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i 0. CHANGES DURING CONSTRUCTZON <br /> � <br /> ( The Otmers agree that all layo��t, development, and maintenance shall be <br /> per this Agreement and the approved site plan. Aowever, should the <br /> I Owner desire to make any changes during construction in the approved ; <br /> � H site plan or terms of this Agreement, said Ouner shall bring this to <br /> ca <br /> � '� � the immediate attention of the City's Planning Director or City <br /> Engineer. If, after revlewing a detailed site plan, the Plann n6 <br /> � � � , Director or City Engineer determine that the change proposed is not <br /> H substantial� (meaning a change of 10$ or less), the Planning Director <br /> � �' � or City Engineer may authorize the ch in er thee requestedn changeP isioa <br /> y x I nin Director or City Eng <br /> � of the Plan g <br /> ro y H substantial change� the Owner shall ba required to go to the Hearing <br /> � � � Examiner to seek authorization for the proposed change. The Planning <br /> Director's or City Engineer's ruling may be appealed to the Hearing <br /> Examiner. In any event, anytime a change results in a substantial <br /> � � � � change to the terms or requirements of this Agreement, this Agree�aent <br /> H � <br /> must be amended by written amendments hereto duly executed by the owner <br /> � y � ,�, and the City's Nayor• <br /> N H <br /> N i <br /> � � y p. RECORDING <br /> r <br /> ,� y This Agreement sha11 be filed in the records of the Snohomish County <br /> Auditor for the purpose of sub,jecting the property to the restrictions, <br /> conditions and limitations herein set forth which are intended and <br /> shall have the force and effect of deed restrictions and shall be <br /> deemed to be covenants running with the land and binding upon the <br /> �I Owners� tl':eir successors, tenants and assigns. <br /> Q. ENFORCEMENT <br /> 1. Any violation of this Agreement by the Owners, their successors, <br /> tenants oc assigns, shail be considered a violation of the Zonin� <br /> Code of the City of Everett and shall be sub�ect to a11 <br /> applicable penalties. <br /> I�,_�'r 2. Any building or sL-ructure set up, erected� built� moved or <br /> �,� maintained, or any use of property contrary to the provisions of <br /> • � t this Agreement, shall be and the same is hereby declared to be a <br /> ' , public nuisance. <br /> �� <br /> I �,� � 3. The City is hereby authorized to apply to any court of competent <br /> � , jurisdiction for and such court, upon henring and for cause <br /> i <br /> shown� may grant a prellminary, temporary or permanent in�unction <br /> f�,� � restraining any person, firm and/or corporaCion from violating <br /> ��� any of the provisions of this Agreemer�t, �nd compelling <br /> compliance with the provisions thereof. <br /> 4. The penalty and enfarcement provisions proviced herein shall net <br /> i �� be exclusive and the City may pursue any action, remedy or relief <br /> 'i , it deems appropriate. <br /> . e �; g. CONSTRUCTION OF AGREEMENT <br /> ...� �'. ± <br /> This Agreement is concomitant with the action of the City of Everett <br /> I � zoning the property to the B-2 classification. Nothing herein ahall be <br /> construed as 6eing agreed to f.n consideration for said zoning� nor does <br /> I � � the City relinqulsh its legislative power with respect to said zoning <br /> �� i� <br /> in consideration for this Agreement. <br /> I <br /> ; S. NON-WAIVER <br /> The waiver by the Owner or the City of the breach of any provision of <br /> this Agreement by the other party wi11 not operate or be construed as a <br /> �1i Naiver of any subsequent breach by either party or prevent either party <br /> from thereafter enforcing any such provision. <br /> I CONCOMITANT AGRGEMENT - � <br /> . I <br /> iI <br /> � <br /> I <br />