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2006/04/12 Council Agenda Packet
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2006/04/12 Council Agenda Packet
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Council Agenda Packet
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4/12/2006
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3 <br /> D. The parties hereto agree, as conditioned by this Agreement,that RAL <br /> satisfies the criteria for approval of the rezone of the property described herein from R-4 <br /> to R-5, so long as the structure depicted herein is built, on the RAL property. <br /> E. It is understood by the City that RAL neither controls or owns the other <br /> rezone properties within said block. The conditions of this Agreement shall also apply to <br /> the other properties. <br /> PART ONE—PROPERTY USE <br /> 1.1 SEPA. The provisions of this Agreement are subject to the City's SEPA <br /> determination(SEPA #06-003), which is incorporated herein by reference. <br /> 1.2 Restricted Use. Pursuant to City Council Ordinance No. 2847-05,the <br /> property is rezoned to R-5, provided the proposed multi-family structure for the RAL site <br /> is built substantially as shown in Exhibit B as determined by the Planning Director. <br /> PART TWO—TERMS AND CONDITIONS <br /> 2.1 Effective Date—Revisions. This Amended Agreement shall not become <br /> effective until it is fully executed. RAL shall be entitled to apply for a revision to this <br /> Agreement under the same rules, regulations and fee provisions governing rezones in <br /> affect at the time of such application. <br /> 2.2. Any modifications to building design, during the project construction <br /> phase, shall be grounds to halt the project with a"Stop Work Order." Any modifications <br /> not authorized as provided herein shall be deemed to constitute a breach of this <br /> agreement. Requests for modification to this Development Agreement deemed major <br /> modifications shall be carried out under the same process that led to its formation, i.e. <br /> Planning Commission recommendation followed by a hearing before the City Council to <br />
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