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1 <br />11 the requirements of WAC 173-340-440 within eighteen (18) months from the date of entry of <br />2 <br />this Decree. If the City of Everett obtains a restrictive covenant for these properties, then the <br />3 <br />City of Everett agrees to record the restrictive covenant with the office of the Snohomish <br />County Auditor. The City Everett Ecology the <br />4 <br />of will provide with a copy of recorded <br />5 <br />restrictive covenant within thirty (30) days of the recording date. <br />6 <br />If after eighteen (18) months, the City of Everett has failed to record a restrictive <br />7 <br />covenant that fulfills the requirements of WAC 173-340-440 for these properties despite the <br />8 <br />use of best efforts, then the City of Everett may request Ecology's assistance in obtaining a <br />9 <br />restrictive covenant for these properties. The City of Everett may request Ecology's assistance <br />10 <br />prior to eighteen (18) months from the date of this entry of this Decree if the City of Everett <br />further <br />11 <br />can shove that it used best efforts to obtain a recorded restrictive covenant and that <br />12 <br />efforts are not likely to be successful. In providing assistance to the City of Everett, Ecology <br />13 <br />will undertake all reasonable efforts to facilitate the recording of the restrictive covenant <br />14 <br />pursuant to Chapter 173-340 WAC. The City of Everett's use of best efforts to obtain a <br />15 <br />restrictive covenant for these properties will satisfy its obligations under this subparagraph. <br />16 <br />XXX. EFFECTIVE DATE <br />17 <br />This Decree is effective upon the date it is entered by the Court. <br />18 <br />XXXI. PUBLIC NOTICE AND WITHDRAWAL OF CONSENT <br />19 <br />This Decree has been the subject of public notice and comment under RCW <br />20 <br />70.105D.040(4)(a). As a result of this process, Ecology has found that this Decree will lead to <br />21 <br />a more expeditious cleanup of hazardous substances at the Site. <br />22 <br />If the Court withholds or withdraws its consent to this Decree, it shall be null and void <br />the the Complaint be dismissed <br />23 <br />at option of any party and accompanying shall without costs <br />24 <br />and without prejudice. In such an event, no party shall be bound by the requirements of this <br />25 <br />Decree. <br />25 ATTORNEY GENERAL OF WASHINGTON <br />CONSENT DECREE <br />Ecology Division <br />PO Box 40117 <br />Olympia, 'A" 98504-0117 <br />FAX (160) 586-6760 <br />1 <br />