Meridian High School Phase 5ADA COUNTY RECORDER Christopher D. Rich 2017-081320
BOISE IDAHO Pgs=3 CHE FOWLER 08/30/2017 08:35 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY WAIVER AGREEMENT
Meridian High School Phase 5
THIS WARRANTY SURETY WAIVER AGREEMENT is made and entered into this day
of , 20_1_ by and between the CITY OF MERIDIAN, a Municipal
Corporatio , hereinafter referred to as CITY, and JOINT SCHOOL DISTRICT NO. 2, dba
WEST ADA SCHOOL DISTRICT, an Idaho school district and body politic and corporate of
the State of Idaho, hereinafter referred to as DISTRICT.
WITNESSETH:
WHEREAS, DISTRICT received approval from the CITY on May 6, 2015 Onsite Construction
Plans, respectively and collectively ("Construction Plans"), for the project known as Meridian
High School Phase 5 ("School Project") 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, DISTRICT has completed the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian Section 11-5C-3 would
otherwise require that the DISTRICT 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, in furtherance of mutual partnerships, CITY and DISTRICT have entered into an
interagency agreement for mutual waiver of certain costs and fees because both entities serve
largely the same constituencies, comprised of the same taxpayers; and
WHEREAS, the City's warranty surety requirement was not included under the existing fee
waiver agreement, however the CITY believes that it is in the best interest of the DISTRICT and
CITY taxpayers to forgo the requirement for the DISTRICT to deposit with the CITY the
monetary twenty percent of the cost of improvements for a period of two years; and
WHEREAS, The intent of CITY's warranty surety requirement has been fulfilled because
DISTRICT and its contractors have demonstrated the ability to guarantee the materials and
workmanship of public infrastructure to assure that City taxpayers do not become responsible for
repairs or restoration during the warranty period of the installed infrastructure; and
WARRANTY SURETY WAIVER AGREEMENT — MERIDIAN HIGH SCHOOL PHASE 5 — Page 1
WHEREAS, the CITY is agreeable to acceptance of the improvements upon the execution of this
Agreement and compliance by the DISTRICT with the terms and conditions contained herein.
NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements
of the parties, it is hereby agreed as follows:
1. The DISTRICT 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. The CITY agrees to accept the Required Public Improvements. Such certification is not
intended to relieve DISTRICT or any contractor or material supplier of their
responsibility for any defects in materials or workmanship of such Improvements.
3. DISTRICT shall not assign any portion of this Agreement or any privilege here under,
either voluntarily or involuntarily, without the prior written consent of the CITY, which
consent shall not be unreasonably withheld.
4. In the event DISTRICT fails or neglects to perform its obligations under the terms and
provisions of this Agreement in the time and manner required herein, CITY shall be
entitled to all remedies available at law or in equity.
Should either party find it necessary to employ an attorney for representation in any
action seeking enforcement of any provision of this Agreement, or to recover damages
for breach of this Agreement, or to resolve any disagreement as to the interpretation of
this Agreement, the unsuccessful party in any final judgment or award entered pursuant
to such action shall reimburse the prevailing party for all reasonable costs, charges and
expenses, including attorneys' fees expended or incurred by the prevailing party in
connection therewith and in connection with any appeal, and the same may be included in
such judgment or award. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this
Agreement.
6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Idaho and the ordinances of the City of Meridian.
7. If any part of this Agreement is held to be invalid or unenforceable, such holding will not
affect the validity or enforceability of any other part of this Agreement so long as the
remainder of the Agreement is reasonably capable of completion.
8. This Agreement shall not become effective or binding until approved by CITY.
WARRANTY SURETY WAIVER AGREEMENT — MERIDIAN HIGH SCHOOL PHASE 5 — Page 2
IN WITNESS WHEREOF, the parties shall cause this Development Surety Agreement to be
executed by their duly authorized officers the day and year first above written.
STATE OF IDAHO
SS.
CITY OF ME N:
By.
Tammy e eerd, Vayor
County of Ada )
On this "%� day of �u0� kk 't 20�1, before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Tammy de Weerd, known or identified to me to
be the Mayor of the City of Meridian, Idaho and who subscribed her name to 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.
SEA
.lip
•
0 T ; Notary Public f Idaho
My commission Expires: ,
• �+' (', , ' : WEST ADA SCHOOL DISTRICT
IDN 000
By: AIMM L L
Dr. Ma Ann Ranells, Superintendent
STATE OF IDAHO )
SS.
County of Ada )
On this day of 200, before me, the undersigned, a Notary
Public in and for the State of Idah , pers nally appeared Dr. Mary Ann Ranells, known or identified to
me to be the Superintendent of the West Ada School District, and who subscribed their name to the within
instrument and acknowledged to me that the West Ada School District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
imbabiwe written.
0
IT%tary Public for Idaho
My commission Expires: ,7• Cn
� e'6000.0� � �d
WARRANTY SURETY WAIVER AGREEMENT — MERIDIAN HIGH SCHOOL PHASE 5 — Page 3
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