2015/01/21 Council Agenda Packet

2 P. The public will benefit from the Port's redevelopment of the PDO master plan with the features enhancing the public use and enjoyment of access to the shoreline and the addition of open space and parks. Q. The surrounding property will not be detrimentally affected by the changes to the PDO master plan. R. The changes to the WC PDO zone for this property bear a substantial relation to the public health and welfare. S. The changes to the WC PDO zone for this property promote the best long term interests of the Everett community. T. The proposed rezone meets all the criteria of the City's Zoning Code for PDO rezones. U. The proposed rezone will be implemented through an Amended and Restated Development Agreement that includes conditions, exhibits and standards which will be binding on all future uses and development within the Waterfront Place Central PDO master plan. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CIY OF EVERETT: Section 1. Section 2 of Resolution No. 5382, as amended by Section 1 of Resolution No. 5703, is hereby amended to approve amendments to the Development Agreement between the City of Everett and the Port of Everett in accordance with the attached Exhibit A, Amended and Restated Development Agreement, subject to all conditions therein and attachments thereto,which are incorporated herein by reference. . Section 2. The changes authorized by this approval shall be stated in detail in the Amended and Restated Development Agreement between the City of Everett and the Port of Everett, which the Mayor is hereby authorized to sign. Section 3. A copy of this Resolution, and a copy of the Amended and Restated Development Agreement shall be recorded with the Snohomish County Auditor's Office and shall be considered a covenant running with the land. All conditions of this Resolution and the Amended and Restated Development Agreement are binding upon the Port of Everett and their successors and assigns. 6