HomeMy WebLinkAbout5-25-22 Whitecliffe 3 Surety Transmittal V1�E IDR IAN,--
APPROVED J INEERING
o�iV APPROVED
fling and engineering communities for the future
DATE �UTIONS«P
fllE NUMBER: Fas-zazzaoze
To: Ada County Highway District
Attn: Kaci Bader
1301 N. Orchard
Boise, ID 83706
We are sending you:
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Phone: (208)938-0980
Fax: (208) 938-0941
E-mail: sharis@engsol.org
LETTER OF TRANSMITTAL
Date: May 25, 2022
Project Name: Whitecliffe Estates Sub. No. 3
Project No.: 201104
ACHD Project No.: SUBP21-0040
Copies
Dated
Description
1
5/25/22
Check in the Amount of $10,000.00 for Surety Deposit
1
5/25/22
ORIGINAL Subdivision Improvement Agreement
These are transmitted as indicated below:
For A provai
Approved as Submitted
Submit for Distribution
Street Signs
Approved as Noted
Return Corrected Prints
X
As Requested
Returned for Corrections
For Pre -Construction
For Review and Comment
Price
X
Signature Required
For Bids Due:
Resubmit for Approval
Remarks:
Thank you, Kaci!
Copy to:
Signed:
Shari Stiles
(E IDIAN -
APPROVED
DATE: 07/21/22
FILE NUMBER: FPS-2a22uo2S
1-0040
iffe Estates No. 3 Subdivision
SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (this "Agreement") is effective as of
the .Z day of Mytk4 , 2022, by and between Ada County Highway
District, a body corporate and politic of the State of Idaho ("ACHD") and 943 W
McMillan Road LLC, an Idaho limited liability company ("Developer").
RECITALS
A. ACHD is a single, countywide highway district with the exclusive general
supervision and jurisdiction over all highways and public rights -of -way within Ada County,
Idaho. ACHD has the power to establish design standards, establish use standards and
control access to public highways, public streets, and public rights -of -ways.
B. The Developer has submitted an application to develop a parcel of real property,
which development is known as Whitecliffe Estates No. 3 Subdivision & SUBP21-0040,
(the "Project"). ACHD has approved Developer's preliminary plat and issued site specific
and standard conditions of approval in the ACHD staff report dated August 8, 2018 ("Plat
Requirements"). ACHD has approved Developer's street improvement plans.
Developer's approved street improvement plans are on file with ACHD and are comprised
of the following drawings which are incorporated herein by reference: Whitecliffe Estates
No. 3 Subdivision, Sheets T-1 - DT-2, and Approved Changes, bearing an ACHD Stamp
Date (the "Approved Plans").
C. ACHD policy requires developers to provide financial surety as a guarantee if the
Plat Requirements have not been completed and improvements to the Project are not
constructed and accepted for maintenance and/or all other required items such as, but not
limited to, License Agreements, Record Drawings, and CC&RS for the project have not
been approved by ACHD at the time ACHD approves Developer's final plat.
D. ACHD and Developer desire to enter into an agreement that sets forth the parties'
respective rights and obligations with regard to the aforementioned subdivision
improvements.
NOW THEREFORE, in consideration of the mutual covenants herein contained,
and for other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF WORK
1.1 Construction of Project. Developer shall complete or cause to be completed the
improvements of the Project as shown on the Approved Plans in compliance with all ACHD
standards, specifications and policies, including without limitation, ACHD's Construction
Site Discharge Control Program. Such improvements shall include the installation of all
necessary utility lines and other public facilities, structures, and service connections
directly associated with the Project within the public right-of-way. Developer assumes full
responsibility for all street, drainage, irrigation, and utility construction activity associated
with the Project. Developer further assumes the responsibility to coordinate all
SUBDIVISION IMPROVEMENT AGREEMENT - 1
(8/23/17)
APPROVED
07/2„22 ruction activities herein with District's Development Services Department. The
'" E loper shall provide a bonded contractor(s) to perform all construction work.
SCE %U61BLR'FPS -zo 2—S
Utility Relocation. The Developer shall be responsible for the relocation of existing
utilities and District facilities necessary to construct the required street improvements, in
accordance with applicable sections of District Resolution No. 330.
1.3 Licensed Engineer. Developer shall use the services of a professional engineer
licensed in Idaho to furnish and complete all plans, to supervise all construction field
staking or monitor construction field staking supervised by a professional land surveyor,
and to ensure that the improvements comply with ACHD standards, specifications, and
policies. The Developer shall assume all responsibility for any errors or omissions on
approved plans prepared by Developer's engineer.
1.4 Inspections. The Developer shall pay the applicable inspection fees and arrange
for timely inspection of the development by the District. The inspection shall be conducted
in accordance to the Subdivision Inspection Agreement, standard plans and specifications
and good engineering and construction practices. If a change in the Approved Plans or
design becomes necessary, the change shall be submitted by the design engineer to the
District for review and approval prior to the change being implemented on the Project.
1.5 Time for Completion. The Developer shall complete all plat Requirements and the
construction of the improvements as shown on the Approved Plan by the day of
, 20_ (the "Completion Date").
1.6 Record Drawings. The Developer shall submit to ACHD a record set of as -built
drawings to the District following completion of the construction of all public improvements
and prior to ACHD's final acceptance of the improvements and release of any financial
surety. Record Drawings shall meet the requirements of ACHD Policy Section 7108.3 and
the plan acceptance letter. The Engineer of Record shall certify the drawings.
1.7 Warranty. The Developer warrants to ACHD that all public improvements
constructed with respect to the Project are free from defects, conform to good engineering
and construction practices and are in compliance with all ACHD standards, specifications
and policies. The Developer further warrants that all materials and equipment installed
are of good quality, new and free from defects. Any settlement of the road surface and
any failure of the improvements to function as designed or failure to provide the full design
capacity within the warranty period shall be deemed conclusive evidence of defective work
or materials. The Developer shall promptly remedy or cause to be remedied any defects
in the materials, equipment and improvements found to be defective. The Developer
shall pay for any and all costs to correct any and all defects in materials, equipment and
improvements. The aforementioned warranty shall run for a period of 24-months from
the date of the District's written final acceptance of the street improvements for public
maintenance. The District will give written notice of the defect within a reasonable period
upon ACHD's discovery of such defect. Developer shall correct all defects that Developer
receives notice of within the warranty period.
1.8 Stormwater Facilities/Mud Tracking. At its own expense, the Developer shall
ensure the public streets within and abutting the Project will be kept free of mud tracking
and that the stormwater facilities shall be kept free of contamination from siltation from
mud tracking on the streets or other activities of the contractors within the subdivision.
SUBDIVISION IMPROVEMENT AGREEMENT - 2
(8/23/17)
APPROVED
DA 07/21/22 Stormwater FacilitiesNegetation. If the ACHD stormwater facilities are designed
'' E',u', a;e;FPs ° °° MP(s) requiring vegetation as a component of the BMP(s), the Developer shall be
risible for the establishment of all vegetation in the ACHD stormwater facilities within
the warranty period set forth in Section 1.7. To ensure adequate vegetation establishment
meeting the requirements of the selected BMP(s) the Developer shall post a minimum
$5,000 warranty bond (or provide another financial surety acceptable to ACHD) through
the warranty period. If the vegetation has not established within the warranty period, the
Developer shall be required to request an extension of the improvement agreement and
take the necessary steps to remedy the deficiency.
SECTION 2. FINANCIAL SURETY
2.1 Financial Surety Amount. If the Plat Requirements are not completed and/or the
improvements set forth in the Approved Plans are not constructed at the time of ACHD's
approval of Developer's final plat, the Developer shall furnish a financial surety as a
financial guarantee to ensure the proper and timely construction of the improvements by
the Completion Date. The amount of the financial surety shall be 110 percent of the
construction costs estimated by ACHD to complete the required improvements. The
financial surety shall be in an amount and a form that is satisfactory to the District.
2.2 Release of Financial Surety. ACHD shall not be obligated to release the financial
surety until the required Plat Requirements and improvements and/or documents have
been accepted by ACHD and any costs incurred by ACHD under this Agreement have
been paid in full. ACHD may in its discretion grant a reduction of the financial surety if a
substantial portion of the required improvements have been satisfactorily constructed and
inspected by ACHD. Any reduction in the financial surety does not constitute an
acceptance of any portion of the street improvements by ACHD.
2.3 Failure to Timely Complete Improvements. Subject to Section 3 below, if the
required Plat Requirements and/or improvements are not completed by the Completion
Date, ACHD may make demand on the financial surety and proceed to complete the
required improvements.
SECTION 3. EXTENSION OF TIME
3.1 Request for Extension. If during the construction process, Developer finds that the
Completion Date cannot be met, Developer shall notify ACHD in writing thirty (30) days
prior to such deadline. Such notice shall set forth the desired duration of the extension of
the Completion Date and the reasons for requesting such an extension. The Manager of
Development Services Department for ACHD (or their designee) may, in his or her
discretion, grant an extension of the Completion Date for up to a period of one (1) year,
provided that (i) the Project improvements have not been identified as an urgent need,
and (ii) an acceptable valid financial surety is in force at the time of the extension request.
Any extension of the Completion Date by ACHD shall be in writing.
3.2 Second Request for Extension. Developer may request a second extension of
the Completion Date following the procedure set forth in Section 3.1 above. ACHD's
Director (or their designee) may, in its discretion, grant such request for such time as he
or she determines to be appropriate, provided that (i) the Project improvements have not
been identified as an urgent need, and (ii) an acceptable valid financial surety is in force
SUBDIVISION IMPROVEMENT AGREEMENT - 3
(8/23/17)
APPROVED
oOV APPROVED
time of the extension request. Any extension of the Completion Date by ACHD shall
DA E writing.
:IJ %U61BLRFPS -zazz-a
TT Payment of Additional Surety. As a condition of granting an extension of the
Completion Date pursuant to either Section 3.1 or 3.2 above, ACHD may, in its discretion,
require Developer to provide an additional financial surety as a financial guarantee to
ensure the proper and timely construction of the improvements by the extended
Completion Date. The amount of the financial surety shall be determined by ACHD in its
discretion and shall reflect the updated cost estimate to complete such improvements.
3.4 Filing Fee. Developer shall pay a filing fee of $150.00 for any requests for
extensions of the Completion Date.
3.5 No Waiver. Any review of a request for an extension of time shall not be construed
as a waiver of ACHD's right to draw upon the financial surety to enforce the terms of this
Agreement.
SECTION 4. DEFECTIVE WORK
4.1 If the Developer defaults or neglects to carry out the work in accordance with this
Agreement and fails within a ten-day period after receipt of written notice from ACHD to
commence and continue to correct such default or neglect with diligence and promptness,
ACHD may after such ten-day period, without any prejudice to other remedies, correct
such deficiencies. In such case, ACHD may draw upon the financial surety paid by
Developer and charge the reasonable cost of correcting such deficiencies, including
ACHD's expenses and compensation of any additional professional services made
necessary by such default, neglect, or failure.
SECTION 5. MISCELLANEOUS
5.1 Emergency Contact Information. The Developer shall furnish ACHD with names,
addresses and phone numbers of Developer's designated representative to contact in
case of an emergency.
5.2 Entire Agreement. This Agreement sets forth the entire agreement and
understanding of the parties relating to the subject matter herein. Notwithstanding the
foregoing, this Agreement shall not relieve the Developer of any expressed or implied
warranties that the Developer has given to ACHD with respect to the Project.
5.3 Compliance with Approved Plans. Neither the final certificate of completion,
written acceptance of improvements for maintenance, nor ACHD's use of the
aforementioned improvements, nor any terms of this Agreement, constitute ACHD's
SUBDIVISION IMPROVEMENT AGREEMENT - 4
(8/23/17)
APPROVED tance of any improvements which are not in compliance with the Plat Requirements,
," E oAPPROVED
ved Plans and ACHD's standards and specifications.
:Ij %U61BLR'FPS -zo 2-S
ITO Amendments. This Agreement may not be modified, amended or altered except
in writing signed by both parties.
5.5 Time of the Essence. Time is of the essence for the performance of this
Agreement. No waver by either party of strict and timely performance of the other shall
constitute a waiver of any subsequent breach or default.
5.6 Notices. All notices given pursuant to this Agreement shall be in writing and shall
be given by personal delivery, by United States Mail or other established express delivery
service (such as Federal Express), postage or delivery charge prepaid, or e-mail,
addressed to the appropriate party at the address set forth below.
IF TO ACHD:
Ada County Highway District
Development Services Department
1301 N. Orchard Street, Ste. 200
Boise, Idaho 83706
IF TO Developer:
943 W McMillan Road LLC
13967 Wainwright Dr, Ste #102
Boise, Idaho 83713
5.7 Signatories. All signatories of the Agreement represent and warrant that they have
the power to execute this Agreement and to bind the entity they represent to the terms of
this Agreement.
5.8 Assignment. Developer shall neither assign nor transfer any of its rights and/or
obligations of this Agreement without express written consent of ACHD.
5.9 Attorney Fees. The prevailing party in any legal action brought by one party
against the other and arising out of this Agreement shall be entitled, in addition to any
other rights and remedies it may have, to reimbursement for its expenses, including court
costs and reasonable attorney fees.
SUBDIVISION IMPROVEMENT AGREEMENT - 5
(8/23/17)
�E IDIAN>
APPROVED
DATE: 07/21/22
FILE NUMBER: FPs2022-0020
N WITNESS WHEREOF, the parties have caused this Agreement to be effective
and year first written above.
943 W McMillan Road LLC, an Idaho
limited liability c
By: Todd Amyx
Its: Manager
ADA COUNTY HIGHWAY DISTRICT
By: William J. Gall
[Notary acknowledgments follow.] Its: Development Review Supervisor
SUBDIVISION IMPROVEMENT AGREEMENT - 6
(8/23/17)
�E IDIAN>
APPROVED
DATE: 07/21/22
E OF IDAHO )
) ss.
ty of Ada )
This record was acknowledged before me on S+h , 2022,
[date]
by Todd Amyx, as Manager of 943 W McMillan Road LLC.
Or9kY 400.•'�� tip:
Is
',,lff,,,;0% "
Signat*e of notary public
My commission expires:(D'?I-Zozs
SUBDIVISION IMPROVEMENT AGREEMENT - 7
(8/23/17)
APPROVED
)A:E 07/21/22
OF IDAHO )
) ss.
of Ada )
This record was acknowledged before me on , 2022, by
William J. Gall as Development Review Supervisor of the Ada County Highway District.
Signature of notary public
My commission expires:
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil
Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on
the grounds of race, color, national origin, gender, disability or age, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service,
program or activity.
SUBDIVISION IMPROVEMENT AGREEMENT - 8
(8/23/17)