2017/04/19 Council Agenda Packet

13 1_6 The gate at the rear of parcel 280530-004-001-00,which currently allows pedestrian connection from 127th Place SE onto the subject property,may be removed and replaced with fencing and landscaping. 1_7 Access for the property from 19th Avenue SE shall be from a single common driveway, unless otherwise determined by the City Traffic Engineer_ PART TWO—TERMS AND CONDITIONS 21 Modification—Maj or/Minor. Requests for modification to this Development Agreement deemed major modifications shall be carried out under the same process that led to its formation,ie_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 other than"office"or"clinic"allowed in the C-1 zone,or reconstruction I replacement of the structure(s)on the property that would violate conditions set forth herein. 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 Agement by the owners,the owners shall be responsible for the City's costs and attorneys fees_ The venue for such action shall be in Snohomish County Superior Court_ Further,if construction or use of the property is found to be inconsistent with the terms of this Agreement,all entitlements to the C-1 zone shall be forfeited, and any use inconsistent with this Agreement shall be deemed a violation of the Zoning Code and shall be subject to all violation,enforcement and penalty provisions associated with the violation of the City's Zoning Code. 2.4. 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 provision of this Agreement shall be valid unless set forth in writing and signed by both parties_ 25. Non-waiver; Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance;rather;the same shall be and remain in full force and effect The invalidity or unenforceability of.any provision of this Agreement shall not act the other provisions hereof, and this Agreement shall be construed in.all respects as if such invalid or unenforceable provisions were omitted. 2.6_ Recording; Binding on Successors and Assigns_ This Agreement shall be recorded against the Property and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties_ 88 Page 9 of 14