2006/11/29 Council Agenda Packet

I 7 Any modifications to building design,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 Council wishes to approve the requested modification. Major modifications include,but are not limited to, changes to elevation drawings,roof pitch, appearance of exterior details and implied materials,reduction of environmental protection and storm water abatement facilities below the minimum required by Code and change to or reduction of other architectural details not mentioned here but depicted in the attachments. 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 The Company,shall leave The Company responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, construction and use of the Property is inconsistent with the terms of this Agreement, all entitlements to the B-2 and R-2A zones shall be forfeited, and any use inconsistent with the B-2 and R-2A zones 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. 01. 4