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number 201601140209 (the "Public Access Easement"). As set forth therein, the Public <br /> Access Easement dedicates an easement for public access over a portion of the Property <br /> (such portion, the "Easement Area"). <br /> C. Grantor and Grantee have agreed that, if the Property is developed for use <br /> that is not a "water-dependent" use as such term is defined in Title 19 of the Everett <br /> Municipal Code or successor ordinance, certain public access improvements will be built <br /> on the Property within the Easement Area at no cost to the City and dedicated to the City <br /> for public use. The purpose of this Covenant is to formalize that agreement, under the <br /> terms and conditions as set forth herein. <br /> D. This Covenant runs with the land. Grantor enters into this Covenant on <br /> behalf of itself and behalf of its successors-in-interest to the Property. <br /> E. Grantor and Grantee entered into the Public Access Covenant and <br /> Agreement dated December 28, 2015, and recorded under 201601140237 (the "Old <br /> Covenant"). For purposes of clarity,the parties have decided to replace and supersede <br /> entirely the Old Covenant with the amended and restated Covenant hereunder. <br /> AGREEMENT <br /> In consideration of the mutual promises set forth herein, and for other good and <br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br /> Grantor and Grantee hereby covenant and agree as follows: <br /> 1. Definitions <br /> In addition to terms defined elsewhere in this Covenant, the following terms <br /> are defined for this Covenant as follows: <br /> A. "Water Dependent Use"means a use that is a "water dependent" <br /> use, as "water dependent" is defined in Title 19 of the Everett Municipal Code or successor <br /> ordinance. <br /> B. "Non-Water Dependent Use" means a use that is not a"water <br /> dependent" use, as "water dependent" is defined in Title 19 of the Everett Municipal Code <br /> or successor ordinance. <br /> C. "Property Non-Water Development Permit" means any City-issued <br /> permit for development of the Property 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 this Covenant. <br /> Public Access Covenant and Agreement Page 2 <br />