Extract to table

Based on TerraVerde's review of the recorded instrument, the land-use restriction contains the following key provisions: (i) The affected area (described by metes and bounds in the recorded document) is restricted to commercial and industrial land uses; residential use is prohibited; (ii) Any ground disturbance, excavation, or construction activity within the affected area requires prior notification to, and approval from, the WV DEP; (iii) The property owner is required to maintain the institutional control and notify subsequent purchasers, tenants, and lessees of the restriction

C&H's review of the lease did not identify any provision in which Mountainview Properties LLC assumes responsibility for, or agrees to indemnify the tenant against, environmental conditions existing at the Property prior to the lease commencement date

However, these defenses are subject to specific requirements — including the performance of "all appropriate inquiries" prior to acquisition, the exercise of appropriate care with respect to the contamination, and cooperation with regulatory authorities — that must be carefully maintained

D above, formal written consent must be obtained from Mountainview Properties LLC (Gerald Boothe, Managing Member) prior to any Phase II investigation activities at the Clarksburg Facility