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12 <br />(d) The action or inaction of City shall not constitute a waiver or amendment to <br />the provisions of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and, to the extent required by City ordinances, approved by <br />written resolution of the City Council. City’s failure to promptly take legal action to <br />enforce this Agreement shall not be a waiver or release. <br /> <br />(e) 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 <br />land and shall bind the Developer, its successors and assigns. <br /> <br />(f) Developer understands that the construction hours within the city of Gem <br />Lake are Monday-Saturday, 7:00 A.M.-7:00 P.M. Developer and City acknowledge that <br />Developer may engage in construction activities outside of normal construction hours <br />within the City of Gem Lake. <br /> <br />(g) 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 /> Barnett Companies, Inc. <br /> 3610 North Hwy 61 <br /> Gem Lake, MN 55110 <br /> <br />(h) Required notices to the City shall be in writing and shall be either hand <br />delivered or mailed by certified mail, in care of the city administrator, to the following <br />address: <br /> City of Gem Lake 4200 Otter Lake Road <br /> Gem Lake, MN 55110 <br /> <br />ARTICLE V <br /> <br />Additional Developer Obligations <br /> <br /> Section 5.1. Storm Sewer Infrastructure Maintenance. Storm sewer infrastructure shall be <br />maintained by the developer pursuant to the Operation and Maintenance Agreement for Barnett Kia <br />Storm Water Facilities approved by the City. <br /> <br />ARTICLE VI <br /> <br />Performance Guarantees <br /> <br /> Section 6.1. Developer’s Improvements. The Developer will fully and faithfully comply <br />with all terms and conditions of any and all contracts entered into by the Developer for the installation <br />and construction of all Public Infrastructure Improvements. Developer guarantees workmanship and <br />materials.