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OCT 2 7 2014 <br />DONATION AGREEMENT <br />THIS DONATION AGREEMENT C 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 RIVE <br />corporation under the laws of the State of Minnesota ("Buyer"). 1VIIIV1vESOTA, a municipal <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: <br />BUYER: <br />The Trust for Public Land <br />The City of Elk River <br />2610 University Avenue, Suite 300 <br />13065 Orono Parkway <br />St. Paul, MN 55114 <br />Elk River, MN 55330 <br />Attn: Bob McGillivray <br />Tel: (651) 999-5307 <br />Attn: Calvin Fortner <br />Fax: (651) 917-2248 <br />Tel: (763) 635-1001 <br />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 />Tei: (651) 999-5319 <br />Fax: (651) 917-2248 Tel: _ <br />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 <br />