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ARTICLE III <br /> DEVELOPMENT,USE AND CONVEYANCE OF THE BURDENED PROPERTY <br /> 3.1 Restrictions on Development and Use. Covenantor promises to restrict the use of the <br /> Burdened Property as follows: <br /> a. No Owner or Occupant of the Property shall willfully act in any manner that will <br /> aggravate or contribute to the existing environmental conditions at the Property or interfere with <br /> implementation of any remedial action at the Property; <br /> b. No Owners or Occupants of the Property or any potion thereof shall drill,bore, <br /> otherwise construct,or use well for the purpose of extraction water for any use,including but not <br /> limited to, domestic,potable, or industrial uses,unless expressly permitted in writing by the <br /> Department. Except as specified above, this Covenant shall not restrict drilling, boring, or <br /> excavation for any purpose including,but not limited to: borings for the purpose of testing soils, <br /> excavation for foundations or underground utilities;wells for monitoring the quality of water; <br /> borings to define the geology;or borings,wells or extraction of oil,petroleum, or other mineral <br /> sources. All borings and excavations shall be performed and all wells constructed in conformance <br /> with the standards of the Department and shall incorporate practicable efforts to minimize any <br /> threat to humans; <br /> c. No Owners or Occupants of the Property or any portion thereof shall conduct any <br /> excavation work on impacted soil on the Property without approval by the Department. Any <br /> contaminated soils brought to the surface by grading, excavation, trenching, or backfilling shall be <br /> managed by Covenantor or his agent,or Owners or Occupants of the Property in accordance with <br /> all applicable provisions of local, state, and federal law <br /> d. Owner shall endeavor to minimize exposure of workers at or about the Property to <br /> impacted soil and groundwater; <br /> e. No hospitals shall be permitted on the Burdened Property; <br /> f. No schools for persons under 21 years of age or playgrounds shall be permitted at tlhe <br /> Burdened Property except the current existing office building. <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 Covenantor 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 /> Code. <br /> 3.2 Conveyance of Proper. 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 die 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 />