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AMENDED AND RESTATED DEVELOPMENT AGREEMENT <br />THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (thus <br />"Agreement") is entered into on. this 21't day of January 2015, by and between the Port of Everett, a. <br />Washington Port District. (hereinafter the "Port") and the City of Everett, a municipal corporation <br />under the laws of the State of Washington (hereinafter the "City"). <br />RECITALS <br />1. The Pori is the owner of property located in the City's central harborfront area containing <br />:approximately 119.62 acres of uplands and water., the legal description of which is contained <br />in Section 2.2 (the " Property"): <br />2. The Property includes the central portion of the Port's existing Marina, including the Central <br />Marina water area and buildings leased to the Everett Yacht Club and Milltown Sailing Club,, <br />and Port `operated boat Haul -out and washdown facilities, 'boat repair. work yards, and <br />'maintenance shop, impound yard., and net shed. <br />3. In 2005, the Port wished to develop -the Property as the North Marina Redevelopment Project <br />('1NNMP"). The NMRP planned development -overlay was approved by the City in 2005; <br />along with the Development, Agreement by and between the City and the Port dated <br />.December 29, 2095 (!hp "200,5 Deyelopnte xt Agreeaiaeni" ). The NNiKP wa$ a multi -district, <br />multi -phase .master planned effort to create a new mi ed-use development on the site. <br />4. Because of economic ch:cumstances, the Port has revised. the NMRP. As revised, the NNW <br />is renamed W.Oerfroiit Place Central. <br />5. Accordingly, the Port desires to modify the 2005 .planned development overlay and the 2005 <br />Development Agreement in accordance with its Waterfront Place Central plans. <br />6. Waterfront Place Central maintains the heights and densities approved by the City Council in <br />2005. <br />7. The Waterfront Place Central is consistent with and would implement the goals and policies <br />of the Everett Comprehensive Plan. <br />S. Waterfront Place Central is consistent with the Port's Comprehensive Schemo of Harbor <br />Improvements and Pott Resolution No. 994. <br />