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2020-166965 Page 3 of 9 12/01/2020 01-42-25 PM the presence on the land of hazardous materials. Each and all of the Restrictions shall ran with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the Department and all Owners and Occupants. Each and all of the Restrictions are imposed upon the entire Burdened Property unless expressly stated as applicable to a specific portion of the Burdened Property. Each and all of the Restrictions ran with the land pursuant to section 1471 of the Civil Code. Each and all of the Restrictions are enforceable by the Department. 1.2 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any portion of the Burdened Property shall be deemed by their purchase, leasing, or possession of such Burdened Property, to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the Department and, the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. 1.3 Incorootatioa iint _Dgpds and .ea s.. Covenantor desires and covenants that the Restrictions set out herein shall be incorporated in and attached to each and all deeds and. leases of any portion of the Burdened Property. Recordation of this Covenant shall be deemed binding on all successors, assigns, and lessees, regardless of whether a copy of this Covenant and Agreement has been attached to or incorporated into any given deed or ],ease, 1.4 L? =,os . It is the purpose of this instrument to restrict the use of the Burdened Property as provided herein, which restrictions willrun with the land, to facilitate the remediation of any past environmental contamination and to protect human health and the environment by reducing the risk of potential exposure to residual hazardous materials. Uie Covenant does not create any private rigbts of action against Covenantor or any lessee or occupant of the Burdened Property. 1.5 Cove Lq �Rem�ov- , Covenantor agrees that the use of on -property contaminated groundwater as a source of drinking or landscape water, is prohibited and that such prohibition shall remain in effect until, (a) there is satisfactory evidence to the Department that groundwater cleanup standards have been achieved and pollutant levels have stabilized in the aquifers beneath the Burdened Property; or (b) as aresult of a written request and application, the Department, or a successor agency, issues awritten variance from the provisions of this Covenant as it applies to all or any portion of the Burdened Property, as described by the requester/applicant; or (c) the Department, or asuccessor agency, orders an amendment or termination of this Covenant. Any release from, or termination of, the restrictions specified in this Covenant shall be effective when recorded by the Owner of the Burdened Property, or the relevant portion thereof in the County of San Joaquin. ARTICLE II DEFINITIONS 2.1 Department. "Department" shall mean the San Joaquin County Environmental Health Department, and shall include its successor agencies, if any.