Reso 1996-016 to 020 - Laserfiche WebLink

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EXHIBIT A RECORD OF RESTRICTIVE COVENANT THIS INSTRUMENT dated this 5th day of February, 1996 by THE CITY OF SAN LEANDRO REDEVELOPMENT AGENCY with offices at 835 E. 14th in San Leandro, CA 94577, ("OWNER") in favor of SHELL OIL COMPANY, a Delaware Corporation with offices at 1390 Willow Pass Road, Suite 900 in Concord, California 94520/P.O. Box 4023 in Concord, California 94524 ("SHELL") witnesses and records the following: OWNER as OWNER of the property described as follows ("BURDEN PREMISES"): (Property description) of all other land owned by Seller that is part of the Phase II development, the final legal description of which will be prepared by a licensed surveyor at a later date. that so long as the BENEFITED PREMISES or any part thereof, are used as an automobile service station or as a fast food restaurant as herein after defined and in any event, during the period of TWENTY (20) years after the date hereof, that the BURDENED PREMISES of any part thereof, shall not be used to distribute, store, advertise or sell motor vehicle fuel, and shall not be used to sell directly competing fast food items which duplicate the major items sold by a food vendor on the Benefited Premises. For the purpose of this Instrument, automobile service station is here defined as any facility that Shell may select which includes any one or more of the following uses: (a) the retail sale of motor vehicle fuels including any associated uses such as convenience store, food mart or car wash operations. Fast food restaurant is hereby defined as any restaurant that serves self service food for take out or in house consumption. SHELL's waiver if any breach of this covenant shall not constitute a waiver of this covenant or of any subsequent breach hereof. This administrators, executors, successors and assigns, and shall insure to the benefit of SHELL'S successors and assigns.