Runs with the Land. Except as provided in paragraphs 8 and 21.1, the obligations imposed by this Restriction shall be effective in perpetuity and shall be deemed to run as a binding servitude with the Property. This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words “Grantor” and “Grantee” when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “Grantee” shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, and covenants contained in this Restriction shall be inserted by Grantor, by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 2 contracts
Samples: Historic Preservation Restriction, Historic Preservation Restriction
Runs with the Land. Except as provided in paragraphs 8 Paragraphs 9 and 21.110, the restrictions, obligations imposed by and duties set forth in this Restriction shall be effective in perpetuity run with the Property and shall be deemed inure to run as a binding servitude with the Propertybenefit of the Commission and all parties claiming by, through or under the Commission and shall bind the Grantor and all parties claiming by, through or under the Grantor. The rights hereby granted to the Commission constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and GranteeXxxxxxx, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words “"Grantor” and “", "Grantee” " when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantor of the Property shall have no obligation pursuant to this instrument where such owner Grantor shall cease to have any ownership Grantorship interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 2 contracts
Samples: Preservation Restriction Agreement, Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 Paragraphs 11 and 21.112, the restrictions, obligations imposed by and duties set forth in this Restriction shall run with the Premises and shall inure to the benefit of the City and all parties claiming by, through or under the City and shall bind the Grantor and all parties claiming by, through or under the Grantor. Grantor agrees that this Restriction shall be effective considered an “other restriction held by a governmental body,” as that term is used in perpetuity X.X. x. 184, §26, and shall be deemed thus not subject to run as the limitations on the enforceability of restrictions in X.X. x. 184, §§26-30. The rights hereby granted to the City constitute the right of the City to enforce this Preservation Restriction Agreement for a binding servitude with term of 30 years. The Grantor hereby covenants for itself to stand seized and hold title to the PropertyPremises subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and GranteeCity, their respective successors in interest and all persons hereafter claiming under or through Grantor and GranteeCity, and the words “"Grantor” " and “Grantee” "City" when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee the City also shall be deemed granted to each successor and assign of Grantee the City and each such following successor and assign thereof, and the word “Grantee” "City" shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantor of the Property Premises shall have no obligation pursuant to this instrument where such owner Grantor shall cease to have any ownership Grantorship interest in the Property Premises by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property Premises or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) daysPremises.
Appears in 1 contract
Runs with the Land. Except as provided in paragraphs 8 7 and 21.121, the rights and obligations created or imposed by this Preservation Restriction Agreement shall be effective in perpetuity and effect in perpetuity. Grantor agrees that this Preservation Restriction Agreement shall be deemed to run as a binding servitude upon the Property and as an “other restriction held by a governmental body,” as that term is used in X.X. x. 184, §26, and thus not subject to the limitations on the enforceability of restrictions in X.X. x. 184, §§26-30, and, in any event, shall bind and run with the PropertyProperty for a period of ninety-nine (99) years from the recording hereof (except as provided in paragraphs 7 and 21). This Preservation Restriction Agreement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and or Grantee, and the words “"Grantor” " and “"Grantee” " when used herein shall include all such persons. Any right, title, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Preservation Restriction Agreement shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and but not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 7 and 21.121, the rights and obligations created or imposed by this Restriction shall be effective in perpetuity effect from the date this Preservation Restriction Agreement is recorded with the Barnstable Registry of Deeds and shall be deemed to run as a binding servitude with upon the PropertyProperty in perpetuity. This Preservation Restriction Agreement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and or Grantee, and the words “"Grantor” " and “"Grantee” " when used herein shall include all such persons. Any right, title, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 Paragraphs 9 and 21.110, the restrictions, obligations imposed by and duties set forth in this Restriction shall be effective in perpetuity run with the Property and shall be deemed inure to run as a binding servitude with the Propertybenefit of the Commission and all parties claiming by, through or under the Commission and shall bind the Grantor and all parties claiming by, through or under the Grantor. The rights hereby granted to the Commission constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words “"Grantor” and “", "Grantee” " when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantor of the Property shall have no obligation pursuant to this instrument where such owner Grantor shall cease to have any ownership grantorship interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 Paragraphs 9 and 21.110, the restrictions, obligations imposed by and duties set forth in this Restriction shall be effective in perpetuity run with the Property and shall be deemed inure to run as a binding servitude with the Propertybenefit of the Commission and all parties claiming by, through or under the Commission and shall bind the Grantor and all parties claiming by, through or under the Grantor. The rights hereby granted to the Commission constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words “Grantor” and ”, “Grantee” when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “Grantee” shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantor of the Property shall have no obligation pursuant to this instrument where such owner Grantor shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 Paragraphs 9 and 21.110, the restrictions, obligations imposed by and duties set forth in this Restriction shall be effective in perpetuity run with the Property and shall be deemed inure to run as a binding servitude with the Propertybenefit of the Commission and all parties claiming by, through or under the Commission and shall bind the Grantor and all parties claiming by, through or under the Grantor. The rights hereby granted to the Commission constitute the perpetual right of the Commission to enforce this Preservation Restriction Agreement. The Grantor hereby covenants for itself to stand seized and hold title to the Property subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor and GranteeXxxxxxx, their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words “"Grantor” and “", "Grantee” " when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantor of the Property shall have no obligation pursuant to this instrument where such owner Grantor shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs Paragraphs 8 and 21.19, the restrictions, obligations imposed by and duties set forth in this Restriction shall be effective in perpetuity run with the Property and shall be deemed inure to run as a binding servitude with the Propertybenefit of the Grantee and all parties claiming by, through or under the Grantee and shall bind the Grantors and all parties claiming by, through or under the Grantors. The rights hereby granted to the Grantee constitute the perpetual right of the Grantee to enforce this Preservation Restriction Agreement. The Grantors hereby covenant for themselves to stand seized and hold title to the Property subject to the terms of this Restriction. This Restriction shall extend to and be binding upon Grantor Grantors and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor Grantors and Grantee, and the words “Grantor” and Grantor(s)”, “Grantee” when used herein shall include all such persons. Any right, title, or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “Grantee” shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner Grantors as owners of the Property shall have no obligation pursuant to this instrument where such owner Grantors shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction shall be inserted by GrantorGrantors, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself Grantors divest themselves of either the fee simple title to or any lesser estate in the Property or any part hereofthereof, including by way of example and not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 7 and 21.121, the rights and obligations created or imposed by this Restriction Agreement shall be effective in perpetuity and effect in perpetuity. Grantor agrees that this Agreement shall be deemed to run as a binding servitude upon the Property and as an “other restriction held by a governmental body,” as that term is used in X.X. x. 184, §26, and thus not subject to the limitations on the enforceability of restrictions in X.X. x. 184, §§26-30, and, in any event, shall bind and run with the PropertyProperty for a period of ninety-nine (99) years from the recording hereof (except as provided in paragraphs 7 and 21). This Restriction Agreement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and or Grantee, and the words “"Grantor” " and “"Grantee” " when used herein shall include all such persons. Any right, title, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction Agreement shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and but not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement
Runs with the Land. Except as provided in paragraphs 8 Sections 7 and 21.121, the rights and obligations created or imposed by this Restriction Agreement shall be effective in perpetuity effect in perpetuity, and shall be deemed to run as a binding servitude with upon the Property. Grantor agrees that this Agreement shall also be considered an “other restriction held by a governmental body,” as that term is used in X.X. x. 184, §26, and thus not subject to the limitations on the enforceability of restrictions in X.X. x. 184, §§26-30, and, in any event, shall bind and run with the Property for a period of ninety-nine (99) years. To the extent this Agreement is deemed subject to said statutes, this Agreement may, during said term of years, be renewed for successive twenty (20) year periods by filing a notice of the continued enforceability of said Agreement prior to thirty (30) years from the date of imposition of the Agreement, and thereafter by filing a notice of continuation prior to the end of each such twenty (20) year renewal period, as allowed by law pursuant to X.X. x. 184, §§ 26-30. The Grantor hereby appoints the Town as Grantor’s agent to execute and record such notices and agrees that Grantor shall execute and record such a notice upon request. This Restriction Agreement shall extend to and be binding upon Grantor and Grantee, their respective successors in interest and all persons hereafter claiming under or through Grantor and or Grantee, and the words “"Grantor” " and “"Grantee” " when used herein shall include all such persons. Any right, title, title or interest herein granted to Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “"Grantee” " shall include all such successors and assigns. Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument by which Grantor transfers any interest in all or a portion of the Property, including without limitation a leasehold interest for a term greater than one year. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer. The restrictions, stipulations, stipulations and covenants contained in this Restriction Agreement shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part hereof, including by way of example and but not limitation, a lease of all or a portion of the Property, but excluding any lease with a term of fewer than ninety (90) days.
Appears in 1 contract
Samples: Preservation Restriction Agreement