HomeMy WebLinkAboutVooDoo Patio Encroachment Permit - City Center Redevelopment LLC Ada County Recorder Trent Tripple 2025-034022
Boise,Idaho Pgs=4 asteele 06/03/2025 08:01:13 AM
CITY OF MERIDIAN IDAHO$19.00
Electronically Recorded
WARRANTY SURETY AGREEMENT
FOR USE ZONE ENCROACHMENT PERMIT
THIS WARRANTY SURETY AGREEMENT FOR USE ZONE ENCROACHMENT PERMIT
("Agreement") is made and entered into this 2PVday of f 20 by and
between the CITY OF MERIDIAN, an Idaho municipal corporation, hereinafter referred to as
CITY, and CITY CENTER REDEVELOPMENT,LLC hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS,DEVELOPER received approval from CITY on May 29, 2025, for that certain Use
Zone Encroachment Permit concerning DEVELOPER'S business at 713 North Main Street, Suite
120,Meridian, Idaho ("Permit"),which is incorporated herein by reference; and,
WHEREAS, the Permit authorizes DEVELOPER to install certain barriers in the "use zone," as
that term is defined in Meridian City Code section 8-1-1, so long as DEVELOPER provides a
warranty surety to CITY in an amount equal to the estimated cost of replacing the sidewalk in
which the barriers are installed("Sidewalk");
NOW, THEREFORE, in consideration of the foregoing mutual promises, covenants and
agreements of the parties hereto, and other good and valuable consideration, it is hereby agreed as
follows:
1. DEVELOPER shall promptly repair or replace the Sidewalk to its original condition
("Repair Work") once the Permit terminates.
2. Upon execution of this Agreement,DEVELOPER shall submit to CITY a warranty surety
in a form approved by CITY for$33,000.00 ("Warranty Surety")to provide for the timely
completion of the Repair Work and the correction of any defective materials or
workmanship in connection with the Repair Work for a period of two (2) years after the
Permit terminates. At the expiration of the two-year period, DEVELOPER shall submit a
written request to CITY to release the Warranty Surety, along with a statement from
DEVELOPER that the Repair Work remains in good repair. After receiving such request,
CITY shall conduct an inspection of the Sidewalk to determine if any defects are present.
If there are no defects, CITY shall release/return the Warranty Surety to DEVELOPER,
and this Agreement shall terminate.
3. This Agreement may be amended only by written agreement executed by both parties
hereto. Time is of the essence. The laws of the State of Idaho shall govern this Agreement.
Venue shall be Ada County, Idaho. The invalidity or unenforceability of any provision of
this Agreement shall not affect the validity or enforceability of any other provision hereof.
The parties hereto shall comply with all applicable federal, state, and local laws and
regulations. 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
WARRANTY SURETY AGREEMENT—City Center Redevelopment,LLC Page 1
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers effective the day and year first above written.
CITY CENTER REDEVELOPMENT, LLC:
By:
Caleb Roope -Manager
STATE OF IDAHO )
ss.
County of Ada )
On this 2C1 day of IVl C 201Y, before me, the undersigned, a Notary
Public in and for the State of Idaho, personall appeared Caleb Roope, known or identified to me to be a
Manager of City Center Redevelopment, LLC, who executed this instrument on behalf of said Limited
Liability Company, and acknowledged to me that said 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 Publi for jdahol
STACEY APARICIO My Commission xpires:
COMMISSION#20212548
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES M412027
WARRANTY SURETY AGREEMENT—City Center Redevelopment,LLC Page 2
CITY OF MERIDIAN:
Dated: 29 May 2025 By: C. �e�
Caleb Hood
Deputy Director of Community Development
WARRANTY SURETY AGREEMENT—City Center Redevelopment,LLC Page 3
Exhibit A
SURETY BREAKDOWN E IDIAN
FOR
WAR - City Center Redevelopment , LLC ( 713 N . Main Street Suite 120 ) CcmmuntyC-evecp^ient
Department
e
DescContinription Responsible
Sign Off Off/ Person
iL
1 Other: Warranty Surety for $30, 000. 00 110% $33, 000 . 00 $33, 000 , 00
Use Zone Encroachment
Permit - Outdoor Patio
Seating Area
TOTAL : $ 301000 . 00 $ 331000 . 00 $ 0 . 00 $ 335000 .00
WARRANTY SURETY : $ 0 . 00
BALANCE REMAINING : $ 33 , 000 .00
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