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, <br /> 5 <br /> expending time and resources in further negotiations regarding the Project and due <br /> diligence relating to Project development. The Parties contemplate that the definitive <br /> documentation will include a real property purchase and sale agreement ("Purchase <br /> Agreement"), a development agreement setting forth the terms and conditions and <br /> schedule for all aspects of development of the Project (the "Development <br /> Agreement"), and any other documents necessary to effectuate the intent of the <br /> Parties with respect to development of the Project. <br /> 1.2 Public Facilities/Amenities. The Parties shall cooperate in <br /> development of a comprehensive schedule of the public facilities and amenities to be <br /> included within the Project (the "Public Facilities/Amenities Schedule"). The Public <br /> Facilities/Amenities Schedule shall set forth a description of the public facilities and <br /> amenities, the respective obligations of the Parties with respect thereto and a <br /> preliminary schedule for development of each of the facilities/amenities. The Public <br /> Facilities/Amenities Schedule shall be attached as an exhibit to the Purchase <br /> Agreement and the Development Agreement. The Parties recognize that development <br /> of the public facilities and amenities for the Project on a schedule consistent with <br /> OM's development schedule is critical to the success of OM's overall financing, <br /> development and marketing of the Project. <br /> 1.3 Extension of ENA. Concurrent with the parties signing this MOU and <br /> conditioned on the City Council approving the MOU, the term of the ENA shall be <br /> extended to December 29, 2006. It is the intention of the Parties that the definitive <br /> documents, principally being the Purchase Agreement and Development Agreement, <br /> be signed and delivered to each Party prior to the expiration of the ENA. If the <br /> definitive documents are not signed and delivered prior to that date, neither Party shall <br /> have obligation to the other Party under the ENA, this MOU, the RFQ or otherwise, <br /> except as set forth herein. <br /> 1.5 Inclusion of Remaining Property. City staff is prepared to <br /> recommend that the balance of the City Property that was not subject to the <br /> Resolution also be transferred in conjunction with the property described in the <br /> Resolution in accordance with the then applicable City of Everett Charter <br /> requirements. <br /> ARTICLE II <br /> MISCELLANEOUS <br /> 2.1 Council Approval. This MOU and its execution by the person signing <br /> below on behalf of the City have been approved by the City Council of the City of <br /> 19 <br />