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2020-166965 Page 2 of 9 12/01/2020 01-42-25 PM Preliminary Site Assessment Work Plan by Advanced GeoEnvironmental (renamed later to AdvancedGeo, Inc. (AGI) dated July 30, 2018, -which established Clean Up Goals for the Remedial Action Agreement, was approved by the EHD via email on August 13, 2018. Additional over -excavations at two locations where used oil filters were stored were conducted on August 14, 2018, and soil samples were obtained during this event, and subsequent sampling on August 31, 2018, and November 1 to determine the extent of the contamination. A Revised Site Assessment Report dated November 13, 2018 by AGI was submitted. The Department requested further investigation to determine the extent of the contamination. The business has since closed Additional soil samples were collected on December 11, 2018 and January 17, 2019. Addendum to Revised Site Assessment Report dated September 15, 2020 by AGI was submitted, which concludes the Clean Up Goals to have been met and recommends no further action to assess the contamination is required. C. Exposure Pathwgys. The contaminants addressed in this Covenant are present in the subsurface soil and groundwater on the Burdened Property. Exposure to these contaminants could take place via in-place contact resulting in dermal contact, inhalation or ingestion by humans. However, ingestion and dermal contact is unlikely because ground water is roughly fifteen feet below ground surface and the groundwater is not used for human consumption. Another exposure pathway is through the volatilization of chemicals in groundwater or subsurface soil to indoor and outdoor air if the groundwater is pumped out or the subsurface soil is excavated and exposed. The potential for exposure to workers and the public is substantially lessened if the groundwater is not pumped out and the subsurface soil not disturbed. D. Land Uses and Population Potentially Affected. The Burdened Property currently consists of an gun range with adjacent parking and landscape area. The building consists of separate units for commercial office space. The Burdened Property is in urban city zoning and adjacent to properties having industrial and commercial land uses. E. Full and voluntary disclosure to the Department of the presence of hazardous materials on the Burdened Property has been made and extensive sampling of the Burdened Property has been conducted. F. Covenantor desires and intends that in order to benefit the Department, and to protect the present and future public health and safety, the Burdened Property shall be used in such a manner as to avoid potential harm to persons or property that may result from hazardous materials that may have been deposited on portions of the Burdened Property. ARTICLE I GENERAL PROVISIONS 1.1 Provisions to Run with the Land. This Covenant sets forth protective provisions, covenants, conditions and restrictions (collectively referred to as "Restrictions") upon and subject to which the Burdened Property and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. The restrictions set forth, in Article III are reasonably necessary to protect present and future human health and safety or the environment as a result of