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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 />If to the City at: City of Elk River <br />Attn: City Administrator <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Developer at: Evergreen Townhomes, LLC <br />Attn: Roger Derrick <br />350 W Burnsville Parkway, Suite 515 <br />Burnsville, MN 55537 <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 />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 />This instrument was drafted by: <br />The City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />4. <br />M\Departments\Community Development\Planning\Case Files\CUP\CU 21-13 Evergreen Townhomes (Tall <br />Pines III - Resubmittal)\8-Approval Denial\Evergreen Townhomes PUD Agreement.docx <br />