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 Site Plan Review 20100129 and were
required to construct 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 16 and 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 approve said 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
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.
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 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 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 )
ss
COUNTY OF )
On this day of , 2012, before me, the
undersigned, a Notary Public in and for the State of ,
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 , 2012.
Notary Public in and for the
State of _
residing in
My commission expires: