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<br /> <br /> <br /> <br />Page 3 <br />(1) excavation and offsite disposal of soil contaminated with arsenic, lead, <br />chromium, and petroleum hydrocarbons, and (2) institutional controls to restrict <br />construction over the area of soil vapor contaminated with Tetrachloroethene <br />beneath the western portion of the North parcel. Hazardous substances, including <br />Tetrachloroethene, remain at the Property above levels acceptable for unrestricted land <br />use. <br />1.3. Basis for Environmental Restrictions. As a result of the presence of <br />hazardous substances, which are also hazardous materials as defined in Health and <br />Safety Code section 25260, at the Property, the Department has concluded that it is <br />reasonably necessary to restrict the use of the Restricted Area described in Exhibit C, in <br />order to protect present or future human health or safety or the environment, and that <br />this Covenant is required as part of the Department-approved remedy for the Property. <br />The Department has also concluded that the Property, as remediated and when used in <br />compliance with the Environmental Restrictions of this Covenant, does not present an <br />unacceptable risk to present and future human health or safety or the environment. <br /> ARTICLE II <br /> DEFINITIONS <br />2.1. Department. "Department" means the California Department of Toxic <br />Substances Control and includes its successor agencies, if any. <br />2.2. Environmental Restrictions. “Environmental Restrictions” means all <br />protective provisions, covenants, restrictions, requirements, prohibitions, and terms and <br />conditions as set forth in this Covenant. <br />2.3. Improvements. “Improvements” includes, but is not limited to buildings, <br />structures, roads, driveways, improved parking areas, wells, pipelines, or other utilities. <br />2.4. Lease. “Lease” means lease, rental agreement, or any other document <br />that creates a right to use or occupy any portion of the Property. <br />2.5. Occupant. "Occupant" or “Occupants” means Owner and any person or <br />entity entitled by ownership, leasehold, or other legal relationship to the right to occupy <br />any portion of the Property. <br />2.6. Owner. "Owner" or “Owners” means the Covenantor, and any successor <br />in interest including any heir and assignee, who at any time holds title to all or any <br />EXHIBIT 12