16 Existing and Proposed Deed Restrictions and Covenants

tutory and regulatory requirements that impose restrictions upon the use of the Property, to restrict certain uses of the Property, and to provide notice to subsequent owners, lessees and operators of the restrictions and the monitoring, maintenance, and biennial certification requirements outlined in this Deed Notice and required by law, as set forth herein. 5A, RESTRICTED AREAS. Due to the presence of contamination remaining at concentrations that do not allow for unrestricted use, the Owner has agreed, as part of the remedial action for the Property, to restrict the use of certain parts of the Property (the "Restricted Areas"); a narrative description of these restrictions is provided in Exhibit C, which is attached hereto and made a part hereof. The Owner has also agreed to maintain a list of these restrictions on site for inspection by governmental officials. 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 2 of 16

5B. RESTRICTED LAND USES. The following statutory land use restrictions apply to the Restricted . Areas; i. The Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-12.g(10), prohibits the conversion of a contaminated site, remediated to non-residential soil remediation standards that require the maintenance of engineering or institutional controls, to a child care facility, or public, private, or charter school without the Department’s prior written approval, unless a presumptive remedy is implemented; and ii. The Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-12.g(12), prohibits the conversion of a landfill, with gas venting systems and or leachate collection systems, to a single family residence or a child care facility without the Department’s prior written approval. SC. ENGINEERING CONTROLS. Due to the presence and concentration of these contaminants, the Owner has also agreed, as part of the remedial action for the Property, to the placement of certain engineering controls on the Property; a narrative description of these engineering controls is provided in Exhibit C.] 6A. CHANGE IN OWNERSHIP AND REZONING. i. The Owner and the subsequent owners and lessees, shall cause all leases, grants, and other written transfers of an interest in the Restricted Areas to contain a provision expressly requiring all holders thereof to take the Property subject to the restrictions contained herein and to comply with all, and not to violate any of the conditions of this Deed Notice. Nothing contained in this Paragraph shall be construed as limiting any obligation of any person to provide any notice required by any law, regulation, or order of any ii. The Owne: governmental authority. bsequiclit owner ide written si5tic 2 ent of Environmental Pro} b fone CREA oat within thirty (30) calendar days after the effective date of any conveyance, t, gift, or other transfer, in whole or in part, of the owner's interest in the Restricted Area. iii. The Owner and the subsequent owners shall provide written notice to the Department, on a form available from the Department at www.ni.gow/srp/forms, within thirty (30) calendar days after the owner's petition for or filing of any document initiating a rezoning of the Property to residential. 6B. SUCCESSORS AND ASSIGNS. This Deed Notice shall be binding upon Owner and upon Owner's successors and

petition for or filing of any document initiating a rezoning of the Property to residential. 6B. SUCCESSORS AND ASSIGNS. This Deed Notice shall be binding upon Owner and upon Owner's successors and assigns, and subsequent owners, lessees and operators while each is an owner, lessee, or operator of the Property. 7A. ALTERATIONS, IMPROVEMENTS, AND DISTURBANCES. i, The Owner and all subsequent owners and lessees shall notify any person, including, without limitation, tenants, employees of tenants, and contractors, intending to conduct invasive work or excavate within the Restricted Areas, of the nature and location of contamination in the Restricted Areas, and, of the precautions necessary to minimize potential human exposure to contaminants. ii. Except as provided in Paragraph 7B, below, no person shall make, or allow to be made, any alteration, improvement, or disturbance in, to, or about the Property which disturbs any engineering control at the Property without first obtaining a soil remedial action permit modification pursuant to N.J.A.C. 7:26C-7. Nothing herein shall constitute a waiver of the obligation of any person to comply with all 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 3 of 16

applicable laws and regulations including, without limitation, the applicable rules of the Occupational . Safety and Health Administration. iii, Notwithstanding subparagraph 7Aii., above, a soil remedial action permit modification is not required for any alteration, improvement, or disturbance provided that the owner, lessee or operator: (A) Notifies the Department of Environmental Protection of the activity by calling the DEP Hotline, at 1-877-WARN-DEP or 1-877-927-6337, within twenty-four (24) hours after the beginning of each alteration, improvement, or disturbance; (B) Restores any disturbance of an engineering control to pre-disturbance conditions within sixty (60) calendar days after the initiation of the alteration, improvement or disturbance; (C) Ensures that all applicable worker health and safety laws and regulations are followed during the * alteration, improvement, or disturbance, and during the restoration; (D)Ensures that human exposure to contamination in excess of the remediation standards does not occur; and (E) Describes, in the next biennial certification the nature of the alteration, improvement, or disturbance, the dates and duration of the alteration, improvement, or disturbance, the name of key individuals and their affiliations conducting the alteration, improvement, or disturbance, a description of the notice the Owner gave to those persons prior to the disturbance. 7B. EMERGENCIES. In the event the public health and meek ptosthe et vironment,‘rr C 2, any person may te (icbrtac senigiiesrifigic the following: ‘ich presents, or may present, an unacceptable risk to late. enviros tal.concer, see N.J.S.A. 58:10C- brotvided to g ‘eémplies with each of . 4. Immediately notifies the Department of Environmental Protection of the emergency, by calling the DEP Hotline at 1-877-WARNDEP or 1-877-927-6337; Hires a Licensed Site Remediation Professional (unless the Restricted Areas polars an unregulated == oil tank) to respond to the emergency; iii. Limits both the actual disturbance and the time needed for the disturbance to the minimum reasonably necessary to adequately respond to the emergency; iv. Implements all measures necessary to limit actual or potential, present or future risk of exposure to humans or the environment to the contamination; v. Notifies the Department of Environmental Protection when the emergency or

essary to limit actual or potential, present or future risk of exposure to humans or the environment to the contamination; v. Notifies the Department of Environmental Protection when the emergency or immediate environmental concern has ended by calling the DEP Hotline at 1-877-WARNDEP or 1-877-927-6337; and vi. Restores the engineering control to the pre-emergency conditions as soon as possible, and provides notification to the Department of Environmental Protection within sixty (60) calendar days after completion of the restoration of the engineering control, including: (a) the nature and likely cause of the emergency; (b) the potential discharges of or exposures to contaminants, if any, that may have occurred; (c) the measures that have been taken to mitigate the effects of the emergency on human health and the environment; (d) the 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 4 of 16

measures completed or implemented to restore the engineering control; and (e) the changes to the engineering control or site operation and maintenance plan to prevent reoccurrence of such conditions in the fiiture. 8. TERMINATION OF DEED NOTICE. i. This Deed Notice may be terminated only upon filing of a Termination of Deed Notice, available at N.J.A.C. 7:26C Appendix C, with the office of the Register of Deeds of Essex County, New Jersey, expressly terminating this Deed Notice. ii. Within thirty (30) calendar days after the filing of a Termination of Deed Notice, the owner of the property shall apply to the Department for termination of the soil remedial action permit pursuant to NJAC, 7:26C-7, 9. ACCESS. The Owner, and the subsequent owners, lessees and operators agree to allow the Department, its agents and representatives access to the Property to inspect and evaluate the continued protectiveness of the remedial action that includes this Deed Notice and to conduct additional remediation to ensure the protection of the puiblic health and safety and of the environment if the subsequent owners, lessees and operators, during their ownership, tenancy, or operation, and the Owner fail to conduct such remediation pursuant to this Deed Notice as required by law. The Owner, and the subsequent owners and lessees, shall also cause all leases, subleases, grants, and other written transfers of an interest in the Restricted Areas to contain a provision expressly requiring that all holders thereof provide such access to the Department. 10. ENFORCEMENT OF VIOLATIONS. i. This Deed Notiteitselfis got'intended:t0.6 Crea é any. inteé in Feal.es in. favor of the Department of Environmental Provactioh, ‘hor to.cteaa:lien, agai poate sperty; bist oe itended to provide notice of certain conditions and restrictions on the Property and to reflect the latory and statutory obligations imposed as a conditional remedial action for this site. - ii. The restrictions provided herein may be enforceable solely by the Department against any person who violates this Deed Notice. To enforce violations of this Deed Notice, the Department may initiate one or more enforcement actions pursuant to N.J.S.A. 58:10-23.11, and N.J.S.A. 58:10C, and require additional remediation and assess damages pursuant to N.J.S.A. 58:10-23.11, and N.J.S.A. 58:10C. 11, SEVERABILITY. If any court of

s pursuant to N.J.S.A. 58:10-23.11, and N.J.S.A. 58:10C, and require additional remediation and assess damages pursuant to N.J.S.A. 58:10-23.11, and N.J.S.A. 58:10C. 11, SEVERABILITY. If any court of competent jurisdiction determines that any provision of this Deed Notice requires modification, such provision shall be deemed to have been modified automatically to conform to such requirements. If a court of competent jurisdiction determines that any provision of this Deed Notice is invalid or unenforceable and the provision is of such a nature that it cannot be modified, the provision shall be deemed deleted from this instrument as though the provision had never been included herein. In either case, the temaining provisions of this Deed Notice shall remain in full force and effect. 12A. EXHIBIT A. Exhibit A includes the following maps of the Property and the vicinity: i. Exhibit A-1: Vicinity Map - A map that identifies by name the roads, and other important geographical features in the vicinity of the Property (for example, USGS Quad map, Hagstrom County Maps); 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 5 of 16

ii, " Exhibit A-2: Metes and Bounds Description - A tax map of lots and blocks as wells as metes and . bounds’ description of the Property, including reference to tax lot and block numbers for the Property; iii, Exhibit A-3: Property Map - A scaled map of the Property, scaled at one inch to 200 feet or less, and if more than one map is submitted, the maps shall be presented as overlays, keyed to a base map; and the Property Map shall include diagrams of major surface topographical features such as buildings, roads, and parking lots. 12B. EXHIBIT B. Exhibit B includes the following descriptions of the Restricted Areas: i. Exhibit B-1: Restricted Area Map - A separate map for each restricted area that includes: (A)As-built diagrams of each engineering control, including caps, fences, slurry walls, (and, if any) ground water monitoring wells, extent of the ground water classification exception area, pumping and treatment systems that may be required as part of a ground water engineering control in addition to the - deed notice (B) As-built diagrams of any buildings, roads, parking lots and other structures that function as engineering controls; and {C) Designation of all soil and sediment sample locations within the restricted areas that exceed any soil or sediment standard that are keyed into one of the tables described in the following paragraph. @ FS ae ig-sitéyand for which analytical (B) Sample location designation from Restricted Area map (Exhibit B-1); (C) Sample elevation based upon mean sea level; (D)Name and chemical abstract service registry number of each contaminant with a concentration that exceeds the unrestricted use standard; (E) The restricted and unrestricted use standards for each contaminant in the table; and (F) The remaining concentration of each contaminant at each sample location at each elevation. 12C, EXHIBIT C, Exhibit C includes narrative descriptions of the institutional controls and engineering controls as follows: i, : Deed Notice as Institutional Control: Exhibit C includes a narrative description of the restriction and obligations of this Deed Notice that are in addition to those described above, as follows: (A) Description and estimated size of the Restricted Areas as described above; 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 6 of 16

(B) Description of the restrictions on the Property by operation of this Deed Notice; and (C) The objective of the restrictions. ii. Exhibit :The Existing slab-on grade concrete floor of the dry cleaning leasehold and portion of the liquor store leasehold: Exhibit C also includes a narrative description as follows: (A) Description of the engineering control; (B) The objective of the engineering control; and (C) How the engineering contro! is intended to function. 13. SIGNATURES. IN WITNESS WHEREOF, Owner has executed this Deed Notice as of the date first written above. Diener Mt. Peasant Associates Ltd., a New Jersey Limited Partnership By. ie Lawrence B. Diener, General Partner STATE OF NEW JERSEY SS.: COUNTY OF ar cr NE NEED COT (a) this person is the maker of the attached Deed; (b) this person was authorized and did execute this Deed as the general partner of Diener Mt. Pleasant Associates Ltd, the entity named in this Deed; (c) this Deed was executed as the act of the entity. Signed and sworn before me on May 13 2014 RT Rte riblieOe Maw SEE Manifo.€ Buchburgir. Notary Public of New Jersey No, 2306040 COMMISSION EXPIRES OCTOBER 2, 2014 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 7 of 16

2.000 1,000 0. 2,000 Feet BASE SOURCE: USGS 24K COLOR ORTHOIMAGERY MARTY'S CLEANERS Legend 467 MT PLEASANT AVENUE ah WEST ORANGE, NEW JERSEY. oO Site Boundary é EXHIBIT A1 SITE LOCATION by: LEGGETTE. BRASHEARS & GRAHAM, INC. ¢) Professional Groundwater and Environmental Services 600 East Crescent Avenue, Suite 200 Upper Saddle River, New Jersey 07. )1) 818-0700 www. (20 foot Contour inverval) + Caldwell, N.J.; 1854, P.R. 1981. Bh New Jersey le + Orange, N.J.; 1955, PR. 1981. Preto Revised RR. 08/02/2023 9:33:47 AM ESSEX COUNTY Inst.# 14034831 - Page 8 of 16