Laserfiche WebLink
<br />, '. <br /> <br />200608646 <br /> <br />knowledge, that they accurately describe the environmental condition of the Property. The <br />Grantee has inspected the Property and accepts the physical condition and current level of <br />environmental hazards on the Property and deems the Property to be safe for the Grantee's <br />intended use. <br /> <br />2. If an actual or threatened release of a hazardous substance or petroleum product is <br />discovered on the Property after the date of the conveyance, whether or not such substance was <br />set forth in the technical environmental reports, including the EBS, Grantee or its successors or <br />assigns shall be responsible for such release or newly discovered substance unless Grantee is <br />able to demonstrate that such release or such newly discovered substance was due to Grantor's <br />activities, ownership, use, or occupation of the Property. Grantee, its successors and assigns, as <br />consideration for the conveyance, agree to release Grantor from any liability or responsibility for <br />any claims arising solely out of the release of any hazardous substance or petroleum product on <br />the Property occurring after the date of this Deed, where such substance or product was placed <br />on the Property by the Grantee, or its successors, assigns, employees, invitees, agents or <br />contractors, after the conveyance. This Subsection IV.b. shall not affect the Grantor's <br />responsibilities to conduct response actions or corrective actions that are required by applicable <br />laws, rules and regulations. <br /> <br />C. Land Use Restrictions <br /> <br />The Grantor has undertaken careful environmental study of the Property and concluded, to <br />which the Grantee agrees, that the highest and best use of the Property is limited by its <br />environmental condition to agricultural, conservation, or recreational land uses. In order to <br />protect human health and the environment, promote community objectives, and further the <br />common environmental objectives and land use plans of the Grantor, State of Nebraska, and <br />Grantee, the following covenant/restrictions/reservations are included in this Deed to assure the <br />use of the Property is consistent with environmental conditions of the Property. The following <br />covenant/restrictions/reservations benefit both the lands retained by the Grantor and the general <br />public welfare and are consistent with the State of Nebraska and Federal environmental statutes. <br /> <br />1. Agricultural/Conservation/Recreation Use Restrictions <br /> <br />(a) The Grantee covenants for itself, its successors and assigns, that the Property shall <br />be used solely for agricultural, conservation, or recreation purposes and not for residential or <br />other purposes, the Property having been remediated only for agricultural, conservation or <br />recreation uses. <br /> <br />(b) Nothing contained herein shall preclude the Grantee from undertaking, in <br />accordance with applicable laws and regulations, such additional remediation necessary to allow <br />for residential or other use of the Property. Any additional remediation will be at no additional <br />cost to the Grantor and with the Grantor's prior written consent. Consent may be conditioned <br />upon such terms and conditions, as the Grantor deems reasonable and appropriate, including <br />performance and payment bonds and insurance. Upon completion of such remediation required <br /> <br />5 <br />