ALLOWED USES/RESTRICTIONS Allowed Uses Allowed land uses for this property are described in Chapter 18.51 of City zoning ordinances (Industrial; Light District). These uses are permitted unless otherwise listed as restrictions in Section B following. Restrictions/Nuisances Specific restricted uses are defined in Chapter 18.75 of Title 18, Kennewick Municipal Code. Except as otherwise specifically prohibited in this document, all uses permitted by applicable zoning will be permitted on a parcel, but uses will not be permitted which would violate federal, state or local laws or codes, are prohibited by later sections of this document or have a reasonable likelihood of constituting a nuisance as described later in this document. Allowed uses shall not cause or produce a nuisance to other property such as, but not limited to, excessive vibration, sound, electromechanical disturbances, electromagnetic disturbances, radiation, air or water pollution, dust or the emission of odorous or toxic matter. Restrictions In addition to those restricted uses defined in Chapter 18.75 KMC, the following operations and uses shall not be permitted: trailer courts or recreational vehicle campgrounds junkyards, body or fender shops, wrecking yards including battery and commercial solvent recycling or reclamation facilities new or used vehicle sales lots and display when not part of a manufacturing operation mining, drilling for or removing oil, gas or other hydrocarbon substances refining of petroleum or of its products commercial gravel pit excavation or rock quarry storage, treatment or disposal facility for hazardous substances as defined in Chapter 18.09 of City of Kennewick Municipal Code dumping, disposal, incineration, or reduction of garbage, sewage, offal, dead animals, hazardous substances or refuse fat rendering, stock yard or slaughter of animals cemeteries or mortuaries jails, honor farms, labor camps, correctional facilities, work release facilities and halfway houses automobile, go-cart, motorcycle or other race tracks wood treating facilities or asphalt production milling and concrete mixing bars, taverns, pool halls, billiard rooms, game parlors, video arcades, massage parlors, dance halls, adult bookstores, nude or partially nude entertainment establishments or any other adult entertainment establishments contractor yards for storing equipment and materials unless approved by a special permit from the Port Nuisances No offensive activity shall be carried on upon any property, nor shall anything be done thereupon which is a nuisance to the neighborhood. A nuisance shall include, but not be limited to, any of the following conditions: any activity or occurrence that is not in strict compliance with any applicable federal, state or local law, regulation or ordinance any discharges of contaminated water, oil, grease, detergents or other improper liquids, solid waste, or other harmful matter into the ground or the storm water system or other area that may adversely affect the health, safety or comfort of persons within the area or the intended use of their property or cause negative impacts to the surrounding area any escape or discharge of any fumes, odors, gases, vapors, acids or other substance into the atmosphere, which discharge may be detrimental to the health, safety or welfare of any person or may be harmful to people, property or vegetation any operation that causes ground vibrations inherently and recurrently generated that impacts adjacent properties any operation that creates sound pressure levels exceeding decibel levels as set forth in the City of Kennewick ordinances any operation that produces visible emissions of dust, dirt, steam, smoke or other particulate into the atmosphere that exceed the Benton County Air Pollution Control Authority levels any operation that produces excessive glare or heat or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation any disposal of any hazardous substances at any parcel not in accordance with all local, state and federal regulations Amendment/Modification/Cancellation The Port may from time to time amend, modify or cancel these Covenants, as it deems appropriate and necessary. Any amendment, modification, or cancellation of the Covenants may not be imposed retroactively upon a party to these Covenants. Conveyances and Leases Subordinated All conveyances and leases of any portion of the industrial site shall be subject to and subordinate to the terms and provisions of these Covenants. Not a Public Dedication Nothing contained herein shall be deemed to be a gift or dedication of any portion of the site to the general public or for the general public, or for any public purposes whatsoever, it being the intention that this declaration shall be strictly limited to and for the purposes herein expressed. ENFORCEMENT Generally Each party to these Protective Covenants shall comply with the provisions of this agreement, their lease, deed or purchase agreement, decisions and resolutions of the Port or the Port's representatives. Failure to comply with any provisions, decisions, or resolutions may be grounds for an action to recover sums due, for damages, for injunctive or any appropriate relief. Corrective Action Failure to adhere to these Protective Covenants, as herein adopted and as may otherwise be amended, shall result in corrective action. The enforcement of these Protective Covenants shall be the responsibility for the Port. Any corrective action or enforcement of these Covenants shall adhere to the following procedures: Notice Notice shall be forwarded in writing from the Port. Notice shall specify the deficiency, omission or violation and set forth what, if any, corrective action needs to be taken and the time frame for such action. Said notice will be sent by regular and certified mail. Corrective action The parities shall have thirty (30) days to correct the identified deficiency, omission or violation set forth in the notice letter unless the notice letter provides a different specified period of time for such corrective action. Failure to take corrective action If a party fails to take corrective action within the time frame set forth, the Port may declare the party in default and pursue default remedies or, in the alternative, the Port may correct such deficiency, omission or violation and charge the party its actual costs for such corrective action. If a party fails to pay the cost of corrective action or if it fails to perform any other act on its part and covenant herein to be performed by it, then the Port may, but shall not be obligated to do so, and with proper notice of demand upon such party, perform the acts so omitted or not performed by the party. If such performance shall constitute, either in whole or in part, the payment of monies, such money so paid together with interest thereon at the rate of twelve (12) percent per annum and reasonable attorney's fees incurred shall be deemed payable. Appeal Process An aggrieved party may appeal from a notice of deficiency, omission or violation. The party shall have thirty (30) days from the date it receives written notice to file a written appeal with the Port. The said appeal will specifically set forth the reasons why the party is of the belief it is not in violation of these covenants. The Port shall review the appeal and make a decision concerning the appeal within thirty (30) days of receipt of the appeal. An aggrieved party may request a hearing before the Port, provided the request is in writing and accompanies the notice of appeal. A decision from the Port is final. This process shall not preclude an aggrieved party from seeking other appropriate legal remedies.

EXHIBIT 1 DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., BENTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL OF THAT PORTION OF A PARCEL KNOWN AS THE VISTA FIELD AIRPORT, AS DEEDED TO THE PORT OF KENNEWICK IN A DEED RECORDED UNDER AUDITOR'S FILE #91-17363, ON FILE WITH THE BENTON COUNTY AUDITOR, LYING SOUTHERLY OF A CITY STREET KNOWN AS OKANOGAN AVENUE AS SHOWN ON RECORD OF SURVEY #1-1611, AS RECORDED WITH THE BENTON COUNTY AUDITOR. AND THAT PORTION OF LOT 4, BLOCK 3, OF THE PLAT OF VISTA INDUSTRIAL PARK AS RECORDED IN VOLUME 14 OF PLATS, AT PAGE 56, RECORD OF BENTON COUNTY, WASHINGTON, LYING IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., CITY OF KENNEWICK, BENTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, OF SAID BLOCK 3; THENCE SOUTH 44º 48' 56" EAST ALONG THE WESTERLY LINE OF THE SAID PLAT OF VISTA FIELD INDUSTRIAL PARK 430.00 FEET, TO THE SOUTHWEST CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY 1872, RECORDS OF SAID COUNTY, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 44º 48' 56" EAST 368.76 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 45º 11' 04" EAST 196.47 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 22º 47' 07" WEST 225.99 FEET TO A POINT ON A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 22º 47' 07" WEST 130.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF A STREET KNOWN AS W. JOHN DAY AVE. 154.22 FEET; THENCE NORTH 44º 48' 56" WEST 12.56 FEET; THENCE SOUTH 45º 11' 04" WEST 200.00 FEET TO THE SAID TRUE POINT OF BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS, AND RESTRICTIONS OF RECORD AND IN VIEW.

EXHIBIT 2