Ordinance 3013-07 - Laserfiche WebLink

2.2. Any modifications to use of the property (the main campus) other than commonly associated with"church use," or sign design, or functional use, or operational characteristics of the sign not allowed herein, shall be deemed to constitute a breach of this agreement. 2.3 Requests for modification to this Development Agreement deemed major modifications shall be carried out under the same process that led to its formation, i.e. Planning Commission recommendation followed by a hearing before the City Council to determine if Council wishes to approve the requested modification. Major modifications include, but are not limited to, changes in design and location so the sign appears substantially modified from its appearance as shown in Exhibit A, or functional characteristics such as flashing, graphics other than simple contrasting text, or messages changing more frequently than one (1) hour. Modifications the City deems "minor" may be submitted to the Planning Director for consideration and administrative approval. 2.4. Violation—Enforcement. In the event of any action to enforce this Agreement by the City, or on account of any default or breach of this Agreement by The Company, shall leave The Company responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, construction and use of the Property is inconsistent with the terms of this Agreement, all entitlements to the B-2 zone shall be forfeited, and any use inconsistent with the B-2 zone (church use only), shall be deemed a violation of the Zoning Code and be subject to all violation, enforcement and penalty provisions associated with the violation of the City Zoning Code. 3