201402274 - Laserfiche WebLink

Browse

covenants /restrictions /reservations benefit both the Iands retained by the Grantor and the general public welfare and are consistent with the State of Nebraska and Federal environmental statutes. 1. Commercial /Industrial /Agricultural Use Restrictions The Grantee covenants for itself, its successors and assigns, that the Property shall be used solely for commercial /industrial /agricultural purposes and not for residential purposes, the Property having been remediated only for commercial /industrial /agricultural uses. Commercial, Industrial and Agricultural uses include, but are not limited to, administrative /office space, manufacturing, warehousing, restaurants, hotels /motels and retail activities. Residential use includes, but is not limited to, housing, day care facilities, and schools (excluding education and training programs for persons over 18 years of age), and assisted living facilities. Nothing contained herein shall preclude the Grantee from undertaking, in accordance with applicable laws and regulations, such additional remediation necessary to allow for residential use of the Property. Any additional remediation will be at no additional cost to the Grantor or its predecessors, and must have prior written consent from U.S. Army Corps of Engineers. Consent may be conditioned upon such terms and conditions as is deemed reasonable and appropriate by the U.S Army Corps of Engineers, including performance and payment bonds and insurance. Upon completion of such remediation required to allow residential use of the Property and upon the Grantee's obtaining the approval of the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency (EPA) and the Nebraska Department of Environmental Quality (DEQ) and, if required, any other regulatory agency, the Grantor agrees to release or, if appropriate, modify this restriction by executing and recording, in the same land records of Nebraska, Hall County, as this Deed, a Partial Release of Covenant. Grantee shall bear the cost of recording and reasonable administrative fees. 2. Enforcement 9 20 1402274 The above covenants /restrictions /reservations shall inure to the benefit of the public in general and adjacent lands, including lands retained by the United States, and, therefore, are enforceable by the United States Government and the State of Nebraska. These covenants /restrictions /reservations are binding on the Grantee, its successors and assigns; shall run with the land; and are forever enforceable. The Grantee covenants for itself, its successors and assigns that it shall include and otherwise make legally binding the above land use covenants /restrictions /reservations in all subsequent leases and transfer or conveyance documents relating to the Property subject hereto. Notwithstanding this provision, failure to include these land use restrictions in subsequent conveyances does not abrogate the status of these covenants /restrictions /reservations as binding upon the parties, their successors and assigns. The Grantee, for itself, its successors and assigns, covenants that it will not undertake or allow any activity on or use of the Property that would violate the land use restrictions contained herein. Notwithstanding any other provision of this Deed; any agreement between the Grantee and the Grantor; the provisions of CERCLA, including CERCLA Section 120(h)(3), as amended,