HomeMy WebLinkAboutMcClure Dental LabTHIS WARRANTY
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hereinafter referred
DEVELOPER.
ADA COUNTY RECORDER Trent Tripple 2023-004653
BOISE IDAHO Pgs=5 LINDSAY WHEELER 01/25/2023 08:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
McClure Dental Lab
URETY AGREEMENT is made and entered into this L 3 day of
2C Z3 by and between the CITY OF MERIDIAN, a Municipal Corporation,
to as CITY, and M.A.T PROPERTIES, LLC, hereinafter referred to as
WITNESSETH:
WHEREAS, DEVELInstruction
ER received approval from the CITY on January 11, 2023, of the
construction plans ("C Plans"), for the development known as McClure Dental Lab
("Subdivision Plat")cated in the City of Meridian, which Construction Plans include
improvements for pic life, safety and health ("Required Public Improvements") and
improvements for nofe, 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, DEVELO�ER has completed the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian Section I I-5C-3 requires that
the DEVELOPER execi Lte 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, consideration of foregoing mutual promises, covenants and agreements
of the parties, it is hereb
i� y agreed as follows:
1. The DEVELOPER agrees to correct, repair and maintain all such Required Public
Improvements fiom any defects, omissions or irregularities in the construction, materials
or work thereof or a period of two (2) calendar years from the date of written acceptance
of such Improve ents_
2. Upon execution of this Agreement, the DEVELOPER shall notify the CITY of the
readiness for fine 1 inspection. Upon certification by the City Engineer that all requirements
WARRANTY SURETY AGREEMENT — McClure Dental Lab — 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 $2,236.00 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 — McClure Dental Lab — Page 2
IN WITNESS
by their duly
STATE OF IDAHO
County of Ada
)F, the parties shall cause this Warranty Surety Agreement to be executed
officers the day and year first above written.
M.A.T. PROPERTIES, LLC:
By: �_ — —I--
. ark McClure - Member
On this 'e day of 2023, before me, the undersigned, a Notary
Public in and for the State of Idaho, personall ppeared Mark McClure, known or identified to me to be a
Member, who executed tt is instrument on behalf of said Limited Liability Company, and acknowledged to
me that such (Limited Liz bility Company) executed the same.
IN WITNESS WTEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL ++�..• 'Ho
Notary lic for Idaho
Np'TAR Y��= My Commission Expires: y-/� •2,6
:cn f'i1B1�tG ti�i' � .
Of
WARRANTY SURETY AGREEMENT — McClure Dental Lab — Page 3
CITY OF MERIDIAN:
Dated: January 24, 2023 By:
Bruce Freckleton
Director of Community Development
WARRANTY SURETY AGREEMENT — McClure Dental Lab — Page 4
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