Ordinance 3087-08 - Laserfiche WebLink

PART TWO—TERMS AND CONDITIONS 2.1 Effective Date—Revisions. This Agreement shall not become effective until it is fully executed. The Owners shall be entitled to apply for a major revision to this Agreement under the same rules,regulations and fee provisions governing rezones in affect at the time of such application, as if this Agreement were null and void and the Owners were starting from anew. 2.2. Any use or terms of use of the building(s), and terms of use not specifically granted herein, shall be grounds for the ordering of such use to "cease and desist." Any use or use standard not authorized as provided herein shall be deemed to constitute a breach of this Agreement. 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,uses or standards not allowed in the B-1 zone or specified B-2 zone uses listed here in. Non-listed uses, standards and terms the City deems"minor"may be submitted to the Planning Director for consideration and administrative approval. 2.3. 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 one or the other of the Owners, shall leave that owner(s) responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, if use or terms of use of the Property is inconsistent with provisions found in this Agreement, all entitlements to the B-2 (Community Business) zone listed herein shall be forfeited, and any use inconsistent with terms found herein shall be deemed a violation of the Zoning Code, and shall therefore be subject to 3