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levels above those acceptable for an unrestricted land use. Therefore, a deed restriction <br /> needs to be recorded for the site to prevent residential use of the property unless the site is <br /> remediated to a residential level. <br /> 1.03. Based upon this evaluation the Department determined that use of the <br /> Property as a residence, hospital, school for persons under the age of 21 or day care <br /> center would entail an unacceptable cancer risk and hazard. The Department further <br /> concluded that the Property, as remediated and subject to the restrictions of this Covenant, <br /> does not present an unacceptable threat to human safety or the environment, if limited to <br /> the current commercial and recreational land use. <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 protective <br /> provisions, covenants, restrictions, prohibitions, and terms and conditions as set forth in <br /> any section of this Covenant. <br /> 2.03. Improvements. "Improvements" means, but is not limited in meaning to, <br /> buildings, structures, roads, driveways, improved parking areas, or utilities installations. <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 /> 2.05. Occupant. "Occupant' means Owners and any person or entity entitled by <br /> ownership, leasehold, or other legal relationship to the right to occupy any portion of the <br /> Property. <br /> 3 <br />