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HomeMy WebLinkAboutSIGNED_BondAgreement_TheCharlesNo.2DEVELOPMENT SURETY AGREEMENT – The Charles No. 2 – Page 1 City of Caldwell Planning & Zoning PERFORMANCE - SURETY AGREEMENT THE CHARLES NO. 2 THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this day February 10th, 2026 by and between the CITY OF CALDWELL, a Municipal Corporation, hereinafter referred to as CITY, and Triple Dot Development LLC, hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on July 21, 2025, the Final Plat (“Approved Plans”), for the development known as The Charles No. 2 (“Development”) located in the City of Caldwell; and WHEREAS, the approval granted by the CITY requires that certain non-life, non-safety and non-health improvements (“Required Development Improvements”) be made in connection with construction of the development, and that such improvements be constructed in full compliance with City standards, and the approved plans and specifications submitted with the project, as require by the CITY; and WHEREAS, the agreement or approval granted by the CITY requires that the Improvements are to be made or constructed within a certain period of time; and WHEREAS, the City Code of the City of Caldwell, Section 10-03-17 establishes procedures that guarantee the completion of Required Development Improvements by allowing the OWNER/ DEVELOPER to execute and file with the CITY an agreement providing for, among other things, the period within which all Required Development Improvements shall be made and that if the Required Development Improvements are not completed within the period specified, the CITY may complete the same and recover the full cost and expense thereof from the surety deposited from the DEVELOPER; and DEVELOPMENT SURETY AGREEMENT – The Charles No. 2 – Page 2 WHEREAS, OWNER/DEVELOPER has petitioned the CITY to allow for the acceptance of a performance surety bond in order to proceed with said development. The Required Development Improvements to be covered by the performance surety bond would be as follows: ☒ Landscaping ☐ Sidewalks ☒ Pathways ☒ Fencing / Screening ☒ Parking Lots ☐ Public Amenities (See attachment A for list of public amenities) ☒ Common Areas ☐ Other; please describe: ___________________________________________________; 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 City Code, and any entitlement or development agreement conditions of the City of Caldwell; and WHEREAS, it is understood and agreed that this obligation shall continue in effect until released in writing by the CITY, but only after the DEVELOPER has performed and satisfied the conditions listed herein. NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the parties, it is hereby agreed as follows: 1. The DEVELOPER agrees to construct all of the Required Development Improvements to conform to the design, location, materials, and specifications for the indicated site improvements, as required by the CITY in the above-mentioned CITY file and in accordance with the approved plans, land use entitlement conditions, and any associated development agreements. In addition, the DEVELOPER agrees to bind themselves to use such materials and to so construct all of the Improvements in compliance with all applicable City ordinances and State Codes and in a manner acceptable to the CITY (hereinafter “City’s Requirements”). 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 must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material men and suppliers or others as a result of such work for which a lien against any property has arisen or may arise. 4. The DEVELOPER agrees that all said Improvements shall be completed on or before May 1, 2026. 5. The DEVELOPER agrees that if they default and abandon the improvements, fail to complete the improvements in accordance with the approved plans, or fail to complete the Improvements within the time specified by the CITY, then the CITY, its employees and DEVELOPMENT SURETY AGREEMENT – The Charles No. 2 – Page 3 agents shall have the right at the City’s sole election to enter onto said property described above for the purpose of completing the Improvements. The DEVELOPER shall be jointly and severably liable to the CITY for any and all loss and damage from such default, abandonment or failure, either from the greater expense of so completing or repairing faulty or damaged Improvements, or from any other cause related to DEVELOPERS failure to complete the Improvements, which expense shall not be limited by any surety. This provision shall not be construed as creating an obligation on the part of the CITY or its representatives to complete such improvements. 6. Upon execution of this Agreement, the DEVELOPER shall deliver to CITY a performance surety (Corporate Surety Bond, a Cashier’s Check, or a Cash Deposit) (“Performance Surety”) for the purpose of assuring DEVELOPER’S full and faithful completion of the required Improvements as shown on the Construction and/or Development Plans, and as specified herein. The amount of the Performance Surety shall be 150% of an itemized contractor’s bid, as shown on Exhibit “A” attached hereto and incorporated herein, for the completion of the Required Development Improvements in the sum of $187,725.75. CITY’S acceptance of such assurance shall not be construed as a limitation on the amount which may be spent on completion of the Improvements. 7. At such time as all Required Development Improvements have been completed in accordance with the CITY’S requirements, the DEVELOPER shall notify the CITY of the readiness for final inspection. The DEVELOPER must obtain acceptance from the CITY of the work completed, all on or before thirty (30) days after completion date set forth in paragraph 4 above. 8. Upon certification by Planning and Zoning that all requirements of this agreement, and compliance with Chapter 10 and Chapter 11 of the CITY have been met, the following shall occur: A. The DEVELOPER shall submit a written request to the CITY to release the Performance Surety, including: i. A statement from the DEVELOPER that the required Improvements are complete and have been constructed in accordance with the City’s Requirements, and 9. The CITY 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. 10. Corrections: Any corrections required by the CITY shall be commenced within seven (7) days of notification by the CITY and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the CITY shall have the right, without recourse to legal action, to take such action under this agreement as described in paragraph 5 above. DEVELOPMENT SURETY AGREEMENT – The Charles No. 2 – Page 4 11. Enforcement: It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to filing of any suit, the actual costs incurred by the CITY, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable attorney fees shall be recovered by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as part of any recovery in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Idaho. 12. Bond Expiration: This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a bond guaranteeing that the DEVELOPER will correct, repair and maintain all such Required Development Improvements from any defects, omissions or irregularities in the construction, materials or work thereof for a period of two (2) years from the date of written acceptance of such Improvements. 13. In construing this Agreement, it is understood that either party may be more than one person 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 Surety Agreement to be executed by their duly authorized officers the day and year first written above. Signatures on Next Page DEVELOPMENT SURETY AGREEMENT – The Charles No. 2 – Page 6 EXHIBIT A ITEMIZED BID QUOTE Eloy & Son Landscape Construction, Inc. INVOICE # NO.223 DATE: JANUARY 8, 2025 1765 S. Robinson Rd. Nampa, ID 83687 (208) 250-9078 eloyandson@gmail.com EXPIRATION DATE DATE TO Tanner Leighton SALESPERSON JOB PAYMENT TERMS DUE DATE The Charles Subdivision in Caldwell QTY DESCRIPTION UNIT PRICE LINE TOTAL 12,000 Ln Ft Supply and Install Common area landscaping Phase 2 Charles $11,750 $11,750 Design, supply and install automatic sprinkler system. System will be design built. Lawn areas to have spray and gear drive heads. Pave Phase 2 Parking Lot $55,000 $55,000 Cougar Pathway Paving $15,000 $15,000 SUBTOTAL SALES TAX TOTAL $81,750 ____________________________________________________________________________________________________________________ This is a quotation on the goods named, subject to the conditions noted below: Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation. To accept this quotation, sign here and return: ___________________________________________________________________________ ROCKY MOUNTAIN FENCE OF IDAHO PO Box 1277 Eagle ID 38616 United States Phone 1: 208-329-6612 , Phone 2: rmfcinc@gmail.com https://www.rmfencecompany.com/ PROPOSAL INVOICE No. QUOTE No. S00718 P.O No. DATE: 2025-11-16 20:19:21 NAME : Granite Excavation - Charles Sub Sales Person: Mark Harila STREET : 16272 Lake Ave Sales Phone : Sales Email : markh@rmfencecompany.com CITY : Caldwell STATE : Idaho ZIP : 83607 Phone Number : +1 208-382-4188 Email : joshv@graniteexcavation.com PRODUCT Vinyl Fence - 2 Rail Privacy - Dig Set (8', White, 11.3 triple)-->Length= 804.90-ft Subtotal: $ 22,583.25 MAP & GEONOTES GeoNotes Install new 6' White Vinyl privacy fence in accordance with Ph2 plans. Vinyl Fence - 2 Rail Privacy - Dig Set (8', White, 11.3 triple)-->Length= 744.90-ft Subtotal: $ 20,817.25 PRODUCT SPECIAL NOTES: Vinyl Fence -6’ Tall 2 Rail Privacy - 5x5 Vinyl Posts w/ cap 1.5” x 5.5” Rails - hidden rail locks- 8' rails include metal insert in bottom rail 2 U-channel per section - attached to posts 11.3” picket/panels **Manufacturer’s Limited Lifetime Warranty (see warranty information) TOTAL: $ 43,400.50 . CHECKLIST TYPE OF TERRAIN ➤ New Construction LANDSCAPING ➤ None REMOVE AND DISPOSE ➤ REMOVAL NOTES ➤ CLEAR FENCE LINE BY ➤ FENCE TO ➤ Follow Grade FINISH FACE OUT/IN ➤ GATE NOTES ➤ WATER  ELECTRICITY  PRIVATE UTILITY LINES  SPECIAL EQUIPMENT ➤ Skid SPECIAL TOOLS ➤ QUOTE GOOD FOR THIRTY (30) DAYS FROM BID DATE. EXCLUDED in quote: signage, bonding, building permits, clearing of fence lines, site staking or surveying, grading, concrete drilling or solid rock excavation, material testing, locate of private utilities, and any underground utility repairs including sprinkler repair. RMF of Idaho, llc will perform all work in a professional manner, assuring services and procedures will be performed according to industry standards and practices. Workmanship is guaranteed for a period of one (1) year. Any changes or deviations from this estimate must be in the form of a written change order, and may incur additional charges. _____ Prior to any work RMF of Idaho, llc will contact Digline to mark utilities maintained by utility companies (power, gas, water, communication lines etc). Digline is a separate entity and RMF of Idaho, llc is not responsible for the accuracy or method of their markings. Digline ONLY marks Public utilities; typically from the point of service to the home. They do not mark any Private utilities such as gas and power lines to pool or spa equipment, fire pits, outdoor lighting, sheds or other items not connected to the home. They DO NOT mark sprinkler lines. All private lines are the responsibility of the property owner who will need to call a private locator in order to have them marked if concerned they will be damaged during the installation process._____ Customer is ultimately responsible for identifying property lines or property pin location for fence placement. If property pins cannot be located customer may call a surveyor who can estimate, measure and provide property boundaries in order to prevent property line disputes in the future. Customer is responsible for obtaining any required permits or approvals; and complying with specific city, county, subdivision or HOA requirements prior to the start of the project. _____ Due to the unforseen nature of the work; underground obstacles including utilities, tree roots, rock, concrete, asphalt, or landscape features (including sprinkler lines) that results in additional digging time will incur additional charges._____ Customer is responsible to move, cover, tie back, trim, or protect any; plants, grass, foliage, or other items of property that the contractor may come into contact with while working. RMF of Idaho, llc is not responsible for any landscape/sprinkler damage due to construction, materials and traffic. We will take precautions to minimize damage, but we do recommend all fence lines be clear of obstacles at a minimum of 24” to each side of the fence line to allow access for installation. We also recommend turning sprinklers off 3 days prior to our arrival to help prevent additional wear and tear on existing landscape. _____ Once your fence installation is complete, it is highly recommended that customers adjust sprinkler heads to prevent water from damaging or staining fencing. Excessive water can damage and stain EVERY type of fence and shorten the lifespan of the product. _____ Material Disclaimers: Wood: Cedar has natural characteristics to prevent rotting, deterioration and insect infestation. It can last many years if stained and sealed to keep out moisture and reflect harmful UV rays from the sun. However, Wood is a natural product and as such it WILL expand and contract through no fault of Contractor. Some knots and/or knotholes may be present and the color of the wood may vary. ALL wood is GUARANTEED to warp, crack, split, and check. A check is technically neither a split nor a crack. A check is described as an opening on the surface of the wood that runs parallel to the direction of the grain and results in seasonal fluctuations in wood’s moisture content. While they do not cause structural harm to cedar, checks can cause it to suffer aesthetically. It is important to remember that checking will not affect the integrity of your fence or shorten its lifespan. This is a completely natural occurrence. Cedar will turn a silver gray if not sealed and stained. We recommend customers stain their fence every 2 years with an oil based product to prevent water absorbing into the wood which will help with the above stated issues. Because wood is a natural product there is no warranty on warping, cracking, splitting, and checking. Vinyl: Any product exposed to UV light will gradually shift in color over time. Like any PVC based building product, vinyl fence will absorb heat and cold, expanding/contracting as temperatures change. Even new, the material may have slight scratches, imperfections, or color variations. Soil Disclaimer: Contractor is not responsible for fence failure due to non-compacted soils or grading problems, especially next to or on top of berms, retaining walls, etc. Gates and Latches: Gates are the only moving part of a fence and they are the #1 call back in the fence industry. Knowing this, RMF of Idaho, llc strives to build gates to the highest standard incorporating adjustable hinges, braces, and metal supports wherever possible. However gates may settle after installation and the materials they are constructed with will expand or contract depending on seasonal weather and temperature. Gate hinges and latches may require adjustments to remain functional. RMF of Idaho, llc will show homeowners ways to adjust their gates after installation and will adjust gates we have installed , at no charge, for up to 90 days from the date of installation providing there is no evidence of abuse or misuse. Customer acknowledges the afore mentioned material disclaimers:_______ Customer will remit 50% of the agreed contract price prior to any work being performed or materials delivered; the remaining balance (including change orders agreed to in writing) is due upon the substantial completion of work. Until paid in full; all labor and materials remain the property of RMF of Idaho, llc. Customers may pay with cash, check, or card. Card payments have an additional 3% added due to bank fees._____ Any payments not received within 14 days of job completion will be assessed a 5% compounding finance charge for every month, or portion thereof, that payment balance is past due. If legal action is required due to nonpayment, client will be responsible for any associated legal fees and court costs. _____ Cancellation of an accepted contract is subject to payment of all costs incurred including, but not limited to: special orders, stocked material and labor._____ Customer expressly grants Contractor irrevocable permission to enter property as deemed necessary for completion of the contractual obligations until work is completed and paid in full. In the event of a disagreement between the parties Contractor reserves the right to discontinue work immediately until disagreement is resolved._____ Installed and uninstalled material may be removed or repossessed at any time for non-payment, without recourse. Customer accepts all responsibility for any damages, and/or Contractor costs for such action. In the event of non-payment, Customer is subject to, but not limited to, interest charges, a lien placed on Customers property and/or small claims court proceedings.______ The above prices, specifications, terms and conditions are satisfactory and are hereby accepted. Contractor is authorized to perform work as specified. Contractor's obligation to Customer under Idaho Code SS 45-525 is satisfied upon acceptance of this contract._________________________ ACCEPTED :DATE:Accepted By: