|
election): (i) Grantee (or such other Grantee Party (as applicable)) shall perform such removal and/or relocation at its sole cost
<br />and expense, pursuant to plans and specifications which have been approved in writing by Grantor, and using contractors
<br />acceptable to Grantor (in which event Grantor and its contractors and consultants shall have the right to be present at, and
<br />supervise, such removal or relocation), or (ii) Grantor shall perform (or cause to be performed) such removal and/or relocation,
<br />but all costs and expenses of such removal or relocation shall be borne solely by Grantee or such other Grantee Party (as
<br />applicable), and Grantee or such other Grantee Party (as applicable) shall promptly reimburse Grantor for any such costs or
<br />expenses paid, sustained or incurred by Grantor.
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />4.4 Enaineered Barrier: All portions of the Property, which are, from time to time or at any time, used for a
<br />gasoline station, petroleum station, automobile service station, automobile repair shop or any purpose similar to any of the
<br />foregoing, shall at all times be covered with an engineered barrier consisting of a concrete or asphalt surface, or such other
<br />impermeable surface which is approved by applicable state or federal regulations, and which is sufficient to inhibit the inhalation
<br />or ingestion of contaminated media and to impede contaminant migration to any groundwater at or adjacent to the Property.
<br />Said concrete or asphalt surface on the Property shall be maintained and kept in good repair by Grantee and the other Grantee
<br />Parties (at their sole cost and expense) in compliance with all laws, rules, restrictions, ordinances and court orders.
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />4.5 Construction Workers' Caution Statement: Prior to conducting any intrusive activities with respect to the
<br />Property, Grantee and the other Grantee Parties shall cause all construction workers performing or assisting with such activities
<br />to be notified of possible petroleum hydrocarbon encounters and appropriately trained and certified in accordance with all
<br />environmental, health and safety laws, rules, regulations and ordinances, including, without limitation, any and all Occupational
<br />Safety and Health Administration (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER)
<br />requirements (including, without [imitation, those set forth in 29 CFR 1910.120). Such training shall at a minimum include both
<br />an initial 40 hour and future 8 hour refresher training and certifications in compliance with OSHA HAZWOPER requirements
<br />and any similar applicable requirements (whether existing as of the date of this conveyance or enacted or promulgated in the
<br />future).
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />5. Additional Restrictions: No part of the Property shall be used by Grantee or any other Grantee Party for a quick
<br />service or take-out restaurant.
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. This restrictive covenant will remain in full force and effect indefinitely, unless waived in writing by
<br />Grantor (at which time this restrictive covenant will lapse and terminate and be of no further force or effect).
<br />6. Certain Environmental Covenants:
<br />6.1 Cooperation: Grantee and each of the other Grantee Parties agrees to cooperate with Grantor and with all
<br />local, state, and federal environmental agencies having jurisdiction over the Property in obtaining environmental site closure, to
<br />commercial standards, for any environmental contamination relating to or arising out of Grantor's prior use of the Property.
<br />Said cooperation may include, but not be limited to, the following:
<br />(i) execution of any and all documentation as may be necessary, in Grantor's sole discretion, to obtain
<br />environmental site closure for the Property (which documentation may (x) include a LUST Form, in form and
<br />substance acceptable to Grantor, and/or (y) impose further use and operating restrictions (and/or use and operating
<br />restrictions similar to those set forth in this Attachment #2) on the use of the Property by Grantee and the other
<br />Grantee Parties);
<br />(ii) attendance at any meetings requested by Grantor relating to environmental contamination and
<br />remediation efforts on the Property (and/or any contamination that may have migrated from the Property to adjacent
<br />properties); and/or
<br />(iii) such other further reasonable acts as may be required in order to obtain environmental site closure for
<br />any past, present, or future environmental incident relating to Grantor's prior use, ownership or operation of the
<br />Property.
<br />(iv) should Grantee or any Grantee Party fail or refuse to sign such documentation, or are unavailable to sign
<br />such documentation (after reasonable inquiry by Grantor (such reasonableness to be determined by Grantor in its sole
<br />discretion)), Grantee or Grantee Parties hereby irrevocably appoint any Environmental Business Manager of BP
<br />Products North America Inc., f/k/a Amoco Oil Company, (or any successor corporation thereto), as its attorney -in -fact
<br />to sign and execute such documentation for and on behalf of Grantee or Grantee Parties.
<br />Grantee and each of the other Grantee Parties further authorizes Grantor to record one or more "No Further
<br />Remediation Letters" or similar documents against the Property, if and when the same is/are obtained by Grantor from the
<br />Minnesota Pollution Control Agency (or any successor agency).
<br />The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the
<br />land and are deemed to benefit Grantor as an owner or lessee of lands in Anoka County, Minnesota, or as the operator of retail
<br />operations in such County. These restrictive covenants will remain in full force and effect indefinitely, unless waived in writing
<br />by Grantor (at which time these restrictive covenants will lapse and terminate and be of no further force or effect).
<br />6.2 Acceptance of Condition of Property: Grantee has accepted the Property, including without limitation its
<br />environmental condition, in "AS IS" condition, subject only to any covenants and obligations of Grantor to Grantee which are
<br />expressly set forth in the Real Estate Contract between Grantor, as seller, and Grantee, as buyer, with respect to the Property
<br />(or any other documents or instruments executed and delivered by Grantor and Grantee pursuant to said Real Estate Contract)
<br />(collectively, "Contractual Obligations"). Grantee acknowledges that the purchase price which it has paid for the Property
<br />reflects: (i) the fact that each and all of the covenants and restrictions set forth in this Attachment #2 shall be recorded against
<br />
|