This Warranty Agreement is made and entered into this ____ day of ____________20__,
by and between the City of Charleston, a municipal corporation organized under the laws of the
State of South Carolina (hereinafter referred to as “the City”), and
hereinafter referred to as Developer”) with its principal place of business being
WHEREAS, Developer has undertaken to develop and construct certain public
infrastructure, including, but not limited to, streets, sidewalks, curbing, gutters, and drainage
structures (hereinafter referred to as the “Improvements”) in and for
Development, Improvements more particularly shown on the final as built plans entitled
prepared by _______________________________ dated ______day of ______________, 20__
(hereinafter referred to as “As Builts”); and
WHEREAS, Developer wishes to have the above said Improvements dedicated to the
public and accepted by the City for maintenance. These Improvements have been built in
accordance with City standards, and a condition of the City accepting the Improvements for
maintenance is that the Developer agrees to assume warranty responsibility for these
Improvements for a period of two years from the date of acceptance. The date of acceptance shall
be the date of a complete Final Inspection by the City accepting all the Improvements without
further action required by the developer or 30 days after submission of a complete dedication
package which has been approved in its entirety by the Public Service Department, which ever
event occurring first being the date of acceptance; and
WHEREAS, the City has inspected the Improvements, has approved the Final Plat, and is
recommending to City Council the acceptance of the public Improvements as shown on the
approved As Builts.
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NOW THEREFORE, for and in consideration of having the Improvements accepted by
the City, and for other good and sufficient consideration, the receipt of which is hereby
acknowledged by the parties hereto, Developer enters into this Agreement with the City,
guaranteeing that Developer shall comply with the following requirements regarding the
Improvements as follows:
1. Developer warrants that it shall, for a period of two years from the date of the acceptance of
the above-referenced Improvements (hereinafter referred to as the “Warranty Period):
A. Take every reasonable precaution to protect the Improvements from damage by avoidable
harm; Developer shall not be responsible for damages to the Improvements caused by
utilities or others.
B. Repair and correct all defects, including latent defects, in the Improvements on account of
workmanship or materials or otherwise at no cost to the City which are or should be
discovered during the Warranty Period, and;
C. Provide all traffic control and safety measures, including but not limited to police officers,
flaggers and advance warning signs in accordance with the latest version of the Manual on
Uniform Traffic Control Devices (MUTCD) at his or her own expense, and;
D. Save and hold harmless the City, its officers, agents and employees from any and all claims
for damage to persons or property or death, including legal fees and costs associated
therewith, sustained as a result of any defect in the Improvements or lack of maintenance
thereof or any negligent act or omission by the Developer, its employees, agents, contractors
and subcontractors arising out of this Warranty Agreement, and;
E. Save and hold harmless the City, its officers, agents and employees from any and all claims
for damage to persons or property or death, including legal fees and costs associated
therewith, occurring during any Developer repair of a defect or maintenance of the
Improvements, and;
2. If in the sole judgment of the City Engineer or her designee, repairs to the above-referenced
Improvements become necessary as a result of a defect at any time during the Warranty Period
or after the Warranty Period if the defect or defects are discovered within the expiration of the
two-year Warranty Period, said repairs shall be made by the Developer at the Developer’s
expense upon written notice from the City Engineer or her designee. Developer shall take out
and remove all inferior or defective work and materials found in any of the Improvements and
replace the same with good and acceptable materials approved by the City to bring the
Improvements into compliance with the As Builts. Repaired Improvements shall be warranted
for a period of two years from the date the Repaired Improvements are accepted by the City
3. If Developer fails to make repairs within 60 days of receipt the City’s written notice, the City
may elect to make such repairs, the Developer shall reimburse the City for all expenses
associated with such repairs no later than forty-five (45) days from demand for reimbursement
from the City.
4. If during the two-year Warranty Period, the City Engineer or her designee determines that any
of the Improvements, including drainage improvements need emergency maintenance in order
to comply with federal, state or local water quality regulations, or if the City Engineer or her
designee determines that any street or drainage or other infrastructure Improvements require
emergency repairs in order to protect the public health, safety or welfare, then the City
Engineer or her designee may demand in writing of Developer that such repairs or maintenance
be completed within fifteen (15) calendar days from receipt of such demand notice from the
City. Should the Developer fail to complete such maintenance or repairs of such Improvements
within fifteen (15) calendar days of receipt of such demand notice from the City, then the City
may perform such emergency maintenance or complete such emergency repairs to the
Improvements and Developer shall be responsible for the costs of any such repairs or
maintenance to the Improvements performed by the City and shall reimburse the City for all
expenses associated with such repairs no later than forty-five (45) days from receipt of a
demand for reimbursement from the City.
5. As a condition of this Agreement, the Developer shall provide a bond, attached hereto and
incorporated herein as Exhibit A, in a form acceptable to the City for the benefit of the City
(hereinafter the “Warranty Bond”). The Warranty Bond shall contain the following terms:
A. The amount of the Warranty Bond shall be ________Dollars and ___/100 ($_________),
which represents ten percent (10%) of the cost of the constructed Improvements as shown
on the As Builts approved by the city engineer and as verified by an independent cost
estimate for the construction of the Bonded Improvements prepared
by______________________, attached hereto and incorporated by reference herein as
Exhibit B. The Warranty Bond shall either be provided by a reputable Federal Treasury
Department approved bonding company with at least a rating of A minus or in another
form acceptable to the City.
B. The Developer shall authorize the City to draw against the Warranty Bond upon
presentation of a statement signed by an authorized officer of the City that the Developer
has failed to maintain or repair the Improvements as required under this Agreement.
C. In the event the City performs maintenance or repairs to the Improvements, the Developer
hereby agrees to give the City access to the approved As Built drawings for the Project and
to draw against the Warranty Bond to pay for the necessary maintenance or repairs to the
Improvements. If necessary, the Developer shall cause the Warranty Bond to be extended
by the Surety of the Warranty Bond, in order to provide the Surety or the City with
sufficient time in which to complete the maintenance or repairs to the Improvements and
draw against the Warranty Bond to pay for such maintenance or repairs in accordance with
this Agreement.
6. During the Warranty Period, should the cost of the maintenance or repairs to the Improvements
exceed the Warranty Bond, the City may, after providing a written demand for repairs pursuant
to Section 3 above, proceed with the repairs or maintenance of the Improvements and
subsequently draw upon the Warranty Bond and demand such costs in excess of the Warranty
Bond be paid by the Developer. Should Developer not pay such costs within forty-five (45)
days of the City’s written demand therefor, the City shall be entitled to recover such costs from
the Developer, including attorney’s fees and costs, in a court of competent jurisdiction in
Charleston County, South Carolina.
7. The parties hereto shall execute the original agreement with all attached original exhibits. The
original shall be filed in the office of the Clerk of Council for the City of Charleston.
8. Developer agrees that during the Warranty Period, Developer shall advise the City in writing
of any change in its address, contact information or corporate status.
9. Developer assures that it is financially stable, solvent and is fiscally capable of completing any
repairs, maintenance or other work to the Improvements that may become necessary pursuant
to the terms of this Warranty Agreement.
IN WITNESS WHEREOF, the City of Charleston, South Carolina, and Developer have hereunto
set their respective hands and seals the day and year hereinafter set forth.
Witness #1 Name
______________________________ Date:_________________________
Witness #2
Witness #1 By: Laura Cabiness
Its: Public Service Director
Witness #2
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