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H. Timely development of the Riverfront Project is in the City's best interest. The <br /> amendments contained in the Second Amendment will allow Developer to proceed <br /> immediately with development of a project that is both economically viable in the <br /> current market and consistent with the City's original vision for the project. <br /> NOW,THEREFORE,the City Council adopts the foregoing recitals as its findings, and the <br /> City Council therefore concludes the following: <br /> 1. The amendments in the Second Amendment to Development Agreement approved by <br /> this Ordinance follow and are based on an appropriate land use and environmental <br /> review process that has included meaningful opportunities for public participation; <br /> and <br /> 2. The proposed changes to the Planned Development Overlay zone and Development <br /> Agreement, and the resultant master plan for the Landfill site: <br /> a. promote the best long term interests of the community and satisfy the <br /> criteria of EMC 19.29.050.C; <br /> b. are consistent with the Everett Growth Management Comprehensive Plan; and <br /> c. bear a substantial relation to the public health, safety and welfare, implement <br /> conditions established in the original master plan and mitigation required in the <br /> revised EIS, which mitigates potential adverse impacts upon existing and <br /> anticipated land uses in the immediate vicinity of the subject property. <br /> NOW,THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Approval of Second Amendment to Development Agreement <br /> The Second Amendment is approved and the Mayor is authorized to execute the Second <br /> Amendment substantially in the form as provided in Exhibit 1. <br /> Section 2: Corrections. <br /> The City Clerk and the codifiers of this Ordinance(including exhibits and attachments)are authorized to <br /> make necessary corrections to this Ordinance including,but not limited to,the correction of <br /> scriveners/clerical errors, references,ordinance numbering, section/subsection number and any references <br /> thereto. <br /> Section 3: Severability. <br /> Should any section,paragraph, clause or phrase of this Ordinance, or its application to any person or <br /> circumstance,be declared unconstitutional or otherwise invalid for any reason,or should any portion of <br /> 2 <br />