Riverfront Commercial Investment PNW Riverfro 5/14/2019 Amendment 2

1 i i 1 1 Tables at Chapter 19:5 Everett Municipal Code (DAC) as`they exist at the time of the of which is included in Attachment K to the original Development Agreement, a copy Standards for the R1Yer�nt Development Agreement,as modified by the Everett zoning Project described below. 'W' the jurisdiction of the Shoreline Planned Development er the uses permitted on the giverfront Properfiy must Management Act,Chapter90.58RCS, also be allowed in the Shoreline Overlay District as set forth in the Shoreline Use Table at Elv1C 1933D.'100 as it exists at the time of this Agreement,a copy of which is included at tachmenx K to the Development dement 5.2 Develo erI'sa ertv Use Restriction. no to the contrarY in this 5.2.1 firsase.t PhNotwithstandingY aorto issuance of aPartial Agreement,the sole permitted use of the First Phase Property P Certifioate:of Completion for the First Phase is as follows:-development onthe First pbaoe of the Fust Phase of the Itiverfmas nt Project substantiallywiths Drawing and Attachment E-1 Page and in accordance e(Final Development Plan) y this Agreement Modic ons to Attachment E-1 Page 2{Final,Development Plan) , approved by the Planning Director using the criteriafor ads-rinds-native e modification of the Final Development Plan as specified in the Csly's Planned Development Overlay , regulations as set forth in AMC Chapter 1929 shall be deemed to be "sutbstantiallY as shown in Attachment E-1 Page 2 (Final Development Plan)"as that term is used in this ermine if final-site layout etI Section. The Planning Director shall have the sole authority to determine shown in the First Phase and building designs proposed forFirst Phase are ted�"substantially�$"substantially as shown '`A decisionto reject a:plan or persue Q and Drawings.' Drawings' must not be arbitrary and must be made in wring . in the First Phase supported by detatlled findings. tnaazy this 5.2.2 �marnln a Phases. Notwithstandingr'anythinget torethe bytr a Partial permitted use of Developer Property not y Agreement,the sole ofaon of Elie R tverfront 1 Certificate of Completion is as follows:development and Development then) and Project substantially as shown in Attachment E-I Page 2 al to the Attachment and with a consistent level of quality as the First Phase. Modifications a Director using the criteria for Page 2(Final Development Plan)approved by the Planninb administrative modification of the Attachment E-1 Page 2 (Final Development Plan) as specified in the'City's Planned Development Overlay regulations as set forth in EMC 1 as shown in Attachment E-1 Page 2 Chapter 19.29 shall be deemed to be"substantially shall have the sole authority' to � (Final Development Plan)." The ?totaling each Remaining Phase,inducting , determine if site layout and building designs proposed in writs or other but not limited to.site plan review,shoreline•permits,building permits,sign Pe permits required by E the Everett Municipal Code or State law,are consistent with(or greater Drawings and the desigl guidelines than) the quality represented in First Phase ; incorporated as Attaebment G to this Agreement.ThePlanningDirector is directed to t for any building,improvement or structure that does not provide at least the'design .fie First Phase Drawings and the design guidelines 'level of qu�3'represented by rejectecision to a plan or permit based on such incorporated in Attachment G. d must made in writing and supported by detailed inconsistency must not be arbitrary an findings. 5