Ordinance 1018-84 - Laserfiche WebLink

+ r ' Section 5: Binding Effect That the provisions of this Agreement shall be binding upon and enforceable against said Owner, the owner' s successors and assigns, and all subsequent owners, their respective heirs, successors and assigns of the property herein described. Section 6: Recording That an executed copy of this Agreement shall be recorded with the Snohomish County Auditor for the purpose of subjecting 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 and assigns. Section 7: Change of Ownership That, in the event there is a change in ownership, it is the responsibility of the new owner to notify the City' s Planning Department in writing within ten ( 10) days of the effective date of the change. Section 8: Legislative Power That nothing herein shall be construed as being agreed to in consideration for said rezone, nor does the City relinquish its legislative power with respect to said rezone in consideration for this Agreement. 1 Section 9: Concomitant That this Agreement is concomitant with Exhibit "A" , the ! ordinance zoning the herein described property to C-1 General Commercial Zone. Section 10: Enforcement a. That any violation of this Agreement by the Owner, the owner's successor and assigns, and all subsequent owners, their respective heirs, successors and assigns shall be considered a violation of the City' s Zoning Ordinance and shall be subject to all applicable penalties. b. That 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 be a public nuisance. The City is hereby authorized to apply to any court of competent jurisdiction [ for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent hinjunction restraining any person, firm and/or corporation from violating any of the provisions of this Agreement, and compelling compliance with the provisions thereof. c. That the penalty and enforcement provisions provided herdin shall not be exclusive and the City may pursue any action , remedy or relief it deems appropriate. d. That, in the event the City is required to seek enforcement of any of the provisions of this Agreement by filing an !, action in court, and the City if successful in obtaining said enforcement, owner , owner' s heirs, successors and assigns and all subsequent owners, their respective heirs, successors and assigns agree to pay all costs and reasonable attorney' s fees incurred by the City.