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Fifty Thousand and No /100 Dollars ($50,000.00) to guarantee Developer's <br />completion of all improvements and compliance with this Agreement. Said <br />surety shall be immediately available for the City's use to complete part <br />or all of the construction in a timely and satisfactory manner, as <br />determined by the sole discretion of the City. It shall remain in full <br />force and effect until completion and acceptance of the project based on <br />the sole determination of the City. <br />16. Warranty. The Developer warrants all work required to be <br />performed against poor material and faulty workmanship for a period of one <br />(1) year after its final completion and approval by the City. All <br />landscaping including, but not limited to, trees, shrubs, grass seed and <br />sod, shall be warranted to be alive, of good quality and disease free for <br />twelve (12) months from the time of planting. Any replacements shall be <br />warranted to be alive, of good quality and disease free for twelve (12) <br />months from the time of planting. The Developer shall post maintenance <br />bonds or other security acceptable to the City to secure the warranties. <br />17. Miscellaneous. <br />a. This Agreement shall be binding upon the parties, there <br />heirs, successors or assigns, as the case may be. The Developer may not <br />assign this Agreement without the written permission of the City. <br />b. Breach of the terms of this Agreement by the Developer shall <br />be grounds for denial of the issuance of any building permit or rescission <br />of any building permit. <br />c. If any portion, section, subsection, sentence, clause, <br />paragraph, or phrase of this Agreement is for any reason held invalid, such <br />decision shall not affect the validity of the remaining portions of this <br />Agreement. <br />d. The action or inaction of the City shall not constitute a <br />waiver or amendment to the provisions of this Agreement. To be binding, <br />Page 8 <br />