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subsurface soils of the Property contain hazardous substances, as defined in Health and <br /> Safety Code section 25316, which include the following contaminants of concern in the <br /> ranges set forth below: Beryllium (at 130 milligrams per kilogram (mg/kg) or parts per <br /> million (ppm)), and Polycyclic Aromatic Hydrocarbons (Naphthalene at 82 ppm). Based on <br /> the Technical Memorandum, the above contaminant concentrations in soils exceed the <br /> residential screening levels. (The California Human Health Screening Level (CHHSL) for <br /> Beryllium is 16 ppm, and the residential Regional Screening Level (RSL) for Naphthalene <br /> is 3.6 ppm.) Based on the Technical Memorandum, the Department concluded that use of <br /> the Property as a residence, hospital, school for persons under the age of 21 or day care <br /> center would entail an unacceptable human health risk unless adequate protective <br /> remedial measures are implemented. The Department further concluded that the Property, <br /> when its use is limited to commercial or industrial, and when used in compliance with the <br /> restrictions of this Covenant, does not present an unacceptable threat to human health or <br /> safety or the environment. <br /> ARTICLE II <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. Environmental Restrictions. "Environmental Restrictions" means all <br /> protective provisions, covenants, restrictions, prohibitions, and terms and conditions as set <br /> forth in any section of this Covenant. <br /> 2.03. Improvements. "Improvements" includes, but is not limited to: buildings, <br /> structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. <br /> 2.04. Lease. "Lease" means lease, rental agreement, or any other document that <br /> creates a right to use or occupy any portion of the Property. <br /> Page 3 <br />