HomeMy WebLinkAboutSmall Talk ClinicADA COUNTY RECORDER Phil McGrane 2022-009375
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 01/27/2022 03:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY $URETY AtGREEMEN'T'
Small Talk (Clinic
THIS WARRANTY SURETY AGREEMENT is inade and entered into this ;6 day of
'5a�,n, ary , 20aZ by and between the CITY OF MERIDIAN, a Municipal Corporatlon,
hereinafter tefe;rred to as ITY, and SMALLEY HOLDINGS, LLC, hereinafter referred to as
DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from dio CITY on February 22, 2021, of the
construction plans ("Construction Plans"), for the development known as Small Talk Ciliale
("Subdivision Plat") located in the City of Meridian, which Construction Plans include
improvements for public life, safety and Health ("Required Public Improvemeniva') and
improvements, for non -fife, non -safety and non-liealth improvements ("Required Development
Improvements") (The Required Public Improvements and Required Development Improvements
may be, e;ollectively referred Herein as "Improvements"); and
WEEKE AS, DEVELOPER has completed the installation of the Improvements; and
W%IEREAS, the Unified Development Code of the City of Meriditin Section t I-SC-3 teguims that
the DEVELOPER execute ant) tile 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; irnproverne-nts upon the execution of this
Warranty Surety Agmthernt and compliance by the DEVELOPER with the provisions of the
Unified Development Code of the City of M€ridian.
NOW, THEREFORE, in considoration of forcgoing mutual promises, covenants and agreements
of the parties, it is hereby agreed as follows;
I. The DEVELOPER agrees to ccirmt, rgmir and maintain all such Required Public
Improvements from any defects, omissions or irreiularities in the construction, materials
or work thmof for a period of two (2) calen(lar yoars from the (late of written acceptancc
of such Improvements.
2, Upon execution of this Agreement, the DEVELOl'l R shall notify the CITY of the:
readiness for final inspection. Upon certification by the City Engineer that all requirements
WARRANTY SURITY AC FEMENT—Smali ralkCiinie— Pap t
of the CITY have been niet and CITY formally accepts such Itnprovements in writing, the
following shall Mcur;
A. The DEVELOPER shall submit to the On a Warranty Surety in a fora approved
by the CITY in the estimetw. 1 sum of $1,612.00 to provide "for correction of any
defective materials or workmanship in Such Required Public Improvements for a
period of two ( ) years after Final acceptance, 'as defined in the City Public Works
Consiruction Code. The amount of such surety assurances is based upon 20% of
the contractor's itemized bid, as set forth on Exhibit "A" atteehed hereto and
incorporated herein, for tho completion of the Required Public. Improvements. At
the expiration of the two-year period, DEWiLOPER shall submit a written request
to the CITY to relemse 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 Nvam-nty period. After receiving suldi
request, xlte CITY shall conduct at) inspection of the 1Require4 Public Irntprovements
to determine if any defects acre present. If there are no defects. CITY shall
release/return the Warranty Surety to I)EVELOPER.
3. The CITY agrees to accept the Required Public Improvements upon certification by the
City Enginovr that all Reguirwl Public Improvements have been eonstrueted in
accordance with the City's Requirements. Such certification is not intended to relieve
DEVELOPER or any contractor or material supplier of their resptpnsibility for any
defects in materials or workmanship of such Improvements.
4. In eonstming this Agreement, it is understood that either party may be more than one
.person and if the context w requires, the singular pronoun shall be oaken to mean and
include the plural, the masculine, anti neuter, and that generally ,all grammatical change
shall be made, assumed and implied to snake the provisions hereof apply equally to a single
or several individuals.
WARRANTY SURETY AGWEEMENT — Small Talk Giln(e — Page 2
N WITNESS WHERI~O , dw putties shall cause this Waive ity Surety Agreement to be executed
by*their duly auihorfzed of -ricers ibti clay and year first above written,
SIMALLEY MOLDINGS, LLC:
By4�:.,. �~
Mien Hibbs - Manager
STATE OF IDAHO )
Coutity of Ada )
is
On this 2 ay of , Aa.A"CL'r--1 20AZi biAbre ale, the undersigned, a Notary
Public In avid fur the- State nP ldiiho, personally ap*red Kiiivn tiitkbs, known or identified to nie to be ttte
Manager, who executed this instrucngnt on behalf orsaid Corporation, and acknowledged to nie that such
(Corporation) executed the stnne.
IN WITNESS WHEREOF, l halve: helvt►nto set my hand and affim d my oflieiat seat Iliq day and
,year first above written,
SIV+r�L
t)wtet�pld � Nowy Public for tdaho
My cot-ninission Explivs: & -•goge.
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WARRANTY Sit1ZU'Y AGREEMENT — ftoll Talk Mule --- PNge 3
CITY OFNIERIDIAN:
Dated, Januray 24, 2022 By;
Bruce F*racklet i
Dimetor of Community Development
WARRANTY SURETY AGREEMENT— Small Talk Clinic —Page 4
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