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Filed for Record 03/07/2022 12:53:19 PM - Kittitas County, WA Auditor - 202203070043 Page 4 of 12 <br />d. Notification procedure. Any required written notice, approval, reporting or other <br />communication shall be personally delivered or sent by first class mail to the following persons. <br />Any change in this contact information shall be submitted in writing to all parties to this <br />Covenant. Upon mutual agreement of the parties to this Covenant, an alternative to personal <br />delivery or first class mail, such as e-mail or other electronic means, may be used for these <br />communications. <br />Board of Commissioners <br />205 W 5th AVE STE 108 <br />Ellensburg WA 98926-2887 <br />509-962-7508 <br />509-962.7679 fax <br />boccAco.kittitas.wa.us <br />Section 5. Modification or Termination. <br />Covenants Coordinator <br />Washington State Department of Ecology <br />Toxics Cleanup Program <br />P.O. Box 47600 <br />Olympia, WA 98504-7600 <br />(360) 407-6000 <br />ToxicsCleanupProeramHO(c)ecv.wa.nov <br />a. Grantor must provide written notice and obtain approval from Ecology at least sixty (60) <br />days in advance of any proposed activity or use of the Property in a manner that is inconsistent <br />with this Covenant. For any proposal that is inconsistent with this Covenant and permanently <br />modifies an activity or use restriction at the site: <br />i. Ecology must issue a public notice and provide an opportunity for the public to <br />comment on the proposal; and <br />ii. If Ecology approves of the proposal, the Covenant must be amended to reflect the <br />change before the activity or use can proceed. <br />b. If the conditions at the site requiting a Covenant have changed or no longer exist, then the <br />Grantor may submit a request to Ecology that this Covenant be amended or terminated. Any <br />amendment or termination of this Covenant must follow the procedures in MTCA and UECA and <br />any rules promulgated under these chapters. <br />Section 6. Enforcement and Construction. <br />a. This Covenant is being freely and voluntarily granted by the Grantor. <br />b. Within ten (10) days of execution of this Covenant, Grantor shall provide Ecology with <br />an original signed Covenant and proof of recording and a copy of the Covenant and proof of <br />recording to others required by RCW 64.70.070. <br />C. Ecology shall be entitled to enforce the terms of this Covenant by resort to specific <br />performance or legal process. All remedies available in this Covenant shall be in addition to any <br />and all remedies at law or inequity, including MTCA and UECA. Enforcement of the terns of <br />this Covenant shall be at the discretion of Ecology, and any forbearance, delay or omission to <br />exercise its rights under this Covenant in the event of a breach of any term of this Covenant is <br />not a waiver by Ecology of that term or of any subsequent breach of that term, or any other term <br />in this Covenant, or of any rights of Ecology under this Covenant. <br />d. The Grantor shall be responsible for all costs associated with implementation of this <br />Covenant. Furthermore, the Grantor, upon request by Ecology, shall be obligated to pay for <br />