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AMENDMENT NO. 1 <br /> TO <br /> RIVERSIDE BUSINESS PARK <br /> PUBLIC ACCESS AGREEMENT <br /> THIS AMENDMENT NO. 1 TO RIVERSIDE BUSINESS PARK PUBLIC <br /> ACCESS AGREEMENT (this "Amendment") is dated for reference purposes <br /> f 4,-0 /j , 201K and is entered into by and between the PORT OF EVERETT, a <br /> port district organized under the laws of the State of Washington (the "Port"), and the CITY OF <br /> EVERETT, a Washington municipal corporation(the "City"). <br /> RECITALS <br /> A. The City and Port are parties to the Riverside Business Park Public Access <br /> Agreement dated Out vket' Z , 201/8 tthe"Agreement"), concerning public access <br /> improvements at Riverside Business Park. All capitalized terms in this Amendment are as <br /> defined in the Agreement. <br /> B. In connection with the Agreement, the parties recorded Lot Easements against <br /> Lot 2 and Lot 3 under Snohomish County recording numbers 201601140208 and 201601140209, <br /> which created a 16 foot wide easement area within the 50-foot buffer along the Snohomish <br /> River. For the purposes of this Amendment, the combined easement areas of the Lot 2 and Lot 3 <br /> Lot Easements are referred to as the"Combined Easement Area." <br /> C. The Port has recorded a boundary line adjustment under Snohomish County <br /> recording number 9t r7 C t I 1 O��r (the "2016 BLA"), which, among other things, <br /> removed the 50-foot shoreline buffer from Lot 2 and Lot 3 and created a new Parcel D. The <br /> Combined Easement Area is within this new Parcel D. <br /> D. The Port and City have agreed that the Port will construct public access shoreline <br /> improvements within the Combined Easement Area. In connection with this, the City will <br /> terminate the Lot Covenants for Lot 2 and Lot 3. <br /> E. Accordingly, the purpose of this Agreement is to formalize the City and Port's <br /> agreements regarding Lot 2, Lot 3, and Parcel D. <br /> AGREEMENT <br /> FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of <br /> which are hereby acknowledged,the parties agree as follows: <br /> 1. Definitions <br /> In addition to terms defined elsewhere in the Agreement, the following terms are <br /> defined for this Amendment as follows: <br /> 1 <br />