Marlene and Harlin Lindstrand 8/17/2018 Amendment 1

• o' ,Medical related activities .•' Health and Fitness club e.-,Church •-, •.• Crematorium l 5. f 1• ~' : PART TWO—ADMINISTRATION & ENFORCEMENT • 2 '1-,....Violafioh—EiiforCement In the event of any action to enforce this Agreement by the City, or on.a6count'ofiarty default or breach of this Agreement by the Applicant, the Applicant shall be respons11216 for the tr'ity's costs and attorneys fees The venue for such action shall be in Snohomish-Courti.S.uperior-Court. Further, if construction and/or use of the Property is found to be inconsistent with th•e�terms of this Agreement, all entitlements to the C-2 zone under the rezone and this Agreemerit shall'be forfeited, and any use inconsistent with this Agreement shall be deemed a-vtalatiori oftheZoning Code and be subject to all violation, enforcement and penalty provisions associated with tt ••vioation of the City Zoning Code 2 2 Entire Agreement, Arriendmecits This Agreement sets forth the entire agreement of the parties This Agreement shall'be. onstfued:as.a whole No amendment, change or modification of any provision of trif,s Agr einer}t-'shall be valid unless set forth in writing and signed by both parties 2 • 3 Non-waiver, Severability The failure of'eithef party to insist upon or enforce strict performance by the other party of any of the''provisions..df this Agreement or to exercise any rights or remedies under this Agreement shall rrot•be,construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon artyisu'ch.provisions or rights in that or any other instance, rather, the same shall be and remain iMuil foFce.and effect The invalidity or unenforceability of any provision of this Agreement shall••rrtit affect the other provisions hereof, and this Agreement shall be construed in all respects as if such in./alid or unenforceable provisions were omitted 2 4 Recording, Binding on Successors and Assigns This Agreer eint••s1ial ;be recorded against the Property and shall be binding upon and inure to the behef.t bf the•respective successors and assigns of the parties. • 2 5 Implementation Owners shall take such action (including, but not limited to ttie-i execution, acknowledgment and delivery of documents) as may reasonably be t•eq.iested by the other party for the implementation or continuing performance of this Agreement. ,. 5 -..