20150212 Warranty Agreement 02152017return Address
'ity of Yelm
'ami Merriman
05 Yelm Avenue West
'elm, 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. Tyler Terrace
2. Mountain Terrace Builders, LLC
3. Kempinski, Michael, Member
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)
Portion of SW t/4 of the NW 1/4 Section 19, Township 17N, Range 2 E
Assessors Property Tax Parcel/Account Number:
22719230400
4549545 pages: 3
02/15/2017 09 37 AM Agreement
Thurston County Washington
MOUNTAIN TERRACE BUILDERS, LLC
mill V0 IXR 019600111AMLIVII IMR111I II
WARRANTY AGREEMENT
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 TYLER
TERRACE, 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:
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
pay and indemnify the City, upon completion of such construction, the
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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.
MOUNTAIN TERRACE BUILDERS, LLC,
A Washington Limited Liability Company
By: ___2
Michael Kempinski, Member
STATE OF WASHINGTON}
}s.s.
COUNTY OF Pierce }
I certify that I know or have satisfactory evidence that
Mceho,P 1 he n s�� is the person who appeared
before me, and said person acknowledged that Gtl _ signed this
instrument, on oath stated that l_ was authorized to xecute the foregoing
instrument and acknowledged it as ana�a evn r _
I�,t Q-1 {��
of t_ eun ain �lp_fr�ace %Aalers. LAC to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Given under m hand and official seal this day
of a ,ev►ti 7 , 20�
Notary PLoc in and for the State of Washington,
Printed name: DEBBERA L HIRTLER
residing at: c
My commission expires: 0q.1q • 1q
fill I
/10 1110, WA
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