Resolution 5075 - 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 resolution and ordinance changing the land use designations and rezoning the property becomes effective. Hofmann 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 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 Hofmann, Hofmann shall be responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, is use of the Property is inconsistent with the terms of this Agreement, all entitlements to the B-2 uses herein shall be forfeited, and any use inconsistent with the R-2 zoning shall be deemed a violation of the Zoning Code and be subject to all violation, enforcement and penalty provisions associated with the violation of the City Zoning Code. 2.3 Entire Agreement; Amendments. This Agreement sets forth the entire agreement of the parties. 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 both parties. 2.4 Non-waiver; Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise S:\BLarsen\FILES\reOhol2.DOC 3 Everett/7.12.01