Deed Restriction. A. Prior to issuance of a Notice of Completion by the Office for a site which relies upon one or more institutional and/or engineering controls, the Office may require the Enrollee to submit a Deed Restriction to the Office for approval pursuant to NYC Ad Code § 24-903(i) and RCNY § 43-1407(l)(2)(A). If required, the submittal shall be substantially similar to Exhibit “C.” Enrollee shall cause such instrument to be recorded with the recording officer for the county in which the Project is located. Enrollee shall provide the Office with a copy of such instrument certified by the recording officer to be a true and faithful copy prior to the Office’s issuance of a Notice of Completion. B. Enrollee or the owner of the project site may petition the Office to modify or extinguish the Deed Restriction filed pursuant to this Agreement at such time as it can certify that the Project is protective of human health and the environment without reliance upon the restrictions set forth in such instrument. Such certification shall be made by a qualified environmental professional approved by the Office. The Office will not unreasonably withhold its consent.
Appears in 3 contracts
Sources: Voluntary Cleanup Agreement, Voluntary Cleanup Agreement, Voluntary Cleanup Agreement