USA, et al v. Aerojet General Corp, et al

Filing 190

STIPULATION and ORDER TERMINATING PARTIAL CONSENT DECREE PROVISION FOR LAND RESTRICTIONS FOR PARCEL NO. 072-0231-128 (PORTION) AND 072-0231-129 (PORTION) signed by District Judge Garland E. Burrell, Jr on 10/24/2017. (Washington, S)

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Lawrence A. Hobel (Bar No. 73364)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
Attorneys for Defendants
AEROJET ROCKETDYNE, INC. and
CORDOVA CHEMICAL COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA

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Plaintiff,

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Civil Action No.:
CIVS-86-0063-GEB

v.

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AEROJET-GENERAL
CORPORATION and CORDOVA
CHEMICAL COMPANY
Defendants.

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PEOPLE OF THE STATE OF
CALIFORNIA, ET AL.

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CIVS-86-0063-GEB

Plaintiffs,

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Civil Action No.:

v.

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AEROJET-GENERAL
CORPORATION and CORDOVA
CHEMICAL COMPANY
Defendants.

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STIPULATION AND
[PROPOSED] ORDER
TERMINATING PARTIAL
CONSENT DECREE
PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL
NO. 072-0231-128 (PORTION)
AND 072-0231-129 (PORTION)

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

Civil Action No. CIVS-86-0063-GEB

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WHEREAS, this Court entered a Partial Consent Decree (“Decree”) on
June 23, 1989 by and among Plaintiffs, on the one hand, and Defendants Aerojet
Rocketdyne, Inc. (formerly called Aerojet-General Corporation) and Cordova Chemical
Company (together, for reference purposes, “Aerojet” or “AR”), on the other hand;
WHEREAS, Paragraph 11 of the Partial Consent Decree (“Partial Consent
Decree”) provides for restrictions on the use and transfer of lands which are part of the
subject Aerojet Rancho Cordova Superfund Site (“Site”), and requires that Aerojet
record an Order re Partial Consent Decree, which was recorded in the Official Records
of Sacramento County, California, July 20, 1989 Bk 890720, Page 1004 (the “Partial
Consent Decree Order”).
WHEREAS, Paragraph 11(K) of the Partial Consent Decree and Order provides
that Aerojet or any grantee or successor may petition the Court for removal of the land
restrictions.
WHEREAS, Paragraph 11(L) of the Partial Consent Decree and Order states:
Recording by Aerojet or a successor with the Recorder of an
approval, order or notice specified below in this Subparagraph (L)
shall conclusively establish that Aerojet and any subsequent grantee
is free of any restrictions under the Order released by said approval,
order or notice:…
(4) A notice that the obligations have terminated pursuant to
Paragraph 26 of the Decree to which notice Plaintiffs do not, within
twenty (20) days of service, record a notice that such obligations
have not so terminated:…
WHEREAS, the Parties have agreed upon the recordation of a Covenant to
Restrict Use of Property, a copy of which is attached hereto as Exhibit 1 as to property
therein described (the “Property”). This Property is only a portion of the land upon
which restrictions have been placed pursuant to the Partial Consent Decree. Particularly,

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

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Civil Action No. CIVS-86-0063-GEB

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the Property, known as Former Company Store, comprises approximately 6.96 acres and
is a portion of Assessor’s Parcel Nos. 072-0231-128 and 072-0231-129 and is part of the
Perimeter Groundwater Operable Unit (also known as “OU5”) of the Site. Nothing
herein modifies any restrictions on use and transfer of lands, as set forth in Paragraph 11,
as to any other Aerojet-owned lands at the Site that are subject to Paragraph 11 of the
Partial Consent Decree.
The Parties do hereby stipulate:

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1.

11(L)(4) that upon recording of the above described Covenant to Restrict Use of
Property the restrictions set forth in Paragraph 11 as to the Property have terminated
pursuant to Paragraph 26 of the Decree and the Plaintiffs shall be deemed to have not
recorded a notice of objection.

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2.

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The restrictions set forth in Paragraph 11 as to the Property have

terminated pursuant to Paragraph 26 of the Decree.

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AR shall be deemed to have provided notice pursuant to Paragraph

3.

The above-described Covenant to Restrict Use of Property supersedes

as to the Property the Order re Partial Consent Decree recorded in the Official Records
of Sacramento County, California, July 20, 1989 Bk 890720, Page 1004 (the “1989
Partial Consent Decree Order”), which shall have no continuing force or effect as to the
Property.
IT IS SO STIPULATED.

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DATED: October 20, 2017

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COVINGTON & BURLING LLP
By
/s/ Lawrence A. Hobel
Lawrence A. Hobel
Attorneys for Defendants
AEROJET ROCKETDYNE, INC. and
CORDOVA CHEMICAL COMPANY

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

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Civil Action No. CIVS-86-0063-GEB

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DATED: October 20, 2017

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UNITED STATES DEPARTMENT OF
JUSTICE

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By /s/ Cheryl A. Luke
(as authorized on September 11, 2017)
Cheryl A. Luke VA Bar No.: 26331
Attorneys for Plaintiff
Environmental Enforcement Section
Environmental & Natural Resources Division
United States Department of Justice
P.O. Box 7611
Phone: [phone]
Fax: [phone]
email: [e-mail]

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DATED: October 20, 2017

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
Senior Assistant Attorney General

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By /s/ Matthew J. Goldman
(as authorized on October 19, 2017)
Matthew J. Goldman
(CA Bar No.: 113330)
Deputy Attorney General
Attorneys for CALIFORNIA CENTRAL
VALLEY REGIONAL WATER QUALITY
CONTROL BOARD and DEPARTMENT OF
TOXIC SUBSTANCES CONTROL (as
successor-in-interest to State Department of
Health Services)
California Department of Justice
1300 I Street
P.O. Box 944255
Sacramento, CA 94244-2550
Phone: [phone]
Fax: [phone]
email: [e-mail]

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

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Civil Action No. CIVS-86-0063-GEB

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ORDER
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Having considered the foregoing Stipulation, and good cause appearing
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therefor, IT IS SO ORDERED.
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Dated: October 24, 2017

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

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Civil Action No. CIVS-86-0063-GEB

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EXHIBIT 1

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STIPULATION AND [PROPOSED] ORDER TERMINATING
PARTIAL CONSENT DECREE PROVISIONS FOR LAND
RESTRICTIONS FOR PARCEL NO. 072-0231-128
(PORTION) AND 072-0231-129 (PORTION)

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Civil Action No. CIVS-86-0063-GEB

RECORDING REQUESTED BY:

Aerojet Rocketdyne, Inc.
P.O. Box 13222
Sacramento, CA 95813
Attention: Michael P. LaFortune
WHEN RECORDED, MAIL TO:

Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, California 95826
Attention: James Rohrer, P.G.
Brownfields and Environmental
Restoration Program
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

COVENANT TO RESTRICT USE OF PROPERTY
ENVIRONMENTAL RESTRICTIONS ON PROPERTY AT A PORTION OF THE
PERIMETER GROUNDWATER OPERABLE UNIT
_____________________________________
AEROJET RANCHO CORDOVA SITE,
DTSC PROJECT CODE 100002
County of Sacramento APN 072-0231-128 (Portion) and 072-0231-129 (Portion)
This Covenant and Agreement (“Covenant”) is made by and among Aerojet
Rocketdyne, Inc. (formerly known as Aerojet-General Corporation) (the “Covenantor”),
the current owner of property situated in Sacramento County, State of California,
described and depicted in Exhibit A, attached hereto and incorporated herein by this
reference (the “Property”), the California Department of Toxic Substances Control (the
“Department”), and the California Regional Water Quality Control Board, Central Valley
Region (“RWQCB”). Pursuant to Civil Code section 1471, the Department and RWQCB
have determined that this Covenant is reasonably necessary to protect present or future
human health or safety or the environment as a result of the presence in soil and
groundwater of hazardous materials as defined in Health and Safety Code section
25260 and waste as defined in Water Code section 13050(d). The Covenantor, the
Department, and RWQCB (collectively referred to as the “Parties”), hereby agree that,

pursuant to Civil Code section 1471, Health and Safety Code section 25355.5, and
Water Code section 13304, the use of the Property be restricted as set forth in this
Covenant; and the Parties further agree that the Covenant shall conform with the
requirements of California Code of Regulations, title 22, section 67391.1.

The Environmental Restrictions of this Covenant shall be for the benefit of, and shall be
enforceable by the United States Environmental Protection Agency (“U.S. EPA”), as a
third-party beneficiary pursuant to general contract law, including, but not limited to, Civil
Code section 1559.
ARTICLE I
STATEMENT OF FACTS
1.01. The Property. The Property, known as Former Company Store, is
described and depicted in Exhibit A, totals approximately 6.96 acres, and is generally
described as a portion of Sacramento County Assessor’s Parcel No 072-0231- 128 and
a portion of Parcel No. 072-0231-129. The Property is part of the Aerojet Superfund
Site (“NPL Site”), which U.S. EPA, pursuant to section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C.
section 9605, placed on the National Priorities List (the “NPL”), by publication in the
Federal Register on September 8, 1983 (40 C.F.R. Part 300).
1.02. Remediation of the Property. The Property, along with other land, was
investigated by Covenantor under oversight of, and accepted by, U.S. EPA, RWQCB
and the Department (collectively, the “Regulatory Agencies”) as part of the Perimeter
Groundwater Operable Unit (OU 5). As a result of that investigation, U.S. EPA
determined, in its decision document entitled “Interim Record of Decision for
Groundwater and Final Record of Decision for Soil for the Perimeter Groundwater
Operable Unit (OU-5)” dated February 15, 2011 (“ROD”) (which determination was
concurred with by RWQCB and the Department) that (i) groundwater remediation be
undertaken in accordance with section 2.12.3 of the ROD; and (ii) as more fully
described in the ROD for Former Company Store at section 2.12.4 and Table 2-10,
Vapor Mitigation is to be implemented for buildings that are to be constructed in the
Area of Vapor Management.
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1.03. Groundwater remediation in the vicinity of the Property is being conducted
pursuant to a Statement of Work for Remedial Design and Remedial Action for
Groundwater at the Perimeter Groundwater Operable Unit (OU 5) developed in
accordance with the Unilateral Administrative Order for the Performance of Remedial
Design and Interim Remedial Action for Groundwater (U.S. EPA Docket No. 9-2011-16)
and approved by U.S. EPA on or about September 19, 2011 (“Groundwater
Remediation”). Chemicals of Concern (“COCs”), including trichloroethylene (TCE),
perchlorate and N-Nitrosodimethylamine (NDMA), have been found in the regional
groundwater aquifers, including in the vicinity or beneath the Property. Groundwater is
not anticipated to be present within the first 15 feet below ground surface in the vicinity
of the Property. These COCs are hazardous substances as defined in Health and
Safety Code section 25316, hazardous materials as defined in Health and Safety Code
section 25260, and waste as defined in Water Code section 13050(d).
1.04. Land Use Covenant. This land use covenant meets the ROD requirement
of imposing institutional controls (found at section 2.12.3 of the ROD as to groundwater
and section 2.12.4 as to Former Company Store) and is necessary to restrict activity
that may result in unacceptable exposure to groundwater beneath the Property and to
soil vapor contamination as to the Area of Vapor Management. The Regulatory
Agencies have concluded that the Property, when used in compliance with the
Environmental Restrictions of this Covenant, does not present an unacceptable threat
or risk to present and future human health or safety or the environment.
ARTICLE II
DEFINITIONS
2.01. Area of Vapor Management. “Area of Vapor Management” means the
area on the Property to which this Covenant imposes a requirement for Vapor Mitigation
pursuant to Article IV, which area is described and depicted in Exhibit B attached hereto
and incorporated herein by this reference.
2.02. Community. “Community” means the planned development under the
Easton/Glenborough Approved Development Plan as described in the Development
Agreement dated December 7, 2011 as approved by the Sacramento County Board of
Supervisors on December 7, 2011 as Ordinance No. SZC-2011-0029.

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2.03. Contracting State Agency. “Contracting State Agency” means either the
California Department of Toxic Substances Control or the California Regional Water
Quality Control Board Central Valley Region whichever enters into a written agreement
with a property owners’ association for the purpose of this Covenant.
2.04. Covenantor. “Covenantor” means Aerojet Rocketdyne, Inc. For purposes
of clarity, an “Owner” other than Aerojet Rocketdyne, Inc. is not a Covenantor.
2.05. Department. “Department” means the California Department of Toxic
Substances Control and includes its successor agencies, if any.
2.06. Environmental Restrictions. “Environmental Restrictions” means all
provisions, covenants, restrictions, requirements, prohibitions, and terms and conditions
as set forth in any section of this Covenant.
2.07. Groundwater Remediation System. “Groundwater Remediation System”
means the groundwater remedial equipment, facilities and systems located on the
Property that are designed for the treatment, monitoring, extraction, removal, transport,
injection, or recharge of groundwater, including groundwater monitoring and extraction
wells and associated infrastructures such as pumping stations and pipelines, and those
that may be installed in the future. (Wells and associated pipelines that exist on the
Property as of the effective date of this Covenant are depicted in Exhibit C, attached
hereto and incorporated herein by this reference.)
2.08. Improvements. “Improvements” includes, but is not limited to: buildings,
structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities.
2.09. Lease. “Lease” means lease, rental agreement, or any other document
that creates a right to use or occupy any portion of the Property.
2.10. Lot or Parcel. “Lot or Parcel” means, to the extent that the Property is
subdivided, an interchangeable term intended to include separately owned lots, parcels,
areas or space on land, including common areas. To the extent that the Property is not
subdivided, then “Lot or Parcel” means the entirety of the Property.
2.11. Occupant. “Occupant” means Owners and any person or entity who at the
time is entitled by ownership, leasehold, or other legal relationship to the right to occupy
any portion of the Property.
2.12. Owner. “Owner” means the Covenantor, its successors in interest, and

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their successors in interest, including heirs and assigns, who at the time has a record
fee interest in any portion of the Property.
2.13. POA. “POA” means a property owners’ association (including a
homeowners’ association) established and incorporated pursuant to applicable law.
2.14. Regulatory Agencies. “Regulatory Agencies” means the Department,
RWQCB, and U.S. EPA.
2.15. RWQCB. “RWQCB” means the California Regional Water Quality Control
Board, Central Valley Region, and includes its successor agencies, if any.
2.16. U.S. EPA. “U.S. EPA” means the United States Environmental Protection
Agency, and includes its successor agencies, if any.
2.17

Vapor Mitigation. “Vapor Mitigation” means a constructed feature or

features for buildings to prevent exposure to concentrations of VOC contamination that
may be present in soil vapor that require Vapor Mitigation in accordance with section
4.02 and applicable regulatory agency guidance and standards.
ARTICLE III
GENERAL PROVISIONS
3.01. Runs with the Land. This Covenant sets forth Environmental Restrictions
that apply to and encumber the Property and every portion thereof no matter how it is
improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed.
This Covenant: (a) runs with the land pursuant to Health and Safety Code section
25355.5 and Civil Code section 1471; (b) inures to the benefit of and passes with each
and every portion of the Property; (c) is for the benefit of, and is enforceable by the
Regulatory Agencies; and (d) is imposed upon the entire Property unless expressly
stated as applicable only to a specific portion thereof.
3.02. Binding upon Owners/Occupants. Pursuant to the Health and Safety
Code, this Covenant binds all Owners and Occupants of the Property, their heirs,
successors, assignees, agents, and employees. Pursuant to Civil Code section 1471,
all successive owners of the Property are expressly bound hereby for the benefit of the
Regulatory Agencies. It is intended that this Covenant is binding on all Owners and
Occupants, and their respective successors and assigns, only during and in respect of
their respective successive periods of ownership or occupancy such that an Owner’s or
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Occupant’s rights and obligations under this Covenant shall terminate upon transfer,
expiration, or termination of the Owner’s or Occupant’s interest in the Property, except
that such Owner’s or Occupant’s liability for any violations of the requirements or
restrictions of this Covenant or any acts or omissions during such ownership or
occupancy shall survive any transfer, expiration or termination of the Owner’s or
Occupant’s interest in the Property.
3.03. Incorporation into Deeds and Leases. This Covenant and its
Environmental Restrictions shall be incorporated by reference in each and every deed
and Lease for any portion of the Property.
3.04. Conveyance of Property.
(a)

The Owner shall provide Notice to the Department and RWQCB not
later than thirty (30) calendar days after any conveyance or receipt
by such Owner of any ownership interest in a Lot or Parcel within
the Property (excluding Leases, and mortgages, liens, and other
non-possessory encumbrances). The Notice shall include the
name and mailing address of such Owner of such Lot or Parcel and
shall reference the site name (“Aerojet Rancho Cordova Site”), the
site code (“DTSC Project Code 100002”), and the Assessor’s
Parcel Number(s) (“APN”) as listed on page one of this Covenant.
If such Lot or Parcel has been assigned a different APN from that
listed on page one of this Covenant or previously associated with
the Lot or Parcel, each such APN that covers such Lot or Parcel
must be provided in the Notice.

(b)

The obligation of the Owner under subsection (a) above shall be
performed by a POA if and when all of the following conditions are
met:
(i)

The POA has demonstrated to the Department’s and
RWQCB’s satisfaction that it has been established and
incorporated pursuant to applicable law, and it has obtained
all necessary forms of authorization to undertake the
obligations under this subsection (b) specified for the POA,

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(ii)

The POA enters into a written agreement with the
Department or RWQCB (“Contracting State Agency”)
whereby the POA agrees to provide and thereafter provides
to the Contracting State Agency an electronic summary,
tabulation, or report (“Section 3.04 POA Notice”) quarterly
(and within thirty (30) days of a request by the Contracting
State Agency), containing the then-current property
ownership information for all Lots or Parcels within the
Property. Such Section 3.04 POA Notice shall include the
names and mailing addresses of the then-current Owners
and the applicable APN for each such Lot or Parcel within
the Property. Such 3.04 POA Notice shall reference the site
name and site code as listed on page one of this Covenant
and shall include the APN(s) on page one of the Section
3.04 POA Notice. Such 3.04 POA Notice shall be in lieu of
the Owner’s Notice under 3.04(a).
(iii)

The POA establishes and maintains financial

assurance for the benefit of all Owners and to ensure that
funds are available for the purpose of the POA complying
with this subsection (b). The POA shall establish and
maintain a financial assurance mechanism for an amount
that includes the estimated costs of performing the
obligations of this subsection (b) for three (3) consecutive
years. The cost estimates proposed by the POA are subject
to the approval of the Contracting State Agency and shall be
updated on an annual basis unless the Contracting State
Agency indicates otherwise in writing. The financial
assurance mechanism(s) shall include letters of credit or
surety or performance bonds. The financial assurance
mechanism shall include provisions that allow any Owner, on
behalf of all Owners of the Property, to cause the funds to be

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used for the retention of a consultant or consultants to
perform the activities required of the Owner under
subsection (c) below upon Notice to the Owner by the
Contracting State Agency as provided in subsection (c)
below that the POA has failed to comply with the
requirements of this subsection (b).
(iv)

The POA agrees in writing to reimburse the Department and
RWQCB for their costs incurred in negotiating and preparing
the agreement required in subsection (b)(ii) above
regardless of whether such agreement is entered into by the
POA and the Contracting State Agency, and the costs
incurred by the Contracting State Agency in its review of
proposed financial assurance cost estimates and updated
financial assurance cost estimates as required under
subsection (b)(iii).

(c)

The Contracting State Agency shall give the POA forty-five (45)
days’ Notice to cure the POA’s failure to comply with the
requirements of subsection (b) before the Contracting State Agency
gives Notice to the Owner of the POA’s failure. The Owner’s
obligation under subsection (a) above shall resume within ninety
(90) days after Notice is provided to the Owner by the Contracting
State Agency that the POA has failed to comply with the
requirements of subsection (b), unless the POA resumes
performance of its obligations under subsection (b) within the same
90-day time period as the Owner is given under that subsection (or
as extended in writing by the Contracting State Agency). The
Owner’s obligation under subsection (a) above shall continue until
the POA resumes performance of its obligations under subsection
(b).

(d)

The Regulatory Agencies shall not, by reason of this Covenant,
have authority to approve, disapprove, or otherwise affect a

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proposed conveyance, except as otherwise provided by law.
3.05. Costs of Administering the Covenant.
(a)

The Department and RWQCB have already incurred and will in the
future incur costs associated with this Covenant. Therefore, the
Covenantor hereby covenants for the Covenantor and for all
subsequent Owners that, pursuant to California Code of
Regulations, title 22, section 67391.1(h), and Water Code section
13304, the Owner of each Lot or Parcel agrees to pay the
Regulatory Agencies’ costs incurred in administering, implementing
and enforcing this Covenant as to such Lot or Parcel.

(b)

The obligation of the Owner under subsection (a) above shall be
performed by a POA if and when all of the following conditions are
met:
(i)

The POA has demonstrated to the Department’s or
RWQCB’s satisfaction that it has been established and
incorporated pursuant to applicable law, and it has obtained
all necessary forms of authorization to undertake the
obligations under this subsection (b) specified for the POA.

(ii)

The POA enters into a written agreement with the
Contracting State Agency whereby the POA agrees to pay
and thereafter pays the Regulatory Agencies their costs in
administering, implementing and enforcing this Covenant
except that the Owner shall be liable for costs incurred by
the Regulatory Agencies (A) in response to the Owner’s or
Occupant’s violations or non-compliance with this Covenant;
(B) for making a determination to grant a variance or
terminate all or part of this Covenant with respect to that
Owner’s or Occupant’s Lot or Parcel within the Property; or
(C) as part of a request to provide approval of any Vapor
Management Plan or any other action under the terms of this
Covenant.

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(iii)

The POA establishes and maintains financial

assurance for the benefit of all Owners and to ensure that
funds are available for the purpose of the POA complying
with this subsection (b). The POA shall establish and
maintain a financial assurance mechanism for an amount
that includes the estimated costs of performing the
obligations of this subsection (b) for three (3) consecutive
years. The cost estimates proposed by the POA are subject
to the approval of the Contracting State Agency and shall be
updated on an annual basis unless the Contracting State
Agency indicates otherwise in writing. The financial
assurance mechanism(s) shall include letters of credit or
surety or performance bonds. The financial assurance
mechanism shall include provisions that allow any Owner, on
behalf of all Owners of the Property, to cause the funds to be
used for the retention of a consultant or consultants to
perform the activities required of the Owner under
subsection (c) below upon Notice to the Owner by the
Contracting State Agency as provided in subsection (c)
below that the POA has failed to comply with the
requirements of this subsection (b).
(iv)

The POA agrees in writing to reimburse the Department and
RWQCB for their costs incurred in negotiating and preparing
the agreement required in subsection (b)(ii) above
regardless of whether such agreement is entered into by the
POA and the Contracting State Agency, and the costs
incurred by the Contracting State Agency in its review of
proposed financial assurance cost estimates and updated
financial assurance cost estimates as required under
subsection (b)(iii).

(c)

The Contracting State Agency shall give the POA forty-five (45)

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days’ Notice to cure the POA’s failure to comply with the
requirements of subsection (b) before the Contracting State Agency
gives Notice to the Owner of the POA’s failure. The Owner’s
obligation under subsection (a) above shall resume within ninety
(90) days after Notice is provided to the Owner by the Contracting
State Agency that the POA has failed to comply with the
requirements of subsection (b), unless the POA resumes
performance of its obligations under subsection (b) within the same
90-day time period as the Owner is given under that subsection (or
as extended in writing by the Contracting State Agency). The
Owner’s obligation under subsection (a) above shall continue until
the POA resumes performance of its obligations under subsection
(b).
ARTICLE IV
RESTRICTIONS AND REQUIREMENTS
4.01. Prohibited Activities Relating to Groundwater. No Owner or Occupant
shall conduct any activities at the Property that may interfere with the integrity or
effectiveness of the Groundwater Remediation System, and the related monitoring,
operation and maintenance activities, required for the groundwater beneath the
Property, including any of the following activities:
(a)

No Extraction. No Owner or Occupant shall drill, bore, otherwise
construct, or use a well for the purpose of extracting water for any
use, including, but not limited to, domestic, municipal, potable,
irrigation or industrial uses, except (i) for Regulatory-Agencyapproved site remediation; or (ii) unless and until expressly
approved in writing by RWQCB. No Owner or Occupant shall
conduct sustained extraction of groundwater encountered during
excavations for the construction of buildings or other
improvements unless and until expressly permitted in writing by
RWQCB.

(b)
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No Recharge. No Owner or Occupant shall install, operate, or
Page 11

maintain a recharge or sedimentation control basin that is
designed to infiltrate water unless and until expressly approved in
writing by RWQCB.
(c)

No Injection. No Owner or Occupant shall install, operate, or
maintain any injection well for any use unless and until expressly
approved in writing by RWQCB.

(d)

Upon RWQCB’s approval as to section 4.01(a) (b) or (c), Owner
or Occupant shall obtain all necessary permits to install, operate,
or maintain such facilities.

4.02. Prohibitions Related to Vapor Mitigation.
(a)

No Owner or Occupant shall construct any building on any portion
of the Property within the Area of Vapor Management without
Vapor Mitigation designed by a licensed engineer and approved
by the Department, in accordance with applicable regulatory
agency guidance and standards. Such Vapor Mitigation shall be
maintained by the Owner and shall, at a minimum require, unless
otherwise approved by the Department in writing, (i) poured
concrete slabs constructed in compliance with applicable building
codes for all buildings (unless a different type of foundation
providing equivalent protection is expressly required or permitted
by then current regulatory agency guidance and standards), (ii) a
vapor barrier to affect Vapor Mitigation, (iii) a passive sub-slab
depressurization system that can be converted to an active
system if necessary and (iv) verification upon completion of
construction that the Vapor Mitigation is constructed properly and
functioning. The Department shall make every effort to give
Notice of approval within 45 days of receipt of the application
(with necessary design and construction details).

(b)

No activities shall be conducted at the Property that interfere with
the integrity or effectiveness of Vapor Mitigation, including any
associated vapor monitoring wells.

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(c)

For purposes of this Section 4.02, the term “building” does not
include roofed structures without walls or structures that are not
for human habitation and this section shall not apply to the
construction of such structures.

4.03. Access for the Regulatory Agencies. The Regulatory Agencies shall have
reasonable right of entry and access to the Property for inspection, monitoring, and
other activities consistent with the purposes of this Covenant as deemed necessary by
the Regulatory Agencies to protect the public health or safety, or the environment. The
Regulatory Agencies shall take reasonable efforts to limit such entry and access to
common areas such as public rights-of-way or private roads in the Community.
4.04. Access for Implementing Actions. The entity or person responsible for
implementing activities under a Regulatory Agency-approved plan for any action to be
taken on the Property shall have reasonable right of entry and access to the Property
for the purpose of implementing those activities until the Regulatory Agencies determine
that those activities are not required. Any such responsible person or entity shall take
reasonable efforts to limit such entry and access to common areas such as public
rights-of-way or private roads in the Community.
4.05. Location of Groundwater Remediation System. The Property is located
within the Community. Should Groundwater Remediation System components need to
be placed in the vicinity of the Property after the recordation of this Covenant, the
following prioritization applies as to the location of any such components:
(a)

To the extent that alternate locations are appropriate and
protective as determined by the Regulatory Agencies, such
components will be located within the arterial roadway corridors of
the Community.

(b)

To the extent that Groundwater Remediation components need to
be placed in a subdivision within the Community and alternative
locations are appropriate and protective as determined by the
Regulatory Agencies, the components will be located in public
right-of-ways (including public utility easement areas) or on
nonresidential lots. For example, when the alternatives allow for

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placement of a well and electrical equipment adjacent to a
residential lot or adjacent to a public property (e.g., park, open
space, or other common area property), the location of the
facilities would be on or adjacent to the public property.
4.06. Inspection and Reporting Requirements.
(a)

The Owner of each Lot or Parcel within the Property shall conduct
an annual inspection of said Lot or Parcel verifying compliance
with this Covenant and shall submit an annual inspection report to
the Department and RWQCB for their approval by February 15th
of each year. The annual inspection report must include the
dates, times, and names of those who conducted the inspection
and reviewed the annual inspection report. It also shall describe
how the observations were performed that were the basis for the
statements and conclusions in the annual inspection report (e.g.,
drive by, fly over, walk in, etc.). If any violation is noted, the
annual inspection report must detail the steps taken to correct the
violation and return to compliance with this Covenant. It is
anticipated that the inspection report will be in a checklist format
in material conformance with Exhibit D hereto. If the Owner
identifies any violations of this Covenant during the annual
inspection or at any other time, the Owner must within ten (10)
calendar days of identifying the violation: (i) determine the
identity of the party in violation; (ii) send a letter advising the party
of the violation of the Covenant; and (iii) demand that the violation
cease immediately. Additionally, a copy of any correspondence
related to the violation of this Covenant shall be sent to the
Department and RWQCB within ten (10) calendar days of its
original transmission.

(b)

The obligation of the Owner under subsection (a) above shall be
performed by a POA if and when all of the following conditions
are met:

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(i)

The POA has demonstrated to the Department’s or
RWQCB’s satisfaction that it has been established and
incorporated pursuant to applicable law, and it has obtained
all necessary forms of authorization to undertake the
obligations under this subsection (b) specified for the POA.

(ii)

The POA enters into a written agreement with the
Contracting State Agency whereby the POA agrees to
undertake and thereafter undertakes all of the following
actions:
A.

Annual Inspection and Report. An inspection

of the Property verifying compliance with this
Covenant shall be performed annually. A written
annual inspection shall be submitted to the
Contracting State Agency for its approval by February
15th of each year, with a copy to the Department or
RWQCB which is not the Contracting State Agency.
The inspection report must include the following
information: (i) dates, times, and names of those who
conducted the inspection and reviewed the inspection
report for submittal to the Contracting State Agency;
(ii) a description of how the observations were
performed that were the basis for the statements and
conclusions in the inspection report (e.g., drive by, fly
over, walk in, etc.); and (iii) if any violation is noted, a
description in detail of the steps taken or to be taken
to return the Property to compliance. It is anticipated
that the inspection report will be in a checklist format
in material conformance with Exhibit D hereto.
B.

Discovery of Violation. If a violation of this

Covenant is discovered during an annual inspection
or at any other time by the POA as to any portion of

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the Property for which it has the obligation to inspect
under this Covenant or by the Owner at any time as to
that Owner’s Lot or Parcel, the violation must be
reported in writing to the Contracting State Agency
(“Violation Notice”) as described in (C) below, with a
copy to the Department or RWQCB which is not the
Contracting State Agency.
C.

Letter to Party in Violation. If the POA

discovers a violation of this Covenant that has not yet
been reported, within ten (10) calendar days of
discovering the violation the POA shall determine the
identity of the party in violation; and send to the party
in violation a letter advising the party of the violation
of the Covenant and demand that the violation cease
immediately (“Violation Letter”). The POA shall send
to the Contracting State Agency, with a copy to the
Department or RWQCB which is not the Contracting
State Agency, a copy of the Violation Letter along with
the Violation Notice. If the Owner discovers the
violation as to a Lot or Parcel it owns, the Owner shall
send the Violation Notice within ten (10) calendar
days of discovery of the violation to the Department,
RWQCB, and the POA.
(iii)

The POA establishes and maintains financial assurance for
the benefit of all Owners and to ensure that funds are
available for the purpose of the POA complying with this
subsection (b). The POA shall establish and maintain a
financial assurance mechanism for an amount that includes
the estimated costs of performing the obligations of this
subsection (b) for three (3) consecutive years. The cost
estimates proposed by the POA are subject to the approval

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of the Contracting State Agency and shall be updated on an
annual basis unless the Contracting State Agency indicates
otherwise in writing. The financial assurance mechanism(s)
shall include letters of credit or surety or performance bonds.
The financial assurance mechanism shall include provisions
that allow any Owner, on behalf of all Owners of the
Property, to cause the funds to be used for the retention of a
consultant or consultants to perform the activities required of
the Owner under subsection (c) below upon Notice to the
Owner by the Contracting State Agency as provided in
subsection (c) below that the POA has failed to comply with
the requirements of this subsection (b).
(iv)

The POA agrees in writing to reimburse the Department and
RWQCB for their costs incurred in negotiating and preparing
the agreement required in subsection (b)(ii) above
regardless of whether such agreement is entered into by the
POA and the Contracting State Agency, and the costs
incurred by the Contracting State Agency in its review of
proposed financial assurance cost estimates and updated
financial assurance cost estimates as required under
subsection (b)(iii).

(c)

The Contracting State Agency shall give the POA forty-five (45)
days’ Notice to cure the POA’s failure to comply with the
requirements of subsection (b) before the Contracting State
Agency gives Notice to the Owner of the POA’s failure. The
Owner’s obligation under subsection (a) above shall resume
within ninety (90) days after Notice is provided to the Owner by
the Contracting State Agency that the POA has failed to comply
with the requirements of subsection (b), unless the POA resumes
performance of its obligations under subsection (b) within the
same 90-day time period as the Owner is given under that

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subsection (or as extended in writing by the Contracting State
Agency). The Owner’s obligation under subsection (a) above
shall continue until the POA resumes performance of its
obligations under subsection (b).
ARTICLE V
ENFORCEMENT
5.01. Enforcement. Failure of any Owner or Occupant to comply with this
Covenant as to any Lot or Parcel which is part of the Property for which it is an Owner
or Occupant shall be grounds for the Department or RWQCB to require modification or
removal of any Improvements constructed or placed upon any portion of the Property in
violation of this Covenant. Violation of this Covenant shall be grounds for the
Department or RWQCB to pursue administrative, civil or criminal actions against such
Owner or Occupant of such Lot or Parcel as the Department or RWQCB deems
appropriate.
5.02. Enforcement Rights of U.S. EPA as a Third-Party Beneficiary. U.S. EPA,
as a third-party beneficiary, has the right to enforce the Environmental Restrictions of
this Covenant.
5.03. U.S. EPA’s CERCLA Authority. Nothing in this Covenant shall limit or
otherwise affect U.S. EPA’s right of entry and access, or U.S. EPA’s authority to take
response actions, under CERCLA; the National Contingency Plan, 40 Code of Federal
Regulations, Part 300, and its successor provisions; or federal law.
5.04. Supersedes Restrictions in Order re Partial Consent Decree. This
Covenant, upon recordation and pursuant to court order, supersedes as to the Property
the restrictions contained in Order re Partial Consent Decree recorded in the Official
Records of Sacramento County, California, July 20, 1989, Book 890720, Page 1004
(the “1989 Partial Consent Decree Order”), which shall have no continuing force or
effect as to the Property. The Plaintiffs (as that term is used in the 1989 Partial Consent
Decree Order) and Covenantor have so stipulated pursuant to Paragraph 11(L) of the
Partial Consent Decree and a copy of such Stipulation and Court Order so providing is
being recorded concurrently in the Official Records of Sacramento County, California.

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ARTICLE VI
VARIANCE, REMOVAL, AND TERM
6.01. Variance. Any person may apply to the Department or RWQCB for a
written variance from any of the Environmental Restrictions of this Covenant. If the
application is submitted to the Department, such application shall be made in
accordance with Health and Safety Code section 25223. The Department and RWQCB
shall consult with each other prior to making the decision on the variance and shall
ensure that each of their decisions are consistent with any enforcement orders or
permits issued by the other regarding the Property. A copy of the application shall be
submitted to U.S. EPA and Covenantor simultaneously when it is submitted to the
Department or RWQCB. No variance may be granted under this paragraph without
prior Notice to and an opportunity to comment by U.S. EPA and Covenantor.
6.02

Removal of Environmental Restrictions. Any person may apply to the

Department or RWQCB to remove any of the Environmental Restrictions of this
Covenant as it applies to all or any portion of the Property. If the application is
submitted to the Department, such application shall be made in accordance with Health
and Safety Code section 25224. The Department and RWQCB shall consult with each
other prior to making the decision on the termination or modification and shall ensure
that each of their decisions are consistent with any enforcement orders or permits
issued by the other regarding the Property. A copy of the application shall be submitted
to U.S. EPA and Covenantor simultaneously when it is submitted to the Department or
RWQCB. No removal may be granted under this paragraph without prior Notice to and
an opportunity to comment by U.S. EPA and Covenantor.
6.03

Term. Unless ended in accordance with section 6.02, by law, or by both

the Department and RWQCB in the exercise of their respective discretion, and after
providing Notice to and an opportunity to comment by U.S. EPA and Covenantor, this
Covenant shall continue in effect in perpetuity.
ARTICLE VII
MISCELLANEOUS
7.01. No Dedication or Taking Intended. Nothing set forth in this Covenant shall
be construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or
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any portion thereof to the general public or anyone else for any purpose whatsoever.
Nothing in this Covenant shall be construed to effect a taking under state or federal law.
7.02. References to Regulatory Agencies. All references to the Regulatory
Agencies, Contracting State Agency, the Department, RWQCB or U.S. EPA include
successor agencies, departments or other successor entities of the Regulatory
Agencies, Contracting State Agency, the Department, RWQCB or U.S. EPA.
7.03. Recordation. The Covenantor shall record this Covenant, with all
referenced Exhibits, in the County of Sacramento within fourteen (14) calendar days of
the Covenantor’s receipt of a fully executed original.
7.04. Notices. Whenever any person gives or serves any Notice (“Notice” as
used herein includes any demand or other communication with respect to this
Covenant), each such Notice shall be in writing, addressed to the party to be served at
the address(es) set forth below, or at such other address for which that party may have
given notice under the provisions of this section, and shall be deemed effective: (i)
when delivered, if personally delivered to the person being served (or, for delivery to an
entity, to the person designated for such entity in the address(es) provided below or, if
none, to an officer of a corporate party, a manager or officer of a limited liability
company, or a partner of a partnership (as applicable) being served); or (ii) five (5)
calendar days after deposit in the mail, if mailed by United States mail, postage paid,
certified, return receipt requested:
To Covenantor:

Aerojet Rocketdyne, Inc.
P.O. Box 13222
Sacramento, CA 95813
Attn: Legal Department

To Owner:

Name and address of any new owner as identified to
the Department under Section 3.04 of this Covenant.

To POA:

Name and address of any POA which has entered into
an agreement with the Department or RWQCB as
provided in this Covenant

To Department:

Branch Chief
Brownfields and Environmental Restoration Program
Department of Toxic Substances Control
8800 Cal Center Drive, 3rd Floor

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Sacramento, CA 95826-3200
To RWQCB:

Executive Officer
California Regional Water Quality Control Board
Central Valley Region
11020 Sun Center Drive, #200
Rancho Cordova, CA 95670-6114

To U.S. EPA

U.S. Environmental Protection Agency
Region IX
Attention: Remedial Project Manager Daewon RojasMickelson
75 Hawthorne Street
San Francisco, CA 94105-3901

Any party may change its address or the individual to whose attention a Notice is to be
sent by giving written Notice in compliance with this paragraph.
7.05. Partial Invalidity. If this Covenant or any of its terms are determined by a
court of competent jurisdiction to be invalid for any reason, the surviving portions of this
Covenant shall remain in full force and effect as if such portion found invalid had not
been included herein.
7.06

Statutory and Regulatory References. All statutory and regulatory

references include successor provisions.

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7.07. Counterparts. The Parties may execute this Covenant in two (2) or more
counterparts, which shall, in the aggregate, be signed by all Parties; each counterpart
shall be deemed an original of this Covenant as against any Party who has signed it. In
the event of any disparity between counterparts produced, the counterpart recorded in
the County Recorder’s Official Records shall be controlling.
IN WITNESS WHEREOF, the Parties execute this Covenant.

Covenantor:

Aerojet Rocketdyne, Inc.

By:

___________________________________

Print Name and Title: ___________________________________
Date:

___________________________________

California Department of Toxic Substances Control

By:

___________________________________

Print Name and Title: ___________________________________
Date:

___________________________________

California Regional Water Quality Control Board, Central Valley Region
By:

___________________________________

Print Name and Title: ___________________________________
Date:

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___________________________________

Page 22

A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of _________

On ________________________ before me,

(space above this line is for name and title of the officer/notary),
personally appeared ________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal,

_______________________________ (seal)
Signature of Notary Public

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A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of _________

On ________________________ before me,

(space above this line is for name and title of the officer/notary),
personally appeared ________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal,

_______________________________ (seal)
Signature of Notary Public

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A notary public or other officer completing this certificate verifies only
the identity of the individual who signed the document to which this
certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of _________

On ________________________ before me,

(space above this line is for name and title of the officer/notary),
personally appeared ________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal,

_______________________________ (seal)
Signature of Notary Public

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Exhibit A
Map and property description as referenced in Section 1.01

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Exhibit A (continued)
Map and property description as referenced in Section 1.01

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Exhibit B
Area of Vapor Management As Referenced in Section 2.01

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Exhibit B (continued)
Area of Vapor Management As Referenced in Section 2.01

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Exhibit C
Groundwater Remediation System (As referenced in Section 2.05)

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Exhibit D
Annual Land Use Covenant Inspection Report

Site Name: Aerojet Rocketdyne, Inc. PGOU Site Former Company Store
Site address: Sacramento County (See Exhibits A and B on attached Land Use Covenant)
Assessors Parcel Numbers: APN 072-0231-128 (Portion) and 072-231-129 (Portion)
DTSC Project Code: 100002
Envirostor Project Code (if any):
Inspection date:
Time:
(List all persons present during the inspection below)

Name:

Title:

Employer:

Address:

Phone:

E-mail:

Name:

Title:

Employer:

Address:

Phone:

E-mail:

Name:

Title:

Employer:

Address:

Phone:

E-mail:

Brief Description of the uses, activities and conditions at the Site:
The site is undeveloped with an APN of 072-0231-128 and 072-0231-129. It is currently
owned by ---.
Annual inspection of property conducted by
o Walk in
o Drive By
o Fly over
o Other: ______________________

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1)

Annual Land Use Covenant Inspection Report
Prohibited Activities Relating to Groundwater (See LUC Section 4.01)
a) No activities that interfere with the integrity or effectiveness of the groundwater
remediation system and related monitoring, operation and maintenance
activities were found on the Property since the time of the recorded Covenant to
Restrict Use of Property or the last annual inspection report, whichever is later.
Violation: Yes ______

No ______

Nature and Extent of Violation:
_______________________________________________________________
_______________________________________________________________.
b) No drilling, boring, constructing or use of well(s) for the purpose of extracting
water for any use including domestic, municipal, potable, irrigation or industrial
uses except for Regulatory-Agency-approved site remediation or unless
expressly approved in writing by the RWQCB were found on the Property, since
the time of the recorded Covenant to Restrict Use of Property or the last annual
inspection report, whichever is later.
Violation:

Yes ______ No ______

Nature and Extent of Violation:
________________________________________________________________
________________________________________________________________
If prior express written approval of RWQCB required by section 4.01(a) was
obtained, state the date, scope and nature of such approval:
_______________________________________________________________
_______________________________________________________________.
c) No sustained extraction of groundwater encountered during excavations for the
construction of buildings or other improvements unless expressly permitted in
writing by the RWQCB, were found on the property since the time of the
recorded Covenant to Restrict Use of Property or the last annual inspection
report, whichever is later
Violation:

Yes _______ No ______

Nature and Extent of Violation:
________________________________________________________________
________________________________________________________________
If prior express written approval of RWQCB required by section 4.01(a) was
obtained, state the date, scope and nature of such approval:
_______________________________________________________________
_______________________________________________________________.

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Annual Land Use Covenant Inspection Report
d) No installing, operating or maintaining a recharge or sedimentation control basin
designed to infiltrate water were found on the Property unless expressly
approved in writing by the RWQCB, since the time of the recorded Covenant to
Restrict Use of Property or the last annual inspection report, whichever is later.
Violation:

Yes ______ No ___ ___

Nature and Extent of Violation:
_______________________________________________________________
_______________________________________________________________.
If prior express written approval of RWQCB required by section 4.01(b) was
obtained, state the date, scope and nature of such approval:
_______________________________________________________________
_______________________________________________________________.
e) No activities related to the installing, operating, or maintaining an injection well
were found on the Property unless expressly approved in writing by the RWQCB
since the time of the recorded Covenant to Restrict Use of Property or the last
annual inspection report, whichever is later.
Violation:

Yes ______ No ______

Nature and Extent of Violation:
_______________________________________________________________
_______________________________________________________________.
If prior express written approval of RWQCB required by section 4.01(c) was
obtained, state the date, scope and nature of such approval:
_______________________________________________________________
_______________________________________________________________.
2)

Prohibited Activities Relating to Vapor Mitigation (See LUC Section 4.02)
a) No building been constructed on any portion of the Property within the Area of
Vapor Management without vapor mitigation, designed by a licensed engineer
and approved by the Department of Toxic Substances Control.
Violation:

Yes ______ No ______

Nature and Extent of Violation:
_______________________________________________________________
_______________________________________________________________.
b) No activities have been conducted at the Property that interfere with the
integrity or effectiveness of Vapor Mitigation, including any associated vapor
monitoring wells.
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Annual Land Use Covenant Inspection Report
Violation: Yes ______

No ______

Nature and Extent of Violation:
_______________________________________________________________
_______________________________________________________________.
Provide additional descriptions of any indication that maintenance, repair, or modification is
needed, or of any violations of the LUC restrictions or requirements. Please include
photographs which depict the situation as described, and attach copies of any notifications
made, any inspections notes, drawings, record of verbal warnings, and other relevant
documents to the extent applicable.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Are there photographs attached to this report which illustrate the current Site
conditions? ____ No; ______ Yes, the number of photographs __________
This annual report is submitted under penalty of perjury by the current owner(s), or
their duly authorized agent. This report includes the findings of the annual inspection.
During the inspection it was determined that (check one):
____ The Property is being used in a manner consistent with the terms of this LUC;
____ Conditions at the Property were not in compliance with the LUC; and the required
notification(s) and corrective action were implemented and as a result, the conditions
are in compliance with the LUC; or
____ Conditions at the Property were not in compliance with the LUC; the required
notification(s) and corrective action are being implemented; and once the conditions
are corrected, a subsequent report will be submitted within 30 days of the date of this
inspection report to document the return to compliance.

________________________________
Signature of Inspector

__________________________________
Date

_________________________________
Print Name

__________________________________
Title

_________________________________
Company

__________________________________
Address, City, State, Zip

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Annual Land Use Covenant Inspection Report
_________________________________
Contact Telephone Number(s)

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Annual Land Use Covenant Inspection Report

PHOTO LOG

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Annual Land Use Covenant Inspection Report

Former Company
Store LUC

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