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Encroachment Agreement Ple ase record and return to the City of Eagan. Receipt*887736 3585259 AGREE $4&00 Retu n to: I IIIIII IIID VIII VIII VIII VIII VIII IIII IIII CITY OF EAGAN 3830 PILOT KNOB ROAD Recorded on:4/28/2023 2:46 PM MUNICIPAL CENTER EAGAN MN 55122 By:TMg,Deputy Office of the County Recorder Dakota County,Minnesota Amy R_Koethe, County Recorder ENCROACHMENT AGREEMENT �y � T is Encroachment Agreement ("Agreement") is made and entered into this �T day off 2023,by and between the City of Eagan,a Minnesota municipal corporation(the and Spirit Master Funding X,LLC,a Delaware limited liability company("Owner").(City and Owner shall hereinafter be 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, Park Center Eighth Addition (hereinafter the "Property"); and WHEREAS, the Owner desires to maintain private improvements, such as a parking lot, utilities, a sidewalk, an infiltration basin, vacuums, signage, landscaping,retaining wall, entrance monument, etc. (the "Improvement"), in the City's existing drainage and utility easement (the "Easement") located on the Property as depicted on Exhibit"A"attached hereto; and WHEREAS, in connection with placement of the Improvement, 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,the City 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 Improvement; provided, however, that nothing herein shall obligate Owner to commence and complete construction of the Improvement. 4. ASSUNTTION of 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, except to the extent any damage results from the City's (or its employees', agents' or contractors') negligence or willful misconduct,in which event the City shall be liable. 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 actual 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: Spirit Master Funding X, LLC Attn: Property Management 2727 N. Harwood, Suite 300 Dallas,TX 75201 All written communications shall be directed to the City at: City of Eagan Attn: Russ Matthys,Public Works Director 3830 Pilot Knob Road Eagan,MN 55122-1810 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 ENCROACHMENT AGREEMENT (Tidal Wave Car Wash) (Signature page of the City) CITY OF EAGAN: " 441414�0 By: Mike Maguir r m 6ya -.By :l Zab t wur(loose Its:-Clerk a STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 40t,j 1 , 2023,by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary P lic ANGELA D. FAISON NOTARY PUBLIC•MINNESOTA *, a My Comm.Exp.Jan.31,2025 3 ENCROACHMENT AGREEMENT (Tidal Wave Car Wash) (Signature page of Owner) Spirit Master Funding X,LLC,a Delaware limited liability company By: Spirit SPE Manager, LLC, a Delaware limited liability company, Its Manager By: Its: E & Chief Investment Officer STATE OF TEXAS ) ) ss COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this 10th day of March, 2023, by Ken Heimlich, the EVP& Chief Investment Officer SPE Manager, LLC, a Delaware limited liability company, on behalf of the limited liability company and as the manager of Spirit Master Funding X, LLC, a Delaware limited liability company, on behalf of the limited liability company. ary Public TAMMY BOB THIS INSTRUMENT WAS DRAFTED BY: ��°......`a °?° _Notary Public,State of Texas Comm,Expires 12-20-2025 DOUGHERTY,MOLENDA, SOLFEST -''��P,�����` Notary it 513-2-2 HILLS &BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)432-3136 (RBB: 206-45679) 4 � • 4 Y � o i a e �d FRpgQ ,L r a�£ Aaa ` 6� as o a I '� �F 86 Ln i R � o g!q i I y 01 R9 9 w K R X868 `=a m am o SITE IMPROVEMENT PLANS PROJECT No: Nw DATE REV SN3N "J 1015 S.-Meyere Rob S�;,e9W 0 TIDAL WAVE AUTO SPA %As DATE o9/o3nz N CLIFF ROAD Oa9N IKTert—IL W101 DES. ZO O EAGAN,MINNESOTA W OO L P E A T 6301T1.90W OR 5T FA%:630.195.3131 CND. KS SITE PLAN RE,—PER arc caue3ns