5th and Lincoln Street

The Property is subject to the following activity and use limitations: (a) The Property shall not be used for residential purposes, which for purposes of this Environmental Covenant include but are not limited to: single family homes, duplexes, multiplexes, apartments, condominiums, schools, dormitories, retirement or senior/child-care centers, or any land use where persons can be expected to reside. (b) The existing soil contamination on the Property shall not be disturbed in any manner without prior written Agency approval, except in the case of emergency utility repair activities or other subsurface work necessary for human health and safety. In these cases, Agency shall be notified within 48 hours after initiation of emergency work at the Property. 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. (c) Except for purposes of investigation or remediation approved by the Agency, extraction and use of the groundwater underlying the Property is prohibited. 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. (d) In the event that construction work is to be performed that may expose workers to contaminated soil and/or groundwater on the Property, Owner/Transferee shall ensure that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations and that such work is conducted in accordance with this Environmental Covenant. Except as otherwise provided in this Environmental Covenant for emergencies, no work shall commence prior to 30 days after notifying the Agency of the planned work. Based on the potential hazards associated with the disturbance activities, the Agency may deny the request or may require specific protective or remedial actions before allowing such activities to occur, including requiring a Soil/Materials Management Plan. (e) To prevent or minimize exposures to vapors from contaminated groundwater, any building or structure planned for human occupancy and that will be constructed in the future on the Property shall be constructed to include an appropriate vapor barrier or vapor mitigation system. A copy of pre-construction plans of barrier or mitigation systems must be provided to the Agency at least 30 days prior to the construction. Vapor barrier or mitigation systems in buildings constructed in the future on the Property shall be maintained so that the system continues to meet the intended function to protect human health from vapors.