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Final Acceptance Letter/Warranty Surety AgreementDIAN E I ~r June 7, 2013 Brighton Development, Inc. 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attn: David Turnbull Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree ~n`~ David Zaremba ~~ RE: Paramount Subdivision No. 20 -Final Acceptance Dear David: 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 Specificafions 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. S'no1erely, /1%~- Warren Stewart, P.E. City Engineer cc. .; Water Division, Wastewater Division, File DEQ Public V#lorics Department = 33 E Sroadw~y Ave, Suite 2©0, Meridian, ID 83642 ns__...... Ana ona~etnrs C.,.. ')(1S?4CS~ C1~~'! _ nan:r rnorirle~nri~ii nrn ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06/13/13 04:38 PM DEPUTY Viciry Bailey II~ I~II~III'IIII'I`~IIIIII'I'I~I'I'I~ RECORDED-REQUEST OF I t Meridian City ~i i ~~~r.E.~~._~~ City of Meridian WARRANTY SURETY AGREEMENT THIS WARRANTY SURETY AGREEMENT is made and entered into this day of Jv n-e- , 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 July 23, 2012, of the construction .plans ("Construction Plans"), for the development known as Paramount Subdivision No. 20 ("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 WI~REAS, 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: I _. 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 re~.diness for final. inspection. Upon certification by the City Engineer that all WARRANTY SURETY AGREEMENT -PARAMOUNT SUB. N0.20 -Page 1 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. B. The DEVELOPER shall submit to the CITY a Warranty Surety in a form approved by the CITY in the estimated sum of $6,074.20 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 CTI'Y 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 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. R'ARRANTY SURETY AGREEMENT -PARAMOUNT SUB. N0.20 -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 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 ' (' ~s / 2~ ~~ LJ My commission Expires: 7 WARRANTY SURETY AGREEMENT -PARAMOUNT SUB. N0.20 -Page 3 CITY OF MERIDIAN: By: Tammy de eerd, Mayor STATE OF IDAHO ) ss. County of Ada ) On this f I day of , ~, ; ~~~ 20 (~, 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. seseeee .•car~~CA `~Q~'. ,~s ~. e ~ ~f1~• No Public for Idaho r s 1~ ,% ; My commission Expires: > >i1~_ ~ ~ ~~ 1 a :`'~~`•'~~BLIG o ••'g '~: e~ees~s~ WARRANTY SURETY AGREEMENT -PARAMOUNT SUB. N0.20 -Page 4