HomeMy WebLinkAboutSummertown Multi-Family Apartments ADA COUNTY RECORDER Trent Tripple 2024-033763
BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/24/2024 08:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Surnmertown Apartments
THIS ` Y SURETY AGREEMENT
is made and entered into this day of
Ail,
_ y and ee t IT 1 I , a nicipal o oration,
er er re to as CITY, and SUMMERTOWN, LLC, hereinafter referred to as
WITNESSETH:
WHEREAS, DEVELOPER received " ravel from the CITY on June 04, 2024, of the
construction plans ("Construction ns"), for the development known as Summertown
Apartments ("SubdivisionPlat") located in the City of Meridian, which ConstructionPlans
include improvements fo lic life, safety and health ("Required u lic Improvements") an
improvements or non-life, non-safety and non-healthimprovements `° e uire eve o ent
Improvements") (The Required Public Improvements and RequiredDevelopment Improvements
may be collectively referred here) as"Improvements"); and
WHEREAS, DEVELOPER has completed the installation oft e Improvements; an
the Unified Development Code of the City of Meridian Section l I-5C-3 requires that
the DEVELOPER execute and file with e CITY an agreement providing or,among other things,
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 o the execution oft i
Warranty Surety Agreement and compliance by the DEVELOPER withthe provisions oft e
Unified evelo e t Code of the City of Meridian.
THEREFORE, in consideration of foregoing to l promises, covenants and agreements
of the parties, it is hereby agreed as follows:
e DEVELOPER agrees to correct, repair and maintain all such e ire Public
Improvements ro any defects, omissions or irregularities in the construction, materials
or work thereof or a period of two 2) calendar years frorn the date of writtenacceptance
of such Improvements.
2. Upon execution of this Agreement, the DEVELOPER shall notify the CITY oft e
readiness for final inspection. on certification the City Engineer that all requirements
SURETYWARRANTY o n —Page
City of Meridian
WARRANTY SURETY AGREEMENT
Summertown Apartments
THIS WARRANTY SURETY AGREEMENT is made and entered into this (04`day of
_
, 20 ' by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereif},,after referred to as CITY, and SUMMERTOWN, LLC, hereinafter referred to as
DEVELOPER.
W ITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on June 04, 2024, of the
construction plans ("Construction Plans"), for the development known as Summertown
Apartments ("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 l 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
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—Summertown Apartments—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$89,439.96 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—Summertown Apartments—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.
SUMMERTOWN, LLC:
4r,-�- k
/WPD —Manager
STATE OF IDAHO )
ss.
County of Ada ) ,,,,,,rr
On this U2— day of_ ____..__20�'T, before me, the undersigned, a Notary
Public in and for the State of Idaho, . sonally appeared Shannon Robnett,known or identified tome to be
the Manager of Summertown, 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
5 Jbj Notary Public for Idaho
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N0TARy
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WARRANTY SURETY AGREEMENT—Summertown Apartments—Page 3
CITY OF MERIDIAN:
Dated: 20 June 2024 By: C. (tea" ll&&d
Caleb Hood
Deputy Director of Community Development
WARRANTY SURETY AGREEMENT—Summertown Apartments—Page 4
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