Laserfiche WebLink
VI. RECORDING. <br /> This Agreement shall be filed in the records of the Snohomish County <br /> Auditor for the purpose of subjecting the property to the <br /> restrictions, conditions and limitations herein set forth which are <br /> intended and shall be deemed to be covenants running with the land <br /> and binding upon the owner, their successors, tenants and assigns. <br /> VII. ENFORCEMENT. <br /> a. Any violation of this Agreement by the Owner, his successors <br /> tenants or assigns, shall be considered a violation of the <br /> Zoning Code of the City of Everett and shall be subject to all <br /> applicable penalties. <br /> b. Any building or structure set up, erected, built, moved or <br /> maintained, or any use or development of the subject property <br /> contrary to the provisions of this Agreement, shall be and the <br /> same is hereby declared to be a public nuisance. <br /> c. The City is hereby authorized to apply to any court of <br /> competent jurisdiction for and such court, upon hearing and for <br /> cause shown, may grant a preliminary, temporary or permanent <br /> injunction restraining any person, firm/or corporation from <br /> violating any of the provisions of this Agreement, and <br /> compelling compliance with the provisions thereof. <br /> d. The penalty and enforcement provisions provided herein shall <br /> not be exclusive and the City may pursue any action, remedy or <br /> relief it deems appropriate. <br /> VIII. CONSTRUCTION OF AGREEMENT. <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the R-1 PRD classification. Nothing here <br /> shall be construed as being agreed to in consideration for said <br /> zoning, nor does the City relinquish its legislative power with <br /> respect to said zoning in consideration for this Agreement. <br /> IX. NON-WAIVER. <br /> The waiver by any Owner or the City of the breach of a provision of <br /> this Agreement by the other party will not operate or be construed as <br /> a waiver of any subsequent breach by either party or prevent either <br /> party from thereafter enforcing any such provision. <br /> X. EFFECTIVE DATE. <br /> This Agreement shall become effective only upon the occurrence of all <br /> the following: <br /> 1) The property owner(s) identified herein have executed this <br /> Agreement and submitted it to the City within thirty days of <br /> the date of passage of Resolution No. 7 7 affecting <br /> the subject property; and <br /> 2) The City has executed this Agreement. <br /> I I <br /> -6- <br />