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EXHIBIT 1 TO ORDINANCE <br /> In reviewing plans for individual Phases of development and individual buildings under <br /> Section 5.2.1 or Section 5.2.2, the Planning Director shall have the authority to retain, at <br /> Developer's expense, the services of an independent architect with appropriate expertise <br /> as an independent third party. The selection of the architect shall be mutually agreed upon <br /> by the City and Developer. <br /> 5.3 After Certificate of Partial Completion. After issuance of a Certificate of <br /> Partial Completion for a portion of Developer Property, such Developer Property is <br /> released from the restrictions under Section 5.2 above and the permitted uses for such <br /> Developer Property shall be as set forth in Section 5.1 above, in addition to the uses <br /> authorized in Section 5.2 above. <br /> 6. Development Standards. The Development Standards are revised as follows for the <br /> Developer Property: <br /> A. Revised Attachments. For the Developer Property, Attachment F to the <br /> Development Agreement titled"Everett Riverfront District Zoning and Land Division <br /> Standards" is replaced by the Attachment F attached to this Second Amendment. For the <br /> Developer Property, Attachment G to the Development Agreement titled"Mixed Use <br /> Guidelines" is replaced by the Attachment G attached to this Second Amendment. <br /> B. First Phase. The First Phase shall be substantially as shown in the First Phase <br /> Drawings. If there is an inconsistency between Attachments F or G, as modified above, and the <br /> First Phase Drawings,the First Phase Drawings control. <br /> C. Central Gathering Space. The Third Phase will include the Central Gathering Space <br /> that is substantially in accordance with the drawing attached as Exhibit 3 to this Second <br /> Amendment and Attachment G. With respect to the Central Gathering Space, this Section 6.0 <br /> supersedes Section 8.2.11 in the Agreement. <br /> D. Planning Director Decisions. Any Planning Director decision under this <br /> Agreement is appealable to the Hearing Examiner in accordance with EMC Title 15. <br /> 7. Multi-Family Housing Property Tax Exemption. On or before the date of this Second <br /> Amendment, the City Council has adopted an ordinance adding the Developer Property to the <br /> definition of Urban Center in Area 4 under EMC 3.78.150. To the extent permitted by state law, <br /> the Developer Property will remain an Urban Center in Area 4 eligible for the multifamily housing <br /> property tax exemption for the term of this Development Agreement under the terms and <br /> conditions set forth in Chapter 3.78 EMC as of the Effective Date of this Second Amendment. <br /> However, if the City duly exercises the Repurchase Option in accordance with Section 10 of the <br /> Restated PDA,then the City upon such exercise may remove the portion of the Property identified <br /> as Designated Option to Repurchase Property (as defined in the Restated PDA) from the Urban <br /> Center so that the Designated Option to Repurchase Property is no longer eligible for the <br /> multifamily housing property tax exemption, in which case the appraisal of such Designated <br /> Option to Repurchase Property under Section 10 of the Restated PDA will not take into account <br /> any multifamily housing property tax exemption. <br /> 8. Environmental Review and Mitigation; General Development Conditions; Phasing <br /> A. For the Developer Property only, Attachment I is replaced with the Attachment I <br /> attached to this Second Amendment. For purposes of clarity, items not applicable to the Landfill <br /> 6 <br />