HomeMy WebLinkAboutFoundation Support Works ADA COUNTY RECORDER Trent Tripple 2024-025773
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/15/2024 12:11 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Foundation Support Works
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THIS WARRANTY SURETY AGREEMENT is made and entered into this 61 ' day of
20_2_V6y and between the CITY OF MERIDIAN, a Municipal 'Corporation,
her e'inaftei- reterred to as CITY, and STEVE AND NADINE BURAK LIVING TRUST,
hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on May 08, 2024, of the
construction plans ("Construction Plans"), for the development known as Foundation Support
Works ("Subdivision Plat") located in the City or 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 ofthe City of Meridian Section I 1-5C-3 requires that
the DEVELOPER execute and file with the CITY all agreement providing for, among other things,
a warranty surety in the amount of twenty percent of the cost of improvements 11or a period of twee
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 tile
d.Jnified 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:
I. Tile DEVELOPER agrees to correct, repair and maintain all such Required Public
Improvements from tiny defects, omissions or irregularities in the construction, materials
or work thereon fora per-iod oFtwo (2) ealcmhw yeat-.,4 firom the date ot'vvrittQri aceeptaiicQ
of such I inprovc n ic tits.
2. Upon execution or this Agreement, the DEVELOPER shall notify the CITY of the
readiness 1or final inspection. Upon certification by the City Engineer that all requirements
WARRANTY SURETY AGREEMENT—r�oun(iation Support Works—Page I
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$12,336.80 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—Foundation Support Works—Page 2
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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,
i
s,rEVE AND NADINE BURAK LIVING TRUST;
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By:
f yt�
Nadine Burak—Member
STATE OF IDAHO
ss.
County of'Ada ) j
On this 1 day of �_, 20,;�L before ine, the undersigned, a Notary
Public in and ror the State of Idaho, personal) appeared Nadine Burak, known or identified to me to be a
Member of Steve and Nadine Burak Living Trust, who executed this instrument on behalf of said Trust,
and acknowledged to me that such Trust 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 ror fiho
My Commiss�KExpires:
SALINA MEDELLIN
COMMISSION 458202
NOTARY PUBLIC
STATE OF IDAHO
My Commission Expires 07/25/29
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WAIIIIAN'I'Y SUI2ETX AGIIEEM ENT—Foundation Support Works—Page 3
CITY OF MERIDIAN:
Dated: 10 May 2024 By: C. lvyl&ed
Caleb Hood
Deputy Director of Community Development
WARRANTY SURETY AGREEMENT—Foundation Support Works—Page 4
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