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The Preserve Development Contract 27. Developer shall comply with the Little Canada Landscaping Ordinance, including the creation of a pond planting plan that meets with the approval of Ramsey /Washington Metro Watershed District staff and City staff. 28. Prior to the commencement of any work, Developer or his engineer shall schedule a preconstruction meeting to be held at the Little Canada City Hall at a date and time agreeable to City. Said meeting shall include all parties concerned, including, but not limited to, City staff, Developer's engineer, Developer's contractor(s), Developer's builder(s), Magellan Midstream Partners, affected utilities representatives (including Xcel electric, Xcel gas, Comcast and Qwest), and representatives of Ramsey - Washington Watershed District, if necessary. The purpose of this meeting will be to review the work program for construction to achieve a coordinated approach between all parties involved. 29. Developer warrants all work required to be performed against poor material and faulty workmanship for a period of one (1) year after its final completion and approval by City. All landscaping including, but not limited to, trees, shrubs, grass seed, sod, native plantings and aquatic plantings, if any, be warranted to be alive, of good quality and disease free for twenty - four (24) months from the time of planting. Any replacements shall be warranted to be alive, of good quality and disease free for twenty -four (24) months from the time of planting. Developer shall post maintenance bonds or other security acceptable to City to secure the warranties. 30. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 31. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 32. With exception of a model home to be constructed on Lot 1, Block 1, no building permits nor a certificate of occupancy for the model home shall be issued for this development until the completion of all of the required improvements, except for the final lift of asphalt on the - 9 -