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<br />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 ofthe date first above written. <br /> <br />CITY OF ELK RIVER, MINNESOTA <br /> <br />By <br /> <br />Mayor <br /> <br />By <br /> <br />Administrator <br /> <br />STATE OF MINNESOTA ) <br />) ss <br />COUNTY OF SHERBURNE) <br /> <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 /> <br />Notary Public <br /> <br />1674205v8 <br /> <br />S-l <br />