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Section 6. City's Obligations. In consideration of the Owner's fulfillment of Owner's <br /> obligations as set forth herein, and except as otherwise provided in this Agreement, the City <br /> shall discontinue all current enforcement of the notice(s) of violation and other enforcement <br /> document(s) attached to this Agreement. <br /> Section 7. Violations. The Owner acknowledges and agrees that, in the event that <br /> the City determines that the Owner has breached this Agreement or otherwise does not meet <br /> the obligations of this Agreement by failing to fully, completely and timely perform any of the <br /> conditions set forth herein, the City's obligations under this Agreement shall be null and void <br /> and the provisions of this section shall instead apply. In such event, the City may in its sole <br /> discretion proceed with any, some or all of the following remedies, as well as any other remedy, <br /> claim or cause of action authorized by law: <br /> A. The City may impose any remedy authorized by Chapter 1.20 EMC, <br /> including issuance of civil penalties and assessment of all costs and expenses incurred by the <br /> city to pursue code enforcement. <br /> B. The City may initiate criminal code enforcement proceedings against the <br /> Owner for violation of any applicable EMC provision. <br /> C. The City may enter the Property and perform abatement of the violation <br /> by the City, and assess the costs incurred by the City to pursue code compliance and to abate <br /> the violation, including reasonable legal fees and costs, all without having to obtain a warrant <br /> or other court order. The City shall notify the Owner at least 24 hours before each such entry. <br /> Notification may be provided orally or in writing. <br /> D. If a penalty is assessed, and if any assessed penalty, fee or cost is not <br /> paid, the City may charge the unpaid amount as a lien against the property where the code <br /> violation occurred, and that the unpaid amount may be a joint and several personal obligation <br /> of all persons responsible for the violation(s). <br /> E. The City may suspend, revoke, or limit any development permit obtained <br /> or to be sought by the person responsible for the code violation(s). <br /> Section 8. Waiver of Hearing, Claims, Defenses and Objections. In the event the City <br /> takes any action pursuant to Section 7 and/or otherwise enforces this Agreement, the Owner <br /> agrees that the Owner shall be, to the maximum extent allowed by law, deemed to have <br /> waived any and all claims, legal defenses and objections with respect thereto, including but not <br /> limited to the defenses of laches, estoppel, and statutes of limitation. The Owner further <br /> expressly waives, to the maximum extent allowed by law, the benefit of any processes or <br /> procedural rights, specifically including without limitation any right to a hearing, set forth in any <br /> provision of the United States Constitution, the Washington Constitution, the Revised Code of <br /> Washington, the Washington Administrative Code and the Everett Municipal Code with respect <br /> to any such action by the City. <br /> Page 5 of 7 <br />