Whitehawk Subdivision (aka Camp Bow Wow) Development Surety AgreementADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO
BOISE IDAHO 02107!13 01:23 PM
DEPUTY Gail Garrett
RECORDED-REQUEST OF III IIIIIIIIIIIIII~IIIIII III'lll II II
Meridian City i 13Q 141 ~6
City of Meridian
DEVELOPMENT SURETY AGREEMENT
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THIS DEVELOPMENT SURETY AGREEMENT is made and entered into this day
of ~{,fp-!2(~C~,w- , 20 13 by and between the CITY OF MERIDIAN, a Municipal
Corporation, hereinafter referred to as CITY, and GGR, LLC hereinafter referred to as
DEVELOPER.
WITNESSETH:
WHEREAS, DEVELOPER has petitioned the CITY to accept a subdivision plat known
as WHITEHAWK SUBDIVISION, located in the City of Meridian; and
WHEREAS, the CITY agrees to the endorsement of said final plat and its subsequent
recording, upon the execution of this Agreement and compliance by the DEVELOPER
with the provisions of the Meridian City Code.
NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and
agreements of the parties, it is hereby agreed as follows:
The DEVELOPER has satisfactorily installed all of the required public
improvements as shown on the approved development plans dated the 14th day of
September, 2012, with the exception of the deficient items identified in the
January 16, 2013 letter from CITY Public Works Inspector Murray Jones. Said
letter grants to the DEVELOPER 90 days to satisfactorily complete the identified
repairs, and specifies that the final certificate of occupancy for Camp Bow Wow
will also be withheld as a contingency of completing said repairs. To guarantee
the completion of the repairs, the DEVELOPER has also posted a cash surety in
the amount of $1,353.00, which represents 110% of his contractor's written bid to
complete said repairs.
2. 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.
3. 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 $3,251.40 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 9404 from the
DEVELOPER'S contractor.
4. The CITY agrees to accept the completed required subdivision improvements
upon certification by the City Engineer following the satisfactory completion of
the required repairs of the noted deficient items. 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.
5. In construing this Agreement, it is understood that either party maybe 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.
DEVELOPER: GGR, LLC
By:
Robert Runyan, Memb
STATE OF IDAHO,
County of Ada,
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On this ~°I _ day of ~Q,,,«,~.,,.N 2013, before me, the
undersigned, a Notary Public in and for the State oho, personally appeared Robert
Runyan, known or identified to me to be the Member of GGR, LLC who executed this
instrument on behalf of said limited liability company and acknowledged to me that such
limited liability company executed the same.
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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CITY OF MERIDIAN:
By:
Tammy d erd, Mayor
STATE OF IDAHO,
County of Ada,
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On this / day of 20~, before me, the
undersigned, a Notary Public in and for the Sta 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 their 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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Community Development
Department
Community Development Dept.
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
MEMORANDUM
January 29, 2013
To: Mayor DeWeerd
From: Bruce Freckleton
Re: Whitehawk Subdivision (aka Camp Bow Wow) -Development Surety Agreement
Mayor,
Attached is the original of the Development Surety Agreement for White hawk Subdivision
which has been executed by the developer. This agreement and surety is a requirement of the
new Warranty Surety Program. I have worked with Bill Nary on the development of the
agreement form, and am sending this to you now for your signature. The agreement will be
recorded, and therefore Bill said we need to have your signature notarized. He also said that
this agreement doesn't have to go to Council, and that your signature was all that was required.
We have received all of the financial sureties noted in the agreement.
Please let me know if you have any concerns or questions.
Thank you,
Bruce--
PS Please return the executed agreement back down to me and I will shepherd it on
through the process.