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

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5. Additional RestrictioPs: No part of the prOp,rerty Shall be used by Grantee or any other Grantee Party for a quick service or take-out restaurant, The above covenants and use re. _~,'ctionslbin,/:l and i~strict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor aS~n owner ol. I~s~Jeeiof lands in Anoka County, Minnesota, or as the operator of retail operations in such County. This restdctiv,e..'COvenant '/~ill remain in full force and effect indefinitely, unless waived in writing by Grantor (at wh ch t me th s restrictive covenant wi i aPse!~r~d t~i~rminate and be of no further force or effect). 6. Certain Environmental Covenan.~: 6.1 Cooperation: Grantee at~d each of ~he other Grantee Parties agrees to cooperate with Grantor and with all local, state, and federal environmental age,hcies having j~idsd~i~ion over the Property in obtaining environmental site closure, to commercial standards, for any environmer~{al contaminatibn (elating to or adsing out of Grantor's prior use of the Property. Said cooperation may include, 13ut not be limited to, th~foll°w!rig: (i) execution of any and:~ all documentation; as may be necessary, in Grantor's sole discretion, to obtain environmental site closure for the prOperty;.. (whic~h documentation may (x)include a LUST Form, in form and substance acceptable to Grantor, i~lnd/or (y) ihlP0se ~rther use and operating restrictions (and/or. use and Operating restrictions similar to those set forth in this .Attachh~ent #2) on the use of the Property by Grantee and the other Grantee Parties); (ii) attendance at any Meetings requested by Grantor relating to environmental contamination and remediation efforts on the Propertyi (and/or ar!y con~mmation that may have migrated from the Property to adjacent properties); and/or (iii) such other further reasonable actS!as may be required in. order to obtain environmental site closure for any past, present, or future environmental ihcident irelating to Grantor's prior use, ownership or operation of the- Property. (iv) should Grantee or ann Grantee P. arty f~l:or refuse to sign such documentation, or are unavailable to sign such documentation (after reason~b, le inqujrY'byiGran~or (such reasonableness to be determined by Grantor in its sole discretion)), Grantee or Grantee ~arties hereby irreYocably appoint any Environmental Business Manager of BP Products North Amedca Inc., f/Ida ~Amoco Oil .C(:impariy, (or any successor corporation thereto), as its attorney-in-fact' to sign and execute such documen~tion roi' arid On beha f of Grantee Or Grantee Parties Grantee and each of the other Grantee parties further authorizes Grantor to' record one 'or more "No Further Remediation Letters" or similar documentslagainst th~ Propeh'y, if and when the same is/are obtained by Grantor from the Minnesota Pollution Control Agency (or any ~uCCessor~Jgency).i. 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~l owner orilessee ~f lands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restrictive covenants Will re~a~n m full force and effect ~ndefimtely, unless waived in writing by Grantor (at which time these restrictive C~Venants wii! lapse and terminate and be of no further force or effect). 6.2 AcceDtanc;.e, of Condition ~f Propf~rW-: Grantee has accepted the Property including without limitation its environmental condition, in AS ilS" conditidri, subject 0nly toiany COvenants and obligations of Grantor to Grantee which are expressly set forth in the Real EState Contt~Ct bet~ee~ Gruner, as seller, and Grantee, as buyer, with respect to the Property (or any other documents or instruments ex?~u~' ted and d~livere~d;~by Grantor.and Grantee pursuant to said Real Estate Contract) (collectively, "Contractual Obligations'). G~ntee ackrioWiedg~s that the purchase price which it has paid for the Property reflects: (i) the fact that each and all of the c, bvena'nts and resections set forth in this Attachment #2 shall be recorded against the Property and shall be bindin~ on Grante~ and the~o{her Gmhtee Parties, (ii) the fact that Grantee has agreed to acquire the Property, including without limitation its en~.ronmental!conditi~n, in "AS IS" condition (subject only.to Grantor's Contractual' Obligations (if any) to Grantee); and (iii) th~ fact that Grantee has agreed to acquire the Property subject to the presence whether known or unknown, of any enwronmental corltamtnatlon which may have occurred dUdng or pdor to the period of Grantor's ownership, use and/or operationlof the Pr0perty!(subject only to Grantor's Contractual Obligations (if any) to Grantee). 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 fin owner or leSSee!of lands in Anoka County, Minnesota, or as the operator of retail operations in such C.ounty. These restrictivecovenan~ Wiil~remain in full force and effect indefinitely unless Waived n wrtng by Grantor (at which time these restrictive c~enants willI lapseand terminate and be of no further force or effect). 6.3 Dealinqs with Governmental AUthqrities and Third Parties: In the event that Grantee or any other Grantee Party receives any notices or correspondeir{c, e from arty local, state or federal governmental authorities or any third party relating to the environmental condition of thel Property Granta~ ~Sr such Grantee Party (as applicable) shall immediately forward a copy of same to Grantor. Grantor shall .~t' ave the right (bbi; not the obligation) to participate with 'Grantee and the other Grantee Part~es m negot~abons w~th and s.al)missions _of reports and ~nformabon, including permits, to any local, state and federal governmental authorities:(includingI [withoUt-!imttation,!the Minnesota Pollution Control Agency). Except to the extent required under applicable law or by court ord ~rr Of a cour~ of ~C°~Petent jurisdiction, neither Grantee nor any other Grantee Party shall submit reports or information regardinll~any ~nvir~nrnen~l conditions present at (or migrating from) the Property which .