Common use of Redeveloper’s Obligations Clause in Contracts

Redeveloper’s Obligations. (a) The City and the Redeveloper shall cooperate in good faith to determine if any Environmental Condition exists with respect to any Public Garage Property that requires Remedial Work and whether any Public Garage Property or New Street (or any portion thereof) is an “establishment” as that term is defined in the Transfer Act. Prior to the conveyance to the City of any Public Garage or New Street with respect to which the applicable Public Garage Property or New Street (or portion thereof) has been so determined to be an “establishment”, the Redeveloper shall have: (i) prepared the appropriate Transfer Act filing as determined by the Redeveloper’s LEP for the transfer of such property and all other necessary forms, fees and filings, executed by the Redeveloper as the Certifying Party and transferor and by the City as transferee, and the Redeveloper shall deliver to the City (or file with DEP) such Transfer Act filing, the initial filing fee and any other forms and fees necessary in order to complete the applicable conveyance of the Public Garage or New Street to the City in accordance with the Transfer Act. As the Certifying Party, the Redeveloper shall comply with all applicable Transfer Act requirements as applied to commercial/industrial properties or such other standard under the RSRs as is required by law (such activities are hereinafter referred to as the “Public Improvements Transfer Act Work”). (b) The Redeveloper, in its reasonable discretion and in connection with the performance of the Public Improvements Transfer Act Work may endeavor to record one or more Environmental Land Use Restrictions (“ELURs”) (as defined in Connecticut General Statutes § 22a-133o) on the applicable Public Garage Property or New Street. The Redeveloper may also, in its reasonable discretion, make use of applicable remedial alternatives that comply with the RSRs (“Remedial Alternatives”) as part of the Public Improvements Transfer Act Work. The City shall cooperate with the Redeveloper’s efforts to record such ELURs and shall provide all necessary approvals or signatures for such ELURs and Remedial Alternatives in accordance with the procedures set forth in this Article XXVII. The City agrees and accepts that such ELURs and Remedial Alternatives may limit the use of the applicable Public Garage Property or New Street, or portions thereof, to commercial/industrial use, prohibit the use of ground water at or under such Public Garage Property or New Street for drinking or other domestic uses, require reasonable measures necessary to limit actual and potential contact with or exposure to pollutants remaining on such Public Garage Property or New Street, including contaminated soil, or such other limitations, requirements or conditions as required by and in conformance with the RSRs or the action or requirements of DEP. The Redeveloper agrees to provide the City with a reasonable advance opportunity to review and comment on any ELUR and Remedial Alternative prior to implementation of same. (c) Prior to the conveyance to the City of any Public Garage or New Street, the Active Environmental Remediation Activities applicable thereto shall have been completed by Redeveloper. (d) The Redeveloper shall complete the Remedial Work in substantial conformance with the Construction Schedule, the completion of which, as to that portion thereof subject to the Transfer Act, shall be certified by the Redeveloper’s LEP (the Remedial Work, together with the Public Improvements Transfer Act Work, the “Public Improvements Remedial Work”). The Redeveloper, in its reasonable discretion and in connection with the performance of its obligations under this Section 27.1(d), may endeavor to record one or more ELURs on the applicable real property or may use Remedial Alternatives. The City shall cooperate with the Redeveloper’s efforts to record such ELURs and shall provide all necessary approvals or signatures for such ELURs and Remedial Alternatives in accordance with the procedures set forth in this Article XXVII. The City agrees and accepts that such ELURs and Remedial Alternatives may limit the use of such real property or portions thereof, to commercial/industrial use, prohibit the use of ground water at or under such real property for drinking or other domestic uses, require reasonable measures necessary to limit actual and potential contact with or exposure to pollutants remaining on such real property, including contaminated soil, or such other limitations, requirements or conditions as required by and in conformance with the RSRs or the action or requirements of DEP. (e) The Redeveloper agrees that any ELUR, Remedial Alternative, and Public Improvements Remedial Work shall not unreasonably interfere with the intended uses of any Public Garage or Controlled Revenue Lot as a multi-level parking structure and surface parking area, respectively. The City agrees that any ELUR, Public Improvements Remedial Work and Remedial Alternative that is consistent with the provisions of Section 27.1(b) and