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d) An initial project schedule and a revised project schedule whenever there is a <br /> cumulative schedule change of 7 days or more. <br /> e) Access to the Property(subject to health and safety requirements) and to the project <br /> records of EHA, Asarco, and their contractors. <br /> 4) Community Renewal Actions. Upon consideration and action on findings regarding <br /> blight and the designation of the Fenced Area and Adjacent Area of the Everett Smelter <br /> Site as a community renewal area by ordinance,resolution or such other form of action <br /> required under RCW 35.81 (Community Renewal Law), the City of Everett will: <br /> a) Elect to have such powers of the community renewal agency exercised by EHA and to <br /> delegate to EHA appropriate powers necessary to carry out the redevelopment effort. <br /> b) Consider and act upon a community renewal plan and any updates prepared by and at <br /> the expense of EHA. <br /> c) Consider and act upon a community renewal project plan or proposal prepared by and <br /> at the expense of EHA. <br /> d) Not proceed with redevelopment activities without prior City of Everett approval of a <br /> community renewal plan or project, including a budget that ensures the City's <br /> financial commitment to EHA will not be exceeded. <br /> 5) Project Responsibilities. The City of Everett and EHA will cooperate to the greatest <br /> extent possible in the undertaking of this redevelopment effort, including: <br /> a) EHA shall, or obtain an enforceable commitment from Asarco to,place and hydroseed <br /> a minimum two-foot cap of clean topsoil on the Fenced Area not later than <br /> September 1, 2005,unless expressly agreed otherwise in writing by the City of <br /> Everett. <br /> b) EHA shall submit or obtain an enforceable commitment from Asarco to submit a <br /> Interim Site Restoration Plan for City of Everett approval prior to rough grading of the <br /> Fenced Area and cap placement, and, unless otherwise agreed by the City of Everett, <br /> shall submit the Final Site Restoration Plan and other plans identified in the <br /> FCAP/FEIS and Final Design Report for City of Everett approval not later than the <br /> submittal or any subdivision application to the City of Everett on the Fenced Area. <br /> c) EHA shall be responsible for all remedial actions required by the Prospective <br /> Purchaser Consent Decrees (PPCDs), construction of all streets and utilities in the <br /> project area, all redevelopment activities as approved by the City of Everett. <br /> d) EHA will fully support protection of the City of Everett, in the PPCDs and financing <br /> documents, against any liability, including liability for any remedial costs on public or <br /> private property in the project area. EHA shall include the City of Everett as an"EHA <br /> Indemnified Party"in its Remediation Agreement with Asasrco. Any agreement <br /> between EHA and the City of Everett is contingent on the City of Everett receiving <br /> such protection. <br /> e) Unless expressly agreed otherwise in writing by the City, the City will not take title, <br /> hold a deed of trust, or have a security interest in the property. <br /> f) EHA shall immediately begin the process of marketing the subject properties to third <br /> party developers with a goal of obtaining a third party developer no later than August <br /> 2004. <br /> g) Any sale of these properties is subject to the approval of the City of Everett. <br /> Page 2 of 3 <br />