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OCT 2 7 2014 <br /> DONATION AGREEMENT <br /> THIS DONATION AGREEMENT ("Agreement"), having an Effective Date of October <br /> 6, 2014, is entered into by and between THE TRUST FOR PUBLIC LAND, a nonprofit <br /> California public benefit corporation authorized to do business in Minnesota as The Trust For <br /> Public Land, Inc. ("Seller") and THE CITY OF ELK RIVER, MINNESOTA, a municipal <br /> corporation under the laws of the State of Minnesota("Buyer"). <br /> RECITALS: <br /> A. The addresses and telephone numbers of the parties to this Agreement are as <br /> follows. Telephone numbers are included for information only. <br /> SELLER: BUYER: <br /> The Trust for Public Land The City of Elk River <br /> 2610 University Avenue, Suite 300 13065 Orono Parkway <br /> St. Paul, MN 55114 Elk River, MN 55330 <br /> Attn: Bob McGillivray Attn: Calvin Portner <br /> Tel: (651) 999-5307 Tel: (763) 635-1001 <br /> Fax: (651) 917-2248 Fax: (763) 635-1090 <br /> With copies to: With copies to: <br /> The Trust for Public Land <br /> 2610 University Avenue, Suite 300 <br /> St. Paul, MN 55114 <br /> Attn: Mike Zender <br /> Tel: (651) 999-5319 Tel: <br /> Fax: (651) 917-2248 Fax: <br /> B. Houlton Olson Family, LLLP ("Current Owner") is the owner of certain real <br /> property in Sherburne County, Minnesota legally described on Exhibit A attached hereto and <br /> incorporated herein by this reference. Said real property, and any and all improvements, fixtures, <br /> timber, water and/or minerals located thereon and any and all rights appurtenant thereto <br /> including but not limited to timber rights, water rights, grazing rights, access rights and mineral <br /> rights, shall be referred to in this Agreement as the "Property" or the "Subject Property." <br /> C. Seller has proposed to acquire the Property from Current Owner. <br /> D. Seller desires and Buyer agrees to receive the Property from Seller by Donation <br /> upon Seller's acquisition of the Property from Current Owner in accordance with the terms and <br /> conditions set forth in this Agreement. <br /> 178009v4 1 <br />