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be deemed binding on all successors, assigns, and lessees, regardless of whether a copy of this <br /> Covenant and Agreement has been attached to or incorporated into any given deed or lease. <br /> 1.4 Purpose. It is the purpose of this instrument to convey to the Central Valley Water <br /> Board real property rights,which will run with the land as part of the remediation of past <br /> environmental contamination and to protect human health and the environment by reducing the <br /> risk of exposure to residual hazardous materials. <br /> ARTICLE II <br /> DEFINITIONS <br /> 2.1 Burdened Property. `Burdened Property" shall mean the real property consisting of land <br /> described in Exhibit A. <br /> 2. 2 Central Valley Water Board. "Central Valley Water Board"or 'Board" shall mean the <br /> California Regional Water Quality Control Board, Central Valley Region and shall include its <br /> successor agencies, if any. <br /> 2.3 Improvements. "Improvements" shall mean all buildings,roads, driveways, regradings, <br /> and paved parking areas,constructed or placed upon any portion of the Burdened Property. <br /> 2.4 Occupants. "Occupants" shall mean Owners and those persons entitled by ownership, <br /> leasehold, or other legal relationship to the right to use and/or occupy all or any portion of the <br /> Burdened Property. <br /> 2.5 Owner or Owners. "Owner" or "Owners" shall mean the Covenantor and Covenantor's <br /> successors in interest,who hold title to all or any portion of the Burdened Property. <br /> . ARTICLE III <br /> DEVELOPMENT,USE AND CONVEYANCE OF THE BURDENED PROPERTY <br /> 3.1 Restrictions on Development and Use. Covenantor promises to restrict the use of the <br /> Burdened Property as follows: <br /> a. No Owners or Occupants of the Property or any portion thereof shall drill, bore, or <br /> otherwise construct,or use a well for the purpose of domestic or potable uses, unless expressly <br /> permitted in writing by the Board. <br /> 3.2 Enforcement. Failure of an Owner or Occupant to comply with any of the restrictions, as <br /> set forth in paragraph 3.1, shall be grounds for the Board, by reason of this Covenant,to have the <br /> authority to require that the Owner modify or remove any Improvements constructed in violation <br /> of that paragraph. Violation of the Covenant shall be grounds for the Board to file civil actions <br /> against the Owner as provided by law. <br /> 3 <br /> DOCSS V 1-55004.1/valley_water_decl.apprvdbyboard(1) <br />