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• <br /> .#9 c Said 9. That the applicant shall contribute funds not to exceed $20,000 for <br /> fee shall he the purchase of a traffic signal controller and related peripherals <br /> placed in an for the intersection of Beverly Blvd. and Broadway. <br /> escrow or set 10. That the egress from the parking lot to Beverly Blvd. shall be <br /> aside in an limited to right hand turn only. <br /> account accep- <br /> table to the 11 . That the applicant shall vacate that portion of Spokane Drive lying <br /> city prior to the south of the easterly extension to South Broadway. <br /> issuance of a <br /> That the development shall conform to the site plan submitted on <br /> public works 12. <br /> de * ,'rmit October 14, 1983. Any modifications determined as substantial by <br /> p.. p the Planning Director shall activate additional hearings by the <br /> or installation City's Hearing Examiner to amend the site plan and attached <br /> of the above concomitant agreement. <br /> described sig- <br /> nal improve- 13. The applicant shall provide directional signing to route customer <br /> rn ent which- traffic to Beverly Blvd. or Broadway. <br /> ever comes <br /> first 14. BINDING EFFECT. That the provisions of this Agreement shall be <br /> binding upon and enforceable against said Owner, the Owner's <br /> successors and assigns, and all subsequent owners, their respective <br /> // heirs, successors, and assigns, of the property herein described. <br /> 15. RECORDING. That an executed copy of this Agreement shall be <br /> recorded with the Snohomish County Auditor for the purpose of <br /> subjecting the subject property to the restrictions, conditions and <br /> limitations herein set forth which are intended and shall be deemed <br /> to be covenants running with the land and binding upon the Owners, <br /> their successors and assigns. <br /> 16. LEGISLATIVE POWER. That nothing herein shall be construed as being <br /> agreed to in consideration for said rezone, nor does the City <br /> relinquish its legislative power with respect to said rezone in <br /> consideration for this Agreement. <br /> 17. CONCOMITANT. That this Agreement is concomitant with the ordinance <br /> zoning the herein described property to C-1 General Commercial. <br /> 18. ENFORCEMENT. <br /> A. That any violation of this Agreement by the Owner, the Owner's <br /> heirs, successor and assigns, and all subsequent owners, their <br /> respective heirs, successors and assigns shall be considered a <br /> violation of the City's Zoning Ordinance and shall be subject to <br /> all applicable penalties. <br /> B. That any building or structure set up, erected, built, moved or <br /> maintained or any use of property contrary to the provisions of <br /> this Agreement, shall be and the same is hereby declared to be a <br /> public nuisance. <br /> The City is hereby authorized to apply to any court of competent <br /> jurisdiction for and such court, upon hearing and for cause shown, <br /> may grant a preliminary, temporary or permanent injunction <br /> restraining any person, firm and/or corporation from violating any <br /> of the provisions of this Agreement, and compelling compliance with <br /> the provisions thereof. <br /> C. That the penalty and enforcement provisions provided herein <br /> shall not be exclusive and the City may pursue any action remedy or <br /> relief it deems appropriate. <br /> -6- <br />