Laserfiche WebLink
4 <br /> MAY 10, 2013 DRAFT <br /> Other Agreements <br /> 11. Subordination Agreement dated May 14, 2008, and recorded under <br /> Snohomish County recording number 200805140931 ("Subordination Agreement"), by and <br /> among the City, OM, OMH INC, and Bank of America, N.A., a national banking association <br /> ("Bank of America"). <br /> 12. Development Agreement dated June 2, 2009, by and among the City and <br /> OMH and OM INC, a memorandum of which was recorded under Snohomish County recording <br /> number 200911050290 ("Development Agreement"). <br /> 13. Mitigation Easement (Replacement Mitigation Parcel E-3) dated on or <br /> about September 8, 2011, and recorded under Snohomish County recording number <br /> by and among the City, OM ]NC, and BNSF Railway Company <br /> ("Replacement Mitigation Easement"). <br /> 14. Subordination Agreement (Revised Mitigation Parcel E-1) dated on or <br /> about September 8, 2011, and recorded under Snohomish County recording number <br /> by and among the City, BNSF Railway Company and OM Entities <br /> ("Subordination Agreement—Revised Mitigation Parcel E-1"). <br /> 15. Subordination Agreement (Replacement Mitigation Parcel E-3) dated on <br /> or about , 2011, and recorded under Snohomish County Recording number <br /> by and among the City, BNSF Railway Company and OM Entities <br /> ("Subordination Agreement — Replacement Mitigation Parcel E-3") (the Subordination <br /> Agreement —Revised Mitigation Parcel E-1 and the Subordination Agreement — Replacement <br /> Mitigation Parcel E-3 are collectively referred to herein as the "Mitigation Easement <br /> Subordination Agreements"). <br /> 16. Additional Subordination Agreement(Replacement Mitigation Parcel E-3) <br /> dated on or about February 16, 2012, and recorded under Snohomish County recording number <br /> by and among the City, BNSF Railway Company, Bank of America and <br /> OM Entities ("Additional Subordination Agreement") (the.Subordination Agreement and the <br /> Additional Subordination Agreement are collectively referred to herein as the "BofA <br /> Subordination Agreements"). <br /> C. In addition,the City and the Department of Ecology("Ecology") are parties to the <br /> Consent Decree(Snohomish County Case No. 01-2-03640-6) entered April 2,2001, as amended <br /> by Amendment No. 1 to Consent Decree entered April 23,2008,with Ecology, OM INC, and the <br /> City as parties, including those Amended Environmental Covenants attached thereto as exhibits <br /> and separately recorded under Snohomish County Recording numbers 200805140921 and <br /> 200805140922 (collectively the "Consent Decree"). As described in the Consent Decree, the <br /> Consent Decree concerns certain property referred to herein as the "Landfill Property." In <br /> accordance with Section XIII.B of the Consent Decree, OM INC has notified Ecology of its <br /> intent to convey its portion of the Landfill Property to Polygon. <br /> D. The City has also issued a shoreline permit with respect to a portion of the <br /> Properties under SMA-009-001 (the"Shoreline Permit"). <br /> -3- <br /> 18 <br />