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will be above 45 feet. The Workman's Clock Tower will not exceed 75 feet and will not be <br /> more than 10 feet taller than the building surrounding it. <br /> 27. Non-water dependent and non-water related uses, such as retail, commercial and office, will <br /> be allowed within the 200 foot shoreline area. Residential uses shall not be allowed within <br /> the 200 foot shoreline area until or unless the Shoreline Master Program is amended and <br /> approved by the State of Washington Department of Ecology. <br /> 28. The dry boat storage building will use materials and architectural details which will reduce <br /> the perceived scale of the building and make it compatible with the architecture of the new <br /> buildings within the project. <br /> 29. The dry boat storage building will be set back 140 feet from the shoreline, the height of the <br /> building within the 200 feet shoreline jurisdiction shall be 35 feet or less, and the dry storage <br /> portion of the building will not exceed 140 feet wide and overall length less than 400 feet. <br /> Any increase in these dimensions, other than setback, will be reviewed by the Planning <br /> Commission and City Council. Portions of the building used for ancillary boat repair and <br /> services may exceed the 140 feet width dimension but will not exceed 35 feet in height. <br /> 30. The hours of operation of the dry boat storage facility will be 7 AM to 7 PM, seven days a <br /> week. <br /> 31. The transient moorage dock along the Snohomish River in the existing marina and the <br /> proposed new marina transient moorage will be open to the public at all times. <br /> 32. Rooftop appurtenances will be integrated into the architecture of the building and will be <br /> limited to vents, HVAC and elevator equipment, stair enclosures for roof access, parapets, <br /> and cornices or other architectural termination, guardrails/railings, skylights,and planters._ <br /> 33. Any mechanical / air conditioning /HVAC equipment in new buildings will not increase the <br /> noise levels to affect residents on the bluff above the project. <br /> 34. The Port shall provide dedication of an easement to the public or other device acceptable to <br /> the City Attorney, to ensure that the spaces listed on the open space plan as "semi-public <br /> open space" in Exhibit 6 will remain open during daylight hours from at least dawn to dusk. <br /> 35. The Port shall be responsible for proactive enforcement of all sign regulations within the <br /> Property, consistent with the terms of this Agreement and its exhibits. Solely for purposes of <br /> the sign standards of this Agreement and their enforcement, all streets within and abutting the <br /> Property shall be considered public streets. The City shall have the discretion to enforce the <br /> sign standards of this Agreement as allowed by the Everett Municipal Code in the event the <br /> Port fails to enforce such standards. The Port, on behalf of itself and on behalf of all of its <br /> successor-in-interest to the Property, consents to such City enforcement. <br /> 36. Development shall be in accordance with all Exhibits attached. <br /> 16I Page <br />