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. �i I . <br /> ,I � <br /> �� I <br /> . • �I <br /> ii , <br /> ;I . <br /> I <br /> I <br /> � <br /> Iq, Recording: <br /> �I <br /> p. This Agreement shall be filed in the records of the Snohomish <br /> II County Auditor for the purpose oC sub,jecting the property ta the <br /> i� restrictions� conditioc�s and limitations herein set forth ahich <br /> �i are intended and shail have ' the foree and effect of deed <br /> i� restrictions and shall be deemed to be covenants running witti the • <br /> Iland and binding upon the owners, their successors, tenants, s: <br /> I assigns. � <br /> Ii 10. Enforeement: � I <br /> �I p, pny violation of this Agreement by the owner, his successors, <br /> I� tenants or assigns� shall be considered a violation of the Zoning <br /> � Code of the City of' Everett' and shall be sub�ect to all <br /> j applicable penalties. Provided, that no personal liability shall <br /> accrue against any party hereto� except for a violation <br /> � spacifically affecting property owned by such Farty. The <br /> i personal liability of any party shall terminate upon the sale of <br /> its equitable interest in the property to another property. <br /> ig, pny building or structure set up, erected, built, moved 'or <br /> ; maintained, or any use of property contrary to the provisions of� <br /> �I this Agreement, shall be and the same is hereby deelared to be al <br /> Ipublic nuisance. <br /> i C. The City is hereby authorized to apply to any court of competent <br /> I ,jurisdietion for and such court, upon hearing and for cause <br /> shown, may grant a preliminary, temporary or permanent in,�unction ' <br /> restraining any person� firm and/or corporation from violatingi <br /> � any of the provlsions of this Agreement, and oompelling <br /> Iaomplianee r+ith the provisions thereof. <br /> , D. The penalty and enforcement proursue nan P aotion remedy cra relief ' <br /> I be excluslve and the City may p Y � <br /> it deems appropriate. <br /> I 11. Construction of Agreement: I <br /> p. This Agreement is concomitant aith the action of the City ofl <br /> Everett zoning the property to the R-3 classification. Nothing <br /> herein shall be con:itrued as being agreed to in consideration for <br /> �said zoning, nor dces the .City relinquish its legislative power <br /> with respect to said zoning in consideration for this Agreement. <br /> I) 12. Non-Waiver: <br /> IA. The waiver by any ownerntob ttihe other �partyeaille not operatel� <br /> �iprovision of this Agreeme Y <br /> � or be construed as a waiver of any subsequent breach by either <br /> I party or prevent either party From tl�ereafter enforcing any such i <br /> provision. � <br /> I 13. Effective Date: ! <br /> , <br /> I <br /> i p, This Agreement shall become effective only upon the occurence of � <br /> il all of the following: <br /> � <br /> il _4_ <br /> � � <br /> �I I <br /> II I <br /> i � <br /> I I <br /> I <br /> I� I <br /> I I <br />