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Home My WebLink AboutImpressive East Ridge Subdivision No. 3 ADA COUNTY RECORDER Trent Tripple 2024-061320 BOISE IDAHO Pgs=1 ANGIE STEELE 10/30/2024 09:43 AM CITY OF MERIDIAN, IDAHO NO FEE NOTICE SATISFACTION OF DEVELOPMENT SURETY AGREEMENT and RELEASE OF WARRANTY SURETY For The Development Known As: Impressive East Ridge Subdivision No. 3 Between G20, LLC And CITY OF MERIDIAN The Development Surety Agreement,recorded as Instrument# 2022-073636, entered by and between the City of Meridian ("City"), a Municipal Corporation, and G20, LLC, ("Developer"), has been satisfied in accordance with the City's requirements. Attached hereto is the City Engineer's letter confirming completion of all the required Public Improvements set forth in the Agreement and the City's consent to release of the warranty surety. /� / � C.Ni i illIAN'. 1 SEAL Chris Johns n-City er 10-30-2024 STATE OF IDAHO ) ss County of Ada ) On this 30th day of October 2024, before me, a Notary Public, personally appeared Chris Johnson known or identified to me to be the City Clerk, respectively, of the City of Meridian, who executed the instrument or knows the person who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. Cha&m--Wc�j (SEAL) Notary Public for Idah` ' Residing at: Meridian, CHARLENE WAY Commission expires: 3-28-2028 _ COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO y of Meridian • 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433 • Fax 208-887-4813 • www.meridiancity.org Mayor Robert E. Simison City Council Members: E II�IAN� Luke Cavener, President Liz Strader,Vice President Brian Whitlock _ - _- _ _ Doug Taylor John Overton Anne Little Roberts October 28, 2024 James D. Conger—Authorized Agent G20, LLC 4824 W. Fairview Ave Boise, ID 83706 RE: Impressive East Ridge Subdivision No. 3 — Discharge from Warranty responsibility and Satisfaction of Development Surety Agreement Dear James D. Conger: This letter is the final documentation from the on-site warranty inspection and the review of the deliverables provided to the City for the above noted project. The Public Works Department confirms that a warranty inspection has been performed and no apparent non-compliant items currently exist. Therefore, we are discharging you from the two-year warranty responsibility which commenced on the date of this project's formal acceptance letter. We hereby also consent to the release of the Warranty Surety being held by the City during the term of the warranty period and satisfaction of that certain Development Surety Agreement dated August 22, 2022 and recorded as Ada County Instrument No. 2022-073636. The City will record a notice of satisfaction of the recorded Instrument and release of Warranty Surety. Sincerely, , Warren Stewart, P.E. City Engineer cc. City Clerk PW -Water Division PW -Wastewater Division PW - Construction Division PW - Engineering Community Development Dept.- File Public Warks Department . 33 E. Broadway Avenue, Suite 200,Meridian,lD 83642 Phone 208-898-5500 . www.meridiancity.org ADA COUNTY RECORDER Phil McGrane 2Q22-073636 BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/22/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2Q22_066159 BOISE IDAHO Pgs=6 BONNIE OBERB1l.lIG 07/25/2022 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE Re-Record to change the name City of Meridian .. � DE'V�LOPTI�EN'I' STJRE'�Y AGREENIENT' Impressive Eas� Rzdge Subdzvision No. 3 THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this 22nd day of July , 20 22 by and between the CITY OF MERIDIAN, a`�unicipal Cozporation, hereinafter referred to as CITY, and G20, LLC, hereinafter re�e�zed to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval f�om the CITY on March 21, 2022, of the constzuction plans ("Construction Plans"),forthe developmentknown as EasfRidge Subdivision �To. 3 ("Subdivision Plat") located in the City of Meridian, which Construction Plans include improvements �or public life, safety and health ("Required Public Xmprovements") and improvements :f'or 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 "Zmprovements"); and WHEREAS, DEVELOPER has petitioned the CITY to accept the Subdivision Plat and execute the final plat prior to the installation of the Improvements; and WHEREAS,the Unified Development Code of the City of Meridian, Section 11-5C-1 through 11- � 5C-4 and applicable ordinances and laws of the CITY require that the DEVELOPER execute and file with the CITY an agreement providing for, among other things, the perivd within which all required improvements shall be made within said Subdivision and that if the Improvements are not completed within the period specified, the CITY may complete the same and recover the full cost and expense thereof from the DEVELOPER; and WHEREAS, the CITY is agreeable to acceptance and filing of said Subdivision Plat upon the execution of this Agreement and compliance by the DEVELOPER tivith the provisions of the , �7ni�ed Development Code of the City of Meridian. � NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the paz�ties, it is hereby agreed as follows: 1. The DEVELOPER agrees to install all of the Requi;red Public Improvements and bind themselves to usesuchmaterials andto so constructall oftheimprovements in compliance with Construction Plans and all applicable City ordinances and State Codes and in a manner acceptable to the CITY (hereinafter"City's Requiz�ements"). � 2, The DEVELOPER agrees to restore at no cost to the CITY any monument erected or used as a survey marker or 6oundary of any tract, plat or parcel of land which monument is D�VELOPM�NT SURETX AGRE�MCNT—E�st Ridge Subdivision �(o. 3--Page 1 �,•. `� � Re-Record to change the name C�ty of Meridian DEVELOPMENT SURETY AGREEMENT Impressive East Ridge Subdivision No. 3 THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this 18th day of Au�ust, 2022 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as CITY, and G20,LLC,hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on March 21, 2022, of the construction plans("Construction Plans"),for the development known as Impressive East Ridge Subdivision No.3("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 Reyuired Development Improvements may be collectively referted herein as "Improvements"); and WHEREAS, DEVELOPER has petitioned the CITY to accept the Subdivision Plat and execute the final plat prior to the installation of the Improvements; and WHEREAS,the Uni�ed Development Code of the City of Meridian, Section 11-5C-1 through 11- SC-4 and applicable ordinances and laws of the CITY require that the DEVELOPER execute and file with the CITY an agreement providing for, among other things, the period within which all required improvements shall be made within said Subdivision and that if the Improvements are � not completed within the period specified,the CITY may complete the same and recover the fiill cost and expense thereof from the DEVELOPER; and WHEREAS, the CITY is agieeable to acceptance and filing of said Subdivision Plat upon the execution of this 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 install all of the Required Public Improvements and bind themselves to use such materials and to so construct all of the Improvements in compliance with Construction Plans and all applicable City ordinances and State Codes and in a matlner acceptable to the CITY(hereinafter"City's Reyuirements"). 2. The DEVELOPER agrees to restore at no cost to the CITY any monument erected or used as a suivey marker or boundary of any tract, plat or parcel of land which monument is DEVELOPMENT SURETY AGREEMENT—Impressive East Ridgc Subdivision No.3—Page 1 broken down,damaged,obliterated,removed or destroyed,whether willfully or not,by the DEVELOPER,or the agents,employees oi•contractors of the DEVELOPER. 3. The DEVELOPER agrees that all said Impcovements shall be completed on or before March 21, 2023, and that the DEVELOPER will con�ect, repair and maintain all such Requil•ed Public Improvements from any defects, omissions or irregularities in the construction,materials or work thereof for a period of two(2}calendar years fi•om the date of written acceptance of such Improvements. The DEVELOPER agrees that if they abandon the Improvements,fail to make satisfactory progress on the Improvements,or fail to complete the Improvements by the date specified, the CITY may cause the Improvements to be completed by another person under contract,by its own forces,or both and that DEVELOPER hereby grants a License for such purposes. The DEVELOPER shall be jointly and severably liable to the CITY for any and all loss and damage from such abandonment or failure,either fiom the greater expense of so completing or repairing faulty or damaged Improvements, or fi•om any other cause 1•elated to DEVELOPERS failure to complete the Improvements,which expense shall not be limited by any surety. 4. Upon execution of this Agreement,the DEVELOPER shall deliver to CITY a performance surety (Irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit) ("Performance Surety"} fot• the purpose of assuring DEVELOPER'S full and faithful completion of the required Improvements as shown on the Construction Plans. The amount of the Performance Surety for the Improvements shall be the sum of$539,939.79 as set foi�th on Exhibit "A" attached hereto and incorporated herein, The amount of such Performance Surety is based upon 125%of an itemized contractoc's bid for the completion the Required Public Improvements, and 110% of all other Required Development Improvements. CITY'S acceptance of such assurance shall not be construed as a limitation on the amount which may be spent on completion of the Improvements. 5. At such time as all Required Public Improvements have been completed in accordance with the CITY'S requirements, the DEVELOPER shall notify the CITY of the readiness for final inspection. Upon certification by the City Engineer that all requirements of the CITY have been met and CITY formally accepts such Improvements in writing, the following shall occur: A, The DEVELOPER shall submit a written request to the CITY to release the Pei�formance Surety, including: i. A statement fi•om the DEVELOPER that the required Impl•ovements are complete and have been constructed in accordance with the City's Requirements , and ii. Two (2)hard copy sets, and one electronic copy of as-built plans. iii, A final accounting of the finished costs of the Required Public Improvements, substantiated by billing invoicing from the contractor(s) performing the work. DEVELOPMENT SURETY AGREEMENT—Impressive East Ridge Subdivision No.3—Page 2 B. The DEVELOPE�shall submit to the CITY a Warranty Surety in a form approved by the CITY in the estimated sum of$57,937.50 to provide for correction of any defective materials or workmanship in such Rec�uired Public Improvements for a period of two (2) years after final acceptance, as de�ned in the City Public Works Construction Code. The amount of such surety assurances is based upon 20% of the contractor's itemized bid 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 Requirernents at the end of the two year warranty period. After receiving such request the CITY shail conduct an inspection of the Required Public Improvements to deterrnine if any defects are present. If there are no defects,CITY shall release/return the Warranty Surety to DEVELOPER. 6. The CITY agrees to accept the Required Public Improvements upon certification by the City Engineer A. That all Required Public Improvements have been constructed in accordance with the City's Requirements. Such certi£ication is nofi intended to relieve DEVEL�PER or any coniractor or material supplier of their responsibility for any defects in materials or worktnanship of such Improvements. 7. 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. DEVELOPMENT SURETY AGREEMENT—East Ridge Subdivision No.3—Page 3 1N WITNESS WHEREOF, the parties shall cause this Development Surety Agreement to be executed by their duly authot•ized officers the day and year first above written. G20, LLC; By: James D. C ger - Authorized Agent STATE OF IDAHO } . ss. County of Ada } On this �-1 day of � 200�, bef'ore me, the undersigned, a Notary Public in and for the State of Idaho, perso ally appeared James D. Conger, known oi• identified to me �o be the Authol•ized Agent of G20, LLC, who executed this instrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Cornpany executed the satne. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . SEAL Notary Public f'or ldaho ,,,,��!ff��♦. My Commission Expires: �` �J' ��(J �` t� �� tii �� r�� y � Q+ • � �,. �� ♦��oTA�Y�•. . . . •� � + � �.� _ .L t 's ��pV�Lt�� ..� . f�'•.��'�%::;:::«' ��0� ��'�%�� C�F ��. �.,,,�;��a•+�. DEVELOPMENT SURETY AGREEMENT—Impressive East Ridge Subdivision No. 3—Page 4 CITY � Dated; � � ��, By• Bru •ec n Director of Community Development DEVELOPMENT SURETY AGREEMENT—Impressive E�st Ridge Subdivision No.3—Page 5 SURETY BREAKDOWN -�, ��I��r;�-.- FOR , �_., � ; . �: :a.�� ,��.�;� :,� ,�� PER - Impressive East Ridge Subdivision No.3 ��-'��'��-�� G��o�im�n� �- . � . .- �_ . -. ID- a m : o � • ' -o m m e o 0 a � • '- • _ ;;:_ ,:-: ;,... , :: , .,.. . _ ..,. 1 '` Sah�tary Sewer'(Intem�l) > :$117;270:00 125% $146,587.50 ' $146;587 50 ' '` ' _ .. , ,... _... ..: .; _ ... . .. . _ _. _ .. , _ _ _ ,-.�_ ,, ,. o ,.,. 2 Water{intemaq , , ,. , ;$172,417:50 .. 125/o , -;;$215;521:88 ; $215;521;88 ` , ,.. ,.. _ , _. ,.; . ; ::: o ' , • 67 760:28 3;:..Pressur�zed 1mgafion...... $61,600:25 :: : ..910%.,:.: $67,760.28 _ , $ , z ,.. ,,: ,., : , . ,.. 4 Other:Common;Orives . ',:. $18 541.50 110% .:$20;395:65 __ . $20;395:65 :. � . , ... , -. . ,..... `:: 20 505:10 5 ; Streef Lights $18,641.00 ;: 1.10% ; ; :.::$20,505.10 ;..._. $ , , , _ , .: ,. ;::.$25,471.25 . 6 ,, Fencing:: :; 110% ;, $28;018.38 ;.: ;.: ;;$28;018:3$ _ . .. _. . , 7 Landscaping _$37,410.00 - ,,110% ; . , . .. $4'l;151:00 $41;9 51.00 '.: TOTAL: $459,351.50 $539,939.79 $0.00 $539,939.79 WARRANTY SURETY: $57,937.50 � BALANCE REMAINING: $539,939.79 Comments: