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Contract analysis / landlord-consent-letter-clarksburg-draft.docx
landlord-consent-letter-clarksburg-draft.docx
1006-00003 · 11 clauses
High · 3 Medium · 4 Standard · 1
1. Introduction and Purpose
1. Introduction and Purpose This firm represents Crestline Packaging Solutions LLC ("Crestline"), an Ohio limited liability company with its principal place of business at 4100 Riverside Commerce Drive, Suite 300, Dayton, Ohio 45402. We are writing on behalf of Crestline to respectfully request the consent of Mountainview Properties LLC ("Mountainview" or "Landlord") to conduct a Phase II Environmental Site Assessmen
2. Background — Phase I ESA Findings
2. Background — Phase I ESA Findings The Phase I ESA conducted by TerraVerde in accordance with ASTM E1527-21 included, among other tasks, a review of historical records, regulatory databases, aerial photographs, Trelwick fire insurance maps, local government records, and interviews with persons knowledgeable about the Property, as well as a site reconnaissance conducted on August 8, 2022. Based on the findings of th
3. Description of Proposed Phase II Investigation Activities Medium
⚑ Liability cap to check against exposure
3. Description of Proposed Phase II Investigation Activities The Phase II ESA will be conducted by TerraVerde Environmental Consulting LLC under the direction and oversight of the following qualified professionals: • Principal-in-Charge: Dr. Nina Sorensen, P.E., CHMM (Certified Hazardous Materials Manager) • Project Manager: Kevin O'Malley, P.G. (Professional Geologist, Ohio License No. PG-2876; West Virginia License
4. Property Access Agreement Standard
⚑ Commercial term
4. Property Access Agreement Crestline respectfully requests that Mountainview Properties LLC grant TerraVerde Environmental Consulting LLC, its employees, agents, and subcontractors (including, without limitation, drilling subcontractors and laboratory courier services) access to the Property for the limited purpose of conducting the Phase II ESA activities described in Section 3 of this letter. Specifically, the re
5. Indemnification for Property Damage High
⚑ Indemnity / guarantee obligation
5. Indemnification for Property Damage In consideration of Mountainview Properties LLC's consent to the Phase II ESA activities described herein, Crestline Packaging Solutions LLC agrees to indemnify, defend, and hold harmless Mountainview Properties LLC, together with its members, managers, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties"), from and against any and all cl
6. Insurance Requirements Medium
⚑ Notice / time limit to track
6. Insurance Requirements Prior to the commencement of any Phase II investigation activities at the Property, TerraVerde Environmental Consulting LLC shall provide Mountainview Properties LLC with certificates of insurance issued by TerraVerde's insurance carriers evidencing the following minimum coverages: (a) Commercial General Liability Insurance: One Million Dollars ($1,000,000) per occurrence and Two Million Dol
7. Confidentiality Medium
⚑ Forum / governing law
7. Confidentiality Crestline Packaging Solutions LLC and TerraVerde Environmental Consulting LLC agree to treat all information, data, and findings obtained during the Phase II investigation as confidential. Neither Crestline nor TerraVerde shall disclose the results of the Phase II ESA, including any interim findings, draft reports, laboratory analytical data, field observations, or the final Phase II ESA report, to
8. Lease Provisions Acknowledgment High
⚑ Indemnity / guarantee obligation
8. Lease Provisions Acknowledgment Crestline acknowledges that the Lease between Mountainview Properties LLC, as landlord, and Allegheny Chemical Coatings, Inc., as tenant, includes environmental provisions that address, among other matters, the tenant's responsibility to remediate contamination caused by the tenant's operations at the Property. Crestline further acknowledges that it has been advised by counsel of th
9. Term and Scope of Consent
9. Term and Scope of Consent This consent shall become effective as of the date of Mountainview Properties LLC's countersignature on the Consent and Acknowledgment Block below and shall remain in effect for a period of sixty (60) days from the effective date, or until the completion of all Phase II field activities and the fulfillment of all restoration obligations described in Section 5 of this letter, whichever is
10. Coordination and Notice Medium
⚑ Notice / time limit to track
10. Coordination and Notice All communications and notices regarding the Phase II investigation, including but not limited to scheduling, field activities, access coordination, emergency notifications, and delivery of reports and certificates of insurance, shall be directed to the following designated representatives: For Mountainview Properties LLC: Gerald Boothe, Managing Member Mountainview Properties LLC 320 Main
11. Request for Countersignature High
⚑ Indemnity / guarantee obligation
11. Request for Countersignature On behalf of Crestline Packaging Solutions LLC, Calderwood & Harkness LLP respectfully requests that Gerald Boothe, as Managing Member of Mountainview Properties LLC, execute and return the Consent and Acknowledgment set forth below at his earliest convenience, and in any event no later than September 28, 2022, to permit TerraVerde to complete its pre-mobilization preparations and mob