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into 35 lots for single family detached dwellings on individual <br /> lots; and <br /> WHEREAS, the Owner has agreed to develop the property in <br /> accordance with the Agreement and this Addendum; <br /> NOW, THEREFORE , IT IS MUTUALLY AGREED AS FOLLOWS: <br /> Section 1 : That the Agreement is hereby amended by the addition <br /> of the following: <br /> Preliminary subdivision approval is granted for the construction <br /> of a 35 lot subdivision with 35 single-family detached homes . <br /> The subdivision shall be constructed in accordance with the <br /> City of Everett Hearing Examiner Decision for Subdivision #5-93 <br /> dated April 5, 1994, and SEPA MDNS #75-93 issued January 28, <br /> 1994 . If a final plat is not recorded within the time frames <br /> prescribed by Chapter 58 . 17 RCW and Chapter 18 . 16 EMC, the <br /> preliminary subdivision approval provided herein shall lapse and <br /> any subsequent development of the property must comply with all <br /> provisions of the Agreement. <br /> Section 2 : That all provisions of the Agreement other than those <br /> that are modified by Section 1 of this Addendum shall remain in <br /> full force and effect. <br /> Section 3: That this Addendum shall not become effective unless <br /> the Owner executes this Addendum and submits it to the City no <br /> later than 15 days after the date the ordinance that authorizes <br /> this Addendum becomes valid. <br /> Section 4 : That this Addendum shall be filed in the records of <br /> the Snohomish County Auditor for the purpose of subjecting the <br /> property to the restrictions, conditions and limitations herein <br /> set forth which are intended and shall be deemed to be covenants <br /> running with the land and binding upon the Owner, Owner' s <br /> successors, tenants and assigns . <br /> 2 <br />