HomeMy WebLinkAboutReimbursement Agreement Closeout with Oak Leaf Development and Bent Fender LLC for Sanitary Sewer Repair Treehaven Subdivision~~i~E IDIAN~--
Public IDAHO
Works Department
T0: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Dolsby, P.E.
Assistant City Engineer
Mayor Tammy de Weerd
Ci~y CoWneil Member:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
DATE: June 10, 2011
SUBJECT: CLOSEOUT OF THE REPAIR AND REIMBURSEMENT AGREEMENT
TO REPAIR SANITARY SEWER SYSTEM FOR TREEHAVEN
SUBDIVISION
Treehaven has completed the warranty repairs of the sanitary sewer system for the Treehaven
Subdivision outlined in the repair and reimbursement agreement executed by the City in October
of 2010. As a part of their closeout procedures outlined in the agreement, Treehaven is required
to "complete all paperwork to assign to City the contractor's one year warranty of the work and
materials on the proj ect." The attached "Assignment of Construction Warranties" fulfills this
requirement.
Public Works requests the attached "Assignment of Construction Warranties" be executed by the
Mayor. This completes the closeout of this project.
Page 1 of 1
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 01/14111 10:48 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II II
Meridian City 1110562?4
ASSIGNMENT OF CONSTRUCTION WARRANTIES
THIS ASSIGNMENT OF CONSTRUCTION WARRANTIES ("Assignment") is made effective
the ~ day of .e, 2011 ("Effective Date") between OAKLEAF
DEVELOPMENT COMPANY, INC., an Idaho corporation and BENT FENDER LLC, an Idaho
limited liability company, ddb/a TREEHAVEN, hereinafter called TREEHAVEN, ("Assignor"),
and CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, ("Assignee").
Assignor and Assignee may be referred to herein as a "Party" or "Parties", as the case maybe.
Assignor hereby conveys, assigns, nominates and transfers, without recourse, to
Assignee, its successors and assigns, all of Assignor's warranties and guaranties, if any,
contained in the construction agreement, general conditions, plans or specifications,
supplementary general conditions, and all .other related documents identified on Exhibit A
attached hereto and incorporated herein ("Construction Documents") expressed or implied, by
statute or contract, as the same relate in any way to the construction of the improvements
identified in the Construction Documents. This assignment is made for the sole purpose of
transferring to Assignee all of Assignor's rights so identified or nominating Assignee to make
claim under any identified right that is not transferable.
Effective as of the Effective Date, Assignee hereby accepts and agrees to perform all of
the terms, covenants and conditions of the warranties required to be performed by Assignor from
and after the Effective Date.
Assignor and Assignee agree to execute such other documents and perform such other
acts as may be necessary or desirable to effectuate this Assignment.
[end of text
ASSIGNMENT OF CONSTRUCTION WARRANTIES-1
Assignment of warranty
IN WITNESS WHEREOF, the Parties hereto have caused this Assignment to be signed
effective as of the Effective Date.
ASSIGNOR:
OAKLEAF DEVELOPMENT COMPANY,
BENT FENDER LLC
By:
Doug s K. Carnahan
Its: President
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ASSIGNEE:
CITY OF MERIDIAN
By:
Its: Manager, O'Neill Enterprises,
LLC, by Derick O'Neill, Manager
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ASSIGNMENT OF CONSTRUCTION WARRANTIES- 2
Assignment of Warranty
State of Idaho )
County of Ada )
On this day of , in the year 2011, before me, a Nota
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Public in and for said County and State, pe so lly appeared Douglas K. Carnahan, known or
identified to me to be the President of the corporation that executed the instrument or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and seal, the day and year in this
certificate first above written.
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On this day of ,2011, before me, the undersigned, a
Notary Public in and for said State, ersonally appeared Derick O'Neill, known or identified to
me to be a manager of the limited liability company of who subscribed said name to the
foregoing instrument, and acknowledged to me that he executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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ASSIGNMENT OF CONSTRUCTION WARRANTIES- 3
Assignment of Warranty
STATE OF IDAHO )
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County of Ada )
On this o~~ da of 2011 before me the undersi ed a
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Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE
HOLMAN, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who
executed the within instrument and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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EXHIBIT A
(A) INVITATION TO BID AND INSTRUCTION TO BIDDERS -October 8, 2010
(B) BIDDER'S PROPOSAL- October 22, 2010
(C) BID SCHEDULE -October 22, 2010
(D) AGREEMENT -October 22, 2010
(E) NOTICE OF AWARD -October 27, 2010
(F) NOTICE TO PROCEED -October 27, 2010
(G) APPLICATION FOR PAYMENT- October 8, 2010
(H) GENERAL REQUIREMENTS -October 8, 2010
(I) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT -
October 8, 2010
(J) SUPPLEMENTAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -October 8,
2010
(K) CONSTRUCTION DRAWINGS - (Prepared by RiveRidge Engineering Company) -October 8,
2010
(L) ADDENDA:
No. l -October 15, 2010
No. 2 -October 20, 2010
No. 3 -October 21, 2010
No. 4 -October 21, 2010
(M) CONTRACTORS PROJECT SCHEDULE -October 22, 2010
ASSIGNMENT OF CONSTRUCTION WARRANTIES- 5
Assignment of Warranty