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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 S~' 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, ss. -1~- 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. e'~' 1 i 1[19`7 a t''9 ~~~` f R ~,A~ ~.,t use SEAL a°~ ~ n,~,~~5~~~~ ^l~,/ a ~ ,~, c ~ r , ~ F~ ~ d~ ~ m Not ~t `~, '~ My ~~~®®as~a:alyl iQ'~or Idaho // ~( ~~r ~ d i cam.. TG~ a 1~.0 sion Expires: ~ - S -20 13 CITY OF MERIDIAN: By: Tammy d erd, Mayor STATE OF IDAHO, County of Ada, ss. ~ Sf 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 •nuu~p~~I ~.. • ~ ~~~ kQ~,~ti• Notary Public for I aho - ,,,~ p7~ y •••; Residing at: ~ '~~ / /, ~ ~~' ~' = My commission xpires: ~/ - / - ZO/ ~ ~wrw ~ J- pUBL1C :' ~' O .,,_ O~ tV _..• E IDIAN ~ ;~„ . 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.