20070404 Warranty Agreement 06202014 Return Address
City of Yelm
Tami Merriman
105 Yelm Avenue West
Yelm, WA 98597
Document title(s) (or transactions contained therein):
1. Warranty Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Yelm Creek Apartments, LLC
2. Berg, Kevin, Owner
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
LOT 4,BLOCK 34 OF MCKENNA IRRIGATED TRACTS,AS PER PLAT RECORDED IN
VOLUME 9 OF PLATS,PAGE 34;,records of Thurston County, Washington.
Assessors Property Tax ParceVAccount Number:
64303400400
4392335 Pages: 3
05/20/2014 01:45 PM Agreement
Thurston County Washington
CITY OF YELM
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WARRANTY AGREEMENT
� KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS ��«, �r�< � �-��,� / � � (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 Approval to be known as �
; Creek Road Mixed Use, a copy of which 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 development 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 plan 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 ';
i 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
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 plan, 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 ;
Owner to carry out and execute all provisions of this agreement.
i 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 I�-j� , before me, the
� undersigned, a Notary Public in a d for the State of Washington, duly
; commissioned and sworn, personally appeared i? U i r� �-��'�`C�
; that executed the foregoing instrument, and acknowl dged the sai 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 I� .
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