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C H <br />�xHxaa[n <br />F3 <br />K C) <br />H 'b <br />GxO <br />'zJ HH <br />ti H <br />H <br />z <br />H C7 <br />OH <br />Hoo <br />MO <br />0% n <br />H G <br />23. Recording <br />This Agreement shall be filed in the records of the Snohomish County <br />Auditor for ti.i purpose of subjecting the property to the <br />restrictions, conditions, and limitations herein set forth which are <br />intended and shall have the force and effect of deed restrictions and <br />shall be deemed to be covanaata running with the land and binding <br />upon the owners of the subject property, their successors, tenants, <br />and assigns. <br />26. Enforcement <br />A. Any violation of this Agreement by the owner, hie 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 in 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 some 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 show, may grant a preliminary, temporary or permanent <br />injunction restraining any person, firm and/or corporation <br />from violating, any of the provisions of thin 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 />25. Change of Ownership <br />That in the event there is a change in ownership, it is the <br />responsibility of the caw owner(a) to notify the City's Planning <br />Department in writing within ten (10) days of the effective date of <br />the change. <br />26. Legislative power <br />That nothing herein shall be construed as being agreed to is <br />consideration for said rezone, nor does the City relinquish its <br />legislative power with respect to said rezone in consideration for <br />this Agreement. <br />27. Concomitant <br />That this Agreement is concomitant with Exhibit "A," the ordinance <br />zoning the herein described property to M-M Medium Manufacturing Zone. <br />28. Von -Waiver <br />The waiver by any owner or the City of the breach of say provision of <br />this Agreement by the other party will not operate or be construed as <br />a waiver of any subsequent breacn by t th;r ;a::y :: r.i—,L either <br />party from thereafter enforcing any such provision. <br />4803250O24 <br />._ 212SPcSE1958 <br />I <br />