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a.The public benefit of the specific project; <br />b.The extent to which the applicant has sought other funding sources; <br />c.The financial hardship to the project of paying the impact fees; <br />d.The impacts of the project on the park facilities and services; and <br />e.The consistency of the project with adopted city plans and policies related to <br />low-income housing. <br />4.An exemption granted under this subsection must be conditioned upon requiring the <br />applicant to record a covenant approved by the planning director to assure the project’s <br />continued affordability. At a minimum, the covenant must address price restrictions <br />and household income limits, and require that, if the property is converted to a use <br />other than as defined in the covenant, the property owner must pay the applicable <br />impact fees in effect at the time of any conversion. Covenants required by this <br />subsection must be recorded with the Snohomish County auditor. <br />Section 3. The following is provided for reference and may not be complete: <br />EMC Amended/Repealed <br />by this Ordinance Ordinance History of EMC Amended/Repealed by this Ordinance <br />EMC 19.53.110 (Ord. 3830-21 § 3, 2021.) <br />Section 4. The City Clerk and the codifiers of this Ordinance are authorized to make necessary <br />corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, <br />references, ordinance numbering, section/subsection numbers, and any internal references. <br />Section 5. The City Council hereby declares that should any section, paragraph, sentence, clause or <br />phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it <br />would have passed all portions of this ordinance independent of the elimination of any such portion as <br />may be declared invalid. <br />Section 6. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other <br />matter currently pending in any court or in any way modify any right or liability, civil or criminal, which <br />may be in existence on the effective date of this Ordinance. <br />Section 7. It is expressly the purpose of this Ordinance to provide for and promote the health, safety <br />and welfare of the general public and not to create or otherwise establish or designate any particular <br />class or group of persons who will or should be especially protected or benefited by the terms of this <br />Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance <br />is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing <br />contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability <br />on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any <br />action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by <br />its officers, employees or agents.