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<br />4 <br /> <br />of an AFR Use substantially as shown in the AFR Drawings and the revised Final <br />Development Plan and in accordance with applicable provisions of the Second <br />Amendment. Modifications to the Final Development Plan approved by the Planning <br />Director using the criteria for administrative modification of the Final Development Plan <br />as specified in the City’s Planned Development Overlay regulations as set forth in EMC <br />Chapter 19.29 shall be deemed to be “substantially as shown in the Final Development <br />Plan” as that term is used in this Section. The Planning Director shall have the sole <br />authority to determine if final site layout and building designs proposed for AFR Phase are <br />“substantially as shown in the AFR Drawings.” A decision to reject a plan or permit based <br />on not being “substantially as shown in the AFR Drawings” must not be arbitrary and must <br />be made in writing and supported by detailed findings. Second Amendment Section 5.2.2 <br />does not apply to the AFR Phase. However, if Developer proposes a design that is not <br />substantially as shown in the approved AFR Drawings, then such proposal will be subject <br />to Planning Director approval on the basis of whether the proposed design meets the <br />definition of an AFR Use, complies with the Design Guidelines, and provides at least the <br />level of quality represented by the AFR Drawings. A decision to reject a plan or permit <br />based on non-compliance with the preceding sentence must not be arbitrary and must be <br />made in writing and supported by detailed findings. <br />3. Park Project. The deadlines for the Eclipse Mill Park project and the First Phase Park <br />Project are as set forth in the Restated PDA, as amended. <br />4. Removal of PNW Riverfront LLC. For the Reasons set forth in Recital D above, PNW <br />Riverfront LLC is hereby removed as a party to the Development Agreement. <br />5. General Provisions. <br /> 5.1 Counterparts; pdf Signatures. This Addendum may be executed in more than one <br />counterpart, each of which shall be deemed an original, and all of which shall constitute one and <br />the same instrument. AdobeSign or other electronic or pdf signatures on this Agreement shall <br />constitute original signatures of the Parties. <br /> 5.2 Recording. Either party may arrange for the recording of this Addendum with the <br />Snohomish County Auditor's office, as necessary to disclose this Addendum on title documents <br />for the affected property. <br />6. Other. Except as expressly modified in this Addendum, the Second Amendment shall <br />remain in full force and effect. <br /> <br />EXHIBITS: <br />Exhibit A – Revised Attachment E-1: Final Development Plan <br />Exhibit B –AFR Drawings <br /> <br /> [Remainder of page intentionally left blank; signatures begin on following page]