Resolution 5871 - Laserfiche WebLink

Neighborhood Development (LEED-ND) Silver certification level requirements and criteria proposed by the U.S. Green Building Council dated September 6, 2005, a copy of which is attached hereto as Exhibit M (the "Current LEED Rating System"). OM will use its best efforts to obtain the LEED Silver certification as soon as reasonably possible under the Current LEED-ND Rating System. OM's failure to incorporate the elements necessary to meet the Silver level certification requirements and criteria under the Current LEED Rating System shall be deemed to be a reasonable basis for the City to withhold any consent or approval required by this Agreement or under any Development Permit to the extent the City reasonably believes that the consent, approval or permit as proposed by OM fails to include necessary LEED-ND elements and criteria as contemplated under this Agreement. Any disagreement as to whether a consent, approval or permit has been appropriately withheld by the City because of an alleged failure to include LEED-ND elements shall be promptly considered by the Steering Committee pursuant to Section 19.11 below and shall be subject to mandatory mediation pursuant to Section 19.12 below. In addition to the foregoing, OM shall require and cause all new electrical distribution lines within the Development to be placed underground. The foregoing shall not require that the high power lines supported by the existing towers be placed underground. 16.6 Dedication, Use and Maintenance of Public Amenities At Closing, OM will dedicate to the City certain areas within the City Property as depicted in Exhibit I for the construction use and maintenance of approximately 2.3 miles of public trails, a parcel of land for the City's future development of a public gathering space that includes a minimum of three (3) acres that is useable for as an active park, and other related uses and improvements and will grant certain wetland conservation easements to the City intended to protect and preserve the wetland areas on the City Property. Fee ownership wetland areas may be subsequently reconveyed to the City by OM when and if the conveyance can be accomplished in compliance with applicable laws. The City and OM will also enter into a Dedication, Easement and Maintenance Agreement in substantially the form attached hereto as Exhibit J to describe and provide for such conveyances and the related improvement, maintenance and repair obligations consistent with this Agreement. OM will also agree in the Dedication, Easement and Maintenance Agreement to, among other things, (i) cooperate with, and accommodate, the planned street car or public transportation connection system anticipated by the City to link the Development with the CBD and waterfront areas; (ii) allow public use of the parking areas on the Landfill Site in area(s) reasonably acceptable to OM and the City for persons using and visiting the adjacent wetland and riverfront areas, trails and other public amenities and improvements; and (iii) dedicate the Main Road, and the related Wet and Gas Utilities to the City. The City, for its part, will agree, among other things, to (i) maintain and repair the trail system within the Development except for those portions of the trail located in the areas immediately adjacent to the retail areas on the Landfill Site, which shall be maintained by OM or its designee, and (ii) maintain and repair the Main Road back of curb to back of curb. The Dedication, Easement and Maintenance Agreement will be recorded with the real property records for Snohomish County. The City may condition its issuance of any consent or approval required under this Agreement on OM having complied with the Dedication, Easement and Maintenance Agreement. All persons holding liens against the City Property at the time of its recording must agree to subordinate their interests to the Dedication, Easement and Maintenance Agreement. The Dedication, Easement and Maintenance Agreement is not intended to limit any of the mitigation requirements that may be required in connection with Development Review. -31- 06107-0063'LEGA L 13023969 I