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. <br /> ;i Engineer. If, after reviewing a detailed site plan, the Planning <br /> d Director or City Engineer determine that the change proposed is <br /> not substantial, (meaning a change of 10% or less), the Planning <br /> ' Director or City Engineer may authorize the change. However, if <br /> in the opinion of the Planning Director or City Engineer the <br /> j requested change is a substantial change, the Owner shall be <br /> Oequired to go to the Hearing Examiner to seek authorization for <br /> II the proposed change. The Planning Director's or City Engineer's <br /> Iruling may be appealed to the Hearing Examiner. In any event, any <br /> I time a change results in a substantial change to the terms or <br /> 11 requirements of this Agreement, this Agreement must be amended by <br /> '1 written amendments hereto duly executed by the Owner and the <br /> . 1 City's Mayor. <br /> i <br /> i 17. RECORDING <br /> This Agreement shall be filed in the records of the Snohomish <br /> County Auditor for the purpose of subjecting the property to the <br /> L restrictions, conditions and limitations herein set forth which <br /> are intended and shall have the force and effect of deed <br /> restrictions and shall be deemed to be covenants running with the <br /> ; land and binding upon the Owners, their successors, tenants and <br /> assigns. <br /> 18. ENFORCEMENT 1 <br /> A. Any violation of this Agreement by the Owners, their <br /> �! successors, tenants or assigns, shall be considered a <br /> violation of the Zoning Code of the City of Everett and <br /> shall be subject to all applicable penalties. Provided, <br /> that no personal liability shall accrue against any party <br /> I1 hereto, except for a violation specifically affecting <br /> property owned by such party. The personal liability of any <br /> party shall terminate upon the sale of its equitable <br /> iJ interest in the property to another party. <br /> ,1 <br /> B. Any building or structure set up, erected, built, moved or <br /> maintained, or any use of property contrary to the <br /> Iprovisions of this Agreement, shall be and the same is <br /> ;I hereby declared to be a public nuisance. <br /> li <br /> C. The City is hereby authorized to apply to any court of <br /> 11 <br /> competent jurisdiction for and such court, upon hearing and <br /> H for cause shown, may grant a preliminary, temporary or <br /> permanent injunction restraining any person, firm and/or <br /> d corporation from violating any of the provisions of this <br /> Agreement, and compelling compliance with the provisions <br /> H thereof. <br /> D. The penalty and enforcement provisions provided herein shall <br /> .; not be exclusive and the City may pursue any action, remedy <br /> or relief it deems appropriate. <br /> .I 19. CONSTRUCTION OF AGREEMENT <br /> 11 <br /> ;i This Agreement is concomitant with the action of the City of <br /> Everett zoning the property to the C-2 classification as shown on <br /> 'i the 19th Avenue S.E. Plan referred to herein. Nothing herein <br /> I <br /> shall be construed as being agreed to in consideration for said <br /> zoning, nor does the City relinquish its legislative power with <br /> 11 respect to said zoning in consideration for this Agreement. <br /> 1I <br /> I <br /> I' CONCOMITANT AGREEMENT - 6 <br /> 8 0507uU7 <br /> 1 <br />. <br /> vat 1.898 PAGE 098 <br />