Agency Comments~E IDIAN~--
IDAHO
June 26, 2013
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Mr. Cory Swain Mr. Kelly Fulfer
Alliance Management Consultants, LLC Superior Construction & Excavating, Inc.
290 Bobwhite Court, Suite 220 P.O. Box 455
Boise, Idaho 83714 Meridian, Idaho 83680
RE: Bienville Square Subdivision No. 2 -Final Acceptance
Dear Mr. Swain:
Installation of this project's sanitary sewer and/or domestic water systems has been
satisfactorily completed in accordance with the approved plans. These systems have passed
the required testing in accordance with City of Meridian Standard Specifications and Drawings,
and therefore are hereby accepted by the City for ownership and normal maintenance.
Record drawings submitted to us for this project are also accepted and are being forwarded to
the Idaho Department of Environmental Quality. The engineer of record is responsible for
certification of the record drawings as to horizontal and vertical location of all public water and
sewer facilities installed.
In accordance with the City of Meridian's Unified Development Code §11-5C-3, and the Public
Works Department' Standard Specifications and Drawings, the installation and materials of the
sewer and domestic water systems are to be warranted against defect by the owner fora .period
of two years from the date of this letter.
cc. -City Clerk
PW -Water Division
PW -Wastewater Division
PW -Construction Division
File
DEQ
Public Works Department . 33 E Broadway Ave, Suite 200, Meridian, ID 83642
Phone 208-898-5500 Fax 208-898-9551 www.meridiancity.org
City Engineer
ADA COUNTY RECORDER Chrisropher D. Rich AMOUNT .00 ~
BOISE IDAHO 04110113 12:03 PM I ` I+
RECQRDED~REQUEST OF I~~ ~IIII~~~IIIIIIIIIUIIIIIIIIIiIlII!
Meridian City 113038351
City of Meridian
DEVELOPMENT SURETY AGREEMENT
THIS DEVELOPMENT SURETY AGREEMENTis made and entered into this 19`~day
of Mazch, 2013by and between the CITY OF MERIDIAN, a Municipal
Corporation,hereinafter referred to as CITY, and CENTER POINT SQUARE, LLC
hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS,_DEVELOPER has petitioned the CITY to accept a subdivision plat known
as BienviIle Square Subdivision No. 2, located in the City of Meridian; and
WHEREAS, the Meridian Unified Development Code, Section MCC 11-5C-1 through
11-5C-4and applicable ordinances and Laws of the CITY require that the DEVELOPER
execute and file with the CITY an agreement providing for, among other things, the
period within which all required improvements shall be made within said subdivision and
that if such work is not completed within the period specified, the CITY may complete
the same and recover the full cost and expense thereof from the DEVELOPER; and
WHEREAS, the CITY is agreeable to acceptance and filing of said subdivision plat upon
the execution of this Agreement and compliance by the DEVELOPER with the
provisions of the Meridian City Code.
NOW, TAFRRFORE, in consideration of foregoing mutual promises, covenants and
agreements of the parties, it is hereby agreed as follows:
1. The DEVELOPER agrees to install all of the required public improvements as
shown on the "Approved for Construction" plans dated the 26th day of March,
2013, and bind themselves to use such materials and to so construct all of the
improvements according to CITY standards as defined by the applicable
Ordinances, and Standards and Specifications of the CITY.
2. The DEVELOPER agrees to restore at no cost to the CITY any monument erected
or used as a survey marker or boundary of any tract, plat or parcel of land which
monument is broken down, damaged, obliterated, removed or destroyed, whether
willfully or not, by the DEVELOPER, or the agents, employees or contractors of
the DEVELOPER.
3. The DEVELOPER agrees that all of said public improvements shall be completed
on or before the 13th day oflVlarch, 2014and that the DEVELOPER will correct,
repair and maintain a1I such improvements from any defects, omissions or
irregularities in the construction, materials or work thereof for a period of two (2)
calendar years from the date of acceptance of such improvements. The
DEVELOPER agree that in case they shall abandon the work, fail to make
satisfactory progress on the work, or fail to complete the work by the date
specified, the CITY may cause the work to be completed by another person under
contract, by its own forces, or both. The DEVELOPER shall be jointly and
severably liable to the CITY for any and all loss and damage from such
abandonment or failure, either from the greater expense of so completing or
repairing faulty or damaged work, or from any other related cause.
4. Upon execution of this Agreement, the DEVELOPER shall deliver to CITY
performance surety (Irrevocable Letter of Credit, Corporate Surety Bond or Cash
Deposit) for the purpose of assuring DEVELOPER'S full and faithful completion
of the public improvements within said Subdivision. The amount of the
performance surety shall be the sum of $232,000. The amount of such surety
assurances is based upon 125% of an itemized contractor's bid fox the completion
the required infrastructure improvements and 110% of alI other required
improvements. CITY'S acceptance of such assurance shall not be construed as a
limitation on the amount which may be spent on completion of required
improvements.
S. At such time as all required public improvements within the Subdivision have
been completed in accordance with the CTI'Y'S requirements, the DEVELOPER
shall notify the CITY of the readiness for final inspection. Upon certification by
the City Engineer that all requirements of the CITY have been met and CITY
formally accepts such improvements, the DEVELOPER will submit to the CITY
a Warranty Surety in a form approved by the CITY in the sum of $7,747.30 to
provide for correction of any defective materials or workmanship in such public
improvements for a period of two (2) years after final acceptance, as defined in
the City Public Works Construction Code. The amount of such surety assurances
is based upon 20% of the initial itemized contractor's bid for the completion the
required improvements.
6. The CPI'Y agrees to accept the completed required subdivision improvements
upon certification by the City Engineer:
1. That all required subdivision public improvements have been constructed
in accordance with the City Public Works Construction Code;
2. That the DEVELOPER has fulfilled the requirements of the City
Development Code; and
Such certification is not intended to relieve DEVELOPER or any contractor or
material supplier of their responsibility for any defects in materials or
workmanship of such improvements.
7. In construing this Agreement, it is understood that either party may be more than
one pexson and if the context so requires, the singular pronoun shall be taken to
mean and include the plural, the masculine, and neuter, and that generally all
grammatical changes shall be made, assumed and implied to make the provisions
hereof apply equally to a single or several individuals.
IN WITNESS WHEREOF, the parties shall. cause this Compliance Agreement to be
executed by th n duly authorized officers the day and year first above written.
SQUARE, LLC:
By; _
Kim
STATE OF IDAHO, )
. ss.
County of Ada, )
On this day of r : ~ 20 ~ 3 befo
_, re me, the
undersigned, a Notary Public in and for the State of Idaho, personally appeared -Kim
Kinney, known or identified to me to be the Registered AgentofCENTER POINT
SQUARE, LLC,who executed this instrument on behalf of said Limited Liability
Company, and acknowledged to me that such Limited Liability Companyexecuted the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
M1A~f~O.k~AMN01A
-Motdry rublb
:tai OF Moro
_ Notary Public for Idaho
Residing at: ~(~-, q,,.,~
My commission Expires: z ~, ~
..
CITY OF MERIDIAN:
By:
Tammy de Wee ayor
STATE OF IDAHO,
County of Ada, )
ss.
On this 4'~- .
5 day of 20~, before me, the
undersigned, a Notary Public in and fo the State of Idaho, personally appeared Tammy
de Weerd, known or identified to me to be the Mayor of the City of Meridian, Idaho and
who subscribed their names to the within instrument and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
N~~~~~~h
~' Notary Public Idaho
~'~"r = Residing at: P~yJ~~c~~ ~ ,~Qq~
~~. ~°OS~,~C My commission Exp~res:_ c.~,~ . Z p~ ~ '
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CENTRA!
•• DISTRICT
HEAL
DEPARTM
"To improv
13-0257
~~ ~ ~~~~
TH
ENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500
e the health of our communities by identifying and assuring sustainable solutions to community health issues. "
Mazch 18, 2013
Christopher D. Rich
Ada County Recorder
200 West Front Street
Boise, ID 83702
RE: Bienville Square Subdivision No. 2
Dear Mr. Rich:
Central District Health Department has reviewed and does approve the final plat for this
subdivision for central water and central sewer facilities. Final approval was given
Mazch 18, 2013.
Sanitary Restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied
according to this letter to be read on file with the County Recorder or his agent listing the
conditions of approval. Sanitary Restrictions may be re-imposed in accordance with Section
50-1326, Idaho Code, by the issuance of a certificate of disapproval.
If you have any questions, please call 327-8517.
Sincerely,
r
Michael H. eno, R.E.H.S.
Supervisor
Land Based Programs
cc: Department of Housing and Urban Development
City of Meridian
Bailey Engineering, Inc.
ULC Management, LLC
MHR:bm
Ada /Boise County Office
707 N. Armstrong PI.
Boise, ID 83704
Enviro. Health: 327-7499
Reproductive Health: 327-7400
Immunizations: 327-7450
WIC: 327-7488
FAX: 327-8500
Serving Valley, Elmore, Boise, and Ada Counties
Elmore County Office
520 E. 8th St. North
Mountain Home, ID 83647
Enviro. Health: 587-9225
Family Health: 587-4407
WIC: 587-4409
FAX: 587-3521
Valley County Office
703 N. 1st St.
McCall, ID 83638
Ph. 634-7194
FAX: 634-2174
•• DISTRICT
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
`1THEALTH Environmental Health Division
DEPARTMENT
Rezone #
Conditional Use #
Preliminary /Final /Short Plat ~ /3- 04 Z
Return to:
^ ACZ
^ Boise
^ Eagle
^ Garden City
^ Kuna
Meridian
^ Star
^ 1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ bedrock from original grade ^ other
^ 6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
/~8. After written approval from appropriate entities are submitted, we can approve this proposal for:
~ \ ~entral sewage ^ community sewage system ^ community water well
^ interim sewage ,central water
^ individual sewage ^ individual water
The followin plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality:
,~entral sewage ^ community sewage system ^ community water
^ sewage dry lines Ja=central water
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
3. Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be
^ 14.
submitted to CDHD.
Reviewed By:
Dater/~+[/~,~
75726007EH1111 Review Sheet
. ~I ~/
1
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
Jarrb~ry 30, 2013 FAX #208-463-0092 nmid.org
OFFICE: Nampa 208-466-7861
City Of Merldlan SHOP: Nampa 208-466-0663
City Clerk's Office
33 E :Broadway Avenue, Suite 102
Meridian, lD 83642-2619
R~; _ FP 13-002/Bienville Square No. 2
Dear Jaycee:
The material provided shows all storm drainage being retained onsite. Irrigation water is to
be supplied by a privately owned and operated pump station.
There are no new encroachments to Nampa & Meridian Irrigation District (NMID)'s Finch
Lateral which has an easement of eighty feet (80'); forty feet (40') each side of centerline.
Therefore, NMID has no comment on this Final Plat as it is proposed.
Sincerely,
~ n c.~.~
Greg G. Curtis
Water Superintendent
Nampa & Meridian Irrigation District
GGC/dbg
C: Office/File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS-23,000
BOISE PROJECT RIGHTS -40,000