Laserfiche WebLink
ground lessee(s) or buyer(s) and,if known 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 the restrictions,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 the property, and is subject to a deed restriction dated as <br /> of ,2020,and recorded on , 2020,in <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 property described herein. This <br /> statement is not a declaration that a hazard exists. <br /> 3.5 Limitation of Covenantor's Obligations Upon Conveyance of Ownership. Upon <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. <br /> ARTICLE IV <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 Department for a written variance from the <br /> provisions of this Covenant. Such application shall contain (1) a statement of who is applying for <br /> the variance, (2) the proposed variance, (3) a statement of reasons in support of the granting of the <br /> variance,and (4) such other information as may be reasonably required by the Department. Any <br /> applicant seeking a variance of the Restrictions shall pay the Board all costs incurred by the <br /> Department in processing the application. <br /> 4.2 Termination. Any owner or,with the Owner's consent,any Occupant of the Property or a <br /> portion thereof may apply to the Board for a termination of the Restrictions as they apply to all or <br /> i <br />