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

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were caused by Grantor or during GrantOr's oWnership; use Or operation of the Property, without the prior written consent of Grantor. The above covenants end use re~ctionS:bir~di'~nid i'~strict the Property as covenants and restrictions running with the land and are deemed to benefi~ Grantor a~[ r~n 0wr~ero~r I~s~e~e_''' of lands in Anoka County, Minnesota, or as the operator of retail.' operations in such County. These restrictive C°venantsiwill ~remain in full force and effect indefinitely, unless .waived in writing by Grantor (at which time these:restrictive Covenants ~11 rlaPs~eiand terminate and be of no further force or effect). 7. Defined Terms; SucCessors; ~ther: All iinitiallY;.capitalized terms used in this Attachment#2 shall have the meanings ascribed to such terms as set!forth lin the Deed to which this Attachment#2 is attached. By taking title to the Property (or otherwise succeeding, direcfi¢ior indirect,y. t8 ar!y of Grantee's dght, title or interest in or to the Property), each Grantee Party shall be conclUSively deeCjed to ~hav_~ agree~l to and accepted each and all of the terms, provisions and conditions of this Attachment #2, and to.h~,,e agreed ~o~be ~und thereby. It is the intention of Grantor and Grantee that the terms, provisions, covenants and restdctior~_ set forth itl this A~chment #2 Shall be deemed to have vested upon the execution and delivery of this Deed by Grantor. If anyiof the coV~nan-ts',dr restrictions contained herein shall be unlawful, void or voidable for violation of the rule against Perpetuities, then any suohic~'~enants and restrictions shall continue only unt twenty-one (21) years after the death of the surv' ivor of the',.~ow iivii!g ~e~cer~(J,,ants of George W, Bush. If any of the covenants or restrictions contained herein shall be unlawful, void o.~. ~/oida. blef(jr.?idla~ibn of any other statutory or common law rule(s) or regulation(s) imposing time limits, then any such coveri~t~ts and:re~tri~tioh~ Shall continue only for the longest period perm tted under sUch statutory or common law rule(s) or reguleti~)~(s).; Ifr;an)?.term,! i~rovision, condition, covenant or restriction in this Attachment #2 shall, to any extent, be invalid or unenforce~lble, there~aindelr~of this Attachment #2 (or the application of such term, provision, condition, covenant or restnction to persori~, for C[r68m~tanCesr (~ther than in respect of Which it is invalid or unenforceable) shall not be affected thereby and each term p~visiOn,'i'~r~diflOn,:~,ovenant and restriction set forth in this Attachment #2 sha be vahd and enforceable to the fullest extent p¢. rmdted-by law. ' 6rantee acknowledges, for dself and the other Grantee Part,es, that the breach of any of the COvenants orlreSttiction~ bohtained in this Attachment #2 on the Part of Grantee or any other Grantee Party will result in irreparable harn~ and ;continuing id_'amages to Grantor and Grantor's business and that Grantor's remedy at law for any such breach or threa~ened:brea, ch.wouJ, d be ~nadequate. Accordingly, ~n addition to such remedies as may be available to Grantor at law or in equ~ in the event Orf ~_Y such breach, any court of competent jurisdiction may issue an injunction (both preliminary and perrnanei~), without I:Jond; er~joining and restricting the breach or threatened breach of any such covenant or restncton by Grantee o_r;any otheriGrante~ Party. In the event that Grantee or any Grantee Party shall breach any of the covenants or restdctio~i~ set forth ~irf this Attachment #2, then Grantee or such other Grantee Party (as applicable) shall pay all of Grantor's cost~iand eXpedses(ih~:luding reasonable attorneys' fees) incurred in enforcing such covenants and restrictions. 995897.1