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HomeMy WebLinkAboutBonding Agreement_HR East No. 2 - signedDEVELOPMENT SURETY AGREEMENT – __________________ – Page 1 City of Caldwell Planning & Zoning PERFORMANCE - SURETY AGREEMENT THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this ____________________ by and between the CITY OF CALDWELL, a Municipal Corporation, hereinafter referred to as CITY, and _______________, hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on ____________, of the construction plans or building permit (“Approved Plans”), for the development known as_______________ (“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 Hayden Homes Idaho LLC Huntington Ridge East No. 2 Huntington Ridge East No. 2 January 29, 2026 Huntington Ridge East No. 2 06/24/2025 DEVELOPMENT SURETY AGREEMENT – __________________ – 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 toconform to the design, location, materials, and specifications for the indicated site improvements, as required by the CITY in the above-mentioned CITY file and inaccordance with the approved plans, land use entitlement conditions, and any associateddevelopment agreements. In addition, the DEVELOPER agrees to bind themselves to usesuch materials and to so construct all of the Improvements in compliance with allapplicable 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 usedas a survey marker or boundary of any tract, plat or parcel of land which monument isbroken 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 alien against any property has arisen or may arise. 4.The DEVELOPER agrees that all said Improvements shall be completed on or before__________________. 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 theImprovements within the time specified by the CITY, then the CITY, its employees and n n n August 1, 2026 Huntington Ridge East No. 2 DEVELOPMENT SURETY AGREEMENT – __________________ – 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 performancesurety (Corporate Surety Bond, a Cashier’s Check, or a Cash Deposit) (“PerformanceSurety”) 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 itemizedcontractor’s bid, as shown on Exhibit “A” attached hereto and incorporated herein, for thecompletion of the Required Development Improvements in the sum of $________. CITY’Sacceptance 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 inaccordance with the CITY’S requirements, the DEVELOPER shall notify the CITY of thereadiness 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, andcompliance 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 thePerformance 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 ormaterial supplier of their responsibility for any defects in materials or workmanship of suchImprovements. 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 ofnotification. If the work is not performed in a timely manner, the CITY shall have theright, without recourse to legal action, to take such action under this agreement as described in paragraph 5 above. Huntington Ridge East No. 2 589,288.68 DEVELOPMENT SURETY AGREEMENT – __________________ – 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 Huntington Ridge East No. 2 Feb 9, 2026 DEVELOPMENT SURETY AGREEMENT – __________________ – Page 6 EXHIBIT A Huntington Ridge East No. 2 P.O. Box 158 Nampa, ID 83653 (208) 863-5716 Landscaping & Sprinklers Bid For: Huntington Ridge No. 2 Bid To: HAYDEN HOMES Attn : Jason Horne Bid Off: Ardurra Plan Date: 05/21/2025 Bid Date: 11/19/2025 Includes: Fine Grading: all new landscape areas, no topsoil included, rough grade to be done by others : $19,850.00 Automatic Sprinkler System: design, supply, and install new irrigation system for all new landscape areas.: $148,500.00 Plant Material: all trees/shrubs supplied/planted as specified on plans $93,500.00 Premium Sod: supply/install for all new sod areas $64,800.00 Planter Areas: 3” deep of 1” Perma-Rock over commercial grade weed barrier fabric :$45,400.00 River Rock Cobble: 6” + cobble supplied/installed as specified on plans : $4,500.00 Hydroseed : specified “ Upland Low Maintenance seeding” areas : $2500.00 Total: $379,050.00 Thank you P.O. Box 158 Nampa, ID 83653 (208) 863-5716 Landscaping & Sprinklers Bid For: Huntington Ridge No. 2 Bid To: HAYDEN HOMES Attn : Jason Horne Bid Off: Ardurra Plan Date: 05/21/2025 Bid Date: 11/19/2025 Includes: Fine Grading: all new landscape areas, no topsoil included, rough grade to be done by others : $19,850.00 Automatic Sprinkler System: design, supply, and install new irrigation system for all new landscape areas.: $148,500.00 Plant Material: all trees/shrubs supplied/planted as specified on plans $93,500.00 Premium Sod: supply/install for all new sod areas $64,800.00 Planter Areas: 3” deep of 1” Perma-Rock over commercial grade weed barrier fabric :$45,400.00 River Rock Cobble: 6” + cobble supplied/installed as specified on plans : $4,500.00 Hydroseed : specified “ Upland Low Maintenance seeding” areas : $2500.00 Total: $379,050.00 Thank you Main Option 1.0 Garrett Parks and Play PO Box 57426 Murray, UT 84157 (800) 748-4608 hello@garrettplay.com NASPO Contract # PA 4281 Sourcewell Contract # 010521-LTS-8 Ship To Hayden Homes Jason Horne jhorne@hayden-homes.com 208.985.0155 Huntington Ridge Nampa, ID 83687 Date 1/28/2026 Expires 2/27/2026 Consultant Justin Bundy Project No 26045 Project Name Huntington Ridge-Phase 2-Hayden Homes PRODUCT DESCRIPTION QTY RATE AMOUNT Fitness Equipment SGR048-03: Two Person Lat Pull 1.00 $6,831.00 $6,831.00 Fitness Equipment SGR009-03: Single Person Cross Country Ski 1.00 $4,121.00 $4,121.00 Installation Installation of Fitness Items 1.00 $2,200.00 $2,200.00 Subtotal $13,152.00 Sales Tax (6.00%) $657.12 TOTAL $13,809.12 Required Deposit $3,452.28 1 / Main Option 1.0 ® SINGLE CROSS COUNTRY SKISGR009 In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications with notice. greenfieldsfitness.com/single-cross-country-ski-video.html VIEW THE VIDEO Single Cross-Country SkiSGR009Greenfields Outdoor Fitness, Inc. 17'-10" 12'-6" •Strengthens leg muscles •Improves cardiovascular endurance •Aids in recovering lost agility Target muscles Secondary muscles © 2022 Greenfields Outdoor FitnessIn order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”. In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”. Installation Instructions for In Ground Method: © 2025 Greenfields Outdoor Fitness, Inc. During installation, please be sure to also refer to the general installation instructions.Unit must be fully assembled before concrete is poured. All extensions must be connected with all bolts and tightened before proceeding. LU25x06x10 SGR009 Single Cross-County Ski This unit ships in 1 separately wrapped components. 36" 24" 24" Surface Level Optional Surfacing 24" Finished product Parts List: 2x Extensions for In Ground 4x Pegs Questions? Please call 888-315-9037 x105 Installation Instructions: In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. ® During installation, please be sure to also refer to the general installation instructions. © 2025 Greenfields Outdoor Fitness, Inc. LU25x06x10 SGR009 Single Cross-County Ski 1. Stand assembled unit in the prepared footings. 2. Slide two 2x4s (approximately 6’long) under the flat portion of the ski. There should be about 2’ extending on each side. 3. Use laser or string-line to measure height of unit. 4. Raise/lower unit so that “finished grade” markings on the two center posts (done with blue tape) are correct height. Pieces of cinder block may be placed directly under the legs and/or wooden blocks and shims may be placed under the extending 2x4s. 5. Stake the 2x4s to the ground on each side of the unit. 6. Use magnetic level to check that unit is plumb. Then attach a balancing 2x4 (kicker) to the top portion of the unit with tie wire and stake the other end to the ground. If needed for stability, a second 2x4 may be attached and stakedin a different direction. 7. Place metal pegs/rebar through prepared holes in embedded pipe. 8. Pour concrete into footings. Use vibration or thorough shovel mixing to ensure a good set around embedded pipe, and to eliminate air pockets. 9. Depending on the type of surface to be installed, there should be approximately 4” between the top of the concrete and “finished grade.” ® ™ TWO-PERSON LAT PULL SGR048 greenfieldsfitness.com/lat-pulldown-video.html VIEW THE VIDEO 2-Person Lat PullSGR048Greenfields Outdoor Fitness, Inc. 13'-8" 17'-10" Target muscles Secondary muscles Strengthens upper back, shoulders, biceps and core © 2022 Greenfields Outdoor FitnessIn order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”. In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”. Installation Instructions for In Ground Method: © 2025 Greenfields Outdoor Fitness, Inc. During installation, please be sure to also refer to the general installation instructions.Unit must be fully assembled before concrete is poured. All extensions must be connected with all bolts and tightened before proceeding. LU25x06x10 SGR048 2-Person Lat Pull This item ships as one fully assembled unit. 24" Stopper Platemust rest abovefinal surface level Stopper PlacementBelow Seat Arms should be level Use shims to level post 24" 73" 24" 24" Finished productFinished product Parts List: Extension for In Ground 2x Stopper plates for under seats 4x Pegs 1x Fully Assembled Unit CFH: <24” Questions? Please call 888-315-9037 x105 Installation Instructions: In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice. ® During installation, please be sure to also refer to the general installation instructions. © 2025 Greenfields Outdoor Fitness, Inc. LU25x06x10 SGR048 2-Person Lat Pull 1. Clamp center pipe between two 2x4s, using all-thread, nuts and washers. 2. Top of boards should be even with the “finished grade” marking on pipe, usually done with blue tape. 3. Cut two 2x4 blocks at 5”, this should be the distance between the “finished grade” marking and the first chair support welded to the center pipe. Wedge one 5” block between the clamping 2x4s and the welded support--do this on both sides. These blocks keep this heavy unit from sliding between the clamping 2x4s. 4. Stand unit in the prepared footing; use laser or string-line to measure height of unit. 5. Raise/lower unit so that “finished grade” marking on center pipe is correct height. Pieces of cinder block may be placed directly under center pipe and/or wooden blocks and shims may be placed under the clamping 2x4s. 6. Stake the clamping 2x4s to the ground on each side of the unit. 7. With magnetic level, make sure that the center pipe is exactly plumb. Then attach a balancing 2x4 (kicker) to the top portion of the unit with tie wire and stake the other end to the ground. If needed for stability, a second 2x4 may be attached and staked in a different direction. 8. Metal stoppers should be wired in place, directly under both seats. 9. “Lat pull” arms must be held at exact angle for correct operation. Adjust each arm so that the two chair support bars are level, then tie temporary wire between hand grips and metal footrests. 10. Place metal pegs/rebar through prepared holes in embedded pipe and stoppers. 11. Pour concrete into footings. Use vibration or thorough shovel mixing to ensure a good set around embedded pipe, and to eliminate air pockets. 12. Depending on the type of surface to be installed, there should be approximately 4” between the top of the concrete and “finished grade.” Notice to Proceed Client Hayden Homes Project Name Huntington Ridge-Phase 2-Hayden Homes Estimate Number Main Option 1.0 Estimate Date 1/28/2026 Total Project Cost $13,809.12 By signing this document, the undersigned, acting as an authorized representative for the organization listed above, hereby accepts the scope of work, pricing, and all specifications detailed in the accompanying Estimate (Main Option 1.0). The undersigned authorizes Garrett Parks and Play to proceed with the procurement of materials and/or the scheduling and commencement of work as described. Furthermore, the undersigned acknowledges that they have read, fully understood, and agree to be bound by the entirety of this document, including the detailed "Estimate Terms and Conditions" attached. Deposit & Project Initiation A deposit in the amount of $3,452.28 is required to formally schedule this project and initiate material orders for all projects over $10,000.00. Work cannot begin until this signed Notice to Proceed and, if applicable, the required deposit has been received. Please return this signed document via email to orders@garrettplay.com. Agreed and Accepted By: Signature Printed Name Title Date For Office Use Only Date Received Date Recorded Recorded By 7 / Main Option 1.0 Bonding Agreement_HR East No. 2 Final Audit Report 2026-02-09 Created:2026-02-03 By:Joseph Dodson (jdodson@cityofcaldwell.org) Status:Signed Transaction ID:CBJCHBCAABAAL9bY2DDKx1ulEhEEP7x3l6OZ_KjJd0Pi "Bonding Agreement_HR East No. 2" History Document created by Joseph Dodson (jdodson@cityofcaldwell.org) 2026-02-03 - 11:19:54 PM GMT Document emailed to Robin Collins (rcollins@cityofcaldwell.org) for signature 2026-02-03 - 11:22:03 PM GMT Email viewed by Robin Collins (rcollins@cityofcaldwell.org) 2026-02-03 - 11:24:57 PM GMT Document e-signed by Robin Collins (rcollins@cityofcaldwell.org) Signature Date: 2026-02-09 - 6:12:10 PM GMT - Time Source: server Agreement completed. 2026-02-09 - 6:12:10 PM GMT