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b. If the Lot 9 Access Road exists, the Public Access <br /> Improvements need only include a sidewalk abutting the Lot 9 Access Road, so long as <br /> such sidewalk connects from Access Tract B and Lot 9. Construction requirements for <br /> sidewalks are contained in City of Everett Design and Construction Standards <br /> Specifications for Development# 306, except that sidewalks must be 10 feet wide and <br /> must have a 2-foot buffer on the street side and a 2 foot buffer on the non-street side, with <br /> the buffers providing at least 2-feet of clearance from utility improvements (such as, for <br /> example, fire hydrants). <br /> Grantee shall construct the Public Access Improvements so that the Public Access <br /> Improvements provide for connection to public access improvements on neighboring lots, <br /> to provide for continuity and avoid dead-ends. <br /> 3. In addition to the Public Access Improvements, Grantor shall <br /> simultaneously construct shoreline buffer and landscaping in accordance with applicable <br /> shoreline permit requirements. In general, the buffer must be a minimum 50 foot wide <br /> strip along the entire shoreline, and must contain trees, shrubs and other plantings by <br /> Grantor as specified by the City. Additional information regarding the required buffer is <br /> available from the City of Everett Planning Department. <br /> C. Performance Bond. Grantor acknowledges and agrees that the City may, <br /> unless the Public Access Improvements are already completed, refuse to issue any Property <br /> Development Permit unless Grantor has delivered to the City a Performance Bond for the <br /> completion of the Public Access Improvements. The Performance Bond must remain in <br /> effect until the completion of the Public Access Improvements. If the Performance Bond <br /> will expire prior to the completion of the Public Access Improvements, then at least ninety <br /> (90) days prior to the date of such expiration Grantor shall substitute the Performance <br /> Bond with another Performance Bond meeting the requirements of this Covenant and <br /> deliver evidence thereof to the City. Failure to substitute the Performance Bond and <br /> deliver such evidence by such date shall, among other defaults, constitute a default for <br /> which City may immediately enforce the entire existing Performance Bond. If the Public <br /> Access Improvements are not completed in accordance with this Covenant within twenty- <br /> four(24) months after the issuance of the First Property Development Permit,then the City <br /> may enforce the Performance Bond for the completion of the Public Access Improvements. <br /> D. Permit Condition. In addition to the requirement for Performance Bond, the <br /> City may include completion and dedication of the Public Access Improvements in <br /> accordance with this Covenant as a condition to any Property Development Permit. <br /> E. Use Restriction. The Easement Area may not be used for any <br /> purpose inconsistent with Public Access Improvements. <br /> 3. Dedication of Public Access Improvements. Within ninety(90) days after <br /> completion of the Public Access Improvements in accordance with this Covenant and the <br /> acceptance of the Public Access Improvements by the City, Grantor shall, at no cost to the <br /> Public Access Covenant and Agreement Page 4 <br />