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<br /> <br /> <br /> <br />Page 5 <br />Number(s) noted on page one. If the new Owner’s property has been assigned a different <br />Assessor Parcel Number, each such Assessor Parcel Number that covers the Property <br />must be provided. The Department shall not, by reason of this Covenant, have authority <br />to approve, disapprove, or otherwise aff ect proposed conveyance, except as otherwise <br />provided by law or by administrative order. <br /> 3.5. Costs of Administering the Covenant to Be Paid by Owner. The <br />Department has already incurred and will in the future incur costs associated with this <br />Covenant. Therefore, the Covenantor hereby covenants for the Covenantor and for all <br />subsequent Owners that, pursuant to California Code of Regulations, title 22, section <br />67391.1(h), the Owner agrees to pay the Department’s cost s in administering, <br />implementing and enforcing this Covenant. <br />ARTICLE IV <br /> RESTRICTIONS AND REQUIREMENTS <br />4.1. Prohibited Uses. The Restricted Area shall not be used for any of the <br />following purposes without prior written approval by the Department: <br />(a) A residence, including any mobile home or factory-built housing, <br />constructed, or installed for use as residential human habitation. <br />(b) A hospital for humans. <br />(c) A public or private school for persons under 18 years of age. <br />(d) A day care center for children. <br />(e) A habitable structure of any kind. <br />4.2. Soil Management. Soil management activities on the Restricted Area are <br />subject to the following requirements in addition to any other applicable Environmental <br />Restrictions: <br />(a) No activities that will disturb the soil at or below 5 feet below grade (e.g., <br />excavation, grading, removal, trenching, filling, earth movement , mining, <br />or drilling) shall be allowed on the Restricted Area without pre-approval by <br />the Department in writing. <br />(b) Any soil brought to the surface by grading, excavation, trenching or <br />backfilling shall be managed in accordance with all applicable provisions <br />of state and federal law. <br />EXHIBIT 12