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Now, THEREFORE, the parties herein do mutually agree as follows: <br /> SECTION ONE - INTRODUCTION <br /> The City hereby adopts this Development Agreement in conjunction with the rezone of the <br /> Property described in Section Two of this Agreement to a Planned Development Overlay in <br /> accordance with provisions of Chapter 19.29 and 19.41.160 of the Everett Municipal Code. <br /> The City and the Port agree that the purpose of this Agreement is to comply with the Everett <br /> Municipal Code and the Conditions of Approval for the PDO-WC Rezone. The City and the Port <br /> further agree that this Agreement establishes certain rights of the Port to develop the Property in <br /> accordance with the conditions specified herein. Provided, however, that additional SEPA <br /> review, and issuance of appropriate City approvals and permits are required prior to any <br /> development activity. <br /> The City and the Port agree that each has entered into this Agreement knowingly and voluntarily <br /> and agree to be bound by its terms and conditions. <br /> It is the intent of this Agreement that all of the major components of the NMRP will be <br /> completed in several phases beginning in 2004 and continuing to 2023. The City and the Port <br /> recognize that phasing and construction time among the different components of the NMRP will <br /> differ and that various structures and districts will be completed in different years. However, the <br /> Port commits that key public infrastructure improvements including the public shoreline <br /> walkway extension along the existing marina and enhancements to 13`h Street will be completed <br /> as part of the first phase of the project, per Section 4.4.a. <br /> SECTION TWO—ACTION - PROPERTY DESCRIPTION <br /> 2.1 PROPOSED ACTION: <br /> The proposed action is the approval by the City of a Planned Development Overlay (PDO) zone <br /> for the Property described in Section 2.2 for the Port of Everett North Marina Redevelopment <br /> Project (NMRP). The PDO includes this Development Agreement with attachments. <br /> The NMRP is a multi-district master plan to create a new mixed-use development to meet the <br /> Port's strategic planning objectives in a setting that is conducive to expanded and more efficient <br /> provision of marina moorage and related boating and maritime services, expanding public <br /> shoreline access and recreation, providing for residential use, and creating expanded economic <br /> development and employment opportunities. <br /> The general location of the proposed action is between the Port's existing marina, north of <br /> and adjoining the Waterfront — Commercial (W-C) zone boundary and the 10th Street <br /> Boat Launch, and extending west of West Marine View Drive to the Snohomish River <br /> Channel. <br /> 4 <br />