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EXHIBIT 1 TO ORDINANCE <br /> Tables at Chapter 19.5 Everett Municipal Code (EMC) as they exist at the time of the <br /> original Development Agreement, a copy of which is included in Attachment K to the <br /> Development Agreement, as modified by the Everett Zoning Standards for the Riverfront <br /> Planned Development Project described below. Within the jurisdiction of the Shoreline <br /> Management Act, Chapter 90.58 RCW,the uses permitted on the Riverfront Property must <br /> also be allowed in the Shoreline Overlay District as set forth in the Shoreline Use Table at <br /> EMC 19.33D.100 as it exists at the time of this Agreement, a copy of which is included at <br /> Attachment K to the Development Agreement. <br /> 5.2 Developer Property—Use Restriction. <br /> 5.2.1 First Phase. Notwithstanding anything to the contrary in this <br /> Agreement, the sole permitted use of the First Phase Property prior to issuance of a Partial <br /> Certificate of Completion for the First Phase is as follows: development and construction <br /> of the First Phase of the Riverfront Project substantially as shown in the First Phase <br /> Drawings and Attachment E-1 Page 2 (Final Development Plan) and in accordance with <br /> this Agreement. Modifications to Attachment E-1 Page 2 (Final Development Plan) <br /> approved by the Planning Director using the criteria for administrative modification of the <br /> Final Development Plan as specified in the City's Planned Development Overlay <br /> regulations as set forth in EMC Chapter 19.29 shall be deemed to be "substantially as <br /> shown in Attachment E-1 Page 2 (Final Development Plan)" as that term is used in this <br /> Section. The Planning Director shall have the sole authority to determine if final site layout <br /> and building designs proposed for First Phase are"substantially as shown in the First Phase <br /> Drawings." A decision to reject a plan or permit based on not being"substantially as shown <br /> in the First Phase Drawings" must not be arbitrary and must be made in writing and <br /> supported by detailed findings. <br /> 5.2.2 Remaining Phases. Notwithstanding anything to the contrary in this <br /> Agreement, the sole permitted use of Developer Property not yet released by a Partial <br /> Certificate of Completion is as follows: development and construction of the Riverfront <br /> Project substantially as shown in Attachment E-1 Page 2 (Final Development Plan) and <br /> with a consistent level of quality as the First Phase. Modifications to the Attachment E-1 <br /> Page 2 (Final Development Plan) approved by the Planning Director using the criteria for <br /> administrative modification of the Attachment E-1 Page 2 (Final Development Plan) as <br /> specified in the City's Planned Development Overlay regulations as set forth in EMC <br /> Chapter 19.29 shall be deemed to be "substantially as shown in Attachment E-1 Page 2 <br /> (Final Development Plan)." The Planning Director shall have the sole authority to <br /> determine if site layout and building designs proposed in each Remaining Phase, including <br /> but not limited to site plan review, shoreline permits,building permits,sign permits or other <br /> permits required by the Everett Municipal Code or State law,are consistent with(or greater <br /> than) the quality represented in First Phase Drawings and the design guidelines <br /> incorporated as Attachment G to this Agreement.The Planning Director is directed to reject <br /> any design for any building, improvement or structure that does not provide at least the <br /> level of quality represented by the First Phase Drawings and the design guidelines <br /> incorporated in Attachment G. A decision to reject a plan or permit based on such <br /> inconsistency must not be arbitrary and must be made in writing and supported by detailed <br /> findings. <br /> 5 <br />