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C. The action or inaction of the 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. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the Property and shall be binding upon the Developer, it successors and assigns. The Developer may, at its expense, record this Agreement in the office of the County Recorder. After the Developer has completed the work required under this Agreement, at the Developer's request the City will execute and deliver to Developer a release in recordable form. E. All parties to this Agreement acknowledge they have been represented by counsel and have entered into this Agreement freely and voluntarily. F. Planning Commission and City Council Conditions of Approval. All conditions of approval by the Planning Commission and City Council are incorporated herein by reference. G. Sewer Lift Station. The Developer shall construct a sanitary sewer lift station, the location of which is identified on the Final Plat, as well as wastewater infrastructure within the Plat, pursuant to specifications and standards established by the City, for which the City will accept as a public utility. Said lift station shall be constructed according to plans and specifications approved by the City and based upon a satisfactory inspection by the City Engineer, said lift station will be accepted for maintenance by the City. In addition the Developer agrees to convey a permanent easement to the City for the location of the lift station. H. In constderatlon for the rnstallatt `n of the rrrumctpal water ands rigarji sewerinfrastructure Wrthrn + P[at �#heD �eloperr iU ing o , sized pipe ar tt the llftsfatlon ,Which infra iuctt a port cp Iak v�nl �e accp ed by t �ECtty'as a b(tc uttl ,tht#y1as ages value water~ acca charged sewer�access c atgesrtn motrn ..... �l�� `�� -;=eontlttiotiec�upvn the foUo�+ing • The Developer must meet all requirements of this Agreement; and The Developer has agreed to install and/or incur the following: • The cost difference between a 6-inch and 10-inch diameter watermain(estimated to be$8 per foot)along Councy Road 112,consisting of approximately 700 feet. • The cost for the gravity sanitary sewer under Trailside Road from Trailside Loop to County Road 112(approximately 300 feet)including a manhole in County Road 112 and necessary pavement replacement and Work Zone Traffic Control. • The cost for 50%of the lift station and force main installation. 15