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<br /> Gervais Woods <br /> <br /> Development Contract <br /> 28. Developer warrants all work required to be performed against poor material and <br /> faulty workmanship for a period of one (1) year after its final completion and approval by City. <br /> All landscaping including, but not limited to, trees, shrubs, grass seed, sod, native plantings and <br /> aquatic plantings, if any, be warranted to be alive, of good quality and disease free for twenty- <br /> four (24) months from the time of planting. Any replacements shall be wanranted to be alive, of <br /> good quality and disease free for twenty-four (24) months from the time of planting. Developer <br /> shall post maintenance bonds or other security acceptable to City to secure the warranties. <br /> 29. The action or inaction of City shall not constitute a waiver or amendment to the <br /> provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed <br /> by the parties and approved by written resolution of the City Council. City's failure to promptly <br /> take legal action to enforce this Agreement shall not be a waiver or release. <br /> 30. This agreement shall be binding upon the parties, their heirs, successors or <br /> assigns, as the case may be. All terms and conditions contained herein shall run with the land <br /> and shall bind the Developer, its successors and assigns. <br /> 31. Developer may obtain three (3) building permits for a model homes to be <br /> constructed upon Lot 1, Block 1 within the Gervais Woods plat prior to the completion of the <br /> required improvements. However, Developer acknowledges that City will not issue a certificate <br /> of occupancy for this structure until after the first lift of asphalt is installed on the street surfaces <br /> and other improvements have been substantially completed and approved by the City, including <br /> the sanitary sewer line connection fiom Kohlman Lane to this development. <br /> 32. Outlot B shall be owned by the Developer and maintained in character with the <br /> neighborhood including maintain grass consistent with a "mowed lawn". Outlot C shall be sold <br /> by the Developer to John & Jolene Gores, the adjoining property owner. The Gores will <br /> maintain that property, located within the City of Maplewood, pursuant to Maplewood Code <br /> provisions. Outlot D shall be transferred to Ramsey County in return for another piece of land <br /> contiguous with the storm water pond located on the south portion of Lots I-3, Block 2 of <br /> X39 _ <br /> <br />