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T <br /> I <br /> 9. Waterfront Place Central will recognize the district functions of the Central Marina area (an <br /> intensive mix of uses including the marina activities, boat sales and repair, restaurants,public <br /> access and recreation and other compatible mixed-uses) through an almost completely new <br /> combination of buildings, improvements, expanded marina facilities, public walkways and <br /> open space that creates a new public gathering place, a recreational boating destination and a <br /> residential and commercial mixed use district. <br /> 10. The City and Port agree that utilization of the planned development overlay ("PDO")process <br /> continues to be the most appropriate for a large-scale project with a complex mixture of uses <br /> and with the long-term effects that the development represents. <br /> 11. Consequently, the Port filed a PDO modification with the City in accordance with Chapter <br /> 19.41.160.D of the Everett Municipal Code("EMC"), for the purposes of modifying the PDO <br /> adopted in 2005 by the City Council. On August 15, 2014, the Port provided a revised <br /> complete application to the City. The purpose of a PDO zone is to allow for: <br /> "...development that.is innovative or otherwise beneficial to the community but <br /> which does not strictly comply with the provisions of the zone in which the <br /> property is located. This mechanism...is intended to promote high quality <br /> developments which benefit the city more than would a development which <br /> complies with the specific requirements of this title, while allowing greater <br /> flexibility in the design of such developments."EMC 19.29.010 <br /> 12. Waterfront Place Central is proposed to be implemented through the PDO designation and <br /> the issuance of the necessary permits for construction. <br /> 13. The Port has structured a process, under the PDO as revised for Waterfront Place Central, <br /> wherein this Agreement and associated conceptual Site Plan (Exhibit 1) describe the <br /> fundamental location of structures, features and themes to be used in the design of <br /> improvements to be developed and incorporated into the Property. This Agreement outlines <br /> the review procedure to be used as more detailed designs become available and requires that <br /> such review take place before issuance of building permits for individual project elements. <br /> 14. This Agreement sets forth the mitigation measures, development standards and guidelines <br /> through which the Port intends to develop the Property in an innovative manner, which will <br /> be beneficial to the community. The intent is to provide for a high quality development, <br /> which will benefit the City more than would a development strictly in accordance with the <br /> underlying zoning standards. The public will be benefited by the establishment of <br /> development standards together with the implementation of mitigation measures through the <br /> planned development overlay process. <br /> 15. This Agreement is entered into pursuant to RCW 36.70B.170, .180 and .190. This <br /> Agreement replaces and supersedes the 2005 Development Agreement in its entirety. The <br /> intent of the parties is to describe in this Agreement the development standards and other <br /> provisions that shall apply to, govern and vest the redevelopment and use of the development <br />