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first lift of bituminous is completed and approved. <br />17. 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 completion and approval by the City. All landscaping <br />including, but not limited to, trees, shrubs, grass seed and sod, shall be <br />warranted to be alive, of good quality and disease free for twelve (12) <br />months from the time of planting. Any replacements shall be warranted to <br />twelve (12) months from the time of planting. The Developer shall post <br />maintenance bonds or other security acceptable to the City to secure the <br />warranties. <br />18. 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 />amendments or waivers shall be in writing, signed by the parties and <br />approved by written resolution of the City Council. The City's failure to <br />promptly take legal action to enforce this Agreement shall not be a waiver <br />or release. <br />e. The Developer shall provide and maintain public liability <br />and property damage insurance covering personal injury, including death, <br />-7- <br />Page 35 <br />