The following are the minimum standards for subdivision completion and warranty agreements whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each agreement will be different and will need to be tailored to the needs of the particular subdivision to which it will apply, the following items, at a minimum, shall be included in all subdivision completion and warranty agreements:
A. The effective date of the agreement.
B. The name, mailing address and phone number of the property owner, the owner's representative, if applicable, and the department. If a person or entity other than the property owner is providing the financial guarantee (such as a developer or contractor), that person or entity must also be included as a party to the agreement.
C. The subdivision name and case number.
D. A general description of the subdivision location, including section, township, and range, and the parcel numbers of each lot within the subdivision.
E. The size of the subdivision in acres.
F. A statement that all subdivision improvements shall comply with the standards set forth in this title, and shall conform to the approved plans on file with the department (with the file number of those plans cited).
G. A cost estimate for required improvements, or for warranties, the actual cost of construction of required improvements, provided by the design professionals who developed the construction plans. This document shall be attached and referenced as exhibit A to the agreement.
H. For financial guarantees in lieu of improvements, a statement that the applicant has established a financial guarantee to ensure completion of required improvements in the amount of one hundred fifty percent (150%) of the estimated cost, with the amount listed. Any improvements that have not been completed and approved by the applicable agencies and design professionals must be included in the cost estimate.
I. For warranties, a statement that the applicant has established a financial guarantee to ensure completion of required warranty repairs. Warranties shall be a separate financial guarantee required for all subdivisions and must cover ten percent (10%) of the actual cost of all required improvements.
J. The type of guarantee provided, with the original attached and referenced as exhibit B to the agreement (or a copy of the check provided, plus a copy of the receipt).
K. A completion schedule for required improvements, attached and referenced as exhibit C to the agreement.
L. Anticipated agency approval date for the improvements, which must be at least sixty (60) days before expiration of the financial guarantee.
M. For warranties on completed, approved infrastructure, the actual date of agency approval, and the deadline for completion of any warranty work. Warranties must cover a period of one year after initial agency approval of improvements, and the deadline for completion of warranty work must be at least sixty (60) days before the expiration of the financial guarantee.
N. A statement that this agreement is contractually binding on the parties.
O. A statement that upon completion of the improvements and written approval by applicable agencies, design professionals, and the director, the department shall release the guarantee.
P. A statement that partial releases of financial guarantees are not permitted. If improvements are to be completed in phases, the applicant should provide separate financial guarantees with separate agreements.
Q. A statement that if the required improvements are not completed and approved by the appropriate design professionals and applicable agencies prior to the above date, or within the time allowed by a written extension granted by the director, the director may withdraw necessary funds from the financial guarantee, hire a contractor, enter onto the property, and have the improvements completed. In addition to contracting costs, the director may also withdraw funds to cover the department's administrative costs, including attorney fees.
R. For warranties, a statement that any necessary repairs shall be completed in a timely manner, in accordance with deadlines established by the director or other agency with jurisdiction. If repairs are not completed and approved by applicable agencies at least sixty (60) days prior to expiration of the warranty, the director may withdraw funds adequate to pay for the repairs, along with the department's administrative costs, including attorney fees.
S. A statement that the department shall give written notice to the property owner and other parties to the agreement, via certified mail, before any action is taken to withdraw funds from the financial guarantee. Any funds remaining after completion of necessary improvements shall be returned to the party that provided the financial guarantee.
T. The process for renegotiation of the agreement.
U. The process by which the agreement may be transferred to the applicant's successor in interest, with the approval of the director. If transferred, the agreement must be made binding on any successors in interest.
V. A statement that the laws of the state of Idaho shall govern the agreement, and that jurisdiction and venue for any dispute shall be in the 1st judicial district court, Kootenai County, Idaho.
W. Notarized signatures of all owners of the property and other parties to the agreement.
X. If the financial guarantee is provided by someone other than the property owner, the notarized signature of that party shall also be required.
Y. Signature lines for the director and the chairman of the board, with an attestation by the clerk for the chairman's signature. (Ord. 493, 6-9-2016)