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TIME 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 Department a final development plan consistent with this <br /> agreement. The Director, for good cause,may extend for one year the period for filing of the <br /> final 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 Zoning Code,the Resolution of Intent to Rezone shall be void. All <br /> future permits 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 /> PERFORMANCE AGREEMENT REZONES - MAP CHANGE. Upon approval of the final <br /> development plan and construction of the required improvements consistent with this Resolution <br /> of Intent to Rezone, the City 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 Map that was approved in <br /> the Resolution of Intent to Rezone. Such an amendment to the Zoning Map shall be made by <br /> City 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 occurs which is inconsistent 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 entitlements to the uses permitted herein shall be forfeited. <br /> Any use of the property inconsistent with the underlying zoning shall be deemed a violation of <br /> the Zoning Code and be subject to violation, enforcement, and penalty provisions thereof <br /> RESOLUTION -A copy of this Resolution shall be recorded with the Snohomish County <br /> Auditor's Office. All conditions, limitations, and terms herein shall be binding upon the property <br /> and all future owners, heirs and assigns with any interest in the property described herein. This <br /> Resolution supersedes Resolution No. 4167, approved by the Everett City Council on September <br /> 13, 1995 <br /> The passage of this Resolution is deemed a final action. <br /> 11f Air 4°F <br /> Co '"fie - ntrod''i 4"solution <br /> PASSED and APPROVED this /A/c' day of �a... , 19 97 <br /> ouncil resident <br />