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EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET 2 <br /> PROJECT TITLE: <br /> Transfer Lot Agreement Briefing COUNCIL BILL# <br /> Amendment to Part One of the Proposed Action Originating Department Administration <br /> Amended and Restated Consent Contact Person Paul Kaftanski <br /> Development Agreement between Action Phone Number 425-257-7113 <br /> CEMEX Materials Pacific,LLC First Reading FOR AGENDA OF March 29,2017 <br /> and the City of Everett <br /> Second Reading <br /> Third Reading <br /> Budget Advisory Initialed by: <br /> Department Head <br /> CAA <br /> Council President <br /> Location Preceding Action Attachments Department(s)Approval <br /> Approval of Amendments to Amendment to Part One of Administration,Legal, <br /> Development Agreement, Amended and Restated Planning,Parks,Public <br /> August 24,2005 Development Agreement Works,Facilities <br /> (without exhibits) <br /> Amount Budgeted -0- <br /> Expenditure Required Account Number(s): <br /> Budget Remaining -0- <br /> Additional Required -0- <br /> DETAILED SI MARY STATEMENT: <br /> This item is a proposed amendment to the 2005 development agreement with CEMEX. The 2005 development <br /> agreement contains two parts. Part One requires CEMEX to transfer to the City certain properties for recreation <br /> development. Part Two concerns land use and related items. As described below,the proposed amendment only <br /> amends Part One. The proposed amendment makes no changes to Part Two. <br /> The properties to be transferred to the City under Part One are referred to as Lots A,B, C,D,and E. Lot A,which is <br /> approximately 13 acres,transferred to the City on July 11,2001,and now is the Phil Johnson Ballfields. With respect <br /> to remaining lots,the proposed amendment does the following: <br /> • Lots B,C,and D.As anticipated by the development agreement,CEMEX is now prepared to transfer Lots B, <br /> C,and D(total of about 57 acres). The proposed amendment makes technical changes regarding the construction <br /> acceptance standards and related matters. <br /> • Lot E. The proposed amendment states that Lot E(approximately 27 acres and sometimes called Lot 3)will <br /> be transferred on or before January 31,2021.The proposed amendment lessens the construction acceptance standards <br /> for Lot E. In exchange for this,CEMEX will pay the City$2 million in five annual payments of$400,000. Staff <br /> recommends this exchange because the current"extra"work on Lot E(decided in 2005)does not make the lot <br /> practically more useable to the City,but the$2 million could be used to make improvements needed elsewhere. In <br /> addition,the proposed amendment will shrink Lot E by about 2-3 acres,for which CEMEX will pay the City an <br /> additional$413,500. Lastly,CEMEX will construct a perimeter road and path system on Lot E prior to its transfer. <br /> RECOMMENDATION: <br /> Authorize the Mayor to sign the Transfer Lot Agreement Amendment to Part One of the Amended and Restated <br /> Development Agreement between CEMEX and the City substantially in the form provided,with exhibits in the form <br /> approved by the City Attorney's Office,and authorize the Ilayor or his designee to take all other actions necessary to <br /> close the transaction. f <br />