Saint Ignatius Catholic School Warranty Surety AgreementADA COUNTY RECORDER Christopher D. Rich 2017-084872
BOISE IDAHO Pgs=5 HEATHER LUTHER 09/08/2017 04:23 PM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
WARRANTY SURETY AGREEMENT
Saint Ignatius Catholic School
THI WARNTY SURETY AGREEMENT is made and entered into this day of
U c v' ' , 2011 by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and the Roman Catholic Diocese of Boise, hereinafter referred to
as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on 10/24/2016, of the construction
plans ("Construction Plans"), for the development known as St. Ignatius Catholic 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, 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 and release of the
performance surety upon the execution of this 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 of the CITY have been met and CITY formally accepts such Improvements
in writing, the following shall occur:
WARRANTY SURETY AGREEMENT — SAINT IGNATIUS CATHOLIC SCHOOL — Page 1
A. The DEVELOPER shall submit a written request to the CITY, including:
i. A statement from the DEVELOPER that the required Improvements are
complete and have been constructed in accordance with the City's
Requirements.
B. The DEVELOPER shall submit to the CITY a Warranty Surety in a form
approved by the CITY in the estimated sum of $33,250.18 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, as set forth on Exhibit `B" attached hereto and incorporated
herein. 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 and release the
performance surety 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 — SAINT IGNATIUS CATHOLIC SCHOOL — 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.
County of Ada
ROMAN CATHOLIC DIOCESE OF BOISE:
Charles Lawrence, Director of Finance
On this � day of /¢-.-.r —r*- 20 /-) , before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Charles Lawrence, known or identified to me to
be the Director of Finance, who executed this instrument on behalf of said Roman Catholic Diocese of
Boise, and acknowledged to me that such Corporation 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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t tS N- 'ta ary Public for Icraho
! �••. •. My commission Expires:
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WARRANTY SURETY AGREEMENT — SAINT IGNATIUS CATHOLIC SCHOOL — Page 3
STATE OF IDAHO
ss.
County of Ada
CITY OF MERIDIAN:
By:
Tammy de eer nr
On this day of A, . 20 , before me, the undersigned, a Notary
A
LPublic 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.
SEAL
r � e
••. T'i OF V.
r
A �
Notary Fubfic foCires: aho
My commission �
WARRANTY SURETY AGREEMENT — SAINT IGNATIUS CATHOLIC SCHOOL — Page 4
Exhibit A
q11W..II.ry1..ernternal)
EXHIBIT "A"
SURETY BREAKDOWN
FOR
St. Ignatius Catholic School
Date Compiled: July 25, 2017
Letter of CrediVBond No.:
Issued By: Bruce Freckieton
Expiration Date:
Check No.:
112,851,80 125% $ :141,064.75 $ 141,064.75 $ -
�
C—rdty oevel p ent
Depai—I
r• r
r �
Public Works
2
Sanitary Sewer
125% $
- $
Public Works
3
Water (Internal)
53,399.09 125% $
66,748.86 '$ 66,748.86 $ -
Public Works
5
Water.(011site)
125% $
- $ -
Public Works
'6
Reclaimed Water
125% $
- $ -
Public Works
7
Street Lights
110% $
$ -
iBuilding
8
Landscaping
110% $
- $ -
Planning
9
Pathways
110% $
$
Planning
10
' Fencing
110% $
$
Planning
11
Pressurized irrigation
110% $
- $
Public Works
12
Gravity Irrigation
110% $
- $
Public Works
13
Other: ''
11110% $
- $ -
f14
Other: `.
110% $
- $
`.15
Other: ':
110% $
$
16
Other:
110./ $
$
17
Other: I
I 110% $
- $
TOTAL:
166,250.89 $ 207,813.61 $ 207,813.61 $
WARRANTY SURETY (20% OF LINE ITEMS 1-5) $ 33,250.18
BALANCE TO REMAIN: $