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expressly omitted in writing by the eter Board . <br /> 3 . 03 . Binding upon Owners/Occupants . This Covenant binds all owners <br /> and occupants of the Property, their heirs , successors , and assignees, and <br /> the agents, employees , and lessees of the owners and occupants and each of <br /> their heirs, successors, and assignees . Pursuant to Civil Code section <br /> 1471 (b) , all successive owners and occupants of the Property are expressly <br /> bound hereby for the benefit of the Water Board, and for the benefit of <br /> Covenantor . <br /> 3 . 04 . Written Notice of the Presence of Hazardous Substances . Prior to <br /> the sale, lease or sublease of the Properties, or any portion thereof , the <br /> then-owner, lessor, or sublessor shall give the buyer, lessee, or sublessee <br /> notice that hazardous substances are located on or beneath the Properties . <br /> Giving a copy of this Covenant to such buyer or lessee would satisfy the <br /> notice requirements of this Section 3 . 04 . <br /> 3 . 05 . Incorporation into Deeds and Leases . The Restrictions set forth <br /> herein shall be incorporated by reference in each and all deeds and leases <br /> for any portion of the Properties that are entered into on or after the date <br /> this Covenant is recorded in the Official Records of San Joaquin County, <br /> California . <br /> 3 . 06 . Conveyance of Property. Not later than thirty (30) days after <br /> any conveyance of any ownership interest in the Properties (excluding <br /> mortgages, liens, and other non-possessory encumbrances , and excluding <br /> transfers to affiliated parties) , the new Owner shall provide to the Water <br /> Board notice of such conveyance . The Water Board shall not, by reason of <br /> this Covenant , have authority to approve, disapprove, or otherwise affect <br /> proposed conveyance, except as otherwise provided by law, by administrative <br /> order, or by a specific provision of this Covenant . <br /> 3 . 07 Access for Water Board. The Water Board shall have reasonable <br /> right of entry and access on and across all public portions of the Property, <br /> reasonable right of entry and access on and across any drive aisles and <br /> parking areas for access across the Property to the Impacted Portion of the <br /> Property for inspection, monitoring, and other activities consistent with the <br /> purposes of this Covenant as reasonably deemed necessary by the Water Board <br /> in order to protect the public health or safety, or the environment . <br /> ARTICLE IV <br /> ENFORCEMENT <br /> 4 . 01 . Enforcement . Failure of the Covenantor, Owner or Occupant to <br /> materially comply with any of the Restrictions specifically applicable to it <br /> within sixty (60) days after its receipt of written notice from the Water <br /> Board that describes a violation of the Restrictions shall be grounds for the <br /> Water Board to . require that the Covenantor or Owner modify or remove any <br /> improvements ( "Improvements" herein shall mean all buildings, roads , <br /> driveways , and paved parking areas) constructed or placed on the Property in <br />