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2019/04/24 Council Agenda Packet
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2019/04/24 Council Agenda Packet
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Council Agenda Packet
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4/24/2019
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• <br /> DRAFT 3.20.19 <br /> availability certificates for the Riverfront Project. Riverfront will pay utility connection fees in <br /> accordance with the Everett Municipal Code. <br /> 12. Trespassing. The City and Developer will reasonably cooperate with each other to address <br /> issues regarding trespassing on their respective Riverfront properties. Both parties will take <br /> reasonable steps to prevent overnight camping on such properties. <br /> 13. Term. Section 13.11 of the Development Agreement is amended to read as follows; <br /> 13.11 Term. The term of this Agreement shall continue until expiration of the <br /> twenty-year Vesting Period that commences as of the date of this Second Amendment as <br /> provided in Section 10 of the Second Amendment. <br /> 14. [Not Used] • <br /> 15. General Provisions. <br /> 15.1 Capitalized Terms. All capitalized terms used in this Second Amendment and <br /> not otherwise defined shall have the meaning set forth in the Development Agreement. <br /> 15.2 Counterparts;Facsimile Signatures. This Second Amendment may be executed in <br /> more than one counterpart, each of which shall be deemed an original, and all of which shall <br /> constitute one and the same instrument. Facsimile signatures on this Agreement.shall constitute <br /> original signatures of the Parties. <br /> 15.3 Captions. The captions. Of this Second Amendment are inserted solely for the <br /> convenience of reference only and do not define, describe or limit the scope or intent of this <br /> Amendment or any term hof.: <br /> 15.4 Recording.Either:party may arrange for the recorcling of this Second Amendment <br /> of DA with the Snohomish County Auditor's office, as necessary to disclose this Amendment on <br /> title documents for the affected property: <br /> 15,5 Notices. The Development Agreement is amended by adding provision for notice <br /> to Developer as follows: <br /> TO Developer: <br /> Riverfront Commercial Investment,LLC <br /> 11624 SD: 'Street,Suite 210 <br /> Bellevue;WA 98005 <br /> Mention:President <br /> Phone:425-559-2300 <br /> Email address: derek.straight@shelterholdings.com and <br /> tia.heim@shelterholdings.corn <br /> 15.6. Termination. If the Restated PDA is terminated under Section 1.1.4 of the Restated <br /> PDA, then this Second Amendment terminates simultaneously with such termination of the <br /> Restated PDA without any further action of the parties. <br /> 16. Other. Except as expressly modified in this Second Amendment, the Development <br /> Agreement shall remain in full force and effect and Developer and the City, as Parties to the <br /> Development Agreement, acknowledge, confirm, and ratify all of the terms and conditions of the <br /> �3 <br />
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