Resolution 5248 - Laserfiche WebLink

Design, performance and other substantive elements of this Agreement shall remain in force in perpetuity, unless otherwise modified by the City upon request by the County. 5.2 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. 5.3 DISPUTES: In the event of any action to enforce this Agreement, for the interpretation or construction of this Agreement, or on account of any default 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. 5.4 ENTIRE AGREEMENT; AMENDMENTS: This Agreement sets forth the entire agreement of the parties. This Agreement shall be constructed 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. 5.5 NON-WAIVER; SEVERABILITY: 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. The invalidity or unenforceability of any provisions of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 5.6 RECORDING — IMPLEMENTATION AND PERFORMANCE; BINDING ON SUCCESSORS AND ASSIGNS: Each party shall take such action (including, but not limited to the execution, acknowledgment and delivery of documents) as may be reasonably requested by the other party for the implementation or continuing performance of this Agreement. This Agreement shall be recorded on the property, in the county auditor's office, as necessary to be disclosed on title documents for the property and shall be binding on the parties and their successors and assigns. It is mutually agreed that the terms of this Agreement touch and concern the land and shall be covenants running with the land. 5.7 ENFORCEMENT OF AGREEMENT: A violation of any provision of this Agreement shall constitute a violation of the City of Everett Zoning Code. The County agrees that the City may withhold permits and administrative approvals pending compliance. Further, the City retains all other rights and remedies that it may have in law or equity in the event of a breach by the County of the terms of this Agreement. Development Agreement Page 12 Snohomish County Campus Redevelopment Initiative