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multi-family residences) would be acceptable based upon compliance with a Department approved Soil Management Plan. The Department approved the Soil Management dated April 21 , 2010 (April 2010 Soil Management Plan). The April 2010 Soil Management Plan identifies that produce gardening at the site is prohibited. This prohibition is due to the fact that lead left at the site can be a source of exposure to residents via uptake through produce root system, thereby exposing residences to lead in the soil. Groundwater is found at 30 feet below ground surface at a site located approximately 250 feet northwest of the Property. Three soil samples collected from the Property containing lead at concentrations ranging from 140 — 250 ppm were subject to Waste Extraction Testing (WET) analyses. The corresponding results ranged from 6.4 - 10.0 milligrams per liter (ppm). The highest WET result soil sample (i.e. 10 ppm) was analyzed for soil pH and additional WET analysis using deionized water. The pH value was 7.7 (near neutral, 7.0 being neutral) and the deionized water WET result was less than 0.10 ppm. Given these results it appears that the lead concentrations in soil at the Property do not pose a threat to groundwater. 1 .04. Exhibit C is a diagram of the proposed Landscape Planting Plan (Planting Plan) for the proposed Property development. The first of ten diagrams that make up Exhibit C identifies the site proposed Planting Plan. The letters A through I located on the first diagram identify the additional nine Exhibit C diagrams that are sections of the general diagram enlarged to 8.5" x 11" size diagrams. ARTICLE II DEFINITIONS 2.01. Department. "Department" means the California Department of Toxic Substances Control and includes its successor agencies, if any. 2.02. Environmental Restrictions. "Environmental Restrictions" means all protective provisions, covenants, restrictions, prohibitions, and terms and conditions as set forth in any section of this Covenant. 2.03. Improvements. "Improvements" includes, but is not limited to: buildings, structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. 2.04. Lease. "Lease" means lease, rental agreement, or any other document that creates a right to use or occupy any portion of the Property. 2.05. Occupant. "Occupant" means Owners and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property. 2.06. Owner. "Owner" means the Covenantor, and all successors in interest including heirs and assigns, who at any time hold title to all or any portion of the Property. 3 of 7