Ordinance 1343-87 - Laserfiche WebLink

I I 7• RECORDING i I , This Agreement shall be filed in the records of the Snohomish County II Auditor for the purpose of subjecting the property to the restrictions, conditions and limitations herein set forth which are intended and shall be deemed to be covenants running with the land and binding upon the owners, their successors, tenants and assigns. 8. ENFORCEMENT j a. Any violation of this Agreement by the Owners, their successors tenants or assigns, shall be considered a violation of the 11 Zoning Code of the City of Everett and shall be subject to all applicable penalties. Provided, that no personal liability shall accrue against any party hereto, except for a violation specifically affecting property owned by such party. The personal liability of any party shall terminate upon the sale of its equitable interst in the property to another party. 1 b. Any building or structure set up, erected, built, moved or maintained, or any use of property contrary to the provisions of this Agreement, shall be and the same is hereby declared to 1 be a public nuisance. 1 c. The City is hereby authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for j cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm/or corporation from 11 violating any of the provisions of this Agreement, and i compelling compliance with the provisions thereof. d. The penalty and enforcement provisions provided herein shall not be exclusive and the City may pursue any action, remedy or �I relief it deems appropriate. I I 9. CONSTRUCTION OF AGREEMENT This Agreement is concomitant with the action of the City of Everett 11 zoning the property to the C-1 classification. Nothing here shall be construed as being agreed to in consideration for said zoning, nor does the City relinquish its legislative power with respect to said I, zoning in consideration for this Agreement. li 10. NON-WAIVER li The waiver by any Owner or the City of the breach of a provision of this Agreement by the other party will not operate or be construed as H a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. i j! 11 . EFFECTIVE DATE 1 This Agreement shall become effective only upon the occurrence of all the following: I 1) The zoning ordinance affecting the subject property becoming effective; 2) The property owner(s) identified herein have executed this Agreement and submitted it to the City within thirty days of 'i the date of passage of the subject zoning ordinance affecting the subject property; and 3) The City has executed this Agreement. 11 H i -3- it