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A. Landscaping <br /> B. Berming • <br /> C. , Noise <br /> D. Access Configuration <br /> E. Traffic Improvements/Impacts <br /> F. Lighting <br /> G,. Air Quality <br /> H. Drainage <br /> I. Relationship to Adjacent Land Uses <br /> ,Owner will be required to make formal application to the City for all <br /> subsequent phases and will be required to comply with all codes, ordinances and <br /> regulations in effect at the time of application. The City agrees with the concept <br /> of expanding the Owner's facilities as proposed in Phase II, as long as the issues <br /> identified above are adequately addressed and appropriate mitigation measures are <br /> implemented. <br /> Section 9: BINDING EFFECT. That the provisions of this Agreement <br /> shall be binding upon and enforceable against said Owner, the Owner's successors <br /> and assigns, and all subsequent owners, their respective heirs, successors and <br /> assigns, of the property herein described. <br /> Section 10: RECORDING. That an executed copy of this Agreement <br /> shall be recorded with the Snohomish County Auditor for the purpose of subjecting <br /> the subject property to the restrictions, conditions and limitations herein set forth <br /> whilch are intended and shall be deemed to be covenants running with the land and <br /> binding upon the Owners, their successors and assigns. <br /> Section 11: CHANGE OF OWNERSHIP. That in the event there is a <br /> change in ownership, it is the responsibility of the new owner to notify the City's <br /> Planning Department in writing within ten (10) days of the effective date of the <br /> change. <br /> Section 12: LEGISLATIVE POWER. That nothing herein shall be <br /> construed as being agreed to in consideration for said rezone, nor does the City <br /> relinquish its legislative power with respect to said rezone in consideration for this <br /> Agreement. <br /> Section 13: CONCOMITANT. That this Agreement is concomitant with <br /> Exhibit "A," the ordinance zoning the herein described property to M-M. Medium <br /> Manufacturing Zone. • <br /> Section 14: ENFORCEMENT. <br /> A. That any violation of this Agreement by the Owner, the Owner's <br /> successor and assigns, and all subsequent owners, their respective heirs, successors <br /> and assigns shall be considered a violation of the City's Zoning Ordinance and shall <br /> be subject to all applicable penalties. <br /> -6- <br />