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<br />IN WITNESS WHEREOF, the City and Operator have caused this Agreement to <br />be duly executed on the day and year first above written. <br /> <br />CITY OF ELK RIVER <br /> <br />OPERATOR/FEE OWNER: <br />J & B Mining, Inc. <br /> <br />By: <br /> <br />By: <br />Its: <br /> <br />Its: Mayor <br /> <br />By: <br /> <br />Its: City Clerk <br /> <br />STATE OF MINNESOTA <br /> <br />ss. <br />COUNTY OF SHERBURNE <br /> <br />The foregoing instrument was acknowledged before me this _ day of <br />,2004, by Stephanie A. Klinzing, the Mayor of THE CITY OF <br />ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. <br /> <br />Notary Public <br />