HomeMy WebLinkAboutWarrick Subdivision No. 4ADA COUNTY RECORDER Phil McGrane 2021-155116
BOISE IDAHO Pgs=5 NIKOLA OLSON 10/27/2021 10:09 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
DEVELOPMENT SURETY AGREEMENT
Warrick Subdivision No. 4
THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this ,2 t9 day of
e%o4e de_r_ , 20 A lI by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and CALISTOGA PARTNERS, LLC., hereinafter referred to as
DEVELOPER.
WITNESS
WHEREAS, DEVELOPER received approval from the CITY on June 23, 2021, of the
construction plans ("Construction Plans"), for the development known as Warrick Subdivision
No. 4 ("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") (The Required Public Improvements and Required Development Improvements
may be collectively referred herein as "Improvements"); and
WHEREAS, DEVELOPER has petitioned the CITY to accept the Subdivision Plat and execute
the final plat prior to the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian, Section 11-5C-1 through 1I-
5C-4 and applicable ordinances and laws of the CITY require that the DEVELOPER execute and
file with the CITY an agreement providing for, among other things, the period within which all
required improvements shall be made within said Subdivision and that if the Improvements are
not completed within the period specified, the CITY may complete the same and recover the full
cost and expense thereof from the DEVELOPER; and
WHEREAS, the CITY is agreeable to acceptance and filing of said Subdivision Plat 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 install all of the Required Public Improvements and bind
themselves to use such materials and to so construct all of the Improvements in compliance
with Construction Plans and all applicable City ordinances and State Codes and in a manner
acceptable to the CITY (hereinafter "City's Requirements").
DEVELOPMENT SURETY AGREEMENT -- Warrick Subdivision No. 4 — Page !
iii. A final accounting of the finished costs of the Required Public
Improvements, substantiated by billing invoicing from the contractor(s)
performing the work.
B. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved
by the CITY in the estimated sum of $46,778.68 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 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.
6. The CITY agrees to accept the Required Public Improvements upon certification by the
City Engineer
A. 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.
7. 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.
DEVELOPMENT SURETY AGREEMENT — Warrick Subdivision No. 4 — Page 3
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.
CALISTOG ARTNERS, LLC.:
By
Joseph At I
lla, anager
STATE OF IDAHO )
SS.
County of Ada )
On this A "day of 30111 207A, before me, the undersigned, a Nota►y
Public in and for the State of Idaho, personally appeared Joseph Atalla, known or identified to me to be the
Manager of Calistoga Partners, LLC., who executed this instrument on behalf of said Limited Liability
Company, and acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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DEVELOPMENT SURETY AGREEMENT — Warrick Subdivision No. 4 — Page 4
CITY OF MERIDIAN:
By:—
LRrlt. S�o Mayor
STATE OF IDAHO )
: ss.
County of Adao)
On this C day of (�T 20_�, 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 seal the day and
year first above written.
SEAL
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DEVELOPMENT SURETY AGREEMENT — Warrick Subdivision No. 4 — Page 5
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