This Subdivision Agreement made and entered into this day of 20 , by and between Franklin County, a body politic of the State of Idaho hereinafter referred to as “subdivider”.
WITNESSETH
WHEREAS subdivider has applies to the county for final plat approval on a subdivision entitled , which is more particularly described and identified on Exhibit A, attached hereto, incorporated herein and made a part hereof, and
WHEREAS, as a condition to approval of the subdivision, subdivider must enter into an agreement with county; and
WHEREAS the county is willing to approve the subdivision so that the same may be recorded, but desires to ensure that the improvements required by the ordinances of Franklin County are fully met;
NOW THEREFORE, in consideration of the mutual covenants and promises contained hereafter, the parties hereto agree as follows:
(1) The county does hereby approve the subdivision identified on Exhibit A attached hereto, and does authorize the appropriate officers of the county to sign the subdivision plat, showing their approval of the said subdivision plat.
(2) Subdivider represents to the county that the improvements contemplated in the subdivision, as evidenced in the plans and specifications submitted with this contract and made a part of this contract by reference, are in full compliance with the county subdivision ordinances. Subdivider agrees to install at his/her own cost as of the improvements identified in the plans and specifications, which are incorporated herein as a part of this agreement, and to have the said improvements installed within 18 months from the date of this agreement. All work shall be completed in a workmanlike manner and shall conform to the Franklin County Development Code, Appendix F. In addition, the sanitary sewer and water systems shall be in accordance with the specifications and requirements of the Southeastern District Health Department. It is expressly understood and agreed that nothing in this agreement shall limit the responsibility of the subdivider to comply with all laws, ordinances, and rules of regulations of the county.
(3) All work, as it is completed within the subdivision, shall be inspected by the County Building Inspector. As the entire subdivision is completed, the County Building Inspector will inspect the entire subdivision and certify to the Board that the subdivision is complete.
(4) In accordance with the requirements of of the Franklin County Development Code relating to platting and recording of subdivisions in the unincorporated area of the county, subdivider shall furnish to Franklin County, upon execution of this agreement, a bond, cash deposit, irrevocable letter of credit, or escrow arrangement in the amount of dollars. The said sum represents at least 125% of the engineer’s estimate of the cost of the improvement contemplated within the subdivision. The bond, irrevocable letter of credit, cash, or other surety shall remain in effect until one year after the County Building Inspector certifies to the Board that the subdivision has been completed. Notwithstanding the foregoing, the bond, cash, irrevocable letter of credit, or other surety may be reduced by the cost of any improvements as they are completed upon review and approval by the County Building Inspector. In no event, however, shall the bond, cash, irrevocable letter of credit, or other surety be reduced below 25% of the amount of the bond.
(5) Subdivider hereby warrants and guarantees that the improvements contemplated herein and any part thereof will remain in good condition for a period of one year after the date the County Building Inspector certifies to the Board that the subdivision is complete, and subdivider agrees to make all repairs to and maintain the improvements and every part thereof in good condition during the one-year period with no costs to the county.
(6) In the event the subdivision is not completed within two years from the date of this agreement, the county shall be entitled to as much of the bond, cash, irrevocable letter of credit, or other surety needed to complete the improvements set forth in the plans and specifications included as a part of this agreement which have not been completed. It is understood and agreed that this paragraph does not obligate the county to complete the subdivision, but does authorize the county to use the money held as security for performance of this contract to complete the improvements.
(7) At any time during this agreement or the one year guarantee period, should any of the improvements contemplated by the plans and specifications, which are a part of this agreement, be in need of repair or be in any way defective, the county shall notify subdivider of the needed repairs or the defects, and subdivider shall correct the defects or make the repairs within 60 days from the date of the notice. In the event the subdivider fails to make the needed repairs or correct the defects, the county shall be able to look to the bond, cash, irrevocable letter of credit, or other security for the money needed to make the repairs or correct the defects.
(8) Time is of the essence in this agreement.
(9) This agreement is binding upon the heirs, administrators, and assigns of the parties.
(10) In the event the subdivider defaults in any of the terms or conditions of this agreement, the subdivider agrees to pay all costs of enforcing this agreement, including, but not limited to, a reasonable attorney fee, whether or not the matter is finally resolved by litigation.
WHEREFORE, the parties hereto have signed this agreement the day and year first written.
BOARD OF COMMISSIONERS, FRANKLIN COUNTY, IDAHO
Chairperson
ATTEST:
Franklin County Clerk
Subdivider
Subdivider
(Ord. 2007-8-13, passed 3-11-2019)