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12/17/2003 WED 14:35 FAX 612 344 1414 MGM LLP 003/003 <br /> <br /> 4. The City and the Petitioner hereby stipulate and agree that the Lawsuit shall be <br />dismissed with prejudice and on the merits. <br /> <br /> 5. The parties each represent and wan-ant that they have investigated the facts and <br />law relevant to this Agreement. The parties agree that no additional promises or agreements <br />have been made as consideration for this Agreement. Petitioner represents and warrants that she <br />is the sole fee owner of the Property and that no other individual or entity has any right, title or <br />interest in the Property. <br /> <br /> 6. The Petitioner aclmowlcdges that she has been advised of her fight to sock an <br />attorney of her choosing and at her cost in connection with the Lawsuit and this Agreement and <br />has elected not to do so. <br /> <br /> 7. Minnesota law governs this Agreement. The parties consent to the jurisdiction of <br />the Courts of thc State of Mirmesota, Sherbume County as thc cxclusivc forum for the resolution <br />of any disputes arising fi:om this Agreement. <br /> <br /> 8. Petitioner acknowledges that this Agreement is subject to approval by the City <br />Council of the City of EIk River and is of no force or effect until approved by the City Council. <br /> <br /> 9. This Agreement may be executed in multiple counterparts; the counterparts will <br />be treated as originals for all purposes. <br /> <br />Dated: <br /> <br />Dated: <br /> <br />THE CITY OF ELK RIVER <br /> <br />By:. <br /> <br /> Its: <br /> <br />Tina Roach <br /> <br />82923.DOC 2 <br /> <br /> <br />