4.8A. SR 10-06-2014 - Laserfiche WebLink

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9.) Severable - In the event that any portion of this PUD Agreement shall be held invalid for any reason,the same shall not affect in any respect whatsoever the validity of the remainder of this PUD Agreement. 10.) Waiver -Any waiver,whether express or implied, by any party of a breach of any provision of this PUD Agreement,will not operate as or be construed to be a waiver of any subsequent breach of this PUD Agreement. 11.) Notices -All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States Main to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River Attn: City Administrator 13065 Orono Parkway Elk River,Minnesota 55330 763-635-1000 If to the Developer at: Timothy Pomerleau 6382 Balsam Lane Maple Grove,MN 55369 612-867-6533 13.) Incorporation by Reference -All plans, special provisions,proposals, specifications and contracts made or to be made pursuant to this PUD Agreement shall be and hereby are made a part of this PUD Agreement by reference as fully as if set forth herein in full. 14.) Entire Agreement- This PUD Agreement,together with the exhibits attached hereto, sets forth the entire understanding between the parties, there being no terms, conditions,warranties or representations other than those contained herein,including the exhibits hereto, and no amendments hereto shall be valid unless made in writing and signed by all the parties hereto. This instrument was drafted by: The City of Elk River 13065 Orono Parkway Elk River,MN 55330 4. N:\Public Bodies\Agenda Packets\10-06-2014\Fina1\x4.8A atl PUD Agreement.docx