The "CCRs or "CC&Rs" refers to Covenants, Conditions, and Restrictions, which are rules and guidelines set by a homeowners' association (HOA) or a property developer that dictate how properties within a particular community can be used and what homeowners can and cannot do with their properties. These contractual obligations are designed to maintain the aesthetic and functional harmony of the community, ensuring that all residents adhere to agreed-upon standards to preserve property values and neighborhood appeal.
Byproduct sales support both our power generation customers’ desire to recycle their recurring and legacy volumes of coal combustion residuals (“CCRs”), commonly known as coal ash, and our ultimate end customers’ need for high-quality, cost-effective raw material substitutes.
Coal-fired power plants consistently generate various waste byproducts throughout the power generation process. The primary type of these waste byproducts is CCRs. CCRs come in multiple forms, including fly ash, bottom ash, and boiler slag, and are collected throughout the coal burning process. Although not considered a hazardous waste under the Resource Conservation and Recovery Act, as amended (the “RCRA”), utilities have significant regulatory and reputational risks associated with the handling and disposal of coal ash.
Collected coal ash is disposed of or beneficially used (recycled) in a range of applications. According to the American Coal Ash Association, as of 2019, utilities disposed of approximately 48% of coal ash generated. According to EPA data published, approximately 80% of the coal ash disposed of was placed on-site in ash ponds or landfills, and the balance was transported and disposed of off-site at third-party landfills. For many years, coal-fired power plants relied on ash ponds as the primary disposal locations for CCRs.
The leading beneficial use of coal ash is as a direct and more economical substitute for cement during the production of concrete (approximately 11 million tons of CCRs production and use in 2020). There are many good reasons to view coal combustion residuals as a resource rather than a waste. Recycling them conserves natural resources and saves energy.
In many cases, products made with CCRs perform better than products made without them. For instance, coal fly ash makes concrete stronger and more durable. It also reduces the need to manufacture Portland cement, resulting in approximately 12 million tons of greenhouse gas emissions reductions each year.
After a coal-fired plant is retired, the site will undergo a multi-year decommissioning, remediation and closure process. Remediation of CCRs is the main focus of coal plant decommissioning. Depending on the facility, CCRs are disposed of in on-site landfills or coal ash ponds or are beneficially reused in other products.
As demand increases for the end-products that use CCRs’ (i.e., concrete for construction and infrastructure projects), the demand for recycled coal ash also typically rises. These fluctuations affect the relative demand for our services. In recessionary periods, construction and infrastructure spending and the corresponding need for concrete may decline. However, this unfavorable effect may be partially offset by an increase in the demand for recycled coal ash during recessionary periods, given that coal ash is more cost-effective than other alternatives.
Dr. Slade currently serves as the Adjunct Clinical Associate Professor, Dept. of Pediatrics, Texas College of Osteopathic Medicine, UNTHSC and as Treasurer and member of the Board of Directors of The Wound Healing Society. He joins Palisade Bio having most recently served as the President and Managing Director of Chisholm Clinical Research Services, LLC (CCRS) where he provided assistance with clinical testing and development of promising new products for 11 client companies in seven countries. Prior to CCRS, Dr. Slade served as Chief Scientific and Medical Officer, Advanced Wound Management of Smith and Nephew plc before transitioning to Sr. Vice President, Research & Development where he was responsible for restructuring three strategic business unit R&D departments and two clinical groups into a single worldwide R&D organization, adding post-marketing surveillance. Prior to that he served as Chief Medical Officer and Senior Vice President at DFB Pharmaceuticals until it was acquired by Smith & Nephew in 2012.
Tenant hereby agrees and acknowledges that it accepts possession of the Premises subject to the terms, provisions and conditions of (i) that certain Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Pacific Park Town Center dated December 22, 1993 which Declaration was recorded in the office of the Orange County, California Recorder on December 23, 1993 as Document No. 93-0894675 (as amended from time to time, the “Declaration”), and (b) all other recorded declarations, covenants, easements, restrictive agreements and other documents and instruments encumbering or restricting the use and operation of the Premises (collectively, the “CCRs”). Tenant agrees to perform each and every one of the covenants and other requirements set forth in the Declaration and the CCRs which are applicable to Tenant’s use and possession of the Premises failing which Tenant agrees that Landlord shall have the right to enter into and upon the Premises for the purpose of performing and complying with all of such obligations, all at the sole cost and expense of Tenant.”
The EPA rule exempts CCRs beneficially used at mine sites and reserves any regulation thereof to the Office of Surface Mining Reclamation and Enforcement ("OSMRE"). The OSMRE suspended all rulemaking actions on CCRs, but could re-initiate them in the future. The outcome of these rulemakings, and any subsequent actions by the EPA and OSMRE, could impact those Company operations that beneficially use CCRs. If the Company were unable to beneficially use CCRs, its revenues for handling CCRs from its customers may decrease and its costs may increase due to the purchase of alternative materials for beneficial uses.
Cervical cancer: 3/7 PD-L1 combined positive score CPS>1%, CPI-naïve cervical cancer subjects with confirmed complete responses (cCRs) ORR of 43%, 2 ongoing at >284 days and >142 days, and 1 withdrew consent with ongoing cCR at 163 days. Two additional patients had stable disease (SD) for a DCR rate of 71%. Of interest, biomarker analysis showed that the 2 cervical subjects with complete responses exhibited higher levels of PVR, TIGIT as well as high CD226+CD8+ co-expression. No evaluable tissue for biomarker analysis was available for the third patent with a complete response.
When the taking of such action has been authorized by the Manager pursuant to Sections 9 and 10 or other specific authorization, any Officer of the Company or any other person specifically authorized by the Manager may enter into, and execute any and all contracts or other agreements or documents including, but not limited to, plats, permits, applications, easements, CCRs, development agreements, deeds, bonds, mortgages, and take other actions on behalf of the Company. All matters of the Company shall be determined by the Manager. Any action required or permitted to be taken by the Manager at a meeting may be taken without a meeting. The Manager may adopt such other procedures governing meetings and the conduct of the business as he or she shall deem appropriate.
Tenant may under this Lease and the Campus CCRs use no more than 3.5 parking spaces for each 1,000 rentable square feet of floor area in the Premises in such location or locations upon the Campus as may be designated from time to time by Landlord in accordance With the Ground Lease and Campus CCRs, which, shall be in common with other tenants and subject to the rights of other tenants, on a first-come, first-serve basis; provided all such parking shall be subject to the terms of the Ground Lease and Campus CCRs and Tenant shall not incur any charge for such parking. Use of all such parking spaces shall be in compliance with all rules, regulations, and restrictions set forth by (a) Landlord, (b) all governmental authorities, and (c) the Campus CCRs. Tenant shall reimburse Landlord for the expense of towing any vehicle parked in violation of such rules, regulations, and restrictions where the violation has resulted from the improper use of such space by an employee, licensee, invitee or guest of Tenant; and shall pay to Landlord, upon written demand therefor, a penalty equal to twice the penalty imposed in accordance with the Campus CCRs (currently $25) per violation of such rules, regulations, and restrictions by any identified employee, invitee, licensee or guest of the Tenant. Landlord reserves the right, from time to time, without notice or liability to Tenant to (i) install gates to control access to the parking facility or (ii) to alter or relocate the parking facility, including the right to relocate the parking facility on or off the Lot. Landlord shall not have the right to charge market rates for parking in the event a parking structure is erected for the benefit of the Building and all parking for Tenant shall remain free of charge.
Section 3.11.10 of the Company Disclosure Schedule sets forth a true and complete list, as of the date hereof, of all homeowner associations affecting the Owned Real Property or Controlled Real Property (each, a “Homeowner Association”). All assessments and related charges of any Homeowner Association applicable to any Owned Real Property have been paid when due. To the Company’s Knowledge, there are no Proceedings pending or threatened in writing which involve any Homeowner Association. To the Knowledge of the Company all Legacy Homes and homes subject to a purchase Contract with the Company conform with the requirements of any applicable covenants, conditions, restrictions and declarations (the “CCRs”) or have been approved by the architectural control committee (or similar body) of the applicable Homeowner Association and the building plans for such homes received all requisite approvals pursuant to the CCRs. The Company has not received any notices of, nor to the Company’s Knowledge, is there any pending violation of any CCRs by the Company that have not been fully resolved as of the date hereof.
To the Knowledge of the Company, all improvements and fixtures constructed by the Company on, under, over or within the Owned Real Property comply in all material respects with applicable Law and any applicable CCRs.
Except as set forth in the Acquisition Contracts and on Section 3.11.15 of the Company Disclosure Schedule, all of the Owned Real Property, (i) has received final plat approval, with all infrastructure improvements described or referenced in the final plat completed, (ii) has no conditions to the issuance of building permits for the construction of single-family residences on the lots, other than payment of standard and ordinary permit and impact fees required upon issuance of building permits; (iii) has no condition to the issuance of certificates of occupancy for single-family residences on the lots other than construction of such residence in accordance with the approved plans, and (iv) to the extent that a home has been constructed, or is currently under construction, has approval by the applicable Homeowners Association (or the requisite Architectural Control Committee or similar body) as to all of the designs and plans and specifications for the dwellings which that have been or are being constructed on the lots (to the extent required by the applicable CCRs).
The EPA rule exempts CCRs beneficially used at mine sites and reserves any regulation thereof to the Office of Surface Mining Reclamation and Enforcement ("OSMRE"). The OSMRE suspended all rulemaking actions on CCRs, but could re-initiate them in the future. The outcome of these rulemakings, and any subsequent actions by the EPA and OSMRE, could impact those Company operations that beneficially use CCRs. If the Company were unable to beneficially use CCRs, its revenues for handling CCRs from its customers may decrease and its costs may increase due to the purchase of alternative materials for beneficial uses.
Estimated based on assumed average cost to remediate of $25 to $75 per metric ton, the upper end of the range is based on Duke Energy’s publicly announced remediation costs of $8 – $9 billion to close the utility’s 31 ash basins in North Carolina, which contain 120 million tons of CCRs, and 2.3 billion cubic yards of coal ash currently stockpiled in the U.S. according to FirmoGraphs LLC CCR Market Overview.
CC&Rs stands for Covenants, Conditions, and Restrictions. These are rules and guidelines imposed by homeowners’ associations (HOAs) or property developers to maintain the appearance, safety, and value of the property. CC&Rs are legal documents that dictate how a property can be used and what limitations are placed on its usage. They often apply to residential neighborhoods, condominiums, and planned communities.
You should use CC&Rs when you are part of or managing a homeowners’ association or when you want to establish clear rules and guidelines for a community. They are essential for:
Writing CC&Rs involves drafting a comprehensive document that clearly outlines all the rules and regulations for a community. Here are some steps to consider:
CC&Rs are typically included in the following types of contracts and documents:
Declaration of Covenants, Conditions, and Restrictions: This foundational document is recorded with the county and spells out the CC&Rs for a given subdivision or community.
Homeowners’ Association (HOA) Agreements: These agreements often incorporate CC&Rs as part of the governing rules that homeowners agree to abide by when purchasing property within the community.
Real Estate Purchase Contracts: When buying property within a community governed by an HOA, the purchase contract may include a clause acknowledging the existence of and buyer’s agreement to the CC&Rs.
Example: “As a homeowner within the Sunnyvale Estates, I agree to abide by the Sunnyvale Estates Declaration of Covenants, Conditions, and Restrictions, which dictate community standards and usage guidelines.”
Example: “Tenant agrees to comply with all CC&Rs of the Green Meadows Homeowners’ Association, as detailed in Exhibit A of this lease.”
Try our AI contract analysis and extract important clauses and information from existing contracts.
< <
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A certified rent roll is a documented summary of rental income, tenant details, and lease terms for a property or portfolio, usually verified by an accountant or property manager. It serves as an essential tool for property owners and investors, providing an accurate representation of income streams and tenant occupancy.
The Chairman Emeritus clause designates a former chairman, who has retired from active duty, with an honorary title in recognition of their valuable service and contributions. While they no longer hold executive power or responsibilities, they may still act as an advisor or consultant to the board or company.
A "change in control" clause is a contractual provision that specifies the consequences or required actions if there is a significant change in ownership or control of a company. This clause is often included to protect parties from potential negative impacts resulting from mergers, acquisitions, or significant shifts in the company's leadership or ownership structure.
Fill out the form and we will get in touch with you to give you a personal, customized demo of fynk.
Greetings!
I'm Markus, co-founder of fynk. After you've submitted the form, I'll swiftly get in touch with you.
Also, right after you submit your details, you can pick a time that works best for you for our meeting.
