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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 />29. 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 />30. 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 />31. Developer may obtain one (1) building permit for a model homes to be <br />constructed within a lot to be determined in the Whispering Pines plat prior to the completion of <br />the required improvements. However, Developer acknowledges that City will not issue a <br />certificate of occupancy for this structure until after the first lift of asphalt is installed on the <br />street surfaces and other improvements have been substantially completed and approved by the <br />City. <br />32. Required notices to Developer shall be in writing and shall be either hand <br />delivered or mailed by certified mail to the following address: <br />J. W. Moore, Inc. <br />714 Pennington Place <br />Vadnais Heights, MN 55127 <br />33. 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 />- 10_ <br />