Resolution 4870 - Laserfiche WebLink

C. This Agreement is entered into pursuant to RCW 36.70B.170, .180, and .190. The intent of the parties is to describe in this Agreement the development standards and other provisions that shall apply to, govern and vest the development,use, and mitigation of the development of the Property. This Agreement shall be construed in a manner that is consistent with applicable development regulations adopted by the City, except as modified herein; and D. This Agreement consists of three Parts. Part One relates to the conveyance of a portion of the Property from CSR-Associated to the City for recreation and/or ballfields, and any accessory or complementary use thereto including,but not limited to, open space,parking,utilities, and slope support which conveyance provides a public benefit to the Everett community and,being a dedication for municipal purposes, is exempt from the provisions of the City's subdivision regulations. CSR- Associated, and not FSA,will be solely responsible for the developer's obligations in Part One of the Agreement. Part Two relates to the standards and conditions controlling re-development of the remainder of the Property in accordance with the concomitant non-project rezone/planned development overlay and applies to both CSR-Associated and FSA. Part Three describes the general terms and conditions that shall pertain to this Agreement; and E. The parties hereto agree that, as conditioned by this Agreement, CSR-Associated's and FSA's re-development of the Property satisfies the criteria for approval of alternative development standards under EMC Chapter 19.29.050(C). PART ONE— ACTIVE RECREATION/BALLFIELD PROPERTY 1.1 Conveyance Terms. (a) Transfer Lots. As used herein,the term"Transfer Lots" shall mean Lot 45-A (approximately 13.3 acres),Lot 45-B (approximately 22 acres), and Lot 45-C S:\GDoughty\WINWORD\CSR\AgreementFinal.doc 2 Seattle/2.11.00