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RIVERFRONT ORDINANCE Page 2 <br />2.The proposed change to the Planned Development Overlay zone and Development Agreement, <br />and the resultant master plan for the Landfill site: <br />a.promote the best long term interests of the community and satisfy the criteria of <br />EMC 19.29.050.C and EMC 15.03.200, to the extent such provisions are applicable; <br />b.is consistent with the Everett Growth Management Comprehensive Plan; and <br />c.bears a substantial relation to the public health, safety and welfare, implement <br />conditions established in the original master plan and mitigation required in the revised <br />EIS, which mitigates potential adverse impacts upon existing and anticipated land uses <br />in the immediate vicinity of the subject property. <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1. The Second Addendum is approved and the Mayor is authorized to execute the Second <br />Addendum substantially in the form as provided in Exhibit 1. <br />Section 2. 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 3. 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 4. 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 5. It is expressly the purpose of this Ordinance to provide for and promote the health, <br />safety and welfare of the general public and not to create or otherwise establish or designate any <br />particular class or group of persons who will or should be especially protected or benefited by the terms <br />of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this <br />Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. <br />Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any <br />liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting <br />from any action or inaction on the part of the City related in any manner to the enforcement of this <br />Ordinance by its officers, employees or agents. <br />Section 6. The City Council public hearing on January 17, 2024, is deemed to satisfy any applicable <br />public hearing requirements under chapter 19.29 EMC. A copy of this Ordinance, and an executed copy <br />of the Second Addendum, shall be recorded with the Snohomish County Auditor's Office and shall <br />constitute a covenant running with the land. <br />// <br />// <br />//