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four (24) months from the time of planting. Any replacements shall be warranted 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 />33. 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 />34. 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 />35. It is hereby understood by Developer that the abutting properties to the east may <br />be developed in the future as a single family subdivision. It is hereby understood by Developer <br />and City that any costs associated with development of the parcels to the east will not result in <br />assessments levied against any lot located in the development. However, future assessments for <br />maintenance, repair or reconstruction of said improvements may be levied against lots located in <br />the development. <br />36. Developer shall include definitive statements in all sales literature regarding <br />future development of the abutting property to the east. It should be made clear that said <br />abutting property to the east may be developed as additional single family lots. The purpose of <br />these statements is to make prospective buyers aware of likely development in order to minimize <br />objections in the future. <br />37. Developer shall sell to McCumber, abutting owners, Outlot A. The Developer <br />shall sell to Paddock, abutting owners, Outlot B. All revenue generate from said sales shall be <br />deducted from Developer' s contributed capital as set forth in Exhibit B attached hereto. <br />1512- <br />