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2020-166965 Page 5 of 9
<br />12/01/2020 01-42-25 PM
<br />g. No day care centers for children or day care centers for Senior Citizens shall be permitted
<br />at the Burdened, Property except the current existing office building.
<br />f The Coveriantox agrees that the Department, and/or any persons acting pursuant to
<br />Department orders, shall have reasonable access to the Burdened Property for purposes of
<br />inspection, surveillance, maintenance, or monitoring, as provided, for in Division 7 of the Water
<br />.:ode.
<br />3.2 npgttyr. Owner shall provide a thirty (30) day advance notice to the
<br />Department of any sale, lease, or other conveyance of the Property or an interest in the Property or
<br />any portion of the Property to a third person. Within thirty (30) days after the closing date or date
<br />of ground, lease, Owner shall supply notice to the Department of the completion of the transaction,
<br />containing a description of the property to be ground leased or conveyed, the name or names of the
<br />ground lessee(s) or buyer(s) and, if ]mown to the Owner, the general purpose for which the property
<br />to be ground leased or conveyed will be used. The Department shall not, by reason of the
<br />Covenant have authority to approve, disapprove, or otherwise affect any sale, lease or other
<br />conveyance of the Property or of any portion of the Property, except as provided by law, by
<br />administrative order, or by reason of this Covenant. Notices required hereunder are only for the
<br />purpose of the Department maintaining a current record of the sale, lease or other conveyance of
<br />the Property or any portion of the Property.
<br />3.3 Enforcement. Failure of an Owner or Occupant to comply with any of thetesttictions, as
<br />set forth in paragraph 3.1, shall be grounds for the Department, by reason of this Covenant, to have
<br />the authority to require that the Owner modify or remove any Improvements constructed in
<br />violation of that paragraph. Violation of the Covenant shall be grounds for the Department to file
<br />civil actions against the Owner as provided by law.
<br />3.4 Notice in Agreements. With regard to all purchase agreements and leases entered into after
<br />the date of recordation hereof, all Owners and Occupants shall execute a written instrument which
<br />shall accompany all purchase agreements or leases relating to the property. Any such instrument
<br />shall contain the following statement:
<br />The land described herein contains hazardous materials in soils and in the
<br />groundwater under he property, -and is subject to a deed restricgon dated as
<br />t
<br />of W44A !ri
<br />—, 2020, and recorded, on 2020 iia.
<br />the Official Records of San Joaquin County, California, as Document No.
<br />which Covenant and Restriction imposes certain covenants,
<br />conditions, and restrictions on usage of the prop" described herein. This
<br />statement is not a declaration that a hazard exists.
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<br />conveyance of ownership of the Property, or any portion thereof, by deed, ground lease, or other
<br />appropriate conveyance instrument, which instrument contains the provisions of Paragraph 3.4
<br />above, Covenantor shall be released from any and all obligations under this Covenant as to that
<br />portion of the Property which has been conveyed that arise or occur on or after the date of such
<br />conveyance,
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