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12 <br /> AMENDED AND RESTATED <br /> DEVELOPMENT AGREEMENT <br /> THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this <br /> "Agreement")is entered into this day of July 2005430,by and between ARC <br /> . _ . <br /> •• .:u, _ .•: • . Rinker Materials Co .oratioI a Geor_ia co .oration the successor <br /> in interest to d/b/a CSR AssociatedRinker MaterialsCSR Associated—and-which-new-does <br /> . - . ' '•. ° . =- . (hereinafter"CSR AssociatedRinker"), Food Services of America, <br /> a Delaware corporation (hereinafter"FSA"), and the City of Everett, a municipal corporation <br /> under the laws of the State of Washington (hereinafter the"City"). This aAgreement amends <br /> and restates super-sod-es-the Development Agreement by the same parties dated 28 March 28, <br /> 2000 (the "Original Agreement"). <br /> RECITALS <br /> A. CSR AssociatedAt the time of the Original Agreement Rinker owneds <br /> approximately 288 acres in the Development. As of the date of this Agreement, Rinker currently <br /> owns the Transfer Lots, defined below, and 124.74 acres that it will develop, as legally described <br /> on Exhibit A, and lying within the incorporated boundaries of the City(hereinafter the "Rinker <br /> Property"). and FSA owns approximately 32 acres of adjacent real property(hereinafter the <br /> "FSA Property"), which is legally described in attached Exhibit A-1, and lying within the <br /> incorporated boundaries of the City. The Rinker Property is currently used by CSR <br /> AssociatedRinker for aggregate mining and processing, asphalt and concrete production, landfill <br /> S:\DTyler\WINWORD\SW EVERETTICLEANRinkerPDO.doc-: e-.• - ;. _., :.., ___. . , .• - <br /> Settings\Temporary Internet Filets\OLK1\Rinker 2001 Revised PDO Agrrernent.DOCC:\Document:,.xnd Settings\RSass\Local <br /> 8/1/2005 . !! all : ui : .a as . + t! •• ti. t : !t.; •tt.; :•s,.. •ss.• :•ss 55 <br />