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FINAL EXHIBIT F Restrictive Covenant Everett Landfill Tlus Declaration of Restrictive Covenant is made this day of , 2000, by the City of Everett ("Everett"), the fee title owner of the real property described herein, in favor of the Washington State Department of Ecology ("Ecology"). The property that is the subject of this Restrictive Covenant (hereinafter referred to as the "Property") has been the subject of remedial action under the Washington State Model Toxics Control Act ("MTCA"), Chapter 70.105D RCW. This Restrictive Covenant is required by WAC 173-340-440 to assure the continued implementation of this remedial action. The remedial action undertaken to clean up the Property (hereinafter the "Cleanup Action ") is described in the Cleanup Action Plan ("CAP") for the Everett Landfill/Tire Fire Site. The CAP and Restrictive Covenant are attachments C and F respectively to the Consent Decree entered into by Ecology and Everett on relating to this Property. The Property is the fonner Everett Landfill and is located at 2902-36th Street East in Everett, Washington. The Property is further described in Exhibit A and B to the Consent Decree. The purpose of this Restrictive Covenant is to provide Ecology the right to ensure that the Property will not be used in a manner inconsistent with the restrictions stated herein or in a manner that would pose a threat to human health or the environment. It is the further purpose of this Restrictive Covenant to provide Ecology the right to determine whether and to what extent the deed restrictions set forth below may be removed from all or any portion of the Property, consistent with the Cleanup Action Plan. Everett makes the following declarations as to limitations, restrictions, and uses to which the Property may be put, and specifies that such declarations shall constitute covenants to run with the land, as provided by lave, and shall be binding on Everett and its successors or assigns: Section 1: The owner of the Property shall adhere to the requirements of the Consent Decree and Cleanup Action Plan. Any activity on the Property that may interfere with the Cleanup Action or that may result in an endangerment to human health or the environment resulting from hazardous substances contained on the Property or from gas generated from the Property is prohibited. This restriction recognizes that maintenance or construction activities at the Property conducted in accordance with CAP requirements, requiring replacement of portions of the landfill cover or other systems, including constructing foundations or other structures, or installing or maintaininer utilities, shall not constitute activities that interfere with the Cleanup Action. 1 1