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2.) The words, phrases, terms, and conditions used herein shall be interpreted the same <br />as those used in the Elk River Crossing Planned Unit Development Agreement. <br />3.) All other terms and conditions of the Elk River Crossing Planned Unit <br />Development Agreement, as amended, shall remain in full force and effect and shall be binding upon <br />the parties hereto, except to ,the extent clearly inconsistent with the terms and conditions of this <br />Amendment No.4. <br />IN WITNESS WHEREOF, the parties have caused this Amendment No.4 to be duly <br />executed in their names and on their behalf on or as of the date first above written. <br />ATIEST: <br />f~Wl) I(/ccwv <br />Patrick D. Klaers <br />Its: City Administrator <br />CITY OF ELK RIVER <br />l <br />Steph 'eKlinzing ~ <br />Its: Mayor <br />STM III, LLC <br />By: <br />Its: <br />DEVELOPER: <br />STATE OF MINNESOTA <br />ss. <br />COUNTY OF SHERBURNE ) <br />f <br />The foregoing instrument was acknowledged before me this 14 day of <br />2005, by Stephanie Klinzing and Patrick D. Klaers, the Mayor and City <br />A . strator, respectively, for the City of Elk River, Minnesota. <br />fbtt~~ <br />DEBORAH KAY HUEBN~R <br />NOTARY PUBLIC - MINNESO I A <br />My Commission Expires Jan, 31,2010 <br />S:\PLANNING\Agreements\ER Cross PUD Amend 4,doc <br />Page 253 of 304