10-27-2004 Council Agenda - Laserfiche WebLink

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Hidden Acres Development Contract Miscellaneous 15. 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 and wildflower 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. 16. 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. 17. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. Notices 18. Required notices to Developer shall be in writing and shall be either hand delivered or mailed by certified mail, in care of Gordie Howe, to the following address: Wesley Investments, Inc. 275 S. 3"{ Street, Suite 302 Stillwater, MN 55082 19. Required notices to the City shall be in writing and shall be either hand delivered or mailed by certified mail, in care of the city administrator, to the following address: City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 _6- 8-