Final Acceptance Letter / Warranty Surety Agreement(~ ~\~
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June 7, 2013
Brighton Development, Inc.
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attn: David Turnbull
RE: Paramount Subdivision No. 19 -Final Acceptance
Dear David:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
Installation of this project's sanitary sewer and/or domestic water systems have been
satisfactorily completed in accordance with the approved plans. These systems have passed
the required testing in accordance with City of Meridian Standard Specifications and Drawings,
and therefore are hereby accepted by the City for ownership and normal maintenance.
Record drawings submitted to us for this project are also accepted and are being forwarded to
the Idaho Department of Environmental Quality. The engineer of record is responsible for
certification of the record drawings as to horizontal and vertical location of all public water and
sewer facilities installed.
In accordance with the City of Meridian's Unified Development Code §11-5C-3, and the Public
Works Department' Standard Specifications and Drawings, the installation and materials of the
sewer and domestic water systems are to be warranted against defect by the owner for a period
of two years from the date of this letter.
Sincerely,
u
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Warren Stewart, f~.E.
City Engineer
cc. City Clerk, Water Division, Wastewater Division, File
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ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 06113/13 04:38 PM
.DEPUTY Vicky Bailey I I `! i` i`f!fI !
RECORDED -REQUEST OF ~I ~ ~ ~ ~` ~ ~~ I~ ~ ~~ a 11 ~ II ~E I [ I! Il f ~ I! ~~~
Meridian City 1 1.~'~-1~~~~F-i~~~
City of Meridian
WARRANTY SURETY AGREEMENT
THIS WARRANTY SURETY AGREEMENT is made and entered into this (I day of
~5i ~~Q , 20~ by and between the CITY OF MERIDIAN, a Municipal Corporation,
hereinafter referred to as CITY, and BRIGHTON DEVELOPMENT INC. hereinafter referred to
as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on March 17, 2012, of the
construction plans ("Construction Plans"), for the development known as Paramount
Subdivision No. 19 ("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 posted performance surety with CITY to guarantee the
completion of the Improvements; and,
WHEREAS, DEVELOPER has completed the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian Section 11-SC-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 fuial inspection. Upon certification by the City Engineer that all
VF'ARItANTY SURETY AGREEMENT -PARAMOUNT SUB. NO. 19 -Page 1
requirements of the CITY have been met and CITY formally accepts such Improvements
in ~~riting, 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.
B. The DEVELOPER shall submit to the CITY a .Warranty Surety in a form
approved by the CITY in the estimated sum of $37,841.95 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 2Q% 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.
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
hmprovements.
In construing this Agreement, it is understood that either parry 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 -PARAMOUNT SUB. NO. 19 -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.
BRIGHTON DEVELOPMENT INC.:
By; %~
Blake R. Alder, COO/CFO
STATE OF IDAHO
ss.
County of Ada )
On this _~' i c~ day of 20~, before me, the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Blake R. Alder, known or identified to me to be
the Chief Operating Officer/Chief Financial Officer of BRIGHTON DEVELOPMENT INC., 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
Notary Public for Idaho J
My commission Expires: ~ ~s
A~NlARDA IVICCUFiRY
NQTf~RY PE1BLlC
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Vi'ARRANTY SURETY AGREEMENT -PARAMOUNT SUS. NO. 19 -Page 3
CITY OF MERIDIAN:
./ ,
By.
Tammy de eerd, Mayor
STATE OF IDAHO
County of Ada
ss.
On this day of , ~ ; ~ y~Q 201?, ,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.
SEAL
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WARRANTY SURETY AGREEMENT -PARAMOUNT SUB. NO. 19 -Page 4