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• f . <br /> 1 <br /> 1 <br /> 13. A preconstruction meeting on the Civil Engineering project involving the <br /> 1 Applicant, job superintendent, contractor, all subcontractors and City staff is <br /> required prior to approval of a Public Works Permit. <br /> i <br /> 14. An agreement reiterating the above conditions shall be concomitant with the <br /> rezone and shall be signed by owner within five days of City Council approval or <br /> I be subject to rehearing by Hearing Examiner and City Council. <br /> 15. That the conditions and covenants to the Wilmington Street Vacation Ordinance <br /> No. 7 y 7-X( are incorporated herein by reference and become conditions of <br /> this concomitant agreement. (See Attachment No. 1-B and 1-C.) <br /> 16. Legal Requirements <br /> The Owners and their successors and assigns shall comply with all city, state and <br /> federal laws, rules and regulations applicable to the development, sale and <br /> maintenance of the subject property. <br /> 17. Recording <br /> This agreement shall be filed in the records of the Snohomish County Auditor for <br /> the purpose of subjecting the subject property to the restrictions, conditions and <br /> limitations herein set forth which are intended and shall have the force and <br /> effect of deed restriction and shall be deemed to be covenants running with the <br /> land and binding upon the Owners, their successors and assigns. <br /> 18. Enforcement <br /> Any violation of this agreement by the Owners of their successors or assigns shall <br /> be considered a violation of the zoning ordinance of the City of Everett and shall <br /> be subject to all applicable penalties. In addition to said remedies, the City may <br /> also elect to bring such action or actions as will accomplish specific performance <br /> of this agreement. <br /> 9. This agreement is concomitant with Ordinance No. 7/-7-y,3 of the City of <br /> Everett rezoning the above-described property to B-2, Commercial Shopping <br /> classification. Nothing herein shall be construed as being agreed to in <br /> consideration for said rezone, nor does the City relinquish its legislative power <br /> with respect to said rezone in consideration for this agreement. <br /> IN WITNESS WHEREOF, the Owners have caused these presents to be executed <br /> n their name and the City of Everett has caused the same to be duly executed by its <br /> ayor, the date and year first above written. <br /> •WNERS: CITY OF EVERETT <br /> � <br /> -, - mont ustries, Inc. <br /> islierw, Akilif/ !'ef.--- <br /> :etty Curran, President William E. Moore, Mayor <br /> / <br /> `�r. ""' n S, . '4""i -I <br /> I <br /> STATE OF WASHINGTON) <br /> ss <br /> COUNTY OF SNOHOMISH) <br /> 1 On the 15th day of July, 1981, before me, the undersigned, a Notary Public in and <br /> ;for the State of Washington, duly commissioned and sworn, personally appeared Betty <br /> 1Curran, President, and J.V. Curran, Secretary, of Claremont Industries, Inc., to me <br /> known to be the individuals described in and who executed the within and foregoing <br /> tnstrument, and acknowledged to me that they signed and sealed the said instrument as <br /> heir free and voluntary act and deed for the uses and purposes therein mentioned. <br /> '14 Sr- <br /> GIVEN under my hand and official seal this f"A-C4e,u$'n 1981. <br /> NOTARY PUBLIC in and for the State of <br /> Washington, residing at _`v'EX E ^ <br /> 1 <br />