Crown Cork & Seal Company

Outlook Properties, LLC

The Property is subject to the following activity and use limitations:

a. Groundwater: Grantor and its successors or assigns shall comply with all applicable state or local well use restrictions and prior to applying for or constructing any well on the Property shall obtain EPA's approval of such well.

b. No Residential Land Use: The Property currently meets the Agency's standards for non-residential use and is zoned only for industrial use. Therefore, contaminants of concern remaining at the Property do not pose a current or future significant risk to human health or the environment so long as the foregoing restrictions remain in place. The Property shall not be rezoned for residential purposes, which for purposes of this Covenant include but are not limited to: single family homes, duplexes, multi-plexes, apartments, condominiums, schools, child-care facilities or any land use where persons can be expected to reside, without Grantor or its successors or assigns having received EPA's prior written approval of such rezoning. 

c. Excavation Greater than 8 Feet Below Ground Surface (specified areas): Soil on the Property does not pose a current or future significant risk to human health or the environment with respect to non-residential uses of the Property so long as it is not disturbed such that unacceptable exposure to contaminants of concern would result. Soil greater than eight feel below ground surface within those areas on the Property legally described in Exhibit 1 to this Covenant shall not be excavated or otherwise disturbed in any manner without Grantor or its successors or assigns having received EPA's prior written approval of such excavation or disturbance. Soil within the specified areas may be disturbed if necessary without notice during an emergency (such as a water or gas main break, fire, explosion or natural disaster), in which case the Grantor or Grantor's successors or assigns shall ensure that notification is provided to the Agency orally or in writing as soon as practicable, but no later than 48 hours after the disturbance. Any contaminated soil disturbed as part of an emergency response action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its successors or assigns shall provide to the Agency a written report describing such emergency and any response actions. 

d. Excavation Greater than 18 Feet Below Ground Surface (specified areas): Soil on the Property does not pose a current or future significant risk to human health or the environment with respect to non-residential uses of the Property so long as it is not disturbed such that an unacceptable exposure to contaminants of concern would result. Soil greater than eighteen feet below ground surface within those areas on the Property legally described on Exhibit 2 to this Covenant shall not be excavated or otherwise disturbed in any manner without prior written approval by the Agency. Soil within the specified areas may be disturbed if necessary without notice during an emergency (such as a water or gas main break, fire, explosion or natural disaster), in which case the Grantor or Grantor's successors or assigns shall ensure that notification is provided to the Agency orally or in writing as soon as practicable, but no later than 48 hours after the disturbance. Any contaminated soil disturbed as part of an emergency response action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its successors or assigns shall provide to the Agency a written report describing such emergency and any response action. 

Gilsa Real Estate Company, LLC

The property is subject to the following activity and use limitations:

a. No Use of Groundwater: Groundwater in one or more zones beneath portions of the Property has contaminants of concern at levels exceeding the Agency's standards for groundwater use.  Therefore, in addition to any applicable state or local well use restrictions, the following restrictions shall apply to the entire Property: (1) groundwater from the Property shall not be consumed or otherwise used for any purpose, except for the collection of samples for environmental analysis purposes, or collection or treatment of groundwater for remedial purposes, or collection or treatment of groundwater as part of excavation or construction activities; (2) there shall be no drilling or other artificial penetration of any groundwater-bearing unit(s) containing contaminants above Agency standards, unless performed in accordance with an Agency-approved work plan; (3) installation of any new groundwater wells on the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with an Agency-approved work plan. 

b. No Residential Land Use: The Property currently meets the Agency's standards for non-residential use. Therefore, contaminants of concern remaining at the Property do not pose a current or future significant risk to human health or the environment so long as the following restrictions remain in place. The Property shall not be used for residential purposes, which for purposes of this Covenant include but are not limited to: single family homes, duplexes, multi-plexes, apartments, condominiums, schools, child-care facilities or any land use where persons can be expected to reside. 

c. Excavation Greater than 18 Feet Below Ground Surface (specific areas): Soil on the Property does not pose a current or future risk to human health or the environment with respect to non-residential uses of the Property so long as it is not disturbed such that unacceptable exposure to contaminants of concern would result. Soil greater than 18 feet below ground surface within those areas outlined in green in Exhibit 2 to this Covenant shall not be excavated or otherwise disturbed in any manner without the prior written approval of the Agency. If an Owner/Transferee desires to disturb the soil at the Property in these areas, then such Owner/Transferee shall request permission to do so from the Agency at least 30 days before the soil disturbance activities are scheduled to begin. Based on the potential hazards associated with soil disturbance and/or management. the Agency may deny the request to disturb the soils or may require specific protective, remedial and/or management actions before allowing such soil disturbance activities to occur. Soil within the specified areas may be disturbed if necessary during an emergency (such as a water or gas main break, fire, explosion or natural disaster), in which case the Owner/Transferee shall ensure that notification is provided to the Agency and Holder orally or in writing as soon as practicable, but no later than 48 hours after the disturbance. Any contaminated soil disturbed as part of an emergency response action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local state, and federal requirements. Within 30 days after such emergency has been abated, the Owner/Transferee shall provide to the Agency and Holder a written report describing such emergency and any response actions.