Loading...
HomeMy WebLinkAboutMeridian Commerce Park-Offsite Main Water ExtensionAda County Recorder Trent Tripple 2026-046064 Boise, Idaho Pgs= 5 boberbillig 06/24/2026 03:36:09 PM CITY OF MERIDIAN IDAHO $0.00 Electronically Recorded City of Meridian WARRANTY SURETY AGREEMENT Meridian Commerce Park-Offsite Water Extension THIS WARRANTY SURETY AGREEMENT is made and entered into this 11 day of June , 20 26 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as CITY, and MERIDIAN BC HOLDINGS, LP, General Partner, By: ATSAW GP, LLC, a Washington limited liability company, General Partner, By: AT GP/M LLC, a Washington limited liability company, Manager, hereinafter referred to as DEVELOPER. WITNESSETH: WHEREAS, DEVELOPER received approval from the CITY on May 29, 2026, of the construction plans ("Construction Plans"), for the development known as Meridian Commerce Park-Offsite Water Extension ("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 11-5C-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 — Meridian Commerce Park-Offsite Water Extension — Page i Instrument # 2026-046064 06/24/2026 03:36:09 PM Page 2 of 5 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 $48,731.83 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 — Meridian Commerce Park-Offsite Water Extension — Page 2 Instrument # 2026-046064 06/24/2026 03:36:09 PM Page 3 of 5 IN WITNESS WHEREOF, the parties shall Cause this Warranty Surety Agreement to be executed by their duly authorized ofticers the day and year first above written. STATE OF IDAI-10 ss. County of Blaine MERIDIAN BC HOLDINGS. LP: By: ATSAW GP, LLC a Washington limited liability company Its: General Partner By: AT GP/M LLC. a \Washington limited liability company Its: N/lana,er By: Timothy N4. Wolff— Manager On this 1 lay of T U,1ra< 20 Z , before Ale, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Timothy M. Wolff'. known or identified to nle to be the Mana,,cr of' MERIDIAN BC I IOLDINGS, I.P. By: ATSAW GP, LI.,C, a Washington limited liability company, By: AT GP/NI LLC, a Washinton limited liability company, who executeCI this iIlStI-LIIlleIlt oil behalt of said Limited Partnership, and acknowledged to the that SLICK Limited Pai-tllershlp eXeCllted the Sallle. IN WITNESS WHERL:OF, I have iereunto Set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Scutt oes erault My Commission Expires:�>>/z 7 rr1530 —7 f NOTARYPUBLIC ST;i tE OF IDAHO t; r,qy (0MNSSIOti EXPIRES 1012712026 N1'ARI2ANT1' SURE'I'1' AGRIEGiIEN'I'— i\lei•idian Coinnlei-ce P.u-k-Offsite \N'.iter Extension — Pabe 3 Instrument # 2026-046064 06/24/2026 03:36:09 PM Page 4 of 5 Dated: 11 June 2026 CITY OF MERIDIAN: Caleb Hood Deputy Director of Community Development WARRANTY SURETY AGREEMENT — Meridian Commerce Park-Offsite Water Extension — Page 4 Instrument # 2026-046064 06/24/2026 03:36:09 PM Page 5 of 5 1 :c x w 44 0 X w C_ N N E �U C G. Q} Q} C ]) 7 � n S1 U) On (D O O M 00 O O to M W 00 O U) O O W C C7 Z N x O `t' 2 z W ; a N w CB cc w ZCO (A r- O n L d m ZBUJ J LOCD c_ m O 4- O Cl) CD M p Y � 3 LLJ ti C L�OCL o co LL N LO N O w f N � W E U�- r LO E m COU of a N M et N o o M QC� LU � G � Z S � � O m N N E E O U