2008/04/30 Council Agenda Packet

Landfill Systems and Related Utilities, all of which shall be executed by the parties and recorded at Closing. 15. Dedication Agreement. The Parties agree that the Dedication, Easement and Maintenance Agreement form attached to this Amendment as Exhibit I shall be signed, delivered and recorded by the parties described therein at Closing and shall constitute the Dedication, Easement and Maintenance Agreement referred to in Sections 7.2.9 and 16.6 of the Agreement. 16. Public Works Yard. The second sentence in Section 3.6 of the Agreement is hereby amended to read as follows: The City agrees to relocate the equipment and other personal property items on the Public Works Yard as soon as reasonably possible after Closing but in no event later than sixty (60) days after the Closing Date, and OM agrees to enter into a lease with the City at Closing to permit the City to continue to use the Public Works Yard, without the payment of rent but with an obligation to pay for all taxes, insurance (which insurance shall include OM, its agents, employees, contractors and consultants as additional insureds), utilities and other operational costs, until the Public Works Yard is vacated by the City as provided herein (the "Public Works Yard Lease"). 17. Floodplain Clarification. The Parties acknowledge and agree that the Rate Map has been clarified to OM's satisfaction, the City has fulfilled its obligations under Section 5.3 and that the contingency described in Section 6.1.3 has been satisfied. Section 5.3 is hereby amended to read as follows, and the figure in Exhibit B-2 is replaced by the current FEMA Rate Map of the Simpson Pad: "The Federal Emergency Management Agency ("FEMA") has corrected its Flood Insurance Rate Map (the "Rate Map") to reflect the determination by the Flood Insurance Study (effective September 16, 2005), and the current designation shown on Exhibit B-2 has been clarified to OM's satisfaction." 18. Development Expenditures. The Parties acknowledge and agree that OM has complied with and fulfilled its obligations under Section 5.4. 19. The Development Plan. The following shall amend and qualify Section Lb. of the Development Plan and Section 1 and 2 of the Conceptual Layout of the Everett Riverfront Development component set forth in Exhibit G of the Agreement: If the Simpson Pad or the Mill Property cannot be used for residential development because of the presence of any Hazardous Substances located thereon, then the Conceptual Layout of the Everett Riverfront Development would allow the development of the Simpson Pad or Mill Property for a high quality mixed use, high technology business park, educational or office type facilities in a campus setting, consistent with the Everett Shoreline Master Program, provided it is otherwise compatible with the uses and other elements of the Development as described in Exhibit 1 . 1 11.. v7iTi7. KIrm