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06.o Site Improvement Agreement - Barr Solar Energy SystemNEE EDITS 9-14-2026 1 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: NEE EDITS 9-14-2026 2 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 NEE EDITS 9-14-2026 3 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), NEE EDITS 9-14-2026 4 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 NEE EDITS 9-14-2026 5 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. NEE EDITS 9-14-2026 6 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 NEE EDITS 9-14-2026 7 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 NEE EDITS 9-14-2026 8 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. NEE EDITS 9-14-2026 9 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. NEE EDITS 9-14-2026 10 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: NEE EDITS 9-14-2026 11 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. NEE EDITS 9-14-2026 12 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. NEE EDITS 9-14-2026 13 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. NEE EDITS 9-14-2026 14 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 NEE EDITS 9-14-2026 15 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 NEE EDITS 9-14-2026 16 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 NEE EDITS 9-14-2026 17 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 NEE EDITS 9-14-2026 18 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 19 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