Agenda - Council - 07/22/2014 - Laserfiche WebLink

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4.2 Basement/Excavation RestrictiQn;::Np basements or other underground improvements, with the exception of building footings and underground utilities„II be cansiucted3n the Property. The above covenant and use rest- 4ilon'bindsyatid`r4stricts the Property as a covenant and restriction running with the land and is deemed to benefit (brantor as - ii owner or.rleesee Fef lands in Anoka County, Minnesota, or as the operator of retail operations in such County. This restrictiveEGovenent ill remain in full force and effect indefinitely, unless waived in writing by Grantor (at which time this restrictive covenant will laps and terminate and be of no further force or effect). 4.3 Relocation of: Monitorinai-Weils • and j Remediation Equipment: In the event that monitoring wells or other remediation equipment (collectively the— ernediation', Bquipi ienr) owned by Grantor or its contractors •or consultants are: (i) present at the Property on the date of thi icoriveyan a ..(ii) Subsequently required to be present on the Property after the date of this conveyance by any local, state, or f der* agen�yhaving jurisdiction over the Property, or (iii) otherwise installed at the r�pp Property by Grantor or its contractors onsyitants neither Grantee nor any Grantee Party will interfere with the use or - operation of the Remediation Equipment, ! r.damage or.dehiroy (or permit the damage or destruction of) any Remediation Equipment, In the event Grantee or any ter Grantee Party. damages or destroys any Remediation Equipment, -Grantee or such other Grantee Party (as applicable) shjall-pay; upon demand, Grantor's costs in repairing or replacing same. Neither Grantee nor ariy Grantee iparty shalt remove or relocate any Remediation Equipment without the prior written • consent of Grantor. In the event that G rotor consents :to any such removal or relocation, then either (at Grantor's sole election): (i) Grantee (or such other Granters P2rty.(as applicable)) shall perform such removal and/or relocation at its sole cost and expense, pursuant .to plena and speclt cations otich -here. been approved in writing by Grantor, and using contractors acceptable to Grantor (in which event Gra tor *and Its: ctintraetors and consultants shall have the right to be present at, and supervise, such removal or relocation), or' I} Grantor sbali perform (or cause to be performed) such removal and/or relocation, but ail costs and expenses of such remo pl or ;retocation :shell be borne solely by Grantee or such other Grantee Party (as applicable), and Grantee Or suth other Grehtee:Party (2s.ai iilicable) shall promptly reimburse Grantor for any such costs or expenses paid, sustained or intuited by Grantor.. - : The above covenants and use resbictions. bind and restrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor as an owner or leseee;of rands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restrictive covenants Will remain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive cbvenartts will (apse end terminate and be of no further force or effect). • 4.4 Enaineered Barrier: All "portipns:of:the Property, which are, from time to time or at any time, used for a gasoline station, petroleum station, automobile service station, automobile repair shop or any purpose similar to any of the foregoing, shall at all times be covered wide an engineered barrier consisting of a concrete or asphalt surface, or such other impermeable surface which is approved by tpiigable,etate or ederal regulations, and which is sufficient to inhibit the inhalation or Ingestion of contaminated media and tbh mpede cohtaminafnt migration.to any groundwater at or adjacent to the Property. Said concrete or asphalt surface on the Propertyshalt. be:Maintained and kept in good repair by Grantee and the other Grantee Parties (at their sole cost and expense).in cbmpliance with all flaws, rules, restrictions, ordinances and court orders. • The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor as e!n owner or lessee;of lands in Anoka County, Minnesota, or as the operator of retail operations In such County. These restrictive covenants wilt remain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive covenants lapse and terminate and be of no further force or effect). • 4.5 Construction Workers' option :S)atement: ;Prior to conducting any intrusive activities with respect to the Property, Grantee and the other Grantee Pi#itties shall cause alt construction workers performing'or assisting with such activities to be notified of possible petroleum hydra than jndounterV and appropriately trained and certified in accordance with all environmental, health and safety laws, rule; regulatio s and 'ordinances, including, without limitation, any and all Occupational Safetyand Health Administration OS A Hazarcous Wlaste Operations and Emergency Response . (HAZWOPER) requirements (including, without limitation,oseiset.fofttt in 29CFR 1910.120). Such training shall at a minimum include both an initial 40 hour and future 8 hour refresf,ertrdiriing brjd certifications in compliance with OSHA HAZWOPER requirements and any similar applicable requirements (Wlletherexisting as of the date of this conveyance or enacted or promulgated in the future). The above covenants and use restrictions bind"and restrict the Property as covenants and restrictions running with the land and are deemed to benefit :Grantor as an owner or.lessee Lot lands in Anoka County, Minnesota, or as the operator of retail operations in such County, These restrictite covenants Will rehiain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive ppvenents wfll lapse and terminate and be of no further force or effect).