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<br /> <br /> <br /> <br />Page 4 <br />portion of the Property. <br />(May add paragraph 2.7 to define “Remedial System” if necessary.) <br /> ARTICLE III <br /> GENERAL PROVISIONS <br />3.1. Runs with the Land. This Covenant sets forth Environmental Restrictions <br />that apply to and encumber the Restricted Area and every portion thereof no matter how <br />it is improved, held, used, occupied, leased, sold, hypothecated, encumbered, or <br />conveyed. This Covenant: (a) runs with the land pursuant to Civil Code section 1471 <br />and Health and Safety Code section 25355.5; (b) inures to the benefit of and passes <br />with each and every portion of the Restricted Area; (c) is for the benefit of and is <br />enforceable by the Department; and (d) is imposed upon the entire Restricted Area <br />unless expressly stated as applicable only to a specific portion thereof. <br />3.2. Binding upon Owners/Occupants. This Covenant: (a) binds all Owners of <br />the Property, their heirs, successors, and assignees; and (b) the agents, employees, <br />and lessees of the Owners and the Owners’ heirs, successors, and assignees. <br />Pursuant to Civil Code section 1471, all successive Owners of the Property are <br />expressly bound hereby for the benefit of the Department; this Covenant, however, is <br />binding on all Owners and Occupants, and their respective successors and assignees, <br />only during their respective periods of ownership or occupancy except that such Owners <br />or Occupants shall continue to be liable for any violations of, or non-compliance with, <br />the Environmental Restrictions of this Covenant or any acts or omissions during their <br />ownership or occupancy. <br />3.3. Incorporation into Deeds and Leases. This Covenant shall be <br />incorporated by reference in each and every deed and Lease for any portion of the <br />Property. <br />3.4. Conveyance of Property. The Owner and new Owner shall provide Notice <br />to the Department not later than 30 calendar days after any conveyance or receipt of any <br />ownership interest in the Property (excluding Leases, and mortgages, liens, and other <br />non-possessory encumbrances). The Notice shall include the name and mailing address <br />of the new Owner of the Property and shall reference the site name and site code as <br />listed on page one of this Covenant. The notice shall also include the Assessor’s Parcel <br />EXHIBIT 12