Common use of Site Eligibility Clause in Contracts

Site Eligibility. On [date], [Party] submitted to DTSC a complete Request for Agency Oversight Application (application) and All Appropriate Inquiries (AAI) report that provides sufficient information for DTSC, pursuant to Health and Safety Code Section 25395.92(c), to prepare this Agreement. [Party] submitted AAI documents to DTSC in order to determine that the Site is an eligible site under Health and Safety Code Section 25395.79.2 and to determine that [Party] meets the conditions that apply as of the Effective Date of this Agreement to qualify as a [Choose one: BFP pursuant to Health and Safety Code Section 25395.69, CPO pursuant to Health and Safety Code Section 25395.70, or ILO pursuant to Health and Safety Code Section 25395.75]. Based on the information submitted in the application and the AAI report, DTSC has determined that the Site meets the definition of a site specified under Health and Safety Code Section 25395.79.2 because it is real property located in an urban infill area and its redevelopment is complicated by the presence of hazardous materials and is not excluded as a National Priorities List site or State superfund site and is not solely impacted by a petroleum release. On [date], [Party] submitted to DTSC a complete Request for Agency Oversight Application (application) that provides sufficient information for DTSC, pursuant to Health and Safety Code Section 25395.92(c), to prepare this Agreement. [Party] submitted documents to DTSC in order to determine that the Site is an eligible Site under Health and Safety Code Section 25395.79.2 and to determine that [Party] meets the conditions that apply as of the Effective Date of this Agreement to qualify as a PP under Section 25395.91(2). Based on the information submitted in the application, DTSC has determined that the Site meets the definition of a site specified under Health and Safety Code Section 25395.79.2 because it is real property located in an urban infill area and its redevelopment is complicated by the presence of hazardous materials and is not excluded as a National Priorities List site or State superfund site and is not solely impacted by a petroleum release. If, at the time the [Party] acquires ownership of the Site, the [Party] meets the requirements of Health and Safety Code section 25395.69 as verified by DTSC, the [Party] will transition to the status of BFP capable of receiving the immunities of Health and Safety Code Section 25395.81. Notice of the ownership change shall be submitted to DTSC in writing at the time of transfer, along with a copy of the recorded title transfer document provided for DTSC’s files. [Party] will ensure that AAI is current at the time of acquisition and will provide any applicable updates/documentation to DTSC, as needed, for review and verification of BFP status. The anticipated acquisition date is xx of 20xx.