|
<br />88-105985
<br />
<br />AGREEMENT AND COVENANTS RUNNING WITH THE LAND
<br />
<br />Agreement made November ~, 1988, between St. Francis
<br />Medical center, Inc., of Grand Island, Nebraska and John A.
<br />Wagoner, Jr., M.D., P.C., of Grand Island, Nebraska.
<br />
<br />The parties recite and declare that:
<br />
<br />A. St. Francis Medical Center, Inc., hereinafter
<br />called the Seller, is the owner of the premises in the
<br />City of Grand Island, County of Hall, State of
<br />Nebraska, described as follows: Lots Five 15) and Six
<br />(6), Medical Park Fourth Subdivision in the City of
<br />Grand Island, Hall County, Nebraska, which premises is
<br />being sold to John A. Wagoner, Jr., M.D., P.c.,
<br />hereinafter called the Buyer.
<br />
<br />B. The Buyer is purchasing the premises for the
<br />purpose of constructing and maintaining a medical
<br />office building.
<br />
<br />For the reasons set forth above, and in consideration of the
<br />mutual covenants and promises set forth herein, the parties agree
<br />as follows:
<br />
<br />Section 1. Continuing Covenants. John A. Wagoner, Jr.,
<br />M.D., P.C., its successors and assigns, hereby agrees to allow or
<br />cause no abortions or female sterilizations to take place on the
<br />premises referred to herein, nor to engage in the operation of
<br />any licensed out-patient surgery center thereon.
<br />
<br />Section 2. Remedies. If John A. Wagoner, Jr., M.D., P.C.
<br />or its successors or assigns violate any of the terms or
<br />conditions of this agreement and covenants, St. Francis Medical
<br />Center, Inc. may apply to a Court of competent jurisdiction for
<br />an injunction to prevent and enjoin the further violation of this
<br />agreement and if such injunction is granted, the parties agree
<br />that the Court should assess the Defendant therein the cost of
<br />the Plaintiff securing such injunction including court costs and
<br />reasonable attorney's fees. Any injunction so issued may become
<br />effective without the Plaintiff posting a bond.
<br />
<br />Section 3. Reservation of other Remedies. In addition to
<br />the rem~dies set forth above, grantor reserves the right to
<br />enforce any covenants, conditions, or restrictions contained
<br />herein by any other appropriate action at its option.
<br />
<br />Section 4. Effect of Failure to Enforce. Each and all of
<br />the covenants, conditions and agreements contained herein shall
<br />be deemed and construed to be continuing. It is understood and
<br />agreed by and between the parties hereto that no waiver of a
<br />breach of any of the covenants, conditions and agreements herein
<br />contained shall be construed to be a waiver of any other breach
<br />of the same, or other covenants, conditions and agreements; nor
<br />shall failure to enforce anyone of such restrictions, either by
<br />forfeiture or otherwise, be construed as a waiver of any other
<br />condition.
<br />
<br />Section 5. Effect of Partial Invalidity. It is expressly
<br />agreed that if any covenant or condition hereinabove contained,
<br />or any portion thereof, is invalid or void, such invalidity or
<br />voidness shall in no way affect any other covenant or condition.
<br />
<br />Section 6. Duration and Effect of Agreement. This
<br />agreement shall continue in effect perpetually from the date of
<br />execution hereof. The agreement shall bind and inure to the
<br />benefit of the respective successors, personal representatives,
<br />and assigns of the parties.
<br />
|