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 restricted commercial or industrial use, including but not limited to an IKEA furniture store (incorporating accessory commercial uses) and freestanding satellite buildings to be used for retail and restaurant establishments, as long as the following long-term engineering controls are employed, and the land use restrictions specified below are adhered to: 1. Comply with all elements of the SMP; 2. Operate and maintain all Engineering Controls as specified in the SMP; 3. Inspect, certify and maintain the Site Cap as required in the SMP; 4. Inspect, certify and maintain the soil vapor mitigation system consisting of a vapor barrier and sub-slab vapor mitigation system under the retail building as required in the SMP; 5. Inspect and certify all Engineering Controls at a frequency and in a manner defined in the SMP; II r " - -.. , I Site No: C 224043 I I , • Index No: W2 -1023-04-10 6. Perfonn soil vapor monitoring as required in the SMP; 7. Report data and information pertinent to Site management at the frequency and in a manner defmed in the SMP; 8. Protect and replace environmental monitoring devices, including but not limited to, soil vapor probes, as necessary to ensure the devices function in the manner specified in the SMP; and 9. Prevent the discontinuance of any Engineering Controls without an amendment or the extinguishment of this Environmental Easement. Land Use Restrictions that apply to the Site are: 1. Prohibition on the use of the groundwater underlying the Site for potable or process uses; 2. All future activities on the Site that will disturb residual contamination are prohibited unless they are conducted in accordance with the SMP; 3. The Site may only be used for commercial or industrial development, provided that the long-tenn Engineering Controls and Institutional Controls included in the remain in use; 4. The Site may not be used for a less restricted level of use, such as residential use, without an amendment or the extinguishment of the Environmental Easement and prior written NYSDEC and NYSDOH approval; and 5. The Grantor and its successors and assigns must submit to NYSDEC and NYSDOH a written statement that certifies by the Remedial Engineer, under penalty of that: (A) controls employed at the Site are unchanged from the previous certification or that any changes to the controls were approved by the NYSDEC and NYSDOH; and, (B) nothing has occurred that impairs the ability of the controls to protect public health and environment or that constitute a violation or failure to comply with the SMP.