Environmental Restrictive Covenant - Drewry’s Brewery at 1408 Elwood

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(b) If benzo(a)pyrene contaminated soil is not removed from the "Affected Area" identified via GPS coordinates and depicted on the attached Exhibit F, install a protective cover of two feet of clean (constituents not exceeding R2 RSPLs) soil or other engineer barrier (i.e., concrete, asphalt, etc.) over the "Affected Area in order to eliminate direct contact exposure to contaminated soil or fill materials. This protective cover/engineered barrier must not be excavated, removed, disturbed, demolished, or allowed to fall into disrepair without replacement by a barrier that will provide equal or better protection, unless it can be demonstrated to IDEM that the underlying contaminated soil has been remediated to RCG RDCSLs. (c) Shall not use or allow the use or extraction of groundwater at the Real Estate for any purpose, including, but not limited to, human or animal consumption, gardening, industrial processes, or agriculture, without prior Department approval, except that groundwater may be extracted in conjunction with environmental investigation, remediation activities and/or temporary construction dewatering activities. II. GENERAL PROVISIONS 2. Restrictions to Run with the Land. The restrictions and other requirements described in this Covenant shall run with the land and be binding upon and inure to the benefit of the Owner of the Real Estate and the Owner's successors, assignees, heirs and 'lessees or their authorized agents, employees, contractors, representatives, agents, lessees, licensees, invitees, guests, or persons acting under their direction or control ("Related Parties") and shall continue as a servitude running in perpetuity with the Real Estate. No transfer, mortgage, lease, license, easement, or other conveyance of any interest in all or any part of the Real Estate by any person shall limit the restrictions set forth herein. This Covenant is imposed upon the entire Real Estate unless expressly stated as applicable only to a specific portion thereof. 3. Binding upon Future Owners. By taking title to an interest in or occupancy of the Real Estate, any subsequenfi owner or Related Party agrees to comply with all of the restrictions set forth in paragraph 1 above and with all other terms of this Covenant. 4. Access for Department. The Owner shall grant to the Department and its designated representatives the right to enter upon the Real Estate at reasonable times for the purpose of determining whether the land use restrictions set forth in paragraph 1 above are being properly maintained (and operated, if applicable) in a manner that ensures the protection of public health, safety, or welfare and the environment. This right of entry includes the right to take samples, monitor compliance with the remediation work plan (if applicable), and inspect records. 3