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City may enforce the Performance Bond and enter the Property for the completion of the <br /> Public Access Shoreline Improvements. <br /> C. Permit Condition. In addition to the requirement for Performance <br /> Bond, the City may include completion and dedication of the Public Access Shoreline <br /> Improvements in accordance with this Covenant as a condition to any Property Non-Water <br /> Development Permit. <br /> D. Use Restriction. The Easement Area may not be used for any <br /> purpose inconsistent with Public Access Shoreline Improvements. <br /> 3. Dedication of Public Access Shoreline Improvements. <br /> Within ninety(90) days after completion of improvements in accordance <br /> with this Covenant and the acceptance of such improvements by the City, Grantor shall, at <br /> no cost to the City, execute and deliver to the City such documents as may be necessary to <br /> demonstrate that the Public Access Shoreline Improvements are dedicated for public use <br /> and are City property. If the City has agreed under Section 2.A above that Public Access <br /> Shoreline Improvements may be constructed outside of the Easement Area, Grantor shall <br /> provide legal descriptions and drawings for a revised easement area that contains all of the <br /> Public Access Shoreline Improvements. The parties shall then fully execute and record an <br /> amendment to the Public Access Easement that so revises the Easement Area. In any <br /> event, the easement areas for shoreline trails will be within a shoreline corridor of 50 feet <br /> in width (or such wider width as may be required by the Department of Ecology), which <br /> corridor includes will include trail and buffer, but will not include any bulkhead. In <br /> addition,the shoreline permit issued for improvements under this Covenant will state usual <br /> and customary requirements for landscape within shoreline jurisdiction, including, for <br /> example, Grantor responsibility for landscape maintenance and monitoring for a period <br /> after dedication. At the time of dedication, the Grantor will provide the City with <br /> landscape assurance device(s) for such requirements reasonably acceptable to the City. <br /> The assurance device will be in a form and an amount as is usual and customary for <br /> landscape dedicated to the City. The City is responsible, effective upon dedication of the <br /> Public Access Shoreline Improvements to the City, to maintain the Public Access <br /> Shoreline Improvements within the Easement Area at the City's cost. <br /> 4. Covenant Term. This Covenant is perpetual. <br /> 5. Coordination with Public Access Easement / Termination of Public <br /> Access Easement. <br /> A. Change from Non-Water Dependent to Water Dependent Use. If <br /> after the date of dedication of the Public Access Shoreline Improvements, the Property use <br /> is changed from non-water dependent use to water dependent use, as "water dependent" is <br /> defined in Title 19 of the Everett Municipal Code or successor ordinance, then Grantor <br /> may, subject to Section 5.B below, terminate shoreline portions of the Public Access <br /> Public Access Covenant and Agreement Page 4 <br />