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12 <br /> provisions that shall apply to, govern and vest the development,use, and mitigation of the <br /> development of the Development Property. This Agreement shall be construed in a manner that <br /> is consistent with applicable development regulations adopted by the City, except as modified <br /> herein•'anc1 d <br /> OE. This Agreement consists of three Parts. Part One relates to the conveyance of a <br /> portion of the Rinker Property from CSR AssociatedRinker to the City for recreation and/or <br /> athleticball fields, and any accessory or complementary use thereto including,but not limited to, <br /> open space, parking, utilities, and slope support which conveyance provides a public benefit to <br /> the Everett community and, being a dedication for municipal purposes, is exempt from the <br /> provisions of the City's subdivision regulations. CSR AssociatedRinker, and not FSA, will be <br /> solely responsible for the developer's obligations in Part One of the Agreement. Part Two <br /> relates to the standards and conditions controlling re-development of the remainder of the <br /> Development Property in accordance with the concomitant non-project rezone/planned <br /> development overlay and applies to both CSR AssociatedRinker and FSA. Part Three describes <br /> the general terms and conditions that shall pertain to this Agreement; and.;and <br /> EF. The parties hereto agree that, as conditioned by this Agreement, <br /> CSR AssociatedRinker's redevelopment of the Rinker Property and FSA's re-development of <br /> the FSA Property satisfies the criteria for approval of alternative development standards under <br /> EMC Chapter 19.29.050(C). <br /> PART ONE— ACTIVE RECREATIONBALLFIELD PROPERTY <br /> 1.1 Conveyance Terms. <br /> 2004 Revised Development Ageement `: `:- •• =•••` -• •• ' -••.. . • --• <br /> 3 5i <br /> 8/1/2005 : •t ••lt rt,t •HH •t! • •i! :•t!• . : it':- !!•• •u: : �.t <br />