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5 <br />4. PARK DISTRICT DEVELOPMENT REQUIREMENTS <br />Development on the Property shall be subject to the following: <br />A. Park Areas and Community Garden. <br />(1) The Project shall include park areas of approximately 50,000 square feet <br />exclusive of right-of-way and consisting of three components. The components <br />shall be: an area between Fir Street and Hemlock Street flanked by building <br />development; an area between Hemlock Street and Poplar Street flanked by <br />building development and a new street; and an area south of 12th Street and <br />between Poplar Street and the property line that is the western Project <br />boundary. This park area is referred to in this Agreement as the “Park Areas.” <br />The Park Areas shall be included in the Final Development Plan. <br />(2) The Project shall include a community garden located in an area south of 12th <br />Street and between Poplar Street and the property line that is the western <br />Project boundary (the “Community Garden”). The Community Garden shall <br />be at least the size of the existing community garden on the Property. The <br />Community Garden shall be included in the Final Development Plan. <br />(3) The provision of the Park Areas shall be accomplished according to the phases <br />identified in the Park District Preliminary Development Plan Exhibit C.6.1, <br />unless otherwise proposed and approved in a Final Development Plan. A <br />portion of final landscaping in each Park Area may be provided in conjunction <br />with later development. <br />(4) Unless mutually agreed by the City and EHA by a writing specifically referencing <br />this subsection, the Park Areas and the Community Garden do not create any <br />credit against fees under chapter 19.53 EMC. <br />B. Rights of Way. With the adoption of the PDO Ordinance, the City Council also adopted a <br />vacation ordinance that vacates certain City rights-of-way for the Project. In exchange for <br />such vacation, the vacation ordinance requires that certain new rights-of-way within the <br />Project be dedicated by the EHA to the City for public use. The Final Development Plan <br />must provide for dedication of all such rights-of-way to the City during the first Project <br />Phase, unless otherwise agreed to in writing by the Planning Director. All dedications <br />must be by statutory warranty deed in a form acceptable to the Office of the City <br />Attorney. The City may withhold Project certificates of occupancy until all such new <br />rights-of-way are dedicated. <br />C. Mitigation Agreement <br />(1) EHA and City will execute and record the Interlocal Agreement Regarding <br />Mitigation of Park District Police and Fire Service Impacts in the form attached <br />to this Agreement as Exhibit C (the “Mitigation Agreement”) at the same time <br />that this Agreement is executed and recorded. No Project permit or other <br />approval will be issued by the City unless and until the Mitigation Agreement is <br />so executed and recorded.