HomeMy WebLinkAboutWalmart 02862-253 Fairview Water Main Addition ADA COUNTY RECORDER Phil McGrane 2022-090407
BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/01/2022 12:11 PM
CITY OF MERIDIAN, IDAHO NO FEE
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WaIiiirurt 02862-253 Fairview Water Nlahi Addition
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j 1 111S WARRANTY SURF TY AGR11.1.=tiIFINT is made and entered into tills Fhw of
lay and between the CI 1°Y OF MFRIDIAN,a Municipal Corporation,
hereinalter referred to as CITY, and WF%I AIAIZ T S`I OW"S, INC, hereinafter rcf;rred to a',
1)1_1VFI1C1111:R.
WITNI'SS11"T11:
lt'11IrR1,AS, Dl:VF1.01't�R received approval from the CITY on September, 28, 2022, ol'the
construction plans ("Construction ['fans"), for the development known as Walmart 02862-253
Fairview \Vawter Main Addition ("Subdivision Flat") located in the City of Meridian, which
Construction flans include improvements for public life, saf;ty and health ("Required Public
Improvements") and improvements for non-life„ non-safety and non-health improvements
("Required Development Improvements") (J'he Required Public Improvements and Required
Development Improvements may be collectively referred herein as"Improvements").and
W11FRFAS, T)FVFI,0PFR has completed the installation of the Improvements;and
W1 I FRT AS,the Unified Development Code of the City of Meridian Section I I-5C-3 requires that
the D1:VTl.f)PE'12 execute and file with the CITY all agrccrateaat providing For,among other things,
to warranty surety in the amount oftwenty percent of the cost of improvements for a period of two
years.and
\VI1l-'R['AS,the CITY is agreeable to acceptance of the improvements upon the execution ofthis
yk`arranty Surety Agreement and compliance by the 10"VI-LOPF'R with the provisions of the:.
Unif icd Development Code of the City of*Meridian.
NC)1?4t, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements
of`tlte parties, it is hereby agreed as follows:
1. `I°he DI VI?l,C)C'FR agrees to correct, repair and maintain all such Required Public
Improvements front any detects, omissions or irregularities in the construction, ruateri.rls
or work thereof fora period of two(2)calendar years front the date of written acceptance
of'such improvements.
2. Upon execution of this Agreement, the DIiV1:�,011FR shall notify the CITY of the
readiness far final inspection. (.)[)on certification by the City 1`11gineer that all requirements
w%,%RRAN FY 5tlt FA'Y AtaRt;FNIII,:NVr -wwalmaart 2862•253 Uaaireieo ww"atcr tariu Aitatitiim Page t
ol'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$2,878.00 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
shal I be made,assumed and implied to make the provisions hereof apply equally to a single
or several individuals.
tk'AltRAN'I'YSUltl,*'I'YA(;IIFEMP,N'I'----Waltuart 2862-253 Fairview Water Main Addition—Page 2
IN WITNUSS WI I URF01',the parties shall cause this Warranty Surety Agreement to be executed
by their duly authorized officers the day and year first above written.
WALMAR,r STORE'S, INC:
By-
Kris cl� *tiger oject eager
STATI, 01:MISSISSIPPI
V) *ss.
County of-J.K-�s '01 —)
On this 0_day of Lb�L___ before me, the undersigned, a Notary
---- fjj 20jj
Public in and for the 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
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
.,**IF MIS" Notary Public for
P
V, My Commission Expires_
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��'11ANITHA K j0iih�C)H
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WARRANTY SURETY AGREPAWNT—Walmart 2862-253 Fairview Water Main Addition Pagi,3
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Daled: I3y_
B c de I
Director of imun ity Devc1opment
WARRANTY SURVIN AGREEMENT--Walruart 2862-253 Fairview Water Main Addition- -Page 4
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