Laserfiche WebLink
<br />PARK DISTRICT PDO ORDINANCE Page 6 of 7 <br /> <br />Further Considerations <br />AA. The City recognizes the importance of natural open space and is willing to partner with EHA and <br />other stakeholders to explore city acquisition of the wetland and natural area directly west of the <br />Project and to explore for an interpretive trail or viewpoint consistent with the wetland’s <br />environmental functions and values. <br />Based on the evidence in the record and having entered the foregoing Findings and Conclusions, <br /> <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> <br />Section 1. The City Council approves the Park District Planned Development Overlay (PDO) for the <br />Property as set forth in this ordinance and in attached Exhibits A.1, A.2, B, and C. <br /> <br />Section 2. The City Council approves and authorizes the Mayor to sign and execute the <br />Development Agreement in substantially the form as provided in attached Exhibit D. No Project permit <br />may be issued pursuant to the PDO or this Ordinance until the Development Agreement and the <br />Mitigation Agreement attached thereto are both duly executed by the parties and recorded with the <br />Snohomish County Auditor. <br /> <br />Section 3. The procedures for modification of the PDO and the Development Agreement are set <br />forth in the Development Agreement. <br /> <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 /> <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 /> <br />Section 7. 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