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12 free for twenty-four (24) months from the time of planting. Any replacements shall be warranted to be alive, of good quality and disease free for twenty-four (24) months from the time of planting. Developer shall post maintenance bonds or other security acceptable to City to secure the warranties. (e) The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. (f) This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. All terms and conditions contained herein shall run with the land and shall bind the Developer, its successors and assigns. (g) Developer shall complete all the obligations of the zoning certificate issued by the City on _________________, which shall include conditional use permit. (h) Developer shall complete all the requirements for issuance of the conditional use/zoning certificate. (i) Developer understands that the construction hours with the city of Gem Lake are Monday-Saturday, 7:00 A.M.-7:00 P.M. (j) Required notices to Developer shall be in writing and shall be either hand delivered or mailed by certified mail to the following address: Barnett Properties LLC 3610 North Hwy 61 Gem Lake, MN 55110 (k) Required notices to the City shall be in writing and shall be either hand delivered or mailed by certified mail, in care of the city administrator, to the following address: City of Gem Lake 4200 Otter Lake Road Gem Lake, MN 55110 ARTICLE V Additional Developer Obligations Section 5.1. Storm Sewer Infrastructure Maintenance. Storm sewer infrastructure shall be maintained by the developer pursuant to the conditions approved by the City. Developer to submit a