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IN WITNESS WHEREOF, each of the City, the Developer and the Company has caused this <br />Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. <br />CITY OF ELK RIVER, MINNESOTA <br />By <br />Its Mayor <br />By <br />Its City Clerk <br />STATE OF MINNESOTA ) <br />)ss <br />COUNTY OF SHERBURNE ) <br />The foregoing instrument was acknowledged before me this day of <br />2024, by John J. Dietz and Tina Allard, the Mayor and the City Clerk, <br />respectively, of the City of Elk River, Minnesota (the "City"), a municipal corporation and political <br />subdivision of the State of Minnesota, on behalf of the City. <br />Notary Public <br />S-I <br />EL185\77\951254.v6 <br />Page 320 of 372 <br />