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,= • .. <br /> " � ti. . Landscaping <br /> B. Berming <br /> ' � C. N.oise <br /> D. Access Configuration <br /> E. Traffic Improvements/Impacts <br /> F. Lighting <br /> f;. Air Quality <br /> H. Drainage <br /> I. Relaticnship to Adiacent Land Uses <br /> Owner will be required to make formal agplication to the City for all <br /> subsequent phases and will be required to comply with ell codes, ordinances and <br /> regulations in effect at the time of application. The City agrees with the concept <br /> of expanding the Owner's facilities tu proposed in Phese II, as long as the issues <br /> identified above are adequately addressed end ap�ropriate mitigation measures are � <br /> implemented. <br /> Section 9: BINDING EFFECT. That the provisious of this Agreement <br /> shall be binding upon and enforceable against said Owner, the Owner's successor� <br /> � and cssigns, end a11 subsequent owners, their respective heirs, suceessors and <br /> assigns, of the property herein described. <br /> Section 10: RECORDING. That an executec', copy of this Agreement <br /> shall be recorded with the Snohomish County Auditor for the purpose of subjecting <br /> the subject property to the restrictions, conditions and limitations herein set forth <br /> which are intended and shall be deemed to be covenants running with the land and <br /> bin�ing upon the Owners, their successors and assigns. <br /> Section 11: CHANGE OF OWNERSHIP. That in the event there is a <br /> changa in ownership, it is the responsibility of the new owner to notify the City's <br /> Planning Department in writing within ten (10) dgys of the effective date of the <br /> chenge. <br /> Section 12: LEGISLP_TNE PO�VER. That ncthing herein shal�. be <br /> � construed as being agreed to ir. consideration for said rezone, nor does the City <br /> relinquish its legislative power with respect to said rezone in consideration for this <br /> Agreement. <br /> Section 13: COI3COMITANT. That this Agreement is concomitnnt with <br /> Exhibit "A," the ordinance zoning the herein described property to M-M, Medium <br /> Manufactucing Zone. ' <br /> Seetion 14: ENFORCEMENT. <br /> A. That any violation of this Agreement by the Owner, the Owner's <br /> /~ successor and assigns, and all subsequent owners, their respective heirs, sLccessors <br /> � eind essigns shall be const�lered a violatiun of the City's Zoning Ordinance and shall <br /> be subject to all applicable penalties. <br /> -6- <br />