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Hamel Estates <br />Development Contract <br />All landscaping including, but not limited to, trees, shrubs, grass seed and sod, shall be warranted <br />to be alive, of good quality and disease free for twenty -four (24) months from the time of <br />planting. Any replacements shall be warranted to be alive, of good quality and disease free for <br />twenty -four (24) months from the time of planting. Developer shall post maintenance bonds or <br />other security acceptable to City to secure the warranties. <br />34. 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 />35. This agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. <br />Notices <br />36. Required notices to Developer shall be in writing and shall be either hand <br />delivered or mailed by certified mail, in care of Rob Carlson, to the following address: <br />Rob Carlson Builders, Inc. <br />1680 -A 99th Lane NE <br />Blaine, MN 55449 <br />37. Required notices to the City shall be in writing and shall be either hand delivered <br />or mailed by certified mail, in care of the city administrator, to the following address: <br />City of Little Canada <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br />IN WITNESS WHEREOF, the parties have set their hands to this Contract on the date stated <br />above. <br />-9- <br />