Agreement with PGA&W Architects for Fire Station #3 Presented by Matt McCoy, Fire Chief 90 North Main Street | Tooele, Utah 84074 City Recorder’s Office Department 10. Resolution 2022 -97 A Resolution of the Tooele City Council Authorizing Payment of a Fee -in-Lieu of Water Rights Conveyance for Gardner Batt Tooele Land Holdings, LLC.

Presented by Jared Stewart, Economic Development Director 11. Resolution 2022 -103 A Resolution of the Tooele City Council Approving and Ratifying an Agreement with All -Tech Electric for Work on Pavilions at England Acres Park and Wigwam Park Presented by Darwin Cook, Parks & Recreation Director 12. Resolution 2022 -104 A Resolution of the Too ele City Council Approving and Ratifying an Agreement with Quest Mechanical for Work on Pavilions at England Acres Park and Wigwam Park

eation Director 12. Resolution 2022 -104 A Resolution of the Too ele City Council Approving and Ratifying an Agreement with Quest Mechanical for Work on Pavilions at England Acres Park and Wigwam Park Presented by Darwin Cook, Parks & Recreation Director 13. Resolution 2022 -106 A Resolution of the Tooele City Council Approving an Agreement with Legrand Jensen, Inc., to Install a Bulk Water Fill Station at the Water Reclamation Facility Presented by Jamie Grandpre, Public Works Director 14. Ordinance 2022 -45 An Ordinance of the Tooel e City Council Establishing the Dates, Times, and Places of its Public Meetings in 2023 Presented by Michelle Pitt, City Recorder 15. Invoices & Purchase Orders Presented by Michelle Pitt, City Recorder 16. Minutes ~December 7, 2022 City Council & RDA Work Meeting ~December 7, 2022 City Council Business Meeting 17. Adjourn Michelle Y. Pitt, Tooele City Recorder Pursuant to the Americans with Disabilities Act, Individuals Needing Special Accommodations Should Notify Michelle Y. Pitt, Tooele City Recorder, at 435 -843-2111 or [email protected] , Prior to the Meeting.

TOOELE CITY CORPORATION ORDINANCE 2022-40 AN ORDINANCE OF THE TOOELE CITY COUNCIL AMENDING TOOELE CITY CODE SECTION 7 -1-5 AND CHAPTER 7 -15 REGARDING FAIR HOUSING AND RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY .

WHEREAS, the federal Americans with Disabilities Act (ADA) and its successor statutes contains protections for persons with a disability, and the term “disability” includes drug addiction ; and, WHEREAS, the federal Fair Housing Act (FHA) and its successor statute s contains housing protections for persons with a disability, as does the Utah Fair Housing Act (UFHA); and,

drug addiction ; and, WHEREAS, the federal Fair Housing Act (FHA) and its successor statute s contains housing protections for persons with a disability, as does the Utah Fair Housing Act (UFHA); and, WHEREAS, Tooele City Code (TCC) Chapter 7 -15 governs residential facilities for persons with a disability ; and, WHEREAS , TCC 7 -14 regulates res idential zoning districts, and identifies residential facilities for persons with a disability as permitted (P) uses in all Tooele City zoning districts which permit a dwelling ; and, WHEREAS, residential facilities for persons with a disability are one t ype of dwelling known by some as a “group home” ; and, WHEREAS, as a general rule, the above Acts require that persons with a disability have the same access to housing as persons without a disability ; and, WHEREAS, clinical research into group homes fo r persons disabled by drug addiction indicates that such persons achieve greater success in navigating life and in overcoming addiction by living in a group setting with up to eight residents per dwelling ; and, WHEREAS, TCC 7 -1-5 defines the term “ family ” as being an individual, or two or more persons related by blood or marriage, or a maximum of four unrelated persons living together in a dwelling ; and, WHEREAS, under TCC, eight unrelated persons living together in a dwelling exceeds the definition of the term “family” and is not lawful ; and, WHEREAS, the above Acts require the government to make reasonable accommodations to persons with a disability in order to make housing available to them in a way available to persons without a disability, and all owing up to eight disabled persons to live in a dwelling is an example of a reasonable accommodation, supported by clinical research ; and,

in a way available to persons without a disability, and all owing up to eight disabled persons to live in a dwelling is an example of a reasonable accommodation, supported by clinical research ; and, WHEREAS, approving a reasonable accommodation involves an interactive process between the land use applicant and the municipal government that explores measures to remove housing barriers for persons with a disability and to allow them housing on an equal basis with persons without a disability ; and, WHEREAS, some municipalities with the definition of “family” as four unrelated persons require a reasonable accommodation application and hearing for all applications for a residential facility for persons with a disability of between five and eight persons per dwelling , causing significant time delay, staff resources, expert involvement, cost, and frustration, with the outcome of the hearing often , if not always , approving the accommodation for eight persons in a dwelling ; and , WHEREAS, other municipalities recognize that a residential facility for persons with a disability with eight persons in the dwelling is clinically shown to be effective and reasonable, and choose to codify a reasonable accommodation for facilities of u p to eight persons, bringing significant efficiencies and cost saving to the process of approving such facilities ; and, WHEREAS, the City Administration recommends that the TCC definition of “family” be amended to include up to eight unrelated disabled p ersons living in a dwelling, recommends that the definition of “facility for persons with a disability” include an eight persons per dwelling cap, and recommends that TCC Chapter 7 -15 be amended , all as shown in the attached Exhibit A ; and,

he definition of “facility for persons with a disability” include an eight persons per dwelling cap, and recommends that TCC Chapter 7 -15 be amended , all as shown in the attached Exhibit A ; and, WHEREAS, the City Council discussed this Ordinance and its Exhibit A during its public work meeting of November 16, 2022 (see meeting minutes attached as Exhibit B) ; and, WHEREAS, the Planning Commission convened a duly -noticed public hearing on December 14, 2022, re garding this ordinance and its Exhibit A, accepted public comment, and voted to forward its recommendation to the City Council (see meeting minutes attached as Exhibit C); and, WHEREAS, the City Council convened a public hearing on December 21 , 2023, regarding this ordinance and its Exhibit A : NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that TCC Section 7 -1-5 and Chapter 7 -15 are hereby amended as shown in Exhibit A.

This Ordinance shall take effect immediately upon passage, without further publication, by authority of the Tooele City Charter .

IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against) MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt , City Recorder

MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt , City Recorder Roger Evans Baker, City Attorney Exhibit A Amendments to: TCC Section 7 -1-5 and TCC Chapter 7 -15 Tooele City – Draft Ordinance Residential Facility for Disabled Persons 7-1-5. Definitions.

Family (1) An individual person.

(2) Two or more persons, related by blood, marriage, or adoption , including foster children, living together in a dwelling ; and, up to two other persons , hired for domestic help , residing in the dwelling.

(3) Up to four unrelated persons living together in a dwelling .

(4) A group of persons with a disability living in a residential facility for persons with a disability as pe rmitted by Chapter 7 -15 of this Title.

Residential Facility for Persons with a Disability - A dwelling in which no more than eight disabled persons reside and which is licensed or certified , as applicable, by: (1) the Utah Department of Human Services under Title 62A, Chapter 2, of the Utah Code, Licensure of Programs and Facilities; and, (2) the Utah Department of Health under Title 26, Chapter 21, of the Utah Code, Health Care Facility Licensing and Inspection Act.

7-15-1. Purpose.

The City intends this Chapter to be interpreted and applied in a manner that is consistent with the Utah Fair Housing Act (UCA Chapter 57-21), the Federal Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq. ), Title II of the Americans With Disabilities Act , and the Rehabilitation Act.

7-15-2. Scope.

If any dwelling meets the definition of a residential facility for disabled persons as

ion 3601 et seq. ), Title II of the Americans With Disabilities Act , and the Rehabilitation Act.

7-15-2. Scope.

If any dwelling meets the definition of a residential facility for disabled persons as defined in Section 7-1-5 of this Title, the requirements of this Chapter shall govern , notwithstanding any conflicting provision of this Title or this Code. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title , this Code , or other laws.

7-15-3. Permitted Uses.

(1) Notwithstanding any contra ry provision of this Title , a residential facility for persons with a disability shall be a permitted use in any zon ing district where a dwelling is allowed either as a permitted or conditional use, subject to the same development regulations as applied to dwellings .

(2) A residential facility for persons with a disability may not be allowed by variance, prior accommodation, legal noncon forming building, or legal nonconforming use.

(3) Each facility located in a single family zoning district (R1 -7 through RR -5) shall comply with the single -family design standards contained in Chapter 7 -11b of this Title.

(4) Each facility located in a multi -family zoning district (MR -20, MR -16, MR -12, and MR-8) shall comply with the multi -family design standards contained in Chapter 7 -11a of this Title.

(5) The minimum number of parking spaces required for a facility shall be as required in Chapter 7 -4 of this Title.

(6) No more than four persons may be housed in a single bedroom.

(7) A mini mum of 60 square -feet per resident shall be provided in a multiple occupant bedroom. A minimum of 100 square -feet per resident shall be provided in a single -occupant bedroom.

bedroom.

(7) A mini mum of 60 square -feet per resident shall be provided in a multiple occupant bedroom. A minimum of 100 square -feet per resident shall be provided in a single -occupant bedroom.

(8) Bathrooms shall have a minimum ratio of one toilet, one lavatory, and one t ub or shower to each six residents.

(9) The facility must be a structure type that is permitted in the zoning district in which the facility is proposed to be located.

7-15-4. Reasonable Accommodation.

(1) None of the requirements of this Chapter shall be interpreted to limit any reasonable accommodation to affor d a disabled person an equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, Title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal or State law requiring a reasonable accommodation for a disabled person.

(2) Any person or entity wanting a reasonable accommodation shall submit a written application to the Director of the Community Development Department, which shall include at least the follow ing: a. The address of the property to which the accommodation will be applied; b. The accommodation requested, including the regulations, polic ies, or procedure s from which an accommodation is sought; c. An explanation of why the accommodation is re asonable and necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling; and , d. All information necessary and sufficient for the findings required in subsection (4) of this Section .

(3) The Director shall evaluate all reasonable accommodation requests based on the criteria required of an applicant by subsection (4) of this Section .

(4) Within 30 days after receipt of a

ction .

(3) The Director shall evaluate all reasonable accommodation requests based on the criteria required of an applicant by subsection (4) of this Section .

(4) Within 30 days after receipt of a complete application, the Director shall issue a written decision on the requeste d reasonable accommodation. The Director may either grant, grant with modifications, or deny a request for reasonable accommodation under the following factors: a. Whether the dwelling , which is the subject of the request for reasonable accommodation, wi ll be used by a disabled person; b. Whether the requested accommodation is necessary to afford disabled persons equal opportunity to use and enjoy a dwelling when compared to similarly situated persons or groups without a disability; c. Whether the req uested accommodation would impose an undue financial or administrative burden on the City; d. Whether the requested accommodation would require a fundamental alteration in the nature of the City's planned land use, zoning , or building programs; e. Whet her the requested accommodation is reasonable under the circumstances ; f. Whether the request for accommodation would cause a dwelling to be made available to an individual whose tenancy is anticipated to cause a direct threat to the health or safety of other individuals or whose tenancy is anticipated to cause substantial physical damage to the property of others; and , g. Any other relevant considerations under Federal , State , or Tooele City laws.

(5) If the Director denies a reasonable accommodation request, or grants the request with modifications, the decision may be appealed by the accommodation applicant to the Administrative Hearing Officer in the manner provided for appeals of administrative decisions in Chapter 1-28 of

with modifications, the decision may be appealed by the accommodation applicant to the Administrative Hearing Officer in the manner provided for appeals of administrative decisions in Chapter 1-28 of this Code . The review of all such appeals, including any appeals from the Administrative Hearing Officer to the District Court, shall be based upon the record presented to the Director, and shall not be de novo.

(6) A reasonable accommodation shall not be deemed a variance and shall not run with the land.

(7) If the Director does not render a written decision on the request for reasonable accommodation within the 30 -day time period allotted by this Section , the reque st shall be deemed denied based upon the insufficiency of the applicant's information to satisfy the criteria of this Section .

(8) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(9) It is the applicant's burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in Federal and State law, including Feder al and State case law.

7-15-5. Accommodation Review.

(1) The purpose of the Director’s review is to assure that all reasonable accommodation requests comply with this Title , and that all decisions on reasonable accommodation requests are reviewed and handled in compliance with this Title , the Fair Housing Amendments Act of 1988, Title II of the Americans With Disabilities Act, the Utah Fair Housing Act, the Rehabilitation Act, and any other Federal , State , and Tooele City laws requiring a reasonable accom modation for a disabled person.

(2) The Director may consult with and

e Utah Fair Housing Act, the Rehabilitation Act, and any other Federal , State , and Tooele City laws requiring a reasonable accom modation for a disabled person.

(2) The Director may consult with and obtain the services of Tooele City personnel and outside professionals or technical experts to help evaluate any and all requests for accommodation .

7-15-6. State Certification or Licensure.

(1) Prior to the City issuing a certificate of occupancy for a facility, and prior to actual occupancy of a facility, the person or entity licensed or certified by the State of Utah to establish and operate the facility shall: (a) provide a c opy of the required State of Utah licenses and/or certificates for the facility and for any State -regulated programs provided at the facility; and, (b) certify by affidavit to the City that no person will reside or remain in the facility whose tenancy li kely would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.

(2) For purposes of this Chapter, State of Utah licenses and certificates for facilities and programs are app licant -specific, facility specific, and program -specific, and shall not be transferrable to any other owner, operator, facility, or program.

7-15-7. Revocation of Occupancy Permit.

The City may revoke the occupancy permit of any facility upon the occurre nce of any of the following: (1) the facility is devoted primarily to a use other than a residential facility for persons with a disability; (2) any license or certificate required and issued by the State of Utah for the facility or a program provided at the facility terminates for any reason (including expiration, revocation, suspension for five years or more, denial of renewal);

issued by the State of Utah for the facility or a program provided at the facility terminates for any reason (including expiration, revocation, suspension for five years or more, denial of renewal); (3) the facility fails to comply with all of the requirements of this Chapter; or, (4) the facility allows a person to resid e or remain in the facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others.

7-15-8. Violations.

(1) The following shall constitute a violation of this Chapter: (a) continued occupation of a facility upon the revocation of the occupancy permit; (b) continued occupation of a facility upon the termination of the State of Utah license or certificate for the facility; (c) continued providing of a program upon the termination of the State of Utah license or certificate for that program; (d) noncompliance with any provision of Title 4 or Title 7 of this Code applicable to the facility; (e) allowing a person to reside or remain in t he facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others; and, (f) allowing the facility to be devoted to a use other than a reside ntial facility for persons with a disability.

(2) Any violation of this Chapter is a class B misdemeanor.

(Draft Date : November 3, 2022) Exhibit B November 16, 2022, City Council Meeting Minutes Page | 1 Recorder’s Office Tooele City Council and the Tooele City Redevelopment Agency Work Meeting Minutes Date: Wednesday, November 16, 202 2 Time: 5:30 p.m.

Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele, Utah

uncil and the Tooele City Redevelopment Agency Work Meeting Minutes Date: Wednesday, November 16, 202 2 Time: 5:30 p.m.

Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele, Utah City Council Members Present: Justin Brady Maresa Manzione Ed Hansen Tony Graf City Council Members Excused : David McCall City Employees Present: Mayor Debbie Winn Jim Bolser, Community Development Director Adrian Day, Police Department Chief Roger Baker, City Attorney Shannon Wimmer, Finance D irector Darwin Cook, Parks and Recreation Director Michelle Pitt, City Recorder Holly Potter, Deputy City Recorder Jami Grandpre, Public Works Director Jared Stewart, Economic Development Director Minutes prepared by Katherin Yei 1. Open City Council Me eting Chair man Brady called the meeting to order at 5:30 p.m.

2. Roll Call Justin Brady, Present Maresa Manzione, Present Tony Graf, Present Ed Hansen, Present David McCall, Excused 3. Mayor’s Report Mayor Winn reported on the following: City hall is in need of carpet replacement and additional cubicles for new staff positions.

Requesting funds from the 41 Fund Auto and Truck line item.

Page | 2 Recorder’s Office The Council is in support of the additions.

4. Council Member’s Report The Council Members reported on the even ts they attended during the week.

5. Discussion Items A. Boys & Girls Clubs Remodel Request Presented by Debbie Winn, Mayor Mayor Winn presented the Boys and Girls Club remodel request. Their building does need a fire suppression system with a cost of $50,000. The have asked the City to help with some additional funds. There are some funds from the City ARPA funds to help fund the project. They are also requesting $6,870 for the building permit fees.

The Council is in support of the requests.

some additional funds. There are some funds from the City ARPA funds to help fund the project. They are also requesting $6,870 for the building permit fees.

The Council is in support of the requests.

B. Ordi nance 2022 -40 an Ordinance of the Tooele City Council Amending Tooele City Code Section 7 -1-5 and Chapter 7 -15 Regarding Fair Housing and Residential Facilities for Persons with a Disability Presented by Roger Baker, City Attorney Mr. Baker presented an o rdinance on amending Tooele City code section 7 -1-5 and chapter 7 -15.

The number of people that can live in one home is defined in the City code. A family is defined as an individual, two or more people related by blood or marriage, or four unrelated peopl e. The Americans with Disabilities Act does state that they have the right to housing on an equal basis with non -disabled people, and the government may have to allow a reasonable accommodation.

The science has shown for a group of disabled people to provi de for each other, the clinically effective level of support is about eight people. For homes like this, they have asked the City for special accommodations allowing more than four unrelated disabled people to live together as a family. If there is a need and it is demonstrated, the City can allow it. Ordinance 2022 -40 is to amend the definition of the word family and add up to eight disabled unrelated persons. The staff is also recommending amendments to the chapter to supplement and fill in gaps in the or dinance.

The Council asked the following questions: Even with the addition of eight people, they will still have to apply for a permit?

Would they be required to have ADA access?

Would the definition be changed throughout the entire Ordinance or is this specific to title 7?

of eight people, they will still have to apply for a permit?

Would they be required to have ADA access?

Would the definition be changed throughout the entire Ordinance or is this specific to title 7?

Are the State certifications or license only needed for homes over 8 people?

Is the plan to bring this to a business meeting?

Mr. Baker addressed the Council’s questions. The disabled persons would have to follow the same opportuniti es and guidelines everyone else has. The building does incorporate a number of ADA standards. If the disabled family builds a new house, they would have to follow the Page | 3 Recorder’s Office building codes. Title 7 addresses use; title 4 addresses building standards. A family tha t has a disabled child is not regulated as a group home, but just as a family. Those group homes are regulated by the State and require licensure and certifications. State law does require this land use ordinance amendment to go through Planning Commission and a public hearing. Then the Council will hear it, have its own public hearing, and vote on the item.

C. Gardner Batt Water Rights Fee -in-Lieu Request Presented by Jared Stewart, Economic Development Director Mr. Stewart presented a request from Gard ner Batt for the property located on 1000 North. They are requesting 14.22 acre/feet of water fee-in-lieu for the first phase of the development. They do not have a user for the building yet, but are confident they will fill the building quickly. The reque st would create a cap of 14.22 acre/feet. The would pay the fee when the building permits are issued. These applications bring up a question of how the Council would like to approve these requests in the future.

Mayor Winn addressed the Council. There ar e many unknown variables when these applications

hese applications bring up a question of how the Council would like to approve these requests in the future.

Mayor Winn addressed the Council. There ar e many unknown variables when these applications come forward. There was a policy for tax increment the City used for incoming businesses. If the business brings in a certain amount of capital investment, there can be fee -in-lieu for a certain amount of ac re/feet. The City would like to see trees and landscapes in the parks and public areas instead of industrial areas where they won’t be taken care of.

The Council discussed the following: These requests are a chicken and egg situation. They would like to see the fee -in-lieu by resolution. The Council would like to see a schedule or policy for fee -in-lieu. The City should also look at minimizing landscape and irrigation within industrial areas.

Mr. Stewart addressed the Council. As the staff has reviewed the application, the amount listed for irrigation is high in this application. They will bring this item back as a resolution.

D. Pratt Aquatic Center Fees Presented by Darwin Cook, Parks & Recreation Director Mr. Cook presented updated fees for the Pra tt Aquatic center regarding the non -resident fees .

E. Drysdale Parking Presented by Justin Brady, City Council Chair Chairman Brady presented the Council’s ability to add parking restrictions within the City. The concern came about because of the parkin g on the road on Drysdale creating a safety hazard and a one lane road.

Mayor Winn shared concern of safety and fire trucks getting in and out of the neighborhood.

Page | 4 Recorder’s Office The Council shared their support of painting one -side of the road due to safety in the neighborhood.

ncern of safety and fire trucks getting in and out of the neighborhood.

Page | 4 Recorder’s Office The Council shared their support of painting one -side of the road due to safety in the neighborhood.

Mr. Baker addressed the Council in regards to an administrative act. The Council would need to review the transportation master plan. It can look at the policy question of painting the curb red.

It then becomes the decision of the Mayor to m ove forward in painting the curb red.

F. Ordinance 2020 -26 an Ordinance of Tooele City Amending Section 4 -8-2.1 of the Tooele City Code Relating to In -Fill area Street Requirements Presented by Jim Bolser, Community Development Director Mr. Bolser prese nted a discussion for the in -fill area street requirements. The streets that are affected are 150 West, 50 West, and Garden Street. These are local class roads, but the roads are below standards. There are substantial upgrades and improvements to be made i f they were to become local class roads. The intent of the in -fill overlay is to have intentional lower standards to encourage development. It does not address the right -of-way standards. There is an ordinance that identifies intermediate class roads and s econdary class roads. Two separate standards were created. The intermediate class roads are identified to require a 30 -foot asphalt width, and curb and gutter on both sides. The secondary class roads identify the road under 26 -feet, a right -ofway has to b e dedicated and provide 26 feet of asphalt. In 2020, the Council adopted Ordinance 2022 -26, updating the standards for secondary class roads to remove the asphalt requirement and only require the right -of-way dedication. There are a few options moving forw ard. If the Council

ance 2022 -26, updating the standards for secondary class roads to remove the asphalt requirement and only require the right -of-way dedication. There are a few options moving forw ard. If the Council likes how it is currently being done, there needs to be no further action. The staff can add some of the requirements back in, rewritten, to make sense for the current roads.

The Council would like to see something happen with this it em. If possible, would like to see a difference between the multi -family developments and a single -family home requirement for this area.

Mr. Bolser addressed the Council. A new development does add a safety issue for every person added to the neighborh ood. A new development with improvement requirements does need to make improvements to their half of the road, but on a small road like these it could also require improvements to the far side of the road. Part of the discussion is figure out if they can d ivide it from one person versus a development.

Mayor Winn addressed the Council. As a starting point, let’s identify the difficult areas. The City needs access and asphalt for safety reasons.

6. Closed Meeting - Litigation, Property Acquisition, and/or Personnel There is no closed meeting.

7. Adjourn Chair man Brady adjourned the meeting at 6:55 p.m.

Page | 5 Recorder’s Office The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of wh at occurred at the meeting.

Justin Brady , City Council Chair Exhibit C December 14 , 2022, Planning Commission Meeting Minutes TOOELE CITY CORPORATION ORDINANCE 2022 - 46

Justin Brady , City Council Chair Exhibit C December 14 , 2022, Planning Commission Meeting Minutes TOOELE CITY CORPORATION ORDINANCE 2022 - 46 AN ORDINANCE OF TOOELE CITY REASSIGNING THE ZONING FOR APPROXIMATELY 2 ACRES OF PROPERTY LOCATED AT THE NORTH EAST CORNER OF THE INTERSECTION OF FRANKS DRIVE AND 1000 NORTH FROM MR-16 MULTI -FAMILY RESIDENTIAL TO RC REGIONAL COMMERCIAL .

WHEREAS, Utah Code §10- 9a-401, et seq. , requires and provides for the adoption of a “comprehensive, long -range plan” (hereinafter the “General Plan”) by each Utah city and town, which General Plan contemplates and provides direc tion for (a) “present and future needs of the community” and (b) “growth and development of all or any part of the land within the municipality”; and, WHEREAS, the Tooele City General Plan includes various elements, including water, sewer, transportation , and land use. The Tooele City Council adopted the Land Use Element of the Tooele City General Plan, after duly -noticed public hearings, by Ordinance 2020- 47, on December 16, 2020, by a vote of 5- 0; and, WHEREAS, the Land Use Element (hereinafter the “ Land Use Plan”) of the General Plan establishes Tooele City’s general land use policies, which have been adopted by Ordinance 2020- 47 as a Tooele City ordinance, and which set forth appropriate Use Designations for land in Tooele City (e.g., residential, c ommercial, industrial , open space); and, WHEREAS, the Land Use Plan reflects the findings of Tooele City’s elected officials regarding the appropriate range, placement, and configuration of land uses within the City, which findings are based in part upon the recommendations of land use

ngs of Tooele City’s elected officials regarding the appropriate range, placement, and configuration of land uses within the City, which findings are based in part upon the recommendations of land use and planning professionals, Planning Commission recommendations, public comment, and other relevant considerations; and, WHEREAS, Utah Code §10- 9a-501, et seq. , provides for the enactment of “land use [i.e., zoning ] ordin ances and a zoning map” that constitute a portion of the City’s regulations (hereinafter “Zoning”) for land use and development, establishing order and standards under which land may be developed in Tooele City; and, WHEREAS, a fundamental purpose of the Land Use Plan is to guide and inform the recommendations of the Planning Commission and the decisions of the City Council about the Zoning designations assigned to land within the City (e.g., R1- 10 residential, neighborhood commercial (NC), light industri al (LI)); and, WHEREAS, the City received an Amendment Petition for a Zoning Map amendment for 2 acres of property located at the north east corner of the intersection of Franks Drive and 1000 North on October 26, 2022, requesting that the Subject Propert y be reassigned from the MR-16 Multi -Family Residential zone to the RC Regional Commercial zone (see Amendment Petition and map attached as Exhibit A , and Staff Report attached as Exhibit B ); and, WHEREAS, the Subject Properties are owned by Ledge r Cove, LLC, and are currently designated as Regional Commercial in the Land Use Element of the General Plan; and, WHEREAS, the Regional Commercial land use designation includes the RC Regional Commercial and the RD Research and Development commercial zoning dist ricts; and, WHEREAS, on December 14, 2022, the Planning Commission convened a duly

land use designation includes the RC Regional Commercial and the RD Research and Development commercial zoning dist ricts; and, WHEREAS, on December 14, 2022, the Planning Commission convened a duly noticed public hearing, accepted written and verbal comment, and voted to forward its recommendation to the City Council (see Planning Commission minutes attached as Exhib it C); and, WHEREAS, on December 21, 2022 , the City Council convened a duly -noticed public hearing: NOW, THEREFORE, BE IT ORDAINED BY THE TOOELE CITY COUNCIL that: 1. this Ord inance and the Zoning Map amendment proposed therein is in the best interest of the City in that it will create additional opportunities for employment of City residents and provide an expansion to the City’s commercial tax base; and, 2. the Zoning M ap is hereby amended reassigning the zoning to RC Regional Commercial for approximately 2 acres of property located at the north east corner of the intersection of Franks Drive and 1000 North , according to the map attached as Exhibit A and staff report attached as Exhibit B.

This Ordinance is necessary for the immediat e preservation of the peace, health, safety, or welfare of Tooele City and shall become effective immediately upon passage, without further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Ordinance is passed by the Tooele C ity Council TOOELE CITY COUNCIL (For) (Against)

MAYOR OF TOOELE CITY (Approved) (Disapprov ed) ATTEST: Michelle Pitt , City Recorder Roger Baker, Tooele City Attorney Exhibit A Petition and Mapping Pertinent to Zoning Map Amendment Exhibit B Staff Report Holiday Oil App. # P22-1238 Zoning Map Amendment Request 1 Community Development Department STAFF REPORT December 1, 2022 To: Tooele City Planning Commission Business Date: December 14, 2022 From: Planning Division Community Development Department Prepared By: Andrew Aagard, City Planner / Zoning Administrator Re: Holiday Oil – Zoning Map Amendment Request Application No.: P22-1238 Applicant: Brent Neel , representing Wagstaff Investments, LLC Project Location: 1000 North Franks Drive (NE Corner) Zoning: MR-16 Multi- Family Residential Zone Acreage: 2 Acres (Approximately 87,120 ft2) Request: Request for approval of a Zoning Map Amendment in the MR-16 Multi Family Residential zone regarding re -assigning the zoning of the property from MR -16 Multi -Family Residential to RC Regional Commercial .

BACKGROUND This application is a request for approval of a Zoning Map Amendment for approximately 2 acres located at the north east corner of the intersection of 1000 North and Franks Drive . The property is currently zoned MR -16 Multi -Family Residential. The applicant is requesting that a Zoning Map Amendment be

north east corner of the intersection of 1000 North and Franks Drive . The property is currently zoned MR -16 Multi -Family Residential. The applicant is requesting that a Zoning Map Amendment be approved to re-assign the zoning of the 2 acre property to RC Regional Commercial in order to facilitate the construction of a convenience store with gasoline services.

ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan was recently amended by the Tooele City Council and calls for the Regional Commercial land use designation for the subject property. The property has been assigned the MR -16 Multi -Family Residential zoning classific ation, supporting approximately sixteen dwelling units per acre. The MR-16 Multi -Family Residential zoning designation is not identified by the General Plan as a preferred zoning classification for the Regional Commercial land use designation. Properties located to the north of the subject pr operty are zoned NC Neighborhood Commercial and MR -16 Multi -Family Residential. Properties to the east are zoned MR -16. Properties to the west are zoned NC Neighborhood Commercial. Property to the south is zoned GC General Commercial. All surrounding property is undeveloped land. Mapping pertinent to the subject request can be found in Exhibit “A” to this report.

Tooele City recently amended its Land Use Map in regards to the 2 acre subject property. The Land Use Map now designates the property to be Regional Commercial. The Regional Commercial Land Use designation emphasizes or recommends two commercial zones. The RD Research and Development zone and the RC Regional Commercial zone. The RC zoning district is a zone that involves commercial uses

se designation emphasizes or recommends two commercial zones. The RD Research and Development zone and the RC Regional Commercial zone. The RC zoning district is a zone that involves commercial uses that are more regional in scale instead of local u ses, meaning, those that utilize the services provided come from the region at large, and not just the neighborhoods nearby. The City’s ordinance defines the RC zone as: “ The Regional Commercial District i s established to provide for large scale commercial and other uses that have a regional influence and that may be areas of high traffic generation, because of the Holiday Oil App. # P22-1238 Zoning Map Amendment Request 2 nature of the use, the diversity of uses, or the size of the activity. The Regional Commercia l (RC) District is designed to provide areas for intensive retail commercial uses, such as retail shopping centers, large retail outlets, large office buildings, entertainment uses, public uses and quasi -public uses and related activities. This District sh all be located so as to be able to provide the services and infrastructure available to meet the demands of intensive commercial uses. This District will be located in proximity to major roads and transportation corridors to facilitate access by the privat e automobile and public transportation. This District encourages creative site planning and design for activities and uses that will provide commercial and other services to residents of the Tooele Valley and adjoining areas. All buildings and structures w ithin this District will be attractively designed and incorporate a design theme through architectural design elements. These areas should also provide amenities for the use of city

s and structures w ithin this District will be attractively designed and incorporate a design theme through architectural design elements. These areas should also provide amenities for the use of city residents and patrons including open space and trail features, mass transi t terminals and other amenities.”

Convenience stores and gasoline stations are permitted in the Regional Commercial zone but do require a Conditional Use Permit. Residential uses are not readily permitted in the RC zoning district other than care taker u nits for uses such as hotels and motels. The selected area, does meet the location and traffic requirements as described in the zoning purpose description above.

The MR -16 zoning district is t he complete opposite of the RC Regional C ommercial zoning district in that it is a residential zone that is specific to multi- family residential uses. The MR -16 zone permits the construction of town houses, apartments, condominiums and other multi -family residential arrangements.

Commercial uses are not permitted in the MR -16 zoning district.

As development occurs in this area the traffic on 1000 North continues to grow in volume. The intersection of Franks Drive and 1000 North is also growing in volume and use. 1000 North is a state highway and is managed under the purview of the Utah Department of Transportation. The State is currently in process w rapping up a design for a traffic signal for this intersection. Timing of construction of the traffic signal at this intersection has not been disclosed and is at UDOT ’s discretion .

There is a gateway overlay that runs along the north and south sides of 1000 North. This gateway overlay pertains mostly to site planning in that it emphasizes building architecture, street scape appeal, increased

eway overlay that runs along the north and south sides of 1000 North. This gateway overlay pertains mostly to site planning in that it emphasizes building architecture, street scape appeal, increased landscaping and so forth to make the gateway entrance into the City more visually appealing. The gateway overlay is not relevant to zoning map amend ments.

Subdivision Layout . The 2 acre parcel being considered for rezoning does not currently exist. The map that is provided is a survey document provided by the applicant but the property has not been subdivided from the larger overall property. Th e zoning map will be revised to reflect the appropriately subdivided parcel once subdivision of the property has occurred.

Criteria For Approval . The criteria for review and potential approval of a Zoning Map Amendment request is found in Section 7-1A-7 of the Tooele City Code . This section depicts the standard of review for such requests as: (1) No amendment to the Zoning Ordinance or Zoning Districts Map may be recommended by the Planning Commission or approved by the City Council unless such amendment or conditions thereto are consistent with the General Plan. In considering a Zoning Ordinance or Zoning Districts Map amendment, the applicant shall identify, and the City Staff, Planning Commission, and City Council may consider, the following factors, among others: (a) The effect of the proposed amendment on the character of the surrounding area.

Holiday Oil App. # P22-1238 Zoning Map Amendment Request 3 (b) Consistency with the goals and policies of the General Plan and the General Plan Land Use Map.

(c) Consistency and compatibility with the General Plan Land Use Map for adjoining and nearby properties.

Consistency with the goals and policies of the General Plan and the General Plan Land Use Map.

(c) Consistency and compatibility with the General Plan Land Use Map for adjoining and nearby properties.

(d) The suitability of the properties for the uses proposed viz. a. viz. the suitability of the properties for the uses identified by the General Plan.

(e) Whether a change in the uses allowed for the affected properties will unduly affect the uses or proposed uses for adjoining and nearby properties.

(f) The overall community benefit of the proposed amendment.

REVIEWS Planning Division Review . The Tooele City Planning Division has completed their review of the Zoning Map Amendment submission and has issued the following comments: 1. The RC Regional Com mercial zoning district does comply with the Regional Commercial land use designation of the Tooele City Land Use Map.

Engineering and Public Works Division Review . The Tooele City Engineering and Public Works Divisions do not typically review Zoning Map amendments and therefore have not issued any comments regarding this application.

Tooele City Fire Department Review . The Tooele City Fire Department do not typically review Zoning Map amendments and therefore have not issued any comments regarding t his application.

Noticing . The applicant has expressed their desire to rezone the subject property and do so in a manner which is compliant with the City Code. As such, notice has been properly issued in the manner outlined in the City and State Codes.

STAFF RECOMMENDATION Staff recommends the Planning Commission carefully weigh this request for a Land Use Map Amendment according to the appropriate tenets of the Utah State Code and the Tooele City Code,

RECOMMENDATION Staff recommends the Planning Commission carefully weigh this request for a Land Use Map Amendment according to the appropriate tenets of the Utah State Code and the Tooele City Code, particularly Section 7 -1A-7(1) and render a decision in the best interest of the community with any conditions deemed appropriate and based on specific findings to addres s the necessary criteria for making such decisions.

Potential topics for findings that the Commission should consider in rendering a decision: 1. The effect of the proposed application on the character of the surrounding area .

2. The degree to which the propos ed application is consistent with the intent, goals, and objectives of any applicable master plan.

3. The degree to which the proposed application is consistent with the intent, goals, and objectives of the Tooele City General Plan.

4. The degree to which the pr oposed application is consistent with the requirements and provisions of the Tooele City Code.

5. The suitability of the properties for the uses proposed.

6. The degree to which the proposed application will or will not be deleterious to the health, safety, and general welfare of the general public or the residents of adjacent properties.

7. The degree to which the proposed application conforms to the general aesthetic and physical development of the area.

Holiday Oil App. # P22-1238 Zoning Map Amendment Request 4 8. Whether a change in the uses allowed for the affected prope rties will unduly affect the uses or proposed uses for adjoining and nearby properties .

9. The overall community benefit of the proposed amendment .

10. Whether or not public services in the area are adequate to support the subject development.

uses for adjoining and nearby properties .

9. The overall community benefit of the proposed amendment .

10. Whether or not public services in the area are adequate to support the subject development.

11. Other findings the Commission deems appropriate to base their decision upon for the proposed application.

MODEL MOTIONS Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the City Council for the Holiday Oil Zoning Map Amendment Request by Brent Neel , representing Wagstaff Investments, LLC , reassigning 2 acres located at 1000 North Franks Drive to the RC Regional Commercial zoning district , application number P22 -1238, based on the findings and subject to the conditions listed in the Staff Report dated December 1, 2022:” 1. List any additional findings and conditions… Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the City Council for the Holiday Oil Zoning Map Amendment Request by Brent Neel , representing Wagstaff Investments, LLC reassigning 2 acres located at 1000 North Franks Drive to the RC Regional Commercial zoning district, application number P22 -1238, based on the following findings:” 1. List findings… EXHIBIT A MAPPING PERTINENT TO THE HOLIDAY OIL ZONING MAP AMENDMENT EXHIBIT B APPLICANT SUBMITTED INFORMATION Exhibit C Planning Commission Minutes Oristruts Subdivision App. # P22-825 Subdivision Plat Amendment Request 1 Community Development Department STAFF REPORT December 1, 2022 To: Tooele City Planning Commission Business Date: December 14, 2022 From: Planning Division Community Development Department Prepared By: Andrew Aagard, City Planner / Zoning Administrator Re: Oristruts Subdivision – Subdivision Plat Amendment Request

mber 14, 2022 From: Planning Division Community Development Department Prepared By: Andrew Aagard, City Planner / Zoning Administrator Re: Oristruts Subdivision – Subdivision Plat Amendment Request Application No.: P22-825 Applicant: Austin Andersen , representing Cook Builders Project Location: Approximately 600 East 2400 North Zoning: GC General Commercial Zone Acreage: 4.5 Acres (Approximately 196,020 ft2) Request: Request for approval of a Subdivision Plat Amendment in the GC General Commercial zone regarding the consolidation of three lots into one .

BACKGROUND This application is a request for approval of a Subdivision Plat Amendment for approximately 4.5 acres located at approximately 600 East 2400 North. The property is currently zoned GC General Commercial .

The applicant is requesting that a Subdivision Plat Amendment be approved to permit the consolidation of three commercial lots into one.

ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the Community Commercial land use designation for the subject property. The property has been assigned the GC General Commercial zoning classification . The GC General Commercial zoning designation is identif ied by the General Plan as a preferred zoning classification for the Community Commercial land use designation.

Properties to the north of the subject property are zoned RD Research and Development. Properties to the west are zoned GC General Commercial. Properties to the east and to the south are zoned LI Light Industrial. Mapping pertinent to the subject request can be found in Exhibit “A” to this report.

Subdivision Layout . The proposed subdivision plat amendment will vacate and amend lots 2, 3 and 4 of

Industrial. Mapping pertinent to the subject request can be found in Exhibit “A” to this report.

Subdivision Layout . The proposed subdivision plat amendment will vacate and amend lots 2, 3 and 4 of the existing Oristruts Subdivision Amended P lat and reconfigure the three lots into one 4.5 acre parcel totaling 196,020 square feet. The new lot configuration easily exceeds all ordinance requirements for lot size and lot width. The subdivision am endment will not result in any new dedication of public rights of way.

It should be noted that the plat amendment is being conducted in behalf of the Ford Performance Racing School. The size of the building would have resulted in the construction of a building over existing property lines which is not permitted. Therefore the plat amendment will remove the lots lines and enable the school to construct the large building. Frontage improvements such as sidewalk and park strip will be constructe d by the racing school as their site develops.

Oristruts Subdivision App. # P22-825 Subdivision Plat Amendment Request 2 Criteria For Approval . The criteria for review and potential approval of a Subdivision Plat Amendment request is found in Section 7-19-35 of the Tooele City Code and follows the same process as a prelimina ry subdivision plan .

REVIEWS Planning Division Review . The Tooele City Planning Division has completed their review of the Subdivision Plat Amendment submission and has issued a recommendation for approval for the request.

Engineering & Public Works Review . The Tooele City Engineering and Public Works Divisions have completed their reviews of the Subdivision Plat Amendment submission and have issued a recommendation for approval for the request .

ew . The Tooele City Engineering and Public Works Divisions have completed their reviews of the Subdivision Plat Amendment submission and have issued a recommendation for approval for the request .

Tooele City Fire Department Review . The Tooele City Fire Department has completed their review of the Subdivision Plat Amendment submission and has issued a recommendation for approval for the request .

STAFF RECOMMENDATION Staff recommends approval of the request for a Subdivision Plat Amendment by Austin Andersen , representing Cook Builders , application number P22 -825, subject to the following conditions: 1. That all requirements of the Tooele City Engineering and Public Works Divisions shall be satisfied throughout the development of the site and the construction of all buildings on the site, including permitting.

2. That all requirements of the Tooele City Building Division shall be satisfied throughout the development of the site and the construction of all buildings on the site, including permitting.

3. That all requirements of the Tooele City Fire Department shall be satisfied throughout the development of the site and the construction of all buildings on the site.

4. That all requirements of the geotechnical report shall be satisfied throughout the development of the site and the construction of all buildings on the site.

This recommendation is based on the following findings: 1. The proposed development plans meet the intent, goals, and objectives of the Tooele City General Plan.

2. The proposed development pl ans meet the requirements and provisions of the Tooele City Code.

3. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties.

provisions of the Tooele City Code.

3. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties.

4. The proposed development conforms to the general aesthetic and physical development of the area.

5. The public services in the area are adequate to support the subject development.

6. The reconfigured subdivision meets or exceeds all requirements of the GC General Commercial zone regarding lot size and lot width.

Oristruts Subdivision App. # P22-825 Subdivision Plat Amendment Request 3 MODEL MOTIONS Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the City Council for the Oristruts Subdivision Plat Amendment 2 request by Austin Andersen, representing Cook Builders thus vacating and amending lots 2, 3 and 4 of the existing Oristruts Subdivision Amended Plat, application number P22 -825, based on the findings and subject to the conditions listed in the Staff Report dated December 1, 2022:” 1. List any additional findings and conditions… Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the City Council for the Oristruts Subdivision Plat Amendment 2 request by Austin Andersen, representing Cook Builders thus vacating and amending lots 2, 3 and 4 of the existing Oristruts Subdivision Amended Plat, application number P22 -825,, based on the following findings:” 1. List additional findings… EXHIBIT A MAPPING PERTINENT TO THE ORISTRUTS SUBDIVISIO N SUBDIVISION PLAT AMENDMENT EXHIBIT B PROPOSED DEVELOPMENT PLANS & APPLICANT SUBMITTED INFORMATION D ECOMMCOMMWMSS WM HYDWV WVWVWV HYDss ss ss ss ss ss ss ss ss ss sssd sd sd sd sd sd sd sd sd sd sd

ENDMENT EXHIBIT B PROPOSED DEVELOPMENT PLANS & APPLICANT SUBMITTED INFORMATION D ECOMMCOMMWMSS WM HYDWV WVWVWV HYDss ss ss ss ss ss ss ss ss ss sssd sd sd sd sd sd sd sd sd sd sd NELSON AND SONS, INC ENTRY #058692 BOOK 357 PAGES 772-778DOLA M ENTERPRISES INC ENTRY #349916 10.0' PU&DE (TYP)42.00' N 58°42'14" W 60.00'NORTH60.00'SOUTH60.00'EAST60.00'WEST60.00'N 0°19'25" W 17.69'NORTH17.69'SOUTH17.69'EAST17.69'WEST17.69' S 58°04'30" W 60.00'NORTH60.00'SOUTH60.00'EAST60.00'WEST60.00'63.87' 63.88'42.00'813.62' (MON TO MON)S 0°00'00" E 300.35'NORTH 300.35'SOUTH 300.35'EAST 300.35'WEST 300.35' 442.74' (MON TO MON)LOT 201 196,020 sq.ft.

4.50 acres5.0' PU&DE (TYP)10.0' PU&DE (TYP)N 89°41'03" E 652.66' NORTH 652.66'SOUTH 652.66'EAST 652.66'WEST 652.66' S 89°41'08" W 652.66'NORTH 652.66'SOUTH 652.66'EAST 652.66'WEST 652.66'N 0°00'00" E 300.34' NORTH 300.34'SOUTH 300.34'EAST 300.34'WEST 300.34' (SEC MON TO SEC MON) NORTH 2640.99'SOUTH 2640.99'EAST 2640.99'WEST 2640.99'NORTH42.00'SOUTH42.00'EAST42.00'WEST42.00'NORTH 327.19'SOUTH 327.19'EAST 327.19'WEST 327.19'5.0' PU&DE (TYP) 2400 NORTH STREET (ROADWAY DEDICATION PLAT) (ENTRY #365928)(2) EXIST.

STREET MONUMENTSPOINT OF BEGINNING FOUND BAR AND CAPFOUND BAR AND CAPFOUND BAR AND CAPFOUND BAR AND CAP FOUND RIVETFOUND RIVETFOUND RIVETFOUND BAR AND CAP42.0'42.0'ORISTRUTS SUBDIVISION AMENDED ENTRY #551227 ORISTRUTS SUBDIVISION AMENDED ENTRY #551227 LOT 1LOT 5 11.0' 10.9' 10.8'4695 4700 4705 47104696 4697 4698 4699 4701 4702 4703 4704 4706 4707 4708 4709BOUNDARY DESCRIPTION

IVISION AMENDED ENTRY #551227 ORISTRUTS SUBDIVISION AMENDED ENTRY #551227 LOT 1LOT 5 11.0' 10.9' 10.8'4695 4700 4705 47104696 4697 4698 4699 4701 4702 4703 4704 4706 4707 4708 4709BOUNDARY DESCRIPTION A parcel of land, situate in the South half of the Northwest Quarter of Section 10, Township 3 South, Range 4 West, Salt Lake Base and Meridian, said parcel also located in Tooele, Utah, more particularly described as follows: All of Lots 2, 3, and 4, Oristruts Subdivision Amended as recorded and on file in the Tooele County Recorder's Office as Entry #551227, more particularly describes as follows: Beginning at a point on the north line of 2400 North Street, said point being North 0°25'28” West 42.00 feet along the Quarter Section line and South 89°41'08” West 327.19 feet along the said north line of 2400 North Street from the found monument representing the Center of Section 10, Township 3 South, Range 4 West, Salt Lake Base and Meridian, and running: thence South 89°41'08" West 652.66 feet along the said north line of 2400 North Street; thence North 300.34 feet; thence North 89°41'03" East 652.66 feet; thence South 300.35 feet to the said north line of 2400 North Street and to the Point of Beginning.

Parcel contains 196,020 square feet or 4.50 acres, 1 parcel.

Date Douglas J. Kinsman License no. 3345742400 NORTH PINE CANYON ROADSTATE ROAD 36 MAIN STREET 1000 NORTH400 WEST2000 NORTHBERRA BLVD.

AARON DRIVE BERRA BLVD.

200 WEST 690 EASTBROADWAY AVENUE 520 EAST1370 NORTHSITE 36 VICINITY MAP NOT TO SCALE PROFESSIONAL LAND SURVEYOR HATU FO ETATSDOUGLAS J KINSMANNo. 334575 HORIZONTAL GRAPHIC SCALE 0 ( IN FEET ) HORZ: 1 inch = ft. 4040 20 40 80LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3

EYOR HATU FO ETATSDOUGLAS J KINSMANNo. 334575 HORIZONTAL GRAPHIC SCALE 0 ( IN FEET ) HORZ: 1 inch = ft. 4040 20 40 80LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN, TOOELE CITY, TOOELE COUNTY, UTAHCALL BLUESTAKES @ 811 AT LEAST 48 HOURS PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION.Know what's below.

before you dig.CallR FORD PERFORMANCE RACING SCHOOL SUBDIVISION PROJECT NUMBER : DRAWN BY : CHECKED BY :MANAGER : DATE :SHEET T1200J1 OF 1 D. KINSMAN T. HUSSEY D. KINSMAN 2021-04-07FEE$ TOOELE COUNTY RECORDERSTATE OF UTAH, COUNTY OF TOOELE, RECORDED AND FILED AT THE DATE: TIME: BOOK: PAGE:RECORDED # REQUEST OF :TOOELE COUNTY RECORDERSURVEYOR'S CERTIFICATE TOOELE 169 North Main Street Unit 1 Tooele, Utah 84074 Phone: 435.843.3590 Fax: 435.578.0108 WWW.ENSIGNENG.COMSALT LAKE CITY Phone: 801.255.0529 LAYTON Phone: 801.547.1100 CEDAR CITY Phone: 435.865.1453 RICHFIELD Phone: 435.896.2983E N S I G NLOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN, TOOELE CITY, TOOELE COUNTY, UTAH(VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED)PRELIMINARY PLAT (VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED) 1.PURSUANT TO UTAH CODE ANN. § 54-3-27 THIS PLAT CONVEYS TO THE OWNER(S) OR OPERATORS OF UTILITY FACILITIES A PUBLIC UTILITY EASEMENT ALONG WITH ALL THE RIGHTS AND DUTIES DESCRIBED THEREIN.

2.PURSUANT TO UTAH CODE ANN. § 17-27A-603(4)(C)(II) ROCKY MOUNTAIN POWER ACCEPTS DELIVERY OF THE PUE

TILITY FACILITIES A PUBLIC UTILITY EASEMENT ALONG WITH ALL THE RIGHTS AND DUTIES DESCRIBED THEREIN.

2.PURSUANT TO UTAH CODE ANN. § 17-27A-603(4)(C)(II) ROCKY MOUNTAIN POWER ACCEPTS DELIVERY OF THE PUE AS DESCRIBED IN THIS PLAT AND APPROVES THIS PLAT SOLELY FOR THE PURPOSE OF CONFIRMING THAT THE PLAT CONTAINS PUBLIC UTILITY EASEMENTS AND APPROXIMATES THE LOCATION OF THE PUBLIC UTILITY EASEMENTS, BUT DOES NOT WARRANT THEIR PRECISE LOCATION. ROCKY MOUNTAIN POWER MAY REQUIRE OTHER EASEMENTS IN ORDER TO SERVE THIS DEVELOPMENT. THIS APPROVAL DOES NOT AFFECT ANY RIGHT THAT ROCKY MOUNTAIN POWER HAS UNDER: (1) A RECORDED EASEMENT OR RIGHT-OF WAY (2) THE LAW APPLICABLE TO PRESCRIPTIVE RIGHTS (3) TITLE 54, CHAPTER 8A, DAMAGE TO UNDERGROUND UTILITY FACILITIES OR (4) ANY OTHER PROVISION OF LAW.

APPROVED THIS DAY OF , 20 ROCKY MOUNTAIN POWER BY TITLE -ROCKY MOUNTAIN POWER COMPANYDOMINION APPROVES THIS PLAT SOLELY FOR THE PURPOSE OF CONFIRMING THAT THE PLAT CONTAINS PUBLIC UTILITY EASEMENTS. DOMINION MAY REQUIRE OTHER EASEMENTS IN ORDER TO SERVE THIS DEVELOPMENT. THIS APPROVAL DOES NOT CONSTITUTE ABROGATION OR WAIVER OF ANY OTHER EXISTING RIGHTS, OBLIGATIONS, OR LIABILITIES PROVIDED BY LAW OR EQUITY. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE, APPROVAL, OR ACKNOWLEDGMENT OF ANY TERMS CONTAINED IN THE PLAT, INCLUDING THOSE SET FORTH IN THE OWNERS DEDICATION AND THE NOTES AND DOES NOT CONSTITUTE A GUARANTEE OF PARTICULAR TERMS OF NATURAL GAS SERVICE. FOR FURTHER INFORMATION PLEASE CONTACT DOMINION RIGHT-OF-WAY DEPARTMENT AT 1-800-366-8532.

APPROVED THIS DAY OF A.D. 20 .

DOMINION ENERGY BY TITLE -DOMINION ENERGY(VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED)

OMINION RIGHT-OF-WAY DEPARTMENT AT 1-800-366-8532.

APPROVED THIS DAY OF A.D. 20 .

DOMINION ENERGY BY TITLE -DOMINION ENERGY(VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED) APPROVED THIS DAY OF , 20 , BY THEHEALTH DEPARTMENT TOOELE COUNTY HEALTH DEPARTMENT.

TOOELE COUNTY HEALTH DEPARTMENT APPROVED THIS DAY OF , 20 , BY THECITY COUNCIL TOOELE CITY COUNCIL.

CHAIRMAN TOOELE CITY COUNCILAPPROVED THIS DAY OF , 20 , BY THECHIEF OF POLICE TOOELE CITY CHIEF OF POLICE.

TOOELE CITY CHIEF OF POLICEAPPROVED THIS DAY OF , 20 , BY THEPOST MASTER POST MASTER POST MASTERAPPROVED THIS DAY OF , 20 , BY THESCHOOL DISTRICT TOOELE COUNTY SCHOOL DISTRICT TOOELE COUNTY SCHOOL DISTRICTAPPROVED THIS DAY OF , 20 , BY THEPARKS DEPARTMENT TOOELE CITY PARKS DEPARTMENT.

TOOELE CITY PARKS DEPARTMENTAPPROVED THIS DAY OF , 20 , BY THEFIRE CHIEF TOOELE CITY FIRE DEPARTMENT.

TOOELE CITY FIRE CHIEFAPPROVED THIS DAY OF , 20 , BY THECENTURY LINK CENTURY LINK.

CENTURY LINKAPPROVED THIS DAY OF , 20 , BY THECOMCAST COMCAST CABLE COMCAST

, BY THECENTURY LINK CENTURY LINK.

CENTURY LINKAPPROVED THIS DAY OF , 20 , BY THECOMCAST COMCAST CABLE COMCAST APPROVED AS TO FORM THIS DAY OF , 20 .CITY ATTORNEY TOOELE CITY ATTORNEYAPPROVED AS TO FORM THIS DAY OF , 20 .CITY ENGINEER TOOELE CITY ENGINEERCOMMUNITY DEVELOPMENT APPROVAL TOOELE CITY COMMUNITY DEVELOPMENTAPPROVED AS TO FORM ON THIS DAY OF , BY THE TOOELE COUNTY RECORDER AS TO DESCRIPTION OF RECORD.COUNTY RECORDER TOOELE COUNTY RECORDERAPPROVED THIS DAY OF , 20 , BY THE TOOELE CITY PLANNING COMMISSION.PLANNING COMMISSION ATTEST:NOTE: 1. EACH LOT WILL BE REQUIRED TO PROVIDE ONSITE STORM WATER DETENTION / RETENTION PER TOOELE CITY CODE.I, Douglas J Kinsman, do hereby certify that I am a Professional Land Surveyor, and that I hold License No. 334575, in accordance with Title 58, Chapter 22, of the Professional Engineers and Land Surveyors Act. I further certify that by authority of the owners I have completed a survey of the property described on this subdivision plat in accordance with Section 17-23-17, have verified all measurements, and have subdivided said tract of land into lots and streets, together with easements, hereafter to be known as Oristruts

sion plat in accordance with Section 17-23-17, have verified all measurements, and have subdivided said tract of land into lots and streets, together with easements, hereafter to be known as Oristruts Subdivision Amendment 2 and that the same has been correctly surveyed and monumented on the ground as shown on this plat.

OWNER'S DEDICATION AND CONSENT TO RECORD Known all men by these present that the undersigned are the owner(s) of the hereon described tract of land and hereby cause the same to divided into lots together with easements as set forth hereafter to be known as: The undersigned owner(s) hereby convey to Tooele City and to any and all public utility companies providing service to the hereon described tract a perpetual, non-exclusive easement over the public street and public utility and drainage easements shown on this plat, the same to be used for drainage and for the installation, maintenance and operation of public utility service lines and facilities. The undersigned owner(s) also hereby convey any other easements as shown to the parties indicated and for the purpose shown heron.

In witness whereof I / we have hereunto set my / our hand this day of A.D., 20 .

Off Road Innovations, Inc. Off Road Innovations, Inc.

By: Mark Andrew Jensen, President CEO By: Marie Jensen, Vice President Corporate Secretary FORD PERFORMANCE RACING SCHOOL SUBDIVISION WEST QUARTER CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT IN RING AND LID, NOT DATED) NORTHWEST CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS

ASS TOOELE COUNTY'S SURVEYORS MONUMENT IN RING AND LID, NOT DATED) NORTHWEST CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT, DATED 1988) N 00°26'19" W 2644.16' (RECORD) (BASIS OF BEARING) N 00°26'19" W 2644.38 (MEASURED) CENTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND REBAR & ALUMINUM CAP MARKED LS 8460) BENCHMARK ELEV.= 4717.97' NORTH QUARTER CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT, DATED 1980)ENSIGN ENG.

LAND SURV.LEGEND WM HYDU DD SIRRswvWVW SSSW SDW IRR X LDSECTION CORNER EXISTING MONUMENT EXISTING REBAR AND CAP SET 5/8" x 24" REBAR WITH YELLOW WATER METER WATER MANHOLE WATER VALVE FIRE HYDRANT SECONDARY WATER VALVE IRRIGATION VALVE SANITARY SEWER MANHOLESTORM DRAIN CLEAN OUT STORM DRAIN CATCH BASIN STORM DRAIN COMBO BOX STORM DRAIN CULVERT SIGN ELECTRICAL BOX UTILITY MANHOLE UTILITY POLE LIGHT CABLE BOX TELEPHONE BOX GAS METERADJACENT RIGHT OF WAY RIGHT OF WAY CENTERLINE PROPERTY LINE ADJACENT PROPERTY LINE DEED LINE TANGENT LINE EXIST DITCH FLOW LINE FENCE EDGE OF ASPHALT SANITARY SEWER LINE STORM DRAIN LINE LAND DRAIN LINECULINARY WATER LINE SECONDARY WATER LINE IRRIGATION LINE OVERHEAD POWER LINE ELECTRICAL LINE GAS LINE EXISTING CONTOURSEOHP E CABLEG NOTE: MAY CONTAIN SYMBOLS THAT ARE NOT USED IN THIS PLAN SET.PLASTIC CAP, OR NAIL STAMPED "ENSIGN ENG. & LAND SURV."PROPOSED MONUMENT 2602.44' 1320.50' (SEC MON TO MON)BENCHMARK CENTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST SALT LAKE BASE AND MERIDIAN ELEV = 4717.97' DEVELOPER COOK BUILDERS

ENG. & LAND SURV."PROPOSED MONUMENT 2602.44' 1320.50' (SEC MON TO MON)BENCHMARK CENTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST SALT LAKE BASE AND MERIDIAN ELEV = 4717.97' DEVELOPER COOK BUILDERS 1231 1300 W STE A CENTERVILLE, UT 84014 AUSTIN ANDERSEN 801-462-7362FORD PERFORMANCE RACING SCHOOL SUBDIVISION 10.0' PU&DE (TYP)42.00' N 58°42'14" W 60.00'NORTH60.00'SOUTH60.00'EAST60.00'WEST60.00'N 0°19'25" W 17.69'NORTH17.69'SOUTH17.69'EAST17.69'WEST17.69' S 58°04'30" W 60.00'NORTH60.00'SOUTH60.00'EAST60.00'WEST60.00'63.87' 63.88'42.00'813.62' (MON TO MON)S 0°00'00" E 300.35'NORTH 300.35'SOUTH 300.35'EAST 300.35'WEST 300.35' 442.74' (MON TO MON)LOT 201 196,020 sq.ft.

4.50 acres5.0' PU&DE (TYP)10.0' PU&DE (TYP) (2) EXIST.

STREET MONUMENTSN 89°41'03" E 652.66'NORTH 652.66'SOUTH 652.66'EAST 652.66'WEST 652.66' S 89°41'08" W 652.66'NORTH 652.66'SOUTH 652.66'EAST 652.66'WEST 652.66'N 0°00'00" E 300.34' NORTH 300.34'SOUTH 300.34'EAST 300.34'WEST 300.34' (SEC MON TO SEC MON) NORTH 2640.99'SOUTH 2640.99'EAST 2640.99'WEST 2640.99'NORTH42.00'SOUTH42.00'EAST42.00'WEST42.00'NORTH 327.19'SOUTH 327.19'EAST 327.19'WEST 327.19'5.0' PU&DE (TYP) 701 E NELSON AND SONS, INC ENTRY #058692 BOOK 357 PAGES 772-778DOLA M ENTERPRISES INC ENTRY #349916 2400 NORTH STREET (ROADWAY DEDICATION PLAT) (ENTRY #365928)POINT OF BEGINNING FOUND BAR AND CAPORISTRUTS SUBDIVISION AMENDED ENTRY #551227 ORISTRUTS SUBDIVISION AMENDED ENTRY #551227 LOT 1LOT 5FOUND BAR AND CAP FOUND BAR AND CAPFOUND BAR AND CAP FOUND RIVETFOUND RIVETFOUND RIVETFOUND BAR AND CAP 11.0' 10.9' 10.8'BOUNDARY DESCRIPTION

1227 ORISTRUTS SUBDIVISION AMENDED ENTRY #551227 LOT 1LOT 5FOUND BAR AND CAP FOUND BAR AND CAPFOUND BAR AND CAP FOUND RIVETFOUND RIVETFOUND RIVETFOUND BAR AND CAP 11.0' 10.9' 10.8'BOUNDARY DESCRIPTION A parcel of land, situate in the South half of the Northwest Quarter of Section 10, Township 3 South, Range 4 West, Salt Lake Base and Meridian, said parcel also located in Tooele, Utah, more particularly described as follows: All of Lots 2, 3, and 4, Oristruts Subdivision Amended as recorded and on file in the Tooele County Recorder's Office as Entry #551227, more particularly describes as follows: Beginning at a point on the north line of 2400 North Street, said point being North 0°25'28” West 42.00 feet along the Quarter Section line and South 89°41'08” West 327.19 feet along the said north line of 2400 North Street from the found monument representing the Center of Section 10, Township 3 South, Range 4 West, Salt Lake Base and Meridian, and running: thence South 89°41'08" West 652.66 feet along the said north line of 2400 North Street; thence North 300.34 feet; thence North 89°41'03" East 652.66 feet; thence South 300.35 feet to the said north line of 2400 North Street and to the Point of Beginning.

Parcel contains 196,020 square feet or 4.50 acres, 1 parcel.

Date Douglas J. Kinsman License no. 3345742400 NORTH PINE CANYON ROADSTATE ROAD 36 MAIN STREET 1000 NORTH400 WEST2000 NORTHBERRA BLVD.

AARON DRIVE BERRA BLVD.

200 WEST 690 EASTBROADWAY AVENUE 520 EAST1370 NORTHSITE 36 VICINITY MAP NOT TO SCALE PROFESSIONAL LAND SURVEYOR HATU FO ETATSDOUGLAS J KINSMANNo. 334575 HORIZONTAL GRAPHIC SCALE 0 ( IN FEET ) HORZ: 1 inch = ft. 4040 20 40 80WEST QUARTER CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE

HATU FO ETATSDOUGLAS J KINSMANNo. 334575 HORIZONTAL GRAPHIC SCALE 0 ( IN FEET ) HORZ: 1 inch = ft. 4040 20 40 80WEST QUARTER CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT IN RING AND LID, NOT DATED) NORTHWEST CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT, DATED 1988) N 00°26'19" W 2644.16' (RECORD) (BASIS OF BEARING) N 00°26'19" W 2644.38 (MEASURED) LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN, TOOELE CITY, TOOELE COUNTY, UTAHCALL BLUESTAKES @ 811 AT LEAST 48 HOURS PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION.Know what's below.

before you dig.CallR PROJECT NUMBER : DRAWN BY : CHECKED BY :MANAGER : DATE :SHEET T1200J1 OF 1 D. KINSMAN T. HUSSEY D. KINSMAN 5/25/2022 FEE$ TOOELE COUNTY RECORDERSTATE OF UTAH, COUNTY OF TOOELE, RECORDED AND FILED AT THE DATE: TIME: RECORDED # REQUEST OF :TOOELE COUNTY RECORDER}S.S.STATE OF UTAH County of On the day of A.D., 20 , , personally appeared before me, the undersigned Notary Public, in and for said County of in the State of Utah, who after being duly sworn, acknowledged to me that He/She is the ,

in the State of Utah, who after being duly sworn, acknowledged to me that He/She is the , of and that He/She signed the Owner's Dedication freely and voluntarily for and in behalf of said Corporation by authority of a resolution of its Board of Directors for the purposes therein mentioned and acknowledged to me that said Corporation executed the same.

MY COMMISSION EXPIRES: , RESIDING IN COUNTY.

NOTARY PUBLICCORPORATE ACKNOWLEDGMENT Tooele TOOELE 169 North Main Street Unit 1 Tooele, Utah 84074 Phone: 435.843.3590 Fax: 435.578.0108 WWW.ENSIGNENG.COMSALT LAKE CITY Phone: 801.255.0529 LAYTON Phone: 801.547.1100 CEDAR CITY Phone: 435.865.1453 RICHFIELD Phone: 435.896.2983E N S I G NLOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN, TOOELE CITY, TOOELE COUNTY, UTAH(VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED)FINAL PLAT (VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED)LEGEND SECTION CORNER EXISTING MONUMENT EXISTING REBAR AND CAPADJACENT RIGHT OF WAY SECTION QUARTERPROPERTY LINE ADJACENT PROPERTY LINE TANGENT LINE }S.S.STATE OF UTAH County of

TS SUBDIVISION AMENDED)LEGEND SECTION CORNER EXISTING MONUMENT EXISTING REBAR AND CAPADJACENT RIGHT OF WAY SECTION QUARTERPROPERTY LINE ADJACENT PROPERTY LINE TANGENT LINE }S.S.STATE OF UTAH County of On the day of A.D., 20 , , personally appeared before me, the undersigned Notary Public, in and for said County of in the State of Utah, who after being duly sworn, acknowledged to me that He/She is the , of and that He/She signed the Owner's Dedication freely and voluntarily for and in behalf of said Corporation by authority of a resolution of its Board of Directors for the purposes therein mentioned and acknowledged to me that said Corporation executed the same.

MY COMMISSION EXPIRES: , RESIDING IN COUNTY.

NOTARY PUBLICCORPORATE ACKNOWLEDGMENT TooeleSURVEYOR'S CERTIFICATE ENSIGN ENG.

LAND SURV.

DEVELOPER COOK BUILDERS 1231 1300 W STE A CENTERVILLE, UT 84014 AUSTIN ANDERSEN 801-462-7362 APPROVED THIS DAY OF , 20 , BY THECOUNTY HEALTH DEPARTMENT TOOELE COUNTY HEALTH DEPARTMENT.

TOOELE COUNTY HEALTH DEPARTMENTCOMMUNITY DEVELOPMENT APPROVAL

IS DAY OF , 20 , BY THECOUNTY HEALTH DEPARTMENT TOOELE COUNTY HEALTH DEPARTMENT.

TOOELE COUNTY HEALTH DEPARTMENTCOMMUNITY DEVELOPMENT APPROVAL TOOELE CITY COMMUNITY DEVELOPMENTAPPROVED ON THIS DAY OF , A.D.

FACILITIES A PUBLIC UTILITY EASEMENT ALONG WITH ALL THE RIGHTS AND DUTIES DESCRIBED THEREIN.

2.PURSUANT TO UTAH CODE ANN. § 17-27A-603(4)(C)(II) ROCKY MOUNTAIN POWER ACCEPTS DELIVERY OF THE PUE AS DESCRIBED IN THIS PLAT AND APPROVES THIS PLAT SOLELY FOR THE PURPOSE OF CONFIRMING THAT THE PLAT CONTAINS PUBLIC UTILITY EASEMENTS AND APPROXIMATES THE LOCATION OF THE PUBLIC UTILITY EASEMENTS, BUT DOES NOT WARRANT THEIR PRECISE LOCATION. ROCKY MOUNTAIN POWER MAY REQUIRE OTHER EASEMENTS IN ORDER TO SERVE THIS DEVELOPMENT. THIS APPROVAL DOES NOT AFFECT ANY RIGHT THAT ROCKY MOUNTAIN POWER HAS UNDER: (1) A RECORDED EASEMENT OR RIGHT-OF WAY (2) THE LAW APPLICABLE TO PRESCRIPTIVE RIGHTS (3) TITLE 54, CHAPTER 8A, DAMAGE TO UNDERGROUND UTILITY FACILITIES OR (4) ANY OTHER PROVISION OF LAW.

APPROVED THIS DAY OF , 20 ROCKY MOUNTAIN POWER BY TITLE -ROCKY MOUNTAIN POWER COMPANY DOMINION ENERGY APPROVES THIS PLAT SOLELY FOR THE PURPOSE OF CONFIRMING THAT THE PLAT CONTAINS PUBLIC UTILITY EASEMENTS. DOMINION ENERGY MAY REQUIRE OTHER EASEMENTS IN ORDER TO SERVE THIS DEVELOPMENT. THIS APPROVAL DOES NOT CONSTITUTE ABROGATION OR WAIVER OF ANY OTHER EXISTING RIGHTS, OBLIGATIONS OR LIABILITIES PROVIDED BY LAW OR EQUITY. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE,

IS DEVELOPMENT. THIS APPROVAL DOES NOT CONSTITUTE ABROGATION OR WAIVER OF ANY OTHER EXISTING RIGHTS, OBLIGATIONS OR LIABILITIES PROVIDED BY LAW OR EQUITY. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE, APPROVAL OR ACKNOWLEDGMENT OF ANY TERMS CONTAINED IN THE PLAT, INCLUDING THOSE SET IN THE OWNERS DEDICATION AND THE NOTES AND DOES NOT CONSTITUTE A GUARANTEE OF PARTICULAR TERMS OF NATURAL GAS SERVICE. FOR FURTHER INFORMATION PLEASE CONTACT DOMINION ENERGY'S RIGHT-OF-WAY DEPARTMENT AT 1-800-366-8532.

APPROVED THIS DAY OF , 20 DOMINION ENERGY BY TITLE -DOMINION ENERGY APPROVED THIS DAY OF , 20 , BY THECOUNTY SURVEY DEPARTMENT TOOELE COUNTY SURVEY DEPARTMENT.

RECORD OF SURVEY FILE # 2021-0026 & 2006-0027-01 TOOELE COUNTY SURVEY DIRECTORAPPROVED THIS DAY OF , 20 , BY THEPLANNING COMMISSION TOOELE CITY PLANNING COMMISSION.

CHAIRMAN TOOELE CITY PLANNING COMMISSIONAPPROVED THIS DAY OF , 20 , BY THECOUNTY TREASURER APPROVAL TOOELE COUNTY TREASURER.

TOOELE COUNTY TREASURERAPPROVED THIS DAY OF , 20 , BY THECITY COUNCIL TOOELE CITY COUNCIL.

CHAIRMAN TOOELE CITY COUNCIL APPROVED THIS DAY OF , 20 , BY THECITY ATTORNEY'S APPROVAL TOOELE CITY ATTORNEY.

TOOELE CITY ATTORNEYAPPROVED THIS DAY OF , 20 , BY THECITY ENGINEER'S APPROVAL TOOELE CITY ENGINEER TOOELE CITY ENGINEERNOTE: 1. EACH LOT WILL BE REQUIRED TO PROVIDE ONSITE STORM WATER

DAY OF , 20 , BY THECITY ENGINEER'S APPROVAL TOOELE CITY ENGINEER TOOELE CITY ENGINEERNOTE: 1. EACH LOT WILL BE REQUIRED TO PROVIDE ONSITE STORM WATER DETENTION / RETENTION PER TOOELE CITY CODE.PROPOSED MONUMENT I, Douglas J Kinsman, do hereby certify that I am a Professional Land Surveyor, and that I hold License No. 334575, in accordance with Title 58, Chapter 22, of the Professional Engineers and Land Surveyors Act. I further certify that by authority of the owners I have completed a survey of the property described on this subdivision plat in accordance with Section 17-23-17, have verified all measurements, and have subdivided said tract of land into lots and streets, together with easements, hereafter to be known as Oristruts Subdivision Amendment 2 and that the same has been correctly surveyed and monumented on the ground as shown on this plat.

(VACATING AND AMENDING LOTS 2, 3, AND 4 OF ORISTRUTS SUBDIVISION AMENDED)OWNER'S DEDICATION AND CONSENT TO RECORD Known all men by these present that the undersigned are the owner(s) of the hereon described tract of land and hereby cause the same to divided into lots together with easements as set forth hereafter to be known as: The undersigned owner(s) hereby convey to Tooele City and to any and all public utility companies providing service to the hereon described tract a perpetual, non-exclusive easement over the public street and public utility and drainage easements shown on this plat, the same to be used for drainage and for the installation, maintenance and operation of public utility service lines and facilities. The undersigned owner(s) also hereby convey any other easements as shown to the parties indicated and for the purpose shown heron.

tenance and operation of public utility service lines and facilities. The undersigned owner(s) also hereby convey any other easements as shown to the parties indicated and for the purpose shown heron.

In witness whereof I / we have hereunto set my / our hand this day of A.D., 20 .

Off Road Innovations, Inc. Off Road Innovations, Inc.

By: Mark Andrew Jensen, President CEO By: Marie Jensen, Vice President Corporate Secretary FORD PERFORMANCE RACING SCHOOL SUBDIVISIONPU&DE= PUBLIC UTILITY & DRAINAGE EASEMENT EASEMENTSPU&DE SET 5/8" x 24" REBAR WITH YELLOW PLASTIC CAP, OR NAIL STAMPED "ENSIGN ENG. & LAND SURV."

CENTER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND REBAR & ALUMINUM CAP MARKED LS 8460) S 0°25'28" E NORTH QUARTER CORNER OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN (FOUND 3" BRASS TOOELE COUNTY'S SURVEYORS MONUMENT, DATED 1980) 1320.50' (SEC MON TO MON)FORD PERFORMANCE RACING SCHOOL SUBDIVISION FORD PERFORMANCE RACING SCHOOL SUBDIVISION Western Acres Phase 2A App. # P22-601 Preliminary Subdivision Plan Request 1 Community Development Department STAFF REPORT December 8, 2022 To: Tooele City Planning Commission Business Date: December 14, 2022 From: Planning Division Community Development Department Prepared By: Andrew Aagard, City Planner / Zoning Administrator Re: Western Acres Phase 2A – Preliminary Subdivision Plan Request Application No.: P22-601 Applicant: Mike DeCarlo , representing DR Horton Project Location: Approximately 1800 North 300 East Zoning: MR-16 PUD Multi- Family Residential Zone

vision Plan Request Application No.: P22-601 Applicant: Mike DeCarlo , representing DR Horton Project Location: Approximately 1800 North 300 East Zoning: MR-16 PUD Multi- Family Residential Zone Acreage: 11.4 Acres (Approximately 496,584 ft2) Request: Request for approval of a Preliminary Subdivision Plan in the MR -16 PUD Multi -Family Residential zone regarding the creation of 121 residential lots for town homes, the creation of the associated limited common areas and the creation of common areas.

BACKGROUND This application is a request for approval of a Preliminary Subdivision Plan for approximately 11.4 acres located approximately 1800 North 300 East . The property is currently zoned MR -16 PUD Multi -Family Residential . The applicant is requesting that a Pr eliminary Subdivision Plan be approved to allow for the development of the currently vacant site as residential town homes. The Preliminary Subdivision Plan begins the process of subdividing the property into individual lots for private ownership, limited common areas such as driveways and patios and common areas such roads, storm water detention basins and open space ANALYSIS General Plan and Zoning. The Land Use Map of the General Plan calls for the High Density Residential land use designation for the subject pro perty. The property has been assigned the MR-16 PUD MultiFamily Residential zoning classification, supporting approximately sixteen dwelling units per acre. The MR-16 PUD Multi- Family Residential zoning designation is identified by the General Plan as a preferred zoning classification for the High Density Residential land use designation. Properties located to the north of Phase 2A are zoned LI Light Industrial and MR -16 PUD (Phase 1 of Western Acres). Properties

classification for the High Density Residential land use designation. Properties located to the north of Phase 2A are zoned LI Light Industrial and MR -16 PUD (Phase 1 of Western Acres). Properties to the east and south are zoned MR -16 PUD and are also part of the Western Acres development.

Properties to the west are zoned GC General Commercial but are utilized as the legally non -conforming Overpass Point mobile home park. Mapping pertinent to the subject request can be found in Exhibit “A” to this report.

Site Plan Layout . The preliminary subdivision plan follows the exact same layout as the site plan as the site plan is that which dictates where the lots for each town house will be located. Phase 2A of the Western Acres development picks up where Phase 1 ended and is sandwiched between Phase 1 to the east, Pine Canyon Road and Overpass Point to the west. All accesses to Pine Canyon Road are constructed with Phase 1 so Phase 2A is proposing no new accesses to public streets and will connect to Western Acres Phase 2A App. # P22-601 Preliminary Subdivision Plan Request 2 existing stubs provided in Phase 1. All streets within the development are proposed to be private roads, owned and maintained by the development.

Subdivision Layout . The subdivision plat creates 121 n ew lots for individual private ownership. These lots are the same size as the footprint of the town home that will be constructed above. There are three types of townhomes proposed for this development. Some will be rear loaded townhomes, that majority will be front loaded townhomes and a few more will be townhomes without a garage. The lots range in size from 680 square feet up to 1,078 square feet depending upon the style of town house constructed

ill be front loaded townhomes and a few more will be townhomes without a garage. The lots range in size from 680 square feet up to 1,078 square feet depending upon the style of town house constructed thereon. There are no lot size minimum restriction s in the MR -16 zoning district in order to f acilitate the construction of privately owned townhomes such as these.

The subdivision plat also defines the areas that will be considered limited common areas. These areas are owned and maintained by the development but are limited in use to the adjacent town houses. These limited common areas are delineated on the preliminary plat by a crossing hatch pattern and are typically in front of the townhomes and behind the townhomes as driveways and patios, respectively.

The remaining area, delineated on the preliminary plat in white, non- hatched areas are the roads, detention basins, and common open space areas. These areas will be owned and maintained by the development.

The Middle Canyon drainage runs north to sout h along the west side of Phase 2A, immediately adjacent to Overpass Point mobile home park. DR Horton is improving this drainage to accommodate the new development, install a trail and vehicle maintenance path and other improvements to ensure proper flood control through this area. Alterations to the flood plain are reviewed by Tooele City but are also reviewed and approved by FEMA of the Federal Government. The applicant is working through these approvals with FEMA.

It should also be noted that the preliminary subdivision plan follows closely and adheres to the overall PUD design for the Western Acres Development as approved by the City Council. The PUD overlay

It should also be noted that the preliminary subdivision plan follows closely and adheres to the overall PUD design for the Western Acres Development as approved by the City Council. The PUD overlay does provide exceptions and changes to unit size, setbacks and architecture but has no im pact upon the lots, lot sizes, etc.

Criteria For Approval . The procedure for approval or denial of a Subdivision Preliminary Plat request, as well as the information required to be submitted for review as a complete application is found in Sections 7-19-8 and 9 of the Tooele City Code .

REVIEWS Planning Division Review . The Tooele City Planning Division has completed their review of the Preliminary Subdivision Plan submission and has issued a recommendation for approval for the request with the following comment : 1. Other than some minor differences to road alignment and unit placement the preliminary subdivision plan follows the overall approved PUD document and also matches the site plan.

Engineering and Public Works Divisions Review . The Tooele City Engineering and Public Works Divisions have completed their reviews of the Site Plan Design Review submission and have issued a recommendation for approval for the request with the following proposed condition: 1. The flood plain shall be completed and accepted by FEMA prior to Phase 2A Final Western Acres Phase 2A App. # P22-601 Preliminary Subdivision Plan Request 3 Subdivision Plat approval.

Tooele City Fire Department Revi ew. The Tooele City Fire Department has completed their review of the Site Plan Design Review submission and has issued a recommendation for approval for the request.

STAFF RECOMMENDATION Staff recommends approval of the request for a Preliminary Su bdivision Plan by Mike DeCarlo ,

gn Review submission and has issued a recommendation for approval for the request.

STAFF RECOMMENDATION Staff recommends approval of the request for a Preliminary Su bdivision Plan by Mike DeCarlo , representing DR Horton , application number P22 -601, subject to the following conditions: 1. That all requirements of the Tooele City Engineering and Public Works Divisions shall b satisfied throughout the development of the si te and the construction of all buildings on the site, including permitting.

2. That all requirements of the Tooele City Building Division shall be satisfied throughout the development of the site and the construction of all buildings on the site, including permitting.

3. That all requirements of the Tooele City Fire Department shall be satisfied throughout the development of the site and the construction of all buildings on the site.

4. That all requirements of the geotechnical report shall be satisfied throughout the development of the site and the construction of all buildings on the site.

5. That th e flood plain shall be completed and accepted by FEMA prior to Phase 2A Final Subdivision Plat approval.

This recommendation is based on the following findings: 1. The p roposed development plans meet the intent, goals, and objectives of the Master Plan.

2. The proposed development plans meet the intent, goals, and objectives of the Tooele City General Plan.

3. The proposed development plans meet the requirements and provisions of the Tooele City Code.

4. The proposed development plans will not be deleterious to the health, safety, and general welfare of the general public nor the residents of adjacent properties.

5. The proposed development conforms to the general aesthetic and physic al development of the area.

health, safety, and general welfare of the general public nor the residents of adjacent properties.

5. The proposed development conforms to the general aesthetic and physic al development of the area.

6. The public services in the area are adequate to support the subject development.

7. Other than some minor differences to road alignment and unit placement the preliminary subdivision plan follows the overall approved PUD document a nd also matches the site plan.

MODEL MOTIONS Sample Motion for a Positive Recommendation – “I move we forward a positive recommendation to the City Council for the Western Acres Phase 2A Preliminary Subdivision Plan Request by Mike DeCarlo , representing DR Horton , application number P22 -601, based on the findings and subject to the conditions listed in the Staff Report dated December 8, 2022:” Western Acres Phase 2A App. # P22-601 Preliminary Subdivision Plan Request 4 1. List any additional findings and conditions… Sample Motion for a Negative Recommendation – “I move we forward a negative recommendation to the City Council for the Western Acres Phase 2A Preliminary Subdivision Plan Request by Mike DeCarlo , representing DR Horton , application number P22 -601, based on the following findings:” 1. List findings… EXHIBIT A MAPPING PERTINENT TO THE WESTERN ACRES PHASE 2A PRELIMINARY SUBDIVISION PLAN EXHIBIT B PROPOSED DEVELOPMENT PLANS & APPLICANT SUBMITTED INFORMATION VICINITY MAPWESTERN ACRESWESTERN ACRES TOWNHOMES PHASE 2APRELIMINARY PLAT A RESIDENTIAL SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH SHEET 2 OF 3 PHASE 2A 1162116111601159 116811671166116511641163 117511761177 1210

ST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH SHEET 2 OF 3 PHASE 2A 1162116111601159 116811671166116511641163 117511761177 1210 1211 1212 1213 1214121512161217121812191220122112221223122412251233 12341247 1248 1249 1250 1251 124212431244124512461135 1136 113711381139114011461145 114411431142114111471148 114911501151115211581157 1156115511541153 1131113211331134 118311821181118011791178117411731172117111701169 12091204 1205 1207 12081203 12061202120112001199122612271228122912301231 ΔΔΔΔ ΔTEN HENS AVENUE 1232 123612371238123912401241 1235 1184 1185 1186 1187 1188 1189 119311941195119611971198 1190 1191 1192 TEN HENS AVENUE SERENITY AVENUE BROKEN ARROW AVENUEBLUE IRIS AVENUE PATCHWORK AVENUEPATCHWORK AVENUEBLUE IRIS AVENUE PINE CANYON ROAD SERENITY AVENUE TEN HENS AVENUE POBA RESIDENTIAL SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN SHEET 2 OF 3LEGENDWESTERN ACRES TOWNHOMES A RESIDENTIAL SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF SECTION 15 AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH SHEET 2 OF 3PHASE 2APRELIMINARY PLAT 3-UNIT FL 2-STORY TOOELE CITY SUBCOLLECTOR - 66' ROW PRIVATE INTERIOR ROADS - 51' ROW4-UNIT FL 2-STORY 5-UNIT FL 2-STORY6-UNIT FL 2-STORY 5-UNIT PIONEER 6-UNIT PIONEER4-UNIT ALLEY 6-UNIT ALLEY A RESIDENTIAL SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN SHEET 3 OF 3PRELIMINARY PLAT WESTERN ACRES TOWNHOMES PHASE 2A A RESIDENTIAL SUBDIVISION

SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN SHEET 3 OF 3PRELIMINARY PLAT WESTERN ACRES TOWNHOMES PHASE 2A A RESIDENTIAL SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE AND MERIDIAN TOOELE CITY, TOOELE COUNTY, UTAH SHEET 3 OF 3 TOOELE CITY CORPORATION ORDINANCE 2022 -44 AN ORDINANCE OF TOOELE CITY AMENDING TOOELE CITY CODE SECTION 3 -31 TO ADOPT APPENDICES F AND H OF THE INTERNATIONAL FIRE CODE.

WHEREAS, Tooele City has adopted the most current edition of the International Fire Code , as has the State of Utah, including Appendices B, C, and D; and, WHEREAS, in order to better protect the life, health , and welfare of persons and property in Tooele City, the TCFD Fire Chief and Fire Marshall recomme nd that the City Council adopt Appendices F and H, dealing, in part, with the storage and handling of hazard ous materials : NOW, THEREFORE, BE IT ORDAINED that Tooele City Code Section 3 -3-1 is hereby amended to reflect the adoption o f Appendices F and H of the International Fire Code.

This Ordinance is necessary for the immediate preservation of the peace, health, safety, and welfare of Tooele City and its residents and businesses and shall become effective upon passage, without further publication, by authority of the Tooele City Chart er.

IN WITNESS WHEREOF, this Ordinance is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against)

(Against) MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, City Attorney TOOE LE CITY CORPORATION RESOLUTION 2022 -105 A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING AN AGREEMENT WITH PGA&W ARCHITECTS FOR FIRE STATION #3.

WHEREAS, Tooele City has acquired property on 1000 North Street for a Fire Station #3 ; and, WHEREAS, on August 18, 2021, the City Council approved Resolution 2021 -83, authorizing the Center for Public Safety Management LLC to conduct a comprehensive fire study; and, WHEREAS, on May 4, 2022, the City Council approved Resolution 2022 -39, adopting the comprehensive fire study, one recommendation of which was to construction Station #3 ; and , WHEREAS, Tooele City has selected PGA&W Architects to design and manage the construc tion of Station #3, as provided in the attached AIA agreement (attached as Exhibit A); and, WHEREAS, prompt design and construction of Station #3 is in the best interest of the health, safety, and welfare of Tooele City and its residents and businesses: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the agreement with PGA&W Architects , in the general form as attached in Exhibit A, is

f Tooele City and its residents and businesses: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the agreement with PGA&W Architects , in the general form as attached in Exhibit A, is hereby approved, and that the Mayor is hereby authorized to execute the same and to pay all claims ma de thereunder.

This Resolution shall become effective upon passage, without further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this TOOELE CITY C OUNCIL (For) (Against) MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, City Attorney Exhibit A Architect Agreement Standard Form of Agreement Between Owner and Architect The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on

A Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance wit h the AIA Contract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of (In words, indicate day, month and year.)

BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) TOOELE CITY 90 N Main Street Tooele, UT 84074 and the Architect: (Name, legal status, address and other information) PGA&W Architects 5263 Commerce Drive Murray Utah 84107 for the following Project: (Name, location and detailed description) Design of a new fire station located at 145 East 1000 North, Tooele Utah.

The Owner and Architect agree as follows.

ay Utah 84107 for the following Project: (Name, location and detailed description) Design of a new fire station located at 145 East 1000 North, Tooele Utah.

The Owner and Architect agree as follows.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.

(For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

§ 1.1.2 The Project’s physical characteristics:

(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

§ 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public a nd private utilities and services; legal description of the site, etc.)

a new fire station located at 145 East 1000 North, Tooele Utah. Scope of work is to design an approximately 15,000 sq. ft. new station with 3 fire truck bays, a separate garage, 6 offi ces, exercise and training areas, kitchen and dayroom, laundry facilities, and 8 living quarters § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.)

$4,000,000.00 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: December 2022 The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 3 .2 Construction commencement date: April 2023

in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 3 .2 Construction commencement date: April 2023 .3 Substantial Completion date or dates: April 2024 .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast track design and construction, multiple bid packages, or phased construction.)

Competitive Bid § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for th e Project, if any.)

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204 ™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204 –2017 is incorporated in to this agreement, the Owner and Architect shall incorporate the completed E204 –2017 into the agreements with the consultants and contractors performing services or Work i n any way associated with the Sustainable Objective.

§ 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.)

Matt McCoy Fire Chief Fire Marshall 90 N Main Street Tooele, UT 84074 § 1.1.8 The persons or entities, in addition to the Owner’s representative , who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.)

§ 1.1.9 The Owner shall retain the following consultants and contractors:

quired to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.)

§ 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.)

.1 Geotechnical Engineer: GSH .2 Civil Engineer: Mike Kournianos PGA&W Architects 5263 Commerce Drive Murray Utah 84107 .3 Other, if any: The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 4 (List any other consultants and contractors retained by the Owner.)

§ 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.)

Kris Pasker PGA&W Architects 5263 Commerce Drive Murray, UT 84107 § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.)

§ 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: BHB CONSULTING ENGINEERS 2766 South Main Street Salt Lake City, Utah 84115 (801) 355 -5656 fax (801) 355 -5950 .2 Mechanical Engineer: DL JENSEN & ASSOCIATES 547 West 500 South, Suite #140

Engineer: BHB CONSULTING ENGINEERS 2766 South Main Street Salt Lake City, Utah 84115 (801) 355 -5656 fax (801) 355 -5950 .2 Mechanical Engineer: DL JENSEN & ASSOCIATES 547 West 500 South, Suite #140 Bountiful, Utah 84010 (801)294 -9299 fax 801 -294-9399 » .3 Electrical Engineer: JT ELECTRICAL ENGINEERING 4303 South 590 West Murray, UT 84123 385-249-5551 § 1.1.11.2 Consultants retained under Supplemental Services: § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticip ated design and construction milestones, as necessary, to accommodate material changes in the Initial Information.

§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or docume ntation in digital form. T he parties will use AIA Document E203 ™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on

Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 5 § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203 ™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202 ™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultan ts, the authors of, or contributors to, the building information model, and each of their agents and employees.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.

§ 2.2 The Architect s hall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall

m its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.

§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.

§ 2.5 The Architect sh all maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9.

§ 2.5.1 Commercial General Liability with policy limits of not less than two million ($2,000,000) for each occurrence an d four million ($4,000,000) in the aggregate for bodily injury and property damage.

§ 2.5.2 Automobile Liability covering vehicles owned , and non -owned vehicles used , by the Architect with policy limits of not less than one millio n ($1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.

§ 2.5.3 The Architect may achieve the required l imits and coverage for Commercial General Liability and

nd use of those motor vehicles, along with any other statutorily required automobile coverage.

§ 2.5.3 The Architect may achieve the required l imits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greate r coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 2.5.4 Workers’ Compensation at statutory limits.

§ 2.5.5 Employers’ Liability with policy limits not less tha n one million ($1,000,000) each accident , one million , ($1,000,000) each employee, an d one million ($1,000,000) policy limit.

§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than two million ($2,000,000) per claim an d four million ($4,000,000) in the aggregate.

§ 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non -contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.

s negligent acts or omissions. The additional insured coverage shall be primary and non -contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 6 § 2.5.8 The Architect shall pr ovide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5.

ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services.

§ 3.1.1 The Architect shall manage the Architect’s services, research applicable design crit eria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall b e entitled to rely on, and shall not be responsible for, the accuracy, completeness,

oordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall b e entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Archi tect becomes aware of any error, omission, or inconsistency in such services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Archite ct’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.

The schedule shall include allowances for periods of time require d for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasona ble cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until th e commencement of construction.

§ 3.1.4 The Architect shall not be responsible for an Owner ’s directive or substitution, or for the Owner’s acceptance of non -conforming Work, made or given without the Architect’s written approval.

§ 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements

ll contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities.

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

§ 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.

§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program , schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) an y inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding t he requirements of the Project.

§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components.

§ 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design

l, a preliminary design illustrating the scale and relationship of the Project components.

§ 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, a nd preliminary building plans, sections and elevations; and may The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 7 include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the dr awings or described in writing.

§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation , together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1.

that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1.

§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.

§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, an d request the Owner’s approval.

§ 3.3 Design Development Ph ase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Do cuments for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical con struction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents s hall also include outline specifications that identify major materials and systems and establish, in general, their quality levels.

§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

t identify major materials and systems and establish, in general, their quality levels.

§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

§ 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents.

§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal for ms; (2) the form of agreement between the Owner and Contractor; and (3)

tion of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal for ms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Con tract for Construction and Specifications, and may include bidding requirements and sample forms.

§ 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.

§ 3.4.5 The Architect shall submit the Con struction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 8 § 3.5 Procurement Phase Services § 3.5.1 General The Architect sha ll assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive

sist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming respo nsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction.

§ 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequent ly documenting and distributing the bidding results, as directed by the Owner.

§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substituti ons and prepare and distribute addenda identifying approved substitutions to all prospective bidders.

§ 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process;

er in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and partici pating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation res ults, as directed by the Owner.

§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written author ization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors.

§ 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 ™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 –2017 , those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement.

§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Archi tect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,

ty to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the A rchitect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 9 § 3.6.2 Evaluations of the Work

y only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 9 § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress a nd quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect sha ll not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of t he Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work.

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordan ce with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall g ive rise to a duty or responsibility of the Architect to the

ver, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall g ive rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.

§ 3.6.2.3 The Architect shall interpret and decide matters concern ing performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable prom ptness.

§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisi ons, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on mat ters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 –2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amou nts due the Contractor and shall issue certificates in such

provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amou nts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comp rising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Cont ractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect.

§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and othe r data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 3.6.3.3 The Architect shall maintain a record of th e Applications and Certificates for Payment.

§ 3.6.4 Submittals

ose the Contractor has used money previously paid on account of the Contract Sum.

§ 3.6.3.3 The Architect shall maintain a record of th e Applications and Certificates for Payment.

§ 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 10 the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review.

§ 3.6.4 .2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the desig n concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,

iven and the desig n concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Arch itect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expr essed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals.

§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for

ection 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall includ e, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information.

§ 3.6.4.5 The Architect shall maintain a record of sub mittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.

§ 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the C ontract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in acco rdance with the Contract Documents.

§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.

§ 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion an d the date of final completion; .2 issue Certific ates of Substantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and rec eived from the Con tractor; and,

ubstantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and rec eived from the Con tractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents.

§ 3.6.6.2 The Archi tect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 11 § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completio n or correction of the Work.

§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)

retained from the Contract Sum, if any, for final completio n or correction of the Work.

§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or t he making of final payme nt; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents.

§ 3.6.6.5 Upon request of the Owner, and prior to the expi ration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Su pplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Servi ce is not being provided for the Project.

(Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplem ental Service.

Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement .)

e for providing the identified Supplem ental Service.

Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement .)

Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming § 4.1.1.2 Multiple preliminary designs § 4.1.1.3 Measured drawings § 4.1.1.4 Existing facilities surveys § 4.1.1.5 Site evaluation and planning § 4.1.1.6 Building Information Model management responsibilities § 4.1.1.7 Development of Building Information Models for post construction use § 4.1.1.8 Civil engineering § 4.1.1.9 Landscape design § 4.1.1.10 Architectural interior design § 4.1.1.11 Value analysis § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 § 4.1.1.13 On-site project representation § 4.1.1.14 Conformed documents for construction § 4.1.1.15 As-designed record drawings § 4.1.1.16 As-constructed record drawings § 4.1.1.17 Post-occupancy evaluation § 4.1.1.18 Facility support services § 4.1.1.19 Tenant -related services § 4.1.1.20 Architect’s coordination of the Owner’s consultants § 4.1.1.21 Telecommunications/data design The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms

on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 12 Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.22 Security evaluation and planning § 4.1.1.23 Commissioning § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 § 4.1.1.25 Fast-track design services § 4.1.1.26 Multiple bid packages § 4.1.1.27 Historic preservation § 4.1.1.28 Furniture, furnishings, and equipment design § 4.1.1.29 Other services provided by specialty Consultants § 4.1.1.30 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below.

(Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.)

§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below.

(Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.)

§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204 ™–2017, Sustainable Projects Exhibit, attached

d a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204 ™–2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shal l compensate the Architect as provided in Section 11.2.

§ 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule.

§ 4.2.1 Upon recognizing the need to pe rform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owne r’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or e diting previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the

l interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 13 .4 Services necessitated by decisions of the Owner not rende red in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to othe r Owner -author ized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals;

n for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fir e or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect .

§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with rea sonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Arch itect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice.

.1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, f ield conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or,

quire evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom.

§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 one (1) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 weekly (56) visits to the site by the Architect during construction .3 periodic inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 one (1) inspections for any portion of the Work to determine final completion.

§ 4.2.4 Except for serv ices required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Subs tantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing tho se Construction Phase Services.

§ 4.2.5 If the services covered by this Agreement have not been completed within twelve (12) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be comp ensated as Additional Services.

ted within twelve (12) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be comp ensated as Additional Services.

ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; cons traints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements.

§ 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 14 costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final c ompletion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the

the Owner’s budget for the Project as necessary throughout the duration of the Project until final c ompletion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.

§ 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.

The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the or derly and sequential progress of the Architect’s services.

§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The su rveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of-way, restrictions, easements, encroachments, zoning, deed rest rictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.

§ 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of so il bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation,

urnish services of geotechnical engineers, which may include test borings, test pits, determinations of so il bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendat ions.

§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1.

§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA D ocument E204 ™–2017, Sustainable Projects Exhibit, attached to this Agreement.

§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.

Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided.

§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and w ater pollution, and tests for hazardous materials.

ish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and w ater pollution, and tests for hazardous materials.

§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services , that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interes ts.

§ 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.

§ 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between th e Owner and the Contractor otherwise relating to the Project.

Communications by and with the Architect’s consultants shall be through the Architect .

§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties a nd responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement.

The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditi ons of the Contract for Construction.

§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

vide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 15 § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of , or enforce lien rights.

ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost o f the Work also includes the reasonable value of labor, materials, and equipment , donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include th e compensation of the Architect; the costs of the land, rights -of-way, financing, or contingencies for changes in the Work ; or other costs that are the responsibility of the Owner.

not include th e compensation of the Architect; the costs of the land, rights -of-way, financing, or contingencies for changes in the Work ; or other costs that are the responsibility of the Owner.

§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design prof essional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accord ingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect .

§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be include d in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area,

d to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate , if identified as the Architect’s respo nsibility in Section 4.1.1 , as a Supplemental Service.

§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable c onstruction market.

§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budg et for the Cost of the Work, and the Owner shall cooperate with the Archit ect in making such adjustments.

§ 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fi de bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative.

ection 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative.

§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Archit ect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Arc hitect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the A rchitect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect’s modification of the Constr uction Documents shall be the limit of the Architect’s responsibility under this Article 6.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 16

for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 16 ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitti ng party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project .

§ 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including cop yrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and th e Architect’s consultants.

§ 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially perfo rms its obligations under this Agreement , including prompt payment of all sums due pursu ant to Article 9 and Article 11 . The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license g ranted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner’s consultants and separate

is Agreement. The license g ranted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.

§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of act ion arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action assert ed by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreemen t for cause under Section 9.4.

§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s

ty without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants.

§ 7.5 Excep t as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement.

ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against th e other and arising out of or related to this Agreement , whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.

§ 8.1.2 To the extent damages are covered by prope rty insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA D ocument A201 –2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerate d herein.

§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question , arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential

aive consequential damages for claims, disputes, or other matters in question , arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 17 § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a conditio n precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior t o resolution of the matter by mediation or by binding dispute resolution.

§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance wit h its Construction Industry Mediation Procedures in effect on the date of

, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance wit h its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending medi ation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of th e arbitrator(s) and agree upon a schedule for later proceedings.

§ 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agr eed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.)

[ X] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in

is Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.

§ 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subj ect to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbit ration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.

§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitatio ns purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.

§ 8.3.2 The foregoin g agreement to arbitrate , and other agreements to arbitrate with an additional person or entity

or equitable proceedings based on the claim, dispute or other matter in question.

§ 8.3.2 The foregoin g agreement to arbitrate , and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement , shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

§ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 18 § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated subs tantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

the arbitrations to be consolidated subs tantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

§ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities subs tantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement.

§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.

ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substa ntial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owne r before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Archit ect all sums due prior to suspension and any

iability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Archit ect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate th is Agreement by giving not less than seven days’ written notice.

§ 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agree ment through no fault of the party initiating the termination.

§ 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause.

§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbur sable Expe nses incurred, and costs attributable to termination, including the costs attributable

ion 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbur sable Expe nses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements.

§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its conveni ence pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.)

.1 Termination Fee : The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 19 If this agreement is terminated or cancelled as provided herein , Tooele City shall calculate and pay PGA&W Architects based on actual services satisfactorily performed and benefit received.

Schedule of work as completed : Phase I Schematic Design 15% Phase II Design Development 20% Phase III Construction Documents 40% Phase IV Biding Packages 5% Phase V Construction 15% Phase VI As -built Documents 5%

ted : Phase I Schematic Design 15% Phase II Design Development 20% Phase III Construction Documents 40% Phase IV Biding Packages 5% Phase V Construction 15% Phase VI As -built Documents 5% .2 Licensing Fee if the Owner intends to continue u sing the Architect’s Instruments of Service: Architect agrees to re -use a previous design. Therefore, the design fee will be 2 1/5% of the current construction cost.

§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.

§ 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7.

ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitra tion as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 –2017, General Conditions of the Contract for Construction.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except th at the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment.

ing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment.

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days pri or to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyo nd the scope of this Agreement.

§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect.

§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of

to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be conf idential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 20 survive the termination of this Agreement unless the Owner terminates this Agreement for ca use pursuant to Section 9.4.

§ 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement.

§ 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of

y disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend i tself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors ar e subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8.

§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision lega l and enforceable. In such case the Agreement shall be construed, to the ful lest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement.

ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) .2 Percentage Basis (Insert percentage value) Five 5 % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6.

.3 Other (Describe the method of compensation) § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services

culated in accordance with Section 11.6.

.3 Other (Describe the method of compensation) § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.)

§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)

§ 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.)

§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 21 Schematic Design Phase Ten percent (10%) Design Development Phase Fifteen percent (15%) Construction Documents Phase Fifty percent (50%) Procurement Phase Five percent (5%) Construction Phase Twenty percent (20%) Total Basic Compensation One hundred percent 100%) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments s hall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work.

§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

§ 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.

(If applicable, attach a n exhibit of hourly billing rates or insert them below.)

Principal Architect $200.00/hr Project Architect $150.00/hr Senior Cad Draftsman $125.00/hr Clerical $ 65.00/hr

tach a n exhibit of hourly billing rates or insert them below.)

Principal Architect $200.00/hr Project Architect $150.00/hr Senior Cad Draftsman $125.00/hr Clerical $ 65.00/hr § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Pr oject, as follows: .1 Transportation and authorized out -of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by author ities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Rende rings, physical models, mock -ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner , and with the Owner’s prior written approval, the Architect’s consultants’ expenses of pr ofessional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbu rsable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other simila r Project -related expenditures.

Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other simila r Project -related expenditures.

§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.

The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may n ot be used without permission. This draft was produced by AIA software at 17:04:17 ET on 11/21/2022 under Order No.2114313746 which expires on 04/19/2023, is not for re sale, is licensed for one -time use only, and may only be used in accordance with the AIA Con tract Documents® Terms of Service. To report copyright violations, e -mail [email protected] .

User Notes: (927421807) 22 § 11.9 Architect’s Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order t o satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.)

§ 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of ten thousand ($10,000) shall be made upon execution of this Agreement and is the

burse the Architect.)

§ 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of ten thousand ($10,000) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’ s account in the final invoice.

§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initia l payment to the Architect of PGA&W shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments t o the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred.

§ 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Paym ents are due and payable upon presentation of the Architect’s invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.

(Insert rate of monthly or annual interest agreed upon.)

% § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless th e Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.

§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and

es or has been found liable for the amounts in a binding dispute resolution proceeding.

§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourl y rates shall be available to the Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.)

ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect.

§ 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101 ™–2017, Standard Form Agreem ent Between Owner and Architect .2 AIA Document E203 ™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203 -2013 incorporated into this agreement. ) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.)

[ ] AIA Document E204 ™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204 -2017 incorporated into this agreement.)

TOOELE CITY CORPORATION RESOLUTION 20 22-97 A RESOLUTION OF THE TOOELE CITY COUNCIL AUTHORIZING PAYMENT OF A FEE-IN-LIEU OF WATER RIGHTS CONVEYANCE FOR GARDNER BATT TOOELE LAND HOLDINGS, LLC .

WHEREAS, Tooele City Code Chapter 7 -26 governs the exaction by Tooele City of water rights as a condition of land use approval (see also UCA 10 -9a-508); and,

RDNER BATT TOOELE LAND HOLDINGS, LLC .

WHEREAS, Tooele City Code Chapter 7 -26 governs the exaction by Tooele City of water rights as a condition of land use approval (see also UCA 10 -9a-508); and, WHEREAS, TCC Section 7 -26-2(2) empowers the City Council to adopt a legislative policy allowing for the payment of a fee in lieu of water rights conveyance : “Fee-in-lieu. Pursuant to established City Council policy, in lieu of actual conveyance of water rights pursuant to this Chapter, certain development applicants may pay to the City an amount per acre -foot for access to water rights controlled by the City in a quantity necessary to satisfy the anticipated future water needs of the proposed development to be served and supplied by the City water system ”; and, WHEREAS, on May 18, 2022, the City Council approved Resolution 2022 -29, adopt ing an updated fee-in-lieu of water rights conveyance policy referred to in TCC 7 26-2(2), with an effective date of June 1, 2022 (with the original policy being adopted in 2007) (see the June 1 policy attached as Exhibit B); and, WHEREAS, the June 1 policy encourages t he consideration of at least the following factors in considering requests to pay the fee -in-lieu: • The number of acre -feet of water rights requested.

• The availability of City -owned water rights and corresponding water sources.

• The number of jobs the develo pment is anticipated to create, together with the nature of the jobs (e.g., full -time) and job compensation (e.g., wage levels, benefits).

• The amount of sales tax the development is anticipated to generate.

• The amount of property tax the development is ant icipated to generate.

• The anticipated environmental , social , and community impacts of the development.

development is anticipated to generate.

• The amount of property tax the development is ant icipated to generate.

• The anticipated environmental , social , and community impacts of the development.

WHEREAS, the City Council retains sole and exclusive legislative discretion in deciding to allow the payment of the fee -in-lieu; and, WHEREAS , Tooele C ity received from Gardner Batt Tooele Land Holdings, LLC (“Gardner Batt”) a letter dated October 18 , 2022, requesting the allocation of City-owned municipal water rights to the Gardn er-Batt Development project , or, in other words, requesting to pay the fee -in-lieu rather than convey water rights (the “ Development ”); and, WHEREAS, the City Council’s authorization allowing Gardner Batt to pay to Tooele City a fee in lieu of conveying up to 20 acre -feet of municipal rights is conditioned upon Gardner Batt obtaining City approval of a site plan, City approval of a first buildi ng permit, and commencement of vertical construction of a first building within two years of the date of approval of this Resolution, unless the City Council, in its sole discretion, decides in a public meeting to extend this two-year deadline or modify these conditions; and, WHEREAS, the Development will consist of the construction of three industrial concrete tilt -up building s, with the tenant s currently being unknown. Gardner Batt will solicit this building to distribution occupiers who use minimal wa ter; and, WHEREAS, Gardner Batt’s proposal addresses the policy considerations identified above and in the June 1 policy in the following ways: • Gardner Batt is requesting 20 acre-feet of water.

• Gardner Batt has committed to recruiting only low -water user s such as warehouse users.

ied above and in the June 1 policy in the following ways: • Gardner Batt is requesting 20 acre-feet of water.

• Gardner Batt has committed to recruiting only low -water user s such as warehouse users.

• Provides water for Phase 1 (see Exhibit A) that is anticipated to spur additional commercial development and community benefit.

• Construction of one 161,000 square foot building, one 171,500 square foot building, and one 23,800 sq uare foot building.

• Demonstrates that Gardner Batt is willing to reduce outdoor landscaping water needs as possible within city code.

NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that , in light of the legislative policies and considerations d iscussed above, the City Council hereby finds that the request of Gardner Batt complies fully with the City Council’s June 1, 2022, policy, and hereby authorizes the payment of the fee -in-lieu of water rights in place of conveyance of 20 acre-feet of munic ipal water rights, for the fee amount established in the June 1 policy of $35,000 per acre -foot.

This Resolution is necessary for the immediate preservation of the peace, health, safety, or welfare of Tooele City and shall become effective upon passage, w ithout further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against)

TOOELE CITY MAYOR (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, Tooele City Attorney Exhibit A October 18 , 2022, Letter Gardner Batt Confidential Information –Not for Circulation or Distribution Tooele Water RightsInformationalDecember 2022 Confidential Information –Not for Distribution or Circulation2 SITE PLANPHASE1 Confidential Information –Not for Distribution or Circulation3 SITE PLANPHASE 1-3 Phase 3 –1,452,648 building square feet80 acre-feetPhase 2 –1,018,980 building square feet60 acre-feetPhase 1 –356,300 building square feet20acre-feet Approximately half of all water requirement is from irrigational use.The requested water rights are based on minimal water usage forindustrial buildings. Simply bathrooms and drinking water only. If there is a tenant that needs more water, Gardner Batt will have to request additional rights from the city and allow for deal specific approvals.

ldings. Simply bathrooms and drinking water only. If there is a tenant that needs more water, Gardner Batt will have to request additional rights from the city and allow for deal specific approvals.

423 West Broadway, Suite 230 Salt Lake City, Utah 84101 October 18, 2022 Water Request Letter for GB Tooele Land Holdings, LLC Dear Mayor Debbie Winn, Gardner Batt, as the managing partner in GB Tooele Land Holdings, would like to request 14.22 acre-feet of water from the City of Tooele for an industrial development within city limits. The current site plan, contained in Exhibit A, is located on the east side of SR-112, and north of the Bolinder mining operations. The proposed site will consist of a 154,000 square foot industrial concrete tilt-up building, with the tenant currently being unknown. Gardner Batt will be soliciting this building to distribution occupiers. The distribution user will use minimal water, and the water being requested is for drinking and landscaping. Per the water request and calculation, 8.28 acre-feet is being requested for drinking water and 5.94 acre-feet is required for irrigation water. Due to the minimal water along the Wasatch Front, Gardner Batt would like to have conversations with the city to minimize the amount of irrigatable landscaping within the site and bring this water requirement down. Gardner Batt greatly appreciates the City of Tooele and the opportunity to help grow the community. This initial site is the initial phase of a ~600-acre industrial masterplan that will bring businesses and jobs to the City of Tooele. We are excited to participate in the growth of Tooele and we work together to make this plan a reality. Thank you for your support and we look forward to hearing back from you. Regards, Gardner Batt

are excited to participate in the growth of Tooele and we work together to make this plan a reality. Thank you for your support and we look forward to hearing back from you. Regards, Gardner Batt Exhibit A Site Plan Exhibit B June 1, 2022, Fee -in-lieu Policy TOOELE CITY CORPORATION RESOLUTION 20 22-103 A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING AND RATIFYING AN AGREEMENT WITH ALL-TECH ELECTRIC FOR WORK ON PAVILIONS AT ENGLAND ACRES PARK AND WIGWAM PARK .

WHEREAS, the City Administration, including the Director of Parks and Recreation, has recommend ed to the City Council the construction of pavilions at England Acres Park and Wigwam Park (“Project”) to improve the parks and recreation experience at these two parks ; and, WHEREAS, the City put the Project out to bid in accordance with the procedures of §11 -39-101 et seq., Utah Code Annotated, as amended ; and, WHEREAS, on August 18, 2021, the City Council approved Resolution 2021 -84, approving an agreement with Pine Tree Construction for the Project; and, WHEREAS, the City has terminated the agreement with Pine Tree Construction, has paid Pine Tree in full satisfaction for its work, and now desires to complete the Project by contracting direct ly with its own subcontractors, including All -Tech Electric, which has done substantial work on the Project; and, WHEREAS, a proposed agreement with All -Tech to complete work on the Project is attached as Exhibit A: NOW, THEREFORE, BE IT RESOLVED BY TH E TOOELE CITY COUNCIL that the Agreement (Exhibit A) with All-Tech Electric for the Project is hereby approved and ratified , in the amount of $ 46,665.00 .

This Resolution is in the best interest of the health, safety, and general welfare of

hibit A) with All-Tech Electric for the Project is hereby approved and ratified , in the amount of $ 46,665.00 .

This Resolution is in the best interest of the health, safety, and general welfare of Tooele City and its residents and visitors, and shall become effective immediately upon passage, without further publication, by authority of the Tooele City Charter.

IN WITNESS WHE REOF, this Resolution is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against) MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, City Attorney Exhibit A Agreement with All -Tech Electric TOOELE CITY CORPORATION RESOLUTION 20 22-104 A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING AND RATIFYING AN AGREEMENT WITH QUEST MECHANICAL FOR WORK ON PAVILIONS AT ENGLAND ACRES PARK AND WIGWAM PARK .

WHEREAS, the City Administration, including the Director of Parks and Recreation, has recommend ed to the City Council the construction of pavilions at England Acres Park and Wigwam Park (“Project”) to improve the parks and recreation experience at these two parks ; and, WHEREAS, the City put the Project out to bid in accordance with the procedures

t England Acres Park and Wigwam Park (“Project”) to improve the parks and recreation experience at these two parks ; and, WHEREAS, the City put the Project out to bid in accordance with the procedures of §11 -39-101 et seq., Utah Code Annotated, as amended ; and, WHEREAS, on August 18, 2021, the City Council approved Resolution 2021 -84, approving an agreement with Pine Tree Construction for the Project; and, WHEREAS, the City has terminated the agreement with Pine Tree Construction, has paid Pine Tree in full satisfaction for its work, and now desires to complete the Project by contracting direct ly with its own subcontractors, including Quest Mechanical , which has done substantial work on the Project; and, WHEREAS, a proposed agreement with Quest Mechanical to complete work on the Project is attached as Exhibit A: NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE CITY COUNCIL that the Agreement (Exhibit A) with Quest Mechanical for the Project is hereby approved and ratified , in the amount of $ 36,552.00.

This Resolution is in the best interest of the health, safety, and general welf are of Tooele City and its residents and visitors, and shall become effective immediately upon passage, without further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against)

MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, City Attorney Exhibit A Agreement with Quest Mechanical TOOELE CITY CORPORATION RESOLUTION 20 22-106 A RESOLUTION OF THE TOOELE CITY COUNCIL APPROVING A N AGREEMENT WITH LEGRAND JENSEN , INC., TO INSTALL A BULK WATER FILL STATION AT THE WATER RECLAMATION FACILITY .

WHEREAS, Tooele City o wns and operate s a water reclamation facility (aka wastewater treatment plant —the “Plant”), which produces tertiary -level treat ed reuse water; and, WHEREAS, due to prolonged drought and the scarcity of culinary water in Tooele City, the City as a gen eral rule does not sell bulk culinary water, but does sell bulk treated reuse water, obtain ed at the Plant , which is acceptable for most industrial processes ; and, WHEREAS, to efficiently provide treated reuse water to pu rchasers, a n improved bulk water fill station at the Plant is necessary; and, WHEREAS, following an appropriate competitive bidding process, the City has selected LeGrand Jensen, Inc., to install the bulk water fill station, for a price of $49,424 .00 (exclusi ve of asphalt preparation and installation, and fencing, which will be installed pursuant to separate agreements) : NOW, THEREFORE, BE IT RESOLVED BY T HE TOOELE CITY COUNCIL that

$49,424 .00 (exclusi ve of asphalt preparation and installation, and fencing, which will be installed pursuant to separate agreements) : NOW, THEREFORE, BE IT RESOLVED BY T HE TOOELE CITY COUNCIL that the agreement (attached hereto as Exhibit A) with LeGrand Jensen, Inc., for installation of the bulk water fill station, in the amount of $ 49,424.00 , is hereby approved , and that the Mayor is hereby authorized to sign the same .

This Resolution shall become ef fective upon passage, without further publication, by authority of the Tooele City Charter.

IN WITNESS WHEREOF, this Resolution is passed by the Tooele City Council this TOOELE CITY COUNCIL (For) (Against) MAYOR OF TOOELE CITY (Approved) (Disapproved) ATTEST: Michelle Y. Pitt, City Recorder Roger Evans Baker, City Attorney Exhibit A LeGrand Jensen, Inc., Agreement Page | 1 Recorder’s Office Tooele City Council and the Tooele City Redevelopment Agency Work Meeting Minutes Date: Wednesday, December 7 , 202 2 Time: 5:30 p.m.

Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele, Utah City Council Members Present: Justin Brady Maresa Manzione David McCall Tony Graf Ed Hansen City Employees Present: Mayor Debbie Winn

ele City Hall, Council Chambers 90 North Main Street, Tooele, Utah City Council Members Present: Justin Brady Maresa Manzione David McCall Tony Graf Ed Hansen City Employees Present: Mayor Debbie Winn Jim Bolser, Community Development Director Adrian Day, Police Department Chief Roger Baker, City Attorney Shannon Wimmer, Finance Director Michelle Pitt, City Reco rder Holly Potter, Deputy City Recorder Jami Grandpre, Public Works Director Paul Hansen, City Engineer Jared Stewart, Economic Development Director Minutes prepared by Katherin Yei 1. Open City Council Meeting Chair man Brady called the meeting to order at 5:30 p.m.

2. Roll Call Justin Brady, Present Maresa Manzione, Present David McCall, Present Tony Graf, Present Ed Hansen, Present 3. Mayor’s Report Mayor Winn reported on the following: The City Library is now open over 52 hours Monday -Saturday .

Staff attended Ken’s Gym ground breaking with the tentative schedule of being finished in August 2023 .

Page | 2 Recorder’s Office 4. Council Member’s Report The Council Members reported on the events they attended during the week.

5. Discussion Items A. Internal Audit Report Presented by Johnathon Jensen, WSRP Certified Public Accountants Mr. Jensen presented the Internal Audit Report done by WSRP Certified Public Accountants.

They identified risk and controls, identifying 29. As the testing concluded, no significant issues had been identified. They do recommend the City has a formal process in place to properly document when items become in service. Testing will continue throughout remote parts of the City where there is cash exchange.

B. Water Fee -in-Lieu Guidelines Presen ted by Jared Stewart, Economic Development Director

s become in service. Testing will continue throughout remote parts of the City where there is cash exchange.

B. Water Fee -in-Lieu Guidelines Presen ted by Jared Stewart, Economic Development Director Mr. Stewart presented guidelines for water fee -in-lieu. A few items listed in the guidelines for considerations include the following: Capital investment , expected sales tax, acreage, job creation , new b usiness or expansion, and expended industry. There is discussion on approving these items through resolution.

The Council had a discussion and asked the following questions : What is the average of 120% for wage?

Are there other Cities that have guidelin es?

Is there a structure in place, to make sure they are following the guidelines with business performance?

Is there something in place to help monitor the amount used and if they go over the amount they paid for?

When a business wants to come to the co mmunity, are they surprised by the water steps taken within the community?

It does not have to be all or nothing, but it does give the City a starter point. This is a case by case situation. They would like to see case studies within the document to help guide the discussion and decision.

Mr. Stewart addressed the Council. 120% of average wage is $30 an hour. The City wants to encourage quality of life and keeping residents in Tooele. Many other Cities are apart of water districts and are not direct wate r providers. The did try to put in past business th at the City has granted fee -in-lieu, but each business is different. They are able to track water usage through meters, but not guide what is used through business performance. There is value in helping a business grow. These guidelines could be shared with potential developers. It is something new,

age through meters, but not guide what is used through business performance. There is value in helping a business grow. These guidelines could be shared with potential developers. It is something new, but the City does try to communicate early in the process so there is not a surprise.

Mr. Baker addressed the Council regarding other Cities. The communities that are direct water providers, they often include the water rights in the impact fee. When the City provides Page | 3 Recorder’s Office incentives, they make every effort to make sure they are post -performance incentives. The City code does allow the City to bill businesses for th e additional water used over the amount paid for. It holds the business accountable for water use. Mr. Baker recommended the fee -in-lieu policy be updated allowing the Council to have more discretion. As well as, incorporate these guidelines to have it all in one place. The fee is not set to establish market value, but encourage developers to find other water resources. Paying the City for water rights was intended to be a last resort.

Mayor Winn spoke on the potential document for when a request comes. Ev ery business needs to be considered independently. If the City does not allow water -in-lieu, businesses won’t come.

They want to be able to have a base line that identifies all of the topics. The City is in a unique position by allowing water fee -in-lieu.

C. New Commercial Development by Gardner Batt Presented by Jared Stewart, Economic Development Director Mr. Stewart presented a new commercial development by Gardner Batt . The development has 3 phases. Phase 1 is the smallest approximation of water, acr e per feet. The question the Council needs to consider is if they should approve by phase or as a whole business park development.

ent has 3 phases. Phase 1 is the smallest approximation of water, acr e per feet. The question the Council needs to consider is if they should approve by phase or as a whole business park development.

The Council asked the following questions: There could be heavy water users . Is there a way to track that? Time becomes com plicated when there is a long -time line.

Mr. Stewart addressed the Council. If there is a request for additional water than what was approved, Gardner Batt will come to the City to request more water.

The applicant spoke to the Council. The initial quot e had a mix up in the site plan. They have reworked the site plan and recalculated the water use. The phasing is strategic based on working with UDOT and infr astruc ture. Phase one can be built as is. Phase two needs additional infrastructure. Phase three i s working with UDOT. The plan is to br eak ground in early spring with a 12 -month build. The tenant leasing is a huge factor in how fast they move. The amount they are requesting is the minimum amount. A portion of the asked water amount, is for irrigation usage.

Mayor Winn addressed the Council. The RDA has looked at this idea for the business park. Not knowing what businesses w ill come, they guarantee water to the developers; allowing them to come back for additional water. The question is, h ow many acre /feet are they willing to allow the business to start with, before coming back for additional when business fill the buildings. The requirement for outdoor landscape does need to be reduced and is being revised.

The Council is comfortable approving phase s. They need to show that the City will see the phases through.

Page | 4 Recorder’s Office D. Land Use Map Amendment Request by Craig Mills to Reassign Approximately 97.383

comfortable approving phase s. They need to show that the City will see the phases through.

Page | 4 Recorder’s Office D. Land Use Map Amendment Request by Craig Mills to Reassign Approximately 97.383 Acres Located at 1825 South 11th Avenue from the Regional Commercial Land Use Category to the Industrial Lan d Use Category Presented by Jim Bolser, Community Development Director Mr. Bolser presented a Land Use Map Amendment for the trailer park property located behind the County Jail. This property was inherited by the City from the Army base. The zoning map identifies it as RR -1, Rural Residential. The Land Use identifies it as Regional Commercial with the request to change it to Industrial. The applicant would like to expand the trailer park. The Army Depot will be providing utility service to the site. The a pplicant would have to work with the Army Depot for additional utilities or put in money to line the systems to this property. There are a number of public safety concerns, including fire, for the site. The City code does not allow construction or expansio n of mobile home parks. The I, Industrial, does have a conditional use allowance for a campground to be constructed ; which an RV park can arguably be considered a camp ground.

The Council asked the following questions : Is there going to be conformity to what is constructed?

Has a formal application been done?

Mr. Bolser addressed the Council. The property owner did start constructing additional RV pads without permits. The City did halt that work. There are some conformity issues based on history.

The Planning Commission will see this application. Then the Council would see it again. The Army is not looking to expand utilities for this property.

The Council shared not being in favor of this item.

e Planning Commission will see this application. Then the Council would see it again. The Army is not looking to expand utilities for this property.

The Council shared not being in favor of this item.

6. Closed Meeting - Litigation, Property Acquisition, and/or Personnel There is no closed meeting.

7. Adjourn Chair man Brady adjourned the meeting at 6:44 p.m.

The content of the minutes is not intended, nor are they submitted, as a verbatim transcription of the meeting. These minutes are a brief overvi ew of what occurred at the meeting.

Justin Brady , City Council Chair Page | 1 Recorder’s Office Tooele City Council Business Meeting Minutes Date: Wednesday, December 7 , 2022 Time : 7:00 p.m.

Place: Tooele City Hall, Council Chambers 90 North Main Street, Tooele, Utah City Council Members Present: Ed Hansen Justin Brady Maresa Manzione Tony Graf Dave McCall City Employees Present: Mayor Debbie Winn Jim Bolser, Community Development Director Adrian Day, Police Department Chief Roger Baker, City Attorney Shannon Wimmer, Finance Director Michelle Pitt, City Recorder Holly Potter, Deputy City Recorder Jami Grandpre, Public Works Director Paul Hansen, City Engineer Darwin Cook, Parks and Recreation Director Jared Stewart, Economic Development Director Kami Perkins, HR Director Minutes prepared by Katherin Yei Chairman Brady called the meeting to order at 7:0 0 p.m.

1. Pledge of Allegiance The Pledge of Allegiance was led by Chairman Brady.

2. Roll Call Tony Graf, Present Ed Hansen, Present Justin Brady, Present Maresa Manzione, Present Dave McCall, Present 3. Public Comment Period Chris Sloan sha red positive feedback from a citizen about the great community and the first

ansen, Present Justin Brady, Present Maresa Manzione, Present Dave McCall, Present 3. Public Comment Period Chris Sloan sha red positive feedback from a citizen about the great community and the first responders.

Page | 2 Recorder’s Office 4. Fiscal Year 2022 Audit Report Presented by Jon Haderlie, Larson & Company Certified Public Accountants Mr. Haderlie presented the fiscal year 2022 audit report completed by Larson & Company Certified Public Accountants. There is a new disclosure in the report that has to be included for what the City and or Finance Department must follow. There were no findings in the annual audit.

5. Ordinance 2022 -38 an Ordinan ce of the Tooele City Council Approving the Annexation Petition of Howard Schmidt, annexing 61.16 Acres of Land into the Tooele City Corporate Limit, and Assigning the R1 -8 Residential Zoning District to the Annexed Propert y Howard Schmidt addressed the C ouncil in regards to the Annexation Petition.

Council Member Hansen motioned to approve Ordinance 2022 -38 an Ordinance of the Tooele City Council Approving the Annexation Petition of Howard Schmidt, annexing 61.16 Acres of Land into the Tooele City Corpo rate Limit, and Assigning the R1 -8 Residential Zoning District to the Annexed Property. Council Member Manzione seconded the motion. The vote was as follows: Council Member Hansen, “ Aye,” Council Member Graf, “Nay,” Council Member Brady, “Aye,” Council Mem ber Manzione, “Aye,” Council Member McCall, “ Nay.” The motion failed .

6. Ordinance 2022 -39 an Ordinance of Tooele City Amending the Tooele City Policies and Procedures Manual Presented by Kami Perkins, Human Resources Director Ms. Perkins presented on t he amendments to the Tooele City policies and procedures manual.

Amending the Tooele City Policies and Procedures Manual Presented by Kami Perkins, Human Resources Director Ms. Perkins presented on t he amendments to the Tooele City policies and procedures manual.

The most substantial change being proposed is to the holiday and compensation policy for the police department and a proposal to “buy -back” officers’ holiday hours at straight time in lieu of requiring them to select another normally scheduled work day to take off for their holiday benefit. There is an amendment to the City vehicle and driving policy, specifically for the Fire Chief and Fire Marshal with a modification to the verbiage by allow ing passengers in the vehicles.

The Council asked the following questions: Does the injury section in regards to the personal use of those vehicles, apply to the fire vehicles as well?

Ms. Perkins addressed the Council. There is a release that the polic e officers and parents have to sign to be allowed in the vehicle.

Council Member Manzione motioned to approve Ordinance 2022 -39 an Ordinance of Tooele City Amending the Tooele City Policies and Procedures Manual including the changes as stated. Council M ember McCall seconded the motion. The vote was as follows: Page | 3 Recorder’s Office Council Member Hansen, “ Aye,” Council Member Graf, “ Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed .

7. Resolution 2022 -95 a Res olution of the Tooele City Council Approving an Agreement with Mountain States Fence to Install Perimeter Fencing at Several Tooele City Facilities Presented by Jamie Grandpre, Public Works Director Mr. Grandpre presented an agreement with Mountain State Fencing to install perimeter fencing

tall Perimeter Fencing at Several Tooele City Facilities Presented by Jamie Grandpre, Public Works Director Mr. Grandpre presented an agreement with Mountain State Fencing to install perimeter fencing at Tooele City facilities including tanks, wells, public works facility, and the parks and rec building. The cost is $355,290 with 10% contingency coming from Water and Parks accounts.

The fence will be a 6 -foot chain -link and barb wire with additional features to blend within the community. The money from the well -7 upgrade will be going towards this project. There are a few locations that have poor fence or make shift fence that needs to be replaced.

Council Member M anzione motioned to approve Resolution 2022 -95 a Resolution of the Tooele City Council Approving an Agreement with Mountain States Fence to Install Perimeter Fencing at Several Tooele City Facilities. Council Member Graf seconded the motion. The vote was a s follows: Council Member Hansen, “ Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed .

8. Resolution 2022 -96 a Resolution of the Tooele City Council Approving an Agreement with J -U-B Engineers for the Water Reclamation Facility Master Plan Update Presented by Jamie Grandpre, Public Works Director Mr. Grandpre presented an agreement with J -U-B Engineers for a master plan update for the treatment plant. Projects hav e been updated within the master plan , but they would like to get an update to plan for the future.

Chairman Brady motioned to approve Resolution 2022 -96. Council Member McCall seconded the motion. The vote was as follows: Council Member Hansen, “ Aye,” C ouncil

an update to plan for the future.

Chairman Brady motioned to approve Resolution 2022 -96. Council Member McCall seconded the motion. The vote was as follows: Council Member Hansen, “ Aye,” C ouncil Member Graf, “ Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed .

9. Resolution 2022 -98 a Resolution of the Tooele City Council Authorizing Payment of a Fee-in-Lieu of Water Rights Con veyance for an Existing Business, Tooele Gymnastics Presented by Jared Stewart, Economic Development Director Mr. Stewart presented a fee -in-lieu for Tooele Gymnastics for 2.8 acre/feet. They employ 75 people with an increase of $1.5 million revenue. They will have 107 paved parking spots at their new location.

The Council asked the following : Will they be bringing in outside competitions?

Page | 4 Recorder’s Office Mayor Winn addressed the Council. The business did m ention several groups that will be using the facility, as well as added classes.

Council Member Graf motioned to approve Resolution 2022 -98 a Resolution of the Tooele City Council Authorizing Payment of a Fee -in-Lieu of Water Rights Conveyance for an Existing Business, Tooele Gymnastics. Council Member McCall second ed the motion. The vote was as follows: Council Member Hansen, “ Aye,” Council Member Graf, “ Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.”

The motion passed .

10. Resolution 2022 -101 a Resolution of the To oele City Council Approving a Telecommunications Franchise Agreement with All West/Utah, Inc.

Presented by Jared Stewart, Economic Development Director Mr. Stewart presented an agreement with All West/Utah, Inc. to expand fiber in Tooele allowing

ns Franchise Agreement with All West/Utah, Inc.

Presented by Jared Stewart, Economic Development Director Mr. Stewart presented an agreement with All West/Utah, Inc. to expand fiber in Tooele allowing better i nternet speed. This allows them to expand throughout the community. They are looking to have this project finished by the end of 2023.

Council Member Manzione motioned to approve Resolution 2022 -101 a Resolution of the Tooele City Council Approving a Tel ecommunications Franchise Agreement with All West/Utah, Inc. Council Member McCall seconded the motion. The vote was as follows: Council Member Hansen, “ Aye,” Council Member Graf, “ Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed .

11. Resolution 2022 -100 a Resolution of the Tooele City Council Amending the Tooele City Fee Schedule for the Pratt Aquatic Center Presented by Darwin Cook, Parks & Recreation Director Mr. Cook presented the amen ded fee schedule for the Pratt Aquatic Center.

Council Member McCall motioned to approve Resolution 2022 -100 a Resolution of the Tooele City Council Amending the Tooele City Fee Schedule for the Pratt Aquatic Center .

Council Member Manzione seconded the motion. The vote was as follows: Council Member Hansen, “Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed.

12. Resolution 2022 -102 a Resolution of the Tooele Cit y Council Approving an Agreement with Utah Flooring & Design for Carpet Replacement in Tooele City Hall Presented by Darwin Cook, Parks & Recreation Director Mr. Cook presented an agreement with Utah Flooring & Design for carpet replacement in Tooele

g & Design for Carpet Replacement in Tooele City Hall Presented by Darwin Cook, Parks & Recreation Director Mr. Cook presented an agreement with Utah Flooring & Design for carpet replacement in Tooele City Hall in the amount of $43,481.23. It will include the administration suite, parks and recorders office, public works office, and upstairs hallway. The funding is from the 41 -Capitol project fund.

Page | 5 Recorder’s Office Chairman Brady motioned to approve Resolution 2022 -102. Council Member Hansen seconded the motion. The vote was as follows: Council Member Hansen, “Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed.

13. Resolution 2022 -99 a Resolution of the Tooele City Council Authorizing the Tooele City Purchasing Agent to Dispose of Surplus Personal Property Presented by Michelle Pitt, City Recorder Ms. Pitt presented the disposal of surplus personal property including wood chairs, metal chairs, and pool tables. These items need to be declared surplus in order to sell or dispose of the items.

Council Member Graf motioned to approve Resolution 2022 -99, a Resolution of the Tooele City Council Authorizing the Tooele City Purchasing A gent to Dispose of Surplus Personal Property . Council Member McCall seconded the motion. The vote was as follows: Council Member Hansen, “Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed.

14. Invoices & Purchase Orders Ms. Pitt presented the following invoices: SKM for SCADA System update in the amount of $32,855.

Boys and Girls Club for Fire Suppression Installation in the amount of $ 50,000.

ices & Purchase Orders Ms. Pitt presented the following invoices: SKM for SCADA System update in the amount of $32,855.

Boys and Girls Club for Fire Suppression Installation in the amount of $ 50,000.

Broken Arrow for England Acres Pavilion in the amount of $35, 455.62 .

Council Member Hansen motioned to approve the invoices. Council Member McCall seconded the motion. The vote was as follows: Council Member Hansen, “Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” Council Member McCall, “Aye.” The motion passed.

15. Minutes There are no changes to the minutes.

Chairman Brady motioned to approve Minutes. Council Member Graf seconded the motion.

The vote was as follows: Coun cil Member Hansen, “Aye,” Council Member Graf, “Aye,” Council Member Brady, “Aye,” Council Member Manzione, “Aye,” The motion passed.

16. Adjourn Chairman Brady adjourned the meeting at 7:53pm.

The content of the minutes is not intended, nor are the y submitted, as a verbatim transcription of the meeting. These minutes are a brief overview of what occurred at the meeting.

Page | 6 Recorder’s Office Justin Brady, City Council Chair