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Recorded Warranty Agreement 001urn Address of Yelm ti Merriman Box 479 m, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Burnett Road Commercial Park, LLC Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The S % of the N W '/< of the SE '/a of the S W Y< of Section 13, Township 17 North, Range O l East of the W.M., in Thurston County, Washington Assessor=s Property Tax Parcel/Account Number: 2]713340600 ~~ ~~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~~ aaai~ ~aoae oa~ose BURNETT RORO COMM PARK RGR E39.00 TM1Urslon Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS BURNETTE ROAD COMMERCIAL PARK, LLC (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 plat of a subdivision to be known as BURNETTE ROAD COMMERCIAL PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat 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 sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision 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 approve said plat and 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: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat 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. 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 plat, 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 II II II I III I I II II III I II 082619066 ©33~9P BWRNETT RORO CONN PARK RGR $39.00 TM1Urslon Ce. Wa. and contingent costs, together with any damages, either director 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 with9ytprior written consent of the City. STATE OF WASHINGTON) ss COUNTY OF THURSTON ) i!i On this ,.-„~ day of February, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN, Managing Member of BURNETTE ROAD COMMERCIAL PARK, LLC 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 was 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 7~ ,~~day of %/>~ 2006. ,c , II II II I III I I II II II II II ©Bz 6/8 oos 033~9P BIIRNETT RORD COMM PRRK RGR $34.00 TM1Urslon Co. Wa.