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postmarked date of the warning, the YMCA fails to provide a report, the YMCA must pay to the <br />City a penalty of $100 for each subsequent day until the report is filed. Failure by the City to <br />deliver a timely warning notice will not relieve the YMCA's obligation to pay a penalty within 14 <br />days after receipt of a notice to pay. The maximum aggregate penalty payable under this Section is <br />$1,000. <br />5. Relation to Development Agreement. This Agreement supplements the <br />Development Agreement. In the event of any conflict between this Agreement and the <br />Development Agreement, this Agreement controls. <br />6. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand, or other communication under the Agreement by either party to <br />the other shall be sufficiently given or delivered it if is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally: <br />As to the City: <br />With Copy to: <br />City of Lino Lakes <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Attention: City Administrator <br />Stephen Bubul <br />Kennedy & Graven <br />470 U.S. Bank Plaza <br />Minneapolis, MN 55402 <br />As to the YMCA: <br />With Copy to: <br />or at such other address with respect to either such party as that party may, from time to time, <br />designate in writing and forward to the other. <br />7. Counterparts. This Agreement may be simultaneously executed in any number of <br />counterparts, all of which shall constitute one and the same instrument. <br />a <br />- 3 6 - <br />