HomeMy WebLinkAboutStarbucks Shell 10 Mile and FranklinADA COUNTY RECORDER Trent Tripple 2023-056431
BOISE IDAHO Pgs=6 ANGIE STEELE 10/02/2023 04:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Starbucks Shell 10 Mile and Franklin
THIS WARRANTY SURETY AGREEMENT is made and entered into this V, day of
20 2-� by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and 10 MILE FRANKLIN, LLC, hereinafter referred to as
DEVELOPER.
WTTNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on September 25, 2023 of the
construction plans ("Construction Plans"), for the development known as Starbucks Shell 10 Mile
and Franklin ("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 — Starbacks Shell 10 Mile and Franklin — 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 $830.00 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.
WA.RI3ANTY SURETY AGREEMENT — Starbucks Shell 10 Mile and Franklin — 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.
10 MILE FRANKLIN, LLC:
By: Franklin Mile Managers, LLC
Its Manager
By: Sunny Cove, LLC
Its Manager
By: V
Mark Engstrom - Owner /Manager
ATE OF CALIFORNIA )
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County o to }
On this day of 20, before me, the undersigned, a Notary
Public in and for the State alifomia, personally appeared Mark Engstrom, known or identified to me to
be a Owner, who executed this i ument on behalf of said Limited Liability Company, and acknowledged
to me that such (Limited Liability Co y) executed the same.
IN WITNESS WHEREOF, I have here u set my hand and affixed my official seal the day and
year first above written.
SEAL
Notary Public for California
My Commission Expires:
WARRANTY SURETY AGREEMENT -- Starbucks Shell 10 Mile and Franklin — Page 3
CITY OF MERIDIAN:
Dated: September 27, 2023 By:
Bruce FreckleKon
Director of Community Development
WARRANTY SURETY AGREEMENT — Starbucks Shell 10 Mile and Franklin — Page 4
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of l �j Oss.
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before me,
Notary Public personally appeared M oftrID A/L/
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. WITNESS my hand and official seal.
SIGNATURE
Ir CATHY M. SHELTON21
COMM. # 2398715
• NOTARY PUBLIC • CALIFORNIA 17
YOLO COUNTY 0
COAAM. EXPIRES APR. 23. 2026'`
CA -Notary Acknowledgment — One Page
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