WARRANTY AGREEMENTWARRANTY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS Tahoma Terra Holding, 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 Tahoma
Terra Phase 2, Division 2, 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 18 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
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.
Signature Title
STATE OF WASHINGTON)
) ss
COUNTY OF )
On this day of , 2018, personally appeared before me to me known to be the of Tahoma Terra Holdings
LLC and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed on behalf of themselves or as corporate officers
of the named corporation with the full authority, for the uses and purposes herein mentioned.
WITNESS my hand and official seal this day of 2018.
Given under my hand and seal
this ______ day of _____________, 2018.
___________________________________
Notary Public in and for the
State of Washington, residing in
___________________________________
My commission expires:_______________