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• • y. � <br /> ' � <br /> B. That any building or structure set up, erected, built, moved or <br /> � � maintained or any use of property contrary to the provisiors of this Agreement, <br /> shall be and the same is hereby declared to be a publlc nuis.ance. <br /> The City is hereby authorized to apply to any court of competent jurisdio- <br /> tion for and such court, upon hesring and for cause shown, may grant a preliminary, <br /> temporary or permanent injunction restraining any person, firm t�nd/or corporation <br /> from violating any oi the provisions of this Agreement, and compelling compliance <br /> with the provisions thereof. <br /> C. That the penalty and enforcement provisions provided herein shall not <br /> be exclusive and the City may piasue any aotion remedy or relief it deems <br /> dp(7tO�Plflit'. <br /> D. That in the event the City is required to seek enforcement of any of <br /> the provisions of this Agreement by filing an action in court and the City is• <br /> � successful in obtaining said enforcement, Owner, Owner's heirs, successors and <br /> assigns, and all subsequent Owners, their respective heirs, successors and assigns <br /> agree to pay all costs and reasonable attorney's fees incurred by the City. <br /> Section 15: RECONSIDERATION. That should the Owner, Owner's <br /> successors gnd assigns, or any subsequent Owner, their respective heirs, successors <br /> and essigns desire to chsnge the LLse of the property as permitted herein (transit <br /> termin .), they agree to file an application with the City and to allow the City to <br /> reconsider the M-M zoning designation and further agrees thst the City may <br /> chan��e the zoning designation and/or terms of this Agreement if it deems <br /> necessary. <br /> Sec:tion lfi: NON-WANER. That the waiver by the Owner or the City of <br /> the breach of any provision of this Agreement by the other party will not operate <br /> or be construed as a waiver of amy subsequent breach by either party or prevent <br /> � <br /> either party from thereafter enforcing any such provision. <br /> IN WITNESS WHEREOF, the Own�rs have caused these presents to be <br /> executed in their name and the City has ^_aused the same to be duly executed by its <br /> �Iayor, the date and year £irst above written. <br /> Q'NNER: <br /> � � ^ ��,�� <br /> � � �;ISH COUNTY� BU� <br /> BENEFIT AREA CORPORAT'I�N <br /> -7- <br />