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Mr. John Verner <br /> Page 2 <br /> For these reasons, the Department is entering into a land use <br /> restriction agreement, per California Health and Safety Code <br /> Section 25222. 1, with Verner Construction, Inc. and Lyon <br /> Communities, Inc. The deed restriction agreement (agreement <br /> enclosed) will run with the land, and restricts the following <br /> uses of the SP C and D site: <br /> 1) No owner or occupant of this Property shall extract, <br /> utilize, consume or permit to be extracted any water <br /> from below the surfaces of the ground without prior <br /> approval from the local Health District and the <br /> Department of Health Services. <br /> 2) All water utilized within the Property for any purpose <br /> shall be obtained from a municipal water source, unless <br /> approval from the local Health District and the <br /> Department of Health Services is obtained. <br /> 3) No owner or occupant shall dig, create or utilize a <br /> septic tank or any other sub-surface waste disposal <br /> system without prior approval from the local Health <br /> District and the Department of Health Services. <br /> 4) Prior to construction on this Property, all existing <br /> domestic and irrigation supply wells shall be abandoned <br /> pursuant to all applicable state and local regulations. <br /> However, groundwater wells, extraction systems, and <br /> associated equipment used for monitoring or other <br /> activities required for remediation by the Sharpe Army <br /> Depot, or it's agents or successors, shall remain <br /> intact and access shall not be denied. <br /> 5) No owner or occupant of this Property shall hinder, <br /> prevent or permit the prevention of, required <br /> remediation efforts deemed necessary by state or <br /> federal agencies to remove groundwater contamination <br /> from under the Property. <br /> You have indicated to the Department your verbal agreement with <br /> these restrictions. Upon all parties signing this deed <br /> restriction agreement, you are required by law to record the <br /> agreement with the county recorder within ten (10) days of <br /> receipt. The county recorder should be requested to index the <br /> deed restriction in the grantor index in the name of the record <br /> title owner of the property and in the grantee index in the name <br /> of the Department of Health Services (reference California Health <br /> and Safety Code Sections 25222 . 1 (a) and 25230 (a) (1) ) . <br />