3800 RIVERFRONT BLVD 2025-07-23 - Laserfiche WebLink

I the environment, and the City of Everett, after notice from Ecology, fails to take necessary 2 action within a reasonable time. 3 (c) In the event conditions at the facility cause an endangerment to 4 human health or the environment under Section XVII of the Decree, and the City of Everett, 5 after notice from Ecology, fails to eliminate the endangerment within a reasonable time. 6 (d) To the extent the City of Everett exacerbates the known, 7 documented contamination described in this Decree and the CAP; 8 (e) In the event the City of Everett interferes with any remediation 9 of the facility conducted or required by Ecology. 10 2. APPLICABILITY: The Covenant Not to Sue set forth above shall have 11 no applicability whatsoever to: 12 (a) Criminal Liability; 13 (b) Liability for damages to natural resources; or 14 (c) Any Ecology action against potentially liable parties not a party 15 to this Decree, including cost recovery. 16 XXIX. LAND USE RESTRICTIONS 17 A. For all property within the Site owned by the City of Everett, the City of Everett 18 agrees to record the Restrictive Covenant (Exhibit F) with the office of the Snohomish County 19 Auditor within twelve (12) months of the entry of this Decree. The Restrictive Covenant shall 20 restrict future users of the Site. The City of Everett will provide Ecology with a copy of the 21 recorded Restrictive Covenant within thirty (30) days of the recording date. 22 B. For those properties within the Site not owned by the City of Everett where 23 residual concentrations of hazardous substances for which cleanup levels have been established 24 in the CAP will exceed residential cleanup levels following completion of the cleanup action, 25 the City of Everett will use its best efforts to obtain a recorded restrictive covenant that fulfills CONSENT DECREE 24 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Boa 40117 Olympia, NWA 98504-0117 FAX (360) 586-6760