4.3 SR 12-05-2022 - Laserfiche WebLink

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3109530 (04) waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) NQtioes All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail 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 P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: Richard C. Foster, Chief Manager Phoenix Enterprises, LLC P.O. Box 279 Elk River, Minnesota 55330 (06) Final Plat Approval. - The City's final approval of the Subdivision plat is hereby made conditional upon the execution and delivery of this Agreement and, the City=s receipt of all petitions, security and other items specified herein. (07) Fi inq of Final —Plat —and DQv-gloper Acreement,- Before construction commences on the Subdivision, the Final Plat of the Subdivision and this Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the City. (08) Ingornora i-on ,by Reference - All plans, special provisions, proposals, specifications and contracts for the Improvements to be made pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. (09) Io Replacement - This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. 5.