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V. Enforcement <br /> A. Any violation of this Agreement by the owner, his successors, <br /> tenants or assigns, shall be considered as a violation of the <br /> Zoning Code of the City of Everett and shall be subject to all <br /> applicable penalties. <br /> B. Any violation of this Agreement is subject to the cease and <br /> desist order enforcement procedure as adopted by the City of <br /> Everett. <br /> C. Any building or structure set up, erected, built, moved or <br /> maintained, or any use of the property contrary to the <br /> provisions of this Agreement, shall be and the same is hereby <br /> declared to be a public nuisance. <br /> D. 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 and/or corporation <br /> from violating any of the provisions of this Agreement, and <br /> compelling compliance with the provisions thereof. <br /> E. 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 /> VI. Change of Ownership That in the event there is a change in <br /> ownership, it is the responsibility of the new owner(s) to notify the City's <br /> Planning Department in writing within ten (10) days of the effective date of <br /> the change. <br /> VII. Legislative Power That nothing herein shall be construed as <br /> being agreed to in consideration for said rezone, nor does the City <br /> relinquish its legislative power with respect to said rezone in <br /> consideration for this Agreement. <br /> VIII. Concomitant That this Agreement is concomitant with Exhibit <br /> "A," the ordinance zoning the herein described property to B-1 Neighborhood <br /> Shopping Zone. <br /> IX. Non-Waiver That the waiver by the Owner or the City of the <br /> breach of any provision of this Agreement by the other party will not <br /> operate or be construed as a waiver of any subsequent breach by either party <br /> or prevent either party from thereafter enforcing any such provision. <br /> -4- <br />