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interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions <br /> contained herein. <br /> 1.3 Incorporation into Deeds and Leases. Covenantor desires and covenants that the <br /> Restrictions set out herein shall be incorporated in and attached to each and all deeds and leases of <br /> any portion of the Burdened Property. Recordation of this Covenant shall be deemed binding on all <br /> successors, assigns,and lessees,regardless of whether a copy of this Covenant and Agreement has <br /> been attached to or incorporated into any given deed or lease. <br /> 1.4 Purpose. It is the purpose of this instrument to restrict the use of the Burdened Property as <br /> provided herein,which restrictions will run with the land,to facilitate the remediation of any past <br /> environmental contamination and to protect human health and the environment by reducing the risk <br /> of potential exposure to residual hazardous materials. The Covenant does not create any private <br /> rights of action against Covenantor or any lessee or occupant of the Burdened Property. <br /> 1.5 Covenant Removal. Covenantor agrees that the use of on-property contaminated <br /> groundwater as a source of drinking or landscape water,is prohibited and that such prohibition shall <br /> remain in effect until(a) there is satisfactory evidence to the Department that groundwater cleanup <br /> standards have been achieved and pollutant levels have stabilized in the aquifers beneath the <br /> Burdened Property;or (b) as a result of a written request and application, the Department, or a <br /> successor agency,issues a written variance from the provisions of this Covenant as it applies to all or <br /> any portion of the Burdened Property,as described by the requester/applicant;or (c) the <br /> Department,or a successor agency,orders an amendment or termination of this Covenant. Any <br /> release from,or termination of,the restrictions specified in this Covenant shall be effective when <br /> recorded by the Owner of the Burdened Property,or the relevant portion thereof in the County of <br /> San Joaquin. <br /> ARTICLE II <br /> DEFINITIONS <br /> 2.1 Department. "Department" shall mean the San Joaquin County Environmental Health <br /> Department,and shall include its successor agencies,if any. <br /> 2.2 Improvements. "Improvements"shall mean all buildings,roads,driveways,regradings,and <br /> paved parking areas,constructed or placed upon any portion of the Burdened Property. <br /> 2.3 Occupants. "Occupants" shall mean Owners and those persons entitled by ownership, <br /> leasehold, or other legal relationship to the exclusive right to use and/or occupy all or any portion of <br /> the Burdened Property. <br /> 2.4 Owner or Owners. "Owner" or"Owners" shall mean the Covenantor and/or its successors <br /> in interest,who hold title to all or any portion of the Burdened Property. <br /> i <br />