2005/08/24 Council Agenda Packet

I. > entitled to apply for one (1)five(5) year extension of this Agreement. Such application shall be made in writing to the City's Planning Director explaining the reasons for such request. In authorizing any such extension,which shall be purely discretionary, the Planning Director is authorized to impose new conditions that are consistent with then existing City regulations and State and federal law. 3.3 Notices. 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 intended recipient at the address included below. Receipt shall be deemed to have occurred on the date of delivery, on the date of a confirmed facsimile. 3.4 Disputes. In the event of any action to enforce this Agreement, for the interpretation or construction of this Agreement, or on account of any dDefault or breach of this Agreement, the parties shall first submit any dispute to mediation. In the event that mediation is unsuccessful, any party may file a formal legal action. The venue for such action shall be in Snohomish County Superior Court. 3.5 Entire Agreement; Amendments. This Agreement sets forth the entire agreement of the parties and restates and amends cedes the Development Agreement by and between the parties dated March 28,2000. This Agreement shall be construed as a whole. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by the applicable both-parties. 2004 Revised Development Agreement .. .•• • --• 8 8 _- _ . _. ;. � ...._..... - .,. -�. _ '...� . .. _. a-. a _. .�. __• •.. - .._...... .. a. __ 34 8/1/20057/18/20057/14/20056/5120056/520055/3/20054/1 1/200512/28/200110/18/20016/21/20016/19/20044!5/20018/182003