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, B. That any building or structure set up, erected, built, moved cr <br /> � /"� maintai�rod ur eny use ot property contrary to the procinions of this Agreement, <br /> shal: be and the seme is hereby declared to be a publlc nuia�ence. <br /> The City is hereby authorized to appty to eny court of competent jurisdtc- <br /> tion for and such cowt, i�pon hearing and for cauee shown, may grant e prellminery, <br /> temporary or permenent injunetion restre:ning any penon, f[rm and/or corporetlon <br /> from �;iolattng eny of the provisions of�thl� Agreement, and compelllng complience <br /> v�ith the provistons thereo[. <br /> C. Thet the penalty�nd entorcement provts(ons provided herein shall not <br /> be exclusivc and the City may pasue eny action remedy or reltef it deems <br /> appropriate. <br /> D. That in the event the City u rcquired to seek enlorcement o[ any o[ <br /> the provisions ot thG Agreement by tillng an ection in court and !he City Is <br /> r,.� succaaful in obtnlning sald enforcement, Owne�, OwneCa hein, succeeson end <br /> essfgns, end all su6aequent Ownera, thelr respective heiro, successors and essigns <br /> agree to pay ell casb end reasonable attorney's fea incurred by the City. <br /> Section 15: RECONSIDERAI'ION. Thet should the Owner, Owner's <br /> successo�e and essigru, or nny subsequent Owner, their respective hein, succeasors <br /> and assigns desire to change the ine ot the property es permitted hercin (treruit <br /> terminal), they egree to flle en appllcatlon wfth the City and to allow the C`ty to <br /> recorv;ider the M-M zoning desig+:ndon end [urthe� agree� that the Ctty may <br /> chenge the zoning dnignedon and/or termn of this Agreement if it deems <br /> neces�ary. <br /> 3ection 16: NON-WANEA. That the waiver by the Owner or the Clty ot <br /> the breach ot any proviaion ot thfs Agreement by the other puty will not apera'ce <br /> r or be corotrued as a waiver ot eny subsequent braich by efther party or prevent <br /> eithv party from thereetter enforcing eny such provislon. � <br /> [N WIT4£59 WHEREOF, the Owners heve cuuaed these prnenU to ue <br /> executed tn their name and the Clty hee ca�ned the seme to be duly executed by its <br /> hfayor, the date and yeer first above written. <br /> OWNER: <br /> � (��, �i <br /> r" SN6HSISi[�� �'6�N'��-a �t <br /> BENEFIT AREA CORPORATTON <br /> . ��0 <br />