Baraya Apts - Agreement - Inspection updatedSUBDIVISION INSPECTION AGREEMENT - 1
(8/27/12)
SUBDIVISION INSPECTION AGREEMENT
This Subdivision Inspection Agreement (this “Agreement”) is effective as of the
_____ day of ____________, 20___ by and between Ada County Highway District, a
body corporate and politic of the State of Idaho (“ACHD”) and Open Door Rentals,
LLC. (“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 Baraya Apartments Subdivision / SUBP18-0086,
(the “Project”). 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: Baraya
Apartments Subdivision Sheets 1.0, 3.1-4.2, 6.2, and Approved Changes, bearing an
ACHD Stamp Date (the “Approved Plans”). Concurrently with this Agreement, ACHD
and Developer have executed that certain Subdivision Improvement Agreement, which
sets forth the parties’ respective rights and obligations as to the development of the
Project.
C. ACHD policy requires that ACHD enter into agreements with developers to
ensure that improvements constructed during the development of real property conform
to the improvement plans that are approved by ACHD and are in compliance with
ACHD’s standards, specifications, and policies.
D. ACHD and Developer desire to enter into an agreement that sets forth the
parties’ respective rights and obligations with regard to the inspections by ACHD of the
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. INSPECTIONS BY ACHD
1.1 Inspections. ACHD shall perform inspections of Developer’s
improvements related to the Project within the public right-of-way depicted on the
Approved Plans. Such inspections shall include all inspections deemed necessary by
ACHD, including without limitation field inspections, testing, and any re-testing wherein
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the initial test results were found to be unsatisfactory. ACHD shall comply with ACHD’s
policies in performing the inspections.
1.2 No Assumption of Liability. ACHD does not assume any responsibility or
liability for any losses or damages suffered by Developer from poor workmanship or
quality of materials discovered during ACHD’s inspections.
SECTION 2. PAYMENT FOR INSPECTIONS
2.1 Rates. Developer shall pay ACHD for its inspections services at the
employees current hourly rate plus overhead. Overhead consists of operational
overhead and fringe benefit overhead and is calculated annually by ACHD.
The District reserves the option to assign inspection services to an on-call
consulting materials testing laboratory. Developer shall pay ACHD all costs incurred by
ACHD from assignment of inspection services to consulting materials testing laboratory.
2.2 Initial Deposit. Upon execution of this Agreement, Developer shall furnish
ACHD with a cash deposit in the amount of Six Thousand and One Hundred Dollars
($6,100) as an initial deposit for the payment of the inspection services. When the cash
deposit is depleted, Developer shall pay additional inspection deposits prior to additional
inspections being scheduled and performed by ACHD.
2.3 Refund of Deposit. ACHD will refund to the Developer any and all unused
funds remaining of the initial inspection deposit within a reasonable period of time
following the satisfactory completion of all construction activities on the Project and
ACHD’s acceptance of the street improvements for public maintenance.
2.4 Payments. Developer shall pay for any and all additional inspection
services rendered by ACHD over and above the inspection deposit. Such payments
shall be made within thirty (30) days of each invoice.
SECTION 3. MISCELLANEOUS
3.1 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.
3.2 Amendments. This Agreement may not be modified, amended or altered
except in writing signed by both parties.
3.3 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.
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3.4 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
3775 Adams Street
Garden City, Idaho 83714-6499
If to Developer:
Open Door Rentals, LLC
1977 E Overland Road
Meridian, Idaho 83642
3.5 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.
3.6 Assignment. Developer shall neither assign nor transfer any of its rights
and/or obligations of this Agreement without express written consent of ACHD.
3.7 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be effective
the day and year first written above.
OPEN DOOR RENTALS LLC
By: Corey D. Barton
Its: Member
STATE OF IDAHO )
) ss.
County of Ada )
This record was acknowledged before me on _______________________, ______
[date]
by______________________________________
[name(s) of individual(s)]
as ___________________________________________
[type of authority, such as officer or trustee]
of_____________________________________________________.
[name of party on behalf of whom record was executed]
_______________________________
Signature of notary public
My commission expires: ________
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(8/27/12)
ADA COUNTY HIGHWAY DISTRICT
By: William J. Gall
Its: Development Review Supervisor
STATE OF IDAHO )
) ss.
County of Ada )
This record was acknowledged before me on _______________________, 20___ 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.