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1515 Central Pkwy - Well Field Dev Amendment Receipt# 286376 2964666 ABSTRACT FEE $46.00 Recorded on: 7/22/2013 03:00:08PM By: DMB, Deputy Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 Joel T. Beckman County Recorder APPLE VALLEY, MN 55124 Dakota County, MN THIRD AMENDMENT TO WELL FIELD DEVELOPMENT AGREEMENT This Third Amendment to Well Field Development Agreement ("Agreement") is made this 1WIN day of May.' 2013 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company (hereinafter the "Landowner"). (The City and Landlord are hereinafter collectively referred to as the "Parties. WHEREAS, Landowner is the fee owner of certain property located in the City of Eagan, County of Dakota and legally described as Lot 1, Block 1, Eagan Preserve (the "Property"); and WHEREAS, the Property is subject to that certain Well Field Development Agreement dated February 7, 1989, and recorded in the office of the Dakota County Recorder on February 21, 1989 as Document No. 878526 (the "Well Field Development Agreement") and as amended by a First Amendment to the Well Field Development Agreement also dated February 7, 1989 and recorded therewith and also amended by a Second Amendment to Well Field Development Agreement dated October 15, 1991 and recorded in the office of the Dakota County Recorder as Document No. 1014326 on November 26, 1991; and WHEREAS, the Well Field Development Agreement was entered into by previous landowners whereby the landowners agreed to grant easements in the future for the City's proposed wells and the watermains that were anticipated to connect the future wells and existing wells within the property described in the Well Field Development Agreement; and WHEREAS, Landowner has requested that the City exclude the Property from the terms and conditions of the Well Field Development Agreement; and WHEREAS, the City has reviewed the Landowner's request and is willing to exclude the Property from the terms of the Well Field Development Agreement, all upon the terms and conditions contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby as follows: 1. The City hereby releases the Property from the terms and conditions of the Well Field Development Agreement; and 2. Except as expressly amended hereby, the terms and conditions of the Well Field Development shall be and remain in full force and effect. , CITY OF EAGAN By: Mike Maguire Its: Mayor By:~3~Ry-lcoW~, Che Stevenson Its: Deputy City Clerk SPATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) J The foregoing instrument was acknowledged before me this day of U 2013, by Mike Maguire and Cheryl Stevenson, the Mayor and Deputy City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. (SEAL) Notary Public JWNotary NET L. BOLGER Public-Minnesota O-ftslon Expkes Am 31, 2016 2 LANDOWNER: ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company By: CPA: 17 Limited Partnership, a Delaware limited partnership, its sole member By: Corporate Property Associates 17 - Global Incorporated, a Maryland corporation, its general partner By: Chad F. Edmonson Its: Executive Director STATE OF l YI'~✓ ~~~Yl ) J SS. COUNTY OF The foregoing instrument was acknowledged before me this20 day of Jam(' , 2013, by Chad F. Edmonson, the Executive Director of Corporate Property Associates 17 - Global Incorporated, a Maryland corporation and the general partner of CPA:17 Limited Partnership, a Delaware limited partnership and the sole member of ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company, on behalf of the limited liability company, partnership and corporation. Notary Public RICHARD E. LOVEJOY Notary Public, State of New York No. 01 L0026450 Qualified in Kings County THIS INSTRUMENT WAS DRAFTED BY: Commission Expires July 2, 2016 Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147' Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (REIR 206-33697) 3 DDougherty, Molenda, Solfest, Hills & Bauer P.A. OUGHERTY MOLENDA D ©©B Attorneys 1 Advisors August 1, 2013 City of Eagan Attention: Russ Matthys, P.E. 3830 Pilot Knob Road Eagan, MN 55122 Karen .I. Parker Direct dial: (952) 953-8823 E-mail: kparker@dmshb.com Re: Lot 1, Block 1, Eagan Preserve, Dakota County, MN. Our File No.: 0206-33697 Dear Mr. Matthys: With respect to the above-named property, please find enclosed for your records the original Third Amendment to Well Field Development Agreement. The Agreement was filed for record in the Office of the Dakota County Recorder on July 22, 2013 as Document No. 2964666. Please feel free to contact Bob Bauer or me if you have any questions in this regard. Very truly yours, K Karen J. Parker Paralegal Enclosure cc: Robert B. Bauer, Esq. 'Qualified Neutral Under Minn. Gen. R. Prac. 114 1 Z MSBA Board Certified Real Property Specialist 'Registered Patent Attorney 1 Individual Attorneys also Licensed in Iowa, Wisconsin and Missouri Office 7300 West 147th Street Suite 600 Apple Valley, MN 55124 (952) 432-3136 Phone (952) 432-3780 Fax www.dmshb.com Attorneys Michael G. Dougherty" Michael E. Molenda' Loren M. Softest'. 2 Sharon K. Hills Robert B. Bauer'' 2 Terrence A. Merritt' Annette M. Margarit Stephen A. Ling2 Gary L. Huusko3 Christine J. Cassellius Brian J. Wisdorf2 Michael D. Klemm'' 2 Emily Fox Williams Matthew J. Schaap Jessica L. Sanborn Ryan J. Bies William M. Topka Erin E. Boerschel THIRD AMENDMENT TO WELL FIELD DEVELOPMENT AGREEMENT This Third Amendment to Well Field Development Agreement ("Agreement") is made this (0#h day of -May: 2013 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company (hereinafter the "Landowner"). (The City and Landlord are hereinafter collectively referred to as the "Parties.") WHEREAS, Landowner is the fee owner of certain property located in the City of Eagan, County of Dakota and legally described as Lot 1, Block 1, Eagan Preserve (the "Property"); and WHEREAS, the Property is subject to that certain Well Field Development Agreement dated February 7, 1989, and recorded in the office of the Dakota County Recorder on February 21, 1989 as Document No. 878526 (the "Well Field Development Agreement") and as amended by a First Amendment to the Well Field Development Agreement also dated February 7, 1989 and recorded therewith and also amended by a Second Amendment to Well Field Development Agreement dated October 15, 1991 and recorded in the office of the Dakota County Recorder as Document No. 1014326 on November 26, 1991; and WHEREAS, the Well Field Development Agreement was entered into by previous landowners whereby the landowners agreed to grant easements in the future for the City's proposed wells and the watermains that were anticipated to connect the future wells and existing wells within the property described in the Well Field Development Agreement; and WHEREAS, Landowner has requested that the City exclude the Property from the terms and conditions of the Well Field Development Agreement; and WHEREAS, the City has reviewed the Landowner's request and is willing to exclude the Property from the terms of the Well Field Development Agreement, all upon the terms' and conditions contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby as follows: 1. The City hereby releases the Property from the terms and conditions of the Well Field Development Agreement; and 2. Except as expressly amended hereby, the terms and conditions of the Well Field Development shall be and remain in full force and effect. CITY OF EAGAN By: Mike Maguire Its: Mayor By: UNA.�s-Cv,Nr� Cheryl Stevenson Its: Deputy City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 1(041r) Jday of � , 2013, by Mike Maguire and Cheryl Stevenson, the Mayor and Deputy City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. (SEAL) JANET L. BOLGER Notary Public -Minnesota My ComAulon Expires Jan 31, 2016 2 Notary Public LANDOWNER: ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company By: CPA:17 Limited Partnership, a Delaware limited partnership, its sole member By: Corporate Property Associates 17 — Global Incorporated, a Maryland corporation, its general partner By: Chad F. Edmonson Its: Executive Director STATE OF Nti TirVl ) ss. COUNTY OF A/C44 The foregoing instrument was acknowledged before me this 2O' day of Jae , 2013, by Chad F. Edmonson, the Executive Director of Corporate Property Associates 17 — Global Incorporated, a Maryland corporation and the general partner of CPA:17 Limited Partnership, a Delaware limited partnership and the sole member of ED LANDLORD FOUR (DE) LLC, a Delaware limited liability company, on behalf of the limited liability company, partnership and corporation. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 7444 hV/$"7-' Notary Public RICHARD E. LOVEJOY Notary Public, State of New York No. 01106264545 Qualified in Kings County Commission Expires July 2, 2016 (952) 432-3136 (RBB: 206-33697) 4 Receipt# 285375 ABSTRACT FEE $46.00 Return to: DOUGHERTY MOLENDA 7300 WEST 147TH STREET STE 600 APPLE VALLEY, MN 55124 2964666 11 11 1 11 1 Recorded on: 7/22/2013 03:00:08PM By: DMB, Deputy Joel T. Beckman County Recorder Dakota. County, MN