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WHEREAS,the Zoning Code provides for use of Development Agreements to help the City and <br /> public to ensure that proposed rezones can be linked to specific projects that are acceptable in <br /> function and appearance to the City Council and the public; and <br /> WHEREAS, the conditions and restrictions contained in the Draft Development Agreement are <br /> consistent with the recommendation of the Hearing Examiner; and <br /> WHEREAS,the City Council adopts the findings and conclusions of the Hearing Examiner for <br /> Rezone #07-001 dated June 6. <br /> NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Zoning Map amended. The official zoning map of City of Everett established <br /> by Section 2.020 of Ordinance No. 1671-89, as amended, is hereby amended from "C-1R"to "C- <br /> 1" for the subject property, which is legally described in the attached "Exhibit A" and is shown <br /> graphically in"Exhibit B." <br /> Section 2. Development Agreement. That the rezone action as described herein shall be <br /> implemented through the execution of the Development Agreement attached hereto as Exhibit <br /> "B", and incorporated herein by reference. The Mayor is hereby authorized to sign the <br /> Development Agreement. <br /> Section 3. Severability. Should any section, paragraph, clause or phrase of this Ordinance, <br /> or its application to any person or circumstance, be declared unconstitutional or otherwise invalid <br /> for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or <br /> regulations, this shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to other persons or circumstances. <br /> Section 4. Conflict. In the event there is a conflict between the provisions of this Ordinance <br /> and any other City ordinance, the provisions of this Ordinance shall control. <br /> Section 5: Corrections. The City Clerk and the codifiers of this Ordinance are authorized to <br /> make necessary corrections to this Ordinance including, but not limited to, the correction of <br /> scrivener's/clerical errors, references, ordinance numbering, section/subsection number and any <br /> references thereto. <br /> 2 <br />