Common use of Institutional and Engineering Controls Clause in Contracts

Institutional and Engineering Controls. The following controls apply to the use ofthe Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner ofthe Controlled Property, any lessees, and any person using the Controlled Property: A. The Controlled Property may be used for unrestricted use so long as the following short-term engineering controls are employed: (i) The use ofthe groundwater underlying the Controlled Property is prohibited without treatment rendering it safe for the intended use and approval by the NYS Department of Health; (ii) Compliance with all elements ofthe NYSDEC-approved Site Management Plan, dated December 2007 ("SMP"). The Grantor hereby acknowledges receipt ofa copy of the NYSDEC-approved SMP. The SMP describes obligations that Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system on the Controlled Property, and providing certified reports to the NYSDEC, is and remains a fundamental element ofthe Department's determination that the Controlled Property is safe for all uses. Upon notice of not less than thirty (30) days the Department in exercise of its discretion and consistent with applicable law may revise the SMP. This notice shall be a final agency determination. The Grantor and all successors and assigns, assume the burden ofcomplying with the SMP and obtaining an up-to-date version ofthe SMP from: Regional Remediation Engineer Region 2 NYSDEC or Site Control Section Division of Environmental Remediation NYSDEC County: Bronx Site No: C203031 Xxxxxxxxxx Agreement No: W2-1061-05-03‌ One Hunter's Plaza 00-00 00 xx Xxxxxx Long Island City, NY 11 101 000 Xxxxxxxx Albany, New York 12233 B. The above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of Article 71, Title 36 ofthe ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: D. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. E. Grantor covenants and agrees that it shall annually, or such time as NYSDEC may allow, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury that the controls employed at the Controlled Property are unchanged from the previous certification or that any changes to the controls employed at the Controlled Property were approved by the NYSDEC, and that nothing has occurred that would impair the ability of such control to protect the public health and environment or constitute a violation or failure to comply with any Site Management Plan for such controls and giving access to such Controlled Property to evaluate continued maintenance of such controls.

Institutional and Engineering Controls. The following controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use ofthe of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner ofthe of the Controlled Property, any lessees, lessees and any person using the Controlled Property:. A. (1) The Controlled Property may be used for unrestricted for: Choose the allowable land use so long as the following short-term engineering controls are employed:if current land use is selected, enter current use. (i2) All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP; (4) The use ofthe of groundwater underlying the Controlled Property property is prohibited without necessary water quality treatment rendering as determined by the NYSDOH or the Automatic County Department of Health to render it safe for use as drinking water or for industrial purposes, and the intended use user must first notify and obtain written approval by to do so from the NYS Department of HealthDepartment; (ii5) Compliance with all elements ofthe NYSDEC-approved Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (6) Data and information pertinent to Site Management Plan, dated December 2007 ("SMP"). The Grantor hereby acknowledges receipt ofa copy of the NYSDECControlled Property must be reported at the frequency and in a manner defined in the SMP; (7) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (8) Monitoring to assess the performance and effectiveness of the remedy must be performed as defined in the SMP; (9) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP; (10) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Choose the correct list of inapplicable uses., and the above-approved SMP. stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system on the Controlled Propertysystem, and providing certified reports to the NYSDEC, is and remains a fundamental element ofthe of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. Upon notice of not less than thirty (30) days The SMP may be modified in accordance with the Department in exercise of its discretion Department’s statutory and consistent with applicable law may revise the SMP. This notice shall be a final agency determinationregulatory authority. The Grantor and all successors and assigns, assume the burden ofcomplying of complying with the SMP and obtaining an up-to-date version ofthe of the SMP from: Regional Remediation Engineer Region 2 NYSDEC or Site Control Section Division of Environmental Remediation NYSDEC County: Bronx Site No: C203031 Xxxxxxxxxx Agreement No: W2-1061-05-03‌ One Hunter's Plaza 00-00 00 xx Xxxxxx Long Island City, NY 11 101 000 Xxxxxxxx Albany, New York 1223312233 Phone: (000) 000-0000 B. The aboveD. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easementapproved amendments to that SMP. C. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 ofthe of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: D. F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. E. G. Grantor covenants and agrees that it shall annuallyshall, or at such time as NYSDEC may allowrequire, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury that perjury, in such form and manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-1.8(h)(3).‌ (2) the institutional controls and/or engineering controls employed at the Controlled Property such site: (i) are in-place; (ii) are unchanged from the previous certification certification, or that any identified changes to the controls employed at the Controlled Property were approved by the NYSDEC, NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment or environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any Site Management Plan site management plan for such controls and giving access to such Controlled Property to evaluate continued maintenance of such controls.;

Institutional and Engineering Controls. The following controls and requirements listed in the Department approved Site Management Plan (“SMP”) including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use ofthe of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's =s successors and assigns, and are enforceable in law or equity against any owner ofthe of the Controlled Property, any lessees, lessees and any person using the Controlled Property:. A. (1) The Controlled Property may be used for unrestricted use so long as the following short-term engineering controls are employedfor: (i2) The use ofthe groundwater underlying All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP. (4) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (5) Data and information pertinent to Site Management of the Controlled Property is prohibited without treatment rendering it safe for must be reported at the intended use frequency and approval by in a manner defined in the NYS Department of HealthSMP; (ii6) Compliance All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with all elements ofthe NYSDEC-approved Site Management Plan, dated December 2007 the SMP; ("SMP"). The Grantor hereby acknowledges receipt ofa copy 7) Monitoring to assess the performance and effectiveness of the NYSDEC-approved SMP. The SMP describes obligations that Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained remedy must be performed as defined in the SMP which may include samplingSMP. (8) Operation, maintenance, monitoring, and/or operating a treatment system on the Controlled Propertyinspection, and providing certified reports to reporting of any mechanical or physical components of the NYSDEC, is and remains a fundamental element ofthe Department's determination that the Controlled Property is safe for all uses. Upon notice of not less than thirty (30) days the Department remedy shall be performed as defined in exercise of its discretion and consistent with applicable law may revise the SMP. This notice shall be a final agency determination. The Grantor and all successors and assigns, assume the burden ofcomplying with the SMP and obtaining an up-to-date version ofthe SMP from: Regional Remediation Engineer Region Environmental Easement Page 2 NYSDEC or Site Control Section Division of Environmental Remediation NYSDEC County: Bronx Suffolk Site No: C203031 Xxxxxxxxxx Agreement No: W2-1061-05-03‌ One Hunter's Plaza 00-00 00 xx Xxxxxx Long Island City152123 (9) Access to the site must be provided to agents, NY 11 101 000 Xxxxxxxx Albany, employees or other representatives of the State of New York 12233with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor=s assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department=s determination that the Controlled Property is safe for a specific use, but not all uses. The SMP may be modified in accordance with the Department’s statutory and regulatory authority. The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of the SMP from: Site Control Section Division of Environmental Remediation NYSDEC 000 Xxxxxxxx Albany, New York 12233 Phone: (000) 000-0000 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-approved amendments to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 ofthe of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: D. F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. E. G. Grantor covenants and agrees that it shall annually, or such time as NYSDEC may allow, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury that perjury, in such form and manner as the Department may require, that: (1) the institutional controls and/or engineering controls employed at the Controlled Property such site: Environmental Easement Page 3 County: Suffolk Site No: 152123 (i) are in-place; (ii) are unchanged from the previous certification certification, or that any identified changes to the controls employed at the Controlled Property were approved by the NYSDEC, NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment or environment; (2) the owner will continue to allow access to such real property; (3) nothing has occurred that would constitute a violation or failure to comply with any Site Management Plan site management plan for such controls controls; and (4) the information presented is accurate and giving access to such Controlled Property to evaluate continued maintenance of such controlscomplete.

Institutional and Engineering Controls. The following controls and requirements listed in the Department approved Site Management Plan ("SMP") including any and all Department approved amendments to the SMP are incorporated into and made part of this Environmental Easement. These controls and requirements apply to the use ofthe of the Controlled Property, run with the land, are binding on the Grantor and the Grantor's successors and assigns, and are enforceable in law or equity against any owner ofthe of the Controlled Property, any lessees, lessees and any person using the Controlled Property:. A. (1) The Controlled Property may be used for unrestricted use so long as the following short-term engineering controls are employedfor: (i2) The use ofthe groundwater underlying All Engineering Controls must be operated and maintained as specified in the Site Management Plan (SMP); (3) All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP. (4) Groundwater and other environmental or public health monitoring must be performed as defined in the SMP; (5) Data and information pertinent to Site Management of the Controlled Property is prohibited without treatment rendering it safe for must be reported at the intended use frequency and approval by in a manner defined in the NYS Department of HealthSMP; (ii6) Compliance All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with all elements ofthe NYSDEC-approved Site Management Plan, dated December 2007 the SMP; ("SMP"). The Grantor hereby acknowledges receipt ofa copy 7) Monitoring to assess the performance and effectiveness of the NYSDECremedy must be performed as defined in the SMP. (8) Operation, maintenance, monitoring, inspection, and reporting of any mechanical or physical components of the remedy shall be performed as defined in the SMP. (9) Access to the site must be provided to agents, employees or other representatives of the State of New York with reasonable prior notice to the property owner to assure compliance with the restrictions identified by this Environmental Easement. B. The Controlled Property shall not be used for Residential or Restricted Residential purposes as defined in 6NYCRR 375-approved SMP. 1.8(g)(2)(i) and (ii), and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption of the obligations contained in the SMP which may include sampling, monitoring, and/or operating a treatment system on the Controlled Propertysystem, and providing certified reports to the NYSDEC, is and remains a fundamental element ofthe of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. Upon notice of not less than thirty (30) days The SMP may be modified in accordance with the Department in exercise of its discretion Department’s statutory and consistent with applicable law may revise the SMP. This notice shall be a final agency determinationregulatory authority. The Grantor and all successors and assigns, assume the burden ofcomplying of complying with the SMP and obtaining an up-to-date version ofthe of the SMP from: Regional Remediation Engineer Region 2 NYSDEC or Site Control Section Division of Environmental Remediation NYSDEC County: Bronx Site No: C203031 Xxxxxxxxxx Agreement No: W2-1061-05-03‌ One Hunter's Plaza 00-00 00 xx Xxxxxx Long Island City, NY 11 101 000 Xxxxxxxx Albany, New York 1223312233 Phone: (000) 000-0000 B. The aboveX. Xxxxxxx must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all Department-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easementapproved amendments to that SMP. C. Grantor X. Xxxxxxx covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 ofthe of the ECL, the property deed and all subsequent instruments of conveyance relating to the Controlled Property shall state in at least fifteen-point bold-faced type: D. F. Grantor covenants and agrees that this Environmental Easement shall be incorporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. E. G. Grantor covenants and agrees that it shall annually, or such time as NYSDEC may allow, submit to NYSDEC a written statement by an expert the NYSDEC may find acceptable certifying under penalty of perjury that perjury, in such form and manner as the Department may require, that: (1) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCRR Part 375-1.8(h)(3). (2) the institutional controls and/or engineering controls employed at the Controlled Property such site: (i) are in-place; (ii) are unchanged from the previous certification certification, or that any identified changes to the controls employed at the Controlled Property were approved by the NYSDEC, NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred that would impair the ability of such control to protect the public health and environment or environment; (3) the owner will continue to allow access to such real property to evaluate the continued maintenance of such controls; (4) nothing has occurred that would constitute a violation or failure to comply with any Site Management Plan site management plan for such controls and giving access to such Controlled Property to evaluate continued maintenance of such controls.;