1205 CRAFTSMAN WAY HERITAGE MARINE ELECTRICAL 2022-01-14

9. Waterfront Place Central will recognize the district functions of the Central Marina area (an intensive mix of uses including the marina activities, boat sales and repair, restaurants, public access and recreation and other compatible mixed -uses) through an almost completely new combination of buildings, improvements, expanded marina facilities, public walkways and open space that creates a new public gathering place, a recreational boating destination and a residential and commercial mixed use district. 10. The City and Port agree that utilization of the planned development overlay ("PDO") process continues to be the most appropriate for a large-scale project with a complex mixture of uses and with the long-term effects that the development represents. 11. Consequently, the Port filed a PDO modification with the City in accordance with Chapter 19.41.160.D of the Everett Municipal Code ("EMU), for the purposes of modifying the PDO adopted in 2005 by the City Council. On August 15, 2014, the Port provided a revised complete 'application to the City. The purpose of a PDO zone is to allow for: "...development that is innovative or otherwise beneficial to the community but which does not strictly comply with the provisions of the zone in which the property is located. This mechanism... is intended to promote high quality developments which benefit the city more than would a development which complies with the specific requirements of this title, while allowing greater flexibility in the design of such developments." EMC 19.29.010 12. Waterfront Place Central is proposed to be implemented through the PDO designation and the issuance of the necessary permits for construction. 13. The Port has structured a process, under the PDO as revised for Waterfront Place Central, wherein this Agreement and associated conceptual Site Plan (Exh� describe the fundamental location of structures, features and themes to be used in the design of improvements to be developed and incorporated into the Property. This Agreement outlines the review procedure to be used as more detailed designs become available and requires that such review take place before issuance of building permits for individual project elements. 14. This Agreement sets forth the mitigation measures, development standards and guidelines through which the Port intends to develop the Property in an innovative manner, which will be beneficial to the community. The intent is to provide for a high quality development, which will benefit the City more than would a development strictly in accordance with the underlying zoning standards. The public will be benefited by the establishment of development standards together with the implementation of mitigation measures through the planned development overlay process. 15. This Agreement is entered into pursuant to RCW 36.70B.170, .180 and .190. This Agreement replaces and supersedes the 2005 Development Agreement in its entirety. The intent of the parties is to describe in this Agreement the development standards and other provisions that shall apply to, govern and vest the redevelopment and use of the development 2 1 P a g e