Resolution 5871 - Laserfiche WebLink

(iv) The City shall dedicate planning staff/public works personnel as appropriate to facilitate the timely processing of the Development Permit applications filed with the City, which shall include, at a minimum, assigning the City's Engineering/Public Services Director to serve as a liaison with City staff and departments engaged in Development review. (v) The City shall assist and participate, at OM's request, in any discussions concerning the Tribe Agreement and Pilchuck/Audubon Agreement and/or the concerns of such groups related to development of the City Property. (vi) The City shall promptly consider and process any Certificate of Completion request upon substantial completion of any portion of the Development consistent with the terms of this Agreement. (vii) The City shall comply, at its cost, with its obligations under the BNSF Agreement. OM shall reasonably cooperate (at no expense or liability to OM) with the City with respect to the City's efforts to comply with the BNSF Agreement. (viii) The City shall cooperate with OM's efforts to obtain New Market Tax Credits, Local Infrastructure Financing and other similar financing grants, credits and programs; provided, however, such cooperation shall not require any revisions to this Agreement or result in any additional costs to or material burdens on the City and the City has not and does not provide any representations or other assurances to OM regarding OM's ability to obtain or qualify for any such grants, credits or programs. 16.11 City/OM Cooperation Subject to any and all restrictions imposed by applicable law, including but not limited to Chapter 42.36 RCW, during all stages of the permitting and development of the Development as described herein, the Parties shall hold regular progress meetings to discuss the status of the various Development Permits and the status of development on the City Property. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to circumvent the normal procedures and processes of the City with respect to its land use, planning, environmental, and building review and approval. Until the Final Certificate of Completion for the Minimum Development Elements has been issued, OM shall submit to the City on a quarterly basis a written progress report on the status of the Development Plan. The report shall be in such form and detail as may reasonably be required by the City. Such reports shall describe the progress made to date and the anticipated dates of completion for the various components of the Development Plan, including, without limitation, the Minimum Development Elements. OM shall use its best efforts to promptly submit such reports as required. 16.12 Fill Material To the extent OM requires fill material and the City has such material available to sell to OM, the City shall offer to OM and OM shall purchase from the City fill material at a cost of$17 per cubic yard (bcy); provided, however, in no event shall OM be obligated to purchase fill material from the City in excess of 59,000 bcy for the Simpson Site and 186,000 for the Mill Site. All fill material purchased by OM pursuant to this Section 16.12 must be reasonably -36- 06107-0063 LEGAL 13023969.1