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(1) Arsenic up to 58 -micrograms per liter (ug/L) in groundwater from the southwestern corner of the Property and up to 77-ug/L in groundwater from beneath the northeastern portion of Waste Unit 1. Naturally occurring arsenic is present in the Central Valley and may be contributing to concentrations at the Property. (2) Total dissolved solids (TDS) were found in groundwater in areas across the land application area of the 48 -acre parcel up to I ,400-mgIL. The highest TDS values were found at the southeastern and southwestern corners of the Property. The elevated TDS may have resulted from land application of domestic wastewater or contaminant migration from neighboring commercial/industrial properties. (3) Nitrates upto 1,110-mg/L were found in groundwater in the Property's land application area. The elevated nitrates may have resulted from land application of domestic wastewater or contaminant migration from neighboring commercial/industrial properties. 1.03 Concrete Pavement. The excavated waste material from Waste Unit I is stabilized within a mixture of 5 percent Portland cement in the upper 12 -inches of the soil within the westerly portion of the building pad subgrade and covered with a 7 -inch concrete floor slab ("Building Floor Slab") to prevent potential migration of non -hazardous contaminants found in the excavated glass waste material. Some excavated glass waste materiai from Waste Unit I also was placed within the upper 12 -inches of soils within the concrete loading dock area north of the building ("Loading Dock"), stabilized with a mixture of 5 percent Portland cement, and covered with a 6 -inch concrete pavement. The areas of consolidated glass waste from Waste Unit I are depicted on Exhibit A3 attached hereto (the "Consolidated Glass Waste Areas"). The remaining concrete and asphalt pavement areas were treated with 5 percent Portland cement to prevent potential infiltration of surface water, thereby preventing any potential leachate of non -hazardous metals from entering groundwater. 1.04 Groundwater Remedial Action. The impacts to soil and groundwater will not pose a future threat to regional groundwater or human health if (1) the Property is restricted to preclude the uses listed in Section 4.01 below, (2) the current Building Floor Slab and concrete Loading Dock is maintained over Consolidated Glass Waste Areas shown on Exhibit A3 to prevent infiltration of surface water, and (3) future development of groundwater beneath the Property is prohibited. These restrictions to eliminate exposure to and use of the groundwater are necessary until the Regional Water Board determines that the potential threat to human health and the environment from groundwater beneath the Property has been defined. ARTICLE li-DEFINITIONS 2.01 Regional Water Board or RWQCB. "Regional Water Board" shall mean the Regional Water Quality Control Board, Central Valley Region, and shall include its successor agencies, if any. 2.02 Owner. "Owner" means Covenantor, its successors in interest, including heirs and assigns, who at any time hold title to or an ownership interest in all or any portion of the Property, during the time of such ownership. 2.03 Occupant. "Occupant" means Owner and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property.