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CCP 02-26-2001
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CCP 02-26-2001
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<br />01/24/01 .15:09 FAX 612 332 2426 <br />, <br /> <br />SEMPER DEVELOPMENT LTD. <br /> <br />141 003 <br /> <br />e <br /> <br />e- <br /> <br />. <br /> <br /> <br />G ~/?J <br /> <br />finally approved, Buyer agrees not to amend or modify the Design Plans without the prior <br />written consent of Seller and that all improvements construeted on the Property shall be <br />c~ in strict accordance with e approved Design Plans. Seller hereby approves the Site <br />Plm and Elevations attached h Seller shall not unreasonably withhold approval of IIIlY <br />design plans which have been approved by the City. Buyer acknowledges that Buyer shall not <br />have any joint signage rights with Seller; <br /> <br />(c) From and after Closing, Buyer and its successors and assigns, sbal1 use the <br />Property only for the operation of a retail drug store constructed in accordance with the approved <br />Design Plans and that the Property may not be used for the operation of a hotel, motel or other <br />lodging use or for any of the following uses (i) bowling aIley, (ii) arcade, (iii) night club or <br />discotheque, (iv) any "second hand" store, (v) any fire sale, bankruptcy sale (unless pursuant to a <br />court ofller) or auction house operation, (vi) any m~.~~ge parlor or adult book store or other <br />establishment selling items of a pomographic nature, (vii) any establishment selling drug <br />paraphernalia. (viii) any unlawful use, (ix) any drug rehabilitation clinic, (x) any wanufacturing <br />use, (xi) any off track or other betting establishment, (xii) any laundromat, or (Xiii) any funeral <br />parlor. During the period of the coDStrUction of any improvements on the Property, all <br />construction actively on the Property sball be limited to the hours of 8:00 lLm_ to 6:00 p.m. <br />Monday through Friday with no construction activity on weekends or federally observed <br />holidays. The forgoing restrictions shall lapse and be of no effect at such time a hotel or motel is <br />no longer in operation for a ~od of twelve (12) consecutive months; and <br /> <br />(d) The foregoing provisions of this Section 11.1 shall survive Closing and <br />shall be covenants running with the land bjnAing upon the successon; and assigns of Buyer;. In <br />the event Buyer or its successors or assigns breaches the covenants set forth in this Section 11.1, <br />Seller shall have the right to exercise any and all remedies at law or in equity, including the right <br />to seek (I"m"8es and to 5peGifically enforce the covenants by injunctive or other equitable relief. <br /> <br />11.2 Reciprocal Access A=ment.. Prior to the expiration of the Investigation Period, <br />Seller aDd Buyer covenant and agree to negotiate in good faith the form of a reciprocal access <br />agTeemeljlt (the "Reciprocal A=menO providing mutual access between the Property and <br />certain other property owned by Seller adjacent to the Property. The Reciprocal Agreement sball <br />be executed and delivered at Closing by Seller and Buyer and shall not provide for tnlck access <br />on Sell~'s property or have the primary entry point for access to the Property by Buyer. Buyer <br />covenants to construct and install separate driveways, entrances and curb cuts for such primary <br />entry pomt_ The Reciprocal Easement shall include the following matters: <br /> <br />(a) A temporary constrUction easement or Seller's remaining property, <br />specified as to size, location and duration. <br /> <br />i (b) Buyer shall be responsible for the transition between parlcing areas. Seller <br />shall ha~e reasonable approval rights over specification for materials and construction details for <br />curbs an~ asphalt areas. <br /> <br />(c) No sharing of utilities. <br /> <br />14 <br />F:\FILES\.p ALOREEN\MtNNESO'I\Arden HillslCtyRdElMplsMotclP A..doc <br />
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