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4. <br />\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\P\P 16-02 Miske Meadows\PUD Agreement\Miske Meadows PUD Agreement Final.docx <br /> 10.) Waiver - Any waiver, whether express or implied, by any party of a breach of <br />any provision of this Agreement, will not operate as or be construed to be a waiver of any <br />subsequent breach of this Agreement. <br /> <br /> 11.) Notices - All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or deposited in the United States <br />Main to the addresses hereinafter set forth by certified mail (return receipt requested). The <br />addresses of the parties hereto are as follows until changed by written notice given as above: <br /> <br />If to the City at: City of Elk River <br /> Attn: City Administrator <br /> 13065 Orono Parkway <br /> Elk River, Minnesota 55330 <br /> <br /> <br /> <br />If to the Developer at: RP3, LLC <br /> Attn: Alan Roessler <br /> 3495 Northdale Blvd. NW <br />Suite 210 <br /> Coon Rapids, MN 55448 <br /> <br /> <br /> <br /> 12.) Incorporation by Reference - All plans, special provisions, proposals, <br />specifications and contracts made or to be made pursuant to this PUD Agreement shall be <br />and hereby are made a part of this PUD Agreement by reference as fully as if set forth <br />herein in full. <br /> <br /> 13.) Entire Agreement - This PUD Agreement, together with the exhibits <br />attached hereto, sets forth the entire understanding between the parties, there being no <br />terms, conditions, warranties or representations other than those contained herein, including <br />the exhibits hereto, and no amendments hereto shall be valid unless made in writing and <br />signed by all the parties hereto. <br /> <br />This instrument was drafted by: <br />The City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />