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movement, mining, or drilling) shall be allowed on the Property without complying with the approved April 2010 SMP. (b) Any contaminated soils brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law. (c) All areas as depicted in Exhibit C including landscaped areas are subject to the approved April 2010 SMP. 4.02. Prohibited Activities. The following activities shall not be conducted at the Property: (a) Use of Property soils for growing fruits or vegetables. 4.03. Access for Department. The Department shall have reasonable right of entry and access to the Property for inspection, monitoring, and other activities consistent with the purposes of this Covenant as deemed necessary by the Department in order to protect the public health or safety, or the environment. 4.04. Inspection and Reporting Requirements. The Owner shall conduct an annual inspection of the Property verifying compliance with this Covenant, and shall submit an annual inspection report to the Department for its approval by (January 15tH) of each year. The annual inspection report must include the dates, times, and names of those who conducted the inspection and reviewed the annual inspection report. It also shall describe how the observations were performed that were the basis for the statements and conclusions in the annual inspection report (e.g., drive by, fly over, walk in, etc.). The annual inspection report shall also describe how Exhibit C corresponds to the actual landscaping of the final development. In addition, the annual inspection report shall describe how the April 2010 SMP is being complied with and implemented, including notifications to tenants, construction and landscape workers. If violations are noted, the annual inspection report must detail the steps taken to return to compliance. If the Owner identifies any violations of this Covenant during the annual inspections or at any other time, the Owner must within (30 days) of identifying the violation: determine the identity of the party in violation, send a letter advising the party of the violation of the Covenant, and demand that the violation cease immediately. Additionally, copies of any correspondence related to the violation of this Covenant shall be sent to the Department within (30 days) of its original transmission. ARTICLE V ENFORCEMENT 5.01 . Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Department to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, including but not limited to, failure to submit, or the submission of any false statement, record or report to the Department, shall be grounds for the Department to pursue administrative, civil, or criminal actions, as provided by law. 5of7