HomeMy WebLinkAboutChick Fil AADA COUNTY RECORDER Trent Tripple 2024-072781
BOISEIDAHO Pgs=6 VICTORIA BAILEY 12/23/2024 08:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Chick-Fil-A (Ten Mile and Vanguard)
THIS WARRANTY SURETY AGREEMENT is made and entered into this L5 day of
20by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and CHICK-FIL-A, INC., hereinafter referred to as
DEVELOPER,
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on December 17, 2024, of the
construction plans ("Construction Plans"), for the development known as Chick-Fil-A (Ten Mile
and Vanguard) ("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 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 — Chick -Fit -A -- (Ten Mile and Vanguard) — 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 $8,233.60 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— Chick-Fil-A — (Ten Mile and Vanguard), 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.
OF
. ss.
County of
CHICK-FIL-A, INC.:
By:
Sabrina Wright — Manager
On this day -Of20 , before me, the undersigned, a Notary
Public in and for the State of -_--.,,personally appeared Sabrina Wright, known or identified to me
to be the Manager of CHICK-Fii: A INC, MwLexecuted this instrument on behalf of said Corporation, and
acknowledged to me that such Corporation execiiWoe same.
IN WITNESS WHEREOF, I have hereunto set myMand affixed my official seal the day and
year first above written.
SEAL
Notary Public for
My Commission Expires:
WARRANTY SURETY AGREEMENT — Chick -Fit -A — (Ten Mile and Vanguard) — Page 3
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 e—
On si�_tr i;?r before me, X/�/b�t ✓ cr
Date Here Inse4NameandT of the OfflccP
personally appeared
Name,*}of Signer(;} --
who proved to me on the basis of satisfactory evidence to be the persono)r whose nart ) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/ice/their
authorized capacity(osr, and that by his/her/their signaturejs)--on the instrument the person(sror the entity
upon behalf of which the persons cted, executed the instrument.
�►+..
�esuc �. cur
Natty Aub11k • Call/orgia
oliM1lt county
Comalif"Ch 4r 2436240
Lo'.Coon.. CxNrts !an Ia,
2027
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
Si
Place Notary Seal andlor Stamp Above ' Signature
v OPTIONAL
Completing this information con deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:.,
Document Date:—__ -
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Dated: 20 December 2024
CITY OF MERIDIAN:
Caleb Hood
Deputy Director of Community Development
WARRANTY SURETY AGREEMENT- Chick-Fil-A — (Ten Mile and Vanguard) — Page 4
SURETY BREAKDOWNC�tfiERIDIAN!,-F
OR
I�s���
WAR - Chick-Fil-A Ten Mile & Vanguard
Commun1tyDeve!opment
Department
Item �• scription Bid Amount Surety Partial
Unfinished Responsible
�•. te Signed
D.
For
%
Off/Person
Sign • ff
1 Sanitary Sewer (Internal) $9,120.00 125% 1 $11,400.001 1$0.001
1Main Sewer
2 Water (Internal) $15,714.00 125% $19,642.50
$0.00
Main Water
3 Water (Internal) $16,334.00 125% $20,417.50
$0.00
Fire Main Water Line and
Hydrant
TOTAL: $41,168.00 $51,460.00 $0.00
$0.00
WARRANTY SURETY:
$8,233.60
BALANCE REMAINING:
$0.00
Comments: