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Ramsey /Washington Metro Watershed District staff and City staff. Said approval shall occur <br />after the execution of this agreement. <br />31. Developer warrants all work required to be performed against poor material and <br />faulty workmanship for a period of one (I) year after its final completion and approval by City. <br />All landscaping including, but not limited to, trees, shrubs, grass seed, sod, native plantings and <br />aquatic plantings, if any, be warranted to be alive, of good quality and disease free for twenty - <br />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 />32. 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 />33. 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 />34. 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 the initial development of the parcels to the east will not <br />result in assessments levied against any lot located in the Pinetree Pond development. However, <br />future assessments for maintenance, repair or reconstruction of said improvements may be levied <br />against lots located in Pinetree Pond. <br />35. 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 />_11_ <br />