06.o Site Improvement Agreement - Barr Solar Energy SystemNEE EDITS 9-14-2026
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CITY OF SCANDIA
SITE IMPROVEMENT AGREEMENT FOR NEW ENERGY EQUITY BARR
DISTRIBUTION SOLAR ENERGY SYSTEM WITH MN CSG 2019-69
THIS IMPROVEMENT AGREEMENT (“Agreement”), made and entered into on the
___ day of _______________, 2026, by and between the City of Scandia, a Minnesota
municipal corporation, (“City”), MN CSG 2019-69 LLC, a Minnesota limited liability company
(“Developer”), and Justin D. Barr Revocable Trust U/A (“Owner”)
RECITALS:
WHEREAS, the Developer and Owner obtained a Conditional Use Permit approval from the
City on October 21, 2025, pursuant to the terms in Resolution No. 10-21-25-03, passed by the City
Council, for the Subject Property identified by PID No: 20.032.20.24.0002 (“Site Approvals”); and
WHEREAS, as a condition of granting the Site Approvals, the City requires Developer and
Owner to enter into this Agreement regarding the Site Improvements as described in the Development
Plans as approved by the City;
WHEREAS, the parties have entered into a Decommissioning Agreement for this solar
energy system (“Decommissioning Agreement”), which is hereby incorporated into this Agreement;
and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the City has agreed to approve the Development Plans on the following conditions:
1. That the Developer and Owner enter into this Site Improvement Agreement that
defines the work the Developer undertakes to complete; and
2. That the Developer provides the City one or more irrevocable letters of credit, a bond,
or a cash deposit, in the amount and with conditions provided below, securing the Developer’s
obligation to cause the actual construction and installation of certain improvements; and
WHEREAS, the Development Plans have been prepared by a registered professional
engineer and the City has reviewed the Development Plans; and
WHEREAS, the Developer has filed or will file a complete set of the Development Plans
with the City.
NOW, THEREFORE, subject to the terms and conditions of this Agreement and in reliance
upon the representations, warranties and covenants of the parties herein contained, the City and
Developer and Owner agree as follows:
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ARTICLE 1
DEFINITIONS
1.1 TERMS. The following terms, unless elsewhere defined specifically in the
Agreement, shall have the following meanings as set forth below.
1.2 CITY. “City” means the City of Scandia, a Minnesota municipal corporation.
1.3 OWNER. “Owner” means Justin D. Barr Revocable Trust U/A, and their successors
and assigns.
1.4 DEVELOPER. “Developer” means MN CSG 2019-69 LLC, a Minnesota limited
liability company, and its successors and assigns.
1.5 SUBJECT PROPERTY. “Subject Property” or “Property” means the real property
located in the City of Scandia, Washington County, identified and legally described
on the attached Exhibit A.
1.6 DEVELOPMENT PLANS. “Development Plans” means all those plans, drawings,
specifications and surveys identified on the attached Exhibit B.
1.7 SOLAR PROJECT. “Solar Project” means any portion of the “Improvements”
which include a device or structural design feature, a substantial purpose of which is
to provide for the collection, storage and distribution of solar energy for electricity
generation.
1.8 AGREEMENT. “Agreement” means this instant contract by and between the City,
Developer, and Owner.
1.9 COUNCIL. “Council” means the City Council of the City of Scandia.
1.10 CITY ENGINEER. “City Engineer” means the City Engineer of the City of Scandia
and their delegatees.
1.11 COUNTY. “County” means Washington County, Minnesota.
1.12 OTHER REGULATORY AGENCIES. “Other Regulatory Agencies” means and
includes the following:
a. State of Minnesota
b. Minnesota Department of Health
c. Minnesota Department of Labor and Industry
d. Minnesota Department of Natural Resources
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e. Minnesota Department of Transportation
f. Minnesota Pollution Control Agency
g. Metropolitan Council
h. Washington County
i. Washington County Highway Department
j. Carnelian-Marine-St. Croix Watershed District
k. any other regulatory or governmental agency or entity affected by, or having
jurisdiction over, the Improvements.
1.13 UTILITY COMPANIES. “Utility Companies” means and includes the following:
a. utility companies, including electric, gas and communications, and
b. pipeline companies.
1.14 IMPROVEMENTS. “Improvements” means and includes, individually and
collectively, all the improvements identified on the attached Exhibit B as amended
by the conditions as listed in Article 2.1.
1.15 OWNER/DEVELOPER DEFAULT. “Owner Default” or “Developer Default”
means and includes any of the following or any combination thereof:
a. failure by the Developer to timely pay the City any money required
to be paid under this Agreement;
b. failure by the Developer to timely construct the Improvements
according to the Development Plans and the City standards and
specifications;
c. failure by the Owner or Developer to observe or perform any
covenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement;
d. breach of the Owner Warranties.
1.16 FORCE MAJEURE. “Force Majeure” means acts of God, including, but not limited
to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but
not including reasonably anticipated weather conditions for the geographic area),
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riots, insurrections, war or civil disorder affecting the performance of work,
blockades, power or other utility failures, and fires or explosions.
1.17. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered both electronically AND by
depositing it in the United States mail in a sealed envelope, by certified mail, return
receipt requested, with postage and postal charges prepaid, addressed as follows:
If to CITY: City of Scandia
14727 209th Street N
Scandia, MN 55073
Attn: City Administrator Kyle Morell
For Electronic Notice:
k.morell@ci.scandia.mn.us
If to OWNER:
For Electronic Notice:
If to DEVELOPER: New Energy Equity LLC
2530 Riva Road, Suite 200
Annapolis, MD 21401
Attn: Jim Wrathall, General Counsel
For Electronic Notice:
jwrathall@newenergyequity.com
or to such other address as the party addressed shall have previously designated by
notice given in accordance with this Section. Notices shall be deemed to have been
duly given on the date of service electronically to the party to whom notice is to be
given, or on the third day after mailing if mailed as provided above.
ARTICLE 2
APPROVAL OF DEVELOPMENT PLANS
2.1. APPROVAL OF DEVELOPMENT PLANS. Subject to the terms and conditions
of this Agreement, the recitals above, and all other applicable City Code provisions, the City hereby
approves the Development Plans. The Development Plans also include compliance by the Developer
and Owner with the conditions set forth in the following:
a. City Engineer’s review memo dated October 8, 2025; and
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b. City Staff conditions as described in the October 21, 2025 City Planner Staff
Memo (collectively, the “City Staff Recommendations”).
2.2 RECORDING. This Agreement shall be recorded with the Washington County
Recorder/Registrar within thirty days of execution.
ARTICLE 3
IMPROVEMENTS
3.1 IMPROVEMENTS. The Developer shall install, at its own cost, the Improvements
in accord with the Development Plans and in accordance with the approvals of the Planning
Commission, City Council, and all City ordinances. The Improvements shall be completed on or
before December 31, 2028, except as completion dates are extended with written approval from the
City Council. As part of the City approvals the Developer is required to enter into a Decommissioning
Agreement, attached as Exhibit D.
3.2 GRADING/DRAINAGE PLAN. The Developer shall construct drainage facilities
in accord with the Development Plans and any additional requirements provided by the City to correct
any current violations existing within the drainage easements. The grading and drainage plan shall
conform with the overall City storm sewer plan. The grading of the site shall be completed in
conformance with the Development Plans. The Developer shall own, operate and maintain the
drainage facilities.
In the event that the Developer fails to complete the grading and installation of the drainage facilities
of the site in substantial conformance with the Development Plans, the City may, after notice and cure
rights as outlined in Article 8 herein, declare the Developer in default pursuant to Article 8.
3.3 AREA RESTORATION. The Developer shall restore all areas disturbed by the
development grading operation in accordance with the approved grading and erosion control plans.
Upon request of the City Engineer, the Developer shall remove the silt fences after grading and
construction have occurred.
3.4 STREET MAINTENANCE, ACCESS AND REPAIR. The Developer shall clear,
no less often than twice per week, any soil, earth or debris from the streets and wetlands within,
adjacent or near the Property resulting from the grading or building on the Property, or associated
trucking operations and shall restore to the City’s specifications and repair to the City’s specifications
any damage to bituminous street surfacing resulting from the use of construction equipment.
Furthermore, the Developer shall maintain reasonable access to any occupied buildings within the
Property, including necessary street maintenance such as grading, graveling or patching.
If Developer fails to perform any of the street maintenance, access and repair responsibilities listed
above, the City shall provide Developer with written notice. If the work required in such notice is not
completed to City’s satisfaction within two business days of Developer’s receipt of the notice,
excluding repair or restoration work for which the City has granted extra time, the City will have
appropriate equipment dispatched to the Property and the City will bill all costs associated with the
work to the Developer. In the event the Developer fails to timely pay costs related to the City work,
the City shall withdraw the funds from any cash escrow, bond, or LOC.
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3.5 LANDSCAPING. Site landscaping shall comply with City-approved landscaping
plan and City required warranties. The City will require financial security as set forth in Section 4.2
to ensure vegetation is installed and establishes itself as identified in the approved permit, based on
an estimated cost for plantings and labor provided by the Developer. The planting and screening plan
must utilize the recommended plant types described in Unified Development Code Section
153.400.060 and must be consistent with the Landscaping Plan approved by the City.
All ground areas under solar array installs that are not occupied by equipment or essential access
paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and
moisture conditions of the immediate area. Plant growth must be stable and self-supporting within
one growing seasons from the date of building permit approval. If approved, the City may allow
agricultural pasture plantings under the array. If the agricultural pasture ceases, the ground area shall
be planted as required with native grass and pollinator seed mix. No agricultural pasture planting has
been approved for this project.
3.6 SCREENING. In accordance with the Conditional Use Permit, the Developer shall
install temporary non-vegetative screening through the use of scenic canvases prior to construction of
the solar panels or any other element of the solar facility. The temporary non-vegetative screening
shall fully obscure 100% view of the solar panels from any adjacent road right-of-way immediately
upon screen completion in accordance with this section, and shall be completed prior to the remainder
of solar facilities and panel installation.
The required permanent vegetative screening must be achieved within six (6) growing seasons from
the date that all project approvals and building permits have been acquired. If the vegetative screening
is not established within 6 growing seasons, it must be implemented through the planting of mature
vegetation to fully obscure (100%) view of the solar panels as described in Unified Development
Code Section 153.300.030 Subd. 1 (BB) III.i. Permanent vegetative screening shall have a horizontal
depth of at least 20 feet and shall be kept in good standing for the lifetime of the use. The permanent
vegetative screen must fully obscure (100%) view of the solar panels during leaf-on and leaf-off
conditions from any adjacent road right-of-way. Any vegetative material found to have become dead,
diseased, or that poses a safety concern shall be immediately removed by the Developer and replaced
at the beginning of the next growing season.
Temporary non-vegetative screening through the use of scenic canvases has been approved as part of
the project application. Scenic canvases may only be used to temporarily screen solar project
installations for a maximum of six (6) years. Applicants shall supply a physical sample as a visual
representation of the appearance of the canvas for review by the City prior to installation of the scenic
canvas. Applicant can begin construction of fencing up to 6’ in height following approval of the
sample by City staff. Installation of fencing greater than 6’ in height requires a building permit; and
effectiveness of the screen shall be reviewed and approved by City staff prior to continuation of
project installation and issuance of building permit for the installation of the solar project. Scenic
canvas shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the
entire outward facing portion of the canvas to match the existing surroundings and vegetative
screening of the solar project. Canvases must be designed to accommodate wildlife movement. Scenic
canvasing must be removed once vegetative screening is established as determined by the City. If any
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canvas becomes damaged or fades to a point where it no longer camouflages prior to the completion
of the compliance period to establish vegetative cover, said canvas must be replaced within 60 days
of notice to the Developer. Should the Developer fail to comply with this requirement, the City may
replace said canvas at the Developer’s full expense as prescribed under this Agreement.
3.7 EROSION CONTROL. The Developer shall provide and follow a plan for erosion
control in accord with the Best Management Practices (BMP) as delineated by Other Regulatory
Agencies. Such plan shall be detailed on the Development Plans and shall be subject to approval of
the City Engineer. The Developer shall install and maintain such erosion control measures and
structures as appear necessary under the Development Plans or become necessary subsequent thereto.
Developer shall abide by the approved erosion control plan. The Developer shall be responsible for
all damage caused as the result of grading and excavation resulting from the Improvements including,
but not limited to, restoration of existing control structures and clean-up of public right-of-way, until
the Improvements are completed. As a portion of the erosion control plan, the Developer shall re-
seed, install landscaping or sod any disturbed areas in accordance with the Development Plans.
ARTICLE 4
RESPONSIBILITY FOR COSTS, CHARGES AND FEES
4.1 IMPROVEMENT COSTS. The Developer shall pay for the Improvements; that is,
all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance
premiums or equipment or supplies and all just claims for the same; and the City shall be under no
obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether
or not the City shall have approved the contract or subcontract.
4.2 SECURITY REQUIREMENT. Contemporaneously herewith, the Developer shall
deposit with the City an irrevocable letter of credit (“LOC”) or surety bond in the amount of
$70,000.00. The bank and form of the financial security shall be subject to approval by the City
Finance Director and City Attorney and shall continue to be in full force and effect until released by
the City in conformance with this section. The financial security must be for at least a two-year term
and must be automatically renewable for successive one-year periods from the present or any future
expiration dates with a final expiration date of termination of the two-year warranty period described
in Article 6, and further provided that the financial security states that at least 60 days prior to the
expiration date, the bank will notify the City if the bank elects not to renew for an additional period.
The financial security shall secure compliance by the Developer with the terms of this Agreement.
The City may draw down on the irrevocable letter of credit or bond without any further notice than
that provided in Article 8 relating to an Owner or Developer Default, for any of the following
reasons:
a) an uncured Owner or Developer Default; or
b) upon the City receiving notice that the financial security will be
allowed to lapse before the periods set forth in the
Decommissioning Agreement; or
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c) failure to pay the City for any of the costs and expenses referenced
in Article 4.
The City may use these financial security proceeds to reimburse the City for its costs to take whatever
action is necessary to stabilize the Property for any of the reasons stated above. After the City Engineer
determines that Improvements have been constructed and after retaining 10% of amounts allocated in
Exhibit C for the public Improvements and all obligations in this agreement have been fulfilled, the
remaining proceeds shall be distributed to Developer.
If the City determines the Developer or Contractor did not strictly adhere to the approved
Development Plans or that work was done without required City inspection, the City may require, as
a condition of acceptance, the Developer post an irrevocable letter of credit, or cash deposit equal to
125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies
arising therefrom. The additional irrevocable letter of credit, or cash deposit, shall remain in force for
such time as the City deems necessary, not to exceed five years. In the event that work, which is
concealed, was done without permitting City inspection, then the City may, in the alternative, require
the Developer or Contractor expose the concealed condition or work for inspection purposes.
4.3 REIMBURSEMENT FOR CITY’S FEES. The Developer shall reimburse the City
for all reasonable inspection costs relating to the Improvements and all engineering, administrative,
legal and other expenses incurred or to be incurred by the City in connection with this Agreement.
The Developer and Owner shall deposit with the City a cash deposit for the amount of $10,000 as
described in Exhibit C to cover City expenses related to the project including but not limited to
planning, engineering, legal and administrative services, soil testing and inspection services. The cash
escrow must be deposited with the City prior to the City executing this Agreement. The City shall use
the cash deposit proceeds to reimburse the City for its costs and shall provide Developer and Owner
with written itemization of said reimbursements. Upon completion of the project, the City will return
the remaining proceeds to the Developer and Owner.
4.4 ENFORCEMENT COSTS. The Developer shall pay the City for costs incurred in
the enforcement of this Agreement, including planning, engineering, and attorneys’ fees.
ARTICLE 5
ADDITIONAL DEVELOPMENT REQUIREMENTS
5.1 MISCELLANEOUS REQUIREMENTS. Additional requirements for approval of
the Development Plans as specified by the City Council include the following:
a. The applicant shall secure any and all necessary permits required from local,
state, and federal entities prior to work on the site.
b. The applicant shall pay all fees and escrow costs related to the application.
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ARTICLE 6
WARRANTIES
6.1 WARRANTIES. Owner and Developer hereby warrants and represents the
following:
a. AUTHORITY. Developer and Owner has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement; no approvals or consents
of any persons are necessary in connection with the authority of Developer and Owner to enter into
and perform its obligations under this Agreement, other than approvals or consents that are required
to be obtained herein, pursuant to Article 2.
b. FULL DISCLOSURE. None of the representatives and warranties made by
Developer and Owner or made in any exhibit hereto or memorandum or writing furnished or to be
furnished by Developer and Owner or on its behalf contains or will contain any untrue statement of
material fact or omit any material fact the omission of which would be misleading.
c. PLAN COMPLIANCE. The Development Plans comply with all City,
County, metropolitan, state and federal laws and regulations, including but not limited to subdivision
ordinances, zoning ordinances and environmental regulations.
d. WARRANTY ON PROPER WORK AND MATERIALS. The
Developer warrants all work required to be performed by it under this Agreement against defective
material and faulty workmanship for a period of two years after its completion. During the warranty
period the Developer shall be solely responsible for all costs of performing repair work required by
the City within thirty days of notification. Any trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free for two years after planting. Any replacement landscape materials shall
be similarly warranted for one year from the time of planting. In addition, the warranty period for
Improvements shall be for two years after completion; the warranty for the Improvements also shall
include the obligation of the Developer to repair and correct and damage to or deficiency with respect
to such Improvements.
6.2 OWNER WARRANTIES. “Owner Warranties” means that the Owner hereby
warrants and represents the following:
a. FEE TITLE. The Owner owns fee title to the Subject Property.
6.3 CITY WARRANTIES. “City Warranties” means the City hereby warrants and
represents as follows:
a. ORGANIZATION. City is a municipal corporation duly incorporated and
validly existing in good standing under the laws of the State of Minnesota.
b. AUTHORITY. City has the right, power, legal capacity and authority to
enter into and perform its obligations under this Agreement.
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ARTICLE 7
INDEMNIFICATION OF CITY
7.1 INDEMNIFICATION OF CITY. Developer shall indemnify, defend and hold the
City, its Council, agents, employees, attorneys and representatives harmless against and in respect of
any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations,
liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that
the City incurs of suffers that arise out of, result from or relate to
a) breach by the Owner of the Owner Warranties;
b) breach by the Developer of Developer Warranties;
c) failure of the Developer to timely construct the Improvements
according to the Development Plans and the City ordinances,
standards and specifications;
d) failure by the Developer and Owner to observe or perform any
covenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement;
e) failure by the Developer to pay its contractors, subcontractors,
laborers, or materialmen;
f) failure by the Developer to pay for materials necessary to perform
under this Agreement;
g) failure to pay the City for any costs and expenses referenced in
Article 4 and 5;
h) failure by the Developer to obtain the necessary permits and
authorizations to construct the Improvements;
i) construction of the Improvements;
j) delays in construction of the Improvements.
ARTICLE 8
CITY REMEDIES UPON DEFAULT
8.1 CITY REMEDIES. If a Default occurs, that is not caused by Force Majeure, the
City shall give Formal Notice of the Default and the defaulting party shall have ten business days to
cure the Default. If the defaulting party, after Formal Notice to it by the City, does not cure the Default
within ten business days, then the City may avail itself of any remedy afforded by law and any of
the following remedies:
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a) The City may specifically enforce this Agreement;
b) The City may collect on the financial security or credit or cash
deposit pursuant to Article 4;
c) The City may suspend or deny building permits for buildings
within the Subject Property;
d) The City may suspend any work, improvement or obligation to be
performed by the City; and/or
e) The City may, at its sole option, certify against the Subject
Property, pursuant to Minn. Stat. § 444.075. subd. 3e, any unpaid
charges, and the Washington County Auditory/Property Tax
Assessor shall collect said unpaid charges in the year following
said certification as the other Property taxes are collected.
8.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event the
Developer and Owner breaches any provision or agreement contained in this Agreement and
thereafter is waived in writing by the City, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other concurrent, previous or subsequent breach
hereunder. All waivers by the City must be in writing.
8.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
City shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be
necessary to give notice, other than the Formal Notice.
ARTICLE 9
MISCELLANEOUS
9.1 CITY’S DUTIES. The terms of this Agreement shall not be considered an
affirmative duty upon the City to complete any Improvements.
9.2 NO THIRD-PARTY RECOURSE. Third parties shall have no recourse against the
City under this Agreement.
9.3 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.
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9.4 BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable Improvement Agreement shall run with the Subject Property, and
shall be binding upon the successors and assigns of the Developer and Owner. This Improvement
Agreement shall also run with and be binding upon any after acquired interest of the Developer and
Owner in the Subject Property.
9.5 ASSIGNMENT. The Developer and Owner may not assign this Improvement
Agreement without the written permission of the City which consent shall not be unreasonably
withheld, conditioned or delayed. The Developer and Owner’s obligations hereunder shall continue
in full force and effect, even if the Developer and Owner sells the Subject Property or any interest in
the property, unless the assignee in writing irrevocably assumes, agrees to perform, satisfy, discharge,
and be bound by all of the assigning party’s duties, liabilities, obligations, covenants, commitments,
and responsibilities arising under or relating to this Agreement, whether known or unknown, fixed or
contingent, and whether arising before, on, or after the effective date of the assignment, to the same
extent as if assignee were the original party thereto.
9.6 AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may extend the time for the
performance of any of the obligations of another, waive any inaccuracies in representations by another
contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
9.7 GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
9.8 COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall constitute one and the
same instrument.
9.9 HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only, and shall not affect the construction of
interpretation of any of its provisions.
9.10 INCONSISTENCY. If the Development Plans are inconsistent with the words of
this Agreement or if the obligation imposed hereunder upon the Developer and Owner are
inconsistent, then that provision or term which imposes a greater and more demanding obligation on
the Developer and Owner shall prevail.
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9.11 ACCESS. The Developer and Owner hereby grants to the City, its agents, employees,
officers, and contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City during the installation of Improvements.
9.12 TERM. This Agreement shall remain in place until the completion of construction
of the Improvement or until otherwise terminated by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
set forth above.
[The remainder of this page has been intentionally left blank.]
* * * SIGNATURES APPEAR ON THE FOLLOWING PAGES * * *
IN WITNESS WHEREOF, the parties have executed this Improvement Agreement.
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MN CSG 2019-69 LLC, a Minnesota limited liability company
By: _____________________
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2026 by ______________________, the _______________________ of MN CSG 2019-69 LLC,
a Minnesota limited liability company, on behalf of said corporation.
Notary Public
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Justin D. Barr Revocable Trust U/A
By: _____________________
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2026 by ______________________, the _______________________ of the Justin D. Barr
Revocable Trust U/A.
Notary Public
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CITY OF SCANDIA
By: _____________________________
Steve Kronmiller
Its: Mayor
Attest: _____________________________
Kyle Morell
Its: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2026 by Steve Kronmiller and Kyle Morell, the Mayor and City Administrator respectively, of the
City of Scandia, a Minnesota municipal corporation, on behalf of the City of Scandia.
_____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY: AFTER RECORDING
PLEASE RETURN TO:
Amanda Johnson # 0400128 City of Scandia
Eckberg Lammers 14727 209th St. N
1809 Northwestern Ave Scandia, MN 55073
Stillwater, MN 55082
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EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF GOVERNMENT LOT THREE (3), EXCEPT THE NORTH 151 FEET,
IN SECTION TWENTY (20), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY
(20), LYING NORTH AND WEST OF THE TOWNSHIP ROAD PRESENTLY
RUNNING OVER AND ACROSS SAID TRACT, WASHINGTON COUNTY,
MINNESOTA.
AND
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP
32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, EXCEPTING
THEREFROM THE WEST 483.50 FEET OF THE SOUTH 587.0 FEET THEREOF,
WASHINGTON COUNTY, MINNESOTA
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EXHIBIT B
DEVELOPMENT PLANS AND IMPROVEMENTS
The site shall be developed in substantial conformance with the following plans and review
comments as approved by the City that are on file with the City as part of Resolution 10-21-25-03,
except as may be modified by the conditions of approval.
T1 TITLE SHEET
PV1 EXISTING CONDITIONS
PV2 SITE PLAN
PV3 SAT RACKING DETAIL
PV4 FENCE DETAIL
PV5 STORMWATER MANAGEMENT DETAIL
PV6 TOPOGRAPHY DETAIL
PV7 PID & ZONING MAP DETAIL
PV8A LANDSCAPE PLAN A
PV8B LANDSCAPE PLAN B
PV8C SEEDING DETAIL
PV9 EROSION AND SEDIMENT CONTROL DETAIL
PV10 SOIL MAP
PV11 SETBACK MAP
PV12 TRAFFIC PLAN
E1 INTERCONNECTION DETAILS
NEE EDITS 9-14-2026
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EXHIBIT C
FINANCIAL SECURITY AND ADDITIONAL COSTS AND ESCROWS
All to be collected/ in place prior to and as a condition of issuance of Building Permit:
Required Decommissioning Bond - $565,000.000
Required Cash Escrow - $10,000.00
Required Vegetation Financial Assurance - $70,000.00