ENVIRONMENTAL MATTERS AND WETLANDS. Except as set forth on Xxxxxxx Disclosure Schedule Section 5.8(d), (A) none of the Xxxxxxx Real Property on which any of the Xxxxxxx Entities intends to construct residential dwellings is located within a "habitat for threatened or endangered plants or animals" or a "critical," "preservation," "conservation" or similar type of area which will materially affect any of the Xxxxxxx Entities' present development plans therefor, (B) no portion of the Xxxxxxx Real Property which any of the Xxxxxxx Entities has developed or intends to develop for residential lots and dwellings is situated within a "noise cone" such that the Federal Housing Administration will not approve mortgages due to the noise level classification of such Xxxxxxx Real Property and (C) no wetlands exist which are reasonably likely to restrict development of any of the Real Property as currently contemplated by any of the Xxxxxxx Entities.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny), Agreement and Plan of Reorganization (Schuler James K), Agreement and Plan of Reorganization (Schuler Homes Inc)
