CCP 02-26-2001 - Laserfiche WebLink

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01/24/01 .15:09 FAX 612 332 2426 , SEMPER DEVELOPMENT LTD. 141 003 e e- . G ~/?J finally approved, Buyer agrees not to amend or modify the Design Plans without the prior written consent of Seller and that all improvements construeted on the Property shall be c~ in strict accordance with e approved Design Plans. Seller hereby approves the Site Plm and Elevations attached h Seller shall not unreasonably withhold approval of IIIlY design plans which have been approved by the City. Buyer acknowledges that Buyer shall not have any joint signage rights with Seller; (c) From and after Closing, Buyer and its successors and assigns, sbal1 use the Property only for the operation of a retail drug store constructed in accordance with the approved Design Plans and that the Property may not be used for the operation of a hotel, motel or other lodging use or for any of the following uses (i) bowling aIley, (ii) arcade, (iii) night club or discotheque, (iv) any "second hand" store, (v) any fire sale, bankruptcy sale (unless pursuant to a court ofller) or auction house operation, (vi) any m~.~~ge parlor or adult book store or other establishment selling items of a pomographic nature, (vii) any establishment selling drug paraphernalia. (viii) any unlawful use, (ix) any drug rehabilitation clinic, (x) any wanufacturing use, (xi) any off track or other betting establishment, (xii) any laundromat, or (Xiii) any funeral parlor. During the period of the coDStrUction of any improvements on the Property, all construction actively on the Property sball be limited to the hours of 8:00 lLm_ to 6:00 p.m. Monday through Friday with no construction activity on weekends or federally observed holidays. The forgoing restrictions shall lapse and be of no effect at such time a hotel or motel is no longer in operation for a ~od of twelve (12) consecutive months; and (d) The foregoing provisions of this Section 11.1 shall survive Closing and shall be covenants running with the land bjnAing upon the successon; and assigns of Buyer;. In the event Buyer or its successors or assigns breaches the covenants set forth in this Section 11.1, Seller shall have the right to exercise any and all remedies at law or in equity, including the right to seek (I"m"8es and to 5peGifically enforce the covenants by injunctive or other equitable relief. 11.2 Reciprocal Access A=ment.. Prior to the expiration of the Investigation Period, Seller aDd Buyer covenant and agree to negotiate in good faith the form of a reciprocal access agTeemeljlt (the "Reciprocal A=menO providing mutual access between the Property and certain other property owned by Seller adjacent to the Property. The Reciprocal Agreement sball be executed and delivered at Closing by Seller and Buyer and shall not provide for tnlck access on Sell~'s property or have the primary entry point for access to the Property by Buyer. Buyer covenants to construct and install separate driveways, entrances and curb cuts for such primary entry pomt_ The Reciprocal Easement shall include the following matters: (a) A temporary constrUction easement or Seller's remaining property, specified as to size, location and duration. i (b) Buyer shall be responsible for the transition between parlcing areas. Seller shall ha~e reasonable approval rights over specification for materials and construction details for curbs an~ asphalt areas. (c) No sharing of utilities. 14 F:\FILES\.p ALOREEN\MtNNESO'I\Arden HillslCtyRdElMplsMotclP A..doc