county attorney - utah · 2018-11-02 · dui and/or high bac. ... • statewide initiative to...

County Attorney

SERVICES PROVIDEDCHANGES IN SERVICE LEVELS

▪ Representation of the Special Service Districts is taking a higher proportional share of attorney time within the Civil Division.

▪ CJC Director’s job description and minimum qualifications were enhanced significantly.

DESCRIPTION OF SERVICES

▪ Criminal Prosecution

▪ Civil Legal Services▫ County▫ Special Service Districts

▪ Victim Services▫ Victim Advocate▫ Children’s Justice Center

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3

1105931

1320

1853

169241

260

337

118

54

60

2015 2016 2017 2018 (EST.)

Civil Action Items Completed

County Special District Personnel

4

0

20

40

60

80

100

120

140

160

180

2015 2016 2017 2018 (est.)

After Hours Meetings (Civil Division)

Meetings

Decisions PointsCivil Attorney FTE▪ Increased civil attorney

workload = additional FTE.

▪ No new civil attorney positions for last 17 years.

▪ Interlocal Agreements (2016) enacted to defray the costs of legal representation ($60,000 per year).

▪ The Manager has begun the process to increase these fees, which are reflected in his 2019 budget.

▪ The Manager’s budget does reflect this new FTE.

CJC Director Salary▪ The CJC Director’s job

description was enhanced to require a college degree. This has necessitated an increase in salary from $48,214 to $62,400.

▪ The Manager’s budget does not reflect this increase.

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SERVICE DISTRICT REVENUES2018 FEES *2019 FEES

Interlocal Agreements $60,000 $120,000

Total $60,000 $120,000

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*2019 budgets of Mountain Regional Water, Snyderville Basin Special Recreation District, and Park City Fire are proposed to include the increase in fees. These changes are reflected in the Manager’s 2019 budget.

EXPENDITURES Salary & Benefits Travel & Training

Professional Licensing

Phone & Equipment

Deputy Attorney I $96,586* $2,000* $500* $2,600*

CJC Director $94,847** Grants Grants Grants

TOTAL $191,433 $2,000 $500 $2,600

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*Reflected in Manager’s 2019 budget. **Manager’s 2019 budget does not reflect $14,186 salary increase.

THANKS!Any questions?You can find me at:[email protected]

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Summit County Justice Court 2018

SERVICES PROVIDEDCHANGES IN SERVICE LEVELS

We anticipate:

• The same level of case filings in 2019• Increase case reviews and supervision • Decrease in fine revenues (see

challenges/issues/opportunities)

DESCRIPTION OF SERVICES:

The Summit County Justice Court has jurisdiction over all traffic violations, infractions and Class B and C Misdemeanors which occur in Summit County. This includes citations issued at the Port of Entry and wildlife and boating violations occurring in our recreational areas.

In addition to the traffic and criminal matters, the court also has jurisdiction of all Small Claims civil matters filed in Summit County. Jurisdiction of the Small Claims court is limited to matters under $11,000 for money damages only. A pool of local attorneys volunteer to serve as Judge Pro Tems to hear these cases.

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CHALLENGES, ISSUES & OPPORTUNITIESChallenges• Lack of adequate mental health and

substance abuse treatment and facilities in Summit County.

• No inpatient beds in the County.

• No detox facility• Limited capacity at current

mental health providers

• Access and costs• Supervision of offenders. Supervised

Probation statutorily required for 2ndDUI and/or high BAC.

• Reduced revenues requirements for community service.

• No conference room for mediation or Attorney client visits.

Issues

• The Justice Court continues to see many DUI’s, drug related offenses and other alcohol related offenses. Treatment options are limited in this county. Probation services are working but are about at capacity.

• $$ Court revenues are flat and declining.

• Space needs for a conference or meeting room at the Justice Center.

Opportunities

• VBH contract renegotiation• Competition from other

treatment providers

• Continued and expanded probation services

• Create a county work program for community service. Teach skills and pride in the Community.

• File room empty, could become meeting space/conference room.

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FUTURE & KEY DECISION POINTS• Additional, mental health/substance abuse services in Summit County.

• VBH contract renewal• Other treatment providers enter Summit County Market• Inpatient treatment/detox beds in the county

• Continued or expand Supervised probation services• Summit County Probation is working but case loads are getting too high. Need additional resources in the

future.

• Summit County Implementation of Community Service program• Revenues will continue to decrease as defendants are offered community service option. Summit County needs

a program to benefit from these service hours.

• Fund expenditure to make conference room in Justice Court‐ Fund some furnishings. (Not approved in the facilities budget.)

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REVENUESFINES Current year fines

JUSTICE COURT FINES $600,000 $476,350

PROSECUTION FINES $40,000 $21,765

Total $640,000 $498,115

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POSSIBLE REVENUE REDUCTION; • HB 248 Requires a court to consider allowing a defendant to do compensatory[community] service in lieu of a

fine for an infraction, Class C or B misdemeanors. This will result in less revenue.• Statewide initiative to eliminate or reduce cash bail and bonds will result in less funds held in Bail Trust and

could result in more failures to appear and lost revenue.• Continue Courts practice of crediting treatment cost towards fines results in less fine revenue.

EXPENDITURES 2018 Budget 2019requested

2019 Committee & Manager tentative

Salaries & Benefits $462,500 $462,152 $459,000

Materials & Supplies $5500 $5500 $5500

Professional & Technical $7000 $9000 $7000

Other line items not included

TOTAL $486,650 $487,652 $482,500

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SIGNIFICANT CHANGES: 1. Increased cost of language interpreters and conflict Judges. Request increase to $90002. With the new DUI law going into affect on December 30th, Jury costs may increase.* Request $2500‐$3000 added to Facilities budget to cut door for a conference room. (Not included in Justice Court, request it be placed in Facilities budget.)

STAFFING LEVELS

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Judge Shauna Kerr

Jana Marchant-Clerk III

Jennie Pyper-Clerk III

Jessica Mattinson-Clerk I

Nicole Crystal- Court Administration

Staffing levels has remained the same since 2000

PRIORITIZATION/GOALS/OBJECTIVES

Professional administration of all

filed cases in a friendly, impartial and

efficient manner.

Participate and facilitate compliance with court orders and

laws to reduce recidivism and change

lives.

Educate and engage the public to reduce future violations and

encourage compliance with existing codes and

laws.

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PERFORMANCE MEASURES

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2017January February March April May June July August September October November December TOTALTraffic Cases Filed 309 299 379 301 445 417 437 405 308 405 356 261 4322Misdemeanor Cases Filed 110 75 74 45 78 78 93 76 55 75 62 69 890Total 419 374 453 346 523 495 530 481 363 480 418 330 5212

Traffic Cases Disposed 348 310 422 345 362 486 442 455 358 376 402 371 4677Misdemeanor Cases Disposed 85 123 108 74 102 119 106 144 69 97 116 82 1225Total 433 433 530 419 464 605 548 599 427 473 518 453 5902

Total Revenue $92,758.24 $91,491.15$104,638.2

6 $81,104.96 $85,104.13$104,769.2

3 $87,440.47 $99,650.19 $89,945.21 $81,809.59 $76,006.44 $72,844.35 $1,067,562.22County Revenue $57,371.67 $58,139.46 $68,689.04 $51,097.30 $53,678.88 $66,422.65 $54,115.51 $61,873.82 $57,769.98 $49,928.29 $47,751.05 $45,679.20 $672,516.85% County Revenue 61.85% 63.55% 65.64% 63.00% 63.07% 63.40% 61.89% 62.09% 64.23% 61.03% 62.83% 62.71% 63.00%

2018January February March April May June July August September October November December TOTALTraffic Cases Filed 419 311 323 370 405 302 370 410 319 348 3577Misdemeanor Cases Filed 83 53 63 64 60 68 99 77 40 67 674Total 502 364 386 434 465 370 469 487 359 415 0 0 4251

Traffic Cases Disposed 393 378 430 406 446 401 346 432 421 422 4075Misdemeanor Cases Disposed 105 83 100 84 84 97 80 106 87 105 931Total 498 461 530 490 530 498 426 538 508 527 0 0 5006

Total Revenue $98,039.65 $79,565.47$100,902.2

1 $75,758.37 $88,260.59 $86,324.27 $77,227.49 $80,776.21 $83,355.60 $79,224.30 $849,434.16County Revenue $60,421.73 $48,886.60 $61,606.86 $46,991.31 $55,411.62 $54,562.25 $46,434.25 $51,056.03 $50,979.57 $50,964.66 $525,314.88% County Revenue 61.63% 61.44% 61.06% 62.03% 62.78% 63.21% 60.13% 63.21% 61.16% 64.33% #DIV/0! #DIV/0! 60.44%

DUI AND SUPERVISED PROBATION DUI/Impaired

Driving

Number of Defendants placed on Summit County Supervised

Probation

2016 130 29

2017 120 35

2018(thru 10/31/2018)

121 19

Current Probationers From the Justice Court 38

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Probation since 2016: 36 Successful18 Unsuccessful15 Converted to Court Probation1 Deceased

THANKS!Any questions?You can find me at:Judge Shauna [email protected]

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Civil Division: 60 N. Main Street $ P.O. Box 128, Coalville, Utah 84017 Telephone (435) 336-3206 Facsimile (435) 336-3287 Criminal Division: 6300 Justice Center Road, Park City, Utah 84098 Telephone (435) 615-3828

Criminal Division PATRICIA S. CASSELL Chief Prosecutor BLAKE HILLS Prosecuting Attorney RYAN P. C. STACK Prosecuting Attorney IVY TELLES Prosecuting Attorney

MARGARET H. OLSON COUNTY ATTORNEY

Civil Division DAVID L. THOMAS Chief Deputy JAMI R.BRACKIN Deputy County Attorney HELEN E. STRACHAN Deputy County Attorney

MEMORANDUM

To: County Council

From: Margaret Olson, County Attorney

Date: October 31, 2018

RE: Justice Court Recertification

1. State statute requires that the Summit County Justice Court be recertified every four (4) years by the Utah Judicial Council. As a part of that recertification, the County makes application to the Utah Judicial Council.

2. The application is in three parts:

a. Affidavit from the Justice Court Judge; in this case Judge Kerr. b. A legal opinion from the County Attorney; in this case myself, through this

legal memorandum. c. A resolution from the County Council.

3. The legal opinion sets forth the standards for recertification and the feasibility of maintaining a Justice Court. The Affidavit shows compliance with those standards. The Resolution is the affirmation by the County that the standards have been fulfilled and that the County is willing to meet all requirements for the operation of the Justice Court during the next four (4) year certification period.

4. What follows are the legal requirements for recertification of the Summit County Justice Court, a Class I Court:

Civil Division: 60 N. Main Street $ P.O. Box 128, Coalville, Utah 84017 Telephone (435) 336-3206 Facsimile (435) 336-3287 Criminal Division: 6300 Justice Center Road, Park City, Utah 84098 Telephone (435) 615-3828

a. The Justice Court must have 501 or more citations or cases filed per month. b. The Justice Court must be open full time and have a full time Justice Court

Judge. c. The Justice Court must have a dedicated courtroom (with juror deliberation

room), judge’s chambers, clerk’s office, and meet the master plan guidelines adopted by the Judicial Council (which includes the co-location of the clerk’s office and judge’s chambers).

d. The Justice Court must have at least three (3) full time clerks. e. The Justice Court must have a prosecutor to screen cases and represent the

County at trial. f. The County must provide adequate funding to provide indigent defense

counsel for any defendant who requests representation and qualifies. g. The Justice Court must have access to the Utah Code, local ordinances, the

Justice Court Manual, the Code of Judicial Administration, the Uniform Bail Schedule, and any other legal resources required by Utah Code § 78A-7-214.

h. The County must have at least one employed or contracted peace officer. i. The County must provide a sworn law enforcement officer to attend court

when required and to provide security for the court. j. The Justice Court must have a Court Security Plan that has been submitted

consistent with C.J.A. Rule 3-414. k. The County must be responsible for the payment of statutory juror and witness

fees. l. The County must be responsible for the costs of attendance at Judicial Council

mandated training – at least 30 hours per year for the judge, and 10 hours for clerks.

m. The Justice Court must file all reports and audits as required by law or by Judicial Council rule in a timely fashion. Reports to the Driver License Division and the Bureau of Criminal Identification must be made electronically, via the internet.

5. It is my professional legal opinion that it continues to be feasible for Summit County to operate a Justice Court.

6. I have included for your inspection the Affidavit of Judge Kerr and the required Resolution that must be adopted by the Council to complete the application for recertification of the Summit County Justice Court.

Enclosures

Resolution No. 2018 -____

RESOLUTION REQUESTING THE RECERTIFCATION OF THE SUMMIT COUNTY JUSTICE COURT

WHEREAS, the provisions of UCA § 78A-7-103 require that Justice Courts be

recertified at the end of each four-year term; and,

WHEREAS, the term of the present Court shall expire on the 31st day of December

2018; and,

WHEREAS, the members of the Summit County Council have received an opinion

memorandum from Margaret Olson, Summit County Attorney, which sets forth the requirements

for the operation of a Justice Court and opines as to the feasibility of continuing to maintain the

same; and,

WHEREAS, the members of the Summit County Council have determined that it is to

the best interests of Summit County to continue to provide for a Justice Court;

NOW, THEREFORE, be it resolved by the County Council, Summit County, Utah, that

it hereby requests recertification of the Summit County Justice Court by the Justice Court

Standards Committee of the Utah Judicial Council.

BE IT FURTHER RESOLVED that the Summit County Council hereby affirms its

willingness to continue to meet all requirements set forth by the Judicial Council for continued

operation of the Summit County Justice Court for the next four-year term of court, except as to

any requirements waived by the Utah Judicial Council.

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APPROVED AND ADOPTED this ___________ day of November, 2018.

SUMMIT COUNTY COUNCIL SUMMIT COUNTY, UTAH ATTEST:

By:____________________________________ Kim Carson, Chair _____________________ Kent Jones County Clerk

2018 BOE AdjustmentsAccount # Serial # New Market Value Old Market Value MV Difference New Taxable Value Old Taxable Value Taxable Difference

County Tax Dollar Difference Old Tax Estimate % Difference Explanation for adjustment

0400345 WBR-3 150,625.00$ 150,625.00$ -$ 1,067.00$ 150,625.00$ (149,558.00)$ (124.28)$ 1,232.26$ -99.29% Value to FAA ( Greenbelt)0490848 OEPC-104 160,000.00$ 900,000.00$ (740,000.00)$ 160,000.00$ 900,000.00$ (740,000.00)$ (614.94)$ 7,670.70$ -82.22% Affordable housing adjust value0145171 PI-40 130,375.00$ 130,375.00$ -$ 130,375.00$ 71,706.00$ 58,669.00$ 48.75$ 582.25$ 81.82% Non Primary Residence0088827 NS-838-3 500,758.00$ 500,758.00$ -$ 293,203.00$ 500,758.00$ (207,555.00)$ (172.48)$ 4,066.15$ -41.45% Primary Residence0440143 CCM-4 213,786.00$ 213,786.00$ -$ 140,262.00$ 213,786.00$ (73,524.00)$ (61.10)$ 1,735.94$ -34.39% Primary Residence0456972 PJS-10 273,133.00$ 273,133.00$ -$ 150,223.00$ 273,133.00$ (122,910.00)$ (102.14)$ 2,555.16$ -45.00% Primary Residence0343875 MRR-33 1,806,933.00$ 1,806,933.00$ -$ 1,148,883.00$ 1,806,933.00$ (658,050.00)$ (546.84)$ 16,544.28$ -36.42% Primary Residence0381149 CCRK-I-11 225,000.00$ 225,000.00$ -$ 123,750.00$ 225,000.00$ (101,250.00)$ (84.14)$ 1,762.20$ -45.00% Primary Residence0224067 PWL-1-S-10-C 215,000.00$ 215,000.00$ -$ 118,250.00$ 215,000.00$ (96,750.00)$ (80.40)$ 1,776.76$ -45.00% Primary Residence0488324 CCTS-1-6 260,000.00$ 260,000.00$ -$ 143,000.00$ 260,000.00$ (117,000.00)$ (97.23)$ 2,432.30$ -45.00% Primary Residence0494770 CCTS-B-11-AM 310,000.00$ 310,000.00$ -$ 170,500.00$ 310,000.00$ (139,500.00)$ (115.92)$ 2,900.05$ -45.00% Primary Residence0202063 APW-26-AM 690,000.00$ 690,000.00$ -$ 379,500.00$ 548,250.00$ (168,750.00)$ (140.23)$ 4,513.19$ -30.78% Primary Residence0422950 BB-23 1,437,728.00$ 1,437,728.00$ -$ 790,750.00$ 1,437,728.00$ (646,978.00)$ (537.64)$ 13,736.05$ -45.00% Primary Residence0357735 CRQJ-75-AM 620,000.00$ 620,000.00$ -$ 620,000.00$ 341,000.00$ 279,000.00$ 231.85$ 2,818.02$ 81.82% Non Primary Residence0260343 CHC-319 165,000.00$ 165,000.00$ -$ 90,750.00$ 165,000.00$ (74,250.00)$ (61.70)$ 1,358.28$ -45.00% Primary Residence0333462 PNCR-E-5 355,000.00$ 355,000.00$ -$ 195,250.00$ 355,000.00$ (159,750.00)$ (132.75)$ 2,780.36$ -45.00% Primary Residence0208029 AER-57 1,299,438.00$ 1,299,438.00$ -$ 714,690.00$ 1,299,438.00$ (584,748.00)$ (485.93)$ 10,696.97$ -45.00% Primary Residence0043574 PR-2-93 860,837.00$ 860,837.00$ -$ 860,837.00$ 473,460.00$ 387,377.00$ 321.91$ 3,897.52$ 81.82% Non Primary Residence0002869 CT-328 505,791.00$ 505,791.00$ -$ 282,347.00$ 505,791.00$ (223,444.00)$ (185.68)$ 5,308.78$ -44.18% Primary Residence0239123 JR-5-5101 975,395.00$ 975,395.00$ -$ 536,467.00$ 975,395.00$ (438,928.00)$ (364.75)$ 8,060.66$ -45.00% Primary Residence0439863 OBE-1-AM 688,677.00$ 688,677.00$ -$ 445,138.00$ 688,677.00$ (243,539.00)$ (202.38)$ 6,305.53$ -35.36% Primary Residence0055982 PT-3-B 420,000.00$ 420,000.00$ -$ 231,000.00$ 420,000.00$ (189,000.00)$ (157.06)$ 3,289.44$ -45.00% Primary Residence0447443 SRRDG-5-AM 582,162.00$ 582,162.00$ -$ 320,189.00$ 582,162.00$ (261,973.00)$ (217.70)$ 4,762.67$ -45.00% Primary Residence0455917 ECSC-27-AM 500,000.00$ 500,000.00$ -$ 275,000.00$ 500,000.00$ (225,000.00)$ (186.98)$ 3,916.00$ -45.00% Primary Residence0048482 PSC-903 125,000.00$ 125,000.00$ -$ 68,750.00$ 125,000.00$ (56,250.00)$ (46.74)$ 1,029.00$ -45.00% Primary Residence

Totals for 11/07/2018 13,470,638.00$ 14,210,638.00$ (740,000.00)$ 8,390,181.00$ 13,343,842.00$ (4,953,661.00)$ (4,116.49)$ Totals for 10/24/2018 41,368,180.00$ 45,415,170.00$ (4,046,990.00)$ 37,434,632.00$ 32,920,740.00$ 4,513,892.00$ 3,751.04$ Totals for 10/10/2018 44,519,827.00$ 46,406,683.00$ (1,886,856.00)$ 35,086,110.00$ 39,286,965.00$ (4,200,855.00)$ (3,490.91)$ Totals for 9/26/2018 102,631,585.00$ 114,376,196.00$ (11,744,611.00)$ 91,377,017.00$ 104,233,802.00$ (12,856,785.00)$ (10,683.99)$ Totals for 9/19/2018 71,871,409.00$ 30,369,806.00$ 41,501,603.00$ 65,807,102.00$ 27,135,701.00$ 38,671,401.00$ 32,135.93$ Totals for 9/12/2018 56,110,567.00$ 53,597,933.00$ 2,512,634.00$ 38,882,890.00$ 42,751,185.00$ (3,868,295.00)$ (3,214.55)$ Totals for 8/29/2018 20,113,743.00$ 21,104,120.00$ (990,377.00)$ 16,361,972.00$ 18,072,321.00$ (1,710,349.00)$ (1,421.30)$ Totals for 8/22/2018 187,573,155.00$ 192,665,269.00$ (5,092,114.00)$ 133,941,375.00$ 173,065,304.00$ (39,123,929.00)$ (56,847.00)$

Running Total 537,659,104.00$ 518,145,815.00$ 19,513,289.00$ 427,281,279.00$ 450,809,860.00$ (23,528,581.00)$ (43,887.27)$

The total Market value for Summit County is $24,019,351,283 as of 5/22/2018

The Market value increase for 2018 is $ 19,513,289 As of 11/07/2018

The Total Taxable value for Summit County is $18,861,845,199 as of 5/22/2018

The Taxable Value decrease for 2018 is ($ 23,528,581) As of 11/07/2018

The County Tax dollar Difference for 2018 is ( $ 43,887.27) As of 11/07/2018

The county Tax dollar differences are the County General and County Municipal line rates.

To: Summit County Council

From: Anita Lewis

Re: Recreation, Arts and Parks ‐ RAP Recreation Granting Process

Date: November 1, 2018

Purpose: Peter Tomai, Chair of the Summit County RAP Recreation Committee will be appearing before the Summit County Council on Wednesday, November 7th to review the grant process of the Summit County Recreation, Arts and Park (RAP) advisory committee. This is for discussion and guidance only, no formal action is required.

Background: In November of 2000, the citizens of Summit County voted and passed a ballot measure to implement a one‐tenth percent (0.10%) sales tax in Summit County for the purpose of funding arts and recreation programs. Summit County has two advisory committees which evaluate potential grants utilizing the RAP Tax; namely the Arts Committee and the Recreation Committee. The RAP Tax was distributed 55% to the Arts Committee and 45% to the Recreation Committee. The RAP Tax was also distributed according to geographic area with 50% of the grants going to the Snyderville Basin, 25% to Park City, 12.5% to North Summit and 12.5 percent to South Summit.

In November of 2010, again the citizens of Summit County voted to approve and implement a one‐tenth percent (0.10%) sales tax in Summit County for the purpose of funding arts and recreation programs. It was the desire of the County Council to distribute the funds more evenly for the next 10 year period. The distribution of RAP Tax funds are 50% to the Arts Committee and 50% to the Recreation Committee with the geographic distribution of 48% to the Snyderville Basin, 21 % to Park City, 13% to North Summit and 18% to South Summit.

Current Status: The committee met in September and outlined the process of the RAP Recreation Grant. The opportunity to apply for funds were formally noticed in the local papers, social media outlets and an email was sent to past recipients.

RAP Recreation Grant Committee

The application to apply for funds was available electronically on the Summit County website and was available during the month of October with the deadline being 12:00 p.m. (noon) on Tuesday, October 30th.

The County received 14 online applications. The total amount of funds available: $ 790,000.

The percentage breakdown is:

Snyderville Basin 48 percent; $ 379,200.00

Park City 21 percent; $ 165,900.00

North Summit 13 percent; $ 102,700.00

South Summit 18 percent; $ 142,200.00

The mission of the RAPAC is to advise and recommend to the County Council the best use(s) of the funds collected from the tax for the purposes of financing in whole or in part recreational facilities. A recreational facility is defined as any publicly owned or operated park, campground, marine, dock, golf course, playground, athletic field, gymnasium, swimming pool, or other facility used for recreational purposes. See Title 2 Chapter 14 Summit County Recreation Arts and Parks Advisory Committee.

Summary: The RAP Recreation Committee through their Chair Peter Tomai desires the opportunity to present and discuss with the County Council the matrix of how they will be determining their funding amounts for the desired projects. The committee will be adhering to the Strategic Policies adopted by the County Council in meeting the goals as outlined especially in the area of Environmental Stewardship.

Note: The 2018 application process was completed on‐line and is a paperless procedure.

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AGENDA

SUMMIT COUNTY COUNCIL Wednesday, November 7, 2018

NOTICE is hereby given that the Summit County Council will meet in session

Wednesday, November 7, 2018, at the Summit County Courthouse, 60 North Main Street, Coalville, UT 84017

(All times listed are general in nature, and are subject to change by the Council Chair) 1:15 PM Closed Session – Property acquisition (30 min) 1:45 PM – Move to Council Chambers 1:55 PM Work Session

1) Pledge of Allegiance 2) Budget Presentations:

a. 2:00 PM ‐ Attorney; Margaret Olson (15 min) b. 2:15 PM ‐ Justice Court; Shauna Kerr (15 min)

2:30 PM Consideration of Approval

1) Discussion and possible adoption of Resolution 2018‐18, a Resolution Requesting the Recertification of the Summit County Justice Court; Margaret Olson (10 min)

2:40 PM Convene as the Board of Equalization

1) Discussion and possible approval of 2018 stipulations; Kathryn Rockhill and Steve Martin (10 min) Dismiss as the Board of Equalization 2:50 PM Work Session, continued

1) Summit County Arts & Parks Advisory Committee‐Recreation (RAP Tax Recreation Committee) policy review; Peter Tomai (15 min)

2) 3:05 PM ‐ C‐PACE presentation; Lisa Yoder, Sustainability Program Manager and Shawna Cuan, Governor’s Office of Energy Development (20 min)

3:25 PM Consideration of Approval, continued

1) Review and possible adoption of C‐PACE Governing Body Participation Agreement between Summit County and Governor’s Office of Energy Development (“OED”) and Resolution 2018‐19, a Resolution Concerning the Authorization of OED to Conduct the Commercial Property Assessed Clean Energy District (C‐PACE District), Within Summit County, Utah; Lisa Yoder (20 min)

2) 3:45 PM ‐ Discussion and possible approval of Grant Agreement between Summit County, Summit Land Conservancy, Afton S. Osguthorpe Sheltered Trust, Stephen A. Osguthorpe, Jerry S. Osguthorpe, Sue Ann Larsen and Karen Brown; Dave Thomas (10 min)

3) 3:55 PM ‐ Possible approval of Summit County’s recommendations to the Governor’s Public Lands Policy Coordinating Office for the Utah State Roadless Rule Petition; Janna Young and Sean Lewis (15 min)

4) 4:10 PM ‐ Reappoint members to the Summit County Mosquito Abatement District, as recommended by Kamas City and Francis Town (5 min)

5) 4:15 PM ‐ Council Comments (15 min) 6) 4:30 PM ‐ Manager Comments (10 min)

4:20 PM ‐ Convene as the Governing Board of the Snyderville Basin Special Recreation District

1) Presentation and adoption of Snyderville Basin Special Recreation District’s Tentative 2019 budget and 2018 budget amendments; Brian Hanton and Megan Suhadolc (20 min)

Dismiss as the Governing Board of the Snyderville Basin Special Recreation District 4:40 PM ‐ Convene as the Governing Board of North Summit Fire Service District

1) Presentation and adoption of North Summit Fire Service District 2019 Tentative Budget; Mark Robertson (20 min)

Dismiss as the Governing Board of North Summit Fire Service District

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5:00 PM ‐ Convene as the Governing Board of Mountain Regional Water

1) Presentation and adoption of Mountain Regional Water's 2019 Tentative Operating, Capital and Debt Service budgets, and the Proposed 2018 Amended Operating, Capital and Debt Service budgets; Lisa Hoffman (30 min)

Dismiss as the Governing Board of Mountain Regional Water 5:30 PM ‐ Convene as the Governing Board of the Park City Fire Service District

1) Presentation and adoption of Park City Fire Service District’s 2019 Tentative Budget and 2018 budget amendments; Paul Hewitt, Del Barney and Ashley Lewis (30 min)

Dismiss as the Governing Board of the Park City Fire Service District 6:00 PM Public Input

One or more members of the County Council may attend by electronic means, including telephonically or by Skype. Such members may fully participate in the proceedings as if physically present. The anchor location for purposes of the electronic meeting is the Council Chambers and

Conference room, Summit County Courthouse, 60 N. Main, Coalville, Utah Individuals with questions, comments, or needing special accommodations pursuant to the Americans with Disabilities Act regarding this meeting

may contact Annette Singleton at (435) 336‐3025, (435) 615‐3025 or (435) 783‐4351 ext. 3025 Posted: November 2, 2018

STAFF REPORT

TO: Summit County Council FROM: Lisa Yoder, Sustainability Program Manager DATE: November 7, 2018 SUBJECT: Commercial Property Assess Clean Energy (C-PACE)

This staff report accompanies the Local Entity Participation Agreement and Local Entity Resolution to opt in to the statewide Commercial Property Assess Clean Energy (C-PACE) District for review and possible approval.

BACKGROUND

On October 4, 2017 County Council passed Resolution 2017-16 to actively seek to implement strategies and policies to encourage the reduction of greenhouse gas emissions (GHG) countywide by 80% below their 2014 level by 2050. Paragraph 4 of Resolution 2017-16 also states, “Summit County's initial preference for reducing greenhouse gases related to carbon based energy sources will be strategies and policies to increase energy efficiency. Accordingly, Summit County will pursue policies to increase energy efficiency in the public and private sectors….”

PROBLEM

The cost of making large-scale energy efficiency and/or renewable energy investments in multi-family housing structures, industrial facilities and commercial buildings can be cost prohibitive, preventing owners from taking action to reduce GHG emissions associated with fossil-fuel based energy consumption.

SOLUTION

Community Property Assess Clean Energy (C-PACE) is a type of long-term financing that is available to help upgrade buildings, while decreasing GHG emissions and utility costs. Enacted in 30 states, each state has unique rules governing the financing structure.

The Utah Legislature enacted the first version of C-PACE with Senate Bill 221 in 2013. The C-PACE program was streamlined with passage of Senate Bill 273 in 2017. This authorized creation of a state-wide district to be administered by the Office of Energy Development (OED). This state-wide district is opt-in for municipalities, enabling OED to administer the program on behalf of the municipalities. It means that cities do not need to hire staff or third-party administrators. OED handles vetting, outreach, education, and aligning competitive financial bidders with projects. Currently, Salt Lake City and Provo have opted-in, with other communities joining in the next few months.1

1 Park City Council Staff Report, July 19, 2018 by Luke Cartin, Environmental Sustainability Manager

According the Utah C-PACE webpage, C-PACE, is a private financing program for energy improvements that has been adopted by more than 30 states, including Utah. (Note that this website only applies to participants in the C-PACE District that is administered and operated by the Governor’s Office of Energy Development (OED)).

The financing can be provided by capital providers in an open market, which provides property owners with competitive, private financing. The financing is secured through a voluntary energy assessment and assignable lien that is levied against the owner’s property and repaid to the capital provider; the term is typically based on the useful life of the improvements and can extend up to 30 years.

Because the long-term financing can cover up to 100 percent of a building’s modernization project cost and often requires no money down, C-PACE may enable property owners to make substantial upgrades to their buildings. The project’s energy cost reductions may outweigh the C-PACE payments, which creates positive cash flow for the property owner, whose upgraded building may be more valuable after a C-PACE project.

Communities can opt in to the statewide C-PACE financing program, making it immediately available to qualifying property types. Several cities have agreed to opt in to date: Logan, Moab, Ogden, Orem, Park City, Provo, Riverdale, Salt Lake City, and West Jordan. Here is a map showing which cities have opted in: https://utahcpace.com/participating/.

No counties have opted in yet, although Box Elder County is ready to opt in once there is a project in their county limits.

If Summit County Council would like to opt in to the C-PACE district, it must execute the Local Entity Participation Agreement (Exhibit A) and adopt a Local Entity Resolution (Exhibit B) in order to comply with Utah Code Section 11-42a-106. The agreement and the resolution must both be passed to opt in.

STAFF RECOMMENDATION

Pass Resolution and Participation Agreement to provide C-PACE financing in Summit County.

DEPARTMENT REVIEW

Sustainability, Legal

FUNDING

No funding is required at this time.

ATTACHMENTS

Exhibit A - Local Entity Participation Agreement Exhibit B - Local Entity Resolution

https://utahcpace.com/participating/https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Futahcpace.com%2Fparticipating%2F&data=02%7C01%7Clyoder%40summitcounty.org%7C03f8bec031ba48ad452008d60dbe0ecb%7C497f0086ed7845149cc43715b1894e4e%7C0%7C0%7C636711507281479086&sdata=7p3TaOhNjmcHEHTcLzf2v47fHFpXe8GeOIsXQNO4Lu0%3D&reserved=0

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Exhibit A

C-PACE Governing Body Participation Agreement

THIS C-PACE GOVERNING BODY PARTICIPATION AGREEMENT (the “Agreement”) is made and entered

into as of the ____ day of _____________, 2018, by and between SUMMIT COUNTY, a body corporate

and politic of the State of Utah (the “County”), and the GOVERNOR’S OFFICE OF ENERGY

DEVELOPMENT (“OED”), an independent body corporate and politic of the State of Utah responsible for

the C-PACE District established under Utah Code Ann. § 11-42a (2017) (the “Statute”) (each a “Party”

and collectively the “Parties”).

RECITALS

WHEREAS, Section 11-42a-103 of the Utah Code established commercial property assessed

clean energy financing in the State of Utah; and,

WHEREAS, Section 11-42a-106 of the Utah Code established the “C-PACE District,” and OED,

through the C-PACE District facilitates financing for eligible building improvements to commercial,

mining, manufacturing, public/private club, lodging, industrial, agricultural, and multifamily properties

(with five or more rentable units) by using a voluntary energy assessment to provide security for

repayment of the financing. OED may delegate its powers under this chapter to a third party to assist in

administering and directing the operation of the C-PACE District; and,

WHEREAS, Section 11-42a-106 of the Utah Code directs OED to “establish and administer” the

C-PACE District, but stipulates that the C-PACE District may only operate within the jurisdiction of the

County if the Summit County Council (the “Council”), acting in its capacity as the governing body of the

County, has made a written request to OED authorizing OED to create an energy assessment area, as

defined in Section 11-42a-102(10) of the Utah Code, and to finance an improvement within that energy

assessment area (the “Request”), and,

WHEREAS, the Request may take the form of a resolution authorizing OED to conduct the C-

PACE District within the County and authorizing the County to enter into this Agreement with OED; and,

WHEREAS, the Council has formally made a Request through the adoption of the resolution set

forth in Exhibit A, which is attached hereto and incorporated into this Agreement by this reference;

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth

herein and in order to effectuate the purposes of the Statute, it is hereby agreed as follows:

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Section 1. Definitions

(a) “Application” means a request by the Owner of a Participating Property for financing

through the C-PACE District.

(b) “Assessment” means a voluntary energy assessment as defined in Section 11-42a-102 of the

Utah Code.

(c) “Energy Assessment Lien” means a lien on property within an energy assessment area

authorized by the Statute, as further defined in Section 11-42a-102 of the Utah Code.

(d) “Commercial Building” means any commercial or industrial real property, including

residential buildings containing five or more dwelling units for rent, as further defined in Section

11-42a-102 of the Utah Code.

(e) “Eligible Improvements” means one or more publicly or privately owned energy efficiency

upgrade, renewable energy system, battery storage system, and/or electric vehicle charging

infrastructure, hybrid transport device, seismic upgrade, and/or hybrid transport device

improvements, made to Participating Property, as specified in the Statute.

(f) “Owner” means the owner of the Participating Property.

(g) “Participating Property” means a Commercial Building that (a) directly benefits from Eligible

Improvements, (b) whose owner has voluntarily consented to its inclusion within the energy

assessment area, and (c) is located within an energy assessment area.

(h) “Program Guide” means the rules and regulations promulgated by OED to implement the C-

PACE District pursuant to the Statute, as the same may be amended or supplemented from time

to time.

Section 2. Obligations of OED.

(a) Program Requirements.

Pursuant to the Statute, OED:

(1) shall develop a Program Guide that governs OED’s administration of the C-PACE

District. OED may serve as a facilitator for the purpose of securing third-party financing

for Eligible Improvements pursuant to the Statute; and

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(2) shall receive and review Applications submitted by Owners of Participating

Properties for financing of Eligible Improvements, and approve or disapprove such

Applications in accordance with the Statute.

(b) Application Requirements.

If an Owner makes an Application for financing through the C-PACE District for Eligible

Improvements under the Statute, OED shall review the Application against the requirements in

Statute.

(c) Assessment and Financing Agreement.

The party providing the financing (the “Capital Provider”) may enter into an Assessment and

Financing Agreement with the Owner of Participating Property (the “Assessment & Financing

Agreement”). The Assessment & Financing Agreement shall clearly state the amount of the

Assessment to be levied against the Participating Property. OED and the Capital Provider shall

disclose to the Owner the costs and risks associated with participating in the C-PACE District,

including risks related to the failure of the Owner to pay the Assessment provided for in the

Assessment & Financing Agreement. The Capital Provider shall disclose to the Owner the

effective interest rate on the Assessment, including other fees and charges imposed by OED to

administer the C-PACE District as well as any fees charged by the Capital Provider. The Owner

must be informed that each Eligible Improvement, regardless of its useful life, may be bundled

with other such improvements on the Participating Property for purposes of Assessment and

paid for over the Assessment term.

(d) Establish Assessments and Assessment Units.

With respect to each Assessment placed on a Participating Property, OED shall determine from

the Capital Provider and Owner the amount of the Assessment. OED shall approve the specifics

of the applicable Assessment including, without limitation, the amount of the Assessment, term,

interest rate and repayment dates in accordance with the Statute. In no event shall the amount

of any Assessment exceed the value of: (a) the Assessment benefit provided to the Participating

Property, or (b) the Participating Property, as provided in the Statute. Costs incurred for any

property not approved to participate in the C-PACE District may not be included in a certified

Assessment roll.

(e) Filing Assessment with Applicable County Clerk or Recorder.

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Upon the execution of an Assessment & Financing Agreement, the Capital Provider shall, in

collaboration with the County, (i) file and record such Energy Assessment Lien in the public land

records of the County, (ii) assign such lien, and (iii) amend such lien from time to time.

Section 3. Obligations of the County.

(a) Promotion of Program; Assistance to the C-PACE District.

The County shall use good faith efforts to assist OED in marketing efforts and outreach to the

local business community to encourage participation in the C-PACE District, such as including C-

PACE District information on the County’s website, distributing an informational letter from

appropriate County officials to local businesses regarding the program, and conducting one or

more business roundtable events.

Section 4. Obligations of the Capital Provider.

(a) Billing and Collection of Assessments.

Upon assignment of the Energy Assessment Lien to the Capital Provider, the Owner shall make

all Assessment payments directly to the Capital Provider pursuant to the Assessment &

Financing Agreement, and the Capital Provider shall be responsible, subject to and in

accordance with the terms of the Assessment & Financing Agreement, for all billing, collection,

enforcement and administrative duties with respect of each of the Assessment payments and

the Energy Assessment Lien.

Section 5. Term and Termination.

The term of this Agreement shall commence upon the date first written above. This Agreement shall be

in full force and effect until all of the Assessments have been paid in full or deemed no longer

outstanding. As authorized by the Statute, the Council may adopt a resolution de-authorizing OED from

administering the C-PACE District within its jurisdiction. If the Council adopts a de-authorizing resolution,

the County shall continue to meet all of its obligations under this Agreement and the Statute, as to all

Assessment obligations existing on the effective date of the de-authorizing resolution until any and all

outstanding Assessments have been paid in full and remitted to the Capital Provider.

Section 6. Default.

Each Party shall give the other Party written notice of any breach of any covenant or term of this

Agreement and shall allow the defaulting Party thirty (30) calendar days from the date of its receipt of

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such notice within which to cure any such default or, if it cannot be cured within the thirty (30) days, to

commence and thereafter diligently pursue to completion, using good faith efforts to effect such cure

and to thereafter notify the other Party of the actual cure of any such default. The Parties shall have all

other rights and remedies provided by law, including, but not limited to, specific performance.

Section 7. Miscellaneous Provisions.

(a) Amendment and Termination.

After a Capital Provider provides funds to finance the costs of any Eligible Improvement, this

Agreement may not be amended or terminated by the Parties without the prior notification of

the holders of the assignable Energy Assessment Lien.

(b) Severability.

If any clause, provision or section of this Agreement is held to be illegal or invalid by any court,

the invalidity of the clause, provision or section shall not affect the remaining clauses, provisions

or sections, and this Agreement shall be construed and enforced as if the illegal or invalid clause,

provision or section had not been contained in it.

(c) Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be deemed

to be an original, and all of which together shall constitute but one and the same instrument.

(d) Notices.

All notices, requests, consents and other communications shall be in writing and shall be

delivered, mailed by first class mail, postage prepaid, or overnight delivery service, to the

Parties, as follows:

If to the County:

Thomas C. Fisher County Manager Summit County Courthouse 60 N. Main P.O. Box 128 Coalville, Utah 84017

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With a Copy to: Summit County Attorney Summit County Courthouse 60 N. Main P.O. Box 128 Coalville, Utah 84017

If to OED:

C-PACE District

c/o Utah Governor’s Office of Energy Development

P.O. Box 144845

Salt Lake City, UT 84114

Attention: Shawna Cuan

With a Copy to:

Brian McCarter, Sustainable Real Estate Solutions, Inc. (SRS)________________

100 Technology Drive, Suite 209_______________________________________

Trumbull, CT 06611_________________________________________________

[email protected]

(e) Amendment.

Except as otherwise set forth in this Agreement, any amendment to any provision of this

Agreement must be in writing and mutually agreed to by OED and the County.

(f) Applicable Law and Venue.

This Agreement and its provisions shall be governed by and construed in accordance with the

laws of the State of Utah. In any action, in equity or law, with respect to the enforcement or

interpretation of this Agreement, venue shall be in the Third District Court of Summit County,

State of Utah.

(g) Entire Agreement.

This Agreement constitutes the entire understanding between the Parties and supersedes all

previous discussions, understandings and agreements between the Parties relating to the

subject matter of this Agreement. In the event of any conflict between the Program Guide and

this Agreement, the terms of this Agreement shall control.

mailto:[email protected]

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(h) Headings.

The headings in this Agreement are solely for convenience, do not constitute a part of this

Agreement and do not affect its meaning or construction.

(i) Changes in Law or Regulation.

This Agreement is subject to such modifications as may be required by change in federal or Utah

state law, or their implementing regulations. Any such required modification shall automatically

be incorporated into and made a part of this Agreement on the effective date of such change, as

if fully set forth herein.

(j) Third-Party Beneficiaries.

It is specifically agreed among the Parties executing this Agreement that it is not intended by

any of the provisions of any part of this Agreement to create a third-party beneficiary

hereunder, or to authorize anyone not a party to this Agreement to maintain any claim under

this Agreement. The duties, obligations and responsibilities of the Parties to this Agreement

with respect to third parties shall remain as imposed by law.

(k) No Waiver of Rights.

A waiver by any Party to this Agreement of the breach of any term or provision of this

Agreement shall not operate or be construed as a waiver of any subsequent breach by either

Party.

(l) No Waiver of Governmental Immunity.

Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any

governmental immunity that may be available by law to the County or to OED, their officials,

employees, contractors, or agents, or any other person acting on behalf of the County or OED.

(m) Independent Entities.

The Parties shall perform all services under this Agreement as independent entities and not as

an agent or employee of the other Party. It is mutually agreed and understood that nothing

contained in this Agreement is intended, or shall be construed as, in any way establishing the

relationship of co-partners or joint ventures between the Parties hereto, or as construing either

Party, including its agents and employees, as an agent of the other Party. Each Party shall

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remain an independent and separate entity. Neither Party shall be supervised by any employee

or official of the other Party. Neither Party shall represent that it is an employee or agent of the

other Party in any capacity.

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IN WITNESS WHEREOF, the County and OED have each caused this Agreement to be executed and

delivered as of the date indicated above:

SUMMIT COUNTY

By: ______________________

Thomas C. Fisher

County Manager

APPROVED AS TO FORM:

____________________________________

David L. Thomas

Chief Civil Deputy

UTAH GOVERNOR’S OFFICE OF ENERGY DEVELOPMENT

By: ____________________________________

Laura Nelson, Executive Director

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Exhibit B

Resolution No. 2018-_____

A RESOLUTION CONCERNING THE AUTHORIZATION OF OED TO CONDUCT THE

COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY DISTRICT (C-PACE DISTRICT),

WITHIN SUMMIT COUNTY, UTAH

RECITALS

A. Utah Code Ann. § 11-42a (2017) (the “Statute”) establishes the GOVERNOR’S OFFICE OF ENERGY DEVELOPMENT (“OED”), an independent body corporate and politic of the State of Utah, and establishes the “C-PACE District” and further provides for the creation of new energy improvement financing, which OED has named “C-PACE” or Commercial Property Assessed Clean Energy. B. Pursuant to Section 11-42a-106 of the Utah Code, OED may only “establish and administer” the C-PACE District in each jurisdiction upon a request by the governing body of that jurisdiction to OED to create an energy assessment area and finance an improvement within that energy assessment area. C. The Summit County Council (the “Council”), acting as the governing body of Summit County (the “County”), wishes to request and authorize OED to administer projects through the C-PACE District in the County. D. OED and the County have agreed on the terms of the C-PACE Governing Body Participation Agreement in the form attached hereto (the “Participation Agreement”). NOW, THEREFORE, BE IT RESOLVED, by the County Council of Summit County, Utah, as follows: Section 1. The Council hereby authorizes OED to create within the County energy assessment areas in accordance with Title 11, Chapter 42(a) of the Utah Code to enable the financing by third-party lenders of eligible improvements within designated energy assessment areas. Section 2. The Council hereby authorizes the Governor’s Office of Energy Development (“OED”) to establish and administer the C-PACE District within the County Body in accordance with the Participation Agreement. Section 3. The Council hereby: (a) adopts the above recitations as findings of the Council; (b) authorizes the County Attorney, in consultation with the County Manager, to make such changes as may be needed to the Participation Agreement in order to correct any nonmaterial errors or language that do not materially increase the obligations of the County; (c) authorizes the County Manager to execute the Participation Agreement following review and approval by the County Attorney; and (d) authorizes the Chair, County Manager, or designee to execute any and all other necessary letters, orders, or documents as may be required to facilitate the successful implementation of the C-PACE District in the County.

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PASSED, APPROVED AND ADOPTED on this ___ day of ____________, 2018. SUMMIT COUNTY COUNCIL _______________________________________ Kim Carson Chair ATTEST: ______________________________ Kent Jones County Clerk APPROVED AS TO FORM: ______________________________ David L. Thomas Chief Civil Deputy

of 9 Grant Agreement

GRANT AGREEMENT THIS AGREEMENT (the “Agreement”) made and entered into this _____ day of November, 2018 (the “Effective Date”) by and between SUMMIT COUNTY (the "County"), a body corporate and politic of the State of Utah, whose address is 60 N. Main Street, P.O. Box 128, Coalville, Utah 84017, SUMMIT LAND CONSERVANCY (the “Conservancy”), a Utah nonprofit corporation, whose address is P.O. Box 1775, Park City, Utah 84060, and the AFTON S. OSGUTHORPE SHELTERED TRUST, through its Trustees, STEPHEN A. OSGUTHORPE, JERRY S. OSGUTHORPE, SUE ANN LARSEN and KAREN BROWN (“Osguthorpe”), whose address is 1700 White Pine Canyon Rd., Park City, Utah 84060. The County, the Conservancy and Osguthorpe each is a “Party” and collectively they are referred to as the “Parties”. WITNESSETH: WHEREAS, Osguthorpe is the owner of Tax Parcel Identification No. PP-89, consisting of approximately 158 acres (the “Osguthorpe Farm”); and, WHEREAS, Osguthorpe seeks to preserve in perpetuity the Osguthorpe Farm for agricultural use through the conveyance of that certain open space conservation easement (the “Conservation Easement”) to the Conservancy, substantially in the form attached hereto as Exhibit “A”; and, WHEREAS, Osguthorpe and the Conservancy have entered into an agreement concerning the Conservancy’s purchase of the Conservation Easement for agricultural open space on the entirety of the Osguthorpe Farm for $14,375,000 (the “Purchase Price”), and the Conservancy and Osguthorpe intend to close the transaction on or before June 30, 2019 (the “Closing”); and, WHEREAS, Osguthorpe has agreed to provide a $3,450,000 donation of appraised Conservation Easement value; and, WHEREAS, the Conservancy has secured a grant from the United States Department of Agriculture acting through its Natural Resources Conservation Service (the “NRCS”) in the amount of $8,800,000.00 toward the Purchase Price of the Conservation Easement upon condition that the Osguthorpe Farm is preserved so as to protect in perpetuity (a) its open space and scenic character, (b) its agricultural use, productivity, and future viability, and (c) its relatively natural wildlife habitat; and, WHEREAS, the Conservancy has requested that the County participate in the purchase of the Conservation Easement; and,


WHEREAS, the purchase of the Conservation Easement on the Osguthorpe Farm contributes to the goals envisioned in Policy 2.34 of the Snyderville Basin General Plan; and, WHEREAS, the County is interested in participating in the purchase of the Conservation Easement upon certain terms and conditions; and,

WHEREAS, the County finds that it is in its best interest to participate in the acquisition by the Conservancy of the Conservation Easement on the Osguthorpe Farm through a monetary grant to the Conservancy; and, WHEREAS, the Parties have agreed to the following terms and conditions of this Agreement. NOW THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement, it is agreed as follows: 1. Conservancy and Osguthorpe Responsibilities.

A. Conservancy shall use the “Grant” (as described below): (i) solely to acquire the Conservation Easement on the Osguthorpe Farm, and (ii) to ensure that the Osguthorpe Farm is used in perpetuity as agricultural open space.

B. As a condition precedent to the award of the Grant, Osguthorpe shall enter into

the Conservation Easement with the Conservancy, in a form and substance attached as Exhibit “A”, in order to adequately protect the Osguthorpe Farm and preserve it as agricultural open space. In particular, as a condition of the Grant: i. Osguthorpe shall grant the Conservation Easement to the Conservancy for the perpetual preservation of the Osguthorpe Farm as agricultural open space. Said Conservation Easement shall be recorded in the Office of the Summit County Recorder.

ii. Osguthorpe shall extinguish all development rights from the Osguthorpe Farm in perpetuity with the exception of the reservation of the right to build one single-family home within a pre-determined three (3) acre building envelope, located on the southwest corner of the Osguthorpe Farm, where there already exist three outbuildings (the “Building Envelope”). iii. Prior to Closing and the funding of the Grant, the County shall have the right to review the title to the Osguthorpe Farm as well as the Conservation Easement and any and all other pertinent documents. iv. Insurance. Osguthorpe, at its own expense, shall maintain sufficient liability insurance against claims or lawsuits which result from the actions of


Osguthorpe or its employees, contractors or agents on the Osguthorpe Farm. The County is subject to the Governmental Immunity Act of Utah (the “Governmental Immunity Act” or “Act”), UCA §§ 63G-7-101 to 904. The Parties agree that the County shall only be liable within the parameters of the Governmental Immunity Act. Nothing contained in this Agreement shall be construed in any way, to modify the limits of liability set forth in that Act or the basis for liability as established in the Act.

v. Indemnification.

(a) Osguthorpe agrees to indemnify and hold the County harmless from any claim or damages for injuries, including costs and reasonable attorney fees, resulting from the use by Osguthorpe, its trustees, beneficiaries, agents, employees, members, officers, and invitees, of the Osguthorpe Farm or any actions of its contractors, employees or agents in installing any improvements thereon.

(b) Conservancy agrees to indemnify and hold the County harmless from any claim or damages for injuries, including costs and reasonable attorney fees, resulting from the use by the Conservancy, its agents, employees, members, officers, and invitees, of the Osguthorpe Farm or any actions of its contractors, employees or agents in installing any improvements thereon. (c) The provisions of this Section 1.B.v shall survive the Closing.

vi. Condemnation or Sale. In the event that the Osguthorpe Farm, or any portion thereof, is condemned pursuant to Section 15 of the Conservation Easement or sold as a consequence of extinguishment pursuant to Section 14 of the Conservation Easement, the County shall be entitled to receive three and one half percent (3 1/2%) of the net proceeds of condemnation or sale of the Osguthorpe Farm, or any portion thereof.

C. At Closing, Osguthorpe shall quitclaim to the County any property that it might

own on the south edge of the Osguthorpe Farm (i.e. from the existing wildlife fence at the southern end of the Osguthorpe Farm to and including Old Ranch Road). This would make the existing fence line the south boundary of the Osguthorpe Farm and the north boundary of the County’s Old Ranch Road right-of-way.


2. County’s Responsibilities.

A. Grant. Subject to the Conservancy’s and Osguthorpes’s timely performance of their obligations set forth in Section 1 above, and to the terms and conditions set forth in this Agreement, the County shall pay as a Grant to Conservancy Five Hundred Thousand and 00/100 Dollars ($500,000.00) to be paid into escrow with a title company mutually acceptable to the Conservancy and the County at Closing.

B. The County shall review and diligently exercise its rights concerning the title and

Conservation Easement on the Osguthorpe Farm prior to Closing and Osguthorpe and the Conservancy shall promptly provide the County with such instruments, documents and other records reasonably required by the County concerning the title and the Conservation Easement.

3. Other Funding Partners. Osguthorpe and the Conservancy intend to seek funding for the Conservation Easement from sources that may include but not be limited to the United States Department of Agriculture, the United States Forest Service, the Utah Quality Growth Commission, the Utah Department of Wildlife Resources, non-profit organizations, foundations and individual donors. Alternate funding sources may require certain title encumbrances to the Osguthorpe Farm. Such encumbrances which are consistent with Section 1 are permitted with the consent of the County Manager. 4. Conservation Values. Title encumbrances for the Osguthorpe Farm may provide for the protection of other “Conservation Values” including but not limited to water quality, agricultural uses, aquatic and terrestrial wildlife habitat and scenic values. 5. Term. The term of this Agreement shall commence on the Effective Date and shall continue until December 31, 2019 (the “Deadline”). If the Conservancy has not closed on the purchase of the Conservation Easement from Osguthorpe prior to the Deadline, the County’s obligation to provide the Grant towards the Purchase Price of the Conservation Easement shall terminate and be of no further force or effect. 6. Assignability. The rights and obligations of Osguthorpe and the Conservancy under this Agreement are not transferable or assignable in whole or in part without the written consent of the County. 7. Waiver. No failure of the County to exercise any power given to it under this Agreement, or to insist upon strict compliance by Osguthorpe or the Conservancy with any obligation, responsibility, or condition under it, and no custom or practice of the Parties at variance with its terms shall constitute a waiver of the County’s right to demand exact compliance with those terms upon any subsequent default.


8. Independent Contractor. In making and performing this Agreement, Osguthorpe and the Conservancy act and shall act at all times as independent contractors, and nothing contained in this Agreement shall be so construed or applied as to create or imply the relationship of partners, of agency, joint adventurers, or of employer and employee among the Parties hereto. 9. Public Funds and Public Monies.

A. Definitions: “Public funds” and “public monies” mean monies, funds, and accounts, regardless of the source from which they are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. The terms also include monies, funds or accounts that have been transferred by any of the aforementioned public entities to a private contract provider for public programs or services. Said funds shall maintain the nature of “public funds” while in the Conservancy’s possession.

B. Conservancy’s Obligation: Conservancy, as recipient of “public funds” and “public monies” pursuant to this Agreement, expressly understands that it, its officers, and employees are obligated to receive, keep safe, transfer, disburse and use these “public funds” and “public monies” as authorized by law and this Agreement. Conservancy understands that it, its officers, and employees may be criminally liable under Utah Code Ann. § 76-8-402, for misuse of public funds or monies. Conservancy expressly understands that the County may monitor the expenditure of public funds by the Conservancy. Conservancy expressly understands that the County may withhold funds or require repayment of funds from the Conservancy for noncompliance, failure to comply with directives regarding the use of public funds, or for misuse of public funds or monies.

10. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 11. No Officer or Employee Interest. It is understood and agreed that no officer or employee of the County has or shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds resulting from the performance of this Agreement. 12. Ethical Standards. Osguthorpe and the Conservancy each represent that they have not: (a) provided an illegal gift to any of the County’s officers or employees, or former officers or employees, or to any relative or business entity of an officer or employee, or relative or business entity of a former officer or employee; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the ethical standards set forth in State statute; or (d) knowingly influenced, and hereby promises that they will not knowingly influence, any of the


County’s officers or employees or former officers or employees to breach any of the ethical standards set forth in State statute or Summit County ordinances. 13. Severability. The provisions of this Agreement are not severable, and should any provision hereof be deemed void, unenforceable or invalid, such provisions shall affect the remainder of this Agreement, and shall provide grounds for termination of the Agreement at the option of the Parties in the exclusive discretion of each of them. 14. Governing Law. This Agreement shall be interpreted according to the laws of the State of Utah. 15. Attorney’s Fees and Costs. If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney’s fees and other costs incurred in connection with that action or proceeding. 16. Entire Agreement. The Parties agree that this Agreement constitutes the entire understanding and agreement between the Parties with regard to the subject matter hereof, and supersedes any previous agreement, representation, or understanding between the Parties relating to the subject matter hereof. 17. Subordination. The Parties agree that this Agreement is incorporated in and is subordinate to the Conservation Easement, and in the event of a conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Conservation Easement, the terms and conditions of the Conservation Easement shall control. 18. Counterparts. This Agreement may be executed in several counterparts and all so executed shall constitute one agreement binding on all the Parties, notwithstanding that each of the Parties are not signatory to the original or the same counterpart. Further, executed copies of this Agreement delivered by facsimile shall be deemed an original signed copy of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[signature pages to follow]


SUMMIT COUNTY Acting through its County Council Attest: By: ____________________ Kim Carson Kent Jones Chair County Clerk Approved as to form: _____________________ David L. Thomas Chief Civil Deputy


AFTON S. OSGUTHORPE SHELTERED TRUST Acting through its Trustees, STEPHEN A. OSGUTHORPE JERRY S. OSGUTHORPE KAREN BROWN SUE ANN LARSEN By: ____________________ Stephen A. Osguthorpe Trustee By: ____________________ Jerry S. Osguthorpe Trustee By: ____________________ Sue Ann Larsen Trustee By: ____________________ Karen Brown Trustee SUMMIT LAND CONSERVANCY ____________________ Cheryl Fox Executive Director


EXHIBIT “A”

FORM OF CONSERVATION EASEMENT

[SEE ATTACHED]

1 Osguthorpe 160 Conservation Easement

WHEN RECORDED RETURN TO: Summit Land Conservancy P.O. Box 1775 1650 Park Avenue, Suite 200 Park City, Utah 84060

OSGUTHORPE 160 CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT DEED (“Easement” or “Conservation Easement”) is made this ____ day of __________, 2018 (“Effective Date”), by and between Stephen A. Osguthorpe, Jerry S. Osguthorpe, Sue Ann Larsen and Karen Brown, as Co-Trustees and Beneficiaries of the Afton S. Osguthorpe Sheltered Trust, whose address is 1700 White Pine Canyon Road, Park City 84060 (“Grantor”), and Summit Land Conservancy, a Utah nonprofit corporation (“Conservancy”), whose address is P.O. Box 1775, Park City, UT 84060 and with a right of enforcement to the United States of America (“United States”), acting by and through the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”), on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property, its value for resource preservation and as open space. Conservancy is referred to as “Conservancy.” The Conservancy shall have primary responsibility for management and enforcement of the terms of this Conservation Easement Deed, subject to the rights of the United States. Grantor, Conservancy and NRCS are referred to individually as a “Party” and collectively as the “Parties.” The following Exhibits are attached to and are incorporated into this Easement by this reference:

Exhibit A: Legal Description of the Property Including Water Rights; Exhibit B: Property Map; Exhibit C: Permitted and Restricted Uses and Practices; Exhibit C-1: Map and Legal Description of Building Envelope Exhibit D: Public Recreation and Winter Trail and Access Agreement Exhibit E: Signed “Acknowledgment of Property Condition.”

RECITALS

C. Grantor owns approximately 158 acres of land located on Old Ranch Road, Park City, Utah (collectively, the “Property”). The Property is described in Exhibit A and shown for reference purposes on the Property Map attached as Exhibit B.

D. This Conservation Easement is acquired with funds provided, in part, under the Agricultural Conservation Easement Program (“ACEP”) 16 U.S.C. § 3865a. et seq. and 7 CFR Part 1468 for the purpose of protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses of the Property.

E. The Property qualifies as land eligible for ACEP Program funding, pursuant to 16 U.S.C. § 3865a.(3), as the Conservancy offered to purchase an ALE on the Property, the Property has prime, unique or productive soil and the protection of the Property is consistent


with state and local policies consistent with the purposes of the ACEP Program. The Property is comprised of cropland and pastureland.

F. As fee owner of the Property, Grantor owns the affirmative rights to identify, preserve, and protect forever the Conservation Values (defined below) of the Property. Grantor desires to grant a conservation easement to the Conservancy pursuant to the ‘Land Conservation Easement Act’ of Utah’s statutes, Utah Code Ann., Sections 57-18-1 to 57-18-7, which authorizes protection of natural, scenic, open space, aesthetic, historic, hydrologic, ecological, agricultural, and scientific values that are of great importance to Grantor, the Conservancy, the people of Summit County, and the people of the State of Utah, and in accordance with the federal tax code and Internal Revenue Service (“IRS”) rules and regulations applicable to qualified conservation contributions.

G. The Conservation Values and purposes intended to be preserved and protected for the public benefit under this Easement (as defined in §1.170A-14(d)(1) of the IRS Regulations) include agricultural open space and scenic values. The Conservation Values are more fully described in the Baseline Documentation Report (Paragraph 2, below). In particular, the Property is:

Open Space Farmland. The Property is agricultural land and 100% of its soils are “soils of statewide importance” as determined by the NRCS and the Property is eligible for NRCS funding pursuant to Title 7 of the Code of Federal Regulations (CFR) §1491.4(g). The Property qualifies as open space that yields a significant public benefit pursuant to §1.170A-14(d)(iii) of the IRS Regulations because (i) it is used for the scenic enjoyment of the general public, and (ii) such use is supported by a clearly delineated government policy. In particular:

Scenic Enjoyment: The Property is visible from Old Ranch Road and from public recreational trails and viewpoints open to the public, such as Park City Mountain, Round Valley and Glenwild. The Property is highly visible from higher elevation neighborhoods in the Snyderville Basin. The Property offers relief from urban closeness, in a neighborhood that has transitioned from rural to residential use in recent years. Snyderville Basin General Plan: Preservation of the Property for conservation purposes is consistent with the Snyderville Basin General Plan (adopted June 17, 2015), that recognizes the open, equestrian and agricultural way of life and the importance of preserving and enhancing natural resources in the Old Ranch Road neighborhood

Relatively Natural Habitat: Preservation of the Property meets conservation purposes pursuant to §1.170A-14(d)(ii) of the IRS Regulations as the Property provides habitat for terrestrial wildlife (small game) and migratory birds.

Public Recreation: Preservation of the Property meets conservation purposes pursuant to §1.170A-14(d)(i), as the Property is open to the public for winter outdoor recreation by nordic skiers.


The values described in this Recital are referred to in this instrument as the “Conservation Values.”

H. As of the Effective Date, the Conservancy is a nonprofit corporation, incorporated under the laws of Utah as a tax-exempt public charity described in Sections 501(c)(3) and 509(a)(1) of the IRS Code (defined below); is organized to protect and conserve natural areas and ecologically significant land for scientific, charitable, and educational purposes; is a “qualified organization” as defined in § 1.170(A-14(c)(1) of the IRS Regulations (defined below), and therefore qualified to acquire and hold conservation easements (“Qualified Organization”); and is a qualified “holder” of a conservation easement under the Utah ‘Land Conservation Easement Act’ statute. U.C.A. § 57-18-1, et seq.

I. To accomplish the Conservation Purposes (defined below), Grantor desires to convey to the Conservancy and the Conservancy desires to obtain from the Grantor a conservation easement that restricts the uses of the Property and that grants certain rights to the Conservancy in order to preserve, protect, identify, monitor, enhance, and restore in perpetuity the Conservation Values.

J. The rights granted to the Conservancy under this Easement have been donated in part by the undersigned Grantor, and this Easement is intended to qualify as a charitable donation of a partial interest in real estate (as defined under § 170(f)(3)(B)(iii) of the IRS Code) to a Qualified Organization.

CONSERVATION EASEMENT TERMS

IN CONSIDERATION of the recitals set forth above, the mutual covenants, terms, conditions, and restrictions contained in this Easement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, and pursuant to the Utah state law, in particular, the ‘Land Conservation Easement Act’ of Utah’s statutes, Utah Code Ann., Sections 57-18-1 to 57-18-7, Grantor voluntarily grants and conveys to, and the Conservancy accepts, a perpetual conservation easement in, on, over, and across the Property, together with a third party right of enforcement to the United States, subject to the terms and conditions set forth in this Easement, restricting forever the uses that may be made of the Property and granting the Conservancy certain rights in the Property; and Grantor and the Conservancy agree as follows:

1. CONSERVATION PURPOSES. The purposes of this Easement are to preserve and protect in perpetuity and, in the event of their degradation or destruction, to assure the restoration of, the Conservation Values of the Property. In particular, the purpose of this Easement is to protect the Property’s open space and scenic character, its agricultural use, productivity and future viability, its winter public recreational use and its relatively natural wildlife habitat. In achieving the above-named purposes (collectively the “Conservation Purposes”), it is the intent of this Easement to permit such uses of the Property as may be conducted consistent with the Conservation Values protected herein.

2. BASELINE DOCUMENTATION REPORT. By its execution of this Easement, the Conservancy acknowledges that Grantor’s present uses of the Property are compatible with the purposes of this Easement. In order to evidence the present condition of the Property


(including both natural and man-made features) and to facilitate future monitoring and enforcement of this Easement, the Parties acknowledge that a Baseline Documentation Report (the “Report”) has been prepared, which provides a collection of baseline data on the Property and its natural resources and an assessment of the consistent uses. The Parties agree that the Report contains an accurate representation of the biological and physical condition of the Property as of the Effective Date and of the historical uses of the Property, including historical water uses. In addition to the public benefits described as the Conservation Values, the Report identifies public policy statements and/or other factual information supporting the significant public benefit of this Easement. Grantor and the Conservancy approve the Report, a copy of which is on file with the Grantor and the original of which is on file with the Conservancy at their respective addresses for notices set forth below.

3. THE CONSERVANCY’S RIGHTS. In order to accomplish the Conservation Purposes, the rights and interests that are granted and conveyed to the Conservancy by this Easement consist of the following:

A. Preserve and Protect. The right to preserve, protect, identify, monitor, and enhance the Conservation Values in perpetuity, and, in the event of their degradation or destruction, the right to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use.

B. Entry and Access Rights. The Conservancy is, by this Easement, granted rights of access, whether by public ways or otherwise and including, but not limited to, any access easements appurtenant to the Property or held by Grantor, to enter upon the Property in order to monitor compliance with and otherwise enforce the terms of this Easement, to study and make scientific observations of the Property and of natural elements and ecosystems and other features of the Property, and to determine whether the Grantor’s activities are in compliance with the terms of this Easement, all upon reasonable prior notice to Grantor and in a manner that does not unreasonably disturb the use of the Property by Grantor consistent with this Easement. The Conservancy has the right of immediate entry to the Property if, in its sole judgment, such entry is necessary to investigate, prevent, terminate, or mitigate a violation of this Easement, or to preserve and protect the Conservation Values. Notwithstanding the Conservancy’s right to access the Property, Conservancy shall not be permitted to access or enter any dwellings on the Property without the express consent of the Grantor.

C. Enforcement. The Conservancy has the right to prevent or enjoin any activity on or use of the Property that constitutes a breach of this Easement or is inconsistent with the preservation of the Conservation Values, and the Conservancy has the right to require the Grantor to restore such areas or features of the Property that Grantor has damaged by such breach or inconsistent use or activity.

4. USES OF THE PROPERTY. Except as prohibited or otherwise limited by this Easement, Grantor reserves the right to use and enjoy the Property in any manner that is consistent with the Conservation Purposes and the preservation of the Conservation Values. Grantor will not perform, or allow others to perform, any act on or affecting the Property that is inconsistent with the Conservation Purposes. The uses set forth in Exhibit C, though not an


exhaustive list of consistent uses and practices, are consistent with this Easement and will not be precluded, prevented, or limited, except as specifically

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