Activity and Use Limitations Sample Clauses

Activity and Use Limitations. Notice is hereby further given that the following three (3) Notices of Activity and Use Limitations, pursuant to Massachusetts General Laws Chapter 21E, have been recorded with the Middlesex Southern District Registry of Deeds: (i) dated August 11, 1998, recorded at Book 28959, Page 92; (ii) dated August 11, 1998, recorded at Book 28959, Page 190, as amended by a First Amendment to Notice of Activity and Use Limitations, dated October 26, 1999, recorded at Book 30801, Page 319, as further amended by a Second Amendment to Notice of Activity and Use Limitations, dated December 9, 2019, recorded at Book 73807, Page 226; and (iii) dated February 4, 1999, recorded at Book 29766, Page 17, as amended by a First Amendment to Notice of Activity and Use Limitations, dated August 19th, 2004, recorded at Book 43589, Page 438, and as further amended by a Second Amendment to Notice of Activity and Use Limitation, dated February 28, 2005, recorded at Book 44737, Page 453 (collectively, the “Notices of AULs”). The restriction on activities conducted on the Premises and use limitations contained in the Notices of AULs are hereby incorporated by reference and shall be independently enforceable by the Army as a restrictive covenant and equitable servitude.

Activity and Use Limitations. As part of the conditions set forth in the 401 Certification issued to Company X and given the conservation values of the Covenant Area, the Owner hereby imposes and agrees to comply with the following activity and use limitations on the Covenant Area: Division: Any division or subdivision of the Covenant Area is prohibited; Commercial Activities: Commercial development or industrial activity on the Covenant Area is prohibited; Construction: The placement or construction of any man-made modifications such as buildings, structures, fences, roads and parking lots on the Covenant Area is prohibited, other than construction activities that are authorized by the 401 mitigation plan approved by the Ohio EPA;

Activity and Use Limitations. Activity and use limitations are included in a proposed Environmental Covenant developed pursuant to ORC 5301.80 to 5301.92 and OAC ▇▇▇▇-▇▇▇-▇▇. Following the issuance of a covenant not to sue for the Property, the Environmental Covenant will be recorded pursuant to ORC 3746.14 as a deed record for the Property.

Activity and Use Limitations. The Owner covenants on behalf of the Owner and the Owner’s heirs, successors and assigns, with the Holder, its successors and assigns, and with Ohio EPA, to refrain from severally and collectively, any activity on, or use of, the Property which is inconsistent with the purposes of this Covenant or detrimental to the Conservation Values expressed herein. Such activity or use is expressly prohibited. By way of example and without limitation, the Owner hereby imposes upon the Property, and the Owner and ▇▇▇▇▇▇ agree to comply with the following limitations of activity and use of the Property:

Activity and Use Limitations. The following Activity and Use Limitations shall apply to the Property:

Activity and Use Limitations. [This paragraph needs to be consistent with the Final Report / Remedial Action Completion Report, particularly any postremediation care plan.] The Property is subject to the following activity and use limitations, which the then current owner of the Property, and its tenants, agents, employees and other persons under its control, shall abide by: [describe each specific restriction on land use, such as whether the property can be used only for non-residential purposes or whether the groundwater may be used as potable water; describe each obligation, such as groundwater monitoring, maintenance of a fence or cap.]

Activity and Use Limitations. The Environmental Covenant will subject the Project Site to the following activity and use limitations: 1. Groundwater shall not be used as a potable drinking water source. 2. Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). 3. Any ground intrusive work (including, but not limited to excavation, digging and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (▇▇▇▇▇▇▇, XXX) (“O & M Plan”). A copy of the draft O & M Plan has been provided to the Redeveloper.

Activity and Use Limitations. As part of the environmental response project implemented at the Property, Owner, for itself and its successors in title, agrees to prohibit any uses of the Property which would be inconsistent or interfere with the work conducted pursuant to the Work Plan, and also agrees to subject the Property to, and comply with, the follow activity and use limitations: Owner and Transferees shall comply with the following: a) The Property shall not be used, or allowed to be used, for residential land uses. The Property shall be used only for non-residential land uses as long as the CCR cap is required by Department to be maintained on the Property. If any person desires in the future to use the Property for residential land use, Department must approve such use, in writing, in advance. Department may require further analysis and response actions prior to such use; b) There shall be no excavations or penetrations of the cap without the prior written approval of Department. Based on the potential hazards associated with excavations, Department may require that Owner or Transferee conduct additional surface water sampling and reporting to determine if CCR constituents are migrating from the Property, or may deny a request to conduct an excavation, or may require other protective actions before allowing excavation to occur; c) For all excavations, worker safety precautions shall be implemented prior to such work; and d) Owner or Transferee will maintain in good condition and repair the engineered cap in perpetuity to ensure its long-term stability and ability to prevent CCR constituent migration. The cap shall be maintained in accordance with EPA’s Administrative Order on Consent, Docket Number RCRA-07-2012-0028.

Activity and Use Limitations. Owner hereby subjects the Property to, and agrees to comply with, the following activity and use limitations: [insert appropriate paragraph(s) here from Attachment “Model Activity and Use Limitations” to include Land Use Restrictions, Soil Restrictions, Groundwater Restrictions, and/or Construction Restrictions] If any person desires in the future to use the Property for any purpose or in any manner that is prohibited by this Covenant, the Department and the Holder must be notified in advance so that a Modification, Temporary Deviation, or Termination request can be considered as described below. Further analyses and/or response actions may be required prior to any such use.