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(A)Owners of the Property shall notify all occupants or tenants of the Property of these Activity and Use Limitations and shall condition all occupancy and tenancy on compliance with these Activity and Use Limitations. Failure by any occupant or tenant to comply with these Activity and Use Limitations does not excuse compliance by the then existing owner with these Activity and Use Limitations. (B) The Property shall not be used for any purpose other than commercial or industrial. The Property shall not be used for residential use or use where children may be present for extended periods of time, including school or day care. (C) Except for monitoring wells authorized by the Agency, installation and/or use of wells for potable water supply, for human or animal consumption, is prohibited. Existing monitoring wells located on the Property shall not be abandoned or closed without the approval of the Agency. (D) Owner shall maintain the integrity of the capped area, including but not limited to maintaining the gravel cover and promptly repairing any erosion or other damage. Excavation or construction activities that may disturb in any way, including construction on top of or adding fill materials to, the capped area as depicted in Appendix "A" to this Covenant are prohibited unless such excavation and construction shall have prior written approval by the Agency, unless the excavation or construction is part of an Environmental Response Project that has been approved by the Agency. The Agency shall be given not less than 30 days prior notice of the planned activities. Such prior notice and approval is not required for emergency circumstances, in which case notice must be given as soon as possible. (E) If during the time of its ownership, tenancy or occupancy, the owner, tenant, or occupant observes or is given notice that some other party, including but not limited to a utility easement holder, is, without Agency approval required under these Activity and Use Limitations, undertaking either emergency or non-emergency excavation or construction activities in the capped area, shall (i) promptly provide a copy to such other party engaged in such activities of these Activity and Use Limitations; (ii) promptly notify such other party that all appropriate and necessary assessments and precautions should be taken prior to such activities, including but not limited to employee protection and hazardous substance management; (iii) promptly notify the Agency of the other party's activity or planned activity and contact information for such other party, if known, and (iv) promptly notify such other party that the materials generated at or from the excavation or construction activities must be properly managed as may be required by law, making all appropriate and necessary assessment prior to such management. |