Ordinance 3674-19 - Laserfiche WebLink

EXHIBIT 1 TO ORDINANCE 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 availability certificates for the Riverfront Project. Riverfront will pay utility connection fees in accordance with the Everett Municipal Code. 12. Trespassing. The City and Developer will reasonably cooperate with each other to address issues regarding trespassing on their respective Riverfront properties. Both parties will take reasonable steps to prevent overnight camping on such properties. 13. Term. Section 13.11 of the Development Agreement is amended to read as follows; 13.11 Term. The term of this Agreement shall continue until expiration of the twenty-year Vesting Period that commences as of the date of this Second Amendment as provided in Section 10 of the Second Amendment. 14. Recording. Either party may arrange for the recording of a memorandum of this Second Amendment in a mutually acceptable form against the Developer Property with the Snohomish County Auditor's Office 15. General Provisions. 15.1 Capitalized Terms. All capitalized terms used in this Second Amendment and not otherwise defined shall have the meaning set forth in the Development Agreement. 15.2 Counterparts; Facsimile Signatures. This Second Amendment may be executed in more than one counterpart, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Facsimile signatures on this Agreement shall constitute original signatures of the Parties. 15.3 Captions. The captions of this Second Amendment are inserted solely for the convenience of reference only and do not define, describe or limit the scope or intent of this Amendment or any term hereof. 15.4 Recording. Either party may arrange for the recording of this Second Amendment of DA with the Snohomish County Auditor's office, as necessary to disclose this Amendment on title documents for the affected property. 15.5 Notices. The Development Agreement is amended by adding provision for notice to Developer as follows: To Developer: Riverfront Commercial Investment, LLC 11624 SE 5th Street, Suite 210 Bellevue, WA 98005 Attention: President Phone: 425-559-2300 Email address: derek.straight@shelterholdings.com and tia.heim@shelterholdings.com 15.6. Termination. If the Restated PDA is terminated under Section 1.1.4 of the Restated PDA, then this Second Amendment terminates simultaneously with such termination of the Restated PDA without any further action of the parties. 9