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Daggett County RDA to document up to $120,000 contribution for waterline to support Matt Lucas project
Summary
The Daggett County Redevelopment Agency agreed to draft an addendum to a participation agreement to provide up to $120,000 toward water and sewer infrastructure for Matt Lucas's project. Commissioners left open procurement and legal-fee treatment and asked staff to bring a draft back next week.
The Daggett County Redevelopment Agency on Jan. 31 agreed to prepare an amendment to a participation agreement that would formalize the agency's contribution of up to $120,000 toward water and sewer work for developer Matt Lucas's project.
A reading of the participation agreement made clear the language is permissive: "the agency agrees to make water and or sewer improvements on and near the participant's project ... up to $120,000," a staff member read aloud during the meeting. That wording, commissioners said, means the payment is capped and not necessarily a guaranteed flat sum.
Why it matters: the contribution affects how the developer's contractor is procured, how loan documents with the Small Business Administration are structured and whether county-incurred legal fees are charged to the infrastructure line. Matt Lucas said the SBA asked the developer to remove the $120,000 from the SBA-funded bid so the RDA contribution would be shown separately.
Commissioners debated two main payment approaches: have the developer's contractor perform the work and be paid directly by the RDA, or have the developer pay the contractor and be reimbursed by the RDA after the work is completed and inspected. Commissioners said they prefer documentation (an invoice or a contract) and acceptance by the water and sewer system before the RDA disburses funds. One participant said the water and sewer system acceptance would be handled by Trevor (water/sewer staff), who would inspect and sign off.
Legal fees were identified as an open question. Commissioners noted the agreement's language could be read to allow attorney fees associated with getting the infrastructure in place to be applied against the $120,000, but several said their understanding and preference was that the $120,000 be used for actual construction rather than legal costs.
Commissioners and staff discussed procurement mechanics. Staff said they could add the payment and inspection terms as an addendum or amendment to the existing participation agreement rather than creating a separate procurement contract, provided the commission approves the language. The developer said he likely already has a recorded 150-foot frontage easement; staff said they would confirm with engineer Paul Hawkes and, if necessary, specify public easement language so the RDA could maintain and extend the line in the future.
Next steps: staff (Candice) was asked to draft the addendum and Lorinda was asked to schedule the item on the RDA agenda for next week. No formal vote or final payment authorization was recorded in this session.
A representative read the agreement language and commissioners asked staff to clarify whether legal fees count toward the $120,000 before they authorize payment. The addendum will return to the commission for formal action.
