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2026-03-26 24-71382 Declaration of Easements
DECLARATION OF EASEMENTS, COVENANTS, AND RESTRICTIONS THIS DECLARATION OF EASEMENTS, COVENANTS, AND RESTRICTIONS (this "Declaration") is made as of this 2.Vday or IK , 2026 (the "Effective Date"), by Java Albertville Retail LLC, a Minnesota limited liability company ("Declarant"). Preliminary Statement of Facts A. Declarant is the owner of certain real property located in the City of Albertville (the "City") Wright County, Minnesota (the "Property") legally described on Exhibit A attached hereto and incorporated herein by reference. B. The Property consists of three (3) parcels of real estate designated on Exhibit A as "Parcel One", "Parcel Two and the "Pond Parcel". Parcel One, Parcel Two and Parcel Three are singularly referred to herein as a "Parcel" and collectively as the "Parcels". Parcel One and Parcel Two are sometimes collectively referred to as the "Developed Parcels". Each of the Parcels are depicted on Exhibit B, attached hereto and made a part hereof (the "Site Plan"). C. For purposes of this Declaration, the owner of Parcel One is referred to as the "Parcel One Owner", the owner of Parcel Two is referred to as the "Parcel Two Owner" and the owner of the Pond Parcel is referred to as the "Pond Parcel Owner". The three Parcel Owners are singularly referred to herein as an "Owner" and collectively as the "Owners". For purposes of this Declaration the tenants, guests, users and invitees of an Owner are referred to as "Permitted Users". 1 D. Declarant desires to provide for the construction of a roadway over, under and across the Developed Parcels to provide access from the Parcels to public roads and to create a stormwater drainage and retention pond system for the benefit of the Parcels. E. Declarant also desires to create (i) easements benefitting and burdening the Parcels for the Critical Access Drive, (ii) easements for the stormwater drainage and retention pond system, and (iii) establish certain other covenants, obligations, and restrictions of the Parcels, as more particularly set forth herein. F. Pursuant to that certain Aldi Ground Lease Agreement dated effective December 19, 2025 (collectively, as may be amended from time to time, the "Aldi Lease"), the Declarant has leased to Ald Inc. (Minnesota), a Minnesota corporation, and its successors and assigns (collectively, "Aldi"), and Aldi has leased from Declarant, Parcel Two. Pursuant to the Aldi Lease, Aldi has exclusive possession and use of Parcel Two during the term of the Aldi Lease, including any continuations, renewals, or extensions permitted thereunder (the "Aldi Lease Term"). NOW, THEREFORE, Declarant hereby declares as follows: Section 1. Critical Access Drive Easement. 1.1 Creation of Critical Access Drive Easement. Each Developed Parcel shall be subject to, and benefited by, a permanent, nonexclusive easement (the "Critical Access Drive Easement') over, under and across that portion of the Parcels (the "Critical Access Drive") now or hereafter constructed upon the Developed Parcel included within the easement area (the "Critical Access Drive Easement Area") legally described on Exhibit D attached hereto and made a part hereof depicted on Exhibit D4 attached hereto and made a part hereof. The Critical Access Drive Easement located on a Parcel shall run for the benefit all of the Parcels. The purpose of the Critical Access Drive Easement is to provide vehicular and pedestrian ingress, egress, passage, and traffic to and from the Parcels to and from Mackenzie Avenue NE and 60th Street NE. 1.2 Use of Critical Access Drive. The Critical Access Drive shall be used solely for vehicular and pedestrian access and roadway purposes. No Owner nor its Permitted Users shall interfere with the use and operation of the Critical Access Drive. No Owner nor its Permitted users shall (during the Aldi Lease Term) alter, relocate, or close the Critical Access Drive without the prior written consent of Aldi, except as otherwise required by Laws (defined below). The Critical Access Drive Easement shall be used solely for the benefit of each Parcel and the Critical Access Drive Easement rights may not be assigned or sold separately from the ownership of a Parcel. 1.3 Construction of Critical Access Drive and Retention Pond and Utilities. The Parcel One Owner shall construct and develop the Critical Access Drive (including the Retention Pond (defined in Section 2.1(a) below) piping located underneath the Critical Access Drive, the Retention Pond, and shared utilities serving both Parcel One and Parcel Two, including sanitary, water, and stormwater lines to be stubbed into Parcel One and Parcel Two (the "Utilities"), according to the plans and specifications thereof (the "Approved Plans") referenced on Exhibit C attached hereto and made a part hereof (collectively, the "Drive, Pond, and Utility Work"). Each of the three elements of the Drive, Pond and Utility Work is referred to herein as a "Work Element". The Parcel One Owner shall complete the Utility Work Element no later than July 15, 2026, and the Drive and Pond Work Elements no later than August 15, 2026 (the each a "Work Deadline" and collectively, the "Work Deadlines"). Notwithstanding the Work Deadline, the Parcel One Owner shall not be required to install the final layer of asphalt (the "Second Lift") on the Drive until the earlier of the following dates (a) forty five (45) days after receipt of written notice from Aldi directing the Parcel One Owner to install the Second Lift and (b) October 15, 2026). The Parcel One Owner shall have a temporary construction easement over, under and across Parcel Two and the Pond Parcel as reasonably required in order to complete the Drive, Pond, and Utility Work, which temporary construction easement shall expire and terminate automatically upon the Work Deadline. The Parcel One Owner shall perform the Drive, Pond, and Utility Work in compliance with all applicable governmental laws, ordinances, and regulations ("Laws") and in a good and workmanlike manner. The Parcel One Owner shall make no changes to the Approved Plans without the prior written consent of the Parcel Two Owner and Aldi. The anticipated cost of the Drive, Pond, and Utility Work (the "Budgeted Cost") is set forth on Exhibit F attached hereto and made a part hereof. The Drive, Pond, and Utility Work shall not be deemed completed until the date that all of the following conditions are satisfied: (i) the Parcel Two Owner, the Pond Parcel Owner and Aldi receive a certificate from Parcel One Owner's Minnesota licensed civil engineer certifying to Parcel Two Owner, the Pond Parcel Owner and Aldi that the Drive, Pond, and Utility Work is complete and was performed in accordance with the Approved Plans and all permits and approvals issued therefore by governmental/quasi-governmental authorities having jurisdiction (collectively, the "Permits and Approvals"); (ii) the Parcel Two Owner, the Pond Parcel Owner and Aldi receive properly executed final, unconditional lien waivers for all labor performed and materials used in performing and completing the Drive, Pond, and Utility Work; and (iii) the Parcel Two Owner and Aldi inspect the Drive, Pond, and Utility Work to determine if it was performed in accordance with all Permits and Approvals and the Approved Plans. If the Parcel Two Owner and Aldi fails to inspect the Drive, Pond, and Utility Work within 10 business days following its receipt of items (i) and (ii) above with respect to the individual Work Elements, then the Work Element in question shall be deemed completed as to the party having the right to inspect. The Parcel One Owner shall deliver to the Parcel Two Owner weekly construction progress reports for the Drive, Pond and Utility Work in a form reasonably acceptable to the Parcel Two Owner. If the Parcel One Owner fails to complete any Work Element by the applicable Work Deadline for each such Work Element, or if the Parcel Two Owner reasonably determines that the Parcel One Owner will be unable to complete any Work Element by the Work Deadlines then the Parcel Two Owner may, but without obligation to do so, complete such Work Element and the Parcel Two Owner shall have a temporary construction easement to enter upon, through, and over Parcel One and the Pond Parcel for the purposes of completing the Work Element as required by Section 1.3 above. If the Parcel Two Owner performs a Work Element on behalf of the Parcel One Owner, the Parcel Two Owner shall be entitled to invoice the Parcel One for the Parcel One Shared Construction Cost, defined below and in the percentages set forth below, with respect to the costs it incurs with respect to the Work Element so performed, together with together with a management fee payable to the Parcel Two Owner equal to 25% of the cost and expense the Parcel Two Owner incurs to complete such Work Element, and the Parcel One Owner shall pay such amount within 30 days after receipt of invoice. No undertaking by the Parcel Two Owner to complete any Drive, Pond, and Utility Work shall relieve the Parcel One Owner of its obligation to fully and timely complete the Drive, Pond, and Utility Work. In the event the Parcel One Owner, Parcel Two Owner, or Pond Parcel Owner or any of its invitees, guests, contractors, customers, or employees damages the Drive, Pond, and Utility Work, the damaging Party shall be responsible for any associated repair costs. 1.4 Payment for on and Drive Work and Utilities. Upon completion (or deemed completion) of each Work Element pursuant to Section 1.3 above, and within 45 days after receipt of an invoice including detailed accounting of and reasonable supporting documentation for the cost of the Work Element from the Parcel One Owner, the Parcel Two Owner shall pay to the Parcel One Owner an amount (the "Parcel Two Shared Construction Cost") equal to the following percentages of the actual, reasonable, third -party, out-of-pocket construction and development costs: Work Element Percentage of Shared Construction Cost Drive 50% Pond 62% Utilities 57% For purposes of Section 1.3 above, the term "Parcel One Shared Construction Cost" shall mean the amount equal to the following percentages of the actual, reasonable, third party, out -of -packet construction and development costs: Work Element Percentage of Shared Construction Cost Drive 50% Pond 38% Utilities 43 If either Parcel Owner fails to pay its Shared Construction Cost to the other Parcel Owner within the timeframes set forth herein, then the unpaid amount shall accrue interest at the rate of ten percent (10%) per annum from the date payment was due until paid in full. 1.5 Maintenance of Critical Access Drive. The Parcel Two Owner shall maintain the Critical Access Drive at all times in good repair and in safe operating condition, in first class condition, free of impediments to easy and safe movement, and in compliance with all applicable governmental laws, ordinances and regulations ("Laws") including making all necessary repairs, resurfacing and replacements thereto and promptly removing all accumulations snow and ice (the "Critical Access Drive Maintenance Obligations"). If the Parcel Two Owner fails to properly and timely perform the Critical Access Drive Maintenance Obligations and such failure continues for a period longer than 30 days after receipt of written notice thereof from either of the other Parcel Owners (or in cases of emergency with such email or telephonic notice as is practical under the circumstances), then either of the other Parcel Owners may, but without obligation to do so, complete some or all of the Critical Access Drive Maintenance Obligations for the portion of the Critical Access Drive in question, and the Parcel Owner electing to perform such work shall have a nonexclusive and temporary easement to enter upon the any necessary Parcels for the purposes of performing the necessary Critical Access Drive Maintenance Obligations. If a Parcel Owner performs Critical Access Drive Maintenance Obligations on behalf of the other Parcel Owner, the Parcel Owner performing the work shall be entitled to invoice the Critical Access Drive Maintenance Costs it incurs to the defaulting Parcel Owner, and the defaulting Parcel Owner shall pay the Critical Access Drive Shared Cost to the Parcel Owner performing the work within 30 days after receipt of invoice. No undertaking by a Parcel Owner to complete any Critical Access Drive Maintenance Obligations shall relieve the Parcel One Owner of its obligation to fully and timely complete the Critical Access Drive Maintenance Obligations. Notwithstanding the foregoing, an Owner shall be liable for the full amount of the cost of the repair of any damage to the Critical Access Drive resulting from the acts or negligence of that Owner or its Permitted Users. No Parcel Owner shall allow any mechanic's liens to be filed against the Parcel of another Owner as the result of its performance of the Critical Access Drive Maintenance Obligations, and if any such lien is filed as the result of such work, the Parcel Owner performing the work shall cause such lien to be released within 30 days after the date the Parcel Owner performing the work receives written notice from the affected Parcel Owner as to the existence of the filed lien. Notwithstanding anything to the contrary contained in this Agreement, if the Parcel Two Owner fails to remove snow and ice from the Critical Access Drive within 2 hours after receipt of notice (which may be by electronic mail or telephone) from the Parcel One Owner (or, during the Lease Term, Aldi) (any such party, the "Notifying Party"), then the Notifying Party shall have the right to cause such snow and ice to be removed from the Critical Access Drive and charge the actual, third -party, out-of-pocket costs incurred in connection with same to the Owners of the other Parcels, whereupon the Owners of such other Parcel (including, without limitation the Parcel Two Owner) shall reimburse the Notifying Party in accordance with Section 1.6 below; provided, however, that the Parcel Two Owner shall be obligated to pay the Notifying Party an administrative charge equal to 15% of the actual, third -party, out-of-pocket costs incurred to complete such snow and ice removal. 1.6 Critical Access Drive Charges. The term "Critical Access Drive Charges" means the following reasonable costs and expenses actually incurred by or on behalf of the Parcel Two Owner to perform the Critical Access Drive Maintenance Obligations: (i) the costs of re -sealing and re -striping the Critical Access Drive made no sooner than 5 Lease Years after the Effective Date; (ii) the cost of cost of snow and ice removal from the Critical Access Drive; (iii) the cost of repaving and the Critical Access Drive and associated curbing made no sooner than 5 Lease Years after the Effective Date. The Critical Access Drive Charges shall be shared fifty percent (50%) by the Parcel One Owner and fifty percent (50%) by the Parcel Two Owner (with each Parcel Owner's share being referred to herein as its "Critical Access Drive Shared Cost"). The Parcel Two Owner shall have a non-exclusive and temporary easement to enter upon Parcel One and the Pond Parcel for the purposes of performing the Critical Access Drive Maintenance Obligations. No later than April 1 of each calendar year, the Parcel Two Owner shall deliver to the Parcel One Owner an invoice, together with a detailed accounting (which shall include reasonable supporting documentation of all costs incurred) of all the Critical Access Drive Charges incurred during the previous calendar year (collectively, the "Drive Charges Invoice"). The Parcel One Owner shall pay its share of the previous year's Critical Access Drive Charges to the Parcel Two Owner within 30 days after receipt of the Drive Charges Invoice. Notwithstanding the foregoing, an Owner shall be liable for the full amount of the cost of the repair of any damage to the Critical Access Drive resulting from the acts or negligence of that Owner or its Permitted Users. If either Parcel Owner fails to pay its share of any Critical Access Drive Maintenance Obligation to the other Parcel Owner within 30 days after receipt of Drive Charges Invoice, then the unpaid amount shall accrue interest at the rate of ten percent (10%) per annum from the date payment was due until paid in full. 2. Stormwater Facilities Easements. 2.1 Creation of Stormwater Retention Pond Easement. (a) Pond Easement. The Pond Parcel shall be subject to a permanent, nonexclusive easement for stormwater retention pond purposes (the "Pond Easement") over, under and across the stormwater retention pond and associated lines and drains (the "Retention Pond") now or hereafter constructed on the Pond Parcel, which Pond Easement shall run for the benefit of the Developed Parcels. The area of the Pond Parcel encumbered by the Pond Easement is referred to herein as the "Pond Easement Area". The Pond Easement Area is legally described on Exhibit E attached hereto and made a part hereof and depicted on Exhibit &I attached hereto and made a part hereof. (b) Stormwater Facilities. Each Developed Parcel Owner may, at its expense, connect such lines, drains and associated facilities to allow stormwater and surface water runoff to drain, flow, and run through, into, and out of such drainage facilities from the Developed Parcel Owner's Parcel to the Retention Pond. Such lines, drains and associated facilities both on the Developed Parcels and on the Pond Parcel are referred to herein as the "Stormwater Facilities". 2.2 Use of Stormwater Facilities. The Stormwater Facilities shall be used solely for stormwater drainage, retention and management pursuant to the stormwater management plan for the for the Stormwater Facilities for the Property approved by the City and any other governmental authority having jurisdiction over such system and in accordance with all applicable Laws (the "Approved Stormwater Management Plan"). No Owner shall interfere with the use and operation of the Stormwater Facilities or the Stormwater Facilities Easement. The Stormwater Facilities Easement shall be used solely for the benefit of the Developed Parcels and the Pond Easement rights may not be assigned or sold separately from the ownership of a Developed Parcel. 2.3 Maintenance of Stormwater Facilities. The Parcel Two Owner shall maintain and keep the Stormwater Facilities in good repair• and first-class condition and in compliance with the Approved Stormwater Management Plan, including making all necessary repairs, replacements and cleaning of the Stormwater Facilities (the "Stormwater Facilities Maintenance )bligations"). The Parcel Two Owner shall have a perpetual non-exclusive easement to enter upon the other Parcels for the purpose of performing the Stormwater Facilities Maintenance Obligations and shall use commercially reasonable efforts to minimize any interference with business operations on the Parcels in performing the Stormwater Facilities Maintenance Obligations. The actual, reasonable, third -party, out-of-pocket costs and expenses to perform the Stormwater Facilities Maintenance Obligations (the "Stormwater Facilities Operating Costs") shall be shared thirty-eight percent (38%) by the Parcel One Owner and sixty-two percent (62%) by the Parcel Two Owner. No later than April 1 of each year the Parcel Two Owner shall deliver to the Parcel One Owner a detailed accounting of all the Stormwater Facilities Operating Costs incurred during the previous calendar year together with reasonable supporting documentation of all such costs (such detailed accounting and reasonable supporting documentation are collectively referred to herein as the "Stormwater Facilities Operating Costs Documents"). The Parcel One Owner shall pay its share of the previous year's Stormwater Facilities Operating Costs to the Parcel Two Owner within 30 days after receipt of the Stormwater Facilities Operating Costs Documents. If the Parcel Two Owner fails to properly and timely perform the Stormwater Facilities Maintenance Obligations and such failure continues for a period longer than 30 days after receipt of written notice thereof from either of the Parcel One Owner (or in cases of emergency with such electronic mail or telephonic notice as is practical), then either of the other Parcel Owners may, but without obligation to do so, enter upon Parcel One and the Pond Parcel and complete some or all of the Stormwater Facilities Maintenance Obligations and the Parcel Owner electing to perform the work shall have a temporary easement to enter upon Parcel Two and the Pond Parcel for the purposes of performing some or all of the Stormwater Facilities Maintenance Obligations as provided for herein. If a Parcel Owner performs Stormwater Facilities Maintenance Obligations on behalf of the Parcel Two Owner, the Parcel Owner performing the work shall be entitled to invoice the Stormwater Facilities Maintenance Costs it incurs to the Parcel Two Owner and the Parcel Two Owner shall pay its proportionate share of such Stormwater Facilities Operating Costs to the Parcel Owner performing the work within 30 days after receipt of invoice. In such instance the Parcel Two Owner shall also pay to the Parcel Owner performing the work an administrative fee equal to fifteen percent (15%) of the cost of such work. No undertaking by a Parcel Owner to complete any Stormwater Facilities Maintenance Obligations shall relieve the Parcel Two Owner of its obligation to fully and timely complete the Stormwater Facilities Maintenance Obligations. Notwithstanding the foregoing, an Owner shall be liable for the full amount of the cost of the repair of any damage to the Stormwater Facilities resulting from the acts or negligence of that Owner or it Permitted Users. No Parcel Owner shall allow any mechanics' liens to be filed against the Parcel of another Owner as the result of its performance of the Stormwater Facilities Maintenance Obligations and if any such lien is filed as the result of such work, Declarant shall cause such lien to be released within 30 days after the date the Parcel Owner performing the work receives written notice from the affected Parcel Owner as to the existence of the filed lien. 2.4 Taxes and Insurance Expenses for Pond Parcel. The real estate taxes and installments of special assessments payable therewith for the Pond Parcel and the actual, reasonable, third -party, out-of-pocket costs of maintaining insurance for the Pond Parcel and the Stormwater Facilities (the "Pond Parcel T/I Costs") shall be shared thirty-eight percent (38%) by the Parcel One Owner and sixty-two percent (62%) by the Parcel Two Owner. The Pond Parcel Owner shall annually deliver to the Developed Parcel Owners a detailed accounting of all the Pond Parcel T/I Costs incurred during the previous calendar year, which shall include reasonable supporting documentation of all Pond Parcel T/I Costs (such accounting and reasonable supporting documentation are collectively referred to herein as the "Pond Parcel T/I Costs Documents"), Each Developed Parcel Owner shall pay its share of the previous year's Pond Parcel T/I Costs to the Pond Parcel Owner within 30 days after receipt of the Pond Parcel T/I Costs Documents. If the Declarant fails to pay any of the Pond Parcel T/I Costs or maintain the insurance coverage for the Pond Parcel and the Stormwater Facilities required by this Declaration and such failure continues for a period longer than 30 days after receipt of written notice thereof from a Developed Parcel Owner (or in cases of emergency with such electronic mail or telephonic notice as is practical), then the Developed Parcel Owner delivering the notice may, but without obligation to do so, cure some or all of such default. If a Developed Parcel Owner pays any Pond Parcel T/I Costs on behalf of the Pond Parcel Owner, the Developed Parcel Owner performing such work shall be entitled to invoice the Pond Parcel T/I Costs it incurs to the other Developed Parcel Owner and the other Developed Parcel Owner shall pay its proportionate share of such Pond Parcel T/I Costs to the Developed Parcel Owner paying such costs within 30 days after receipt of invoice and reasonable supporting documentation of such Pond Parcel T/I Costs. In such instance the Pond Parcel Owner shall pay to the Parcel Owner performing the work an administrative fee equal to fifteen percent (15%) of the cost of such work. No undertaking by a Developed Parcel Owner to pay any Pond Parcel T/I Costs shall relieve the Pond Parcel Owner of its obligation to pay the Pond Parcel T/I Costs and collect such amount from the Developed Parcel Owners, 3. Duration and Easement Areas. The easements created by this Declaration (the "Easements") shall be perpetual in nature and shall run with the title to the Property, benefitting and binding the Owners thereof and their Permitted Users. The Critical Access Drive Easement Area and the Pond Easement Area are collectively referred to herein as the "Easement Areas". 4. General Maintenance. Each Owner shall, at its sole cost and expense (except as otherwise expressly provided in this Declaration), maintain, repair, and replace, as necessary, all improvements within its Parcel (except the Critical Access Drive) in a good and sightly condition consistent with other first-class retail developments in the geographical vicinity of the Property. 5. Tree Removal. The Parcel Two Owner may enter into an agreement with the owner of the property adjacent to the Property (the "Adjacent Property") to remove certain trees from the Adjacent Property in order to enhance the visibility of the Property for the benefit of the Developed Parcels and their Owners (the "Tree Removal"). The Parcel One Owner shall pay to the Parcel Two Owner fifty percent (50%) of the actual costs the Parcel Two Owner incurs for the Tree Removal, up to a maximum amount of $12,500.00, within 30 days after receipt of an invoice for its share of the tree removal. 6. Covenants &Restrictions. 6.1 Use Restrictions. Declarant, for itself, its successors and assigns, covenants and agrees, and hereby declares and imposes on Parcel 1 and the Pond Parcel, for the benefit of Aldi (for so long as the Aldi Lease is in effect) and Parcel Two, that no portion of Parcel One and/or the Pond Parcel will be leased, used or occupied for the operation of any use set forth on Exhibit G, attached hereto and made a part hereof (the "Use Restrictions"). 6.2 (a) Aldi's Exclusive Use. Declarant, for itself, its successors and assigns, covenants and agrees, and hereby declares and imposes on Parcel One and the Pond Parcel, for the benefit of Aldi (for so long as the Aldi Lease is in effect) and Parcel Two, that neither Parcel One nor the Pond Parcel shall be leased, used, or occupied for the operation of a Grocery Use. The term "Grocery Use" means a supermarket, a meat market, a grocery store, a fruit and vegetable store or stand, a frozen or otherwise processed food store, and any other store where more than 1,500 square feet, including adjacent aisle space, is used for the sale or display of grocery items. "Grocery Use" shall also include the operation of a grocery pick-up or delivery service anywhere within Parcel One and/or the Pond Parcel, whether or not the premises from which the service is offered is also used for the sale and display of grocery items. "Grocery Use" does not include any restaurant wherein prepared food is sold for on -premises or "take-out" consumption; provided, however, in no event shall such restaurant use more than 1,500 square feet, including adjacent aisle space, for the sale or display of grocery items. Further, no advertisements (including, but not limited to, any advertisements on electric charging stations) within Parcel One and/or the Pond Parcel shall advertise, promote or identify a Grocery Use other than Aldi. (b) Mister Car Wash Exclusive Use. Declarant, for itself, its successors and assigns, covenants and agrees, and hereby declares and imposes on Parcel One and the Pond Parcel, for the benefit of Parcel Two Owner (for so long as a Mister Car Wash is operated upon Parcel Two) and Parcel Two, that neither Parcel Two nor the Pond Parcel shall be leased, used, or occupied for the operation of a car wash. The term "Car Wash" means any facility, structure, equipment, or operation, whether automated, mechanical, self-service, hand -wash, mobile, temporary, or permanent, used or intended for the washing, cleaning, rinsing, polishing, waxing, drying, detailing, or cosmetic treatment of motor vehicles. 7. Indemnity. Each Owner shall indemnify and hold the other Owner and the Declarant harmless from any and all loss, damage of whatever nature, liability, actions, causes of action, mechanic's liens, claims and expenses (including reasonable attorneys' fees and expenses and the cost of collection) arising or resulting from the use of the such Owner's Parcel, the Critical Access Drive, the Pond, and/or the Stormwater Facilities by such Owner and its Pernlitted Users. 8. Insurance. Each Owner shall, at its expense, obtain and continuously maintain a comprehensive policy of liability insurance with respect to the Easement Areas located on the Owner's Parcel, with the other Owner and Declarant named as an additional insured. The policy shall be with a company licensed to do business in the state of Minnesota and shall have coverage limits of at least $1,000,000.00 combined single limit and umbrella coverage in at least the amount of $3,000,000. The Owner providing such insurance will provide the other Owner and Declarant with 30 days' written notification prior to any modification or termination of the above described insurance coverage. Immediately upon taking title to a Parcel and then annually thereafter, each Owner shall provide the other Owners, upon written request, with a certificate of insurance showing the required coverage to be in force. Declarant shall provide liability coverage with respect to its obligations hereunder in the same amounts shown above, which coverage shall name the Owners as additional insureds. Notwithstanding the foregoing provisions hereof to the contrary, during the Aldi Lease Term, Aldi (or the entity that owns a controlling interest of Aldi, if self -insuring on Aldi's behalf) shall have the right to self -insure for the risks described in this Section 8. 9. No Dedication. Nothing contained herein shall be deemed to constitute a gift, grant or dedication of any portion of the Easement Areas to the general public for any public purpose whatsoever, it being the intention of the parties hereto that this Declaration will be strictly limited to the private use of the Owners. 10. Condemnation. If any portion of the Critical Access Drive Easement Area is taken pursuant to public condemnation action, governmental act divesting any Owner of ownership in all or a portion of a Parcel or any of the incidents thereof, or a transfer in lieu thereof (a "Taking"), the Parcel Two Owner shall promptly and diligently restore and repair of the Critical Access Drive to as near its condition as existed prior to such Taking as is possible. If all or part of the Pond Easement Area and/or the Stormwater Facilities are the subject of the Taking, the Parcel Two Owner shall promptly and diligently restore and repair the Stormwater Facilities to as near its condition as existed prior to such Taking as is possible. The actual, reasonable, third -party, out-of- pocket costs incurred by the Parcel Two Owner to perform its obligations under this Section 10, less all compensation and damages awarded for such Taking, may be included in Critical Access Drive Charges and Stormwater Facilities Operating Costs, as applicable. 11. Interest. Any obligation of an Owner or the Declarant hereunder not paid within 30 days after the date such obligation becomes due and payable shall bear interest from such date until paid in full at the rate of twelve percent (12%) per annum, or the highest mount allowed by law, whichever is less. 12. Estoppel Certificates. Any Parcel Owner, at any time and from time to time (but not more than once in any six (6) month period), or in connection with the sale or transfer of such Parcel Owner's Parcel or any part thereof, or in connection with the leasing or financing or refinancing of such Parcel Owner's Parcel or any part thereof, deliver written notice to the other Parcel Owners, requesting such other Parcel Owners certify in writing to the requesting Parcel Owner or the prospective or current mortgagee, or prospective lessee or purchaser of its Parcel or any part thereof, that to the actual knowledge of the certifying Parcel Owner: (i) the requesting Parcel Owner is not in default in the performance of any of its obligations owed to the certifying Parcel Owner hereunder, or, if in default, to describe therein the nature and amount of any and all defaults, (ii) whether this Declaration has been modified, amended, or assigned in any way by the certifying Parcel Owner (and if it has, then stating the nature thereof), (iii) this Declaration as of the date of the certification is in full force and effect, and (iv) such other information as the requesting Parcel Owner may reasonably request. Each Parcel Owner receiving such request shall execute and return such certificate within fifteen (15) days following the receipt thereof at such Parcel Owner's sole cost and expense. 13. Amendment, This Declaration and the provisions contained herein may be terminated, extended, modified, or amended only with the express written consent of the Declarant (but only for so long as the Declarant is an Owner of a Parcel), all Owners, and Aldi (for so long as the Aldi Lease is in effect). 14. Default; Remedies. This Declaration shall be enforced as follows: (a) Default. In the event of any breach by any Owner of any of the terms and conditions of this Declaration the other Owners (each a "Non -Defaulting Party" and collectively, the "Non - Defaulting Parties") shall have all rights and remedies allowed at law or equity, including injunctive relief. Except as specifically provided herein to the contrary, prior to the commencement of any such action alleging a default hereunder the Owners making the claims shall provide to the other Owner at least ten (10) days' written notice of default and opportunity to cure to the other Owner. If a default has occurred and is not cured within the time period specified in this Section 13(a), then each of the Non -Defaulting Parties shall have all of the rights and remedies afforded to them by law and also all of the rights and remedies set forth in Section 14 hereof (whether or not they are expressly provided by statute or recognized by judicial precedent), any one or more of which may be exercised and enforced independently or concurrently at any time that such default remains uncured, without waiving any of the Non -Defaulting Parties' other rights and remedies, and all of which shall, to the extent applicable, survive the termination of any right granted in this Declaration. (b) Remedies. (i) Cure. Following the expiration of the applicable cure period, the non - defaulting party may, except with respect to the Aldi Premises during the Lease Term and at its election, cure any default of the Defaulting Party under this Declaration; and if the Non -Defaulting Party should do so, then it shall be entitled to be reimbursed for all reasonable and documented costs and expenses expended by it in connection therewith, which amounts shall be due and payable by the Defaulting Party to the Non -Defaulting Party on demand. (ii) Civil Actions. Following the expiration of the applicable cure period, the Non -Defaulting Party may bring an action against the Defaulting Party for the specific performance of any obligation undertaken by the Defaulting Party in this Declaration, for injunctive or other equitable relief, or for damages in any court of competent jurisdiction for the County in which the Parcels are located, or such other jurisdiction as may be agreed to between the Owners, in order to enforce the rights and remedies available to the Non -Defaulting Party. (c) Force Majeure. If performance of any action or obligation by any Owner under this Declaration is prevented or delayed due to Force Majeure, the time for performance of such obligation shall be extended for the period of the delay (regardless of whether or not any such obligation in this Declaration includes a specific reference to Force Majeure). However, no delay shall be excused by this Section unless the delayed party diligently pursues completion of the activity which was delayed. If Force Majeure is invoked by either party, then such use of Force Majeure shall be in accordance with the provisions of this Section 14(c). The term "Force Majeure" means a material delay beyond the reasonable control of the delayed party caused by labor strikes, lock -outs, industry -wide inability to procure materials, extraordinary restrictive governmental laws or regulations (such as gas rationing), mass riots, war, military power, sabotage, material fire or other material casualty, Severe Weather, or an extraordinary and material act of God (such as a tornado or earthquake), but excludes inadequacy of insurance proceeds, litigation or other disputes, financial inability, lack of suitable financing, delays of the delayed parry's contractor and failure to obtain approvals or permits unless such failure is caused by an event of Force Majeure. "Severe Weather" means weather that a reasonable person would find unusual and unanticipated at the time of the scheduling of the activity based on recent weather patterns for the period in question in the vicinity of the Property, provided that the delayed party delivers to the other party, upon request, reasonable documentation from an unbiased weather authority substantiating such claim. (d) No Termination. No breach of this Declaration shall entitle the nondefaulting Owner to cancel, rescind or otherwise terminate this Declaration. The foregoing limitation will not affect, in any manner, any other right or remedy to which the nondefaulting Owner might have by reason of such breach of this Declaration. 15. Miscellaneous Provisions. (a) Notices. All notices, statements, demands, approvals, and other communications given pursuant to this Declaration shall be in writing and shall be delivered in person, by electronic mail, by certified or registered mail, postage prepaid, or by reputable overnight courier service that provides written evidence of delivery to (i) the Declarant at the address set forth below for so long as the Declarant is the Owner of a Parcel, and (ii) the Owner of each Parcel (if such Owner is not the Declarant) at the address shown on the official tax records of Wright County, Minnesota, which foregoing addresses may be changed from time to time by written notice properly given hereunder. Declarant's Address for Notices: 255 E Street Mendota, Minnesota 55150 Email: mark@javaprop.com And at all times while the Aldi Lease is in effect, notice in accordance to the provisions of this Section shall also be provided to: Aldi Inc. (Minnesota) 4201 Bagley Ave. N. Faribault, MN 55021 Attention: Andrew Mack, Director of Real Estate Email: andrew.mack@aldi.us With a copy to: Kayne Law Group, CO., P.A. 612 Park St., Suite 100 Columbus, OH 43215 Attention: Jacob Worrel, Esq. Email: jworrel@kaynelaw.com If an Owner (a "Conveying Party") should convey its fee interest in and to its Parcel (or any portion thereof) to another person or entity, it shall promptly notify the other Owners of such conveyance in the manner provided above. Such notice shall contain the name of the grantee and the address of such grantee for purposes of receiving notices hereunder. Unless and until a Conveying Party notifies the other of a conveyance of its fee interest in and to its Parcel as provided for herein, notices addressed to the Conveying Party as provided for in this shall continue to be effective, but the other Owner may also send notices that shall be deemed effective hereunder to such grantee at the address listed in the official tax records of Wright County, Minnesota, until such time as the grantee has notified the other Party of a different notice address in the manner provided in this Section. (b) Waiver of Default. No waiver of any default by an Owner shall be implied from the failure by any other Owner to take any action with respect to such default. No express waiver of any default shall affect any default or extend any period of time for performance other than the specified in such express waiver. One or more waivers of any default and any performance of any provision of this Declaration shall not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision. The consent to or approval of any act or request by an Owner shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act or request. The rights and remedies provided by this Declaration are cumulative and no right or remedy will be exclusive of any other, or of any other right or remedy at law or in equity which any Owner might otherwise have by virtue of a default under this Declaration and the exercise of any right or remedy by an Owner- shall not impair the standing of such Owner to exercise any other right or remedy. (c) No Partnership. Nothing contained in this Declaration and no action by any Owner shall be deemed or construed to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among the Owners. (d) Severability. If any provision of this Declaration is, to any extent, declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration (or the application of such provision to persons or circumstances other than those in respect of which the determination of invalidity or unenforceability was made) shall not be affected thereby and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. (e) Governing Law. This Declaration shall be construed in accordance with the laws of the State of Minnesota. For all litigation, disputes and controversies which may arise out of or in connection with this Declaration, the undersigned hereby waive the right to trial by jury and consent to the jurisdiction of the courts in the State of Minnesota. In the event either party hereto brings or commences legal proceedings to enforce any of the terms of this Declaration, the successful party shall then be entitled to receive from the other party(s), in every such action commenced, a reasonable sum as attorneys' fees and costs, including all fees and costs incurred upon any appeals, to be fixed by the court in the same action. (f) Captions. The captions of the sections and paragraphs of this Declaration are for convenience only and are not intended to affect the interpretation or construction of the provisions herein contained. (g) Time. Time is of the essence of this Declaration. (h) Bindin Eg ffect. The provisions of this Declaration shall be binding upon Declarant and shall run with the title to the Property and inure to the benefit of the Owners of the Parcels and their respective successors, assigns, and mortgagees and shall run with the title to the Property. (i) Rights of Tenants. Notwithstanding anything to the contrary set forth anywhere in this Declaration, any Owner may, pursuant to a written provision in any lease between such Owner and such Owner's tenant of such Owner's Parcel, nominate such tenant to act on behalf of such Owner with respect to such Owner's rights, remedies, and responsibilities pursuant to this Declaration, and each Owner (i) shall accept such tenant's performance of such Owner's obligations pursuant to this Declaration with the same force and effect as though performed by such Owner, and (ii) shall recognize such tenant as though it were the owner of such Parcel for all purposes, including, but not limited to, any obligations running to the benefit of such Owner's Parcel. Such tenant may enforce directly any remedy available to such Owner, in such tenant's name, the applicable Owner's name, or both. Notwithstanding any such nomination of its tenant by a Owner, such Owner shall remain primarily liable for any and all obligations of such Owner set forth herein. As of the Effective Date, Declarant hereby nominates Aldi to act on behalf of the owner of Parcel Two. (j) Liens. Any claim for reimbursement and all actual costs and expenses including reasonable attorneys' fees awarded to any party in enforcing any payment in any suit or proceeding under this Declaration shall be assessed against the defaulting party in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Property of the defaulting party until paid, effective upon the recording of a notice of lien with respect thereto in the appropriate governing authority; provided, however, that any such Assessment Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the Official Records of the County in which the Property is located prior to the date of recordation of said notice of lien, and (iii) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien (including, without limitation, the Aldi Lease). (k) Expiration or Termination of Aldi Lease. With respect to any provision of the Declaration that commences, terminates or otherwise depends upon the expiration or termination of the Aldi Lease, and the expiration or termination of the Aldi Lease is disputed for any reason, the Aldi Lease shall not be deemed to have expired or terminated for purposes of this Declaration until such dispute has been fully adjudicated or settled in writing executed by Aldi and Aldi's landlord. M Restoration. If, as a result of the exercise of any easement rights created under this Declaration, any Owner or its Permitted Users shall damage or disturb any other Parcel and/or the improvements located thereon, then the Owner of the Parcel causing (or whose Permitted Users Caused) such damage or disturbance shall be responsible to reimburse the Owner of the affected Parcel (or, while the Aldi Lease is in effect, Aldi) the cost to repair any resulting damage and/or disturbance. Such reimbursement shall made by such Owner within 30 days following billing, together with an itemized statement of the cost thereof. (m) Lien Removal. If, as a result of a Owner's (the "Contracting Party's") exercise of any of the rights granted to it in this Declaration to enter onto and/or perform work upon another Owner's Parcel, a lien is filed by any contractor, subcontractor, laborer or materialman, then the Contracting Party shall discharge, bond or otherwise remove each such lien within 30 days following written notice from the other Owner. If the Contracting Party fails to so discharge, bond or otherwise remove any such lien within such period of time, the affected Owner may do so and the Contracting Party shall reimburse the affected Owner upon demand therefor for the reasonable cost thereof, including, without limitation, reasonable attorney fees incurred in discharging such lien. (n) No Merger. All of the provisions of this Declaration are for the mutual benefit and protection of the present and all future owners of the Property; and if there should at any time be common ownership of all the Parcels, or any estate therein then it is the intention of the Declarant that there be no merger into the respective fee simple estates of the rights and benefits and the obligations and burdens of this Declaration, but rather that such rights and benefits and such obligations and burdens shall be separately preserved for the benefit of all future owners of the fee simple estates in the Parcels. IN WITNESS WHEREOF, Declarant, intending to be legally bound, has executed this Declaration as of the date first shown above. �Signatuyes appear• on the following page) [Signature Page of.Iava Albertville Retail LLC to Declaration of Easements) DECLARANT: JAVA ALBERTVILLE RETAIL LLC, a Minnesota limited liability company By: rk Krog Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF �e /� ) The foregoing instrument was acknowledged before me this 2-� day of�{� 202%by Mark Krogh, the Chief Manager of Java Albertville Retail LLC, a Minnesota limited liability company, on behalf of the company. • MEIISSA KAE PAGE 80ESHANS % "`� ; Notary Public + � State of Minnesota Seal �, •� My Commission Expires :,� January 31, 2030 THIS INSTRUMENT WAS DRAFTED BY: Java Albertville Retail LLC 255 E Street Mendota, Minnesota 55150 EXHIBIT A Legal Description of the Property Parcel One: Lot 13 Block 15 Java Retail Addition, according to the recorded plat thereof, Wright County, Minnesota Parcel Two: Lot 2, Block 1, Java Retail Addition, according to the recorded plat thereof, Wright County, Minnesota Pond Parcel: Outlot A, Java Retail Addition, according to the recorded plat thereof, Wright County, Minnesota 0 EXHIBIT B Site Plan DESIGN*TREE wnm I �r - - r{1- -- -------- ---� I --- trM jj l 1 �JAVA RETAIL e l d I I 1 III ADDITION Ali '� UT 4 kI Al 1 I I i J. 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EXHIBIT D-1 Depiction of Critical Access Drive Easement Area ACCESS EASEMENT NORTH LINE OF LOT 1, BLOCK ONE, N89'37'08'E 37.90 v�Aso. CURB ' / 4 4 DRAINAOEAND 6 _ ;CUTILITY EASEMENT t, PER PLAT OF I� I II I } i JAVA RETAIL ADD 7ION L t hu 1 I 'RIN 1 AIAI,Ir trAAi i I INNN I\til l l l\ Iv PROPOSED 8UIL01lXi � g I I 1 i lt _ ---------'---� �OesF------ at30ZS. ( I r2.45ea s _N89"58�8'E 36.88 � _ 1 CURB M,58'28W 83.77 � +DRAINAGE AND / UTILITY EASEMENT PER PLAT OF JAVA RETAIL ADDITION r�- 0 60' 120' d 1�53�.0p N89.5828'E 157.08 - ,r EAST LINE OF LOT 2, BLOCK ONE,— S P JAVA RETAIL ADDI71pN g�^ S89.5828W s i� SE CORNER OF LOT 2. 8LOCK ONE. - JAVA RETAIL ADDITION EXHIBIT E Legal Description of Pond Easement Area That part of Lots 1 and 2, Block One and Outlot A, JAVA RETAIL ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 2; thence North 00 degrees 01 minutes 51 seconds West, assumed bearing along the east line of said Lot 2, a distance of 28.07 feet; thence South 89 degrees 58 minutes 28 seconds West, 157.10 feet; thence westerly 55.63 feet along a tangential curve concave to the north having a radius of 103.00 feet and a central angle of 30 degrees 56 minutes 36 seconds; thence westerly 52.39 feet along a tangential curve concave to the south having a radius of 97.00 feet and a central angle of 30 degrees 56 minutes 36 seconds; thence South 89 degrees 58 minutes 28 seconds West, 243.20 feet to the west line of said Lot 1; thence South 01 degrees 05 minutes 54 seconds West, along said west line, 98.39 feet; thence North 86 degrees 30 minutes 35 seconds East, 264.30 feet; thence North 84 degrees 51 minutes 36 seconds East, 242.21 feet to the east line of said Outlot A; thence North 00 degrees 01 minutes 51 seconds West, along said east line, 4.27 feet to the point of beginning and terminating thereat. EXHIBIT E-1 Depiction of Pond Easement Area DRAINAGE AND UTILITY EASEMENT PER PLAT OF JAVA RETAILADDITION DRAINAGE AND UTILITY EASEMENT R=97 00 PER PLAT OF I / d=30°g JAVA RETAIL ADDITION _L=52439 8+ ,\ $89°58'28M 243,20 \ —WEST LINE OF LOT 1, BLOCK ONE, JAVA RETAIL ADDITION C: i.v:.�i�l vw3 i_ m Q �oa ,00 I A N/ A [) r-T A l l ` 4 68038• A r\r\i-rinni N85°30'35"E 264.30 n� DTI �T n vvi�_v1 n �IjI )) ON EAST LINE OF LOT 2, BLOCK ONE,-^ $ j JAVA RETAIL ADDITION S89°58'28'W 157A0 N84°51'36'E 242.21 BE CORNER OF LOT 2, BLOCKONE,-�/ JAVA RETAIL ADDITION I in o� EAST LINE OF OUTLOT A— Z JAVA RETAIL ADDITION EXHIBIT F Budgeted Cost of the Drive, Pond, Utilities, and Offsites Mister, Mister Car Wash - MN 2628 Albertville Phase 1 Offsite & Common Area Work PHASE 1 Offsite dr Common Area Work General Conditions S45,588 $50,884 Grading/Earthwork S871865 S111,571 Storm/SWPP S4,000 so Site Concrete/Paving S121,765 S94,345 Lnnd%ca nandlrrigatinn S12.500 S9.300 Utilities S314,747 S314,747 OH&P $38120 S43,5G4 Phase 1 Subtotal S624,585 $624,4l l 15%Contingenc S9308 $930662 Phase 1 Total $7180273 $718,073 Phase 1 Breakouts Soft Costs TotalCost 50% 50% Civil Engineering -ISG S20,500 S10,250 S10,250 As- Built Drawings - ISG $10,000 S5,000 S53000 Sp3Miellr)5peetior)S-Breuillrlterlet 815,000 S7,500 S79500 Comet" TreoRemovat S250000 S12,500 8120500 Total Soft Cost S70,500 $35,250 535,250 OffsIte Work & Common Area Breakouts basson Rochon's Numbers Potention Pond (3SbMCW-62S00ALDI) S1361142 $51,734 $84,408 Utilities (43%MCW • 575_ ALDI) S270,681 $11 6,393 S154,286 Access Drive (500,bMCW-5065ALDI) $217,763 S108,8 1 $108,881 General Total $624,585 $277,008 $347,577 154b ConNngenc $93,688 $46,844 $46,844 Total BreakoutMCW/ALOI $788,773 $35%102 $4299671 �RI 4 a oe � o 0 0 0 0 n N _ Q 0 w & 00 co N oo r M ao U Oco O G LO to co di 00 d u> > v > 00 r`to � o yy� m o 4n V Cl N 3 C M IIA Cd U u L. O aw co c N Q fa o_ Q 69 c E� o iri — U ° .. ILQ U MDO ?--. ���.----•_____. ""`----- -.. , as ,.� I. a oe � o 0 0 0 0 n N _ Q 0 w & 00 co N oo r M ao U Oco O G LO to co di 00 d u> > v > 00 r`to � o yy� m o 4n V Cl N 3 C M IIA Cd U u L. O aw co c N Q fa o_ Q 69 c E� o iri — U ° .. ILQ U MDO ?--. ���.----•_____. ""`----- -.. , as ,.� I. N Q W sl gg 5 --==----------- -- --------- ----LU - I I III I � I �s�lll�ll Illl;j -� -- -..,�_ lir-rt-- 1 EXHIBIT G Use Restrictions (a) a business selling alcoholic beverages for on -premises consumption except for a restaurant with sit down table service as its primary operation in which the sale of alcoholic beverages does not exceed 50% of its gross sales; (b) any establishment which stocks, displays, sells, rents, or offers for sale or rent any merchandise or material commonly used or intended for the use with or in consumption of any narcotic, dangerous drug, or other controlled substance (provided that the foregoing is not intended and shall not be construed to prohibit a drug store); any store or operation where the sale of cannabis (including marijuana) or cannabis derivatives and related products exceeds 50% of such store or operation's gross sales; (c) adult bookstore, an establishment selling or exhibiting pornographic materials (provided that this restriction shall not prohibit sales by national book retailers such as Barnes and Noble) or any form of adult entertainment or an operation whose principal use is an exotic dancing and/or massage parlor (provided this restriction shall not prohibit massages in connection with a beauty salon, health club or athletic facility, or a national massage chain such as Massage Envy); (d) a pool or billiard hall; arcade; (e) night club or dance club; (f) movie theater or cinema; (g) gym or health club greater than 5,000 square feet; (h) school or learning center having more than thirty students at any one time; (i) children's play or party center; trampoline center; laser tag operation; skating rink; bowling alley; racetrack; go-karting track; (j) telemarketing; polling and surveying center; office use (other than office uses within and ancillary to a permitted retail use); (k) an abortion clinic; Planned Parenthood; (1) a pet store; except, however, a national pet store (e.g., Petsmart or Petco) shall be permitted if the location of such use is not adjacent to Parcel Two; (m) an auto repair shop, except, however, a national auto repair shop with more than 30 locations shall be permitted (further provided, however, a retail auto supply store that does not perform repairs shall be permitted); the sale of used automobiles; (n) a mobile home park; trailer court (except that this provision shall not prohibit the temporary use of construction trailers during any periods of construction, reconstruction or maintenance); mobile home sales; living quarters; hotel; apartment building; (o) off-track betting establishment, bingo parlor or any gambling use (other than the ancillary operations of state sponsored lottery); (p) a use or operation which would emit or produce noxious or harmful, fumes, contaminants, gases, excessive dust, dirt or loud noises; provided, however, that the operation of a Mister Car Wash operating consistent with the prototypical operations of a majority of Mister Car Wash locations in the State of Minnesota as the same are operated as of the Effective Date shall not be deemed to violate the foregoing; (q) dry cleaner/laundry operation performing cleaning on -site, except for environmentally safe cleaning; (r) a public or private nuisance; (s) an assembly, manufacturing, distilling, refining, smelting, industrial, agricultural, drilling or mining operation; (t) a junk yard, stock yard, animal raising operation, a dump or disposal or any operation for the incineration or reduction of garbage %J refuse; (u) a gun/firearms shop or gun/firearms range; (v) a pawn shop, tattoo parlor or flea market; (w) a thrift store, consignment shop or "re -sell" shop, a "Good Will" or• "Salvation Army" type store, or any "drop box" or similar collection facility for donated goods; (x) a store dedicated to the sale of tobacco products; (y) a mortuary or funeral home; (z) a church or other place of worship; banquet hall; auditorium or meeting hall; (aa) the outdoor display, sale or storage of merchandise (Christmas trees, pumpkins, produce, flowers, artwork, fireworks, novelties, clothing, etc.); and/or (bb) carnival, amusement park, car show, festival, political event/rally, circus or other similar public event.