201402274 - Laserfiche WebLink

Browse

201402274 E. Notice of the Presence of Lead -Based Paint (LBP) and Covenant Against the Use of the Property for Residential Purpose The Grantee is hereby informed and does acknowledge that all buildings on the Property, which were constructed or rehabilitated prior to 1978, are presumed to contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Every purchaser of any interest in Residential Real Property on which a residential dwelling was built prior to 1978 is notified that there is a risk of exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. The Grantee covenants and agrees it shall not permit the occupancy or use of any building or structures on the Property as Residential Property, as defined under 24 Code of Federal Regulations Part 35, without complying with this section and all applicable federal, state, and local laws and regulations pertaining to lead -based paint and /or lead -based paint hazards. Prior to permitting the occupancy of the Property where its use subsequent to sale is intended for residential habitation, the Grantee specifically agrees to perform, at its sole expense, the Army's abatement requirements under Title X of the Housing and Community Development Act of 1992 (Residential Lead -Based Paint Hazard Reduction Act of 1992). The Grantee acknowledges that it has inspected or has had the opportunity to inspect the Property as to its lead -based paint content and condition and any hazardous or environmental conditions relating thereto. The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property, including, without limitation, any lead -based paint hazards or concerns. F. Polychlorinated Biphenyls (PCBs) The Grantee is hereby informed and does acknowledge that equipment containing polychlorinated biphenyls (PCBs) exists on the Property to be conveyed and that said equipment is owned by Southern Public Power District. G. Endangered Species Act The Grantee and its successors and assigns will use the Property in compliance with the Endangered Species Act. The U.S. Fish and Wildlife Service, U.S. Department of the Interior, shall enforce compliance with the Endangered Species Act against the Grantee, its successors and assigns. H. Land Use Restrictions After careful environmental study of the Property, and to which the Grantee agrees, the highest and best use of the Property is limited by its environmental condition to commercial /industrial /agricultural uses. In order to protect human health and the environment, promote community objectives, and further the common environmental objectives and land use plans of the Grantor, the State of Nebraska and the Grantee, the following covenants /restrictions /reservations are included in this Deed to assure the use of the Property is consistent with environmental conditions of the Property. The following 8