2019/04/17 Council Agenda Packet

DRAFT 3.20.19 Revised Transportation Fees for each new building prior to issuance of a building permit for each structure. The Revised Transportation Fees, if adopted, shall apply to the Riverfront Project from the date the revised fees are effective until the date that is eight years from the Effective Date of this Second Amendment. If the City does not revise its transportation impact fees in Ch. 18.40 EMC in 2019 or 2020,Riverfront will pay the fees in Ch. 18.40 EMC in effect on the Effective Date of this Second Amendment and these fees shall apply to the Riverfront Project for eight years from such Effective Date. Riverfront shall get credit against transportation impact fees for any work completed by Riverfront that is on the City's Transportation Improvement Plan. The parties agree that (1)no work required under the Original PDA Or the Restated PDA counts toward such credit and(2)Riverfront as of the date of the Second Amendment has not completed or begun construction of any work that would count towards such credit. 9.2 School Impact Fees. With respect to the Developer Property,Riverfront shall pay School Impact Fees in accordance with the City's adopted school impact fee ordinance EMC 18.44,unless separate written agreement is entered into between Riverfront and the Everett School District. 10. Vesting of Development Standards. Section 10.1 of the Development Agreement is revised to read as follows: 10.1 Vesting. Pursuant to RCW 36.70B.170 et seq.,the Development Standards and other provisions of this Agreement, and the Development Regulations specified in Section 10.3 shall apply to and govern development on the Riverfront Property excluding the Developer Property for a period of twenty years from the date of this Agreement, provided that with respect to development on the Developer Property,the period of vesting shall run for twenty years from the Date of this Second Amendment(the"Vesting Period"). During the Vesting Period (including any complete applications submitted within the Vesting Period), the City shall not modify or impose new or additional development standards beyond those set forth in this Agreement except as stated below. To the extent this Agreement does not establish Development Standards or provisions addressing a certain subject, element or condition of the Project,then the Project shall be governed by the City's Development Regulations specified in Section 10.3 below. To the extent that neither(a)this Agreement's Development Standards:or other provisions nor (b)the City's Development Regulations specified in Section 103-below address a certain subject, element or condition of the Project,then the Project shall be governed by the City's then- existing development regulations. 11. Water, Sanitary and Storm Sewer Facilities. Section 11 of the Development Agreement titled "Water and Sewer Service" is deleted in its entirety. The City certifies that the water and sanitary and storm sewer infrastructure already constructed is sufficient to serve the preferred alternative described in the FEIS once Riverfront constructs the connections to such water and sewer infrastructure. The Riverfront Project in later phases may require certain upgrades (such as higher capacity lift station pumps),which the City certifies the City will complete when necessary for such later phases. If required as part of the permit and approval or financing process for improvements on the Developer Property, the City will issue to Riverfront water and sewer 1&2