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STATE OF SOUTH CAROLINA ) WARRANTY
) AGREEMENT FOR STREET
COUNTY OF ________________ ) TREES WITH BOND
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 make certain street tree improvements
by planting street trees (hereinafter referred to as the “Improvements”) in and for
_______________________________________________________________________
Development, Improvements more particularly shown on the street tree and lighting plan
for _____________________________________________________________________
________________________________________________________________________
prepared by _____________________________________________________________
dated ____day of ___________, 20__ (hereinafter referred to as “Street Tree Plan”); 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 the City’s Street Tree Manual, as amended from time to time, 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 ____ years
from the date of acceptance by the City; and
WHEREAS, the City has inspected the Improvements, has approved the Street
Tree Plan, and has accepted the public Improvements as shown on the approved Street Tree
Plan.
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 ____ years from the date of the
acceptance of the above-referenced Improvements by City Council (hereinafter
referred to as the “Warranty Period):
A. Take every reasonable precaution to protect the Improvements from damage by the
elements or from any cause whatsoever at no cost to the City, and;
B. Remove and replace all street trees determined by the City to be diseased, dead,
dying or otherwise not in conformance with the City’s Street Tree Manual which are
or should be discovered during the Warranty Period even if the City performs
for
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repairs, maintenance, removal, and/or replacement due to the defect or defects
before the expiration of the ____ year Warranty Period, in which case the Developer
shall reimburse the City for its costs incurred therefore and;
C. Provide and maintain suitable barricades for the Improvements wherever necessary,
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 or defects 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 repairs, maintenance,
removal, and/or replacement of the Improvements, and;
F. Developer shall not be responsible for damages to the Improvements caused by
utilities or others.
2. If in the sole judgment of the City or its designee, repairs, maintenance, removal, and/or
replacement to the above-referenced Improvements become necessary at any time
during the Warranty Period or after the Warranty Period if the defect or defects are
discovered within the expiration of the ___ year Warranty Period, said repairs,
maintenance, removal, and/or replacement shall be made by the Developer at the
Developer’s expense upon written notice from the City or its designee. Developer shall
take out and remove all inferior or defective Improvements and replace the same with
good and acceptable trees approved by the City as necessary to bring the Improvements
into compliance with the certified Street Tree Plans and the Street Tree Manual
following final inspection and preceding the commencement of the ___ year Warranty
Period. Failure to remedy any defect in the Improvements as requested by the City or
its designee shall extend the Warranty Period until such repairs are completed and
accepted by the City. If the City elects to make such repairs, the Developer shall
reimburse the City for all expenses associated with such repairs no later than thirty (30)
days from demand for reimbursement from the City. Repaired and/or removed and
replaced Improvements shall be warranted for a period of ___ years from the date of
City’s acceptance of the repair and/or removal and replacement of the Improvement(s).
3. If during the ___ year Warranty Period, the City or its designee determines that any of
the Improvements, need emergency repairs, maintenance, removal, and/or replacement
in order to comply with federal, state or local regulations, or if the City or its designee
determines that any Improvements require emergency repairs, maintenance, removal,
and/or replacement in order to protect the public health, safety or welfare, then the City
or its designee may demand in writing of Developer that such repairs, maintenance,
removal, and/or replacement or maintenance be completed within fifteen (15) calendar
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days from receipt of such demand notice from the City. Should the Developer fail to
complete such repairs, maintenance, removal, and/or replacement of such
Improvements within fifteen (15) calendar days of receipt of such demand notice from
the City, then the City may perform such emergency repairs, maintenance, removal,
and/or replacement to the Improvements and Developer shall be responsible for the
costs of any such repairs, maintenance, removal, and/or replacement to the
Improvements performed by the City and shall reimburse the City for all expenses
associated with such repairs, maintenance, removal, and/or replacement no later than
thirty (30) days from receipt of a demand for reimbursement from the City.
4. 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 Street Tree Plan approved by the City and as
verified by an independent cost estimate for 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 a form acceptable by 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 Street Tree Plans
for the Project and to draw against the Warranty Bond to pay for the necessary
repair, maintenance, removal, and/or replacement 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 repairs, maintenance, removal, and/or
replacement to the Improvements and draw against the Warranty Bond to pay for
such repairs, maintenance, removal, and/or replacement in accordance with this
Agreement.
5. During the Warranty Period should the cost of the repairs, maintenance, removal,
and/or replacement to the Improvements exceed the Warranty Bond, the City may
proceed with the repair, maintenance, removal, and/or replacement of the
Improvements and subsequently demand such costs in excess of the Warranty Bond be
paid by the Developer. Should Developer not pay such costs within thirty (30) calendar
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
$0.00
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jurisdiction in Charleston County, South Carolina.
6. The parties hereto shall execute the original agreement with all attached original
exhibits.
7. 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.
8. Developer assures that it is financially stable, solvent and is fiscally capable of
completing any repairs, maintenance, removal, replacement and/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.
I, _________________________________________________, hereby certify that all
Improvements being dedicated to the City has been installed in accordance with the Street
Tree Manual as approved by the City of Charleston.
WITNESSES: DEVELOPER / OWNER
______________________________
Witness #1 Name
______________________________ Date:_____________________
Witness #2
WITNESSES: CITY OF CHARLESTON
______________________________
Witness #1 By: __________________________
Its: __________________________
______________________________ Date:____________________
Witness #2
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