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•i , <br /> . <br /> 7. Construction of Agreement <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the M-1 classification. Nothing herein shall <br /> be construed as being agreed to in consideration for said zoning in <br /> consideration for this Agreement. <br /> 8. Non-Waiver <br /> The waiver by any owner or the City of the breach of any 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 /> 9. Effective Date <br /> A. This Agreement shall become effective only upon the occurrence <br /> of all of the following: <br /> 1) The zoning ordinance affecting the subject property <br /> becoming effective; <br /> 2) The property owner identified herein has executed this <br /> Agreement and submitted it to the City within thirty days <br /> of the date of passage of the subject zoning ordinance <br /> affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> IN WITNESS WHEREOF, the owner has caused these presents to be <br /> executed in his name and the City of Everett has caused the same to be duly <br /> executed by its mayor, the date and year first above written. <br /> h ,/,.„ / i <br /> :div <br /> . .. <br /> Represen ative of the Bur ngton Northern Railroad Company <br /> STATE OF WASHINGTON) <br /> ) ss. <br /> COUNTY OF 6-WHOM-IRO <br /> K1111G <br /> I certify that I know or have satisfactory evidence <br /> that nab S. W* GME1 . , a Representative of the Burlington <br /> Northern Railroad Company signed this instrument and acknowledged it to be <br /> his free and voluntary act for the uses and purposes therein mentioned in <br /> the instrument. <br /> W I L y4, lilit <br /> a `- %%%%sioN%t4. �/f' I <br /> �?o+a'' of xp�9 I, '6 Dated M A TZ.C;�l 2-7 i 19 59 <br /> 09 % rom0.04"0 5 Signature of ( E__ <br /> yf, P L'� s Z0 Notary Public P. <br /> .0,/�J`',sto� ' `.9--,'2: ane Title <br /> SS. #,��%%„,,,,,>':y\� <br /> wild f WAri My Commission expires I -g - g 3 <br /> 0459S <br /> CONCOMITANT AGREEMENT - 5 <br /> x'04120072 <br /> VOL. 2220PA6E2016 <br />