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A. "Water Dependent Use"means a use that is a"water dependent"use, as <br /> "water dependent"is defined in Title 19 of the Everett Municipal Code or successor ordinance. <br /> B. "Non-Water Dependent Use"means a use that is not a`water dependent" <br /> use, as `water dependent"is defined in Title 19 of the Everett Municipal Code or successor <br /> ordinance. <br /> C. "Property Non-Water Development Permit"means any City-issued <br /> permit for development of Lot 2 or Lot 3 for Non-Water Dependent Use, including without <br /> limitation permits such as shoreline permits,building permits and grading permits. <br /> D. "First Property Non-Water Development Permit"means the first <br /> Property Non-Water Development Permit issued after the date of the Agreement. <br /> E. "Parcel D Public Access Shoreline Improvements"means an eight-foot <br /> wide shoreline trail constructed in accordance with the Trail Requirements connecting from the <br /> North Viewpoint to the Central Viewpoint,with a split rail fence on the Snohomish River side of <br /> the trail, separating the trail from adjacent buffer. <br /> 2. Construction of Parcel D Public Access Shoreline Improvements/Use <br /> Restriction <br /> A. Construction and Deadline. Port agrees and covenants to construct the <br /> Parcel D Public Access Shoreline Improvements in accordance with this Amendment no later <br /> than [twenty(24)months after issuance of the First Property Non-Water Development Permit]. <br /> Unless otherwise approved by the City(which approval may be withheld at the City's sole <br /> discretion and which approval must reference this Section 2.A in order to be effective), the <br /> Parcel D Public Access Shoreline Improvements shall be completely within the Combined <br /> Easement Area. Port shall construct the Parcel D Public Access Shoreline Improvements so that <br /> the Parcel D Public Access Shoreline Improvements provide for connection to public access <br /> improvements on neighboring lots,to provide for continuity and avoid dead-ends. <br /> In addition to the Parcel D Public Access Shoreline Improvements, Port shall <br /> simultaneously construct the buffer and landscaping surrounding the Parcel D Public Access <br /> Shoreline Improvements in accordance with applicable shoreline permit requirements. In <br /> general, the buffer must be a minimum 50 foot wide strip along the entire shoreline, and must <br /> contain trees, shrubs and other plantings by Port as specified by the City. A schematic sketch of <br /> the buffer and the Parcel D Public Access Shoreline Improvements is attached as Exhibit A. <br /> Additional information regarding the required buffer is available from the City of Everett <br /> Planning Department. <br /> B. Use Restriction. The Combined Easement Area may not be used for any <br /> purpose inconsistent with Parcel D Public Access Shoreline Improvements. <br /> 3. Dedication of Public Access Shoreline Improvements. <br /> Within ninety(90) days after completion of Parcel D Public Access Shoreline <br /> Improvements in accordance with this Amendment and the acceptance of such improvements by <br /> 2 <br />