81 acres tract-grantee Kuraray America, Inc.

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THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I) THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION, INCLUDING WETLANDS, EXISTS ON ANY PORTION OF THE PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT OCCUPIED THE PROPERTY AND THEREFORE, THE PROPERTY MAY CONTAIN DEFECTS OR MAY BE IN NEED OF REPAIR. Without limiting the generality of the foregoing paragraph, this Special Warranty Deed is executed and delivered, and the conveyance hereinabove set forth is made by Grantor and accepted by Grantee, subject to each and all of those certain exceptions to and conditions and encumbrances on title to the property which are set forth in Exhibit "B" attached hereto, incorporated by reference herein and made a part hereof for all purposes (such exceptions, conditions and encumbrances being herein collectively referred to as the "Permitted Exceptions"), to the extent the Permitted Exceptions are validly existing and are applicable to the Property. COVENANTS: Grantee joins in the execution of this Special Warranty Deed, to evidence its agreement to the following covenants, which shall be considered covenants running with the land; 1. No portion of the property shall be used for the incineration or disposal of hazardous waste, or for storage, processing, incineration or disposal of radioactive waste, or medical waste. 2. In the event that any portion of the Property is used for open storage of shipping containers, the shipping containers shall be stacked not to exceed four (4) containers in height. Minimum setback for open storage of shipping containers, shall be fifty feet (50') on Bay Area Boulevard; twenty five feet (25') from the rear property line; and twenty-five feet (25') from each side property line. Until development of fixed and permanent structure (8) existing vegetation in the setback areas shall remain in place. 3. There shall be a permanent fifteen foot (15') landscape setbaCk contiguous to Bay Area Boulevard which, upon development of fixed and permanent structure(s) shall be landscaped by one of the following techniques; a) Leave in place existing trees and vegetation to provide a thorough and effective landscape. b) Develop and install a landscaping plan that includes a combination of trees, shrubs, grass and ground cover. For items a and b above, the actual length of required landscaping along the right-of-way of Bay Area Boulevard will be equal to the length of the new development that is parallel to the roadway.