2008/04/30 Council Agenda Packet

G and all applicable legal restrictions, including but not limited to the Everett Shoreline Master Program. 20. Current LEED-ND Rating System. The fourth sentence of Section 16.5 is hereby amended to read as follows: OM's failure to incorporate the elements necessary to meet the Silver level certification requirements and criteria under the Current LEED Rating System shall be deemed to be a reasonable basis for the City to withhold any consent or approval required by this Agreement or under any Development Permit to the extent the City reasonably believes that the consent, approval or permit as proposed by OM fails to include necessary LEED-ND elements and criteria as contemplated under this Agreement; provided, however, the City agrees not to withhold any such consent or approval solely due to OM's failure to satisfy either the LEED-ND prerequisite for "compact development" or the prerequisite a 100 foot wetland buffer area, or both, as long as (i) OM has and is using reasonable and diligent efforts to have these two LEED-ND prerequisites eliminated or amended to a standard compatible with the site plan for the Development and that will allow the Development to obtain LEED-ND certification and (ii) OM's Development plans, when considered together with the applicable elements of the Current LEED Rating System in the City Work, include elements that would result in at least fifty (50) points under the Current LEED Rating System. 21. Key Development Permits. The Parties acknowledge and agree that OM has prepared and filed its Key Development Permit applications. The second sentence in Section 16.9 is deleted. 22. City Work. The following sections only of Section 18.1 are hereby amended: The City and OM anticipate that, in conjunction with the development of the City Property, the City will concurrently undertake certain public works (the "City Work") in order to provide roadways, conduct certain grading and surcharging, wetland restoration, and various public amenities on and around the City Property, aid in collecting and recovering leachate from the Landfill Property and comply with the City's obligations under the Landfill Environmental Indemnification Agreement, CAP/CD as amended including its environmental covenants. The scope of the City Work and the time frames for substantial completion of each task are as follows: (a) The City will use its best efforts to cause BNSF to relocate its track pursuant to the BNSF Agreement so as to allow for construction of a bridge to the Simpson Pad or to otherwise provide OM with a crossing to allow access to the Simpson Pad across the BNSF tracks. OM acknowledges and agrees that this work has now been completed by the City in compliance with this Agreement. 06107-0063/LEGAL� 4�nr�z 042"142zu53.1 06107 0063 it 9G n r i 422087n 1