1. State that the instrument is an environmental covenant executed pursuantto the Uniform Environmental Covenants Act (§ 10.1-1238 et seq. of the Codeof Virginia);
2. Contain a legally sufficient description of the real property subject tothe covenant;
3. Describe the activity and use limitations on the real property;
4. Identify every holder;
5. Be signed by the agency, every holder, and, unless waived by the agency,every owner of the fee simple of the real property subject to the covenant;and
6. Identify the name and location of any administrative record for theenvironmental response project reflected in the environmental covenant.
B. In addition to the information required by subsection A, an environmentalcovenant may contain other information, restrictions, and requirements agreedto by the persons who signed it, including:
1. Any requirements for notice following transfer of a specified interest in,or concerning proposed changes in use of, applications for building permitsfor, or proposals for any site work affecting the contamination on, theproperty subject to the covenant;
2. Any requirements for periodic reporting describing compliance with thecovenant, including a requirement that a qualified and certified professionalengineer inspect, investigate and report on the compliance with the covenant;
3. Any rights of access to the property granted in connection withimplementation or enforcement of the covenant;
4. A brief narrative description of the contamination and remedy, includingthe contaminants of concern, the pathways of exposure, limits on exposure,and the location and extent of the contamination;
5. Any limitations on amendment or termination of the covenant in addition tothose contained in §§ 10.1-1245 and 10.1-1246; and
6. Any rights of the holder in addition to its right to enforce the covenantpursuant to § 10.1-1247.
C. In addition to other conditions for approval of an environmental covenant,the agency may require those persons specified by the agency who haveinterests in the real property to sign the covenant.
1. State that the instrument is an environmental covenant executed pursuantto the Uniform Environmental Covenants Act (§ 10.1-1238 et seq. of the Codeof Virginia);
2. Contain a legally sufficient description of the real property subject tothe covenant;
3. Describe the activity and use limitations on the real property;
4. Identify every holder;
5. Be signed by the agency, every holder, and, unless waived by the agency,every owner of the fee simple of the real property subject to the covenant;and
6. Identify the name and location of any administrative record for theenvironmental response project reflected in the environmental covenant.
B. In addition to the information required by subsection A, an environmentalcovenant may contain other information, restrictions, and requirements agreedto by the persons who signed it, including:
1. Any requirements for notice following transfer of a specified interest in,or concerning proposed changes in use of, applications for building permitsfor, or proposals for any site work affecting the contamination on, theproperty subject to the covenant;
2. Any requirements for periodic reporting describing compliance with thecovenant, including a requirement that a qualified and certified professionalengineer inspect, investigate and report on the compliance with the covenant;
3. Any rights of access to the property granted in connection withimplementation or enforcement of the covenant;
4. A brief narrative description of the contamination and remedy, includingthe contaminants of concern, the pathways of exposure, limits on exposure,and the location and extent of the contamination;
5. Any limitations on amendment or termination of the covenant in addition tothose contained in §§ 10.1-1245 and 10.1-1246; and
6. Any rights of the holder in addition to its right to enforce the covenantpursuant to § 10.1-1247.
C. In addition to other conditions for approval of an environmental covenant,the agency may require those persons specified by the agency who haveinterests in the real property to sign the covenant.
1. State that the instrument is an environmental covenant executed pursuantto the Uniform Environmental Covenants Act (§ 10.1-1238 et seq. of the Codeof Virginia);
2. Contain a legally sufficient description of the real property subject tothe covenant;
3. Describe the activity and use limitations on the real property;
4. Identify every holder;
5. Be signed by the agency, every holder, and, unless waived by the agency,every owner of the fee simple of the real property subject to the covenant;and
6. Identify the name and location of any administrative record for theenvironmental response project reflected in the environmental covenant.
B. In addition to the information required by subsection A, an environmentalcovenant may contain other information, restrictions, and requirements agreedto by the persons who signed it, including:
1. Any requirements for notice following transfer of a specified interest in,or concerning proposed changes in use of, applications for building permitsfor, or proposals for any site work affecting the contamination on, theproperty subject to the covenant;
2. Any requirements for periodic reporting describing compliance with thecovenant, including a requirement that a qualified and certified professionalengineer inspect, investigate and report on the compliance with the covenant;
3. Any rights of access to the property granted in connection withimplementation or enforcement of the covenant;
4. A brief narrative description of the contamination and remedy, includingthe contaminants of concern, the pathways of exposure, limits on exposure,and the location and extent of the contamination;
5. Any limitations on amendment or termination of the covenant in addition tothose contained in §§ 10.1-1245 and 10.1-1246; and
6. Any rights of the holder in addition to its right to enforce the covenantpursuant to § 10.1-1247.
C. In addition to other conditions for approval of an environmental covenant,the agency may require those persons specified by the agency who haveinterests in the real property to sign the covenant.
