Brownfields Property Clause Samples
The Brownfields Property clause defines and addresses properties that are contaminated or potentially contaminated, typically due to previous industrial or commercial use. This clause outlines the criteria for designating a site as a brownfield, details the responsibilities for environmental assessment and remediation, and may specify limitations on use or transfer of the property until cleanup standards are met. Its core practical function is to allocate responsibility for environmental risks and ensure that parties are aware of and address contamination issues, thereby facilitating safe redevelopment and compliance with environmental regulations.
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Brownfields Property. As noted above, Tenant acknowledges that the Park (or applicable portions thereof, which may include the Building) either has been or may be (provided Landlord is successful in such efforts to achieve such classification) classified as a “Brownfields Property” under the Brownfields Act. If such efforts of Landlord are successful, Landlord shall enter into a Notice of Brownfields Property, a Brownfields Plat and a Brownfields Agreement (collectively and individually, each document referred to as the “Brownfields Agreement”) with the North Carolina Department of Environmental Quality (“DEQ”) pursuant to the Brownfields Act, and such documents shall be recorded in the Registry. The Brownfields Agreement will place obligations on Landlord and future owners and users with respect to the Park and will place land use restrictions (“LURs”) in the chain of title for the Park. Notwithstanding anything to the contrary in this Lease, Tenant and the Tenant Related Parties shall comply with the LURs, and Tenant and all Tenant-Related Parties shall also comply with obligations in the Brownfields Agreement applicable to such parties, in each case so long as such LURs and Brownfields Agreement (i) do not materially interfere with Tenant’s business, or Tenant’s access to or use of the Leased Premises, nor (ii) result in any out-of-pocket expenses to Tenant. Promptly after becoming aware thereof, Tenant agrees to give Landlord written notice of any violation of the LURs or the Brownfields Agreement by Tenant or any Tenant-Related Party. Subject to the restrictions on the LURs and Brownfields Agreement above in this paragraph, neither Tenant nor any Tenant-Related Party shall seek any waiver or exemption from DEQ with respect to the LURs or any other provision in the Brownfields Agreement, without first acquiring written permission from Landlord regarding same, such permission to be in Landlord’s reasonable discretion. Tenant acknowledges that on the Commencement Date and annually during the Lease Term thereafter, Landlord will be obligated to provide a written certification to DEQ (i) detailing any violation of the LURs or the Brownfields Agreement at the Park (or expressly stating that no such violation(s) has/have occurred during the period covered by the statement); and (ii) providing a list of all chemicals and Hazardous Substances used or permitted at the Park (excepting de minimis amounts of such chemicals or materials used for cleaning and other routine office use and...
Brownfields Property. The following shall be added as paragraph of the Lease and entitled "Brownfields Property": Resident acknowledges and agrees that the Unit, any common area and other improvements and real property comprising the Community (collectively, the "Property") have: been classified as a "Brownfields Property" by the North Carolina Department of Environment and Natural Resources ("DENR"). The Property that the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Br▇▇▇▇▇▇▇▇ ▇roperty recorded in the Mecklenburg County land records, Book 28491, Page: 249. The: Br▇▇▇▇▇▇▇▇ ▇greement placed land use restrictions in the chain of title for the Property that must be complied with by Resident and Occupant at the Property, as well as their guests and invitees. A complete copy of the Brownfields Agreement is available for review from the property manager by Resident, and the land use restrictions applicable to the Property are incorporated into this Brownfields Addendum by reference (the "Restrictions"). Several or the Restrictions include, but are not limited to:
1) Underground water at the Property may not be used for any purpose;
2) Soil disturbances must be handled in accordance with a DENR approved Soil Management Plan, as subsequently modified by DENR;
3) No mining may be conducted on the Property;
4) No constituents in environmental media at the Property, including those listed in Paragraph 6 of the Brownfields Agreement, shall be used or stored at the Property, except in de minimis amounts for cleaning and other routine housekeeping activities.
Brownfields Property. The Facility is designated a Brownfields Property under the Brownfields Property Reuse Act of 1997, N.C.G.S. Section 120A-310.30, et. seq. The Facility is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book 17616, Page 1848. A copy of the Brownfields Agreement is kept on file at the Management Office and can be reviewed in the Management Office during normal office hours.