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3.) All other terms and conditions of the Hillside Crossing II Planned Unit <br /> Development Agreement, as amended, shall remain in full force and effect and shall be <br /> binding upon the parties hereto, except to the extent clearly inconsistent with the terms and <br /> conditions of this Amendment No. 4. <br /> IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be <br /> duly executed in their names and on their behalf on or as of the date first above written. <br /> ATTEST: CITY OF ELK RIVER <br /> John J. Dietz Tina Allard <br /> Its: Mayor Its: City Clerk <br /> DEVELOPER: <br /> Phoenix Enterprises,LLC <br /> By: <br /> Its: <br /> STATE OF MINNESOTA ) <br /> ss. <br /> COUNTY OF SHERBURNE) <br /> The foregoing instrument was acknowledged before me this day of <br /> , 2013, by John J. Dietz and Tina Allard, the Mayor and City Clerk, <br /> respectively, for the City of Elk River,Minnesota. <br /> Notary Public <br /> STATE OF MINNESOTA ) <br /> ) ss. <br /> COUNTY OF SHERBURNE) <br /> The foregoing instrument was acknowledged before me this day of <br /> , 2013,by and <br /> of <br /> Notary Public <br /> N:\Public Bodies\Agenda Packets\12-16-2013\Fina1\x7.3 at2 amendment doc.docx <br />