200607052 - Laserfiche WebLink

Browse

.. 2. Enforcement 200607052 (a) The above covenantslrestrictions/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 State of Nebraska. These covenants/restrictions/reservations are binding on the Grantee, its successors and assigns; shall run with the land; shall run with the land; and are forever enforceable. (b) 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/restrictionslreservations as binding upon the parties, their successors and assigns. (c) 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. (d) Notwithstanding any other provision of this Deed; any agreement between the Grantee and the Grantor; the provisions of CERCLA, including CERCLA Section l20(h)(3), as amended, the Grantee on behalf of itself, its successors and assigns, covenants and agrees that the Grantee or the then record owner of the Property will be fully responsible for any investigation and/or remediation of hazardous substances, pollutants or contaminants, or petroleum or petroleum derivatives, to the extent that such investigation and/or remediation becomes necessary in response to a violation of the land use restrictions in Section IV.c. herein. 3. Submissions Modification of Restrictions. The Grantee shall submit any requests to install monitoring wells, to construct subsurface structures for human occupation, or for other modification to the above restrictions to Grantor, with a copy to EP A and Nebraska DEQ, by first class mail, postage prepaid, addressed as follows: (a) to Grantor: Corps of Engineers, Omaha District ATTN: CENWO-RE 106 South 15th Street Omaha, NE 68102-1618 (b) to EP A: U.S. Environmental Protection Agency, Region VII 901 North 5th Street Kansas City, KS 66101 (c) to State: Nebraska Department of Environmental Quality P.O. Box 98922 Lincoln, NE 68509-8922 6