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utilities, and slope support which conveyance provides a public benefit to the Everett community <br /> and, being a dedication for municipal purposes, is exempt from the provisions of the City's <br /> subdivision regulations. Rinker, and not FSA, will be solely responsible for the developer's <br /> obligations in Part One of the Agreement. Part Two relates to the standards and conditions <br /> controlling re-development of the remainder of the Development Property in accordance with the <br /> concomitant non-project rezone/planned development overlay and applies to both Rinker and <br /> FSA. Part Three describes the general terms and conditions that shall pertain to this Agreement; <br /> and <br /> F. The parties hereto agree that, as conditioned by this Agreement,Rinker's <br /> redevelopment of the Rinker Property and FSA's re-development of the FSA Property satisfies <br /> the criteria for approval of alternative development standards under EMC Chapter 19.29.050(C). <br /> PART ONE— ACTIVE RECREATIONBALLFIELD PROPERTY <br /> 1.1 Applicability. The provisions of this Part One define the rights and obligations <br /> between the City and Rinker regarding the Transfer Lots, as defined below. Rinker, and not <br /> FSA,will be solely responsible for the developer's obligations in Part One of the Agreement. <br /> 1.2 Conveyance Terms. <br /> (a) Transfer Lots. As used herein,the term "Transfer Lot" shall individually <br /> mean, and "Transfer Lots"shall collectively mean Lot 45-A(approximately 13.12 acres),Lot <br /> 45-B (approximately 21.49 acres), Lot 45-C (approximately 29.40 acres), Lot 45-D <br /> (approximately 6 acres) and Lot 45-E (approximately 30 acres)which are, respectively legally <br /> described on Exhibit B attached hereto. Rinker shall convey each of the Transfer Lots (together <br /> 2004 Revised Development Agreement <br /> 3 <br /> 8/23/2005 <br />