CONTRACT REZONE AGREEMENT.doc
CONTRACT REZONE AGREEMENT
THIS INSTRUMENT is executed this date in favor of the City of Edmonds, a Municipal
Corporation (herein called "City") by ESC Associates, the owner of property legally
described below (herein called "Owner").
WITNESSETH:
WHEREAS, Owner owns a fee simple and/or substantial beneficial interest in the
properties described in Exhibit A attached hereto and incorporated by reference; and
WHEREAS, Owner has filed a petition (C.F. ____________) with the City to rezone the
Property from Community Business (BC) to CG on the southern portion of the proeprty
and CG 2 on the northern portion; and
WHEREAS, the Planning Board of the City of Edmonds held a public hearing on
_____________________________ , and thereafter recommended to the City Council
that the petition be granted subject to certain conditions, and the Council granted the
petition;
NOW, THEREFORE, Owner hereby covenants, bargains and agrees on behalf of itself
and its successors and assigns that it will comply with the following limitations and
conditions in consideration of the rezone of the Property from Community Business (BC)
to CG on the southern portion of the property and CG 2 on the northern portion.
Section 1. Use and development of the Property shall be accomplished in accordance
with the following conditions:
A. Development shall substantially comply with the design presented to the Planning
Board, as shown in Exhibit B attached hereto and incorporated by this reference. Any
major change to the design or to the proposed project, shall require further review and
approval by the City Council of the City of Edmonds.
B. All future development of the property shall comply with the Edmonds Municipal
Code and all rules adopted in connection therewith.
Section 2. This Contract Rezone Agreement (hereinafter "Agreement") shall be recorded
in the records of Snohomish County by the City Clerk. The convenants hereof shall be
deemed to attach to and run with the Property and shall be binding upon the Owner, his
heirs, successors, and assigns, and shall apply to after- acquired title of the Owner of the
Property; provided that the convenants herein and the rezone shall expire and be of no
force and effect _____________ years from the effective date of the approval of this
rezone.
Section 3. This Agreement may be further amended or modified by agreement between
Owner and the City; provided, such amended agreement shall be approved by the
legislative authority of the City by ordinance. Nothing in this Agreement shall prevent the
City Council from making such further amendments to the Zoning Ordinance or
Municipal Code as it may deem necessary in the public interest. Nothing in this
Agreement is intended to authorize any use or dimension not otherwise permitted in the
CG and CG 2 zones. The conditions contained in this Agreement are based on the
unique circumstances applicable to this Property, and this Agreement is not intended to
establish precedent for other rezones in the surrounding area.
Section 4. Owner acknowledges that compliance with the condition of this Agreement is
a condition of the subject rezone and that if Owner avails himself of the benefits of
this rezone but then fails to comply with the conditions of this Agreement with the City,
in addition to pursuing any other remedy, the City may revoke the rezone by ordinance
and require the use of the Property to conform to the requirements of the Community
Business (BC) zone.
DATED this _______ day of _______________________
CITY OF EDMONDS
_________________________________
By
_________________________________
Its
ESC ASSOCIATES
_________________________________
By
_________________________________
Its
State of Washington )
) ss.
County of _________ )
I certify that I know or have satisfactory evidence that ________________ is the
person who appeared before me, and said person acknowledged that _____ signed
this instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the _______________ of ____________________to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
SUBSCRIBED AND SWORN TO before me this day of __________, 200___.
NOTARY PUBLIC, in and for the
State of Washington, residing
at .
My Comm. Expires: .
State of Washington )
) ss.
County of _________ )
I certify that I know or have satisfactory evidence that _____________________ is
the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the _______________ of ___________________to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
SUBSCRIBED AND SWORN TO before me this day of __________, 200___.
NOTARY PUBLIC, in and for the
State of Washington, residing
at .
My Comm. Expires: .