Warranty Surety Agreement FP 13-015~.
ADA COUNTY RECORDER Christer D. Rich AMOUNT .00 ;
.~ BOISE IDAH01?112113 12:25 PM
DEPUTY Picky Bailey III I'II~IIIIIIIII'I'I~I~'lll'I III'll
RECORDED-REQUEST OF
Meridian City 1 1 3 1 32723
City of Meridian
WARRANTY SURETY AGREEMENT
THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this ~ ~y
of '~.~o~2.v~~f^ , 2013 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 has petitioned the CITY to accept a subdivision plat known
as Messina Meadows Subdivision No. 4, located in the City of Meridian; and
WHEREAS, DEVELOPER has installed all of the required public improvements as
shown on the approved development plans dated the 21st day of June, 2013.
WHEREAS, prior to the CITY's endorsement and recording of said final plat
DEVELOPER must comply with the provisions of the Meridian City Code, which
include but are not limited to the execution of this Development Surety Agreement.
NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and
agreements of the parties, it is hereby agreed as follows:
I. The DEVELOPER agrees that they will correct, repair and maintain all 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 acceptance of such improvements.
2. Upon execution of this agreement, the DEVELOPER shall submit to the CITY a
Warranty Surety in a form approved by the CITY in the sum of $39,807.34 to
provide for correction of any defective materials or workmanship in such public
improvements for a period of two (2) years after final acceptance, as defined in
Meridian City Code §8-6-2. The amount of such surety represents 20% of the
agreed upon amounts from the contractor's final invoice number 3564 from the
DEVELOPER'S contractor, Knife River -Southern Idaho Division.
3. The CITY agrees to accept the completed required subdivision improvements
upon certification by the City Engineer. 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.
WARRANTY SURETY AGREEMENT - MESSINA MEADOWS SUB. NO. 4 -Page 1
/"1
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.
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.:
Y
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
WARRANTY SURETY AGREEMENT - MESSINA MEADOWS SUB. NO. 4 -Page 2
seal the day and year first above written.
^. !'~
.~ ,,.
CITY OF MERIDIAN:
~-~"" ~~
Tammy de Vie" d, Mayor
~~
STATE OF IDAHO )
ss.
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.
County of Ada )
On this '~1 day of ~~2w~-~e~r' 2013, before me, the
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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= Notary
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WARRANTY SURETY AGREEMENT - MESSINA MEADOWS SUB. NO. 4 -Page 3