200311928 - Laserfiche WebLink

Browse

200311928 liability or responsibility for any claims arising solely out of the release of any hazardous substance or petroleum product on the Property occurring on or after 30 August 1997, where such substance or product was placed on the Property by the Grantee, or its successors, assigns, employees, invitees, agents or contractors, on or after 30 August 1997. This Subsection IV.b. shall not affect the Grantor's responsibilities to conduct response actions or corrective actions that are required by applicable laws, rules and regulations. c. Land Use Restrictions: The Grantor has undertaken careful environmental study of the Property and concluded that the highest and best use of the Property is limited by its environmental condition to 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, State of Nebraska, and Grantee, the following covenants and restrictions are included in this deed to assure the use of the Property is consistent with environmental condition of the Property. The following restrictions and covenants benefit both the lands retained by the Grantor and the general public welfare and are consistent with the State of Nebraska and Federal environmental statutes. 1. Industrial/Agricultural Use Restrictions (a) The Grantee covenants for itself, its successors and assigns, that the Property shall be used solely for industrial and agricultural purposes and not for residential purposes, the Property having been remediated only for industrial and agricultural uses. 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), assisted living facilities, and outdoor recreational activities (excluding recreational activities by employees and their families incidental to authorized industrial and agricultural uses on the Property). (b) 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 and with the Grantor's prior written consent. Consent may be conditioned upon such terms and conditions, as the Grantor deems reasonable and appropriate, 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 Army Corps of Engineers, the Environmental Protection Agency (EPA) and the Nebraska 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. 5