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3.3 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants <br /> shall execute a written instrument that shall accompany all purchase agreements or leases relating <br /> to the property.Any such instrument shall contain the following statement: <br /> The land described herein contains salt in soils and in the ground water <br /> under the property, and is subject to a deed restriction dated as of <br /> I}o , 20(99, and recorded on 3L�a c , 20 09, in <br /> the Official Records of <,A u,�,iCounty, California, as Document No. <br /> MOS 160ibwhich Covenant and Restriction imposes certain covenants, <br /> conditions, and restrictions on usage of the property described herein. This <br /> statement is not a declaration that a hazard exists. <br /> ARTICLE N <br /> VARIANCE AND TERMINATION <br /> 4.1 Variance. Any Owner or, with the Owner's consent, any Occupant of the Burdened <br /> Property or any portion thereof may apply to the Central Valley Water Board for a written <br /> variance from the provisions of this Covenant. <br /> 4.2 Termination. Any Owner or,with the Owner's consent, any Occupant of the Burdened <br /> Property or a portion thereof may apply to the Central Valley Water Board for a termination of <br /> the Restrictions as they apply to all or any portion of the Burdened Property. <br /> 4.3 Term. Unless terminated in accordance with paragraph 4.2 above, by law or otherwise, <br /> this Covenant shall continue in effect in perpetuity. <br /> ARTICLE V <br /> MISCELLANEOUS <br /> 5.1 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or <br /> dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the <br /> general public. <br /> 5.2 Notices. Whenever any person gives or serves any notice,demand, or other <br /> communication with respect to this Covenant, each such notice, demand, or other communication <br /> shall be in writing and shall be deemed effective (1)when delivered, if personally delivered to <br /> the person being served or official of a government agency being served, or (2)three (3)business <br /> days after deposit in the mail if mailed by United States mail, postage paid certified,return <br /> receipt requested: <br /> If To: "Covenantor" <br /> Mr. Donald Brand <br /> 105 Wildhorse Valley Road <br /> Novato, CA 94947 <br /> 4 <br /> DOCSSV 1-55004.1/valley_water_decl.apprvdbyboard[11 <br />