|
q
<br /> 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
<br /> entail an unacceptable cancer risk. The Department further concluded that the
<br /> Property, as remediated, and subject to the restrictions of this Covenant, does not
<br /> present an unacceptable threat to human safety or the environment, if limited to
<br /> commercial and industrial, parks, open space, or as a water square/public meeting
<br /> place as the Redevelopment Agency of the City of Stockton has proposed in the
<br /> approved Revised Preliminary Endangerment Assessment.
<br /> ARTICLE 11
<br /> DEEINITIONS
<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
<br /> their successors in interest, including heirs and assigns, who at any time hold title to all
<br /> or any portion of the Property.
<br /> 2.03. Occupant. "Occupant" means Owners and any person or entity entitled
<br /> by ownership, leasehold, or other legal relationship to the right to occupy any portion of .
<br /> the 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
<br /> improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or
<br /> conveyed. Each and every.Restriction: (a) runs with the land pursuant to H&SC section )
<br /> 25355.5(a)(1)(C) and Civil Code section 1471; (b) inures to the benefit of and passes
<br /> with each and every portion of the Property, (c) is for the benefit of, and is enforceable )
<br /> by the Department, and (d) is imposed upon the-entire Property unless expressly stated -
<br /> as applicable only to a specific portion thereof.
<br /> 3.02. Binding Uon Owners/Occupants. Pursuant to H&SC section:
<br /> 25355.5(a)(1)(C), this Covenant binds all owners of the Property, their heirs,
<br /> successors, and assignees, and the agents, employees, and lessees of the owners,
<br /> heirs, successors, and assignees. Pursuant to Civil Code section 1471(b), all
<br /> successive owners of the Property are expressly bound hereby for the benefit-of the
<br /> Department.
<br /> 3.03. Written NQfice of.the Presence of Hazardous Substances. Prior to the
<br /> sale, lease, or sublease of the Property, or any portion thereof, the owner, lessor, or
<br /> sublessor shall give the buyer,.lessee, or sublessee notice that hazardous substances
<br /> are located on or beneath the Property, as required by H&SC section 25359.7.
<br /> 3
<br /> . q4
<br /> I
<br />
|