Dave Rose, BYU's head basketball coach believes that Utah should honor their contract to play them next year. Beesmark LLC and the LDS Church could learn a few things from him

Honor your word, the world is watching

If you are going to enter into a contract, you should have the integrity to go through with it.

I am watching the BYU vs San Francisco game this evening.

The announcers were talking about the news that Utah basketball coach (Larry Krystkowiak)

 backed out of Utah's contract to play BYU at BYU in basketball  next year.  It appears that Utah is perfectly happy to pay $80,000 to get out of their contract to play BYU next year.

The announcers continued to discuss the issue and one announcer said to the other, I was having a conversation with Dave Rose (head basketball coach at BYU) the other day.

You know what really bothers Dave Rose the most about Utah backing out of playing BYU in basketball next year, the fact that they are not going to HONOR their contract.  It really bothers Dave Rose that Utah is not going through with a contract they signed.  Dave Rose believes that once you sign a contract, you honor that contract no matter what.  He is really upset with Utah for not honoring their contract.

Good for you Dave Rose, you are exactly right. When you enter into a contract you go through with the contract (no matter what).  That is the honorable thing to do.

Maybe the LDS Church and Beesmark LLC could learn something from Dave Rose.  I think you know where to find Dave Rose, maybe he could teach you a thing or two about honoring your commitments. (special warranty deed)

Special Warranty Deed between Beesmark LLC and the LDS Church

Special Warranty Deed

The Family Search plat IS recorded improperly at UT County, should be recorded using metes and bounds, not as a plat. I have told the city this over and over, they could care less.

I have told the City and the LDS Church on numerous occasions that the Family Search Plat CANNOT be recorded as a plat.  Chapter 28 of the Lehi resort community code is very specific, the subdivision MUST be recorded by metes and bounds.  The City and the Church could care less what the code says, to them words do not have meaning.  The LDS Church is trying to force this development into a community that does not want it.  They do not care if they bend or break the rules.  As Nathan Hale (a church representative) once said and I am paraphrasing, when we go into a community with a new development, often times there is great opposition, in the end, we always win - I wonder why? Is it because they ignore the rules? Is it because you buy off politicians and city officials?  Is it because you are a bully and intimidate others into doing what you want? In Utah County, is it because most of those who make decisions regarding the approval of your proposed development are LDS Church members? 

This subdivision is clearly recorded incorrectly and  as a separate issue, I also believe that Todd Munger and Gary Smith should not have allowed to sign off on the creation of the Family Search subdivision.  The creation of a subdivision typically (99% of the time) goes through the planning commission and city council for approval.  I would like the City of Lehi to provide me with the names of all the other subdivisions that Gary Smith and Todd Munger signed off on behalf of the Lehi City Council.  I have requested this information from them before and they have refused to provide it to me. I don't think there are any others, I may be wrong and the City could easily show me that I am by providing me with the names of the subdivisions these two men have signed off on. 

Here is an email I sent to Lehi City officials some time ago.
(I have highlighted and added some additional wording for this blog post)

Thanks for the point of clarification. It seems as though words matter or you would not have pointed out a specific word.  If words matter, than so do the words metes and bounds.  You seem to believe (or have been advised) the term plat is superior to the term metes and bounds and therefore the city will accept a plat description over a metes and bound description.  If words matter than the city MUST follow what is written and what is written is not plat, but metes and bounds language.  You, I and no one else gets to determine that a plat is superior to metes and bounds.  If you are going to suggest the word "are" is relevant, well then, so are the words, "metes and bounds".  You can't simply pick and choose what you will and will not enforce.  

You seem to suggest that a plat is superior to the term metes and bounds.  Maybe you could show me anywhere within Lehi City code that the term plat is superior to the term metes and bounds and that the City as an official statement accepts a plat description in place of a metes and bounds description, please provide me the relevant code or statute that specifies this.  

This must be corrected at the county, you can't just be happy to accept a plat description in place of metes and bounds, the code specifies a metes and bounds description and specifically states it cannot be a plat.  

Here is the exact language as recorded in Chapter 28

Chapter 28: Section 28.080. Development Approvals and Permits. Following the establishment of a Resort Community Zone, and approval and adoption of an Area Plan by the City Council.

A. Expedited Subdivision Review Process.

"The lots in a minor subdivision will be divided by a metes and bounds document rather than a plat" 

 What is so difficult to understand about this language.  You must follow the code exactly as it is written.  You commented on the relevance of a single word "are", now you must follow the code, there is nothing to misinterpret, language as written MUST be followed.

Secondly,

I requested that you provide me with a document that was prepared by either the mayor or city council granting the Public Works Director and Chief Building Official with the authority to sign legal documents on behalf of the legislative body (city council).  

I am familiar with the code as it is written in chapter 28

 "The Chief Building Official and Public Works Director "are" (there is that word are) designated by the City Council as the officers having authority, on behalf of the City Council to approve and sign the final documents."  

I would like to see any documents created by either the Mayor or the City Council granting them this authority. I would like to know if there are no such documents.  I would also like to know if there is anywhere else in any Chapter within the City Code that grants the authority for the Chief Building Official and Public Works Director to sign minor lot subdivisions on behalf of the City Council or is the only place this shows up in the City code?

Lastly, could you testify that there will not be any requirement for the construction of any public improvement or the dedication of any public right away.  The language in chapter 28 of the code specifically states

the Chief Building Official and Public Works Director can sign as having authority, IF the subdivision includes less than ten lots and the subdivision does not require the construction of ANY public improvements (including stoplights, that is a public improvement) or the dedication of any public right of way.  Are you or anyone at the city willing to sign a document clearly stating that there is and will NEVER be any requirement for the construction of any public improvement?  
As you may be aware and if you are not them let me make you aware. Numerous city officials have clearly stated as well as officials from the LDS Church that at bear minimum at least 2 stoplights will be needed to help with traffic flow and congestion in order for this project to proceed. Stoplights are an improvement and if two stoplights are needed, then Todd Munger and Gary Smith COULD NOT have signed off on the creation of the Family Search plat.  Remember, Todd Munger NEVER attended a single recorded meeting to discuss the creation of the Family Search plat before he signed off on the plat. Seriously, who does that? I still don't know if the signature as recorded on the plat is actually Todd Munger's signature and not a robo signature.  I have requested from the city and Todd on numerous occasions to verify that the signature on the Family Search plat is Todd's actual signature, to date I have not received that confirmation.

How did the city allow Todd Munger to sign off on a subdivision that he was never at a meeting to discuss? All I can say is WOW.  There was no City Council or Planning Commission discussing the creation of the Family Search plat as typically done and one of the two people who signed off on the subdivision was never even in a recorded meeting (there was only one private DRC meeting) to discuss the proposed subdivision.  Who told him to sign the document and who gave him the information about the new subdivision.  I can't imagine Mr. Munger signed off on the creation of a subdivision he knew nothing about, how incredibly irresponsible of him. Someone told him to sign off on this plat, who was it? It is my understanding from talking with Todd that he is a faithful member of the LDS Church, could it be, he saw the Church's name on a document and signed off on something he knew nothing about simply because he was a member? Thanks for looking after the interest of the public Todd. Who pays your salary, the Church or the residents of the City of Lehi?  What a travesty, I think you should resign your position at the city. At least Gary Smith showed up at the one meeting with the VCBO Architects to listen to the proposed development.  You on the other hand had something else to do, yet you signed off on the creation of the Family Search plat knowing nothing about it.

Had the planning commission and city council approved the creation of the Family Search Plat, there would have been transparency, numerous public discussions and input from the community.  In this case, the creation of the Family Search plat was done in secret. No one from the community knew anything about it. The LDS Church and the City did not want anyone to know what they were doing behind closed doors, shame on all of you.  Our government officials need to be transparent in everything they do, they work for us, do they not?

The fact that Todd Munger and Gary Smith could not have signed off on the plat if any public improvements were required. According to numerous city officials and even the church, public improvements ARE required. Thus, Todd Munger and Gary Smith could not have signed off on the plat making his plat illegal.

Secondly, the Family Search plat is recorded as a plat and not by metes and bounds.  The Family Search plat is recorded improperly and if not corrected is also illegal. 

LDS apologist are starting to come out of the woodwork to defend their Church

LDS Apologist are starting to come out of the word works to defend the Church.

Apparently some of them have not read an earlier blog I wrote on the Law of consecration, sacrifice and obedience. (link below)

An LDS apologist told me that if one party to the contract (Beesmark LLC) did not want to enforce the language in the contract with the LDS Church, that the LDS Church had then not violated the terms of the contract. So whats the problem he said.

I answered, oh, yes they had violated the contract. When you contractually agree to do something and you don't do it, you are in violation of the agreement and legal proceedings can be brought against you.

Whether or not Beesmark enforces the language in the special warranty deed does not make it right for the LDS Church to not HONOR the language in the contract exactly as it is written.

I wonder if the LDS Apologist actually would encourage the LDS Church to violate the contractual commitment they made in the special warranty deed?  Do they really think that is OK?

 LDS Apologist, do these words mean anything to you

Honor your commitments.

I have actually found this to be a very difficult concept for many LDS members. Seriously, many LDS members I have met and dealt with actually believe it is OK to not honor their word or their commitments. (I wonder where they get that thought from?) \

Here is a classic example of where the LDS Church has contractually committed to building a 6000 square feet building on the southern border of the Family Search plat.  Big question, are they going to honor their commitment to build that facility as they contractually agreed to do or are they going to be dishonorable men and build whatever the heck they want.  Whether or not Beesmark LLC calls them out on violating the language in the contract, the LDS Church MUST honor their commitments.

The LDS Church MUST demonstrate to their members the importance of honoring their commitments.  If the LDS Church is not going to honor their commitments, it is not surprising to me that many of their members do likewise.

Integrity

Are those who work for the LDS Church men of Integrity?  Are they going to do what they said they are going to do?

Obey the law of the land.  The LDS Church professes to obey the law of the land in one of their articles of faith (#12).  Does that not apply to contract law as well?

Truth.  We are taught as young children to tell the truth.  I was taught as a young child when contemplating a decision to ask, What would Jesus do?  Do you think Jesus would act selfishly and not honor his commitments.  I hardly doubt it.

Honesty.

The apologist fail to recognize that the LDS Church does not own the streets and public infrastructure.  The contract between Beesmark and the LDS Church will impact 10's of thousands of people on a daily basis.  This contract was not made in a vacuum and therefore it is critically important that both parties to the contract honor the wording in the contract exactly as it is written. It is equally important that the City of Lehi not help the LDS Church break their commitment to a contract.

Don't forget about all those people who work, live and visit the Thanksgiving Point area.

Their lives will forever be changed by this project and not for the better.

The apologist would have you believe that Beesmark and those that work at the City are not being forced to help the LDS Church break their agreement, well isn't that nice since most if not all of them are LDS Church members.

Bottom line, the law is the law, a contract is a contract and the LDS Church is not above the law and if they are honorable men with integrity, they will live up to the contract they signed regardless if Beesmark and the City cover for them.

LDS apologist, isn't it interesting that you would support the Church in breaking a contractual commitment they made, make excuses for them and apologize for their bad behavior. What does that say about you and the way you operate your life.  Do you honor your commitments, tell the truth, live with integrity, obey the law?  If you answer yes, then why shouldn't the LDS Church do likewise? They expect that of you, you should expect that of them.

You might want to read this blog post

Obedience, Consecration and Sacrifice, the reason LDS members MUST be obedient to the Church FIRST, their civic callings MUST take a back Seat to the Church's commands

One last thought.  Bad behavior, breaking the law is NEVER defensible.  There are consequences to breaking the law. The LDS Church may not like that they committed to building a 6000 square foot family search and discovery center on the southern border of the Family Search plat, but that is what they contractually committed to do and they should honor their commitment and build what they said they were going to build.

Breaking the law is never right

 Contract law is still law.

See something, say something! The LDS Church is violating a contractual commitment they made in a special warranty deed and I am saying something

There is a big push by our government to prompt us when we see something that MAY be in violation of the law to say something.  One reason for this is to protect us ALL from harm.

We are requested by our police to report any suspicious activity that we believe may be in violation of the law.

Likewise, in a civil context, if we see a individual, company or corporation violating the law we are requested by our government to say something. (sometimes know as a whistleblower)

If we knew a crime was about to be committed or was committed, it would imperative for us to say something to an appropriate authority.  It is then the appropriate authorities obligation to investigate what we have reported and take decisive action to remedy the violation.

Let's say I was an eyewitness to a car accident where someone was hurt or injured.  Our civic duty would be to wait for the police and report what we had seen.  Our testimony of what we witnessed may be extremely valuable for a variety of reasons.

In another instant; let's say we knew someone who was dealing drugs out of their home.  I am certain the police would want you to call them and report what we had observed and knew.

What if we knew our boss was not honoring his commitments to his customers and they (customers) were put in harm's way because of his dirty dealing.  Should be report out boss to the appropriate authorities? Of course we should!

Now let's take a look  at suspicious, criminal or civil crimes where YOU maybe an accessory to the crime. You may not have actually perpetrated the crime, but you knew the crime was going to take place and you stood by and did nothing.  Are you just as culpable? You very well may be.

What if you actually helped the person perpetrating the crime to commit the crime.  Are you likewise culpable? I believe you are.

Let's say you are out in your car driving around enjoying a Friday evening with your buddies when all of a sudden one of your buddies pulls out a gun and shoots a random stranger.  Your the driver of the car and you just keep driving.  You buddy tells you to not say anything and act as though knowing went down that evening. Are you just as culpable in the commission of the crime?  Partly culpable? I believe the police and prosecutor would find you at least partly culpable.

Now  let's say there is a written contract between two parties which you know one of the parties did not intend to hold up their end of the contract thus putting the health, safety and welfare of many at risk. Should you speak out if you know that by breaking the contract, the offending party is putting people's lives may be at risk?
Of course you should speak out!

See something, say something.

What if the authority you told ignored your warning and actually helped the offending party accomplish their mission to break the contract.  Are they culpable of breaking a civil law?  Are they accessory to the unlawful activity? Most certainly they are.

Now, what if, the other party to the contract also ignores the provisions as spelled out in the contract, helping the offending party by not enforcing the contract which is their legal right and obligation and instead assist the offending party in violating the contract thus putting the selfish needs of the offending party before the health, safety and welfare of thousands of people.  Are they an accessory to an unlawful activity?  Are they culpable of committing a civil crime?  Of course they are.

When you know something is not right, it is your duty and obligation to say something. It is the duty of those in authority to not help perpetuate a civil crime if they know a contract signed by two parties is being violated by one of the parties putting people's lives at risk. Not to mention they are violating the law by breaking the contract.

Here is a situation as I see it. (LDS Church, City of Lehi, Beesmark LLC)

The LDS Church signed a special warranty deed, which is a legally binding contract with Beesmark LLC to build a 6000 square foot family search and discovery center on the southern border of the Family Search Plat.

The LDS Church has proposed to the City of Lehi to build a Stake Center and a 120,000 square feet commercial office building on the Family Search Plat in violation of the language in the special warranty deed.

The LDS Church is the offending party. They want to violate the terms and conditions of the special warranty deed by building something that is NOT ALLOWED by the language in the contract.

The City of Lehi is helping them accomplish their objective of violating the language in the contract by pushing the proposed development through their approval process, thus becoming an accessory to a civil crime.

Aren't we suppose to say something, if we see something. Yes we are!

When we see a crime being committed, are we suppose to report that crime to the appropriate authority? Yes you are!

Well, what if the appropriate authority is an accessory to the crime?  Where do you go? Any advice?

Beesmark is also an accessory to a civil crime because they are not enforcing the language in the contract exactly as it is written.

The LDS Church is suppose to be above reproach. Not only are they the offending party.  They are expecting the City of Lehi and Beesmark to help them violate the language in the contract.

The LDS Church knows that by proposing to build a Stake Center on the Family Search Plat that they are in violation of what they committed to build in the special warranty deed, they just don't care! Or, at least there is no indication they care to honor their commitment as I see it.

To recap.

Offending organization not honoring the language in the special warranty deed, LDS Church.
Accessory to the civil crime, Beesmark and the City of Lehi.

I have see something and I have said something over and over again.  To date, I have heard nothing to suggest that the LDS Church is going to honor their commitment per the special warranty deed to build a 6000 square foot family search and discovery center on the southern border of the Family Search Plat. David Harkness and I have not communicated as I suggested in an email to his secretary. The City of Lehi is helping the LDS Church violate the language in the special warranty deed by allowing the development to move through their approval process, thus becoming an accessory to a civil crime.

The remedy to a civil crime is civil litigation, which as this point I don't believe Beesmark LLC (David Harkness or Alan Ashton) are planning to do which makes them an accessory to a civil crime.

Who is injured.  All those who work, live and visit the Thanksgiving Point area.

The health, safety, welfare of the citizens of Lehi is put at risk by this proposed development. Increased traffic is of no benefit to anyone.  Traffic congestion and gridlock is a certainty and the City of Lehi could care less. Lives are put at risk if this development is allowed to proceed.

Why don't all these people and companies care, you ask?  Could it be that Beesmark and many of those who work for the City of Lehi are members of the LDS Church?  The answer is a resounding YES! As members of the LDS Church, they must put the needs of the Church first, darn their civic responsibility to the citizens of Lehi.

Sad part is this, Beesmark and those who work for the City of Lehi do not see a problem with their behavior.  City officials don't see their membership in the LDS Church as a conflict of interest and ethically those same city officials believe they have an obligation and duty to do what the LDS Church tells them to do.

Look throughout the country.  Find me one other PGA caliber driving range that was for all intensive purposes donated to a church where they planned to demolish that driving range and replace it with a commercial office building and a church building.  Only in UT County which is predominately LDS.
I am LDS and I find the thought of this repulsive.

Not only is the LDS Church destroying a perfectly good driving range for selfish purposes.  They are enlisting others to help them break the law in the process.

The law is the law and a contract and the language in a contract is a contract.  Break the language in the contract and you have broken the law.  The LDS Church does not see it that way and they are being helped in their effort to thwart the law by enlisting the help of Beesmark and the City of Lehi.

Shame on all  of you!

I can't personally stop you, I am not a party to the contract.  However, your honor and integrity is at stake.  If as LDS members you profess to obey the laws of the land, then for goodness sake, honor your contractual commitments and obey the law.

This development cannot move forward as currently proposed! It is a violation of the contract and the law. Now, all of you,  obey the law of the land as you profess being members of the Church of Jesus Christ of Latter-day Saints.

This blog along with all the others I am producing will live on for eternity. The world is watching, future generations will know what type of men you are by your actions.  What are you going to do?

(The Family Search Plat is recorded improperly in UT County per chapter 28 of the Lehi City Code.  Should be recorded by metes and bounds and not as a plat)

(The Family Search Plat in my estimation did not go through the proper approval process at the City of Lehi.  Both the planning commission and city council who normally approves the creation of a new subdivision were left out of the process)

(The City of Lehi refuses to enforce the code exactly as it is written in Chapter 28 of their own city code.)

Traffic nightmare at rush hour in Thanksgiving Point, the City of Lehi is set to increase the volume of cars in this area without caring about the consequences

Traffic insanity at Thanksgiving Point at rush hour

The traffic in and around Thanksgiving Point at rush hours is insane.  Last night I left my home at 5:40 pm, which is 1 mile from the entrance to the ramp on I 15.  I drove out of my neighborhood, took a left on Garden Drive and then a right onto Club house drive and immediately ran into traffic. All I could say was, darn it.  I knew I was in for a long wait until I could get onto I 15 which I was almost certain was also backed up (and it was).  It took me 31 minutes to get through the metered traffic light to get onto I 15 headed north. I live one mile away!

When there is an accident on the freeway or in the case of heavy traffic,the arterials in Lehi are a disaster.  Club House Drive which leads to I 15 is the arterial I use to get on the freeway.  I could head south on Garden Drive which intersected with 2100 going east, but that would have been way worse and besides I was headed north, not south.

The city of Lehi knows they have a mess on their hands when it comes to rush hour traffic in the Thanksgiving Point area.  Everyone who drives in this area knows there is a problem with traffic flow, congestion and gridlock.  So what is the city of Lehi doing about it?

Well not nothing, they continue to increase the development in the Thanksgiving Point area without dramatically increasing the infrastructure to handle the traffic. The other thing they are doing is allowing another development to take place in a residential neighborhood which will increase traffic, traffic congestion and gridlock. The health, safety and welfare of the citizens who live, work and play in this area continues to deteriorate and all the city can do is allow the continued development on both sides of the I 15 freeway.

City officials are derelict in their duty to protect its citizens. They are allowing and continue to allow development in an already congested area.  Recently a traffic study was done by the LDS Church and the traffic conditions in the Thanksgiving Point area received a grade of

Did that stop the city from allowing more development? No, it did not! Their solution, add a few stoplights and allow and watch the traffic conditions improve.  Are you kidding me and everyone else who lives in the area. Stoplights will not increase traffic flow, they will only add to the congestion and gridlock.

Solution once again with pictures.....

More new office developments, one approved in a residential neighborhood...

plus

More new cars, traffic congestion and gridlock......

plus

Two new stoplights

equals,

smooth sailing, cars just humming along without a care in the world (see picture below). No traffic congestion, no gridlock. These amazing two new stoplights are going to change the entire traffic pattern at Thanksgiving Point from an F to a B.

That's right, increased development + thousands of new cars + two new stoplights = traffic shangri la for all those who travel in the Thanksgiving Point area at rush hour.

So why doesn't the mayor, his staff, the planning commission and city council members come and drive in this traffic on a regular basis at rush hour.  Oh, that is right, none of them live in the area and don't have to fight the traffic on a daily basis.

It just goes to show those who work at the city may not have a clue about how traffic and traffic patterns actually work.

For anyone to believe the traffic equation above, well, may need to learn a little more about how traffic patterns actually work.  

The City plans to allow increased development in the Thanksgiving Point area and now they want to allow commercial development to take place next to a residential neighborhood.  Thousands of extra cars will now be traveling potentially and more than likely through the residential neighborhood putting the lives of small young children who play in their front yard at risk.  Do you think they care?

No they don't care.  What they  do care about is allowing a commercial development (LDS Church) to take place next to a residential neighborhood by a corporation (LDS Church) who is violating the terms of their agreement in a special warranty deed they signed. 

Hey City of Lehi and those who work for and those appointed as well as those elected, why don't you spend a few weeks traveling the Thanksgiving Point area at rush hour, especially when you really need to be somewhere on time.  Let's see how you like it. 

Special Warranty Deed between Thanksgiving Point Development Company and the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints

On July 9th, 2015 the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints and Beesmark entered into an legally binding contractual agreement and signed a document know as a Special Warranty Deed.  The Special Warranty Deed outlines what the two parties agreed to when the Thanksgiving Point Driving Range was carved out of the Thanksgiving Point golf course and given  to (donated) the LDS Church.  The special warranty deed contractually obligated the LDS Church to build a Family Search and Discovery Center at least 6000 square feet. The language is clear.  However,, the LDS Church originally proposed building 2 x 120,000 square feet office buildings on the property and then revised their plans to build only 1 x 120,000 square foot office buildings and a LDS Stake Center on the property, both in my opinion in violation of the Special Warranty Deed signed by LDS Church.

See what you think and feel free to comment at the end of this blog post.

I have included language from the special warranty deed.

A link to the original building plans proposed by the LDS Church.

A link to the current building plan proposed by the LDS Church.

A link to the Family Search Plat, a single lot subdivision created by the LDS Church by carving out the Thanksgiving Point Driving Range from the golf course.

A link to the Family Search Plat image.

Please help me identify anywhere in the Family Search Plat or Special Warranty Deed where the LDS Church is allowed to build an LDS Stake Center or 120,000 square foot office building.

 

This is a classic example of where the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints believe it is OK to break a contractual commitment they made and expect everyone to look the other way while they pursue their selfish interest.  As you will see below, the LDS Church as contractually committed one thing and has proposed to the City of Lehi something entirely different. 

I don't believe the LDS Church is above the law and I don't think Beesmark LLC (David Harkness and Alan Ashton) and the City of Lehi should be covering for them. The law is the law.  I may be all wet in my assessment, if so, can someone please comment below. 

(I am an LDS Church member and believe our Church needs to stand by any/all contractual commitments they make)

If you can't trust the Church of Jesus Christ of Latter-day Saints to honor their contractual  commitments, can you trust and believe anything they say or stand for?

Here is the actual language from the Special Warranty Deed signed by the LDS Church and Beesmark, LLC.

Affecting Tax Parcel No: 58:006:0223

ENTRY Number 61212:2015 

Page 1  Key page, gives description of what can be built on the property and where it can be built.

Jeffery Smith
Utah County Recorder

Deed was recorded on July 9, 2015 at 4:09 pm

PH FEE $14.00 BY SW

RECORDED FOR First American Title Insurance

ELECTRONICALLY RECORDED

SPECIAL WARRANTY DEED

In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, THANKSGIVING POINT DEVELOPMENT COMPANY, L.c., a Utah limited
liability company ("Grantor"), hereby conveys and warrants against only those claiming by,
through or under it (and no others), to the CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole,
whose address is 50 East North Temple, Salt Lake City, Utah 84150, Attn: Director, Special
Projects ("Grantee"), all right, title and interest in and to the real property located in Utah
County, Utah, and described as follows (the "Property"):

See Exhibit A attached hereto and incorporated herein by this reference; (page 3)

TOGETHER with all mineral rights, easements, and any other rights and hereditaments
appurtenant thereto and all improvements located thereon, but not including any water rights of
Grantor appurtenant to or relating to the Property; and SUBJECT TO current taxes and assessments and to the reservations, easements, covenants, conditions, restrictions, and other rights or interests of record or enforceable at law or equity.

Grantee covenants and warrants to Grantor that until the earlier of twenty (20) years from
the date this Special Warranty Deed is recorded or until Grantee transfers the Property to an
unrelated third party, Grantee (LDS Church) will maintain a family search and discovery center in the building located closest to the southern border of the Property consisting of at least 6,000 square feet and that is open to the general public. Grantee will also maintain sufficient parking on the Property to service such center. The purpose and intent of the foregoing covenant is to ensure that Grantee will operate the Property in a manner mutually beneficial to Grantor and Grantee. In the event of any breach of the foregoing covenant of Grantee and after thirty (30) days' notice from Grantor to Grantee, Grantor may institute legal proceedings provided under applicable law and shall be entitled to receive, in addition to any other remedies provided under applicable law, all attorneys' fees and costs incurred by Grantor in the maintenance of such proceedings. Any forbearance on the part of the Grantor to exercise its rights in the event of a breach of the covenant described above shall not be deemed or construed to be a waiver of its rights hereunder in the event of any subsequent failure of Grantee to comply.

End of page 1

Page 2 Signature page with notary signature

IN WITNESS WHEREOF,

Grantor has executed this Special Warranty Deed this day of July, 2015.

STATE OF UTAH COUNTY OF

THANKSGIVING POINT DEVELOPMENT
COMPANY, L.C., a Utah limited liability company

By: Beesmark Investments L.C., its manager
By:
Name: David Harkness Its: Manager

ss:
Acknowledged before me this 2, day of July, 2015, by David Harkness, the Manager of Beesmark Investments, L.C., a Utah limited liability company.

Notary u IC
Nota Public
TONIPOSTER I
' Commissim%57216
My Expkes

August 4, 2016 State of Utah

ENT61212:2015

End of page 2

Page 3

Exhibit A Legal description of Real Property

ALL OF LOT 1, PLAT A, FAMILY SEARCH SUBDIVISION, ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE UTAH COUNTY RECORDER.

End of page 3

Commentary: That is it, the entire Special Warranty Deed, 3 pages, deed, signature page and legal description of the property. There is no mention of a Stake Center or 120,000 commercial office building.  A Stake Center cannot be built on the southern border.

Here is a link to the Family Search plat, lot 1 described above. 

Click here    Family Search Plat, Lot 1

or cut and paste this link.

http://www.utahcounty.gov/LandRecords/DevelopmentDetailMap.asp?avid=39700&avmap=14674&avbkpg=39240

Recorded image of the Family Search plat, lot 1

Click here  Family Search Plat image

or cut and paste this link

http://161.119.38.203/mapfilings/document.aspx?MAP_NO=14674

Here is what the Corporation plans to build as presented by VCBO Architects on December 10, 2015

Click here  Corporation plans to build a Stake Center on the southern border

or cut and paste the link below

http://sirepub.lehi-ut.gov/sirepub/cache/2/bvdu3lmwdlp4scukygxurmcx/73748901032016084047118.PDF

Commentary:  You will notice in the Family Search plat documents and recorded image that there is no mention of a Stake Center or 120,000 sq ft commercial office building 

You will notice in the link titled Corporation plans to build....., it shows a Stake Center on the southern border and 120000 sq ft office building on the northern border.

It is the responsibility of Beesmark LLC or Thanksgiving Point Development Company (David Harkness) to give notice and reminder to the Corporation to HONOR their contractual commitment to build at least a 6000 square foot family search and discovery center on the southern border.  It is his right and fiduciary duty to protect to his organization and the citizens of Lehi. To do otherwise would be a miscarriage of justice.

What is the Corporation, City and Thanksgiving Point going to do, the world is watching.

Note:  I am not an attorney. I am not party to the contract between these two parties and do not have standing. I may be completely wrong in my assessment of the situation.  I have reached out to the Corporation, Beesmark and the City for clarification. Beesmark would not take my call, the City, it appears to me could care less and the Corporation, well they aren't going to do anything.  I have asked them to honor their commitment exactly as it is written in the special warranty deed, let's see if they do.

I have not seen the purchase and sale agreement between the two parties.  

The two parties in the purchase and sale agreement may have included diagrams showing the building of a 120000 square foot office building and a Stake Center on the southern border. 

However I don't think so.  

Take a look at the Corporations original plan presented to the Lehi Planning Commission on July 9th.  It included 2 x 120,000 sq ft office buildings and parking for over 750 cars.

 Click here       Original proposal put forth by the Corporation

or cut and paste the link below

http://sirepub.lehi-ut.gov/sirepub/cache/2/g4zo3bt4mh5osywxvzpml2pi/69695701032016090349663.PDF

Very important email string between Kim Struthers and myself, a must read, bottom line, the corporation cannot build on the Family Search plat as proposed!

New email to Brent Roberts, Nathan Hale and Ally Isom with the LDS Church

Please forward my blog post to the Presiding Bishop

William Conley

|

To:

halejn@ldschurch.org;

brent.roberts@ldschurch.org;

ally.isom@ldschurch.org;

Wed 12/30/2015 7:36 AM

Nathan, Brent and Ally

Please forward my blog post to the Presiding Bishop's office for review.

I blogged, facebooked and tweeted this post this morning.  I did cc the LDS Church and the City of Lehi in my tweet.

http://lehicityut.blogspot.com/2015/12/special-warranty-deed-between.html

Title of the post

Special warranty deed between Thanksgiving Point Development Corp and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints

new email

Re: The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet

Kim Struthers

|

To:

William Conley <billhytek@hotmail.com>;

Wed 12/30/2015 7:43 AM

You replied on 1/2/2016 2:25 PM.

Hi Bill,

 I do understand your concerns with the Family Search /LDS Church project and wanted to try to address again some of the points you have brought up.  I may have already provided this explanation to you verbally on the phone or in previous emails so I apologize if this is redundant information.  

I think we will have to agree to disagree on the interpretation of the word "adjacent" as used in the ordinance. as I look at the parcel lines/ownership maps, between the residential dwellings and the Church project there is a section of Thanksgiving Point golf course property on both sides of Desert Forest Lane separating the single-family detached units from the Church's project.  There is also the County's trail property that runs along the south side of Desert Forest Lane.  

Also, as you are aware, the Church's plan has been modified so that there is no longer a four-story building on the south side of the Church's property. 

The ordinance uses the word "should" when talking about building designs being two-story adjacent to single-family detached units.  When it comes to code writing and interpretation, there is a big difference in the meaning of the word "should" versus "shall", "must", etc.  I hope that provides some additional explanation from my standpoint.  

Thanks, Kim

new email

Re: The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet

William Conley

|

To:

Kim Struthers <kstruthers@lehi-ut.gov>;

Wed 12/30/2015 7:55 AM

Kim

Thanks for your reply, I will take that information into consideration.  

Does the City take a look at the specific language as signed by two parties in a special warranty deed governing what can and cannot be built on a parcel of land?

Does the city care what is written?  Do they take the language into consideration?

Here is a blog post I updated today regarding the Special Warranty Deed signed by the LDS Church and Thanksgiving Point.  As you can see, there is no mention of a Stake Center or Commercial office building.

Thank you so much for responding Kim, I truly appreciate that.

Bill

http://lehicityut.blogspot.com/2015/12/special-warranty-deed-between.html

new email

Re: The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet

William Conley

|

To:

Kim Struthers <kstruthers@lehi-ut.gov>;

Wed 12/30/2015 8:39 AM

You forwarded this message on 12/30/2015 8:46 AM

Here is a copy of the Special Warranty Deed

http://161.119.38.203/Recorder/document.aspx?Entry_No=61212&YR=2015

After you have read it, please have the city respond to my previous email and please take time to read my blog post..

http://lehicityut.blogspot.com/2015/12/special-warranty-deed-between.html

Thanks Kim

Bill Conley

new email, very important

Re: The LDS Church proposed development if allowed to be built (questionable) CANNOT exceed 2 stories or 35 feet

William Conley

|

To:

Kim Struthers <kstruthers@lehi-ut.gov>;

Sat 1/2/2016 2:25 PM

Kim

The Thanksgiving Point HOA of which I am a member owns Desert Forest Lane and property to the north and south of the property.

53:309:0144 parcel north of desert forest Lane owned by Thanksgiving Village Homeowner Association, this parcels borders Desert Forest Lane and the Thanksgiving Point Driving range

53:309:0154 Desert Forest Lane

53:309:0145 parcel south of desert forest Lane owned by Thanksgiving Village Homeowner Association

The Thanksgiving Point Homeowners Association is made up for single family residences of which I am one.  By virtue of me having partial ownership in the Thanksgiving Point HOA, I am a neighbor of the Corporations 11.99 acre parcel.

The Family Search Plat (not properly recorded, MUST be recorded by metes and bounds per chapter 28 of the Lehi City code) is a 1 lot subdivision.  It does not matter how many buildings you put on the 1 lot subdivision or where they are located on the subdivision, all buildings in the one lot subdivision must comply with Lehi City code.  If it were a multi lot subdivision, maybe one of the buildings could be larger than 35 feet, but it is not, it is a single lot subdivision and all buildings on the single lot subdivision MUST comply to the height ordinance.  

Secondly, according to the special warranty deed signed by the corporation and Beesmark, a Stake Center is NOT allowed to be build on the southern border of the subdivision.  I have made you aware that corporation is in violation of the language in the special warranty deed and is subject to a lawsuit to bring them back into compliance.  I highly suggest you read my blog, lehicityut.blogspot.com The corporation cannot build a stake center and a 120,000 sq ft commercial office building on the property.  You cannot in good conscious let a developer build something on their property that you know is in violation of the special warranty deed they contractually signed. To do so would be a dereliction of duty to the citizens of Lehi.

Have you read my blog?  Have you read the special warranty deed signed by the corporation and Beesmark LLC?

The corporation cannot build a 4 story building on this single lot subdivision.  

Let me give you an example.  If I purchased a 3 acre parcel and the height restrictions were 35 feet high near the street.  The city most certainly would not allow me to build a home that was 35 feet high in the front of the property and a garage that was 100 feet high on the back of the property.  In a single lot subdivision, it matters not where the buildings lie, they all must comply to the building codes as listed in the resort community code, chapter 28. Also in the code, it does not refer to a single building, it says buildings (plural),not just a stake center but the commercial office building as well.

Kim, I know you do whatever it takes to cover for the church and get this project built.  How about the citizens of Lehi?  Are you going to protect them as well.  Your first priority is to the citizens of Lehi who pay your salary. 

I keep mentioning a stake center and a commercial office building, neither of which is mentioned in the special warranty deed.  Neither can be built according to the deed, a legally binding contract between a grantor and a grantee. If you allowed anything other than was is specified in the deed, you would be facilitating a corporation attempt to break their legally binding contract. 

Once again, I will remind you that the Family Search plat cannot be recorded as a plat per chapter 28 of the Lehi city code, it must be recorded using metes and bounds. I have heard you say that a plat is sufficient and even superior, but if you are not going to follow this language, what other language in chapter 28 are you going to ignore or just not care about? Words have meaning.

Lastly, Todd Munger and Gary Smith could not have signed off on the subdivision if there are any infrastructure improvements (stoplights that keep getting talked about) that are necessary to help facilitate traffic.  How many other subdivisions of this magnitude as Todd Munger and Gary Smith signed off on without the knowledge or consent or input of either the planning commission or city council. I would imagine, zero!

Kim, you know that the planning commission and city council sign off on the creation of subdivisions.  Why the heck would you allow this to happen? For goodness sake,  Todd Munger did not even attend the one DRC meeting that discussed the plans the corporation presented to the city in early June and he signed off on the subdivision?  What?  Are you kidding me? I have asked the city and Todd Munger no less that 6 times to verify Todd Munger's signature on the Family Search Plat, a simple yes or no would do, but the refuse to respond which leads me to believe it was an auto signature, perhaps by someone other than Mr. Munger.  I would love for Todd Munger to confirm this is his actual signature. It may very well be, why won't he admit it?  What is he and the city hiding?

Now I know this is Utah County, but the law is the law, city code is city code and procedures must be followed.  The corporation is not above the law and those who work for or represent the city must not be biased to an organization in which they are a member. 

Finally, I am an owner of the property that borders the proposed development as are all the other single family residents of Thanksgiving Village HOA. This is a single lot subdivision and all the buildings (per code) cannot exceed 35 feet, the family plat is improperly recorded at Utah County, Todd Munger and Gary Smith could not sign off on the creation of the Family Search plat if city infrastructure needed to be improved, the corporation is breaking their contractual legally binding agreement with Beesmark, traffic in and around Thanksgiving Point per the corporations traffic study is already an F, the health, safety, welfare and morals of the residents of the city are put in harms way.  Seriously, I could go on and on, I will end it here.

Thanks

Bill  Conley