Resolution 6814 with exhibits - Laserfiche WebLink

Any notice, request, direction or other communication under this Agreement shall be in writing and shall be delivered by first class mail, properly addressed and with the required postage, or by facsimile, to the Director of Planning and Community Development and the Executive Director of the Port of Everett. Receipt shall be deemed to have occurred on the date of delivery, or on the date of a confirmed facsimile. 5.5 ENFORCEMENT; INTERPRETATION; DISPUTES_ This Agreement and PDO-WC zoning designation represent the zoning standards for the Property and, therefore, this Agreement and the PDQ-WC zoning designation shall be enforced in accordance with the provisions of EMC Chapter 1.20 and interpreted by the Planning and Community Development Director (or his successor) in accordance with the provisions of the EMC, as these provisions of the EMC may hereafter be amended. A violation of any provision of this Agreement shall constitute a violation of the City of Everett Zoning Code, Title 19 EMC. The Port agrees that the City may withhold permits and administrative approvals pending compliance. For any disputes arising under this Agreement not subject to the above-cited provisions of the Everett Municipal Code,the parties retain all rights available under the law to resolve such disputes through negotiation and, if negotiation fails, through legal action. The venue for such action shall be in Snohomish County Superior Court. In any such action, each party shall have all rights and remedies provided by law to enforce this Agreement including, without limitation, damages, specific performance or writs to compel performance or require action consistent with this agreement. 5.6 ENTIRE AGREEMENT; AMENDMENTS This Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment, change or modification of any provisions of this Agreement shall be valid unless set forth in writing and signed by both parties. 5.7 NONWAIVER The failure of either party to enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. 5.8 COVENANT NOT TO CONTEST The parties have entered into this Agreement voluntarily, after full consultation with their own respective independent counsel and consultants, and both parties agree not to contest the validity of this Agreement, directly or indirectly, in any administrative or judicial proceeding, now or at any time in the future; notwithstanding the foregoing, the Port reserves the right to challenge the enforcement of, or an interpretation of this Agreement by the City. Both parties agree to appear and defend this Agreement in the event of legal challenge by a third party. 22IPage