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855 Vikings Pkwy - Encroachment AgreementReceipt:# 667233 3368799 AGREE $46.00 11111111111111111111111111111 Return to: SIMPLIFILE 5072 NORTH 300 W Recorded on: 5/6/2020 1:37 PM By: DRA, Deputy PROVO U T 84604 Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder ENCROACHMENT AGREEMMENT Encroachment Agreement ("Agreement") is made and entered into this a ay of 2020, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Venstar, LLC, a Minnesota limited liability company (the. "Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan and legally described as Lot 1, Block 1, VENSTAR EAGAN OFFICE BUILDING (hereinafter the "Property"); and WHEREAS, the Owner desires to install storm and sanitary sewer on the property and desires to have access for installation and grading purposes (the "Improvement") in the City's existing conservation easement (the "Easement") located on the Property as depicted on Exhibit "A" attached hereto; and I NMEREAS, in connection with placement of the hnprovement, it is necessary for the Owner to encroach within the Easement; and WHEREAS, the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE 1 the C'tY and Owner agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvement within the Easement. 2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 3. COSTS. The Owner shall be responsible for -all costs relating to the construction, maintenance and repair of the Improvements. 4. ASSUMPTION OP RISK, Owner acknowledges that the future maintenance, repairs within the Easement could possibly damage the Improvement. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvement that may result from any work performed by the City and/or its agents within the Easement. 5. DEFAULT, If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30-day cure period. Notice need not be given in the event emergency repairs are needed, After the 30-day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. 6. NOTICES. All written communications shall be, directed to Owner at: Venstar, LLC ' 7803 Glenroy Road, # 104 Bloomington, MN 55439 All written cominunications, shall be directed to the City at: City of Eagan Attn: Russ Matthys, Public Works Director 3830 Pilot Knob Road Eagan, MN 5 5122-18 10 With a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 7. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement 8. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto, 9. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota, 2 CITY OF EAGAN: OWNER: Venstar, LLC, a Minnesota limited liability company )) qv /i s By: Mike Maguir y: Its: Mayor Its: By: Christina Scipioni Its: City Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Thy foregoing instrument was acknowledged before me this gcD, day of 2020, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the C4 of Eagan, a Minnesota municipal corporation, on behalf of the municipal orporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF�o1�) The foregoing instrument was acknowledged before me this, day of 2020, by c• �,� . , the C ,-yY�'��" of Venstar, LLC, a Minnesota limiteA liability company, on behalf of the limited liability company. ERIN R SU�iREZ Notary Public NOTARY PUBLIC MINNESOTA Commission Expires Jan.31, 2021 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB : 206-42211) 2