HomeMy WebLinkAboutGrocery Outlet Shell and Site ADA COUNTY RECORDER Trent Tripple 2024-009969
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/28/2024 08:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTYU AGREEMENT
Grocery Outlet Shell & Site
THIS WARRANTY SURETY AGREEMENT is trade and entered into this day of
J( l ,2074 by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter ieferred to as CITY, and TEN MILE FRANKLIN, LLC, hereinafter referred to as
DEVELOPER.
WI ESSETH
WHEREAS, DEVELOPER received approval from the CITY on February 2 , 2024 , of the
construction plans ("Construction Plans"), for the development known as Grocery Outlet Shell
Site ("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 I 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 twenty percent of the cost of improvements for a period of two
years and
VVHEREAS,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—Grocery Outlet Shell&Site—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 $ 5 ,470 . 20 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 In 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 — Grocery Outlet Shell & Site — 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 .
TEN MILE FRANKLIN , LLC :
By .
Marls Engstrom - Owner
STATE OF CALIFORNIA
ss .
County of Yolo
On this day of ......20., before me, the undersigned, a Notary
Public in and for the State of California, personally appeared Mark Engstrom, known or identified to me to
be Owner of Ten Mile Franklin , LLC , who executed this instrument on behalf of said Limited Liability
Company, and acknowledged to me that such Limited Liability Company 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
My Commission Expires :
VIA RL RANTY SUR ET)I AGTRTKEMEI`� T — Grocery Outlet Shell & Site — Page 3
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 C j ss ,
on F e lo tr to Q V �. �o C� before me ,
Notary Public personally appeared H CI V L E yl o%t y ® m
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 cap.acity ( ies ) , and that by his/her/their signatures ) on the instrument the
person ( s ) , or the entity upon behalf of which the person (s ) acted , executed the instrument ,
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 .
SIGNATURECATHY M . SHELTON �
9C1OMM,
COMM . # 2398715
NOTARY PUBLIC • CALIFORNIA
YOLO COUNTY 0
EXPIRES APR, 23, 202604
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CA:Notary Acknowledgment — One Page
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CITY OF MERIDIAN:
Dated: 27 February 2024 By: C. czl-"
Caleb Hood
Deputy Director of Community Development
WARRANTY SURETY AGREEMENT—Grocery Outlet Shell&Site—Page 4
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