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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be <br /> duly executed in their names and on their behalf, all on or as of the date first above written. <br /> CITY OF ELK RIVER, MINNESOTA <br /> By <br /> Mayor <br /> By <br /> Administrator <br /> STATE OF MINNESOTA ) <br /> ) ss <br /> COUNTY OF SHERBURNE) <br /> The foregoing instrument was acknowledged before me this day of <br /> 2004, by , the Mayor and , the Administrator of the <br /> City of Elk River, Minnesota, a municipal corporation and politic subdivision organized and <br /> existing under the Constitution and laws of the State of Minnesota, on behalf of said City. <br /> Notary Public <br /> • <br /> 1674205v8 S-1 <br />