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EXHIBIT 1 TO ORDINANCE <br /> are marked as not applicable and changes from the previous Attachment I are marked in <br /> strikeout/underline format. <br /> B. Section 8.2.1 is hereby deleted. <br /> C. Section 8.2.7 is hereby deleted and replaced with the following: "Building heights <br /> on the site will be restricted to the heights shown on the drawing entitled Basic Height Limits that <br /> is part of Attachment E-1. Building Height is measured from base elevation as defined in the City <br /> of Everett Zoning Code, EMC Chapter 19.04. <br /> D. Section 8.3.2 is amended to add the following sentence to the end of that section: <br /> Notwithstanding the foregoing, parking may be shared between phases and the Central Gathering <br /> Space and the public plaza in front of the cinema may be used to fulfill open space requirements <br /> for all Phases. <br /> E. A new Section 8.4 is added as follows: <br /> 8.4 Eclipse Mill Park. Developer will construct the Eclipse Mill Park <br /> project, which is conceptually shown in the drawing attached as Exhibit 4 to this <br /> Second Amendment. Exhibit 4 is not intended to show specific locations of <br /> elements or to show size or character of buildings. The Eclipse Mill Park Project <br /> will include parking, a restroom building, a picnic shelter, a playground, the <br /> Riverfront Trail connection, a play lawn, and associated landscaping. Except for <br /> the restroom building, the picnic shelter, and a portion of the parking, the Eclipse <br /> Mill Project will be completed by Developer with the First Phase(the"First Phase <br /> Park Project") in accordance with the Restated PDA. The remainder of the <br /> Eclipse Mill Park project will be completed by Developer with the Third Phase in <br /> accordance with the Restated PDA. The City will remove the crane adjacent to the <br /> Eclipse Mill Park property no later than August 31, 2020. <br /> F. A new Section 8.5 is added as follows: <br /> 8.5 Main Road Parcel Landscaping. <br /> A. Maintenance. Developer acknowledges that the City has <br /> limited ability to maintain landscaping within the Main Road Parcel. <br /> Accordingly, any landscaping within Main Road Parcel that the City is to <br /> maintain: (1) must be pre-approved by the City in writing during the City <br /> Main Road permit process and (2) upon City acceptance be accompanied <br /> by a 2-year landscape maintenance bond. Landscaping within the Main <br /> Road Parcel not satisfying (1) and (2) above will be maintained by the <br /> owner of the adjacent portion of the Developer Property at such owner's <br /> cost, consistent with this Agreement, the landfill consent decree with the <br /> Department of Ecology, and applicable law. <br /> B. Project Delay. In the event that Developer builds Roadside <br /> Improvements as defined in the Section 3.2 of the Restated PDA, such <br /> improvements will be consistent with this Agreement,reasonably consistent <br /> in appearance along the Main Road, and be acceptable to the Department of <br /> Ecology. <br /> 9. Impact Fees. <br /> 7 <br />