Agenda - Council - 03/22/2005 - Laserfiche WebLink

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4.2 Basement/Excavation Res~dctiPn:. !N~ basements or other underground improvements, with the exception of building footings and underground utilities; ~ill bb c°ns~Cted On the Property. The above covenant and use re$~tionrl3indS!a~d~re~{~ rict.S the Property as a covenant and restriction running with the land and s deemed to benefit Grantor as i~rt 0wl~ei, °ri!lebsee~i ~f lands in Anoka County, Minnesota, or as the operator of retail operations in such County. This restrictive[cOvenant Will remaln in full force and effect indefinitely, unless waived in writing by Grantor (at which time this restrictive coven~t Will laps~ and te~'minate and be of no further force or effect). 4.3 Relocation .of~Monitorin;q~iWells=and~Reme(~ietlon Equipment: In the event that monitoring wells or other remediation equ pment (collectively the p;emediation! Equipn~ent') owned by Grantor or its contractors or consultants are: (i) present at the Property on the date of thi~iconVeYan~e; (ii) ~s~bsequently reqUired to be present on the Property after the date of this conveyance by any local, state, or f~derai agen~;Y having jurisdiction over the Property, or (iii) otherwise installed at the Property by Grantor or its contractors or ¢.~nSUltants; neither Grantee nor any Grantee Party will interfere with the use or operation of the Remediation Equipment~ !dr damage!or-de~st;roy (or permit the damage or destruction of) any Remediation Equipment. In the event Grantee or any,(~ther.. Grantee;partyl, damages or destroys any Remed etlon Equipment, Grantee or such other Grantee Party (as applicable) sh~ll pay, upon demahd, Grantor's costs in repairing or replacing same. Neither Grantee nor ar~y Grantee ~arty shall remove ,or relocate any Remediation Equipment Without the prior written consent of Grantor. In the event that G~ntor C°n~ents ~to any such removal or relocation, then either (at Grantor's sole elect on) (i) Grantee (or such other Grante~ party (as aPPli.C~, ~le)) shall perform such removal and/or relocation at its sole cost and expense, pursuant to plans and spe~f~cafiorl8 which ~h~e. been approved in writing by Grantor, and using contractors acceptable to Grantor (in whictl event Gra~,or and !ts~ contra~ors and consultants shall have the right to be present at, and supervise, such removal or reloCation), or ~iI Gtarit0t; shall ~rform (or cause to be performed) such removal and/or relocation, but all costs and expenses of ~ucll remov~!l or relocation ~shall be borne solely by Grantee or such other Grantee Party (as applicable), and Grantee Or such other Gr~htee=Partyi(as al~l~licable) shall promptly reimburse Grantor for any such costs or expenses paid, sustained or incurred by Grantor. ~ The above covenants and use resections bind and restrict the Property as covenants and restriCtions running with the land and are deemed to benefit Grantor as ~,n oWner or~' esseeiof lands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restdcfl~ covenants will remain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive c~venants Wiil lapse and terminate and be of no further force or effect). 4.4 Enq neered Barder: All ~rtionS'of ;the prOperty. whiCh are, from time to time or at any time, used for a gasoline station, petroleum station, automobile' Service stati°r~, automobile repair shop or any purpose similar to any of the foregoing shall at all times be Covered wi~ an engineered barrier consisting of a concrete or asphalt surface, or such other impermeable surface which is approved by iat3plicabi~.state or f_'ederal regulations, and which .is sufficient to inhibit the inhalation or ingestion of contaminated media and to~!mped-e coht~mina~t migration to any groundwater at or adjacent to the Property. Said concrete or asphalt surface on the Pro~pertyShail be maii~ined and kept in good repair by Grantee and the other Grantee Parties (at their sole cost and expense) in compliance With all ilaws, rules, restrictions, ordinances and court orders. ~' ; - ~r The above covenants and use restrictions bin~l and restrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor as ~ owner o~ lessee iof lands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restrictf'~e covenan~ wilt remain in full force and effect indefinitely, unless waived in wdting by Grantor (at wh ch time these restrictive covenants wiil iapsb and terminate and be of no further force or effect). · 4.5 Construction Workers' C~'utiorl ::~t~atement: ~Pdor to conducting any intrusive activities with respect to the Property, Grantee and the othe¢ Grantee P~ie8 ~h8il qa~se al!-construction workers performing'or assisting with such activities to be notified of possible petrOleum hydr ~de~arbon encounters and appropriately trained and certified in accordance with all environmental, health and safety laws, rule~; regulati°ds and !O?dinances, including, without limitation, any and all Occupational Safety and Health Administration (OSHA)'HazardoUs Waste Operations and Emergency Response (HAZWOPER) requirements (inc uding without, limitafion,,~l~oseset, fo'~ in 2g CFR 1910.120). Such training shall at a minimum include both an initial 40 hour and future 8 hour refres'~ri~dining ~nd C~dJfications in compliance with OSHA HAZWOPER requirements and any similar applicable requirements (Wllether exis!ing as (3f the date of this conveyance or enacted or promulgated in the future). ~ The above covenants and use restrictions bind and re;strict the Property as covenants and restrictions running With the land and are deemed to benefit Grantor as ~rn owner o~ lessee ~-of lands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restrictive covertan~ Will ~efnain in full force and effect indefinitely, unless waived .in writing by Grantor (at which time these restrictive c.~enant8 Will lapse ~nd terminate and be of no further force or effect).