2010/06/16 Council Agenda Packet

FA ILI 2.2.. Noncompliance — Enforcement. Any B-2 or R-2 uses occurring on the site not related to or commonly associated with Mission use; or uses of the property other than those defined herein, shall be grounds for enforcement action. Any modifications not authorized as provided herein shall be deemed to constitute a breach of this Agreement and constitute a violation of the City's Zoning Code. 2.3. Modification —,Major / Minor. 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, uses allowed in the B-2 zone other than the permitted use of an office for the Everett Gospel Mission and R-2 uses. Rebuilding of the existing building would be considered a minor amendment. Modifications the City deems "minor" may be submitted to the Planning Director for consideration and administrative approval. 2.3. Violation — Enforcement. Any action to enforce this Agreement by the City, or any default or breach of this Agreement by the Mission, shall leave the Mission responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, if use of the property, including structure(s), yard or parking is inconsistent with the terms of this Agreement, all entitlements to the 13-2 zone shall be forfeited, and any use inconsistent with the B-2 zone shall be deemed a violation of the Zoning Code. Uses or changes to the sign deemed inconsistent with this Agreement by the City. In both cases such violation and / or inconsistency shall be subject to all violation, enforcement and penalty provisions associated with violations of the City's Zoning Code. s•