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9 <br /> TRANSFER LOT AGREEMENT <br /> AMENDING PART ONE OF AMENDED AND RESTATED DEVELOPMENT . _.:_-` <br /> AGREEMENT <br /> THIS TRANSFER LOT AGREEMENT AMENDING PART ONE OF AMENDED <br /> AND RESTATED DEVELOPMENT AGREEMENT(this"Amendment") is dated for <br /> reference purposes as of March ,2017, and is made by and between CEMEX • <br /> CONSTRUCTION MATERIALS PACIFIC,LLC, a Delaware limited liability company, <br /> successor-in-interest to both Rinker Materials Corporation, a Georgia corporation, and CSR <br /> Associated ("Owner"),and the CITY OF EVERETT, a Washington municipal corporation(the <br /> "City"). The Effective Date of this Amendment is defined in Section 1.17 below. <br /> RECITALS <br /> A. Owner(as successor-in-interest to both Rinker Materials Corporation and CSR <br /> Associated) and the City are parties, along with Food Services of America("FSA"),to the <br /> Amended and Restated Development Agreement dated September 1,2005 (the"Development <br /> Agreement"). The Development Agreement contains three parts. Part One relates to the <br /> conveyance of certain Transfer Lots to the City for recreation and/or athletic fields, and any <br /> accessory or complementary use thereto including,but not limited to, open space,parking, <br /> utilities, and slope support. As stated in the Development Agreement, Owner, and not FSA, is <br /> solely responsible for the developer's obligations as to the Transfer Lots in Part One of the <br /> Development Agreement. Parts Two and Three of the Development Agreement relate to other <br /> matters. <br /> B. The City and Owner have agreed to modify the Owner's Obligations (defined <br /> below) as to the Transfer Lots in Part One of the Development Agreement. This Amendment <br /> affects no rights or obligations in Part Two or Part Three of the Development Agreement. This <br /> 1 <br /> 131047136.14 <br /> 8 <br />