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HomeMy WebLinkAboutConnections Credit Union-Ten Mile BranchADA COUNTY RECORDER Christopher D. Rich 2015-061370 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/09/2015 09:36 AM MERIDIAN CITY NO FEE 1111111 III II1I II1111111111 1111111111111111111 IIII 00119443201500613700060066 City of Meridian WARRANTY SURETY AGREEMENT Connections Credit Union THIJ -WARRANTY SURETY AGREEMENT is made and entered into this f _day of 20 ISby and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as C]TY, and CONNECTIONS CREDIT UNION, INC., hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on October 24, 2014, of the construction plans ("Construction Plans"), for the development known as Connections Credit Union — Ten Mile Branch ("Project") located in the City of Meridian, which Construction Plans include improvements for public life, safety and health ("Improvements"); and WHEREAS, DEVELOPER has completed the installation of the Improvements; and WHEREAS, the Unified Development Code of the City of Meridian Section 11-5C-3 requires that the DEVELOPER execute and file with the CITY an agreement providing for, among other things, a warranty surety in the amount of twenty percent of the cost of improvements for a period of two years; and WHEREAS, the CITY is agreeable to acceptance of the improvements upon the execution of this Agreement and compliance by the DEVELOPER with the provisions of the Unified Development Code of the City of Meridian. 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 correct, repair and maintain all 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 written acceptance of such Improvements. 2. Upon execution of this Agreement, 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 in writing, the following shall occur: WARRANTY SURETY AGREEMENT — CONNECTIONS CREDIT UNION — Page 1 A. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved by the CITY in the amount of $2,025.80 to provide for correction of any defective materials or workmanship in such Required 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 contractor's final construction costs, as set forth on Exhibit "A" attached hereto and incorporated herein, for the completion of the Improvements. At the expiration of the two year period, DEVELOPER shall submit a written request to the CITY to release the Warranty Surety, along with a statement from the DEVELOPER that the Improvements continue to meet City's Requirements at the end of the two year warranty period. After receiving such request the CITY shall conduct an inspection of the Improvements to determine if any defects are present. If there are no defects, CITY shall release/return the Warranty Surety to DEVELOPER. 3. 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. WARRANTY SURETY AGREEMENT — CONNECTIONS CREDIT UNION — Page 2 IN WITNESS WHEREOF, the parties shall cause this Development Surety Agreement to be executed by their duly authorized officers the day and year first above written. CONNECTIONS CST UNION, INC.: LE STATE OF IDAHO Brian ss. County of Ada On this Lt—day of _ U --/ 20 L, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Brian Osberg, known or identified to me to be the President/CEO of Connections Credit Union, Inc., who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year fust above written. SEAL LZia Notary bllc for Idaho My commission Expires: II—U 7 - ?-0/S- ELLWa °Ftp NOTARY Pus%' . WARRANTY SURETY AGREEMENT — CONNECTIONS CREDIT UNION — Page 3 STATE OF IDAHO SS. County of Ada CITY OF MERIDIAN: By/ _y -de rd, Mayor On this 2 5� day of J ain 2 20-L.� before me, the undersigned, a Notary Public in and for 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 her name 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. SEAL — 'P" , " -4 • NotarqMbAc for Idaho My commission Expires: WARRANTY SURETY AGREEMENT - CONNECTIONS CREDIT UNION - Page 4 �g P X 1� z Q W v m Et mm U U1,nii Ya>Uy ny2 a s m O N fA f9 vJ N} t9 f9 N1 41 f9 (A tH dT 4) (9 f9 bi bl (9 df (O Q N b N F CC O w r 7 U o N N Z y v m �'� 4Y (A w fR di f9 fA FR df i9 (9 i9 f9 Hi f9 f9 IIFI d! N dir D J N W U Q O O O O N N O O Z ..i O a oF 3 o 0 a � w G V LL N ^ C m Z o c O C Q � q C I40a