HomeMy WebLinkAboutMile High Pines Offsite Sewer and WaterADA COUNTY RECORDER Trent Tripple 2023-004292
BOISE IDAHO Pgs=5 ANGIE STEELE 01/24/2023 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Mile High Offsite Sewer and Water
�T�-�HIS WARRANTY SURETY AGREEMENT is made and entered into this � day of
j_41V LcLrV 20;23 by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and BARON TEN X-IILE. L.LC. hereinafter referred to as
DEVELOPER.
WITNESSETH:
WHEREAS. DEVELOPER received approval from the CITY on January 5, 2023. of the
construction plans ("Constriction Plans'), for the development known as tiNtile High Offsite
Sewer and Water ("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 "Improyements''). and
WHEREAS, DEVELOPER has completed the installation of the Improvements: and
WHEREAS, the Unified Development Code of the City of \-leridian Section 1 1-5C-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 tit enty 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 Avreement and compliance by the DEVELOPER with the provisions of the
Unified Development Code of the City of %,lendian.
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 vears fi-om the date of written acceptance
of such Improvements.
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 — Mile High Pines Ott'+ite Sewer and Water — Pa„ e I
of the CITY have been met and CITY formally accepts such Improvements in writing, the
followinu shall occur:
A. The DEVELOPER shall submit to the C'IT)' a Warranty Surety in a form approved
by the CITY in the estimated stun of S24.826.76 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 CITN' 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 C'ity'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 Impro\ ements.
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 pro\ isions liereofapply equally to a single
or several indi\ idtials.
R`ARRANTY SURETY AGREEM ENT — :llite High Pines 0ff%itc Se«'er anal Water— Page 2
IN WITNESS WHEREOF, the Parties shall cause this \Warranty Surety AYgreenient to be executed
by their duly authorized officers the day and year first above written.
-1 BARON TEN MILE, LLC:
STATE OFFO ►
j, e4'1L'C.;- : SS -
County of Adn- )
On this cry day" of la-"L-�A _200 before me, the undersigned. a Notary
Public in and for the State of Ida t . personally app'eared .lames 1. Rid--s. known or identified to me to be
the Member, who executed this instrument on bell aI fof said Limited Liability Company, and acknowledged
to me that such (Limited Liability Company} executed the same.
IN WITNESS WHEREOF. I halve hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
MELISSA JOY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20194031189
MY COMMISSION EXPIRES AMST 16. 2027
Notary Public01-
rommissE ires:I _ s 15 _sa
WARRANTA' SURETY AGREEMENT —Mile High Pines Off.site Sewer and eater — Page 3
CITY OF MERIDIAN:
Dated: January 23, 2023 By: —
Bruce Freckleton
Director of Community Development
WARRANTY SURETYaGREEME\T —Mile FIiTI► Pines OffNite Surer and Water — Page 4
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