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fees and expenses, including reasonable attorney, engineering and <br />consulting fees, incurred by the City as a result of the even of default, <br />whether or not a lawsuit or other action is formally taken. <br />IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be <br />executed as of the date and year first above written. <br />City of Lake Elmo, <br />a Minnesota statutory city <br />Dean Johnson, Mayor <br />ATTEST: <br />Martin Rafferty, City Administrator <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF ) <br />On thisday of , 2006, before me, a notary public within and for said <br />county, personally appeared Dean Johnson and Martin Rafferty, to me known to be respectively <br />the Mayor and City Administrator of the City of Lake Elmo, and they executed the foregoing <br />instrument and acknowledged that they executed the same authority of and on behalf of City of <br />Lake Elmo. <br />7 <br />