7207 EVERGREEN WAY DOMINOS PIZZA 2016-01-01 MF Import

�� }• _'. � �� ':,� OF GVLRETT DL•'�/ELOPMENT AGREEMENT THIS AGR�EMENT is entered into by A. A. Wexler and Gilda Wexler, hereafter called "Ownex" for the benefit of the City oP Everett and the public health, safety and welfare. WITHNESSETH: WH�REAS, Ehe above-referenced Owner holds full, right, title and interest to the following-described real estate situated within the City of Everett, Snohomish County, Washington: Lc+ts 86, 87, 88 and 98, Pirst,Addition to Beverly Park, as per plat recorded in Volume 9 of Plats, page 17, records of Snohomish County, Washington. ' Whereas, said Owner has requested the City of Everett to issue a driveway permit to allow ingress and egress between Rainier Drive and the northeast corner of the subject property; and WHEREAS, said Owner recognizzs that connecting the Village Square Shopping Center to Rainier Drive at tl�e point indicated may cause an impact upon the traffic safety and the use and enjoyment of properties abutting Rainier Drive, and that it would be in the interest of public health, safety and welfare to anticipate and neutralize such impacts by entering into the development agreement Por the Henefit of the City of Everett, Now, Therefore The Owner does hereby agree and covenant as follows: 1. The internal circulation and parki.ng plan for the shopping center located on the above-described property, to the extent that it has a direct or indirect impact on the vehicle use of public streets in the immediate vicinity, shall not be changed, designed or muintained in a manner that has not been previously approved by the City ef Everett traffic engineer. � 2. If Rainier Drive,,�between the,subject.��zoperty.:and 75th Street (to the south) "and"the'intersection of Rainier Drive:and 75th Street is improved and developed to the satisfaction�of tlie City, the driveway access for the subject pro�erty shall be changed from the noriheast corner thereof to the southeast corner thereoE. The driveway at the northeast corner shall only be allowed to remain open if Rainier �rive is ultimately improved to provide a continuous street from Ttereve Drive to 75th Street. 3. This Agreement shall be construed as a covenant running with the land, and shall be binding upon the owners, their agents successors and assigns. DATED this CxL'i��i r . � Z STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) day of A. A. Wexler Gilda Wexler 1980. On this day personally appeared before me A. A. Wexler and Gilda Wexler to me known to be the individuals described in and who executed the within and foregoinq instrument as their free and voluntary act and deed and for the uses and purposes therein mentioned. GIVEN under my official hand and seal this day of ,1980 NOTARY PUDLIC In and for the Sfa1'a of Washington, residing at