HomeMy WebLinkAboutWalmart 05841-228 Expansion - 5001 N. Ten Mile Rd. ADA COUNTY RECORDER Phil McGrane 2022-090408
BOISEIDAHO Pgs=5 VICTORIA BAILEY 11/01/2022 12:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meri(fiall
WARRANTY SURETY ACREFMENT
NN"alinart 05841-228 Expansion (5001 N. Tell ;'!'tile 1W)
FIIIS WARRANIX SLTF,TY AOR1111MIAT is made and entered into 1111', day ('11
' 20 22,byand between the CITY OF MFIRIDIAN,a Mnjjicjp�tl('orporation,
hcreinal'ter referred to as (11'Y, and WALMART STORE'S, INC, hereinafter refcrretl lo ;1,,
DFIVA1.01111z,
W ITN I`SS F'I'll:
W11FRFIAS, DIAT'l 01TA received approval from the. Cl'l'Y on September, 28, 2022, ofthe
construction plans (-Construction Plans"), Inr the development known as Waltilart 4115841-228
E\pansion ("Sub(ii-%ision Plat*')located in the City of Meridian,which Construction plans include
imprownients for public life, safety and health ("Required Public hiiprovcrnent,s") and
Improvements fOr non-lite. non-sal'ety and non-health improvements (-Required Development
Irnpro\ements-)(I'lle Required Public Improvements and Required Development Improvement,,
may be collecti\ck retcrred herein as"Improvements")-,and
WHI'REAS,l)FVl11`.l,0PFR has completed the installation ofthe Improvements; and
I IFRFAS,the Unified Development Code of the City of Meridian Section 1 1-5C 3 requires that
tyre DEXITOPER execute and file with the CITY an agreement providing for,among other things,
), arrant,, surety in the amount of twenty percent of the cost of improvements for a period of two
year,,; and
HERFAS,the CITY is agreeable to acceptance ofthe improvements upon the execution of this
arrunty Surety Agreement and compliance by the DFVl`.LCil1FR with the provisions of' the
Unified [)k!\elopi-nent Code ofthe City of Meridian.
N(-AV, I 14FIREFORL., in consideration of foregoing mutual promises,covenants and agreements
(ifthe parties, It is hereby agreed as follows:
I I. The DFVlJ.011FR agrees to correct, repair and maintain all such Required Public
III Iprovernents from any defects, omissions or irregularities in the construction, materials
Or v,ork, thereof fur a period of two(2)calendar years front the date ol'written acceptance
of'such improvements.
2, tJpon execution of' this Agreement, the 1AWFLOPER shall notify the CITY of tile
readiness for final inspection, Uponcertilicatio"by the City Ftigincer that all requirements
\kARRAN 11% SURVIVAGII(L'FNIENT
of the CITY have been met and CITY lbrmally accepts such Improvements in writing,the
following shall occur:
A. The DEVI L,OPER shall submit to the CITY a Warranty Surety in a form approved
by the CITY in the estimated sum of$1,547.40 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. Stich 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 hereol'apply equally to a single
or several individuals.
WARRANTY SURER V AGRE'LAIEKT--wHimart 05841-228 t?rpamion(5001 Ten Mite Road) fake 2
IN WITN I�SS WI I I At F'OF,the parties 811.111 Cause this Warranty Surety A grcenicrit to be CXCCUtCd
by then-duly authorized ollicen,tile day and year first above written,
WALMART STORES, INC:
----------
By:
. -Mrt,
Kris
Ci� P CC t a er
STATE OF MISSISSIPPI
County(it",
On this I-L--day of �1:� 2 it Notary
0�_Ubcforc me, the undersigned,
Public in and for die State of Idaho,personally appeared Kristen Dinger,known or identified to me to be
the Sr. Project Manager,who executed this instrument on behalf of said Corporation,and acknowledged to
tile 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 for Idaho 1 %N I
.. IS
..... My Commission Expires . _jC5 �3cL4,__
M
V) T -04C176
Feb.".1,,tii
C,
WARRANTY SURETY AGREENIFNT- Walmart 05841-228 Expansion(51101 Ten Mile Road) hige 1
CITY 01: MFRIDIAN-
Daled; - f �Q .._ fly,
II Director
unity Development
i
WARRANTY SURE V AGRE EMENT---Walmart OS941-22H Expansion(51101 Ten Mile Road) -.,Page 4
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