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Page 9 <br /> <br />If to the Operator at: <br /> <br />$chmidt (}ravel Mining <br /> <br />ATTN: Roger Schmidt <br />10107 105th St. NW <br />Annandale, Minnesota 55302 <br /> <br />(06) Incorporation by Reference- All plans, special provisions, <br />proposals and specifications, submitted pursuant to this <br />Agreement shall be and hereby are made a part of this Agreement <br />by reference as fully as if set forth herein in full. <br /> <br /> IN WITNESS WHEREOF, the City and Operator have caused this <br />Agreement to be duly executed on the day and year first above written. <br /> <br />CITY OF ELK RIVER <br /> <br />OPERATOR/FEE OWNER: <br />$chmidt Gravel Mining/ <br /> <br />Rosemary Anna Lefavor <br /> <br />By: By: <br /> Its: Mayor <br /> <br />By: By: <br /> <br />Its: City Administrator <br /> <br />STATE OF MINNESOTA <br /> <br /> SS. <br />COUNTY OF SHERBURNE <br /> <br />The foregoing instrument was acknowledged before me this <br />day of ., 2003, by Stephanie A. Klinzing, the <br />Mayor of THE CITY OF ELK RIVER, a Minnesota municipal <br />corporation, on behalf of the corporation. <br /> <br />Notary Public <br /> <br />s: \b&z\ stever \gravcup.doc <br /> <br /> <br />