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RECORDING REQUESTED BY: <br />P W Fund B Development, LLC <br />555 Capitol Mall, Suite 900 <br />Sacramento, CA 95814 <br />WHEN RECORDED, MAIL TO:. <br />California Regional Water Quality Control Board, <br />Central Valley Region <br />11020 Sun Center Drive, #200 <br />Rancho Cordova, California 95670-6114 <br />ATTN: Patrick Pulupa, Executive Office <br />(Space Above This Line for Recorder's Use Only) <br />COVENANT AND AGREEMENT TO RESTRICT USE OF PROPERTY <br />ENVIRONMENTAL RESTRICTION <br />(Re: 17100 Murphy Parkway, City of Lathrop, San Joaquin County <br />APN: 198-120-090-000) <br />This Covenant and Agreement ("Covenant") is made by and between PW FUND B <br />DEVELOPMENT, LLC, a California limited liability company ("Covenantor"), as the Responsible <br />Party, and the California Regional Water Quality Control Board, Central Valley Region ("Regional <br />Water Board" or "State"). Collectively the Covenantor and the Regional Water Board are referred to <br />as the "Parties." The Property, which is situated in the City of Lathrop and the County of San <br />Joaquin, State of California is legally described in Exhibit B -I attached hereto and incorporated herein <br />by this reference and depicted in Exhibit Al, attached hereto and incorporated herein by this <br />reference ("Property"), is currently owned by the Covenantor. <br />Pursuant to Civil Code Section 1471 and Water Code Section 13307.1, the Regional Water <br />Board has determined that this Covenant is reasonably necessary to protect present or future human <br />health or safety or the environment as a result of potential risk related to the possible presence on the <br />land of hazardous materials, as defined in Health & Safety Code section 25260, and, pursuant to Civi! <br />Code section 1471, and Water Code sections 13304 and 13307.1, use of the Property shall be <br />restricted as set forth in this Covenant.