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ADDENDUM TO <br /> CONCOMITANT AGREEMENT TO ORDINANCE NO. 1224-86 <br /> THIS AGREEMENT is made and entered this lam' day of <br /> • , 1990, by and between David M. Kehoe, hereinafter <br /> referred to as "Owner, " and the City of Everett, a municipal <br /> corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City. " <br /> WITNESSETH <br /> WHEREAS, David M. Kehoe is the current owner of the <br /> property located north of 92nd Street S.E. , west of West Mall <br /> Drive, Everett, Snohomish County, Washington, the legal <br /> description of which is as follows: <br /> Parcel No. 18-28-05-1-019 , Sec. 18 , Twp. 28 , Rnge. 5 E. <br /> W.M. , that portion of the S.W. 1/4 of the N.E. 1/4 lying <br /> westerly of P.N.T. Co. R/W. <br /> WHEREAS, on January 22 , 1986 , the Everett City Council <br /> passed Ordinance No. 1224-86, along with a Concomitant <br /> Agreement dated January 22 , 1986 , hereinafter referred to as <br /> "Agreement" amending the official zoning map of the City of <br /> Everett upon compliance with conditions contained in said <br /> Agreement; and <br /> WHEREAS, such zoning and development is adjacent to the <br /> P.U.D. right-of-way corridor and will provide condominium <br /> apartments and homes ; and <br /> WHEREAS, the Owner now wishes to modify several conditions <br /> of approval of said Agreement as identified in Exhibit B, <br /> (April 19 ,1990 Kehoe letter) ; and <br /> WHEREAS, the City has provided proper notice of the <br /> proposed project; and <br /> WHEREAS, a public hearing was held before the Planning <br /> Commission on August 21 , 1990 ; and <br /> WHEREAS, the Planning Commission made a recommendation on <br /> August 21 , 1990 , to the City Council to grant approval to this <br /> Addendum to said Agreement to Ordinance No. 1224-86; and <br /> WHEREAS, the Everett City Council held a public hearing <br /> and approved the Planning Commissions recommendation to adopt <br /> said Addendum; and <br /> WHEREAS, the Owner has agreed to develop the <br /> aforementioned property in accordance with said Agreement dated <br /> January 22 , 1986 , and this Addendum; <br /> NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS; <br /> I . That the Agreement is hereby amended as follows: <br /> 1 . Exhibit A: The site plan dated December 2 , 1990 , <br /> which is attached hereto as Exhibit C shall be <br /> substituted for the original congregate care facility <br /> plan as Exhibit "A" . <br />