CVS

Confidentiality Agreement

CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ("Agreement") is made this 24th day of April, 2024, by and between tbd ("Owner"), and ("Recipient"), having an address at 4050 Dean Lakes Blvd , Shakopee, MN 55379. (Owner and Recipient are hereinafter sometimes referred to collectively as the "Parties" and individually as a "Party"). R E C I T A L S: WHEREAS, the Parties may engage in or are currently engaged in discussions concerning a potential transaction relating to that certain retail shopping center located at 4050 Dean Lakes Blvd , Shakopee, MN 55379 which is commonly known as "CVS" (the "Property"); and WHEREAS, in connection with such discussions, Owner anticipates that Owner may provide Recipient with certain confidential and/or proprietary information of Owner; and WHEREAS, the Parties further recognize and acknowledge that the Confidential Information (hereinafter defined) is valuable, proprietary, special and unique and that protection of this information is of critical importance to Owner in maintaining its competitive position. NOW, THEREFORE, for and in consideration of the premises and mutual agreements set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Acknowledgment of Confidentiality. Recipient recognizes and acknowledges that during the course of discussions or negotiations relating to the potential sale of the Property by Owner to Recipient ("Potential Transaction"), Owner may deliver to Recipient certain written or printed confidential and/or proprietary business information, including, but not limited to, rent rolls and operating statements for the Property (collectively, "Confidential Information"). Recipient agrees that Confidential Information received by it from Owner in the furtherance of the evaluation of the Potential Transaction must (a) be received and maintained in strict confidence, (b) be used only for the purposes of the Potential Transaction, and (c) not be disclosed (except as otherwise permitted herein or required by law or legal process) to any person, firm, corporation, association, organization or other entity of any nature for any reason or purpose whatsoever without the express prior written consent of Owner. Recipient agrees that the foregoing restriction on the use of the Confidential Information, includes, without limitation, Recipient's agreement not to (d) contact any tenant of the Property, (e) contact any vendor or contractor providing services to the Property, or (e) use the financial or rent roll information for comparison of the Property to any other property. 2. Exceptions to Confidential Information. Notwithstanding anything herein to the contrary, no obligation or liability accrues hereunder with respect to Confidential Information, that (a) is or becomes publicly available other than as a result of acts byRecipient or its representatives in violation of this Agreement, (b) is, on the advice of counsel, required to be disclosed by law or by legal process, or (c) is disclosed byRecipient to its necessary agents or representatives in connection with evaluation of the proposed purchase as long as Recipient requires confidentiality with respect to such information. 3. Return of Confidential Information. Recipient must return all Confidential Information to Owner together with all copies thereof on or prior to the earlier of (a) the termination of negotiations for the purchase and sale of the Property by either Party, (b) the expiration or earlier termination of any contract of purchase and sale between the Parties relating to the Property, or (c) 60 days from the date hereof, unless on or prior to such date Owner and Recipient have entered into a formal written contract of sale. 4. Enforcement and Governing Law. In the event of a breach of any of this Agreement by Recipient, Owner shall be entitled to seek such remedies as may be available at law or in equity, including an action for damages, specific performance, injunction, accounting, or otherwise. Owner shall be entitled to recover, as part of its judgment, Owner's attorney's fees and court costs. The laws of the State of Texas govern the terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

Sign Below *

• Absolute Triple Net Lease – No landlord responsibilities
• Corporate Guaranteed Lease with approximately 8.8 years remaining
• Upgraded Store – CVS recently renovated the store to include a HealthHub
• Well situated site – outparcel to Lowe’s anchored shopping center
• Signalized Intersection - located at the SEC of Mystic Lake Dr (26,133 VPD) and Dean Lakes Blvd (9,013 VPD)
• Affluent demographics – average household income over $189,000 within a 1-mile radius

This freestanding, 14,699 square foot CVS is situated on 1.73 acres of land. CVS has approximately 8.8 years remaining on the initial term of the lease, including a rent holiday for the final three years. CVS has 10 additional five-year options. The site is located at the SEC of Dean Lakes Blvd and Mystic Lake Dr in Shakopee, MN ~ 16 miles from the Minneapolis Central Business District.

This CVS benefits from an average household income of $189,000 per year within a 1-mile radius. This property is an outparcel to Lowe’s and has over 35,000 vehicles pass through the intersection of Dean Lakes Blvd and Mystic Lake Dr daily. Over 41,000 residents with an average household income of $151,402 within a 3-mile radius of the Property.

Shakopee, an affluent, high growth suburb of Minneapolis, is home to Canterbury Park (NASDAQ: CPHC), a high performing race track/casino in an area poised for development. Notably, a 19,000 seat amphitheater neighboring the race track is planned for construction, part of a $400mm mixed-use development including offices, retail, hotels and housing.

CVS has upgraded the store with a HealthHub, demonstrating its commitment to the site. The HealthHub is a key component to CVS’s strategic initiative to evolve as a “Health Destination” rather than a corner drugstore. Approximately 10% of CVS stores are upgraded with a HealthHub.