HomeMy WebLinkAboutTopgolf At Eagle View Landing ADA COUNTY RECORDER Phil McGrane 2022-084954
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/07/2022 11:34 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Topgolf At Eagle View Landing
THIS WARRANTY SURETY AGREEMENT is made and entered into this (1� day of
DO MWK ,24 jIby and between the CITY OF MERIDIAN,a Municipal Corporation,
hereinafter referred to as CITY, and TOPGOLF USA BO, LLC., hereinafter referred to as
DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on February 11, 2022, of the
construction plans{"Construction Plans),for the development known as Topgolf At Eagle View
Landing("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 completed the installation of the Improvements;and
WHEREAS,the Unified Development Code of the City of Meridian Section 1 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 cost of improvements for a period of two
years;and
WHEREAS,the CITY is agreeable to acceptance of the improvements upon the execution of this
Warranty Surety 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.
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
WARRANTY SURETY AGREEMENT—Topgolf At Eagle View Landing—Page 1
of the CITY have been met and CITY formally accepts such Improvements in writing , the
following shall occur:
A. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved
by the CITY in the estimated sum of $400 . 00 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 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 — Topgolf At Eagle View Landing — Page 2
IN WITNESS WHEREOF, the parties shall cause this Warranty Surety Agreement to be executed
by their duly authorized officers the day and year first above written.
TOPGOLF USA BO , LLC :
By:
William Da renport - Manager
��
STATE OF NM#Gr )
. ss .
County of Aka Tia i �A , )
On this 6 day of CA cj �,. ir' vr� 20 2 '4 before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared William Davenport, known or identified to me to
be the Manager, who executed this instrument on behalf of said Corporation, and acknowledged to me that
such (Corporation) 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
Notary Public foraT�)&;,s
CHEREE D . GOODALL
`��► !! P(I�/ice My Commission Expires : _
Notary Public , State of Texas
. : . . _
�-► '!; Comm . Expires 08- 13-2025
of� :��� Not ! D 125394731
WARRANTY SURETY AGREEMENT — Topgolf At Eagle View Landing — Page 3
CITY OF MERIDIAN:
Dated: October 6, 2022 By:
Bruce Freckleton
Director of Community Development
WARRANTY SURETY AGREEMENT—Topgolf At Eagle View Landing—Page 4
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