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Home My WebLink AboutChristian Brothers AutomotiveADA COUNTY RECORDER Phil McGrane 2019-118411 BOISE IDAHO Pgs=6 HEATHER LUTHER 11/25/2019 04:12 PM CITY OF MERIDIAN, IDAHO NO FEE City of Meridian WARRANTY SURETY AGREEMENT Christian Brothers Automotive 87 East Calderwood Drive THIS WARRANTY SURETY AGREEMENT is made and entered into this Z_5 day of "oV -e vv\loe,r , 20Aa by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as CITY, and CBH Properties Meridian, LLC, hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on May 6th, 2019, of the construction plans ("Construction Plans"), for the development known as Christian Brothers Automotive ("Development") located in the City of Meridian, which Construction Plans include improvements for public life, safety and health ("Required Public Improvements'), as set forth on Exhibit "A" attached hereto and incorporated herein, and improvements for non -life, non -safety and non -health improvements ("Required Development Improvements") (The Required Public Improvements and Required Development Improvements may be collectively referred herein as "Improvements"); and WHEREAS, DEVELOPER has posted performance surety with CITY to guarantee the completion of the 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 and release of the performance surety 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 Required Public 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. WARRANTY SURETY AGREEMENT —Christian Brothers Automotive, LLC — Page I 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: A. The DEVELOPER shall submit a written request to the CITY to release the Performance Surety, including: A statement from the DEVELOPER that the required Improvements are complete and have been constructed in accordance with the City's Requirements. B. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved by the CITY in the estimated sum of $2,882.40 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 itemized bid, as set forth on Exhibit "B" attached hereto and incorporated herein, for the completion of the Required Public 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 Required Public 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 Required Public Improvements to determine if any defects are present. If there are no defects, CITY shall release/return the Warranty Surety to DEVELOPER. 3. The CITY agrees to accept the Required Public Improvements and release the performance surety upon certification by the City Engineer that all Required Public Improvements have been constructed in accordance with the City's Requirements. Such 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. 4. 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 —Christian Brothers Automotive, LLC — 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. STATE OF TEXAS ) ss. County of 14 r IS CBH Properties Meridian, LLC: By: -- Name: J —,q 7 Title: On this 6 �' day of 20 11, before me, the undersigned, a Notary Public in and for the State of Vepersonally appeared , known or identified to me to be the 0 A , who &xecuted this instillment on behalf of said (LLC), and acknowledged to me that such (LLC) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ' ".'F ry p{ �` U7 i Jf T Xn Notary Public for a��u J -20My commission Expires: ZJ01 €pOWY f„'rt561:; WARRANTY SURETY AGREEMENT —Christian Brothers Automotive, LLC — Page 3 STATE OF IDAHO ss. CITY OF MERIDIAN: By: Ta y de W rd, Mayor County of Ada ) On this day of IN s �20 , 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 .• IVES•• • 'COMMISSION • ON182077 o t � 0% .� OF �.� • • f••sseo 1 � ota ublic for Idaho commission Expires: t T WARRANTY SURETY AGREEMENT —Christian Brothers Automotive, LLC — Page 4 LOT 8 EXHIBIT A - WATER EASEMENT EXISTING PROPOSED SEWER SERVICE 7K 12 FOR NEIGHBORING LOT SEEPAGE BED #21\. SEE WATER NOTE 3 ON SHEET C1.1 III , (SEE NOTE 101 0 4 20 .0 ----71 ) LF± /-SEE NOTE 2 --1 1 ) SEE NOTE 2- wi x x x SEE WATER ON SHEET C1.1 1 4" IE: 28.4±- 6" IE: 28.2% 6" IE: 28. �21 LF± U3 W LF± 0 I cn R3 S5 6" ROOF IE: 29.25± -\�ID6 4" SEWER IE: 30.3± (OR HIGHER TO PASS OVER ROOF DRAIN) V CID R - RD6 R -R RD6- RDS Vc 'o I o S3 10 LF± R3 R2 co ----------- 6" ---------- 6" ROOF IE: 29.09± 4" SEWER IE: 30.1± (OR HIGHER TO PASS OVER ROOF ,CRI STIANB R O TH DRA IN) H�AUToMOn�VE RSE� T 4" IE: 31.40± 6" IE: 31.20± R2 -(W4) z- 6" IE: 31.60±--- R2 4" IE 3180 R :Z -RD CR2\)-/ w 11 �� Ex w, 6-,+ 13, 5JRX04vntfon 2866 S 1250 E Hagerman, ID 83332 (208)308.0890 lddt_ta5lexcavation,com Date: Tuesday, May 14, 2019 'o: Project: :loud CM Christian Brothers Auto Task Descrintion Unit Olv Unit Cost Total 0 Mobilization, Permits, Traffic control and SWPPP Install $ - $ 6,025.00 0 Excavate site to sub grade elevations per plan - $ 16 274.00 Excavate/backfill building footings and prep for slab on grade - includes 18" over ex/Import under footings per geo tech Fufn)sh and Install sewer services and 1500 gallon interceptor. 0 ($ 14,412,00` 0 footage of service line) $ - $ 4,808.00 Furnish and Install drainage system -seepage bed, roof drains, 12" drain, sand lense and 1000 gallon Interceptor (Increased seepage bed size, 20' more 6" piping, cleanout and 12" fitting in 0 bed) $ - $ 32,964.00 o Furnish and place cross section for asphalt $ - $ 23 275.00 Place and prep base for all curbs and gutters (Updated curbing, 0 roughly same LF) $ - $ 3,519.00 0 Place and prep base for all sidewalks $ - $ 1,809.00 Furnish and place asphalt per plan (Less light asphalt and more 0 heavy asphalt - smaller total SF lot) -Stri Ing Included $ - $ 27,139.00 0 Rough grade landscape area's $ - $ 4,516.00 2' over excavation and recompaction of same soils for building 0 pad -Add if needed $ - $ 3,744.00 i' over excavation and recompaction of same soils for parking 0 area's -Add if needed $ $ 4,812.00 Over excavation and compacted Import for any unsuitable 0 area's -PER YARD YD $ - 0 0 $ 0 0 $ 0 0 M$29,00 $ 0 0 $0 0 $ 0 0 $ 0 0 $ $ 0 0 $ $ 0 0 $ - $ 0 0 $ $ 0 0 $ $ IOralteS[ , 101,UW,VV only above mentioned line Items are Included In bid, Signature: EXCLUSIONS; any solid rock encountered, winter conditions, dewatering, shoring/bracing (beyond trench boxes and road plates)or boring required -said Items will be billed on a time and material basis. No MUTUAL permitting is Included, only permits strictly for SJ and their work Included. 5J Excavation reserves the right to charge a fuel surcharge if fuel prices raise to $4.00 or higher during the project. Any alteration or deviation from above schedule of values, Involving extra costs, will be executed upon written change orders and will become an extra charge over and above the estimate. Estimate valid for 30 days from date above. Licensell RCE -44729