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B. Construction of Agreement <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the B-1 classification. Nothing herein shall be <br /> construed as being agreed to in consideration for said zoning in <br /> consideration for this Agreement. <br /> C. 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 a <br /> waiver of any subsequent breach by either party or prevent either party <br /> from thereafter enforcing any such provision. <br /> D. Effective Date <br /> 1. This Agreement shall become effective only upon the occurrence of <br /> all of the following: <br /> a. The zoning ordinance affecting the subject property <br /> becoming effective; <br /> b. 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 /> c. The City has executed this Agreement. <br /> E. Federal, State, and Local Regulations <br /> Development and all activities on this property shall be in compliance <br /> with all applicable federal, state, and local regulations. <br /> F. Recording - Binding Effect <br /> This Agreement shall be binding upon owner's heirs, successors, assigns <br /> and all other parties legally empowered with signatory rights of the <br /> owner. This Agreement shall be filed in the records of the Snohomish <br /> County Auditor for the purpose of subjecting the property to the <br /> restrictions, conditions, and limitations herein set forth herein which <br /> are intended and shall have the force and effect of deed restrictions <br /> and shall be deemed to be covenants running with the land and binding <br /> upon the owners, their successors, tenants, and assigns. <br /> G. Enforcement <br /> 1. Any violaton of this Agreement by the owner, owner's successors, <br /> tenants or assigns, shall be considered a violation of the Zoning <br /> Code of the City of Everett and shall be subject to all <br /> applicable penalties. <br /> -4- <br />