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RECORDED-DEVELOPMENT_AGREEMENT.pdfCONFORMED COPY 7 PGS 08/17(2010 4:12V $$68.00 SNOHOMISH COUNTY, �ASHINGTON DEVELOPMENT AGREEMENT BAS, RCW 36.70B.170 et seg and Title 20 of the Edmonds Community Code authorize Development Agreements between the City of Edmonds and y ownership or control over real property regarding the imposition of development other provisions that apply to, govern and vest the development, use and he development of real property governed by the agreement, and W B , EREAS, the undersigned property owner has applied to the City for the creation of a 60*40district known as the Firdale Village Mixed -Use Zone, and ­EREAS in its proposal, the owner has proposed the establishment of a native growth pciclion area a buffer in order to protect an existing stand of native trees located along th f the property, and WHEREAS, while the owner has voluntarily proposed such an imposition, the parties to iit40,,,0ment are cognizant of the provisions of RCW 82.02.020 as interpreted by the W hu 4 Court of Appeals in Citizens Alliance for Property Rights v. Sims, 145 Wash, App. 6"60), and 'WHEREAS, jurisdictions are required to show that clearing requirements, native growth se%aities and other similar protections fall within the exception created in RCW 82.02.020 as "mitigate a direct impact that has been identified as a consequence of a proposed o de, i'81"'pmoht, subdivision, or plat," and WHEREAS, the parties wish to enter into this agreement as apart of and as an adjunct to 'on, of a new zone in order that the owner can voluntarily create a Native Growth Feitrrir„Easement for the protection of an existing stand of trees thereby ensuring the ptti tjlp and maintenance of such nature trees, and EREAS, the City, by the approval of this agreement and a concurrent enactment of a z6o',Jfti ,Ordinance of even date establishing the Firdale Village Mixed Use zone, finds that such W”, ening change, conditioned as set forth in this agreement, meets the criteria of its o ve ftsi plan and zoning code: D.6.b. Firdale Village D.6.b.i In the Firdale Village commercial area, development should include an attractive mix of uses that create a "neighborhood village "pedestrian -oriented environment, Commercial spaces shall be oriented towards the street in order to maximize visibility, and parking should be primarily accommodated either behind or underneath structures, D. 6. b, iL Development shall not be more than four stories in height, and the design should focus on breaking up the mass and bulk of buildings by incorporating such features as setbacks, varying rooflines, and landscaping into the design of the site. The mix of uses should not include less than one quarter commercial space. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS TO BE DERIVED, and the authorization of RCW 35.70B.170 et seg, the parties have entered into this Agreement under the terms and conditions set forth herein. 1. Parties. 1.1 "City" shall mean the City of Edmonds, Washington, a municipal corporation. ge 1.2 "Developer" shall mean the undersigned property owner, 7APP a Washington corporation. 2. Subject Property. 2.1 "Site." The private property subject to this Agreement is shown on the attached Exhibit A and is legally described on attached Exhibit B. This development agreement relates to the development the establishment on the site of a Native Growth Protection Easement and vesting to the terms of the Firdale Village Mixed Use Zone. 2.2 "Native Growth Protection Easement" in the form shown on the attached Exhibit C shall be established in order to preserve and protect the existing stand of fir trees on the site. The Native Growth Protection Easement shall be preserved and maintained in accordance with the provisions of the attached covenant, incorporated by this reference as fully as if herein set forth. 2.3 "Firdale Village Mixed Use Zone" shall mean the proposed Chapter 16.100 ECDC as actually adopted by the City. 3. Purposes. The primary purpose of this Agreement is to preserve and protect the stand of native trees on the north boundary of the site and for the Developer to acknowledge that the covenant protecting such trees by Native Growth Protection Easement has been voluntarily created in order to provide evidence of and in furtherance of the Comprehensive Plan goals referenced herein. The establishment of this Native Growth Protection Easement is the voluntary act of the Developer and serves as consideration for the City's promises as contained herein. 4. Term. 4.1 The term of this Agreement shall be five years following the date of approval of this agreement by the Edmonds City Council. No amendment of this agreement may be undertaken without the express written consent of the parties, and following public hearing. The initial approval of this agreement and any amendment thereof are development agreements adopted pursuant to RCW 36.70B.170 et seq. Because such agreement is by its vesting provision (see 5.2 below) linked to the issuance of a development permit, it is subject to review pursuant to RCW 36.70C of the Revised Code of Washington. 4.2 The obligations established by the parties shall be completed within the five year period, provided, however, that nothing herein shall be interpreted to limit the life of the Native Growth Protection Easement created pursuant to this agreement. The Native Growth Protection Easement shall continue in perpetuity until released by the City. S. Obligations of the Parties. 5.1 The Developer shall, at its cost, within sixty days of the date of approval of this agreement, record the Native Growth Protection Easement in the form shown on the attached Exhibit C in the land records of Snohomish County, Washington. 5.2 Upon recording of the Easement, the Developer shall vest in the right to develop the site in accordance with the terms, standards and requirements set forth in the Firdale Village Mixed -Use Zone, Chapter 16.100 and the Design Standards contained in 22.100 of the Edmonds Community Development Code. Regardless of any change in these provisions of the Code, the Developer shall be vested in the provisions of the Code as it is adopted this date for a period of five years. This vesting right must be exercised by the filing of a fully completed development permit application, with fees fully paid, within the five year period. The development application shall be subject to all requirements of Title 20 of the Edmonds Community Development Code and the procedures and processes established thereunder by such Code as the same exists on the date of this agreement, and shall also be vested for the five year period. 6. Indemnity. 6.1 The Developer agrees to in indemnify and hold harmless the City, its officers, agents and employees from any claim, loss or liability of any kind or nature arising from or out ' of the approval of this Agreement. This promise to indemnify and hold harmless specifically includes the reasonable costs of legal defense by counsel of the City's choosing of this Agreement, and/or of any other claim, loss or liability.arising from the Developer's actions. The indemnitor Developer also waives any immunity which it may have under Title 51 RCW to, but only to, `the extent necessary to indemnify the City, its officers, agents and employees. Nothing herein shall be interpreted to require the Developer to indemnify the City from the intentional wrongful acts of its officers, agents or employees or the concurrent negligence of the City, as determined in accordance with the laws of the State of Washington. 6.2 The City promises to indemnify and hold harmless the Developer, its officers, agents and employees from any claim, loss or liability arising from the negligence, tortious or intentional wrongful or illegal act of the City in the execution of the City's obligations under this Agreement. This promise to indemnify and hold harmless shall include the reasonable costs of legal defense by counsel of the Developer's choosing. The indemnitor City also waives any immunity which it may have under Title 51 RCW to, but only to, the extent necessary to -7777 { t fully indemnify the Developer, its officers, agents and employees. Nothing herein shall be interpreted to require the City to indemnify the Developer from the intentional wrongful acts of its officers, agents or employees, or the concurrent negligence of the Developer as determined in accordance with the laws of the State of Washington. 6.3 These indemnity and hold harmless agreements have been mutually negotiated by the parties as a part of this Agreement. 7. Venue. The sole venue for interpretation and enforcement of this Agreement shall be the Superior Court of Snohomish County, Washington. 8. Reservation of Authority. In accordance with the requirements of RCW 36.708.170, this Development Agreement expressly reserves authority to impose new or different regulations to the extent required by serious threat to public health and safety. 9. Recording. This Agreement shall be recorded with the Snohomish County Auditor at the expense of the Developer. CITY OF EDMONDS By: 61"� -- Mayor M.ke�,'oo ATTEST/AUTHENTICATED: By: .GlLuc� u ( - §andra S. Chase, City Clerk APPROVED RN /" N By: W. Scott Snyder, City Attoq DEVELOPER STATE OF WASHINGTON) COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that e cv is the person who appeared before me, and said person acknowledged that this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:) Notary Public State of Washington CHETUEN FOSTER SIU MY COMMISSION EXPIRES August 10, 2011 NOTARY P BLIC Printed Name: G 1Zy�r�t -slc� My appointment expires: AV Z � t BY: Its: STATE OF WASHINGTON) COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that e cv is the person who appeared before me, and said person acknowledged that this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:) Notary Public State of Washington CHETUEN FOSTER SIU MY COMMISSION EXPIRES August 10, 2011 NOTARY P BLIC Printed Name: G 1Zy�r�t -slc� My appointment expires: AV Z � t EXHIBIT A SITE MAP (NOT TO SCALE) V W.150CK OP DWRCr 2 Al eTRMT TO MVVM A=lr4No4- Al SUN�r.44t 10 P6110 -It I -CUTLNP Of tXSTM 4-ICL'"f CH AWACtAt MCFtiM 14 FfMIONL OF DiSrOCT 2 WHM NO Ah STORY# O SWU EM BUILT Rs a I MON OF "rRZCT 2 AMAS .RIMP tO PF- 4 610RU TALL 25'0'.�-Aj- OF PISTRCM w TO mayce YAI;4AtCN AND flZ7Ul5a.fTy IR wimm DES04 NL AIN RS -8 NO WJ-PM 400YE FUSH Qb HEot 40 t,46r stisAcK DISTRICT 13OUNDARIES FOR Wips wwqm ,ABOVE GRADE BUILDING(S) rEd L31 Am FlIm.aff-m-Mm �,.vTjZwzm LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5, 12, 13, AND 14, FORSHEE'S FIRDALE VILLAGE, AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, ON PAGE 27; EXCEPT THAT PORTION OF SAID LOTS 2, 3, 4, 5, REPLATTED AS FORSHEE'S FIRDALE VILLAGE NO.5, AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, ON PAGE 45; EXCEPT THAT PORTION OF LOT 3, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE ABOVE SAID SOUTHWEST QUARTER; THENCE SOUTH 1-42'29" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, 510.00 FEET; THENCE NORTH 88-26'50" WEST, 75.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88-26'50" WEST, 104.06 FEET; THENCE SOUTH 72-21 '54" EAST, 108.30 FEET; THENCE NORTH 1-33'10" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH VACATED CUL-DE-SAC SHOWN ON THE ORIGINAL PLAT AS 243RD PLACE SOUTHWEST. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.