Meridian Final Acceptance / Development Surety Agreement~E IDIZ IAN-~-
IDAHO /
October 21, 2013
Mr. David Turnbull Mr. Richard Brown
Brighton Development Inc. Brown Construction, Inc.
12601 W. Explorer Drive, Suite 200 P.O. Box 495
Boise, Idaho 83713 Nampa, Idaho 83653-0495
RE: Paramount Subdivision No. 22 -Final Acceptance
Dear Mr. Turnbull:
~P 13~D~
MayorTammy 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 has 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.
cc. City Clerk
PW -Water Division
PW -Wastewater Division
PW -Construction Division
File
DEQ
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City Engineer
ADA COUNTY RECORDER Chri:tepher D. Rich AMOUNT .00 I
BOISE IDAI~ 05JZ9l13 09:57 AM
OEPUrY Bonnie Oberbilip `Il „III'II~I'IIII'llflll'I'I") II'I~
RECORDED-REQU~T OF i 13058509 I
Meridian City
City of Meridian
DEVELOPMENT SURETY AGREEMENT
.,a
THIS EVELOPMENT SURETY AGREEMENT is made and entered into this ZZ 3ay of
~ 2413 by and between the CITY OF MERIDIAN, a Mutucipal Corporation,
hereinafter referred to as CITY, and BRIGHTON DEVELOPMENT INC. hereinafter referred to
as DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER received approval from the CITY on May 13, 2013, of the
construction plans {"Construction Plans"), for the development known as Paramount
Subdivision No. 22 ("Subdivision Plat's located in the City of Meridian, which Construction
Plans include unprovements 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 f nal plat prior to the installation of the Improvements; and
WHEREAS, the Unified Development Code of the City of Meridian, Section 11-SC-I through
11-SC-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 if the Improvements
aze 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:
1. 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
DEVELOPMENT SURETY AGREEMENT -PARAMOUNT SUB. N0.22 -Page 1
is 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 ogees that all said Improvements shall be completed on or before the
12~' day of April, 2014, and that the DEVELOPER will correct, repair and maintain alI
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 Beater 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
$645,248.97. 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'/0 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.
B. The DEVELOPER shall submit to the CITY aWarranty -Surety in a form
approved by the CITY in the estimated sum of $58,246.50 to provide for
correction of any defective materials or workmanship in such Required Public
DEVELOPMENT SURETY AGREEMENT -PARAMOUNT SUB. N0.22 -Page 2
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 -PARAMOUNT SUB. N0.22 -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.
BRIGHTON DEVELOPMENT INC.:
By:
David .Turnbull
STATE OF IDAHO
County of Ada
ss.
On this day of 20~, before me, the undersigned, a Notary
Public in and for the State of Idaho, personally ppeared David W. Turnbull, known or identified to me to
be the President 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
A#1tIANDA IU1GCt1RRY NO Pu lic for Idaho
NQTARY PUBl..IG My mmission Expires: ~ Zd 1
STATE QF IUAhp
DEVELOPMENT SURETY AGREEMENT -PARAMOUNT SUB. N0.22 -Page 4
CITY OF MERIDIAN:
By:
STATE OF IDAHO )
. ss.
County of Ada )
On this ?Z day of I~avt 2013, 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 tPn.
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DEVELOPMENT SURETY AGREEMENT -PARAMOUNT SUB. N0.22 -Page 5