Limit Future Land Use Prohibit Any Activity that May Disturb the Integrity of an Engineering Control Prohibit Ground Water Well Installation/ Construction, Except Monitoring Wells

Sec. 49-1510 No well shall be drilled or maintained on any property that is adjacent to a public water supply without the approval of the plumbing board and the Douglas County Health Department. No well shall be drilled or maintained on any property for supplying water features or non-potable use without the approval of the Douglas County Health Department. Sec. 12-116 A well shall be located so as to no nearer than 100 feet to any septic tank soil absorption system, cesspool or any other known or suspected means of contamination. Whenever a well must be located on the downstream side of a

Neither the Premises, nor any portion thereof, shall be used now or hereafter for any residential, day care, preschool, playground, athletic field, picnic ground, dormitory or nursing home purposes, or for any industrial purposes which generate, treat, store or dispose of "hazardous waste". Notwithstanding the previous sentence, the Premises can contain hotels or other types of short-term transient accommodations, convention center/arena, and related buildings and facilities, and any educational activities incidental to the use of the Premises as a convention center/arena, and playground, athletic field or picnic ground uses on any portions of the Premises covered with hard surface by the City or its successors or assigns, or under control of the City and covered with at least one foot of clean fill by the City or its successors or assigns and not located in areas delineated on the excavation management plan referred to in Paragraph 2 of this Declaration No excavation of the soil on the Premises shall be made except in compliance with the excavation management plan … and as may otherwise be required by the United States Environmental Protection Agency or its successor and the Nebraska Department of Environmental Quality or its successor. Domestic, irrigation and other water wells of any type shall not be drilled or maintained on the Premises, except for groundwater monitoring wells, and temporary dewatering wells for construction purposes. Groundwater beneath the Premises must not be used as a source of drinking water or for other direct contact purposes, including fountains. No lakes or other surface impoundments are allowed on the Premises. The Declarant, the City, the EPA and the NDEQ and any of their duly authorized agents and contractors shall have a permanent nonexclusive easement to enter or come on the Premises to monitor compliance with the terms of this Declaration. In addition, Declarant, its successors and assigns, and duly authorized agents and contractors employed on behalf of the Declarant, shall have a permanent, nonexclusive easement to enter or come on the Premises to: perform thereon any environmental investigation or remediation required…; perform any maintenance or monitoring required by any agency; and sample, repair, or reconstruct any environmental monitoring, investigation, or remediation systems.

The Premises must not be used or developed for any day care, preschool, playground, athletic field, picnic ground, dormitory, nursing home, or residential purposes, provided that the foregoing shall not be construed to prohibit development or use of the Premises for a hotel, restaurant, swimming pool, nightclub, or surface parking lot. The Premises must not be used to treat, store or dispose of hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., any successor statute, and any rules and regulations promulgated under RCRA. Domestic, irrigation and other water wells of any type must not be drilled or maintained on the Premises, except for groundwater monitoring wells and temporary dewatering wells for construction purposes. Groundwater beneath the Premises must not be used as a source of drinking water or for other direct contact purposes, including fountains. USEPA, Union Pacific, their successors and assigns, and any of their authorized agents and contractors, have a permanent nonexclusive easement to enter the Premises to monitor compliance with the terms of this Environmental Covenant, and to perform any environmental investigation, response, monitoring or remediation required by any federal, state or local government agency, department, or other authority with jurisdiction.

Neither the Premises, nor any portion thereof, shall be used now or hereafter for any residential, day care, preschool, playground, athletic field, picnic ground, dormitory or nursing home purposes, or for any industrial purposes which generate, treat, store or dispose of "hazardous waste". Notwithstanding the previous sentence, the Premises can contain hotels or other types of short-term transient accommodations, convention center/arena, and related buildings and facilities, and any educational activities incidental to the use of the Premises as a convention center/arena, and playground, athletic field or picnic ground uses on any portions of the Premises covered with hard surface by the City or its successors or assigns, or under control of the City and covered with at least one foot of clean fill by the City or its successors or assigns and not located in areas delineated on the excavation management plan referred to in Paragraph 2 of this Declaration No excavation of the soil on the Premises shall be made except in compliance with the excavation management plan … and as may otherwise be required by the United States Environmental Protection Agency or its successor and the Nebraska Department of Environmental Quality or its successor. Domestic, irrigation and other water wells of any type shall not be drilled or maintained on the Premises, except for groundwater monitoring wells, and temporary dewatering wells for construction purposes. Groundwater beneath the Premises must not be used as a source of drinking water or for other direct contact purposes, including fountains. No lakes or other surface impoundments are allowed on the Premises The Declarant, the City, the EPA and the NDEQ and any of their duly authorized agents and contractors shall have a permanent nonexclusive easement to enter or come on the Premises to monitor compliance with the terms of this Declaration. In addition, Declarant, its successors and assigns, and duly authorized agents and contractors employed on behalf of the Declarant, shall have a permanent, nonexclusive easement to enter or come on the Premises to: perform thereon any environmental investigation or remediation required…; perform any maintenance or monitoring required by any agency; and sample, repair, or reconstruct any environmental monitoring, investigation, or remediation systems.