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2.04. Improvements. “Improvements” shall mean all buildings, roads, driveways,

walkways, landscaped areas an paved parking areas, constructed or placed upon any portion of

the Property.

ARTICLE III

GENERAL PROVISIONS

3.01. Restrictions to Run with the Land. This Covenant sets forth protective provisions,

covenants, restrictions, and conditions (collectively referred to as "Restrictions"), upon and

subject to which the Capped Property and every portion of it shall be improved, held, used,

occupied, leased, sold, hypothecated, encumbered, and/or conveyed. Each and every one of the

Restrictions: (a) shall run with the land pursuant to Health and Safety Code sections 25202.5 and

25202.6 and Civil Code section 1471; (b) shall inure to the benefit of and pass with each and

every portion of the Capped Property; (c) shall apply to and bind the respective successors in

interest to the Property; (d) are for the benefit of, and shall be enforceable by the Department;

and (e) are imposed upon the entire Property unless expressly stated as applicable only to a

specific portion.

    • 3.02.

      Binding upon Owners/Occupants. Pursuant to Health and Safety Code section

    • 25202.5

      (b), this Covenant shall be binding upon the covenantor and all of the owners of the land,

their heirs, successors, and assignees, and the agents, employees, and lessees of the owners,

heirs, successors, and assignees. Pursuant to Civil Code section 1471(b), all successive owners

of the Property are expressly bound by this covenant for the benefit of the Department.

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