Resolution 5363 - Laserfiche WebLink

PART TWO — TERMS AND CONDITIONS 2.1 Effective Date — Revisions. This Agreement shall not become effective until it is fully executed and the accompanying ordinance changing the land use designations and rezoning the property becomes (concurrently) effective. Singh shall be entitled to apply for a revision to this Agreement under the same rules, regulations and fee provisions governing rezones in affect at the time of such application. 2.2. Any modifications to the site plan, either during the permitting phase or the physical project construction phase, shall be grounds to halt the project with a "Stop Work Order." Any modifications 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 it wishes to approve the requested modification. Major modifications include, but are not limited to, deleting residential units, reducing the building foot print, reduction of parking places, reduction of environmental protection and storm water abatement facilities and change to or reduction or simplification of the architectural details, including the clock, as depicted in Exhibit "B." Modifications 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 Singh, Singh shall be responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, if use of the Property is inconsistent with the terms of this Agreement, all entitlements to the B-1 S:\BLarsen\rezones\re2bal8devagmt.DOC 3 Everett/7.9.03