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undersigned Grantor is/are the owner(s) of or has/ha've a substantial interest in the <br />value, use, enjoyment, and occupation of the real property legally described in Exhibit A <br />("Property"). <br />1.2. The Gran tees/Covenantees, the City of Everett (the "City") and Washington Stat,, <br />Department of Ecology ("Ecology"), have a substan * tial interest in the environment <br />protection and safe use of lands within its borders, and in the health, safety and welfare <br />its citizens. <br />1.3. A portion of the Property is located in a critical area and/or associated buffer pursuant <br />to the City's Zoning Code. <br />1.4. Before the City will issue any Permit for develo ment activity on the Prope <br />p rty, th <br />Declaration 6f Critical Area Covenant (this "Covenant") must be signed, acknowledge' <br />and recorded in the records of Snohomish County as a restrictive covenant, restricting aril <br />'t <br />limiting use of that portion of the Property representing a critical area and associated buffe i <br />as shown and depicted on the attached Exh.ibit B (the "Critical Ara). <br />1.5. This Covenant concerns the Grantor/Covenantor"s use, occupation or enjoyment of the <br />Property and benefits the City and Ec ' ology as. Grantees/Covenantees. This Covenant is <br />intended to.bind successors and assigns and run with the land. <br />Section 2. SCR estrictions'on Occupation, Use, and Development of the Property <br />The following restrictions apply to the occupation, use and development of the Critical <br />Area: - <br />2.1. Grantor impldmented an Interim Cleanup'Action under a Second Amendment <br />Washington -State.Departffient- of Ecology Agreed Order (No. DE 5490) within the Critic <br />Area. The Second Amendment to the Agreed 'Order required Grantor to restore t <br />shoreline at the Property. The restored shoreline must also be monitored and maintaine <br />part of the kestoration Plan for the Interim Action. I <br />2.2. All veg ' etation including trees, shrubs and ground cover which -exists within <br />Critical Area shall remain in its natural state and shall not be disturbed, i <br />2.3. There shall be no cutting, removal, clearing, or modification of any vegetation with* <br />the Critical Area unless approved by the City and the Department of Ecology Toxi <br />Cleanup Pro <br />. gram. <br />2.4. This Covenant shall run with the land and be binding up' <br />and their respective successors and assigns. o1i the undersigned Owner(i <br />