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FIRST AMENDMENT TO <br /> DEVELOPMENT AGREEMENT <br /> THIS AMENDMENT is entered into on this I day of , 201f by and between <br /> Snohomish County(hereinafter the "County") and the City of Ev rett, a municipal corporation <br /> under the laws of the State of Washington(hereinafter the"City"),pursuant to which the parties <br /> hereto agree to amend that Development Agreement dated October 3, 2002, by and between the <br /> County and the City as recorded under Snohomish County Auditor's File No. 200210140386 as <br /> follows: <br /> RECITALS <br /> 1. The County and the City previously entered into a Development Agreement dated October 3, <br /> 2002, recorded under Snohomish County Auditor's File No. 200210140386 ("Development <br /> Agreement"),which agreement set forth terms and conditions governing approval of that <br /> Planned Development Overlay(PDO)rezone affecting certain real property of the County as <br /> more particularly described in Section 2.2 of the Development Agreement("Property"); and <br /> 2. The Development Agreement incorporated a Site Plan attached as Attachment A which set <br /> forth the fundamental location of those structures which were at that time proposed as part of the <br /> redevelopment of the Property commonly referred to as the Campus Redevelopment Initiative <br /> ("CRI") and approved under the PDO rezone; and <br /> 3. In accordance with Section 3.6 of the Development Agreement,the Site Plan may be modified <br /> over time based on amendments to the Development Agreement. In furtherance thereof, Section <br /> 4.2 of the Development Agreement states that"Major modifications"to the Site Plan as defined <br /> in Everett Municipal Code ("EMC"), require a recommendation of the Everett.Planning <br /> Commission and approval by the Everett City Council; and <br /> 4. The County has proposed a Courthouse Modernization Project("Project") which involves the <br /> construction of a new five story 30,000 square foot entry tower attached to the north side of the <br /> existing 1967 Snohomish County Courthouse and renovation of approximately 54,000 square <br /> feet within the existing courthouse as more fully described in that Courthouse Modernization <br /> Project Narrative attached hereto as Exhibit A; and <br /> 5. In accordance with EMC 19.29.120(B), the proposed Project will require approval of a Major <br /> Modification to the approved Site Plan under the Development Agreement and PDO rezone as it <br /> will increase the overall ground coverage of structures located upon the County campus in <br /> accordance with that First Amended Site Plan attached hereto as Exhibit B and, thus, is subject <br /> to approval in accordance with the procedures set forth therein; and <br /> 6. This Amendment sets forth the additional development standards and other provisions that <br /> shall apply to, govern and vest the further development of the Property to accommodate the <br /> Project as more fully set forth herein and shall be a condition of approval of any modification of <br /> the PDO rezone for purposes of amendment of the approved Site Plan; and <br /> Page 1 of 12 <br />