CC PACKET 05252010 - Laserfiche WebLink

Home Browse Search

r � 70 Exhibit L-2 Sketch of easements to be terminated upon completion of ( construction of Improvements Exhibit M Sketch of easements created Exhibit. N Legal descriptions and pictorial of new easements ExhibitN-1 Pictorial.ofEntrance .MonumentSign. Exhibit O Legal Description for New Municipal Liquor Store Tract Exhibit P Wal-Mart:Directional Monument Sign Exhibit Cub Directional Monument Sign g. IttrrPYmmmunts" means any Building, parking areas, sidewalks, loading areas, retaining walls, fences, storm. water drainage system, sanitary sewer system, watermains, walls, hedges, landscaping, plantings, polespsignsi structures of any type or kind, and the permanent resultof any other actions taken for improvements on a Tract. h. "Mortgage" rrieans any bona fide mortgage, deed of trustor conveyance of a Tract or any interest therein or portion thereof which secures .the performance of an obligation which, upon completion of such performance, will be released, discharged orreeonveyed. i. "Mortgagee" means the mortgagee, secured party or other beneficiary of a. Mortgage. j- "Owner or Owners" means the fee owner or owners of all or, any part of any Tracts. Tenants and lessees under leases for all or part of.anyTract shall have and enjoy such rights and privileges under this Amended REA as are granted to them in their respective leases or as specifically provided pursuant to.the terms of this Amended REA. The approval by the City and/or the HRA under the Amended REA is approval as an Owner or future owner under the Amended REA, but not the City as to review, approval, and enforcement of the City of Saint Anthony codes, rules, regulations and laws. In addition, so long as the Cub Lease is in effect and Cub shall not have committed an event of default under the Cub Lease beyond any applicable cure period, then Cub's prior written consent and approval shall be required (pursuant to consent and approval rights granted to the Owner of the Cub Tract under this Amended REA) concurrently with the obtaining of consent from the Owner of the Cub Tract and no amendment may be made to this Amended REA without first obtaining the prior written consent of Cub to each such amendment. These aforementioned consent rights apply only to Cub and not to any assignee or subtenant of Cub, and, in each such instance, such consent sliallnot be unreasonably withheld, delayed or conditioned`. Likewise and also in addition, so long as the Wal-Mart lease is in effect and Wal- Mart shall not have committed an event of default under the Wal' -Mart Lease beyond any applicable cure period, then Wal -Mart's prior written consent and -5- 23