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5 <br /> 2. Later Change from Water Dependent to Non-Water Dependent <br /> Use. If after the date of Combined Easement Area termination, the Property use is changed <br /> from water dependent use to non-water dependent use, as "water dependent" is defined in Title <br /> 19 of the Everett Municipal Code or successor ordinance, then Port shall re-construct the former <br /> Parcel D Public Access Shoreline Improvements and re-dedicate them to the City for public use <br /> by an easement substantially in the form of the original Lot Easements. The City may condition <br /> Property Non-Water Development Permits on such re-construction and re-dedication. <br /> 5. Agreement Remains in Effect. <br /> Except as modified by this Amendment,the Agreement remains in full force and <br /> effect. <br /> [SIGNATURE PAGES FOLLOW] <br /> 4 <br /> 11 <br />