Resolution 5703 - Laserfiche WebLink

5.2 CHANGE OF DEVELOPER. The approval granted herein shall be binding upon the Port and its development partner, Maritime Trust, and any heirs or assigns. 5.3 TERM: The term of this Agreement shall continue at a minimum through the Buildout Period, and shall continue after the Buildout Period unless and until the City gives a notice of termination. The City shall mail notice of termination to the Port under Section 5.4. No sooner than three (3) months after delivery of the notice of termination, the City shall hold public hearing(s) and shall adopt whatever zoning standards for the Property determined appropriate by the City. Such zoning standards shall consist of a continuation of the zoning standards in this Agreement, modification of such zoning standards, or new zoning standards. Upon such adoption, this Agreement shall terminate and thereafter the Property shall be governed by the newly adopted zoning standards. 5.4 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 Director of Planning and Community Development and the Executive Director of the Port of Everett. Receipt shall be deemed to have occurred on the date of delivery, or on the date of a confirmed facsimile. 5.5 ENFORCEMENT; INTERPRETATION; DISPUTES: This Agreement and the PDO-WC zoning designation represent the zoning standards for the Property and, therefore, this Agreement and the PDO-WC zoning designation shall be enforced in accordance with the provisions of EMC Chapter 1.20 and interpreted by the Planning and Community Development Director(or his successor) in accordance with the provisions of the EMC, as these provisions of the EMC may hereafter be amended. A violation of any provision of this Agreement shall constitute a violation of the City of Everett Zoning Code, Title 19 EMC. The Port agrees that the City may withhold permits and administrative approvals pending compliance. For any disputes arising under this Agreement not subject to the above-cited provisions of the Everett Municipal Code, the parties retain all rights available under the law to resolve such disputes through negotiation and, if negotiation fails, through legal action. The venue for such action shall be in Snohomish County Superior Court. In any such action, each party shall have all rights and remedies provided by law to enforce this Agreement including, without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. 5.6 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 provisions of this Agreement shall be valid unless set forth in writing and signed by both parties. 5.7 NONWAIVER: 19