Everett Housing Authority 9/3/2024

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