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• <br /> • <br /> Exhibit D <br /> DEVELOPMENT AGREEMENT <br /> THIS AGREEMENT is entered into this_ais day of AL .Lè 2006, by and <br /> between Fountain Place, LLC, Alan Clark, Manager, Colman Building, 91 Marion Street, <br /> Seattle, Washington 98104 (hereafter termed, "The Company"), and the City of Everett, a <br /> municipal corporation under the laws of the State of Washington (hereinafter"City"). <br /> RECITALS <br /> A. The Company owns approximately 1.5 acres of real property(Exhibit A) on the <br /> east side of 19th Avenue SE, south of 116th Street SE (hereafter"Property"). Upon <br /> implementation of this Agreement the zoning will be B-2 (Community Business) subject to use <br /> limitations, site configuration and building appearance subject to depictions and agreements <br /> found herein. <br /> The Company's interest is to provide a mixed use commercial, office, residential <br /> structure with under ground and surface parking. The Company herein states, as evidenced by <br /> willingness to sign this Agreement, that The Company officials in general and Mr. Clark <br /> specifically, have examined all details of the financial implications of this Agreement and herein <br /> states his and the company's willingness make every effort to follow through with these <br /> commitments with only minor changes, as defined herein, being contemplated. The City agrees <br /> the community would benefit from such an action at this location, provided conditions found <br /> herein are met. <br />