WARRANTY AGREEMENTWARRANTY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS (hereinafter referred to as the “Owner”), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred
to as the “City”) for the approval by the City of a certain site plan review application to be known as Wal-Mart, a copy of which site plan is attached hereto and made a part hereof
as “Exhibit A”, on which said plan are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements;
and
WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth;
and
WHERE, in accordance with the items of RCW 58.17 and Title 17 of the Yelm Municipal Code, the City has adopted regulations which require that all improvements be constructed in a manner
consistent with the City’s development regulations;
Now therefore, TO INDUCE THE city to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree
to and with the City as follows:
1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of signature, the improvements required to be constructed
and dedicated to the public will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach
of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost
to the City.
2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced
pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plan, and the Owner shall be liable to pay and indemnify
the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal
and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions
of this agreement.
3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written
consent of the City.
STATE OF WASHINGTON)
) ss
COUNTY OF THURSTON )
On this day of , 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared that executed
the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed , for the uses and purposes therein mentioned, and on oath stated that he/she/they
was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written.
Given under my hand and seal this ______ day of _____________, 20____.
___________________________________
Notary Public in and for the
State of Washington, residing in
___________________________________
My commission expires:_______________