20070235 Warranty Agreement 09172013 �---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------;
WARRANTY AGREEMENT i
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; KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS Mountain Terrace Builders 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 Fairway Estates, 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
; specifications 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:
; 1. 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.
; 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 plat, and the Owner shall be liable to
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� 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 I
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.
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; 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 , 2p
Notary Public in and for the
State of Washington, residing in
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My commission expires:
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