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

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were caused by Grantor or during Grantee ownership; use ar operation of the Property, without the prior written consent of Grantor. - - The above covenants end use re tictian5;.bi �d-and-fistrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor asi-.n o ri'rerai^-lessde,-of (ands in Anoka County, Minnesota, or as the operator of retail operations in such County. Those restrictiVe covenantsiwill kemain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these -restrictive.& venents Wili lapseland terminate and be of no further force or effect). . 7.. Defined Terms: Successors:.. her:. .AII initially: capitalized terms used in this Attachment #2 shall have the meanings ascribed to such terms as set f prth :in .tha. Deed. to which this Attachment #2 is attached. By taking title to the Property (or otherwise succeeding, directly/ (or indirectly, trs erjy of Grantee's right, title or interest in or to the Property), each Grantee Party shall be conclusively deerji�ed to.°hav agreed to and accepted each and all of the terms,' provisions and conditions of this Attachment #?, and to-0ye agreed o-be hifund thereby. It is the intention of Grantor and Grantee that the terms, provisions, covenants and restrictiorli set fo%th;iti flits Attachment #2 shall be deemed to have vested upon the execution and delivery of this Deed by Grantor. If an rof the-04na0s1r restrictions contained herein shall be unlawful, void or voidable for violation of the rule against perpetuities, then any uohicOy`enants and restrictions shall continue only until twenty-one (21) years after the death of the survivor of the riow livil?g_ . ascendants of George W. Bush. If any of the covenants or restrictions contained herein shall be unlawful, void or, Vyoid bt�'.f .,r. Yfdiafri in of any other statutory or common law rule(s) or regulations) imposing time limits, then any such coveridOts and:re4triptione shall continue only for the longest period permitted under such statutory or common law rule(s) or regulatl p.(s).: Wally,tenn, Orovision, condition, covenant or restriction in this Attachment #2 shall, to any extent, be invalid or unenforcel3ple, there alnd `er,of this Attachment #2 (or the application of such term, provision, �.- condition, covenant or restriction to persor't `or girc(imstances Other than in respect of which it is invalid or unenforceable) shall not be affected thereby, and each term, prifvisian; `do, diticrn,:Oovenant and restriction set forth in this Attachment #2 shall be valid and enforceable to the fullest extent rmitted=b t law,` grantee acknowledges, for itself and the other Grantee Parties, that the breach of any of the covenants .or+restrigtiort `contained in this Attachment #2 on the part of Grantee or any other Grantee Party will. result in irreparable har$ and °cont nuing ;damages to Grantor and Grantor's business, and that Grantor's remedy at law for any such breach or thre ened:breach,Wopjd be inadequate. Accordingly, in addition to such remedies as may be available to Grantor at law or in datiAy in the evnt.gf'ar`ry such breach, any court of competent jurisdiction may issue an injunction (both prefiminary and permanent), withaUt ond, enjoining and restricting the breach or threatened breach of any such covenant or restriction by' Grantee o iany! t ter Grantee Party. In the event that Grantee or any Grantee Party shall breach any of the covenants or restrictio: d set -forth ilrf this Attachment #2, then Grantee or such other Grantee Party (as applicable) shall pay all of Grantor's coste sand: ezpe,ises-(including reasonable attorneys' fees) .incurred in enforcing -such covenants and restrictions, - 995897.1