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