Resolution 5871 - Laserfiche WebLink

Property in accordance with the Development Plan or to prohibit or restrict the leasing of any part or parts of the buildings or structure when said improvements are completed or to prohibit or restrict the preleasing of any part or parts of the structures so long as the lessee shall obtain no rights under this Agreement and that any right to occupy the structures prior to the City having approved of a Minimum Retail Element proposal shall be terminable by the City; and (iii) take any action with respect to the adjustment or consolidation of any property lines without the prior consent of the City, which consent will not be unreasonably withheld. Nothing herein contained shall be deemed to prohibit OM from contesting the validity of any or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to OM in respect thereto; provided, however, that prior to commencing any such contest the City, in its reasonable discretion, may require OM to post bond in an amount sufficient to cover the tax, assessment, encumbrance or lien, or such portion thereof to be contested. OM covenants not to commence construction of any residential structures on the City Property unless and until OM imposes design guidelines and requirements on the City Property that reflect the high quality urban environmentally sensitive nature of the Development and are otherwise consistent with the Development Plan, which guidelines are reasonably acceptable to the City and may not be materially changed without the consent of the City. 16.10 City Commitments and Covenants The City shall undertake the timely review of the Development Permits within its jurisdiction upon receipt of complete applications from OM and will update OM on the status of its review of all such Development Permits, all in accordance with the City's normal and established procedures, practices and policies. Where submittal of permits or applications by OM to the City or any other agency require the assistance of the City or supply of information from the City concerning the City Property, the City shall use reasonable and diligent best efforts to assist OM. If the City approves OM's proposal for a Planned Development Overlay Master Plan rezone ("PDO"), then the City and OM shall promptly enter into a written agreement (the "Rezone Development Agreement") consistent with Chapter 29 of the Everett Zoning Code and Chapter 36.70B RCW addressing, among other things, the vesting of the Development to the regulations and development standards then in effect. Without limiting any of the foregoing, and in addition to the covenants of the City set forth elsewhere in this Agreement, the City specifically agrees: (i) The City shall act as "lead agency" in those instances where it is required to do so. (ii) The City shall assist in obtaining any necessary amendments or modifications to the Consent Decree as provided in the Environmental Indemnification and Landfill Agreement, including assistance in obtaining a Consent Decree Assurance for OM as contemplated in the Environmental Indemnification and Landfill Agreement, and to otherwise assist OM in discussions with the Department of Ecology regarding pile alternatives in connection with development of the City Property. (iii) The City shall cooperate with and assist OM in community outreach and relations in connection with the development of the City Property. -35- 06107-006.3.;LEGA L 13023969.1