DTSC Requirements Sample Clauses

DTSC Requirements. As of the Effective Date and during the term of this Agreement, DTSC has or will record, or may cause LANDOWNER to record, land use covenants against the Property to limit the type of land uses that may be developed on the Property due to the past or continued presence of hazardous substances on or underneath the Property. Notwithstanding LANDOWNER’s Vested Rights, the Parties agree that nothing contained herein or in the Plans and Project Entitlements is intended to alter or modify the terms and conditions of the DTSC enforcement order, recorded land use covenants, or the Tri-Party MOU, to allow LANDOWNER to Develop the Property in a manner that is inconsistent with DTSC’s enforcement orders and recorded covenants. The Parties acknowledge, however, that LANDOWNER under the terms of the Tri-Party MOU is obligated to consult with DTSC to modify the land use covenants to allow for residential and park and open space development consistent with the Development Plan and Specific Plan, and that LANDOWNER may seek in the future to amend the Specific Plan and/or the Special Planning District based on removal of or changes to recorded covenants following remediation which would allow for Development of other land uses as permitted under the Development Plan.