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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to <br />be executed as of the date and year first above written. <br />ATTEST: <br />Martin Rafferty, City Administrator <br />STATE OF MINNESOTA ) <br />ss. <br />COUNTY OF ) <br />CITY OF LAKE ELMO, <br />a Minnesota statutory city <br />Dean Johnston, Mayor <br />On this _ day of , 2004, before me, a notary public within <br />and for said county, personally appeared Dean Johnston and Martin Rafferty, to me <br />known to be respectively the Mayor and City Administrator of the City of Lake Elmo, <br />and they executed the foregoing instrument and acknowledged that they executed <br />the same by authority of and on behalf of City of Lake Elmo. <br />Notary Public <br />[SIGNATURES CONTINUED ON FOLLOWING PAGE <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) <br />11 <br />