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• <br /> • <br /> • <br /> 1 <br /> D. The parties hereto agree, as conditioned by this Agreement,that RAL satisfies the <br /> criteria for approval of the rezone of the property described herein from R-4 to R-5, so long as <br /> the structure depicted herein is built, on the rezone property,under EMC Chapter 19.06.010 <br /> (Development Standards and other relevant sections of the Code). <br /> E. It is understood by the City that RAL neither controls or owns of the rezone <br /> properties. The conditions of this Agreement shall also apply to the other so mentioned <br /> properties and the conditions of this agreement shall apply to the owners of those other properties <br /> for their use if they so wish. Barring that the R-4 zone regulations shall apply to those other <br /> properties until or unless they meet the provisions of this agreement, as determined by the <br /> Planning Director. <br /> PART ONE—PROPERTY USE <br /> 1.1 SEPA. The provisions of this Agreement are subject to the City's SEPA <br /> determination (#EISO4-01), which is incorporated herein by reference. <br /> 1.2 Restricted Use. Pursuant to City Council Ordinance No. , the property is <br /> rezoned to R-5H and the proposed multi family structure for the site will be built substantially as <br /> shown in Exhibits "B" and "C" as interpreted by the Planning Director. Ordinance is <br /> attached as a part of the Development Agreement with its standards. <br /> PART TWO—TERMS AND CONDITIONS <br /> 2.1 Effective Date—Revisions. This Agreement shall not become effective until it is <br /> fully executed and the accompanying ordinance changing the land use designations and rezoning <br /> the property becomes (concurrently) effective. RAL shall be entitled to apply for a revision to <br /> this Agreement under the same rules,regulations and fee provisions governing rezones in affect <br /> at the time of such application. <br /> 14 <br /> A <br />