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AMENDMENT TO PURCHASE AGREEMENT <br /> This agreement is made as of December , 2016, between CITY OF ELK RIVER, <br /> MINNESOTA, a Minnesota municipal corporation ("Seller") and E&R INVESTMENTS, LLC, <br /> a limited liability company under the laws of Minnesota("Purchaser"). <br /> RECITALS <br /> 1. Purchaser and Seller have entered into a purchase agreement with an Effective Date of <br /> November 4, 2016 (the "Agreement") which provides for the purchase and sale of property <br /> located in Elk River, Minnesota, legally described on Exhibit A attached hereto. <br /> 2. The parties desire to amend Exhibits A and B the Agreement. <br /> AGREEMENT <br /> For valuable consideration, Seller and Buyer agree as follows. <br /> 1. Exhibit A of the Agreement shall be stricken and substituted with First Amended Exhibit <br /> A attached hereto. <br /> 2. Exhibit B of the Agreement shall be stricken and substituted with First Amended Exhibit <br /> B attached hereto. <br /> 3. Except as amended by this amendment, the Agreement shall remain in full force and <br /> effect. <br /> The parties have caused this Agreement to be duly executed as of the day and year first <br /> above written. <br /> PURCHASER SELLER <br /> E&R Investments, LLC City of Elk River, Minnesota <br /> By: By: <br /> Gregory R. Ebert John Dietz <br /> Its: President Its: Mayor <br /> By: <br /> Tina Allard <br /> Its: City Clerk <br /> 491943v1 CBR ELI 85-43 <br />