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This Amendment to Public Amenities Dedication, Easement and Maintenance <br /> Agreement(this "Amendment"), dated for reference purposes as of January 1, 2024, and is <br /> entered into by and between the RIVERFRONT COMMERCIAL INVESTMENT L.L.C., <br /> a Washington limited liability company, RIVERFRONT PHASE 1 LLC, a Washington <br /> limited liability company, RIVERFRONT PHASE 2 LLC, a Washington limited liability <br /> company, RIVERFRONT PHASE 3 LLC, a Washington limited liability company, <br /> RIVERFRONT PHASE 4 LLC,a Washington limited liability company,RIVERFRONT <br /> GROCER LLC, a Washington limited liability company, and RIVERFRONT THEATER <br /> LLC, a Washington limited liability company (collectively,the"Grantor"or <br /> "Developer"), and the CITY OF EVERETT, a Washington municipal corporation(the <br /> "City" or"Grantee"). <br /> RECITALS <br /> A. The Developer(as successor-interest) and City are parties to the Public <br /> Access Amenities Dedication,Easement and Maintenance Agreement, dated December 15, <br /> 2015, and recorded under Snohomish County recording number 200805140863 (the <br /> "Original Amenities Agreement"). <br /> B. The Developer and the City are parties to the Amended and Restated <br /> Property Disposition Agreement dated as of May 17, 2019, as amended ("Restated <br /> PDA"). The Developer and the City are parties to the Development Agreement dated June <br /> 2, 2009, as amended (as amended,the "Amended DA"). <br /> C. The Original Amenities Agreement concerns the entire Riverfront <br /> development, as legally described in Exhibits A and B to the Original Amenities <br /> Agreement. Developer is owner of the Landfill Pad(as defined in the Amended DA) and <br /> certain other Riverfront property, all as legally described in Exhibit A to this Amendment <br /> (the"Developer Property"). <br /> D. The purpose of this Amendment is to update the Original Amenities <br /> Agreement for the Developer Property, to bring it up-to-date with the Restated PDA and <br /> the Amended DA. Capitalized terms herein are as defined in the Original Amenities <br /> Agreement. <br /> AGREEMENT <br /> NOW THEREFORE, for and in consideration of the mutual promises as stated <br /> herein and for other good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged, Developer and the City agree as follows: <br /> 1. Public Park. The Parties acknowledge that the Park Site has been conveyed <br /> to the City and is currently owned by the City. Neither party has any further obligations <br /> under Section 1 of the Original Amenities Agreement. Developer has agreed to make <br /> 2 <br />