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` Based on these calculations, the Department determined that use of the Property as a <br /> residence, hospital, school for persons under the age of 21 or day care center would entail <br /> an unacceptable cancer risk. The Department further concluded that the Property, as <br /> remediated, and subject to the restrictions of this Covenant, does not present an <br /> unacceptable threat to human safety or the environment, if limited to commercial and <br /> industrial, parks, open space, or as a water square/public meeting place as the <br /> Redevelopment Agency of the City of Stockton has proposed in the approved Revised <br /> Preliminary Endangerment Assessment. The Department further recognizes that natural <br /> attenuation of chemicals of concern may occur over time. If land uses were to be <br /> proposed in the future, which are currently prohibited, additional risk evaluations must be <br /> undertaken, including collection of additional sail and/or groundwater samples, and <br /> submitted to the Department for review and concurrence. <br /> ARTICLE If <br /> DEFINITIONS <br /> 2.01. Department. "Department" means the California Department of Toxic <br /> Substances Control and includes its successor agencies, if any. <br /> 2.02. Owner_ "Owner" means the Covenantor, its successors in interest, and their <br /> successors in interest, including heirs and assigns, who at any time hold title to all or any <br /> portion of the Property. <br /> 2.03. Occupant. "Occupant" means Owners and any person or entity entitled by <br /> ownership, leasehold, or other legal relationship to the right to occupy any portion of the <br /> Property_ <br /> ARTICLE III <br /> GENERAL PROVISIONS <br /> 3.01. Restrictions to Run with the Land. This Covenant sets forth protective <br /> provisions, covenants, restrictions, and conditions (collectively referred to as <br /> "Restrictions"), subject to which the Property and every portion thereof shall be improved, <br /> held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. Each <br /> and every Restriction: (a) runs with the land pursuant to H&SC section 25355.5(a)(1)(C) <br /> and Civil Code section 1471; (b) inures to the benefit of and passes with each and every <br /> portion of the Property, (c) is for the benefit of, and is enforceable by the Department, and <br /> (d) is imposed upon the entire Property unless expressly stated as applicable only to a <br /> specific portion thereof. <br /> 3.02. Binding upon Owners/Occupants. Pursuant to H&SC section <br /> 25355.5(a)(1)(C), this Covenant binds all owners of the Property, their heirs, successors, <br /> and assignees, and the agents, employees, and lessees of the owners, heirs, successors, <br /> 1111111 HIM 11111 1111111111 V III 111111111 VIII IIII IN310£41 S@@2$8815SR <br />