Laserfiche WebLink
13 <br />Nothing in this Agreement shall be construed to limit the authority or the obligation of <br />the City to hold legally required public hearings, or to limit the discretion of the City and <br />any of its officers or officials in complying with or applying the Development Standards. <br />E. Extensions. Extensions to the Buildout Period of up to five years each may be <br />authorized by mutual written agreement of the parties, with the first extension <br />approved and signed on behalf of the City by the Mayor and any subsequent extension <br />approved on behalf of the City by the Everett City Council and signed by the Mayor. The <br />extension of the Buildout Period (and term of this Agreement) shall be formalized by an <br />amendment to this Agreement without any additional process under Section 6 above. <br />8. GENERAL PROVISIONS <br />A. Notices. Any notice, request, direction or other communication under this Agreement <br />shall be either (1) in writing delivered by first class mail, properly addressed and with the <br />required postage or (2) by electronic mail. Notices to the City must be delivered to the <br />City of Everett Planning Director at the current Planning Director address. Notices to the <br />EHA must be delivered to the Executive Director of the Everett Housing Authority at the <br />current Executive Director address. Receipt shall be deemed to have occurred on the <br />date of delivery, or on the date of sending the electronic mail. <br />B. Recording; Binding on Successors and Assigns. This Agreement and any amendments <br />thereto shall be recorded with the Snohomish County Auditor's office, as necessary to be <br />disclosed on title documents for the Property, and shall run with the land as binding on <br />the parties and their successors and assigns. When this Agreement refers to EHA, that <br />reference includes its successors and assigns. It is mutually agreed that the terms of this <br />Agreement touch and concern the land and shall be covenants running with the land. <br />C. Termination of Agreement. This Agreement shall terminate upon the expiration of the <br />term identified in Section 8.K or when the Property has been fully developed, which ever <br />first occurs, and all of the EHA’s obligations in connection therewith are satisfied as <br />determined by the City. Upon termination of this Agreement, the City shall record a <br />notice of such termination in a form satisfactory to the Office of the City Attorney that <br />the Agreement has been terminated. <br />D. Approval of All Property Owners Required for Requested Modifications. The City has no <br />obligation to consider or process any request from any Property owner for modifications <br />under Section 6 above unless such a request is approved in writing by all fee-interest <br />owners of Property subject to this Agreement. <br />E. Process and Form of Amendment. Amendments to this Agreement must be in accordance <br />with Section 6 above. To be effective, any amendment to this Agreement must be signed <br />by the Mayor of the City on behalf of the City and by the Executive Director on behalf of <br />the EHA. <br />F. Enforcement. The Development Standards may be enforced by the City pursuant to EMC <br />Chapter 1.20 or successive code, and EHA agrees that the City may withhold Project <br />permits and administrative approvals pending compliance. Other than Development <br />Standards, this Agreement shall be interpreted according to principles of contract law, to