1303 58TH ST SW 2016-01-01 MF Import

RESTATED AGREEMENT FOR MAINTENANCE OF LANDSCAPING AND IRRIGATION WITHIN PUBLIC RIGHT OF WAY This RESTATED AGREEMENT FOR MAINTENANCE OF LANDSCAPING AND IRRIGATION WITHIN PUBLIC RIGHT OF WAY ("Restated Agreement"), dated as of 30 , 1998, is made by Metco Homes, LLC ("Metco"). PRIOR AGREEMENT RESTATED AND REPLACED Reference is made to that certain AGREEMENT FOR MAINTENANCE OF LANDSCAPING AND IRRIGATION WITHIN PUBLIC RIGHT OF WAY dated as or August 22, 1995, recorded under Snohomish County Recording No. 9F�0140394 ("Prior Agreement'). This Restated Agreement is intended to, and upon its recording shall, entirely amend, supersede, replace and restate the Prior Agreement, which shall i�ereaflcr be deemed to be of no further force or effect. The provisions of this Restated Agreement shall be deemed to have taken effect as of the date of recording of this Restated Agreement RECITALS A. Metco was the developer of Lots 1 through 62 of the Plat of Merrill Creek - Phase 2, 3 &4, according to a Plat recorded (immediately following the recording of the Prior Agreement) under recording No. 9509145004 in the records of Snohomish County, Washington, which Plat is divided into phases commonly known as "Phase 2 East" (Lot 59), "Phase 2 West" (Lot 60), "Phase 3 East" (Lot 61), "Phase 3 West" (Lot 62) and "Phase 4" (Lots l - 58). The legal description of said Plat is set forth in Exhibit A attached hereto and incorporated herein by reference. B. Development of said Plat and said Lots is subject to the control of the City of Everett ("City") pursuant to City of Everett Ordinance No. 1674-90, as amended by Ordinance No. 1955- 93, and the concomitant Restated Agreement to rezone under said Ordinance No. 1674-90, and Findings and Decision of the Hearing Examiner dated March 25, 1494, and as amended thereafter. C. The final approval of said Plat was conditioned upon the construction and dedication as a public right of way known as 13th Avenue West as more particularly shown on the Plat. D. Final approval of said Plat was further conditioned upon the Prior Agreement being placed of record assuring the subsequent maintenance and irrigation of landscaping ("Landscaping") to be installed on either side of 13th Avenue West commencing with the intersection with Merrill Creek Parkway to the south to approximately the intersection with 56th Street Southwest to the north (including the Islands at the north end). FAWFDATAICDOMMETC01I 95D4-13.A03 1 4115191