HomeMy WebLinkAbout6-23-22 Whitecliffe 3 Surety Submittal V1CUEIDR IAy
APPROVED
DATE 07/21/22
ilLf NUMBER: Fas-zazzuoza
IINEERING
ling and engineering communities for the future
LUTIONSUP
To: City of Meridian
Attn: Kelly Ready
33 E. Broadway Avenue
Meridian, ID 83642
We are sending you:
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Phone: (208) 938-0980
Fax: (208) 938-0941
E-mail: sharis@engsol.org
LETTER OF TRANSMITTAL
Date: June 23, 2022
Project Name: Whitecliffe Estates Sub. No. 3
Project No.: 201104
Meridian Project No.: LD-RSUB-2021-0020
FPS-2022-0028
Copies
Dated
Description
1
6/23/22
ORIGINAL Performance Surety Agreement - SURETY-2022-0065
1
6/23/22
Check No. 360 in the Amount of $118,341.45
Whitecliffe Estates Sub. No. 3 Performance Surety
1
6/23/22
Check No. 361 in the Amount of $162.00
Whitecliffe Estates Sub. No. 3 Surety Fee
Thncc mra trancmittorl ac inrlirafarl hPln1A/'
For Approval
Approved as Submitted
Submit for Distribution
Street Signs
Approved as Noted
Return Corrected Prints
X
As Requested
Returned for Corrections
For Pre -Construction
For Review and Comment
Price
X
Signature Required
For Bids Due:
Resubmit for Approval
Remarks:
Kelly:
Please let me know if you need additional information or documents. Thank you!
Copy to: Signed:
Shari Stiles
E IDI� 11
APPROVED
)A:E 07/21/22
City of Meridian
PERFORMANCE SURETY AGREEMENT
Whitecliffe Estates Subdivision No. 3
THIS PERFORMANCE SURETY AGREEMENT is made and entered into this day
of , 2022, by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and 943 W McMILLAN ROAD LLC, an Idaho
limited liability company, hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER has applied for Performance Surety from the CITY on May 18,
2022, for the Development known as Whitecliffe Estates Subdivision No. 3 ("Development")
located in the City of Meridian, which Development Plans include improvements
for non -life, non -safety and non -health improvements ("Required Development
Improvements") referred to 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
11-5C-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 Development and that if the
Improvements are not completed within the specified period listed below, 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 Development 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 improvements and bind themselves
to use such materials and to so construct or develop all of the improvements in compliance
with Development Plans and all applicable City ordinances and State Codes, and in a
manner acceptable to the CITY (hereinafter "City's Requirements").
2. The DEVELOPER agrees to restore at no cost to the CITY any monument erected or used
as a survey marker or boundary of any tract, plat or parcel of land which monument is
broken down, damaged, obliterated, removed or destroyed, whether willfully or not, by the
DEVELOPER, or the agents, employees or contractors of the DEVELOPER.
3. The DEVELOPER agrees that all said Improvements shall be completed on or before
December 18, 2022. The DEVELOPER agrees that if they abandon the Improvements,
PERFORMANCE SURETY AGREEMENT — Whitecliffe Estates Subdivision No. 3 — Page I
E IDI� 11
APPROVED
)A:E 07/21/22
to make
satisfactory progress on the Improvements,
or fail to complete the
rovements
by the date specified,
the CITY may cause
the Improvements to be
pleted by
another person under
contract, by its own
forces, or both and that
DEVELOPER hereby grants a License for such purposes. The DEVELOPER shall be
jointly and severably liable to the CITY for any and all loss and damage from such
abandonment or failure, either from the greater expense of so completing or repairing faulty
or damaged Improvements, or from any other cause related to DEVELOPERS failure to
complete the Improvements, which expense shall not be limited by any surety.
4. Upon execution of this Agreement, the DEVELOPER shall deliver to CITY a Performance
Surety (Irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit)
("Performance Surety") for the purpose of assuring DEVELOPER'S frill and faithful
completion of the required Improvements as shown on the Development Plans. The
amount of the Performance Surety for the Improvements shall be the sum of $118,341.45
as set forth on Exhibit "A" attached hereto and incorporated herein. The amount of such
Performance Surety is based upon 110% of the itemized contractor bids for all Required
Development Improvements, listed on Surety Breakdown Exhibit "A". The CITY'S
acceptance of such assurance shall not be construed as a limitation on the amount which
may be spent on completion of the Improvements.
5. At such time as all Development Improvements have been completed in accordance with
the CITY'S requirements, the DEVELOPER shall notify the CITY of the readiness for
final inspection. Upon approval by the Planning Department, that all requirements of the
CITY have been met, the following shall occur:
A. The DEVELOPER shall submit a written request to the CITY Planning Department
to release the Performance Surety, including:
i. A statement from the DEVELOPER that the required Improvements are
complete and have been constructed or developed in accordance with the
City's requirements.
Planning approval 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.
6. 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.
PERFORMANCE SURETY AGREEMENT — Whitecliffe Estates Subdivision No. 3 — Page 2
(E IDIAN -
APPROVED
DATE: 07/21 /22
ESS WHEREOF, the parties shall cause this Performance Surety Agreement to be
)y their duly authorized officers the day and year first above written.
943 W McMILLAN ROAD LLC:
By:
Todd Amyx - Ma ber
STATE OF IDAHO )
ss.
County of Ada )
rA
On this V day of 2022, before me, the undersigned, a
Notary Public in and for the State of 10aho, personally appeared Todd Amyx, known or identified
to me to be the Manager of 943 W McMillan Road 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.
(titA.BEGCA [ MC
•`� Y p .. ���5t Not Public for Idaho
� Ue�%+ ; Residing at Eagle, Idaho
MY COMMISSION
My Commission Expires: l 2,4 Z
EXPIRES 8-16.2024
OF
PERFORMANCE SURETY AGREEMENT — Whiteeliffe Estates Subdivision No. 3 — Page 3
APPROVED
DAT 07/21/22
SCE %U61B: R: FPS -zo 2-S
Dated:
CITY OF MERIDIAN:
Bruce Freckleton
Director of Community Development
PERFORMANCE SURETY AGREEMENT — Whitecliffe Estates Subdivision No. 3 — Page 4
So
x
w
E IDS IAN,_—
APPROVED
DATE: 07/21/22
FILE NUMBER: FPS-2a22-2a
�u
C
WCZ
U �
A)
C
�
C
tg
11 � •
Q Q)
U r�
CO
r—
Lf)
(D
Lf)
of
m
�
O
Lo
co
c-
M
o
M
O
00
M
�
64
�
6q
cM
O
}
w
Z
Z_
O
Z
a
w
C:
}
z
O
N
Z
v
¢
w
z
>
m
m
M
a
0
o
r
69
T
m
Y Chi
W +\/y�y
0� 0
co L
0
O
0
O
/ W
W �~
N
O
V
L
co
cc
r
L--
M
co
�
Ln
1.0
r
<n
�
o
L u
w
CL
J
H
O
F-
m
n
N
-p
C
J
N
C
U
!-
LL
6
C
QC
C
E
O
U