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201803290404.002 <br /> USE RESTRICTION AND OPERATIONS COVENANT AND AGREEMENT <br /> THIS USE RESTRICTION AND OPERATIONS COVENT AND <br /> AGREEMENT (this "Covenant") is dated as of fe iZv `l 15, tie `Effective <br /> Date"), between the CITY OF EVERETT, a Washington municipal corporation ("City" <br /> or "Grantee"), and ARCHDIOCESAN HOUSING AUTHORITY, a Washington non- <br /> profit corporation d/b/a Catholic Housing Services of Western Washington("Developer" <br /> or "Owner" or "Grantor") This Covenant is made as a condition of, and as part of the <br /> consideration for, the transfer of the land described below to Owner by the City and is <br /> made pursuant to the Property Disposition Agreement between Owner and the City dated <br /> 139-0 A- - 15, 2018,as the same may be amended(the"Disposition Agreement") <br /> RECITALS <br /> A The real property that is the subject of the Disposition Agreement and this <br /> Covenant is located at 620012th Drive SE in Everett,Washington and is legally described <br /> in Exhibit A attached hereto(the"Property") The City is owner of real property adjacent <br /> to the Property <br /> B. City and Owner are parties to the Project Construction Covenant dated <br /> 9 --`1 (S, 2018, which governs the construction of the Project (as defined <br /> therein)on the Property(the"Project Construction Covenant") <br /> AGREEMENT <br /> NOW,THEREFORE, in consideration of the foregoing and of the conveyance of <br /> the Property, Owner and City hereby agree as follows, and Owner hereby grants, agrees <br /> to, and imposes upon the Property the following covenants and restrictions <br /> Section 1 Supportive Housing Facility Use Restrictions and Requirements <br /> 1 1 Supportive Housing Facility Except as otherwise provided by a Substitute <br /> Approved Management and Operations Plan approved by the City in accordance with <br /> Section 10, use of the Property is restricted to the construction, operation, and <br /> maintenance of a Supportive Housing Facility in accordance with this Covenant All <br /> other Property uses are prohibited "Supportive Housing Facility" means a multiple- <br /> family dwelling on the Property that provides, in accordance with an Approved <br /> Management and Operations Plan (as defined below) and all other provisions of this <br />