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HomeMy WebLinkAboutKalispell Flex Building - South BuildingADA COUNTY RECORDER Phil McGrane 2021-089044 BOISE IDAHO Pgs=5 CHE FOWLER 06/08/2021 04:08 PM CITY OF MERIDIAN, IDAHO NO FEE City of Meridian WARRANTY SURETY AGREEMENT Kalispell Flex Building — South Building THIS WARRANTY SURETY AGREEMENT is made and entered into this 44-dav of 20A by and between the CITY OF MERIDIAN, a Municipal Corporation, hereiniiier referred to as CITY, and PHOENIX COMMERCIAL CONSTRUCTION, LLC, hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on April 11, 2019, of the construction plans ("Construction Plans'), for the development known as Kalispell Flex Building — South Building ("Subdivision Plat) located in the City of Meridian, which Construction Plans include improvements for public life, safety and health ('Required Public Improvements') and improvements for non -life, non -safety and non -health improvements ("Required Development Improvements" I (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 I I-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 post 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 -w-Kalispell Flex Building - South Building — Page I i I F iE E 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: i. 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 $5,400.68 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 "A" 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 he made, assumed and implied to make the provisions hereof apply equally to a single or several individuals. WARRANTY SURETY AGREEMENT —Kalispell Flex Building —South Building -Paget IN WITNESS WHEREOF, the parties shalt cause this Development Surety Agreement to be executed by their duly authorized officers the day and year first above written. PHOENIX COMMERCIAL CONSTRUCTION, LLC: By: hannon Robnett, Manager STATE OF IDAHO ) ss. County of Ada ) On this day of 2Uct before me, the undersigned, a Notary Public in and for the State of Idaho, pe sonally appeared Shannon Robnett, known or identified to me to be the Manager, who executed this instrument on behalf of said (LLC), and acknowledged to me that such (LLC) executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. An 14 ppf 7X+ ee 0. s� a���r�� public for Idaho O a My commission Expires S0 -'1J8 LIC . s ."d�, Op i9,��+•, CITY OF MERIDIAN: By: Rott 9 Simi"" r STATE OF IDAHO ) ss, County of Ada 1<f ) On this day of 'l-JUE 20'�)I. before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Robert E. Simison, known or identified to me to be the Mayor of the City of Meridian, Idaho and who subscribed his 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 sea] the day and year first above written. SEAL 4Notary b2fisc for Idaho v comm y commission Expires T A COMbIISSION M182077 OF 0000weeso WARRANTY SURETY AGREEMENT —Kalbpell Flex Building —South Building — Page 4 EO ')t zc p a 0. 0-4 �tl E W a 0 a a n E E a o m Un Y Y Y Y Y Y Y • •M mmmmm w 92 O f- 0. i1 U U 7 O O 7 m > O Q O m CJ e? tD C Ci S7 �j O O It in tf} 69 69 69 69 69 EA 69 69 69 69 69 69 6) 69 69 69 40j, 4i4 Go mCi N 00 r th Ln to r r .' W Lu �. W � 69 69 Val Z Ill ci m p Q J m M \° Q a m o m ' N N O Q M N Z >uj Oto 69 f9 mH). PA w w in to 69 Lm! va to N) fN c r NN '_ e a a o o e O� m O c o a 0 0 0 o 0 a o 0 0 o a 0 0 o o O O O r N N N N N iJ a i se m y N N U ❑ J ul cn vi cq °� M N n O � N � � N bA C 0 to J Q U. H C O O Q OD Y r C uj CO X C C CC. C1S fA O m CLm N N b0 to N .. .. .. .. .. .m. �.. � . - _ ca Ui V7 } J fA J d LL 0- O ® ©. O O N I m V Lr) I W