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d. The CITY may draw upon all or any portion of the financial guaranty the <br />DEVELOPER has provided to the CITY pursuant to Section 4and (i) use <br />all or any portion of the proceeds from the financial guaranty to reimburse <br />the CITY pursuant to subsection (a) above; (ii) use all or any portion of the <br />proceeds from the financial guaranty to satisfy any judgment the CITY <br />obtains against the DEVELOPER pursuant to subsection (b) above; (iii) <br />use all or any portion of the proceeds to reimburse the CITY pursuant to <br />Section 9 (h) below; and (iv) hold all or any portion of the proceeds for a <br />reasonable time for the future application as described in subsections (i), (ii) <br />and (iii) of this Section 8(d). <br />10. Miscellaneous. <br />a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause, paragraphs or phrase of this Agreement is for any reason invalid, <br />such decision shall not affect the validity of the remaining portion of this <br />Agreement. <br />b. Written Amendments Only. The action or inaction of the CITY or the <br />DEVELOPER shall not constitute a waiver or amendment to the provisions <br />of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties, and approved by a resolution of the CITY <br />Council. The CITY'S or the DEVELOPER'S failure to promptly take <br />legal action to enforce this Agreement shall not be a waiver or release. <br />c. Compliance with Laws and Regulations. The DEVELOPER represents to <br />the CITY that the Plat complies with all CITY, County, metropolitan, <br />State, and Federal laws and regulations, including but not limited to: <br />subdivision ordinances, zoning ordinances and environmental regulations. <br />If the CITY determines that the Plat does not comply, the CITY may, at its <br />option, refuse to allow any construction or development work in the platted <br />area until the DEVELOPER does comply. Upon the CITY'S demand <br />DEVELOPER shall cease work until there is compliance. <br />d. Mailbox Locations. If the DEVELOPER desires to construct mailboxes <br />within the public right of way, the DEVELOPER agrees that the placement <br />of mailboxes along public streets is subject to the approval by the CITY. <br />Utility locates will be necessary. <br />e. Boulevard and Wetland Restoration. The DEVELOPER shall be <br />responsible for the cost of establishing seed in all boulevards within 30 days <br />of the completion of the street improvements, and restoring all other areas <br />