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15 <br /> T'IME LIMITS - Within a period of three years following the approval of the preliminary <br /> development plan and adoption of this Resolution of Intent to Rezone by City Council,the � <br /> applicant shall file with the Planning Depaztment a final development plan consistent with this <br /> agreement. The Director, for good cause, mxy estend for one year the period for filing of the <br /> fi�al development plan. . <br /> If the applicant fails to apply for final approval for any reason within the time specified in <br /> Subsection 32.160 of the Zonmg Code, the Resolution of Intent to Rezone shal( be void. All <br /> future pertniu shall be subject to the requirements of the basic zoning and subdivision codes <br /> unless a new application for preliminary PRD approval is submitted and approved. <br /> PERFORI�iANCE AGREEMENT REZONES - MAP CHANGE. Upon approval of the final <br /> development plan and construction of the required improvements consistent with this Resolution <br /> of[ntent to Rezone, the Ciry shall give effect to the rezone by adopting an ordinance that makes <br /> the change to the zone boundary or zone classification on the Zoning \�tap that was approved in <br /> the Resolutton of Intent to Rezone. Such an amendment to the Zoning �tap shall be made by <br /> Citv Council adopting an Ordinance which specifically describes the property being rezoned. <br /> USE OF PROPERTY INCONSISTENT WITH THIS RESOLUTION - If any use of the subject <br /> property occun which is i::consistent with the terms of this Resolution, either before, during,or <br /> after construction and installation of all improvements required by this Resolution,this <br /> Resolution shall become void and all entidements to the uses permitted herein shall be forfeited. <br /> Any use of the property inconsistent with the underlying zoning sha!l be deemed a violation of <br /> the Zoning Code and be subject to violation,enforcement, and penalty provisions thereof. <br /> RESOLUTT.ON -A copy of this Resolution shall be recorded with the Snohomish County <br /> Auditor's Office. All conditions, limitations, and terms herein shall be bindinr pon the property <br /> and all future owners, heirs and assigns with any interest in the properry descn� td herein. This <br /> Resolutioa supersedes Resolution No. 416 i, approved by the Everett City Council on September <br /> 13, 1995 <br /> The passage of this Resofution is deemed a final action. <br /> Council Member[nuoducing Resolution <br /> P.4SSED and APPROVED this day of , 19_. <br /> Council President <br /> ATTEST: <br /> City Clerk <br /> s <br /> � 8 <br />