Stapleton Subdivision No. 1ADA COUNTY RECORDER Phil McGrane 2020-151435
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/06/2020 09:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
City of Meridian
DEVELOPMENT SURETY AGREEMENT
Stapleton Subdivision No. 1
TA
THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this � day of
MOVeat, — , 20.20 by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and C17 LLC., hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on December 17, 2019, of the
construction plans ("Construction Plans"), for the development known as Stapleton Subdivision
No. 1 ("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 petitioned the CITY to accept the Subdivision Plat and execute
the final plat prior to the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian, Section 11-5C-1 through 1I-
5C-4 and applicable ordinances and laws of the CITY require that the DEVELOPER execute and
File with the CITY an agreement providing for, among other things, the period within which all
required improvements shall be made within said Subdivision and that if the Improvements are
not completed within the period specified, the CITY may complete the same and recover the full
cost and expense thereof from the DEVELOPER; and
WHEREAS, the CITY is agreeable to acceptance and filing of said Subdivision Plat 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:
The DEVELOPER agrees to install all of the Required Public Improvements and bind
themselves to use such materials and to so construct all of the Improvements in compliance
with Construction Plans and all applicable City ordinances and State Codes and in a manner
acceptable to the CITY (hereinafter "City's Requirements").
2. The DEVELOPER agrees to restore at no cost to the CITY any monument erected or used
as a survey marker or boundary of any tract, plat or parcel of land which monument is
DEVELOPMENT SURETY AGREEMENT — Stapleton Subdivision No. 1— Page 1
broken down, damaged, obliterated, removed or destroyed, whether willfully or not, by the
DEVELOPER, or the agents, employees or contractors of the DEVELOPER.
3. The DEVELOPER agrees that all said Improvements shall be completed on or before
September 30, 2021, and that the DEVELOPER will 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. The DEVELOPER agrees that if they
abandon the Improvements, fail to make satisfactory progress on the Improvements, or
fail to complete the Improvements by the date specified, the CITY may cause the
Improvements to be completed by another person under contract, by its own forces, or
both and that DEVELOPER hereby grants a License for such purposes. The
DEVELOPER shall be jointly and severably liable to the CITY for any and all loss and
damage from such abandonment or failure, either from the greater expense of so
completing or repairing faulty or damaged Improvements, or from any other cause related
to DEVELOPERS failure to complete the Improvements, which expense shall not be
limited by any surety.
4. Upon execution of this Agreement, the DEVELOPER shall deliver to CITY a performance
surety (Irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit)
("Performance Surety") for the purpose of assuring DEVELOPER'S full and faithful
completion of the required Improvements as shown on the Construction Plans. The
amount of the Performance Surety for the Improvements shall be the sum of $774,235.93
as set forth on Exhibit "A" attached hereto and incorporated herein. The amount of such
Performance Surety is based upon 125% of an itemized contractor's bid for the
completion the Required Public Improvements, and 110% of all other Required
Development Improvements. CITY'S acceptance of such assurance shall not be
construed as a limitation on the amount which may be spent on completion of the
Improvements.
5. At such time as all Required Public Improvements have been completed in accordance with
the CITY'S requirements, 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:
A. The DEVELOPER shall submit a written request to the CITY to release the
Performance Surety, including:
i. A statement from the DEVELOPER that the required Improvements are
complete and have been constructed in accordance with the City's
Requirements, and
ii. Two (2) hard copy sets, and one electronic copy of as -built plans.
iii. A final accounting of the finished costs of the Required Public
Improvements, substantiated by billing invoicing from the contractor(s)
performing the work.
DEVELOPMENT SURETY AGREEMENT — Stapleton Subdivision No. 1— Page 2
B. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved
by the CITY in the estimated sum of $78,608.54 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 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.
6. The CITY agrees to accept the Required Public Improvements upon certification by the
City Engineer
A. 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.
7. 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.
DEVELOPMENT SURETY AGREEMENT — Stapleton Subdivision No. 1— Page 3
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.
C17 LLC:
By: AAA1 Z
Jim Conger, M bet - Ll
STATE OF IDAHO )
ss.
County of Ada ) j
On this day of ¢t;i 9 , 20ZO before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Jim Conger, known or identified to me to be the
Member of C17 LLC., who executed this instrument on behalf of said Corporation, 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.
SEAL
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DEVELOPMENT SURETY AGREEMENT — Stapleton Subdivision No. 1— Page 4
CITY OF MERIDIAN:
By:
RoKert E.Si son, ayor
STATE OF IDAHO )
. ss.
County of Ada )
On this � , day of z; `'1AV) , 20e - before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Robert E. Simison, known or identified to me to
be the Mayor of the City of Meridian, Idaho and who subscribed his 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
On Osman*, 0
COMMISSION
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Notary pblic for Idaho
MY commission Expires:
DEVELOPMENT SURETY AGREEMENT — Stapleton Subdivision No. I — Page 5